MENACHOS 9 (8 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

1)

TWO SHARECROPPERS DIVIDING THE PRODUCE (Yerushalmi Demai Perek 6 Halachah 7 Daf 28b - misnumbered as Halachah 6)

[ãó ñà òîåã á (òåæ åäãø)] îùðä ùðéí ù÷áìå ùãä áàøéñåú àå ùéøùå àå ùðùúúôå éëåì äåà ìåîø ìå èåì àúä çèéí ùáî÷åí ôìåðé åàðé çèéí ùáî÷åí ôìåðé àúä ééï ùáî÷åí ôìåðé åàðé ééï ùáî÷åí ôìåðé àáì ìà éàîø ìå èåì àúä çèéí åàðé ùòåøéí èåì àú äééï åàðé àèåì àú äùîï

(a)

(Mishnah): If two people received a field as sharecroppers or they inherited or partnered in it, the one who tithes may say to the other, "You take the wheat in this place and I'll take the wheat in another place" or "You take the wine in this place and I'll take the wine in another place". However, he may not say, "You take the wheat and I'll take the barley" or "You take the wine and I'll take the oil".

çáø åòí äàøõ ùéøùå àáéäí òí äàøõ éëåì äåà ìåîø èåì àúä çèéí ùáî÷åí ôìåðé åàðé çèéí ùáî÷åí ôìåðé àúä ééï ùáî÷åí ôìåðé åàðé ééï ùáî÷åí ôìåðé àáì ìà éàîø ìå èåì àúä çèéí åàðé ùòåøéí èåì àúä äìç åàðé àèåì àú äéáù:

(b)

If a Chaver and an Am HaAretz inherited their Am HaAretz father; the Chaver may say, "You take the wheat in such and such place and I'll take the wheat in another place" or "You take the wine in such and such place and I'll take the wine in another place". But he shouldn't say, "You take the wheat and I'll take the barley" or "You take the moist and I'll take the dry".

âîøà úðé éùøàì åòëå"í ù÷ðå ùãä áñåøéà äøé äåà ëèáì åëîòùø îòåøáéï æä áæä ãáøé øáé

(c)

(Gemara) (Tosefta)(Rebbe): If a Jew and a gentile bought land in Suria, it is like Tevel and Maaser mixed together.

øùá"â àåîø çì÷å ùì éùøàì çééá çì÷å ùì òëå"í ôèåø

1.

(Rabban Shimon ben Gamliel): The Jew's portion is obligated and the gentile's portion is exempt.

øáé éñà áùí øáé çðéðà îä ôìéâéï ëùçì÷å ùãä á÷îúä [ãó ñá òîåã à (òåæ åäãø)] àáì àí çì÷å âãéù àó øùá"â îåãä ìøáé ùëì ÷ìç å÷ìç ùì ùåúôåú äéà

(d)

(R. Yasa citing R. Chanina): They disagree when the produce was divided whilst still connected; but if they divided it after it was harvested into a stack (so that it is all mixed together), even Rabban Shimon agrees to Rebbi that each and every stalk is jointly owned.

à"ø éåðä øáé éåñé áùí øáé éåçðï îä ôìéâé' ëùçì÷å ùãä á÷îúä àáì àí çì÷å òîøé' àó øùá"â îåãä ìøáé ùëì ÷ìç å÷ìç ùì ùåúôåú äåà

(e)

(R. Yona/ R. Yosi citing R. Yochanan): They disagree when it was divided whilst still connected; but if they divided it after bundling into sheaves, even Rabban Shimon agrees that each and every stalk is jointly owned.

òì ãòúéä ãøáé éåðä îä áéï âãéù îä áéï òîøéí

(f)

Question: According to R. Yona, what's the difference between a stack and sheaves?

á÷åöø ëì ùäåà åîðéç ìôðéå

(g)

Answer: (They disagree) when one harvests each bunch of stalks and places it down in front of him.

à"ø äåùòéà äãà ãúéîà ù÷ðå ò"î ùìà ìçìå÷ àáì àí ÷ðå ò"î ìçìå÷ àó ø' îåãä ìøùá"â ùæä çì÷ îâéò ìå îùòä øàùåðä

(h)

(R. Hoshiya): This (dispute between Rebbi and Rabban Shimon) was when they acquired it on condition that they would not divide; but if they the condition was that they would divide, even Rebbi agrees to Rabban Shimon, that this portion that he receives was considered to have been his from the beginning.

à"ø éåñé îìéäåï ãøáðéï ôìéâéï ãà"ø àáäå áùí ø' éåçðï äùåúôéï îçìå÷ú øáé åøùá"â äàçéï äùåúôéï ìà ìçìå÷ äï:

(i)

(R. Yosi): But the Rabbis disagree with that - as R. Abahu taught from R. Yochanan that when brothers are partners (in their father's estate) there is a dispute between Rebbi and Rabban Shimon ben Gamliel. These brothers who are partners - aren't they going to divide?!

2)

IF A CONVERT INHERITS HIS FATHER (Yerushalmi Demai Perek 6 Halachah 8 Daf 28b - misnumbered as Halachah 7)

îùðä âø åòëå"í ùéøùå àú àáéäï òëå"í éëåì äåà ìåîø ìå èåì àúä ò"â åàðé àèåì àú äîòåú àúä ééï ðñê åàðé ôéøåú àí îùáàå ìøùåú äâø àñåø

(a)

(Mishnah): If a convert and a gentile inherited their father, a gentile; the convert can tell the gentile, "You take the idol and I'll take the money" or "You take the Yayin Nesech (wine used for idolatry) and I'll take the produce". But if those prohibited items had already come into his possession, he may not then trade them.

äîåëø ôéøåú áñåøéà åàîø îùì à"é äï çééá ìòùø [ãó ñá òîåã á (òåæ åäãø)] îòåùøéï äï ðàîï ùäôä ùàñåø äåà äôä ùäúéø

(b)

One who sells produce in Suria and said that they come from Eretz Yisrael, the buyer must tithe. If he says that they are tithed, he is believed, because the mouth that prohibited (by saying that they are obligated in tithes) was the mouth that permitted (by saying that they were already tithed).

îùìé äï çééá ìòùø îòåùøéï äï ðàîï ùäôä ùàñåø äåà äôä ùäúéø

1.

If the seller said that he grew them himself, the buyer must tithe. If he said that they are tithed, he is believed, because the mouth that prohibited is the mouth that permitted.

àí éãåò äåà ùéù ìå ùãä áñåøéà çééá ìòùø:

2.

But if it is known that the seller has a field in Suria, the buyer must tithe (as even without his admission that he grew them and that they are obligated in tithes, we already knew it).

âîøà éùøàì åòëå"í ù÷ðå áéúå ùì òëå"í åäéä ùí ééï ðñê åò"â åîòåú ìà éàîø ìå èåì àúä ééï ðñê åò"â åàðé îòåú

(c)

(Gemara) (Tosefta): If a Jew and a gentile bought the house of a gentile and it contained Yayin Nesech, an idol and money, the Jew cannot say, "You take the wine and the idol and I'll take the money".

à"ø éåçðï ìà ñåó ãáø ééï ðñê åò"â åîòåú àìà àôéìå äéå ùí ùðé öìîéï àçã òùåé ëîéï ãìåô÷é åàçã ùàéðå òùåé ëîéï ãìåô÷é ìà éàîø ìå èåì àúä àú ùàéðå òùåé ëîéï ãìåô÷é åàðé ðåèì àú äòùåé ëîéï ãìåô÷é

(d)

(R. Yochanan): Not only if it's Yayin Nesech, an idol and money, but even if there were two images, one formed like a table and one not formed like a table, he shouldn't tell the gentile, "You take the one not formed like a table and I will take the one formed like a table".

àîø øáé æòéøà åéàåú àéìå çáø åò"ä ùéøùå àú àáéäï ò"ä åäéå ùí ôéøåú îåëùøéï åôéøåú ùàéðå îåëùøéï ùîà àåîø ìå èåì àúä àú äîåëùøéï åàðé ðåèì àú ùàéðï îåëùøéï

(e)

(R. Zeira): R. Yochanan is correct - the Mishnah earlier (Halacha 6) taught explicitly that if a Chaver and Am HaAretz inherited their father, the Chaver shouldn't say "You take the moist (produce that has become wet and now able to contract Tumah) and I'll take the dry".

åäà îúðé' ôìéâà èåì àúä ò"â åàðé îòåú àúä ééï ðñê åàðé ôéøåú

(f)

Question: But our Mishnah disagrees with this, as it says that the convert may say, "You take the Yayin Nesech and I'll take the produce"...?

àîø ñéôà åìéú äéà ôìéâà àí îùáàå ìøùåú äâø àñåø åäëà îëéåï ù÷ðä ëîé ùðëðñ ìøùåúå

(g)

Answer: From that statement's latter clause, you see that it does not disagree - "But if those prohibited items had already come into his possession, he may not then trade them" - and here (in our Tosefta), since they bought it as partners, it's as if they are selling to each other. However, in the case of the convert and the gentile, it's not considered that they shared it, because a convert only inherits his father MiDeRabbanan.

ò÷éìñ äâø çéì÷ òí àçéå åäçîéø òì òöîå åäåìéê äðééä ìéí äîìç

(h)

(Tosefta continues): Akilus (Onkelos) the convert (who translated the Torah into Aramaic) divided his father's estate with his brothers and he was stringent with himself to thrown any benefit into the Dead Sea.

úìúà àîåøéï ç"à ãîé ò"â äåìéê ìéí äîìç åçøðà àîø ãîé çì÷å ùì ò"â äåìéê ìéí äîìç åçøðà àîø ò"â òöîä äåìéê ìéí äîìç àìà áùáéì ìò÷åø ò"â îáéú àáà:

(i)

Three Amoraim disagreed over the meaning of 'he was stringent with himself' - one said that it was the money received (by his father) for idols that he threw away. One said that they inherited money and idols and (although the Mishnah permitted him to keep the money) he threw away the money. One said that he (chose to receive idols as his portion) and then threw the idols into the sea. Why did he do this? In order to uproot the idols that his father owned.