Rambam - 3 Chapters a Day

I.e., the sacred quality of the second tithe no longer applies to it. It is as if the seller gave it to him as a present.
In his Commentary to the Mishnah (Ma’aser Sheini 1:3), the Rambam explains that when a seller is not meticulous in his business dealings and thinks that he sold only the meat and does not think about the hide, none of the money of the second tithe was use for the hide. Hence, the hide is considered as ordinary property.

For a merchant is careful about getting a full price for his merchandise and will make sure to include the value of the hide in the price. Since the person will be using the money from the second tithe for the purchase, that purchase will also encompass the hide. Hence the hide is considered as the servants and land mentioned in Chapter 7, Halachah 17, and one must eat an equivalent amount of food in Jerusalem. Although ordinarily, one may not purchase non-food items with money from the second tithe, in this instance, an exception is made, because the meat cannot be purchased without the hide. See Radbaz.

But not while they are open as the Rambam proceeds to state.

I.e., like the sale of the hides mentioned in the previous halachah, when an ordinary person buys or sells wine, he does not take the value of the jugs into consideration. For the container is considered as subservient to the wine it contains. Indeed, the flavor of the wine is somewhat dependent on its container. Accordingly, the two are considered as a single entity. (See Eruvin 27b which derives this concept through Biblical exegesis.) Hence, the money of the second tithe is not used for the containers.

By opening the jugs, the seller indicates that he desires to consider the jugs independently [the Rambam’s Commentary to the Mishnah] For by opening a jug, the seller indicates that he wants the purchaser to pour it into his own containers. This satisfies the objections of the Ra’avad.

Since he is selling the wine at an exact sum per measure, he is not including the price of the jug in the price of the wine (Kessef Mishneh).

As mentioned above, opening the container is an indication that the container should be considered as an independent entity.

Since it is customary in this place to sell the containers open, even if one sells them while sealed, he is considered to have followed the general practice of considering the container as a separate entity.

Following the same reasoning as in Halachah I.

I.e., the basket.

For they are obviously secondary to the fruit within them. Even a merchant is not concerned about them. Hence, one may benefit from them without worrying about purchasing their worth in food to be eaten in Jerusalem.

The dates together with the branches from which they are suspended.

For the fruit is sold independently of the baskets (Radbaz).

As opposed to other liquids, as indicated by the conclusion of the halachah.

We are speaking about a person using his own jugs. Nevertheless, the term "lends" is used because the person desires to retain possession of the jugs as ordinary property. He is merely "lending" them temporarily to be used for the second tithe. In his Commentary to the Mishnah (Ma'aser Sheini 3:12), the Rambam writes that the person must make an explicit statement of the above intent.

I.e., he stored wine from which the second tithe had not been separated in jugs and then desired to set aside several jugs as the second tithe. This reflects a reversal of the Rambam's understanding in his Commentary to the Mishnah (loc. cit.). The Radbaz explains, however, that the two rulings are not contradictory.

Thus after the wine is poured out from them, he may use the jugs as ordinary property, without any further measures.

A measure of 86 or 150 cc depending on which Rabbinic authority one follows.

By putting ordinary wine in the jug, he indicates that he does not desire that the jug be acquired by the second tithe.

I.e., brine that was purchased with money from the second tithe.

For in contrast to wine and its containers, the containers of these liquids are not necessary for the liquid itself and are always considered as separate from them.

Since the animal was never eaten, the hide is not considered as a separate entity. Thus since it and the animal are consecrated with the holiness of the second tithe, they must be buried. The deer may not be redeemed, because “we do not redeem consecrated entities in order to use their meat to feed dogs” [the Rambam’s Commentary to the Mishnah (Ma’aser Sheini 3:11); Hilchot Issurei Mizbeiach 2:10]. Rabbi Akiva Eiger questions this ruling, citing sources which indicate that in similar circumstances, the hide can be considered a separate entity and should be redeemed.

See Chapter 2, Halachah 8; Chapter 7, Halachah 1. Needless to say, this same law applies when a person purchases meat and later that meat becomes impure (Radbaz, based on the above mishnah).

In other words, the person set aside money that was consecrated from the second tithe. Nevertheless, instead of using that money, used ordinary money with the intent that the holiness associated with the second tithe by transferred to the ordinary money as that money was spent to purchase food.

The Rambam is speaking in hyperbole. The ordinary exchange rate of a dinar is six me'ah (Hilchot Eruvin 1:12).

I.e., he must use half a dinar for food. Now, however, the value of that half a dinar in me‘ah has doubled. The rationale is that the value of the coinage from the second tithe is calculated at the time and place it is transferred.

Again, he is using half a dinar, but now the value of that half a dinar in me‘ah has been halved.

The Rambam’s wording has attracted the attention of the commentaries who note that there is no Biblical verse which uses that exact wording. See Leviticus 27:19 which uses somewhat similar expressions.

The Rambam’s wording has attracted the attention of the commentaries. Seemingly, the reason for the Rambam’s ruling is that once the purchaser performed meshichah, he acquired the produce. Hence, when he pays for it, he pays the price at the time of its acquisition. This is not implied by the Rambam’s wording. Indeed, as the Ra’avad emphasizes, the Rambam’s wording implies the very opposite.

I.e., he must eat the entire amount of produce according to the stringencies required of produce of the second tithe. One might think that the purchaser would profit from the rise in the value of the produce, i.e., he could eat half of it as the second tithe and use the other half as his private property. Hence, the Rambam clarifies that this is not so. The Radbaz explains the Rambam’s wording, explaining that the transfer of the holiness does not take place until he pays the money, but that afterwards, the produce is acquired by the second tithe according to its price at the time of acquisition.

I.e., since he drew the produce into his possession when it was worth two selaim, he must pay that amount to the seller. Nevertheless, he may not pay that entire amount from the money of the second tithe, because now the produce is not worth that amount. Indeed, if the purchaser would give the seller the second sela from the money of the second tithe, the holiness of that money would not be transferred to the produce and the seller would be obligated to use it to purchase food which he would eat according to the stringencies of the second tithe.

In his Commentary to the Mishnah (Ma’aser Sheini 4:6), the Rambam explains the rationale for this ruling. Since we are speaking about demai, we are not certain that there is a prohibition involved. Accordingly, since an unlearned person is more lax in his observance and will violate even more severe prohibitions, we assume that he is not precise in his observance of demai. Hence, it can be given to him. The commentaries question that explanation, for even though he is not careful in his observance, we should not be responsible for him possibly performing a transgression. See Halachah 13 where this concept is also mentioned.

I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.

I.e., were it ordinary produce, the law would be that the seller should keep his word and complete the transaction. Nevertheless, since according to Rabbinic Law, a transaction is not completed with the payment of money, but rather when the purchaser draws the object into his possession, the purchaser does have the option of retracting. If he does so, however, he must be given the adjuration mi shepara (Hilchot Mechirah 7:1). Should the seller choose that option and retract entirely, he must treat the produce in his possession as produce of the second tithe. If he still wants to carry out the sale at one sela, he must give the purchaser back a sela. The purchaser must consider all the produce as the second tithe, but the sela he was given is ordinary money.

I.e., the holiness of the second tithe is transferred to the produce. Nevertheless, from the financial point of view, the purchaser has the option of accepting the adjuration mi shepara and retracting from the transaction. If he takes that option, the seller must return the two selaim to him and from that time on, he may treat them as ordinary money. And the seller must treat the produce as produce of the second tithe.

The exchange of money for produce or vice versa.

Le., just as a business transaction is completed when the purchaser draws it into hispossession, the transfer of the holiness of the second tithe is completed upon the payment of money.

As the Rambam states at the conclusion of the following halachah, the money and the produce to not have to be in the same place when the holiness of one is transferred to the other.

In his Commentary to the Mishnah (Ma’aser Sheini 2:4), the Rambam mentions another general principle that can be derived from this law: the holiness of money in the second tithe can be transferred even when the money is in Jerusalem. As mentioned above, the holiness of produce from the second tithe may not be transferred when that produce is in Jerusalem.

I.e., for purposes other than food, drink, or smearing.

Which he may use at will, in Jerusalem or outside that holy city.

A person who is precise in the observance of the laws of the agricultural laws and the laws of ritual purity. See Hilchot Ma’aser, ch. 10.

For this produce must be eaten in a state of ritual purity and an unlearned person is not precise in his observance of those laws. See Chapter 3, Halachot 8-9.

As mentioned in the notes to Halachah 8, since the obligation above is only Rabbinic in origin, we allow it to be given to an unlearned person even if he might be lax in its observance.

Since an unlearned person is not careful in his observance of the second tithe, one might think that he already separated it from his produce, but is considering it as ordinary produce regardless. Were that the case, one could not transfer the holiness of other produce from the second tithe to it [the Rambam’s Commentary to the Mishnah (T’vul Yom 4:5)].

I.e., he continued using that coin to redeem produce from the second tithe until all but less than a p’rutah ‘s worth of the coins value had been used to redeem produce.

And may be used for purposes other than the purchase of food and drink. The rationale is that anything less than a p’rutah‘s worth of value is not financially significant [the Rambam’s Commentary to the Mishnah (Ma’aser Sheini 4:8)].

Since the obligation is orily of Rabbinic origin, we are more lenient, for there is no obligation to add an additional fifth, as stated in Chapter 5, Halachah 4.

In that way, when the fifth (one fifth of the new total) is added, the worth of the entire amount will be less than a p’rutah (ibid.).

The Ra’avad [based on the Jerusalem Talmud (Ma’aser Sheini 2:10)] states that we are speaking about a situation where the person says: “When the person eats or drinks, what he eats or drinks will be retroactively considered as the second tithe from this time.” It is necessary to make this qualification, because otherwise, at the time he eats or drinks, he will be partaking of ordinary food and the consecration would not take effect until the object no longer exists. The Ra’avad also states that this ruling depends on the principle of bereirah, that retroactively the status of an object can be changed. The Radbaz and the Kessef Mishneh note that there is somewhat of a difficulty in ascribing such a position to the Rambam, for the Rambam maintains that in questions of Scriptural Law, the principle of bereirah does not apply. The Radbaz explains that since there is no prohibition involved, merely the question of when the transfer of holiness takes effect, all authorities agree that the principle of bereirah applies.

In certain instances, they may, however, touch the container in which the food is stored. See Ma’aser Sheini 2: 10 and the Rambam’s commentary for more details.

I.e., the fourth year of a tree’s growth. This has nothing to do with the seven year agricultural cycle. This mitzvah applies to all trees, not only vines. See Berachot 35a and commentaries.

Sefer HaMitzvot (positive commandment 119) and Sefer HaChinuch (mitzvah 247) include this commandment among the 613 mitzvot of the Torah.

Because of this connection, the Rambam includes the laws pertaining to this mitzvah in this section of the Mishneh Torah. There is, however, a difference between neta reva‘i and the second tithe. The second tithe must be separated by man and then it is deemed holy. Neta reva‘i, by contrast, is inherently holy. There is no need for any activity on man’s part.

See Chapter 2, Halachah 1. See Hilchot Ma’achalot Assurot 10:15.

Needless to say according to the Rambam, these laws do not apply in the Diaspora. The Shulchan Aruch (Yoreh De‘ah 294:7) mentions the Rambam’s ruling only as a minority opinion. That text rules according to Rabbenu Yonah, who maintains that the mitzvah applies in the Diaspora as well as in Eretz Yisrael. The Rama adds a third view: that neta reva‘i must be observed in the Diaspora with regard to grapes, but not with regard to any other type of produce.

I.e., he may keep it as his own without giving it to anyone.

I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, quoting the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.

See Chapter 5 above. See also Hilchot Ma’achalot Assurot 10:17 for more particulars concerning this redemption.

I.e., when the produce reaches at least a third of its growth. See Hilchot Ma'aser 2:3-5.

I.e., developed to a state where the produce itself has begun to form.

The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are grounds to say that neta reva‘i can be redeemed even while it is attached to the ground. Certainly, in the present age, when the produce need not be redeemed for its full worth, it can be redeemed while attached.

See Chapter 3, Halachah 17.

The Rambam’s ruling is somewhat difficult to accept, because unripened fruit has still reached one third of its growth. The Tzafnat Paneach (gloss to Hilchot Arachin 6:19) explains that with regard to unripened fruit, the prohibition against using it for mundane purposes takes effect immediately, but it is not endowed with its holiness until it is ready to be eaten. Similar concepts apply with regard to the produce of the Sabbatical year. From the time a tree produces fruit, it is forbidden to cut it down (Hilchot Shemitah 5:18).

For wine and oil are considered as ordinary uses of grapes and olives. Indeed, when the Torah refers to the obligation to tithe these fruits, it refers to them as wine and oil [the Rambam’s Commentary to the Mishnah (Terumah 11:3)].

For this is not the ordinary manner in which they are used. See Hilchot Terumah 11:2.

These are different types of presents given to the poor from one’s fields, as described in Hilchot Matnot Aniyim. These requirements do not apply in a vineyard of the fourth year, because that produce does not belong to one individually, but instead, is “the property of the Most High” [the Rambam’s Commentary to the Mishnah (Ma’aser Sheini 5:3)].

I.e., if one separated the second tithe before separating terumah and the first tithe, it is not necessary to separate terumah and the first tithe from the produce separated as the second tithe.

The Jerusalem Talmud explains that in the time of the Temple, the people would prepare wine in a state of ritual purity. Hence, there were few grapes offered for sale in the marketplaces of the holy city. To offset that difficulty, our Sages ordained this practice. The Rambam LeAm raises a question: It is forbidden to sell produce of the second tithe (Chapter 3, Halachah 17). Seemingly, this restriction should also apply to neta reva‘i. How then should people bring their grapes to Jerusalem and sell them to merchants there who will resell them to people at large? That text explains that first the fruit should be redeemed before and then sold after it was redeemed. Alternatively, there are authorities who explain that since each person will eat his grapes from the fourth year, there will be a surplus of fruit in the holy city.

But not within the city itself. In his Commentary to the Mishnah (Loe. cit.:2), the Rambam explains that the leniency was granted because, since the city is in the hands of the gentiles, there is no point in having its marketplaces embellished.

Since other types of fruits were not used for wine, there was no scarcity of them in Jerusalem’s marketplaces.

To transport the produce.

The seventh year of the agricultural cycle in Eretz Yisrael. As obvious from the laws that follow, the reckoning of the years for neta reva'i continues despite that cycle.

For it is forbidden to work the land or guard one's field that year [the Rambam's Commentary to the Mishnah (loc. cit.:5)].

This applies in other years, not the Sabbatical year.

As in the Sabbatical year, he need not pay for guards. He may, however, have to pay for workers to harvest the produce. This does not apply in the Sabbatical year. Then each person gathers for himself (ibid.).

I.e., anyone is allowed to take the produce which grows in the Sabbatical year. Hence, we are afraid that an outsider will unwittingly come and take it and partake of it without redeeming it. In his Commentary to the Mishnah (Ma’aser Sheini 5:1 based on Bava Kama 69a), the Rambam explains that it is necessary to make such provisions in the Sabbatical year alone. In an ordinary year, one need not do so, because it is forbidden to take produce from another person’s field. Thus, there is no need for such safeguards. He knows the status of his own fruit, nor must he make any provisions so that a thief will not transgress the prohibition against partaking of this produce.

I.e., the first three years if its growth when it is forbidden to partake of it entirely.

Our translation is taken from the Rambam’s Commentary to the Mishnah (loc. cit.).

And the sign not be noticed.

See Chapter I 0, Halachah 2, Hilchot Ma’ achalot Assurot 10:10. There is no prohibition against benefiting from fruits of the fourth year, by contrast.

This will remove any possibility of a person transgressing, for as the produce is harvested, its holiness will be transferred to the money.

I.e., there is a problem with redeeming the produce in this manner, because doing so resembles the concept of bereirah, i.e., the money is set aside at the outset and the consecration takes effect only retroactively. According to the Rambam, bereirah is not effective in questions involving Scriptural Law. In truth, however, we are not relying on bereirah in this instance, because the money is set aside and the redemption does not take place until the produce is harvested (Radbaz). In addition, there is a further problem. When the reaper takes the produce, it is no longer in the owner’s possession, and hence, one might think that it is not in his power to redeem it (see the Responsa of the Ramban, quoted by the Kessef Mishneh). For these reasons, it is not fully desirable to redeem the produce in this manner, but there is no real alternative, as the Rambam proceeds to explain.

See Halachah 2.

Le., Rosh HaShanah. See the following halachah with regard to the consideration given to the 15th of Shvat (Tu BeShvat) which is “the New Year of the Trees.”

I.e., we count neither from the “birthday” of each tree, nor from Rosh HaShanah. Rather the first year is considered as from the time the tree is planted and then each year, we begin to count the coming years from Rosh HaShanah.
The concept that 30 days can be considered as a year is relevant in other halachic contexts. See Hilchot Ishut 2:4; Hilchot Ma’aseh HaKorbanot 1:14.

Note the parallel in Hilchot Shemitah 3:11.

Similarly, in the fifth year, until Tu BeShvat, the produce is considered as neta reva‘i.

Thus there are 44 complete days before Rosh HaShanah. The same laws apply to any tree planted before that date.

I.e., it reached the “phase of tithing,” one third of its growth. See Chapter 1, Halachah 2; Hilchot Shemitah 4:9. See also Shulchan Aruch (Yoreh De’ah 294:4).

Or weeks.

Or taken to Jerusalem.

Since the Torah speaks in terms of years and does not mention twelve months, all of the produce that grows during the year is included in the prohibition (Radbaz).

This holds true for any tree planted between the 16th of Av and Rosh HaShanah.

I.e., the reckoning is made from Rosh HaShanah, not from the fifteenth of Shvat. Although there are Rishonim who maintain that in this instance as well, we should reckon from the fifteenth of Shvat, the Ra’avad cites proof from the Jerusalem Talmud (Rosh HaShanah 1:2) to support the Rambam’s view.

Despite the Ra’avad’s interpretation that the years should be counted from Tu BeShvat, Rav Yosef Corcus and the Kessef Mishneh interpret the Rambam’s words simply: We count three years from the day the tree was planted (or perhaps two weeks later, to allow for rooting). Thus if a tree was planted on the 28th of Tishrei, three years later on the 28th of Tishrei, its fruit is permitted as neta reva‘i.

The Kessef Mishneh interprets this as referring to the approach of the Halachot Gedolot [as quoted by Tosafot, Rosh HaShanah 10a, Rabbenu Shimshon (Ma’aser Sheini 5:1), and Rabbenu Asher (at the conclusion of his Hilchot Orlah)].

Our definition of all these terms is based on the Rambam’s Commentary to the Mishnah (Orlah 1:7).

For the prohibition is against partaking of fruit and these are not fruit (ibid.).

Because it is forbidden to derive any benefit whatsoever from orlah (Orlah 1:8).

For the prohibition against neta reva’i involves only eating and these are not considered as food.

With regard to both prohibitions.

The three years of orlah are counted from the time the tree is planted regardless of when he thought of using it for food (Radbaz).

I.e., he does not plant the trees in order to partake of the food himself, but to leave it as ownerless, for any passers by to partake of them [the Rambam's Commentary to the Mishnah (Orlah 1:2)].

This applies even if the rocky terrain is a person's private property. We are forced to say that for the previous halachah already mentioned a tree that grew on its own accord in the public domain (Radbaz). The rationale for this law is that since the soil is not good, the trees will not grow well and will only produce a minimal amount of fruit. Hence, it is considered as if one has planted these trees for purposes other than their fruit and the prohibition of orlah does not apply as stated in Halachah 2.

The candelabrum in the Temple.

It is forbidden for a Jew to make such a graft. Once it is made, however, a Jew can benefit from the fruit. He must, however, wait the three orlah years (Radbaz).

I.e., in the case of a replanted tree, we do not consider the years it grew in its previous place.

Havrachah, translated as “extending,” is a technique that was used particular with regard to vines. After a vine had grown for a long time, the head of the vine is planted in the ground where it grows new roots and thus has the potential to better nurture the new growth. As evident from the continuation of the halachah, sometimes the connection to the original vine is severed and it continues to grow as entirely independent plant. Other times, the connection is allowed to continue and then it is considered only as an extension of the original plant.

Thus the grafted branch will be receiving nurture from two sources (ibid.).

For severing the connection is considered like planting it.

For the prohibition of orlah is nullified in a mixture one/two hundredth the size of the forbidden matter. In the instance mentioned above, once the connection to the original tree is severed, everything which grows is considered as orlah. Thus the fruit remaining on the tree has both permitted and forbidden elements to its existence. If it grows more than the amount stated above, the prohibited substance within it is not nullified and it causes the entire fruit to become forbidden.

I.e., one that was not yet three years old.

The implanted plants are considered as new entities and the prohibition of orlah applies to them.