[69a - 31 lines; 69b - 42 lines]

1)[line 8]הלכה כסתם משנהHALACHAH KI'SETAM MISHNAH- Rebbi Yochanan rules that the Halachah follows the opinion in a Mishnah that is recorded anonymously ("Stam")

2)[line 9]כרם רבעיKEREM REVA'I- see Background to previous Daf (68b), entry #7b

3)[line 9]היו מציינין אותוHAYU METZAININ OSO- they would mark it

4)[line 9]בקזוזות אדמהKEZUZOS ADAMAH- clods of earth (mud)

5)[line 11]כי מפרקאKI MIFREKA- when it is redeemed

6)[line 12]ערלהORLAH

(a)In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.

(b)If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

7)[line 12]בחרסיתCHARSIS- a clay shard, piece of pottery

8)[line 14]בסידSID- lime (plaster)

9)[line 14]דחיור כעצמותD'CHIVAR K'ATZAMOS- which is white like bones

10)[line 15]וממחה ושופךMEMACHAH V'SHOFECH- smear [the lime with water] and pour it [around the grave]

11)[line 17]בשביעיתSHEVI'IS

The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.

12)[line 17]בשאר שני שבועB'SHE'AR SHENEI SHAVU'A- the other six years of the seven-year Shemitah cycle, excluding the Shemitah year

13)[line 18]הלעיטהו לרשע וימותHAL'ITEHU L'RASHA V'YAMOS- feed it to the wicked one and let him die (see Insights)

14a)[line 23]כל מקום ששנה רשב''ג במשנתנו הלכה כמותוKOL MAKOM SHE'SHANAH RASHBA''G B'MISHNASEINU, HALACHAH KEMOSO- every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion

b)[line 23]חוץ מערב וצידן וראיה אחרונהCHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon), and Ra'ayah Acharonah (the latter case of proof), as follows:

(a)AREV (Bava Basra 173b-174a): The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above conditions.

(b)TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his wife, "This will be a valid Get (bill of divorce) on condition that you bring to me my robe," and then the robe was lost. According to the Rabanan, the Get is annulled and void. Raban Shimon ben Gamliel maintains that she may give the value of the robe and the Get will be effective.

(c)RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant, after being instructed in Beis Din to prove his case, who says, "I do not have any proof," may not use any proof that he may subsequently find as valid evidence. (Since he already admitted to not having proof, we suspect that the documents that he brings afterwards may be forged.) Raban Shimon ben Gamliel rules that we acknowledge the possibility that he did not know about the evidence for his case at the moment that he said he did not have proof, and he may therefore use the proof he subsequently finds as valid evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben Gamliel with regard to a different case involving proof in which the Halachah does follow his opinion. Hence the latter case is known as "Ra'ayah Acharonah.")

15a)[line 24]הנלקטHA'NILKAT- that (fruit) which was picked

b)[line 24]המתלקטHA'MISLAKET- that (fruit) which will be picked

16)[line 27]לעיתותי ערבL'ITOSEI EREV- towards evening-time

17)[last line]ברירהBEREIRAH

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah does not work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling today an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on what it will take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates "if my Rebbi is presently staying in a village towards the East, I would like the Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept in the future, the sale or divorce is annulled. This situation is not called Bereirah - see Insights to Yoma 56:1.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

69b----------------------------------------69b

18)[line 1]הכותיםKUSIM (KUSIM GEREI ARAYOS HEM / GEREI EMES HEM)

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).

(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.) Our Gemara is referring to a case before they lost their status of full-fledged Jews.

19)[line 2]תרומה / מעשר ראשון / מעשר שניTERUMAH \ MA'ASER RISHON \ MA'ASER SHENI

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth, and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

20)[line 1]ומיחל ושותהMEICHAL V'SHOSEH- (a) he redeems ("Meichal", short for "Mechalel") the Ma'aser Sheni and then he may drink the wine (RASHI); (b) he may begin ("Meichal," short for "Maschil") to drink the wine (RABEINU GERSHOM to Me'ilah 22a)

21)[line 11]האחין שחלקו לקוחות הן ומחזירין זה לזה ביובלHA'ACHIN SHE'CHALKU LEKUCHOS HEN, U'MACHZIRIN ZEH LA'ZEH BA'YOVEL

(a)When a person dies, his estate is divided up among his sons. The Amora'im argue whether the way the estate is ultimately divided can retroactively determine what each brother inherited at the time of the father's death, or not. Rebbi Yochanan is of the opinion that even when the brothers later divide the estate, we cannot determine retroactively that the land each brother now has is the same land he inherited at the time of death. Rather, we say that by dividing up the property, the brothers agree to "trade" their true portions, wherever they are, with each other for portions of equal value elsewhere.

(b)There is a Halachic difference between whether the inheritance is retroactive or not. If the inheritance is retroactive, no purchase or trading has occurred. Therefore, in the year of the Yovel they need not return the land to each other and re-divide the estate. However, if the inheritance is not retroactive and a trade has occurred, when Yovel arrives the brothers must return to each other their portions, after which they re-divide the estate, as if they had purchased their shares from each other.

22)[line 13]סתמא אחרינא אשכחSETAMA ACHARINA ASHKACH- he found another Mishnah recorded anonymously

23)[line 15]"וגונב מבית האיש""V'GUNAV MI'BEIS HA'ISH"- "And they are stolen from the house of the person." (Shemos 22:6)

24)[line 21]מה ביתו ברשותו אף כל ברשותוMAH BEISO BI'RESHUSO, AF KOL BI'RESHUSO- Just like one's house is in his domain, so, too, everything [that he wants to be Makdish] must be in his domain. This teaches that a person may only be Makdish an object under two conditions: (a) It belongs to him, and (b) It is under his control.

25)[line 31]מעשר ממון גבוה הואMA'ASER MAMON GAVO'AH HU (MA'ASER, MAMON HEKDESH HU / MAMON HEDYOT HU)

(a)The Tana'im argue as to whether Ma'aser Sheni (see above, entry #19) produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot (the property of its [mortal] owner (Kidushin 54b).

(b)According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser Sheni is not personal property. The owner is only given custodianship of the produce, along with the right to eat it, drink it, or (in the case of oil) rub with it (Rashi here and Yevamos 73a). According to the Rabanan who rule Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except that the Halachah requires that it be eaten in a specific manner and place (see Background to Sukah 34:15).

26)[line 32]"ואם גאל יגאל איש ממעשרו חמשיתו יוסף עליו""V'IM GA'OL YIG'AL ISH MI'MA'ASRO, CHAMISHISO YOSEIF ALAV"- If a person wants to redeem any of his tithes, he must add a fifth to it." (Vayikra 27:31)

27)[line 34]"קדש הלולים"" ... KODESH HILULIM..."- "[In the fourth year, all of its fruits will be] holy, for praises to HaSh-m." (Vayikra 19:24)

28)[line 39]לקטLEKET

"Leket" refers to individual (one or two) stalks of grain that inadvertently slipped out of the reaper's hand while he harvested them (by cutting them underneath with a sickle) or while he uprooted them (if he is not using a sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem). Such stalks may not be retrieved by the owner but must be left for the poor, as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket... le'Ani vela'Ger Ta'azov Osam" - "Do not pick up the individual stalks that have fallen from the harvest... you shall leave them (the gifts of Pe'ah, Leket, Olelos, and Peret) for the poor and the stranger." If three stalks fall together, they are not considered Leket and may be retrieved by the owner.

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