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Bava Basra 81
BAVA BASRA 81 (28 Sivan) - dedicated by Rav Mordechai Rabin
(Manchester/London/Yerushalayim), in honor of the Yahrzeit of his mother.
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1) [line 2] AREI - (O.F. lorier) laurel [that produces berries, fruit of the
laurel (O.F. baies)]
2) [line 2] DULVEI - (O.F. chastenies) the chestnut tree
3) [line 3] HA'KONEH SHNEI ILANOS B'SOCH SEDEH CHAVEIRO, HAREI ZEH LO KANAH
KARKA - when one buys two trees that are standing in the field of his
neighbor, he does not acquire the land beneath or around them (and if they
die, he is not entitled to replant new trees there; this statement is
according to the Rabanan, who hold that a seller sells "b'Ayin Ra'ah")
4) [line 5] HIGDILU, LO YESHAFEH - if they (the branches of the trees) grew
large, he (the buyer) does not have to cut them
5a) [line 6] GEZA - trunk
b) [line 6] SHORASHIM - roots
6) [line 11] MEVI V'EINO KOREI - he brings Bikurim but he does not recite
the "Mikra Bikurim" (BIKURIM)
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah
Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis
Kol Pri ha'Adamah..." - "And it shall be that when you come to the land...
and you inherit it and you settle in it. You shall take of the first fruits
of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard)
of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While
the basket is on his shoulder, he recites the *Mikra Bikurim*, specific
verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt
and giving us the land of Yisrael. He then places the basket of fruit at the
base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim
3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a
Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
(d) In certain instances, as our Mishnah and Gemara discuss, the owner only
brings the fruit, without reciting the declaration (Mevi v'Eino Korei). For
example, if he brings them between Sukos and Chanukah, he does not recite
the verses (see Gemara Pesachim 36b and Rashi there).
7) [line 13] AF B'LOKE'ACH PEIROS MIN HA'SHUK - even one who buys fruits
from the market (and which did not grow from one's own land); alt. AF
B'LOKE'ACH PEIROS HA'ILAN - one who buys a tree for the fruits that it
produces (and who does not have the ground beneath the tree and may not
plant another tree when this one dies) (BACH)
8) [line 17] "ASHER TAVI ME'ARTZECHA" - "[And you shall take of the first of
all the fruit of the earth,] which you shall bring from your land [that
HaSh-m... gives you, and shall put it in a basket, and shall go to the place
which HaSh-m... shall choose to place His Name there.]" (Devarim 26:2)
9a) [line 18] "ADMASCHA" - "[The first of the produce of] your land [you
shall bring to the house of HaSh-m]." (Shemos 23:19)
b) [line 19] "ASHER NASATA LI" - "[And now I have brought the first of the
fruits of the land] which You, HaSh-m, have given to me." (Devarim 26:10)
81b---------------------------------------81b
10) [line 9] KA ME'AYEIL CHULIN LA'AZARAH - he is bringing Chulin into the
Azarah! (CHULIN LA'AZARAH)
(a) According to some Tana'im, it is forbidden by an Isur Aseh to bring a
non-sanctified ("Chulin") animal or food into the Azarah of the Beis
ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m
is *far* [from where you are], ...you may slaughter and eat meat to your
heart's content..." (Devarim 12:21), which implies that we may only
slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash (Pesachim
22a). According to these Tana'im, if non-sanctified animals are slaughtered
in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim,
ibid.). Other Tana'im maintain that the prohibition of offering Chulin in
the Azarah (and eating from non-sanctified animals that were slaughtered in
the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah *Lav*
d'Oraisa").
(b) The Rishonim argue over the breadth of the prohibition of bringing
Chulin into the Azarah, according to those Tana'im who prohibit it
mid'Oraisa. According to many Rishonim, it is only prohibited mid'Oraisa to
bring objects of Chulin into the Azarah if one performs with them acts which
resemble those done for Korbanos, such as slaughtering them, waving them or
placing them on the Mizbe'ach (TOSFOS here, DH v'Dilma, and in Pesachim 66b,
and other Rishonim). Others maintain that even if no such acts are
performed, it is prohibited mid'Oraisa to bring foods of Chulin into the
Azarah (RAMBAM Hilchos Shechitah 2:3; see Insights to Nedarim 9:2).
11) [line 10] D'PARIK LEHU - he redeems them (PIDYON HEKDESH)
(a) If a person consecrates ("Makdish") an object to the Beis ha'Mikdash
and that object is of no benefit to the Mikdash "as is," the object may be
sold by the appointees of Hekdesh (Gizbarim), who determine its selling
price based on the estimate of a group of experts. When a person buys the
object from Hekdesh, the object loses its Kedushah and its value becomes
Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from
Hekdesh.
(b) In our Gemara, there is a doubt whether the owner of the fruits is
obligated to bring them to the Beis ha'Mikdash as Bikurim. The Gemara
suggests that he should consecrate them as Hekdesh (in order to permit them
to be brought into the Azarah; see previous entry), and then he should
redeem them with Pidyon Hekdesh (in order to permit them to be eaten by the
Kohen).
12) [line 11] DILMA LAV BIKURIM NINHU V'KA MAFKA LEHU MI'TERUMAH U'MA'ASER -
but perhaps the fruits are not Bikurim [and thus they are obligated to have
Terumah and Ma'aser separated from them], and he is not separating Terumah
and Ma'aser (and thus when the Kohen eats the fruits, he is eating Tevel)
13) [line 13] TERUMAH GEDOLAH / MA'ASER SHENI / MA'ASER ANI / MA'ASER RISHON
(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 removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
(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 receives Malkos (RAMBAM
Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, 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.
14) [line 19] MA'ASER RISHON (AF) L'CHOHEN (KENAS EZRA)
(a) See previous entry, (a) and (b).
(b) Ezra ha'Kohen fined the Leviyim of his time who did not come with him
back to Eretz Yisrael and decreed that from then on Ma'aser Rishon shall be
given to the Kohanim (Ezra 8:15, Yevamos 86b).
15) [line 21] KOL HA'RA'UY L'VILAH, EIN BILAH ME'AKEVES BO; VESHE'EIN RA'UY
L'VILAH, BILAH ME'AKEVES BO
(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the
Torah states "v'Chol Minchah *Velulah* va'Shemen" (Vayikra 7:10), from which
we learn that the oil that is poured onto the Minchah should be mixed
throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is
still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the
oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah
(Menachos 103b) states that if someone brings a Minchah to be offered on the
Mizbe'ach, it may not contain more than sixty Esronim of flour
(approximately 129.6, 149.4 or 259.2 liters, depending upon the differing
Halachic opinions).
(c) Similarly, with regard to Bikurim, the failure to recite the Mikra
Bikurim verses (see above, entry #6) does not prevent a person from bringing
the fruit as Bikurim (when it is definitely obligated in Bikurim). However,
if certain fruits -- such as those discussed in our Gemara -- are only
brought as Bikurim because of a doubt, *not* reciting the Mikra Bikurim
*does* prevent the person from bringing the fruit as Bikurim.
16) [line 23] BETZARAN - if the owner harvested the Bikurim (and not that he
had them harvested by a Shali'ach)
17) [line 24] V'SHEGARAN B'YAD SHALI'ACH - he sent them with a Shali'ach
18) [line 24] U'MES SHALI'ACH BA'DERECH - or if the Shali'ach harvested them
and died on the road [and a second Shali'ach or the owner himself brought
them to the Azarah]
19) [last line] V'LAKACHTA V'HEVEISA - the words "v'Lakachta" and "*Tavi*"
from the verse dealing with Bikurim, "V'LAKACHTA ME'REISHIS KOL PRI
HA'ADAMAH ASHER TAVI ME'ARTZECHA..." - "And you shall take of the first of
all the fruit of the earth, which you shall bring from your land [that
HaSh-m...gives you, and shall put it in a basket, and shall go to the place
which HaSh-m...shall choose to place His Name there.]" (Devarim 26:2)
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