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Maaser Sheni 4.12-5.3 · Time4Mishna

• 0:04
  Who says to his son, my sesheini bezovis Zoy, you will find my sashayni in this corner. He tells him, go to my house in a specific corner over there there's my sashayni money. And he tells him the amount of my sashayni money which is there. And the son goes, and he finds the same amount of money but in a different corner. The question is, does he assume that that money is my sashani money and it was moved from one corner to another, or does he assume it's different money altogether? And the answer is, he can assume that the new money is and the mysheyni money was just removed somewhere else. And the reason for this is because since there was no money in this location before, we use the principle of rave of the majority to say that since most money is, we assume that the money which is put in this location is chulin and this money has no halakhic connection, if you like, to the mysoshani money which was in the other corner. The reason being that it was in a different location. However, says the mission, if it was in the same location and the father told him, he told him, you'll find in that corner 100 zoos of my sashimi money. And the sun goes and he finds there is money in that corner. However, what's the masayim, he found 200 zoos in that corner. So do we assume that there were 100 zoos was removed and 200 Zozo's put back of khulan money, or do we assume that 100 zoos were just added to it? So the answer is, since it's in the same location and we Knew There was 100 zoos here before, and there still is at least 100 zoos over here now. So we use the principle of hazaka, which means that we assume something remains in the same state as it was previously. So since we know as a fact that there was my money in this corner before and that is still possible. So the principle of chazaka tells us that we need to assume that the hundred zuz over there is still considered my sashayni and therefore hasha the rest of it, only 100 of the 200 Zuz is Cholin, we assume that was added, but 100 Zeus will remain my sashayini, as we explained. Now what happens if the father says, Mosayim, there's 200 Zus of my there and the sun goes. But umotsamone, he only found 100 ZUS, says the mishnah Hat kol meissa, all of the 100 Zuz is considered my sashani, since once again we use the principle of chazaka. And that would tell us that since it's in the same location, we assume it's the same money as was there before. It's true, half of it was removed, but that which is there, we assume to be the my sashani money, which the father knew was there originally, and therefore you would have to treat the 100Z as my Sashayne.
• 2:28
  The final perek of the masekhtah, at least the first half of it, discusses something called netarevoy. The Torah says that when you plant a fruit tree, for the first three years of that fruit tree's life, all of the fruit on the tree are totally forbidden to eat or to even benefit from. And that is known as the prohibition of orla. That's during the first three years. Now, the fourth year fruit, all of the fruit which grew during the fourth year are known as netaravoi, and they need to be brought up to Yerushalayim and eaten over there. So you can already see there's a similarity between netar.
• 3:00
  Now, the solemnarity goes further, because if you can't bring up all of the fruit to Yerushalayim, or if it's difficult for you to transport all of it, you're allowed to redeem it onto money, bring the money up to Yerushalayim, and spend the money on food in Yerushalayim. Sounds very familiar. And it's for that reason that the Mesekhta dedicates half a perek to discuss the halachas of netaravari in my sashini, because there are many similarities between the two. Now, although the Mishnah will refer to kerem ravarin, which refers to fourth year fruit in a vineyard specifically, that's only because, according to one opinion, the whole concept of netaravoi only applies to vineyards. However, most pascan that it applies to all fruit trees. And according to that opinion, in the Gemara, whenever the mission refers to keremovoi, it should really say netaravoi, be it as it may, since it's forbidden to eat netaravoy outside of Yerushalayim, if somebody has kermavoi, a vineyard which is in its fourth year, and as we explained, this would apply to all other fields as well, of fruit trees, the halach is that one needs to place a mark and a signal next to them, because adama of large pieces of earth, they would place pieces of hard earth next to such trees and next to such vineyards in order to warn people, this is a ravoi field. And at least according to this opinion, in our mishnah, the main concern is a thief. If a thief comes and steals your fruit, he won't know that it's a ravoi field, and he'll end up violating the prohibition of eating netarvoi outside of Yerushalayim. And therefore, in order to warn him that it's a ravary field, it needs to be signaled.
• 4:32
  And if somebody has a field or a vineyard of orloh fruit in the first three years, he should signal it. He should put clay next to it, and that would become the signal which was known as the orla signal. Now, the reason why they would use these specific signals and marks is in order to highlight a very significant difference between orla and revoi. As we explained, just like my saini, net hervoi can be redeemed unto money, which means that the fruit which are netter voye, although right now they are forbidden to be eaten outside of Yerushalayim, there is a way for them to become permitted. And so there is a way for you to benefit from it even outside of Yerushalayim. And in that way, it's similar to the earth, because earth as it is, you can't benefit from earth straight away. However, there is a way. If you plumb earth and you plow it and you go through the whole processing of the earth, then in the future you will be able to benefit from the earth. So that way it's similar to ravoya, which, although right now it's forbidden to benefit from outside of Jerusalem, in the future it can become permitted by redeeming it. On the other hand, orlor cannot be redeemed. You don't bring up your orlor to Yerushalayim, Arlo is completely forbidden. And that's why the signal of orlor is clay, because clay can never really be planted, so you'll never be able to benefit from clay in the same way as you can benefit from earth. Now, while we're on the topic of signaling areas, the Mishnah says we shall kavaris graves. These need to be signaled because if somebody walks over a grave, he becomes Tommy. Number one, khanim can't become Tommy. And number two, if you do become Tommy, you need to know that you became Tommy so that you don't come to eat my sashani, for example, until you purify yourself. And for all the other laws which apply to a tommy person. So one needs to know whether he's tommy. And therefore graves need to be marked. And the way they are marked is basid with lime or mamkheh. And they would dissolve the lime in water, the shafay, and pour it around the grave. So they wouldn't pour it quite on the grave, but a couple of steps away from the grave they would pour the lime in order to make sure that people notice the lime before actually becoming tommy and stop in their tracks before stepping over the grave. And the significance of this symbol, of this mark, is that lime, especially when it's dissolved in water, is very, very white, just like the color of bones. And so in that way it symbolizes and represents the grave. Now returns to the discussion of Orvai. And Omar says, why are you being so concerned that a thief who takes my produce without permission is going to end up doing an avera with that fruit? It's forbidden for him to take it anyway. I need to be responsible for making sure that if he does the first forbidden thing, he won't be transgressing another av. That's not my responsibility. And therefore, if the only concern is a thief, one does not need to go to the bother of signaling these areas, rather bamin, zorama, murim. When are these words said that you do need to signal the ravoi and the arala trees, that's bashevius and the shmitoye, because in the shmitoye, which comes every seven years, Allan's produce in his fields become hefka for anybody to come into his field and take the fruit. So during that year it's permitted to take somebody else's fruit because it's considered ownerless. And so then, since it's permitted for them to take it during that year, the owner needs to make sure that he signals clearly the arlo and the ravai trees, so the people know not to take those ones, since those are forbidden to eat, and at least the ravary one is forbidden to eat outside of yerushalayim. Now the mission ends off that. Although according to Shimring Amliel, we're only concerned about preventing those people who are allowed to take the fruit from doing an avera of eating orlorvai. But we're not concerned about thieves.
• 7:58
  Nevertheless, he agrees that modest and extra righteous people who want to be certain that they won't be the cause of somebody else doing an avera, what they should do is they would place down money, they would set aside some money. And they would say all the fruit which are gathered from this vineyard or from this tree field should be redeemed onto this money, so that when it comes to that person eating it, it will no longer be considered netaravoi, because as soon as he picked it off the vineyard or the tree, it was automatically redeemed onto the money. So now that will just be considered regular produce, and that way the person who eats it will not be violating an avera. Now, of course, this only works for the net aravai, because that can be redeemed. Oil or trees cannot be redeemed, and therefore there's not really any solution other than to signal the oil trees and to make the mark around there. But when it comes to neta ravari, one is able to, if he wants to, to go beyond the letter of the law in order to ensure that nobody doesn't have as a result of his produce mission base, Just like with regards to my sashini, one is allowed to redeem the nether voi produce up until he arrives to Yerushalayim. But once he has brought in the produce into Yerushalayim, then he can no longer redeem the produce, and he has to eat that produce as it is, instead of redeeming onto money and then using the burnt money to buy other food. Now we drab bonon even further out from Yerushalayim. It's also forbidden to redeem the net.
• 9:23
  Now, how far out of Yerushalayim is that? So the mission tells us that koi ravoy produce from a vineyard, and as we explained, this would apply to other fields as well.
• 9:35
  One must bring up the actual r produce as soon as it has reached a day's distance from any side of Yerushalayim. So that means that within a day's distance of Yerushalayim, as soon as one's revoid produce has entered that area, or if it was planted in that area, then it can no longer be redeemed. And the reason for this is because if everybody redeemed their produce, that would mean that everybody would be buying produce in Yerushalayim, which means that the marketplaces would get emptied out of all their produce quite quickly. However, the produce in the marketplace is very beautiful, and it's a decoration and an adornment of yerushalayim. And so in order to ensure that not all of the produce is taken away from Yerushalayim, and the marketplaces in Yerushalayim remain adorned with those fruit, we make sure that less people are allowed to redeem their produce so that they bring up their original Revoi produce. And that way less of the marketplaces in Yerushalayim, less of the fruit there will be sold and there will remain lots of fruit decorating the holy city of Yerushalayim. Now the Mishnah elaborates what exactly is the boundary of this day's journey from Yerushalayim? So Elas Minat, it's the city of Elas from the south. This is not the same as the modern day Eilat, the Akvas Minatzofein from the north, it's the city of Akrava Lud bin Amarov Lud from the west, Vayaj Mina Mizroch and the Jordan river from the east of Yerushalayim. Those cities are the boundary of the one day journey from Yerushalayim now contains the Mishnah Misharabu aperois, when the fruit, the amount of fruit in Yerushalayim increased and there was a very large supply of fruit in Yerushalayim anyway, so they didn't need to make this enactment anymore. Even if more people were to redeem their produce and buy fruit from Yerushalayim, there would still be many leftover fruit to decorate Yerushalayim. And therefore as kinu they enacted shi haynefa samuch la chaima, that once again one is allowed to redeem netar produce all the way up until the wall of Yerushalayim. And only once you brought it into Yerushalayim, only then would it be forbidden to redeem.
• 11:31
  Adds the Mishnah, this matter was made as a condition that whenever a future bastin wanted to, then y they can return the matter to what it was originally when the first enactment was made. And later on they would be able to obligate the everybody within a day's distance from Yerushalayim to bring out the produce itself. Now the obvious question is why do they have to make this condition? Why can't a future based in just make that enactment? Why do they have to revert to the original takon or the original decree just made their own decree. And the answer is a very important rule that a Bastin is not allowed to go against the previous bastin's decree unless they are greater than the previous bastin. And that's why I had to make this whole condition, so that as soon as there would no longer be lots of fruit, a future Bastin, even if it's less great than the previous Bastin, would be able to obligate everybody within a day's distance of Yerushalayim to bring up their produce. Now, Rabbi Yasi argues on one thing which happened and according to.
• 12:33
  This condition was made when the Beis ham was destroyed. Meaning that the reason why they got rid of the decree that people need to bring actual produce was not because there was enough in Yerushalayim.
• 12:45
  Rather, it's because the Beit Hamidra was destroyed and therefore there's certainly no reason to decorate the streets of Yerushalayim when it's in enemies hands. Now, if that was the reason, then it follows that what exactly was the condition?
• 12:58
  The condition was when the bis hamidos will be rebuilt once again, then the matter and the decree will return to what it was. Then everybody within a day's distance from Yerushalayim will need to bring up actual fruit instead of redeeming them.
• 13:14
  So we have seen that in many ways nether voi is similar to my seshani. It has to be eaten in rusholayim. Its redemption laws are very similar. The question is, how far do we take this connection between my sochini and eteravari, and do they have exactly the same laws or not? Now, when the Torah discusses redeeming my sashani, it says that one needs to add on a fifth of its value, or actually a quarter, as we have explained. And the parasha of redeeming and adding a chimesh is only spoken about in the Torah with regards to my sashani, but not Kerem Ravoy. Now another law which is only stated about my sashani in the Torah is the law of beer, which we're going to learn more about to the end of this perek. But be refers to the requirement to destroy or make sure you have eaten all of the my sashani by the following pesach, by the pesach of the following year. So if you haven't eaten it all by then, then you need to destroy it, and that is known as beer. But again, that is only stated in regards to my sashani. And therefore.
• 14:10
  The law of adding on a chemesh does not apply to it, and neither do the laws of be apply to it. Although there are similar halochas between netaravoy and Mashaeni, they aren't the same, and those laws are only discussed with regards to my saini. However, both of these laws do apply to Neter Avari. And Basil learned this out of a Gzer shover, which is when two of the same words or very similar words appear in two different places. And as a result, you can learn laws from one to the other. So in this case, the Torah refers to both netaravoi and my sashni, using the word kodesh. And because of that, we can apply laws which apply to my sashini, also to netaravoi. Now, another fundamental nachloikas between beishama and beish hillel with regards to netaravoi is whose property it is considered to be. According to a shammai, neter voi is considered to be momoin bailim, the possession of the owner of the produce, the owner of the field. And because of that, just like the rest of his produce, it's obligated in the various tithes and the gifts for the poor people. And since the Mishnah is talking about care and revoir, a vineyard, although the halogh is applied to net aravay as well, since we're discussing a vineyard, the gifts of parrots, which are grapes which are dropped, and oils, which are grapes, which are underdeveloped, not fully ripe. And those are two gifts which go to the poor, according to a shamai, that applies to a void, just like it applies to all other food, since it is considered to be the possessions of the owner. And of course, the other gifts for the poor, such as leket and shika, that would also apply to netaravoi.
• 15:42
  And then when the poor people get it, they need to redeem it for themselves and bring it out to yerushalayim, as you would usually do in that.
• 15:49
  Because giving it to the poor doesn't get rid of the fact that it's.
• 15:52
  And so the poor people need to treat it as such. On the other hand, obey sila, say my sashini is not considered momoin bailim. Rather it's momin gavaya, which means it's the possession of, as it were, hashem, it's heaven's possession. And because of that is it is exempt from the various tithes and the various gifts for the poor people. And so you can take all of the grapes to the wine, press, process it into wine, and then redeem the wine and bring it up to yerushalayim. And that can be done with all of the grapes of the field, because no gifts need to be given to the poor.