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Rosh Kollel: Rabbi Mordecai Kornfeld

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Makos 19

MAKOS 16-20 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Question (Rava bar Ada): From what point are Bikurim forbidden to a Zar by Misas Bi'Dei Shamayim?
(b) Answer: After they enter the Azarah.
(c) This is like R. Eliezer.
1. (Beraisa - R. Eliezer): If Bikurim are partially in the Azarah, the part inside is like Hekdesh in all respects, the part outside is like Chulin in all respects.
(d) (Rav Ashi): Hanachah is Me'akev Bikurim, Kri'ah is not Me'akev.
(e) This is like R. Yishmael.
1. (Beraisa - R. Yosi citing R. Yishmael) Suggestion: One might have thought, even nowadays (i.e. after the Churban) a person can bring Ma'aser Sheni to Yerushalayim and eat it.
i. Question: We should learn from Bechor, which also must be brought to Yerushalayim, it only applies when the Mikdash stands!
ii. Answer: We do not learn from Bechor, for its blood and Eimurim must be thrown on the Mizbe'ach.
iii. Question: We should learn from Bikurim (which do not apply today)!
iv. Answer: We do not learn from Bikurim, for they require Hanachah.
2. Rejection: "V'Achalta...Ma'aser Degancha...u'Vchoros Bekarcha" - this equates Ma'aser to Bechor;
i. Just as Bechor only applies when the Mikdash stands, also Ma'aser.
3. (This shows that R. Yishmael says that Kri'ah is not Me'akev) - he did not say, we do not learn from Bikurim, for they require Hanachah and Kri'ah.
(f) Objection (Rav Ashi): Granted, Kri'ah is not Me'akev, but there is a Mitzvah to do Kri'ah - this should have been part of the question!
(g) Answer (Rav Ashi): He did not ask from Kri'ah, because it does not always apply, e.g. regarding a convert, for he cannot say "Asher Nishba Hash-m la'Avoseinu".
(h) Question: Why do we need a Hekesh to learn from Bechor - we should be able to learn from the Tzad ha'Shavah of Bechor and Bikurim!
(i) Answer: We cannot learn from them, for both pertain to the Mizbe'ach (blood and Eimurim of Bechor are thrown on it, Bikurim are put down near it).
(j) Question: What is R. Yishmael's opinion regarding the Kedushah of the Mikdash?
1. If he holds that the original Kedushah was permanent (it applies even today), we should be able to bring Bechor today!
2. If the original Kedushah was not permanent, he should also ask about Bechor (e.g. if Zerikah was done while the Mikdash stood, and the meat remained after the Churban, may it be eaten in Yerushalayim?)!
(k) Answer (Ravina): He holds that the original Kedushah was not permanent;
1. If Zerikah of a Bechor was done, and the Churban came and meat remained, it is obvious to him that it is forbidden because he equates the meat to the blood;
i. Just as the Mizbe'ach is needed to throw the blood, it is a condition to eat the meat.
(l) Question: R. Yishmael learned Ma'aser from a Hekesh to Bechor - but Bechor itself was learned from a Hekesh, it cannot teach through a Hekesh (regarding Kodshim).
(m) Answer: Ma'aser (of produce) is not Kodshim, it is Chulin.

(n) Question: This is according to the opinion that it depends on whether or not the matter being learned is Kodesh;
1. But according to the opinion that it depends on the matter being learned from, Bechor is Kodesh, we cannot learn to Ma'aser!
(o) (The Hekesh (k:1) merely revealed that) blood and meat (of the Bechor) are the same (we do not consider the prohibition to eat the meat to be derived from somewhere else).
(a) (Mishnah): Kodshei Kodoshim...(and Ma'aser Sheni outside the wall)
(b) Question: The first Mishnah of our Perek already taught Ma'aser Sheni and Hekdesh that were not redeemed!
(c) Answer (R. Yosi b'Rebbi Chanina): Our Mishnah discusses a Tahor (person) eating Tahor Ma'aser Sheni outside Yerushalayim, the first Mishnah discusses a Tamei eating Tamei Ma'aser Sheni in Yerushalayim.
(d) Question: What is the source that one is lashed for this?
(e) Answer (Beraisa - R. Shimon): "V'Lo Vi'arti Mimenu b'Tamei" - (in the confession of Ma'aser) I did not eat when I or the Ma'aser was Tamei;
1. I do not know where the Torah warns against this...
i. Interjection: The Torah explicitly warns a Tamei person - "...V'Tam'ah Ad ha'Erev v'Lo Yochal Min ha'Kodoshim"!
ii. Clarification: R. Shimon asks where the Torah warns against eating Tamei Ma'aser.
2. Continuation: It says (regarding a blemished Bechor) "Bi'Sh'arecha Tochalenu ha'Tamei veha'Tahor Yachdav";
i. (Tana d'vei R. Yishmael): A Tamei and Tahor may eat from the same bowl, we are not concerned that the food is Tamei.
ii. It says "Lo Suchal Le'chol bi'Sh'arecha (Ma'aser...)", i.e. Ma'aser may not be eaten like something else (a blemished Bechor) eaten "bi'Sh'arecha", i.e. when the food is Tamei.
(a) Question: What is the source that Tamei Ma'aser may be redeemed?
(b) Answer (R. Elazar): Tamei Ma'aser may be redeemed, even in Yerushalayim (because it may not be eaten) - "Lo Suchal Se'eiso";
1. 'Seis' refers to eating - "Va'Yisa *Mas'os* me'Es Panav" (Yosef gave his brothers to eat.).
(c) (Rav Bivi): Tahor Ma'aser may be redeemed even one step outside the wall (because it may not be eaten there) - "Lo Suchal Se'eiso".
(d) Question: We need the verse for R. Elazar's law!
(e) Answer: If it only taught his law, it should have said 'Lo Suchal L'achlo';
1. "Seiso" (which connotes carrying) alludes to Rav Bivi's law (permission to eat depends on carrying it into Yerushalayim).
(f) Question: Perhaps the verse only teaches Rav Bivi's law! (g) Answer: If so, it should have said 'Lo Suchal Litlo';
1. Rather, it says "Seiso", which also connotes eating, to teach both.
(h) (R. Chanina and R. Hoshaya): What is the law if he is (carrying Ma'aser) at the entrance to Yerushalayim?
1. Clearly, if he is outside and the Ma'aser is inside, it is considered inside (and it may not be redeemed if it is Tahor);
2. If he is inside and the Ma'aser is outside, what is the law?
(i) Answer (An elder from R. Shimon's academy): "Ki Yirchak *Mimcha* ha'Makom" - from your entirety, i.e. you may redeem (Tahor) Ma'aser only if you and your load are outside.
(j) Question (Rav Papa): What if he is (inside,) holding it on a reed (and the Ma'aser is outside)? (Perhaps it is not considered that he is carrying it, so he may redeem it.)
(k) This question is not resolved.
(l) (Rav Asi): One is liable for eating Ma'aser Sheni outside Yerushalayim only if it was once inside.
1. It says "Lifne Hash-m Elokecha Tochalenu...", and "Lo Suchal Le'chol bi'Sh'arecha" - the Lav only applies if it was once possible to eat it "Lifne Hash-m" (inside Yerushalayim).
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