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Previous daf Nedarim 58
1) [line 1] KOL DAVAR SHE'YESH LO MATIRIN
(a) When a forbidden object is mixed with a permitted object, the mixture
may be prohibited to be eaten mid'Oraisa, prohibited to be eaten
mid'Rabanan, or permitted to be eaten, as follows:
1. If most of the mixture is Isur, it is prohibited mid'Oraisa.
(b) These rules apply to normal Isurim. There are, however, Isurim for which
Chazal decreed that they not be nullified by a majority or even by sixty
parts of Heter. One of these is Davar she'Yesh Lo Matirin, an object that
will become permitted eventually, either by itself (such as an object that
is Muktzah on Shabbos and Yom Tov and will become permitted when Shabbos or
Yom Tov ends), or through its owner's actions (such as Tevel, for which one
can separate Terumah to permit it to be eaten).
2. If most of the mixture is Heter, but the Isur is more than one sixtieth
of the Heter, i.e. the Isur is "Nosen Ta'am" (lends taste) to the Heter, it
is prohibited mid'Rabanan (since "Ta'am k'Ikar," the "taste" is like the
essence, is a Din d'Rabanan. There are those who prohibit this mixture
mid'Oraisa, when the two mixed substances are unidentical ("Min bishe'Eino
Mino"), asserting that "Ta'am k'Ikar" is mid'Oraisa).
3. If the amount of Isur is less than one sixtieth of the Heter, and is not
Nosen Ta'am to the Heter, the mixture is permitted.
(c) The Rishonim offer various reasons to explain why the Rabanan were more
stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 3a for a
brief discussion of this.
2) [line 1] MA'ASER SHENI
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah 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.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called Ma'aser Rishon; one tenth of the produce must be given
to a Levi.
(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.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, 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.
3) [line 2] CHADASH
(a) Chadash is any grain that has not begun to take root until after the
Korban ha'Omer is brought on the second day of Pesach. This grain may not be
eaten until next year's Korban ha'Omer is brought (or when there is no Beis
ha'Mikdash, until the day that it would have been brought), as it states in
Vayikra 23:14 ("v'Lechem v'Kali v'Charmel Lo Sochlu ...").
(b) Many Rishonim rule that the prohibition of Chadash applies mid'Oraisa
even in Chutz la'Aretz.
4) [line 4] CHALAH
Whenever a person kneads a dough made from one of the five species of grain
(wheat, barley, oats, rye or spelt), he must separate a small portion to be
given to the Kohen, as specified in Bamidbar 15:17-21. This portion is
called Chalah. The requirement to separate Chalah with a Berachah only
applies to a dough made from the volume of 43.2 Beitzim of flour (about 10
1/2 cups or 2.48 liters). An amount about half that much requires Chalah to
be separated without a Berachah. A baker must separate 1/48 of his dough as
Chalah, while a normal homeowner must separate 1/24.
5) [line 4] ORLAH
See Background to Nedarim 57:8.
6) [line 4] KIL'EI HA'KEREM
(a) It is forbidden to plant different types of crops together as it states
in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species
(together) in your field." (Vayikra 19:19), and "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, the produce becomes prohibited ('Kidesh,' from
the word in the verse, 'Tikdash').
(b) The Mishnayos in Maseches Kil'ayim specify the distance that one must
leave in between different crops.
7) [line 8] BI'UR (Some laws of Shemitah)
(a) The Torah requires that farmers desist from working the land every
seventh year, as described in Vayikra 25:1-7. The fruits that grow during
the seventh (Shevi'is) year are holy to the extent that 1. they must be
considered ownerless; anyone may come into any field and pick the fruit that
he intends to eat. 2. The fruits may not be bought and sold in a normal
fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits
of Shevi'is be used only for eating or drinking (in the normal manner for
that type of fruit) or for burning to provide light (in the case of oil).
They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) In addition, when each type of produce is no longer available in the
fields, there is an obligation to perform Bi'ur on it and on all of the
items for which it was exchanged (Pesachim 52a). The Rishonim argue with
regard to the definition of Bi'ur.
1. The Ramban (to Vayikra 25:7) writes that one is obligated to remove the
items from his house and *declare them Hefker (ownerless)* such that they
may be taken by any passerby. (One may later reacquire ownership of the
produce.) If Bi'ur was not done at the right time, the produce becomes Asur
8a) [line 12] SHECHORIN - dark
2. According to the Rambam (Hilchos Shemitah 7:3), Bi'ur means to destroy
the produce completely. At the time that it is no longer available in the
fields, eating it becomes prohibited.
3. The Ra'avad (ibid.) rules that there are two types of Bi'ur. At the time
that an item of produce becomes unavailable in the fields *in a certain
place*, one must declare it Hefker (like the opinion of the Ramban). At the
time that it becomes unavailable *in all of Eretz Yisrael*, one must destroy
the produce completely (like the opinion of the Rambam).
b) [line 12] HORIKU - if they were pale
9) [last line] MEDUKANIN - crushed, chopped (*before* they started to
grow -- RAN)
10) [line 1] HE'MENAKESH IM HA'KUSI - one who weeds (thins out plants so
that they will grow better) for a Kusi
11) [line 1] CHASIYOS - members of the leek family, including onions and
12) [line 6] LUF - (a) a type of onion, similar to colocasia (such as
elephant's ear cabbage), with edible leaves and roots; (b) (O.F. lupine) a
type of lupine or bean plant (MEFARESH; the Old French term "lupines,"
although similar in sound to the Talmudic word, does not appear in the
manuscripts of the Mefaresh but only in the printed version, and some cast
doubt as to its authenticity (M. Katan, "Lazei Rashi"). The ME'IRI, though,
also suggests the translation "lupines." Nevertheless, he describes the Luf
as a leafy vegetable with an edible root. He says that it grows in two
varieties; a small-leafed variety, and in a large-leafed, sloppy looking
variety called "Luf ha'Shoteh" -- see Shevi'is 7:1)
13) [line 13] LITRA MA'ASER TEVEL SHE'ZAR'A B'KARKA - a pound of Ma'aser
[Rishon, from which Terumas Ma'aser (see below, entry #14b) was not taken,
and therefore it is still called] "Tevel," which a Levi planted in the
ground (during the Shemitah year -- RAN)
14a) [line 15] CHAYEVES B'MA'ASER UVI'SHEVI'IS - (a) Terumas Ma'aser must
still be removed from the original Ma'aser Tevel (i.e. the Ikar, but not
from the Gidulim), and the entire plant (including the Gidulm) must be
treated as Shemitah produce (RAN); (b) Alternatively, the entire plant
(including the Gidulim) is obligated in Ma'aser like normal produce if the
Gidulim are grown during a year other than Shemitah, or it is treated as
Shemitah produce if the Gidulim are grown during the Shemitah year (ROSH and
others, see also RAN 59b DH Sha'ani).
b) [line 15] CHAYEVES B'MA'ASER (TERUMAS MA'ASER)
(a) After a crop 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 removed. The
punishment for eating Tevel (produce that has not been tithed) is Misah