KIDUSHIN 39 (18 Cheshvan) - Dedicated in memory of Rabbi Yosef Aharon and Sarah Chanah Plichtentrein and their son Yitzchak of Wachock, Poland, and in memory of the members of their community who were deported and sent to their deaths on 18 Cheshvan 5703. Dedicated by a grandson of Rabbi Plichtentrein.

1)ORLAH OF CHUTZ LA'ARETZ

(a)Answer: Indeed, Shmuel said that both Mishnayos (Orlah and Kilayim) should say the same thing. Either both say 'as long as you don't see the seller pick (Vadai Isur)', or both say 'as long as you don't pick it yourself.'

(b)Mar Brei d'Ravna learns the lenient version (in both cases, one may see the seller pick it).

(c)Levi asked Shmuel (in Chutz la'Aretz) to pick fruit (presumably Orlah) for him. Levi would not know that it is Vadai Orlah, so it would be permitted to him.

(d)Rav Avya and Rabah bar bar Chanan would supply each other with Orlah of Chutz La'Aretz (neither was Vadai that he received Orlah).

(e)(Eifa and Avimi): Orlah does not apply in Chutz La'Aretz.

1.When R. Yochanan heard this, he told Rav Yehudah to publicize (in the city of Eifa and Avimi) that Vadai Orlah (of Chutz La'Aretz) must be destroyed. Safek Orlah is permitted, but this should not be publicized;

2.The fruits of Eifa and Avimi must be buried;

3.R. Yochanan cursed anyone who would say that Orlah does not apply in Chutz La'Aretz.

(f)Question: Like whom do Eifa and Avimi hold?

(g)Answer (Beraisa - R. Elazar b'Rebbi Yosi, citing R. Eliezer): Orlah does not apply in Chutz La'Aretz.

(h)Contradiction (Mishnah - R. Eliezer): Even Chadash applies in Chutz La'Aretz (as well as Orlah and Kilayim).

(i)Correction: The word 'even' must be deleted from the text.

(j)(Rav Asi): A tradition from Moshe from Sinai forbids Orlah in Chutz La'Aretz.

(k)Question (R. Zeira - Mishnah): Safek Orlah in Eretz Yisrael is forbidden. In Surya, it is permitted. In Chutz La'Aretz, you may buy it, as long as you don't see the seller picking Vadai Orlah. (If Orlah of Chutz la'Aretz is forbidden mid'Oraisa, we must be stringent about a Safek!)

(l)Answer (Rav Asi): The tradition forbids only Vadai Orlah.

2)KILAYIM

(a)(Rav Asi): One is lashed mid'Oraisa for Kilayim in Chutz La'Aretz.

(b)Question (R. Elazar bar Asi - Mishnah): Kilayim in Chutz La'Aretz is forbidden mid'Rabanan.

(c)Answer: Rav Asi refers to grafting diverse species of trees.

1.(Shmuel): "Guard my statutes" - that I previously commanded (to Bnei Noach);

2."Do not crossbreed your animal, do not sow your field Kilayim" - the Isur in your field is (grafting, which overtly mixes two things) like the Isur of (crossbreeding) animals);

i.Just like crossbreeding animals applies in Chutz La'Aretz (it does not depend on the land), also grafting trees.

(d)Question: "Your field" connotes in Eretz Yisrael!

(e)Answer: That teaches that planting Kilayim is forbidden only in Eretz Yisrael. (Tosfos - this refers to Kil'ei ha'Kerem which we might have learned from a Kal va'Chomer. No verse is needed to permit (in Chutz la'Aretz) Kilayim not in a vineyard, for it depends on the land.)

(f)Rav Chanan and Rav Anan saw a man planting Kilayim in Chutz la'Aretz.

1.Rav Anan: We should excommunicate him!

2.Rav Chanan: You do not know the Halachah (he is not transgressing).

(g)They saw a man planting wheat and barley in a vineyard in Chutz la'Aretz.

1.Rav Anan: We should excommunicate him!

2.Rav Chanan: You do not know the Halachah. The Halachah follows R. Yoshiyah.

i.(R. Yoshiyah): One transgresses Kil'ei ha'Kerem only if he plants a grape seed and two other species together.

(h)Rav Yosef mixed diverse seeds and planted them together.

(i)Question (Abaye - Mishnah): Kilayim applies in Chutz la'Aretz mid'Rabanan!

(j)Answer (Rav Yosef): That refers to Kil'ei ha'Kerem, not Kil'ei Zera'im (diverse seeds not involving grapes or a vineyard).

1.Since one may not benefit from Kil'ei ha'Kerem in Eretz Yisrael, Chachamim forbade such Kilayim in Chutz la'Aretz;

2.One may benefit from Kil'ei Zera'im in Eretz Yisrael, so Chachamim did not forbid it in Chutz la'Aretz.

(k)Retraction (Rav Yosef): Even Kil'ei Zera'im is forbidden in Chutz la'Aretz. Rav planted his garden in distinct patches.

1.Suggestion: This was to avoid Kilayim!

(l)Rejection (Abaye): Had he planted like the Mishnah suggests (to maximize the distinct species within an area without transgressing Kilayim), that would be correct;

39b----------------------------------------39b

1.Since he didn't plant that way, he merely planted in patches so it should look nice, or for ease of harvesting.

3)THE REWARD OF MITZVOS

(a)(Mishnah): Hash-m bestows good to anyone who does a Mitzvah, and lengthen his days. The person will inherit the land;

1.The opposite applies if he does not do the Mitzvah.

(b)(Gemara) Contradiction (Mishnah #1): For the following Mitzvos, one is rewarded with dividends in this world, and the principal remains for him in the world to come: honoring parents, bestowing Chesed, hosting guests, and making Shalom between people. Talmud Torah is equivalent to all of them together.

(c)Answer (Rav Yehudah): Our Mishnah teaches that if anyone does one Mitzvah beyond his merits (that previously weighed equally against his sins), Hash-m will bestow good to him, like one who fulfilled the entire Torah.

(d)Inference: Regarding the Mitzvos listed Mishnah #1, he gets these rewards for doing one Mitzvah alone!

(e)Rejection (Rav Shemayah): No. The Mitzvos listed can tip the scales if a person's merits (with that Mitzvah) equal his sins.

(f)Contradiction (Beraisa): If one's merits outweigh his sins, Hash-m does evil to him. He will be punished like (is proper for) one who burned the entire Torah without a remnant;

1.If one's sins outweigh his merits, Hash-m will do good to him. He will be rewarded like (is proper for) one who fulfilled every letter of the Torah. (This is unlike our Mishnah, which says that one is rewarded for Mitzvos.)

(g)Answer #1 (Abaye): (Our Mishnah teaches that) Hash-m prepares him for a good day or a bad day (in the world to come. If one's merits and sins were equal and he did a Mitzvah, Hash-m punishes him in this world for his sins, so he will enjoy the world to come. If he did not do the Mitzvah, Hash-m pays him in this world for his Mitzvos, so he will not enjoy the world to come.)

(h)Answer #2 (Rava): The Beraisa is like R. Yakov, who says that reward for a Mitzvah cannot come in this world.

1.(Beraisa - R. Yakov): For any Mitzvah whose reward in mentioned in the Torah, one merits Techiyas ha'Mesim (revival of the dead).

2.Regarding honoring parents it says "in order that your days will be lengthened and it will be good for you". Regarding sending the mother bird away from her young it says "in order that it will be good for you and your days will be lengthened."

3.Question: If a man asked his son to bring him chicks from the top of a building, and the son obeyed, chasing away the mother away before taking the chicks, he fulfilled both Mitzvos. If the son fell and died on the way down, where is his reward (length of days)?!

4.Answer: We must say that the reward promised is in the world to come.

5.Question: Perhaps (the reward is in this world, so) such an incident would never happen!

6.Answer: R. Yakov witnessed such an incident.

7.Question: Perhaps the son was thinking about (sexual) transgression!

8.Answer: Hash-m does not punish for a bad intention (that was not carried out) - "if I saw sin in my heart, Hash-m will not hear,"

9.Question: Perhaps the son was thinking about idolatry - "in order to trap Bnei Yisrael in their hearts" (one is punished for thoughts of idolatry as if he served it)!

10.Answer: If reward for a Mitzvah would come in this world, the Mitzvah would have guarded him from having such thoughts.

(i)Question: How could such an incident occur? R. Elazar taught that those engaged in Mitzvos are not harmed!

(j)Answer #1: This occurred on the way back, after he did the Mitzvah.

(k)Objection: R. Elazar taught that those engaged in Mitzvos are not harmed, not on their way to the Mitzvah nor on the way back!

(l)Answer #2: The ladder was rickety; it was clearly dangerous.

1.We do not rely on miracles in dangerous situations. "Shmuel said, how can I go (to anoint David)? Sha'ul will hear and kill me!"

(m)(Rav Yosef): Had Acher expounded the verse like R. Yakov, he would not have become a heretic.

(n)Question: Why did he become a heretic?

(o)Version #1 - Answer: He also saw a son fulfill these two Mitzvos and die.

(p)Version #2 - Answer: He saw a pig dragging the tongue of Chutzpis the translator (a great Chacham and Tzadik killed by the Romans).

1.It appeared to him that there is no reward for Torah and Mitzvos, so he became a heretic.

4)REWARD FOR NOT SINNING

(a)Question (Rav Tuvi bar Rav Kisna - Mishnah): Hash-m does good to anyone who does a Mitzvah;

1.Inference: This is only if he does an action!

(b)Contradiction (Beraisa): One who refrains from sinning is rewarded like one who did a Mitzvah.

(c)Answer (Rava): The Beraisa discusses one who was tempted to sin and overcame it, like R. Chanina bar Papa.

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