Kiddushin - Daf 37
- Any mitzvah which is "תלויה בארץ" only applies in Eretz Yisroel
The next Mishnah states: כל מצוה שהיא תלויה בארץ – Any mitzvah which is dependent on land, אינה נוהגת אלא בארץ – only applies in the Land (Eretz Yisroel). ושאינה תלויה בארץ – And any mitzvah which is not dependent on land, נוהגת בין בארץ בין בחוצה לארץ – applies both in the Land and outside the Land, with some exceptions. The Gemara explains that “not dependent on land” refers to חובת הגוף – a personal obligation (unrelated to land, such as Shabbos), which applies everywhere, and “dependent on land” refers to חובת קרקע – a land obligation, meaning, a mitzvah pertaining to land (e.g., shemittah) or its produce (e.g., taking terumah and maaser), which applies only in Eretz Yisroel. A Baraisa explains that once the Torah indicated that some mitzvos apply only in Eretz Yisroel and some apply everywhere, we use the prohibition of idol worship, written nearby, as the model. Just as idol worship is a personal obligation and universally applicable, so too all personal obligations apply everywhere.
- Machlokes ifחדש applies everywhere
The Mishnah taught that every mitzvah which is a “land obligation” applies only in Eretz Yisroel, except for ערלה (the prohibition of a tree’s first three years of fruit) and כלאים (planting different species together), which apply everywhere despite being land mitzvos. This was taught as a halachah leMoshe miSinai. Rebbe Eliezer concludes: אף החדש – Even chadash (the prohibition to eat new grain before the עומר was brought). The Gemara asks: ר"א לקולא פליג או לחומרא פליג – Is Rebbe Eliezer arguing to be more lenient than the Tanna Kamma, or to be stricter? Meaning, did the Tanna Kamma mean to exclude only ערלה and כלאים from the “land obligation” leniency, but חדש does apply only in Eretz Yisroel? If so, Rebbe Eliezer would be excluding “also חדש,” and saying it applies everywhere. Or, did the Tanna Kamma mean that ערלה and כלאים are excluded (without a passuk), and certainly חדש is excluded (based on the words בכל מושבותיכם meaning it applies “in all places that you dwell”)? If so, Rebbe Eliezer is arguing that חדש only applies in Eretz Yisroel, and he means to say that “also חדש” is part of the Mishnah’s leniency for land obligations. The Gemara proves the first explanation is correct, and Rebbe Eliezer is being stricter.
- The implication of the word "מושבותיכם" – your dwellings with respect to נסכים
In a Baraisa, Tannaim discuss the implication of the word "מושבותיכם" – your dwellings with respect to נסכים – wine libations of korbanos. Rebbe Yishmael, because he holds that נסכים are only brought with a korban on a במת צבור – communal bamah, cannot interpret “your dwellings” to mean “in all places that you dwell.” Rather, it must mean that it only applied after the fourteen years of conquering and settling Eretz Yisroel. This teaches: שכל מקום שנאמר בו מושב – that anywhere it says "מושב", אינו אלא לאחר ירושה וישיבה – it only applies after possession and settlement (and only in Eretz Yisroel). Rebbe Akiva protests that the word מושב is written regarding the mitzvah of Shabbos, which certainly applies everywhere!? Rebbe Yishmael responds that Shabbos applies everywhere based on a kal vachomer, because it is more stringent than other mitzvos which apply everywhere. The Gemara clarifies that Rebbe Yishmael’s rule is that wherever the words "ביאה" – coming and "מושב" – dwelling are written, it means to apply after possession and settlement. The Gemara explains that Rebbe Akiva disagrees with Rebbe Yishmael’s interpretation because he holds קירבו נסכים במדבר – [individuals] brought נסכים in the Midbar. Therefore, when the Torah instructed them to bring נסכים upon arriving in Eretz Yisroel, it must mean to bring נסכים on private bamos. Thus, "מושב" here means “everywhere that you dwell.”
