Observation: Despite the Gemara's explanation, the simple explanation of the Pasuk is that it is a holiday that occurs at the time of gathering.

Observation: Even so, this Pasuk alone would not be sufficient without the Pasuk, "b'Moed Shenas ha'Shemitah b'Chag ha'Sukos."

Explanation: This is one sixty fourth of a Lug, as stated in Bava Basra (90a). The Gemara merely lists the smallest measurement, but it is not specifically this measurement. Even if the Mikvah contains one drop of water less than forty Sa'ah, one cannot use it for immersion.

Implied Question: This is despite the fact that these trees are an inheritance from the fathers of Bnei Yisrael, as asked in Avodah Zarah (53b). The Gemara there asks that the Torah says, "And their Asheirah trees you should burn in fire." This is despite Bnei Yisrael inheriting Eretz Yisrael (including its trees) from their fathers, and a person (the idolaters) cannot forbid something that is not his. (Why, then, are these trees and plants considered the harvest of the Nochri?)

Answer: The Nochrim still owned whatever they themselves planted. The Gemara itself also answered well by saying that the Asheirah trees from the earlier generations (before Avraham Avinu) were forbidden (despite the fact that the Gemara notes one could do Bitul and not burn them, see Avodah Zarah 53b and Turei Even on our Tosfos).

Question: Rebbi Avraham Ibn Ezra asked that the day after the Pesach means the fifteenth of Nisan, which is the day after the slaughtering of the Korban Pesach which is done on the fourteenth of Nisan!

Proof: This is as stated in Masei, "The day after the Pesach Bnei Yisrael went out with a high hand," and we know this was the fifteenth of Nisan.

Answer: Rabeinu Tam answered him that the Pasuk means as follows. "And they ate from the grain of the land from the day after the Pesach" refers to them eating Matzos from the old grain. The new roasted grain they ate, "in the middle of this day" which refers to the sixteenth of Nisan when they offered the Omer, and afterward ate the new grain.

Proof: We indeed find that the sixteenth is called, "the middle of this day" as the Pasuk states, "And bread, and roasted grain, and soft grain you should not eat until the middle of this day."

Question: Why does the Pasuk have to say that they ate from the old grain? Obviously they ate from old grain, as they ate Matzos on the first night!

Answer: It is possible to answer that this eating is not significant, as it is enough that they eat a Kzayis from the Matzah. This is why the Pasuk is telling us that their main eating was from old grain.

Answer (cont.): The Pasuk is praising the Manna, as it says, "And Bnei Yisrael no longer had Manna." This is as the Medrash states that this is similar to a child who eats barley bread because he has no wheat bread. They could have previously eaten from old grain when they came from the Jordan River on the tenth of the month, but they wanted to eat the Manna as long as they had not yet run out of it.

Question: However, there is a difficulty. The Tosefta in Sotah (ch. 11) and the Gemara in Kidushin (38a) says that they used the Manna in their vessels until the sixteenth of Nisan, as the Pasuk states, "And the Manna stopped falling the next day, when they ate from the grain of the land." This implies that when they started to eat the new grain, the Manna stopped falling!

Answer: It must be that the sixteenth is also called "the day after Pesach" since it is the day after the Pesach is eaten, as the Pesach is eaten on the night of the fifteenth (of Nisan).

Observation: This (e5 below) is in fact the subject of an argument between the Amoraim in the Yerushalmi in Chalah (ch. 2). The Yerushalmi says that Rebbi Yonah asked Rebbi Yirmiyah, when Bnei Yisrael entered Eretz Yisrael and they found fresh stalks of grain attached to the ground was the grain forbidden due to Chadash?

Observation (cont.): Rebbi Yirmiyah answered, why wouldn't it be prohibited? Rebbi Yonah asked, while this was true regarding wet stalks, was it true regarding dry stalks? Rebbi Yirmiyah answered that it was even prohibited if it was dry and had already been harvested. Rebbi Yonah asked if this is so, even dry grain in an attic should be prohibited! Rebbi Yirmiyah answered that we indeed say that Bnei Yisrael did not eat Matzah that year on the nights of Pesach.

Observation (cont.): Rebbi Yonah says that after I left I regretted that I had not told him that the Asei (of Matzah) should have pushed off the Lo Sasei (against eating Chadash).

Observation (cont.): This is understandable according to Rebbi Yonah who clearly holds that an Asei pushes aside a Lo Sasei, even though it is not said next to it. However, according to Rebbi Yosi who says that an Asei does not push aside a Lo Sasei unless it is stated next to it, it must be they ate Matzah from Nochri merchants who sold them old grain.

Observation (cont.): This is as per the opinion of Rebbi Yishmael. Rebbi Yishmael says that whenever the Torah says, "(when you) come to the land" it is discussing the period of time after the seven years of capture and seven years of dividing the land.

Observation (cont.): Rebbi Bun bar Kahana asks, "Doesn't the Pasuk say, "And they ate from the grain of the land from the day after the Pesach?" This implies Pesach refers to the fifteenth (of Nisan, and the Pasuk is referring to the sixteenth, see Tosfos ha'Rosh). Rebbi Elazar bar Yosi asked before Rebbi Dosa, "Doesn't the Pasuk say that Bnei Yisrael went out the day after Pesach" and we know they went out on the fifteenth of Nisan!

Observation: This implies that if they did not offer it they would be forbidden the entire day, unlike the opinion in Menachos (68a) that even when the Beis Hamikdash was extant the morning would permit them to eat the grain.

Explanation: The grain was ready in five days.

Implied Question: The Gemara earlier says that produce that is harvested during Sukos clearly grew one third of its growth before Rosh Hashanah. (This clearly implies that the growth takes more than five days!)

Answer #1: Regarding its being ready to be harvested it does not become ready in a mere five days. However, here regarding the Omer regarding which it says, "Karmel" implying soft and full, it is considered soft and full.

Answer #2: Additionally, after it is finished ripening they leave it in the field in order that it should ripen well, as implied in Bava Metzia (74b).

Explanation: This means it is considered made after it is one third grown.

Question: This is difficult, as the question we asked earlier (13a) goes back to its place! The Gemara earlier asked, perhaps it did not come up at all and Shemitah is extended until Sukos?

Answer: This Tana must not hold of the earlier derivation (from "b'Moed Shenas ha'Shemitah" on which this question was asked).

Explanation: Since he gathers them into the silo little by little as they are not harvested together, rather he harvests and dries some of them today and some tomorrow, this causes new and old grain to be gathered together if their status is determined by when it is harvested like it is regarding vegetables.

Explanation (cont.): This is why their status is determined based on when it takes root, as the entire field takes root at the same time because it is all planted at the same time. Since the taking of Ma'aser from fruit, legumes, and vegetables is a Rabbinic law, the Chachamim can determine a set time for each crop based on their understanding of when this should be. This is Rashi's explanation.

Question: This is difficult. This is understandable regarding Ma'aser, as it is a Rabbinic law. However, regarding the Torah law of Shemitah it should be determined based on when it is harvested like other vegetables! How can we say that here too it is based on when it takes root in order to permit during Shemitah the crops that took root in the sixth year?

Answer #1: Perhaps this is only true regarding Shemitah nowadays, as according to Rebbi Shemitah nowadays is a Rabbinic law, as stated regarding Pruzbul in Gitin (36a).

Answer #2: Alternatively, it is as the Beraisa states in Toras Kohanim, "How do we know that rice, millet, poppy, and sesame that took root before Rosh Hashanah can be gathered on Shemitah? This is as the Pasuk states, "And you will gather its produce." One might think this is even if it did not take root in the sixth year. This is why the Pasuk says, "Six years you should plant and you will gather." There is six years of planting and six years of gathering, and not six years of planting and seven years of gathering.

Explanation: This is as if to say that since he can fix it, why should its status be determined by when it takes root? The Gemara concludes that according to the Rabbanan it is not considered a perfect mix.

Question #1: This is difficult. What is the answer? One can still ask this question according to Rebbi Shimon Shezuri who holds that it is a perfect mix and that its status is determined by when it takes root. This is as the Beraisa explicitly states that some of them took root. The end of this Mishnah in Shevi'is similarly states (2:8) that Rebbi Shimon Shezuri says that a Mitzri bean that was originally planted for seed has the same law, meaning that its status is determined based on when it takes root just like rice and millet.

Question #2: Additionally, what is the question that he should mix it together? Even though this helps regarding the mix of new and old produce, it does not help the produce of the second year that is mixed with the produce of the third year, as the Ma'aser of the second year is Ma'aser Sheini while the Ma'aser of the third is Ma'aser Ani! The same problem applies with the fifth year that goes into the sixth year.

Answer: However, he can fix the problem stated in the second question by taking off one type of Ma'aser, putting its holiness on a coin, and spending the money on food eaten in Yerushalayim. He can then distribute the produce taken off to poor people. The Yerushalmi in Shevi'is somewhat implies that one can solve the problem of two Ma'aseros by piling up the produce together.

Observation: This is the second part of the Mishnah regarding rice and millet. He adds onto the opinion of the Rabbanan by saying that even regarding the Mitzri bean its status is determined by when it takes root.

Text: In most Sefarim in Menachos (30b), the text reads, "Rebbi Shmuel bar Nachmeini says in the name of Rebbi Yonasan."

Question #1: This is impossible, as is apparent from our Gemara that asks, "Did Shmuel indeed say this?"

Question #2: Additionally, if so there is a contradiction in the opinion of Rebbi Yonasan according to the Sefarim that have the text there that Rebbi Yonasan says the law follows the opinion of Rebbi Shimon Shezuri regarding a Mesukan and Terumas Ma'aser of Dmai. This implies that it only follows his opinion in these two matters, as implied in Chulin (75b)!

Question #2 (cont.): This is despite the fact that there are Sefarim that have the text, "Rebbi Yochanan says." However, this is impossible, as apparent from the Gemara in Kesuvos (55a).

Explanation: This is regarding Ma'aser, and it is also regarding the sprinkling of water as stated in Zevachim (80a).

Explanation: This is not after harvesting, as sometimes it is finished before Rosh Hashanah and harvested after Rosh Hashanah. The status of every vegetable is determined after it is finished growing. Rather, it always says harvesting because harvesting occurs right after produce is finished growing.

Explanation (cont.): However, these are not picked when the produce is finished growing, as one waits until they dry to harvest them. They also are not harvested together, as they dry in bunches (at different times). However, they finish growing at the same time. This is why Shmuel holds one can take Ma'aser from them, even though he holds it is not a perfect mix.

Question: This is difficult. Who is Shmuel like (i.e. Shmuel seems to be arguing on the Tanaim)? Both Rebbi Shimon Shezuri and the Rabbanan admit that the status is determined by when it takes root before Rosh Hashanah, as I have explained, and it is then considered old grain. Shmuel says that its status is determined by when the produce is finished growing, and will therefore say that its status is that of the following year and it is new grain.