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31.4 - Sukkah Daf 39 A (10 lines Up)


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 Summary 

 Mishna: 

If one buys a lulav from an [am ha’aretz] in the Shemittah year, the seller should give him the esrog for free because one is not permitted to buy fruit from an am ha’arts during Shemittah. (Since sukkos is at the beginning of the seventh year, the lulav is a sixth year lulav and permissible, but the esrog is counted from the time of its picking, making it a seventh year esrog [31.6]).

 Gemara: 

 Question: What if he doesn’t wish to give it for free?

 Rav Huna: The price of the esrog may be included in the lulav’s price.

 Question: Why can’t one just pay for the esrog straight out **?

 Response: Because money of shemittah -fruit cannot be given to an am ha’aretz*.

 Beraisa: More than three meals worth of shemittah-fruit money cannot be given to an am ha’aretz [because the money has kedushas shevi’is and is transferred to whatever is bought with the money. So we don’t trust the am ha’aretz to use it only for food. Since he may need to purchase three meals at a time - before Shabbos - we allow him this amount of money]. If he was given more money the giver must make a pronouncement that the money should be redeemed for other fruits.* Those fruits then acquire kedushas shvi’is. But this is only if the am ha’aretz is leaving it hefker, but if his garden is kept locked, then even the smallest coin shouldn’t be given to him (because if it’s not hefker, it’s ossur b’hana’ah - [the Tosfos on this is included in tomorrow’s shiur]). 

Click here to listen to the shiur with Tosfos

https://drive.google.com/file/d/1RQt72CWDtlAq-wLw5-VO26sBzXbksLlv/view?usp=sharing

* Tosfos: He can’t make transactions with his property which is no longer in his possession. This is a punishment for him because he gave the money to the am ha’aretz. 

* *Tosfos: It isn’t considered business with shemittah -fruit as long as the seller didn’t pick the fruit to sell. The Yerushalmi adds that even if one picked the fruit himself, he may sell it, if it’s mixed with fruit picked by someone else. The “sochrei shvi’is” criticized by the gemara is a case where they set up an official shop which is always forbidden. Or perhaps it refers to people who buy and sell at a profit.

* Rashi: Since the money has kedushas Shevi’is it must be spent before the zman biur. Tosfos: What about the things that don’t have biur? The reason is because we’re worried he would spend the money on things he is not allowed to use shevi’is money for.

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