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Van Pns Naiwina O^Y D"TN Oj?B)P O Npi N Vil Tliwic^ :N Fljvm (Fol. 34D

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Van Pns Naiwina O^Y D 'van pns naiwina O^y D"TN Oj?b)p OnpiN Vil TliWiC^ :N flJVM (fol. 34d) nrriy irn^ni .ojn oari ny i-paq ty rpn» oj-frr? Ninyj 717:? ;jinn n* ty ^inn o^» n^ n* ty linn n* Nn»v> wpflii mT>av .jiiiit)? 10b inil? ni^ ViSl naio? Mishnah 1: In earlier times they said a person may collect wood, stones, and grasses on his own property in the way he may collect on somebody else's property, but only large pieces1. But after transgressors became numerous2 they decreed that everybody only collect from somebody else's without reciprocity3 and it goes without saying that he does not have to allot him food4. 1 Since agricultural land is ac- weeding and clearing their fields from cessible to everybody in the Sabbatical stones. year, one may collect not only food but 3 He arranges to clear a friend's also weeds, etc. But it is forbidden to field and the friend will clear his. weed and to improve one's property in 4 The last clause is unnecessary. the Sabbatical; therefore, the owner If a person removing weeds and only is permitted to remove large pebbles from another person's field pieces from his field, not small weeds cannot expect that the other person and small stones whose removal will do the same for him, he cannot requires the most effort. expect the other person to feed him 2 They said that they were taking while he is cleaning his field. large pieces when in effect they were HALAKHAH 1 425 io-iis yon nji> ."id on>?iN vn mi^fO} M nain (foi.35) 030 nts VW o^tyJJ) o^V ojp^o onniN vn nJWN-a >MI>)? ni>n> nym .D>oj> o>j?i V3 ii^n TY1? opb» Ninv> nil? oan 053^)3 n^i rii -jinn ojJ^IQ n* .i3\pj?>!? -iniN in") N -iniN irn naio? vv>l?£>? nnioi T\\ TY ^inn .>1390 ini li-^n ip PNUO 171»$ wpj^n n^io? Halakhah 1: "In earlier times they said," etc. Rebbi Jonah said, the Mishnah has to be stated as follows5: In earlier times they said, a person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else's property both large and small pieces. When they suspected that people were collecting but were saying, we took only large pieces, they decreed that everybody only collect from somebody else's property without reciprocity. When they suspected that people were collecting in reciprocity but saying, we collected without reciprocity, they decreed that one may collect only from close by and from what is in ample supply6. 5 A much shortened version of translate ,i2fnn by "ownerless property", this is in Tosephta 3:8. but this acceptation is not supported by 6 The commentators, from R. any parallels. Eliahu Fulda to R. Saul Lieberman, rowio rowN-> NYW ION Rebbi Zei'ra said, first and first are supported7. 7 Of the three restrictions indi- coarse matter and that one may not cated by R. Jonah and the Tosephta, collect in reciprocity, are valid. The only the first two, that one may not third one, not mentioned in the collect from one's own other than Mishnah, is not practice. 426 SHEVI'IT CHAPTER FOUR T *TnnDi n im>T3 ovyT im>T3 • nn>T n: IT T Jiroi*T - n- inona •/ ovy inonT n Vrm> t nT : IT Nin •)? jpN on .o>j?i?\{> D>oan in nno^ inn .ji^nyjn iniw-173 TIN If his animal was there, his animal is proof for him8. If his cooking stove was there, his cooking stove proves for him9. If he collected the coarse pieces, may he come back and collect the coarsest of the smaller ones? If you say so, he will collect his entire field. 8 He collects weeds as animal fragment has imto "his basket" instead fodder, not to weed his field. of into "his cooking stove"; this might 9 He collects fallen wood as fuel, be the better reading. not to clean his field. A Genizah .HON mx>?N Nim ny *V?N iqn Vins VPi liTnp ,n\y rnm ton >p.Na nivjiisn w fvsjoi ni:>v>yn nzs boii vny ^vrprt ,-ntw mx)pN Nin o>riy> iN nnN in* m If his field was full of coarse pieces10, there are two Mishnaiot; one said, it is permitted, one said, it is forbidden. (Mishnah 3:7) "He who clears his field from stones takes the upper ones and leaves those which touch the ground11;" that means it is permitted. (Mishnah 4:4) "Who is the one who thins out? He takes one or two;12" that means it is forbidden. 10 If he takes all the coarse pieces, 12 The Mishnah deals with a his field is weeded and cleaned. person pruning olive trees. One may 11 There is no limit on the number thin but one may not clean out. The of stones he may remove; even if his one who thins cuts one or two entire property is covered with stones branches; more is cleaning. This Mish- he may remove them. Since the nah stipulates that one may not clean Mishnah here does not indicate any his olive tree completely; by analogy limit on what one may take, there is no one may not clean out his field. limit. HALAKHAH1 427 ©an tin rpnn o>nyv) o>sy din njti rov^N /p "Win? ioN jvynya V3 VP1 i*vir) ty oji&p NID^ nil? t^D ON !7jjyt> ON .001*0 «IN >->ri ro^N .p omNi «]N .*r>n»3 N> in Nion "Tiv na>j?v >n-t on?)? ow? nth> i>n N3Ni n>> .-uon rp>i rp> NO-)? IO^N on on Is it the same on the intermediate days of a holiday? A Tanna was found who stated: "A person may collect wood, stones, and grasses on his own property, but only large pieces, in the way he may collect on somebody else's property both large and small pieces, in a Sabbatical year but not during he intermediate days of a holiday." Is it the same for stones13? It was found stated "including stones". "The heart knows whether it is straight or crooked.14" Rebbi Yosah in the name of Menahem: Rebbi Aqiba followed his own rule. He saw a person pruning his vineyard. He said to him, is that not forbidden? He said to him, I need it to make basket weave. The heart knows whether it is for basket weave or for crookedness. 13 Since stones were mentioned in 14 Tosephta 3:8. R. S. Lieberman the preceding baraita, the question notes that the saying, traced to R. seems to be out of place. One has to Aqiba in the next sentences, is an assume that the baraita before the untranslatable pun on Vp» (noun) editors of the Yerushalmi did not "basket weave" and Vpv (verb) "to mention stones. Tosephta 3:8 in all straighten what is curved". As a hint, sources has "olives" instead of "wood, both meanings are used in the stones, and grasses"; this must be an old translation, one here and one at the end corruption. of the paragraph. 428 SHEVI'IT CHAPTER FOUR iN rD»v»3y ,rpy>ay ^to5? Vl^f rn'y rov» (foi. 34d) onoiN >N®y n>2 .na»\My nfy .Ji>y>3y inpri iO mr>n>3y onpiN JVII .Ji>y>nya ¡vni*vs VN N!?yi nnioa onpiN n>ii .roivj? jvy>iy nvva p>DiN y>H onjpiN n.pinni ^ipo n\ ona^n «p^n -woiN rmn> >a-i .niion .ttri Mishnah 2: A field that had been cleared of thistles may be sown at the end of the Sabbatical year. [A field] improved or fertilized should not be sown at the end of the Sabbatical year. A field that was improved, the House of Shammai say one does not eat its produce in the Sabbatical year, but the House of Hillel say one does. The House of Shammai say one does not eat Sabbatical produce in reciprocity3, but the House of Hillel say in reciprocity and without reciprocity. Rebbi Jehudah says it the other way around; this is one of the leniencies of the House of Shammai and stringencies of the House of Hillel15. 15 This is the position of the wanted to forbid eating in reciprocity anonymous Tanna of Tosephta 3:10 but only a later Court really forbade it. who reports that Shammai himself V3311 .n^ip toyay? mPfct 1»£> ."id nsYipw ray :3 vx^jn (foi. 35a) oyn-^3 v??Tf m»N •pa .p nd"! ,o>>?y? >5y "ON vy-pn .nojiN niD>)QD tna .nwiN niD^an VN inri Halakhah 2: "A field that had been cleared of thistles", etc. There16 they say, when its thistles were removed, but the rabbis here say, when they were ploughed under17. What is improvement in the opinion of the rabbis here? Everybody ploughs once and he ploughs twice18. How can HALAKHAH 2 429 that be? Rebbi Yose ben Rebbi Abun said, there the government does not oppress, but here the government oppresses19. 16 In Babylonia, in the Persian ploughs five and he ploughs six", empire. meaning he ploughs narrower furrows 17 This implies that ploughing to turn the earth over more thoroughly. one's field in the Sabbatical year is 19 Start of an extensive description permitted, against all principles stated of the oppression by the Roman in Mishnaiot 1:1, 2:1.
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