Maaser Sheini - Chapter 9

I.e., the fourth year of a tree’s growth. This has nothing to do with the seven year agricultural cycle. This mitzvah applies to all trees, not only vines. See Berachot 35a and commentaries.

Sefer HaMitzvot (positive commandment 119) and Sefer HaChinuch (mitzvah 247) include this commandment among the 613 mitzvot of the Torah.

Because of this connection, the Rambam includes the laws pertaining to this mitzvah in this section of the Mishneh Torah. There is, however, a difference between neta reva‘i and the second tithe. The second tithe must be separated by man and then it is deemed holy. Neta reva‘i, by contrast, is inherently holy. There is no need for any activity on man’s part.

See Chapter 2, Halachah 1. See Hilchot Ma’achalot Assurot 10:15.

Needless to say according to the Rambam, these laws do not apply in the Diaspora. The Shulchan Aruch (Yoreh De‘ah 294:7) mentions the Rambam’s ruling only as a minority opinion. That text rules according to Rabbenu Yonah, who maintains that the mitzvah applies in the Diaspora as well as in Eretz Yisrael. The Rama adds a third view: that neta reva‘i must be observed in the Diaspora with regard to grapes, but not with regard to any other type of produce.

I.e., he may keep it as his own without giving it to anyone.

I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, quoting the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.

See Chapter 5 above. See also Hilchot Ma’achalot Assurot 10:17 for more particulars concerning this redemption.

I.e., when the produce reaches at least a third of its growth. See Hilchot Ma'aser 2:3-5.

I.e., developed to a state where the produce itself has begun to form.

The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are grounds to say that neta reva‘i can be redeemed even while it is attached to the ground. Certainly, in the present age, when the produce need not be redeemed for its full worth, it can be redeemed while attached.

See Chapter 3, Halachah 17.

The Rambam’s ruling is somewhat difficult to accept, because unripened fruit has still reached one third of its growth. The Tzafnat Paneach (gloss to Hilchot Arachin 6:19) explains that with regard to unripened fruit, the prohibition against using it for mundane purposes takes effect immediately, but it is not endowed with its holiness until it is ready to be eaten. Similar concepts apply with regard to the produce of the Sabbatical year. From the time a tree produces fruit, it is forbidden to cut it down (Hilchot Shemitah 5:18).

For wine and oil are considered as ordinary uses of grapes and olives. Indeed, when the Torah refers to the obligation to tithe these fruits, it refers to them as wine and oil [the Rambam’s Commentary to the Mishnah (Terumah 11:3)].

For this is not the ordinary manner in which they are used. See Hilchot Terumah 11:2.

These are different types of presents given to the poor from one’s fields, as described in Hilchot Matnot Aniyim. These requirements do not apply in a vineyard of the fourth year, because that produce does not belong to one individually, but instead, is “the property of the Most High” [the Rambam’s Commentary to the Mishnah (Ma’aser Sheini 5:3)].

I.e., if one separated the second tithe before separating terumah and the first tithe, it is not necessary to separate terumah and the first tithe from the produce separated as the second tithe.

The Jerusalem Talmud explains that in the time of the Temple, the people would prepare wine in a state of ritual purity. Hence, there were few grapes offered for sale in the marketplaces of the holy city. To offset that difficulty, our Sages ordained this practice. The Rambam LeAm raises a question: It is forbidden to sell produce of the second tithe (Chapter 3, Halachah 17). Seemingly, this restriction should also apply to neta reva‘i. How then should people bring their grapes to Jerusalem and sell them to merchants there who will resell them to people at large? That text explains that first the fruit should be redeemed before and then sold after it was redeemed. Alternatively, there are authorities who explain that since each person will eat his grapes from the fourth year, there will be a surplus of fruit in the holy city.

But not within the city itself. In his Commentary to the Mishnah (Loe. cit.:2), the Rambam explains that the leniency was granted because, since the city is in the hands of the gentiles, there is no point in having its marketplaces embellished.

Since other types of fruits were not used for wine, there was no scarcity of them in Jerusalem’s marketplaces.

To transport the produce.

The seventh year of the agricultural cycle in Eretz Yisrael. As obvious from the laws that follow, the reckoning of the years for neta reva'i continues despite that cycle.

For it is forbidden to work the land or guard one's field that year [the Rambam's Commentary to the Mishnah (loc. cit.:5)].

This applies in other years, not the Sabbatical year.

As in the Sabbatical year, he need not pay for guards. He may, however, have to pay for workers to harvest the produce. This does not apply in the Sabbatical year. Then each person gathers for himself (ibid.).

I.e., anyone is allowed to take the produce which grows in the Sabbatical year. Hence, we are afraid that an outsider will unwittingly come and take it and partake of it without redeeming it. In his Commentary to the Mishnah (Ma’aser Sheini 5:1 based on Bava Kama 69a), the Rambam explains that it is necessary to make such provisions in the Sabbatical year alone. In an ordinary year, one need not do so, because it is forbidden to take produce from another person’s field. Thus, there is no need for such safeguards. He knows the status of his own fruit, nor must he make any provisions so that a thief will not transgress the prohibition against partaking of this produce.

I.e., the first three years if its growth when it is forbidden to partake of it entirely.

Our translation is taken from the Rambam’s Commentary to the Mishnah (loc. cit.).

And the sign not be noticed.

See Chapter I 0, Halachah 2, Hilchot Ma’ achalot Assurot 10:10. There is no prohibition against benefiting from fruits of the fourth year, by contrast.

This will remove any possibility of a person transgressing, for as the produce is harvested, its holiness will be transferred to the money.

I.e., there is a problem with redeeming the produce in this manner, because doing so resembles the concept of bereirah, i.e., the money is set aside at the outset and the consecration takes effect only retroactively. According to the Rambam, bereirah is not effective in questions involving Scriptural Law. In truth, however, we are not relying on bereirah in this instance, because the money is set aside and the redemption does not take place until the produce is harvested (Radbaz). In addition, there is a further problem. When the reaper takes the produce, it is no longer in the owner’s possession, and hence, one might think that it is not in his power to redeem it (see the Responsa of the Ramban, quoted by the Kessef Mishneh). For these reasons, it is not fully desirable to redeem the produce in this manner, but there is no real alternative, as the Rambam proceeds to explain.

See Halachah 2.

Le., Rosh HaShanah. See the following halachah with regard to the consideration given to the 15th of Shvat (Tu BeShvat) which is “the New Year of the Trees.”

I.e., we count neither from the “birthday” of each tree, nor from Rosh HaShanah. Rather the first year is considered as from the time the tree is planted and then each year, we begin to count the coming years from Rosh HaShanah.
The concept that 30 days can be considered as a year is relevant in other halachic contexts. See Hilchot Ishut 2:4; Hilchot Ma’aseh HaKorbanot 1:14.

Note the parallel in Hilchot Shemitah 3:11.

Similarly, in the fifth year, until Tu BeShvat, the produce is considered as neta reva‘i.

Thus there are 44 complete days before Rosh HaShanah. The same laws apply to any tree planted before that date.

I.e., it reached the “phase of tithing,” one third of its growth. See Chapter 1, Halachah 2; Hilchot Shemitah 4:9. See also Shulchan Aruch (Yoreh De’ah 294:4).

Or weeks.

Or taken to Jerusalem.

Since the Torah speaks in terms of years and does not mention twelve months, all of the produce that grows during the year is included in the prohibition (Radbaz).

This holds true for any tree planted between the 16th of Av and Rosh HaShanah.

I.e., the reckoning is made from Rosh HaShanah, not from the fifteenth of Shvat. Although there are Rishonim who maintain that in this instance as well, we should reckon from the fifteenth of Shvat, the Ra’avad cites proof from the Jerusalem Talmud (Rosh HaShanah 1:2) to support the Rambam’s view.

Despite the Ra’avad’s interpretation that the years should be counted from Tu BeShvat, Rav Yosef Corcus and the Kessef Mishneh interpret the Rambam’s words simply: We count three years from the day the tree was planted (or perhaps two weeks later, to allow for rooting). Thus if a tree was planted on the 28th of Tishrei, three years later on the 28th of Tishrei, its fruit is permitted as neta reva‘i.

The Kessef Mishneh interprets this as referring to the approach of the Halachot Gedolot [as quoted by Tosafot, Rosh HaShanah 10a, Rabbenu Shimshon (Ma’aser Sheini 5:1), and Rabbenu Asher (at the conclusion of his Hilchot Orlah)].

Our definition of all these terms is based on the Rambam’s Commentary to the Mishnah (Orlah 1:7).

For the prohibition is against partaking of fruit and these are not fruit (ibid.).

Because it is forbidden to derive any benefit whatsoever from orlah (Orlah 1:8).

For the prohibition against neta reva’i involves only eating and these are not considered as food.

With regard to both prohibitions.