Sunday, March 26, 2006

Tovas hana'ah mamon and tashbisu (I)

The Sha'agas Arye (#77), in the middle of the discussion of tashbisu mentioned last post, asks what he calls a "kusya atzuma", a great question. The Mishna in Pesachim (46) records a machlokes R' Eliezer and R' Yosi regarding what to do with dough which became tamei on Y"T before hafrashas challah - baking challah is not tzorech ochel nefesh because it cannot be eaten, but just leaving the dough will cause it to turn into chameitz. R' Eliezer says to bake all the dough into matzah before desiginating the loaf for challah until after the baking - since each loaf is potentially usable, that is permissable cooking. R' Yosi argues and says even if it turns into chameitz, one does not violate bal yera'ah for challah. The essential point of the machlokes if whether "tovas hana'ah mamon" - does the right to give the challah to one's desginated kohein count as a right of ownership? R' Eliezer holds tovas hana'ah mamon and therefore one would in theory violate bal yera'ah on challah; R' Yosi hold "tovas han'ah aina mamom" and one has no responsibility for that chameitz (this is a greatly simplified reading of the gemara, ayen sham).
The Sha'agas Arye quotes the gemara in B.M. (10) which indicates that R' Gamliel distributed his ma'aser ani and terumos via a kinyan agav, and that Mishna tells us that R' Yosi acted in the same way. The gemara rejects the hava amina that "tovas hana'ah aino mamon l'kinos b'chalipin" or with a kinyan agav - meaning, R' Gamliel and R' Yosi both hold "tovas hana'ah mamon" and therefore kinyanim can be made on the distribution of terumos and ma'asros. Here R' Yosi holds "tovas hana'ah mamon"; in Pesachim he holds "aino mamon"!?
Stay tuned...