12th CYCLE DEDICATIONS
 
ROSH HASHANAH 15 (29 Kislev) - Dedicated by Mordechai Bodner (of Yerushalayim) in memory of his grandfather, Reb Menachem Mendel ben Reb Tzvi (born in Bardiyev and Niftar b'Shem Tov in N.Y.), who passed away on 29 Kislev 5734.

1)

(a)Why does the Tana of the Beraisa currently under discussion speak about an Esrog tree which was entering from the third year into the fourth, and not from the second year into the third (as he did in earlier Beraisos)?

1)

(a)The Tana of the Beraisa currently under discussion speaks about an Esrog tree which was entering from the third year into the fourth, and not from the second year into the third (as he did in earlier Beraisos) - to teach us that an Esrog-tree is sensitive to touch. We learn this from the Beraisa, which teaches us that it does not produce fruit until the third year, as a result of the fact that during the Shemitah-year, everyone enters the field and touches it.

2)

(a)Rebbi Yochanan asked Rebbi Yanai which Shevat is the New Year for an Esrog tree. What was his She'eilah?

(b)What did Rebbi Yanai reply?

(c)Rava asked Rav Nachman (or Rebbi Yochanan, Rebbi Yanai) the same question with regard to a leap-year. What did the latter reply? When is the New Year for an Esrog in a leap-year, Shevat or Adar?

2)

(a)When Rebbi Yochanan asked Rebbi Yanai which Shevat is the New Year for an Esrog tree - he meant to ask him whether Shevat should be understood colloquially, or whether it refers to the month after the Tekufah of Teives (which may occur later than the regular Shevat, in fact, in Adar).

(b)Rebbi Yanai replied - that it should be understood colloquially.

(c)Rava asked Rav Nachman (or Rebbi Yochanan, Rebbi Yanai) the same question with regard to a leap-year. The latter - gave the same reply (i.e. the New Year for an Esrog in a leap-year - is Shevat, and not Adar).

3)

(a)According to Rabah, a sixth-year Esrog entering into the seventh year is Patur both from Ma'aser and from Biyur. What does he say about a seventh-year Esrog entering the eighth year?

(b)How does Abaye initially explain the discrepancy between the two statements?

(c)His initial explanation is based on the Pasuk in Mishpatim (in connection with Shemitah) "v'Achlu Evyonei Amecha, v'Yisram Tochal Chayas ha'Sadeh". What do we learn from there?

(d)How would that, at first sight, resolve the discrepancy?

(e)On what grounds is the owner then Chayav Biy'ur in the Seifa?

3)

(a)According to Rabah, a sixth-year Esrog entering into the seventh year is Patur both from Ma'aser and from Bi'ur - whereas a seventh-year Esrog entering the eighth year is Patur from Ma'aser, but Chayav Bi'ur. Note: In this Sugya, the Din of Bi'ur incorporates that of Shevi'is (i.e. whatever is Patur from Bi'ur, is not subject to the Din of Shevi'is, and whatever is Chayav Bi'ur, is).

(b)Abaye initially ascribes the discrepancy between the two statements - to Rabah's Safek as to whether an Esrog goes after the budding or after the picking regarding Shemitah.

(c)His initial explanation is based on the Pasuk in Mishpatim (in connection with Shemitah) "v'Achlu Evyonei Amecha, v'Yisram Tochal Chayas ha'Sadeh", from which we learn - that just as whatever a Chayah eats is Patur from Ma'aser, so too, is whatever a person eats in the Shmitah Patur from Ma'aser.

(d)At first sight, that resolves the discrepancy - in that we go l'Chumra regarding Shemitah, obligating the owner to render his field Hefker, which in turn, is Patur from Ma'aser ...

(e)And the owner is Chayav Bi'ur in the Seifa - l'Chumra (in case we go after the picking), since Shevi'is is d'Oraisa.

4)

(a)What forces Abaye to change his mind? What makes him decide that Rabah is not in doubt as to whether we go after the budding or the picking with regard to Shemitah?

(b)Which criterion does Rabah then follow regarding Shemitah?

(c)Then why in the Reisha, is the owner Patur from Ma'aser?

4)

(a)What forces Abaye to change his mind, to makes him decide that Rabah is not in doubt as to whether we go after the budding or the picking with regard to Shemitah - is the fact that he is lenient regarding Bi'ur in the Reisha ...

(b)... in which case - Rabah must go after the budding regarding Shemitah.

(c)In the Reisha, the owner is nevertheless Patur from Ma'aser - because, due to the fact that it is the Shemitah year, and everyone enters the field and feels the Esrog tree, treating it as if it was Hefker, it is considered Hefker, and is therefore Patur from Ma'aser.

5)

(a)Rav Hamnuna agrees with Rabah regarding a seventh-year Esrog that enters the eighth year. What does he say about a sixth-year Esrog that enters the seventh year?

(b)How does he counter Rabah's Sevara 'Yad ha'Kol Memashmeshin Bo, v'At Amrat Techayev b'Ma'aser'?

5)

(a)Rav Hamnuna agrees with Rabah regarding a seventh-year Esrog that enters the eighth year. A sixth-year Esrog that enters the seventh year according to him - is a sixth-year Esrog in all regards (because we go after the budding).

(b)He counters Rabah's Sevara 'Yad ha'Kol Memashmeshin Bo, v'At Amrat Techayev b'Ma'aser' - in that he does not consider an Esrog Hefker; in fact, anyone who feels it is guilty of theft.

6)

(a)Rebbi Shimon ben Yehudah in the name of Rebbi Shimon learns in the Reisha of a Beraisa like the Reisha of Rabah (posing a Kashya on Rav Hamnuna). What dual conditions does he require for fruit to be Chayav Ma'aser?

(b)What does he say in the Seifa about a seventh-year Esrog entering the eighth year (which poses a Kashya on both Rabah and Rav Hamnuna)?

(c)Seeing as he goes after the budding of an Esrog (regarding Shemitah), on what grounds does he then exempt it from Biy'ur in the Seifa? What dual conditions does he require for fruit to be Chayav Biy'ur?

(d)What is his reason for the latter ruling?

6)

(a)Rebbi Shimon ben Yehudah in the name of Rebbi Shimon learns in the Reisha of a Beraisa like the Reisha of Rabah (posing a Kashya on Rav Hamnuna). In order to be Chayav Ma'aser - he requires fruit to grow b'Chiyuv and to be picked b'Chiyuv (like Rabah).

(b)And he rules in the Seifa that a seventh-year Esrog entering the eighth year - is Patur both from Ma'aser and from Bi'ur (posing a Kashya on both Rabah and Rav Hamnuna).

(c)Even though he goes after the budding of an Esrog (regarding Shemitah), he nevertheless exempts it from Bi'ur - because he requires fruit to grow b'Chiyuv and to be picked b'Chiyuv, in order to be Chayav Bi'ur (or to grow in the Shemitah and to be picked in the Shemitah) ...

(d)... because the Pasuk that speaks about Bi'ur ("v'li'Vehemtecha v'la'Chayah ... ") refers exclusively to fruit that both grew in the Shemitah and is picked in the Shemitah.

15b----------------------------------------15b

7)

(a)To resolve the Kashyos on Rabah and Rav Hamnuna from the previous beraisa, we cite another Beraisa, in which Rebbi Yosi cites the opinion of Avtulmus quoting five Elders regarding Esrog. What do they say?

(b)He then cites the opinion of our Rebbes in Usha, who arrived to the concluded that by Esrog, we go after the picking, both with regard to Ma'aser and with regard to Shemitah. How do we amend the Beraisa to explain the fact that the Rebbes mentioned Shemitah, although Avtulmus did not?

(c)Like which Tana will Rabah and Rav Hamnuna now hold?

7)

(a)To resolve the Kashyos on Rabah and Rav Hamnuna from the previous beraisa, we cite another Beraisa, in which Rebbi Yosi cites the opinion of Avtulmus quoting five Elders - who say that an Esrog goes after the time of picking regarding Ma'aser.

(b)He then cites the opinion of 'our Rebbes' in Usha, who arrived at the conclusion that by Esrog, we go after the picking, both with regard to Ma'aser and with regard to Shevi'is. To accommodate the Rebbes who mentioned Shemitah, even though Avtulmus did not - we add to the latter's words 've'Achar Chanatah li'Shevi'is'.

(c)Rabah and Rav Hamnuna will now hold - like Avtulmus, who goes after Chanatah by Shevi'is (though they do argue as to whether Avtulmus will exempt the sixth year Esrog which enters the seventh year, as we explained above).

8)

(a)Rebbi Yochanan and Resh Lakish maintain that a sixth-year Esrog that enters the seventh year is considered a sixth-year Esrog. With which fellow Amora do they concur?

(b)What Chidush did Ravin add to this, when he came from Eretz Yisrael?

8)

(a)Rebbi Yochanan and Resh Lakish maintain that a sixth-year Esrog that enters the seventh year is considered a sixth-year Esrog - it is Patur from Bi'ur and Chayav Ma'aser, like Rav Hamnuna.

(b)When Ravin came from Eretz Yisrael, he added - that even if the Esrog has only grown to the size of a k'Zayis in the sixth year and grows to the size of a loaf in the seventh, it is subject to Ma'asros (because we go after the budding).

9)

(a)The Tana of another Beraisa cites the criterion of a tree (regarding Ma'asros) as being whether the fruits budded before Tu bi'Shevat or afterwards. How does Rebbi Nechemyah qualify this ruling?

(b)What is wrong with the Lashon 'B'reichos' that Rebbi Nechemyah uses?

(c)How do we therefore amend it?

(d)To which kind of tree does Rebbi Mechemyah refer, besides a date-palm and an olive-tree?

9)

(a)The Tana of another Beraisa cites the criterion of a tree (regarding Ma'asros) as being whether the fruit budded before Tu bi'Shevat or afterwards. Rebbi Nechemyah qualifies this ruling - by confining it to a tree which produces two batches ('B'reichos') annually, but a tree which produces only one batch goes after the picking.

(b)The problem with the Lashon 'B'reichos' that Rebbi Nechemyah uses is - that this is a term that pertains to birds, and not to trees.

(c)We therefore amend the Beraisa to read - 'ke'Ein Shtei B'reichos' and k'Ein B'reichah Achas' (meaning 'like two B'reichos' and like one B'reichah').

(d)Besides a date-palm and an olive-tree - Rebbi Nechemyah is also referring to a carob-tree.

10)

(a)Whose opinion does Rebbi Yochanan cite as being the Minhag (see Tosfos DH 'Nahagu ha'Am'?

(b)What does the Tana in Shevi'is say about 'B'nos Shu'ach', regarding Shemitah? What are 'B'nos Shu'ach'?

(c)How did Resh Lakish query Rebbi Yochanan from this Beraisa?

(d)What was Rebbi Yochanan's reaction to the Kashya?

10)

(a)Rebbi Yochanan cites the Minhag as being like Rebbi Nechemyah - by a carob-tree (though this is not exclusive - see Tosfos DH 'Nahagu').

(b)'Bnos Shu'ach' are - white figs.

(c)The Tana in Shevi'is says about them - that the Din of She'vi'is only applies in the second year of the cycle, because it takes the fruit that budded in the Shmitah three years to ripen (a Kashya on Rebbi Yochanan, who said that the Minhag is like Rebbi Nechemyah, who goes after the picking).

(d)When Rebbi Yochanan heard Resh Lakish's Kashya, he was silent.

11)

(a)Why was Rebbi Aba ha'Kohen surprised at Rebbi Yochanan's silence? What might Rebbi Yochanan have answered?

(b)How did Rebbi Yosi ha'Kohen justify Rebbi Yochanan's silence?

(c)On what grounds do we reject the suggestion that Rebbi Yochanan did not follow that Minhag at all, but merely cited the Minhag?

(d)How do we finally justify Rebbi Yochanan's statement? What is the difference between the Ma'aser of Charuvin and the Shemitah of carobs?

11)

(a)Rebbi Aba ha'Kohen expressed surprise at Rebbi Yochanan's silence - because Rebbi Yochanan might have answered that he ruled like Rebbi Nechemyah, so how could they ask him from the Rabanan?!

(b)Rebbi Yosi ha'Kohen however, justified it. It is not feasible, he explains - for Rebbi Yochanan to follow a Minhag like Rebbi Nechemyah, against the majority opinion of the Rabanan!

(c)We reject the suggestion that Rebbi Yochanan did not follow that Minhag, but merely cited it - on the grounds that if the Rabanan forbid going after the picking, how can one possibly follow a Minhag that contravenes this?!

(d)We finally justify Rebbi Yochanan's statement - by differentiating between Shevi'is, which is d'Oraisa (and by which we therefore go after the budding), and Ma'aser of carobs, which is merely d'Rabanan (and by which we can therefore go after the picking). Note: We have differentiated between the Din of Shevi'is and that of Ma'aser throughout the Sugya, and this final piece appears to explain why they made this distinction. The problem with that is Rebbi Yochanan includes olive-trees in his ruling, and giving Ma'aser from olives is d'Oraisa. See Rashash DH 'Ma'aser Charuvin'.

12)

(a)If Rebbi Yochanan's silence was justifiable and did not worry Rebbi Aba ha'Kohen, why can he not have been querying whether Resh Lakish actually really asked the question in the first place?

(b)How do we finally interpret Rebbi Aba surprise? What were his two possible interpretations of Rebbi Yochanan's silence?

12)

(a)Even if Rebbi Yochanan's silence was justifiable and did not worry Rebbi Aba ha'Kohen, he can not have been querying whether Resh Lakish actually really asked the question in the first place - because in fact, we know that he did.

(b)We finally interpret Rebbi Aba surprise - with regard to interpreting Rebbi Yochanan's silence; whether (based on the principle 'Silence is akin to admission', it was because he was stumped by Rash Lakish's Kashya, or whether it was because the answer was so obvious, that he did not consider it worth answering.

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