Maaser Sheini - Chapter 5

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

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).

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

Kiddushin 24a.

Using it to purchase peace sacrifices or the like.

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.

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.

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.

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.

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

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

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)].

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).

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)].

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.

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

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

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

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.

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.

See Hilchot Avadim 5:3, et al.

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.

See Hilchot Terumah 5:14-16.

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.

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).

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.

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.

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.

Chapter 3, Halachah 17.

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).

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

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.

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.

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

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).

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.

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).

A sela is four dinarim.