Daf 136 — Chullin 136 Summary

Chullin 136 – Good Morning Raboisai Rebbe Ilai and Partnerships Reishis HaGez Is Different We continue with Rebbe Ilai. Rava had explained that according to Rebbe Ilai: • A partnership is exempt from Reishis HaGez. • But a partnership remains obligated in other Mitzvos. The Gemara now goes through a number of Mitzvos to show that although the Torah sometimes uses a singular expression such as “your field” or “your house”: • Two Jewish partners are still Chayav. Reishis HaGez is the exception because of its special Limud. Peah A Partnership in a Field Regarding Peah, the Torah says: • Sadecha – your field. We might think this means: • Only a field belonging to one person. • A jointly owned field is Patur. However, another Pasuk uses: • Artzechem – your land, in the plural. This includes: • A field belonging to Jewish partners. Therefore: • A Jewish partnership is Chayav in Peah. Why Say “Sadecha”? If partners are Chayav, why does the Torah use the singular: • Sadecha? It comes to exclude: • Partnership with a non - Jew. Such a partnership is: • Different from a partnership between two Yisraelim. Bechor A Partnership in an Animal The Gemara next discusses: • Bechor. The Torah says: • Bekarcha • Tzonecha in the singular. This might imply: • A jointly owned animal is exempt. But another Pasuk says: • Bekarchem • Tzonchem in the plural. Rava therefore understands: • A Jewish partnership can be obligated in Bechor. Mezuzah A Jointly Owned House The same pattern applies to: • Mezuzah. Although the Torah says: • Beisecha – your house in the singular, a house owned by: • Two Jewish partners still requires: • A Mezuzah. “Beisecha” Teaches the Right Side If “Beisecha” is not excluding a partnership, what does it teach? The Gemara derives: • Derech Bi’ascha – the way you enter. This teaches where: • The Mezuzah is placed. It is placed: • On the right side as one enters. Maaser Produce Owned in Partnership The Gemara next discusses: • Maaser. Even if produce belongs to: • Two Jewish partners the obligation of Maaser: • Still applies. This includes the familiar cycle: • Maaser Rishon • Maaser Sheni in years 1, 2, 4 and 5 • Maaser Ani in years 3 and 6. The singular wording does not exempt: • A Jewish partnership. A Non - Jewish Partner The singular expression instead serves to exclude: • Partnership with a non - Jew in the relevant circumstances. Again, the Gemara's pattern is: • Jewish partnership – Chayav. • Partnership with a non - Jew – can be excluded. Matanos Zero’a, Lechayayim and Keivah Next comes: • Matanos – Zero’a, Lechayayim and Keivah. The Torah says: • V’nasan – “he shall give” in the singular. We might therefore think: • Partnership is exempt. And there is an additional reason to think so. Reishis HaGez also uses: • Titen Lo – you shall give him. Since Rebbe Ilai exempts partnership from: • Reishis HaGez perhaps Matanos should be: • Exempt as well. Why Not Learn Matanos From Reishis HaGez? Rava answers that the expression of: • Nesinah – giving is not unique to Reishis HaGez. The same Pasuk also discusses: • Terumah. Therefore the use of: • Titen Lo does not prove that Matanos must follow: • Reishis HaGez. According to Rava: • Jewish partners remain Chayav in Matanos. “HaZevach” HaDin Im HaTabach If partnership is already Chayav, why does the Torah say: • HaZevach? The Gemara uses this for Rava's rule: • HaDin im HaTabach. The practical responsibility for the Matanos can be directed toward: • The butcher/Shochet handling the animal. The Kohen does not necessarily need to chase: • The actual owner. The butcher who is processing the animal: • Deals with giving the Matanos. Bikkurim Partnership in Land The Gemara continues with: • Bikkurim. Although one Pasuk appears to use singular language: • Another Pasuk includes produce belonging to partners. Therefore: • Jewish partners can be obligated in Bikkurim. What Does the Singular Expression Exclude? Here the exclusion is used for: • Chutz La’Aretz. Bikkurim applies: • In Eretz Yisrael and not to ordinary produce: • From Chutz La’Aretz. Tzitzis A Garment Owned by Partners A garment jointly owned by: • Two Yisraelim is obligated in: • Tzitzis. Although the Torah uses: • Kesuscha – your garment in the singular, another Pasuk refers to: • Bigdeihem – their garments. This includes: • A jointly owned garment. A Borrowed Talis So what does: • Kesuscha teach? It excludes: • A borrowed garment. The Gemara states that a borrowed Talis is exempt from Tzitzis: • For the first thirty days. After thirty days: • The Rabbinic obligation applies. Ma’akeh A Jointly Owned Roof The same principle applies to: • Ma’akeh – the protective fence around a roof. A house jointly owned by: • Two Yisraelim still requires: • A Ma’akeh. The reason is obvious: • The danger of someone falling exists regardless of how many people own the property. Rav Bibi Challenges Rava Is Reishis HaGez Really the Only Exception? Until now, Rava maintained: • Rebbe Ilai exempts partnership only from Reishis HaGez. But the Gemara now brings opinions challenging this. A Beraisa indicates that according to Rebbe Ilai: • Partnership can also be exempt from Bechor. This directly contradicts: • Rava's broad rule. How Does Rebbe Ilai Read the Plural Pasuk? Rava had used: • Bekarchem • Tzonchem to include: • Jewish partnerships. The opposing view explains that this plural expression: • Does not necessarily refer to partnership. It can refer instead to: • The cattle and sheep belonging collectively to Klal Yisrael. Therefore Rebbe Ilai can still hold: • An individual partnership is exempt. Rav Chanina Challenges Rava Matanos May Also Be Exempt Another Beraisa states explicitly that Rebbe Ilai exempts: • A partnership from Matanos. Therefore the exemption is no longer limited to: • Reishis HaGez. We now have additional categories in which Rebbe Ilai can exempt: • Partnership. Learning Matanos From Reishis HaGez Why? Both use the concept of: • Nesinah. Reishis HaGez says: • Titen Lo. Matanos similarly involve: • Giving the Kohen his portion. Rebbe Ilai therefore compares: • Matanos to Reishis HaGez. Just as partnership is exempt from: • Reishis HaGez so too it can be exempt from: • Matanos. What About Terumah? The Same Pasuk Discusses Terumah The Gemara now asks: If we are making this comparison through: • Nesinah why stop with Matanos? The same Pasuk also discusses: • Terumah. Perhaps Rebbe Ilai should also hold: • A partnership is exempt from Terumah. The Gemara accepts: • Indeed, according to this approach, Rebbe Ilai exempts partnership from Terumah as well. So Rebbe Ilai's partnership exemption is: • Broader than Rava originally presented. Learning Reishis HaGez From Terumah Does Reishis HaGez Apply in Chutz La’Aretz? Once Rebbe Ilai compares Reishis HaGez to: • Terumah the Gemara explores how far the comparison goes. Terumah applies primarily: • In Eretz Yisrael. Therefore Rebbe Ilai holds: • Reishis HaGez also does not apply in Chutz La’Aretz. This differs from: • The simple ruling of our Mishnah. Does Reishis HaGez Make the Wool Tevel? A Major Difference From Terumah The Gemara asks: If Reishis HaGez is really like Terumah, perhaps the wool should become: • Tevel until Reishis HaGez is separated. By Terumah: • The produce cannot be eaten until the required separation is made. But Reishis HaGez is different. The Torah says: • Gez Tzonecha Titen Lo. The obligation arises as: • A gift from the shearing. It does not make: • The remaining wool prohibited. Misah and Chomesh Another Difference Terumah has serious Halachos: If a non - Kohen intentionally eats it: • There can be Misah Bidei Shamayim. If he eats it unintentionally: • He pays Keren V’Chomesh. Should the same apply to: • Reishis HaGez? The answer is: • No. Special Pesukim restrict these consequences: • To Terumah itself. They do not extend to: • Reishis HaGez. No Maaser From Reishis HaGez Only One Stage With ordinary produce there are: • Several stages of separation. For example: • Terumah • Maaser Rishon • Terumas Maaser • And Maaser Sheni or Maaser Ani. Perhaps wool should require: • Similar additional separations. The Gemara rejects this. Reishis HaGez is: • One Matanah. Once its required portion is given: • There is no further Maaser process on the remaining wool. Wool From Different Years Can Different Years Combine? Terumah cannot normally be separated: • From one year's produce for another year's produce. The Gemara therefore asks whether: • Reishis HaGez from different years can combine to make the required Shiur. A Beraisa seems to indicate: • Wool from five sheep can combine even when accumulated over several years. Another source indicates: • It does not combine. A Tannaitic Dispute The Gemara resolves this as: • A Machlokes Tannaim. One opinion allows: • The wool to combine across years. The other: • Does not. So although Reishis HaGez is compared to Terumah: • Not every detail is identical. Wool That Grew Under a Non - Jew When Did the Obligation Begin? The Gemara makes another comparison to: • Terumah. Suppose produce began growing while owned by: • A non - Jew and was later acquired by: • A Yisrael. The obligation can depend on: • How much had already grown before the purchase. The Gemara asks whether Reishis HaGez should: • Follow the same rule. Our Mishnah Does Not Follow Rebbe Ilai Our Mishnah taught: If someone purchases: • The shearing of a non - Jew's sheep he is: • Patur. But if he purchases: • The sheep themselves the situation is different. This does not fit neatly with: • Rebbe Ilai's comparison to Terumah. The Gemara concludes: • Our Mishnah does not follow Rebbe Ilai. Different Species Trumah From One Species for Another The Gemara continues: With Terumah: • One species cannot be separated for another species. For example: • One type of produce cannot necessarily serve as Terumah for a different type. So perhaps the same should apply to: • Reishis HaGez. If the flock contains: • Different types of sheep the wool should have to be treated: • Separately. Our Mishnah Seems to Support This Our Mishnah discussed: • White sheep • Darker sheep • Males • Females. It says: • Zeh nosein l’atzmo v’zeh nosein l’atzmo. The different groups are: • Dealt with separately. This appears to support: • The comparison to Terumah. But Males and Females Aren’t Different Species The problem is: • Male and female sheep are not different species. Their wool may differ: • Female wool can be softer and better quality. But that does not make them: • Separate species. The Gemara therefore explains that the Mishnah can be giving: • Practical advice about fair distribution. One should not give the Kohen: • Only from one quality of wool while keeping: • The better quality for himself. Again – Our Mishnah Is Not Rebbe Ilai In any event, the Gemara has already established: • Our Mishnah does not follow Rebbe Ilai. Therefore: • It cannot be used as a conclusive challenge against his comparison of Reishis HaGez to Terumah. Can Everything Be Given as Reishis HaGez? You Cannot Make Everything Terumah The Gemara asks another question. A person cannot say: • “My entire grain pile is Terumah.” Similarly: • He cannot make his entire dough Challah. There must remain: • Chullin. So if Reishis HaGez is compared to Terumah: • Perhaps he cannot designate all his wool as Reishis HaGez. Rebbe Ilai Agrees The Gemara concludes that according to Rebbe Ilai: • One cannot designate all the wool as Reishis HaGez. There must be: • A genuine “Reishis” – a first portion with something: • Remaining afterward. This is another area where: • Reishis HaGez follows Terumah. Three Halachos Following Rebbe Ilai The Accepted Practice The Gemara states that the Minhag is to follow: • Rebbe Ilai regarding Reishis HaGez. Accordingly: • Reishis HaGez is not practiced in Chutz La’Aretz. This explains why: • The Mitzvah is not ordinarily performed outside Eretz Yisrael despite the wording of the Mishnah. Matanos in Chutz La’Aretz The transcript also connects Rebbe Ilai's approach to: • Zero’a, Lechayayim and Keivah. According to this approach: • These Matanos are likewise not practiced in Chutz La’Aretz. This follows the comparison to: • Terumah. Two Other Accepted Halachos A Baal Keri May Learn Torah The Gemara lists another accepted ruling: A Baal Keri: • Does not need to immerse before learning Torah. Although Ezra instituted: • Tevilah for a Baal Keri the accepted Halachah is that: • Torah may be learned without this immersion. The idea mentioned in the transcript is: • Torah itself does not become Tamei. Kilayim – Rebbe Yoshiya A third accepted ruling follows: • Rebbe Yoshiya regarding Kilayim. According to Rebbe Yoshiya, the Torah prohibition of: • Kilayim BaKerem requires planting together: • A grape seed • Wheat • And barley. The full Torah prohibition requires: • All three together. Back to Reishis HaGez Another Source for Chutz La’Aretz The Gemara returns to the question: Why should Reishis HaGez not apply: • In Chutz La’Aretz? The comparison to Terumah provides: • One source. But another approach compares Reishis HaGez to: • Maaser Behemah. This leads into: • A different Halachah learned from Maaser. Reishis HaGez and Maaser Behemah A Treifah Maaser Behemah does not include: • A Treifah. The Gemara therefore derives that: • Reishis HaGez also does not apply to a Treifah. This is based on the comparison: • Tzon – Tzon. Just as certain sheep are excluded from: • Maaser Behemah so too they are excluded from: • Reishis HaGez. Why a Treifah Does Not Enter Maaser The transcript explains that animals pass: • Through an opening to be counted for: • Maaser Behemah. A Treifah is excluded. Even if a particular Treifah is physically capable of: • Walking through the opening the category of Treifah is: • Halachically excluded. Therefore the same exclusion can extend to: • Reishis HaGez. Key Chazarah • Rava originally held that Rebbe Ilai exempts partnership only from Reishis HaGez. • The Gemara reviews Peah, Bechor, Mezuzah, Maaser, Matanos, Bikkurim, Tzitzis and Ma’akeh, showing how Jewish partnerships can remain Chayav despite singular wording in the Torah. • A jointly owned house requires Mezuzah; “Beisecha” teaches Derech Bi’ascha and placement on the right side. • A borrowed Talis is exempt from Tzitzis for the first thirty days. • HaDin im HaTabach means the practical claim for Matanos can be directed toward the butcher handling the animal. • Later Amoraim challenge Rava and show that according to Rebbe Ilai partnership can also be exempt from Bechor, Matanos and Terumah. • Rebbe Ilai compares Reishis HaGez to Terumah. • Therefore, according to Rebbe Ilai, Reishis HaGez does not apply in Chutz La’Aretz. • Reishis HaGez does not make the remaining wool Tevel. • The Misah and Chomesh rules of Terumah do not apply to Reishis HaGez. • Reishis HaGez requires only one gift; there is no further Maaser process on the wool. • Whether wool from different years combines can depend on a Machlokes Tannaim. • The Gemara discusses wool that began growing under non - Jewish ownership and concludes that our Mishnah does not follow Rebbe Ilai. • Rebbe Ilai's comparison to Terumah also affects separating different species and whether all the wool can be designated as Reishis HaGez. • One cannot make all the wool Reishis HaGez; there must be a “Reishis” with something remaining. • The accepted practice follows Rebbe Ilai regarding Reishis HaGez in Chutz La’Aretz. • The Gemara also records the accepted Halachah that a Baal Keri may learn Torah without first immersing. • The Halachah follows Rebbe Yoshiya that Kilayim BaKerem requires grape, wheat and barley together. • Reishis HaGez is also compared to Maaser Behemah through “Tzon,” teaching that a Treifah is exempt. 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