Kiddushin, Daf Lammed Zayin, Part 1

Introduction

This week s daf opens with a mishnah that discusses which commandments are obligatory only inside the land of Israel and which are incumbent on Jews no matter where they live.

מתני׳ כל מצוה שהיא תלויה בארץ אינה נוהגת אלא בארץ ושאינה תלויה בארץ נוהגת בין בארץ בין בחוצה לארץ חוץ מן הערלה וכלאים ר"א אומר אף החדש 

Every commandment which is dependent on the land is practiced only in the land [of Israel]; and every commandment which is not dependent on the land is practiced both in and outside the land, except orlah and kilayim.

Rabbi Elazar says: also [the prohibition of] new produce.

In general, all commandments which are connected to the land are practiced only in the land of Israel. There are some commandments such as tefillin concerning which the Torah uses language such as When God brings you into the land (Exodus 13:5). One might have thought that these commandments would be obligatory only for a Jew living in the land of Israel. The mishnah, however, says that the distinction between commandments observed in and outside of Israel is not the language used in the Torah but rather whether or not the observance of the commandment itself is tied to land.

The only exceptions to this rule are orlah and kilayim. Orlah is the prohibition of using the fruit of a tree for its first three years. Kilayim refers to the prohibition of planting wheat in a vineyard.

Rabbi Elazar adds to the list of exceptions the prohibition of new produce. This refers to the prohibition from eating from the new grain harvest until the omer sacrifice is brought on the sixteenth of Nisan (see Leviticus 23:14).

גמ׳ מאי תלויה ומאי שאינה תלויה אילימא תלויה דכתיב בה ביאה ושאינה תלויה דלא כתיב בה ביאה והרי תפילין ופטר חמור דכתיב בהן ביאה ונוהגין בין בארץ בין בח"ל 

אמר רב יהודה ה"ק כל מצוה שהיא חובת הגוף נוהגת בין בארץ בין בח"ל חובת קרקע אינה נוהגת אלא בארץ 

GEMARA. What is the meaning of dependent and not dependent ? If we say: dependent refers to those [commandments] where [when you] come [into the land] is written, and not dependent to those where [when you] come [into the land] is not stated? But tefillin and the [redemption of] the firstborn son of a donkey are practiced both within and without the land, even though [when you] come [into the land] is written in connection with them?

Rav Judah said: This is its meaning: every commandment which is a personal obligation is practiced both inside and outside the Land; but what is an obligation of the soil is practiced only within the Land.

The Torah occasionally says when you come into the Land you shall do something. We might have thought that mitzvoth that are dependent on the Land means mitzvoth about which the Torah uses such a phrase. The problem is that the Torah uses this phrase in relation to two mitzvoth that appear together tefillin and the redemption of the first born donkey (Exodus 13:11-16), two mitzvoth that are obligatory outside the Land.

Therefore, R. Judah interprets the phrase to mean literally you need land to perform the mitzvah. Thus for instance the rules of tithing need land they refer to produce that grow on the land. Therefore, they are obligatory only in the land. Other mitzvoth such as tefillin that are not connected to the land are obligatory everywhere.