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BIKURIM PEREK 1

Questions

Perek 1

Mishnah 1

1)
(a) Regarding the obligation to bring Bikurim, the Mishnah lists three possibilities. Some people have to bring Bikurim and read the Parshah others bring Bikurim but do not read the Parshah. Alternatively - one is patur from Bikurim altogether.
(b) The Tana is referring to - the Parshah in Ki Savo "Arami Oveid Avi", on which the Ba'al Hagadah elaborates.
(c) The Mishnah rules that someone who plants a tree in ...
1. ... his own field and re-plants an attached branch (ha'Mavrich) into somebody else's field or into a public domain - is Patur from Bikurim.
2. ... somebody else's field or in a public domain and re-plants an attached branch (ha'Mavrich) into his own field - is Patur too.

2)
(a) The Tana Kama adds to the above someone who plants a tree in his own field and re-plants an attached branch in another of his fields, only a road runs in between the two fields. R. Yehudah - obligates him to bring Bikurim, but without reading the Parshah (see Tos. Yom-Tov) ...
(b) ... because everyone has the right to make use of the Reshus ha'Rabim in this way (which is not so concerning the other cases, where R. Yehudah concedes to the Chachamim), as long as he does not deprive others of its use.
(c) The Halachah is - like the Chachamim.

Mishnah 2

3)
(a) The Tana learns from the Pasuk in Mishpatim "Reishis Bikurei Admascha - that one must own the land fully in order to be Chayav Bikurim.
(b) The Tana therefore places, Sikrikun and Gazlanim in the same category. Both ...
1. ... Arisin and Chakoros are basically 'sharecroppers', only whereas - a Chakor gets paid a fixed amound of crops annually, an Aris reveives a percentage (a half, a third or a quarter).
2. ... a Sikrikun and a Gazlan - rob the owner's field, only whereas the latter does so in the literal sense, the former accepts a field as a sort of ransom money, to save himself from a threat on his life.
(c) 'Sikrikun' is the acronym of - 'Sa Karka ve'Hinichuni' ('Take this field and leave me alone').
(d) Even though the owner gave him the field to save his life, he is not considered the new owner - because the owner only gave him the field temporarily, with the intention of taking him to court and retrieving it.
(e) All of these are Patur from Bikurim - based on the same Pasuk ("Admascha") as the previous group, because they are not total owners of the land.

Mishnah 3

4)
(a) We learn from the word "me'Reishis" (mentioned in Ki Savo, in connection with Bikurim) - that only some fruits that grow in Eretz Yisrael are subject to Bikurim, but not all of them.
(b) "D'vash" refers to - honey-producing dates.
(c) The species of fruit are that are subject to Bikurim (besides dates) are - wheat, barley (see Tos. R. Akiva Eiger), grapes, figs pomegranates and olives.
(d) The Tana exempts dates that grow in the mountains from Bikurim, and ...
1. ... other fruits - that grow in the valleys (see Tiferes Yisrael).
2. ... olives - that are not good quality (since the Torah writes "Zeis-Shemen", meaning that the oil gathers up inside when it rains [see Tos. Yom-Tov]).

5)
(a) The Bikurim season begins - on Shavu'os.
(b) When the men of Tzevu'im brought Bikurim to Yerushalayim before Shavu'os - the Kohanim did not accept it.
(c) When the Torah writes in Mishpatim "ve'Chag ha'Katzir Bikurei Ma'asecha" - it is referring to the Sh'tei ha'Lechem which is brought in the Beis-Hamikdash on Shavu'os, and which permit Chadash in the Mikdash thereby opening the Bikurim season.

Mishnah 4

6)
(a) The Tana now discusses those who bring Bikurim but who don't read the Parshah. Based on the Pasuk "Asher Nishba Hash-m la'Avoseinu Laseis Lanu" - he exempts Geirim from 'K'ri'ah' (because he cannot say 'Asher Nishba la'Avoseinu ... ') ...
(b) ... though he includes a 'Ger' whose mother is a Yisre'eilis in the K'ri'ah too (see Tos. Yom-Tov).
(c) According to the Mishnah, when Davenning, a Ger who Davens the Amidah ...
1. ... quietly - says 'Elokeinu 'Elokei Avos Yisrael'.
2. ... as the Chazen - says 'Elokeinu v'Elokei Avoseichem'.
(d) And if his mother is Jewish, even though his father is not - he says in the Amidah 'Elokeinu v'Elokei Avoseinu'.

7)
(a) The Rambam rules - that this Mishnah is not Halachah, and that a Ger may bring Bikurim, and may even say 'la'Avoseinu Laseis Lanu' ...
(b) ... because the Torah refers to Avraham as 'Av Hamon Goyim', in which case he is the father of the Geirim too.
(c) According to him, when Davenning the Amidah - he says 'Elokeinu v'Elokei Avoseinu'.

Mishnah 5

8)
(a) R. Eliezer ben Ya'akov learns from the Pasuk in Yechezkel (in connection with Kohanim) "*mi'Zera* Beis Yisrael Yikchu Lahem Nashim" - that a Kohen should not marry a daughter of Geirim, unless her mother is a bas Yisrael (see Tiferes Yisrael).
(b) If a Kohen did marry such a woman however - he is not obligated to divorce her.
(c) The Tana - forbids Lechatchilah Geirim and Avadim Meshuchrarim (Avadim that have been set free) even up to ten generations (see Tos. Yom-Tov), unless their mothers are Yisre'eilyos.
(d) Unless their mothers are Yisre'eilyos, R. Eliezer ben Ya'akov disqualifies their daughters from Kehunah - even up to ten generations.

9)
(a) The Mishnah exempts an Apotropus - an agent who looks after the affairs of Ketanim (in Latin, 'Pater' - means father, and 'Fus', small children), appointed either by Beis-Din or by the Ketanim themselves.
(b) And the Tana says the same about a Sheli'ach who takes Bikurim to the Beis-Hamikdash (see Tos. R. Akiva Eiger), an Eved, and a woman (see Tos. R. Akiva Eiger) - in the list of those who bring Bikurim but who do not read the Parshah ...
(c) ... because they cannot say 'Asher Nasata Lanu ... ' (see Tos. Yom-Tov).
(d) The two other cases that he includes in the list are - Tumtum and Androginus (who have the Din of Safek Ishah and) - who are precluded from receiving a portion in the land from the Pasuk in Pinchas "Ish L'fi Pekudav" (see Tos. Yom-Tov).

10)
(a) A Sheli'ach is not permitted to take Bikurim on behalf of the owner - there where the owner initially picked the fruit with the intention of taking it to Yerushalayim himself (since it was then at a stage which required K'ri'ah).
(b) The Mishnah rules that if a husband takes his wife's Bikurim on her behalf - he reads the Parshah, too ...
(c) ... because the Torah writes "Asher Nasan L'cha Hash-m Elokechah, u'le'Veisecha".

Mishnah 6

11)
(a) The Tana Kama obligates someone who purchases two fruit-trees in someone's field to bring Bikurim but not to read the Parshah - because they are not sure whether somebody who purchases two trees automatically acquires the land in which they are growing plus the land surrounding them (in order to be able to walk round them and pick the fruit) or not (see Tos. Chadashim and Tos. R. Akiva Eiger).
(b) Had he purchased ...
1. ... only one tree - he would definitely not acquire the land.
2. ... three trees - he would acquire the it and would therefore be obligated to read the Parshah too.
(c) R. Meir holds - that someone who purchases two trees, acquires the land from which they are growing.

12)
(a) The Tana Kama rules that if a fountain that waters one's field dries up or the tree that produced the Bikurim fruit is cut down - the owner brings Bikurim but does read the Parshah.
(b) If either of these happened after the owner had already separated the Bikurim - he would not bring them, but would have to let them rot, because they were initially eligible for K'i'ah, and then became unfit.
(c) R. Yehudah ben Beseira holds - Meivi ve'Korei ...
(d) ... because in his opinion, one also goes after the field which produced the fruit (and not just the fountain or even the tree).
(e) The Halachah is - like the Tana Kama.

13)
(a) According to the Tana Kama, someone who brings Bikurim between Shavu'os and Succos - reads the Parshah too, between Succos and Chanukah - he does not (see Tiferes Yisrael).
(b) R. Yehudah ben Beseira holds that either way - Meivi ve'Korei.
(c) The Tana Kama learns his Din - from the Pasuk "ve'Samachta be'Chol ha'Tov", and the time of Simchah coincides with the harvest season (which lasts from Shavu'os to Succos), whereas R' Yehudah disagrees with this D'rashah.
(d) The Halachah is like the Tana Kama.

Mishnah 7

14)
(a) The Mishnah rules that someone who separates Bikurim and then sells his field - brings Bikurim but does not read the Parshah (see Tos. Yom-Tov) on that species (though he does read the Parshah when bringing all other species).
(b) Based on the Pasuk "Higadti ha'Yom (implying that one only brings Bikurim once from each species, the Tana Kama exempts the purchaser from Bikurim altogether (see Tos. Yom-Tov and Tos. R. Akivaa Eiger).
(c) R. Yehudah disagrees. According to him - "ha'Yom" is restricted to the original owner.
(d) The Halachah is - like the Chachamim.

Mishnah 8 & 9

15)
(a) Someone whose Bikurim are spoilt, robbed, stolen, lost or Tamei (see Tos Yom-Tov), is obligated to bring Bikurim again - but this time without reading the Parshah ...
(b) ... because the owner is liable for whatever happens to them until they reach the Har ha'Bayis.
(c) The Tana also exempts a Zar who ate them from paying the Chomesh - though this is not the Halachah (since this Mishnah is an individual opinion).

16)
(a) If the Bikurim became Tamei in the Azarah (see Tos. Yom-Tov) - the owner simply throws them on to the floor of the Azarah.
(b) He is no longer obligated to re-place them (as we shall learn in the next Mishnah).
(c) The Tana learns from the Pasuk ...
1. ... "Reishis Bikurei Admascha Tavi Beis Hash-m Elokecha - that once the Bikurim reach the Har ha'Bayis, the owner has fulfilled his duty (and is no longer liable for any mishap).
2. ... "ve'Lakach ha'Kohen ha'Tene mi'Yadecha" - that sometimes (such as where the fruit becomes Tamei in the Azarah), one gives the basket minus the fruit to the Kohen.
(d) When the Mishnah concludes 'Harei she'Heivi mi'Miyn Echad ve'Chazar ve'Heivi mi'Miyn Acher, Eino Korei' - he means that in the previous case, should he subsequently bring Bikurim from other kinds, he does so without reading the Parshah.
(e) The Chidush is according to R. Yehudah, who otherwise holds that the same owner can read the Parshah twice (see Tos. R. Akiva Eiger).

Mishnah 10

17)
(a) The Mishnah now discusses the fruit that requires Keri'ah. For fruit to fall under the category of Meivi ve'Korei - it must belong to 'the seven species' and be brought between Shavu'os and Succos.
(b) Keri'ah applies to ...
1. ... dates - that grow in valleys, since the Torah refers to dates as 'honey', and those are the dates that contain honey.
2. ... other fruit - that grow in the mountain.
3. ... olives - that produce oil, since the Torah describes the olives here as 'Zeus-Shemen'.

18)
(a) R. Yossi ha'Gelili - exempts the fruit of Eiver ha'Yarden from Bikurim ...
(b) ... because it is not a land flowing with milk and honey.
(c) The Chachamim rule - that despite that, it is subject to Bikurim, since it is included in "P'ri ha'Adamah Asher Nasata Li".
(d) The Halachah is - like the Chachamim.

Mishnah 11

19)
(a) According to the Tana Kama, if someone purchases three trees in Eretz Yisrael, he brings and reads the Parshah (see Tos. Yom-Tov). R. Meir says - that this will be the case even he purchases two (see Tiferes Yisrael).
(b) And the same will apply even to someone who purchases only one tree - should he purchase the land together with the tree.
(c) According to R. Yehudah - even Arisin and Chokrin (see Tos Yom-Tov) are subject to Bikurim (because in his opinion, they have a Kinyan in the land).
(d) The Halachah is - like the Chachamim.

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