Siman - Rosh Hashanah Daf 14

  • Why the Rosh Hashanah for trees is in Shevat

The Mishnah on Daf 2a stated that Beis Shammai said that the first of Shevat is the Rosh Hashanah for trees, whereas Beis Hillel said that it is on the fifteenth of Shevat. The Gemara here asks what the reason is that it is in Shevat, and answers, based on a statement that Rebbe Elazar said in the name of Rebbe Oshaya, אף על פי שרוב תקופה מבחוץ – Even though most of the winter season is yet to come, the Rosh Hashanah for trees is still in Shevat, הואיל ויצאו רוב גשמי שנה – because most of the rain days of the year have already passed. Rashi explains that these rains cause the sap to rise in the trees, and it is this that will cause the new fruits to emerge. 

  •  Why Rebbe Akiva gave both maaser sheini and maaser ani

It was taught in a Baraisa: There was an incident with Rebbe Akiva, שליקט אתרוג באחד בשבט ונהג בו שני עישורין – where he picked the fruits of an esrog tree on the first of Shevat, in the third year of the shemittah cycle, and he subjected it to two tithes. He separated maaser sheini, as if it were the second year of the cycle, and he also gave from it maaser ani, as if it were the third year of the cycle. Maaser ani was in accordance with Beis Shammai, who hold that the Rosh Hashanah for trees begins on the first of Shevat, and the maaser sheini was in accordance with Beis Hillel, who hold that the Rosh Hashanah does not begin until the fifteenth. The Gemara asks if we act in accordance with two chumros, for it was stated in a Baraisa that לעולם הלכה כדברי בית הלל – The halachah always follows the view of Beis Hillel. If one wants to act in accordance with Beis Shammai he may do so, and if one wishes to act in accordance with Beis Hillel, he may do so. However, one who adopts the leniencies of both is a rasha, and one who adopts the chumros of both, regarding him the passuk states, "והכסיל בחשך תלך" – And the fool goes in darkness. How then could Rebbe Akiva act in accordance with both? The Gemara answers that Rebbe Akiva meant to follow the opinion of Beis Hillel but was unsure which date Beis Hillel held. Therefore, he gave both tithes.

  •  Machlokes Rabban Gamliel and Rebbe Eliezer regarding determining the status of an esrog

The Baraisa continues: Rebbe Yose bar Yehudah says, that Rebbe Akiva was not subjecting the esrog to two tithes to act in accordance with both Beis Shammai and Beis Hillel, rather he was subjecting it to the practices of Rabban Gamliel and Rebbe Eliezer, due to his uncertainty as to the halachah in their machlokes. The Gemara brings the relevant Mishnah, which states: אתרוג שוה לאילן בשלשה דרכים ולירק בדרך אחד – An esrog is similar to a tree in three ways and to a vegetable in one way. It is similar to a tree in the following three ways: in regard to orlah, revai and shemittah. Rashi explains that just as other trees go בתר חנטה - are assigned the year after which they emerge, so too the esrog. And it is similar to a vegetable in one way, שבשעת לקיטתו עישורו – its status regarding maaser is determined at the time it is picked, דברי רבן גמליאל. Rebbe Eliezer says: אילן שוה לאילן לכל דבר – The esrog is similar to a tree in every respect, even regarding maaser. According to Rebbe Yose bar Yehudah, Rebbe Akiva was unsure whether to follow the opinion of Rabban Gamliel and assign the esrog to the year in which it was picked, which was the third year, or to the view of Rebbe Eliezer and assign it to the year it emerged, which was the second year. He therefore took both maaser sheini and maaser ani.