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Rambam - 3 Chapters a Day

Maaser Sheini - Chapter 5, Maaser Sheini - Chapter 6, Maaser Sheini - Chapter 7

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Maaser Sheini - Chapter 5

1

When a man redeems his produce for the second tithe for himself - whether it is from his own crops, he acquired it as an inheritance, or it was given to him while tevel as we explained,1 he must add a fifth [of the new total].2 [Thus] if it was worth four, he should give five,3 as [Leviticus 27:31] states: "If a man will redeem from his tithes, he shall add a fifth to it."

א

הַפּוֹדֶה מַעַשְׂרוֹ לְעַצְמוֹ בֵּין שֶׁהוּא שֶׁלּוֹ בֵּין שֶׁנָּפַל לוֹ בִּירֻשָּׁה בֵּין שֶׁנִּתַּן לוֹ בְּטִבְלוֹ מַתָּנָה כְּמוֹ שֶׁבֵּאַרְנוּ. הֲרֵי זֶה מוֹסִיף עָלָיו חֹמֶשׁ. אִם הָיָה שָׁוֶה אַרְבָּעָה נוֹתֵן חֲמִשָּׁה. שֶׁנֶּאֱמַר (ויקרא כז לא) "וְאִם גָּאל יִגְאַל אִישׁ מִמַּעַשְׂרוֹ חֲמִשִׁיתוֹ יֹסֵף עָלָיו":

2

When a woman redeems produce for the second tithe that she separated, she is not required to add a fifth. According to the Oral Tradition,4 we have learned: "If a man [will redeem from] his tithes," excluding a woman. Similarly, if a man redeems [money used to] redeem produce from the second tithe for himself,5 he must add a fifth.

ב

וְאִשָּׁה שֶׁפָּדָת מַעֲשֵׂר שֵׁנִי שֶׁלָּהּ לְעַצְמָהּ אֵינָהּ מוֹסִיפָה חֹמֶשׁ. מִפִּי הַשְּׁמוּעָה לָמְדוּ (ויקרא כז לא) "אִישׁ מִמַּעַשְׂרוֹ" וְלֹא אִשָּׁה. וְכֵן אִם פָּדָה פִּדְיוֹן פֵּרוֹת הַמַּעֲשֵׂר לְעַצְמוֹ מוֹסִיף חֹמֶשׁ:

3

When a person redeems the produce of his second tithe and adds a fifth, and then redeems the money itself a second time, he must add a second fifth of the principal alone. He need not add a fifth for the original fifth.6

ג

פָּדָה פֵּרוֹת מַעַשְׂרוֹ וְהוֹסִיף חֹמֶשׁ וְחָזַר וּפָדָה הַפִּדְיוֹן לְעַצְמוֹ פַּעַם שְׁנִיָּה מוֹסִיף חֹמֶשׁ שֵׁנִי עַל הַקֶּרֶן בִּלְבַד וְאֵינוֹ מוֹסִיף חֹמֶשׁ עַל הַחֹמֶשׁ:

4

When the fifth of the produce of the second tithe is not worth a p'rutah, [the person redeeming it] need not add a fifth.7 Similarly, when the worth of the produce of the second tithe is unknown,8 it is sufficient for him to say: "The holiness of the produce and its fifth are transferred to this sela."9 Whenever a person does not redeem produce from the second tithe with his own money, he need not add a fifth.10 [When one redeems] produce from the second tithe that is demai, he need not add a fifth.11

ד

מַעֲשֵׂר שֵׁנִי שֶׁאֵין בְּחֻמְשׁוֹ שְׁוֵה פְּרוּטָה אֵינוֹ מוֹסִיף עָלָיו חֹמֶשׁ. וְכֵן מַעֲשֵׂר שֶׁאֵין דָּמָיו יְדוּעִין דַּיּוֹ שֶׁיֹּאמַר הוּא וְחֻמְשׁוֹ מְחֻלָּל עַל הַסֶּלַע הַזֶּה. וְכָל מַעֲשֵׂר שֶׁהוּא אֵינוֹ פּוֹדֵהוּ מִשֶּׁלּוֹ אֵינוֹ מוֹסִיף חֹמֶשׁ. וּמַעֲשֵׂר שֵׁנִי שֶׁל דְּמַאי אֵינוֹ מוֹסִיף עָלָיו חֹמֶשׁ:

5

When a person is redeeming produce of the second tithe and he has other produce from the second tithe that was not redeemed whose fifth is not worth a p'rutah, it is sufficient for him to say: "The holiness of it and its fifth are transferred to the money [set aside] originally."12 [This leniency is granted,] because it is impossible to require a person to be precise with his money.13

ה

הַפּוֹדֶה מַעֲשֵׂר שֵׁנִי וְהָיָה לוֹ מַעֲשֵׂר שֵׁנִי אַחֵר שֶׁלֹּא נִפְדָּה. אִם אֵין בְּחֻמְשׁוֹ שְׁוֵה פְּרוּטָה דַּיּוֹ שֶׁיֹּאמַר הוּא וְחֻמְשׁוֹ מְחֻלָּל עַל מָעוֹת הָרִאשׁוֹנוֹת לְפִי שֶׁאִי אֶפְשָׁר לְאָדָם לְצַמְצֵם אֶת מְעוֹתָיו:

6

When a person redeems produce from the second tithe for more than its worth, that additional value is not considered as money from the second tithe.14

ו

הַפּוֹדֶה מַעֲשֵׂר בְּיוֹתֵר עַל דָּמָיו לֹא נִתְפְּסָה הַתּוֹסֶפֶת לַמַעֲשֵׂר:

7

When the owner of the produce bids a sela to redeem it and another person also bids a sela, the owner is given precedence, because he is required to add a fifth. If, however, the owner bids a sela and another person bids a sela and a p'rutah, that other person is given precedence, because he increases the principal.15

ז

בַּעַל הַבַּיִת אוֹמֵר בְּסֶלַע וְאַחֵר אוֹמֵר בְּסֶלַע. בַּעַל הַבַּיִת קֹדֶם מִפְּנֵי שֶׁהוּא מוֹסִיף חֹמֶשׁ. בַּעַל הַבַּיִת אוֹמֵר בְּסֶלַע וְאַחֵר אוֹמֵר בְּסֶלַע וּפְרוּטָה. הָאַחֵר קֹדֶם מִפְּנֵי שֶׁמּוֹסִיף עַל הַקֶּרֶן:

8

It is permitted to act "guilefully" with regard to the redemption of produce of the second tithe.16 What is implied? A person may tell his son or daughter who are beyond majority or his Hebrew servant:17 "Here is this money. Use it to redeem this produce from the second tithe," so that they will not have to add a fifth. He should not say, however: "Use them to redeem it for me."18 Similarly, he is not required to add a fifth if he tells them: "Redeem it for me using your money."19

ח

מֻתָּר לְהַעֲרִים עַל פִּדְיוֹן מַעַשְׂרוֹ. כֵּיצַד. אוֹמֵר לִבְנוֹ וּלְבִתּוֹ הַגְּדוֹלִים וּלְעַבְדּוֹ הָעִבְרִי הֵא לְךָ אֶת הַמָּעוֹת הָאֵלּוּ וּפְדֵה לְךָ בָּהֶן הַמַּעֲשֵׂר כְּדֵי שֶׁלֹּא יוֹסִיף חֹמֶשׁ. אֲבָל לֹא יֹאמַר לוֹ פְּדֵה לִי בָּהֶן. וְכֵן אִם אָמַר לוֹ פְּדֵה לִי מִשֶּׁלְּךָ אֵינוֹ מוֹסִיף חֹמֶשׁ:

9

He should not, however, give money to redeem [the produce] to one of his sons or daughters who are below majority20 or to his Canaanite servants or maid-servants, because they do not have an independent financial capacity.21 If he gave the money to his Hebrew maidservant,22 his words are effective if [the obligation to separate] the second tithe from this produce is Rabbinic in origin, e.g., produce grew in a flowerpot without a hole.23 [The rationale is that] a Hebrew maidservant is a minor and a minor can acquire property for others only with regard to matters of Rabbinic Law.24

ט

אֲבָל לֹא יִתֵּן הַמָּעוֹת לִפְדּוֹת לִבְנוֹ וּלְבִתּוֹ הַקְּטַנִּים וּלְעַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים מִפְּנֵי שֶׁיָּדָן כְּיָדוֹ. נָתַן לְשִׁפְחָתוֹ הָעִבְרִיָּה אִם מַעֲשֵׂר שֵׁנִי זֶה מִדִּבְרֵיהֶם כְּגוֹן שֶׁהָיָה מֵעָצִיץ שֶׁאֵינוֹ נָקוּב דְּבָרָיו קַיָּמִין. שֶׁאָמָה הָעִבְרִיָּה קְטַנָּה הִיא וְאֵין הַקָּטָן זוֹכֶה לַאֲחֵרִים אֶלָּא בְּדָבָר שֶׁהוּא מִדִּבְרֵיהֶם:

10

Similarly, a person may act with guile and give produce from the second tithe as a present while it is still tevel25 and while giving it say: "The holiness from [the second tithe of] this produce is transferred to the money I have at home."26

י

וְכֵן מַעֲרִים וְנוֹתֵן הַמַּעֲשֵׂר מַתָּנָה כְּשֶׁהוּא בְּטִבְלוֹ. וְאוֹמֵר הַנּוֹתֵן הֲרֵי הַפֵּרוֹת הָאֵלּוּ מְחֻלָּלִין עַל מָעוֹת שֶׁבַּבַּיִת:

11

Two brothers,27 two partners, a father and his son, may redeem produce from the second tithe for each other so that they will not have to add a fifth. When a woman brings produce from the second tithe to her husband's home,28 the husband does not acquire it as his own, since it belongs to the Most High, as we explained.29 Therefore, if he redeems it,30 he need not add a fifth.

יא

שְׁנֵי אַחִין אוֹ שְׁנֵי שֻׁתָּפִין [אָב וּבְנוֹ] פּוֹדִין זֶה לָזֶה מַעֲשֵׂר שֵׁנִי כְּדֵי שֶׁלֹּא יוֹסִיף חֹמֶשׁ. אִשָּׁה שֶׁהִכְנִיסָה לְבַעְלָהּ מַעֲשֵׂר שֵׁנִי הוֹאִיל וְהוּא מָמוֹן גָּבוֹהַּ כְּמוֹ שֶׁבֵּאַרְנוּ לֹא קָנָה בַּעַל. לְפִיכָךְ אִם פָּדָהוּ אֵינוֹ מוֹסִיף חֹמֶשׁ:

12

A person who redeems produce from the second tithe for himself, who paid the principal, but did not pay the additional fifth, should not partake of [the produce] until he pays the fifth. [This applies] even on the Sabbath.31 [And it applies] even though the payment of the fifth does not hold back the transfer of holiness [from the produce to the coins]. Indeed, that transfer takes place. [This restriction is] a decree, lest the person be negligent and fail to pay.

יב

הַפּוֹדֶה מַעֲשֵׂר שֵׁנִי לְעַצְמוֹ וְנָתַן אֶת הַקֶּרֶן וְלֹא נָתַן אֶת הַחֹמֶשׁ. אַף עַל פִּי שֶׁאֵין הַחֹמֶשׁ מְעַכֵּב וַהֲרֵי נִתְחַלֵּל לֹא יֹאכַל עַד שֶׁיִּתֵּן הַחֹמֶשׁ וַאֲפִלּוּ בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יִפְשַׁע וְלֹא יִתֵּן:

13

If a person desires to exchange money from the redemption of the second tithe for golden dinarim,32 so that his burden will be lighter,33 he may. Even34 if he exchanged [the two] with his own money, he need not add a fifth, for this is not considered as redemption.

יג

מָעוֹת מַעֲשֵׂר שֵׁנִי אִם רָצָה לְצָרְפָם בְּדִינְרֵי זָהָב כְּדֵי לְהָקֵל מַשָּׂאָן מְצָרְפָן. וְאִם צֵרְפָן לְעַצְמוֹ אֵינוֹ מוֹסִיף חֹמֶשׁ שֶׁאֵין זֶה דֶּרֶךְ פְּדִיָּה:

14

When a person exchanges a sela of money35 from the second tithe - whether in Jerusalem or outside the city - he should not exchange it entirely for brass coins. Instead, it should be divided into a shekel's worth of silver coins and a shekel's worth of brass coins.

יד

הַפּוֹרֵט סֶלַע מִמְּעוֹת מַעֲשֵׂר שֵׁנִי בֵּין בִּירוּשָׁלַיִם בֵּין חוּץ לִירוּשָׁלַיִם לֹא יְצָרְפֶנָּה כֻּלָּהּ בְּמָעוֹת נְחשֶׁת אֶלָּא בְּשֶׁקֶל מָעוֹת כֶּסֶף וּבְשֶׁקֶל מָעוֹת נְחשֶׁת:

15

It is permissible to transfer the holiness of money of the second tithe together with produce from the second tithe to money,36 provided the produce is worth less than a dinar.37 If, however, [the produce] is worth a dinar, its holiness should not be transferred together with that of money. Instead, [it should be transferred] by itself. What is implied? A person possessed produce that was worth a dinar and three dinarim that were of the second tithe, he may not transfer the holiness of the entire amount to one sela.38 If, however, he has a half a dinar of produce and a half a dinar of money, he may transfer the holiness of both to one dinar.

טו

מֻתָּר לְחַלֵּל כֶּסֶף מַעֲשֵׂר עִם פֵּרוֹת מַעֲשֵׂר עַל הַכֶּסֶף וְהוּא שֶׁיְּהוּ בַּפֵּרוֹת פָּחוֹת מִשְּׁוֵה דִּינָר. אֲבָל אִם הָיָה בָּהֶן שְׁוֵה דִּינָר לֹא יְחַלְּלֵם עִם הַכֶּסֶף אֶלָּא בִּפְנֵי עַצְמָן. כֵּיצַד. הָיוּ לוֹ פֵּרוֹת שְׁוֵה דִּינָר וּשְׁלֹשָׁה דִּינָרִין שֶׁל מַעֲשֵׂר שֵׁנִי אֵינוֹ מְחַלֵּל הַכּל עַל סֶלַע אַחַת. אֲבָל אִם הָיָה לוֹ חֲצִי דִּינָר פֵּרוֹת וַחֲצִי דִּינָר מָעוֹת מְחַלֵּל שְׁנֵיהֶם עַל דִּינָר אֶחָד:

Footnotes
1.

See Chapter 3, Halachah 17. Otherwise, it is forbidden to give the second tithe as a present.

2.

Although the produce of the second tithe belongs to God, as it were, since the person partakes of it, the Torah considers as his, with regard to the obligation to add a fifth (Bava Kama 69b).

3.

This is true in all instances that the Torah requires that a fifth be added.

4.

Kiddushin 24a.

5.

Using it to purchase peace sacrifices or the like.

6.

For example, if the produce was worth 4, the person redeeming it must originally pay 5 and then, if he must pay an additional 1. He need not pay an additional 1.2.

7.

Because anything less than a fifth is not considered as financially significant. According to the Rambam, he must, however, redeem the produce. Rashi (Bava Metzia 54b), by contrast, maintains that it need not be redeemed at all.

8.

The Radbaz distinguishes between this instance and Chapter 4, Halachah 20, which states that when the value of produce is unknown, it should be assessed by three experts, explaining that that halachah is speaking about an instance where the produce has genuine worth, but it can only be determined by experts, not a common person. This halachah, by contrast, is speaking about an instance where its worth is not known at all.

9.

This is acceptable, for as mentioned above, after the fact, the transfer of holiness from produce to money is acceptable even if the money is not of equal worth as the produce.

10.

The Jerusalem Talmud (ma'aser Sheni 4:3) derives this concept from the exegesis of Leviticus 27:31.

11.

Since the obligation to redeem the second tithe of demai is merely Rabbinic in origin, this added stringency was not imposed.

12.

The reason why it is acceptable to use the money used to redeem other produce is explained in the following halachah and notes. This leniency is granted because the obligation to set aside the second tithe from such produce is Rabbinic in origin as stated in Chapter 2, Halachah 9. We grant him this leniency rather than require him to bring that produce to Jerusalem or to wait until he has enough other produce so that the fifth will be worth a p'rutah [Rashi (Bava Metzia 53b)].

13.

And we assume that, as a safeguard, a person will be somewhat generous in the money he sets aside in redemption of the second tithe, setting aside a little more than the worth of the produce. The holiness of the produce whose fifth is worth less than a p'rutah is transferred to that extra amount (ibid.; Radbaz).

14.

In contrast, when a person redeems consecrated money for more than its worth, the extra amount is considered as consecrated [the Jerusalem Talmud (Ma'aser Sheni 4:3)].

15.

In his Commentary to the Mishnah (Ma'aser Sheni 4:3; based on the Jerusalem Talmud), the Rambam explains that an increase in the principal is favored over a lesser amount of principal but a greater total, because there are "guileful" means to avoid paying the additional fifth as will be explained.

16.

I.e., the intent of the person's "guile" is to avoid paying the additional fifth.

17.

All three of these individuals have an independent financial capacity. Hence, they are not considered as acting on behalf of the owner.

18.

For then it appears that they are acting on his behalf.

19.

For then the other people are considered as acting on their own initiative, even though he gave them instructions. This applies even if the owner of the produce gives the other person an equivalent amount of money, but that person does not use it to redeem the produce.

20.

As indicated by Hilchot Terumah 4:5, this is speaking about an instance where the child has reached the age when his vows are significant. In such an instance, his actions are effective even with regard to matters of Scriptural Law.

21.

See Hilchot Avadim 5:3, et al.

22.

In this instance, she will ultimately have an independent financial capacity when she comes of age. Nevertheless, at present, because she is a minor, she can act on behalf of others only with regard to matters of Rabbinic Law.

23.

See Hilchot Terumah 5:14-16.

24.

See Hilchot Lulav 8:10 and Hilchot Zechiyah UMatanah 4:7 which explain that a minor can acquire for his or her self, but cannot do so on behalf of another person.

25.

Once, however, the second tithe has been separated, it cannot be given as a present - except to be eaten immediately thereafter - for it is considered as "the property of the Most High." Hence, the person who "owns" it on the earthly plane does not have the authority to give it to someone else (Chapter 3, Halachah 17, and Halachah 1 of the present chapter).

26.

In his Commentary to the Mishnah (Ma'aser Sheni 4:5), the Rambam explains that here also the owner desires to redeem the produce without paying the additional fifth. Nevertheless, we are speaking about an instance where he is in his field and does not have money at hand. Hence, none of the techniques mentioned in Halachah 8 are effective. What can he do? He can give the produce to another person and redeem it for him. Thus the produce is being redeemed by a person other than its owner at that time. Hence a fifth need not be added.

27.

I.e., even if they are partners in other matters. As Chasdei David emphasizes, this leniency does not, however, apply to the redemption of produce which is owned in partnership.

28.

When a woman marries, all of the property she owns is given to her husband to use. On the other hand, as the Rambam continues to explain, she is not the owner of the produce of the second tithe and hence, her husband also does not become its owner.

29.

Chapter 3, Halachah 17.

30.

With his own money. As mentioned in Halachah 2, a woman is never required to add a fifth when redeeming produce for herself. If, however, she redeems produce for her husband with her own money, she is required to add a fifth (Radbaz).

31.

In which instance, it is a mitzvah to delight in food and drink.

32.

As mentioned above, the second tithe must be redeemed with silver. Now gold is much more valuable than silver so that by exchanging the silver for gold, the person will be lightening his load considerably.

See Ma'aser Sheni 2:7 which states that Rabbi Akiva made such a transfer on behalf of Rabban Gamliel and Rabbi Yehoshua.

33.

As stated in Chapter 4, Halachah 5, generally, a person cannot transfer the holiness of money of the second tithe to other money, in this and the following halachah, exceptions are made for they are to the benefit of the second tithe: making the money easier to transport and to use.

34.

The addition of this word is based on the gloss of the Radbaz.

35.

I.e., a sela is a coin of relatively large value. It is easier to shop for food with smaller coins. See the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:9).

36.

As mentioned above, although generally, a person cannot transfer the holiness of money of the second tithe to other money, an exception is made here, because of the produce that is included in the transfer.

37.

The rationale is that when the produce is worth less than a dinar, it is not fit to be redeemed. (For a coin less than a dinar is small and of comparatively little value.) Hence it is to the benefit of the produce from the second tithe that the money be redeemed with it (Kessef Mishneh; based on the Jerusalem Talmud, Ma'aser Sheni 2:8).

38.

A sela is four dinarim.

Maaser Sheini - Chapter 6

1

[The following rules apply when] ordinary money and money from the second tithe become scattered [in the same place]. If he gathered from both sides, what he gathers belongs to the second tithe until he reaches the original amount and then the remainder is ordinary produce.1 If he mixed the coins together2 and grabbed a handful or gathered only from one side, he should calculate the percentage proportionately.3

What is implied? There were 200 coins of the second tithe and 100 ordinary coins. They became scattered. He mixed them and picked them all up, but found only 270, 180 are the second tithe and 90 are ordinary coins. This is the general principle. Those that are gathered are considered as the second tithe. Those that are mixed together are divided according to the percentage.

He should4 make a stipulation and say: "If those in my hand are from the second tithe, the remainder are ordinary money and if they are ordinary money, the holiness from the coins from the second tithe wherever they are is transferred to them."

א

מְעוֹת חֻלִּין וּמְעוֹת מַעֲשֵׂר שֶׁנִּתְפַּזְּרוּ וְלִקֵּט מִיכַּן וּמִיכַּן. מַה שֶּׁלִּקֵּט לִקֵּט לְמַעֲשֵׂר עַד שֶׁיַּשְׁלִים. וְהַשְּׁאָר חֻלִּין. וְאִם בָּלַל וְחָפַן אוֹ שֶׁלִּקֵּט מִצַּד אֶחָד וּמָצָא חָסֵר הֲרֵי זֶה לְפִי חֶשְׁבּוֹן. כֵּיצַד. הָיוּ מָאתַיִם מַעֲשֵׂר שֵׁנִי וּמֵאָה חֻלִּין. נִתְפַּזְּרוּ וּבְלָלָן וְחָפַן הַכּל נִמְצְאוּ מָאתַיִם וְשִׁבְעִים. הֲרֵי מֵאָה וּשְׁמוֹנִים מֵהֶן מַעֲשֵׂר וְתִשְׁעִים חֻלִּין. זֶה הַכְּלָל הַמִּתְלַקְּטִין לְמַעֲשֵׂר שֵׁנִי וְהַנִּבְלָלִין לְפִי חֶשְׁבּוֹן. מַתְנֶה וְאוֹמֵר אִם אֵלּוּ שֶׁבְּיָדִי הֵן הַמַּעֲשֵׂר הַשְּׁאָר חֻלִּין. וְאִם הֵן חֻלִּין הֲרֵי מְעוֹת הַמַּעֲשֵׂר בְּכָל מָקוֹם שֶׁהֵן מְחֻלָּלִין עֲלֵיהֶם:

2

When a sela of the second tithe becomes mixed with a sela of ordinary money, one should bring coins - even brass coins5 - worth a sela and say: "Wherever the sela of the second tithe is, its holiness is transferred to these coins." Afterwards, he should chose the better6 of the two [selaim] and transfer the holiness of the brass coins to it. Thus the better sela has been become the money of the second tithe.

ב

סֶלַע שֶׁל מַעֲשֵׂר שֵׁנִי וְשֶׁל חֻלִּיִן שֶׁנִּתְעָרְבוּ מֵבִיא בַּסֶּלַע מָעוֹת וַאֲפִלּוּ מְעוֹת נְחשֶׁת וְאוֹמֵר סֶלַע שֶׁל מַעֲשֵׂר שֵׁנִי בְּכָל מָקוֹם שֶׁהִיא מְחֻלֶּלֶת עַל הַמָּעוֹת הָאֵלּוּ. וְאַחַר כָּךְ בּוֹרֵר אֶת הַיָּפֶה שֶׁבִּשְׁתֵּיהֶן וּמְחַלֵּל הַמָּעוֹת שֶׁל נְחשֶׁת עָלֶיהָ וְתַחֲזֹר הַסֶּלַע הַיָּפָה לְמַעֲשֵׂר:

3

When [a father] tells his son: "Produce from the second tithe is found in this corner," and is found in another corner, it is ordinary produce.7 If he told him: "A maneh there,"8 and 200 were discovered, the remainder is ordinary money.9 "There are 200," and only a maneh was discovered, it is ordinary money.10 If he left a maneh and discovered 200 or 200 and discovered a maneh, the entire amount is ordinary money.11 [This applies] even if the money is found in two wallets.12

ג

הָאוֹמֵר לִבְנוֹ מַעֲשֵׂר שֵׁנִי בְּזָוִית זוֹ וְנִמְצָא בְּזָוִית אַחֶרֶת הֲרֵי אֵלּוּ חֻלִּין. אָמַר לוֹ הֲרֵי שָׁם מָנֶה וְנִמְצָא מָאתַיִם הַשְּׁאָר חֻלִּין. הֲרֵי שָׁם מָאתַיִם וְנִמְצָא מָנֶה הֲרֵי הוּא חֻלִּין. הִנִּיחַ מָנֶה מַעֲשֵׂר וְנִמְצָא מָאתַיִם. מָאתַיִם וְנִמְצָא מָנֶה. אֲפִלּוּ הֵן בִּשְׁנֵי כִּיסִין הַכּל חֻלִּין:

4

If his father told him: "I have a pouch [with produce] from the second tithe at home," and [the son] found three pouches, the greater one is [considered as containing produce from] the second tithe13 and the remainder are [considered as containing produce containing] ordinary produce. Nevertheless, he should not make use of [the produce from] the smaller pouches until he transfers their holiness to the greater one.14

ד

אָמַר לוֹ אָבִיו כִּיס מַעֲשֵׂר שֵׁנִי לִי בַּבַּיִת. הָלַךְ וּמָצָא שָׁם שְׁלֹשָׁה כִּיסִים. הַגָּדוֹל שֶׁבְּכֻלָּן מַעֲשֵׂר וְהַשְּׁאָר חֻלִּין. וְאַף עַל פִּי כֵן לֹא יֹאכַל מִן הַקְּטַנִּים עַד שֶׁיְּחַלְּלֵם עַל הַגָּדוֹל:

5

[The following laws apply when] a person loses his power of speech. If he was asked: "Is your produce from the second tithe in this-and-this place?" and he nodded his head, he should be tested three times like he is tested with regard to a bill of divorce.15 [If it is proven that he understands what he is being told,] his message has consequences.

ה

מִי שֶׁנִּשְׁתַּתֵּק וְאָמְרוּ לוֹ מַעֲשֵׂר שֵׁנִי שֶׁלְּךָ בְּמָקוֹם פְּלוֹנִי. וְהִרְכִּין בְּרֹאשׁוֹ. בּוֹדְקִין אוֹתוֹ שָׁלֹשׁ פְּעָמִים כְּדֶרֶךְ שֶׁבּוֹדְקִין לְגִטִּין וַהֲרֵי דְּבָרָיו קַיָּמִין:

6

If one was told in a dream: "The produce from the second tithe of your father that you are seeking is in this-and-this place," [the statements are of no consequence.16 This applies even] if he found the produce there like he was told. For words communicated in a dream are of no significance at all.17

ו

אָמְרוּ לוֹ בַּחֲלוֹם מַעֲשֵׂר שֵׁנִי שֶׁל אָבִיךָ שֶׁאַתָּה מְבַקֵּשׁ הֲרֵי הוּא בְּמָקוֹם פְּלוֹנִי. אַף עַל פִּי שֶׁמָּצָא שָׁם מַה שֶּׁנֶּאֱמַר לוֹ אֵינוֹ מַעֲשֵׂר. דִּבְרֵי חֲלוֹמוֹת לֹא מַעֲלִין וְלֹא מוֹרִידִין:

7

Although a person tells his sons: "Even if you are dying, do not touch [what is in] that corner,"18 if money is found there, it is considered as ordinary money.19 [Different laws apply if] he buried money in their presence and told them: "It belongs to so-and-so" or "It is from the second tithe." If it appears that he is speaking with guile,20 we do not pay attention to his words. If it appears that he is serious, his words are given weight.21

ז

הָאוֹמֵר לְבָנָיו אֲפִלּוּ אַתֶּם מֵתִים אַל תִּגְּעוּ בְּזָוִית זוֹ. וְנִמְצְאוּ שָׁם מָעוֹת הֲרֵי אֵלּוּ חֻלִּין. טָמַן מָעוֹת מִפְּנֵיהֶם וְאָמַר לָהֶם שֶׁל פְּלוֹנִי הֵן אוֹ שֶׁל מַעֲשֵׂר שֵׁנִי הֵן. אִם כְּמַעֲרִים אֵין חוֹשְׁשִׁין לִדְבָרָיו. וְאִם כְּמִתְכַּוֵּן דְּבָרָיו קַיָּמִין:

8

When a person finds a container22 with the letter mem written on it, its contents23 [are considered as] the second tithe.24 When there is a dalet written on it, its contents are considered demai; a tet, tevel; kuf, for a sacrifice. If the container was metal,25 the container and its contents were consecrated for a sacrifice. For in dangerous times,26 they would write one letter from the name [as a sign].

ח

הַמּוֹצֵא כְּלִי וְכָתוּב עָלָיו מ' הֲרֵי מַה שֶּׁבְּתוֹכוֹ מַעֲשֵׂר שֵׁנִי. ד' דְּמַאי. ט' טֶבֶל. ת' תְּרוּמָה. ק' קָרְבָּן. וְאִם הָיָה שֶׁל מַתֶּכֶת הוּא וּמַה שֶּׁבְּתוֹכוֹ קָרְבָּן. שֶׁכֵּן הָיוּ כּוֹתְבִין אוֹת אַחַת מִן הַשֵּׁם בִּשְׁעַת הַסַּכָּנָה:

9

When coins - even golden dinarim, together with silver, and [brass] coins27 - are found in Jerusalem, they are considered as ordinary money. [The rationale is that] the streets of Jerusalem are swept every day.28 If a shard upon which was written ma'aser,29 it is considered as the second tithe.30

When does the above apply? During the majority of the days of the year. On the pilgrimage festivals, by contrast, all [the money found] is considered as from the second tithe.31

ט

מָעוֹת הַנִּמְצָאוֹת בִּירוּשָׁלַיִם אֲפִלּוּ דִּינְרֵי זָהָב עִם הַכֶּסֶף וְעִם הַמָּעוֹת הֲרֵי אֵלּוּ חֻלִּין. הוֹאִיל וְשׁוּקֵי יְרוּשָׁלַיִם מִתְכַּבְּדִין בְּכָל יוֹם. מָצָא בְּתוֹכָן חֶרֶס וְכָתוּב בּוֹ מַעֲשֵׂר הֲרֵי אֵלּוּ מַעֲשֵׂר שֵׁנִי. בַּמֶּה דְּבָרִים אֲמוּרִים בִּשְׁאָר יְמוֹת הַשָּׁנָה. אֲבָל בָּרֶגֶל הַכּל מַעֲשֵׂר:

10

Money which is found in front of a seller of livestock in Jerusalem is always32 considered as from the second tithe. We operate under the assumption that the majority of the clients are bringing money from the second tithe and using it to purchase animals.33 [Money] which is found on the Temple Mount is always considered as ordinary funds. We operate under the assumption that it came from the Temple treasury and the treasurers had already transferred its holiness to an animal.34

י

מָעוֹת הַנִּמְצָאוֹת לִפְנֵי סוֹחֲרֵי בְּהֵמָה בִּירוּשָׁלַיִם לְעוֹלָם מַעֲשֵׂר. שֶׁחֶזְקַת רֹב הָעָם מְבִיאִין מְעוֹת מַעֲשֵׂר וְקוֹנִין בּוֹ בְּהֵמוֹת. וְהַנִּמְצָאוֹת בְּהַר הַבַּיִת לְעוֹלָם חֻלִּין. שֶׁחֶזְקָתָן מִתְּרוּמַת הַלִּשְׁכָּה שֶׁחִלְּלוּם הַגִּזְבָּרִין עַל בְּהֵמָה:

11

[The following rules apply when] money is found in a chest that had been used for both ordinary produce and the second tithe. If the majority of the people who placed money [in the chest placed money] from the second tithe, the money is considered as from the second tithe. If the majority placed ordinary money, the money is considered as ordinary money.35 If the ratio is half and half, the money is considered as ordinary money.36

יא

תֵּבָה שֶׁנִּשְׁתַּמֵּשׁ בָּהּ חֻלִּין וּמַעֲשֵׂר שֵׁנִי. וְנִמְצָא בְּתוֹכָהּ מָעוֹת. אִם רֹב מַנִּיחִין מַעֲשֵׂר הֲרֵי הַמָּעוֹת מַעֲשֵׂר. וְאִם רֹב מַנִּיחִין חֻלִּין חֻלִּין. מֶחֱצָה לְמֶחֱצָה חֻלִּין:

12

When one find produce between produce of the second tithe and produce that is terumah, it should be included among the type to which it is closest.37 If it is equidistant [from both], it should be eaten according to the stringencies that apply to both. Thus it is forbidden to non-priests; one must wash his hands [before partaking of it],38 and must wait until sunset [on the day of one's purification before partaking of it]39 like terumah. [Similarly,] it is forbidden to one in an acute state of mourning40 and must be brought [to Jerusalem] as required of the second tithe.

Similar principles apply with regard to coins that are found between ordinary coins and coins from the second tithe.

יב

מָצָא פֵּרוֹת בֵּין פֵּרוֹת מַעֲשֵׂר לְפֵרוֹת תְּרוּמָה יִפְּלוּ לַקָּרוֹב. מֶחֱצָה לְמֶחֱצָה יֵאָכְלוּ כְּחֻמְרֵי שְׁנֵיהֶן. אֲסוּרִין לְזָרִים וּטְעוּנִין רְחִיצַת יָדַיִם וְהַעֲרֵב שֶׁמֶשׁ כִּתְרוּמָה. וַאֲסוּרִים לְאוֹנֵן וּטְעוּנִים הֲבָאַת מָקוֹם כְּמַעֲשֵׂר. וְכֵן הַמָּעוֹת הַנִּמְצָאוֹת בֵּין חֻלִּין לְמַעֲשֵׂר:

13

When produce that is from the second tithe of demai and produce that is definitely from the second tithe are mixed together, [the mixture] must be eaten according to the more stringent requirements.41

יג

מַעֲשֵׂר שֵׁנִי שֶׁל דְּמַאי וְשֶׁל וַדַּאי שֶׁנִּתְעָרְבוּ יֵאָכְלוּ כְּחָמוּר שֶׁבָּהֶן:

14

When produce from the second tithe becomes mixed with ordinary produce, [the mixture] should be eaten in a state of ritual purity in Jerusalem or the second tithe should be redeemed. Therefore if such a mixture takes place in Jerusalem,42 even the smallest amount of the same species43 becomes forbidden [to be eaten as ordinary produce]. Since the produce is in Jerusalem, it is considered as an entity that can be permitted44 and should be eaten in a state of ritual purity.

יד

פֵּרוֹת מַעֲשֵׂר שֶׁנִּתְעָרְבוּ בְּפֵרוֹת חֻלִּין יֹאכַל הַכּל בְּטָהֳרָה בַּמָּקוֹם אוֹ יִפְדֶּה אֶת הַמַּעֲשֵׂר. לְפִיכָךְ אִם נִתְעָרְבוּ בִּירוּשָׁלַיִם אֲסוּרִין בְּכָל שֶׁהֵן כְּמִנְיָן. הוֹאִיל וְהוּא בִּירוּשָׁלַיִם הֲרֵי הוּא כְּדָבָר שֶׁיֵּשׁ לוֹ מַתִּירִין. וְיֵאָכֵל הַכּל בְּטָהֳרָה:

15

When a person sows produce from the second tithe after it had entered Jerusalem,45 the produce which grows is considered as produce from the second tithe.46 If he sows it before it enters Jerusalem,47 the produce which grows is considered as ordinary produce even if its seed does not decompose. [Preferably, however,] it should be redeemed at the time it was sown.48

טו

הַזּוֹרֵעַ מַעֲשֵׂר שֵׁנִי אַחַר שֶׁנִּכְנַס לִירוּשָׁלַיִם הַגִּדּוּלִים מַעֲשֵׂר שֵׁנִי. זְרָעוֹ קֹדֶם שֶׁיִּכָּנֵס הַגִּדּוּלִין חֻלִּין. וַאֲפִלּוּ בְּדָבָר שֶׁאֵין זַרְעוֹ כָּלֶה. וּפוֹדִין אוֹתוֹ בִּשְׁעַת זְרִיעָתוֹ:

16

When produce from the second tithe is mixed with other substances, it is considered as nullified when mixed with a simple majority.49

To which produce from the second tithe does this apply? To produce that entered Jerusalem and then departed from there and afterwards, the walls of the city fell. Thus it is impossible to return it to [the holy city] and it is impossible to redeem since it has already entered that place. [This applies] even though [its fifth] is not worth a p'rutah.50 It is a substance that has no way to be permitted and is therefore nullified by a simple majority, as stated in Hilchot Issurei Ma'achalot.51

טז

מַעֲשֵׂר שֵׁנִי בָּטֵל בְּרֹב. בְּאֵיזֶה מַעֲשֵׂר אָמְרוּ בְּמַעֲשֵׂר שֶׁנִּכְנַס לִירוּשָׁלַיִם וְיָצָא וְנָפְלוּ מְחִצּוֹת. שֶׁהֲרֵי אֵין שָׁם מְחִצּוֹת לְהַחֲזִירוֹ לְשָׁם וְאִי אֶפְשָׁר לִפְדּוֹתוֹ מֵאַחַר שֶׁנִּכְנַס וְאַף עַל פִּי שֶׁאֵין בּוֹ שְׁוֵה פְּרוּטָה וְנִמְצָא דָּבָר שֶׁאֵין לוֹ מַתִּירִין וּבָטֵל בְּרֹב כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת אִסּוּרֵי מַאֲכָלוֹת:

Footnotes
1.

And if some coins are lost, the loss is deducted from the ordinary coins [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:5)]. The rationale is that it is possible that the coins of only one type were lost. As a stringency, we assume that it was the ordinary coins that were lost.

2.

Before they fell (ibid.).

3.

Since they were all mixed together, it is not likely that the loss was suffered by one type of coin alone.

The Radbaz maintains that even if the coins were mixed together after they fell, the money should be divided proportionally, because there is no way of knowing which type of coins one has in hand.

4.

This applies in both instances, whether they are scattered or mixed together [the Rambam's Commentary to the Mishnah (ibid.)].

5.

It is, however, preferable to use silver (Radbaz). The Meiri differs and maintains that it is preferable to redeem the coins with brass.

6.

As mentioned previously, in that time, the mintage of coins were not entirely standard and sometimes there were some fluctuations of weight. Also, some coins could have been affected by wear and tear.

7.

Since it was not found in the place where he told him it was located, we assume that the produce from the second tithe was lost and this is new produce.

8.

100 silver pieces.

9.

I.e., we assume that his father did not mention the ordinary money that was there, but rather informed him only of the money that was from the second tithe, because only those funds were important from a ritual perspective.

10.

We assume that the money from the second tithe was taken and that these are different funds.

11.

Since the amount he discovered was not the same amount that he put there, we assume that the original funds were taken and that these are new funds. In this instance, the person placed the funds there himself. Hence, there is a difference between this instance and the first case in which he was conveyed the information by his father.

The Ra'avad notes that the Rambam's ruling appears to be a departure from the ruling of the Mishnah (Ma'aser Sheni 4:12) which states that all of the 100 are the second tithe. The Kessef Mishneh explains that the Rambam's ruling is based on Beitzah 10b which follows this line of thinking.

12.

In such an instance, one would have reason to think that one wallet contains the money that is the second tithe and the other ordinary money.

13.

This is a stringency since it was not known which of the pouches contained the produce of the second tithe.

14.

Lest in fact it had been the smaller ones that contain the produce from the second tithe.

15.

See Hilchot Gerushin 2:16 which explains that a person who has lost his ability to speak, but is of sound mind is asked three questions which require different answers, i.e., two positive and one negative or vice versa. If he answers them correctly, the court concludes that he is mentally sound and continues asking him concerning the bill of divorce. See also Hilchot Mechirah 29:3.

16.

And the produce is considered as ordinary produce.

17.

See Hilchot Zechiyah UMatanah 10:7.

18.

I.e., "even if you are dying of hunger do not take the money to spend on your own needs."

19.

I.e., we do not say that the father meant that the money was from the second tithe and should not be used for ordinary purposes.

20.

So that he does not appear to be rich or so that his sons don't waste the money immediately.

21.

See also Hilchot Zechiyah UMatanah 10:5.

22.

An earthenware container, as indicated by the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:10).

23.

Either money or produce.

24.

The mem stands for ma'aser, "tithes." We do not think that the intent is the first tithe or the tithe for the poor, for the consumption of these is not restricted to a specific group.

25.

In which instance, the container itself has value and we assume he consecrated it as well. In contrast, an earthenware container is not valuable and would not be consecrated.

26.

I.e., in the era of Roman persecution when the Romans tried to stamp out the observance of the mitzvot and the Jews were afraid to write out the entire word.

27.

Such a mixture might give the impression that this money was set aside for the second tithe, for generally people do not hold different types of coins together (Rav Yosef Corcus).

28.

Generally, we assume that the money found in Jerusalem is ordinary money, because during the majority of the year, there are not that many pilgrims there. Thus we assume that the money fell from one of the inhabitants of Jerusalem. One might, however, object and say that perhaps the money fell from one of the pilgrims during the festivals (see below), but was not discovered until afterwards. Our Sages (Bava Metzia 26a) resolve that query by explaining that since - as a precaution, to remove dead lizards or other objects that impart ritual impurity - the streets of Jerusalem are swept every day, we can assume that any money lost on the festivals would already have been discovered and these are ordinary funds.

29.

"Tithes," i.e., the second tithe, for it is the only money of the tithes that may not be used in an ordinary manner.

30.

We do not suspect that perhaps the person was carrying ordinary money and the shard from a container in which he had once stored money from the second tithe [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:9)].

31.

For then the majority of people in Jerusalem are pilgrims. They bring the money from the second tithes that they collected throughout the year to purchase food in Jerusalem. Thus at that time, most of the money circulating in Jerusalem is from the second tithe.

32.

I.e., not only during the pilgrimage festivals, but throughout the year.

33.

Animals could be purchased with the funds from the second tithe and this indeed was the practice of the majority of the pilgrims [see the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)]. Even during the remainder of the year, there were some pilgrims who came to Jerusalem and they were the majority of the purchasers of animals for slaughter.

34.

People were not allowed to bring money to the Temple Mount (Hilchot Beit HaBechirah 7:2). Hence it is most likely that the money found there came from the Temple treasury. Now the priests would not take the money from the Temple treasury until they transferred its holiness to an animal. Hence we can assume that the holiness of the money had already been transferred and the status of the money found was ordinary [see the Rambam's Commentary to the Mishnah (Shekalim 7:2)].

35.

The Kessef Mishneh notes that this situation is discussed in greater detail in Pesachim 7a and questions why the Rambam does not cite all the particulars mentioned there.

36.

The Ra'avad states that we should rule stringently and consider the majority as from the second tithe. The Radbaz also suggests that they should be considered as from the second tithe and redeemed for other money.

37.

See parallels in Hilchot Shekalim 3:15; Hilchot Gezeilah ViAveidah 15:18.

38.

As required by Hilchot Terumah 11:7.

39.

See ibid. 7:2.

40.

See Chapter 2, Halachah 1.

41.

The Radbaz states that this is also speaking about a situation where the mixed produce is equidistant from the other two. Chasdei David emphasizes that the Rambam does not say "according to the stringencies that apply to both," because there are no stringencies in the laws applying to the second tithe of demai over produce that is definitely from the second tithe. The stringencies applying to produce that is definitely from the second tithe are mentioned in Chapter 3, Halachot 8-9, Chapter 5, Halachah 4, and Chapter 11, Halachah 8.

42.

Where it is forbidden to redeem produce from the second tithe (Chapter 2, Halachah 8).

43.

Our translation differs from the standard published text of the Mishneh Torah and is based on authoritative manuscripts and early printings. Note the Kessef Mishneh which offers an alternative explanation.

See Hilchot Ma'achalot Assurot 15:12 which states that the stringency governing an entity that can be permitted applies only to mixtures of the same species.

44.

Therefore, the produce of the second tithe is not nullified regardless of the amount of ordinary progress present. Therefore, since the mixture is located in Jerusalem, no prohibition will be violated in its consumption, provided – as the Rambam continues – the entire mixture will be eaten in a state of ritual purity.

45.

When it can no longer be redeemed.

46.

And must be treated with all the restrictions incumbent on such produce. This applies even if the seed from which the produce grows decomposes.

47.

At which point it can still be redeemed.

48.

Preferably, one should redeem it so that one is not nullifying a prohibition by leaving it in the ground, for this should not be done as an initial preference (Hilchot Ma'achalot Assurot 16:12). After the fact, however, the prohibition is nullified.

49.

As opposed to other prohibited substances that require 60 or more times the amount of the prohibited substance.

50.

In which instance, the obligation to separate the second tithe is merely Rabbinic in origin (see Chapter 2, Halachah 9, and notes).

51.

Hilchot Ma'achalot Assurot 15:11 places restrictions on nullifying substances that can become permitted. Implied is that if a substance cannot become permitted, no such restrictions apply.

Maaser Sheini - Chapter 7

1

Produce that was purchased with money from the second tithe1 should not be redeemed outside Jerusalem unless they contracted ritual impurity from a primary source of ritual impurity. Instead, they should be brought to Jerusalem and eaten there.

א

פֵּרוֹת הַנִּלְקָחוֹת בְּכֶסֶף מַעֲשֵׂר שֵׁנִי אֵינָן נִפְדִּין בְּרִחוּק מָקוֹם אֶלָּא אִם כֵּן נִטְמְאוּ בְּאַב הַטֻּמְאָה אֶלָּא יַעֲלוּ הֵן עַצְמָן וְיֵאָכְלוּ בִּירוּשָׁלַיִם:

2

This is the stringency of produce purchased with money from the second tithe over the produce of the second tithe itself. If, however, it contracted ritual impurity from a secondary source of ritual impurity,2 it should be redeemed and eaten in Jerusalem.3

ב

זֶה חֹמֶר בְּלָקוּחַ בְּכֶסֶף מַעֲשֵׂר מִפֵּרוֹת מַעֲשֵׂר עַצְמָן. וְאִם נִטְמָא בִּוְלַד הַטֻּמְאָה מִדִּבְרֵיהֶם יִפָּדוּ וְיֵאָכְלוּ בִּירוּשָׁלַיִם:

3

Money from the second tithe should be used only to purchase food for humans4 that grows from the earth or grows from the products of the earth, e.g., those entities explicitly mentioned in the Torah [Deuteronomy 14:26]: "Cattle, sheep,5 wine, and strong drink."

ג

אֵין נִלְקָח בְּכֶסֶף מַעֲשֵׂר אֶלָּא מַאֲכַל אָדָם שֶׁגִּדּוּלָיו מִן הָאָרֶץ. אוֹ גִּדּוּלֵי גִּדּוּלָיו מִן הָאָרֶץ. כְּגוֹן הַפְּרָט הַמְפֹרָשׁ בַּתּוֹרָה (דברים יד כו) "בַּבָּקָר וּבַצֹּאן וּבַיַּיִן וּבַשֵּׁכָר":

4

For this reason, we do not purchase water, salt,6 truffles, and mushrooms7 with money from the second tithes, because they are not products of the earth. Similarly, one should not purchase produce that is attached to the earth or produce that cannot be brought to Jerusalem,8 because this does not resemble cattle and sheep.9

ד

לְפִיכָךְ אֵין לוֹקְחִין בְּכֶסֶף מַעֲשֵׂר מַיִם וּמֶלַח כְּמֵהִין וּפִטְרִיּוֹת לְפִי שֶׁאֵין גִּדּוּלֵיהֶם מִן הָאָרֶץ. וְלֹא פֵּרוֹת מְחֻבָּרִין לַקַּרְקַע. וְלֹא פֵּרוֹת שֶׁאֵינָן יְכוֹלִים לְהַגִּיעַ לִירוּשָׁלַיִם. לְפִי שֶׁאֵינָן דּוֹמִין לְבָקָר וָצֹאן:

5

Honey, eggs, and milk are considered like cattle and sheep. Even though they are not products of the earth, they are the products of its products.10

ה

הַדְּבַשׁ וְהַבֵּיצִים וְהֶחָלָב הֲרֵי הֵן כְּבָקָר וָצֹאן שֶׁאַף עַל פִּי שֶׁאֵינָן גִּדּוּלֵי קַרְקַע הֲרֵי הֵן גִּדּוּלֵי גִּדּוּלֶיהָ:

6

A mixture of water and grapes11 that has not turned to vinegar should not be purchased with money from the second tithe, because it is like water. Once it turns to vinegar, it can be purchased [with these funds] like wine or strong drink.12 If one purchased it before it fermented and then it fermented, it is acquired by the second tithe.13

ו

הַתֶּמֶד עַד שֶׁלֹּא הֶחְמִיץ אֵינוֹ נִלְקָח בְּכֶסֶף מַעֲשֵׂר מִפְּנֵי שֶׁהוּא כְּמַיִם. וּמִשֶּׁהֶחְמִיץ נִלְקָח כַּיַּיִן וּכְשֵׁכָר. לְקָחוֹ עַד שֶׁלֹּא הֶחְמִיץ וְהֶחֱמִיץ קָנָה מַעֲשֵׂר:

7

When does the above14 apply? When one mixed three units of water and received less than a fourth unit of the mixture. If, however, one mixed three units and received four,15 the mixture is considered as diluted wine and may be purchased with money from the second tithe.

ז

בַּמֶּה דְּבָרִים אֲמוּרִים בְּנָתַן שְׁלֹשָׁה מַיִם וּמָצָא פָּחוֹת מֵאַרְבָּעָה. אֲבָל אִם נָתַן שְׁלֹשָׁה וְהוֹצִיא אַרְבָּעָה הֲרֵי זֶה כְּיַיִן מָזוּג וְנִלְקָח בְּכֶסֶף מַעֲשֵׂר:

8

Buds from branches16 and carob trees17 before they become sweet may not be purchased [with money from the second tithe].18 After they become sweet, they may be purchased [with those funds]. But luf,19 mustard, vetch, and other produce that is pickled may be purchased [with these funds], whether they have already become sweet or not.20 Date hearts21 may be purchased with money from the second tithe.

ח

לוּלְבֵי זְרָדִין וְהֶחָרוּבִין עַד שֶׁלֹּא יַמְתִּיקוּ אֵין נִלְקָחִין. אַחַר שֶׁיַּמְתִּיקוּ נִלְקָחִין. אֲבָל הַלּוּף וְהַחַרְדָּל וְהַתֻּרְמוּסִין וּשְׁאָר כָּל הַנִּכְבָּשִׁים בֵּין מִשֶּׁיַּמְתִּיקוּ בֵּין עַד שֶׁלֹּא הִמְתִּיקוּ נִלְקָחִין. וְהַקּוֹר נִלְקָח בְּכֶסֶף מַעֲשֵׂר:

9

Safron may not be purchased [with these funds], for it serves only as a coloring. Similar laws apply in all analogous situations involving herbs that provide an aroma, color, or taste. Since these herbs are not [included] in foods to be eaten for their substance, only for their flavor, they should not be purchased with money from the second tithe. Therefore spices,22 pepper, costus, chiltit,23 safflower, and the like may not be purchased with money from the second tithes.

ט

הַכַּרְכּוֹם אֵינוֹ נִלְקָח שֶׁאֵינוֹ אֶלָּא לְמַרְאֶה. וְכֵן כָּל כַּיּוֹצֵא בּוֹ מִנּוֹתְנֵי רֵיחַ וּמַרְאֶה וְטַעַם הוֹאִיל וְאֵינָן לַאֲכִילַת גּוּפָן אֶלָּא לְטַעַם שֶׁנּוֹתְנִין אֵינָן נִלְקָחִין בְּכֶסֶף מַעֲשֵׂר. לְפִיכָךְ רָאשֵׁי בְּשָׂמִים וְהַפִּלְפְּלִין וְהַקֹּשְׁטְ וְהַחִלְתִּית וְחַלּוֹת חֲרִיעַ וְכָל כַּיּוֹצֵא בָּאֵלּוּ אֵינָן נִלְקָחִין בְּכֶסֶף מַעֲשֵׂר:

10

Anise, when used to flavor a cooked dish, should not be purchased with money from the second tithe. If it is used for a dip24 or the like, in which instance, it is part of the food itself, it can be purchased with money from the second tithe.25 If one mixed water and salt and put oil into it, it is considered as brine and may be purchased with money from the second tithe. The cost of the water and the salt should be included in the cost of the oil.26

י

הַשֶּׁבֶת אִם לִתֵּן טַעַם בִּקְדֵרָה אֵינָהּ נִלְקַחַת בְּכֶסֶף מַעֲשֵׂר. וְאִם לִכְמַךְ וְכַיּוֹצֵא בּוֹ שֶׁהוּא אוֹכֵל גּוּפָהּ נִלְקַחַת בְּכֶסֶף מַעֲשֵׂר. עֵרֵב מַיִם וּמֶלַח אִם נָתַן לְתוֹכוֹ שֶׁמֶן הֲרֵי הֵן כְּמֻרְיָס וְלוֹקֵחַ מֵהֶן בְּכֶסֶף מַעֲשֵׂר. וּמַבְלִיעַ דְּמֵי הַמַּיִם וְהַמֶּלַח בִּדְמֵי הַשֶּׁמֶן:

11

One may not use money of Maaser Sheni to purchase produce that is terumah,27 because by doing so, one limits the consumption of both [the terumah] and [the second tithe]. For terumah may only be eaten by priests on the evening [after they immersed themselves].28 It is permitted to those in the acute state of onein mourning and can be eaten in any place.29 The second tithe, by contrast, is permitted to non-priests and those who immersed themselves that day.30 It is forbidden to one in the acute state of onein mourning and must be eaten in Jerusalem. Thus, [by purchasing terumah with such funds,] one restricts the consumption of the second tithe and the consumption of terumah.31

יא

אֵין לוֹקְחִין תְּרוּמוֹת בְּכֶסֶף מַעֲשֵׂר מִפְּנֵי שֶׁהוּא מְמַעֵט אֲכִילָתוֹ וַאֲכִילָתָהּ. שֶׁאֵין אוֹכְלִין אוֹתָהּ אֶלָּא כֹּהֲנִים מְעֹרְבֵי שֶׁמֶשׁ וּמֻתֶּרֶת לְאוֹנֵן וְנֶאֱכֶלֶת בְּכָל מָקוֹם. וְהַמַּעֲשֵׂר מֻתָּר לְזָרִים וְלִטְבוּל יוֹם וְאָסוּר לְאוֹנֵן וְאֵינוֹ נֶאֱכָל אֶלָּא בִּירוּשָׁלַיִם. נִמְצָא מְמַעֵט אֲכִילַת מַעֲשֵׂר וַאֲכִילַת הַתְּרוּמָה:

12

A domesticated animal to be offered as a peace offering may be purchased32 from the money of the second tithes,33 since peace offerings may be eaten by non-priests. At the outset, [pilgrims] would purchase animals with the money of the second tithe to partake of them as ordinary meat so that they would not be offered on the altar.34 [Hence,] the court decreed that one could not use these funds to purchase a domesticated animal unless it was brought as a peace offering. One may, however, use these funds to purchase non-domesticated animals35 or fowl, for these are unfit for peace offerings.

יב

לוֹקְחִין בְּהֵמָה לְזִבְחֵי הַשְּׁלָמִים מִכֶּסֶף הַמַּעֲשֵׂר. שֶׁהַשְּׁלָמִים נֶאֱכָלִים לְזָרִים. בָּרִאשׁוֹנָה הָיוּ לוֹקְחִין בְּהֵמוֹת לְאָכְלָן חֻלִּין מִכֶּסֶף מַעֲשֵׂר שֵׁנִי כְּדֵי לְהַבְרִיחָם מֵעַל הַמִּזְבֵּחַ. גָּזְרוּ בֵּית דִּין שֶׁאֵין לוֹקְחִין בְּהֵמָה מִמְּעוֹת מַעֲשֵׂר אֶלָּא לִשְׁלָמִים. אֲבָל חַיָּה וְעוֹף לוֹקְחִין שֶׁאֵינָן רְאוּיִין לִשְׁלָמִים:

13

The produce of the Sabbatical year may not be purchased with money from the second tithes, because there is an obligation to destroy it, as will be explained.36

יג

אֵין לוֹקְחִין פֵּרוֹת שְׁבִיעִית בְּכֶסֶף מַעֲשֵׂר. לְפִי שֶׁהוּא חַיָּב לְבַעֵר כְּמוֹ שֶׁיִּתְבָּאֵר:

14

When a person purchases salt, produce that is still attached [to the ground], or produce that cannot be brought to Jerusalem,37 they are not acquired by the second tithe38 even though the money is now considered as ordinary funds.39

יד

הַלּוֹקֵחַ מַיִם וּמֶלַח אוֹ פֵּרוֹת מְחֻבָּרִין אוֹ פֵּרוֹת שֶׁאֵינָן יְכוֹלִין לְהַגִּיעַ לִירוּשָׁלַיִם לֹא קָנָה הַמַּעֲשֵׂר אַף עַל פִּי שֶׁיָּצְאוּ הַמָּעוֹת לְחֻלִּין:

15

When a person inadvertently purchases produce outside of Jerusalem with money from the second tithe,40 the seller is compelled to return the money to the owner41 and it is considered as the second tithe as it was originally.42 If he makes the purchase intentionally,43 the produce he purchased must be taken to Jerusalem and eaten there.44 [In the age when] the Temple no longer exists,45 they should be put aside until they rot.46

טו

הַלּוֹקֵחַ פֵּרוֹת חוּץ לִירוּשָׁלַיִם בְּכֶסֶף מַעֲשֵׂר. בְּשׁוֹגֵג כּוֹפִין אֶת הַמּוֹכֵר לְהַחֲזִיר הַדָּמִים לַבְּעָלִים וְהֵן מַעֲשֵׂר כְּמוֹת שֶׁהָיוּ. בְּמֵזִיד יַעֲלוּ הַפֵּרוֹת וְיֵאָכְלוּ בִּירוּשָׁלַיִם. וְאִם אֵין מִקְדָּשׁ יַנִּיחֵם עַד שֶׁיֵּרָקְבוּ:

16

Similarly, a domesticated animal47 should not be purchased with money from the second tithe outside of Jerusalem. If one purchased it unknowingly, the money should be returned to its [owner]. If it was done intentionally, it should be brought to Jerusalem and eaten there. [In the age when] the Temple no longer exists, [the animal] and its hide should be buried.48

טז

וְכֵן אֵין לוֹקְחִין בְּהֵמָה בְּכֶסֶף מַעֲשֵׂר חוּץ לִירוּשָׁלַיִם. וְאִם לָקַח בְּשׁוֹגֵג יַחְזְרוּ הַדָּמִים לִמְקוֹמָן. בְּמֵזִיד תַּעֲלֶה וְתֵאָכֵל בִּירוּשָׁלַיִם. וְאִם אֵין מִקְדָּשׁ תִּקָּבֵר הִיא וְעוֹרָהּ:

17

[The following laws apply when] one purchases servants, land, or an unkosher animal, whether intentionally or unintentionally,49 [with money from the second tithe]. If the seller fled,50 [the purchaser] should [purchase food] with the amount of money he spent and eat it in Jerusalem under the restrictions applying to the second tithe. This is the general principle: If the seller fled or died, whenever one spent the money of the second tithe on matters other than food, drink, and daubs, he must partake of an equivalent [value of food in Jerusalem]. If the seller was present, the money should be returned to [the original owner].51 Similarly, if a person brought burnt offerings, sin offerings, or guilt offerings from the money of the second tithe,52 he must partake of an equivalent [value of food in Jerusalem].53

יז

לָקַח עֲבָדִים וְקַרְקָעוֹת וּבְהֵמָה טְמֵאָה בֵּין בְּמֵזִיד בֵּין בְּשׁוֹגֵג אִם בָּרַח הַמּוֹכֵר הֲרֵי זֶה יֵאָכֵל כְּנֶגֶד אוֹתָן הַמָּעוֹת בִּירוּשָׁלַיִם בְּתוֹרַת מַעֲשֵׂר. זֶה הַכְּלָל כָּל שֶׁהוֹצִיא חוּץ לַאֲכִילָה וּשְׁתִיָּה וְסִיכָה מִדְּמֵי מַעֲשֵׂר וּבָרַח הַמּוֹכֵר אוֹ מֵת יֵאָכֵל כְּנֶגְדּוֹ. וְאִם הָיָה הַמּוֹכֵר קַיָּם יַחְזְרוּ הַדָּמִים לִמְקוֹמָן. וְכֵן אִם הֵבִיא עוֹלוֹת וְחַטָּאוֹת וַאֲשָׁמוֹת מִדְּמֵי מַעֲשֵׂר יֹאכַל כְּנֶגְדָּן:

18

When a person [used money from the second tithe to] purchase a non-domesticated animal for a peace offering54 or a domesticated animal to be eaten as ordinary meat,55 it is as if he [used it to] purchase an ox for plowing and the animal is not designated as a peace offering.56 If he purchased a domesticated animal to be offered as a peace offering and it became blemished, the holiness of the second tithe leaves it. It should be redeemed57 and the funds are not considered as money from the second tithe. Nevertheless, if he redeems it himself,58 he must add a fifth of its value.59

יח

לָקַח חַיָּה לְזִבְחֵי שְׁלָמִים. וּבְהֵמָה לִבְשַׂר תַּאֲוָה. הֲרֵי זֶה כְּמִי שֶׁקָּנָה שׁוֹר לַחֲרִישָׁה וְלֹא קָנָה שְׁלָמִים. לָקַח בְּהֵמָה לִשְׁלָמִים וְנָפַל בָּהּ מוּם פָּקְעָה מִמֶּנָּה קְדֻשַּׁת מַעֲשֵׂר וּפוֹדֶה אוֹתָהּ. וְאֵין הַדָּמִים מַעֲשֵׂר. וְאַף עַל פִּי כֵן אִם פְּדָאָהּ לְעַצְמוֹ מוֹסִיף חֹמֶשׁ:

19

When one consecrates money from the second tithe for [the purpose of purchasing] a peace offering, the consecration is not effective,60 for the sanctity of the peace offering does not encompass [an entity already] sanctified to the second tithe. For the second tithe is the property of the Most High.61 Needless to say, this applies if he consecrates the produce of the second tithe itself for the purpose of purchasing] a peace offering, the consecration is not effective.

יט

הַמַּתְפִּיס מְעוֹת מַעֲשֵׂר לִשְׁלָמִים לֹא קָנוּ שְׁלָמִים. שֶׁקְּדֻשַּׁת שְׁלָמִים אֵינָהּ חָלָה עַל קְדֻשַּׁת מַעֲשֵׂר. שֶׁהַמַּעֲשֵׂר מָמוֹן גָּבוֹהַּ הוּא. וְאֵין צָרִיךְ לוֹמַר אִם הִתְפִּיס הַמַּעֲשֵׂר עַצְמָן לִשְׁלָמִים שֶׁלֹּא קָנוּ שְׁלָמִים:

20

[The following laws apply when a person] partakes of entities consecrated to the second tithe as ordinary produce [outside of Jerusalem], even intentionally. If he partook of the produce from the second tithe itself, he should cry out to heaven.62 If he [used] money from the second tithe [to purchase other food that] he ate, the money should be returned to its [owner]63 and he should bring them to Jerusalem and partake of them there. Alternatively, if the money cannot be returned, he should [purchase food] with the amount of money he spent and eat it in Jerusalem.

כ

הָאוֹכֵל מַעֲשֵׂר שֵׁנִי בְּתוֹרַת חֻלִּין אֲפִלּוּ בְּמֵזִיד אִם פֵּרוֹת הַמַּעֲשֵׂר עַצְמָן אָכַל יָצָא יְדֵי שָׁמַיִם. וְאִם כֶּסֶף מַעֲשֵׂר אָכַל יַחְזְרוּ דָּמִים לִמְקוֹמָם וְיַעֲלוּ וְיֵאָכְלוּ בִּירוּשָׁלַיִם. אוֹ יֹאכַל כְּנֶגְדָּן בִּירוּשָׁלַיִם אִם אֵין יָכוֹל לְהַחֲזִיר אֶת הַדָּמִים:

Footnotes
1.

The rationale is that since the produce was redeemed once, it should not be redeemed a second time.

2.

Our translation follows authoritative manuscripts and early printings. The standard printed text of the Mishneh Torah adds the phrase "because of Rabbinic decree."

3.

The rules governing this produce have a double dimension of severity. Since according to Scriptural Law, this produce is ritually pure, our Sages were stringent and required it to be brought to Jerusalem and eaten there. Nevertheless, to support their decree of ritual impurity, they also required that it be redeemed (Kessef Mishneh).

4.

I.e., and not animal fodder.

5.

I.e., these types of livestock do not grow from the earth, but they derive their nature by pasturing on the earth's products.

6.

Moreover, even if water and salt are mixed together with produce, that produce should not be purchased with money from the second tithes (Radbaz). See Halachah 14 with regard to such purchases.

7.

Truffles and mushrooms do not have roots and do not derive nurture from the earth.

8.

I.e., it will spoil in the course of the journey.

9.

Which are detached entities that can make the journey to Jerusalem without being spoiled.

10.

Eggs and milk are animal products and the animals receive their nurture from the earth and honey is actually the sap of flowers.

11.

In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that timed is made by mixing grape dregs with water and leaving it to turn into vinegar.

12.

For the water originally included in it is not considered significant.

13.

The Radbaz explains that when the transaction was first made, it was invalid. Hence, the money remained holy. Afterwards, when the mixture turns into vinegar, the transaction is completed and the holiness of the money is transferred. Rashi (Chulin 25b) offers a different explanation.

14.

I.e., the restriction against purchasing a mixture of grape dregs and water with money from the second tithe.

15.

And thus the water drew out a significant amount of grape juice from the dregs.

16.

In his Commentary to the Mishnah (Shvi'it 7:5; Uktzin 3:4), the Rambam explains that branches of shrubs that grow in vineyards are pickled in brine while they are still soft and then eaten. They are, nevertheless, not eaten by all people and the money from the second tithe may only be used to purchase food.

17.

This refers to branches of the carob tree, because the carobs themselves are considered as food, as stated in Chapter 1, Halachah 3.

18.

Because in this state, they are not fit to be eaten.

The commentaries have noted that the Rambam's ruling in Hilchot Shabbat 18:6 implies the direct opposite: that before they become sweet, they are considered as food for humans and after they become sweet, they are considered as food for animals. This issue is discussed by the later commentaries.

19.

A sub-species of the onion family.

20.

Since these species are more commonly eaten, they are considered as food even though they are not yet fit to be to eaten.

21.

In his Commentary to the Mishnah (Uktzin 3:4), the Rambam defines this term as referring to the tip of the date palm which is like dried cheese and is eaten by people.

22.

In his Commentary to the Mishnah (ibid.:5), the Rambam gives cinnamon, nutmeg, spikenard, and other similar species as examples.

23.

A sharp and pungent herb.

24.

This refers to a mixture of milk and bread crumbs referred to in the Talmud as kutach.

25.

See Hilchot Tuma'at Ochalin 1:7 which makes similar statements with regard to anise.

26.

For in truth, only the oil can be purchased with the money of the second tithe. Nevertheless, the water and the salt are considered as subordinate to the oil and hence, can be included in its price.

27.

The Rambam uses a plural term for terumah, for he includes both the great terumah and terumat ma'aser in this prohibition.

28.

See Hilchot Terumah 7:2. Needless to say, it may also be eaten by priests who were ritually impure and who did not need to immerse themselves, but the Rambam is mentioning the aspect of the laws in which it differs from the second tithe, as he proceeds to state.

29.

As indicated by the following clause, the second tithe differs from terumah in all these matters.

30.

The second tithe must also be eaten in a state of ritual purity. Nevertheless, in contrast to terumah, it may be eaten directly after one immerses oneself in a mikveh. He need not wait until the evening.

31.

And it is forbidden to restriction the consumption of sacred foods. See Hilchot Pesulei HaMukdashin 6:12 and Hilchot Ma'aseh HaKorbanot 10:10.

32.

In Jerusalem. See Halachah 16 and Chapter 4, Halachah 6.

33.

See the Commentary of Rav Ovadiah of Bartenura to Ma'aser Sheni 1:2 which states that the fundamental mitzvah is to use the money from the second tithe to purchase peace offerings.

34.

For by offering them on the altar, they would have to give certain portions of the meat to the priests.

35.

E.g., deer. Our Sages did not include the purchase of these animals in their decree.

36.

See Hilchot Shemitah VeYoval 7:1 which explains that after the Sabbatical year, the produce that remains must be destroyed. Thus by purchasing this produce with funds from the second tithe, one would be reducing its use.

37.

All of these should not be purchased with money from the second tithe as stated in Halachah 4.

38.

The holiness of the money of the second tithe is not transferred to them.

39.

The Ra'avad challenges the Rambam's ruling, maintaining that the holiness of the second tithe remains associated with the money and the seller must return it to the purchaser. The Radbaz explains that the Rambam derives his ruling from the wording of the Mishnah (Ma'aser Sheni 1:5). There the Mishnah has two clauses: one quoted in this halachah which states that that the items are not acquired and one quoted in the following halachah which states that the money should be returned. The variance in wording indicates that there is a difference in law. The Radbaz states, however, that the Rambam would agree that the holiness of the funds of the second tithe is not nullified entirely. Instead, the purchaser must eat an equivalent amount of food in Jerusalem keeping all the restrictions applying to the produce of the second tithe. See Halachah 17.

40.

I.e., he purchased produce with money from the second tithe without knowing that he used such funds.

41.

The produce purchased does not receive the holiness of the second tithe, but instead, must be returned to the seller [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:5)].

42.

Rav Ovadiah of Bartenura explains that since he made the purchase inadvertently, it is as if the transaction was conducted in error and hence it is nullified.

43.

I.e., knowing that he was using money from the second tithe.

44.

The transaction is binding and the purchaser is compelled to treat the produce he purchased as produce of the second tithe.

45.

See Chapter 2, Halachah 1.

46.

Since the transaction is binding, the produce receives that holiness and hence, may not be used for any other purpose.

47.

We are speaking about a kosher animal that does not have a blemish and hence is fit to be offered as a sacrifice.

48.

When it dies. It is not killed before its time. Burying it prevents one from benefiting from it [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:6)]. See also Chapter 8, Halachah 6; Hilchot Pesulei HaMukdashim 19:11.

49.

The equation between transgressing intentionally and unintentionally represents a change of approach on the part of the Rambam. In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam states that if the transgression was intentional, in all instances, the purchaser should use an equivalent amount of money to buy food in Jerusalem. The sale is nullified only when the sale is made unintentionally. The Rambam's ruling here is based on Kiddushin 56b.

50.

So that the money could not be returned and the sale nullified.

51.

And the sale nullified.

52.

This is forbidden, because the animal - partially or entirely - is offered on the altar and/or eaten by the priests. Thus the money from the second tithe is not being used for its designated purpose.

53.

For once the offerings were brought, the transaction cannot be nullified.

54.

This is unacceptable, because peace offerings may be brought only from domesticated animals.

55.

This is also unacceptable, because as stated in Halachah 12, our Sages forbade using money from the second tithe for such a purpose [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)].

56.

Instead, the sale is nullified. If the animal was already slaughtered, the hide is considered as consecrated with the holiness of the second tithe and the proceeds from its sale must be used as the money of the second tithe.

57.

As is required when an animal designated as a peace offering becomes blemished in a manner that prevents it from being sacrificed.

58.

If, however, one redeems a sacrifice for someone else, a fifth need not be added, as stated in Hilchot Arachin 7:4.

59.

The Ra'avad objects to the Rambam's wording, for he considers it obvious that a fifth must be added. The Radbaz explains that one might think a fifth is unnecessary based on the following reasoning: Since the animal is a peace offering, from the standpoint of the second tithe, it does not belong to him, because it is not his private property, but instead is consecrated. From the standpoint of the peace offering, it can be said that it does not belong to him, because it is the second tithe which is "the property of the Most High."

Alternatively, the explanation of the Rambam's wording depends on a concept explained in Hilchot Arachin, loc. cit.: "[One is] obligated to add a fifth [when redeeming the article that was] consecrated originally, but one [need] not add a fifth [when redeeming an article] whose consecration was a derivative." A derivative means that it was consecrated in the process of redeeming another article (see ibid.:5).

To apply those concepts to the question at hand: Since the consecration of the animal as a peace offering comes as part of the redemption of the money from the second tithe, one might think that there is no need to add a fifth. For that reason, the Rambam [based on the Jerusalem Talmud (Ma'aser Sheni 3:2)] emphasizes that in this instance, the additional fifth is necessary, because since the holiness of the second tithe was removed from it, it is as if it was consecrated initially and it is not considered as a derivative (Rambam LeAm)

60.

As mentioned in Halachah 12, one can - and according to many opinions, it is desirable - to purchase an animal to be sacrificed as a peace offering with money from the second tithe. Here, however, we are speaking about a situation where the person designates the money to be used for that purpose, but does not make the purpose as of yet. The Rambam is clarifying that the designation is not effective and the money may be used to purchase any other types of food.

61.

Chapter 3, Halachah 17. I.e., when a person consecrates his own money for a peace offering, the consecration is effective, because the money belongs to him and he has the authority to consecrate it. Money from the second tithe, by contrast, does not belong to him. Hence, it cannot be consecrated as a peace offering.

62.

I.e., he should cry out to G‑d in repentance. He, however, has no other way of atoning for his conduct, because he has eaten the produce upon which the holiness of the second tithe rested.

Our text follows manuscript versions of the Mishneh Torah and the versions suggested by the Ra'avad, the Radbaz, and the Kessef Mishneh. The standard printed text follows a different version.

63.

Since the money exists, the holiness from the second tithe has not departed from it. Hence, if it is returned to the owner or its holiness transferred by the owner purchasing other food with its value, the owner fulfills his obligation.

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The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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