Mitzvah —
264
A mourner on the first day after death must not eat the Second Tithe
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לֹא־אָכַ֨לְתִּי בְאֹנִ֜י מִמֶּ֗נּוּ וְלֹא־בִעַ֤רְתִּי מִמֶּ֙נּוּ֙ בְּטָמֵ֔א וְלֹא־נָתַ֥תִּי מִמֶּ֖נּוּ לְמֵ֑ת שָׁמַ֗עְתִּי בְּקוֹל֙ יְהֹוָ֣ה אֱלֹהָ֔י עָשִׂ֕יתִי כְּכֹ֖ל אֲשֶׁ֥ר צִוִּיתָֽנִי׃ - פָּרָשַׁת כִּי־תָבוֹא
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Deuteronomy 26:14 - "I did not eat any of it [second tithe] while in my mourning, nor did I consume any of it while unclean; neither did I use any of it for the dead. I obeyed the Lord, my God; I did according to all that You commanded me."
This Mitzvah's Summary
מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Agriculture – חַקְלָאוּת
A mourner (onen) on the first day of bereavement may not eat from the Second Tithe.
This mitzvah prohibits an onen (a person who has lost an immediate relative and before burial) from eating Ma’aser Sheni. The Torah recognizes that holiness requires joy and focus, and mourning is incompatible with the sanctified eating of Hashem’s tithe.
The prohibition underscores the sensitivity of the Torah to human states: times of loss are respected, and one is exempt from rejoicing before Hashem until ready. This prevents desecration of sanctity by mixing grief with holy rejoicing.
Commentary & Classical Explanation:
- Rambam (Hilchot Ma’aser Sheni 2:9): Rules that an onen may not eat Ma’aser Sheni, since it must be eaten in a state of joy.
- Sefer HaChinuch (Mitzvah 610): Explains that the mitzvah refines us to honor sacred moments appropriately. Mixing mourning with holy rejoicing would dishonor the mitzvah.
- Talmud (Yevamot 73a): Derives the exclusion of an onen from the verse in Deuteronomy 26:14.
- Rashi (Deuteronomy 26:14): Notes that this declaration is part of the viduy ma’asrot, affirming careful observance of all tithing laws, including this one.
Commentaries
(Source: Chabad.org)
Applying this Mitzvah Today
Notes on this Mitzvah's Fundamentals
Faith – אֱמוּנָה
- Sefer HaChinuch (Mitzvah 610) explains that refraining from eating Ma’aser Sheni in mourning reinforces faith by recognizing that service of Hashem requires a state of joy and readiness. Mourning is a sacred human experience, but distinct from rejoicing before Hashem.
Holiness – קְדֻשָּׁה
- Rambam (Hilchot Ma’aser Sheni 2:9) states that Ma’aser Sheni must be eaten in holiness and joy. A mourner, preoccupied with grief, cannot approach this mitzvah in its intended sanctified spirit.
Purity – טָהֳרָה
- While this is not ritual impurity per se, the Torah treats mourning as a limiting state. The requirement preserves the purity of sacred eating, separating it from the impurity of grief and loss.
Reverence – יִרְאַת שָׁמַיִם
- Rashi (Deuteronomy 26:14) notes that the declaration includes not eating Ma’aser Sheni in mourning. This demonstrates reverence for Hashem’s laws by guarding the sanctity of holy food against being consumed in inappropriate states.
Mourning – אֲבֵלוּת
- Talmud (Yevamot 73a) derives directly that an onen (mourner before burial) may not eat Ma’aser Sheni. This acknowledges the emotional and spiritual reality of mourning and honors the mourner’s state without mixing it into sacred joy.
Justice – צֶדֶק
- Sefer HaChinuch emphasizes that justice in mitzvah observance means giving each mitzvah its proper time and context. Mourning and sanctified rejoicing are both holy, but must remain distinct.
Agriculture – חַקְלָאוּת
- The mitzvah ties agricultural sanctity to human experience: produce destined for holiness cannot be eaten during grief. Agriculture here is more than sustenance — it is bound to sacred timing.
Terumah / Ma’aser – תְּרוּמָה / מַעֲשֵׂר
- This mitzvah safeguards the sanctity of Ma’aser Sheni, maintaining that its consumption must remain joyous and whole, in line with its intended purpose.
Eretz Yisrael – אֶרֶץ יִשְׂרָאֵל
- Tithing laws apply biblically in the Land of Israel (Kiddushin 38b–39a). The special restriction on mourners reflects how the land’s holiness extends even into the emotional states of those partaking of its produce.
Community – קְהִלָּה
- By preventing mourners from partaking, the mitzvah preserves the communal joy of Ma’aser Sheni meals in Jerusalem. It ensures that the atmosphere remains uplifted, without being overshadowed by sorrow.
Bein Adam L’Makom – בֵּין אָדָם לְמָקוֹם
- This mitzvah expresses the relationship between a person and Hashem, reminding us that Divine service must be approached with the correct emotional and spiritual readiness.
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