Transcript

Orlah 1.3-1.6 · Time4Mishna

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A tree could technically be obligated in oil multiple times, because if a tree is uprooted fully and then replanted elsewhere, so the oil count starts again every time it is planted, the three years begin again. So for the first three years that it is planted in its new spot, it will be forbidden to benefit from its fruit. The Mishnah is going to discuss a couple of cases where the tree is replanted, but you won't necessarily have to restart the count of the three years of Arla. Or if the three years of Arla have been completed already, then you won't have to treat it as Aral at all.
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A tree which was uprooted, however, together with the tree, the hasela imoy, this literally means the rock was with it, and it refers to the earth in which the tree was planted that was uprooted together with the tree. So you didn't just take out the roots without any earth, you took out a large amount of earth in which the tree was planted, and you took that and then you replanted it elsewhere.
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If a river flooded and swept away a tree, the earth in which the tree was planted was swept away with it. So the misha says, if the tree is able to survive in just that earth in which it is still in, so even if it wouldn't be replanted now, it would still be able to survive. So even if you do replant it, Potter, it would still be exempt from Arlo. If it has already finished its arlo, or if it's in the middle, then it would just carry on, because we consider it to be constantly growing and it never stopped its growth, and. And it's still really growing in the same piece of earth. However, if it wouldn't be able to survive just in that earth, so it has to be planted elsewhere in order to survive, then it is obligated in or, and the count would start again, since this is just like replanting a tree. And so the oral count begins once again. Now, what happens if necess, if the rock, if the earth which was underneath and around the tree, that was uprooted or swept away, but the tree remained in its place.
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However, a lot of the earth which was there got uprooted. So now you can see a lot more of the roots of the tree and the tree is a lot more above the ground than it was previously, or if the plough which he was using in his field shook the tree, and as such the earth around the tree and below the tree, a lot of it scattered away and once again, the roots of the tree are much more revealed now.
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Or something else caused the tree to shake, either a person or the wind vasoy KE offer. And that made the earth by the tree like dust. And again it's scattered away, and you're left with a tree which is in the same place, but it is far less rooted in the ground. So the Misha says, once again, if it's able to survive as it is now without you adding more earth to it, so then, potter, it's certainly exempt from Arla. You wouldn't have to restart the Count of Ara, since it's growing in the same place and you're not replanting it. And even if you do add earth to it, that's just to protect it and maybe make it grow a bit better, but it will still grow without you doing that. However, if it is not able to survive without you adding more earth to the roots, then it is obligated. You would need to start the three years again, because since it can't survive without you adding the earth, so adding the earth is like replanting it. So it will be obligated in another set of three years of Arah. M. Another case, a tree which was uprooted, or at least it was mostly uprooted. And so we're discussing where this time the earth stayed there. The earth wasn't the bit which was totally removed, rather, the actual tree and its roots was partially uprooted from the ground. However, although most of it was uprooted, one of the roots of the tree remained attached to the ground and attached to the earth beneath it, says the Mishnah potter. It is exempt from a new Count of Arla. So if it has completed its Arla cycle already, then it's totally exempt from Arlo. And if it's in the middle, then you can just carry on where you're up to. The reason being that although there's only one root left and most of them have been uprooted, nevertheless a tree can survive with just one root. It will get all of its nutrients from that one root. So since it can survive, even if you do add more earth in order to replant the roots which are uprooted, nevertheless, since it can survive anyway without you adding anything, it is exempt from a restarting of the oil account. However, the mission does save and how wide does the root need to be in order to be able to provide nourishment for the entire tree and to allow the tree to survive with just one root? Says the Mishnah Rabban Gamliel Oymer Rabban Gamliel says for Beloz Ben Yehuda, who came from Bartosa, the width only has to be kamachat sholmitun, the width of a needle, which is used to stretch out pieces of cloth. So when someone is weaving, they would use a needle to stretch the fabric sometimes. So the needle was quite thin being a needle. But even a root which is that size has enough power to provide the entire tree with nourishment, such that as long as that is still connected, you do not need to restart the orlar. Three year count. Mr. Hey. One of the ways which plants and trees can be planted is via the method called havrakha. And havra is when one takes a branch or a shoot of a tree, one which is needs to be quite flexible, and he bends it downwards while it's still attached to the tree, he bends it downwards and sticks it into the ground. And then when it is in the ground, he bends the shoot again so that it travels and grows horizontally under the ground. So again he bends it, he puts it into the ground and then bends it so that it grows horizontally along the ground, just underneath it. Now, once it's grown quite a bit under the ground, he brings it back up out of the ground a short distance away from the original tree, and then it starts growing vertically above the ground. Now, once it's grown significantly and it's developed roots of its own in that place where it is now growing vertically, so then he would cut the underground part which connects this new tree to the original tree, and then this new tree can survive by itself as its own tree. So that is the process known as havracha. The question is, what is the status of this second tree with regards to Arla? So as long as that second tree is connected to the original tree, it is considered part of the original tree. And so if the original tree is in its first three years, so its fruit are forbidden as arla, so too would the fruit of the second tree be forbidden because of arla. Now, once the second tree is cut, the connection is cut from the second tree in the original tree. Now, the second tree, it's as if that was now planted by itself. And therefore it begins its own arla as soon as that connection is cut, because it's no longer considered part of the old tree, it's now its new tree and its own tree. And as such, for the next three years the fruit may not be eaten. The first Kizvar mishnah is going to discuss a tree which had a. It had a second tree which was planted by this method of Havrachah, but the original tree was uprooted, so the original tree is now no longer growing from its own ground. However, it's still connected to the second tree. So now things have changed totally. Before this occurred, the second tree was considered part of the original tree because it was still connected to it and still quite dependent on it. But now that the original tree has been uprooted, it's only gaining its nourishment from its connection to the second tree. So now the original tree is dependent on the second tree on the bracha. So the original tree is going to have the same status as the second tree now, since the second tree is no longer gaining nourishment from the original tree, because the original tree has now been uprooted, so now it starts its own life where it needs to gain its nourishments only by itself, and therefore its oil account begins now. So the second tree's oil begins now. And because the original tree is dependent on the second tree, the original tree also begins a new arlo because it has the same status as the second tree. And that's what the Mishnah says, if the original tree is surviving only based on the br' cha on the second tree. So Choza has a canon, the original tree, the old tree, now follows the bracha and has the same status as the bereicha, and therefore they both begin a new oral account for the next three years. Now, what happens if Hashanah, if he added a new bracha each year? So this means that after producing a second tree which is connected to the first tree, he then took a shoot or a branch from the second tree, the bracha itself, and bent that into the ground, caused it to grow horizontally along, brought it back out above the ground so that it would grow by itself vertically as another brecha. So now he's got the original tree plus two brachas, two of these trees which are really produced from the original tree. So he did this year after year. And now, let's see, he's got five Brijas and he planted one a year. So by now it's been five years. So certainly the original tree is no longer obligated in Arla. And since all of these trees are connected to the original tree, still none of them are obligated in Arla because they all have the same status as the original tree. But then the niftica, the connection between the first briha and the original tree is broken. So now you take away the original tree out of the picture and the first bracha becomes the original tree for the rest of them. So all of the other bras now follow the original bra. Now, of course, since they only were just broken from the original tree, so they all now become obligated in ara. So all of the fruit from all of the breakas are forbidden for the next three years. And says you count o from the time that it was broken. And as we explained, all of the breakers follow the first bra, and that is considered the now original tree, as it were, and it and the rest of the breakers are obligated in Arla. Now, the second half of the Mishnah discusses another method of planting or of growing fruit. And that is when somebody extends a branch from a tree and ties that branch to a branch of a different tree. So, for example, if a tree doesn't have a lot of nourishment, if it's quite a weak tree, so a person might extend one of the branches and tie it to a branch of another tree, which is a strong tree and gets lots of nutrients, and that way this branch can grow fruit together with that one, and it will gain more nourishment because it's connected to a better tree. And the example which the Mishnah gives for this is simple Kagafonim branches which are extended from vines. So imagine you've got two vines. One vine is quite a weak vine, another one is a strong vine, and you extend one of the branches of the vine and tie it to a branch of the other vine, and then you extended a branch from the better vine and attached it to a branch of the worst quality vine. So let's say you've got vine A, which is worse quality, and vine B, which is better quality. So one of vine A's branches is extended and connected to vine B, and then one of vine B's branches is extended to vine A and connected to vine A. Now, the halach is that if vine A, let's say, has passed its arla, let's say it's in its fifth year, but vine B is still in its first three years. The halacha is that both branches which are connected to the other vine are considered permitted and not obligated in Arla, since they are both connected to a vine which is exempt from Arala, we consider those branches to be extensions of the exempt vine, and so they are also exempt from Arla. And the Mishnah says that afal Psh.
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Even if he then did Havra with these two branches. So these branches have gone through a lot. They've been extended from their own vine to a different vine, and then they've been dipped into the ground and channel along the ground and then then brought up again, as we explained in the first part of the Mishnah. So it says the Mishnah, even though you've now removed these branches from their tree, which they were at, and you start them in the ground, so you might think that it should not be exempt just based on the original tree, on the original vine, says the Mishnah Mut.
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Both branches remain permitted and are not considered arla, since they are still connected to the original vine. And this is the point. Since one of the vines which they are connected to, either which they grow from or which they were extended to, is exempt from Arla, we apply that exemption also to this branch, since it is gaining nourishment from a vine which is exempt from Arla. Now, according to Remy, it's not so simple because remember, there are two vines involved, and although one of them is exempt from Arlo, the other one is. And so according to Mayor, it depends on how much nourishment you're gaining from each vine, says a place where it's getting a lot of nourishment, meaning if the main nourishment which the branch is getting is from the vine which is exempt from Arla, so then you're right, it's considered an extension of that vine, and therefore muto will also be permitted because the original vine has passed its Arla. However, a place where the amount of nourishment is bad, meaning if the main nourishment which the branch is getting is either from the vine which is obligated in Arla, or its, more to the point, from the ground, because remember, this has now been put into the ground. So if it's getting most of its nourishment from the ground and not the original vine, then according to be mayor also it will be forbidden. And if its main nourishment is from the vine which is obligated in Arlo, then this branch would share that Arlo status. It wouldn't have to start again. But if its main nourishment is from the ground, then it would have to start its own arlo again from when it was put into the ground and grew itself. The Mishnah ends off by going back to the first half of the Mishnah, or we discussed Havrocha, which is when you bring down the branch, plant it into the ground, allow it to grow a bit horizontally, and then bring it up elsewhere so that it grows by itself. Now, we learned in the first half of the Mishnah that the brighah, the second tree which grows as a result of the original tree, as long as it is still connected to the original tree, it has the same status. And therefore if the original tree has finished its or years, then the fruit of the Bracha are also exempt from orlon. However, once you cut that connection and the breaker grows as its own tree, then it needs to start its own Olaf. From the beginning. The question is, what about the fruit which already grew on the Breaka whilst it was attached to the original tree, so it wasn't obligated in Arla. But then they continue growing even once the breaker has been detached from the original tree, do they become obligated in Arlo, like the Breaka's new fruit will be? So it says the mission of Khaim and Samishnaeus get rid of the word because it's a new case and that is a bracha which gets cut from its original tree, the Himalaya pairs, but it's full of fruit already which grew while it was still attached to the original tree. So certainly if you were to pick those fruit off the breaker, now as soon as you remove the connection from the original tree, so then they only grew while they were attached to the original tree. So certainly they will be exempt from Arla. However, if it grows another 200th of its current growth, then Austria becomes forbidden as Arla. And the reason for this is because we're going to learn in a few Mishnaya's time that if oral or gets mixed with other permitted produce, then it forbids the entire mixture, unless there's 200 times more permitted produce than oil or produce. In that case, the oil would be nullified in the mixture and it would all be permitted. So the Misha is saying is that if a 200th grows once the briha is considered Arla, so that will mean that that tiny amount which grew as Arla forbids the entire fruit, because there's no longer 200 times more permitted fruit than Ola, part of the fruit, so that little bit which grew as Ola forbids the entire fruit, and so it will all be considered Ola, and therefore it will be forbidden to benefit from it. Mishnah vov it's actually in this Mishnah which we will see this concept of Olaf forbidding an entire mixture, unless there is 200 times permitted part than ola part. And before we see this Mishnah, we need to introduce the concept of kilei ha kerem. The Torah forbids somebody to plant another species inside a vineyard, and if one does, it's forbidden to benefit from that mixture. Now, many laws of kilakerem, which is when another species is planted in a vineyard, are similar to the laws of Arla. They both concern produce which is forbidden. And one of the similar laws is that just like if ola is mixed with chulin, chulin is permitted regular produce. So just like if uhlah is mixed with chulin, then the ula is nullified if there's 200 times more chulin than uhlah. So, two, if Kleach Herem is mixed with chulin, then only if there is 200 times more chulin than kleak herem is the kleacherem nullified and the whole mixture will be permitted. But otherwise, if there's less than 200 times more, then the entire mixture is forbidden. The point of this mixture is to show us an exception where even if there are 200 times more, it will still all be forbidden. And that is when the produce is still attached to the ground, because something which is still attached to the ground is considered more significant. And it's not even considered to be a mixture. If, for example, you've got natioshal ola, a young tree which is an oil tree, or you've got a plant which was planted in a vineyard and the oil tree got mixed up with other permitted trees, and in the case of clear, it would get mixed up with other plants, says the Mishnah, even if there are 200 times more other plants or other trees than the oil or clear tree or plant, you are not allowed to harvest any of the trees. If you're not sure which one is the forbidden tree, you're not allowed to harvest any of them, and you cannot benefit from any of the trees. Again, the reason is because they are not considered a mixture. If the produce has already been detached from the ground and now it's all in one big box, so then it's considered a mixture. But if all the trees are still attached to the ground and you're not sure which tree is the oro tree, they are all forbidden because of their importance for the fact that they are attached to the ground, and because they're not really considered mixed. So for those two reasons, the olot tree is not nullified and all of the trees are forbidden to be harvested, you've got to treat all of them as if they were oiler trees. However, says the Mishnah, if somebody by mistake, let's say he thought that he was allowed to harvest all of the trees. So the Imlokat, if he did harvest all of the trees and now all of the fruit are mixed together and they're no longer attached to the ground, so then Yalabechtu mosayim, it will be nullified 1 in 200 and all of the fruit will be permitted. However, says the Mishnah, a very important rule as long as you don't intend to harvest it, meaning as long as you don't intentionally harvest it and then mix all of the produce together and then say, oh, there's 200 more hulin than ola. So it's all permitted. Because we have a rule in Mvatlin, isr lechat Chila, one cannot intentionally bring about a scenario where something forbidden will be nullified. So a regular case of this would be if, let's say one Olaf fruit is mixed together with 50 Julin fruit, it will be forbidden to then bring another 150chulin fruit, add it to the mixture, and then consider it all permitted, because nullification only works if it happens by mistake. So in this case you're not allowed to harvest all of the fruit and then bring about a case where they are no longer attached to the ground. So the orlok can become nullified, because nullification can only be done if it happens by mistake. However, Rabiosi says that in this case, one is allowed to bring it to a case where the nullification occurs rabiosis. And Rabiosis says he can even intentionally harvest all of the fruit. And once they are no longer attached to the ground, automatically they will be nullified 1 in 200. And the reason for Abhiyasi is as follows. The fact that in general, one can't intentionally bring about a case of bittle of nullification that is only midrabanon. But the Rabbon only make decrees in common scenarios. Now, our case is extremely uncommon. Most people will be very careful to know and remember which of their trees are olo trees, because they know if they forget which one it is, it would lead to a massive loss because all of their trees might become forbidden. So because it's an uncommon case for somebody to forget which trees are ola, the Rabbonum's decree does not apply in this case. And therefore one is allowed to harvest the trees, harvest all of the produce and the fruit, and it will lead to a scenario where the Ola is nullified amongst the rest of the fruit.