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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sukah 39

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.


1) The Beraisa says 'Rebbi Kofel Bah Devarim', meaning from 'Ana Hashem ... ' and onwards. 'Rebbi Elazar ben Perata Mosif Bah Devarim' - means from 'Odecha'.


(a) Our Mishnah ascribes the Berachah *after* Hallel to Minhag - but not before, which is Halachah.

(b) Abaye learns this from a statement by Rav Yehudah Amar Shmuel - who says that all Mitzvos require a Berachah beforehand (implying that it is Halachah, and not Minhag).

(c) We learn from any of the three Pesukim "va'Yaratz Achima'atz ... va'Ya'avor es ha'Kushi"; "ve'Hu Avar Lifneihem"; "va'Ya'avor Malkam Lifneihem, va'Hashem be'Rosham" - that 'Avar' is a Lashon of going in front of.

(a) If someone purchased a Lulav from an Am ha'Aretz during the Shmitah year, he should ask him for the Esrog free of charge.

(b) We have to change the wording 'ha'Loke'ach Lulav me'Chaveiro' - to 'ha'Loke'ach Lulav me'Am ha'Aretz' - because the Tana would not refer to an Am ha'Aretz as a Chaver (which means a colleague) (see also Tosfos DH 'ha'Loke'ach').

(c) If the Am ha'Aretz refuses to give him the Esrog free - he absorbs the cost of the Esrog in that of the Lulav (i.e. gets the seller to charge more for the Lulav, to cover the cost of the Esrog.

(d) One may not pay the Am ha'Aretz directly for the Esrog - because of the Pasuk "le'Ochlah", from which we learn 've'Lo li'Sechorah' (i.e. that the fruit of Shemitah must be eaten and not preserved [neither *it* nor its proceeds] for after Shevi'is; and we suspect that that is precisely what the Am ha'Aretz is doing) - see also Tosfos DH 'she'Ein Mosrin'.

(a) Chazal permitted paying an Am ha'Aretz as much as his needs for three meals (which is more than the cost of an Esrog - see Tosfos DH 'Yoser) - because, on Erev Shabbos, we assume that he needs that amount for the three meals of Shabbos, and, having permitted that amount on Erev Shabbos, they extended the concession to the rest of the week.

(b) If someone forgot and paid the Am ha'Aretz more than that - he is obligated to transfer the Kedushah of what he gave to the Am ha'Aretz on to his own money (which he must then treat with Kedushas Shevi'is).

(c) This concession however, applies only if the Am ha'Aretz at least made his field Hefker - but if he did *not*, then one is not even permitted to purchase any produce at all from him.




(a) The Mishnah in Shevi'is lists various types of plants that are Patur from Ma'aser (during the other six years) and which one may buy from anyone in the Shemitah year - because, due to the fact that they are of little value, one tends to declare them Hefker, and Hefker is Patur from Ma'aser.

(b) The source for this Halachah is the Pasuk in Re'ei "u'Va ha'Levi Ki Ein Lo Cheilek ve'Nachalah Imach" - from which Chazal derive that the Levi only receives Ma'aser from crops in which he has no share (but not from crops that are Hefker, and which he too, has as much right as a Yisrael).

(c) We reconcile the Seifa of this Mishnah with the previous Beraisa, which permitted the purchase of only as much as *three meals* worth from an Am ha'Aretz during the Shemitah year, but no more - by confining it too, to only three meals worth.

(d) We learn from the Pasuk in Daniel "va'Yiman Lahem Hamelech" - that Man means food.

6) It is forbidden to buy an Esrog from an Am ha'Aretz in the Shemitah year - because Esrog-trees are gauged by the time of picking (i.e. the seventh year); whereas palm-trees go after the time that they budded (the sixth year).

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