Menachot 70

Sugya Map: The Status of Replanted Produce

• Core Issue: Does the tithing status of an original seed persist when it is replanted and produces new growth?
• Nafka Mina: Must we re-tithe the original grain? Is the new growth sanctified by a previous terumah designation?
• Primary Sources: Menachot 70a; Bikkurim 2:4 (prohibition of terumah while attached); Leviticus 22:9, 14 (penalties for terumah consumption).

Text Snapshot

• Gemara (70a): "אמדינהו ועשרינהו... ושתלינהו... ואוסיפו להו." (One estimated the tithes, separated them, replanted, and it added growth).
• Nuance: The Gemara distinguishes between seeds that disintegrate (avidei le-batulei) and those that do not. The lomdus hinges on whether the original seed remains a distinct halachic entity or is "nullified" into the new yield.

Readings

• Rashi (70a s.v. de-amdin-hu): Focuses on the kushya of whether the initial tithe exempts the tosafot (additional growth). The chiddush is that the dilemma assumes the original tithe might not cover the new growth, yet the original grain itself might still be exempt from re-tithing.
• Rabbeinu Gershom (69b): Clarifies that the tithing occurs in the kri (pile). The chiddush is that the state of being gemur le-ma'aser (complete for tithing) creates a permanent status that carries over, unless the physical nature of the growth forces a reset.

Friction: The Terumah Paradox

• Kushya: If we assume the grain is tevel (untithed) while attached, then one could theoretically designate terumah while it is still in the ground. Yet the baraita explicitly states, "We do not find terumah attached to the ground" (lo matzinu terumah ba-mechubar).
• Terutz: Abaye clarifies that the baraita refers to the legal penalty (death/fifth). One cannot be liable for "eating" attached produce because it is not the derech achilah (normal way of eating). Thus, the sanctity exists, but the liability is suspended by the nature of the act.

Intertext

• Bikkurim 2:4: The primary source for lo matzinu terumah ba-mechubar.
• Shulchan Aruch, Yoreh De'ah 331: Discusses the status of terumah and the limitations of separating it from produce not yet ready for the granary.

Psak/Practice

• Heuristic: Halacha distinguishes between the sanctity of an item and the procedural liability attached to it. Just because an object is holy (or tevel) does not mean every interaction with it triggers the full weight of Torah law, particularly if the act (like eating attached grain) deviates from the standard derech ha-olam.

Takeaway

Halachic status often follows the "seed" of intent—but only if the physical manifestation remains recognizable. If the growth is "normal" (like replanted onions), the previous status is swallowed by the new.