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OBLIGATING A FIG TREE IN A COURTYARD (Yerushalmi Ma'asros Perek 3 Halachah 4 Daf 16b)

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(a)

(Mishnah): If a fig tree is standing in a courtyard, he may eat one fig at a time and be exempt, but if he combines them, they are obligated.

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(R. Shimon): He may have one in each hand and one in his mouth and still be exempt. He may climb to the top of the tree and fill his bosom and eat.

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(b)

(R. Tarfon): If a vine is planted in a courtyard, he may take an entire cluster (and eat without tithing). The same applies to a pomegranate and a watermelon.

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(R. Akiva): He may eat them grape by grape, seed by seed from the pomegranate or piece by piece from the watermelon.

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2.

If coriander is planted in a courtyard, he may pick leaf by leaf and eat; but if he combines them, they are obligated.

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(c)

Si'ah, Eizov and Koranis (different type of hyssop) in a courtyard; if they were protected (and therefore not ownerless) they are obligated.

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(d)

If a fig tree was standing in a courtyard and leaning into a garden, a person may eat in the usual way and is exempt.

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1.

If it was standing in a garden and leaning into a courtyard, he may eat them one at a time; but if he combined them, he is obligated.

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(e)

If it was standing in Eretz Yisrael and leaning into Chutz LaAretz or vice-versa, everything follows the location of the trunk.

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Concerning houses of walled city, everything follows the trunk.

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2.

Concerning Cities of Refuge, everything follows the foliage.

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3.

Concerning the limits of Yerushalayim, everything follows the foliage.

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(f)

(Gemara) (Baraisa): (If a person has already picked one fig, but hasn't yet eaten it) they give him time to bruise the first fig up to three times (to make it edible; and then pick a second fig before eating the first one).

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(g)

(R. Yona citing R. Zeira explains): If he picked the second one within the bruising time of the first one, they combine.

(h)

Question (R. Yirmiyah): If he threw the first fig above ten Tefachim (from the ground) and before it fell below ten, he picked a second one, do they both become Tevel (or since he picked the second before the first fell, they don't combine)? (The Gemara leaves this question unanswered.)

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(i)

(R. Elazar bei R. Shimon): He may have three in each hand and three in his mouth and he is still exempt.

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Since R. Elazar bei R. Shimon would eat many figs, he evaluated that for himself, that amount does not combine.

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(j)

R. Elazar bei R. Shimon went to the house of his father in law, R. Yosi ben Lekunia, who poured cup after cup, and he drank them in one shot.

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(R. Yosi to R. Elazar): Didn't you hear from your father how many swigs a person must take from a cup of wine, (rather than drink it in one shot)?

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(R. Elazar to R. Yosi): Undiluted wine - in one swig; when diluted with cold water, in two swigs; with hot water, in three swigs - but the Chachamim didn't evaluate regarding your wine, which is very pleasant; nor according to your cup, which is small; nor with my stomach, which is broad.

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(k)

R. Yehoshua ben Karcha shouted to R. Elazar, "Vinegar son of wine!'' R. Elazar said, "Why are you shouting at me that way?'' R. Yehoshua said, "As you should have run away to Ludkia''. (He was referring to when R. Elazar was appointed by the Romans to catch Jewish thieves and hand them over to the authorities. See Bavli Bava Metzia 83b) R. Elazar said, "Didn't I wipe out evildoers from the world?'' R. Yehoshua said, "You should have gone to the end of the world rather than it. Leave it to the Owner of the garden (the Almighty) to cut down His thorns!''

(l)

Question: (The Mishnah taught that he may climb to the top of the tree and fill his bosom and eat.) If a fig fell down into the courtyard, is it permitted to return it to the top of the tree and eat it there?

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(m)

Suggestion (Tosefta): If a person brought figs from the field to eat in an unprotected courtyard and he forgot and brought them into the house; he may return them to the courtyard and eat. The same should apply here.

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(n)

Rebuttal: There, he returned it to an exempt place; here, figs in a tree above 10 Tefachim are considered to be in the courtyard, although in a different domain. However, once they were brought down, they became obligated.

(o)

Which case compares to the Baraisa? If he is standing on the top of the fig tree, since he is in another domain.

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(p)

Question: For Shichechah, is it like standing in the city or like standing inside the courtyard?

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(q)

Answer: Bring a proof from a similar case - the Tosefta says - if a person was standing in his field and he said, "I know that the workers forget the sheaves in a certain place'' and they forgot them there, they are not Shichechah.

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If he was standing in the city and he said, "I know that the workers forget the sheaves of a certain place'' - if they then forgot them, they are still Shichechah, as the pasuk states (Devarim 24:2), "in the field, and you will forget'' - but not in the city. (The Gemara is unclear as to which of the case our question is similar. The Gemara leaves the question unanswered.)