1)

DOES R. SHIMON FOLLOW R. YEHOSHUA? (Yerushalmi Sheviis Perek 7 Halachah 2 Daf 20b)

[ãó ë òîåã á] øáé ôãú øáé éåñä áùí øáé éåçðï àúéà ãø''ù ëøáé éäåùò ãúðéðï úîï àîø øáé éäåùò ùîòúé ùäîòîéã áùøó äàéìï åáùøó äòé÷øéï îåúø áùøó äôâéï àñåø îôðé ùäåà ôøé

(a)

(R. Pedas & R. Yosa citing R. Yochanan): R. Shimon follows the view of R. Yehoshua, as the Mishnah (in Maseches Orlah) taught - (R. Yehoshua said - I heard that one who curdles milk with Orlah sap and with root sap, it is permitted; but with sap of unripe fruit, it is prohibited, because it is considered fruit.

[ãó ðè òîåã à (òåæ åäãø)] àîø øáé æòéøà ìøáé ôãú ëîä ãúéîà úîï äìëä ëøáé éäåùò åëà àîø äìëä ëø''ù

(b)

(R. Zeira to R. Pedas): Just as you say there that the Halacha is like R. Yehoshua, so too here, the Halacha is like R. Shimon (as they agree).

àîø øáé éåðä åãîéà äéà ëì øáä ÷èó áèì òì âáé ùøôå àéìï àéðå áèì òì âáé ùøôå

(c)

(R. Yona): Are all parts of balsam comparable? Balsam is planted for its sap and the fruit and tree are secondary to it. (Therefore, in such a case, even R. Yehoshua agrees that the sap is Orlah.) However, the tree in the Mishnah in Orlah is not secondary to the sap (since the primary purpose of planting is for the fruits and the sap is secondary. Therefore, R. Yehoshua reasons that the sap is not Orlah.)

àåëìé áäîä ÷ãåùú ùáéòéú çìä òìéäï åàéï ÷ãåùú òøìä çìä òìéäï

(d)

Animal food has the sanctity of Sheviis but does not have the prohibition of Orlah (as Orlah only applies to human food).

[ãó ëà òîåã à] àîø øáé àáéï àéú ìê çåøé [ãó ðè òîåã á (òåæ åäãø)] øáé éäåùò àîø ùîåòä åø''ù áùí âøîéä àîø ìä

(e)

(R. Avin): One can give another proof (to show that R. Shimon and R. Yehoshua are different). R. Yehoshua related his ruling as something he heard (from his teacher); R. Shimon related it as his own ruling (and if R. Shimon had been following the opinion of R. Yehoshua, he would have quoted him.)

ùøó ôéøé ôâéï ôéøé åàéï úéîø ùøó ôéøé òùä ëï áúøåîä (àñåø)[îåúø] åàéï úéîø ôâéï ôéøé òùä ëï áúøåîä (îåúø)[àñåø] ìîä ùäðééú úøåîä îåúøú åäðééú òøìä àñåøä

(f)

Question: When R. Yehoshua said (in Maseches Orlah) that the sap of unripe fruits is prohibited, 'because it's considered fruit', did he mean that sap is considered fruit or is unripe fruit considered fruit? (What's the difference?) If you say that the sap is considered fruit, if milk was curdled in unripe sap of Terumah, it will be prohibited (to non-Kohanim); if you say that the unripe fruit is considered fruit, it's sap is not the fruit so the milk it curdled would be permitted to non-Kohanim.

äëà àú àîø éì÷è àú äåøã åëà àú àîø çééá ááéòåø

(g)

Question: (The Mishnah taught (Chulin 27-1(d)) that new (7th year) rose preserved in old (6th year) oil - he should pick out the rose. Old rose in new oil requires Biur.) First you said that he may pick out the rose (and the oil is permitted without Biur) and then you said that the rose needs Biur (because it absorbed the oil)?

øáé àáäå áùí øáé éåçðï úøéï úðééï àéðåï

(h)

Answer (R. Abahu citing R. Yochanan): They are taught by two Tannaim who disagree.

àîø øáé æòéøà éëéì àðà ôúø ìääï åøãé áúøé úðééï åøã çãù ùëáùå áùîï éùï åøã ùì ùáéòéú ùëáùå áùîï ùì ùùéú åéùï áçãù åøã ùáéòéú ùëáùå áùîï ùì ùîéðéú:

(i)

Answer #2 (R. Zeira): There's no contradiction - 'new rose in old oil' refers to Sheviis rose preserved in 6th year oil; but 'old rose in new oil' refers to 7th year rose in 8th year oil.

HADRAN ALACH PEREK KLAL GADOL