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The Jerusalem TalmudJerusalem Talmud Maaser Sheni 5.5

The Jerusalem Talmud

Jerusalem Talmud Maaser Sheni 5.5

1
English · Heinrich W. Guggenheimer

MISHNAH: In the afternoon of the holiday they made the declaration. How was the declaration? (Deut. 26:13) “I removed the holy produce from the house,” is Second Tithe and fourth-year growth. “I gave it to the Levite,” is the Levite’s tithe. “Also I gave it,” includes heave and heave of the tithe. “To the sojourner, the orphan, and the widow,” is the tithe of the poor. “From the house,” is ḥallah. “Following Your entire Commandment which You commanded me;” therefore, if he gave Second Tithe before the First he cannot make the declaration. “I did not transgress Your Commandments,” I did not give from one kind for another, not from the harvested on the standing or from the standing on the harvested, not from new for old or from old for new. “And I did not forget,” to praise and mention Your Name over it. (Deut. 26:14) “I did not eat from it in my deep mourning;” therefore if he ate from it in deep mourning he cannot make the declaration. “I did not remove any of it in impurity;” therefore if he separtated it in impurity he cannot make the declaration. “I did not give from it to the dead,” I did not buy from it a casket or shrouds for a dead person nor did I give it to other deep mourners. “I listened to the voice of the Eternal, my God,” I brought it to the Selected House. “I did all You commanded me,” I enjoyed and gave joy to others with it. (Deut. 26:15) “Look down from Your Holy Abode, from Heaven,” we did what You decided for us, You also do what You promised us: “Look down from Your Holy Abode, from Heaven, and bless Your people Israel” with sons and daughters, “and the land You gave us,” with dew, winds, rain and young of the domestic animals, “that You had sworn to our forefathers, a Land flowing with milk and honey” to give taste to the fruits. Because of this, they said that Israel persons and Mamzerim may make the declaration but not proselytes and freed slaves who have no part in the Land. Rebbi Meïr says, also excluding Cohanim or Levites who did not receive any part of the Land. Rebbi Yose says, they have their cities with surroundings. The High Priest Joḥanan disestablished the declaration of tithes. He also eliminated the arousers and the hitters. Up to his days the hammer was hitting in Jerusalem and in his days nobody had to ask about demay.

2
English · Heinrich W. Guggenheimer

HALAKHAH: Could he not make the declaration on the first day of Passover? So he should have something to eat for the holiday. Could he not make the declaration in the morning? While he is commanded to eat.

3
English · Heinrich W. Guggenheimer

It was stated: “And First Fruits.” Who stated “First Fruits”? The rabbis. Who did not state “First Fruits”? Rebbi Simeon. As we have stated: “They are subject to removal but Rebbi Simeon frees them.”

4
English · Heinrich W. Guggenheimer

“I gave it to the Levite,” from here that one does not give tithe to Cohanim.

5
English · Heinrich W. Guggenheimer

Rebbi Jonah said, this means that if his ṭevel was burned he cannot make the declaration. Some Tannaïm say, all commandments in the Torah prevent him; some Tannaïm say, all commandments in the paragraph prevent him. Rebbi Aḥa bar Pappos asked before Rebbi Zeïra, even if he put on head phylacteries before phylacteries on his arm? He said to him, that is also what I am thinking.

6
English · Heinrich W. Guggenheimer

Rebbi Yose ben Rebbi Abun said, he must say “ḥallah for all,” “heave for all.” “To YHWH,” that is the particular Name. From where that he did not do anything until he left some [as profane]? The verse says (Num. 15:21): “Of the beginning” and not all the beginning.

7
English · Heinrich W. Guggenheimer

From where that he would transgress a positive commandment? Rebbi Eleazar in the name of Rebbi Simai (Deut. 26:14): “Nor did I give from it to the dead.” Where do we hold? If it were to bring a casket and shrouds for him, that were also forbidden for a living person! If something is forbidden for the living, not so much more for the dead? What is something which is permitted for the living but prohibited for the dead? That is anointing!

8
English · Heinrich W. Guggenheimer

Rebbi Huna bar Aḥa in the name of Rebbi Alexandros: Come and see the power of those who keep the Commandments because all “lookings down” in the Torah are curses but this one is in the language of blessing. Rebbi Yose ben Ḥanina said, not only that but it is written (Deut. 26:16) “this day,” the condition of every day.

9
English · Heinrich W. Guggenheimer

Rebbi Judah bar Pazi started with this: (Ps. 71:16): “I shall come in strength, Eternal, God.” It is written (Zach. 4:14): “These are the two oil-sons who stand over the Lord of all the earth.” Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One says, these are the ones who come in novitiate before the Holy One, praised be He. The other one says, these are the ones who come by the power of [kept] commandments and good deeds before the Holy One.

10
English · Heinrich W. Guggenheimer

Rav had flax which was blighted. He asked the elder Rebbi Ḥiyya, may one slaughter a bird and mix its blood with flax seed? He said, a cadaver. Why did he not say to him, a torn one? Because of Rebbi Meïr, for Rebbi Meïr said [the blood of] a torn [bird] must be covered. But did not Rebbi Immi say in the name of Rebbi Simeon ben Laqish: From the time when they came from the diaspora, flax was never blighted and wine never became vinegar; they considered this to be due to the merit of the Great Rebbi Ḥiyya and his sons. But Rav is like (Is. 46:12): “Listen to me, mighty of heart, who are far from charity!” Rebbi Abbahu said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. One says, all the world depend on charity but these on strong arms. But the other one said that all good things and consolations come to the world in their merit but they themselves do not profit at all. For example Mar Zuṭra who prayed and fasted for others but for himself he never fasted.

11
English · Heinrich W. Guggenheimer

It was stated: They were given to be distributed, the words of Rebbi Jehudah. Rebbi Yose said, they were given as dwellings. It turns out that Rebbi Jehudah holds with Rebbi Yose and Rebbi Meïr follows his own opinion as we have stated: “They were paying rent to the Levites, the words of Rebbi Jehudah; Rebbi Yose says they were not paying rent.”

12
English · Heinrich W. Guggenheimer

Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: Our Mishnah after the people were suspected of giving tithe to Cohanim. There is support for Rebbi Joḥanan in one and disagreement with him in one. Disagreement with him as we have stated: “Similarly, the daughter of a Cohen [married] to a Levite should eat neither heave nor tithe.” We understand that she should not eat heave. But tithe any way you take it, if she is a Cohen’s daughter she should eat, if she is a Levite’s wife she should eat. Rebbi Hila in the name of Rebbi Joḥanan: [It follows] him who says one does not give tithe to Cohanim. That means, he himself says one gives heave to Cohanim.

13
English · Heinrich W. Guggenheimer

It supports him because he says it is all praise, as Rebbi Joḥanan said, Joḥanan the High Priest sent and checked in all localities of Israel and found that they separated only Great Heave. But First and Second Tithes some were separating and some did not. He said, since [omitting] First Tithe is a deadly sin and [omitting] Second Tithe [implies] the sin of ṭevel, a person should give a name to heave and heave of the tithe and give them to the Cohen; Second Tithe he exchanges for coins. About the remaining tithe of the poor, he who has a claim on another person must bring proof.

14
English · Heinrich W. Guggenheimer

Why should he not make the declaration? Rebbi Hila said, he causes anger before the Omnipresent by saying “I did” when he did not. If it is so, he who separated should make the declaration, he who did not separate should not make the declaration, as we have stated: “Up to ‘Look down’ they were saying it in an undertone, from ‘Look down’ onwards in a high voice.”

15
English · Heinrich W. Guggenheimer

“The arousers.” Those who were saying (Ps. 44:24): “Be roused, why do You sleep, o Eternal, please awake, do not abandon forever.” Does there exist sleep before the Omnipresent? Has it not already been said (Ps. 121:4): “Lo, He will not slumber nor sleep, the Guardian of Israel!” Why does the verse say (Ps. 78:65): “Like a sleeper awoke the Eternal, like a hero exhilarated by wine.” But in a symbolic way it is as if sleep were before Him when Israel is in trouble and the other peoples are at ease. So it says (Job 17:2): “When they apostasize, My eye will rest.”

16
English · Heinrich W. Guggenheimer

“The hitters.” Those who were hitting the calf between its horns. Joḥanan the High Priest said to them, how long will you feed torn animals to the altar? He went and made them rings. Rebbi Abba in the name of Rebbi Jehudah: He made rings for them, rings wide below and narrow at the top.

17
English · Heinrich W. Guggenheimer

“Up to his days the hammer was hitting in Jerusalem,” up to his early days. “And in his days nobody had to ask about demay” because he sent out teams.

18
English · Heinrich W. Guggenheimer

The word of Rebbi Joshua ben Levi implies some are censure and some praise. Since Rebbi Yose said in the name of Rebbi Tanḥum bar Ḥiyya, Rebbi Ḥizqiah, Rebbi Eleazar ben Rebbi Yose, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joshua ben Levi, originally tithe was split into three parts. One third to his acquaintances among Cohanim and Levites, one third to the public treasury, one third to the poor and the fellows in Jerusalem. Rebbi Yose ben Rebbi Abun said, a person who went to court in Jerusalem, up to three letters he paid for himself, from there on from the public treasury. When Eleazar ben Paḥora and Judah ben Patora came, they took it by force and it would have been in his hand to stop this but he did not but disestablished the declaration of tithes, and this is for censure. But the arousers for praise and the hitters for praise.

19
English · Heinrich W. Guggenheimer

“Up to his days the hammer was hitting in Jerusalem,” up to his early days. Rebbi Ḥasida asked Rebbi Ḥizqiah, is it not reasonable to the end of his days. He said, I also am of that opinion.

20
English · Heinrich W. Guggenheimer

{What means] demay? Rebbi Yose in the name of Rebbi Abbahu, Rebbi Ḥizqiah in the name of Rebbi Jehudah ben Pazi: Maybe he put in order, maybe he did not put in order.

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Jerusalem Talmud Maaser Sheni 5.5English
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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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