ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) According to Rebbi Akiva, the Pasuk in Mishpatim learn from the Pasuk "b'Charish u'va'Katzir Tishbos" refers to the Shemitah year. He learns from the Pasuk ...
1. ... "b'Charish ... Tishbos" - that there is a period of Tosefes Shevi'is before the Shemitah, inasmuch as plowing is forbidden on Erev Shevi'is leading up to the Shemitah year.
2. ... "u'va'Katzir Tishbos" - that there is a period of Tosefes Shevi'is after the Shmitah, inasmuch as harvesting the produce that grew one third of their full growth in the Shemitah year is forbidden in the eighth year.
(b) In spite of the fact that the preceding phrase ("Sheishes Yamim Ta'avod") refers to Shabbos, Rebbi Akiva declines to interpret it with regard to Shabbos - because, he argues, why would the Torah then single out specifically plowing and reaping, implying that all other Melachos are permitted?!
(c) He establishes the Pasuk by Tosefes Shevi'is, rather than by the Lav of working in the Shemitah itself - since we already have a Pasuk (in Behar ... "Sadcha Lo Sizra, v'Karmecha Lo Sivtzor", and Ketzirah (harvesting corn) is included in the Betzirah (harvesting grapes [see Tosfos DH 'Sheharei']).
(d) By citing Rebbi Akiva here - we have discovered a source for the concept of adding Chol on to Kodesh (both before the event and after it).
(a) Rebbi Yishmael relates "b'Charish u'va'Katzir Tishbos" - to Shabbos (like the beginning of the Pasuk), and the Torah is comparing harvesting to plowing, to teach us that the Torah forbids only voluntary plowing (because there is no such thing as plowing that is obligatory - i.e. that is a Mitzvah to perform), So too, is the Torah's prohibition of harvesting, confined to a voluntary harvest, but not when it is obligatory. In other words, harvesting for the Omer, which is a Mitzvah, is permitted in the Shemitah.
(b) When Rebbi Yishmael refers to harvesting the Omer as a Mitzvah - he means that it is obligatory, that even if cut barley is available, there is nevertheless a Mitzvah to cut a fresh Omer (one tenth of an Eifah) for the Mitzvah.
(a) Rebbi Yishmael learns the concept of adding from Chol on to Kodesh from Yom Kippur ...
1. ... when it comes in - from the Pasuk in Emor "v'Inisem es Nafshoseichem b'Tish'ah la'Chodesh ba'Erev" implying that one adds part of the ninth of Tishrei on to the night of the tenth.
2. ... when it goes out - from "me'Erev ad Erev".
(b) We knows that the Torah is not telling us to fast on the ninth - because the Torah writes "ba'Erev".
(c) Whereas from the continuation of the Pasuk ...
1. ... "Tishbesu" - we learn Tosefes Shabbos (both when it comes in and when it goes out, like Yom-Kippur), and from ...
2. ... "Shabatchem" - Tosefes Yom-Tov.
(a) Rebbi Akiva learns from the Pasuk "v'Inisem es Nafshoseichem b'Tish'ah la'Chodesh" like the Beraisa cited by Rav Acha from Difti - that it is a Mitzvah to eat on Erev Yom-Kippur, and that someone who does, receives reward as if he had fasted on the ninth and the tenth.
(b) We learn, according to him, from the fact that the Torah refers to eating and drinking as 'Inuy' (affliction) - that the more one eats, the greater the reward.
(a) The words "Yovel Hi" (in Parshas Behar are superfluous. Rebbi Yehudah learns from "Yovel", that Yovel takes effect even though the people did not cancel their debts and even though the Beis-Din did not blow the Shofar; whereas from "Hi" - he learns that failing to set free one's Eved Ivri prevents Yovel from taking effect.
(b) According to Rebbi Yosi it is - failing to blow the Shofar that prevents Shemitah from taking effect.
(c) One of Rebbi Yosi's reasons is because it is possible for there to be no servants, but not for there to be no Shofros. His second reason is - because blowing the Shofar is incumbent upon the Beis-Din (and is unlikely to be negated), whereas releasing one's servants is incumbent upon the masses, who are more likely to be lax.
(a) Rebbi Yehudah learns from the Pasuk "u'Kerasem D'ror" that sending away the servants carries more weight than blowing the Shofar - because it immediately precedes "Yovel Hi", and he holds 'Mikra Nidrash le'Fanav v'Lo Lifnei Fanav'.
(b) Rebbi Yosi holds - 'Mikra Nidrash le'Fanav v'Lifnei Fanav'.
(c) Both Tana'im translate the word "Dror" as freedom. Rebbi Yehudah adds - that in addition, he is free to take his merchandise wherever he wants.
(a) The Chachamim disagree with Rebbi Yehudah and Rebbi Yosi. According to them - the word "Hi" incorporates all of the above-mentioned three things ...
(b) ... because they hold 'Mikra Nidrash le'Fanav (releasing one's servants), v'Lifnei Fanav (blowing the Shofar) ule'Acharav (the return of land to the original owners)'.
(c) They learn from the word "Yovel" that the releasing of servants in the Yovel (which has nothing to do with the land) applies even in Chutz la'Aretz. The Torah nevertheless writes "ba'Aretz" - to teach us that it only applies in Chutz la'Aretz as long as Yovel applies in Eretz Yisrael.
(a) We learn from a Gezeirah Shavah ("Shanah" "Shanah") that Rosh Hashanah for Neti'ah (regarding Orlah) is Tishrei. The Pasuk for Neti'ah is "Shalosh Shanim Arelim ... u'va'Shanah ha'Revi'is", and we learn the Gezeirah-Shavah from - "me'Reishis ha'Shanah ... " ("Tamid Einei Elokecha Bah ... ").
(b) We learn it from there and not from "Rishon Hu Lachem l'Chodshei ha'Shanah" - because we prefer to learn "Shanah" without Chodashim, from "Shanah" without Chodashim, than from "Shanah" with Chodshim.
(c) If we learned the Gezeirah-Shavah from the latter, Rosh Hashanah for Neti'ah would be in Tishrei.
(a) The Beraisa now discusses Mavrich and Markiv (in connection the transplanting of trees) on Erev Shevi'is.
1. ... 'Mavrich' - means to re-plant the end of a growing branch in the ground.
2. ... 'Markiv' - mans to graft a piece of one tree in another tree.
(b) According to the Beraisa, planting, and either of these two are permitted - provided one does it at least thirty days before the commencement of the Shemitah year.
(c) In the event that one performed any of these within thirty days of the Shemitah, one is obligated to undo whatever one did - for having transgressed Tosefes Shevi'is.
(a) The other area of Halachah affected by this thirty-day period is - the years of Orlah.
(b) The ramifications of this ruling are that - if one did plant the tree before the thirty-day period, the fruit will leave the realm of Orlah immediately with the advent of Rosh Hashanah; whereas if he didn't, it will only enter its second year one year later.
(c) Assuming that one did plant the tree before the thirty day period - the fruit will only leave the realm of Orlah on the Tu bi'Shevat following the third Rosh Hashanah (because the New Year for trees is Tu bi'Shevat).
(d) The Beraisa's concluding words 've'Im li'Revai, li'Revai' - means that exactly the same will apply to the fruit at the end of the fourth year, which will remain Neta Re'vai until Tu bi'Shevat.