1)

STRINGENCIES OF MA'ASER AND BIKURIM OVER TERUMAH (Yerushalmi Bikurim Perek 2 Halachah 2 Daf 7b)

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(a)

(Mishnah): There are [stringencies] of Ma'aser and Bikurim that do not apply to Terumah;

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1.

Ma'aser and Bikurim must be brought to the place [of the Mikdash], and they require Viduy, and they are forbidden to an Onen; R. Shimon permits [to an Onen]. They are obligated in Bi'ur; R. Shimon exempts.

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2.

Any amount of them forbids eating [a mixture outside Yerushalayim, if now it is] in Yerushalayim (for it is Davar she'Yesh Lo Matirin). [If they were planted,] Giduleihem (what grows from them) are forbidden to eat [outside Yerushalayim, if now they are] in Yerushalayim, even to Zarim (regarding Bikurim) and even to animals (regarding Ma'aser). R. Shimon permits.

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(b)

These apply to Ma'aser and Bikurim, but not to Terumah.

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(c)

(Gemara): They must be brought to the place, for it says "v'Haveisem Shamah Oloseichem v'Zivcheichem v'Es Ma'aseroseichem v'Es Terumas Yedchem'';

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Terumas Yedchem is Bikurim, for it says "v'Lakach ha'Kohen ha'Tene mi'Yadecha'';

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(d)

They are obligated in Bi'ur, for it says "Bi'arti ha'Kodesh Min ha'Bayis.''

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(e)

Question: This teaches about Ma'aser. What is the source for Bikurim?

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(f)

Answer (R. Yakov bar Acha citing R. Lazar): "Ha'Kodesh'' refers to the Kodesh in the previous Parshah (Parshas Bikurim precedes Parshas Viduy Ma'aser).

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(g)

They require Viduy, for it says "v'Amarta Lifnei Hash-m Elokecha.''

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(h)

Question: This teaches about Ma'aser. What is the source for Bikurim?

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(i)

Answer: This is like R. Yakov bar Acha citing R. Lazar said [above], "ha'Kodesh'' refers to the Kodesh in the previous Parshah.

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(j)

They are forbidden to an Onen, for it says "Lo Achalti b'Oni Mimenu.''

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(k)

Question: This teaches about Ma'aser. What is the source for Bikurim?

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(l)

Answer: This is like R. Yakov bar Acha citing R. Lazar said [above], "ha'Kodesh'' refers to the Kodesh in the previous Parshah.

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(m)

Question: Our Mishnah taught all these matters, and R. Shimon argues. About Viduy, he does not argue? (If he agrees that "ha'Kodesh'' refers to Bikurim, he should agree about all the matters!)

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(n)

Answer: Viduy is Keri'ah. R. Shimon does not argue, for it says "v'Anisa v'Amarta.'' (The Makshan thought that he agrees that the Viduy written about Ma'aser includes Bikurim. The answer is, reciting Parshas Bikurim is called Viduy - SHENOS ELIYAHU.)

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(o)

Our Mishnah means that any amount of them forbids eating [a mixture outside Yerushalayim, if now it is] in Yerushalayim, and R. Shimon permits. Giduleihem are forbidden [if now they are] in Yerushalayim, and R. Shimon permits, and even to Zarim (regarding Bikurim) and even to animals (regarding Ma'aser), R. Shimon permits, and even Rabanan agree with him. (Our Mishnah said 'R. Shimon permits' after 'even to Zarim and animals'; really he permits also mixtures and Gidulim, which were taught before this.)

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(p)

Source: [We know this] from what he challenged them 'do you not agree that [outside Yerushalayim, Gidulei Bikurim] are permitted to Zarim and [Gidulei Ma'aser] are permitted for animals to eat? (They are not Davar she'Yesh Lo Matirin, for there are two Isurim - the eater is forbidden, and also the place.) Is there a Mechitzah for where Zarim may eat [Gidulei Bikurim] and where animals may eat [Gidulei Ma'aser]?! Just like there is no Mechitzah for Zarim and animals, there is no Mechitzah for people [to eat Gidulei Ma'aser] and Kohanim [to eat Gidulei Bikurim].

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1.

Rabanan say, [Gidulim that one may eat in] Yerushalayim, they made it like Davar she'Yesh Lo Matirin. Just like you say that Davar she'Yesh Lo Matirin, any amount forbids [a mixture], similarly Yerushalayim forbids any amount (i.e. to eat Gidulim outside. However, Rabanan agree when there are two Isurim, i.e. outside Yerushalayim regarding Bikurim to a Zar and Ma'aser to an animal.)

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2.

What do R. Shimon and Rabanan argue about? They argue about Gidulim, but a mixture, even R. Shimon agrees [that any amount forbids. We explained this based on SEFER NIR.]

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3.

Source (Beraisa - R. Shimon): About which Ma'aser did they say [that any amount forbids a mixture]? It is Tahor Ma'aser Sheni that entered Yerushalayim and left... (once it had Matirin, any amount forbids a mixture, even after it leaves and has no Matirin).

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4.

Support (Beraisa, in the name of R. Shimon): There is a stringency in Ma'aser [over Bikurim and Terumah], that Ma'aser forbids the money paid for it, and its mixture, and its bottles (in which it was put), and its Safek mixture of any amount, and one may not light it.

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(q)

Question: Even for Gidulim we should say so! What is the difference between Gidulim and a mixture? (We explained this like GRA.)

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(r)

Answer: A mixture, [the Kodesh] is intact. Gidulim, [the Kodesh] was already Batel.

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(s)

Limitation: When does R. Shimon agree to Rabanan? It is for a mixture of Ma'aser, but a mixture of Bikurim, they are like Gidulim.

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(t)

Support: So R. Shimon used to say, Bikurim do not forbid their mixture and their Gidulim from eating them in Yerushalayim.

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(u)

Question: What is the difference between Ma'aser and Bikurim?

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(v)

Answer: Ma'aser has no Aliyah (we do not separate from the mixture the amount of Ma'aser that fell in). Bikurim have Aliyah (he must give to Kohanim the amount of Bikurim that fell in, lest he steal from them).

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(w)

Inference: Since R. Shimon agrees to Rabanan about a matter without Aliyah, (he holds that in a matter with Aliyah, when we remove, we remove the Kodesh that fell in. Therefore,) R. Shimon agrees that the Se'ah [of Bikurim removed] from the [mixture of] 100, it requires Mechitzah (eating within Yerushalayim) and it requires Kehunah (only they may eat it);

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1.

Rabanan say, all [of the mixture] requires Mechitzah and requires Kehunah. (We explained this like SHA'AREI TORAS ERETZ YISRAEL.)