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4:5:1

משנה: עַד אֵימָתַי מוּתָּר לְהַחֲזִיר. בַּכְּרַכִּין עַד כְּדֵי שֶׁיַּרְאֶה לַשּׁוּלְחָנִי וּבַכְּפָרִין עַד עַרְבֵי שַׁבָּתוֹת. אִם הָיָה מַכִּירָהּ אֲפִילוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ מְקַבְּלָהּ מִמֶּנּוּ וְאֵין לוֹ עָלָיו אֶלָּא תַּרְעוֹמֶת. וְנוֹתְנָהּ לְמַעֲשֵׂר שֵׁנִי וְאֵינוֹ חוֹשֵׁשׁ שֶׁאֵינָהּ אֶלָּא נֶפֶשׁ רָעָה. הַהוֹנָיָיה אַרְבָּעָה כֶסֶף. וְהַטַּעֲנָה שְׁתֵּי כֶסֶף. וְהַהוֹדָיָיה שָׁוֶה פְרוּטָה. חָמֵשׁ פְּרוּטוֹת הֵן הַהוֹדָיָיה שָׁוֶה פְרוּטָה וְהָאִשָּׁה מִתְקַדֶּשֶׁת בְּשָׁוֶה פְרוּטָה. הַנֶּהֱנֶה שָׁוֶה פְרוּטָה מִן הַהֶקְדֵּשׁ מָעַל. הַמּוֹצֵא שָׁוֶה פְרוּטָה חַיָּיב לְהַכְרִיז. הַגּוֹזֵל אֶת חֲבֵירוֹ שָׁוֶה פְרוּטָה וְנִשְׁבַּע לוֹ יוֹלִיכֶנּוּ אַחֲרָיו אֲפִילוּ לְמָדַי. חֲמִשָּׁה חוּמְשִׁין הֵן. הָאוֹכֵל תְּרוּמָה וּתְרוּמַת מַעֲשֵׂר וּתְרוּמַת מַעֲשֵׂר שֶׁל דְּמַאי וְהַחַלָּה וְהַבִּיכּוּרִים מוֹסִיף חוֹמֶשׁ. הַפּוֹדֶה נֶטַע רְבָעִי וּמַעֲשֵׂר שֵׁנִי שֶׁלּוֹ מוֹסִיף חוֹמֶשׁ. הַפּוֹדֶה אֶת הֶקְדֵּישׁוֹ מוֹסִיף חוֹמֶשׁ. הַנֶּהֱנֶה שָׁוֶה פְרוּטָה מִן הַהֶקְדֵּשׁ מוֹסִיף חוֹמֶשׁ. הַגּוֹזֵל אֶת חֲבֵירוֹ שָׁוֶה פְרוּטָה וְנִשְׁבַּע לוֹ מוֹסִיף חוֹמֶשׁ.

MISHNAH: How much time does one have to return it95The defective coin which fails the standards of Mishnah 4.? In walled cities96Greek χάραξ, χάρακος “palisade”. until one can show it to a banker, in villages until Sabbath eve. If he recognizes it, he should take it back even after twelve months, but he has only a complaint against him97If the person who handed out the defective coin recognizes that it is the coin given out illegally, he has a moral duty to take it back even when the legal period in which he can be forced to take it back has expired. If he refuses, the injured party has the right to complain (i. e., tell about the case to other people) but has no recourse in court.. He may use it for Second Tithe without hesitation since it is only miserly94In Temple times, Second Tithe produce was redeemed for coin which was spent on food in Jerusalem, to be eaten there in purity. Since the redemption is a transaction between a person and himself, occasionally deficient coins may be used since he knows the deficiency. But one may not collect deficient coins during the year and then use the collected coins for redemption (Ma‘aśer Šeni 2:7, Note 96).’98After the destruction of the Temple and the disappearence of the ashes of the red cow (cf. Berakhot 1:1, Note 3) when food can no longer be eaten in purity, the coin has to be destroyed. For that purpose it even is preferable to use defective coins..
Cheating is by four oboli99Mishnah 3., claim is about two oboli, confession is about one peruṭah100The court will not impose a judicial oath unless it be a case in which the claim is at least 2 oboli and the defendant admits to owing at least 1 peruṭah:, Mishnah Šebuot 6:1.. There are five peruṭot101The peruṭah appears as minimal standard in five legal categories.: Confession is about one peruṭah100The court will not impose a judicial oath unless it be a case in which the claim is at least 2 oboli and the defendant admits to owing at least 1 peruṭah:, Mishnah Šebuot 6:1.; a woman is preliminarily married by one peruṭah’s worth102Mishnah Qiddušin 1:1.; one who used one peruṭah’s worth of Temple property committed larceny103He has to pay a 25% fine and bring a sacrifice, Lev. 5:15–16.; one who finds one peruṭah’ s worth has to make it public; one who robbed another of one peruṭah’s worth and swore about it, has to return it to him even in Media104Mishnah Bava qamma 9:7..
There are five fifths105Five cases in which a payment of 125% of the amount is due.: He who eats heave, or heave of the tithe106If he eats in error, Mishnah Terumot 6:1; Lev. 22:14, Num. 18:26., or heave of the tithe of demay107This only applies to demay(produce of which it is not known whether it was tithed), but not to the heave of its tithe; Mishnah Demay 1:2, Note 67., or ḥallah108Num. 15:20., or first fruits109Mishnah Bikkurim 2:1., adds a fifth110All these cases are considered identical since each of them is called “heave” in a verse.. He who redeems his vineyard in the fourth year111Lev.19:24, 27:31. or his Second Tithe112Mishnah Ma‘aśer Šeni 5:5; Deut.14:25., adds a fifth. He who redeems his own gifts to the Temple, adds a fifth113Lev. 27:19.. He who used one peruṭah’s worth of Temple property, adds a fifth103He has to pay a 25% fine and bring a sacrifice, Lev. 5:15–16.. He who robbed another of one peruṭah’s worth and swore about it, adds a fifth114Lev. 5:24..

MISHNAH: How much time does one have to return it95The defective coin which fails the standards of Mishnah 4.? In walled cities96Greek χάραξ, χάρακος “palisade”. until one can show it to a banker, in villages until Sabbath eve. If he recognizes it, he should take it back even after twelve months, but he has only a complaint against him97If the person who handed out the defective coin recognizes that it is the coin given out illegally, he has a moral duty to take it back even when the legal period in which he can be forced to take it back has expired. If he refuses, the injured party has the right to complain (i. e., tell about the case to other people) but has no recourse in court.. He may use it for Second Tithe without hesitation since it is only miserly94In Temple times, Second Tithe produce was redeemed for coin which was spent on food in Jerusalem, to be eaten there in purity. Since the redemption is a transaction between a person and himself, occasionally deficient coins may be used since he knows the deficiency. But one may not collect deficient coins during the year and then use the collected coins for redemption (Ma‘aśer Šeni 2:7, Note 96).’98After the destruction of the Temple and the disappearence of the ashes of the red cow (cf. Berakhot 1:1, Note 3) when food can no longer be eaten in purity, the coin has to be destroyed. For that purpose it even is preferable to use defective coins..
Cheating is by four oboli99Mishnah 3., claim is about two oboli, confession is about one peruṭah100The court will not impose a judicial oath unless it be a case in which the claim is at least 2 oboli and the defendant admits to owing at least 1 peruṭah:, Mishnah Šebuot 6:1.. There are five peruṭot101The peruṭah appears as minimal standard in five legal categories.: Confession is about one peruṭah100The court will not impose a judicial oath unless it be a case in which the claim is at least 2 oboli and the defendant admits to owing at least 1 peruṭah:, Mishnah Šebuot 6:1.; a woman is preliminarily married by one peruṭah’s worth102Mishnah Qiddušin 1:1.; one who used one peruṭah’s worth of Temple property committed larceny103He has to pay a 25% fine and bring a sacrifice, Lev. 5:15–16.; one who finds one peruṭah’ s worth has to make it public; one who robbed another of one peruṭah’s worth and swore about it, has to return it to him even in Media104Mishnah Bava qamma 9:7..
There are five fifths105Five cases in which a payment of 125% of the amount is due.: He who eats heave, or heave of the tithe106If he eats in error, Mishnah Terumot 6:1; Lev. 22:14, Num. 18:26., or heave of the tithe of demay107This only applies to demay(produce of which it is not known whether it was tithed), but not to the heave of its tithe; Mishnah Demay 1:2, Note 67., or ḥallah108Num. 15:20., or first fruits109Mishnah Bikkurim 2:1., adds a fifth110All these cases are considered identical since each of them is called “heave” in a verse.. He who redeems his vineyard in the fourth year111Lev.19:24, 27:31. or his Second Tithe112Mishnah Ma‘aśer Šeni 5:5; Deut.14:25., adds a fifth. He who redeems his own gifts to the Temple, adds a fifth113Lev. 27:19.. He who used one peruṭah’s worth of Temple property, adds a fifth103He has to pay a 25% fine and bring a sacrifice, Lev. 5:15–16.. He who robbed another of one peruṭah’s worth and swore about it, adds a fifth114Lev. 5:24..

4:5:2

הלכה: עַד אֵימָתַי מוּתָּר לְהַחֲזִיר כול׳. חִזְקִיָּה אָמַר. לְצוֹרְפָהּ בִּירוּשָׁלֵם מְצָרְפָהּ כְּיָפָה. בָּא לְחַלְּלָהּ בִּגְבוּלִין מְחַלְּלָהּ בְּרָעָה. וְהָתַנִּינָן. בּוֹרֵר הַיָּפָה שֶׁבָּהֶן וּמְחַלְּלָן עָלֶיהָ. וְיָבוֹר הָרָעָה וְיַעֲשֶׂה אוֹתָהּ [כְּיָיפָה]. אָמַר. שַׁנְיָיא הִיא הָכָא שֶׁכְּבָר הוּכַח בּוֹ מַעֲשֵׂר שֵׁינִי.

HALAKHAH: “How much time does one have to return it,” etc. 115Cf. Babli 52b. The paragraph is the parallel to Ma‘aśer Šeni 2:7, Notes 96–98. It is clear that an underweight coin in Jerusalem in Temple times, when silver coinage was honest silver, could be spent according to its true value by weight. The Mishnah permits to redeem Second Tithe by an underweight coin as if it were full weight. The question asked is why Mishnah Ma‘aśer Šeni 2:6 requires one to choose the better one for Second Tithe if two similar coins, one of Second Tithe and one profane, were commingled and it is not known which one is the sanctified one. Since one may use an underweight coin for redemption, why does one have to choose the fuller weight coin in case of doubt?Ḥizqiah said, to add it for Jerusalem, he adds it as good coin. If he uses it to redeem in the countryside, he redeems with the underweight coin. But did we not state: “He chooses the better one of the two and exchanges it for them”? Why can he not take the worse [coin] and treat it [as a good one]115aAddition of E.. He116In Ma‘aśer Šeni: R. Jonah. said, there is a difference here because it already was shown to be Second Tithe117One may use a profane underweight coin for redemption; once it is sanctified it has to be treated with respect..

HALAKHAH: “How much time does one have to return it,” etc. 115Cf. Babli 52b. The paragraph is the parallel to Ma‘aśer Šeni 2:7, Notes 96–98. It is clear that an underweight coin in Jerusalem in Temple times, when silver coinage was honest silver, could be spent according to its true value by weight. The Mishnah permits to redeem Second Tithe by an underweight coin as if it were full weight. The question asked is why Mishnah Ma‘aśer Šeni 2:6 requires one to choose the better one for Second Tithe if two similar coins, one of Second Tithe and one profane, were commingled and it is not known which one is the sanctified one. Since one may use an underweight coin for redemption, why does one have to choose the fuller weight coin in case of doubt?Ḥizqiah said, to add it for Jerusalem, he adds it as good coin. If he uses it to redeem in the countryside, he redeems with the underweight coin. But did we not state: “He chooses the better one of the two and exchanges it for them”? Why can he not take the worse [coin] and treat it [as a good one]115aAddition of E.. He116In Ma‘aśer Šeni: R. Jonah. said, there is a difference here because it already was shown to be Second Tithe117One may use a profane underweight coin for redemption; once it is sanctified it has to be treated with respect..

4:5:3

נוֹתְנָהּ לְמַעֲשֵׂר שֵׁינִי וְאֵינוֹ חוֹשֵׁשׁ שֶׁאֵינָהּ אֶלָּא נֶפֶשׁ רָעָה. יַעֲקֹב בַּר זַבְדִּי רִבִּי יוֹחָנָן בְשֵׁם רִבִּי סִימוֹן. כָּל מַעֲשֵׂר שֵׁינִי שֶׁאֵין בְּקַרְנוֹ שָׁוֶה פְרוּטָה אֵין מוֹסִיף חוֹמֶשׁ. רִבִּי יוֹחָנָן בְּשֵׁם רִבִּי יַנַּאי. כָּל מַעֲשֵׂר שֵׁינִי שֶׁאֵין בְּחוּמְשׁוֹ שָׁוֶה פְרוּטָה אֵין מוֹסִיף חוֹמֶשׁ. אִית מַתְנִיתָא מְסַיְיעָה לְדֵין וְאִית מַתְנִיתָא מְסַיְיעָה לְדֵין. דְּתַנֵּי. מִמַּעְשְׂרוֹ. פְּרָט לְפָחוֹת מִשָּׁוֶה פְרוּטָה. הָדָא אָמְרָה. עַד שֶׁיְּהֵא בְקַרְנוֹ שָׁוֶה פְרוּטָה. תַּנָּיֵי חוֹרָן תַּנֵּי. מִמַּעְשְׂרוֹ חֲמִישִּׁיתָיו. פְּרָט לְפָחוֹת מִשָּׁוֶה פְרוּטָה. הָדָא אָמְרָה. עַד שֶׁיְּהֵא בְחוּמשׁוֹ שָׁוֶה פְרוּטָה. אָמַר רָבִין בַּר מָמָל. מַתְנִיתָא לָא כְהָדֵן וְלָא כְהָדֵן. דְּתַנִּינָן. ה̇ פְרוּטוֹת הֵן. וְלֹא תַנִּינָן עַד שֶׁיְּהֵא בְקַרְנוֹ שָׁוֶה פְרוּטָה. וְתַנִּינָן ה̇ חוּמְשִׁין הֵן. וְלֹא תַנִּינָן עַד שֶׁיְּהֵא בְחוּמְשׁוֹ שָׁוֶה פְרוּטָה.

“He may use it for Second Tithe without hesitation since it is only miserly.” 118Cf. Babli 53b. A parallel, different treatment is in Ma‘aśer Šeni4:3, Notes 57–63. Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon119For obvious chronological reasons this must read: R. Simon (in Ma‘aśer Šeni: R. Yose ben R. Simon) in the name of R. Joḥanan.: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah120The Babli presents this as R. Simeon ben Laqish’s opinion. The Yerushalmi Ma‘aśer Šeni quotes only the second opinion.. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,121Lev. 27:31.” except what is worth less than a peruṭah.122As always in rabbinic interpretation, the prefix מ is partitive: Not for all tithe has a fifth to be given in redemption. Sifra Beḥuqqotai Pereq12(10); Babli 53b. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe121Lev. 27:31., its fifths123Lev. 5:23. The plural “fifths” is interpreted to mean that if somebody is obligated to pay a fifth and then reneges and swears falsely that he does not owe it, the first fifth becomes principal on which another fifth is due. This may continue until the fifth becomes less that a peruṭah. Sifra Wayyiqra Parašah 13(12); Babli 53b.” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal124Everywhere else, including Ma‘aśer Šeni, he is called Abba bar Mamal. There, it is shown that quite a number of “perutot” are missing from the Mishnah. said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

“He may use it for Second Tithe without hesitation since it is only miserly.” 118Cf. Babli 53b. A parallel, different treatment is in Ma‘aśer Šeni4:3, Notes 57–63. Jacob bar Zavdi, Rebbi Joḥanan in the name of Rebbi Simon119For obvious chronological reasons this must read: R. Simon (in Ma‘aśer Šeni: R. Yose ben R. Simon) in the name of R. Joḥanan.: One does not add a fifth for any Second Tithe which in itself is not worth a peruṭah. Rebbi Joḥanan in the name of Rebbi Yannai: One does not add a fifth for any Second Tithe for which the fifth is not worth a peruṭah120The Babli presents this as R. Simeon ben Laqish’s opinion. The Yerushalmi Ma‘aśer Šeni quotes only the second opinion.. A baraita supports the one, a baraita supports the other. As it was stated: “From its tithe,121Lev. 27:31.” except what is worth less than a peruṭah.122As always in rabbinic interpretation, the prefix מ is partitive: Not for all tithe has a fifth to be given in redemption. Sifra Beḥuqqotai Pereq12(10); Babli 53b. This means, not unless itself is worth a peruṭah. Another Tanna states: “From its tithe121Lev. 27:31., its fifths123Lev. 5:23. The plural “fifths” is interpreted to mean that if somebody is obligated to pay a fifth and then reneges and swears falsely that he does not owe it, the first fifth becomes principal on which another fifth is due. This may continue until the fifth becomes less that a peruṭah. Sifra Wayyiqra Parašah 13(12); Babli 53b.” except if it is worth less than a peruṭah. This means, not unless the fifth is worth a peruṭah. Rebbi Abin bar Mamal124Everywhere else, including Ma‘aśer Šeni, he is called Abba bar Mamal. There, it is shown that quite a number of “perutot” are missing from the Mishnah. said, our Mishnah follows neither one since we have stated “there are five peruṭot”, but we did not state “not unless itself is worth a peruṭah”; we have stated “there are five fifths”, but we did not state “not unless the fifth is worth a peruṭah”.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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