SUKAH 40 (20 Tishrei) - Dedicated by Al, Sophia and Jared Ziegler of Har Nof, Jerusalem, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit, and towards Jared's continued growth in Torah and Yir'as Shamayim.

[40a - 37 lines; 40b - 43 lines]

1a)[line 6]נמנוNIMNU- counted [themselves]; i.e., they voted

b)[line 7]אושאUSHA- Usha, a city in the Galil. This was one of the ten places to which the Sanhedrin was exiled.

2)[line 15]גבבן לחובהGAVEVAN L'CHUVAH- he gathered and placed in storage (see Bava Kama 101b)

3a)[line 16]לאכילהL'ACHILAH- to be used as [animal] fodder

b)[line 17]לעציםL'ETZIM- to be used as [fire]wood [for a stove]

4)[line 18]"[וְהָיְתָה שַׁבַּת הָאָרֶץ] לָכֶם לְאָכְלָה...""[V'HAYESAH SHABAS HA'ARETZ] LACHEM L'OCHLAH..."- "[And the produce that grows during the resting of the land will be] yours to eat..." (Vayikra 25:6). "Lachem" implies that one may do whatever he wishes with the produce, whereas "l'Ochlah" implies that it may only be eaten.

5a)[line 19]מי שהנאתו וביעורו שוהMI SHE'HANA'ASO U'BIURO SHAVAH- that which is consumed as one benefits from it

b)[line 20]שהנאתן אחר ביעורןSHE'HANA'ASAN ACHAR BI'URAN- that one benefits from it following its consumption [as one cooks upon coals]

6)[line 21]עצים דמשחןETZIM D'MISHCHAN- a) pine wood (RALBAG to Melachim I 6:23, MEIRI Avodah Zarah 13b, RADAK to Yeshayah 41:19); b) balsam wood (GEMARA Rosh Hashanah 23a, Bava Basra 80b) [that is lit to provide light, in which case it is consumed as one benefits from it]

7)[line 22]להסקהL'HASAKAH- for burning in order to provide coals

8a)[line 24]למשרהL'MISHRAH- to soak flax [in the juice of Shevi'is fruits in order to soften it]

b)[line 24]לכבוסהL'KEVUSAH- to launder clothing [in the juice of Shevi'is fruits]

c)[line 32]למלוגמאL'MELUGMAH- to [use it as an ingredient in] a medicinal potion


d)[line 4]לזילוףL'ZILUF- to sprinkle [wine] as an air freshener

e)[line 5]לעשות ממנה אפיקטויזיןLA'ASOS MIMENA APIKTVIZIN- to make an emetic (a vomit-inducing tonic) from it [for when one overeats; the word Apiktvizin is a contraction of "Apik" (forcing out), "Tfei" (overabundance), and "Zin" (food)]

9a)[line 7]דרך מקחDERECH MEKACH- through a business transaction

b)[line 8]דרך חילולDERECH CHILUL- through transferring the Kedushah from the Shevi'is fruits to money

10)[line 8]"בִּשְׁנַת הַיּוֹבֵל הַזֹּאת...""BI'SHNAS HA'YOVEL HA'ZOS..." - "In this Yovel year" (Vayikra 25:13) (YOVEL)

(a)Following every seven Shemitah cycles (see next entry) is the Yovel year. Tana'im disagree as to whether this fiftieth year stands alone and the new Shemitah cycle begins the following year, or if the year of Yovel is also the first year of the next seven-year Shemitah cycle as well.

(b)All Halachos of Shemitah regarding produce apply during Yovel as well. In addition, when Yovel begins, all Avadim Ivrim (Jewish slaves; see Background to Yevamos 104:9) go free, and all properties sold in Eretz Yisrael since the previous Yovel return to the families to whom they belong as a permanent inheritance. On Yom ha'Kipurim of a Yovel year, the Beis Din blows a Shofar as a signal that all slaves are to be set free (Vayikra 25:8-24).

(c)Rebbi Yochanan ben Berokah maintains that this Shofar blast on Yom ha'Kipurim signifies the start of Yovel. The Chachamim contend that Yovel begins at the start of the year, on Rosh Hashanah; the Shofar merely signals the completion of the slave-freeing process (Rosh Hashanah 8b).

11)[line 12]קדשKODESH (PIDYON HEKDESH)

(a)When a person consecrates (is "Makdish") an object for use in the Beis ha'Mikdash and that object cannot be used in the Mikdash "as is," then it acquires the status of Kedushas Damim. Such an object is sold by the trustees of Hekdesh (Gizbarim). The price of the item is determined through the estimation of a group of experts. Once the object is sold, it loses its Kedushah and the money paid for it becomes Kodesh in its stead. This is called "Pidyon Hekdesh" - redemption of Hekdesh.

(b)If the object consecrated to Hekdesh can itself be used in the Mikdash, such as a utensil used in the Avodah or a live animal that is fit to be offered as a Korban, then it acquires the status of Kedushas ha'Guf (see Background to Shevu'os 22:5:c-e). An animal with Kedushas ha'Guf cannot be redeemed unless it develops a Mum (blemish).

(c)If a person dedicates an item to Hekdesh and then wishes to redeem it himself, he must an additional fifth of the ensuing total - equal to a quarter of the original value - onto the value of the item For example, if the object is worth twenty Sela'im, he may redeem it for twenty-five Sela'im. If it is another who wishes to redeem the item from Hekdesh, then he need not add a Chomesh.

12)[line 17]אבקה של שביעיתAVAKAH SHEL SHEVI'IS - secondary prohibitions (lit. dust) of Shevi'is

(a)The Torah requires farmers to desist from working the land every seventh year (Vayikra 25:1-7). Produce which grows during the seventh (Shevi'is) year is holy, which in this context means:

1.It is considered ownerless; anyone may enter a field and pick that which he wishes to eat.

2.The fruits may not be bought and sold in a normal fashion (see Insights to 39:2 and here).

3.Shevi'is produce may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

(b)"Avak" means dust, as in what swirls into the air and is lost as one grinds an object. When applied to transgressions, the term refers to secondary prohibitions of that transgression. The main prohibition associated with Shevi'is is that one may not establish ownership over his land on Shemitah; as the Torah clearly states. "Avkah Shel Shevi'is" refers to the prohibition against conducting business with Shevi'is products, which is not clearly spelled out in the Torah. Rather, from that which the Torah describes Shemitah produce as "for eating" (Vayikra 25:6), Chazal infer that it may not to be sold or bartered. Although it still forbidden mid'Oraisa, it is the "Avak" of Shevi'is since it is not the main prohibition relating to the seventh year (RASHI; TOSFOS to Erchin 30b DH Kamah).

13)[line 18]נושא ונותןNOSEI V'NOSEN- lit. carry and take; conduct business

14)[line 19]מטלטליוMETALTELAV- his movable property (as opposed to real estate)

15)[line 20]"אחוזתו""ACHUZASO"- his holding [in Eretz Yisrael]

16)[line 23]תופס את דמיוTOFES ES DAMAV- transfers its Kedushah to money exchanged for it. This describes the general applicability of such a concept to produce of Shevi'is; Rebbi Eliezer subsequently derives from the proximity of "v'Chi Simkeru Memkar" that this applies only when the money is exchanged through a business deal.

17)[line 32]בהוייתה תהאB'HAVYASO TEHEI- it should remain as is

18)[line 33]מתבעריןMISBA'ARIN (SHEMITAH: BI'UR)

(a)Shemitah produce (see above, entry # 12) may be stored only so long as that produce is available in the fields to wild animals (derived from Vayikra 25:7). When it is no longer available in the wild, Bi'ur must be done. What this requires is a subject of disagreement among the Rishonim:

1.The RAMBAM (Hilchos Shemitah 7:1-3) explains that Bi'ur means that the produce must be destroyed (similar in meaning to "Bi'ur Chametz," the destruction of Chametz).

2.TOSFOS (Pesachim 52b DH Misba'arin), the RAMBAN (Vayikra 25:7), and the RASH (Shevi'is 9:8) explain that Bi'ur means removing all of the produce from storage, placing it in a public domain and declaring it Hefker (Halachically ownerless) in front of three Jewish men. These men may be friends of the owner, who will allow him to reclaim his produce from Hefker immediately following his declaration without attempting to claim the produce for themselves.

3.The RA'AVAD (Hilchos Shemitah 7:3) maintains that Bi'ur involves elements of both of the aforementioned opinions. When fruit of Shevi'is is no longer available where one lives, he must declare any fruit of Shevi'is in his possession to be Hefker or turn it over to Beis Din to distribute. When it is no longer available in that entire region of Eretz Yisrael -- either Yehudah, Ever ha'Yarden, or Galil - then it must be destroyed (see Insights to Pesachim 52:3).

19)[line 39]מעשר שניMA'ASER SHENI- see Background to 39:18

20)[last line]שמא יגדל מהן עדריםSHEMA YIGDAL ME'HEN ADARIM- perhaps he will leave them to produce large flocks. This is problematic, as one may not leave that which has Kedushas Shevi'is beyond the time at which Bi'ur is necessary. That which has the status of Ma'aser, as well, may not be left in one's house for longer than three years (Bi'ur Ma'asros).