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Re: Yevamos 073: Isur Hadlakas ha'Ner by Ma'aser Sheni
Binyamin Prys asks:
>>Rashi DH v'Heichan Muzhar mi'Sifri discusses the Isur to use Ma'aser
Sheni for a Ner. From where do we learn that there is an Isur Hana'ah by
Ma'aser Sheni if the Pasuk only refers to an Isur Achilah?<<
The Kollel replies:
>>1) There is no Isur Hana'ah on Ma'aser Sheni. Rashi here writes that
Ma'aser Sheni which is Tahor may be used only for eating, drinking, or
anointing. Rashi's source is the Mishnah in Ma'aser Sheni 2:1. The
Bartenura there writes that this Din is derived from the verse (Devarim
14:26) which refers to what should be done with Ma'aser Sheni, "You shall
spend the money on cattle and sheep and wine... and you shall eat there
before Hashem." This teaches that the Mitzvah of Ma'aser Sheni is that it
should be eaten. There are two additional rules: (a) drinking is included
in eating, and (b) anointing with oil is equivalent to drinking. Therefore,
drinking the Ma'aser Sheni or using it for annointing is also considered
equivalent to eating it, and is a way of fulfilling the Mitzvah of the
Torah.
Therefore according to Rashi, if one used Ma'aser Sheni for lighting a
candle, he did not transgress an Isur Hana'ah, but rather he negated the
Torah Mitzvah of eating Ma'aser Sheni in Yerushalayim.
2) Another proof that there is no Isur Hana'ah on Ma'aser Sheni is the
first Mishnah in Maseches Ma'aser Sheni. The Mishnah there states that one
may not sell Ma'aser Sheni. The Bartenura writes that the reason is that it
is holy, and this Mishnah follows the opinion of Rebbi Meir that "Ma'aser
Mamon Gavo'ah" -- Ma'aser belongs to Hashem and the Beis ha'Mikdash. One
sees that according to the opinion that "Ma'aser Mamon Hedyot" -- Ma'aser
belongs to its worldly owners -- one may sell it and we are not concerned
that one is transgressing an Isur Hana'ah by using the proceeds of the
sale.<<
---
Binyamin Prys <benip...@netvision.net.il> asks:
Thank you. However, my question is as follows: the Rashi you indicate says
it’s ossur to use maser sheni TOME for the purpose of lighting, but
neither the gemoro nor Rashi seem to indicate the source of a lav for that
(only for eating maser sheni betumas haguf and betumas atzmo).
----------------------------------------------
The Kollel replies:
1) There is a source for this in the Talmud Yerushalmi 2:1 (7a) where Rebbi
Zeira says in the name of Rebbi Lazer: "From where do we know that one may
not light with Ma'aser Sheni which became Tamei? The Torah teaches, 'I did
not burn it when it was Tamei' (Devarim 26:14)."
The Torah Temimah (Devarim 26:69) points out that the word "Bi'arti" means
to burn in fire. (The Perush ha'Rosh on the Mishnayos, at the end of
Ma'aser Sheni #3, also writes that we learn from this verse that one who
lights with Ma'aser Sheni Tamei before it was redeemed receives Malkus.)
However, the Torah Temimah points out that the Kesef Mishneh (Hilchos
Ma'aser Sheni 3:2) indicates a source for this Din from a Diyuk in our
Gemara in Yevamos, but does not mention that it is stated explicitly in the
Yerusahlmi.
2) In addition, if one looks closely at the Rambam there (3:2), one notices
that he learns that lighting with the Tamei Ma'aser Sheni is not a
full-scale Lav, and is in fact a lighter prohibition than that of eating
it. One sees this from 3:1 where the Rambam writes that one who eats
Ma'aser Sheni b'Tum'ah receives Malkus. In 3:2 he writes that even if one
lit the candle with Ma'aser Sheni after it became Tamei, it is forbidden
unless he redeemed it, as is written, "I did not burn it when it was
Tamei." We notice that in 3:2 he does not mention Malkus but merely writes
that it is forbidden.
3) The Mahari Kurkus, on the above Rambam, writes that the Rambam maintains
that the verse, "You may not eat in your gates" (Devarim 12:17), teaches
that the chief prohibition is against eating, and reveals to us that "Lo
Bi'arti Mimenu b'Tamei" refers mainly to eating, and therefore one receives
Malkus only for eating.
Therefore, according to the Rambam, lighting the candle with the Ma'aser
Sheni Tamei is not a full Lav with regard to Malkus but it is still
forbidden by the Torah. (The Ramabam disagrees with the Rosh cited above
that one receives Malkus also for lighting the candle.)
Kol Tuv,
Dovid Bloom
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