Saving the Whales

by: Reb Avi Lebovitz

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The Gemora suggests a kal vachomer that would result in their being a mitzvah of preserving the life of animals. Although one may have a mitzvah to feed his own animals, the Gemora concludes that there is surely no mitzvah to support the animal (when it is no longer profitable), and certainly one is not obligated to support animals that are not his.

The Tosfos HaRosh asks in the name of Rabbeinu Meir: Why would we have thought differently? There should be an obvious challenge to this kal vachomer from the fact that one is not allowed to slaughter people, but may slaughter animals - this obviously shows that there isn’t any mitzvah to preserve the life of animals!?

The Tosfos HaRosh responds to this question by saying that we would have thought that this mitzvah would apply to animals that one is not allowed to slaughter, such as a bechor that is intermingled with an ox that is destined to be stoned (shor haniskal).

Aside from the actual question of the Tosfos HaRosh, the entire thought that one would be obligated to support animals and help them survive seems a little strange. Especially since in the end, the mitzvah of preserving a life only applies to a Jew and not to an idolater!?

The Biur Halachah (330:2) writes that one is obligated to help a ger toshav woman give birth because on a ger toshav, there is a mitzvah to preserve their life. He entertains the possibility that the Jew can even violate a Rabbinic prohibition to help the ger toshav give birth because when there is a mitzvah to preserve a life, the Rabbis did not issue their decrees. Based on this application of the mitzvah to preserve a life, the mitzvah goes beyond tzedakah; it compels one to actually take care of others and help them through physically challenging circumstances.

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Ma'aser on Purchased Produce

by: Reb Avi Lebovitz

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There is a fundamental argument between Rabbeinu Tam and Rivam quoted by Tosfos regarding the exemption from ma’aser on produce that Reuven sold to Shimon.

Rabbeinu Tam holds that if Reuven processed the produce prior to selling and it became obligated in ma’aser and assumes a status of tevel, by selling it to Shimon, the tevel status is removed and it is exempt once again. But if Reuven never processed it, when Shimon does the processing, he will be Biblically obligated in ma’aser because it is considered his own produce.

Rivam says exactly the opposite. If Reuven processed the produce prior to selling it, since it has become obligated in ma’aser and assumes a status of tevel, this status cannot be removed. Therefore, when he sells it to Shimon, Shimon will have a Biblical obligation to separate ma’aser. But if Reuven sold it to Shimon prior to processing it and it was processed in the home of Shimon, then it is not subject to a ma’aser obligation.

When the produce was grown by an idolater (assuming his acquisition in Eretz Yisroel will not remove the ma’aser obligation), the Gemora says in Bechoros (11b) that if the idolater processed them and then sold them to a Jew, they are exempt from ma’aser, but if the Jew processed them, they are obligated.

Rabbeinu Tam holds that if the produce was processed by the original farmer, it makes no difference if he were a Jew or an idolater, the buyer would be exempt. But, if they weren’t processed by the original farmer, the buyer would be obligated.

The Rivam holds that when the original farmer was an idolater, the halachah is exactly the opposite from when the original farmer would be a Jew. An idolater farmer who processes and sells would be exempt since it was processed by the idolater and it will remain exempt even after it is sold. But if an idolater farmer didn’t process it, it is not considered his at all, so that when he sells it to the Jew and the Jew processes it, it is obligated.

The greatest difficulty with Rabbeinu Tam is that produce that is tevel can be sold and revert back to being exempt from ma’aser (and then if sold back to Reuven would revert back to being obligated in ma’aser)! The greatest difficulty in the Rivam is that produce of an idolater is not considered to be his unless he processed it, so that if sold to a Jew, it is as if the Jew grew it himself and is obligated in ma’aser.

Another hybrid approach (possible Reb Chaim’s explanation in a Rambam) is that it is not dependent on who processed it, but rather what the intent was when it was processed. If Reuven processed it for personal use and it becomes obligated, nothing can remove that status of tevel (like the Rivam). If Reuven did not process it; rather he sold it to Shimon who processed it, then it is also obligated (like Rabbeinu Tam). Only if Reueven processed it with the intent of selling it to Shimon, it will be exempt.

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