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1) MITZVOS OF ERETZ YISRAEL

(a) (Mishnah): Any Mitzvah that is dependent on land - it only applies in Eretz Yisrael;

1. Any Mitzvah that is not dependent on land - it also applies in Chutz La'aretz, except for Orlah (the prohibition to eat fruit in the first 3 years of a tree) and Kil'ayim (mixed seeds);
2. R. Eliezer says, also Chadash (eating new grain before the Omer offering is brought).

(b) (Gemara) Question: What does it mean 'is dependent on land'?

1. Suggestion: The Torah said to keep this Mitzvah when you come to Eretz Yisrael.
2. Rejection: This language is used by Tefilin and redemption of a firstborn donkey, yet they also apply in Chutz La'aretz!

(c) Answer (Rav Yehudah): Any Mitzvah that is done with the land or things that grow on it;

1. Any other Mitzvah is an obligation on the person, and applies in Chutz La'aretz as well.

(d) Question: From where do we know this?
(e) Answer (Beraisa): "These are the statutes...in the land" - one might have thought, all Mitzvos only apply in Eretz Yisrael - "all the days you live on the land" teaches, they also apply in Chutz La'aretz.

1. Suggestion: Perhaps (all) Mitzvos should apply even in Chutz La'aretz!
2. Rejection: "In the land".
3. To resolve the contradiction, we learn by the context - "You will destroy all the places (of idolatry)";
4. Just as idolatry does not depend on the land, and applies even in Chutz La'aretz, also all such Mitzvos.

(a) (Mishnah): Except for Orlah and Kil'ayim...
(b) Question: Is R. Eliezer more lenient or more stringent than the first Tana?

1. Even though Orlah and Kil'ayim depend in the land, a tradition from Moshe from Sinai teaches that they also apply in Chutz La'aretz;
2. Does the first Tana hold that Chadash is only in Eretz Yisrael, because when the Torah says "Moshav" (dwelling), it means after we inherit and apportion the land?

i. R. Eliezer argues and says that it applies everywhere, because "Moshav" connotes wherever you dwell.

3. Or - does the first Tana say that Chadash applies everywhere, because "Moshav" connotes wherever you dwell? (He taught Orlah and Kil'ayim, for these are only known through tradition.)

i. R. Eliezer says that Chadash applies only in Eretz Yisrael, because "Moshav" connotes after we inherit and apportion the land.
ii. He says 'even' Chadash - this means, even Chadash is only in Eretz Yisrael, as the other Mitzvos dependent on the land.

(c) Answer: R. Eliezer is more stringent; we may deduce this from Abaye.

1. (Abaye): The first Tana is R. Yishmael.
2. (Beraisa - R. Yishmael): "Moshav" always connotes after we inherit and apportion the land.
3. R. Akiva: But it says "Moshevos" by Shabbos, and Shabbos applies in Chutz La'aretz as well!
4. R. Yishmael: A Kal va'Chomer teaches that Shabbos applies even in Chutz La'aretz.

i. Even light Mitzvos apply in Chutz La'aretz, all the more so Shabbos!

(d) Question: R. Yishmael refers to Nesachim (offerings that accompany a sacrifice) - by Nesachim, the Torah says "Bi'ah (coming to Eretz Yisrael)" and "Moshav"!

(e) Correction: R. Yishmael says, whenever it says "Bi'ah" and "Moshav", it means after we inherit and apportion the land.
(f) Question: But R. Akiva asked from Shabbos, by which it only says "Moshevos" - and R. Yishmael answered from a Kal va'Chomer!

1. R. Yishmael should have answered - 'I only said when it says "Bi'ah" and "Moshav"'!

(g) Answer: He indeed answered thusly; the Beraisa records a second answer he gave.

1. Even if you understand that when it says "Moshevos" alone, it means after we inherit and apportion the land - a Kal va'Chomer teaches that Shabbos applies even in Chutz La'aretz.

(h) Question: On what do they argue?
(i) Answer: Whether Nesachim were offered in the wilderness.

1. R. Yishmael holds that they were not offered; R. Akiva says that they were.

(j) (Abaye): The following Tana (Tana d'Vei R. Yishmael) had a different understanding of R. Yishmael.

1. (Beraisa - Tana d'Vei R. Yishmael): In many places, the Torah speaks of after we come to Eretz Yisrael; regarding appointing a king, it specified, after we inherit and apportion - we learn, wherever it says "Bi'ah", it means after we inherit and apportion.

(k) According our Tana (the Tana of our Beraisa), we do not learn to other places, because also by Bikurim, the Torah said, after we inherit and apportion.

1. Whenever there are two verses, one of which could have been learned from the other, we do not learn to other places.
2. Tana d'Vei R. Yishmael says that neither Bikurim nor appointing a king could have been learned from the other.

i. If it would only say by the king, one might have thought that we should bring Bikurim immediately, for we enjoy the fruits of Eretz Yisrael immediately;
ii. If it would only say by Bikurim, one might have thought that we should appoint a king immediately, in order to lead us in war.

3. Our Tana does not hold of the first reason - had we learned regarding a king, we would know that Bikurim also do not apply until we inherit and apportion.
4. Tana d'Vei R. Yishmael says, if it was not written by Bikurim, we would have learned from Chalah (which applies from the moment we entered).

(a) Question: Since we have a general rule that Mitzvos not dependent on land apply everywhere, why did the Torah have to write "Moshevos" by Shabbos?
(b) Answer: One might have thought, since Shabbos is written by the holidays, Beis Din must sanctify Shabbos as they sanctify the holidays (and this can only be in Yehudah) - "Moshevos" teaches, Shabbos applies to all dwellings, i.e. it does not need sanctification in Beis Din.
(c) Question: Why did the Torah have to write "Moshav" by Chelev and blood?
(d) Answer: One might have thought, since they are written by sacrifices, they only apply when we have a Mikdash and can bring sacrifices - we hear, this is not so.
(e) Question: Why did the Torah have to write "Moshav" by Matzo and bitter herbs?
(f) Answer: Since it says, "With (the Pesach sacrifice) you will eat them", one might have thought that they only apply when we have the Pesach sacrifice - we hear, this is not so.
(g) Question: Why did the Torah have to write "Bi'ah" by Tefilin and redemption of a firstborn donkey?
(h) Answer (Tana d'Vei R. Yishmael): In the merit of doing these Mitzvos, we will enter Eretz Yisrael.