Thank you everyone for joining with me as I celebrate my siyum on Mesechtas Orlah and Seder Zerayim. Seder Zerayim is the third Seder that I am finishing
Today's Siyum is L'iluiy Nishmas my Zeide, Abba Chacnoch Henoch ben Chaim Yehudah Aryeh Leib Hakohen, who passed away this past summer
I would like to thank my mother for supporting my learning and my father for learning with me.
Introduction to Last Mishnah in Messechtas Orlah
Mesechtas Orlah is the second to last Mesechta is Zerayim. The Mesechta discusses the Issur of Orlah--The torah teaches us that the fruit grown during the first three years of a tree's life is Assur to eat. The final Mishnah discusses what happens if you are not sure if the fruit comes from an Orlah Tree, meaning it is a Safek. The Mishnah will also discuss the Halacha when you have a Safek of Kelayim as well.
Kelayim is the issur of planting certain fruits and vegetables together. The Most Chumrah case is a vineyard (where grapes are grown) in which some grain grows.
Finally, the Mishnah will conclude with a few brief halochos regarding other agricultural mitzvos.
The Mishnah will break down the world into three regions. Eretz Yisroel, Suriya--which is to the northwest of Israel and because many Jews lived there, the Chachomim extended many of the agricultural rules to Suriya but not all of them. Finally, there is Chutz L'Aretz--outside of Eretz Yisroel.
When it comes to a safek--meaning, non-Jew has a field with both new and old trees and he is holding a fruit in his hand and we are not sure if it came from the old tree or the new tree---in Eretz Yisroel, you will have to be Machmir and cannot eat even questionable Orlah. this is because of the rule Safek D'orayso L'Chumrah.
In Suriya, it is generally permitted.
In Chutz Laretz, you can even go to his field of mixed trees and buy fruit so long as you dont see from which tree the fruit was taken,
Likewise, if a non-Jew grows vegetables in his vineyard and then brings them to the market for sale:
In Eretz Yisroel, these vegetables are Assur. In Suriya, they are Muttar--permitted. And in Chutz Laretz, you can even buy them straight from the vineyard so long as the non_jew picks them.
Finally, the Mishnah concludes describing the level of Issur of three agricultural halochos in chutz L'aretz.
Chodosh: the issur of eating new grain before the second day of Pesach is Assur D'orayso.
Orlah: the issur is either on of Halocho Moshe M'sinai or a Minhag
Kilayim of a vineyard is a Derabanan.
(ט) סְפֵק עָרְלָה,
בְּאֶרֶץ יִשְׂרָאֵל אָסוּר, וּבְסוּרְיָא מֻתָּר, וּבְחוּצָה לָאָרֶץ יוֹרֵד וְלוֹקֵחַ, וּבִלְבַד שֶׁלֹּא יִרְאֶנּוּ לוֹקֵט. כֶּרֶם נָטוּעַ יָרָק,
וְיָרָק נִמְכָּר חוּצָה לוֹ, בְּאֶרֶץ יִשְׂרָאֵל אָסוּר, וּבְסוּרְיָא מֻתָּר, וּבְחוּצָה לָאָרֶץ יוֹרֵד וְלוֹקֵט, וּבִלְבַד שֶׁלֹּא יִלְקֹט בַּיָּד. הֶחָדָשׁ, אָסוּר מִן הַתּוֹרָה בְּכָל מָקוֹם.
הָעָרְלָה, הֲלָכָה. וְהַכִּלְאַיִם, מִדִּבְרֵי סוֹפְרִים:
Doubtful orlah:
in the land of Israel is prohibited,
in Syria is permitted,
and outside the land one may go down and purchase [from a non-Jew] as long as he has not seen the non_jew gathering it.
A vineyard planted with vegetables [which are kilayim], and they [the vegetables] are sold outside of the field:
in the land of Israel these are prohibited,
and in Syria they are permitted;
outside the land of Israel one may go down and purchase them in the vineyard as long as he does not gather [them] with [one’s own] hand.
New [produce] is prohibited by the Torah in all places.
And orlah is a halachah.
And kilayim is a d'rabanan.
סליקא לן מסכת ערלה וסדר זרעים