Introduction.
I want to answer a question in the Rambam. In brief the Rambam decides the halacha like the sages in Usha. and then in the next paragraph he brings the Gemara that a estrog going from the 6th into the 7th year is tevel even if it was only the size of an olive in the 6th year and then in the 7th year became as big as a loaf of bread.My answer is that he is referring to the period between Rosh Hashanah of the 7th year until Tu Beshvat.
To make it clear what I mean let me try to bring some background information.
(1) Rabah said an estrog going from 6 to 7 is not obligated in tithes nor the laws of the seventh year.
But going from 7 to 8, it is liable to the laws of the 7th year. Abyee asked on this and it seems off hand that Abyee is thinking we go by the time of ripening and so from 6 to 7 is a problem. In any case Rabah answers him. Rav HaMenunah said we go by the time of ripening --period. The Rashbi in teh name of Rabbi Shimon said 6 to 7 and 7 to 8 is not obligated in anything because we need the growth and the picking time should be in a state of obligation. The Talmud answers that Rabah and Rav HaMenunah are going like Rabban Gamiel and the Five Elders that for the 7th year we go by ripening.
The sages in Usha said we go by the time of picking for everything
The comes the two statements of Rabbi Yochanan which the Rambam brings. The estrog going from 6 to 7 is considered tevel--obligated in tithes.
(2) Rabban Gamiel said for an estrog we go by ripening for the 7th year and by picking for the tithes,
Rabbi Eliezer said we go by picking for everything.
(3) The Rosh HaShanah for the 7th year and planting is the first day of Tishrei and for trees it is the 15th of Shevat.
(4) You can't plant 30 days before Rosh Hashanah of the 7th year because we add from the secular onto the holy. And something planted that reaches the forth year after Rosh Hashanah is forbidden forever. Rosh Hashanah 10.
The key fact is the Rashi over there on page 10 that explains this last statement. This Rashi is the focal point of everything I have written here. He says even though the tree is in its 4th year because Rosh Hashanah has passed, still its fruits are Orlah forbidden forever because Tu BeShevat has not come.
(5) Therefore when the Rambam writes the esrog comes from 6 to 7 is obligated in tithes he means the first Mishna that Rosh Hashanah for trees in Tu Beshavat. So even though for tithes we go by the time of picking, but still since it is before Tu Beshabat it is as far as the estrog is concerned still the last year--that is year 6 and thus obligated in tithes even though it in the 7th year as far as the laws of the 7th year is concerned.
I want to answer a question in the Rambam. In brief the Rambam decides the halacha like the sages in Usha. and then in the next paragraph he brings the Gemara that a estrog going from the 6th into the 7th year is tevel even if it was only the size of an olive in the 6th year and then in the 7th year became as big as a loaf of bread.My answer is that he is referring to the period between Rosh Hashanah of the 7th year until Tu Beshvat.
To make it clear what I mean let me try to bring some background information.
(1) Rabah said an estrog going from 6 to 7 is not obligated in tithes nor the laws of the seventh year.
But going from 7 to 8, it is liable to the laws of the 7th year. Abyee asked on this and it seems off hand that Abyee is thinking we go by the time of ripening and so from 6 to 7 is a problem. In any case Rabah answers him. Rav HaMenunah said we go by the time of ripening --period. The Rashbi in teh name of Rabbi Shimon said 6 to 7 and 7 to 8 is not obligated in anything because we need the growth and the picking time should be in a state of obligation. The Talmud answers that Rabah and Rav HaMenunah are going like Rabban Gamiel and the Five Elders that for the 7th year we go by ripening.
The sages in Usha said we go by the time of picking for everything
The comes the two statements of Rabbi Yochanan which the Rambam brings. The estrog going from 6 to 7 is considered tevel--obligated in tithes.
(2) Rabban Gamiel said for an estrog we go by ripening for the 7th year and by picking for the tithes,
Rabbi Eliezer said we go by picking for everything.
(3) The Rosh HaShanah for the 7th year and planting is the first day of Tishrei and for trees it is the 15th of Shevat.
(4) You can't plant 30 days before Rosh Hashanah of the 7th year because we add from the secular onto the holy. And something planted that reaches the forth year after Rosh Hashanah is forbidden forever. Rosh Hashanah 10.
The key fact is the Rashi over there on page 10 that explains this last statement. This Rashi is the focal point of everything I have written here. He says even though the tree is in its 4th year because Rosh Hashanah has passed, still its fruits are Orlah forbidden forever because Tu BeShevat has not come.
(5) Therefore when the Rambam writes the esrog comes from 6 to 7 is obligated in tithes he means the first Mishna that Rosh Hashanah for trees in Tu Beshavat. So even though for tithes we go by the time of picking, but still since it is before Tu Beshabat it is as far as the estrog is concerned still the last year--that is year 6 and thus obligated in tithes even though it in the 7th year as far as the laws of the 7th year is concerned.
