Calendar

Thursday, May 8, 2014

Rambam (Eyin Mishpat) on Daf Yomi, Rosh Hashanah 2 (Iyar 10, 5774)


Laws of Bechorot

Chapter 7

Halacha 6



All of the offspring born from the first of Tishrei until the twenty-ninth of Elul are combined and are tithed for each other. If five lambs are born on the twenty-ninth of Elul and five on the first of Tishrei of the following year, they are not combined. If an animal gave birth to offspring in its first year of life, it and its daughter should be brought into the corral together to be tithed.
 

Laws of Shemittah

Chapter 4

Halacha 9


The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years. [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit that reached the stage when tithes are required to be separated before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards. If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.

Chapter 10

Halacha 4

It follows that the year in which the [Second] Temple was destroyed, [more precisely, the year] beginning from Tishrei that was approximately two months after the destruction - for the reckoning of Sabbatical and Jubilee years begins in Tishrei - was the year following the Sabbatical year. It was the fifteenth year of the ninth Jubilee cycle.



According to this reckoning, this year which is the 1107 year after the destruction, which is the 1487th year according to the reckoning of legal documents, which is 4936th year after the creation, is a Sabbatical year and it is the 21st year of the Jubilee cycle.

Laws of Ma’aser Sheni

Chapter 1

Halacha 2

The first of Tishrei is the beginning of the year with regard to the reckoning of the tithes for grain, legumes, and vegetables. Whenever the term Rosh HaShanah is used [with regard to crops], the intent is the first of Tishrei. The fifteenth of Shvat is the beginning of the year with regard to reckoning the tithes for fruit-trees.
What is implied? If grain or legumes reach "the phase of tithing" before Rosh HaShanah of the third year, the second tithe should be separated from them even though they became fully developed and were gathered in the third year. If, however, they did not reach "the phase of tithing" until after Rosh HaShanah of the third year, the tithe for the poor should be separated from them. Similarly, if fruit from trees reaches "the phase of tithing" before the fifteenth of Shvat in the third year, it should be tithed according to the previous year and the second tithe should be separated from it even though it became fully developed and was gathered at the end of the third year. Similarly, if it reaches "the phase of tithing" before the fifteenth of Shvat in the fourth year, the tithe for the poor should be separated from it even though it became fully developed and was gathered at the end of the fourth year. If it reaches "the phase of tithing" after the fifteenth of Shvat, it should be tithed like the produce of the coming year.


Chapter 9

Halacha 8

The first of Tishrei is the beginning of the year with regard to the reckoning oforlah and neta reva'i. When do we begin counting the year with regard to these prohibitions? From the time the trees are planted. [A year does not have to be] from Rosh HaShanah to Rosh HaShanah. Instead, 30 days within a year are considered a year. [This applies] provided the planting takes root before these thirty days [begin]. How long does it take? Generally, the time for all trees to take root is two weeks.


Laws of Terumot

Chapter 5

Halacha 11

One may not separate produce from the present year as terumah for produce of the previous year, nor may one separate produce from the previous year asterumah for produce of the present year. If one made such a separation, it is not effective, as [indicated by Deuteronomy 14:22]: "From year to year." Thus if one harvested a vegetable on the day preceding Rosh HaShanah before sunset and harvested another after sunset, one may not separate terumah from one for the other. For one is considered "old" and the other, "new."
Similarly, if one harvested an esrog on the day before the fifteenth of Shvat on the evening before sunset and harvested another one after sunset [that day], one may not separate terumah from one for the other. [The rationale is that] the first of Tishrei is the Rosh HaShanah for tithing grain, legumes, and vegetables and the fifteenth of Shvat is Rosh HaShanah for tithing [of the produce] of trees.

Laws of Malveh veLoveh

Chapter 5

Halacha 1
Promissory notes that are predated are invalid, because they will be used to expropriate property from purchasers in an unlawful manner. Accordingly, our Sages penalized the lender, ruling that he may expropriate only property in the debtor's possession with a predated promissory note. This is a decree, enacted lest he expropriate property from the first, earlier, date.
Halacha 2
Postdated promissory notes are acceptable. For the legal power of the possessor of the promissory note has been diminished, for the lender can expropriate only property from the date of the promissory note. Even if the document does not state that it was postdated, it is acceptable.


DOWNLOAD A FREE COPY OF PEREK SHIRAH HERE!

Blog Archive