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Rosh Hashanah 13

1) WHERE THE BARLEY FOR THE OMER MUST GROW

QUESTION: The Gemara says that the Jewish people brought the Korban ha'Omer when they entered the land of Israel. The Gemara questions how they had grain to bring as the Korban in such a short amount of time, from the time they entered the land until the time of the Korban Omer (a period of five days). They could not buy the barley from the inhabitants of the land, because the Korban ha'Omer must be brought from barley that ripened in the possession of Jews. The Gemara derives from here a proof that it is possible for barley to ripen within a very short amount of time, from the time that they entered the land of Israel and became owners of fields until the time that they cut down the barley for the Omer five days later.

Why does the Gemara assume that they had to use barley that grew in their possession while they were in Eretz Yisrael? Perhaps they simply took barley that they had planted before they entered Eretz Yisrael proper, while they were still in Transjordan (Ever ha'Yarden), where they resided for over a year (and where the families of Reuven and Gad and Menashe still were residing). The Gemara should say that they took the barley that they had planted there and used it for the Korban ha'Omer!

ANSWERS:

(a) The RAN in Nedarim (20b) writes that the Korban ha'Omer may not be brought from grain that grew in Ever ha'Yarden. It must be from Eretz Yisrael proper.

(b) However, Rashi in Sanhedrin (11b) writes that the Korban ha'Omer may be brought from grain of Ever ha'Yarden. Why, then, could they not bring that barley?

The answer is that grain from Ever ha'Yarden could be brought for the Korban ha'Omer only if it grew *after* the Jews had entered Eretz Yisrael itself. Before the Jews crossed the Jordan, there was no Isur against eating Chadash and no obligation to bring the Korban ha'Omer. Since the Omer may be brought only from barley that was prohibited to eat before the bringing of the Korban, the barley from Ever ha'Yarden which grew before the entered Eretz Yisrael did not qualify. (See Sidrei Taharos, Kelim 1:5.)

13b

QUESTION: The Gemara says that when separating Ma'aser from Kitniyos, we follow the year in which they took root, or "Hashrashah," as far as Ma'asros and Shevi'is. Because the produce of Kitniyos which are planted together become ripe and are picked at many different times (i.e. they do not grow uniformly), we follow the time of Hashrashah. All of the plants usually take root at about the same time. This solves the problem of having to keep track of what was picked before Rosh Hashanah and what was picked after Rosh Hashanah, because *all* of the produce usually takes root at the same time.

The Gemara asks that instead of following the time of Hashrashah, we should mix all of the produce together in one place ("Tzover Gerano l'Tocho") and then separate Ma'aser from that mixture, since "Bilah" works (an equal proportion of Ma'aser will be taken for the produce of each year). The Gemara proves that this method works from the statement of Rebbi Shimon Shezuri, who says that if some Pul ha'Mitzri took root before Rosh Hashanah and some took root afterwards, we can mix them together and separate Ma'aser from the combined produce. The Gemara answers that we do not hold like Rebbi Shimon Shezuri.

This answer explains why the Rabanan say that we follow Hashrashah and not Lekitah, since they have no other option of "Tzover Gerano." Why, though, does Rebbi Shimon Shezuri himself follow Hashrashah? He is the one who holds that Bilah works, and if so one can follow Lekitah and separate Ma'aser by being "Tzover Gerano l'Tocho?" (TOSFOS)

ANSWERS:

(a) TOSFOS YESHANIM, citing the RI, and the RA'AVAD (in KASUV SHAM), say that even if it is possible to mix all the produce together and rely on Bilah, that is not the ideal way to separate Ma'aser. It is much better to follow the time of Hashrashah, because perhaps the grains will not mix perfectly (and what is separated as Ma'aser will not contain the proper proportions of new and old produce).

Why, then, does the Gemara question the opinion of the Rabanan and say that it should suffice to put all of the produce in one place and take Ma'aser from there, if it knows that doing so is not the preferable way to take Ma'aser? The Rabanan are justified in declaring that Kitniyos should follow the time of their Hashrashah!

The Gemara, explains the Ra'avad, is not questioning the logic of the Rabanan who determined that Kitniyos follow the year of their Hashrashah. Rather, it inferred from the Mishnah's statement that Kitniyos from before Rosh Hashanah follow the previous year, that if Kitniyos from one year become mixed with those that grew in another year there is no way to correctly separate Ma'asros from the mixture. The Gemara asks, why not? Just mix them thoroughly and take Ma'asros from the mixture, like Rebbi Shimon Shezuri proposed! The Gemara answers that the Mishnah argues with Rebbi Shimon Shezuri on this point.

(b) The BA'AL HA'ME'OR says that Rebbi Shimon Shezuri indeed holds that we follow the time of Lekitah (like Shmuel rules), and not Hashrashah. In this Beraisa, however, he is challenging the opinion of the Rabanan who say that we follow the time of Hashrashah. He is asking why the Rabanan maintain that we follow the time of Hashrashah and not Lekitah. Whether we follow Hashrashah, like they say, or Lekitah, like Rebbi Shimon says, it would suffice to put all of the produce together in one place and take Ma'aser from there (and consequently there is no reason for the Rabanan to rule that we follow Hashrashah).

According to the Ba'al ha'Me'or, it is easier to understand why Shmuel, who rules that Kitniyos follow Gemar Pri, said that "the Halachah is like Rebbi Shimon Shezuri." According to our original understanding, that Rebbi Shimon holds that Pul ha'Mitzri follows Hashrashah and not Lekitah, this was a very misleading way for Shmuel to present his opinion (see RASHI DH Ishtamitsei, who seems to have been bothered by this). Now that the Me'or explains that Rebbi Shimon Shezuri indeed rules that Pul ha'Mitzri follows Lekitah (which is the same as Gemar Pri, according to TOSFOS DH Achar), Shmuel's statement is much easier to understand.

(c) The RIVA, cited by the TOSFOS YESHANIM, explains that Rebbi Shimon Shezuri held that all Kitniyos follow Lekitah, and not Hashrashah -- since Bilah can be relied upon to separate their appropriate Ma'asros. He only ruled for *Pul ha'Mitzri* that it follows Hashrashah, and for a different reason entirely. The Gemara later (14a) explains that if one does not water Pul ha'Mitzri for thirty days before Rosh Hashnah, it is treated like a tree and not like a vegetable and it is considered last year's produce even if it was picked after Rosh Hashanah. It is to that Pul ha'Mitzri that Rebbi Shimon Shezuri was referring when he said that it follows Hashrashah, the time that it took root.