Yerushalmi Maaser Sheni 1:3 ירושלמי מעשר שני א׳:ג׳

MISHNAH: If somebody buys water, or salt¹⁰²It will be shown in Halakhah 4 that tithe money can be spent only in Jerusalem and only on something generated by sexual reproduction (vegetal or animal)., or produce still connected to the ground, or produce that cannot reach Jerusalem, the tithe [money] does not acquire¹⁰³The transaction is invalid: the buyer returns what he bought and the seller returns the money.. If somebody bought produce¹⁰⁴Outside of Jerusalem, an act forbidden by Deut. 14:24–25. in error, the money should return to its place¹⁰⁵The transaction is valid but the buyer has to set aside new money for the tithe money which in error became profane.. If intentionally, he should bring them up and they should be eaten at the Place¹⁰⁶The place of the central sanctuary (Siloh or Jerusalem); the language is borrowed from Deut. 14:24.; if there is no Temple they should be left to rot.
If somebody buys¹⁰⁴Outside of Jerusalem, an act forbidden by Deut. 14:24–25. a domestic animal in error, the money should return to its place. If intentionally, he should bring it up and it should be eaten at the Place¹⁰⁶The place of the central sanctuary (Siloh or Jerusalem); the language is borrowed from Deut. 14:24.; if there is no Temple it should be buried in its hide¹⁰⁷No use can be had from any part of this animal..
One does not buy slaves, real estate, and unclean animals from Second Tithe money. If he bought them, he has to eat their worth. One does not bring nests for men with gonorrhea, women with discharges, or women who have given birth from Second Tithe money. If he bought them, he has to eat their worth¹⁰⁸This Mishnah appears word by word, except for “Sabbatical” instead of “Second Tithe”, in Ševi‘it 8:8 and is explained there in Notes 114–116.. This is the principle: If one bought anything except for eating, drinking, and rubbing¹⁰⁹Drinking and massaging with olive oil are everywhere taken as equivalents of eating. from Second Tithe money, he has to eat its worth.

HALAKHAH: There¹⁴⁰Mishnah Ševi‘it 8:8. One might as well have quoted the Mishnah here since the question is, why in Mishnah 7 the transaction is valid but the tithe money has to be restituted and used for food and in Mishnah 6 a similar transaction is declared invalid., we have stated: “One does not buy slaves, real estate, or unclean animals from Sabbatical money. If he did buy them, he has to eat their worth.” And here, you say so? Rebbi Jonah said, Rebbi Ḥiyya bar Josef and Samuel disagreed. One said here as a sale¹⁴¹What is invalid as a sale is valid as redemption., there as redemption. The other one said here if the seller is present¹⁴²The money has to be returned., there if the seller went away. We did not know who said what. Since Rebbi Yose said in the name of Samuel, the buy is acquired¹⁴³If he bought slaves with tithe money. He must hold that “bought” is an inexact expression since the farmer exchanged tithe money for slaves., that means he is the one who said here as a sale, there as redemption.

Our Mishnah follows Rebbi Aqiba but not Rebbi Ismael. ¹⁴⁴Parallels in Sifra Introduction (8); the full statement of R. Ismael. Yerushalmi Eruvin 3:1, fol. 20c/d; Babli Eruvin 27b, Baba Qama 54b, 63a; in slightly different version Nazir 35b. Rebbi Ismael explained (Deut. 14:26): “Spend the money on anything you want,” a general clause. “For cattle and sheep, wine and intoxicating drink¹⁴⁵Cattle and sheep, wine and liquor.”, detail. “And anything you want¹⁴⁶In the verse: נפשך ובכל אשר תשאלך “and anything you may wish.”,” another general clause. General, detail, and general, you may judge only in the light of the detail¹⁴⁷One of the hermeneutical principles of R. Ismael. Sifra, Introduction (1), (8).. Just as the detail is explained as born from what is born from the earth, so only what is born from what is born from the earth¹⁴⁸Anything grown by sexual reproduction from plant or animal living on the land.. Rebbi Aqiba explains¹⁴⁹In detail explained Sifry Deut. 107, naturally without reference to R. Ismael’s rule.: Just as the detail is explained as fruit, born from a fruit, or what prepares fruit, so only what is fruit, born from a fruit, or what prepares fruit¹⁵⁰In Sifry called משביחי אכילה “food enhancers”, such as costus, amomum, other spices, benjamin, asa foetida, peppers, and saffron.. What is the difference between them? Fish, locusts, truffles, and mushrooms¹⁵¹In Sifra, R. Ismael explicitly excludes truffles and mushrooms. which may be bought with tithe money following Rebbi Aqiba.

Rebbi Ḥaggai said, a Mishnah¹⁵³Mishnah 3:3: “If somebody has [tithe] coins in Jerusalem and needs them, and a friend has produce, he says to his friend: those coins are exchanged on your produce. The friend has to eat his produce in purity but he may use the coins. One should not do this with a vulgar [friend] except for demay.” Since the transaction is restricted to Jerusalem, it follows that it would be illegal elsewhere. said that one does not exchange coins for fruits far from the Place. He said that before Rebbi Abinna who praised him, before Rebbi Jeremiah who needled¹⁵⁴Cf. Berakhot 2:3, Note 96. him: Did we not state, “coins in Jerusalem and produce in the countryside¹⁵⁵Mishnah 3:4 states that money in Jerusalem may be exchanged for outside produce (which then has to be brought into the city) or Jerusalem produce may be bought with tithe money which at the moment of the transaction was outside.”? There is a difference because it was in one place¹⁵⁶Mishnah 3:3 which admits the transaction only in Jerusalem deals with the case that both parties are at the same place. R. Ḥaggai is still justified in not admitting redemption if both parties are outside the city.. When Rebbi Ḥaggai left, he found it stated¹⁵⁷A baraita differing with the Mishnah in his interpretation.: coins and produce in Jerusalem, coins and produce in the countryside. He said, if Rebbi Jeremiah had heard this, he would have needled me justly. He wanted to change his mind. Rebbi Zeïra said to him, do not change your mind since Rebbi Eleazar said, Rebbi Meïr and the rabbis [disagree] about demay; therefore not for certain [produce]¹⁵⁸According to most commentators, this seems to refer to the baraita quoted at the end of Halakhah 3, that the rabbis permit redemption only for meat, not live animals, comparing with Mishnah 6 which is held to be R. Meïr’s opinion. But the baraita was shown to refer only to Sabbatical money and is not applicable here.
According to R. H. Kanievski, the diagreement of the Sages and R. Meïr is in Mishnah Demay 1:2, and the statement of R. Eleazar, that the Mishnah is only R. Meïr’s, to Mishnaiot 1:5–6 since in Demay he also holds that demay money can be exchanged and traded at will outside of Jerusalem. Then it follows that the opinon of the opposing Sages, that produce, illegally bought with tithe money outside of Jerusalem, should be brought up and eaten in Jerusalem, is true not only for demay but for all tithe money, supporting R. Ḥaggai.. Since Rebbi Eleazar said, this is Rebbi Meïr’s, it follows that demay and certain are equal.

Rebbi Zevida was sitting and teaching his son: ¹⁵⁹A similar text in Tosephta 3:14.“if somebody wants to exchange [tithe] money for produce today, both these and those are consecrated¹⁶⁰Since there is no Temple, the produce cannot be consumed. The House of Shammai are not sure whether tithe money can be exchanged without a Temple; therefore they declare everything Second Tithe by default. The House of Hillel are certain that, since the biblical injunction to eat the produce bought for tithe money “before the Eternal, your God,” cannot be followed today, tithe money cannot be exchanged (but either has to be destroyed or thrown into the Dead Sea.), the words of the House of Shammai. The House of Hillel say, the money is as it was and the produce is as it was.” Rebbi Crispus passed by and told him, do not state it so but say “produce for money.¹⁶¹There is a dispute on exchanging Second Tithe produce for money (outside of Jerusalem) but there is no dispute that tithe money today cannot be used to buy anything. There is a Gaonic decree (Maimonides Ma‘aser Šeni 2:2) that any amount of Second Tithe produce can be exchanged for the smallest coin in circulation.” Therefore, everybody agrees that money for produce was not consecrated. But did we not state¹⁶²Mishnah 5. If the produce were not consecrated it would not be forbidden. Therefore, the Mishnah seems to imply that tithe money can be exchanged in the absence of a Temple.: “if there is no Temple they should be left to rot”? Explain it if he dedicated it when there was a Temple and the Temple was destroyed¹⁶³While this answer seems to be very contrived, it can be read into the Mishnah which notes the absence of the Temple only in connection with the use of the produce, not the act of redemption..

Ben Vivian stated: (Deut. 14:25) “Turn it into money¹⁶⁴The verse reads: ונתת בכסף.”, far from the Place¹⁰⁶The place of the central sanctuary (Siloh or Jerusalem); the language is borrowed from Deut. 14:24. you redeem it¹⁶⁵Exchange produce for money and transfer the sanctity to the money., near the Place you cannot redeem it. (Deut. 14:26) “Spend the money”, near the Place you exchange¹⁶⁶Exchange money for produce and transfer the sanctity to the produce. it, far from the Place you do not exchange it.

Rebbi Yose in the name of Samuel: The buy is acquired¹⁶⁹This paragraph refers to Mishnah 7: If one buys slaves, or birds, or animals for obligatory expiation sacrifices with tithe money, the transactions are valid since otherwise the money would have to be restituted and no new money taken as tithe money. This then implies that the expiatory sacrifice is valid. R. Yudan is not sure about this implication of the Mishnah, and it is possible that the authors of Mishnah 7 themselves were not sure whether the transactions are valid or not. Therefore, he requires that after the tithe money has been set aside, the birds used for the expiatory sacrifices be dedicated again since the dedication at the time of acquisition may be invalid.. Rebbi Yose ben Ḥanina: Expiation. Rebbi Hila said, since we stated “he has to eat their worth”, that means it was sanctified. Rebbi Yose said, since he took it up, the buy was acquired; from there on it is one¹⁷⁰Most commentators prefer to read אחר “another” instead of אחד “one”. The change, against the testimony of the two mss., is unnecessary since R. Yose holds that the acquisition is valid in all respects. buy. Rebbi Yudan said, he has to dedicate it again; he means that maybe it was sanctified when it was not sanctified.