1)

FURTHER LAWS OF A CHILD (Yerushalmi Terumos Perek 1 Halachah 1 Daf 4b)

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(a)

(Baraisa from R. Meir): A child's Terumah is never valid until he has two pubic hairs (which is a sign of physical maturity).

(b)

(R. Abba bar Kahana citing Rabbanan): The pasuk states (Bamidbar 18:27), "And your Terumah shall be considered for you'' - one whose thought is significant (e.g. an adult) may separate Terumah; one whose thought is not significant (e.g. a child) may not separate Terumah.

(c)

Question: A gentile's thought is not significant, but he can still separate?

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(d)

(R. Yudah citing R. Hila): 'And you shall not bear the sin for it' - one who will bear a sin for eating Terumah (a Jew, not a gentile) may give; one who doesn't bear his sin may not separate.

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(e)

Question: A gentile does not bear his sin (i.e. he does not receive lashes by Beis Din for his sins), but he can separate Terumah. And when R. Hoshiya taught that a gentile's thought is not significant, he was referring to his lack of ability to Machshir (prepare) fruits to be able to contract Tumah, by being happy that liquids fell onto the fruit. (See Vayikra 11:18). However, concerning Terumah, a gentile's thought is significant.

(f)

(R. Acha/ R. Chinana citing Rav Kahana): According to the one (R. Meir) who said that a child may not separate Terumah until he has two pubic hairs, he also cannot consecrate things to Hekdesh (even though he has reached the age of vows).

(g)

Question: Why didn't he also say that according to the one who says that he can separate Terumah, he can also consecrate?

(h)

Answer: It is because of R. Yehuda, who says that he may separate Terumah but not consecrate.

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(i)

(R. Yochanan): Even according to the one who said that a child may not separate Terumah, he may consecrate an Olah or Shelamim, but not a Chatas for eating Chelev (forbidden fats), since he's not obligated in a Chatas if he eats Chelev. Nor can he consecrate a Chatas for consuming blood, since he's not obligated in a Chatas if he consumes blood.

(j)

Question: Could a child bring the sacrifice for Ziva or Tzora'as? Since it's not an obligation, they don't bring; or since they can contract their Tumah, they could bring?

(k)

Answer: They certainly do bring.

(l)

Question: Could a child be an agent to bring another person's sacrifice for Ziva on their behalf? Since they can contract Tumas Ziva, they can also be an agent; or since they cannot be an agent for all other cases in the Torah, they also cannot be an agent here?

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(m)

Rejection of question (R. Yudan): What's the question? Even though the produce of a child is Biblically obligated in Terumos and Ma'asros, they still cannot act as agent to separate Terumos for others; here also, even though they can contract Tumas Ziva, they still should not be able to act as an agent to bring another person's Ziva sacrifice.

(n)

Question: (According to R. Yochanan above) can a child bring Bikurim?

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(o)

Answer: If the Tanna follows R. Yehuda in Bikurim that they are given to any Kohen (because they are like Terumah), a child would not be able to bring them. If he follows the Rabbanan, that they are given specifically to the Kohen of the Mishmar that is serving in the Temple at that time, they are like sacrifices and just as a child can consecrate Hekdesh, so too a child could bring Bikurim. (Note: As mentioned earlier, all of the cases discussed in this Gemara of a child consecrating, refer to a child who is of the age of Nedarim - aged 12 for a boy and aged 11 for a girl.)

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(p)

Question: Can a child bring a Chagigah offering which is an obligation on the three foot festivals? Since it's an obligation, he cannot bring it; or since it comes as a type of Shelamim, he could bring it?

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(q)

Question: Can a child bring a Pesach offering? Since it's an obligation, he cannot bring it; or do we say that a child could bring it, since R. Shimon ben Lakish said from R. Yehuda HaNasi that a person could bring a Pesach offering throughout the year and change it into a Shelamim?

(r)

Question: Can a child declare an animal to be Maaser Beheimah?

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(s)

Answer: If R. Meir reasons that the Torah compares Maaser Beheimah to Ma'asros of grain because of the phrase (Bamidbar 18:28), "from all of your tithes'' - just as a child cannot bring Maaser of grain, so too Maaser Beheimah.

(t)

Question: Can a child make a Temurah?

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(u)

Answer: If R. Meir reasons that the Torah compares Maaser Beheimah to Ma'asros of grain - just as a child cannot bring Maaser of grain, so too Maaser Beheimah. Just as he cannot bring Maaser Beheimah, so too he cannot make a Temurah (of Maaser Beheimah).

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1.

And if R. Meir follows R. Shimon (in Perek 2 of Maseches Temurah), who said that (the reason that) Maaser Beheimah (was singled out by the Torah to teach that one is able to make a Temurah of it, was) to teach about all other sacrifices concerning the laws of Temurah...

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2.

Conclusion: (If so, it can now be said about a child) - just he cannot bring Maaser of grain, so he cannot bring Maaser Beheimah. And just as he cannot bring Maaser Beheimah, so he cannot make a Temurah of it. And just as he cannot make a Temurah of it, so too he cannot make a Temurah of any sacrifices.

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(v)

Question: What would be the law concerning slaughtering outside the Temple a sacrifice consecrated by a child?

(w)

Answer (Kahana): One would not be liable (as his consecration isn't valid on a Torah level).

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(x)

(R. Yochanan and R. Shimon ben Lakish): One would be liable.

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(y)

Question: This ruling of Kahana contradicts the view of the Tanna R. Yehuda, who says that even according to Torah law, a child can exempt his own produce from being Tevel...?

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(z)

Answer: Kahana follows the view that in the times of the second Temple, they accepted upon themselves the obligation of separating Ma'asros (as according to the Torah, it would have been exempt, so R. Yehuda's view doesn't show that a child's sacrifice would be valid on a Torah level).