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Eruvin 31
ERUVIN 31-35 - have been dedicated by Mrs. Rita Grunberger of Queens, N.Y.,
in loving memory of her late husband, Yitzchok Yakov ben Eliyahu Grunberger.
Mr Grunberger helped many people quietly in an unassuming manner and is
sorely missed by all who knew him. Yahrzeit: 10 Sivan.
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1) [line 2] KEIVAN D'ACHTA - as soon as it is placed down
2) [line 4] PESHUTEI KLEI ETZ (Wooden utensils that do not have a
receptacle)
(a) The Torah teaches (Vayikra 11:32) that vessels made of certain types of
material become Tamei when they come into contact with a Mes or a Sheretz.
(b) Vessels made of wood, fabric (wool, linen, canvas, etc.), leather, sack
(made of goat hair), and bone do not become Tamei through contact with a Mes
or Sheretz unless they have a receptacle (that is, the vessel must be made
in such a way that it can be filled with another object or liquid). This
Halachah is derived from a Hekesh which compares the above mentioned
materials to a sack, which always has a receptacle to hold things (Gemara
Chagigah 26b). Therefore, wooden utensils that do not have a receptacle
("Peshutei Klei Etz") cannot become Tamei with Tum'as Mes or Tum'as Sheretz.
3) [line 8] MITZVOS LAV LEIHANOS NITNU (Mitzvos were not given for the
benefit derived from them)
(a) The Torah classifies many objects as Isurei Hana'ah (items from which it
is prohibited to benefit), such as Orlah (see Background to Berachos 36:15),
Kil'ei ha'Kerem (see Background to Eruvin 3:18), Eglah Arufah (see
Background to Eruvin 35:19), Tziporei Metzora (see Background to Nidah
70:1), a Nazir's hair (see Background to Eruvin 4:15), Shor ha'Niskal (see
Background to Nidah 8:4), Avodah Zarah (see Background to Shabbos 82:35), Ir
ha'Nidachas (see Background to Kerisus 24:7), Peter Chamor (see Introduction
to Bechoros 1:III), Basar b'Chalav (see Background to Chulin 103:6), Chulin
she'Nishchetu ba'Azarah (see Background to Temurah 33:5) and a dead body
(see Gemara Avodah Zarah 29b) and its grave or shrouds (Gemara Sanhedrin
47b).
(b) The Amora'im argue as to whether it is possible to perform a Mitzvah
using one of the objects listed above (Rosh ha'Shanah 28a, Chulin 89a). Does
the performance of a Mitzvah constitute "benefit" which is forbidden? Rava
rules that the Torah does not include the performance of a Mitzvah in the
prohibition of deriving benefit from Isurei Hana'ah. Rather, Mitzvos are
required *obligations* which are thrust upon us, and they are not done for
our "benefit." Therefore, performing a Mitzvah with one of the Isurei
Hana'ah is permissible.
(c) One exception to this ruling is that even according to the opinion that
Mitzvos may not be described as "benefit," performing a Mitzvah using Avodah
Zarah is nevertheless prohibited. Avodah Zarah is disgusting before HaSh-m
and it is not proper to use it in the performance of a Mitzvah.
4) [line 23] DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his
Torah-observance - see Berachos 47b) is referred to as Demai ("Da Mai?" =
"what is this?").
(b) Terumas Ma'aser, and Ma'aser Sheni must be separated from this produce
since a minority of Amei ha'Aretz cannot be trusted to have separated them
before selling it. Terumah Gedolah, however, (because of its stringency) is
presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are
separated from the produce, but eaten by the owner (in keeping with the
principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").
5) [line 23] MA'ASER RISHON
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah from the crop and give it to a Kohen. Although the
Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called Ma'aser Rishon; one tenth of the produce must be given
to a Levi.
6) [line 24] MA'ASER SHENI
(a) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(b) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(c) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food which is bought with
that money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the fifth.
*6*) [line 25] V'HA'KOHANIM B'CHALAH - this follows the opinion of Sumchus,
that an Eruv must be made with a food that the person can eat
7) [line 25] CHALAH
Whenever a person kneads a dough made from one of the five species of grain
(wheat, barley, oats, rye or spelt), he must separate a small portion to be
given to the Kohen, as specified in Bamidbar 15:17-21. This portion is
called Chalah. The requirement to separate Chalah with a Berachah only
applies to a dough made from the volume of 43.2 Beitzim of flour (about 10
1/2 cups or 2.48 liters). An amount about half that much requires Chalah to
be separated without a Berachah. A baker must separate 1/48 of his dough as
Chalah, while a normal homeowner must separate 1/24.
31b---------------------------------------31b
8) [line 1] ACHSANYA - (a) a Jewish army (RASHI here and in Berachos 47a);
(b) a Jewish guest (TOSFOS Berachos ibid. DH u'Ma'achilin, RAMBAM Hilchos
Ma'aser 10:11); (c) a non-Jewish army (TOSFOS ibid. and here DH v'Es)
9) [line 5] SHE'HIKDIMO B'SHIBOLIN
(a) By Torah Law, a person is required to tithe his grain only if he
harvests it in a normal manner. This includes completing the stalk-to-grain
process in the field, piling up the grain there and bringing it through the
front door of his house (Berachos 35b). It is then Hukba l'Ma'aser
(designated for tithing). He must separate Terumah Gedolah from the crop and
give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
(b) After Terumah Gedolah is removed from the produce, the first tithe to be
given every year is called Ma'aser Rishon; one tenth of the produce must be
given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser
Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar
18:26.
(c) If a Levi came to the field and claimed the Ma'aser Rishon from the
stalks, before the grain was separated, the requirement to give Terumah
Gedolah is canceled, as Reish Lakish proves from the wording of the verse
(ibid.).
10) [line 15] HAI IDGAN - this one (the Kri), was heaped into a pile,
classifying it as Dagan, which necessitates separating *Terumah Gedolah*, as
the verse (Devarim 18:4) states regarding Terumah Gedolah, "Reshis
*Degancha* ... Titen Lo" - "You should give him the first [part that you
separate] from your produce"
11) [line 20] SHE'ZAR'O B'ATZITZ SHE'EINO NAKUV - it was planted in a pot
without a drainage hole (and received no sustenance from the ground
underneath)
12) [line 22] SHE'HIKDIMO BA'KRI
(a) By Torah Law, a person is required to tithe his grain only if he
harvests it in a normal manner. This includes completing the stalk-to-grain
process in the field, piling up the grain there and bringing it through the
front door of his house (Berachos 35b). It is then Hukba l'Ma'aser
(designated for tithing). He must separate Terumah Gedolah from the crop and
give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
(b) After Terumah Gedolah is removed from the produce, the first tithe to be
given every year is called Ma'aser Rishon; one tenth of the produce must be
given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser
Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar
18:26.
(c) If a Levi came to the field and claimed the Ma'aser Rishon from the Kri
(the pile of grain), he must give Terumah Gedolah to a Kohen, since the
requirement to give Terumah Gedolah exists as soon as the produce is
classified as Dagan, as the verse (Devarim 18:4) states, "Reshis *Degancha*
... Titen Lo" - "You should give him the first [part that you separate] from
your produce."
13) [line 28] ASIMON - a blank; a metal disc from which a coin is stamped
14) [line 29] TZURAH - a design
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