1)

CONSIDERING THE FIRST OF TWO STATEMENTS (Yerushalmi Demai Perek 7 Halachah 6 Daf 32b)

úîï úðéðï äøé æä úîåøú òåìä åúîåøú ùìîéí äøé æä úîåøú òåìä ãáøé ø"î

(a)

(The Gemara continues the discussion from the end of last piece, that R. Meir says that you only consider the first of two contradictory statements...) as it was taught in a Mishnah (Maseches Temurah) -R. Meir said - If a person said, "This animal is the Temurah (replacement) of an Olah and the Temurah of a Shelamim offering, it is the Temurah of an Olah.

[ãó òá òîåã á (òåæ åäãø)] à"ø éåñé äåéðï ñáøéï îéîø îä ôìéâåï øáé îàéø åøáðï ìàçø ëãé ãáåø àáì áúåê ëãé ãáåø ìà.

(b)

(R. Yosi): We were thinking that R. Meir and Rabbanan disagree when the second phrase was said after Toch Kedei Dibur (the amount of time it takes to say the words 'Shalom Alecha Rebbi'); but within that time, there is no disagreement (and even R. Meir agrees that both phrases are valid).

îï îä ãà"ø àìéòæø ø"î äéà äãà àîøä àôéìå áúåê ëãé ãáåø àéðå çåæø áå

1.

But from that which R. Elazar said, that our Mishnah is R. Meir, this means that even (if he made the declarations on the produce) within Toch Kedei Dibur, he cannot retract (and only the first declaration is valid).

ãúðé îòùøåúéäï îòùøåú ëìëìä áçáéøúä ÷øà ùí îôðé ù÷áò á' ùîåú ëàçú äà æä àçø æä àéï àú úåôù àìà øàùåï øàùåï áìáã

2.

As the latter case of the Mishnah said - 'If he said, "The Maaseros of these - each basket's Maaseros are in the other", he has thereby declared (their tithes).' Why? Because he has established both declarations at the same time. But if they were consecutive, you only consider the first one.

à"ø àáéðà (îåãéï çëîéí ìø"î)[îåãä ø"î ìçëîéí] áàåîø (úøåîä)[úîåøä] æå úçú[éäï] (ùðé) (çééá)[çééìé ùúéäï] áäîä æå úçú (æáçéí) ùðé [æáçéí àìå] (çééá)[çééìé ùðéäí] îôðé ù÷áò ùðé ùîåú ëàçú äà æä àçø æä àéï àú úåôù àìà øàùåï øàùåï áìáã

(c)

(R. Avina): R. Meir agrees with the Chachamim when a person says, "This is Temurah in their (i.e. the Olah and the Shelamim's) place" that both take effect. Or if he said, "This animal is in place of these sacrifices", that both take effect, because he established both designations at the same time. But if they were consecutive, you only consider the first one. (Note: This text was adjusted by the Vilna Gaon and others.)

ìà ëï à"ø ùîåàì áø øá éöç÷ áùí øá äåðà àîø æå úîåøú òåìä çåæø áå àôé' áúåê ëãé ãáåø

(d)

Question: (According to our conclusion earlier in (b), R. Meir agrees that if both phrases were said Toch Kedei Dibur, they are both valid and he cannot retract or change) Didn't R. Shmuel bar Rav Yitzchak say in the name of Rav Huna that if a person said, "This is a Temurah of an Olah", he may change it within Toch Kedei Dibur...?

ëàï áîúëåéï ìôçåú ëàï áîúëåéï ìäåñéó

(e)

Answer: In Rav Huna's case, he intends to reduce (the Kedusha of the Temurah from a Olah to a Shelamim; so he may change his mind); here, in R. Meir's law, he intends to add (by keeping the status of Olah and adding the status of Shelamim to it).

àîø äøé æå úøåîä àôéìå áúåê ëãé ãáåø àéðå çåæø áå àãí ðùàì òì ä÷ãéùå [ãó òâ òîåã à (òåæ åäãø)] åàéï àãí ðùàì òì úøåîúå

(f)

(Rav Huna continues): If a person said, "This is Terumah", even within Toch Kedei Dibur, he cannot retract. (Because) a person can ask to annul his Hekdesh (declaration) but he cannot ask to annul his Terumah (declaration).

[ãó ìâ òîåã à] ëéöã äåà òåùä

(g)

(Our Mishnah taught - If he said, "The Maaseros of these - each basket's Maaseros are in the other", he has thereby declared (their tithes).) What must he now do (to actually physically separate the tithes)?

ðåèì òùøéí úàðéí îàéæä îäï ùéøöä åëì òùø ãéñá àéú áäåï úøåîú îòùø

(h)

Answer (Baraisa): He takes 20 figs from whichever basket he wishes (as Maaser Rishon). Each ten that he takes contains Terumas Maaser (so he takes any two of those 20 as Terumas Maaser).

òã ëãåï áùååú

(i)

So far, we have been discussing when the baskets are equal (in the number of figs). What if they are not equal?

äéä áæå îàä åáæå îàúéí [ãó òâ òîåã á (òåæ åäãø)] àí ìùí îàä äåà ðåèì àçú òùøä àí ìùí îàúéí äåà ðåèì ùìùéí úàðéí

(j)

Baraisa continues: If there were 100 in this basket and 200 in the other, if he is separating for the 100 (by taking from the 200), he must take out 11 as Maaser Rishon. But if he is separating for the 200 as well, he must take out 30 figs.

áæå îàä åáæå àìó àí ìùí îàä äåà ðåèì ðåèì (çîù)[àçú] òùøä àí ìùí àìó äåà ðåèì àôéìå äåà ðåèì àú ëåìä àéðå îùìéí

1.

If there were 100 in this and 1000 in the other, if he is separating for the 100, he must take out 11. But if he is separating for the 1000 as well, even if he takes the whole amount (as Maaser Rishon), it will not be enough (to complete the Maaser Rishon tithe).

îé ùéù ìå ëìëìä åäåà îá÷ù ìòùø' ðåúï ùðé úéùåòéï åúùåò ùì úùåò ùäï òùø îòùø åúùò îòùø ùðé

(k)

Baraisa: If a person has a basket (of 100 fruits) that he wishes to tithe, (in order to give Maaser Rishon and Maaser Sheni) he should give two-ninths (2/9th) and a ninth of a ninth (1/81st) which makes 10 fruits of Maaser Rishon and 9 fruits of Maaser Sheni.

åéàîø úùò òùøä

(l)

Question: Why didn't the Baraisa just say '19'?

à"ø æòéøà ãáøé çëîéí åçéãåúí

(m)

Answer (R. Zeira): It's a fulfillment of the pasuk 'the words of the Chachamim and their riddles'. (They taught it this way to teach something else as well...)

äøåöä ìäëðéñ îàä úàðéí îúå÷ðå' ìúåê áéúå äøé æä ðåèì òì ëì úàéðä åúàéðä ùðé úéùåòéï åúéùåò ùì úéùåò ùäï òùøéí åùìù úàéðé' àøáòä åàçã úéùåòå ùì úéùåò:

1.

A person who wishes to bring 100 fixed up figs into his house - for each fig he should take two-ninths (2/9th) and a ninth of a ninth (from other Tevel figs) - which is 23 figs and 4/9th of a fig and a ninth of a ninth (1/81st) of a fig.