brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
Rav says that R. Me'ir holds that Hekdesh is Mischalel b’Shogeg and the Mishnah which states that if someone is Mekadesh a woman b’Shogeg it is not a Kidushin is referring to Kasnos Kehunah that are not yet worn out. (1)
R. Me'ir admits that if one benefits b’Shogeg from Kasnos Kehunah that are already worn out he is Chayav a Korban Me’ilah. (2)
According to R. Me'ir one who benefits from the Shekalim Chaditin (the new Shekalim that are used for Karbanos Tzibur) must bring a Korban Me’ilah, but one who benefits from Shekalim Atikin (the old Shekalim that are placed in the Shirei ha’Lishkah) is not Chayav a Korban Me’ilah. (3)
R. Yehudah holds that even someone one who benefits from the Shekalim Atikin must bring a Korban Me’ilah because a person who benefits from the Shirei ha’Lishkah must bring a Korban Me’ilah.
If a stone from the city of Yerushalayim falls off the wall, if someone benefits from the stone he must bring a Korban Me’ilah according to R. Yehudah.
If someone makes a Neder prohibiting an object like an Imra (a lamb that is used for a Korban), or a Dir (a barn used for Behe’imos of Hekdesh), or the wood of the Mizbe'ach, or the fire on the Mizbe'ach , or the Heichal, or the Mizbe'ach or Yerushalayim it is a valid Neder.
R. Yehudah says that a Neder prohibiting an object like Yerushalayim is not a valid Neder unless he says it should be prohibited like something that is brought (as a Korban) in Yerushalayim. (4)
Bar Pada says that according to R. Me'ir if someone spends money of Hekdesh b’Shogeg it is not Mischalel and he doesn’t bring a Korban Me’ilah. (5)
Ba’is Shamai holds that one who redeems his Kerem Revai doesn’t have to add a fifth and he doesn’t have to dispose of it at the time of the Bi’ur, while Bais Hilel disagrees. (6)
Ba’is Shamai holds that Kerem Revai is Chayav in Peret and Olelols, while Bais Hilel disagrees.
If the Gizbar gives money of Hekdesh b’Shogeg to a Shli’ach to buy something from the store and the Gizbar [and the Shli’ach] remembered that it is Hekdesh the storekeeper is Mo’el when he spends the money. (7)
If someone redeems Ma'aser Sheni or Neta Ravai he must add a fifth, whether it is his own or it was given to him as a gift. (8)
R. Yosi holds that grapes that have reached the size of Smadar are considered a fruit and are forbidden if it is Orlah
If someone sells Ma'aser Sheni worth a Sela and after the buyer did Meshichah it went up to two Sela’im he only must give the seller a Sela. (9)
A BIT MORE
1. The Torah was not given to Malachei ha’Shares and it is impossible for Kohanim to strip off the Katones the second they complete the Avodah, therefore they were Makdish the Kasnos Kehunah on condition that there is no Chiyuv of a Korban Me’ilah if one benefits from it b’Shogeg.
2. Since it is no longer fit for the Avodah the condition that was made no longer applies and it has the same status of all Hekdesh and one bring a Korban Me’ilah for benefiting from them.
3. The Shekalim Atikin are the Shekalim that were owed from last year and they are not used for the Korbanos Tzibur and instead they are placed in the Shirei ha’Lishakh and are used for the walls of Yerushalayim and other municipal needs, therefore according to R. Me'ir there is no Chiyuv Korban Me’ilah because the Torah was not given to Malachei ha’Shares and it is impossible to ensure that no one will benefit from the walls for anything other than their principle purpose.
4. R. Yehudah holds that there is no Chiyuv Meilah for the walls of Yerushalayim because they are built from the Shirei ha’Laishkah, although in the Be’raysah R. Yehudah sates that there is a Chayav Me’ilah for benefiting from Shekalim Atikim even though it is placed for the Shirei ha’Lishakh, it is a Machlokes Tana’im whether R. Yehudah holds there iis a Chayav Me’ilah for the Shirei ha’Lishkah.
5. Bar Pada disagrees with R. Yochanan who says that R. Me'ir holds that Hekdesh is Miscahalel b’Shogeg and the Mishnah is referring to a case of Kasnos Kehuanh.
6. At time of the Bi’ur in the third and sixth years of Shemitah all of the Ma'asros must be disposed of and Ba’is Hilel holds that Kerem Revai must also be disposed of because Bais Hilel learns out Kerem Revai from Ma'aser Sheni, just like the Din of Chomesh and Bi’ur applies to Ma’aser Sheni so too it applies to Kerem Revai.
7. Since the Gizbar and the Shli’ach remembered it is Hekdesh they are Me’izid not Shogeg, and a person is only Mo’el if he is Shogeg, therefore the money remains Hekdesh and the storekeeper is Mo’el when he spends the money.
8. According to R. Me'ir who holds Ma'aser Sheni is Mamon Gavoah both Ma'aser Sheni and Neta Revai may not be given as a gift unless the Ma’aser was not yet separated or the fruit of Neta Revai was still very small and is not yet the size of Smadar (which is not yet considered a fruit according to the Rabanan who argue with R. Yosi).
9. THIS BE’RAYSAH IS IN ACCORDANCE WITH R. YEHUDAH WHO HOLDS THAT MA'ASER SHENI IS MAMON HEDYOT AND THEREFORE IT IS NIKNEH WITH MESHICHAH, HOWEVER ACCORDING TO R. ME'IR WHO HOLDS THAT MA'ASER SHENI IS MAMON GAVOAH IT IS NIKNEH WITH KESEF, NOT WITH MESHICHAH, AND THEREFORE SINCE IT WENT UP TO TWO SELA’IM BEFORE HE PAID THE MONEY HE MUST GIVE THE SELLER TWO SELA’IM.
The Rambam states that although Ma’aser Sheni may not be given as a gift, however Tevel may be gives as a gift. The R'i Korakis asks that the Rambam Paskens that Matanos that are not yet separated are regarded is if they are already separated so why is it permitted to give Tevel as a gift. The R'i Korakis answers that regarding the Din that Ma'aser Sheni is Mamon Gavoah we say that Matanos that were not separated are not regarded as if they were already separated because R. Me'ir only holds that Ma'aser Sheni is Maon Gavoah after it has already been separated because the Pasuk he learns out that Ma’aser Sheni is Mamon Gavoha from the Pasuk ‘la’Hashem Hu’ and the Pasuk is referring to Ma'aser Sheni after it has already been separated. (Kesek Mishnah)
Ma’aser Sheni is Mamon Gavoah because the Pasuk states ‘la’Hashem Hu’ therefore it may not be given as a gift unless it was given while it was Tevel additional the recipient separated the Ma’aser. One may not be Mekadesh a woman with Ma'aser Sheni and one may n or sell it or trade it give it as a Mashkon. (Rambam Hilchos Ma'aser Sheni 3:17)
Next Daf Index to Revach for Maseches Kidushin