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MA'ASER SHENI PEREK 5

Questions

Mishnah 1

1)
(a) One marks a Kerem Revai (a vineyard in its fourth year) - to inform people that it is a Kerem Revai, and the fruit is forbidden as long as it has not been redeemed or taken directly to Yerushalayim.
(b) One marks it with clods of earth (see Tiferes Yisrael), and a vineyard of Orlah (see Tos. Yom-Tov.) - with clay ...
(c) ... a sign that it is forbidden to benefit from (like clay in which barely anything grows [see Tos. Yom-Tov]), whereas Kerem Revai is permitted to benefit from like earth, in which one can plant.
(d) Later in the Mishnah, Raban Shimon ben Gamliel confines the obligation to mark both of the above, to the Shemitah year - when the fruit is Hefker; whereas in other years, where it belongs to the owner, and whoever picks it is guilty of theft, we say 'Stuff it down the Rasha's throat and let him die' (see Tos. Yom-Tov).
(e) The 'Tzenu'im' (people who performed Mitzvos meticulously) used to - designate money on which they would redeem the fruit of Kerem Revai in advanced (but would declare 'when it is picked' [see Toss. Yom-Tov]).

2)
(a) One marks graves (to warn Kohanim and Nezirim) with lime - because its whiteness is reminiscent of the bones that are buried there.
(b) Before marking them - one adds water, to make it whiter still.

Mishnah 2

3)
(a) When the Tana says 'Kerem Revai Hayah Oleh li'Yerushalayim Mehalech Yom Echad le'Chol Tzad', he means - that within a day's radius of Yerushalayim, the Chachamim obligated the owners of Ma'aser Sheni to bring the actual fruit (see Tos. Yom-Tov) ...
(b) ... in order to adorn the streets of Yerushalayim with fruit for the Olei Regalim.

4)
(a) The southern border was Eilat, and the northern border, Akrabas, the border in ...
1. ... the west was - Lud, and the one in ...
2. ... the east - the Jordan River.
(b) The Chachamim issued a ruling that once there was an abundance of fruit - one was permitted to redeem it even just outside the walls of Yerushalayim (see Tiferes Yisrael).
(c) They stipulated however, when they did this - that should the situation revert to the way it was, a subsequent Beis-Din would have the authority to reintroduce the decree (see Tos. Yom-Tov).
(d) According to Rebbi Yossi, the criteria for the previous ruling and stipulation was not whether there was a lot of fruit and the fact that it decreased again - but the fact that the Beis-Hamikdash was destroyed (and there was no point in adorning Yerushalayim's markets) and its being rebuilt (see Tos. Yom-Tov as to why the Rambam rules like Rebbi Yossi).

Mishnah 3

5)
(a) According to Beis Shamai, neither does the owner need to add a fifth when redeeming the fruit of Kerem Revai, nor is it subject to Biy'ur in the fourth and seventh years. They learn that it is subject to Pidyon - from the Pasuk in Kedoshim "Kodesh Hilulim la'Hashem", which they interpret as "Chilulim" (meaning redeemed).
(b) Beis Hillel say hold - that it is also subject to Chomesh and Biy'ur.
(c) They learn it - from a 'Gezeirah-Shavah' ("Kodesh" "Kodesh" from Ma'aser Sheni).

6)
(a) Beis Shamai also hold that Kerem (or Neta) Revai is subject to Peret and Olelos - because in their opinion, it is Mamon Ba'alim (the personal property of the owner, and not Mamon Gavohah, like Ma'aser Sheni).
(b) The Peret and Olelos belong - to the poor, who then redeem it and take the money to Yerushalayim (or the fruit, should they so wish).
(c) Beis Hillel learn "Kodesh" "Kodesh" from Ma'aser - that Neta Revai is Mamon Gavohah, and that all the grapes of Kerem Revai go to the wine-press (there is no Din of Peret and Olelos).

Mishnah 4

7)
(a) The fruit of Kerem (or Neta) Revai that the owner wishes to redeem, needs to be assessed - whilst it is still attached to the ground ...
(b) ... by three experts.
(c) In spite of the fact that the number of assessors required to assess Ma'aser Sheni depends on whether the price of the fruit is known or not (as we learned in Perek 'Daled' Mishnah 'Beis'), the number is fixed here at three - because, since the fruit is still attached, the exact price of the expenses involved in cutting and transportation cannot be known in advance.
(d) One then proceeds to assess it - by inquiring how much a person who wished to redeem a Sela's-worth would be willing to pay (bearing in mind that he would have to foot the cutting and transportation costs out of his own pocket).
(e) After the assessment is complete - the owner then puts down a Sela coin or coins, and transfers the Kedushah of whatever he will now pick on to the coins, according to the assessed price.

Mishnah 5

8)
(a) The redemption in the Shemitah year differs from that of other years - in that it is assessed according to its value, without adding the cost of guarding it and working the land until it is harvested (in which case it presumably requires only one assessor).
(b) One does not add the cost of harvesting (since it is not customary to hire harvesters [see Tos. Yom-Tov]).
(c) Whoever acquires Neta Revai which the owned declared Hefker - is entitled to deduct the cost of harvesting the fruit (since he does it himself).
(d) We might otherwise have thought - that Hefker is not subject to Neta Revai at all, and the Tana is coming to teach us that it is.

9)
(a) The Mishnah obligates the owner who redeems Neta Revai to add a fifth - like Beis Hillel, who learns Neta Revai from Ma'aser Sheni (as we learned earlier).
(b) When the Tana extends this ruling even to someone who received it as a gift - he means the owner gave him the grapes when they were 'Smader' (well before they turned ripe), because otherwise, one is not permitted to give Neta Revai as a Matanah (just like Ma'aser Sheni [see Tos. Yom-Tov]).

Mishnah 6

10)
(a) The Pasuk in Re'eh "Miktzeh Shalosh Shanim Totzi es Kol Ma'asar Tevu'ascha" is referring to the Mitzvah of - Biy'ur Ma'asros ...
(b) ... which was performed on Erev Pesach (see Tos. Yom-Tov) of every fourth and seventh year.
(c) We learn from the 'Gezeirah-Shavah' "Miketz" from the Pasuk in Ki Savo) "Miktzeh Sheva Shanim be'Mo'ed" - that it fell due on a Yom-Tov.
(d) And we learn from the beginning of the latter Pasuk "Ki Sechaleh le'Aser" - that this Yom-Tov must be Pesach (since that is the Yom-Tov on which one concludes giving all one's Ma'asros [see Tos. Yom-Tov]), and not Succos.

11)
(a) The owner must distribute any remaining Terumah and Terumas Ma'aser to the Kohanim. According to the Tana Kama, he ...
1. ... distributes any remaining Ma'aser Rishon - to the Levi'im (see Tos. Yom-Tov) and Ma'aser Ani, (to the poor).
2. ... destroys Ma'aser Sheni and Bikurim (since the Torah writes "I destroyed the Kodesh from the house").
(b) According to Rebbi Shimon - Bikurim too, is given to the Kohanim, since the Torah refers to it in Ki Savo as Terumah.
(c) The Halachah is not like Rebbi Shimon.
(d) According to Beis Shamai, a cooked dish containing Shevi'is (see Tos. Yom-Tov and Tos. R. Akiva Eiger) or Ma'aser Ani is subject to Biy'ur. Beis Hillel maintain - that it is Batel and may therefore be eaten.

Mishnah 7

12)
(a) According to Beis Shamai, someone who Ma'aser Sheni fruit nowadays (when there is no Beis-Hamikdash) should transfer the Kedushah on to a silver coin (see Tiferes Yisrael) - when the time of Biy'ur arrives.
(b) The source for this is - the Pasuk in Re'eh "ve'Tzarta ha'Kesef be'Yadcha" (see Tos Yom-Tov).
(c) One fulfills the Mitzvah of Biy'ur on a coin, says the Tiferes Yisrael - by defacing it and throwing it into a river.
(d) Beis Hillel object to this ruling - due to the fact that, since the money requires Genizah no less than the fruit, what is the point of the transfer?

Mishnah 8

13)
(a) Rebbi Yehudah refers to an announcement that Beis-Din used to issue to all landowners as the time of Biy'ur for each species of fruit drew near. The gist of the announcement was - to hurry and rectify their fruit (i.e. to quickly pick what was not yet picked and distribute the Terumos and Ma'asros to their rightful owners).
(b) They stopped this practice - following Rebbi Akiva's ruling that fruit that has not yet reached the stage of Ma'asros (as explained in the first Perek of Ma'asros) is not subject to Biy'ur.

Mishnah 9

14)
(a) In the event that the time of Biy'ur arrives and one is not in the vicinity of one's fruit - one is obligated to designate the fruit and to specify the recipient of each designation (i.e. a Kohen, a Levi or a poor man [see Tos-Yom-Tov]), as we shall now see .
(b) Besides Rebbi Yehoshua and Rebbi Elazar ben Azaryah - Rebbi Akiva was on the ship together with Raban Gamliel, when Erev Pesach of one of the years of Biy'ur arrived.
(c) When giving the Ma'aser Rishon that he was about to designate to Rebbi Yehoshua, who was a Levi (see Tos. Yom-Tov) - he added that the current location of the fruit was rented to him too.
(d) He did that - because it was the most convenient way for him to acquire the fruit (Kinyan Metaltelin Agav [together with] Karka [see Tos. Yom-Tov]).

15)
(a) He give the Ma'aser Ani - to Rebbi Akiva, in his capacity as the Gabai on behalf of the poor.
(b) To Rebbi Elazar ben Azaryah, he gave - Terumas Ma'aser ...
(c) ... whereas Terumah Gedolah - he did not need to give, due to the Chazakah that he gives Terumah Gedolah already in the granary.
(d) The three recipients acquired their rented locations - by paying a nominal fee to Raban Gamliel (see Tos. Yom-Tov and Tos. R. Akiva Eiger]).

Mishnah 10

16)
(a) One says the Viduy (the confession that was part of the Mitzvah of Biy'ur Ma'asros [see Tos. Yom-Tov] see also Tiferes Yisrael) - at Minchah of the last day of Pesach ...
(b) ... not immediately after having performed the Biy'ur - in order that the people should have enough food to eat on Yom-Tov (see Tiferes Yisrael).
(c) The Pasuk "Bi'arti ha'Kodesh min ha'Bayis" contains - Ma'aser Sheni and Neta Revai (which have the status of Kodesh).

17)
(a) "Nesativ la'Levi" refers to Ma'aser Rishon, whilst "ve'Gam" (which implies 'besides something else that I gave') comes to include - Terumah and Terumas Ma'aser (see Tos. Yom-Tov as to why the Tana does not mention Bikurim).
(b) Besides Ma'aser Ani, "la'Ger, la'Yasom ve'la'Almanah" incorporates - Leket, Shikchah and Pe'ah ...
(c) ... even though they are not crucial to the Viduy (and one may recite it, even if he did not give these to the poor).
(d) "min ha'Bayis" refers - to Chalah (see Tiferes Yisrael).

Mishnah 11

18)
(a) The Mishnah learns from the Pasuk "ke'Chol Mitzvascha Asher Tzivisani" - that the separation of the Matanos must follow the prescribed order Terumah, Ma'aser Rishon and Ma'aser Sheni (or Ani [see Meleches Shlomoh]) .
(b) The Tana learns from "Lo Avarti mi'Mitzvosecha" that one may not separate one species on to another, from what is detached on to what is attached or vice-versa, not from one year's produce on to another (see Tiferes Yisrael).
(c) And he finally learns from "ve'Lo Shachachti" - that one is obligated to recite a B'rachah over the separation of Ma'asros.

19)
(a) 'min ...
1. ... ha'Talush al ha'Mechubar' is - the same as 'min ha'Chiyuv al ha'Petur', and 'min ...
2. ... ha'Mechubar al ha'Talush' - as 'min ha'Petur al ha'Chiyuv'.
(b) We learn that each year's produce must be Ma'asered independently - from the Pasuk in Re'eh (in connection with separating Ma'asros) "ha'Yotzei ha'Sadeh Shanah Shanah".
(c) The Mitzvah of Terumah, of Ma'aser Rishon, Ma'aser Sheni, Pidyon Ma'aser Sheni, Ma'aser Ani and Chalah - all require a B'rachah with Shem and Malchus (see Tos. Yom-Tov).

Mishnah 12

20)
(a) The Mishnah learns from the Pasuk ...
1. ... "Lo Achalti be'Oni Mimenu" - that someone who did eat Ma'aser Sheni whilst he was an Onen cannot recite the Viduy.
2. ... "ve'Lo Vi'arti Mimenu be'Tamei" - that neither can he recite it if he separated Ma'aser Sheni from Tahor Tevel whilst he was Tamei (Tiferes Yisrael).
(b) One is an Onen ...
1. ... de'Oraysa - on the day when one's relative died and was buried.
2. ... de'Rabbanan - either on the night following the death, or on the day when he is buried if it does not coincide with the day that he died.

21)
(a) When the owner says 've'Lo Nasati Mimenu le'Meis', he means - that he did not (even) use it to purchase a coffin or shrouds ...
(b) ... though in truth, it would be forbidden even if it was not for the benefit of a dead person - since one is obligated to buy food (as we already learned [see Tos. R. Akiva Eiger and Tiferes Yisrael]).
(c) The Tana does not rather present a case where one anointed a dead person with Ma'aser Sheni oil (which would be permitted to do to a live one) - because purchasing a coffin and shrouds is a bigger Chidush (since "Mimenu", which precludes a Meis, implies direct use, such as anointing, yet the Tana forbids it).
(d) The Onen also incorporates in this statement - that he did not give any of the Ma'aser to other Onenim (see Tos. Yom-Tov).
(e) "Shamati be'Kol Hash-m Elokai" refers to bringing the Ma'aser Sheni to the Beis-Hamikdash, and "Asisi ke'Chol Asher Tzivisani" to - rejoicing with it and making others happy, too.

Mishnah 13 & 14

22)
(a) The Mishnah comments on the Pasuk ...
1. ... "Hashkifah mi'Me'on Kodshecha min ha'Shamayim" - that having done what Hash-m decreed upon us to do, He should now do what He promised to do.
2. ... "u'Varech es Amcha es Yisrael" - that He bless us with sons and daughters (see Tiferes Yisrael) ...
3. ... "ve'es ha'Adamah Asher Nasata Lanu" - with dew and rain (incorporating good crops and fruit) and animals giving birth ...
4. ... "Ka'asher Nishba'ta la'Avoseinu Eretz Zavas Chalav u'Devash" - with nice-tasting fruit (see Tos. Yom-Tov).
(b) Chazal learn from "ve'es ha'Adamah Asher Nasata Lanu" - that Geirim and Avadim Meshuchrarim (set-free slaves), neither of whom have a portion in the land.
(c) A Mamzer - is not precluded from reciting Viduy Ma'asros.
(d) Rebbi Meir adds Kohanim and Levi'im to the preclusion - because they too, do not inherit a regular portion in Eretz Yisrael.
(e) Rebbi Yossi objects to this - since they too, receive the Arei Migrash (the fields that belong to their forty-eight cities.

Mishnah 15

23)
(a) Yochanan Kohen Gadol was - Shimon ha'Tzadik's successor as Kohen Gadol (see Tiferes Yisrael).
(b) His negation of Viduy Ma'asros was due to a Takanah of Ezra - who transferred the Mitzvah of giving Ma'aser Rishon to the Levi'im from the Levi'im to the Kohanim (see Tos. Yom-Tov).
(c) And he therefore negated it - since the Yisrael was no longer able to say 've'Gam Nesativ la'Levi'.

24)
(a) He also nullified ...
1. ... the Me'orerim, with reference to the Levi'im - who used to cite the Pasuk in Tehilim "Urah Lamah Sishan", which might be misconstrued to mean that Hash-m is actually sleeping (see Tos-Yom-Tov and Tiferes Yisrael).
2. ... 'the Nokfim', with reference to the Kohanim - who used to make a scratch between the horns of kid-goat Korban, causing it to bleed, so that it would not see what is happening and make it difficult for the Kohanim to tie it up and Shecht it.
(b) He nullified it - because it resembled a Blemish (see also Tiferes Yisrael).
(c) In its stead - he instituted the twenty-four rings on the floor besides the Mizbe'ach, into which the heads of the animals fitted.

25)
(a) Until the time of Yochanan Kohen Gadol, the Tana concludes, the sound of a hammer could still be heard in Yerushalayim and one needed to query the Am ha'Aretz from whom one purchased crops about Demai ('Da Mai'?). When ...
1. ... by implication, the Tana says that Yochanan Kohen Gadol negated the sound of the hammer in Yerushalayim, he means - that he stopped the use of hammers there on Chol ha'Mo'ed, even for a Davar ha'Aved (to prevent a monetary loss, which is generally permitted), because the sound of hammering throughout Yerushalayim had reached such proportions as to be considered a denigration of Chol ha'Mo'ed.
2. ... he says that in his time, one no longer needed to ask the seller about Demai, he means - that Yochanan Kohen Gadol instituted the obligation to separate Terumas Ma'aser and Ma'aser Sheni from all fruit purchased from an Am ha'Aretz.
(b) He instituted this - because not realizing that Terumas Ma'aser was Chayav Misah is subject to Misah bi'Yedei Shamayim no less than Terumah Gedolah (the only Matanah that they all took seriously).
(c) He did not include Ma'aser Rishon and Ma'aser Ani in the Takanah - because since there is no intrinsic Isur in eating them, he applied the principle 'ha'Motzi me'Chavero, Alav ha'Re'ayah' (If the Levi and the poor man claim Ma'aser, let them prove that the original owner had not Ma'asered them), particularly bearing in mind that most Amei ha'Aretz separated Ma'asros anyway.

*** Hadran Alach 'Kerem Revai' ve'Salik Maseches Ma'aser


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