Sefer HaChinuch ספר החינוך

To separate the great tithe for the priest: That we were commanded to separate the priestly tithe from the grain and the wine and the oil and we give it to the priest. And this is what is called the great tithe. And about this is it stated (Deuteronomy 18:4), “The first of your grain, your wine and your oil, etc. shall you give him.” And they, may their memory be blessed, said (Chullin 137b) that there is no measure for it from Torah writ. Rather, even one [grain of] wheat exempts a large pile. But the Sages said (Mishnah Terumot 4:3) to separate more. And they said that one who has a moderate eye separated one part in fifty; and they based the thing upon the language, terumah (tithe) — meaning to say, trei memeah (two of a hundred), which is one from fifty.

It is from the roots of the commandment [that] since grain, wine and oil are the essence of people’s nourishment and the whole world is the Holy One’s, blessed be He, therefore it is fit for a man to remember his Creator for the blessing with which He blessed him, and to separate some of it for His sake, blessed be He, and give it to His servants — which are the priests that are constantly engaged in Heavenly service — before the hand of a man touch it and benefit from it at all. And from this foundation, they, may their memory be blessed, said that even one [grain] of wheat exempts the pile; as there is no difference between large and small in the remembrance of mastery. However, our Rabbis, may their memory be blessed, added onto the thing to give a fit measure for it, in order to arouse the heart of a man more. As in man’s being physical, he does not put into his heart something small like [he does something] large, that fills his eyes and to which his actions testify more; like it is the way and nature of man to rejoice over much food. And I have already written more of what I have known about the reason for the portions of the priests in the Order of Vayikach Korach on the commandments of the tithe and the tithe from the tithe (Sefer HaChinukh 395-396).

From the laws of the commandment is, for example, that which appears in the Gemara (Rosh Hashanah 12a, and see Tosafot, s.v. tanna derabbanan) that the central obligation from Torah writ — and so [too,] of tithes — is from grain, wine and oil alone, since they are the main nourishment of man. But rabbinically, one is obligated also [on] anything that is human food, that is guarded and the growth of which is from the ground. And even though we found that in the Sifrei, they based the thing on a verse, it was only a memory device (asmakhta) — as I have written in the Order of Vayikach Korach (Sefer HaChinukh 395) with the commandment of the tithe. As there they said, “‘The first of your grain’: just like grain, wine and oil are human food, its growth is from the earth and it has owners — as it is stated, ‘your grain’ — so too, all that is similar to them is obligated in priestly tithes and tithes.” And they, may their memory be blessed, said (Talmud Yerushalmi Challah 4:4 and see Mishneh Torah, Laws of Heave Offerings 2:2, 5) that even though vetch is not human food, it is obligated in the priestly tithe and the tithe, since we eat them in years of famine. And rubia (some have the text, tiah), hyssop and thyme that are planted from the outset for man are obligated in the tithe; and so [too,] all that are similar to them. [If] he planted them for animals — even though he reconsidered and designated them for people while they were attached [to the ground] — they are exempt, since the designation of a man while they are attached is nothing. [If] they grew on their own in a courtyard: if it is a courtyard that protects its fruit, behold, they are obligated — as [when] undifferentiated, they are for people; but if it does not protect, they are exempt. Garden seeds — such as turnip seeds, radish seeds, onion seeds and all that are similar to them — are exempt from the priestly tithe and the tithes, since they are not human food. But nigella is obligated in the priestly tithe and tithes. The seed (berries of) clover, of mustard, of white beans, of capers and of caper buds are exempt, because they are not fruits. About what are these words speaking? When he planted them for the seed. But when he planted them for the vegetable, behold, they are obligated, since they are fruits. And so [too,] the berries of capers are obligated, since they are [its] fruit. Coriander that was planted for the seed is exempt from the priestly tithe and the tithes. If they were planted for the vegetable, one must separate the priestly tithe and the tithe from the vegetable and the seed. And so, [too,] shevet: if he planted it for the seed, it is exempt; if he planted it for the vegetable, it is tithed — [both] the seed and the vegetable. For if he took the vegetable to eat, he separates the priestly tithe and the tithes from it, and then he eats; and when it dries and he gathers its seed, he separates its seed.

And also from the content of the commandment is that which they, may their memory be blessed, said (Rosh Hashanah 12b) that there is no obligation of priestly tithes and tithes until they come to a third [of their growth]. And so [too,] that which they said that the gleaning, the forgotten, the corner and the small grape strands of an Israelite (which are all reserved for the poor) are exempt from the priestly tithe and the tithes, even though he made a pile of them at home. And so [too,] that which they said (Mishneh Torah, Laws of Heave Offerings 3:4) that we do not take the tithe by weight or by number, but rather by estimation, since a measure is not stated about it in the Torah. And I have already written at the beginning of the commandment that a moderate eye separates one part in fifty by estimation. And he should not put the fruit into a pail or a basket the size of which is known, but he can take the priestly tithe in them [by filling] their half or their third. And it is permitted to separate the priestly tithe from that which is not adjacent; but nevertheless, Torah scholars do not do so. And so wrote Rambam, may his memory be blessed (Mishneh Torah, Laws of Heave Offerings 3:20). And that which they said (Kiddushin 41a) that a man can make an agent to separate the priestly tithe and the tithe, as it is stated (Numbers 18:28), “So shall you also separate the priestly tithe” — to include the agent who is likewise a member of the covenant (a Jew) — and many other laws in the Gemara about agency; that which they said (Mishneh Torah, Laws of Heave Offerings 6:1) that the priestly tithe is eaten by priests — whether adults or minors — themselves, their wives, their Canaanite slaves, and even their beasts; and many other laws in the Gemara about this, such as the wife that rebelled, the slave that escaped, the laws of divorce and engagement, and several similar to them; the laws of the priestly tithe concerning its nullification, about which the Sages, may their memory be blessed, gave a measure of [one part to] a hundred and one; and the rest of its many details are in Tractate Terumot, and some of its laws are scattered in many places of the Talmud.

And the commandment of the priestly tithe — also the commandment of the tithes — is practiced from Torah writ in the Land of Israel and at the time that Israel is there. And so wrote Rambam, may his memory be blessed, at the end of the first chapter of the Laws of Heave Offerings (Mishneh Torah, Laws of Heave Offerings 1:26), and this is his language, “The priestly tithe at this time is not from Torah writ, but [rabbinic] — even in a place that those that came up from Babylonia held, and even at the time of Ezra — as you do not have the priestly tithe from the Torah except in the Land of Israel at the time that all of Israel is there, as it is stated, ‘When you come’ (seemingly a reference to Numbers 15:18, which has, ‘In your coming’) — the coming of all of you, like they were at the first possession, and like they are to return in the future for the third possession, and not like they were at the possession in the days of Ezra, which was a coming of some of them — and hence it was not from the Torah [then]. And so does it appear to me is the law of tithes [as well], that we are only [rabbinically] obligated at this time — like the priestly tithe.” To here [are his words]. And Raavad, may his memory be blessed, wrangled him about this matter and this is his language: Avraham said, “He did not conceive the law properly — as behold, we establish it [to be] like Rabbi Yochanan — as we say in Yevamot 81a, ‘The priestly tithe at this time is from Torah writ’ — meaning in the Land of Israel. And it appears that he, himself, wrote this at the beginning of the book. And if there is [truth] to this matter, it is in [the laws of] challah.” To here [are his words]. And now if the truth is like the words of Raavad, may his memory be blessed, we would have had to count this commandment among the commandments that are practiced now in the Land from Torah writ, as well as six other commandments concerning the priestly tithe in the Order of Emor (Sefer HaChinukh 279-284) and one in the Order of Mishpatim (Sefer HaChinukh 72); and two in the Order of Vayikach Korach — the tithe and the tithe from the tithe (Sefer HaChinukh 395-6). But [as for] me, I will set the words of Rambam, may his memory be blessed, between my eyes and from his well shall I draw — as he is the reason for all of this involvement in the counting of the commandments, for me and for all who came after him. And nonetheless there is none in the world that disagrees that it is also practiced rabbinically in the Land of Shinaar, since it is close to the Land of Israel, and many of Israel go to and come back from there. And they also ordained that we should practice the priestly tithes and the tithes even in the Land of Egypt and even in Land of the Children of Ammon and Moav, since they surround the Land of Israel.

And the Land of Israel that is stated in every place is [referring to] the lands that a king of Israel, a judge or a prophet conquered with the agreement of the majority of Israel. And this is what the Sages, may their memory be blessed, called the conquest of the many. But a place that an individual from Israel or a family or a tribe gave glory to themselves and conquered is not called the Land of Israel — even if it is within the borders of the land that was given to our father, Avraham. And the law of the places that Yehoshua divided to the tribes — even though they were not all conquered — is like the law of the Land of Israel; so that the majority [of the Land of Israel] not be like the conquest of an individual, when each and every tribe enters its portion. [Regarding] the land that David conquered — such as Aram-Naharayim, Aram-Tsovah, the whole bank of the Euphrates up to Babylonia, Damascus, Achlav, Charan and similar to them — even though he conquered them with permission of the Great Court, they are not like the Land of Israel in every matter. Rather they left the category of outside of the Land and did not enter the category of the Land of Israel. And in every place, they are called Syria. And there are things [for which] their law is like the Land of Israel and there are some [for which] their law is like outside the Land, as you will find in the Gemara in scattered places. And the reason is because he conquered them before he conquered all of the Land of Israel. As had he seized all of the Land of Israel to its borders first and conquered [the other lands] afterwards, they would have been like the Land of Israel for everything. And regarding the priestly tithes, the tithes and the seventh [year], the Sages said that they be like the Land of Israel. But regardless, in the Land the obligation is from Torah writ at the time when Israel is there, like we said according to the opinion of Rambam, may his memory be blessed; but in those places it is rabbinic at all times. And they, may their memory be blessed, said (Chagigah 3b) that every place that Israel held when they came up from the exile of Egypt and became sanctified through them — that sanctity was nullified when they were exiled in the first [subsequent] exile, since they only sanctified it by way of conquest alone for the time. But when they came up a second time from the exile of Babylonia with Ezra the Scribe, they sanctified it a second time for the time and for the future to come — meaning to say, a sanctity that stands forever. But nonetheless, the obligation of the priestly tithes and the tithes are only from the Torah there — according to the opinion of Rambam, may his memory be blessed — when Israel is settled there, and as I wrote adjacently. And some places that they were in — where those that came from Egypt held — those that came from Babylonia the second time did not hold, [but rather] left them and did not sanctify them. And nonetheless, they did not exempt [those places] from priestly tithes and tithes, so that the poor that go up on the seventh [year] would [be able] to rely on them.

It comes out that regarding the commandments dependent upon the Land, the whole entire world is divided into three divisions: the Land of Israel; Syria; and outside the Land. And the Land of Israel is divided into two parts: every place that those that came up from Babylonia held is one part; and the rest that only those that came up from Egypt held is a second part. And outside the Land is also divided into two parts: the Lands of Egypt, Shinaar, Ammon and Moav, where priestly tithes and tithes are practiced rabbinically; and all of the other lands, where priestly tithes are not practiced at all. And what is the land that those who came up from Egypt held? From Rekem, which is at the East of the Land of Israel, to the Great Sea; and from Ashkelon which is to the South of the Land of Israel to Akko, which is at the North. And one who was walking from Akko to Keziv — all the land to his right which is to the East of the path, behold, it is assumed to be outside of the Land, impure from the impurity of the land of the peoples and exempt from the tithe and from the [seventh] year, until it is known to you that this place is from the Land of Israel. And all of the land that is to his left which is to the West of the path, behold, it is assumed to be the Land of Israel, pure from [the impurity of] the land of the peoples and obligated in the tithe and the seventh [year], until it is known to you that this place is outside of the Land. And anything that inclines and descends from the Amanum Mountains and inwards is the Land of Israel; from the Amanum Mountains and outwards is outside the Land. And [regarding] the islands in the sea, we see them as if a string were stretched from the Amanum Mountains to the River of Egypt: from the string and inwards is the Land of Israel; from the string and outwards is outside the Land. And that is its outline.

And one who transgresses this and does not remove the priestly tithe from the grain, the wine and the oil in the Land, at the time that Israel is there, has nullified this positive commandment; and his punishment is very great, as he ate unseparated foods. And I have already written the punishment of one who eats unseparated food in the Order of Emor el HaKohanim (Sefer HaChinukh 284). And with other fruits, he has nullified a positive rabbinic commandment; and according to the opinion of a few commentators, there is an obligation from Torah writ also with other fruits — and like we wrote. And at this time also, one who does not separate the priestly tithe from the fruits of the Land — and likewise, from the fruits of Syria; and likewise, from the fruits of those places that we wrote are obligated in priestly tithes rabbinically, such as Egypt, Shinaar, Ammon and Moav — has nullified a positive rabbinic commandment. But there is no obligation of priestly tithes ever with the fruits of other lands — not from the Torah, and not from the Rabbis.