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Menachos 70
1) [line 1] AMDINHU - they estimated the Ma'aser (since it is difficult to
be precise when tithing stalks -- SHITAH MEKUBETZES #1) (See Background to
Menachos 66:20.)
2) [line 1] ASRINHU - and they took of the tithes
3) [line 1] SHASLINHU - and they replanted the stalks (that were Chulin,
after the Terumos and Ma'asros were separated)
4) [line 1] HOSIFAH LEHU - and they grew an additional amount
5a) [line 5] DAVAR SHE'ZAR'O KALAH - a plant in which the planted seed
totally decomposes when producing a new plant, e.g. wheat
b) [line 6] DAVAR SHE'EIN ZAR'O KALAH - a plant that contains a regenerative
root or bulb, e.g. scallions
6) [line 8] LITRA BATZAL - a certain weight of onions. (A Litra is
identified with the Roman Libra, a pound.)
7) [line 8] SHE'TIKNO - (lit. which he fixed) from which he separated
Terumos and Ma'asros
8a) [line 9] HASAM HAINU ZERI'ASO - there (with regard to the onions) that
is the normal way that it is planted (using the bulb). As such, it is
reasonable that one must separate Terumos and Ma'asros from the original
bulbs that were planted, as well
b) [line 9] HACHA LAV HAINU ZERI'ASO - here (with regard to the stalks)
this is not the normal way to plant stalks (by transplanting them)
9) [line 11] ATZITZ SHE'EINO NAKUV
(a) Certain Halachos apply only to items that are attached to the ground
(such as the Isur of "Tolesh" on Shabbos) or that are not attached to the
ground (such as the Isur of an item that was worshipped as Avodah Zarah, the
Kinyan of Meshichah, Hechsher Zera'im or Tum'as Ochlim). In addition, a
Halachah sometimes applies only to plants that are attached to the ground of
Eretz Yisrael (such as Terumos and Ma'asros) or to plants that are planted
in a specific field (such as Kil'ayim).
(b) Regarding all of the above-mentioned Halachos, the rule is that a plant
planted in a flowerpot with a hole in it is considered to be planted in the
earth below the flowerpot's hole. If the flowerpot does not have a hole in
it, the plant is considered to be detached from the ground, and is equated
with all other movable assets ("Metaltelim," or chattels). (This is the
opinion of the Chachamim. Rebbi Shimon disagrees and equates a flowerpot
with a hole in it to a flowerpot without a hole. He considers them both to
be detached from the ground for all matters except for Hechsher Zera'im --
Shabbos 95a.)
(c) If the flowerpot has a hole in the side, some consider it to be the same
as a flowerpot with a hole in its bottom. Some distinguish between a
flowerpot made of earthenware (Cheres) and one made of metal or stone,
ruling that what grows in an earthenware flowerpot is considered to be
attached to the ground even if the flowerpot has no hole (see Rishonim to
Gitin 7b).
(d) A flowerpot without a drainage hole is only obligated mid'Rabanan to
have Terumos and Ma'asros separate from it. It is prohibited to separate
Ma'aser from an Atzitz she'Eino Nakuv for the sake of fulfilling the
obligation of separating Ma'aser from an Atzitz Nakuv. Abaye understood that
Rebbi Chanina bar Minyomi was asking what the Halachah is with regard to a
plant that grows in an Atzitz she'Eino Nakuv and then the owner pierces it,
making it an Atzitz Nakuv. After it has additional growth, can one separate
Terumos and Ma'asros from itself for its own sake? Does the additional
growth cause the original growth to require re-tithing?s
10) [line 12] HACHA CHADA ZERI'AH HI - only one action of planting has been
done
11) [line 13] ICHBUREI HU D'KA MICHBERA V'OLEH - [when the flowerpot is
pierced,] it only becomes "attached" [to the ground, but is not considered
to have been transplanted]
12) [line 14] HASAM SHTEI ZERI'OS NINHU - there (with regard to the
transplanted grain stalk), it was planted twice, to all intents and purposes
13) [line 15] SHE'MERCHAH BI'KERI - stalks that were picked, upon which the
owner performed Miru'ach, i.e. making the stalks in the field into an evened
pile (which is an action that is normally "Kove'a l'Ma'aser," obligates the
produce to be tithed, when performed upon grain kernels), after which he
replanted them
14) [line 15] KARA ALEHA SHEM BI'MECHUBAR - he then separated Terumah from
the standing stalks by designating a certain amount of stalks as Terumah
15) [line 16] TAVLA LAH - he caused the already-tithed stalks to become
Tevel once again, i.e. to require tithing once again
16) [line 17] KADSHAH LAH - he sanctified as Terumah, the standing stalks
that he separated
17) [line 18] PAKA LEI TIVLA MINAH - that is, the original Miru'ach, that
apparently obligated the stalks to be tithed, was cancelled when they were
replanted
18) [line 20] LO MATZINU TERUMAH B'MECHUBAR L'KARKA - we do not find any
instance of standing grain that can serve as separated Terumah
19) [line 22] ICHAYUVEI MISAH V'CHOMESH - to make the person who eats it
liable to Misah bi'Ydei Shamayim and Chomesh (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen.
Kohanim and members of their households are allowed to eat Terumah, as long
as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the amount of Terumah that he ate to the Kohen who
owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, he is
fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the
value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2),
and is not necessarily given to the Kohen who owned the Terumah that was
eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking
olive oil, he only pays the value of the Terumah that was destroyed (i.e.
the normal Halachah of damages applies to him, and not the laws of Tashlumei
Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally)
pays the value of the Terumah destroyed (i.e. the normal Halachah of damages
applies to him, and not Tashlumei Terumah), and incurs the punishment of
Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara
(Sanhedrin 83a). According to Rav (Sanhedrin 83b) -- he is punished with
lashes).
20) [line 23] V'IY GACHIN V'ACHIL - and if he bends over and eats from those
stalks
21) [line 24] MID'CHASAV A'PINKESA D'ILFA - from what was written on the
notepad of Ilfa, the Amora
22) [line 25] BEITZEI NIVLAS HA'OF HA'TAHOR - the eggs of a Kosher bird that
died without proper ritual slaughter
(a) Normally, items that are Tamei spread Tum'ah through touching them or
carrying them ("Maga" or "Masa"). The only object that is Metamei mid'Oraisa
*while being eaten* is Nivlas Of Tahor. Nivlas Of Tahor is a Kosher bird
that died or was killed without Shechitah. (This includes a bird that is
unfit to be brought as a Korban upon which Melikah -- see Background to
Menachos 45:15 -- was performed.) It is *only* Metamei while in the Beis
ha'Beli'ah (throat), during the process of being swallowed.
(b) A Nivlas Of Tahor is Metamei the person eating it, as well as any
clothes or utensils that he is touching at the time that it is in his
throat, giving them the status of "Rishon l'Tum'ah." (Once it is swallowed,
the person remains Tamei, but is only Metamei food and drinks, i.e. he is a
Rishon l'Tum'ah).
23) [line 26] MI'BIFNIM - (the words "*U'MIN* HA'SHALAL SHEL BEITZIM" in
RASHI DH mi'Bifnim and in TOSFOS DH Beitzei Nivlas Of Tahor should be "*MIN*
HA'SHALAL SHEL BEITZIM")
24) [line 25] MIKTZASAN BA'CHUTZ U'MIKTZASAN BIFNIM - when part of them are
outside of the bird and part of them are inside (i.e. the bird began to lay
an egg when it died)
25) [line 26] METAM'IN BEGADIM A'BEIS HA'BELI'AH - see above, entry #22.
26) [line 31] KIL'AYIM (KIL'EI ZERA'IM)
(a) It is forbidden to plant different types of crops together (Kil'ei
Zera'im) as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not
plant different species (together) in your field." (Vayikra 19:19). The
resulting produce is not Asur b'Hana'ah.
(b) With regard to sowing different types of crops in a vineyard, the verse
states "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher
Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other
species, lest the fruit of the seed which you have sown, and the fruit of
the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim in a
vineyard, the produce becomes prohibited ('Kidesh,' from the word in the
verse, 'Tikdash'). TOSFOS DH Ein (II) writes that our Gemara specifically
refers to Kil'ei Zera'im and *not* to Kil'ei ha'Kerem.
(c) The Mishnayos in Maseches Kil'ayim specify the distance that one must
leave in between different crops.
27) [line 32] MAKAS MARDUS MID'RABANAN
Beis Din has the power to inflict lashes upon a person when lashes
mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit.
lashes for rebelliousness) and may be unlimited in number. (See Insights to
Chulin 110:1 for a discussion of the various opinions regarding how Makas
Mardus is administered.)
28) [line 33] SHAPIR - it would have made sense [for Rav Tavyomi / Tuvi bar
Kisna to state this particular Halachah]
29) [line 35] TERUMAH V'YACHZOR V'YITROM - the produce that is set aside
becomes Terumah, however, the owner of the Atzitz Nakuv has not fulfilled
his obligation for separating Terumah, and must separate Terumah again from
the Atzitz Nakuv (the fact that the produce that was separated becomes
Terumah shows that planting in an Atzitz she'Eino Nakuv is considered
Halachic planting)
30a) [line 35] CHITIN - wheat
b) [line 36] SE'ORIN - barley
c) [line 36] KUSMIN - spelt (a species of wheat)
d) [line 36] SHIBOLES SHU'AL - (a) (O.F. aveine) oats; (b) Hordeum sativum
ssp. distichum, a species of barley that grows in two rows (Y. FELIX, Plant
World of the Bible, Masada Press, Ramat Gan 1976, p. 152, based on the
TALMUD YERUSHALMI, Maseches Chalah 1:1)
e) [line 36] SHIFON - (O.F. seigle) rye
31) [line 37] CHALAH
See Background to Menachos 66:19.
70b---------------------------------------70b
32) [line 1] GULVA - (O.F. espelte) spelt
33) [line 1] DISHRA - (O.F. seigle) rye
34) [line 1] SHIBOLEI TE'ALA - [a grain] the stalks [of which look like the
tail] of a fox (see above, entry #30d)
35a) [line 2] OREZ - (a) (O.F. mil) millet (RASHI to Berachos 37a); (b) rice
(TOSFOS ibid.)
b) [line 2] DOCHAN - (a) (O.F. panil, paniz) panic grass, a type of millet
(RASHI to Rosh Hashanah 13b); (b) (O.F. mil) millet (TOSFOS to Berachos 37a)
36) [line 4] "V'HAYAH BA'ACHALCHEM MI'LECHEM HA'ARETZ" - "And it shall be,
when you eat of the bread of the Land" (Bamidbar 15:19)
37) [line 7] "LO SOCHAL ALAV CHAMETZ SHIV'AS YAMIM TOCHAL ALAV MATZOS LECHEM
ONI..." - "Do not eat with it (with the Pesach sacrifice) leavened products;
seven days shall you eat with it Matzos, poor [man's] bread..." (Devarim
16:3)
38a) [line 9] CHIMUTZ - leavening
b) [line 11] SIRACHON - spoilage, rotting
39a) [line 12] TEVU'AH - produce, grain kernels
b) [line 12] KEMACHIM - flour
c) [line 12] BETZEIKOS - dough
40) [line 14] L'INYAN CHADASH - with regard to the prohibition of Chadash
(see Background to Menachos 67:30)
41) [line 15] L'INYAN MA'ASER SHENI (MA'ASER SHENI:ACHILASO / PIDYONO /
KELITAH)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, 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.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and 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.
(b) The produce may not be eaten until both Terumos have been separated from
it. Until the Terumos have been separated, the produce is called Tevel. The
punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) 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.
(d) 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. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim (without Pidyon,
redemption -- see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni
2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it
may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), 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 that is
bought with this 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 additional fifth.
42) [line 15] D'IY ACHIL LEI MI'CHUTZ LA'CHOMAH, LAKI - that if a person
eats it outside of the walls of Yerushalayim, he incurs Malkus
43) [line 18] MAH HASAM OCHLA B'EINEI - just as in that case (dough), the
food is visible (without being covered by the peels, and they are not
considered Ochlin with regard to the Halachos of Tum'as Ochlin -- see
Background to Menachos 54:21)
b) [line 18] AF HACHA NAMI OCHLA B'EINEI - here (the kernels), too, the
food must be visible (without the peels)
44) [line 19] KELUFAH - peeled
45) [line 22] AL KOL ZERA ZERU'A ASHER (HECHSHER / KI YUTAN)
(a) Foods may become Tamei if they touch a source of Tum'ah only if they
were wetted at some point in their history. Making foods wet in a manner
that enables them to become Tamei is called "Hechsher." From then on, even
after they dry, they can become Tamei. Wetting food with either of seven
liquids, water, dew, oil, wine, milk, blood, and honey, can enable the food
to become Tamei.
(b) The food can only become Tamei if the owner of the food was *pleased*
that his food became wet. This is learned from the verse, "v'Chi Yutan Mayim
Al Zera..." - "If water has been placed on seeds and then the dead body [of
a Sheretz] fell upon them, the seeds are Tamei" (Vayikra 11:38). The word
"Yutan" in the verse is written without a Vav, just like the word "Yiten" --
"he places." However, according to the Mesorah, it is read "Yutan" -- "it
was placed." From this we learn that when water or other liquids fall on the
food it is considered Hechsher only if their presence is desirable to the
owner of the food (i.e. it is as though he himself applied them).
(c) It is necessary only for the owner to desire the liquid; he need not
desire that the liquid come into contact with the food. That is, even if the
owner desires the liquid for an entirely different purpose, if the liquid
later comes into contact with food it will enable the food to become Tamei.
On the other hand, if the owner only intended to dispose of the liquid it
does not enable the food to become Tamei, since only liquids that are
significant can cause Hechsher.
(d) It is only considered "Ki Yiten" when the liquid falls upon an object,
with the will of the owner, that is *detached* from the ground.
46) [line 24] ADASHIM - lentils
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