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Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 38

KIDUSHIN 36-40 - 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.

1) ENTERING ERETZ YISRAEL

(a) According to the opinion that "Moshav" connotes 'wherever you dwell' - we understand "They ate from the produce of the land on the day after Pesach";
1. Since Chadash applied right away, we could only eat after bring the Omer on the second day of Pesach.
(b) Question: According to the opinion that "Moshav" connotes after we inherit and apportion the land - we should have eaten as soon as we entered!
(c) Answer: There was no need to eat the land's produce until the manna ceased.
1. "Benei Yisrael ate manna 40 years, until they came to a proper land."
2. Contradiction: "They ate until they came to the border of Eretz Kana'an."
3. Resolution: Moshe died on Adar 7, and the manna ceased falling. What they gathered into their vessels lasted until Nisan 16.
(d) (Beraisa) Question: "Benei Yisrael ate manna 40 years" - it was 1 month less than this (for it only started falling on Iyar 16)!
(e) Answer: The doughs they took with them from Mitzrayim (which lasted from Nisan 15 until Iyar 15) had the taste of manna.
(f) (Beraisa): Moshe was born and died on Adar 7.
(g) Question: How do we know he died that day?
(h) Answer: "Benei Yisrael cried over Moshe for 30 days"; after this "In 3 more days you will cross..."; "They alighted from the Jordan River on Nisan 10."
1. Adar 7 is 33 days before Nisan 10.
(i) Question: How do we know he was born that day?
(j) Answer: "I am 120 years old today" - Hash-m fulfills the years of Tzadikim to the day and month - "The number of your days I will fulfill".
2) MITZVOS DEPENDENT ON LAND THAT APPLY IN CHUTZ LA'ARETZ
(a) (Beraisa - R. Shimon bar Yochai): When Yisrael entered Eretz Yisrael, they were commanded 3 Mitzvos that apply also in Chutz La'aretz (Chadash, Orlah and Kil'ayim).
1. ("Moshav" teaches that Chadash applies in Chutz La'aretz; a Kal va'Chomer teaches that the others also do.)
2. Chadash is not a permanent prohibition (it never extends past Nisan 16), it does not prohibit benefit (only eating), the prohibition can be lifted (on Nisan 16, when the Omer is brought) - yet it applies even in Chutz La'aretz;
3. Kil'ayim is a permanent prohibition, it prohibits benefit, the prohibition cannot be lifted - all the more so, it applies even in Chutz La'aretz!
i. Two of these stringencies (Rashi - it prohibits benefit and the prohibition cannot be lifted; Tosfos - it is a permanent prohibition and it prohibits benefit) apply to Orlah, so the Kal va'Chomer applies to Orlah as well.
38b---------------------------------------38b

(b) R. Elazar b'Rebbi Shimon says, every Mitzvah we were commanded before we entered the land applies in Chutz La'aretz as well; every Mitzvah we were commanded after entering the land only applies in Eretz Yisrael, except for Shemitah of money and sending slaves free.
1. Even though we were commanded these 2 after we entered, they also apply in Chutz La'aretz.
(c) Question: Shemitah of money is not dependent on the land (Rashi - so we were commanded before we entered the land; Tosfos - therefore, clearly it applies in Chutz La'aretz as well)!
(d) Answer: One might have thought it only applies in Eretz Yisrael because it is equated to Shemitah of land (Rashi - the prohibition to work the land; Tosfos - the return of sold land to the original owner in Yovel).
1. (Beraisa - Rebbi): "Shemitah...Shemot" -the verse speaks of 2 Shemitos, of money and land; Shemitah of money only applies when Shemitah of land applies.
2. Suggestion: We should say, Shemitah of money only applies where Shemitah of land applies (In Eretz Yisrael)!
3. Rejection: "You will declare Shemitah to Hash-m" - everywhere.
(e) Question: Freedom of slaves is not dependent on the land - why does the Beraisa have to teach that it applies in Chutz La'aretz?
(f) Answer: Since it says "You will declare freedom in the land", one might have thought it only applies in Eretz Yisrael;
1. "It is Yovel" teaches that freedom applies everywhere.
2. Question: If so, why does it say "You will declare freedom in the land"?
3. Answer: Freedom only applies in Chutz La'aretz when it applies in Eretz Yisrael.
3) ORLAH AND KIL'AYIM
(a) (Mishnah): Chadash is forbidden mid'Oraisa even in Chutz La'aretz; Orlah is forbidden (in Chutz La'aretz) by a Halachah (law), Kil'ayim is forbidden mid'Rabanan.
(b) Question: What kind of Halachah forbids Orlah?
(c) Answer #1 (Rav Yehudah): Ways of the land (since Yisraelim adopted the practice, it became an obligation).
(d) Answer #2 (Ula): A Halachah received from Moshe from Sinai
(e) Ula: According to me, we understand why doubtful Orlah and doubtful Kil'ayim are treated differently (in Chutz La'aretz - Orlah is mid'Oraisa, Kil'ayim is not).
1. (Mishnah): Fruit that might be Orlah - in Eretz Yisrael, it is forbidden; in Surya (the land David conquered and annexed to Yisrael) it is permitted (if it was already picked), in Chutz La'aretz, you may even ask the seller to pick (from an orchard with Orlah and permitted trees), as long as you don't see him pick Orlah.
2. Vegetables are being sold outside a vineyard in which vegetables are growing - in Eretz Yisrael, they are forbidden; in Surya they are permitted, in Chutz La'aretz, you may buy definite Kil'ayim, as long as you don't pick it yourself.
(f) Question (Ula): According to Rav Yehudah, both are mid'Rabanan - why are the laws different?
(g) Answer: Indeed, Shmuel said that both Mishnayos (Orlah and Kil'ayim) should say the same thing - either both say, 'as long as you don't see the seller picking (what is surely forbidden)', or both say, 'as long as you don't pick it yourself'.
1. Mar brei d'Ravna learns the lenient version (in both cases, one may see the seller pick it).
(h) Levi asked Shmuel to pick fruit (presumably Orlah of Chutz La'aretz) for him - Levi would not know that it is definitely Orlah, so it would be permitted to him.
(i) Rav Avya and Rabah bar bar Chanan would supply each other with Orlah of Chutz La'aretz (neither was sure that he was receiving Orlah).
(j) (Eifa and Avimi): Orlah does not apply in Chutz La'aretz.
1. When R. Yochanan heard this, he told Rav Yehudah to publicize (in their city) that definite Orlah (of Chutz La'aretz) must be destroyed; doubtful Orlah is permitted, but this should not be publicized;
2. The fruits of Eifa and Avimi must be buried;
3. R. Yochanan cursed anyone that would say that Orlah does not apply in Chutz La'aretz.
(k) Question: As whom do Eifa and Avimi hold?
(l) Answer (Beraisa - R. Elazar b'Rebbi Yosi, citing R. Eliezer): Orlah does not apply in Chutz La'aretz.
(m) Contradiction (Mishnah - R. Eliezer): Even Chadash applies in Chutz La'aretz (as well as Orlah and Kil'ayim).
(n) Correction: The word 'Even' should be deleted from the text.
(o) (Rav Asi): A tradition from Moshe from Sinai forbids Orlah in Chutz La'aretz.
(p) Question (R. Zeira - Mishnah): Fruit that might be Orlah - in Eretz Yisrael, it is forbidden; in Surya it is permitted, in Chutz La'aretz, you may buy it, as long as you don't see the seller picking what is surely Orlah. (If Orlah is forbidden mid'Oraisa, we must be stringent when in doubt)!
(q) Answer (Rav Asi): The tradition says that only definite Orlah is forbidden.
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