1)

VARYING PURPOSES WHEN PLANTING (Yerushalmi Ma'asros Perek 4 Halachah 4 Daf 20a)

îùðä ëåñáø ùæøòä ìæøò éø÷ä ôèåø. æøòä ìéø÷ îúòùø æøò åéø÷.

(a)

(Mishnah): If coriander was sown for its seed, its leaves are exempt. If sown for its leaves, its seed and leaves are tithed.

øáé ìéòæø àåîø äùáú îúòùø æøò åéø÷ åæéøéí

(b)

(R. Eliezer): The seeds, leaves and stems of dill must be tithed.

åçëîéí àåîøéí àéðå îúòùø æøò åéø÷ àìà äùçìééí åäâøâø áìáã.

(c)

(Chachamim): (Disagree) Only in the case of cress and rocket are the seed and leaves tithed.

[ãó ìå òîåã á (òåæ åäãø)] ø''â àåîø úîøåú ùì úìúï åùì çøãì åùì ôåì äìáï çééáåú áîòùø.

(d)

(Rabban Gamliel): Buds of fenugreek, mustard and white beans are obligated in Maaser.

øáé ìéòæø àåîø äöìó îúòùø úîøåú [åàáéåðåú] å÷ôøñ

(e)

(R. Eliezer): The buds, the berries and the husks of the caper-bush must be tithed.

øáé ò÷éáä àåîø àéðå îúòùø àìà àáéåðåú îôðé ùäï ôøé:

(f)

(R. Akiva): Only the berries must be tithed, as they are the main fruit.

âîøà çæ÷éä àîø ëéåï ùì÷è îîðä ùúéí åùìù îåøåéåú áàä áîçùáú éø÷.

(g)

(Gemara) (Chizkiyah): Even if he planted coriander for its seeds, once he has picked the leaves (that grow at the initial stages) two or three times, he has shown his interest in the leaves (not just the seed).

àó ìòðéï äæøò ëï ëéåï ùîðò îîðä ùúéí åùìù îåøéåú áàä ìîçùáú æøò.

1.

The same is true for the seed - if he originally planted it for the plant itself but he then refrained two or three times from picking the leaves, he has shown his interest in the seeds (and it's as if he planted it specifically for the seeds).

æøòä ìæøò îúòùøú ìùòáø

(h)

If he planted it for its seeds, we follow when it reaches a third grown. (So if it grew a third in the second year of the Shemittah cycle and the third year came, it is tithed according to the second year - meaning that Ma'aser Sheni is separated and not Maaser Ani.)

æøòä ìéø÷ îúòùøú ìáà.

1.

If he planted it for its leaves, it is tithed according to the following year (and in the previous example, it will be obligated in Maaser Ani rather than Ma'aser Sheni).

æøòä ìæøò åìéø÷ àå ùæøòä ìæøò åàç''ë çéùá òìéä ìéø÷ îòùø îæøòä òì éø÷ä åîéø÷ä òì æøòä.

(i)

If he planted it both for the seeds and the leaves or he first planted for the seeds and then decided to use its leaves, he may tithe from the seeds for the leaves and vice-versa.

åùì÷è îîðä ìôðé øàù äùðä àáì àí ìé÷è îîðä ìàçø øàù äùðä æøòä îúòùø ìùòáø åéø÷ä îúòùø áùòú ì÷éèúå òéùåøå.

1.

This applies when he picked from it before Rosh Hashanah, but if it was after Rosh Hashanah, so that the years of seeds and the leaves are not the same, the seeds are tithed according to the previous year and the leaves for the current year, when it was picked.

[ãó ìæ òîåã à (òåæ åäãø)] åëùäáéà ùìéù ìôðé øàù äùðä àáì àí äáéà ùìéù ìàçø øàù äùðä áéï éø÷ä áéï æøòä îúòùø ìáà.

2.

And it applies when it grew a third before Rosh Hashana, but if it afterwards, both its leaves and its seeds are tithed according to the current year.

úðé ùáú ùæøòä ìæøò îúòùøú æøò åàéðä îúòùøú éø÷ æøòä ìéø÷ îúòùøú æøò åéø÷ åàéðä îúòùøú æéøéï æøòä ìæéøéï îúòùøú æøò åéø÷ åæéøéï

(j)

(Tosefta): If dill was planted for its seeds, its seeds are tithed but not its leaves. If planted for its leaves, both its seeds and leaves are tithed, but not its stems. If planted for its stems; its seeds, its leaves and its stems are tithed.

åúðéðï àéï ìê îúòùø æøò åéø÷ àìà äùçìééí åäâøâø áìáã.

(k)

Question (our Mishnah): Only in the case of cress and rocket are the seed and leaves tithed. (Doesn't this show that dill leaves are never tithed..?)

ëéðé îúðéúà àéï ìê ãáø ùæøòå ìæøò îúòùø æøò åéø÷ àìà äùçìééí åäâøâø áìáã.

(l)

Answer: This is the Mishnah's meaning - Only in the case of cress and rocket do the leaves also need tithing when they are planted for their seeds.

[ãó ë òîåã á] îä ôìéâéï ëùæøòå ìæøò àáì àí æøòå ìéø÷ àó øáðï îåãéé

(m)

(In the Mishnah, Rabban Gamliel said that shoots of fenugreek, mustard and white beans are obligated in Maaser.) When do the Chachamim disagree with Rabban Gamliel? When it was planted for its seeds; but if for its leaves, even the Rabbanan agree.

åúðé ëï ðäâéï ááú ðééï áéø÷å áäéúø ãáøé øáé ìéòæø.

1.

Support (Tosefta): (If mustard was planted for its leaves and he then planned to use it for its seeds, it's tithed for both.) In Bas Nain, they were accustomed to permit the leaves (without tithing) - these are the words of R. Eliezer.

ìà àîø àìà ãáøé øáé ìéòæø äà ãáøé äëì çééá.

i.

The Tosefta only said 'these are the words of R. Eliezer', which implies that (when it was planted for its leaves), everyone else obligates.

úðé äôåì åäùòåøéï åäúìúï ùæøòï ìéø÷ áèìä ãòúå æøòï çééá åéø÷ï ôèåø.

(n)

Question (Baraisa): If a person planted beans, barley or fenugreek for their leaves, his intention is nullified (since others don't plant them for their leaves). If he planted them for their seeds, their seeds are obligated and their leaves are exempt?

[ãó ìæ òîåã á (òåæ åäãø)] àîø øáé éøîéä òåã äéà ãøáé ìéòæø.

(o)

Answer (R. Yirmiyah): That was also said by R. Eliezer.

ùîåàì àîø ÷ôøñ àñåø îùåí ÷ìéôéï.

(p)

(Shmuel): (R. Eliezer taught in the Mishnah that the buds, the berries and the husks of the caper-bush must be tithed.) The husk is prohibited as Orlah because it is a protective shell.

åúðé ëï (åé÷øà éè) åòøìúí òøìúå àú ôøéå ãáø ùäåà òåøì àú ôøéå.

(q)

Support (Baraisa): The pasuk states (Vayikra 19:23), "you shall surely block its fruit (from use)'' to include that which blocks (protects) its fruit (i.e. its shell in the prohibition of Orlah).

øá îô÷ã ìàéìéï ãáé øá àúé øá äåðà äîðåðà îô÷ã ìçáøééà úéäååï îô÷ãéï ìðùéëåï ëã äéðåï ëáùéï äãà ÷ôøñ ãéäååï îøéîéï àéìéï áéèéúà.

(r)

Rav ordered the people of his Beis Midrash and Rav Huna reported that Rav Hamnuna had similarly ordered the Chevraya that they should tell their wives that when they pickle the husks of the caper-bush (Kafrisin), they should remove the small berries, which are considered to be the fruit, rather than the husk.

àîø øáé áà àñáøé øáé æòéøà ëì ä÷ìéôéï âãéìåú òí äôøé åæä ôøé îìîòìï å÷ìéôéï îìîèï.

(s)

(R. Ba): R. Zeira explained (those that disagree with Shmuel) that the Torah only prohibited peels (husks) that grew together with the fruits, but here, the fruit is above and the peel below.

ä÷ôøñ åäúîøåú îéï àçã äï. îòùø î÷ôøñ òì äúîøåú åîï äúîøåú òì ä÷ôøñ àáì ìà îäï òì äàáéåðåú åîï äàáéåðåú òìéäï. àáéåðåú ðåúðéï òìéäï çåîøé àéìï åçåîøé æøòéï.

(t)

(According to R. Eliezer in our Mishnah, that all three parts of the caper are tithed), he reasons that the husks and the buds are one type. One may tithe from the husks for the buds and vice-versa, but not from them for the berries or vice-versa. We give the stringencies of both trees and seeds to the berries.

åìééãä îéìä ùàí äéúä ùðééä ðëðñú ìùìéùé ùäåà îôøéù åôåãäå åðåúðå ìòðé.

1.

In what way? If it's the end of the second year entering into the third year of the Shemittah cycle; (since it's unclear whether we follow its budding, like a tree, or its picking, like a seed), he separates (Ma'aser Sheni), redeems it (as if its 2nd year produce) and gives it to the poor (as Maaser Ani, as if its 3rd year produce).

äöìó áéú ùîàé àåîøéí ëìàéí áëøí (åàéðå ëìàéí áæøòéí) åáéú äìì àåîøéí àéðå ëìàéí (ìà) áëøí (åìà áæøòéí). [äëì îåãéí ùäåà çééá áòøìä]

(u)

(Tosefta): Beis Shammai say that caper is prohibited as a mixed produce in a vineyard. Beis Hillel permit it. All agree that it has a prohibition of Orlah.

[ãó ìç òîåã à (òåæ åäãø)] úðé øáé çéððà áø ôôà àú ùäåà òåìä îâæòå îéï àéìï îùøùéå îéï éø÷.

(v)

Baraisa (R. Chinana bar Papa): That which grows from its stem is a fruit; that which grows from its roots is a vegetable.

äúéáåï äøé äëøåá òåìä îâæòå.

(w)

Question: Cabbage grows from its stem (even though it's not a fruit)?

ëàï áåãàé ëàï áñô÷:

(x)

Answer: Those indications are only used when there is a doubt, but cabbage is certainly a vegetable.

HADRAN ALACH PEREK HAKOVESH