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SOTAH 43

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SUMMARY Pinchas was the Mashu'ach Milchamah when Klal Yisrael went out to fight Midyan.   Pinchas went to war with Midyan to take revenge for his great grandfather Yosef who was sold by the Midyanim.   The Shevatim disparaged Pinchas and they said that someone who descends from a person who fattened calves for an Avodah Zarah killed the Nasi of a Shevet.   Pinchas descended from both Yosef and Yisro.   Whether someone builds, purchases, inherits or receives as a gift a regular house or a storage house he is Patur from going out to war.   If someone plants a vineyard or five fruit trees he is Patur from going out to war. (1)   Whether someone is betrothed to a Besulah or a widow or a Shomeres Yavam he is Patur from going out to war. (2)   If the house was not yet lived in, or the vineyard was not yet redeemed, or he did not yet marry his Kalah, although he is Patur from war he must provide supplies and fix the road for the soldiers.   Someone who builds a gate house, balcony or porch, or plants four fruit trees or five barren trees is obligated to go out to war.   Someone who is Mekadesh his former wife or is Mekadesh someone who is forbidden to him must go out to war.   Rebbi Yehudah says that someone who is rebuilding his house must go out to war. (3)   Someone who built a house and is living in it less than a year or redeemed his vineyard within a year or got married within a year does not go out to war at all. (4)   First the Mashu'ach Milchamah talks and then the Shoter announces the word of the Mashu'ach and subsequently the Shoter talks in his own words.   If a person steals a house he must go out to war even if he did Teshuvah and subsequently paid for the house. (5)   Rebbi Yosi ha'Glili says that if someone is afraid because of transgressions that he committed he should not go out to war.   If someone grafts one type of tree on to another he must go out to war but if he grafts the same type of tree he does not go to war. (6)   If a person grafts a young branch on to an old tree the fruit of the branch is Patur from Orlah.   Someone who plants a tree to use it as a fence or to use it for its wood is Patur from Orlah. (7)   A tree that grew on its own is Chayav in Orlah.   A person does not turn back from war if he has a partner in his vineyard.   If there are five brothers and one of them dies at war without children all of the brothers turn back from the war.   It is a Machlokes Tana'im whether it is permitted to graft a tree with a vegetable.   A vine less than a Tefach high is forever Chayav in Orlah. (8)   It is forbidden to recite Keri'as Shema within four Amos of a Mes.   A poor person who makes a grain stack from Leket, Shichechah and Pe'ah that he collected must separate Ma'aser from the grain. (9)   A vine less than a Tefach that is planted next to vegetables does not prohibit the vegetables. (10) A BIT MORE 1. He is Patur from war whether he planted it, extended the vines underneath the ground, grafted it, purchased it, inherited it or received it as a gift.   2. Even if one hears that his brother died at war without children he is Patur from war since he must do Chalitzah or Yibum with the wife.   3. Rebbi Eliezer says that someone who is building a brick house in the Sharon must go out to war because it will not last and must be rebuilt twice every four years.   4. They do not even have to provide supplies or fix the roads.   5. Since he originally stole the house even though now he purchased it he must go out to war.   6. It is forbidden to graft one type of tree on to another and therefore it does not Patur him from the war because of it.   7. If someone grafts a branch into a tree that was planted for a fence the fruit of the branch is Chayav in Orlah. Even though a branch that is grafted on an old tree is Patur in Orlah, this case is different because a person could change his mind about the tree that was planted for a fence and decide he wants it for its fruit and then it will be Chayav in Orlah.   8. However it is only Chayav if there are only five vines, but if it is an entire vineyard it is not Chayav because there is a Kol that he has a strange vineyard.   9. Even though Leket, Shichechah and Pe'ah are Patur from Ma'aser, however he is Chayav mid'Rabanan if he makes a grain stack because people will think that it grew in his field. However it is only Chayav if he stacked them out in the field, not if he stacked them in the city.   10. However this is only true if there are only five vines, but if it is an entire vineyard it prohibits the vegetable even though the vines are less than a Tefach.

BRIEF INSIGHT MILCHEMES RESHUS   Pinchas went to war with Midyan to take revenge for his great grandfather Yosef who was sold by the Midyanim. Why is a reason needed, it was a Milchemes Mitzvah! The Pnei Yehoshua says that although Hashem commanded Klal Yisrael to fight Midyan it is regarded as a Milchemes Reshus not a Milchemes Mitzvah. The Din of a Milchemes Mitzvah is that all of the loot is permitted, even pig meat. Therefore there is no need to Kasher the utensils and that is why after the war with Sichon and Og the utensils that were looted were not Kashered. However the utensils that were looted from Midyan were Kashered because it was not regarded as a Milchemes Mitzvah. QUICK HALACHAH HOLDING UP THE REAR   Those that turn back from the war after hearing the words of the Kohen supply water and food to the soldiers and they fix the roads. (Rambam Hilchos Melachim 7:9)

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