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ORLAH PEREK 3

Questions

Mishnah 1

1)
(a) We learn from the Pasuk in Kedoshim (in connection with Orlah) ...
1. ... "va'Araltem Orlaso" - that Orlah is Asur be'Hana'ah (even dyeing with them [see Tos. Yom-Tov and Tiferes Yisrael]).
2. ... "es Piryo" - that the Isur Orlah extends even to parts of the fruit that are not edible, such as the peels.
(b) Consequently, a garment that has been dyed with the peels of Orlah - must be burned (see Tos. R. Akiva Eiger) ...
(c) ... without deriving any benefit from it (as it burns [see Tos. Yom-Tov]).

2)
(a) If such a garment became mixed up with other garments, R. Meir requires them all to be burned (see Tiferes Yisrael) - because he holds that anything that one tends to count independently (when sold) cannot become Batel.
(b) According to the Chachamim - it becomes Batel in two hundred (because in their opinion, there are only six things that are not subject to Bitul, as we shall see shortly).
(c) The Halachah is - like the Chachamim.

Mishnah 2

3)
(a) The Mishnah declares a thread that has been dyed with peels of Orlah Asur - if it is the size of M'lo ha'Sit (the space between one's extended fore-finger and middle-finger [see Tiferes Yisrael]).
(b) Rebbi Meir declares a garment that contains such a thread which one is unable to identify - Asur ...
(c) ... whereas the Chachamim - rule that it is Batel in two hundred (as we learned in the previous Mishnah [see Tiferes Yisrael]).

Mishnah 3

4)
(a)
1. The wool of a Bechor Beheimah - is forbidden (from the Pasuk in Re'ei "ve'Lo Sagoz BechorTzonecha").
2. An thread unidentifiable (M'lo ha'Sit) woven from the wool of a Bechor - is Asur (as we just learned in connection with Orlah [see Tos. Yom-Tov and Tiferes Yisrael]).
(b) We reconcile this with the Seifa 'u've'Mekadshin Kol Shehen' - by establishing the Seifa by a Bechor Tam (one that has not been redeemed [see Tos. Yom-Tov]) and the Reisha, by one that has been redeemed.

5)
(a) The hair of a Nazir and a donkey of Peter Chamor (after its neck has been broken [see Tos. Yom-Tov]) - are both Asur be'Hana'ah.
(b) We learn from ...
1. ... the Pasuk in Naso "Kadosh Yih'yeh Gadeil Pera" - that the hair of a Nazir is Asur be'Hana'ah.
2. ... the 'Gezeirah-Shavah' 'Arifah' 'Arifah' (from Eglah Arufah) - that a Peter Chamor (after its neck is broken) is Asur be'Hana'ah, too.
(c) The Mishnah rules that if one of them is woven into a sack in a way that the Asur thread is unidentifiable - the sack is Asur.

Mishnah 4 & 5

6)
(a) A dish that is cooked or bread that is baked with peels of Orlah fruit - must be burned ...
(b) ... due to the principle 'Yesh Sh'vach Etzim be'Tavshil or be'Pas' (see Tos. yom-Tov and Tiferes Yisrael).
(c) If the dish or the bread became mixed with others of the same kind - it becomes Batel in two hundred ...
(d) ... even according to R. Meir, who argued with the Chachamim with regard to a garment under similar circumstances, because a dish and a loaf of bread are not among the ten things that do not become Batel in his opinion.

Mishnah 6

7)
(a) The Mishnah obligates someone who has bundles of Tilsan (fenugreek) of K'lai ha'Kerem to burn them. A bundle (Chavilah) comprises - twenty-five pieces.
(b) Should a bundle becomes mixed with other bundles, R. Meir requires them all to be burned irrespective of how many bundles of Heter there are. One cannot sell them all to a Nochri, deducting the cost of the one Asur barrel (like Raban Shimon ben Gamliel says with regard to barrels of Yayin Nesech) - for fear that the Nochri will re-sell them to a Yisrael (which he cannot do by Yayin Nesech [see also Tos. Yom-Tov and Tos. R. Akiva Eiger]).
(c) According to the Chachamim - the bundle will become Batel in two hundred.

8)
(a) If one of these bundles falls into another batch of bundles - it becomes Batel (because it is a S'fek S'feika [see Tiferes Yisrael]).
(b) We will then reconcile this with the text that reads 'va'Acheiros ba'Acheiros' - by establishing it when all the bundles fell into the second batch (in which case it remains only one Safek).

Mishnah 7

9)
(a) R. Meir's reasoning throughout the Perek is based on the principle 'es she'Darko Limanos', meaning - that due to their value, they are always sold by numbers (rather than by weight or by bundles).
(b) The Chachamim confine the list of things that are not subject to Bitul to six items. R. Akiva lists - seven.

10)
(a) The Chachamm's list includes Egozei Perech, pomegranates from Baden, Chulfos Teradin (an entire beet [Tos. Yom-Tov; see also Tiferes Yisrael]) and Dala'as Yevanis.
1. 'Egozei Perech' - either means coconuts or another type of nut with a soft skin that can be broken by hand.
2. ... 'Dala'as Yevanis' - is a greek pumpkin.
(b) The Chachamim also include - closed barrels of wine in the list ...
(c) ... whilst R. Akiva adds - home-baked loaves (see Tiferes Yisrael).
(d) The Mishnah is discussing both Orlah and K'lai ha'Kerem - Orlah with regard to the fruit of a tree and K'lai ha'Kerem, with regard to the vegetables (see also Tos. Yom-Tov).
(e) The Halachah is - neither like R. Meir nor like R. Akiva, but like the Chachamim (see also Tos. Yom-Tov., in the following Mishnah).

Mishnah 8

11)
(a) The Mishnah rules that coconuts of Orlah that are broken, pomegranates that have been broken up, wine barrels that are opened, pumpkins that have been cut and loaves that been broken into crumbs - are Batel in two hundred.
(b) The author of this Mishnah is R. Akiva, who includes home-baked loaves of bread in the list.

Mishnah 9

12)
(a) The Tana maintains - that Safek Orlah in Eretz Yisrael is Asur, whereas in Syria, it is permitted.
(b) This distinction is - based on the principle 'Sefeika d'Oraysa le'Chumra (since Orlah in Eretz Yisrael is min ha'Torah), and mi'de'Rabbanan le'Kula' (since in Syria, it is mi'de'Rabbanan, though due to its proximity, they were more stringent with it than with other parts of Chutz la'Aretz, as we shall see shortly).
(c) An example of Safek Orlah is - where a Nochri has some Orlah saplings growing in his field, and we do not know whether the fruit that he is selling are from those saplings or not.
(d) In spite of the fact that David Hamelech captured Syria, Orlah is not min ha'Torah - because he captured it before capturing the whole of Eretz Yisrael, in which case it is has a Din of 'Kibush Yachid' (private conquest).

13)
(a) The Chachamim decreed Orlah in Chutz la'Aretz too. The difference between Safek Orlah in Syria and Safek Orlah in Chutz la'Aretz is - that in the former, one is only allowed to purchase fruit that one did not see Nochri pick, whereas in Chutz la'Aretz, one may even purchase fruit which he picked in one's presence.
(b) Either way - the Yisrael is not permitted to pick the fruit himself (see Tiferes Yisrael).

14)
(a) The Tana - forbids purchasing vegetables from outside a vineyard in Eretz Yisrael that has vegetables growing in it, but permits this in Syria.
(b) Either way - the Yisrael is not permitted to pick the fruit himself (as we just learned in connection with Safek Orlah).
(c) The Tana learns from the Pasuk in Emor "ve'Lechem ... Lo Sochlu ... be'Chol Moshvoseichem" - that Chadash applies in Chutz la'Aretz min ha'Torah.

15)
(a) Finally, the Tana rules - that Orlah applies in Chutz la'Aretz 'Halachah le'Moshe mi'Sinai whereas Kil'ayim applies only mi'de'Rabbanan.
(b) Safek Orlah in Chutz la'Aretz is nevertheless permitted - because that is part of the Halachah ... .
(c) The Tana is referring specifically to K'lai ha'Kerem (see Tiferes Yisrael, note 41) which is Asur be'Hana'ah in Eretz Yisrael, but not to ...
(d) ... K'lai Zera'im, which is Mutar be'Hana'ah in Eretz Yisrael.

16)
(a) The Torah writes in Kedoshim 'Sadcha Lo Sizra Kil'ayim'. We learn that grafting Kil'ayim is forbidden too - from K'lai Behemah, which is similar to grafting (and the Torah juxtaposes the above Pasuk beside that of "Behemt'cha Lo Sarbi'a Kil'ayim").
(b) We also learn from the Hekesh - that as K'lai Behemah applies in Chutz la'Aretz too (see Tos. Yom-Tov), so too, does the prohibition of Harkavas ha'Ilan.

***** Hadran Alach 'Beged', u'Selika Maseches 'Orlah' *****


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