1)

WHAT REQUIRES HECHSHER

(a)

(Beraisa - R. Yochanan ben Nuri): A Kal va'Chomer teaches that it is Tamei. It has severe Tum'ah without intent. All the more so, it has mild Tum'ah without intent!

(b)

Chachamim: You cannot learn from severe Tum'ah, for it is not Yoredes l'Kach.

(c)

Question: What does this mean?

(d)

Answer #1 (Rava): You cannot learn from severe Tum'ah, for it is not Metamei things to be like itself. (It is an Av ha'Tum'ah, but it does not make an Av.) Mild Tum'ah is! (Rashi - it is Metamei food, enabling that food to be Metamei food. Me'iri - a Rishon can make a Rishon, i.e. if it touches a liquid!)

(e)

Objection (Abaye): You explain that this is a severity of mild Tum'ah. If so, Chachamim should agree that all the more so, mild Tum'ah does not require intent!

(f)

Answer #2 (Rav Sheshes): You cannot learn from severe Tum'ah, which does not require Hechsher, to mild Tum'ah, which requires Hechsher!

(g)

Objection: Mild Tum'ah does not require Hechsher!

1.

(Mishnah): These are three laws of Nivlas Ohf Tahor (there are 13 in all) -- it requires intent, it is Metamei only in Beis ha'Bli'ah, and it does not require Hechsher (for mild Tum'ah).

(h)

Answer: The Mishnah teaches that it does not require Hechsher through a Sheretz (i.e. it has Tum'ah even without touching Tum'ah), but it requires Hechsher through a liquid.

(i)

Objection: It does not require Hechsher through a Sheretz due to R. Yishmael's teaching. Likewise, it should not require Hechsher through a liquid!

1.

(Tana d'Vei R. Yishmael): "Kol Zera Zeru'a (is not Mekabel Tum'ah without Hechsher)." Hechsher is needed only for things like seeds, which will never have severe Tum'ah;

2.

This excludes Nivlas Ohf Tahor. Since it has severe Tum'ah, it does not need Hechsher.

(j)

Answer #3 (Rava): You cannot learn from severe Tum'ah, which never requires Hechsher, to mild Tum'ah, which in some cases requires Hechsher!

2)

INTENT OF THE PLANTING TAKES EFFECT

(a)

(Rava): (R. Yochanan taught (50a-b) that intent for something attached has no effect regarding Kabalas Tum'ah.) R. Yochanan agrees that intent for something attached takes effect regarding Ma'aser:

1.

(Mishnah): If the following were grown in a Chatzer and were guarded, Ma'aser applies to them -- mint, hyssop and savory.

2.

Question: What is the case?

i.

If they were planted for the sake of people, this is obvious!

3.

Answer: They were initially planted for the sake of animals, and it says that if they were guarded, Ma'aser applies to them!

(b)

Rejection (Rav Ashi): No. The case is, they grew by themselves in a Chatzer. Stam (without any intent), it is assumed that people will eat them;

1.

The Mishnah teaches that if the produce is guarded in the Chatzer (it is not Hefker), Ma'aser applies to it. If not, it is exempt from Ma'aser.

(c)

Question (Rav Ashi - Mishnah): Tum'as Ochlim applies to everything from which Ma'aseros must be taken.

1.

Tum'as Ochlim does not apply to them, therefore Ma'aseros do not apply!

(d)

Answer (Rava): It means that Tum'as Ochlim applies to every species from which Ma'aseros must be taken. (If these were planted for people, they are Mekabel Tum'as Ochlim.)

(e)

Support #1 (Mishnah): Matanos (the foreleg, jaw and stomach of a slaughtered Chulin animal is given to a Kohen) apply to everything that Reishis ha'Gez (first shearings) applies to.

1.

Question: Reishis ha'Gez applies to a Terefah, but Matanos do not!

2.

(Answer #1: We must say that the Mishnah discusses species, Matanos apply to every species that Reishis ha'Gez applies to!)

(f)

Rejection (and Answer #2 - Ravina): No, that Mishnah is like R. Shimon:

1.

(Beraisa - R. Shimon): Reishis ha'Gez does not apply to a Terefah.

(g)

Support #2 (Rav Simi Bar Ashi - Beraisa): If one made his vineyard Hefker and promptly harvested it, he must leave Peret (loose grapes), Olelos (deficient clusters), Shichchah (what one forgot to take) and Pe'ah for the poor, but he is exempt from Ma'aseros.

1.

Contradiction (Mishnah): Ma'aseros must be taken from everything from which Pe'ah must be left.

2.

Answer: We must say that the Mishnah discusses species.

(h)

(Mishnah): Chachamim agree with R. Akiva that one who plants dill and mustard in two or three places must leave Pe'ah from each.

51b----------------------------------------51b

(i)

Inference: Since Pe'ah applies to dill, Ma'aser applies to it;

1.

(Mishnah): Ma'aseros must be taken from everything from which Pe'ah must be left.

2.

Since Ma'aser applies to dill, it is Mekabel Tum'as Ochlim;

3.

Conclusion: Tum'as Ochlim applies (even) to things like dill that are used only to season (but are not eaten by themselves)!

(j)

Contradiction (Mishnah - R. Akiva): The following may be bought with money of Ma'aser Sheni, but they are not Mekabel Tum'as Ochlim -- Kosht (costus, a root), Chimum (a type of chrysanthemum), fragrant spices, Ti'ah (aconite), Chiltis (a plant used as a resin, its leaves are used as a spice and for medicines), (black) pepper, Chalas Chari'a (a lozenge made of saffron or safflower).

1.

R. Yochanan ben Nuri: If they may be bought with Ma'aser money, they should be Mekabel Tum'as Ochlim. If they are not Mekabel Tum'as Ochlim, it should be forbidden to buy them with Ma'aser money!

2.

R. Yochanan ben Nuri: Chachamim voted and decided that they may not be bought with Ma'aser money, and they are not Mekabel Tum'as Ochlim.

(k)

Answer #1 (Rav Chisda): The Beraisa refers to dill planted to be ground and put into Kutach (a dip. Dill is the primary ingredient. It is considered like eating it by itself.)

(l)

Objection (Rav Ashi): This implies that if dill was planted Stam, it is destined to be put in a pot (to give taste). This is wrong!

(m)

Answer #2 (Rav Ashi): Rather, Stam dill is for the sake of Kutach!

1.

(Mishnah): Once dill gives taste to a cooked food, Terumah and Tum'as Ochlim no longer apply to it (for no taste remains in it).

2.

Inference: Before it gives taste, Terumah and Tum'as Ochlim apply to it!

3.

If Stam dill were to give taste, even before it gave taste, Terumah and Tum'as Ochlim would not apply to it!

(n)

Conclusion: Stam dill is for Kutach.

3)

MORE GENERAL RULES

(a)

(Mishnah): Matanos apply to everything that Reishis ha'Gez applies to (sheep), and also to things exempt from Reishis ha'Gez (cattle and goats).

(b)

(Shevi'is, i.e. produce with Kedushas Shemitah, must be made Hefker in the field. One may not make a business of selling it. It must be eaten in the normal way. When a species of Shemitah produce is no longer available in the field for wild animals, one must do Bi'ur, i.e. burn it (Rambam), make it Hefker (Ramban), or give it to appointees of Beis Din (Ra'avad).) Shevi'is applies to everything that Bi'ur applies to, and also to something exempt from Bi'ur.

(c)

(Gemara): Shevi'is and Bi'ur apply to the following -- leaves of the wild Luf (a type of onion) and mint (and almost all produce);

(d)

Shevi'is applies to the roots of wild Luf and of mint, but they are exempt from Bi'ur. "Veli'Vhemtecha vela'Chayah Asher b'Artzecha Tiheyeh Chol Tevu'asah Le'echol" -- as long as it is available for Chayos to eat in the field, you may (eat and) feed your animals in the house;

1.

When it ceases for Chayos in the field, you must expel it from your house;

2.

These roots never cease from the field.

(e)

(Mishnah): Every species (of fish) that has Kaskeses (scales) has Senapir (fins). Some species have Senapir, but not Kaskeses;

(f)

Every species (of animal) that has horns (Tosfos Chulin 59a - this refers to horns with certain Simanim that show that it is a Chayah) has (split) hooves (it is Kosher);

1.

Some species have hooves but not horns.

(g)

(Gemara): 'Every species that has Kaskeses' refers to Tahor fish;

(h)

Some species have Senapir but not Kaskeses. These species are Teme'im.

(i)

Question: If we see that a fish has Kaskeses, it is permitted. Why did the Torah also require Senapir?

(j)

Answer: Had the Torah said only Kaskeses, one might have thought that this means fins, and he would mistakenly permit Tamei species. Therefore, it wrote Senapir and Kaskeses.

(k)

Question: How did the Tana know which is which?

(l)

Answer: It says "v'Shiryon Kaskasim Hu Lavush" (armor is like scales).

(m)

Question: Since we learn from a verse, the Torah could have written just Kaskeses! (Until Sefer Shmuel (which contains the above verse) was written, we would rely on a tradition from Moshe from Sinai.)

(n)

Answer (R. Avahu): The Torah includes it for grandeur. (According to the opinion (in Tosfos Chulin 66b) that a tradition from Sinai teaches that every fish with Kaskeses has Senapir, perhaps Senapir is written to prove Divine authorship of the Torah. No human could know this from investigation, like the Gemara says (Chulin 60b) about the Shesu'ah - P.F.)

4)

SOMETHING ON WHICH WE BLESS ONLY BEFOREHAND

(a)

(Mishnah): Anything that requires a Berachah afterwards requires a Berachah beforehand, but there is something that requires a Berachah beforehand but does not require a Berachah afterwards.

(b)

Question: What does this (Seifa) refer to?

(c)

Answer #1: It refers to Yerek (vegetables).

(d)

Question: According to R. Yitzchak, who says that we bless after Yerek, what does it refer to?

(e)

Answer #2: It refers to water.

(f)

Question: According to Rav Papa, who says that we bless after water, what does it refer to?

(g)

Answer #3: It refers to Mitzvos. (We bless beforehand, but not afterwards.)

(h)

Question: In Eretz Yisrael, after removing Tefilin they bless "Asher Kideshanu b'Mitzvosav v'Tzivanu Lishmor Chukav." What does the Mishnah exempt (from a Berachah Acharonah)?

(i)

Answer #4: It exempts (nice) smells.

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