ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) A 'Zayis ha'Netufah be'Sha'ato' is - which tends to drip oil, but only some years ...
(b) ... which the Mishnah considers special, and Patur from Shikchah ...
(c) ... because the Pasuk writes "ve'Shachachta Omer ba'Sadeh", from which Chazal learn that only an ordinary tree that is always likely to be forgotten is subject to Shikchah (but not one that is sometimes bound to be remembered).
(d) This Halachah covers three areas 'bi'Shemo, be'Ma'asav u'vi'Mekomo', meaning that it is well-known (for example) ...
1. ... 'bi'Shemo" (due to its nick-name) - if it is commonly known as a 'Shafchani' (one whose olives are constantly dripping oil) or a 'Bishni' (which produces so much oil that it puts the other trees to shame.
2. ... 'Ma'asav' (due to its factual deeds) - if it produces an abundance of olives.
3. ... 'Mekomo' (its location) - if it situated for example, beside a wine-press or beside a breach in the fence.
(a) The author of the Mishnah 've'Sha'ar Kol ha'Zeisim Shenayim Shikchah, Sheloshah, Einan Shikchah' - is Beis-Hillel (as we learned in the previous Perek).
(b) Rebbi Yossi says that olive-trees in general - are not subject to Shikchah (because in his time they were still scarce, following the Emperor Hadrian's destruction of the land.
(c) He will therefore concede that nowadays olive-trees are no different than any other trees - since they have re-grown, and are no longer scarce.
(d) By the same token - we will declare someone whose trees are all 'Shafchani' or 'Bishni' subject to Shikchah.
(a) Our Mishnah discusses three rows of olive-trees, assuming that each row is divided by a Milbenah. A Milbenah is - a square (meaning in effect, that there are three rows of three trees, each one equidistant from the other [see Tosfos Anshei Shem]).
(b) The Tana rules that ...
1. ... the middle tree in the middle row - is not subject to Shikchah, because it is sort of hidden by the trees that surround it (see other commentaries of the Mishnah).
2. ... an olive-tree that produces two Sa'ah - is not subject to Shikchah, either (see Perek 6, Mishnah 6).
(c) He also says that a 'Zayis ha'Netufah be'Sha'ato' (which we discussed in the previous Mishnah) is subject to Shikchah - once he has started harvesting it ...
(d) ... but that is provided it does not produce two Sa'ah. If It does, then It is not subject to Shikchah under any circumstances.
(a) According to the Tana Kama, the olives forgotten by the owner on top of the olive-tree become Shikchah - only once the picker moves on after there are no more olives underneath the tree.
(b) Rebbi Meir is more lenient. He says - that they only become Shikchah once the harvester has examined the nooks and crannies in the vicinity of the tree and is satisfied that there are no more olives left there.
(c) The Halachah is - like the Tana Kama.
(a) The Mishnah defines 'Peret' as - the loose grapes that fall during the harvest.
(b) The Tana rules that ...
1. ... grapes that got caught in the leaves of the vine during picking, and fell on to the ground - belong to the owner (because they did fall as a direct result of the picking).
2. ... someone who places his basket underneath the vine to catch falling grapes - is stealing from the poor.
(c) He quotes the Pasuk in Mishlei "Al Taseg Gevul Olim" - which indicates the same thing (even though technically speaking, he has stolen from Hefker rather than from anyone in particular).
(a) The Torah prescribes the Mitzvah of Olelos - in connection with grapes.
(b) The Tana defines Olelos as whatever has neither ...
1. ... 'Katef' - small clusters of grapes coming off the central stem (like shoulders), nor ...
2. ... 'Nataf' - the grapes that hang from the foot of the stem (like drops).
(c) A cluster that ...
1. ... has either one or the other - belongs to the owner.
2. ... one is uncertain whether it is Olelos or not - belongs to the poor.
(d) A branch that contains both full clusters and Olelos belongs to the owner - if when he cuts off the cluster, he inevitably cuts of the Olelos together with it.
(a) Rebbi Yehudah and Rebbi Meir argue over a Gargar Yechidi - which is a cluster of grapes whose grapes all grow off the middle stem, but in a thick bunch (see Tiferes Yisrael).
(b) Rebbi Yehudah defines a 'Gargar Yechidi' as 'Eshkol' (a cluster). He learns this from the Pasuk "ve'Nish'ar bo Olelos ke'Nokef Zayis Shenayim Shelochah Gargerim" - implying that two or three grapes are called 'Olelos', and more, 'Ehskol'.
(c) The Chachamim define it - as Olelos, because they do not consider single grapes (however many) important enough to be considered an Eshkol.
(a) The Tana now discusses 'ha'Madal bi'Gefanim' - which means pruning (the excessive branches).
(b) Rebbi Yehudah permits the owner to do this to whatever pertains to the poor - with reference to Pe'ah and Olelos (just like he does it to his own.
(c) Rebbi Meir - forbids him to prune the sections that belong to the poor ...
(d) ... because he considers the poor to be independent owners (whose property he has no authority to touch - whereas Rebbi Yehudah considers them partners.
(e) The Halachah is - like Rebbi Yehudah.
(a) A 'Kerem Revai' - is the fourth-year fruit of a vineyard, which must be taken to Yerushalayim and eaten there (like Ma'aser Sheni).
(b) We learn from the Pasuk in Kedoshim (in connection with Neta Revai) "Kodesh Hilulim la'Hashem" - that one has the option of redeeming it and taking the money there instead ('Achleih ve'Hadar Achleih').
(c) According to Beis Shamai, the fruit of Kerem Revai is not subject to Chomesh or Biyur. Beis Hillel hold that they are, and they learn it from the 'Gezeirah-Shavah' of "Kodesh Kodesh" from Ma'aser Sheni.
(d) The meaning of ...
1. ... 'Chomesh' is - adding an extra twenty-five percent (twenty percent of the total).
2. ... 'Biyur' is - that if it has not yet been separated and taken to Yerushalayim, it must be cleared out of the house on Erev Pesach of the fourth or the seventh year.
(e) Beis Shamai - do not hold of the 'Gezeirah-Shavah'.
(a) Beis Shamai declare the fruit of Kerem Revai subject to Peret and Olelos - because they consider it to be regular Chulin.
(b) Once the poor have collected it however - they are obligated to redeem the fruit for themselves and to take the money to Yerushalayim (see Tiferes Yisrael).
(c) Based on the same 'Gezeirah-Shavah', Beis Hillel say - that Kerem Revai is Kadosh (like Ma'aser Sheni), and that it is not subject to Peret and Olelos (in which case, the poor receive nothing from it).
(a) According to Rebbi Eliezer, a vineyard that is entirely 'Olelos' belongs to the owner. Rebbi Akiva rules - that it goes to the poor.
(b) Rebbi Eliezer learns his ruling from the Pasuk "ki Sivtzor ... Lo Se'olel" - to mean that it is only if there is a harvest, there are Olelos (but not if there is not).
(c) A harvest - comprises three clusters of grapes each of which can produce a Revi'is (one and a half egg-volumes) of wine.
(a) Rebbi Akiva learns his ruling from the Pasuk in Kedoshim "ve'Charmecha Lo Se'olel" - which implies that even if the entire field consists of Olelos, one must leave it for the poor.
(b) And from "ki Sivtzor ... Lo Se'olel" he learns - that the poor are forbidden to collect Olelos before the harvest has begun.
(c) Rebbi Eliezer learns from "ve'Charmecha Lo Se'olel" - that even though the poor are forbidden to collect Olelos before the harvest has begun (see Tosfos Yom-Tov), the owner is not permitted to collect it, either.
(a) The Tana rules that if someone declares his field Hekdesh before the Olelos are discernable - the poor are no longer permitted to collect there.
(b) Once they are discernable, the Tana Kama rules that (his declaration is invalid, on account of the principle 'Ein Adam Makdish Davar she'Eino she'Lo', and) the Olelos belong to the poor (see Tosfos Yom-Tov). Rebbi Yossi obligates the owner - to pay to Hekdesh the value of the grapes for as long as they continue to grow in the field (see Tosfos Yom-Tov).
(a) The Tana now draws a distinction between 'Shikchah be'Aris' - vines that are growing on a trellis, and Shikchah be'Rigliyos' - that are growing on the ground.
(b) He defines Shikchah ...
1. ... be'Aris as - whatever is out of reach once he has passed the end of the trellis.
2. ... be'Rigliyos as - once he has passed the last vine (even if it is within reach).
(c) The reason for this distinction is based on the fact that one is forbidden to return to the previous row, and each individual vine (that is not on a trellis) is considered an independent row (see Tosfos Yom-Tov and Tiferes Yisrael).