Commentaire sur Ma'aser Sheni 1:2
מַעְשַׂר בְּהֵמָה, אֵין מוֹכְרִין אוֹתוֹ תָּמִים חַי, וְלֹא בַעַל מוּם חַי וְשָׁחוּט, וְאֵין מְקַדְּשִׁין בּוֹ הָאִשָּׁה. הַבְּכוֹר מוֹכְרִין אוֹתוֹ תָּמִים חַי, וּבַעַל מוּם חַי וְשָׁחוּט, וּמְקַדְּשִׁין בּוֹ הָאִשָּׁה. אֵין מְחַלְּלִין מַעֲשֵׂר שֵׁנִי עַל אֲסִימוֹן, וְלֹא עַל הַמַּטְבֵּעַ שֶׁאֵינוֹ יוֹצֵא, וְלֹא עַל הַמָּעוֹת שֶׁאֵינָן בִּרְשׁוּתוֹ:
La dîme animale: ne peut être vendue sans tache et vivante, ni tachetée et vivante ou abattue, et ne peut être utilisée pour fiancer une femme. Un animal premier-né: peut être vendu sans tache et vivant, taché et vivant ou abattu, et peut être utilisé pour fiancer une femme. On ne peut pas racheter Ma'aser Sheni [en échangeant sa valeur] avec une pièce vierge, ni avec une pièce qui n'a pas de cours légal, ni avec de l'argent qui n'est pas en sa possession.
Bartenura on Mishnah Maaser Sheni
אין מוכרין אותו – for we derive [through an analogy made – actually היקש – from two verses in close proximity one to the other] גאולה גאולה – derived from חרמים /property set apart for the priest’s or Temple use. It is stated concerning tithes (Leviticus 27:33): “it cannot be redeemed/לא יגאל ,” and it is stated concerning property set apart for the priest’s or Temple use (Leviticus 27:28): “[But of all that anyone owns, be it man or beast or land of his holding, nothing that he has proscribed for the LORD may be sold or proscribed; "לא ימכר ולא יגאל"[every proscribed thing is totally consecrated to the LORD].” Just as there (in the section concerning tithes) it states that the sale is with him, so too here in the case of proscribed property, the sale is with him.
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English Explanation of Mishnah Maaser Sheni
Introduction
Since yesterday’s mishnah taught that one cannot sell maaser sheni, today’s mishnah compares and contrasts this rule with rules governing cattle tithes, and first-born animals.
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Bartenura on Mishnah Maaser Sheni
תמים חי – And the same law applies regarding that which is slaughtered, as it says, “nothing…may be…proscribed” and is not sold (see Leviticus 27:28 above), whether living nor slaughtered nor unblemished nor blemished, but an unblemished animal, its fat and its blood are offered on the altar and its meat is eaten by its owners in Jerusalem. But a blemished animal – its owners eat it in every place [other than Jerusalem]. And since the Mishnah needed to teach at the end regarding a first-born animal that we sell it unblemished [and] alive, the Mishnah also teaches at the beginning of an unblemished living [animal] that is alive.
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English Explanation of Mishnah Maaser Sheni
Tithe of cattle: one may not sell it when it is unblemished and alive, and when it is blemished [one may not sell it] neither alive nor slaughtered, nor may one betroth a woman with it. The tenth of every domesticated animal born into one’s flock must be tithed. The animal’s fat and blood are offered on the altar and its meat can be eaten by the owners (or anyone else) in Jerusalem (see Leviticus 27:32-33). When it is blemished it can be eaten anywhere by anybody and none of it is offered on the altar. With regard to the cattle tithe the Torah specifically states, “It shall not be redeemed” (Leviticus 27:28). The rabbis understood this to mean that it also cannot be sold. While the mishnah says that this is prohibited when the animal is alive, the Talmud understands that it is also prohibited when it has been slaughtered, and it does not matter whether it is unblemished or blemished. It cannot be treated as money and therefore, after having been slaughtered, it cannot be used as betrothal money in betrothing a woman.
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Bartenura on Mishnah Maaser Sheni
ואין מקדשין בו את האשה – for it is like a sale
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English Explanation of Mishnah Maaser Sheni
A first-born animal: one may sell it when it is unblemished and alive, and when blemished [one may sell it] both alive and slaughtered, and one may betroth a wife with it. Similar to the cattle tithe, the fat and blood of the first born animal must be offered on the altar. The meat belongs to the priests and when it is unblemished only priests may eat it. When it is blemished, anyone can eat it, and therefore, the priest may sell it or its meat to a non-priest and anyone can use it to betroth a woman. When it is unblemished the priests may sell it as long as it is still alive. However, after it has been slaughtered it may not be sold because this is considered disgracing a sacrifice.
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Bartenura on Mishnah Maaser Sheni
הבכור מוכרים אותו תמים חי – because concerning a first-born, it is written (Numbers 18:17): “[But the firstlings of cattle, sheep, or goats] may not be redeemed; [they are consecrated. You shall dash their blood against the altar, and turn their fat into smoke as a gift for a pleasing owner to the LORD],” but they can be sold.
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English Explanation of Mishnah Maaser Sheni
One may not redeem second tithe with unstamped coins, nor with coins which are not current, nor for money which is not in one's possession. Maaser sheni must be redeemed for usable coins. This would exclude unstamped coins, whose value is equivalent only to the value of the metal, non-current coins, stamped by governments that no longer rule, and coins to which a person does not have access. The coin must be stamped, usable and accessible in order to use it to redeem maaser sheni.
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Bartenura on Mishnah Maaser Sheni
ומקדשין בו את האשה – since it is the money of the Kohen, and it is permissible to sell it.
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Bartenura on Mishnah Maaser Sheni
אסימון – a coin that lacks a shape/form on it, and we do not redeem Second Tithe with it, as it is written (Deuteronomy 14:25): “[you may convert it into money.] Wrap up the money (in your hand) [and take it with you to the place that the LORD your God has chosen],” money that has upon it a shape/form.
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Bartenura on Mishnah Maaser Sheni
ולא על המטבע שאינו יוצא – as it is written (Deuteronomy 14:26): “and spend the money on anything you want [ - cattle, sheep, wine, or any other intoxicant, or anything you may desire…,” except for money that is not current use, for he is not able to purchase with it anything that he wants.
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Bartenura on Mishnah Maaser Sheni
ולא על המעות שאינן ברשותו – such as the case where his purse fell into the Great Sea (i.e., Mediterranean Sea), he is not able to redeem [his] Second Tithe with the monies that are within it, for he must hire someone who sails over the sea to remove it.
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