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Yevamot 86

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Today’s daf is sponsored by Don Nadel in loving memory of his mother Rhoda Nadel, Zisa Risa bat Aliya haCohen on her 25th yahrzeit.

The Mishna is based on the fact that a non-levite can’t eat maaser. This is according to Rabbi Meir’s opinion as found in a braita. From where does he derive this? What do the rabbis, who disagree with him, derive from that verse? The Gemara, however, questions the understanding that the Mishna is based on Rabbi Meir as that does not fit with the last case in the Mishna where a levite woman is engaged to a kohen or the reverse and the wife cannot eat either truma or maaser– the kohen should be allowed to eat maaser as all kohanim are also levites. Rav Sheshet explains the last line of the Mishna to mean something else – that she cannot give permission to a messenger to take truma from the maaser. Mar son of Rabana explained it differently – that she can’t collect the maaser in the granary. Does this fit with the two explanations for this issue in general – concerns for yichud in the granary or that she will continue to collect even once she is divorced? There is a debate between Rabbi Akiva and Rabbi Elazar ben Azaria about to whom the truma and maaser are given is brought – is maaser given only to the levi or can be given also to the kohen. They disagree on how to read the verse referring to levites – does that include kohanim or not? A story is brought about Rabbi Akiva who blocked Rabbi Elazar ben Azaria (who was a kohen) from taking maaser in a particular field by moving the entrance to the side where there was a cemetery. There is a debate among amoraim about why the levites were penalized and lost the rights to eat maaser in the time of Ezra. What was the reason for this? And to whom was the maaser given instead? How does this work with the story told about Rabbi Akiva and Rabbi Elazar ben Azaria. The Mishna goes through a situation where a woman married men of different statuses and had children with each of them – at every given point in the story, can she eat truma, maaser or not? What happens when each of the children die? What is the situation if she was a daughter of a kohen?

 

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Yevamot 86

תְּרוּמָה לְכֹהֵן, וּמַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה מַתִּירוֹ לְכֹהֵן. מַתִּירוֹ?! מִכְּלָל דְּאִיכָּא מַאן דְּאָסַר? אֶלָּא אֵימָא: נוֹתְנוֹ אַף לְכֹהֵן.

Teruma is for a priest and the first tithe is for a Levite; this is the statement of Rabbi Meir. Rabbi Elazar ben Azarya permits it, i.e., the first tithe, to a priest, as he too is from the tribe of Levi. The Gemara is puzzled by this last statement: It says: Permits it. Does this prove by inference that there is one tanna that prohibits a priest from partaking of tithes? But a priest is also a Levite and cannot be considered a foreigner. Rather, say that Rabbi Elazar ben Azarya meant that one may give it even to a priest. The tithe does not have to be handed to a Levite; one may choose to give it to a priest instead.

מַאי טַעְמָא דְּרַבִּי מֵאִיר? אָמַר רַב אַחָא בְּרֵיהּ דְּרַבָּה מִשְּׁמֵיהּ דִּגְמָרָא: ״כִּי אֶת מַעְשַׂר בְּנֵי יִשְׂרָאֵל אֲשֶׁר יָרִימוּ לַה׳ תְּרוּמָה״. מָה תְּרוּמָה אֲסוּרָה לְזָרִים, אַף מַעֲשֵׂר רִאשׁוֹן אָסוּר לְזָרִים. אִי מָה תְּרוּמָה חַיָּיבִין עָלָיו מִיתָה וָחוֹמֶשׁ — אַף מַעֲשֵׂר חַיָּיבִין עָלָיו מִיתָה וָחוֹמֶשׁ?

The Gemara inquires: What is the reason for Rabbi Meir’s opinion? Rav Aḥa, son of Rabba, said in the name of tradition that the verse states: “For the tithe of the children of Israel that they set apart as a teruma to the Lord, I have given to the Levites for an inheritance” (Numbers 18:24). From the fact that this verse calls the tithe “teruma,” we learn: Just as teruma is forbidden to foreigners, so too is the first tithe forbidden to foreigners, i.e., non-Levites. The Gemara asks: If so, is it true that just as with teruma, a foreigner who eats it is liable to receive the punishment of death at the hand of Heaven and to pay the additional fifth for it, so too, with regard to tithes, a foreigner who eats it should be liable for it to receive the punishment of death at the hand of Heaven and to pay the additional fifth?

אָמַר קְרָא: ״וּמֵתוּ בוֹ כִּי יְחַלְּלֻהוּ״, ״וְיָסַף חֲמִישִׁיתוֹ עָלָיו״. ״בּוֹ״ — וְלֹא בְּמַעֲשֵׂר, ״עָלָיו״ — וְלֹא עַל מַעֲשֵׂר. וְרַבָּנַן, מָה תְּרוּמָה טוֹבֶלֶת, אַף מַעֲשֵׂר רִאשׁוֹן נָמֵי טוֹבֵל.

The Gemara answers that the verse states: “They will die through it if they profane it” (Leviticus 22:9), and a different verse states: “Then he shall add the fifth part thereof unto it” (Leviticus 22:14). A close reading of these verses shows that the Torah is emphasizing that the death penalty comes through it, teruma, and not through tithes, and that a fifth must be added to it, but not to tithes. The Gemara asks: And the Rabbis, who disagree with Rabbi Meir, how do they account for the comparison in the above verse? The Gemara answers: They would say it teaches that just as the requirement to separate teruma produces the status of forbidden untithed produce, so too the requirement to separate the first tithe also produces the status of forbidden untithed produce.

וְכִדְתַנְיָא, רַבִּי יוֹסֵי אוֹמֵר: יָכוֹל לֹא יְהֵא חַיָּיב אֶלָּא עַל טֶבֶל שֶׁלֹּא הוּרַם מִמֶּנּוּ כׇּל עִיקָּר. הוּרַם מִמֶּנּוּ תְּרוּמָה גְּדוֹלָה וְלֹא הוּרַם מִמֶּנּוּ מַעֲשֵׂר רִאשׁוֹן מַעֲשֵׂר רִאשׁוֹן וְלֹא מַעֲשֵׂר שֵׁנִי, וַאֲפִילּוּ מַעְשַׂר עָנִי, מִנַּיִן?

And this is as it is taught in a baraita: Rabbi Yosei says: One might have thought a person should be liable only for untithed produce from which no terumot or tithes have been separated at all, but if the great teruma has been separated from it and the first tithe has not been separated from it; or if the first tithe has been separated from it and the second tithe has not; or even if the poor man’s tithe, which is merely given to the poor and has no sanctity, has not been separated, from where is it derived that such produce also has the status of untithed produce?

תַּלְמוּד לוֹמַר: ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״, וּלְהַלָּן הוּא אוֹמֵר: ״וְאָכְלוּ בִשְׁעָרֶיךָ וְשָׂבֵעוּ״. מָה ״שְׁעָרֶיךָ״ הָאָמוּר לְהַלָּן — מַעְשַׂר עָנִי, אַף ״שְׁעָרֶיךָ״ הָאָמוּר כָּאן — מַעְשַׂר עָנִי, וְאָמַר רַחֲמָנָא ״לֹא תוּכַל״.

The verse states: “You may not eat within your gates the tithe of your grain” (Deuteronomy 12:17), and below, with regard to the poor man’s tithe, it states: “That they may eat within your gates and be satisfied” (Deuteronomy 26:12). Just as “your gates” stated below is referring to the poor man’s tithe, so too “your gates” stated here is referring to the poor man’s tithe, and the Merciful One states in the Torah “you may not eat,” implying that it may be eaten only after separation.

וְאִי מֵהָתָם, הֲוָה אָמֵינָא לְלָאו, אֲבָל מִיתָה — לָא, קָא מַשְׁמַע לַן.

And if we had learned it only from there, I would say that it merely teaches a prohibition against partaking of untithed produce of this type, but the death penalty is not warranted. The comparison to teruma consequently teaches us that eating this type of untithed produce is also punishable by death at the hand of Heaven.

לִישָּׁנָא אַחֲרִינָא: מַעֲשֵׂר רִאשׁוֹן דְּטָבֵיל, מִדְּרַבִּי יוֹסֵי נָפְקָא! אִי מֵהַהִיא, הֲוָה אָמֵינָא לְלָאו, אֲבָל מִיתָה — לָא, קָא מַשְׁמַע לַן.

A different version of this discussion presents it in the form of a question: Isn’t it the case that the halakha that failure to separate the first tithe creates the status of untithed produce is derived from the halakha that Rabbi Yosei taught? If so, there is no need for the exposition of the verse referring to tithes as teruma. The Gemara answers: If the proof was from that source alone, I would say that it is only prohibited by a prohibition but the death penalty is not warranted. He therefore teaches us that all the stringencies of untithed produce are in force.

בְּמַאי אוֹקֵימְתַּהּ — כְּרַבִּי מֵאִיר, אֵימָא סֵיפָא: בַּת לֵוִי מְאוֹרֶסֶת לְכֹהֵן, וּבַת כֹּהֵן לְלֵוִי — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר, הָכָא מַאי זָרוּת אִיכָּא! אָמַר רַב שֵׁשֶׁת: מַאי ״אֵינָהּ אוֹכֶלֶת״ דְּקָתָנֵי — אֵינָהּ נוֹתֶנֶת רְשׁוּת לִתְרוֹם.

§ The Gemara asks: In what manner did you establish the mishna? In accordance with the opinion of Rabbi Meir. But if so, say the latter clause: The daughter of a Levite betrothed to a priest and the daughter of a priest betrothed to a Levite may eat neither teruma nor tithe. Here, what foreignness is there that prohibits her from partaking of the tithe? Even according to the opinion that prohibits the first tithe to foreigners, this woman is a Levite on both sides. Rav Sheshet said: What is the meaning of: She may not eat, that the mishna teaches? It means that she may not give permission to others to separate the teruma from the tithe. As long as she is merely betrothed to a Levite, she may not appoint a messenger to set aside the teruma from the tithe on behalf of the Levite, as she is not yet his wife.

מִכְלָל דִּנְשׂוּאָה נוֹתֶנֶת רְשׁוּת? אִין, וְהָתַנְיָא: ״וַאֲכַלְתֶּם אוֹתוֹ בְּכׇל מָקוֹם אַתֶּם וּבֵיתְכֶם״ — לִימֵּד עַל נְשׂוּאָה בַּת יִשְׂרָאֵל שֶׁנּוֹתֶנֶת רְשׁוּת לִתְרוֹם.

The Gemara asks: Is it to be concluded by inference that a married woman may give permission to separate teruma from the tithe? The Gemara answers: Yes, and isn’t it taught: “And you may eat it in any place, you and your households” (Numbers 18:31)? This teaches that an Israelite woman married to a Levite may give permission to another to separate teruma from the Levite’s tithe.

אַתָּה אוֹמֵר רְשׁוּת לִתְרוֹם, אוֹ אֵינוֹ אֶלָּא לֶאֱכוֹל? אָמְרַתְּ: תְּרוּמָה חֲמוּרָה אוֹכֶלֶת, מַעֲשֵׂר הַקַּל לֹא כׇּל שֶׁכֵּן?! אֶלָּא לִימֵּד עַל נְשׂוּאָה בַּת יִשְׂרָאֵל שֶׁנּוֹתֶנֶת רְשׁוּת לִתְרוֹם.

The baraita continues to discuss this halakha: Do you say she may give permission to separate teruma from the tithe, or perhaps it is only referring to eating? Say in response: If an Israelite woman married to a priest may partake of teruma, which is stringent, is it not all the more so true for tithe, which is lenient? Consequently, there is no need to teach us this halakha. Rather, the verse teaches that an Israelite woman married to a Levite may give permission to another to separate teruma from the tithe.

מָר בְּרֵיהּ דְּרַבְנָא אָמַר: לוֹמַר שֶׁאֵין חוֹלְקִין לָהּ מַעֲשֵׂר בְּבֵית הַגְּרָנוֹת. הָנִיחָא לְמַאן דְּאָמַר מִשּׁוּם יִיחוּד, אֶלָּא לְמַאן דְּאָמַר מִשּׁוּם גְּרוּשָׁה, גְּרוּשָׁה בַּת לֵוִי מִי לָא אָכְלָה בְּמַעֲשֵׂר?!

Mar, son of Rabbana, said: The mishna is not teaching that the daughter of a Levite who was betrothed to a priest may not partake of tithe, but rather it is coming to say that we do not distribute tithe to her in the granary. The Gemara asks: This works out well according to the one who says that the reason for the decree against distributing teruma to a woman in the granary is due to the prohibition (Yevamot 100a) against a woman being alone with a strange man in the granary, which is a secluded place, as this concern applies equally to the case here. But according to the one who says that the Sages prohibited this practice due to concern that the woman might be a divorcée, who is no longer entitled to teruma, this concern should not apply to the daughter of a Levite. Does she not partake of tithe on her own account, even after she is divorced?

וְלִיטַעְמָיךְ, גְּרוּשָׁה בַּת כֹּהֵן מִי לָא אָכְלָה בִּתְרוּמָה? אֶלָּא גְּזֵירָה מִשּׁוּם גְּרוּשָׁה בַּת יִשְׂרָאֵל.

The Gemara refutes this argument: And according to your reasoning that rejects the explanation of Mar, son of Rabbana, with regard to the daughter of a Levite, does a divorcée who is the daughter of a priest not partake of teruma? Why should the daughter of a priest married to a priest not receive teruma in a granary? Rather, this is a rabbinic decree that was enacted primarily due to a priest’s divorcée who is the daughter of a non-priest, as she may no longer partake of teruma after her divorce. They also applied this decree to the daughter of a priest divorced from a priest. For this reason, they also decreed against a Levite woman receiving a portion in the granary.

אִי הָכִי, מַאי אִירְיָא מְאוֹרֶסֶת? אֲפִילּוּ נְשׂוּאָה נָמֵי! אַיְּידֵי דִּתְנָא רֵישָׁא מְאוֹרֶסֶת, תְּנָא נָמֵי סֵיפָא מְאוֹרֶסֶת.

The Gemara raises a difficulty: If so, why specifically one who was betrothed; the same would hold true even for a married woman as well. The Gemara answers: There is no difference between them in this regard, but since the tanna taught in the first clause of the mishna: Betrothed, he also taught in the latter clause: Betrothed, although the halakha in the latter clause does not apply exclusively to a betrothed woman.

תָּנוּ רַבָּנַן: תְּרוּמָה לְכֹהֵן, וּמַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר:

§ The Sages taught: Teruma is given to a priest, and the first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says:

לְכֹהֵן. לְכֹהֵן וְלֹא לְלֵוִי? אֵימָא אַף לְכֹהֵן. מַאי טַעְמָא דְּרַבִּי עֲקִיבָא — דִּכְתִיב: ״וְאֶל הַלְוִיִּם תְּדַבֵּר וְאָמַרְתָּ אֲלֵיהֶם״, בִּלְוִיִּם קָא מִשְׁתַּעֵי קְרָא. וְאִידַּךְ כִּדְרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי, דְּאָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: בְּעֶשְׂרִים וְאַרְבָּעָה מְקוֹמוֹת נִקְרְאוּ כֹּהֲנִים לְוִיִּם, וְזֶה אֶחָד מֵהֶם: ״וְהַכֹּהֲנִים הַלְוִיִּם בְּנֵי צָדוֹק״.

The first tithe is given to a priest. The Gemara is puzzled: To a priest and not to a Levite? But the Torah expressly states that the first tithe is for Levites. The Gemara answers: Say he means it can be given also to a priest. The Gemara clarifies: What is the reason for Rabbi Akiva’s opinion? As it is written: “You shall speak to the Levites, and you shall say to them” (Numbers 18:26). Clearly, the verse speaks of Levites, not priests. And the other tanna, Rabbi Eliezer, maintains in accordance with the opinion of Rabbi Yehoshua ben Levi, as Rabbi Yehoshua ben Levi said: In twenty-four places in the Bible the priests are called Levites. And this is one of those verses: “And the priests the Levites, the sons of Zadok” (Ezekiel 44:15).

וְרַבִּי עֲקִיבָא, הָכָא לָא מָצֵית אָמְרַתְּ, דִּכְתִיב: ״וַאֲכַלְתֶּם אוֹתוֹ בְּכׇל מָקוֹם״, מִי שֶׁיָּכוֹל לְאוֹכְלוֹ בְּכׇל מָקוֹם. יָצָא כֹּהֵן, שֶׁאֵין יָכוֹל לְאוֹכְלוֹ בְּבֵית הַקְּבָרוֹת. וְאִידַּךְ? כֹּל הֵיכָא דְּבָעֵי — דְּלָא בָּעֵי חוֹמָה, וְאִי אָכֵיל לֵיהּ בְּטוּמְאַת הַגּוּף — לָא לָקֵי.

And Rabbi Akiva replies: Here you cannot say the verse is referring to priests, as it is written: “And you may eat it in any place” (Numbers 18:31), from which we learn that the tithe is given to one who can eat it in any place. This excludes a priest, who cannot eat it in a cemetery, as he is prohibited from entering such a place. Consequently, the verse cannot be referring to priests. And the other Sage, Rabbi Eliezer, how does he respond to this claim? He explains the verse as follows: He may eat it anywhere that he wishes, that is, in any city, as it does not require the wall of Jerusalem, like the second tithe. And we further learn from here that if he eats it in a state of bodily impurity he is not flogged. Consequently, we can say that tithe may be eaten by priests in any place.

הָהִיא גִּינְּתָא דַּהֲוָה שָׁקֵיל רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה מַעֲשֵׂר רִאשׁוֹן מִינַּהּ. אֲזַל רַבִּי עֲקִיבָא אַהְדְּרֵיהּ לְפִתְחָא לְבֵי קִבְרֵי. אֲמַר: עֲקִיבָא בְּתַרְמִילוֹ, וַאֲנָא חָיֵי?

The Gemara relates: There was a certain garden from which Rabbi Elazar ben Azarya, a priest, would take the first tithe, in accordance with his opinion that priests are also entitled to this tithe. Rabbi Akiva went, closed up the garden, and changed its entrance so that it would be facing toward the cemetery, to prevent Rabbi Elazar ben Azarya from entering the garden. Rabbi Elazar said in the form of a lighthearted exaggeration: Akiva, a former shepherd, comes with his satchel, but I have to live; from where will I receive my livelihood if I cannot claim the first tithe? Rabbi Elazar was actually a very wealthy man and did not need the produce from this garden. However, his point was that Rabbi Akiva acted in order to stop him from receiving something that he felt was rightfully his.

אִיתְּמַר, מִפְּנֵי מָה קָנְסוּ לְוִיִּם בְּמַעֲשֵׂר? פְּלִיגִי בַּהּ רַבִּי יוֹנָתָן וְסָבַיָּא. חַד אָמַר: שֶׁלֹּא עָלוּ בִּימֵי עֶזְרָא. וְחַד אָמַר: כְּדֵי שֶׁיִּסְמְכוּ כֹּהֲנִים עָלָיו בִּימֵי טוּמְאָתָן.

§ It was stated that amora’im disagreed about the following question: For what reason did the Sages penalize the Levites with regard to their tithe, by declaring that it may be given to priests as well? Rabbi Yonatan and the Elders who were with him disagree with regard to this matter. One said it was because they did not ascend, i.e., immigrate to the land of Israel, in the days of Ezra. And one said that it was not a penalty at all, but they gave the first tithe to the priests so that they could rely on it during their days of impurity. Because it is prohibited for priests to consume teruma while in a state of impurity, they would have had nothing to eat if they were dependent exclusively on teruma. It is permitted, however, to eat the tithe while impure.

בִּשְׁלָמָא לְמַאן דְּאָמַר שֶׁלֹּא עָלוּ — מִשּׁוּם הָכִי קַנְסִינְהוּ. אֶלָּא לְמַאן דְּאָמַר כְּדֵי שֶׁיִּסְמְכוּ עָלָיו כֹּהֲנִים בִּימֵי טוּמְאָתָן — מִשּׁוּם כֹּהֲנִים קַנְסִינְהוּ לַלְוִיִּם?! אֶלָּא כּוּלֵּי עָלְמָא קְנָסָא שֶׁלֹּא עָלוּ בִּימֵי עֶזְרָא. וְהָכָא בְּהָא קָמִיפַּלְגִי: מָר סָבַר: קְנָסָא לַעֲנִיִּים, וּמָר סָבַר: כֹּהֲנִים בִּימֵי טוּמְאָתָן — עֲנִיִּים נִינְהוּ.

The Gemara asks: Granted, according to the one who says it was because they did not ascend, we can understand that due to that reason they penalized the Levites by forcing them to share their tithe with the priests. But according to the one who says it was done so that the priests could rely on it during their days of impurity, should we penalize the Levites for the benefit of priests? Rather, everyone agrees that it was a penalty for the fact that they did not ascend in the days of Ezra, and here they disagree about this: One Sage holds that the penalty is that the tithe must be given to the poor, and one Sage holds that priests are classified as poor in the days of their impurity.

בִּשְׁלָמָא לְמַאן דְּאָמַר קְנָסָא לַעֲנִיִּים — מִשּׁוּם הָכִי אַהְדְּרֵיהּ רַבִּי עֲקִיבָא לְפִתְחָא לְבֵי קִבְרֵי. אֶלָּא לְמַאן דְּאָמַר לְכֹהֲנִים, אַמַּאי אַהְדְּרֵיהּ לְפִתְחָא לְבֵי קִבְרֵי? הָכִי קָאָמַר לֵיהּ: אִי דְּקָא אָתֵית בְּתוֹרַת קְנָסָא — אִית לָךְ, וְאִי קָא אָתֵית בְּתוֹרַת חֲלוּקָּה — לֵית לָךְ.

The Gemara asks: Granted, according to the one who says that the penalty imposed on the Levites is that the tithe must be given to the poor, due to that reason Rabbi Akiva changed the garden entrance so that it would be facing toward the cemetery, as Rabbi Elazar ben Azarya was a wealthy man. But according to the one who says the tithe was given to the priests, why did he change the entrance so that it would be toward the cemetery? The Gemara answers: This is what he said to him, i.e., this is what he meant: If you come to receive the tithe by virtue of the penalty imposed on the Levites, you may have it, but if you come by the standard halakha of distribution, demanding your share with the Levites, you may not have the tithe. If the owner of the garden chooses to give it to you, you may accept it, but you may not take it yourself.

וּמְנָא לַן דְּלָא סְלִיקוּ בִּימֵי עֶזְרָא? דִּכְתִיב: ״וָאֶקְבְּצֵם אֶל הַנָּהָר הַבָּא עַל אַהֲוָא וַנַּחֲנֶה שָׁם יָמִים שְׁלֹשָׁה וָאָבִינָה בָעָם וּבַכֹּהֲנִים וּמִבְּנֵי לֵוִי לֹא מָצָאתִי שָׁם״. אָמַר רַב חִסְדָּא: בַּתְּחִלָּה לֹא הָיוּ מֵעֲמִידִים שׁוֹטְרִים אֶלָּא מִן הַלְוִיִּם, שֶׁנֶּאֱמַר: ״וְשׁוֹטְרִים הַלְוִיִּם לִפְנֵיכֶם״, עַכְשָׁיו אֵין מַעֲמִידִין שׁוֹטְרִים אֶלָּא מִיִּשְׂרָאֵל, שֶׁנֶּאֱמַר: ״וְשׁוֹטְרִים הָרַבִּים בְּרָאשֵׁיכֶם״.

The Gemara asks with regard to the penalty imposed on Levites: And from where do we derive that the Levites did not ascend in the days of Ezra? As it is written: “And I gathered them together to the river that runs to Ahava; and we encamped there for three days; and I viewed the people, and the priests, and found there none of the sons of Levi (Ezra 8:15). With regard to this, Rav Ḥisda said: Initially they would establish officers over the people only from among the Levites, as it states: “And the officers, the Levites, before you” (II Chronicles 19:11), but now they establish officers only from among the Israelites, as it is stated: And the officers of the many at your heads. This indicates that officers were appointed from: The many, meaning the largest group, ordinary Israelites.

מַתְנִי׳ בַּת יִשְׂרָאֵל שֶׁנִּיסֵּת לְכֹהֵן — תֹּאכַל בִּתְרוּמָה. מֵת וְלָהּ הֵימֶנּוּ בֵּן — תֹּאכַל בִּתְרוּמָה. נִיסֵּת לְלֵוִי — תֹּאכַל בְּמַעֲשֵׂר. מֵת וְלָהּ הֵימֶנּוּ בֵּן — תֹּאכַל בְּמַעֲשֵׂר. נִיסֵּת לְיִשְׂרָאֵל — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר. מֵת וְלָהּ הֵימֶנּוּ בֵּן — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר.

MISHNA: An Israelite woman married to a priest may partake of teruma. If the priest died and she had a child from him, she may continue to partake of teruma. If she subsequently married a Levite, she may no longer partake of teruma but she may partake of the first tithe on his account. If he, too, died and she had a child from him, she may continue to partake of tithe on account of the child. If she then married an Israelite, she may partake of neither teruma nor tithe. If her Israelite husband died and she had a child from him, she still may partake of neither teruma nor tithe.

מֵת בְּנָהּ מִיִּשְׂרָאֵל — תֹּאכַל בְּמַעֲשֵׂר. מֵת בְּנָהּ מִלֵּוִי — תֹּאכַל בִּתְרוּמָה. מֵת בְּנָהּ מִכֹּהֵן — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר.

If her child from the Israelite also died, while her son from the Levite remained alive, she may partake of tithe on account of the Levite’s child. If her child from the Levite died, leaving her with a son from the priest, she may once again partake of teruma. If her child from the priest died as well, she may no longer partake of either teruma or tithe.

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In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

I started at the beginning of this cycle. No 1 reason, but here’s 5.
In 2019 I read about the upcoming siyum hashas.
There was a sermon at shul about how anyone can learn Talmud.
Talmud references come up when I am studying. I wanted to know more.
Yentl was on telly. Not a great movie but it’s about studying Talmud.
I went to the Hadran website: A new cycle is starting. I’m gonna do this

Denise Neapolitan
Denise Neapolitan

Cambridge, United Kingdom

I learned Talmud as a student in Yeshivat Ramaz and felt at the time that Talmud wasn’t for me. After reading Ilana Kurshan’s book I was intrigued and after watching the great siyum in Yerushalayim it ignited the spark to begin this journey. It has been a transformative life experience for me as a wife, mother, Savta and member of Klal Yisrael.
Elana Storch
Elana Storch

Phoenix, Arizona, United States

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, Israel

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

Yevamot 86

תְּרוּמָה לְכֹהֵן, וּמַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה מַתִּירוֹ לְכֹהֵן. מַתִּירוֹ?! מִכְּלָל דְּאִיכָּא מַאן דְּאָסַר? אֶלָּא אֵימָא: נוֹתְנוֹ אַף לְכֹהֵן.

Teruma is for a priest and the first tithe is for a Levite; this is the statement of Rabbi Meir. Rabbi Elazar ben Azarya permits it, i.e., the first tithe, to a priest, as he too is from the tribe of Levi. The Gemara is puzzled by this last statement: It says: Permits it. Does this prove by inference that there is one tanna that prohibits a priest from partaking of tithes? But a priest is also a Levite and cannot be considered a foreigner. Rather, say that Rabbi Elazar ben Azarya meant that one may give it even to a priest. The tithe does not have to be handed to a Levite; one may choose to give it to a priest instead.

מַאי טַעְמָא דְּרַבִּי מֵאִיר? אָמַר רַב אַחָא בְּרֵיהּ דְּרַבָּה מִשְּׁמֵיהּ דִּגְמָרָא: ״כִּי אֶת מַעְשַׂר בְּנֵי יִשְׂרָאֵל אֲשֶׁר יָרִימוּ לַה׳ תְּרוּמָה״. מָה תְּרוּמָה אֲסוּרָה לְזָרִים, אַף מַעֲשֵׂר רִאשׁוֹן אָסוּר לְזָרִים. אִי מָה תְּרוּמָה חַיָּיבִין עָלָיו מִיתָה וָחוֹמֶשׁ — אַף מַעֲשֵׂר חַיָּיבִין עָלָיו מִיתָה וָחוֹמֶשׁ?

The Gemara inquires: What is the reason for Rabbi Meir’s opinion? Rav Aḥa, son of Rabba, said in the name of tradition that the verse states: “For the tithe of the children of Israel that they set apart as a teruma to the Lord, I have given to the Levites for an inheritance” (Numbers 18:24). From the fact that this verse calls the tithe “teruma,” we learn: Just as teruma is forbidden to foreigners, so too is the first tithe forbidden to foreigners, i.e., non-Levites. The Gemara asks: If so, is it true that just as with teruma, a foreigner who eats it is liable to receive the punishment of death at the hand of Heaven and to pay the additional fifth for it, so too, with regard to tithes, a foreigner who eats it should be liable for it to receive the punishment of death at the hand of Heaven and to pay the additional fifth?

אָמַר קְרָא: ״וּמֵתוּ בוֹ כִּי יְחַלְּלֻהוּ״, ״וְיָסַף חֲמִישִׁיתוֹ עָלָיו״. ״בּוֹ״ — וְלֹא בְּמַעֲשֵׂר, ״עָלָיו״ — וְלֹא עַל מַעֲשֵׂר. וְרַבָּנַן, מָה תְּרוּמָה טוֹבֶלֶת, אַף מַעֲשֵׂר רִאשׁוֹן נָמֵי טוֹבֵל.

The Gemara answers that the verse states: “They will die through it if they profane it” (Leviticus 22:9), and a different verse states: “Then he shall add the fifth part thereof unto it” (Leviticus 22:14). A close reading of these verses shows that the Torah is emphasizing that the death penalty comes through it, teruma, and not through tithes, and that a fifth must be added to it, but not to tithes. The Gemara asks: And the Rabbis, who disagree with Rabbi Meir, how do they account for the comparison in the above verse? The Gemara answers: They would say it teaches that just as the requirement to separate teruma produces the status of forbidden untithed produce, so too the requirement to separate the first tithe also produces the status of forbidden untithed produce.

וְכִדְתַנְיָא, רַבִּי יוֹסֵי אוֹמֵר: יָכוֹל לֹא יְהֵא חַיָּיב אֶלָּא עַל טֶבֶל שֶׁלֹּא הוּרַם מִמֶּנּוּ כׇּל עִיקָּר. הוּרַם מִמֶּנּוּ תְּרוּמָה גְּדוֹלָה וְלֹא הוּרַם מִמֶּנּוּ מַעֲשֵׂר רִאשׁוֹן מַעֲשֵׂר רִאשׁוֹן וְלֹא מַעֲשֵׂר שֵׁנִי, וַאֲפִילּוּ מַעְשַׂר עָנִי, מִנַּיִן?

And this is as it is taught in a baraita: Rabbi Yosei says: One might have thought a person should be liable only for untithed produce from which no terumot or tithes have been separated at all, but if the great teruma has been separated from it and the first tithe has not been separated from it; or if the first tithe has been separated from it and the second tithe has not; or even if the poor man’s tithe, which is merely given to the poor and has no sanctity, has not been separated, from where is it derived that such produce also has the status of untithed produce?

תַּלְמוּד לוֹמַר: ״לֹא תוּכַל לֶאֱכוֹל בִּשְׁעָרֶיךָ״, וּלְהַלָּן הוּא אוֹמֵר: ״וְאָכְלוּ בִשְׁעָרֶיךָ וְשָׂבֵעוּ״. מָה ״שְׁעָרֶיךָ״ הָאָמוּר לְהַלָּן — מַעְשַׂר עָנִי, אַף ״שְׁעָרֶיךָ״ הָאָמוּר כָּאן — מַעְשַׂר עָנִי, וְאָמַר רַחֲמָנָא ״לֹא תוּכַל״.

The verse states: “You may not eat within your gates the tithe of your grain” (Deuteronomy 12:17), and below, with regard to the poor man’s tithe, it states: “That they may eat within your gates and be satisfied” (Deuteronomy 26:12). Just as “your gates” stated below is referring to the poor man’s tithe, so too “your gates” stated here is referring to the poor man’s tithe, and the Merciful One states in the Torah “you may not eat,” implying that it may be eaten only after separation.

וְאִי מֵהָתָם, הֲוָה אָמֵינָא לְלָאו, אֲבָל מִיתָה — לָא, קָא מַשְׁמַע לַן.

And if we had learned it only from there, I would say that it merely teaches a prohibition against partaking of untithed produce of this type, but the death penalty is not warranted. The comparison to teruma consequently teaches us that eating this type of untithed produce is also punishable by death at the hand of Heaven.

לִישָּׁנָא אַחֲרִינָא: מַעֲשֵׂר רִאשׁוֹן דְּטָבֵיל, מִדְּרַבִּי יוֹסֵי נָפְקָא! אִי מֵהַהִיא, הֲוָה אָמֵינָא לְלָאו, אֲבָל מִיתָה — לָא, קָא מַשְׁמַע לַן.

A different version of this discussion presents it in the form of a question: Isn’t it the case that the halakha that failure to separate the first tithe creates the status of untithed produce is derived from the halakha that Rabbi Yosei taught? If so, there is no need for the exposition of the verse referring to tithes as teruma. The Gemara answers: If the proof was from that source alone, I would say that it is only prohibited by a prohibition but the death penalty is not warranted. He therefore teaches us that all the stringencies of untithed produce are in force.

בְּמַאי אוֹקֵימְתַּהּ — כְּרַבִּי מֵאִיר, אֵימָא סֵיפָא: בַּת לֵוִי מְאוֹרֶסֶת לְכֹהֵן, וּבַת כֹּהֵן לְלֵוִי — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר, הָכָא מַאי זָרוּת אִיכָּא! אָמַר רַב שֵׁשֶׁת: מַאי ״אֵינָהּ אוֹכֶלֶת״ דְּקָתָנֵי — אֵינָהּ נוֹתֶנֶת רְשׁוּת לִתְרוֹם.

§ The Gemara asks: In what manner did you establish the mishna? In accordance with the opinion of Rabbi Meir. But if so, say the latter clause: The daughter of a Levite betrothed to a priest and the daughter of a priest betrothed to a Levite may eat neither teruma nor tithe. Here, what foreignness is there that prohibits her from partaking of the tithe? Even according to the opinion that prohibits the first tithe to foreigners, this woman is a Levite on both sides. Rav Sheshet said: What is the meaning of: She may not eat, that the mishna teaches? It means that she may not give permission to others to separate the teruma from the tithe. As long as she is merely betrothed to a Levite, she may not appoint a messenger to set aside the teruma from the tithe on behalf of the Levite, as she is not yet his wife.

מִכְלָל דִּנְשׂוּאָה נוֹתֶנֶת רְשׁוּת? אִין, וְהָתַנְיָא: ״וַאֲכַלְתֶּם אוֹתוֹ בְּכׇל מָקוֹם אַתֶּם וּבֵיתְכֶם״ — לִימֵּד עַל נְשׂוּאָה בַּת יִשְׂרָאֵל שֶׁנּוֹתֶנֶת רְשׁוּת לִתְרוֹם.

The Gemara asks: Is it to be concluded by inference that a married woman may give permission to separate teruma from the tithe? The Gemara answers: Yes, and isn’t it taught: “And you may eat it in any place, you and your households” (Numbers 18:31)? This teaches that an Israelite woman married to a Levite may give permission to another to separate teruma from the Levite’s tithe.

אַתָּה אוֹמֵר רְשׁוּת לִתְרוֹם, אוֹ אֵינוֹ אֶלָּא לֶאֱכוֹל? אָמְרַתְּ: תְּרוּמָה חֲמוּרָה אוֹכֶלֶת, מַעֲשֵׂר הַקַּל לֹא כׇּל שֶׁכֵּן?! אֶלָּא לִימֵּד עַל נְשׂוּאָה בַּת יִשְׂרָאֵל שֶׁנּוֹתֶנֶת רְשׁוּת לִתְרוֹם.

The baraita continues to discuss this halakha: Do you say she may give permission to separate teruma from the tithe, or perhaps it is only referring to eating? Say in response: If an Israelite woman married to a priest may partake of teruma, which is stringent, is it not all the more so true for tithe, which is lenient? Consequently, there is no need to teach us this halakha. Rather, the verse teaches that an Israelite woman married to a Levite may give permission to another to separate teruma from the tithe.

מָר בְּרֵיהּ דְּרַבְנָא אָמַר: לוֹמַר שֶׁאֵין חוֹלְקִין לָהּ מַעֲשֵׂר בְּבֵית הַגְּרָנוֹת. הָנִיחָא לְמַאן דְּאָמַר מִשּׁוּם יִיחוּד, אֶלָּא לְמַאן דְּאָמַר מִשּׁוּם גְּרוּשָׁה, גְּרוּשָׁה בַּת לֵוִי מִי לָא אָכְלָה בְּמַעֲשֵׂר?!

Mar, son of Rabbana, said: The mishna is not teaching that the daughter of a Levite who was betrothed to a priest may not partake of tithe, but rather it is coming to say that we do not distribute tithe to her in the granary. The Gemara asks: This works out well according to the one who says that the reason for the decree against distributing teruma to a woman in the granary is due to the prohibition (Yevamot 100a) against a woman being alone with a strange man in the granary, which is a secluded place, as this concern applies equally to the case here. But according to the one who says that the Sages prohibited this practice due to concern that the woman might be a divorcée, who is no longer entitled to teruma, this concern should not apply to the daughter of a Levite. Does she not partake of tithe on her own account, even after she is divorced?

וְלִיטַעְמָיךְ, גְּרוּשָׁה בַּת כֹּהֵן מִי לָא אָכְלָה בִּתְרוּמָה? אֶלָּא גְּזֵירָה מִשּׁוּם גְּרוּשָׁה בַּת יִשְׂרָאֵל.

The Gemara refutes this argument: And according to your reasoning that rejects the explanation of Mar, son of Rabbana, with regard to the daughter of a Levite, does a divorcée who is the daughter of a priest not partake of teruma? Why should the daughter of a priest married to a priest not receive teruma in a granary? Rather, this is a rabbinic decree that was enacted primarily due to a priest’s divorcée who is the daughter of a non-priest, as she may no longer partake of teruma after her divorce. They also applied this decree to the daughter of a priest divorced from a priest. For this reason, they also decreed against a Levite woman receiving a portion in the granary.

אִי הָכִי, מַאי אִירְיָא מְאוֹרֶסֶת? אֲפִילּוּ נְשׂוּאָה נָמֵי! אַיְּידֵי דִּתְנָא רֵישָׁא מְאוֹרֶסֶת, תְּנָא נָמֵי סֵיפָא מְאוֹרֶסֶת.

The Gemara raises a difficulty: If so, why specifically one who was betrothed; the same would hold true even for a married woman as well. The Gemara answers: There is no difference between them in this regard, but since the tanna taught in the first clause of the mishna: Betrothed, he also taught in the latter clause: Betrothed, although the halakha in the latter clause does not apply exclusively to a betrothed woman.

תָּנוּ רַבָּנַן: תְּרוּמָה לְכֹהֵן, וּמַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר:

§ The Sages taught: Teruma is given to a priest, and the first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says:

לְכֹהֵן. לְכֹהֵן וְלֹא לְלֵוִי? אֵימָא אַף לְכֹהֵן. מַאי טַעְמָא דְּרַבִּי עֲקִיבָא — דִּכְתִיב: ״וְאֶל הַלְוִיִּם תְּדַבֵּר וְאָמַרְתָּ אֲלֵיהֶם״, בִּלְוִיִּם קָא מִשְׁתַּעֵי קְרָא. וְאִידַּךְ כִּדְרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי, דְּאָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: בְּעֶשְׂרִים וְאַרְבָּעָה מְקוֹמוֹת נִקְרְאוּ כֹּהֲנִים לְוִיִּם, וְזֶה אֶחָד מֵהֶם: ״וְהַכֹּהֲנִים הַלְוִיִּם בְּנֵי צָדוֹק״.

The first tithe is given to a priest. The Gemara is puzzled: To a priest and not to a Levite? But the Torah expressly states that the first tithe is for Levites. The Gemara answers: Say he means it can be given also to a priest. The Gemara clarifies: What is the reason for Rabbi Akiva’s opinion? As it is written: “You shall speak to the Levites, and you shall say to them” (Numbers 18:26). Clearly, the verse speaks of Levites, not priests. And the other tanna, Rabbi Eliezer, maintains in accordance with the opinion of Rabbi Yehoshua ben Levi, as Rabbi Yehoshua ben Levi said: In twenty-four places in the Bible the priests are called Levites. And this is one of those verses: “And the priests the Levites, the sons of Zadok” (Ezekiel 44:15).

וְרַבִּי עֲקִיבָא, הָכָא לָא מָצֵית אָמְרַתְּ, דִּכְתִיב: ״וַאֲכַלְתֶּם אוֹתוֹ בְּכׇל מָקוֹם״, מִי שֶׁיָּכוֹל לְאוֹכְלוֹ בְּכׇל מָקוֹם. יָצָא כֹּהֵן, שֶׁאֵין יָכוֹל לְאוֹכְלוֹ בְּבֵית הַקְּבָרוֹת. וְאִידַּךְ? כֹּל הֵיכָא דְּבָעֵי — דְּלָא בָּעֵי חוֹמָה, וְאִי אָכֵיל לֵיהּ בְּטוּמְאַת הַגּוּף — לָא לָקֵי.

And Rabbi Akiva replies: Here you cannot say the verse is referring to priests, as it is written: “And you may eat it in any place” (Numbers 18:31), from which we learn that the tithe is given to one who can eat it in any place. This excludes a priest, who cannot eat it in a cemetery, as he is prohibited from entering such a place. Consequently, the verse cannot be referring to priests. And the other Sage, Rabbi Eliezer, how does he respond to this claim? He explains the verse as follows: He may eat it anywhere that he wishes, that is, in any city, as it does not require the wall of Jerusalem, like the second tithe. And we further learn from here that if he eats it in a state of bodily impurity he is not flogged. Consequently, we can say that tithe may be eaten by priests in any place.

הָהִיא גִּינְּתָא דַּהֲוָה שָׁקֵיל רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה מַעֲשֵׂר רִאשׁוֹן מִינַּהּ. אֲזַל רַבִּי עֲקִיבָא אַהְדְּרֵיהּ לְפִתְחָא לְבֵי קִבְרֵי. אֲמַר: עֲקִיבָא בְּתַרְמִילוֹ, וַאֲנָא חָיֵי?

The Gemara relates: There was a certain garden from which Rabbi Elazar ben Azarya, a priest, would take the first tithe, in accordance with his opinion that priests are also entitled to this tithe. Rabbi Akiva went, closed up the garden, and changed its entrance so that it would be facing toward the cemetery, to prevent Rabbi Elazar ben Azarya from entering the garden. Rabbi Elazar said in the form of a lighthearted exaggeration: Akiva, a former shepherd, comes with his satchel, but I have to live; from where will I receive my livelihood if I cannot claim the first tithe? Rabbi Elazar was actually a very wealthy man and did not need the produce from this garden. However, his point was that Rabbi Akiva acted in order to stop him from receiving something that he felt was rightfully his.

אִיתְּמַר, מִפְּנֵי מָה קָנְסוּ לְוִיִּם בְּמַעֲשֵׂר? פְּלִיגִי בַּהּ רַבִּי יוֹנָתָן וְסָבַיָּא. חַד אָמַר: שֶׁלֹּא עָלוּ בִּימֵי עֶזְרָא. וְחַד אָמַר: כְּדֵי שֶׁיִּסְמְכוּ כֹּהֲנִים עָלָיו בִּימֵי טוּמְאָתָן.

§ It was stated that amora’im disagreed about the following question: For what reason did the Sages penalize the Levites with regard to their tithe, by declaring that it may be given to priests as well? Rabbi Yonatan and the Elders who were with him disagree with regard to this matter. One said it was because they did not ascend, i.e., immigrate to the land of Israel, in the days of Ezra. And one said that it was not a penalty at all, but they gave the first tithe to the priests so that they could rely on it during their days of impurity. Because it is prohibited for priests to consume teruma while in a state of impurity, they would have had nothing to eat if they were dependent exclusively on teruma. It is permitted, however, to eat the tithe while impure.

בִּשְׁלָמָא לְמַאן דְּאָמַר שֶׁלֹּא עָלוּ — מִשּׁוּם הָכִי קַנְסִינְהוּ. אֶלָּא לְמַאן דְּאָמַר כְּדֵי שֶׁיִּסְמְכוּ עָלָיו כֹּהֲנִים בִּימֵי טוּמְאָתָן — מִשּׁוּם כֹּהֲנִים קַנְסִינְהוּ לַלְוִיִּם?! אֶלָּא כּוּלֵּי עָלְמָא קְנָסָא שֶׁלֹּא עָלוּ בִּימֵי עֶזְרָא. וְהָכָא בְּהָא קָמִיפַּלְגִי: מָר סָבַר: קְנָסָא לַעֲנִיִּים, וּמָר סָבַר: כֹּהֲנִים בִּימֵי טוּמְאָתָן — עֲנִיִּים נִינְהוּ.

The Gemara asks: Granted, according to the one who says it was because they did not ascend, we can understand that due to that reason they penalized the Levites by forcing them to share their tithe with the priests. But according to the one who says it was done so that the priests could rely on it during their days of impurity, should we penalize the Levites for the benefit of priests? Rather, everyone agrees that it was a penalty for the fact that they did not ascend in the days of Ezra, and here they disagree about this: One Sage holds that the penalty is that the tithe must be given to the poor, and one Sage holds that priests are classified as poor in the days of their impurity.

בִּשְׁלָמָא לְמַאן דְּאָמַר קְנָסָא לַעֲנִיִּים — מִשּׁוּם הָכִי אַהְדְּרֵיהּ רַבִּי עֲקִיבָא לְפִתְחָא לְבֵי קִבְרֵי. אֶלָּא לְמַאן דְּאָמַר לְכֹהֲנִים, אַמַּאי אַהְדְּרֵיהּ לְפִתְחָא לְבֵי קִבְרֵי? הָכִי קָאָמַר לֵיהּ: אִי דְּקָא אָתֵית בְּתוֹרַת קְנָסָא — אִית לָךְ, וְאִי קָא אָתֵית בְּתוֹרַת חֲלוּקָּה — לֵית לָךְ.

The Gemara asks: Granted, according to the one who says that the penalty imposed on the Levites is that the tithe must be given to the poor, due to that reason Rabbi Akiva changed the garden entrance so that it would be facing toward the cemetery, as Rabbi Elazar ben Azarya was a wealthy man. But according to the one who says the tithe was given to the priests, why did he change the entrance so that it would be toward the cemetery? The Gemara answers: This is what he said to him, i.e., this is what he meant: If you come to receive the tithe by virtue of the penalty imposed on the Levites, you may have it, but if you come by the standard halakha of distribution, demanding your share with the Levites, you may not have the tithe. If the owner of the garden chooses to give it to you, you may accept it, but you may not take it yourself.

וּמְנָא לַן דְּלָא סְלִיקוּ בִּימֵי עֶזְרָא? דִּכְתִיב: ״וָאֶקְבְּצֵם אֶל הַנָּהָר הַבָּא עַל אַהֲוָא וַנַּחֲנֶה שָׁם יָמִים שְׁלֹשָׁה וָאָבִינָה בָעָם וּבַכֹּהֲנִים וּמִבְּנֵי לֵוִי לֹא מָצָאתִי שָׁם״. אָמַר רַב חִסְדָּא: בַּתְּחִלָּה לֹא הָיוּ מֵעֲמִידִים שׁוֹטְרִים אֶלָּא מִן הַלְוִיִּם, שֶׁנֶּאֱמַר: ״וְשׁוֹטְרִים הַלְוִיִּם לִפְנֵיכֶם״, עַכְשָׁיו אֵין מַעֲמִידִין שׁוֹטְרִים אֶלָּא מִיִּשְׂרָאֵל, שֶׁנֶּאֱמַר: ״וְשׁוֹטְרִים הָרַבִּים בְּרָאשֵׁיכֶם״.

The Gemara asks with regard to the penalty imposed on Levites: And from where do we derive that the Levites did not ascend in the days of Ezra? As it is written: “And I gathered them together to the river that runs to Ahava; and we encamped there for three days; and I viewed the people, and the priests, and found there none of the sons of Levi (Ezra 8:15). With regard to this, Rav Ḥisda said: Initially they would establish officers over the people only from among the Levites, as it states: “And the officers, the Levites, before you” (II Chronicles 19:11), but now they establish officers only from among the Israelites, as it is stated: And the officers of the many at your heads. This indicates that officers were appointed from: The many, meaning the largest group, ordinary Israelites.

מַתְנִי׳ בַּת יִשְׂרָאֵל שֶׁנִּיסֵּת לְכֹהֵן — תֹּאכַל בִּתְרוּמָה. מֵת וְלָהּ הֵימֶנּוּ בֵּן — תֹּאכַל בִּתְרוּמָה. נִיסֵּת לְלֵוִי — תֹּאכַל בְּמַעֲשֵׂר. מֵת וְלָהּ הֵימֶנּוּ בֵּן — תֹּאכַל בְּמַעֲשֵׂר. נִיסֵּת לְיִשְׂרָאֵל — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר. מֵת וְלָהּ הֵימֶנּוּ בֵּן — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר.

MISHNA: An Israelite woman married to a priest may partake of teruma. If the priest died and she had a child from him, she may continue to partake of teruma. If she subsequently married a Levite, she may no longer partake of teruma but she may partake of the first tithe on his account. If he, too, died and she had a child from him, she may continue to partake of tithe on account of the child. If she then married an Israelite, she may partake of neither teruma nor tithe. If her Israelite husband died and she had a child from him, she still may partake of neither teruma nor tithe.

מֵת בְּנָהּ מִיִּשְׂרָאֵל — תֹּאכַל בְּמַעֲשֵׂר. מֵת בְּנָהּ מִלֵּוִי — תֹּאכַל בִּתְרוּמָה. מֵת בְּנָהּ מִכֹּהֵן — לֹא תֹּאכַל לֹא בִּתְרוּמָה וְלֹא בְּמַעֲשֵׂר.

If her child from the Israelite also died, while her son from the Levite remained alive, she may partake of tithe on account of the Levite’s child. If her child from the Levite died, leaving her with a son from the priest, she may once again partake of teruma. If her child from the priest died as well, she may no longer partake of either teruma or tithe.

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