A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Temurah 4A - 4B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
March 14, 2008
Duration
47:01

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The audio series of the Talmud Bavli, specifically the Masechet Temurah, has been dedicated by our good friend Rabbi Shlomo Ben Shmuel for the success of himself and his wife Simcha Bat Bahira, that she should give birth at a good and auspicious time. Furthermore, we pray for the success of his dear sons Shmuel Avraham and Shaul Ben Simcha, that they should all grow in Torah, mitzvot, chuppah, and good deeds. Amen. Today's daf is studied for the elevation of the souls of Avram Ben Esther and Rabbi Yosef Ben Sabut, may their souls be bound in the bond of life. Amen.

We begin today's daf on Daf Daled, Amud Rishon, starting with the two dots. The text states, "Mishum Rabbi Yosei veRabbi Chanina amru af hamakdim terumah l'bikurim." This refers to cases where one performs an act that is a prohibition without a tangible action, yet the individual still incurs punishment. Rabbi Yosei and Rabbi Chanina teach that if one prioritizes the giving of terumah before bikurim, he has violated a prohibition. The Torah outlines that bikurim must be given first, followed by terumot and maasrot. If one does the opposite, it constitutes a lo ta'aseh, a prohibition, and even though it appears to be a lav she'ein bo maaseh, one is still liable to receive malkus.

The Gemara continues by questioning the rationale behind Rabbi Yosei and Rabbi Chanina's ruling. They cite the verse, "Meleatcha vedimachah lo te'acher," which translates to "Your full harvest and your tears shall not be delayed." The term "full" refers to bikurim, while "tears" refers to terumah. The Torah instructs not to delay the giving of these offerings, emphasizing the importance of their proper order. Rashi explains that once the wheat is fully ripened, the obligation for bikurim arises immediately.

The Gemara poses a question regarding the classification of this prohibition as a lav she'ein bo maaseh. The reasoning is that while taking terumah can occur through thought alone, thus lacking a physical action, the individual still incurs malkus for the transgression. The Gemara states, "Itmar: Hikdim terumah l'bikurim." Rabbi Elazar and Rabbi Yosei bar Chanina are in disagreement; one says the individual receives malkus, while the other says he does not. The conclusion drawn is that Rabbi Yosei bar Chanina is the one who asserts that one receives malkus for this violation.

Further analysis reveals that Rabbi Elazar also holds that one incurs malkus for placing terumah before bikurim. The Mishna states that if one has two baskets of tevel, meaning produce from which terumot and maasrot have not been separated, and he states that the maaser from one basket will cover the other, the first basket is considered ma'aser. However, if he attempts to transfer the maaser from the second basket to the first, it is ineffective because the first basket is already deemed exempt from maasrot.

Rashi clarifies that even if one intends to separate maaser from one basket to cover another, it is only valid for the first transfer. The second transfer does not work because the first basket has already been designated as exempt. The Gemara continues with a discussion about the implications of separating maasrot from tevel and the order in which they must be given. Rabbi Elazar asserts that if one separates maaser sheni before maaser rishon from the other basket, he incurs malkus for this reversal, reinforcing the necessity of following the correct order.

The Gemara then analyzes the verse, "Meleatcha vedimachah lo te'acher," which applies to both bikurim and terumah, indicating that one cannot delay the giving of either. Rabbi Elazar emphasizes the importance of adhering to this order, stating that if one does not, he will receive malkus. Rabbi Yosei bar Chanina argues that this prohibition is classified as a lav she'ein bo maaseh, thus one does not receive malkus for such a violation.

In conclusion, the Gemara draws distinctions between various cases of prohibitions and their consequences, particularly focusing on the necessity of maintaining the correct order when giving offerings. The discussion highlights the nuances of halachic rulings and the importance of understanding the implications of one's actions in the context of Torah law.