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1) NULLIFICATION OF TREES THAT WERE WORSHIPPED

(a) (Mishnah): There are three laws of Asheiros forbidden on account of idolatry:

1. If a tree was originally planted to be worshipped, it is forbidden;
2. If one cut it (leaving the stump) or the branches in order to worship the new growth, if the new growth is removed, the tree is permitted;
3. If idolatry was put under it and removed, the tree is permitted.

(b) (Gemara - d'vei R. Yanai): (The tree is forbidden) only if he was Marchiv (put shoots into the ground for new growth) or grafted onto it.
(c) Objection: But the Mishnah says, if he cut it or the branches!
(d) Correction: Rather, d'vei R. Yanai taught that even if he was Marchiv or grafted onto it, when the new growth is removed, the tree is permitted.

1. One might have thought, since he was Marchiv or grafted onto the tree itself, it is as if the tree was originally planted for idolatry, and the entire tree is forbidden - he teaches, this is not so.

(e) (Shmuel): If one bows to a tree, the future growth is forbidden.
(f) Question (R. Elazar - Mishnah): If one cut it or the branches, if the new growth is removed, the tree is permitted;

1. Future growth is forbidden only if he cut it or the branches, not if he worshipped it!

(g) Answer #1 (on behalf of Shmuel): The Mishnah is like Chachamim, my law is according to R. Yosi b'Rebbi Yehudah, who says that if a tree was planted, and later it was worshipped, it is forbidden.
(h) Objection (Rav Ashi): Why must we say that Chachamim and R. Yosi b'Rebbi Yehudah argue whether or not future growth is forbidden, and Shmuel's law is according to R. Yosi b'Rebbi Yehudah?

1. Perhaps all agree that future growth is forbidden, they argue whether or not the previous growth is forbidden (and Shmuel's law is according to everyone)!
2. R. Yosi b'Rebbi Yehudah learns that the previous growth is forbidden from "Va'Ashereihem Tisrefun ba'Esh";
3. Chachamim learn that previous growth is forbidden from "Va'Ashereihem Tigade'un";

i. The verse discusses a tree whose stump is permitted but the growth is forbidden, i.e. it was planted and later worshipped.

4. Question: Above, we explained just the contrary (each learns from the other verse)!
5. Answer: Indeed, we can explain similarly to above after switching the opinions (the Beraisa did not say how each expounded)!
6. Question: If so, who taught our Mishnah, which says that future growth is forbidden only if he cut it or the branches?

i. According to Chachamim, it is forbidden even if he did not cut anything;
ii. According to R. Yosi b'Rebbi Yehudah, if he cut it or the branches, even the initial growth is forbidden!

7. Answer #1: The Mishnah can be like R. Yosi b'Rebbi Yehudah - he only said that the entire tree is forbidden when it was worshipped normally;

i. If he cut it or the branches, he shows that he only wants to worship future growth, the initial growth is permitted!

8. Answer #2: The Mishnah can be like Chachamim - they teach when he cut it or the branches, for this is a Chidush:

i. One might have thought, since he did an action to the tree itself, the entire tree is forbidden - the Mishnah teaches, this is not so.

(i) (Mishnah) Question: What is an Asheirah?
(j) Answer #1: A tree with idolatry under it;
(k) Answer #2 (R. Shimon): A tree that is worshipped.

1. A case occurred, where people worshipped a tree; there was a pile underneath it. R. Shimon commanded to search the pile; they did, and they found an image.
2. R. Shimon: They were worshipping the image, the tree is permitted.

(l) (Gemara) Question: Why does the Mishnah ask 'What is an Asheirah?'? The previous Mishnah taught this (and it gave three examples, not just one)!
(m) Answer: Our Mishnah means, of the three Asheiros, all agree that two are forbidden, R. Shimon and Chachamim argue about one of them;

1. What is the Asheirah that they argue about? Chachamim forbid even a tree with idolatry under it, R. Shimon only forbids tress that are worshipped.

(n) (New) question: If we do not know about a tree, how do we know if it is an Asheirah?
(o) Answer #1 (Rav): If the priests (of idolatry) sit under it and do not eat its fruits, it is an Asheirah.
(p) Answer #2 (Shmuel): Even if they say, 'The fruits are for Bei Nitzrefei (an idol)', the tree is forbidden, for they make beer from the fruits and drink it on their festival.
(q) (Ameimar): The Halachah follows Shmuel.

2) SITTING OR PASSING UNDER AN "ASHEIRAH"

(a) (Mishnah): One may not sit in its shade; if he sat, he is Tahor;
(b) One may not pass under it; if he did, he is Tamei;

1. If its foliage was overhanging a public domain and he passed under it, he is Tahor.

(c) (Gemara) Version #1 - Question: Obviously, he may not sit in its shade!
(d) Answer (Rabah bar bar Chanah): The Mishnah teaches that one may not sit in a weak shadow (a morning or evening shadow which is longer than the tree's height).

1. Inference: The Mishnah discusses a weak shadow - but if he sat in a strong shadow (a shadow no longer than the tree's height) he is Tamei!
2. Rejection: No, even then he is Tahor;

i. The Mishnah teaches, one may not sit in its shadow, even a weak shadow.

(e) Version #2 - Question: Obviously, if he sat in its shade, he is Tahor!
(f) Answer (Rabah bar bar Chanah): The Mishnah teaches that even if he sat in a strong shadow, he is Tahor.

1. Inference: The Mishnah discusses a strong shadow - but l'Chatchilah, one may sit in a weak shadow!
2. Rejection: No, even that is forbidden;

i. The Mishnah teaches, even if one sat in a strong shadow, he is Tahor.

(g) (Mishnah): One may not pass under it; if he did, he is Tamei.
(h) Question: Why is he Tamei?
(i) Answer: Surely, something under the tree was offered to idolatry; the Mishnah is like R. Yehudah ben Beseira.

1. (Beraisa - R. Yehudah ben Beseira): Something offered to idolatry has Tum'as Ohel - "...Vayochelu Zivchei Mesim";

i. Just as a dead body has Tum'as Ohel, also something offered to idolatry.

(j) (Mishnah): (The foliage was overhanging a public domain;) if he passed under it, he is Tahor.
(k) Question: Does the Mishnah say '*if* he passed under it (b'Diavad)', or 'he *may* pass under it (l'Chatchilah)'?
(l) Answer #1 (R. Yitzchak ben Elazar): It says 'He may pass.'
(m) Answer #2 (R. Yochanan): It says 'If he passed'.
(n) They do not argue - if there is another path (no longer than this), it is forbidden to pass under; if there is no other path, it is permitted.
(o) Rav Sheshes (was blind, his servant would transport him. He) told his servant 'When we pass under the Asheirah, hurry'!
(p) Question: What is the case?

1. If there is no other path, it is permitted, he need not hurry;
2. If there is another path, it is forbidden even if he hurries!

(q) Answer: Really, there was no other path; an important person should be stringent to hurry.

(a) (Mishnah): One may plant vegetables under it in winter (when its shade is bad for them), but not in summer;

1. One may not plant lettuce under it in summer or winter (shade is always good for lettuce).

(b) R. Yosi says, even vegetables are forbidden in winter, because the leaves fall and fertilize them.
(c) (Gemara) Inference: This implies that R. Yosi says that Zeh v'Zeh Gorem (if something results from two (or more) causes, and one of the causes is forbidden, the result) is forbidden (e.g. vegetables that are fertilized by the Asheirah leaves and the soil), and Chachamim permit it;
(d) Contradiction: Elsewhere, each holds just the opposite!

1. (Mishnah - R. Yosi): One should grind up (idolatry) and throw the dust to the wind, or cast it to the sea.
2. Chachamim: No, this will fertilize the ground (that it is deposited on), and we may not get any benefit from idolatry - "Lo Yidbak b'Yadcha Me'umah Min ha'Cherem".

(e) Answer #1 - part 1 (for R. Yosi): R. Yosi permits throwing dust of idolatry to the wind, because it will be scattered and not fertilize anything (Tosfos; Rashi - the idolatry was nullified by grinding it up);

1. Question: How can we answer for Chachamim?

(f) Answer #2: The opinions must be switched.
(g) Completion of Answer #1: The opinions are not switched; we answer for R. Yosi like above;

1. Answer #1 - part 2 (for Chachamim): We explain Chachamim through Rav Mari's reasoning.
2. (Rav Mari brei d'Rav Kahana): (Even though a hide is worth more if it is flayed from the legs, we do not allow this regarding blemished Kodshim, for it is bad for the meat; even though we want to make the redemption value as great as possible,) the gain to the hide is offset by the loss to the meat.
3. Here also, the gain on account of the leaves (fertilizer) is offset by the loss on account of the shade.