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MAKOS 17 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman of London, England. May Hashem bless them with good health and all their material needs, and may they enjoy many years of Nachas and joy from their wonderful children and grandchildren.


1. There is a disagreement whether it is necessary to designate Ma'aser Ani for food that is Demai.
2. Rebbi Shimon maintains that a person is Chayav Malkus for Tevel less than the size of an olive. The Rabanan disagree.
3. Rav Bibi maintains that although Rebbi Shimon ascribes Malkus for eating a single kernel of wheat, he does ascribe Malkus for eating an amount of flour (ground kernels of wheat) that is less than the size of an olive. Rebbi Yirmeyah disagrees.
4. If a Korban Pesach becomes Tamei, one who breaks its bones is not Chayav Malkus.
5. Rebbi Akiva and Rebbi Shimon maintain that Bikurim may not be eaten by the Kohen prior to the reading of Parshas Bikurim. The Chachamim disagree.
6. Rava explains according to Rebbi Shimon: if a non-Kohen, eats a Korban Olah, prior to the sprinkling of the blood, and he does so outside the walls of Yerushalayim - he transgresses five Torah prohibitions.
7. Bikurim are forbidden to a non-Kohen, but they are permitted to a Kohen who is an Onen.
8. There is a disagreement if Beis Din may punish someone on the basis of a Kal v'Chomer.


1. Rebbi Eliezer says that it is not necessary to give a name for the Ma'aser Ani of Demai. We do not suspect that an Am ha'Aretz failed to separate the Ma'aser Ani because it is permissible for a non-Kohen. Thus, the Am ha'Aretz will separate it and eat it himself. The Chachamim maintain that it is necessary to designate the Ma'aser Ani by stating that the Ma'aser Ani is in the north or south of the pile, so that the produce will no longer be Tevel. It is not necessary to actually separate it and give it to the poor, because it is a Safek whether the Am ha'Aretz already separated the Ma'aser.
2. Although the Rabanan agree that one who eats an ant is Chayav, that is only because he is eating an entire being. A kernel of wheat is not regarded as a being.
3. Rebbi Yirmeyah's view is supported by the Beraisa which states that according to Rebbi Shimon, one is Chayav Malkus for eating a prohibited item smaller than the size of an olive, but a person is not Chayav to bring a Korban for eating something that small.
4. The prohibition against breaking a bone from a Korban Pesach applies only to a valid Korban.
5. The Chachamim maintain that the Bikurim may be eaten after the Kohen places it in front of the Mizbe'ach.
6. He transgresses the prohibition of a non-Kohen eating Kodshim, of eating Kodshim prior to the sprinkling of the blood, and eating Kodshim outside the walls of Yerushalayim. He also transgresses the prohibition of eating Kodshei Kodashim outside the Azarah, and of eating an Olah.
7. However, Ma'aser Sheni is the opposite: it is permitted to a non-Kohen but prohibited to an Onen.
8. However, everyone agrees that an Azharah may not be based on a Kal va'Chomer.

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