Kiddushin 37: What Can Be Learned From "Dwelling"

A new Mishna: Any mitzvah that is dependent on the ground itself, aretz, applies in Eretz Yisrael only. Any mitzvah that is not dependent on the land applies both in Eretz Yisrael and outside of Eretz Yisrael.  Two exceptions: the mitzvot of orla and of chilim, diverse kinds, which apply in all places.  Rabbi Eliezer says that this halacha applies regarding the prohibition to eat from the chadash, the new crop, before the omer offering has been brought on Nisan the 16th, as well.

The Gemara first looks to define which mitzvot are dependent on the land and which are not.  Rav Yehuda argues a mitzvah that obliges a person's body applies to actions in and outside of HaAretz.  A mitzvah that obliges the land applies only inside of HaAretz.  The Sages stretch to find proof texts for this interpretation through an examination of Deuteronomy (12:1-2).  

Next, the Gemara asks about the exceptions: the halachot of orla and diverse kinds.  Orla teaches that it is prohibited to eat or derive benefit from the fruit of a tree until the tree is three years old.  Chilim restricts crops to one species in one place at one time.  In particular, vineyards must be kept separate from crops (or even seeds) of grains and vegetables.  The Gemara wonders about Rabbi Eliezer's suggestion that chadash, grain that ripened before the second day of Pesach, is included in the list of exceptions and should be observed in all lands.  Is he interpreting leniently or stringently?  With which rabbis does he agree or disagree? After noting possibilities, including the argument that "in all your dwellings" (Leviticus 23:14) refers to dwellings in any country.  Another suggests that "dwellings" refers to one's home only after the inheritance and settlement of HaAretz.  In the end, Rabbi Akiva argues that Rabbi Eliezer and Rabbi Yishmael disagree regarding whether or not the original tanna is to ruling more stringently.  

The Gemara then looks at Rabbi Yishmael's stance regarding libations.  He believes that when the terms coming, biya, and moshav, dwelling, are stated, the ruling refers to after inheritance and settlement of Eretz Yisrael.  Rabbi Akiva and Rabbi Yishmael argued about when libations were sacrificed.  Were sacrifices made in the wilderness?  Were the words biya and moshav written along with words about inheritance of the land in many places?  The rabbis note that these words were used regarding a king, regarding bichurim, and regarding inheritance.  Are we considering a situation where two verses come as one, and thus we should not be applying that halacha to other circumstances? 

Our daf ends with the Gemara asking and answering a number of questions about the word chilim.  Why was "dwellings" included in very different parts of the Torah?  Their questions: why with regard to Shabbat during the Festivals verses the New Moon?  Why with regard to the consumption of fat and blood with offerings?  Why when eating matzah and maror?  In each case, the rabbis teach that the inclusion of "dwellings" teach us about how to observe.  Shabbat does not require the sanctification of the court; blood and fat are forbidden even when there is no offering; we are commanded to eat matza and maror even when there is no Paschal offering.

Finally, the term biya, coming, is used regarding tefillin and the firstborn donkey (for which a lamb must be sacrificed).  The connection between this word and Exodus 13:11 teaches that the mitzvah of tefillin will be rewarded with entrance to HaAretz.  Regarding eating produce on the land after the Pesach (Joshua 5:11), we learn that the people sacrificed the omer than only then did they eat the produce of the land.