AVODAH ZARAH 48 - Dedicated by Harav Gedaliah Weinberger shlit'a in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, a Holocaust survivor who raised his family in a new country, bequeathed his children a steadfast commitment to Torah and its study.

1)

(a)Our Mishnah now lists three 'Asheiros'. What does the Tana say in the case of a tree which one planted initially ...

1. ... as an Asheirah?

2. ... for one's personal use, and then pruned for the new branches to be worshipped?

(b)And what does he say about a case where one simply placed an Avodah-Zarah underneath a tree?

(c)What problem do we have with de'bei Rebbi Yanai, who, commenting on the middle case, requires that one actually grafts into or transplants, from an Asheirah into the tree itself, before one becomes obligated to remove the Isur?

(d)So how do we amend de'bei Rebbi Yanai's statement? If he is not referring to the Isur, then what is he referring to?

1)

(a)Our Mishnah now lists three 'Asheiros'. The Tana rules that, in the case of a tree which one planted initially ...

1. ... as an Asheirah - the tree is forbidden.

2. ... for one's personal use, and then pruned for the new branches to be worshipped - one needs only to remove what subsequently grew (see Tosfos 47b DH 'Gid'o ... ').

(b)Whereas if one simply placed an Avodah-Zarah underneath a tree - then the moment it is removed, the tree becomes permitted.

(c)The problem with de'bei Rebbi Yanai, who, commenting on the middle case, requires that one actually grafts into, or transplants, a branch of an Asheirah into the tree itself, before one becomes obligated to remove the Isur is that - our Mishnah specifically writes 'Gid'o u'Pislo', and says nothing about grafting or transplanting.

(d)So we amend de'bei Rebbi Yanai's statement to refer (not to the Isur, but) to Bitul, to teach us that even after grafting or transplanting, Bitul of what subsequently grows is sufficient (and it is not then necessary to be Mevatel the entire tree).

2)

(a)Shmuel rules that if someone prostrates himself before a tree, what subsequently grows is forbidden. How does Rebbi Elazar query him from our Mishnah, which speaks about 'Gid'o u'Pislo le'Shem Avodas-Kochavim'?

(b)To answer Shmuel, we establish our Mishnah like the Rabbanan. Which Rabbanan? Like whom does Shmuel then hold?

(c)Rav Ashi queries this however. He suggests that they will both agree that what subsequently grows is forbidden. In that case, the basis of their Machlokes lies in Pesukim in Devarim? What ...

1. ... does Rebbi Yossi b'Rebbi Yehudah learn from the word ve'Ashereihem (plural [in the Pasuk in Re'ei "ve'Ashereihem Tisrefun ba'Eish"])?

2. ... do the Rabbanan learn from the word "Tegade'un" (in the Pasuk in Eikev "ve'Ashereihem Tegade'un")?

(d)How will the Rabbanan then explain "ve'Ashereihem Tisrefun ba'Eish" (in the plural)?

2)

(a)Shmuel rules that if someone prostrates himself before a tree, what subsequently grows (the Tosefes) is forbidden. Rebbi Elazar queries him from our Mishnah which talks about 'Gid'o u'Pislo le'Shem Avodas-Kochavim' - implying that unless one makes such a change in the tree itself, the Tosefes is permitted.

(b)To answer Shmuel, we establish our Mishnah like the Rabbanan (who hold 'Ilan she'Not'o, ve'li'Besof Avdo, Mutar) - whereas Shmuel holds like Rebbi Yossi b'Rebbi Yehudah, who holds 'Asur'.

(c)Rav Ashi queries this however. He suggests that they will both agree that what subsequently grows is forbidden, and the basis of their Machlokes lies in Pesukim in Devarim. Whereas ...

1. ... Rebbi Yossi b'Rebbi Yehudah learns from the word "ve'Ashereihem" (plural [in the Pasuk in Re'ei "ve'Ashereihem Tisrefun ba'Eish"]) that - two kinds of Asheiros are Asur be'Hana'ah; one that was initially planted as an Asheirah, and one that was planted for the owner's personal use and worshipped later ...

2. ... and the Rabbanan learn from the Pasuk in Eikev "ve'Ashereihem Tegade'un" that - the Torah forbids only what grows after it has been cut, but not the original tree.

(d)According to the Rabbanan, the Torah writes "ve'Ashereihem Tisrefun ba'Eish" (in the plural) - with reference to all the Asheiros in the world (provided they were planted originally as Asheiros).

3)

(a)How does Rav Ashi explain the Sugya earlier in the Perek, where Rebbi Yossi b'Rebbi Yehudah learned 'Nat'o ve'li'Besof Avdo Asur' from "ve'Ashereihem Tegade'un" and the Rabbanan from "va'Ashereihem Tisrefun ba'Eish"?

(b)We try to refute Rav Ashi's explanation on the grounds that according to him, our Mishnah will not go like either Tana. Why will it not go like ...

1. ... the Rabbanan?

2. ... Rebbi Yossi b'Rebbi Yehudah?

(c)But we finally establish either Tana as the author. How could the author be ...

1. ... Rebbi Yossi b'Rebbi Yehudah? Why might 'Gid'o u'Pislo' be a plus factor with regard to the original tree, according to him?

2. ... the Rabbanan? Why might we have thought that even the original tree should be Asur, according to them?

3)

(a)Rav Ashi explains the Sugya above, where Rebbi Yossi learned that Nat'o ve'li'Besof Avdo Asur from "ve'Ashereihem Tegade'un" and the Rabbanan from "va'Ashereihem Tisrefun ba'Eish" - by switching the opinions of Rebbi Yossi b'Rebbi Yehudah and the Rabbanan.

(b)We try to refute Rav Ashi's explanation on the grounds that according to him, our Mishnah will not go like either Tana. It will not go like ...

1. ... the Rabbanan - because, according to them, the Tosefes is Asur even without 'Gid'o u'Pislo'.

2. ... Rebbi Yossi b'Rebbi Yehudah - because, according to him, even the original tree is Asur, so why does he need to mention the Tosefes.

(c)But we finally establish the Mishnah according to either Tana. The author might be ...

1. ... Rebbi Yossi b'Rebbi Yehudah - who is coming to teach us that in this case, the original tree is Mutar, since 'Gid'o u'Pislo' indicates that he intends to worship the Tosefes, and not what was there before.

2. ... the Rabbanan - who are coming to teach us that the original tree is Mutar even by 'Gid'o u'Pislo', where he performed an act on the tree.

4)

(a)The Tana Kama of our Mishnah defines Asheirah as any tree under which there is an Avodas-Zarah. What does Rebbi Shimon say?

(b)What did Rebbi Shimon instruct the people to do with regard to a tree in Tzidon which was worshipped, and under which they later found a pile of stones?

(c)Why did he then permit the tree?

4)

(a)The Tana Kama of our Mishnah defines Asheirah as any tree under which there is an Avodah-Zarah - whereas Rebbi Shimon forbids the tree only if it is actually worshipped.

(b)With regard to a tree in Tzidon which was worshipped, and under which they later found a pile of stones, Rebbi Shimon instructed the people - to examine the pile.

(c)He then permitted the tree - because they found an image hidden in the pile (indicating that the tree was not worshipped).

5)

(a)What problem do we have with our Mishnah's question and answer 'Eizehu Asheirah ... '?

(b)How do we solve it?

(c)In answer to the question 'Eizo hi Asheirah S'tam', Rav replies that it is a fruit-tree under which the priests sit and decline to eat its fruit. What does Shmuel say?

(d)What did the elders of Pumbedisa say to Ameimar in this regard?

5)

(a)The problem with our Mishnah's question and answer 'Eizehu Asheirah ... ' is that - the Tana already listed three kinds of Asheirah, and the one cited here is one of those three?

(b)And we answer that the Mishnah is teaching us here that - the third category listed above is subject to a Machlokes between the Tana Kama and Rebbi Shimon.

(c)In answer to the question 'Eizo Hi Asheirah S'tam', Rav replies that it is a fruit-tree under which the priests sit and decline to eat its fruit. According to Shmuel however - it is sufficient if they declare those dates to be dedicated to 'bei Nitzrefi' (the name of an idol), in which case they add beer into the dates, and drink it on their festival.

(d)The elders of Pumbedisa said to Ameimar - 'Hilch'sa ki'Shemuel'.

48b----------------------------------------48b

6)

(a)What does our Mishnah say about sitting in the shade of an Asheirah?

(b)How will we explain this ruling, based on the continuation of the Mishnah 've'Im Yashav Tahor'? Where is the shade in question located?

(c)The Mishnah then forbids passing underneath the branches of an Asheirah. What if one did?

(d)On what basis does the Tana add that if the branches of the tree overhang a public domain, he remains Tahor?

6)

(a)Our Mishnah - prohibits sitting in the shade of an Asheirah (see Tosfos DH 'Lo Yeishev').

(b)Based on the continuation of the Mishnah 've'Im Yashav Tahor' - the Tana must be referring to sitting in the shade that extends outside the tree (and not underneath it).

(c)The Mishnah then forbids passing underneath the branches of an Asheirah. Someone who did - is Tamei.

(d)And the Tana adds that if the branches of the tree overhang a public domain, he remains Tahor - because the Isur is only mi'de'Rabbanan.

7)

(a)It is obvious that sitting in the shade of an Asheirah is forbidden, so Rabah bar bar Chanah Amar Rebbi Yochanan establishes our Mishnah by Tzeil Tzilah. What is ...

1. ... Tzeil Tzilah?

2. ... Tzeil Komasah (which we are about to discuss)?

(b)Why can we not extrapolate from Rebbi Yochanan that if someone sits be'Tzeil Komasah, he is Tamei?

(c)In the second Lashon, we query the Seifa 've'Im Yashav Tahor', which seems to be obvious. What does Rabah bar bar Chanah Amar Rebbi Yochanan answer this time?

(d)Why can we not extrapolate from here that sitting be'Tzeil Tzilah is permitted?

7)

(a)It is obvious that sitting in the shade of an Asheirah is forbidden, so Rabah bar bar Chanah Amar Rebbi Yochanan establishes our Mishnah by Tzeil Tzilah ...

1. ... the shade that stretches beyond that of the actual height of the tree, as opposed to ...

2. ... Tzeil Komasah (which we are about to discuss) is - the shade that stretches outside the tree, but only the distance equivalent to the actual height of the tree.

(b)We cannot extrapolate from Rebbi Yochanan that if someone sits be'Tzeil Komasah, he is Tamei - because the Tana needs to present the case of Tzeil Tzilah, to teach us that even that is Asur Lechatchilah.

(c)In the second Lashon, we query the Seifa 've'Im Yashav Tahor', which seems to be obvious. This time, Rabah bar bar Chanah Amar Rebbi Yochanan answers that in fact - the Seifa is speaking in a case of 'be'Tzeil Komasah'.

(d)We cannot however, extrapolate from here that sitting be'Tzeil Tzilah is permitted - because the Tana needs to present the case of Tzeil Komasah, to teach us that even there the person who sat there is Tahor.

8)

(a)Why does our Mishnah prohibit passing underneath an Asheirah?

(b)The author of our Mishnah must therefore be Rebbi Yehudah ben Beseira. What does he learn from the Pasuk in Tehilim "va'Yitzamdu le'Ba'al Pe'or, Va'yochlu Zivchei Meisim"?

8)

(a)Our Mishnah prohibits passing underneath an Asheirah - because there are bound to be sacrifices of Avodah-Zarah there.

(b)The author of our Mishnah must therefore be Rebbi Yehudah ben Beseira, who learns from the Pasuk in Tehilim "va'Yitzamdu le'Ba'al Pe'or, Va'yochlu Zivchei Meisim" that - sacrifices of Avodas-Kochavim are Metamei be'Ohel like corpses.

9)

(a)In response to the She'eilah whether 'Ve'avar Tachtehah' with regard to a public domain is specifically 'Bedi'eved', or whether it is even permitted 'Lechatchilah', Rebbi Yitzchak ben Elazar in the name of Chizkiyah rules even 'Lechatchilah'. What does Rebbi Yochanan say?

(b)What do we mean when we say 've'Lo P'ligi'? How is that possible?

(c)What problem do we have with Rav Sheishes, who instructed his servant to run past such a spot? Why is it ''mi'Mah Nafshach' difficult?

(d)We conclude that there was in fact, no alternative route. Then why did Rav Sheishes instruct him to run?

9)

(a)In response to the She'eilah whether 'Ve'avar Tachtehah' with regard to a public domain is specifically 'Bedi'eved', or whether it is even permitted 'Lechatchilah', Rebbi Yitzchak ben Elazar in the name of Chizkiyah rules even 'Lechatchilah' - whereas Rebbi Yochanan explains Bedi'eved (as implied by the wording of the Mishnah).

(b)When we say 've'Lo P'ligi', we mean that - Rebbi Yochanan speaks where there is an alternative route (see Tosfos DH 'I de'Ika'), whereas Chizkiyah speaks where there is not.

(c)The problem with Rav Sheishes, who instructed his servant to run past such a spot was - that 'mi'Mah Nafshach', if there was another route, then why did he permit him to use that one (even on condition that he ran); and if there was not, then why did he tell him to run?

(d)We conclude that there was in fact, no other route, yet Rav Sheishes instructed him to run - because in his capacity as Rav Sheishes' servant, he was an important man, who is expected to be more Machmir in matters that are liable to cause suspicion than others.

10)

(a)We already discussed the next Mishnah, where the Tana Kama permits planting vegetables under an Asheirah in the winter, but not in the summer. What does he say about sowing lettuce?

(b)On what grounds does Rebbi Yossi forbid even vegetables in the winter?

10)

(a)We already discussed the next Mishnah, where the Tana Kama permits planting vegetables under an Asheirah in the winter, but not in the summer - though he forbids sowing lettuces even in the winter (since the shade is always good for lettuces).

(b)Rebbi Yossi forbids even vegetables in the winter - because the leaves that drop off the tree make good fertilizer for them.

11)

(a)Bearing in mind that the ground, as well as the fallen leaves, cause the vegetables to grow, what is the basis of the Machlokes between the Tana Kama and Rebbi Yossi?

(b)Rebbi Yossi learned earlier in the Perek that one may grind the Avodah-Zarah and scatter its dust in the wind. What do the Rabbanan say?

(c)How does this pose a Kashya on our Mishnah?

(d)How do we resolve the discrepancy in Rebbi Yossi? What makes our case worse than the earlier one

11)

(a)Bearing in mind that the ground, as well as the fallen leaves, cause the vegetables to grow, the basis of the Machlokes between the Tana Kama and Rebbi Yossi is - whether where a combination of Isur and Heter cause something to grow ('Zeh ve'Zeh Gorem'), is Asur (Rebbi Yossi), or Mutar (the Rabbanan).

(b)Rebbi Yossi learned earlier in the Perek that one may grind an Avodah-Zarah and scatter its dust in the wind. The Rabbanan - prohibit this because the dust will then settle and fertilize growing plants ...

(c)... from which it seems that the Rabbanan are the ones to hold 'Zeh ve'Zeh Gorem Asur', whilst Rebbi Yossi holds 'Mutar' (posing a Kashya on our Mishnah).

(d)We resolve the discrepancy in Rebbi Yossi - by differentiating between the dust, which basically dissipates on the one hand, and the leaves, which settle on the ground and remain intact.

12)

(a)Left with a discrepancy in the Rabbanan, how do we initially reconcile the two Mishnahs, killing two birds with one stone? What will each opinion now hold throughout?

(b)What will then happen to our previous explanation in Rebbi Yossi (differentiating between the dust and the leaves)?

(c)Alternatively, leaving our Mishnah intact, we answer the Kashya on the Rabbanan by citing Rav Mari b'rei de'Rav Kahana. What does Rav Mari b'rei de'Rav Kahana say, to explain why one may not flay Pesulei ha'Mukdashin beginning with the legs, despite the fact that this method preserves the skin?

(d)How does this explain the Rabbanan in our Sugya?

(e)What will the Rabbanan in fact hold regarding 'Zeh ve'Zeh Gorem'?

12)

(a)Left with a discrepancy in the Rabbanan, we initially kill two birds with one stone - by switching the opinions in our Mishnah, so that Rebbi Yossi permits planting vegetables in the winter and the Rabbanan forbid it ...

(b)... in which case, we will have to discard our previous explanation in Rebbi Yossi (differentiating between the dust and the leaves).

(c)Alternatively, leaving our Mishnah intact, we answer the Kashya on the Rabbanan by citing Rav Mari b'rei de'Rav Kahana, who explains that one may not flay Pesulei ha'Mukdashin beginning with the legs (despite the fact that this method preserves the skin) - because what one gains with the skin, one loses with the flesh (which becomes spoilt by employing this method [and it is forbidden to cause Hekdesh a loss]).

(d)In our case too, the Rabbanan hold that what the vegetables gain from the leaves, they lose from the shade of the tree (in which case there is no Gorem Lehachmir, and it does not fall into the category of 'Zeh ve'Zeh Gorem').

(e)In fact, the Rabbanan hold - 'Zeh ve'Zeh Gorem, Asur' (like Rebbi Yossi).

13)

(a)In a Mishnah in Orlah, Rebbi Yossi permits planting a branch of Orlah, but not a nut of Orlah. What is the basis for this distinction?

(b)What does Rav Yehudah Amar Rav say Rebbi Yossi holds in a case of Bedi'eved, in the event that one did plant the nut? Why is that?

(c)We support this with a Beraisa. What does the Tana say about Rebbi Yossi's opinion, there where one planted, grafted or transplanted the nut?

13)

(a)In a Mishnah in Orlah, Rebbi Yossi permits planting a branch of Orlah, but not a nut of Orlah. This is based on the fact that - it is the fruit of Orlah exclusively which the Torah forbids, and not the wood.

(b)According to Rav Yehudah Amar Rav, Rebbi Yossi holds that - Bedi'eved, in the event that one did plant the nut, it is permitted, because he holds 'Zeh ve'Zeh Gorem, Mutar'.

(c)We support this with a Beraisa, which maintains - that Bedi'eved, if one planted, grafted or transplanted the nut - Rebbi Yossi concedes that, the tree that subsequently grows is permitted.

14)

(a)How else might we interpret 'she'Im Nata ve'Hivrich ve'Hirkiv, Mutar'?

(b)On what grounds do we refute this explanation?

(c)So how do we answer the discrepancy in Rebbi Yossi between Orlah and Avodah-Zarah?

14)

(a)Alternatively, we might interpret 'she'Im Nata ve'Hivrich ve'Hirkiv, Mutar' to mean (not 'or', but) 'and', meaning that after he planted the nut and it grew, he then grafted or transplanted it.

(b)We refute this explanation however - because seeing as the planted nut is already a case of 'Zeh ve'Zeh Gorem', why it is necessary to add that he grafted or transplanted it (see Tosfos DH 'she'Im Nata').

(c)To answer the discrepancy in Rebbi Yossi between Orlah and Avodah-Zarah - we explain that he is stringent in our Mishnah due to the Chumra of Avodah-Zarah. In general though, he holds 'Zeh ve'Zeh Gorem, Mutar'.

15)

(a)One Beraisa permits a field that has been fertilized with the manure of Avodah-Zarah. What does the Tana say there about a cow that was fattened with oats of Avodah-Zarah?

(b)And what does another Beraisa say about both cases?

(c)How do we now reconcile the first Beraisa with the current Sugya (where even Rebbi Yossi concedes 'Zeh ve'Zeh Gorem Asur' by Avodah-Zarah)? If Rebbi Yossi is not the author, then who is?

15)

(a)One Beraisa permits a field that has been fertilized with the manure of Avodah-Zarah - and the same applies to a cow that was fattened with oats of Avodah-Zarah.

(b)Another Beraisa - requires the field to be left fallow, and the cow to be starved until it becomes thin.

(c)We reconcile the first Beraisa with the current Sugya (where even Rebbi Yossi concedes 'Zeh ve'Zeh Gorem Asur' by Avodah-Zarah) - by establishing the author as Rebbi Eliezer (which we will now proceed to prove).

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