Kiddushin, Daf Kaf Daled, Part 1
Introduction
Today s section contrasts the opinions of R. Meir and the sages with what appear to be contradictory opinions found elsewhere. At the end of last week we read of the following dispute:
What are we dealing with here? For instance a stranger gave him a maneh, saying: On condition that with it you go free.
R. Meir holds: When he says to him, Acquire [it,] the slave acquires it and so does his master; and when he says to him, on condition [etc.], he says nothing.
Whereas the Rabbis hold: He did not give transfer ownership of it [even] to him [the slave], since he said to him, On condition that with it you go free
ורמי דרבי מאיר אדרבי מאיר ורמי דרבנן אדרבנן דתניא אין אשה פודה מעשר שני בלא חומש ר"ש בן אלעזר אומר משום ר’ מאיר אשה פודה מעשר שני בלא חומש
Now, cast R. Meir against himself, and the rabbis against themselves. For it was taught:
A woman cannot redeem second tithe without [adding] a fifth.
R. Shimon b. Elazar said in the name of R. Meir: A woman can redeem second tithe without [adding] a fifth.
Second tithe produce is usually redeemed, the money is brought to Jerusalem and used there to buy food products. The issue here is a woman redeeming her husband s second tithe. When one redeems one s own second tithe, one is liable to pay an added fifth. But when redeems someone else s second tithe, one need not add the fifth.
According to the first opinion, that of the sages, the woman essentially is like her husband, and therefore she must add the fifth. According to R. Meir she need not add the extra fifth.
היכי דמי אילימא בזוזי דבעל ומעשר דבעל שליחותיה דבעל קא עבדה
ואלא בזוזי דידה ומעשר דידיה איש אמר רחמנא ולא אשה
אלא לאו כי האי גוונא דאקני לה אחר מנה ואמר לה ע"מ שתפדי בו את המעשר ואיפכא שמענא להו
Now, what is the case? If we say, [she redeems it] with her husband’s money, and it is her husband s second tithe, then she is acting as her husband’s agent.
But if with her money and his tithe, the Torah said, [And if] a man [will redeem anything of his tithe, then he shall add to a fifth] (Leviticus 27:31), but not his wife?
Rather it surely refers to a case such as this, where a stranger gave her a maneh, and said, On condition that you redeem the tithe with it, and thus we learn that they hold contrary opinions.
If the money and the tithe are her husband s then all would agree that she is her husband s agent and must add the fifth. And if it is her money (inherited), then all should agree that she is exempt from the tithe.
Therefore, the Talmud suggests that it must be a case where someone gives her money on condition that she use it to redeem the tithe. The rabbis hold that this money is automatically her husband s and therefore, she is his agent and must add the fifth. R. Meir says it is not automatically her husband s and therefore she need not add the fifth.
These opinions are opposite of those we saw above, and thus both seem to be contradictory.
אמר אביי איפוך רבא אמר לעולם לא תיפוך והכא במעשר דאתא מבי נשא עסקינן ור"מ לטעמיה דאמר מעשר ממון הקדש הוא ולא קני ליה בעל
ורבנן לטעמייהו דאמרי ממון הדיוט הוא וקני ליה בעל הילכך שליחותא דבעל קעבדא:
Abaye said: Then reverse them.
Rava said: In the end you do not need to reverse them, but here it refers to tithe which came [to her] from her father’s estate.
R. Meir following his opinion that tithe is sacred property, so that her husband does not acquire it.
The Rabbis follow their opinion that tithe is non-sacred property, and her husband acquires its usage. Therefore she is doing her husband s agency.
Abaye says that we should reverse the opinions.
But, as usually happens, Rava finds a way not to reverse the opinions. The case is one of tithe which she inherits from her father s estate. According to R. Meir, second tithe is holy, and therefore her husband does not acquire it. When she redeems the produce, she is redeeming her own tithe.
The other rabbis hold that second tithe is not holy. Her husband does acquire it (or at least certain rights) and therefore when she redeems it, she is fulfilling her husband s agency. She must add the extra fifth.