Pesachim 22
אוֹתוֹ אַתָּה מַשְׁלִיךְ לַכֶּלֶב, וְאִי אַתָּה מַשְׁלִיךְ לַכֶּלֶב כׇּל אִיסּוּרִין שֶׁבַּתּוֹרָה. וְרַבִּי מֵאִיר? אוֹתוֹ אַתָּה מַשְׁלִיךְ לַכֶּלֶב, וְאִי אַתָּה מַשְׁלִיךְ לַכֶּלֶב חוּלִּין שֶׁנִּשְׁחֲטוּ בַּעֲזָרָה.
The Gemara concludes: It, i.e., a tereifa, you may throw to a dog, but you may not throw all other items prohibited by Torah law to a dog, as both eating and deriving benefit are prohibited. The Gemara asks: And what halakha does Rabbi Meir learn from this verse? The Gemara answers that Rabbi Meir draws the following inference: It, you may throw to a dog, but you may not throw the meat of a non-sacred animal that was slaughtered in the Temple courtyard to a dog, as it is prohibited to benefit from it.
וְאִידַּךְ? חוּלִּין שֶׁנִּשְׁחֲטוּ בַּעֲזָרָה לָאו דְּאוֹרָיְיתָא הִיא.
And from where does the other Sage, Rabbi Yehuda, learn this halakha about non-sacrificial meat that was slaughtered in the Temple courtyard? The Gemara answers: He holds that the prohibition of deriving benefit from the meat of a non-sacrificial animal that was slaughtered in the courtyard is not by Torah law; rather, the Sages decreed that it is prohibited. Since it is not prohibited by Torah law, no verse is necessary.
מֵתִיב רַבִּי יִצְחָק נַפָּחָא: וַהֲרֵי גִּיד הַנָּשֶׁה, דְּרַחֲמָנָא אָמַר: ״עַל כֵּן לֹא יֹאכְלוּ בְנֵי יִשְׂרָאֵל אֶת גִּיד הַנָּשֶׁה״, וּתְנַן: שׁוֹלֵחַ אָדָם יָרֵךְ לְגוֹי, וְגִיד הַנָּשֶׁה בְּתוֹכוֹ, מִפְּנֵי שֶׁמְּקוֹמוֹ נִיכָּר!
Rabbi Yitzḥak Nappaḥa raised an objection: And yet there is still the prohibition of the sciatic nerve, as the Merciful One says: “Therefore the children of Israel may not eat the sciatic nerve” (Genesis 32:33), and we learned in a mishna: A person may send the thigh of an animal to a gentile as a gift with the sciatic nerve inside it, he is not required to remove it. This is due to the fact that its place is clear, and it is obvious that this nerve has not been removed. Therefore, there is no concern that another Jew will assume that the first Jew removed this portion of the animal, which might cause him to accidentally eat the sciatic nerve. Apparently, one may benefit from this prohibited portion of the animal even though the verse says that one may not eat it.
קָסָבַר רַבִּי אֲבָהוּ: כְּשֶׁהוּתְּרָה נְבֵילָה — הִיא וְחֶלְבָּהּ וְגִידָהּ הוּתְּרָה. הָנִיחָא לְמַאן דְּאָמַר ״יֵשׁ בְּגִידִין בְּנוֹתֵן טַעַם״. אֶלָּא לְמַאן דְּאָמַר ״אֵין בְּגִידִין בְּנוֹתֵן טַעַם״, מַאי אִיכָּא לְמֵימַר?
The Gemara rejects this: Rabbi Abbahu holds that when it was permitted by the Torah to derive benefit from an animal carcass, it, its fats, and its sinews, such as the sciatic nerve, were all permitted. Therefore, the sciatic nerve is included in this exception and one may benefit from it. The Gemara challenges: It works out well according to the one who said that sinews give flavor, meaning that they have the taste of meat and therefore have the legal status of meat of an animal carcass. However, according to the one who says that sinews do not give flavor and are not categorized as meat, what can be said? If they are not considered to be meat, why are they included in the exception made for an animal carcass?
מַאן שָׁמְעַתְּ לֵיהּ דְּאָמַר ״אֵין בְּגִידִין בְּנוֹתֵן טַעַם״ רַבִּי שִׁמְעוֹן, דְּתַנְיָא: הָאוֹכֵל מִגִּיד הַנָּשֶׁה שֶׁל בְּהֵמָה טְמֵאָה, רַבִּי יְהוּדָה מְחַיֵּיב שְׁתַּיִם, וְרַבִּי שִׁמְעוֹן פּוֹטֵר.
The Gemara answers: Whom did you hear that said that sinews do not give flavor? It is Rabbi Shimon, as it was taught in a baraita: With regard to one who eats the sciatic nerve from a non-kosher domesticated animal, Rabbi Yehuda deems him liable to receive two sets of lashes: One for eating the sciatic nerve and one for eating the meat of a non-kosher animal. And Rabbi Shimon exempts him entirely, since according to his opinion the prohibition to eat the sciatic nerve applies only to a kosher animal. In addition, one violates the prohibition of eating from a non-kosher animal only when it has the flavor of meat.
רַבִּי שִׁמְעוֹן הָכִי נָמֵי דְּאָסַר בַּהֲנָאָה, דְּתַנְיָא: גִּיד הַנָּשֶׁה מוּתָּר בַּהֲנָאָה, דִּבְרֵי רַבִּי יְהוּדָה, וְרַבִּי שִׁמְעוֹן אוֹסֵר.
And it indeed follows logically that just as Rabbi Shimon exempts one who eats the sciatic nerve in that particular case, so too here, Rabbi Shimon prohibits deriving benefit from the sciatic nerve. As it was taught in a baraita: It is permitted to derive benefit from the sciatic nerve; this is the statement of Rabbi Yehuda, and Rabbi Shimon prohibits it. Since Rabbi Shimon holds that the sciatic nerve does not give flavor, it cannot be included in the exception of the animal carcass. Therefore, from the verse that prohibits eating the sciatic nerve he learns that one may not benefit from it either, in accordance with the opinion of Rabbi Abbahu. Rabbi Abbahu’s position fits according to both opinions. However, the mishna that indicates that it is permitted to derive benefit from the sciatic nerve is in accordance with the opinion of Rabbi Yehuda, as he holds that the sciatic nerve gives flavor and is therefore included in the exception of the animal carcass.
וַהֲרֵי דָּם, דְּרַחֲמָנָא אָמַר: ״כׇּל נֶפֶשׁ מִכֶּם לֹא תֹאכַל דָּם״, וּתְנַן: אֵלּוּ וָאֵלּוּ מִתְעָרְבִין בָּאַמָּה, וְיוֹצְאִין לְנַחַל קִדְרוֹן, וְנִמְכָּרִין לַגַּנָּנִין לְזַבֵּל, וּמוֹעֲלִין בּוֹ!
The Gemara further challenges Rabbi Abbahu’s opinion: And yet there is the prohibition of eating blood, as the Merciful One says: “Therefore I said to the children of Israel: No soul of you shall eat blood, neither shall any convert that dwells among you eat blood” (Leviticus 17:12). According to Rabbi Abbahu’s opinion, one may derive from this verse that in addition to the prohibition against eating blood, it is prohibited to benefit from it as well. And we learned in a mishna: Both these and these, the remnants of the blood from sin-offerings brought on the altar and other blood sprinkled on it, descend and mix in the canal from which water leaves the Temple. They then exit to the Kidron Valley and are sold at a special price to gardeners as a fertilizer. And one who does not first purchase the blood from the Temple misuses consecrated property. Apparently, under certain circumstances, one may benefit from blood which it is prohibited to consume.
שָׁאנֵי דָּם דְּאִיתַּקַּשׁ לְמַיִם, דִּכְתִיב ״לֹא תֹּאכְלֶנּוּ עַל הָאָרֶץ תִּשְׁפְּכֶנּוּ כַּמָּיִם״ — מָה מַיִם מוּתָּרִין, אַף דָּם מוּתָּר.
The Gemara answers: Blood is different, as it is juxtaposed in the Torah to water. As it is written with regard to blood: “You shall not eat it; you shall pour it out upon the earth like water” (Deuteronomy 12:24). From here it is derived: Just as it is permitted to benefit from water, so too, it is permitted to benefit from blood.
וְאֵימָא, כַּמַּיִם הַמִּתְנַסְּכִים עַל גַּבֵּי הַמִּזְבֵּחַ! אָמַר רַבִּי אֲבָהוּ ״כַּמַּיִם״ — רוֹב מַיִם. מִידֵּי ״רוֹב מַיִם״ כְּתִיב?! אֶלָּא אָמַר רַב אָשֵׁי: כַּמַּיִם הַנִּשְׁפָּכִין, וְלֹא כַּמַּיִם הַנִּיסָּכִין.
The Gemara asks: And say instead that blood is meant to be like water offered as a libation on the altar, which is consecrated and from which one is prohibited to benefit. Rabbi Abbahu said: The comparison to permitted water can be deduced from that which the verse says: “Like water [kamayim],” meaning, like most water; and one is permitted to benefit from most types of water. The Gemara asks: And is it written: Most water? The Torah wrote: “Like water,” which could indicate a comparison to any type of water. Rather, Rav Ashi said that the verse should be understood as follows: Like water that is poured out, from which one may benefit, and not like water that is offered as a libation. Water offered on the altar is described using the term libation, and not using the term poured as found in the verse.
וְאֵימָא: כַּמַּיִם הַנִּשְׁפָּכִין לִפְנֵי עֲבוֹדָה זָרָה! הָתָם נָמֵי נִיסּוּךְ אִיקְּרִי, דִּכְתִיב ״יִשְׁתּוּ יֵין נְסִיכָם״.
The Gemara asks: And say that blood is meant to be like water poured before idolatry, from which one may not benefit. The Gemara rejects this: There, that is also called a libation and not pouring, as it is written: “Who did eat the fat of their sacrifices, and drink the wine of their libations” (Deuteronomy 32:38).
וּלְחִזְקִיָּה, לְמַאי הִלְכְתָא אִיתַּקַּשׁ דָּם לְמַיִם? לְכִדְרַבִּי חִיָּיא בַּר אַבָּא, דְּאָמַר רַבִּי חִיָּיא בַּר אַבָּא אָמַר רַבִּי יוֹחָנָן: מִנַּיִן לְדַם קָדָשִׁים שֶׁאֵינוֹ מַכְשִׁיר — שֶׁנֶּאֱמַר ״לֹא תֹּאכְלֶנּוּ עַל הָאָרֶץ תִּשְׁפְּכֶנּוּ כַּמָּיִם״, דָּם שֶׁנִּשְׁפָּךְ כַּמַּיִם — מַכְשִׁיר, שֶׁאֵינוֹ נִשְׁפָּךְ כַּמַּיִם — אֵינוֹ מַכְשִׁיר.
The Gemara asks: According to Ḥizkiya, who says that: You shall not eat, indicates only that eating is prohibited but that benefit is permitted, for what halakha is blood juxtaposed to water? According to his opinion, there is no need for the verse to teach that one may benefit from blood. The Gemara answers that he needs this verse to derive that which was taught by Rabbi Ḥiyya bar Abba, as Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: From where is it derived that the blood of sacrifices does not render food susceptible to ritual impurity? As it is stated: “You shall not eat it; you shall pour it out upon the earth like water” (Deuteronomy 12:24). Blood that is poured out like water, such as that of a slaughtered, non-sacrificial animal, renders food susceptible to ritual impurity. However, sacrificial blood, which is not poured out like water and is instead sprinkled on the altar, does not render food susceptible to ritual impurity.
וַהֲרֵי אֵבֶר מִן הַחַי, דִּכְתִיב ״לֹא תֹאכַל הַנֶּפֶשׁ עִם הַבָּשָׂר״, וְתַנְיָא, רַבִּי נָתָן אוֹמֵר: מִנַּיִן שֶׁלֹּא יוֹשִׁיט אָדָם כּוֹס יַיִן לְנָזִיר וְאֵבֶר מִן הַחַי לִבְנֵי נֹחַ — תַּלְמוּד לוֹמַר ״וְלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל״, הָא לִכְלָבִים — שְׁרֵי!
The Gemara further challenges Rabbi Abbahu’s opinion: And yet there is the prohibition against eating a limb cut from a living animal, as it is written: “Only be steadfast in not eating the blood; for the blood is the life; and you shall not eat the life with the flesh” (Deuteronomy 12:23). And it was taught in a baraita that Rabbi Natan says: From where is it derived that a person may not offer a cup of wine to a nazirite, who is prohibited from drinking wine, and that he may not offer a limb cut from a living animal to a descendant of Noah, who is prohibited by Noahide law from eating a limb from a living animal? The verse states: “You shall not put a stumbling block before the blind” (Leviticus 19:14). Causing another person to sin is like placing a stumbling block before a blind person; one who does so violates this prohibition. The prohibition of giving a limb from a living animal to a gentile is apparently due only to the prohibition of placing a stumbling block. However, it is permitted for one to throw it to dogs. Therefore, despite the fact that the verse says: “You shall not eat it,” apparently there is no prohibition against benefiting from this prohibited item. This challenges Rabbi Abbahu’s principle.
שָׁאנֵי אֵבֶר מִן הַחַי דְּאִיתַּקַּשׁ לְדָם, דִּכְתִיב: ״רַק חֲזַק לְבִלְתִּי אֲכֹל הַדָּם כִּי הַדָּם הוּא הַנָּפֶשׁ״.
The Gemara answers: A limb from a living animal is different, as it is juxtaposed in the Torah to blood. As it is written: “Only be steadfast in not eating the blood; for the blood is the life; and you shall not eat the life with the flesh” (Deuteronomy 12:23). Just as it is permitted to benefit from blood, it is likewise permitted to benefit from a limb torn from a living animal.
וּלְחִזְקִיָּה, לְמַאי הִלְכְתָא אִיתַּקַּשׁ אֵבֶר מִן הַחַי לְדָם? אָמַר לָךְ, דָּם הוּא דְּאִיתַּקַּשׁ לְאֵבֶר מִן הַחַי: מָה אֵבֶר מִן הַחַי אָסוּר — אַף דָּם מִן הַחַי אָסוּר. וְאִי זֶה — זֶה דַּם הַקָּזָה, שֶׁהַנֶּפֶשׁ יוֹצְאָה בּוֹ.
The Gemara asks: And according to Ḥizkiya, in order to teach what halakha is the prohibition against eating a limb from a living animal juxtaposed to the prohibition against eating blood? The Gemara answers: He could have said to you that the juxtaposition comes to teach the opposite. It is blood that is juxtaposed to a limb from a living animal to teach the following: Just as a limb from a living animal is prohibited, so too, blood of a living being is prohibited. And to which blood is this referring? This is referring to blood spilled in the process of bloodletting, through which the soul departs. That is considered to be blood from a living being, and even the descendants of Noah are prohibited from eating it (Rabbeinu Ḥananel).
וַהֲרֵי שׁוֹר הַנִּסְקָל, דְּרַחֲמָנָא אָמַר: ״לֹא יֵאָכֵל אֶת בְּשָׂרוֹ״, וְתַנְיָא: מִמַּשְׁמַע שֶׁנֶּאֱמַר ״סָקוֹל יִסָּקֵל הַשּׁוֹר״ אֵינִי יוֹדֵעַ שֶׁהִיא נְבֵלָה, וּנְבֵלָה אֲסוּרָה בַּאֲכִילָה?! וּמָה תַּלְמוּד לוֹמַר ״לֹא יֵאָכֵל״? מַגִּיד לְךָ הַכָּתוּב שֶׁאִם שְׁחָטוֹ לְאַחַר שֶׁנִּגְמַר (אֶת) דִּינוֹ — אָסוּר.
The Gemara asks: And yet there is the prohibition against eating the meat from an ox that is stoned, as the Merciful One says: “And if an ox gores a man or a woman to death, the ox shall be surely stoned, and of its flesh shall not be eaten; but the owner of the ox shall be clear” (Exodus 21:28). And it was taught in a baraita: By inference from that which is stated: “The ox shall surely be stoned,” in which case it is not to be slaughtered properly, don’t I know that it is an animal carcass, and it is prohibited to eat an animal carcass? What does it mean when the verse states: “Its flesh shall not be eaten”? The verse is telling you that even if one slaughtered the ox after its verdict had been reached but before it had been carried out, it is still prohibited.
אֵין לִי אֶלָּא בַּאֲכִילָה, בַּהֲנָאָה מִנַּיִן? תַּלְמוּד לוֹמַר ״וּבַעַל הַשּׁוֹר נָקִי״. מַאי מַשְׁמַע? שִׁמְעוֹן בֶּן זוֹמָא אוֹמֵר: כְּאָדָם שֶׁאוֹמֵר לַחֲבֵירוֹ ״יָצָא פְּלוֹנִי נָקִי מִנְּכָסָיו״, וְאֵין לוֹ בָּהֶם הֲנָאָה שֶׁל כְּלוּם.
The baraita continues: I have derived only that one is prohibited from eating this ox; from where do I derive that one is prohibited from deriving benefit from it as well? The verse states: “But the owner of the ox shall be clear [naki].” The Gemara asks: From where may it be inferred that one may not benefit from this ox? Shimon ben Zoma says: This is like a person who says to his fellow: So-and-so was left clear [naki] of his property, and he has no benefit from it at all. Similarly, “But the owner of the ox shall be clear” means that he has no benefit from the ox.
טַעְמָא דִּכְתַב ״וּבַעַל הַשּׁוֹר נָקִי״, דְּאִי מִ״לֹּא יֵאָכֵל״, אִיסּוּר אֲכִילָה — מַשְׁמַע, אִיסּוּר הֲנָאָה — לָא מַשְׁמַע!
The Gemara infers from the verse that the reason that it is prohibited to derive benefit from the ox is that the Torah specifically wrote: “But the owner of the ox shall be clear.” As, if this prohibition were derived from: “It shall not be eaten,” apparently the prohibition of eating would be implied, but the prohibition of deriving benefit would not be implied. This presents a challenge even for Ḥizkiya, who agrees that the passive formulation: “It shall not be eaten,” indicates that in addition one may not benefit from the item.
לְעוֹלָם ״לֹא יֵאָכֵל״ אִיסּוּר אֲכִילָה וְאִיסּוּר הֲנָאָה מַשְׁמַע, ״וּבַעַל הַשּׁוֹר נָקִי״ לַהֲנָאַת עוֹרוֹ הוּא דַּאֲתָא. וְאִיצְטְרִיךְ, סָלְקָא דַּעְתָּךְ אָמֵינָא: ״לֹא יֵאָכֵל אֶת בְּשָׂרוֹ״ כְּתִיב: בְּשָׂרוֹ — אִין, עוֹרוֹ — לָא, קָא מַשְׁמַע לַן.
The Gemara answers: Actually, the phrase: “It shall not be eaten” indicates both a prohibition of eating and a prohibition of deriving benefit. And the phrase: “But the owner of the ox shall be clear,” comes to prohibit deriving benefit from the hide of the ox that has been stoned. And it is necessary to mention this explicitly, as it could enter your mind to say that since it is written: “Its flesh shall not be eaten,” with regard to its flesh, yes, it is prohibited, but with regard to its hide, no, it is not. Therefore, the verse teaches us that it is prohibited to benefit from its hide as well.
וּלְהָנָךְ תַּנָּאֵי דְּמַפְּקִי לֵיהּ לְהַאי קְרָא לִדְרָשָׁה אַחֲרִינָא, לַחֲצִי כּוֹפֶר וְלִדְמֵי וְולָדוֹת, הֲנָאַת עוֹרוֹ מְנָא לְהוּ? נָפְקָא לְהוּ מֵ״אֶת בְּשָׂרוֹ״ — אֶת הַטָּפֵל לִבְשָׂרוֹ.
The Gemara asks: And according to those tanna’im who expound this verse: “But the owner of the ox shall be clear,” for another interpretation, namely, to teach that the owner of an innocuous ox, i.e., one that is not known to cause damage with the intent to injure, is exempt from the payment of half of the indemnity if that ox killed a person, or that he is exempt from payment for offspring if his ox gores a pregnant woman and causes her to miscarry; from where do they derive this prohibition against benefiting from the ox’s hide? The Gemara answers: They derive this halakha from the wording: “Of [et] its flesh.” The verse could have been formulated: And its flesh shall not be eaten. The addition of the word et comes to include that which is secondary to the flesh, i.e., the hide.
וְאִידַּךְ? ״אֶת״ לָא דָּרֵישׁ.
The Gemara asks: And the other tanna, who derives the prohibition against benefiting from the hide from the verse: “But the owner of the ox shall be clear,” what does he learn from the additional word et? The Gemara answers: This Sage does not interpret the word et as a means to derive new halakhot. He considers the word et to be an ordinary part of the sentence structure and not a source for exegetical exposition.
כִּדְתַנְיָא: שִׁמְעוֹן הָעַמְסוֹנִי, וְאָמְרִי לַהּ נְחֶמְיָה הָעַמְסוֹנִי, הָיָה דּוֹרֵשׁ כׇּל ׳אֶתִּים׳ שֶׁבַּתּוֹרָה, כֵּיוָן שֶׁהִגִּיעַ לְ״אֶת ה׳ אֱלֹהֶיךָ תִּירָא״ פֵּירַשׁ. אָמְרוּ לוֹ תַּלְמִידָיו: רַבִּי, כׇּל ׳אֶתִּים׳ שֶׁדָּרַשְׁתָּ מָה תְּהֵא עֲלֵיהֶן? אָמַר לָהֶם: כְּשֵׁם שֶׁקִּבַּלְתִּי שָׂכָר עַל הַדְּרִישָׁה, כָּךְ אֲנִי מְקַבֵּל שָׂכָר עַל הַפְּרִישָׁה. עַד שֶׁבָּא רַבִּי עֲקִיבָא וְדָרַשׁ: ״אֶת ה׳ אֱלֹהֶיךָ תִּירָא״ — לְרַבּוֹת תַּלְמִידֵי חֲכָמִים.
As it was taught in a baraita: Shimon HaAmmassoni, and some say that it was Neḥemya HaAmmassoni, would interpret all occurrences of the word et in the Torah, deriving additional halakhot with regard to the particular subject matter. Once he reached the verse: “You shall be in awe of [et] the Lord your God; you shall serve Him; and to Him you shall cleave, and by His name you shall swear” (Deuteronomy 10:20), he withdrew from this method of exposition, as how could one add to God Himself? His students said to him: Rabbi, what will be with all the etim that you interpreted until now? He said to them: Just as I received reward for the interpretation, so I shall receive reward for my withdrawal from using this method of exposition. The word et in this verse was not explained until Rabbi Akiva came and expounded: “You shall be in awe of [et] the Lord your God”: The word et comes to include Torah scholars, and one is commanded to fear them just as one fears God. In any case, Shimon HaAmmassoni no longer derived additional halakhot from the word et.
וַהֲרֵי עׇרְלָה, דְּרַחֲמָנָא אָמַר: ״עֲרֵלִים לֹא יֵאָכֵל״, וְתַנְיָא: ״עֲרֵלִים לֹא יֵאָכֵל״, אֵין לִי אֶלָּא אִיסּוּר אֲכִילָה. מִנַּיִן שֶׁלֹּא יֵהָנֶה מִמֶּנּוּ, שֶׁלֹּא יִצְבַּע בּוֹ, וְלֹא יַדְלִיק בּוֹ אֶת הַנֵּר? תַּלְמוּד לוֹמַר: ״וַעֲרַלְתֶּם עׇרְלָתוֹ … עֲרֵלִים לֹא יֵאָכֵל״ — לְרַבּוֹת אֶת כּוּלָּם.
The Gemara further challenges: And yet there is the prohibition of fruit that grows on a tree during the first three years after it was planted [orla], as the Merciful One says: “And when you come into the land, and you shall plant all types of trees for food, then you shall count the fruit thereof as prohibited; three years shall it be prohibited [arelim] to you; it shall not be eaten” (Leviticus 19:23). And it was taught in a baraita: “Shall it be prohibited to you; it shall not be eaten”: I have only derived a prohibition to eat it. From where do I derive that one may not even benefit from it, e.g., that he may not paint with the dye that can be extracted from the fruit, nor may he light a lamp with its oil? The verse states: “You shall count the fruit thereof [orlato] as prohibited [araltem]; three years shall it be prohibited [arelim] to you; it shall not be eaten.” This repetition of the term arel comes to include all forms of benefit.
טַעְמָא דִּכְתַב רַחֲמָנָא ״וַעֲרַלְתֶּם עׇרְלָתוֹ … עֲרֵלִים״, הָא לָאו הָכִי, הֲוָה אָמֵינָא: אִיסּוּר אֲכִילָה — מַשְׁמַע, אִיסּוּר הֲנָאָה — לָא מַשְׁמַע!
The Gemara reads precisely: The reason that all forms of benefit are prohibited is that the Merciful One writes: “You shall count the fruit thereof as prohibited [araltem]; three years shall it be prohibited [arelim].” The double use of the word arel indicates a two-fold prohibition. However, were that not the case, I would have said: The prohibition of eating is indicated here; however, the prohibition to derive benefit is not indicated. This is a challenge even to Ḥizkiya’s opinion, as the verse says: “It shall not be eaten,” indicating that it is prohibited to derive benefit as well.
לְעוֹלָם ״לֹא יֵאָכֵל״ מַשְׁמַע בֵּין אִיסּוּר אֲכִילָה בֵּין אִיסּוּר הֲנָאָה, וְשָׁאנֵי הָתָם דִּכְתִיב ״לָכֶם״. וְאִצְטְרִיךְ, סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וּכְתַב ״לָכֶם״ — שֶׁלָּכֶם יְהֵא, קָמַשְׁמַע לַן.
The Gemara rejects this. Actually, in general, “it shall not be eaten” indicates both a prohibition of eating and a prohibition to derive benefit. However, it is different there, with regard to orla, as it is written: “Three years shall it be prohibited [arelim] to you.” And, therefore, it was necessary for the verse to repeat the prohibition using several terms, as it could enter your mind to say that since it wrote “to you” it means that it shall be yours, namely that one is permitted to benefit from it. Therefore, it teaches us that it is prohibited to derive benefit.
וְאֶלָּא הַשְׁתָּא דִּכְתִיבִי הָנָךְ קְרָאֵי, ״לָכֶם״ לְמָה לִי? לְכִדְתַנְיָא: ״לָכֶם״, לְרַבּוֹת אֶת הַנָּטוּעַ
The Gemara asks: However, now that these words in the verses are written, indicating the prohibition to derive benefit from orla, why do I need the words “to you,” i.e., what does this phrase teach us here? The Gemara answers: As it was taught in a baraita: That which is stated: “To you,” comes to include that which is planted
