Menachos 71 - THE
1) THE "OMER" PERMITS WHAT ALREADY TOOK ROOT
(a) Question (R. Elazar): The Mishnah says that if Hashrashah was before the Omer, the Omer permits it - what is the source?
(b) Answer #1 (R. Oshaya (the Amora)): It says that the Omer is brought from "Aviv" (fully ripened grain) - this implies that what is not Aviv is Pasul for the Omer, but becomes permitted (to eat.)
(c) Rejection: Perhaps the Omer permits grain that is a third ripened (this is like Aviv), but not if there was only Hashrashah!
(d) Answer #2 (Shmuel): (We count the Omer) "Me'Hachel Chermesh" - this implies that what cannot be cut (i.e. Hashrashah, it has not yet grown above ground) is Pasul for the Omer, but becomes permitted!
(e) Rejection: Perhaps the Omer permits grain that has grown a little, i.e. fodder (one does not cut it with a sickle), but not Hashrashah!
(f) Answer #3 (R. Yitzchak): "(Me'Hachel Chermesh) ba'Kamah" -- this implies that what is not standing in the field (i.e. Hashrashah) is Pasul for the Omer, but becomes permitted!
(g) Rejection: Perhaps the Omer permits Agam (grain that has grown just enough to bend it over onto itself), but not Hashrashah!
(h) Answer #4 (Rava): "Asher Tizra" (the verse discusses Shtei ha'Lechem, it permits (for Korbanos) what the Omer permitted to people - it follows that the Omer permits Hashrashah.)
(i) Question (Rav Papa): If so, even what was Nizra (planted, even before Hashrashah) should be permitted!
(j) Answer (Rava): It says "Ba'Sadeh" (this is not until Hashrashah.)
2) REAPING THE "OMER"
(a) (Mishnah): One may harvest Beis ha'Shelachin in (some texts - or) a valley, but one may not make piles of the grain;
(b) In Yericho, they would harvest (Beis ha'Shelachin) with Chachamim's approval, they made piles against the will of Chachamim, but Chachamim did not protest.
(c) One may harvest fodder to feed it to his animal;
(d) R. Yehudah says, this is only if he started harvesting before it was a third grown - one may not start after this;
(e) R. Shimon says, even after this he may start to harvest to feed his animal.
(f) One may harvest:
1. For the sake of young trees (to avoid Kilayim, e.g. grain sprouted by itself amidst growing trees, or vice-versa; alternatively, so the grain will not harm the trees);
2. To make room for (people for) Birkas Avelim or room to learn.
(g) One may not tie bundles of grain, one may make bundles without tying them.
(h) L'Chatchilah, barley should be cut (Lishmah) for the Omer; if there is no attached barley, we may use detached sheaves.
(i) L'Chatchilah, moist barley should be used; if there is no moist barley, we may use dry.
(j) L'Chatchilah, the barley should be cut at night; if it was cut during the day, it is Kosher; it overrides Shabbos.
(k) (Gemara - Beraisa - R. Binyamin) Contradiction: It says "U'Ktzartem Es Ketzirah" (it is permitted to reap before the Omer), and it says "(Omer) Reishis Ketzirchem El ha'Kohen" (the Omer must be the first reaping!)
1. Resolution: One may not reap (before the Omer) from a field from which the Omer may be brought, one may reap from a field from which the Omer may not be brought.
2. Suggestion: We should say, one may not reap barley, for the Omer is brought from barley, one may reap anything else, since the Omer may not be brought from it!
3. Rejection: R. Yochanan (70B, 3:f) taught that none of the five grains may be reaped before the Omer.
(l) (Mishnah): In Yericho, they would harvest with Chachamim's approval, they made piles against the will of Chachamim (but Chachamim did not protest.)
(m) Question: Who is our Tana, who specifies whether or not Chachamim protested?
(n) Answer: It is R. Yehudah (this will be explained).
(o) Question: R. Yehudah holds that Chachamim disapproved of the pre-Omer harvest in Yericho (unlike our Tana!)
1. (Beraisa - R. Meir): Six things were done in Yericho, Chachamim approved of only three of them:
i. They would graft date trees the entire day of Erev Pesach (Melachah is forbidden, almost like Chol ha'Mo'ed - they held that this is not an important Melachah);
ii. They were Korech Shma Yisrael (they did not pause between words - some say, between 'Yisrael' and 'Hash-m', or between 'Echad' and 'Baruch');
iii. They harvested before the Omer.
2. Chachamim disapproved of three:
i. They made piles of grain before the Omer;
ii. They benefited from branches of Hekdesh carob or sycamore trees;
iii. 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.
3. R. Yehudah: If Chachamim approved, everyone would do so (not only in Yericho!)
4. Rather, Chachamim disapproved of all six; three of them they did not protest - grafting the entire day, Korech Shma, harvesting and making piles before the Omer;
i. They protested about three - 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) of vegetables.
5. Counter-question: Surely, the Beraisa is mistaken - it says that they disapproved of six, but it lists seven!
(p) Answer to both questions: We must delete harvesting (and making piles) from R. Yehudah's words in the Beraisa.
3) PREMATURE HARVESTING
(a) (Mishnah): One may harvest fodder and feed it to his animal.
(b) (Mishnah): The following are a division regarding Pe'ah (they obligate leaving a separate Pe'ah on each side):
1. A Nachal (Rashi - valley; Rambam - river; Rashbam - rocky area), a Shelulis (pond, or irrigation ditch), a public or private road, or a public or private path that is used in winter and summer;
2. A fallow field, a plowed field, a different crop;
3. R. Meir says, if an area was harvested for fodder,
4. Chachamim say, it does not divide unless it was plowed. (Harvesting for fodder is like the beginning of normal harvesting, therefore it does not divide.)
(c) (Rabah bar bar Chanah): R. Meir holds like R. Shimon who permits harvesting fodder (before the Omer) to feed animals even after one third growth;
1. He holds that harvesting fodder is not considered harvesting.
(d) Objection (Rav Acha bar Huna): If (the produce in) the middle of a field was taken by locusts or ants, or if the wind detached it, all agree that it requires separate Pe'os if and only if the place was plowed.
1. Surely, it means that R. Meir (who in the Mishnah is Mechayev two Pe'os even if it was not plowed) admits in this case.
2. If the Mishnah (of Pe'ah) discusses produce less than one third grown, we can say that the Beraisa discusses (produce at least) a third grown;
3. But if the Mishnah also discusses produce that grew a third, and R. Meir does not consider human reaping to be reaping, all the more so (in the Beraisa) reaping not done by people should not be considered reaping (he should require two Pe'os, even if it was not plowed!)
(e) Rather, R. Meir holds like R. Yehudah, who permits continuing to harvest after one third growth, but forbids starting to harvest then.
(f) Objection: Granted, R. Yehudah says that harvesting fodder for animals is not considered harvesting - we have no source that he says that harvesting fodder for people is not considered harvesting!
1. If he would say so, we would have a three-way argument in the Mishnah (whenever R. Yehudah says 'This is only when' (in the Mishnah), he comes to explain the first Tana. Rashba - it is not enough to say that R. Yehudah explains the first Tana, for they could still argue about matters that R. Yehudah did not discuss.)
(g) (Rav Dimi): R. Meir holds like his Rebbi, R. Akiva, who says that premature harvesting for people is not considered harvesting.
1. (Mishnah - R. Akiva): If one harvested scattered patches in his field and left over moist patches, he leaves one Pe'ah for each of them;
2. Chachamim say, he leaves one Pe'ah for all of them.
3. (Rav Yehudah): R. Akiva's law is only when he harvests for Klayos (i.e. before one third growth), but not if he harvests to store the grain (Tosfos - after one third growth; Rashi - when it is fully ripe).
(h) Question: But Ravin cited R. Yochanan to say that R. Akiva requires separate Pe'os even when he harvests to store the grain! (Presumably, Rav Dimi's teaching should also be like R. Yochanan (his Rebbi) - but R. Meir required only one Pe'ah even when locusts ate after a third growth, all the more so when people harvested - this is unlike R. Akiva!)
(i) Answer: R. Meir holds like R. Akiva before one third growth, not after one third growth.