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Yevamos 86
YEVAMOS 86-90 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 5] MI'SHEMEI DI'GEMARA - according to a tradition that he received
in the name of Rebbi Meir
2) [line 12] TOVELES - causes the produce from which it is yet to be removed
to be forbidden as Tevel, for which the punishment for eating is Misah
b'Yedei Shamayim
3) [line 17] MA'ASER SHENI / MA'ASER ANI
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah from the crop and give it to a Kohen. Although the
Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called Ma'aser Rishon; one tenth of the produce must be given
to a Levi.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called *Ma'aser Ani* and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
86b---------------------------------------86b
4) [line 5] B'ESRIM V'ARBA'AH MEKOMOS NIKRE'U KOHANIM LEVIYIM - there are
twenty-four places in the Tanach where Kohanim are called Leviyim. The
Kohanim actually descend from the tribe of Levi. RASHI (Chulin 24b) suggests
that they were called "Leviyim" because they "serve" in the Beis ha'Mikdash,
and the word "Levi" also means "to serve," as in the verse "v'Yilavu Alecha
v'Yesharsucha," - "and they will be joined to you and will serve you"
(Bamidbar 18:2). See Insights for a discussion of these 24 instances.
5) [line 10] D'LO BA'I CHOMAH - it does not have to be eaten within a walled
city (like Ma'aser Sheni, which must be eaten inside Yerushalayim)
6) [line 11] GINESA - garden
7) [line 13] AHADREI L'FISCHA L'VEI KIVREI - he moved the entrance to the
garden so that it opened onto a cemetery. (According to the Yerushalmi there
were originally two entrances and he closed the one that did not open onto
the cemetery.)
8a) [line 14] TARMIL - (O.F. bolzole?) a leather bag in which a shepherd
carries his food, and on which he sleeps; alt. (O.F. boteile) a small
leather pouch
b) [line 14] AKIVA B'TARMILO - Akiva [has come] with his shepherd's purse
[in order to collect the Ma'aser Rishon for the poor]
c) [line 14] VA'ANA CHAYEI - (a) how will I remain alive (because of the
loss of provisions)? (b) while I am still alive? [I have a tradition from
Ezra ha'Kohen (from whom I am a tenth-generation descendent), who fined the
Leviyim of his time and decreed that Ma'aser Rishon be given to the
Kohanim!] (MAHARSHA)
9) [line 36] TOCHAL B'TERUMAH (MA'ACHIL B'TERUMAH U'POSEL B'TERUMAH)
(a) All of the Kohanim, male or female are entitled to eat Terumah. However,
when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and
she is considered a Zar (non-Kohen), who is prohibited from eating Terumah
(that is, her husband is "Posel" her from eating Terumah). Should her
Yisrael husband divorce her or die, she may eat Terumah as before, as long
as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth,
she is prohibited from eating Terumah as are all Zaros. If she marries a
Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat
Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she
has no children from him, the prohibition for her to eat Terumah returns. If
she does have a child from him, she continues to eat Terumah in the merit of
her late husband, the father of her child (ibid.).
(c) Not only children can cause a woman to eat Terumah or make a woman unfit
to eat Terumah (as if she were still married), but this Halachah applies to
grandchildren or any other descendents, male or female, no matter whether
they are Kohanim, Yisraelim, or even Mamzerim. (For example, the wife of a
Kohen has a Yisrael grandchild from her daughter, she eats Terumah because
of him.) Descendents that are slaves or maidservants (such as if her son had
relations with a maidservant), however, are not considered descendents with
regard to the above-mentioned Halachos of eating Terumah (MISHNAH Yevamos
69b). The Halachah that Children are Ma'achilim and Poslim applies even if
the children were born out of wedlock (ibid.).
(d) A wife is termed the "Kinyan" ("possession") of her husband, and eats
Terumah because of him (if she is a Bas Yisrael) or is prohibited from
eating Terumah because of him (if she is a Bas Kohen), from the moment she
becomes an *Arusah* (betrothed) to him, even before their Nisu'in
(marriage). However, the Chachamim decreed that an Arusah may not eat
Terumah. The Amora'im argue as to the reason for this decree: (1) Some claim
that the reason is lest a Bas Yisrael give a cup of Terumah wine to her
brothers or sisters, since she still lives and eats in her father's house
while she is an Arusah. (2) Others state that the reason for the decree is
because of "Simfon," that is, her intended husband might yet find a blemish
in her that will render the betrothal a "Mekach Ta'us" (a mistaken
acquisition), in which case she is retroactively not betrothed to him
(Kesuvos 57b). Originally the Chachamim ruled that an Arusah is permitted to
eat Terumah even before her marriage if 12 months have elapsed since the
betrothal, since the husband is required to provide for her support at that
time. Afterwards, they reconsidered and decreed that she not eat Terumah at
all until the marriage.
(e) Even the slaves of Kohanim eat Terumah because of their master, since
they are his possessions.
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