POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) STRINGENCIES OF "MA'ASER"
(a) Question: May an Arel eat Ma'aser (Sheni)?
1. Just like we learn from Ma'aser to Pesach that an
Onen may not eat, we learn from Pesach to Ma'aser
that an Arel may not eat!
(b) Answer #1 (Rav Sheshes - Mishnah): The following apply to
Terumah and Bikurim (the first fruits to ripen, one
brings them to a Kohen in the Mikdash), but not to
2. Or, perhaps we can learn what is stringent (Pesach)
from what is lenient (Ma'aser), but not vice-versa!
1. One is Chayav Misah b'Yedei Shamayim for eating them
(b'Tum'ah), a Zar who ate them b'Shogeg must pay an
extra fifth for them, they are forbidden to a Zar,
they are the property of the Kohen;
(c) Rejection: Perhaps the Tana omitted teaching this. (Other
answers to Question (a) are given on Daf 74.)
2. They become Batel (nullified) if mixed with 100
times as much Chulin (regular food), one must wash
his hands before touching them, and a Tevul Yom must
wait until dark to eat them.
3. If an Arel were permitted to eat Ma'aser, the
Mishnah should also say that an Arel may not eat
Terumah and Bikurim, but he may eat Ma'aser!
(d) Question: (Surely, the Tana would not omit only one
case.) What else did he omit?
(e) Answer #1: He omitted a case in the Seifa:
1. (Seifa): The following apply to Ma'aser and Bikurim,
but not to Terumah: one must bring them to
Yerushalayim, one must recite Viduy over them, and
they are forbidden to an Onen;
2. R. Shimon permits them to an Onen.
3. Bi'ur applies to them (there is a deadline, after
which one must get rid of them);
4. R. Shimon exempts.
5. The Mishnah does not say that they may not be burned
if they are Tamei, and that one is lashed for eating
them if they are Tamei, which do not apply to
6. This shows that the Tana omitted cases. (A second
answer will be brought at the end of this Daf.)
(f) (Mishnah): Ma'aser and Bikurim are forbidden to an Onen;
R. Shimon permits.
(g) Question: What is Chachamim's source to forbid?
(h) Answer: "In your city you may not eat Ma'aser...
1. We learned that "u'Serumas Yadecha" is Bikurim; the
verse equates them to Ma'aser. Just like Ma'aser is
forbidden to an Onen, also Bikurim.
(i) (Mishnah): They require Bi'ur; R. Shimon exempts.
2. R. Shimon explains that the Torah calls them Terumah
to teach that just like Terumah is permitted to an
Onen, also Bikurim.
1. Chachamim equate Bikurim to Ma'aser, and R. Shimon
2) WHAT IS PERMITTED "B'TUM'AH"?
(a) Question: We said that one may not burn Tamei Ma'aser,
and one is lashed for eating it. What is the source of
(b) Answer (Beraisa - R. Shimon): "I did not consume
(Ma'aser) in Tum'ah" - whether I was Tamei and it was
Tahor, or vice-versa;
1. Question (R. Shimon): (He must declare that he did
not eat it b'Tum'ah.) Where does the Torah forbid
(c) Question: We said that these do not apply to Terumah.
What is the source of this?
i. Question: "He will not eat from the
Kodoshim..." forbids a Tamei to eat Ma'aser!
2. Answer (R. Shimon): It says "In your city you may
not eat Ma'aser...", and "In your city you may
eat them (blemished Korbanos that were redeemed), a
Tahor and a Tamei together";
ii. Answer: R. Shimon asks where the Torah forbids
eating Ma'aser when it is Tamei.
i. (Tana d'Vei R. Yishmael): The Tahor and Tamei
may eat in the same plate (even though the food
3. What is permitted (eating when the food is Tamei)
there (Korbanos after redemption) is forbidden
(d) Answer (R. Avahu): We learn from "I did not eradicate
it in Tum'ah". You may not burn Tamei Ma'aser, but you
may burn Tamei Terumah oil.
(e) Suggestion: Perhaps you may not burn Tamei Ma'aser, but
you may burn Tamei Kodesh oil!
(f) Rejection: A Kal va'Chomer refutes this:
1. Ma'aser is lenient, yet it may not be burned
b'Tum'ah, all the more so Kodesh, which is
(g) Question: If so, the same applies to Terumah!
(h) Answer: "It" permits burning Tamei Terumah.
(i) Suggestion: Perhaps "it" permits burning Kodesh!
(j) Rejection: This is unreasonable, for Kodesh is stringent:
1. It can become Pigul (if it was offered with intent
to eat it after the allotted time);
(k) Question: We should not permit burning Tamei Terumah,
since it has stringencies:
2. It becomes Nosar if not eaten in the allotted time;
3. It is brought in the Mikdash;
4. One transgresses Me'ilah for improper benefit from
5. A Tamei who eats it is Chayav Kares;
6. It is forbidden to an Onen.
1. A Tamei who eats it is Chayav Misah (b'Yedei
(l) Answer #1: There are more stringencies of Kodesh.
2. If a Zar ate it b'Shogeg he pay for it and add a
3. It cannot be redeemed;
4. It is forbidden to a Zar.
(m) Answer #2: (Even if there were equal numbers,) Kares is
more severe (than Misah b'Yedei Shamayim).
(n) We said that one is lashed for eating Tamei Ma'aser or
Bikurim, but not for Tamei Terumah.
(o) Question: This implies that he is not lashed, but it is
forbidden. What is the source of this?
(p) Answer: "In your city you will eat it" - this (a
redeemed Korban), not something else (Tamei Terumah);
1. A Lav derived from an Aseh is like an Aseh.
(q) Answer #2 (to question 1:f - Rav Ashi): The Tana also
omitted cases in the Reisha!
1. He omitted that Terumah and Bikurim apply in other
years (the third and sixth years of Shemitah) and
have no redemption, which do not apply to Ma'aser
Index to Outlines for Maseches Yevamos