Mishneh Torah, Second Tithes and Fourth Year's Fruit 2-4

Sugya Map

• Issue: The legal status of Ma'aser Sheni (Second Tithe) in the post-Temple era and the "trapping" effect of Jerusalem's walls (kelitat mechitzot).
• Nafka Mina: Whether produce that entered Jerusalem as tevel (untithed) and was removed is permanently "trapped" and forbidden to be redeemed, forcing it to rot.
• Primary Sources: Deuteronomy 14:23-26, Mishneh Torah, Second Tithes 2:1-10, Makkot 19b.

Text Snapshot

Rambam Hilchot Ma'aser Sheni 2:10: "When produce for which the tasks... have been completed... is taken through Jerusalem and then removed, its owner cannot separate tithes from it... Instead, the second tithe... should be returned and eaten in Jerusalem."

• Leshon Nuance: The term "קלטן מחיצות" (absorbed by the partitions) implies a legal "capture" of holiness once the produce crosses the threshold, even if the tithe wasn't yet separated.

Readings

• Rambam: Jerusalem’s sanctity is eternal (Hilchot Beit HaBechirah 6:15). Once Ma'aser Sheni enters, it is "trapped"—the walls impart a mandate that cannot be bypassed via redemption.
• Ohr Sameach: Notes the Yerushalmi difficulty regarding whether this applies to tevel. He concludes that once the produce is "fit for tithing" (nikmar melachtan), it is legally considered as if the tithe were already separated, triggering the Jerusalem restriction even if the act of separation hasn't occurred.

Friction

• Kushya: If the prohibition of eating Ma'aser Sheni outside Jerusalem is Scriptural, how can the Rabbanan create a "trapping" rule that forces the destruction of food (letting it rot) when redemption is a valid Torah-level mechanism?
• Terutz: Rambam posits that the gezeirah of the walls functions as a "holy enclosure." Since the produce was brought into the city, the obligation to eat it there became "fixed" upon the substance. Redemption is a means to circumvent distance; it is not a "get-out-of-jail-free card" to undo the location-based sanctity once it has already been established.

Intertext

• Makkot 19b: Discusses the liability for eating Ma'aser Sheni outside the walls.
• Shulchan Aruch, Yoreh Deah 331:133: Codifies the requirement to discard the p'rutah (redemption coin) into the Mediterranean.

Psak / Practice

In the post-Temple era, one should avoid bringing tevel into the city limits of Jerusalem if that tevel is destined to be separated as Ma'aser Sheni. If one does, the produce is effectively "trapped." The standard practice is to separate terumot and ma'asrot outside the city limits to ensure the Ma'aser Sheni remains redeemable and does not become condemned to rot within the city.

Takeaway

Jerusalem is not just a place; it is a legal trap. Once you bring holy intent or potential holiness within the walls, you lose the ability to redefine it.