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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Rosh Hashanah 9

ROSH HASHANAH 2-10 sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

Questions

1)

(a) The Rabbanan of Rebbi Yishmael Be'no shel Rebbi Yochanan ben Berokah (who hold that the Yovel is *not* the first year of the following cycle) - come to preclude the opinion of Rebbi Yehudah, in whose opinion it *is*.

(b) Rebbi Akiva learns from the Pasuk "be'Charish u'va'Katzir Tishbos" (which, in his opinion, refers to the Sh'mitah year) - that there is a period of Tosefes Shevi'is, when plowing is forbidden on Erev Shevi'is leading up to the Sh'mitah year, and so too, is harvesting of produce that grew one third of their full growth in the Sh'mitah-year.

(c) In spite of the fact that the phrase that precedes "be'Charish u'va'Katzir Tishbos" (i.e. "Sheishes Yamim Ta'avod") refers to Shabbos, Rebbi Akiva declines to interpret it with regard to Shabbos - because, he argues, why would the Torah then single out specifically plowing and reaping, as if to say that all other Melachos are permitted?

(d) He establishes the Pasuk by *Tosefes* Shevi'is, rather than by the La'av of working in the Sh'mitah - for which we already have a Pasuk in Behar ("Sadcha Lo Sizra, ve'Karmecha Lo Sivtzor" - and harvesting is included in Betzirah [harvesting grapes] see Tosfos DH 'Sheharei').

2)
(a) Rebbi Yishmael relates "be'Charish u'va'Katzir Tishbos" - to Shabbos (like the beginning of the Pasuk). According to him - the Pasuk is comparing harvesting to plowing, to teach us that the Torah forbids only *voluntary* plowing (because there is no such thing as plowing that is obligatory - i.e. that is a Mitzvah to perform), so too, is the Torah's prohibition of harvesting, confined to a *voluntary* harvest, but not when it is obligatory (i.e. harvesting for the Omer, which is a Mitzvah).

(b) When Rebbi Yishmael says that the harvest of the Omer is a Mitzvah - he means that it is obligatory, that even if cut barley is available, there is nevertheless a Mitzvah to cut a fresh Omer (one tenth of an Eifah) for the Mitzvah.

3)
(a) *Rebbi Yishmael* learns the concept of adding from Chol on to Kodesh from Yom Kipur ...
  1. ... when it comes in - from the Pasuk in Emor "ve'Inisem es Nafshoseichem *be'Sish'ah* la'Chodesh".
  2. ... when it goes out - from "me'Erev ad Erev".
(b) He knows that the Torah is not telling us to *fast* on the ninth - because the Torah writes "ba'Erev".

(c) He learns from the continuation of the Pasuk ...

  1. ... "Tishbesu" - to include Tosefes Shabbos (when it comes in and when it goes out).
  2. ... "Shabatchem" - to include Tosefes Yom-Tov, too.
4)
(a) Rebbi Akiva learns from the Pasuk "ve'Inisem es Nafshoseichem be'Sish'ah la'Chodesh" the Derashah of Rav Acha from Difti - that it is a Mitzvah to eat on Erev Yom-Kipur, and that if one did, he receives reward as if he had fasted on the ninth and the tenth.

(b) We learn, according to him, from the fact that the Torah refers to eating and drinking as 'Inuy' (affliction) - that the more one eats, the greater the reward.

9b---------------------------------------9b

Questions

5)

(a) The superfluous words "Yovel Hi" (in Parshas Behar) serve to include some things and to preclude others. Rebbi Yehudah learns from "Yovel", that Yovel takes effect even though the people did not cancel their debts and even though the Beis-Din did not blow the Shofar - the third thing which "Hi" teaches us, prevents Yovel from taking effect, is the releasing of one's Jewish servants.

(b) According to Rebbi Yossi - it is blowing the Shofar which prevents Sh'mitah from taking effect.

(c) According to Rebbi Yossi, blowing the Shofar carries more weight (in this regard) than releasing one's servants, because it is possible for there to be no servants, but not for there to be no Shofros. Alternatively - it is because blowing the Shofar is incumbent upon the Beis-Din (and is unlikely to be negated), whereas releasing one's servants is incumbent upon the masses, who are more likely to be lax.

(d) Rebbi Yehudah learns from the Pasuk "u'Kerasem D'ror" that sending away the servants carries more weight than blowing the Shofar - because it immediately precedes "Yovel Hi", and he holds 'Mikra Nidrash Lefanav ve'Lo Lifnei Fanav'.

6) "u'Kerasem *D'ror* ba'Aretz" - means freedom (someone who is free to live wherever he wants).

7)

(a) The Chachamim disagree with Rebbi Yehudah and Rebbi Yossi. They preclude all of the above-mentioned three things from the word "Hi" - because they hold 'Mikra Nidrash Lefanav (releasing one's servants), ve'Lifnei Fanav (blowing the Shofar) u'le'Acharav (the return of land to the original owners)'.

(b) They learn from the word "Yovel" that the releasing of servants in the Yovel (which has nothing to do with the land) applies even in Chutz la'Aretz. The Torah nevertheless writes "ba'Aretz" - to teach us that this only applies in Chutz la'Aretz as long as Yovel applies in Eretz Yisrael.

8)
(a) We learn from the Pesukim "Shalosh Shanim Areilim ... u'va'Shanah ha'Revi'is" - that the New Year by Orlah is Rosh Hashanah (because of the 'Gezeirah-Shavah' "Shanah" "Shanah" ("me'Reishis ha'Shanah ... ").

(b) We learn the 'Gezeirah-Shavah' from "me'Reishis ha'Shanah ... " and not from "Rishon Hu Lachem le'Chodshei ha'Shanah" - because we prefer to learn "Shanah" *without* Chodashim, from "Shanah" *without* Chodashim, rather than from "Shanah" *with* Chodashim.

9)
(a)
  1. ... 'Mavrich' - means to re-plant the end of a growing branch in the ground.
  2. ... 'Markiv' - mans to graft a piece of one tree in another tree.
(b) According to the Beraisa, planting, re-planting or grafting is permitted - provided one does it at least thirty days before the commencement of the Sh'mitah year.

(c) Should one perform any of these within thirty days of the Sh'mitah, it is forbidden to retain what he did - because of Tosefes Shevi'is.

(d) The other area of Halachah affected by this thirty-day period - is the years of Orlah.

10)
(a) In the previous case, assuming that one did plant the tree before the thirty day period - the fruit will only leave the realm of Orlah on the Tu bi'Sh'vat following the third Rosh Hashanah (because the New Year for trees is Tu bi'Sh'vat).

(b) The Beraisa's concluding words 've'Im li'Revai, li'Revai' - means that exactly the same will apply to the fruit at the end of the fourth year, which will remain Neta Re'vai until Tu bi'Sh'vat.

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