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Mishnah Peah
משנה פאה
merged
https://www.sefaria.org/Mishnah_Peah
This file contains merged sections from the following text versions:
-Mishnah Yomit by Dr. Joshua Kulp
-http://learn.conservativeyeshiva.org/mishnah/
Mishnah Peah
Chapter 1
These are the things that have no definite quantity: The corners [of the field]. First-fruits; [The offerings brought] on appearing [at the Temple on the three pilgrimage festivals]. The performance of righteous deeds; And the study of the torah. The following are the things for which a man enjoys the fruits in this world while the principal remains for him in the world to come: Honoring one’s father and mother; The performance of righteous deeds; And the making of peace between a person and his friend; And the study of the torah is equal to them all.
They should not leave peah of less than one-sixtieth [of the field]. But even though they said, “there is no measure for peah,” everything depends upon the size of the field, the number of poor people, and the extent of the yield.
They may give peah at either at the beginning of the [reaping of the] field or at the middle of it. Rabbi Shimon says: as long as he gives at the end according to the set amount. Rabbi Judah says: if he leave, one stalk, he can rely on this as [fulfilling the law of] peah; and if he did not, then he only gives as ownerless property.
They said a general principle concerning peah: whatever is food, and is looked after, and grows from the land, and is harvested all at the same time, and is brought in for storage, is subject to the law of pe'ah. Grain and beans are in this category.
Among trees: the sumac, the carob, the nut, the almond, the grapevine, the pomegranate, the olive and the palm are subject to peah.
He may always give peah and be exempt from giving tithes until he makes a stack. One who gives [to the poor] as ownerless [produce] and be exempt from giving tithes until he makes a stack. He may feed cattle, wild animals and birds and be exempt from giving tithes until he makes a stack. He may take from the threshing floor and use it as seed and be exempt from giving tithes until he makes a stack, the words of Rabbi Akiva. A priest or Levite who purchase [grain of] a threshing floor, the tithes are theirs unless [the owner] has already made a stack. One who dedicated [his crop] and redeems it [afterwards] is obligated to give tithes until the Temple treasurer has made a stack.
Chapter 2
The following divide a field for peah: a stream, a pool, a private road, a public road, a public path, a private path in constant use in summer and the rainy season, fallow land, a plowed field and a different seed. One who harvested for animal fodder, [the plot] serves divides, the words of Rabbi Meir. But the sages say: it does not stop for peah unless it is plowed.
A water channel that makes harvesting [on one side] impossible [while standing on the other side], Rabbi Judah says: it divides. But all of the hills that can be tilled with a hoe, even though cattle cannot pass over it in with their equipment, [is regarded as part of the field] he gives one peah from it all.
All of these divide in the case of a field [planted] with seeds, but in the case of trees nothing divides except a fence. Should the branches intertwine [on top of the fence], then it does not divide and he gives one peah for the whole field.
As for carob trees, [they are not divided] as long as they see one another. Rabban Gamaliel said: we had this custom in the house of my father. We would give separate peah from the olive trees in each direction and [one peah] for all the carob trees that saw one another. Rabbi Elazar bar Zadok said in his name: also for the carob trees they had in the whole city [they only gave one peah].
He who plants his field with one kind of seed, even though he makes up of it two threshing-floors, he gives only one peah [for the lot]. If he plants it of two kinds, even though he makes up of it one threshing-floor, he must give two peahs. One who plants his field with two species of wheat: If he makes up of it one threshing-floor, he gives only one peah; But if two threshing-floors, he gives two peahs.
It happened that Rabbi Shimon of Mitzpah planted his field [with two different kinds] and came before Rabban Gamaliel. They both went up to the Chamber of Hewn Stone and asked [about the law]. Nahum the scribe said: I have a tradition from Rabbi Meyasha, who received it from Abba, who received it from the pairs [of sages], who received it from the prophets, a halakhah of Moses from Sinai, that one who plants his field with two species of wheat, if he makes up of it one threshing-floor, he gives only one peah, but if two threshing-floors, he gives two peahs.
A field harvested by gentiles, or harvested by robbers, or which ants have bitten [the stalks at the roots], or which wind and cattle have broken down, is exempt from peah. If [the owner] harvested half of it and robbers harvested half, it is exempt from peah, for the obligation of peah is in the standing grain.
If robbers harvested half and the owner the other half, he gives peah from what he has harvested. If he harvested half and sold the other half, then the purchaser must give peah for the whole. If he harvested half and dedicated the other half, then he who redeems it from the Temple treasurer must give peah for the whole.
Chapter 3
Plots of grain between olive trees: Bet Shammai say: peah from each and every plot. But Bet Hillel says: one peah for them all. And they agree that if the ends of the rows enter one into the other, he gives one peah for them all.
One who gives his field a striped appearance and leaves behind moist stalks: Rabbi Akiva says: he gives peah from each and every stripe. But the sages say: from one stripe for the whole field. The sages agree with Rabbi Akiba that one who sows dill or mustard in three places must give peah from each place.
One who clears [his field] of fresh onions for the market and leaves the dry ones [in the ground] for the [time of the] threshing floor, must give peah from these on their own and these on their own. The same applies to beans and to a vineyard. If he, however, he only thins it out, then he gives [peah] from the remainder according to the quantity of that which he left. But if he clears [three from one place] at one time, he gives from the remainder according to the entire quantity.
Onions grown for their seed are liable for peah. But Rabbi Yose exempts them. Plots of onions [growing] between vegetables: Rabbi Yose says: peah must be given from each [plot]. But the sages say: from one [plot] for all.
[Two] brothers who divided [an inheritance] must give [two] peahs. If they afterwards again become partners they give one peah. Two who purchase a tree, they give one peah. If one buys the northern section [of the tree] and the other the southern section, each must give peah separately. One who sells young saplings in his field, [the one who purchases] must give peah from each sapling. Rabbi Judah said: When is this so? When the owner of the field left nothing [for himself]. But if he did leave something [for himself], he gives one peah for the whole.
Rabbi Eliezer says: a piece of ground [large enough to plant] one fourth of a kav is liable for peah. Rabbi Joshua says: it must [be large enough] to grow two seahs. Rabbi Tarfon says: it must be six by six handbreadths. R. Judah ben Batera says: [it must be large enough] for a sickle to cut at least two handfuls and the halakhah is according to his words. Rabbi Akiva says: any size of land is liable for peah and for first-fruits, and [is sufficient] for the writing of the prozbul, and also to acquire through it movable property by money, by deed, or by a claim based on undisturbed possession.
One who is about to die who assigns his property in writing [to another]: If he retains any land [for himself] however small, he renders his gift valid. But if he retains no land whatsoever, his gift is not valid. One who assigns in writing his property to his children, and he assigns to his wife in writing any plot of land, however small, she lost her ketubah. Rabbi Yose says: if she accepted [such an assignment] even though he did not assign it to her in writing she lost her ketubah.
One who assigns in writing his possessions to his slave, [the slave] thereby goes free. If he reserved for himself any land, however small, he does not become free. Rabbi Shimon says: he always becomes free, unless [the master] says: “Behold, all my goods are given to so-and-so my slave, with the exception of one ten-thousandth part of them.”
Chapter 4
Peah is given from [the crop] while it is still connected with the soil. But in the case of hanging vine-branches and the date-palm, the owner brings down [the fruit] and distributes it among the poor. Rabbi Shimon says: the same applies to smooth nut trees. Even if ninety-nine [of the poor] say [to the owner] to distribute it and one says to leave it in the field, this latter is listened to, since he spoke in accordance with the halakhah.
With hanging vine-branches and date-palm trees it is not so; even if ninety-nine [of the poor] say [to the owner] to leave it in the field and one says to distribute it, this latter is listened to, since he spoke in accordance with the halakhah.
If [a poor man] took some of the peah [already collected] and threw it onto the remainder [not yet collected], he gets none of it. If he fell down upon it, or spread his cloak over it, they take the peah away from him. The same applies to gleanings and the forgotten sheaf.
[The poor] may not harvest peah with scythes or tear it out [of the ground] with spades, so that they might not strike one another [with these implements].
There are three times a day [the poor] make a search [in the field for peah]: morning, noon, and sunset. Rabban Gamaliel says: these [times] were only set lest they reduce them. Rabbi Akiva says: these were set lest they add to them. [The men] of Bet Namer used to have the poor harvest [the peah] with the aid of a rope, and they left peah at the end of each furrow.
A non-Jew who harvested his field and then converted, he is exempt from [leaving] gleanings, the forgotten sheaf and peah. Rabbi Judah makes him liable to leave the forgotten sheaf, since he becomes liable for the forgotten sheaf at the time of their binding.
One who dedicated standing grain [to the Temple] and then redeemed it while it was still standing grain, he is liable [to give the agricultural gifts to the poor]. [If he dedicated] sheaves and redeemed them while they were still sheaves, he is liable. [If he dedicated] standing grain and redeemed it [when it was already in] sheaves, he is exempt, since at the time when it became liable it was exempt.
Similarly one who dedicates his produce prior to the stage when they are subject to tithes and then redeemed them, they are liable [to be tithed]. If [he dedicated them] when they had already become subject to tithes and then redeemed them, they are liable [to be tithed]. If he dedicated them before they had ripened, and they became ripe while in the possession of the [Temple] treasurer, and he then redeemed them, they are exempt, since at the time when they would have been liable, they were exempt.
One who collected peah and said, “This is for so-and-so a poor man:” Rabbi Eliezer says: he has thus acquired it for him. The sages say: he must give it to the first poor man he finds. Gleanings, the forgotten sheaf and the peah of non-Jews are subject to tithes, unless he [the non-Jew] had declared them ownerless.
What are gleanings? That which falls down at the time of harvesting. If while he was harvesting, he harvested a handful, or plucked a fistful, and then a thorn pricked him, and what he had in his hand fell to the ground, it still belongs to the owner. [That which drops from] inside the hand or the sickle [belongs] to the poor, but [that which falls from] the back of the hand or the sickle [belongs] to the owner. [That which falls from] the top of the hand or sickle: Rabbi Ishmael says: to the poor; But Rabbi Akiva says: to the owner.
[Grain found in] ant holes where the stalks are still standing, behold it still belongs to the owner. After the harvesters [had passed over them], those found in the top parts [of the ant holes belong] to the poor, but [those found] on the bottom parts [belong] to the owner. Rabbi Meir says: it all belongs to the poor, for gleanings about which there is any doubt are regarded as gleanings.
Chapter 5
If a pile of grain was stacked [on part of a field] from which gleanings had not yet been collected, whatever touches the ground belongs to the poor. If the wind scattered the sheaves, they estimate the amount of gleanings the field would have yielded and they give that to the poor. Rabban Shimon ben Gamaliel says: he must give to the poor the amount that would fall.
The top of a single ear of grain [that remained] after the harvesting and its top touches the standing stalk: If it can be cut with the stalk, it belongs to the owner; But if not, it belongs to the poor. If an ear of grain of gleanings that became mixed up with a stack of grain, [the owner] must tithe one ear of grain and give it to him [the poor]. Rabbi Eliezer says: how can this poor man give in exchange something that had not yet become his? Rather, [the owner] must transfer to the poor man the ownership of the whole stack and then tithe one ear of grain and give it to him.
They should not [irrigate a field] with a water wheel, the words of Rabbi Meir. The sages permit it, because it is still possible [for the poor to get their gleanings].
A property owner who was passing from place to place and need to take gleanings, the forgotten sheaf, peah or the poor man’s tithe, he may take them, and when he returns home, he must pay [for the amount gathere], the words of Rabbi Eliezer. The sages say: he was a poor man at that time [and so he need not make restitution].
One who exchanges with the poor, [what they give in exchange] for his is exempt [from tithes] but what [he gives in exchange] for that of the poor is subject [to tithes]. Two who received a field as sharecroppers, this one may give to the other his share of the poor man’s tithe and this one may give to the other his share of the poor man’s tithe. One who receives a field in order to harvest it, he is forbidden to take gleanings, the forgotten sheaf, peah or the poor man’s tithe. Rabbi Judah said: When is this so? When he receives it [in order to pay the owner] a half, third or quarter [of the crop]. But [if the owner] had said to him: “A third of that which you harvest belongs to you,” then he may take gleanings, the forgotten sheaf and peah, but not the poor man’s tithe.
One who sells, the seller is permitted [to take the agricultural gifts] and the purchaser is forbidden. One may not hire a worker on the condition that the son [of the worker] should gather the gleanings after him. One who does not allow the poor to gather, or one who allows one but not another, or one who helps one of them [to gather] behold he is a robber of the poor. Concerning him it is said: “Do not remove the landmark of those that come up (olim)” (Proverbs 22:28).
A sheaf which the workers forgot but not the land owner, or which the land owner forgot but not the workers; or [a sheaf] which the poor stood in front of [and blocked its view], or they covered it up with stubble, it is not considered a forgotten sheaf.
One who binds sheaves into stack covers, stack bases, round stacks or regular stacks, he is not subject to the law of the forgotten sheaf [while binding]. [When bringing them afterwards] to the threshing-floor, he is subject to the law of the forgotten sheaf. One who piles up the sheaves to make a stack, he is subject to the law of the forgotten sheaf. [When bringing them afterwards] to the threshing-floor, he is not subject to the law of the forgotten sheaf. This is the general rule: whoever makes the sheaves at the place which is the end of the work is subject to the law of the forgotten sheaf, [and afterwards when he takes] them to the threshing-floor, he is not subject to the law of the forgotten sheaf. However, [one who piles up the sheaves] at a place which is not the end of the work, is not subject to the law of the forgotten sheaf; [and afterwards when he takes] them to the threshing-floor, he is subject to the law of the forgotten sheaf.
Chapter 6
Bet Shammai says: [That which is] made ownerless only in regard to the poor is indeed ownerless. But Bet Hillel says: it is not ownerless unless ownership is renounced even for the rich, as in the case of the sabbatical year. [If] all of the sheaves in a field are a kav each, and one is four kavs and that one is forgotten: Bet Shammai says: it is not considered forgotten. But Bet Hillel says: it is considered forgotten.
A sheaf left near a stone fence, or near a stack [of grain] or near oxen, or near equipment: Bet Shammai says: it is not considered “forgotten”; Bet Hillel says: it is considered “forgotten.”
[With regard to sheaves forgotten] at the end of the row, the sheaf lying across from it proves [that the first sheaf has not been forgotten.] [As for] a sheaf that [the owner] took to bring it to the city and forgot it, all agree that it is not considered a “forgotten sheaf.”
These are to be considered ends of the rows:If two men begin [to gather] from the middle of the row, one facing north and the other south and they forget [some sheaves] in front of them and behind them, those left in front of them are “forgotten,” but those left behind them are not “forgotten.” If an individual begins from the end of the row and he forgets [some sheaves] in front of him and behind him, those in front of him are not “forgotten”, whereas those behind him are “forgotten,” for this comes under the category of “you shall not go back [to retrieve it].” This is the general rule: anything that can be said to fall under the law “you shall not go back” is considered “forgotten,” but that to which the principle of “you shall not go back” cannot be applied is not considered “forgotten.”
Two sheaves [left lying together] are “forgotten,” but three are not “forgotten.” Two bundles of olives or carobs are “forgotten” but three are not “forgotten.” Two flax-stalks are “forgotten”, but three are not “forgotten”. Two grapes are considered “grape gleanings,” but three are not “grape gleanings.” Two ears of grain are deemed “gleanings,” but three are not gleanings.” All these [rulings] are according to Bet Hillel. And concerning them all Bet Shammai says that three [that are left] belong to the poor, and four belong to the owner.
A sheaf that has two seahs and he forgot it it is not considered “forgotten.” Two sheaves that together comprise two seahs: Rabban Gamaliel says: they belong to the owner; But the sages say: they belong to the poor. Rabban Gamaliel said: “Are the rights of the owner strengthened or weakened according to the greater number of the sheaves?” They replied, “His rights are strengthened.” He said to them: “If in a case of one sheaf of two seahs it is not deemed “forgotten,” then how much more should be the case of two sheaves that together contain two seahs?” They replied: “No. If you argue in the case of one sheaf it is because it is large enough to be considered a stack. Are you going to argue likewise in the case of two sheaves which are like bundles?”
A standing stalk of grain that contains two seahs and he forgot it, it is not considered “forgotten.” If it does not contain two seahs now, but is fit to yield two seahs, even if it was of an inferior kind of barley, it is regarded as full barley [grains].
A standing stalk of grain can save a sheaf and another standing stalk [from being regarded as “forgotten”]. A sheaf cannot save either another sheaf or a standing stalk. What is the standing stalk of grain that can save a sheaf? Anything which has not been forgotten, even though it is a single stalk.
A seah of plucked grain and a seah of unplucked grain, and also trees; and garlic and to onions do not combine to count as two seahs, but rather they must be left to the poor. Rabbi Yose says: if anything that belongs to the poor comes in between them, the two are not combined together; otherwise, they do combine.
Grain used for fodder or [stalks] used for binding sheaves, and also garlic-stalks used for tying other bunches, or tied bunches of garlic and onions they [all are not subject to the laws of] forgotten. Anything stored in the ground like arum, garlic and onions: Rabbi Judah says: they do not subject to the laws of “forgotten”; But the sages say: they are subject to the laws of “forgotten.”
One who harvests by night and binds sheaves [by night] or one who is blind [that which he leaves] is subject to the law of the “forgotten.” If he intends to remove large leaves first, then the law of “forgotten” does not apply. If he said: “Behold, I am reaping on the condition that I take afterwards that which I have forgotten,” the law of “forgotten” still applies.
Chapter 7
An olive tree that has a name in the field, such as the olive tree of Netofah in its time, and he forgot it, it is not deemed “forgotten.” To what does this apply? [Only to a tree distinguished] by its name, produce, or position. “By its name:” if it were a shifkhoni or beshani. “By its produce:” if it yields large quantities. “By its position:” if it stands at the side of the winepress or near the gap in the fence. Other kinds of olive trees: two are deemed “forgotten”, but three are not deemed “forgotten.” Rabbi Yose says: there is no law of “forgotten” for olive trees.
An olive tree found standing between three rows [of olive trees] which have two plots separating them, and he forgot it, it is not deemed, “forgotten.” An olive tree containing two seahs and he forgot it, it is not deemed forgotten. To what does this apply? Only when he [the owner] had not yet begun [to harvest the tree], but if he had begun, even if it were like the olive tree of Netofah in its time, and he forgot it, it is deemed forgotten. As long as the owner has some of the olives belonging to him at the foot of the tree, he has [possession] of those on top of the tree. Rabbi Meir says: [forgotten applies only] after [those with] the beating-rod have gone.
What is peret? [Grapes] which fall down during the harvesting. If while he was harvesting [the grapes], he cut off an entire cluster by its stalk, and it got tangled up in the [grape] leaves, and then it fell from his hand to the ground and the single berries were separated, it belongs to the owner. One who places a basket under the vine when he is harvesting [the grapes], behold he is a robber of the poor. Concerning him it is said: “Do not remove the landmark of those that come up (olim)” (Proverbs 22:28).
What constitutes a defective cluster (olelet) of grapes? Any [cluster] which has neither a shoulder [a wide upper part] nor a pendant [a cone-shaped lower part]. If it has a shoulder or a pendant, it belongs to the owner. If there is a doubt, it belongs to the poor. A defective cluster on the joint of a vine [where a normal cluster hangs from the vine], if it can be cut off with the cluster, it belongs to the owner; but if it can not, it belongs to the poor. A single grape: Rabbi Judah says: It is deemed a whole cluster, But the sages say: It is deemed a defective cluster.
One who is thinning out vines, just as he may thin out in that which belongs to him, so too he may thin out in that which belongs to the poor, the words of Rabbi Judah. Rabbi Meir says: in that which belongs to him, he is permitted, but he is not permitted in that which belongs to the poor.
[The grapes of] a vineyard in its fourth year:Bet Shammai says: the laws of the added fifth and removal do not apply to them; But Bet Hillel says: they do. Bet Shammai says: the laws of peret and the defective clusters apply to them, and the poor can redeem the grapes for themselves. But Bet Hillel says: all [of them] go to the wine-press.
A vineyard which consists entirely of defective clusters: Rabbi Eliezer says: it belongs to the owner. Rabbi Akiva says: to the poor. Rabbi Eliezer: “When you harvest the grapes of your vineyard, do not take the defective clusters” (Deuteronomy 24:21). If there is no grape harvesting, how can there be “defective clusters”? Rabbi Akiva said to him: “And from your vineyard do not take the defective clusters” (Leviticus 19:10) even if it consists entirely of defective clusters. If that is so, why is it said: “When you harvest the grapes of your vineyard, do not take the defective clusters”? [This teaches that] the poor have no right to claim the defective clusters before the harvest.
One who dedicates his entire vineyard [to the Temple] before the “defective clusters” were recognizable, the “defective clusters” do not belong to the poor. After the defective clusters were recognizable, then they do belong to the poor. Rabbi Yose says: [the poor] must give the value of their improved growth to the Temple. What is deemed “forgotten” in the case of a trellis [a lattice for supporting plants]? Anything that one can no longer stretch his hand and take it. And in the case of ground-trained vines? From the time [the gatherers] pass by it.
Chapter 8
From when are all people permitted to take gleanings, [forgotten sheaves and peah]? After the old ones of the poor have gone. And in the case of peret and defective clusters? After the poor have gone into the vineyard and come back again. And in the case of the olive trees? After the descent of the second rainfall. Rabbi Judah said: But aren’t there those who do not harvest their olives until after the second rainfall?” Rather, once the poor man has gone out [to gather the agricultural gifts taken from olive trees] and cannot bring back with him [more than the value of] four issars.
They [amei haaretz] are to be believed concerning gleanings, the forgotten sheaf and peah during their [harvest] season, and concerning the poor man’s tithe during its whole year. A Levite is always to be trusted. They are only believed in those things which men are accustomed to give them.
They are trusted concerning wheat, but they are not trusted when it is flour or bread. They are trusted concerning rice in its husk, but they are not trusted when it is either raw or cooked. They are trusted concerning beans but they are not trusted when they have been pounded, neither raw nor cooked. They are trusted when concerning oil, to declare that it is from the poor person’s tithe, but they are not trusted over [oil] when they claim that it is from the olives [left on the] top [of the tree.]
They are trusted concerning raw vegetables, but they are not trusted concerning are cooked ones, unless he has only a little bit, for so it was the custom of a householder to take out of his stew-pot [and give a little to the poor].
They may not give to the poor from the threshing-floor less than a half-kav of wheat or a kav of barley. R. Meir says: [only] half a kav [of barley]. [They must give] a kav and a half of spelt, a kav of dried figs or a maneh of pressed figs. Rabbi Akiva says: half a maneh. [They must give] half a log of wine. Rabbi Akiva says: a quarter. [They must give] a quarter [log] of oil. Rabbi Akiva says: an eighth. As for other kinds of produce: Abba Shaul says, [they must give enough] so that he can sell it and buy food enough for two meals.
This measure was stated for the priest, Levite and Israelite alike. If he was saving some [to give to his poor relatives], he can retain half and give the other half away. If he has only a small amount, then he must place it before them and they then divide it among themselves.
They may not give a poor person wandering from place to place less than a loaf worth a pundion at a time when four seahs [of wheat cost] one sela. If he spends the night [at a place], they must give him the cost of what he needs for the night. If he stays over Shabbat they must give him enough food for three meals. He who has the money for two meals, he may not take anything from the charity dish. And if he has enough money for fourteen meals, he may not take any support from the communal fund. The communal fund is collected by two and distributed by three people.
One who possesses two hundred zuz, may not take gleanings” the forgotten sheaf, peah or the poor man’s tithe. If he possesses two hundred minus one denar, then even if a thousand [men] each give him at the same time, he may accept. If he had [two hundred zuz] mortgaged to a creditor or to his wife’s ketubah, he may take. They do not force him to sell his house or his tools.
One who has fifty zuz and he is using them for his business, he must not take. And anyone who does not need to take [charity] and yet takes, will not depart from this world before he actually needs [charity] from others. And anyone who needs to take and does not take, will not die of old age until he supports others with his own money. Concerning him the verse says: “Blessed is the man who trusts in the Lord and whose hope is the Lord” (Jeremiah 17:7). And so too a judge who judges in truth according to its truth. And anyone who is not lame or blind but pretends to be as one of these, he will not die of old age before he actually becomes one of these, as it is said, “He who searches for evil, it shall come upon him” (Proverbs 11:27) and it is also said: “Righteousness, righteousness shall you pursue" (Deuteronomy 16:20). And any judge who accepts a bribe or who perverts justice will not die in old age before his eyes have become dim, as it is said: “And you shall not accept a bribe, for a bribe blinds the eyes of those who have sight. (Exodus 23:8)”