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AVODAH ZORAH: CHAPTER 4

Avodah Zorah: 50

The Markulis Stones and Shemitah's Pruning Laws

Part of Avodah Zorah: chapter 4 · 58:49

An Avodah Zarah sugya on the stones placed beside a markulis idol and when they become forbidden, followed by a shift to the laws of Shemitah governing the pruning and patching of trees.

Audio Transcript
Intro: Mishnah on Three Stones Beside a Markulis

Today's shiur will be in Masechet Avodah Zarah 讚祝 谞' but we will start on 讚祝 诪"讟 注诪讜讚 讘' from the beginning of the perek. And the Mishnah starts off, 专讘讬 讬砖诪注讗诇 讗讜诪专, 专讘讬 讬砖诪注讗诇 says, 砖诇砖 讗讘谞讬诐 讝讜 讘爪讚 讝讜, if there are three stones laying next to each other, 讘爪讚 诪专拽讜诇讬住, and they are laying next to a 诪专拽讜诇讬住, 讗住讜专讜转, they are forbidden. 讜砖转讬诐, but if they are only two stones next to each other laying next to the 诪专拽讜诇讬住, 诪讜转专讜转, they are mutar. Markulis was an avodah zarah. And the way it was made was that they used to have two stones and a third one on top of the two. That was the 注讬拽专 注讘讜讚讛 讝专讛, that was the beginning of this avodah zarah. And the way they would worship this avodah zarah was by throwing rocks at it. So if you see a Markulis, you see the two rocks, the third one on top, and you see many rocks on it, that shows that this was worshipped already. So this what we call a 诪专拽讜诇讬住 讙讚讜诇, a big Markulis, a complete 注讘讜讚讛 讝专讛 诪专拽讜诇讬住. So if you see next to it laying three rocks next to each other, so Rabbi Yishmael says, then this is asur. But if you only see two laying next to this Markulis, then it is mutar. That's the opinion of Rabbi Yishmael.

Chachamim Opinion: Stones That Appear With the Idol

讜讞讻诪讬诐 讗讜诪专讬诐, but the Chachamim say, 砖谞专讗讜转 注诪讜 讗住讜专讜转, those that look with it, which means, those that you could see that they fell off from this Markulis, they are asur, and it makes no difference whether it is three or two, as long as you could tell that the rocks next to it fell off the Markulis, so you know it came from there and that's why it's asur. 讜砖讗讬谞谉 谞专讗讜转 注诪讜, if you could tell that it did not come from it, because it's not close enough, so then mutarot, it's mutar. And here again it doesn't make a difference whether it's three or two. Even if it's three, as long as that you could tell that it did not come from the Markulis, then it's mutar. This is the opinion of the Chachamim. And the Gemara will explain the reason of the machloket between Rabbi Yishmael and the Chachamim. And the Gemara says, 讘砖诇诪讗 专讘谞谉, very well we understand the sevara of the 专讘谞谉, 拽住讘专讬, they hold, 注讜讘讚讬谉 诇砖讘专讬诐, that the goyim also worship the broken pieces of their idol. And this applies in this case also, because all the stones that were thrown to the Markulis became added to the avodah zarah, and it became part of the avodah zarah. Which means at this point the Gemara feels that the rocks that were thrown to the Markulis was not considered 转拽专讜讘转 注讘讜讚讛 讝专讛, was not considered like a sacrifice that they brought to the avodah zarah, but this was considered an addition to the avodah zarah itself. So every rock that was thrown to the Markulis became part of the avodah zarah itself. Then when some rocks fell down off the Markulis, that is considered like a broken piece of the avodah zarah. So the Rabbanan hold that the goyim worship the broken pieces of the avodah zarah itself. So therefore even when it breaks off, it remains avodah zarah. And that's what the Chachamim say, that 谞专讗讜转 注诪讜, if it looks with it, which means it seems as if it came from it, 讚讗讬讻讗 诇诪讬诪专 诪讬谞讬讛 谞驻讬诇, that we're able to say it fell from it, 讗住讜专讬, that's why it's asur. So the Chachamim say it makes no difference whether it's two or three, as long as it seems as if it fell down from the Markulis, so this is avodah zarah, because even though it broke off from the avodah zarah, but the Rabbanan hold that they worship the broken pieces, so it remains avodah zarah and that's why it's asur. 讜砖讗讬谞谉 谞专讗讜转 注诪讜, if it doesn't look as if it came from it, mutarot, then it's mutar. 讗诇讗

Rabbi Yishmael鈥檚 View and the Question of 拽职住值讘侄专

专讘讬 讬砖诪注讗诇, but 专讘讬 讬砖诪注讗诇, 诪讗讬 拽住讘专, what does he hold? When he makes a difference between two and three, we don't understand what he holds. 讗讬 注讜讘讚讬谉 诇砖讘专讬诐, if he holds that the 讙讜讬诐 worship the broken pieces of 注讘讜讚讛 讝专讛, 讗驻讬诇讜 转专转讬 谞诪讬 诇讬住专, so two should also be asur as long as there's a possibility that it came from the avodah zarah. So therefore it would remain avodah zarah if we hold that they worship the broken pieces, so even if it's only two, it still should be asur. 讗讬 讗讬谉 注讜讘讚讬谉 诇砖讘专讬诐, if Rabbi Yishmael holds that the goyim don't worship the broken pieces of avodah zarah, and therefore, even if it seems that it came from the Markulis, nevertheless we don't consider it avodah zarah because since it broke off, they stop worshipping it, and therefore it's not avodah zarah anymore, 讗驻讬诇讜 转诇转 谞诪讬 诇讗, even if it would be three, as long as it seems that it didn't come from there, it also should not be 讗住讜专. So what is the idea of making a difference between two and three? 讗诪专 专讘 讬爪讞拽 讘专 讬讜住祝 讗诪专 专讘讬 讬讜讞谞谉, so Rav Yitzchak bar Yosef said in the name of 专讘讬 讬讜讞谞谉, 讘讬讚讜注 砖谞砖专讜 诪诪谞讜 讚讘专讬 讛讻诇 讗住讜专, if we know that these are stones that fell off from the Markulis, there is no argument, everyone agrees that it's asur. 讜讗驻讬诇讜 诇诪讗谉 讚讗诪专 讗讬谉 注讜讘讚讬谉 诇砖讘专讬诐, even according to the one that holds that they do not worship the broken pieces of their Avodah Zarah, so lichora, even if we know that it fell off from the Markulis, maybe it still should be mutar, because since it broke off and 讗讬谉 注讜讘讚讬谉 诇砖讘专讬诐, they don't worship the broken pieces, so it should be mutar. He says, nevertheless, it's asur, because 讛谞讬 诪讬诇讬 诇注讘讜讚转 讻讜讻讘讬诐, 讚诇讗讜 讛讬讬谞讜 讗讜专讞讬讛, that's only by an Avodah Zarah that this is not the custom, which means only by an Avodah Zarah where this is not the form. The Avodah Zarah does not consist of a pile of stones, so therefore, if it a piece is broken off, so we say they don't worship the broken piece. 讗讘诇 讛讻讗, but here concerning 诪专拽讜诇讬住, 讚诪注讬拽专讗 转讘讜专讬 诪讬转讘专讗, that from the beginning it is broken, 讛讬讬谞讜 讗讜专讞讬讛, so this is its normal custom, this is its normal form, which means that the whole Avodah Zarah of Markulis is lechatchilah not stones which are cemented together, but lechatchilah it is only a pile of stones. And therefore, each part of the Markulis, which is to begin with a separate stone, so even if a stone falls off, it is not considered a broken piece of Avodah Zarah. And therefore, even according to the one that holds that they do not worship the broken pieces of Avodah Zarah, but in this case it is not considered a broken piece of Avodah Zarah because lechatchilah they were small individual pieces just put together, so even if one falls off, it remains Avodah Zarah according to everybody. And therefore, if we know for sure that this stone came from the Markulis, from that pile, it definitely is asur according to everybody. 讻讬 驻诇讬讙讬, where is the machloket? 讘住转诪讗, in the case of 住转诐, when it cannot be determined whether the stones laying next to the Markulis came from the Markulis or not. And that's where is the machloket between Rabbi Yishmael and the chachamim. And the Gemara goes on to explain, 讘诪拽讜专讘讜转 谞诪讬, also with regard to the stones which are near, and as Rashi says, which are within one amah or within a half an amah of the 诪专拽讜诇讬住, 讚讗讬讻讗 诇诪讬诪专 诪讬谞讬讛 谞驻诇讜, where there we are also able to say that it fell from the Merkolis, also 讚讘专讬 讛讻诇 讗住讜专讜转, everyone everyone agrees that it's assur. 讻讬 驻诇讬讙讬, where do they argue? 讘诪专讜讞拽讜转, if it's far. Which means, as Rashi says, that it was within the 讚壮 讗诪讜转. It was further than a half 讗诪讛 and than an 讗诪讛, but it was within the 讚壮 讗诪讜转. So here there's a machloket between Rabbi Yishmael and the Chachamim. But before the Gemara manages to explain the machloket, the

Distance Debate: Near vs Far Within Four Amot

Gemara asks: How can you say the machloket is when it's far? 讜讛讗 讘爪讚 诪专拽讜诇讬住 拽转谞讬, doesn't it say in the Mishnah that they found the stones next to the Merkolis? And the Gemara answers, 诪讗讬 讘爪讚, what do we mean next to it? 讘爪讚 讗专讘注 讗诪讜转 讚讬讚讬讛, next to its 讚壮 讗诪讜转, which means it's not further than the 讚壮 讗诪讜转, and therefore it's considered next to it. And here we have the machloket between Rabbi Yishmael and the Chachamim, whether there's a difference between two or three or we make no such difference. And the machloket is, 讬砖诪注讗诇 住讘专, 专讘讬 讬砖诪注讗诇 holds, 注讜砖讬谉 诪专拽讜诇讬住 拽讟谉 讘爪讚 诪专拽讜诇讬住 讙讚讜诇, that the custom of the goyim was that they would make a small Merkolis next to a big Merkolis. A big Merkolis would be where they would put two stones next to each other, a third one on top, and then they would throw rocks on it. When that became big, then they would make a small Merkolis next to the big one. And therefore, 砖诇砖, if you find three stones next to this big 诪专拽讜诇讬住, 讚讚诪讬讬谉 诇诪专拽讜诇讬住, that is similar to a 诪专拽讜诇讬住, 讗住讜专讜转, it is assur, because a regular Merkolis was two stones and a third one on top. So if they put next to this big Merkolis three stones next to each other, which is similar to a big Merkolis, we suspect that this was made as a small Merkolis, and that's why it's assur. 砖转讬诐, but if you only see two stones next to the 诪专拽讜诇讬住, 诪讜转专讜转, it's mutar, because it doesn't look like a big 诪专拽讜诇讬住, so there's no reason to say that this was made as a small 诪专拽讜诇讬住. To suspect that it fell off from the big 诪专拽讜诇讬住, we don't, because since it's more than an 讗诪讛 away, it probably didn't fall off from there. And therefore, he holds that if it's two, it's mutar. 讜专讘谞谉 住讘专讬, the Rabbanan hold, 讗讬谉 注讜砖讬谉 诪专拽讜诇讬住 拽讟谉 讘爪讚 诪专拽讜诇讬住 讙讚讜诇, the goyim did not have this custom of making a small 诪专拽讜诇讬住 next to a big 诪专拽讜诇讬住. So therefore, there is no reason to say that it's asur because it is a small 诪专拽讜诇讬住. So therefore, 诇讗 砖谞讗 砖诇砖, 诇讗 砖谞讗 砖转讬诐, there is no difference between three and two. The only thing it depends on: 谞专讗讜转 注诪讜, if it looks as if it came from it because it's very close, asurot, it is asur. 砖讗讬谉 谞专讗讜转 注诪讜, if it's far and it doesn't look as if it came from there, mutarot, and it's mutar. Then the Gemara says, 讗诪专 诪专, we said before, 讘讬讚讜注 砖谞砖专讜 诪诪谞讜 讚讘专讬 讛讻诇 讗住讜专讜转, if we know for sure that the stones fell off from the 诪专拽讜诇讬住, everyone agrees that it's asur. 讜专诪讬谞讛讜, I will ask you a 拽砖讬讗, we learn in a 讘专讬讬转讗, 讗讘谞讬诐 砖谞砖专讜 诪谉 讛诪专拽讜诇讬住, stones that fell off from the 诪专拽讜诇讬住. So obviously, the beraita is talking in a case where we know for sure that these stones fell off from the 诪专拽讜诇讬住. The beraita says like this: 谞专讗讜转 注诪讜 讗住讜专讜转, if it looks as if it came 砖讗讬谉 谞专讗讜转 注诪讜, if it doesn't look as if it came from it, muteret, it's mutar. Rabbi Yishmael omer, Rabbi Yishmael says, 砖诇砖 讗住讜专讜转, if there were three stones there, then it is asur. 砖转讬诐, if there are only two stones, muteret, it's mutar. So here we see clearly that even though we know for sure it fell off from the 诪专拽讜诇讬住, nevertheless there is a machloket. Rabbi Yishmael says that three is asur and two is mutar. And the Chachamim say it depends whether it looks as if it came from it or not, even though we know for sure it came from the Markulis. So obviously we cannot say that when we know for sure it came from the Markulis, everyone agrees it's asur. When here we see it's not so. The Gemara answers,

Rava鈥檚 Clarification on the Beraita鈥檚 Stones

讗诪专 专讘讗, Rava said, 诇讗 转讬诪讗 砖谞砖专讜, 讗诇讗 讗讬诪讗 砖谞诪爪讗讜. Don't read in the beraita that it's a case where stones fell from the Markulis, but it's supposed to say stones that were found next to the Markulis. And really it means that we do not know whether it fell from the Markulis or not. And the machloket between Rabbi Yishmael and the Chachamim is exactly as we said before, that according to Rabbi Yishmael, since they make a Markulis next to a big Markulis, so three is asur and two is mutar. And the Chachamim say that they don't make a small Markulis next to a big Markulis, and therefore, if you think it came from it, then it's asur, but if it looks as if it didn't come from it, then it's mutar. And the Gemara asks, 讜住讘专 专讘讬 讬砖诪注讗诇 砖转讬诐 诪讜转专讜转? Does really Rabbi Yishmael hold that two stones are mutar, which means that even if it was found within the four amot of the Markulis, but if it is not three, but two, it is mutar, does he really hold so? 讜讛转谞讬讗, didn't we learn in a beraita, 专讘讬 讬砖诪注讗诇 讗讜诪专, Rabbi Yishmael says, 砖转讬诐 讘转驻讬住转讜 讗住讜专讜转. If you found two stones within the idol's reach, it is asur. 砖诇砖, if you found three, 讗驻讬诇讜 诪专讜讞拽讜转 讗住讜专讜转, even if they are far, then it is asur. Now when we say two within the avodah zarah's reach, it means within the four amot. So we see that Rabbi Yishmael holds that within the four amot even two are asur, and before we said that when Rabbi Yishmael makes a difference between two and three, that two are mutar and three are asur, is talking in a case where it was within the four amot. In other words, that within the four amot two are mutar. And here we're saying that 专讘讬 讬砖诪注讗诇 holds that within the four amot two are asur. And the Gemara answers, 讗诪专 专讘讗, 专讘讗 said, 诇讗 拽砖讬讗, it's no kashya. 讻讗谉 讘转驻讬住讛 讗讞转, 讻讗谉 讘砖转讬 转驻讬住讜转. Here, meaning in this last beraita, where we said that Rabbi Yishmael holds that two are asur, is talking if it's within one reach. And here, meaning in the case that we speaking about before, where we said Rabbi Yishmael holds that two are mutar, is talking in a case where it's within two reaches. 讛讬讻讬 讚诪讬, what does that mean? What do we mean two reaches? 讚讗讬讻讗 讙讜讘讗 讘讬谞讬 讜讘讬谞讬, as the case where there is a mound in between the stones and the Markulis. And the peshat is as follows, that when we say now that even within the four amot two are asur, that's where there is no mound, no interruption between the Markulis and these stones. So therefore, we say that since it's within the four amot, it probably fell down from that Markulis, and therefore it is asur even if it's two. And this is true according to Rabbi Yishmael and according to the Rabbanan, because in a case where we assume it fell down from the Markulis, everyone agrees it's asur. And that's why it makes no difference whether it's three or two, because the only difference whether it's three or two is only in the case where we suspect that this is a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇. But otherwise, if the issur is not because of that, the issur is because we suspect that it fell from the Markulis, so then it makes no difference between three and two. And therefore, even if it's two it's asur, and even according to the Rabbanan it's asur, because the Rabbanan also say that in a case where we think it fell down from the Markulis it is asur. And therefore, as long as it's within the four amot, everyone agrees that we assume it fell down from the Markulis, and it's asur even if it's two. And this is according to Rabbi Yishmael and according to the Rabbanan. The machloket between Rabbi Yishmael and the Rabbanan would be only if it's more than four amot. There we call it 诪专讜讞拽讜转, it's far. So according to the 专讘谞谉, they hold that only if we suspect that it fell from the 诪专拽讜诇讬住 it's 讗住讜专, and therefore if it's more than four 讗诪讜转, so we don't suspect it fell from the 诪专拽讜诇讬住, that's why they say it's 诪讜转专. Only if 谞专讗讜转 注诪讜, if it looks as if it came from it, which means if it's within the four 讗诪讜转, then we say that it's 讗住讜专. If it's more than four 讗诪讜转, it's 诪讜转专. Rabbi Yishmael, who says that they make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, so he says even though if it's further than four 讗诪讜转 we know for sure it didn't fall from the 诪专拽讜诇讬住, but nevertheless, if it's three, we say that they made this as a 诪专拽讜诇讬住 拽讟谉 next to the 诪专拽讜诇讬住 讙讚讜诇. And if it's two, since it's not Similar to a 诪专拽讜诇讬住, so probably it is not a 诪专拽讜诇讬住 拽讟谉, and to suspect that it fell from the 诪专拽讜诇讬住 we can't either because it's more than four 讗诪讜转, and therefore, it is 诪讜转专. When we said before that the 诪讞诇讜拽转 between Rabbi Yishmael and the 专讘谞谉 is even within the four 讗诪讜转, that's the case where there was a mound in between the 诪专拽讜诇讬住 and these stones. So even though it's within the four 讗诪讜转, but since there is an interruption in between the 诪专拽讜诇讬住 and these stones, so that has the same 讚讬谉 as if they were far. And therefore, according to Rabbi Yishmael who says that even though it's far, but since they make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, by three, it is 讗住讜专, so in this case, too, he would say it's 讗住讜专. The 专讘谞谉 who hold that they don't make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, and the whole 讗讬住讜专 could only be if we suspect it fell from the 诪专拽讜诇讬住, so since it has an interruption in between the 诪专拽讜诇讬住 and these stones, so we assume it didn't fall from the 诪专拽讜诇讬住, and therefore, the 专讘谞谉 say it's 诪讜转专. So it comes out that the way the Gemara learns now is different than the way the Gemara learned before. Because before, the Gemara, when it said that if it's close, everyone agrees it's asur, if it's far, that's where we have the machloket, and we learned before that far means within the four amot, but now we're saying that within the four amot, if there is no interruption in between, it's considered close, and there, too, everyone would agree it's asur. Only if it's more than four amot, that's where we have the machloket, or even if it's within the four amot, if there is an interruption, that has the same din as being far, and there, too, there would be the machloket between Rabbi Yishmael and the Rabbanan. But then the Gemara asks:

Form of Merkolis and Later Rashi鈥慣osafot Discussion

讜诪专拽讜诇讬住 讻讬 讛讗讬 讙讜讜谞讗 诪讬 讛讜讛? Is a 诪专拽讜诇讬住 made like that? We just said that according to Rabbi Yishmael, even if it's far, if there are three there, it is asur, because we suspect that maybe this is a 诪专拽讜诇讬住 拽讟谉 which they made next to a 诪专拽讜诇讬住 讙讚讜诇. But the case here is that they found three stones next to each other. So how can we suspect that this is a 诪专拽讜诇讬住 拽讟谉, when this is not really the way they make a 诪专拽讜诇讬住? 讜讛转谞讬讗, didn't we learn in a beraita: 讗诇讜 讛谉 讗讘谞讬 讘讬转 拽讜诇讬住? These are the stones of a 讘讬转 拽讜诇讬住, which means of a 诪专拽讜诇讬住. 讗讞转 诪讻讗谉 讜讗讞转 诪讻讗谉 讜讗讞转 注诇 讙讘讬讛谉. One from this side, one from the other side, and one on top. But not three stones next to each other. So how can we say that when we find three stones next to each other that this is a 诪专拽讜诇讬住 拽讟谉 that they made next to a 诪专拽讜诇讬住 讙讚讜诇? 讗诪专 专讘讗, so Rava said: 讻讬 转谞讬讗 讛讛讬讗 讘注讬拽专 诪专拽讜诇讬住. This beraita was learned only concerning the main part of the 诪专拽讜诇讬住. The original, first 诪专拽讜诇讬住 by them was made two stones next to each other and one on top. But later when they make the 诪专拽讜诇讬住 拽讟谉 next to the 诪专拽讜诇讬住 讙讚讜诇, then they are not particular to make it 讚讜讜拽讗 two and two next to each other and one on top, but they also could make it three next to each other. As long as it's similar to a 诪专拽讜诇讬住, they would make it into a 诪专拽讜诇讬住. After all, this is only 诪专拽讜诇讬住 拽讟谉. So there, they weren't particular, and they would also make it three stones next to each other. This is the way Rashi learned the 讛诪砖讱 of this Gemara. But Tosafot asks a few kashiyot on Rashi, and learns the pshat a little bit differently. Now, some of the kashyos that Tosafos asks are: Number one, as we said before, according to the pshat we learned before, which was Rashi's pshat, the Gemara changes the pshat later from the way we learned before. In the beginning, when it said in the Gemara that if it's close, everyone agrees it's asur, and if it's far, that's where we have the machloket, and we said that close means within an amah or a half an amah, and far means more than an amah away, even though it's within the four amot, and we explained that why is it that if it's close, everyone agrees that it's asur, is because since it's within an amah or a half an amah, we are sure it fell from the 诪专拽讜诇讬住, and that's why even the Rabbanan hold it's asur. But if it's more than an amah away, we are sure that it did not fall from the 诪专拽讜诇讬住. But nevertheless, Rabbi Yishmael still says that if it's three, it's asur, is because we suspect that this is a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇. So it comes out that first the Gemara felt that if it's more than an amah away, even though it's within the four amot, that is considered far, and we are sure it did not fall from the 诪专拽讜诇讬住. Later on, the Gemara says that if it's within the four amot, and there is no interruption, there is no mound in between, that is considered close, and we are sure that it fell from the 诪专拽讜诇讬住, and that's why the Rabbanan would also hold it's asur. So it seems that the Gemara changed from the way it was before. And this is

Questioning the Gemara's distance reasoning

not the 讚专讱 of the Gemara. The Gemara doesn't just change just like that, as first we are so sure that if it's more than an amah away, even though it's within the four amot, we are sure it did not fall from the 诪专拽讜诇讬住, and all of a sudden the sevara is that as long as it's within the four amot, we are sure it fell from the 诪专拽讜诇讬住, and everyone agrees it's asur. So therefore, it is hard to say that this is the pshat. Another kashya is, if in the case where there is no mound in between, the reason why two are asur is, as we said before, because we assume it did fall from the 诪专拽讜诇讬住, because it's within the four amot, so we assume it fell from the 诪专拽讜诇讬住, that's why everyone agrees it's asur, so why is this only by two? Why shouldn't the same din be by one? Because if we suspect it fell from the 诪专拽讜诇讬住, even if it's one it should be asur. So Rabbi Yishmael should have said that if it's 讘转驻讬住讛 讗讞转, if it's within one reach, meaning without an interruption in between, even one is asur, and if it's far, then three only are asur, but not less. Why does he say that if it's within one 转驻讬住讛, two are asur? Another kashya Tosafot asks, if we're going to say that as long as it's within the four amot we call it 谞专讗讜转, it's considered that it seems as if it fell from the 诪专拽讜诇讬住 and that's why it's asur, and this is also according to the 专讘谞谉, so why does Rabbi Yishmael mention the lashon of 转驻讬住讛 讝讜 讗住讜专讜转 more than the 专讘谞谉? Why does he not use the same lashon as the 专讘谞谉 use? The 专讘谞谉 say that if it's 谞专讗讜转, if it seems as if it fell from the 诪专拽讜诇讬住, and we say that means as long as it's within the four amot we assume it fell from the 诪专拽讜诇讬住 it's asur, so why doesn't Rabbi Yishmael say the same lashon, that if it is 谞专讗讜转 it is asur? Why does he use the 诇砖讜谉 转驻讬住讛? And then Tosafot asks another kashya, and therefore Tosafot learns a different peshat in the Gemara. But

Tosafot鈥檚 introduction to the four鈥慳mot discussion

before we explain the peshat in the Gemara, we have to give a 讛拽讚诪讛, that Tosafot learns that the whole Gemara here is talking within the four 讗诪讜转. And within the four 讗诪讜转 itself, there is a possibility of being 谞专讗讜转 and not 谞专讗讜转. Not like we learned before, that 谞专讗讜转, that when it looks as if it fell from it means that it was close, like Rashi learned first it's within an 讗诪讛 or half an 讗诪讛, and when we say 讗讬谞谉 谞专讗讜转, that it doesn't look as if it fell from it, that means that it's further away, like Rashi learned 诇讻转讞讬诇讛 that it means within the four 讗诪讜转, more than an 讗诪讛 away, but within the four 讗诪讜转, or the way Rashi learned later that it means more than four 讗诪讜转 away. Tosafot learns that the whole 住讜讙讬讗 is talking in a case where it's within the four 讗诪讜转. 谞专讗讜转 and 讗讬谞谉 谞专讗讜转 is a possibility within the four 讗诪讜转 itself. It could be within the four 讗诪讜转, and it could seem as if it fell from the 诪专拽讜诇讬住, or it could be within the four 讗诪讜转, and you could tell that it did not fall from the 诪专拽讜诇讬住. For instance, if there is a mound in between, then this is called 讗讬谞谉 谞专讗讜转. Another thing that's important to note before we get to learn the Gemara according to Tosafot, that

When a small merkulis is considered beside a large one

Tosafot learns when the Gemara says according to 专讘讬 讬砖诪注讗诇 注讜砖讬 诪专拽讜诇讬住 拽讟谉 讘爪讚 诪专拽讜诇讬住 讙讚讜诇, and the Gemara said that this is only by three, since three stones next to each other are similar to a 诪专拽讜诇讬住, therefore we suspect that this is a 诪专拽讜诇讬住 拽讟谉, but two, which are not similar to a 诪专拽讜诇讬住, we do not say that this is a 诪专拽讜诇讬住 拽讟谉. So Tosafot learns this is only if there is an interruption between the stones and the 诪专拽讜诇讬住. So there we say that if there are two stones, and they are not similar to a 诪专拽讜诇讬住, so we do not suspect that this is a 诪专拽讜诇讬住 拽讟谉. But if they are three, even though there is an interruption between, but three prove that this is a 诪专拽讜诇讬住 拽讟谉. But if there is no interruption, and it's right next to the 诪专拽讜诇讬住, so even by two Rabbi Yishmael would hold that they make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇. Even two stones are a 诪专拽讜诇讬住 拽讟谉. One stone we never say is a 诪专拽讜诇讬住 拽讟谉. Now after these 讛拽讚诪讜转, we will see the pshat in the Gemara. In the

Machloket on near vs far within four amot

beginning, when the Gemara first said that the machloket between Rabbi Yishmael and the Chachamim is in the case of 诪专讜讞拽讜转, in the case where they are 诪拽讜专讘讜转, where close, everyone agrees that it's asur. The reason is because since it's within the four amot, and close means that it seems as if it fell from the 诪专拽讜诇讬住, everyone agrees it's asur. Even one is asur, because since it seems as if it fell from the 诪专拽讜诇讬住, one is also asur. But if it's far, so then there is a machloket between Rabbi Yishmael and the Chachamim. At first the Gemara thought far means further than four amot, and the Gemara said no, it means within the four amot. Otherwise, the 诇砖讜谉 in the Mishnah where it says 讘爪讚 诪专拽讜诇讬住 would not make sense, so it's within the four amot. But still within the four amot it could be considered far, because there is something that makes it far. For instance, there is an interruption in between. There is this mound in between the stones and the 诪专拽讜诇讬住. That's what we meant 诇讻转讞讬诇讛, 讻讬 驻诇讬讙讬 讘诪专讜讞拽讜转. And that's where we say like this, according to the Rabbanan, that they don't accept the sevara that they make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, and the only reason there could be for issur is if we suspect it fell from it. Now since there is a mound in between, so it is 诪专讜讞拽讜转, so even though it's within the four amot, but since there is a mound in between, so it's not 谞专讗讛, it doesn't seem as if it fell from the 诪专拽讜诇讬住, so therefore as far as that is concerned we cannot make it asur. And the other issur of 注讜砖讛 诪专拽讜诇讬住 拽讟谉 next to 诪专拽讜诇讬住 讙讚讜诇 Chachamim don't hold, therefore in the case of 诪专讜讞拽转 the Rabbanan say that it's mutar. Rabbi Yishmael who holds that they do make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, Rabbi Yishmael holds that it is 讗住讜专, but only three and not two. Why? Because even though we said before that two also could be a 诪专拽讜诇讬住 拽讟谉, but that's only if there's no interruption. But in the case where there is an interruption in between, so there we say that if it's three, so even though there is an interruption, still we say that this is a 诪专拽讜诇讬住 拽讟谉 and it's 讗住讜专. But in the case of two, since there is an interruption, we don't assume this is a 诪专拽讜诇讬住 拽讟谉, and to say it fell from the 诪专拽讜诇讬住 we also don't as we said before, therefore according to Rabbi Yishmael, two is 诪讜转专. And that's what the Gemara asked later as a 拽砖讬讗, that how can you say that according to Rabbi Yishmael two is 诪讜转专 even if it's within the four amos? But didn't we learn in a Beraisa Rabbi Yishmael says that two 讘转驻讬住讗 诇讬讛 讗住讜专讜转, 砖诇砖 讗驻讬诇讜 诪专讜讞拽讜转 讗住讜专讜转? And 转驻讬住讗 诇讬讛 means within the four amos, so it says there clearly that two within the four amos is still 讗住讜专. And the Gemara answered that what we meant was is as we said before, that two within the four amos if there is no interruption is taka 讗住讜专. Why is two 讗住讜专 within the four amos? Because we suspect that this is a 诪专拽讜诇讬住 拽讟谉. In other words, even in a case where 讗讬谉 谞专讗讛, even in a case where it doesn't seem that this fell from it, but as long as it's within the four amos, we suspect that this is a 诪专拽讜诇讬住 拽讟谉. But this is only if there is no interruption. But if there is an interruption, and this is what the Beraisa means when it says 讗驻讬诇讜 诪专讜讞拽讜转, when it's far. Far doesn't mean further than four amos. Far means it could be within the four amos and we still call it far. Why? Because there is an interruption in between, 砖转讬 转驻讬住讜转. If there is an interruption in between, there two is not 讗住讜专, because since there is an interruption, we don't suspect it fell from the 诪专拽讜诇讬住, and that's why as far as that is concerned it's not 讗住讜专. To suspect that this is a 诪专拽讜诇讬住 拽讟谉, since it is two and there is an interruption, we don't suspect it's a 诪专拽讜诇讬住 拽讟谉, so therefore two would be 诪讜转专, but three would be 讗住讜专 even though there is an interruption in between, but since it is three, which is very similar to a 诪专拽讜诇讬住, we say that this is a 诪专拽讜诇讬住 拽讟谉. This is the opinion of Rabbi Yishmael. But the Rabbanan, they hold that since we do not say that you make a 诪专拽讜诇讬住 拽讟谉 next to a 诪专拽讜诇讬住 讙讚讜诇, so as long as there is an interruption in between, which means that we are sure it didn't fall from the 诪专拽讜诇讬住, there is no reason to make it asur. Whether it is two or three, it makes no difference. If there is no interruption in between, this is nir'eh, then the Rabbanan say it's asur. And that's the klal: the Rabbanan hold that it doesn't depend on three or two, it doesn't depend on one 转驻讬住讛 or another 转驻讬住讛, it depends on one thing: if it seems as if it fell from it, it is asur. If it doesn't seem that it fell from it, even if it's within the 讗专讘注 讗诪讜转, then it's mutar. According to Rabbi Yishmael, if it seems that it fell from it, it's definitely asur, no matter what. If it doesn't seem and it fell from it, so then if we're able to say that this is a 诪专拽讜诇讬住 拽讟谉 it's asur, if we can't, then it's mutar. Now when are we able to say if it's that it is a 诪专拽讜诇讬住 拽讟谉? So if it's within the four 讗诪讜转 without an interruption, then even by two we say it's a 诪专拽讜诇讬住 拽讟谉 and it's asur. If there is an interruption, so two we do not say is a 诪专拽讜诇讬住 拽讟谉, but if it's three, we do say it's a 诪专拽讜诇讬住 拽讟谉, and therefore according to Rabbi Yishmael, it is asur. Then the Gemara continues,

Stones from idol worship and their prohibited use

讘讬 讬谞讗讬 诪诇讻讗 讞专讜讘, the palace of Yanai the king was destroyed. 讗转讜 注讜讘讚讬 讻讜讻讘讬诐 讗讜拽讬诪讜 讘讬讛 诪专拽讜诇讬住, came 讙讜讬诐, and they used the stones for the 注讘讜讚讛 讝专讛 诪专拽讜诇讬住. They threw it upon the 注讘讜讚讛 讝专讛 诪专拽讜诇讬住, this was the form of their worship as we said before. 讗转讜 注讜讘讚讬 讻讜讻讘讬诐 讗讞专讬谞讬, came other idol worshippers 讚诇讗 驻诇讞讜 诇诪专拽讜诇讬住, that they did not worship the 诪专拽讜诇讬住, 砖拽诇讬谞讛讜, they took these stones, 讜讞讬驻讜 讘讛谉 讚专讻讬诐 讜住专讟讬讗讜转, and they paved the streets and the roads with these stones. 讗讬讻讗 专讘谞谉 讚驻专砖讬, there were certain 专讘谞谉 that abstained from walking on these streets. Why? They did not want to have hana'ah from the stones that were used for 注讘讜讚讛 讝专讛. 讜讗讬讻讗 专讘谞谉 讚诇讗 驻专砖讬, and there were some 讞讻诪讬诐 who did not abstain, they did walk on these stones. 讗诪专 专讘讬 讬讜讞谞谉, and Rabbi Yochanan said, 讘谞谉 砖诇 拽讚讜砖讬诐 诪讛诇讱 注诇讬讛谉, so Rabbi Yochanan said, the son of the holy ones does go on them, so we should abstain? 诪讗谉 谞讬讛讜 讘谞谉 砖诇 拽讚讜砖讬诐, who is this one that was called the son of the holy ones? Rabbi Menachem bar Rabbi Simai, was Rabbi Menachem bar Rabbi Simai. 讜讗诪讗讬 拽专讜 诇讬讛 讘谞谉 砖诇 拽讚讜砖讬诐, why did They call him the son of the holy ones? 讚讗驻讬诇讜 讘爪讜专转讗 讚讝讜讝讗 诇讗 诪住转讻诇, because he wouldn't even look at the form, the face, on a coin. Since the face had some kind of picture of an idol, so he wouldn't even look at the coin. That's why he was called the son of the holy ones. And he walked on those stones, he didn't mind having use of these stones. So why should we mind? And the Gemara explains, 诪讗讬 讟注诪讗 讚诪讗谉 讚驻专讬砖? What is the reason of those that did abstain, did not want to walk on these stones? 住讘专 诇讛 讻讬 讛讗 讚讗诪专 专讘 讙讬讚诇 讗诪专 专讘 讞讬讬讗 讘专 讬讜住祝 讗诪专 专讘, because he held like Rav Gidel said in the name of Rav Chiya bar Yosef in the name of 专讘, 诪谞讬讬谉 诇转拽专讜讘转 注讘讜讚讛 讝专讛 砖讗讬谉 诇讛 讘讟诇讛 注讜诇诪讬转? The din is that an avodah zarah could become batel. An avodah zarah is asur b'hana'ah, you're not allowed to have any use from it. But a goy is able to be mevatel, to nullify the avodah zarah. And if he does it, and the Gemara explains exactly how he is able to be mevatel it, but after a goy is mevatel it, this is not an avodah zarah anymore, and it's mutar b'hana'ah. So lichora the same thing happened here. Since goyim came, and they took these stones, and they paved the roads with it, so they were mevatel this from being an avodah zarah. So lichora there is no she'eilah in having hana'ah from these stones. But nevertheless, he held like Rav Gidel said that how do we know that an offering, a korban of avodah zarah, cannot ever become batel? Shene'emar, because the pasuk says concerning the avodah zarah of 讘注诇 驻注讜专, 讜讬爪诪讚讜 诇讘注诇 驻注讜专 讜讬讗讻诇讜 讝讘讞讬 诪转讬诐, that they joined themselves together with the Baal Peor, and they ate sacrifices of the dead. So we see that the Torah compares, the pasuk compares the sacrifice of avodah zarah of Baal Peor to the sacrifice of the dead, and we say 诪讛 诪转 讗讬谉 诇讜 讘讟诇讛 诇注讜诇诐, just like a dead body could never become batel, which means a dead body is tamei, and it always remains tamei, there is no way to take away the tum'ah from the dead body, 讗祝 转拽专讜讘转 注讘讜讚讛 讝专讛 讗讬谉 诇讛 讘讟诇讛 诇注讜诇诐. So too, the offering, the korban, that the goyim bring to the 注讘讜讚讛 讝专讛 cannot become 讘讟诇. This din that a goy is able to be mevatel the 注讘讜讚讛 讝专讛, and it becomes 诪讜转专 讘讛谞讗讛, is only concerning the 注讘讜讚讛 讝专讛 itself, but the korban that was brought to the 注讘讜讚讛 讝专讛 can never become 讘讟诇. And therefore they did not want to walk on these stones, because since these stones were thrown to the Merkulis, this is the form of their worship, so these stones according to them have a din of 转拽专讜讘转 注讘讜讚讛 讝专讛, of a korban to 注讘讜讚讛 讝专讛, not of 注讘讜讚讛 讝专讛 itself. And since we hold like Rav Gidel that a korban of 注讘讜讚讛 讝专讛 could never become 讘讟诇, so therefore even though the goyim paved the roads with it, it still doesn't become 讘讟诇. And that's why these people, these chachamim, abstained from walking on these stones. 讜诪讗谉 讚诇讗 驻专讬砖, the ones that didn't abstain, 讗诪专, he said, 讘注讬谞谉 讻注讬谉 驻谞讬诐 讜诇讬转讗. When does an object have a din of an offering, of a korban to 注讘讜讚讛 讝专讛? If it's 讻注讬谉 驻谞讬诐, it is similar to inside. Which means it's similar to a korban brought in the 讘讬转 讛诪拽讚砖 on the 诪讝讘讞. In other words, only such things that could be used as a korban on the 诪讝讘讞 in the 讘讬转 讛诪拽讚砖, if you use the same kind of thing as a korban to 注讘讜讚讛 讝专讛, that has a din of 转拽专讜讘转 注讘讜讚讛 讝专讛. But if it's something that cannot be used as a korban inside the 讘讬转 讛诪拽讚砖 to Hashem, something like that, if it's used for 注讘讜讚讛 讝专讛, it does not have a din of 转拽专讜讘转 注讘讜讚讛 讝专讛. And therefore, since there is no such thing as bringing a stone as a korban to Hashem on the mizbeach in the Beis Hamikdash, so when that is used as a korban to the avodah zarah, it doesn't have a din of 转拽专讜讘转 注讘讜讚讛 讝专讛. And therefore, since it doesn't have a din of 转拽专讜讘转 注讘讜讚讛 讝专讛, it has a din of the avodah zarah itself. So just like the avodah zarah itself could become batel through a goy, this could also become batel through a goy. And therefore these goyim, when they paved the roads with it, were mevatel it, and since it doesn't have a din of a korban to avodah zarah, it becomes batel, and therefore they allowed to walk on it. Then the Gemara continues,

Goy vs Jew: nullifying idolatrous stones

讗诪专 专讘 讬讜住祝 讘专 讗讘讗, Rav Yosef bar Abba said, 讗讬拽诇注 专讘讛 讘专 讬专诪讬讛 诇讗转专讬谉, Rabbah bar Yirmiyah happened to be in our place, 讗转讗, he came, 讜讗讬讬转讬 诪转谞讬转讗 讘讬讚讬讛, and he brought a 讘专讬讬转讗 with him. Said in the 讘专讬讬转讗, 注讜讘讚 讻讜讻讘讬诐 砖讛讘讬讗 讗讘谞讬诐 诪谉 讛诪专拽讜诇讬住 讜讞讬驻讛 讘讛谉 讚专讻讬诐 讜住专讟讬讗讜转, if a goy brought stones from a Merkulis and he paved with it the roads and the streets, 诪讜转专讜转, it is 诪讜转专. Why? Since a goy paved the street with it, so he was mevatel it from avodah zarah, and the din is a goy is able to be mevatel 注讘讜讚讛 讝专讛. 讗讘诇 讬砖专讗诇 砖讛讘讬讗 讗讘谞讬诐 诪谉 讛诪专拽讜诇讬住 讜讞讬驻讛 讘讛谉 讚专讻讬诐 讜住专讟讬讗讜转, but if a Yid brought stones from Merkulis and paved the roads with it, 讗住讜专讜转, it is 讗住讜专. Why? Because a Yid doesn't have the power to be mevatel 注讘讜讚讛 讝专讛. In other words, even if he does the same act as a goy would do, But since a yid did it, the avodah zarah doesn't become battel, and therefore, if the yid paved the roads with these stones of the Merkulis, they are still asur and you can't have any use from it. 讜诇讬转 谞讙专 讜诇讗 讘专 谞讙专 讚讬驻专拽讬谞讛, and he added that there is no chacham or son of a chacham that is able to explain this beraita. And soon the Gemara will explain what was the problem with the beraita, what was the kushya that he had that he thought that no one could explain this beraita. 讗诪专 Rav Sheshet, Rav Sheshet said: 讗谞讗 诇讗 谞讙专 讗谞讗 讜诇讗 讘专 谞讙专 讗谞讗, I am not a chacham myself and I am not a son of a chacham, 讜驻专讬拽谞讗 诇讛, and I will explain it, I will answer it. 诪讗讬 拽讜砖讬讗 诇讬讛, what was his kushya? Why didn't he understand the beraita? Rav Gidal, because of what Rav Gidal said. His kushya was that how could the beraita say that if a goy paved the roads with these stones, it is mutar because the goy is mevattel it, but didn't Rav Gidal say that a korban of avodah zarah could never become battel? And since these stones are a korban to the Merkulis, they never could become battel. So therefore he didn't understand, why does the beraita say that if a goy paved the roads with it it's mutar? So he says, I will answer it: 讚讛谞讬 讻注讬谉 驻谞讬诐 讜诇讬讻讗, the same answer as we gave before, that when is it considered a korban of avodah zarah? Only if it's 讻注讬谉 驻谞讬诐, if it's a kind of korban similar to a korban that was brought inside the 讘讬转 讛诪拽讚砖 on the mizbeach. But since this is not here, because stones could not be brought as a korban, so therefore when you bring stones as a korban to avodah zarah, it doesn't have a din of a korban of avodah zarah. It only has a din like the avodah zarah itself, and therefore, bitul does help. And that's what the beraita meant, that if a goy did it, so he was mevatel it, it is batel, and you're allowed to have hanaah from it. But if a 讬讬讚 did it, since a 讬讬讚 is not able to be 诪讘讟诇 注讘讜讚讛 讝专讛, therefore, it is asur. And now we'll continue with the Gemara. Since the Gemara before brought what Rav Yosef bar Abba said concerning what Rabbah bar Yirmiyah said when he came to their place, the beraita he brought, and also that he said that this is a din that we can't explain, so the Gemara brings another thing that was the same way, that he brought a beraita and also said that we can't explain it. And the Gemara says, 讗诪专 专讘 讬讜住祝 讘专 讗讘讗, 专讘 讬讜住祝 讘专 讗讘讗 said: 讗讬拽诇注 专讘讛 讘专 讬专诪讬讛 诇讗转专讬谉, 专讘讛 讘专 讬专诪讬讛 happened to be in our place, 讜讗转讗, he came, 讜讗讬讬转讬 诪转谞讬转讗 讘讬讚讬讛, and he brought a beraita with him. What did it say in the beraita that he brought? 诪讟诇讬谉 讜诪讝诪诪讬谉 讘砖讘讬注讬转. We know that

Shemittah rules: removing worms and applying manure

during the year of shemittah, we are not allowed to do any work on the field. But he said, the beraita says that we are allowed to remove worms from the trees on shemittah. And also, we are allowed to patch the bark with manure. That if there was some kind of makkah in the tree, and part of the bark fell off, so then by putting zevel there, putting manure there and tying it, this will preserve the tree. So this is what he means here, that you're allowed to take out the worms during shemittah, and also mezammin, you're allowed to put the manure in the place where the bark fell off. And as Rashi says, this is not the same as it says in the Gemara Moed Katan 讚祝 讙, that 讗讬谉 诪讝讘诇讬谉, that you're not allowed to put manure during shemittah, because there, we're talking about manure on the ground, on the field. That is 注讘讜讚讛 砖讘砖讚讛 讜讘讻专诐, that is work of the field, and that is not allowed. But here, we're talking about in the place of the fallen bark, you are allowed to put the manure. But 讜讗讬谉 诪讟诇讬谉 讜诪讝诪诪讬谉 讘诪讜注讚, but you're not allowed to take out the worms or put this manure in the place of the fallen bark during Chol Hamoed. 讻讗谉 讜讻讗谉, but in both of these cases, meaning 讘讬谉 Shemitah and during 讞讜诇 讛诪讜注讚, 讗讬谉 诪讙专诪讬谉, you are not allowed to prune the trees, but 讜住讻讬谉 砖诪谉 诇讙讝讜诐, but you are allowed to smear oil in the place where it was pruned already. Because if you're not going to put the oil there since it was pruned, then this tree is going to die, and therefore, it is allowed. Because 注讘讜讚转 拽专拽注, any work which is work in the field, the Torah said you're not allowed. But these are not 注讘讜讚转 拽专拽注, because the only thing it's going to do is going to preserve the tree that the tree shouldn't die. It's not going to make the tree better, it's only going to have it continue the way it is, and that is allowed. So this is allowed 讘讬谉 讘诪讜注讚, 讘讬谉 讘砖讘讬注讬转, whether it is Chol Hamoed or it is

The difficult beraita on Shemitah

Shemitah. This is the beraita that he brought, and he said, 讜诇讬转 谞讙专 讜诇讗 讘专 谞讙专 讚讬驻专拽讬谞讛, there is no chacham or son of a chacham that is able to explain this beraita. 讗诪专 专讘 讬讜住祝, Rav Yosef said: 讗谞讗 诇讗 谞讙专 讗谞讗 讜诇讗 讘专 谞讙专 讗谞讗, I am not a chacham myself, and I am not a son of a chacham, 讜诪驻专拽讬谞讗, and I will answer it. 诪讗讬 拽讗 拽砖讬讗 诇讬讛, what is his kashya to begin with? 讗讬诇讬诪讗, if you're going to say: 诪讜注讚 讗砖讘讬注讬转 拽讗 拽砖讬讗 诇讬讛, his kashya is, what is the difference between Chol Hamoed and Shemitah? 诪讗讬 砖谞讗 砖讘讬注讬转 讚砖专讬, 讜诪讗讬 砖谞讗 诪讜注讚 讚讗住讜专, why is the din that during Shemitah it is mutar, and during Because that he said that during Shemitah you are allowed to take out the worms and you are allowed to cover up the fallen place of the bark, and during Chol Hamoed you can't do it, so here we say that the kashya is, what is the difference? In both cases, you're not allowed to work. So why is it not allowed during Chol Hamoed and it is allowed during Shemitah? So he says this is no kashya: 诪讬 讚诪讬? How can you compare the two? 砖讘讬注讬转 诪诇讗讻讛 讗住专 专讞诪谞讗, 讟专讞讛 砖专讬. During Shemitah, the Torah just said that to do melachah, to do work, is forbidden, but just to do a tirchah, just an occupation, that is permitted. 诪讜注讚, during 讞讜诇 讛诪讜注讚, 讗驻讬诇讜 讟专讞讛 谞诪讬 讗住讜专. To occupy yourself and to be 诪讟专讬讞 yourself is also asur. And therefore, even though these things are not a melachah, they are just a tirchah, still on Chol Hamoed it is assur. But in Shemitah, when a tircha is mutar, that's why it is mutar to take out the worms or to cover the place of the fallen bark. So it couldn't be that this is the kashya. Ela, so

Kashya about zihum (patching) versus gizzum (pruning)

therefore, what is the kashya? 讝讬讛讜诐 讗讙讬讝讜诐 拽讗 拽砖讬讗 诇讬讛. His kashya was between the patching of the bark and the pruning. 诪讗讬 砖谞讗 讝讬讛讜诐 讚砖专讬, what is the difference? Why is the patching of the bark allowed, 讜诪讗讬 砖谞讗 讙讬讝讜诐 讚讗住讜专, why is pruning assur? Because, as we said in the beraita, that on Shemitah you are allowed to cover the place of the fallen bark, but it says that 讻讗谉 讜讻讗谉 讗讬谉 诪拽讝诪讬谉, that Yom Tov, Chol Hamoed and Shemitah you can't prune. What is the difference? And that was his kashya. But if this is his kashya: 诪讬 讚诪讬? How can you compare the two? 讝讬讛讜诐 讗讜拽诪讬 讗讬诇谞讗. When you patch the place of the bark, all that does is it preserves the tree, 讜砖专讬, therefore it's mutar. It doesn't make the tree grow better. It only preserves it the way it is. That's allowed during Shemitah. 讙讬讝讜诐, but when you prune it, 讗讘专讜讬讬 讗讬诇谞讗, that makes the tree better, 讜讗住讜专, and it is forbidden. As we said before, that if it is to make the tree grow better, that is forbidden in Shemitah. So the difference between these two dinim is obvious. So it can't be that this was his question. 讗诇讗 讝讬讛讜诐 讗讝讬讛讜诐 拽讗 拽砖讬讗 诇讬讛. You must say his kashya was between the din of 讝讬讛讜诐 itself. This din that you're allowed to patch the place of the bark, we find a contradiction in that din.

Mishnah vs Beraita on patching the bark

讚拽转谞讬, because in this beraita that he brought, it says: 诪转诇讬注讬谉 讜诪讝讛诪讬谉 讘砖讘讬注讬转, that you're allowed to take the worms out and you're allowed to patch the place of the bark during Shemitah. 讜专诪讬谞讛讜, and I will ask you a kashya, we learned the Mishnah in Sheviit: 诪讝讛诪讬谉 讗转 讛谞讟讬注讜转, it says that we're allowed to patch the bark of the plant, 讜讻讜专讻讬谉 讗讜转谉, we're allowed to enwrap them, 讜拽讜讟诪讬谉 讗讜转谉, and you're allowed to cover them with powder, 讜注讜砖讬谉 诇讛诐 讘转讬诐, and you can make supports for them, 讜诪砖拽讬谉 讗讜转谉, and you could water them, but you could do this 注讚 专讗砖 讛砖谞讛, up to Rosh Hashanah before Shemittah. So it comes out from there: 注讚 专讗砖 讛砖谞讛 讗讬谉, only up to Rosh Hashanah before Shemittah you're allowed to do this, 讘砖讘讬注讬转 诇讗, but during Shemittah you're not allowed to do this. And one of the things mentioned in that Mishnah is 诪讝讛诪讬谉, is patching the place of the fallen bark. So in this Mishnah it comes out that during Shemittah itself you're not allowed to do this, and in the beraita that he brought, it says that you're allowed to do this during Shemittah. And this was the question he had. But the Gemara says if this was the question, the answer could be: 讜讚讬诇诪讗, maybe 讻讚专讘 注讜拽讘讗 讘专 讞诪讗, maybe he holds like Rav Ukva bar Chama, 讚讗诪专 Rav Ukva bar Chama, Rav Ukva bar Chama said, 转专讬 讻砖拽讜砖讬 讛讜讜. He says there are two kinds of hoeing olive tree: 讞讚 诇讗讘专讜讬讬 讗讬诇谞讗, one is that when you do it to strengthen the tree, 讜讗住讜专, and this will be forbidden, 讜讞讚 诇住转讜诪讬 驻讬诇讬 讜砖专讬. One is just to close up the cracks and that is 诪讜转专, because this means that you close up the cracks in the soil around the roots, so the purpose is only to preserve the tree, but not to make it better. So just like Rav Ukva bar Chama said that there are two kinds of 讻砖拽讜砖讬, one is 讗住讜专 and one is 诪讜转专, the one to make the tree better is 讗住讜专, and the one just to preserve the tree is 诪讜转专, 讛讻讗 谞诪讬, so we could say too, 转专讬 讝讬讗讜诪讬 讛讜讜. There are two kinds of 讝讬讛讜诐, two kinds of covering up the place of the fallen bark: 讞讚 诇讗讜拽诪讬 讗讬诇谞讗 讜砖专讬, one is just to preserve the tree and that is allowed, 讜讞讚 诇讗讘专讜讬讬 讗讬诇谞讗 讜讗住讜专, and one is to make the tree better and that is 讗住讜专. So it comes out there is no contradiction between the Mishnah and the beraita. In the beraita where it says you're allowed to be 诪讝讛诐, to smear and cover up the place of the fallen bark on Shemittah, is the kind that you do only to preserve the tree. In the Mishnah where it says you only could do it up to 专讗砖 讛砖谞讛, but not from 专讗砖 讛砖谞讛 on, that is the kind that makes the tree better. So it couldn't be that this was his 拽砖讬讗. 讗诇讗 therefore you must say, 住讬讻讛 讗住讬讻讛 拽讗 拽砖讬讗

Contradiction over smearing oil on trees

诇讬讛. His 拽砖讬讗 was the contradiction in the din of smearing it with oil. 讚拽转谞讬, because it said, 住讻讬谉 砖诪谉 诇讙讜讝诐 讘讬谉 讘诪讜注讚 讘讬谉 讘砖讘讬注讬转, in the Beraisa it said that you're allowed to smear oil to the tree that already was pruned. Chol Hamoed and on Sheviit you could do it, 讜专诪讬谞讛讜, and now we will ask you a question. It says in the Mishnah in Sheviit: 住讻讬谉 讗转 讛驻讙讬谉. You're allowed to smear the figs. 讜诪谞拽讘讬谉, and you're allowed to perforate them, make holes in them. 讜诪驻讟诪讬谉 讗讜转谉, and then you fill up the holes with oil. All this is to make it better, to make it fatter. So you're allowed to do this 注讚 专讗砖 讛砖谞讛, to 专讗砖 讛砖谞讛 before Shemitah. So it comes out 注讚 专讗砖 讛砖谞讛, 讗讬谉, up to 专讗砖 讛砖谞讛 you're allowed, 讘砖讘讬注讬转, 诇讗, but during Shemitah itself you're not allowed. So it comes out from this Mishnah that you're not allowed to smear the fruits during Shemitah itself, while in the Beraisa that he brought before, it said 讘驻讬专讜砖 that you're allowed to smear the place that was pruned with oil in Chol Hamoed and in Sheviit. So it seems as if you are allowed to smear it during Shemitah. And the Gemara says this is no question, because 诪讬 讚诪讬? How can you compare the two? 讛讻讗 讗讜拽讜诪讬 讗讬诇谞讗 讜砖专讬, here in the case of smearing the pruned tree, that is just to preserve the tree, that's why it's allowed. 讛转诐, but over there where we say that you're not allowed to fatten, smear with oil the fruit during Shemitah, because 驻讟讜诪讬 驻讬专讗, it is to fatten the 驻讬专讗, to make it better, 讜讗住讬专, that is forbidden. 诪诪讬诇讗 this is no kashya either. 讗诪专 诇讬讛 专讘 住诪讗 讘专讬讛 讚专讘 讗砖讬 诇专讘讬谞讗 讘专 讬专诪讬讛 - so Rav Sama the son of Rav Ashi said to Rav Yirmiyah, Ravina bar Yirmiyah, or the way it says on the side it's supposed to be Rava bar Yirmiyah, because this is the one that we are talking about here - he said to him, 住讬讻讛 讚诪讜注讚 讗讝讬讞讜诐 讚诪讜注讚 拽讗 拽砖讬讗 诇讬讛. His kashya was the contradiction between the din of smearing during Chol Hamoed and covering up the patch, the place of the fallen bark during Chol Hamoed, that's his kashya. Because as it said in the Beraisa there, that during Chol Hamoed you're not allowed to cover up the place of the fallen bark, but nevertheless it said there that during Chol Hamoed you are allowed to smear oil in the place that was pruned. That's his kashya. 诪讻讚讬, 讛讗讬 讗讜拽讜诪讬 讜讛讗讬 讗讜拽讜诪讬, after all, both of them are only just to preserve the tree, not to make it better, 诪讗讬 砖谞讗 讛讗讬 讚砖专讬 讜诪讗讬 砖谞讗 讛讗讬 讚讗住讜专? What is the difference? Why is this mutar? Why is smearing oil to the pruned place allowed and to patch up the place of the fallen bark is not allowed? 讛讬讬谞讜 讚拽讗诪专 诇讬讛, this is what he meant to say when he said, 诇讬转 谞讙专 讜诇讗 讘专 谞讙专 讚讬驻专拽讬谞讛, that there is no chacham or son of a chacham is able to answer it. This was the hardship in this braita, and this actually has no answer.

Markulis name and avodah zarah discussion

Concerning what we learned before, that the Gemara brings where he says in the braita that 讗诇讜 讛谉 讗讘谞讬 讘讬转 拽讜诇讬住, 讗讞转 诪讻讗谉 讜讗讞转 诪讻讗谉 讜讗讞转 注诇 讙讘讬讛谉, that the stones of 讘讬转 拽讜诇讬住 is that one is from one side, one is from the other, one is on top. So Rabbeinu Tam asked a question in Tosafot, how can we bichlal mention the name of that avodah zarah? The din is, as it says in 驻专拽 讚' 诪讬转讜转 in Sanhedrin 讚祝 住"讙, that you are not allowed to mention a name of avodah zarah, because the pasuk says that 讜砖诐 讗诇讛讬诐 讗讞专讬诐 诇讗 转砖诪讬注讜, that the names of the idols should not be mentioned by you. Only those names of avodah zarah that are mentioned in the Torah you are allowed to mention, but if it is not mentioned in the Torah you're not allowed to mention it. And since Markulis is not mentioned in the Torah, so how are we allowed to mention that name? So Rabbeinu Tam says that the real name was not actually Markulis, the real name was 讻讬诇讜住. And 讻讬诇讜住 means from the 诇砖讜谉 砖讘讞, praise. What the 讞讻诪讬诐 did, they changed it from the word 讻讬诇讜住 to the word 拽讜诇讬住. And that's the meaning of the word Markulis. 诪专 means change, Markulis means it was changed to 拽讜诇讬住. 拽讜诇讬住 comes from the word 诇讜注讙 讜拽讜诇住, which is just the opposite of praise. So this name Markulis is allowed to be said, because this is not the real name of the avodah zarah, on the contrary, this is to make fun of the avodah zarah. Also, when the Gemara said that 讘谞讜 砖诇 拽讚讜砖讬诐 walks on those stones, how come you don't walk? And the Gemara explains that who is 讘谞讜 砖诇 拽讚讜砖讬诐? This is Rabbi Menachem bar Rabbi Simai. And why do we call him 讘谞讜 砖诇 拽讚讜砖讬诐? Because he wouldn't even look at the 爪讜专讛 of the coin of the 讝讜讝. So Tosafos asks a kashya: why is this a special thing that because of that we call him 讘谞讜 砖诇 拽讚讜砖讬诐? Al pi din you're not allowed! Because the Gemara says in 砖讘转 讚祝 拽诪"讟 注诪讜讚 讗': 讚讬讜拽谞讗 注爪诪讛 讗住讜专 诇讛住转讻诇 讗驻讬诇讜 讘讞讜诇, that on the picture itself, on the face itself, you're not allowed to look. So it comes out that you are al pi din not allowed to look at the face of the avodah zarah, the picture of the avodah zarah. So when he did not look at the picture that's on the 讝讜讝, it wasn't a midat chasidut, it wasn't a hidur, it was a din! So why is it such a special thing that we call him because of that 讘谞讜 砖诇 拽讚讜砖讬诐? And the reason for the issur is because it says 讗诇 转驻谞讜 讗诇 讛讗诇讬诇讬诐, And therefore we're not allowed to look at it. So when he did not look at it, he only did what is supposed to be done al pi din. And Tosafos answers that since this is a picture on a coin that everyone is used to, there is no issur in looking at it, because as we said before, the whole reason for the issur is because 讗诇 转驻谞讜 讗诇 讛讗诇讬诇讬诐. By looking at it, you will turn to the elilim, but this is only something that you're not used to. But something that's very common, that you constantly see, this will not bring you to turn to the avodah zarah, and therefore the issur does not apply to it. And still he did not look at it, this was a midat chasidut, and because of that they called him Nachum Ish Kodesh Kodashim. Concerning the din that the Gemara brings later on, that 讗讬谉 诪讟诇讬谉 讜诪讝诪诪讬谉 讘诪讜注讚, that on Chol Hamoed you're not allowed to take the worms out of the tree, and you're not allowed to patch up the place where the bark fell, and the reason is because on Chol Hamoed you're not allowed to do any melachah, so Tosafos says we must say that this is talking in a case that it will not get spoiled if you will wait to do this till after Chol Hamoed. Because if it will be spoiled, so then this is a 讚讘专 讛讗讘讚, and the din is that a 讚讘专 讛讗讘讚 you're allowed to do. So obviously we must be talking in a case where it could wait till after Chol Hamoed. Another pshat Tosafos says that be'emet could be that this is a 讚讘专 讛讗讘讚, it will spoil the tree, and nevertheless it is assur because it is a 讟专讞讗 讬转讬专讛. It is a special bother, a very big job, and that is not allowed to be done even if it is a 讚讘专 讛讗讘讚. As the Gemara says in the first perek of Moed Katan, that you're not allowed to be 诪砖拽讛 讝专注讬诐 讘诪讬 讻讬诇讜谉 because of a 讟专讞讗 讬转讬专讛. With 诪讬 砖诪讬诐, with water, rainy water, you are allowed to water the 讝专注讬诐, and the reason is because it's a 讚讘专 讛讗讘讚. But if it is a 讟专讞讗 讬转讬专讛, you're going to do it in such a way which is a very big bother, you're not allowed. So we see from there that if it's a 讟专讞讗 讬转讬专讛, you're not allowed to do it even if it's a 讚讘专 讛讗讘讚. So therefore maybe here, too, this to do this that 诪讟诇讬谉 讜诪讝诪诪讬谉, maybe is a 讟专讞讗 讬转讬专讛, and therefore even if it's a 讚讘专 讛讗讘讚, you're not allowed to do it on Chol Hamoed. When the Gemara later on brought the Mishnah where it says that you're allowed to water it, but only till Rosh Hashanah, not after Rosh Hashanah, so Rashi explains that lichora, why should you be able to do it till Rosh Hashanah? The din is that 注讘讜讚转 讛讗讬诇谉 is assur 30 days before Rosh Hashanah, that do work with the tree you're not allowed to do 30 days before Shemitah. So it comes out that you shouldn't be able to water it not only after Rosh Hashanah, but 30 days before Rosh Hashanah. So how come the din is that you're allowed to water it up to Rosh Hashanah? And Rashi answers because this din that you're not allowed to do it for 30 days is only derabbanan, so concerning this din the Rabbanan did not make a gezeirah. But Tosafot asks a kushya, what does Rashi mean? According to Rabbi Akiva, he holds 转讜住驻转 砖讘讬注讬转 讚讗讜专讬讬转讗. This extra time before Shemitah that you're not allowed to do the avodah is a 讚讬谉 讚讗讜专讬讬转讗, not a derabbanan. He learns it out from the 驻住讜拽 讘讞专讬砖 讜讘拽爪讬专 转砖讘讜转. If it's according to Rabbi Yishmael, he holds that this issur is 讛诇讻讛 诇诪砖讛 诪住讬谞讬, but it's not derabbanan, so where does Rashi take it that this din is a 讚讬谉 讚专讘谞谉? So therefore Tosafot learns that the peshat is that we're talking about 砖讘讬注讬转 讘讝诪谉 讛讝讛 讚专讘谞谉, and it goes according to Rabbi, as Abaye says in Perek Kama d'Moed Katan. And according to Rava the peshat is that since we're talking here about watering it, now watering is only a toldah, and mid'oraita only avot are asur, not toldot. Just like by Shabbat we have avot and toldot, we have melachot which are considered the father, the main melachot, and then we have toldot, children, so to speak, branches of the original main melachot, so by shemittah we also have certain melachot are called avot and certain melachot are called toldot. Now to water is only a toldah, so we will say that only avot did the 转讜专讛 讗住专, but not toldot. Another 驻砖讟 Tosafot says that only melachot of plowing and planting is d'oraita, but all other melachot are derabbanan. So obviously watering is only a 诪诇讗讻讛 讚专讘谞谉. Since it's only a 诪诇讗讻讛 讚专讘谞谉, the rabbanan did not make the issur 30 days before Shemitah. Concerning what you mentioned before from Tosafos that even though normally you're not allowed to mention a name of avodah zarah that was not written in the Torah, but in this case of Markulis they are allowed because the original name was 讻讬诇讜住, which is from the lashon of 砖讘讞, from the expression of praise, and the chachamim changed it to 拽讜诇讬住, which is in the lashon of 诇注讙 讜拽诇住, which means disgust. So in a case like that they're allowed even if it's not written in the Torah. It seems from Tosafos that this is another way you're allowed to mention a name of avodah zarah: one way is if it was written in the Torah, and another way is if the name was changed to a name of disgust instead of praise. But be'emet we could say that not that this is a second way you're allowed to mention the name of avodah zarah, but in essence, when the Gemara says that you're allowed to name mention a name of avodah zarah which is written in the Torah, it is for the same reason. Because the Yera'im in 住讬诪谉 注状讛, or in the Yera'im HaShalem it's in 住讬诪谉 专诪状讛, it says that the reason why an avodah zarah which is written in the Torah you're allowed to mention its name is 讻讬讜谉 砖讛转讜专讛 讛讝讻讬专讜 讜讚讗讬 谞转讘讝讛. 谞转讘讟诇讛. Since the Torah mentioned it, it definitely was 谞转讘讟诇 already. So therefore, there is no more reason not to mention it. But lechora, if we learn the pshat in the Yera'im simply, it's not understood, because how do we know that, that since the Torah mentions it, it's 讜讚讗讬 谞转讘讟诇, certainly certainly it was 讘讟诇 already, who says? Maybe the Torah mentions it, it's not 讘讟诇. And the truth is, we find befeirush that there are certain avodah zarot mentioned in the Torah and they were not 谞转讘讟诇. For instance, the avodah zarah of Ba'al Pe'or which is mentioned in Parashat Balak, and nevertheless, we find many places in Gemara that it wasn't nitbatel. The Gemara says 讛驻讜注专 注爪诪讜 诇讘注诇 驻注讜专, if you worship the Baal Peor in such and such a way, you are over. Obviously that Baal Peor still existed in the time of the Gemara. And the Gemara in 住谞讛讚专讬谉 讚祝 住"讚 注诪讜讚 讗' shows a 诪注砖讛 讘驻讜注诇 that they worshiped Baal Peor. So we see that 注讘讜讚讛 讝专讛, that's mentioned in the Torah and it's not 讜讚讗讬 谞转讘讟诇. So therefore we must say the pshat in the Yereim that he doesn't mean that since it's mentioned in the Torah it's 讜讚讗讬 谞转讘讟诇, that it was 讘注爪诐 讘讟诇. What it means is that since it's mentioned in the Torah, so it's 讜讚讗讬 谞转讘讟诇 by the Yid who mentions it. Because the 注讘讜讚讛 讝专讛 that's mentioned in the Torah, so the 驻砖讟讜转 is the purpose of the Torah mentioning the 注讘讜讚讛 讝专讛 is to bring out how they are 讗驻住 讜讛讘诇 讜讗讬谉 讘讛诐 诪讜注讬诇, that they have no mamash, how false they are. Like for instance, the pasuk in Chukas, 拽驻讬讟诇 讻"讗 驻住讜拽 讻"讟, "讗讘讚转 注诐 讻诪讜砖", or in Parshas Balak where the Torah speaks about Baal Peor, and it says "讜讬爪诪讚 讬砖专讗诇 诇讘注诇 驻注讜专". So the purpose of the story of the Torah is to show how the Yidden by worshipping the Baal Peor were punished. So it comes out that usually, that when the Torah mentions the name of 注讘讜讚讛 讝专讛, it is to show how it is nothing. So therefore we assume that when an Yid mentions the name of 注讘讜讚讛 讝专讛 that's written in the Torah, he mentions it with the same 转讜讻谉, with the same meaning as it is written in the Torah. And just like when it's written in the Torah it is to be mevatel it, when an Yid mentions that avodah zarah that's written in the Torah, it is also in order to be mevatel it. That's what the Yereim means, you could say. That's the way the Lubavitcher Rebbe shlita explains in Likutei Sichos, 驻专砖转 讘诇拽, 讞诇拽 讻"讙, that the Yereim mean that 讜讚讗讬 谞转讘讟诇 by the Yid. That just like the Torah meant to be mevatel it, the Yid is also mevatel it when he mentions it. So for the same reason the Torah is allowed to mention it, the Yid is also allowed to mention it. This is me'ein of the din that the Gemara brings down in Sanhedrin, that 诪讜转专 诇讛转诇讜爪抓 讘讗诇讬诇讬诐, that you're allowed to make fun of avodah zarah, which means you mention their name, but the purpose of mentioning the name is in order to make fun of it. Which is similar to the 爪讬讜讜讬 where it says "讝讻讜专 讗转 讗砖专 注砖讛 诇讱 注诪诇拽", we should remember Amalek, and nevertheless, this is no contradiction to the chiyuv of "转诪讞讛 讗转 讝讻专 注诪诇拽", that you should end, you should erase, destroy the 讝讻专 of Amalek. How could the Torah say remember it? Because if you remember it in order to erase it, you're allowed to do it. The same thing here, you're allowed to mention it because this brings out how it is nothing, how it is batal, so when you're mentioning it, doesn't give it chashivus, adarabah, it brings to the bitul. So we could say that this is actually what Tosafos means: that since the Chachamim changed from the word 拽讬诇讜住 to 讻讜诇讬住, so they showed how it's not praised, but it is disgusted, this is the same idea as why an avodah zarah that's mentioned in the Torah you're allowed to mention. Just like

Permission to mention avodah zarah in Torah

over there you're allowed to mention it because we assume that when you mention the avodah zarah that is mentioned in the Torah, you mean to show how it's nothing, how it's disgusting, similar to what the Torah means with mentioning it, the same way if you make the name a little bit different to show how it is disgusting, you're also allowed. So it comes out that these two inyanim, that you're allowed to mention avodah zarah that's mentioned in the Torah, and also the Tosafos says that if you change the name to a disgust, you're allowed, they're not two separate inyanim, but both of they have the same 转讜讻谉.

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Avodah Zarah 51
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