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WHERE AND WHEN IT GREW A THIRD (Yerushalmi Ma'asros Perek 5 Halachah 2 Daf 23a)

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(a)

(Baraisa): If it grew a third under the gentile's possession and a Jew then bought it - R. Akiva says that the Tosefes (extra growth) is exempt and the Chachamim say that it is obligated.

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(b)

(R. Avina/ Ulla bar Yishmael citing R. Elazar): Even the Chachamim only obligated the Tosefes for the past year - if it was a year of Ma'aser Sheni, it's Ma'aser Sheni; and if it's a year of Maaser Ani, it's Maaser Ani.

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(c)

(Baraisa) (R. Yonasan bei R. Yosi): From where is it known that if produce grew a third before Rosh Hashanah of Sheviis; even if it continued growing afterwards, it may be gathered in Sheviis? The pasuk states (Vayikra 25:3-4), "(You may sow your field for six years, and for six years you may prune your vineyard) and gather in its produce. But in the seventh year (the land shall have a complete rest...)''. (The juxtaposition of these two phrases permits gathering certain produce in Sheviis, despite the prohibition of Sefichin.)

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(d)

(R. Avina/ Ulla bar Yishmael citing R. Elazar): R. Yonasan bei R. Yosi follows the view of his teacher, R. Akiva - just as R. Akiva said that we follow the growth of its first third; so too R. Yonasan bei R. Yosi taught this.

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(e)

Question (R. Zeira to R. Avina): Two things that you said contradict each other - earlier you said that according to the Rabbanan, even though the Tosefes that grew in the possession of the Jew is obligated in Maaser; nevertheless, for establishing the year for Maaser, we follow when it grew a third. Here, you say that if produce grew a third before Sheviis, there's no prohibition of Sefichin, which you say specifically follows R. Akiva?

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1.

Question: And if you say that R. Yonasan bei R. Yosi follows his teacher R. Akiva, you will need to conclude that the prohibition of Sefichin is from the Torah, as does R. Akiva?

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(f)

If produce grew less than a third before Sheviis and Sheviis arrived, it's prohibited as Sefichin; but if he picked them as stalks, since those stalks grew before Sheviis, they are not prohibited.

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(g)

If they grew less than a third (in Sheviis) before the 8th year and the 8th year arrived, they are not prohibited as Sefichin; but if he picked them as stalks, since those stalks grew in Sheviis, they are prohibited.

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(h)

(R. Yochanan and R. Shimon ben Lakish): The Chachamim agree to R. Akiva that as for establishing the year for Maaser, we follow when it grew a third and if it was a year of Ma'aser Sheni, it's Ma'aser Sheni; and if it's a year of Maaser Ani, it's Maaser Ani.

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(i)

(R. Yochanan): If it grew a third when Hefker (ownerless), in the possession of Hekdesh or in Suria - it's a dispute between R. Akiva and the Chachamim.

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(j)

(R. Shimon ben Lakish): R. Akiva agrees to the Chachamim that for a tree, we follow its time of budding and for seeds we follow when it took root.

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(k)

If a person sowed in an abandoned house (without a roof) and it grew a third and he then roofed it...

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1.

According to R. Akiva, the Tosefes is obligated; according to the Rabbanan, it is exempt.

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(l)

If he sowed in a house (and it grew a third) and he removed the roof...

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1.

According to R. Akiva, the Tosefes is exempt; according to the Rabbanan, it is obligated.

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(m)

Question: Does the same dispute apply to the obligation to separate Challah? (If the grain grew a third in a gentile's possession and a Jew then bought it, if it's made into dough, is it obligated in Challah?)

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(n)

Rebuttal: Why do you have a question according to R. Akiva? R. Akiva holds that even if produce was completed in Chutz LaAretz and brought into Eretz Yisrael, it is obligated in Challah. Only if R. Akiva would hold the opposite, like R. Eliezer, would you have the question!

(o)

Question (R. Bun bar Chiya to R. Zeira): If a person planted in an unperforated planter (and it grew a third) and he then perforated it, is the Tosefes obligated in Maaser?

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(p)

Answer (R. Zeira): Since the hole was made after (it grew a third, it falls into the same dispute of R. Akiva and Rabbanan).

(q)

(R. Avin): Rabban Shimon ben Gamliel follows the view of his predecessor, Rabban Gamliel, as the Mishnah (in Maseches Challah 4:7) teaches - If Jews were sharecroppers for gentiles in Suria, R. Eliezer obligates their produce in Ma'asros and Sheviis . Rabban Gamliel exempts them.

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(r)

In our Mishnah (see above, Bechoros 12(f)), Rebbi taught that he should tithe according to the calculation. This refers to the calculation of what grew after the tithing season arrived while it was in his possession.