Episode Transcript
[00:00:03] As we have seen in the past couple of Mishnayes Mijabonon, all lands outside of Eretz Yisrael are considered to me, as well as that Mudrabonon, one does have to separate Challah even from outside of Eretz Yisrael. And in fact, as we learned, it'll have to separate two portions of Challah, one which would go to the fire and be burnt, and the other which would go to a Kohen. Now, since although outside of Eretz Yisrael is considered to me, if somebody were to bring challah from outside of Eretz Yisrael into Eretz Yisrael, so although outside of Eretz Yisrael, perhaps a comb will be able to eat, because we don't consider it real Challah, since there's no source in the Torah for Challah outside of Eretz Yisrael. However, if you bring that into Eretz Yisrael, so there real Challah applies. So although the Challah which is brought from outside of Eretz Yisrael is not real Challah, nevertheless we must treat it as if it was real Challah. And since we consider it tomeh, it cannot be eaten by a coin. However, at the same time, it can't be burnt by the coin either, because people don't realize that the Challah is Tome, it never came into contact with anything. To me, it just came from outside of Eretz Yisrael. People don't necessarily realize that that makes it to.
[00:01:04] So if people see somebody burning that challah, even though it didn't come into contact with anything tome, they'll think that regular Challah can also be burnt. So it can't be eaten by a cone, and it can't be burnt by cone either. So another option could be that they should bring it back to the place where they got it from outside of Eretz Yisrael, because outside of Eretz Yisrael, bechado can be burnt or eaten. However, that's also forbidden, because once it's been brought into Eretz Yisrael, as we said before, people don't necessarily realize that it's tamehouse. So if you then take it from Eretz Yisrael out of Eretz Yisrael, people will think that you're allowed to take any regular Challah from Eretz Yisrael out of Eretz Yisrael, which of course is forbidden, because then it would become tame. So you can't give it to a coin, and you can't give it back to where you got it from. And indeed, the Mishnah records two stories where Nitai ishtikoa, Nittai, the man and the leader from Tekoya, which is a city in Eretz Yisrael. So he lived in Eretz Yisrael. However, he went outside of Eretz Yisrael on a visit to a place called Betar, and this Betar was outside of Eretz Yisrael, not to be confused with the more famous Bayt, which was in Eretz Israel. But be it as it may, he went outside of Eretz Yisrael and the people of Baytar gave him khalas, which they'd separated, and they'd accumulated quite a few challahs, and they gave it to him to bring back to Eretz Yisrael. So give to Kalanim and Eretz Yisrael. So Hevi Khalil Besar, he brought the challas from Beitar, but the Chachomim and Eretz Yisrael did not accept them from him, meaning they didn't allow him to give it to the Kim, as we explained. And in fact, they didn't even allow him to give it to the Khanim to burn or to take it back to Betar. So what exactly should be done with this challah? So the Yerushalmi explains that it was left until Erev Pesach, when all the comets has to be burnt, and then it was burnt together with the comets, because burning it then won't make people think, oh, you can burn any challah, because it's clear that the only reason why you're burning it there is because it's comets. And in that scenario you are allowed to burn challah. All right, now the mission brings a very similar story. Ansh Alexandria, the people of Alexandria from Egypt, they brought their khalis, which they had separated in Alexandria.
[00:03:03] And again the Chachom did not accept it for them, and they instructed them to leave the over until Ar Pesach and then burn it together with the rest of the mission now brings a similar story, but this is with regards to bikurim, Bikur, the first fruit which ripen on one's tree. And it's a mitzvah to bring those out to the Bas Hamikdash and give them to Kim. Now, the halakha is that corbonas and various gifts which are brought to the Bas Hamikdos, which come from grain and produce, such as bikurim, and such as various flower offerings, they cannot be brought from that year's produce, which grew that year until after Shavuas. And the reason for this, as the Misha will describe in a moment, is because an offering of two loaves of bread called the Shte Aleichem was brought on Shavuos. And the Torah implies that that needs to be the first offering which is brought from that year's produce, and therefore you can only bring Bakurim after that. However, Ansha Tzevoyim, the people of Haid Savoyim, which is a mountain area in Eretz Yisrael, he view Bikurim Kaduna atzeres, they brought their bikrim to the Beit Hamikdash before Shavuos, did not allow the Kohanim to accept them because of the posse in the Torah which says with regards to the Shte Aleichem, this offering which is brought on Shavuos, the festival of the harvesting, that's a name for Shavuas, the first of your works, of your produce which you planted in the field. So that implies that this the has to be the first offering from the New Year's produce, and therefore bekurim and the other flower offerings can only be bought after Shavuos. Mishnu, the Aleph The Mishnah continues to list various things which were brought to the Beis Hamikdash but were not accepted. Benantinos, Hela, Bocher, Benantinos, who was an important figure, brought up firstborn animals from Bovell. The Halach is that one's first born animal needs to be brought to the Beit Hamikdash and offered up as a korriban as long as it doesn't have a wound. However, this only applies to firstborn animals from Eretz Yisrael itself, but not from outside of Eretz Yisrael. This is learnt from the Torah which puts the command of my Seini of bringing my sashim to the Beit Hamikdash, it puts that command next to the command to bring Bechayrois to bring firstborn animals to the Beit Hamikdash. Now, just like my Seshayni only comes from Eretz Yisrael produce, it's a tenth of one's produce which he needs to bring up to Yerushalayim and eat over there. So true, the obligation to bring out firstborn animals only applies to those which are born in Eretz Yisrael and therefore they did not accept the firstborn animals from Benantinois for the reason that we explained. Yosef Akoyn, Hevi Bikura y Voshemen. Yosef, who was a Kohen, brought his Bikurim in the form of Wine and oil. Now, in general, bakurim are bought as the fruit themselves, not processed, but the fruit themselves which become ripe. However, the halacha is that one is allowed to bring wine and oil, since wine and oil are actually considered more important and significant than the olives or grapes from which they come. So these two liquids can be brought in the form of liquid, unlike other fruit juices. So in general one can bring the cream of wine and oil. However, he can only do that if originally, when he picked the fruit off the tree, he had the intention that he's going to process it into oil or wine and bring up that as the Bakurim. But if he originally picked it off the fruit, picked it off the tree, intending to bring out the fruit itself, so then even when it comes to grapes and olives, they can't be processed into wine and oil, because he decided and set the fact that he is going to bring Bakurim of the fruit themselves, because that was his intention when picking the fruit off the tree. And since that's what Yosef A. Cohen did like kibble menu, they didn't accept these Bakurim from him. Now, the truth is this falcon was a Cohen himself. So anyway, he would have kept the Bakurim himself. The point is, they didn't allow him to go through the whole process in the Beis Hamikdosh, which one usually goes through and bringing Bakurim, because they held that you're not allowed to bring this type of Bakurim if that was not your intention, continues the Mishnah with another thing, which, yes, Falkoin did, and the Kohanim did not allow it. And this is regarding Pesach, the Halacha is that if somebody does not manage to bring a Cor Pesach on The original, the first Pesach on the 14th of Nisan, for example, if he was Tommy, he wasn't allowed to bring the carbon, then the halach is obligated to bring a Korm Pesach one month later on the 14th of Iyar, and that is known as Pesach Sheini, or in our mission it's known as Pesach Koten mini Pesach, as it were. Now, although when it comes to the first Pesach, real Pesach, there's a mitzvah for somebody to appear at the Beit Hamikdash together with his entire family, his wife and his children, even his young children. However, when it comes to Pesach Sheini, the only mitzvah which applies there is to bring the Koran Pesach and one is not obligated to bring his little children with. Now, it once occurred that Yosef Akoyn and his entire family didn't manage to bring the Korean Pesach on Pesach, they were all tome. And so when it came to a month later, he brought up his young children and all the members of his household to perform the pesachoten and to bring the corn Pesach in Yerushalayim, however, the the Kayanim or the Chacholim sent him back. And the reason why they sent him back is because he brought all of his children with and yes, was a very important individual. And if people saw that y was bringing his entire family with, they would come to the conclusion that it's an obligation, just like on the first Pesach. So to on the second Pesach, it's an obligation to bring up one's entire family, even his young children. However, that is not the case and the didn't want to trouble people to bring out their entire family for the second Pesach. And therefore they sent Yusuf back shall Yakov a hat of Al Khayiva so that the matter of bringing one's little children would not be fixed as an obligation, because it wasn't an obligation. All right. And finally, the Musekhtar ends off with one last story. Aristoin he Apamya Aristoin bought his Bakurim from Apamya, which is a place in Surah. Surah borders Eretz Israel. And as we described a few Mishnahs ago, it refers to the lands which David Hamelech conquered before conquering the entire Eretz Israel itself. And Surya has many of the laws of Eretz Israel. And with Jabonon it's considered inherit Israel. And therefore, just like it's obligated in the various tithes, it's also obligated in bikurim. So when Aristone brought his bikurim from Syria, the Kiblumenu, they did accept his bikarim, because the Chachom one who buys a field in Surya Kakina B' Favar shabirushalayim, it's like buying a field on the open area just outside of Yerushalayim, meaning that a field in Surya Midrabanon has the same status as a field in Eret Israel itself. And that is why they accepted the bikurim from Surya, since it was obligated.
[00:09:27] In Bikurim discusses the laws of a tree during its first three years. The halach is that during the first three years of a tree being planted, all the fruit which grow from that tree are forbidden not only to be eaten, but even to be benefited from. And therefore any fruit which goes on a tree during that tree's first three years of being planted need to be destroyed. And the truth is, when we say three years, that's not exactly accurate, because it is not three exact years. Rather, on the first of Tishri Rosh Hashanah, that begins a new year, which means that the first year could be much less than a year. The first year has to be at least 44 days, the reason being that it takes two weeks for a tree to take root in the ground properly. So it's only considered really planted after two weeks. And then if it's left there for 30 days, 30 days is considered a significant amount of time, and that can count as a year. And then Rosh Hashanah begins the second year already. So the first ola year is usually less than an actual year. The second year is a full year, and the third year is actually longer than a full year, because the third year is only considered to have ended in terms of orala when it reaches Tu Bishvat. So the third years from the second Rosh Hashanah of that tree's life past the third Rosh Hashanah of its life, all the way until Tu Bishvat. So that's another four and a half months after Rosh Hashanah. So the first year is less than a year. It's anytime between 44 days and a year. The second year is exactly a year, and the third year is a year plus four and a half months. So it would actually end up being around three exact years, because the first year is shorter and the last year is longer than an actual year, be it as it may, that is for the first three years of a fruit tree. Now, all the fruit which grow in the fourth year, so that would be after Tu Bishvat, that is known as netaravoi, fourth year plants, fourth year produce. And there is an obligation to bring up all of the fruit which grow in the fourth year to Yerushalayim and eat it in Yerushalayim. Now, the laws of neter avary are mainly discussed in Maserches Maestosheni in the first half of the last paragraph over there. And the focus of this mesekhta is mainly to do with just orla, although we will go quite sidetracked in the second per now, unlike most of the laws which apply to land and produce, orla applies even Outside of Eretz Yisrael, and this is mid to Oraysa, there is a Halach al Hamishinai. There's a tradition which we have going back to Moshe Rabbeinu from our Sinai, that it's forbidden to eat the fruit of a tree outside of Eretz Yisrael during its three years. And there's an argument as to whether one is allowed to benefit from Orla of Chutzl Aretz. However, certainly the prohibition to eat or law of Chutzla Aretz is forbidden. Mid Orayasa Mishna Aleph the focus of the first Mishnah is when somebody plants a tree, but not for the sake of the fruit, does Ola still apply to the fruit of that tree? Or do we say that since that's not the primary function of this particular tree, it is exempt from when he plants a tree to use it as a fence, just like bushes often surround a garden and function as a fence, he wants to use the trees for that purpose, or if he plants the tree for the sake of their wood and the beams, so again, he's not planting it for the sake of the fruit, but rather to get wood from the trunk. Says the Mishnah Potterminor the fruit of that tree is exempt from Orah, and this is not from the posse, which says when you plant a fruit tree, a food tree, then Ola will apply to it, which implies that only if the main function of the tree is for the sake of the fruit, but if it's not, then Ola will not apply.
[00:12:53] Takes this a step further, says even if he said the inner part of the tree I'm intending to use for its fruit for food, but the outer part of the tree I'm intending to only use as a fence says in that case, the fruit which grow on the inside of the tree, the side facing his field or facing his garden, those fruit will be obligated in oil, whereas the fruit which grow on the other side will be exempt. You can split the tree in half according to and those fruit which are functioning for the fruit, the part of the tree which he planted in the sake of the fruit that will be obligated, but the other half of the tree, since he didn't plant that for the for the fruit, the fruit will be exempt from Arla Mishna Bates There are many different cases in this Mishnah of how and why and who plants the tree and whether it will be obligated in Arla or not. And we begin with a historical point of view. When the Jewish people first entered the land of Eretz Yisrael in the times of Yeshua, at the time that our fathers entered Eretz Yisrael. Motsu no to a if they found trees which were already planted before they entered hotter, the fruit of that tree would be exempt even if it was still within the three years since. The Torah says, when you come to the land and you will plant the trees, then it will be obligated in Ola, which implies that ola only began once they entered the land of Eretz Yisrael. However, not all any trees which they planted or even which the non Jewish nations in Eretz Israel planted, but they did it after the Jewish people entered the land, says the mission of Alphabet. Even before the Jews had to conquer the entire land, those trees would be obligated in Arla because the Torah says, as soon as you come into land, then ora applies, it's not dependent on you conquering the land. Now the fact that even if a non Jew planted the tree, it would be obligated is learned from the posse, which says cult. 8 Every tree is obligated in Arla. So the fact that it were added the word every tree comes to include even a tree which was planted by a non Jew. Next case. Hana Taylor Rabin, one who plants a tree for the sake of public use, but he plants it in his own property, so he allows all the public people to eat from the fruit. He plants it for their sake, however he plants it in his own property, says the Mishnah.
[00:15:08] That tree is obligated in Arla, and this is learned from the posse, which says it will be for you. The laws of Ola will apply to you. And the word is written in the plural for you in the plural. So that teaches that even if it was planted for the sake of the public, for many people it is still obligated in Arla, however, exempts this tree from Arla. And this is because of a very important rule with regards to interpreting pasukim. And that rule is, if the Mishnah has a word which includes something extra, and then it has another word which includes something extra. So those two combine to teach that you don't say the extra thing. What does that mean? So in our case, the toe uses the word for you in the plural, but it also uses the word and you in the plural will plant. So the toe used two words in the plural. So although had it said only one, it would have taught us that even if the tree is planted, for many people it's obligated the fact that it said it twice. So it's got two of these, including words that teaches that actually you don't include that case. It actually comes to exclude the case where it is planted for many people, and therefore says that a tree which was planted for many people, even if it was planted in your own property, is exempt from Arla, says the Mishnah, one who plants a tree in a public domain. But this time it's the opposite of the previous case, because here he's planting it in the public, but for his own sake, for his own needs. So let's say he might bend the branches over into his own field, and the mission is going to tell us that you would be obligated in this case. And this is learned from the fact that the Torah says that whenever you plant, it says you'll plant a tree and it will be obligated in oil. It doesn't specify if you plant a tree in your own field. So even if it's somewhere else, it's still obligated in Arla, the Hanokh Krishan Otah. And a non Jew who plants a tree, as we explained before, the Torah says cult ates every tree, which comes to include even a non Jew who plants a tree. There's a discussion whether the non Jew has to plant it specifically for a Jew, or perhaps he planted it for himself, maybe he sold it to the Jew later on. But the point is, even though he planted it, it is still obligated in Arla, the Haggazin Chanota, a thief who steals a field and then plants a tree into that field. So if the original owner gives up hope of getting back that field, the halacha is that the thief actually becomes the halachic owner of that field. Now, even though it's forbidden for him to use that field. Nevertheless, the fact that the Torah says that every tree is obligated in Arla collates, that implies that even if it was a forbidden planting, it would still be obligated in Arla.
[00:17:40] One who plants a tree on a boat, and this is either talking about a wooden boat which has holes in the bottom, so the roots will eventually go through the holes of the ship and will end up getting nourishment from the ground of the sea, the seabed, or if the bottom of the ship is made out of pottery or earthenware, then even if it doesn't have holes in the bottom, it's still possible for the roots of the tree to travel down through the pottery and through the earthenware. And underneath the ship and still gain nourishment from the seabed. So if it's either those two cases, it will be obligated in arlo because it is gaining nourishment from the ground. Okay, and final case, the hot element alov and tree, which grows by its itself. But in somebody's field, says the Mishnah. Again, it is obligated in arla. The toe does not exclude such a case. In fact, it says cult eight every tree. And so this too is obligated in arla.
