12th CYCLE DEDICATIONS
 
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.

1)

(a)According to Raban Gamliel (in the Mishnah in Bikurim), an Esrog has the same Din as other trees regarding Orlah, Neta Revai and Shemitah. What does this mean regarding ...

1. ... Orlah and Neta R'vai?

2. ... Shemitah?

(b)In which single regard is it like vegetables?

(c)What are the ramifications of this ruling?

1)

(a)According to Raban Gamliel (in the Mishnah in Bikurim), an Esrog has the same Din as other trees as regards Orlah, Neta Revai and Shemitah, meaning that ...

1. ... (unlike vegetables) they are subject to Orlah and Neta Revai.

2. ... as far as Shemitah is concerned, it depends upon whether it budded in the sixth year or in the Shemitah as to whether it is subject to the Dinim of Shemitah or not.

(b)It is like vegetables only - with regard to Ma'asros ...

(c)... meaning that whether it is subject to Ma'aser Sheni (in years one and two, four or five) or Ma'aser Ani (in years three and six) is determined by when it is picked.

2)

(a)How does one gauge vines and olive-trees for Ma'asros? What are the ramifications of this Halachah?

(b)What is the basic difference between corn, wine and oil on the one hand, and an Esrog tree and other fruit-trees on the other, as regards Ma'asros?

(c)Then why, according to Raban Gamliel, did the Rabanan give an Esrog the same Din as vegetables regarding Ma'asros?

2)

(a)One gauges vines and olive-trees for Ma'asros - by when the fruit have grown to one third of its full size, which determines whether it is subject to Ma'aser Sheni or Ma'aser Ani (as we just explained with regard to an Esrog).

(b)The basic difference between corn, wine and oil on the one hand, and an Esrog tree and other fruit-trees on the other is - that the former is subject to Ma'asros min ha'Torah, whereas Ma'asering the latter (like vegetables) is only mid'Rabanan.

(c)According to Raban Gamliel, the Rabanan give an Esrog the same Din as vegetables regarding Ma'asros - because like vegetables, it requires water constantly.

3)

(a)What does Rebbi Eliezer there say about an Esrog-tree?

(b)Seeing as both Tana'im in the Mishnah in Bikurim consider an Esrog like any other tree as regards Shevi'is, on what basis does the Tana of our Mishnah give the Esrog the Din of a seventh year Esrog, and not of a sixth?

3)

(a)Rebbi Eliezer there rules that an Esrog-tree has the same Din as other trees in all regards - even that of Ma'aser.

(b)Even though both Tana'im in the Mishnah in Bikurim, consider an Esrog like any other tree as regards Shevi'is - the Tana of our Mishnah (goes after the time of picking and) gives the Esrog the Din of a seventh year Esrog, and not of a sixth - because he holds like Rebbi Yosi in a Beraisa, who, after quoting Avtulmus in the name five elders who follow the opinion of Raban Gamliel, adds that Raboseinu concluded in Usha that the Esrog goes after the time it is picked, not only as regards Ma'aser, but as regards Shemitah too.

4)

(a)Do cane or vine-shoots have Kedushas Shevi'is, if they are collected ...

1. ... as animal food?

2. ... firewood?

(b)A Lulav is not eaten (even by animals). Then on what basis does it have Kedushas Shevi'is?

(c)What is the source for this?

(d)Wood that is specifically used for lighting, gives benefit as it burns, and therefore has Kedushas Shevi'is. What about wood that is generally used for cooking (see Tosfos DH 'Laktan la'Achilah'), but that one collects specifically for lighting?

4)

(a)If cane or vine-shoots are collected ...

1. ... as animal food - they have Kedushas Shevi'is.

2. ... as firewood - they do not.

(b)A Lulav is not eaten (even by animals). Yet it has Kedushas Shevi'is - because, like food (that is eaten), one benefits from it as it is being used up.

(c)We learn this from the Pasuk in Behar "Lachem l'Ochlah", from which we learn that any Shemitah produce which is 'for your benefit' is compared to produce that is 'eaten'.

(d)Wood that is specifically used for lighting, gives benefit as it burns, and therefore has Kedushas Shevi'is. This will not however, apply to ordinary wood, which is normally used as fire-wood, from which one derives benefit only after it has been burned. Consequently, it is permitted even if one collects it with the intention of using it for lighting (due to the principle 'Batlah Da'to Etzel Kol Adam').

5)

(a)Why does the Tana Kama of the Beraisa forbid using Shemitah-fruit for soaking flax or washing clothes?

(b)Rebbi Yosi permits it. How does he explain "Lachem l'Ochlah"?

(c)Why does he include washing clothes in "l'Ochlah" but preclude using them for medicinal purposes?

(d)This interpretation of their Machlokes follows the text 'u'Stam Etzim de'Hasakah Tana'i Hi'. How will we explain it according to the text that reads ' ... le'Hasakah' instead of de'Hasakah' (which is our text [see Tosfos DH 've'Etzim de'Hasakah])?

5)

(a)The Tana Kama of the Beraisa forbids using Shemitah-fruit for soaking flax or washing clothes - because he holds of the Derashah that we just quoted. Consequently, just as fruit that is generally designated for a use from which one only benefits after it has been used up is permitted, so too, does the same Derashah, forbid using fruit from which one normally derives benefit as it is being used, in such a way that gives one benefit only after they have been used up.

(b)Rebbi Yosi permits it. He explains "Lachem l'Ochlah" to preclude medicines.

(c)He includes washing clothes in "l'Ochlah" - because everyone needs to wash clothes, but precludes using them for medicinal purposes - since not everyone needs medicines.

(d)This interpretation of their Machlokes follows the text 'u'Stam Etzim de'Hasakah Tana'i Hi'. According to the text that reads ' ... le'Hasakah' instead of de'Hasakah' (which is our text) - we will have to explain that they are actually arguing over whether Stam wood is automatically designated for firewood (the Rabbanan) or not (Rebbi Yossi [see Tosfos DH 've'Etzim de'Hasakah]).

40b----------------------------------------40b

6)

(a)Another Beraisa learns from "l'Ochlah" to preclude Melugma, Ziluf and Apiktozen. 'Melugma' means a type of cure, as in the previous Beraisa. What is ...

1. ... 'Ziluf'?

2. ... 'Apiktozen'?

(b)Why must the author of this Beraisa be Rebbi Yosi, and not the Rabanan? What would the Rabanan have included in the list?

6)

(a)Another Beraisa learns from "l'Ochlah" to preclude Melugma, Ziluf and Apiktozen. 'Melugma' is a type of cure, as in the previous Beraisa.

1. 'Ziluf' means sprinkling wine around the house to create a pleasant smell.

2. ... 'Apiktozen' - is something that one takes in order to vomit.

(b)The author of this Beraisa must be Rebbi Yosi, and not the Rabanan - who would have included soaking flax and washing clothes in the list.

7)

(a)Rebbi Elazar requires Shemitah produce to be redeemed through a sale. What does Rebbi Yochanan say?

(b)Rebbi Elazar derives his Din from the juxtaposition of the Pasuk in Behar "v'Chi Simkeru Mimkar la'Amisecha" and that of "bi'Shenas ha'Yovel ha'Zos". Rebbi Yochanan concurs with Rebbi Yosi b'Rebbi Chanina's Beraisa 'Kamah Kashah Avkah shel Shevi'is'. What does the Beraisa say?

(c)Next to which Pasuk does the Torah juxtapose "v'Chi Simk'ru Mimkar la'Amisecha" (that serves as his source)?

7)

(a)Rebbi Elazar requires Shemitah produce to be redeemed through a sale; Rebbi Yochanan permits it through Chilul (transferring the Kedushah on to his own money - like Hekdesh).

(b)Rebbi Elazar derives his Din from the juxtaposition of the Pasuk in Behar "v'Chi Simk'ru Mimkar la'Amisecha" and that of "bi'Shenas ha'Yovel ha'Zos". Rebbi Yochanan concurs with Rebbi Yosi b'Rebbi Chanina's Beraisa 'Kamah Kashah Avkah shel Shevi'is', which learns from there - that for the sin of doing business with Shemitah-produce, one's business will begin to deteriorate, until one is forced to sell first his movable goods, then his land ... .

(c)The exact souece for this is the juxtaposition of "v'Chi Simk'ru Mimkar la'Amisecha" to the Pasuk "bi'Shenas ha'Yovel ha'Zos Tashuvu Ish el Achuzaso".

8)

(a)What is 'Avkah shel Shevi'is'?

(b)Why is it called by that name?

8)

(a)'Avkah shel Shevi'is' - means the secondary sin of doing business with Shemitah produce(like Avak Ribis and Avak Lashon ha'Ra) ...

(b)... since the major sin in the Shemitah-year, is working the land.

9)

(a)What does does Rebbi Yochanan learn from the Pasuk there "Ki Yovel Hi, Kodesh ... '?

(b)And what does Rebbi Elazar learn from "Ki Yovel Hi, Kodesh ...?

9)

(a)Rebbi Yochanan learns from the Pasuk there "Ki Yovel Hi, Kodesh ... ' - that Shevi'is is compared to Hekdesh, which can be redeemed either through a sale ("v'Im Lo Yiga'el, 've'Nimkar b'Erkecha") or through Chilul ("u'Padah b'Erkecha"), both in Bechukosai.

(b)Rebbi Elazar learns from "Ki Yovel Hi, Kodesh ... - that Shevi'is, like Hekdesh, transfers its Kedushah on to the article with which one is buying it.

10)

(a)If someone swaps Shemitah-fruit for meat, what happens to the fruit?

(b)What are the ramifications of this Halachah?

(c)Why does the Din here differ from regular Hekdesh, where the redeemed article goes out to Chulin?

10)

(a)If someone swaps Shemitah-fruit for meat - the Kedushah of the fruit transfers on to the meat, but the fruit itself remains Kadosh.

(b)Consequently, when the time of Bi'ur arrives (following the Shemitah-year), one is obligated to 'get rid of' both of them. This we learn from the word "Tih'yeh" (meaning that the initial fruit remains as it is').

(c)The Din here differs from regular Hekdesh, where the redeemed article goes out to Chulin - because the Torah writes "Tih'yeh", implying that the original fruit retains its Shemitah status.

11)

(a)And what happens to the meat and to the fish if one then swaps the meat for fish?

(b)Why does the Din here differ from the previous case? Why does the meat here go out to Chulin, but not the fruit there?

(c)How does this Beraisa support Rebbi Elazar?

11)

(a)If one then swaps the meat for fish - the meat goes out to Chulin, whilst the fish adopts the Kedushah of the meat (like by regular Hekdesh).

(b)The Din here differs from the previous case - because "Tih'yeh" (from which we learn the previous Halachah) is confined to the original fruit, but not to whatever one bartered it for. Consequently, the first and the last object remain Kadosh, but all the rest go out to Chulin.

(c)This Beraisa supports Rebbi Elazar - because, on each occasion, the Tana only speaks about buying the fruit, withoug making any mention of redeeming it.

12)

(a)In another Beraisa which supports Rebbi Yochanan, Rebbi Meir permits the transfer of the Kedushah of both Shemitah-produce and Ma'aser Sheni on to any kind of animal, even if it is still alive. On what grounds do the Chachamim forbid this.

(b)Rava establishes their Machlokes by male animals. Why is that? What will even Rebbi Meir hold by female animals?

(c)On what grounds do the Rabanan prohibit the transfer of Shemitah-fruit even on to male animals?

12)

(a)In another Beraisa which supports Rebbi Yochanan, Rebbi Meir permits the transfer of the Kedushah of both Shemitah-produce and Ma'aser Sheni on to any kind of animal, even if it is still alive. The Chachamim forbid this however - for fear that one may come to raise entire herds of animals (that will survive the time of Bi'ur).

(b)Rava establishes their Machlokes by male animals - which cannot give birth to Hekdesh animals. Neither does he decree male animals because of female ones (which he concedes are forbidden).

(c)The Rabanan prohibit the transfer of Shemitah-fruit even on to male animals - because they decree males on account of females.

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