Talmud for Maaser Sheni 3:11
צְבִי שֶׁלְּקָחוֹ בְּכֶסֶף מַעֲשֵׂר, וָמֵת, יִקָּבֵר עַל יְדֵי עוֹרוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, יִפָּדֶה. לְקָחוֹ חַי וּשְׁחָטוֹ וְנִטְמָא, יִפָּדֶה. רַבִּי יוֹסֵי אוֹמֵר, יִקָּבֵר. לְקָחוֹ שָׁחוּט וְנִטְמָא, הֲרֵי הוּא כְפֵרוֹת:
A deer that was bought with <i>Ma'aser</i> [<i>Sheni</i>] money and dies, must be buried along with its skin. Rabbi Shimon says, he must redeem it. If it was bought live and then slaughtered and then became impure, he must redeem it. Rabbi Yose says, he must bury it. If it was bought slaughtered and then became impure, it [the deer] is like fruit [that became impure].
Jerusalem Talmud Maaser Sheni
MISHNAH: If what was bought with tithe money became impure, it should be redeemed. Rebbi Jehudah says, it should be buried115It is holy but cannot be eaten. It cannot be left to rot since one might eat from it inadvertently. This Mishnah is quoted in Babli Pesaḥim 38a, Sanhedrin 113a, Baba Meẓiʻa 53b, Zebaḥim 49b.. They said to Rebbi Jehudah, if original Second Tithe which became impure is redeemed, what was bought with tithe money and became impure certainly should be redeemed. He said to them, no! If you said about original Second Tithe, which can be redeemed when it is pure and far from the Place, can you say the same about what was bought with tithe money which cannot be redeemed when it is pure and far from the Place?
If a deer bought with tithe money died, it should be buried in its hide. Rebbi Simeon says, it should be redeemed116This is explained in the Halakhah.. If he bought it alive and slaughtered it, if it became impure it should be redeemed117For the anonymous Tanna and R. Jehudah, it is like any other food that became impure. R. Yose extends the rules of the preceding case to this one, since a deer never can be a sacrifice.. Rebbi Yose said, it should be buried. If he bought it slaughtered118This use is fully approved by the biblical verse. and it became impure, he treats it following the rules of produce.
If somebody lends flasks131The mss. of the Maimonides tradition have more accurately קנקניו “his own flasks”; the vintner gives one of his flasks to put in tithe wine since the wine has to be in some vessel. Before filling the wine into the flasks, he specified that the flasks were a loan to the tithe. Therefore, he does not have to redeem them, i. e., to buy food in the value of the flasks to eat in the holiness of tithe. for Second Tithe, even if he closed the top with clay132A semi-permanent seal; in this case it is needed to transport the wine to Jerusalem. Flasks were usually sealed in this way only for sale and transport., tithe did not acquire it. If he filled them without saying anything133He did not specify that the flask would be filled with tithe wine., before he closed the top with clay134He declared the wine to be Second Tithe. But since the flask was sealed, if he makes no special declaration, he sanctifies the flask with its contents., tithe did not acquire it; after he closed the top with clay, tithe acquired it. Before he closed the top with clay, one may lift by 101135If heave accidentally fell into one of the flasks and it is not known where it fell, if the profane is more that 101 times the heave, the latter can be lifted following the rules of heave., after he closed the top with clay any one sanctifies136Since sealed flasks usually are prepared for sale, they fall under the rules of items sold singly which never can become insignificant and even one sanctified among 1000 profane makes all sanctified; cf. Mishnah Orlah 3:7.. Before he closed the top with clay, he gives heave from one for all, after he closed the top with clay he has to give heave from each single one.
140This Mishnah is a continuation of the previous one. If somebody sealed the mouths of his pitchers with clay, how can he undo what he did? The House of Shammai say, he opens and pours into a vat, but the House of Hillel say, he opens and does not have to pour. Where has this been said? At a place where usually one sells sealed, but at a place where usually one sells open, the flask did not become profane141In this case, he opened the flask for redemption because everybody does it for sale; this has no influence on the status of holiness of either the flask or its contents.. However, if he is meticulous to sell by volume142Even if he sells whole barrels he will measure exactly the amount it contains and does not use an approximate formula. In that case, no vessel is ever part of a sale unless paid for separately; also for his redemption of tithes the vessel will never be counted., the flask did become profane. Rebbi Simeon said143The statement of R. Simeon refers to Mishnah 1:3, that if wine usually is sold in sealed amphoras, the amphora is profane even though paid for with tithe money. R. Simeon adds that even if wine is sold in open amphoras, a stipulation may make the amphora profane. The Tosephta (2:18) shows that R. Simeon reduces the disagreement between the Houses of Hillel and Shammai to the case when all flasks are still in the wine cellar near the vat from which they were filled., also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.
If a deer bought with tithe money died, it should be buried in its hide. Rebbi Simeon says, it should be redeemed116This is explained in the Halakhah.. If he bought it alive and slaughtered it, if it became impure it should be redeemed117For the anonymous Tanna and R. Jehudah, it is like any other food that became impure. R. Yose extends the rules of the preceding case to this one, since a deer never can be a sacrifice.. Rebbi Yose said, it should be buried. If he bought it slaughtered118This use is fully approved by the biblical verse. and it became impure, he treats it following the rules of produce.
If somebody lends flasks131The mss. of the Maimonides tradition have more accurately קנקניו “his own flasks”; the vintner gives one of his flasks to put in tithe wine since the wine has to be in some vessel. Before filling the wine into the flasks, he specified that the flasks were a loan to the tithe. Therefore, he does not have to redeem them, i. e., to buy food in the value of the flasks to eat in the holiness of tithe. for Second Tithe, even if he closed the top with clay132A semi-permanent seal; in this case it is needed to transport the wine to Jerusalem. Flasks were usually sealed in this way only for sale and transport., tithe did not acquire it. If he filled them without saying anything133He did not specify that the flask would be filled with tithe wine., before he closed the top with clay134He declared the wine to be Second Tithe. But since the flask was sealed, if he makes no special declaration, he sanctifies the flask with its contents., tithe did not acquire it; after he closed the top with clay, tithe acquired it. Before he closed the top with clay, one may lift by 101135If heave accidentally fell into one of the flasks and it is not known where it fell, if the profane is more that 101 times the heave, the latter can be lifted following the rules of heave., after he closed the top with clay any one sanctifies136Since sealed flasks usually are prepared for sale, they fall under the rules of items sold singly which never can become insignificant and even one sanctified among 1000 profane makes all sanctified; cf. Mishnah Orlah 3:7.. Before he closed the top with clay, he gives heave from one for all, after he closed the top with clay he has to give heave from each single one.
140This Mishnah is a continuation of the previous one. If somebody sealed the mouths of his pitchers with clay, how can he undo what he did? The House of Shammai say, he opens and pours into a vat, but the House of Hillel say, he opens and does not have to pour. Where has this been said? At a place where usually one sells sealed, but at a place where usually one sells open, the flask did not become profane141In this case, he opened the flask for redemption because everybody does it for sale; this has no influence on the status of holiness of either the flask or its contents.. However, if he is meticulous to sell by volume142Even if he sells whole barrels he will measure exactly the amount it contains and does not use an approximate formula. In that case, no vessel is ever part of a sale unless paid for separately; also for his redemption of tithes the vessel will never be counted., the flask did become profane. Rebbi Simeon said143The statement of R. Simeon refers to Mishnah 1:3, that if wine usually is sold in sealed amphoras, the amphora is profane even though paid for with tithe money. R. Simeon adds that even if wine is sold in open amphoras, a stipulation may make the amphora profane. The Tosephta (2:18) shows that R. Simeon reduces the disagreement between the Houses of Hillel and Shammai to the case when all flasks are still in the wine cellar near the vat from which they were filled., also if somebody says to another person, I am selling to you this amphora except its flask, the flask became profane.
Ask RabbiBookmarkShareCopy