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Daily Daf Dose
ESROG – LIKE A VEGETABLE AND A FRUIT
Rabban Gamliel had stated that an esrog has the status of a vegetable in regards to maaser that it’s year is assigned to it based on when it was picked. Rabbah bar Rav Huna states that accordingly, the New Year for the esrog should be on the first of Tishrei, just like vegetables.
The Gemora questions this from a braisa which states that if one picked esrogim prior to sunset on the fifteenth of Shevat and picked other esrogim after sunset, he may not separate terumah and maaser from one lot for the other since they are considered to be from two different years. If this would have occurred in the third year of the Shemitah cycle heading into the fourth year, the halacha would be that the first batch would be subject to the obligations of maaser rishon and maaser oni and the second batch would be considered from the fourth year and would be subject to the obligations of maaser rishon and maaser sheini. This braisa explicitly holds that the defining stage for an esrog is when it is picked, which is in accordance with Rabban Gamliel and nevertheless, the New Year is the fifteenth of Shevat and not the first of Tishrei.
Rabbah bar Rav Huna retracts and concedes that Rabban Gamliel maintains that even though the determining stage of an esrog is the time it is picked similar to vegetables, in regards to the New Year it is like all other trees and the New Year is the first of Tishrei. (14b – 15a)
SHEVAT IS THE NEW YEAR
Rabbi Yochanan asked from Rabbi Yanai as when the New Year of an esrog. His response was that it is in Shevat. Rabbi Yochanan questioned further if he was referring to Shevat of the lunar months or of the solar season. Rabbi Yanai responded that he was referring to Shevat of the lunar months. The Gemora continues that Shevat is the New Year for the esrog (and all trees) even in a leap year when the budding of the fruits are delayed (since the lunar year is behind the solar year). (15a)
SIXTH INTO THE SEVENTH
Rabbah states that an esrog which grew in the sixth year and was picked in the seventh year is exempt from masser and does not have the sanctity of Shemitah. An esrog which grew in the seventh year and was picked in the eighth year is exempt from maaser but does have the sanctity of Shemitah.
Abaye explains the second case by stating that Rabbah is uncertain whether an esrog’s Shemitah status is dependent on the growth of the esrog or the picking. Since Shemitah is a Biblical halacha, he ruled stringently and the esrog receives Shemitah sanctity. One of the laws of Shemitah is that the produce becomes ownerless and the halacha is that hefker (something which is ownerless) is exempt from maaser.
Abaye questions Rabbah’s first case. If he rules that the esrog does not have Shemitah sanctity, it is evident the esrog’s Shemitah status is determined by the growth of the esrog and that occurred in the sixth year; why then is the esrog exempt from maaser?
Rabbah answers that the esrog is viewed as being ownerless (not due to Shemitah) since the owner must leave his fields available for everyone to enter and the esrogim are constantly being touched.
Rav Hamnuna disagrees with Rabbah and rules regarding an esrog which grew in the sixth year and was picked in the seventh year that it does not have the sanctity of Shemitah; however it is subject to the laws of maaser.
The Gemora cites a braisa challenging both Rabbah and Rav Hamnuna’s rulings. The braisa rules regarding an esrog which grew in the sixth year and was picked in the seventh year that it is exempt from masser and does not have the sanctity of Shemitah. The braisa elaborates that in order for a fruit to be subject to the laws of maaser it must grow and be picked in the sixth year. This ruling is against Rav Hamnuna.
The braisa continues and rules regarding an esrog which grew in the seventh year and was picked in the eighth year that it is exempt from maaser and does have the sanctity of Shemitah. The braisa explains that in order for fruit to be subject to the laws of Shemitah it must grow and be picked in the seventh year. This ruling is against Rabbah.
The Gemora answers that there is a Tanna that Rabbah and Rav Hamnuna rely on as basis for their ruling. Avtolmos testified in the name of elders that an esrog’s Shemitah status is determined solely by the time of its growth and not when it is picked. Therefore an esrog which grew in the sixth year and was picked in the seventh year does not have the sanctity of Shemitah and an esrog which grows in the seventh year does have Shemitah sanctity even if it is not picked until the eighth year. (15a – 15b)
A braisa is cited where the Sages learned that trees whose fruits grew prior to the fifteenth of Shevat are subject to the laws of maaser according to the previous year. If they grew after the fifteenth of Shevat, they go according to the next year.
Rabbi Nechemya qualifies this ruling as referring to fruits that do not ripen all at once but rather over a period of time. If however, they all ripen at once like carobs and olives, they are subject to the laws of maaser according to the upcoming year (when they are picked) even if the fruits grew before the fifteenth of Shevat.
Rabbi Yochanan said over that it became customary for people to follow Rabbi Nechemya’s viewpoint regarding carobs and they are assigned to the year in which they are picked.
Rish Lakish questioned Rabbi Yochanan from a Mishna which rules regarding fruit that ripen at once, nonetheless, they are accorded Shemitah sanctity based on when they grew and not on when they were picked. Rabbi Yochanan was quiet and did not respond.
The Gemora questions Rabbi Yochanan’s reasoning for remaining silent. Perhaps the ruling is like the Mishna and nevertheless the people embraced the custom of Rabbi Nechemya.
The Gemora explains that this is not a possibility because Rabbi Yochanan could not have allowed them to continue this custom when it is not consistent with the halacha.
The Gemora answers that Rabbi Yochanan was discussing separating maaser from carobs which is only a Rabbinic obligation and that is why the Sages did not protest against those who followed Rabbi Nechemya’s ruling of taking the maaser according to the year in which they were picked. The Mishna is referring to the halachos of Shemitah, which are Biblical and therefore its Shemitah year is determined by the year in which it grew.
Reb Abba Hakohen concluded that he was uncertain if Rabbi Yochanan accepted this distinction or not. (15a – 15b)
Rabban Gamliel had stated that an esrog has the status of a vegetable in regards to maaser that it’s year is assigned to it based on when it was picked. Rabbah bar Rav Huna states that accordingly, the New Year for the esrog should be on the first of Tishrei, just like vegetables.
The Gemora questions this from a braisa which states that if one picked esrogim prior to sunset on the fifteenth of Shevat and picked other esrogim after sunset, he may not separate terumah and maaser from one lot for the other since they are considered to be from two different years. If this would have occurred in the third year of the Shemitah cycle heading into the fourth year, the halacha would be that the first batch would be subject to the obligations of maaser rishon and maaser oni and the second batch would be considered from the fourth year and would be subject to the obligations of maaser rishon and maaser sheini. This braisa explicitly holds that the defining stage for an esrog is when it is picked, which is in accordance with Rabban Gamliel and nevertheless, the New Year is the fifteenth of Shevat and not the first of Tishrei.
Rabbah bar Rav Huna retracts and concedes that Rabban Gamliel maintains that even though the determining stage of an esrog is the time it is picked similar to vegetables, in regards to the New Year it is like all other trees and the New Year is the first of Tishrei. (14b – 15a)
SHEVAT IS THE NEW YEAR
Rabbi Yochanan asked from Rabbi Yanai as when the New Year of an esrog. His response was that it is in Shevat. Rabbi Yochanan questioned further if he was referring to Shevat of the lunar months or of the solar season. Rabbi Yanai responded that he was referring to Shevat of the lunar months. The Gemora continues that Shevat is the New Year for the esrog (and all trees) even in a leap year when the budding of the fruits are delayed (since the lunar year is behind the solar year). (15a)
SIXTH INTO THE SEVENTH
Rabbah states that an esrog which grew in the sixth year and was picked in the seventh year is exempt from masser and does not have the sanctity of Shemitah. An esrog which grew in the seventh year and was picked in the eighth year is exempt from maaser but does have the sanctity of Shemitah.
Abaye explains the second case by stating that Rabbah is uncertain whether an esrog’s Shemitah status is dependent on the growth of the esrog or the picking. Since Shemitah is a Biblical halacha, he ruled stringently and the esrog receives Shemitah sanctity. One of the laws of Shemitah is that the produce becomes ownerless and the halacha is that hefker (something which is ownerless) is exempt from maaser.
Abaye questions Rabbah’s first case. If he rules that the esrog does not have Shemitah sanctity, it is evident the esrog’s Shemitah status is determined by the growth of the esrog and that occurred in the sixth year; why then is the esrog exempt from maaser?
Rabbah answers that the esrog is viewed as being ownerless (not due to Shemitah) since the owner must leave his fields available for everyone to enter and the esrogim are constantly being touched.
Rav Hamnuna disagrees with Rabbah and rules regarding an esrog which grew in the sixth year and was picked in the seventh year that it does not have the sanctity of Shemitah; however it is subject to the laws of maaser.
The Gemora cites a braisa challenging both Rabbah and Rav Hamnuna’s rulings. The braisa rules regarding an esrog which grew in the sixth year and was picked in the seventh year that it is exempt from masser and does not have the sanctity of Shemitah. The braisa elaborates that in order for a fruit to be subject to the laws of maaser it must grow and be picked in the sixth year. This ruling is against Rav Hamnuna.
The braisa continues and rules regarding an esrog which grew in the seventh year and was picked in the eighth year that it is exempt from maaser and does have the sanctity of Shemitah. The braisa explains that in order for fruit to be subject to the laws of Shemitah it must grow and be picked in the seventh year. This ruling is against Rabbah.
The Gemora answers that there is a Tanna that Rabbah and Rav Hamnuna rely on as basis for their ruling. Avtolmos testified in the name of elders that an esrog’s Shemitah status is determined solely by the time of its growth and not when it is picked. Therefore an esrog which grew in the sixth year and was picked in the seventh year does not have the sanctity of Shemitah and an esrog which grows in the seventh year does have Shemitah sanctity even if it is not picked until the eighth year. (15a – 15b)
A braisa is cited where the Sages learned that trees whose fruits grew prior to the fifteenth of Shevat are subject to the laws of maaser according to the previous year. If they grew after the fifteenth of Shevat, they go according to the next year.
Rabbi Nechemya qualifies this ruling as referring to fruits that do not ripen all at once but rather over a period of time. If however, they all ripen at once like carobs and olives, they are subject to the laws of maaser according to the upcoming year (when they are picked) even if the fruits grew before the fifteenth of Shevat.
Rabbi Yochanan said over that it became customary for people to follow Rabbi Nechemya’s viewpoint regarding carobs and they are assigned to the year in which they are picked.
Rish Lakish questioned Rabbi Yochanan from a Mishna which rules regarding fruit that ripen at once, nonetheless, they are accorded Shemitah sanctity based on when they grew and not on when they were picked. Rabbi Yochanan was quiet and did not respond.
The Gemora questions Rabbi Yochanan’s reasoning for remaining silent. Perhaps the ruling is like the Mishna and nevertheless the people embraced the custom of Rabbi Nechemya.
The Gemora explains that this is not a possibility because Rabbi Yochanan could not have allowed them to continue this custom when it is not consistent with the halacha.
The Gemora answers that Rabbi Yochanan was discussing separating maaser from carobs which is only a Rabbinic obligation and that is why the Sages did not protest against those who followed Rabbi Nechemya’s ruling of taking the maaser according to the year in which they were picked. The Mishna is referring to the halachos of Shemitah, which are Biblical and therefore its Shemitah year is determined by the year in which it grew.
Reb Abba Hakohen concluded that he was uncertain if Rabbi Yochanan accepted this distinction or not. (15a – 15b)
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