Maaser Sheni, Chapter Three, Mishnah Twelve

 

Introduction

This mishnah deals with jars that contain maaser sheni wine. The question is: do the jars become sanctified with the sanctity of maaser sheni?

 

Maaser Sheni

1)      One who lends jars for maaser sheni [wine], even if they were corked, they do not acquire [the sanctity of] maaser sheni.  

2)      If wine was poured into them without specifying [that it was for sale] they do not acquire [the sanctity of] maaser sheni before they are corked, but after they are corked they acquire [the sanctity of] maaser sheni.

3)      Before they are corked they are neutralized in a hundred and one, but after they are corked they sanctify any quantity.  

4)      Before they are corked terumah may be taken from one jar for all the others, but after they are corked terumah must be taken from each jar separately.

 

Explanation

Section one: If one is selling maaser sheni wine in Jerusalem, and he lends his customers the wine, then the jars do acquire the sanctity of maaser sheni because they weren’t sold—only the wine was being sold.

Section two: A person took untithed wine out of a vat and poured it into jars without having the specific intention that he was going to sell the wine. If he makes the wine in it maaser sheni before he corks the jar, then the jar does not become maaser sheni. However, it he calls it maaser sheni after he has corked the jars, then the jars do become maaser sheni, because they are secondary to the wine. He will have to sell the jars in Jerusalem, and then use the proceeds to buy food and eat it there.

Section three: The following two sections do not deal with maaser sheni, but rather with various laws that are concerned with corked and uncorked jars. If one of the jars was terumah but it is unknown which jar was terumah, then if there are 100 jars of non-terumah and one of terumah, the terumah one is nullified. He may then take any one jar, call it terumah and the rest reverts to being hullin. This is the normal way that terumah is nullified (a good refresher on a large portion of what we learned in tractate Terumot). This is possible only if the jars were uncorked. Once they are corked, each jar becomes significant in its own right and it cannot be nullified. No matter how many jars are there, they are all doubtful terumah and they all must be treated as doubtful terumah.

Section four: Before the jars are corked, they are considered a group, almost as if the wine is still in one vat. Therefore, terumah can be taken from one jar to exempt the wine found in other jars. However, once they are corked, each jar is considered its own separate entity, and terumah must be removed from each individual jar before it can be drunk.   

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