MENACHOS 101-103 - Dedicated by Andy and Nancy Neff in memory of Lucy Rabin, Leah Miriam bat Yisroel. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin passed away on 14 Sivan 5767.

1)

BUYING TREES IN A PERSON'S FIELD (Yerushalmi Sheviis Perek 1 Halachah 2 Daf 1a)

îùðä àéæä ùãä äàéìï ëì ùìùä àéìðåú ìáéú ñàä àí øàåééï ìòùåú ëëø ãáéìä ùì ùùéí îðä áàéèì÷é çåøùéï ëì áéú ñàä áùáéìï

(a)

(Mishnah): What is a field of trees? If there are 3 trees in the area of a Beis Seah (50X50 Amos). If they are capable of producing a fig cake the value of 60 Italian Maneh (each Maneh being 100 Dinars). One may plow the entire Beis Seah for them.

ôçåú îéëï àéï çåøùéï ìäï àìà äàåøä åñìå çåöä ìå:

(b)

When capable of less than that, one may only plow the area under the trees and the area beyond it that is big enough for the harvester and his basket.

âîøà øá éäåãä áùí ùîåàì øáé àáäå [ãó à òîåã á] áùí øáé éåçðï ä÷åðä ùìùä àéìðåú áúåê ùì çáéøå øçå÷éí îèò òùø ìáéú ñàä ÷øåáéí ëãé ùéäà äá÷ø òåáø áëìéå ÷ðä ÷ø÷ò ùúçúéäï ÷ø÷ò ùáéðéäï ùçåöä ìäï îìåà äàåøä åñìå

(c)

(Gemara) (Rav Yehuda citing Shmuel/ R. Abahu citing R. Yochanan): If one buys three trees in another's field that are no more than roughly 18.25 Amos away from each other (based on the calculation of the maximum distance between one tree and the next in a Beis Seah of 10 trees) and no closer than the distance wide enough for an ox with its pack to pass - he acquires the land beneath the trees and between them, as well as a distance around them large enough for the harvester and his basket.

øá àîø áòùåééï öåáø

(d)

(Rav): The Amoraim are discussing when the three trees are standing in a triangle.

åùîåàì àîø áòùåééï ùåøä

(e)

(Shmuel): Even if they are standing in a row.

àîø øáé éåñé úîï àéúàîøú åëà ìà àéúàîøú

(f)

(R. Yosi): This dispute was said about acquiring the land; but here, concerning the laws of Sheviis, there's no dispute (as Shmuel agrees with Rav that he may only plow the entire Beis Seah until Shavuos if the trees are planted in a triangle).

[ãó â òîåã à (òåæ åäãø)] à"ø éåðä àôéìå äëà àéúàîøú á÷øåáéí

(g)

(R. Yona): They also disagree here over Sheviis, when the trees are close together.

à"ì øáé îðà åàí á÷øåáéí åäà úðéðï ëãé ùéäà äá÷ø òåáø áëìéå àéúà çîé áùòä ùäá÷ø òåáø áëìéå äùøùéí îäìëéï îï äöã åáùòä ùàéï äá÷ø òåáø áëìéå àéï äùøùéí îäìëéï îï äöã.

(h)

Question (R. Mana): If they are close together, we've learned in the Mishnah that it must be, 'wide enough for an ox with its pack to pass' - but let's see - when the ox passes with its pack, the roots spread out sideways; and if there isn't enough room for the ox to pass with its pack, the roots don't spread out sideways?

2)

POSITIONING OF THE TREES WITHIN A BEIS SEAH (Yerushalmi Sheviis Perek 1 Halachah 2 Daf 1b)

ø' ìéòæø ùàì îæå ìæå ùù òùøä åìöã òùøéï åçîù

(a)

Question (R. Eliezer): When the trees are positioned in a straight line in the middle of the Beis Seah (50X50 Amos), there are 16 Amos between each tree and the next; and perpendicular from the line of trees to the edge of the field is 25 Amos each way. (If 16 Amos suffices for a tree, why does it require 25 Amos in each direction)?

øáé ùîåàì áø øá éöç÷ áòé äéå ðúåðéí áöã äâãø çåøùéí ëì áéú ñàä áùáéìï

(b)

Question (R. Shmuel bar Rav Yitzchak): If they were positioned next to the edge of a field, do they allow plowing a full Beis Seah on the other side of the fence?

[ãó â òîåã á (òåæ åäãø)] àîø øáé éåñé àéï áòé ðéúï ìäï (àøáòéí)[àøáòä] ñàä ñàä îëàï åñàä îëàï ñàä îëàï åñàä îëàï

(c)

(R. Yosi to R. Shmuel bar Rav Yitzchak): According to you, if he is given it even if the trees are next to the fence, you should always give trees a Beis Seah in every direction and it should in fact be permitted to plow an area of 4 Beis Seah for the 3 trees...?

ø' éøîéä áòé äéúä âôï àçú îåãìä òì âáé ùúé ñàéï àú çåøù ÷ø÷ò ùúçúéä å÷ø÷ò ùçåöä ìå îìåà äàåøä åñìå çåöä ìå

(d)

Question (R. Yirmiyah): (The Mishnah taught 'When capable of less than that, one may only plow the area under the trees and the area beyond it that is big enough for the harvester and his basket'.) If there was one grapevine raised up on canes that spread out two Seah, would it be permitted to plow the entire area under the trees and the area beyond it big enough for the harvester and basket; or only until a Beis Seah? (The Gemara leaves this question unanswered.)

áàéñåø ùðé ôø÷éí äøàùåðéí (àìå)[àéìï] îìîòìï çåøùéï áå îìîèï (åàìå)[åàéìï] îìîèï çåøùéï áå îìîòìï

(e)

During the period when there was a prohibition to plow according to the two times that the Chachamim set (before Rabban Gamliel and his Beis Din permitted them - see above 100-1(e)), if there was a field on a slope, with three trees at the top and a space of 50 Amos followed by another three trees - for the upper trees, they may plow 25 Amos down from them and for the lower trees, they may plow 25 Amos above them.

ðéçà (àìå)[àéìï] îìîòìï çåøùéï áå îìîèï (àìå)[àéìï] îìîèï çåøùéï áå îìîòìï.

(f)

Question: It is understandable that for the upper trees he may plow 25 Amos below them, by why may he plow 25 Amos above the lower trees?

ðùîéòðà îï äãà îøçé÷éí àú äàéìï îï äáåø òùøéí åçîù àîä åúðé [ãó á òîåã à] òìéä áéï îìîòìï áéï îìîèï àå ðéîø áéï ùäàéìï ìîòìï åäáåø îìîèï áéï ùäàéìï åäáåø îìîèï

(g)

Answer: Prove it from the following Mishnah (in Maseches Bava Basra) - One must distance a tree 25 Amos from a pit (as the tree's roots will damage the pit). And a Baraisa teaches, 'whether they are above or below'. Does this simply mean, whether the tree is above and the pit below and vice versa? Or does it mean, whether the tree is above and the pit is below and even when they are both below...?

åäúðé àéìï îìîòìï åäáåø îìîèï àéìï îìîèï åäáåø îìîòìï

(h)

But there is another Baraisa that teaches - Whether the tree is above and the pit below, or whether the tree is below and the pit is above (the 25 Amah separation is required).

ðéçà àéìï îìîòìï åäáåø îìîèï àéìï îìîèï åäáåø îìîòìï åãøê äùøùéí ìòìåú îìîòìï

1.

It's understandable if the tree is above and the pit is below; but if the tree is below and the pit above, do roots grow upwards? (This proves that tree roots do actually grow upwards - which also proves that the entire Beis Seah may be plowed when 3 trees are above and 3 below.)

[ãó ã òîåã à (òåæ åäãø)] àîø øáé çðéðà ìà îôðé äùøùéí àìà ùäï òåùéï òôø úéçåç åäï îì÷éï àøòéúå ùì áåø

(i)

Rebuttal (R. Chanina): It is not because of the roots; it is because the earth around them becomes crumbly, which damages the bottom of the pit.

àúà òåáãà ÷åîé øáé éñà ãáé øáé áåï àîø éçéãé äåà åìà ñîëåï òìéå ãúðé òìä ø"ù àåîø ëùí ùàîøå îìîòìï ëê àîøå îìîèï:

(j)

Such a case (where the field was sloped and the tree was below) came before R. Yasa of the House of R. Bun. He said that the Baraisa that taught that one may plow above is a single opinion, but the Rabbanan disagree in such a case and prohibit plowing above; as a Baraisa taught - R. Shimon said - Just as they said (that one may plow when the tree is) above, so they said it when it is below.