Friday, December 15, 2006

Daf Yomi - Rosh Hashana 10 - Highlights

ORLAH

The Mishna had stated that the First of Tishrei is the New Year in regards to the laws of orlah. One is prohibited to eat or derive pleasure from fruits during the first three years of its growth. The Gemora cites a source proving that the years of a tree’s growth are not counted by the date it was planted, rather by the first of Tishrei. (9b)

ADDING FROM THE ORDINARY ONTO THE HOLY

The Gemora cites a braisa regarding one who plants a tree in the year before Shemitah; If it is planted more than thirty days before the first of Tishrei, it will be considered a complete year in respect to orlah when Rosh Hashanah arrives and will not be regarded as produce grown during Shemitah. If however, it was planted within thirty days from Rosh Hashanah, when the first of Tishrei arrives, it will not be considered a year in respect to orlah and it will be regarded as produce grown during Shemitah.
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The braisa continues discussing the case where the tree was planted more than thirty days before Rosh Hashanah. Even though we have learned that the first of Tishrei accomplishes that the tree has completed its first year, this is only regarding fruits that emerge after the fifteenth of Shevat. Regarding the fruits that emerge before the fifteenth of Shevat, they will still be considered orlah until the third fifteenth of Shevat arrives. If the tree was planted within thirty days of Rosh Hashanah, the fruits will remain in an orlah status until three more Rosh Hashanahs, seven and a half months after the other fruits (those emerging from the tress planted more than thirty days before Rosh Hashanah). The Gemora cites the sources for these halachos. (10a)

LESS THAN A YEAR
CAN BE REGARDED
AS A COMPLETE YEAR

The braisa had stated that the time frame to be considered a full year is thirty days. The Gemora examines this further.

When the Torah states that one can offer a bull as a korban, it is agreed upon that the bull must be in its third year. Rabbi Meir maintains that the bull must be at least twenty-four months and one day old. Rabbi Elozar disagrees and holds that the bull must be at least twenty-four months and thirty days old. The Gemora assumes that the Tanna of our braisa cannot be Rabbi Meir since he maintains that one day constitutes a year and it is not necessary to have thirty days.

The Gemora responds and states that perhaps there is a distinction between the beginning of the year and the conclusion of the year. Rabbi Meir would maintain that one day at the end of the year constitutes a year but to be considered a year in the beginning, thirty days would be required.

Rava objects to this distinction and proves that the logic should be exactly the opposite from a halacha regarding the Biblical laws of a niddah. In order for a niddah to purify herself by immersing in the mikvah, she must wait for nightfall after the seventh day is complete; yet the first day counts as a complete day even if her flow began towards the end of the day. If Rabbi Meir holds that one day at the end is considered a year, he should certainly regard one day in the beginning of the year as a year.

The Gemora considers that perhaps the Tanna of our braisa is Rabbi Elozar who holds that thirty days constitutes a year pertaining to animals used for a korban, so too the tree must be planted thirty days before Rosh Hashanah to be considered a year.

The Gemora cites a Mishna proving that a tree needs thirty days to become rooted in the ground. The Mishna states that if one plants a tree within thirty days of Rosh Hashanah prior to a Shemitah year, the tree must be uprooted. Rabbi Yehuda maintains that a tree takes root within three days. Rabbi Yosi and Rabbi Shimon hold that a tree takes root within two weeks of its being planted. Rav Nachman rules in the name of Rabbah bar Avuha that according to all these opinions, you must add an additional thirty days to satisfy the requirement of adding from the ordinary onto the holy.

In conclusion the Gemora is asking that our braisa which stated that if the tree is planted thirty days before Rosh Hashanah, when the first of Tishrei arrives, the first year is completed. This is not consistent with any of the opinions cited above.

The Gemora concludes that our Tanna must be Rabbi Meir who holds that thirty days are required for the tree to take root. The Gemora questions this since an additional day is needed for it to be considered a complete year. The Gemora answers that the tree takes root on the beginning of the thirtieth day and the remainder of the day is the one day that would constitute the first year.

The Gemora cites Scriptural proofs that less than a year can be regarded as a complete year. (10a – 10b)

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