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Sotah 43

SOTAH 43 - Sponsored by Martin Fogel of California, for a Refu'ah Shelemah for Hendel bas Chava, and Hava Rivkah bas Hendel.

1) [line 6] LIPARA DIN - to exact payment (punishment) for the judgement [of]
2) [line 10] PITEM - fattened
3) [line 11] PITPET - belittled [and conquered]
4) [line 12] MEVAZIN - they were disgracing him

In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim. The process of redeeming the fruits of Reva'i for money is called "Chilul" (lit. "making them un-holy").

6a) [line 26] NOTE'A - plants
b) [line 26] HA'MAVRICH - one who puts a shoot from a vine into the ground with its end sticking out of the ground to produce a new plant (once it has rooted, the connecting shoot is severed)
c) [line 26] HA'MARKIV - one who grafts a branch from one tree onto another tree

7) [line 30] SHOMERES YAVAM
If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum. While the Yevamah is waiting for Yibum to be performed, she is called a Shomeres Yavam.

8) [line 32] MA'ARCHEI MILCHAMAH - [the criteria of] those who wage war (i.e. the announcement of the Kohen who may go to war and who must return home)

9) [line 32] MESAPKIN - supply, provide

10a) [line 33] BEIS SHA'AR - a small guardroom next to a gate through which people pass
b) [line 33] ACHSADRAH - a structure that is covered by a roof and is enclosed on three of its sides
c) [line 33] MIRPESES - a balcony, a landing

11) [line 34] ILANEI SERAK - trees that do not produce fruit, such as Arazim (cedar) and Shikmim (sycamore)

12) [line 35] NESINAH, NESIN
(a) In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

13) [line 36] AL MECHONO - [a house demolished and rebuilt] on its original place [and with its original size]

14) [line 36] BEIS LEVEINIM - a brick house
15) [line 36] SHARON - a place where the ground could not support structures made of brick, and they needed to be re-fortified twice every seven years. The Sharon is the coastal area in Eretz Yisrael, stretching from the Yarkon River in the south until Mount Carmel in the north. The earth of the Sharon is comprised of mountain erosion and is very soft.

16) [line 38] "KI YIKACH ISH ISHAH CHADASHAH, LO YETZEI BA'TZAVA, V'LO YA'AVOR ALAV L'CHOL DAVAR; NAKI YIHEYEH L'VEISO SHANAH ACHAS V'SIMACH ES ISHTO ASHER LAKACH." - "When a man takes a new wife, he shall not go out in the Tzava (army), nor shall it charge him with anything; he shall be free to his house for one year and shall cheer his wife whom he has taken." (Devarim 24:5)

17) [line 42] MI"V'NIGASH" V'AD "V'DIBRU" - [the Kohen Meshu'ach Milchamah would speak the words, and the Kohen (a different Kohen, according to the Rambam Hilchos Melachim 7:3) would announce them loudly] from after the words "v'Nigash ha'Kohen v'Diber El ha'Am" (Devarim 20:2) until the words "v'Dibru ha'Shotrim" (ibid. 20:5) (i.e. verses 3 and 4 -- see Background to Sotah 42:14d:2-3)

18) [line 43] MI"V'DIBRU" V'AD "V'YASFU" - [the Kohen Meshu'ach Milchamah would speak the words, and a Shoter would announce them loudly] from after the words "v'Dibru ha'Shotrim" (ibid. 20:5) until the words "v'Yasfu ha'Shotrim" (ibid. 20:8) (i.e. verses 5, 6, and 7 -- see Background to Sotah 42:14d:4-6)

19) [line 43] MI"V'YASFU" VA'ELACH - [the Shoter would speak the words, and another Shoter would announce them loudly] from the words "v'Yasfu ha'Shotrim" (ibid. 20:8) onward (i.e. verse 8 -- see Background to Sotah 42:14d:7)


20) [line 16] HARKAVAS ISUR - a prohibited form of grafting fruits (i.e. when the two fruits are of different types)

21) [line 18] YALDAH - a fruit tree that is less than three years old, the fruits of which are prohibited because of Orlah (see below, entry #23)

22a) [line 20] SHE'SIBCHAH - that one grafted one of its [fruit-laden] branches (by making it a branch of another tree)
b) [line 20] ZEKEINAH - a fruit tree that is at least three years old, the fruits of which are permitted

23) [line 21] 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 Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

24) [line 23] SEYAG - [as a] border, fence
25) [line 23] KOROS - [to be cut and used for] beams
26) [line 26] IY MIMLICH ALAH - if he changes his mind about it
27) [line 26] LAV BAS MIHADAR HI - it cannot be affected by a change [of mind of the owner]

28) [line 29] ALU ME'EILEHEN - they grew by themselves
29) [line 48] SHTAYIM KENEGED SHTAYIM V'ACHAS YOTZ'AH ZANAV - a formation of two rows of two (plants) parallel to each other, with one plant protruding from the midpoint (like a "tail;" see diagram in Rashi 43a)

30) [line 51] MES TOFES ARBA AMOS LI'KERI'AS SHEMA - a corpse occupies four Amos with regard to reading the Shema (that is, one may not read the Shema when he is within four Amos of a corpse)

31) [line 51] "LO'EG LA'RASH CHEREF OSEHU..." - "One who mocks the destitute, blasphemes his Maker..." (Mishlei 17:5)

32) [line 52] CHORAGTA - a step-daughter

33) [line 53] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently slipped out of the reaper's hand while he harvested them (by cutting them underneath with a sickle) or while he uprooted them (if he is not using a sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem). Such stalks may not be retrieved by the owner but must be left for the poor, as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." If three stalks fall together, they are not considered Leket and may be retrieved by the owner.

34) [line 53] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other bundles were collected, they must be left for the poor, as described in Devarim (24:19). Also, one may not backtrack to harvest a row previously overlooked.

35) [line 53] PE'AH
The corner, or end, of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov Osam" - "Do not completely harvest the corner of your field...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." (Vayikra 19:9-10)

36) [line 54] HUKBE'U L'MA'ASER
By Torah Law, a person is required to tithe his grain only if he harvests it in a normal manner. This includes completing the stalk-to-grain process in the field, piling up the grain there and bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing). Leket, Shikchah and Pe'ah are exempt from Ma'aser. However, if a poor person piles up in a field the grain that he collected, he must set aside Ma'aser mid'Rabanan, since it appears to onlookers to be the grain of his own field.

(a) It is forbidden to plant different types of crops together as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19), and "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). If one sows Kil'ayim, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash').
(b) The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.

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