1)

ENTERING ERETZ YISRAEL

(a)

Question: According to the opinion that "Moshav" connotes 'wherever you dwell', we understand "they (Yisrael, who entered Eretz Yisrael with Yehoshua) ate from the Peros of the land on the day after Pesach";

1.

Since Chadash applied right away, they could eat only after bringing the Omer on the second day of Pesach.

2.

According to the opinion that "Moshav" connotes after inheriting and apportioning, they should have eaten right after entering!

(b)

Answer: There was no need to eat the land's Peros until the manna ceased.

1.

"Bnei Yisrael ate manna 40 years, until they came to a settled land."

2.

Contradiction: "They ate until they came to the border of Eretz Kena'an."

3.

Resolution: Moshe died on Adar 7, and the manna ceased to fall. What they gathered into their Kelim lasted until Nisan 16.

(c)

(Beraisa) Question: Why does it say "Bnei Yisrael ate manna 40 years"? It was one month less than this! (It first fell on Iyar 16.)

(d)

Answer: The doughs that they took with them from Mitzrayim (which lasted from Nisan 15 until Iyar 15) had the taste of manna.

(e)

(Beraisa): Moshe was born and died on Adar 7.

(f)

Question: What is the source that he died that day?

(g)

Answer: "Bnei Yisrael cried over Moshe for 30 days." After this, it says "in three more days you will cross..." and "they alighted from the Jordan River on Nisan 10."

1.

Adar 7 is 33 days before Nisan 10.

(h)

Question: What is the source he was born that day?

(i)

Answer - Question: Why does it say "I am 120 years old today"?

1.

Answer: This teaches that Hash-m fulfills the years of Tzadikim to the day and month - "the number of your days I will fulfill."

2)

MITZVOS DEPENDENT ON LAND THAT APPLY IN CHUTZ LA'ARETZ

(a)

(Beraisa - R. Shimon): When Yisrael entered Eretz Yisrael, they were commanded three Mitzvos that apply also in Chutz La'Aretz (Chadash, Orlah and Kil'ei ha'Kerem, i.e. forbidden crossbreed in a vineyard. "Moshav" teaches that Chadash applies in Chutz La'Aretz. A Kal va'Chomer teaches that the others do, also.)

1.

Chadash is not a permanent Isur (it never extends past Nisan 16), it does not forbid benefit (only eating), the Isur can be lifted (on Nisan 16, when the Omer is brought), yet it applies even in Chutz La'Aretz;

2.

Kilayim is a permanent Isur, it forbids benefit, and the Isur cannot be lifted. All the more so, it applies even in Chutz La'Aretz!

i.

Two of these stringencies (Rashi - it forbids benefit and the Isur cannot be lifted; Tosfos - it is a permanent Isur and it forbids benefit) apply to Orlah, so the Kal va'Chomer applies to Orlah, too.

(b)

R. Elazar b'Rebbi Shimon says, every Mitzvah that Yisrael were commanded before entering the land applies in Chutz La'Aretz as well. Every Mitzvah they were commanded after entering the land applies only in Eretz Yisrael, except for Shemitah of money and sending slaves free.

38b----------------------------------------38b

1.

Even though they were commanded these two after entering, they apply also in Chutz La'Aretz.

(c)

Question: Shemitah of money does not depend on the land! (Rashi - so Yisrael were commanded before we entered the land; Tosfos - therefore, surely it applies in Chutz La'Aretz as well!)

(d)

Answer: One might have thought it applies only in Eretz Yisrael because it is equated to Shemitah of land (Rashi - the Isur to work the land; Tosfos - returning sold land to the original owner, in Yovel).

1.

(Beraisa - Rebbi): "Shemitah... Shemot" discusses two Shemitos, of money and land. Shemitah of money applies only when Shemitah of land applies.

2.

Suggestion: Perhaps Shemitah of money applies only where Shemitah of land applies (in Eretz Yisrael)!

3.

Rejection: "You will declare Shemitah to Hash-m" - everywhere.

(e)

Question: Freedom of slaves does not depend on the land. Why did the Beraisa need to teach that it applies in Chutz La'Aretz?

(f)

Answer: Since it says "you will declare freedom in the land", one might have thought it applies only in Eretz Yisrael;

1.

"It is Yovel" teaches that freedom applies everywhere.

2.

Question: If so, why does it say "you will declare freedom in the land"?

3.

Answer: Freedom applies in Chutz La'Aretz only when it applies in Eretz Yisrael (but not when Yisrael were in the Midbar, or after they were exiled).

3)

ORLAH AND KILAYIM OF CHUTZ LA'ARETZ

(a)

(Mishnah): Chadash is forbidden mid'Oraisa even in Chutz La'Aretz. A Halachah forbids Orlah (in Chutz La'Aretz). Kilayim is forbidden mid'Rabanan.

(b)

Question: What kind of Halachah forbids Orlah?

(c)

Answer #1 (Rav Yehudah): It is Hilchos (ways) of the land. (Yisre'elim adopted the practice, and it became obligatory.)

(d)

Answer #2 (Ula): It is a Halachah that Moshe received on Sinai (it is not written in the Torah).

(e)

Ula: According to me, we understand why Safek Orlah is unlike Safek Kilayim (in Chutz La'Aretz, for Orlah is mid'Oraisa, but Kilayim is not);

1.

(Mishnah): Safek Orlah in Eretz Yisrael is forbidden. In Surya (lands that David conquered and annexed to Yisrael) it is permitted (if it was already picked). In Chutz La'Aretz, one may even descend and buy [from a seller who picks from an orchard with Orlah and permitted trees], as long he does not see him pick [Orlah].

2.

If vegetables are sold outside a vineyard in which vegetables are growing (what grows there is forbidden), in Eretz Yisrael, one may not buy them. In Surya one may buy (perhaps the vegetables are from elsewhere). In Chutz La'Aretz, one may buy Vadai (definite) Kilayim, as long as he does not pick it himself.

(f)

Question (Ula): According to Rav Yehudah, both are mid'Rabanan. Why are the laws different?

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