ROSH HASHANAH 15 (29 Kislev) - Dedicated by Mordechai Bodner (of Yerushalayim) in memory of his grandfather, Reb Menachem Mendel ben Reb Tzvi (born in Bardiyev and Niftar b'Shem Tov in N.Y.), who passed away on 29 Kislev 5734.

[15a - 41 lines; 15b - 32 lines]

1)[line 4]ראש השנה שלו שבטROSH HASHANAH SHELO SHEVAT- the [date that marks the] changing of the years [for Ma'aser purposes] is [the fifteenth of] Shevat [in which case the answer of Rabah bar Rav Huna is no longer viable]

2)[line 5]התםHASAM- there [in the Beraisa quoted on 12b]

3)[line 8]קשיא ליה ידאKASHYA LEI YADA- is sensitive to being handled

4)[line 9]דממשמשיMEMASHMESHEI- handle

5)[line 10]טעיןפריT A'IN PRI- bear fruit

6a)[line 12]שבט דחדשיםSHEVAT D'CHODASHIM- the lunar month of Shevat

b)[line 13]שבט דתקופהSHEVAT D'TEKUFAH- the solar month of Shevat [which begins just over thirty days past the winter solstice]

7)[line 15]היתה שנה מעוברת מהו?HAYESAH SHANAH ME'UBERES MAHU?- which [month is the Rosh Hashanah for trees] in a leap year (see Background to 6:29)[: the month of Shevat as it always is, or the first month of Adar since it occupies the normal spot of Shevat; namely, just prior to the primary month of Adar]?

8)[line 15]הלך אחר רוב שניםHALECH ACHAR ROV SHANIM- follow [the month of Shevat, since that is the month in which this Rosh Hashanah falls in] most years

9)[line 16]בת ששית שנכנסה לשביעיתBAS SHISHIS SHE'NICHNESES L'SHEVI'IS- that began to grow in the sixth year and has now entered Shemitah [at which point it is picked]

10)[line 18]הביעורBI'UR (SHEMITAH: BI'UR)

(a)The Torah requires farmers to desist from working the land every seventh year (Vayikra 25:1-7). Produce which grows during the seventh (Shevi'is) year is holy, which in this context means: 1. It is considered ownerless; anyone may enter a field and pick that which he wishes to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights here and to Sukah 40:1). 3. Shevi'is produce may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

(b)One need not separate Terumah and Ma'asros (see Background to 12:6) from produce that grows during the Shemitah year.

(c)Shemitah produce may be stored only so long as that produce is available in the fields to wild animals (derived from Vayikra 25:7). When it is no longer available in the wild, Bi'ur must be done. What this requires is a subject of disagreement among the Rishonim:

1.The RAMBAM (Hilchos Shemitah 7:1-3) explains that Bi'ur means that the produce must be destroyed (similar in meaning to "Bi'ur Chametz," the destruction of Chametz).

2.TOSFOS (Pesachim 52b DH Misba'arin), the RAMBAN (Vayikra 25:7), and the RASH (Shevi'is 9:8) explain that Bi'ur means removing all of the produce from storage, placing it in a public domain and declaring it Hefker (Halachically ownerless) in front of three Jewish men. These men may be friends of the owner, who will allow him to reclaim his produce from Hefker immediately following his declaration without attempting to claim the produce for themselves.

3.The RA'AVAD (Hilchos Shemitah 7:3) maintains that Bi'ur involves elements of both of the aforementioned opinions. When fruit of Shevi'is is no longer available where one lives, he must declare any fruit of Shevi'is in his possession to be Hefker or turn it over to Beis Din to distribute. When it is no longer available in that entire region of Eretz Yisrael - either Yehudah, Ever ha'Yarden, or Galil - then it must be destroyed (see Insights to Pesachim 52:3).

11)[line 20]סיפא לחומראSEIFA L'CHUMRA- the latter half [of Rabah's statement, which implies that the status of an Esrog depends upon the year in which it began growing, does not contradict the first half of his statement which states that it is exempt from Ma'aser even though it began growing in the sixth year, since one could explain that he is unsure about whether an Esrog follows the year in which it began to grow or the year in which it is picked, and therefore he] is stringent [and treats it as Shevi'is produce both ways]

12)[line 23]ואת אמרת תיחייב במעשר?V'AT AMRAT TI'CHAYEV B'MA'ASER?- and you wish to suggest that it should require the separation of Ma'aser? Aside from the exemption from Ma'aser afforded to produce that has the status of Kedushas Shevi'is, all produce that is Hefker (ownerless) is similarly exempt. Rabah maintains that since the general populace is unaware that the Esrog fruits in question do not have the status of Shevi'is and will not refrain from partaking of them, they indeed receive an exemption from Ma'aser as if they actually were Hefker.

13)[line 25]לעולם ששיתL'OLAM SHISHIS- is considered sixth-year produce in every respect [and although the Esrog fruit in question is treated as Hefker, it is actually stolen produce and receives no exemption from Ma'aser]

14)[line 39]נמנו באושאNIMNU B'USHA- voted in Usha, a city in the Galil which had the distinction of being one of the ten places to which the Sanhedrin was exiled

15)[last line]מאן דכר שמיה?MAN D'CHAR SHMEI?- who ever mentioned it [that the Rabanan in Usha should make mention of it]?


16)[line 2]ואחר חנטה לשביעיתACHAR CHANATAH L'SHEVI'IS- follows the year in which it began to grow for Shemitah purposes. This view, shared by Raban Gamliel (quoted on 14b), is that of both Rabah and Rav Hamnuna, and defends their position against that of Rebbi Shimon ben Yehudah. The point of dispute between Rabah and Rav Hamnuna - whether or not fruit that is treated as Hefker, although it is not actually so, is exempt from Ma'aser - is not discussed in this Beraisa whatsoever.

17a)[line 8]כזיתK'ZAYIS- [if it is the size of] a k'Zayis. Rebbi Yochanan describes the Chanatah of an Esrog with this term (a) non-specifically, and simply means a very small Esrog (RASHI, TOSFOS DH ul'Shevi'is, 14b); (b) because an Esrog has not reached the stage of Chanatah until it is the size of an olive (TOSFOS DH ul'Shevi'is, second explanation, 14b)

b)[line 9]ככרKIKAR- [as large as] a loaf of bread

18)[line 9]טבלTEVEL- produce from which Terumos and Ma'asros have not yet been separated (see Background to 12:6)

19)[line 13]בריכותBEREICHOS- broods (pairs of young pigeons)

20)[line 14]כעין שתי בריכותK'EIN SHTEI BEREICHOS- similar to broods [which hatch monthly; i.e., its fruits develop at different times]

21a)[line 15]דקליםDEKALIM- date palms

b)[line 16]וחרוביןCHARUVIN- carob trees

22)[line 18]נהגו העם בחרוביןNAHAGU HA'AM B'CHARUVIN- the general populace accustomed themselves regarding carob trees [as well as any other tree whose fruit ripen all at once (TOSFOS)]

23)[line 19]בנות שוחBNOS SHU'ACH- the sycamore fig tree, which produces small reddish figs that are white on the inside. Its fruits ripen all at once.

24)[line 19]שניהS HENIYAH- the second [year of the following Shemitah cycle]

25)[line 20]שעושות לשלש השניםOSOS LI'SHLOSH HA'SHANIM- produce fruit that takes three years to ripen [so that those figs that are ripe in the second year of a Shemitah cycle began to grow on the previous Shemitah]

26)[line 24]שבקתS HAVKAS- you deserted

27)[line 25]?קאמינא לך נהגו ואת אמרת לי איסוראKA'AMINA LECHA NAHAGU, V'AT AMRAT LI ISURA?- I told you that the general populace accustomed themselves [accordingly but not that the Halachah necessarily follows that opinion], and you are asking me [from that which the Halachah is that it is] forbidden?

28)[line 26]כי נהגו שבקינן ליה?KI NAHAGU, SHAVKINAN LEI?- if they have accustomed themselves [to do that which is forbidden], do we allow them [to continue]?

29)[line 30]תמיהניTEMIHANI- I would be shocked

30)[line 30]השיבהHESHIVAH- asked

31)[line 31]הא אותבהHA OSVAH!- he [most certainly] did ask this [question]!

32)[last line]אם קיבלה רבי יוחנן אם לא קיבלהIM KIBLAH REBBI YOCHANAN IM LO KIBLAH- if Rebbi Yochanan [did not reply because he] was stumped as opposed to [because] he did not deem the question strong enough [to bother responding to]