003b – הכל מעריכין – פרק ראשון – ערכין, דף ג ע”ב

To include slaves.^[1]

לאתויי עבדים - If he has a circumcised Canaanite slave to sell, and the slave wants him to sell him only in Eretz Yisrael, they compel his master to take him up there.

And according to the one who teaches slaves explicitly,^[2] what does it come to include?

To include moving from a fine dwelling to a poor dwelling.^[3]

מנוה היפה - Of outside the Land.

לנוה הרעה - Of Eretz Yisrael – and his wife cannot hold him back; and likewise from Eretz Yisrael to Yerushalayim.

But not everyone may compel leaving: to include a slave who fled from outside the Land to the Land.^[4]

Everyone may compel moving up to Yerushalayim^[5]: to include from a fine dwelling to a poor dwelling.

But not everyone may compel leaving: what does it come to include?

To include from a poor dwelling to a fine dwelling.^[6]

All are obligated in sukkah: kohanim, levi'im and yisraelim.^[7]

That is obvious! If these are not obligated, who is obligated?

[פשיטא] - Until now the Gemara expounded “everyone” – “to include what?”; from here on it expounds the ones the beraisa lists, kohanim, levi'im and yisraelim, and asks: it is obvious – if these were not obligated, who would be?

It was needed for kohanim.

You might have thought: since it is written (Vayikra 23) “In sukkos you shall dwell,” and the Master said: “You shall dwell seven days” – just as you live at home,^[8] then just as a home is a man and his wife, so a sukkah is a man and his wife; and these kohanim, since they are busy with the Temple service, should not be obligated.

ובני עבודה נינהו - And they cannot live as man and wife in the sukkah, for they do not attend to their wives, since the service of the festival rests upon them; so say they should not be obligated.

It teaches us: granted that they are exempt at the time of the service, when it is not the time of the service they are certainly obligated.

קמ"ל - That even though “as you live” is not possible for them, as far as it is possible for them they are obligated: at the time of the service they are exempt, not at the time of the service they are obligated.

It is just like travelers, for the Master said: Travelers by day are exempt from the sukkah by day and obligated at night.^[9]

All are obligated in tzitzis: kohanim, levi'im and yisraelim.^[10]

That is obvious!

It was needed for kohanim.

You might have thought: since it is written (Devarim 22) “You shall not wear shaatnez… you shall make yourself twisted threads,” the one for whom kilayim is not permitted in wearing is the one obligated in the mitzvah of tzitzis;^[11] and these kohanim, since kilayim is permitted to them, should not be obligated.

כיון דאישתרי להו כלאים - At the time of the service, for the avnet was of kilayim,^[12] as it is written (Shemos 39) “and the belt of twisted linen,” and since shesh is linen, the techeles is wool – in Tractate Yoma (72).

It teaches us: granted that it is permitted at the time of the service, when it is not the time of the service it is not permitted.

All are obligated in tefillin: kohanim, levi'im and yisraelim.^[13]

That is obvious!

It was needed for kohanim.

You might have thought: since it is written (Devarim 6) “And you shall bind them as a sign upon your hand, and they shall be totafos between your eyes,” whoever is in the mitzvah of the hand is in the mitzvah of the head.

And these kohanim, since they are not in the mitzvah of the hand, for it is written (Vayikra 6) “he shall put on upon his flesh” – that nothing should interpose between it and his flesh^[14] – say they should not be obligated in the mitzvah of the head either.

שלא יהא דבר חוצץ בין בגדי כהונה לבשרו - And tefillin must be on his flesh, under his garments, on the upper arm near the shoulder, as it says in Menachos, perek Hakometz Rabbah (37b), that it must be under his garments, for it is written “It shall be for you a sign” – for you a sign, and not for others a sign. The tzitz lies on the forehead and the turban on the head, and it does not reach down to the forehead; so the place of the tefillin is visible at the top of the head, the place where a baby's skull is soft.

It teaches us that they do not hold each other back, as we learned: The tefillin of the hand does not hold back the one of the head, and the one of the head does not hold back the one of the hand.^[15]

And what is different about the hand – that it is written “he shall put on upon his flesh”? For the head too it is written (Shemos 29) “And you shall place the turban upon his head”!^[16]

It was taught: His hair was visible between the tzitz and the turban, where he would put on tefillin.^[17]

All are obligated in blowing the shofar: kohanim, levi'im and yisraelim.^[18]

That is obvious!

It was needed for kohanim.

You might have thought: since it is written (Bamidbar 29) “It shall be a day of blowing for you,” one who blows on only one day is obligated.

יום תרועה - Implies one day only.

And these kohanim, since they blow all year round, as it is written (Bamidbar 10) “And you shall blow with the trumpets over your burnt-offerings,”^[19] say they should not be obligated.

But are they comparable? There it is trumpets, here it is a shofar!^[20]

It was needed. You might have thought: since we learned Yovel is equal to Rosh Hashanah for the blowing and for the blessings,^[21] whoever is in the mitzvah of Yovel is in the mitzvah of Rosh Hashanah, and whoever is not in the mitzvah of Yovel is not in the mitzvah of Rosh Hashanah.

ולברכות - For they would also say, on Yom Kippur of the Yovel year, Malchiyos, Zichronos and Shofaros.

And these kohanim, since they are not in the mitzvah of Yovel, as we learned: Kohanim and levi'im may sell forever^[22][23]

מוכרין לעולם - Even in the Yovel year itself, if they sold their land, it is sold. Whereas regarding a yisrael it is taught in the Gemara in the last perek (below 29b): “In the Yovel year he may not sell, and if he sold it is not sold, and the money is returned”;^[24] and regarding kohanim we learned “they may sell forever” – it is sold and it goes out, and the money is theirs. For one cannot say that their land does not return in Yovel, since it certainly returns, as it is written “And whoever of the levi'im redeems,” and we say in the last perek (there, 29b): “his sale goes out free.”

וגואלין לעולם - If they sold a field, they may redeem it at once, whereas a yisrael may not redeem in less than two years, as it is written “According to the number of years of produce he shall sell to you”.^[25]

Tosfos

לאתויי עבדים - If he has a circumcised Canaanite slave to sell, and the slave wants him to sell him only in Eretz Yisrael. And in Kesubos (110b) Rashi explained that he can take him up [to a Hebrew slave, against the slave's will]; and the Ri^[26] explained that the slave can compel him to take him up, or else to free him.

לאתויי עבד שברח מח"ל לארץ - From the first clause we would not know this, according to the one who teaches slaves explicitly – even according to Rashi's explanation that it speaks of Canaanite slaves whom he wants to sell – for there he is not taking him out of his possession; or alternatively, since he fled, we penalize the slave and he is not freed; or alternatively, you might have thought that the first clause speaks of a master who regularly goes to Eretz Yisrael anyway.

מנוה היפה - Of outside the Land, to a poor dwelling of Eretz Yisrael – and his wife cannot hold him back; and likewise from Eretz Yisrael to Yerushalayim. L"H. Even though the first clause taught “everyone may compel moving up,” the latter clause taught “not everyone may compel leaving” – so it is explained there in Kesubos (also there); and one cannot say “to include slaves,” since for slaves there is no difference between the rest of Eretz Yisrael and Yerushalayim.

הכל חייבין בסוכה - Until now it expounded “everyone” – “to include what?”; from here on it expounds the ones it taught, kohanim, levi'im and yisraelim, and asks: it is obvious – if these are not obligated, who would be?

ובני עבודה נינהו - And they cannot live as man and wife in the sukkah, for they do not attend to their wives, since the service of the festival rests upon them; so say they are not obligated. L"H. For on the grounds of travelers we could exempt them only in the fields, but not in the chamber of the Beis Hamikdash and the other places of the Beis Hamikdash. And by the same token it could have mentioned levi'im too, who guard in twenty-one places in the Mikdash,^[27] as stated in the first perek of Tamid (26a). So too we find below, regarding “all are obligated in blowing the shofar,” that it could have said “it was needed for kohanim and levi'im,” since it also brings that levi'im redeem forever and sell forever – yet it mentions only kohanim.

קמשמע לן - [Even though] “like a dwelling” is not possible for them, as far as it is possible for them they are obligated: at the time of the service they are exempt, not at the time of the service they are obligated.

הני כהנים הואיל (ובני עבודה כו' מאן דלא) אישתרו כלאים כו' - The Rav R"I of Orleans^[28] asked: women should not be obligated in kilayim, since they are not in “you shall make yourself twisted threads.”^[29] One can answer: the verse equated a woman with a man. And what is said in perek Elu Overin (Pesachim 43b) – since she is not in “arise, eat matzah,” she is not in “you shall not eat chametz” – relies on what we derive “fifteenth”–“fifteenth” from the festival of Sukkos, where it is written “the citizen,” to exclude women. And if you ask: let us say, since they are in the prohibition of wearing shaatnez, they are in twisted threads – one can answer: on the contrary, the whole Torah was compared to tefillin. And if you ask that for matzah too there is such a comparison – he answered that one can say: since they were included in the prohibition of eating chametz, they were included in eating matzah too.

כהנים אישתרי להו כלאים בעידן עבודה - For the avnet was of kilayim, as it is written “and the belt of linen,” and since shesh is linen, the techeles [is wool], etc.

שלא יהא דבר חוצץ בין בגדי כהונה לבשרו - And tefillin must be on his flesh, as it is written (Shemos 13) “It shall be for you a sign” – for you a sign, and not for others a sign. The tzitz lies on the forehead and the turban on the head, and it does not reach down to the forehead; so the place of the tefillin is visible at the top of the head, the place where a baby's skull is soft. L"H. One cannot ask: why did it not say here, as above, “it teaches us: granted they are exempt at the time of the service”? For it is obvious to it that they are always obligated in the tefillin of the head; and it did not need to say that you might have thought they would be exempt from the tefillin of the hand when not at the time of the service, for it is obvious to it that they are obligated.

של יד אינה מעכבת של ראש - And even though it says elsewhere, Menachos (36a): “and for totafos between your eyes” – as long as they are between your eyes there shall be two – that refers to when he puts on both: he must put on the one of the hand first.

יום תרועה יהיה לכם - Implies one day only.

ולברכות - For they would also say, on Yom Kippur of the Yovel year, Malchiyos, Zichronos and Shofaros.

מוכרין לעולם - And even in the Yovel year itself, if they sold their land it is sold, and it goes out, and the money is theirs; for one cannot say that their land does not return in Yovel, since it is written (Vayikra 25) “And whoever of the levi'im redeems,” and it says in the last perek (below 29b) that his sale goes out free. L"H. But this does not seem right,^[30] for Shmuel explains the reason below in the last perek (also there): if a field already sold goes out, then one not yet sold – is it not logical that it should not be sold at all? And that reason applies to a kohen as to a yisrael. Further, one can ask according to Rav too, who says that if he sold it, it goes out: what then is the difference between yisraelim and kohanim [regarding Yovel]? And likewise (the one who consecrates) redeems it forever. One can somewhat settle the reading: regarding houses in walled cities, a yisrael redeems only within a full year, while levi'im and kohanim redeem forever; and you might have thought that the houses in their walled cities follow the law of courtyard-houses and go out in Yovel; and “sell” was mentioned on account of “redeem.” Rashi explained here, and this is his wording: “And they redeem forever – if they sold a field they redeem it at once, whereas a yisrael does not redeem in less than two years, as it is written according to the number of years of produce.” And in Rosh Hashanah, perek Re'uhu Beis Din (29a), this is his wording, in the name of (Rabbi Yehudah bar Yitzchak) [Rabbeinu Yitzchak] HaLevi:^[31] “They sell forever and they redeem forever – both are Mishnayos in Tractate Arachin; and both ‘they consecrate’ and ‘they sell’ are superfluous Mishnayos; but since it taught there regarding a yisrael ‘one may not consecrate before Yovel less than two years, nor redeem after Yovel less than a year,’ it taught regarding kohanim too ‘they consecrate and redeem forever’ – and so it is established in Tractate Arachin. And what is ‘they redeem forever’? Because it is said regarding a yisrael who sells an ancestral field (Vayikra 25) ‘According to the number of years of produce he shall sell to you’ – he may not redeem in less than two years; but levi'im redeem at once, because it is said [regarding a yisrael who sells a house in a walled city: ‘And if it is not redeemed until a full year is completed, it is fixed permanently’; but regarding levi'im it is redeemed forever, as it is said] ‘An everlasting redemption shall the levi'im have.’ Because it is said regarding one who consecrates an ancestral field: ‘And if he does not redeem the field [the owner], and [the treasurer] sold the field to another man, it may not be redeemed any more’ – rather it is divided among the kohanim in Yovel; but levi'im redeem forever. And what it says here, ‘they are not in the mitzvah of Yovel,’ refers to one who consecrated an ancestral field and did not redeem it, and the treasurer sold it: Yovel does not take it from the consecrator if he is a levi, the way it takes it from a yisrael.” End of Rashi's words.

Notes

1. 1. Continued from the previous amud (Arachin 3a). There the Gemara cited “Everyone may compel moving up to Eretz Yisrael” – any member of a household can compel the others to move there (Kesubos 110b) – and asked what the word “everyone” comes to include.
2. 2. Some versions of the teaching list slaves explicitly (so too in Kesubos there). On that version “everyone” is not needed to include slaves, so what does it add?
3. 3. Naveh means a dwelling. Even from a fine home abroad to a poor one in Eretz Yisrael, a husband can compel his wife to move up (Rashi).
4. 4. “But not everyone may compel leaving” means that no one can force the members of his household to leave Eretz Yisrael for abroad. A slave who fled from abroad into the Land cannot be taken out by his master; the master must sell him here or free him (Gittin 45a).
5. 5. “Everyone may compel moving up to Yerushalayim”: within Eretz Yisrael, one can compel the household to move to Yerushalayim, whose sanctity is greater – even from a fine home to a poor one.
6. 6. That is, no one can be compelled to leave Yerushalayim, even for a finer home elsewhere.
7. 7. From here the Gemara analyses the part of the beraisa that lists “kohanim, levi'im and yisraelim” for each mitzvah and asks why they need listing at all. Sukkah is the mitzvah of living in a sukkah for the seven days of the festival.
8. 8. “You shall dwell – just as you live”: one lives in the sukkah the way one lives at home (Sukkah 28b), and a home means a man living with his wife. The kohanim are busy with the many festival offerings and do not live with their wives then (Rashi).
9. 9. A traveler is exempt from the sukkah while he travels by day, but at night, when he stops to sleep, he is obligated (Sukkah 26a). So too the kohanim are exempt only while they serve.
10. 10. Tzitzis are the threads on the four corners of a garment. The Torah places this mitzvah right after the ban on shaatnez (kilayim – wool and linen together): “You shall not wear shaatnez… you shall make yourself twisted threads.”
11. 11. From that juxtaposition it would seem that the obligation of tzitzis depends on the prohibition of kilayim, so that someone permitted to wear kilayim is outside the mitzvah of tzitzis.
12. 12. The avnet is the kohen's sash, woven of linen together with wool dyed techeles, argaman and tolaas shani. So a kohen wears kilayim while he serves.
13. 13. Tefillin are worn on the arm (shel yad) and on the head (shel rosh). Both come from one verse, “bind them as a sign upon your hand, and they shall be totafos between your eyes,” so it would seem that whoever is obligated in one is obligated in the other.
14. 14. The priestly garments must lie directly on the kohen's body with nothing in between (Zevachim 19a). Tefillin on the arm, under the garment, would interpose.
15. 15. A Mishnah in Menachos (Menachos 38a): each tefillin is a mitzvah of its own, and one who has only one puts it on. So although a kohen in service is exempt from the shel yad, he is obligated in the shel rosh.
16. 16. The mitznefes is the priestly turban. The question assumes that tefillin on the head would also interpose between the turban and his head, so why should he be obligated in the shel rosh?
17. 17. The tzitz is the gold plate on the Kohen Gadol's forehead, with the turban above it. His hair showed between the two, and there he put on the shel rosh without interposing.
18. 18. Blowing the shofar is the mitzvah of the day on Rosh Hashanah, called “a day of blowing for you.”
19. 19. The chatzotzros are silver trumpets that the kohanim blew over the offerings on festivals and Rosh Chodesh, so they blow all year round.
20. 20. The Gemara rejects that reasoning: trumpets are not a shofar and have nothing to do with exempting anyone from the shofar. It then gives another reason.
21. 21. A Mishnah in Rosh Hashanah (Rosh Hashanah 26b): on Yom Kippur of the Yovel year (the fiftieth year) the shofar is blown and Malchiyos, Zichronos and Shofaros are said, as on Rosh Hashanah. So it might seem the two go together.
22. 22. A Mishnah below (Arachin 33a): kohanim and levi'im may sell forever and redeem forever – the Yovel limits that bind a yisrael do not bind them. So they are not in the mitzvah of Yovel.
23. 23. The sentence continues on the next amud (Arachin 4a): “and they may redeem forever,” followed by the Gemara's answer.
24. 24. In Yovel fields return to their original owners. So in the Yovel year itself a yisrael may not sell a field, and if he does, the sale does not take effect (Arachin 29b).
25. 25. This Rashi explains the words “and they may redeem forever” at the top of the next amud (Arachin 4a); it is printed here and kept here. A yisrael who sells a field may not redeem it for two years (Vayikra 25:15).
26. 26. A dispute: according to Rashi in Kesubos (Kesubos 110b) the master may take the slave up against his will; according to the Ri the slave can compel his master to take him up or free him. The Ri is Rabbi Yitzchak of Dampierre, a leading Tosafist and nephew of Rabbeinu Tam.
27. 27. The levi'im guarded the Mikdash at twenty-one posts (Tamid 26a), so they too are busy with their service.
28. 28. R"I of Orleans was one of the Tosafists of France, a student of Rabbeinu Tam.
29. 29. By the Gemara's reasoning, women, who are exempt from tzitzis (a time-bound positive mitzvah), should be permitted kilayim. He answers that the verse equated a woman with a man.
30. 30. Tosfos rejects Rashi's explanation: Shmuel's reason why a sale in the Yovel year does not take effect (Arachin 29b) applies to kohanim too. So Tosfos explains the clause as speaking of houses in walled cities, and quotes Rashi's other explanation from Rosh Hashanah.
31. 31. Rabbeinu Yitzchak HaLevi was one of Rashi's teachers, in Worms.