Monday, 8 August 2016

Bava Kamma 69: How to Designate the Statuses of Orla, Produce, Cemeteries

In amud (a), the Gemara teaches us about how items are marked as off-limits.  Clumps of dirt are used to signify trees that are in their fourth season in the Sabbatical year so that people know to consecrate their fruit.  Orla, trees which have not yet reached their third year, are marked with pieces of clay/pottery to demonstrate that no-one can benefit from their fruit yet.  Graves and cemeteries are marked with lime which remains white, like bones.  

The Gemara discusses other ways that transgressions are avoided.  Tithes might be removed from fields so that do not get mixed with untitled produce.  Owners might declare all of their produce permitted to ensure that the poor who take from those fields do not eat prohibited produce.

The rabbis consider the timing of consecration. They disagree about using the principle of b'raita, retroactive designation. Can an item that was not consecrated be rejudged as having been consecrated all along if it is used for a holy purpose later?

The rabbis agree that items must be in one's possession to be consecrated.  

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