Siman - Succah Daf 40
- Why a lulav has kedushas sheviis even though wood does not
The Gemara notes that the reason a lulav may be purchased from an am haaretz during shemittah is because it is a product of the sixth year that entered the seventh, which implies הא דשביעית קדוש – that a lulav that is a product of the seventh year has kedushas sheviis. Why should this be so? עצים בעלמא הוא ועצים אין בהן משום קדושת שביעית – A lulav is mere wood, not produce, and wood has no kedushas sheviis. The Gemara answers that the passuk states that the produce of the land during sheviis is "לכם לאכלה" – for you to eat. “For you” implies for any need, whereas “to eat” seems to restrict its use to food. Therefore, it must be understood to mean "לכם" דומיא ד"לאכלה" – the larger uses permitted by לכם must be similar to those of the phrase לאכלה. This teaches the only uses permitted are מי שהנאתו וביעורו שוה – those whose benefit coincides with the consumption of the produce. Rashi brings the examples of anointing, drinking, and burning oil in a lamp, where the oil or drink are being consumed as they provide benefit. Only such items have kedushas sheviis. This would exclude wood from kedushas sheviis, whose benefit comes after its consumption, meaning when it is already reduced to coals. A lulav’s typical use as a broom has its benefit and consumption, meaning it gets worn down, at the same time, making it subject to kedushas sheviis.
- Machlokes how shemittah produce is מתחללת
It was taught on Daf 39 that kedushas sheviis can attach onto money that was given in payment for shemittah produce. Rebbe Elazar said: אין שביעית מתחללת אלא דרך מקח – Shemittah produce cannot be מתחללת, meaning impart its kedushah to money or produce exchanged for it, except by way of purchase. Rebbe Yochanan said: בין דרך מקח בין דרך חילול – It can be imparted both by way of purchase and by way of deconsecration. Rashi explains that one would say, “This produce should be מחוללין onto these monies”. Rebbe Elazar’s reason is that the passuk states, "בשנת היובל הזאת" – In this Yovel year, and next to it the passuk states, "וכי תמכרו ממכר" – When you shall make a sale. This teaches that kedushas sheviis can only be imparted through purchase. Rebbe Yochanan’s reason is that the passuk states "כי יובל היא קדש" – For it is Yovel, it shall be holy. The use of the term kodesh in connection with Yovel and shemittah teaches that just as a kodesh item can be deconsecrated both by way of purchase and by way of chillul, אף שביעית בין דרך מקח וממכר בין דרך חילול – so too shemittah produce can impart its kedushah via purchase or chillul.
- בוא וראה כמה קשה אבקה של שביעית
The Gemara asks what then does Rebbe Yochanan do with the passuk, "וכי תמכרו ממכר" – When you shall make a sale, and answers that he needs it for the source of the teaching of Rebbe Yose bar Chanina, for a Baraisa taught: Rebbe Yose bar Chanina said: בוא וראה כמה קשה אבקה של שביעית – Come and see how harsh is the dust of the prohibition of sheviis, for if a man does business with the produce of the shemittah year, hoping to profit thereby, in the end, poverty will force him to sell his מטלטלין וכלים, as it is stated, "בשנת היובל הזאת תשבו איש אל אחזתו" – In this Yovel year, you shall return each to his ancestral heritage, and next to this the Torah states: "וכי תמכרו ממכר עמיתך – When you shall make a sale to your fellow or make a purchase from the hand of your fellow. The words “the hand” imply that the passuk speaks of selling מטלטלין, and the juxtaposition of this to the preceding passuk teaches that one will become pressed to sell these objects because of his failure to observe the halachos of shemittah.
