THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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CHULIN 137-140 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dapim for the benefit of Klal Yisrael.
1) WHICH WOOL SHOULD BE GIVEN TO THE KOHANIM
QUESTION: The Gemara teaches that we learn from a verse in Iyov (31:20) that
the Mitzvah of Reishis ha'Gez applies only to the wool of a lamb.
How can a verse in Iyov teach us the meaning of a verse in the Torah? The
Gemara in Bava Kama (2b) teaches that "Divrei Torah mi'Divrei Kabalah Lo
Yalfinan"! (TOSFOS DH Asya)
(a) TOSFOS answers that the Gemara is not teaching an actual Gezeirah Shavah
with the verse in Iyov and the verse in the Torah (a Gezeirah Shavah is a
Halachah l'Moshe mi'Sinai, and it obviously cannot be derived from a verse
in Kesuvim, which was not written yet when the Torah was given). The Gemara
is merely using the verse in Iyov to prove the definition of the word "Gez"
as a Giluy Milsa (see Insights to Chulin 66:4).
(b) However, Tosfos points out that the Gemara implies that there is an
actual Gezeirah Shavah with the verse in Iyov (see RASHI to Megilah 2b, DH
Perazi Perazi for another example of a Gezeirah Shavah with a verse in
Kesuvim and a verse in the Torah). Nevertheless, the rule of "Divrei Torah
mi'Divrei Kabalah Lo Yalfinan" does not apply here, because the Gezeirah
Shavah is not teaching us any law that is not written in the Torah itself.
Once we know the Gezeirah Shavah, we realize that the Torah, by writing
"Gez," means to limit the laws of Reishis ha'Gez to lamb's wool.
2) THE "SHI'UR" FOR "MATNOS KEHUNAH"
QUESTION: Rav and Shmuel teach that the Rabanan instituted a minimum Shi'ur
of one-sixtieth for the three types of Matnos Kehunah for which the Torah
gives no minimum Shi'ur -- Terumah, Reishis ha'Gez, and Pe'ah.
3) AN ALLUSION IN THE TORAH FOR THE "SHI'UR" OF "BIKURIM"
The Yerushalmi (Bikurim) adds that the Rabanan also instituted this minimum
Shi'ur for Bikurim. Chalah, in contrast, has a different Shi'ur, because one
generally does not bake enough at one time such that the minimum Shi'ur
should be one-sixtieth. Instead, the Rabanan instituted that an ordinary
person must give one part of twenty-four, and a professional baker must give
one part of forty-eight.
The Gemara questions the teaching of Rav and Shmuel from a Mishnah (Terumos
4:3) that says that the Shi'ur for Terumah of a generous person is
one-fortieth. The Gemara concludes that when Rav and Shmuel say that the
Shi'ur for Terumah is one-sixtieth, they are referring to the Shi'ur that
the Rabanan instituted when separating Terumah *mid'Rabanan* (such as from
fruits and vegetables that have no Chiyuv Terumah mid'Oraisa).
This answer is problematic, because in the same list, Rav and Shmuel mention
that the Shi'ur of Reishis ha'Gez is one-sixtieth. This must be referring to
the Rabanan's Shi'ur for the Mitzvah of Reishis ha'Gez *mid'Oraisa*, since
there is no Reishis ha'Gez that is mid'Rabanan (in Chutz la'Aretz, it is
either mid'Oraisa, as Rebbi Elazar maintains, or there is no obligation at
all, as Rebbi Ila'i maintains).
If they are referring to the Mitzvah mid'Oraisa with regard to Reishis
ha'Gez, then why are they not also referring to the Mitzvah mid'Oraisa with
regard to Terumah? If, on the other hand, they are discussing entirely
different types of Mitzvos -- Terumah mid'Rabanan and Reishis ha'Gez
mid'Oraisa, then why do they not give different Shi'urim for different types
of people with regard to Reishis ha'Gez? That is, just as that Rabanan gave
different Shi'urim for Terumah d'Oraisa (one-fortieth for a generous person,
one-fiftieth for an average person, one-sixtieth for a stingy person), the
Rabanan should also give different Shi'urim for Reishis ha'Gez mid'Oraisa!
(a) RAV SHLOMO ZALMAN AUERBACH zt'l in MA'ADANEI ARETZ (Terumos 3:1)
suggests a reason to differentiate between Terumah and Reishis ha'Gez. With
regard to Terumah, the Rabanan gave a fluctuating Shi'ur because the normal
manner of separating Terumah is to separate it together with Ma'aser Rishon
and Ma'aser Sheni, which *do* have a set Shi'ur mid'Oraisa. If the Rabanan
would have given a set Shi'ur for Terumah d'Oraisa, then we might have
thought that the Shi'ur itself is mid'Oraisa, just as it is mid'Oraisa for
the other Matanos that are being separated from the fruit at the same time.
The Rabanan gave Terumah a fluctuating Shi'ur, making it dependent upon the
generosity of the giver, in order to make it clear that the Shi'ur is not
In addition, we find another difference between the Shi'ur d'Rabanan for
Terumah d'Oraisa and the Shi'ur d'Rabanan for Reishis ha'Gez and the other
Matanos. Terumah is separated based on an estimation, and thus the exact
minimum Shi'ur of one-sixtieth for Terumah might not always be reached.
Second, even if one separated less than one-sixtieth, the Terumah is valid
b'Di'eved. The reason why the Rabanan did not establish the Shi'ur of
one-sixtieth as an exact Shi'ur that is Me'akev is in order to show that
mid'Oraisa there is no Shi'ur for Terumah.
In contrast, the other Matanos -- Reishis ha'Gez, Pe'ah, and Chalah -- have
a constant, unvarying Shi'ur, since they are not given with other Matanos
that have a Shi'ur d'Oraisa.
(b) RAV CHAIM KANIEVSKY shlit'a in DERECH EMUNAH (Bikurim 10:1) writes that
Reishis ha'Gez is not a common Mitzvah, and, therefore, the Rabanan did not
establish a larger Shi'ur for a generous person. They established a single
Shi'ur -- one-sixtieth -- and if one wants to add to it, he certainly may,
and he will merit great blessing. (Similarly, this may explain why Pe'ah and
Bikurim, which are given only once a year, have a fixed Shi'ur.) The Mitzvah
of separating Terumah, however, is performed often, whenever one wants to
eat his produce. (Mordechai Zvi Dicker)
QUESTION: The Gemara quotes the Mishnah in Pe'ah (1:1) that says that,
mid'Oraisa, there is no minimum Shi'ur for the Mitzvah of Bikurim. The
Rabanan, however, instituted a minimum Shi'ur of one sixtieth of one's
entire first harvest of any of the seven species (see Yerushalmi Bikurim
3:1; Rambam, Hilchos Bikurim 2:17).
RASHI (DH d'Oraisa) explains that the Mishnah there does not mention Terumah
as a Mitzvah for which the Torah gives no minimum Shi'ur, because its Shi'ur
is alluded to in the Torah. Is Rashi implying that there is no allusion in
the Torah for the Shi'ur of Bikurim?
ANSWER: RAV MENACHEM ELIEZER of Shilishak, in YA'IR KINO to Maseches Kinim
(quoted by ALIYOS ELIYAHU, note #107) found an allusion in the Torah to the
enactment to give at least one sixtieth of one's first crops as Bikurim,
although it is not as straightforward as the allusion for the Shi'ur of
Terumah (and thus the Mishnah mentions Bikurim as a Mitzvah that has no
minimum Shi'ur). He explains as follows.
The Torah (Devarim 26:2) says that the fruits of Bikurim should be placed in
a "Tene" (a certain type of basket) and brought to Yerushalayim. The
BARTENURA (to Tamid 3:6 and Kelim 12:3) points out that a "Tene" holds the
volume of half of a Se'ah. This implies that from even the smallest orchard,
a half-Se'ah of Bikurim must be set aside.
The Gemara in Kesuvos (111b) teaches that when the Jews fulfill Hashem's
will perfectly, even their poorest vines will produce so many grapes that it
will take two donkeys to carry away the yield of each vine (see Maharsha
there). We may assume that when the Torah describes the Mitzvah of Bikurim
and the requirement to bring the first fruits in a half-Se'ah "Tene," it is
referring to the optimum situation in which the people follow the word of
Hashem, when each vine is blessed with two donkey-loads' of produce.
How much can a donkey carry? The Gemara in Bava Metzia (80a) teaches that a
donkey can hold up to 15 Se'ah of wheat. Two amount that two donkeys can
carry, therefore, is 30 Se'ah.
The Mishnah in Bikurim (1:11) teaches that the minimum amount of property
that one must own in order to be obligated in the Mitzvah of Bikurim is one
tree and its surrounding land. Consequently, the minimum amount of produce
from which Bikurim must be separated is one tree's worth of produce. The
amount of Bikurim from that produce fits into a half-Se'ah "Tene."
Accordingly, the smallest vineyard from which Bikurim is brought is one
vine, and, in the optimal situation, even the worst vine in Israel produces
30 Se'ah of grapes. Since the "Tene" in which the Bikurim must be brought
contains half of a Se'ah, which is one-sixtieth of the amount of grapes that
the vine produces (30 Se'ah), we may deduce that the minimum amount of
fruits that must be separated as Bikurim is one sixtieth of the fruit that
is produced! We thus find that the Torah indeed alludes to the minimum
Shi'ur enacted by the Rabanan!