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MA'ASER SHENI PEREK 3

Questions

Mishnah 1

1)
(a) Assuming that Reuven has too much Ma'aser Sheni fruit to carry himself to Yerushalayim, he is forbidden to say to Shimon 'Take this Ma'aser Sheni fruit to Yerushalayim and keep some of it for yourself' - because it looks as if he is using Ma'aser money to pay him for his services (which is forbidden).
(b) He should have said under the circumstances - 'Take it to Yerushalayim and we will eat and drink together there' (because then he is merely inviting him to eat with him, which is permitted).
(c) Reuven would be permitted to give Shimon a gift of Ma'aser Sheni fruit once they arrive in Yerushalayim - see Tos. Yom-Tov and Tiferes Yisrael).

Mishnah 2

2)
(a) The Mishnah forbids a Kohen to purchase Terumah with Ma'aser Sheni money in Yerushalayim - because it diminishes the scope of eating it (seeing as Terumah is forbidden to Zarim and Tevulei-Yom).
(b) Rebbi Shimon permits it - because he permits bringing Kodshim to the Beis ha'Pesul (allowing it to become Nosar and then burning it).
(c) Rebbi Shimon supports his opinion - with the fact that one is permitted to purchase Shelamim (see Tiferes Yisrael), even though this creates the possibility of the Ma'aser becoming Pigul, Nosar or Tamei (how much more so Terumah, which is not subject to Pigul, Nosar or Tamei).
(d) The Chachamim counter this proof however - with the argument that the Torah is lenient by Shelamim, because they are permitted to Zarim, which Terumah is not.
(e) The Halachah is - like the Chachamim.

Mishnah 3

3)
(a) The Mishnah now discusses Reuven, who has Ma'aser Sheni money in Yerushalayim which he needs - to purchase things that are not for eating, drinking or anointing.
(b) With Shimon's permission - he can transfer the Kedushah of his Ma'aser fruit on to Shimon's fruit (see Tiferes Yisrael) ...
(c) ... which the latter must now eat be'Taharah.
(d) If Shimon was an Am ha'Aretz, the problem would be - that Amei ha'Aretz are suspect of not eating their food be'Tum'ah (which is not Asur with regard to Chulin).
(e) It would nevertheless be permitted - if Reuven's Ma'aser Sheni money was Demai (because it would then be a case of S'fek S'feika [see Tiferes Yisrael]).

Mishnah 4

4)
(a) A person who has Ma'aser Sheni money at home, but who is in Yerushalayim with Chulin fruit - is permitted to transfer the Kedushah of the money on to the fruit ...
(b) ... despite the fact that the money and the fruit are not in the same location.
(c) In the reverse case (where he is in Yerushalayim with Ma'aser Sheni money, which he needs for other things, but he has Chulin fruit at home) - the Mishnah permits him to transfer the Kedushah of the money on to the fruit ...
(d) ... even though not only is the money in Yerushalayim, but the fruit is not (see Tos. Yom-Tov).
(e) He is permitted to do this - on condition that he subsequently takes the fruit to Yerushalayim.

Mishnah 5

5)
(a) According to the Tana Kama - Ma'aser Sheni money that enters Yerushalayim may be taken out again, whereas Ma'aser Sheni fruit may not ...
(b) ... because the wall of Yerushalayim does not 'gather' the former as it does the latter.
(c) Raban Shimon ben Gamliel - permits even Ma'aser Sheni fruit to be taken outside the walls of Yerushalayim ...
(d) ... provided it is with the intention of grinding and baking it (since more facilities were available outside), but then to eat it in Yerushalayim.
(e) The Halachah is - not like Raban Shimon ben Gamliel.

Mishnah 6

6)
(a) The Mishnah now discusses Tevel fruit that is inside the walls of Yerushalayim. According to the Tana Kama, Beis Shamai and Beis Hillel agree that once it has reached the stage of Nigmerah Melachtan (when it is ready to be Ma'asered), its potential Ma'aser Sheni must remain in Yerushalayim to be eaten there - because they both hold 'Matanos she'Lo Hurmu k'Mi she'Hurmu Damyan' (which means that we consider the Matnos Kehunah contained within Tevel as if they have already been separated).
(b) They argue however, over baskets of grapes and figs that have not yet reached the stage of Nigmeru Melachtan - such as grapes that are on their way to the wine-press and fresh figs, to the field to be dried.
(c) Beis Shamai ascribe the equivalent ruling to this fruit as in the previous case. According to Beis Hillel - one is permitted to redeem them and take them out of Yerushalayim.

7)
(a) Rebbi Shimon ben Yehudah Amar Rebbi Yossi maintains that in the latter case - even Beis Shamai concede that the owner may redeem them ...
(b) ... they argue over - there where the fruit has reached the stage of Nigmeru Melachtan.
(c) In his opinion, Beis Hillel may well hold 'Matanos she'Lo Hurmu La'av k'Mi she'Hurmu Damyan'. Alternatively - it is only here that he holds that, because K'litas Mechitzos (the prohibition of taking Ma'aser Sheni out of Yerushalayim once it has entered) is only mi'de'Rabbanan, and the Chachamim did not include Tevel in the decree.
(d) The Halachah however - is like Beis Hillel according to the Tana Kama.

8)
(a) The Tana finally rules that Tevel of Demai (see Tos. Yom-Tov) which entered Yerushalayim - may be taken out and redeemed.
(b) He needs to issue this ruling - according to the Tana Kama's opinion in Beis Hillel (and certainly in Beis Shamai [see Tos. Yom-Tov]).

Mishnah 7

9)
(a) The Mishnah states that if a tree that is growing inside the walls of Yerushalayim but whose branches extend beyond them, or vice-versa - then if somebody enters Yerushalayim with Ma'aser Sheni fruit, he is considered inside when he reaches a point corresponding to within the walls.
(b) We learned in Ma'asros (3:10) however, that with regard to Ma'aser Sheni, we go after the branch, which as we explained there, means - that we go after the branch as well.
(c) Consequently, whatever corresponds to ...
1. ... within the walls is considered inside Yerushalayim - means that once he reaches a point that corresponds to inside the walls (see Tiferes Yisrael), he is permitted to eat the Ma'aser Sheni beside the trunk or the branch which is inside, but may not redeem it.
2. ... outside the walls is considered outside Yerushalayim, means - that if he has reached the trunk or the branch that is outside the walls, he is permitted to redeem the Ma'aser Sheni, but not to eat it (see Tos. Yom-Tov).

10)
(a) The Tana citing Beis Shamai, rules that whether an olive press has its entrance inside Yerushalayim but the inside of the press is outside, or vice-versa, it is considered inside - and one is permitted to eat Ma'aser Sheni and Kodshim Kalim (see Tos. Yom-Tov DH 'u'Veis Hillel 'mi'Keneged ha'Chomah') there, but may not redeem the former.
(b) According to Beis Hillel - the part that corresponds to inside the wall is considered inside, and one is permitted to eat there Kodshim Kalim and Ma'aser Sheni, but may not redeem the latter; whereas the part that corresponds to outside the wall is considered outside, and he may neither eat Kodshim Kalim nor Ma'aser Sheni, though he is permitted to redeem the latter there (see Tos. Yom-Tov DH 'u'Veis Hillel').

Mishnah 8

11)
(a) The Mishnah rules that the inside of rooms that are built ...
1. ... in the area of the Azarah (see Tiferes Yisrael), but which open out to Chol (i.e. the Har ha'Bayis [see Tos. Yom-Tov]) - is Chol (see Tiferes Yisrael).
2. ... outside the area of the Azarah but which open into the Azarah - are Kodesh ...
(b) ... whereas regarding their roofs (which adopt the status of where they are) - the former are Kodesh, the latter, Chol.
(c) We reconcile the former with the principle that the attics and rooftops were not sanctified - by establishing this with regard to rooms that are actually build into the mountain and whose roofs are level with the Azarah.
(d) Rooms that are built partly in the area of the Azarah and partly in the area of Chol, with an opening at either end - adopt the status of where they are. Consequently, the half that is in the Kodesh is Kodesh, too; whereas the half that is in the Chol is Chol.

Mishnah 9

12)
(a) The Tana now discusses Ma'aser Sheni that entered Yerushalayim and became Tamei, through contact with either an Av ha'Tum'ah or a V'lad ha'Tum'ah, either after it entered Yerushalayim or afterwards. We learn from the Pasuk "Ki Lo Suchal Se'eiso" - (based on the fact that 'Se'eis' can mean to eat) that Tamei Ma'aser Sheni can be redeemed, even in Yerushalayim.
(b) The case of Ma'aser Sheni that became Tamei through a V'lad ha'Tum'ah is - if it touched a vessel that touched Tamei liquid (which is always a Rishon).
(c) The major difference between Ma'aser Sheni that became Tamei through an Av ha'Tum'ah and one that became Tamei through a V'lad ha'Tum'ah is - that the former is de'Oraysa, the latter, de'Rabbanan.

13)
(a) The only case, according to Beis Shamai, which can be eaten outside Yerushalayim after redemption, is - where the Ma'aser became Tamei through an Av ha'Tum'ah before it entered Yerushalayim (since the walls do not determine Tamei Ma'aser Sheni).
(b) All the other cases must be eaten in Yerushalayim (even though they have been redeemed) - because people, unaware if the fact that it was redeemed [since this is not something that people know about]), will say that they saw Ma'aser Sheni being brought into Yerushalayim and then being taken out again.
(c) The only case, according to Beis Hillel, which must be eaten in Yerushalayim after being redeemed is - if it became Tamei through a V'lad ha'Tum'ah inside Yerushalayim (see Tiferes Yisrael).
(d) With regard to Ma'aser Sheni that became Tamei through ...
1. ... an Av ha'Tum'ah, or through ...
2. ... a Toldah outside Yerushalayim - they hold that it may be eaten outside Yerushalayim once it has been redeemed.

Mishnah 10

14)
(a) According to the Tana Kama, fruit that is bought with Ma'aser Sheni money and that became Tamei, is redeemed (wherever it is [Tiferes Yisrael]). Rebbi Yehudah - rules that it must be buried, because once its Mitzvah is completed (i.e. one has purchased fruit with the Ma'aser money) it can no longer be redeemed.
(b) The Chachamim counter Rebbi Yehudah with a 'Kal-va'Chomer' - from Ma'aser Sheni fruit itself, which can be redeemed, how much more so fruit that has been purchased with Ma'aser Sheni money.
(c) In reply, Rebbi Yehudah points out - that we do find fruit that is purchased with Ma'aser money that is more stringent than the Ma'aser fruit itself - with regard to redeeming it outside Yerushalayim, which is forbidden in the former case (as we learned in the first Perek).
(d) The Halachah is - like the Tana Kama.

Mishnah 11

15)
(a) The Tana Kama requires a deer that one purchased with Ma'aser Sheni money and that subsequently died, to be buried - together with its skin.
(b) Rebbi Shimon says - that the deer can be redeemed ...
(c) ... because he permits redeeming Kodshim even if it is only to feed to the dogs, whereas the Chachamim do not (see Tos. Rebbi Akiva Eiger).

16)
(a) The Tana Kama rules that if a live deer that one purchased with Ma'aser Sheni money becomes Tamei after it has been Shechted - it is redeemed.
(b) Rebbi Yehudah does not argue with this ruling, like he did in the previous Mishnah with regard to fruit - because unlike fruit, it could still have been taken outside Yerushalayim and redeemed whilst it was Tahor.
(c) Rebbi Yossi - ascribes the same Din to a live deer as Rebbi Yehudah does to fruit.
(d) In the event that one purchased the deer already Shechted - it is considered fruit, and the Tana Kama and Rebbi Yehudah repeat their Machlokes from the previous Mishnah.

Mishnah 12

17)
(a) The small barrels that Reuven 'lends' Ma'aser Sheni, in order to pour into them Ma'aser Sheni wine outside Yerushalayim - remain Chulin ...
(b) ... even if he subsequently seals them shut, and the same ruling will apply to a case ...
(c) ... where he pours Tevel wine into them S'tam (see Tos. Yom-Tov and Tiferes Yisrael) and declares them Ma'aser ...
1. ... before sealing them shut, but not where he pours it into them ...
2. ... after sealing them, in which case Ma'aser Sheni acquires them (see Tiferes Yisrael).

18)
(a) The Tana rules that if a barrel of Terumah wine got mixed up in a hundred of Chulin - then it becomes Batel provided they are not yet sealed, but not once they have been ...
(b) ... in which case - they must be sold to a Kohen at the cost of Terumah except for one, for which the Kohen does not pay.
(c) Similarly, says the Tana, someone who has a number of barrels that need to be Ma'asered, must Ma'aser from each barrel individually - once he has sealed them, but he is permitted to Ma'aser from one barrel to cover all the others - as long as he has not (see Tiferes Yisrael).

Mishnah 13

19)
(a) According to Beis Hillel, if the owner wants to Ma'aser all the barrels from one barrel after having sealed them, it will suffice to simply open them - Beis Shamai require him to pour them back into the wine press before declaring part of it Ma'aser Sheni (see Tiferes Yisrael).
(b) The Mishnah qualifies the earlier ruling rendering the barrel Kodesh if the owner declared the wine Ma'aser Sheni after sealing the barrel - only if it is customary to sell the barrels sealed, but not where the wine is normally sold from open barrels ...
(c) ... as we learned in the first Perek regarding the purchase of wine with Ma'aser Sheni money in Yerushalayim.
(d) The barrel remain will remain Chulin, however, even where it customary to sell the barrels sealed - if the seller makes a point of selling the wine per measure, rather than by the barrel (see Tiferes Yisrael).

20)
(a) Rebbi Shimon states that in a case where Reuven says to Shimon that he is selling the barrel of wine apart from its barrel - the barrel remains Chulin.
(b) In actual fact, he is referring to the case in the previous Mishnah ('[Im] mi'she'Gafan [Kara Shem Ma'aser] Kanah Ma'aser') - where he previously declared the contents of the barrel Ma'aser except for one Revi'is, and it is that Revi'is (of Tevel [see Tiferes Yisrael]) that he is now selling Shimon, stipulating that he is retaining the (sealed) barrel for his Ma'aser Sheni, then the barrel remains Chulin (see also Tiferes Yisrael).

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