Yevamos - Daf 73
- ערל מהו במעשר
Rav Sheishess was asked: ערל מהו במעשר – What is the halachah regarding an arel eating maaser sheni? Do we say that just as one derives the prohibition of an onein to eat the korban pesach from the prohibition of an onein eating maaser sheni, one can also derive a prohibition of an arel eating maaser sheni from the prohibition of an arel partaking of the pesach? Or do we say חמור מקל יליף קל מחמור לא יליף – one can derive a prohibition on a stringent case, (the pesach) from a lenient case (maaser sheni) but one cannot derive a prohibition on a lenient case (maaser sheni) from a stringent case (pesach)? Rav Sheishess responded that the answer can be learned from a Mishnah in Bikkurim that compares terumah and bikkurim to maaser sheni, and among the differences it does not mention that maaser sheni is mutar to an arel whereas terumah and bikkurim are not. If we do not derive the lenient case of maaser sheni from the stringent case of pesach, and an arel is in fact, permitted to eat maaser sheni, it should have been included in the Mishnah. The Gemara rejects this proof, saying: תנא ושייר – the Tanna taught some of the halachos that only apply to terumah and bikkurim but not all of them.
- Machlokes whether bikkurim are prohibited to an onein
The Mishnah in Bikkurim stated that the Rabbanon hold maaser sheni and bikkurim are prohibited to an onein, whereas Rebbe Shimon permits them to an onein. The Gemara says that the Rabbanon learn that bikkurim are prohibited to an onein from the passuk: "לא תוכל לאכל בשעריך מעשר דגנך ותירשך ויצהרך...ותרומת ידך" – You may not eat in your gates, the maaser sheni of your grain, your wine, and your oil…the terumah of your hand.” And it was stated in a Baraisa: "תרומת ידך" אלו בכורים - The terumah of your hand – these are bikkurim. ואיתקיש בכורים למעשר – and from the juxtaposition of bikkurim to maaser sheni we learn that just as maaser sheni is prohibited to an onein, so too bikkurim are prohibited to an onein. But Rebbe Shimon holds that since the Torah called bikkurim, “terumah,” it should be treated like terumah. Just as terumah is permitted to an onein, so too bikkurim are mutar to an onein.
- The source that a tahor may not eat tamei maaser sheni
It was taught in a Baraisa: Rebbe Shimon says: The Torah commands one to declare about his maaser sheni, "לא ביערתי ממנו בטמא" – I have not burned any of it in a state of tumah, which implies, whether I was tamei and the maaser sheni was tahor or whether I was tahor and the maaser sheni was tamei, והיכא מוזהר על אכילתו איני יודע – But I do not know where the owner is warned against eating maaser sheni in a state of tumah. The Gemara clarifies that Rebbe Shimon is looking for טומאת עצמו מנלן – the source that a tahor person is prohibited to eat tamei maaser sheni. The Torah states: "לא תוכל לאכל בשעריך מעשר דגנך" – You may not eat in your gates, the maaser sheni of your grain, and later the Torah states regarding a blemished bechor: "בשעריך תאכלנו הטמא והטהור יחדו כצבי וכאיל" – In your gates you shall eat it, the tamei and the tahor together, as one eats the deer and the hart. It was taught in a Baraisa: A tamei person and a tahor person may eat the blemished bechor on one table from a single platter, and they need not be concerned that even though the bechor becomes tamei from the tamei person, the tahor person may eat it. Whereas with the bechor, the passuk states: "בשעריך תאכלנו", and with regard to maaser sheni, the passuk states: "לא תוכל לאכל בשעריך". From here we learn that a tahor may not eat tamei maaser sheni.
