Yevamos - Daf 86
- Rebbe Meir’s source that maaser rishon is assur to zarim
The Gemara initially suggested that the Mishnah on Daf 85b that stated that a bas Yisroel may not eat maaser rishon even if she is betrothed to a Levi, nor may a bas Levi eat it if she is betrothed to a Yisroel, is going according to Rebbe Meir, who holds that maaser rishon is assur to zarim. The Gemara here asks what Rebbe Meir’s source is, and Rav Acha brei d’Rabbah reported a tradition that he had received going back to Rebbe Meir himself. The passuk states: "כי את מעשר בני ישראל אשר ירימו לה' תרומה" – For the maaser of the Jewish people that they will designate to Hashem as terumah, I have given to the Leviim as an inheritance. By describing maaser as “terumah” the passuk is teaching, מה תרומה אסורה לזרים אף מעשר ראשון אסור לזרים – Just as terumah is forbidden to zarim, so too maaser rishon is forbidden to zarim. The Rabbanon, who hold that maaser rishon is mutar to zarim, explain the passuk to teach, מה תרומה טובלת אף מעשר ראשון נמי טובל – Just as terumah effects the law of tevel, (which Rashi explains to mean, that if someone eats tevel where terumah has not been separated, he is chayav misah bidei Shomayim), so too if one eats tevel where maaser rishon has not been separated, he is chayav misah bidei Shomayim.
- Machlokes whether maaser rishon may be given to a Kohen
It was taught in a Baraisa: תרומה לכהן ומעשר ראשון ללוי דברי רבי עקיבא – Rebbe Akiva says that terumah is given only to a Kohen and maaser rishon is only given to a Levi. But Rebbe Elazar ben Azaryah says: לכהן – that maaser is given to a Kohen, which is understood to mean that it can also be given to a Kohen. The Gemara explains that Rebbe Akiva’s reason is that the passuk states: "ואל הלוים תדבר ואמרת אלהם" – To the Leviim shall you speak, and you shall say to them. When you take…maaser. The passuk is specifically addressing Leviim. Rebbe Elazar ben Azaryah would respond and explain the passuk in light of what Rebbe Yehoshua ben Levi said: בעשרים וארבעה מקומות נקראו כהנים לוים – In twenty-four places in Tanach Kohanim are called Leviim, and this passuk would be one of them. Rebbe Akiva did not interpret the passuk this way because the passuk here states: "ואכלתם אתו בכל מקום" – you may eat it (i.e. maaser) anywhere. The passuk is referring to someone who can eat it anywhere, which excludes a Kohen, who cannot eat it in a cemetery. The Gemara continues with how Rebbe Elazar ben Azaryah would respond.
- How the Leviim were penalized in the days of Ezra for not ascending to Eretz Yisroel
The Gemara teaches that the reason the Leviim were penalized regarding maaser rishon is שקנסא שלא עלו בימי עזרא – because they did not ascend from Bavel to Eretz Yisroel in the days of Ezra. Rebbe Yonasan and the Elders disagree on the nature of the penalty. One holds קנסא לעניים – the penalty required that maaser be given to the poor, which the mefarshim explain, means that it may also be given to the poor. This would deprive the Leviim of some of the maaser. The other one holdsכהנים בימי טומאתן עניים נינהו - When Kohanim are tamei, they are poor, because they cannot eat terumah then, so Ezra decreed the maaser be given to them. The Gemara brings the source that the Leviim did not ascend in the days of Ezra, for it is written: "ואקבצם אל הנהר הבא אל אהוא ונחנה שם ימים שלשה ואבינה בעם ובכהנים ומבני לוי לא מצאתי שם" – I gathered them at the flowing river, at the Ahava, and we camped there for three days, I then examined the people and the Kohanim, but I could find no Leviim there.
