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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Rosh Hashanah 12

ROSH HASHANAH 12, 13, 14, 15 (3-6 Menachem Av) - dedicated by the wife and daughters of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. on his upcoming second Yarzeit (7 Av). Well known in the community for his Chesed and Tzedakah, he will be remembered by all who knew him.



(a) According to Rebbi Yehoshua, the Torah writes that the Flood began in the second month, because it began in Iyar (which is the month after Nisan); according to Rebbi Eliezer - it is because it is the month after Tishri, when Hashem judged the world and issued the decision to send the Flood.

(b) The Torah refers to Tishri as the first month (le'Din) - in Parshas Eikev, where it writes "me'Reishis ha'Shanah ve'Ad Acharis Shanah". Note: By way of hint, the word "me'Reishis' is missing an 'Aleph', thereby containing the letters that spell 'mi'Tishri'.

(c) Rav Chisda teaches us that the generation of the Flood sinned with 'Roschin' (with hot semen). We learn from the 'Gezeirah-Shavah' "*va'Yashoku*" ha'Mayim" (by No'ach), and "va'Chamas ha'Melech *Shachachah*"(Megilas Esther) - that the water of the Flood too, was hot (measure for measure).

(a) We have learned in a Beraisa that the Chachmei Yisrael reckon the Flood (i.e. the years of the world) from Tishri (like Rebbi Eliezer), and the seasons, from Nisan (like Rebbi Yehoshua). In fact - we presume the world to have been created in Nisan, and the reason that we reckon the years from Tishri is because it is the Rosh Hashanah for years (the world is judged then).

(b) The Chachmei Umos ha'Olam reckon the years too, from Nisan.

(a) The Tosefta lists vegetables, Ma'asros and Nedarim among the things for which Tishri is Rosh Hashanah. By vegetables - the Tana means Ma'aser Yerek.

(b) 'Ma'asros' in the Tosefta refers to the Ma'aser of Dagan (incorporating corn, wine and oil) which is d'Oraysa, whereas Ma'aser Yerek is de'Rabbanan.

(c) The Tana puts 'vegetables' *first* - precisely because it is de'Rabbanan, since, whatever is de'Rabbanan is particularly precious in his eyes.

(d) The Tana of our Mishnah does not include 'Ma'asros' in his list - because he already mentions Yerakos, and if Tishri is the New Year for Ma'aser Yerek (which is only de'Rabbanan), then it is certainly the New Year for Ma'aser Dagan which is d'Oraysa!

4) The Tana of the Tosefta refers to ...
1. ... 'Ma'asros' and not just 'Ma'aser' - because he incorporates Ma'aser Beheimah together with Ma'aser Dagan.
2. ... 'Yerakos' and not just 'Yerek' - because he incorporates two kinds of vegetables; one which is *sold in bundles* (and which becomes ready for Ma'asering as soon as it is tied in bundles; the other, which is *not* sold in bundles (and which becomes ready for Ma'asering after it has been made into a pile - like corn).



(a) In any of the six years of the Sh'mitah cycle, if one has vegetables that were picked around Rosh Hashanah time - one must take care to Ma'aser those that were picked *before* the entry of Rosh Hashanah and those that were picked *afterwards* separately.

(b) One must take additional care to note the current year of the cycle - because on the first, second, fourth and fifth years one separates Ma'aser Sheini, and on the third and sixth years, Ma'aser Ani.

(a) We learn from the Pasuk ...
1. ... "Ki Sechaleh le'Aser Tevu'ascha ba'Shanah ha'Shelishis *Sh'nas ha'Ma'aser*" - that, in the third year (and in the sixth) only *one* of the two Ma'asros (i.e. Ma'aser Rishon to the Levi, but not Ma'aser Sheini) that applies in the previous two years, applies.
2. ... which refers to Ma'aser as an inheritance - that Ma'aser Rishon, like an inheritance, does not cease to be functional (even in the third and the sixth years).
(b) If not for this Hekesh, we would have interpreted the previous Pasuk to mean that one gives only *Ma'aser* Ani in the third and the sixth years - specifically Ma'aser *Ani*, because the Torah writes there specifically "la'Ger la'Yasom ve'la'Alamanah".

(c) Rebbi Yehudah (in another Beraisa) learns from the Pasuk "u'Va ha'Levi" what the Tana Kama learned above from the Torah's comparison to inheritance (i.e. that the Levi comes whenever he likes to take Ma'aser - in all of the six years of the Shmitah cycle.

(a) A person who makes a Neder denying himself benefit from his friend for 'a year' - is forbidden to have benefit for a full twelve months (from day to day); whereas 'this year' implies only until the first of Tishri.

(b) The minimum duration of the latter Neder - is one day (i.e. even if he made the Neder on the twenty-ninth of Elul.

(c) Even Rebbi Elazar (who, we learned earlier, holds that less than thirty days is not called a year) will agree with this - because a Neder depends upon whatever the person undertakes; and in this case, he undertook abstention, which he fulfilled (even if it was only for one day).

(d) Tishri is the New Year for Nedarim, rather than Nisan - because Nedarim always follows the way people think, and when a person says 'this year', he normally has in mind 'until Rosh Hashanah'.

(a) The Mishnah in Ma'asros states that the year for fenugreek is from the time it grows (rather than from the time it is picked, like other vegetables) - meaning the time it has grown large enough to be eaten in the form of seeds (fenugreek that is ready to be eaten when it is fully-grown, is no different than any other vegetable).

(b) The year of grain and olives - is determined by the time they have grown to one third of their growth.

(a) Rav Asi Amar Rebbi Yochanan in the name of Rebbi Yossi Hagelili learns from the fact that the Torah in Vayeilech refers to the Sukos following the Sh'mitah, as the Sh'mitah year - that produce that has grown to one third of its growth before Rosh Hashanah of the eighth year, is considered Sh'mitah produce, even though for the most part, it grew in the eighth year.

(b) We did not bother to inquire about the source for vegetables going after the time they are picked, or trees after the time the fruit buds - because these Ma'asros are only de'Rabbanan, and we do not require a source (though later in the Sugya, we will see why the Rabbanan institute that).

(c) When the Gemara suggests that perhaps the Pasuk is speaking even when the produce and the olives have not yet begun to grow - it means to ask that perhaps what the Torah wants to teach us is that the Isur of Shemitah extends until Sukos.

(d) We answer this Kashya by referring to the Pasuk "ve'Chag *ha'Asif* be'Tzeis ha'Shanah" - meaning the Chag of harvesting; and Chazal know that whatever is harvested on Sukos must have grown at least one third by Rosh Hashanah. The Torah cannot simply be telling us that Sukos coincides with the ingathering of the crops - because we know that already from "be'Aspecha" (written in the same Pasuk).

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