(a)What does the Mishnah say about fruit-trees that are planted mainly to serve as a fence for a vineyard, for wood for fencing (see Tos. Yom-Tov) or for manufacturing beams?
(b)What is the source for this ruling?
(c)What does Rebbi Yossi say about the outer branches of a tree assuming the owner declares (see Tiferes Yisrael) that he is planting the trees with the intention of using the inner branches (see Tiferes Yisrael) for the fruit and the outer ones for fencing?
(d)What do the Chachamim say?
(e)Like whom is the Halachah?
1)
(a)The Mishnah rules that fruit-trees that are planted mainly to serve as a fence for a vineyard, for wood for fencing (see Tos. Yom-Tov) or for manufacturing beams - are not subject to Orlah (see Tiferes Yisrael and Tos. R. Akiva Eiger).
(b)The source for this ruling is the Pasuk in Kedoshim - "u'Neta'atem Kol Eitz Ma'achal".
(c)Rebbi Yossi rules - that even if the owner declares (see Tiferes Yisrael) that he is planting the trees with the intention of using the inner branches (see Tiferes Yisrael) for the fruit and the outer ones for fencing - the outer branches are Patur from Orlah (see Tos. Yom-Tov).
(d)The Chachamim maintain - that as long as the owner intends to use some of the branches for fruit, all the branches are subject to Orlah ...
(e)... and that is the Halachah (see previous Tos. Yom-Tov and Tiferes Yisrael).
Mishnah 2
2)
(a)What does the Tana learn from the Pasuk in Kedoshim ...
1. ... "Ki Savo'u el ha'Aretz, u'Neta'atem ... ", with regard to the era of Yehoshua?
2. ... "u'Neta'atem Kol Eitz Ma'achal"?
(b)According to the Tana Kama, fruit-trees that have been planted for the benefit of the community are Chayav Orlah. What does Rebbi Yehudah say?
(c)The Chachamim learn their ruling from "Yih'yeh lachem Areilim". How does R. Yehudah learn his ruling from the additional word "u'Neta'atem"?
(d)How do the Chachamim then interpret "u'Neta'atem"?
(e)Like whom is the Halachah?
2)
(a)The Tana learns from the Pasuk in Kedoshim ...
1. ... "Ki Savo'u el ha'Aretz, u'Neta'atem ... " - that only trees that are planted from then on will be subject to Orlah (but not those that were planted by the Nochrim prior to their entry [see Tiferes Yisrael]).
2. ... "u'Neta'atem Kol Eitz Ma'achal" - that trees that would be planted from then on will be subject to Orlah (see Tos. R. Akiva Eiger), even before the entire land has been conquered, and even if they arre planted by Nochrim.
(b)According to the Tana Kama, fruit-trees that have been planted for the benefit of the community are Chayav Orlah. Rebbi Yehudah rules - that they are Patur.
(c)The Chachamim learn their ruling from "Yih'yeh Lachem Areilim" (inclyuding communal trees). R. Yehudah learns his ruling from the additional word "u'Neta'atem" - which is a 'Ribuy Achar Ribuy' (see Tos. Yom-Tov), which comes to preclude rather than to include.
(d)The Chachamim interpret "u'Neta'atem" - as meaning each person for himself.
(e)The Halachah is - like the Chachamim.
3)
(a)What does the Mishnah say about ...
1. ... someone who plants a fruit-tree in the R'shus ha'Rabim for his own personal use?
2. ... a Nochri or a thief who plants one?
(b)What is the case of 'a thief'? What did he steal?
(c)The Tana adds a fruit-tree that grows in a boat (which has no hole in its hull) to the list. What sort of boat is he talking about?
(d)Why is that?
(e)Which final case does the Tana includes in his list?
3)
(a)The Mishnah rules that if ...
1. ... someone plants a fruit-tree in the R'shus ha'Rabim for his own personal use - it is subject to Orlah, and so is one that has been planted by ...
2. ... a Nochri (see Tos. Yom-Tov) or a thief (see Tos. Yom-Tov).
(b)The case of 'a thief' is - someone who steals land and plants in it after the owner has despaired from retrieving it (see Tiferes Yisrael and Tos. Yom-Tov).
(c)The Tana adds to the list a fruit-tree that grows in a boat (which has no hole in its hull, and ) - which is made of earthenware (but not one that is made of wood) ...
(d)... because earthenware is porous (allowing the roots to nurture from the ground [see Tos. Yom-Tov]).
(e)The final case the Tana includes in this list is - a fruit-tree that grows wild (see Tiferes Yisrael).
Mishnah 3
4)
(a)Under what circumstances is a fruit-tree which has been torn out of the ground by the wind or by a river that overflowed its banks and replanted, Patur from Orlah?
(b)And what does the Tana say about a fruit-tree, in a case where the surrounding rocks have been uprooted, or where either it has been torn loose or the surrounding terrain has been ground into dust by the plow?
4)
(a)A fruit-tree which has been torn out of the ground by the wind or by a river that overflowed its banks and replanted is Patur from Orlah - if the tree is able to survive (by means of the earth that was torn out together with it) without being re-planted ...
(b)And the Tana says the same about a fruit-tree, in a case where the surrounding rocks have been uprooted, or where either its roots have been revealed or the entire tree is moved, before the owner piles earth around it (see Tos. Yom-Tov).
Mishnah 4
5)
(a)The Mishnah exempts a tree that is completely uprooted from Orlah, provided a root remains. How does Raban Gamliel citing R. Shimon ben Yehudah Ish Bartosa define a root?
(b)Why is the Halachah like him?
5)
(a)The Mishnah exempts a tree that is completely uprooted, from Orlah, provided a root remains. R. Shimon ben Yehudah Ish Bartosa defines a root as - one that is as thick as the needle with which the weavers stretch a garment when it comes off the weaving loom (see Tos. Yom-Tov).
(b)The Halachah is like him - because nobody disagrees with him.
Mishnah 5
6)
(a)The Mishnah now discusses an uprooted tree with a pool. What is an uprooted tree with a pool?
(b)Is the tree that grows from the branch initially Chayav Orlah?
(c)What does the Mishnah rule in a case where the original tree became uprooted?
(d)How about branches that one subsequently submerges in the ditch and that grow into fresh trees?
6)
(a)The Mishnah now discusses an uprooted tree with a pool - with reference to the farmers' custom to submerge a branch (or the top of the tree [Tiferes Yisrael]) that is still attached into a ditch that they have dug around the tree, until it grows into a new tree on the far side of the ditch.
(b)Initially, the tree that grows from the branch - is not Chayav Orlah.
(c)If the original tree became uprooted, the Mishnah rules that - from that moment on, both the new trees and the original one become subject to Orlah (i.e. the three years begin then).
(d)Branches from the new tree that one subsequently submerge in their respective ditches, year by year, and that grow into fresh trees - are subject to Orlah from the time the original tree is uprooted, in which case they all become permitted after three years.
7)
(a)What is 'Sipuk ha'Gefanim'?
(b)What does the Tana Kama say about the tree into which the branch has been grafted regarding Orlah?
(c)Will it make any difference if the grafted branch is submerged in the ground (see Tos. Yom-Tov)?
(d)How do we reconcile this with the Mishnah which declares a tree that has been grafted or whose attached branch has been transplanted, subject to Orlah no less than a freshly planted tree?
7)
(a)'Sipuk ha'Gefanim' - constitutes grafting a long attached branch from one vine to another (see Tos. Yom-Tov).
(b)The Tana Kama rules - that the tree into which the branch has been grafted is Patur from Orlah ...
(c)... even if the grafted branch is submerged in the ground (see Tos. Yom-Tov and Tiferes Yisrael).
(d)To reconcile this with the Mishnah which declares a tree that has been grafted or whose attached branch has been transplanted, subject to Orlah no less than a freshly planted tree - by establishing the latter by a branch that has been detached before it is grafted or transplanted.
8)
(a)How does R. Meir qualify the Tana Kama's ruling?
(b)Like whom is the Halachah?
8)
(a)R. Meir qualifies the Tana Kama's ruling - by confining it to where the branch that is grafted is still able to nurture from the mother tree (but if it is not, then the tree into which it is grafted is Chayav Orlah).
(b)The Halachah is - like the Tana Kama (see Tos. Yom-Tov and Tiferes Yisrael).
9)
(a)What similar ruling (to the opening Halachah in the Mishnah), does the Tana present regarding the tree that grows from the pool that becomes detached from the tree from which it grew?
(b)What would the Halachah have been had he picked the fruit immediately?
9)
(a)Similar to the opening Halachah in the Mishnah), the Tana rules that - if the original tree that was joined to the 'pool' became uprooted then the fruit that the owner fails to pick before it increases by one two hundredth, is forbidden.
(b)Had he picked the fruit immediately - it would have been permitted.
Mishnah 6
10)
(a)The Tana now discusses a sapling of Orlah or of Neta Revai that becomes mixed up with other saplings or vines of Heter. What is the case?
(b)Lechatchilah, he forbids picking the fruit from any of the trees in the orchard or the vineyard. Why is that (see Tiferes Yisrael)?
(c)Under which circumstances will it become Bateil Bedieved?
10)
(a)The Tana now discusses a sapling of Orlah or of Neta R'vail that becomes mixed up with other saplings or vines of Heter - by the owner having passed a holed flower-pot containing a sapling of Orlah or of a fruit-tree underneath a tree that is not Orlah or underneath a vine (see Tos. Yom-Tov), and he cannot remember underneath which tree or vine he passed it (see Tiferes Yisrael note 39).
(b)Lechatchilah, he forbids picking the fruit from any of the trees in the orchard or the vineyard - because of the principle 'Ein Mevatlin Isur Lechatchilah'.
(c)Bedieved however, if he does pick the fruit, it will become Bateil - provided he does not do so deliberately (with the express intention of rendering the fruit Bateil).
11)
(a)What does R. Yossi say about the current case?
(b)Why is he so lenient?
(c)Why else is he not afraid that one may come to plant an Orlah tree in a field containing two hundred Heter trees Lechatchilah?
(d)Like whom is the Halachah?
11)
(a)In the current case, R. Yossi - even permits picking the fruit Lechatchilah (see Tos. R. Akiva Eiger) ...
(b)... because no-one would be crazy enough to render his entire field Asur on account of one tree (so he is not worried that the owner may come to mix the forbidden plant with his Heter ones.
(c)Neither does he forbid it because of the principle 'Ein Meatlin Isur Lechatchilah' - since it is unusual, and Chazal do not generally extend their decrees to unusual cases.
(d)The Halachah is - like the Tana Kama (see Tos. Yom-Tov).
Mishnah 7
12)
(a)What does the Mishnah say about the leaves, the Lulavim (the soft newly-grown branches [Tos. Yom-Tov]), the Mei-Gefanim and blossoms of ...
1. ... Orlah vine-trees? What is 'Mei-Gefanim?
2. ... Neta R'vai vines and with regard to a Nazir partaking of them?
(b)To which Isur are all the above subject?
(c)What does the Tana learn from the Pasuk in Kedoshim ...
1. ... "va'Araltem Orlaso es Piryo"?
2. ... (in connection with Neta R'vai) "Yih'yeh Kol Piryo Kodesh Hilulim la'Hashem"?
(d)And what does he learn from the Pasuk in ...
1. ... Naso (in connection with Nazir) "Lo Ye'achel"?
2. ... Re'ei (in connection with Avodah-Zarah) "ve'Lo Yidbak be'Yadcha Me'umah min ha'Cherem"?
12)
(a)The Mishnah rules - that the leaves, the Lulavim (the soft newly-grown branches [Tos. Yom-Tov]), the Mei-Gefanim (the water that emerges from the vines when they are cut) and blossoms of ...
1. ... Orlah vine-trees (see Tiferes Yisrael) - are not subject to Orlah; Neither are the ...
2. ... Neta R'vai vines ... forbidden (to eat outside Yerushalayim without being redeemed), and in addition, a Nazir may partake of them.
(b)All of the above are subject to the Isur of - Asheirah (see Tos. Yom-Tov).
(c)The Tana learns from the Pasuk in Kedoshim ...
1. ... "va'Araltem Orlaso es Piryo" - that - all the above (which are not fruit) are not included in the Isur of Orlah.
2. ... "Yih'yeh Kol Piryo Kodesh Hilulim la'Hashem" - that the Isur of Neta R'vai applies to them too.
(d)And he learns from the Pasuk in ...
1. ... Naso (in connection with Nazir) "Lo Ye'achel" - that they are not subject to the Isur of Nazir, since they are not edible (and Mei Gefanim is merely water and not part of the tree).
2. ... Re'ei (in connection with Avodah-Zarah) "ve'Lo Yidbak be'Yadcha Me'umah min ha'Cherem" - that whatever is worshipped is Asur be'Hana'ah (whether it is edible or not).
13)
(a)What does R. Yossi say about the blossoms of Orlah vine-trees?
(b)R. Eliezer forbids cheese that has been placed in rennet comprising the sap of an Orlah tree. Why is that?
(c)What distinction does R. Yehoshua draw between the sap of leaves and of roots on the one hand, and that of unripe fruit, on the other?
(d)Like whom is the Halachah?
13)
(a)R. Yossi rules that the blossoms of Orlah vine-trees (see Tos. Yom-Tov) - are forbidden - because they are considered fruit.
(b)R. Eliezer forbids cheese that has been placed in rennet comprising the sap of an Orlah tree - because he considers sap to be a fruit.
(c)R. Yehoshua heard - that the sap of leaves and of roots on the one hand, is permitted (since it does not come from a fruit [see Tos. Yom-Tov), whereas that of unripe fruit - is forbidden
(d)The Halachah is - like R. Yehoshua.
Mishnah 8
14)
(a)The Mishnah now discusses 'Ankuklos' and Temed of Orlah vines among other things. What is ...
1. ... 'Ankuklos'?
2. ... 'Temed'?
(b)What ruling does the Tana issue regarding Ankuklos, the pits and skins of grapes, Temed made from them, the peels and fluff of pomegranates and fruit-pits (such as in grapes, dates, olives and peaches) regarding the Isur of ...
1. ... Orlah, Asheirah, and Nazir?
2. ... Neta R'vai?
(c)What is the reason for this distinction?
(d)What do we learn from the Pasuk In Kedoshim "va'Araltem Orlaso es Piryo"?
(e)And what does the Tana finally say regarding Novlos? What are 'Novlos'?
14)
(a)The Mishnah now discusses 'Ankuklos' and Temed of Orlah vines among other things.
1. 'Ankuklos' - is the acronym of 'Anavim she'Laku T'las' (meaning 'grapes that are smitten before they have attained a third of their growth.
2. ... 'Temed' - wine that is made from water that is poured on to wine dregs, or on to grape-pits or skins.
(b)The Tana rules that Ankuklos, the pits and skins of grapes, Temed made from them, the peels and fluff of pomegranates and fruit-pits (such as in grapes, dates, olives and peaches) are subject to ...
1. ... Orlah, Asheirah, and Nazir, but not to ...
2. ... Neta R'vai ...
(c)... because they are all secondary to the fruit (so that the Isur regarding the fruit extends to them, too), whereas the obligation to eat Neta R'vai in Yerushalayim, which is learned from Ma'aser Sheini, is confined to what is fit to eat (see also Tos. Yom-Tov).
(d)We learn from the Pasuk In Kedoshim "va'Araltem Orlaso es Piryo" - that whatever is secondary to the fruit is considered fruit with regard to Orlah (see also Tos. Yom-Tov).
(e)Finally, the Tana rules - that 'Novlos' (fruit that falls off the tree before it is ripe) too, pertains to all of the above (even to Neta R'vai, which must therefore be eaten in Yerushalayim).
Mishnah 9
15)
(a)What distinction does R. Yossi draw between replanting a branch from an Orlah-tree and planting a nut?
(b)What would he say if one did replant the nut, and then took a branch from the tree that subsequently grew, and grafted it into another nut-tree, or replanted it independently?
(c)And what does R. Yossi say about grafting a branch containing blossoming fruit into another tree?
(d)How do we rule with regard to R. Yossi's ...
1. ... first ruling?
2. ... second ruling?
15)
(a)R. Yossi - permits replanting a branch from an Orlah-tree (since it is not fruit [see Tos. Yom-Tov. See also Tiferes Yisrael note 59]), but forbids replanting a nut (which is Asur be'Hana'ah).
(b)If however, one did replant the nut, and then took a branch from the tree that subsequently grew, and grafted it into another nut-tree or replanted it independently - it would be permitted, because of the principle 'Zeh ve'Zeh Gorem, Mutar' (see Tos. Yom-Tov and Tiferes Yisrael).
(c)R. Yossi - also forbids grafting a branch containing blossoming fruit into another tree, following his ruling in Mishnah 7 (see Tos. R. Akiva Eiger).
(d)We rule like R. Yossi's ...
1. ... first ruling - that one is permitted to replant a branch of Orlah, but not like his ...
2. ... second ruling - forbidding the grafting of a branch containing blossoming fruit into another tree.
