1)

(a)A third-grown determines the year in which grapes and olives are Ma'asered - a. because a third-grown is considered ripe at a pinch, and b. because it is the rain-water of that year that caused it to grow up to a third.

(b)Rebbi Yosi Hagelili in a Beraisa now learns from the Pasuk in Re'eh "b'Ospecha mi'Gornecha umi'Yikvecha" - that the same principle will apply to Ma'asering ...

1. ... trees - which will therefore go after the time that they bud (which depends of last year's rainfall, and which marks the time by which all the sap is ready to cause the fruit to ripen.

2. ... vegetables - which will go after the picking, since they grow by the rain-water of the year in which they are picked.

(c)Proof of this lies in the fact - that after the vegetables have been cut, they grow again.

(d)This Derashah is no more than an Asmachta - since Ma'aser of fruit (other than grapes and olives) and vegetables is only mid'Rabanan.

2)

(a)According to Rebbi Akiva, the criterion is not, whether or not they grow on last year's water or on this year's - but whether they are able to grow on rain-water alone (like the contents of the granary and the wine and olive presses), or whether, over and above the rain-fall, they need to be manually watered (which is the case by vegetables).

(b)The ramifications of this Machlokes (seeing as both Tana'im agree that vegetables go after the year in which they are picked) - manifest themselves with regard to small onions and haricot- beans of the sixth year that were not watered for thirty days before Rosh Hashanah (as we shall now see).

(c)The Mishnah in Shevi'is states that if small onions and haricot- beans of the sixth year were not watered for thirty days before Rosh Hashanah, they go after the previous year, and are permitted in the Shemitah. If however, they were watered within thirty days of the Shemitah - then they go after the following year as regards Ma'aser, and are forbidden in the Shemitah.

(d)The author of this Mishnah must be Rebbi Yosi Hagelili, and not Rebbi Akiva - because, according to Rebbi Akiva, it would make no difference whether one watered them within thirty days of Rosh Hashanah or not. Either way, they require watering manually, in which case their Ma'asros go after the following year.

3)

(a)According to Pirush ha'Romi'im, the author of the Mishnah in Shevi'is is Rebbi Akiva (and not Rebbi Yosi ha'Gelili). His source for this is - the Yerushalmi ...

(b)... which explains that this is - because they used to withhold water from small onions and haricot- beans thirty days before Rosh Hashanah, causing them to resemble fruit (which does not need to be manually watered). Consequently, the Chachamim gave them the Din of fruit.

(c)The growers of small onions and haricot- beans withheld water from them for those thirty days - to enable them to become hard.

(d)Even if one were to withhold water from other vegetables in this manner - they would still be Ma'asered by the year in which they were picked, because it is unusual to do so.

4)

(a)The reason that Rebbi Elazar Amar Rebbi Oshaya gives to explain why Chazal fixed Shevat as the New Year for trees - because most of that year's rain has already fallen by then.

(b)The words 've'Adayin Rov Tekufah miba'Chutz' added by Rebbi Elazar Amar Rebbi Oshaya to his statement, are strange - because they imply that the fact that most of the Tekufah has yet to come, is part of the reason that Chazal fixed the New Year in Shevat. But that is not correct. The fact that most of the Tekufah has yet to come, if anything, would deter the budding, and would rather have been a reason for them to postpone Rosh Hashanah until Adar!

(c)We therefore amend Rebbi Elazar Amar Rebbi Oshaya's statement to read 'Af al Pi she'Rov Tekufah miba'Chutz, Ho'il v'Yatz'u Rov Gishmei Shanah' (in other words, it is predominantly the rain that causes the trees to bud, despite the fact that the season demands otherwise).

5)

(a)The Beraisa relates that Rebbi Akiva gave two Ma'asros from the Esrog that he picked - on the first of Shevat.

(b)According to the Tana Kama, the two Ma'asros that he gave - were Ma'aser Sheni (like Beis Hillel, according to whom it was still the second year of the cycle) and Ma'aser Ani (like Beis Shamai, in whose opinion it was already the third).

(c)According to Rebbi Yosi b'Rebbi Yehudah, Rebbi Akiva's two Ma'asros were based, not on Beis Shamai and Beis Hillel, but on Raban Gamliel and Rebbi Eliezer, in the Mishnah in Bikurim who argue over - whether the Ma'asros of an Esrog go after when it is picked or after the budding (as we will explain shortly). ...

(d)... in which case he gave - Ma'aser Sheni, in case we go after the budding (which took place in the second), and Ma'aser Ani, in case we go after the picking (which took place in the third year).

6)

(a)According to Rebbi Yosi b'Rebbi Yehudah, Rebbi Akiva's two Ma'asros were based, not on Beis Shamai and Beis Hillel, but on Raban Gamliel and Rebbi Eliezer. According to Raban Gamliel, in the Mishnah in Bikurim (that we just cited), when it comes to Esrogim, the we go after the picking as regards Ma'asros - but after the budding as regards Orlah, Reva'i and Shevi'is.

(b)But in the opinion of Rebbi Eliezer - we go after the budding of an Esrog-tree - even as regards Ma'asros, just like by every other tree.

(c)Raban Gamliel holds that an Esrog-tree is different than any other tree - because, like vegetables, it needs to be watered manually, over and above the watering that it receives from the rain.

7)

(a)We reconcile the Reisha of the Beraisa 'Le'olam Halachah k'Beis Hillel', with the Seifa 've'ha'Rotzeh La'asos k'Beis Shamai Oseh ... ' - by establishing the Reisha after the Bas-Kol had announced that the Halachah is always like Beis Hillel; and the Seifa, before the Bas-Kol.

(b)We learn from the Pasuk in Koheles "v'ha'Kesil ba'Choshech Holech" - that it is foolish to rule like the two Chumros of Beis Shamai and Beis Hillel (or of any two disputants), when they argue.

(c)Before the Bas Kol - it was permitted to rule in two different issues, one like Beis Shamai and the other like Beis Hillel.

(d)The classical case of the point under discussion, is the Shi'ur of a spinal cord of an animal, which Beis Shamai consider incomplete only when two vertebrae are missing, whilst according to Beis Hillel, one will suffice. Beis Hillel's opinion is more stringent - with regard to Tereifus (where the animal is already considered a Tereifah with only one vertebra missing); but more lenient - with regard to Tum'as Ohel (where a spinal cord missing one vertebrae will not transmit Tum'ah).

8)

(a)Bearing in mind the above Pasuk "v'ha'Kesil ba'Choshech Holech", Rebbi Akiva gave two Ma'asros, one like Beis Shamai and one like Beis Hillel - because he was not sure whether it was Beis Shamai who named the first of Shevat as the New Year for trees, and Beis Hillel as the fifteenth, or vice-versa.

(b)We cannot answer simply that Rebbi Akiva was not sure whether the Halachah is like Beis Shamai or like Beis Hillel - because it is not feasible to suggest that Rebbi Akiva did not know the principle 'Halachah k'Beis Hillel'.

9)

(a)According to Rebbi Yosi b'Rebbi Yehudah, Rebbi Akiva's two Ma'asros were based, not on Beis Shamai and Beis Hillel, but on Raban Gamliel and Rebbi Eliezer. The problem with this, considering that Rebbi Akiva gave one Ma'aser before the first of Shevat, and one, after, is - that he must have held like Beis Shamai (and, as we just explained, that is not feasible).

(b)Rebbi Chanina (or Rebbi Chananya) answers that in fact, the fruits of that tree had budded before the previous Tu bi'Shevat. It may not be common for fruit of most trees to remain on the tree for so long - but an Esrog tree is different, since the fruit tends to remain on the tree for as long as three years.

(c)The deciding date for an Esrog is indeed the fifteenth of Shevat like Beis Hillel, and the Tana stated that Rebbi Akiva picked the Esrog on the first - because that was when he happened to pick it.

(d)Ravina answer the original Kashya and this one simultaneously - by incorporating it all into the words of Rebbi Yosi b'Rebbi Yehudah. When he said that Rebbi Akiva was not concerned with the Minhag of Beis Shamai and Beis Hillel, he also meant that it was therefore not on the first of Shevat that he picked the Esrog, but on the fifteenth.

10)

(a)Rabah bar Rav Huna rules - that, seeing as by an Esrog, Raban Gamliel goes after the picking (like a vegetable), the New Year for an Esrog tree must be Rosh Hashanah (like vegetables).

(b)We query Rabah bar Rav Huna however, from Rebbi Shimon ben Elazar a Beraisa, who says - that someone who picks two Esrogim, one before nightfall of Tu bi'Shevat, the other, after nightfall, is not permitted to Ma'aser them together ...

(c)... because he says - one is not permitted to Ma'aser from the new crops on to the old ones, or vice-versa.

(d)From which we see, that the Rosh Hashanah for Esrogim regarding Ma'aser, is Tu bi'Shevat, and not Rosh Hashanah.

(e)We know that the author of this Beraisa holds like Raban Gamliel (and not like Rebbi Eliezer) - because he goes after the picking (and not the budding).

11)

(a)The Tana then discusses the third year (of Ma'aser Ani) and the fourth one (Ma'aser Sheni).

(b)We amend Rabah bar Rav Huna's words to conform with the Beraisa - by changing it to read 'Even though Raban Gamliel goes by an Esrog after the picking, its New Year is Tu bi'Shevat (and not Rosh Hashanah)'.