88b----------------------------------------88b
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5)
(a) The Mishnah in Ma'asros gives the stage that squash and pumpkins as 'mi'she'Yipaksu', which Rav Asi interprets to mean - from the time the fluff on its end is removed.
(b) On the assumption that the Tana is speaking in the field, Rav Asi queries Rebbi Yanai and Rebbi Yochanan (who require the fruit to have entered the house or the Chatzer respectively) from this Mishnah. He declines to establish the Mishnah in the Chatzer or the house - because then, seeing as the Tana is coming to teach us that even entering the house does not determine the obligation to Ma'aser until its fluff has been removed, the Tana ought to have said (not 'mi'she'Yipaksu' but) 'Ad she'Yipaksu'.
(c) To counter Rav Asi's Kashya, we establish the Mishnah - in the Chatzer or the house. And the reason the Tana uses the Lashon 'mi'she'Yipaksu', because, had he said 'Ad she'Yipaksu', we would have thought that it only reaches the stage of Ma'aser when all the fluff has been removed. 'mi'she'Yipaksu' on the other hand, implies that all that is required, is for the fluff to begin coming off.
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6)
(a) The Beraisa gives the G'mar Melachah as 'Hachnasasan'. Assuming this to mean in the field, Mar Zutra B'rei de'Rav Nachman - who interprets the word 'Hachnasasan' - to mean gathering into a pile, queries Rebbi Yanai and Rebbi Yochanan from here.
(b) We counter his Kashya however - by interpreting 'Hachnasasan' to mean gathering into the house.
(c) The ramifications of these interpretations are - from which stage a person will be Chayav for eating Tevel (and from which stage it will be forbidden to eat from the fruit, even casually).
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7)
(a) Alternatively, Rebbi Yanai differentiates between two different kinds of fruits. Hachnasasan le'Sadeh is Kove'a - by produce, where the Torah specifically writes 'Goren' (in Re'ei ["Ma'asar Degancha", which is synonymous with Goren]), whereas Rebbi Yanai is speaking about fruit, which does not have its own Goren.
(b) The Sugya in Pesachim assumes that the crops left behind by a deceased Chaver were never Tevel (that needed to be Ma'asered), because maybe the Chaver did like Rebbi Oshaya - who permits a person to avoid Ma'asering his crops, by taking them into his house together with the chaff to enable his animal to eat from it, and to exempt him from having to Ma'aser it.
(c) That Sugya clearly holds - like the first interpretation of Rebbi Yanai, which considers the house the Goren with regard to crops and fruit alike.
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8)
(a) We have discussed Adam bi'Mechubar. The Pasuk in Ki Seitzei that teaches us that a Shor may eat be'Talush is - "Lo Sachsom Shor be'Disho".
(b) We try to learn Adam be'Talush from a 'Kal va'Chomer' - from an animal, whom the Torah allows to eat, even though it does not specifically allow it to eat by Mechubar. If so, Adam, whom the Torah does specifically allow to eat by Mechubar, should certainly be allowed to eat by Talush.
(c) The Pircha on this 'Kal va'Chomer' is - that we cannot learn Adam from Beheimah, since the Torah is more lenient with Beheimah than with Adam, inasmuch as one receives Malkos for muzzling an animal, but not for muzzling a person (as we learned above).
(d) We have already cited the D'rashah from "ke'Nafsh'cha", which precludes a laborer from being subject to the La'av of Chasimah. Otherwise, we would have learned from a 'Kal va'Chomer' that he is included - from the fact that one is obligated to sustain a Yisrael but not an animal.
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9)
(a) So we learn Adam be'Talush from the fact that the Torah writes "Kamah" twice - using the principle of 'Im Eino Inyan' (because, seeing as we don't need two Pesukim by Mechubar, we use one of them to teach us Talush).
(b) Rebbi Ami dispenses with the need for this D'rashah. He extrapolates Adam be'Talush from the Pasuk "Ki Savo be'Kerem Re'echa" - which incorporates a case where the laborer was employed to carry the picked grapes from the vineyard to the wine-press, yet the Torah permits him to eat.
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10)
(a) We try to learn Beheimah by Mechubar from Adam, using the reverse 'Kal va'Chomer' that we used earlier to try and learn Adam be'Talush from Beheimah. The Pircha we ask on this is - 'Mah le'Adam, she'Kein Metzuvin Le'hachyoso' (as we just explained).
(b) We suggest that perhaps one ought to be Chayav to sustain a Beheimah from a 'Kal va'Chomer' from Adam - since one is not forbidden to muzzle the latter, whereas one is forbidden to muzzle the former.
(c) We counter this suggestion however - by Darshening "ve'Chei Achicha Imach", 'Achicha, ve'Lo Shor'.
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11)
(a) We finally learn Beheimah bi'Mechubar from the fact that the Torah writes "Re'echa" twice by Adam by Mechubar - that 'Im Eino Inyan' regarding Adam, the second Pasuk permitting eating from Mechubar must pertain to Beheimah.
(b) Ravina dispenses with the need for this D'rashah. He learns it from "Lo Sachsom Shor be'Disho", from the superfluous word "Shor" - since the Torah ought to have written - "Lo Sadush ba'Chasimah".
(c) Consequently, from "Lo Sachsom Shor ... ", he compares the muzzler (Adam) to the muzzled (Beheimah), to permit Adam to eat be'Talush; and the muzzled to the muzzler, to permit Beheimah bi'Mechubar.
(d) RAvina knows that the Torah does not write "Shor" to preclude other animals from the concession to eat - because we learn from the 'Gezeirah-Shavah' "Shor" "Shor" from Shabbos, that wherever the Torah writes "Shor", it incorporates all animals, like it does by Shabbos.
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