Bikkurim Under the Road

Bikurim (1:1) | Yisrael Bankier | 2 years ago

Bikkurim is the mitzvah of bringing the first fruits from the seven species to the Beit HaMikdash and giving them to a kohen. The masechet opens by explaining that there are cases where one does not bring those first fruits; where one does bring them but does not recite the mikra bikkurim; and where one does both. One case that is debated is where one propagated a vine from one of his fields to another but under the public domain. We shall try to understand this debate.

The Chachamim maintain that this case is no different to the others listed in the Mishnah. The Mishnah teaches that unless the tree or vine grows entirely in one's field, one cannot bring bikkurim from those fruit. The next Mishnah explains that this is based on the pasuk that the bikkurim are the "first [fruits] of your land" (Shemot 23:19).

R' Yehuda however argues that in that case, one would be able to bring bikkurim. The Bartenura explains that R' Yehuda maintains the position of R' Eliezer that one is allowed to make use of the space underneath the public domain. Consequently, since tunneling under the public domain is permitted, it is would still be considered "of your land". Nevertheless, while bikkurim would be brought, the mikra bikkurim would not be recited.

The Yerushalmi asks that if R' Yehuda maintains the position of R' Eliezer, and one is allowed to use the space under the public domain, why then can the mikra bikkurim not be recited. The Gemara explains that that space under the public domain is not considered completely his -- it is still the public domain. If anyone else were to come and utilise that space, they would be allowed to do so. The Gra compares the space to hefker. R' Chaim explains that since the usage of the space is not considered theft, one can bring bikkurim from the fruit. Nevertheless, since it is not his land, the declaration that "...I have brought the first fruit from that land You have given me" (Devarim 26:10) cannot be made.

Comparing this case with the first however, presents a problem. The Mishnah teaches that if one propagated their vine into the neighbouring field, they would not be able to bring bikkurim. The Yerushalmi teaches that if he had permission, then he would bring bikkurim for that tree and recite the mikra bikkurim. While R' Yose maintains that this is only if permission was granted permanently, R' Yona understands that even if it was temporary, it would be enough. This is indeed how the Rambam rules.¹ That being the case, since according to R' Yehuda, one is allowed to tunnel under the public domain, and he is not stealing, why is the mikra bikkurim not recited?

The Even HaEzel initially suggests that perhaps that R' Yehuda is understood only according to R' Yossi's understanding, that permanent permission is required. According to R' Yochanan however, R' Yehuda would also allow mikra bikkurim to be recited.

The Even HaEzel however instead differentiates between the two cases. One is allowed to use the space under reshut harabim, but he does not have rights to the space. Despite the fact he is not considered stealing, his use of the space is not the same as having permission to propagate a vine into his neighbours field. Others can also use that space even to the detriment of his propagation (Sefer Nir). In other words, the ability to use the space under reshut harabim is not enough to defined the area as "admatcha", whereas permission to tunnel into the neighbours field is.²

¹ Interestingly the Raavad limits this to propagating into the friend's field. If however one planted in the neighbours field with permission, then the law would be different. Similarly, if one propagated from the neighbour's field, even with permission, they would not bring bikkurim. It is only where a small amount is being drawn, and not the main sustenance, that with permission one can bring bikkurim.

² The Even HaEzel continues that if it is not considered "admatcha" then one must understand that the requirement to bring bikkurim is rabbinic. The Pri Etz Chaim (cited by Artscroll Yershualmi 2b, 3) however explains that the fact that it is not stolen, allowed him to bring the bikurim. Nevertheless since he cannot declare, "the land you have given me" the mikra bikurim cannot be recited (much like R' Chaim cited in the article).

Download