Rabbi Akiva Moves the Garden Gate

Rebbe Elazar ben Azariah was of the opinion that Ma’aser Rishon was not meant exclusively for (non-kohen) Levi’im but could be given to anyone from Shevet Levi, including kohanim as well. He followed his own ruling and regularly frequented a certain garden whose owner would give him Ma’aser Rishon, although he was a kohen.

Rebbe Akiva disagreed and ruled that from a biblical perspective, only Levi’im should receive Ma’aser. Further, during the days of Ezra, Levi’im were penalized; it was decreed that from then on, Ma’aser Rishon should be given to the poor. Rebbe Akiva served as gabbai tzedakah and used Ma’aser Rishon to feed the poor that were under his care. Therefore, he was pained by the fact that, in his opinion, Rebbe Elazar ben Azariah wrongly took Ma’aser Rishon for himself. That food could have been used to feed the poor. Rebbe Elazar ben Azariah was wealthy, and Rebbe Akiva would not have given him any Ma’aser Rishon.

Rebbe Akiva encouraged the owner of the garden to make some modifications. He suggested that he close up the current garden entrance and instead open an entrance on another side. The farmer followed this seemingly innocuous suggestion. Soon after, Rebbe Elazar ben Azariah returned to the garden to receive Ma’aser Rishon. To his dismay, he discovered the change. The only way to reach the new entrance to the garden was through a cemetery. Being a kohen, there was no way that Rebbe Elazar ben Azariah could access the garden. He therefore relinquished any claim to the Ma’aser Rishon and allowed Rebbe Akiva to distribute it to the poor.