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MA'ASROS PEREK 5

Questions

Mishnah 1

1)
(a) The Mishnah rules that someone who ...
1. ... uproots his young fruit-trees or vegetables (see Tos. Yom-Tov) and replants them in one's own field (to increase their size) - may eat from them Arai without Ma'asering them, even if he transports them via his house, and the same applies to someone who ...
2. ... purchases trees that are still attached to the ground ...
(b) ... because in the first case, they have not attained the stage of 'G'mar Melachah' (see Tos. Yom-Tov DH 've'Nata' and Tiferes Yisrael), and in the second, because Mecher only fixes for Ma'asros when it is detached, but not when it is still attached (see Tos. Yom-Tov).

2)
(a) The Tana Kama exempts the fruit of saplings that one uprooted to send to one's friend - because even though a gift that one sends to one's friend's house fixes for Ma'aser (see Tos. Yom-Tov), that only applies to fruit that he decided to give as a Matanah after it is detached, but not when he picked it with the intention of giving it as a Matanah.
(b) According to Rebbi Elazar ben Azarya - if there is already some of the same species being sold on the market, he is Chayav, because the picking is then considered a G'mar Melachah.
(c) The Halachah is not like Rebbi Elazar ben Azaryah.

Mishnah 2

3)
(a) The Mishnah rules that someone who uproots turnips or radishes from his own vegetable garden and replants them for their seeds - is Chayav to Ma'aser them, since uprooting them is their only 'Goren' (which fixes for Ma'aser), since the fruit will become spoilt when the seeds are replanted.
(b) We learn from the Pasuk in ...
1. ... Bechukosai "mi'Zera ha'Aretz"- that seeds of the land are subject to Ma'asros but not garden seeds.
2. ... Shemini "al Kol Zera Zeru'a Asher Yiza're'a" - that once Tamei seeds are replanted, they become Tahor.
(c) Based on the latter Limud, Tamei onions that have been replanted on the roof (but not in a box [see also Tiferes Yisrael]) become Tahor - the moment they take root.
(d) As regards Ma'asros, Shevi'is and Shabbos (see Tos. Yom-Tov) however - they are considered to be detached (because he does not want them to take root [ibid,]).

4)
(a) And the Tana rules that onions growing in a field, on which a ruin fell, but whose leaves are still visible - are considered like vegetables that are growing in a field (see Mishnah Rishonah).
(b) Consequently, with regard to ...
1. ... Shabbos - someone who picks them is Chayav.
2. ... Shevi'is - they are subject to all the Dinim of vegetables that are growing in the Shemitah.
3. ... Ma'asros - they are Patur from Ma'asros.

Mishnah 3

5)
(a) The Mishnah forbids selling one's fruit ...
1. ... to a person who is not trustworthy with regard to giving Ma'asros, once it attains the stage of Ma'asros (even if it is still attached to the ground).
2. ... during the Shemitah-year - to a person who is suspected of breaking the laws of Sh'mitah (see Tiferes Yisrael).
(b) The reasons for these rulings is - so that one should not come to transgress the La'av 'Lifnei Iver Lo Sitein Michshol'.
(c) And the Tana adds that if some of the crops ripened early - one should pick them and put them aside, and he may then sell the rest.

Mishnah 4

6)
(a) The Mishnah now talks about selling one's straw (the threshed corn), Gefes and Zagin - which are olive-dregs and grape-pits respectively.
(b) A person may want to purchase ...
1. ... straw - because he may just find a few remaining kernels in it.
2. ... 'Gefes and Zagin' - in order to extract any remaining juice from them.
(c) The Tana - forbids selling them to someone who is not trustworthy regarding Ma'asros (see Tos. Yom-Tov).

7)
(a) The Tana rules that in the event that one produces grains, oil or wine from the above - Ma'aser needs to be taken from it, but not Terumah ...
(b) ... because when he separated Terumah on the kernels the oil and the wine that initially extracted, he had in mind to cover whatever was still contained in the wheat, olives or grapes as well (but not Ma'aser [see Tos. Yom-Tov]).

Mishnah 5

8)
(a) The Mishnah now discusses someone who buys a vegetable-field from a Nochri in Syria - which together which David Hamelech captured, and which, together with "Aram Naharayim and Aram Tzovah (countries that are close to Eretz Yisrael), the Chachamim gave some Dinim of Eretz Yisrael (regarding Ma'asros).
(b) The Tana now rules - that if the purchase takes place before the vegetables have reached the stage of Ma'asros, then he is obligated to Ma'aser the vegetables, after that, he is not (since at the time when it did it was still in the possession of a Nochri).
(c) In the latter case, he may pick vegetables and eat them without any restrictions - though the Tana Kama forbids him to do hire laborers to harvest them (see Tos. Yom-Tov).

9)
(a) Rebbi Yehudah rules, in the current case - that he may hire laborers, if he so wishes (see Tos. Yom-Tov).
(b) Rebbi Yehudah is not concerned about the Tana Kama's concern - that, unless one makes it difficult for the purchaser, one might come to do the same, even if one purchases the field before it has reached the stage of Ma'asros.
(c) Raban Shimon ben Gamliel permits eating without having to Ma'aser even if the purchase took place before the vegetables attained the stage of Ma'asros - in the event that he purchased the vegetables, but not the land.
(d) Rebbi obligates the purchaser to Ma'aser the vegetables according to the 'Cheshbon' by which he means - that in the initial case (as opposed to the ruling of the Tana Kama), the purchaser is obligated to Ma'aser the vegetables to the extent that they continue to grow in his Reshus (e.g. if they had grown one third at the time of purchase, he must Ma'aser the two thirds that subsequently grows afterwards [see Tos. Yom-Tov and Tiferes Yisrael]).
(e) The Halachah is - like Raban Shimon ben Gamliel (see Tos. Yom-Tov).

Mishnah 6

10)
(a) The Mishnah now discusses 'Metamed' (in respect of wine) - which generally means adding water to either the pits, the skins of the grapes or the dregs of wine. In this case however, it means adding water to the dregs of Tevel-wine.
(b) The Tana Kama - exempts someone who is 'Metamed be'Midah' on dregs and finds wine 'be'Midah' from Ma'asering.
(c) Assuming that the first 'be'Midah' means three jars of water, the second 'be'Midah' means even three and a half (less that four [see Tiferes Yisrael]).
(d) We not contend with the fact that the dregs add taste to the water (see Tiferes Yisrael) - because the taste permitted by dregs is weak, and is considered merely a juice.

11)
(a) Rebbi Yehudah holds - that he is obligated to Ma'aser the Temed (see Tos. Yom-Tov) ...
(b) ... because, he says - it is impossible for all the water to have emerged from the dregs. So we assume that half a jug of water remained inside, in which case the three and a half measures that emerged comprised two and a half water wine and one wine (more than the sixth that is required to give the juice the status of diluted wine).
(c) When the Tana says 'Motzi Alav mi'Makom Acher L'fi ha'Cheshbon' - he means that he is permitted to Ma'aser the Temed (see Tiferes Yisrael), as per the increase, from another batch of wine which is Vadai Tevel ...
(d) ... and he is coming to teach us - that the Temed is Chayav Ma'aser Vadai, and that what he Ma'asers is not considered 'min ha'Chiyuv al ha'P'tur'.

Mishnah 7

12)
(a) The Mishnah - requires kernels that one finds in ant-holes beside a pile of corn that was left overnight (without being Ma'asered), which is Chayav Ma'asros (see Perek 1, Mishnah 6) to be Ma'asered ...
(b) ... because the ants can be sure to have dragged the kernels to their holes throughout the night.

Mishnah 8

13)
(a) The Mishnah lists garlic of Ba'al B'chi, onions of Rachpa (see Tos. R. Akiva Eiger), beans of Kilki and Egyptian lentils. Besides the name of a place, 'Shum 'Ba'al B'chi' mean might also mean - sharp garlic that cause a person to 'cry'.
(b) What is unusual about ...
1. ... the Kilki'an bean is - that it has a squarish shape.
2. ... the Egyptian lentil is - that one end comes to a point.
(c) The Tana rules that all of the above species - are Patur from Ma'asros, and may be purchased in the Shemitah even from someone who is suspected of transgressing the laws of Shemitah ...
(d) ... because they all grow wild and are considered Hefker (which is Patur from Ma'asros, and are not subject to all the laws of Shemitah).

14)
(a) Rebbi Meir adds to the list, Karkas (a species of cabbage), and Rebbi Yossi, Kotnim (a species of lentils), but the Halachah is - like the S'tam Mishnah (i.e. the Tana Kama).
(b) The Tana also exempts the seeds of Loof ha'Elyon (but S'tam Loof has the Din of a regular vegetable), cress, onions, turnips and radishes from Ma'asros, and permits purchasing them from anyone in the Shemitah- year. 'Loof' is - a species of onion.
(c) Another name for 'Loof ha'Elyon' is - 'Loof ha'Shoteh'.
(d) The Rambam translates 'Zera Loof ha'Elyon' - as 'the upper seeds of the Loof'.

15)
(a) All of these belong to a category of seeds, which is entirely Patur from Ma'asros - because they are not normally eaten (see Tiferes Yisrael).
(b) We would otherwise have thought that they are Chayav - because the original plants were certainly subject to Ma'asros, and we have a principle 'Gidulei Terumah, Terumah' (see Tos. Yom-Tov and Tiferes Yisrael).

****Hadran Alach 'ha'Oker', u'Selika Lah Maseches Ma'asros ****


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