Rosh Hashanah 27

And all three dicta of Samuel are necessary.<span class="x" onmousemove="('comment',' For making clear to us his point of view.');">¹</span> For if he had told us only that the law follows R'Simeon B'Shezuri, I should have said that his reason was because we can rely on mixing; he tells us therefore that mixing is not to be relied on for anything.

And if he had told us that mixing is not to be relied on for anything, I should have said that he holds with the Rabbis;<span class="x" onmousemove="('comment',' So that if old and new have become mixed together, tithe for both parts of the mixture must proportionately be given from some other quarter.');">²</span> therefore he tells us that the halachah follows R'Simeon Shezuri.

If again we had only these two dicta, I should have said that Samuel contradicts himself;<span class="x" onmousemove="('comment',' By saying on the one hand that the law follows R. Simeon, which would imply that mixing can be relied on, and on the other that mixing cannot be relied on.');">³</span> he therefore tells us that the determining factor is in all cases the full ripening.<span class="x" onmousemove="('comment',' And this is the reason why the law follows R. Simeon.');">⁴</span>

And if he had told us [only] that the determining factor is in all cases the full ripening, I should have said that this applies also to produce and olives. Therefore he tells us that the halachah follows R'Simeon Shezuri where he expresses a different view.<span class="x" onmousemove="('comment',' From the Rabbis. That is, only in the case of beans etc. but not of produce, where Samuel would hold that the decisive factor is the growth of a third. [R. Hananel reads 'where they (R. Simeon b. Shezuri and the Rabbis) differ'].');">⁵</span>

[But if so], let him indicate [only] these two points; why does he tell us that mixing is not i all cases to be relied on? - His object is to tell us that for wine and oil mixing is to be relied on. It has been taught: R'Jose the Galilean says: After that thou hast gathered in from thy threshing-floor and from thy wine press:<span class="x" onmousemove="('comment',' Deut. XVI, 13.');">⁶</span>

[this tells us that] just as the [produce brought to the] threshing floor and the wine press have this special feature, that they are nurtured by the waters<span class="x" onmousemove="('comment',' This apparently includes both rain water and irrigation.');">⁷</span> of the outgoing year and are [consequently] tithed for the outgoing year, so all products which are nurtured by the waters of the outgoing year are tithed for the outgoing year.

This excludes vegetables, which are nurtured by the waters of the current year<span class="x" onmousemove="('comment',' Lit., 'the year that covers'. The year in which they are gathered.');">⁸</span> and are [consequently] tithed for the current year.

R'Akiba said: 'After that thou hast gathered it, from thy threshing-floor and thy wine press:' just as [the products brought to the] threshing-floor and wine press have this special feature that they are nurtured by rain water<span class="x" onmousemove="('comment',' Lit., 'most (kinds of) water'.');">⁹</span> and [consequently] are tithed for the outgoing year, so all products that are nurtured by rain water are tithed for the outgoing year.

This excludes vegetables, which are nurtured by all kinds of water<span class="x" onmousemove="('comment',' Including irrigation.');">¹⁰</span> and are consequently tithed for the current year.

Where do they [R'Jose and R'Akiba] differ in practice? - R'Abbahu said: They take different views with regard to seedless onions and Egyptian beans, as we have learnt:<span class="x" onmousemove="('comment',' Sheb. II, 9.');">¹¹</span> Seedless onions and Egyptian beans which have been kept without water for thirty days before New Year [and are gathered after New Year] are tithed for the outgoing year and are permitted in the Sabbatical year.

Otherwise they are forbidden in the Sabbatical year and are tithed for the current year.<span class="x" onmousemove="('comment',' Rashi gives two views as to what is implied in this. According to one opinion, if these vegetables have been kept without water for the last thirty days of the outgoing year, then R. Jose would hold that they must have been nurtured by the rain water of that year, and so are to be tithed for that year; whereas R. Akiba would hold that their growth is due in part to irrigation. and so they would be tithed for the next year; and the Mishnah quoted follows R. Jose. The other opinion is that as they have not been irrigated for thirty days, it is R. Akiba and not R. Jose who would hold that they have been nurtured by the rain of the outgoing year, and the Mishnah therefore follows R. Akiba. It was customary to withhold water from these two species for thirty days before plucking them so as to harden them.');">¹²</span> ON THE FIRST OF SHEBAT IS NEW YEAR FOR TREES. What is the reason? - R'Eleazar said in the name of R'Oshaia: Because [by then] the greater part of the year's rain has fallen<span class="x" onmousemove="('comment',' And the trees now begin to blossom.');">¹³</span> and the greater part of the cycle<span class="x" onmousemove="('comment',' The cycle of Tebeth; i.e., the winter season beginning at the winter solstice. V. supra p. 30, n. 5.');">¹⁴</span> is still to come. What is the sense of this? What it means is this: 'Although the greater part of the c is still to come, yet since the greater part of the year's rain has fallen, [therefore etc.]'. Our Rabbis taught: 'It is recorded of R'Akiba that he once plucked a citron tree on the first of Shebat and gave two tithes from