Sunday, January 14, 2007

Daf Yomi - Taanis 5 - TIME TO BECOME ROOTED

The Gemora relates that in the times of Yoel, Klal Yisroel planted on the second, third and fourth day of Nissan from the grain with which they had and the second rainfall came down on the fifth day of Nissan. They miraculously were able to bring the korban omer on the sixteenth of Nissan from the new crop which grew. It emerges that grain which normally grows in six months grew in eleven days.

The Maharsha comments that it was necessary for the grain to take root three days before the second rainfall. This is because the Gemora in Rosh Hashanah (10b) states that in order for grain to be considered from the previous year, it is required to be rooted into the ground and that takes three days.

The Metzapeh Eisan asks that this is only correct according to Rabbi Yehuda; however Rabbi Yosi and Rabbi Shimon disagree and maintain that it takes two weeks to become rooted in the ground and the halacha is in accordance with their opinion.

Shulchan Aruch (Y”D 293) rules that grain which took root before the sixteenth of Nissan becomes permitted for consumption with the korban omer offered on the sixteenth. The Shach cites the Terumos Hadeshen (191) who states that it takes three days for the grain to become rooted into the ground.

The Dagul Meirvova asks that this is only correct according to Rabbi Yehuda; however Rabbi Yosi and Rabbi Shimon disagree and maintain that it takes two weeks to become rooted in the ground and the halacha is in accordance with their opinion.

The Metzapeh Eisan answers that the Terumos Hadeshen relied on our Gemora that would seem to indicate that three days is sufficient time for the grain to take root into the ground. The Gr”A states that perhaps there is a distinction between trees and grain as to the amount of time it takes for them to become rooted in the ground. He cites a Yerushalmi that makes such a distinction.

The Chasam Sofer (Y”D 284) answers that in truth, there is not a factual dispute as to how many days it takes for a tree to take root since everyone holds that it takes root in three days or less and the facts can attest to this. The argument amongst the Tannaim is regarding a case where for some reason the tree did not take root. After how long can it be stated with a certainty that the tree will not take root any longer. Regarding Shemitah, which is a Biblical transgression, we must rule stringently that grain which is planted two weeks prior to Shemitah receives the sanctity of Shemitah. The prohibition of eating from the new crop outside of Eretz Yisroel is only Rabbinical and therefore we can rule leniently and three days will be sufficient.

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