Mishnah 9
12)
(a) The Tana maintains - that Safek Orlah in Eretz Yisrael is Asur, whereas in Syria, it is permitted.
(b) This distinction is - based on the principle 'Sefeika d'Oraysa le'Chumra (since Orlah in Eretz Yisrael is min ha'Torah), and mi'de'Rabbanan le'Kula' (since in Syria, it is mi'de'Rabbanan, though due to its proximity, they were more stringent with it than with other parts of Chutz la'Aretz, as we shall see shortly).
(c) An example of Safek Orlah is - where a Nochri has some Orlah saplings growing in his field, and we do not know whether the fruit that he is selling are from those saplings or not.
(d) In spite of the fact that David Hamelech captured Syria, Orlah is not min ha'Torah - because he captured it before capturing the whole of Eretz Yisrael, in which case it is has a Din of 'Kibush Yachid' (private conquest).
13)
(a) The Chachamim decreed Orlah in Chutz la'Aretz too. The difference between Safek Orlah in Syria and Safek Orlah in Chutz la'Aretz is - that in the former, one is only allowed to purchase fruit that one did not see Nochri pick, whereas in Chutz la'Aretz, one may even purchase fruit which he picked in one's presence.
(b) Either way - the Yisrael is not permitted to pick the fruit himself (see Tiferes Yisrael).
14)
(a) The Tana - forbids purchasing vegetables from outside a vineyard in Eretz Yisrael that has vegetables growing in it, but permits this in Syria.
(b) Either way - the Yisrael is not permitted to pick the fruit himself (as we just learned in connection with Safek Orlah).
(c) The Tana learns from the Pasuk in Emor "ve'Lechem ... Lo Sochlu ... be'Chol Moshvoseichem" - that Chadash applies in Chutz la'Aretz min ha'Torah.
15)
(a) Finally, the Tana rules - that Orlah applies in Chutz la'Aretz 'Halachah le'Moshe mi'Sinai whereas Kil'ayim applies only mi'de'Rabbanan.
(b) Safek Orlah in Chutz la'Aretz is nevertheless permitted - because that is part of the Halachah ... .
(c) The Tana is referring specifically to K'lai ha'Kerem (see Tiferes Yisrael, note 41) which is Asur be'Hana'ah in Eretz Yisrael, but not to ...
(d) ... K'lai Zera'im, which is Mutar be'Hana'ah in Eretz Yisrael.
16)
(a) The Torah writes in Kedoshim 'Sadcha Lo Sizra Kil'ayim'. We learn that grafting Kil'ayim is forbidden too - from K'lai Behemah, which is similar to grafting (and the Torah juxtaposes the above Pasuk beside that of "Behemt'cha Lo Sarbi'a Kil'ayim").
(b) We also learn from the Hekesh - that as K'lai Behemah applies in Chutz la'Aretz too (see Tos. Yom-Tov), so too, does the prohibition of Harkavas ha'Ilan.
***** Hadran Alach 'Beged', u'Selika Maseches 'Orlah' *****
On to Bikurim