Shiur Sukkah 40b 07/19/2022


Suka 40b

Tammuz 20, 5782. July 19th, 2022

1- The Shiur was about the general practice of פדיון and חילול. 

Pesachim Comes to a Close | Torah In Motion

We spoke about this interesting process and why it works with some items and others not. 

For example – fruits of מעשר שני can be ‘transferred’ to cash. תרומה and מעשר cannot.

Cash Exchange at Street Fruit Stand Stock Image - Image of accept, business: 31458923

The קדושה of an animal designated for a קרבן cannot be transferred, but if has a blemish and was donated to בדק הבית it can be sold and the proceeds become הקדש. 

בדק הבית |

2- We mentioned the interesting Halacha on the process of redeeming הקדש. Say someone living in South Dakota, donates a bracelet to הקדש. It can be to his Shul or בזמן הבית towards בדק הבית. 

Donations Stock Illustrations – 4,580 Donations Stock Illustrations, Vectors & Clipart - Dreamstime

The   גבאים of the Shul or הקדש opt to sell the bracelet and use the cash for whatever is needed in the Shul or בית המקדש. The process is that it needs first to be appraised properly, a value established and then sold. העמדה והערכה.

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What if the donor insists that his gift not be sold now but rather during the gift giving holiday season where a better price can be obtained? Or if הקדש wants to send this bracelet to LA where a higher price can be fetched for it? In both scenarios הקדש will gain. 

The Mishna in ערכין says (6, 5 ) that אֵין לַהֶקְדֵּשׁ אֶלָּא מְקוֹמוֹ וְשַׁעְתּוֹ. Meaning that the appraisal and sale of such items must to be done on location and time of the appraisal. The reason is that any delay may cause it never to be done. 

היו בנכסים בהמה ועבדים ומרגליות ואמרו התגרים אם ילקח לעבד זה כסות בשלשים משבח הוא מאה. ופרה זאת אם ימתינו בה לאטלס משבחת עשרה. ומרגלית זו אם מעלין אותה למקום פלוני תשוה ממון רב וכאן אינה שוה אלא מעט. אין שומעין להן. אלא כיצד עושין מוכרין הכל במקומו ובשעתו כמה שהוא שנאמר ונתן את הערכך ביום ההוא קדש לה’ לרבות כל דבר של הקדש שאין מפרכסין אותו ואין ממתינין בו לשוק ולא מוליכין אותו ממקום למקום אין להקדש אלא מקומו ושעתו:

Rambam Erchin 3, 19. 


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3 – In regards to שביעית פירות we know that it can be transferred to money or another food item.

The two process that work on הקדש are:

A-  Simple חילול/ transfer.  ‘May the קדושה of this object (that is )קודש, be transferred to this object’. The קודש object becomes חולין and the חולין object now becomes קודש. 

7,769 Barter Images, Stock Photos & Vectors | Shutterstock

B- A sale of the an object that is קודש. The buyer pays the הקדש. The money becomes הקדש and the object becomes חולין. 

The dispute in our גמרא between Reb Elazar and Reb Yochanan is what process works with פירות שביעית for this transfer to take effect. Only thru a sale or also with a simple in-house חילול. 

4- Our Gemara has sharp words for one that does business with פירות שביעית. Rashi writes that in ערכין,      

(30, b) the full version appears. See below. 

5- We mentioned the vort quoted by Reb Elchanan, explaining the comparison of שביעית  to הקדש, that he heard from יהושע זעליג  from Klimovitch

(More about Klimovitch here and here.

קובץ שיעורים ח”ב, כ. 


צבי הירש ליפשיץ
בנו זעליג ליפשיץ. תלמיד ר”ח


From Sefaria :

As Rabbi Yosei, son of Rabbi Ḥanina, says in explanation of the juxtaposition of several passages in the Torah (Leviticus, chapter 25): Come and see how severe is even the hint of violation of the prohibition of the Sabbatical Year, as the prohibition against engaging in commerce with produce of the Sabbatical Year is not one of the primary prohibitions of the Sabbatical Year, and yet its punishment is harsh.

Rabbi Yosei, son of Rabbi Ḥanina, continues: If a person has commercial dealings with produce of the Sabbatical Year or of the Jubilee Year, ultimately he will become so poor that he will be compelled to sell his movable property, as it is stated: “In this Jubilee Year you shall return every man to his possession” (Leviticus 25:13), and it is written in the subsequent verse: “And if you sell something to your neighbor or buy from your neighbor’s hand,” which is referring to an item acquired by passing it from hand to hand. The juxtaposition of the two verses indicates that if one violates the halakhot of the Jubilee Year or the Sabbatical Year, he will eventually have to sell his movable property.

If he does not feel remorse and he does not repent, ultimately he will be compelled to sell his fields, as it is stated in an adjacent verse: “If your brother becomes poor and sells part of his ancestral land” (Leviticus 25:25).

If consciousness of his sins does not come to him, ultimately he will be compelled to sell his house, as it is stated: “And if a man sells a dwelling house in a walled city” (Leviticus 25:29). The Gemara asks: What is different there, in the previous clause, where the tanna says that the sinner does not sense remorse, and what is different here, where he says that consciousness of his sins does not come to him? The Gemara responds: This is in accordance with the statement of Rav Huna, as Rav Huna says: Once a person commits a transgression and repeats it, it is permitted to him.

The Gemara asks: Can it enter your mind to say that it is actually permitted to him because he has transgressed twice? Rather, say that it becomes as though it were permitted to him, that is, after transgressing the prohibition twice he becomes accustomed to this behavior and no longer feels that it is a sin. If one transgresses the prohibition only once, he is apt to feel remorse. Once he repeats his transgression, he loses this sensibility concerning his sins and will no longer feel any remorse.

 Rabbi Yosei, son of Rabbi Ḥanina, continues: If consciousness of his sins does not come to him, ultimately he will be compelled to borrow with interest, as it is stated: “And if your brother becomes poor and his means fail with you, then you shall uphold him” (Leviticus 25:35), and it is written in the subsequent verse: “You shall take no interest or increase from him.”

One does not come to borrow with interest until he has already been compelled to sell his daughter, as it is stated: “And when a man sells his daughter as a maidservant” (Exodus 21:7). The Gemara explains: And even though his daughter is not mentioned in that context in Leviticus, nevertheless, a person prefers to sell his daughter and not to borrow money with interest. This is because there, when one sells his daughter, the sum required in order to redeem her continuously decreases, while here, where one borrows with interest, his debt continuously increases. One may therefore assume that if one borrows with interest, he has already sold his daughter.

If consciousness of his sins does not come to him, ultimately he will be compelled to sell himself, as it is stated: “And when your brother becomes poor with you and sells himself to you” (Leviticus 25:39). Not only will he be sold to you, a born Jew; rather, he will even be sold to a stranger, as it is stated: “And sells himself to the stranger” (Leviticus 25:47). And not only to a stranger who is a convert, but even to a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [ger toshav], as it is stated: “And sells himself to a ger toshav with you” (Leviticus 25:47).

 When the verse further states: “Or to the offshoot of a stranger’s family,” this is referring to the gentile relatives of a ger toshav, who are idolaters. When it says: “Or to the offshoot [le’eker] of a stranger’s family,” this is referring to one who is sold and becomes a servant to idol worship itself, i.e., he is put to work in a temple dedicated to idolatry. In any event, the baraita teaches that it is only due to an individual’s sins that he reaches such a low point that he must sell himself as a slave. If so, the verses dealing with a Hebrew slave should be interpreted in a stringent manner, so that the slave cannot easily be redeemed.

ציון במשפט תפדה ושביה בצדקה 


Shiur 40a 07/12/2022


Suka 40a 

Tamuz 13, 5782. July 12th, 2022

Purchasing ד’ מינים  in the שמיטה year.

1- Our Gemara, after explaining of why buying the ד’ מינים needs to be transacted in a particular way, discusses if the שביעית issue pertains only to the  Esrog (a fruit/vegetable) or the Lulav (basically wood) as well. 

2- The general question is if wood harvested during שמיטה has קדושת שביעית .

It would seem from the חומש’s wording that the produce of שביעית are הפקר for all לאכלה, to eat, that the intention is to exclude items from the field that are not edible, such as firewood. 

Image of Old Coconut Leaf Stems Are Dried For Firewood-EM727622-Picxy

But the פסוק adds לכם לאכלה. The לכם is adding more than just edible foods into the category of פירות שביעית.  

So our Gemara suggests that if using wood in a manner that is similar to food usage/consumption, then שביעית would apply to it as well. 

Can You Burn Bamboo? Is Bamboo Good Firewood?

What does similar mean? When eating food, the consumption and enjoyment occur simultaneously. The food is swallowed (ביעור) and enjoyed at the time. 

Premium Photo | Cooking in the forestjungle barbecue with open fire in the middle of a asian bamboo forrest

When using wood for warmth, the wood too is burned and the heat produced and enjoyed simultaneously. 

So designating wood for heating would label the wood with קדושת שביעית since it is similar to edible food.  

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However, as per Rashi, using firewood to bake, for example, the wood is first consumed (turned into coal) and only then does the baking (enjoyment/usage) occur. 

Bread Baking Open Firewood Oven Stock Photo 102854579 | Shutterstock

We mentioned that רבינו חננאל does not differentiate between cooking and baking. The Ritva adds that simply speaking, whether baking or cooking, the enjoyment of eating occurs after the wood is all gone!  

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4- From the above it would seem that the לולב, just like firewood for baking, does not have קדושת שביעית. 

Broom palm High Resolution Stock Photography and Images - Alamy

But here is the clincher – a לולב is generally not used for firewood. The leaves of the palm tree are primarily used as brooms. So when does the consumption of a לולב (when used as a broom) occur? Simultaneously with the use and enjoyment – just like food and therefore a לולב does have קדושת שביעית. 

Natural palm leaf broom | Broom, Handmade broom, Brooms

5- The Gemara discusses a certain type of timber that is used as candles. The combustion and enjoyment happen at the same time with these wood-candles.  

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6 –  We read the uncommon words of Rashi about a version of the Gemara. Despite the fact that all his teachers used this particular נוסח, including Rabeinu Gershom מאור הגולה, ‘I have been attempting to understand this version since my youth without success’!!

We spoke about tobacco that has קדושת שביעית. See here:

Flowers see here:

7- We related the fascinating story and amazing turn of events of Reb Chaim Meir Bukiet and his parents הי”ד. 

Rabbi Chaim Meir Bukiet

ומסיימים בטוב

We also briefly mentioned Rabbi Bukiet’s son in law

Rabbi Yerachmiel (Shtul) Stillman

Shiur Sukkah 39b-40a 07/05/2022


Sukkah 39b – 40a

Tamuz 6, 5782. July 5th, 2022

Some brief notes. 

1- We reviewed the issue of purchasing the ד’ מינים in the year of שמיטה and afterwards. Who to purchase from and how to designate the payment. 

איש האתרוגים: "אני עוסק בזה כל חיי, אני חולם על הפרי בלילה" | חדשות מעריב


tienda de frutos secos, Mahane Yehuda, Jerusalén, Israel | Jerusalem israel, Israel, Israel palestine

2- Continuing on the topic of doing business with פירות שביעית, we read the text of the Yerushalmi that if one prepares for a wedding and has שמיטה produce left over he may sell them as that is not considered ‘ordinary business’. 

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3- The designation of produce that begins to grow in one year but are picked in the next year. Fruits are identified and labeled by they year they blossom. Vegetable are identified by the year they are picked

19 Best Apple Tree Varieties (with a Guide to Flowering Groups) | Gardener's Path

The identity of an Esrog. Is it a fruit or vegetable? It grows on a tree, however, being a citrus tree it needs to be watered manually. (just like vegetables).   

Water Sprinkler Irrigation Under Lemon Tree Stock Photo, Picture And Royalty Free Image. Image 77848810.

Mendel Nemanov sent this interesting link regarding whether a tomato is a fruit or vegetable:

4- We discussed the various levels of שמיטה observance. 

Starting at the top:

  1. Eating only imported fruits or vegetable.
  2. Buying from non-Jewish farmers.
  3. Otzar Beis Din
  4. Utilizing the היתר מכירה.


  1. כשרות - פאשה

We discussed Reb Shlomo Zalman Ohrbach’s interesting query based on our Gemara. מנחת שלמה א, מד

Say someone keeps level 2, and buys produce only from Arabs, or level 3. Can he buy in the market from a stall that sells פירות שביעית at level 4? 

Afghans struggle to supplant poppies with fruit crops | Arab News

What is the issue? The buyer will treat them with קדושת שביעית. Is giving the money to someone that is at level 4 a problem? Is he, the seller, considered (to a level 2 guy) an עם הארץ that one is not permitted to give שביעית money? 

There’s more…

5- Our Gemara, to prove that the word מן can also mean food, quotes the פסוק from Daniel:

וַיְמַן לָהֶם הַמֶּלֶךְ דְּבַר יוֹם בְּיוֹמוֹ מִפַּת בַּג הַמֶּלֶךְ וּמִיֵּין מִשְׁתָּיו וּלְגַדְּלָם שָׁנִים שָׁלוֹשׁ וּמִקְצָתָם יַעַמְדוּ לִפְנֵי הַמֶּלֶךְ.

The king allotted daily rations to them from the king’s food and from the wine he drank. They were to be educated for three years, and some of them at the end of which they were to enter the king’s service.

Daniel, Chananiah Mishael and Azaria in the court of the king

We discussed the story behind this פסוק and mentioned that perhaps this is the first time that non-Jews recognized the talents of Jews and elevated them to high positions in government.
Mentioned the often tragic result of this ר״ל. 

6- Mentioned that the Tur OC 428 uses this as a סימן as to when נצבים and וילך are separated into two פרשיות. So too writes the מחזור ויטרי!  See this shiur where we spoke about it.

    •  בג When Rosh Hashanah occurs on Monday or Tuesday
    • המלך Rosh Hashanah
    • פת פרשת וילך ומצבים is crumbled. Meaning split up. 

7- In connection to #3 above, that an Esrog being a citrus fruit that needs watering, we discussed the interesting fact that it was only about 150 years ago that the question of citrus fruits arose in ארץ  ישראל in regards to Shmita and Maaser. 

Picking Jaffa Oranges over 100 years ago in Israel

That could mean that until then only non Jews had farms or that oranges and lemons did not grow then in ארץ ישראל.

Comments please.