Question (Ravina): If we can learn a Lav from a Kal va'Chomer, the Torah did not need to write a Lav forbidding Chelev. We could have learned from a Kal va'Chomer from Neveilah!

A Lav forbids Neveilah, even though there is no Kares. All the more so a Lav forbids Chelev, which has (an Onesh of) Kares!

Answer (Rava): That Kal va'Chomer can be refuted. Neveilah is Metamei, but Chelev is not.

Question: We could have learned from Shemitah produce!

Answer: We cannot learn from Shemitah, for it forbids anything exchanged for it.

Pesachim 52b (Rav Chama bar Ukva): "Veli'Vhemtecha vela'Chayah Asher b'Artzecha" - as long as Shemitah produce is available for Chayos to eat in the field, you may (eat and) feed your animals in the house. When it ceases for Chayos in the field, you must be Meva'er (eradicate) it from your house.

Bava Kama 101a (Beraisa): If a garment was dyed with peels of Shemitah, it must be burned.

Regarding Shemitah it says "it will be", to teach that the appearance counts.

Shevi'is 7:7 (Mishnah): Any amount of Shemitah forbids Mino (the same species), and it forbids Eino Mino if it is Nosen Ta'am (gives taste).

9:8 (Mishnah - R. Yehudah): If one had much Shemitah produce and the time of Bi'ur came, he distributes three meals to everyone. The poor may eat after Bi'ur, but rich people may not;

R. Yosi says, rich and poor may eat after Bi'ur.

Tosefta (Shevi'is 8:2): If one had much Shemitah produce and the time of Bi'ur came, he distributes three meals to his neighbors, relatives and acquaintances. He takes it and leaves it on (the opening of his) his house, and says 'our brothers, Bnei Yisrael! Whoever needs, come and take.' He takes the Peros back into his house until they are finished.

Rambam (Hilchos Shemitah 7:3): If one had much Shemitah produce, he distributes three meals to everyone. Both rich and poor may not eat after Bi'ur. If one did not find people to eat at the time of Bi'ur, he burns the Peros in fire, casts them to the Dead Sea, or destroys them in any way.

Rebuttal (Ra'avad): He did not say what is Bi'ur that forbids to everyone. Perhaps he holds that giving three meals to everyone is the final Bi'ur. This is wrong. Rather, when Peros are finished in the city and its outskirts, everyone takes out of his house and brings to the Otzar (storehouse of) Beis Din, and they distribute three meals to everyone, enough for Shabbos, and similarly every day, until the Peros are finished. If there is no Otzar or Beis Din that distributes, one takes his Peros to the market and makes them Hefker. Even he may (re)acquire them. One who acquires them eats them until they are finished from the entire land, i.e. from all of Yehudah (or Galil), for one who lives in Yehudah (or Galil). Then, there is total Bi'ur, i.e. burning or destruction. After total Bi'ur, they do not forbid any amount, for they cannot be permitted. From the first Bi'ur (until total Bi'ur), they forbid any amount, since there is a Heter to eat three meals. One must remove them from his house.

Ri Korkus (partially brought in Kesef Mishneh): It seems that in the Rambam's text of the Mishnah, R. Yosi says that rich and poor may not eat after Bi'ur. However, in our text of the Mishnah and Tosefta, R. Yosi permits rich and poor to eat after Bi'ur. R. Shimshon and Tosfos (Pesachim 52b) have this text. They explain that the Isur to eat after Bi'ur is when one keeps the Peros like his own. After he made them Hefker and removed them from his Reshus, so people and animals may eat them, if he acquires them and brings them into his house, he may eat them until they finish. The Tosefta says so. Semag learned from it that one may not keep Shemitah produce after Bi'ur. Rather, he makes it all Hefker. Afterwards, he may eat it like Hefker. It seems that in his text, R. Yosi permits rich and poor to eat after Bi'ur. It is known that the Halachah follows R. Yosi against R. Yehudah. It seems that this is the text of the Yerushalmi. It says that R. Yehudah learns from "Evyonei Amecha (the poor of your nation) will eat", and R. Yosi expounds this like 'Evyonei Amecha v'Amecha' (the poor, and your nation), since it did not say 'Evyoncha (your poor).' Also in Toras Kohanim, R. Yosi permits all to eat. The Yerushalmi says that R. Yitzchak had Shemitah produce when Bi'ur came, and R. Yoshiyah told him to make it Hefker in front of three friends, i.e. who will not take it when you make it Hefker. R. Ami counseled people without friends to take it to the market and make it Hefker when no one is in the market, and then to take it back. This is a great Takanah for residents of Eretz Yisrael nowadays, for even though one may buy Peros from Nochrim, since Nochrim do not acquire Eretz Yisrael to uproot the Kedushah, the Peros have Kedushas Shemitah. R. Ami's counsel fulfills the Mitzvah without loss. Even though the Rambam requires burning them, and Rashi (Pesachim 52b) says that one must make them Hefker where animals will trample them, one may rely on the Chachamim I mentioned, especially in pressed circumstances. All the Torah's ways are peace. Also, nowadays Shemitah is mid'Rabanan.

Ramban (Vayikra 25:7): Rashi brings from Toras Kohanim that when the food is finished in the field for Chayos, you must Kaleh (finish) it for your animals in the house. He did not explain what is 'finishing.' It is to remove the Peros from the house and make them Hefker to rich and poor. This is Bi'ur of Shemitah produce that Chachamim discussed everywhere. There is no Isur to benefit from or eat it after Bi'ur; one need not destroy it. Chachamim listed which Isurei Hana'ah are burned, and which are burned (Temurah 33b); they did not list Shemitah produce. R. Yehudah and R. Yosi discuss Aniyim, i.e. people who gathered Hefker Shemitah Peros from others' fields, and Ashirim, who gathered Hefker Peros from their own fields. R. Yehudah forbids Ashirim due to suspicion (lest they did not make them Hefker). The Halachah follows R. Yosi, who permits. A Tosefta (8:1-4) says that initially, Beis Din would go to the entrance of cities. They would take Peros from people, and give them three meals, and put the rest in an Otzar. They would give to people on Erev Shabbos what they needed for their households.

Or Some'ach: Bava Kama 101a connotes that Shemitah must be burned.

Chazon Ish (Shevi'is 11:6): Perhaps the Ramban can say that this is after Bi'ur, for one who kept ownership of it in his house. However, if there is always a solution through Bi'ur, we cannot resolve the Ramban. Also, why must it be burned? It should suffice to bury it! (There is a Mitzvah to burn some Isurei Hana'ah. Others may simply be buried, for we merely must avoid benefit from it - PF.) Perhaps we discuss peels of Shemitah Sefichin (things that grew by themselves), which are forbidden (mid'Rabanan). However, we expounded "it will be", to teach that the appearance counts regarding Shemitah! Perhaps Chachamim enacted like Torah law. Alternatively, it is like R. Akiva, who forbids Sefichim mid'Oraisa. However, what is the source to require burning them?

Kesef Mishneh: The Ra'avad says that there are two Bi'urim, to explain why the Tosefta permits eating after Bi'ur. 'One eats Ad she'Yichleh' connotes until the Peros are consumed, since he acquired them after fulfilling the Mitzvah of Bi'ur, like R. Shimshon, Tosfos and the Ramban. The Ra'avad says that after the second Bi'ur, Shemitah Peros forbid a mixture if they give taste. Perhaps this Isur is mid'Rabanan. Perhaps the entire Bi'ur is a stringency mid'Rabanan, and the Beraisos that learn from verses are Asmachtos.

Or Some'ach: Divrei Emes proved from Zevachim 106 that the Isur of Shemitah produce is mid'Oraisa.

Radvaz: The Tana'im argue only about food distributed to people. All agree that what was not distributed is forbidden to rich and poor, since it is not available to Chayos in the field. The Rambam's words 'one may not eat after Bi'ur' refer to what he said above (Halachah 2; if Zman Bi'ur came, he must clear the Peros from the house), if he did not do Bi'ur. The Ra'avad understood that 'one may not eat after Bi'ur' refers to the last law (he distributes three meals to everyone). This is why he disagreed. He did not see Perush ha'Mishnayos, for it was not yet translated from Arabic.

Rashi (Yoma 83a DH Tevel): An Aseh forbids Shemitah produce after Bi'ur.

Tosfos (Pesachim 52b DH Misba'erim): Rashi (DH Ha) says that Bi'ur is leaving the Peros Hefker where animals will trample them. This is wrong. All permit them to Aniyim after Bi'ur! Everywhere, Chazal connote that Shemitah produce is forbidden after Bi'ur. The Ri says that this is if he kept possession of it in his house. If he made it Hefker and removed it from his house for any person or Chayah to eat, he may gather it and eat after Bi'ur.

Sefas Emes (Zevachim 106b DH bi'Gemara): It is not clear what is the Lav of Shemitah. Rashi (Yoma 83a) says that it is an Isur Aseh, and the Ramban says that it is mid'Rabanan.

R. Shimon Siriliyo (Yerushalmi 9:6 DH Hineni, DH Aval, DH l'Inyan Bi'ur): In our Mishnah, all Tana'im permit Shemitah after Bi'ur. Mishnah 7:7 says that any amount of Shemitah forbids Mino, and it forbids b'Eino Mino if it is Nosen Ta'am! The only Isur we find for Shemitah is after Bi'ur. One must leave the food for animals to trample, like Rashi says. It is Asur b'Hana'ah. This is even after Bi'ur was done. The Tana'im argue about who eats sixth-year produce that Beis Din stored up. Bi'ur forbids only what a person gathered. What was left in the field is permitted even after Bi'ur.