MENACHOS 49 (23 Nisan) - dedicated by Mr. Avy Reichman of Queens, NY, l'Iluy Nishmas his father, Dovid ben Avraham, for the day of his Yahrzeit.

1)

A BORDER THAT WAS REDUCED (Yerushalmi Kilayim Perek 3 Halachah 2 Daf 15a)

îùðä ëì îéï æøòéí àéï æåøòéï áòøåâä åëì îéï éø÷åú æåøòéï áòøåâä. çøãì åàôåðéï äùåôéï îéï æøòåðéï. àôåðéï äâîìåðéï îéï éø÷.

(a)

(Mishnah): All species of seeds may not planted in one vegetable bed, but all species of vegetables may. Mustard and small peas are considered seeds; large peas are a type of vegetable.

âåáì ùäéä âáåä èôç åðúîòè ëùø. ùäéä ëùø îúçéìúå.

(b)

If a border wall had been a Tefach tall and it was reduced, it remains valid since it began valid.

äúìí åàîú äîéí ùäï òîå÷éï èôç. æåøòéï ìúåëï ùìùä æéøòåðéï àçã îéëï åàçã îéëï åàçã áàîöò:

(c)

If a furrow or a stream were a Tefach deep, one may plant three types of seeds in them - one on each side and one in the middle.

âîøà ëì îéï æøòéí åëå'. çøãì åäàôåðéï äùåôéï îéï æøòéí [åàò"ô] ùæøòï ìéø÷ àéï ðåúðéï àåúï òì âáé òøåâä.

(d)

(Gemara): 'All species of seeds...mustard and small peas are considered seeds' - even if he planted them to eat when still moist, it's not the norm and they are considered seeds that may not be planted with several other seeds in a bed.

[ãó ëç òîåã á (òåæ åäãø)] äàôåðéï äâîìåðéï åôåì äîöøé ùæøòï ìæøò àéï ðåúðéï àåúï òì âáé òøåâä. æøòï ìéø÷ ðåúðéï àåúï òì âáé òøåâä.

1.

Large peas and Egyptian beans that were planted for their seeds may not be planted with several other seeds in a bed. If he planted them to eat, he may plant them in a bed.

åùàø [éø÷åú ùãä åéø÷åú](æéøòåðé) âéðä ùàéï ðàëìéï àó òì ôé ùæøòï ìæøò ðåúðéï àåúï òì âáé òøåâä:

2.

Other field vegetables and garden vegetables that are not eaten, even if he planted them for their seeds, they may be planted with several other seeds in a bed.

ðúîòè ëùø: àîø øáé àéîé äãà ãàú àîø ìæøòéí ùáå äà ìæøò áå áúçéìä àñå'.

(e)

The Mishnah taught that if a border wall had been a Tefach tall and it was reduced, it remains valid since it began valid. R. Imi said that it still permits allowing the seeds that he had planted earlier, but to plant new would be prohibited.

òáø åæøò [ãó èå òîåã á] îàçø ùàìå îåúøéï àó àìå îåúøéï.

(f)

If he transgressed and planted there, since these are permitted, those are permitted.

øáé éøîéä áòé ðéçà ðò÷øå äùðééí äøàùåðéí îåúøéï. ðò÷øå äøàùåðéí äùðééí îä äï.

(g)

Question (R. Yirmiyah): It's understandable that if the second ones (planted after the border was reduced) are uprooted, the first ones are permitted; but if the first ones are uprooted, what is the status of the second ones?

ðéùîòéðä îï äãà. äîéèä ùðéèìå ùúé àøåëåú ùìä åòùä ìä àú äçãùåú åìà ùéðä àú äð÷áé'. ðùúáøå çãùåú èîéàä åéùðåú èäåøä ùäëì äåìê àçø äéùðåú. äãà àîøä ðò÷øå äùðééí äøàùåðéí îåúøéï. ðò÷øå äøàùåðéí äùðééí àñåøéï.

(h)

Answer (Mishnah in Maseches Keilim): A bed that had its two lengths removed and new lengths were made without changing the holes of the horizontal bars, it remains Tamei (as the old lengths could still be returned). Therefore, if the new lengths broke, it remains Tamei, but if the old lengths or widths broke, it is Tahor (as the old bed is now irreparable). This shows that if the second plantings were uprooted, the first ones are permitted; if the first plantings were uprooted, the second ones are prohibited.

øáé éåðä àîø øáé æòéøà åøáé àéîé úøåéäåï áùí øáé éåçðï çã àîø ñåîëéï ìâãø åàéï ñåîëéï ìâåáì. åçøðä àîø [ãó ëè òîåã à (òåæ åäãø)] âåáì ùðúîòè ëùø. äà âãø ùðúîòè ôñåì. åìà éãòéï îà àîø ãà åîàï àîø ãà.

(i)

(R. Yona): R. Zeira and R. Imi both spoke in the name of R. Yochanan (that there's a difference between a fence and a border) - one said that one may plant two types of seeds on either side of a 10 Tefach-tall fence, but one may not plant them on either side of a border (since it's only a Tefach wide). The other one said that a border that was reduced is valid (meaning that seeds on either side are not Kilayim). From this we can deduce that if there was a fence that was reduced, it is invalid. However, it is unclear who said each statement...

îï îä ãàîø øáé éåñé øáé æòéøà áùí øáé éåçðï ñåîëéï ìâãø åàéï ñåîëéï ìâåáì.

(j)

Proof: From the statement of R. Yosi/ R. Zeira citing R. Yochanan that one may plant two types of seeds on either side of a fence but one may not plant them on either side of a border...

äåé øáé àéîé ãå àîø âåáì ùðúîòè ëùø. äà âãø ùðúîòè ôñåì.

1.

This shows that it was R. Imi who said that a border that was reduced is valid; however, a fence that was reduced is invalid.

àîø øáé éåñé àåó àðï úðéðï úøúéäåï âåáì ùðúîòè ëùø. äà âãø ùðúîòè ôñåì.

(k)

(R. Yosi): We could have also learned these two laws in the Mishnayos (of this Maseches) - A) 'A border that was reduced is valid' - this means that a fence that was reduced is invalid (otherwise it should have appeared earlier in the second Perek amongst the laws of fences and said that if they are reduced, they are valid).

ñåîëéï ìâãø ãúðéðï äñåîê ìáåø åìðéø åìâôà åìãøê åìâãø ùäå' âáåä òùøä èôçéí.

1.

B) 'One may plant (two species) close to a fence (one on either side)'. This was taught earlier in the Mishnah (Menachos 40/Kilayim Perek 2 Mishnah 6), "One may plant them close to fallow land, plowed land, a stone fence, a (4 Tefach-wide) path, a 10 Tefach high fence".

àéï ñåîëéï ìâåáì ãúðéðï äúìí åàîú äîéí ùäï òîå÷éï èôç æåøòéï ìúåëä (ùùä)[ùìùä] îéðé æéøòåðéï àçã îéëï åàçã îéëï åàçã áàîöò. àí àåîø àú ùñåîëéï ìâåáì éæøò ìîèï ëîä ùåøåú.

2.

And the other part of that law of R. Yochanan is that 'one may not plant two species on either side of a border'. This was also taught in the Mishnah, when it said, "If a furrow or a stream were a Tefach deep, one may plant three types of seeds in them - one on each side and one in the middle." If it would be permitted to plant near a border, he should plant several rows on either side of the furrow (with the furrow separating between them).

àîøéï çáøéà ÷åîé øáé ùîåàì áø àáéï úéôúø ùäéä æåøò áøàù äâåáì.

(l)

Rebuttal (Chevraya to R. Shmuel bar Avin): When the Mishnah didn't allow planting rows on each side of the furrow, it was when he planted on the very top edge of the border (thereby allowing only one species to be planted).

àîø ìå àéï ëéðé éò÷åø àåúå ä÷ìç åéæøò ìîèï ëîä ùåøåú. ìà îåèá ìò÷åø ÷ìç àçã åìæøò ìîèï ëîä ùåøåú:

(m)

Rejection (R. Shmuel bar Avin to Chevraya): If so, why wouldn't he uproot the stalk that he planted on the very top edge of the border and instead plant several rows on each side.