PAST CYCLE DEDICATION

CHULIN 4 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his 20th Yahrzeit. Dedicated by Harav Avraham Feldman and Michael Starr of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbi Eliezer Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.

1)

MAKING AN ANIMAL PEN (Yerushalmi Sheviis Perek 3 Halachah 3 Daf 7b)

îùðä äîãééø àú ùãäå òåùä ñäø ìáéú ñàúéí [ãó ëà òîåã á (òåæ åäãø)] òå÷ø ùìù øåçåú åîùééø àú äàîöòéåú ðîöà îãééø áéú àøáòú ñàéï

(a)

(Mishnah): One who makes an animal pen in his field in Sheviis, he should enclose an area of a Beis Seasayim (100 Amos by 50 Amos) with 4 fences and move his animals to there. When it is filled with manure, he should remove the fences on 3 sides and leave the 4th standing and transfer those 3 fences to the other side of the 4th fence and enclose it from the other side, thereby ultimately having a pen of Beis Arbaas Se'im (200 Amos by 50 Amos).

øáï ùîòåï áï âîìéàì àåîø áéú ùîåðú ñàéï

(b)

(R. Shimon ben Gamliel): He may do this in Beis Shemonas Se'im (400 Amos by 50 Amos).

äéúä ëì ùãäå áéú àøáòú ñàéï îùééø îîðå î÷öú îôðé îøàéú òéï åîåöéà îï äñäø åðåúï ìúåê ùãäå ëãøê äîæáìéï:

(c)

If his entire field was an area of Beis Arbaas Se'im, he should leave a small part of it without a pen because of Maris Ayin and he should take manure from the enclosure (rather than leave it there), but afterwards, he can put it in his field in the way of those that apply fertilizer.

âîøà úîï úðéðï ùãä ùðú÷ååöä úæøò ìîåöàé ùáéòéú ðéèééáä àå ùðéãééøä ìà úæøò ìîåöàé ùáéòéú

(d)

(Gemara) Question (Mishnah later on): If a field had its thorns removed, it may still be sown in Sheviis. If it was thoroughly plowed or used as a pen, it may not be sown after Sheviis...? (Our Mishnah even ideally permitted making a pen.)

à''ø éåðä ëéðé îúðé' äøåöä ìäòîéã öàï áúåê ùãäå òåùä ñäø áéú ñàúéí

(e)

Answer (R. Yona): Our Mishnah was discussing when he merely wishes to stand his animals there, but he is not trying to fertilize. The wording also indicates this, as it implies that he merely wishes to stand his animals there, but he doesn't intend to fertilize.

áëì òåùéï ñéäøéï áîçöìàåú åá÷ù åáàáðéí àôéìå ùìùä çáìéí æä ìîòìä îæä åáìáã ùìà éäà áéï ñäø ìñäø [ãó ç òîåã à] ëîìåà ñäø àåúå äî÷åí çåìá áå âåææ áå åîåìéê åîáéà àú äöàï ãøê òìéä

(f)

Tosefta: One may construct an enclosure from any material (that can contain the animals) - from mats, straw and stones and even using three parallel horizontal ropes. He may construct another enclosure, as long as he distances it the width of an enclosure away. And in that space (between the enclosures), he may milk, shear and walk the sheep (with no concern if they making droppings there).

úðé ø''ù áï ìòæø àîø àí øöä úå÷ò àú äéúã áàøõ åòåùä ñäøéï áàøáò øåçåúéä ùì ùîåðú ñàéï

(g)

Baraisa (R. Shimon ben Elazar): He may thrust a peg into the ground and make the enclosure (of Beis Seasayim) on each sides of it, making Beis Shemoneh Se'im (8 Se'ah),

[ãó ëá òîåã à (òåæ åäãø)] àéï îãééøéï ìà áùáúåú åìà áéîéí èåáéí åìà áçåìå ùì îåòã àôé' áèåáä åàéðå øùàé ìäåùéá ùåîø åìà ìðòø àú äöàï åàí áàå îàéìéäï àéï îñééòéï àåúï

(h)

One may not even tell a gentile to make a pen on Shabbos, Yom Tov or Chol Hamoed, even if he does it as a favor. He may not appoint a gentile guard (if the sheep came there on their own, to prevent them from leaving). The gentile may not move the sheep from place to place in order that they make more droppings. If the sheep came on their own, he may not direct them into the owner's field.

åàí äéå òåùéï òîå áùáúåú åáéîéí èåáéí äåà øùàé ìäåùéá ùåîø åìðòø àú äöàï åàí áàå îàéìéäï îñééòéï àåúï

1.

If gentiles are working for him on Shabbos or Yom Tov (for example, if he hired them to do a job over a period of time etc., known as Kablanus), if they come to make a pen, he may assist them, appoint a guard, or move the sheep around. If the sheep came there on their own, he may direct them.

úðé øùá''â àåîø áùáú îãééøéï áèåáä åáéåí èåá áîæåðåú åáçåìå ùì îåòã àôéìå áùëø

(i)

Baraisa (R. Shimon ben Gamliel disagrees): On Shabbos, he may have a gentile make a pen as a favor; on Yom Tov he may pay the gentile by supplying him food; and on Chol Hamoed, he may even pay him money.

úðé äùåëø àú äöàï àñåø ìðòøä

(j)

(Baraisa): If one rents a sheep (for its wool or milk), he may not 'mena'er' it.

îäå ìðòøä îåìéëä îî÷åí ìî÷åí äãà àîøä áùùëøä ìæîï îåòè àáì áùùëøä ìæîï îøåáä îåúø àåúå äéåí äàçøåï àñåø

1.

What is the meaning of 'mena'er it'? Moving it from place to place (in order that it make droppings; it is prohibited since he is causing a loss to the owner, who has rights to the droppings as fertilizer). This is discussing when he rented it for a short period of time, but for a long period, it is permitted, except on the last day of the rental.

øáé çåðä áùí øáé ðçîï áø éò÷á ääï ãàæì ìéä ìöåøëä åìà îúòðé ééæéì îï àúø ìàúø åäåà îúòðé

(k)

(Rav Chuna citing R. Nachman bar Yaakov): If a person goes to relieve himself and he is unable to do so, he should walk from place to place.

øá áùí îø òå÷áï çôøéúä òé÷ø èá ìîòééà

(l)

(Rav citing Mar Ukvan) The vegetable called Chafrisa is good for constipation.

øáé çééà áø áà ùàì òã ùìà ôñ÷å òåáãé òáåãä îäå ùéäà îåúø ìäåöéà îï äñäø åìéúï áúåê ùãäå ëãøê äîæáìéï

(m)

Question (R. Chiya bar Ba): Before the workers stop working, is it permitted to take manure out of the enclosure and put it in his field in the way of those that apply fertilizer? (The Gemara leaves this question unanswered.)