ZEVACHIM 78 (17 Tamuz) - Dedicated in honor of the birthday of Mairav Linzer.

1)

NOVALOS (UNRIPE DATES) (Yerushalmi Demai Perek 1 Halachah 1 Daf 2a)

úðé øáé éåñé á"ø éäåãà äðåáìåú äðîëøåú òí äúîøéí äøé àéìå (ôèåøåú)[çééáåú]

(a)

Baraisa (R. Yosi b'R. Yehuda): Unripe dates that are sold with regular dates are obligated.

[ãó â òîåã á (òåæ åäãø)] îä ùúé ÷åôåú æå áöã æå àå ùúé ÷åôåú æå òì âá æå ìà

(b)

Question: (What is the meaning of 'with regular grapes"?) Is it when two boxes were next to each other, one with regular grapes and one with unripe grapes? (Since they are all sold together, it is clear that he hasn't declared them ownerless.) Or alternatively, is it only when one is on top of the other that they are obligated, as they appear like one; but if next to each other, they would be viewed as separate and would be exempt...?

ùðéé' äéà æå áöã æå åäéà æå òì âá æå àìà ëé àðï ÷ééîéï áîòåøáåú

(c)

Answer: In both cases, the unripe dates are certainly exempt; it is when they are mixed together in a box that we say that they are obligated, as it clearly indicates that he did not make them Hefker.

ëùäèéìå ùàåø àå ëùìà äèéìå ùàåø

(d)

Question: (According to R. Yosi, are the unripe dates exempt) even if they began to swell (which is the stage when dates usually become obligated in Maaseros) or only before that?

øáé îðà àîø ëùäèéìå ùàåø àðï ÷ééîéï

(e)

Answer (R. Mana): Even when they began to swell.

àí ëùäèéìå ùàåø áôðé òöîï éäå çééáåú

(f)

Question: If they began to swell, they are themselves obligated (even without mixing them)?

ìéú éëåì ãàîø øáé éåçðï îôðé ùøåá äîéðéï äàéìå áàéï îï ääô÷ø ìôéëê îðå àåúï çëîéí

(g)

Answer: They are not themselves obligated because they are amongst the fruits about which the Chachamim were lenient, as R. Yochanan said (Zevachim 76(c)), that the Chachamim gave that list (in our Mishnah) since most of those species come from Hefker.

øáé çðéðà àîø ëùìà äèéìå ùàåø àðï ÷ééîéï

(h)

(R. Chanina): (Disagreeing with R. Mana) R. Yosi spoke only about before they began to swell.

àí ëùìà äèéìå ùàåø àôéìå áîòåøáåú éäå ôèåøéï

(i)

Question: If so, even if they were mixed they should be exempt?

ìéú éëéì ãàîø øáé éùîòàì á"ø éåñé îùåí àáéå àùëåì ùáéëø áå âøâéø éçéãé ëåìå çéáåø ìîòùøå'

(j)

Answer: You cannot say this, as R. Yishmael b'R. Yosi said from his father that if a single grape seed ripened on a cluster (and became obligated in Maaseros), all of the cluster becomes obligated. The same applies to unripe dates - as soon as one swelled, they all become obligated.

øáé éåñé á"ø áåï àîø ø"æ åøáé çéìà çã àîø ëäãéï åçã àîø ëäãéï

(k)

(R. Yosi b'R. Bun): R. Zeira and R. Chila also disagreed over the same dispute as R. Mana and R. Chanina.

åçëîéí àåîøéí ìà ëãáøé æä åìà ëãáøé æä àìà (àôéìå)[àìå] ùäèéìå ùàåø çééáåú åùìà äèéìå ùàåø ôèåøåú

(l)

(Chachamim): It is not like either of them (as there is no difference whether the unripe and ripe dates are mixed or separate); rather, the dates that swelled are obligated and those that did not swell are exempt.

åäâåôðï ùîéøä îä áéï éäåãà áéï âìéì

(m)

Question: Amongst the Mishnah's list was 'Gufnan' - late grapes. These are known as 'Shomirah'. Does this exemption apply both in the regions of Yehuda and Galil or only in the Galil? (The Mishnah differentiated between these places only after Gufnan was mentioned.)

îï îä ãîúìéï ìä îúì áâìéìà [ãó ã òîåã à (òåæ åäãø)] ùåîøä ùîø îøä îàï îúì ìê òí úáìééà äãà àîøä áâìéì ôèåø åáéäåãà çééá

(n)

Answer: According to the parable they say in the Galil, 'Shomirah'- "Shamar Marah" - the owner guards it; but who would compare it to spices? (It is insignificant when compared to spices.) - this shows that in the Galil it is exempt and in Yehuda it is obligated.

ëåñáøä ëåñáøúä îä áéï éäåãà áéï âìéì îï îúìéê òí úáìééà äãà àîøä áâìéì çééáú åáéäåãä ôèåøä

(o)

The Mishnah mentioned Kusbarah - that is Kusbarta (coriander) - from the parable of spices, it shows that in the Galil it is obligated and in Yehuda it is exempt.

úðéà àîø øáé éäåãä áøàùåðä äéä çåîõ ùáéäåãä ôèåø îï äîòùøåú ùäéå òåùéï ééðï áèäøä ìðñëé åìà äéä îçîéõ åäéå îáéàéï îï äúîã åòëùéå ùäééï îçîéõ çééá

(p)

Baraisa (R. Yehuda): Originally, the vinegar in Yehuda was exempt from Maaseros - since they would produce their wine in purity for the wine libations of the Temple, they were blessed that it never became vinegar and they would rather produce vinegar from pouring water on the grape pits (known as Temed). Such vinegar is exempt from Maaseros. But nowadays (that we do not have the merit of the libations) wine does turn to vinegar and it is obligated in Maaseros.

îçìôà ùéèúéä ãø' éäåãà ãúðéðï úîï äîúîã åðúï áîéí áîéãä åîöà ëãé îéãúå ôèåø åøáé éäåãà îçééá åëà äà àîø äëéï

(q)

Question: The opinion of R. Yehuda seems to have switched - in Maseches Maaseros (5:6) the Mishnah teaches that one who pours water on grape pits and finds afterwards that the same quantity of water remained (as it was not absorbed into the pits), the liquid is exempt from Maaseros (as it remained only water). R. Yehuda obligates it (since it has a taste of grapes and the pits are obligated in Maaseros). However, here R. Yehuda said that Temed is exempt?

àîø øáé ìà áøàùåðä äéå òðáéí îøåáåú åìà äéå çøöðéí çùåáåú åòëùéå ùàéï òðáéí îøåáåú çøöðéí çùåáåú

(r)

Answer (R. Ila): (Really Temed is obligated in Maaseros but here) originally, there was an abundance of grapes, so the pits were insignificant; nowadays that the grapes are not in abundance, the pits are significant.

ø' äåðà à"ø éøîéä áòé ìéú äãà ôìéâé òì ø"ù áï ì÷éù

(s)

Question (R. Huna citing R. Yirmiyah): Doesn't R. Ila's answer disagree with Reish Lakish (earlier Zevachim 76(d)) who said about all of the cases in the Mishnah that the Chachamim only taught Demai, but definite (untithed produce) is obligated in Maaseros. But according to R. Ila, the Mishnah's case of vinegar refers to Temed, which is definitely untithed, but is still exempt for a different reason? (The Gemara leaves this question unanswered.)

åéøáå ëì äøîåðéí òì øéñé ù÷îà åéäéå ôèåøéï

(t)

Question: (R. Yehuda said in the Mishnah that all Rimin are exempt, except for Rimin of Shikmonah.) (Why would the Rimin of Shikmonah be obligated? Since most of the Rimin come from Hefker, anywhere that one would want to buy Rimin, even if there might be a minority of Rimin of Shikmonah sold there) the majority should Mevatel (negate) the minority and they should be exempt?

à"ø éåñé [ãó ã òîåã á (òåæ åäãø)] úéôúø áî÷åí ùøåá îùîøéï

(u)

Answer (R. Yosi): R. Yehuda is discussing a place where most people guard Shikmonah Rimin.

øáé éåñé á"ø áòé åàéï ëì äòåìí ìôðéå åéøáå ëì äøéîåï ùáòåìí òì øéîé àåúå äî÷åí åéäéå ôèåøéí:

(v)

Question (R. Yosi b'Rebbi.): Even in Shikmonah, most Rimin come from elsewhere and we should even follow the majority there and everything should be exempt? (The Gemara leaves the question unanswered.)