לעולם ר"מ והכא במאי עסקינן כגון דיהיב כשהוא סמדר ודלא כר' יוסי דאמר סמדר אסור מפני שהוא פרי
and he holds that unseparated gifts<span class="x" onmousemove="('comment',' 'Gifts' is the technical term for the priestly and Levitical dues, and here includes the second-tithe, though that belonged to the Israelite.');"><sup>23</sup></span> rank as unseparated.<span class="x" onmousemove="('comment',' There is an opposing view that they rank as already separated. According to that, if A gives B untithed corn (tebel) , what should be separated is already separated, and therefore since on the present hypothesis this agrees with R. Meir that second-tithe is sacred property and cannot be given away, the tithe in it remains A's. Hence it is explained that he holds that it ranks as unseparated and so it can be given to B together with the rest.');"><sup>24</sup></span> Come and hear: If one redeems his own fourth year plantings,<span class="x" onmousemove="('comment',' V. p. 273, n, 10.');"><sup>25</sup></span>
Tosefta Kiddushin
A man who betroths [a woman] with meat [from an animal designated for] tithe, even if after slaughter—she is not betrothed [since the met belongs to the Temple, it is not his to give her]. With its bones, its tendons, its horns, its hooves, its blood, its fat, its skin, its wool—she is betrothed [though the meat belongs to the Temple, the rest of the animal does not]. A [kohen] who betroths [a woman] with his priestly portion (see Ehrfurt manuscript and Mishnah Kiddushin 2:8)—whether it is of most holy sacrifices or less holy sacrifices—she is not betrothed. With hekdesh, if he [did this] intentionally [i.e. he knew it was hekdesh]—he betroths because he misappropriated [Temple property such that it now belongs to him but not the Temple]; if unintentionally—he did not misappropriate [and thus she is not betrothed since the item belonged to the Temple and not to him]—words of Rabbi Meir. Rabbi Yehudah says: If there is something worth a perutah in the profits [from the hekdesh item when he exchanged it with a priest, he owns these profits which is not true for the hekdesh item itself]—she is betrothed; but if not—she is not betrothed. Said Rabbi: I agree with the words of Rabbi Yehudah with hekdesh, but the words of Rabbi Meir with second tithe (see Mishnah Kiddushin 2:8).
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