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Previous daf Avodah Zarah 62
*****PEREK #5 HA'SOCHER ES HA'PO'EL*****
1) [line 7] LEGINO - his bottle, flask [of Yayin Nesech]
2) [line 9] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkus. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
(c) Although it is forbidden to benefit from fruits of Orlah, if one
transgresses and sells the fruits, the money that he receives in return is
not forbidden, as our Gemara teaches.
3) [line 10] KIL'EI HA'KEREM
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Although
the term "Kil'ayim" refers to many different types of forbidden mixtures
(see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains
in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash
ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow
your vineyard with other species, lest the fruit of the seed which you have
sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According
to some Tana'im, even if one finds other crops growing in his vineyard and
does not remove them, he transgresses this prohibition (Makos 21b). One who
intentionally transgresses this prohibition is liable to receive Malkus.
(See Background to Bava Basra 36:4.)
(c) The grapevines and the vegetables or grains that grow in a vineyard that
has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must
be burned, as the Torah states, "Pen *Tikdash* ha'Melei'ah...," which the
Gemara translates as, "lest the produce (of that vineyard) have to be burned
('Tukad Esh')" (RAMBAM Hilchos Kil'ayim 5:7).
(d) Although it is forbidden to benefit from fruits of Kil'ei ha'Kerem, if
one transgresses and sells the fruits, the money that he receives in return
is not forbidden, as our Gemara teaches.
4) [line 10] MACHRAN V'KIDESH BI'DEMEIHEN MEKUDESHES - if he sold them and
married a woman with the money, she is married to him (see Background to
5) [line 11] TOFES ES DAMAV K'AVODAS KOCHAVIM - it (the Yayin Nesech) takes
hold of its money (the prohibition of benefiting from Yayin Nesech is
transferred to the money received in exchange for Yayin Nesech or in return
for working with Yayin Nesech) just like Avodas Kochavim (whereby the
prohibition of benefiting from an object of Avodah Zarah is transferred to
the money paid in exchange for it)
6) [line 12] SHEVI'IS D'TOFESES ES DAMEHA - Shevi'is, the Kedushah of which
takes hold of its money (SHEVI'IS: TOFESES DAMAV)
(a) See Background to Avodah Zarah 50:19.
(b) When one sells fruit of Shevi'is, the Kedushah of the fruit is
transferred to the money paid in exchange for it (the fruit itself remains
Kadosh as well).
7) [line 13] HEILACH DINAR ZEH - take this Dinar coin ("Hei Lach" -- lit.
here it is for you [to take])
8) [line 14] LEKOT LI BO YEREK HA'YOM; SECHARO ASUR - sell to me, for the
Dinar, a vegetable today (lit. "pick for me" a fruit of the value of this
Dinar); in such a case, his wage (the Dinar) is forbidden (BI'UR)
(a) See Background to Avodah Zarah 50:19.
(b) When each type of produce of Shevi'is is no longer available in the
fields, there is an obligation to perform Bi'ur on it and on all of the
items for which it was exchanged (Pesachim 52a). The Rishonim argue with
regard to the definition of Bi'ur.
1. The RAMBAN (to Vayikra 25:7) writes that one is obligated to remove the
items from his house and *declare them Hefker (ownerless)* such that they
may be taken by any passerby. (One may later reacquire ownership of the
produce.) If Bi'ur was not done at the right time, the produce becomes Asur
(c) The laws of Bi'ur also apply to money received in exchange for Shevi'is
fruit (i.e. the money must be used to buy food which must then be eaten
before the time of Bi'ur passes).
2. According to the RAMBAM (Hilchos Shemitah 7:3), Bi'ur means to destroy
the produce completely. At the time that it is no longer available in the
fields, eating it becomes prohibited.
3. The RA'AVAD (ibid.) rules that there are two types of Bi'ur. At the time
that an item of produce becomes unavailable in the fields *in a certain
place*, one must declare it Hefker (like the opinion of the Ramban). At the
time that it becomes unavailable *in all of Eretz Yisrael*, one must destroy
the produce completely (like the opinion of the Rambam).
9) [line 15] LEKOT LI YEREK HA'YOM; SECHARO MUTAR - pick for me a vegetable
today; in such a case, his wage (the Dinar) is permitted
10) [line 16] CHAMARIN - donkey-drivers (who do work with Shevi'is fruit,
such as transporting them)
11) [line 20] "L'OCHLAH" V'LO LI'SECHORAH - the verse states, "l'Ochlah" -
"to be eaten" (Vayikra 25:6), but not to be traded. The Torah writes that
the produce of Shevi'is is ours to be eaten, from which Chazal infer, "To be
eaten, but not to be traded."
12) [line 20] KADOSH SECHARAN BI'KEDUSHAS SHEVI'IS - their wages are
consecrated with the sanctity of Shevi'is (and must be treated accordingly)
13) [line 1] HA'ALEH LI PEIROS HALALU L'YRUSHALAYIM - bring up this fruits
for me to Yerushalayim (MA'ASER SHENI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from
it. Until the Terumos have been separated, the produce is called Tevel. The
punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim (without Pidyon,
redemption -- see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni
2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it
may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which
case the money used to redeem it is brought to Yerushalayim. If the owner
himself redeems the produce, he must add an additional *fifth* (of the
ensuing total, or a *quarter* of the original value). The food that is
bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and
must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides
the owner is exempt from the additional fifth.
14) [line 1] L'CHALEK - to divide (that is, the person who transports the
fruit of Ma'aser Sheni to Yerushalayim will receive a portion of the fruit
as his payment)
15) [line 5] D'LO NAFISH AGREI - that his wage is not large
16) [line 8] STAM YEINAM (STAM YEINAN: ISURA CHAMUR / TUM'ASO KIL)
(a) Wine that was poured as an idolatrous libation is called Yayin Nesech
and is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev
Zevacheimo Yochelu, Yishtu *Yein Nesicham*" - "Those who ate the fat of
their sacrifices, and drank the wine of their drink offerings" (Devarim
32:38), which compares the wine of libations to an animal sacrificed for
(b) The Chachamim prohibited the wine of a Nochri that was not poured as a
libation (Stam Yeinam) out of fear that drinking wine together would lead to
intermarriage. In order to avoid confusion between Yayin Nesech and Stam
Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah,
even though it is only an Isur mid'Rabanan. This severe nature of the
prohibition is referred to as "Isura Chamur."
(c) However, Stam Yeinam is not completely like Yayin Nesech. Yayin Nesech
is Metamai like Tum'as Mes, while Stam Yeinam is Metamei only like Tum'as
Ochlin. This is referred to as "Tum'aso Kil" (its Tum'ah is less severe; see
Background to Nazir 54:13).
17) [line 11] D'AGAR ARBEI - who rented out his boat
18) [line 12] YAHAVU LEI CHITEI B'AGRA - they gave him wheat as payment
19) [line 13] ZIL KALINHU V'KAVRINHU (B'KIVREI) BEI KIVREI - go burn them
(the wheat) and bury them in a cemetery
20) [line 14] BADRINHU - scatter them
21) [line 14] ASU BEHU L'YDEI TAKALAH - the scattered wheat will cause
people to transgress (lit. they (the people) will come, by way of them (the
wheat), to transgression)
22) [line 15] DILMA MEZAVLEI BEHU - perhaps they will fertilize [their
fields] with them
23) [line 16] ECHAD EVEN SHE'NISKAL BAH, V'ECHAD ETZ SHE'NISLEH ALAV... -
both the stone with which one was stoned, and the tree upon which one was
hanged... (ARBA MISOS BEIS DIN)
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din,
in their order of stringency are:
1. Sekilah (stoning, whereby the transgressor is thrust down from the height
of two stories, and then (if he is still alive) a large rock is thrown down
upon him). Some examples of sins for which Sekilah is administered:
desecrating the Shabbos; idol worship; cursing (Chas v'Shalom) G-d;
bestiality; sodomy; certain illicit relations (Sanhedrin 53a).
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin
49b), the order of their stringency is Sereifah, Sekilah, Chenek and Hereg.
2. Sereifah (burning with molten lead, which is poured down the throat).
Sereifah is administered of certain illicit relations (Sanhedrin 75a).
3. Hereg (killing with a sword) (Sefer ha'Chinuch #50). Hereg is
administered for Avodah Zarah, when performed along with most of the
inhabitants of an Ir ha'Nidachas, and for murder (Sanhedrin 76b).
4. Chenek (strangulation) (Sefer ha'Chinuch #47) - Chenek is administered
for wounding one's parents; Zaken Mamrei; Navi Sheker; certain illicit
relations (Sanhedrin 84b).
24a) [line 18] SAYIF - sword
b) [line 18] SUDAR - the strap of cloth used for Chenek (see previous
25) [line 19] B'VEI DINA - in [the cemetery of] Beis Din (as the Mishnah
Sanhedrin 46a states, "Two cemeteries were designated for [those who were
killed by] Beis Din: one for those who were hanged and choked and one for
those who were stoned and burned." Since it is obvious that any objects
unearthed in these cemeteries are Asur b'Hana'ah, we need not be concerned
that anyone will come to benefit from them -- RASHI)
26) [line 21] EIMAR INISH GANAV V'AISI (KIVRA) KAVRINHU HACHA - it is
possible for someone to say (i.e. think), "a thief must have stolen [this
wheat] and brought it [into this cemetery] and buried it here"
27) [line 22] D'VEI REBBI YANAI - the house of Rebbi Yanai (the members of
which were known to be wealthy -- see Kidushin 11a)
28a) [line 22] YAZFEI - they borrowed [fruits of Shevi'is] (RASHI)
b) [line 23] PAR'U - they (the house of Rebbi Yanai) paid back [fruits of
the eighth year] (RASHI)
29) [line 24] YA'US HEN AVDIN - they are conducting themselves properly
30) [line 24] KENEGDAN B'ESNAN MUTAR - and a similar case with regard to
Esnan (the wage of a harlot, e.g. a sheep) is permitted [to be offered upon
the Mizbe'ach] (ESNAN)
(a) An Esnan is an item given to a harlot for her wage, which may not be
brought as a Korban (sacrifice), as stated in Devarim 23:19. For example, if
a person gives a sheep to a harlot as her wage, she, or anyone else, may not
designate that sheep as a Korban.
(b) When a person gives a harlot her wage some time after the fact, it is
not considered an Esnan, but rather a mere present. As such, it is not
prohibited to be brought as a Korban.