POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 38
KIDUSHIN 36-40 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.
1) ENTERING ERETZ YISRAEL
(a) According to the opinion that "Moshav" connotes 'wherever
you dwell' - we understand "They ate from the produce of
the land on the day after Pesach";
2) MITZVOS DEPENDENT ON LAND THAT APPLY IN CHUTZ LA'ARETZ
1. Since Chadash applied right away, we could only eat
after bring the Omer on the second day of Pesach.
(b) Question: According to the opinion that "Moshav" connotes
after we inherit and apportion the land - we should have
eaten as soon as we entered!
(c) Answer: There was no need to eat the land's produce until
the manna ceased.
1. "Benei Yisrael ate manna 40 years, until they came
to a proper land."
(d) (Beraisa) Question: "Benei Yisrael ate manna 40 years" -
it was 1 month less than this (for it only started
falling on Iyar 16)!
2. Contradiction: "They ate until they came to the
border of Eretz Kana'an."
3. Resolution: Moshe died on Adar 7, and the manna
ceased falling. What they gathered into their
vessels lasted until Nisan 16.
(e) Answer: The doughs they took with them from Mitzrayim
(which lasted from Nisan 15 until Iyar 15) had the taste
(f) (Beraisa): Moshe was born and died on Adar 7.
(g) Question: How do we know he died that day?
(h) Answer: "Benei Yisrael cried over Moshe for 30 days";
after this "In 3 more days you will cross..."; "They
alighted from the Jordan River on Nisan 10."
1. Adar 7 is 33 days before Nisan 10.
(i) Question: How do we know he was born that day?
(j) Answer: "I am 120 years old today" - Hash-m fulfills the
years of Tzadikim to the day and month - "The number of
your days I will fulfill".
(a) (Beraisa - R. Shimon bar Yochai): When Yisrael entered
Eretz Yisrael, they were commanded 3 Mitzvos that apply
also in Chutz La'aretz (Chadash, Orlah and Kil'ayim).
1. ("Moshav" teaches that Chadash applies in Chutz
La'aretz; a Kal va'Chomer teaches that the others
2. Chadash is not a permanent prohibition (it never
extends past Nisan 16), it does not prohibit benefit
(only eating), the prohibition can be lifted (on
Nisan 16, when the Omer is brought) - yet it applies
even in Chutz La'aretz;
3. Kil'ayim is a permanent prohibition, it prohibits
benefit, the prohibition cannot be lifted - all the
more so, it applies even in Chutz La'aretz!
i. Two of these stringencies (Rashi - it prohibits
benefit and the prohibition cannot be lifted;
Tosfos - it is a permanent prohibition and it
prohibits benefit) apply to Orlah, so the Kal
va'Chomer applies to Orlah as well.
(b) R. Elazar b'Rebbi Shimon says, every Mitzvah we were
commanded before we entered the land applies in Chutz
La'aretz as well; every Mitzvah we were commanded after
entering the land only applies in Eretz Yisrael, except
for Shemitah of money and sending slaves free.
3) ORLAH AND KIL'AYIM
1. Even though we were commanded these 2 after we
entered, they also apply in Chutz La'aretz.
(c) Question: Shemitah of money is not dependent on the land
(Rashi - so we were commanded before we entered the land;
Tosfos - therefore, clearly it applies in Chutz La'aretz
(d) Answer: One might have thought it only applies in Eretz
Yisrael because it is equated to Shemitah of land (Rashi
- the prohibition to work the land; Tosfos - the return
of sold land to the original owner in Yovel).
1. (Beraisa - Rebbi): "Shemitah...Shemot" -the verse
speaks of 2 Shemitos, of money and land; Shemitah of
money only applies when Shemitah of land applies.
(e) Question: Freedom of slaves is not dependent on the land
- why does the Beraisa have to teach that it applies in
2. Suggestion: We should say, Shemitah of money only
applies where Shemitah of land applies (In Eretz
3. Rejection: "You will declare Shemitah to Hash-m" -
(f) Answer: Since it says "You will declare freedom in the
land", one might have thought it only applies in Eretz
1. "It is Yovel" teaches that freedom applies
2. Question: If so, why does it say "You will declare
freedom in the land"?
3. Answer: Freedom only applies in Chutz La'aretz when
it applies in Eretz Yisrael.
(a) (Mishnah): Chadash is forbidden mid'Oraisa even in Chutz
La'aretz; Orlah is forbidden (in Chutz La'aretz) by a
Halachah (law), Kil'ayim is forbidden mid'Rabanan.
(b) Question: What kind of Halachah forbids Orlah?
(c) Answer #1 (Rav Yehudah): Ways of the land (since
Yisraelim adopted the practice, it became an obligation).
(d) Answer #2 (Ula): A Halachah received from Moshe from
(e) Ula: According to me, we understand why doubtful Orlah
and doubtful Kil'ayim are treated differently (in Chutz
La'aretz - Orlah is mid'Oraisa, Kil'ayim is not).
1. (Mishnah): Fruit that might be Orlah - in Eretz
Yisrael, it is forbidden; in Surya (the land David
conquered and annexed to Yisrael) it is permitted
(if it was already picked), in Chutz La'aretz, you
may even ask the seller to pick (from an orchard
with Orlah and permitted trees), as long as you
don't see him pick Orlah.
(f) Question (Ula): According to Rav Yehudah, both are
mid'Rabanan - why are the laws different?
2. Vegetables are being sold outside a vineyard in
which vegetables are growing - in Eretz Yisrael,
they are forbidden; in Surya they are permitted, in
Chutz La'aretz, you may buy definite Kil'ayim, as
long as you don't pick it yourself.
(g) Answer: Indeed, Shmuel said that both Mishnayos (Orlah
and Kil'ayim) should say the same thing - either both
say, 'as long as you don't see the seller picking (what
is surely forbidden)', or both say, 'as long as you don't
pick it yourself'.
1. Mar brei d'Ravna learns the lenient version (in both
cases, one may see the seller pick it).
(h) Levi asked Shmuel to pick fruit (presumably Orlah of
Chutz La'aretz) for him - Levi would not know that it is
definitely Orlah, so it would be permitted to him.
(i) Rav Avya and Rabah bar bar Chanan would supply each other
with Orlah of Chutz La'aretz (neither was sure that he
was receiving Orlah).
(j) (Eifa and Avimi): Orlah does not apply in Chutz La'aretz.
1. When R. Yochanan heard this, he told Rav Yehudah to
publicize (in their city) that definite Orlah (of
Chutz La'aretz) must be destroyed; doubtful Orlah is
permitted, but this should not be publicized;
(k) Question: As whom do Eifa and Avimi hold?
2. The fruits of Eifa and Avimi must be buried;
3. R. Yochanan cursed anyone that would say that Orlah
does not apply in Chutz La'aretz.
(l) Answer (Beraisa - R. Elazar b'Rebbi Yosi, citing R.
Eliezer): Orlah does not apply in Chutz La'aretz.
(m) Contradiction (Mishnah - R. Eliezer): Even Chadash
applies in Chutz La'aretz (as well as Orlah and
(n) Correction: The word 'Even' should be deleted from the
(o) (Rav Asi): A tradition from Moshe from Sinai forbids
Orlah in Chutz La'aretz.
(p) Question (R. Zeira - Mishnah): Fruit that might be Orlah
- in Eretz Yisrael, it is forbidden; in Surya it is
permitted, in Chutz La'aretz, you may buy it, as long as
you don't see the seller picking what is surely Orlah.
(If Orlah is forbidden mid'Oraisa, we must be stringent
when in doubt)!
(q) Answer (Rav Asi): The tradition says that only definite
Orlah is forbidden.