ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) We learned in a Beraisa 'Rebbi Kofel Bah Devarim', meaning from 'Ana Hash-m ... ' and onwards. 'Rebbi Elazar ben Prata Mosif Bah Devarim' means - already from 'Od'cha'.
(a) Abaye comments on our Mishnah '(Makom she'Nahagu) Levarech, Yevarech' - that this pertains exclusively to the Berachah after Hallel, but not before, which is Halachah.
(b) And he bases this on a statement by Rav Yehudah Amar Shmuel - who rules that Mitzvos require a Berachah O'ver la'Asiyasan (implying that it is Halachah, and not Minhag).
(c) Rav Nachman bar Yitzchak learn from the Pasuk (in Shmuel) "va'Yaratz Achima'atz ... va'Ya'avor es ha'Kushi", and others from the Pasuk in Michah "va'Ya'avor Malkam Lifneihem, va'Hashem b'Rosham"- that 'Avar' (O'ver) is a Lashon of going in front of (before).
(d) Abaye learns it from the Pasuk in Vayeira (in connection with Yakov's meeting Eisav) "v'Hu Avar Lifneihem".
(a) Our Mishnah now discusses the purchase of a Lulav from one's friend in the Shemitah year ('ha'Loke'ach Lulav me'Chavero ... '), which should be changed to - 'ha'Loke'ach Lulav me'Am ha'Aretz' (see Tosfos).
(b) If someone purchased a Lulav from an Am ha'Aretz during the Shmitah year, he should ask him for the Esrog free of charge.
(c) Should the Am ha'Aretz refuse to give him the Esrog free - he absorbs the cost of the Esrog in that of the Lulav (i.e. gets the seller to charge more for the Lulav, to cover the cost of the Esrog.
(d) One may not pay the Am ha'Aretz directly for the Esrog - because we learn from the Pasuk "l'Ochlah", ("l'Ochlah', 've'Lo li'Sechorah') that the fruit of Shemitah must be eaten and not preserved [neither it nor its proceeds] for after Shevi'is.
(a) Chazal permitted paying an Am ha'Aretz as much as he needs for three meals (which is more than the cost of an Esrog - see Tosfos DH 'Yoser) ...
(b) ... because, on Erev Shabbos, we assume that he needs that amount for the three meals of Shabbos, and, having permitted that amount on Erev Shabbos, they extended the concession to the rest of the week.
(c) Someone forgot and paid the Am ha'Aretz more than that - is obligated to transfer the Kedushah of what he gave to the Am ha'Aretz on to his own money (which he must then treat with Kedushas Shevi'is).
(d) This concession however, applies only if the Am ha'Aretz at least made his field Hefker - but if he did not, then one is not permitted to purchase from him 'even as little as half an Isar'.
(a) The Mishnah in Shevi'is lists various types of plants that are Patur from Ma'aser (during the other six years) and which one may buy from anyone in the Shemitah year - because, due to the fact that they are of little value, one tends to declare them Hefker, and Hefker is Patur from Ma'aser.
(b) Chazal derive this from the Pasuk in Re'eh "u'Va ha'Levi Ki Ein Lo Chelek v'Nachalah Imach", implying - that the Levi only receives Ma'aser from crops in which he has no share (but not from crops that are Hefker, and in which he too, has as much right as a Yisrael).
(c) The Seifa - permits purchasing them from anybody ...
(d) ... because they are not normally guarded anyway (rendering the reason that most Shemitah produce is forbidden, inapplicable).
(a) The problem Rav Sheishes now has with the previous Beraisa, which permits the purchase of three meals-worth from an Am ha'Aretz during the Shemitah year, but no more is - that the Seifa of this Mishnah (which we just quoted) does not place a limit on how much one is permitted to purchase from an Am ha'Aretz during the Shemitah.
(b) He reconciles the two by establishing the latter 'bi'Chedei Man' - meaning that one is only permitted to purchase three meals-worth (in spite of its not having said so).
(d) We prove from the Pasuk in Daniel "va'Yiman Lahem ha'Melech" - that 'Man' means sustenance (bearing out the expression just used by Rav Sheishes and Rebbi Yochanan).
(a) The problem with ...
1. ... our Mishnah, which requires purchasing the Lulav in the Shemitah, but not the Esrog is - that surely the same prohibition of purchasing an Esrog from an Am ha'Aretz in the Shemitah year, ought to apply to a Lulav too!?
2. ... the initial reply, which points out that the Lulav grew in the sixth-year - the same ought to apply to an Esrog!?
(b) We solve the problem - by differentiating between an Esrog, which is gauged (regarding Ma'asros) by the time of picking (which, in this case, is the seventh year); whereas palm-trees go after the time that they budded (the sixth year).
(c) The source for this distinction is - the fact that, seeing as, like vegetables, Esrogim require constant watering, they are gauged like vegetables, which are Ma'asered according to when they are picked.
(d) We query this answer however, in that both Rebbi Eliezer and Raban Gamliel (whom we are about to discuss) gauge Esrogim in the Shemitah according to the time that they bud (and not picked).