תלמוד על מעשר שני 4:7
Jerusalem Talmud Maaser Sheni
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.
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.
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