12th Cycle Dedication

ERCHIN 11 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the twelfth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

VERBAL SEPARATION OF TITHES (Yerushalmi Maaser Sheni Perek 5 Halachah 4 Daf 31b)

.

(a)

(Mishnah) (R. Yehuda): Originally, messengers would be sent to the land owners in the provinces, saying, "Quickly rectify your produce before the time of Biur arrives". (This involves tithing and giving the Terumos and Maaseros to the correct recipients.) This was until R. Akiva came and taught them that all produce that had not reached the time of its tithing is exempt from Biur.

.

(b)

One whose produce was far from him (at the time of Biur) must verbally separate its tithes (thereby making the future recipients the owners).

. .

(c)

Once, Rabban Gamliel and the Elders were travelling by ship. Rabban Gamliel said, "The tenth that I will measure is given to R. Yehoshua and its location is rented to him. The other tenth that I will measure is given to Akiva to acquire for the poor and its location is rented to him."

[ ( )] :

(d)

R. Yehoshua said, "The tenth that I will measure is given to Elazar ben Azaria and its location is rented to him", and they received payment from each other.

.

(e)

(Gemara) Question: If the produce is still Tevel, why must Biur be done to it?

.

(f)

Answer (R. Hila citing Shmuel): This shows that Tevel is also called 'Holy' (as in the pasuk about Biur that says 'I have removed the Holy items from the house').

(g)

Tosefta (R. Yehuda): Once, Rabban Gamliel and the Elders were sitting on the steps of the Ulam (entrance hall) on Har HaBayis and Yochanan HaKohen, the Scribe, was sitting in front of them.

.

1.

They said to him - Write (the following) - 'To our brothers, the people of the Upper Galilee and the people of the lower Galilee, your peace should increase. We are informing you that the time of Biur for olives has arrived. Take out the Maaser from the place that you have collected the olives.'

.

2.

(In a second letter, write) - 'To our brothers, the people of the upper South and lower South. We are informing you that the time of Biur has arrived. Take out the Maaser from the piles of wheat.'

:

3.

(In a third letter, write) - 'To our brothers, the people of the exile of Bavel, Madai and Yavan and all of the other exiles of Yisrael, your peace should increase. We are informing you that the lambs are still tender (and not yet suitable for the Pesach offering), the chicks are still small (and not yet suitable for sacrifices for those that gave birth). It is correct before me and my colleagues to enact a leap year and add 30 days to this year.

.

(h)

(Returning to the story of Rabban Gamliel in our Mishnah) This shows that one may not give Maaser to the Kohen (as Rabban Gamliel gave the Maaser to R. Yehoshua ben Chananya, who was a Levi, rather than to R. Elazar ben Azaria, who was a Kohen)...?

.

(i)

Rebuttal: R. Yehoshua ben Chananya was there (and Rabban Gamliel didn't want to embarrass him by giving the Maaser to the Kohen).

[ ] .

(j)

(R. Chananya): Rabban Gamliel's actions show that one needs to make a Kinyan (act of acquisition, rather than merely verbally declaring the tithes).

[ ( )] " :

(k)

(R. Yehoshua): Rabban Gamliel made acquisitions through renting to them the land, as the produce was resting on the land. If it would have been in his utensils, even if they were in the home of R. Yehoshua (for example) it would not have been possible to make the acquisition).

.

(l)

(R. Redifah): There is a dispute between R. Yona and R. Yosi - one said that one who is able to take for himself (i.e. a poor man) can acquire for another; the other said that even one who is able to give (i.e. a rich man) can acquire for another.

()[] " ()[] ()[] ()[]

(m)

The one who said 'one who is able to give' would certainly say 'one who is able to take'; the one said 'one who is able to take' would say that 'one who is able to give' would not be able to acquire for another.

' " . ( ) [ [

(n)

Question: There is a Baraisa that is unlike the one who said 'one who is able to take' - "If a man said to a messenger, 'Accept this Get for my wife' or 'Take this Get to my wife', if he wants to retract, he may retract;

] ]

(o)

Answer: Since he is capable of receiving his young daughter's Get.

( ).[ [ ( )]

(p)

Question (Mishnah): "'Give this Get to my wife' or 'Give this freedom document to my slave'" - how could he accept the freedom document if he himself cannot be freed?

(q)

Answer: It is referring to a slave of another master accepting it on this slave's behalf.

]

(r)

Question: (If the messenger is a slave himself) can a slave take a Get?

[]

(s)

Answer: The messenger for the Get is not a slave.

.

(t)

Question: There is a Baraisa (in Maseches Maaseros) that is unlike the one who said 'one who is able to take' - "The 1/10th that I will separate (as Maaser Ani) is given to Akiva ben Yosef (to acquire on behalf of the poor) and its place is rented to him". Was R. Akiva able to take Maaser Ani?

. .

(u)

Answer: This occurred before he became rich. And even if it was after he was rich, he was the supervisor for the needs of the poor and the hand of the supervisor is like the hand of the poor themselves.

[ ( )] :

(v)

A statement of R. Yehoshua ben Levi - that R. Eliezer and the Chachamim disagree over a rich landowner but a poor one can acquire for another poor man, since he is able to acquire it for himself.