BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

[53a - 28 lines; 53b - 39 lines]

1)[line 1]ועולים באחד ומאהOLIM B'ECHAD U'ME'AH

(a)If Terumah or Bikurim are mixed into Chulin, the entire mixture . The Terumah and Bikurim only become Batel (canceled) if one part of Terumah or Bikurim falls into at least 100 parts of Chulin. Even if the Terumah or Bikurim is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah or Bikurim that fell in must first be removed from the mixture.

(b)If the percentage of Terumah or Bikurim that fell into the Chulin was greater than one in one hundred, the mixture is known as Meduma (lit. mixed) and is forbidden to be eaten by non-Kohanim. It can only be sold at a loss, since the owner cannot charge the Kohanim more than the price of Terumah for Meduma.

(c)According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah or Bikurim was the same type of food as the Chulin; otherwise it is Batel just like any other Isur (Shishim, one sixtieth).

2)[line 2]רחיצת ידיםRECHITZAS YADAYIM - Netilas Yadayim, washing the hands, with a cup

The Chachamim decreed that a person's hands are considered to be a Sheni l'Tum'ah unless he washes them with water from a cup and concentrates on keeping then Tehorim from the time that they were washed and onward. One must wash his hands before eating fruits of Terumah. Failure to do so would make the Terumah a Shelishi l'Tum'ah that may not be eaten. (For an extensive discussion of the principles of Tum'ah and Taharah, see Background to Nazir 54:13.)

3)[line 2]והערב שמשHE'EREV SHEMESH - Nightfall

When a person (or utensil) becomes Tamei with a Tum'ah d'Oraisa, he must immerse in a Mikvah in order to become Tahor. If he has immersed in a Mikvah but is still waiting for nightfall, he is a "Tevul Yom." The level of Tum'ah of a Tevul Yom is minimal; the person (or utensil) is considered only a Sheni l'Tum'ah such that if he touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Food that is Chulin that he touches does not become Tamei. At nightfall, he becomes completely Tahor and may handle and eat Terumah and Kodesh.

4)[line 4]במעשרB'MA'ASER- Ma'aser Sheni

5)[line 5]בטיל ברובאBATIL B'RUBA (ROV)

When a forbidden object (Isur) is mixed with a permitted object (Heter), the mixture becomes prohibited if most of the mixture is Isur, but is permitted if most of the mixture is Heter because of "Bitul b'Rov." (Mid'Rabanan, sometimes the mixture is prohibited even if most of it is Heter; see next entry.)

6)[line 6]דבר שיש לו מתיריןDAVAR SHE'YESH LO MATIRIN

(a)When a forbidden object is mixed with a permitted object, the mixture may be prohibited to be eaten mid'Oraisa, prohibited to be eaten mid'Rabanan, or permitted to be eaten, as follows:

1.If most of the mixture is Isur, it is prohibited mid'Oraisa.

2.If most of the mixture is Heter, but the Isur is more than one sixtieth of the Heter, i.e. the Isur is "Nosen Ta'am" (lends taste) to the Heter, it is prohibited mid'Rabanan (since "Ta'am k'Ikar" - "the taste is like the essence", is a Din d'Rabanan. There are those who prohibit this mixture mid'Oraisa, when the two mixed substances are not identical ("Min bishe'Eino Mino"), asserting that "Ta'am k'Ikar" is mid'Oraisa).

3.If the amount of Isur is less than one sixtieth of the Heter, and is not Nosen Ta'am to the Heter, the mixture is permitted.

(b)These rules apply to normal Isurim. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or even by sixty parts of Heter. One of these is Davar she'Yesh Lo Matirin, an object that will become permitted eventually, either by itself (such as an object that is Muktzah on Shabbos and Yom Tov and will become permitted when Shabbos or Yom Tov ends), or through its owner's actions (such as Tevel, for which one can separate Terumah to permit it to be eaten).

(c)The Rishonim offer various reasons to explain why the Rabanan were more stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 3a for a brief discussion of this.

7)[line 13]במעשר שאין בו שוה פרוטהB'MA'ASER SHE'EIN BO SHAVEH PERUTAH

See Background to Bava Metzia 52:3:f.

8)[line 14]ושנכנס לירושלים ויצאSHE'NICHNAS L'YRUSHALAYIM V'YATZA- fruits of Ma'aser Sheni which were brought within the walls of Yerushalayim and then were taken out (see Background to Bava Metzia 52:3:d). (The Gemara later (53b) explains to which case this refers, and why such Ma'aser Sheni cannot be brought back into Yerushalayim and eaten, or why it cannot be redeemed.)

9)[line 17]דלא פריקD'LO PARIK- he did not redeem [any other fruits of Ma'aser Sheni on any other coins]

10)[line 18]דאורייתא ודרבנן לא מצטרפיD'ORAISA UD'RABANAN LO MITZTZARFEI- fruits of Ma'aser Sheni that have Kedushah mid'Oraisa do not combine with fruits that have Kedushah only mid'Rabanan. This applies to fruits of Ma'aser Sheni that became mixed with normal fruits and thus, mid'Oraisa, are Batel b'Rov and are no longer Kadosh, but mid'Rabanan they are not Batel (because of the rule of "Davar she'Yesh Lo Matirin" - see above, entry #6). When one has less than a Perutah's worth of such fruit, he cannot combine it with less than a Perutah's worth of fruit that is Ma'aser Sheni d'Oraisa in order to be able to have a full Perutah's worth of fruit to redeem on a Perutah.

11)[line 18]דמאיDEMAI

(a)Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" - "what is this?").

(b)Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce, since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

(c)Since Ma'aser Sheni separated from fruits of Demai is only mid'Rabanan, the Gemara asks, it should be able to be combined with other fruit that is Ma'aser Sheni mid'Rabanan (see previous entry).

12)[line 19]ודאיVADAI- Ma'aser Sheni that was separated from fruits that were definitely obligated to have Ma'asros separated from them. (Such Ma'aser Sheni is Ma'aser Sheni d'Oraisa; see previous entry.)


13)[line 1]"כִּי לֹא תוּכַל שְׂאֵתוֹ""... KI LO SUCHAL SE'ESO..."- "[And if the way is too long for you,] so that you are not able to carry it; [for if the place is too far from you, which HaSh-m your G-d shall choose to set His name there, when HaSh-m your G-d has blessed you. Then shall you exchange it (i.e. redeem it) for money, and bind up the money in your hand, and you shall go to the place which HaSh-m your G-d shall choose.]" (Devarim 14:24-25) - Although the literal meaning of this verse is that the quantity of fruit is so great that it is physically impractical to transport it to Yerushalayim, Rebbi Elazar interprets it to mean "you are not able to eat it." As such, if it becomes Tamei, it is permitted to redeem it.

14)[line 2]"וַיִּשָּׂא מַשְׂאֹת מֵאֵת פָּנָיו...""VA'YISA MAS'OS ME'ES PANAV..."- "And he sent portions [of food] to them from before him, [but Benyamin's portion was five times as much as any of theirs; and they drank and were merry with him]." (Bereishis 43:34)

15)[line 6]מאי איריא...?MAI IRYA...?- Why is this talking about...?

16)[line 8]דנפול מחיצותNAFUL MECHITZOS- the walls delineating the boundary of Yerushalayim fell. Consequently, fruit of Ma'aser Sheni cannot be eaten in Yerushalayim, because the requirement that it be eaten "before H-shem" (Devarim 12:18) is lacking. (The Gemara at this point assumes that the fruit cannot be redeemed, since once it enters Yerushalayim it can no longer be redeemed.)

17a)[line 9]מחיצה לאכולMECHITZAH LE'ECHOL- the requirement that the walls around Yerushalayim be standing in order to eat Ma'aser Sheni there

b)[line 9]מחיצות לקלוטMECHITZOS LIKLOT- the walls around Yerushalayim "seize" fruits of Ma'aser Sheni, such that they may no longer be redeemed once they have entered within the walls

18)[line 24]"וְאִם גָּאֹל יִגְאַל אִישׁ מִמַּעֲשְׂרוֹ, חֲמִשִׁיתוֹ יֹסֵף עָלָיו""IM GA'OL YIG'AL ISH MI'MA'ASRO, CHAMISHISO YOSEF ALAV"- "If a person will redeem from his fruits of Ma'aser [Sheni], he shall add a fifth to it." (Vayikra 27:31)

19a)[line 27]אין בוEIN BO- the fruit itself is not worth a Perutah

b)[line 28]אין בחומשוEIN B'CHUMSHO- the fifth that is added to the value of the fruit, is not worth a Perutah (i.e. the fruit of Ma'aser Sheni itself is worth less than four Perutos)

20)[line 32]היינו דקתני ''דיו''HAINU DI'KETANI ''DAYO''- this is why the Beraisa says the word "Dayo," that "it suffices," which implies that it is excluding some other action, other than redemption, that it could have required the owner to take (such as to bring the fruit itself to Yerushalayim, or to combine it with more fruit of Ma'aser Sheni so that the Chomesh will be worth at least a Perutah). Since it is referring to a significant amount of fruit (more than a Perutah's worth), we would have thought that this action is not sufficient. Had the Beraisa been referring to the actual fruit not being worth a Shaveh Perutah ("Ein Bo"), then it would have stated the Halachah without saying the word "Dayo," since we would not have assumed that any other action needs to be taken, since the amount of fruit itself is not significant.

21a)[line 35]חומשא מלגיוCHUMSHA MIL'GAV- a fifth of the original price (lit. "from the inside"), an additional 20%

b)[line 36]חומשא מלברCHUMSHA MIL'VAR- a fifth of the ensuing total (lit. "from the outside"), an additional 25%