*19.2 Makkos Daf 12 B (2 lines Dn)*

*19.2 Makkos Daf 12 B (2 lines Dn)**Today’s learning dedicated in honor of my dear wife Tziporah whose dedication enables my learning - Y.Z.*Sponsor a day's learning (thousands of minutes!) for only $50 *click here:*https://secure.cardknox.com/torasavigdor?xDescription=GemaraProjectDay&xamount=50_Our mishna states that a tree’s location is decided by its foliage. In Maaser Sheini one mishna states the foliage is not taken into account, only the actual city boundaries. Another mishna there states that the foliage is a deciding factor. Rav Kahana explains that the second mishna follows the opinion of Rabbi Yehuda of the beraisa while the first is the opinion of the chachomim._*Summary**Challenge: It is possible that Rabbi Yehuda* only takes the location of the foliage into consideration, but *does not consider it to be the single decisive factor.**With regard to _maaser_ there are two ways of being stringent* (18.6) 1. Outside the city it cannot be consumed. 2. Inside the city it cannot be redeemed.It is possible that in a case where the foliage is outside the city, Rabbi Yehuda holds that maaser cannot be consumed on the trunk which is inside the city. And in a case where the foliage is inside the city, Rabbi Yehuda holds that maaser cannot be redeemed on the trunk which is outside the city.*However, with regard to _Ir Miklat,_* 1. Outside the city he may be killed. 2. Inside the city it is an act of murder to kill him. *Can we say that* if the foliage is outside the city and he is inside, *he may be killed and it is not considered an act of murder?!* He is inside the _ir miklat_!_[This question was not asked on our mishna, because our mishna records an accepted halacha. But since there is a dissenting view in maaser sheini, it is difficult to believe that the viewpoints of Rabbi Yehuda and the Chachamim would differ so vastly]_ See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate