ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) The Mishnah now issues a three-part K'lal Gadol with regard to using Sh'mitah produce as a 'Melugma' - (for medicinal purposes).
(b) Melugma'is the acronym of - 'M'lo Lugma' (a cheek-full), since people tended to chew these items placing them on their wounds.
(c) The Tana ...
1. ... completely forbids it - if it was initially planted as human food.
2. ... permit using it for humans but not for animals - if it was planted for use as animal food.
(d) The Tana extrapolates ...
1. ... the first ruling from the Pasuk "ve'Haysah Shabbas ha'Aretz Lachem le'Ochlah" - which implies that whatever was planted for 'you' (as human food) may only be eaten (see also Tiferes Yisrael).
2. ... the second ruling from the Pasuk "ve'li'Vehemt'cha ve'la'Chayah Asher be'Artz'cha Tih'yeh Chol Tevu'asah Le'echol" - implying that whatever was planted for use as animal food, may only be eaten by them (but not used to cure them [see also Tiferes Yisrael]).
(a) In a case where one plants something (which is edible but which is confined neither for human consumption nor for animals) having in mind to use it as both, the Tana rules - that that it adopts the Chumros of both of them.
(b) If the Chumra of human food is that it may not be used as a cure, the additional Chumra of animal food is - that it is forbidden to cook it excessively (see Tos. Yom-Tov).
(a) Assuming that one planted the above for the wood, the Tana permits using it - even as a cure for animals.
(b) And he lists the three plants Si'ah (saturcia), Eizov (hyssop) and Kurnis (thyme or savory plant) - as examples of such a plant (which has all of the diverse uses of which we spoke).
(a) The three things that one is permitted to do with Sh'mitah produce are - eating, drinking and anointing (see Tiferes Yisrael).
(b) The Mishnah is referring to - grapes and olives.
(c) When the Tana continues ... 'to eat what is normally eaten', he is coming to preclude - that is spoilt, which does not need to be eaten.
(d) One is permitted to - anoint oneself with oil, but not with wine or vinegar (that is made from wine)
(a) These three things are also permitted - with regard to Terumah and Ma'aser Sheini.
(b) Shevi'is oil is more lenient than ...
1. ... Terumah - inasmuch as whereas it is permitted to use it as fuel, whether it is Tahor or Tamei (see Tos. Yom-Tov), one is not permitted to do so with Terumah Tehorah or with ...
2. ... Ma'aser Sheini Tamei (only with Terumah Temei'ah and with Ma'aser-Sheini Tahor).
(a) The three ways by which the Mishnah forbids the sale of Sh'mitah produce is by measure, by weight - and by number (see Tos. Yom-Tov).
(b) This may be in order to induce selling it cheaply. Alternatively, the reason for these restrictions might be - to remind the purchaser (by virtue of the change) to treat it with Kedushas Shevi'is.
(c) In spite of having taught us the above principle, the Tana sees fit to prohibit the sale of ...
1. ... figs by number, says the Tos. Yom-Tov - since they are usually sold by weight, we might otherwise have thought that this is permitted, and the same applies to selling ...
2. ... vegetables (which are generally sold in bundles) by weight.
(a) Beis Shamai add selling vegetables in bundles to the list of prohibitions (see Tos. Yom-Tov) - because that is the way that they are usually sold, as we just explained.
(b) Beis Hillel - permit selling vegetables such as leek and Netz Chalav in bundles (seeing as one generally makes them into bundles even at home [see Tos. Yom-Tov]).
(a) The Mishnah permits giving a worker an Isar in the Sh'mitah and asking him to pick him ...
1. ... a vegetable (see Tos. Yom-Tov [nor does the Isar adopt Kedushas Shevi'is]), but forbids it if he asks him to fetch him ...
2. ... a vegetable (in exchange) 'for it' (see Tos. Yom-Tov) ...
(b) ... because, whereas in the former case, it is as if each one is giving the other one a gift, in the latter case it resembles a sale.
(a) The Tana rules that if someone purchases a loaf of bread from the baker in the Sh'mitah and arranges to pay him with vegetables that he intends to pick from the field - it is permitted.
(b) He forbids it however - if he buys the loaf S'tam and then wants to pay him with the vegetables that he has picked from the field ...
(c) ... because it is forbidden to pay one's debts with Sh'mitah produce.
(a) Following on from the previous Mishnah, the Tana forbids paying a Bayar, a Balan a Sapar or a Sapan for their services with Sh'mitah produce (or money). A ...
1. ... 'Bayar' is - someone who digs pits, via which he provides the town with water.
2. ... 'Balan' is - a bath-attendant.
3. ... 'Sapar' is - barber.
4. ... 'Sapan' is - a sailor (see Tos. Yom-Tov).
(b) The Mishnah nevertheless permits one to give a Bayar money for a drink of water, says the Tos. Yom-Tov - because it falls under the Torah's concession of "le'Ochlah".
(c) He also permits - giving any of the above a gift of Sh'mitah produce, even though he knows that, as a result, they will provide him with service free of charge.
(a) The Mishnah - forbids picking figs in the Sh'mitah using a Muktzeh (an implement with which one normally picks them) ...
(b) ... only using a Charbah (a sword-like knife).
(c) When pressing grapes - one places them in a large bowl, but not in the wine-press.
(d) We learn these Halachos - from the Pasuk "ve'es Invei Nezirecha Lo Sivtzor" (prohibiting harvesting in the regular manner).
(a) Similarly, the Tana Kama prohibits pressing olives in the olive-press (Beis ha'Bad) and using a 'Kotev' - (a heavy wooden beam with a large stone attached to one end, which is placed on the olives to press them.
(b) One should press them - in a 'Bodeidah' (a small press, in the form of a bowl).
(c) R. Shimon is more lenient than the Tana Kama - inasmuch as he permits pressing the olives in the olive-press, provided one then transfers the olives to a Bodeidah.
(d) The Halachah - is like R. Shimon (see Tos. Yom-Tov).
(a) The Tana Kama forbids cooking Sh'mitah vegetables in Terumah oil - because, in the event that the latter becomes Pasul, it has to be burned (and one is not allowed to bring Sh'mitah produce to a state where they cannot be eaten).
(b) R. Shimon - permits it, since he permits bringing Kodshim to a state of P'sul.
(c) The Halachah - is like the Tana Kama.
(a) The Tana now discusses the transfer of Kedushas Shevi'is from one commodity on to another. If one purchases meat with Sh'mitah produce - then both items adopt Kedushas Shevi'is.
(b) In the event that one then barters ...
1. ... the meat for fish - the fish adopts Kedushas Shevi'is, whereas the meat becomes Chulin.
2. ... the fish for oil - then the oil adopts Kedushas Shevi'is, whilst the fish becomes Chulin.
(c) We learn from the Pasuk "Ki Yovel Hi, Kodesh ... " that Sh'mitah produce transfers its Kedushah on to whichever commodity one barters it for, whereas the following word "Tih'yeh" comes to teach us - that (unlike by other areas of Kodshim) the original item retains its Kedushah.
(a) Besides Avadim Cana'anim and land, one is forbidden to purchase - Tamei (non-Kasher) animals with money of Shevi'is.
(b) The Tana also forbids purchasing with it Kinei Zavim, Kinei Zavos - or Kinei Yoldos ...
(c) ... each of which comprise - a pair of pigeons or doves.
(a) The Mishnah prohibits using Sh'mitah-oil - to anointing vessels.
(b) In the event that one contravened any of the current three prohibitions - one is obligated (in the form of a K'nas [a penalty]) to purchase the equivalent amount of food (see Tos. Yom-Tov) and eat it with Kedushas Shevi''is.
(c) The reason for the prohibition against ...
1. ... purchasing Avadim Cana'anim, land and Beheimah Teme'ah with money of Shevi'is, says the Meleches Shlomoh is - because it does not conform with the Pasuk "le'Ochlah".
2. ... purchasing Kinei Zavim, Zavos & Yoldos, says the Tos. Yom-Tov, is - because one may only execute one's obligations with Chulin (and not with Hekdesh).
3. ... anointing oneself with Sh'mitah-oil, he says, citing the Rambam, is - because the ruling that we learned earlier that Sh'mitah produce may be designated for Sichah, is confined to Sichas Adam (but does not extend to Sichas Keilim).
(a) According to R. Eliezer, a skin with which one anointed Sh'mitah-oil must be burned. The Chachamim - permit purchasing the equivalent amount of food with Kedushas Shevi''is (as we learned a little earlier).
(b) When they quoted him the previous statement in the name of R. Eliezer, R. Akiva commented - that they should remain silent, because he preferred not to tell them what R. Eliezer really said on the matter ...
(c) ... since R. Eliezer, it seems - was really extremely lenient in that regard.
(a) He made the same comment when they told him what R. Eliezer had said about someone who eats bread baked by the Kutim (see Tiferes Yisrael & Tos. Yom-Tov). They told R. Akiva - that R. Eliezer referred to whoever eats the bread of Kutim is considered as if he had eaten Chazir.
(b) In any event, R. Eliezer cannot have meant what he was quoted as saying literally - since whereas the latter receives Malkos min ha'Torah, the former receives Malkos only mi'de'Rabbanan.
(a) The Mishnah - permits bathing in a bathhouse that has been heated with straw or stubble of Shevi'is (see Tos. Yom-Tov).
(b) An important dignitary however - should desist from doing so (Ibid.).
***** Hadran Alach 'K'lal Gadol' (Basra) *****