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Bava Basra 81

BAVA BASRA 81 (28 Sivan) - dedicated by Rav Mordechai Rabin (Manchester/London/Yerushalayim), in honor of the Yahrzeit of his mother.

1) [line 2] AREI - (O.F. lorier) laurel [that produces berries, fruit of the laurel (O.F. baies)]

2) [line 2] DULVEI - (O.F. chastenies) the chestnut tree
3) [line 3] HA'KONEH SHNEI ILANOS B'SOCH SEDEH CHAVEIRO, HAREI ZEH LO KANAH KARKA - when one buys two trees that are standing in the field of his neighbor, he does not acquire the land beneath or around them (and if they die, he is not entitled to replant new trees there; this statement is according to the Rabanan, who hold that a seller sells "b'Ayin Ra'ah")

4) [line 5] HIGDILU, LO YESHAFEH - if they (the branches of the trees) grew large, he (the buyer) does not have to cut them

5a) [line 6] GEZA - trunk
b) [line 6] SHORASHIM - roots

6) [line 11] MEVI V'EINO KOREI - he brings Bikurim but he does not recite the "Mikra Bikurim" (BIKURIM)
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the *Mikra Bikurim*, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there.
(d) In certain instances, as our Mishnah and Gemara discuss, the owner only brings the fruit, without reciting the declaration (Mevi v'Eino Korei). For example, if he brings them between Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b and Rashi there).

7) [line 13] AF B'LOKE'ACH PEIROS MIN HA'SHUK - even one who buys fruits from the market (and which did not grow from one's own land); alt. AF B'LOKE'ACH PEIROS HA'ILAN - one who buys a tree for the fruits that it produces (and who does not have the ground beneath the tree and may not plant another tree when this one dies) (BACH)

8) [line 17] "ASHER TAVI ME'ARTZECHA" - "[And you shall take of the first of all the fruit of the earth,] which you shall bring from your land [that HaSh-m... gives you, and shall put it in a basket, and shall go to the place which HaSh-m... shall choose to place His Name there.]" (Devarim 26:2) 9a) [line 18] "ADMASCHA" - "[The first of the produce of] your land [you shall bring to the house of HaSh-m]." (Shemos 23:19)
b) [line 19] "ASHER NASATA LI" - "[And now I have brought the first of the fruits of the land] which You, HaSh-m, have given to me." (Devarim 26:10)


10) [line 9] KA ME'AYEIL CHULIN LA'AZARAH - he is bringing Chulin into the Azarah! (CHULIN LA'AZARAH)
(a) According to some Tana'im, it is forbidden by an Isur Aseh to bring a non-sanctified ("Chulin") animal or food into the Azarah of the Beis ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m is *far* [from where you are], ...you may slaughter and eat meat to your heart's content..." (Devarim 12:21), which implies that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash (Pesachim 22a). According to these Tana'im, if non-sanctified animals are slaughtered in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim, ibid.). Other Tana'im maintain that the prohibition of offering Chulin in the Azarah (and eating from non-sanctified animals that were slaughtered in the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah *Lav* d'Oraisa").
(b) The Rishonim argue over the breadth of the prohibition of bringing Chulin into the Azarah, according to those Tana'im who prohibit it mid'Oraisa. According to many Rishonim, it is only prohibited mid'Oraisa to bring objects of Chulin into the Azarah if one performs with them acts which resemble those done for Korbanos, such as slaughtering them, waving them or placing them on the Mizbe'ach (TOSFOS here, DH v'Dilma, and in Pesachim 66b, and other Rishonim). Others maintain that even if no such acts are performed, it is prohibited mid'Oraisa to bring foods of Chulin into the Azarah (RAMBAM Hilchos Shechitah 2:3; see Insights to Nedarim 9:2).

11) [line 10] D'PARIK LEHU - he redeems them (PIDYON HEKDESH)
(a) If a person consecrates ("Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash "as is," the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh.
(b) In our Gemara, there is a doubt whether the owner of the fruits is obligated to bring them to the Beis ha'Mikdash as Bikurim. The Gemara suggests that he should consecrate them as Hekdesh (in order to permit them to be brought into the Azarah; see previous entry), and then he should redeem them with Pidyon Hekdesh (in order to permit them to be eaten by the Kohen).

12) [line 11] DILMA LAV BIKURIM NINHU V'KA MAFKA LEHU MI'TERUMAH U'MA'ASER - but perhaps the fruits are not Bikurim [and thus they are obligated to have Terumah and Ma'aser separated from them], and he is not separating Terumah and Ma'aser (and thus when the Kohen eats the fruits, he is eating Tevel)

(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5).
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

(a) See previous entry, (a) and (b).
(b) Ezra ha'Kohen fined the Leviyim of his time who did not come with him back to Eretz Yisrael and decreed that from then on Ma'aser Rishon shall be given to the Kohanim (Ezra 8:15, Yevamos 86b).

(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the Torah states "v'Chol Minchah *Velulah* va'Shemen" (Vayikra 7:10), from which we learn that the oil that is poured onto the Minchah should be mixed throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah (Menachos 103b) states that if someone brings a Minchah to be offered on the Mizbe'ach, it may not contain more than sixty Esronim of flour (approximately 129.6, 149.4 or 259.2 liters, depending upon the differing Halachic opinions).
(c) Similarly, with regard to Bikurim, the failure to recite the Mikra Bikurim verses (see above, entry #6) does not prevent a person from bringing the fruit as Bikurim (when it is definitely obligated in Bikurim). However, if certain fruits -- such as those discussed in our Gemara -- are only brought as Bikurim because of a doubt, *not* reciting the Mikra Bikurim *does* prevent the person from bringing the fruit as Bikurim.

16) [line 23] BETZARAN - if the owner harvested the Bikurim (and not that he had them harvested by a Shali'ach)

17) [line 24] V'SHEGARAN B'YAD SHALI'ACH - he sent them with a Shali'ach
18) [line 24] U'MES SHALI'ACH BA'DERECH - or if the Shali'ach harvested them and died on the road [and a second Shali'ach or the owner himself brought them to the Azarah]

19) [last line] V'LAKACHTA V'HEVEISA - the words "v'Lakachta" and "*Tavi*" from the verse dealing with Bikurim, "V'LAKACHTA ME'REISHIS KOL PRI HA'ADAMAH ASHER TAVI ME'ARTZECHA..." - "And you shall take of the first of all the fruit of the earth, which you shall bring from your land [that HaSh-m...gives you, and shall put it in a basket, and shall go to the place which HaSh-m...shall choose to place His Name there.]" (Devarim 26:2)

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