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YEVAMOS 86

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SUMMARY Rebbi Meir: Terumah is given to the Kohen and Ma'aser to the Levi. Rebbi Elazar: Ma'aser is also given to the Kohen. (1)   Even according to Rebbi Meir, a non-Kohen or non-Levi who eats Ma'aser is not Chayav Misah or a Chomesh.   Produce from which Terumah was separated but not Ma'aser, or Ma'aser but not Ma'aser Sheni or Ma'aser Ani, is Tevel. (2)   A married woman may appoint an agent to separate the Terumah and Ma'aser of her husband's produce. (3)   Ma'aser and Terumah are not distributed to the wife of a Kohen or Levi at the granary. (4)   In 24 places the Torah refers to the Kohanim as "Leviyim."   If a person eats Ma'aser Rishon while he is Tamei, he is not punished with Malkus.   Ma'aser Rishon was taken away from the Leviyim as a penalty for not returning to Eretz Yisrael in the times of Ezra.   The Amora'im dispute whether the Ma'aser that was taken from the Leviyim was given only to the poor, or also to the Kohanim. (5)   Originally, Shotrim (officers) were appointed only from the Leviyim, but later they were appointed only from Yisraelim.   A Bas Yisrael who is widowed from a Kohen may continue to eat Terumah if she has a son from him. (6) A BIT MORE 1. According to Rebbi Meir, Ma'aser is forbidden to anyone who is not a Kohen or Levi.   2. A person who eats Tevel is Chayav Misah b'Yedei Shamayim, even if all of the Ma'asros were separated from it except Ma'aser Ani.   3. However, an Arusah does not have the authority to appoint an agent to separate the Terumah and Ma'aser of the produce of her Arus.   4. This is because of the possibility of Yichud, or because of a Gezeirah that the produce will be distributed to a divorced woman who is no longer married to a Kohen or Levi.   5. Some say that it was given to the Kohanim so that the Kohanim would have food to eat when they are Tamei and cannot eat Terumah. The Kohanim are regarded as poor people when they are Tamei.   6. If she subsequently marries a Levi, she may eat Ma'aser. If she is widowed from him, she may continue to eat Ma'aser, if she has a son from him. If she subsequently marries a Yisrael, she may no longer eat Ma'aser. If she is widowed from him and she has a son from him, she may not eat Ma'aser. If the son from the Yisrael dies, she may eat Ma'aser. If the son from the Levi dies, she may eat Terumah. If the son from the Kohen dies, she no longer may eat Terumah.

BRIEF INSIGHT THE KENAS OF EZRA   The Gemara says that Ma'aser Rishon was taken away from the Leviyim as a penalty for not returning to Eretz Yisrael in the times of Ezra. The Ritva asks that according to Rebbi Akiva who rules that, Min ha'Torah, Ma'aser Rishon is given only to the Leviyim, how could Ezra institute a decree to give the Ma'aser to the Kohen and strip the owner of his Mitzvah to give it to the Leviyim? The Ritva answers that the law of "Hefker Beis Din Hefker" authorized the Rabanan to take the Ma'aser away from the Leviyim and put it in the possession of the Kohanim, making the Kohanim into agents of the Leviyim. Since the Kohanim are agents of the Leviyim, the Mitzvah is fulfilled by giving the Ma'aser to the Kohanim. QUICK HALACHAH MATNOS KEHUNAH AND LEVIYAH   The Leviyim may not take Ma'aser from the Kohanim. Similarly, regarding all of the Matnos Kehunah, one Kohen may not take it from another Kohen. Ezra penalized the Leviyim of his times that Ma'aser Rishon not be given to them, and decreed that it be given instead to the Kohanim, because the Leviyim did not ascend to Eretz Yisrael with him. (Rambam, Hilchos Ma'aser 1:4)   Even after Ezra penalized the Leviyim, the Leviyim do not have to give Ma'aser themselves to the Kohanim. (Radvaz)

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