Soncino English Talmud
Gittin
Daf 30b
— Where there are Cuthean poor. If the poor man became rich, he does not set aside dues for him, and that man becomes possessor of what he has. Why did the Rabbis safeguard [the lender] in the case of the poor man dying and not in the case of his becoming rich? — It is a common thing for people to die, but not to become rich. R. Papa said: This is borne out by the common saying: 'If [you hear that] your neighbour has died, believe it: if [you hear that] he has become rich, do not believe it.' IF HE DIES, HE MUST OBTAIN PERMISSION FROM THE HEIRS. It has been taught: Rabbi says. Heirs that have inherited. Are there any heirs that do not inherit? — R. Johanan explained it to mean heirs that inherit land but not money.' R. Jonathan said: If he left a mere needleful [of land], the other can recoup himself only to the extent of a needleful, and if he left an axeful, the other can recoup himself to the extent of an axeful. R. Johanan said: Even if he only left a needleful he can recoup himself to the extent of an axeful, as in the incident of the small field of Abaye. Our Rabbis have taught: If an Israelite says to a Levite, 'I have set aside a tithe for you.' he need not be concerned about the priest's due in the tithe. If, however, he said, 'I have set aside a kor as tithe for you,' he has to concern himself about the priest's due in the tithe. What does all this mean? — Abaye said: It means this. If an Israelite said to a Levite, 'I have set aside tithe for you, and here is money for it', he has no need to worry lest the Levite should have made that produce the priestly due on produce received by him from elsewhere. If, however, he said, 'I have set aside a kor of tithe for you and here is the money for it', he has to worry lest the Levite should have [already] made it the priestly due on tithe from elsewhere. Are we then dealing with rogues who take money and make it [the produce] priestly due on tithe from elsewhere? — In fact, said R. Mesharsheya the son of R. Idi, [the Baraitha] means this: If the Israelite said to the son of a [deceased] Levite, I have set aside tithe for your father and here is the money for it, he need not worry lest the father had made it priestly due on tithe from elsewhere. If, however, he said, I have set aside a kor of tithe for your father and here is the money, he has to worry lest the father had made it priestly due on tithe from elsewhere. Can we than suspect Haberim of setting aside the priestly due from produce in another place? — In fact, said R. Ashi, it means this: If a son of a [deceased] Israelite says to a Levite, My father told me [before his death] that he had set aside tithe for you or for your father, he [the Levite] has to worry about the priest's due in it, since as [the quantity is] indefinite, the owner's father may not have made it available for ordinary use [by setting aside the priestly due in it]. If, however, he says, I have a kor of tithe set aside for you or for your father, there is no need to worry lest the priestly due is still contained in it, since as [the quantity] is definite, he may be sure that the owner made it right [before his death]. But has the owner the right to set aside the terumah from the Levite's tithe? — Yes. Such is the ruling of Abba Eleazar b. Gamala, as it has been taught: Abba Eleazar b. Gamala says. It is written, And your heave-offering shall be reckoned to you.
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