brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
|KIDUSHIN 37 - Dedicated by friends of Rabbi Mordecai Kornfeld in honor of the birth of his daughter Shirah, and on the occasion of the marriage of his daughter Malkie to Shmuel Moshe Peters on the evening of 16 Cheshvan.|
A Mitzvah that is a Chovas ha'Guf applies both in Eretz Yisrael and in Chutz la'Aretz.
A Mitzvah that is a Chovas Karka applies only in Eretz Yisrael. (1)
The Tana Kama holds that Orlah and Kilayim apply even in Chutz la'Aretz even though they are Chovas Karka.
R. Eliezer holds that Chadash also applies in Chutz la'Aretz even though it is Chovas Karka.
R. Yishmael holds that anytime the Torah states Bi'ah and Moshav the Mitzvah only applies after Yerushah v'Yeshivah. (2)
R. Akiva holds that anytime the Torah states Bi'ah and Moshav it is teaching us that the Mitzvah applies in all Moshavos. (3)
R. Yishmael holds that individuals who brought Korbanos in the Midbar did not bring Nesachim, while R. Akiva argues. (4)
The Tana D'Vei R. Yishmael states that anytime the Torah states Bi'ah the Mitzvah only applies after Yerushah v'Yeshivah. (5)
The Mitzvah of appointing a King and the Mitzvah of Bikurim only apply after Yerushah v'Yeshivah.
The Mitzvah of Chalah applies immediately upon entry into Eretz Yisrael.
We may not learn something out from two Pesukim that both teach the same Din.
In the merit of the Mitzvos of Tefilin and Peter Chamor Klal Yisrael entered Eretz Yisrael.
A BIT MORE
1. Any Mitzvah that is a Chov on the ground or on what grows from the ground such as Terumah, Ma'aser, Chalah, Leket Shichechah Pe'ah, Shevi'is Chadash is Chayav only in Eretz Yisrael.
2. The Mitzvah of Nesachim for a Korban Yachid and the Mitzvah of Chadash did not apply for the first 14 years that Klal Yisrael was in Eretz Yisrael while they were still in Gilgal and were occupied with the capture and division of the land. R. Yishmael holds that the Mitzvah of Nesachim only applies on a Bamas Tzibur, not on a Bamas Yachid, therefore when the Torah states Moshav in the Parshah of Nesachim it does not mean in all Moshavos because the Bamos Tzibur is only in one place. Instead Moshav is teaching us that the Mitzvah of Nesachim for a Korban Yachid on a Bamas Tzibur is only after Yerushah and Yeshivah.
3. R. Akiva holds that that the Mitzvah of Nesachim applies even on a Bamas Yachid and therefore when the Torah states Moshav in the Parshah of Nesachim it mean in all Moshavos as a Bamas Yachid may be built anywhere in Eretz Yisrael
4. According to R. Yishmael since Nesachim were not brought for Korbanos Yachid in the Midbar when the Torah states Bi'ah and Moshav in the Parshah of Nesachim it is teaching us that it is only after Yerushah v'Yeshivah that Korbanos Yachid require Nesachim on Bamos Tzibur in Eretz Yisrael, however according to R. Akiva Korbanos Yachid required Nesachim even in the Midbar and therefore when the Torah states Bi'ah and Moshav it is teaching us that Nesachim are brought even on a Bamas Yachid in any place that they are built.
5. The Tana D'Vei R. Yishmael is at variance with the statement of R. Yishmael that when the Torah states Bi'ah and Moshav it applies only after Yerushah v'Yeshivah, according to the Tana D'Vei R. Yishmael even if the Torah only states Bi'ah the Mitzvah only applies after Yerushah v'Yeshivah.
KIBUSH AND KIDUSH
The Rambam states in Hilchos Terumos that Klal Yisrael acquired Eretz Yisrael at the time of Yehoshua Bin Nun by means of conquering Eretz Yisrael (Kibush) but not by means of Kidush (as opposed to the entry of Klal Yisrael into Eretz Yisrael at the time of Ezra at that time we acquired Eretz Yisrael by means of Kidush) and therefore when we were exiled to Bavel the Dinim that applied to Eretz Yisrael were no longer functional. The Chazon Ish explains that the source for this Rambam is the opinion of R. Yishmael that certain Mitzvos only apply after Yerushah and Yeshivah, while other Mitzvos (such as the Mitzvah of Chalah) apply immediately upon entry into Eretz Yisrael. If Klal Yisrael acquired Eretz Yisrael by means of Kidush, all of the Mitzvos would apply starting from when we were Mekadesh the land and there would not be a distinction between one Mitzvah and another. However now that we acquired Eretz Yisrael by means of conquering there is a differentiation between the Mitzvos that apply only after we conquered the Eretz Yisrael and others that apply immediately upon entry into Eretz Yisrael.
THE MITZVAH OF ORLAH
Orlah applies everywhere and at all times whether the fruit is of a Jew or a Nochri. However, in Eretz Yisrael Orlah is Min ha'Torah and in Chutz la'Aretz it is a Halachah l'Moshe mi'Sinai. It is forbidden to harvest the Orlah fruit of a Nochri because of the benefit that is accrued from that which the Nochri is appreciative of his work. (Shulchan Aruch YD 294:8)
Next Daf Index to Revach for Maseches Kidushin