Talmud for Maaser Sheni 5:13

MISHNAH: In the afternoon of the holiday¹³³This is the text in the Mishnah mss. of the Yerushalmi and Maimonides traditions, unspecified between first and last days of Passover. However, the Halakhah seems to presume a reading of “last day”. they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it.
(Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning¹³⁴Cf. Demay Chapter 1, Note 70. he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House¹³⁵A standard name for the Temple.. “I did all You commanded me,” I enjoyed and gave joy to others with it¹³⁶Fulfilling part of the commandment (Deut. 16:14) “enjoy your holiday” with festive meals..
(Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided¹⁴⁹This use of גזר is in the sense of Biblical Hebrew “to cut” in the meaning of גזר דין = פסק דין “(judicial) decision”; not the rabbinical גדר = גור; cf. Demay 1:2, Note 89. for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits¹⁵⁰The verse is the continuation of the declaration. The commentary is a paraphrase of Deut. 28:4..
Because of this¹⁶⁸The statement “the land You gave us” in the declaration., they said that Israel persons and Mamzerim¹⁶⁹Children born from adultery or incest who are forbidden to marry regular Israelites (Deut. 23:3). Since the disability is hereditary, R. Ṭarphon in Mishnah Qiddušin 3:14 counsels male bastards to live with a non-manumitted slave girl and at the birth of a child (which is his biologically but not legally) manumit the child which by this act automatically becomes a full Jew free of his father’s disability. Today he would have to marry a non-Jewish woman and convert the child at birth. may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings¹⁷⁰This was discussed in the preceding paragraph.. ¹⁷¹From here it is also Mishnah Soṭah 9:10. The historical identity of this High Priest cannot be determined. {Cf. Eliahu Katz, “Who was Joḥanan the High Priest?” Šanah bešanah 1979, pp. 368–373 (Hebrew).} In the Babli (Yoma9a) it is reported that he acted as High Priest for 80 years; an assertion of doubtful accuracy like most historical stories in the Babli. According to a possible interpretation of Tosephta Soṭah 13:6, he was the Hasmonean Joḥanan Hyrkanos; cf. Notes 188,189. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters¹⁷²This will be discussed in the Halakhah.. Up to his days the hammer was hitting in Jerusalem¹⁷³This is explained only in the Babli, Makkot 11b and Soṭah 48a and Tosephta Soṭah 13:10. On the intermediate days of the holiday week urgent work may be done. But since metal work is very noisy, and Jerusalem was full of holiday pilgrims at these times, he decreed that, in Jerusalem only, noisy work should not be performed. and in his days nobody had to ask about demay.