1)

BIUR OF BRANCHES (Yerushalmi Sheviis Perek 7 Halachah 2 Daf 19b)

îùðä ìåìáé æøãéï åäçøåáé' éù ìäï ùáéòéú åìãîéäï ùáéòéú éù ìäï áéòåø åìãîéäï áéòåø ìåìáé äàìä åäáåèðéí åäàèãéí éù ìäï ùáéòéú åìãîéäï ùáéòéú àéï ìäï áéòåø åìà ìãîéäï áéòåø àáì ìòìéï éù ìäï ùáéòéú îôðé ùäï ðåùøéï îàáéäï

(a)

(Mishnah): Branches of a sorb tree or carob tree - they and their money have the sanctity of Sheviis and Biur must be done to them and their money. Branches of the Elah (terebinth), the pistachio and the whitethorn trees - they and their money have the sanctity of Sheviis but they and their money do not require Biur. However, their leaves have the sanctity of Sheviis because they have fallen from their stem.

äååøã åäëåôø åä÷èó åäìåèí éù ìäï ùáéòéú åìãîéäï ùáéòéú

(b)

The rose, the cyprus, the balsam and the lotus - they and their money have the sanctity of Sheviis.

ø''ù àåîø àéï ì÷èó ùáéòéú ùàéðå ôøé

(c)

(R. Shimon): Balsam doesn't have the sanctity of Sheviis because it is not a fruit.

åøã çãù ùëáùå áùîï éùï éì÷è àú äåøã åéùï áçãù çééá ááéòåø

(d)

New (7th year) rose preserved in old (6th year) oil - he may pick out the rose. Old rose in new oil requires Biur.

çøåáé' çãùéí ùëáùå áééï éùï åéùéðéí áçãù çééá ááéòåø

(e)

New carobs preserved in old wine or old carobs in new wine require Biur.

æä äëìì ëì ùäåà áð''è çééá ìáòø îéï áùàéðå îéðå. åîéï áîéðå ëì ùäåà.

(f)

The general rule is - If two different varieties mixed, if it imparts flavor, it requires Biur. If two of the same variety mixed, any amount requires Biur for the whole mixture.

[ãó ðæ òîåã á (òåæ åäãø)] ùáéòéú àåñøú áë''ù áîéðä åùìà áîéðä áð''è:

(g)

Sheviis produce prohibits with any amount. If it mixed with another variety, it requires Biur if it imparts flavor.

âîøà áøàùä ãôéø÷à àú àîøú àéï àåëìéï òì äòé÷ø åëà àú àîø àåëìéï òì äòé÷ø

(h)

(Gemara) Question: (Comparing the two cases of the Mishnah of branches of a sorb tree and branches of the Elah and the pistachio) - in the first case you said that one may not eat them when the time of Biur comes, even when they are still on the tree; then in the second case you said that Biur doesn't apply (assumedly because since they are still on the tree they will continue to exist and are part of the tree)?

àîø øáé ôéðçñ úîï àéï ñåôï ìä÷ùåú áøí äëà ñåôï ìä÷ùåú îëéåï ùä÷ùå ðòùå ëàáéäï

(i)

Answer (R. Pinchas): There (first case), the branches won't become hard (as they will fall off, so Biur applies); but here (second case) they will become hard (as they will remain on the tree and are part of it).

úðé åëåìï ùðëðñå îùùéú ìùáéòéú ùùéú [ãó ë òîåã à] çåõ îï äòãì îôðé ùäåà ëéø÷

(j)

Baraisa: In all cases of the Mishnah, if they grew in the 6th year and were cut in Sheviis, they are like 6th year produce, aside from the Adel as it's like a vegetable (and follows the year of its picking).

[ãó ðç òîåã à (òåæ åäãø)] øáé àáäå áùí øáé éåçðï ìéú ëàï îùùéú ìùáéòéú ùùéú àìà ùáéòéú

(k)

(R. Abahu citing R. Yochanan): The text of the Baraisa shouldn't say that 'they are like 6th year produce'; it should say that 'they are like 7th year produce'.

åäúðé äñéàä åäàéæåá åä÷åøðñ ùäåáéìå ìçöø àáì àí äéúä ùðéé' ðëðñú ìùìéùéú ùìéùéú îùùéú ìùáéòéú ùùéú

(l)

Question (Baraisa): Siah (savory), Eizov (hyssop) and Kurnus (thyme) (which are usually exempt from Maaser as they are Hefker) that were brought to a person's courtyard (become obligated in Maaser). But if it was the 2nd year going into the 3rd year, it's considered 3rd year produce (and Maaser Ani is given rather than Maaser Sheni). If it was the 6th year going into the 7th year, it's considered 6th year (and it must be tithed).

äëà àú îðé ìçåøéä åëà àú îðé ì÷åîéä

1.

Conclusion of question: This seems contradictory - it just taught that 6th year going into the 7th is considered 6th, but beforehand it taught that 2nd year going into 3rd is considered 3rd year?

àîø øáé éåñé ùìéùéú åùùéú àò''ô ùàéï áäï îò''ù éù áäï îòùøåú ùáéòéú àéï áä îòùø ëìì

(m)

Answer (R. Yosi): Althought the 3rd and 6th years don't require Maaser Sheni, there are other Ma'asros; but Sheviis doesn't require Ma'asros at all.

ìà ëï àîø øáé àáäå áùí øáé éåçðï ìéú ëàï îùùéú ìùáéòéú ùùéú àìà ùáéòéú

(n)

Question: Didn't R. Abahu say (citing R. Yochanan) that the text of the Baraisa shouldn't say that 'they are like 6th year produce'; it should say that 'they are like 7th year produce'...? (He should have said it they are like 6th year produce to obligate them in Maaser Rishon and Maaser Ani.)

[ãó ðç òîåã á (òåæ åäãø)] úîï áøùåú áòìéí áøí äëà áøùåú òðé äï îåèá ìéúï ìéä àçã áåãàé åìà ùðéí áñô÷

(o)

Answer: In Sheviis they are in the possession of the owner; here (in the 3rd) year they are in the possession of the poor -one certain is better than two doubtful. (Sheviis produce is permitted for all, including the poor, so the poor man can certainly come and take it; but 6th year produce is more of a doubt for the poor man, as the owner might choose to give the Maaser Ani to a different poor man.)

òìéï ùëáùå òí ìåìáéï àéú úðéé úðé áéï àìå åáéï àìå éù ìäï áéòåø åàéú úðéé úðé áéï àìå áéï àìå àéï ìäï áéòåø åàéú úðéé úðé òìéï éù ìäï áéòåø ìåìáéï àéï ìäï áéòåø

(p)

(The Mishnah taught that leaves require Biur but branches do not, as they remain attached.) If leaves were pickled with branches (what is the primary item to establish the requirement of Biur) - some taught that they all now require Biur; some taught that neither require Biur and some taught that the leaves require but the branches don't require Biur.

î''ã àéï ìäï áéòåø øáé éäåùò î''ã òìéï éù ìäï áéòåø ìåìáéï àéï ìäï áéòåø øáï âîìéàì

(q)

R. Yehoshua is of the opinion that neither require Biur. Rabban Gamliel is of the opinion that the leaves require but the branches don't require Biur. (The opinions of these two Tannaim appear in a Mishnah in Perek 9 Halachah 4.)