1. The gemara says that depending on how ma'aser ani is distributed, it may qualify as a "giving" in which case there would be a real value to the tovas hana'ah, or it may qualify as a "leaving" in which case there would not be any value. It would seemt that by teruma regardless of how it is distributed, whether it is given to a specific kohen or left for kohanim to take it, we regard it as "giving" and there is considered to be tovas hana'ah. It is only by ma'aser sheini where there is a special gezeiras hakasuv to redefine the nature of the gift, so that when it is left out in the goren for people to take it is not considered giving and there isn't any tovas hana'ah. But by teruma where we do not have a gezeiras hakasuv, it would always be considered a giving with tovas hana'ah and that is why the mishna says that when a specific kohen is mudar hana'ah from you, there is not way that he can take your teruma.
2. The Ran seems to explain the connection between whether something turns its mixture into tevel, and tovas hana'ah to be a gezeiras hakasuv. When the Torah recognizes the "ownership" value of tovas hana'ah, it does so in the context of teruma which before being separated creates tevel, but by something which is not tovel (such as ma'aser ani in the hava amina), the right to choose who it goes to is not regarded as a tovah hana'ah. Is this just a gezerias hakasuv, or is there some rationale why the tovas hana'ah should be linked to whether it creates tevel?
1 comment:
i learned differently on both accounts.
1) the right to choose who to give it to is the determining factor if you have tova hannah, therefor by truma since you have that choice you "own" it even if you choose to "leave" it, the receiver still is benefiting from something you "own".
and 2) the gzeiras hakasuv is connected to "harama" which is the right to choose who to give it to. what it has to do with tevel is very interesting point - it must have something to do with it, but i dont know what...
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