POINT BY POINT OUTLINE
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1) ADDING FROM NON-HOLY PERIODS TO HOLY PERIODS
(a) Question: How do we know that we add time from non-holy
periods to holy periods?
(b) Answer: As taught by R. Akiva in a Beraisa:
1. (R. Akiva) The Torah (Shemos 34:21) stated that one
should refrain from plowing and harvesting, even
though it had already stated that one may not sow in
the seventh year.
i. This comes to include the plowing immediately
before the seventh year, and the harvesting
immediately after.
2. (R. Yishmael) The Torah is referring to Shabbos and
comparing harvesting to plowing.
i. It is teaching us that just as it is only
voluntary plowing that is forbidden (as there
is never any plowing that is a Mitzvah), so too
it is only voluntary harvesting that is
forbidden.
ii. This excludes harvesting the Omer, which is a
Mitzvah.
(c) Question: How does R. Yishmael know that we add time from
non-holy periods to holy periods?
(d) Answer: He learns it in a Beraisa concerning Yom Kipur:
1. (Beraisa) The Torah (Vayikra 23,32) states that "You
should afflict yourselves on the ninth... in the
evening."
2. "On the ninth" implies that it should begin on the
day of the ninth.
3. "In the evening" implies that it should begin only
on the eve of the tenth.
4. The reconciliation is that one adds from the daytime
hours of the ninth to the fast.
5. This teaches us that we add time from non-holy
periods to holy periods.
6. Question: How do we know that the end of Yom Kipur
is also extended?
7. Answer: As it states that it must last "from evening
to evening," including the following evening.
8. Question: How do we know that this also applies to
Shabbos?
9. Answer: As it states that "you should rest"
(referring to Yom Kipur, but alluding to Shabbos).
10. Question: How do we know that this also applies to
Yom Tov?
11. Answer: As it states "Your rest" - this applies
whenever there is a Mitzvah to rest.
(e) Question: For what does R. Akiva (who already had a
source for extending the periods of holiness) use the
words "You should afflict yourselves on the ninth" ?
(f) He uses it in accordance with the following Beraisa:
1. (Chiya bar Rav of Diftei) The Torah states that we
should afflict ourselves on the ninth, even though
this is really done only on the tenth, to tell us
that whoever eats and drinks on the ninth is
considered as though he has fasted on both the ninth
and tenth.
9b----------------------------------------9b
2) THE CONDITIONS FOR "YOVEL"
(a) (R. Yehudah) "It is Yovel" (Vayikra 25,10) teaches us
that it is Yovel regarding the prohibition to perform
agricultural work even if the Mitzvos of returning land
to its original owners and of the Shofar blowing were
not performed
1. However, the prefix "It is" teaches that it is not
Yovel if the servants were not released.
(b) (R. Yosi) "It is Yovel" teaches us that it is Yovel
regarding the prohibition to perform agricultural work
even if the procedures of returning land to its original
owners and of releasing servants were not performed.
1. However, the prefix "It is" teaches that it is not
Yovel if the Shofar was not blown.
(c) The Gemara now explores R. Yosi's reasoning:
1. Question: Since the word "Yovel" includes it as
being Yovel even without certain criteria being
fulfilled, and the words "It is" excludes it from
being Yovel in the absence of other criteria, how do
we know to place Shofar as the essential criterion
and the release of servants as an inessential
criterion?
2. Answer: It is possible that there would be no
servants to be released, but it is not possible that
there would be no Shofar to be blown.
3. Alternative answer: Releasing servants is dependant
upon individuals, and we don't want Yovel to be
contingent on their acquiescence; blowing the
Shofar, on the other hand, is done by Beis Din.
i. Question: Why is an alternative answer
necessary?
ii. Answer: As one might argue that it is
impossible for there not to be a single servant
in the world being released.
(d) Question: We have understood R. Yosi's reasoning; but
what is R. Yehudah's reasoning?
(e) Answer: It is as follows:
1. The Torah states "you shall call for Dror in the
land" (that servants should be released) immediately
before saying that "it is Yovel."
2. R. Yehuda is of the opinion that a Pasuk is
understood to be referring to the immediately
preceding clause, and not to an earlier clause (such
as that of blowing the Shofar).
i. Question: Why is it clear that "Dror" refers to
releasing servants?
ii. Answer: As we have learned in a Beraisa that
Dror refers to freedom.
iii. (Beraisa)(R. Yehudah) The word "Dror" refers to
a person who can live ("Dar") wherever he wants
and do his business wherever he wants.
(f) (R. Chiya bar Aba citing R. Yochanan) Thus far we have
seen the opinions of R. Yehudah and R. Yosi; the
Chachamim, however, hold that it is Yovel only if all
three Mitzvos, (returning land to its original owners,
releasing servants, and blowing Shofar) were performed.
(g) The reason is that they understand a Pasuk to be
referring to the immediately preceding clause (of
releasing slaves), the earlier clause (of blowing
Shofar), and the following clause (of returning land to
its original owners).
1. Question: Why do the Chachmim need the inclusive
word of "Yovel" (implying that it is Yovel in any
case)?
2. Answer: To teach that releasing slaves even applies
in the Diaspora.
3. Question: So why does it say that Yovel is in "the
land" (of Israel)?
4. Answer: To teach that it only applies in the
Diaspora when it applies in the land of Israel.
3) THE NEW YEAR FOR ORLAH
(a) Question: How do we know that the new year for Orlah is
on the first of Tishrei?
(b) Answer: The Torah (Vayikra 19 23) writes that fruit is
permitted "in the fourth year" and we learn (by way of
Gezerah Shavah) from the occurrence of the word "year" in
this Pasuk "from the beginning of the year" in reference
to Tishrei.(Devarim 11,12)
1. Question: Why not learn from the occurrence of the
word "year" in the Pasuk "It is the first for you
for the months of the year" in reference to Nisan?
(Shemos 12,2)
2. Answer: We should learn the occurrence of the word
"year" without any mention of months from the same
type, rather than learn it from the occurrence of
the word in connection to the word months.
4) THE "TOSEFTA" ABOUT CALCULATING "ORLAH"
(a) When planting, bending the runner of a plant into the
earth to take root, or grafting, before the beginning of
the Shemitah year ,the following applies;-
(b) If at least thirty days remain until Rosh Hashanah, it is
counted as the first year for Orlah calculations, and the
plant may be preserved through Shemitah.
(c) If less than thirty days remain until Rosh Hashanah, it
does not count as the first year for Orlah calculations,
and the plant may not be preserved through Shemitah.
(d) Even where it was planted thirty days beforeRosh Hashanah
, fruit that grew after Rosh Hashanah of the fourth year
are Orlah; only those that will grow after the fifteenth
of Shevat will be Revai and can be eaten in Yerushalayim.
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