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BAVA METZIA 53

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BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

A non-Kohen or a Kohen Tamei who eats Terumah or Bikurim b'Mezid is Chayav Misah b'Yedei Shamayim.
 
A non-Kohen who eats Terumah or Bikurim b'Shogeg must pay the principle plus an additional fifth to the Kohen.
 
Terumah and Bikurim are the property of the Kohen and he may be Mekadesh a woman with it.
 
Terumah and Bikurim is only Batel in a hundred parts of Chulin.
 
A person who eats fruit of Terumah and Bikurim must wash his hands before eating. (1)
 
If a person is Tamei with a Tum'ah d'Oraisa he must wait until nightfall before eating Terumah or Bikurim, however regarding Ma'aser Sheni none of the above Dinim apply. (2)
 
A prohibition that will eventually become permitted is not Batel mid'Rabanan.
 
Ma'aser Sheni is not Batel because it will eventually be permitted with the exception of Ma'aser Sheni which is worth less than a Perutah or Ma'aser Sheni which entered and exited Yerushalayim. (3)
 
If a person has Ma'aser Sheni which is worth less than a Perutah he shall redeem the Ma'aser along with the fifth on money that was already used for the redemption of Ma'aser Sheni.
 
Ma'aser Sheni d'Oraisa and d'Rabanan may not be combined for the value of a Perutah and may not be redeemed on a Perutah. (4)
 
Ma'aser Sheni that is Tamei may be redeemed even in Yerushalayim. (5)
 
Produce that was bought with money of Ma'aser Sheni and became Tamei may be redeemed, while R. Yehudah holds it must be buried.
 
Min ha'Torah Ma'aser Sheni may not be eaten outside the walls of Yerushalayim and the Rabanan decreed that once the Ma'aser Sheni was brought within the walls of Yerushalayim it may no longer be redeemed. (6)
 
R. Sheshes says that even if Ma'aser Sheni that is worth less than a Perutah it may no longer be redeemed once it is was brought within the walls of Yerushalayim.
 
R. Ami says if Ma'aser Sheni is worth less than a Perutah it may not be redeemed, while R. Asi says even if the Chomesh (fifth) is worth less than a Perutah it may not be redeemed.
 
If a non-Kohen eats Terumah b'Shogeg is a Safek if he pays a fifth of the value of the Terumah or a fifth of the total of the Terumah plus the fifth.
 
If someone is Makdish an item and he offers to redeem it for 20 and others also offer to redeem it for 20 the owner has priority because he adds a fifth. (7)

A BIT MORE

1. Because unwashed hands are regarded as a Sheni l'Tum'ah and a Sheni makes Terumah into a Shlishi.
 
2. There is no Chiyuv Misah or Chomesh (a fifth) for Ma'aser Sheni and a person may not be Mekadesh a woman with Ma'aser Sheni according to R. Meir who holds that Ma'aser Sheni is Mamon Gavohah (it has Kedushah), Ma'aser Sheni is also Batel in a simple majority, there is no obligation to wash one's hands before eating fruit of Ma'aser Sheni and if a person is Tamei he doesn't have to wait until nightfall before eating Ma'aser Sheni.
 
3. Ma'aser Sheni which is worth less than a Perutah may not be redeemed if he doesn't have any coins which were used for the redemption of Ma'aser Sheni and Ma'aser Sheni which entered and exited Yerushalayim may also not be redeemed.
 
4. Ma'aser Sheni that is d'Rabanan is Ma'aser that was Batel b'Rov which is Batel Min ha'Torah, however the Rabanan decreed that Mitzvah is not Batel because it will eventually be permitted when it is redeemed.
 
5. Ma'aser Sheni that is Tahor may only be redeemed outside of Yerushalayim, however if it is Tamei it may be redeemed even inside Yerushalayim since it may not be eaten.
 
6. If Ma'aser Sheni was brought within the walls of Yerushalayim even if the walls fell down it may not be redeemed because the Rabanan did not differentiate between a case where the walls are intact or not .
 
7. If a person redeems his own Hekdesh or Ma'aser Sheni he must add a fifth but if others redeem it they do not add a fifth.

BRIEF INSIGHT

PROHIBITION TO ZARIM
 
The Mishnah states that here is a Chiyuv Misah for eating Terumah and a Chomesh and it is forbidden to non-Kohanim. Rashi explains that even though the Mishnah states that there is a Chiyuv Misah for eating Terumah and Bikurim the Mishnah also states that it is forbidden to non-Kohanim in order to teach us that Ma'aser Sheni is not at all forbidden to non-Kohanim. However, Tosfos explains that the Mishnah is teaching us that with regards to less than a K'Zayis, even though there is no Chiyuv Misah, it is forbidden to non-Kohanim because a partial Shi'ur is forbidden Min ha'Torah. The Tosfos Yom Tov explains that according to Rav there is no Chiyuv Misah for a non-Kohen who eats Terumah, consequently when the Mishnah states that there is a Chiyuv Misah it is a reference to a Kohen Tamei who eats Terumah not to a non-Kohen and therefore the Mishnah must also state that Terumah and Bikurim are forbidden to a non-Kohen.

QUICK HALACHAH

ONA'AH FOR A MERCHANT
 
Anything that will be permitted such as an egg that was hatched on Yom Tov which will be permitted the next day if it is mixed with other eggs whether they are whole or cracked it is not Batel even in a thousand. (Shulchan Aruch YD 102:1)

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