Search

Makkot 19

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

This week’s learning is sponsored by Sara Averick & Jose Rosenfeld in loving memory of Sara’s beloved Aunt Rose, Rachel bat Chaim Nisan haLevi v’Nechama. “She was a Yiddish scholar who adored all her nieces and nephews. She was a beacon of light, laughter and joy.”

Rava bar Ada said in the name of Rabbi Yitzchak that a non-kohen is only liable for eating bikkurim once they have been brought into the azara, since until that point, they are still considered chulin. , not sacred.

Rav Sheshet ruled that placing the bikkurim in front of the altar is critical, but reading the mikra bikkurim is not. The Gemara brings a braita of Rabbi Yishmael trying to prove that Rav Sheshet holds by his opinion. However, this suggestion is rejected. In the braita, Rabbi Yishmael derives the source for not eating maaser sheni after the destruction of the Temple. First, he tries to prove it from bechor, a firstborn animal, But after he rejects this suggestion, he proves it from a heikesh, a juxtaposition, from a verse in the Torah. The Gemara raises some questions against some of the content in the braita. Why couldn’t they derive the law about maaser sheni from bechor and bikkurim together? Secondly, why was it so clear that the meat of a bechor could not be eaten after the Temple was destroyed, if, for example, the animal had already been offered as a sacrifice before the destruction?

The first and second Mishna in the chapter both mention lashes for eating maaser sheni. To explain why the repetition, Rabbi Yosi bar Chanina establishes the second Mishna in a case of an impure person eating it in Jerusalem or the produce itself was impure and the person ate it in Jerusalem, whereas the first Mishna related to one receiving lashes for eating it outside Jerusalem (in a pure state). What is the source for receiving lashes for impurity of either the maaser sheni or the person eating it?

From where is it derived that maaser sheni can be redeemed in Jerusalem if it is impure? From where is it derived that if a person bringing maaser sheni to Jerusalem is one step outside the walls of Jerusalem, one can still redeem it? What if the person is carrying it on their back and their body is in Jerusalem but the produce is not yet in Jerusalem?

Today’s daily daf tools:

Makkot 19

מֵאֵימָתַי (מ)חַיָּיבִין עֲלֵיהֶם – מִשֶּׁיִּרְאוּ פְּנֵי הַבַּיִת. כְּמַאן – כִּי הַאי תַּנָּא, דְּתַנְיָא, רַבִּי אֱלִיעֶזֶר אוֹמֵר: בִּכּוּרִים מִקְצָתָן בַּחוּץ וּמִקְצָתָן בִּפְנִים, שֶׁבַּחוּץ – הֲרֵי הֵן כְּחוּלִּין לְכׇל דִּבְרֵיהֶם, שֶׁבִּפְנִים – הֲרֵי הֵן כְּהֶקְדֵּשׁ לְכׇל דִּבְרֵיהֶם.

from when is a non-priest who eats first fruits liable to receive death at the hand of Heaven for their consumption? One is liable from when the fruits will enter inside the Temple. The Gemara notes: In accordance with whose opinion is this halakha stated? It is in accordance with the opinion of this tanna, as it is taught in a baraita that Rabbi Eliezer says: With regard to first fruits, some of which are outside and some of which are inside the Temple, the halakhic status of those that are outside the Temple is like that of non-sacred produce for all matters concerning them, and the halakhic status of those that are inside the Temple is like that of consecrated produce for all matters concerning them.

אָמַר רַב שֵׁשֶׁת: בִּכּוּרִים, הַנָּחָה – מְעַכֶּבֶת בָּהֶן, קְרִיָּיה – אֵין מְעַכֶּבֶת בָּהֶן.

§ Rav Sheshet says: With regard to first fruits, the lack of placement alongside the altar invalidates them; while the lack of recitation of the accompanying Torah verses does not invalidate them.

כְּמַאן – כִּי הַאי תַּנָּא, דְּתַנְיָא: רַבִּי יוֹסֵי אוֹמֵר שְׁלֹשָׁה דְּבָרִים מִשּׁוּם שְׁלֹשָׁה זְקֵנִים, רַבִּי יִשְׁמָעֵאל אוֹמֵר: יָכוֹל יַעֲלֶה אָדָם מַעֲשֵׂר שֵׁנִי בִּזְמַן הַזֶּה בִּירוּשָׁלַיִם, וְיֹאכְלֶנּוּ? וְדִין הוּא: בְּכוֹר טָעוּן הֲבָאַת מָקוֹם, וּמַעֲשֵׂר שֵׁנִי טָעוּן הֲבָאַת מָקוֹם, מָה בְּכוֹר אֵינוֹ אֶלָּא בִּפְנֵי הַבַּיִת – אַף מַעֲשֵׂר אֵינוֹ אֶלָּא בִּפְנֵי הַבַּיִת.

The Gemara notes: In accordance with whose opinion is this halakha stated? It is in accordance with the opinion of this tanna, Rabbi Yishmael, as it is taught in a baraita that Rabbi Yosei says three statements in the name of three elders, and one of those statements is that which Rabbi Yishmael says: One might have thought that a person would bring second-tithe produce up to Jerusalem in the present, after the destruction of the Temple, and eat it. And ostensibly, it could be derived by means of a logical inference that one may not do so: A firstborn offering requires bringing it to the place, to Jerusalem, and eating it there, and second-tithe produce requires bringing it to the place; just as the firstborn offering may be eaten there only in the presence of the Temple, so too, second-tithe produce may be eaten there only in the presence of the Temple.

מָה לִבְכוֹר שֶׁכֵּן טָעוּן מַתַּן דָּמִים וְאֵימוּרִין לְגַבֵּי מִזְבֵּחַ! בִּכּוּרִים יוֹכִיחוּ. מָה לְבִכּוּרִים, שֶׁכֵּן טְעוּנִים הַנָּחָה!

Rabbi Yishmael continues and counters: What is notable about a firstborn? Bringing the firstborn to Jerusalem is required only in the presence of the Temple, because it is notable in that it requires placement of its blood and its sacrificial portions upon the altar; will you say the same with regard to second-tithe produce, which requires only that it be consumed in Jerusalem? He then suggests: First fruits will prove that placement of blood upon the altar is not a factor, as they do not require placement of blood upon the altar, and yet they are brought to Jerusalem only in the presence of the Temple. Rabbi Yishmael counters: What is notable about first fruits? They are notable in that they require placement alongside the altar. Perhaps, since second-tithe produce does not require placement at all, even in the present one must bring it to Jerusalem and eat it there.

תַּלְמוּד לוֹמַר: ״וְאָכַלְתָּ [שָּׁם] לִפְנֵי ה׳ אֱלֹהֶיךָ וְגוֹ׳״ – מַקִּישׁ מַעֲשֵׂר לִבְכוֹר, מָה בְּכוֹר אֵינוֹ אֶלָּא לִפְנֵי הַבַּיִת – אַף מַעֲשֵׂר אֵינוֹ אֶלָּא לִפְנֵי הַבַּיִת. וְאִם אִיתָא, לִיפְרוֹךְ: מָה לְבִכּוּרִים – שֶׁכֵּן טְעוּנִין קְרִיָּיה וְהַנָּחָה!

Rabbi Yishmael concludes: Therefore, the verse states: “And you shall eat before the Lord your God…the tithe of your grain…and the firstborn of your herd and your flock” (Deuteronomy 14:23); the Torah juxtaposes second-tithe produce to the firstborn. Just as the firstborn may be eaten there only in the presence of the Temple, so too, second-tithe produce may be eaten there only in the presence of the Temple. The Gemara explains: the proof of Rav Sheshet’s opinion from the baraita is: And if it is so that the lack of recitation of the Torah verses invalidates the ritual of first fruits, let the baraita refute the derivation by saying: What is notable about first fruits? They are notable in that they require recitation of the Torah verses and placement alongside the altar.

אָמַר רַב אָשֵׁי: נְהִי דְּעִיכּוּבָא לֵיכָּא, מִצְוָה מִי לֵיכָּא? וְלֵימָא מִצְוָה וְלִיפְרוֹךְ! אֶלָּא אָמַר רַב אָשֵׁי: כֵּיוָן דְּאִיכָּא בִּכּוּרֵי הַגֵּר, דְּבָעֵי לְמֵימַר אֲשֶׁר נִשְׁבַּע [ה׳] לַאֲבֹתֵינוּ״, וְלָא מָצֵי אָמַר – לָא פְּסִיקָא לֵיהּ.

Rav Ashi said: There is no proof from the fact that recitation is not mentioned. Although the lack of recitation does not invalidate the first fruits, is there no mitzva? Everyone agrees that there is a mitzva to recite the Torah verses. And therefore let the tanna say that there is a mitzva to recite the portion; and refute the proof from first fruits in that manner, as in the case of second tithe there is no mitzva to recite Torah verses. Rather, Rav Ashi said that there is a different reason that recitation was omitted from the refutation: It is that there is the case of the first fruits of a convert, who needs to recite: “I have come to the land that the Lord swore unto our fathers” (Deuteronomy 26:3), and since he cannot say it, as the Lord did not swear to give the land to the ancestors of the convert, he brings the first fruits but does not read the portion. Therefore, the obligation to recite the Torah verses is not clear-cut for the tanna and he did not mention it.

וְלִיהְדַּר דִּינָא וְתֵיתֵי בַּ״מָּה הַצַּד״! מִשּׁוּם דְּאִיכָּא לְמִיפְרַךְ: מָה לְהַצַּד הַשָּׁוֶה שֶׁבָּהֶן, שֶׁכֵּן יֵשׁ בָּהֶן צַד מִזְבֵּחַ.

The Gemara asks: Why was it necessary for the tanna to derive that second-tithe produce is not brought to Jerusalem at present from the juxtaposition in the verse? And let the derivation revert to its starting point, and derive the halakha through an analogy derived from the common factor of first fruits and the firstborn. Each of the sources neutralizes the significance of the notable factor in the other, leaving the common factor: One must bring them to Jerusalem. From there it may be derived that second-tithe produce, which one must also bring to Jerusalem, need not be brought there when the Temple is not standing. The Gemara answers: The juxtaposition is necessary due to the fact that this analogy can be refuted: What is notable about the common factor that is true of both first fruits and the firstborn? It is notable in that they have an aspect involving the altar, which is not so in the case of second tithe.

וּמַאי קָסָבַר? אִי קָסָבַר קְדוּשָּׁה רִאשׁוֹנָה קִדְּשָׁה לִשְׁעָתָהּ וְקִדְּשָׁה לֶעָתִיד לָבֹא – בְּכוֹר נָמֵי, אִי קָסָבַר קְדוּשָּׁה רִאשׁוֹנָה קִדְּשָׁה לִשְׁעָתָהּ וְלֹא קִדְּשָׁה לֶעָתִיד לָבֹא – אֲפִילּוּ בְּכוֹר נָמֵי תִּבְּעֵי!

The Gemara asks: And what opinion does Rabbi Yishmael hold that led to his initial assumption that one is obligated to bring a firstborn animal to Jerusalem only when the Temple is standing? If he maintains in general that the initial consecration of the Temple sanctified Jerusalem for its time and sanctified Jerusalem forever, and the location of the Temple remains sacred even after the Temple was destroyed, then one should also be obligated to bring a firstborn animal to the place of the Temple and sacrifice it on an altar and eat it. If he maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever, then he should raise a dilemma even with regard to a firstborn, whether it may be eaten in Jerusalem.

אָמַר רָבִינָא: לְעוֹלָם קָסָבַר קִדְּשָׁה לִשְׁעָתָהּ וְלֹא קִדְּשָׁה לֶעָתִיד לָבֹא, וְהָכָא בִּבְכוֹר שֶׁנִּזְרַק דָּמוֹ קוֹדֶם חוּרְבַּן הַבַּיִת, וְחָרַב הַבַּיִת וַעֲדַיִין בְּשָׂרוֹ קַיָּים. וּמַקְּשִׁינַן בְּשָׂרוֹ לְדָמוֹ, מָה דָּמוֹ בַּמִּזְבֵּחַ – אַף בְּשָׂרוֹ בַּמִּזְבֵּחַ. וּמַקִּישׁ מַעֲשֵׂר לִבְכוֹר.

Ravina said: Actually, Rabbi Yishmael maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever; and why is it obvious to him that the firstborn is not eaten? It is because here, he is stating the halakha with regard to the case of a firstborn whose blood was sprinkled before the destruction of the Temple, and the Temple was then destroyed, and its flesh is still intact. And based on a juxtaposition: “You shall sprinkle their blood upon the altar…and their flesh shall be for you” (Numbers 18:17–18), we compare the status of its flesh to the status of its blood; just as its blood must be sprinkled at a time when the altar is standing, so too its flesh may be eaten only at a time when the altar is standing. And he compares the status of second-tithe produce to the status of a firstborn offering, and derives that one may partake of second-tithe produce in Jerusalem only when the Temple is standing.

וְכִי דָּבָר הַלָּמֵד בְּהֶקֵּשׁ חוֹזֵר וּמְלַמֵּד בְּהֶקֵּשׁ? מַעְשַׂר דָּגָן חוּלִּין הוּא.

The Gemara asks: And does a matter derived via juxtaposition then teach another matter via juxtaposition? The principle with regard to the halakhot of consecrated matters is that a halakha derived via one of the hermeneutical principles cannot serve as the basis for derivation of another halakha; each halakha requires its own source. The Gemara answers: Second tithe of grain is non-sacred produce, and halakhot of non-sacred matters derived via hermeneutical principles may serve as the basis for deriving other halakhot using hermeneutical principles.

הָנִיחָא לְמַאן דְּאָמַר בָּתַר לָמֵד אָזְלִינַן, אֶלָּא לְמַאן דְּאָמַר בָּתַר מְלַמֵּד אָזְלִינַן, מַאי אִיכָּא לְמֵימַר?

The Gemara asks: This works out well according to the one who says: In determining whether a derivation involves consecrated matters or whether it involves non-sacred matters, we follow the matter that is derived from a matter derived from juxtaposition. Since in this case the matter derived is second-tithe produce, which for these purposes is non-sacred, its halakhic status may be derived from juxtaposition with the halakhot of sacrificial matters. But according to the one who says: We follow the matter that teaches, i.e., from which the halakha is derived, what is there to say? The status of second-tithe produce may not be derived by means of juxtaposition from the status of the firstborn offering, which itself was derived from the blood of the offering, because the firstborn offering is a sacrificial matter.

דָּם וּבָשָׂר חֲדָא מִילְּתָא הִיא.

The Gemara answers: This is not a matter derived from a matter derived from a juxtaposition, as the status of the firstborn offering is not derived from the status of blood; blood and flesh are one matter. There is only one derivation in this case, which is that the status of second-tithe produce is derived from the status of the blood and the flesh of the firstborn.

קׇדְשֵׁי קֳדָשִׁים וְכוּ׳. תְּנֵינָא חֲדָא זִימְנָא: מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ! אָמַר רַבִּי יוֹסֵי בַּר חֲנִינָא: סֵיפָא בְּמַעֲשֵׂר שֵׁנִי טָהוֹר וְגַבְרָא טָהוֹר, דְּקָא אָכֵיל חוּץ לַחוֹמָה. רֵישָׁא בְּמַעֲשֵׂר שֵׁנִי טָמֵא וְגַבְרָא טָמֵא, וְקָא אָכֵיל לֵיהּ בִּירוּשָׁלַיִם.

§ The mishna teaches that one who ate offerings of the most sacred order outside the Temple courtyard and one who ate second-tithe produce outside the wall of Jerusalem is flogged with forty lashes. The Gemara asks: Didn’t we already learn this one time in the previous mishna (13a), that one who ate second-tithe produce or sacrificial food that was not redeemed is flogged? Why does the tanna repeat the halakha of second-tithe produce in this mishna? Rabbi Yosei bar Ḥanina said: These are different cases; the latter clause, this mishna, is in the case of ritually pure second-tithe produce and a ritually pure person who eats it outside the wall of Jerusalem. The first clause, the previous mishna, is in the case of ritually impure second-tithe produce and a ritually impure person who eats it within Jerusalem.

וּמְנָלַן דְּמִחַיַּיב עֲלֵיהּ מִשּׁוּם טוּמְאָה? דְּתַנְיָא, רַבִּי שִׁמְעוֹן אוֹמֵר: ״לֹא בִּעַרְתִּי מִמֶּנּוּ בְּטָמֵא״ – בֵּין שֶׁאֲנִי טָמֵא וְהוּא טָהוֹר, בֵּין שֶׁאֲנִי טָהוֹר וְהוּא טָמֵא. וְהֵיכָן מוּזְהָר עַל אֲכִילָה אֵינִי יוֹדֵעַ.

The Gemara asks: And from where do we derive that one is liable to receive lashes due to impurity? It is derived as it is taught in a baraita that Rabbi Shimon says that the verse in the portion of the declaration of tithes: “I have not put any of it away when impure” (Deuteronomy 26:14), is a general formulation that is interpreted to mean: Whether I am impure and the second-tithe produce is ritually pure, or whether I am ritually pure and the second-tithe produce is impure. Rabbi Shimon adds: And I do not know where it is that one is warned, i.e., where is there a prohibition, with regard to eating. Although it is clear from the verse cited that it is prohibited for one to partake of second-tithe produce while impure, the source for this prohibition is unclear.

טוּמְאַת הַגּוּף – בְּהֶדְיָא כְּתִיב: ״נֶפֶשׁ אֲשֶׁר תִּגַּע בּוֹ וְטָמְאָה עַד הָעָרֶב וְלֹא יֹאכַל מִן הַקֳּדָשִׁים וְגוֹ׳״ אֶלָּא: טוּמְאַת עַצְמוֹ מִנַּיִן?

Before citing the source of the prohibition, the Gemara asks: With regard to one with impurity of the body who partakes of second-tithe produce, it is explicitly written: “A soul that touches it shall be impure until the evening and shall not eat of the consecrated food” (Leviticus 22:6), which the Sages interpret to include second-tithe produce. This is a prohibition with regard to a ritually impure person partaking of second-tithe produce. But when Rabbi Shimon says: I do not know where it is that one is warned with regard to eating, he is stating: With regard to the impurity of the second-tithe produce itself, from where is the warning derived?

דִּכְתִיב: ״לֹא תוּכַל לֶאֱכֹל בִּשְׁעָרֶיךָ״. וּלְהַלָּן הוּא אוֹמֵר: ״בִּשְׁעָרֶיךָ תֹּאכְלֶנּוּ הַטָּמֵא וְהַטָּהוֹר״,

The Gemara answers: It is derived as it is written with regard to second-tithe produce: “You may not eat within your gates the tithe of your grain or of your wine or of your oil” (Deuteronomy 12:17), and later, with regard to a blemished firstborn animal, the verse states: “Within your gates you may eat it, the impure and the pure may eat it alike” (Deuteronomy 15:22).

וְתַנְיָא דְּבֵי רַבִּי יִשְׁמָעֵאל: אֲפִילּוּ טָמֵא וְטָהוֹר אוֹכְלִין בִּקְעָרָה אַחַת וְאֵין חוֹשְׁשִׁין, וְקָאָמַר רַחֲמָנָא: הַאיְךְ טָמֵא דִּשְׁרַי לָךְ גַּבֵּי טָהוֹר הָתָם – הָכָא לָא תֵּיכוֹל.

And it is taught in a baraita of the school of Rabbi Yishmael: Even a ritually pure person and a ritually impure person may eat the flesh of a blemished firstborn animal in one dish and need not be concerned, as there is no prohibition for one to eat it while he is impure or while it is impure. And the Merciful One says: It is that impure flesh of the blemished firstborn that is permitted for you to eat with a ritually pure person within your gates there, whereas here, in the case of second-tithe produce in Jerusalem, you may not eat it within your gates in the manner that one eats the flesh of the firstborn.

וּמְנָא לַן דְּבַר פְּדִיָּיה הוּא?

The Gemara stated that the case of second-tithe produce that was not redeemed, cited in the previous mishna, is referring to second-tithe produce that is impure. This indicates that impure second-tithe produce can be redeemed. The Gemara asks: And from where do we derive that impure second-tithe produce is subject to redemption?

דְּאָמַר רַבִּי אֶלְעָזָר: מִנַּיִן לְמַעֲשֵׂר שֵׁנִי שֶׁנִּטְמָא שֶׁפּוֹדִין אוֹתוֹ אֲפִילּוּ בִּירוּשָׁלַיִם? תַּלְמוּד לוֹמַר: ״כִּי לֹא תוּכַל שְׂאֵתוֹ.״ – וְאֵין ״שְׂאֵת״ אֶלָּא אֲכִילָה, שֶׁנֶּאֱמַר ״וַיִּשָּׂא מַשְׂאֹת מֵאֵת פָּנָיו״.

It is as Rabbi Elazar says: From where is it derived with regard to second-tithe produce that became impure that one may redeem it even in Jerusalem? It is derived as the verse states: “Because you are unable to carry it [se’eto], as the place is too far from you…and you shall turn it into money” (Deuteronomy 14:24–25). And se’et means nothing other than eating, as it is stated: “And portions [masot] were taken to them from before him” (Genesis 43:34), referring to gifts of food. Therefore, the phrase: You are unable se’eto, means: You cannot eat it, referring to a case where it is impure. The Torah states that in that case one may redeem the produce even if it is in Jerusalem, not at a distance.

אָמַר רַב בִּיבִי אָמַר רַב אַסִּי: מִנַּיִן לְמַעֲשֵׂר שֵׁנִי טָהוֹר שֶׁפּוֹדִין אוֹתוֹ אֲפִילּוּ בִּפְסִיעָה אַחַת חוּץ לַחוֹמָה? שֶׁנֶּאֱמַר: ״כִּי לֹא תוּכַל שְׂאֵתוֹ״. הַאי מִבְּעֵי לֵיהּ לְכִדְרַבִּי אֶלְעָזָר!

The Gemara cites another, related interpretation. Rav Beivai says that Rav Asi says: From where is it derived with regard to ritually pure second-tithe produce that one may redeem it even if it is one stride outside the wall of Jerusalem, contrary to the plain understanding of the verse: “As the place is too far from you”? It is derived as it is stated: “Because you are unable to carry it [se’eto],” indicating that if there is any reason that one is unable to carry the produce and bring it into Jerusalem, he may redeem it regardless of its distance from Jerusalem. The Gemara objects: That verse is necessary to derive the halakha of Rabbi Elazar that one may redeem impure second-tithe produce even in Jerusalem.

אִם כֵּן, לֵימָא קְרָא ״לֹא תוּכַל לְאוֹכְלוֹ״, מַאי ״שְׂאֵתוֹ״? וְאֵימָא כּוּלּוֹ לְהָכִי הוּא דַּאֲתָא! אִם כֵּן, לֵימָא קְרָא ״לֹא תוּכַל לִיטְּלוֹ״, מַאי ״שְׂאֵתוֹ״? שְׁמַע מִינַּהּ תַּרְתֵּי.

The Gemara answers: If so, that the verse is required to derive only the halakha of Rabbi Elazar, then let the verse state explicitly: You are unable to eat it. What is the reason that the verse employs the term se’eto”? The Gemara objects: And say that the term comes entirely for this purpose, to teach that one may redeem the produce even if it is not far from the city, and nothing is derived with regard to impure produce. The Gemara answers: If so, let the verse state: You are unable to take it. Why does the verse employ the term se’eto”? Conclude two conclusions from it: One may redeem ritually pure second-tithe produce even if it is just outside the walls of Jerusalem, and one may redeem ritually impure second-tithe produce even in Jerusalem.

יָתֵיב רַב חֲנִינָא וְרַב הוֹשַׁעְיָא, וְקָא מִבַּעְיָא לְהוּ: אַפִּיתְחָא דִּירוּשָׁלַיִם, מַהוּ? פְּשִׁיטָא, הוּא בַּחוּץ וּמַשָּׂאוֹ בִּפְנִים – קְלָטוּהוּ מְחִיצוֹת, הוּא בִּפְנִים וּמַשָּׂאוֹ בַּחוּץ, מַהוּ?

In connection to the discussion of where one may redeem second-tithe produce, the Gemara relates: Rav Ḥanina and Rav Hoshaya sat, and a dilemma was raised before them: If the second-tithe produce is at the entrance of Jerusalem, what is the halakha; can one redeem it there? The Gemara elaborates: It is obvious in a case where one is outside Jerusalem and his burden of second-tithe produce is inside Jerusalem; the tithe is admitted by the walls of Jerusalem and its status is that of produce that entered the city. But in a case where one is inside Jerusalem and his burden of second-tithe produce is outside Jerusalem, what is the halakha?

תְּנָא לְהוּ הָהוּא סָבָא בִּדְבֵי רַבִּי שִׁמְעוֹן בֶּן יוֹחַי: ״כִּי יִרְחַק מִמְּךָ הַמָּקוֹם״ – מִמִּילּוּאֲךָ.

A certain elder taught them a baraita of the school of Rabbi Shimon ben Yoḥai. It is written: “As the place is too far from you [mimmekha]” (Deuteronomy 14:24); and the term “mimmekha” is interpreted as: From your fullness [mimmilluakha], indicating the person and all his appurtenances, including the burden he bears. If any part of him or his appurtenances is inside the city, it is as though he is entirely inside the city, and therefore he may not redeem the second-tithe produce.

בָּעֵי רַב פָּפָּא: נָקֵיט לֵיהּ בְּקַנְיָא, מַאי? תֵּיקוּ.

Rav Pappa raises a related dilemma: If one is holding the second-tithe produce on a reed, and it is suspended behind him, what is the halakha? Since he is carrying the burden, does it fall into the category of his fullness, and it is no different from a burden that he bears on his person, or does its status differ because it is not actually resting on his body? The Gemara concludes: The dilemma shall stand unresolved.

אָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: מַעֲשֵׂר שֵׁנִי מֵאֵימָתַי חַיָּיבִין עָלָיו – מִשֶּׁרָאָה פְּנֵי הַחוֹמָה. מַאי טַעְמָא? דְּאָמַר קְרָא ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ (שָׁנָה בְשָׁנָה)״, וּכְתִיב ״(כִּי) לֹא תוּכַל לֶאֱכֹל בִּשְׁעָרֶיךָ״, כֹּל הֵיכָא דְּקָרֵינַן בֵּיהּ ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ״ – קָרֵינַן בֵּיהּ ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״. וְכֹל הֵיכָא דְּלָא קָרֵינַן בֵּיהּ ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ״ – לָא קָרֵינַן בֵּיהּ ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״.

§ Rabbi Asi says that Rabbi Yoḥanan says: With regard to second-tithe produce, from when is one liable to receive lashes for eating it outside the walls of Jerusalem? It is from when the produce entered within the wall of Jerusalem. What is the reason for this? It is derived as the verse states with regard to second-tithe produce: “Before the Lord your God you shall eat it” (Deuteronomy 12:18), and it is written in the previous verse: “You may not eat within your gates” (Deuteronomy 12:17), from which it is derived: Anywhere that we read concerning it: “Before the Lord your God you shall eat it,” we read concerning it the prohibition: “You may not eat within your gates,” i.e., it may not be eaten outside the walls of Jerusalem; and anywhere that we do not read concerning it: “Before the Lord your God you shall eat it,” as the produce remained outside the walls, we do not read concerning it the prohibition: “You may not eat within your gates.”

מֵיתִיבִי, רַבִּי יוֹסֵי אוֹמֵר: כֹּהֵן שֶׁעָלְתָה בְּיָדוֹ תְּאֵנָה שֶׁל טֶבֶל, אָמַר: תְּאֵנָה זוֹ, תְּרוּמָתָהּ בְּעוּקְצָהּ, מַעֲשֵׂר רִאשׁוֹן בִּצְפוֹנָהּ, וּמַעֲשֵׂר שֵׁנִי לִדְרוֹמָהּ. וְהִיא שְׁנַת מַעֲשֵׂר שֵׁנִי וְהוּא בִּירוּשָׁלַיִם, אוֹ מַעְשַׂר עָנִי וְהוּא בִּגְבוּלִין, אֲכָלָהּ –

The Gemara raises an objection from that which Rabbi Yosei says: With regard to a priest that a fig of untithed produce came into his possession, and he seeks to separate terumot and tithes from it, he says: This fig, I designate its teruma at its stem, I designate its first tithe at its north side, and I designate its second tithe at its south side; and it is a year when second tithe is separated, i.e., the first, second, fourth, or fifth years of the Sabbatical Year cycle, and he is in Jerusalem, when he recites this formula. Or he says that poor man’s tithe shall be designated at its south side if it is a year of poor man’s tithe, i.e., the third or sixth years of the Sabbatical Year cycle, and he is located anywhere in the outlying areas, not in Jerusalem. In those cases, if he ate the fig,

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Nickie Matthews

Blacksburg, United States

It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.

Joanna Rom
Joanna Rom

Northwest Washington, United States

I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!

Rochel Cheifetz
Rochel Cheifetz

Riverdale, NY, United States

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, Israel

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.

Anne Rubin
Anne Rubin

Elkins Park, United States

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

Makkot 19

מֵאֵימָתַי (מ)חַיָּיבִין עֲלֵיהֶם – מִשֶּׁיִּרְאוּ פְּנֵי הַבַּיִת. כְּמַאן – כִּי הַאי תַּנָּא, דְּתַנְיָא, רַבִּי אֱלִיעֶזֶר אוֹמֵר: בִּכּוּרִים מִקְצָתָן בַּחוּץ וּמִקְצָתָן בִּפְנִים, שֶׁבַּחוּץ – הֲרֵי הֵן כְּחוּלִּין לְכׇל דִּבְרֵיהֶם, שֶׁבִּפְנִים – הֲרֵי הֵן כְּהֶקְדֵּשׁ לְכׇל דִּבְרֵיהֶם.

from when is a non-priest who eats first fruits liable to receive death at the hand of Heaven for their consumption? One is liable from when the fruits will enter inside the Temple. The Gemara notes: In accordance with whose opinion is this halakha stated? It is in accordance with the opinion of this tanna, as it is taught in a baraita that Rabbi Eliezer says: With regard to first fruits, some of which are outside and some of which are inside the Temple, the halakhic status of those that are outside the Temple is like that of non-sacred produce for all matters concerning them, and the halakhic status of those that are inside the Temple is like that of consecrated produce for all matters concerning them.

אָמַר רַב שֵׁשֶׁת: בִּכּוּרִים, הַנָּחָה – מְעַכֶּבֶת בָּהֶן, קְרִיָּיה – אֵין מְעַכֶּבֶת בָּהֶן.

§ Rav Sheshet says: With regard to first fruits, the lack of placement alongside the altar invalidates them; while the lack of recitation of the accompanying Torah verses does not invalidate them.

כְּמַאן – כִּי הַאי תַּנָּא, דְּתַנְיָא: רַבִּי יוֹסֵי אוֹמֵר שְׁלֹשָׁה דְּבָרִים מִשּׁוּם שְׁלֹשָׁה זְקֵנִים, רַבִּי יִשְׁמָעֵאל אוֹמֵר: יָכוֹל יַעֲלֶה אָדָם מַעֲשֵׂר שֵׁנִי בִּזְמַן הַזֶּה בִּירוּשָׁלַיִם, וְיֹאכְלֶנּוּ? וְדִין הוּא: בְּכוֹר טָעוּן הֲבָאַת מָקוֹם, וּמַעֲשֵׂר שֵׁנִי טָעוּן הֲבָאַת מָקוֹם, מָה בְּכוֹר אֵינוֹ אֶלָּא בִּפְנֵי הַבַּיִת – אַף מַעֲשֵׂר אֵינוֹ אֶלָּא בִּפְנֵי הַבַּיִת.

The Gemara notes: In accordance with whose opinion is this halakha stated? It is in accordance with the opinion of this tanna, Rabbi Yishmael, as it is taught in a baraita that Rabbi Yosei says three statements in the name of three elders, and one of those statements is that which Rabbi Yishmael says: One might have thought that a person would bring second-tithe produce up to Jerusalem in the present, after the destruction of the Temple, and eat it. And ostensibly, it could be derived by means of a logical inference that one may not do so: A firstborn offering requires bringing it to the place, to Jerusalem, and eating it there, and second-tithe produce requires bringing it to the place; just as the firstborn offering may be eaten there only in the presence of the Temple, so too, second-tithe produce may be eaten there only in the presence of the Temple.

מָה לִבְכוֹר שֶׁכֵּן טָעוּן מַתַּן דָּמִים וְאֵימוּרִין לְגַבֵּי מִזְבֵּחַ! בִּכּוּרִים יוֹכִיחוּ. מָה לְבִכּוּרִים, שֶׁכֵּן טְעוּנִים הַנָּחָה!

Rabbi Yishmael continues and counters: What is notable about a firstborn? Bringing the firstborn to Jerusalem is required only in the presence of the Temple, because it is notable in that it requires placement of its blood and its sacrificial portions upon the altar; will you say the same with regard to second-tithe produce, which requires only that it be consumed in Jerusalem? He then suggests: First fruits will prove that placement of blood upon the altar is not a factor, as they do not require placement of blood upon the altar, and yet they are brought to Jerusalem only in the presence of the Temple. Rabbi Yishmael counters: What is notable about first fruits? They are notable in that they require placement alongside the altar. Perhaps, since second-tithe produce does not require placement at all, even in the present one must bring it to Jerusalem and eat it there.

תַּלְמוּד לוֹמַר: ״וְאָכַלְתָּ [שָּׁם] לִפְנֵי ה׳ אֱלֹהֶיךָ וְגוֹ׳״ – מַקִּישׁ מַעֲשֵׂר לִבְכוֹר, מָה בְּכוֹר אֵינוֹ אֶלָּא לִפְנֵי הַבַּיִת – אַף מַעֲשֵׂר אֵינוֹ אֶלָּא לִפְנֵי הַבַּיִת. וְאִם אִיתָא, לִיפְרוֹךְ: מָה לְבִכּוּרִים – שֶׁכֵּן טְעוּנִין קְרִיָּיה וְהַנָּחָה!

Rabbi Yishmael concludes: Therefore, the verse states: “And you shall eat before the Lord your God…the tithe of your grain…and the firstborn of your herd and your flock” (Deuteronomy 14:23); the Torah juxtaposes second-tithe produce to the firstborn. Just as the firstborn may be eaten there only in the presence of the Temple, so too, second-tithe produce may be eaten there only in the presence of the Temple. The Gemara explains: the proof of Rav Sheshet’s opinion from the baraita is: And if it is so that the lack of recitation of the Torah verses invalidates the ritual of first fruits, let the baraita refute the derivation by saying: What is notable about first fruits? They are notable in that they require recitation of the Torah verses and placement alongside the altar.

אָמַר רַב אָשֵׁי: נְהִי דְּעִיכּוּבָא לֵיכָּא, מִצְוָה מִי לֵיכָּא? וְלֵימָא מִצְוָה וְלִיפְרוֹךְ! אֶלָּא אָמַר רַב אָשֵׁי: כֵּיוָן דְּאִיכָּא בִּכּוּרֵי הַגֵּר, דְּבָעֵי לְמֵימַר אֲשֶׁר נִשְׁבַּע [ה׳] לַאֲבֹתֵינוּ״, וְלָא מָצֵי אָמַר – לָא פְּסִיקָא לֵיהּ.

Rav Ashi said: There is no proof from the fact that recitation is not mentioned. Although the lack of recitation does not invalidate the first fruits, is there no mitzva? Everyone agrees that there is a mitzva to recite the Torah verses. And therefore let the tanna say that there is a mitzva to recite the portion; and refute the proof from first fruits in that manner, as in the case of second tithe there is no mitzva to recite Torah verses. Rather, Rav Ashi said that there is a different reason that recitation was omitted from the refutation: It is that there is the case of the first fruits of a convert, who needs to recite: “I have come to the land that the Lord swore unto our fathers” (Deuteronomy 26:3), and since he cannot say it, as the Lord did not swear to give the land to the ancestors of the convert, he brings the first fruits but does not read the portion. Therefore, the obligation to recite the Torah verses is not clear-cut for the tanna and he did not mention it.

וְלִיהְדַּר דִּינָא וְתֵיתֵי בַּ״מָּה הַצַּד״! מִשּׁוּם דְּאִיכָּא לְמִיפְרַךְ: מָה לְהַצַּד הַשָּׁוֶה שֶׁבָּהֶן, שֶׁכֵּן יֵשׁ בָּהֶן צַד מִזְבֵּחַ.

The Gemara asks: Why was it necessary for the tanna to derive that second-tithe produce is not brought to Jerusalem at present from the juxtaposition in the verse? And let the derivation revert to its starting point, and derive the halakha through an analogy derived from the common factor of first fruits and the firstborn. Each of the sources neutralizes the significance of the notable factor in the other, leaving the common factor: One must bring them to Jerusalem. From there it may be derived that second-tithe produce, which one must also bring to Jerusalem, need not be brought there when the Temple is not standing. The Gemara answers: The juxtaposition is necessary due to the fact that this analogy can be refuted: What is notable about the common factor that is true of both first fruits and the firstborn? It is notable in that they have an aspect involving the altar, which is not so in the case of second tithe.

וּמַאי קָסָבַר? אִי קָסָבַר קְדוּשָּׁה רִאשׁוֹנָה קִדְּשָׁה לִשְׁעָתָהּ וְקִדְּשָׁה לֶעָתִיד לָבֹא – בְּכוֹר נָמֵי, אִי קָסָבַר קְדוּשָּׁה רִאשׁוֹנָה קִדְּשָׁה לִשְׁעָתָהּ וְלֹא קִדְּשָׁה לֶעָתִיד לָבֹא – אֲפִילּוּ בְּכוֹר נָמֵי תִּבְּעֵי!

The Gemara asks: And what opinion does Rabbi Yishmael hold that led to his initial assumption that one is obligated to bring a firstborn animal to Jerusalem only when the Temple is standing? If he maintains in general that the initial consecration of the Temple sanctified Jerusalem for its time and sanctified Jerusalem forever, and the location of the Temple remains sacred even after the Temple was destroyed, then one should also be obligated to bring a firstborn animal to the place of the Temple and sacrifice it on an altar and eat it. If he maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever, then he should raise a dilemma even with regard to a firstborn, whether it may be eaten in Jerusalem.

אָמַר רָבִינָא: לְעוֹלָם קָסָבַר קִדְּשָׁה לִשְׁעָתָהּ וְלֹא קִדְּשָׁה לֶעָתִיד לָבֹא, וְהָכָא בִּבְכוֹר שֶׁנִּזְרַק דָּמוֹ קוֹדֶם חוּרְבַּן הַבַּיִת, וְחָרַב הַבַּיִת וַעֲדַיִין בְּשָׂרוֹ קַיָּים. וּמַקְּשִׁינַן בְּשָׂרוֹ לְדָמוֹ, מָה דָּמוֹ בַּמִּזְבֵּחַ – אַף בְּשָׂרוֹ בַּמִּזְבֵּחַ. וּמַקִּישׁ מַעֲשֵׂר לִבְכוֹר.

Ravina said: Actually, Rabbi Yishmael maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever; and why is it obvious to him that the firstborn is not eaten? It is because here, he is stating the halakha with regard to the case of a firstborn whose blood was sprinkled before the destruction of the Temple, and the Temple was then destroyed, and its flesh is still intact. And based on a juxtaposition: “You shall sprinkle their blood upon the altar…and their flesh shall be for you” (Numbers 18:17–18), we compare the status of its flesh to the status of its blood; just as its blood must be sprinkled at a time when the altar is standing, so too its flesh may be eaten only at a time when the altar is standing. And he compares the status of second-tithe produce to the status of a firstborn offering, and derives that one may partake of second-tithe produce in Jerusalem only when the Temple is standing.

וְכִי דָּבָר הַלָּמֵד בְּהֶקֵּשׁ חוֹזֵר וּמְלַמֵּד בְּהֶקֵּשׁ? מַעְשַׂר דָּגָן חוּלִּין הוּא.

The Gemara asks: And does a matter derived via juxtaposition then teach another matter via juxtaposition? The principle with regard to the halakhot of consecrated matters is that a halakha derived via one of the hermeneutical principles cannot serve as the basis for derivation of another halakha; each halakha requires its own source. The Gemara answers: Second tithe of grain is non-sacred produce, and halakhot of non-sacred matters derived via hermeneutical principles may serve as the basis for deriving other halakhot using hermeneutical principles.

הָנִיחָא לְמַאן דְּאָמַר בָּתַר לָמֵד אָזְלִינַן, אֶלָּא לְמַאן דְּאָמַר בָּתַר מְלַמֵּד אָזְלִינַן, מַאי אִיכָּא לְמֵימַר?

The Gemara asks: This works out well according to the one who says: In determining whether a derivation involves consecrated matters or whether it involves non-sacred matters, we follow the matter that is derived from a matter derived from juxtaposition. Since in this case the matter derived is second-tithe produce, which for these purposes is non-sacred, its halakhic status may be derived from juxtaposition with the halakhot of sacrificial matters. But according to the one who says: We follow the matter that teaches, i.e., from which the halakha is derived, what is there to say? The status of second-tithe produce may not be derived by means of juxtaposition from the status of the firstborn offering, which itself was derived from the blood of the offering, because the firstborn offering is a sacrificial matter.

דָּם וּבָשָׂר חֲדָא מִילְּתָא הִיא.

The Gemara answers: This is not a matter derived from a matter derived from a juxtaposition, as the status of the firstborn offering is not derived from the status of blood; blood and flesh are one matter. There is only one derivation in this case, which is that the status of second-tithe produce is derived from the status of the blood and the flesh of the firstborn.

קׇדְשֵׁי קֳדָשִׁים וְכוּ׳. תְּנֵינָא חֲדָא זִימְנָא: מַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ! אָמַר רַבִּי יוֹסֵי בַּר חֲנִינָא: סֵיפָא בְּמַעֲשֵׂר שֵׁנִי טָהוֹר וְגַבְרָא טָהוֹר, דְּקָא אָכֵיל חוּץ לַחוֹמָה. רֵישָׁא בְּמַעֲשֵׂר שֵׁנִי טָמֵא וְגַבְרָא טָמֵא, וְקָא אָכֵיל לֵיהּ בִּירוּשָׁלַיִם.

§ The mishna teaches that one who ate offerings of the most sacred order outside the Temple courtyard and one who ate second-tithe produce outside the wall of Jerusalem is flogged with forty lashes. The Gemara asks: Didn’t we already learn this one time in the previous mishna (13a), that one who ate second-tithe produce or sacrificial food that was not redeemed is flogged? Why does the tanna repeat the halakha of second-tithe produce in this mishna? Rabbi Yosei bar Ḥanina said: These are different cases; the latter clause, this mishna, is in the case of ritually pure second-tithe produce and a ritually pure person who eats it outside the wall of Jerusalem. The first clause, the previous mishna, is in the case of ritually impure second-tithe produce and a ritually impure person who eats it within Jerusalem.

וּמְנָלַן דְּמִחַיַּיב עֲלֵיהּ מִשּׁוּם טוּמְאָה? דְּתַנְיָא, רַבִּי שִׁמְעוֹן אוֹמֵר: ״לֹא בִּעַרְתִּי מִמֶּנּוּ בְּטָמֵא״ – בֵּין שֶׁאֲנִי טָמֵא וְהוּא טָהוֹר, בֵּין שֶׁאֲנִי טָהוֹר וְהוּא טָמֵא. וְהֵיכָן מוּזְהָר עַל אֲכִילָה אֵינִי יוֹדֵעַ.

The Gemara asks: And from where do we derive that one is liable to receive lashes due to impurity? It is derived as it is taught in a baraita that Rabbi Shimon says that the verse in the portion of the declaration of tithes: “I have not put any of it away when impure” (Deuteronomy 26:14), is a general formulation that is interpreted to mean: Whether I am impure and the second-tithe produce is ritually pure, or whether I am ritually pure and the second-tithe produce is impure. Rabbi Shimon adds: And I do not know where it is that one is warned, i.e., where is there a prohibition, with regard to eating. Although it is clear from the verse cited that it is prohibited for one to partake of second-tithe produce while impure, the source for this prohibition is unclear.

טוּמְאַת הַגּוּף – בְּהֶדְיָא כְּתִיב: ״נֶפֶשׁ אֲשֶׁר תִּגַּע בּוֹ וְטָמְאָה עַד הָעָרֶב וְלֹא יֹאכַל מִן הַקֳּדָשִׁים וְגוֹ׳״ אֶלָּא: טוּמְאַת עַצְמוֹ מִנַּיִן?

Before citing the source of the prohibition, the Gemara asks: With regard to one with impurity of the body who partakes of second-tithe produce, it is explicitly written: “A soul that touches it shall be impure until the evening and shall not eat of the consecrated food” (Leviticus 22:6), which the Sages interpret to include second-tithe produce. This is a prohibition with regard to a ritually impure person partaking of second-tithe produce. But when Rabbi Shimon says: I do not know where it is that one is warned with regard to eating, he is stating: With regard to the impurity of the second-tithe produce itself, from where is the warning derived?

דִּכְתִיב: ״לֹא תוּכַל לֶאֱכֹל בִּשְׁעָרֶיךָ״. וּלְהַלָּן הוּא אוֹמֵר: ״בִּשְׁעָרֶיךָ תֹּאכְלֶנּוּ הַטָּמֵא וְהַטָּהוֹר״,

The Gemara answers: It is derived as it is written with regard to second-tithe produce: “You may not eat within your gates the tithe of your grain or of your wine or of your oil” (Deuteronomy 12:17), and later, with regard to a blemished firstborn animal, the verse states: “Within your gates you may eat it, the impure and the pure may eat it alike” (Deuteronomy 15:22).

וְתַנְיָא דְּבֵי רַבִּי יִשְׁמָעֵאל: אֲפִילּוּ טָמֵא וְטָהוֹר אוֹכְלִין בִּקְעָרָה אַחַת וְאֵין חוֹשְׁשִׁין, וְקָאָמַר רַחֲמָנָא: הַאיְךְ טָמֵא דִּשְׁרַי לָךְ גַּבֵּי טָהוֹר הָתָם – הָכָא לָא תֵּיכוֹל.

And it is taught in a baraita of the school of Rabbi Yishmael: Even a ritually pure person and a ritually impure person may eat the flesh of a blemished firstborn animal in one dish and need not be concerned, as there is no prohibition for one to eat it while he is impure or while it is impure. And the Merciful One says: It is that impure flesh of the blemished firstborn that is permitted for you to eat with a ritually pure person within your gates there, whereas here, in the case of second-tithe produce in Jerusalem, you may not eat it within your gates in the manner that one eats the flesh of the firstborn.

וּמְנָא לַן דְּבַר פְּדִיָּיה הוּא?

The Gemara stated that the case of second-tithe produce that was not redeemed, cited in the previous mishna, is referring to second-tithe produce that is impure. This indicates that impure second-tithe produce can be redeemed. The Gemara asks: And from where do we derive that impure second-tithe produce is subject to redemption?

דְּאָמַר רַבִּי אֶלְעָזָר: מִנַּיִן לְמַעֲשֵׂר שֵׁנִי שֶׁנִּטְמָא שֶׁפּוֹדִין אוֹתוֹ אֲפִילּוּ בִּירוּשָׁלַיִם? תַּלְמוּד לוֹמַר: ״כִּי לֹא תוּכַל שְׂאֵתוֹ.״ – וְאֵין ״שְׂאֵת״ אֶלָּא אֲכִילָה, שֶׁנֶּאֱמַר ״וַיִּשָּׂא מַשְׂאֹת מֵאֵת פָּנָיו״.

It is as Rabbi Elazar says: From where is it derived with regard to second-tithe produce that became impure that one may redeem it even in Jerusalem? It is derived as the verse states: “Because you are unable to carry it [se’eto], as the place is too far from you…and you shall turn it into money” (Deuteronomy 14:24–25). And se’et means nothing other than eating, as it is stated: “And portions [masot] were taken to them from before him” (Genesis 43:34), referring to gifts of food. Therefore, the phrase: You are unable se’eto, means: You cannot eat it, referring to a case where it is impure. The Torah states that in that case one may redeem the produce even if it is in Jerusalem, not at a distance.

אָמַר רַב בִּיבִי אָמַר רַב אַסִּי: מִנַּיִן לְמַעֲשֵׂר שֵׁנִי טָהוֹר שֶׁפּוֹדִין אוֹתוֹ אֲפִילּוּ בִּפְסִיעָה אַחַת חוּץ לַחוֹמָה? שֶׁנֶּאֱמַר: ״כִּי לֹא תוּכַל שְׂאֵתוֹ״. הַאי מִבְּעֵי לֵיהּ לְכִדְרַבִּי אֶלְעָזָר!

The Gemara cites another, related interpretation. Rav Beivai says that Rav Asi says: From where is it derived with regard to ritually pure second-tithe produce that one may redeem it even if it is one stride outside the wall of Jerusalem, contrary to the plain understanding of the verse: “As the place is too far from you”? It is derived as it is stated: “Because you are unable to carry it [se’eto],” indicating that if there is any reason that one is unable to carry the produce and bring it into Jerusalem, he may redeem it regardless of its distance from Jerusalem. The Gemara objects: That verse is necessary to derive the halakha of Rabbi Elazar that one may redeem impure second-tithe produce even in Jerusalem.

אִם כֵּן, לֵימָא קְרָא ״לֹא תוּכַל לְאוֹכְלוֹ״, מַאי ״שְׂאֵתוֹ״? וְאֵימָא כּוּלּוֹ לְהָכִי הוּא דַּאֲתָא! אִם כֵּן, לֵימָא קְרָא ״לֹא תוּכַל לִיטְּלוֹ״, מַאי ״שְׂאֵתוֹ״? שְׁמַע מִינַּהּ תַּרְתֵּי.

The Gemara answers: If so, that the verse is required to derive only the halakha of Rabbi Elazar, then let the verse state explicitly: You are unable to eat it. What is the reason that the verse employs the term se’eto”? The Gemara objects: And say that the term comes entirely for this purpose, to teach that one may redeem the produce even if it is not far from the city, and nothing is derived with regard to impure produce. The Gemara answers: If so, let the verse state: You are unable to take it. Why does the verse employ the term se’eto”? Conclude two conclusions from it: One may redeem ritually pure second-tithe produce even if it is just outside the walls of Jerusalem, and one may redeem ritually impure second-tithe produce even in Jerusalem.

יָתֵיב רַב חֲנִינָא וְרַב הוֹשַׁעְיָא, וְקָא מִבַּעְיָא לְהוּ: אַפִּיתְחָא דִּירוּשָׁלַיִם, מַהוּ? פְּשִׁיטָא, הוּא בַּחוּץ וּמַשָּׂאוֹ בִּפְנִים – קְלָטוּהוּ מְחִיצוֹת, הוּא בִּפְנִים וּמַשָּׂאוֹ בַּחוּץ, מַהוּ?

In connection to the discussion of where one may redeem second-tithe produce, the Gemara relates: Rav Ḥanina and Rav Hoshaya sat, and a dilemma was raised before them: If the second-tithe produce is at the entrance of Jerusalem, what is the halakha; can one redeem it there? The Gemara elaborates: It is obvious in a case where one is outside Jerusalem and his burden of second-tithe produce is inside Jerusalem; the tithe is admitted by the walls of Jerusalem and its status is that of produce that entered the city. But in a case where one is inside Jerusalem and his burden of second-tithe produce is outside Jerusalem, what is the halakha?

תְּנָא לְהוּ הָהוּא סָבָא בִּדְבֵי רַבִּי שִׁמְעוֹן בֶּן יוֹחַי: ״כִּי יִרְחַק מִמְּךָ הַמָּקוֹם״ – מִמִּילּוּאֲךָ.

A certain elder taught them a baraita of the school of Rabbi Shimon ben Yoḥai. It is written: “As the place is too far from you [mimmekha]” (Deuteronomy 14:24); and the term “mimmekha” is interpreted as: From your fullness [mimmilluakha], indicating the person and all his appurtenances, including the burden he bears. If any part of him or his appurtenances is inside the city, it is as though he is entirely inside the city, and therefore he may not redeem the second-tithe produce.

בָּעֵי רַב פָּפָּא: נָקֵיט לֵיהּ בְּקַנְיָא, מַאי? תֵּיקוּ.

Rav Pappa raises a related dilemma: If one is holding the second-tithe produce on a reed, and it is suspended behind him, what is the halakha? Since he is carrying the burden, does it fall into the category of his fullness, and it is no different from a burden that he bears on his person, or does its status differ because it is not actually resting on his body? The Gemara concludes: The dilemma shall stand unresolved.

אָמַר רַבִּי אַסִּי אָמַר רַבִּי יוֹחָנָן: מַעֲשֵׂר שֵׁנִי מֵאֵימָתַי חַיָּיבִין עָלָיו – מִשֶּׁרָאָה פְּנֵי הַחוֹמָה. מַאי טַעְמָא? דְּאָמַר קְרָא ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ (שָׁנָה בְשָׁנָה)״, וּכְתִיב ״(כִּי) לֹא תוּכַל לֶאֱכֹל בִּשְׁעָרֶיךָ״, כֹּל הֵיכָא דְּקָרֵינַן בֵּיהּ ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ״ – קָרֵינַן בֵּיהּ ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״. וְכֹל הֵיכָא דְּלָא קָרֵינַן בֵּיהּ ״לִפְנֵי ה׳ אֱלֹהֶיךָ תֹאכְלֶנּוּ״ – לָא קָרֵינַן בֵּיהּ ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״.

§ Rabbi Asi says that Rabbi Yoḥanan says: With regard to second-tithe produce, from when is one liable to receive lashes for eating it outside the walls of Jerusalem? It is from when the produce entered within the wall of Jerusalem. What is the reason for this? It is derived as the verse states with regard to second-tithe produce: “Before the Lord your God you shall eat it” (Deuteronomy 12:18), and it is written in the previous verse: “You may not eat within your gates” (Deuteronomy 12:17), from which it is derived: Anywhere that we read concerning it: “Before the Lord your God you shall eat it,” we read concerning it the prohibition: “You may not eat within your gates,” i.e., it may not be eaten outside the walls of Jerusalem; and anywhere that we do not read concerning it: “Before the Lord your God you shall eat it,” as the produce remained outside the walls, we do not read concerning it the prohibition: “You may not eat within your gates.”

מֵיתִיבִי, רַבִּי יוֹסֵי אוֹמֵר: כֹּהֵן שֶׁעָלְתָה בְּיָדוֹ תְּאֵנָה שֶׁל טֶבֶל, אָמַר: תְּאֵנָה זוֹ, תְּרוּמָתָהּ בְּעוּקְצָהּ, מַעֲשֵׂר רִאשׁוֹן בִּצְפוֹנָהּ, וּמַעֲשֵׂר שֵׁנִי לִדְרוֹמָהּ. וְהִיא שְׁנַת מַעֲשֵׂר שֵׁנִי וְהוּא בִּירוּשָׁלַיִם, אוֹ מַעְשַׂר עָנִי וְהוּא בִּגְבוּלִין, אֲכָלָהּ –

The Gemara raises an objection from that which Rabbi Yosei says: With regard to a priest that a fig of untithed produce came into his possession, and he seeks to separate terumot and tithes from it, he says: This fig, I designate its teruma at its stem, I designate its first tithe at its north side, and I designate its second tithe at its south side; and it is a year when second tithe is separated, i.e., the first, second, fourth, or fifth years of the Sabbatical Year cycle, and he is in Jerusalem, when he recites this formula. Or he says that poor man’s tithe shall be designated at its south side if it is a year of poor man’s tithe, i.e., the third or sixth years of the Sabbatical Year cycle, and he is located anywhere in the outlying areas, not in Jerusalem. In those cases, if he ate the fig,

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete