12th Cycle Dedication

ERCHIN 11 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the twelfth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

VERBAL SEPARATION OF TITHES (Yerushalmi Maaser Sheni Perek 5 Halachah 4 Daf 31b)

îùðä àîø øáé éäåãä áøàùåðä äéå ùåìçéï àöì áòìé áúéí ùáîãéðåú îäøå åäú÷éðå ôéøåúéëí òã ùìà úâéò ùòú äáéòåø òã ùáà øáé ò÷éáä åìéîã ùëì äôéøåú òã ùìà áàå ìòåðú äîòùøåú ôèåøéí îï äáéòåø.

(a)

(Mishnah) (R. Yehuda): Originally, messengers would be sent to the land owners in the provinces, saying, "Quickly rectify your produce before the time of Biur arrives". (This involves tithing and giving the Terumos and Maaseros to the correct recipients.) This was until R. Akiva came and taught them that all produce that had not reached the time of its tithing is exempt from Biur.

îé ùäéå ôéøåúéå øçå÷éí îîðå öøéê ì÷øåú ìäï ùí.

(b)

One whose produce was far from him (at the time of Biur) must verbally separate its tithes (thereby making the future recipients the owners).

îòùä áøáï âîìéàì åäæ÷ðéí ùäéå áàéí áñôéðä àîø øáï âîìéàì òéùåø ùàðé òúéã ìîåã ðúåï ìéäåùò åî÷åîå îåùëø ìå. òéùåø àçø ùàðé òúéã ìîåã ðúåï ìò÷éáä ùéæëä áå ìòðééí åî÷åîå îåùëø ìå.

(c)

Once, Rabban Gamliel and the Elders were travelling by ship. Rabban Gamliel said, "The tenth that I will measure is given to R. Yehoshua and its location is rented to him. The other tenth that I will measure is given to Akiva to acquire for the poor and its location is rented to him."

àîø øáé éäåùò òéùåø ùàðé òúéã ìîåã ðúåï ìàìòæø áï òæøéä åî÷åîå îåùëø ìå [ãó ðä òîåã à (òåæ åäãø)] åðú÷áìå æä îæä ùëø:

(d)

R. Yehoshua said, "The tenth that I will measure is given to Elazar ben Azaria and its location is rented to him", and they received payment from each other.

âîøà åìà èáì äåà.

(e)

(Gemara) Question: If the produce is still Tevel, why must Biur be done to it?

øáé äéìà áùí ùîåàì æàú àåîøú ùäèáì ÷øåé ÷åãù.

(f)

Answer (R. Hila citing Shmuel): This shows that Tevel is also called 'Holy' (as in the pasuk about Biur that says 'I have removed the Holy items from the house').

àîø øáé éåãä îòùä áøáï âîìéàì åäæ÷ðéí ùäéå éåùáéï òì îòìåú äàåìí áäø äáéú åäéä éåçðï äëäï äñåôø äìæ éåùá ìôðéäí

(g)

Tosefta (R. Yehuda): Once, Rabban Gamliel and the Elders were sitting on the steps of the Ulam (entrance hall) on Har HaBayis and Yochanan HaKohen, the Scribe, was sitting in front of them.

àîøå ìå öà åëúåá àçéðå áðé âìéìà òéìàä áðé âìéìà àøòéúà ùìîëåï éñâà îåãòðà ìëåï ãîèà æîï áéòåøà úô÷åï îòùøéà îï îòèðé æéúàé.

1.

They said to him - Write (the following) - 'To our brothers, the people of the Upper Galilee and the people of the lower Galilee, your peace should increase. We are informing you that the time of Biur for olives has arrived. Take out the Maaser from the place that you have collected the olives.'

ìàçðà áðé ãøåîà òéìàä åáðé ãøåîà àøòéúà îåãòðà ìëåï ãîèà æîï áéòåøà úô÷åï îòùøéà îòîøé ùéáìéà.

2.

(In a second letter, write) - 'To our brothers, the people of the upper South and lower South. We are informing you that the time of Biur has arrived. Take out the Maaser from the piles of wheat.'

ìàçðà áðé âìåúà ãááì åáðé âìåúà ãîãé åáðé âìåúà ãéåï åùàø ëì âìååúäåï ãéùøàì ùìîëåï éñâà îåãòðà ìëåï ãàéîøéà øëéëéï åâåæìéà ã÷é÷éï åùôø áàðôéé åáàðôé çáéøéé îåñôà òì ùúà ãà úìúéï éåîéï:

3.

(In a third letter, write) - 'To our brothers, the people of the exile of Bavel, Madai and Yavan and all of the other exiles of Yisrael, your peace should increase. We are informing you that the lambs are still tender (and not yet suitable for the Pesach offering), the chicks are still small (and not yet suitable for sacrifices for those that gave birth). It is correct before me and my colleagues to enact a leap year and add 30 days to this year.

äãà àîøä ùàéï ðåúðéï îòùø ìëäåðä.

(h)

(Returning to the story of Rabban Gamliel in our Mishnah) This shows that one may not give Maaser to the Kohen (as Rabban Gamliel gave the Maaser to R. Yehoshua ben Chananya, who was a Levi, rather than to R. Elazar ben Azaria, who was a Kohen)...?

ùðééà äéà ùäéä øáé éäåùò áï çððéä úîï.

(i)

Rebuttal: R. Yehoshua ben Chananya was there (and Rabban Gamliel didn't want to embarrass him by giving the Maaser to the Kohen).

àîø øáé çððéä äãà àîøä [ãó ìá òîåã à] ùäéä øáï âîìéàì öøéê ìæëåú.

(j)

(R. Chananya): Rabban Gamliel's actions show that one needs to make a Kinyan (act of acquisition, rather than merely verbally declaring the tithes).

[ãó ðä òîåã á (òåæ åäãø)] à"ø éäåùò áôéøåú îçåáøéï ì÷ø÷ò àéìå ÷åôúå ùì øáï âîìéàì ðúåðä ìúåê áéúå ùì øáé éäåùò åàåîø éæëä ìîòùø ùáä ëìåí òùä òã ùéñééí:

(k)

(R. Yehoshua): Rabban Gamliel made acquisitions through renting to them the land, as the produce was resting on the land. If it would have been in his utensils, even if they were in the home of R. Yehoshua (for example) it would not have been possible to make the acquisition).

øáé øãéôä àîø àéúôìâåï øáé éøîéä åøáé éåñé çã àîø äøàåé ìéèåì æëä åçøðà àîø äøàåé ìéúï æëä.

(l)

(R. Redifah): There is a dispute between R. Yona and R. Yosi - one said that one who is able to take for himself (i.e. a poor man) can acquire for another; the other said that even one who is able to give (i.e. a rich man) can acquire for another.

îàï ãîø äøàåé (ìéèåì)[ìéúï] ë"ù (ìéúï)[ìéèåì] åîàï ãîø äøàåé (ìéúï)[ìéèåì] àáì (ìéèåì)[ìéúï] ìà

(m)

The one who said 'one who is able to give' would certainly say 'one who is able to take'; the one said 'one who is able to take' would say that 'one who is able to give' would not be able to acquire for another.

äà îúðé' ôìéâà òì î"ã äøàåé ìéèåì æëä. ãúîï úðéðï (äàåîø úï âè æä ìàùúé ùëï øàåé äåà ì÷áì âè áúå åùèø ùéçøåø æä ìòáãé ùëï äåà øàåé ì÷áì ùèø ùéçøåøå) [äú÷áì âè æä ìàùúé àå äåìê âè æä ìàùúé àí øöä ìäçæéø éçæéø[

(n)

Question: There is a Baraisa that is unlike the one who said 'one who is able to take' - "If a man said to a messenger, 'Accept this Get for my wife' or 'Take this Get to my wife', if he wants to retract, he may retract;

]ùëï øàåé äåà ì÷áì âè ìáúå]

(o)

Answer: Since he is capable of receiving his young daughter's Get.

åúðéðï (äú÷áì âè æä ìàùúé àå äåìê âè æä ìàùúé àí øöä ìäçæéø éçæéø åäòáã øàåé ìäåìéê àú äâè).[úï âè æä ìàùúé [ãó ðå òîåã à (òåæ åäãø)] åùèø ùçøåø æä ìòáãé

(p)

Question (Mishnah): "'Give this Get to my wife' or 'Give this freedom document to my slave'" - how could he accept the freedom document if he himself cannot be freed?

ùëï øàåé ì÷áì âè ùéçøåø

(q)

Answer: It is referring to a slave of another master accepting it on this slave's behalf.

åäòáã øàåé ìäåìéê àú äâè]

(r)

Question: (If the messenger is a slave himself) can a slave take a Get?

ôúø ìä ìöããéï äéà [îúðéúà]

(s)

Answer: The messenger for the Get is not a slave.

îúðéúà ôìéâà òì îàï ãàîø äøàåé ìéúï æëä ãúðéðï úîï òéùåø àçø ùàðé òúéã ìîåã ðúåï ìò÷éáä áï éåñó ëãé ùéæëä áå ìòðééí åîåùëø ìå î÷åîå åøáé ò÷éáä øàåé äåà ìéèåì.

(t)

Question: There is a Baraisa (in Maseches Maaseros) that is unlike the one who said 'one who is able to take' - "The 1/10th that I will separate (as Maaser Ani) is given to Akiva ben Yosef (to acquire on behalf of the poor) and its place is rented to him". Was R. Akiva able to take Maaser Ani?

ôúø ìä òã ùìà äòùéø. åàôéìå úéîø îùäòùéø úôúø ùäéä ôøðñ åéã äôøðñ ëéã äòðé.

(u)

Answer: This occurred before he became rich. And even if it was after he was rich, he was the supervisor for the needs of the poor and the hand of the supervisor is like the hand of the poor themselves.

îéìúéä [ãó ðå òîåã á (òåæ åäãø)] ãøáé éäåùò áï ìåé àîø ááòì äáéú òùéø ðçì÷å àáì ááòì äáéú òðé îàçø ùäåà øàåé ìéèåì æëä:

(v)

A statement of R. Yehoshua ben Levi - that R. Eliezer and the Chachamim disagree over a rich landowner but a poor one can acquire for another poor man, since he is able to acquire it for himself.