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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Metzia 53

BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) CAN MA'ASER BE NULLIFIED?

(a) (Chizkiyah): Ma'aser Sheni worth less than a Perutah - he redeems it and the added fifth on coins already used to redeem Ma'aser, for surely he was not exact.
(b) Question (Mishnah): The following apply to Terumah and Bikurim, but not to Ma'aser: A non-Kohen or Tamei Kohen who eats them is liable to death at the hands of Heaven; a non-Kohen who unintentionally eats them adds a fifth when paying for them; they are forbidden to a non-Kohen; they are the property of the Kohen; if they become mixed with Chulin, they are nullified if there is 100 times as much Chulin; one must wash his hands before eating them; a Tamei person who immersed cannot eat them until nightfall.
1. Suggestion: It says that Terumah (or Bikurim) is nullified in 100 parts of Chulin, not Ma'aser - implying, Ma'aser is nullified in a majority of Chulin!
i. According to Chizkiyah, Ma'aser can be redeemed (even less than a Perutah's worth) - anything which can be permitted in some way is never nullified!
2. Question: Perhaps the Mishnah teaches that Terumah is nullified in 100 parts, but Ma'aser is never nullified!
3. Rejection #1: The Mishnah lists stringencies of Terumah over Ma'aser, not leniencies.
4. Objection: But it says, it is the property of the Kohen (a leniency)!
5. Rejection #2 (Beraisa): Ma'aser is nullified in a majority of Chulin;
i. This applies to less than a Perutah's worth of Ma'aser, or Ma'aser that entered Yerushalayim and left (therefore, it cannot be redeemed nor eaten).
ii. According to Chizkiyah, it can be redeemed on prior coins!
(c) Answer: The case is, he has no prior coins.
(d) Question: He can redeem the Ma'aser (that became mixed with Chulin) together with other Ma'aser worth a Perutah!
(e) Answer: No - mid'Oraisa, the Ma'aser is nullified in the mixture, it is only considered Ma'aser mid'Rabanan - it does not help to join it with mid'Oraisa Ma'aser.
(f) Question: He should redeem it with a Perutah's worth of Demai (produce bought from someone untrustworthy regarding Ma'aser - since most people Ma'aser, this is also only Ma'aser mid'Rabanan)!
(g) Answer: We decree lest he redeem it with mid'Oraisa Ma'aser.
(h) Question: He should redeem a Perutah and a half of mid'Oraisa Ma'aser on two coins, each one Perutah, and redeem the mixed Ma'aser on the other half-Perutah!
(i) Answer: If he tries this, a Perutah of Ma'aser is redeemed on one coin, but the other half-Perutah of Ma'aser cannot be redeemed on the other coin (since it is less than a Perutah)!
(j) Question: He should redeem mid'Oraisa Ma'aser (worth less than an Isar) on an Isar, and redeem the mixed Ma'aser on Chulin that remains in the Isar!
(k) Answer: We decree lest he redeem on Perutos.
2) MA'ASER THAT ENTERED YERUSHALAYIM
(a) Question: The Beraisa said, also Ma'aser that entered Yerushalayim and left is nullified - he can return it to Yerushalayim and eat it there (since it can be permitted, it should not be nullified)!
(b) Answer #1: The case is, it became Tamei.
1. Question: If so, he can redeem it!
i. (R. Elazar): Tamei Ma'aser Sheni can be redeemed even in Yerushalayim (since it cannot be eaten)- "Ki Lo Suchal Se'eiso";
53b---------------------------------------53b

ii. "Se'eiso" is a language of eating - "va'Yisa Masa'os".
2. Answer: The Ma'aser was bought with Ma'aser money.
3. Question: Even so, he can redeem it!
i. (Mishnah): Produce bought with money of Ma'aser Sheni that became Tamei, it can be redeemed.
4. Answer: The Beraisa is R. Yehudah, who says that it must be buried.
5. Question: If (it became Tamei, according to) R. Yehudah - even if it did not leave Yerushalayim, it cannot be eaten, it can be nullified!
(c) Answer #2: Rather, it is still Tahor - when the Beraisa says it left Yerushalayim, it means, the walls of Yerushalayim fell (so it can no longer be eaten).
1. Question: But Rava taught, mid'Oraisa, Ma'aser can only be eaten within the walls; mid'Rabanan, once Ma'aser enters the walls, it cannot be redeemed.
i. Presumably, Chachamim only decreed when there are walls (and it can be eaten) - if the walls fell, why shouldn't it be redeemed?!
2. Answer: Chachamim did not distinguish whether or not there are walls.
(d) Answer #3 (Rav Huna bar Yehudah): The Beraisa teaches one case - less than a Perutah's worth of Ma'aser that entered Yerushalayim and left, can be nullified.
(e) Question: He can return it to Yerushalayim and eat it (so why is it nullified)?
(f) Answer: The case is, the walls of Yerushalayim fell.
(g) Question: If so, he can redeem it!
1. Rava taught, mid'Oraisa, Ma'aser can only be eaten within the walls; mid'Rabanan, once Ma'aser enters the walls, it cannot be redeemed.
i. Chachamim only decreed when there are walls (and it can be eaten) - if the walls fell, why shouldn't it be redeemed?!
(h) Answer: Chachamim did not distinguish whether or not there are walls.
(i) Question: If so, even if it is worth a Perutah, it can be nullified!
(j) Answer: The Beraisa teaches a bigger Chidush.
1. Not only when it is worth a Perutah, Chachamim decreed that it cannot be redeemed once it entered Yerushalayim;
2. But even when it is not worth a Perutah, and it is not common to redeem it (on a prior coin), Chachamim decreed that it cannot be redeemed once it entered.
3) MA'ASER THAT CANNOT MAKE MONEY KODESH
(a) (Beraisa): "Mi'Ma'asero" - not all his Ma'aser - this excludes Ma'aser Sheni that is not worth a Perutah (it cannot imbue Kedushah to a Perutah).
(b) (Rav Ami and R. Yochanan): The Beraisa speaks of Ma'aser worth less than a Perutah.
(c) (Rav Asi and Reish Lakish): The Beraisa speaks of Ma'aser whose added fifth is worth less than a Perutah.
(d) Question (Beraisa): Ma'aser worth less than a Perutah - it suffices to say that it and its fifth are redeemed on prior coins.
1. We understand according to Rav Asi - even though the Ma'aser is more than a Perutah, since the fifth is not, 'it suffices' to redeem on prior coins (he need not take it to Yerushalayim or redeem it with more Ma'aser);
2. But according to Rav Ami - the Ma'aser is less than a Perutah - why does it say 'it suffices' - it should just say, he redeems it on prior coins!
3. This is left difficult.
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