Siman - Rosh Hashanah Daf 15
- An esrog that emerged in one year and was picked in the next
Rabbah said: אתרוג בת ששית שנכנסה לשביעית פטורה מן המעשר ופטורה מן הביעור – An esrog of the sixth year, which Rashi explains means that it emerged in the sixth year, which entered the seventh year, and was then picked, is patur from maaser and is patur from biur. It would seem that Rabbah determines the shemittah year of an esrog by when the fruit emerges, and therefore here, it gives it the status of a sixth-year fruit. This would exempt it from biur since it is not shemittah produce. Rabbah continues: ובת שביעית שנכנסה לשמינית – And an esrog of the seventh year which entered into the eighth year, and was then picked, פטורה במעשר וחייבת בביעור – is patur from maaser but chayav in biur. Abaye said to Rabbah, that the latter ruling regarding an esrog that emerged in the seventh year and picked in the eighth, is understandable, because it follows a chumroh in regard to shemittah law by subjecting the esrogim to biur. But the first ruling, regarding an esrog that emerged in the sixth year and was picked in the seventh, why is it patur from biur? It must be because you go after chanatah. So why is it patur from maasros? Rabbah answered, יד הכל ממשמשין בה – Everyone’s hand touches it during the seventh year, and you say it should be subject to maaser? Since it is for all practical purposes ownerless, it is patur from maaser. Rav Hamnuna has a conflicting view.
- One who holds the produce must emerge and be picked in the same year
The Gemara challenges the rulings of Rabbah and Rav Hamnuna from the following Baraisa,which taught that Rebbe Shimon ben Yehudah said in the name of Rebbe Shimon, that an esrog of the sixth year which enters the seventh year is patur from maaser and biur, שאין לך דבר שחייב במעשר אלא אם כן גדל בחיוב ונלקט בחיוב – for you have nothing that is chayav in maaser unless it grew under conditions of chiyuv and was picked under conditions of chiyuv. Meaning, it must grow and be picked in the same year. An esrog that grew in the seventh year and was picked in the eighth year, is patur from maaser and biur, for you have nothing that is chayav in biur unless it grew and was picked in the seventh year. Rashi explains that it is not subject to biur because the passuk in which the chiyuv of biur is derived; “And for your animal and beast that is in your land shall all of its crop be to eat,” which teaches that shemittah produce is permitted only as long as it is still available in the field for beasts, is speaking only about the seventh year, not the eighth.
- Avtolmos is the source for Rabbah’s and Rav Hamnuna’s rulings
The Gemara answers the above challenge, by saying that Rebbe Shimon ben Yehudah’s ruling is the subject of a machlokes Tannaim, for it was taught in a Baraisa: Rebbe Yose said: Avtolmos testified in the name of five zekeinim: אתרוג אחר לקיטתו למעשר – In the case of an esrog, we follow the time of its picking in regard to maaser. ורבתינו נמנו באושא ואמרו – However, the Rabbanon voted in Usha and ruled: אחר לקיטתו בין למעשר בין לשביעית – We follow the time of its picking in regard to both maaser and shemittah. The Gemara asks who mentioned anything about shemittah, and answers that it is a חסורי מיחסרא – the Baraisa is missing words and should be read that Avtolmos testified that an esrog goes after its picking for maaser and after chanatah for shemittah, however the Rabbanon ruled that we follow the time of its picking for maaser and shemittah. We see from here that Rabbah and Rav Hamnuna follow the view of Avtolmos.
