Thank you for joining us for Maseches Demai. Just before we open the first Mishnah, let us begin with a brief explanation of the very concept of "demai."
What Is Demai:
The law of demai is based on the concern that amei ha'aretz - unlearned Jews - do not properly separate the tithes from the produce in their possession, which renders that produce "tevel," forbidden to eat. They are not suspected regarding Terumah Gedolah, the portion given to the kohen, and we assume that they did separate it; the suspicion concerns their failure to separate the tithes.
The Order of Separations in Demai:
Maaser Rishon: It is separated, but there is no obligation to give it to a Levi, since this is a matter of doubt - it is possible that the am ha'aretz did separate the tithe. Therefore we say to the Levi: "Prove that this produce is obligated in tithes," based on the rule of "the one who wishes to extract from his fellow bears the burden of proof." And since he cannot prove it, the owner may keep the maaser rishon for himself, and maaser rishon may be eaten by an Israelite.
Terumas Maaser: A tenth of the maaser rishon, which belongs to the kohen, and this must actually be separated.
Maaser Sheni: It must be separated and brought up to Jerusalem, or redeemed with the money brought up to Jerusalem.
Maaser Ani: In the years of maaser ani it must be separated, but there is no obligation to give it to a poor person - for the very same reason that there is no obligation to give the maaser rishon to a Levi, for we say to the poor person: "Prove that this produce is obligated in maaser ani," and since this cannot be proven, the tithe remains in the owner's hands. Halachically, maaser ani may be eaten by anyone, and the entire question is one of ownership of the money, and that ownership cannot be proven.
Two Reasons for the Exemption of the Lenient Items:
Our Mishnah lists types of produce from which there is no obligation to separate demai, and the Yerushalmi brings two opinions as to the reason:
These items are so inexpensive that the amei ha'aretz are not suspected regarding them - they would certainly separate tithes from them.
These items are so inexpensive that people do not keep them in their ownership at all. Generally they are ownerless and abandoned, and ownerless items are not obligated in terumos and maasros as a general rule.
"HaKallin SheB'Demai" - The List of Items:
"HaShisin" - an inferior form of the fruit of the fig tree, which does not ripen properly and falls off before the time of its ripening arrives.
"V'HaRimin" - a particular species of fruit that comes from a type of thorny bush.
"V'Ha'Uzradin" - a kind of small wild apple.
"U'Vnos Shuach" - another species of inferior fig.
"U'Vnos Shikmah" - the fruit of the sycamore tree. Some understand that this is a species of fig that resembles the sycamore fruit.
"V'Novlos HaTemarah" - dates that fall off prematurely.
"V'HaGufnin" - a particular type of grape that does not ripen properly.
"V'HaNitzpeh" - the fruit of the caper bush.
The Items in Judea:
"Ha'Og" - the sumac fruit, which has red clusters, and which was not considered significant in the region of Judea.
"V'Chometz" - and some have the reading: "vinegar of Judea."
"V'Chusbar" - coriander seeds.
The Words of Rabbi Yehudah:
"Kol HaShisin Peturin Chutz MiShel Dufra" - all the shisin are exempt, as the first Tanna said, except for the dufra: a type of shisin that would produce fruit twice a year, in the spring and in the summer, and these are a superior type of this fig.
"Kol HaRimin Peturin Chutz MiRimei Shikmonah" - all types of rimin that come from the thorny bush are exempt from demai, except for the rimin of the place called Shikmonah, which were apparently of superior quality.
"Kol Bnos Shikmah Peturos Chutz Min HaMustafos" - the bnos shikmah that grow on the sycamore tree are exempt, except for those that remained on the tree until they split open, which are of better quality, and therefore there is a concern of demai regarding them.
In Summary: In this section we learned the foundation of the law of demai - the concern that amei ha'aretz did not separate tithes (even though they are not suspected regarding Terumah Gedolah), and the order of separations that follows from this: maaser rishon and terumas maaser, maaser sheni, and maaser ani, where in the case of maaser rishon and maaser ani the portion remains in the owner's hands based on the rule of "the one who wishes to extract from his fellow bears the burden of proof." We also examined the two reasons given in the Yerushalmi for the exemption of "hakallin sheb'demai," listed the exempt items and those of Judea, and learned the three distinctions introduced by Rabbi Yehudah: dufra, rimei Shikmonah, and the mustafos.