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BAVA METZIA 54

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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

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. (1)
 
If someone is Makdish an item and he offers to redeem it for 20 and others offer to redeem it for 21 the owner must redeem it for twenty six. If others offer to redeem it for 22 the owner must redeem it for 27…. and if others offer to redeem it for 25 the owner must redeem it for 30. (2)
 
When a person pays a Chomesh (a fifth) he pays a fifth of the total value of the principle plus the fifth according to R. Yoshiyah, while R. Yonasan says he pays a fifth of the principle.
 
It is not necessary to add a fifth when redeeming Ma'aser Sheni of Demai, nor is it necessary to dispose of Ma'aser of Demai at the time of the Bi'ur in the third and sixth years of Shemitah.
 
If an owner redeems his own Ma'aser Sheni but he redeemed only the principle and not the fifth he may eat the Ma'aser Sheni outside of Yerushalayim according to R. Eliezer, while R. Yehoshua argues.
 
R. Papa says that everyone agrees that the failure to pay the Chomesh doesn't prevent a person from eating the Ma'aser, however the Rabanan decreed that he may not eat it according to R. Eliezer because of the concern that he will be negligent and will never give the fifth.
 
Rebbe says that we accept the words of R. Eliezer on Shabbos and we accept the words of R. Yehoshua during the week (3)
 
If someone redeems his own Hekdesh and he pays the principle and not the fifth it is a valid redemption according to R. Eliezer while the Chachamim hold that it is not a valid redemption.
 
Rebbe says we accept the words of R. Eliezer regarding Hekdesh and the words of the Chachamim regarding Ma'aser.
 
R. Yochanan says even R. Yehoshua agrees that on Shabbos one may eat Hekdesh that was redeemed even though the fifth was not given because of Kavod Shabbos and also because the treasurer of Hekdesh will make a claim on the fifth and therefore there is less concern for negligence.
 
Hekdesh may not be redeemed on Karka, one who eats Terumah b'Shogeg may only pay from produce of Chulin (the produce becomes Terumah when given to the Kohen) and Ma'aser Sheni may not be redeemed on an Asimon (unstamped coin).
 
The Chomesh of Hekdesh, Terumah and Ma'aser Sheni share the same Dinim as the principle.
 
If someone steals Terumah without eating it he pays Kefel of the value of the Terumah, if he stole it and ate it b'Shogeg he pays one principle plus a fifth from produce of Chulin and a second principle of the value of the Terumah. (4)
 
If someone steals and swears falsely and subsequently admits he must pay the principle plus a fifth and if he gave the principle but not the fifth and he swears falsely that he gave the fifth he pays a fifth on the fifth.
 
If he swears falsely that he gave the second fifth he pays a fifth on that fifth and this continues until the fifth is no longer worth a Perutah. (5)
 
If a non-Kohen eats, drinks or smears on himself Terumah b'Shogeg whether it is Tahor or Tamei he must pay the principle plus a fifth to the Kohen.
 
If the non-Kohen eats the fifth that he gave to the Kohen as payment for eating the Terumah b'Shogeg he must pay a fifth on the fifth.
 
If someone redeems Ma'aser Sheni with a principle and a Chomesh if he redeems the Chomesh he doesn't add another Chomesh.
 
If a person redeems his own Hekdesh he must add a fifth and if he subsequently redeems the fifth he must add a fifth on the fifth.
 
R. Yehoshua Ben Levi says that a person only adds a fifth when he redeems Hekdesh for the first time but if he subsequently redeems the items that he gave for the redemption he doesn't add a fifth. (6)
 
A person who benefits from Kodshim Kalim is not Chayav a Korban Me'ilah since it is regarded as the property of the owner.

A BIT MORE

1. 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.
 
2. The treasurer may not accept the bid of 21 because although the owner bid only 20 he must pay an additional fifth therefore the owner's bid is accepted but he must match the competing bid of 21, however he only pays a fifth on his own bid of 20.
 
3. Rebbe holds that because of Kavod Shabbos the Rabanan allow a person to eat the Ma'aser Sheni outside of Yerushalayim on Shabbos even though the fifth was not given.
 
4. A non-Kohen only pays a fifth when he eats Terumah but not if he stole it or damaged it. If he stole the Terumah and then he ate it he must pay Kefel for stealing it and he also must pay a fifth for eating it. Consequently, he pays a principle and a fifth from produce of Chulin which is the Din of someone who eats Terumah b'Shogeg and he must pay another principle of the value of the Terumah because he is obligated to pay Kefel.
 
5. When the fifth is no longer worth a Perutah he is not Chayav to pay a fifth for denying it since he is not denying the value of a Perutah.
 
6. However, the Chomesh is regarded as an initial Hekdesh and therefore if one redeems the Chomesh he must pay a Chomesh on the Chomesh.

BRIEF INSIGHT

CHOMESH ME'AKEV
 
If an owner redeems his own Ma'aser Sheni but he redeemed only the principle and not the fifth it doesn't prevent him from eating the Ma'aser Sheni outside of Yerushalayim according to R. Eliezer, while R. Yehoshua holds that the failure to give a Chomesh prevents a person from eating Ma'aser Sheni. Tosfos ask that the Din is that Hekdesh which is worth a Manah that was redeemed on a Perutah is a valid redemption. If the full value of the principle doesn't prevent a person from eating the Ma'aser Sheni certainly that Chomesh shall not prevent him. Tosfos answers if the person says the principle and the fifth shall be redeemed on a Perutah it is a valid redemption, however if he doesn't mention the Chomesh at all it prevents him from eating the Ma'aser according to R. Yehoshua.

QUICK HALACHAH

DEMAI IN YERUSHALAYIM
 
If Ma'aser Sheni entered Yerushalayim even if it is Demai it is forbidden to take it out because the walls of Yerushalayim absorbed it and the same is true regarding produce that was bought with money of Ma'aser Sheni. If he took it out b'Mezid or b'Shogeg he shall bring it back into Yerushalayim. The Kelitah (absorption) of the walls of Yerushalayim is d'Rabanan. Even Ma'aser which is not worth a Perutah that was brought into Yerushalayim is absorbed by the walls and it is forbidden to take it out, However, money of Ma'aser Sheni may be taken in and out of Yerushalayim. (Rambam Hilchos Ma'aser Sheni 2:12)

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