1)

THE LAWS OF EGYPTIAN BEANS (Yerushalmi Sheviis Perek 2 Halachah 5 Daf 5b)

ø"ù ùæåøé àåîø ëå'. îäå úøîéìå òáãéï ÷ð÷åìéï

(a)

(The Mishnah taught (Menachos 108 (b) above) that R. Shimon Shezuri said that if an Egyptian bean was planted to be used for its seeds, it follows the same rule as the first case of the Mishnah...R. Elazar said that for large peas, their Tarmil must have grown before Rosh Hashana.) What are Tarmils? They must become hard pods.

øáé áà áø æáãé áùí ø"ù áï ì÷éù äìëä ëø"ù äùæåøé

(b)

(R. Ba bar Zavdi citing R. Shimon ben Lakish): The Halacha follows R. Shimon Shezuri.

àîø øáé éåñä äåøé øáé ìòæø ìøáé ùåáúé ãöãå÷é ëäãà ãø"ù ùæåøé

(c)

(R. Yosa): R. Elazar instructed R. Shovtai of Tzeduki according to the teaching of R. Shimon Shezuri.

úðé ùù îéãåú àîøå çëîéí áôåì îöøé æøòå ìæøò îúòùø ìùòáø æøòå ìéø÷ îúòùø ìáà

(d)

Baraisa: The Chachamim said 6 laws about Egyptian beans - A) If he planted it for seeds, its tithe follows the previous year; B) if for consumption (vegetables), it follows the next year.

[ãó èå òîåã à (òåæ åäãø)] æøòå ìæøò åìéø÷ àå ùæøòå ìæøò åçéùá òìéå ìéø÷ îòùø îéø÷å òì æøòå åîæøòå òì éø÷å áùäáéà ùìéù ìôðé ø"ä

1.

C) (This law has 4 parts - ) (i) If he planted it for seeds and for consumption or he planted it for seeds and then decided to use it for consumption, if it reached a third grown before Rosh Hashana, it follows the previous year.

àáì àí äáéà ìàçø ø"ä æøòå îúòùø ìùòáø åéø÷å îúòùø áùòú ì÷éèúå òéùåøå áùì÷è îîðå ìôðé ø"ä

2.

(ii) But if it reached a third after Rosh Hashana, it's seeds follow it's time of taking root and it's vegetables follow its time of picking. This is when he picked them before Rosh Hashana (as they were ripe enough to do so);

àáì àí ì÷è îîðå ìàçø ø"ä áéï æøòå áéï éø÷å îúòùø ìáà

3.

(iii) But if he picked them after Rosh Hashana, whether its seeds or vegetables, it follows that next year.

[ãó èå òîåã á (òåæ åäãø)] æøòå ìæøò åçéùá òìéå ìéø÷ áàéï îçùáä

4.

(iv) If he planted it for seeds and then decided to use it for consumption, his decision changes its law (as above).

æøòå ìéø÷ åçéùá òìéå ìæøò ìòåìí àéï îçùáú æøò çìä òìéå àìà àí ëï îðò îîðå ùìåùä îåøáéåú ëùäáéà ùìéù ìôðé ø"ä àáì àí äáéà ùìéù ìàçø ø"ä àôéìå (ìà) îðò îîðå ùìùä îåøáéåú:

5.

D) If he planted it for consumption and he decided to use it for seeds, his decision doesn't affect it unless he also refrained from watering them 3 times (as it shows that he wants the pods to dry out so that he can take the seeds). This is on condition that they became a third grown before Rosh Hashana, but if only after Rosh Hashana, even if he refrained from watering 3 times, its tithe follows the next year.

æøòå ìæøò åòùä ëåìå ÷ööéï âîåøéï ìôðé ø"ä æøòå îúòùø ìùòáø éø÷å îúòùø áùòú ì÷éèúå òéùåøå

6.

E) If he planted it for seeds (and decided to use it for consumption) and all of it ripened before Rosh Hashana and afterwards more leaves grew - that which grew afterwards doesn't follow along with the seeds and it is tithed according to the time of picking.

[ãó èæ òîåã à (òåæ åäãø)] î÷öúï òùä ÷ööéï âîåøéí åî÷öúï ìà òùä äãà äåà öåáø âåøðå ìúåëå åðîöà îòùø îæøòå òì éø÷å åîéø÷å òì æøòå

7.

F) In the previous case, if some grew leaves and some did not, new and old are mixed together, as some follow last year and some follow this year It was about such a case that the Baraisa taught - A person may gather all of his threshing floor together and then tithe, thereby separating the vegetables for the grains, and vice-versa.

úðé øáé àáãåîé ãçéôä àôéìå ìà òùä ëåìå ÷ööéï âîåøéï ìôðé ø"ä æøòå îúòùø ìùòáø åéø÷å áùòú ì÷éèúå òéùåøå

8.

Baraisa (R. Avdumi of Haifa disagrees): Even if none of them grew extra leaves before Rosh Hashana, its seeds are tithed for last year and its vegetables follow its picking.

àø"é åäåà ùäáéà ùìéù ìîçùáú æøò àáì àí äáéà ùìéù ìîçùáú éø÷ àôùø ìåîø æøòå îúòùø ìùòáø åéø÷å áùòú ì÷éèúå òéùåøå [ãó å òîåã à] åàú àîøú öåáø àú âåøðå ìúåëå åðîöà îúòùø îæøòå òì éø÷å åîéø÷å òì æøòå.

(e)

(R. Yosa): R. Avdumi's case is when at the time that it reached a third grown, he was still intending to use it for seeds, but if at that point he already intended to use it for consumption, since you could say that the vegetable for consumption is now primary and the seeds are secondary, could you say that a person may gather all of his threshing floor together and then tithe, thereby separating the vegetables for the grains, and vice-versa - meaning that it is tithed according to last year's tithe?

æøòå ìæøò ìôðé øàù äùðä ðëðñä ùáéòéú áéï æøòå áéï éø÷å îåúø

(f)

(Having discussed the tithing laws of the Egyptian bean, the Gemara now discusses its Sheviis laws) If he planted it for its seeds before Rosh Hashana of Sheviis (and according to one opinion they took root and according to the other, they ripened before this time); if Sheviis came (and he hadn't yet uprooted them), the seeds and even the vegetable are permitted (as whatever grows in Sheviis is negated to that which grew before Sheviis).

[ãó èæ òîåã á (òåæ åäãø)] æøòå ìéø÷ ìôðé ø"ä ùáéòéú åðëðñä ùáéòéú áéï æøòå áéï éø÷å àñåø

1.

If he planted for consumption before Sheviis and then Sheviis came, all of it is prohibited, both the vegetable and the seed.

æøòå ìæøò åìéø÷ ìôðé ø"ä äùáéòéú åðëðñä ùáéòéú ôùéèà æøòå îåúø éø÷å îäå

(g)

Question: If he planted it for its seeds and for its vegetable before Sheviis and then Sheviis came, obviously it seeds are permitted, but what about its vegetable?

úðé øáé çééà àñåø úðé øáé çìôúà áï ùàåì îåúø

(h)

Answer: R. Chiya taught that it is prohibited and R. Chalafta ben Shaul taught that it is permitted.

îàï ãàîø îåúø ãáø úåøä î"ã àñåø îôðé îøàéú òéï

1.

The one who permitted it follows the Torah law (that the new growth is negated to the old). The one who prohibited it did so because of Maris Ayin (that people shouldn't say that this person picked Sheviis produce and is treating it as 6th year produce).

øáé ñéîåï áø æáãé áòé ÷åîé øáé éåñé åàôéìå ìäàëéì àú áäîúå éäà àñåø îôðé îøàéú òéï

(i)

Question (R. Simon bar Zavdi to R. Yosi): Would that prohibition apply if he wishes to feed it to his animals?

àîø ìéä ìà éúï ìà ìáðå åìà ìùìåçå åìà éäà ìå÷è òì äàåîï

(j)

Answer (R. Yosi): One shouldn't give it to his son or messenger who are suspected when it come to the laws of Sheviis (but to give it to his animal is permitted). Also, he shouldn't pick a whole row of vegetables; (rather he should pick it in small quantities and give it to his animals immediately).

à"ø éåñä á"ø áåï àí ðò÷øå äðéîä îåúø åàôéìå ëî"ã àñåø

(k)

(R. Yosa bei R. Bun): If he did uproot the entire row, it is permitted, even according to the one who said that it is prohibited to pick that way.

äéä ìå÷è åðîöà áúåëå éø÷ îåúø

(l)

If he was picking permitted seeds (from the earlier permitted cases) and he came across a small quantity of vegetable, it is permitted.

[ãó éæ òîåã à (òåæ åäãø)] ëäãà áø ðù òàì èòåï òùø îéñøéï ãìåáé îòùø ìøáé éøîéä à"ì ìà úéòáã ëï ìà úì÷åè àìà öåøëä ãìôöä

1.

Support: A person once brought 10 bundles of moist Egyptian beans to R. Yirmiyah. R. Yirmiyah told him not to pick such a large quantity at the same time - only pick what you need for cooking.

æøòå ìôðé ø"ä äùîéðéú åðëðñä ùîéðéú áéï æøòå áéï éø÷å àñåø æøòå ìéø÷ ìôðé ø"ä äùîéðéú åðëðñä ùîéðéú áéï æøòå áéï éø÷å îåúø æøòå ìæøò åìéø÷ ìôðé ø"ä ùîéðéú åðëðñä ùîéðéú æøòå àñåø åéø÷å îåúø:

(m)

If Egyptian bean was planted before Rosh Hashana of the 8th year and the 8th year came, all of it is prohibited. If he planted it for vegetables and the 8th year came, it is all permitted. If he planted it for seeds and vegetables and the 8th year came, its seed is prohibited and its vegetable is permitted.