1)

WHO IS A MERCHANT? (Yerushalmi Perek 2 Halachah 1 Daf 8a)

àéæäå äúâø ëì ùäáéà åùðä åùéìù

(a)

Who is considered a 'merchant' (whose produce is considered Demai)? One who has sold produce three times (the large quantity shows that he is selling another person's produce).

øáé éåðä áòé äáéà â' îùåàéï ëàçú àéï æä úâø. æä àçø æä äøé æä úâø øáé éåðä áòé ìîôøò äåà ðòùä úâø àå îëàï åìäáà

(b)

Question (R. Yona): It is obvious that merely bringing three piles of produce at the same time does not identify a merchant, but three consecutive times does identify a merchant. But when does he actually receive the status of a merchant - does it take effect retroactively back to the first time he brought, or only from when he brought three times?

îä ðô÷ îáéðéäåï áà (å)[ì]äú÷éï àéï úéîø îëàï åìäáà îòùø îæä òì æä.

(c)

What is the difference? Whether a buyer needs to tithe the produce from the first two times.

øáé îðà áòé äåà åáðå åôåòìå îäå ùéöèøôå ìâ' îùåàåú ëàçú.

(d)

Question (R. Mana): If the three times were each brought by him, his son and his worker, do they combine to create the three times required? (The Gemara leaves the question unanswered.)

øáé éåðä áòé ñôéðä äáàä îøåîé ëîä îéðéï éù áä àú øåàä àåúä ëàìå àçú

(e)

Question (R. Yona): If a boat arrived from Rome, it is carrying several types of produce. Do you view them all as one or as several? (This question also remains unresolved.)

äôéøåú ìà äéìëå áäï ìà àçø äøéç åìà àçø äîøàä åìà àçø äèòí åìà àçø äãîéí àìà àçø äøåá

(f)

Concerning fruits of unknown status, we do not follow their smell, nor their appearance, nor their taste, nor their price; rather we follow the majority. (If the majority of them come from Chutz LaAretz, it is exempt from Demai; if the majority comes from Eretz Yisrael, it is obligated in Demai.)

øáé éò÷á áø àçà áùí øáé éåçðï àí äéä ééï ëâåï ééï çãù åééï éùï äìëå áå àçø äèòí

(g)

(R. Yaakov bar Acha citing R. Yochanan): If he had different wines, such as new wine from Eretz Yisrael and old wine from Chutz LaAretz, we must follow the flavor. (If it tastes like old, it is exempt; if it tastes like new, it is obligated.)

à"ø îðà àæìéú ì÷éñøéï åçîéúåï ðäéâéï áäãà ãáéìúà ùåøéé. ùàìéú ìøáé éöç÷ á"ø àìéòæø åàîø ìé ëê ðäâ æåâà ùåøéé.

(h)

(R. Mana): I once went to Kisarin and saw that they were treating pressed figs as exempt (since in Kisarin, they were from Chutz LaAretz). I asked R. Yitzchak b'R. Eliezer about them and he said that this was the custom of (the great Sage) Zuga.

øáé éöç÷ á"ø àìéòæø áùí æåâà ã÷éñøéï ëì ãçîé îéà ùåøéé. [ãó èæ òîåã à (òåæ åäãø)] àéú ãáòé îéîø òì îâãì îéìçà. åàéú ãáòé îéîø òã îòøú èìéîåï:

(i)

(R. Yitzchak b'R. Eliezer in the name of Zuga of Kisarin): (Not only are they exempt in Kisarin, but even in the towns in its close proximity) as long as the sea is visible from there. Some say that means until Migdal Milcha and some say it means until Maaras Talimon.

àîø øáé àáà îøé îéìéäåï ãøáðï àîøé (ëì)[ëï] äîéðéï àñåøéï á÷éñøéï äçéèéí äôú åäééï åäùîï åäúîøéí äàåøæ åäëîåï åìà ôøùéðï ãáéìä

(j)

(R. Abba Mari): This can also be understood from the words of the Rabbis, who said - 'the types that are prohibited in Kisarin (without tithing) are wheat, bread, wine, oil, dates, rice, and cumin' - but pressed figs were not mentioned.

áâéï ãúðéúà.

(k)

Rebuttal: It wasn't mentioned because it was already listed in the Mishnah as obligated.

åäà úðéðï àåøæ åëîåï åôøùúðåï

(l)

Question: So why were rice and cumin mentioned (if they appear in the Mishnah)?

äåé ùééøéä äéà

(m)

Answer: Rather, pressed figs wasn't mentioned because it is exempt.

2)

THE PRODUCE OF KISARIN (Yerushalmi Perek 2 Halachah 1 Daf 8a)

äøé àìå áùáéòéú äéúø áùàø ùðé ùáåò ãîàé.

(a)

Produce of Kisarin (which is in an area that was not reconquered at the time of the building of the 2nd Temple, so that although technically, it did not then have sanctity of Eretz Yisrael, the Rabbis required that for land belonging to Jews, the laws of Maaseros and Sheviis apply. Nevertheless, they said that the vegetables found in Kisarin in Sheviis) are permitted (and there is no prohibition of Sefichin (if produce grows naturally); and in other years, they are tithed as Demai.

äøé àìå áùáéòéú äéúø åéäéå áùáéòéú ùáéòéú.

(b)

Question: Why are they permitted in Sheviis - they should be considered Sheviis produce?!

ùáéòéú éùøàì îùîèéï åòëå"í ôèåø åéùøàì åòëå"í øáéí òì ëåúééí.

(c)

Answer: Jews are not suspected of planting in Sheviis, and produce of a gentile is exempt. (But if you are concerned that they come from the Kusim (who were considered Jews but they didn't observe Shemittah); the Jews (from the 6th year) and gentiles are the majority that override the minority of Kusim.

áùàø ùðé ùáåò ãîàé ãéäåãàé éùøàì îú÷ðéï åòëå"í ôèåøéï éùøàì (åòëå"í)[åëåúééí] øáéí òì (ëåúééí)[òëå"í].

(d)

However, in other years (of the Shemittah cycle), Demai is separated - the reliable Jews tithe (although the minority are Amei HaAretz who don't) and the gentiles are not obligated; so the Jews and the Kusim (who are all obligated) combine to make a majority over the gentiles. (However, as for the obligation of definite Tevel, the Jews and the gentiles are the majority over the Kusim - as most Jews tithe and gentiles are exempt; so there is no definite obligation, only Demai.)

[ãó èæ òîåã á (òåæ åäãø)] òã äéëï ôåðã÷à ãòîåãà ôåðã÷à ãèéáúà òã ëôø ñáà.

(e)

Question: Until where are the limits of the city of Kisarin? Until Pundaka D'Amuda. Until where is Pundaka D'Tivta? Until Kfar Saba.

åöéøï åãàé á÷éñøéï.

(f)

Tziran (a type of vegetable) should be tithed as definite Tevel in Kisarin as it certainly comes from Jews in Eretz Yisrael.

ëåìëñéï äðîëøéï á÷éñøéï äøé àìå àñåøéí îôðé ùøåáï áàéï îäø äîìê.

(g)

Kilkasin that is sold in Kisarin is prohibited to eat without tithing, because most of it comes from Har HaMelech (in Eretz Yisrael).

øáé çééà áø àáà àîø áìáðéï

(h)

(R. Chiya bar Abba): Only white ones grow there.

åøáðï ã÷éñøéï àîøé áàãåîéï

(i)

(Rabbanan of Kisarin): Only red ones grow there.

øáé æòéøà øáé çééà áùí øáé éåçðï øáé äúéø áéú ùàï

(j)

(R. Zeira/ R. Chiya citing R. Yochanan): Rebbi permitted produce from Beis Shean without tithing and permitted working the land there in Sheviis.

îôé éäåùò áï æøéæ áï çîéå ùì ø' îàéø ùàîø àðé øàéúé àú øáé îàéø ìå÷ç éø÷ îï äâéðä áùáéòéú åäúéø àú ëåìä.

1.

He learned this from the mouth of Yehoshua ben Zariz, son of the father-in-law of R. Meir, who said, "I saw R. Meir take a vegetable from the garden in Sheviis) and he was not concerned for the prohibition of Sefichin (produce that grows naturally in Sheviis)" - and based on this, Rebbi permitted all of Beis Shean.

à"ø æòéøà äãà àîøä àñåø ìáø ðù ìîéòáã îìä áöéáåøà. àðé àåîø àåúä äâéðä äéúä îéåçãú ìå ãäúéø àú ëåìä.

(k)

(R. Zeira): This teaches that it is prohibited for an important person to act leniently, as the onlookers might wrongly apply it elsewhere. (Otherwise, how could Rebbi have learned this from the actions of R. Meir - maybe R. Meir had a specific reason why he permitted eating from there!)

øáé äúéø áéú ùàï øáé äúéø ÷éñøéï øáé äúéø áéú âåáøéï øáé äúéø ëôø öîç øáé äúéø ìé÷ç éø÷ áîåöàé ùáéòéú åäéå äëì îìéæéï òìéå

(l)

Rebbi permitted (without tithing, the produce from) Beis Shean, Kisarin, Beis Guvrin, Kfar Tzemach. Rebbi permitted buying vegetables on Motzei Sheviis and everyone mocked him (for permitting that which had been previously prohibited).+

àîø ìäå áàå åðéãééï ëúéá åëéúú ðçù äðçåùú åëé ìà òîã öãé÷ îîùä òã çæ÷éäå ìäòáéøå àìà àåúä òèøä äðéç ìå ä÷á"ä ìäúòèø áä åàðå äòèøä äæàú äðéç ä÷á"ä ìðå ìäúòèø áä

(m)

(Rebbi): Let's expound it - the pasuk states (Melachim II 18:4), "and [Chizkiyahu] crushed the copper serpent (that Moshe had made)". But there was no-one righteous before him who did this; so how could he do it? Hash-m left him the merit of doing this; so too here, Hash-m gave us the merit of allowing these vegetables.