KERISUS 20 (10 Elul) - This Daf has been dedicated in memory of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.


REASONS WHY CERTAIN ISURIM ARE BATEL (Yerushalmi Orlah Perek 2 Halachah 1 Daf 10a)



Question: (In the Seifa of the Beraisa, if Chatas Tamei became mixed with 100 Tehoros, R. Yehudah says that it is Batel and we remove one.) How does he hold - like R. Li'ezer or like R. Yehoshua?

[] ( [] ) [" - ]


If he holds like R. Li'ezer [who says that when a Se'ah of Tamei Terumah fell into 100 of Chulin, the Se'ah that we remove is what fell in, and we burn it, also here] we remove and burn it. If he holds like R. Yehoshua [who says that the Se'ah removed is not what fell in], we remove and eat.

[ ] ( - )


Question: Who is the Tana [of our Mishnah, who holds that [all the matters called Terumah] join with each other?

' .


Answer: It is R. Meir, for R. Avahu citing R. Yochanan said 'according to R. Meir, all Isurim join to be lashed for a k'Zayis of them, due to "Lo Sochal Kol To'evah."

[ ( )] .


Question: Here (the matters called Terumah) you say that he must remove (from the mixture the amount of Isur that fell in), and here (Orlah and Kil'ai ha'Kerem) you say that he need not remove!



Answer (R. Yakov bar Zavdi citing R. Avahu citing R. Yochanan): [Regarding Terumah he must remove] due to Gezel ha'Shevet (lest Kohanim lose what they were entitled to).



Support (Beraisa): Any Terumah that Kohanim are not adamant about it, e.g. Terumah of Kelusin (a legume), carobs, and barley in Edom, one need not remove [if it became mixed with Chulin].


(Mishnah): Orlah and Kil'ai ha'Kerem are Batel in 201.


Question: What is the source that they are Batel?



Answer: It says "Mele'ah" [regarding Kil'ai ha'Kerem, and] Mele'ah (there regarding Terumah). Just like there it is Batel, also here it is Batel.


Suggestion: Just like there [it is Batel in] 100, also here [it should be Batel in] 100!



Rejection: Because the Torah doubled its Isur (also Hana'ah is forbidden), Chachamim doubled its obligation (Shi'ur for Bitul).


Question: This is for [Bitul of] Kil'ai ha'Kerem. What is the source for Orlah?

. .


Answer: Just like this (Kil'ai ha'Kerem) is Isur Hana'ah, this (Orlah) is Isur Hana'ah. Just like this is Batel, this is Batel.

' ' .


Question: This is like R. Akiva [who learns Lamed (a matter learned from elsewhere) from Lamed]. According to R. Yishmael [who does not learn Lamed from Lamed, at the beginning of Kidushin 1:2, what is the source? We explained this like GILYON EFRAYIM, SHA'AREI TORAS ERETZ YISRAEL.]

( ) [" - "] .


Answer #1 (R. Yochanan citing R. Yishmael): We learn from a Kal v'Chomer from Terumah. The Isur of Terumah is permanent, yet it is Batel. The Isur of Orlah is not permanent (it is only three years), all the more so (it is Batel)!

( ' ) [" - "]


Rebuttal: If you will say that Terumah [is Batel], for there is a Heter to its Isur (it is permitted to Kohanim), will you say so about Orlah, which has no Heter to its Isur (Peros Orlah are never permitted?! We explained this like GRA.)


Answer #2 (R. Chinena): We learn from a Gezeirah Shavah "Pri-Pri".