Ki Tavo 1st-2nd Portions

Firstfruits and Tithes

1 When you have entered the land the Lord your God is giving you as an inheritance and have taken possession of it and settled in it [the commandment of bringing the firstfruits did not obtain until they had conquered and apportioned the land],

Kiddushin 37b:6

And the other tanna of the school of Rabbi Yishmael, cited in the dispute with Rabbi Akiva, would say that this is no proof, because there is not only the case of a king but also the commandment of first fruits, where the verse also uses the terms of coming, inheriting, and dwelling (see Deu 26:1). Consequently, these are two verses that come as one, i.e., to teach the same matter. And any two verses that come as one do not teach a precedent that applies to other cases.

Rashi’s Commentary

When you have entered . . . and you possess it and settle in it—This tells us that they (the Israelites) were not under the obligation to bring first fruits until they had conquered the land and divided it (cf. Kiddushin 37b).

2 take some of the firstfruits [tying a band around the first fruit to ripen and designating it as the firstfruit] of all that you produce from the soil [the seven distinctive species of the land of Israel] of the land the Lord your God is giving you and put them in a basket. Then go to the place the Lord your God will choose as a dwelling for his Name

Sifrei Devarim 298:1

And put (them) in a basket—We are hereby apprised that they require (being handed to the priest in) a vessel.

3 and say to the priest [that you are not remiss in gratitude] in office at the time [whoever he may be], “I declare today [Firstfruits are offered once a year, not twice] to the Lord your God that I have come to the land the Lord swore to our ancestors to give us.”

Rashi’s Commentary

And say to the priest that you are not ungrateful (Sifrei Devarim 299:1).

In office at the time—These apparently redundant words suggest: you have none else than the priest who lives in your time (you are only concerned with him) (cf. Sifrei Devarim 298:3; Rosh Hashanah 25b; see also Rashi on Deu 17:9).

I declare today—The expression “today” implies that the declaration is made one once a year, but not twice a year even when bringing from a different fruit or crop (Sifrei Devarim 299:2).

Sifrei Devarim 299:1

And say to the priest—That you are not ungrateful for (his) good.

4 The priest shall take the basket from your hands [to wave it (the priest places his hand under that of the owner and waves it)] and set it down in front of the altar of the Lord your God.

Rashi’s Commentary

The priest shall take the basket from your hands in order to wave it. The priest places his hand beneath the hands of the owner and so waves it (Sukkah 47b).

Sifrei Devarim 300:1

The priest shall take the basket from your hands—From here it was ruled: The rich bring (the firstfruits) in baskets of silver and gold, and the poor, in wicker baskets of peeled willow, and the baskets are given to the priests in order to favor the poor.

Sukkah 47b:6

Rabbi Yehuda holds that first fruits require waving, as it was taught in a baraita: Rabbi Yehuda says that it is stated with regard to first fruits: “And you shall place the basket before the Lord your God,” (Deu 26:10), and this is referring to waving before the altar the basket containing the firstfruits. Do you say that this is referring to waving, or perhaps it is referring only to actually setting it down adjacent to the altar? When the Law says: “The priest shall take the basket from your hands and set it down in front of the altar of the Lord your God” (Deu 26:4), setting it down is already stated. How, then, do I establish the meaning of the verse: “And you shall place?” This is referring to waving.

Sukkah 47b:7

The Gemara asks: And perhaps the baraita that requires one to stay overnight when bringing first fruits to Jerusalem is not in accordance with Rabbi Yehuda’s opinion. Rather, it is in accordance with the opinion of Rabbi Eliezer ben Ya’akov, who also holds that first fruits require waving. As it was taught in a baraita that it is written: “The priest shall take the basket from your hands” (Deu 26:4), which taught concerning first fruits that they require waving. This is the statement of Rabbi Eliezer ben Ya’akov.

5 Then you shall declare before the Lord your God: “My father was a wandering Aramean [an Aramean (Laban) destroyed my father (Laban intended to root out the entire nation in pursuing Jacob, and the evil intent of the gentiles is accounted as the act)], and [after Laban, others sought to destroy us; for after this] he went down into Egypt with a few people [seventy souls] and lived there and became a great nation, powerful and numerous.

Rashi’s Commentary

Then you shall declare—Heb. וְעָנִית is an expression for raising one’s voice (speaking loudly) (Sotah 32b).

My father was a wandering Aramean—He mentions the loving kindness of the Omnipresent saying, an Aramean destroyed my father, which means: “Laban wished to exterminate the whole nation” (cf. the Haggadah for Passover) when he pursued Jacob. Because he intended to do it the Omnipresent accounted it unto him as though he had actually done it, for as far as the nations of the world are concerned the Holy One, blessed be he, accounts unto them intention as an actual deed (cf. Onkelos; Sifrei Devarim 301:3).

Who then went down into Egypt—And apart from Laban, still others came against us to destroy us (cf. the Passover Haggadah), for afterwards Jacob went down into Egypt with his children and these were enslaved there.

With a few people—With only seventy souls (Onkelos; Sifrei Devarim 301:4).

Sotah 32b:10

That one should say his praise in a soft voice is derived from the portion of the declaration of tithes, where one declares that he has acted appropriately, and the verse does not state: Then you shall declare. That one should say that which is to his discredit in a loud voice is derived from the recitation of the first fruits, concerning which the verse states: “Then you shall declare” (Deu 26:5), i.e., it should be recited loudly. The portion recited when bringing the first fruits details the hardships that the Jewish people suffered and denigrates Laban the Aramean, who is a progenitor of the Jewish people.

6 But the Egyptians mistreated us and made us suffer, subjecting us to harsh labor.

7 Then we cried out to the Lord, the God of our ancestors, and the Lord heard our voice and saw our misery, toil and oppression.

8 So the Lord brought us out of Egypt with a mighty hand and an outstretched arm, with great terror and with signs and wonders.

9 He brought us to this place [the Temple] and gave us this land, a land flowing with milk and honey;

Rashi’s Commentary

To this place—This refers to the Temple where the worshiper was standing when he made this declaration.

And gave us this land means what it literally implies.

10 and now I bring the firstfruits of the soil that you, Lord, have given me.” Place the basket before the Lord your God [the bearer having taken it after the priest’s waving and having held it in his hand during his declaration, after which it was again waved] and bow down before him.

Rashi’s Commentary

Place—This tells us that he takes it after the priest has waved it, and holds it in his hand whilst he makes the declaration, and then again waves it (Sukkah 47b; cf. Sifrei Devarim 301:33).

Sukkah 47b:6

Rabbi Yehuda holds that first fruits require waving, as it was taught in a baraita: Rabbi Yehuda says that it is stated with regard to first fruits: “And you shall place the basket before the Lord your God,” (Deu 26:10), and this is referring to waving before the altar the basket containing the firstfruits. Do you say that this is referring to waving, or perhaps it is referring only to actually setting it down adjacent to the altar? When the Law says: “The priest shall take the basket from your hands and set it down in front of the altar of the Lord your God” (Deu 26:4), setting it down is already stated. How, then, do I establish the meaning of the verse: “And you shall place?” This is referring to waving.

11 Then you and the Levites [from what was planted in their cities] and the foreigners residing among you [he brings the first fruits, but does not recite the declaration, (“to our fathers” (3), not applying in this instance] shall rejoice in all the good things the Lord your God has given to you and your household [the first fruits declaration is recited only in a time of rejoicing—from Pentecost until the Feast of Tabernacles—when one gathers his grain, his fruits, his wine and his oil. From Tabernacles on, he brings the first fruits but does not recite the declaration].

Pesachim 36b:11

The Gemara asks: And Rabbi Shimon, although he does not accept this juxtaposition of first fruits and second tithe, in any case the word joy is written with regard to first fruits, as it is written: “And . . . you shall rejoice in all the good things the Lord has given . . . you and your household” (Deu 26:11). In light of this, how can Rabbi Shimon permit an acute mourner to eat first fruits?

Rashi’s Commentary

You . . . the Levites—The Levites are also bound to bring the first fruits to the priest if they planted anything in the fields attached to their cities.

And the foreigners residing among you—He, too, brings the first fruits to the priest but does not make the recital, for he cannot truly say, as is prescribed, “I have come to the land the Lord swore to our ancestors” (v. 3) since his ancestors were not Israelites (cf. Mishnah Bikkurim 1:4; Sifrei Devarim 301:37; Talmud Yerushalmi Maaser sheni 5:5).

And . . . you shall rejoice in all the good—From this they (the Rabbis) derived the law that the recital on the occasion of bringing the first fruits is made only during the joyful period of the year—from Pentecost till the Feast of Tabernacles—when a man is gathering in his grain, his fruits, his wine and his oil; but from Tabernacles onwards if he brings these, he does not make the recital (Pesachim 36b).

Sifrei Devarim 297:11

I might think that you recite (the first fruits formula) whenever you bring them; it is, therefore, written (Deu 26:11) And . . . you shall rejoice—There is recitation only at the time of rejoicing, which implies: From Pentecost until the Feast of Tabernacles, one brings and recites; from Tabernacles on, one brings but does not recite. R. Yehudah b. Betheira says: He brings and recites.

12 When you have finished setting aside a tenth [by Passover of the fourth year] of all your produce in the third year, the year of the tithe [i.e., when there obtains only one tithe (the first tithe) of the two tithes (the first tithe and the second tithe) of the two preceding years (the poor tithe replacing the second tithe in the third year)], you shall give it [the first tithe] to the Levite, [the poor tithe] the foreigner, the fatherless and the widow, so that they may eat in your towns and be satisfied [give them enough for “satiety”].

Rashi’s Commentary

So that they may eat . . . and be satisfied—Give them sufficient to satisfy them. From here they (the Rabbis) derived the law: one must give the poor in the barn no less than half a kav of wheat or a kav of barley (Sifrei Devarim 303:2; Talmud Yerushalmi Peah 8:5; see also Rashi on Deu 14:29).

Sifrei Devarim 303:1

Then you shall give to the Levite, the foreigner, the fatherless and the widow—Give each one his (specific) share.

13 Then say to the Lord your God [declare that you have given your tithes]: “I have removed from my house [if he delayed bringing his tithes of the first two years to Jerusalem, he must do so now] the sacred portion [the second tithe and the fruit yielded by a tree in its fourth year of growth (see Lev 19:24; 27:30)] and have [the part given to the priest and the firstfruits are hereby included] given it [the first tithe] to the Levite, [the tithe for the poor] the foreigner, the fatherless and the widow, according to all you commanded [I gave all of the tithes in their proper order]. I have not turned aside from your commands [I did not tithe from one species for another or from the new for the old] nor have I forgotten any of them [to bless you at the tithing].

Berakhot 35b:11

Along these lines, Rabba bar bar Ḥana said that Rabbi Yoḥanan said in the name of Rabbi Yehuda, son of Rabbi El’ai: Come and see that the latter generations are not like the earlier generations. In the earlier generations, people would bring their fruits into their courtyards through the main gate in order to obligate them in tithes. However, the latter generations bring their fruits through roofs, through courtyards and through enclosed courtyards, avoiding the main gate in order to exempt them from the commandment of tithing. As Rabbi Yannai said: Untithed produce is not obligated in the commandment of tithing until it sees the front of the house through which people enter and exit, and it is brought into the house that way as it is stated in the formula of the confession of the tithes: “I have removed from my house the sacred” (Deu 26:13), as the obligation to tithe produce whose purpose has not yet been designated takes effect only when it is brought into the house.

Berakhot 40b:10

The Gemara considers the matter of Rav’s opinion itself and cites the fundamental dispute in that regard. Rav said: Any blessing that does not contain mention of God’s name is not considered a blessing. And Rabbi Yoḥanan said: Any blessing that does not contain mention of God’s sovereignty is not considered a blessing. Abaye said: It stands to reason in accordance with the opinion of Rav, as it was taught in a Tosefta: In the confession of the tithes, one recites, “I did not transgress your commands nor have I forgotten” (Deu 26:13). The meaning of phrase, I did not transgress, is that I did not refrain from blessing you when separating tithes; and the meaning of the phrase, nor have I forgotten, is that nor have I forgotten to mention your name in the blessing recited over it. However, this baraita did not teach that one must mention God’s sovereignty in the blessing.

Rashi’s Commentary

Then say to the Lord your God—Make the declaration (lit., confess) that you have given your tithes (Sifrei Devarim 303:5).

And have—The redundant word “and have” serves also to include “the part given to the priest” and the first-fruits which are also given to the priests (Mishnah Maaser Sheni 5:10; Sifrei Devarim 303:7).

And have given it to the Levite—This refers to the “First Tithe.”

The foreigner, the fatherless and the widow—This refers to the “Tithe of the Poor” (Sifrei Devarim 303:8).

I have not turned aside from your commands—i.e. I have not set apart as a sacred gift grain from one species as a substitute for what was due from another species, nor have I separated grain from the new crop as a substitute for what was due from the old one (Sifrei Devarim 303:13; cf. Mishnah Maaser Sheni 5:11).

Nor have I forgotten—i.e. forgotten to bless you on the occasion of setting the tithes apart (Mishnah Maaser Sheni 5:11; Sifrei Devarim 303:14; cf. Berachot 40b).

14 I have not eaten any of the sacred portion while I was in mourning [it being forbidden to a mourner], nor have I removed any of it while I was unclean [whether I were unclean, and it (the tithe) clean; or, I, clean, and it, unclean], nor have I offered any of it to the dead [for the making of casket and shrouds]. I have obeyed the Lord my God [I have brought it to the Temple]; I have done everything you commanded me [I rejoiced, and I rejoiced others therewith].

Rashi’s Commentary

I have not eaten any of the sacred portion while I was in mourning—From here we may derive that it (partaking of the sacred portion) is forbidden to an אוֹנָן (a technical term for the near relatives of a deceased, from the period of death to burial) (cf. Mishnah Bikkurim 2:2; Sifrei Devarim 303:15).

Nor have I used any of it for the dead to prepare for it a coffin and shrouds (Mishnah Maaser Sheni 5:12).

I . . . obeyed the Lord my God—i.e. I have brought it into the Chosen House (Temple) (Mishnah Maaser Sheni 5:12).

I have done everything you have commanded me—I have myself rejoiced and made others rejoice by it (Mishnah Maaser Sheni 5:12; Sifrei Devarim 303:18).

15 Look down from heaven, your holy dwelling place, and bless your people Israel and the land you have given us [we have done (with respect to the tithes) what you decreed upon us—you do what you have promised us (viz. Lev 26:3-4)]—as you promised on oath to our ancestors, a land flowing with milk and honey” [and you fulfilled what you promised them].

Mishnah Maaser Sheni 5:13

Gaze from heaven, your holy dwelling place—We have done what you decreed upon us, so too you do what you promised us, to

Gaze from heaven, your holy dwelling place, and bless your nation Israel with sons and daughters.

And the land that you have given us bless with dew and rain and the offspring of cattle.

As you have sworn to our forefathers, a land flowing with milk and honey so that you will give taste to the fruit.

Rashi’s Commentary

You have given us as you promised on oath to our ancestors, to give it to us, and indeed you have kept your promise, giving us a land flowing with milk and honey.