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Eruvin 40

1) SMELLING A MYRTLE BRANCH THAT WAS CUT BY A GENTILE ON YOM TOV

QUESTION: A gentile cut a myrtle branch on the second day of Yom Tov and gave it to Jews. Ravina permitted the Jews to benefit from the myrtle and to smell it immediately after the end of Yom Tov.

Why did he require waiting until the end of Yom Tov? It should be permitted to smell the myrtle even on Yom Tov! The Gemara in Sukah (37b) says that although it is not permitted to smell an Esrog on a tree on Shabbos because one might pick it, it is permitted to smell a myrtle leaf on a bush on Shabbos. The reason for this is that it is more difficult to break off a branch that it is to pick a fruit, and therefore there is no fear that one will cut it off on Shabbos.

Since it is permitted to smell myrtle while it is attached, one is not gaining anything from the Melachah that the gentile did by detaching it. Why, then, should it be prohibited to smell it on Yom Tov when the gentile picked it? Since it was permitted to smell it when it was attached, it should be permitted to smell it when it is detached!

ANSWERS:

(a) The RASHBA explains that one *is* benefiting from the fact that it was cut off, because now the branch can be used within the Chupah. Since it is possible to transport it to the Chupah only if it was picked, one is benefiting from the gentile's Melachah. When Ravina ruled that it may only be smelled after Yom Tov, he meant that it may only be brought into the Chupah and used *there* after Yom Tov.

(b) The RA'AVAD explains that when the Gemara in Sukah says that it is not prohibited to smell a myrtle that is attached to the ground, that is only because there is no fear that one will do a transgression with it; i.e. one will not pick it because it is difficult to pick. However, once it is cut off, there is reason to fear that one will do a transgression with it, such as move it, which is forbidden because it is Muktzah since it was attached to the ground during Bein ha'Shemashos. Even though one may smell it, one is not allowed to move it. Therefore, it is prohibited to smell a myrtle that was picked by a gentile on Yom Tov, because of the fear that one might move it. That is the reason why Ravina did not permit the myrtle to be used (even for smelling) on Yom Tov.

(c) The RITVA explains that it does not matter whether or not one benefits from the act of Melachah done by a gentile on Yom Tov. Once a Melachah was done with an object on Yom Tov, such as the myrtle branch that was picked on Yom Tov, the Rabanan decreed that it is forbidden because the Melachah was done for the sake of a Jew -- even though the Jew does not gain any benefit from that Melachah (since he could have smelled the myrtle before it was picked). The reason is because of the fear that if it were permitted to use the object, then a Jew might *ask* a gentile to do a Melachah for him, thinking that it is permitted to do so.

(d) RABEINU CHANANEL in Sukah has a different text in the Gemara there. His text reads that it is *permitted* to smell an Esrog on Yom Tov, because it is not really used for smelling as much as a myrtle branch, and a myrtle branch is *prohibited* to smell on Yom Tov, lest one pick it. If so, Ravina's ruling is very simple to understand. Since it was forbidden to smell the myrtle while it was attached, one indeed benefits from the gentile's Melachah when he detaches the myrtle, because now one may smell it. Therefore, it is prohibited to smell until after Yom Tov.

QUESTION: A gentile cut a myrtle branch on the second day of Yom Tov and gave it to Jews. Ravina permitted the Jews to benefit from the myrtle and to smell it immediately after the end of Yom Tov (see previous Insight). The Gemara in Beitzah (24b) says that when a Melachah is done by a gentile on Yom Tov or Shabbos, one must wait some time ("b'Chedei she'Ye'asu") after the departure of Yom Tov or Shabbos in order to benefit from that Melachah. Why did Ravina *initially* rule that it is permitted to use myrtle immediately after Yom Tov and not require waiting "b'Chedei she'Ye'asu?"

ANSWERS:

(a) RASHI (39b, DH Lo Teima Lehu) says that since it was only Yom Tov Sheni, the entire observance of which is only mid'Rabanan due to a doubt, Ravina thought that the Rabanan were lenient and did not require waiting "b'Chedei she'Ye'asu" after the end of Yom Tov.

(b) According to the text of the RIF and other Rishonim, the Gemara says that the myrtle was picked "on Yom Tov" and does not specifically say "Yom Tov Sheni." This implies that Ravina made his ruling even in a case where the Melachah was done on the first day of Yom Tov and permitted benefiting from the Melachah immediately after nightfall, without having to wait. Why did he not require waiting?

The RASHBA and RITVA answer that perhaps Ravina thought that *smelling* differs from a normal act of benefiting from Melachah. Since Ravina merely permitted the branch to be smelled, he thought that there was no need for waiting "b'Chedei she'Ye'asu."

(c) The RASHBA suggests another answer. Perhaps Ravina simply argued on the entire Halachah of waiting "b'Chedei she'Ye'asu." We do not rule like Ravina, of course.

40b

(a) The REMA cites from MAHARI VEIL and the MAHARSHAL (OC 225:6) that one does not recite "Shehecheyanu" on new vegetables, because "they remain on the ground all year." There are two different explanations for what it means that they "remain on the ground all year."

(1) The PERISHAH explains that it means that some vegetables actually stay on their stem or vine from year to year, and by the time the new produce comes in (shortly after Pesach), the old produce is still on the vine. Even though not all vegetables are like that, nevertheless some are like that, the Rabanan decreed that we do not recite "Shehecheyanu" on any new vegetables.

(2) The MAGEN AVRAHAM says that vegetables that "remain on the ground all year" refers to vegetables that are stored away from year to year, and, consequently, last year's vegetables are still being used when the new ones grow in, and one does not have as much pleasure from the new vegetables. Even though some *fruits* are also stored away, since only a few types of fruits are stored the Rabanan did not make a general rule saying that we do not recite "Shehecheyanu" on fruits. On the other hand, most types of vegetables are stored away.

The MISHNAH BERURAH (225:18) adds, though, that for cucumbers, carrots, radishes and the like we do recite "Shehecheyanu." Apparently, when it was said that no "Shehecheyanu" is recited on "Yerek," the statement was referring only to green, leafy vegetables. Other vegetables that grow on little trees and bushes like fruits, though, do require a "Shehecheyanu." A new gourd, as our Gemara says, should require a Shehecheyanu.

QUESTIONS: The Gemara initially assumes that "Shehecheyanu" must be recited over a cup of wine. The Gemara asks how, then, can "Shehecheyanu" be recited on Yom Kippur. The Gemara suggests that one could give the cup of wine to a child to drink. RASHI (DH Lisvei le'Yenuka) explains that it is necessary to give the cup of wine to a child in order to avoid disgracing the cup of wine by reciting the blessing "Borei Pri ha'Gafen" and not benefiting from the wine by drinking it. It is therefore given to a child to drink, because one is allowed to recite a blessing for a child in order to teach him to perform the Mitzvos.

(a) What does Rashi mean when he says that it is a disgrace to the cup of wine not to drink it? He should have simply said that it is a Berachah le'Vatalah (as the Ritva says)!

(b) Why does Rashi say that one is allowed to recite the blessing for a child and give the wine to him because of Chinuch? These children obviously have not reached the age of Chinuch yet, because if they have, then part of their Chinuch is to refrain from eating and drinking on Yom Kippur! On the other hand, if they have not reached the age of Chinuch, then one may not recite a blessing for them! (YA'AVETZ)

ANSWERS:

(a) Apparently, Rashi understands that for a Kos Shel Berachah, one is permitted to recite the blessing "Borei Pri ha'Gafen" even though one is not going to drink the wine. That blessing is not necessarily being said on the wine that is inside the cup. Rather, it is a blessing that is said as a way of giving honor to the blessing of Kidush and Havdalah. That is, one gives honor to the blessings of Kidush and Havdalah by holding a cup of wine and reciting "Borei Pri ha'Gafen" over it as part of the Kidush or Havdalah procedure. Drinking the wine, though, is not necessary in order to make the blessing of "Borei Pri ha'Gafen" become a useful blessing. It is not considered a Berachah le'Vatalah because it is part of Kidush or Havdalah and necessary for giving honor to those blessings.

(b) The RITVA answers that certainly the child has not reached the age of Chinuch of fasting on Yom Kippur. However, the child to whom one gives the wine *is* old enough to start saying blessings for himself. He is just not old enough yet to start fasting on Yom Kippur.