תלמוד על מעשר שני 5:1
Jerusalem Talmud Maaser Sheni
“He who redeems his own Second Tithe adds a fifth, whether it was his own or was given to him as a gift.” Our Mishnah is Rebbi Meїr’s since Rebbi Meїr says, a gift is not like a sale70Ma‘serot 5:1, Note 5. If a gift were a moneyless sale, the produce would not be his and be free from the fifth.. Rebbi Jonah said, it is the opinion of everybody, explain it with produce still ṭevel for tithes71Since it was his property at the moment the Second Tithe became due, even without the Mishnah we would have known that he has to add the fifth.. But did we not state72Mishnah 5:5. Lev. 19:23–24 requires that the fruit of a newly planted tree not be eaten for the first three years. In the fourth year, “all its fruit shall be holy as a praise to the Eternal.” The rules of this holiness are given in the next Chapter. Fruits far from Jerusalem have to be redeemed but, being intrinsically the Eternal’s, they are not subject to heave and tithes and can never be ṭevel.: “He who redeems his own fourth-year tree adds a fifth, whether it is his own or was given to him as a gift”? Can you say that this speaks about produce still ṭevel for (Second Tithe? We have stated)69Missing in Rome ms., probably correctly. “fourth-year tree!” That means the fourth-year tree itself! So here, you will end up saying “tithe”73Since the wording in Mishnah 5:5 speaks about produce to be redeemed, the parallel language in the Mishnah here must also speak about tithe, not ṭevel, and the Mishnah must be R. Meїr’s..
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