(Mishnah): "The Shotrim speak to the nation, saying 'who is the man that built a new house and did not inaugurate it? He should return to his house...'"

The same applies to one who built a new house, a storehouse for straw, a cattle pen, or a storehouse for wood, or for grain, wine and oil (he returns for any of them);

The same applies to one who built, bought, inherited, or received it for a gift.

(Gemara) Question: "Asher Banah" teaches only one who built. If he bought, inherited, or received it for a gift, what is the source?

Answer: "Ha'Ish" [is extra to include these. It says] "Mi ha'Ish" (it would have sufficed to write 'Mi'.)

Question: What is the source for one who built a storehouse for straw, a cattle pen, or a storehouse for wood, or for grain, wine and oil?

Answer: "Asher Banah" - in any case.

Suggestion: Perhaps one who builds a Beis Sha'ar (where the Shomer of the Chatzer stays), Achsadra (a house without four walls) or balcony returns!

Rejection: It says "Bayis" - a house is a place of residence. It excludes these, which are not residences, and excludes a house less than four by four Amos;

(Beraisa): A house less than four by four Amos is exempt from a wall around the roof, from Mezuzah, from Eruv, and [entering food into it] does not Tovel for Ma'aser (forbid eating before tithing);

[When dividing a Chatzer,] we do not give to it four Amos in front of its opening, and we do not make it a connection to a city [to extend the Techum], and one who vows from [living in] a house may dwell in it;

It does not stay permanently [with the buyer] in Yovel (if it was not redeemed beforehand), and it does not receive Tzara'as, and the owner (who built or bought it...) does not return from war.

Why does it say "Asher Banah"? This excludes one whose house fell, and he rebuilt it.

Inference (R. Yosi): One who remarries his divorcee does not return.

Suggestion: Perhaps one who builds a house in Chutz la'Aretz returns!

Rejection: "V'Lo Chanacho" - a house that it is a Mitzvah to inaugurate it. This excludes [a house in Chutz la'Aretz], that it is not a Mitzvah to inaugurate it.

[If one built a house and rented it out, and the tenant] paid the rental in advance, it is as if he already inaugurated it. [If he will pay the rental only] after 12 months, [until he pays] it is as if he did not inaugurate it.

If there were inside matters [of the owner] that it is normally to be Mevatel them (leave them there permanently, even though others are renting it, it is as if the owner uses it, so) it is as if he already inaugurated it. If not (the matters are there only temporarily) it is as if he did not inaugurate it. (We explained this like GILYONEI HA'SHAS.)

(Mishnah): "Who is the man who planted a vineyard and did not redeem [its fruit]..." the same applies to one who planting a vineyard, or five fruit trees, even of five different species (he returns);

The same applies to one who plants, returns shoots into the ground, or grafts. The same applies to one who buys, inherits, or received it for a gift.

(Gemara) Question: "Asher Nata" teaches only one who planted. If he bought, inherited, or received it for a gift, what is the source?

Answer: "Ha'Ish" [is extra to include these. It says] "Mi ha'Ish" (it would have sufficed to write 'Mi'.)

Question: What is the source for one who plants five fruit trees, even of five species?

Answer: "Asher Nata" - in any case.

Suggestion: Perhaps for four fruit trees, or five barren trees, he returns!

Answer: "Kerem" - a vineyard is of [at least] five vines. This excludes these, which are not of five vines.

Wine straight from the winepress (it did not yet ferment, i.e. grape juice) or Koses (inferior; it will never become proper wine), one may use it for an Eruv or Shituf in the Mavuy, we bless [Borei Peri ha'Gefen] on it, one may make a Zimun (for Birkas ha'Mazon) on it;

We are Mekadesh a bride (say Birkas Eirusin) on it, we console a mourner with it, and one may sell it in a store as 'wine', and one who sold to his friend Stam wine and it was found to be Koses, the sale stands.

[One who drank it] may not rule, permit vows or enter the Mikdash. There is no [difference between it and proper wine], other than it is forbidden on the Mizbe'ach.

A Ben Sorer u'Moreh [whether or not he is liable for such wine], this is a question.

Note: A Mishnah (Sanhedrin 8:1) teaches that he is liable only for Chetzi Log Yayin ha'Italki. RASHI and the BARTENURA explain that this is quality wine, which is addicting. If so, surely he is exempt for Koses! Rather, the Yerushalmi explains like YAD RAMAH (Sanhedrin 70a), that it is a half Italki Log of wine.

Suggestion: Perhaps one who plants a vineyard in Chutz la'Aretz returns!

Rejection: "V'Lo Chilelo" - [a vineyard] that it is a Mitzvah to redeem [its fruits]. This excludes [a vineyard in Chutz la'Aretz], that it is not a Mitzvah to redeem it.

(Beraisa - R. Eliezer ben Yakov): [The Torah] connotes only a vineyard (but not other fruit trees).

Similarly, [the Torah] connotes only if he planted [but not if he returned shoots into the ground, or grafted].

(Beraisa): "V'Lo Chilelo" excludes if he returned shoots into the ground, or grafted.

(R. Yochanan): This is like R. Eliezer ben Yakov.

(Rav Chisda): It is like everyone, when he grafted Peros b'Aveirah (he transgressed Kil'ayim).

Question: What is the case [in our Mishnah, that he returns for grafting]?

If he grafted a fruit tree onto a fruit tree b'Eino Mino (a different species), or he grafted a fruit tree onto a barren tree (Kil'ayim 1:7 forbids this), these are forbidden fruits (surely he does not return for them)!

If he grafted a fruit tree onto a fruit tree Min b'Mino, this is not like a new tree (surely he does not return for this)!

Answer: Rather, the case is, he grafted a black fig tree onto a white fig tree. (It is permitted like Min b'Mino, but it gives different fruits.)

Question: [If he kept his Kerem Revai and did not redeem it], and now is the fifth year, when is the [year of] Chilul (during which he returns from war) - in the fourth, or in the fifth?

Answer: Presumably, it is in the fourth, but in the fifth, [the time of redemption already came;] he owes money!

Source (Rabanan of Kisarin): Is it not reasonable [a verse teaches that] it is in the fourth - "uva'Shanah ha'Revi'is Yihyeh Kol Piryo Kodesh Hilulim la'Shem." (We explained this based on SEFER NIR.)