Baba Basra 81a - Some Points on the Mitzvah of Bikurim

1. Tosafos asks why we need a pasuk to exclude chutz la'aretz, since anyway bikurim is a mitzvah on fruits which are dependent on the land such as the mitzvah of teruma and ma'aser, which by default only applies in EY? Tosafos answers that the definition of mitzva that is te'luya ba'aretz, is when the mitzvah is on the produce rather than on the "gavra". The litmus test is whether the actual fruits are forbidden to eat prior to performing the mitzvah. Since the fruits are assur prior to teruma and ma'aser, we consider it a mitzva that is dependent on the land and by default only applies in EY. But by bikurim where there is no restriction on eating the fruits, we view it as a mitzvah that is not dependent on the land, rather on the person himself. Tosafos then points out that when we call bikurim a "cho'vas ha'guf", we don't mean that it is an actual obligation, because one need not purchase land from which to bring bikurim. Rather we consider bikurim like the mitzvah of tzitzis, so that if one finds themself in the situation of having a 4 cornered garment, or having first fruits, they are obligated to do the mitzvah.

Regarding the mitzvah of tzitzis we find in the gemara in menachos that the angel rebuked R' Katina for avoiding the mitzvah of tzitzis. Therefore, it is proper to go out of one's way to do the mitzvah even though they aren't obligated. Would we apply the same concept to bikurim and recommend going out of one's way to perform the mitzvah?

2. The gemara says that really the mitzvah of bringing bikurim and the reading go hand in hand, however when one purchases 2 trees (according to rabbonon) it is a safeik whether they acquire property with it. Therefore, the safeik will require the bikurim to be brought because safeik d'oraysa l'chumra, but not do read since it is a safeik issur since he will be declaring that he has property when he in truth doesn't. Whether he brings bikurim or not, he will passively be violating a mitzvah. If he brings bikurim, he will be violating the mitzvah of reading the parsha. If he doesn't bring it he will be violating the mitzvah to bring bikurim (but not the mitzvah to read the parsha, since the mecha'yev presumably will only be when he actually brings it). So, why would we require him to bring it, since either way he will be mevatel a mitzvah? Two possible answers: A. When he fails to bring bikurim he is me'vatel the mitzvah b'meizid, but when he doesn't read he is only mevatel the mitzvah b'ones (since reading would be sheker). It is better to be mevatel the mitzvah b'ones, rather then b'meizid. B. At the moment his chiyuv is to bring bikurim mi'safeik d'oraysa. The fact that he will in the end be mevatel the mitzvah of reading would not exempt him from fulfilling the mitzvah that is incumbent upon him right now.

3. The gemara says that we apply the concept of ראוי לבילה to the mitzvah of bikurim. Only bikurim that is fit to read the parsha is obligated to be brought, but if it is not fit for the reading then there is an exemption on the bringing. The Rashbam explains that when there is a safeik whether he is chayev in bikurim he is patur from bringing bikurim because on the tzad that he is chayev, he has an obligation to read. Since he can't read the parsha out of concern that he will be saying sheker, it is considered unfit for reading which is me'akev the bringing.

Why is this true - we should say ממה נפשך, on the tzad that he is chayev it is fit for reading, on the tzad that he is patur he has no obligation to bring at all? It seems that the rashbam holds that the concept of being fit for reading is on the "gavra". Meaning, that there is a tzad that the fruits require a kri'ah, and the "gavra" is unfit for a kri'ah since he can't say sheker, so this should exempt him from bringing altogether.