CHULIN 31-43 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

UNTIL WHEN MAY ONE EAT IN THE HOUSE (Yerushalmi Sheviis Perek 9 Halachah 3 Daf 26a)

îùðä àåëìéï òì äîå÷ôø àáì ìà òì äùîåø

(a)

(Mishnah): One may eat (in the house) as long as there is such Hekfer (ownerless) produce in the field. However, if they only are Shamur (remain in people's possession), they may no longer be eaten in the house.

øáé éåñé àåîø àó òì äùîåø

(b)

(R. Yosi): Even if they are Shamur.

àåëìéï òì äèôçéï åòì äãéôøà [ãó òã òîåã á (òåæ åäãø)] àáì ìà òì äñéúååðéú

(c)

One may eat (the fruit in the house) on account of Tefichin (food that birds have put in their nests) and on account of Difra (a tree that produces fruits twice a year - one may eat from the first crop until the second crop ends). But one may not eat (summer fruits) on account of the winter fruits (that grow the following winter, since they are inferior grapes).

øáé éäåãä îúéø ëì æîï ùáéëøå òã ùéëìä ä÷éõ:

(d)

R. Yehuda permits it, as long as they began to ripen before the end of the summer (making them 7th year produce).

âîøà îúðé' ãø''ù ëúéá (åé÷øà ëä) îï äùãä úàëìå àú úáåàúä ëì æîï ùàú àåëì îï äùãä àú àåëì îä ááéú ëìä îï äùãä ëìä îï äáéú

(e)

(Gemara): The Mishnah (that doesn't permit eating on account of Shamur produce) follows R. Shimon, who learns from the pasuk (Vayikra 25:12), "...you shall eat its produce from the field'' - as long as you eat from the field, you may eat in the house, but once the produce in the field has disappeared, you may not eat in the house.

îä èòîà ãø''ù àú äåà ùâøîú ìä ùìà úàëì

(f)

Question: What's R. Shimon's reasoning? You caused the wild animal not to eat (by keeping it Shamur - in your possession).

îúðé' ãøáé éåñé ãúðéà àéï àåëìéï òì äèôçéï ùáòëå ø''é àîø àåëìéï òì äèôçéï ùáòëå

(g)

The Tana of the Mishnah (who said that one may eat on account of Tefichin - food that birds have put in their nests) is R. Yosi, as the Baraisa taught - One may not eat on account of Tefichin in Acre. R. Yosi said that one may.

àîø øáé éåñé äåéðï ñáøéï îéîø îä ôìéâéï øáé éåñé åøáðï áñéúååðåú àáì áãôøéï ìà àùëç úðé øáé éäåãà îúéø áãôøåï åäï ùáëøå òã ùìà éëìä ä÷éõ:

(h)

(R. Yosi): We thought that R. Yosi and R. Yehuda disagree over winter fruits, but not over Difra. But we found a Baraisa that taught - R. Yehuda permits with Difra, as long as they ripened before the summer ended.

2)

A MIXTURE OF DIFFERENT VEGETABLES (Yerushalmi Sheviis Perek 9 Halachah 4 Daf 26a)

îùðä äëåáù â' ëáùéí áçáéú àçú ø''à àåîø àåëìéï òì äøàùåï åøáé éäåùò àåîø àó òì äàçøåï

(a)

(Mishnah): If a person pickled three types of Sheviis vegetables (with three different times of Biur) in the same barrel, R. Eliezer says that one may eat from all of them until the time of Biur of the earliest one arrives. R. Yehoshua says the may eat until even the time of Biur of the latest one.

øáï âîìéàì àåîø ëì ùëìä îéðå áùãä éáòø îéðå îï äáéú

(b)

(Rabban Gamliel): For each type, once it has disappeared from the field, it must have Biur from the house.

[ãó òä òîåã à (òåæ åäãø)] ø''ù àåîø ëì éø÷ àçú ìáéòåø àåëìéï áøåâéìà òã ùéëìå ñâøéåú îá÷òú áéú ðèåôä:

(c)

(R. Shimon): All vegetables are considered one type for Biur (so if any type of vegetable still exists in the field, he may continue to eat from the barrel). Therefore, one may eat purslane (that disappears early) until the Sandios of the valley of Beis Netufah (that disappear late) disappear.

âîøà îä èòîà ãø''à äøàùåï ðåúï èòí áàçøåï îä èòîà ãøáé éäåùò äàçøåï ðåúï èòí áøàùåï å÷ùéà òì ãøáé éäåùò åàéï äøàùåï ðåúï èòí áàçøåï

(d)

(Gemara) Question: What is R. Eliezer's reasoning? The earliest (disappearing) vegetable gives flavor to the latest. What's R. Yehoshua's reasoning? The latest gives flavor to the earliest. One could ask R. Yehoshua - but doesn't the first (also) give flavor to the last? (The Gemara doesn't answer this question.)

øáï âîìéàì àåîø ëì ùëìä îéðå áùãä éáòø îéðå îï äáéú úðé åäìëä ëãáøéå

(e)

Rabban Gamliel said that for each type, once it has disappeared from the field, it must have Biur from the house. A Baraisa teaches that the Halacha follows Rabban Gamliel.

çæ÷éä àîø îëéåï ùäúçéì áàåöø ëîáåòø äåà

(f)

(Chizkiyah): As long as he began to use the fruits from his storage, they are considered removed (as he won't then continue to leave them there for a long period of time). (Note: This entry follows R. Chaim Kanievski's explanation. Others have significantly different explanations - see Pnei Moshe & Mahara Fulda.)

àúà òåáãà ÷åîé øáé éñà åäåøé ëçæ÷éà ìà ãàðà ñáø ëååúéä àìà îï îä ãàðï çîééï øáðï òáãéï òåáãà ëååúéä

(g)

Such a case came before R. Yasa and he ruled like Chizkiyah; not because he agreed with him, but because he saw the Rabbanan ruling this way.

øáé éöç÷ áø øãéôà äåä ìéä òåáãà àúà ùàì ìøáé éøîéä à''ì îä àøéååúà ÷îê åàú ùàì ìúòìéé' àúà ùàì ìø' éàùéä à''ì çîé ìê úìúà øçîéï åàô÷øä ÷åîéäåï

(h)

R. Yitzchak bar Redifa had such a case - he asked R. Yirmiyah, who replied, "You have lions with you and you are coming to ask foxes?'' He went and asked R. Yoshiya, who said to him, "There are three friends upon whom you can rely, that if you declare it all ownerless in front of them, they will not come and acquire them.''

[ãó òä òîåã á (òåæ åäãø)] ÷ôåã÷àé ãöéôåøéï ùàìéï ìøáé àéîé áâéï ãìéú ìàéìï òîà øçéí åìà ùàì ùìí àéê öåøëä îéòáã à''ì ëã úéçîåï øéâìà öìéìà ãéäåéï îô÷åï ìùå÷à åîá÷øéï ìéä åçæøéï åæëééï áéä

(i)

Kepudkians came to Tzipori and asked R. Imi, "Since we don't have friends, how are we (to declare it ownerless)? He told them, "When people stop passing by in the market (because it is late in the evening), take out the fruits to the market and declare them ownerless and then reclaim them for yourselves''.

øáé çâéé îôìéâ ìä öìåçéï öìåçéï øáé àìéòæø îôìéâ ìä öìåçéï öìåçéï

(j)

R. Chagai would distribute Sheviis produce to all and he would also retain some for himself to drink. R. Eliezer did the same.

øáé çæ÷éä ñì÷ âáé øáé éøîéä à''ì æëéúé áäï àåöøä

(k)

R. Chizkiyah came before R. Yirmiyah and asked him, "Advise me how I can reclaim my storehouse of Sheviis fruit after I declare it ownerless''.

à''ì öåø ìé àéìéï ôøéèééà âáéê à''ì äøé î÷åîï îåùëø ìé à''ì ìà ëï àô÷øúï çæø åæëéúä áäï:

(l)

(R. Yirmiyah): First, take these coins from me and hold onto them. The place of the fruits in the storehouse is now rented to me (for those coins). Now that you've transferred those fruits from your possession to mine, you can render them ownerless and then afterwards reclaim them.