BECHOROS 52 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

1)

MAASER SHENI MUST BE REDEEMED RESPECTFULLY (Yerushalmi Ma'aser Sheni Perek 4 Halachah 1 Daf 21a)

[ãó ìã òîåã á (òåæ åäãø)] úðé àéï ôåãéï îòùø ùðé ìùí ùðé àìà ìùí çåìéï.

(a)

(Tosefta): When one redeems Ma'aser Sheni produce, he shouldn't explicitly say that he is redeeming Ma'aser Sheni (as it is degrading); rather, he should say, 'How much is this Chulin produce worth?' (even though everyone knows that it is Ma'aser Sheni).

øáé ùàåì áòé äâò òöîê ùäéå äëì éåãòéï áå ùäåà ùðé

(b)

Question (R. Shaul): Think about it - if everyone is aware that it is Ma'aser Sheni, what does it help for him to say that it is Chulin?

àôéìå ëï:

(c)

Answer: He should nevertheless say it.

úðé àéï ôåãéï îòùø ùðé àìà áîéï òì îéðå ãìà ëï îä àðï àîøéï ôåãéï îï äçéèéí òì äùòåøéï åîï äùòåøéï òì äçéèéí ìëï öøéëä àôéìå îï äàâãå òì äùîúéú åîï äùîúéú òì äàâãå.

(d)

(Baraisa): One may only redeem Ma'aser Sheni onto something of its own particular type (when one transfers the Kedushah from one produce to another; e.g. white wheat for white wheat). If not, what would we say? That one may redeem wheat onto barley or barley onto wheat? (Of course that is not permitted). Rather it must mean that one may not even redeem white wheat onto red wheat or vice versa.

à''ø çððéà ø' äéä ìå÷ç ÷éùåàéï áëåøåú ìîìëåú å÷åáò îòùø ùðé ùìäï òì ëì òå÷õ åòå÷õ. øàä àåúï ëàìå äï çúåëåú.

(e)

(R. Chananya): Rebbi was very careful with Ma'aser Sheni even nowadays - he would take the first gourds that ripened and send them as a gift to the governor and he would declare its Ma'aser Sheni on each gourd and then later redeem all of them together. He would evaluate how much a piece of it (which is the size of a 10th of the gourd) is worth in the market.

øáé éåçðï áòé ùìéîåú åàú àîøú çúåëåú.

(f)

Question (R. Yochanan): They are whole now, so why evaluate them as if they are cut?

à''ø éåðä åéàåú àìå ùðéí ùäéå ùåúôéï á÷éùåú àçú ìæä çì÷ àçã åìæä è' çì÷é' ùîà äåà àåîø ìå èåì çì÷ê åàðé çì÷é àìà òì éãé æä åòé''æ ðîëø áéå÷ø åäëà òì éãé æä åòì éãé æä ðîëø áéå÷ø.

(g)

(R. Yona): That question is logical, as if there are two partners in a gourd, one owns 1/10th and the other owns 9/10th of it; could one partner tell the other to dissolve their partnership by cutting the gourd into 9/10th and 1/10th? (The gourd would be ruined! Rather, they must sell it whole and divide the profits appropriately) as by doing so, the profits will be more. So too here, concerning Ma'aser Sheni, evaluating it whole increases its value.

[ãó ëà òîåã á] [ãó ìä òîåã à (òåæ åäãø)] ëäãà ø''ù á''ø äåä îô÷éã òì àéìéï ãøåîéà ãäååï îæìæìéï áä. ðñúåï áø ÷ôøà å÷øèèä ÷åîåé à''ì èá äåà ëìåí

(h)

As we find that Rabban Shimon b'Rebbi was upset with the people of the south who acted with disdain to Ma'aser Sheni by cutting it up and redeeming it for cheap. Bar Kapara took their produce and cut it up in front of them and said to them, "Are they good when they are cut?!''

òã ëãåï îéìä î÷øèèä åìà èáà îéìä î÷øèèä åèáà.

(i)

Question: That applies to vegetables that become ruined when cut, but what about those that don't become ruined when cut? (The Gemara leaves this question unanswered.)

ø' éäåùò áï ìåé àîø àéï ôåãéï îòùø ùðé àìà òã ùìùéí åùùä áùååé.

(j)

(R. Yehoshua ben Levi): (Although nowadays, since Ma'aser Sheni isn't eaten, one may redeem for cheap; but one may not redeem it for less than 36 parts of a hundred (meaning for less than 2/3rd) of its value. (Note: Some have the text '33' parts and others, such as Rav Chaim Kanievski shlita, remove the words '36' completely, meaning that one may not redeem it for less than its value.)

åà''ø çæ÷éä æä ùäåà îçìì ìà éäà îçìì òì çöé ôøåèä ùìà éäà ëîçìì òì àñéîåï àìà òã ùåä ôøåèä.

(k)

(R. Chizkiyah): One must not redeem on a half Perutah as it's like redeeming onto a token; rather it must be (at least) a Perutah's value.

à''ø àéîé )áîä òìì)[ëîä æéîðéï òììé] ÷åîé øáé éåçðï åøùá''ì åàéðåï àîøé ôå÷ åàéùìí ëäãéï úðééä ôåãéï îòùø ùðé ëùòú äæåì åìà ëùòú äéå÷ø.

(l)

(R. Imi): A number of times, people came before R. Yochanan and Reish Lakish to ask about redeeming Ma'aser Sheni and they would tell them, "Go and fulfill it as the Mishnah taught and redeem it according to its value, albeit its cheapest value''.