1)

BRINGING TEVEL INTO YERUSHALAYIM (Yerushalmi Ma'aser Sheni Perek 3 Halachah 3 Daf 16b)

øùá''ì àîø [ãó ëå òîåã à (òåæ åäãø)] æàú àåîøú éøåùìéí òùå àåúä ëçöø áéú ùîéøä. îä çöø áéú ùîéøä èåáìú àó æå èåáìú.

(a)

(R. Shimon ben Lakish): (The Mishnah taught (Bechoros 45(f)) that if produce was completed and it was taken through Yerushalayim, its Ma'aser Sheni must be returned and eaten in Yerushalayim.) This shows that Yerushalayim is viewed as a guarded courtyard. Just as a guarded courtyard makes it Tevel (meaning that it is now obligated in Terumos and Ma'asros and one may no longer snack on it without tithing); so too Yerushalayim makes it Tevel.

à''ø éåðä áãéï äéä àôé' áúéí ùùí ìà éèáéìå ùäï ùì ëì éùøàì.

(b)

Question (R. Yona): If so, even bringing it into a house in Yerushalayim shouldn't obligate it from the Torah, since (Yerushalayim wasn't divided amongst the tribes and) a person's house belongs to all of Klal Yisrael (rather than to him and it therefore cannot obligate)...?

àìà æàú àåîøú éøåùìéí òùå àåúä ëçöø áéú ùîéøä îä çöø áéú ùîéøä úåôñú àó æå úåôñú.

1.

Rather, Yerushalayim is viewed as a guarded courtyard - just as a guarded courtyard 'takes hold of produce', so too Yerushalayim 'takes hold of produce' (meaning that it takes hold of the Ma'aser Sheni that is inside the Tevel and it can no longer be removed and must be eaten there).

à''ø [éåðä] äãà àîøä ëøé ùäåà èáåì ìøàùåï åìùðé àí äúøå áå îùåí ùðé ìå÷ä.

(c)

(R. Yona): If so, this teaches that if a pile was Tevel (because of its obligation to separate) Maaser Rishon and Sheni; if he was warned (outside Yerushalayim) not to eat it because it contains Ma'aser Sheni, he could incur lashes for eating it.

äúéá øáé îðà åäúðéðï á''ù àåîøéí éçæåø îò''ù ùìäï åéàëì áéøåùìéí àéú ìê îéîø òì ãáéú ùîàé ìå÷ä

(d)

Question (R. Mana): Our Mishnah taught concerning produce that was incomplete and was brought into Yerushalayim, that Beis Shammai say that the walls absorbed it and the Ma'aser Sheni must be eaten there. Could you say that according to Beis Shammai, he incurs lashes if he then eats it outside? (Since the produce is incomplete, there is no Ma'aser Sheni yet in the produce.)

àìà çåîø äåà áîçéöåú àåó äëà çåîø äåà áîçéöåú.

1.

Rather, it's a stringency they gave to treat it as if the walls absorbed it. So too completed produce, even though they are not actually viewed as if the Ma'aser Sheni was separated, they were stringent to say that the walls absorbed it and it must be eaten in Yerushalayim.

øáé æòéøà áòé äôøéù òìéå ùðé îî÷åí àçø ðôèø àå ëáø úôñúå îçéöä.

(e)

Question (R. Zeira): If a person separated Ma'aser Sheni from another pile that had not been brought into Yerushalayim for a pile that had, is the pile inside now exempt from Ma'aser Sheni and need not be returned to Yerushalayim? Or do we say that once it was brought in, the walls already 'took hold' of the Ma'aser Sheni in the Tevel and it must be separated from that Tevel rather than from another pile?

øáé éåðä áòé òùä ëåìå ùðé ìî÷åí àçø ëåìå ðúôù àå ìà ðúôù àìà àçã îòùøä ùéù áå:

(f)

Question (R. Yona): (In the opposite case) If a person declared all of the Tevel he brought into Yerushalayim to be Ma'aser Sheni for other Tevel that was no brought in, does it fully take effect or does only 1/10th of it become Ma'aser Sheni? (The Gemara leaves these two questions unanswered.)

äà ñìé úàðéí ìàëéìä åñìé òðáé ìàëéìä âîø îìàëä äï:

(g)

(The Mishnah taught (Bechoros 44(g)) that if they were brought in when they were not yet complete, for example, baskets of grapes to be used for pressing or figs for drying...) This shows that baskets of figs for eating and baskets of grapes for eating are considered complete.