PINCHAS LED THE WAR AGAINST MIDYAN
(Mishnah): He says 'you are not like them....'
Question: Why does he promise that Hash-m goes with them?!
Answer: Hash-m's name and all His Kinuyim (other names) are in the Aron (that goes with them to war).
Support: "Moshe sent 1000 from each tribe to the army, them and Pinchas";
"Them" refers to the Sanhedrin; Pinchas was the Kohen anointed for war;
"The holy Kelim" refers to the Aron and the tablets inside. "The trumpets for blowing" are the Shofaros.
(Beraisa): Pinchas had special reason to fight, to avenge the Midyanites' sale of his ancestor - "the Medanim sold him (Yosef) to Mitzrayim." (One opinion in Medrash Sechel Tov (Bereishis 37:28) says that we cannot equate the Medanim with the Midyanim, for Medan and Midyan were brothers (Bnei Keturah). It seems that the other opinion, our Gemara and Bereishis Rabah (37:22 - see Maharzu) equate them.)
Inference: Pinchas descends from Yosef (i.e. from his mother).
Question: "Elazar (Pinchas' father) took a wife from the daughters of Puti'el."
Suggestion: This shows that Pinchas descends from (Elazar's wife, who is from) Yisro, who fattened (Pitem) calves for idolatry!
Answer: No, he came from Yosef, who Pitpet (belittled, and overcame) his evil inclination.
Question: The tribes scorned him - 'did you see this son of Puti, whose grandfather fattened calves for idolatry, and he killed the head of a tribe?!'
Answer: He descended from both of them. His mother's father was from Yosef and his mother's mother was from Yisro, or vice-versa.
Support: "From the daughters of Puti'el" (the plural form (as opposed to Put'el) suggests two Derashos, Pitem and Pitpet).
THOSE WHO DON'T FIGHT
(Mishnah): "The Shotrim speak to the soldiers. 'Who is the man that built a new house and did not inaugurate it? He should return to his house..."
He returns for building a house, a cattle pen, or a storehouse for straw, for grain, wine and oil, or for wood,
He returns whether he built it, bought it, inherited it, or received it for a gift.
"Who is the man who planted a vineyard and did not redeem its fruit..."
He returns for planting a vineyard, or five fruit trees, even of different species;
He returns whether he planted them, returned shoots into the ground, or grafted them. He returns also if he bought a vineyard (or five trees), inherited it, or received it for a gift.
"Who is the man who was Mekadesh a woman..."
He returns if he was Mekadesh a virgin or widow, even if a Yevamah fell to him (to do Yibum). Even if he heard that his brother died in the war, he returns.
All of these people return, and supply water and food to the soldiers, and fix the roads.
The following do not return - one who built a gate-keeper's quarters, an Achsadra (a porch enclosed on three sides, and open on the fourth), or a balcony;
One who planted four fruit trees, or even five barren trees;
One who remarried his ex-wife, or a woman forbidden to him, e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa.
R. Yehudah says, even one who rebuilds his house like it used to be does not return;
R. Eliezer says, even one who builds a brick house in Sharon (which will not last very long) does not return.
The following stay home and do not even go to the border - one who is in the first year of inaugurating his house, is redeeming the fruits of his vineyard (during the fourth year), or is in the first year after full marriage (Nisu'in) with his Arusah or Yevamah;
"He will be clean to his house for one year" - "house" teaches about for his house; "he will be" - for his vineyard; "he will make his wife rejoice" teaches about for his wife; "that he took" includes a Yevamah.
These men do not supply water and food, and do not fix the roads.
WHO SPEAKS TO THE SOLDIERS?
(Gemara - Beraisa) Suggestion: "The Shotrim will speak" - perhaps only they say these words!
Rejection: Later, it says "the Shotrim will add and say." Only they say the latter Parshah;
The first Parshah (the Shotrim will speak...) is what the Kohen Gadol says. He speaks, and the Shotrim broadcast his words.
(Beraisa #1): The Kohen Gadol speaks, and the Shotrim broadcast his words.
(Beraisa #2): The Kohen Gadol speaks, and broadcasts his own words.
(Beraisa #3): The Shoter speaks, and broadcasts his own words.
Resolution (Abaye): From "(the Kohen Gadol) will draw close" until "(the Shotrim) will speak", the Kohen Gadol speaks, and broadcasts his own words;
From "they will speak" until "they will add", the Kohen Gadol speaks, and the Shotrim broadcast his words;
From "they will add" an onwards, the Shoter speaks, and broadcasts his own words.
FOR WHICH HOUSES DOES ONE RETURN?
(Mishnah): Who is the man who built a new house...
(Beraisa): "Who is the man" includes one who bought, inherited, or received a house for a gift. "That built" includes a cattle pen, or a storehouse for straw, grain, wine, oil, or wood.
Suggestion: Perhaps he returns even if he built a gatekeepers quarters, Achsadra, or balcony.
Rejection: It says "house" - it must be fitting for residence.
R. Eliezer ben Yakov says, we understand "house" simply (but not a storehouse or cattle pen). "He did not inaugurate it" excludes a stolen house.
Suggestion: R. Eliezer ben Yakov disagrees with R. Yosi ha'Glili, who says that the (fearful and) softhearted person who returns is one who is afraid of his sins. (R. Yosi ha'Glili would say that he returns due to his theft!)
Rejection: He can hold like R. Yosi ha'Glili. If he repented of his sin and paid for the house, he does not return.
Question: If so, it is as if he bought the house. He should return!
Answer: Since he originally got the house through theft, he does not return.
FOR WHICH VINEYARDS DOES ONE RETURN?
(Mishnah): Who is the man who planted a vineyard...
(Beraisa): "Who is the man" includes one who bought, inherited, or received a vineyard for a gift. "That planted" includes five trees of other species.
Suggestion: Perhaps he returns even if he planted four fruit trees or five barren trees.
Rejection: It says "vineyard".
R. Eliezer ben Yakov says, we understand "vineyard" simply (only vines);
"He did not redeem it" excludes one who sticks shoots in the ground or grafts.
Contradiction (Mishnah): If one returned shoots into the ground or grafted, he returns.
Answer #1 (R. Zeira): The Mishnah discusses grafting in a permitted way. The Beraisa discusses grafting in a forbidden way. (Meiri, Chazon Ish Nashim 146:43b - he does not answer regarding returning shoots into the ground. This was easy to answer: one returns only if the new shoot was separated from the old, for then Orlah applies to it (Tosfos Rosh Hashanah 9b).)
Question: What is the permitted grafting of the Mishnah?
Suggestion: He grafted branches of young trees (within the three years of Orlah) onto young trees.
Rejection: If so, even had he not grafted, he would return for the 'original' trees (onto which he grafted)!
Answer #1: Rather, he grafted young branches onto old trees.
Objection: R. Avahu taught that in such a case the branch receives the law of the tree, and it is exempt from Orlah (and need not be redeemed)!
Answer #2 (R. Yirmeyah): Really, he grafted young branches onto young trees. The trees (onto which he grafted) were planted for lumber or to serve like a fence (not for the fruit), so he would not have returned for them.
(Mishnah): Trees planted for lumber, or to serve like a fence, are exempt from Orlah.
Question: Why does a young branch grafted onto an old tree receive the old tree's exemption, but a young branch grafted onto a young tree (that was not planted for fruit) does not receive its exemption?
Answer: No change of mind can cause Orlah to apply to an old tree. If a young tree was not planted for fruit, if he decides that he wants the fruits, Orlah now applies to it. (Here, we see that he wants the fruits of this branch!)
This is like the law of trees that grow by themselves.
(Mishnah): Orlah applies to trees that grow by themselves.
Question: Why didn't R. Yirmeyah establish the Mishnah more simply, to be a case of partners? Reuven grafted onto Shimon's trees, and each returns for his trees!
Answer (Rav Papa): Since R. Yirmeyah did not establish this to be the case, it must be that partners in a vineyard do not return from war.
Question: Why is this different than five brothers, one of whom died in war (leaving a Shomeres Yavam)? All the brothers return!
Answer: There, she is considered the wife of each one (since she may do Yibum with any of them); here, it is not the vineyard of either partner.
Answer #2 (to Question (g) - Rav Nachman bar Yitzchak): The case of the Mishnah is, he grafted tree branches onto vegetables. The Tana holds like R. Shimon ben Gamliel:
(Beraisa - R. Shimon ben Gamliel): One may graft a tree onto a vegetable;
Chachamim forbid this.
Answer #2 (to question (e) - Rav Dimi): The Beraisa says that one does not return for replanting shoots or grafting. This is the continuation of R. Eliezer ben Yakov's words;
Just like he holds that one returns only for a vineyard, he holds that one returns only for planting. (The Tana of our Mishnah holds that one returns for any five fruit trees. He also holds that one returns for grafting and planting shoots as well.)
OTHER LAWS OF R. ELIEZER BEN YAKOV
(Rav Dimi): R. Eliezer ben Yakov taught that if a vine shorter than one handbreadth, its fruits are always forbidden like Orlah, for it appears to be in its first year. (This is a decree, lest people think that Orlah is permitted.)
This applies only to a minimal size vineyard, four trees in a box shape and a fifth in back. If a large vineyard consists of such vines, this will become known, and there is no decree.
(Rav Dimi): R. Eliezer ben Yakov taught that one may not recite Shema Yisrael within four Amos of a corpse - "one who mocks the poor (the deceased, who cannot perform Mitzvos) reviles him."
(R. Yitzchak): R. Eliezer ben Yakov taught that a stepsister who grew up in the same house as her stepbrothers may not marry any of them, since people think that they are siblings.
Rejection: This is wrong. People will come to know that they are only step-siblings.
(R. Yitzchak): R. Eliezer ben Yakov taught that if one made a granary of Leket, Shichechah and Pe'ah (agricultural gifts left for the poor), this obligates him to take Ma'aser from them (since people will think that it is his produce).
(Ula): This applies only if he piled them up in a field. If he piled them up in the city, people will know that he did not grow them.
(R. Yitzchak): R. Eliezer ben Yakov taught that vines less than one handbreadth do not forbid vegetation seeded with them (due to Kil'ei ha'Kerem, crossbreeds in a vineyard. Rashi - he holds that the Torah forbids Kil'ei ha'Kerem only with hemp and Luf, legumes whose seeds do not degenerate, or that grow on clusters, like grapes. Everything else is mid'Rabanan. We decree only if the vines are at least a Tefach.)
This applies only to a minimal size vineyard, four trees in a box shape and a fifth in back. If a large vineyard consists of such vines, they forbid the other vegetation.