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KIDUSHIN 38

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SUMMARY

It is a Machlokes Tana'im if the Minchas Omer was brought immediately upon entry into Eretz Yisrael or only after Yerushah v'Yeshivah. (1)
 
Upon the death of Moshe Rabeinu on the seventh of Adar the Manna ceased to fall but Klal Yisrael had sufficient Mana in stock to last until the sixteenth of Nisan.
 
Klal Yisrael ate Manna for 40 years minus 30 days. (2)
 
The cakes that Klal Yisrael took out of Mitzrayim with them tasted like Manna and therefore Klal Yisrael tasted Manna or a full 40 years.
 
Moshe Rabeinu was born and died on the seventh of Adar.
 
Hashem Yisbarach fills the years of Tzadikim from day to day and month to month.
 
R. Shimon Ben Yochai says that Klal Yisrael was commanded in the three Mitzvos of Chadash, Orlah and Kilayim when they entered Eretz Yisrael and these Mitzvos apply both in Eretz Yisrael and in Chutz la'Aretz. (3)
 
Chadash is not a permanent Isur and it is not Asur b'Hana'ah and an Isur may turn into Heter. (4)
 
Kilayim is a permanent Isur and it is Asur b'Hana'ah and it does not turn into Heter; consequently it is learned with a Kal va'Chomer from Chadash that it applies in Chutz la'Aretz.
 
Orlah is not a permanent Isur but it is Asur b'Hana'ah and it may not turn into Heter, consequently it is also learned with a Kal va'Chomer from Chadash. (5)
 
R. Elazar Bar Shimon says that all Mitzvos that applied prior to the entry of Klal Yisrael into Eretz Yisrael (a Chovas ha'Guf) applies even in Chutz la'Aretz.
 
Any Mitzvah that applied only after our entry into Eretz Yisrael (a Chovas Karka) applies only in Eretz Yisrael.
 
The Mitzvos of Shemitas Kesafim (forfeiting debts on Shevi'is) and Shilu'ach Avadim (freeing servants at Yovel) apply even in Chutz la'Aretz.
 
The Mitzvah of Shemitas Kesafim applies only when Shemitas Karka applies. (6)
 
The Mitzvah of Shilu'ach Avadim only applies in Chutz la'Aretz when it is in practice in Eretz Yisrael.
 
The Mishnah in Orlah states that Chadash applies everywhere Min ha'Torah, Orlah is a Halachah a and Kilayim is mid'Rabanan.
 
Shmuel holds that Orlah in Chutz la'Aretz is Hilchos Medinah (a Minhag), while R. Yochanan holds that it is a Halachah l'Moshe mi'Sinai.
 
Safek Orlah in Eretz Yisrael is forbidden, in Suriyah it is permitted and in Chutz la'Aretz one may go to a field that contains trees of Orlah and buy produce as long as you did not see the proprietor pick the fruit from the trees of Orlah.
 
If vegetables are being sold next to a vineyard in Eretz Yisrael it is forbidden, in Suriyah it is permitted and in Chutz la'Aretz one may buy the vegetables that the Nochri picked from the vineyard as long as you don't pick the vegetables yourself. (7)

A BIT MORE

1. R. Yishmael holds that when the Torah states Moshav it is teaching us that the Mitzvah only applies after Yerushah v'Yeshivah and therefore the Minchas ha'Omer was not brought until after 14 years, while R. Akiva holds that the Mitzvah when the Torah states Moshav it is teaching us that the Mitzvah applies everywhere and according to him the Minchas Omer was brought immediately upon entry into Eretz Yisrael
 
2. The Manna started to fall on the sixteenth of Iyar and they ate Manna until the sixteenth of Nisan 40 years later.
 
3. These Mitzvos did not apply until they entered Eretz Yisrael because nothing grew in the Midbar
 
4. The Isur of Chadash turns into Heter as soon as the Omer is brought on the sixteenth of Nisan
 
5. Although Orlah is not a permanent Isur because it only applies for the first three years of the tree, however during the three years the Isur of Orlah not turn into Heter.
 
6. Shemitas Karka did not apply prior to the entry of Klal Yisrael into Eretz Yisrael or after we went into Galus and during these times Shemitas Kesafim also does not apply.
 
7. In Suriyah the vegetables are permitted if it is a Safek if the vegetables were grown in the vineyard, while in Chutz la'Aretz it is permitted even if the vegetables definitely grew in this vineyard.. However, it is only permitted if you don't pick the vegetables yourself.

BRIEF INSIGHT

MATZAH FROM CHADASH
 
Klal Yisrael did not eat from the produce of Eretz Yisrael until they brought the Minchas Omer on the sixteenth of Nisan. Tosfos asks in the name of the Yerushalmi why Klal Yisrael didn't eat Matzah on the night of the fifteenth from Chadash. The Mitzvas Aseh of Matzah should e supersede the Lo Sa'aseh of Chadash. The Yerushalmi answers that a Mitzvas Aseh which originates before Matan Torah may not supersede a Lo Sa'aseh that originates from Matan Torah. Tosfos also answers that the Rabanan instituted a Gezeirah not to eat even one K'Zayis from Chadash lest one eats also a second K'Zayis from Chadash and the Mitzvas Aseh is only with the first K'Zayis not with the second K'Zayis.

QUICK HALACHAH

SAFEK ORLAH
 
Safek Orlah in Eretz Yisrael is forbidden and in Chutz la'Aretz it is permitted. What is the case? If grapes are sold outside a vineyard that contains some vines of Orlah; in Eretz Yisrael the grapes are forbidden and in Suriyah it is permitted as long as it is not certain that it came from this vineyard and in Chutz la'Aretz it is permitted even if it is certain that it came from this vineyard as long as you did not see it being harvested from the vines of Orlah. The grapes are certainly permitted if the vines are only Safek Orlah. (Shulchan Aruch YD 294:9)
 
Even though a Halachah l'Moshe mi'Sinai is mid'Oraisa and a Safek mid'Oraisa is forbidden, however with regards to Orlah the Halachah l'Moshe mi'Sinai teaches us that a Safek is permitted. (Shach)

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