POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) WHAT WE LEARN FROM THE WORD B'DISHO
(a) Answer #3 (to Question 3:a (88b), and Answer #4 to Question 2:b - Ravina): We do not need an extra verse for man to eat detached, nor for animals to eat attached!
1. "Lo Sachsom Shor b'Disho" includes all animals. We learn a Gezeirah Shavah "Shor-Shor" from Shabbos (all our animals must rest).
2. The Torah could have written 'do not thresh with (something) muzzled.' "Shor" is extra, to equate the muzzler (man) to the muzzled one (an animal);
3. Just like the muzzler eats attached, also the muzzled one. Just like the muzzled one eats detached, also the muzzler!
(b) (Beraisa #1): (The Torah permits an animal to eat "b'Disho" (while threshing), and we learn to people.) Threshing applies to something that grows from the ground, and a worker may eat. He may eat everything that grows from the ground:
1. One who milks, churns (milk to make butter), or makes cheese does not eat, for milk does not grow from the ground.
(c) Question: Why must the Torah write "b'Disho"? We already know from "b'Cherem Re'echa"!
(d) Answer: One might have thought that the extra "Kamah" (which includes everything that grows from the ground) includes even things that do not grow from the ground. "B'Disho" teaches that this is not so.
(e) (Beraisa #2): Just like "b'Disho (threshing)" is final processing, and a worker may eat, he may eat whenever he does final processing;
1. One who weeds among garlic and onions may not eat, for this is not final processing.
(f) Question: Why must the Torah write "b'Disho"? We already know from "v'El Kelyecha Lo Siten"! (Since he does not put in the owner's Kli, he may not eat.)
(g) Answer: The case is, he removes small onions and garlic that will never grow big (he puts them in the owner's Kli).
(h) (Beraisa #3): "B'Disho (threshing)" is before final processing that is Kove'a for Ma'aser, and a worker may eat. He always eats before final processing for Ma'aser;
1. One who separates dates and figs that stuck together may not eat, for they are Kevu'im for Ma'aser.
(i) Contradiction (Beraisa): One who separates dates and figs that stuck together may eat!
(j) Answer (Rav Papa): That refers to bad dates and figs that do not ripen on the tree. They are warmed in a Kli to ripen (they are not Kavu'a for Ma'aser).
(k) (Beraisa #4): "B'Disho" is before it is Kavu'a for Chalah, and a worker may eat. He always eats food before it is Kavu'a for Chalah;
1. One who kneads or arranges the dough may not eat, for a dough is Kavu'a for Chalah.
(l) Question: Why must we teach this? Since it is Kavu'a for Ma'aser, we already know that he may not eat!
(m) Answer #1: The Beraisa teaches about Chutz la'Aretz, where there is no Ma'aser.
(n) Rejection: Nor is there Chalah in Chutz la'Aretz!
(o) Answer #2: The Beraisa teaches the law during the seven years of conquest and seven years of division of Eretz Yisrael;
1. During those years Chalah applied, but Ma'aser did not.
(p) Rejection: Permission for a worker to eat does not depend on whether or not the Peros actually must be tithed, rather, whether the final processing has been done. (The final processing for each species is the same as what is Kove'a (Peros of that species that must be tithed) for Ma'aser.)
(q) Answer #3 (Ravina): Beraisos #3 and #4 are extracts from one Beraisa. It says 'threshing is before it is Kavu'a for Ma'aser and (if it applies) Chalah, and a worker may eat. He always eats until produce is Kavu'a for Ma'aser and (if it applies, also) Chalah (even if it is Kavu'a for Ma'aser).
2) IMPROVING THE FOOD
(a) Question: May a worker roast Peros (Rashi - to make it tastier; Tosfos - if it is unfitting to eat without roasting) and eat it?
1. Is this like eating grapes with something to season them (which is forbidden (Tosfos - if it is hard to eat them by themselves)), or not?
(b) Answer #1 (Beraisa): An employer may give his workers wine in order that they will not eat many grapes. Workers may dip grapes in brine, in order that they will eat many.
(c) Rejection: We knew that one may make himself capable of eating much. The question is only whether he may improve the food.
(d) Answer #2 (Beraisa): Workers may eat grapes at the ends of the rows of the vineyard, but they may not roast them.
(e) Rejection: Perhaps it is only forbidden because it detracts from his work, but if his wife or children roast them, he may eat them!
(f) Answer #3 (Beraisa): A worker may not roast (produce), put in the ground (to warm it) or break it on a rock and eat, but he may break it in his hands.
(g) Rejection: Those are forbidden because they detract from his work.
1. Support: That is the only reason to forbid breaking it on a rock. It does not improve it!
2. Rejection: It improves it a little.
(h) Answer #4 (Beraisa): Workers harvesting figs, dates, grapes or olives may eat without tithing, for the Torah permitted them;
1. They may not eat with their bread unless the employer permitted them, nor may they dip them in salt.
(i) Rejection: Dipping in salt is surely like eating them with something else. This does not prove that one may not roast them.
3) IS SALTING KOVE'A FOR MA'ASER?
(a) Contradiction (Beraisa): A worker hired to dig under olive trees and cover the roots may not eat. If he was hired to harvest, he may eat without tithing, for the Torah permitted him;
1. If he stipulated with the employer (R. Chananel - to eat a certain number), he may eat one at a time, but he may not (gather and) eat two at a time. (The Tenai is like a sale. If he would gather two together, he would have to tithe them (Rashba - and he has no permission to tithe).)
2. He may not dip them in salt and eat.
3. Question: In which case is it forbidden to dip in salt?
i. Version #1: If he stipulated, he may eat (one at a time) any way he wants!
ii. Version #2 (Ra'avad): If he stipulated, may he eat any way he wants without concern for Ma'aser?!
4. Answer: Rather, it is when he did not stipulate.
(b) Answer #1 (Abaye): Dipping in salt is Kove'a for Ma'aser in Eretz Yisrael, but not in Chutz la'Aretz.
(c) Objection (Rava): If it is Kove'a for Ma'aser in Eretz Yisrael, it also is Kove'a in Chutz la'Aretz (in those places where Chachamim enacted Ma'aser)!
(d) Answer #2 (Rava): Both in Eretz Yisrael and Chutz la'Aretz, salting one at a time (and eating it) is not Kove'a for Ma'aser, but salting two (together) is Kove'a for Ma'aser;
1. If he stipulated, whether or not he salts, he may eat one at a time, but he may not gather two together;
2. If he did not stipulate, if he does not salt, he may eat two (or any number) at a time;
i. If he salts, he may eat one at a time, but not two at a time.
(e) (Ra'avad - Abaye and Rava agree that even when dipping in salt is forbidden, this is only due to Ma'aser, but not because it helps him eat more. All the more so, roasting is permitted! Most Rishonim hold that the question about roasting is not resolved.)
(f) Question: What is the source that salting two at a time is Kove'a for Ma'aser?
(g) Answer (Rav Masnah): "Ki Kibetzam ke'Amir Gorenah."