1)

THE ACQUISITION OF A CHILD (Yerushalmi Ma'aser Sheni Perek 4 Halachah 3 Daf 23a)

[ãó ìç òîåã à (òåæ åäãø)] îä ðï ÷ééîéï àí áâãåìä æëú áñéîðéí àí á÷èðä ÷èï æëä.

(a)

Question: What's the Mishnah's case of the Jewish maidservant? If she is already adult, she would have already gone free when she showed signs of physical maturity (i.e. two pubic hairs). If she is a child, how could she make an acquisition to be able to redeem the Ma'aser Sheni?

à''ø éåãï áø ùìåí ÷åîé øáé éåñé úôúø ëîàï ãàîø ä÷èï úåøí.

(b)

Answer (R. Yudan bar Shalom to R. Yosi): It follows the opinion (of R. Yehuda) that a child is able to separate Terumah (and similarly he can redeem Ma'aser Sheni).

à''ì åàôéìå ëî''ã [àéï] ä÷èï úåøí ÷èï æëä. [ãó ëâ òîåã á] òì ãòúéï ãøáðéï ãúîï ðéçà ãúîï àîøéï áùí øá ðçîï áø éò÷á ëì ùðåúðéï ìå àâåæ åîùìéëå öøåø åäåà ðåèìå äîåöéà áéãå ëîåöéà áàùôä.

(c)

(R. Yosi to R. Yudan bar Shalom): It could even follow the opinion (of Rabbanan) that a child is not able to separate Terumah - according to the Rabbanan of Bavel, it is fine, as they say in the name of Rav Nachman bar Yaakov that if any child who is given a nut throws it away and if he's given a stone, he accepts it; then if a person takes something from his hand, it's like taking from the garbage.

àâåæ åäåà ðåèìå öøåø åäåà îùìéëå âæéìå âæì îôðé ãøëé ùìåí. àâåæ åöøåø åäåà ðåèìï åîöðéòï åîáéàï ìàçø æîï âæéìå âæì âîåø. æëä ìòöîå àáì ìà ìàçøéí.

1.

If he accepts the nut and rejects the stone; for the sake of peace, theft from him is considered theft. If he accepts a nut and a stone and he saves them for later, theft from him is considered full theft. However, he can acquire for himself but not for others.

øá äåðà àîø ëùí ùäåà æåëä ìòöîå ëê äåà æåëä ìàçøéí.

i.

(Rav Huna): (Disagreeing) Just as he can acquire for himself, he can acquire for others.

äëì îåãéí ùàéï îúðúå îúðä. ãëúéá (ùîåú ëá) ëé éúï àéù. îúðú àéù îúðä åàéï îúðú ÷èï îúðä

2.

All agree that his gift not considered a gift, as the pasuk states (Shemos 22:6), "When a man shall give...'' - a man's gift is a gift, but a child's gift is not a gift.

ãáøé çëîéí øáé éåãä áø ôæé áùí øáé éåçðï øáé éò÷á áø àçà áùí øáé éåçðï ìòåìí àéï âæéìå âæì âîåø òã ùéáéà ùúé ùòøåú.

(d)

But according to the Chachamim (of Eretz Yisrael, it is difficult), as R. Yudah bar Pazi citing R. Yochanan and R, Yaakov bar Acha citing R. Yochanan said that stealing from him isn't considered a full act of theft until he shows signs of physical maturity.

[ãó ìç òîåã á (òåæ åäãø)] øáé àáäå áùí øáé éåçðï äãà ãúéîà ìäåöéà îîðå áãéï àáì ìäáéà ÷øáï ùáåòä ëì òîà îåãéé òã ùéáéà ùúé ùòøåú. áøí ëøáðéï ãäëà

(e)

Question (R. Abahu citing R. Yochanan): (When the Rabbanan of Bavel said that stealing from a child with understanding is considered complete theft), it was referring to extracting it from the thief through Beis Din, but as for bringing a sacrifice for making a false oath when acting as a watchman, all agree that it can only be brought by an adult. But according to the Rabbanan here (who say that a child cannot acquire for others, how do they understand the Mishnah that seems to allow a maidservant who is a child to acquire)?

[çáøééà] áùí øáé éåñé áòé îòúä àôé' ìòöîå ìà éæëä ãëúéá àì øòäå òã ùéäà ëøòäå.

(f)

Question (Chevraya citing R. Yosi): If so, he shouldn't be able to acquire even for himself, as the same pasuk states (Shemos 22:6), "(If a man shall give) his neighbor'' - the receiver must be like the giver, i.e. not a child...? (The Gemara leaves this question unanswered.)

øáé éåñé áé øáé áåï áùí [øá] ùîåàì áø øá éöç÷ ôúø ìä áùéèú àôéåèåú.

(g)

Answer: (According to the Rabbanan of Eretz Yisrael) the Mishnah is discussing the ruling about small children (aged 6 -10, depending on their intelligence)

ãúðéðï úîï àôéåèåú î÷çï î÷ç åîîëøï îîëø áîèìèìéï.

1.

(Mishnah in Maseches Gitin): Small children - their acquisitions and their sales are valid.

åäúðéðï àáì àéðå îæëä ìà ò''é áðå åáúå ä÷èðéí åìà ò''é òáãå åùôçúå äëðòðéí îôðé ùéãï ëéãå

(h)

Question against Rav Huna (Mishnah in Maseches Eiruvin): (Concerning Shitufei Mavuos - joining ownership in an alleyway) But he cannot confer possession through his young son or daughter or through his Canaanite slave or slave-woman, because their hands are like his.

øáðï ã÷éñøéï àîøéï ëàï á÷èï ùéù áå ãòú ëàï á÷èï ùàéï áå ãòú

(i)

Answer (Rabbanan of Kisarin): That Mishnah refers to a younger child (below aged 6) who has no understanding; Rav Huna was referring an older child (aged 6-10) who has understanding.

úîï úðéðï äùåàì àú äôøä åùéìçä ìå áéã áðå áéã òáãå áéã ùìåçå ìéú äãà àîøä ùäòáã æëä îøáå ìàçø.

(j)

(Mishnah in Bava Metzia): If a person borrowed a cow and the lender sent it in the hands of his son, his slave, his messenger (if the cow died on the way, the borrower is exempt). Doesn't this show that a (Canaanite) slave is able to acquire on behalf of another?!

à''ø ìòæø úôúø áòáã òáøé.

(k)

Answer (R. Elazar): It's (referring to) a Jewish slave.

à''ø éåçðï àôé' úéôúøéðä áòáã ëðòðé úéôúø áàåîø ìå ôúç ìä åäéà áàä îàéìéä [ãó ìè òîåã à (òåæ åäãø)] åúðé ëï äðäéâä äîùéëä ÷øà ìä åáàú àçøéå ðúçééá ìä ìùìí ëùåàì.

(l)

(R. Yochanan): It could even be referring to a Canaanite slave - it's when he said to him, 'Open the gate for it'' and it entered by itself; the Baraisa taught - If he lead it, pulled it or called for it and it came after him, he is obligated to pay like a borrower.

øáé æòéøà ùîò ìä îï äëà àáì àéðå îæëä ìà ò''é áðå åáúå ä÷èðéí åìà ò''é òáãå åùôçúå äëðòðéí îôðé ùàéï éãï ëéãå. ìéú äãà àîøä ùàéï äòáã æëä îøáå ìàçø.

(m)

R. Zeira learned from the following (to resolve whether or not a Canaanite slave can acquire from his master for another) - (in the same Mishnah in Eiruvin) - one may not confer possession using his young son or daughter or his Canaanite slave or slave-woman, because their hands are like is hands. Doesn't that prove that a Canaanite slave can acquire from his master for another?

úéôúø ëøáé îàéø ãøáé îàéø òáéã éã äòáã ëéã øáå

(n)

Answer: It follows R. Meir, who says that a slave's hand is like his master's hand.

åäúðé àùúå øáé îàéø ãáø éã äàùä ëéã áòìä.

(o)

Question: But the Mishnah there also says that he can confer possession through his wife; but R. Meir says that a wife's hand his like her husband's hand?

øáé çððéà áùí øáé ôéðçñ úéôúø ëäãéï úðééä ãúðé

(p)

Answer (R. Chananya citing R. Pinchas): The Mishnah could be explained like R. Shimon ben Elazar in the Baraisa...

àùúå àéðä ôåãä ìå îòùø ùðé øùá''à [àåîø] îùåí ø''î àùúå ôåãä ìå îò''ù

1.

(Baraisa): A person's wife may not redeem Ma'aser Sheni for him (without adding the extra fifth). R. Shimon ben Elazar says from R. Meir that she may do so.

åäãéï úðéä øáé îàéø òáéã éã äòáã ëéã øáå åìà éã äàùä ëéã áòìä:

2.

So this Tanna (R. Shimon ben Elazar) holds that R. Meir views a slave's hand like his master's hand, but does not view a wife's hand like her husband's hand.

áøàùåðä äéå òåùéï ëï áîòåú

(q)

(Tosefta): Originally, they would act deceptively with money (meaning that that they would give money to others to use to redeem their Ma'aser Sheni, so that when they would redeem it, they would be exempt from paying the extra fifth).

äéå ðåèìéï àåúï åáåøçéï äú÷éðå ùéäà òåùéï áôéøåú

1.

But when people who were asked to do this began to run away with the money, the Chachamim decreed that they should give the produce (rather than money; the owner should redeem that produce using his own money and the produce should then be returned to the owner).

àó òì ôé ëï äéå ðåèìéï àåúï åàåëìéï àåúï.

2.

But despite this, the recipients didn't return the produce to the owner and instead they ate them themselves.

äú÷éðå ùéäà îæëä ìå àçã îòùøä ì÷ø÷ò.

3.

So the Chachamim decreed that they should credit the person with the Ma'aser Sheni, which is 1/10th of the total produce, by making a Kinyan Agav (an acquisition on the produce that accompanies an acquisition on any sized field).

øáé àéðééà áø ñéñé ñì÷ âáéä øáé éåðä àîø ìéä àôøå÷ ìê áäãà ñéìòà àîø àé áòé îéðñ ðñà çæø åðñúä îéðéä.

(r)

R. Inaya bar Sisi went to see R. Yona. He said to R. Yona, "I will redeem for you that produce with that Sela coin.'' R. Yona replied, "You can take the Sela as a gift''. R. Inaya did so and then used it to redeem the produce. Afterwards, R. Yona took back the coin.

[ãó ëã òîåã à] [ãó ìè òîåã á (òåæ åäãø)] à''ø éåðä ëã ùòøéú ãòúéä ãàìå ðñúä ìà äåä àîø ìé ëìåí ìôåí ëï éäáéú éúä ìéä:

1.

(R. Yona): I estimated that even if I take the coin back, R. Inaya will agree to it and won't say anything; therefore I agreed to give it to him.