PAST DEDICATION
BAVA METZIA 90 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael persevere in all of his descendants.

[90 - 52 lines; 90b - 39 lines]

1)[line 1] / / / / TERUMAH / MA'ASER / TEVEL / MA'ASER SHENI / TERUMAS MA'ASER

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Once Terumah has been separated from the produce, the first tithe must be separated; one tenth of the remaining produce is given to a Levi, this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(b)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

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

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim in a state of purity. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5).

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

(f)Our Beraisa teaches us that although Terumah is considered the personal property of the Kohen, and not as Kodesh, it is permissible mid'Oraisa to muzzle an animal belonging to a non-Kohen when working with Terumah, from which it may not eat (RASHI DH Mamon Gavo'ah). The Gemara will discuss to which type of Ma'aser the Beraisa refers.

2)[line 2] MAR'IS HA'AYIN - it looks to the eye [like a prohibited action]

(a)Certain actions are prohibited mid'Rabanan because, to the outside observer, these actions are indistinguishable from others that are prohibited mid'Oraisa or mid'Rabanan. If these actions were permitted, onlookers might learn to permit the prohibited action (which they think is being done) as well. Chazal use the words "Mar'is ha'Ayin" to describe these prohibitions.

(b)The Tana'im argue (Shabbos 146b) whether it is only prohibited to perform such actions in public (where others might observe and misinterpret them), or even in private. Even according to those who prohibit the act in private, there are times when actions prohibited due to Mar'is ha'Ayin are permitted in private:

1.Some say that an act prohibited because it looks like an Isur mid'Rabanan is permitted to be done in private (Tosfos Kesuvos 60a DH Mefarek).

2.Others write that if an act is prohibited because people might think that another act, which actually is prohibited, was done along with it, then it may not be done even in private. If an act is prohibited because people will mistakenly think that the very act that was done is not permitted, we allow him to do it in private. (See Insights to Kesuvos 60:2.)

(c)Our Gemara brings a Beraisa that teaches that one should not let an animal that is threshing Terumah or Ma'aser work without allowing it to eat. Although the prohibition of muzzling an animal that is threshing ("Lo Sachsom") does not apply to produce of Terumah or Ma'aser, nevertheless, observers might not realize that the produce being threshed is Terumah or Ma'aser, and might think that it is permitted to muzzle an animal threshing ordinary produce. We therefore require the owner of the produce to hang a sack of fodder (according to the Rabanan, of the same type as the produce being threshed) before the animal's mouth, so that it will not eat from the Terumah or Ma'aser, yet, at the same time, it will not be muzzled.

3)[line 3]BUL- a handful

4)[line 3]TERASKALIN- a feedbag or basket

5)[line 4]KARSHINIM- the beans of a species of vine, probably the horse-bean (which is rarely used as human food)

6)[line 13] GIDULEI TERUMAH

(a)After a person separates Terumah from his crops, he must give it to a Kohen. If the Terumah itself was planted, the Chachamim decreed that the resulting crop is all Terumah. The reason for the decree is to prevent Kohanim from holding on to their Terumah Temei'ah until the planting season. Even though the crop that grows is no longer Tamei, as it states in Pesachim 34a, the Chachamim feared that the Terumah would be mistakenly eaten before it is planted. A person who eats Terumah Temei'ah violates a positive commandment.

(b)Because, on a mid'Oraisa level, Gidulei Terumah are Chulin, our Gemara teaches that it is forbidden to muzzle an animal that is threshing them.

7)[line 17]TEVEL- produce before it is tithed (see above, entry #1:a-b)

8)[line 18] MA'ASER SHENI- the "second tithe" (see above, entry #1)

9a)[line 18] HA B'MA'ASER RISHON- this case (when a person who muzzles the cow transgresses the prohibition of Lo Sachsom) is referring to Ma'aser Rishon, where the produce is called "Disho," since Ma'aser Rishon is Chulin (and there is no prohibition to feed it to an animal belonging to a Yisrael)

b)[line 19] HA B'MA'ASER SHENI- this case (when a person who muzzles the cow does not transgress the prohibition of Lo Sachsom) is referring to Ma'aser Sheni, where the produce is not called "Disho," since Ma'aser Sheni has an aspect of Kedushah, and it may not be eaten outside of Yerushalayim (see TOSFOS DH Kan)

10)[line 22] [] / MA'ASER [SHENI] MAMON GAVO'AH HU / MAMON HEDYOT HU (MA'ASER, MAMON HEKDESH HU / MAMON HEDYOT HU)

(a)The Tana'im argue as to whether Ma'aser Sheni (see above, entry #1) produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot (the property of its [mortal] owner (Kidushin 54b).

(b)According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser Sheni is not personal property. The owner is only given custodianship of the produce, along with the right to eat it, drink it or (in the case of oil) rub with it (Rashi here and Yevamos 73a). According to the Rebbi Yehudah who rules Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except that the Halachah requires that it be eaten in a specific manner and place.

11)[line 24] HIKDIMO B'SHIBOLIN - he (the landowner) separated it (the Ma'aser) early [while the produce was still] in the [stage of cut] stalks

(a)By Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes removing the chaff in the field, piling up the grain there and bringing it through the front door of his house (Berachos 35b). He is then required to tithe his grain; it becomes "Hukba l'Ma'aser" (designated for tithing - see Background to Bava Metzia 87:49).

(b)Ideally, the owner first separates Terumah Gedolah from the crop and gives it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at approximately one fiftieth of the total crop. Once Terumah has been separated from the produce, the first tithe must be separated; one tenth of the remaining produce is given to a Levi, this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(c)If a Levi came to the field and claimed the Ma'aser Rishon from the stalks before the grain was processed and separated from the stalks, the requirement to give Terumah Gedolah is canceled (regarding the Levi's portion), as Rebbi Shimon ben Lakish (see Beitzah 13b) proves from the wording of the verse (Bamidbar ibid.).

(d)However, if a Levi came to the field and claimed the Ma'aser Rishon from the Kri (the pile of grain which was already processed and separated from the stalks), the Levi must give Terumah Gedolah to a Kohen from his portion (in addition to the Terumas Maaser). The requirement to give Terumah Gedolah is already present as soon as the produce is classified as Dagan (i.e. it is processed), as the verse (Devarim 18:4) states, " ... " "Reishis Degancha ... Titen Lo" - "You should give him the first [part that you separate] from your [piled and completed] produce."

(e)Our Sugya discusses the unusual case of an owner designating Ma'aser Sheini from the unprocessed cut stalks.

12)[line 24] !?V'HA BA'I CHOMAH!?- How [is it possible for the animal to eat the Ma'aser Sheni produce]; it needs [to be eaten within the] walls [of Yerushalayim]!?

13)[line 25] LIFNIM ME'CHOMAS BEIS PAGI- inside the wall of Beis Pagi, an area located at the city limits of Yerushalayim (the word "Pagi" has the connotation of a belt (O.F. cengle), in the sense of a wall that surrounds the city - RASHI)

14a)[line 26] MA'ASER VADAI- Ma'aser Sheni that was separated from fruits that were definitely obligated to have Ma'asros separated from them. (Such Ma'aser Sheni is Ma'aser Sheni d'Oraisa; see above, entry #1.)

b)[line 27] MA'ASER DEMAI - Ma'aser Sheni from produce that is Demai (DEMAI)

(a)Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" - "what is this?").

(b)Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce, since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

(c)Because, on a mid'Oraisa level, Demai can be assumed to be Chulin, our Gemara teaches that it is forbidden to muzzle an animal that is threshing Ma'aser Sheini separated from Demai.

15)[line 31] AF HU...- Yochanan Kohen Gadol (Tosefta Sotah 13:10, according to the Girsa'os of the Minchas Bikurim and the Hagahos ha'Gra)

16)[line 31] BITEL ES HA'VIDUY (VIDUY MA'ASER)

(a)The Torah requires that at two times during the seven-year Shemitah cycle the owner of a field must recite Viduy Ma'aser, as is learned from Devarim 26:12-13.

(b)In the afternoon of Erev Pesach in the fourth and seventh years, the owner performs Bi'ur Ma'aser, giving all remaining Terumah and Terumas Ma'aser to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All remaining Ma'aser Sheni, Kerem Reva'i, Pidyonos of Ma'aser Sheni and Kerem Reva'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and Bikurim must be destroyed wherever they are.

(c)He then says Viduy Ma'aser, declaring that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. According to the MISHNAH (Ma'aser Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach. According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the last day of Pesach.

(d)Ezra ha'Kohen fined the Leviyim of his time who did not come with him back to Eretz Yisrael and decreed that from then on Ma'aser Rishon shall be given to the Kohanim (Ezra 8:15, Yevamos 86b). As a result of this, Yochanan Kohen Gadol annulled the recitation of the Viduy Ma'aser since it includes the words " " "v'Gam Nesativ La'Levi," - "and I have also given [the Ma'aser Rishon] to the Levi," which would not be true. Apparently, the fine of Ezra had not become the common practice until the time of Yochanan Kohen Gadol (as in TOSFOS to Yevamos 86b DH Mipnei).

17)[line 32] GAZAR AL HA'DEMAI- decreed with regard to Demai [that one does not ask whether the required Terumos and Ma'aseros have been separated, rather, he follows the procedure stated above, entry #14b] (MINCHAS BIKURIM to Tosefta Sotah 13:10)

18)[line 36]MATREZES- (O.F. raillier) the animal was afflicted with diarrhea

19)[line 37] MA'ALEI LAH- it (the food that it eats while it is working) is good for it

20)[line 43] CHASOM PARASI V'DOSH BAH- muzzle my cow and use it to thresh (a) your grain (RASHI); (b) my grain (because it goes without saying that the Nochri may thresh his own grain with the muzzled cow of a Jew) (TOSFOS)

21)[line 44] AMIRAH L'NOCHRI SHEVUS

(a)Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah states " " "u'va'Yom ha'Shevi'i Tishbos" - "and you shall rest on the seventh day" (Shemos 23:12). The Rabanan learn that this applies even to things that are not Melachos, and as a result they prohibited actions that were permitted mid'Oraisa (see Shabbos 114b).

(b)Telling a non-Jew to do Melachah for a Jew is one of the Shevus decrees. Even though non-Jews transgress no prohibition by doing Melachah on Shabbos, the Rabanan prohibited telling them to do Melachah for Jews. This prohibition applies even if they are told on Friday, or even if the Melachah is only needed for after Shabbos. (See RAMBAM Hilchos Shabbos, Chapter 6.)

22a)[line 48] MI'AVAR HU D'LO AVAR- he (the Jew who owns the cow) does not transgress the prohibition of Lo Sachsom

b)[line 49] ISURA IKA- [however,] there is a prohibition [associated with this action]

23)[last line] SHALCHU LEI- from Eretz Yisrael

24)[last line] HALEIN TOREI D'GANVIN ARAMA'EI- those bulls that are stolen by the Nochrim (who are friendly with the owners of the bulls)

90b----------------------------------------90b

25)[line 1] U'MEGANCHIN YAS'HON- and they castrate them [to make them more docile for plowing]

26a)[line 2] HA'ARAMAH IS'AVID BEHU- a deception has been performed with them

b)[line 2] A'ARIMU ALAIHU V'YIZDABNUN- [therefore the Halachah states that we should] "deceive" them and force them to sell them, [so that the owners do not benefit from this sin]

27)[line 4] BNEI NOACH METZUVIN AL HA'SEIRUS (SHEVA MITZVOS BNEI NOACH)

(a)People other than Jews are often referred to as Bnei Noach (since all of mankind is descended from Noach). Mankind was commanded to keep seven Mitzvos from the time of Adam ha'Rishon and Noach, before the Jewish nation existed. Although the Mitzvos of the Torah superseded these Seven Mitzvos for the Jewish nation, these Mitzvos remain binding to Bnei Noach today.

(b)The seven Mitzvos are:

1.Avodah Zarah, not to worship idols.

2.Birkas (i.e. Kilelas) HaSh-m, not to curse HaSh-m.

3.Shefichus Damim, not to murder.

4.Giluy Arayos, not to engage in illicit or incestuous relationships. (In addition to adultery, the Gemara (Sanhedrin 57b-58b) discusses which relatives a Ben Noach is prohibited to marry.)

5.Gezel, not to steal.

6.Ever Min ha'Chai, not to eat a limb that is detached from an animal when it is alive.

7.Dinim, appointing judges to keep law and order.

(c)All of these are general commandments with many details. Transgressing any one of them is considered such a breach in the natural order that the offender incurs the death penalty. Chazal termed this as, "Ben Noach - Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben Noach invokes the death sentence" (RAMBAM Hilchos Melachim 9:14). Besides these seven major Mitzvos, Chazal received a tradition that there are other Mitzvos and prohibitions that are incumbent upon Bnei Noach (such as the prohibitions against a Ben Noach keeping Shabbos and learning Torah - see Sanhedrin 58b-59a).

(d)The Beraisa (see Sanhedrin 56b) notes certain Tana'im who rule that other prohibitions are incumbent upon Bnei Noach. Among these is the opinion of Rebbi Chidka (and d'Vei Menasheh ibid.) that Bnei Noach are commanded not to perform castration. The Gemara (ibid. 57a) learns this from the verse " " "Shirtzu va'Aretz u'Rvu Vah" - "bring forth [offspring] abundantly in the land and multiply in it" (Bereishis 9:7). The Rabanan disagree; they explain that this verse is a blessing and not a commandment (ibid.).

(e)The Rambam (ibid. 8:11) writes that all Bnei Noach who accept upon themselves the Seven Mitzvos and are careful to keep them are termed "Chasidei Umos ha'Olam" ("the Pious Ones of the Nations") and they merit a share in the World to Come. However, they must keep these Mitzvos specifically because HaSh-m commanded them in the Torah through Moshe Rabeinu. If they keep and perform these Mitzvos as logical guidelines for the survival of the world, they are not termed "Chasidei Umos ha'Olam." When a Ben Noach fulfills a Mitzvah of the Torah that is not prohibited to him, he receives the reward of an "Eino Metzuveh v'Oseh" - "one who performs a Mitzvah in which he was not commanded." This reward is less than the reward of one who performs Mitzvos in which he was commanded (Gemara Bava Kama 38a; Kidushin 31a).

28)[line 5]" ""V'LIFNEI IVER LO SITEN MICHSHOL"- "Do not place a stumbling block before the blind." (Vayikra 19:14) - We learn from this verse that it is forbidden to cause another person to sin by giving him bad advice or by placing before him the opportunity to sin. (Some Rishonim explain that this is only an Isur mid'Rabanan (a Rabbinic prohibition) and is not implicit in the verse.)

29)[line 10] MECHALFEI AHADADEI- they exchanged [animals that their Nochri friends stole and castrated for them] with one another

30)[line 13] HIRBITZ LAH ARI MIBA'CHUTZ- if a person caused a lion to crouch outside [the threshing floor, for example,] that frightened the cow such that it could not eat

31)[line 16] PARAS LAH KATAVLEYA- if a person spread out [over the grain] hides [so that it would not eat the grain]

32)[line 19] L'HATIR PEKI'A AMIR- to untie a bundle of straw [before the animal]

33)[line 28]" ... ...""YAYIN V'SHECHAR AL TESHT ATAH U'VANECHA ITACH B'VO'ACHEM... UL'HAVDIL BEIN HA'KODESH U'VEIN HA'CHOL..."- "Do not drink wine nor strong drink, not you, nor your sons with you, when you go into [the Tent of Meeting, lest you die; it shall be a statute forever throughout your generations.] And that you may differentiate between the holy and the unholy, [and between the Tamei and the Tahor]." (Vayikra 10:9-10)

34)[line 34] HA'MEZAVEG B'CHIL'AYIM - one who couples animals of different species into a harness to work together (KIL'AYIM: KIL'EI BEHEMAH)

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of animals.

(b)HARBA'AS BEHEMAH refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, " " "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.

1.Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).

(c)CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type of Melachah (work) with two different types of animals, as the Torah states " " "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of driving or riding two different types of animals together is included in the definition of Melachah. One who intentionally transgresses this prohibition is liable to Malkos.

1.Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (Peirush ha'Mishnayos ibid., Hilchos Kil'ayim 9:7), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as an ox and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

35a)[line 35] CHASAMAH B'KOL- he muzzled it (i.e. he managed to get the animal not to eat while it was working) with his voice, i.e. shouting or talking to it

b)[line 36] HINHIGAH B'KOL- he led different species of animals (see above, entry #34:c) by shouting or talking to them

36)[line 37] AKIMAS PIV- (lit. curving of the mouth) the movement of his mouth when he speaks

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