Why does the Torah insert the word "Asher Nata Kerem"?
Sotah, 43a-b: To incorporate in the current Halachah someone who a. grafted 1 or transplanted the branch of a vine; b. purchased, inherited or received a vineyard as a gift; 2 c. planted five vines or any other fruit-trees. 3
Sotah (Ibid.): Though not if he grafted it be'Isur (Kil'ayim) as implied by the word "ve'Lo Chil'lo" - See Torah Temimah, notes 24 & 29).
See Torah Temimah, notes 25.
Sotah (Ibid.): But not four fruit-trees - which are not called a vineyard, or five non-fruiit bearing trees - See Torah Temimah, note 27 who queries why this D'rashah is necessary..
"u'Mi ha'Ish asher Nata Kerem". What is the definition of "Kerem"?
Sotah 43b: Five vines (or any other fruit-trees - which are included in "Kerem" - to preclude four fruit-trees and five non-fruiit bearing trees. 1
See Torah Temimah, note 27 who queries why this D'rashah is necessary..
What if a soldier owns a vineyard together with a partner?
Sotah, 43b: He does not return from the battle-front, since the vine-yard is not exclusively his. 1
See Torah Temimah, note 28, who dicussess wether the same applies to a house that is owned by two partners.
What are the connotations of " ? asher Nata Kerem ve'Lo Chil'lo"?
Rashi and Targum Yonasan: It means that he did not redeem the fruit in the fourth year - Kerem R'vai (from a Kohen 1 - Targum Yonasan) and take it, or the money with which he redeemed it, to Yerushalayim and eat it (or food purchased with the redemption-money) there.
Ramban #1: It means that he did not redeem the fruit of his vineyard with dancing and Chalilim (flutes) - as was customary in those days, or with Hilulim (songs of praise). 2
Ramban #2: It means that he did not make the fruit Chulin - by redeeming it.
Sotah 43b: "ve'Lo Chil'lo" precludes if the owner grafted or re-planted (Mavrich or Markiv) the fruit be'Isur - who is no subject to "Yeilech ve'Yashov le'Veiso".
Yerushalmi Sotah 5:4: It implies that the current Halachah does not apply apply to someone who planted a vineyard in Chutz la'Aretz, since it is not a Mitzvah to redeem its fruit.
Targum Yonasan: See Na'ar Yonasan in Kedoshim in Vayikra, 19:24 who elaborates.
Ramban: "Kodesh Hilulim", as the Torah writes The Torah writes in Vayikra, 19:24 - and the letters 'Hey' and 'Ches' are interchangeable.
