BECHOROS 46 (28 Iyar) - Dedicated in honor of the birthday of Neti Linzer.

1)

THE DISCUSSIONS OF BEIS HILLEL AND BEIS SHAMMAI (Yerushalmi Ma'aser Sheni Perek 3 Halachah 3 Daf 16b)

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(a)

(Beis Hillel to Beis Shammai): Don't you agree that produce that was not completed should have its Ma'aser Sheni redeemed and it can be eaten anywhere; and the same applies to produce that was completed!

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(b)

(Beis Shammai to Beis Hillel): No. For produce that isn't complete, he could declare it Hefker (ownerless) and thereby exempt it from Ma'asros. Would you say the same for produce that is complete, where he cannot declare it Hefker and exempt it from Ma'asros?!

(c)

(Beis Hillel to Beis Shammai): Even produce that is complete can be declared Hefker and exempted from Ma'asros.

1.

Proof: Baskets of figs and grapes for eating are completed - certainly they can be declared Hefker and exempted from Ma'asros.

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(d)

This shows that fig and date baskets for eating are considered completed.

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(e)

Rebuttal (Beis Shammai to Beis Hillel): (Returning to the Gemara's discussion of Beis Shammai and Beis Hillel) No. Produce that is not complete (that was brought into Yerushalayim) can have Ma'aser Sheni separated for them from elsewhere; but would you say it for produce that is complete that cannot?!

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(f)

This can resolve the question of R. Zeira (above Bechoros 45(e) - 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? 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?) The Beraisa teaches clearly that according to Beis Shammai, one may not separate from another pile.

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(g)

R. Chanina, R. Yonasan and R. Yehoshua ben Levi ascended to Yerushalayim. They received produce of Ma'aser Sheni and they wanted to redeem them.

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1.

An elderly woman said to them, "Your fathers would not do that. They would take them out of the walls of Yerushalayim and redeem them there.''

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2.

She reasoned that we view the (destroyed) walls as if they are standing. The Rabbis reasoned that we do not view them as if they are standing. She wanted to follow R. Yehoshua (that the Kedushah of the Beis HaMikdash is permanent) and they wanted to follow R. Eliezer.

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(h)

R. Pinchas would make his produce Tamei and he would redeem it (even in Yerushalayim). He was concerned for both of those opinions. (If there is still Kedushah, Tahor produce may not be redeemed there and it may also not be removed.)

' [ ] :

(i)

(R. Yaakov bar Idi and R. Yehoshua ben Levi): The Halacha follow the words of the student. (This refers to the statement in the Mishnah (see Bechoros 44(h)1.), that R. Shimon ben Yehuda cited from R. Yosi that Beis Shammai and Beis Hillel disagree over produce that was already complete - Beis Shammai say that he must return the Ma'aser Sheni to Yerushalayim and eat it there. Beis Hillel say that he may redeem it and eat it anywhere.

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(j)

(R. Zeira): (The Mishnah taught that Tevel of Demai may be taken in and out and then redeemed outside Yerushalayim.) This refers specifically to Tevel of Demai (where its Ma'aser Sheni has not yet been separated), but as for actual Ma'aser Sheni that was separated from Demai, once it was brought into Yerushalayim, the walls absorbed it and it must be eaten there.