1)

DOES THE CONTAINER BECOME MAASER SHENI? (Yerushalmi Ma'aser Sheni Perek 3 Halachah 6 Daf 19b)

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(a)

(R. Zeira): (The Mishnah taught that if Tevel wine had been poured into them and he declared it to be Ma'aser Sheni after sealing them, they acquire the Kedushah.) The reason is that the Torah said that in the Mikdash (i.e. Yerushalayim), you should exchange Ma'aser Sheni coins to buy wine and beverages. Outside of Yerushalayim, you should collect Ma'aser Sheni produce to take to Yerushalayim.

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1.

Just as when a person buys closed containers of wine in Yerushalayim (when the norm is to sell wine in closed containers), the containers become Chulin (since they are secondary to the wine); so too outside Yerushalayim (the container becomes secondary to the wine and) the Kedushah of Ma'aser Sheni also falls on the container.

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(b)

(R. Chiya citing R. Yochanan): (The Mishnah taught that 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.) The Mishnah actually means that if before he sealed them, he declared the wine to be Ma'aser Sheni, the containers do not acquire the status of Ma'aser Sheni. If he declared the wine to be Ma'aser Sheni after he sealed them, the containers acquire the status of Ma'aser Sheni.

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1.

If he declared it Ma'aser Sheni before sealing them, they are annulled in 101 parts. If he declared it only after sealing them, any amount prohibits.

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2.

When is this? When they contain wine, but if they contain oil, whether he declared it before or after he sealed them, the containers do not acquire the status of Ma'aser Sheni. Similarly, whether before or after he sealed them, they are annulled in 101 parts. And similarly, whether before or after he sealed them, he may separate Terumah from one for all of them (as they are all considered together, even if they are all sealed).

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(c)

Question (R. Chananya): (The Mishnah taught that Beis Shammai says that (in order to separate from one for all) he must open up all of the barrels and pour all of the wine into a vat.) How is it different to five open sacks in a threshing floor, where it is certainly permitted to tithe from one for another?

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(d)

(R. Yehoshua ben Levi): Rather, Beis Shammai and Beis Hillel only disagree about the law of the first Mishnah (about the sealed container of Chulin wine, bought with Ma'aser Sheni money, but not about separating Terumah from one sealed container to another).

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(e)

(R. Ba): They disagree over the second case (of the Terumah separated from one sealed container for another - meaning that R. Chananya's question from the five sacks still remains.)

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(f)

(Baraisa): If he said, "I have a Reviis of Chulin in this barrel'', the container becomes Chulin.

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(g)

(R. Chiya citing R. Yochanan): The Mishnah proves (that we follow his stipulations), as it says, "R. Shimon says that even if a person said to his friend, "I am selling you this barrel aside from its container'', the container remains Chulin.''

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