MOED KATAN 3 (18 Av) - Dedicated in memory of Rabanit Miryam Rabinowitz zt'l, devoted wife of the Manostricher Rebbe shlit'a. May she be a Melitzas Yosher in heaven for her descendants and for all of Klal Yisrael.

1)

(a)Seeing as Zemirah (pruning) is included in Zeri'ah (sowing), and Betzirah (harvesting the grapes), in Ketzirah (harvesting the corn), why does the Torah find it necessary to mention them?

(b)How do we reconcile this Derashah with the Beraisa, which includes many other Toldos among the prohibitions of Shemitah?

(c)The Tana nevertheless cites the Pasuk "Sadecha Lo Sizra, v'Charmecha Lo Sizmor"(to learn from there that all Toldos are prohibited). How does he in fact, extrapolate that from there?

1)

(a)In spite of the fact that Zemirah (pruning) is included in Zeri'ah (sowing), and Betzirah (harvesting the grapes) in Ketzirah (harvesting the corn), the Torah needs to mention them - to exclude all other Toldos (as Rava just taught us).

(b)We reconcile this Derashah with the Beraisa, which includes many other Toldos among the prohibitions of Shemitah - by pointing out that Rava is speaking min ha'Torah, whereas the Beraisa is speaking mid'Rabanan.

(c)The Tana nevertheless cites the Pasuk "Sadecha Lo Sizra, v'Charmecha Lo Sizmor" (to learn from there that all Toldos are prohibited). The Tana extrapolated that from there - because the Torah ought otherwise to have written "Lo Sizra Sadecha, v'Lo Sizmor Karmecha".

2)

(a)The Tana now discusses Toldos that are forbidden in the Shemitah year. 'Nichush' means to weed, and 'Idur', to dig. What does 'Kisu'ach' mean? How does one distinguish between Nichush and Kisu'ach?

(b)Zirud means cutting off the excess branches (both wet and dry) and Pisug supporting a tree that is sagging because it is over-moist. What is 'Kirsum'? What is the difference between Kirsum and Zimur?

(c)The Beraisa continues 'Ein Mezavlin (manure) v'Ein Mefarkin (remove stones from the roots of the tree) 'Ein Me'avkin v'Ein me'Ashnin'. What is the meaning of ...

1. ... 'Ein Me'avkin?

2. ... 'Ein me'Ashnin'?

2)

(a)The Tana now discusses Toldos that are forbidden in the Shemitah year. Nichush means to weed, and Idur, to dig. Kisu'ach' means - to cut away the bad grasses, but from the top, as opposed to Nichush, where one pulls them out by the roots.

(b)Zirud means cutting off the excess branches (both wet and dry) and Pisug supporting a tree that is sagging because it is over-moist. 'Kirsum' means - pruning (like Zimur), but whereas Zimur refers to vines, Kirsum refers to other trees.

(c)The Beraisa continues 'Ein Mezavlin (manure) v'Ein Mefarkin (remove stones from the roots of the tree), Ein ...

1. ... Me'avkin - (to cover the exposed roots with earth).

2. ... me'Ashnin' - (smoking out the worms from the tree).

3)

(a)On what grounds does the Tana permit digging (Kishkush) under the olive-trees and (Idur) under the vines, filling the pits with water and building mounds of earth around the vines (Ugiyos)?

(b)We query the first of these however, from the Pasuk "v'ha'Shevi'is Tishmetenah u'Netashtah". How does the Beraisa interpret ...

1. ... "Tishmetenah"?

2. ... "u'Netashtah"?

(c)How do we reconcile this discrepancy?

3)

(a)The Tana permits Kishkush (digging) under the olive-trees and (Idur) under the vines, filling the pits with water and building mounds of earth around the vines (Ugiyos) - because it is not similar to sowing (which pertains specifically to a field).

(b)We query the first of these however, from the Pasuk "v'ha'Shevi'is ...

1. ... Tishmetenah ... " which the Tana interprets as 'desisting from Kishkush'.

2. ... u'Netashtah" ... which he interprets as 'desisting from stoning'.

(c)We reconcile this discrepancy - by referring to two kinds of digging: to improve the tree and to repair the cracks in the tree (to prevent it from deteriorating); the former is forbidden, whereas the latter is permitted.

4)

(a)Rebbi Yochanan and Rebbi Elazar argue over whether one receives Malkus for plowing in the Shemitah or not. We initially connect their Machlokes to a statement made by Rebbi Avin Amar Rebbi Ila'a. What did Rebbi Avin Amar Rebbi Ila'a say about a 'Klal ba'Aseh u'Frat b'Lo Sa'aseh'?

(b)How do we connect the Machlokes with Rebbi Avin's statement? Which of the above Amora'im automatically concurs with him?

(c)How do we refute this suggestion?

(d)On what grounds will one opinion hold 'Ein Lokin' even if he does not concur with Rebbi Avin?

4)

(a)Rebbi Yochanan and Rebbi Elazar argue over whether one receives Malkus for plowing in the Shemitah or not. We initially connect their Machlokes to a statement made by Rebbi Avin Amar Rebbi Ila'a. who says - that when the Klal appears in the form of an Aseh and the P'rat, in the form of a Lo Sa'asei, it does not qualify as a 'Klal u'Frat u'Chelal'.

(b)In our case too, "uva'Shanah ha'Shevi'is Shabbas Shabbason Yih'yeh la'Aretz" is an Aseh, and "Sadcha Lo Sizra ... ", a Lo'Sa'aseh" (from which we would include plowing). Consequently, the one who says Chayav, will not concur with Rebbi Avin.

(c)We conclude however, that both opinions disagree with Rebbi Avin ...

(d)... and one opinion holds 'Ein Lokin', even if he does not concur with Rebbi Avin - because, as Rava taught us earlier, all Toldos are precluded from the prohibition (from Zemirah and Betzirah, which are otherwise superfluous, seeing as the former is included in Zeri'ah and the latter, in Ketzirah).

5)

(a)We query the previous Derashah however, from another Beraisa. What does the Tana say about ...

1. ... Idur (digging under a vine), Kishkush (digging under an olive-tree) & Kisu'ach (removing the tops of bad grasses)?

2. ... Mekarsemin (pruning), Mezardin (removing the excess branches) & Mefasgin b'Ilan (supporting an over-watered tree)?

3. ... Mezavlin (manure the roots), Mefarkin (remove stones from the roots) & Me'ashnin (smoke out the worms)?

(b)From where does the Tana learn all of these?

(c)And from where does the Tana learn that digging under the olive-trees and under the vines, filling the pits with water and building mounds of earth around the vines is permitted?

(d)All nine items included in the first list are Toldos. How do we reconcile the earlier statement, that the only two Toldos for which one is Chayav min ha'Torah are Zemirah and Betzirah?

5)

(a)We query the previous Derashah however, from another Beraisa, where the Tana rules that ...

1. ... Idur (digging under a vine), Kishkush (digging under an olive-tree) & Kisu'ach (removing the tops of bad grasses) - are all forbidden in the Shemitah, and the same applies to ...

2. ... Mekarsemin (pruning), Mezardin (removing the excess branches) & Mefasgin b'Ilan (supporting an over-watered tree), and to ...

3. ... Mezavlin (manure the roots), Mefarkin (remove stones from the roots) & Me'ashnin (smoke out the worms).

(b)The Tana learns all of these from - "Sadcha Lo" "Karmecha Lo" (incorporating all Toldos that are performed either in connection with the field or the vineyard ...

(c)... with the sole exceptions of digging under the olive-trees and under the vines, filling the pits with water and building mounds of earth around the vines, which are permitted - which the Tana permits from the fact that the Torah mentions Zeri'ah specifically, even though it is included in "Shabbas Shabbason Yih'yeh la'Aretz" (to teach us that any Melachah that does not improve the actual field (like sowing) is permitted.

(d)All nine items included in the first list are Toldos. We reconcile the earlier statement, that the only two Toldos for which one is Chayav min ha'Torah are Zemirah and Betzirah - in that they all Asur only mid'Rabanan, and the Pasuk is an Asmachta.

3b----------------------------------------3b

6)

(a)When Rav Dimi came from Eretz Yisrael he said that the Chachamim there initially thought that one receives Malkus for transgressing Tosefes of Shemitah. What made them change their mind?

(b)Which two things did Rav Dimi not know?

(c)Rebbi Elazar interpreted Tosefes Shevi'is as plowing. Why did they refer to it as Tosfos Shevi'is?

(d)If they initially thought that one is Chayav Malkus on account of the 'Klal u'Frat u'Chelal', what made them change their minds?

6)

(a)When Rav Dimi came from Eretz Yisrael he said that the Chachamim there initially thought that one receives Malkus for transgressing Tosefes of Shemitah. They changed their minds however - because of a Limud from a Pasuk, as we shall see.

(b)Rav Dimi did not know a. what they meant by Tosefes Shevi'is, and b. which Limud made them change their minds.

(c)Rebbi Elazar interpreted Tosefes Shevi'is as plowing - which they referred to as Tosfos Shevi'is, because it is not written explicitly in the Pasuk.

(d)They initially thought that one is Chayav Malkus on account of the 'Klal u'Frat u'Chelal', but changed their minds - because the Torah inserted Zeri'ah and Zimur (Ketzirah and Betzirah), as we learned earlier.

7)

(a)Rebbi Yochanan interprets 'Tosefes' literally. To which prohibition were the Chachmei Eretz Yisrael then referring?

(b)And from which Pasuk in Ki Sisa did they initially learn that one is Chayav, according to him?

(c)According to Beis Shamai, one is permitted to plow a field of trees in the year of Erev Shemitah, as long as it benefits the sixth-year fruit. What do Beis Hillel say?

(d)What does the Tana comment about the gap between the two opinions?

7)

(a)Rebbi Yochanan interprets 'Tosefes' literally, and the Chachmei Eretz Yisrael were referring to the prohibition of plowing and reaping before the Shemitah year actually begins.

(b)According to him, they initially learned that one is Chayav, from the Pasuk in Ki Sisa - "b'Charish u've'Katzir Tishbos" (which is not needed for the Shemitah itself, as we shall see shortly).

(c)According to Beis Shamai, one is permitted to plow a field of trees in the year of Erev Shemitah, as long as it benefits the sixth-year fruit. Beis Hillel permit it - until Shavu'os.

(d)The Tana comments - that the gap between the two opinions is very narrow (see Tosfos DH 'Ad Atzeres' & Hagahos ha'Gra).

8)

(a)The Tana Kama of the Mishnah in Shevi'is permits plowing a wheat-field on Erev Shevi'is as long as some moist remains from last year's rains. Why is that?

(b)On what grounds does Rebbi Shimon object to this?

(c)Until when does he therefore permit plowing ...

1. ... a wheat-field?

2. ... a field of trees?

8)

(a)The Tana Kama of the Mishnah in Shevi'is permits plowing a wheat-field on Erev Shevi'is as long as some moist remains from last year's rains - because then, the plowing also benefits the sixth year's crop. From then on, it looks as if he is plowing for next year's cucumber and pumpkin harvest (as was the custom at that time).

(b)Rebbi Shimon objects to this - because then one is leaving it up to each individual, since each person tends to plow for his cucumbers and pumpkins on different dates (clashing with the principle 'Nasata Devarecha l'Shiurin' [the laws were not given to suit individual's time-table]).

(c)He therefore permits plowing...

1. ... a wheat-field - up until Pesach.

2. ... a field of trees - up until Shavu'os.

9)

(a)Rebbi Yehoshua ben Levi maintains that Raban Gamliel and his Beis-Din nullified the ruling of Beis-Shamai or Beis Hillel and permitted plowing up to Rosh Hashanah. What problem do we have with that?

(b)And what problem do we have with Rebbi Avahu (or Rebbi Yochanan)'s reply (that Beis Shamai and Beis Hillel stipulated when they issued the decree that a later Beis-Din would be able to rescind it)?

(c)How do resolve this problem? What exactly was forbidden Halachah l'Moshe mi'Sinai and what was decreed by Beis Shamai and Beis Hillel?

9)

(a)Rebbi Yehoshua ben Levi maintains that Raban Gamliel and his Beis-Din nullified the ruling of Beis-Shamai or Beis Hillel and permitted plowing up to Rosh Hashanah. The problem we have that is - how it is possible for Raban Gamliel to rescind a decree of Beis Shamai and Beis Hillel, since we have a principle forbidding one Beis-Din from negating the rulings of another Beis-Din unless it is greater in both wisdom and numbers (as we have learned in the Mishnah in Iduyos).

(b)And the problem that we have with Rebbi Avahu (or Rebbi Yochanan)'s reply (that Beis Shamai and Beis Hillel stipulated when they issued the decree that a later Beis-Din will be able to rescind it) is - that we are not talking about a Rabbinical here, but about a 'Halachah l'Moshe mi'Sinai' (since 'Eser Netiyos [spread out over a Beis Sa'ah] - our Halachah (which will be explained shortly), Aravah and Nisuch ha'Mayim are all 'Halachah l'Moshe mi'Sinai'). Consequently, the Kashya is even stronger than before: 'How can Rebbi Yehoshua ben Levi possibly rescind a 'Halachah l'Moshe mi'Sinai'?

(c)We therefore conclude - that the Halachah forbids plowing a field of old trees from thirty days before Rosh Hashanah of the Shemitah, and Beis Shamai and Beis Hillel added from Pesach (regarding a wheat-field) and from Shavu'os (regarding a field of trees), and it is this latter time-period which Rebbi Yehoshua ben Levi rescinded.

10)

(a)According to Rebbi Akiva, the Pasuk in Ki Sisa "b'Charish uv'Katzir Tishbos" refers to Shemitah. What does it come to teach us?

(b)How does Rebbi Yishmael explain the Pasuk (with regard to Shabbos)?

(c)Rav Nachman bar Yitzchak suggests that the Halachah comes to permit young trees, and the Pasuk, to forbid old ones. What does he mean by ...

1. ... 'permitting young trees'? How many trees are we talking about, and until when may one plow?

2. ... 'permitting old trees'?

(d)We query this however, on the grounds that, once we have the Halachah permitting young trees, we know automatically that old trees are forbidden (even without a Pasuk). So how does Rav Nachman bar Yitzchak really differentiate between the Halachah and the Pasuk (of "b'Charish uv'Katzir Tishbos")? Who learns the Halachah, and who, the Pasuk?

10)

(a)According to Rebbi Akiva, the Pasuk in Ki Sisa "b'Charish uv'Katzir Tishbos" refers to Shemitah. It comes to teach us - that Tosefes Shemitah, (from thirty days before Rosh Hashanah) is forbidden, as we just explained.

(b)Rebbi Yishmael explains the Pasuk with regard to Shabbos - to compare reaping to plowing, inasmuch as, just as plowing is always voluntary, so too, is only reaping which is voluntary is forbidden, but not reaping for the Omer, which is a Mitzvah and which therefore overrides Shabbos.

(c)Rav Nachman bar Yitzchak suggests that the Halachah comes to permit young trees, and the Pasuk, to forbid old ones. By ...

1. ... 'permitting young trees', he means - ten saplings in a Beis Sa'ah, which one is permitted to plow right up to Rosh Hashanah.

2. ... 'forbidding old trees', he means - as from thirty days before Rosh Hashanah.

(d)We query this however, on the grounds that, once we have the Halachah permitting young trees, we know automatically that old trees are forbidden (even without a Pasuk). The real distinction that Rav Nachman therefore makes to differentiate between the Halachah and the Pasuk is - that the Halachah is the opinion of Rebbi Yishmael, whilst the Pasuk (of "b'Charish uv'Katzir Tishbos"), is that of Rebbi Akiva (as we explained).

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