1)

REDEEMING PEROS BOUGHT WITH KESEF MA'ASER [Ma'aser Sheni: redemption]

(a)

Gemara

1.

48b Question (Mar Zutra brei d'Rav Mari): We find Tafel Chamur Min ha'Ikar (we are more stringent about what is secondary than about what is primary). Peros of Ma'aser Sheni can be redeemed, but Peros bought with Kesef Ma'aser (money on which Peros Ma'aser Sheni were redeemed) cannot be redeemed!

i.

(Mishnah): If Peros bought with Kesef Ma'aser became Tamei, they may be redeemed;

ii.

R. Yehudah says, they must be buried.

iii.

(Inference: Even Chachamim permit redemption only if they are Tamei (but not if they are Tahor and far away). Shitah Mekubetzes deletes this entire line from the text.)

2.

Answer: That is not a stringency of Peros bought with Kesef Ma'aser. Rather, its Kedushah is too weak to transfer onto money! (We find that it is harder to redeem Peros worth less than a Perutah than Peros worth more than a Perutah.)

3.

Mishnah (Ma'aser Sheni 3:10): Chachamim answered R. Yehudah 'if Ma'aser Sheni itself became Tamei, it can be redeemed. All the more so, Peros bought with money of Ma'aser Sheni can be redeemed if they became Tamei!

i.

R. Yehudah: You cannot learn from Ma'aser Sheni itself, for it can be redeemed far away (i.e. outside Yerushalayim), but Tahor Peros bought with money of Ma'aser Sheni cannot be redeemed far away!

4.

Pesachim 38a - Question (Reish Lakish): May one be Yotzei with Matzah of Chalah bought with Kesef Ma'aser in Yerushalayim? (Matzah must be Kosher to eat anywhere.)

i.

We do not ask according to Chachamim. Since it has a (potential) Heter everywhere (if it became Tamei), one is Yotzei with it just like with Chalah of Ma'aser itself. We ask according to R. Yehudah, who says that it must be buried.

ii.

Do we say, since had it not been bought with Ma'aser money (rather, it itself was Ma'aser), and since had he not made it Chalah, it could have been permitted anywhere if it became Tamei and was redeemed, also now he is Yotzei with it? Or, perhaps we apply since only once!

5.

Answer (Rava): Presumably, all Ma'aser is the same. (Just like one is Yotzei with Ma'aser Chulin, one is Yotzei with Chalah of what was bought with Kesef Ma'aser).

6.

Bava Metzia 44b (Mishnah #1 - Beis Shamai): If one has Sela'im of Ma'aser Sheni, he may not convert them to Dinarim;

7.

Beis Hillel permit.

8.

(R. Yochanan or Reish Lakish): They argue about converting silver Sela'im to gold Dinarim. Beis Shamai expound "ha'Kesef" - the first money (on which Peros were redeemed) must be brought to Yerushalayim, not second money (on which the first money was redeemed);

9.

Beis Hillel hold that "ha'Kesef" includes (permits) second money.

(b)

Rishonim

1.

Rambam (Hilchos Ma'aser Sheni 7:1): Peros bought with Kesef Ma'aser Sheni cannot be redeemed far away unless they became Tamei through an Av ha'Tum'ah. Rather, the Peros themselves are brought to Yerushalayim and eaten there.

i.

Ri Korkus: The Mishnah and Gemara connote that all agree that Tahor Peros bought with money of Ma'aser Sheni cannot be redeemed far away.

ii.

Kesef Mishneh: The Rambam rules like Chachamim.

2.

Rambam (2): In this way, Peros bought with Ma'aser money are more stringent than Ma'aser Sheni itself. If they became Tamei through a Vlad ha'Tum'ah, they are redeemed and eaten in Yerushalayim.

i.

Ri Korkus: We discuss a Vlad ha'Tum'ah mid'Rabanan. Since mid'Oraisa it is Tahor, it cannot be redeemed. Chachamim said that it can be redeemed and eaten outside when it became Tamei through an Av ha'Tum'ah. When it became Tamei through a Vlad ha'Tum'ah, since it is Tamei mid'Rabanan, it is redeemed. Since mid'Oraisa it is Tahor and cannot be eaten outside, for it cannot be redeemed, therefore one must eat in Yerushalayim. This is clear from Pesachim 38a.

ii.

Radvaz: When it became Tamei through an Av ha'Tum'ah, no Kedushah remains. Therefore, one may redeem it and eat it outside Yerushalayim. If it became Tamei through a Vlad ha'Tum'ah, some Kedushah remains. Therefore, we redeem it and eat it in Yerushalayim. This is like Beis Hillel say in the Mishnah, that everything may be redeemed and eaten outside, except for what became Tamei through a Vlad ha'Tum'ah inside. We find Tafel Chamur Min ha'Ikar in many places. Here there is a good reason. Ma'aser is redeemed in order to buy with its money meat, wine, and everything that one desires. However, if one bought Peros outside Yerushalayim in order to eat them in Yerushalayim, it is as if he bought in Yerushalayim. Redemption far from Yerushalayim when they are Tahor does not apply to them. This reason suffices even according to the opinion that does not make Tafel Chamur Min ha'Ikar.

3.

R. Shlomo Siriliyo (on Yerushalmi Ma'aser Sheni 3:6): If one bought needs of a meal from Kesef Ma'aser, he showed that it is not hard for him to take the food to Yerushalayim, for (he knows that) he cannot eat it outside Yerushalayim, therefore they fined him that he must take it up and he cannot redeem it, for this would disgrace the Ma'aser Sheni. I explained that it is an Isur Torah (to redeem it).

i.

Or Some'ach (and Ridvaz, Yerushalmi Pesachim 19a): The Rambam's words allude to Zevachim 49a. His law about what became Tamei is from the Yerushalmi Ma'aser Sheni 3:5. Beis Shamai say that even what became Tamei through an Av ha'Tum'ah may not be eaten outside, lest people say that what is bought with Kesef Ma'aser may be eaten outside. R. Mani says that since (entering) the walls (of Yerushalayim) are Kolet (forbid redeeming the Peros outside), and buying (with Kesef Ma'aser) is Kolet, we apply the law of what entered to what is bought. This explains the difference between becoming Tamei through an Av ha'Tum'ah and a Vlad ha'Tum'ah.

4.

Tosfos (38a DH R. Yehudah): R. Yehudah expounds "Kesef" - the first money, not the second money. Therefore, what is bought with Kesef Ma'aser cannot be redeemed when Tahor far away. Likewise, it cannot be redeemed Tamei inside, for both of these are learned from "Lo Suchal Seiso." Chachamim do not expound 'the first money, not the second money.' What is bought with Kesef Ma'aser can be redeemed when Tahor far away, or when Tamei inside. The Rashba asks from Zevachim, in which we say 'what is bought with Kesef Ma'aser can be redeemed only if it is Tamei, but not if it is Tahor.' This refers to far away, in which case Ma'aser itself can be redeemed. If not, this is not Tafel Chamur Min ha'Ikar! The Ri answered that mid'Rabanan it cannot be redeemed.

i.

Tzlach (38a DH Mahu): The Rambam wrote that one is Yotzei with Matzah of Ma'aser Sheni in Yerushalayim. He did not mention Chalah of Ma'aser Sheni. This is because he wrote (Hilchos Ma'aser Sheni 2:9) that Klitah of the walls is mid'Rabanan. Therefore, also Chalah of Ma'aser can be eaten anywhere (mid'Oraisa, through redemption). Reish Lakish asked according to the opinion that Klitah is mid'Oraisa. We must say that Klitah is mid'Rabanan even for Peros that grew in Yerushalayim. If not, the Rambam should have taught about Chalah of Ma'aser of those Peros! However, why didn't he teach about Chalah of what was bought with Kesef Ma'aser? This has no Heter even when Tahor outside Yerushalayim. Reish Lakish's question applies! Even though surely one is Yotzei with it, like Rabah answered, the Rambam should have explicitly said so. Perhaps since the Isur to redeem what was bought with Kesef Ma'aser is only mid'Rabanan, like Tosfos says, we cannot say 'it is not eaten everywhere.' Perhaps if one redeemed it outside, it may be eaten outside!

ii.

Chazon Ish (Demai 3:6 DH v'Laku'ach): Mid'Oraisa, what was bought with Kesef Ma'aser cannot be redeemed far away. We challenged R. Yehudah from this, because it is Tafel Chamur Min ha'Ikar, and answered that its Kedushah is too weak to transfer onto money. It is clear from the Sugya that all this is mid'Oraisa. This refers to what was bought in Yerushalayim. What was bought outside Yerushalayim may be redeemed mid'Oraisa. R. Meir (Demai 1:2) says that the Peros can be redeemed. If mid'Oraisa it cannot be redeemed, R. Meir would not be lenient about Demai (Peros bought from an ignoramus; it is considered Safek Ma'aser), for he eats Ma'aser Sheni outside Yerushalayim! The Ra'avad (4:2) explicitly says that it is redeemed even regarding Vadai Ma'aser. Mid'Rabanan it must be taken to Yerushalayim. Even though Klitah is mid'Rabanan, what was bought with Kesef Ma'aser cannot be redeemed because this is its final Mitzvah, or because its Kedushah is too weak to transfer onto money. What is bought outside Yerushalayim must be taken to Yerushalayim, so it has only Kedushas Damim, like Kesef Ma'aser, so mid'Oraisa it can be redeemed. This is why R. Meir is lenient about Demai. The Yerushalmi says that any case in which Demai can be redeemed l'Chatchilah, Vadai is redeemed b'Di'eved.

iii.

Chazon Ish (7): It seems that the Rambam holds that if what was bought with Kesef Ma'aser was redeemed outside Yerushalayim, even b'Di'eved it is not redeemed. He says that if it became Tamei through a Vlad ha'Tum'ah, it is redeemed and eaten in Yerushalayim, because mid'Oraisa it is Tahor and it was not redeemed. If redemption works b'Di'eved, one may eat it outside! Rather, even though mid'Oraisa it is redeemed and mid'Rabanan it is Tamei, Chachamim were stringent not to eat it without redemption. However, they were not lenient to consider it Tamei (to say that the redemption works), even if it is only mid'Rabanan that cannot be redeemed. However, the Ra'avad (4:2) holds that b'Di'eved it is redeemed..

5.

Tosfos (49a DH v'Harei): Rashi explains that R. Yehudah makes Tafel Chamur Min ha'Ikar. He holds that what is bought with Kesef Ma'aser cannot be redeemed even if it is Tamei, whereas Tamei Ma'aser can be redeemed in Yerushalayim, for it says "Lo Suchal Seiso" (you cannot eat it). The Sifri says that he expounds 'the first money, not the second money.' In Bava Metzia, we expound "Kesef:" to permit converting Sela'im to gold Dinarim. We can distinguish. Here, the redemption was totally finished. If it was Tahor, it could not be redeemed. Some texts here say 'only if it is Tamei, but not if it is Tahor.' The question is from Chachamim, who never allow redeeming Tahor Peros bought with Ma'aser money, even outside of Yerushalayim. The Tosefta supports Rashi, for Chachamim challenge R. Yehudah for making Tafel Chamur Min ha'Ikar. According to Rashi, Chachamim do not hold that Tafel Chamur Min ha'Ikar. Ma'aser can be redeemed ouy in order to buy food in Yerushalayim. What was bought with Kesef Ma'aser outside Yerushalayim in order to eaten in Yerushalayim cannot be redeemed outside, just like one cannot redeem what is bought in Yerushalayim.

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