BIUR OF POMEGRANATES AND PAINTING AS A FAVOR (Yerushalmi Sheviis Perek 7 Halachah 1 Daf 19a)
øáé àéìà áùí ø''ù áø ååà ø''é åçáøåúéä äåå éúáéï î÷ùééï àîøé éù ìäï áéòåø àå àéï ìäï áéòåø
(R. Ila citing R. Shimon bar Vava): (The Mishnah taught (Chulin 24-1(g)) that pomegranate peels and its crown...they and their money have the sanctity of Sheviis.) R. Yochanan and his colleagues sat and asked - do they have the obligation of Biur (removal) or not?
òáø øáé éðàé àîøé äà âáøà îùàìéðé' àúå ùàìåðéä àîø ìäï ëì ãáø ùãøëå ìéùåø éù ìå áéòåø åùàéï ãøëå ìéùåø àéï ìå áéòåø åàìå îäï ùãøëï ìéùåø åîäï ùàéï ãøëï ìéùåø åùøò úðéé îéðä
R. Yannai passed by and they said, "This is a man who we can ask; let's ask him!'' R. Yannai answered - Anything whose leaves fall off has an obligation of Biur; anything whose leaves don't fall off, does not have an obligation - and as for pomegranate peels and its crown, some fall off and some do not fall off - therefore the Tana left it out.
îäå ìöáåò áèåáú äðééä
Question: (The Mishnah taught (Chulin 24-1(h)) that one who paints (using dye extracted from Sheviis products) may paint for himself but not for pay.) May one paint as a favor?
îï îä ãúðé (äù)[ä]ìùåùéú åçìáöéï äúâø òåùä ìòöîå äãà àîøä ùàñåø ìöáåò áèåáú äðééä
Answer (Baraisa): "Leshushis and Chalbatzin - the painter may use them for himself.'' This shows that he may not paint for others even as a favor.
DOING BUSINESS WITH PROHIBITED ITEMS (Yerushalmi Sheviis Perek 7 Halachah 1 Daf 19a)
ëúéá (åé÷øà éà) èîàéí äîä ìëí îä ú''ì åèîàéí éäéå ìëí àìà àçã àéñåø àëéìä åàçã àéñåø äðéé'
(The Mishnah taught (Chulin 24-1 (h)) that one may not do business with carcasses or Tereifos, nor with reptiles or creeping things. What's the source for this?) The pasuk states (Vayikra 11:28), "They are impure to you'' (meaning that you may not eat them. This was already stated;) what is this phrase adding? That not only is there is a prohibition to eat them; there's also a prohibition to benefit from them.
[ãó ðå òîåã à (òåæ åäãø)] ëì ãáø ùàéñåøå ãáø úåøä àñåø ìòùåú áå ñçåøä åëì ãáø ùàéñåøå îãáøéäï îåúø ìòùåú áå ñçåøä
Anything that is a Torah prohibition to eat may not be used for merchandise; anything is a Rabbinic prohibition is permitted to use for merchandise.
åäøé âîì [ãó éè òîåã á] ìîìàëúå äåà âãì åäøé çîåø ìîìàëúå äåà âãì
Question: What about a donkey (which is a Torah prohibition to eat, but people use it for merchandise)? It is used for working rather than eating, and the same applies to a camel.
øáé éäåùòéà ðñá åéäá áäãéï îåøééñ ø' çåðà ðñá åéäá áäãéï çìúåúà
R. Yehoshaya did business with Murias of gentiles (which Chazal prohibited to eat). R, Chuna did business with Chiltis (a sharp spice) of gentiles. (These cases show that the prohibition of using for merchandise is only when there's a Torah prohibition to eat it.)
SELLING SHEVIIS PRODUCE IN THE MARKET (Yerushalmi Sheviis Perek 7 Halachah 1 Daf 19b)
úðé ìà éäå çîùä îì÷èéï éø÷ åà' îåëø àáì îåëø äåà ùìå åùì çáéøå (çîùéï)[çîùä] àçéï îì÷èéï åàçã îåëø òì éãéäï
Baraisa: (The Mishnah taught (Chulin 24-1 (i)) that one should not take field vegetables and sell them in the market, but he may gather them and have his son sell them for him etc.) Five partners shouldn't gather one type of vegetable and one sell for them; but if there are two who are not partners who each gathered, one may sell for both of them. Five brothers may gather for themselves and one may sell for all of them.
à''ø éåñé á''ø áåï åáìáã ùìà éòùå ôìéèø ùìà éäà îæáéï áä áëì ùðä åàéú ãáòé îéîø ùìà éäà îæáéï áäå áëì ùòä
(R. Yosi b'R. Bun): The sale is only permitted if they don't view the seller as a merchant, meaning that he shouldn't sell in the same location as in other years. Some say that this means that he shouldn't sell throughout the Shemita year (only once in a while).
úðé äçðååðé ùäéä îáùì éø÷åú áùáéòéú ìà éäà îçùá ùëøå òì ãîé ùáéòéú àáì îçùá äåà òì äééï åòìä ùîï åòì äàáèìä
Baraisa: If a shopkeeper was cooking (Sheviis) vegetables and selling them in Sheviis, he may not say that he is being paid for the Sheviis vegetables, but he may consider that the payment is for the non-Sheviis wine and oil (in which the vegetables were cooked) and for his time spent cooking it (and payment for the vegetable can be included as part of the price - which is known as Havla'ah).
ø' ìà îô÷éã ìàéìéï çìèåøéà ìà úéäååï îçùáéï àâøéëåï òì îùçà àìà òì çéèéà:
R. Ila would instruct those that would fry (non-Sheviis) wheat in (Sheviis) oil (and sell it), "Don't consider the payment as for the oil, but rather for the wheat.''
úîï úðéðï [ãó ðå òîåã á (òåæ åäãø)] à''ø éäåãà àéîúé áæîï ùàéï ìå àåîðåú àìà äåà àáì éù ìå àåîðåú ùìà äåà äøé æä îåúø
(The Mishnah taught (Chulin 24-1 (k) & (l)) - If hunters of wild animals, birds and fish happened to catch non-Kosher species, they may sell them). R. Yehuda said - Anyone who happened to catch a non-Kosher species may take it and sell it, as long as that's not his profession.)
äéàê òáéãà äéä éåùá åáèì îîìàëúå ëì ùðé ùáåò ëéåï ùáàú ùáéòéú äúçéì îôùéè éãå åðåùà åðåúï áôéøåú òáéøä àí éù òîå îìàëä àçøú ëùø åàí ìàå ôñåì àáì àí äéä éåùá åòåñ÷ áîìàëúå ëì ùðé ùáåò ëéåï ùáà ùáéòéú äúçéì îôùéè éãå åðåùà åðåúï áôéøåú òáéøä àò''ô ùàéï òîå îìàëä àçøú îåúø
What's the case? If he didn't work in the other years (that preceded Sheviis) and when Sheviis came he began to trade with Sheviis produce - if he also had another occupation during Sheviis, he is Kasher (to be a witness or a judge); if not (and he was exclusively trading with Sheviis produce), he is disqualified (from being a witness or a judge). But if he worked in the other years (that preceded Sheviis) and when Sheviis came he began to trade with Sheviis produce - even if in Sheviis he had no other occupation, he is permitted (to be a witness or a judge).
øáé áà áø æáãà øáé àáäå áùí øáé ìòæø äìëä ëøáé éäåãà ãîúðé' à÷ìñ øáé áà áø æáãà ãîø ùîåòä áùí æòéø îðéä
(R. Ba bar Zavda/ R. Abahu citing R. Eliezer): The Halacha follows R. Yehuda of the Mishnah (with the Baraisa's explanation). R. Bar bar Zavda was praised by the Chachamim for quoting R. Elazar who was younger than him.
úðé øáé éäåãà ìçåîøà äéàê òáéãà äéä éåùá åòåñ÷ áîìàëúå ëì ùðé ùáåòåú åáùáéòéú äúçéì åîôùéè àú éãå ìéùà åìéúï áôéøåú òáéøä àí éù òîå îìàëä àçøú îåúø åàí ìàå àñåø àáì àí [ìà] äéä òåñ÷ áîìàëúå ëì ùðé ùáåòåú ëéåï ùáà ùáéòéú äúçéì åîôùéè éãå ìéùà åìéúï áôéøåú òáéøä àò''ô (ùàéï)[ùéù] òîå îìàëä àçøú àñåø
There's a Baraisa that taught a stringent understanding of R. Yehuda - If he worked in the other years (that preceded Sheviis) and when Sheviis came, he began to trade in Sheviis produce, if he has another occupation, he is (still) permitted (to testify and judge); if not, he's prohibited. But if he didn't work in the other years and when Sheviis came, he began to trade in Sheviis produce, even if he has another occupation, he's prohibited.
ìà áãà øáé áà áø æáãà øáé àáäå áùí øáé ìéòæø äìëä ëøáé éåãà îúðé'
It wasn't on this (stringent) version that R. Ba bar Zavda/ R. Abahu cited from R. Eliezer that the Halacha follows R. Yehuda; it was on the lenient (first) version.
à÷ìñ øáé áà áø æáãà ãîø ùîåòä áùí æòéø îéðéä
R. Ba bar Zavda was praised by the Chachamim for quoting R. Eliezer who was younger than him.
àåó äëà ëï
Question: (Referring back to the opinion of the Chachamim (see above (i)) - since if hunters happened to catch non-Kosher species, they may sell them, other people should also be permitted to do so?
[ãó ðæ òîåã à (òåæ åäãø)] àîø øáé éåñé á''ø áåï úîï àéï äîìëåú àåðñú áøí äëà äîìëåú àåðñú:
Answer (R. Yosi b'R. Bun): Others aren't pressured by taxes, so there's no reason to be lenient with them and permit them to sell them, but professional hunters are pressured by taxes, so Chazal were lenient to allow them to sell them.