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Re: Beitzah 013: inconsistency of proof

Kollel Iyun Hadaf
Thu, 04 Feb 2010 05:15:02 -0800

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             Rosh Kollel: Rabbi Mordecai Kornfeld
                      d...@dafyomi.co.il
 
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Beitzah 013: Proof that the Levi must Grind
 
Jonathan Bailey asked:
 
In Beitza 13a, at the bottom, it says that Ravah says that the reason a Levi 
has to grind the trumat ma’aser he’s going to give to the Kohen (instead of 
just giving it to him in raw form ‘the way HE got it’) is because it’s a knas 
for having taken his ma’aser before Terumah gedolah was taken from the original 
produce; he therefore needs to be penalized for that. 
 
It then brings up a brayta to help support that idea which goes on to say that 
the reason a Levi has to grind before delivery to the kohen is because just 
like Terumah Gedolah is only separated once it’s ground, so too, trumat Ma’aser 
is only separated once it’s ground.
 
BUT, Ravah said it was a knas, not a rule based on Terumah Gedolah!! This 
Brayta is specifically NOT a support to Ravah’s idea!
 
Jonathan Bailey, Modiin, Israel
----------------------------------------------
The Kollel replies:
 
(a) The MAHARAM SHIF and RASHASH both ask your excellent question. (The Maharam 
Shif offers an answer, but it is rather forced; see the Bi'ur there.)
 
(b) The first answer that comes to mind is the the "Shin" (of she'Keshem) is 
like a Vav, as in Beitzah 8a. The reason will still be because of the Kenas. 
(Even without the exchange of letters, the Beraisa may be understood in such a 
manner. It is not giving a *reason* for the Halachah, but rather stating a 
fact.)
 
(c) But the SHITAH MEKUBETZES (actually RITVA, but that is another subject) was 
apparently bothered by this question when he suggested that the Kenas is not 
because the Levi transgressed the Isur. It is because he deprived the Kohen of 
Terumah. (Since Ma'aser was taken from Shibalim, only Terumas Ma'aser, and not 
Terumah, will be separated from it.) If that is the case, this is exactly what 
the Beraisa means: Terumah must normally be given to the Kohen before Ma'aser, 
and it must be given fully ground. Therefore, even when the Levi takes his 
Ma'aser b'Shibalim, he must at least grind the Terumas Ma'aser before giving it 
to the Kohen, so as to minimize the loss to the Kohen. That is the "k'Shem."
 
Rashi may learn the Beraisa in a similar fashion. The Beraisa is explaining why 
the Kenas was to grind the Terumas Ma'aser. Maybe the Kenas should be to bake 
it into a cake.... The answer is that the Rabanan instituted to give the 
Terumas Ma'aser at least the way that Terumah is normally given, fully ground.
 
Best wishes,
Mordecai Kornfeld
Kollel Iyun Hadaf



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