12TH CYCLE DEDICATION

BECHOROS 7 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbi, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbi lived most of his life in the United States where his warm ways changed many lives.

1)

INDICATIONS OF INTENT (Yerushalmi Ma'asros Perek 4 Halachah 2 Daf 19a)

îùðä úéðå÷åú ùèîðå úàðéí ìùáú åùëç ìòùøï ìà éàëìå îåöàé ùáú òã ùéòùøå.

(a)

(Mishnah): If children hid figs in the field to eat on Shabbos and the owner forgot to tithe them, they may not be eaten until they've been tithed after Shabbos.

ëìëìú ùáú áéú ùîàé ôåèøéï åáéú äéìì îçééáéï øáé éäåãä àåîø àó äìå÷è ëìëìä ìùìç ìçáéøå ìà éàëì òã ùéòùø.

(b)

A basket of figs picked for Shabbos - Beis Shammai exempt (and permit snacking on it until Shabbos); Beis Hillel obligate. R. Yehuda says that even if one picks for a basket and sends it to a friend as a gift, he should not snack without tithing.

äðåèì æéúéí îï äîòèï èåáì àçã àçã áîìç åàåëì. àí îìç åðúï ìôðéå çééá.

(c)

One who takes olives from the Ma'atan (vat where the olives are left to soften and warm), he may dip them one at a time and eat, but if he salted several and put them in front of him, they are obligated.

øáé ìéòæø àåîø îï äîòèï äèäåø çééá îï äîòèï äèîà ôèåø îôðé ùäåà îçæéø àú äîåúø.

(d)

(R. Eliezer): If (a Tamei person) took them from a Tahor Ma'atan, they are obligated; if from a Tamei Ma'atan, they are exempt, as he returns the remainder.

ùåúéï òì äâú áéï òì äçîéï áéï òì äöåðï åôèåø ãáøé øáé îàéø

(e)

(R. Meir): One may drink in the winepress whether the contents are hot or cold and he is exempt.

øáé àìòæø áé øáé öãå÷ îçééá.

1.

R. Elazar bei R. Tzadok obligates him.

åçëîéí àåîøéí òì äçîéï çééá åòì äöåðï ôèåø:

(f)

(Chachamim): He is obligated if it is hot and exempt if it is cold.

âîøà øá äîðåðà àîø úéðå÷ ùçéôä ëìëìä ìùå÷ ðèáìä. î÷åí ùîçùáúå ùì âãåì îú÷ééîú ùí îòùéå ùì ÷èï îú÷ééîéï.

(g)

(Gemara) (Rav Hamnuna): (An earlier Mishnah taught (Chulin 127(d)) - Produce usually put in a basket becomes obligated after it's covered. And if it isn't being covered, after he fills the vessel. And if he isn't filling it, after he gathers in everything he wants. When is this? When he's taking it to the market (for sale); but if he's taking it home, he may snack from it until he reaches his home.) If a child covers the basket to take it to the market, it becomes obligated. In a case when the intent of an adult is effective (to make it Tevel when he intends to take it to the market), the actions of a child are effective.

[ãó ìã òîåã á (òåæ åäãø)] øáé æòéøà áòé ëìåí îçùáúå ùì âãåì îú÷ééîú òã ùéôúç ìùå÷ åãëååúä àéï îòùéå ùì ÷èï îú÷ééîéï òã ùéôúç ìùå÷.

(h)

Question (R. Zeira): Surely an adult's intent is ineffective unless he plans to open (the basket) in the market? If so, the actions of the child should only be effective when he actually opens it in the market!

îúðéúà ôìéâà òì (øá äîðåðà)[øáé æòéøà] úéðå÷åú ùèîðå úàéðéí ìùáú åùëçå ìòùøï ìà éàëìå ìîåöàé ùáú òã ùéúòùøå.

(i)

Our Mishnah refutes R. Zeira - 'If children hid figs in the field to eat on Shabbos and the owner forgot to tithe them, they may not be eaten until after Shabbos when they will be tithed.' This shows that a child's picking with intent to eat on Shabbos obligates (even though his actions don't show that he picked them for Shabbos).

ø' æòéøà áùí øá äîðåðà úôúø áùì÷èåí òí ãîãåîé çîä åäåëéç îòùä ùìäï òì îçùáúï.

(j)

Answer (R. Zeira citing Rav Hamnuna): He picked them as the sun was setting at the onset of Shabbos, so his actions showed his intent.

ìéú äãà ôìéâà òì ãø' éåçðï ãø' éåçðï àîø äùáú èåáìú îôðé ùì÷èåí ìùáú äà àí ì÷èåí ùìà ìùáú ìà.

(k)

Question: R. Yochanan said earlier (Chulin 135(c)1.) that Shabbos obligates (even fruits that weren't picked for Shabbos) and here the Mishnah taught that the children had hid them to be eaten on Shabbos - but if they would have picked them for non-Shabbos use, they would not become obligated..?

ø' éåðä áùí (øáä îðåðà)[øá äîðåðà] àôé' ì÷èí ìùáú àåëì îäï òøàé ìòøá ùáú.

(l)

Answer (R. Yona citing Rav Hamnuna): The Mishnah's reference to picking them to be eaten on Shabbos was to teach that even if he picked them for Shabbos, he may snack on them before Shabbos.

[ãó éè òîåã á] àôé' òì ãøáé ùîòåï áï ì÷éù ìéú äéà ôìéâà. åìà úéðå÷åú àéðåï åàôéìå ì÷èí ìùáú ëîé ùì÷èåí ùìà ìùáú.

(m)

Question: Isn't it also a question against R. Shimon ben Lakish (who disagrees earlier with R. Yochanan, saying that Shabbos only obligates fruits that were picked for Shabbos) - our Mishnah taught that if a child picked them for Shabbos, they become obligated. But if a child's intent is not significant, it's as if he picked them for non-Shabbos use?

øáé éåñé áùí øáé äéìà úéôúø ùì÷èåí òí ãîãåîé çîä åäåëéç îòùä ùìäí òì îçùáúï.

(n)

Answer (R. Yosi citing R. Hila): They picked them as the sun was setting, which proved their intent.

[ãó ìä òîåã à (òåæ åäãø)] øáé ìòæø áùí øáé äåùòéä áëìëìä ùì úàðéí äéà îúðéúà.

(o)

(R. Elazar citing R. Hoshiya): (The Mishnah taught that Beis Hillel obligate a basket of figs picked for Shabbos.) It refers to a basket of figs (as putting them in a basket shows that he wants them for Shabbos).

ãáé øáé éðàé àîøé àôé' ðöøä.

(p)

(D'Bei R. Yannai): It applies even to a basket made of (peeled) willow branches.

øáé ìòæø áï àðèéâðåñ áùí øáé ìòæø áé øáé éðàé úôúø áúàéðä äîéåçãú ìùáú

(q)

(R. Elazar ben Antignus citing R. Elazar bei R. Yannai): Beis Hillel obligate because it was a basket designated for Shabbos use.

ãìîà øáé çééà øáé àéîé øáé àéñé äååï éúáéï òáø çã èòéï ëìëìä ãúàéðéí à''ì ìéæáåï à''ì ëìëìú ùáú àéðä îæáðä.

1.

R. Chiya, R. Imi and R. Isi were once sitting together. A man carrying a basket of figs passed in front of them. They asked him to sell it to them. He replied that it's a basket for Shabbos and it's not for sale.

øáé çééà áùí øáé éåçðï ìà àîø øáé éåãà àìà áëìëìú ùáú.

(r)

(R. Chiya citing R. Yochanan): (In the Mishnah, R. Yehuda said that even if one picks for a basket and sends it to a friend as a gift, he should not snack without tithing.) R. Yehuda was only speaking about a basket for Shabbos (as it is established for Maaser).

àé àîø øáé éäåãä áìé÷è ëìëìä ìùìçä ìçáéøå ùäåà î÷ôéã òìéä ëëìëìú ùáú.

1.

Alternatively, R. Yehuda says that since he is particular about a basket he sends as a gift, it is like a basket for Shabbos (and establishes an obligation).

ìéú äãà ôìéâà òì øá ãøá àîø äåà àñåø ìåëì.

(s)

Question: (The Mishnah taught that one who takes olives from the Ma'atan (vat) may dip them one at a time and eat, but if he salted several and put them in front of him, they are obligated.) (Since the Ma'atan is usually kept in the house or courtyard,) doesn't the Mishnah refute Rav, who said that (if produce was brought through the house or courtyard, even if it is not complete, it becomes obligated and) one may not snack from it?

ôúø ìä áòåùä îòèï áùãä

(t)

Answer: He had the Ma'atan in his field.

å÷ùéà àí îìç èåáìú ìîä ìé öéøåó åàí öéøåó ìîä ìé îìç

(u)

Question: If salting obligates, why must he put several down in front of him and if several combine to obligate, why did he need to salt it?

àìà òì éãé æä åòì éãé æä.

(v)

Answer: Both of these together obligate.

[ãó ìä òîåã á (òåæ åäãø)] îä ðï ÷ééîéï àí (á)[ë]ùéù ùðé îòèðéï ãáøé äëì (àñåø)[îåúø] àí ëùàéï ìå àìà îòèï àçã ãáøé äëì (îåúø)[àñåø].

1.

What's the case? If there are two Ma'atans, all agree that it's permitted. If there's only one Ma'atan, all agree that it's prohibited.

àìà ëé ðï ÷ééîéï ëùéù ìå îòèï èäåø åìçáéøå îòèï èîà.

2.

Rather, there's one Tahor Ma'atan and one Tamei Ma'atan.

àîø øáé ìéòæø [àéï] àãí îçæéø òì îòèï ùì çáéøå

(w)

(R. Elazar): A person doesn't return the remainder to another person's Ma'atan.

åøáðéï àîøé (àéï) àãí îçæéø ìîòèï ùì çáéøå.

1.

(Rabbanan): A person does return it to another person's Ma'atan.

àîø øáé éåçðï òì äçîéï çééá ùäåà ÷áò òì äöåðéï ôèåø ùäåà òøàé éëåì äåà îçæøúéä

(x)

(R. Yochanan): (The Mishnah taught that the Chachamim say that he is obligated if it is hot and exempt if it is cold.) He's obligated if it's hot - since he cannot return the remainder (as it ruins the wine in the vat), it's considered fixed. However, he could return cold wine, so it's still considered snacking.

ãàîø øáé éåñé áùí øáé æòéøà øáé éåðä åøáé æòéøà áùí øáé ìòæø àó áîä ùáìâéï ìà ðèáì îôðé ùäåà òúéã ìäçæéøå áãáø ùìà ðâîøä îìàëúå:

1.

Support (R. Yosi citing R. Zeira/ R. Yona/ R. Zeira citing R. Elazar): (See earlier Chulin 129(l)) even what is in the jug is not Tevel, as he will later return the wine into something that is not yet completed.