1)

BURIED LUF (Yerushalmi Sheviis Perek 5 Halachah 2 Daf 13b)

îùðä äèåîï àú äìåó áùáéòéú øáé îàéø àåîø ìà éôçåú îñàúéí òã âåáä ùìåùä èôçéí åèôç òôø òì âáéå

(a)

(Mishnah): If one buried a Luf in the ground for storage during Sheviis, R. Meir says that not less than two Se'ah in quantity must be buried (meaning that the pile of Luf in the hole must not be less than two Se'ah); not less than three tefachim high and with a tefach of soil on top of it.

åçëîéí àåîøéí ìà éôçåú îàøáòä ÷áéï òã âåáä èôç åèôç òôø òì âáéå åèåîðå áî÷åí ãøéñú áðé àãí

(b)

(Chachamim): Not less than four Kav in quantity must be buried; not less than a tefach high and with a tefach of soil on top of it; and he must bury it in a place where people walk.

[ãó ìå òîåã à (òåæ åäãø)] ìåó ùòáøä òìéå ùáéòéú øáé ìéòæø àåîø àí ì÷èå äòðééí àú òìéå ì÷èå åàí ìàå éòùä çùáåï òí äòðééí

(c)

If a Luf remained in the ground until after Sheviis (and increased in size in the year that followed it) - R. Eliezer says that if the poor picked its leaves during Sheviis, that is fine; but if they did not (so that the leaves also grew in Sheviis), he must make a calculation with the poor (and he keeps that which grew in the 8th year, but the rest must go to the poor).

øáé éäåùò àåîø àí ì÷èå òðééí àú òìéå ì÷èå åàí ìàå àéï ìòðééí òîå çùáåï

(d)

(R. Yehoshua): If the poor picked the leaves, that's fine; if not, they don't need to make a calculation (as he also had rights to take it).

ìåó ùì òøá ùáéòéú ùðëðñ ìùáéòéú åëï áöìéí ä÷éöåðéí åëï ôåàä ùì òéãéú á''ù àåîøéí òå÷øéï àåúï áîàøåôåú ùì òõ åáéú äìì àåîøéí á÷øãåîåú ùì îúëåú

(e)

Luf of the 6th year that remained until Sheviis (without growing more); and similarly summer onions and Puah (madder) growing in fine soil - Beis Shammai say that he must uproot them with wooden rakes; Beis Hillel say that he may even uproot them with metal spades.

[ãó ìå òîåã á (òåæ åäãø)] åîåãéí áôåàä ùì öìòåú ùòå÷øéï àåúï á÷øãåîåú ùì îúëåú

(f)

And they agree that if it's Puah growing in gravelly soil, they may be uprooted with metal spades.

îàéîúé îåúø àãí ìé÷ç ìåó áîåöàé ùáéòéú øáé éäåãä àåîø îéã åçëîéí àåîøéí îùéøáä äçãù:

(g)

Question: From when is it permitted to buy Luf after Sheviis? R. Yehuda says immediately; Chachamim say from when the new crop is abundant.

âîøà äèåîï àú äìåó òã ëãåï ìåó áöìéí

(h)

(Gemara) Question: "If one buried a Luf...'' - but what is the law concerning onions?

à''ø éåðä äéà ìåó äéà áöìéí

(i)

(R. Yona): They are the same as Luf in this law.

àîø øáé éåñä îñúáøà ááöìéí àôéìå ôçåú îëàï îåúø ãàéðï ùôéï:

(j)

(R. Yosa): It's logical that onions are permitted with even less than two Se'ah, as they are stepped on by people, so they don't look like they are planted.

ìåó ùòáøä òìéå ùáéòéú ëå' øáé àáäå áùí øáé éåçðï àúéà ãøáé éäåãä ëøáé ìéòæø åãøáé éåñé ëøáé éäåùò ãúðéðï úîï äòðééí àåëìéï àçø äáéòåø àáì ìà òùéøéí ãáøé øáé éäåãà øáé éåñé àåîø àçã [ãó éã òîåã à] òðééí åàçã òùéøéí àåëìéï àçø äáéòåø

(k)

"If a Luf remained in the ground until after Sheviis etc.'' - R. Abahu cited from R. Yochanan that R. Yehuda is like R. Eliezer and R. Yosi is like R. Yehoshua - as the Mishnah states (further on in Perek 9 Halachah 6) - R. Yehuda says that from when people declare the produce ownerless at the time of Biur (removal), only the poor may eat. R. Yosi says that even the rich may eat.

2)

THE PROHIBITION OF SEFICHIN (Yerushalmi Sheviis Perek 5 Halachah 2 Daf 14a)

øáé àéîé áòé ÷åîé ø''é îúðé' òã ùìà âæøå òì äñôéçé'

(a)

(R. Imi to R. Yochanan): (The Mishnah permitted Luf leaves that grew and were picked in Sheviis.) The Mishnah is speaking about the time before the decree of Sefichin (Things that grew naturally in Shemita are prohibited - they are referred to as Sefichin ('aftergrowths').)

[ãó ìæ òîåã à (òåæ åäãø)] à''ì åëé áòìééä äééú

(b)

Question (R. Yochanan to R. Imi): Were you in the attic (when they made the decree)? (Are you sure that the prohibition of Sefichin is only Rabbinic?)

ñáø øáé àéîé àéñåø ñôéçéí úåøä

(c)

R. Imi understood from R. Yochanan's question that the prohibition of Sefichin is from the Torah.

à''ø éøîéä áòìé ìåó ùåèä äéà îúðéúà

(d)

(R. Yirmiyah): The Mishnah was discussing the leaves of wild Luf (that stays in the ground a long time and was planted in the 6th year, so the prohibition of Sefichin doesn't apply).

àééúé øá äåùòéà îúðé' ãáø ÷ôøà îï ãøåîà åúðé òìé ìåó åòìé áöìéí àéú ìê îéîø òìé áöìéí äùåèéï

(e)

Rebuttal: R. Hoshiya cited a Baraisa taught by Bar Kapara of the South that our Mishnah refers to Luf leaves and onion leaves. Could R. Yirmiyah have also said that it was referring to wild onions (that stay in the ground a long time)? (No such onions exist!)

[ãó ìæ òîåã á (òåæ åäãø)] îéìúé' ãø' éøîé' àîøä ãáø ùéù ìå áéòåø ùðîöà áúåê ãáø ùàéï ìå áéòåø éù ìå áéòåø îä òáã ìä ø' éøîéä

(f)

Question: From the statement of R. Yirmiyah we can learn that if something that requires Biur grew from something that does not require Biur - it requires Biur. (Even though the roots of the Luf don't require Biur, since the leaves do require it, Biur is required.) What will R. Yirmiyah say about that?

ôúø ìä áùùé÷ó áòìéï

(g)

Answer: It applies when the owner picked the leaves before the time of Biur came.

ø' éåñé ôúø ìä îúðéúà ìôðé ø''ä äùáéòéú ðèòå ìôðé ø''ä äùáéòéú òùä áéöéí ìôðé ùáéòéú åãéëðå áùáéòéú ò÷øå áîåöàé ùáéòéú

(h)

(R. Yosi): It began to grow before Rosh Hashana of Sheviis - he planted it a long time before Rosh Hashana and it grew shoots before Sheviis. He then bent over those shoots in Sheviis (to prevent them growing more) and uprooted the plants after Sheviis...

àéï úéîø ãéëåï ëòé÷ø ëåìå ìòðééí àéï úéîø àéï ãéëï ëòé÷åø àéï ëåìå ìòðééí îñô÷ éòùä çùáåï òí äòðééí

1.

Explanation: If you say that bending over is like uprooting, everything (that grew until then in Sheviis) belongs to the poor (as whatever is picked in Sheviis requires Biur). But if you say that bending is not like uprooting, the leaves were not picked in Sheviis and the poor have no claim on them. And since R. Eliezer was in doubt over this question, he ruled that only the leaves that grew before bending belong to the poor and he must make a calculation with them (to give them that portion).

[ãó ìç òîåã à (òåæ åäãø)] øáé çæ÷éä ôúø îúðé' òøá ø''ä ùáéòéú ðèòå òøá ø''ä ùáéòéú åòùä áéöä áúçéìú ùáéòéú åøéëðå áùáéòéú åò÷øå áñåó ùáéòéú

(i)

(R. Chizkiyah): It was planted before Rosh Hashana of Sheviis - even if he planted it just before Rosh Hashana of Sheviis and it grew shoots and the beginning of Sheviis and he bent them down and then picked them at the end of Sheviis (after the time of Biur)...

àéï úéîø ãéëåï ëò÷åø ëåìå ìáòì äáéú àéï úéîø àéï ãéëåï ëò÷åø àéï ëåìå ìáòì äáéú ìôéëê (àéï ìòðééí òîå çùáåï)[éòùä çùáåï òí äòðééí]

1.

Explanation: If bending down is like uprooting, since it was done before Biur, the owner could claim it for himself. And if bending is not like uprooting, it belongs to the poor since its uprooting was done after Biur. Therefore (because of this doubt) he should make a calculation with them.

òùä áàøõ ùìù ùðéí ðåúï ìòðééí øåáò ùúé ùðéí ðåúï ìòðééí ùìéù ùðä àçú ðåúï ìòðééí îçöä

(j)

(How is the calculation made?) If the Luf grew for three years other than in Sheviis, he gives the poor a quarter. If it grew two years, he gives them a third. If it grew one year, he gives them a half.

øáé éåñä ôúø îúðé' ìôðé ø''ä ùáéòéú øáé çæ÷éä ôúø îúðé' òøá ø''ä ùáéòéú

(k)

Summary: R. Yosa explains the Mishnah refers to Luf that was planted long before Sheviis (and was bent down in Sheviis); R. Chizkiyah explained that it was planted close to Sheviis and he bent it down before the time of Biur.

[ãó ìç òîåã á (òåæ åäãø)] ìåó ùì òøá ùáéòéú ëå'

(l)

The Mishnah taught (above 1(e)) the case of a Luf that mainly grew in the 6th year and remained there into Sheviis but didn't continue to grow...

øáé áåï áø çééà áòà ÷åîé ø' æòéøà àó áùàø [ãó éã òîåã á] ùðé ùáåò ëï åäà úðé äéúä ùðéé' ðëðñú ìùìéùé' àéðå îãëðå åàéðå îåðò îîðå îéí áùáéì ùéäà îòùø äéúä ùìéùéú ðëðñú ìøáéòéú îãëðå åîåðò îîðå îéí áùáéì ùéäà îòùø òðé äãà àîøä ùãéëåï ëòé÷åø

(m)

Question (R. Bun bar Chiya to R. Zeira): If so, then even in other years it should be the same (as the time of picking establishes the obligation of Maaser); and a Tosefta teaches that if an onion was planted and it was the second year (of the Shemita cycle) entering into the third year, the owner is not permitted to bend them down and withhold from them water (in the second year) in order that they should be obligated in Maaser Sheni (as second year produce). If it was the third year entering into the fourth year, he may bend it down and withhold from it water so that it will be obligated in Maaser Ani. This teaches that bending down is like uprooting.

øáé éåñé áùí øáé ìà úôúø ùò÷øï òã ùìà öéîçå:

(n)

(R. Yosi citing R. Ila): (The Mishnah taught (above 1(e)) - Luf of the 6th year that remained until Sheviis...Beis Shammai say that he must uproot them with wooden rakes; Beis Hillel say that he may even uproot them with metal spades. But both agree that they may be uprooted in Sheviis) The Mishnah is referring to when he did it before they grew new leaves (in Sheviis), but if they had grown, he may not uproot them (since he is causing a loss to Sheviis produce).

3)

SUMMER ONIONS, PUAH AND LUF (Yerushalmi Sheviis Perek 5 Halachah 2 Daf 14b)

åëï áöìéí ä÷éöåðéí ÷èéðàé

(a)

The Mishnah there (above 1(e)) said, 'And similarly summer onions' - which means that they are planted and picked in the summer.

[ãó ìè òîåã à (òåæ åäãø)] îåãéí áôéàä ùì öìòéú ôéèøä

(b)

The Mishnah also taught (1(f)), 'And they agree that if it's Puah growing in gravelly soil' - which is soil that is hard like stone '(they may be uprooted with metal spades).'

åúðé òìä î÷åí ùðäâå ìçøåù éçøåù ìðëù éðëù:

(c)

There is also a Baraisa about this - In a place where the custom is to plow (to uproot Puah), he may plow; where the custom is to weed, he may weed.

îàéîúé îåúø àãí ìé÷ç ìåó ëå'. î''è ãøáé éåãä

(d)

Question: (The Mishnah taught - From when is it permitted to buy Luf after Sheviis? (R. Yehuda says immediately; Chachamim say from when the new crop is abundant).) What's R. Yehuda's reasoning? (Here he permits it immediately and in the later Mishnah (see Chulin 23-1(b)), he agrees to only permit vegetables from when similar crops (of the 8th year) are produced?)

âæøå òì äìåó åìà âæøå òì äéø÷

(e)

Answer: Since they decreed that the Luf may only be uprooted in Sheviis in an unusual and tedious manner, we can assume that Luf that is sold after Sheviis was not from Sheviis. However, since they did not make such a decree on vegetables, we must be concerned that those that were sold after Sheviis were uprooted in Sheviis. (See the commentary of Rav Chaim Kanievsky shlita.)

îòúä àôéìå áùáéòéú éäà îåúø

(f)

Question: If so, even in Sheviis it should be permitted (to buy from one who is suspected in laws of Sheviis, as there should be no concern that he went to the trouble of uprooting Luf in an unusual way)?

áèîåï àðï ÷ééîéðï ùìà éìê åéáéà îï äàéñåø åéàîø îï äèîåï äáàúé

(g)

Answer: This that the owner wouldn't trouble himself, is only if he will be burying (i.e. storing) the Luf in the ground (such as to save it to sell after Sheviis); but if he will be selling it immediately, then he would trouble himself. Therefore, we are not concerned when buying it after Sheviis, but during Sheviis, he might bring from the prohibited crop and claim that it was stored away from the 6th year.

úðé àîø ø' éåãä îòùä ùäééðå áòéï ëåùéï åàëìðå ìåó òì ôé øáé èøôåï áîåöàé äçâ ùì îåöàé ùáéòéú

(h)

Baraisa (R. Yehuda): It once happened that we were in Ein Cushin and we ate Luf according to R. Tarfon's ruling, on the day after Succos, in the year after Sheviis.

àîø ìå øáé éåñé òîê äééúé åìà äéä àìà îåöàé äôñç:

(i)

(R. Yosi): I was with you then and it was actually after Pesach of that year (which provided enough time for fresh crops to grow).