Introduction to Tractate Bikkurim The Tractate explains the obligation of presenting First Fruits to the Temple, contained in Deut. 26:1-11. The first Chapter defines the obligation: who has to present his First Fruits and from where they can be presented. This leads to a discussion of the status of proselytes and the definition of the "Land flowing of milk and honey." Since there is a verse (Deut. 12:11) in which First Fruits are called "your hand's heave", the second Chapter is a general discussion of what is common to and what is different between First Fruits, heave, and second tithe The chapter also contains discussions of death as divine punishment and of criminal responsibility of juveniles. The third Chapter discusses the details of the Temple ceremony of communal presentation of First Fruits and includes a section on the signs of respect due elders. jwipi ps prao w ντ>·) ,ρ-|ίρ Ν'ϊη ρκ·>1>ρ ΡΎ>Ρ) ")VVD>3 ΥΡ :Ν n)Wtt (fol. 63c) -jin:i In -τ>η> -jiri} ^η^ίη -jiria yoian pis^p y\?i3D :ρπ> ^inp iN "Τ'Π'Ιρψ rpnp ρ·) .οη^ψ τη >ΊΓ) ysptfa cp^nn ΤΠ"! "ΡΓ^ΓΙ :Ι*ΠΊ ί^ψ ^ηιηι ί!?ψ rpn:i ,κ·>ΐ)ο -ΐΏίκ rmrp rn .unn Mishnah 1: Some people bring First Fruits and make the declaration1, some bring and do not make the declaration, and some do not bring. The following do not bring2: He who plants in his own but provines3 into a private or a public plot; and so he who provines from a private or a public plot into his own. If someone plants in his own and provines into his own but a private or public road is in the middle he cannot bring; Rebbi Jehudah says he brings. 1 The thanksgiving declaration offerings. Deut. 26:5-10. It is forbidden to bring 2 The reason is explained in profane food into the Temple. If there Mishnah 2. is no obligation to bring First Fruits 3 He bends a branch of a vine then there is a prohibition to bring. If down into the earth and has it reappear there is an obligation, a dedication elsewhere; cf. Kilaim 7:1, Note 1. must sanctify the First Fruits as Temple :pn:a inan") ί^ψ yoian ,'ino ρ-ήρ"! p-yD'a pwip Φ :n τχϊϊη :pnp Tjnian .N>2>? ro^n ip cpai_>V> :yiri> w τ^η^ψ HALAKHAH 1 545 Ν7Γ1 .N>np ni>»ri i>? ι!?'??* o>ai!?V> ^ρη» ΊΝ *ΡΓΡ>Ψ .n^n 1» γρπ ro>p^n in n>n ow? nnpN Halakhah 1: "Some people bring First Fruits and make the declaration," etc. He who plants in his own but provines into a private or a public plot cannot bring even from the old tree4; he who provines from a private or a public plot into his own cannot bring even from the new tree. That means that just as the new lives off the old5, so the old lives off the new. 4 The original one growing on his offshoot, the internal flow of sap own property. cannot be controlled. Since First Fruits 5 While the buried branch will have to be brought "from your land" grow new roots, as long as a connection (Deut. 26:2), any roots of the tree have exists between the original vine and its to be on the farmer's own property. >pi> >3*1 -ION .I^!? VT-P i!?nan DWI? iritis ijnv '3-1 nm .qjpniN n.133 ΓΡψΝΊ DWB Ν'ΙΟ O^O Π* 'NO ,p ΓΠ)?Ν Rebbi Johanan said, in all cases they judged by the rules of robbers. Rebbi Yose said, that is what the Mishnah6 means: "Why can he not bring? Because it was said {Deut. 26:2): 'the beginning of the First Fruits of your land.'" 6 Mishnah 1:2. 1£ΐ3ψ ΝΙΠ") >0'N '3") OW3 >Χ?ί> '11 .ίΟίρ"! Ν>30 nW")! rj>-pn ON η^»η ,ny\yi? i^sn wh >a-i own ηίν >a-i .Nb nywb νπ .obiyb ττινη .... *τ τ : ..... ... τ . *τ τ : τ τ ^ ·. o^yn·) inv"! ^ip rnjjpi η^νη -iia -i?in n>n ,Ν-τη ip nii> >a-n o^iy!? T>DLI> ο>νηψ ,·>ρί> rn rb -ray no ηη ny\y> N'b onon V^PO Ijnv 'a-fT iTri>'o Π30 >a*i -»ON .in o^iy> T>DLI> ΐ^-ιιψ ipso 546 BIKKURIM CHAPTER ONE Iva» INDI ."iD^ Ή*),? Ί^^Ο rn.in oivüö ")3nv -DSN·? •l^ia τη ny\j>> mvn ib ιτυψ It was stated: If he provined with permission7, he brings and makes the declaration. Rebbi Yose in the name of Rebbi Ammi: Only if the permission was permanent, not temporary. Rebbi Jonah in the name of Rebbi Ammi: Even temporary. The force of Rebbi Jonah comes from the following8: "If somebody digs a cistern, a ditch, or a cave, he may cut down as he works and the wood is his." Is the wood not as if temporary? What does Rebbi Yose do with this? Roots always regrow; since roots do regrow it is as if permanent. Rebbi Mana said, the statement of Rebbi Johanan supports my father9, as Rebbi Johanan said in all cases they judged by the rules of robbers. In our case, if he gave permission to provine even temporarily, the proviner is not a robber10. 7 Of the owner of the lot on Batra 2:12, R. Assi in the name of R. which the original vine stood or into Johanan holds that (invisible) roots do which the new vine is drawn. not influence the rules of First Fruits. 8 Mishnah Baba Batra 2:12. If 9 R. Jonah. somebody digs a cistern on his own 10 First fruits can always be property and in digging he comes upon brought if the farmer does not make roots from a neighbor's tree, he may illegitimate use of public or other cut off these roots and keep the wood people's private property. of the roots. In the Yerushalmi, Baba πϊ pn pvny ion ^-»l .vav? .rryv* ^an >»ip Nya ^n^ vr> nisa (foi. 63d) ΓΡψίο rn>?N rninn ion !?3n nrr .n$>? .q^niNü D>!m>3in-i7D ιη'ψ ly ρρτΝ Rebbi Zeriqan asked before Rebbi Zeüra: Is the Mishnah Rebbi's since Rebbi said, all roots live off one another11? He said to him, it is HALAKHAH 1 547 everybody's opinion. Here, the Torah said (Deut. 26:2): "the beginning of the First Fruits of your land," that all growth be from your land. 11 Orlah 1:1, Note 39. •pi η>? ,T>n? -ρπ> tjn^ro toy rpn> ϋρύη pi no mv >ι-π γργιπ ty η-ι own ΝΠΝ 'i-) τη»η tp/ii ί!?ψ tjiJi!? T-arn ί!?ψ :pn> ^υύπ lib^p? iN >N iN Jijtefa ronrinyi .Νψ»ο ,rm> >!*•)> ron* rov >51 -ION .Νΐτρη N>I> N>I> VN οίπ^η ΊΧ IN "P? ΝΊΠ ηοητ οίρρ rvnrjb ϊ»ιψ -DIÖD Ν>Ι> N'T? .-»DO DIRMN ΙΟ>ΓΙ Ν* ·Ν*ΙΊΡΐ N>I>? -DÖ NT»-N oipr? η» .oin^n Ί?»ψ ή!? NO'vya piii ,ΝΊόρ ii'Ni N>in pat»« ΝΏΫ-^? >ΙΨ IB -Ι»ΝΗ NI'W TO -DÖ ON INIS .I*VIRTO Ϊ^ΙΨ -PI»? .P>TOA .•ini^n "TV to »-po In the opinion of Rebbi Jehudah, what is the difference between him who plants on his own property and provines into a private person's and him who plants on his own and provines into his own and a private road is in between12? Rebbi Aha in the name of Rebbi Miasha, when he provined through a gourd or a pipe13. If he provined through a gourd or a pipe he should bring and make the declaration! Even according to the rabbis he should bring and make the declaration14! Rebbi Jonah said, Rebbi Jehudah had a problem. If somebody sells a path to another person15, does he sell him the place where the foot treads or does he sell him down to the abyss? If you say, he sold the place where the foot treads, he brings and makes the declaration. If you say, he sold down to the abyss, he should not bring at all. Because of the doubt he brings but does not make the declaration16. For the rabbis it is obvious that he sold down to the abyss. 548 BIKKURIM CHAPTER ONE Where do they differ? When he sells a path to another person. But if he sold him a field and reserved a path for himself, everybody agrees that he reserved for himself down to the abyss17. 12 In the first case, R. Jehudah owner of the path and is not agrees that he cannot bring First Fruits disqualified as a robber. but in the second case he permits 14 R. Aha's solution is rejected. bringing. 15 But he retains ownership of the 13 He tunnels under the ground fields on both sides of the path. which is not his and shields the branch 16 Since R. Jehudah mentions only there either by a clay or metal pipe or bringing but not making the by threading it through a pumpkin declaration. serving as a pipe. Since no roots can 17 If he extends branches under grow there, he does not steal from the the path, it is still in his property. pi nn .o>:n>\j» :jiri> -ρΊΐίη Sty tjiri!? pi np mv rpriyi ty >0>N .V^PJS? D>inn TH"! ^ o'lnn Tiwn nnri ϊϊη ρψίν "ρκ ιαπ ·)3>3Γΐ7 .iw1? ^-ρ πιν 'ii"! ν>·>γιν rmyoi rp>n>3 Nrupw η3 > 'an .imypi ni-iia rm> >2-1 tjs .ity ο>ιίπ nivi-j nnri ·))3γι ί^ν ^"Π nos .o^iiN γπ in 11 !?Νΐηψ Sty o>inn nwn nnri Nin -»on pn^»> in ni iwioyj >in nay ->ιψ>)? >t>v >in don .Νηρη nVvy^b -vng Sty irr) i? nwyb -vn» nu»!? .nor ιοί Diipn-^D·) ·)? In the opinion of Rebbi Jehudah, what is the difference between him who plants on his own property and provines into the public domain and him who plants on his own and provines into his own and a public road is in between? Rebbi Ammi said, Rebbi Jehudah holds with Rebbi Eliezer18, as we have stated there19: "One may not make a cavity under the public HALAKHAH 2 549 domain, cisterns, ditches, or caverns.