Kiddushin, Daf Nun Daled, Part 5

Introduction

In yesterday s sugya we heard of an anonymous mishnah that rules like R. Yehudah when it comes to hekdesh. To recall, he had said that if a man uses hekdesh for betrothal, if unwittingly, he has betrothed her. If intentionally, he has not.

כר’ יהודה בהקדש מאי היא דתנן שילח ביד פיקח ונזכר עד שלא הגיע אצל חנווני חנווני מעל לכשיוציא

[We taught anonymously] like R. Judah in respect to hekdesh.

What is this? As we learned: If one sent one of sound senses and remembers [that the money belongs to Temple property] before it has come into the possession of the shopkeeper, the shopkeeper will be guilty when he spends it.

This is Mishnah Meilah 6:2. An employer sends an agent of sound senses (not deaf or a minor) and remembers that the money he gave to his agent is holy, but he remembers too late. The employee is already on his way. At this point the sender cannot be liable for trespass, or at least not to bring a trespass to atone for trespass, because a sacrifice is not brought by one who intentionally commits trespass. Although he sent it without knowing it was holy, since he knows before it is used, he is considered as one who intentionally commits trespass.

This accords with R. Judah who holds that when one intentionally uses hekdesh, the hekdesh remains holy. It will be descralized only when the shopkeeper uses it.

וכר’ יהודה במעשר מי לא תנן והתנן הפודה מעשר שני שלו מוסיף עליו חמישיתו בין משלו בין שניתן לו במתנה

מני אילימא ר"מ היא מי מצי יהיב ליה במתנה והאמר מעשר ממון גבוה הוא אלא לאו ר’ יהודה

And did we not learn [anonymously] as R. Yehudah in respect to second tithe? Have we not learned: If one redeems his own second tithe, he must add a fifth, whether it was his [in the first place] or given to him as a gift.

Whose [view] is this? If we say, it is R. Meir? Can one give it as a gift: surely he maintains that second tithe is sacred property? Hence it must surely be R. Yehudah s!

The Talmud goes back to ask whether we are so sure that the anonymous mishnah about second tithe accords with R. Meir. There is a mishnah that refers to second tithe being given from one person to another. But if second tithe is holy, it cannot be given as a gift.

לא לעולם ר"מ והכא במאי עסקינן כגון דיהיב ניהליה בטיבליה וקסבר מתנות שלא הורמו כמי שלא הורמו דמיין

No. After all, it is R. Meir’s view, and what are we dealing with here? He gave it to him [mixed up] while it was still in a state of untithed produce and he holds that unseparated gifts count as unseparated.

The gift given to the one separating tithes was not second tithe itself, but untithed produce. The agricultural gifts are still within the produce (mixed up in it) and are not considered as if they have been separated. Therefore, one can give, in a sense, second tithe, to another person. When he separates the tithe, it will be his own tithe he is separating.