תלמוד על מעשר שני 4:17

MISHNAH: If somebody transports Second Tithe produce from a place of high prices to one of low prices¹. For some reason, Maimonides translates “from a clean to a dirty place”, implying that dirty places have cheap prices, clean places high prices. or vice versa, he redeems at the level of his place²At the place where the redemption is actually taking place, outside Jerusalem.. If he brings produce from the threshing floor to town or from the wine-press to town, the excess value³The difference between produce, etc., in town and out in the fields is added to Second Tithe money but the cost of transportation from the field to town is on him and cannot be deducted from tithe money. belongs to the Second but the expense is on him.
One redeems Second Tithe following the low rate at which the grocer buys³⁹At wholesale., not at which he sells; the one at which the banker gives small coins, not at which he assembles large coins⁴⁰The banker engaged in exchange operations makes money on the spread between buying and selling rates. For redeeming tithe one values bronze coins as if one were a banker selling copper coins against silver.. One does not redeem Second Tithe en bloc⁴¹Cf. Demay Chapter 2, Note 198.; if the price is known it is redeemed by the information of one person, if the price is not known by the information of three, as e. g., wine getting sour, fruit rotting, or coins rusting.

MISHNAH: If somebody transports Second Tithe produce from a place of high prices to one of low prices¹. For some reason, Maimonides translates “from a clean to a dirty place”, implying that dirty places have cheap prices, clean places high prices. or vice versa, he redeems at the level of his place²At the place where the redemption is actually taking place, outside Jerusalem.. If he brings produce from the threshing floor to town or from the wine-press to town, the excess value³The difference between produce, etc., in town and out in the fields is added to Second Tithe money but the cost of transportation from the field to town is on him and cannot be deducted from tithe money. belongs to the Second but the expense is on him.
One redeems Second Tithe following the low rate at which the grocer buys³⁹At wholesale., not at which he sells; the one at which the banker gives small coins, not at which he assembles large coins⁴⁰The banker engaged in exchange operations makes money on the spread between buying and selling rates. For redeeming tithe one values bronze coins as if one were a banker selling copper coins against silver.. One does not redeem Second Tithe en bloc⁴¹Cf. Demay Chapter 2, Note 198.; if the price is known it is redeemed by the information of one person, if the price is not known by the information of three, as e. g., wine getting sour, fruit rotting, or coins rusting.

What is a stipulation by the Court? That one should fix the First Tithe to the North, Second Tithe to the South, and the heave of the tithe at the extreme North⁴⁴That one always should proceed in the same way any time one has produce to put in order as a matter of discipline lest one forget a step. For anybody following these rules, the first stipulation applies and good faith estimates are as valid as exact measurements. Consequently, if one does not follow this particular way of doing things, even the first stipulation is not valid.. What is a stipulation by the Court? It is that if the Second Tithe is redeemed, that which is in excess is also redeemed⁴⁵The possibility of estimating is given not only for First, but also for Second Tithe.. All this refers to dry produce; for fluids⁴⁶The method of Mishnah and Tosephta is not applicable to those fluids, wine and olive oil, which have to be tithed as Biblical commandment since these fluids will not remain static. The question is not answered; it seems that wine and olive oil must be tithed separately, the slow way.?

MISHNAH: One may circumvent about Second Tithe⁷⁴Circumvent the payment of the fifth.. How is this? A person may say to his neighbor, his adult son or daughter, his Hebrew male or female slave⁷⁵This rule is purely theoretical since the institution of Hebrew slavery was intrinsically bound to the land distribution by Joshua and automatically disappeared with the destruction of the first Temple, never to be re-instituted. The male Hebrew “slave” is not a slave but a servant indentured for six years (Deut. 15:18) and remains a legal person. The female Hebrew slave is necessarily a minor and supposed to be married by a member of the master’s family.: Take these coins and redeem this tithe for yourself. But he should not say so to his minor son or daughter or his Canaanite male or female slave⁷⁶They are not Canaanites but originally Gentile slaves or their offspring who became semi-Jewish by circumcision and/or immersion in water. If manumitted, they will automatically become full Jews but as slaves they have no independent legal standing. because their hand is like his hand.
If somebody was standing on the threshing floor and no coins were in his hand⁹⁸If the coins were in his hand, he could give them to another person and let him redeem the Second Tithe without paying a fifth., he says to a friend, this produce is given to you as a gift; then he goes on and says to him, it is redeemed⁹⁹Since now the produce is not his own, he does not have to pay the fifth. For what has to be formally given to the neighbor, cf. Note 54. by coins in the house.

MISHNAH: One may circumvent about Second Tithe⁷⁴Circumvent the payment of the fifth.. How is this? A person may say to his neighbor, his adult son or daughter, his Hebrew male or female slave⁷⁵This rule is purely theoretical since the institution of Hebrew slavery was intrinsically bound to the land distribution by Joshua and automatically disappeared with the destruction of the first Temple, never to be re-instituted. The male Hebrew “slave” is not a slave but a servant indentured for six years (Deut. 15:18) and remains a legal person. The female Hebrew slave is necessarily a minor and supposed to be married by a member of the master’s family.: Take these coins and redeem this tithe for yourself. But he should not say so to his minor son or daughter or his Canaanite male or female slave⁷⁶They are not Canaanites but originally Gentile slaves or their offspring who became semi-Jewish by circumcision and/or immersion in water. If manumitted, they will automatically become full Jews but as slaves they have no independent legal standing. because their hand is like his hand.
If somebody was standing on the threshing floor and no coins were in his hand⁹⁸If the coins were in his hand, he could give them to another person and let him redeem the Second Tithe without paying a fifth., he says to a friend, this produce is given to you as a gift; then he goes on and says to him, it is redeemed⁹⁹Since now the produce is not his own, he does not have to pay the fifth. For what has to be formally given to the neighbor, cf. Note 54. by coins in the house.

MISHNAH: If [somebody] took from [another] tithe in the value of a tetradrachma¹⁰⁷A takes from B Second Tithe produce with the understanding that he will pay B one tetradrachma which will become tithe money and which B will be obliged to take to Jerusalem and spend there. As far as the civil contract is concerned, the act of taking concludes the contract and the monetary obligation is fixed. But the verse Deut. 14:25 decrees that redemption of Second Tithe is the giving of money. Therefore, the redemption is carried out only at the moment of payment and an additional tetradrachma from the buyer should become tithe money for the buyer, not the seller. Then the Second Tithe becomes profane in the hand of the buyer but not before. (Explanation of כסף משנה to Maimonides, Ma‘aser Šeni8:7.) and did not pay to redeem it until it became worth two, he gives him a tetradrachma, gains a tetradrachma, and the Second Tithe is his. If [somebody] took from [another] tithe in the value of two and did not pay to redeem it until it became worth one tetradrachma, he gives him a tetradrachma of profane money and a tetradrachma of his Second Tithe [money]¹⁰⁸The situation is essentially the same as before but, since it was stated in Halakhah 3 that Second Tithe cannot be redeemed for more than its market value, only one tetradrachma can be tithe money but naturally he has to fulfill his contract and pay two tetradrachmas. Therefore, the buyer must give at least one tetradrachma of profane coin which becomes tithe money; the other coin he may pay either in profane money and it remains profane or in tithe money which remains tithe money and has to be taken to Jerusalem.. If he is a vulgar, he gives him from his demay¹⁰⁹This reading is the Maimonides tradition (the vocalization follows the Yemenite tradition) and the first explanation of R. Simson. Since tithe money may not be delivered to a vulgar, the second coin due has to be profane or from money reserved from demay tithe. The second explanation of R. Simson reads מִדָּמָיו (with the corrector of the ms.) “from his money” and requires that the vulgar be paid 100% in profane money where only one coin becomes tithe money..
If somebody redeemed Second Tithe and did not give it a name¹¹⁴He thought to redeem the tithe but did not voice his intention., Rebbi Yose says it is sufficient, Rebbi Jehudah says he has to be explicit. If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her [the valuable for] preliminary marriage and did not spell it out¹¹⁵The usual interpretation is that he gave the valuable and said, take this to be married, but not: take this to be married to me. While in general it is required that the person should be named, if it is clear from the context, one may dispense with it following R. Yose., Rebbi Yose says it is sufficient, Rebbi Jehudah says he has to be explicit.

MISHNAH: If [somebody] took from [another] tithe in the value of a tetradrachma¹⁰⁷A takes from B Second Tithe produce with the understanding that he will pay B one tetradrachma which will become tithe money and which B will be obliged to take to Jerusalem and spend there. As far as the civil contract is concerned, the act of taking concludes the contract and the monetary obligation is fixed. But the verse Deut. 14:25 decrees that redemption of Second Tithe is the giving of money. Therefore, the redemption is carried out only at the moment of payment and an additional tetradrachma from the buyer should become tithe money for the buyer, not the seller. Then the Second Tithe becomes profane in the hand of the buyer but not before. (Explanation of כסף משנה to Maimonides, Ma‘aser Šeni8:7.) and did not pay to redeem it until it became worth two, he gives him a tetradrachma, gains a tetradrachma, and the Second Tithe is his. If [somebody] took from [another] tithe in the value of two and did not pay to redeem it until it became worth one tetradrachma, he gives him a tetradrachma of profane money and a tetradrachma of his Second Tithe [money]¹⁰⁸The situation is essentially the same as before but, since it was stated in Halakhah 3 that Second Tithe cannot be redeemed for more than its market value, only one tetradrachma can be tithe money but naturally he has to fulfill his contract and pay two tetradrachmas. Therefore, the buyer must give at least one tetradrachma of profane coin which becomes tithe money; the other coin he may pay either in profane money and it remains profane or in tithe money which remains tithe money and has to be taken to Jerusalem.. If he is a vulgar, he gives him from his demay¹⁰⁹This reading is the Maimonides tradition (the vocalization follows the Yemenite tradition) and the first explanation of R. Simson. Since tithe money may not be delivered to a vulgar, the second coin due has to be profane or from money reserved from demay tithe. The second explanation of R. Simson reads מִדָּמָיו (with the corrector of the ms.) “from his money” and requires that the vulgar be paid 100% in profane money where only one coin becomes tithe money..
If somebody redeemed Second Tithe and did not give it a name¹¹⁴He thought to redeem the tithe but did not voice his intention., Rebbi Yose says it is sufficient, Rebbi Jehudah says he has to be explicit. If a man was talking with a woman about her bill of divorce or her preliminary marriage and gave her [the valuable for] preliminary marriage and did not spell it out¹¹⁵The usual interpretation is that he gave the valuable and said, take this to be married, but not: take this to be married to me. While in general it is required that the person should be named, if it is clear from the context, one may dispense with it following R. Yose., Rebbi Yose says it is sufficient, Rebbi Jehudah says he has to be explicit.

MISHNAH: All found coins¹⁴⁰The Maimonides autograph Mishnah and the Cambridge codex of the Galilean Mishnah add: “in Jerusalem”. But in Jerusalem during the holidays, all coins found are considered tithe money, and the rest of the year coins found in the animal market are presumed to be tithe money since the main use of tithe money is for well-being sacrifices; Mishnah Šeqalim7:2. Therefore, the text here is preferable and the meaning is that coins found anywhere, except in Jerusalem in the few instances enumerated in Šeqalim 7:2, are to be considered profane. are profane, even gold denars with silver or change¹⁴¹Here one could argue that silver and change are the tithe exchange for the gold coin which was the original tithe money.. If one found with them a potsherd reading “tithe”, it is tithe.
If one finds a vessel inscribed “sacrifice”, Rebbi Jehudah said, if it was pottery it is profane and its contents sacrifice¹⁴²A clay pot is too cheap to have been dedicated to the Temple. Therefore, only its contents are dedicated. The Sages do not oppose this statement., but if it was metal it is sacrifice and its contents profane¹⁴³Everybody agrees that metal vessels are valuable enough to be dedicated. Therefore, the vessel has to be considered Temple property (it cannot be a sacrifice). R, Jehudah holds that without further evidence, the contents of the vessel have to be considered profane, but the anonymous Sages hold that nobody uses a dedicated vessel to store profane material.. They said to him, people do not put profane in sacrifice [vessels].
If one finds a vessel inscribed ק it means sacrifice, מ tithe, ד demay, ט ṭevel, ת heave since in times of danger one wrote ת for heave¹⁴⁴This proves the status of anything in the vessel. Again “sacrifice” means “dedicated to the Temple”.. Rebbi Yose says, all these are people’s names¹⁴⁵Everything is profane.. Rebbi Yose said, even if he found an amphora full of produce and inscribed “heave”, these are profane since I say last year it was full of tithe produce but he emptied it.
If somebody said to his son, “Second Tithe is in that corner” but he found it in another corner, that is profane¹⁴⁶We assume the tithe was removed and what was found in another corner is other produce. Since 100 denar (a talent) are a part of 200, one assumes that 100 was taken and 100 remains. On the other hand, 100 cannot grow to 200; 100 must be new money.. “There is a talent” but he found 200, the remainder is profane. “200” and he found 100, all is tithe.

MISHNAH: All found coins¹⁴⁰The Maimonides autograph Mishnah and the Cambridge codex of the Galilean Mishnah add: “in Jerusalem”. But in Jerusalem during the holidays, all coins found are considered tithe money, and the rest of the year coins found in the animal market are presumed to be tithe money since the main use of tithe money is for well-being sacrifices; Mishnah Šeqalim7:2. Therefore, the text here is preferable and the meaning is that coins found anywhere, except in Jerusalem in the few instances enumerated in Šeqalim 7:2, are to be considered profane. are profane, even gold denars with silver or change¹⁴¹Here one could argue that silver and change are the tithe exchange for the gold coin which was the original tithe money.. If one found with them a potsherd reading “tithe”, it is tithe.
If one finds a vessel inscribed “sacrifice”, Rebbi Jehudah said, if it was pottery it is profane and its contents sacrifice¹⁴²A clay pot is too cheap to have been dedicated to the Temple. Therefore, only its contents are dedicated. The Sages do not oppose this statement., but if it was metal it is sacrifice and its contents profane¹⁴³Everybody agrees that metal vessels are valuable enough to be dedicated. Therefore, the vessel has to be considered Temple property (it cannot be a sacrifice). R, Jehudah holds that without further evidence, the contents of the vessel have to be considered profane, but the anonymous Sages hold that nobody uses a dedicated vessel to store profane material.. They said to him, people do not put profane in sacrifice [vessels].
If one finds a vessel inscribed ק it means sacrifice, מ tithe, ד demay, ט ṭevel, ת heave since in times of danger one wrote ת for heave¹⁴⁴This proves the status of anything in the vessel. Again “sacrifice” means “dedicated to the Temple”.. Rebbi Yose says, all these are people’s names¹⁴⁵Everything is profane.. Rebbi Yose said, even if he found an amphora full of produce and inscribed “heave”, these are profane since I say last year it was full of tithe produce but he emptied it.
If somebody said to his son, “Second Tithe is in that corner” but he found it in another corner, that is profane¹⁴⁶We assume the tithe was removed and what was found in another corner is other produce. Since 100 denar (a talent) are a part of 200, one assumes that 100 was taken and 100 remains. On the other hand, 100 cannot grow to 200; 100 must be new money.. “There is a talent” but he found 200, the remainder is profane. “200” and he found 100, all is tithe.

MISHNAH: All found coins¹⁴⁰The Maimonides autograph Mishnah and the Cambridge codex of the Galilean Mishnah add: “in Jerusalem”. But in Jerusalem during the holidays, all coins found are considered tithe money, and the rest of the year coins found in the animal market are presumed to be tithe money since the main use of tithe money is for well-being sacrifices; Mishnah Šeqalim7:2. Therefore, the text here is preferable and the meaning is that coins found anywhere, except in Jerusalem in the few instances enumerated in Šeqalim 7:2, are to be considered profane. are profane, even gold denars with silver or change¹⁴¹Here one could argue that silver and change are the tithe exchange for the gold coin which was the original tithe money.. If one found with them a potsherd reading “tithe”, it is tithe.
If one finds a vessel inscribed “sacrifice”, Rebbi Jehudah said, if it was pottery it is profane and its contents sacrifice¹⁴²A clay pot is too cheap to have been dedicated to the Temple. Therefore, only its contents are dedicated. The Sages do not oppose this statement., but if it was metal it is sacrifice and its contents profane¹⁴³Everybody agrees that metal vessels are valuable enough to be dedicated. Therefore, the vessel has to be considered Temple property (it cannot be a sacrifice). R, Jehudah holds that without further evidence, the contents of the vessel have to be considered profane, but the anonymous Sages hold that nobody uses a dedicated vessel to store profane material.. They said to him, people do not put profane in sacrifice [vessels].
If one finds a vessel inscribed ק it means sacrifice, מ tithe, ד demay, ט ṭevel, ת heave since in times of danger one wrote ת for heave¹⁴⁴This proves the status of anything in the vessel. Again “sacrifice” means “dedicated to the Temple”.. Rebbi Yose says, all these are people’s names¹⁴⁵Everything is profane.. Rebbi Yose said, even if he found an amphora full of produce and inscribed “heave”, these are profane since I say last year it was full of tithe produce but he emptied it.
If somebody said to his son, “Second Tithe is in that corner” but he found it in another corner, that is profane¹⁴⁶We assume the tithe was removed and what was found in another corner is other produce. Since 100 denar (a talent) are a part of 200, one assumes that 100 was taken and 100 remains. On the other hand, 100 cannot grow to 200; 100 must be new money.. “There is a talent” but he found 200, the remainder is profane. “200” and he found 100, all is tithe.

MISHNAH: All found coins¹⁴⁰The Maimonides autograph Mishnah and the Cambridge codex of the Galilean Mishnah add: “in Jerusalem”. But in Jerusalem during the holidays, all coins found are considered tithe money, and the rest of the year coins found in the animal market are presumed to be tithe money since the main use of tithe money is for well-being sacrifices; Mishnah Šeqalim7:2. Therefore, the text here is preferable and the meaning is that coins found anywhere, except in Jerusalem in the few instances enumerated in Šeqalim 7:2, are to be considered profane. are profane, even gold denars with silver or change¹⁴¹Here one could argue that silver and change are the tithe exchange for the gold coin which was the original tithe money.. If one found with them a potsherd reading “tithe”, it is tithe.
If one finds a vessel inscribed “sacrifice”, Rebbi Jehudah said, if it was pottery it is profane and its contents sacrifice¹⁴²A clay pot is too cheap to have been dedicated to the Temple. Therefore, only its contents are dedicated. The Sages do not oppose this statement., but if it was metal it is sacrifice and its contents profane¹⁴³Everybody agrees that metal vessels are valuable enough to be dedicated. Therefore, the vessel has to be considered Temple property (it cannot be a sacrifice). R, Jehudah holds that without further evidence, the contents of the vessel have to be considered profane, but the anonymous Sages hold that nobody uses a dedicated vessel to store profane material.. They said to him, people do not put profane in sacrifice [vessels].
If one finds a vessel inscribed ק it means sacrifice, מ tithe, ד demay, ט ṭevel, ת heave since in times of danger one wrote ת for heave¹⁴⁴This proves the status of anything in the vessel. Again “sacrifice” means “dedicated to the Temple”.. Rebbi Yose says, all these are people’s names¹⁴⁵Everything is profane.. Rebbi Yose said, even if he found an amphora full of produce and inscribed “heave”, these are profane since I say last year it was full of tithe produce but he emptied it.
If somebody said to his son, “Second Tithe is in that corner” but he found it in another corner, that is profane¹⁴⁶We assume the tithe was removed and what was found in another corner is other produce. Since 100 denar (a talent) are a part of 200, one assumes that 100 was taken and 100 remains. On the other hand, 100 cannot grow to 200; 100 must be new money.. “There is a talent” but he found 200, the remainder is profane. “200” and he found 100, all is tithe.

HALAKHAH: 8¹⁰²Halakhah 6 in the Venice print.: We have stated for this¹⁰³Tosephta, Demay 8:15–16 has a similar wording but cannot possibly be the basis of the quote here and either represents a different tradition from that of the Yerushalmi or is hopelessly corrupt. The latter is likely since the second part of 8:16, discussed here in Halakhah 7, is corrupt, as noted by all commentators from R. M. Margalit to R. S. Lieberman. The relevant part of the Tosephta reads: “If he had before him two baskets of ṭevel, in each one a hundred, of which heave was taken. ‘The tithes of one are in the other one,’ the first one is tithed. ‘The tithes of one are in the other, and those of the other in the one’ the first one is not tithed. He takes two figs and two tenths and a tenth of a tenth. ‘Their tithes are tithes of each basket in the other one,’ he gave it a name.”: “He takes from the second one two figs and two tenths and a tenth of a tenth¹⁰⁴How does one tithe the first basket out of the second one? First he takes two figs (assuming 100 figs are there in all) for heave. Then he takes two tenths for the two tithes. But tithe should be taken from the produce itself; after tithe was taken, the profane remainder is nine times the tithe. Hence, ten figs of the second basket free only 90 figs of the first basket; 1/10 from above is 1/9 from below. The Tanna then requires one fig to be taken in addition to free the remaining 10 figs. Samuel protests, since 1/9 = 0.1111…, if one includes tenths, the tithing will never end since one always has to add another tenth of the preceding amount..” Samuel says, you cannot state that; when he takes one in ten he has to take one in a hundred, when he takes one in a hundred he has to take one in a thousand, when he takes one in a thousand he has to take one in ten thousand.