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.

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

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(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.

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(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.

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(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?!

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(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.

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(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.

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(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).

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(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.

(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.

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(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.

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(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.

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(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.

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1.

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

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(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.

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(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.

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(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.)

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(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).

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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.

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(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).

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(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)?

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(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.)

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(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''...

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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.)

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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.

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(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?!

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(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.

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(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.

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(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?!