Menachot

Then the same should be said of the dough-offering, should it not?1 — It is always possible [to avoid the dough-offering] by baking [quantities of dough each] less than five quarters of a kab and a little more2 of flour. Then with the terumah, too, it is always possible [to avoid the terumah] by acting according to R. Oshaia's ruling; for R. Oshaia said, A man can resort to a device with his produce and bring it in [to his house] together with the chaff, so that his cattle may eat of it and it is exempt from the tithe; or he can bring it in by way of the roof or by way of a back enclosure!3 — In the latter case,4 since it is done openly, he would be ashamed of it;5 but in the former case6 it is done in private and he would not be ashamed of it.7 MISHNAH. HE8 THEN CAME TO THE TENTH, PUT IN OIL9 AND ITS FRANKINCENSE, POURED IN THE OIL, MINGLED IT, WAVED IT, BROUGHT IT NEAR [TO THE ALTAR], TOOK FROM IT THE HANDFUL AND BURNT IT; AND THE REMAINDER WAS EATEN BY THE PRIESTS. AFTER THE OMER WAS OFFERED THEY USED TO GO OUT AND FIND THE MARKET OF JERUSALEM ALREADY FULL OF MEAL AND PARCHED CORN [OF THE NEW PRODUCE]; THIS, HOWEVER, DID NOT MEET WITH THE APPROVAL OF THE SAGES.10 SO R. MEIR. R. JUDAH SAYS, THEY DID SO WITH THE APPROVAL OF THE SAGES.11 GEMARA. And does not R. Judah apprehend lest one might eat of it? But I can point out a contradiction to this, for we have learnt: Judah says, One searches on the night [preceding] the fourteenth day [of Nisan], or12 on the morning of the fourteenth, or12 at the time for its removal.13 But the Sages say, If a man has not searched etc.14 — Rabbah answered, It is different with the new produce, otherwise men might avoid the dough-offering by arranging that a gentile should roll out the dough. pile of grain has been smoothed off, and (b) it is brought, when finished, into the house or store-room in the usual manner, i.e., through the door. Otherwise it is not liable, and a man's cattle may eat of it at all times, and even the man himself may eat of it casually. In this case, therefore, the produce is not liable to the tithe at all, since it was brought into the house with the chaff, i.e., unfinished, or it was brought in in an unusual manner. giving terumah he would have to resort to the subterfuge of transferring the produce to a gentile that he should smooth the pile. The Rabbis therefore decreed that this act of the gentile should not exempt it from terumah. to a gentile that he should roll it out in order to be exempt from the dough-offering. subsequent thereto had to be performed by a priest. in and the whole was mingled together, and finally the remainder of the oil was poured in. V. infra 74b; most cases is forbidden, v. infra 70a; moreover, even if it was the produce of those fields that may be reaped before the offering of the ‘Omer, v. infra 71a, it is to be feared, according to R. Meir, that the people whilst reaping would eat of it. produce until the offering of the ‘Omer. third. feared that during his search if he finds any leaven he might eat it and so transgress the law. This view clearly contradicts that expressed by R. Judah in our Mishnah.