Talmud - Pesahim 52b פסחים נ״ב ב׳

One may continue eating dates based on those that have fallen off the tree and are stuck between the palm branches. But one may not continue eating on the basis of the dates that have fallen between the thorn branches, as animals are unable to reach them there. According to the first tanna in the mishna cited, one may continue eating fruit as long as an animal has access to its type, parallel to the opinion of the Rabbis with regard to removal. Rabban Shimon ben Gamliel’s opinion is parallel to the opinion of Rabbi Yehuda: If the fruit from a certain place is not available to all, one is required to remove it.

Since the Gemara discussed the point when Sabbatical Year produce must be removed in different places, it cites a mishna from tractate Shevi’it that deals with a similar topic. We learned there in a mishna: Eretz Yisrael is divided into three separate lands with regard to removal, Judea, Transjordan, and the Galilee. And there are three lands in each and every one of them: The valley, the mountains, and the plains, in which the halakhot of removal differ. And why did the Sages say that there are three lands with regard to removal if those lands themselves are further divided? It is so that people will eat in each and every one until a certain crop ceases from the field in the last of the regions that comprise it. Therefore, even if a certain fruit is no longer available in a particular region within the land, it may still be eaten there as long as it is available in one of the other regions.

The Gemara asks: From where are these matters derived, that it is permitted to continue eating a type of fruit that has ceased from the fields in a region, as long as it has not ceased elsewhere in the land, but that once it has ceased from the fields in the entire land it is prohibited, despite the fact that it has not ceased from the fields in the other lands? Rav Ḥama bar Ukva said that Rabbi Yosei bar Ḥanina said: The verse says with regard to land during the Sabbatical Year: “And for the cattle and the beasts that are in your land, all its produce may be eaten” (Leviticus 25:7), from which it is derived: As long as the undomesticated animals eat a type of produce from the field, one may feed that type to the domesticated animal in his house, as it still remains in the field. Deriving benefit from that type of produce is permitted. However, if that type of produce has ceased for the undomesticated animals in the field, cease providing it to your domesticated animal in the house.

And we learned as a tradition that an undomesticated animal in Judea does not develop on the produce of the Galilee, and an undomesticated animal in the Galilee does not develop on the fruits of Judea. In each region there are conditions uniquely suited to the species that live there (Sefat Emet). Animals wander from region to region within Judea or within the Galilee in search of food, but they do not stray beyond the borders of the land of their habitat.

The Sages taught: Sabbatical Year fruits that left Eretz Yisrael and went to the Diaspora must be removed in any place that they are located. Rabbi Shimon ben Elazar says: That is not so. Rather, the fruits should return to their place of origin in Eretz Yisrael and be removed there. According to his opinion, removal may not be performed outside Eretz Yisrael because it is stated: “In your land,” indicating that this activity may be performed only in Eretz Yisrael. The Gemara asks: Didn’t you derive from this verse that each of the three lands in Eretz Yisrael has a different halakhic status?

The Gemara answers: Read the phrase as both in the land and in your land. It is possible to derive two halakhot from this verse; one halakha is with regard to Eretz Yisrael in general, i.e., one may not perform removal outside of Eretz Yisrael, the land, and one is with regard to the different lands within Eretz Yisrael, your land. Alternatively, the second halakha can be derived from the extraneous words in the expression: “That are in your land,” as the Torah could have sufficed with the phrase: “In your land.”

The Gemara relates: Rav Safra left Eretz Yisrael and went to the Diaspora, and he had with him a jug of Sabbatical Year wine. Rav Huna, son of Rav Ika, and Rav Kahana accompanied him. He said to them: Is there anyone who heard from Rabbi Abbahu whether the halakha is in accordance with the opinion of Rabbi Shimon ben Elazar or not? According to his opinion, Rav Safra would be required to return the wine to Eretz Yisrael. Rav Kahana said to him that this is what Rabbi Abbahu said: The halakha is in accordance with the opinion of Rabbi Shimon ben Elazar, and one is required to return and perform removal of the Sabbatical Year produce in Eretz Yisrael. Rav Huna, son of Rav Ika, said that this is what Rabbi Abbahu said: The halakha is not in accordance with the opinion of Rabbi Shimon ben Elazar, and one may perform removal wherever he may be.

Rav Safra said: Take that principle of Rav Huna in your hand, i.e., rely on it, as he is scrupulous and he learned the halakha well from the mouth of its originator, as the Sage Raḥava from the city of Pumbedita would do. Raḥava was famous for the precision with which he would transmit material that he learned from his teacher. The Gemara cites an example: Raḥava said that Rav Yehuda said: The Temple Mount was a double colonnade [stav], as there was a colonnade within a colonnade there. Here Raḥava used his teacher’s language in describing the structure of the Temple and the rows of columns. He did not employ the common term used for a colonnade, itztaba, but rather stav, using the language he heard from his teacher. With regard to the case where Rav Safra relied on Rav Huna’s opinion and was lenient, Rav Yosef mockingly read the verse: “My nation ask counsel of their stock, and its staff [maklo] tells to them” (Hosea 4:12) and interpreted it homiletically with regard to Rav Safra: Anyone who is lenient [mekel] tells him the halakha. He listens to the opinion of only the Sage who rules leniently.

The Gemara continues to discuss the halakhot of the Sabbatical Year: Rabbi Elai chopped down a palm tree containing unripe dates of the Sabbatical Year. The Gemara asks: How did he do this? The Merciful One says: “And the Sabbatical produce of the land shall be for you to eat” (Leviticus 25:6), from which it is inferred: To eat and not to destroy. It is prohibited to destroy Sabbatical Year produce, and it is permitted only to eat it. And if you say that this restriction applies only in a case where it has reached the status of fruit, but in a case where it has not yet reached the status of fruit, no, it does not apply; didn’t Rav Naḥman say that Rabba bar Avuh said: Those orla date coverings are prohibited like other orla fruit, as their legal status is that of food because they became protection for the fruit? They are not considered part of the tree that may be eaten in the orla years.

The Gemara analyzes this: And when do these coverings serve as protection for the fruit? When the fruit is still young and one nevertheless calls them fruit. Dates are considered fruit even when they are undeveloped. Just as it is prohibited to eat these dates during the orla period, it is similarly prohibited to destroy them during the Sabbatical Year. The Gemara answers: It is Rav Naḥman who stated his opinion in accordance with the individual opinion of Rabbi Yosei, contrary to the majority opinion. As we learned in a mishna that Rabbi Yosei says: The grape bud, i.e., a cluster of grapes in its earliest stage, immediately after the flowers drop from the vine, is prohibited due to orla because it is already considered a fruit. However, the Rabbis disagree with him, explaining that fruit at that stage is not considered fruit.

Rav Shimi of Neharde’a strongly objects to this: Do the Rabbis disagree with Rabbi Yosei with regard to the fruits of all other trees besides grapes, that even in the very first stage of ripening, they are considered fruit? Didn’t we learn in a mishna: From when may one no longer chop down trees during the Sabbatical Year, as he thereby damages the fruit? Beit Shammai say: In the case of all the trees, from when the blossoms fall and fruit begins to emerge in its earliest stage. And Beit Hillel say: There is a distinction between different types of trees. The carob trees may not be chopped down from when they form chains of carobs; and the vines,

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Pesachim 52b explores Sabbatical Year removal rules, distinguishing accessible dates for animals and dividing Eretz Yisrael into regions for produce laws.