ZEVACHIM 100 (10 Av) - Dedicated by Rabbi Kornfeld's mother, Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel loved Torah and worked to support it with, literally, his last ounce of strength. He passed away on 10 Av 5740.

1)

FURTHER CASES THAT REQUIRE TITHING (Yerushalmi Perek 3 Halachah 3 Daf 13b)

îùðä äîåöà ôéøåú áãøê åðèìï ìàëìï åðîìê ìäöðéò ìà éöðéò òã ùéòùø [ãó ëç òîåã à (òåæ åäãø)] àí îúçéìä ðèìï áùáéì ùìà éàáãå ôèåø

(a)

(Mishnah): One who finds fruits on the road and he took them to eat and later decided to store them away; he may not store them unless he first tithes. If originally, he took them merely to prevent them from being wasted (but he had no intent to acquire them) he is exempt from tithing.

ëì ãáø ùàéï àãí øùàé ìîåëøå ãîàé ìà éùìç ìçáéøå ãîàé

(b)

Anything that a person may not sell as Demai, he should not send it to his friend as Demai.

øáé éåñé îúéø áåãàé åáìáã ùéåãéòðå:

(c)

R. Yosi permits it when it is definite, as long as he informs them that it's definite Tevel.

âîøà úðé àéï îòáéøéï òì äàåëìéï

(d)

(Gemara) (Baraisa): One may not pass by food (in the street without picking it up).

øáé éò÷á áø æáãé áùí øáé àáäå äà ãîø áøàùåðä àáì òëùéå îåúø îôðé äëùôéí

(e)

(R. Yaakov bar Zavdi citing R. Avahu): That was originally, but nowadays, it is permitted, since the food left in the street might have been harnessed for witchcraft.

úîï úðéðï ääåôê àú äâìì áøùåú äøáéí åäåæ÷ áäï àçø çééá áðæ÷å

(f)

(Mishnah in Bava Kama): If someone moved a compost heap in a public domain and someone else collided with it and was damaged, the first person is liable to pay the damages.

úðé åàñåøéï îùåí âæì

(g)

(Baraisa): And there was a prohibition of theft on the heap (so when this person moved it, he acquired it).

ëäðà àîø åäåà ùäôëä òì îðú ìæëåú áä àáì àí äôëä òì îðú ùìà ìæëåú áä ìà áãà åìòðééï ðéæ÷éï ìà (áãà) ùðééà áéï äôëä òì îðú ìæëåú áä áéï ùäôëä òì îðú ùìà ìæëåú áä åäåæ÷ áäï àçø çééá áðæ÷å åäëà àú àîø äëï

(h)

Question (Kahana): He only acquired it if that was his intention. But in terms of damages, his intention makes no difference - he is still liable. So how could the Mishnah here say that if he doesn't want to acquire the fruit, he can leave it without tithing?

àîø øáé àáéï úîï ëúéá áòì äáåø éùìí áòì äðæ÷ éùìí áøí äëà òùø úòùø îùìê àú îòùø åàéï àú îòùø îùì àçøéí:

(i)

Answer (R. Avin): There, the pasuk states (Shemos 21:34), "The owner of the pit shall pay" - the one who damaged must pay; here the pasuk states (Devarim 14:22), "You shall surely tithe" - you must only tithe your own produce, but not another's produce.

ëì ãáø ùàéï àãí øùàé ìîåëøå ãîàé ìà éùìç ìçáéøå ãîàé îéãä ã÷ä ùàéï àãí øùàé ìîåëøä ãîàé ìà éùìç ìçáéøå ãîàé îéãä âñä ùàãí øùàé ìîåëøä ãîàé éùìç ìçáéøå ãîàé:

(j)

Anything that a person may not sell as Demai, should not be sent to someone as Demai. A small quantity that may not be sold as Demai should not be sent as Demai. A large quantity that a person may sell as Demai may also be sent to someone as Demai.

[ãó ëç òîåã á (òåæ åäãø)] øáé éåñé îúéø áåãàé áéï ã÷ä áéï âñä åàåñø áãîàé áã÷ä

(k)

R. Yosi permits it with definite Tevel, whether a small or large quantity and prohibits Demai in a small quantity.

[ãó éã òîåã à] øáé àáäå áùí øáé éåçðï îôðé âéãåøå äúéøå ãîàé áâñä ãå îúðé' øáé éåñé àåîø ñìé úàðéí åñìé òðáéí å÷åôåú ùì éø÷ ëì æîï ùäåà îåëøå àëñøä ôèåø

(l)

(R. Abahu citing R. Yochanan): Why did Chazal exempt a large quantity from Demai? Since the seller doesn't earn much when selling a large quantity, they exempted him from separating. This explanation can be seen in a Mishnah in the 2nd Perek - R. Yosi says that fig baskets, grape baskets and boxes of vegetables - as long as he sells them through estimation (rather than size), they are exempt (as he doesn't earn much through estimation).

àîø øáï ùîòåï áï âîìéàì ùìç ìé øáé éåñé áé øáé àúøåâ åàîø ìé æä áà áéãé î÷éñøéï åìîãúé áå â' ãáøéí ùäåà åãàé ùäåà èîà ùìà áà áéãå àçø

(m)

Tosefta (R. Shimon ben Gamliel): R. Yosi bei Rebbi sent me an Esrog with a message that it had come from Kisarin. I learned 3 things from this - that's it's definite Tevel, that it's susceptible to Tumah (as it must have become wet) and that R. Yosi had no other Esrog other than this with which to separate Maaseros for it...

ùäåà åãàé ùôéøåú ÷éñøéï åãàé ùäåà èîà ùîøáéöéï òìéå îéí ùìà áà áéãå àçø ùàéìå áà áéãå àçø äéä îòùø îæä òì æä

1.

'It's definite Tevel' - as the produce of Kisarin is definite Tevel; 'it's susceptible to Tumah' - because they sprinkle water on it; 'that R. Yosi had no other Esrog...' - as if he would have had another, he would have separated Maaseros for it.

åéòùø îîðå òìéå

(n)

Question: Why didn't R. Yosi separate a part of the Esrog for the Esrog itself (before he sent it)?

ãå çùù ìäãà ãáø ÷ôøà ãáø ÷ôøà àîø àéï ãøê áðé àãí ìäéåú îùìçéï ìçáéøéäï ãáøé' çñéøéï

(o)

Answer: He was concerned for the teaching of Bar Kapara, who said that it is not accepted practice to send incomplete items as gifts.

åìà îúðé' äéà øáé éåñé îúéø áåãàé áìáã ùéåãéòå

(p)

Question: (How do you know that he only had one Esrog?) Doesn't our Mishnah teach that R. Yosi permits sending definite Tevel, as long as he informs them what it is?

àúà îéîø ìê àò"â ãå ôìéâ òì øáðï ìà òáã òåáãà ëååúé'

(q)

Answer: Rabban Shimon came to teach that even though R. Yosi disagrees with the Rabbanan (and permits sending definite Tevel; but if he could tithe it) he would not act on his own ruling.

øáé æòéøà áòé ÷åîé øáé éñà åìà îôéøåú ùäï îåúøéï á÷éñøéï äåà

(r)

Question (R. Zeira to R. Yasa): Why was the Esrog Tevel - isn't the produce of Kisarin exempt?

[ãó ëè òîåã à (òåæ åäãø)] à"ì åìà øáé äúéø ÷éñøéï åøùá"â ÷åãí ìøáé äéä:

(s)

Answer: It was Rebbi who permitted Kisarin and Rabban Shimon ben Gamliel preceded him.