Yerushalmi Maaser Sheni 1:2 ירושלמי מעשר שני א׳:ב׳

MISHNAH: If somebody buys a domestic animal for a well-being offering⁹²This is the main purpose of bringing Second Tithe money to Jerusalem, to buy there animals to eat “before the Eternal, your God” (Deut. 14:26). Most of the well-being offering is consumed by the family of the donor. or a wild animal⁹³Wild animals, from the list Deut. 14:5, can never become sacrifices and are intrinsically profane. They are mentioned here only because of Mishnah 4. for meat of desire⁹⁴The biblical expression (Deut. 11:15) for profane meat slaughtered outside the holy precinct., the hide becomes profane even though it may be worth more than the meat⁹⁵The hide, as part of the live animal, has been paid for by tithe money. After the meat has been consumed according to the rules of tithe money, the hide may be used or sold as fully profane. The Halakhah will restrict this to non-professional transactions.. [If he buys] sealed wine jugs at a place where jugs usually are sold sealed⁹⁶Wine is not usually sold from the barrel so that the jug would be an intrinsic part of the deal., the pitcher becomes profane. The shells of walnuts and almonds become profane⁹⁷And may be used as fuel or for tanning.. Afterwine before it fermented cannot be bought with tithe money⁹⁸It is water which may not be bought with tithe money, Mishnah 5.; after it fermented it may be bought with tithe money.
If somebody buys a wild animal for a well-being offering⁹⁹A wild animal can never be a sacrifice. Since the animal cannot be eaten in the way it was intended, the hide cannot lose its status of tithe money. If the hide is sold, the proceeds are still tithe money and must be spent on food in Jerusalem. or a domestic animal for meat of desire¹⁰⁰The Halakhah will explain that domestic animals bought with tithe money must be used as sacrifices., the hide does not become profane. [If he buys] open wine jugs or sealed ones at a place where wine usually is sold from the barrel, the pitcher does not become profane. [If he buys] baskets of figs and baskets of grapes sold with the vessel, the price money of the vessel does not become profane¹⁰¹In the last two cases, the buyer will be charged separately for pitcher or basket. Since these are not edible, they should be paid for with non-tithe money..

HALAKHAH: It was stated¹¹⁰Sifry Deut. 107, a longer text explaining the entire verse; reproduced Babli Eruvin 27b.: “Ben Bag Bag¹¹¹A very early Tanna, contemporary of Hillel and R. Jehudah ben Bathyra of Nisibis. His name probably was Joḥanan. says (Deut. 14:26): ‘You shall spend the money for anything you desire.’ It was stated¹¹²This word is superfluous and does not appear in the parallel sources.: A person may buy a cow because of its hide¹¹³Since this might be his desire., a sheep because of its fleece, and wine because of its pitcher.” Rebbi Zeïra said, that is, if the seller was a private person. But if the seller was a professional it is as if he sold this separately and that separately¹¹⁴Since he usually sells meat and hides separately.. Rebbi Zeïra said, the Mishnah said this: “In a place where wine jugs usually are sold sealed, the pitcher becomes profane.¹¹⁵Quote and argument are incomplete. The next Mishnah says that at a place where wine usually is sold from the barrel, buying the wine in a pitcher results in two separate transactions. We infer that established trade patterns have to be followed in all but private transactions.” Rebbi Mana said, from this [you conclude that] just as you say there, if the seller was a professional it is as if he sold this separately and that separately, so if the buyer was a professional it is as if he bought this separately and that separately.

Palm-leaf baskets¹¹⁶Definition of Rashi, Šabbat 20a. of dates, plates¹¹⁷Latin patella. According to the Gaonim and Maimonides (Mishnah Kelim 16:5), a willow-weave basket with a narrow opening used for storing or transporting dried figs. of dates became profane. Some Tannaїm state that boxes of dates did become, some Tannaïm state that they did not become. Rav Ḥisda said, he who said they did become, when they were pressed¹¹⁸This is stated explicitly in Tosephta 1:10 which notes that all containers which become unusable, such as containers for fish sauce, vinegar, oil, honey, or in which dates or figs were pressed, by necessity are paid for with the food they contain and are profane when emptied.. He who said they did not become, [meant] when not pressed.

¹¹⁹Mishnah Ḥulin 1:7; cf. Ma‘serot5:6, Notes 89–93.“Afterwine before it fermented cannot be bought with tithe money and invalidates a miqweh¹²⁰It is water; cf. Terumot Chapter 10, Note 139.; after it fermented it may be bought with tithe money and does not invalidate a miqweh.” Our Mishnah follows Rebbi Jehudah as we have stated there¹²¹This and the remainder of the paragraph are in Ma‘serot 5:5, Notes 87–93.: “If someone makes after-wine and pours in a measured amount of water, if he found the same amount he is free. Rebbi Jehudah declares him obligated.” Rebbi Abbahu said, sometimes in the name of Rebbi Eleazar, sometimes in the name of Rebbi Yose ben Ḥanina: Only if it fermented. Rebbi Yose said, it is the opinion of everybody since even salt water may be bought with tithe money.

Rebbi Eleazar said, the tithe [money] did not acquire¹⁰³The transaction is invalid: the buyer returns what he bought and the seller returns the money.. Rebbi Yose said, first we said that if somebody bought a domestic animal for meat of desire, against his will it gets the name of well-being offering but we said nothing since Rebbi Eleazar said, the tithe [money] did not acquire¹²²Sifry Deut. 107 explains that from Deut. 14:26 “you have to eat there before the Eternal, your God, and enjoy it you and your family” one concludes that all meat bought with tithe money has to be meat of well-being offerings. Since there is no sacrifice which does not have to be dedicated first, it is logical that the transaction should be void and there is no automatic sacrifice.
The argument assumes that any animal bought with tithe money is without blemish; otherwise, it could not become a sacrifice. The paragraph seems to imply that buying a blemished animal with tithe money is automatically an invalid transaction. Therefore, it seems that the discussion deals with rabbinical, not biblical rules..

Rebbi Yose in the name of Rebbi Joḥanan: An animal of Second Tithe in Jerusalem following Rebbi Meїr¹²³He holds that tithe money is Heaven’s money and any animal bought with it is not the property of the farmer; cf. Note 6; Demay 1, Notes 185–186. R. Jehudah holds that tithe money and what is bought from it is private property. One must assume that the animal bought either was blemished and could not be a sacrifice or was unblemished but not yet dedicated as sacrifice at the time it had its young. Maimonides (Bekhorot 5:9) follows R. Jehudah here whereas in the rules of Mishnah 1 he follows R. Meїr (Ma‘aser Šeni 3:17). is free from the rules of firstlings¹²⁴These rules apply only to “any male firstling born to your cattle and flock” (Deut. 15:19).; following Rebbi Jehudah it is under the rules of firstlings. Rebbi Jeremiah asked before Rebbi Zeïra: If it gave birth to a firstling, must its sacred parts be brought onto the altar¹²⁵The parts detailed in Lev. 3 which have to be burned on the altar. The question may be asked only according to R. Jehudah.? Did not its sacred parts fall under the rules of Second Tithe and you would hide it from being eaten¹²⁶If the mother is unblemished, her sacred parts already go onto the altar; the calf or lamb should be eaten by the family. How can R. Jehudah cause the family to be slack in their fulfillment of the commandment to eat all food bought with tithe money?? He said to him, if somebody bought meat as meat of desire, would not [the holiness of] Second Tithe have fallen on its sacred parts, would you not hide it from being eaten¹²⁷This sentence is somewhat elliptic. R. Zeïra disagrees with R. Eleazar and holds that meat may be bought with tithe money. The sentence duly expanded should read: “He said to him, if somebody bought meat as meat of desire, would not the holiness of Second Tithe have fallen on its sacred parts [if one had fulfilled the commandment to eat well-being sacrifice]? [By buying an animal as well-being sacrifice] would you not hide its sacred parts from being eaten?” He shows that R. Jeremiah’s argument is inconsistent. If it is preferable to eat sacrificial meat then not all meat should be eaten but part given to the altar.? He said to him, when it was bought, the holiness of tithe left it¹²⁸Since holiness cannot join holiness, the animal must be profane at the moment it is dedicated as well-being sacrifice. Therefore, acquisition must eliminate the holiness of tithe.. Rebbi Yose said, we were not saying so but the Torah did permit to buy from tithe money only well-being sacrifices exclusively¹²²Sifry Deut. 107 explains that from Deut. 14:26 “you have to eat there before the Eternal, your God, and enjoy it you and your family” one concludes that all meat bought with tithe money has to be meat of well-being offerings. Since there is no sacrifice which does not have to be dedicated first, it is logical that the transaction should be void and there is no automatic sacrifice.
The argument assumes that any animal bought with tithe money is without blemish; otherwise, it could not become a sacrifice. The paragraph seems to imply that buying a blemished animal with tithe money is automatically an invalid transaction. Therefore, it seems that the discussion deals with rabbinical, not biblical rules.. What is the difference between them? If it gave birth to a firstling and he dedicated it as well-being sacrifice. For him who says, the Torah did permit to buy from tithe money only well-being sacrifices exclusively, it is offered¹²⁹As a firstling if it was born between the act of buying and the dedication as sacrifice, according to R. Jehudah.. For him who says, when it was bought, the holiness of tithe left it, and it is not offered¹³⁰If the holiness of tithe disappears at the consummation of the sale, it is possible to buy an animal with tithe money only if one states that the dedication should be an immediate consequence of the acquisition. But then the calf falls under the rules of young of sacrifices and not of firstlings..

Rebbi Yose said, we teach all these words but a Mishnah supports Rebbi Zeïra: “He should not bring from wheat of Second Tithe but from money of Second Tithe.¹³¹Mishnah Menaḥot 7:5: If somebody made a vow to bring a thanksgiving sacrifice and its breads (Lev. 7:12) from tithe money, he may do so but the bread should be made from wheat bought with tithe money, not wheat that is Second Tithe. Since a thanksgiving sacrifice is a special kind of well-being sacrifice, he may use tithe money for it. However, since a thanksgiving sacrifice only can be eaten for one day and one night, but a regular well-being sacrifice for two days and the night in between, this practice is frowned upon.
The Babli (Menaḥot 81b–82a) gives as a reason for the breads that the verse requires the sacrifice to be brought with its breads, i. e., from the same source. Since Second Tithe itself consists of produce, it is clear that the animal itself must be bought with tithe money. Therefore, the bread also should come from tithe money. (R. Jeremiah disagrees with the Mishnah.)
The Yerushalmi disagrees and holds that tithe money is holy and the holiness of a dedicated sacrifice can fall on the wheat only if the latter is profane. This proves R. Zeïra’s point.” What is the difference between wheat and money? It must be that when it was bought, the holiness of tithe left it. Rebbi Ḥinena asked before Rebbi Mana: Why should he not bring wheat, the heave¹³²This is not the usual heave but one bread from each kind brought with the thanksgiving sacrifice; it is called heave in Lev. 7:14. to the Cohen and the rest for the owners, why does he not bring¹³³He disagrees with R. Yose whose argument is tenable only if he holds with R. Meїr that tithe money is Heaven’s property. But since the previous paragraph presupposes that we hold with R. Jehudah that Second Tithe and tithe money are property of the farmer, there is no reason why Second Tithe wheat should not be used since all the breads will be eaten in holiness, either by the farmer’s family or by the Cohen.? He said to him, think of it, if the blood is spilled¹³⁴On the way to the altar. The entire sacrifice is invalidated if its blood is not sprinkled on the altar. does the bread not become unusable¹³⁵If anything happens to the sacrifice, the bread is wasted and has to be burned. But if the breads are bought, they will be replaced by other bought breads.?

Rebbi Joḥanan said, they decreed on a blemished female because of her young. They decreed on a blemished male because of the blemished female. They said in the name of Rebbi Joḥanan, even an unblemished one is a decree¹³⁶It is agreed that while it is a positive commandment to buy well-being sacrifices in Jerusalem for the meat, the verse does not forbid to buy any kosher animal or any meat. As stated later, first they forbade to buy blemished females which could not be sacrificed but might be kept to raise young. That action would clearly be forbidden since tithe money must be used for food to be consumed. In the end, they permitted only animals for well-being sacrifices to be bought with tithe money.. Earlier they said one may buy an animal for meat of desire and hide it from the altar. They turned to say, not even a wild animal, not even birds as it was stated: “Sabbatical [money] and Second Tithe [money] can be exchanged for a blemished female animal or other domestic and wild animals and birds whether alive or slaughtered, the words of Rebbi Meїr. But the Sages say, one exchanges only on slaughtered ones.¹³⁷A similar baraita is in Babli Sukkah 40b, where the statement of R. Samuel ben Isaac is part of the baraita. The Tosephta (1:9) has a statement contradicting both Talmudim, declaring all non-sacrificial meat (in Jerusalem) as impure. This is either a remnant of teachings of the House of Shammai or Sadducee teaching of the Qumran type (MMT 2, lines 29–30).” Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: They decreed this that one should not raise them in herds. Rebbi Jeremiah stood next to Rebbi Zeïra who said to him, Rebbi Samuel ben Rav Isaac is still alive and you hang your rags on him! Did not Rebbi Joḥanan say even an unblemished one is a decree¹³⁸Therefore, it should be forbidden to buy meat at the butcher store.! Maybe this was said only for Sabbatical [money]? They found it stated for Sabbatical [money]¹³⁹Ševi‘it 8:7, Babli Sukkah 40b. This means that by rabbinical decree, with tithe money one may only buy meat in the form of live unblemished animals..