Showing posts with label Raavad. Show all posts
Showing posts with label Raavad. Show all posts
Monday, October 12, 2009
Ripening Grapes for the Spies
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When the spies were sent out to Eretz Yisroel, it is written [Bamidbar 13, 20]: It was the season when the first grapes begin to ripen.
The commentators ask: What is the purpose of this information? What is the Torah teaching us?
In the sefer Misbar Kerai, he answers based upon the Rambam (Mechirah 1, 16), who rules that the eating of produce constitutes an acquisition of a field. Accordingly, Moshe instructed the spies to eat from the fruits of the land, for this way, they will be acquiring Eretz Yisroel for the Jewish people.
And, he continues, even according to the Raavad, who disagrees with the Rambam and holds that the eating of produce does not constitute an acquisition of a field, for one must perform an act that is beneficial to the field in order to acquire it, such as locking a door, fencing it or making an opening, even a small amount, nevertheless, here, the eating of the produce would constitute an acquisition. For the Gemora in Bava Basra (119a) states that Eretz Yisroel was regarded as if it was in the possession of the Jewish people (even before the conquest). It therefore follows that a formal act of acquisition was not necessary; they just needed to demonstrate ownership. The Gemora in Pesachim (6b) states: If there are in a man’s field late figs (which will never ripen), and he is guarding his field on account of the grapes (which have not ripened yet); and similarly, if there are late grapes, and he is guarding his field on account of his cucumbers, the halachah is as follows: If the owner is not particular about them, they are not forbidden as theft and are not subject to the halachos of tithing, for ownerless produce is exempt from tithing. Evidently, produce at the end of their season are considered ownerless. If someone would take this produce at that time, he would not be demonstrating ownership at all. This is why the Torah stressed that the spies went at the time when the grapes were beginning to ripen, for then, the eating of the grapes would be demonstrating ownership.
Read more!
When the spies were sent out to Eretz Yisroel, it is written [Bamidbar 13, 20]: It was the season when the first grapes begin to ripen.
The commentators ask: What is the purpose of this information? What is the Torah teaching us?
In the sefer Misbar Kerai, he answers based upon the Rambam (Mechirah 1, 16), who rules that the eating of produce constitutes an acquisition of a field. Accordingly, Moshe instructed the spies to eat from the fruits of the land, for this way, they will be acquiring Eretz Yisroel for the Jewish people.
And, he continues, even according to the Raavad, who disagrees with the Rambam and holds that the eating of produce does not constitute an acquisition of a field, for one must perform an act that is beneficial to the field in order to acquire it, such as locking a door, fencing it or making an opening, even a small amount, nevertheless, here, the eating of the produce would constitute an acquisition. For the Gemora in Bava Basra (119a) states that Eretz Yisroel was regarded as if it was in the possession of the Jewish people (even before the conquest). It therefore follows that a formal act of acquisition was not necessary; they just needed to demonstrate ownership. The Gemora in Pesachim (6b) states: If there are in a man’s field late figs (which will never ripen), and he is guarding his field on account of the grapes (which have not ripened yet); and similarly, if there are late grapes, and he is guarding his field on account of his cucumbers, the halachah is as follows: If the owner is not particular about them, they are not forbidden as theft and are not subject to the halachos of tithing, for ownerless produce is exempt from tithing. Evidently, produce at the end of their season are considered ownerless. If someone would take this produce at that time, he would not be demonstrating ownership at all. This is why the Torah stressed that the spies went at the time when the grapes were beginning to ripen, for then, the eating of the grapes would be demonstrating ownership.
Posted by Avromi at 10/12/2009 03:04:00 PM 0 comments
Labels: daf yomi, eretz yisroel, Gemora Bava Basra 119, Gemora Bava Basra 52, Gemora Pesachim 6, maaser, Parshas Shelach, Raavad, Rambam Mechira
Tuesday, May 19, 2009
Majority of Jews
And Rabbi Shimon ben Elozar also said: If one rescues anything from a lion, a bear, a leopard, a hyena, or from the tide of the sea, or from the flood of a river, or if one finds anything on the highway, or in a big public square, or in any place where many people are commonly found, it belongs to the finder because the owner has given it up from recovering them.
They inquired: Did Rabbi Shimon ben Elozar state his halachah (that one may keep a lost object when he finds it in any place where many people are commonly found) only in a place where the majority of the people are Canaanites (for one is not obligated to return a Canaanite’s lost object, and even if it belongs to a Jew, he would have given up hope of recovering it), or did he state his halachah even in a place where the majority of the people are Jews?
Tosfos explains that since it was found in a place where there are many people, there are certainly dishonest people amongst them who will not be concerned about the mitzvah of returning a lost article; therefore, the owner will despair of recovering it.
The Raavad explains that it is because the minority of Canaanites that reside in the area are regarded as significant, and we may assume that it fell from them. And even if it fell from a Jew, the Jew will despair from recovering it, for he will assume that a Canaanite will find it and keep it for himself.
Tosfos asks: Why are these reasons necessary? Could we not apply the principle that we do not follow the majority with respect to monetary law? Let the finder say that perhaps it fell from a Canaanite, and it cannot be taken away from him, for he is a muchzak (he is presently holding it, and there is no proof against him)!?
Tosfos answers that this principle only applies in cases where the money came into his hands with permission; however, in our case, the owner had no knowledge that it entered his possession – the finder’s chazakah is not stronger than the majority.
Read more!
They inquired: Did Rabbi Shimon ben Elozar state his halachah (that one may keep a lost object when he finds it in any place where many people are commonly found) only in a place where the majority of the people are Canaanites (for one is not obligated to return a Canaanite’s lost object, and even if it belongs to a Jew, he would have given up hope of recovering it), or did he state his halachah even in a place where the majority of the people are Jews?
Tosfos explains that since it was found in a place where there are many people, there are certainly dishonest people amongst them who will not be concerned about the mitzvah of returning a lost article; therefore, the owner will despair of recovering it.
The Raavad explains that it is because the minority of Canaanites that reside in the area are regarded as significant, and we may assume that it fell from them. And even if it fell from a Jew, the Jew will despair from recovering it, for he will assume that a Canaanite will find it and keep it for himself.
Tosfos asks: Why are these reasons necessary? Could we not apply the principle that we do not follow the majority with respect to monetary law? Let the finder say that perhaps it fell from a Canaanite, and it cannot be taken away from him, for he is a muchzak (he is presently holding it, and there is no proof against him)!?
Tosfos answers that this principle only applies in cases where the money came into his hands with permission; however, in our case, the owner had no knowledge that it entered his possession – the finder’s chazakah is not stronger than the majority.
Posted by Avromi at 5/19/2009 08:39:00 PM 0 comments
Labels: daf yomi, ein holchin b'mamon achar ha'rov, Gemora Bava Metzia 24, majority minority, Raavad, tosfos
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