1)

TRANSGRESSING YOM TOV SHENI

(a)

Question (Rav Safra): [Second day Yom Tov of Chutz la'Aretz was instituted lest people will not find out which day was fixed to be Rosh Chodesh -] in our place, we find out which day was Rosh Chodesh [via messengers of Beis Din, before Yom Tov];

1.

In settled areas, we may not do Melachah on the day which we know is Chol, on account of strife;

2.

May one do Melachah in a Midbar?

(b)

Answer (R. Aba citing Rav Ami): It is forbidden in a settled area, it is permitted in a Midbar.

(c)

Version #1: R. Noson bar Asya went from Bei Rav (where he learned) to Pumbedisa [outside his Techum] on the second day of Shavu'os; Rav Yosef excommunicated him.

(d)

Abaye: Why don't you lash him?

(e)

Rav Yosef: I was more stringent - in Eretz Yisrael they vote whether or not a Talmid [who transgressed] should be lashed, but they do not vote whether or not he should be excommunicated [they are concerned for honor of the Torah - Rashi; Aruch (cited in margin) - they gather by the Rav [this shows honor to him] to vote whether or not a Talmid should be lashed, but regarding excommunication, which is for severe offenses again Hash-m, they do not gather [to honor to the Rav]).

(f)

Version #2: Rav Yosef lashed him.

(g)

Abaye: Why don't you excommunicate him - Rav and Shmuel taught that we excommunicate on account of Yom Tov Sheni of Chutz la'Aretz!

(h)

Rav Yosef: That is for regular people - he is a Talmid, so I was more lenient - in Eretz Yisrael they vote whether or not to lash a Talmid, but not to excommunicate him.

2)

SHEMITAH PRODUCE THAT WAS TAKEN TO A DIFFERENT REGION

(a)

(Mishnah): Similarly, if one takes Shemitah produce... [R. Yehudah says, he says 'Go yourself and bring', i.e. go to my old place, and bring from there, and you can eat like me!]

(b)

Question: Doesn't R. Yehudah agree that he must be stringent like his old and new residences?!

(c)

Answer #1 (Rav Shisha brei d'Rav Idi): R. Yehudah discusses a different matter:

1.

[The first Tana says,] or if he went from a place where it is not finished, to a place where it is not finished, and heard that it was finished in his old place, he must do Bi'ur;

2.

R. Yehudah says, he says [back to people of his old place] 'Go yourself and bring from where I did - they are still available there' [in my new place! He must observe stringencies of his old place that applied at the time he left - it was permitted when he left!]

(d)

Objection: This implies that R. Yehudah is more lenient [than the first Tana] - but R. Aba taught that he is more stringent! (R. Aba had a tradition for this.)

(e)

Answer #2: Rather, [the first Tana says that] he need not do Bi'ur;

1.

R. Yehudah says, [he must, for] people [of his old place] tell him 'Go yourself and [see if you could] bring [more] from where you brought them (our place) - [you could not, for] they are finished!'

(f)

Answer #3 (Abaye): The case is like the Mishnah says - he went from a place where it is not finished, to a place where it is finished, and returned them to his old place, and they are still not finished there - [the first Tana says,] he need not do Bi'ur;

1.

R. Yehudah says, they tell him 'Go yourself and [see if you could] bring [more] from where you [most recently] brought them - they are finished'! (One must do Bi'ur there - this is a stringency of the most recent place you left.)

(g)

Objection (Rav Ashi): Does R. Yehudah say that [bringing them into a region on] the back of a donkey makes Klitah (gives them the law of that region?! Surely, it does not!)

(h)

Answer #4 (Rav Ashi): They argue like the following Tana'im argue:

1.

(Mishnah - R. Eliezer): If three kinds of vegetables were pickled together in one barrel, one may eat [all of them] until one of them (R. Nisim - the first one put in the barrel, it gives taste to the others) is finished [in the field];

2.

R. Yehoshua says, he may eat [all of them] until all of them are finished [in the field - this is like the first Tana of our Mishnah];

3.

R. Gamliel says, when any of the three is finished [in the field], he must Meva'er [get rid of] it from the barrel (this is like R. Yehudah);

(i)

The Halachah follows R. Gamliel.

(j)

Answer #5 (Ravina): They argue like the following Tana'im argue:

1.

(Beraisa): One may eat dates [anywhere in Yehudah] until the last dates in Tzo'ar (a city of dates) are finished (this is like the first Tana of our Mishnah)

2.

R. Shimon ben Gamliel says, one may eat on account of dates left in trees between the Lulavim (animals can take them), but not on account of dates between thorns (animals cannot take them; this is like R. Yehudah).

52b----------------------------------------52b

(k)

(Mishnah): There are three regions regarding Bi'ur - Yehudah, Ever ha'Yarden and Galil;

1.

Each of them is divided into three [sub]regions.

2.

Question: If so, there are really nine - why does it say three?

3.

Version #1 (Rashi) Answer: One may eat a species of Shemitah produce until it is finished [in the field] in the last subregion in his region.

4.

Version #2 (Tosfos) Answer: (There are three elevations in each region - mountain, valley and plain.) One may eat a species until it is finished from his elevation in his region.

(l)

Question: What is the source of this?

(m)

Answer (Rav Chama bar Ukva): "Veli'Vhemtecha vela'Chayah Asher b'Artzecha" - as long as it is available for Chayos to eat in the field, you may [eat and] feed your animals in the house;

1.

When it ceases for Chayos in the field, you must remove it from your house;

2.

We have a tradition that animals in Yehudah do not go to Galil to eat or vice-versa [and surely they do not cross the river to eat from Ever ha'Yarden].

(n)

(Beraisa): If one took [Shemitah] produce from Eretz Yisrael to Chutz la'Aretz, Bi'ur is done in their [new] place [when they are finished in the place they grew];

1.

R. Shimon ben Elazar says, they must be returned to their [original] place [and Bi'ur is done there] - we learn from "b'Artzecha."

2.

Question: We need "b'Artzecha" [for Rav Chama's teaching]!

3.

Answer #1: It could have said 'ba'Aretz' - rather, it says "b'Artzecha" to teach a second law.

4.

Answer #2: "Asher b'Artzecha" is extra to teach a second law.

(o)

Rav Safra took barrels of [Shemitah] wine from Eretz Yisrael to Chutz la'Aretz; he asked Rav Huna brei d'Rav Ika and Rav Kahana if R. Avahu said whether or not the Halachah follows R. Shimon ben Elazar.

(p)

Rav Kahana: R. Avahu said that the Halachah follows R. Shimon ben Elazar.

(q)

Rav Huna brei d'Rav Ika: He said that the Halachah does not follow R. Shimon ben Elazar!

(r)

Rav Safra: We may rely on Rav Huna brei d'Rav Ika, for he is as meticulous about what he learns from his Rebbi as Rachbah of Pumbedisa is:

1.

(Rachbah citing Rav Yehudah): Har ha'Bayis was surrounded by a double Stav (ledges to sit on), one inside the other. (Rashi (Berachos) - he used the same word (Stav) that his Rebbi did, even though the Mishnayos use a different word.)

(s)

Rav Yosef: Rav Safra illustrates "Ami b'Etzo Yish'al u'Maklo Yagid Lo" - he is Magid (tells his questions) to whoever is Mekil (lenient).

3)

WHEN DOES SHEMITAH APPLY TO FRUIT?

(a)

R. Ilai cut Kafniyos (small unripe dates - Rambam; Rashi - he cut the tree) in Shemitah.

(b)

Question: How could he do so - Shemitah produce is "L'Ochlah," not to ruin (he should have left them to ripen)!

1.

Suggestion: Perhaps that applies only to finished produce, but not to unripe produce.

2.

Rejection: Rav Nachman taught that Maschalei (shells over dates) of Orlah are forbidden, because they are Shomrim for fruit [hence they are considered like fruit];

i.

They are Shomrim only when the dates are Kufri (unripe), and he calls them fruit!

(c)

Answer: Rav Nachman holds like R. Yosi;

1.

(Mishnah - R. Yosi): All Smadar (budding grapes) [of Orlah] are forbidden because they are fruit.

2.

Chachamim argue with R. Yosi [and R. Ilai holds like them].

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