PEREK LO YOMAR
1)

USING MAASER SHENI AS A FORM OF PAYMENT (Yerushalmi Ma'aser Sheni Perek 3 Halachah 1 Daf 14a)

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(a)

(Mishnah): A person shouldn't say to his friend, "Take this produce to Yerushalayim to divide''. Rather, he should say, "Take it to Yerushalayim so that we can eat and drink it there''. However, one may give another a gift.

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(b)

(Gemara): "A person shouldn't say etc.'' What's the difference whether he said "so that we can eat and drink'' or whether he said, "to divide''?

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(c)

(R. Zeira citing R. Yonasan): This is one of the Halachos of 'Imum'. (This phrase refers to a case that was without a clear reason to permit it but ultimately Chazal were lenient.)

(d)

(Mishnah in Maseches Sheviis 8:4): One who tells a laborer, "Here is an Issar (coin) - pick (Sheviis) vegetables for me today''; his wages are permitted. If he said, "Pick vegetables for me today in return for it'', his wages are forbidden.

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1.

It's permitted for a person to take a loaf from a baker worth a Pundion and said, "When I've picked field vegetables, I will bring them to you (as payment)''. But if he bought it from him (on credit) without explaining, he may not pay with Sheviis money, as one may not pay off debts with Sheviis money.

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(e)

Question: What's the difference whether he said, "pick for me today'' or "pick for me today in return for it''?

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(f)

Answer (R. Avin citing R. Yosi ben Chanina): This is one of the Halachos of Imum. (Chazal were ultimately lenient even though both cases should have been prohibited.)

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(g)

(Mishnah in Maseches Shabbos): A person may borrow wine jugs or oil jugs as long as he doesn't say, "Loan me''.

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(h)

Question: What's the difference whether he says "Loan me'' or "Lend me''?

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(i)

Answer (R. Zeira citing R. Yonasan): This is one of the Halachos of Imum.

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(j)

(R. Yaakov bar Acha citing R. Yonasan): The bread of gentiles is one of the Halachos of Imum.

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(k)

(R. Yosi): I asked R. Yaakov bar Acha - in what way was it from the Halachos of Imum - I say - was it in a place where Jewish bread was common, so bread of gentiles should have been prohibited, but they discussed it and permitted it; or was it in a place that Jewish bread was not common, so bread of gentiles should have been permitted, but they discussed it and prohibited it...?

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(l)

(R. Mana): Is there such a thing as Imum to prohibit? Isn't the decree of bread part of the decree of food of gentiles - but did we say that in a place where Jewish food isn't available, food of gentiles should be permitted, but the Chachamim came and 'Imumu' - said it was prohibited? Rather, in a place where Jewish bread is not available, the gentile bread should have still been prohibited, but the Chachamim permitted it because bread is a basic staple.

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(m)

(Rabbanan of Kisari citing R. Yaakov bar Acha): The Halacha is like this opinion that permits the bread of gentiles (when Jewish bread is not available), as long as it is baker's bread. However, those Rabbanan didn't themselves follow this leniency.

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(n)

(Baraisa): A person shouldn't say to his friend in Yerushalayim, "Take this barrel of wine from one place to another to divide'', as it as appears that he is receiving a portion for transporting it there.

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(o)

(R. Elazar): (The earlier Mishnah in Maseches Sheviis taught - It's permitted for a person to take a loaf from a baker worth a Pundion and say "When I've picked field vegetables, I will bring them to you (as payment)''. A Baraisa there teaches that R. Yehuda and R. Nechemia prohibit it.) This Baraisa (in Ma'aser Sheni) is the opinion of R. Yehuda and R. Nechemia.

[ ( )] ()[]. ()[]. .

(p)

Rebuttal: What's the case there? If he told him, "Give me a loaf worth a Pundion'' and he immediately gave him vegetables, all permit it. "Give me and I will give you'', all prohibit it. Rather, it's when he said, "Give me a loaf and I will certainly give you''...

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1.

R. Yehuda and R. Nechemia prohibit it, as they say that field vegetables are not so common. The Chachamim permit it as they say that field vegetables are common in Sheviis.

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(q)

Question: When he took the produce to Yerushalayim intending to consume them, could he then say, "Take your portion and I will take mine''?

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(r)

Question: When he says, "Take this barrel of wine to Yerushalayim and we will consume the barrel of oil that I have there'' - is it considered inviting him or since he isn't giving him the wine he brought, it's like paying him for his services?

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(s)

Question: (And similarly), may a person say, "Take this Maaser Behemah animal to Yerushalayim and we will eat it there''?

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(t)

Rebuttal: (Why would you say that Maaser Behemah is worse than Ma'aser Sheni?) Would you say that since it's permitted to sell Ma'aser Sheni, this is also permitted; then the same would apply to Maaser Behemah. And if it's prohibited to sell Ma'aser Sheni and this also is prohibited; the same would also apply to Maaser Behemah? That's incorrect, as even though it's prohibited to sell Ma'aser Sheni, this case is permitted; and the same applies to Maaser Behemah.

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(u)

Question: May a person say, "Take this live animal to Yerushalayim and we will eat the slaughtered meat that I have there''? (The Gemara leaves this question unanswered.)