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of Kollel Iyun Hadaf, Yerushalayim
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MA'ASROS PEREK 2

Questions

Mishnah 1

1)
(a) The Mishnah permits one to eat Arai (casually [Tos. R. Akiva Eiger]), fruit that one receives as a gift from an Am-ha'Aretz in the market - because it seems that the fruit did not 'see the entrance of his house', in which case it is not subject to Ma'asros ...
(b) ... nor do we apply the Halachah that a sale fixes fruit for Ma'asros - because we are speaking (not about a sale, but) about a gift, which does not.
(c) The moment however, that one takes the fruit into one's house - it adopts the Din of Vadai Tevel, and needs to be Ma'asered.

2)
(a) In a case where the Am ha'Aretz tells the Chaver to take the fruit home - we assume that the Am ha'Aretz brought it to a Chiyuv Ma'aser (see Tiferes Yisrael).
(b) Consequently, when he arrives home with it - it has the Din of Demai, and must be Ma'asered mi'Safek ...
(c) ... which means in practical terms - that he must give Terumas Ma'aser to a Kohen, whereas the Ma'asros he is permitted to retain himself.
(d) The earlier ruling only applies if the Am ha'Aretz gave the Chaver a small amount, the latter normally eats in the market and where the fruit is ready to eat immediately. If one of these conditions is missing - then it adopts the latter Din (as if the Am-ha'Aretz told him to take it home).

Mishnah 2

3)
(a) The Tana rules that in a case where the Am ha'Aretz makes the same offer to ...
1. ... people sitting at the entrance of a store or a gateway to a Chatzer near where his fruit are lying in the market-place - they may take the fruit inside the store or the Chatzer and eat it there (Arai) without having to Ma'aser it (see Tos. Yom-Tov citing the Rambam).
2. ... the actual owner of the store or of the Chatzer (see Tos. Yom-Tov) - he is not permitted to eat it inside his store or his Chatzer without first Ma'asering it (because his Chatzer fixes the fruit for Ma'asros.
(b) The Tana Kama differentiates between the two cases - because it is only one's own Chatzer that fixes the fruit for Ma'asros, but not somebody else's.
(c) Rebbi Yehudah disagrees. He equates the Din regarding the store-keeper - because he is embarrassed to eat there at the entrance to his store or Chatzer, in which case even though it is his own Chatzer, it does not fix for Ma'asros unless he turns round and eats facing the other way.
(d) The Halachah however - is not like Rebbi Yehudah.

Mishnah 3

4)
(a) The Mishnah permits a person who is taking fruit from the Galilee to Yehudah to sell there, to eat from it - until he reaches his destination (see Tiferes Yisrael).
(b) And in the event that the owner changes his mind and decide to go back to the Galilee, before having sold it - the Tana permits him to continue eating from it until he reaches the Galilee (see Tiferes Yisrael).
(c) Rebbi Meir is more strict than the Tana Kama. He permits him to eat - only up to such time as he reaches the guest house where he intends to stay over Shabbos (even though Shabbos has not yet arrived).
(d) The Tana Kama permits peddlers who travel from town to town selling their trinkets, to eat their fruit without having to Ma'aser it, until they reach the guest house where they are staying. Rebbi Yehudah - forbids them to do so from the moment they reach the first house within the city walls.
(e) The Halachah is like the Tana Kama.

Mishnah 4

5)
(a) According to Rebbi Eliezer, one is forbidden to eat fruit that has been Ma'asered before it has reached the stage of Ma'asros - because separating Terumah fixes for Ma'aser, even prematurely.
(b) The Chachamim agree with Rebbi Eliezer - only regarding a basket of figs ...
(c) ... because they agree that Ma'asering from the basket fixes the Chiyuv Terumah.
(d) Rebbi Shimon - argues with Rebbi Eliezer even regarding a basket of figs, permitting it too.

Mishnah 5

6)
(a) In a case where Reuven gives Shimon an Isar in exchange for five figs, Rebbi Meir forbids him to eat them - because Mecher (selling) fixes the fruit for Ma'asros.
(b) Rebbi Yehudah - permits the purchaser to eat the fruit as long as he receives them one at a time.
(c) Rebbi ...
1. ... Yehudah concedes that Reuven must Ma'aser them first - the moment he combines them before eating them.
2. ... Meir concedes that Reuven is permitted to eat them without Ma'asering them first - as long as he picks them himself (as Mecher only fixes as long as the fruit is Talush, but not by Mechubar).

7)
(a) Rebbi Yehudah supports his opinion with an ongoing situation in the rose-garden in Yerushalayim - where Terumos and Ma'asros were never taken.
(b) The figs were sold there - at the rate of three or four per Isar.
(c) He knew that it was the seller who picked the figs and not the purchaser - because the owner was very fussy not to let anyone into the garden on account of his roses.
(d) The Halachah is like Rebbi Yehudah.

Mishnah 6

8)
(a) Our Mishnah now discusses a case where Reuven gives Shimon an Isar in exchange for ten figs that he now intends to pick from Shimon's tree. The Tana permits Reuven to eat from the figs that he now picks, without giving Ma'asros - provided he picks them one at a time.
(b) And in the equivalent case, only where Reuven purchased a bunch of grapes, the pomegranate or the watermelon that he intends to pick - he permits him to eat one grape, one grain and one sliver (respectively) at a time.
(c) But he is permitted to eat them as normal, should he merely add the word 'these' (figs, bunches of grapes, pomegranates or watermelons) - because he then acquired them whilst they were still attached, in which case they are not yet subject to Ma'asros.

Mishnah 7

9)
(a) The Mishnah refers to a case where the owner hires a laborer to help him spread out in the field the figs that he cuts. Alternatively, 'Lekatzos ba'Te'einim' might mean - to cut the figs with special knives known as 'Miktzo'os'.
(b) If the laborer stipulates that, in lieu of wages, he should be allowed to eat as he works, the Tana permits him to eat figs without having to Ma'aser them. We would we have thought that he is forbidden to do so - because it resembles a sale (which fixes for Ma'aser, as we have already learned).
(c) The reason that he isn't is - because the Torah permits him to eat without any stipulation.
(d) Should he stipulate that ...
1. ... his wife should be allowed to eat too, or his son, in lieu of his wages (see Tos. Yom-Tov) - then he is permitted to eat without Ma'asering, whereas they are not (see Tos. Yom-Tov).
2. ... he should be allowed to eat after he has finished working, as well - then he is permitted to eat as long as he is still working, but is obligated to Ma'aser first once he has finished.

10)
(a) Our Mishnah concludes with the principle - that, regarding the above stipulation, whoever the Torah permits to eat may do so without Ma'asering, but whoever it does not, must Ma'aser first.
(b) A worker eats min ha'Torah in one of two cases. One of them is when he works with fruit that is attached to the ground at the time of 'G'mar Melachah'; the other - when he works with Talush before the 'G'mar Melachah'.

Mishnah 8

11)
(a) The Mishnah - forbids a laborer to eat Benos-Sheva (good-quality figs) whilst he is working with Levasim (poor-quality ones) see Tos-Yom-Tov.
(b) Should he be eager to eat from the Benos Sheva, the Tana does permit him - to refrain from eating whilst he is working with the Levasim, in order to eat more of Benos-Sheva, once he gets there.

12)
(a) If Reuven stipulates with Shimon that he will eat from the figs with which Shimon is working, and Shimon will eat from his, they are forbidden to eat figs witthout first Ma'asering them - because it is considered a sale.
(b) The Tana issues the same ruling with regard to 'Zeh Lik'tzos, ve'Zeh Lik'tzos' or 'Zeh Le'echol ve'Zeh Lik'tzos' - with reference to the large groups of pressed figs that are laid out in the field to dry (or that have been cut into small pieces [as opposed to those that he has picked]).
(c) Rebbi Yehudah argues by 'Lik'tzos' - because he holds that a sale before the G'mar Melachah does not fix for Ma'asros.
(d) We rule like - Rebbi Yehudah (see Tos. Yom-Tov and Tiferes Yisrael).

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