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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Moed Katan 3
MOED KATAN 3 (1 Cheshvan) - dedicated by Reb Mordechai Rabin
(London/Yerushalayim) l'Iluy Nishmas his father, ha'Ga'on Rav Gedalya
Rabinowitz (Manchester, England)
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Questions
1)
(a) Zemirah (pruning) is included in Zeri'ah (sowing), and Betzirah
(harvesting the grapes) in Ketzirah (harvesting the corn). The Torah needs
to mention them - to exclude all other Toldos (as Rava just taught us).
(b) We reconcile this Derashah with the Beraisa, which includes many other
Toldos among the prohibitions of Sh'mitah - by pointing out that Rava is
speaking min ha'Torah, and the Beraisa, mi'de'Rabbanan.
(c) The Tana nevertheless cites the Pasuk "*Sad'cha Lo* Sizra, *ve'Charm'cha
Lo* Sizmor" (to learn from there that all Toldos are prohibited). The Tana
Darshens from such an innocuous Pasuk - because the Torah ought to have
otherwise written "Lo Sizra Sad'cha, ve'Lo Sizmor Karmecha".
The Toldos that are forbidden in the Sh'mitah:
2)
(a) Nichush means to weed, and Idur, to dig. Kisu'ach' means - to cut away
the bad grasses, but from the top, as opposed to Nichush, where one pulls
them out by the roots.
(b) Zirud means cutting off the excess branches (both wet and dry) and Pisug
supporting a tree that is sagging because it is over-moist. 'Kirsum' - means
pruning (like Zimur), but whereas Zimur refers to vines, Kirsum refers to
other trees.
(c) 'Ein Mezavlin (manure) ve'Ein Mefarkin (remove stones from the roots of
the tree)'.
- ... 'Ein Me'avkin - means to cover the exposed roots with earth.
- ... and 'Ein me'Ashnin' - smoking out the worms from the tree.
3)
(a) The Tana permits digging (Kishkush) under the olive-trees and (Idur)
under the vines, filling the pits with water and building mounds of earth
around the vines (Ugi'os) - because it is not similar to sowing (which
pertains specifically to the field).
(b) The Tana permits Kishkush in the Sh'mitah, despite the fact that another
Beraisa specifically prohibits it - because there are two kinds of digging:
to improve the tree and to repair the cracks in the tree; the former is
forbidden, the latter is permitted.
4)
(a) Rebbi Yochanan and Rebbi Elazar argue over whether one receives Malkos
for plowing in the Sh'mitah or not. We initially connect their Machlokes to
a statement made by Rebbi Avin Amar Rebbi Ila'a - who says that when the
K'lal appears in the form of an Asei and the P'rat, in the form of a Lo
Sa'asei, it does not qualify as a 'K'lal u'F'rat u'Ch'lal'.
(b) We conclude however, that both disputants disagree with Rebbi Avin (and
it qualifies as a 'K'lal u'F'rat u'Ch'lal' in whatever form they appear).
Nevertheless, one would one *not* receive Malkos for plowing - because, as
Rava taught us earlier, all Toldos are precluded from the prohibition (from
Zemirah and Betzirah).
(c) The Tana learns that digging under olive-trees and under vines, filling
the pits with water and building mounds of earth around the vines is
permitted - from the fact that the Torah specifically prohibits sowing
(which we would anyway have known from the general prohibition), to permit
any work which does not improve the actual field (like sowing).
3b---------------------------------------3b
Questions
5)
(a) We did not at first know what Rav Dimi meant when he came from Eretz
Yisrael and said that although one might have thought that one receives
Malkos for performing Tosefes of Sh'mitah, we have a Pasuk to teach us that
he does not. Rebbi Elazar connects Rav Dimi's statement with the Halachah
that we just learned - in which case 'Tosefes' will refer to plowing (which
is called Tosefes, because it is learned indirectly from a 'K'lal u'Prat
u'Ch'lal'.
(b) The 'Pasuk' that teaches us that he is Patur - is (Zeri'ah), Zimur,
(Ketzirah) and Betzirah, as we explained above (in 1a).
(c) Rebbi Yochanan interprets 'Tosefes' literally - in which case Rav Dimi
will be referring to the prohibition of plowing and reaping before the
Sh'mitah year actually begins.
(d) He learns it from the Pasuk in Ki Sisa "be'Charish u've'Katzir Tishbos".
6)
(a) According to Beis Shamai, one is permitted to plow a field of trees in
the year of Erev Sh'mitah, as long as it benefits the sixth-year fruit.
Beis Hillel say - until Shavu'os, which is a very short time later (see
Tosfos DH 'Ad Atzeres'. See also Hagahos ha'Gra).
(b) The Tana Kama of the Mishnah in Shevi'is permits plowing a wheat-field
on Erev Shevi'is as long as some moist remains from last year's rains -
because then, the plowing also benefits the sixth year's crop. From then on,
it looks as if he is plowing for next year's cucumber and pumpkin harvest
(which is what people tended to do).
(c) Rebbi Shimon objects to this - because then one is leaving it up to each
individual, since each person tends to plow for his cucumbers and pumpkins
on different dates (clashing with the principle 'Nasata Devarecha
le'Shiurin').
(d) He therefore gives the time limit for plowing ...
- ... a wheat-field - as being Pesach.
- ... a field of trees - Shavu'os.
7)
(a) Rebbi Yehoshua ben Levi maintains that Raban Gamliel and his Beis-Din
nullified the ruling of Beis-Shamai or Beis Hillel and permitted plowing up
to Rosh Hashanah. The problem we have with this radical statement - is how
can Rebbi Yehoshua ben Levi possibly rescind a decree of Beis Shamai and
Beis Hillel, since we have learned on numerous occasions that this can only
be done by a Beis-Din that is superior both in wisdom and in numbers.
(b) And the problem that we have with Rebbi Avahu (or Rebbi Yochanan)'s
reply (that Beis Shamai and Beis Hillel stipulated when they issued the
decree that a later Beis-Din will be able to rescind it) is - that we are
not talking about a decree de'Rabbanan at all, but about a 'Halachah
le'Moshe mi'Sinai' (since 'Eser Neti'os [spread out over a Beis Sa'ah] - our
Halachah (which will be explained shortly), Aravah and Nisuch ha'Mayim are
all 'Halachah le'Moshe mi'Sinai'). Consequently, the Kashya is even stronger
than before: 'How can Rebbi Yehoshua ben Levi possibly rescind a 'Halachah
le'Moshe mi'Sinai'?
(c) We conclude that the Halachah forbids plowing a field of old trees from
thirty days before Rosh Hashanah of the Sh'mitah, and Beis Shamai and Beis
Hillel added from Pesach (regarding a wheat-field) and from Shavu'os
(regarding a field of trees), and it is this latter time-period which Rebbi
Yehoshua ben Levi rescinded.
8)
(a) According to Rebbi Akiva, the Pasuk in Ki Sisa "be'Charish u've'Katzir
Tishbos" refers to Sh'mitah. It comes to teach us - the Din of Tosefes
Sh'mitah, (from thirty days before Rosh Hashanah) as we just explained.
(b) According to Rebbi Yishmael, the Pasuk pertains to Shabbos (and not to
Sh'mitah at all) - to compare reaping to plowing, inasmuch as, just as
plowing is always Reshus (voluntary), so too, is only reaping of Reshus
forbidden on Shabbos, but not reaping of the Omer, which is a Mitzvah and
which overrides Shabbos.
(c) Rav Nachman bar Yitzchak suggests that the *Halachah* comes to *permit*
young trees, and the *Pasuk*, to forbid old ones. He means by ...
1. ... 'permitting young trees' - ten saplings in a Beis Sa'ah, which one is
permitted to plow right up to Rosh Hashanah.
2. ... 'forbidding old trees' - from thirty days before Rosh Hashanah.
(d) But this is senseless! Surely, once we have the Halachah permitting
young trees, we know automatically that old trees are forbidden (even
without a Pasuk). The real distinction that Rav Nachman therefore makes, to
differentiate between the Halachah and the Pasuk is - that the Halachah goes
according to Rebbi Yishmael, and the Pasuk (of "be'Charish u've'Katzir
Tishbos"), to Rebbi Akiva.
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