(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


BACKGROUND ON THE DAILY DAF

brought to you by Kollel Iyun Hadaf of Har Nof


Ask A Question on the daf

Previous daf

Beitzah 5

1) [line 1] SHIR - the various songs of Tehilim that are recited each day in the Beis ha'Mikdash by the Leviyim. See Insights to Sukah 55:1

2) [line 14] KOL DAVAR SHEB'MINYAN, TZARICH MINYAN ACHER L'HATIRO (Any law that was enacted by a group of Sages requires another group of Sages in order to rescind it)
(a) When a Jewish Supreme Court enacts a decree or issues an edict or institutes a custom that becomes widespread among Benei Yisrael, it becomes law. Another court cannot rescind those laws or customs unless they are greater than the first court in wisdom and there are more true Torah-sages in the generation. (The term "Minyan" refers to the number of true Torah- sages in the generation, since all courts consist of seventy-one judges.) (RAMBAM Hilchos Mamrim 2:2)
(b) Even if the reason for the original decree or edict no longer exists, the second court cannot undo the laws. There are some who rule that in this case as well the second court must be greater than the first (RAMBAM ibid.). Others rule that if the reason no longer exists, a *greater* court is not necessary (RA'AVAD ibid.).
(c) Some Rishonim rule that even if the decree was issued with a time limit, or was specifically limited to the time that a certain situation (that was the cause of the decree) lasts, still it is necessary for another court to annul it (RASHI, in his original opinion, cited by TOSFOS DH Kol Davar). However, according to most of the Rishonim, these cases do not need another court to overrule them. They automatically expire after the set time or when the situation ceases to exist. Only when a decree was enacted without a time limit and without a reason for the decree, is it necessary for another court to annul it (TOSFOS ibid. and 5b DH Michdei).

3) [line 17] "BI'MSHOCH HA'YOVEL, HEMAH YA'ALU VA'HAR" - "upon an extended blast of the Shofar (after the giving of the Torah), they may ascend the mountain" (Shemos 19:13)

4) [line 18] KEREM REVA'I
(a) In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b) The Gemara records an argument as to whether the laws of Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c) With regard to fruits that grew outside of Eretz Yisrael, there are three opinions: 1. RABEINU YONAH to Berachos 35a, quoting RI HA'ZAKEN, states that they have the same Halachah as fruits in Eretz Yisrael, and require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that they do not require Pidyon; 3. GE'ONIM, TOSFOS Berachos 35a DH u'Leman and ROSH to Berachos 35a explain that the rule, "the Halachah in Chutz la'Aretz follows the opinion of those who hold the lenient opinion in Eretz Yisrael" applies to Neta Reva'i. The lenient opinion is Kerem Reva'i, where the laws of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year *grapes* need Pidyon.
(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz. The Vilna Ga'on (ibid. 294:28) rules like the third opinion, 3., in which case only grapes need Pidyon in Chutz la'Aretz, and a Berachah is recited on their Pidyon.

5) [line 19] (ALAS MIN HA'TZAFON) [AYELES MIN HA'DAROM] - Ayeles from the south. This town is one day's journey from Yerushalayim

6) [line 20] (AKRABAS MIN HA'DAROM) [AKRABAS MIN HA'TZAFON] - Akrabas from the north. There was an district named Akrabah in the Shomron, south of Shechem (See Atlas Da'as Mikra, Mosad ha'Rav Kook, 1993, page 320 and Dikdukei Sofrim #300)

7) [line 20] LOD - the town of Lod, located in the present day city by that name
8) [line 23] L'ATER - to adorn, wreath
9) [last line] KEFAR TAVI - a village next to Lod

5b---------------------------------------5b

10) [line 8] MITZVAS ONAH - the obligation of a husband with regard to marital relations

11) [line 21] BEI KELUCHIS - the name of a place

Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il