ERCHIN 4 (17 Sivan) - Today's Dafyomi study is dedicated to the memory of Moshe Grun (Moshe Shlomo ben Michael Z"L), by his good friends in Los Angeles, New York, and Jerusalem.

1)

A DECLARATION OF HEFKER TO SAVE THE SWINDLERS (Yerushalmi Maaser Sheni Perek 5 Halachah 1 Daf 29a)

[ãó ëè òîåã à] åéöééï

(a)

Question: (The Mishnah taught that (in those other years) the meticulous people would put down money and say, "Any produce gathered from here should be redeemed onto this money".) Why not just label it (without the need to put down money)?

àí îöåééï äåà äéàê ð÷øà äåà öðåò.

(b)

Answer: They were acting beyond the letter of the law, to save even the willful sinners from eating it.

àîø øáé éåçðï àúéà ãøáé ùîòåï áï âîìéàì ëîàï ãàîø ìòéúåúé òøá.

(c)

(R. Yochanan): Rabban Shimon ben Gamliel follows the opinion that they put down money and make their declaration at the end of the day.

ãúðé øáé ãåñà àåîø ëì îä ùéì÷èå äòðééí áéï äòåîøéí äá÷ø äøé äåà äá÷ø.

1.

Proof (Tosefta) (R. Dosa): A field owner should declare each morning that anything gathered by the poor unlawfully should be Hefker. (This thereby exempts those crops from Maaser. He is relying on the concept of Bereirah (retroactive selection) - that whatever they eventually take unlawfully will be Hefker in advance.)

øáé éåãä àåîø ìòéúåúé òøá.

i.

(R. Yehuda): He declares it towards the end of the day.

åçëîéí àåîøéí àéï äá÷ø àðñéï äá÷ø ùàéï àðå àçøàéï ìøîàéï.

ii.

(Chachamim): Hekfer because of thieves is not Hekfer, as we are not responsible for swindlers.

áøí ëî"ã áùçøéú ìà àúéà åéù àãí (îá÷ø)[ôåãä] áîçåáø ì÷ø÷ò.

(d)

The opinion (R. Dosa) that he declares in the morning cannot fit with our Mishnah, as the meticulous people must redeem it after it is collected, since a person cannot redeem something attached to the ground...?

àîø øáé éøîéä àôéìå ëîàï ãàîø áùçøéú àúéà äåà. åìàå øáï ùîòåï áï âîìéàì äéà. [ãó îç òîåã à (òåæ åäãø)] åòåã (äåà)[äà] àéú ìéä îùéëúå ùì îòùø ùðé äåà ôãéåðå.

(e)

Rebuttal (R. Yirmiyah): It could even be according to R. Dosa. Wasn't that law taught by Rabban Shimon ben Gamliel, who holds that (rather than when the money is paid), it's the taking of the Maaser Sheni that effects the redemption (which only takes place later on, when they actually collect the produce from the ground).

àîø øáé éåñé åäééðå å÷í ìå. àìå øàä ëëø îúâìâì áðäø åàîø ëëø æä ä÷ãù ùîà ëìåí àîø.

(f)

Question (R. Yosi against R. Yirmiyah): Does this fulfill the pasuk 'and he will redeem his field'? (Can the redemption take effect when the produce is already in the possession of the thieves?) If a person saw a Hefker loaf floating down the river and he declared it to be Hekdesh, has he said anything?

àîø øáé éøîéä òã ãàú î÷ùé ìé [ìî"ã] áùçøéú ÷ùééúä [ìî"ã] ìòéúåúé òøá.

(g)

Rebuttal (R. Yirmiyah): Before you question me according to the one who said that he declares in the morning, ask on the one who says to declare towards evening?! (The produce is certainly no longer in his possession at that point!)

àîø ìéä îàï ãàéú ìéä ìòúåúé òøá ìéú ìéä ìàéìéï ÷ùééúà:

(h)

(R. Yosi to R. Yirmiyah): That opinion (that he declares towards evening) clearly wasn't troubled by these questions (as he must reason that a person may redeem property not in his possession).