Episode Transcript
[00:00:03] We're continuing to discuss the laws of Bir, which is the obligation to make sure that all tithes have been removed from one's house by the deadline, which is Pesach of the 4th and 7th year of the Shmita cycle. And the focus of our Mishnah is teval, which somebody has tevl is untied produce. And although tevl intrinsically is not holy itself, since within the tevil are all of the tithes, they just haven't been separated yet. But there are potential tithes within the tevil. And and because of that, teval is considered holy somewhat. And so everybody in this Mishnah agrees that tevil which is obligated in maestros when it comes to the beer, all of the maisras have to be separated. And then either they're given to the owners, the khanim, the Leviim, or they will be destroyed like Maisa Shayni. But the question of our mission is what about teva, which has not yet been fully processed? We learned at length in Mesechas Maisros that there are two significant stages in producer's growth. The the first one is oinas hamaisrus, which is when the plant has grown enough that it's edible. And the second significant stage is the gmar malacha, also known as the geren stage. And that is once the whole processing of the fruit or the grain has been completed, for example, once it has been piled up now only food which reached the maestros, which means it grew enough, only that produce is obligated in maestros. However, the obligation only sets in once the gemay malachah has been reached, once the process has been totally completed and before the Gemay Malachah, one is not allowed to separate the maestros from Tevel. However, if one did separate the maestros from Tevel after it reached the NASA maestros, so its produce which will become obligated, it just hasn't yet reached the Gemara Malachah. The halach is although it's forbidden, it would be a valid tithe if you do separate it. And that gives rise to the mahleikis in our Mishnah. Omar be huda Rabihuda said Bar originally, the and the beastin would send messengers to the homeowners and the people who worked in the fields in the various different cities in Eretz Israel. And they would send the following message.
[00:02:06] Hurry up and process your fruit and your produce before the time the beer arrives. Why? Because as we explained before, when it comes to the be the tides have to be separated from the tevil and given to their various owners or be destroyed. But if the tevil has not yet reached its Gemar Malacha, then it's forbidden to separate those tithes. But at the same time it's an obligation because of the beer. So you would be stuck in that situation where you'd be forced to do something which is regularly not allowed and would only be valid but once it's done. And therefore they told the farmers to make sure that the tevil had been processed fully before the beer time, so the ties would be separated in a totally permissible manner when the beer arrives. However, this was all until Akiva came and taught that all produce which has not yet reached its own.
[00:02:59] And it's very important to realize that when the Mishnah refers to Maisie over here, it's actually referring to the Gemar Malacha stage, so saying that all fruit which has not yet reached its Gemara Malacha they will be exempt from beer. And so there's no point in hurrying up the farmers, because if it hadn't yet reached by the time it got to bear, they wouldn't need to separate the tithes at all. Be would not apply to the Tevl produce if it has not yet been processed, according to Akiva, the reason being that it's forbidden to tithe Tevl before the Gemara Malacha. So you're right. If you did it, it would be valid. But the fact that it is forbidden to do it ideally means that we don't look at it as potential tithes, such you would have to separate the ties when it comes to beer. Rather, be does not apply to Tevl unless it has already reached its Gemara Malacha. So it is obligated in tithes. Mishnah test the focus of this Mishnah is what one should do if he is not near home and he has tevil or tithes in his house, and he won't be able to get home in time for the beer. And the way that this is going to be told to us is via a story, interestingly, of how Tanoim dealt with this situation.
[00:04:01] Somebody whose produce is far away from him and the time of the beer arrives, says the Mishnah, he must declare a name for them, meaning he needs to make sure that he gives the tithes and the produce to somebody else. As the Mishnah will now illustrate, my so has a K name. There was a story which once happened with Gamliel and other elders, other fellow Tanoim.
[00:04:23] They were going on a journey on a ship, and so they couldn't get in home in time for the beer and had lots of produce in his house. And the produce which he had in his house was tevl. So this is following on from the previous Mishnah, where we learned that tevil is also obligated in beer. And we'll assume that this tevl had already reached its Everybody agrees that it's obligated in in beer, and so has to make sure of a few things. Firstly, he has to make sure that he separates the tides from the tel. The second thing he needs to do is to make sure that he gives that tithe to somebody else. And the third thing is he's got to make sure that the tithe is not only owned by somebody else, but it is also removed from his house, because the mitzvah of beer is to make sure that no ties left in his house. Now, the first difficulty, as it were, which Gamliel faced over here, is that in order to halakically acquire something from somebody else, there are specific ways to do so. And when it comes to movable things such as produce, just paying for it doesn't work. In fact, the only way to really do it is to lift it up. But of course, the project is nowhere near him, and he can't get somebody else to lift it up because he's on a ship. So what should he do? Well, the halacha is that when it comes to acquiring land or even renting land, the rental or the sale can take effect just by the renter or the buyer paying for that land. And the halacha is that if somebody is buying land in that way, he can also acquire movable items which are on that land to together with the land, without doing a separate act of acquiring. And therefore, if somebody were to pay for the land on which his tevil produce is lying on, so he would pay on Gamliel. And by paying him, he acquires or he rents the land, and together with that comes the produce as well. So said. And although the mission doesn't quote everything which he said, what Gamliel first did is he designated the tithe. So firstly he declared that a tenth of that produce which is in such and such a place I am designating now as my saurishan. And then he continued to say the 10th, which in the future I will measure. And that's really referring to the 10th, which he just designated should now be given to Yeshua. This is referring to Rabbi Yeshua Ben Chananya who was with him on the ship. Anyway, Yeshua Ben Chana was a Levi. So Rabbi Gamlia was giving him the ownership of that maceration. But how should he do that? In general, you can't give ownership of a movable item a unless the buyer or the receiver actually takes it. So the way he did was the place on which the produce is lying. So that small area of land on which the produce is Muskarlay was rented to Rabbi Yeshua. So again, Rabbi Yeshua paid um Gamliel for that small area of land, and together with that also acquired the ma which was on that land. Okay, and now Gablil had to focus on the next tithe, and that was my so oni. So it must have been either the third or the sixth year of the Shmita cycle, because that's when my so oni is separated instead of my sashayni. So he said, another tenth of the produce which I will measure. And as we explained, that means he separate, he designates it now. And after designating it, then he goes on to give it to somebody. And the specific person who he gave it to this time was Nosn al Aqir bin Yusif. I'm giving to Akira bin Yosef, who is the famous Ruby Akiva, that he should acquire it on behalf of the poor people.
[00:07:41] Amazingly, was the one who took responsibility for collecting funds for the poor people and taking care of those funds. And so he could acquire the Mysa oni on behalf of the poor people. And again, how did he do that?
[00:07:54] The place on which that part of the produce is lying was now rented to Rubiakiva. And of course, how did that rental take place? By Akiva paying a gamblyo. Okay, so now Shua received mycerision. But of course we know that from Mysurishan one has to separate Trumas Meissa, which is a tenth of the myceurition. So Yeshua did the same thing as now said the 10th, which I will now, which I will in the future measure say now, designates that tenth right now. And then he goes on to give. It should be given to Elizabeth, who is also on the ship, because when Azaria was a coin. And again, how did Rabi Elizb Hanazari acquire it? On the Kaima Misgarloi, Its place was rented to Elizabeth Azariah. So it comes out that Rabi Yeshua rented part of Rabban Gamliel's house and part of what Elozban Azariah rented from Rabbi Yeshua in order to acquire the Chumas maisa. Okay? And as they did that, each one received money from the other one. And that's how the rental took effect. Mr. Yud, the next few mishnayas are going to discuss what is known as Viddu Hamaisrus. And that is when one declares that he has given all of the tithes and that he has fulfilled beur, and pretty much that he has done everything he needs to do with regards to the gifts to the Kaanim Neviim and the poor people. Now, though he said that the beer took place on Erev Yomtiv on the day before Pesach, the truth is one didn't have to destroy every last bit of it, because anything which he would eat on Yomtif itself, he he was allowed to leave over as long as he would eat it by the end of Pesach. So for example, his meiss hashini, which he could eat himself, he could leave some of that over. And then as long as he eats it by the end of Pesach, and then by the end of Pesach, that's when the mitzvah of be had to be completed. So, Bamincha, Bayomtva, Acheren and mincha time, in the afternoon of the last day of Yomtiv of Pesach, holy Misvaddin, they would confess, they would declare the vidri hamaisras. And Mishnah asks Keitri, how did the vidri work? What exactly did the person say? And what the next few mishnayas are going to take us through are the pasukim which the Torah writes about Vidya hamaisus and interpret each phrase of the psukim and what that phrase is referring to. Now, when one said vidya hameisas, he would just read out the pasukim, or you could say the psuchim in a different language, but he wouldn't say out loud what each part of the posse means. That's just what the Mishnah is doing. But the actual vidihemesis was just made up of the psukim. Now, the reason why the Mishnah goes through what each part of the posse means is because if somebody failed to do even one part of the psukim, then he is not allowed to say vidya hamaestras. So says the Mishnah. The posse says, I have destroyed the holy food from the house. What does that refer to? Says my sesheni vinetar vay. It refers to my sesheni vanetar voi because the Torah calls these two things kodesh. The next part of the posse says that he declares that nasativ valevi, I have given it to the Levi. So what is he given? Zemai salevi, that's the meister, which goes to Leviim I e maisarition. And the posit continues.
[00:10:52] And I have also given. Now the Torah could have said, and I have given the fact that it added the unnecessary word of also. The word also comes to include something else. So what does that come to include? Says the mission is a trumas meisser. It comes to include truma and trumas meisser as well, since trumas meisser is the same, has the same status as truma. Next part of the posse says, I've given what needs to be given to the convert, to the orphan, and to the widow. Now, there are no tithes or gifts which go to these people specifically. However, whenever the Mishnah refers to poor people in conjunction with the tithes, it will often refer to them as using these three examples. These are examples of poor people, people who are often poor. And so this refers to zermaissa ani. This refers to maisarani, which is the tenth of one's produce which goes to poor people in the third and sixth years of the Shmita cycle. And as well as that, it also refers to Haleket. Lekkat refers to the dropped stalks. When one is harvesting the stalks of his field, if he drops some, then he needs to leave them for the poor.
[00:11:52] It also refers to shikra, which are forgotten bundles which are left in the field that also needs to go to the poor. Va' peyah and pear is the corner of one's field which he also needs to leave for the poor. So that part of the posseh is also referring to all of the gifts which go to poor people. However, the Mishnah adds, even though these last three, three gifts are not 100% necessary for the declaration, meaning even if somebody did not leave Lekat Shikhan Paya, he is still allowed to say Vidya maestros. And the reason for this is because the word which the posse uses in the Vidya hamais is nasativ, I've given it. And when it comes to most of the tithes, the Torah says, you should give the tithes. However, when it comes to Lekat Shikhan Paya, the Torah doesn't say you should give it to them. It says you should leave them. Leave the stalks and the bundles there, and the poor people will come and get it. But since the Torah uses A different wording for that. It teaches that even if you haven't done that, you're still able to say the vidya hamaestros. However, as we learned before, if you were to miss out, let's say my solution. If you didn't give a my solution, then you cannot say any of the video hamais. All right, now the mission ends off that Minhabayas. When the Torah says the words, from the house, I've given the holy food from the house, what is the house adding? The challah. This refers to the gift of challah, which is a portion of one's dough which goes to Kim. And this is because in the commandment to give, the Torah also uses the word bias. And therefore so to. Over here, bias refers to Aleph. Now we're going to continue the sequence of the psu. We're going to learn more laws which have to be kept in order for somebody to be able to say vidya hamais. So the Torah says, according to all of your commandments, which you commanded me. So part of the declaration is saying, I did everything as I'm supposed to do, and I separated the ties correctly. And so we learned from there that if he separated my sashayni before separating my Sarishan, then in Ijocheleis vados, he is not able to save the video Hermes, since although the myshey and rishon are valid, if he does it in the wrong order, it's forbidden ideally to do it in that order. And so since part of the declaration is that he did the separation of the tides correctly, if you change the order around, then he won't be able to see, say, vidya hamaestros. And the same applies to the other tides, if he also did those in different order. The poster goes on, I didn't transgress any of your mitzvahs. So this is something more severe. It's an actual transgression in the separating of the tides. So it refers to a way which you separated the tithes in which the whole separation is invalid, which means that the declaration is declaring that I didn't separate tithes from one species on behalf of another species, a different species, and not from produce detached from the ground on behalf of produce which is still attached to the ground, not from attached produce on behalf of detached produce, and not from new crop, crop which grew that year on behalf of last year's crop, and not from a previous year's crop on behalf of this year's crop. Because if he had done any of those things, then the whole tithe is invalid. And finally the posse ends off that I didn't forget. So what didn't he forget to do?
[00:14:59] I didn't forget to bless you, Hashem, and recognize that you are the source of all my sustenance, to mention your name on it and to praise you for all the produce which you have given me. So this is referring to the bracha which was made when separating the trumas and mysoreus. There's a special bracha which is made, and that is midrabanon. And although we're associating the bracha with the posse, and the posse is obviously mid at raisa, that's because according to the Torah, you do need to bless hashem when you separate the maestros. It's just that you're allowed to say whatever you would like. Mijabonim. There's a special bracha. There's a formula of the bracha which you have to say that. But the concept of blessing Hashem when you separate maestros is itself midoraisa.
