1)

CONDITIONS FOR TRANSFERRAL OF KEDUSHAH (Yerushalmi Ma'aser Sheni Perek 1 Halachah 3 Daf 7b)

øáé æáéãà äåä éúéá îúðé' ìáøéä [ãó éà òîåã à (òåæ åäãø)] äøåöä ìçìì îòåú òì äôéøåú áæîï äæä áéï àéìå áéï àéìå ÷ãùå ëãáøé áéú ùîàé. áéú äìì àåîøéí îòåú ëîåú ùäï åôéøåú ëîåú ùäï.

(a)

R. Zevida was once sitting and teaching his son a Tosefta - If nowadays, a person wishes to transfer Ma'aser Sheni money onto produce (in Yerushalayim), Beis Shammai say that (he is penalized and) both the money and the produce have Kedushah. Beis Hillel say that each one remains as it is (meaning that the money remains with its Kedushah and the produce remains without Kedushah).

òáø øáé ÷øéñôà à''ì ìà úðééúé' ëï àìà ôéøåú òì äîòåú.

(b)

R. Krispa passed by and said to R. Zevida, "This should only be taught about transferring Kedushah from produce onto money. (Since during Temple times it was prohibited to do so in Yerushalayim, Beis Shammai penalized him for doing so even nowadays and gave Kedushah to the money. Beis Hillel say that the transferal doesn't take effect in Yerushalayim and the money does not get Kedushah.)

äà îòåú òì äôéøåú ãáøé äëì ìà ÷ãùå

1.

However, if one transfers the Kedushah from money onto produce, all agree that the produce doesn't get Kedushah.

åäúðéðï àí àéï î÷ãù éø÷áå.

(c)

Question: (Our Mishnah taught that if one intentionally used Ma'aser Sheni money to buy produce outside Yerushalayim,) if there is no Beis HaMikdash, it must be left to rot...?

úéôúø ùä÷ãéùï áùòú î÷ãù åçøá äî÷ãù.

(d)

Answer: There, he had consecrated the produce (as Ma'aser Sheni) when the Beis HaMikdash was still standing (so the transferal took effect) and it was then destroyed (prohibiting them to be consumed).

úðé áï áéáé (ãáøéí éã) åðúú (àú ä)[á]ëñó áøéçå÷ î÷åí àúä ôåãäå á÷éøåá î÷åí àéï àúä ôåãäå åðúú äëñó á÷éøåá î÷åí àúä îçììå åàé àúä îçììå áøéçå÷ î÷åí.

(e)

(Baraisa) (Ben Bibi): (Supporting R. Chagai earlier (Bechoros 27 (e)) The pasuk states (Devarim 14:25), "Then you shall turn it into money'' - you may redeem it when you are distant (outside of Yerushalayim) but not when you are close by (in Yerushalayim). (Pasuk 26), "And you shall turn that money into...'' - you may do so when close by (in Yerushalayim) but not when you are distant (outside of Yerushalayim).

øáé éåñé áùí ùîåàì ð÷ðä äî÷ç. øáé éåñé áï çðéðà ëé (ôåø')[ôéøà].

(f)

(The Mishnah taught that one may not buy slaves, fields or non-Kosher animals with Ma'aser Sheni money. If he did, he must consume an equivalent amount of food as Ma'aser Sheni in Yerushalayim.) R. Yosi citing Shmuel said that the acquisition is valid. R. Yosi ben Chanina said that the item is acquired only after the buyer transfers the Kedushah from the money (that is in the hands of the seller) onto his produce.

åà''ø äéìà îï îä ãúðéðï éàëì ëðâãï äãà àîøä ÷ãùå.

(g)

Question (R. Hila): (Questioning R. Yosi ben Chanina) From the Mishnah's wording - "(One may not bring from Ma'aser Sheni money bird offerings of a Zav, a Zava or a woman after childbirth. If he did,) he must consume an equivalent amount of food'', this shows that the birds were consecrated as sacrifices...?

[ãó ç òîåã à] [ãó éà òîåã á (òåæ åäãø)] àîø øáé éåñé îëéåï ùîùê ð÷ðä äî÷ç îëàï åàéìê î÷ç àçø äåà.

(h)

Answer (R. Yosi): Once he took the birds, the acquisition was completed (even before giving the Ma'aser Sheni money). After this, that which he paid was considered paying off a debt and a separate

cquisition.

àîø øáé éåãï öøéê ìçæåø åìä÷ãéùå. ùäåà ñáåø ìåîø ùîà ÷éãùå åìà ÷éãùå:

(i)

(R. Yudan): He must again consecrate the birds as a sacrifice. This is because he mistakenly thought that the consecration took effect through giving the money.

HADRAN ALACH PEREK MAASER SHENI