1)

WHEN IS THE OBLIGATION TO TITHE AVOIDED? (Yerushalmi Ma'asros Perek 3 Halachah 1 Daf 13b)

øáé òåìà áø éùîòàì áùí øáé ìòæø øáé åøáé éåñé áé øáé éäåãä äéå îëðéñéï àú äëìëìä ìàçåøé äââåú øàä àåúï øáé éåãä áé øáé àìòàé àîø ìäï øàå îä áéðéëí ìøàùåðéí øáé ò÷éáä äéä ìå÷ç ùìùä îéðéï áôøåèä áùáéì ìòùø îëì îéï åîéï åàúí îëðéñéï àú äëìëìä ìàçåøé äââåú.

(a)

(R. Ulla bar Yishmael citing R. Elazar): Rebbi and R. Yosi bei R. Yehuda were bringing in their produce behind the roofs (in order to avoid the produce becoming obligated in Maaser). R. Yehuda bei R. Ilai saw them and said to them, "Notice the difference between you and the earlier generations - R. Akiva (cherished the Mitzvah so much, that he) would buy three different species with a Peruta, in order to tithe each species; and you are bringing in your produce behind the roof!''

îä ìé ìàçåøé äââåú àôéìå äëðéñí áçöéøå ìàåëìï áøàù ââå åìà øáé éåñé áé øáé éäåãä äéà.

(b)

Question: Why did they bring it in behind their roofs? Even if they would have brought it through their courtyards to eat on top of their roofs, doesn't R. Yosi bei R. Yehuda say that they are exempt!

áâéï øáé ãäåä òéîéä

(c)

Answer: Since Rebbi was with him (and he obligates in such a case).

çîúåï çã ñáà àîø ìåï éäáåï ìé àúåï àîøåï ìéä àéï. àîø ìåï ìàáåëåï ãáùîéà ìà éäáéúåï àìà ìé.

(d)

A certain Elder saw them and asked them to give him a fig and they agreed. He said to them, "You don't give to your Father in Heaven but you give to me?!''

øáé éåçðï ëøáé åøáé ùîòåï áø ì÷éù ëøáé éåñé áé øáé éåãä.

(e)

R. Yochanan follows Rebbi and R. Shimon bar Lakish follows R. Yosi bei R. Yehuda. (R. Yochanan and Reish Lakish disagreed earlier (Chulin 135(c)) over when fruits that were not picked for Shabbos use and Shabbos arrived. R. Yochanan said that Shabbos makes it Tevel and Reish Lakish said that it does not. They disagree within the dispute between Rebbe and R. Yosi bei R. Yehuda. R. Yochanan follows Rebbe, saying that just as concerning produce transferred through a courtyard, even if his intent is to eat them in a place that is exempt, they become obligated; so too fruits that were picked for non-Shabbos use, even though he doesn't intend to eat them on Shabbos, Shabbos establishes their obligation. And the converse is true, that Reish Lakish follows R. Yosi bei R. Yehuda.)

[ãó ëâ òîåã à (òåæ åäãø)] øáé éåçðï ëøáé àôéìå ãéñáåø ëøáé éåñé áé øáé éåãä çåîø äéà áùáú ùëï ðùøéí ùðùøå îàéìéäï àñåøéí.

(f)

R. Yochanan could even agree with R. Yosi bei R. Yehuda - it's a stringency of Shabbos that it can establish an obligation, as we find that even if fruits merely fell (rather than being picked) from a tree before Shabbos, Shabbos establishes their obligation in Maaser. (But in contrast, if fruits fell from a tree in a courtyard, the courtyard doesn't establish their obligation.)

øáé ùîòåï áï ì÷éù ëøáé éåñé áé øáé éåãä àôéìå ãéñáåø ëøáé çåîø äéà áçöø áéú ùîéøä ãàîø øáé [ãó éã òîåã à] éåçðï î÷ç åçöø åùáú àéðï úåøä øáé àéîé áùí øáé ùîòåï [áï ì÷éù] äîçååø ùáëåìï æä çöø áéú ùîéøä.

(g)

Similarly, R. Shimon ben Lakish could even agree with Rebbi - a courtyard has a stringency in its ability to obligate Maaser (that does not apply to Shabbos) - although R. Yochanan said that the obligation established by an acquisition, a courtyard and Shabbos are Rabbinic; R. Imi cited from R. Shimon ben Lakish that the one that is clearest (to be from the Torah) is the protected courtyard.

øáé éåçðï áùí øáé ùîòåï áï éåçé äéå ìå ùúé çöéøåú àçú áîâãìà åàçú áèéáøéà äòáéøå áæå ùáîâãìà ìàåëìï áæå ùáèéáøéà îëéåï ùäòáéøï ãøê äéúø îåúø.

(h)

(R. Yochanan citing R. Shimon ben Yochai): If a person had two courtyards, one in Magdala and one in Tiveria and he transferred his produce through the courtyard in Magdala to eat it in the courtyard in Tiveria - since he transferred it through a place without an obligation, it's obligation wasn't established.

àúéà ãøáé ùîòåï áï éåçé ëøáé éåñé áé øáé éåãä åøåáä îï ãøáé éåñé áé øáé éåãä.

(i)

R. Shimon ben Yochai follows the view of R. Yosi bei R. Yehuda but his law goes even further...

îä ãàîø øáé éåñé áé øáé éåãä áòåîã áî÷åí ôèåø. îä ãàîø øáé ùîòåï áï (ì÷éù)[éåçé] áòåîã áî÷åí çéåá. îëéåï ùäòáéøï ãøê äéúø îåúø.

1.

R. Yosi bei R. Yehuda reasons that a person may only eat it in a place that is exempt (e.g. on top of his roof). R. Shimon ben Yochai even permits it in a place that is obligated (e.g. the courtyard in Tiveria), since it was transferred through a place that is exempt.

øáé àìéòæø ãøåáà îï úøååéäåï ãøáé ìéòæø àîø îëéåï ùäúçéì áäï ãøê äéúø îåúø.

(j)

R. Eliezer goes even further than both of them, as he says that since he began in a way that they are exempt, they remain exempt. (This opinion appears in a Mishnah in Maseches Terumos (8:2) (Chulin 96-1(a)), where he says that if a person was eating a bunch of grapes and he entered from the garden into the courtyard (thereby obligating the grapes in Terumos and Ma'asros), he may finish eating it in the garden.

[ãó ëâ òîåã á (òåæ åäãø)] ðéçà ìà îï äñì åìà îï ä÷åôä åìà îï äîå÷öä ëîä ãúéîø úîï îì÷è àçú àçú åàåëì åàí öéøó çééá åàîåø àåó äëà ëï.

(k)

Question: (The Mishnah taught (Chulin 140(b)) that if one brought his workers to the field...if he is required to feed them, they may eat one at a time, but not from the basket, the large boxes or the drying area.) It's understandable that they may not eat from the basket or large boxes (since there is a combining of the fruits in the container, thereby obligating them); but when he spread them out in the drying area, they aren't yet completed and they are like fruits still attached to the tree, about which it's taught that he may pick them one at a time and eat but only if he picked several together, they are obligated...?

à''ø éöç÷ îå÷öä òùå àåúä ëîöåøó.

(l)

Answer (R. Yitzchak): The fruits in the drying area are considered to be combined together.