'ran pis πιγβπ n?3n ^Pl?1» .yp->p!? "φη>?:ι nwan χ rov» (foi. i8a) >5?>>ng ψ. inw ιίνρψ >3-1 pftttpi tnio 1 .riD^n? ΊΟΚΨ vvoiw ΓΚ?> m ? -»BIN inisi p>nl? inpiN o>oj( nyyjJT) ρ ·?0> "»oiN inis") wpw ηνψτη οψψτι ib>3N ρ bp^i "ΊζίΝψ wpw Mishnah 1: Peah is given connected to the ground1. From a climbing vine2 and a date palm, the owner brings it down and divides it up among the poor. Rebbi Simeon says, also for smooth3 nut trees. Even if 99 poor people say to distribute and one says to grab4, one listens to him whose request is in keeping with practice. But for a climbing vine and a date palm it is not so; even if 99 say to grab and one says to distribute, one listens to him whose request is in keeping with practice. 1 Unharvested. "distributed". The majority seems to 2 Climbing on a high pole or tree follow the reading "smooth", which so that the grapes cannot be reached according to Tiferet Israel means trees from the ground. without branches to hold on to, which 3 This is the reading of the cannot safely be harvested without a Leyden manuscript and the Yerushalmi ladder. print. Some Mishnah manuscripts have 4 Harvest from standing crop. , meaning the same, and some 'grtn HALAKHAH 1 159 Vj2")i?> "φη»? njip? 77^ πν? n!??jp h^ μ nairi ήο^ηψ invp n© ->>^57 -ytyö im1??) n>>73 13 "pOßri iJj^JT) ^t? Halakhah 1: (Lev. 23:22) "Do not finish off the corner of your field during your harvest." This shows that peak is given standing on the ground. One might think this also includes climbing vine and date palms, but the verse says "harvest." Harvest is special in that a small person can do it as well as a tall person; this excludes climbing vine and date palm where a small person cannot do it as well as a tall person5. S This tannai'tic statement is not found in any of the parallel collections. •vpy? inbn nwi^ ιο>ί?> nan aniiri »qn yio ni>ypw? 'V?? Jpn JVIO n© .oriiN -ιοί!? Tin>ri ρ ^711 n>>7? .nmppa onpjp >iif Γ1370 ,oy>o iwi^n η^ηψ ">ηκ .Vw πι* N>5»in>i Y?N tin ira*i> .Γ03Ρ ty Jit* W Ν^ΊΟί ty i^N Some6 want to understand it from the verse (Lev. 19:10, 23:22) "abandon7," put before them grain in its straw, fenugreek in bundles, dates in brooms8. I might think that this also includes climbing vine and date palms, but the verse says "them9." What argument do you have to include these and to exclude those? After the verse included, it excluded. I include those that are not dangerous and exclude those that are dangerous10. 6 Sifra Qedosim 2(5-7). Lev. 23:22: "When you are harvesting 7 Lev. 19:10: "Do not glean in your the harvest of your land, do not finish vineyard, neither collect single berries, off the corner of your field during abandon them for the poor and the your harvest, neither collect the stranger; I am the Eternal, your God." gleanings of your harvest, abandon m. PEAH CHAPTER FOUR them for the poor and the stranger; I described by the term "harvest". am the Eternal, your God." The 10 "Connected" here means "still implication is that peah has to be given hanging on the tree." Then the before any further processing. plucking cannot be described as 8 Dates grow in bunches that sit "harvest". Since this derivation by on the trunk; if the bunch is cut at the inclusion and exclusion follows the trunk and the dates are taken, the method of R. Ismael, the preceding remainder may be used as a broom. paragraph must represent the opinion 9 Only those items that are of R. Aqiba. ioip ->}in)? "V9V3 nwa οψ ιοϊρ νίπ -φηρ -io>ji pN γπ o»?i> tyn ηκ^ίη DN>3 oy ίοίρ ->>?>ri ρκ ,γρν'? ΠΝ>3 oy Οψ hOip Ί)5>ΓΙ l^flNl .J1>30 ^ö 71Ν$1η 1\?©!ρ Tttpp DW ΙΟίρ -»©>*! >330 nN^in κητιψ Ji>3n bys mnon nw? Is it not connected11? He calls it by the name peah when it is on the tree12. If you say not from standing produce, he calls it by the name peah when it is taken down. If you say he calls it by the name peah when it is on the tree, the removal is charged to the poor. If you say he calls it by the name peah when it is taken down, the removal is the obligation of the owner. But even if you say that he calls it by the name peah when it is on the tree, they13 charge the owner with taking it down because of the danger. 11 The fruits still are connected to peah himself. The answer is that there the tree. This paragraph discusses is no exception; it may well be that the whether climbing vines and dates are name peah has to be given when the an exception to the rule that peah has fruits are still hanging on the tree, but to be given for the standing crop, or this does not change the fact that the whether it is only a technicality owner must pay for taking them down. requiring the owner to harvest the 12 Since produce is not exempt HALAKHAH 1 IM from tithes and may not be taken by name "peah". the poor until the farmer has 13 The religious authorities of designated it as such, giving it the earlier times. -pyj? «ryj tfi -ρ>φ >3*1 jiiitpNjrb? -PN*? »a-» Όψ2 nn -ΡΝΟ >?-> t&y vxpr Nipy-ty 19 ι1ν>ρψ >·η οψ} n>?}n ^n") τι>>7η njDp γπ njpN η?ν?η ηψρη? ο>ηκ ηφηη νΐ)3ψ It was stated in the name of Rebbi Me'ir14: All trees are dangerous. Does Rebbi Meür not infer from "harvest" while the rabbis likewise infer from "harvest15?" Everybody infers from "harvest", except that Rebbi Mei'r says that all trees are dangerous and the rabbis say only the climbing vine and the date palm are dangerous. Rebbi Hananiah in the name of Rebbi Simeon ben Laqish: It has happened that five brothers died climbing five smooth nut trees16. 14 Reading of the Rome and Cirillo 15 The inference drawn in the first manuscripts. The Venice print has paragraph of this Halakhah from Lev. "Rebbi Immi"; that reading is 23:22. impossible since Rebbi Immi was an 16 Accordingly, practice must Amora, not a Tanna, and the statement follow Rebbi Mei'r and Rebbi Simeon is a tannai'tic one. The further against the Mishnah. However, discussion is in the name of R. Mei'r Maimonides follows the Mishnah both even in the Venice text. in his commentary and in his Code. 77ί{> lias ιΌ i^v '?ϊί TINS v^y ioip TIN»3 οψ inj? tO .q-i^pa 162 PEAH CHAPTER FOUR If the owner called it peah11 and nevertheless finished harvesting the entire field, I read for him: "Do not finish off the corner of your field during your harvest.18" If he did not call it peah and finished harvesting the entire field, I read for him: "Do not finish off the corner of your field during your harvest." 17 The last part of the grain on his stranger." Even though he has field; this makes it legally the property transgressed the first part of the of the poor. Then he proceeded to cut injunction, he still is obligated for the it. second part, viz., to leave the cut peah 18 Again, the entire verse is to be to the poor by abandoning it on the understood, including the second part: field. "Leave it for the poor and the S? "pvpw ν* Ρ If they agreed among themselves20, even so one does not listen to him. 19 Reading of R. Simson of Sens that if all of them agree the agreement and R. Solomon Cirillo. The Venice is valid. The Halakha notes that one print has "Jinn", which is certainly does not listen to him, i. e., if the incorrect. farmer is part of the agreement (and 20 The poor demanding that either presumably its originator, but in any the farmer should divide the produce case a person of overriding influence instead of them harvesting it, or over the poor) then the agreement is declaring that they want to climb the void. [This is the explanation of R. tree when he would be obligated to get Simson of Sens. It seems that the peah and give it to them. Since the Maimonides reads ftV |'»aiw l-rj'a unn Mishnah says that if 99 want to differ or a similar text, since in his Code from the rule and one wants to comply (Mattenot Ani'im 2:16,17) he repeats with it (even if he acts out of twice that agreements among the poor selfishness because he would be able to about the manner of distribution are grab more than the others), it follows valid.] HALAKHAH 2 163 twiny; >1"? ι>>ψ>") invito ρί?η> n??o i>V3 1? ^'ÖN nwa rn^n -»BN JW ΊΓΠψ nis rT?>3 >v? niotois :ρ>ψ?·| invito VT>? ρ>ηρ n>3n The owner has to distribute by hand to avoid that he would see a poor person of his acquaintance and throw it before him21.