Ask A Question on the daf

Previous daf

1) A MAN THAT SELLS HIMSELF

(a) (Mishnah): Reuven sold himself and his children to Nochrim - we do not redeem Reuven, but we redeem his children after he dies.
(b) (Gemara - Rav Asi): The case is, he sold himself 3 times.
(c) People of Bei Michsi used to borrow money from Nochrim; when they could not pay back, the lenders took the borrowers as slaves.

1. Rav Huna: The Mishnah says, we do not redeem one who sells himself!
2. R. Aba: But you taught us, that is only when he sold himself 3 times!
3. Rav Huna: These people are used to this (it is as if they did it 3 times).

(d) A man sold himself to cannibals; he asked R. Ami to redeem him.

1. R. Ami: The Mishnah teaches, one who sold himself and his children to Nochrim - we do not redeem the father, but we redeem his children - this is so the children will not learn to act as the Nochrim; all the more so, we redeem in order to save a life!
2. Rabanan: This man is a Mumar (intentional sinner) - we saw him eat unslaughtered and Treifah animals!
3. R. Ami: Perhaps he desired eating them (but otherwise, he would not sin).
4. Rabanan: Sometimes, when he has a choice, he prefers forbidden food to permitted food!
5. R. Ami (to the man): Leave - based on their testimony, I cannot redeem you.

(e) Reish Lakish sold himself to cannibals. He took with him a sack with a lead ball concealed inside. He knew that they grant their victims anything they request on the last day, in order that the victims should pardon them for eating them.

1. On his last day he requested that they all be tied up, and he would give each 1 and a half hits. He was able to kill them all, most with only 1 hit.

(f) When Reish Lakish died, he left over some saffron to his heirs. He lamented: "They left their wealth to others".

(a) (Mishnah): One who sells his field to Nochrim buys the fruit and brings from it Bikurim (the first fruits to ripen of the 7 species, which are given to a Kohen in the Mikdash) to fix the world.
(b) (Gemara - Rabah): A Nochri cannot acquire land in Eretz Yisrael to exempt it from Ma'aser (i.e. that there should be no obligation to tithe its fruit, as land of Chutz La'aretz) - "To (Hash-m) is the land" - the sanctity of the land (therefore, it never goes away);

1. Still, a Nochri can acquire land in Eretz Yisrael to allow him to dig pits (even though this damages the land) - "The Heavens are to Hash-m, the land was given to man".

(c) (R. Elazar): A Nochri can acquire land in Eretz Yisrael to exempt it from tithes - "(You will tithe) your grain" - not the grain of Nochrim;

1. Still, a Nochri cannot acquire land in Eretz Yisrael to allow him to dig pits - "To Hash-m is the land".

(d) Question: On what do they argue?
(e) Answer: R. Elazar expounds "Your Degen (grain)" - not the grain of Nochrim; Rabah expounds "Your Digun (piling of grain)" - not the piling of Nochrim.
(f) Support (Rabah for himself - Mishnah): Leket, Shichchah and Pei'ah (agricultural gifts left for the poor) of Nochrim must be tithed, unless he made a declaration of Hefker.

1. Question: What is the case?

i. Suggestion: The fruit grew on a Yisrael's field, and a Nochri took them.
ii. Rejection: The end of the Mishnah says, unless he made a declaration of Hefker - the fruit is Hefker without any declaration!

2. Answer: Rather, the fruit grew on a Nochri's field, and a Yisrael took them.

i. We see, if the Nochri does not make them Hefker, they must be tithed!

(g) Rejection: Really, the fruit grew on a Yisrael's field, and a Nochri took them.

1. The fruit is not fully Hefker without any declaration - the owner only left them for Yisraelim to take, not for Nochrim!

(h) (Beraisa): A Yisrael bought a field from a Nochri before the fruit was 1/3 grown. He sold it back after the fruit was 1/3 grown - it must be tithed, because it already was obligated to be tithed (when it was 1/3 grown by the Yisrael).

1. We infer, had it not reached 1/3 growth by the Yisrael, it would be exempt by the Nochri (even though it grows by the Nochri - this proves that R. Elazar is correct)!

(i) Rejection: The Beraisa speaks of Surya; the Tana holds, land conquered by an individual (David) does not get the sanctity of Eretz Yisrael. (Tithes apply there mid'Rabanan, only on the land of Yisraelim.)
(j) (Beraisa - Rebbi): A Yisrael and Nochri bought a field as partners - the produce is a mixture of Tevel (untithed produce) and Chulin (produce that need not be tithed);

(k) R. Shimon ben Gamliel says, the Nochri's produce need not be tithed, the Yisrael's produce must be tithed.

1. They only argue regarding Breirah (R. Shimon ben Gamliel says that each partner receives his own share; Rebbi says, each owns half of every fruit - when they divide up, it is as if they sell to each other) - but all agree, what grows on the Nochri's portion is exempt! (This is a proof for R. Elazar.)

(l) Rejection: This Beraisa also speaks of Surya; the Tana holds, land conquered by an individual does not get the sanctity of Eretz Yisrael.
(m) Support (for R. Elazar, question against Rabah - R. Chiya bar Aba - Mishnah): One who sells his field to Nochrim buys the fruit and brings from it Bikurim to fix the world.

1. This is only an enactment to fix the world - mid'Oraisa, it is exempt!

(n) Rejection (Rav Ashi): Really, a Nochri cannot acquire land in Eretz Yisrael to exempt it from its sanctity; there were 2 enactments.

1. At first, people would bring Bikurim mid'Oraisa. Chachamim saw that people were selling since they felt that the land retains its sanctity, so they enacted that Bikurim not be brought from such fields.
2. This resulted in people leaving the field in the hands of the Nochri (By doing so, the original owners were exempt from Bikurim!) It was enacted that people resume bringing Bikurim.

(a) (R. Yochanan): A man sold the rights to consume the produce of his field. The buyer brings Bikurim and recites the declaration (in which he thanks Hash-m for "The land you gave to me");
(b) (Reish Lakish): The buyer brings Bikurim but does not recite.

1. R. Yochanan says that he brings and recites - he holds, owning the produce is as owning the field itself;
2. Reish Lakish says, he brings but does not recite - he holds, owning the produce is not as owning the field itself.

(c) [Version #1 - Question (R. Yochanan - Beraisa): "To your house" - this teaches that a man brings Bikurim from his wife's property (on which he has rights to eat the produce) and recites.
(d) Answer (Reish Lakish): That is an exception, because the Torah says "To your house".]
(e) [Version #2 - Question (Reish Lakish - Beraisa): "To your house" - this teaches that a man brings Bikurim from his wife's property and recites.

1. That is an exception, because the Torah says, "To your house" - normally, one who owns rights to eat the produce would not make the recital of Bikurim!

(f) Answer (R. Yochanan): From that verse we learn that owning the produce is as owning the field itself.]
(g) Question (against R. Yochanan - Beraisa): A man was bringing his wife's Bikurim, and he heard that she died - he brings them and recites.

1. We infer, had she not died, he would not (recite)!

(h) Answer: No, even had she not died, he would recite. The Beraisa gives the case when she died, to teach that we do not decree on account of R. Yosi bar Chanina's law.

1. (R. Yosi bar Chanina): A landowner harvested his Bikurim and sent them with a messenger. The messenger died - even if the man finishes bringing them himself, he does not recite - "You will take and you will bring" - the taking and bringing must be done by the same person.