BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Bava Metzia 90
1) [line 1] TERUMAH / MA'ASER / TEVEL / MA'ASER SHENI / TERUMAS MA'ASER
(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
(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.
2) [line 2] MAR'IS HA'AYIN - it looks to the eye [like a prohibited action]
(a) Certain actions are prohibited mid'Rabanan because, to the outside
observer, these actions are indistinguishable from others that are
prohibited mid'Oraisa or mid'Rabanan. If these actions were permitted
onlookers might learn to permit the prohibited action (which they think is
being done) as well. Chazal use the words "Mar'is ha'Ayin" to describe these
(b) The Tana'im argue (Shabbos 146b) whether it is only prohibited to
perform such actions in public (where others might observe and misinterpret
them), or even in private. Even according to those who prohibit the act in
private, there are times when actions prohibited due to Mar'is ha'Ayin are
permitted in private:
1. Some say that an act prohibited because it looks like an Isur
*mid'Rabanan* is permitted to be done in private (Tosfos Kesuvos 60a DH
(c) Our Gemara brings the Beraisa that teaches that one should not let an
animal that is threshing Terumah or Ma'aser work without allowing it to eat.
Although the prohibition of muzzling an animal that is threshing ("Lo
Sachsom") does not apply to produce of Terumah or Ma'aser, nevertheless,
observers might not realize that the produce being threshed is Terumah or
Ma'aser, and might think that it is permitted to muzzle an animal threshing
ordinary produce. We therefore require the owner of the produce to hang a
sack of fodder (of the same type as the produce being threshed) before the
animal's mouth, so that it will not eat from the Terumah or Ma'aser, yet, at
the same time, it will not be muzzled.
2. Others write that if an act is prohibited because people might think that
*another* act, which actually *is* prohibited, was done along with it, then
it may not be done even in private. If an act is prohibited because people
will mistakenly think that the *very act* that was done is not permitted, we
allow him to do it in private. (See Insights to Kesuvos 60:2.)
3) [line 3] BUL - a handful
4) [line 3] TERASKALIN - a feedbag or basket
5) [line 4] KARSHINIM - the beans of a species of vine, probably the
horse-bean (which is rarely used as human food)
6) [line 13] GIDULEI TERUMAH
After a person separates Terumah from his crops, he must give it to a Kohen.
If the Terumah itself was planted, the Chachamim decreed that the resulting
crop is *all* Terumah. The reason for the decree is to prevent Kohanim from
holding on to their Terumah *Temei'ah* until the planting season. Even
though the crop that grows is no longer Tamei, as it states in Pesachim 34a,
the Chachamim feared that it would be mistakenly eaten before it is planted.
A person who eats Terumah Temei'ah violates a positive commandment.
7) [line 17] TEVEL - produce before it is tithed (see above, entry #1:a-b)
8) [line 18] MA'ASER SHENI - the "second tithe" (see above, entry #1)
9a) [line 18] HA B'MA'ASER RISHON - this case (when a person who muzzles the
cow transgresses the prohibition of Lo Sachsom) is referring to Ma'aser
Rishon, where the produce is called "Disho," since Ma'aser Rishon is Chulin
b) [line 19] HA B'MA'ASER SHENI - this case (when a person who muzzles the
cow does not transgress the prohibition of Lo Sachsom) is referring to
Ma'aser Sheni, where the produce is not called "Disho," since Ma'aser Sheni
has an aspect of Kedushah (see TOSFOS DH Kan)
10) [line 22] MA'ASER [SHENI] MAMON GAVO'AH HU / MAMON HEDYOT HU (MA'ASER,
MAMON HEKDESH HU / MAMON HEDYOT HU)
(a) The Tana'im argue as to whether Ma'aser Sheni (see above, entry #1)
produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot
(the property of its [mortal] owner (Kidushin 54b).
(b) According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser
Sheni is not personal property. The owner is only given custodianship of the
produce, along with the right to eat it, drink it or (in the case of oil)
rub with it (Rashi here and Yevamos 73a). According to the Rebbi Yehudah who
rules Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property,
except that the Halachah requires that it be eaten in a specific manner and
11) [line 24] HIKDIMO B'SHIBOLIN - he (the landowner) separated it (the
Ma'aser Rishon) early [while the produce was still] in the [stage of cut]
(a) By Torah Law, a person is required to tithe his grain only if he
harvests it in a normal manner. This includes removing the chaff in the
field, piling up the grain there and bringing it through the front door of
his house (Berachos 35b). He is then required to tithe his grain; it becomes
"Hukba l'Ma'aser" (designated for tithing -- see Background to Bava Metzia
(b) He first separates Terumah Gedolah from the crop and gives 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.
(c) If a Levi came to the field and claimed the Ma'aser Rishon from the
stalks *before* the grain was processed and separated from the stalks, the
requirement to give Terumah Gedolah is canceled, as Rebbi Shimon ben Lakish
(see Beitzah 13b) proves from the wording of the verse (Bamidbar ibid.).
(d) However, if a Levi came to the field and claimed the Ma'aser Rishon from
the Kri (the pile of grain which was already processed and separated from
the stalks), he must give Terumah Gedolah to a Kohen from his portion. The
requirement to give Terumah Gedolah is already present as soon as the
produce is classified as Dagan (it is processed), as the verse (Devarim
18:4) states, "Reishis *Degancha* ... Titen Lo" - "You should give him the
first [part that you separate] from your produce."
12) [line 24] HA BA'I CHOMAH!? - [How is it possible for the animal to eat
the Ma'aser Sheni produce;] it needs [to be eaten within the] walls [of
13) [line 25] LIFNIM ME'CHOMAS BEIS PAGI - inside the wall of Beis Pagi, an
area located at the city limits of Yerushalayim (the word "Pagi" has the
connotation of a belt (O.F. cengle), in the sense of a wall that surrounds
the city -- RASHI)
14a) [line 26] MA'ASER VADAI - Ma'aser Sheni that was separated from fruits
that were definitely obligated to have Ma'asros separated from them. (Such
Ma'aser Sheni is Ma'aser Sheni d'Oraisa; see above, entry #1.)
b) [line 27] MA'ASER DEMAI - Ma'aser Sheni from produce that is Demai
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his
Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" --
"what is this?").
(b) Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must
be separated from this produce since a minority of Amei ha'Aretz cannot be
trusted to have separated them before selling the produce. Terumah Gedolah,
however, because of its stringency is presumed to have been separated.
Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are
eaten by the owner and not given to the Levi or the Ani (in keeping with the
principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").
15) [line 31] AF HU... - Yochanan Kohen Gadol (Tosefta Sotah 13:10,
according to the Girsa'os of the Minchas Bikurim and the Hagahos ha'Gra)
16) [line 31] BITEL ES HA'VIDUY (VIDUY MA'ASER)
(a) The Torah requires that at two times during the seven-year Shemitah
cycle the owner of a field must recite Viduy Ma'aser, as is learned from
(b) In the afternoon of Erev Pesach in the fourth and seventh years, the
owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser
to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All
remaining Ma'aser Sheni, Kerem Reva'i, Pidyonos of Ma'aser Sheni and Kerem
Reva'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and
Bikurim must be destroyed wherever they are.
(c) He then says Viduy Ma'aser, declaring that he has set aside all of the
required tithes and gifts, and that he kept all the Mitzvos with regard to
them. The declaration is found in Devarim 26:13-15, and may be recited in
any language that the owner understands. According to the MISHNAH (Ma'aser
Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH
u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach.
According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the
afternoon of the last day of Pesach.
(d) Ezra ha'Kohen fined the Leviyim of his time who did not come with him
back to Eretz Yisrael and decreed that from then on Ma'aser Rishon shall be
given to the Kohanim (Ezra 8:15, Yevamos 86b). As a result of this, Yochanan
Kohen Gadol annulled the recitation of the Viduy Ma'aser since it includes
the words "v'Gam Nesativ La'Levi," - "and I have also given [the Ma'aser
Rishon] to the Levi," which would not be true. Apparently, the fine of Ezra
had not become the common practice until the time of Yochanan Kohen Gadol
(as in TOSFOS to Yevamos 86b DH Mipnei).
17) [line 32] GAZAR AL HA'DEMAI - decreed with regard to Demai [that one
does not ask whether the required Terumos and Ma'aseros have been separated,
rather, he follows the procedure stated above, entry #14b] (MINCHAS BIKURIM
to Tosefta Sotah 13:10)
18) [line 36] MATREZES - (O.F. raillier) the animal was afflicted with
19) [line 37] MA'ALEI LAH - it (the food that it eats while it is working)
is good for it
20) [line 43] CHASOM PARASI V'DOSH BAH - muzzle my cow and use it to thresh
(a) your grain (RASHI); (b) my grain (because it goes without saying that
the Nochri may thresh his own grain with the muzzled cow of a Jew) (TOSFOS)
21) [line 44] AMIRAH L'NOCHRI SHEVUS
(a) Shevus refers to actions that the Rabanan prohibited on Shabbos. The
Torah states "u'va'Yom ha'Shevi'i Tishbos" - "and you shall rest on the
seventh day" (Shemos 23:12). The Rabanan learn that this applies even to
things that are not Melachos, and as a result they prohibited actions that
were permitted mid'Oraisa (see Shabbos 114b).
(b) Telling a non-Jew to do Melachah for a Jew is one of the Shevus decrees.
Even though non-Jews transgress no prohibition by doing Melachah on Shabbos,
the Rabanan prohibited telling them to do Melachah for Jews. This
prohibition applies even if they are told on Friday, and even if the
Melachah is only needed for after Shabbos. (See RAMBAM Hilchos Shabbos,
22a) [line 48] MI'AVAR HU D'LO AVAR - he (the Jew who owns the cow) does not
transgress the prohibition of Lo Sachsom
b) [line 49] ISURA IKA - [however,] there is a prohibition [associated
with this action]
23) [last line] SHALCHU LEI - from Eretz Yisrael
24) [last line] HALEIN TOREI D'GANVIN ARAMA'EI - those bulls that are stolen
by the Nochrim (who are friendly with the owners of the bulls)
25) [line 1] U'MEGANCHIN YAS'HON - and they castrate them [to make them more
docile for plowing]
26a) [line 2] HA'ARAMAH IS'AVID BEHU - a deception has been performed with
b) [line 2] A'ARIMU ALAIHU V'YIZDABNUN - [therefore the Halachah states
that we should] "deceive" them and force them to sell them, [so that the
owners do not benefit from this sin]
27) [line 4] BENEI NO'ACH METZUVIN AL HA'SEIRUS (SHEVA MITZVOS BENEI NO'ACH)
(a) People other than Jews are often referred to as Benei No'ach (since all
of mankind is descended from No'ach). Mankind was commanded to keep seven
Mitzvos from the time of Adam ha'Rishon and No'ach, before the Jewish nation
existed. Although the Mitzvos of the Torah superceded these Seven Mitzvos
for the Jewish nation, these Mitzvos remain binding to Benei No'ach today.
(b) The seven Mitzvos are:
1. Avodah Zarah, not to worship idols.
(c) All of these are general commandments with many details. Transgressing
any one of them is considered such a breach in the natural order that the
offender incurs the death penalty. Chazal termed this as, "Ben No'ach -
Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben No'ach invokes the
death sentence" (
2. Birkas (i.e. Kilelas) HaSh-m, not to curse HaSh-m.
3. Shefichus Damim, not to murder.
4. Giluy Arayos, not to engage in illicit or incestuous relationships.
(Besides adultery, the Gemara in Sanhedrin 58b discusses which relatives a
Ben No'ach is prohibited to marry.)
5. Gezel, stealing.
6. Ever Min ha'Chai, not to eat a limb that is detached from an animal when
it is alive.
7. Dinim, appointing judges to keep law and order.
Hilchos Melachim 9:14). Besides these seven major
Mitzvos, Chazal received a tradition that there are other Mitzvos and
prohibitions that are incumbent upon Benei No'ach (such as the prohibitions
against a Ben No'ach keeping Shabbos and learning Torah -- see Sanhedrin
(d) The Beraisa (see Sanhedrin 56b) notes certain Tana'im who rule that
other prohibitions are incumbent upon Benei No'ach. Among these is the
opinion of Rebbi Chidka (and b'Bei Menasheh ibid.) that Benei No'ach are
commanded not to perform castration. The Gemara (ibid. 57a) learns this from
the verse "Shirtzu ba'Aretz u'Rvu Vah" - "bring forth [offspring] abundantly
in the land and multiply in it" (Bereishis 9:7). The Rabanan learn that this
verse is a blessing and not a commandment (ibid.).
(e) The Rambam (ibid. 8:11) writes that all Benei No'ach who accept upon
themselves the Seven Mitzvos and are careful to keep them are termed
"Chasidei Umos ha'Olam" ("the Pious Ones of the Nations") and they merit a
share in the World to Come. However, they must keep these Mitzvos
specifically because HaSh-m commanded them in the Torah through Moshe
Rabeinu. If they keep and perform these Mitzvos as logical guidelines for
the survival of the world, they are not termed "Chasidei Umos ha'Olam." When
a Ben No'ach fulfills a Mitzvah of the Torah that is not prohibited to him,
he receives the reward of an "Eino Metzuveh v'Oseh" - "one who performs a
Mitzvah in which he was not commanded." This reward is less than the reward
of one who performs Mitzvos in which he was commanded (Gemara Bava Kama 38a;
28) [line 5] "V'LIFNEI IVER LO SITEN MICHSHOL." - "Do not place a stumbling
block before the blind." (Vayikra 19:14) - We learn from this verse that it
is forbidden to cause another person to sin by giving him bad advice or by
placing before him the opportunity to sin. (Some Rishonim explain that this
is only an Isur mid'Rabanan (a Rabbinic prohibition) and is not implicit in
29) [line 10] MECHALFEI AHADADEI - they exchanged [animals that their Nohcri
friends stole and castrated for them] with one another
30) [line 13] HIRBITZ LAH ARI MIBA'CHUTZ - if a person caused a lion to
crouch outside [the threshing floor, for example,] that frightened the cow
such that it could not eat
31) [line 16] PARAS LAH KATAVLEYA - if a person spread out [over the grain]
hides [so that it would not eat the grain]
32) [line 19] L'HATIR PEKI'A AMIR - to untie a bundle of straw [before the
33) [line 28] "YAYIN V'SHECHAR AL TESHT ATAH U'VANECHA ITCHA B'VO'ACHEM...
UL'HAVDIL BEIN HA'KODESH U'VEIN HA'CHOL..." - "Do not drink wine nor strong
drink, not you, nor your sons with you, [when you go into the Tent of
Meeting, lest you die; it shall be a statute forever throughout your
generations.] And that you may differentiate between the holy and the
unholy, [and between the Tamei and the Tahor.]" (Vayikra 10:9-10)
34) [line 34] HA'MEZAVEG B'CHIL'AYIM - to mate two animals of different
species (KIL'AYIM: KIL'EI BEHEMAH)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Many
different types of forbidden mixtures can be referred to by the term
"Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei
Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals:
Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to
clothing: Sha'atnez. (It is also prohibited to cook meat and milk together,
but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of
(b) HARBA'AS BEHEMAH refers to the prohibition of mating together any two
different types of animals or birds (Bava Kama 54b), as the Torah states,
"Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally
transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be
used (see Tosfos Chagigah 2b DH Lisa).
(c) CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type
of Melachah (work) with two different types of animals, as the Torah states
"Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of
driving or riding two different types of animals together is included in the
definition of Melachah. One who intentionally transgresses this prohibition
is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two
types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The
RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits
doing work with one kosher and one non-kosher animal together, such as an ox
and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two
types of animals, even if they are both kosher or both non-kosher.
35a) [line 35] CHASAMAH B'KOL - he muzzled it (i.e. he managed to get the
animal not to eat while it was working) with his voice, i.e. shouting or
talking to it
b) [line 36] HINHIGAH B'KOL - he led different species of animals (see
above, entry #34:c) by shouting or talking to them
36) [line 37] AKIMAS PIV - (lit. curving of the mouth) the movement of his
mouth when he speaks