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1) PINCHAS LED THE WAR AGAINST MIDYAN

1. Support: "Moshe sent 1000 from each tribe to the army, them and Pinchas".

i. "Them" - this is the Sanhedrin; Pinchas - he was the Kohen anointed for war;
ii. "The holy vessels" - this is the Aron and the tablets inside; "The trumpets for blowing" - these are the Shofars.

(b) (Beraisa): Pinchas had special reason to fight - to avenge the Midyanim's sale of his ancestor - "The Medanim sold (Yosef) to Mitzrayim".
(c) Question: This says that Pinchas descends from Yosef - but it says "Elazar took from the daughters of Puti'el as a wife"!

1. Suggestion: This shows that Pinchas descends from (Elazar's wife, who is from) Yisro, who Pitem (fattened) calves for idolatry!
2. Rejection: No, he came from Yosef, who Pitpet (belittled) his evil inclination.
3. Question: But the tribes scorned him - 'Did you see this son of Puti, whose grandfather fattened calves for idolatry, he killed the head of a tribe!'
4. Answer: He descended from both - if his mother's father was from Yosef, his mother's mother was from Yisro, or vice-versa.

i. Support: "From the daughters (plural) of Puti'el."

(a) (Mishnah): The Shotrim speak to the soldiers: '"Who is the man that built a new house and did not inaugurate it - he should return to his house..."

1. He returns for building a house, a cattle pen, or a storehouse for straw, for grain, wine and oil, or for wood,
2. He returns whether he built it, or bought it, inherited it, or received it as a gift.

(b) '"Who is the man that planted a vineyard and did not redeem its fruit..."

1. He returns for planting a vineyard, or 5 fruit trees, even of different species;
2. He returns whether he planted them, returned the shoots into the ground, or grafted them; he also returns if he bought a vineyard (or 5 trees), inherited it, or received it as a gift.

(c) '"Who is the man that engaged a woman..."

1. He returns for engaging a virgin, or widow, even if a Shomeres Yavam fell to him, even if he heard that his brother died in the war, he returns;

(d) All of these people return, and supply water and food to the soldiers, and fix the roads.
(e) The following do not return: one who built a gate-keeper's quarters, an Achsadra (a porch enclosed on 3 sides, open on the 4th), or a balcony;

1. One who planted 4 fruit trees, or even 5 barren trees;
2. One who remarried his ex-wife, or a woman forbidden to him - e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa.
3. R. Yehudah says, even one who rebuilds his house as it used to be does not return;
4. R. Eliezer says, even one who builds a brick house in Sharon (which will not last very long) does not return.

(f) The following stay home and do not even go to the border: one who is in the first year of inaugurating his house, redeeming the fruits of his vineyard, marrying (Nisu'in) his engaged wife or Shomeres Yavam.

1. "He will be clean to his house 1 year" - "house" teaches for his house; "He will be" -for his vineyard; "He will make his wife rejoice" - for his wife; "That he took" - to include a Yevamah.

(g) These men do not supply water and food, and do not fix the roads.
(h) (Gemara - Beraisa): "The Shotrim will speak" - one might have thought, only they say these words - later, it says "The Shotrim will add and say", that Parsha is only said by the Shotrim.

1. By the 1st Parsha (The Shotrim will speak...), the Kohen Gadol speaks, and the Shotrim broadcast his words.

(i) (Beraisa #1): The Kohen Gadol speaks, and the Shotrim broadcast his words.
(j) (Beraisa #2): The Kohen Gadol speaks, and broadcasts his own words.
(k) (Beraisa #3): The Shoter speaks, and broadcasts his own words.
(l) Resolution (Abaye): From "(The Kohen Gadol) will draw close" until "(The Shotrim) will speak" - the Kohen Gadol speaks, and broadcasts his own words;

1. From "They will speak" until "They will add", the Kohen Gadol speaks, and the Shotrim broadcast his words;
2. From "They will add" an onwards, the Shoter speaks, and broadcasts his own words.

(m) (Mishnah): Who is the man that built a new house ...

1. (Beraisa): "Who is the man" - this comes to include one who bought, inherited, or received a house as a gift; "That built" - this comes to include a cattle pen, or a storehouse for straw, for grain, wine and oil, or for wood.

i. Suggestion: Perhaps he returns even if he built a gatekeepers quarters, Achsadra, or balcony.
ii. Rejection: The Torah says "House" - it must be fitting for residence.

2. R. Eliezer ben Yakov says, "House" - in its simple meaning (and not storehouses or cattle pens); "He did not inaugurate it" - to exclude a stolen house.

(n) Suggestion: R. Eliezer ben Yakov does not hold as R. Yosi ha'Gelili, who says that the (fearful and) softhearted person that returns is one that is afraid of his sins.

1. (R. Yosi ha'Gelili would say that he returns because of his theft!)

(o) Rejection: He can hold as R. Yosi ha'Gelili - if he repented of his sin and paid for the house, he does not return.
(p) Question: If so, it is as if he bought the house - he should return!
(q) Answer: Since he originally got the house through theft, he does not return.

(a) (Mishnah): Who is the man that planted a vineyard ...

1. (Beraisa): "Who is the man" - this comes to include one who bought, inherited, or received a vineyard as a gift; "That planted" - this comes to include 5 trees of other species.

i. Suggestion: Perhaps he returns even if he planted 4 fruit trees or 5 barren trees.
ii. Rejection: The Torah says "Vineyard".

2. R. Eliezer ben Yakov says, "Vineyard" - as its simple meaning (and not other trees).
3. "He did not redeem it" - to exclude one who sticks shoots in the ground or grafts.

(b) Contradiction: But our Mishnah says that one returns for these!
(c) Answer #1 (R. Zeira): The Mishnah speaks of grafting in a permitted way, the Beraisa speaks of grafting in a forbidden way.

1. Question: What is the permitted grafting of the Mishnah?

i. Suggestion: If he grafted branches of young trees (within the 3 years of Orlah) onto young trees - even without having grafted, he would return for the young trees!

2. Answer: Rather, he grafted young branches onto old trees.
3. Question: But R. Avahu taught, in such a case the branch receives the law of the tree, and it is exempt from Orlah!
4. Answer #1 (R. Yirmeyah): Really, he grafted young branches onto young trees; the trees were planted for lumber or to serve as a fence (not for the fruit), so he would not have returned for them.

i. (Mishnah): Trees planted for lumber or to serve as a fence, are exempt from Orlah.
ii. Question: Why is it that a young branch receives the law (i.e. exemption) of an old tree (when grafted onto it), but does not receive the law of a young tree (that was not planted for fruit) when grafted onto it?
iii. Answer: By an old tree, no change of mind can obligate the tree in Orlah; by a young tree (not planted for fruit), if he decides that he wants the fruits, it gets the law of Orlah. (And we see that he wants the fruits of this branch!)
iv. This is as the law of trees that grow by themselves (i.e. without intention).
v. (Mishnah): Trees that grow by themselves are obligated in Orlah.
vi. Question: Why didn't R. Yirmeyah establish the Mishnah more simply, as a case of partners - Reuven grafted onto Shimon's trees, each returns for his trees!
vii. Answer (Rav Papa): Since R. Yirmeyah did not say this is the case, it must be that partners in a vineyard do not return from war.
viii.Question: Why is this different than 5 brothers, 1 of whom died in war (leaving a Shomeres Yavam) - all the brothers return!
ix. Answer: There, she is considered the wife of each one (since she may do Yibum with any of them); here, it is not the vineyard of either partner.

5. Answer #2 (Rav Nachman bar Yitzchak): The case of the Mishnah is, he grafted tree branches onto vegetables; the Tana holds as R. Shimon ben Gamliel.

i. (Beraisa - R. Shimon ben Gamliel): One may graft a tree onto a vegetable; Chachamim prohibit this.

(d) Answer #2 (to question (b) - Rav Dimi): When the Beraisa says that one does not return for replanting shoots or grafting, this is the continuation of R. Eliezer ben Yakov's words.

1. Just as he holds that one only returns for a vineyard - he also holds, one only returns for planting. (The Tana of our Mishnah holds that one returns for any 5 fruit trees; he also holds, one returns for grafting and planting shoots as well.)

(a) (Rav Dimi): R. Eliezer ben Yakov taught, a vine shorter than 1 handbreadth, its fruits are always forbidden as Orlah, for it appears to be in its first year. (This is a decree, lest people will think that Orlah is permitted.)

1. This only applies to a minimal size vineyard, 4 trees in a box shape and a 5th in back; but if a large vineyard consists of such vines, this will become known, and there is no decree.

(b) (Rav Dimi): R. Eliezer ben Yakov taught, one may not read Shema Yisrael within 4 Amos of a corpse - "One who mocks the poor (the deceased, who cannot perform Mitzvos) reviles him".
(c) (R. Yitzchak): R. Eliezer ben Yakov taught, a stepsister that grew up in the same house as her stepbrothers may not marry any of them, since people think that they are siblings.

1. This is not so - people will come to know that they are only step-siblings.

(d) (R. Yitzchak): R. Eliezer ben Yakov taught, one who made a granary of Leket, Shichchah and Pei'ah, this obligates him to take Ma'aser on them (since people will think it is his produce).

1. (Ula): This only applies if he piled them up in a field; if he piled them up in the city, people will know that he did not grow them.

(e) (R. Yitzchak): R. Eliezer ben Yakov taught, vines less than 1 handbreadth do not forbid vegetation seeded with them.

1. This only applies to a minimal size vineyard, 4 trees in a box shape and a 5th in back; but if a large vineyard consists of such vines they forbid the other vegetation.