תלמוד על פסחים 4:1

Rebbi Yose said, the word of Rebbi Abinna supports me, since Rebbi Abinna said, explain it⁹³Mishnah Pesaḥim 4:1 states: “In a place where one is used to work in the morning of the 14th [of Nisan], one may work; in a place where one is not used to work in the morning of the 14th [of Nisan], one may not work.” If work on the 14th is forbidden, it is obvious that the 13th is the last day for weeding and the baraita quoted in the preceding paragraph does not prove anything about the ‘omer. Since it is stated that one may replant on the 14th, it follows that only the presentation of the ‘omer is relevant. following this baraita: “In a place where one does not usually work on the 14th, but not in a place where one is used to work on the 14th.” If it is cut; maybe also when it is standing⁹⁴An objection by R. Jonah. Maybe agricultural work, while permitted on the morning of the 14th, is restricted.? It was found stated⁹⁵Tosephta Pesaḥim 3:18: “In a place where one is used to work on standing grain on the 14th until noon, one may do so.”: “In a place where people are used to work on cut produce, one may work even on standing grain.”

HALAKHAH: There¹⁵⁸Mishnah Pesaḥim 4:8 (Yerushalmi 4:9), Tosephta Pesaḥim3:19. Taking the fruits from dedicated sycamores is one of the three things the people of Jericho did and against which the Sages protested. In the Babli, the discussion is Pesaḥim 56 a/b. The entire Halakhah also appears in Pesaḥim 4:9. we have stated: “They permitted the use of sycamore figs¹⁵⁹גֻּמיז in Arabic. The Gaonic interpretation is “growth that comes out of the tree trunk.” (Pliny, Naturalis Historia, Book XIII, §56, already notes that the fruits of the “Egyptian fig” sit on the stem, not on branches.) The fruits are of such inferior quality that they do not qualify as objects of trade. (Cf. Tosefta Kifšutah I, p. 361.) from Temple trees. The¹⁶⁰Tosephta Pesaḥim 3:22. Sages told them: Do you not agree with us that fruits from Temple property are forbidden? They said to them, when our forefathers dedicated them, they dedicated only the tree stems because of strong men who came and took them by force¹⁶¹Sycamores produce inferior fruits but superior building material. The “strong men” are probably the Hasmonean rulers. The people protected their sycamore groves by putting them out of bounds of any human government..” Do the rabbis mean to say that they dedicated tree stems and their fruits? Even if you say that they dedicated only the stems but not the fruits, the rabbis wonder whether if somebody dedicates an orchard, he may reserve the growth for himself¹⁶²In Mishnah Meïlah 3:6, the anonymous Tanna declares that taking the fruits of a Temple tree does not constitute the crime of meïlah (larceny committed on Temple property.) In contrast, R. Yose declares the fruits to be covered by meïlah, therefore he requires in our Mishnah the poor to pay for the expenditures of tending the vines during the growing season. As the Babli (Pesaḥim 56b) points out, the Sages of the Tosephta, while agreeing that no felony is committed taking the sycamore figs, nevertheless must assume that taking them means overstepping a prohibition. However, this prohibition is not written in the Torah. While any condition that goes against a commandment of the Torah is invalid (Halakhah 6:9), a condition that goes against a rabbinic prohibition may be valid. It is unresolved whether the ancestors of the people of Jericho had the right to reserve for themselves the use of the sycamore figs.. Let us hear from the following: “After the gleanings are recognizable, they belong to the poor.” That is different because nobody may dedicate anything that is not his own. Does that not mean that even if the gleanings were not yet recognizable, they should belong to the poor¹⁶³If the people of Jericho could not reserve the fruits, then it is clear that future growth is implicit in today’s tree, and the future gleanings should belong to the poor and not to the Temple.? That is different, because it is a vineyard for the Temple, as it was stated¹⁶⁴Tosephta Peah 3:15.: “If somebody plants a vineyard for the Temple¹⁶⁵I. e., if he dedicates a newly planted vineyard to the Temple. it is exempt from orlah¹⁶⁶The prohibition to use the fruit of a newly planted tree during the first three years refers to the individual Jewish owner; it does not apply to the Temple which is common property., from the fourth year, and from gleanings, but it is subject to the Sabbatical year¹⁶⁷In which everybody is free to take its fruits..”