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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 54
BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of
Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
Nishmaso.
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1) HOW MUCH IS THE ADDED FIFTH
(a) Question: Is the fifth an inner fifth (of the principal),
or an outer fifth (of the principle and fifth, i.e. a
quarter of the principal)?
(b) Answer (Ravina - Mishnah): If Reuven (the owner of a
field) offers to redeem his field for 20, the same as
others offer, he redeems it, because he adds a fifth;
1. If Shimon offers to redeem the field for 21, Reuven
must pay 26 (the 20 he offered and five for the
fifth, plus another one because he may not pay less
principal than Shimon's appraisal).
2. Likewise, if Shimon offers between 22 and 25, Reuven
must pay five more - the fifth of his own offer, and
Shimon's appraisal - but he need not add a fifth of
the excess of Shimon's offer over his own.
i. Since the fifth of 20 is five, this shows it is
an outer fifth.
(c) Conclusion: Actually, Tana'im argue if it is an outer or
inner fifth.
1. (Beraisa - R. Yoshiya): "V'Yasaf Chamishiso Alav" -
it and the fifth are five (i.e. it is four, the
fifth is one, an outer fifth);
2. R. Yonason says, "Chamishiso (its fifth)" - the
fifth is of the principle (an inner fifth).
2) IS THE ADDED FIFTH ESSENTIAL?
(a) Question: If the fifth was not given, was the redemption
valid?
1. Does the principal redeem, and the added fifth is a
separate obligation?
2. Or - perhaps the added fifth is needed to redeem!
(b) Answer (Mishnah): (Ma'aser Sheni of) Demai - the added
fifth and Bi'ur do not apply to it.
1. Inference: One must pay principal (to redeem it).
2. The reason is, since principal is essential to
redeem mid'Oraisa Ma'aser, it applies to mid'Rabanan
Ma'aser;
i. Since the added fifth is not essential to
redeem mid'Oraisa Ma'aser, it does not apply to
mid'Rabanan Ma'aser.
(c) Suggestion: Tana'im argue if the added fifth is
essential.
1. (Beraisa - R. Eliezer): If one gave the principal
(to redeem Ma'aser) but not the added fifth, he may
eat it;
2. R. Yehoshua says, he may not eat it.
3. Rebbi says, R. Eliezer's opinion is presumably true
regarding Shabbos, R. Yehoshua's opinion is true for
a weekday.
i. This implies, they argue both on Shabbos and on
a weekday.
ii. Suggestion: R. Eliezer holds that the added
fifth is not essential, R. Yehoshua holds that
it is essential!
(d) Rejection (Rav Papa): No, all agree that the added fifth
is not essential;
1. They argue whether we are concerned that he will
neglect to pay it - R. Yehoshua is concerned, R.
Eliezer is not.
(e) (R. Yochanan): All agree regarding Hekdesh that it is
redeemed without the added fifth - since Gizbarim
(treasurers of Hekdesh) demand payment from him in the
market, we are not concerned that he will not pay.
(f) Question: But they argue regarding Hekdesh!
1. (Beraisa - R. Eliezer): If one gave the principal
(to redeem Hekdesh) but not the added fifth, it is
redeemed;
2. Chachamim say, it is not redeemed.
3. Rebbi says, R. Eliezer's opinion is presumably true
regarding Hekdesh, Chachamim's opinion is true
regarding Ma'aser.
i. This implies, they argue both regarding Hekdesh
and Ma'aser!
(g) Correction (R. Yochanan): All agree regarding Hekdesh
that on Shabbos, it is considered redeemed without the
added fifth.
1. Firstly, "v'Karasa l'Shabbos Oneg" (therefore,
Chachamim should be lenient to allow enjoyment of
Shabbos);
2. Secondly, since Gizbarim demand payment from him in
the market, surely he will pay.
3) IS THE ADDED FIFTH AS THE PRINCIPAL?
(a) Question #1 (Rami bar Chama): Hekdesh cannot be redeemed
on land - "v'Nosan ha'Kesef v'Kam Lo";
1. Can the added fifth be redeemed on land?
(b) Question #2 (Rami bar Chama): A non-Kohen that
unintentionally ate Terumah - the payment for it must be
from Chulin - "v'Nosan la'Kohen Es ha'Kodesh" - something
fitting to become Kodesh;;
1. Must the added fifth be from Chulin?
(c) Question #3 (Rami bar Chama): Ma'aser cannot be redeemed
on an Asimon - "v'Tzarta ha'Kesef b'Yadecha"; to include
anything with a Tzurah (image);
1. Can the added fifth be redeemed on an Asimon?
(d) Answer (Rava): By all of these it says "Alav" - the added
fifth has the same law as the principal.
(e) Support (Ravina - Mishnah): One who steals Terumah and
did not eat it, he pays double the value of the Terumah;
1. If he ate it, he pays one principal and an added
fifth from Chulin, and a second principal, the value
of the Terumah.
54b---------------------------------------54b
2. This teaches that the added fifth is like the
principal.
(a) (Rava): Regarding theft, it says "va'Chamishisav Yosef
Alav".
1. (Mishnah): If Reuven paid the principle, and
(falsely) swore that he also paid the added fifth,
he must pay (the added fifth and) an additional
fifth of the added fifth.
2. Each time he swears falsely about paying a fifth (of
a fifth...) he is obligated to add a fifth of what
he swore about, until the denied money is less than
a Perutah.
(f) (Rava): Regarding a non-Kohen who unintentionally eats
Terumah, it says "v'Yasaf Chamishiso Alav";
1. (Mishnah): A non-Kohen who unintentionally eats
Terumah pays principal and an added fifth; this
applies to one who eats, drinks or anoints, whether
the Terumah is Tahor or Tamei;
2. He pays the added fifth and (if he eats the fifth
after he gave it to the Kohen, which makes it
Terumah) an added fifth on the fifth;
3. Regarding Ma'aser, we have no verse nor Mishnah
teaching that he adds a fifth on the fifth - we have
no doubt (clearly, if one redeems his Ma'aser and
later redeems the redemption money, he (adds a
second fifth on the principal but) does not add a
fifth on the fifth, for we have no source for this).
(g) (Rava): Regarding Hekdesh, it says "v'Yasaf Chamishis";
1. (Mishnah): One who redeems Hekdesh - he adds a
fifth;
2. The Mishnah says that he adds a fifth, it does not
say that he adds a fifth on the fifth (if he redeems
the redemption) - what is the law?
i. By Terumah, it says "va'Yasaf" - one can take
the 'Vov' and append it to "Chamishiso", to
make 'Chamishisav' (its fifths);
ii. Regarding Hekdesh, it says - even if we append
the 'Vov', we are left with 'Chamishiso' (one
fifth)!
(h) Question: We should know the law because it is secondary
Hekdesh!
1. (R. Yehoshua ben Levi): One adds a fifth on initial
Hekdesh, not on secondary Hekdesh.
(i) Answer (Rav Papi): Rava meant, the added fifth is like
initial Hekdesh (since it does not come in place of
another Kedushah).
(j) Question: What was the conclusion?
(k) Answer (Rav Tavyomi): "V'Yasaf Chamishis Kesef Erkecha" -
the Torah equates the added fifth to money of Erchin.
1. Just as one adds a fifth on Erchin, also on the
added fifth of Hekdesh.
4) SECONDARY HEKDESH
(a) (R. Yehoshua ben Levi): One adds a fifth on initial
Hekdesh, not on secondary Hekdesh.
(b) (Rava): He learns from "ha'Makdish" (one who makes new
Hekdesh), - not ha'Matfis (one who imbues Chulin with the
Kedushah of existing Hekdesh).
(c) (A Tana (reciter of Beraisos)): "Ba'Behemah ha'Teme'ah" -
just as a Tamei animal is initial Hekdesh, and the owner
has no part in it (it is Hekdesh of Bedek ha'Bayis), and
Me'ilah applies to it, any initial Hekdesh in which the
owner has no part in it, Me'ilah applies to it.
(d) (R. Elazar): I understand 'the owner has no part in it' -
this excludes Kodshim Kalim - since the owner has a
share, there is no Me'ilah,
(e) Question (R. Elazar): But 'initial Hekdesh' - what does
this come to exclude? Can you say that Me'ilah only
applies to initial Hekdesh, not to secondary Hekdesh?!
1. Perhaps it refers (not to Me'ilah, rather to) the
added fifth, as R. Yehoshua ben Levi?
(f) The Tana: That is what I meant.
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