YEVAMOS 86 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
YEVAMOS 86 - Dedicated by Reb Mordechai Rabin (formerly of London, now of Yerushalayim).

[86a - 46 lines; 86b - 40 lines]

1)[line 5]משמיה דגמראMI'SHEMEI DI'GEMARA- according to a tradition that he received in the name of Rebbi Meir

2)[line 12]טובלתTOVELES- causes the produce from which it is yet to be removed to be forbidden as Tevel, for which the punishment for eating is Misah b'Yedei Shamayim

3)[line 17]מעשר שניMA'ASER SHENI / MA'ASER ANI

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop.

(b)After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.


4)[line 5]בעשרים וארבעה מקומות נקראו כהנים לויםB'ESRIM V'ARBA'AH MEKOMOS NIKRE'U KOHANIM LEVIYIM- there are twenty-four places in the Tanach where Kohanim are called Leviyim. The Kohanim actually descend from the tribe of Levi. RASHI (Chulin 24b) suggests that they were called "Leviyim" because they "serve" in the Beis ha'Mikdash, and the word "Levi" also means "to serve," as in the verse "v'Yilavu Alecha v'Yesharsucha" - "and they will be joined to you and will serve you" (Bamidbar 18:2). See Insights for a discussion of these 24 instances.

5)[line 10]דלא בעי חומהD'LO BA'I CHOMAH- it does not have to be eaten within a walled city (like Ma'aser Sheni, which must be eaten inside Yerushalayim)

6)[line 11]גינתאGINESA- garden

7)[line 13]אהדריה לפתחא לבי קבריAHADREI L'FISCHA L'VEI KIVREI- he moved the entrance to the garden so that it opened onto a cemetery. (According to the Yerushalmi there were originally two entrances and he closed the one that did not open onto the cemetery.)

8a)[line 14]בתרמילוB'TARMILO- (O.F. bolzole?) a leather bag in which a shepherd carries his food, and on which he sleeps; alt. (O.F. boteile) a small leather pouch

b)[line 14]עקיבא בתרמילוAKIVA B'TARMILO- Akiva [has come] with his shepherd's purse [in order to collect the Ma'aser Rishon for the poor]

c)[line 14]ואנא חייVA'ANA CHAYEI- (a) how will I remain alive (because of the loss of provisions)? (b) while I am still alive? [I have a tradition from Ezra ha'Kohen (from whom I am a tenth-generation descendent), who fined the Leviyim of his time and decreed that Ma'aser Rishon be given to the Kohanim!] (MAHARSHA)


(a)All Kohanim, whether male or female, are entitled to eat Terumah. However, when a Bas Kohen marries a Yisrael she loses her right to eat Terumah, and she is considered a Zar (non-Kohen), who is prohibited from eating Terumah (that is, her husband is "Posel" her from eating Terumah). Should her Yisrael husband divorce her or die, she may eat Terumah as before, as long as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).

(b)With regard to a Bas Yisrael, the converse is the Halachah. From birth, she is prohibited from eating Terumah as are all Zaros. If she marries a Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she has no children from him, the prohibition for her to eat Terumah returns. If she does have a child from him, she continues to eat Terumah in the merit of her late husband, the father of her child (ibid.).

(c)Not only children can cause a woman to eat Terumah or make a woman unfit to eat Terumah (as if she were still married), but this Halachah applies to grandchildren or any other descendents, male or female, no matter whether they are Kohanim, Yisraelim, or even Mamzerim. (For example, the wife of a Kohen has a Yisrael grandchild from her daughter, she eats Terumah because of him.) Descendents that are slaves or maidservants (such as if her son had relations with a maidservant), however, are not considered descendents with regard to the above-mentioned Halachos of eating Terumah (MISHNAH Yevamos 69b). The Halachah that children are Ma'achilim and Poslim applies even if the children were born out of wedlock (ibid.).

(d)A wife is termed the "Kinyan" ("possession") of her husband, and eats Terumah because of him (if she is a Bas Yisrael) or is prohibited from eating Terumah because of him (if she is a Bas Kohen), from the moment she becomes an Arusah (betrothed) to him, even before their Nisu'in (marriage). However, the Chachamim decreed that an Arusah may not eat Terumah. The Amora'im argue as to the reason for this decree: (1) Some claim that the reason is lest a Bas Yisrael give a cup of Terumah wine to her brothers or sisters, since she still lives and eats in her father's house while she is an Arusah. (2) Others state that the reason for the decree is because of "Simfon," that is, her intended husband might yet find a blemish in her that will render the betrothal a "Mekach Ta'us" (a mistaken acquisition), in which case she is retroactively not betrothed to him (Kesuvos 57b). Originally the Chachamim ruled that an Arusah is permitted to eat Terumah even before her marriage if 12 months have elapsed since the betrothal, since the husband is required to provide for her support at that time. Afterwards, they reconsidered and decreed that she not eat Terumah at all until the marriage.

(e)Even the slaves of Kohanim eat Terumah because of their master, since they are his possessions.