1)ADDING FROM NON-HOLY PERIODS TO HOLY PERIODS
(a)Question: How do we know that we add time from non-holy periods to holy periods?
(b)Answer: As taught by R. Akiva in a Beraisa:
1.(R. Akiva) The Torah (Shemos 34:21) stated that one should refrain from plowing and harvesting, even though it had already stated that one may not sow in the seventh year.
i.This comes to include the plowing immediately before the seventh year, and the harvesting immediately after.
2.(R. Yishmael) The Torah is referring to Shabbos and comparing harvesting to plowing.
i.It is teaching us that just as it is only voluntary plowing that is forbidden (as there is never any plowing that is a Mitzvah), so too it is only voluntary harvesting that is forbidden.
ii.This excludes harvesting the Omer, which is a Mitzvah.
(c)Question: How does R. Yishmael know that we add time from non-holy periods to holy periods?
(d)Answer: He learns it in a Beraisa concerning Yom Kipur:
1.(Beraisa) The Torah (Vayikra 23,32) states that "You should afflict yourselves on the ninth... in the evening."
2."On the ninth" implies that it should begin on the day of the ninth.
3."In the evening" implies that it should begin only on the eve of the tenth.
4.The reconciliation is that one adds from the daytime hours of the ninth to the fast.
5.This teaches us that we add time from non-holy periods to holy periods.
6.Question: How do we know that the end of Yom Kipur is also extended?
7.Answer: As it states that it must last "from evening to evening," including the following evening.
8.Question: How do we know that this also applies to Shabbos?
9.Answer: As it states that "you should rest" (referring to Yom Kipur, but alluding to Shabbos).
10.Question: How do we know that this also applies to Yom Tov?
11.Answer: As it states "Your rest" - this applies whenever there is a Mitzvah to rest.
(e)Question: For what does R. Akiva (who already had a source for extending the periods of holiness) use the words "You should afflict yourselves on the ninth" ?
(f)He uses it in accordance with the following Beraisa:
1.(Chiya bar Rav of Diftei) The Torah states that we should afflict ourselves on the ninth, even though this is really done only on the tenth, to tell us that whoever eats and drinks on the ninth is considered as though he has fasted on both the ninth and tenth.
2)THE CONDITIONS FOR YOVEL
(a)(R. Yehudah) "It is Yovel" (Vayikra 25,10) teaches us that it is Yovel regarding the prohibition to perform agricultural work even if the Mitzvos of returning land to its original owners and of the Shofar blowing were not performed
1.However, the prefix "It is" teaches that it is not Yovel if the servants were not released.
(b)(R. Yosi) "It is Yovel" teaches us that it is Yovel regarding the prohibition to perform agricultural work even if the procedures of returning land to its original owners and of releasing servants were not performed.
1.However, the prefix "It is" teaches that it is not Yovel if the Shofar was not blown.
(c)The Gemara now explores R. Yosi's reasoning:
1.Question: Since the word "Yovel" includes it as being Yovel even without certain criteria being fulfilled, and the words "It is" excludes it from being Yovel in the absence of other criteria, how do we know to place Shofar as the essential criterion and the release of servants as an inessential criterion?
2.Answer: It is possible that there would be no servants to be released, but it is not possible that there would be no Shofar to be blown.
3.Alternative answer: Releasing servants is dependant upon individuals, and we don't want Yovel to be contingent on their acquiescence; blowing the Shofar, on the other hand, is done by Beis Din.
i.Question: Why is an alternative answer necessary?
ii.Answer: As one might argue that it is impossible for there not to be a single servant in the world being released.
(d)Question: We have understood R. Yosi's reasoning; but what is R. Yehudah's reasoning?
(e)Answer: It is as follows:
1.The Torah states "you shall call for Dror in the land" (that servants should be released) immediately before saying that "it is Yovel."
2.R. Yehuda is of the opinion that a Pasuk is understood to be referring to the immediately preceding clause, and not to an earlier clause (such as that of blowing the Shofar).
i.Question: Why is it clear that "Dror" refers to releasing servants?
ii.Answer: As we have learned in a Beraisa that Dror refers to freedom.
iii.(Beraisa)(R. Yehudah) The word "Dror" refers to a person who can live ("Dar") wherever he wants and do his business wherever he wants.
(f)(R. Chiya bar Aba citing R. Yochanan) Thus far we have seen the opinions of R. Yehudah and R. Yosi; the Chachamim, however, hold that it is Yovel only if all three Mitzvos, (returning land to its original owners, releasing servants, and blowing Shofar) were performed.
(g)The reason is that they understand a Pasuk to be referring to the immediately preceding clause (of releasing slaves), the earlier clause (of blowing Shofar), and the following clause (of returning land to its original owners).
1.Question: Why do the Chachmim need the inclusive word of "Yovel" (implying that it is Yovel in any case)?
2.Answer: To teach that releasing slaves even applies in the Diaspora.
3.Question: So why does it say that Yovel is in "the land" (of Israel)?
4.Answer: To teach that it only applies in the Diaspora when it applies in the land of Israel.
3)THE NEW YEAR FOR ORLAH
(a)Question: How do we know that the new year for Orlah is on the first of Tishrei?
(b)Answer: The Torah (Vayikra 19 23) writes that fruit is permitted "in the fourth year" and we learn (by way of Gezerah Shavah) from the occurrence of the word "year" in this Pasuk "from the beginning of the year" in reference to Tishrei.(Devarim 11,12)
1.Question: Why not learn from the occurrence of the word "year" in the Pasuk "It is the first for you for the months of the year" in reference to Nisan? (Shemos 12,2)
2.Answer: We should learn the occurrence of the word "year" without any mention of months from the same type, rather than learn it from the occurrence of the word in connection to the word months.
4)THE TOSEFTA ABOUT CALCULATING ORLAH
(a)When planting, bending the runner of a plant into the earth to take root, or grafting, before the beginning of the Shemitah year ,the following applies;-
(b)If at least thirty days remain until Rosh Hashanah, it is counted as the first year for Orlah calculations, and the plant may be preserved through Shemitah.
(c)If less than thirty days remain until Rosh Hashanah, it does not count as the first year for Orlah calculations, and the plant may not be preserved through Shemitah.
(d)Even where it was planted thirty days beforeRosh Hashanah , fruit that grew after Rosh Hashanah of the fourth year are Orlah; only those that will grow after the fifteenth of Shevat will be Revai and can be eaten in Yerushalayim.