1)

PRACTICES IN YERICHO

[דף עא עמוד א] תניא ששה דברים עשו אנשי יריחו שלשה ברצון חכמים ושלשה שלא ברצון חכמים ואלו שברצון חכמים מרכיבין דקלים כל היום וכורכין את שמע וקוצרין לפני העומר ברצון חכמים. ואלו שלא ברצון חכמים גודשין לפני העומר ומתירין גמזיות של הקדש של חרוב ושל שקמה ופורצין פרצות בגנותיהן ובפרדסיהן להאכיל נשר לעניים בשני בצורת בשבתות ובי"ט דברי ר"מ א"ל ר' יהודה אם ברצון חכמים הם עושין יהיו כל אדם עושין כן אלא אלו ואלו שלא ברצון חכמים ועל ג' מיחו בידם ועל ג' לא מיחו בידם:
Translation: In a Beraisa, R. Meir taught that six things were done in Yericho. Chachamim approved of only three of them. (a) They would graft date trees the entire day of Erev Pesach. (b) They were Korech Shma Yisrael. (c) They harvested before the Omer. Chachamim disapproved of three. (a) They made piles of grain before the Omer. (b) They benefited from branches of Hekdesh carob or sycamore trees. (c) In famine years, they breached the walls of their gardens and orchards to enable poor people to enter and eat fruit that fell on Shabbos and Yom Tov. R. Yehudah said, if Chachamim approved, everyone would do so (and not only in Yericho)! Rather, Chachamim disapproved of all six. They protested about three, and did not protest about three of them (grafting the entire day, being Korech Shma, and harvesting and making piles before the Omer. They protested about three, i.e. benefiting from branches, encouraging the poor to eat fallen fruit, and they left Pe'ah (a corner of the field is not harvested, it is left for the poor) from Yerek.
(a)

Why did Anshei Yericho graft date trees?

1.

Tosfos: In Pesachim (56a), it says that they put a male branch on a female. This is astounding, for earlier (53a) we asked why R. Ilai cut Kafnaisa in Shemitah, and answered that he cut Nischani. Rashi explained that they are male date trees that do not bear fruits. (NOTE: If so, it is counter-productive to put a male branch on a female! - PF) Rather, Nischani are females, but males bear fruits. The Aruch says that Nischani are small dates. They are sweet, but when they get big, they are bitter, like bitter almonds (Chulin 25b). Therefore, one may cut them to avoid a loss.

2.

Tosfos citing the Aruch: Female date trees desire a male, and they cast down their fruits until people wrap a male around them. Then, their fruits are guarded. Perhaps this is only for date trees, which are prone to loss. A Midrash says, just like date trees have desire, Yisrael desire [to do the will of] their Father in Heaven. A case occurred in which a date trees was not bearing fruits, even though they grafted onto it. A palm tree expert told them, it sees a date tree in Yericho and desires it. They brought a branch from it and grafted it on, and then it bore fruits. (NOTE: We fixed the text based on Midrash Tehilim 92:11, Bereishis Rabah 41:1. - PF)

(b)

Why did Anshei Yericho graft date trees on Erev Pesach?

1.

Rashi: They held that this is not an important Melachah

(c)

What is 'Korech Shma Yisrael'?

1.

Rashi: It says in Pesachim (56a) that they did not pause between words.

i.

Tosfos: It says there that they did not separate. i.e. they did not pause between 'Yisrael' and 'Hashem'; it sounds like he tells Yisrael to hear Hash-m. Really, the verse tells Yisrael to listen - Hash-m Elokeinu, Hash-m is Echad. The Yerushalmi says that they did not pause between words. One opinion says that they did not pause between 'Echad' and 'Baruch'.

(d)

Does R. Meir hold that Chachamim condoned harvesting before the Omer? He said (67b) that immediately after offering the Omer, the markets of Yerushalayim were full of Chadash flour and parched grain, and Chachamim disapproved!

1.

Rashi: Above they decreed lest people come to eat Chadash before the Omer, for they engaged in it so much - they harvested, grinded, parched and sifted. Also, it was not to avoid a loss. Anshei Yericho only harvested, and it was to avoid a loss. Here, R. Meir said that they did not permit making piles!

i.

Tosfos: Some texts here, and in the Tosefta, say that R. Meir holds that Chachamim condoned harvesting and making piles, and they protested [also] that they left Pe'ah from Yerek. This cannot be. If so, the Gemara would have asked that there are seven matters, and not six! Also, why did the Gemara infer 'our Mishnah is like R. Yehudah' because it distinguishes between protesting and not protesting? It should have inferred that it is R. Yehudah, for it says that they disapproved of making piles!