TODAY'S LAWS & CUSTOMS:
• COUNT "FORTY-TWO DAYS TO THE OMER" TONIGHT
Tomorrow is the forty-second day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer for tomorrow's date tonight, after nightfall: "Today is forty-two days, which are six weeks, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day is Shavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Malchut sheb'Yesod -- "Receptiveness in Connection"
The teachings of Kabbalah explain that there are seven "Divine Attributes" -- Sefirot -- that G-d assumes through which to relate to our existence: Chessed, Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
TODAY IN JEWISH HISTORY:
• PASSING OF R. SAADIA GAON (942)
Iyar 26 is the yahrtzeit (anniversary of the passing) of Rabbi Saadia Gaon (892?-942), author of Emunot V'deot, one of the earliest works of Jewish philosophy. ("Gaon" was the title given to the leading Sages of Babylonia in the post-Talmudic period).
Links:
More on R. Saadia
A story
• PASSING OF RAMCHAL (1747)
Rabbi Moshe Chaim Luzzato (known by the acronym "Ramchal"), philosopher, kabbalist and ethicist, was born in Padua, Italy, in 1707. At a very early age, he began to study Kabbalah under the tutelage of Rabbi Moshe Zacuto, one of the foremost Kabbalists of his generation. While still in his twenties, he authored numerous works of Torah scholarship, including Derech Hashem ("The way of G-d"), a systematic exposition of the fundamentals of Judaism.
In 1735, Luzzatto left his native Italy and, avoiding public life, set up shop as a gem cutter in Amsterdam. His fame nevertheless caught up with him, and in 1740, (at the turn of the Jewish century 5500), he published his most famous work, Mesilat Yesharim ("Path of the Just"). Like many other great men of his age, Luzzatto longed for the Holy Land, and in 1743 he settled in Acco. He was not to enjoy a long stay there, however, and on Iyar 26, 5507 (1747), at the age of 39, he and his entire family died in a plague. According to most traditions, he was buried in Tiberias, next to the tomb of Rabbi Akiva.
• PASSING OF R. EIZIK OF HOMEL (1857)
Rabbi Yitzchak Eizik Epstein (1770-1857), who served as the rabbi of the town of Homel in White Russia for 58 years, was a leading figure in the first three generations of Chabad Chassidism. As a young man, he became attracted to the teachings of the first Chabad Rebbe, Rabbi Schneur Zalman of Liadi, and remained a devoted follower of the 2nd and 3rd Rebbes, Rabbi DovBer and Rabbi Menachem Mendel. He authored a number of Chassidic works, including Sh'tei HaMeorot and Chanah Ariel.
Link: One on One
• SIX-DAY WAR (1967)
In the spring of 1967, the Arab capitals paraded their arms and openly spoke of overrunning the Land of Israel and casting its inhabitants into the sea. The international media was almost unanimous in its belief that the small Jewish state, outflanked and outgunned by its enemies, stood little chance of survival. It seemed that, for the second time in a generation, the world was going to stand by and allow the enemies of the Jewish people to slaughter them in the millions.
On Iyar 26 (June 5, 1967), Israel launched preemptive strikes on its southern and northern frontiers. In just six days, the Jewish army defeated five Arab armies on three fronts and liberated territories of its promised homeland amounting to an area greater than its own size, including the Old City of Jerusalem and the Temple Mount (see “Today in Jewish History” for Iyar 28).
The openly miraculous nature of Israel’s victory spawned a global awakening of the Jewish soul, fueling the already present and growing teshuvah movement of return to G d and Jewish traditions. The Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, called it a moment of biblical proportions, an “opportunity the likes of which has not been granted for thousands of years.” Many thousands of Jews flocked to put on tefillin and pray at the newly liberated Western Wall of the Temple Mount.
Link: The Rebbe on the Six-Day War (video)
DAILY QUOTE:
Much wisdom comes through much grief(Ecclesiastes 1:18)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Naso, 2nd Portion Numbers 4:29-4:49 with Rashi
• Chapter 4
29. [As for] the sons of Merari, you shall count them by their families, according to their fathers' houses. כט. בְּנֵי מְרָרִי לְמִשְׁפְּחֹתָם לְבֵית אֲבֹתָם תִּפְקֹד אֹתָם:
30. From the age of thirty years and upward until the age of fifty years, you shall count them, all who come to the legion, to perform service in the Tent of Meeting. ל. מִבֶּן שְׁלשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן חֲמִשִּׁים שָׁנָה תִּפְקְדֵם כָּל הַבָּא לַצָּבָא לַעֲבֹד אֶת עֲבֹדַת אֹהֶל מוֹעֵד:
31. This is the charge of their burden for all their service in the Tent of Meeting: the planks of the Mishkan, its bars, its pillars, and its sockets. לא. וְזֹאת מִשְׁמֶרֶת מַשָּׂאָם לְכָל עֲבֹדָתָם בְּאֹהֶל מוֹעֵד קַרְשֵׁי הַמִּשְׁכָּן וּבְרִיחָיו וְעַמּוּדָיו וַאֲדָנָיו:
32. The pillars of the surrounding courtyard, their sockets, their pegs, and their ropes, all their implements for all the work involved. You shall designate by name the implements charged to them for their burden. לב. וְעַמּוּדֵי הֶחָצֵר סָבִיב וְאַדְנֵיהֶם וִיתֵדֹתָם וּמֵיתְרֵיהֶם לְכָל כְּלֵיהֶם וּלְכֹל עֲבֹדָתָם וּבְשֵׁמֹת תִּפְקְדוּ אֶת כְּלֵי מִשְׁמֶרֶת מַשָּׂאָם:
pegs and ropes: of the pillars, since the pegs and ropes of the hangings were included in the burden assigned to the sons of Gershon. There were pegs and ropes for the bottom of the curtains and the hangings so that the wind should not lift them up, and there were pegs and ropes for the pillars all around, from which to hang the hangings from their upper edge with poles and rods, as was taught in [the Baraitha] Melecheth HaMishkan. — [ch. 5]
ויתדתם ומיתריהם: של עמודים, שהרי יתדות ומיתרי הקלעים במשא בני גרשון היו, ויתדות ומיתרים היו ליריעות ולקלעים מלמטה, שלא תגביהם הרוח, ויתדות ומיתרים היו לעמודים סביב לתלות בהם הקלעים בשפתם העליונה, וקלונסאות וקונטסין, כמו ששנויה במלאכת המשכן:
33. This is the service of the families of the sons of Merari for all their service in the Tent of Meeting, which was under the supervision of Ithamar the son of Aaron the kohen. לג. זֹאת עֲבֹדַת מִשְׁפְּחֹת בְּנֵי מְרָרִי לְכָל עֲבֹדָתָם בְּאֹהֶל מוֹעֵד בְּיַד אִיתָמָר בֶּן אַהֲרֹן הַכֹּהֵן:
34. Moses, Aaron, and the chieftains of the congregation counted the sons of the Kohathites, according to their families and their fathers' houses. לד. וַיִּפְקֹד משֶׁה וְאַהֲרֹן וּנְשִׂיאֵי הָעֵדָה אֶת בְּנֵי הַקְּהָתִי לְמִשְׁפְּחֹתָם וּלְבֵית אֲבֹתָם:
35. From the age of thirty years and upward, until the age of fifty years, all who come to the legion, for service in the Tent of Meeting. לה. מִבֶּן שְׁלשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן חֲמִשִּׁים שָׁנָה כָּל הַבָּא לַצָּבָא לַעֲבֹדָה בְּאֹהֶל מוֹעֵד:
36. Their tally, according to their families: two thousand, seven hundred and fifty. לו. וַיִּהְיוּ פְקֻדֵיהֶם לְמִשְׁפְּחֹתָם אַלְפַּיִם שְׁבַע מֵאוֹת וַחֲמִשִּׁים:
37. These are the numbers of the Kohathite families, all who served in the Tent of Meeting, who were counted by Moses and Aaron as directed by the Lord to Moses. לז. אֵלֶּה פְקוּדֵי מִשְׁפְּחֹת הַקְּהָתִי כָּל הָעֹבֵד בְּאֹהֶל מוֹעֵד אֲשֶׁר פָּקַד משֶׁה וְאַהֲרֹן עַל פִּי יְהוָֹה בְּיַד משֶׁה:
38. The tally of the sons of Gershon, according to their families and their fathers' houses. לח. וּפְקוּדֵי בְּנֵי גֵרְשׁוֹן לְמִשְׁפְּחוֹתָם וּלְבֵית אֲבֹתָם:
39. From the age of thirty years and upward, until the age of fifty years, all who come to the legion, forservice in the Tent of Meeting. לט. מִבֶּן שְׁלשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן חֲמִשִּׁים שָׁנָה כָּל הַבָּא לַצָּבָא לַעֲבֹדָה בְּאֹהֶל מוֹעֵד:
40. Their total, according to their families and their fathers' houses: two thousand, six hundred and thirty. מ. וַיִּהְיוּ פְּקֻדֵיהֶם לְמִשְׁפְּחֹתָם לְבֵית אֲבֹתָם אַלְפַּיִם וְשֵׁשׁ מֵאוֹת וּשְׁלשִׁים:
41. These are the numbers of the families of the sons of Gershon, all who served in the Tent of Meeting, whom Moses and Aaron counted as directed by the Lord. מא. אֵלֶּה פְקוּדֵי מִשְׁפְּחֹת בְּנֵי גֵרְשׁוֹן כָּל הָעֹבֵד בְּאֹהֶל מוֹעֵד אֲשֶׁר פָּקַד משֶׁה וְאַהֲרֹן עַל פִּי יְהוָֹה:
42. The tally of the families of the sons of Merari, according to their families and their fathers' houses. מב. וּפְקוּדֵי מִשְׁפְּחֹת בְּנֵי מְרָרִי לְמִשְׁפְּחֹתָם לְבֵית אֲבֹתָם:
43. From the age of thirty years and upward, until the age of fifty years, all who come to the legion, for work in the Tent of Meeting. מג. מִבֶּן שְׁלשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן חֲמִשִּׁים שָׁנָה כָּל הַבָּא לַצָּבָא לַעֲבֹדָה בְּאֹהֶל מוֹעֵד:
44. Their tally, according to their families: three thousand two hundred. מד. וַיִּהְיוּ פְקֻדֵיהֶם לְמִשְׁפְּחֹתָם שְׁלשֶׁת אֲלָפִים וּמָאתָיִם:
45. These are the numbers of the families of the sons of Merari, whom Moses and Aaron counted as directed by the Lord to Moses. מה. אֵלֶּה פְקוּדֵי מִשְׁפְּחֹת בְּנֵי מְרָרִי אֲשֶׁר פָּקַד משֶׁה וְאַהֲרֹן עַל פִּי יְהוָֹה בְּיַד משֶׁה:
46. All the numbers whom by Moses, Aaron, and the chieftains of Israel counted the Levites according to their families and their fathers' houses, מו. כָּל הַפְּקֻדִים אֲשֶׁר פָּקַד משֶׁה וְאַהֲרֹן וּנְשִׂיאֵי יִשְׂרָאֵל אֶת הַלְוִיִּם לְמִשְׁפְּחֹתָם וּלְבֵית אֲבֹתָם:
47. from the age of thirty years and upward until the age of fifty years, who are fit to perform the service for the service and the work of carrying, in the Tent of Meeting. מז. מִבֶּן שְׁלשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן חֲמִשִּׁים שָׁנָה כָּל הַבָּא לַעֲבֹד עֲבֹדַת עֲבֹדָה וַעֲבֹדַת מַשָּׂא בְּאֹהֶל מוֹעֵד:
to perform the service for the service: This refers to the music with cymbals and harps, which is a service for another service [the sacrifices].
עבדת עבדה: הוא השיר במצלתים וכנורות, שהיא עבודה לעבודה אחרת:
and the work of carrying: As it [the phrase] means literally.
ועבודת משא: כמשמעו:
48. Their tally: eight thousand, five hundred and eighty. מח. וַיִּהְיוּ פְּקֻדֵיהֶם שְׁמֹנַת אֲלָפִים וַחֲמֵשׁ מֵאוֹת וּשְׁמֹנִים:
49. As directed by the Lord, they were appointed by Moses, each man to his service and his burden; they were counted as the Lord had commanded Moses. מט. עַל פִּי יְהוָֹה פָּקַד אוֹתָם בְּיַד משֶׁה אִישׁ אִישׁ עַל עֲבֹדָתוֹ וְעַל מַשָּׂאוֹ וּפְקֻדָיו אֲשֶׁר צִוָּה יְהוָֹה אֶת משֶׁה:
They were counted as the Lord had commanded Moses: Those that were counted were as commanded, from the age of thirty years until the age of fifty years.
ופקדיו אשר צוה ה' את משה: ואותן הפקודים היו במצוה מבן שלשים שנה ועד בן חמשים שנה:
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Tehillim: Psalms Chapter 119, Verses 97-176
• Verses 97-176
97. O how I love Your Torah! All day it is my discussion.
98. Your commandments make me wiser than my enemies, for they are ever with me.
99. From all my teachers I have gained wisdom, for Your testimonies are my discussion.
100. I will be more perceptive than elders, because I have guarded Your precepts.
101. I have restrained my feet from every evil path, that I might keep Your word.
102. I have not turned away from Your judgments, for You have instructed me.
103. How sweet are Your words to my palate, [sweeter] than honey to my mouth!
104. From Your precepts I gain understanding, therefore I hate every path of falsehood.
105. Your word is a lamp to my feet and a light to my path.
106. I have sworn-and I will fulfill it-to keep Your righteous judgments.
107. I am afflicted to the extreme; grant me life, O Lord, according to Your promise.
108. Accept with favor, O Lord, the offerings of my lips, and teach me Your laws.
109. My soul is in danger always, yet I have not forgotten Your Torah.
110. The wicked laid a snare for me, yet I have not strayed from Your precepts.
111. I have taken Your testimonies as an eternal heritage, for they are the joy of my heart.
112. I have inclined my heart to perform Your statutes, forever, to the last.
113. I despise vain thoughts, but I love Your Torah.
114. You are my refuge and my shield; I place hope in Your promise.
115. Turn away from me, you evildoers, and I will keep the commandments of my God.
116. Support me according to Your promise, and I will live; let me not be shamed because of my hope.
117. Sustain me, and I will be saved, and I will be engrossed in Your statutes always.
118. You trample all who stray from Your statutes, for their ploy is a lie.
119. You have purged all the wicked of the earth like dross, therefore I love Your testimonies.
120. My flesh bristles from fear of You, and I am in awe of Your judgments.
121. I practiced justice and righteousness; leave me not to my oppressors.
122. Guarantee Your servant goodness; let not the wicked exploit me.
123. My eyes long for Your salvation, and for the word of Your righteousness.
124. Treat Your servant according to Your kindness, and teach me Your statutes.
125. I am Your servant; grant me understanding, that I may know Your testimonies.
126. It is time to act for the Lord; they have abrogated Your Torah.
127. Therefore I love Your commandments more than gold, even fine gold.
128. Therefore I affirmed all Your precepts; I have hated every path of falsehood.
129. Your testimonies are wondrous, therefore does my soul guard them.
130. Your opening words illuminate, enlightening the simple.
131. I opened my mouth and swallowed, because I craved Your commandments.
132. Turn to me and favor me, as is [Your] law for those who love Your Name.
133. Set my steps in Your word, and let no iniquity rule over me.
134. Deliver me from the oppression of man, and I will keep Your precepts.
135. Let Your face shine upon Your servant, and teach me Your statutes.
136. My eyes shed streams of water, because they do not keep Your Torah.
137. Righteous are you, O Lord, and Your judgments are upright.
138. You commanded Your testimonies in righteousness and great faithfulness.
139. My zeal consumes me, because my enemies have forgotten Your words.
140. Your word is very pure, and Your servant cherishes it.
141. I am young and despised, yet I do not forget Your precepts.
142. Your righteousness is an everlasting righteousness, and Your Torah is truth.
143. Trouble and anguish have taken hold of me, yet Your commandments are my delight.
144. Your testimonies are righteous forever; give me understanding, that I may live.
145. I call out with all my heart; answer me, O Lord; I will keep Your statutes.
146. I call out to You; save me, and I will observe Your testimonies.
147. I rose before dawn and cried out; my hope is in Your word.
148. My eyes preceded the night watches, that I may discuss Your word.
149. Hear my voice in keeping with Your kindness; O Lord, grant me life as is Your practice.
150. Those who pursue mischief draw near; they are far from Your Torah.
151. You are near, O Lord, and all Your commandments are truth.
152. From the beginning I discerned from Your testimonies that You had established them forever.
153. Behold my affliction and deliver me, for I have not forgotten Your Torah.
154. Wage my battle and redeem me; grant me life for the sake of Your word.
155. Salvation is far from the wicked, for they seek not Your statutes.
156. Your mercies are great, O Lord; grant me life as is Your practice.
157. My pursuers and my enemies are many, yet I did not turn away from Your testimonies.
158. I saw traitors and I quarreled with them, because they do not keep Your words.
159. Behold how I love Your precepts; grant me life, O Lord, according to Your kindness.
160. The beginning of Your word is truth, and forever are all Your righteous judgements.
161. Princes have pursued me without cause, but it is Your word my heart fears.
162. I rejoice at Your word, like one who finds abundant spoil.
163. I hate falsehood and abhor it, but Your Torah I love.
164. Seven times a day I praise You, because of Your righteous judgments.
165. There is abundant peace for those who love Your Torah, and there is no stumbling for them.
166. I hoped for Your salvation, O Lord, and I performed Your commandments.
167. My soul has kept Your testimonies, and I love them intensely.
168. I have kept Your precepts and Your testimonies, for all my ways are before You
169. Let my prayer approach Your presence, O Lord; grant me understanding according to Your word.
170. Let my supplication come before You; save me according to Your promise.
171. My lips will utter praise, for You have taught me Your statutes.
172. My tongue will echo Your word, for all Your commandments are just.
173. Let Your hand be ready to help me, for I have chosen Your precepts.
174. I long for Your salvation, O Lord, and Your Torah is my delight.
175. Let my soul live, and it will praise You, and let Your judgment help me.
176. I have gone astray like a lost sheep; seek out Your servant, for I have not forgotten Your commandments.
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Tanya: Likutei Amarim, middle of Chapter 51
• Lessons in Tanya
• Today's Tanya Lesson
Monday, Iyar 26, 5774 • May 26, 2014
Likutei Amarim, middle of Chapter 51
וההבדל שבין עולמות עליונים ותחתונים הוא מצד המשכת החיות אשר אין סוף ברוך הוא ממשיך ומאיר בבחינת גילוי מההעלם
The difference between the higher and lower worlds is with regard to the flow of vitality which the blessed Ein Sof causes to flow and illumine in a manner of “revelation out of concealment,”
The Alter Rebbe will soon conclude that this revelation is intended for the purpose of vitalizing the worlds and their inhabitants, for the vitality of all worlds and creatures derives from the revelation of G dliness within them. Thus, the difference between the higher and lower worlds lies in the varying degrees of Divine revelation within them.
With regard to “revelation out of concealment,” the Alter Rebbe now states parenthetically that this manner of revelation is one of the reasons why the G dly vitality found within the worlds is called “light”.
שזה אחד מהטעמים שההשפעה והמשכת החיות מכונה בשם אור, על דרך משל
(which is one of the reasons why the influence and flow of this vitality is figuratively called “light”),
In Kabbalistic literature the flow and vitality of G dliness is termed “light” rather than shefa (“flux”), as it is termed in Jewish speculative philosophy (chakirah). “Light” signifies “revelation out of concealment”: previously the light had been concealed within the luminary, the source of the light, and subsequently it is drawn forth from this source and is revealed as light. Thus, in the case of “revelation out of concealment,” only a minute illumination of the source is drawn down into a revealed state. Not so shefa, where it is the actual “flux” and “stream” of the source that flows down and is revealed. Hence the phrase ושפעת מים (“a flow of water”; Iyov 22:11): the selfsame water that was previously in one place flows to another place.
The above-mentioned “revelation out of concealment” of light serves the purpose of:
להחיות העולמות והברואים שבהם
thereby animating the worlds and the creatures therein.
Herein lies the difference between the higher and lower worlds:
שהעולמות העליונים מקבלים בבחינת גילוי קצת יותר מהתחתונים
For the higher worlds receive this vitality and light in a somewhat more revealed form that do the lower;
I.e., even in the higher worlds this light and vitality is not manifestly revealed.
וכל הברואים שבהם, מקבלים כל אחד כפי כחו ותכונתו
and all creatures therein — in the higher worlds — receive the revealed aspect of vitality, albeit each according to its capacity and nature,
Just as in the analogy each bodily organ receives vitality from the brain according to its “character and nature,” so too does the Alter Rebbe state in the analogue that each creature receives its vitality according to its “capacity and nature.” (- Note of the Rebbe.) This means that each being receives vitality according to its capacity to have the life-force and vitality revealed within it, and according to the manner in which this vitality is to be revealed — whether as a revelation of intellect and comprehension, or in an emotive manner.
(“But this is not to say that the ‘nature’ conceals the revelation; rather ‘it imbues and illumines it.’” – Note of the Rebbe.)
שהיא תכונת ובחינת המשכה הפרטית אשר אין סוף ברוך הוא ממשיך ומאיר לו
which is the nature and form of the particular flow with which the blessed Ein Sof imbues and illumines it.
והתחתונים, אפילו הרוחניים, אינם מקבלים בבחינת גילוי כל כך
But the lower worlds and creatures, even the spiritual ones, do not receive the Divine life-force in quite such a revealed form as it is received in the higher worlds,
רק בלבושים רבים, אשר אין סוף ברוך הוא מלביש בהם החיות והאור אשר ממשיך ומאיר להם להחיותם
but only by means of many garments, wherein the blessed Ein Sof invests the vitality and light which He causes to flow and shine on them in order to animate them.
The Divine life-force is garbed in many garments so as not to be revealed. This concealment involves not only a multitudinous profusion of garments — a quantitative manner of concealment — but a qualitative one as well: There is vast difference between the insubstantial garments that conceal the vitality in the higher worlds and the much denser garments necessary to conceal the G dly vitality to the degree that creation of the physical becomes possible.
Were there merely to be a vast quantity of ethereal garments, the Divine life-force would only be capable of creating spiritual beings and not physical ones; in order for this physical world with its corporeal creatures to be created, much denser garments were necessary. It is this that the Alter Rebbe now goes on to explain:
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Rambam:• Daily Mitzvah - Sefer Hamitzvos:
Iyar 26, 5774 • May 26, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 141
Eating Second Tithe Grain outside of Jerusalem
"You may not eat within your gates the tithe of your grain"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem grain set aside for the Second Tithe.
This biblical prohibition only applies once the grain entered Jerusalem—and was then taken back out.
Eating Second Tithe Grain outside of Jerusalem
Negative Commandment 141
Translated by Berel Bell
The 141st prohibition is that we are forbidden from eating grain which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, [wine, and oil]."
One who eats ma'aser sheni [outside Jerusalem] without redeeming it is punished by lashes; but only upon the condition given in the end of Makos2 — that it first "saw the face of the Temple," i.e. was brought inside the walls of Jerusalem, and then was eaten outside [Jerusalem]. This is clearly stated in that Talmudic passage: "When is he punished by lashes? When it first 'saw the face of the Temple.' "
FOOTNOTES
1.Deut. 12:17.
2.19b.
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Negative Commandment 142Eating Second Tithe Wine outside of Jerusalem
"You may not eat within your gates the tithe of your grain and your wine"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem wine set aside for the Second Tithe.
This biblical prohibition only applies once the wine entered Jerusalem—and was then taken back out.
Eating Second Tithe Wine outside of Jerusalem
Negative Commandment 142
Translated by Berel Bell
The 142nd prohibition is that we are forbidden from drinking wine which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, wine [and oil]."
One who doesn't redeem it and eats it [outside Jerusalem] is punished by lashes, subject to the same condition mentioned regarding ma'aser sheni of grain.2
FOOTNOTES
1.Deut. ibid.
2.That it had previously been brought within the walls of Jerusalem.
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Negative Commandment 143Eating Second Tithe Olive Oil outside of Jerusalem
"You may not eat within your gates the tithe of your grain and your wine and your oil"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem olive oil set aside for the Second Tithe.
This biblical prohibition only applies once the oil entered Jerusalem—and was then taken back out.
Eating Second Tithe Olive Oil outside of Jerusalem
Negative Commandment 143
Translated by Berel Bell
The 143rd prohibition is that we are forbidden from consuming oil which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, wine, and oil."
One who doesn't redeem it and eats it [outside Jerusalem] is punished by lashes, subject to the same condition mentioned regarding ma'aser sheni of grain.2
Perhaps you are surprised that we counted ma'aser sheni of grain, ma'aser sheni of wine, and ma'aser sheni of oil as three separate mitzvos. However, you must be aware that one who ate all three of them receives a separate set of lashes for each.3 This is not an "inclusive prohibition" [lav she'b'klallus] for which [more than one set of4] lashes is not given.5 Rather, the verse is written in this way to divide them [to count as separate mitzvos].
This is stated explicitly in tractate Krisus:6 "One who consumes grain, wine, and oil of ma'aser [sheni] receives lashes for each one. But is one lashed separately for [the components of] a lav she'b'klalus?! But this case is different because there is a redundant verse: It is written,7 'You shall consume the ma'aser [sheni] of your grain, wine, and oil before G‑d your L‑rd...' Why did the Torah need to repeat them all?8 From this we see that the Torah divided them [into separate mitzvos]. And our Sages said in Makos:9 "It is written, 'You shall consume the ma'aser [sheni] of your grain, wine, and oil before G‑d your L‑rd...' But the Torah could have just written, 'You may not eat them in your own settlements'! Why did it list each one separately? To designate each one as a separate prohibition." This demonstrates that everything listed in the verse counts as a separate mitzvah.
I will now list the other prohibitions included in this verse.10
FOOTNOTES
1.Deut. ibid.
2.That it had previously been brought within the walls of Jerusalem.
3.The Rambam explained in the Ninth Introductory Principle that the number of sets of lashes helps determine whether a particular act counts as a separate mitzvah or is merely part of another mitzvah. If for doing all the acts one receives one set of lashes, they all count as part of one mitzvah; but if one is lashed separately for each act, they count as individual mitzvos.
4.See the Ninth Introductory Principle from Pesachim 41a.
5.For example, the prohibition "You may not eat it raw or boiled in water" (N125) counts as one mitzvah, since even if one ate both a raw piece and a boiled piece, only one set of lashes would be given.
6.4b.
7.Deut. 14:23.
8.Since they were already mentioned in Deut. 12:17. See Yad Halevi, note 3.
9.18a.
10.See N144-148.
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Rambam:
• 1 Chapter: Mechirah Mechirah - Chapter Twenty Nine Mechirah - Chapter Twenty Nine
Halacha 1
There are three types of individuals whose purchase is not considered a binding purchase, nor is their sale considered a binding sale according to Scriptural Law: a deaf mute, a mentally incapable or emotionally unstable individual, and a minor. Our Sages, however, ordained that a deaf mute and a minor may buy and sell in order to guarantee their livelihood.
Halacha 2
How does a deaf person buy and sell? Both a deaf mute and a deaf person who can speak may buy and sell through gestures.
This applies with regard to movable property, but not with regard to landed property. Moreover, even with regard to movable property, his deeds are not binding until he has been tested many times and the matter is considered thoroughly by the court.
Halacha 3
Different rules apply with regard to a mute who can hear but cannot speak, or someone who has lost the ability to speak. Both sales and purchases in which he engages are binding, as are the presents which he gives, whether movable property or landed property is involved, provided he is tested as one tests with regard to a bill of a divorce, or he writes instructions by hand.
Halacha 4
Neither a sale nor a purchase involving a mentally incapable or emotionally unstable individual is binding, nor are the presents he gives effective. Instead, the court must appoint a guardian for such a person, just as it appoints guardians for minors.
Halacha 5
The following rules apply when a person is at times unable to control his behavior and capable of doing so at other times - e.g., an epileptic. During the times he is capable of controlling his behavior, all of his financial undertakings are binding. He can acquire property for himself and for others like any other ordinary person. When he is not in control, his deeds are not binding.
Witnesses to a transaction must research the matter carefully - perhaps the transaction was concluded at the conclusion of a period of mental instability, or when an unstable period began.
Halacha 6
The following rules apply to a minor: Until he is six years old, he may not transfer property to others at all. From the age of six until he attains majority, he should be tested. If he possesses an understanding of the nature of financial transactions, any purchases or sales he undertakes, and any presents he gives, are binding.
This applies whether a large matter or a small matter is involved, whether he is giving a present while healthy or he is dispensing his property on his deathbed.
As we have explained, this is a Rabbinic decree, instituted so that the minor will not be forced to remain idle, without finding anyone to sell to him or buy from him. And this applies only with regard to movable property. With regard to landed property, a minor cannot sell or give property away until he attains majority.
Halacha 7
When does the above apply? With regard to a minor who does not have a guardian. If, however, the minor has a guardian, his transactions, even those involving movable property, are of no consequence unless they are approved by the guardian. If the guardian does desire to approve a purchase, a sale or a present of movable property, it is binding.
Halacha 8
We test a minor to see whether or not he possesses an understanding of the nature of financial transactions. For there are some minors who are wise and astute and understand such matters even at age seven, and there are others who do not understand financial transactions even when they reach the age of thirteen. When a minor who does not have a guardian and who possesses a good understanding of financial matters errs with regard to the appraisal of an object, the same laws that apply to an adult apply to him. If the error is less than a sixth of the value of the object, he is considered to have waived the difference. If it is a sixth, the unfair gain must be returned, and if it is more than a sixth, the transaction is nullified, as we have explained.
I maintain that a purchase or a sale of movable property in which a minor engages is not binding unless the transaction is concluded by meshichah. If, however, a minor paid money for an article and then reneged, the transaction is nullified.The minor is not required to receive the adjuration mi shepara. If, however, others renege on their commitment to him, they are required to receive the adjuration mi shepara.
Halacha 9
Similarly, if a kinyan sudar was made with a minor or the purchaser rents the place on which the movable property was located, and the minor retracted, the purchaser does not acquire the movable property.For property cannot be expropriated from a minor through legal process. And a kinyan established by a minor is of no consequence. For a kinyan depends on a legal document, and witnesses will not sign a legal document unless the parties involved are above the age of majority.
Halacha 10
Similarly, if a minor purchased movable property and sought to finalize the transaction with a kinyan sudar or by renting the place where the movable property was located, he does not acquire the movable property until he performs meshichah. The rationale is that he cannot acquire property using any of the legal processes that are used by an adult. Proof of this thesis can be drawn from the fact that a male minor does not acquire by virtue of the presence of property in his courtyard, nor by virtue of the presence of property within the radius of four cubits next to him. The rationale is that these are effective with regard to the acquisition of property, because of the principle of agency, not as an extension of his physical person, as will be explained. It is improper that a kinyan sudar and the rental of the place where property is located should be more effective than the acquisition of property by virtue of its presence in one's courtyard.
Different rules apply with regard to a female minor. She is given the right to acquire property by virtue of its presence in her courtyard, as an extension of her physical person. Therefore, she may finalize the acquisition of movable property with a kinyan sudar or by renting the place where the movable property was located.
Halacha 11
It appears to me that when a minor acquires landed property, pays its price,? and manifests possession over the property, it should remain in his possession, despite the fact that he cannot sell property. The rationale is that it is as if the minor were not in our presence. And we follow the principle: we may acquire a benefit for a person outside his presence, but we cannot cause a loss for a person outside his presence. 12. When a minor attains majority - i.e., a male over thirteen years old and a female over twelve, when they manifest signs of physical maturity - any purchase, sale or present of movable property that he or she undertakes is binding. This applies even if he or she does not possess an understanding of the nature of financial transactions.
With regard to landed property, by contrast, his deeds are not effective unless he is past majority and possesses an understanding of the nature of financial transactions.
Halacha 13
When does the above apply? With regard to his own property. With regard to landed property that he inherited from his parents or from other deceased persons, his sale of this land is not effective until he is twenty years old. This applies even though he has manifested signs of physical maturity and possesses an understanding of the nature of financial transactions. This restriction was applied lest the youth sell the land cheaply, because he is attracted by money, and he has not become settled within ordinary worldly ways.
Halacha 14
When a youth below the age of twenty gives a present of landed property - whether he gives it while healthy or as part of the distribution of his property in an oral will - it is binding. The rationale is that unless he received significant benefit, he would not have given it. Moreover, this is a rare occurrence. Our Sages said: "Let his present endure, so that his words will be heeded."
Halacha 15
When does the license for a youth to sell property inherited from his father after he reaches twenty apply? When he has manifested signs of physical maturity or manifested signs of being sterile. If, however, he did not manifest signs of physical maturity or sterility, he is still considered a minor, and a sale of landed property that he makes is not binding - even with regard to property that he acquires himself - until he reaches the age of 35.
Halacha 16
The following rule applies when a youth sells landed property - that he either purchased or inherited - and then dies, and his heirs maintain that he was a minor at the time of the sale. If they seek to have an examination made, we do not heed their desire to debase his remains. Moreover, it is questionable whether the examination would be of any value, because the appearance of these physical signs changes at the time of death. A further rationale to accept the validity of the sale is that we accept the presumption that witnesses would not sign a deed of sale unless they knew with certainty that the seller had attained majority.
Halacha 17
When a youth who is below the age of twenty sells property that he inherited, he may expropriate it from the purchaser, whether before the age of twenty or after the age of twenty.
When he expropriates the property, he may also expropriate the value of all the produce of the property that the purchaser has consumed. If the purchaser undertook expenses or planted or sowed, we evaluate the amount due him, but he must return the remainder.
This is the way my masters have ruled. I maintain that even if a minor sells property that he inherited, if he does not protest immediately after he becomes twenty, he is no longer able to protest. The rationale is that since the seller took the money, and the purchaser used the land with his consent after he attained the age of twenty without his protest, the acquisition of the property by the purchaser is confirmed, because the seller showed his appreciation of his sale.
Halacha 18
A drunken man is considered to be responsible for his actions. A sale, a purchase or a present involving him is binding. If, however, his drunken state approaches that of Lot- i.e., he is so drunk that he does not realize what he is doing - his deeds are of no consequence. It is as if he were a mentally incompetent person or a child below the age of six.
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Rambam:
• 3 Chapters: Maaser Sheini Maaser Sheini - Chapter 5, Maaser Sheini Maaser Sheini - Chapter 6, Maaser Sheini Maaser Sheini - Chapter 7
Maaser Sheini - Chapter 5
Halacha 1
When a man redeems his produce for the second tithe for himself - whether it is from his own crops, he acquired it as an inheritance, or it was given to him while tevel as we explained,1 he must add a fifth [of the new total].2 [Thus] if it was worth four, he should give five,3 as [Leviticus 27:31] states: "If a man will redeem from his tithes, he shall add a fifth to it."
Halacha 2
When a woman redeems produce for the second tithe that she separated, she is not required to add a fifth. According to the Oral Tradition,4 we have learned: "If a man [will redeem from] his tithes," excluding a woman. Similarly, if a man redeems [money used to] redeem produce from the second tithe for himself,5 he must add a fifth.
Halacha 3
When a person redeems the produce of his second tithe and adds a fifth, and then redeems the money itself a second time, he must add a second fifth of the principal alone. He need not add a fifth for the original fifth.6
Halacha 4
When the fifth of the produce of the second tithe is not worth a p'rutah, [the person redeeming it] need not add a fifth.7 Similarly, when the worth of the produce of the second tithe is unknown,8 it is sufficient for him to say: "The holiness of the produce and its fifth are transferred to this sela."9Whenever a person does not redeem produce from the second tithe with his own money, he need not add a fifth.10 [When one redeems] produce from the second tithe that is demai, he need not add a fifth.11
Halacha 5
When a person is redeeming produce of the second tithe and he has other produce from the second tithe that was not redeemed whose fifth is not worth a p'rutah, it is sufficient for him to say: "The holiness of it and its fifth are transferred to the money [set aside] originally."12 [This leniency is granted,] because it is impossible to require a person to be precise with his money.13
Halacha 6
When a person redeems produce from the second tithe for more than its worth, that additional value is not considered as money from the second tithe.14
Halacha 7
When the owner of the produce bids a sela to redeem it and another person also bids a sela, the owner is given precedence, because he is required to add a fifth. If, however, the owner bids a sela and another person bids a sela and a p'rutah, that other person is given precedence, because he increases the principal.15
Halacha 8
It is permitted to act "guilefully" with regard to the redemption of produce of the second tithe.16 What is implied? A person may tell his son or daughter who are beyond majority or his Hebrew servant:17 "Here is this money. Use it to redeem this produce from the second tithe," so that they will not have to add a fifth. He should not say, however: "Use them to redeem it for me."18 Similarly, he is not required to add a fifth if he tells them: "Redeem it for me using your money."19
Halacha 9
He should not, however, give money to redeem [the produce] to one of his sons or daughters who are below majority20 or to his Canaanite servants or maid-servants, because they do not have an independent financial capacity.21 If he gave the money to his Hebrew maidservant,22 his words are effective if [the obligation to separate] the second tithe from this produce is Rabbinic in origin, e.g., produce grew in a flowerpot without a hole.23 [The rationale is that] a Hebrew maidservant is a minor and a minor can acquire property for others only with regard to matters of Rabbinic Law.24
Halacha 10
Similarly, a person may act with guile and give produce from the second tithe as a present while it is still tevel25 and while giving it say: "The holiness from [the second tithe of] this produce is transferred to the money I have at home."26
Halacha 11
Two brothers,27 two partners, a father and his son, may redeem produce from the second tithe for each other so that they will not have to add a fifth. When a woman brings produce from the second tithe to her husband's home,28 the husband does not acquire it as his own, since it belongs to the Most High, as we explained.29 Therefore, if he redeems it,30 he need not add a fifth.
Halacha 12
A person who redeems produce from the second tithe for himself who paid the principal, but did not pay the additional fifth should not partake of [the produce] until he pays the fifth. [This applies] even on the Sabbath.31 [And it applies] even though the payment of the fifth does not hold back the transfer of holiness [from the produce to the coins]. Indeed, that transfer takes place. [This restriction is] a decree, lest the person be negligent and fail to pay.
Halacha 13
If a person desires to exchange money from the redemption of the second tithe for golden dinarim,32 so that his burden will be lighter,33 he may. Even34 if he exchanged [the two] with his own money, he need not add a fifth, for this is not considered as redemption.
Halacha 14
When a person exchanges a sela of money35 from the second tithe - whether in Jerusalem or outside the city - he should not exchange it entirely for brass coins. Instead, it should be divided into a shekel's worth of silver coins and a shekel's worth of brass coins.
Halacha 15
It is permissible to transfer the holiness of money of the second tithe together with produce from the second tithe to money,36 provided the produce is worth less than a dinar.37 If, however, [the produce] is worth a dinar, its holiness should not be transferred together with that of money. Instead, [it should be transferred] by itself. What is implied? A person possessed produce that was worth a dinar and three dinarim that were of the second tithe, he may not transfer the holiness of the entire amount to one sela.38 If, however, he has a half a dinar of produce and a half a dinar of money, he may transfer the holiness of both to one dinar.
FOOTNOTES
1.See Chapter 3, Halachah 17. Otherwise, it is forbidden to give the second tithe as a present.
2.Although the produce of the second tithe belongs to God, as it were, since the person partakes of it, the Torah considers as his, with regard to the obligation to add a fifth (Bava Kama 69b).
3.This is true in all instances that the Torah requires that a fifth be added.
4.Kiddushin 24a.
5.Using it to purchase peace sacrifices or the like.
6.For example, if the produce was worth 4, the person redeeming it must originally pay 5 and then, if he must pay an additional 1. He need not pay an additional 1.2.
7.Because anything less than a fifth is not considered as financially significant. According to the Rambam, he must, however, redeem the produce. Rashi (Bava Metzia 54b), by contrast, maintains that it need not be redeemed at all.
8.The Radbaz distinguishes between this instance and Chapter 4, Halachah 20, which states that when the value of produce is unknown, it should be assessed by three experts, explaining that that halachah is speaking about an instance where the produce has genuine worth, but it can only be determined by experts, not a common person. This halachah, by contrast, is speaking about an instance where its worth is not known at all.
9.This is acceptable, for as mentioned above, after the fact, the transfer of holiness from produce to money is acceptable even if the money is not of equal worth as the produce.
10.The Jerusalem Talmud (ma'aser Sheni 4:3) derives this concept from the exegesis of Leviticus 27:31.
11.Since the obligation to redeem the second tithe of demai is merely Rabbinic in origin, this added stringency was not imposed.
12.The reason why it is acceptable to use the money used to redeem other produce is explained in the following halachah and notes. This leniency is granted because the obligation to set aside the second tithe from such produce is Rabbinic in origin as stated in Chapter 2, Halachah 9. We grant him this leniency rather than require him to bring that produce to Jerusalem or to wait until he has enough other produce so that the fifth will be worth a p'rutah [Rashi (Bava Metzia 53b)].
13.And we assume that, as a safeguard, a person will be somewhat generous in the money he sets aside in redemption of the second tithe, setting aside a little more than the worth of the produce. The holiness of the produce whose fifth is worth less than a p'rutah is transferred to that extra amount (ibid.; Radbaz).
14.In contrast, when a person redeems consecrated money for more than its worth, the extra amount is considered as consecrated [the Jerusalem Talmud (Ma'aser Sheni 4:3)].
15.In his Commentary to the Mishnah (Ma'aser Sheni 4:3; based on the Jerusalem Talmud), the Rambam explains that an increase in the principal is favored over a lesser amount of principal but a greater total, because there are "guileful" means to avoid paying the additional fifth as will be explained.
16.I.e., the intent of the person's "guile" is to avoid paying the additional fifth.
17.All three of these individuals have an independent financial capacity. Hence, they are not considered as acting on behalf of the owner.
18.For then it appears that they are acting on his behalf.
19.For then the other people are considered as acting on their own initiative, even though he gave them instructions. This applies even if the owner of the produce gives the other person an equivalent amount of money, but that person does not use it to redeem the produce.
20.As indicated by Hilchot Terumah 4:5, this is speaking about an instance where the child has reached the age when his vows are significant. In such an instance, his actions are effective even with regard to matters of Scriptural Law.
21.See Hilchot Avadim 5:3, et al.
22.In this instance, she will ultimately have an independent financial capacity when she comes of age. Nevertheless, at present, because she is a minor, she can act on behalf of others only with regard to matters of Rabbinic Law.
23.See Hilchot Terumah 5:14-16.
24.See Hilchot Lulav 8:10 and Hilchot Zechiyah UMatanah 4:7 which explain that a minor can acquire for his or her self, but cannot do so on behalf of another person.
25.Once, however, the second tithe has been separated, it cannot be given as a present - except to be eaten immediately thereafter - for it is considered as "the property of the Most High." Hence, the person who "owns" it on the earthly plane does not have the authority to give it to someone else (Chapter 3, Halachah 17, and Halachah 1 of the present chapter).
26.In his Commentary to the Mishnah (Ma'aser Sheni 4:5), the Rambam explains that here also the owner desires to redeem the produce without paying the additional fifth. Nevertheless, we are speaking about an instance where he is in his field and does not have money at hand. Hence, none of the techniques mentioned in Halachah 8 are effective. What can he do? He can give the produce to another person and redeem it for him. Thus the produce is being redeemed by a person other than its owner at that time. Hence a fifth need not be added.
27.I.e., even if they are partners in other matters. As Chasdei David emphasizes, this leniency does not, however, apply to the redemption of produce which is owned in partnership.
28.When a woman marries, all of the property she owns is given to her husband to use. On the other hand, as the Rambam continues to explain, she is not the owner of the produce of the second tithe and hence, her husband also does not become its owner.
29.Chapter 3, Halachah 17.
30.With his own money. As mentioned in Halachah 2, a woman is never required to add a fifth when redeeming produce for herself. If, however, she redeems produce for her husband with her own money, she is required to add a fifth (Radbaz).
31.In which instance, it is a mitzvah to delight in food and drink.
32.As mentioned above, the second tithe must be redeemed with silver. Now gold is much more valuable than silver so that by exchanging the silver for gold, the person will be lightening his load considerably.
See Ma'aser Sheni 2:7 which states that Rabbi Akiva made such a transfer on behalf of Rabban Gamliel and Rabbi Yehoshua.
33.As stated in Chapter 4, Halachah 5, generally, a person cannot transfer the holiness of money of the second tithe to other money, in this and the following halachah, exceptions are made for they are to the benefit of the second tithe: making the money easier to transport and to use.
34.The addition of this word is based on the gloss of the Radbaz.
35.I.e., a sela is a coin of relatively large value. It is easier to shop for food with smaller coins. See the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:9).
36.As mentioned above, although generally, a person cannot transfer the holiness of money of the second tithe to other money, an exception is made here, because of the produce that is included in the transfer.
37.The rationale is that when the produce is worth less than a dinar, it is not fit to be redeemed. (For a coin less than a dinar is small and of comparatively little value.) Hence it is to the benefit of the produce from the second tithe that the money be redeemed with it (Kessef Mishneh; based on the Jerusalem Talmud, Ma'aser Sheni 2:8).
38.A sela is four dinarim.
Maaser Sheini - Chapter 6
Halacha 1
[The following rules apply when] ordinary money and money from the second tithe become scattered [in the same place]. If he gathered from both sides, what he gathers belongs to the second tithe until he reaches the original amount and then the remainder is ordinary produce.1 If he mixed the coins together2 and grabbed a handful or gathered only from one side, he should calculate the percentage proportionately.3
What is implied? There were 200 coins of the second tithe and 100 ordinary coins. They became scattered. He mixed them and picked them all up, but found only 270, 180 are the second tithe and 90 are ordinary coins. This is the general principle. Those that are gathered are considered as the second tithe. Those that are mixed together are divided according to the percentage.
He should4 make a stipulation and say: "If those in my hand are from the second tithe, the remainder are ordinary money and if they are ordinary money, the holiness from the coins from the second tithe wherever they are is transferred to them."
Halacha 2
When a sela of the second tithe becomes mixed with a sela of ordinary money, one should bring coins - even brass coins5 - worth a sela and say: "Wherever the sela of the second tithe is, its holiness is transferred to these coins." Afterwards, he should chose the better6 of the two [selaim] and transfer the holiness of the brass coins to it. Thus the better selahas been become the money of the second tithe.
Halacha 3
When [a father] tells his son: "Produce from the second tithe is found in this corner," and is found in another corner, it is ordinary produce.7 If he told him: "A maneh there,"8 and 200 were discovered, the remainder is ordinary money.9 "There are 200," and only a maneh was discovered, it is ordinary money.10 If he left a maneh and discovered 200 or 200 and discovered a maneh, the entire amount is ordinary money.11 [This applies] even if the money is found in two wallets.12
Halacha 4
If his father told him: "I have a pouch [with produce] from the second tithe at home," and [the son] found three pouches, the greater one is [considered as containing produce from] the second tithe13 and the remainder are [considered as containing produce containing] ordinary produce. Nevertheless, he should not make use of [the produce from] the smaller pouches until he transfers their holiness to the greater one.14
Halacha 5
[The following laws apply when] a person loses his power of speech. If he was asked: "Is your produce from the second tithe in this-and-this place?" and he nodded his head, he should be tested three times like he is tested with regard to a bill of divorce.15[If it is proven that he understands what he is being told,] his words have consequence.
Halacha 6
If one was told in a dream: "The produce from the second tithe of your father that you are seeking is in this-and-this place," [the statements are of no consequence.16This applies even] if he found the produce there like he was told. For words communicated in a dream are of no significance at all.17
Halacha 7
Although a person tells his sons: "Even if you are dying, do not touch [what is in] that corner,"18 if money is found there, it is considered as ordinary money.19[Different laws apply if] he buried money in their presence and told them: "It belongs to so-and-so" or "It is from the second tithe." If it appears that he is speaking with guile,20we do not pay attention to his words. If it appears that he is serious, his words are given weight.21
Halacha 8
When a person finds a container22 with the letter mem written on it, its contents23 [are considered as] the second tithe.24 When there is a dalet written on it, its contents are considered demai; a tet, tevel; kuf, for a sacrifice. If the container was metal,25 the container and its contents were consecrated for a sacrifice. For in dangerous times,26 they would write one letter from the name [as a sign].
Halacha 9
When coins - even golden dinarim, together with silver, and [brass] coins27 - are found in Jerusalem, they are considered as ordinary money. [The rationale is that] the streets of Jerusalem are swept every day.28 If a shard upon which was written ma'aser,29 it is considered as the second tithe.30
When does the above apply? During the majority of the days of the year. On the pilgrimage festivals, by contrast, all [the money found] is considered as from the second tithe.31
Halacha 10
Money which is found in front of a seller of livestock in Jerusalem are always32 considered as from the second tithe. We operate under the assumption that the majority of the clients are bringing money from the second tithe and using it to purchase animals.33 [Money] which is found on the Temple Mount is always considered as ordinary funds. We operate under the assumption that it came from the Temple treasury and the treasurers had already transferred its holiness to an animal.34
Halacha 11
[The following rules apply when] money is found in a chest that had been used for both ordinary produce and the second tithe. If the majority of the people who placed money [in the chest placed money] from the second tithe, the money is considered as from the second tithe. If the majority placed ordinary money, the money is considered as ordinary money.35 If the ratio is half and half, the money is considered as ordinary money.36
Halacha 12
When one find produce between produce of the second tithe and produce that is terumah, it should be included among the type to which it is closest.37 If it is equidistant [from both], it should be eaten according to the stringencies that apply to both. Thus it is forbidden to non-priests; one must wash his hands [before partaking of it],38and must wait until sunset [on the day of one's purification before partaking of it]39like terumah. [Similarly,] it is forbidden to one in an acute state of mourning40 and must be brought [to Jerusalem] as required of the second tithe.
Similar principles apply with regard to coins that are found between ordinary coins and coins from the second tithe.
Halacha 13
When produce that is from the second tithe of demai and produce that is definitely from the second tithe are mixed together, [the mixture] must be eaten according to the more stringent requirements.41
Halacha 14
When produce from the second tithe becomes mixed with ordinary produce, [the mixture] should be eaten in a state of ritual purity in Jerusalem or the second tithe should be redeemed. Therefore if such a mixture takes place in Jerusalem,42 even the smallest amount of the same species43 becomes forbidden [to be eaten as ordinary produce]. Since the produce is in Jerusalem, it is considered as an entity that can be permitted44 and should be eaten in a state of ritual purity.
Halacha 15
When a person sows produce from the second tithe after it had entered Jerusalem,45 the produce which grows is considered as produce from the second tithe.46If he sows it before it enters Jerusalem,47 the produce which grows is considered as ordinary produce even if its seed does not decompose. [Preferably, however,] it should be redeemed at the time it was sown.48
Halacha 16
When produce from the second tithe is mixed with other substances, it is considered as nullified when mixed with a simple majority.49
To which produce from the second tithe does this apply? To produce that entered Jerusalem and then departed from there and afterwards, the walls of the city fell. Thus it is impossible to return it to [the holy city] and it is impossible to redeem since it has already entered that place. [This applies] even though [its fifth] is not worth a p'rutah.50It is a substance that has no way to be permitted and is there nullified by a simple majority, as stated in Hilchot Issurei Ma'achalot.51
FOOTNOTES
1.And if some coins are lost, the loss is deducted from the ordinary coins [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:5)]. The rationale is that it is possible that the coins of only one type were lost. As a stringency, we assume that it was the ordinary coins that were lost.
2.Before they fell (ibid.).
3.Since they were all mixed together, it is not likely that the loss was suffered by one type of coin alone.
The Radbaz maintains that even if the coins were mixed together after they fell, the money should be divided proportionally, because there is no way of knowing which type of coins one has in hand.
4.This applies in both instances, whether they are scattered or mixed together [the Rambam's Commentary to the Mishnah (ibid.)].
5.It is, however, preferable to use silver (Radbaz). The Meiri differs and maintains that it is preferable to redeem the coins with brass.
6.As mentioned previously, in that time, the mintage of coins were not entirely standard and sometimes there were some fluctuations of weight. Also, some coins could have been affected by wear and tear.
7.Since it was not found in the place where he told him it was located, we assume that the produce from the second tithe was lost and this is new produce.
8.100 silver pieces.
9.I.e., we assume that his father did not mention the ordinary money that was there, but rather informed him only of the money that was from the second tithe, because only those funds were important from a ritual perspective.
10.We assume that the money from the second tithe was taken and that these are different funds.
11.Since the amount he discovered was not the same amount that he put there, we assume that the original funds were taken and that these are new funds. In this instance, the person placed the funds there himself. Hence, there is a difference between this instance and the first clause in which he was conveyed the information by his father.
The Ra'avad notes that the Rambam's ruling appears to be a departure from the ruling of the Mishnah (Ma'aser Sheni 4:12) which states that all of the 100 are the second tithe. The Kessef Mishneh explains that the Rambam's ruling is based on Beitzah 10b which follows this line of thinking.
12.In such an instance, one would have reason to think that one wallet contains the money that is the second tithe and the other ordinary money.
13.This is a stringency since it was not known which of the pouches contained the produce of the second tithe.
14.Lest in fact it had been the smaller ones that contain the produce from the second tithe.
15.See Hilchot Gerushin 2:16 which explains that a person who has lost his ability to speak, but is of sound mind is asked three questions which require different answers, i.e., two positive and one negative or vice versa. If he answers them correctly, the court concludes that he is mentally sound and continues asking him concerning the bill of divorce. See also Hilchot Mechirah 29:3.
16.And the produce is considered as ordinary produce.
17.See Hilchot Zechiyah UMatanah 10:7.
18.I.e., "even if you are dying of hunger do not take the money to spend on your own needs."
19.I.e., we do not say that the father meant that the money was from the second tithe and should not be used for ordinary purposes.
20.So that he does not appear to be rich or so that his sons don't waste the money immediately.
21.See also Hilchot Zechiyah UMatanah 10:5.
22.An earthenware container, as indicated by the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:10).
23.Either money or produce.
24.The mem stands for ma'aser, "tithes." We do not think that the intent is the first tithe or the tithe for the poor, for the consumption of these is not restricted to a specific group.
25.In which instance, the container itself has value and we assume he consecrated it as well. In contrast, an earthenware container is not valuable and would not be consecrated.
26.I.e., in the era of Roman persecution when the Romans tried to stamp out the observance of the mitzvot and the Jews were afraid to write out the entire word.
27.Such a mixture might give the impression that this money was set aside for the second tithe, for generally people do not hold different types of coins together (Rav Yosef Corcus).
28.Generally, we assume that the money found in Jerusalem is ordinary money, because during the majority of the year, there are not that many pilgrims there. Thus we assume that the money fell from one of the inhabitants of Jerusalem. One might, however, object and say that perhaps the money fell from one of the pilgrims during the festivals (see below), but was not discovered until afterwards. Our Sages (Bava Metzia 26a) resolve that query by explaining that since - as a precaution, to remove dead lizards or other objects that impart ritual impurity - the streets of Jerusalem are swept every day, we can assume that any money lost on the festivals would already have been discovered and these are ordinary funds.
29."Tithes," i.e., the second tithe, for it is the only money of the tithes that may not be used in an ordinary manner.
30.We do not suspect that perhaps the person was carrying ordinary money and the shard from a container in which he had once stored money from the second tithe [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:9)].
31.For then the majority of people in Jerusalem are pilgrims. They bring the money from the second tithes that they collected throughout the year to purchase food in Jerusalem. Thus at that time, most of the money circulating in Jerusalem is from the second tithe.
32.I.e., not only during the pilgrimage festivals, but throughout the year.
33.Animal could be purchased with the funds from the second tithe and this indeed was the practice of the majority of the pilgrims [see the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)]. Even during the remainder of the year, there were some pilgrims who came to Jerusalem and they were the majority of the purchasers of animals for slaughter.
34.People were not allowed to bring money to the Temple Mount (Hilchot Beit HaBechirah 7:2). Hence it is most likely that the money found there came from the Temple treasury. Now the priests would not take the money from the Temple treasury until they transferred its holiness to an animal. Hence we can assume that the holiness of the money had already been transferred and the status of the money found was ordinary [see the Rambam's Commentary to the Mishnah (Shekalim 7:2)].
35.The Kessef Mishneh notes that this situation is discussed in greater detail in Pesachim 7a and questions why the Rambam does not cite all the particulars mentioned there.
36.The Ra'avad states that we should rule stringently and consider the majority as from the second tithe. The Radbaz also suggests that they should be considered as from the second tithe and redeemed on other money.
37.See parallels in Hilchot Shekalim 3:15; Hilchot Gezeilah ViAveidah 15:18.
38.As required by Hilchot Terumah 11:7.
39.See ibid. 7:2.
40.See Chapter 2, Halachah 1.
41.The Radbaz states that this is also speaking about a situation where the mixed produce is equidistant from the other two. Chasdei David emphasizes that the Rambam does not say "according to the stringencies that apply to both," because there are no stringencies in the laws applying to the second tithe of demai over produce that is definitely from the second tithe. The stringencies applying to produce that is definitely from the second tithe are mentioned in Chapter 3, Halachot 8-9, Chapter 5, Halachah 4, and Chapter 11, Halachah 8.
42.Where it is forbidden to redeem produce from the second tithe (Chapter 2, Halachah 8).
43.Our translation differs from the standard published text of the Mishneh Torah and is based on authoritative manuscripts and early printings. Note the Kessef Mishneh which offers an alternative explanation.
See Hilchot Ma'achalot Assurot 15:12 which states that the stringency governing an entity that can be permitted applies only to mixtures of the same species.
44.Because no prohibition will be violated if, as the Rambam continues, the entire mixture will be eaten in a state of ritual impurity.
45.When it can no longer be redeemed.
46.And must be treated with all the restrictions incumbent on such produce. This applies even if the seed from which the produce grows decomposes.
47.At which point it can still be redeemed.
48.Preferably, one should redeem it so that one is not nullifying a prohibition by leaving it in the ground, for this should not be done as an initial preference (Hilchot Ma'achalot Assurot 16:12). After the fact, however, the prohibition is nullified.
49.As opposed to other prohibited substances that require 60 or more times the amount of the prohibited substance.
50.In which instance, the obligation to separate the second tithe is merely Rabbinic in origin (see Chapter 2, Halachah 9, and notes).
51.Hilchot Ma'achalot Assurot 15:11 places restrictions on nullifying substances that can become permitted. Implied is that if a substance cannot become permitted, no such restrictions apply.
Maaser Sheini - Chapter 7
Halacha 1
Produce that was purchased with money from the second tithe1 should not be redeemed outside Jerusalem unless they contracted ritual impurity from a primary source of ritual of ritual impurity. Instead, they should be brought to Jerusalem and eaten there.
Halacha 2
This is the stringency of produce purchased with money from the second tithe over the produce of the second tithe itself. If, however, it contracted ritual impurity from a secondary source of ritual impurity,2 it should be redeemed and eaten in Jerusalem.3
Halacha 3
Money from the second tithe should be used only to purchase food for humans4 that grows from the earth or grows from the products of the earth, e.g., those entities explicitly mentioned in the Torah [Deuteronomy 14:26]: "Cattle, sheep,5 wine, and strong drink."
Halacha 4
For this reason, we do not purchase water, salt,6 truffles, and mushrooms7with money from the second tithes, because they are not products of the earth. Similarly, one should not purchase produce that is attached to the earth or produce that cannot be brought to Jerusalem,8 because this does not resemble cattle and sheep.9
Halacha 5
Honey, eggs, and milk are considered like cattle and sheep. Even though they are not produces of the earth, they are the products of its products.10
Halacha 6
A mixture of water and grapes11 that has not turned to vinegar should not be purchased with money from the second tithe, because it is like water. Once it turns to vinegar, it can be purchased [with these funds] like wine or strong drink.12 If one purchased it before it fermented and then it fermented, it is acquired by the second tithe.13
Halacha 7
When does the above14 apply? When one mixed three units of water and received less than a fourth unit of the mixture. If, however, one mixed three units and received four,15 the mixture is considered as diluted wine and may be purchased with money from the second tithe.
Halacha 8
Buds from branches16 and carob trees17 before they become sweet may not be purchased [with money from the second tithe].18 After they become sweet, they may be purchased [with those funds]. But luf,19 mustard, vetch, and other produce that is pickled may be purchased [with these funds], whether they have already become sweet or not.20 Date hearts21 may be purchased with money from the second tithe.
Halacha 9
Safron may not be purchased [with these funds], for it serves only as a coloring. Similar laws apply in all analogous situations involving herbs that provide an aroma, color, or taste. Since these herbs are not [included] in foods to partake of be eaten for their substance, only for their flavor, they should not be purchased with money from the second tithe. Therefore spices,22 pepper, costus, chiltit,23 safflower, and the like may not be purchased with money from the second tithes.
Halacha 10
Anise, when used to flavor a cooked dish, should not be purchased with money from the second tithe. If it is used for a dip24 or the like, in which instance, it is part of the food itself, it can be purchased with money from the second tithe.25 If one mixed water and salt and put oil into it, it is considered as brine and may be purchased with money from the second tithe. The cost of the water and the salt should be included in the cost of the oil.26
Halacha 11
One may not use money of Maaser Sheni to purchase produce that is terumah27 because by doing so, one limits the consumption of both [the terumah] and [the second tithe]. For terumah may only be eaten by priests on the evening [after they immersed themselves].28It is permitted to those in the acute state of onein mourning and can be eaten in any place.29 The second tithe, by contrast, is permitted to non-priests and those who immersed themselves that day.30 It is forbidden to one in the acute state of onein mourning and must be eaten in Jerusalem. Thus, [by purchasing terumah with such funds,] one restricts the consumption of the second tithe and the consumption of terumah.31
Halacha 12
A domesticated animal to be offered as a peace offering may be purchased32 from the money of the second tithes,33 since peace offerings may be eaten by non-priests. At the outset, [pilgrims] would purchase animals with the money of the second tithe to partake of them as ordinary meat so that they would not be offered on the altar.34 [Hence,] the court decreed that one could not use these funds to purchase a domesticated animal unless it was brought as a peace offering. One may, however, use these funds to purchase non-domesticated animals35 or fowl, for these are unfit for peace offerings.
Halacha 13
The produce of the Sabbatical year may not be purchased with money from the second tithes, because there is an obligation to destroy it, as will be explained.36
Halacha 14
When a person purchases salt, produce that is still attached [to the ground], or produce that cannot be brought to Jerusalem, 37 they are not acquired by the second tithe38 even though the money is now considered as ordinary funds.39
Halacha 15
When a person inadvertently purchases produce outside of Jerusalem with money from the second tithe,40 the seller is compelled to return the money to the owner41 and it is considered as the second tithe as it was originally.42 If he makes the purchase intentionally,43 the produce he purchased must be taken to Jerusalem and eaten there.44 [In the age when] the Temple no longer exists,45 they should be put aside until they rot.46
Halacha 16
Similarly, a domesticated animal47 should not be purchased with money from the second tithe outside of Jerusalem. If one purchased it unknowingly, the money should be returned to its [owner]. If it was done intentionally, it should be brought to Jerusalem and eaten there. [In the age when] the Temple no longer exists, [the animal] and its hide should be buried.48
Halacha 17
[The following laws apply when] one purchases servants, land, or an unkosher animal, whether intentionally or unintentionally,49 [with money from the second tithe]. If the seller fled,50 [the purchaser] should [purchase food] with the amount of money he spent and eat it in Jerusalem under the restrictions applying to the second tithe. This is the general principle: If the seller fled or died, whenever one spent the money of the second tithe on matters other than food, drink, and daubs, he must partake of an equivalent [value of food in Jerusalem]. If the seller was present, the money should be returned to [the original owner].51 Similarly, if a person brought burnt offerings, sin offerings, or guilt offerings from the money of the second tithe,52 he must partake of an equivalent [value of food in Jerusalem].53
Halacha 18
When a person [used money from the second tithe to] purchase a non-domesticated animal for a peace offering54 or a domesticated animal to be eaten as ordinary meat,55 it is as if he [used it to] purchase an ox for plowing and the animal is not designated as a peace offering.56 If he purchased a domesticated animal to be offered as a peace offering and it became blemished, the holiness of the second tithe leaves it. It should be redeemed57 and the funds are not considered as money from the second tithe. Nevertheless, if he redeems it himself,58 he must add a fifth of its value.59
Halacha 19
When one consecrates money from the second tithe for [the purpose of purchasing] a peace offering, the consecration is not effective, 60 for the sanctity of the peace offering does not encompass [an entity already] sanctified to the second tithe. For the second tithe is the property of the Most High.61 Needless to say, this applies if he consecrates the produce of the second tithe itself for the purpose of purchasing] a peace offering, the consecration is not effective.
Halacha 20
[The following laws apply when a person] partakes of entities consecrated to the second tithe as ordinary produce [outside of Jerusalem], even intentionally. If he partook of the produce from the second tithe itself, he should cry out to heaven.62 If he [used] money from the second tithe [to purchase other food that] he ate, the money should be returned to its [owner]63 and he should bring them to Jerusalem and partake of them there. Alternatively, if the money cannot be returned, he should [purchase food] with the amount of money he spent and eat it in Jerusalem.
FOOTNOTES
1.The rationale is that since the produce was redeemed once, it should not be redeemed a second time.
2.Our translation follows authoritative manuscripts and early printings. The standard printed text of the Mishneh Torah adds the phrase "because of Rabbinic decree."
3.The rules governing this produce have a double dimension of severity. Since according to Scriptural Law, this produce is ritually pure, our Sages were stringent and required it to be brought to Jerusalem and eaten there. Nevertheless, to support their decree of ritual impurity, they also required that it be redeemed (Kessef Mishneh).
4.I.e., and not animal fodder.
5.I.e., these types of livestock do not grow from the earth, but they derive their nature by pasturing on the earth's products.
6.Moreover, even if water and salt are mixed together with produce, that produce should not be purchased with money from the second tithes (Radbaz). See Halachah 14 with regard to such purchases.
7.Truffles and mushrooms do not have roots and do not derive nurture from the earth.
8.I.e., it will spoil in the course of the journey.
9.Which are detached entities that can make the journey to Jerusalem without being spoiled.
10.Eggs and milk are animal products and the animals receive their nurture from the earth and honey is actually the sap of flowers.
11.In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that timed is made by mixed grape dregs with water and leaving it to turn into vinegar.
12.For the water originally included in it is not considered significant.
13.The Radbaz explains that when the transaction was first made, it was invalid. Hence, the money remained holy. Afterwards, when the mixture turns into vinegar, the transaction is completed and the holiness of the money is transferred. Rashi (Chulin 27a) offers a different explanation.
14.I.e., the restriction against purchasing a mixture of grape dregs and water with money from the second tithe.
15.And thus the water drew out a significant amount of grape juice from the dregs.
16.In his Commentary to the Mishnah (Shvi'it 7:5; Uktzin 3:4), the Rambam explains that branches of shrubs that grow in vineyards are pickled in brine while they are still soft and then eaten. They are, nevertheless, not eaten by all people and the money from the second tithe may only be used to purchase food.
17.This refers to branches of the carob tree, because the carobs themselves are considered as food, as stated in Chapter 1, Halachah 3.
18.Because in this state, they are not fit to be eaten.
The commentaries have noted that the Rambam's ruling in Hilchot Shabbat 18:6 implies the direct opposite: that before they become sweet, they are considered as food for humans and after they become sweet, they are considered as food for animals. This issue is discussed by the later commentaries.
19.A sub-species of the onion family.
20.Since these species are more commonly eaten, they are considered as food even though they are not yet fit to be to eaten.
21.In his Commentary to the Mishnah (Uktzin 3:4), the Rambam defines this term as referring to the tip of the date palm which is like dried cheese and is eaten by people.
22.In his Commentary to the Mishnah (ibid.:5), the Rambam gives cinnamon, nutmeg, spikenard, and other similar species as examples.
23.A sharp and pungent herb.
24.This refers to a mixture of milk and bread crumbs referred to in the Talmud as kutach.
25.See Hilchot Tuma'at Ochalin 1:7 which makes similar statements with regard to anise.
26.For in truth, only the oil can be purchased with the money of the second tithe. Nevertheless, the water and the salt are considered as subordinate to the oil and hence, can be included in its price.
27.The Rambam uses a plural term for terumah, for he includes both the great terumah and terumat ma'aser in this prohibition.
28.See Hilchot Terumah 7:2. Needless to say, it may also be eaten by priests who were ritually impure and who did not need to immerse themselves, but the Rambam is mentioning the aspect of the laws in which it differs from the second tithe, as he proceeds to state.
29.As indicated by the following clause, the second tithe differs from terumah in all these matters.
30.The second tithe must also be eaten in a state of ritual purity. Nevertheless, in contrast to terumah, it may be eaten directly after one immerses oneself in a mikveh. He need not wait until the evening.
31.And it is forbidden to restriction the consumption of sacred foods. See Hilchot Pesulei HaMukdashin 6:12 and Hilchot Ma'aseh HaKorbanot 10:10.
32.In Jerusalem. See Halachah 16 and Chapter 4, Halachah 6.
33.See the Commentary of Rav Ovadiah of Bartenura to Ma'aser Sheni 1:2 which states that the fundamental mitzvah is to use the money from the second tithe to purchase peace offerings.
34.For by offering them on the altar, they would have to give certain portions of the meat to the priests.
35.E.g., deer. Our Sages did not include the purchase of these animals in their decree.
36.See Hilchot Shemitah VeYoval 7:1 which explains that after the Sabbatical year, the produce that remains must be destroyed. Thus by purchasing this produce with funds from the second tithe, one would be reducing its use.
37.All of these should not be purchased with money from the second tithe as stated in Halachah 4.
38.The holiness of the money of the second tithe is not transferred to them.
39.The Ra'avad challenges the Rambam's ruling, maintaining that the holiness of the second tithe remains associated with the money and the seller must return it to the purchaser. The Radbaz explains that the Rambam derives his ruling from the wording of the Mishnah (Ma'aser Sheni 1:5). There the Mishnah has two clauses: one quoted in this halachah which states that that the items are not acquired and one quoted in the following halachah which states that the money should be returned. The variance in wording indicates that there is a difference in law. The Radbaz states, however, that the Rambam would agree that the holiness of the funds of the second tithe is not nullified entirely. Instead, the purchaser must eat an equivalent amount of food in Jerusalem keeping all the restrictions applying to the produce of the second tithe. See Halachah 17.
40.I.e., he purchased produce with money from the second tithe without knowing that he used such funds.
41.The produce purchased does not receive the holiness of the second tithe, but instead, must be returned to the seller [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:5)].
42.Rav Ovadiah of Bartenura explains that since he made the purchase inadvertently, it is as if the transaction was conducted in error and hence it is nullified.
43.I.e., knowing that he was using money from the second tithe.
44.The transaction is binding and the purchaser is compelled to treat the produce he purchased as produce of the second tithe.
45.See Chapter 2, Halachah 1.
46.Since the transaction is binding, the produce receives that holiness and hence, may not be used for any other purpose.
47.We are speaking about a kosher animal that does not have a blemish and hence is fit to be offered as a sacrifice.
48.When it dies. It is not killed before its time. Burying it prevents one from benefiting from it [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:6)]. See also Chapter 8, Halachah 6; Hilchot Pesulei HaMukdashim 19:11.
49.The equation between transgressing intentionally and unintentionally represents a change of approach on the part of the Rambam. In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam states that if the transgression was intentional, in all instances, the purchaser should use an equivalent amount of money to buy food in Jerusalem. The sale is nullified only when the sale is made unintentionally. The Rambam's ruling here is based on Kiddushin 56b.
50.So that the money could not be returned and the sale nullified.
51.And the sale nullified.
52.This is forbidden, because the animal - partially or entirely - is offered on the altar and/or eaten by the priests. Thus the money from the second tithe is not being used for its designated purpose.
53.For once the offerings were brought, the transaction cannot be nullified.
54.This is unacceptable, because peace offerings may be brought only from domesticated animals.
55.This is also unacceptable, because as stated in Halachah 12, our Sages forbade using money from the second tithe for such a purpose [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)].
56.Instead, the sale is nullified. If the animal was already slaughtered, the hide is considered as consecrated with the holiness of the second tithe and the proceeds from its sale must be used as the money of the second tithe.
57.As is required when an animal designated as a peace offering becomes blemished in a manner that prevents it from being sacrificed.
58.If, however, one redeems a sacrifice for someone else, a fifth need not be added, as stated in Hilchot Arachin 7:4.
59.The Ra'avad objects to the Rambam's wording, for he considers it obvious that a fifth must be added. The Radbaz explains that one might think a fifth is unnecessary based on the following reasoning: Since the animal is a peace offering, from the standpoint of the second tithe, it does not belong to him, because it is not his private property, but instead is consecrated. From the standpoint of the peace offering, it can be said that it does not belong to him, because it is the second tithe which is "the property of the Most High."
Alternatively, the explanation of the Rambam's wording depends on a concept explained in Hilchot Arachin, loc. cit.: "[One is] obligate to add a fifth [when redeeming the article that was] consecrated originally, but one [need] not add a fifth [when redeeming an article] whose consecration was a derivative." A derivative means that it was consecrated in the process of redeeming another article (see ibid.:5).
To apply those concepts to the question at hand: Since the consecration of the animal as a peace offering comes as part of the redemption of the money from the second tithe, one might think that there is no need to add a fifth. For that reason, the Rambam [based on the Jerusalem Talmud (Ma'aser Sheni 3:2)] emphasizes that in this instance, the additional fifth is necessary, because since the holiness of the second tithe was removed from it, it is as if it was consecrated initially and it is not considered as a derivative (Rambam LeAm)
60.As mentioned in Halachah 12, one can - and according to many opinions, it is desirable - to purchase an animal to be sacrificed as a peace offering with money from the second tithe. Here, however, we are speaking about a situation where the person designates the money to be used for that purpose, but does not make the purpose as of yet. The Rambam is clarifying that the designation is not effective and the money may be used to purchase any other types of food.
61.Chapter 3, Halachah 17. I.e., when a person consecrates his own money for a peace offering, the consecration is effective, because the money belongs to him and he has the authority to consecrate it. Money from the second tithe, by contrast, does not belong to him. Hence, it cannot be consecrated as a peace offering.
62.I.e., he should cry out to G-d in repentance. He, however, has no other way of atoning for his conduct, because he has eaten the produce upon which the holiness of the second tithe rested.
Our text follows manuscript versions of the Mishneh Torah and the versions suggested by the Ra'avad, the Radbaz, and the Kessef Mishneh. The standard printed text follows a different version.
63.Since the money exists, the holiness from the second tithe has not departed from it. Hence, if it is returned to the owner or its holiness transferred by the owner purchasing other food with its value, the owner fulfills his obligation.
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Hayom Yom:
• Monday, Iyar 26, 5774 • 26 Monday 2014
Monday, Iyar 26, 41st day of the omer
Monday, Iyar 26, 41st day of the omer, 5703
Torah lessons: Chumash: Bamidbar, Sheini with Rashi.
Tehillim: 119, 97 to end.
Tanya: The difference between (p. 269)...to animate them. (p. 269).
The command "You shall rebuke"1 is preceded by the words "You shall not hate your brother," for this is a precondition for the rebuke. The Torah continues, "...and you shall not ascribe sin to him," for if the rebuke was ineffectual, you are certainly the one responsible, for yours were not words coming from the heart.
FOOTNOTES
1. Vayikra 19:17.
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Daily Thought:
What is Alef?(A Point Above, a Point Below)
What Is an Alef?
A point above, a point below, and a line between.
Whatever we may understand of Him
is but an infinitesimal point above.
The only way we can join with Him
is as an infinitesmal point below.
And what empowers us to become this zero point below
that resonates with the infinite point above?
Our awe of Him,
a line that connects below to above.
10 Shevat 5716
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