(a)Still in the name of Rava according to Rebbi Ilai, we learn from the Pasuk in Re'ei "Ma'asar Degancha" to preclude crops that are owned be'Shutfus Nochri from Ma'aser Sheini, and "Ma'asroseichem" (ibid.) to include crops that are owned be'Shutfus Yisrael. With regard to Matanos, what do we initially think that Rebbi Ilai would learn from "Nesinah" "Nesinah" from Reishis ha'Gez?
(b)What would he therefore learn from "me'es Zovchei ha'Zevach"?
(c)We refute that however, on the grounds that Rebbi Ilai would rather learn the Gezeirah-Shavah from Terumah. What do we mean by that?
(d)What will he then learn from "me'es Zovchei ha'Zevach"?
1)
(a)Still in the name of Rava according to Rebbi Ilai, we learn from the Pasuk in Re'ei "Ma'asar Degancha" to preclude crops that are owned be'Shutfus Nochri from Ma'aser Sheini, and "Ma'asroseichem" (ibid.) to include crops that are owned be'Shutfus Yisrael. With regard to Matanos, we initially think that Rebbi Ilai learns "Nesinah" "Nesinah" from Reishis ha'Gez that - Shutfus Yisrael renders the owner Patur ...
(b)... in which case he would learn from "me'es Zovchei ha'Zevach" that - he remains Chayav.
(c)We refute that however, on the grounds that Rebbi Ilai would rather learn the Gezeirah-Shavah from Terumah - that Shutfus Yisrael does not exempt him from Matanos ...
(d)... and from "me'es Zovchei ha'Zevach" he learns - Rava's Din (ha'Din im ha'Tabach).
2)
(a)If the word...
1. ... "be'Artzam" (in the Pasuk in Korach "Bikurei Kol asher be'Artzam" [which is less specific than 'Artz'cha']) comes to include land of Shutfim in the Din of Shutfus, what do we then learn from the word "me'Artz'cha" (in the Pasuk in Ki Savo "asher Tavi me'Artz'cha")?
2. ... "Bigdeihem" (in the Pasuk in Sh'lach-l'cha "Al Kanfei Bigdeihem") comes to include a garment of Shutfim in the Din of Tzitzis, what does Rav Yehudah learn from the word "K'suscha" (in the Pasuk in Ki Seitzei "Al Arba Kanfos K'suscha")?
3. ... "mimenu" (in the Pasuk in Ki Seitzei "Ki Yipol ha'Nofel mimenu") comes to include a roof belonging to Shutfim in the Din of Ma'akah (building a parapet around the roof), what do we learn from the word there "le'Gagecha"?
(b)What is the logic behind the previous D'rashah? Why should a Shul and a Beis-ha'Keneses be different than any other apartment?
(c)Rav Bibi bar Abaye cites a Beraisa where Rebbi Ilai specifically exempts an animal belonging to Shutfim from the Din of Bechorah (disproving Rava). Assuming that he learns it from "Bekarcha ve'Tzoncha", how does he then explain the Pasuk "Bekarchem ve'Tzonchem"?
(d)Rav Chanina from Sura too, proves Rava wrong from another Beraisa, where Rebbi Ilai exempts a Beheimah of Shutfim from Matanos. Assuming that he learns it "Nesinah" "Nesinah" from Reishis ha'Gez, what Kashya does this pose on Rava? Why must a field owned by partners be Patur from Terumah, according to Rebbi Ilai?
2)
(a)Seeing as the word...
1. ... "be'Artzam" (in the Pasuk in Korach "Bikurei Kol asher be'Artzam" [which is less specific than 'Artz'cha']) comes to include land of Shutfim in the Din of Shutfus, we learn from the word "me'Artz'cha" (in the Pasuk in Ki Savo "asher Tavi me'Artz'cha")" that - Bikurim is confined to the fruit of Eretz Yisrael (precluding the fruit of Chutz la'Aretz).
2. ... "Bigdeihem" (in the Pasuk in Sh'lach-l'cha "Al Kanfei Bigdeihem") comes to include a garment of Shutfim in the Din of Tzitzis - Rav Yehudah learns from the word "K'suscha" (in the Pasuk in Ki Seitzei "Al Arba Kanfos K'suscha") that - a borrowed Tallis (up to thirty days) is Patur from Tzitzis.
3. ... "mimenu" (in the Pasuk in Ki Seitzei "Ki Yipol ha'Nofel mimenu") comes to include a roof belonging to Shutfim in the Din of Ma'akah (building a parapet around the roof), we learn from the word there "le'Gagecha" that - the roof of a Shul and a Beis ha'Medrash is Patur ...
(b)... a. because it is public property that belongs even to people who live overseas, and b. because it is not a residential abode.
(c)Rav Bibi bar Abaye cites a Beraisa where Rebbi Ilai specifically exempts an animal belonging to Shutfin from the Din of Bechorah (disproving Rava). Assuming that he learns it from "Bekarcha ve'Tzoncha", he explains the Pasuk "Bekarchem ve'Tzonchem" - with reference to the whole of Yisrael (all the collective individuals).
(d)Rav Chanina from Sura too, proves Rava wrong from another Beraisa, where Rebbi Ilai exempts a Beheimah of Shutfim from Matanos. Assuming that he learns it "Nesinah" "Nesinah" from Reishis ha'Gez, the Kashya on Rava is that - if according to Rebbi Ilai, Shutfus in a field does not exempt the owner from Terumah, then Rebbi Ilai should rather learn the Gezeirah-Shavah from Terumah le'Chumra, than from Reishis ha'Gez le'Kula (as we have already explained).
3)
(a)If, as we just concluded, Rebbi Ilai learns Matanos "Nesinah" "Nesinah" from Terumah, Matanos should also only apply in Eretz Yisrael, but not in Chutz la'Aretz. What do we answer?
(b)What did Rebbi Ilai also say about Reishis ha'Gez? What reason did Rava cite for this ruling?
(c)Abaye asked Rava that, if Rebbi Ilai learns Reishis ha'Gez from Terumah (as we just explained), then it ought to be subject to Tevel, Misah (be'Meizid) and a Chomesh (be'Shogeg). Rava replied by citing three Pesukim. What did he prove from the Pasuk...
1. ... in Shoftim "ve'Reishis Gez Tzoncha Titen lo"?
2. ... in Emor (in connection with Terumah) "u'Meisu bo"?
3. ... "Ve'yasaf alav" (ibid.)?
(d)Which Kashya was Rava coming to answer when he said to Abaye 'Amar K'ra "Reishis", Ein l'cha bo Ela Reishis Bil'vad'?
3)
(a)Seeing as we just concluded that Rebbi Ilai learns Matanos "Nesinah" "Nesinah" from Terumah - Matanos also applies only in Eretz Yisrael, but not in Chutz la'Aretz (as Rebbi Ilai specifically learns in a Beraisa) ...
(b)... and he says the same about Reishis ha'Gez - since, as Rava explains, he learns Reishis ha'Gez from Terumah with the same Gezeirah-Shavah (seeing as Nesinah is written there too).
(c)Abaye asked Rava that, if Rebbi Ilai learns Reishis ha'Gez from Terumah (as we just explained), then it ought to be subject to Tevel, Misah (be'Meizid) and a Chomesh (be'Shogeg). Rava replied by citing three Pesukim. He proved from the Pasuk ...
1. ... in Shoftim "ve'Reishis Gez Tzoncha Titen lo" that - it only becomes Asur from the time that it is first shorn, and not before. Otherwise, having written Reishis D'gancha ... ", the Torah should have continued "ve'Gez Tzoncha" (and omitted the second Reishis).
2. ... in Emor "u'Meisu bo" that - only Terumah carries a Chiyuv Misah, but not Reishis ha'Gez.
3. ... "Ve'yasaf alav" that - only Terumah is subject to a Chomesh, but not Reishis ha'Gez.
(d)When Rava said to Abaye 'Amar K'ra "Reishis", Ein l'cha bo Ela Reishis Bil'vad', he was coming to answer the Kashya that - some form of Ma'aser Rishon and Sheini would follow Reishis ha'Gez, just like it follows Terumah.
4)
(a)What do we learn from the Pasuk in Re'ei (in connection with Ma'asros) "ha'Yotzei ha'Sadeh Shanah Shanah"?
(b)What can we extrapolate from the Beraisa, which rules that if someone shears the two sheep that he owns until he has accumulated five shearings in two or three years, they do not combine to make up five shearings that are now subject to Reishis ha'Gez?
(c)How do we reconcile this with another Beraisa, which rules that one cannot even combine the wool of five sheep that are shorn in different years?
4)
(a)We learn from the Pasuk in Re'ei "ha'Yotzei ha'Sadeh Shanah Shanah" that - the crops of each year must be Ma'asered independently.
(b)We can extrapolate from the Beraisa, which rules that if someone shears the two sheep that he owns until he has accumulated five shearings in two or three years, they do not combine to make up five shearings that are now subject to Reishis ha'Gez that - the wool of five sheep that one sheared in different years does.
(c)We reconcile this with another Beraisa, which does not even combine the wool of five sheep that one sheared in different years - by establishing the first Beraisa like the Chachamim, and the second, like Rebbi Ilai, who learns Reishis ha'Gez from Terumah (that one cannot combine the wool that was shorn in different years).
5)
(a)What do we mean when we say that with regard to Terumah Gadel be'Chiyuv, Chayav; Gadel bi'Petur, Patur?
(b)The source for this lies in a Beraisa. Why does everyone agree that, even though land in Syria is subject to Ma'asros, a Nochri who purchases a field there, removes the Chiyuv (Yesh Kinyan le'Nochri ... )?
(c)What does the Tana rule in a case where someone purchased a field in Syria from a Nochri, before the crops had grown to one third of their full size?
(d)If the Yisrael purchased it from then on, Rebbi Akiva obligates him to Ma'aser what grows after that. What do the Chachamim say?
(e)What will be the equivalent Din if one purchases a field from a Nochri in Eretz Yisrael?
5)
(a)When we say that with regard to Terumah Gadel be'Chiyuv, Chayav; Gadel bi'Petur, Patur, we mean that - what grew in the domain of a Yisrael is Chayav, and what grew in the domain of a Nochri is Patur (as we will now explain).
(b)The source for this lies in a Beraisa. Everyone agrees that, even though land in Syria is subject to Ma'asros, a Nochri who purchases a field there removes the Chiyuv (Yesh Kinyan le'Nochri ... ) - because Syria does not have the Kedushah of Eretz Yisrael, and the Chiyuv to Ma'aser its crops is only mi'de'Rabbanan (who were more lenient regarding the Chiyuv).
(c)The Tana rules that in a case where someone purchased a field in Syria from a Nochri before the crops had grown to one third of their full size - he is Chayav to Ma'aser the crops once they are fully grown.
(d)If he purchased it after that, Rebbi Akiva obligates him to Ma'aser what grows from then on. The Chachamim rule that - he is exempt.
(e)Assuming that we rule 'Ein Kinyan le'Akum be'Eretz Yisrael ... ', the Din in the equivalent case in Eretz Yisrael will be that - the Yisrael is always Chayav to Ma'aser all the crops.
6)
(a)Our Mishnah exempts someone who purchases the shearings of a sheep belonging to a Nochri (because one is only Chayav on the wool of a sheep that belongs to a bar Chiyuva). What can we extrapolate from there?
(b)What problem does this create with what we just learned?
(c)What do we answer?
6)
(a)Our Mishnah exempts someone who purchases the shearings of a sheep belonging to a Nochri (because one is only Chayav on the wool of a sheep that belongs to a bar Chiyuva), implying that - if one were to purchase the sheep he would be Chayav, even though the wool grew bi'Petur ...
(b)... creating a problem - in that we just learned that according to Rebbi Ilai, the Din of Reishis ha'Gez follows the Halachos of Terumah (in which case the wool in question ought not to be subject to Reishis ha'Gez).
(c)We answer that - the author of our Mishnah is not Rebbi Ilai.
136b----------------------------------------136b
7)
(a)What does the Tana Kama say about Ma'asering black and white figs or two different kinds of wheat on one another?
(b)According to Rebbi Yitzchak Amar Rebbi Elazar, this is the opinion of Beis Shamai, whilst Beis Hillel permit it. What is Beis Hillel's reason?
(c)What can we extrapolate from here?
(d)What do we now ask with regard to Rebbi Ilai concerning Reishis ha'Gez?
7)
(a)The Tana Kama - forbids Ma'asering black and white figs or two different kinds of wheat on one another.
(b)According to Rebbi Yitzchak Amar Rebbi Elazar, this is the opinion of Beis Shamai. Beis Hillel permits it - because, in Rebbi Yitzchak's opinion, Beis Hillel considers all kinds of figs and all kinds of wheat as one species.
(c)In any event, we can extrapolate from here - that - one cannot Ma'aser from one species on to another.
(d)We now ask that - according to Rebbi Ilai (who learns Reishis ha'Gez from Terumah) the same ought to apply to Reishis ha'Gez.
8)
(a)What do we initially try to prove from our Mishnah, based on the Din of Reuven who purchased from Shimon all his white or gray sheep?
(b)How do we refute this proof from the Seifa Z'charim Aval Lo Nekeivos?
(c)So what does the Tana mean when he rules Zeh Nosen le'Atzmo ... ? What exactly, is he saying?
(d)In that case, our Mishnah holds that one is permitted to give from one kind of wool on another (not like Terumah). How do we reconcile this with Rebbi Ilai?
8)
(a)Initially, based on the Din of Reuven who purchased from Shimon all his white or gray sheep, we try to prove from our Mishnah (whose author must be Rebbi Ilai) that - Reishis ha'Gez has the same Din as Terumah, regarding giving from one kind on to the other.
(b)We refute this proof from the Seifa however, 'Zecharim Aval Lo Nekeivos' - where the Tana says exactly the same thing (Zeh Yiten le'Atzmo ... '), even though male and female animals cannot be considered as two species.
(c)So when the Tana rules Zeh Nosen le'Atzmo ... - he is merely advising the seller (on whom the entire onus of giving Reishis ha'Gez falls) to purchase the (inferior) gray wool or the (not so soft) wool of the males (that he would have given as Reishis ha'Gez) from the purchaser, and give it to the Kohen, rather than give him the better quality white wool or softer wool of the ewes to cover his obligation.
(d)In that case, our Mishnah holds that one is permitted to give from one kind of wool on to another (not like Terumah) - like the Rabbanan of Rebbi Ilai (like whom we have already established the Reisha of the Mishnah).
9)
(a)Up to how much Terumah is one permitted to give a Kohen?
(b)What does the Mishnah in Chalah say about declaring the entire ...
1. ... barn-full of corn, Terumah?
2. ... dough, Chalah?
(c)What do we extrapolate from there regarding Reishis ha'Gez?
(d)What does a Beraisa say about Reishis ha'Gez? What is the basis of their Machlokes?
9)
(a)One is permitted to give a Kohen - as much Terumah as one wishes, provided something recognizable remains ("Reishis", 'she'Shirehah Nikarin').
(b)The Mishnah in Chalah rules that if someone declares the entire ...
1. ... barn-full of corn, Terumah, or the entire ...
2. ... dough, Chalah - his declaration is invalid ...
(c)... implying that - if he declares all his wool Reishis ha'Gez, it is valid.
(d)A Beraisa, on the hand, rules that - it is not valid. Clearly then, the Mishnah holds like the Rabbanan, and the Beraisa, like Rebbi Ilai.
10)
(a)Rav Nachman bar Yitzchak states that nowadays, the Minhag is like three Zekeinim, one of them Rebbi Ilai with regard to Reishis ha'Gez. To which aspect of Rebbi Ilai's ruling is he referring?
(b)Is this Minhag confined to Reishis ha'Gez?
(c)The second Zaken whose ruling we have adopted is Rebbi Yehudah ben Beseira. What did he mean when he said Ein Divrei Torah Mekablin Tum'ah?
(d)And the third Zaken is Rebbi Yashiyah. What leniency did he teach regarding sowing Kil'ayim?
10)
(a)Rav Nachman bar Yitzchak states that nowadays, the Minhag is like three Zekeinim, one of them Rebbi Ilai with regard Reishis ha'Gez - who confines the Mitzvah of Reishis ha'Gez to Eretz Yisrael ...
(b)... and the same applies to Matanos.
(c)The second Zaken whose ruling we have adopted is Rebbi Yehudah ben Beseira, who said Ein Divrei Torah Mekablin Tum'ah, by which he means that - a Ba'al Keri (someone who had an emission), does not need to Tovel in a Mikvah in order to learn Torah (or to Daven).
(d)And the third Zaken is Rebbi Yashiyah, who rules that - one only transgresses the La'av of K'lai ha'Kerem if one sows wheat, barley and grape-seeds in one throw (see Tosfos 82b DH 'La'afuki').
11)
(a)Our Mishnah lists the Chumros of Matanos over Reishis ha'Gez. We ask why the Tana does not also list the one Chumra of Reishis ha'Gez over Matanos. Which Chumra?
(b)To answer this Kashya, Ravina establishes the author of our Mishnah as Rebbi Shimon. What does Rebbi Shimon say?
(c)According to Ravina, Rebbi Shimon learns it "Nesinah" "Nesinah" from Matanos. What objection do we raise to that?
(d)So we establish Rebbi Shimon's source as Ma'aser Beheimah. How does he learn the P'tur of Reishis ha'Gez by a T'reifah from there?
11)
(a)Our Mishnah lists the Chumros of Matanos over Reishis ha'Gez. We ask why the Tana does not also list the one Chumra of Reishis ha'Gez over Matanos that - it applies to the wool of a T'reifah animal (whilst Matanos do not [due to the D'rashah "Titen lo", "lo", 've'Lo le'Kalbo').
(b)To answer this Kashya, Ravina establishes the author of our Mishnah as Rebbi Shimon - who exempts the wool of a T'reifah from Reishis ha'Gez as well.
(c)According to Ravina, Rebbi Shimon learns it "Nesinah" "Nesinah" from Matanos. We object to that however, in that if that is the source - then we ought to also learn "Nesinah" "Nesinah" from Terumah, to exempt a sheep in Chutz la'Aretz from Reishis ha'Gez (like Rebbi Ilai [yet our Mishnah does not do so]).
(d)So we establish Rebbi Shimon's source as Ma'aser Beheimah - from which he learns the P'tur of Reishis ha'Gez by a T'reifah - with the Gezeirah-Shavah of "Tzon" "Tzon".
12)
(a)What do we learn from the Pasuk in Bechukosai (in connection with Ma'aser Beheimah) "Kol asher Ya'avor Tachas ha'Shevet"?
(b)What is the Din regarding a Bechor T'reifah?
(c)What problem does that pose on the Limud "Tzon" "Tzon" from Ma'aser?
12)
(a)We learn from the Pasuk in Bechukosai (in connection with Ma'aser Beheimah) "Kol asher Ya'avor Tachas ha'Shevet" that - since there are certain T'reifos (such as where the entire leg has been severed) which are unable to pass through the pen to be Ma'asered, all T'reifos are Patur from Ma'aser.
(b)A Bechor T'reifah on the other hand - is Kadosh (since it is its exit from the womb that sanctifies it, irrespective of its physical status).
(c)This poses a Kashya on the Limud "Tzon" "Tzon" from Ma'aser - since we should rather then learn the Gezeirah-Shavah "Tzon" "Tzon" from Bechor (le'Chumra) than from Ma'aser (le'Kula).
13)
(a)We answer that it is more logical to learn Reishis ha'Gez from Ma'aser because it possesses seven similarities to it: Zecharim, Temei'in, bi'Merubin, me'Rechem, Adam, Pashut, Lifnei ha'Dibur. What does Zecharim mean?
(b)Reishis ha'Gez and Ma'aser apply even to Tamei animals and they require at least five and ten animals respectively in order to be Chayav. What does me'Rechem mean?
(c)Neither of them applies to a human being and neither of them were commanded before Matan Torah (in all of which Bechor is different). What does Pashut mean?
(d)On the other hand, we counter, Reishis ha'Gez is similar to Bechor in eight things: Yasom, she'Lakchu be'Shutfus Nasnu, bi'Fenei, Kohen, bi'Kedushah, u'Mechirah. Bechor, we say, like Reishis ha'Gez, applies even to a Yasom (whose mother died as it was born). What happens to a Bechor that is a Yasom?
13)
(a)We answer that it is more logical to learn Reishis ha'Gez from Ma'aser because it possesses seven similarities to it: Zecharim, Temei'in, bi'Merubin, me'Rechem, Adam, Pashut, Lifnei ha'Dibur. Zecharim means that - unlike Bechor, they apply to female animals as well.
(b)Reishis ha'Gez and Ma'aser apply even to Tamei animals and they require at least five and ten animals, respectively, in order to be Chayav. me'Rechem means - the obligation to give them to the Kohen begins immediately at birth.
(c)Neither of them applies to a human being and neither of them were commanded before Matan Torah (in all of which Bechor is different). Pashut means that - both Ma'aser and Reishis ha'Gez do not pertain to a Bechor.
(d)On the other hand, we counter, Reishis ha'Gez is similar to Bechor in eight things: Yasom, she'Lakchu be'Shutfus Nasnu, bi'Fenei, Kohen, bi'Kedushah, u'Mechirah. Bechor, we say, like Reishis ha'Gez, applies even to a Yasom (whose mother died as it was born). A Bechor that is a Yasom - is sent into the meadow until obtains a blemish, when it may be Shechted and eaten even by a Zar.
14)
(a)Bechor and Reishis ha'Gez both apply to Laku'ach, be'Shutfus, Nasnu, but not Ma'aser. What do these three mean?
(b)What do we mean by ...
1. ... bi'Fenei?
2. ... Kohen?
(c)bi'Kedushah means that they do not need to be sanctified (one because it is Chulin, the other, because it is automatically sanctified. What else might it mean?
(d)On what grounds do we reject this latter explanation?
14)
(a)Bechor and Reishis ha'Gez both apply to Laku'ach, be'Shutfus, Nasnu, but not Ma'aser. These three mean - purchased, shared and received as a gift, respectively ...
(b)
1. ... bi'Fenei means that - they apply even when the Beis-ha'Mikdash is not standing, and ...
2. ... Kohen that - they are both Matnos Kehunah.
(c)bi'Kedushah means that they do not need to be sanctified (one because it is Chulin, the other, because it is automatically sanctified). It might also mean that - they are the property of the Kohen even to be Mekadesh a woman with them (whereas Ma'aser is not [since the Torah writes by it "Lo Yimacher ve'Lo Yiga'el"]).
(d)We reject this latter explanation however on the grounds that - that D'rashah pertains exclusively to after the Shechitah, when the Korban belongs to Hash-m, but before the Shechitah, Ma'aser too, is the property of the owner, even to be Mekadesh a woman (as we learned in the Mishnah in Kidushin).
15)
(a)Finally, what does Mechirah mean?
(b)Why would it now seem more logical to learn Reishis ha'Gez from Bechor rather than from Ma'aser?
(c)Yet we nevertheless opt to learn it from Ma'aser. Why is that?
15)
(a)Finally, Mechirah means that - the Kohen may sell Reishis ha'Gez and Bechor, but the owner may not sell Ma'aser (as the Torah writes "Lo Yimacher").
(b)It would now seem more logical to learn Reishis ha'Gez from Bechor rather than from Ma'aser - since there are more similarities between them.
(c)Yet we nevertheless opt to learn it from Ma'aser - because the similarity Pashut mi'Pashut overrides all the similarities that exist between Bechor and Reishis ha'Gez.
