Sukkah, Daf Lamed Heh, Part 5

 

Introduction

Demai is doubtfully tithed produce, meaning it was purchased from someone who was assumed to not have tithed it (an am haaretz). In the mishnah Bet Shammai does not allow one to use a demai etrog and Bet Hillel does. Our mishnah explains the reason that lies behind this debate.

 

ושל דמאי מאי טעמייהו דבית הלל? כיון דאי בעי מפקר להו לנכסיה, והוי עני וחזי ליה – השתא נמי לכם קרינא ביה.

 

If it was demai. What is the reason of Beth Hillel? Because, if he wishes, he may declare his property to be ownerless and thereby become a poor person and he could benefit [from demai]– now also we apply to it the expression "of yours."

 

According to the Talmud a poor person can eat demai without separating tithes. This is because the rule that one has to take tithes out of demai is just a stringency. For a poor person, the rabbis were willing to be lenient, at least according to Bet Hillel. For an etrog to be usable in the lulav, it must be one that a person is allowed to eat. Since a person could always become poor by giving away all of his stuff, in a sense anybody could eat demai. It is his, fulfilling the midrash that states that one must own his lulav. Therefore, Bet Hillel allows the use of a demai etrog.

 

דתנן: מאכילין את העניים דמאי ואת אכסניא דמאי. ובית שמאי: עני לא אכיל דמאי, דתנן: (אין) מאכילין העניים דמאי ואת האכסנאים דמאי. ואמר רב הונא: תנא, בית שמאי אומרים: אין מאכילין את העניים ואת האכסנאים דמאי, ובית הלל אומרים: מאכילים את העניים דמאי ואת האכסנאים דמאי.

 

For we have learned: Poor men and quartered troops may be fed with demai.

And Bet Shammai: a poor man may not eat demai; as we have learned, Poor men and quartered troops may eat demai and R. Huna said: A tanna taught: Bet Shammai say that poor men and quartered troops may not be fed with demai, while Bet Hillel say that poor men and quartered troops may be fed with demai.

 

In these sources we see that Bet Shammai holds that no one can eat demai, not even poor people or troops that one is forced to quarter. Bet Hillel is more lenient in both cases. Poor people need not tithe demai, and Jews being forced to quarter soldiers may feed them demai. Bet Hillel holds that since the obligation to tithe demai is only a stringency, it may be waived.