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Misva #72: Giving the Required Gifts From One’s Produce Out of Order

Misva #72: Giving the Required Gifts From One’s Produce Out of Order

FromSefer Hachinuch


Misva #72: Giving the Required Gifts From One’s Produce Out of Order

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 12, 2021
Format:
Podcast episode

Description

The Torah commands in Parashat Mishpatim (Shemot 22:25), “Melei’acha Ve’dim’acha Lo Te’aher,” which literally means, “Do not delay your grain or your wine and oil.” The Sages understood that the Torah here introduces a prohibition against giving the obligatory gifts from one’s agricultural produce out of order. The Torah requires separating certain portions from one’s produce, and in this verse, the Torah forbids separating these portions in a different sequence than that which the Torah stipulated. The procedure for separating the required portions is as follows: First, one who grows produce must give a small portion to a Kohen, and this portion is called Teruma. As far as Torah law is concerned, even a single stalk suffices as Teruma for an entire pile of grain (“Hita Ahat Poteret Et Kol Ha’keri”). However, the Sages enacted that it is proper for one to give one-fiftieth (2 percent) or more of his produce as Teruma. After separating Teruma, one must separate one-tenth from the remaining produce, and give the separated portion to a Levi. This portion is called “Ma’aser Rishon” (“the first tithe”). Then, the person must again separate one-tenth of the remaining produce. In most years, the separated produce must be brought to Jerusalem and eaten there. This tithe is called “Ma’aser Sheni” (“the second tithe”). (In some years, this tithe is given to the poor instead of being brought to Jerusalem.) One who separates these portions out of the required sequence transgresses the prohibition of “Melei’acha Ve’dim’acha Lo Te’aher.” The Gemara in Masechet Temura presents an additional reading of this verse, explaining that “Mele’acha” refers to Bikkurim – the first ripened fruits, which one must bring to a Kohen in the Bet Ha’mikdash – and “Dim’acha” refers to Teruma. Accordingly, the Torah here requires bringing Bikkurim before giving Teruma. The Sefer Ha’hinuch explains that the Torah issued this command in order to ensure that one gives these portions properly, accurately separating the required amounts and giving them to those who are to receive the produce. These gifts, the Sefer Ha’hinuch writes, are a “Dabar Gadol Be’kiyum Ha’dat” – an especially important matter for the sake of preserving our religion. The Torah therefore issued a special command that one not deviate from the proper procedure when separating these portions. The Sefer Ha’hinuch then adds that if scholars arrive at a more compelling reason for this command, then he would accept it, expressing some reservation about his approach. If one gave the required gifts in the wrong sequence, the Sefer Ha’hinuch writes, he has violated this command, but he does not receive Malkut. The commentators explain that this violation is not punishable by Malkut because the violation is committed by verbally designating the wrong portion, for example, by declaring a portion as Ma’aser Rishon before declaring a portion Teruma. Since this violation is committed verbally, and not by performing a forbidden act, it is not punishable by Malkut. The Minhat Hinuch adds that since this is the case, a person who has transgressed this command has the possibility of retroactively correcting his mistake and erasing his violation. Declaring a designated portion as Teruma or Ma’aser essentially functions as a Neder (vow), as one verbally assigns a special status to the produce. Therefore, just as with standard vows, a declaration of Teruma or Ma’aser can be undone through the process of Hatarat Nedarim – the annulment of vows by a Bet Din. Thus, the Minhat Hinuch writes, if a person, for example, separated Teruma before Bikkurim, in violation of this Torah command, he can perform Hatarat Nedarim to annul his declaration of Teruma, and he then will be retroactively considered to not have separated the Bikkurim, and will thus retroactively not be in violation of this command. The Hatam Sofer (Rav Moshe Sofer of Pressburg, 1762-1839) raises the question of how one is allowed to retroactively annul his
Released:
Nov 12, 2021
Format:
Podcast episode

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