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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?
Thank you,
Binyamin Prys
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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.
Kol Tuv,
Dovid Bloom
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