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BIKURIM PEREK 2

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Mishnah 1

1)
(a) The Mishnah lists the things that Terumah and Bikurim have in common (see Tos. R. Akiva Eiger DH 'Harei'). A Zar who eats either of them ...
1. ... be'Meizid - is Chayav Misah bi'Yedei Shamayim (see Tos. R. Akiva Eiger).
2. ... be'Shogeg - has to pay the Kohen an extra fifth (see Tiferes Yisrael).
(b) Having said that a Zar is Chayav Misah, we can only justify the Tana's next statement 'va'Asurim le'Zarim' according to R. Yochanan - who says (in Yoma) that 'Chatzi Shi'ur Asur min ha'Torah (see also Tos. Yom-Tov Chalah 1:8).
(c) When the Tana says 've'Heim Nechsei Kohen' he means - that the Kohen may sell it to another Kohen and purchase with the proceeds whatever he pleases, even Avadim, land and non-Kasher animals (see also Perek 3, Mishnah 12).
(d) In order to become Batel - they must fall into a hundred times as much Chulin.

2)
(a) Before eating them ...
1. ... a Tahor Kohen - must wash his hands (even before touching them).
2. ... a Tamei Kohen - must Tovel and wait for nightfall.
(b) We learn from the Pasuk in Emor ...
1. ... "u'Umeisu Bo ki Yechaleluhu" - that a Zar who eats Terumah is Chayav Misah bi'Yedei Shamayim.
2. ... "u'Va ha'Shemesh ve'Taher, ve'Achar Yochal min ha'Kodshim" (see Tos. Yom-Tov) - that, after Tevilah, a Tamei Kohen must wait until nightfall until he eating it.
(c) The source for the Din that Terumah requires washing the hands is - that S'tam hands have a Din of a Sheni le'Tum'ah and disqualify Terumah.
(d) We know that all these Dinim pertain to Bikurim too - since the Torah refers to Bikurim as Terumah ("u'Terumas Yadecha").

3)
(a) When the Tana says that all these Dinim pertain to Terumah and Bikurim, he is coming to preclude - Ma'aser Sheni, which is not subject to any of them (see Tos. R. Akiva Eiger).
(b) With Ma'aser-Sheni money - one is permitted to purchase only food that can be eaten in Yerushalayim (preferably animals to bring as Korbanos).
(c) In order to become Batel - it must fall into a majority of Chulin (provided it will not become permitted automatically, as we will see later in the Perek).
(d) Someone who is Tamei eat Ma'aser-Sheni - from the moment he Tovels.

Mishnah 2

4)
(a) The Mishnah now lists the things that Ma'aser Sheni and Bikurim have in common, but not Terumah. Both ... What do they share with regard to ...
1. ... must be eaten in Yerushalayim.
2. ... require Viduy ('confession' as the Torah dictates in ki-Savo').
(b) According to the Tana Kama, their respective owners are not permitted to eat them - when they are Onenim (on the day one of their close relatives dies [see Tiferes Yisrael]).
(c) We know that Bikurim too, must be taken to Yerushalayim from the Pasuk "va'Haveisem Shamah ... u'Terumas Yedchem" (which refers directly to Bikurim). The source for Viduy with regard to ...
1. ... Ma'aser Sheni is - from the Pasuk in ki-Savo "ve'Amarta ... Bi'arti ha'Kodesh min ha'Bayis".
2. ... Bikurim is - from the Pasuk there "ve'Anisa ve'Amarta ... Arami Oved Avi".
(d) Terumah is indeed included in the Parshah of Viduy (as Chazal derive from "ve'Gam Nesativ la'Levi" [ki Savo]) - but only together with them, and not on its own.

5)
(a) The Tana Kama learns from the Pasuk in ki Savo ...
1. ... "Lo Achalti ve'Oni Mimenu" - that an Onan cannot eat Ma'aser Sheni.
2. ... "ve'Samachta be'Chol ha'Tov" - that he cannot eat Bikurim either (see Tos. R. Akiva Eiger).
(b) The Torah in ki-Savo specifically subjects Ma'aser Sheni to Biy'ur (in the fourth and eighth [first] years) from the Pasuk "Bi'arti ha'Kodesh min ha'Bayis", and he inporporates Bikurim in - the word "ha'Kodesh".
(c) R. Shimon disagree with the Tana Kama both with regard to the Din of Onan and with the Din of Biy'ur - because Bikurim is compared to Terumah (as we learned in the previous Mishnah).

6)
(a) Both Ma'aser Sheni and Bikurim ...
1. ... do not become Bateil in Yerushalayim (either because it is is a Davar she'be'Minyan or Miyn be'Miyno (see Tos. Yom-Yov and Tiferes Yisrael).
2. ... such a mixture that one planted in Yerushalayim - remain Asur to be eaten outside Yerushalayim, even by Zarim (Bikurim) and animals (Ma'aser Sheni [see Tos. Yom-Tov and Tiferes Yisrael]).
(b) R. Shimon - considers the latter Chulin.
(c) The Halachah is like the Chachamim throughout the Mishnah.
(d) All the above - do not pertain to Terumah (see Tos. R. Akiva Eiger).

Mishnah 3

7)
(a) The Mishnah now lists the things that Terumah and Ma'aser Sheni have in common. When the Tana says that they 'forbid the granary', (whereas Bikurim does not), he means - that until one has separated them, the rest of the produce is Tevel, and Asur even to Kohanim.
(b) They also have a Shi'ur, whereas Bikurim does not (see Tos. Yom-Tov). The Shi'ur of Ma'aser Sheni is a tenth, whereas that of Terumah - is a fiftieth ('T'rei me'Me'ah' [see also Tiferes Yisrael], though it is only mi'de'Rabbanan).
(c) Bikurim applies to the 'seven species' - Terumah and Ma'aser Sheni, to all crops that grow from the ground (mi'de'Rabbanan).

8)
(a) The difference between Terumah and Ma'aser Sheni on the one hand, and Bikurim on the other, is - that the former applies even when the Beis ha'Mikdash is not standing (see Tos. Yom-Tov), whereas the latter does not.
(b) The source that Bikurim is restricted to when the Beis-Hamikdash is standing is - the Pasuk "ve'Hinicho Lifnei Mizbach Elokecha".
(c) 'Arisin, Chakirin and Gazlanin', says the Tana - are all subject to Terumah and Ma'aser Sheni, but not to Bikurim ...
(d) ... as we learn from the Pasuk in Ki-Savo "Bikurei Admascha" (which precludes fruit that grows in land that one does not fully own from Bikurim.

Mishnah 4

9)
(a) The Tana now lists seven Halachos that are peculiar to Bikurim alone (and not to Terumah and Ma'aser Sheni). The first and second of these we learn from the Pasuk "Bikurei Kol Asher be'Artzam" and "Bikurei Kol" and "me'Reishis Kol" respectively. We learn from ...
1. ... "Bikurei Kol Asher be'Artzam" - that even fruit that is still attached to the tree is subject to Bikurim.
2. ... "Bikurei Kol" and "me'Reishis Kol" - that one is permitted to declare all the fruit in his field Bikurim (see Tos. Yom-Tov).
(b) The third peculiarity pertaining to Bikurim is the fact that one remains responsible for them until they reach the Azarah, as we learnt in the previous Perek. Of the remaining four, two of them are that they require both Korban and Shir. The final two are - that they require Tenufah (waving) and Linah (staying in Yeeushalayim overnight).
(c) We learn from the 'Gezeirah-Shavah' ...
1. ... "ve'Samachta be'Chol ha'Tov" and "ve'Zavachta Shelamim ... ve'Samachta" (also in Ki-Savo, in connection with Har Gerizim and Har Eival) - that Bikurim require a Korban Shelamim.
2. ... "be'Chol ha'Tov" and "ke'Shir Agavim Yafeh Kol u'Meitiv Nagein" - that they require Shir.
3. ... "ve'Lakach ha'Kohen ha'Tene mi'Yadecha" and "*Yadav* Tevi'enah es Ishei Hash-m" (in Tzav, in connection with the Korban Shelamim) - that Bikurim require Tenufah.
(d) And what do we learn from the Pasuk in Re'ei "u'Fanisa ba'Boker ve'Halachta le'Ohalecha" that they require Linah (see Tos. Yom-Tov).

Mishnah 5

10)
(a) Now the Tana discusses Terumas Ma'aser. The Chachamim forbid separating Terumah min ha'Tahor al ha'Tamei - because they were afraid that one would deliberately keep them apart, thereby contravening the Chiyuv of min ha'Mukaf (that all the Tevel that is being covered by one's Maasros should be close together).
(b) This explains why we compare Terumas Ma'aser to Bikurim (which one may separate min ha'Tahor al ha'Tamei) rather than to Terumah - since min ha'Mukaf does not apply to either of them (see Tos. Yom-Tov, Tiferes Yisrael and Tos. R. Akiva Eiger).
(c) On the other hand, we compare it to Terumah in two regards, one of them that it forbids the granary, the other - that it has a Shi'ur like Terumah.

Mishnah 6

11)
(a) Esrog-trees (Halachcally) resemble other fruit-trees in three ways - and vegetables in only one.
(b) Besides being subject to Orlah and Neta Revai, they resemble fruit-trees regarding - Shevi'is (see Tos. Yom-Tov).
(c) The stage of growth that therefore determine these three Halachos is - the Chanatah (when the buds turn into a fruit [see Tos. Yom-Tov DH 'le'Orlah']).

12)
(a) Esrog-trees resemble vegetables in the area of - Ma'asros (see Tos. Yom-Tov).
(b) Consequently - it is the picking that will determine all the Dinim connected with Ma'asros (see Tiferes Yisrael).
(c) According to Rebbi Eliezer - Esrog-trees resemble other trees in all regards.

Mishnah 7

13)
(a) The Tana now discusses Dam Mehalchei Sh'tayim - with reference to human blood (see Tos. Yom-Tov).
(b) From Dam ...
1. ... Behemah the Tana learns - that it is Machshir (detached) seeds and fruit (renders them ready to receive Tum'ah), and from Dam ...
2. ... Dam ha'Sheretz - that one does not transgress a La'av for 'eating' blood.
(c) He learn from the Pasuk in Re'ei "al ha'Aretz Tishpechenu ka'Mayim" - that the blood of an animal is Machshir Lekabel Tum'ah (like water).
(d) Someone who eats Dam Sheretz will nevertheless be subject to Malkos - if the witnesses warn him not to eat 'Sheretz'.

Mishnah 8

14)
(a) The Tana now discusses a Coy, which, besides being an independent species - might also be either what is known as a wild ram, or a cross between a he-goat and a doe (a female deer [see Tos. Yom-Tov]).
(b) In fact - the Chachamim were not sure whether it is a Behemah or a Chayah.

Mishnah 9

15)
(a) If someone Shechts one of the possible Coys - he will ...
1. ... be Chayav Kisuy ha'Dam (because it may be a Chayah), but without a B'rachah (because it may be a Behemah).
2. ... be forbidden to perform Kisuy ha'Dam with it, should he Shecht it on Yom-Tov, which he ought not to have done Lechatchilah (see Tos. Yom-Tov) ...
(b) ... precisely because (due to the fact that the ashes for the Mitzvah may well be prepared for a Vaday Chiyuv, but not for a Safek) one cannot perform Kisuy ha'Dam on the blood.

16)
(a) We learn from the Pasuk in Tzav (in connection with the Cheilev of a Behemah) "ve'Cheilev Neveilah ... Ye'aseh le'Chol Melachah" - that the Cheilev of a Kasher Behemah (but not of a Kasher Chayah) is Tahor.
(b) Someone who eats the Cheilev of the Neveilah of a Coy - will have the status of Safek Tamei.
(c) In spite of the Pasuk in Ki-Sisa "u'Peter Chamor Tifdeh be'Seh" - one may not redeem a firstborn donkey with a Coy (since it may be a Chayah [see Tos. Yom-Tov).

Mishnah 10

17)
(a) In spite of the fact that the Cheilev of a Chayah is permitted, one may not eat the Cheilev of a Coy - since it might be a Behemah.
(b) And someone who does so is not subject to Kares (see also Tiferes Yisrael) - because it might just as well be a Chayah.

18)
(a) One may not purchase a Coy with Ma'aser-Sheni money to eat in Yerushalayim - since it may be a Behemah, and one is only permitted to purchase a Behemah with Ma'aser Sheni money to bring as a Shelamim (see Tos. Yom-Tov).
(b) According to R. Eliezer, a Coy is not subject to Matanos (Zero'a, Lechayayim ve'Keivah) - since it may be a Chayah, which is Patur from Matanos, in which the owner can say to the Kohen 'prove that it is a Behemah and I will pay you'.
(c) The Chachamim say that the Pasuk in Shoftim (in connection with Matanos) "Im Shor Im Seh" - comes to incorporate a Coy in the Din of Matanos.
(d) The Halachah is like R. Eliezer (see Tos. Yom-Tov).

Mishnah 11

19)
(a) The Mishnah rules that ...
1. ... one may not breed a Coy either with a Chayah or with ...
2. ... a Behemah.
3. ... if someone (who owned a Coy) bequeaths his son (see Tifefes Yisrael) his Behemah and his Chayah - he includes Vaday Behemos and Vaday Chayos, but not animals that are a Safek.
(b) The Rambam explains the words 'Chayaso u'Behemto' to mean - either his Chayah or his Behemah.
(c) ... in which case it appears - that if he specifically wrote both, then his son would indeed acquire them.
(d) And in a case where somebody points to a Coy and declares that he will be a Nazir if it is a. a Chayah, b. a Behemah, the Tana rules - that he is a Nazir, on account of the principle 'Safek Isur Lehachmir'.
(e) And the same will apply if he makes the same declaration - but on condition that the animal is either both a Behemah and a Chayah, or neither of them.

20)
(a) In all other regards a Coy has the joint Dinim of a Behemah and a Chayah. This statement affects - three areas of Halachah (see Tos. Yom-Tov).
(b) Besides the fact that it requires Shechitah - it is also Metamei because of Neveilah in the event of its death and it is subject to Eiver min ha'Chai in its lifetime (see Tiferes Yisrael.

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