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Misvot #442-444: Not to Partake of Ma’aser Sheni Outside Jerusalem

Misvot #442-444: Not to Partake of Ma’aser Sheni Outside Jerusalem

FromSefer Hachinuch


Misvot #442-444: Not to Partake of Ma’aser Sheni Outside Jerusalem

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Apr 28, 2023
Format:
Podcast episode

Description

The Torah in Parashat Re’eh (Debarim 12:17-18) introduces a command forbidding eating “the tithe of your grain, your wine or your oil in one of your gates,” instead of eating it in Jerusalem. This refers to Ma’aser Sheni, the only of the three tithes which can be considered “yours,” as it is eaten by the owner of the produce. Ma’aser Rishon must be given to a Levi, and Ma’aser Ani must be given to the poor, but Ma’aser Sheni is brought to Jerusalem and eaten there. The Torah here commands that the tithe must be eaten “Lifneh Hashem” – “before G-d,” referring to the city of Jerusalem, and it is forbidden to eat it outside the city. The Sefer Ha’hinuch, following the view of the Rambam, lists this prohibition as three separate commands – one forbidding consuming Ma’aser Sheni of grain (“Dagan”) outside Jerusalem, a second forbidding consuming Ma’aser Sheni of wine (“Tirosh”) outside Jerusalem, and a third forbidding consuming Ma’aser Sheni of oil (“Yis’har”) outside Jerusalem. One is liable to Malkut for eating Ma’aser Sheni produce outside Jerusalem only if the produce had been brought to Jerusalem and was then brought outside the city. Furthermore, this prohibition is transgressed only if the produce had not been redeemed. The Torah allows transferring the sanctity of Ma’aser Sheni from the produce onto money and then bringing the money to Jerusalem, instead of bringing the produce to Jerusalem. Once the sanctity is exchanged onto money, the produce loses its special status, and may be eaten anywhere one wishes. This prohibition is binding upon both men and women. In discussing the third in this series of prohibitions – the prohibition concerning oil of Ma’aser Sheni – the Sefer Ha’hinuch writes that one transgresses this command by consuming a Ke’zayit of oil. Normally, the volume of Ke’zayit is used in reference to the consumption of solid foods, and not in the context of drinking beverages. It thus seems strange, at first glance, that the Sefer Ha’hinuch rules that this prohibition – eating oil of Ma’aser Sheni outside Jerusalem – is violated through the consumption of a Ke’zayit of oil. The Sefer Ha’hinuch addresses this question, and explains that people do not use oil as a beverage; oil is consumed like food, and not drunk like a beverage. Although, as the Sefer Ha’hinuch observes, some Arab populations indeed drink oil like a beverage, they are a small minority of people. Therefore, the volume of oil of Ma’aser Sheni that one must consume outside Jerusalem to transgress this command is a Ke’zayit, as it is treated like a solid food with respect to consumption.
Released:
Apr 28, 2023
Format:
Podcast episode

Titles in the series (100)

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