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by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Sukah 40

SUKA 36-56 (End of Maseches) have been dedicated by the wife and daughters of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. Well known in the community for his Chesed and Tzedakah, he will long be remembered.


(a) Question: But even those (R. Gamliel and R. Eliezer) who argue about the dating of the Ma'aser status of an Esrog, agree that its Shemitah status is determined by its budding, not its picking!?
(b) Answer: Our Tana (who singles out the Esrog) holds like the Rabanan who argue with Avtulmus in the Beraisa.
1. R. Yosi cites Avtulmus who testified that an Esrog follows its date of picking.
2. The Rabanan voted that its date is the same for Ma'aser and Shemitah.
3. Question: Who introduced Shemitah into this discussion?
4. Answer: The emended version of Avtulmus' testimony reads that an Esrog follows picking for Ma'aser and budding for Shemitah.
5. It was regarding that statement that the Rabanan voted to view the picking as the date for both Ma'aser and Shemitah.
(a) Question: A Lulav should not have Kedushas Shevi'is!?
1. We implied before that it only does not have Kedushas Shevi'is because it is from the sixth year.
2. But it should be like wood (which does not have Kedushas Shevi'is, as taught in the Beraisa), not like food!
(b) Answer: Wood is only excluded from Kedushas Shevi'is when it is being used for the coals it produces, such that its benefit is not realized as the time it is consumed.
(c) Question: But there is are oil-trees which may be lit as torches (the benefit being realized as it is consumed)!?
(d) Answer (Rava): That does not change the normal assumption for wood as firewood.
(a) The assumption that firewood is not subject to Kedushas Shevi'is is actually a Machlokes Tanaim.
(b) (Tana Kama) Shevi'is wine may be not be used for non- drinking purposes (soaking, cleaning).
(c) (R. Yosi) It may be used for those purposes.
(d) Question: What is the rationale of the Tana Kama?
(e) Answer: The word l'Achlah limits the use of the Shemitah produce.
(f) Question: What is the rationale of R. Yosi?
(g) Answer: *Lachem* (l'Achlah) allows all uses.
(h) Question: How will Tana Kama interpret Lachem?
(i) Answer: The permitted uses must be similar to eating (the benefit being realized as it is consumed, unlike soaking or washing).
(j) Question: How will R. Yosi interpret l'Achlah?
(k) Answer: To prohibit its use for (non-universal) medicinal purposes (as derived in the Beraisa).
1. The Beraisa learns the prohibition of using Shemitah produce for non-universal medicinal purposes from l'Achlah.
2. Question: Perhaps l'Achlah prohibits using it for washing or soaking?
3. Answer: Lachem already permits those.
4. Question: Why permit (include) soaking and washing while prohibiting (exclude) medicinal purposes, and not the reverse?

5. It is more likely to include soaking and washing which are universally needed activities.
(l) Question: Which Tana taught that Shemitah produce may not be used as medicine, fragrance or to induce vomiting?
(m) Answer: It must be R. Yosi, since Rabanan would also prohibit soaking and washing.
(a) (R. Elazar) The Kedushah may only be transferred when the Shemitah produce is sold (not through Chilul).
(b) (R. Yochanan) Both methods may be used.
1. Question: What is the rationale of R. Elazar?
2. Answer: The juxtaposition of Yovel (like Shevi'is) to redemption through sale.
3. Question: What is the rationale of R. Yochanan?
4. Answer: Yovel is called Kodesh (which is subject to both forms of redemption).
5. Question: How will R. Yochanan interpret the juxtaposition of Yovel to redemption through sale?
6. Answer: It teaches the severe consequence of tampering with the laws of Shemitah (resulting in a forced sale of one's property and, eventually, of one's self).
7. Question: How will R. Elazar interpret the Pasuk calling Yovel Kodesh?
8. Answer: The redemption onto money follows the same pattern as by redemption of Hekdesh.
(c) A Beraisa supports each, R. Elazar and R. Yochanan.
1. The Beraisa seems to support R. Elazar because it discusses the details of redemption always in terms of Lakach, a sale.
2. The Beraisa supports R. Yochanan in speaking of Chilul.
i. (R. Meir) The Chilul of Kedushas Shevi'is as well as Ma'aser Sheni may be made on live or slaughtered animals.
ii. (Chachamim) Live animals may not be used lest a person raise the animals instead of bringing them to Yerushalayim.
iii. (Rava) This Machlokes applies only to male animals; but all agree that live females may not be used for Chilul lest he raise them.
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