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05-25-2011
Title:
Menachos 70 - REPLANTING GRAIN

Message:
1) REPLANTING GRAIN

(a) Question (Rabah): What is the law regarding Ma'aser?
1. Question: What is the case?
2. Answer: Ears were harvested, tithed, planted and grew;
i. If the Ikar does not determine the law, the added growth must be tithed - must the Ikar also be tithed again?
(b) Answer (Abaye): This should be like any grain that is planted (it must be tithed!)
(c) Clarification (Rabah): I do not ask about things in which the seed decomposes (surely, all the growth is new, it must be tithed);
1. I ask about things in which the 'seed' (what is planted, in this case the ear) remains.
(d) Answer: The following teaches that it must be tithed.
1. (R. Yitzchak): If an onion was tithed and planted, Ma'aser must be taken on all of it.
(e) Rejection: That is different, for onions are normally planted, but ears are not normally planted.
(f) Question (R. Chanina bar Minyomi): What is the law of an Atziz she'Eino Nakuv (a flowerpot without a hole?)
(g) Abaye: Clearly, the Chiyuv to tithe it is only mid'Rabanan!
(h) Suggestion: Perhaps you ask, what is the law if it was later punctured? (Rashi - may we take its tithes from itself? Shitah Mekubetzes - if one tithes from other produce on it, how much must be taken?)
(i) [Text brought in the margin - (R. Chanina): Yes!
(j) Answer (Abaye): This is Rabah's question (is the Ikar Batul to the additional growth?)
1. (Shitah - do we take tithes to exempt the entire amount, or only for the added growth? Rashi - if only the added growth must be tithed (mid'Oraisa), we cannot separate the tithes from it itself - perhaps the part we will take is exempt, it cannot exempt what is liable!)
(k) Rejection (R. Chanina) - end of text in margin]: This is unlike Rabah's question - here, it was all one planting (just it became Chayav mid'Oraisa), there it was replanted (perhaps what was planted becomes Chayav.)
(l) Question (R. Avahu): If Miru'ach was done to a pile, one of the ears was planted and the owner made it Terumah (while it was attached), what is the law?
1. Since it became ('fixed') Tevel (it may not be eaten, even casually, before taking Terumah), it can become Terumah even when attached;
2. Or, since it was planted, it ceases to be ('fixed') Tevel, it is like regular attached produce, it cannot become Terumah?
(m) Answer (Rabanan): Surely, the first possibility is wrong, we never find attached Terumah!
(n) Rejection (Abaye): We never find that one is liable Misah bi'Dei Shamayim or an added fifth for attached Terumah, but this is for a different reason (it cannot be eaten normally, but perhaps it really is Terumah!)
1. If one detaches it and eats it, it is not attached;
2. If one eats it while it is attached, this is abnormal, it is not considered eating!
(o) Question: Why is this different than the following teaching, which was written on the ledger of Ilfa (an Amora?)
1. If eggs of Nivlas Of Tahor are partially inside the bird, Tum'as Beis ha'Bli'ah applies to one who eats what is inside, not to one who eats what is outside.
2. (Even though it is not normal to eat eggs inside a carcass, it is considered eating!)
(p) Answer: It is normal to eat something inside something detached, it is not normal to eat something attached to the ground.
(q) (Rav Tivyomi bar Kisna): If one plants Kilayim in an Atziz she'Eino Nakuv, it is forbidden.
(r) Objection (Abaye): Had he taught that one is lashed for this, that would be a Chidush;
1. What is the Chidush to say that it is forbidden, i.e. mid'Rabanan this is considered planting? A Mishnah teaches this!
2. If Terumah was taken from an Atziz she'Eino Nakuv on an Atziz Nakuv, it is Terumah, Terumah must be taken again.
2) THE FIVE GRAINS
(a) (Mishnah): (Doughs made from any of) the following are Chayav in Chalah - wheat, barley, Kusmin, Shiboles Shu'al, Shifon, they join with each other (this will be explained);
(b) It is forbidden to eat Chadash of these grains before the Omer (this is the text of most Meforshim), or to harvest them before Pesach.
(c) If Hashrashah was before the Omer, the Omer permits them; if not, they are forbidden until nest year's Omer.
(d) (Gemara - Beraisa): Kusmin is a type of wheat (it is also a type of barley), Shiboles Shu'al and Shifon are types of barley;
1. Kusmin is spelt, Shiboles Shu'al is oats, Shifon is rye.
70b---------------------------------------70b

2. These grains are Chayav in Chalah, rice and millet are exempt.
(e) Question: What is the source that these are exempt?
(f) Answer (Reish Lakish): We learn from a Gezerah Shavah "Lechem-Lechem" from Matzah;
1. It says "V'Hayah ba'Achalchem mi'Lechem ha'Aretz (Tarimu Terumah la'Sh-m, i.e. Chalah)", and Matzah is called "Lechem Oni".
(g) Question: What is the source that Matzah must be of the five grains?
1. Answer (Reish Lakish): "Lo Sochal Alav Chametz Shiv'as Yomim Tochal Alav Matzos" - Matzah must be made from something that can become Chametz, rice and millet cannot become Chametz (they merely spoil.)
(h) (Mishnah): They join with each other.
(i) (Beraisa): Grain, flour and dough join with each other.
(j) Question: Regarding what Halachah do they join with each other?
(k) Answer #1 (Rav Kahana): They join (to the Shi'ur of a k'Zayis to be liable) for (eating) Chadash;
(l) Answer #2 (Rav Yosef): They join for Chametz;
(m) Answer #3 (Rav Papa): They join for Ma'aser Sheni (one who eats a k'Zayis outside Yerushalayim is lashed);
(n) Answer #4 (Rava): They join (to the Shi'ur of an egg) for Tum'as Ochlim;
1. The Beraisa teaches that grain and flour must be similar to dough in order to join, i.e. the food itself without waste.
(o) Support (Beraisa): Wheat joins (other foods for Tum'as Ochlim) whether or not it was shelled, barley joins only if it was shelled. (Even the barley itself does not join, for the shell separates between it and the edible food.)
(p) Question (Tana d'vei R. Yishmael): (Tum'ah applies to) "Kol Zera Zeru'a" - the way people plant seeds, the wheat, barley or lentils are still in their shells.
(q) Version #1 (Rashi) Answer: If the shell is wet, it joins (for it is edible; alternatively, for it is a proper Shomer, it will not fall off), if it is dry, it does not.
(r) Version #2 (Rambam (5:12)) Answer: If the shell is wet, it does not join; if it is dry, it joins (Kesef Mishnah - it is normally planted when dry.)
3) WHEN ONE MAY HARVEST "CHADASH"
(a) (Mishnah): It is forbidden to eat Chadash of these grains before the Omer.
(b) Question: What is the source of this?
(c) Answer (Reish Lakish): A Gezerah Shavah "Lechem-Lechem" from Matzah teaches that (Tosfos; Rashi - only) these are forbidden before the Omer.
(d) (Mishnah): It is forbidden to harvest them before Pesach.
(e) Question: What is the source of this?
(f) Answer (R. Yochanan): We learn from a Gezerah Shavah "Reishis-Reishis" from Chalah.
(g) Version #1A (our text, Rashi) Question: What does it mean '(it is forbidden to eat) before the Omer'?
(h) Version #1B (Tosfos) Question: What does it mean (it is forbidden to harvest) 'before Pesach? (End of Version #1B)
(i) Answer #1 (R. Yonah): It means 'before the Omer is harvested' (afterwards, at daybreak of the 16th, it is permitted); (Shitah Mekubetzes switches the opinions of R. Yonah and R. Yosi, to conform with Version #2 below; Birkas ha'Zevach switches the opinions below.)
(j) Answer #2 (R. Yosi Barzavda): It means 'before Hakravas ha'Omer.'
(k) Objection (Mishnah): It is forbidden to eat Chadash of these grains before the Omer, or to harvest them before Pesach.
1. (It is forbidden to harvest on Yom Tov, it is not permitted until the second night of Pesach.)
2. We understand according to R. Yosi, the Tana had to teach separately when each of these is forbidden;
3. But according to R. Yonah, eating and harvesting are both forbidden until the Omer is harvested (Rashi; Tosfos - offered) - it should say, it is forbidden to eat or harvest before the Omer)! (Rashi - even though eating is forbidden until daybreak, it is possible that the harvest will be done just before this.)
(l) Version #2: The Amora'im argue about the Seifa.
1. (Mishnah): If Hashrashah was before the Omer, the Omer permits them...
2. Question: What does it mean 'before the Omer'?
3. Answer #1 (R. Yonah): It means 'before the Omer is harvested.'
4. Answer #2 (R. Yosi Barzavda): It means 'before Hakravas ha'Omer.'

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