If one purchases two trees, does the buyer acquire the land directly surrounding those trees? Rabbi Meir and the rabbis disagree. What are the ramifications of this debate? Does one bring the first fruits of a tree like this? According to the Mishna in Bikurim, Rabbi Meir and the rabbis also debate this point and according to the rabbis, one would bring the first fruits to the Temple but not say the recitation, as the obligation to bring bikurim is dependent on owning the land. Shmuel derives from the Mishna in Bikurim that Rabbi Meir would also obligate one to bring bikurim from fruit bought in the market. He derives this from the fact that there was no reason to mention Rabbi Meir’s disagreement in the Mishna in Bikurim as it could have been easily derived from his opinion on our Mishna and must therefore be coming to teach something additional. However, this suggestion is rejected. Rabbi Shimon ben Elyakim asks why in the case above (one tree according to Rabbi Meir and two according to the rabbis), one is obligated to bring the first fruits but not say the recitation – one should either be obligated and then should do both, or not obligated and do neither! Rabba answers that we do it because of a doubt – the rabbis are unclear whether or not one acquires the land. Four difficulties are brought against Rabba’s answer and are each resolved, but each resolution leads to a modification of how the bikurim are brought to the Temple in this situation.
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
This month’s learning is dedicated in memory of Rabbi Dr. Raymond Harari z”l, on the occasion of his first yahrzeit. Over the course of his distinguished career as an educator, as principal of the Yeshiva of Flatbush, and as community rabbi, he inspired thousands of students with his wisdom, warmth, and unwavering commitment to Torah.
This week’s learning is sponsored by Mark and Rena Goldstein for refuah shleima of Ben Ezra Septee ben Rena and Aliza Margalit bat Shaina Raya.
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Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
This month’s learning is dedicated in memory of Rabbi Dr. Raymond Harari z”l, on the occasion of his first yahrzeit. Over the course of his distinguished career as an educator, as principal of the Yeshiva of Flatbush, and as community rabbi, he inspired thousands of students with his wisdom, warmth, and unwavering commitment to Torah.
This week’s learning is sponsored by Mark and Rena Goldstein for refuah shleima of Ben Ezra Septee ben Rena and Aliza Margalit bat Shaina Raya.
Bava Batra 81
כְּסִיתָא. אִיכָּא דְּאָמְרִי: עֲרוֹנִים, עַרְמוֹנִים, אַלְמוּגִּים. עֲרוֹנִים – עָרֵי, עַרְמוֹנִים – דּוּלְבֵי, אַלְמוּגִּים – כְּסִיתָא.
refers to coral trees [kasita]. There are those who say that the other three are as follows: Aronim, armonim, and almugim. Aronim refers to laurel trees [arei], armonim to plane trees [dulevei], and almugim to coral trees [kasita].
מַתְנִי׳ הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שְׂדֵה חֲבֵירוֹ – הֲרֵי זֶה לֹא קָנָה קַרְקַע. רַבִּי מֵאִיר אוֹמֵר: קָנָה קַרְקַע. הִגְדִּילוּ – לֹא יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע – שֶׁלּוֹ; וּמִן הַשׇּׁרָשִׁים – שֶׁל בַּעַל הַקַּרְקַע. וְאִם מֵתוּ – אֵין לוֹ קַרְקַע.
MISHNA: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the ground under them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field. And that which grows out of the trunk is his, i.e., it belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground. And if the trees died, their owner has no rights to the ground where the trees had stood.
קָנָה שְׁלֹשָׁה – קָנָה קַרְקַע. הִגְדִּילוּ – יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע וּמִן הַשׇּׁרָשִׁין – שֶׁלּוֹ. וְאִם מֵתוּ – יֵשׁ לוֹ קַרְקַע.
If one bought three trees, he has acquired the ground along with them. If they grew, the owner of the field may cut down their branches, as he sold a specific piece of land along with the trees, not his entire field. And that which grows out of the trunk and out of the roots is his, i.e., it belongs to the owner of the trees. And if the trees died, the owner of the trees still has possession of the ground, as it was sold along with the trees.
גְּמָ׳ תְּנַן הָתָם: הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא. רַבִּי מֵאִיר אוֹמֵר: מֵבִיא וְקוֹרֵא.
GEMARA: We learned in a mishna elsewhere (Bikkurim 1:6): With regard to one who buys two trees in the field of another, he brings the first fruits but does not recite the passages of thanks to God that appear in the Torah (Deuteronomy 26:1–11), as the land does not belong to him and therefore he cannot state: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10). Rabbi Meir says: He brings the first fruits and also recites the passage.
אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק. מִמַּאי? מִדְּקָתָנֵי מִשְׁנָה יַתִּירָא – מִכְּדֵי תְּנָא לֵיהּ דְּיֵשׁ לוֹ קַרְקַע, פְּשִׁיטָא דְּמֵבִיא וְקוֹרֵא.
Rav Yehuda says that Shmuel says: Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits, not only one who grew the fruits on his own tree. From where did he derive this halakha? From the fact that the tanna teaches an apparently superfluous mishna. Since Rabbi Meir already taught in the mishna here that the owner of two trees has possession of the ground, isn’t it obvious that he brings first fruits and recites the passage? What is added by his statement in the mishna in Bikkurim?
אֶלָּא שְׁמַע מִינַּהּ, מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק.
Rather, learn from the mishna in Bikkurim that Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits to the Temple. Rabbi Meir is saying that even if the halakha is in accordance with the opinion of the Rabbis that one who buys two trees does not own the ground between them, he still must bring the first fruits and recite the passage of thanks.
וְהָא כְּתִיב: ״אֲשֶׁר תָּבִיא מֵאַרְצְךָ״! הָהוּא לְמַעוֹטֵי חוּצָה לָאָרֶץ.
The Gemara asks: But isn’t it written: “Which you shall bring in from your land” (Deuteronomy 26:2)? This verse indicates that the fruit must be the produce of your land, not land that belongs to another. The Gemara answers: That verse serves to exclude land that is outside of Eretz Yisrael, which is not the land of the Jewish people. It does not exclude land that does not belong to that specific individual.
וְהָא כְּתִיב: אַדְמָתְךָ! לְמַעוֹטֵי אַדְמַת גּוֹי. וְהָכְתִיב: ״אֲשֶׁר נָתַתָּה לִי״! דִּיהַבְתְּ לִי זוּזֵי וּזְבַנִי בְּהוּ.
The Gemara asks: But isn’t it written: “The choicest first fruits of your land you shall bring” (Exodus 23:19)? The Gemara answers: This serves to exclude fruit bought by a Jew that was grown on the land of a gentile in Eretz Yisrael. The Gemara asks: But isn’t it written: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10)? If he purchased the fruit, then the land on which it grew was not given to him by God. The Gemara answers that the phrase “which You have given me” can mean that You have given me money, and with that money I bought this fruit.
מֵתִיב רַבָּה: הַקּוֹנֶה אִילָן אֶחָד בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא, לְפִי שֶׁלֹּא קָנָה קַרְקַע; דִּבְרֵי רַבִּי מֵאִיר. תְּיוּבְתָּא.
Rabba raises an objection to the opinion of Shmuel from a baraita: One who buys one tree in the field of another brings first fruits but does not recite the passage, as he did not acquire any land; this is the statement of Rabbi Meir. This is a conclusive refutation of Shmuel’s opinion, as he said that according to Rabbi Meir even one who simply purchases fruit is obligated to bring first fruits to the Temple.
אָמַר לוֹ רַבִּי שִׁמְעוֹן בֶּן אֶלְיָקִים לְרַבִּי אֶלְעָזָר:
Apropos the discussion of the obligation to bring first fruits of one who buys a tree in the field of another, Rabbi Shimon ben Elyakim said to Rabbi Elazar:
מַאי טַעְמָא דְּרַבִּי מֵאִיר בְּאִילָן אֶחָד, וּמַאי טַעְמָא דְּרַבָּנַן בִּשְׁנֵי אִילָנוֹת? אָמַר לוֹ: דָּבָר שֶׁהָרִאשׁוֹנִים לֹא אָמְרוּ בּוֹ טַעַם, תִּשְׁאָלֵנִי בְּבֵית הַמִּדְרָשׁ כְּדֵי לְבַיְּישֵׁנִי?
What is the rationale of Rabbi Meir that in the case of one tree, an individual is obligated to bring first fruits but does not recite the passage, and what is the rationale of the Rabbis that in the case of two trees, an individual is obligated to bring the first fruits but does not recite the passage? If one owns the ground and is obligated to bring the first fruits to the Temple, he should also recite the passage of thanks. If he does not own the ground and therefore is not obligated to recite the passage, why does he bring the first fruits to the Temple? Rabbi Elazar said to Rabbi Shimon ben Elyakim: Do you ask me publicly, in the study hall, about a matter for which the early Sages did not give a reason, in order to embarrass me? In other words, I do not know the reason, as not even the early Sages explained this matter.
אָמַר רַבָּה: מַאי קוּשְׁיָא? דִּלְמָא רַבִּי מֵאִיר בְּאִילָן אֶחָד סַפּוֹקֵי מְסַפְּקָא לֵיהּ, וְרַבָּנַן בִּשְׁנֵי אִילָנוֹת סַפּוֹקֵי מְסַפְּקָא לְהוּ!
Rabba said: What is the difficulty? Perhaps Rabbi Meir is uncertain, in the case of an individual who purchases one tree, whether or not the buyer owns the ground, and the Rabbis are uncertain, in the case of an individual who purchases two trees, whether or not the buyer owns the ground. Due to this uncertainty, the owner of the tree must bring the first fruits to the Temple, as he might be obligated in this mitzva. He does not recite the passage of thanks because it is not definitely established that he is obligated to bring the fruits.
וּמִי מְסַפְּקָא לֵיהּ? וְהָא קָתָנֵי: לְפִי שֶׁלֹּא קָנָה קַרְקַע, דִּבְרֵי רַבִּי מֵאִיר! אֵימָא: שֶׁמָּא לֹא קָנָה קַרְקַע.
The Gemara asks: And is Rabbi Meir really uncertain whether the buyer owns the ground? But it teaches: Since he did not acquire any land; this is the statement of Rabbi Meir. Rabbi Meir states definitively that the owner of the tree does not own the ground. The Gemara answers: Say that the baraita should be emended as follows: Perhaps he did not acquire any land.
וְלֵיחוּשׁ דְּדִלְמָא לָאו בִּיכּוּרִים נִינְהוּ, וְקָא מְעַיֵּיל חוּלִּין לָעֲזָרָה! דְּמַקְדֵּישׁ לְהוּ. וְהָא בָּעֵי מֵיכְלִינְהוּ! דְּפָרֵיק לְהוּ. וְדִלְמָא לָאו בִּכּוּרִים נִינְהוּ, וְקָא מַפְקַע לְהוּ מִתְּרוּמָה וּמַעֲשֵׂר! דְּמַפְרֵישׁ לְהוּ.
The Gemara asks: But let us be concerned that perhaps these fruits are not first fruits, and he is bringing non-sacred fruit to the Temple courtyard, which is prohibited. The Gemara answers: The case is where he consecrates them. The Gemara asks: But the priest is required to eat first fruits, and he cannot do so if they are consecrated. The Gemara answers: The case is where the priest redeems them. The Gemara asks: But perhaps they are not first fruits, and thereby he removes them from the obligation of teruma and tithes, as one does not separate teruma and tithes from first fruits. The Gemara answers: The case is where he separates teruma and tithes from the fruits, due to the uncertainty over their status.
בִּשְׁלָמָא תְּרוּמָה גְּדוֹלָה – יָהֵיב לַהּ לְכֹהֵן, מַעֲשֵׂר שֵׁנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן, מַעְשַׂר עָנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן עָנִי, אֶלָּא מַעֲשֵׂר רִאשׁוֹן – דְּלֵוִי הוּא! לְמַאן יָהֵיב לֵיהּ?
The Gemara asks: Granted, the teruma gedola that he separates from these fruits he gives to a priest, and the priest may partake of it, as it has the halakhic status of either first fruits or teruma gedola, both of which are eaten by a priest. It is understood with regard to the second tithe as well; he gives it to a priest, who eats it in Jerusalem, either as first fruits or as second tithe. If it is the third or the sixth year of the Sabbatical cycle, when instead of second tithe one is obligated to give the poor man’s tithe, here too, he gives it to a poor priest, who eats it as either first fruits or poor man’s tithe. But with regard to first tithe, which is given to a Levite, to whom can he give it? A Levite may not eat first fruits.
דְּיָהֵיב לֵיהּ לְכֹהֵן, כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה – דְּתַנְיָא: תְּרוּמָה גְּדוֹלָה לְכֹהֵן, מַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר: מַעֲשֵׂר רִאשׁוֹן אַף לְכֹהֵן. וְדִלְמָא בִּכּוּרִים נִינְהוּ, וּבָעוּ קְרִיָּיהּ! קְרִיָּיהּ לֹא מְעַכֶּבֶת.
The Gemara answers: The case is where he gives it to a priest, in accordance with the opinion of Rabbi Elazar ben Azarya. As it is taught in a baraita: Teruma gedola is given only to a priest, and first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says: First tithe may also be given to a priest. The Gemara asks: But perhaps they are in fact first fruits and require recitation of the passage of thanks, and yet the owner does not recite it due to the uncertainty. The Gemara answers: The recitation is not indispensable, i.e., one can perform the mitzva of bringing first fruits without the recitation.
וְלָא?! וְהָאָמַר רַבִּי זֵירָא: כׇּל הָרָאוּי לְבִילָּה, אֵין בִּילָּה מְעַכֶּבֶת בּוֹ; וְשֶׁאֵינוֹ רָאוּי לְבִילָּה, בִּילָּה מְעַכֶּבֶת בּוֹ!
The Gemara asks: And is the recitation not indispensable? But doesn’t Rabbi Zeira say in the context of offerings: For any measure of flour that is suitable for mixing with oil in a meal-offering, the lack of mixing does not invalidate the meal-offering. Even though there is a mitzva to mix the oil and the flour ab initio, the meal-offering is fit for sacrifice even if the oil and the flour are not mixed. And for any measure of flour that is not suitable for mixing with oil in a meal-offering, the lack of mixing invalidates the meal-offering. The principle is: Ab initio requirements prevent the fulfillment of a mitzva in situations where they are not merely absent but impossible. Accordingly, first fruits that are unfit for recitation should not be brought to the Temple.
דְּעָבֵיד לְהוּ כְּרַבִּי יוֹסֵי בַּר חֲנִינָא, דְּאָמַר: בְּצָרָן וְשִׁגְּרָן בְּיַד שָׁלִיחַ, וּמֵת שָׁלִיחַ בַּדֶּרֶךְ – מֵבִיא וְאֵינוֹ קוֹרֵא. מַאי טַעְמָא? דִּכְתִיב: ״וְלָקַחְתָּ וְהֵבֵאתָ״ –
The Gemara answers: The case is where he renders them exempt from the obligation of recitation, in accordance with the opinion of Rabbi Yosei bar Ḥanina, who says: If one harvested the fruits and sent them in the possession of an agent, and the agent died on the way, the owner or any other person brings the first fruits but does not recite the passage of thanks. What is the reason? As it is written: And you shall take, and you shall bring. The Gemara is citing from the following verse with a slight variation: “And you shall take of the first of all the fruit of the ground, which you shall bring in from your land that the Lord your God gives you” (Deuteronomy 26:2).
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Zevahim 39: Blood on the Inner Altar
Zevahim 38: When Beit Hillel Turns Stringent and Beit Shammai Lenient
Zevahim 37: Different Interpretations: Meaning and Reading
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Zevahim 36: Invalid Offerings
Zevahim 35: A Fetus, Eggs, and the Separation of Animals
Zevahim 34: Pouring and Disposing of the Dregs
Zevahim 33: The Heavy Laying on of Hands
Zevahim 31: It’s a Measure of Time: Half a Loaf of Bread
Zevahim 32: The Surprising Leniencies and Leeway of Sacrifices
May a Woman Schecht Sacred Animals? – Gefet
Zevahim 30: An Olive’s Measure of Intent
Zevahim 29: More Ways to Offer Offerings Right
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When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.
Pennsylvania, United States
In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.
Atlanta, Georgia, United States
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Warwick, Rhode Island, United States
I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!
Jerusalem, Israel
I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!
Bakersfield, United States
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Ottawa, Canada
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!
Berlin, Germany
I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…
Huntington, United States
Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.
Jerusalem, Israel
After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.
Virginia, United States
Berlin, Germany
Phoenix, Arizona, United States
Bava Batra 81
כְּסִיתָא. אִיכָּא דְּאָמְרִי: עֲרוֹנִים, עַרְמוֹנִים, אַלְמוּגִּים. עֲרוֹנִים – עָרֵי, עַרְמוֹנִים – דּוּלְבֵי, אַלְמוּגִּים – כְּסִיתָא.
refers to coral trees [kasita]. There are those who say that the other three are as follows: Aronim, armonim, and almugim. Aronim refers to laurel trees [arei], armonim to plane trees [dulevei], and almugim to coral trees [kasita].
מַתְנִי׳ הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שְׂדֵה חֲבֵירוֹ – הֲרֵי זֶה לֹא קָנָה קַרְקַע. רַבִּי מֵאִיר אוֹמֵר: קָנָה קַרְקַע. הִגְדִּילוּ – לֹא יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע – שֶׁלּוֹ; וּמִן הַשׇּׁרָשִׁים – שֶׁל בַּעַל הַקַּרְקַע. וְאִם מֵתוּ – אֵין לוֹ קַרְקַע.
MISHNA: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the ground under them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field. And that which grows out of the trunk is his, i.e., it belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground. And if the trees died, their owner has no rights to the ground where the trees had stood.
קָנָה שְׁלֹשָׁה – קָנָה קַרְקַע. הִגְדִּילוּ – יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע וּמִן הַשׇּׁרָשִׁין – שֶׁלּוֹ. וְאִם מֵתוּ – יֵשׁ לוֹ קַרְקַע.
If one bought three trees, he has acquired the ground along with them. If they grew, the owner of the field may cut down their branches, as he sold a specific piece of land along with the trees, not his entire field. And that which grows out of the trunk and out of the roots is his, i.e., it belongs to the owner of the trees. And if the trees died, the owner of the trees still has possession of the ground, as it was sold along with the trees.
גְּמָ׳ תְּנַן הָתָם: הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא. רַבִּי מֵאִיר אוֹמֵר: מֵבִיא וְקוֹרֵא.
GEMARA: We learned in a mishna elsewhere (Bikkurim 1:6): With regard to one who buys two trees in the field of another, he brings the first fruits but does not recite the passages of thanks to God that appear in the Torah (Deuteronomy 26:1–11), as the land does not belong to him and therefore he cannot state: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10). Rabbi Meir says: He brings the first fruits and also recites the passage.
אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק. מִמַּאי? מִדְּקָתָנֵי מִשְׁנָה יַתִּירָא – מִכְּדֵי תְּנָא לֵיהּ דְּיֵשׁ לוֹ קַרְקַע, פְּשִׁיטָא דְּמֵבִיא וְקוֹרֵא.
Rav Yehuda says that Shmuel says: Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits, not only one who grew the fruits on his own tree. From where did he derive this halakha? From the fact that the tanna teaches an apparently superfluous mishna. Since Rabbi Meir already taught in the mishna here that the owner of two trees has possession of the ground, isn’t it obvious that he brings first fruits and recites the passage? What is added by his statement in the mishna in Bikkurim?
אֶלָּא שְׁמַע מִינַּהּ, מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק.
Rather, learn from the mishna in Bikkurim that Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits to the Temple. Rabbi Meir is saying that even if the halakha is in accordance with the opinion of the Rabbis that one who buys two trees does not own the ground between them, he still must bring the first fruits and recite the passage of thanks.
וְהָא כְּתִיב: ״אֲשֶׁר תָּבִיא מֵאַרְצְךָ״! הָהוּא לְמַעוֹטֵי חוּצָה לָאָרֶץ.
The Gemara asks: But isn’t it written: “Which you shall bring in from your land” (Deuteronomy 26:2)? This verse indicates that the fruit must be the produce of your land, not land that belongs to another. The Gemara answers: That verse serves to exclude land that is outside of Eretz Yisrael, which is not the land of the Jewish people. It does not exclude land that does not belong to that specific individual.
וְהָא כְּתִיב: אַדְמָתְךָ! לְמַעוֹטֵי אַדְמַת גּוֹי. וְהָכְתִיב: ״אֲשֶׁר נָתַתָּה לִי״! דִּיהַבְתְּ לִי זוּזֵי וּזְבַנִי בְּהוּ.
The Gemara asks: But isn’t it written: “The choicest first fruits of your land you shall bring” (Exodus 23:19)? The Gemara answers: This serves to exclude fruit bought by a Jew that was grown on the land of a gentile in Eretz Yisrael. The Gemara asks: But isn’t it written: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10)? If he purchased the fruit, then the land on which it grew was not given to him by God. The Gemara answers that the phrase “which You have given me” can mean that You have given me money, and with that money I bought this fruit.
מֵתִיב רַבָּה: הַקּוֹנֶה אִילָן אֶחָד בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא, לְפִי שֶׁלֹּא קָנָה קַרְקַע; דִּבְרֵי רַבִּי מֵאִיר. תְּיוּבְתָּא.
Rabba raises an objection to the opinion of Shmuel from a baraita: One who buys one tree in the field of another brings first fruits but does not recite the passage, as he did not acquire any land; this is the statement of Rabbi Meir. This is a conclusive refutation of Shmuel’s opinion, as he said that according to Rabbi Meir even one who simply purchases fruit is obligated to bring first fruits to the Temple.
אָמַר לוֹ רַבִּי שִׁמְעוֹן בֶּן אֶלְיָקִים לְרַבִּי אֶלְעָזָר:
Apropos the discussion of the obligation to bring first fruits of one who buys a tree in the field of another, Rabbi Shimon ben Elyakim said to Rabbi Elazar:
מַאי טַעְמָא דְּרַבִּי מֵאִיר בְּאִילָן אֶחָד, וּמַאי טַעְמָא דְּרַבָּנַן בִּשְׁנֵי אִילָנוֹת? אָמַר לוֹ: דָּבָר שֶׁהָרִאשׁוֹנִים לֹא אָמְרוּ בּוֹ טַעַם, תִּשְׁאָלֵנִי בְּבֵית הַמִּדְרָשׁ כְּדֵי לְבַיְּישֵׁנִי?
What is the rationale of Rabbi Meir that in the case of one tree, an individual is obligated to bring first fruits but does not recite the passage, and what is the rationale of the Rabbis that in the case of two trees, an individual is obligated to bring the first fruits but does not recite the passage? If one owns the ground and is obligated to bring the first fruits to the Temple, he should also recite the passage of thanks. If he does not own the ground and therefore is not obligated to recite the passage, why does he bring the first fruits to the Temple? Rabbi Elazar said to Rabbi Shimon ben Elyakim: Do you ask me publicly, in the study hall, about a matter for which the early Sages did not give a reason, in order to embarrass me? In other words, I do not know the reason, as not even the early Sages explained this matter.
אָמַר רַבָּה: מַאי קוּשְׁיָא? דִּלְמָא רַבִּי מֵאִיר בְּאִילָן אֶחָד סַפּוֹקֵי מְסַפְּקָא לֵיהּ, וְרַבָּנַן בִּשְׁנֵי אִילָנוֹת סַפּוֹקֵי מְסַפְּקָא לְהוּ!
Rabba said: What is the difficulty? Perhaps Rabbi Meir is uncertain, in the case of an individual who purchases one tree, whether or not the buyer owns the ground, and the Rabbis are uncertain, in the case of an individual who purchases two trees, whether or not the buyer owns the ground. Due to this uncertainty, the owner of the tree must bring the first fruits to the Temple, as he might be obligated in this mitzva. He does not recite the passage of thanks because it is not definitely established that he is obligated to bring the fruits.
וּמִי מְסַפְּקָא לֵיהּ? וְהָא קָתָנֵי: לְפִי שֶׁלֹּא קָנָה קַרְקַע, דִּבְרֵי רַבִּי מֵאִיר! אֵימָא: שֶׁמָּא לֹא קָנָה קַרְקַע.
The Gemara asks: And is Rabbi Meir really uncertain whether the buyer owns the ground? But it teaches: Since he did not acquire any land; this is the statement of Rabbi Meir. Rabbi Meir states definitively that the owner of the tree does not own the ground. The Gemara answers: Say that the baraita should be emended as follows: Perhaps he did not acquire any land.
וְלֵיחוּשׁ דְּדִלְמָא לָאו בִּיכּוּרִים נִינְהוּ, וְקָא מְעַיֵּיל חוּלִּין לָעֲזָרָה! דְּמַקְדֵּישׁ לְהוּ. וְהָא בָּעֵי מֵיכְלִינְהוּ! דְּפָרֵיק לְהוּ. וְדִלְמָא לָאו בִּכּוּרִים נִינְהוּ, וְקָא מַפְקַע לְהוּ מִתְּרוּמָה וּמַעֲשֵׂר! דְּמַפְרֵישׁ לְהוּ.
The Gemara asks: But let us be concerned that perhaps these fruits are not first fruits, and he is bringing non-sacred fruit to the Temple courtyard, which is prohibited. The Gemara answers: The case is where he consecrates them. The Gemara asks: But the priest is required to eat first fruits, and he cannot do so if they are consecrated. The Gemara answers: The case is where the priest redeems them. The Gemara asks: But perhaps they are not first fruits, and thereby he removes them from the obligation of teruma and tithes, as one does not separate teruma and tithes from first fruits. The Gemara answers: The case is where he separates teruma and tithes from the fruits, due to the uncertainty over their status.
בִּשְׁלָמָא תְּרוּמָה גְּדוֹלָה – יָהֵיב לַהּ לְכֹהֵן, מַעֲשֵׂר שֵׁנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן, מַעְשַׂר עָנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן עָנִי, אֶלָּא מַעֲשֵׂר רִאשׁוֹן – דְּלֵוִי הוּא! לְמַאן יָהֵיב לֵיהּ?
The Gemara asks: Granted, the teruma gedola that he separates from these fruits he gives to a priest, and the priest may partake of it, as it has the halakhic status of either first fruits or teruma gedola, both of which are eaten by a priest. It is understood with regard to the second tithe as well; he gives it to a priest, who eats it in Jerusalem, either as first fruits or as second tithe. If it is the third or the sixth year of the Sabbatical cycle, when instead of second tithe one is obligated to give the poor man’s tithe, here too, he gives it to a poor priest, who eats it as either first fruits or poor man’s tithe. But with regard to first tithe, which is given to a Levite, to whom can he give it? A Levite may not eat first fruits.
דְּיָהֵיב לֵיהּ לְכֹהֵן, כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה – דְּתַנְיָא: תְּרוּמָה גְּדוֹלָה לְכֹהֵן, מַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר: מַעֲשֵׂר רִאשׁוֹן אַף לְכֹהֵן. וְדִלְמָא בִּכּוּרִים נִינְהוּ, וּבָעוּ קְרִיָּיהּ! קְרִיָּיהּ לֹא מְעַכֶּבֶת.
The Gemara answers: The case is where he gives it to a priest, in accordance with the opinion of Rabbi Elazar ben Azarya. As it is taught in a baraita: Teruma gedola is given only to a priest, and first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says: First tithe may also be given to a priest. The Gemara asks: But perhaps they are in fact first fruits and require recitation of the passage of thanks, and yet the owner does not recite it due to the uncertainty. The Gemara answers: The recitation is not indispensable, i.e., one can perform the mitzva of bringing first fruits without the recitation.
וְלָא?! וְהָאָמַר רַבִּי זֵירָא: כׇּל הָרָאוּי לְבִילָּה, אֵין בִּילָּה מְעַכֶּבֶת בּוֹ; וְשֶׁאֵינוֹ רָאוּי לְבִילָּה, בִּילָּה מְעַכֶּבֶת בּוֹ!
The Gemara asks: And is the recitation not indispensable? But doesn’t Rabbi Zeira say in the context of offerings: For any measure of flour that is suitable for mixing with oil in a meal-offering, the lack of mixing does not invalidate the meal-offering. Even though there is a mitzva to mix the oil and the flour ab initio, the meal-offering is fit for sacrifice even if the oil and the flour are not mixed. And for any measure of flour that is not suitable for mixing with oil in a meal-offering, the lack of mixing invalidates the meal-offering. The principle is: Ab initio requirements prevent the fulfillment of a mitzva in situations where they are not merely absent but impossible. Accordingly, first fruits that are unfit for recitation should not be brought to the Temple.
דְּעָבֵיד לְהוּ כְּרַבִּי יוֹסֵי בַּר חֲנִינָא, דְּאָמַר: בְּצָרָן וְשִׁגְּרָן בְּיַד שָׁלִיחַ, וּמֵת שָׁלִיחַ בַּדֶּרֶךְ – מֵבִיא וְאֵינוֹ קוֹרֵא. מַאי טַעְמָא? דִּכְתִיב: ״וְלָקַחְתָּ וְהֵבֵאתָ״ –
The Gemara answers: The case is where he renders them exempt from the obligation of recitation, in accordance with the opinion of Rabbi Yosei bar Ḥanina, who says: If one harvested the fruits and sent them in the possession of an agent, and the agent died on the way, the owner or any other person brings the first fruits but does not recite the passage of thanks. What is the reason? As it is written: And you shall take, and you shall bring. The Gemara is citing from the following verse with a slight variation: “And you shall take of the first of all the fruit of the ground, which you shall bring in from your land that the Lord your God gives you” (Deuteronomy 26:2).
