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Bava Metzia Chart #11

Bava Metzia Daf 44b-45b

IS GOLD CONSIDERED "TIV'A" (CURRENCY) OR "PEROS" (MERCHANDISE) WITH REGARD TO THE REDEMPTION OF MA'ASER SHENI?(1)
  (A) BEIS SHAMAI
(GOLD MAY NOT BE USED)
(B)
BEIS HILLEL
(GOLD MAY BE USED)
1ST VERSION
(Is gold considered Tiv'a or Peros?)
1a) THEY ARGUE ABOUT "CHILUL" OF SILVER UPON GOLD Gold is Peros
(in relation to *silver*)
Gold is Tiv'a
1b) THEY ARGUE EVEN ABOUT "CHILUL" OF FRUIT UPON GOLD Gold is Peros Gold is Tiv'a
2ND VERSION
("Kesef Rishon," not "Kesef Sheni")
2a) THEY ARGUE ABOUT "CHILUL" OF SILVER UPON GOLD Gold is Tiv'a Gold is Tiv'a(2)
2b) THEY ARGUE EVEN ABOUT "CHILUL" OF FRUIT UPON GOLD Gold is Peros Gold is Tiv'a(2)
3RD VERSION
("Shema Yish'heh")
(4)
3a) THEY ARGUE ABOUT "CHILUL" OF SILVER UPON GOLD(3) Gold is Tiv'a Gold is Tiv'a(2)
3b) THEY ARGUE EVEN ABOUT "CHILUL" OF FRUIT UPON GOLD Gold is Tiv'a(5) Gold is Tiv'a(2)
==========
FOOTNOTES:
==========
(1) This chart discusses the status of gold with regard to the redemption of fruits (or coins) of Ma'aser Sheni. When transferring the Kedushah of Ma'aser Sheni outside of Yerushalayim, the Kedushah must be transferred only onto a coin and not onto other fruits or objects, as the Torah states, "v'Tzarta ha'Kesef" -- "And you shall wrap the money in your hand" (Devarim 14:25). Those who maintain that silver coins of Ma'aser Sheni may be transferred to gold coins maintain that gold has the status of a coin, and not "fruits" (or merchandise), with relation to silver. It would seem that the same would apply to Kinyan Meshichah -- according to the opinion that holds that gold is Peros in relation to silver, a Meshichah on gold coins will be Koneh silver coins, while according to the opinion that holds that gold is currency, a Meshichah on silver coins will be Koneh gold coins. If this is so, Beis Hillel is following the view of Rebbi in his youth (who had a different Girsa than ours in the Mishnah). However, we find a number of Rishonim who differentiate between the status of "Tiv'a" for Ma'aser Sheni and "Tiv'a" for purchasing; according to them the view of Beis Hillel is in accordance with the Girsa of our Mishnah (see Insights).
(2) The straightforward understanding is that according to all three versions of the Machlokes, Beis Hillel holds that gold is considered *currency* with regard to the redemption of Ma'aser Sheni. However, the RAMBAN writes that according to the second and third versions, gold is considered *Peros* relative to silver with regard to Ma'aser Sheni. Nevertheless, it may be used for the redemption of Ma'aser Sheni outside of Yerushalayim because of the Gezeiras ha'Kasuv of "Kesef-Kesef," which teaches that any item which is considered currency in any place (such as gold, which is certainly currency in relation to actual fruit) is always considered currency with regard to redeeming Ma'aser Sheni. (See Insights.)
(3) According to this version, Beis Shamai agrees with regard to redeeming fruit with gold that there is no Gezeirah of "Shema Yish'heh Aliyosav," because a person does not wait for his fruits to accumulate before being Mechalel them (lest they rot).
(4) That is, a gold Dinar is a large coin. If it is permitted to redeem Ma'aser Sheni with it, a person might delay transferring the Kedushah of his Ma'aser Sheni coins and bringing them to Yerushalayim until he has collected a gold Dinar's worth, which will take a long time. This Isur is only mid'Rabanan, and b'Di'eved the redemption takes effect.
(5) So writes Rashi (DH Afilu b'Peros), who says that Beis Shamai's reason according to this version is because there is a Gezeirah of "Shema Yish'heh" even for actual fruit. However, the Ritva cites others who explain that Beis Shamai's reason according to this version is exactly like his reason according to the first and second versions -- gold is considered Peros even in relation to actual fruit and not just in relation to coins of silver. (The Acharonim discuss why Rashi does not give this reason; see He'aros b'Maseches Bava Metzia and others.)


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