1)

What is the meaning of "Lo Achalti be'Oni minenu"?

1.

Rashbam: It means that he did not eat it stolen' 1 - though it is not clear what he means.

2.

Targum Onkelos and Targum Yonasan: It means he did not eat from it whilst he was an Aveil. 2


1

Rashbam: As in Hoshe'a, 12:9 and in Iyov, 20:10.

2

Presumably, they are referring to the first day of Aveilus, which is d'Oraysa. (We normally translate "Onein" as a person whose deceased relative has not yet been buried).

2)

What is "Lo Achalti be'Oni mimenu" referring to?

1.

Rashi (in Shabbos, 25a) and Ramban: Although the Viduy in general pertains to all Ma'asros, 1 the prohibition against eating them during Aninus or when he is Tamei is confined to Ma'aser Sheini (and Neta Revai - Ramban) exclusively, 2 since they are both called Kodesh. 3

2.

Rashbam: It means that the owner did not eat from stolen fruit. 4

3.

Ma'aser Sheini, 5:12: It teaches us that if he ate from the Ma'aser Sheini whilst he was an Onein, he may no longer recite the Parshah of Viduy Ma'asros.


1

Sifri and Ma'aser Sheini, 3:10.

2

Terumah is included in the prohibition against Tum'ah, but not in that of an Onein (R. Chavel's notes on the Ramban).

3

Refer to 26:13:1:1. According to the Yerushalmi, this prohibition pertains to Bikurim. Refer to 26:13:3:3*.

4

Rashbam: As in Iyov, 20:10 and in Hoshe'a, 12:9.

3)

What is the word "Lo Achalti be'Oni Mimenu" coming to preclude?

1.

Yevamos, 74a: We learn via a Gezeirah Shavah "Mimenu" "Al Tochlu Mimenu Na" that, like the Korban Pesach, an Areil is not eligible to eat Ma'aser Sheini. 1


1

See Torah Temimah, note 65.

4)

Is an Onein permitted to drink Ma'aser Sheini wine?

1.

Yerushalmi Ma'aser Sheini, 5:1: Since it is obvious that the prohibiton against eating Ma'aser Sheini is due to the Simchah that accompaies Ma'aser Sheini, 1 it is obvious that "Lo Achlti" incorporates drinking - a proof thar 'Achilah' incorporates 'Shesiyah'.


1

See Torah Temimah, note 63.

5)

What are the implications of "ve'Lo Bi'arti Mimenu be'Tamei"?

1.

Rashi: It implies that he did not consume it be'Tum'ah - irrespective of whether he was Tamei and the Ma'aser Sheini was Tahor, or vice-versa. 1

2.

Yevamos, 74a: It teaches us, via a Gezeirah Shavah "Mimenu" "Mimenu" from Pesach, in Parshas Bo, 2 that an Areil is forbidden to eat Ma'aser Sheini.

3.

Yevamos, 73b: "The Gemara extrapolates from "Mimenu" that one is permitted to burn Terumah-oil that became Tamei (and benefit from it - Torah Temimah).

4.

Ma'aser Sheini, 5:12: It teaches us that if he separated the Ma'aser Sheini whilst he was Tamei, 3 he may no longer recite the Parshah of Viduy Ma'asros.


1

Rashi: Which we learn from "Lo Suchal Le'echol bi'She'arecha" - in 12:17, in connection with Pesulei ha'Mukdashin. See Rashi and Sifsei Chachamim.

2

See Torah Temimah, note 65.

3

See Torah Temimah, note 67.

6)

What is the word "Lo Bi'arti Mimenu" coming to preclude?

1.

Yevamos, 73b: It precludes T'rumah-oil which became Tamei - permitting it's use as fuel whilst it is being burned. 1


1

See Torah Temimah, note 66.

7)

What are the ramifications of "Lo Nasati Mimenu le'Meis"?

1.

Rashi and Targum Yonasan: It means that he did not use Ma'aser Sheini money for the purchase of a coffin or shrouds for a dead person. 1

2.

Rambam (Hilchos Ma'aser Sheini 3:10): It means that he did not spend it for things that do not sustain the body.

3.

Ramban #! (citing R. Akiva in the Sifri): "le'Meis" pertains to above - "Lo Achalti be'Oni


1

Refer to 26:14:151:1,2.

2

Ramban: This is difficult however, since the similar case with a live person is included in "ve'Lo Bi'arti mimenu be'Tamei"! (One can anoint a Meis without being Metamei the oil, - if there is less than a Revi'is (Avodah Zarah 31a, according to Rashi), or he bought, with Kesef Ma'aser, oil not from olives (only the seven liquids have Tum'ah

8)

What are the ramifications of "Shama'ti be'Kol Hashem Elokai"?

1.

Rashi: It means that the owner brought his Ma'aser Sheini and Neta Revai to the Beis-Hamikdash. 1


1

See Torah Temimah, note 74. This is difficult however, because, in that case, someone who redeems the Ma'aser Sheini and brings the money to Yerushalayim and someone who lives close to Yerushalayim, ought not to read the Parshah.

9)

Why does the owner add "Asisi ke'Chol asher Tzivisani"?

1.

Rashi: It is a declaration that he was happy with his Ma'aser Sheini and that he made others happy (by inviting them to join him when he ate it).

10)

Why does the Torah insert the word "ke'Chol asher Tzivisani"?

1.

Rosh (14:22): To teach us that Ma'asros are very precious to Hashem, to the point that they are equal to all the Mitzvos. 1


1

Rosh: In spite of the Pasuk in Va'eschanan, 6:16 "Lo Senasu es Hashem" ('Do not test Hashem'), the Navi writes in Mal'achi 3:10 regarding Ma'asros "u'Vechanuni Na be'Zos (Please test Me in this area) "Vaharikosi lachem B'rachah ad B'li Dai" ('And I will shower you with B'rachos until your lips will become weary from saying 'Enough')!

QUESTIONS ON RASHI

11)

Rashi writes 'I did not use it to buy a coffin or shrouds for a Meis.' But Ma'aser Sheini money may only be used to purchase food (Refer to 14:26:1:1), and one may not purchase such things even for a live person?

1.

Tosfos (Yevamos 73a) #1: R. Meir holds that Ma'aser Sheini is Hashem's property; he forbids clothing even for the living. Rashi is explaining according to R. Yehudah, who considers Ma'aser Sheini Chulin, and who therefore permits 1 purchasing non-ffods for for a living person.

2.

Tosfos (Yevamos 73a) #2: The Torah permits using it to buy clothing for the living. The Isur is only mi'de'Rabanan.


1

Tosfos ha'Rosh (Yevamos 73a): If one buys with it something inedible, the money keeps retains its Kedushah.

12)

Rashi writes 'I did not use it to buy a coffin or shrouds for a Meis.' But the Gemara in Yevamos, 74a, after suggesting this, concludes that it is coming to prohibit using Ma'aser Sheini itself to anoint a Meis?

1.

Riva #1 (citing R. Elyakim): The Gemara suggested that perhaps the Gemara forbids that exclusively, and concludes that "Mimenu" prohibits also using Ma'aser Sheini to anoint a Meis.

2.

Riva #2 (citing Tosfos Shantz): The Gemara suggested that perhaps "le'Meis" is needed to forbid only these [for a Meis, and we extrapolate that they are permitted for a Chai, but anointing is Asur [even for a Chai. We do not extrapolate a Heter to anoint a Meis because he uses it up be'Tum'ah]. And the Gemara concludes that "Mimenu" forbids also using Ma'aser Sheini itself (anointing). And not to a coffin or to shrouds.

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