Scattered Points

A few points on the parsha.

There is a chakira in the geder of neta rivay, the fruits of the tree's fourth year that have kedusha and need to be eaten in Jerusalem if the issur on the fruits is a continuation of the issur of the first three years, arlah, or if the fruits should be muttar but the Torah imposes kedusha on the fruits so that it must be eaten in Jerusalem.  Rav Pirlow on the Smag (Lo taaseh 138-139) cites some Rishonim do not count the lav of rivay as separate from that of arlah.  Their reason may be because they just view the issur as an extension of the issur of arlah.  Rabbi Yechiel Kelmenson has an entire sefer dedicated to this chakirah.  In the last siman of the of the sefer he suggests that these two views parallel the two views in kabbalah on the nature of neta rivay.  One view is the first three years the fruits are stuck in klipot, and can't be elevated.  The fourth year is klipat nogah, where the fruit must be eaten in kedusha.  That is reflective of the aspect that the issur of arlah still extends into the fourth year.  The other view is that the first three years correspond to the lower three worlds of בריאה יצירה עשייה and the fourth year corresponds to the  world of אצילות.  This reflects the kedusha that exists in the fruits of the fourth year.      

The Chinuch mitzvah 241 שלט לנקום says one violates the commandment if one bears a grudge with intent of getting back at someone for wronging them.  He concludes therefore, the lav does not have an action and there is no lashes even if the lav is violated through an action for as long as the lav can be violated without an actin there is no punishment of lashes attached to the lav.  Many are of the opinion that the Rambam disagrees with the principle of the Chinuch that if its possible to violated the lav without an action, even if an action is done there is no lashes and the Minchas Chinuch wonders if the Rambam would agree to this Chiuch.  However, the Rambam (Deot 7:7) also says there are no lashes for the lav.  Why wolud there not be lashes when one does an action?  The Avodat Hamelach (and others) explain because the issur is the grudge itself.  It may come to fruition through an action but that is not the issur itself.  The issur itself does not have an action, hence there are no lashes.

The last point in the Or Gedalyahu on the parsha: