Thursday, December 22, 2022

How do we view the new growth of something prohibited, part two? TB Nedarim 58

Today’s daf TB Nedarim 58 continues yesterday’s discussion. The Gemara wants to know how we view the new growth of something prohibited. Is this new growth just a continuation of the original growth and prohibited or is it considered a new entity and permitted? If the new growth is considered like the original growth and prohibited, can it be annulled when is mixed with permitted other growth?

Remember during the Sabbatical Year (in Hebrew Shmita) the land lays fallow. We are only allowed to eat the produce grown. We are not allowed to be involved in any commerce with this produce. At the end of the growing season, this produce must be destroyed. With this information Rabbi Shimon ben Elazar shows that new growth is considered a new entity. When Shmita leeks (ḥasayot) i.e. grown during the Sabbatical Year are replanted in the eighth year, they are permitted. The new growth is considered a new entity and since is greater than the original bulb it may be annulled.

Rabbi Shimon ben Elazar says: If the ḥasayot belong to a Jew who is suspect about observance of the Sabbatical Year, at the conclusion of the Sabbatical Year it is permitted to weed with him, as there is no concern that there might be Sabbatical-Year sanctity.” (Sefaria.org translation)  

This baraita refutes what opinions of Rabbi Yoḥanan and Rabbi Yonatan expressed in yesterday’s daf that new growth is just a continuation of the original growth and prohibited. The Gemara now defends Rabbi Yoḥanan’s and Rabbi Yonatan’s position.

The Gemara suggests: Let us say that this is a conclusive refutation of the opinions of Rabbi Yoḥanan and Rabbi Yonatan, who stated regarding orla and food crops in a vineyard that their permitted growth does not neutralize the prohibition of the original fruit or food crops respectively. Rabbi Yitzḥak said: The Sabbatical-Year produce is different. Since its prohibition is engendered by means of the ground, its nullification is effected by means of the ground as well. The prohibition can be neutralized by means of the growth that results from replanting the forbidden plant in a permitted manner.(Sefaria.org translation)  

At first glance this is a strange position. Only Sabbatical Year produce is prohibited because it is grown in the ground?! All agricultural produce is grown in the ground. The Ron explains the qualitative difference between the Shmita year on the one hand and on the other hand orla and kelayim. The Torah tells us that the land itself is impacted by the Sabbatical Year as it is written “the seventh year the land shall have a sabbath of complete rest…” (Leviticus 25:4) When it comes to orla time is the deciding factor for only during the first three years of the trees life are the fruits of the tree forbidden. When it comes to kelayim, the forbidden mixture of different kinds of seeds planted together is the deciding factor.

This conversation on our question continues on tomorrow’s daf as well.

 

 

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