הלכות מעשר שני ונטע רבעי

Produce that was purchased with money from the second tithe1The rationale is that since the produce was redeemed once, it should not be redeemed a second time. should not be redeemed outside Jerusalem unless they contracted ritual impurity from a primary source of ritual impurity. Instead, they should be brought to Jerusalem and eaten there.

This is the stringency of produce purchased with money from the second tithe over the produce of the second tithe itself. If, however, it contracted ritual impurity from a secondary source of ritual impurity,2Our translation follows authoritative manuscripts and early printings. The standard printed text of the Mishneh Torah adds the phrase "because of Rabbinic decree." it should be redeemed and eaten in Jerusalem.3The rules governing this produce have a double dimension of severity. Since according to Scriptural Law, this produce is ritually pure, our Sages were stringent and required it to be brought to Jerusalem and eaten there. Nevertheless, to support their decree of ritual impurity, they also required that it be redeemed (Kessef Mishneh).

Money from the second tithe should be used only to purchase food for humans4I.e., and not animal fodder. that grows from the earth or grows from the products of the earth, e.g., those entities explicitly mentioned in the Torah [Deuteronomy 14:26]: "Cattle, sheep,5I.e., these types of livestock do not grow from the earth, but they derive their nature by pasturing on the earth's products. wine, and strong drink."

For this reason, we do not purchase water, salt,6Moreover, even if water and salt are mixed together with produce, that produce should not be purchased with money from the second tithes (Radbaz). See Halachah 14 with regard to such purchases. truffles, and mushrooms7Truffles and mushrooms do not have roots and do not derive nurture from the earth. with money from the second tithes, because they are not products of the earth. Similarly, one should not purchase produce that is attached to the earth or produce that cannot be brought to Jerusalem,8I.e., it will spoil in the course of the journey. because this does not resemble cattle and sheep.9Which are detached entities that can make the journey to Jerusalem without being spoiled.

Honey, eggs, and milk are considered like cattle and sheep. Even though they are not products of the earth, they are the products of its products.10Eggs and milk are animal products and the animals receive their nurture from the earth and honey is actually the sap of flowers.

A mixture of water and grapes11In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that timed is made by mixing grape dregs with water and leaving it to turn into vinegar. that has not turned to vinegar should not be purchased with money from the second tithe, because it is like water. Once it turns to vinegar, it can be purchased [with these funds] like wine or strong drink.12For the water originally included in it is not considered significant. If one purchased it before it fermented and then it fermented, it is acquired by the second tithe.13The Radbaz explains that when the transaction was first made, it was invalid. Hence, the money remained holy. Afterwards, when the mixture turns into vinegar, the transaction is completed and the holiness of the money is transferred. Rashi (Chulin 25b) offers a different explanation.

When does the above14I.e., the restriction against purchasing a mixture of grape dregs and water with money from the second tithe. apply? When one mixed three units of water and received less than a fourth unit of the mixture. If, however, one mixed three units and received four,15And thus the water drew out a significant amount of grape juice from the dregs. the mixture is considered as diluted wine and may be purchased with money from the second tithe.

Buds from branches16In his Commentary to the Mishnah (Shvi'it 7:5; Uktzin 3:4), the Rambam explains that branches of shrubs that grow in vineyards are pickled in brine while they are still soft and then eaten. They are, nevertheless, not eaten by all people and the money from the second tithe may only be used to purchase food. and carob trees17This refers to branches of the carob tree, because the carobs themselves are considered as food, as stated in Chapter 1, Halachah 3. before they become sweet may not be purchased [with money from the second tithe].18Because in this state, they are not fit to be eaten.The commentaries have noted that the Rambam's ruling in Hilchot Shabbat 18:6 implies the direct opposite: that before they become sweet, they are considered as food for humans and after they become sweet, they are considered as food for animals. This issue is discussed by the later commentaries. After they become sweet, they may be purchased [with those funds]. But luf,19A sub-species of the onion family. mustard, vetch, and other produce that is pickled may be purchased [with these funds], whether they have already become sweet or not.20Since these species are more commonly eaten, they are considered as food even though they are not yet fit to be to eaten. Date hearts21In his Commentary to the Mishnah (Uktzin 3:4), the Rambam defines this term as referring to the tip of the date palm which is like dried cheese and is eaten by people. may be purchased with money from the second tithe.

Safron may not be purchased [with these funds], for it serves only as a coloring. Similar laws apply in all analogous situations involving herbs that provide an aroma, color, or taste. Since these herbs are not [included] in foods to be eaten for their substance, only for their flavor, they should not be purchased with money from the second tithe. Therefore spices,22In his Commentary to the Mishnah (ibid.:5), the Rambam gives cinnamon, nutmeg, spikenard, and other similar species as examples. pepper, costus, chiltit,23A sharp and pungent herb. safflower, and the like may not be purchased with money from the second tithes.

Anise, when used to flavor a cooked dish, should not be purchased with money from the second tithe. If it is used for a dip24This refers to a mixture of milk and bread crumbs referred to in the Talmud as kutach. or the like, in which instance, it is part of the food itself, it can be purchased with money from the second tithe.25See Hilchot Tuma'at Ochalin 1:7 which makes similar statements with regard to anise. If one mixed water and salt and put oil into it, it is considered as brine and may be purchased with money from the second tithe. The cost of the water and the salt should be included in the cost of the oil.26For in truth, only the oil can be purchased with the money of the second tithe. Nevertheless, the water and the salt are considered as subordinate to the oil and hence, can be included in its price.

One may not use money of Maaser Sheni to purchase produce that is terumah,27The Rambam uses a plural term for terumah, for he includes both the great terumah and terumat ma'aser in this prohibition. because by doing so, one limits the consumption of both [the terumah] and [the second tithe]. For terumah may only be eaten by priests on the evening [after they immersed themselves].28See Hilchot Terumah 7:2. Needless to say, it may also be eaten by priests who were ritually impure and who did not need to immerse themselves, but the Rambam is mentioning the aspect of the laws in which it differs from the second tithe, as he proceeds to state. It is permitted to those in the acute state of onein mourning and can be eaten in any place.29As indicated by the following clause, the second tithe differs from terumah in all these matters. The second tithe, by contrast, is permitted to non-priests and those who immersed themselves that day.30The second tithe must also be eaten in a state of ritual purity. Nevertheless, in contrast to terumah, it may be eaten directly after one immerses oneself in a mikveh. He need not wait until the evening. It is forbidden to one in the acute state of onein mourning and must be eaten in Jerusalem. Thus, [by purchasing terumah with such funds,] one restricts the consumption of the second tithe and the consumption of terumah.31And it is forbidden to restriction the consumption of sacred foods. See Hilchot Pesulei HaMukdashin 6:12 and Hilchot Ma'aseh HaKorbanot 10:10.

A domesticated animal to be offered as a peace offering may be purchased32In Jerusalem. See Halachah 16 and Chapter 4, Halachah 6. from the money of the second tithes,33See the Commentary of Rav Ovadiah of Bartenura to Ma'aser Sheni 1:2 which states that the fundamental mitzvah is to use the money from the second tithe to purchase peace offerings. since peace offerings may be eaten by non-priests. At the outset, [pilgrims] would purchase animals with the money of the second tithe to partake of them as ordinary meat so that they would not be offered on the altar.34For by offering them on the altar, they would have to give certain portions of the meat to the priests. [Hence,] the court decreed that one could not use these funds to purchase a domesticated animal unless it was brought as a peace offering. One may, however, use these funds to purchase non-domesticated animals35E.g., deer. Our Sages did not include the purchase of these animals in their decree. or fowl, for these are unfit for peace offerings.

The produce of the Sabbatical year may not be purchased with money from the second tithes, because there is an obligation to destroy it, as will be explained.36See Hilchot Shemitah VeYoval 7:1 which explains that after the Sabbatical year, the produce that remains must be destroyed. Thus by purchasing this produce with funds from the second tithe, one would be reducing its use.

When a person purchases salt, produce that is still attached [to the ground], or produce that cannot be brought to Jerusalem,37All of these should not be purchased with money from the second tithe as stated in Halachah 4. they are not acquired by the second tithe38The holiness of the money of the second tithe is not transferred to them. even though the money is now considered as ordinary funds.39The Ra'avad challenges the Rambam's ruling, maintaining that the holiness of the second tithe remains associated with the money and the seller must return it to the purchaser. The Radbaz explains that the Rambam derives his ruling from the wording of the Mishnah (Ma'aser Sheni 1:5). There the Mishnah has two clauses: one quoted in this halachah which states that that the items are not acquired and one quoted in the following halachah which states that the money should be returned. The variance in wording indicates that there is a difference in law. The Radbaz states, however, that the Rambam would agree that the holiness of the funds of the second tithe is not nullified entirely. Instead, the purchaser must eat an equivalent amount of food in Jerusalem keeping all the restrictions applying to the produce of the second tithe. See Halachah 17.

When a person inadvertently purchases produce outside of Jerusalem with money from the second tithe,40I.e., he purchased produce with money from the second tithe without knowing that he used such funds. the seller is compelled to return the money to the owner41The produce purchased does not receive the holiness of the second tithe, but instead, must be returned to the seller [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:5)]. and it is considered as the second tithe as it was originally.42Rav Ovadiah of Bartenura explains that since he made the purchase inadvertently, it is as if the transaction was conducted in error and hence it is nullified. If he makes the purchase intentionally,43I.e., knowing that he was using money from the second tithe. the produce he purchased must be taken to Jerusalem and eaten there.44The transaction is binding and the purchaser is compelled to treat the produce he purchased as produce of the second tithe. [In the age when] the Temple no longer exists,45See Chapter 2, Halachah 1. they should be put aside until they rot.46Since the transaction is binding, the produce receives that holiness and hence, may not be used for any other purpose.

Similarly, a domesticated animal47We are speaking about a kosher animal that does not have a blemish and hence is fit to be offered as a sacrifice. should not be purchased with money from the second tithe outside of Jerusalem. If one purchased it unknowingly, the money should be returned to its [owner]. If it was done intentionally, it should be brought to Jerusalem and eaten there. [In the age when] the Temple no longer exists, [the animal] and its hide should be buried.48When it dies. It is not killed before its time. Burying it prevents one from benefiting from it [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:6)]. See also Chapter 8, Halachah 6; Hilchot Pesulei HaMukdashim 19:11.

[The following laws apply when] one purchases servants, land, or an unkosher animal, whether intentionally or unintentionally,49The equation between transgressing intentionally and unintentionally represents a change of approach on the part of the Rambam. In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam states that if the transgression was intentional, in all instances, the purchaser should use an equivalent amount of money to buy food in Jerusalem. The sale is nullified only when the sale is made unintentionally. The Rambam's ruling here is based on Kiddushin 56b. [with money from the second tithe]. If the seller fled,50So that the money could not be returned and the sale nullified. [the purchaser] should [purchase food] with the amount of money he spent and eat it in Jerusalem under the restrictions applying to the second tithe. This is the general principle: If the seller fled or died, whenever one spent the money of the second tithe on matters other than food, drink, and daubs, he must partake of an equivalent [value of food in Jerusalem]. If the seller was present, the money should be returned to [the original owner].51And the sale nullified. Similarly, if a person brought burnt offerings, sin offerings, or guilt offerings from the money of the second tithe,52This is forbidden, because the animal - partially or entirely - is offered on the altar and/or eaten by the priests. Thus the money from the second tithe is not being used for its designated purpose. he must partake of an equivalent [value of food in Jerusalem].53For once the offerings were brought, the transaction cannot be nullified.

When a person [used money from the second tithe to] purchase a non-domesticated animal for a peace offering54This is unacceptable, because peace offerings may be brought only from domesticated animals. or a domesticated animal to be eaten as ordinary meat,55This is also unacceptable, because as stated in Halachah 12, our Sages forbade using money from the second tithe for such a purpose [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)]. it is as if he [used it to] purchase an ox for plowing and the animal is not designated as a peace offering.56Instead, the sale is nullified. If the animal was already slaughtered, the hide is considered as consecrated with the holiness of the second tithe and the proceeds from its sale must be used as the money of the second tithe. If he purchased a domesticated animal to be offered as a peace offering and it became blemished, the holiness of the second tithe leaves it. It should be redeemed57As is required when an animal designated as a peace offering becomes blemished in a manner that prevents it from being sacrificed. and the funds are not considered as money from the second tithe. Nevertheless, if he redeems it himself,58If, however, one redeems a sacrifice for someone else, a fifth need not be added, as stated in Hilchot Arachin 7:4. he must add a fifth of its value.59The Ra'avad objects to the Rambam's wording, for he considers it obvious that a fifth must be added. The Radbaz explains that one might think a fifth is unnecessary based on the following reasoning: Since the animal is a peace offering, from the standpoint of the second tithe, it does not belong to him, because it is not his private property, but instead is consecrated. From the standpoint of the peace offering, it can be said that it does not belong to him, because it is the second tithe which is "the property of the Most High."Alternatively, the explanation of the Rambam's wording depends on a concept explained in Hilchot Arachin, loc. cit.: "[One is] obligated to add a fifth [when redeeming the article that was] consecrated originally, but one [need] not add a fifth [when redeeming an article] whose consecration was a derivative." A derivative means that it was consecrated in the process of redeeming another article (see ibid.:5).To apply those concepts to the question at hand: Since the consecration of the animal as a peace offering comes as part of the redemption of the money from the second tithe, one might think that there is no need to add a fifth. For that reason, the Rambam [based on the Jerusalem Talmud (Ma'aser Sheni 3:2)] emphasizes that in this instance, the additional fifth is necessary, because since the holiness of the second tithe was removed from it, it is as if it was consecrated initially and it is not considered as a derivative (Rambam LeAm)

When one consecrates money from the second tithe for [the purpose of purchasing] a peace offering, the consecration is not effective,60As mentioned in Halachah 12, one can - and according to many opinions, it is desirable - to purchase an animal to be sacrificed as a peace offering with money from the second tithe. Here, however, we are speaking about a situation where the person designates the money to be used for that purpose, but does not make the purpose as of yet. The Rambam is clarifying that the designation is not effective and the money may be used to purchase any other types of food. for the sanctity of the peace offering does not encompass [an entity already] sanctified to the second tithe. For the second tithe is the property of the Most High.61Chapter 3, Halachah 17. I.e., when a person consecrates his own money for a peace offering, the consecration is effective, because the money belongs to him and he has the authority to consecrate it. Money from the second tithe, by contrast, does not belong to him. Hence, it cannot be consecrated as a peace offering. Needless to say, this applies if he consecrates the produce of the second tithe itself for the purpose of purchasing] a peace offering, the consecration is not effective.

[The following laws apply when a person] partakes of entities consecrated to the second tithe as ordinary produce [outside of Jerusalem], even intentionally. If he partook of the produce from the second tithe itself, he should cry out to heaven.62I.e., he should cry out to G‑d in repentance. He, however, has no other way of atoning for his conduct, because he has eaten the produce upon which the holiness of the second tithe rested.Our text follows manuscript versions of the Mishneh Torah and the versions suggested by the Ra'avad, the Radbaz, and the Kessef Mishneh. The standard printed text follows a different version. If he [used] money from the second tithe [to purchase other food that] he ate, the money should be returned to its [owner]63Since the money exists, the holiness from the second tithe has not departed from it. Hence, if it is returned to the owner or its holiness transferred by the owner purchasing other food with its value, the owner fulfills his obligation. and he should bring them to Jerusalem and partake of them there. Alternatively, if the money cannot be returned, he should [purchase food] with the amount of money he spent and eat it in Jerusalem.