BECHOROS 51 (4 Sivan) - Dedicated in memory of the family members of Mr. David Kornfeld (Rabbi Kornfeld's father) who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), his brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), his grandfather (Reb Yakov Mordechai ben Reb David Shpira) and his aunt (Charne bas Yakov Mordechai Shpira, wife of Reb Moshe Aryeh Cohen z'l).

PEREK HAMOLICH
1)

REDEMPTION ACCORDING TO THE LOCAL VALUE (Yerushalmi Ma'aser Sheni Perek 4 Halachah 1 Daf 20b)

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(a)

(Mishnah): If one takes Ma'aser Sheni produce from a place where it's expensive to a place where it's cheap, or vice-versa, he redeems it according to its value in the place of redemption.

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(b)

One who brings produce from the threshing floor to the city or jars of wine from the wine press to the city, the appreciation belongs to Ma'aser Sheni and the expenses are taken from his pocket.

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(c)

One redeems Ma'aser Sheni according to the lower value - meaning according to the price the shopkeeper pays rather than the retail price; or according to the price the money changer buys smaller denominations rather than the price he gives smaller denominations.

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(d)

One may not redeem Ma'aser Sheni in a heap (without measuring it exactly). If its value is known, it is redeemed based on the evaluation of one. If its value is unknown, it is redeemed based on the evaluation of three. Examples are wine that formed a film, produce that began to rot and coins that became rusty.

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(e)

(Gemara) (R. Yona): 'One who takes Ma'aser Sheni produce...' This was only discussing one who already took it from place to place, but ideally, this is not permitted (as it must either be redeemed in his location or brought to Yerushalayim). It also specifically refers to Ma'aser Sheni produce, but as for produce that requires having Ma'aser Sheni separated, it is permitted to move it from place to place.

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(f)

Support: It's like the case of Rebbi who had produce that required its Ma'aser Sheni separated, both in his location and in a place called Kutnayan. He used the cheaper produce in Kutnayan to tithe the more expensive produce at home and redeemed them according to their value in Kutnayan.

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(g)

(Baraisa): One may redeem according to the cheaper price, whether that was in the original place or a second place.

(h)

Question: If it was expensive and was cheaper in the second place, it's understandable; but when it was originally cheaper and then increased in the second place, why should he not redeem it according to its higher value?

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(i)

Answer: Since we are lenient in allowing him to act cunningly and exempt it from the extra fifth; we counterbalance it by being stringent here.

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(j)

Baraisa (Abba bar Chilfai bar Kerayah): (When the Mishnah taught that he redeems it according to its value in the place of redemption) it was referring to certain Tevel, but as for Demai, whether its price decreased or increased, it's sold for the lower price.

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(k)

Question: Why? Is it because he should have redeemed it when the produce was cheap or because it can be returned to its original place?

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(l)

What's the practical difference between the two? If they became more expensive in their original place - if the reason was because he can return them there (to where they are cheap), they've increased in price! If it was because he should have redeemed them there, that still applies.

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(m)

Answer: R. Chiya bar Vava was once in Rome and he saw the Jews there redeeming Nikalusa figs from Eretz Yisrael according to the low price they cost in Eretz Yisrael. He said, "Whoever ruled for you this way was following Abba Chilfai bar Kiruya (who was lenient above with Demai to redeem it according to the lowest price, since if they would need to be brought back to Eretz Yisrael, they would rot).

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(n)

(Tosefta): A person may profit (from 2 Sela of Ma'aser Sheni) until the value of a Shekel, i.e. 1/4 of the value of the coins he has (since there are two Shekels in a Sela).

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(o)

How is this? A Dinar here is worth 200 (or more accurately 192) Perutos. In Adabel, a Dinar is worth 250 Perutos and it would cost 50 Perutos to transport them from here to Adabel. In such a case, it would be permitted to transfer the Kedushah of 250 Perutos here onto a Sela (which is their value in Adabel, thereby profiting 50 Perutos, which is a quarter. However, it would be prohibited to profit more than a quarter.) (Note: Some texts have the name Arbel rather than Adabel, which seems to refer to the ancient town, west of Tiveria.)