1)

BEING KOVE'A FOR MA'ASER

(a)

(R. Yanai): There is no obligation to tithe Peros unless they entered through the door of the house - "Bi'arti ha'Kodesh Min ha'Bayis";

(b)

(R. Yochanan): Even entering a Chatzer is Kove'a Peros for Ma'aser (forbids eating them casually before tithing) - "v'Achlu vi'Sh'arecha"

(c)

Question: What does R. Yochanan learn from "Min ha'Bayis"?

(d)

Answer: It teaches that a Chatzer is Kove'a only if it resembles a house, i.e. it is guarded.

(e)

Question: What does R. Yanai learn from "vi'Sh'arecha"?

(f)

Answer: It teaches that a house is Kove'a only if it entered through the gate (the normal entrance), to exclude if it entered through the roof or Karfef (storage area).

(g)

Question (against both - Rav Chanina Chuza'ah - Beraisa): "K'Nafshecha" - a worker is like the landowner. Just like the owner may eat without tithing, also a worker.

1.

Inference: A buyer must tithe before eating. (A sale is Kove'a, like final processing.)

2.

Suggestion: This applies even in the field! (Rashi - final processing is Kove'a no less than a sale; Tosfos - the Amora'im said Stam that Peros are exempt until they enter the house or Chatzer, i.e. even if one bought them.)

(h)

Answer (Rav Papa): No. The case is, a fig tree is in a garden, and the foliage extends into a Chatzer (or according to R. Yanai, into a house).

(i)

Question: If so, also the owner must tithe before eating!

(j)

Answer: No. The owner's primary concern is the tree itself. Since the tree is in the garden, the fruit is Kavu'a only when all of it is brought inside;

1.

The buyer cares only about what he bought. Since that is in the Chatzer (or house), it is Kavu'a.

(k)

Question: Mid'Oraisa, one need not tithe bought Peros!

1.

(Beraisa): The stores of Beis Hino were destroyed three years before Yerushalayim because they stuck to Torah law (and neglected a Rabbinical enactment).

88b----------------------------------------88b

2.

"Aser... V'Achalta (you must tithe what you will eat)", but not what you sell;

3.

"(Tithe) Tevu'as Zar'echa (what you grew)", but not what you buy.

(l)

Answer: Indeed, a sale is Kove'a the Peros mid'Rabanan. Mid'Oraisa, it is exempt.

1.

Question: (If a buyer is exempt, also a worker is.) What does "k'Nafshecha" teach?

2.

Answer (Beraisa): "K'Nafshecha" - just like if one muzzles himself he is exempt (from lashes), also if he muzzles a worker.

(m)

Question (Mar Zutra - Mishnah): The final processing for Ma'aser for gourds and pumpkins is from when Yifkesu.

1.

(R. Asi): This is when the flower falls off the top.

2.

Suggestion: This is even in the field!

(n)

Answer: No, it is in the house.

(o)

Question: If so (the Chidush is, that it is exempt until then), it should not say 'from when Yifkesu', rather, 'not until Yifkesu'!

(p)

Answer: That would connote until all the flowers fall off. 'From when Yifkesu' connotes once they start to fall off.

(q)

Question (Mar Zutra brei d'Rav Nachman - Beraisa): After final processing of Tevel (untithed Peros), one who eats it is liable. The final processing is Hachnasah.

1.

Suggestion: Hachnasah means gathering it, even in the field.

(r)

Answer #1: No, it is bringing it into the house.

(s)

Answer #2: R. Yanai said that entering the house is Kove'a only for grapes and olives (which one plans to eat. He does not pile them up in the field.) For grain (which one piles up in the field), the Torah explicitly says ("ka'Dagan Min ha'Goren" - Bamidbar 18:27) that it becomes Kavu'a there!

2)

EATING DETACHED PEROS

(a)

We have learned that a person eats attached Peros, and ("Lo Sachsom Shor b'Disho" teaches) that an animal eats detached Peros (when they work);

(b)

Question: What is the source that a person eats detached Peros?

(c)

Answer #1: A Kal va'Chomer teaches this.

1.

No verse permits an ox to eat attached Peros, yet the Torah permits it to eat detached Peros. The Torah explicitly permits man to eat attached Peros, all the more so he may eat detached!

(d)

Objection: We cannot learn from an ox, for one may not muzzle it!

(e)

Suggestion: A Kal va'Chomer teaches that it is also forbidden to muzzle man!

1.

There is no Mitzvah to help animals survive, yet one may not muzzle them. We are commanded about man "v'Chei Achicha Imach", all the more so one may not muzzle him!

(f)

Rejection: "K'Nafshecha" - (the law of) a worker is like the owner himself;

1.

Just like if one muzzles himself he is exempt, also if he muzzles a worker.

(g)

Question (b) remains. What is the source that a person may eat detached Peros?

(h)

Answer #2: It says "Kamah" twice. Only one is needed to permit man to eat attached Peros, so the other is used to permit detached.

(i)

Answer #3 (R. Ami): We do not need an extra verse for this. "B'Cherem Re'echa" includes when he was hired to carry detached grapes!

3)

ANIMALS EAT ATTACHED PEROS

(a)

Question: What is the source that an animal eats attached Peros?

(b)

Answer #1: A Kal va'Chomer teaches this.

1.

No verse permits man to eat detached Peros, yet the Torah permits him to eats attached. The Torah commands us to let an ox eat attached Peros, all the more so it eats detached!

(c)

Objection: We cannot learn from man, for we are commanded to help him survive!

(d)

Suggestion: A Kal va'Chomer teaches that we are commanded to help animals survive!

1.

One may muzzle man, yet we are commanded to help him survive. One may not muzzle animals, all the more so we are commanded to help them survive!

(e)

Rejection: "V'Chei Achicha Imach" - we are commanded to help man survive, not animals.

(f)

Question (a) remains. What is the source that an animal eats attached Peros?

(g)

Answer #2: It says "Re'echa" twice. Only one is needed to teach that man eats attached Peros, the other is used to teach that animals eat attached Peros.

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