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1) PAYING FOR DAMAGE TO "MATANOS"

(a) Question (Beraisa): If the king's officers took Reuven's grain:

1. If they took it for money he owed, he must take Ma'aser [from other Tevel, and give the Ma'aseros to the proper recipients - the same applies to one who eats or damages Tevel]!
2. If he did not owe anything (they merely stole it), he is exempt.

(b) Answer: That case is different, for he saves money (had they not taken his Tevel, they would have taken other money; he did not save money by eating Tevel, since he could have fasted or eaten very little).
(c) Question (Mishnah): If Reuven bought the innards of a cow from a butcher, Reuven gives the stomach to a Kohen, without deducting from the price;

1. If Reuven bought by weight, he gives the stomach to a Kohen, and does not pay for its weight.
2. Why must he give to a Kohen? Selling it is like damaging it, we should say that there is no longer a Mitzvah to give it!

(d) Answer: When the Matanos are intact, they must be given.
(e) Question (Beraisa): Nine [of the 24] Matnos Kehunah are the property of the Kohen:

1. Terumah, Terumas Ma'aser, Chalah, Reishis ha'Gez, Matanos, Terumas Ma'aser of Demai, Bikurim, Keren v'Chomesh (the principal of Gezel ha'Ger and its added fifth). (Rashi lists six other Matnos Kehunah that are the property of the Kohen; some pairs are counted like one, so the total is nine. Tosfos' text says seven; the Tana excludes Reishis ha'Gez, for it is permitted to Zarim, and it does not Tovel (forbid shearings before it is given). Keren v'Chomesh refer to payment for Terumah eaten by a Zar, and they are counted like one.)
2. Suggestion: These are called the property of the Kohen to teach that if someone eats or damages them, he must pay the Kohen!

(f) Answer: No; rather it teaches as follows:

1. (Mishnah): These are called property of the Kohen to teach that he may buy with them slaves, land, or Tamei animals; they can be used to pay a debt or Kesuvah, or to buy a Sefer Torah (even though a Sefer Torah has no connection to food, it cannot even be rented out to get money for food).

(g) A certain Levi used to seize Matanos (being sent to a Kohen).

1. Rav: Is it not enough that we do not make him give, such that he even grabs from others?!

(a) Question: (Matanos are taken "Me'es ha'Am") - Does Rav say that Leviyim are included in "ha'Am" (and therefore obligated to give them), or not?

1. If they are included, why do we not take from Leviyim?
2. If they are not included, why did Rav say, "Is it not enough that we do not make him give"? The Torah exempts him!

(b) Answer: Rav is unsure whether or not they are included (we do not make them give because of the doubt).
(c) Question (to be formulated on 131b - Rav Idi bar Avin - Beraisa): There are four Matnos Aniyim in a vineyard:

1. Peret (grapes that drop during harvesting), Olelos (deficient clusters), Shichechah (forgotten grapes) and Pe'ah (a corner of the field or vineyard left unharvested).
2. There are three Matnos Aniyim of grain: Leket (sheaves that drop during harvesting), Shichechah and Pe'ah;
3. There are two Matanos on trees: Shichechah and Pe'ah.

(d) Regarding all of these, the owner has no Tovas Hana'ah (he may not choose to which poor person to give them); even if the owner is the poorest person in Yisrael; if he took them, we force him to give them to other Aniyim.
(e) A landowner has Tovas Hana'ah of Ma'aser Ani that is distributed from the house (i.e. in winter);

1. Even if he is poor, we force him to give it to other Aniyim.

(f) Regarding other Matnos Kehunah, like Zero'a Lechayayim v'Keivah, we do not force a Kohen or Levi to give them to another Kohen or Levi (this will be explained).
(g) The four Matanos in a vineyard are derived as follows:

1. "v'Charmecha Lo *Se'olel*, *u'Feret* Karmecha Lo Selaket" teaches Olelos and Peret.
2. (R. Levi): "Ki Sivtzor Karmecha Lo Se'olel *Acharecha*" - this teaches Shichechah;
3. Pe'ah is learned from a Gezeirah Shavah "Acharecha-Acharecha" from olives:

i. (Beraisa - Tana d'vei R. Yishmael): "When harvesting your olives, Lo Sefa'er Acharecha" - do not take the beauty (the corner).

(h) The three Matanos from grain are learned from "Lo Sechaleh *Pe'as* Sadcha b'Kutzrecha *v'Leket* Ketzircha Lo Selaket" and "*v'Shachachta* Omer."

(i) Regarding trees, Tana d'vei R. Yishmael expounded Pe'ah from "When harvesting your olives, Lo *Sefa'er* Acharecha";

1. "Acharecha" teaches Shichechah.

(j) Regarding all of these, the owner may not choose which poor person to give them to.
(k) Question: Why is this?
(l) Answer: It says "Ta'azov (leave)."
(m) Even if the owner is poor, if he took them, we force him to give them to other poor people - "l'Ani vela'Ger Ta'azov" commands him to leave them.
(n) The owner has Tovas Hana'ah of Ma'aser Ani that is distributed from the house (i.e. in winter).
(o) Question: Why is this?
(p) Answer: It says "v'Nasata (you will give)."
(q) Even if the owner is poor, we force him to give to other Aniyim.

1. (R. Ila'a): We learn from a Gezeirah Shavah "la'Ger-la'Ger" from other Matnos Aniyim that a poor owner is commanded to leave them.

(r) Regarding other Matnos Kehunah, like Zero'a Lechayayim v'Keivah, we do not force a Kohen to give them to another Kohen, or a Levi to give to another Levi.

1. Inference: We do force a Levi to give them to a Kohen!

(a) Summation of question: Why did Rav not learn from this Beraisa that Leviyim are included in "ha'Am"?
(b) Answer: The Beraisa discusses Matanos *like* Zero'a Lechayayim v'Keivah, not Zero'a Lechayayim v'Keivah themselves.
(c) Question: Which Matanos does it discuss?
(d) Answer #1: It discusses Ma'aser Rishon.

1. Question: A Levi receives Ma'aser Rishon, he need not give it to a Kohen!
2. Answer: The Beraisa is like R. Elazar ben Azaryah:

i. (Beraisa - R. Akiva): We give Terumah to a Kohen and Ma'aser Rishon to a Levi;
ii. R. Elazar ben Azaryah says, Ma'aser Rishon is given even to a Kohen.

3. Question: R. Elazar only said that it is given *even* to a Kohen, he did not say that it is given *only* to a Kohen!
4. Answer: He holds that after Ezra fined the Leviyim (for not returning to Eretz Yisrael at the beginning of the time of Bayis Sheni), it is given only to a Kohen.
5. Objection: Ezra fined them, that Yisraelim should give only to Kohanim; he did not obligate Leviyim to give to Kohanim!

(e) Answer #2: Rather, the Beraisa discusses Reishis ha'Gez (Leviyim must give it to Kohanim).
(f) Question (Beraisa): The general rule is - anything with Kedushah (that is forbidden to a Zar), like Terumah, Terumas Ma'aser and Chalah, Leviyim must give to Kohanim;

1. Anything without Kedushah, like Zero'a Lechayayim v'Keivah, Leviyim need not give to Kohanim.
2. (Why did Rav not learn from this Beraisa that Leviyim are not included in "ha'Am"?)

(g) Answer: The Beraisa discusses Matanos *like* Zero'a Lechayayim v'Keivah, namely, Ma'aser Rishon.
(h) Question (Beraisa): If one slaughters an animal for a Kohen or Nochri, he is exempt from Matanos.

1. Inference: If he slaughters for a Yisrael or Levi, he must give them!

(i) Answer: No - if he slaughters for a Yisrael, he must give them.
(j) Question #1: If one who slaughters for a Levi is exempt, the Beraisa should [explicitly] exempt one who slaughters for a Levi or Nochri!
(k) Question #2 (Beraisa): If one slaughters for a Kohen or Nochri, he is exempt; if he slaughters for a Yisrael or Levi, he must give Matanos.

1. This refutes Rav!

(l) Answer (to both questions): Tana'im argue about this.

1. (Beraisa #1): "v'Chiper Es Mikdash ha'Kodesh" - this Avodah (on Yom Kipur) atones for transgressions of Tum'ah in the Mikdash; "Ohel Mo'ed" - [it atones for Tum'ah in] the Heichal; "ha'Mizbe'ach" - the Mizbe'ach; "Yechaper" - the courtyards of the Mikdash; "ha'Kohanim" - for the Kohanim; "Am ha'Kahal" - for Yisrael; "Yechaper" - for the Leviyim (Leviyim are not included in "Am ha'Kahal");
2. (Beraisa #2): "Yechaper" - it atones for slaves. (This Tana must hold that Leviyim are included in "ha'Kahal.")

(m) Question: If Rav says that the Halachah follows Tana #1, he should exempt Leviyim from Matanos; if the Halachah follows Tana #2, he should obligate them!
(n) Answer: Rav was unsure whom the Halachah follows.
(o) (Mereimar): The Halachah follows Rav and Rav Chisda (who exempts one who damages Matnos Kehunah).