Chullin 6a - 'Separation' of Non-Jew From Jews in Marriage Matters (Their Own Words! Read Carefully- Lot of Double Talk!) U_0102
Doc Tavish
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Kollel Iyun Hadaf's insights into the daily daf. The Kollel's
Pshat-oriented insights concentrate on Gemora/Rashi and on halachic
summaries of the more pertinent Sugyos. This issue had been prepared
by Rabbi Mordecai Kornfeld (MK) and Rabbi Zwi Wainstein (ZW). All
source material is duly noted.
Chullin 6a
1) TREATING THE KUTTIM LIKE NON-JEW
Since the Kuttim are like non-jews only on a rabbinic level, it would
stand to reason that they would be still be treated as Jews L'chumra.
If they were to make a Kiddushin with a Jewish woman, we would require
that they give her a Get, since they are actually Jews on a Torah
level. This is, in fact, the way the Halacha is recorded in Even
Ha'ezer 44:10.
However, the Rambam in his Peirush HaMishnah in numerous places seems
to say that a Kutti isn't a Jew even L'kula! (Peirush Hamishnah to
Nidah 7:3,4, etc.). This is certainly puzzling -- how can the Rabbanan
be Meikel if the Kutti is a Jew according to the Torah!
It is possible that the Rambam understood our Sugya based on his
thesis (in Hil. Isurei Biya 13:14-18) that when a Ger is Megayer and
we are not certain of his sincerity, we wait to see how he acts in the
future. If he seems to show true sincerity, it demonstrates that he
fully accepted Judaism and his Geirus was a valid one. If his later
actions show that he doesn't really fear Hashem, we assume that his
Geirus was never a valid one in the first place, for he never accepted
the Jewish religion in his heart. Perhaps it was found that the Kuttim
worshipped the form of a bird, it was decided that they never truly
accepted the religion in the first place (see Tosfos 3b SH Kasavar),
and therefore they were designated full-fledged non-Jews.
-MK
6b-------------------------------------------------------------6b
2) TERUMAH AND MA'ASER IN CHUTZ LA'ARETZ
Q: The Gemora tells us that if Beis She'an is Chutz La'aret (CL), then
it is exempt from Terumos and Ma'asros. Tosfos points out that there
are many Gemoras that discuss Terumah and Ma'aser that *must be* taken
from CL produce. When is CL obligated in Terumos and Ma'asros and when
is it exempt from them?
A:(a) Rabbeinu Tam says that CL is only exempt from D'mai (Terumos and
Ma'asros taken from produce that *may* have already had Terumos and
Ma'asros separated from it), but not from Vadai (a certain obligation,
such as produce that is freshly picked). Rebbi only allowed D'mai of
Beis She'an to be eaten without separating Terumos and Ma'asros.
(b) Tosfos says that Terumos and Ma'asros must be taken in CL only
from wheat, grapes and olives (upon which there is a biblical
obligation to remove Terumos and Ma'asros), but not from other fruits
or vegetables. (This may be Rashi's intention as well, DH Es Beis
She'an.)
(c) Rav David of Meilloun (quoted by Tosfos to Avodah Zarah 59a) says
that Terumos and Ma'asros must be separated from all CL produce. The
only difference between CL and Eretz Yisrael, is that we allow certain
leniencies when dealing with CL Terumos and Ma'asros, such as eating
first and separating Terumos and Ma'asros afterwards. This is what
Rebbi permitted in Beis She'an.
Q: But where does that leave us? Why aren't we separating Terumos and
Ma'asros from Jewish owned fields in the U.S. or Europe?
A: Tosfos tells us:
(a) Only areas in CL that are in close proximity to Eretz Yisrael have
the obligation of Terumos and Ma'asros (see also Rambam, Hil. Terumos
1:1)
(b) If we pay land tax to the gov't, then the land isn't really ours
(since the governor may confiscate it if we don't pay our dues.)
(c) The Amoraim annuled the rabbinic edict to separate Terumos and
Ma'asros from CL produce (-based on Yerushalmi D'mai 4:4)
(d) We act upon the conclusion of the Yerushalmi, which argues on the
Bavli and asserts that *no* Terumos and Ma'asros need ever be
separated in CL.
It should be noted that the Vilna Gaon planted in Vilna small field
and separated from his produce Terumos and Ma'asros as prescribed for
Israel. (Ma'aseh Rav)
-MK
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Tavish