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Bava Metzia 52

BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1a) [line 2] KERAKIM - large cities
b) [line 3] KEFARIM - villages
2) [line 3] IM HAYAH MAKIRAH - if the person who gave the coin was able to recognize it

3) [line 6] MA'ASER SHENI
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.
(f) Fruit of Ma'aser Sheni that is worth less than a Perutah cannot be redeemed (in the normal manner). This is derived from the verse which states, "Im Ga'ol Yiga'el Ish mi'Ma'asro" - "If a person redeems *from* his Ma'aser," (Vayikra 27:31) implying that only some forms of Ma'aser Sheni, but not all forms of Ma'aser Sheni, can be redeemed, thus excluding Ma'aser Sheni that is worth less than a Shaveh Perutah. (In the Gemara (Daf 53b), the Amora'im argue whether this exclusion from redemption applies to actual fruit that is worth less than a Perutah, or even to fruit whose *Chomesh* would be worth less than a Perutah when the fruit is redeemed and a fifth of its value is added.) The exact status of fruit of Ma'aser Sheni that is less than a Perutah is debated by the Rishonim (RASHI maintains that its status is the same as normal Ma'aser Sheni; some say (RITVA) that it is forbidden mid'Oraisa to eat such fruit outside of Yerushalayim but that there is no obligation of Bi'ur, Achilah, or Pidyon (but rather the fruit may be left to rot), while others say that it is permitted mid'Oraisa to eat such fruit outside of Yerushalayim (RA'AVAD, ROSH)).

4) [line 6] SHE'EINO ELA NEFESH RA'AH - it is only the result of a miserly soul; of stinginess

5) [line 11] TALIS - cloak, i.e. normal types of merchandise (Mishnah Daf 49b), as opposed to money (our Mishnah)

6a) [line 14] ASHIK L'GABICH - buy expensive [clothes] for your back (body)
b) [line 14] V'SHAVI LI'KREISACH - buy at less than market value (i.e. wholesale) [food] for your stomach

7) [line 15] KEIVAN D'LO SAGI LEI - since it is not accepted as legal tender
8) [line 19] YESER AL KEN, MOCHRAH B'SHOVYAH - more than this (i.e. when the coin has *not* yet eroded to the extent of the amount of Ona'ah -- each Tana according to his ruling) he may sell it for its face value (compare with entry #20, below)

9) [line 20] AD KAMAH TIPACHES V'YEHEI RASHAI L'KAIMAH? - To what extent can it erode and its owner is still permitted to keep it? (MISHKALOS)
It is forbidden to act deceitfully when buying and selling using weights (Vayikra 19:36, Devarim 25:15). To willingly keep an inaccurate weight or measure in one's house or store is likewise prohibited, even if it not used for trade (RAMBAM Hilchos Geneivah 7:1, 3; see SEFER HA'CHINUCH #'s 258, 259 and 602)

See Background to Bava Metzia 51:36.

11a) [line 23] CHARAM - a robber who does not kill
b) [line 23] HARAG - a robber who is willing to kill to get money
12) [line 24] YIKVENAH - he should put a hole in it [in the middle of the coin, not at the side (Gemara Daf 52b; SHULCHAN ARUCH Choshen Mishpat 227:18)]

13) [line 28] ROVA SHEKEL - 1/4 of a Shekel, i.e. 1/2 Dinar (see Background to Bava Metzia 51:36)

14) [line 30] REVI'A - one quarter (which would have the connotation of 1/4 of a Dinar)

15) [line 31] IKA DINAR D'ASI MI'SHEKEL - there exists a Dinar that originally was a Shekel that eroded (it is permitted to keep it and even to use it as legal tender)

16) [line 38] PACHASAH SELA ISAR L'DINAR ASUR - if the extent of erosion of a *Sela* was an Isar per Dinar (i.e. four Isarin), it is prohibited [to use it as a Sela because of the Halachos of Ona'ah]

17) [line 39] SELA SHE'NIFSELAH - a Sela that eroded [to the extent that is termed Ona'ah]

18) [line 40] TEMEI'AH - it becomes *ready* to receive Tum'ah (TUM'AS KELIM)
(a) A utensil is considered ready to receive Tum'ah only after it is completely finished. If the artisan only *decided* that the utensil needs no more work, it is considered complete and may become Tamei. If the artisan decides to do more work on the utensil, it remains Tamei until an *action* is performed on the utensil that makes his intention clear.
(b) The action that must be performed to change the status of a utensil must be an action that renders the utensil unfit for its original purpose. For example, if a tanner decided to use a hide as a rug, it may become Tamei from that moment on. If he then changes his mind and decides to make shoes out of it, it remains in its current status until he begins to cut the hide for shoes.
(c) Coins are not considered utensils. In our Sugya, as soon as the owner decides to use his eroded coin as a weight, it becomes ready to receive Tum'ah. (For a further discussion of the principles of Tum'ah and Taharah, see Background to Nazir 54:13.)

19) [line 42] PACHOS MI'KEN YAKUTZ - less than this (i.e. when the coin has eroded *more* than this amount)


20) [line 1] MOCHRAH B'SHOVYAH - he may sell it for its actual value (but not its face value; compare with entry #8, above)

21) [line 5] PURSA PURSA - little by little (the coin eroded gradually)
22) [line 6] NAFIL L'NURA - it fell into a fire
23) [line 6] IFCHAS B'CHADA ZIMNA - it deteriorated [beyond the point at which one may keep it] at one time (and not gradually)

24) [line 8] LO YA'ASENAH MISHKAL BEIN MISHKELOSAV - one may not make it into a weight to be used among his other weights

25) [line 9] GRUTOSAV - scraps of silver (from broken silver utensils)
26) [line 10] YISHCHOK - grind it up
27) [line 11] YATUCH - melt it down
28) [line 18] KOL INISH KIM LEI B'GAVAH - every person is an expert in its value
29) [line 22] D'SALKIN L'SHUKA - when they go up to the market (and can show the coin to an expert)

30) [line 35] HAI MAN D'MUKIM A'ZUZEI - the person who is particular [about the exact value and weight] of coins

31a) [line 37] BA L'FORTAH - one who comes to exchange [a coin of a large denomination, on which fruits of Ma'aser Sheni were redeemed, with coins of a smaller denomination]
b) [line 38] BA L'CHALELAH - one who comes to redeem [fruits of Ma'aser Sheni]

See above, entry #3.

33) [line 42] OMER: HU V'CHUMSHO MECHULAL AL MA'OS HA'RISHONOS - he says, "It (the less than a Perutah's worth of fruits of Ma'aser Sheni) and its fifth are hereby redeemed upon the original coins (that were used to redeem his other fruits of Ma'aser Sheni that were worth more than a Perutah)"

34) [line 43] LEFI SHE'IY EFSHAR LO L'ADAM L'TZAMTZEM MA'OSAV - because it is not possible for a person to assess the value of his fruits exactly (such that he redeems the fruit on a coin worth that exact amount. Also, since he is worried lest he eat fruit that has not been redeemed properly, he stops using each coin at a point where he is certain that he has left more "room" for redemption.)

35) [line 45] B'TORAS YAFEH - in the manner of [a redemption that is done with] a good coin (i.e. just as the actual value of a good coin is used to redeem fruits of that value, so, too, in the case of an eroded coin only its actual value is used for redeeming fruits of Ma'aser Sheni)

36) [line 45] TREI ZILEI LO MEZALZELINAN BEI - we do not disgrace it (Ma'aser Sheni) with two slights (i.e. an eroded coin may be used for Pidyon Ma'aser Sheni, but it may only be used for its actual value and not for its original face value)

37) [last line] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the *Mikra Bikurim*, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim b'Taharah. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there. Similarly, a Kohen (even if he is Tahor) who eats Bikurim that are Teme'im receives Malkos (RAMBAM ibid. 3:5).

38) [last line] CHOMESH
(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, and not the laws of Tashlumei Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).
(e) The above Halachos apply to Bikurim as well.

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