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.
לְהַפְרִישׁ תְּרוּמָה גְּדוֹלָה לַכֹּהֵן – שֶׁנִּצְטַוִּינוּ לְהַפְרִישׁ מִן הַדָּגָן וְהַתִּירוֹשׁ וְהַיִּצְהָר תְּרוּמָה, וְנִתֵּן אוֹתָהּ לַכֹּהֵן, וְהִיא הַנִּקְרֵאת תְּרוּמָה גְּדוֹלָה. וְעַל זֶה נֶאֱמַר (דברים יח ד) רֵאשִׁית דְּגָנְךָ תִּירֹשְׁךָ וְיִצְהָרֶךָ וְגוֹ' תִּתֶּן לוֹ. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (חולין קלז, ב) כִּי מִדִּין הַתּוֹרָה אֵין לָהּ שִׁעוּר, אֶלָּא אֲפִלּוּ חִטָּה אַחַת פּוֹטֶרֶת כְּרִי גָּדוֹל, אֲבָל חֲכָמִים אָמְרוּ (תרומות ד ג) לְהַפְרִישׁ יוֹתֵר, וְאָמְרוּ מִי שֶׁיֵּשׁ לוֹ עַיִן בֵּינוֹנִית מַפְרִישׁ חֵלֶק אֶחָד מֵחֲמִשִּׁים, וְסָמְכוּ הַדָּבָר עַל לְשׁוֹן תְּרוּמָה, כְּלוֹמַר, תְּרֵי מִמֵּאָה, דְּהַיְנוּ אֶחָד מֵחֲמִשִּׁים.
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.
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁהַדָּגָן וְהַתִּירוֹשׁ וְהַיִּצְהָר הֵן עִקַּר מִחְיָתָן שֶׁל בְּרִיּוֹת, וְהָעוֹלָם כֻּלּוֹ לְהַקָּדוֹשׁ בָּרוּךְ הוּא, עַל כֵּן רָאוּי לָאָדָם לִזְכֹּר אֶת בּוֹרְאוֹ עַל הַבְּרָכָה אֲשֶׁר בֵּרֲכוֹ, וְשֶׁיַּפְרִישׁ קְצָת מִמֶּנּוּ לִשְׁמוֹ בָּרוּךְ הוּא וְיִתְּנֶנּוּ לִמְשָׁרְתָיו שֶׁהֵם הַכֹּהֲנִים הָעֲסוּקִים תָּמִיד בִּמְלֶאכֶת שָׁמַיִם טֶרֶם יִגַּע בּוֹ יַד אָדָם וְיֵהָנֶה מִמֶּנּוּ כְּלָל. וּמִן הַיְּסוֹד הַזֶּה אָמְרוּ זִכְרוֹנָם לִבְרָכָה שֶׁאֲפִלּוּ חִטָּה אַחַת פּוֹטֶרֶת אֶת הַכְּרִי, כִּי זְכִירַת הָאַדְנוּת עַל הַדָּבָר אֵין הֶפְרֵשׁ בֵּין רַב לִמְעָט. אָמְנָם רַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה הוֹסִיפוּ בַּדָּבָר לָתֵת בּוֹ שִׁעוּר רָאוּי, כְּדֵי שֶׁיִּתְעוֹרֵר לֵב הָאָדָם בָּעִנְיָן יוֹתֵר, כִּי בִּהְיוֹת הָאָדָם בַּעַל חֹמֶר לֹא יָשִׁית אֶל לִבּוֹ עַל הַדָּבָר הַמּוּעָט כְּמוֹ עַל הַמְרֻבֶּה שֶׁיְּמַלֵּא עֵינָיו, וְיָעִידוּ עָלָיו יוֹתֵר תְּנוּעוֹתָיו, כְּדֶרֶךְ טֶבַע הָאָדָם וְהֶרְגֵּלוֹ, שֶׁיִּשְׂמַח בְּמַאֲכָל רַב. וּכְבָר כָּתַבְתִּי עוֹד בְּטַעַם מְנוֹת הַכֹּהֲנִים בְּסֵדֶר וַיִּקַּח קֹרַח בְּמִצְוַת מַעֲשֵׂר וּמַעֲשֵׂר מִן הַמַּעֲשֵׂר מָה שֶׁיָּדַעְתִּי (מצוה שצה ו).
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).
דִּינֵי הַמִּצְוָה. כְּגוֹן מַה שֶׁנִּרְאֶה בַּגְּמָרָא (ר"ה יב, א ועיי"ש בתוס' ד"ה תנא דרבנן) שֶׁעִקַּר חִיּוּב הַתְּרוּמָה דְּאוֹרָיְתָא וְכֵן הַמַּעַשְׂרוֹת הוּא בְּדָגָן וְתִירוֹשׁ וְיִצְהָר לְבַד, לְפִי שֶׁהֵן עִקַּר מִחְיָתָן שֶׁל בְּרִיּוֹת, אֲבָל מִדִּבְרֵי סוֹפְרִים חַיָּב גַּם כֵּן כָּל שֶׁהוּא אֹכֶל אָדָם וְנִשְׁמָר וְגִדּוּלוֹ מִן הָאָרֶץ, וְאַף עַל פִּי שֶׁמָּצָאנוּ בְּסִפְרֵי שֶׁסָּמְכוּ הַדָּבָר לִקְרָא, אַסְמַכְתָּא בְּעָלְמָא הוּא, וּכְמוֹ שֶׁכָּתַבְתִּי בְּסֵדֶר וַיִּקַּח קֹרַח (מצוה שצ"ה) בְּמִצְוַת מַעֲשֵׂר, שֶׁאָמְרוּ שָׁם רֵאשִׁית דְּגָנְךָ, מַה דָּגָן תִּירוֹשׁ וְיִצְהָר מַאֲכַל אָדָם, וְגִדּוּלוֹ מִן הָאָרֶץ, וְיֵשׁ לוֹ בְּעָלִים, שֶׁנֶּאֱמַר דְּגָנְךָ, אַף כָּל כַּיּוֹצֵא בָּהֶן חַיָּב בִּתְרוּמָה וּמַעַשְׂרוֹת. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ירושלמי חלה פ"ד, ה"ד ועי' רמב"ם תרומות ב ב ה) שֶׁהַכַּרְשִׁינִין אַף עַל פִּי שֶׁאֵינָן מַאֲכַל אָדָם, הוֹאִיל וְאוֹכְלִין אוֹתָן בִּשְׁנֵי רְעָבוֹן חַיָּבִין בִּתְרוּמָה וּמַעַשְׂרוֹת. וְהַפּוּאָה וְהָאֵזוֹב וְהַקּוֹרָנִית שֶׁזְּרָעָן תְּחִלָּה לָאָדָם חַיָּבִין בְּמַעֲשֵׂר, וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. זְרָעָן לִבְהֵמָה אַף עַל פִּי שֶׁנִּמְלַךְ וְחָשַׁב עֲלֵיהֶן לָאָדָם כְּשֶׁהֵן מְחֻבָּרִין פְּטוּרִין, שֶׁמַּחֲשֶׁבֶת אָדָם בְּחִבּוּר אֵינָהּ כְּלוּם. עָלוּ מֵאֲלֵיהֶן בֶּחָצֵר, אִם חָצֵר הַמְשַׁמֶּרֶת פֵּרוֹתֶיהָ הִיא הֲרֵי אֵלּוּ חַיָּבִין, שֶׁסְּתָמָן לְאָדָם, וְאִם אֵינָהּ מְשַׁמֶּרֶת פְּטוּרִין. זֵרְעוֹנֵי גִּנָּה שֶׁאֵינָן נֶאֱכָלִין, כְּגוֹן זֶרַע לֶפֶת וְזֶרַע צְנוֹן וְזֶרַע בְּצָלִים וְכַיּוֹצֵא בָּהֶן פְּטוּרִין מִן הַתְּרוּמָה וּמִן הַמַּעַשְׂרוֹת, מִפְּנֵי שֶׁאֵינָן מַאֲכַל אָדָם. אֲבָל הַקֶּצַח חַיָּב בִּתְרוּמָה וּמַעַשְׂרוֹת. זֶרַע (תְּמָרוֹת) שֶׁל תִּלְתָּן וְשֶׁל חַרְדָּל וְשֶׁל פּוֹל הַלָּבָן וְשֶׁל צָלָף וְשֶׁל קַפְרִיסִין פְּטוּרִין מִפְּנֵי שֶׁאֵינָן פְּרִי, בַּמֶּה דְבָרִים אֲמוּרִים? שֶׁזְּרָעָן לְזֶרַע, אֲבָל זְרָעָן לְיָרָק הֲרֵי אֵלּוּ חַיָּבִין. וְכֵן הָאֶבְיוֹנוֹת שֶׁל צָלָף חַיָּבִין, מִפְּנֵי שֶׁהֵן פְּרִי. כֻּסְבָּר שֶׁזְּרָעוֹ לְזֶרַע פָּטוּר מִן הַתְּרוּמָה וּמִן הַמַּעַשְׂרוֹת, זְרָעוֹ לְיָרָק מַפְרִישׁ תְּרוּמָה וּמַעַשְׂרוֹת מִן הַיָּרָק וּמִן הַזֶּרַע. וְכֵן הַשֶּׁבֶת, זְרָעָהּ לְזֶרַע פָּטוּר, זְרָעָהּ לְיָרָק מִתְעַשֶּׂרֶת זֶרַע וְיָרָק. הַגַּרְגֵּר שֶׁזְּרָעוֹ לְזֶרַע מִתְעַשֵּׂר לְזֶרַע וּלְיָרָק, שֶׁאִם לָקַח הַיָּרָק לְאָכְלוֹ מַפְרִישׁ מִמֶּנּוּ תְּרוּמָה וּמַעַשְׂרוֹת וְאַחַר כָּךְ אוֹכֵל, וּכְשֶׁיִּיבַשׁ וְיֶאֱסֹף הַזֶּרַע שֶׁלּוֹ מַפְרִישׁ מִן הַזֶּרַע.
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.
וְכֵן מֵעִנְיַן הַמִּצְוָה מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ר"ה שם) שֶׁאֵין חִיּוּב תְּרוּמוֹת וּמַעַשְׂרוֹת בְּפֵרוֹת, עַד שֶׁיָּבִיאוּ שְׁלִישׁ. וְכֵן מָה שֶׁאָמְרוּ שֶׁהַלֶּקֶט וְהַשִּׁכְחָה וְהַפֵּאָה וְהָעוֹלֵלוֹת שֶׁל יִשְׂרָאֵל, אַף עַל פִּי שֶׁהֶעֱמִיד מֵהֶן כְּרִי בַּבַּיִת פְּטוּרִין מִן הַתְּרוּמָה וּמִן הַמַּעַשְׂרוֹת. וְכֵן מָה שֶׁאָמְרוּ (רמב"ם ג ד) שֶׁאֵין תּוֹרְמִין הַתְּרוּמָה לֹא בְּמִדָּה וְלֹא בְּמִנְיָן אֶלָּא בְּאֹמֶד, לְפִי שֶׁלֹּא נֶאֱמַר בָּהּ בַּתּוֹרָה שִׁעוּר, מַה שֶׁאֵין כֵּן בַּמַּעַשְׂרוֹת. וּכְבָר כָּתַבְתִּי בְּרֹאשׁ הַמִּצְוָה שֶׁעַיִן בֵּינוֹנִי, מַפְרִישׁ אֶחָד מֵחֲמִשִּׁים בְּאֹמֶד, וְלֹא יִתֵּן הַפֵּרוֹת בְּסַל וּבְקֻפָּה שֶׁמִּדָּתָן יְדוּעָה, אֲבָל תּוֹרֵם בָּהֶן חֶצְיָן אוֹ שְׁלִישָׁן. וּמֻתָּר לִתְרֹם שֶׁלֹּא מִן הַמֻּקָּף, וְאַף עַל פִּי כֵן תַּלְמִידֵי חֲכָמִים אֵין עוֹשִׂין כֵּן, כֵּן כָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (שם יז). וּמָה שֶׁאָמְרוּ (קדושין מא, א) שֶׁעוֹשֶׂה אָדָם שָׁלִיחַ יִשְׂרָאֵל לְהַפְרִישׁ תְּרוּמָה וּמַעַשְׂרוֹת, שֶׁנֶּאֱמַר (במדבר יח כח) כֵּן תָּרִימוּ גַם אַתֶּם, לְרַבּוֹת הַשָּׁלִיחַ שֶׁהוּא בֶּן בְּרִית כְּמוֹ כֵן, וְעוֹד דִּינִין רַבִּים בַּגְּמָרָא מֵעִנְיַן הַשְּׁלִיחוּת. וּמָה שֶׁאָמְרוּ (רמב"ם שם ו א) שֶׁהַתְּרוּמָה נֶאֱכֶלֶת לַכֹּהֲנִים, בֵּין גְּדוֹלִים בֵּין קְטַנִּים, לָהֶם וְלִנְשֵׁיהֶם, וּלְעַבְדֵיהֶם הַכְּנַעֲנִיִּים, וַאֲפִילּוּ לִבְהֶמְתָּם, וְעוֹד דִּינִין רַבִּים בַּגְּמָרָא עַל זֶה, כְּגוֹן אִשָּׁה שֶׁמָּרְדָה, וְהָעֶבֶד שֶׁבָּרַח, וְדִין גֵּרוּשִׁין וְאֵרוּסִין וְכַמָּה כַּיּוֹצֵא בָּהֶן. וְדִינֵי הַתְּרוּמָה בְּעִנְיַן בִּטּוּלָהּ שֶׁנָּתְנוּ לָהּ שִׁעוּר חֲכָמִים זִכְרוֹנָם לִבְרָכָה בְּאֶחָד וּמֵאָה. וְיֶתֶר רֻבֵּי פְּרָטֶיהָ, בְּמַסֶּכֶת תְּרוּמוֹת וּבְהַרְבֵּה מְקוֹמוֹת מֵהַתַּלְמוּד בְּפִזּוּר קְצָת מִדִּינֶיהָ.
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.
וְנוֹהֶגֶת מִצְוַת הַתְּרוּמָה גַּם מִצְוַת הַמַּעַשְׂרוֹת מִן הַתּוֹרָה בְּאֶרֶץ יִשְׂרָאֵל וּבִזְמַן שֶׁיִּשְׂרָאֵל שָׁם, וְכֵן כָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה סוֹף פֶּרֶק רִאשׁוֹן מֵהִלְכוֹת תְּרוּמוֹת, וְזֶה לְשׁוֹנוֹ, הַתְּרוּמָה בַּזְּמַן הַזֶּה, אֲפִילּוּ בְּמָקוֹם שֶׁהֶחֱזִיקוּ עוֹלֵי בָּבֶל וַאֲפִלּוּ בִּימֵי עֶזְרָא אֵינָהּ מִן הַתּוֹרָה אֶלָּא מִדִּבְרֵיהֶם, שֶׁאֵין לְךָ תְּרוּמָה שֶׁל תּוֹרָה אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל, וּבִזְמַן שֶׁהָיוּ שָׁם כָּל יִשְׂרָאֵל, שֶׁנֶּאֱמַר (במדבר טו יח ושם בְּבוֹאֲכֶם) כִּי תָבֹאוּ. בִּיאַת כֻּלְּכֶם כְּשֶׁהָיוּ בִּירֻשָּׁה רִאשׁוֹנָה, וּכְמוֹ שֶׁהֵם עֲתִידִים לַחְזֹר בִּירֻשָּׁה שְׁלִישִׁית, וְלֹא כְּשֶׁהָיוּ בַּיְּרֻשָּׁה בִּימֵי עֶזְרָא, שֶׁהָיְתָה בִּיאַת מִקְצָתָם, וּלְפִיכָךְ לֹא הָיְתָה מִן הַתּוֹרָה, וְכֵן הַדִּין נִרְאֶה לִי בַּמַּעַשְׂרוֹת, שֶׁאֵין חַיָּבִין בָּהֶן בַּזְּמַן הַזֶּה אֶלָּא מִדִּבְרֵיהֶם כַּתְּרוּמָה, עַד כָּאן. וְהָרַאֲבַ"ד זִכְרוֹנוֹ לִבְרָכָה תָּפַס עָלָיו בְּעִנְיָן זֶה, וְזֶה לְשׁוֹנוֹ, אָמַר אַבְרָהָם, לֹא כִּוֵּן לַהֲלָכָה יָפֶה, דְּהָא קַיְמָא לַן כְּרַבִּי יוֹחָנָן, דְּאָמְרִינַן בִּיבָמוֹת (פא, א) תְּרוּמָה בַּזְּמַן הַזֶּה דְּאוֹרָיְתָא, כְּלוֹמַר, בְּאֶרֶץ יִשְׂרָאֵל, וְהוּא עַצְמוֹ נִרְאֶה שֶׁכָּךְ כָּתַב בִּתְחִלַּת הַסֵּפֶר. וְאִם אִיתָא לְהָא מִלְּתָא בְּחַלָּה הוּא דְּאִיתָא, עַד כָּאן. וְעַתָּה אִם הָאֱמֶת כְּדִבְרֵי הָרַאֲבַ"ד זִכְרוֹנוֹ לִבְרָכָה הָיָה לָנוּ לַחְשֹׁב בִּכְלַל הַמִּצְוֹת הַנּוֹהֲגוֹת עַכְשָׁו בָּאָרֶץ מִדְּאוֹרַיְתָא זֹאת הַמִּצְוָה, וְגַם שִׁשָּׁה עוֹד שֶׁהֵם בְּעִנְיַן הַתְּרוּמָה בְּסֵדֶר אֱמֹר, וְהֵן (מצוות רעט-רפד), וְאַחַת שֶׁהִיא בְּסֵדֶר מִשְׁפָּטִים (מצוה עב), וּשְׁתַּיִם שֶׁהֵן בְּסֵדֶר וַיִּקַּח קֹרַח, מִצְוַת מַעֲשֵׂר, וּמַעֲשֵׂר מִן הַמַּעֲשֵׂר (מצוה שצה ו). אֲבָל אֲנִי דִּבְרֵי הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה אָשִׂים בֵּין עֵינַי וּמִבּוֹרוֹ אֶשְׁאָב, כִּי הוּא סִבַּת זֶה הָעֵסֶק שֶׁל חֶשְׁבּוֹן הַמִּצְוֹת לִי וּלְכָל שֶׁבָּאוּ אַחֲרָיו. וּמִכָּל מָקוֹם אֵין חוֹלֵק בָּעוֹלָם, שֶׁנּוֹהֲגוֹת מִדְּרַבָּנָן אַף בְּאֶרֶץ שִׁנְעָר, מִפְּנֵי שֶׁהִיא סְמוּכָה לְאֶרֶץ יִשְׂרָאֵל, וְרֹב יִשְׂרָאֵל הוֹלְכִים וְשָׁבִים שָׁם, וְגַם הִתְקִינוּ שֶׁיִּהְיוּ נוֹהֲגִין תְּרוּמוֹת וּמַעַשְׂרוֹת אַף בְּאֶרֶץ מִצְרַיִם וּבְאֶרֶץ בְּנֵי עַמּוֹן וּמוֹאָב, מִפְּנֵי שֶׁהֵן סְבִיבוֹת אֶרֶץ יִשְׂרָאֵל.
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.
וְאֶרֶץ יִשְׂרָאֵל הָאֲמוּרָה בְּכָל מָקוֹם הֵן אֲרָצוֹת שֶׁכָּבַשׁ אוֹתָן מֶלֶךְ יִשְׂרָאֵל אוֹ שׁוֹפֵט אוֹ נָבִיא מִדַּעַת רֹב יִשְׂרָאֵל, וְזֶהוּ שֶׁיִּקְרְאוּ חֲכָמִים זִכְרוֹנָם לִבְרָכָה כִּבּוּשׁ רַבִּים, אֲבָל יָחִיד מִיִּשְׂרָאֵל אוֹ מִשְׁפָּחָה אוֹ שֵׁבֶט שֶׁנָּתְנוּ כָּבוֹד לְעַצְמָם וְכָבְשׁוּ מָקוֹם אֶחָד, וַאֲפִילּוּ הוּא תּוֹךְ תְּחוּמֵי הָאָרֶץ שֶׁנִּתְּנָה לְאַבְרָהָם אָבִינוּ, אֵינוֹ נִקְרָא אֶרֶץ יִשְׂרָאֵל, וְהַמְּקוֹמוֹת שֶׁחִלֵּק יְהוֹשֻׁעַ לַשְּׁבָטִים אַף עַל פִּי שֶׁלֹּא נִכְבְּשׁוּ כֻּלָּם דִּינָן כְּדִין אֶרֶץ יִשְׂרָאֵל, כְּדֵי שֶׁלֹּא תִּהְיֶה רֻבָּהּ כְּכִבּוּשׁ יָחִיד כְּשֶׁיַּעֲלֶה כָּל שֵׁבֶט וָשֵׁבֶט וְיִכְבֹּשׁ חֶלְקוֹ. הָאָרֶץ שֶׁכָּבַשׁ דָּוִד, כְּגוֹן אֲרַם נַהֲרַיִם וַאֲרַם צוֹבָה כָּל יַד פְּרָת עַד בָּבֶל וְדַמֶּשֶׂק וְאַחְלָב וְחָרָן וְכַיּוֹצֵא בָּהֶן, אַף עַל פִּי שֶׁבִּרְשׁוּת בֵּית דִּין הַגָּדוֹל כְּבָשָׁם, אֵינָן כְּאֶרֶץ יִשְׂרָאֵל לְכָל דָּבָר, אֶלָּא יָצְאוּ מִכְּלַל חוּצָה לָאָרֶץ, וְלִכְלַל אֶרֶץ יִשְׂרָאֵל לֹא בָּאוּ, וְהֵם הַנִּקְרָאִים בְּכָל מָקוֹם סוּרְיָא, וְיֵשׁ דְּבָרִים שֶׁדִּינָם כְּאֶרֶץ יִשְׂרָאֵל, וְיֵשׁ שֶׁדִּינָם כְּחוּצָה לָאָרֶץ, כְּמוֹ שֶׁתִּמְצָא בַּגְּמָרָא בִּמְקוֹמוֹת בְּפִזּוּר. וְהַטַּעַם, מִפְּנֵי שֶׁכָּבַשׁ אוֹתָם קֹדֶם שֶׁיִּכְבֹּשׁ כָּל אֶרֶץ יִשְׂרָאֵל, שֶׁאִלּוּ תָּפַשׂ כָּל אֶרֶץ יִשְׂרָאֵל לִגְבוּלוֹתֶיהָ תְּחִלָּה וְאַחַר כָּךְ כְּבָשָׁם הָיוּ כְּאֶרֶץ יִשְׂרָאֵל בְּכָל דָּבָר. וּלְעִנְיַן תְּרוּמוֹת וּמַעַשְׂרוֹת וּשְׁבִיעִית, אָמְרוּ חֲכָמִים שֶׁיְּהוּ כְּאֶרֶץ יִשְׂרָאֵל, אֲבָל מִכָּל מָקוֹם בָּאָרֶץ הוּא הַחִיּוּב מִן הַתּוֹרָה, בִּזְמַן שֶׁיִּשְׂרָאֵל שָׁם, כְּמוֹ שֶׁאָמַרְנוּ לְדַעַת הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה, וּבְאוֹתָן מְקוֹמוֹת מִדְּרַבָּנָן בְּכָל זְמַן. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה שֶׁבְּכָל מָקוֹם שֶׁהֶחְזִיקוּ בּוֹ יִשְׂרָאֵל כְּשֶׁעָלוּ מִגָּלוּת מִצְרַיִם וְנִתְקַדֵּשׁ עַל יָדָם, מִכֵּיוָן שֶׁגָּלוּ גָּלוּת רִאשׁוֹנָה בָּטְלָה אוֹתָהּ קְדֻשָּׁה, לְפִי שֶׁלֹּא קִדְּשׁוּהָ כִּי אִם בְּכִבּוּשׁ בִּלְבַד לְשָׁעָה, אֲבָל כְּשֶׁעָלוּ שֵׁנִית מִגָּלוּת בָּבֶל עִם עֶזְרָא הַסּוֹפֵר קִדְּשׁוּהָ קְדֻשָּׁה שְׁנִיָּה לִשְׁעָתָהּ וְלֶעָתִיד לָבוֹא, כְּלוֹמַר קְדֻשָּׁה הָעוֹמֶדֶת לְעוֹלָם, אֲבָל מִכָּל מָקוֹם אֵין חִיּוּב תְּרוּמוֹת וּמַעַשְׂרוֹת מִן הַתּוֹרָה שָׁם, לְדַעַת הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה, אֶלָּא בִּזְמַן שֶׁיִּשְׂרָאֵל מְיֻשָּׁבִים שָׁם, וּכְמוֹ שֶׁכָּתַבְתִּי בְּסָמוּךְ. וּמִקְצָת מְקוֹמוֹת שֶׁהָיוּ שָׁם שֶׁהֶחְזִיקוּ בָּהֶם בַּתְּחִלָּה עוֹלֵי מִצְרַיִם וְלֹא הֶחְזִיקוּ בָּהֶן בַּשְּׁנִיָּה עוֹלֵי בָּבֶל הִנִּיחוּם וְלֹא קִדְּשׁוּם, וּמִכָּל מָקוֹם לֹא פָּטְרוּ אוֹתָם מִתְּרוּמוֹת וּמַעַשְׂרוֹת, כְּדֵי שֶׁיִּסְמְכוּ עֲלֵיהֶם עֲנִיֵּי עוֹלָם בַּשְּׁבִיעִית.
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.
נִמְצָא כָּל הָעוֹלָם כֻּלּוֹ לְעִנְיַן מִצְוֹת הַתְּלוּיוֹת בָּאָרֶץ נֶחְלָק לְשָׁלֹשׁ מַחְלָקוֹת, אֶרֶץ יִשְׂרָאֵל, וְסוּרְיָא, וְחוּצָה לָאָרֶץ. וְאֶרֶץ יִשְׂרָאֵל נֶחְלֶקֶת לִשְׁנֵי חֲלָקִים, כָּל מָקוֹם שֶׁהֶחְזִיקוּ בּוֹ עוֹלֵי בָּבֶל חֵלֶק אֶחָד, וְהַשְּׁאָר שֶׁהֶחְזִיקוּ בּוֹ עוֹלֵי מִצְרַיִם בִּלְבַד חֵלֶק שֵׁנִי. וְחוּצָה לָאָרֶץ נֶחְלֶקֶת גַּם כֵּן לִשְׁנֵי חֲלָקִים, אֶרֶץ מִצְרַיִם וְשִׁנְעָר וְעַמּוֹן וּמוֹאָב מִצְוֹת תְּרוּמוֹת וּמַעַשְׂרוֹת נוֹהֲגִין בָּהֶן מִדִּבְרֵי סוֹפְרִים, וּשְׁאָר כָּל הָאֲרָצוֹת אֵין תְּרוּמוֹת וּמַעַשְׂרוֹת נוֹהֲגוֹת בָּהֶן כְּלָל. וְאֵי זוֹ הִיא הָאָרֶץ שֶׁהֶחְזִיקוּ בָּהּ עוֹלֵי מִצְרַיִם? מֵרֶקֶם שֶׁהִיא בְּמִזְרַח אֶרֶץ יִשְׂרָאֵל עַד הַיָּם הַגָּדוֹל, וּמֵאַשְׁקְלוֹן שֶׁהִיא לִדְרוֹם אֶרֶץ יִשְׂרָאֵל עַד עַכּוֹ שֶׁהִיא בַּצָּפוֹן, וּמִי שֶׁהָיָה מְהַלֵּךְ מֵעַכּוֹ לִכְזִיב כָּל הָאָרֶץ שֶׁהִיא עַל יְמִינוֹ שֶׁהִיא בְּמִזְרַח הַדֶּרֶךְ, הֲרֵי הִיא בְּחֶזְקַת חוּצָה לָאָרֶץ, טְמֵאָה מִשּׁוּם אֶרֶץ הָעַמִּים, וּפְטוּרָה מִמַּעֲשֵׂר וּשְׁבִיעִית, עַד שֶׁיִּוָּדַע לְךָ שֶׁאוֹתוֹ מָקוֹם הוּא מֵאֶרֶץ יִשְׂרָאֵל, וְכָל הָאָרֶץ שֶׁעַל שְׂמֹאלוֹ שֶׁהוּא מַעֲרַב הַדֶּרֶךְ הֲרֵי הִיא בְּחֶזְקַת אֶרֶץ יִשְׂרָאֵל, וּטְהוֹרָה מִשּׁוּם אֶרֶץ הָעַמִּים, וְחַיֶּבֶת בְּמַעֲשֵׂר וּשְׁבִיעִית, עַד שֶׁיִּוָּדַע לְךָ שֶׁאוֹתוֹ הַמָּקוֹם הוּא חוּצָה לָאָרֶץ. וְכֹל שֶׁשּׁוֹפֵעַ וְיוֹרֵד מִטּוּרֵי אֲמָנוּם וְלִפְנִים הוּא אֶרֶץ יִשְׂרָאֵל, מִטּוּרֵי אֲמָנוּם וְלַחוּץ הוּא חוּצָה לָאָרֶץ. וְהַנִּסִּין שֶׁבַּיָּם רוֹאִים אוֹתָם כְּאִלּוּ חוּט מָתוּחַ עֲלֵיהֶם מִטּוּרֵי אֲמָנוּם וְעַד נַחַל מִצְרַיִם, מִן הַחוּט וְלִפְנִים אֶרֶץ יִשְׂרָאֵל מִן הַחוּט וְלַחוּץ חוּצָה לָאָרֶץ. וְזוֹ הִיא צוּרָתָהּ.
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.
וְהָעוֹבֵר עַל זֶה וְלֹא הוֹצִיא תְּרוּמָה מִדָּגָן תִּירוֹשׁ וְיִצְהָר שֶׁבְּאֶרֶץ בִּזְמַן שֶׁיִּשְׂרָאֵל שָׁם בִּטֵּל עֲשֵׂה זֶה, וְעָנְשׁוֹ גָּדוֹל מְאֹד שֶׁאוֹכֵל טְבָלִים, וּכְבָר כָּתַבְתִּי בְּסֵדֶר אֱמֹר אֶל הַכֹּהֲנִים (מצוה רפד) עֹנֶשׁ הָאוֹכֵל טֶבֶל, וּבִשְׁאָר פֵּרוֹת בִּטֵּל מִצְוַת עֲשֵׂה דְּרַבָּנָן, וּבְדַעַת קְצָת הַמְּפָרְשִׁים, גַּם בִּשְׁאָר פֵּרוֹת יֵשׁ בָּהֶן חִיּוּב דְּאוֹרָיְתָא, וּכְמוֹ שֶׁכָּתַבְנוּ. וּבַזְּמַן הַזֶּה גַּם כֵּן, מִי שֶׁלֹּא הִפְרִישׁ תְּרוּמָה מִפֵּרוֹת הָאָרֶץ וְכֵן מִפֵּרוֹת סוּרְיָא וְכֵן מִפֵּרוֹת אוֹתָן מְקוֹמוֹת שֶׁכָּתַבְנוּ שֶׁחַיָּבִין בַּתְּרוּמָה מִדְּרַבָּנָן, כְּגוֹן מִצְרַיִם וְשִׁנְעָר וְעַמּוֹן וּמוֹאָב בִּטֵּל עֲשֵׂה דְּרַבָּנָן. אֲבָל בְּפֵרוֹת שְׁאָר אֲרָצוֹת אֵין בָּהֶן חִיּוּב תְּרוּמוֹת לְעוֹלָם, לֹא דְּאוֹרָיְתָא וְלֹא דְּרַבָּנָן.
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.