(Mishnah): One who received a field from a Yisrael (as a sharecropper - he takes a certain proportion of the crop that he produces and gives the rest to the field owner - this is know as Kablanus), from a gentile or from a Kusi, he may divide the owner's portion before him (without first tithing it).

One who received a field from a Jew as a Choker (a type of sharecropping where he gives a fixed amount per year to the owner, rather than a percentage), he should separate Terumah (but not Maaser) from the owner's portion before he gives it.

(R. Yehuda): When is this? When he pays (the owner with produce) from that same field and that same species; but if he pays from another field or from another species, he must also separate Maaser. (Since it's like paying a debt, he should not pay with Tevel.)

One who received a field from a gentile in Chakirus, he should (even) separate Maaser before he gives the gentile his portion.

(R. Yehuda): This applies even if a person receives (for sharecropping) his own ancestral land from a gentile.

(Gemara) (R. Yochanan): This (that the Mishnah taught that if he received a field, he divides out their portion before tithing) applies according to Rabban Shimon ben Gamliel; but according to Chachamim, if he received it from a Jew, he may divide it out, but if from a gentile, he must first separate Terumah.

Support (Baraisa): One who receives a field from a gentile in Chakirus, he must separate Terumah and then give (the gentile his portion).

(Rabban Shimon ben Gamliel): But if this gentile would want to refrain from tithing, wouldn't he be able to do so? Rather, he may divide it out in front of him (even without tithing).

(R. Zeira/ R. Yochanan citing R. Yannai): The pasuk states (Bamidbar 18:28), "...so you shall also separate Terumah' - this includes your messenger. Just as you are Jewish, so your messenger must be Jewish. (Also) you can appoint a messenger, but a gentile cannot appoint a messenger.

Suggestion (R. Yasa): A gentile cannot appoint his friend (another gentile) a messenger - but he can appoint a Jew as a messenger.

Question (R. Zeira): From (that pasuk itself, this is disproven) - You can appoint a messenger (but a gentile cannot). Aren't we dealing with a Jew(ish messenger)? So it's teaching about a gentile that he cannot appoint even a Jewish messenger...?

Question (Rav Hoshiya): The earlier Baraisa supports R. Yasa (see above (g)1.) - Rabban Shimon ben Gamliel says - But if this gentile would want to refrain from tithing, wouldn't he be able to do so? (This implies that the Rabbanan, who disagree with Rabban Shimon, say that a gentile could appoint a Jew to separate for him)...?

Rebuttal (R. Ba): It is when the gentile comes and agrees to the separation (so it is as if the gentile separated it himself).

A Choker (see above 1(b)) gives a fixed amount of produce; a Socher gives a fixed payment. A 'Mekabel' (Kablanus) gives a certain proportion of the produce - a half, a third or a quarter.

Question: Until now, we have been discussing the Mishnah's case of a sharecropper receiving land from gentile. What about the case of receiving it from a Kusi? (The Mishnah (above, Menachos 2-1(b)&(d)) differentiated between receiving it from a Jew or a gentile for Chakirus. To which case does a Kusi compare?)

Answer (Tosefta): If a Jew gives his field B'Kablanus (see above Menachos 2-1(a)) to a gentile or a Kusi, even though he gave them the field before the obligation of Maaseros came, he must tithe for their portion. But if he gave it to a Jew who is not trusted for Maaseros, if he gave it before the obligation of Maaseros came, he's not required to tithe for them; if after the obligation came, he must tithe for them.

Question: Until now, we have been discussing a place where Jews are to be found (and he nevertheless wrongly gave his field to a gentile or a Kusi instead of a Jew, so he deserves to be penalized); what about a place where there aren't Jews?

Answer: R. Simon owned fields in Har HeMelech (where there weren't Jews). He asked R. Yochanan (whether there is a penalty for sharecropping to a gentile or Kusi). R. Yochanan replied that he must leave the land fallow rather than give it to a gentile sharecropper. He then asked R. Yehoshua ben Levi, who permitted it, since there were no Jews present to receive them - just as it is permitted in Suria for the same reason. The source for permitting it in Suria is the following story...

R. Chaggai went to Chamatz (in Suria). Members of the Ashtor family asked him, "Since there aren't Jews here so we gave our lands to gentile sharecroppers, do we need to tithe their produce?'' He sent a message to R. Zeira with this question. R. Zeira asked R. Imi, who answered that they aren't required to tithe, since R. Imi ruled like R. Yosi (in Maseches Avodah Zara, who permits giving land in Suria to gentile sharecroppers).

Further proof that we rule like R. Yosi - R. Chanina son of R. Abahu said that his father once had this question and he sent it to R. Chiya, to R. Yasa and to R. Imi. They instructed him that he may give it to the gentile sharecroppers, like the ruling of R. Yosi.