BECHOROS 49 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.

1)

PRODUCE THAT BECAME TAMEI (Yerushalmi Ma'aser Sheni Perek 3 Halachah 6 Daf 19a)

îùðä äì÷åç áëñó îòùø ùðèîà ééôãä øáé éäåãä àåîø é÷áø.

(a)

(Mishnah): Produce bought with Ma'aser Sheni money that became Tamei may be redeemed (even outside Yerushalayim). R. Yehuda says that it must be buried.

àîøå ìå ìøáé éäåãä îä àí îòùø ùðé òöîå ùðéèîà äøé æä ðôãä äì÷åç áëñó îòùø ùðéèîà àéðå ãéï ùééôãä.

(b)

(Chachamim to R. Yehuda): If Ma'aser Sheni produce that became Tamei may be redeemed; produce bought with Ma'aser Sheni money that became Tamei may certainly be redeemed.

àîø ìäï ìà àí àîøúí áîòùø ùðé òöîå [ãó ì òîåã á (òåæ åäãø)] ùëï äåà ðôãä áèäåø åáøéçå÷ î÷åí úàîøå áì÷åç îëñó îòùø ùàéðå ðôãä áèäåø åáøéçå÷ î÷åí.

(c)

(R. Yehuda to Chachamim): No. If you say it about Ma'aser Sheni itself that is redeemed even when it is Tahor, at a distance from Yerushalayim; would you also say it about produce bought with Ma'aser Sheni money that cannot be redeemed when Tahor, at a distance?!

öáé ùì÷çå áëñó îòùø åîú é÷áø òì éãé òåøå øáé ùîòåï àåîø ééôãä.

(d)

If a deer was bought with Ma'aser Sheni money and it died, it is buried with its skin. R. Shimon says that it may be redeemed.

ì÷çå çé åùçèå åðèîà ééôãä øáé éåñé àåîø é÷áø.

(e)

If he bought it live and slaughtered it and it became Tamei, it may be redeemed. R. Yosi says that it must be buried.

ì÷çå ùçåè åðèîà äøé äåà ìå ëôéøåú.

(f)

If he bought it slaughtered and it became Tamei, it would be like produce (and will follow the dispute at the beginning of this Mishnah).

äîùàéì ÷ð÷ï ìîòùø ùðé àòô''é ùâôï ìà ÷ðä îòùø.

(g)

If one lends containers to be used for Ma'aser Sheni wine, even if they were sealed, the containers do not acquire the Kedushah of Ma'aser Sheni.

æìó ìúåëï ñúí òã ùìà âôï ìà ÷ðä îòùø îùâôï ÷ðä îòùø

(h)

If Tevel wine had been poured into them and he declared it to be Ma'aser Sheni before sealing them, the containers do not acquire the Kedushah of Ma'aser Sheni. If it was declared after sealing them, they acquire the Kedushah.

òã ùìà âôï òåìåú áàçã åîàä îùâôï î÷ãùåú áëì ùäï.

(i)

Before sealing them, if they became mixed up with Terumah, they become negated when in 101 parts. After sealing them, (they cannot be negated and) they prohibit any amount.

òã ùìà âôï úåøí îàçú òì äëì [ãó ìà òîåã à (òåæ åäãø)] îùâôï úåøí îëì àçú åàçú.

(j)

Before sealing them, he may separate Terumah from one barrel for all of them. After sealing them, he must separate from each one separately.

á''ù àåîøéí îôúç åîòøá ìâú

(k)

(Beis Shammai): (In order to separate Terumah from one for all) he must open up all of the barrels and pour all of the wine into a vat.

åá''ä àåîøéí îôúç åàéðå öøéê ìòøåú.

1.

(Beis Hillel): He must open them but he need not mix them.

áîä ãáøéí àîåøéí áî÷åí ùãøëï ìéîëåø ñúåîåú (ñúåîåú) àáì áî÷åí ùãøëï ìéîëø ôúåçåú ìà éöà ÷ð÷ï ìçåìéï.

(l)

(The Mishnah taught earlier (h) that if Ma'aser Sheni was declared after sealing the containers, the containers acquire the Kedushah.) When is this the case? In a place where it's normal to sell closed containers, but if it's normal to sell them open, when he buys wine in Yerushalayim, the container does not become Chulin.

åàí øöä ìäçîéø òì òöîå ìîëåø áîéãä éöà ÷ð÷ï ìçåìéï.

(m)

(Even in a place where it's normal to sell closed containers) if the seller wishes to be stringent and sell the wine by measure, the container (does not follow the status of the wine and) remains Chulin.

øáé ùîòåï àåîø àó äàåîø ìçáéøå çáéú æå àðé îåëø ìê çåõ î÷ð÷ðéä éöà ÷ð÷ï ìçåìéï:

(n)

(R. Shimon): Even if a person said to his friend, "I am selling you this barrel aside from its container'', the container remains Chulin. (The container here means the barrel.)

âîøà îä èòîà ãøáé éåãä ëñó øàùåï åìà ëñó ùðé.

(o)

(Gemara): What is R. Yehuda's reasoning (that produce bought with Ma'aser Sheni money that became Tamei must be buried and is not redeemed? It was bought with Maaser money and its Mitzvah is completed, as the pasuk states (Devarim 14:25), "and bind up the money in your hand''. This applies to) the first coins but not the second coins (meaning that it can be redeemed once but not twice).

[ãó ìà òîåã á (òåæ åäãø)] àìà îï îä ãàéðåï îúéáéï ìéä î÷ì åçåîø äåà îåúéá ìåï î÷''å.

1.

And the reason that he did not respond to the Chachamim with this source is that since they asked with a Kal Vechomer, he responded with a disproof of the Kal Vechomer.

øáé éåñé áùí øáé éåçðï öáé òùå àåúå ë÷ãùé áã÷ äáéú ìèòåï äòîãä åäòøëä.

(p)

(R. Yosi citing R. Yochanan): The reason why the Mishnah taught that if a deer was bought with Ma'aser Sheni money and it died, it is buried with its skin (and it cannot be redeemed) is because they made a deer like Kodshei Bedek HaBayis that require standing and evaluation (which is impossible once it is dead).

øáé éøîéä áòé ÷åîé ø' æòéøä [ãó éè òîåã á] áäîä èîàä îäå ùúéèòï äòîãä åäòøëä.

(q)

Question (R. Yirmiyah to R. Zeira): Does a non-Kosher animal (that a person consecrated to the Bedek HaBayis and it died) require standing and evaluation (to be redeemed, which is impossible once it's dead)?

àîø ìéä àéìåìé ãàîø øáé éåñé áùí øáé éåçðï çéä èäåøä àéðä èòåðä äòîãä åäòøëä áäîä èîàä ìà.

(r)

Answer (R. Zeira to R. Yirmiyah): If R. Yosi would have quoted from R. Yochanan that a Kosher beast does not require standing and evaluation (since it cannot be used as a Korban), I would have said that the same applies to a non-Kosher animal. (But since R. Yochanan said that a Kosher beast does require it (earlier when he discussed a deer), so too a non-Kosher animal should require it.)

à''ø äéìà åúðé ëï (åé÷øà ëæ) åàí ááäîä äèîàä åôãä áòøëê.

(s)

Proof (R. Hila) (Baraisa): The pasuk states (Vayikra 27:27), "And if it is a non-Kosher animal, he may redeem it by paying the valuation''...

îä áäîä èîàä îéåçãú ùùåä ùòú ôãéåðä ìùòúä ÷ãéùä [ãó ìá òîåã à (òåæ åäãø)] àó àðé àøáä àú äîúä ùùåä ùòú ôãéåðä ìùòú ä÷ãéùä

1.

Just as a non-Kosher animal is special in that it is the same at the time redemption as it was at the time of its consecration; so too I will include a dead animal that a person consecrates, that its redemption is the same as its consecration (as it was dead at both times). (As a result, the redemption is effective even without standing and evaluation.)

åîåöéà àú ùàîø äøé æä ä÷ãù åîúä ùìà ùååú ùòú ôãéåðä ìùòú ä÷ãéùä.

2.

And I exclude a person who said "Behold this is Hekdesh'' and the animal then died, where its state at the time of its redemption is not the same as at the time of its consecration.

àîø øáé éåñé îúðéúà àîøä ëï çîåøä îåòìéï áä åáçìáä. åçìá ìàå ëîéúä äéà åëì ùäåà èòåï ôãéåï îåòìéï áå.

(t)

Proof (R. Yosi) (Mishnah in Maseches Meilah): (Proving that if one consecrates a dead animal, it can be redeemed) If one consecrated a (female) donkey to the Bedek HaBayis, there is a Meilah prohibition to benefit from it and its milk. Isn't milk like a dead animal (in that it cannot be stood and evaluated) and the rule is that anything that requires redemption can have a Meilah prohibition?!

àéï úéôúøéðéä ìùí äéìëåú îéúä ìà éëéì ãúðéðï çîåøä.

(u)

Rebuttal #1: The reason that milk is redeemable isn't because it is like consecrating a dead animal, or it would not have been taught together with a consecrated donkey.

à''ø çðéðà ÷åîé øáé îðà úéôúø ëø' ùîòåï ãøáé ùîòåï àîø ÷ãùé áã÷ äáéú àéï èòåðéï äòîãä åäòøä.

(v)

Rebuttal #2 (R. Chanina to R. Mana): That Mishnah is the view of R. Shimon who says that items consecrated to the Bedek HaBayis do not require standing and evaluating.

àîø ìéä àéï ëøáé ùîòåï ìîä ìé çîåøä àôéìå ùàø ëì áäîä:

(w)

Rejection of Rebuttal #2 (R. Mana to R. Chanina): If it is the view of R. Shimon, why did it mention specifically a female donkey - it would have been true for any animal?!