MENACHOS 12 (11 Elul) - Dedicated by Rabbi Mordecai Kornfeld and family l'Iluy Nishmas Rabbi Kornfeld's father, Reb Aharon David ben Mordechai Kornfeld, an exceptional person in all respects - in honor of his first Yahrzeit.

PEREK HAMAZMIN
1)

DECLARING TITHES BEFORE SHABBOS (Yerushalmi Demai Perek 7 Halachah 1 Daf 29b)

îùðä äîæîéï àú çáéøå ùéàëì àöìå åäåà àéðå îàîéðå òì äîòùøåú àåîø îòøá ùáú îä ùàðé òúéã ìäôøéù ìîçø äøé äåà îòùø åùàø îòùø ñîåê ìå æä ùòùéúé îòùø òùåé úøåîú îòùø òìéå åîòùø ùðé áöôåðå àå áãøåîå åîçåìì òì äîòåú:

(a)

(Mishnah): If a person is invited to his friend for a meal and he doesn't trust him to separate Maaseros, he should say before Shabbos, "Whatever I will separate tomorrow shall be (1/10th of the) Maaser and what is around it should be the other 9/10th. But whatever I made Maaser should be the Terumas Maaser for the rest of the Maaser and its Maaser Sheni should be on its northern or southern side and it should be redeemed onto coins.

âîøà à"ø éåçðï îúðéúï áãîàé äà áååãàé ìà

(b)

(Gemara) (R. Yochanan): The Mishnah is referring to Demai, but if it is definite Tevel, it may not be done.

äà îúðé' (æå) àîø àôéìå áåãàé áúðéðï úîï äéå ìå úàðéí ùì èáì áúåê áéúå åäåà ááéú äîãøù àå áùãä àéï úéîø áãîàé àðï ÷ééîéï ìéú éëåì ãúðéðï äéå ãîàé

(c)

Question: But there is a Mishnah (later in this Perek) that allows it even for definite Tevel - If a person had Tevel figs in his house and he was in the Beis Midrash or in the field...(he may make a stipulation)...? You cannot say that it is discussing Demai, as the latter part of that Mishnah explicitly teaches Demai...?

[ãó ñä òîåã á (òåæ åäãø)] îä à"ø éåçðï áãîàé ìà áåãàé ìà àîø àìà îúðéúà áãîàé

(d)

Answer: Did R. Yochanan teach that the Mishnah discusses Demai and not definite? He only said that it is more suitable for Demai (although it is still valid for definite).

îä áéï ãîàé åîä áéï åãàé ãîàé àãí îúðä òì ãáø ùàéðå áøùåúå åãàé àéï àãí îúðä àìà òì ãáø ùäåà áøùåúå

1.

What's the difference between Demai and definite Tevel? For Demai, a person may stipulate on something that he doesn't possess; for definite Tevel, it is only if he possesses it.

øáé éðàé äåä ìéä úðàé åãàé ùàì ìøáé çééà øåáà îàé îú÷ðà áùáúà à"ì (ãáøéí ëå) ìîòï úìîã ìéøàä àú ä' àìäéê ëì äéîéí åàôéìå áùáú.

(e)

R. Yannai made a stipulation on definite Tevel. He asked R. Chiya the Great about making this stipulation on Shabbos. R. Chiya answered him from a pasuk that discusses Maaser (Devarim 14:23), "...in order that you shall learn to fear Hash-m your G-d all of the days" - (Maaser may be taken) even on Shabbos (which is achieved by making a stipulation before Shabbos and then actually separating on Shabbos).

îäå ãçîú îé÷ì áìùé úìåé áé

(f)

Question #2 (R. Yannai): What was the significance of my seeing a tax collector's staff hanging from me in a dream?

à"ì òúéã àú ìäðäéâ ùøøä òì éùøàì.

(g)

Answer (R. Chiya the Great): In the future you will be in a position of power over Jews.

øáé äåùòéà äéä ìå úðàé åãàé çãà àéúà áùìä éø÷ àðùééú îú÷ðúä àúú ìðáé øáé äåùòéà åùìç ìæáãé áï ìåé ãéú÷ï ìéìà.

(h)

R. Hoshiya had made a stipulation on definite Tevel. There was a woman in his area who had cooked her Tevel vegetables before Shabbos and forgotten to tithe. On Shabbos she came to R. Hoshiya asking what to do. R. Hoshiya used his own stipulation to appoint Zavdi ben Levi to tithe for her (by separating Maaseros from R. Hoshiya's own vegetables).

[ãó ì òîåã à] øáé áà áø îîì áòé åìà äåä æáãé áø ìåé öøéê îéæëéà ìøáé äåùòéà áéø÷à.

(i)

Question (R. Ba bar Mamal): Didn't Zavdi bar Levi need to acquire the vegetables for R. Hoshiya before being able to tithe them?

øáé æòéøà áòé îä ðï ÷ééîéï àé áùéù ìå úðàé òìéå åòì àçøéí àéðå öøéê ìæëåúå áéø÷à [ãó ñå òîåã à (òåæ åäãø)] åàí áàéï ìå úðàé (ìà)[àìà] òìéå åìà òì àçøéí öøéê ìæëåúå áéø÷

(j)

Question (R. Zeira): What exactly was the case? If his stipulation included others, he would not have needed to acquire the vegetables beforehand; and if his stipulation was only for his own produce, then Zavdi would have needed to acquire the vegetables for R. Hoshiya. (Since he didn't, this shows that R. Hoshiya's stipulation included others.)

øáé éò÷á áø æáãé áùí øáé àáäå àéúúáú åìà æëé æáãé áï ìåé ìøáé äåùòéà áéø÷à

(k)

(R. Yaakov bar Zavdi citing R. Abahu disagrees): The question was asked and the answer was that Zavdi did not acquire for R. Hoshiya.

à"ø éðàé öøéê ùéäà æëåø úðééå

(l)

(R. Yannai): A person must remember his stipulation when he comes to separate on Shabbos.

ùîòåï áø ååà áùí øáé éåçðï åöøéê (ìäçìéè)[ìäìçéù] áùôúéå

(m)

(Shimon ben Vava citing R. Yochanan): He must repeat his stipulation when he comes to separate.

øáé øîéä áòà ÷åîé øáé æòéøà åìà ðîöà ëîú÷ï áùáú

(n)

Question (R. Remiya to R. Zeira): Isn't he doing an act of Tikun (fixing) on Shabbos (if he repeats it)?

à"ì (àãçé úðàé)[àãäúðä]

(o)

Answer (R. Zeira): It's permitted since he already stipulated.

øáé éøîéä áòà ÷åîé øáé æòéøà åàéðå àñåø îôðé àåáãï àåëìéí

(p)

Question (R. Yirmiyah to R. Zeira): Isn't it forbidden because he is wasting food (meaning that he must waste the Terumas Maaser that he separates, rather than leave it with the Am HaAretz who might eat it)...?

à"ì îôøøå ëì ùäåà

(q)

Answer (R. Zeira): He doesn't destroy it; he merely crumbles it into small pieces that the Am HaAretz won't eat.

øáé éøîéä áòà ÷åîé øáé æòéøà åàéðå àñåø îùåí âæì

(r)

Question (R. Yirmiyah to R. Zeira): Isn't he tithing from that which was given to him by his host as food, which is a form of theft?

à"ì øåöä äåà ùéäà ìå ðçú øåç.

(s)

Answer (R. Zeira): The Am HaAretz is assumed to agree to his guest tithing.

îéìéäåï ãøáðéï ôìéâéï ãà"ø ùîåàì áø øá éöç÷ øáé åøáé éåñé áé øáé éäåãä ðúàøçå àöì áòì äáéú àçã àæì ìéùðà áéùà à"ì äá ãòúê ãàéðåï îçùãåðê éúéá ìé îòééðé ìåï åäååï òáãéï ðôùéï îæø÷éï àéìéï ìàéìéï åîú÷ðéï. åàéðå øåöä äðçú øåç.

(t)

The words of Rabbanan disagree with this, as R. Shmuel bar Yitzchak said that Rebbi and R. Yosi bei R. Yehuda were guests of a certain host. Someone went and spoke disparagingly to the host and said, "Keep your eyes on them and you'll see that (they are tithing your food, because) they suspect you of not tithing. The host sat and studied their actions and they were throwing small pieces of food one to another, in the form of a game (as a facade to their tithing). Why wasn't he happy that they were tithing for him?

øåöä äåà àìà ãìà áòé ãçùãåðéä:

(u)

Answer: He was happy, but didn't want them to suspect him.

úðé øáé éäåãä àåñø. [ãó ñå òîåã á (òåæ åäãø)] îä èòîà ãøáé éåãä åéù àãí îúðä òì ãáø ùàéðå áøùåúå. îåãä øáé éåãä ùäåà äåìê åìå÷ç îî÷åí ùì÷ç æä åîòùøï. åéù àãí îôøéù òì ãáø ùàéðå ùìå.

(v)

Question: The Mishnah taught that there is a stipulation that one can make. A Baraisa teaches that R. Yehuda disagreed and did not allow the stipulation. Why did he say this? Can a person stipulate about something not in his possession? However, R. Yehuda agrees that a guest may go and buy produce from the same place that his host bought and then tithe from what he bought. But how could a person tithe for something that is not his?

øáé àáäå áùí øáé éåçðï òùå àåúå ëîåëø ôéøåú èáåìéï ìçáéøå

(w)

Answer (R. Abahu citing R. Yochanan): They viewed him like one who sells Tevel fruits to his friend. (in a case where there is no choice, Chazal allowed a person to separate from his produce for his friend...)

ëäãà ãúðé äîåëø ôéøåú èáåìéï ìçáéøå äøé æä øõ àçøéå åîú÷ðå. ìà îöàå àí éãåò ùäôéøåú ÷ééîéï îòùø òìéäï åàí ìàå àéðå öøéê ìòùø òìéäï ñô÷ ÷ééîéï ñô÷ àéï ÷ééîéï îòùø òìéäï å÷åøà ùí ìîòùøåúéäí:

1.

Proof (Tosefta): If a person sold Tevel produce to his friend, he must chase after him to tithe. If he didn't find him, if he knows that some of the fruit still exists, he should tithe for them (from his own produce). And if not, he does not need to tithe for them. If he is doubtful if some still exists, he should tithe for them (Terumas Maaser) and declare the rest of the Maaser on his friend's fruits. (This proves that if necessary, one may declare another person's fruits to be Maaseros.)