[62a - 24 lines; 62b - 33 lines]

PEREK #5 HA'SOCHER ES HA'PO'EL

1)[line 7]לגינוLEGINO- his bottle, flask [of Yayin Nesech]

2)[line 9]ערלהORLAH

(a)In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.

(b)If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkus. (RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

(c)Although it is forbidden to benefit from fruits of Orlah, if one transgresses and sells the fruits, the money that he receives in return is not forbidden, as our Gemara teaches.

3)[line 10]וכלאי הכרםKIL'EI HA'KEREM

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.

(b)KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "לֹא תִזְרַע כַּרְמְךָ כִּלְאָיִם; פֶּן תִּקְדַּשׁ הַמְלֵאָה הַזֶּרַע אֲשֶׁר תִּזְרָע וּתְבוּאַת הַכָּרֶם" "Lo Sizra Karmecha Kil'ayim; Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkus. (See Background to Bava Basra 36:4.)

(c)The grapevines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah states, "Pen Tikdash ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (RAMBAM Hilchos Kil'ayim 5:7).

(d)Although it is forbidden to benefit from fruits of Kil'ei ha'Kerem, if one transgresses and sells the fruits, the money that he receives in return is not forbidden, as our Gemara teaches.

4)[line 10]מכרן וקידש בדמיהן, מקודשתMACHRAN V'KIDESH BI'DEMEIHEN MEKUDESHES- if he sold them and married a woman with the money, she is married to him (see Background to Kidushin 2:1:II:b)

5)[line 11]ותופס את דמיו כעבודת כוכביםTOFES ES DAMAV K'AVODAS KOCHAVIM- it (the Yayin Nesech) takes hold of its money (the prohibition of benefiting from Yayin Nesech is transferred to the money received in exchange for Yayin Nesech or in return for working with Yayin Nesech) just like Avodas Kochavim (whereby the prohibition of benefiting from an object of Avodah Zarah is transferred to the money paid in exchange for it)

6)[line 12]שביעית, דתופסת את דמיהSHEVI'IS D'TOFESES ES DAMEHA - Shevi'is, the Kedushah of which takes hold of its money (SHEVI'IS: TOFESES DAMAV)

(a)See Background to Avodah Zarah 50:19.

(b)When one sells fruit of Shevi'is, the Kedushah of the fruit is transferred to the money paid in exchange for it (the fruit itself remains Kadosh as well).

7)[line 13]הילך דינר זהHEILACH DINAR ZEH- take this Dinar coin ("Hei Lach" - lit. here it is for you [to take])

8)[line 14]לקוט לי בו ירק היום, שכרו אסורLEKOT LI BO YEREK HA'YOM; SECHARO ASUR - sell to me, for the Dinar, a vegetable today (lit. "pick for me" a fruit of the value of this Dinar); in such a case, his wage (the Dinar) is forbidden (BI'UR)

(a)See Background to Avodah Zarah 50:19.

(b)When each type of produce of Shevi'is is no longer available in the fields, there is an obligation to perform Bi'ur on it and on all of the items for which it was exchanged (Pesachim 52a). The Rishonim argue with regard to the definition of Bi'ur.

1.The RAMBAN (to Vayikra 25:7) writes that one is obligated to remove the items from his house and declare them Hefker (ownerless) such that they may be taken by any passerby. (One may later reacquire ownership of the produce.) If Bi'ur was not done at the right time, the produce becomes Asur b'Hana'ah mid'Rabanan.

2.According to the RAMBAM (Hilchos Shemitah 7:3), Bi'ur means to destroy the produce completely. At the time that it is no longer available in the fields, eating it becomes prohibited.

3.The RA'AVAD (ibid.) rules that there are two types of Bi'ur. At the time that an item of produce becomes unavailable in the fields in a certain place, one must declare it Hefker (like the opinion of the Ramban). At the time that it becomes unavailable in all of Eretz Yisrael, one must destroy the produce completely (like the opinion of the Rambam).

(c)The laws of Bi'ur also apply to money received in exchange for Shevi'is fruit (i.e. the money must be used to buy food which must then be eaten before the time of Bi'ur passes).

9)[line 15]לקוט לי ירק היום, שכרו מותרLEKOT LI YEREK HA'YOM; SECHARO MUTAR- pick for me a vegetable today; in such a case, his wage (the Dinar) is permitted

10)[line 16]בחמריןCHAMARIN- donkey-drivers (who do work with Shevi'is fruit, such as transporting them)

11)[line 20]"לְאָכְלָה" ולא לסחורה"L'OCHLAH" V'LO LI'SECHORAH- the verse states, "l'Ochlah" - "to be eaten" (Vayikra 25:6), with regard to the produce of Shevi'is, teaching that it is ours to be eaten. The Chachamim infer from this verse that the produce of Shevi'is is "to be eaten, but not to be traded."

12)[line 20]דקדוש שכרן בקדושת שביעיתKADOSH SECHARAN BI'KEDUSHAS SHEVI'IS- their wages are consecrated with the sanctity of Shevi'is (and must be treated accordingly)

62b----------------------------------------62b

13)[line 1]העלה לי פירות הללו לירושליםHA'ALEH LI PEIROS HALALU L'YRUSHALAYIM - bring up these fruits for me to Yerushalayim (MA'ASER SHENI)

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a). The produce may not be eaten until all Terumos and Ma'asros have been separated from it.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth, and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption - see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.

(e)Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

14)[line 1]לחלקL'CHALEK- to divide (that is, the person who transports the fruit of Ma'aser Sheni to Yerushalayim will receive a portion of the fruit as his payment)

15)[line 5]דלא נפיש אגריהD'LO NAFISH AGREI- that his wage is not large

16)[line 8]לסתם יינןSTAM YEINAN (STAM YEINAN: ISURA CHAMUR / TUM'ASO KIL)

(a)Wine that was poured as an idolatrous libation is called Yayin Nesech and is Asur b'Hana'ah. This is derived from the verse, "אֲשֶׁר חֵלֶב זְבָחֵימוֹ יֹאכֵלוּ, יִשְׁתּוּ יֵין נְסִיכָם" "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.

(b)The Chachamim prohibited the wine of a Nochri that was not poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah, even though it is only an Isur mid'Rabanan. This severe nature of the prohibition is referred to as "Isura Chamur."

(c)However, Stam Yeinam is not completely like Yayin Nesech. Yayin Nesech is Metamei like Tum'as Mes, while Stam Yeinam is Metamei only like Tum'as Ochlin. This is referred to as "Tum'aso Kil" (its Tum'ah is less severe; see Background to Nazir 54:13).

17)[line 11]דאגר ארביהD'AGAR ARBEI- who rented out his boat

18)[line 12]יהבו ליה חיטי באגראYAHAVU LEI CHITEI B'AGRA- they gave him wheat as payment

19)[line 13]זיל קלינהו וקברינהו (בקברי) [בי קברי]ZIL KALINHU V'KAVRINHU (B'KIVREI) BEI KIVREI- go burn them (the wheat) and bury them in a cemetery

20)[line 14]בדרינהוBADRINHU- scatter them

21)[line 14]אתו בהו לידי תקלהASU BEHU L'YDEI TAKALAH- the scattered wheat will cause people to transgress (lit. they (the people) will come, by way of them (the wheat), to transgression)

22)[line 15]דלמא מזבלי בהוDILMA MEZABLEI BEHU- perhaps they will fertilize [their fields] with them

23)[line 16]אחד אבן שנסקל בה, ואחד עץ שנתלה עליוECHAD EVEN SHE'NISKAL BAH, V'ECHAD ETZ SHE'NISLEH ALAV... - both the stone with which one was stoned, and the tree upon which one was hanged... (ARBA MISOS BEIS DIN)

(a)Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1.Sekilah (stoning, whereby the transgressor is thrust down from the height of two stories, and then (if he is still alive) a large rock is thrown down upon him). Some examples of sins for which Sekilah is administered: desecrating the Shabbos; idol worship; cursing (Chas v'Shalom) G-d; bestiality; sodomy; certain illicit relations (Sanhedrin 53a). After the offender punished by Sekilah perishes, body is hung momentarily upon a tree (Devarim 21:22-23; see Sanhedrin 45b).

2.Sereifah (burning with molten lead, which is poured down the throat). Sereifah is administered for certain illicit relations (Sanhedrin 75a).

3.Hereg (killing with a sword) (Sefer ha'Chinuch #50). Hereg is administered for Avodah Zarah, when performed along with most of the inhabitants of an Ir ha'Nidachas, and for murder (Sanhedrin 76b).

4.Chenek (strangulation) (Sefer ha'Chinuch #47). Chenek is administered for wounding one's parents; Zaken Mamrei; Navi Sheker; certain illicit relations (Sanhedrin 84b).

(b)According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sereifah, Sekilah, Chenek, and Hereg.

24a)[line 18]סייףSAYIF- sword

b)[line 18]סודרSUDAR- the strap of cloth used for Chenek (see previous entry)

25)[line 19]בבי דינאB'VEI DINA- in [the cemetery of] Beis Din (as the Mishnah Sanhedrin 46a states, "Two cemeteries were designated for [those who were killed by] Beis Din: one for those who were hanged and choked and one for those who were stoned and burned." Since it is obvious that any objects unearthed in these cemeteries are Asur b'Hana'ah, we need not be concerned that anyone will come to benefit from them - RASHI)

26)[line 21]אימר אינש גנב ואייתי (קברא) [קברינהו]הכאEIMAR INISH GANAV V'AISI (KIVRA) KAVRINHU HACHA- it is possible for someone to say (i.e. think), "a thief must have stolen [this wheat] and brought it [into this cemetery] and buried it here"

27)[line 22]דבי רבי ינאיD'VEI REBBI YANAI- the house of Rebbi Yanai (the members of which were known to be wealthy - see Kidushin 11a)

28a)[line 22]יזפיYAZFEI- they borrowed [fruits of Shevi'is] (RASHI)

b)[line 23]ופרעוPAR'U- they (the house of Rebbi Yanai) paid back [fruits of the eighth year] (RASHI)

29)[line 24]יאות הן עבדיןYA'US HEN AVDIN- they are conducting themselves properly

30)[line 24]וכנגדן באתנן מותרKENEGDAN B'ESNAN MUTAR - and a similar case with regard to Esnan (the wage of a harlot, e.g. a sheep) is permitted [to be offered upon the Mizbe'ach] (ESNAN)

(a)An Esnan is an item given to a harlot for her wage, which may not be brought as a Korban (sacrifice), as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban.

(b)When a person gives a harlot her wage some time after the fact, it is not considered an Esnan, but rather a mere present. As such, it is not prohibited to be brought as a Korban.

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