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Rambam - 1 Chapter a Day

Maaser Sheini - Chapter 2

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Maaser Sheini - Chapter 2

1

The second tithe should be eaten1 by its owners within the walls of Jerusalem,2 as [Deuteronomy 14:23] states: "And you shall eat before God, your Lord, in the place He chooses to cause His name to dwell."

It must be observed whether the Temple is standing or it is not standing.3 Nevertheless, we partake of it only while the Temple is standing,4 for [the verse states]: "the tithe of your grain, your wine, your oil, and the firstborn of your cattle or your sheep." According to the Oral Tradition, it was taught:5 Just as a firstborn is not eaten except while the Temple is standing, so too, the second tithe is not eaten except when the Temple is standing.

א

מַעֲשֵׂר שֵׁנִי נֶאֱכָל לִבְעָלָיו לְפָנִים מֵחוֹמַת יְרוּשָׁלַיִם שֶׁנֶּאֱמַר (דברים יד כג) "וְאָכַלְתָּ לִפְנֵי ה' אֱלֹהֶיךָ בַּמָּקוֹם אֲשֶׁר יִבְחַר לְשַׁכֵּן שְׁמוֹ שָׁם" וְגוֹ'. וְנוֹהֵג בִּפְנֵי הַבַּיִת וְשֶׁלֹּא בִּפְנֵי הַבַּיִת אֲבָל אֵינוֹ נֶאֱכָל בִּירוּשָׁלַיִם אֶלָּא בִּפְנֵי הַבַּיִת שֶׁנֶּאֱמַר (דברים יד כג) "מַעְשַׂר דְּגָנְךָ תִּירשְׁךָ וְיִצְהָרֶךָ וּבְכֹרֹת בְּקָרְךָ וְצֹאנְךָ". מִפִּי הַשְּׁמוּעָה לָמְדוּ מָה בְּכוֹר אֵינוֹ נֶאֱכָל אֶלָּא בִּפְנֵי הַבַּיִת אַף מַעֲשֵׂר שֵׁנִי לֹא יֵאָכֵל אֶלָּא בִּפְנֵי הַבַּיִת:

2

It is pious behavior6 to redeem the second tithe for its full value7 in the same manner as it should be redeemed while the Temple is standing.8 Our Sages, [however,] ruled that, in the present age, if one desires, he may redeem a maneh's9 worth of produce for a p'rutah10 as an initial and preferable measure,11 [for this produce] need not be considered more stringently than consecrated property.12 That p'rutah should be discarded in the Mediterranean Sea.13

ב

מִדַּת חֲסִידוּת שֶׁפּוֹדִין מַעֲשֵׂר שֵׁנִי בַּזְּמַן הַזֶּה בְּשָׁוְיוֹ כְּדֶרֶךְ שֶׁפּוֹדִין אוֹתוֹ בִּפְנֵי הַבַּיִת. וְהוֹרוּ הַגְּאוֹנִים שֶׁאִם רָצָה לִפְדּוֹת שְׁוֵה מָנֶה בִּפְרוּטָה לְכַתְּחִלָּה בַּזְּמַן הַזֶּה פּוֹדֶה. לֹא יִהְיֶה זֶה חָמוּר מִן הַקֹּדֶשׁ. וּמַשְׁלִיךְ הַפְּרוּטָה לַיָּם הַגָּדוֹל:

3

Similarly, if one transferred the holiness of a maneh's worth of produce that is the second tithe for a p'rutah's worth of other produce, the holiness is transferred. He should then burn the produce to which he transferred the holiness so that it will not present an obstacle to others, [following the same procedure] as the redemption of neta rivai'i in the present age, as we explained in Hilchot Ma'achalot Assurot.14

ג

וְכֵן אִם חִלֵּל מַעֲשֵׂר שְׁוֵה מָנֶה עַל שְׁוֵה פְּרוּטָה מִפֵּרוֹת אֲחֵרוֹת הֲרֵי זֶה מְחֻלָּל. וְשׂוֹרֵף אֶת הַפֵּרוֹת שֶׁחִלֵּל עֲלֵיהֶם כְּדֵי שֶׁלֹּא יִהְיוּ תַּקָּלָה לַאֲחֵרִים. כְּפִדְיוֹן נֶטַע רְבָעִי בַּזְּמַן הַזֶּה כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת אִסּוּרֵי מַאֲכָלוֹת:

4

Just as we do not partake of the second tithe in the present era in Jerusalem,15 so too, we do not redeem it there,16 nor transfer its holiness,17 or sell it.18 If [produce which is the second tithe] is brought into Jerusalem in the present era, it should not be removed from there.19 Instead, we leave it there until it rots. Similarly, if one transgressed and removed it from there, he should leave it until it rots.

For this reason,20 we do not separate the second tithe in the present era in Jerusalem. Instead, we remove the produce from the city while it is tevel and redeem it. If it was separated there in the present era, it should be left to rot.

ד

כְּשֵׁם שֶׁאֵין אוֹכְלִין מַעֲשֵׂר שֵׁנִי בַּזְּמַן הַזֶּה בִּירוּשָׁלַיִם כָּךְ אֵין פּוֹדִין אוֹתוֹ שָׁם. וְאֵין מְחַלְּלִין אוֹתוֹ וְאֵין מוֹכְרִין אוֹתוֹ. וְאִם נִכְנַס בִּירוּשָׁלַיִם אַף בַּזְּמַן הַזֶּה אֵין מוֹצִיאִין אוֹתוֹ מִשָּׁם וּמַנִּיחִים אוֹתוֹ שָׁם עַד שֶׁיֵּרָקֵב וְכֵן אִם עָבַר וְהוֹצִיאוֹ מִשָּׁם מַנִּיחִין אוֹתוֹ עַד שֶׁיֵּרָקֵב. לְפִיכָךְ אֵין מַפְרִישִׁים מַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם בַּזְּמַן הַזֶּה אֶלָּא מוֹצִיאִין אֶת הַפֵּרוֹת בְּטִבְלָן חוּץ לָעִיר וּמַפְרִישִׁין אוֹתוֹ שָׁם וּפוֹדֵהוּ. וְאִם הִפְרִישׁוּ שָׁם בַּזְּמַן הַזֶּה יֵרָקֵב:

5

Anyone who eats an olive-sized portion of [produce from] the second tithe or who drinks a revi'it of wine21 [from such produce] outside the walls of Jerusalem22 is liable for lashes, as [Deuteronomy 12:17] states: "In your gates,23 you may not partake of the tithe of your grain, your wine, and your oil."24

He is liable for lashes for each one individually.25 Therefore if he partakes of the three outside the walls [of Jerusalem], he is liable for three sets of lashes, for it is stated: And you shall eat before God in the place He chooses to cause His name to dwell."

It must be observed whether the Temple is standing or it is not standing.26 Nevertheless, we partake of it only while the Temple is standing,27 for [the Torah states]: "And you shall eat before God... the tithe of your grain, your wine, your oil," and "You may not partake of the tithe of your grain, your wine, and your oil."28 Why does [the Torah] mention them individually instead of saying: "Do not partake of them in your gates?" To make one liable for each one individually.

ה

כָּל הָאוֹכֵל כְּזַיִת מַעֲשֵׂר שֵׁנִי אוֹ שֶׁשָּׁתָה מִמֶּנּוּ רְבִיעִית יַיִן חוּץ לְחוֹמַת יְרוּשָׁלַיִם לוֹקֶה שֶׁנֶּאֱמַר (דברים יב יז) "לֹא תוּכַל לֶאֱכל בִּשְׁעָרֶיךָ מַעְשַׂר דְּגָנְךָ תִּירשְׁךָ וְיִצְהָרֶךָ" וְגוֹ'. וְלוֹקֶה עַל כָּל אֶחָד וְאֶחָד בִּפְנֵי עַצְמוֹ. לְפִיכָךְ אִם אָכַל שְׁלָשְׁתָּן חוּץ לַחוֹמָה לוֹקֶה שָׁלֹשׁ מַלְקִיּוֹת שֶׁנֶּאֱמַר (דברים יד כג) "וְאָכַלְתָּ לִפְנֵי ה' אֱלֹהֶיךָ" מַעְשַׂר דְּגָנְךָ תִּירשְׁךָ וְיִצְהָרֶךָ וְנֶאֱמַר לֹא תוּכַל לֶאֱכל בִּשְׁעָרֶיךָ מַעְשַׂר דְּגָנְךָ וְגוֹ' לָמָּה פְּרָטָן וְלֹא אָמַר לֹא תֹאכְלֵם בִּשְׁעָרֶיךָ לְחַיֵּב עַל כָּל אֶחָד וְאֶחָד בִּפְנֵי עַצְמוֹ:

6

According to Scriptural Law, one is not liable for lashes unless he partakes of produce [from the second tithe] after it had entered the walls of Jerusalem [and was removed], as it is written: "You may not partake... in your gates" and "And you shall eat before God." [Implied is that] since the produce enters the place where it should be eaten and then it was eaten outside [that place], one is liable for lashes. If, however, one ate such produce before it entered Jerusalem,29 he should be given stripes for rebellious conduct.30

ו

אֵינוֹ לוֹקֶה מִן הַתּוֹרָה עַד שֶׁיֹּאכְלֶנּוּ אַחַר שֶׁנִּכְנַס לְחוֹמַת יְרוּשָׁלַיִם שֶׁנֶּאֱמַר (דברים יב יז) "לֹא תוּכַל לֶאֱכל בִּשְׁעָרֶיךָ" וְגוֹ' (דברים יד כג) "וְאָכַלְתָּ לִפְנֵי ה' אֱלֹהֶיךָ". כֵּיוָן שֶׁנִּכְנַס לִמְקוֹם אֲכִילָתוֹ וַאֲכָלוֹ בַּחוּץ לוֹקֶה. אֲבָל אִם אֲכָלוֹ קֹדֶם שֶׁיִּכָּנְסוּ לִירוּשָׁלַיִם מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת מִדִּבְרֵיהֶם:

7

[The following rules apply if] a portion of [produce from the second] tithe is inside [Jerusalem] and a portion is outside. One who eats from the portion that has not entered [the city] should be given stripes for rebellious conduct.31 If one eats the portion that entered outside [the city], he is liable for lashes. 32

ז

מִקְצָת מַעֲשֵׂר בִּפְנִים וּמִקְצָתוֹ מִבַּחוּץ הָאוֹכֵל מִזֶּה שֶׁעֲדַיִן לֹא נִכְנַס מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְהָאוֹכֵל בַּחוּץ מִזֶּה שֶׁנִּכְנַס לוֹקֶה:

8

We do not redeem the second tithe in Jerusalem unless it became impure,33 as [Deuteronomy 14:24] states: "If the place34 will be distant from you...." [Implied is that such produce] may be redeemed when the place is distant, but not when it is close.

If a person is inside [Jerusalem] and his burden is outside, even if he is carrying it on a pole,35 since the produce from the second tithe itself was not brought into Jerusalem, it can be redeemed there next to the wall.36

ח

אֵין פּוֹדִין מַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם אֶלָּא אִם כֵּן נִטְמָא שֶׁנֶּאֱמַר (דברים יד כד) "כִּי יִרְחַק מִמְּךָ הַמָּקוֹם" בְּרִחוּק מָקוֹם הוּא נִפְדֶּה וְאֵינוֹ נִפְדֶּה בְּקֵרוּב מָקוֹם. הָיָה הוּא בִּפְנִים וּמַשָּׂאוֹ בַּחוּץ אֲפִלּוּ הָיָה אוֹחֵז אוֹתוֹ בְּקָנֶה הוֹאִיל וְלֹא נִכְנַס הַמַּעֲשֵׂר הֲרֵי זֶה מֻתָּר לִפְדּוֹתוֹ שָׁם בְּצַד הַחוֹמָה:

9

Once produce from the second tithe - even if it is demai37 - is brought into Jerusalem, it is forbidden to remove it from there, for it has already been taken in by [the city's] barriers. Similar concepts apply with regard to produce purchased with money [from the redemption of] the second tithe, as [implied by] the verse: "And you shall eat before God your Lord."38 If a person transgressed and took [such produce] out of Jerusalem or it was taken out inadvertently, it should be returned and eaten in Jerusalem.

[The concept that produce from the second tithe that was brought into Jerusalem is] taken in by its partitions is a Rabbinic decree. Even produce from [the redemption of] the second tithe whose fifth is not worth a p'rutah which is [observed] by virtue of Rabbinic decree [alone]39 is taken in by [the city's] partitions and it is forbidden to remove it.40 Money from [the redemption of] the second tithe, by contrast, may be brought into Jerusalem and then removed.41

ט

מַעֲשֵׂר שֵׁנִי שֶׁנִּכְנַס לִירוּשָׁלַיִם אֲפִלּוּ שֶׁל דְּמַאי אָסוּר לְהוֹצִיאוֹ מִשָּׁם שֶׁכְּבָר קְלָטוּהוּ מְחִצּוֹת. וְכֵן פֵּרוֹת הַנִּלְקָחִין בְּכֶסֶף מַעֲשֵׂר שֶׁנֶּאֱמַר (דברים יד כג) "וְאָכַלְתָּ לִפְנֵי ה' אֱלֹהֶיךָ". עָבַר וְהוֹצִיאָן אוֹ שֶׁיָּצְאוּ בִּשְׁגָגָה יַחְזְרוּ וְיֵאָכְלוּ בִּירוּשָׁלַיִם. וּקְלִיטַת מְחִצּוֹת מִדִּבְרֵיהֶם אֲפִלּוּ מַעֲשֵׂר שֶׁאֵין בְּחֻמְשׁוֹ שְׁוֵה פְּרוּטָה שֶׁהוּא מִדִּבְרֵיהֶם מְחִצּוֹת קוֹלְטוֹת אוֹתוֹ וְאָסוּר לְהוֹצִיאוֹ. אֲבָל מְעוֹת מַעֲשֵׂר שֵׁנִי נִכְנָסִין לִירוּשָׁלַיִם וְיוֹצְאִין:

10

When produce for which the tasks involved in its preparation have been completed42 is taken through Jerusalem and then removed, [its owner] cannot separate tithes from it from other produce which has not been brought into Jerusalem yet.43 Instead, the second tithe from this produce should be [separated,] and returned and eaten in Jerusalem. It cannot be redeemed outside the city. Even if one designates the entire quantity of produce which was removed as the second tithe for produce that was not yet brought [to Jerusalem], it must be returned and eaten in [that city].44 This is a stringency associated with the walls of Jerusalem. Once [produce] is taken in by them, it has been taken in.45

י

פֵּרוֹת שֶׁנִּגְמְרָה מְלַאכְתָּן וְעָבְרוּ בְּתוֹךְ יְרוּשָׁלַיִם וְיָצְאוּ אֵינוֹ יָכוֹל לְהוֹצִיא עֲלֵיהֶן מַעֲשֵׂר שֵׁנִי מִפֵּרוֹת אֲחֵרוֹת שֶׁלֹּא נִכְנְסוּ לִירוּשָׁלַיִם. אֶלָּא יַחֲזֹר מַעֲשֵׂר שֵׁנִי שֶׁלָּהֶן וְיֵאָכֵל בִּירוּשָׁלַיִם וְאֵינוֹ נִפְדֶּה בַּחוּץ. אֲפִלּוּ עָשָׂה כָּל הַפֵּרוֹת הָאֵלּוּ מַעֲשֵׂר שֵׁנִי אַחַר שֶׁיָּצְאוּ עַל פֵּרוֹת אֲחֵרוֹת שֶׁלֹּא נִכְנְסוּ יַחְזְרוּ וְיֵאָכְלוּ בִּירוּשָׁלַיִם. חֹמֶר הוּא בִּמְחִצּוֹת יְרוּשָׁלַיִם הוֹאִיל וְקָלְטוּ קָלְטוּ:

11

When produce for which the tasks involved in its preparation have not been completed, e.g., baskets of grapes that are being taking to the vat46 or baskets of figs that are being taken to dry, is taken through Jerusalem and then removed, it is permitted to redeem the second tithe from them outside Jerusalem.47 Similarly, the second tithe from produce that is demai may be redeemed outside [of Jerusalem] even though the tasks involved in its preparation have been completed and it passed through the city.48

יא

פֵּרוֹת שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן שֶׁעָבְרוּ בִּירוּשָׁלַיִם וְיָצְאוּ. כְּגוֹן סַלֵּי עֲנָבִים לְגַת וְסַלֵּי תְּאֵנִים בְּמֻקְצֶה. מֻתָּר לִפְדּוֹת מַעֲשֵׂר שֵׁנִי שֶׁלָּהֶם בַּחוּץ. וְכֵן פֵּרוֹת דְּמַאי אַף עַל פִּי שֶׁנִּגְמְרָה מְלַאכְתָּן וְעָבְרוּ בִּירוּשָׁלַיִם וְיָצְאוּ פּוֹדִין מַעֲשֵׂר שֵׁנִי שֶׁלָּהֶן בַּחוּץ:

12

[The following laws apply when] produce from the second tithe which became impure49 in Jerusalem was redeemed.50 If it became impure through contact with a secondary source of impurity, it is forbidden to remove it.51[Instead,] it should be eaten within [the city]. If it became impure as a result of contact with a primary source of impurity or it became impure outside [the city] even through contact with a secondary source of impurity, it may be redeemed and eaten in any place, even though it was brought into Jerusalem.52

יב

פֵּרוֹת מַעֲשֵׂר שֵׁנִי שֶׁנִּטְמְאוּ בִּירוּשָׁלַיִם וּפְדָאָן אִם נִטְמְאוּ בִּוְלַד הַטֻּמְאָה אָסוּר לְהוֹצִיאָן. אֶלָּא יֵאָכְלוּ בִּפְנִים מִפְּנֵי שֶׁוְּלַד הַטֻּמְאָה מִדִּבְרֵיהֶם. וְאִם נִטְמְאוּ בְּאַב הַטֻּמְאָה אוֹ שֶׁנִּטְמְאוּ בַּחוּץ וַאֲפִלּוּ בִּוְלַד הַטֻּמְאָה אַף עַל פִּי שֶׁנִּכְנְסוּ לִירוּשָׁלַיִם הֲרֵי אֵלּוּ נִפְדִּין וְנֶאֱכָלִין בְּכָל מָקוֹם:

13

When does the above53 apply? When it was brought in with the intent that the barriers of [the city] would not take it in. If, however, he did not make such a stipulation, since it entered the city and it is ritually pure according to Scriptural Law, it is taken in by [the city's] barriers and should not be removed.54 For a secondary source of ritual impurity does not impart impurity to another entity according to Scriptural Law.

יג

בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהִכְנִיסָן עַל מְנָת שֶׁלֹּא תִּתְפְּשֵׂם הַמְּחִצּוֹת. אֲבָל אִם לֹא הִתְנָה הוֹאִיל וְנִכְנַס הֲרֵי הוּא טָהוֹר מִן הַתּוֹרָה [שֶׁאֵין וָלָד מְטַמֵּא שֵׁנִי מִן הַתּוֹרָה] וּכְבָר קְלָטוּהוּ מְחִצּוֹת וְאֵינוֹ יוֹצֵא:

14

It is permitted to partake of chilba from the second tithe while it is in its fresh state, for then it is fit to be eaten.55 Similarly, vetch from the second tithe may be eaten while it is fresh.56 If one made a dough from them, it is permitted to take it into Jerusalem and remove it, because vetch is not considered as [ordinary] produce.57 If it became impure in Jerusalem, it may be redeemed and eaten outside [the city].

יד

תִּלְתָּן שֶׁל מַעֲשֵׂר שֵׁנִי מֻתָּר לְאָכְלָהּ צִמְחוֹנִין שֶׁכָּךְ הִיא רְאוּיָה לַאֲכִילָה. וְכֵן כַּרְשִׁינֵי מַעֲשֵׂר שֵׁנִי יֵאָכְלוּ צִמְחוֹנִין. וְאִם עָשָׂה מֵהֶם עִסָּה הֲרֵי זוֹ מֻתֶּרֶת לְהִכָּנֵס לִירוּשָׁלַיִם וּלְהוֹצִיאָהּ שֶׁאֵינָן בִּכְלַל הַפֵּרוֹת. וְאִם נִטְמְאוּ בִּירוּשָׁלַיִם יִפָּדוּ וְיֵאָכְלוּ בַּחוּץ:

15

When a tree is standing within the walls of Jerusalem and its branches extend outside the wall, produce from the second tithe should not be eaten under [those] branches.58 If, however, produce from the second tithe was brought under its branches, it can no longer be redeemed, because it is considered as if it was brought into Jerusalem.59

טו

אִילָן שֶׁעוֹמֵד לְפָנִים מִן הַחוֹמָה וְנוֹפוֹ נוֹטֶה חוּץ לַחוֹמָה אֵין אוֹכְלִין תַּחַת נוֹפוֹ מַעֲשֵׂר שֵׁנִי. וּמַעֲשֵׂר שֵׁנִי שֶׁנִּכְנַס תַּחַת נוֹפוֹ אֵין פּוֹדִין אוֹתוֹ שֶׁהֲרֵי הוּא כְּמִי שֶׁנִּכְנַס לִירוּשָׁלַיִם:

16

[The following rules apply when] houses positioned at the side of the wall with their entrances within the wall, but the length of the house extends outside the wall. [The portions of the house that] are within the wall are considered as being within the city with regard to all matters. In those which are outside the wall, we may not eat [the produce of the second tithe] and as a stringency, produce from the second tithe should not be redeemed there.60 If the length of the house extends within [the wall] and the entrance is outside, [the portion that are] outside the wall are considered as outside the city.61 We may re redeem [produce from the tithes] there and may not partake of it there. [In the portion that is within the wall], we may not eat [such produce] there62 and as a stringency, we may not redeem it.63 The windows and the breadth of the walls are considered within the city.64

טז

בָּתִּים שֶׁבְּצַד הַחוֹמָה שֶׁפִּתְחֵיהֶם לְפָנִים מִן הַחוֹמָה וַחֲלָלָן לְחוּץ. מִכְּנֶגֶד הַחוֹמָה וּלְפָנִים כִּלְפָנִים לְכָל דָּבָר וּמִכְּנֶגֶד הַחוֹמָה וְלַחוּץ אֵין אוֹכְלִים שָׁם וְאֵין פּוֹדִין שָׁם לְהַחֲמִיר. הָיָה חֲלָלָן לְפָנִים וּפִתְחֵיהֶם לַחוּץ. מִכְּנֶגֶד הַחוֹמָה וְלַחוּץ כְּלַחוּץ פּוֹדִין בּוֹ וְאֵין אוֹכְלִין. וּמִכְּנֶגֶד הַחוֹמָה וְלִפְנִים אֵין אוֹכְלִין שָׁם וְאֵין פּוֹדִין לְהַחֲמִיר. וְהַחַלּוֹנוֹת וָעֳבִי הַחוֹמָה כִּלְפָנִים:

Test Yourself on This Chapter

Footnotes
1.

Similarly, it can be used as a beverage or for anointing oneself, for these are also considered as "eating."

2.

As mentioned in the notes to the previous chapter, there are authorities who consider partaking of the second tithe as an independent mitzvah. The Rambam, however, considers it as part of the mitzvah of separating the second tithe.

3.

See Hilchot Beit HaBechirah 6:15 which states that the holiness of Jerusalem is not nullified even though the Temple is destroyed, for the city's holiness derives from the manifestation of God's presence and that holiness can never be nullified.

4.

When the Temple is not standing, the second tithe must be separated, but we do not partake of it. Instead, we redeem it, as stated in the following halachah.

6.

A commitment to observance that goes beyond the basic requirements of the law.

7.

The Jerusalem Talmud (Ma'aser Sheni 4:1) relates that the Sages of the Talmud would conduct themselves in this manner.

8.

See Chapter 4, Halachah 1, 18.

9.

100 silver coins.

10.

A copper coin of minimal value. Since when the Temple is standing, after the fact, such an exchange is acceptable, in the present era, it can be accepted as an initial and preferable measure (Radbaz).

11.

For, after all, it is being destroyed (Siftei Cohen 331:149).

12.

Which can be redeemed in this manner as an initial and preferable measure (Hilchot Arachin 8:10).

13.

I.e., in a place where it will permanently be lost. If it is being thrown to a river, it must first be ground to dust so that it will never be able to be used [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 331:133)].

Here the Rambam uses the term yam hagadol, "the Great Sea," which in relation to Eretz Yisrael means the Mediterranean Sea. Sometimes, the term yam hamelech, "the Salt Sea, is used. Although in contemporary usage, the term is used in reference to the Dead Sea, the Rambam understands it as referring to the Mediterranean.

14.

See Hilchot Ma'achalot Assurot 10:17. Both here and in that source, the Ra'avad differs with the Rambam and maintains that a silver coin must be used for these redemptions. The Radbaz and the Kessef Mishneh support the Rambam's position. See also Chapter 2, Halachah 4 and notes.

15.

For the Temple is not standing, as stated in Halachah 1. Moreover, we are all ritually impure, and the second tithe may not be eaten in a state of ritual impurity, as stated in Chapter 3, Halachah 1.

It must be emphasized that with the term Jerusalem, we mean the city limits in the era of the Second Temple. The fact that an area is included in the contemporary metropolis of Jerusalem is not at all significant.

16.

For money.

The Kessef Mishneh states that if produce from the second tithe becomes ritually impure, it can be redeemed as indicated by Halachah 8. The Tur (Yoreh De'ah 331) [based on the Jerusalem Talmud (Ma'aser Sheni 3:6)] writes that we can water produce that has been detached so that it will become susceptible to ritual impurity. When it becomes ritually impure, it can be redeemed. These concepts are quoted by the Shulchan Aruch and Rama (Yoreh De'ah 331:135).

17.

For other produce. The rationale is that produce from the second tithe should not be redeemed or exchanged in Jerusalem as stated in Halachah 8.

18.

See also Chapter 3, Halachah 17.

19.

See Halachah 9.

20.

I.e., because it will be condemned to rot.

21.

See Hilchot Terumot 10:2.

22.

I.e., he partook of the produce after it was taken to Jerusalem and then taken out, as stated in the following halachah.

23.

I.e., in cities outside Jerusalem.

24.

Sefer HaMitzvot (negative commandments 141-142) and Sefer HaChinuch (mitzvot 442-444) include these as three of the 613 mitzvot of the Torah.

25.

The Rambam explains the rationale for this in General Principle 9 of his Sefer HaMitzvot, quoting Keritot 4b, and giving the explanation that he offers in this halachah.

26.

See Hilchot Beit HaBechirah 6:15 which states that the holiness of Jerusalem is not nullified even though the Temple is destroyed, for the city's holiness derives from the manifestation of God's presence and that holiness can never be nullified.

27.

When the Temple is not standing, the second tithe must be separated, but we do not partake of it. Instead, we redeem it, as stated in the following halachah.

28.

I.e., since the Torah mentions all three types of produce in both the positive and negative commandments, we can assume that the repetition was meant to teach us that one is liable for each type of produce individually. In his Hasagot, the Ramban disagrees and maintains that one who administers three sets of lashes for partaking of these types of produce is liable for striking a fellow Jew unnecessarily.

29.

Tosafot (Makkot 19b) explain that the violation of a positive commandment is involved, for we are commanded to redeem the produce from the second tithe that is not brought to Jerusalem.

30.

A punishment ordained by the Rabbis for breaking Rabbinic commandments or negative commandments that result from a positive commandment.

31.

I.e., one might think that he would be liable, because a portion of the produce was brought into the city. Hence, it is necessary to state that he is not. See Hilchot Bikkurim 3:2, for it is the source of this law.

32.

I.e., one might think that he would not be liable, because the entire quantity of produce was not brought into the city. Hence, it is necessary to state that he is.

33.

Even though produce from the second tithe that is pure should not be redeemed in Jerusalem, as stated in Halachah 4, if it becomes impure, it should be redeemed, for otherwise, it will be worthless, for it may not be eaten in that state.

Pesachim 36b derives this concept as follows: The mitzvah of redeeming produce from the second tithe is derived from Deuteronomy 14:24: "If you cannot carry it...." Se'as, the term for "carry" used in that verse is also used in connection with food as stated in Genesis 43:34. Hence, the verse can be interpreted as meaning that the produce should be redeemed if it cannot be eaten.

34.

Jerusalem. The verse speaks about the redemption of the second tithe.

35.

And thus he does not even have to walk outside to bring it inside (Kessef Mishneh; Or Sameach). Rashi interprets the passage differently.

36.

The converse is also true. If he was outside and his burden had been brought inside, it cannot be redeemed (Makkot 19b).

37.

Produce which is demai may be taken in and out of Jerusalem (Halachah 11). Once the second tithe has been separated from it, however, it may not be taken out of Jerusalem after it has been brought in. This represents a reversal of the Rambam's opinion from that stated in his Commentary to the Mishnah (Demai 3:6).

38.

The law is not derived from this verse, for as the Rambam stated previously, the prohibition is Rabbinic in origin. Instead, the verse is an asmachta, a support from the Torah for a Rabbinic law. Significantly, to this writer's knowledge, our Rabbis have not identified a previous Rabbinic source where this verse is cited as a prooftext.

[This alludes to a question frequently raised: Did the Rambam have sources from the Sages of the Talmud that were lost or were interpretations such as this his original work?]

39.

When a person redeems produce from the second tithe that belongs to him, it is necessary to add a fifth, as stated in Chapter 5, Halachah 1. Here, however, we are speaking about a situation where that fifth is not worth a p'rutah. Thus the redemption of such produce is not feasible. And since its redemption is not feasible, according to Scriptural Law, such produce need not be treated as produce from the second tithe (Meiri to Bava Metzia 53b). Nevertheless, our Rabbis were stringent and required that the fifth be separated even in such a situation.

40.

I.e., although two Rabbinic decrees are involved, we still rule stringently.

41.

For our Sages imposed their decree with regard to produce alone.

42.

And from which the second tithe has not been separated.

43.

I.e., in this regard, we consider it as if the second tithe had already been separated. Hence, since it passed through Jerusalem, it must be eaten there [the Rambam's Commentary to the Mishnah (loc. cit.)].

44.

I.e., it cannot be redeemed for money.

45.

I.e., there is no alternative but to partake of the produce in the holy city.

46.

To be squeezed for wine [the Rambam's Commentary to the Mishnah (loc. cit.)].

47.

Since there was no obligation to tithe them at the time they passed through Jerusalem, they are not considered to have been taken in by the city's barriers.

48.

Since the obligation to separate the second tithe from demai was instituted only because of a doubt, our Rabbis did not apply this stringency. See Halachah 9.

49.

And hence cannot be eaten.

50.

See Halachah 4.

51.

I.e., the decree imposed by our Sages must be upheld because this impurity is merely Rabbinic in origin and thus the holiness of the produce was not defiled [the Rambam's Commentary to the Mishnah (loc. cit.):9].

52.

For when it was brought into Jerusalem, it was not fit to be eaten and thus did not possess a measure of holiness (ibid.).

53.

That produce that became impure due to contact with a secondary source of impurity outside of Jerusalem can be redeemed or removed from the city after it was brought in. If, however, produce became impure through contact with a primary source of impurity, one's intent is not significant. A person may remove it from Jerusalem even if he did not have the intent originally.

54.

Instead, it should be redeemed and eaten in Jerusalem.

55.

After it has dried out, by contrast, it is not fit to be eaten. For that reason, it is forbidden to let it dry out [the Rambam's Commentary to the Mishnah (loc. cit.) 2:3; see also Hilchot Terumah 2:8]. This explanation nullifies the Ra'avad's objections to the Rambam's ruling.

56.

Vetch refers to a species of beans generally used as cattle fodder. While they are fresh, however, they are fit for human consumption with difficulty (see ibid.:4; see also Hilchot Terumah 2:2; Hilchot Tuma'at Ochalin 1:9).

57.

Since they are not fit for ordinary human consumption, the restrictions that usually apply to produce from the second tithe were not placed upon a dough made from them. Indeed, the laws governing vetch are more lenient than those governing chilba, for chilba is frequently eaten by humans while fresh. Vetch, by contrast, is eaten only when ordinary food is not available.

The Ra'avad understands the Rambam as ruling that the restrictions are relaxed only with regard to dough made from vetch, but not with regard to vetch itself. If the actual beans were taken outside the city, they must be returned. The commentaries accept this understanding.

58.

I.e., in this context, one is considered to be outside the city.

59.

Note the parallel in Hilchot Rotzeach 8:11; see also Hilchot Ma'aser 4:16.

60.

I.e., in this context, it is considered as part of the city, because of the entrance.

61.

For neither the entrance to the home, nor this position of it is in the city.

62.

Because the entrance is the primary determinant.

63.

For in actual fact, one is within the city's walls.

64.

The commentaries note the concurrence between this ruling and that of Hilchot Beit HaBechirah 6:9, but the apparent contradiction between it and that of Hilchot Shemitah VeYoval 12:12. They conclude that there is no one general principle governing the situation and each set of laws has its own rules.

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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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