CHULIN 31-43 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

USAGE OF FRUITS AFTER THEIR BIUR (Yerushalmi Sheviis Perek 9 Halachah 6 Daf 27a)

îùðä [ãó ëæ òîåã à] îé ùäéå ìå ôéøåú ùáéòéú åäâéò ùòú äáéòåø îçì÷ îæåï â' ñòåãåú ìëì àçã åàçã

(a)

(Mishnah): If one has Sheviis fruits and the time of Biur arrives, he should apportion food for three meals to each member of his household (and then perform Biur - remove the rest and declare it ownerless).

åäòðééí àåëìéï àçø äáéòåø àáì ìà äòùéøéí ãáøé øáé éäåãà

(b)

(R. Yehuda): Only the poor but not the rich may eat (from those ownerless fruits).

øáé éåñé àåîø àçã òðééí åàçã òùéøéí àåëìéï àçø äáéòåø

(c)

(R. Yosi): Both the poor and the rich may eat after the Biur.

[ãó òæ òîåã á (òåæ åäãø)] îé ùäéå ìå ôéøåú ùáéòéú ùðôìå ìå áéøåùä àå ùðúðå ìå îúðä

(d)

If one inherited or was given Sheviis fruits as a gift...

øáé ìéòæø àåîø éðúðå ìàåëìéäï

1.

(R. Eliezer): Give them to all who wish to eat from them.

åçëîéí àåîøéí àéï äçåèà ðùëø àìà éîëøå ìàåëìéäï åãîéäï éúçì÷å ìëì àãí

2.

(Chachamim): A sinner must not benefit (by eating fruits that are prohibited) - rather, they should be sold to those who wish to eat from them and the money should be divided among all.

äàåëì îòéñú ùáéòéú òã ùìà äåøîä çìúä çééá îéúä:

(e)

One who eats from Sheviis dough that did not have its Challah taken is liable to death.

âîøà î''è ãøáé éåãà (ùîåú ëâ) åàëìå àáéåðé òîê åéúøí

(f)

(Gemara): Why did R. Yehuda only permit them to the poor? The pasuk states (Shemos 23:11), "...and the destitute of your nation shall eat and what they leave over...''.

îä èòîà ãøáé éåñé åàëìå àáéåðé òîê åéúøí

(g)

Why did R. Yosi also permit the rich? "...and the destitute of your nation shall eat and what they leave over...'' (others shall also eat).

úðé ø''ù àåîø òùéøéï àåëìéï îï äàåöø àçø äáéòåø

(h)

Baraisa (R. Shimon): The rich may eat from the storehouse after Biur is done (but not before that, like R. Yehuda).

î''è ãøáé ùîòåï åàëìå àáéåðé òîê òã éúøí

(i)

What is R. Shimon's source for this? He understands the pasuk to be saying that the destitute of your nation shall eat from that which is left.

ø''ù áï ì÷éù àåîø áôéøåú òáéøä äéà îúðé'

(j)

Explanation #1 (R. Shimon ben Lakish): (The Mishnah taught that if one inherited or was given Sheviis fruits as a gift, R. Eliezer said that one may give them to all who wish to eat from them. The Chachamim said that a sinner must not benefit - rather, they should be sold to those who wish to eat from them and the money should be divided among all.) A sin was done with these fruits (that they were picked in a prohibited way).

[ãó òç òîåã à (òåæ åäãø)] åäúðé äîåöà ôéøåú òáéøä àñåø ìéâò áäï

(k)

Question (Baraisa): One who finds Sheviis fruits that were not removed at the prescribed time may not be eaten...? (R. Eliezer had allowed them to be distributed to be eaten.)

ùðééà äéà îöéàä ùðééà äéà ùðôìå ìå òì ëøçå

(l)

Answer: There's a difference between finding and inheriting. They decreed in the case of finding, because a prohibition had been done with them and they did not want the person to go acquire them. But if such fruits were inherited, he automatically acquired them without choosing to do so, so Chazal didn't prohibit them.

øáé éåçðï àîø áôéøåú äéúø äéà îúðé'

(m)

Explanation #2 (R. Yochanan): The fruits were permitted (as they were inherited before the time of Biur).

áäãà úðéðï ø''à àåîø éðúðå ìàåëìéï

(n)

Question: That was the case for which R. Eliezer said that one may distributed them to be eaten? (Why not eat them himself?!)

ø''à ãäåà ùîåúé ãúðéðï àåëìéï ôéøåú ùáéòéú (áèåáä å(ùìà áèåáä ëãáøé á''ù

(o)

Answer: R. Eliezer was a student of Beis Shammai, who taught that one eats Sheviis fruits without having gratitude (to the owner, since they fruits are ownerless. So if a person inherited or received Sheviis fruits, he may not eat them alone and show gratitude towards the one who bequeathed them to him; rather, he must eat them with other people).

áäãà øáðï îúéáéï ìéä ùàéï çåèà ðùëø

(p)

Question: The Chachamim reason that one may eat Sheviis produce even with gratitude, so what's the meaning of 'a sinner must not benefit'? (No sin was done!)

áùéèúå äùéáåäå áùéèúê ùàú àåîø éðúðå ìàåëìéäï ùàéï çåèà ðùëø

(q)

Answer: They responded according to the opinion of R. Eliezer - 'according to you that one may not eat them with gratitude, how could you permit him to eat them with others - as a sinner, he must not benefit from them!'

àîø øáé áéáé äåøé øáé éåñé áàéìéï ÷åðãñéà ùéìëå îòåúéäï ìéí äîìç

(r)

(R. Bayvai): R. Yosi ruled about Kundasiya (animal food that has the sanctity of Sheviis) that (if they weren't removed) their money must be discarded in the Dead Sea. (The penalty even applies to animal food).

[ãó òç òîåã á (òåæ åäãø)] øáé îðà ùàì ìøáé çæ÷éä îäå (îééëìà áôåðééï)[îééáìà ëôåðééï] ìàù÷ìåï

(s)

Question (R. Mana to R. Chizkiyah): May one take unripe dates to Ashkelon (that is considered Chutz LaAretz according to the earlier Mishnah in Perek 6 - Chulin 20(c))?

à''ì àñåø

(t)

Answer (R. Chizkiyah): It is prohibited.

øáé çæ÷éä äåä ÷àéí áùå÷à ã÷éñøéï çîé çã èòåï òìì îï àéñåøé äôê àôåé ãìà îçîéðéä úðé ôø÷ ëì ëê ìîä ëãé ùéòùä î÷åîå äåëéç ùîò øáé éò÷á áø àçà åàîø [ãó ëæ òîåã á] àîä ãäï éìãú áø

(u)

R. Chizkiyah was standing in the Kisarin market. He saw someone loading up bundles of Sheviis fruits that had not been removed. He turned his face away and called out to him to take down the load. Why did he turn away? To inform others that the fruits are prohibited. R. Yaakov bar Acha heard about this and said, "Fortunate is his mother who gave birth to such an important son''.

øáé éäåùò áï ìåé äåä îô÷éã ìúìîéãéí ìà úæáåï ìé éø÷ àìà îï âéðúà ãñéñøà ÷í òéîéä æëåø ìèåá à''ì àéæéì àéîà ìøáê ìéú äãà âéðúà ãñéñøà ãéäåãàé äåú å÷ìèìé' åðñáéä îéðéä àéï áòéúà îçîøà òì ðôùê àùúååé ìçáøê

(v)

R. Yehoshua ben Levi would instruct his student, "Don't buy for me except from the garden of Sisra''. (Sisra was a gentile and R. Yehoshua ben Levi relied on him that he had inherited his land rather than stolen it, so the produce there was certainly exempt from Sheviis.) Eliyahu HaNavi came to the student and said, "Go and tell your teacher that the garden of Sisra had belonged to a Jew and Sisra killed him and took his land! If you wish to be stringent not to buy from gentiles, you also shouldn't buy from him!''

çã áø ðù äåä çùéã òì ùîéèúà àîø ìàéúúéä àô÷éï çìúä à''ì ääåà âáøà çùéã òì ùîéèúå åàú àîø àô÷éï çìúä

(w)

A certain person was suspecting of not declaring ownerless his produce on Sheviis. He said to his wife, "Separate Challah from the dough''. She said, "You are suspected for Sheviis and you are telling me to separate Challah?!'' (You don't care about the prohibition of Sheviis but you care about separating Challah?!)

à''ì çìúä îãáø úåøä ùáéòéú îãøáï âîìéàì åçáéøéå:

(x)

He replied - Separating Challah is from the Torah; Sheviis nowadays is a Rabbinic requirement from Rabban Gamliel and his colleagues.

HADRAN ALACH PEREK HAPEIGAM