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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Menachos 70
1) REPLANTING GRAIN
(a) Question (Rabah): What is the law regarding Ma'aser?
1. Question: What is the case?
2. Answer: Ears were harvested, tithed, planted and
grew;
i. If the Ikar does not determine the law, the
added growth must be tithed - must the Ikar
also be tithed again?
(b) Answer (Abaye): This should be like any grain that is
planted (it must be tithed!)
(c) Clarification (Rabah): I do not ask about things in which
the seed decomposes (surely, all the growth is new, it
must be tithed);
1. I ask about things in which the 'seed' (what is
planted, in this case the ear) remains.
(d) Answer: The following teaches that it must be tithed.
1. (R. Yitzchak): If an onion was tithed and planted,
Ma'aser must be taken on all of it.
(e) Rejection: That is different, for onions are normally
planted, but ears are not normally planted.
(f) Question (R. Chanina bar Minyomi): What is the law of an
Atziz she'Eino Nakuv (a flowerpot without a hole?)
(g) Abaye: Clearly, the Chiyuv to tithe it is only
mid'Rabanan!
(h) Suggestion: Perhaps you ask, what is the law if it was
later punctured? (Rashi - may we take its tithes from
itself? Shitah Mekubetzes - if one tithes from other
produce on it, how much must be taken?)
(i) [Text brought in the margin - (R. Chanina): Yes!
(j) Answer (Abaye): This is Rabah's question (is the Ikar
Batul to the additional growth?)
1. (Shitah - do we take tithes to exempt the entire
amount, or only for the added growth? Rashi - if
only the added growth must be tithed (mid'Oraisa),
we cannot separate the tithes from it itself -
perhaps the part we will take is exempt, it cannot
exempt what is liable!)
(k) Rejection (R. Chanina) - end of text in margin]: This is
unlike Rabah's question - here, it was all one planting
(just it became Chayav mid'Oraisa), there it was
replanted (perhaps what was planted becomes Chayav.)
(l) Question (R. Avahu): If Miru'ach was done to a pile, one
of the ears was planted and the owner made it Terumah
(while it was attached), what is the law?
1. Since it became ('fixed') Tevel (it may not be
eaten, even casually, before taking Terumah), it can
become Terumah even when attached;
2. Or, since it was planted, it ceases to be ('fixed')
Tevel, it is like regular attached produce, it
cannot become Terumah?
(m) Answer (Rabanan): Surely, the first possibility is wrong,
we never find attached Terumah!
(n) Rejection (Abaye): We never find that one is liable Misah
bi'Dei Shamayim or an added fifth for attached Terumah,
but this is for a different reason (it cannot be eaten
normally, but perhaps it really is Terumah!)
1. If one detaches it and eats it, it is not attached;
2. If one eats it while it is attached, this is
abnormal, it is not considered eating!
(o) Question: Why is this different than the following
teaching, which was written on the ledger of Ilfa (an
Amora?)
1. If eggs of Nivlas Of Tahor are partially inside the
bird, Tum'as Beis ha'Bli'ah applies to one who eats
what is inside, not to one who eats what is outside.
2. (Even though it is not normal to eat eggs inside a
carcass, it is considered eating!)
(p) Answer: It is normal to eat something inside something
detached, it is not normal to eat something attached to
the ground.
(q) (Rav Tivyomi bar Kisna): If one plants Kilayim in an
Atziz she'Eino Nakuv, it is forbidden.
(r) Objection (Abaye): Had he taught that one is lashed for
this, that would be a Chidush;
1. What is the Chidush to say that it is forbidden,
i.e. mid'Rabanan this is considered planting? A
Mishnah teaches this!
2. If Terumah was taken from an Atziz she'Eino Nakuv on
an Atziz Nakuv, it is Terumah, Terumah must be taken
again.
2) THE FIVE GRAINS
(a) (Mishnah): (Doughs made from any of) the following are
Chayav in Chalah - wheat, barley, Kusmin, Shiboles
Shu'al, Shifon, they join with each other (this will be
explained);
(b) It is forbidden to eat Chadash of these grains before the
Omer (this is the text of most Meforshim), or to harvest
them before Pesach.
(c) If Hashrashah was before the Omer, the Omer permits them;
if not, they are forbidden until nest year's Omer.
(d) (Gemara - Beraisa): Kusmin is a type of wheat (it is also
a type of barley), Shiboles Shu'al and Shifon are types
of barley;
1. Kusmin is spelt, Shiboles Shu'al is oats, Shifon is
rye.
70b---------------------------------------70b
2. These grains are Chayav in Chalah, rice and millet
are exempt.
(e) Question: What is the source that these are exempt?
(f) Answer (Reish Lakish): We learn from a Gezerah Shavah
"Lechem-Lechem" from Matzah;
1. It says "V'Hayah ba'Achalchem mi'Lechem ha'Aretz
(Tarimu Terumah la'Sh-m, i.e. Chalah)", and Matzah
is called "Lechem Oni".
(g) Question: What is the source that Matzah must be of the
five grains?
1. Answer (Reish Lakish): "Lo Sochal Alav Chametz
Shiv'as Yomim Tochal Alav Matzos" - Matzah must be
made from something that can become Chametz, rice
and millet cannot become Chametz (they merely
spoil.)
(h) (Mishnah): They join with each other.
(i) (Beraisa): Grain, flour and dough join with each other.
(j) Question: Regarding what Halachah do they join with each
other?
(k) Answer #1 (Rav Kahana): They join (to the Shi'ur of a
k'Zayis to be liable) for (eating) Chadash;
(l) Answer #2 (Rav Yosef): They join for Chametz;
(m) Answer #3 (Rav Papa): They join for Ma'aser Sheni (one
who eats a k'Zayis outside Yerushalayim is lashed);
(n) Answer #4 (Rava): They join (to the Shi'ur of an egg) for
Tum'as Ochlim;
1. The Beraisa teaches that grain and flour must be
similar to dough in order to join, i.e. the food
itself without waste.
(o) Support (Beraisa): Wheat joins (other foods for Tum'as
Ochlim) whether or not it was shelled, barley joins only
if it was shelled. (Even the barley itself does not join,
for the shell separates between it and the edible food.)
(p) Question (Tana d'vei R. Yishmael): (Tum'ah applies to)
"Kol Zera Zeru'a" - the way people plant seeds, the
wheat, barley or lentils are still in their shells.
(q) Version #1 (Rashi) Answer: If the shell is wet, it joins
(for it is edible; alternatively, for it is a proper
Shomer, it will not fall off), if it is dry, it does not.
(r) Version #2 (Rambam (5:12)) Answer: If the shell is wet,
it does not join; if it is dry, it joins (Kesef Mishnah -
it is normally planted when dry.)
3) WHEN ONE MAY HARVEST "CHADASH"
(a) (Mishnah): It is forbidden to eat Chadash of these grains
before the Omer.
(b) Question: What is the source of this?
(c) Answer (Reish Lakish): A Gezerah Shavah "Lechem-Lechem"
from Matzah teaches that (Tosfos; Rashi - only) these are
forbidden before the Omer.
(d) (Mishnah): It is forbidden to harvest them before Pesach.
(e) Question: What is the source of this?
(f) Answer (R. Yochanan): We learn from a Gezerah Shavah
"Reishis-Reishis" from Chalah.
(g) Version #1A (our text, Rashi) Question: What does it mean
'(it is forbidden to eat) before the Omer'?
(h) Version #1B (Tosfos) Question: What does it mean (it is
forbidden to harvest) 'before Pesach? (End of Version
#1B)
(i) Answer #1 (R. Yonah): It means 'before the Omer is
harvested' (afterwards, at daybreak of the 16th, it is
permitted); (Shitah Mekubetzes switches the opinions of
R. Yonah and R. Yosi, to conform with Version #2 below;
Birkas ha'Zevach switches the opinions below.)
(j) Answer #2 (R. Yosi Barzavda): It means 'before Hakravas
ha'Omer.'
(k) Objection (Mishnah): It is forbidden to eat Chadash of
these grains before the Omer, or to harvest them before
Pesach.
1. (It is forbidden to harvest on Yom Tov, it is not
permitted until the second night of Pesach.)
2. We understand according to R. Yosi, the Tana had to
teach separately when each of these is forbidden;
3. But according to R. Yonah, eating and harvesting are
both forbidden until the Omer is harvested (Rashi;
Tosfos - offered) - it should say, it is forbidden
to eat or harvest before the Omer)! (Rashi - even
though eating is forbidden until daybreak, it is
possible that the harvest will be done just before
this.)
(l) Version #2: The Amora'im argue about the Seifa.
1. (Mishnah): If Hashrashah was before the Omer, the
Omer permits them...
2. Question: What does it mean 'before the Omer'?
3. Answer #1 (R. Yonah): It means 'before the Omer is
harvested.'
4. Answer #2 (R. Yosi Barzavda): It means 'before
Hakravas ha'Omer.'
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