Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Ma'aser 

Collections: Rabbi Berzon: Makkot 2014

Description

We will study of sugya of Maaser Ani which is to be given on the 3rd & 6th years of the Shmitta cycle. If one has not separated Maaser Ani, are his fruits Tevel such that eating from the fruits will incur a chiyuv Malkos, or even Misah Biydei Shamayim? An extension of this issue is the q' of דמאי, fruits which were purchased from an Am HaAretz and require Hafrasha MiSafek (out of doubt), does the buyer require Hafrashas Maaser Ani? It hinges on the definition of this Safek, is it a Safek Issur - resultant from the Issur Tevel? Or is it a Safek Mamon, i.e. does the buyer "owe" the poor 10% of the DeMai? If the latter is the case, then ספק ממון לקולא, and the burden of proof is on the Ani to prove that the seller did not remove Maaser Ani.