Rabbinic JudaismJerusalem Talmud Maaser Sheni 1.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Maaser Sheni 1.1

The Jerusalem Talmud

Jerusalem Talmud Maaser Sheni 1.1

1
English · Heinrich W. Guggenheimer

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “One does not sell Second Tithe.” One does not sell it because holiness is written for it. One does not use it as a pledge because blessing is written about it. “ How may one not sell it? A person should not say to his neighbor, here you have this mina’s worth of Second Tithe, give me 50 zuz profane for it.”

3
English · Heinrich W. Guggenheimer

Who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell heave which is forbidden to lay people, since Second Tithe is permitted to lay people, one should certainly be permitted to sell it. No, if you assert this for heave which does not need an enclosure, what can you imply for Second Tithe which needs an enclosure? First Fruits shall prove it which need an enclosure and one may sell them! No, if you assert this for First Fruits which do not implicate their monetary substitute, what can you imply for Second Heave which implicates its monetary substitute! The Sabbatical shall prove it which implicates its monetary substitute and it is permitted to sell it! Rebbi Yudan said, from this? The sale of Sabbatical produce is its redemption.

4
English · Heinrich W. Guggenheimer

Rebbi Jeremiah said, who is the Tanna of “one does not sell it”? Rebbi Meїr! But for Rebbi Jehudah it should be logical that it be permitted to be sold, by an argument a minore ad majus: If it is permitted to sell Sabbatical produce with which one may not liquidate one’s debts, it is logical that it should be permitted to sell Second Tithe since with it one may liquidate one’s debts. We find that one may liquidate one’s debts with Second Tithe, following what we stated: “If he took from him tithe worth one tetradrachma and did not come to exchange it until it was worth two.” Rebbi Yose said, there is a difference since from the start the value of Second Tithe was due. If he had owed before, it would be an argument. Rebbi Yudan said, a Mishnah said that it is forbidden to sell it, as we stated there: “If intentional, he married, if in error, he did not marry.” If you say that he may sell it, he should be able to use it for marriage but anything he may not sell he may not use for marriage. But did we not state: “One does not buy slaves, real estate, and unclean animals from Sabbatical money. If he bought them, he has to eat their worth.” Rebbi Yose said, this means that it is forbidden to acquire a wife with Sabbatical money. Otherwise, what is the difference between one who acquires a wife and one who acquires a slave girl? Rebbi Yose in the name of Rebbi Zeïra, Rebbi Yudan in the name of Rebbi Ila, everybody agrees because of these arguments. Rebbi Yose in the name of Rebbi Aḥa, everybody agrees that all should need the enclosures.

5
English · Heinrich W. Guggenheimer

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

6
English · Heinrich W. Guggenheimer

Or it may follow this: “One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, grafted, or sank he has to uproot it.” If one did not uproot, what is with its yield? Rebbi Abba [and] Rebbi Immi were sitting in Tyre when a case came before them. Rebbi La taught that the fruits should be thrown away. Rebbi Abba said, I was not counted with them on the upper floor. They said, let us go out and study. They went out and heard Rebbi Jonah and Rebbi Isaac bar Tevele in the name of Rebbi Eleazar: One does not make a new restriction. Rebbi Yose, Rebbi Isaac bar Tevele in the name of Rebbi Eleazar: One does not add to an established practice.

7
English · Heinrich W. Guggenheimer

Rebbi Jacob bar Aḥa in the name of Rebbi Zeïra: Since it was stated, “one does not take it as a pledge nor give it as a deposit”, this means that if one transgressed and took it as a pledge, trangressed and gave as a deposit, one fines him for it.

8
English · Heinrich W. Guggenheimer

“ One does not use it to weigh coins, not even a profane tetradrachma to turn it into a tetradrachma of Second Tithe.” If he had a tetradrachma of Second Tithe whose weight was known to him, may he use it to weigh another tetradrachma of Second Tithe so that its weight should be known to him? May brothers who split [an inheritance] weigh one against the other?

9
English · Heinrich W. Guggenheimer

We have stated: “One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, here you have oil, give me its value in wine. But he may say to him, here you have wine since you have no wine, here you have oil since you have no oil.” Here you have wine since I have no oil, they wanted to say that this is forbidden. They found stated: “It is permitted.” Is it not forbidden because of barter? Since he cannot enforce it in a court, this is not barter. Why could he have said: Here you have wine since I have no oil? If I had oil, I would give you that also.

10
English · Heinrich W. Guggenheimer

“But they may give free gifts to one another.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says a gift is not like a sale. Rebbi Yose said, here it is everybody’s opinion, following what was stated: A person says to his neighbor [in Jerusalem]: What did you eat today? If that one says summer figs, he knows that it was firstling. Just as summer figs are sold cheaply, so firstlings are sold cheaply. If that one said manna, he knows that it was Second Tithe. Just as manna was given as a gift, so Second Tithe may be given as a gift. They objected: Everybody agrees that animal tithe cannot be sold; do you say it can be given as a gift? This also can be given as a gift. Rebbi Mana did not say so but was following Rebbi Jehudah since Rebbi Jehudah said He made it one’s property. They objected: Everybody agrees that animal tithe is not one’s property; do you say it can be given as a gift? This also can be given as a gift.

11
English · Heinrich W. Guggenheimer

Therefore, once it was slaughtered, is it permitted? It was stated by the House of Rebbi Yannai: There is no difference between alive and slaughtered, unblemished and blemished. For what did we state then “live but not slaughtered?” For example, what was stated after this: “One may sell a firstling unblemished alive, blemished alive or slaughtered.”

12
English · Heinrich W. Guggenheimer

Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: It is said here (Lev. 27:33): “It may not be redeemed.” It has been said about Cohanim‘s bans (Lev. 27:28) “It may not be sold or redeemed.” Since “it may not be redeemed” for Cohanim’s bans includes sale, so “it may not be redeemed” here includes sale. Rebbi Jacob the Southerner asked before Rebbi Yose: Is it not written about a firstling (Num. 18:17) “it should not be redeemed?” About a blemished animal. For animal tithe, the Torah made no difference between living and slaughtered, unblemished and blemished.

13
English · Heinrich W. Guggenheimer

“One may not use it for preliminarily marrying a woman.” But one may use its sinews, bones, horns, and hooves for preliminary marriage. Rebbi Eleazar said, because a blessing is mentioned for it. Why can one not use its meat for preliminary marriage? Rebbi Yose said, they learned tithe only from Cohanim’s bans. Since one may not use Cohanim’s bans for preliminary marriage, one may not use any sacrifices for preliminary marriage. Then one should not be able to use its sinews, bones, horns, and hooves for preliminary marriage. One needs what Rebbi Eleazar said, because a blessing is mentioned for it.

14
English · Heinrich W. Guggenheimer

Rebbi Yudan asked: If somebody said to a woman, draw this animal tithe to you from me and be preliminarily married to me by it after slaughtering. Since it is in his hand to slaughter, is she immediately preliminarily married or only after slaughtering?

15
English · Heinrich W. Guggenheimer

Rebbi Zeïra in the name of Rebbi Abba bar Mamal: If someone steals someone else’s animal tithe, if it still exists he returns it as is, if he ate it, he ate what he ate. Rebbi Eleazar in the name of Rebbi Mana: He cannot ask him to give anything; if it is worth less than a peruṭah one cannot say that he should give. Rebbi Ḥinena said, that is, if it was worth less than a peruṭah from the start. But if it was worth a peruṭah from the start, one tells him to pay.

16
English · Heinrich W. Guggenheimer

Rebbi Jehudah bar Pazi in the name of Rebbi Joshua ben Levi: Alive, but not slaughtered. There, we have stated: “If somebody betrothes a woman with his share in most holy or simple holy sacrifices, she is not betrothed.” Rebbi Jehudah bar Pazi said, Rebbi Jehudah learns all dedicated things from the firstling. Just as one may betrothe a woman with a firstling, so all sacrifices may be used to betrothe a woman. Rebbi Meїr learns all sacrifices from animal tithe. Just as one may not betrothe a woman with animal tithe, so no sacrifices may be used to betrothe a woman. The opinion of Rebbi Jehudah bar Pazi is inverted. There, he says, alive or slaughtered. But here, he says alive, but not slaughtered. There in his own name, here in the name of Rebbi Joshua ben Levi. Even if you say there and here in his own name; if he betrothes while it is still alive and with what is scheduled to fall to him. After slaughter, what is the reason of Rebbi Joshua ben Levi? (Num. 18:18): “Their meat shall be for you, like the breast of weaving.” And what is the reason of Rebbi Jehudah ben Pazi? “Shall be for you”, even after slaughtering. How does Rebbi Joshua ben Levi uphold “shall be for you”? He added another being that it should be eaten during two days and one night.

17
English · Heinrich W. Guggenheimer

Our Mishnah does not follow Rebbi Yose, as it was stated: “One may exchange Second Tithe for a blank, the words of Rebbi Dosa, but the Sages forbid it.” What is Rebbi Dosa’s reason? (Deut. 14:25) “You should bundle the money;” something which is bundled together, or which has a form and is current because of its form. Rebbi Yose in the name of Rebbi Joḥanan: The word of Rebbi Yose that one exchanges [Second] Tithe for a pound of silver. If he had [only] said “silver”, we would have said just as he said silver, so he said gold. If he had [only] said “silver”, we would have taught to exclude broken pots and baskets from which one could get a pound of silver.

18
English · Heinrich W. Guggenheimer

“For a blank”. Everybody agrees that one does not exchange for the coins given to the olearius. That is, the way they are used for the olearius. But the way they are used by the tremissarius one may exchange.

19
English · Heinrich W. Guggenheimer

A coin out of circulation which the government will accept, Rebbi Yose in the name of Rebbi Joḥanan: It is like a blank. Rebbi Ḥiyya in the name of Rebbi Joḥanan: A coin of the earlier kings, if it is currently accepted because of its coinage one exchanges, otherwise one does not exchange. A revolutionary coin like that of Bar Koziba one does not exchange. If he had dangerous coins: such a case came before Rebbi Immi. He said, one should carry its yield to the Dead Sea. If one had coins difficult to determine: Rebbi Jacob bar Zavdi: One exchanges at the value given by the tremissarius. If he wants to spend the coins, he exchanges in his usual way.

20
English · Heinrich W. Guggenheimer

“ One does not exchange it for money in Babylonia nor for Babylonian money here.” Not for money from here in Babylonia if he is in Babylonia; nor for Babylonian money here when he is here. If he had Babylonian money in Babylonia but he is here, let us say that he may exchange if the road was open; but otherwise he cannot exchange and put in order here.

21
English · Heinrich W. Guggenheimer

Rebbi Abin said, all coins were current in Jerusalem in old times, following (Ps. 48:3) “beautiful region, enjoyment of all the earth.”

22
English · Heinrich W. Guggenheimer

I could think that if someone had money on King’s Mountain or in a castle he might exchange based on it. The verse says (Deut. 14:25): “take the silver in your hand;” what means “in your hand”? In your possession! Rebbi Jonah asked, if his wallet with 1’000’000 [denars] fell into a cistern and he could spend 500’000 to get them out, is that as if 500’000 were in his possession?

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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