[72a - 10 lines; 72b - 15 lines]
1a)[line 1]ìäãéåèL'HEDYOT- [that which Isurei Hana'ah do not become nullified in any amount is true only when the permitted items that become prohibited become prohibited] to a commoner
b)[line 2]ìâáåäL'GAVO'AH- [if the permitted items that become prohibited become prohibited] to On High (i.e., Korbanos)
2)[line 4]ãîàéñD'MA'IS- since [items invalid as Korbanos] are disgusting [to HaSh-m (as it were)]
3)[line 5]åðéáèìå áøåáà?V'NIVTELU B'RUBA? - let them be nullified by the majority? (BITUL B'ROV)
(a)The status of a mixture containing both that which may (Heter) and may not (Isur) be eaten depends upon the ratio of the two elements, as follows:
1.If most of the mixture is Isur, then the entire mixture is prohibited mid'Oraisa;
2.If most of the mixture is Heter, but the Isur constitutes more than one sixtieth of the mixture, then the Isur has the status of a "Nosen Ta'am" (giving taste) to the Heter, and it is prohibited mid'Rabanan. (This follows the understanding of those who maintain that "Ta'am k'Ikar" - that the taste of a food item must Halachically be dealt with as its essence - is a Rabbinic law. There are those, however, who are of the opinion that "Ta'am k'Ikar" is mid'Oraisa. According to this view, if the two elements of the mixture do not have the same taste then the entire mixture would be prohibited mid'Oraisa);
3.If the amount of Isur is less than one sixtieth of the Heter, then it is not Nosen Ta'am to the Heter and the mixture is permitted.
(b)These rules apply to normal Isurim. There are, however, Isurim for which the guidelines are more stringent. Some of these exceptions are nullified by a ratio of one hundred parts of Heter to one part of Isur (Terumah; see Background to Gitin 52:4), and others by two hundred parts of Heter (Orlah; see below, entry #14, and Kil'ayim; see below, entry #7). Yet others can never be nullified; some due to their stringency (Avodah Zarah, Chametz according to Rav in Pesachim 30b, and Davar she'Yesh Lo Matirin - that which can be permitted), and others due to the significance of the Isur (e.g. a Biryah - whole creation, Chatichah ha'Re'uyah l'Hiskabed - cut of meat worthy of being served to distinguished people, etc.). All of these stringencies are mid'Rabanan in nature.
(c)One example of that which can never be nullified is a Davar Chashuv - an item of substantial value. Tana'im (Orlah 3:6) disagree over what is of substantial enough value to be included in this exception. The Chachamim rule that there are six specific items excluded from the general Halachos of Bitul, Rebbi Akiva adds one additional item, and Rebbi Meir affords such a status to items sold by unit (Davar shebe'Minyan) as opposed to by weight or volume. It is unclear if Rebbi Meir includes items that are always sold by count (Es she'Darko Limanos), or even those that are sometimes sold by count (Kol she'Darko Limanos). Rebbi Yochanan maintains the former, whereas Reish Lakish contends that the latter is true.
4)[line 6]çùéáé åìà áèìéCHASHIVEI V'LO BATLEI- they are valuable and do not become nullified (see previous entry, (c))
5)[line 7]ëì ùãøëå ìéîðåú / àú ùãøëå ìéîðåúKOL SHE'DARKO LIMANOS / ES SHE'DARKO LIMANOS- see above, entry #3:c. Animals are in the category of items that are sometimes sold by unit since a) the seller sometimes throws in extra animals, and they are sometimes sold by the herd/flock (RASHI); b) birds are sometimes sold by the group, and our Mishnah includes cases involving a Chatas ha'Of (TOSFOS DH Ela)
6)[last line]çáéìé úéìúïCHAVILEI TILTAN- bundles of fenugreek (O.F. fenogre), an annual plant whose aromatic seeds are used in curry manufacture and for medicinal purposes
7)[last line]ëìàé äëøíKIL'EI HA'KEREM - Grains or Vegetables Sown in a Vineyard
(a)The term Kil'ayim means "forbidden mixture." Any two items which are permitted in and of themselves but may not be combined are called Kil'ayim (see Background to Kidushin 39:23a, for example). Kil'ei ha'Kerem refers to the prohibition against sowing grains or vegetables in a vineyard (Devarim 22:9). One who intentionally transgresses this prohibition is liable to receive Malkus (lashes).
(b)There are various opinion among the Tana'im as to how one transgresses this prohibition:
1.Some Tana'im maintain that one transgresses this prohibition even if he finds such crops growing in his vineyard and does not remove them (Makos 21b).
2.Many Tana'im maintain that it is even forbidden to sow grains or vegetables in a preexisting vineyard. Rebbi Yoshiyah, however, maintains that the prohibition of Kil'ei ha'Kerem applies only when one sows wheat, barley, and grape seeds in one motion (39a, Berachos 22a). (According to this view, one who transgresses the prohibition of Kil'ei ha'Kerem must also transgress that of Kil'ei Zera'im (see Background to Kidushin 39:23a:c and TOSFOS ad. loc. DH Lo).
(c)For the purposes of Kil'ei ha'Kerem, the two crops are considered to be "mixed" even when they are planted in close proximity to one another. Vegetables and grains must be planted at least at least six Tefachim away from a single grapevine and at least four Amos away from a vineyard. In this context, a vineyard refers to a minimum of five grapevines planted such that four form two parallel rows of two vines each with a fifth planted between and behind the two rows (Kil'ayim 5:5).
(d)Although the Torah prohibits Kil'ei ha'Kerem only in Eretz Yisrael, the Rabanan prohibited it in Chutz la'Aretz as well since it is a Mitzvah ha'Teluyah ba'Aretz (dependant upon the land; Kidushin 38b).
(e)One may not derive any benefit (they are Asurim b'Hana'ah) from either crop of Kil'ei ha'Kerem; they must be burned (Kidushin 56b).
(f)The verse describes produce sown as Kil'ei ha'Kerem as having become "Kadosh" (Devarim 22:9). In this context, this means that a) one may not derive any benefit from one of the crops, and b) that crop must be burned. The entire crop need not be uprooted, however. Since the smaller crop is Batel (nullified) to the larger if the ratio is less than a quarter of a Kav per Se'ah (1/24), once it has reached that point than it may be left (Kil'ayim 2:1; see TOSFOS YOM TOV for an explanation for this Halachah).
72b----------------------------------------72b
8)[line 1]éãì÷åYIDALEKU- they must be burned
9)[line 3]éòìå áàçã åîàúéíYA'ALU B'ECHAD U'MASAYIM- they are nullified in [a mixture with] one [part Kil'ayim] and two hundred [parts permitted bundles]
10)[line 4]î÷ãùMEKADESH- lit. consecrates; in this context, prohibits the mixture into which it falls
11)[line 5]ùùä ãáøéí áìáãSHISHAH DEVARIM BILVAD- six things only [due to their great value]
12a)[line 7]àâåæé ôøêEGOZEI PERECH- a) (whole) nuts from a place called Perech (RASHI); b) (whole) crumbly nuts (TOSFOS DH H"G)
b)[line 7]øéîåðé áàãïRIMONEI BADAN- pomegranates from Badan, a place in Samaria renowned for its pomegranates
c)[line 7]çáéåú ñúåîåúCHAVIYOS SESUMOS- sealed barrels [of wine and oil] (RABEINU CHANANEL to Beitzah 3b)
d)[line 8]çéìôé úøãéïCHILFEI TERADIN- young beet shoots
e)[line 8]÷éìçé ëøåáKILCHEI KERUV- heads of [large] cabbages [that grow in Eretz Yisrael]
f)[line 8]ãìòú éåðéúDELA'AS YEVANIS- Greek gourd
g)[line 9]ëëøåú ùì áòì äáéúKIKAROS SHEL BA'AL HA'BAYIS- home-baked loaves [of bread, as opposed to bakery loaves that are smaller]
13)[line 10]äøàåé ìòøìä, òøìäHA'RA'UY L'ORLAH, ORLAH (ORLAH / REVA'I)
(a)One may not derive any benefit from fruit produced by a fruit tree in the first three years following its planting. These fruits are termed "Orlah" (Vayikra 19:23). This status applies not only to the fruit but also to the peel of the fruit (Kelipei Orlah).
(b)If one consumes a k'Zayis of Orlah fruit, he receives Malkus. According to most Rishonim one who derives benefit from Orlah (or any other food that is Asur b'Hana'ah) is punished with Malkus as well (TOSFOS to Chulin 120a DH Ela). There are those, however, who maintain that for such a transgression one receives only Makas Mardus (Malkus instituted by the Rabanan; RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Yesodei ha'Torah 5:8).
(c)Fruit that grows in the fourth year, following those of Orlah, is called Reva'i. The Torah refers to these fruits as "Kodesh" (Vayikra 19:24). In this case, this means that they must be brought to Yerushalayim and eaten there while one is in a state of purity. Alternatively, one may be Podeh (redeem) the fruits, in which case the money equal to their value gains the status of the original fruits of Reva'i. It must be brought to Yerushalayim, and spent there to purchase food products that must be eaten while one is in a state of purity.
(d)The Gemara records a disagreement as to whether the laws of Reva'i apply to all fruits (Neta Reva'i) or only to grapes (Kerem Reva'i). In Eretz Yisrael, the Halachah follows the opinion that the laws of Neta Reva'i apply to all fruits.
(e)The Mishnah cited in our Gemara states that those of these seven items that can be Orlah - namely, nuts, pomegranates, and barrels of wine and oil - that fall into a mixture of any size cause the entire mixture to gain the Halachic status of Orlah.
14)[line 13]äðéçà ìøéù ì÷éùHANICHA L'REISH LAKISH- Unless proven otherwise, an anonymously authored Mishnah - such as ours - is presumed to express the opinion of Rebbi Meir. Therefore, our Mishnah is understood according to the understanding of Reish Lakish in Rebbi Meir.
15)[last line]äàé úðà, úðà ãìéèøà ÷öéòåú äåàHAI TANA, TANA D'LITRA KETZI'OS HU- this Tana [who authored our Mishnah] is the Tana mentioned [in the Beraisa dealing with a case of] a Litra (identified with the Roman Libra - a pound) of cut [and dried] figs (namely, Rebbi Yehoshua according to the opinion of Rebbi Yehudah)