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Menachos 70

1) [line 1] AMDINHU - they estimated the Ma'aser (since it is difficult to be precise when tithing stalks -- SHITAH MEKUBETZES #1) (See Background to Menachos 66:20.)

2) [line 1] ASRINHU - and they took of the tithes
3) [line 1] SHASLINHU - and they replanted the stalks (that were Chulin, after the Terumos and Ma'asros were separated)

4) [line 1] HOSIFAH LEHU - and they grew an additional amount

5a) [line 5] DAVAR SHE'ZAR'O KALAH - a plant in which the planted seed totally decomposes when producing a new plant, e.g. wheat
b) [line 6] DAVAR SHE'EIN ZAR'O KALAH - a plant that contains a regenerative root or bulb, e.g. scallions

6) [line 8] LITRA BATZAL - a certain weight of onions. (A Litra is identified with the Roman Libra, a pound.)

7) [line 8] SHE'TIKNO - (lit. which he fixed) from which he separated Terumos and Ma'asros

8a) [line 9] HASAM HAINU ZERI'ASO - there (with regard to the onions) that is the normal way that it is planted (using the bulb). As such, it is reasonable that one must separate Terumos and Ma'asros from the original bulbs that were planted, as well
b) [line 9] HACHA LAV HAINU ZERI'ASO - here (with regard to the stalks) this is not the normal way to plant stalks (by transplanting them)

(a) Certain Halachos apply only to items that are attached to the ground (such as the Isur of "Tolesh" on Shabbos) or that are not attached to the ground (such as the Isur of an item that was worshipped as Avodah Zarah, the Kinyan of Meshichah, Hechsher Zera'im or Tum'as Ochlim). In addition, a Halachah sometimes applies only to plants that are attached to the ground of Eretz Yisrael (such as Terumos and Ma'asros) or to plants that are planted in a specific field (such as Kil'ayim).
(b) Regarding all of the above-mentioned Halachos, the rule is that a plant planted in a flowerpot with a hole in it is considered to be planted in the earth below the flowerpot's hole. If the flowerpot does not have a hole in it, the plant is considered to be detached from the ground, and is equated with all other movable assets ("Metaltelim," or chattels). (This is the opinion of the Chachamim. Rebbi Shimon disagrees and equates a flowerpot with a hole in it to a flowerpot without a hole. He considers them both to be detached from the ground for all matters except for Hechsher Zera'im -- Shabbos 95a.)
(c) If the flowerpot has a hole in the side, some consider it to be the same as a flowerpot with a hole in its bottom. Some distinguish between a flowerpot made of earthenware (Cheres) and one made of metal or stone, ruling that what grows in an earthenware flowerpot is considered to be attached to the ground even if the flowerpot has no hole (see Rishonim to Gitin 7b).
(d) A flowerpot without a drainage hole is only obligated mid'Rabanan to have Terumos and Ma'asros separate from it. It is prohibited to separate Ma'aser from an Atzitz she'Eino Nakuv for the sake of fulfilling the obligation of separating Ma'aser from an Atzitz Nakuv. Abaye understood that Rebbi Chanina bar Minyomi was asking what the Halachah is with regard to a plant that grows in an Atzitz she'Eino Nakuv and then the owner pierces it, making it an Atzitz Nakuv. After it has additional growth, can one separate Terumos and Ma'asros from itself for its own sake? Does the additional growth cause the original growth to require re-tithing?s

10) [line 12] HACHA CHADA ZERI'AH HI - only one action of planting has been done

11) [line 13] ICHBUREI HU D'KA MICHBERA V'OLEH - [when the flowerpot is pierced,] it only becomes "attached" [to the ground, but is not considered to have been transplanted]

12) [line 14] HASAM SHTEI ZERI'OS NINHU - there (with regard to the transplanted grain stalk), it was planted twice, to all intents and purposes

13) [line 15] SHE'MERCHAH BI'KERI - stalks that were picked, upon which the owner performed Miru'ach, i.e. making the stalks in the field into an evened pile (which is an action that is normally "Kove'a l'Ma'aser," obligates the produce to be tithed, when performed upon grain kernels), after which he replanted them

14) [line 15] KARA ALEHA SHEM BI'MECHUBAR - he then separated Terumah from the standing stalks by designating a certain amount of stalks as Terumah

15) [line 16] TAVLA LAH - he caused the already-tithed stalks to become Tevel once again, i.e. to require tithing once again

16) [line 17] KADSHAH LAH - he sanctified as Terumah, the standing stalks that he separated

17) [line 18] PAKA LEI TIVLA MINAH - that is, the original Miru'ach, that apparently obligated the stalks to be tithed, was cancelled when they were replanted

18) [line 20] LO MATZINU TERUMAH B'MECHUBAR L'KARKA - we do not find any instance of standing grain that can serve as separated Terumah

19) [line 22] ICHAYUVEI MISAH V'CHOMESH - to make the person who eats it liable to Misah bi'Ydei Shamayim and Chomesh (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the amount of Terumah that he ate to the Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, and not the laws of Tashlumei Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (according to the Beraisa brought in the Gemara (Sanhedrin 83a). According to Rav (Sanhedrin 83b) -- he is punished with lashes).

20) [line 23] V'IY GACHIN V'ACHIL - and if he bends over and eats from those stalks

21) [line 24] MID'CHASAV A'PINKESA D'ILFA - from what was written on the notepad of Ilfa, the Amora

22) [line 25] BEITZEI NIVLAS HA'OF HA'TAHOR - the eggs of a Kosher bird that died without proper ritual slaughter
(a) Normally, items that are Tamei spread Tum'ah through touching them or carrying them ("Maga" or "Masa"). The only object that is Metamei mid'Oraisa *while being eaten* is Nivlas Of Tahor. Nivlas Of Tahor is a Kosher bird that died or was killed without Shechitah. (This includes a bird that is unfit to be brought as a Korban upon which Melikah -- see Background to Menachos 45:15 -- was performed.) It is *only* Metamei while in the Beis ha'Beli'ah (throat), during the process of being swallowed.
(b) A Nivlas Of Tahor is Metamei the person eating it, as well as any clothes or utensils that he is touching at the time that it is in his throat, giving them the status of "Rishon l'Tum'ah." (Once it is swallowed, the person remains Tamei, but is only Metamei food and drinks, i.e. he is a Rishon l'Tum'ah).

23) [line 26] MI'BIFNIM - (the words "*U'MIN* HA'SHALAL SHEL BEITZIM" in RASHI DH mi'Bifnim and in TOSFOS DH Beitzei Nivlas Of Tahor should be "*MIN* HA'SHALAL SHEL BEITZIM")

24) [line 25] MIKTZASAN BA'CHUTZ U'MIKTZASAN BIFNIM - when part of them are outside of the bird and part of them are inside (i.e. the bird began to lay an egg when it died)

25) [line 26] METAM'IN BEGADIM A'BEIS HA'BELI'AH - see above, entry #22.

26) [line 31] KIL'AYIM (KIL'EI ZERA'IM)
(a) It is forbidden to plant different types of crops together (Kil'ei Zera'im) as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19). The resulting produce is not Asur b'Hana'ah.
(b) With regard to sowing different types of crops in a vineyard, the verse states "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim in a vineyard, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash'). TOSFOS DH Ein (II) writes that our Gemara specifically refers to Kil'ei Zera'im and *not* to Kil'ei ha'Kerem.
(c) The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.

Beis Din has the power to inflict lashes upon a person when lashes mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit. lashes for rebelliousness) and may be unlimited in number. (See Insights to Chulin 110:1 for a discussion of the various opinions regarding how Makas Mardus is administered.)

28) [line 33] SHAPIR - it would have made sense [for Rav Tavyomi / Tuvi bar Kisna to state this particular Halachah]

29) [line 35] TERUMAH V'YACHZOR V'YITROM - the produce that is set aside becomes Terumah, however, the owner of the Atzitz Nakuv has not fulfilled his obligation for separating Terumah, and must separate Terumah again from the Atzitz Nakuv (the fact that the produce that was separated becomes Terumah shows that planting in an Atzitz she'Eino Nakuv is considered Halachic planting)

30a) [line 35] CHITIN - wheat
b) [line 36] SE'ORIN - barley
c) [line 36] KUSMIN - spelt (a species of wheat)
d) [line 36] SHIBOLES SHU'AL - (a) (O.F. aveine) oats; (b) Hordeum sativum ssp. distichum, a species of barley that grows in two rows (Y. FELIX, Plant World of the Bible, Masada Press, Ramat Gan 1976, p. 152, based on the TALMUD YERUSHALMI, Maseches Chalah 1:1)
e) [line 36] SHIFON - (O.F. seigle) rye

31) [line 37] CHALAH
See Background to Menachos 66:19.


32) [line 1] GULVA - (O.F. espelte) spelt
33) [line 1] DISHRA - (O.F. seigle) rye
34) [line 1] SHIBOLEI TE'ALA - [a grain] the stalks [of which look like the tail] of a fox (see above, entry #30d)

35a) [line 2] OREZ - (a) (O.F. mil) millet (RASHI to Berachos 37a); (b) rice (TOSFOS ibid.)
b) [line 2] DOCHAN - (a) (O.F. panil, paniz) panic grass, a type of millet (RASHI to Rosh Hashanah 13b); (b) (O.F. mil) millet (TOSFOS to Berachos 37a)

36) [line 4] "V'HAYAH BA'ACHALCHEM MI'LECHEM HA'ARETZ" - "And it shall be, when you eat of the bread of the Land" (Bamidbar 15:19)

37) [line 7] "LO SOCHAL ALAV CHAMETZ SHIV'AS YAMIM TOCHAL ALAV MATZOS LECHEM ONI..." - "Do not eat with it (with the Pesach sacrifice) leavened products; seven days shall you eat with it Matzos, poor [man's] bread..." (Devarim 16:3)

38a) [line 9] CHIMUTZ - leavening
b) [line 11] SIRACHON - spoilage, rotting
39a) [line 12] TEVU'AH - produce, grain kernels
b) [line 12] KEMACHIM - flour
c) [line 12] BETZEIKOS - dough
40) [line 14] L'INYAN CHADASH - with regard to the prohibition of Chadash (see Background to Menachos 67:30)

(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption -- see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

42) [line 15] D'IY ACHIL LEI MI'CHUTZ LA'CHOMAH, LAKI - that if a person eats it outside of the walls of Yerushalayim, he incurs Malkus

43) [line 18] MAH HASAM OCHLA B'EINEI - just as in that case (dough), the food is visible (without being covered by the peels, and they are not considered Ochlin with regard to the Halachos of Tum'as Ochlin -- see Background to Menachos 54:21)
b) [line 18] AF HACHA NAMI OCHLA B'EINEI - here (the kernels), too, the food must be visible (without the peels)

44) [line 19] KELUFAH - peeled

(a) Foods may become Tamei if they touch a source of Tum'ah only if they were wetted at some point in their history. Making foods wet in a manner that enables them to become Tamei is called "Hechsher." From then on, even after they dry, they can become Tamei. Wetting food with either of seven liquids, water, dew, oil, wine, milk, blood, and honey, can enable the food to become Tamei.
(b) The food can only become Tamei if the owner of the food was *pleased* that his food became wet. This is learned from the verse, "v'Chi Yutan Mayim Al Zera..." - "If water has been placed on seeds and then the dead body [of a Sheretz] fell upon them, the seeds are Tamei" (Vayikra 11:38). The word "Yutan" in the verse is written without a Vav, just like the word "Yiten" -- "he places." However, according to the Mesorah, it is read "Yutan" -- "it was placed." From this we learn that when water or other liquids fall on the food it is considered Hechsher only if their presence is desirable to the owner of the food (i.e. it is as though he himself applied them).
(c) It is necessary only for the owner to desire the liquid; he need not desire that the liquid come into contact with the food. That is, even if the owner desires the liquid for an entirely different purpose, if the liquid later comes into contact with food it will enable the food to become Tamei. On the other hand, if the owner only intended to dispose of the liquid it does not enable the food to become Tamei, since only liquids that are significant can cause Hechsher.
(d) It is only considered "Ki Yiten" when the liquid falls upon an object, with the will of the owner, that is *detached* from the ground.

46) [line 24] ADASHIM - lentils

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