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Rosh Hashanah 12

ROSH HASHANAH 12, 13, 14, 15 (3-6 Menachem Av) - dedicated by the wife and daughters of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. on his upcoming second Yarzeit (7 Av). Well known in the community for his Chesed and Tzedakah, he will be remembered by all who knew him.

1) [line 6] HAINU D'SHINAH - it is evident that HaSh-m changed [the laws of nature]
2) [line 7] B'ROSCHIN KILKELU - their sin involved hot liquid (such as in illegitimate relations)
3) [line 9] B'AVEIRAH - with immorality

4) [line 19] MA'ASER BEHEMAH
(a) Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shevet, ha'Asiri Yiheyeh Kodesh la'Sh-m." ("And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m.")
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.


(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah 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.
(b) After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi.
(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.
(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.

6) [line 10] MA'ASER SHENI YIBATEL - Ma'aser Sheni will not be given
7) [line 27] HA'MUDAR HANA'AH ME'CHAVEIRO - a person (Reuven) whose friend (Shimon) made a vow that he (Reuven) may not derive any benefit from his friend (Shimon)

We interpret a Neder based on colloquial usage. In our Sugya, the person is only restricted by the Neder until Tishrei since people usually use the word "year" to refer to the year that begins on Rosh ha'Shanah.

9) [line 34] TILTAN - (O.F. fenogre) fenugreek, an annual Asian and southern European plant of the pea family, having aromatic, mucilaginous (sticky, gummy, containing or secreting mucilage) seeds that are used in making curry, and for medicinal purposes

10) [line 35] MISHE'YAVI'U SHELILSH - [their year of Ma'aser is determined]
(a) from when they have grown a third of their total growth (RASHI); (b) from when they have grown to the extent that if they are ground or pressed they will produce a third of the amount of flour, oil or juice that they would produce after they are fully grown (BARTENURA Ma'asros 1:3)

11) [line 36] MISHE'TITZMACH LI'ZERA'IM - when it will grow to the extent that it produces seeds that can be planted and will grow (RABEINU CHANANEL, RAMBAM Hilchos Ma'aser 2:5)

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