More Discussions for this daf
1. Ma'aser Rishon and Ma'aser Sheni 2. The Winds- Point By Point Outline Of The Daf
DAF DISCUSSIONS - GITIN 31

Joseph Reichman asks:

Is there any Kedushah assoicated with Ma'aser Rishon and Ma'aser Sheni since these can be eaten by a Zaris it like Chulin?

Joseph Reichman, Silver Spring MD USA

The Kollel replies:

1) Ma'aser Sheni possesses Kedushah. This is the opinion of Rebbi Meir in Kidushin 54b, who maintains that it is "Mamon Gavo'ah," the "property of the high," i.e. the Beis ha'Mikdash. In Kidushin 53a the Gemara derives this from the verse in Vayikra 27:30 that all the Ma'aser of the Land is for Hash-m, and is Kodesh for Hash-m. Rashi in Vayikra writes that this verse refers to Ma'aser Sheni. The Sifsei Chachamim explains that we know this from the fact that the word "Kodesh" is used. Since Devarim 26:13 states, "I removed the Kodesh from the house," and Rashi there says that this refers to Ma'aser Sheni, we therefore know that Kodesh in Vayikra 27:30 also refers to Ma'aser Sheni.

The Gemara in Kidushin 54b states that the Halachah follows Rebbi Meir in the laws of Ma'aser, and this is the ruling of the Rambam in Hilchos Ma'aser Sheni 3:17.

Even though a non-Kohen may eat Ma'aser Sheni, there are many laws restricting its usage. It may be eaten only in Jerusalem, and, as the first Mishnah in Maseches Ma'aser Sheni teaches, one may not sell it because of its holiness.

2) The Halacha is that Ma'aser Rishon does not possess Kedushah. The Gemara in Yevamos (end of 85b) states, "Surely a Zar may eat Ma'aser Rishon." Rashi writes that Vayikra 22:10 states, "Any Zar may not eat Kodesh," but Ma'aser Rishon is not called Kodesh. In fact, Rebbi Meir (there in the Sugya in Yevamos) disagrees and maintains that a Zar may not eat Ma'aser Rishon. However, the Rambam (Hilchos Ma'aser 1:2) rules that Ma'aser Rishon does not possess Kedushah. His source is Bamidbar 18:27, "And your Terumah will be considered as grain from the threshing floor." After the first Terumah (Terumah Gedolah) has been separated, just like a threshing floor possesses no Kedushah, Ma'aser Rishon possesses no Kedushah.

Kol Tuv,

Dovid Bloom

Joseph Reichman asks:

So Ma'aser Rishon is only a Sheni l'Tum'ah like Chulin?

The Kollel replies:

1) Yes. The Rambam (Hilchos Ma'aser 1:2) writes that one may eat Ma'aser Rishon when Tamei, and wherever "Kodesh" is mentioned in connection with Ma'aseros, this refers only to Ma'aser Sheni.

I looked further into this matter and here are some additional sources.

a) The Mishnah in Maseches Tevul Yom 4:1 states that if Ma'aser food was touched by a Tevul Yom, this makes it like a Shelishi, and Shelishi is Tahor when Chulin is involved. We learn from this Mishnah that Ma'aser goes no further than Sheni. The Rambam (Hilchos Tum'as Ochlin 8:17) writes that this Mishnah is discussing Ma'aser Rishon. Since Ma'aser Rishon is considered as Chulin, it follows that since Shelishi is Tahor for Chulin it is also Tahor for Ma'aser Rishon.

b) However, there is a difference for Ma'aser Sheni between the Halachos of passing on Tum'ah and the Halachos I mentioned in my first reply. This is stated in the Tosefta (Taharos 1:5) which is discussing the levels of Rishon, Sheni, Shelishi, and Revi'i. The Tosefta says that Maa'ser Sheni is like Chulin, and therefore becomes only a Sheni and does not go further. So we learn that even though the Torah calls Ma'aser Sheni "Kodesh," nevertheless the definitions are different when it comes to Tum'ah and Taharah, and for the latter Ma'aser Sheni does not become more Tamei than Sheni.

c) According to this, both Ma'aser Rishon and Ma'aser Sheni do not become more Tamei than Sheni.

2) I will now try to explain why, even though the Torah clearly calls Ma'aser Sheni "Kodesh" (as stated in my first reply), it is called "Chulin" as far as passing on Tum'ah is concerned (the latter fact is written explicitly by the Rambam, Hilchos Avos ha'Tum'ah 11:15: Ma'aser Sheni is like Chulin and therefore Rishon is Tamei, Sheni is Pasul, and there is no Shelishi).

a) The Gemara does actually discuss the question of whether or not there is Shelishi for Ma'aser. In Chulin (beginning of 33b) the Gemara states that any Sheni (see Rashi DH Kol) is permitted when it touches Ma'aser, according to Rebbi Meir, while the Chachamim forbid Ma'aser. Rashi (DH v'Chachamim) comments that we see from this that according to the Chachamim, Ma'aser Sheni is different from Chulin.

b) However, Rav Simi bar Ashi then challenges this assumption and says that it may be that the Chachamim disagree with Rebbi Meir only concerning the eating of Ma'aser, while they agree that if one merely touches Ma'aser it does not become Shelishi. Tosfos (DH v'Dilma) writes that this is indeed the Halachah -- that if Sheni touches Ma'aser it does not become Shelishi.

c) The above is in fact derived from verses (Yevamos 74b). The Gemara there cites the Mishnah in Nega'im 14:3 that says that one who became Tamei and then immersed in the Mikveh is permitted to eat Ma'aser immediately, even before sunset. However, in order to eat Terumah, he must wait until nightfall. The Gemara states that this is derived from two verses. Vayikra 22:6 states, "He may not eat from the Kodshim until he washes his flesh in water." This implies that after he immerses in the Mikveh, he may eat Kodesh right away. However, the next verse, Vayikra 22:7, states, "And the sun will come down and he will be Tahor, and afterwards he may eat from the Kodshim." The Gemara reconciles the contradiction by answering that the first verse is discussing Ma'aser Sheni, for which one does not require nightfall, while the second verse refers to Terumah.

d) Now the Gemara challenges this answer. How do we know that Terumah is more stringent than Ma'aser? Perhaps Ma'aser is more stringent than Terumah, and the more stringent law should apply to Ma'aser, not to Terumah? After all, Ma'aser possesses several Chumros that Terumah does not possess (for example, Ma'aser Sheni is forbidden to an Onen)! The Gemara answers that Terumah is more stringent because there is a punishment of death at the hands of Heaven for a Tamei person who eats it.

e) We learn from the above that even though what a Tevul Yom (i.e. someone who went to the Mikveh but has not yet waited for sundown) touches is Shelishi (see Mishnah, Tevul Yom 4:1), nevertheless one may eat Mas'er Sheni that a Tevul Yom touched. This proves that there is no Shelishi for Ma'aser Sheni. So even though the Torah calls Ma'aser Sheni "Kodesh," nevertheless it is less Kodesh than Terumah.

Kol Tuv,

Dovid Bloom