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MA'ASER SHENI PEREK 4

Questions

Mishnah 1

1)
(a) One assesses Ma'aser Sheni fruit that one transported from a place where it was more expensive to a cheaper one, or vice-versa - according to the current location (see Tos. R. Akiva Eiger) ...
(b) ... although Lechatchilah - someone who wants to redeem Ma'aser Sheni is obligated to redeem it where it is and not move it to another town.
(c) If the owner transports his fruit or wine from the granary or from the wine-press to the town - he must redeem it according to the higher value, giving Ma'aser Sheni the benefit of the higher price ...
(d) ... and he must pay the transport costs out of his own pocket (see Tos. Yom-Tov).

Mishnah 2

2)
(a) When redeeming one's Ma'aser Sheni fruit, one assess the price - according to the storekeepers buying price (which is of course lower than his selling price [see Tos. Yom-Tov]).
(b) And one assesses the Ma'aser Sheni Perutos whose Kedushah one wants to transfer on to Sela'im - according to the banker's buying price (and not according to his exchange rate, which is obviously higher).
(c) Fruit whose market value is ...
1. ... known - requires one witness to be present at the redemption, to check that Ma'aser Sheni does not lose.
2. ... not known - requires three people (a Beis-Din) to assess it.
(d) The Tana defines this as ...
1. ... wine - that has turned sour ...
2. ... fruit - that has gone bad, and ...
3. ... money - which has gone rusty (see Tiferes Yisrael).

Mishnah 3

3)
(a) If both the owner and his friend offer to pay a Sela to redeem his Ma'aser Sheni, the owner takes precedence - because he is obligated to add a fifth (a benefit for Ma'aser Sheni), which is really a quarter (see Tiferes Yisrael).
(b) However where he offers a Sela, and his friend a Sela and an Isar - then his friend takes precedence ...
(c) ... because whereas the Isar is a definite gain for Ma'aser Sheni, the fifth is not, since there are ways to get out of it as we shall soon see (see also Tos. Yom-Tov).
(d) An Isar is - a ninety-sixth of a Sela (see Tos. Yom-Tov).

4)
(a) If the owner on whose land the fruit grew adds a fifth - and so he does if he received it as a gift.
(b) By 'a gift' the Tana means - that he received it still as Tevel.
(c) He cannot mean that the original owner gave him the Ma'aser Sheni as a gift - because we rule that it is forbidden to do so (see Tos. Yom-Tov and Tiferes Yisrael).

Mishnah 4

5)
(a) It is possible for the owner to avoid paying the extra fifth - by giving the redemption money to his bar (or bas)-Mitzvah son (or daughter]) ...
(b) ... Eved Ivri or Amah Ivriyah.
(c) He cannot however do this via his little son or daughter, or via his Eved (or Shifchah) Cana'ani(s) - because 'their hand is like his own' (whatever they own is his).

Mishnah 5

6)
(a) If Reuven is standing in the granary, and he wants to apply the previous concession, only neither he nor his friend Shimon has cash on him (see Tos. Yom-Tov) - he can be Makneh the fruit to Shimon and then transfer the Kedushah on to money that he has at home.
(b) He will not be able to give the Ma'aser as a gift however - once the Ma'aser has been separated, only while it still Tevel (as we learned a little earlier).

Mishnah 6

7)
(a) If, after Reuven, who is redeeming Shimon's Ma'aser Sheni, has drawn (Mashach) a Sela's worth, but before he has managed to pay, the price rises to two Sela'im - he is Chayav to pay the second Sela towards redeeming the Ma'aser fruit, only he may retain it and take it to Yerushalayim to spend there.
(b) Even though Reuven is not obligated to give the second Sela to Shimon (because he has already acquired the Ma'aser with Meshichah), he nevertheless remains obligated to redeem the Ma'aser - because min ha'Torah, one acquires the fruit after paying (see Tiferes Yisrael [also Tos. Yom-Tov]).

8)
(a) In the reverse case however, where Reuven acquires the Ma'aser for two Sela'im, and the price goes down to one before he manages to pay - he pays Shimon one Sela with Chulin money, and the second Sela, from his own Ma'aser Sheni money, should he so wish.
(b) This is not considered 'paying one's debts with Ma'aser Sheni money' - since right from the outset, the seller was destined to eat two Sela's worth of Ma'aser Sheni money in Yerushalayim (see Tos. Yom-Tov).
(c) If Shimon is an Am ha'Aretz (and it is forbidden to give an Am ha'Aretz Ma'aser money) - then he must give him both Sela'im from Chulin money
(d) According to the text 'Nosen Lo mi'Dema'av' - the Tana means that he may give him the second Sela from Ma'aser Sheni shel Demai, should he own it.

Mishnah 7

9)
(a) Rebbi Yossi rules that if someone who redeems Ma'aser Sheni without the accompanying declaration, the Pidyon is valid. According to Rebbi Yehudah - Pidyon is only valid together with a declaration.
(b) The same Tana'im hold that where Reuven is speaking to his wife about divorce, or to an unmarried woman about Kidushin, and then presents the former with a Get, or the latter with Kidushin - the same Tana'im issue the same rulings ('Dayo' and 'Tzarich Lefaresh' respectively).
(c) Rebbi Yossi only rules 'Dayo' - in a case where the man and the woman were had been speaking about a Ger, or about Kidushin, in which case it is obvious what the man's motives are (see also Tos. Yom-Tov).

Mishnah 8

10)
(a) The Mishnah discusses someone who sets aside an Isar on which to transfer his Ma'aser Sheni as he eats it and, after having used up half, he goes to another town taking the coin with him, where he discovers that the same coin was worth a Pundiyon - which is the equivalent of two Isrim.
(b) The Tana rules that ...
1. ... in this case - he may eat another Isar's-worth against the coin.
2. ... in the reverse case, where he initially designated a Pundiyon, and, after having used up half, he went to another town taking the coin with him, where he discovered that the same coin was worth only an Isar (he is not obligated to stop using the coin, but) - that he may still eat half an Isar's-worth (see Tos. Yom-Tov).

11)
(a) In the reverse case, where the owner takes a Ma'aser Sheni coin to Yerushalayim, and transfers its Kedushah on to the fruit that he eats, the Tana Kama informs us that it is not necessary to use up the entire Isar, but gives two possible Shi'urim that will suffice for the entire Isar to become Chulin. One of them is ten elevenths - where for example, eleven pomegranates are worth one Isar, and he eats ten (leaving one eleventh of the coin unredeemed).
(b) The second Shi'ur the Tana gives is - one hundredth, the latter with regard to Vadai Ma'aser, and the former, with regard to Demai (see Tos. Yom-Tov).

12)
(a) Beis Shamai, the most lenient of all, (see Tos. Yom-Tov) gives only one Shi'ur for both Vadai and Demai as - one tenth (where he ate nine, and not an eleventh).
(b) Beis Hillel concurs with the Tana Kama (inasmuch as he gives two Shi'urim), and with Beis Shamai regarding Demai, but regarding Vadai - he requires that one eats two more (i.e. a full eleven) pomegranates, to make up the tenth of an Isar ...
(c) ... because if he were to eat just one (tenth), it would amount to less than a Perutah, even including the fifth that the owner has to add (since a Perutah is one eighth of an Isar). But if he eats the eleventh one (a tenth of an Isar = eight tenths of a Perutah) plus the fifth that he needs to add (two tenths [a fifth] of a Perutah), the four extra pomegranates that he ate in total will come to exactly a Perutah.
(d) The Halachah is - like Beis Hillel.

Mishnah 9

13)
(a) Our Mishnah declares Chulin all coins that are found - anywhere, even in Yerushalayim ...
(b) What the exception - of Yerushalayim on Yom-Tov when the majority of money in town is Ma'aser Sheni money.
(c) The Tana extends his ruling to a golden Dinar that one finds together with silver or copper coins - even though it is not common to mix golden coins together with one's Chulin (in which case we would have thought that it must be Ma'aser money.
(d) And he concludes that if one finds a purse containing coins and a piece of clay with the word 'Ma'aser' written on it, it is Ma'aser - and not just the remains of an old container that once held Ma'aser.

Mishnah 10

14)
(a) The Mishnah now discusses a vessel on which is written 'Korban'. Rebbi Yehudah rules - that if the vessel is made earthenware, then the vessel is Chulin, and the contents, Hekdesh (see Tos. Yom-Tov), whereas if it is made of metal, then the vessel is Hekdesh, and the contents, Chulin.
(b) The reason for this distinction is - because, in the former case, people do not tend to declare earthenware vessels Hekdesh.
(c) The Chachamim disagree with his latter ruling - in that people do not generally use Hekdesh to store Chulin, in which case, the contents of the metal vessel must be Hekdesh, too (though they agree with his ruling regarding an earthenware vessel).
(d) The Halachah is - like the Chachamim.

Mishnah 11

15)
(a) According to the Tana Kama, a 'Kuf' on a found vessel denotes 'Korban' - meaning that it or its contents (see previous Mishnah) are Hekdesh.
(b) 'Mem', 'Daled', 'Tes' and 'Taf' stand for - 'Ma'aser Sheni' (see Tiferes Yisrael) 'Demai', 'Tevel' respectively and 'Terumah'.
(c) The owner would have done that - in the time when the evil regime forbade Jews to fulfill Mitzvos.
(d) Rebbi Yossi disagrees. He maintains that ...
1. ... in this case - the letters symbolize names (Kehas, Daniel, Tuvya or Tanchum).
2. ... in a case where one found a barrel with the word 'Terumah' written on it - the contents are nevertheless Chulin, because we assume that it was once used for Terumah, but no longer (see Tiferes Yisrael).

Mishnah 12

16)
(a) The Mishnah rules that if someone tells his son that he will find Ma'aser Sheni in a certain corner, and he finds it in another corner - what he finds is Chulin (see Tiferes Yisrael).
(b) And if he told him that he would find ...
1. ... a Manah, but he found two - then one Manah is Ma'aser, and the one, Chulin (see Perek 2, Mishnah 6).
2. ... two Manah, but he found only one - then it is Ma'aser.

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