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Bava Basra 36

BAVA BASRA 36 - Today's learning has been dedicated l'Iluy Nishmas Meir ben Reb Benzion Sand (Yahrzeit: 14 Iyar) by his grandchildren, Zvi and Tamara Sand of Yerushalayim and Dedi and Malca Graucher of Petach Tikva.

1) [line 11] HAI MAN D'ACHZIK MI'GUDA D'ARODEI UL'VAR - (lit. a person who makes a Chazakah outside of the wall of the Arodim) if a person makes a Chezkas Shalosh Shanim on a piece of land, planted haphazardly with seed, that farmers intentionally leave outside of their walls so that wild donkeys and other animals will eat the plants that grow there and will thus be deterred from entering their fields

2) [line 14] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
(c) A person cannot make a Chezkas Shalosh Shanim on a field when one or more of the three years is a year of Orlah, since the owner does not care to register a Mecha'ah (protest) about a field in which he cannot eat the fruit.

3) [line 15] SHEVI'IS
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.
(c) A person cannot make a Chezkas Shalosh Shanim on a field when one of the three years is a year of Shemitah, since the owner does not care to register a Mecha'ah (protest) about a field in which the fruits are Hefker, ownerless, and anyone has the right to eat them.

4) [line 15] KIL'AYIM
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkos.

1. Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids planting any vegetable or grain in a preexisting vineyard, as well as sowing grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah rules that the prohibition of Kil'ei ha'Kerem only applies to *sowing* grape seeds along with wheat *and* barley kernels in the same throw of a hand (Berachos 22a). According to this view, one who plants grapes, wheat and barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem and the prohibition of Kil'ei Zera'im (see Background to Kidushin 39:23a:c; Tosfos Kidushin 39a DH Lo).
2. It is even prohibited to plant vegetables or grains outside of a vineyard in close proximity to it. Such plants must be planted at least 6 Tefachim away from a single grapevine and at least four Amos away from a vineyard. A wall is considered a sufficient separation such that the vineyard and the vegetables or grains may be planted next to the wall on either side. ("Vineyard," in this respect, refers to at least five grapevines, planted in a formation of two parallel rows of two with a fifth vine between (and behind) the two rows -- see Background to Sotah 43:29). The grapevines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah states, "Pen *Tikdash* ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (Gemara here, RAMBAM Hilchos Kil'ayim 5:7).
3. Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in Chutz la'Aretz as well (Kidushin 38b).
(c) A person cannot make a Chezkas Shalosh Shanim on a field when the produce of one or more of the three years is Kil'ayim, since the owner does not care to register a Mecha'ah (protest) about a field in which he cannot eat the fruit.

5) [line 16] ACHLAH SHACHAS - he made a Chezkas Shalosh Shanim on the field (lit. he ate [the field]) as Shachas, grain in an early stage of growth, at which point it can be used as animal fodder, e.g. wheat grass

6) [line 17] TZAVAR MECHOZA - the valley of Mechoza, a large Jewish trading town on the Tigris River, where the wealthy merchants regularly cut their fields in the Shachas stage to feed their numerous animals

7) [line 18] TAFTICHA - a field full of cracked, broken ground
8) [line 19] APIK KORA V'AYIL KORA - he planted (lit. he took out [to the field]) one Kor [of grain] and he reaped (lit. he brought up [to his house]) one Kor [of produce]

9) [line 20] D'VEI REISH GALUSA - the members of the household of the Reish Galusa, the Exilarch, the temporal leader of the Jews in Babylon

10) [line 22] HA'GODROS - small domesticated animals such as sheep and goats, and other items of property that may wander off on their own, such as slaves

11) [line 22] EIN LAHEN CHAZAKAH - one cannot rely on the Halachic instrument of Chazakah (having physical possession of the animals or slaves, as opposed to Chezkas Shalosh Shanim) as proof of their ownership

Possession of most Metaltelin (immobile goods) that are not normally borrowed is usually proof of ownership. Such is not the case with regard to an item of Godros (something that walks by itself such as an animal or a slave), where the item may have wandered onto the property of another person inadvertently (or intentionally). Unless the possessor has proof of purchase such as witnesses or documents, he must wait for three years to gain a Chezkas Shalosh Shanim on the item of Godros.

13) [line 24] KATAN MUTAL B'ARISAH - a baby lying in a bassinet
14) [line 28] IMA LO MENASHYA BERA - a mother does not forget her baby (rather, the baby was sold independently of its mother, and as such, there is a Chazakah immediately)

15) [line 28] HANAHU IZEI D'ACHLU CHUSHLA BI'NEHARDE'A - those certain goats that ate [someone else's] peeled barley in Neharde'a

16) [line 30] HAVAH KA TA'IN TUVA - he was claiming that the goats ate a lot [of Chushla, worth more than their own value]

17a) [line 33] TZAFRA - the morning (when the goats are sent out independently to walk to the shepherd's house)
b) [line 33] PANYA - the evening (when the goats are sent back independently to walk to their owner's house)

18) [line 33] TAI'EI SHECHICHEI - there are many bandits roaming about (causing the owners to never let their animals walk alone)

19) [line 34] MI'YADA L'YADA MESHALMEI - they hand them over in person
20) [line 35] NIR - plowing [a field]


21a) [line 2] PEIRA RABA - a full-grown crop such as oats or barley, that grow in three months
b) [line 2] PEIRA ZUTA - (a) a crop cut in an early stage of growth; (b) a crop of vegetables, that grow in one month

22) [line 10] KERIVU LEI L'AR'EI - plow his land for him [without his prior consent]

23) [line 12] KOL SHIBA V'SHIBA D'CHARVU L'AYEIL BEI - Let every chip that comes off the plow go into my soil, i.e. I do not care if someone ruins his plow on my land, I will only benefit from it when I plant my seeds

24) [line 13] BENEI PUM NAHARA - the people of Pum Nahara, the name of a place in Bavel, at the mouth of a river (Pum = mouth; Nahara = river), whose inhabitants were impoverished Jews

25) [line 17] REVUSA L'MICHSHAV GAVREI?! - Is it a great thing to cite authorities (lit. to enumerate people)?

26a) [line 26] AD SHE'YIGDOR SHALOS GEDEIROS - until he cuts three crops of dates
b) [line 27] V'YIVTZOR SHALOS BETZIROS - and (i.e. or) he harvests three crops of grapes
c) [line 27] V'YIMSOK SHALOS MESIKOS - and (i.e. or) he picks three crops of olives

27) [line 28] DEKEL NA'ARAH - (a) a young date-palm, that bears three crops of dates in less that three years (RASHBAM); (b) a date-palm that drops its fruits before their time (RABEINU CHANANEL, 1st explanation); (c) a date-palm that produces dates biannually (RABEINU CHANANEL 2nd explanation)

28) [line 32] SHELOSHIM ILANOS MI'MATA ASARAH L'VEIS SE'AH - from the Halachah l'Moshe mi'Sinai of "Eser Neti'os" (with regard to Shevi'is -- see Background to Bava Basra 26:25), we learn that ten *saplings* are the exact number of trees with equidistant spacing that fit into an area of a Beis Se'ah (2500 square Amos -- see Background to Bava Basra 24:25:c). As such, our Gemara is referring to thirty trees that are planted with equidistant spacing in a Beis Sheloshah Se'in (7500 square Amos)

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