12th Cycle dedication

CHULIN 6 (30 Sivan) - Dedicated by Dr. Alain Bitton of Geneva, Switzerland in honor of the Yahrzeit of his grandmother, Frecha bat Chaviva.

1)

REMOVING STONES (Yerushalmi Sheviis Perek 3 Halachah 5 Daf 8b)

îùðä àáðéí ùæéòæòúï äîçøéùä àå ùäéå îëåñåú åðúâìå àí éù áäï ùúéí ùì îùåé ùðéí ùðéí äøé àìå éðèìå

(a)

(Mishnah): Stones that were moved by the plow or were covered and became revealed - if there are two stones that must be carried by two people, he may take all of them (as it is clear that he needs them for construction).

åäîñ÷ì àú ùãäå ðåèì àú äòìéåðåú åîðéç àú äðåâòåú áàøõ

(b)

One who removes stones from his field may take the top layer but leave the stones that are touching the ground.

åëï âøâéø ùì öøåøåú àå âì ùì àáðéí ðåèì àú äòìéåðåú åîðéç àú äðåâòåú áàøõ àí éù úçúéäï ñìò àå ÷ù äøé àìå éðèìå:

(c)

Similarly, regarding a pile of pebbles or stones, he may remove the upper ones and leave the ones that are touching the ground. If there is a stone or straw underneath them, he may take them.

âîøà ìà ñåó ãáø áùæéòæòúï äîçøéùä àìà àôéìå îçøéùä òúéãä ìæòæòï

(d)

(Gemara): Not only if the plow moved them, but even if the plow will move them in the future, the same rule applies.

àîø øáé éåñé îúðéúà àîøä ëï [àáðéí ùäîçøéùä îæòæúï] àí éù áëì à' åà' ùì îùàåé ùðéí ùðéí äøé àìå éðèìå.

(e)

Support (R. Yosi from a Tosefta): Stones that were moved by the plow - if each is heavy enough that it needs two people to carry it, he may take them.

[ãó ëã òîåã à (òåæ åäãø)] øáé éò÷á áø áåï áùí ø''ù áï ì÷éù æàú àåîø' àñåø ìì÷è öøåøåú îúåê ùãä çáéøå ãå îðëù åéäá òéñáéä òìéäï äãà ãúéîà áá÷òä àáì áäøéí åèøùéí åèéáå äùá ìéä:

(f)

(R. Yaakov bar Bun citing R. Shimon ben Lakish): This teaches that it is forbidden to gather pebbles from a neighbor's field - it is considered theft since when a person wants to weed his field, he puts them on top of the pebbles. This applies only to a valley, but in hilly and rough ground, he is doing him a favor.

2)

BUILDING STEPS (Yerushalmi Sheviis Perek 3 Halachah 6 Daf 8b)

îùðä àéï áåðéï îãøéâåú òì ôé âéàéåú òøá ùáéòéú îùôñ÷å äâùîéí îôðé ùäåà îú÷ðå ìùáéòéú

(a)

(Mishnah): On Erev Sheviis, when the rains stop, one may not build steps in a valley to allow himself to safely go down to take water to irrigate his field, as it appears that he is preparing to water his field in Sheviis.

àáì áåðä äåà áùáéòéú îùôñ÷å âùîéí îôðé ùäåà îú÷éðå ìîåöàé ùáéòéú åìà éñîåê áòôø àáì òåùäå çééõ

(b)

But he may build them in Sheviis when the rains stop, as they will be used only after Sheviis. He shouldn't cement the steps with earth (as when he digs the earth to bring for this purpose, it appears that he is hoeing in Sheviis), although he could make a stone wall (without using earth).

ëì àáï ùäåà éëåì ìôùåè àú éãéå åìéèìä äøé æå úéðèì:

(c)

Any stone that he is able to reach out and take (when he is building), he may take and add to the construction (but he may not take from elsewhere as it appears that he is preparing his field in Sheviis).

âîøà øáé ÷øéñôà áùí øáé éåçðï çððé áï âîìéàì áàéñåø ùðé ôø÷é' äéà îúðéúà

(d)

(Gemara) (R. Krispa citing R. Yochanan/ Chanani ben Gamliel): The Mishnah was referring to the period when there was a prohibition to work the land before Sheviis according to the two times that the Chachamim set. (Later, Rabban Gamliel and his Beis Din permitted them; see Menachos 100-1(e).)

úðé øáé éäåãä åøáé ðçîéä àåñøéï ìà áàéñåø á' ôø÷éí åëà áàéñåø á' ôø÷éí

(e)

Baraisa: R. Yehuda and R. Nechemya prohibited making steps (even when the rain stops). Surely they were speaking about when there was a prohibition at the two times (on Erev Sheviis); so the Mishnah was also speaking about that time. (Therefore, once the prohibition of plowing on Erev Sheviis was cancelled, the prohibition of our Mishnah was also cancelled.)

[ãó ëã òîåã á (òåæ åäãø)] ø' ùîàé áòé àí áàéñåø ùðé ôø÷éí áäãà úðéðï ìçøåù îåúø åìáðåú àñåø

(f)

Question (R. Shammai): If it was speaking about that time of the prohibition, why would the Baraisa continue to teach, "to plow is prohibited, but to build is permitted''? (Surely the building is also like plowing, since he is removing stones...?)

[ãó è òîåã à] àìà áäéúø ùðé ôø÷éí

1.

Rather, the Mishnah must have been referring to when there was no longer a prohibition to work the land on Erev Sheviis at the two times (but it is still prohibited to build steps).

àí áäéúø ùðé ôø÷éí áäãà úðéðï àáì áåðä äåà áùáéòéú îùôñ÷å äâùîéí îôðé ùäåà îú÷éðï ìîåöàé ùáéòéú

(g)

Question: If the Mishnah is referring to the time when it was permitted, how could it then teach, 'But he may build in Sheviis when the rains stop, as they will be used only after Sheviis'? (If building is like plowing, it should also be prohibited in Sheviis?) (The Gemara leaves this question unanswered.)

àîø øáé îðà éàåú àîø øáé ùîàé äãà ÷îééúà ìçøåù îåúø îôðé ùäåà îú÷éðï ìîåöàé ùáéòéú ìáðåú àñåø îôðé ùäåà îú÷éðï ìùáéòéú

(h)

(R. Mana): R. Shammai spoke correctly. In the first case, he may plow before Sheviis, because that plowing will also help him after Sheviis. However, (building steps before Sheviis does not help him after Sheviis as the rains will ruin them and he will need to rebuild them after Sheviis, so) when he builds before Sheviis, he is preparing them specifically for Sheviis.

îúðéúà ìà àîøä ëï [ãó ëä òîåã à (òåæ åäãø)] àìà àáì áåðä äåà áùáéòéú îùôñ÷å äâùîéí îôðé ùäåà îú÷éðï ìîåöàé ùáéòéú

(i)

Our Mishnah does not say this (that things are permitted on Erev Sheviis if they could be beneficial to him after Sheviis), as it says, "But he may build them on Sheviis when the rains stop, as they will be used only after Sheviis'' (and the implication is that plowing on Erev Sheviis is prohibited, even if it will be beneficial after Sheviis.) (Note: These entries followed the explanation of the Ridbaz.)

ìà éñáê áòôø àáì òåùäå çééõ îäå çééõ çééõ ìä ëîä ãúéîø (éçæ÷àì éâ) åäåà áåðä çééõ:

(j)

The Mishnah taught that he shouldn't cement the steps with earth, although he could "Chaitz'' - make a stone wall (without using earth). What's this terminology of Chaitz? As the pasuk states (Yechezkel 13:10), "and it is building a flimsy wall'' (meaning a stone wall without cement).