- 1.1. These are things for which no measure is prescribed: [note] 15 Peah, [note] 16 First-fruits, [note] 17 the Festal Offering, [note] 18 deeds of loving-kindness and the study of the Law. These are things whose fruits a man enjoys in this world while the capital is laid up for him in the world to come: honouring father and mother, deeds of loving-kindness, making peace between a man and his fellow; and the study of the Law is equal to them all.
- 1.2. Peah should be not less than one-sixtieth part [of the harvest]. And although they have said that no measure is prescribed for Peah, it should ever accord with the size of the field and the number of the poor and the yield [of the harvest]. [note] 1
- 1.3. Peah may be left at the beginning of the field or at the middle thereof. R. Simeon says: Provided that the prescribed measure is left at the end. R. Judah says: If a man left behind [at the last] but a single stalk he can rely on that as fulfilling the law of Peah, and if he did not [leave aught at the end] what he leaves [at the beginning or the middle of the field] counts only as ownerless property. [note] 2
- 1.4. A general rule have they enjoined concerning Peah: whatsoever is used for food and is kept watch over [note] 3 and grows from the soil and is all reaped together and is brought in for storage is liable to the law of Peah. Grain and pulse come within this general rule.
- 1.5. Among trees, sumach, carob, walnut trees, almond trees, vines, pomegranate trees, olive trees, and palm trees are subject to the law of Peah.
- 1.6. A man may continue to grant Peah [even after the crop has been reaped] and be exempt from giving tithe from it until it is finally stacked. He may grant [part of his crop] as ownerless property and be exempt from giving tithe from it until it is finally stacked. He may feed cattle, wild animals or birds with it and be exempt from giving tithe from it until it is finally stacked. He may take it from the threshing-floor and use it for seed and be exempt from giving tithe from it until it is finally stacked. So R. Akiba. If a priest or a levite bought [the grain while it lay on] a threshing-floor they may keep the Tithe, unless it had been finally stacked. If a man dedicated [his harvest to the Temple] and redeemed it, he is still liable to give Tithe from it, unless the [Temple] treasurer had finally stacked it.
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15 In the written Law.
16 Lit. ‘corner’, sc. of the field, where the owner is required by Lev. 19 and Lev. 23 to leave part of his crop unreaped for the benefit of the poor. Though the Law has prescribed no limit, the Scribes have fixed a minimum. See 1
17 Deut. 26
18 Heb. Reayon. Deut. 16 provides that all male Israelites shall appear thrice a year in the Temple (see App. I. 37) and that they ‘shall not appear . . . empty’, i.e. without an offering tor the Temple; but the nature and value of the offering is not prescribed. See Hag. 1. Reayon may equally well mean ‘appearing’, sc. in the Temple; i.e. the Israelite may enter the Temple as often as he pleases at the three Feasts.
1 Or ‘according to the poverty (of the people)’; i.e. where poverty is severe Peah should be abundant.
2 It does not fulfil the law of Peah, but is available for the rich as well as the poor.
3 Private property as distinct from ownerless produce. Cf. Mass. 1 |
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- 2.1. These serve as bounds [note] 4 in what concerns Peah: a river-bed or pond, a private or a public road, a public path or a private path that is in regular use during both the summer and the rainy season, fallow land and land newly broken up, and a different kind of crop. If a man cut young corn for fodder, [the part so reaped] acts as a bound. So R. Meir. But the, Sages say: It does not act as a bound unless he ploughed it up [afresh].
- 2.2. If a water-channel [is so wide that the corn on either side] cannot be cut together, R. Judah says: It acts as a bound. If any hill top can be hoed with a mattock, even though the oxen cannot pass over with the plough, a single Peah is granted for the whole [field on both sides of the hill].
- 2.3. [These] all serve as bounds for sown crops, but a fence alone serves as a bound for [the Peah that is granted from] trees. If the branches of the trees [on either side of the fence] were intertwined, the fence does not serve as a bound, and a single Peah is granted for all [the trees on either side].
- 2.4. For all carob trees that are within sight of each other [a single Peah is granted even if fences intervene]. Rabban Gamaliel said: In my father’s house they used to grant Peah separately for their olive trees in each quarter [of the city], and for all carob trees that were within sight of each other. R. Eliezer the son of R. Zadok says in his name: [A single Peah] was granted for their carob trees also throughout the whole city.
- 2.5. If a man sowed his field in one kind, even if he made up two threshing-floors he need grant but one Peah; if he had sown it in two kinds, even if he made up but one threshing-floor he must grant two Peahs. If he sowed his field in two kinds of wheat and made up one threshing-floor, he grants one Peah; but if two threshing-floors, he must grant two Peahs.
- 2.6. It once happened that R. Simeon of Mizpah [thus] sowed [his field and came] before Rabban Gamaliel; and they went up to the Chamber of Hewn Stone [note] 1 to inquire. Nahum the Scrivener said: I have received a tradition from R. Measha, who received it from his father, [note] 2 who received it from the Zugoth [note] 3 who received it from the Prophets as a Halakah given to Moses from Sinai, [note] 4 that if a man sowed his field in two kinds of wheat and made them up into one threshing-floor, he grants one Peah’, but if two threshing-floors, he must grant two Peahs.
- 2.7. If a field was reaped by gentiles or by robbers, or if ants nibbled the crop, or if wind or cattle broke it down, it is exempt from Peah. If the owner reaped half and thieves reaped [the remaining] half, it is exempt, since his liability to Peah applied [only] to [the half of the crop that he had left as] standing corn.
- 2.8. If thieves reaped half and the owner reaped [the remaining] half, he must grant Peah from what he has reaped. If he reaped half and sold [the remaining] half, the buyer must grant Peah for the whole. If he reaped half and dedicated [the remaining] half, he that redeems it from the [Temple] treasurer must grant Peah for the whole.
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4 i.e. mark out certain areas as units, from each of which Peah must be given.
1 Cf. Sanh. II; Eduy. 7; Tam. 2′; 4′; Midd. 5
2 Heb. Abba. This may be a proper name.
3 Cf. Ab. 1. Lit. ‘pairs’ of leaders (‘President’ and ‘Father of the Court’) from the time of Jose b. Joezer, c. 160 B.C., to the time of Hillel and Shammai. See Hag. 2
4 A formula (occurring again in Eduy. 8′; Yad. 4) denoting an established, ageless tradition not derived or derivable from the Written Law. Compare the formula used in the samesense, ‘Rightly have they said’ (Kit. 2; Ter. 2; Shab. 1; 10; Naz. 7). |
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- 3.1. If between olive trees there were plots sown with grain, the School
of Shammai say: Peah must be granted from every plot. And the School of Hillel say: From one for all. But they agree that if the ends of the rows [of corn] were confused, Peah is granted from one [plot] for all.
- 3.2. If a man reaped his field in patches, leaving [unreaped] the unripe stems, R. Akiba says: He must grant Peah from every patch. But the Sages say: From one [patch] for all. The Sages agree with R. Akiba that if a man owed dill or mustard seed in three separate places he must grant Peah from each.
- 3.3. If he uprooted fresh onions for the market and suffered others to remain and dry for the store-chamber, he must grant Peah from these by themselves and Peah from these by themselves; so, too, with peas and so, too, with a vineyard. If he thinned them out he need grant [Peah] from what is left [only] according to the quantity that he has suffered to remain; but if he uprooted them from one place only [note] 5 he must grant Peah from what is left for the whole.
- 3.4. Seed-onions are liable to Peah. But R. Jose declares them exempt. If plots of onions grew among vegetables, R. Jose says: Peah is granted from
each. But the Sages say: From one for all.
- 3.5. If [two] brothers [who were jointholders] separate, they must grant two Peahs; but if they become again jointholders they need grant but one Peah. If two persons bought a tree they need grant but one Peah; but if one bought the northern half and the other the southern half, each must grant Peah separately. If a man sold only the stems of the plants in his field [and not their soil], the buyer must grant Peah from each plant. R. Judah said: This applies if the owner of the field had kept back naught for himself; but if the owner of the field had kept back aught for himself he must grant Peah for the whole.
- 3.6. R. Eliezer says: A quarter-kab’s space [note] 1 of ground is subject to the law of Peah. R. Joshua says: [Ground] that will produce two seahs. [note] 2 R. Tarfon says: [Ground measuring] six handbreadths by six. R. Judah b. Bathyra says: [Ground large enough] to need two strokes of the sickle And the Halakah is according to him. R. Akiba says: Any ground soever is subject to the laws of Peah and First-fruits; a prozbol [note] 3 can be written on its security, and in conjunction with it movable property [note] 4 can be acquired by money, by writ or by usucaption. [note] 5
- 3.7. If one that lay sick [note] 6 assigned his goods to others [as a gift] and kept back any land soever, [note] 7 [if he recovered] his gift remains valid; but if he had kept back no land soever [note] 8 his gift does not remain valid. If he assigned his goods to his children and assigned to his wife any land soever, she forfeits her Ketubah. [note] 9 R. Jose says: If she accepted [such an assignment] even though he did not indeed assign it to her, [note] 10 she forfeits her Ketubah.
- 3.8. If a man assigned his goods to his slave, [note] 11 he becomes a freedman. If he kept back any land soever, [note] 12 he does not become a freedman. R. Simeon says: In either case he becomes a freedman unless the master says, ‘Letnall my goods be given to such-a-one, my slave, excepting one ten-thousandth part of them’. [note] 13
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5 So Maim. But Bert, renders: If he uprooted some for the selfsame purpose (for which he leaves the rest).
1 See App. II, E
2 See App. II, D.
3 See App. I. 34.
4 Cf. Kidd. 1. Movable property by itself can only be acquired by the purchaser’s drawing’ it towards himself. See B.M. 4; B.B. 5
5 See B.B. 3
6 Likely to die. See B.B. 9
7 Showing that he had not assigned the rest in anticipation of death.
8 Showing that he assigned the land only on the assumption that he was about to die.
9 See App. I. 16. The presumption is that she accepted the assignment in lieu of her Ketubah.
10 It is still to be presumed that she was willing to share with the sons in the inheritance and to forego her claim to her Ketubah.
11 The slave is himself ‘goods’ and he thus becomes his own possessor.
12 The slave is still in part enslaved to the owner who has still kept back for himself part of his ‘goods’ — including the slave.
13 By which he may have intended to leave the slave himself out of the assignment. |
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- 4 .1. Peah is granted from what is still joined to the ground . From trellised vines and date palms the householder fetches down [the fruit] and distributes it to the poor. R. Simeon says: So, too, with walnut trees. If even ninety-nine were in favour of Peah being distributed and but one was in favour of helping themselves, they must listen to him since he has spoken according to Halakah.
- 4.2. But it is not so with trellised vines and date palms. If even ninety-nine were in favour of helping themselves and but one was in. favour of Peah being distributed, they must listen to him since he has spoken according to Halakah.
- 4.3. If one [of the poor] took part of the Peah and threw it over the rest, [note] 1 naught of it belongs to him. If he fell down upon it or spread his cloak over it, [note] 2 it must be taken away. And the same applies to Gleanings [note] 2 and the Forgotten Sheaf. [note] 3
- 4.4. They may not cut the Peah with sickles or uproot it with spades, lest they strike one another.
- 4.5. [The poor may make] three searches during the day: in the morning, at midday, and at sunset. Rabban Gamaliel says: This is enjoined only lest they search less often. R. Akiba says: This is enjoined only lest they search more often. [The men] of Beth Namer [note] 4 used to reap their crops by the measuring-line and leave Peah from every furrow.
- 4.6. If a gentile reaped his field and afterward became a proselyte he is exempt from [the law of] Gleanings, the Forgotten Sheaf and Peah. R. Judah declares him liable to the law of the Forgotten Sheaf, since that applies at the time of sheaf-binding.
- 4.7. If a man dedicated his standing corn and redeemed it while [it was yet] standing corn, he is subject [to the law of the Forgotten Sheaf]. [If he dedicated it while it was] bound up in sheaves and redeemed it while [it was yet] bound up in sheaves, he is still subject [to the law of the Forgotten Sheaf]. [But if he dedicated it while it was yet] standing corn and redeemed it after it was bound up in sheaves, his crop is exempt, since at the time when it would have been liable it was exempt. [note] 5
- 4.8. In like manner if a man dedicated his produce before it had become liable to Tithes [note] 6 and then redeemed it, it is still liable [to Tithes]; if he dedicated it after it had become liable to Tithes and then redeemed it, it is still liable. But if he had dedicated it before it was ripe and it ripened in the charge of the [Temple] treasurer, and he afterward redeemed it, it is exempt [from Tithes], since at the time when it would have been liable it was exempt. one’, R. Eliezer says: It belongs rightfully to such-a-one. But the Sages say: He must give it to the poor man that is found first. The Gleanings, Forgotten Sheaf and Peah [that have been taken by the poor from the field] of a gentile are liable to Tithes, unless he had declared them ownerless property.
- 4.10. What counts as ‘Gleanings’? Whatsoever drops down at the moment of reaping. If a reaper reaped an armful or plucked a handful, and a thorn pricked him and [what he held] fell from his hand to the ground, this belongs to the householder. [What falls from] within the hand or the sickle [belongs] to the poor; [what falls from] the back of the hand or the sickle [belongs] to the householder. [What falls from] the top of the hand or the sickle, R. Ishmael says: [It belongs] to the poor. R. Akiba says: To the householder.
- 4.11. [What is found in] ant-holes while the corn is still standing, belongs to the householder; after the reapers [have passed over them], what lies uppermost [in the ant-holes] belongs to the poor, and what is beneath belongs to the householder. R. Meir says: It belongs to the poor in either case, since Gleanings that are in doubt are deemed to be Gleanings.
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1 As an assertion that he claimed it.
2 See below, 4
3 Deut. 24. See below, 5.
4 See Num. 32. Perhaps the modern Nimrin in Transjordan. Also explained as a family name. Modern commentators explain Beth Namer as a field cultivated in irregular strips and patches (see 3*, where a verbal form of namer, ‘leopard’, is used).
5 Since the poor have no claims on what is dedicated to the Temple.
6 Namely when it ripens. See Maas. 1 . Under ‘Tithes’ is understood Heave-offering, First (or Levitic) Tithe and Second Tithe or (in the 3rd and 6th years) Poorman’s Tithe. |
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- 5.1. If Gleanings have not been taken from beneath [a place where stands] a heap of corn, whatsoever touches the ground belongs to the poor. If the wind scattered the sheaves [ovef ground from which Gleanings have not been taken] they estimate what Gleanings the field was like to have yielded, and this they give to the poor. Rabban Simeon b. Gamaliel says: They give to the poor as much as the field would require for seed. [note] 1
- 5.2. If [note] 2 the tip of an ear of corn left standing after the reaping touches the standing corn, and it can be reaped together with the standing corn, it belongs to the householder; otherwise it belongs to the poor. If an ear of corn belonging to the Gleanings was confused with corn that was stacked, the householder must tithe [note] 3 an ear of corn and give it to him. R. Eliezer said: But how can this poor man be given aught in exchange for what he has never possessed? [note] 4 — but, rather, the poor man is granted ownership in the whole heap, and then an ear of corn is tithed and given to him.
- 5.3. They may not water the field with a pitcher [note] 5 [before Gleanings have been taken]. So R. Meir. But the Sages permit it because it is [still] possible [for the poor to receive their dues].
- 5.4. If a householder was travelling from one place to another and it became needful for him to take Gleanings, the Forgotten Sheaf or Peah, or Poorman’s Tithe,[note] 6 he may take them, and when he returns to his house he should make restitution. So R. Eliezer. But the Sages say: [He need make no restitution because] at that time he was a poor man.
- 5.5. If a man gave the poor aught in exchange [for their Gleanings] what [they give] in exchange for his is exempt [from Tithes], but what [he gives] in exchange for theirs is liable [to Tithes]. If two [poor] men had leased a field on sharing terms, [note] 7 each may give the other his portion of Poorman’s Tithe. If a [poor] man undertook to reap a field he is forbidden to take Gleanings, the Forgotten Sheaf, Peah, or Poorman’s Tithe. R. Judah said: This applies if he received it from the owner on condition of paying a half, third, or quarter [of the harvest]; but if the owner had said to him, ‘The third of what thou reapest shall be thine’, he is permitted to take Gleanings, the Forgotten Sfyeaf , and Peah, but he is forbidden Poorman’s Tithe.
- 5.6. If a man sold his field he that sells it is permitted [to benefit from what falls to the poor], but the buyer is forbidden. A man may not hire labourers on the condition that a labourer’s son shall glean behind him. If a man will not suffer the poor to glean or suffers one and not another, or aids one of them, he is a robber of the poor. Of such a one it is written, Remove not the landmark of them that come up. [note] 1
- 5.7. If the labourers forgot a sheaf but the householder had not forgotten it; or if the householder forgot it but the labourers had not forgotten it; or if the poor stood in front of it or covered it with stubble, this is not [rightfully] a Forgotten Sheaf.
- 5.8. If he was removing the sheaves elsewhere to bind them into cap- shaped covers or bottom-pieces [for stacks] or cake-shaped [stacks] or [to refashion them] into [larger] sheaves, the law of the Forgotten Sheaf does not apply; if they were taken thence to the threshing-floor the law of the Forgotten Sheaf applies. If he removed the sheaves to the stack, the law of the Forgotten Sheaf applies; but from thence to the threshing-floor the law of the Forgotten Sheaf does not apply. This is the general rule: while the sheaves are taken to the place that marks the end of their preparation, the law of the Forgotten Sheaf applies; but from thence to the threshing-floor the law of the Forgotten Sheaf does not apply; while they are taken to a place that does not mark the end of their preparation the law of the Forgotten Sheaf does not apply; but from thence to the threshing-floor the law of the Forgotten Sheaf applies.
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1 So Maim. See B.M. 9. Bert, and Tif. Yis. would render, ‘according to the proportion that usually falls (at the time of reaping)’, namely one forty-fifth part.
2 Eduy. 2
3 He must give the poor something that is already certainly tithe-free, since the ear of corn, which was the poor man’s due, is tithe-free.
4 According to 4 the owner cannot grant Peah to any poor man in particular.
5 Because this makes it harder for the poor to glean. Maim, and Bert, render, ‘They may not (in sowing) mix vetchlings (with the rest of the grain, since this would be to the detriment of the poor).
6 In the 3rd and 6th years of the Sabbatic cycle, what in other years would be set apart as Second Tithe (see p. 73, n. 6) is given to the poor (Deut. 14).
7 Heb. arisuth; they agree to pay the owner a fixed proportion of the crop as rent; or the owner agrees to pay the cultivator a fixed proportion as his hire.
1 Prov. 22. For olam, ‘of old’, the Mishnah reads olim, ‘they that come up*, meaning either Israelites generally who ‘came up’ from Egypt, or, euphemistically, those who ‘have come down’, i.e. become poor. So also in Peah 7 |
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- 6. 1. The School of Shammai say: [note] 2 [If produce is proclaimed] ‘ownerless’ for the benefit of the poor it is deemed ownerless [and Tithe-free]. And the School of Hillel say: It can only be deemed ownerless [and Tithe-free] if it is proclaimed ownerless [equally] for the benefit of the rich, as in the Year of Release. [note] 3 If the sheaves in a field were each of one kab’s [note] 4 bulk and one was of four kabs, if this was forgotten the School of Shammai say: It may not be deemed a Forgotten Sheaf. And the School of Hillel say: It maybe deemed a Forgotten Sheaf.
- 6.2. If a sheaf lay near to a wall or to a stack or to the oxen or to the implements, and it was forgotten, the School of Shammai say: It may not be deemed a Forgotten Sheaf. [note] 5 And the School of Hillel say: It may be deemed a Forgotten Sheaf.
- 6.3. [Whether any sheaf at] the ends of rows [may or may not be deemed a Forgotten Sheaf] is proved by a sheaf lying over against it. If the house-; holder laid hold of a sheaf to take it to the city and forgot it, they agree that this may not be deemed a Forgotten Sheaf.
- 6.4. These conditions apply to ends of rows: If two began [to gather the sheaves] in the middle of the row, the one facing north and the other facing south, [note] 6 and they forgot [sheaves that had been] in front of them and behind them, what was in front of them may be deemed a Forgotten Sheaf, but what had been behind them [from the beginning] may not be deemed a Forgotten Sheaf; if one alone began from the end of the row and forgot [sheaves] in front of him and behind him, what was in front of him may not be deemed a Forgotten Sheaf, but what was behind may be deemed a Forgotten Sheaf; for here applies the rule, Thou shall not go again. [note] 7 This
is the general rule: where the law Thou shall not go again applies, the law of the Forgotten Sheaf applies, but where the law Thou shalt not go again does not apply, the law of the Forgotten Sheaf does not apply.
- 6.5. Two sheaves together may be deemed Forgotten Sheaves; three
together may not be deemed Forgotten Sheaves. Two heaps of olives or carobs may be deemed ‘Forgotten Sheaves’; three may not. Two stalks of flax may be deemed ‘Forgotten Sheaves”; three may not. Two grapes may count as grape-gleanings; three may not. Two ears of corn may count as Gleanings; [note] 1 three may not. These [rulings] are according to the School of Hillel. Of them all the School of Shammai say: Where there are three they belong to the poor; where there are four they belong to the householder.
- 6.6. If a sheaf containing two seahs was forgotten it may not be deemed a Forgotten Sheaf. If there were two sheaves containing two seahs between them [and they were forgotten], Rabban Gamaliel says: They belong to the householder. But the Sages say: To the poor. Rabban Gamaliel said: Is the householder’s claim strengthened or weakened according to the greater number of the sheaves? They replied: It is strengthened. He said to them: If, therefore, one sheaf containing two seahs, when it is forgotten, may not
be deemed a Forgotten Sheaf, is not the inference that two sheaves, also containing two seahs, shall not be deemed a Forgotten sheaf! They replied: No! as thou arguest of one sheaf, which is as large as a stack, wouldst thou argue also of two sheaves, which are as small as bundles! [note] 2
- 6.7. If standing corn containing two seahs was forgotten it may not be deemed a Forgotten Sheaf. If it did not contain two seahs but was fit to produce two seahs, even if it was but a crop of vetchlings, it must be regarded as though it was a yield of barley.
- 8. Standing corn [that has not been forgotten] saves a sheaf and [other] standing corn [from being deemed forgotten]. A sheaf saves neither [another] sheaf nor standing corn. What standing corn saves the sheaf? Aught soever that has not been forgotten, even though it was but a single stalk.
- 6.9. A seah of plucked corn and a seah of unplucked corn (and the same applies to fruit-trees, garlic and onions) may not be included together to make up two seahs, but must be left for the poor. R. Jose says: If aught that rightly falls to the poor separates them they may not be included together; otherwise they may be included together.
- 6.10. Corn that is used for green-fodder or for binding up sheaves (and the same applies to binding-stalks of garlic and bunches of garlic and onions) may not be deemed a Forgotten Sheaf. And whatsoever is stored away in the ground, like arum, garlic and onions, R. Judah says: They may not be deemed a Forgotten Sheaf. But the Sages say: They may be deemed a Forgotten Sheaf.
- 6.11. If a man reaped by night and tied up sheaves, or if the reaper was blind, the law of the Forgotten Sheaf [still] applies. If he purposed to take away the larger sheaves only, the law of the Forgotten Sheaf does not apply. If he said, ‘I am reaping on the condition that what I forget I will take away [afterward]’, the law of the Forgotten Sheaf [still] applies.
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2 Eduy. 4
3 Deut. 15
4 See App. II, D.
5 One may assume that it was deposited there of set purpose.
6 They are turned back to back with some sheaves between them.
7 Deut. 24
1 Lev 19
2 For other examples of similar argumentation cf. Pes 6; Ned 10; Shubu 3; Zeb 7;Men 12;Hull 4; Ker 3. |
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- 7. 1. If an olive tree in a field has its special fame, such as an olive tree yielding much oil [note] 3 in its season, and it is forgotten, the law of the Forgotten Sheaf does not apply to it. This applies only to [a tree having] its [special] name, or its [special] works, or its [special] place; its name — that it was a ‘Shifkoni’ or ‘Beshani’ tree; [note] 1 its works — that it yielded much; and its place— that it stood beside the winepress or the gap in the wall. But as for other olive trees, if two of them were forgotten the law of the Forgotten
Sheaf applies; but if three, it does not apply. R. Jose says: The law of the Forgotten Sheaf does not apply to olive trees.
- 7.2. If an olive tree stood among three rows [of other olive trees] bordering two plots [of sown ground], and was forgotten, the law of the Forgotten Sheaf does not apply. If an olive tree which bears two seahs was forgotten, the law of the Forgotten Sheaf does not apply. This is so only if they had not begun to pick the tree; but if they had already begun (even if [it is known] as an olive tree yielding much oil [note] 2 in its season), and had then forgotten it, the law of the Forgotten Sheaf applies. So long as aught remains
[ungathered on the ground] below [the tree], what is left above still belongs to the householder. R. Meir says: Only after the beater [that knocks off hidden olives] has gone by [does the law of the Forgotten Sheaf apply to what is left].
- 7.3. What counts as ‘grape-gleanings’? [note] 3 [Single grapes] that fall to the ground during the vintage. If during the vintage the gatherer cut off a cluster which became entangled in the leaves and fell from his hand to the ground, and berries fell off, they still belong to the householder. If a man put a basket beneath the vine while he was gathering the grapes, such a one is a robber of the poor. Of him it is written, Remove not the landmark of them that come up [note] 4
- 7.4. What counts as ‘a defective grape-cluster’? [note] 5 Any cluster that lacks both shoulder and pendant. If it has still either shoulder or pendant it belongs to the householder; if it is in doubt, it belongs to the poor. If a defective cluster on the crutch of a branch was cut off together with a cluster [that was not defective], it belongs to the householder; otherwise it belongs to the poor. If a grape grew singlv, R. Judah says: It counts as a cluster. But the Sages say: As a defective cluster.
- 7.5. If a man thinned out his vines, he may thin out what belongs to the poor like as he thins out what belongs to himself. [note] 6 So R. Judah. R. Meir says: He has rights over what is his but not over what belongs to the poor.
- 7.6. The School of Shammai say: The rules of the [Added] Fifth [note] 7 and of Removal [note] 8 do not apply to [the grapes of] a Fourth Year Vineyard. [note] 9 And the School of Hillel say: They do apply. The School of Shammai say: The laws of grape-gleanings and of the defective cluster apply, and the poor redeem the grapes for themselves. [note] 10 And the School of Hillel say: The whole yield goes to the winepress. [note] 11
- 7.7. If a vineyard has in it naught save defective clusters, R. Eliezer says: They belong to the householder. R. Akiba says: To the poor. R. Eliezer said: [It is written], When thou gather est the grapes of thy vineyard thou shalt not take the defective clusters. [note] 1 Since there can be no grape-gathering how can there be defective clusters [for the gleaners] ? R. Akiba replied: [It is written], And from thy vineyard thou shalt not take the defective clusters [note] 2— even though all the grapes are defective clusters. Why, then, is it written, When thou gather est the grapes of thy vineyard thou shalt not take the defective clusters} [To teach that] the poor have no claim to the
defective clusters before the vintage.
- 7.8. If a man dedicated his vineyard before it can be known which are the defective clusters, the poor have no claim to them; but if he dedicated it after it was known which were the defective clusters, they belong to the poor. R. Jose says: They must reward the Temple for their increase. To what does the law of the Forgotten Sheaf apply in a trellised vine ? To whatsoever is beyond a man’s reach. And in a ground-trained vine ? [To whatsoever is left] after the grape-gatherer has passed by it.
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3 Or, ‘as a Netophah olive tree’. For Netophah see Ezr. 2.
1 i.e. from Beisan(Beth Shean). These two names maybe taken as adjectives, meaning ‘profusely yielding’ and ‘ill-yielding*. The latter is also interpreted ‘putting (other trees) to shame (by its heavy yield)
2 See p. 17, n. 3.
3 Heb. peret. Lev. 19
4 See p. 16, n. 1
5 Heb. oleleth; used (in the plural) in Is. 17; 24 in the general sense of grape-gleanings.
6 i.e. he may thin out the single grapes and the defective clusters.
7 See B.M. 4
8 See M. Sh. 5. ‘Removal’ and the Added Fifth (when the fruit is substituted by its money value) apply to Second Tithe.
9 After the first three years of ‘the fruit of its uncircumcision’ (Lev. lo, 19) the fruit of any tree (not of vines only) that grows in the fourth year (or the money with which it has been redeemed) must be taken up to Jerusalem and there consumed in conditions similar to those prescribed for Second Tithe (p. 73, n. 6). See M. Sh. 5
10 And take them to Jerusalem.
11 Of the householder.
1 Deut. 24
2 Lev. 19 |
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- 8. 1. From what time are all men permitted to glean from the field? After the last of the poor have gone. And to take grape-gleanings and defective clusters? After the poor have gone into the vineyard and returned. And to glean from the olive trees? After the second rainfall. [note] 3 R. Judah said: But are there not some that do not pick their olives until after the second rainfall ? — but, rather, [others may not glean from the olive trees] until such time that when a poor man goes forth he cannot bring back more than four issars’ [note] 4 worth.
- 8.2. [The poor] may be believed [note] 5 about Gleanings, the Forgotten Sheaf, and Peah in their season, and Poorman’s Tithe in the year thereof. [note] 6 The levite may be believed [note] 7 at all times. But they may be believed only about produce that men are accustomed to give them.
- 8.3. [The poor] may be believed about [unground] wheat, but not meal or bread. They may be believed about rice in the husk, but not [husked rice] whether uncooked or cooked. They may be believed about beans, but not crushed beans, whether uncooked or cooked. They may be believed about oil if they say, ‘It is Poorman’s Tithe’, but not if they say, ‘It is from olive gleanings’.
- 8.4. They may be believed about vegetables that are raw but not if they are cooked, unless the quantity is small; for such is the custom of a house- holder to take out of his stewpot [and give to the poor].
- 8.5. They may not give to the poor from the threshing-floor [as Poorman’s Tithe] less than a half-kab of wheat or a kab of barley (R. Meir says: A halikab of barley) or a kab and a half of spelt or a kab of dried figs or a mina of fig-cake (R. Akiba says: Half a mina), a half-log of wine (R. Akiba ays: A quarter), or a quarter-log of oil (R. Akiba says: An eighth). Of any other produce, Abba Saul says: [They should be given] so much that, if they sell it, they can buy there with food for two meals.
- 8.6. This measure is prescribed for priests, for levites, and for Israelites alike. If a man would keep aught back [for his own poor kinsfolk] he should take away half and give half [to the poor that come to him]. If he has but little [and cannot give each of the poor the prescribed measure], he should set it before them while they divide it among themselves.
- 8.7. A poor man that is journeying from place to place should be given not less than one loaf worth a pondion [from wheat costing] one sela for four seahs. [note] 1 If he spends the night [in such a place] he should be given what is needful to support him for the night. If he stays over the Sabbath he should be given food enough for three meals. If a man has food enough for two meals he may not take aught from the [Paupers’] Dish, [note] 2 and if enough for fourteen meals he may not take aught from the [Poor]-Fund. The [Poor-]Fund is collected by two and distributed by three.
- 8.8. If a man had two hundred zuz he may not take Gleanings, the Forgotten Sheaf, Peah or Poorman’s Tithe; if he had two hundred less one denar, [note] 3 and even a thousand [householders] together gave him each (one denar) , he may take [Gleanings, the Forgotten Sheaf, Peah or Poorman’s Tithe]. If his goods were pledged to his creditor or were security for his wife’s Ketubah, he may take [Gleanings, the Forgotten Sheaf, Peah, or Poorman’s Tithe]. They may not compel a man to sell his house or his articles of service.
- 8.9. If a man had fifty zuz and he traded with them, he may not take [Gleanings, the Forgotten Sheaf, Peah or Poorman’s Tithe]. He that does not need to take them yet takes them shall not depart from this world before he falls in need of his fellow men; but he that needs to take them yet does not take them shall not die in old age before he has come to support others out of his own goods. Of such a one it is written, Blessed is the man that trusteth in the Lord, and whose hope the Lord is. [note] 4 And if a man is not lame or dumb or blind or halting, yet makes himself like to one of them, he shall not die in old age before he becomes like to one of them, as it is written, But he that searcheth after mischief it shall come unto Aim. [note] 5 And again it is written, That which is altogether just shall thou follow. [note] 6 So, too, is it with a judge that judges a judgement of truth according to its truth. And [note] 7 any judge that takes a bribe and perverts judgement shall not die in old age before his eyes wax dim, as it is written, And thou shalt take no gift, for a gift blindeth them that have sight. [note] 8
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3 See Shebi. 9 It was about November.
4 See App. II, A.
5 When he so describes what he sells to an ‘Associate’ (see p. 20, n. 9). As such they are tithe-free and the ‘Associate’ need not assume that they are Demai, not certainly tithed.
6 Namely the 3rd and 6tb years of the sabbatic cycle.
7 If he says that produce, which he is selling, is First Tithe from which Heave-offering of Tithe has been duly separated.
1 Cf Erub 8
2 Cf Pes 10
3 Or zuz
4 Jer 17
5 Prov 11
6 Deut 16
7 Some texts omit the rest of the paragraph
8 Ex 23 |
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