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ב"ה

Rambam - 1 Chapter a Day

Matnot Aniyim - Chapter 4

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Matnot Aniyim - Chapter 4

1

What is meant by leket? Produce that fall from the sickle when one is reaping or falls from his hand when he gathers the stalks [of grain]1 and harvests. [The above applies] provided only one or two stalks fell. If, however, three fell at the same time, the three belong to the owner of the field.2 If grain fell from behind the sickle or behind one's hand,3 it is not leket even if only one stalk fell.

א

אֵיזֶהוּ לֶקֶט זֶה הַנּוֹפֵל מִתּוֹךְ הַמַּגָּל בִּשְׁעַת קְצִירָה אוֹ הַנּוֹפֵל מִתּוֹךְ יָדוֹ כְּשֶׁמְּקַבֵּץ הַשִּׁבֳּלִים וְיִקְצֹר. וְהוּא שֶׁיִּהְיֶה הַנּוֹפֵל שִׁבּלֶת אַחַת אוֹ שְׁתַּיִם. אֲבָל אִם נָפְלוּ שָׁלֹשׁ כְּאֶחָד הֲרֵי שְׁלָשְׁתָּן לְבַעַל הַשָּׂדֶה. וְהַנּוֹפֵל מֵאַחַר הַמַּגָּל אוֹ מֵאַחַר הַיָּד אֲפִלּוּ שִׁבּלֶת אַחַת אֵינָהּ לֶקֶט:

2

When he was harvesting by hand without a sickle, the stalks that fall from his hand are not leket.4 When, however, one pulls out crops that are usually pulled out by hand, those which fall from his hand are leket.5 If he was harvesting [with a sickle] or pulling out crops that are usually pulled out and after he harvested an armful [of produce] or after he pulled out a handful, [the produce] fell from his hand because he was struck by a thorn, [the produce] belongs to the owner.6

ב

הָיָה קוֹצֵר בַּיָּד בְּלֹא מַגָּל הַנּוֹפֵל מִתּוֹךְ יָדוֹ אֵינוֹ לֶקֶט. אֲבָל הַתּוֹלֵשׁ דְּבָרִים הַתּוֹלְשִׁים אוֹתָם הַנּוֹפֵל מִתַּחַת יָדוֹ לֶקֶט. הָיָה קוֹצֵר אוֹ תּוֹלֵשׁ דָּבָר שֶׁדַּרְכּוֹ לְהִתָּלֵשׁ וְאַחַר שֶׁקָּצַר מְלֹא זְרוֹעוֹ אוֹ תָּלַשׁ מְלֹא קֻמְצוֹ הִכָּהוּ קוֹץ וְנָפַל מִיָּדוֹ עַל הָאָרֶץ הֲרֵי זֶה שֶׁל בַּעַל הַבַּיִת:

3

[The following laws apply if a person] was harvesting and left a stalk of grain standing without harvesting it, although he harvested all the grain around it. If its tip could reach the standing grain at its side and it could be harvested with that grain, it belongs to the owner of the field.7 If not, it belongs to the poor.

ג

הָיָה קוֹצֵר וְנִשְׁאֲרָה שִׁבּלֶת אַחַת שֶׁלֹּא נִקְצְרָה וְנִקְצַר כָּל שֶׁסְּבִיבוֹתֶיהָ. אִם הָיָה רֹאשָׁהּ מַגִּיעַ לַקָּמָה שֶׁבְּצִדָּהּ וִיכוֹלָה לְהִקָּצֵר עִם הַקָּמָה הֲרֵי הִיא שֶׁל בַּעַל הַשָּׂדֶה וְאִם לָאו הֲרֵי הִיא שֶׁל עֲנִיִּים:

4

[The following laws apply if] there were two stalks next to each other, the inner stalk could be harvested with [the remainder of] the standing grain8 and the outer could be harvested together with the inner stalk, but not with the standing grain. The inner stalk is retrieved9 and it retrieves the outer stalk.10 For it is considered as falling from the sickle, even though it was not harvested yet.11

Stalks that are among the straw belong to the owner of the field.12

ד

הָיוּ שְׁתֵּי שִׁבּוֹלוֹת זוֹ בְּצַד זוֹ. הַפְּנִימִית יְכוֹלָה לְהִקָּצֵר עִם הַקָּמָה וְהַחִיצוֹנָה יְכוֹלָה לְהִקָּצֵר עִם הַפְּנִימִית וְאֵינָהּ יְכוֹלָה לְהִקָּצֵר עִם הַקָּמָה. הַפְּנִימִית נִצֶּלֶת וּמַצֶּלֶת אֶת הַחִיצוֹנָה שֶׁהֲרֵי הִיא כְּנוֹפֶלֶת מִתּוֹךְ הַמַּגָּל וְאַף עַל פִּי שֶׁעֲדַיִן לֹא נִקְצְרָה. וְהַשִּׁבֳּלִים שֶׁבְּקַשׁ הֲרֵי הֵן שֶׁל בַּעַל הַשָּׂדֶה:

5

[The following laws apply when] the wind scattered sheaves [of grain] and the harvest belonging to the owner becomes mixed with the leket. We estimate how much leket the field would produce and that amount is given to the poor. [A greater amount is not required]13 because this comes about due to forces beyond one's control. How much is this measure? Four kabbin for an area in which a kor of wheat would grow.14

ה

הָרוּחַ שֶׁפִּזְּרָה אֶת הָעֳמָרִים וְנִתְעָרֵב קָצִיר שֶׁל בַּעַל הַשָּׂדֶה עִם הַלֶּקֶט אוֹמְדִין אֶת הַשָּׂדֶה כַּמָּה לֶקֶט הִיא רְאוּיָה לַעֲשׂוֹת וְנוֹתֵן לָעֲנִיִּים מִפְּנֵי שֶׁזֶּה אֹנֶס. וְכַמָּה הוּא שִׁעוּר זֶה אַרְבָּעָה קַבִּין תְּבוּאָה לְכָל בֵּית כּוֹר:

6

What should the owner of a field do if leket fell to the ground, it was not collected by the poor and he made a grainheap of his harvest on this earth?15 He should move his grain pile to another place, [but] all the stalks that are touching the ground belong to the poor. [The rationale is that] we do not know which of them was leket and whenever there is a doubt concerning [whether produce] is from the presents for the poor, [it is given] to the poor.16 [This is implied by the term (Leviticus 23:22):] "Leave," i.e., leave from your produce for them.

ו

לֶקֶט שֶׁנָּפַל לָאָרֶץ וְלֹא לְקָטוּהוּ עֲנִיִּים וּבָא בַּעַל הַשָּׂדֶה וְהִגְדִּישׁ אֶת הַקָּצִיר שֶׁלּוֹ עַל הָאָרֶץ כֵּיצַד הוּא עוֹשֶׂה. מְפַנֶּה הַגָּדִישׁ שֶׁלּוֹ כֻּלּוֹ לְמָקוֹם אַחֵר וְכָל הַשִּׁבֳּלִים הַנּוֹגְעוֹת בָּאָרֶץ כֻּלָּן לָעֲנִיִּים. מִפְּנֵי שֶׁאֵין אָנוּ יוֹדְעִים אֵי זוֹ הִיא מֵהֶם שֶׁהָיְתָה לֶקֶט וּסְפֵק מַתְּנוֹת עֲנִיִּים לָעֲנִיִּים שֶׁנֶּאֱמַר (ויקרא כג כב) "תַּעֲזֹב" הַנַּח לִפְנֵיהֶם מִשֶּׁלְּךָ:

7

Why don't we make an estimation and give the poor [the amount that would be left as leket?17 Because [the owner] transgressed and made his grainheap on leket, he was penalized, even if he did so inadvertently. Even if the leket was barley and he made a grainheap of wheat upon it,18 even if he called for the poor [to collect the leket] and they did not come, and even if others made the grainheap without his knowledge, all of the produce touching the ground belongs to the poor.

ז

וְלָמָּה אֵין אוֹמְדִין אוֹתָהּ וְלִתֵּן לָעֲנִיִּים מַה שֶּׁרְאוּיָה לַעֲשׂוֹת לֶקֶט. מִפְּנֵי שֶׁעָבַר וְהִגְדִּישׁ עַל הַלֶּקֶט קְנָסוּהוּ. וַאֲפִלּוּ הָיָה שׁוֹגֵג וַאֲפִלּוּ הָיָה הַלֶּקֶט שְׂעוֹרִים וְהִגְדִּישׁ עָלָיו חִטִּין. וַאֲפִלּוּ קָרָא לָעֲנִיִּים וְלֹא בָּאוּ אֲפִלּוּ הִגְדִּישׁוּהוּ אֲחֵרִים שֶׁלֹּא מִדַּעְתּוֹ כָּל הַנּוֹגְעוֹת בָּאָרֶץ הֲרֵי הֵן לָעֲנִיִּים:

8

[The following laws apply when a person] must fertilize his field before the poor collect the leket in it. If his loss will be greater than the loss to the poor, he is permitted to fertilize it. If the loss to the poor will be greater than his loss, it is forbidden for him to fertilize. If he collects all the leket and places it on the fence until a poor person comes and collects it, that is an expression of the quality of piety.

ח

הַצָּרִיךְ לְרַבֵּץ אֶת שָׂדֵהוּ קֹדֶם שֶׁיִּלְקְטוּ הָעֲנִיִּים לֶקֶט שֶׁבָּהּ אִם הֶזֵּקוֹ מְרֻבֶּה עַל הֶפְסֵד הַלֶּקֶט מֻתָּר לְרַבֵּץ. וְאִם הֶפְסֵד הַלֶּקֶט מְרֻבֶּה עַל הֶפְסֵדוֹ אָסוּר לְרַבֵּץ. וְאִם קִבֵּץ אֶת כָּל הַלֶּקֶט וְהִנִּיחוֹ עַל הַגָּדֵר עַד שֶׁיָּבוֹא הֶעָנִי וְיִטְּלֶנּוּ הֲרֵי זֶה מִדַּת חֲסִידוּת:

9

When kernels of grain are found in ant holes, if the holes were located in the midst of the standing grain, [the kernels] belong to the owner of the field, for the poor people do not have a right to anything in the standing grain. If they were located in the place which was harvested,19 they belong to the poor, because perhaps they were taken from the leket. Even if the kernel [in the hole] is black,20 we do not say that it was from the previous year, because whenever there is a doubt concerning [whether produce] is leket,21 we consider it as leket.

ט

זְרָעִים הַנִּמְצָאִים בְּחוֹרֵי הַנְּמָלִים. אִם הָיוּ הַחוֹרִים בְּתוֹךְ הַקָּמָה הֲרֵי הוּא שֶׁל בַּעַל הַשָּׂדֶה. שֶׁאֵין לָעֲנִיִּים מַתָּנָה בְּתוֹךְ הַקָּמָה. וְאִם הָיוּ בְּמָקוֹם שֶׁנִּקְצַר הֲרֵי זֶה שֶׁל עֲנִיִּים שֶׁמָּא מִן הַלֶּקֶט גְּרָרוּהוּ. וְאַף עַל פִּי שֶׁנִּמְצָא שָׁחוֹר אֵין אוֹמְרִים הֲרֵי זֶה מִשָּׁנָה שֶׁעָבְרָה שֶׁסְּפֵק הַלֶּקֶט לֶקֶט:

10

When a stalk of leket becomes intermingled with the grain heap, the owner must separate two stalks. On the first, he says: "If this is leket, it belongs to the poor. If it is not leket, may the tithes for which I am obligated from this stalk22 be fixed on the other stalk."23 He then goes back and makes this same stipulation on the second stalk. He then gives one of the stalks to the poor and the other one will be [part of] the tithes.

י

שִׁבּלֶת שֶׁל לֶקֶט שֶׁנִּתְעָרְבָה בְּגָדִישׁ הֲרֵי זֶה מַפְרִישׁ שְׁתֵּי שִׁבּוֹלוֹת וְאוֹמֵר עַל אַחַת מֵהֶן אִם הַלֶּקֶט הִיא זוֹ הֲרֵי הִיא לָעֲנִיִּים וְאִם אֵינָהּ לֶקֶט הֲרֵי הַמַּעַשְׂרוֹת (שֶׁהִיא) שֶׁחַיֶּבֶת בָּהֶן שִׁבּלֶת זוֹ קְבוּעִים בְּשִׁבּלֶת שְׁנִיָּה. וְחוֹזֵר וּמַתְנֶה כֵּן עַל שִׁבּלֶת שְׁנִיָּה וְנוֹתֵן אַחַת מֵהֶן לֶעָנִי וְהָאַחֶרֶת תִּהְיֶה מַעֲשֵׂר:

11

A person should not hire a worker24 with the intent that his son collect the leket after him.25 Sharecroppers, tenant farmers, and a person who purchased standing grain from a colleague to harvest, by contrast, may have their sons collect after them.26 A worker may bring his wife and his children to collect leket after him.27 [This applies] even if he hired him with the intent that he receive half of the harvest, one third, or one fourth as his wage.28

יא

לֹא יִשְׂכֹּר אָדָם אֶת הַפּוֹעֵל עַל מְנָת שֶׁיְּלַקֵּט בְּנוֹ אַחֲרָיו. אֲבָל הָאֲרִיסִין וְהַחֲכִירִין וְהַמּוֹכֵר קָמָתוֹ לַחֲבֵרוֹ לִקְצֹר יְלַקֵּט בְּנוֹ אַחֲרָיו. וְיֵשׁ לַפּוֹעֵל לְהָבִיא אִשְׁתּוֹ וּבָנָיו לְלַקֵּט אַחֲרָיו. וַאֲפִלּוּ שְׂכָרוֹ לִטּל חֲצִי הַקָּצִיר אוֹ שָׁלִישׁוֹ אוֹ רְבִיעוֹ בִּשְׂכָרוֹ:

12

A person who does not allow the poor to collect the leket, allows one but does not allow another, or helps one of them, [giving him an advantage] over his colleagues is considered as stealing from the poor.29

יב

מִי שֶׁאֵינוֹ מַנִּיחַ אֶת הָעֲנִיִּים לְלַקֵּט אוֹ שֶׁהוּא מַנִּיחַ אֶחָד וּמוֹנֵעַ אֶחָד אוֹ שֶׁמְּסַיֵּעַ אֶת אֶחָד מֵהֶן עַל חֲבֵרוֹ הֲרֵי זֶה גּוֹזֵל אֶת הָעֲנִיִּים:

13

It is forbidden for a person to have a lion or the like rest in his field so that the poor will fear and flee.30 When there are those among the poor who are not entitled to collect leket,31 if the owner can rebuke them, he should. If not, he should allow them [to collect it as an expression of] the ways of peace.

יג

וְאָסוּר לְאָדָם לְהַרְבִּיץ אֲרִי וְכַיּוֹצֵא בּוֹ בְּתוֹךְ שָׂדֵהוּ כְּדֵי שֶׁיִּרְאוּ הָעֲנִיִּים וְיִבְרְחוּ. הָיוּ שָׁם עֲנִיִּים שֶׁאֵינָן רְאוּיִין לִטּל לֶקֶט אִם יָכוֹל בַּעַל הַבַּיִת לִמְחוֹת בְּיָדָן מְמַחֶה וְאִם לָאו מְנִיחָן מִפְּנֵי דַּרְכֵי שָׁלוֹם:

14

If a person [desires to] declare [produce falling] as leket ownerless,32 if the majority33 has already fallen, it is not ownerless. [The rationale is that] once the majority has left his hand, he no longer has authority over it.34

יד

הַמַּפְקִיר אֶת הַלֶּקֶט עִם נְפִילַת רֻבּוֹ אֵינוֹ הֶפְקֵר מֵאַחֵר שֶׁנָּשַׁר רֻבּוֹ אֵין לוֹ בּוֹ רְשׁוּת:

15

What is meant by peret?35 One grape or two grapes that separate from the cluster in the midst of the harvest. If three grapes fall at the same time, they are not peret.

טו

אֵי זֶהוּ פֶּרֶט זֶה גַּרְגֵּר אֶחָד אוֹ שְׁנֵי גַּרְגְּרִים הַנִּפְרָטִים מִן הָאֶשְׁכּוֹל בִּשְׁעַת הַבְּצִירָה. נָפְלוּ שְׁלֹשָׁה גַּרְגְּרִים בְּבַת אַחַת אֵינוֹ פֶּרֶט:

16

When a person was reaping [his grape harvest] and cut off a cluster, [that cluster] became entangled with its leaves and it fell to the ground and became divided into individual grapes, it is not peret. If, however, [the reaper] was harvesting and throwing the clusters to the earth, [more stringent rules apply]. Even if half the cluster is discovered [broken into individual grapes], it is peret. Similarly, [even] if an entire cluster was broken up into individual grapes, they are peret.36 When a person places a basket below the vine at the time he is harvesting,37 he is stealing from the poor.

טז

הָיָה בּוֹצֵר וְכָרַת אֶת הָאֶשְׁכּוֹל וְהֻסְבַּךְ בְּעָלָיו וְנָפַל לָאָרֶץ וְנִפְרַט אֵינוֹ פֶּרֶט. הָיָה בּוֹצֵר וּמַשְׁלִיךְ לָאָרֶץ כְּשֶׁמְּפַנֶּה הָאֶשְׁכּוֹלוֹת אֲפִלּוּ חֲצִי אֶשְׁכּוֹל הַנִּמְצָא שָׁם הֲרֵי הוּא פֶּרֶט (וְכֵן אֶשְׁכּוֹל שָׁלֵם שֶׁנִּפְרַט שָׁם הֲרֵי הוּא פֶּרֶט). וְהַמַּנִּיחַ אֶת הַכַּלְכָּלָה תַּחַת הַגֶּפֶן בְּשָׁעָה שֶׁהוּא בּוֹצֵר הֲרֵי זֶה גּוֹזֵל אֶת הָעֲנִיִּים:

17

What is an olelet?38 This is a small cluster which is not thick like ordinary clusters and does not have a kataf, nor are its grapes notfot39 one on top of the other, but rather scattered. If it has a kataf, but not a nataf or a nataf, but not a kataf, it belongs to the owner of the vineyard. If there is a doubt, it should be given to the poor.

יז

אֵי זוֹ הִיא עוֹלֶלֶת זֶה אֶשְׁכּוֹל הַקָּטָן שֶׁאֵינוֹ מְעֻבֶּה כְּאֶשְׁכּוֹל שֶׁאֵין לוֹ כָּתֵף. וְאֵין עֲנָבָיו נוֹטְפוֹת זוֹ עַל זוֹ אֶלָּא מְפֻזָּרוֹת. יֵשׁ לָהּ כָּתֵף וְאֵין לָהּ נֶטֶף אוֹ יֵשׁ לָהּ נֶטֶף וְאֵין לָהּ כָּתֵף הֲרֵי הִיא שֶׁל בַּעַל הַכֶּרֶם. וְאִם סָפֵק לָעֲנִיִּים:

18

What is kataf? Small clusters connected to the central stem40 [of the larger cluster], one on top of the other. [What is] nataf? Grapes connected to the center stem and hanging down. [The above applies] provided all of the individual grapes in the ollelot can touch the palm of his hand.41

Why is such [an underdeveloped cluster] called an ollel?42 Because it is comparable to a developed cluster in the same way an infant is comparable to an adult.

יח

אֵי זוֹ הִיא כָּתֵף פְּסִיגִין הַמְחֻבָּרוֹת בְּשִׁדְרָה זוֹ עַל גַּבֵּי זוֹ. נֶטֶף עֲנָבִים הַמְחֻבָּרוֹת בְּשִׁדְרָה וְיוֹרְדוֹת. וְהוּא שֶׁיִּהְיוּ כָּל הָעֲנָבִים שֶׁבָּעוֹלֵלוֹת נוֹגְעִין בְּפַס יָדוֹ. וְלָמָּה נִקְרָא שְׁמוֹ עוֹלָל מִפְּנֵי שֶׁהוּא לִשְׁאָר הָאֶשְׁכּוֹלוֹת כְּעוֹלָל לְאִישׁ:

19

The owner of the vineyard is not obligated to harvest the underdeveloped clusters and give them to the poor.43 Instead, [he should leave them for the poor] to harvest themselves. An individual grape is considered as an ollelet.

יט

וְאֵין בַּעַל הַבַּיִת חַיָּב לִבְצֹר הָעוֹלֵלוֹת וְלִתְּנָן לָעֲנִיִּים. אֶלָּא הֵן בּוֹצְרִין אוֹתָן לְעַצְמָן וְגַרְגֵּר יְחִידִי הֲרֵי הִיא עוֹלֶלֶת:

20

[The following laws apply when] there was a cluster on a branch of a vine and an underdeveloped cluster on an offshoot of the branch. If [the offshoot] can be harvested with the cluster, it belongs to the owner of the vineyard.44 If not, it belongs to the poor.

כ

זְמוֹרָה שֶׁהָיָה בָּהּ אֶשְׁכּוֹל וּבָאַרְכֻּבָּה שֶׁל זְמוֹרָה עוֹלֶלֶת אִם נִקְרְצָה עִם הָאֶשְׁכּוֹל הֲרֵי הִיא שֶׁל בַּעַל הַכֶּרֶם וְאִם לָאו הֲרֵי הִיא לָעֲנִיִּים:

21

When a vineyard is comprised entirely of underdeveloped clusters, it belongs to the poor. [This is derived from Leviticus 19:10:] "Do not collect underdeveloped clusters in your vineyard," i.e., even if it comprises the entire vineyard. [The laws of] peret and ollelot apply only in a vineyard.45

כא

כֶּרֶם שֶׁכֻּלּוֹ עוֹלֵלוֹת הֲרֵי הוּא לָעֲנִיִּים שֶׁנֶּאֱמַר (ויקרא יט י) "וְכַרְמְךָ לֹא תְעוֹלֵל" אֲפִלּוּ כֻּלּוֹ עוֹלֵלוֹת. וְאֵין הַפֶּרֶט וְהָעוֹלֵלוֹת נוֹהֲגִין אֶלָּא בְּכֶרֶם בִּלְבַד:

22

The poor do not have the right to take peret and ollelot until the owner of the vineyard begins harvesting his vineyard, as [Deuteronomy 24:21] states: "When you harvest your vineyard, do not collect underdeveloped clusters."46 How much must [the owner] harvest for [the poor] to receive this right? Three clusters that will produce a revi'it [of wine].

כב

אֵין הָעֲנִיִּים זוֹכִין לִקַּח פֶּרֶט וְעוֹלֵלוֹת עַד שֶׁיַּתְחִיל בַּעַל הַכֶּרֶם לִבְצֹר כַּרְמוֹ שֶׁנֶּאֱמַר (דברים כד כא) "וְכִי תִבְצֹר כַּרְמְךָ לֹא תְעוֹלֵל". וְכַמָּה יִבְצֹר וְיִהְיוּ זוֹכִין בָּהֶן שְׁלֹשָׁה אֶשְׁכּוֹלוֹת שֶׁהֵן עוֹשִׂין רְבִיעַ:

23

When a person consecrates his vineyard before he becomes aware of the underdeveloped clusters, the underdeveloped clusters do not belong to the poor.47 If he has become aware of the underdeveloped clusters, the underdeveloped clusters belong to the poor.48 They must pay a fee for their [increase in value] while they grew49 to the Temple treasury.50

כג

הַמַּקְדִּישׁ כַּרְמוֹ עַד שֶׁלֹּא נוֹדְעוּ הָעוֹלֵלוֹת אֵין הָעוֹלֵלוֹת לָעֲנִיִּים. וְאִם מִשֶּׁנּוֹדְעוּ הָעוֹלֵלוֹת הָעוֹלֵלוֹת לָעֲנִיִּים וְיִתְּנוּ שְׂכַר גִּדּוּלָם לַהֶקְדֵּשׁ:

24

When one prunes a vine after he became aware of ollelot, he may prune according to his ordinary pattern. Just as he cuts off [fully-formed] clusters, he cuts off underdeveloped clusters.51

כד

הַזּוֹמֵר אֶת הַגֶּפֶן אַחַר שֶׁנּוֹדְעוּ הָעוֹלֵלוֹת הֲרֵי זֶה זוֹמֵר כְּדַרְכּוֹ וּכְשֵׁם שֶׁכּוֹרֵת הָאֶשְׁכּוֹלוֹת כָּךְ כּוֹרֵת הָעוֹלֵלוֹת:

25

When a gentile sells his vineyard to a Jew to harvest, the Jew is obligated to leave the underdeveloped clusters.52 When a Jew and a gentile are partners in a vineyard, there is an obligation [to leave] ollelot in the portion belonging to the Jew. That belonging to the gentile is exempt.

כה

נָכְרִי שֶׁמָּכַר כַּרְמוֹ לְיִשְׂרָאֵל לִבְצֹר חַיָּב בְּעוֹלֵלוֹת. יִשְׂרָאֵל וְנָכְרִי שֶׁהָיוּ שֻׁתָּפִים בְּכֶרֶם חֶלְקוֹ שֶׁל יִשְׂרָאֵל חַיָּב וְשֶׁל נָכְרִי פָּטוּר:

26

When the tithes [of a vineyard] were given to a Levite while they were still tevel,53 and ollelot were found in them, he should give them to a poor person.54 If they can be harvested with the cluster, he may use them as terumat ma'aser55 for other crops.56

כו

בֶּן לֵוִי שֶׁנָּתְנוּ לוֹ מַעֲשֵׂר טֶבֶל וּמָצָא בּוֹ עוֹלֵלוֹת נוֹתְנָן לְעָנִי. וְאִם נִקְרֶצֶת עִם הָאֶשְׁכּוֹל יֵשׁ לוֹ לַעֲשׂוֹת תְּרוּמַת מַעֲשֵׂר עַל מָקוֹם אַחֵר:

27

[The following laws apply when a person] has five vines, harvests them, and [brings the grapes] into his home. If his intent is to eat them while they are grapes, he is not obligated [to leave] peret, shichichah,57 and [neta] revai'i,58 but is obligated [to leave] the ollelot [for the poor].59 If he reaped them to make wine, he is obligated in all of the above unless he left a portion [unharvested].60

כז

מִי שֶׁהָיוּ לוֹ חָמֵשׁ גְּפָנִים וּבְצָרָם לְתוֹךְ בֵּיתוֹ. אִם לֶאֱכל עֲנָבִים פָּטוּר מִן הַפֶּרֶט וּמִן הַשִּׁכְחָה וּמִן הָרְבָעִי וְחַיָּב בְּעוֹלֵלוֹת. וְאִם בְּצָרָן לַעֲשׂוֹת יַיִן חַיָּב בַּכּל אֶלָּא אִם כֵּן שִׁיֵּר מִקְצָתָן:

Test Yourself on This Chapter

Footnotes
1.

I.e., he was gathering several stalks of grain together in his hand in order to cut them with a sickle. In the process, some fell from his hand. In his Commentary to the Mishnah (Pe'ah 4:10), the Rambam summarizes the principle as follows: "[Crops] encompassed by the hand or by the sickle that fall are leket."

2.

For three is a significant quantity that the owner would not be willing to abandon willfully.

3.

I.e., that fell when he moved the sickle or his hand back.

4.

The Jerusalem Talmud (Pe'ah 4:5) derives this from exegesis of the phrase (Leviticus 23:22): "You shall not gather the gleanings of your harvest." "Your harvest" implies crops cut with a sickle.

5.

This does not contradict the concept stated in the previous note. Since this is the usual way these crops are harvested, the laws of leket apply when produce falls from one's hands.

6.

Since it did not fall from his hand as a by-product of the harvesting process.

7.

The Sifri derives this law from the exegesis of the phrase (Deuteronomy 24:19): "Do not return to take it." As long as the stalk of grain can be harvested together with the standing grain, one is not "going back" to harvest it. A question, however, arises: Why does the Rambam (and his source, Pe'ah 5:2) mention this law in the context of the laws of leket and not together with those governing shichichah (the subject of the verse cited)? This question is resolved in Halachah 4.

8.

And thus meets the criteria mentioned in the previous halachah.

9.

I.e., it is considered as the owner's.

10.

Since it can be harvested together with the inner stalk, it is governed by the laws that apply to it.

11.

This refers to the previous halachah and serves as an explanation why these stalks are considered as leket (Radbaz, Kessef Mishneh).

12.

Because, generally, the laws of leket do not apply to grain that was not harvested.

13.

As in the following halachot, where the owner is penalized for mixing his harvest with the leket.

14.

This area is 75000 sq. cubits. Shiurei Torah 3:31 states that according to the Rambam, a kav is equivalent to 1626 grams.

15.

Thus mixing his harvest with the leket.

16.

The Radbaz writes that, as stated in the following halachah, this measure is a penalty imposed upon the owner. Hence, even when there is no doubt involved, as exemplified there, we give the poor all the stalks that are touching the ground. Hence, the Rambam's words must be interpreted as meaning: Since we penalized the owner, the produce is taken from him in the case of a doubt.

17.

As in Halachah 5.

18.

And thus there is no doubt which is leket and which is ordinary produce.

19.

In his Commentary to the Mishnah (Pe'ah 4:11), the Rambam speaks of the grain "behind the reapers."

20.

And thus appears to have been there for a long time.

21.

For it is possible that the black kernel is from the present year, but from inferior grain.

22.

There is no obligation to separate tithes from leket. The stipulation is necessary because tithes must be separated while the produce is still in one's possession, before the stalk is given to the poor.

23.

We have translated the Rambam's words directly, although there is an obvious difficulty with them. If we say, as implied by his Commentary to the Mishnah (Pe'ah 5:2), that one of the stalks will be designated for the tithes, then since the identity of that stalk is not known and one of the stalks will be given to the poor, it is possible that the poor will be given the stalk that contains the tithes. Furthermore, leket cannot be used for tithes.

Therefore, the commentaries (Radbaz, Kessef Mishneh, et al) suggest that we are speaking about a third stalk which would also be used for the tithes of the entire field. The stipulations are made separately on the two stalks and then one is given to the poor and the other to the owner. And the third stalk is used for the tithes of the field.

24.

I.e., a poor man who is entitled to collect leket.

25.

I.e., this would be like a tip for the worker. In addition to his wages, he would receive the leket his son would collect. This is, however, considered as stealing from the poor, because the worker is likely to hire himself out for a lower wage in return for this consideration. As indicated by the continuation of the halachah, there is no difficulty with the worker's family collecting the leket. Since he - and/or they - are poor, they have that privilege. The difficulty is with stipulating it in his contract.

26.

Since they are not being paid a wage, but instead receive the produce and give a major share back to the owner, there is no difficulty in having the son collect the leket from the field, for they will not reduce their share for the license to have their son collect the leket. The other poor do not feel that the share-cropper is infringing upon their rights, because they expect that - were they to have the opportunity - their sons would be given the same privilege.

27.

As stated above, since the worker is poor, both his wife and his children are given this privilege.

28.

The Tzaphnat Paneach differentiates between this instance and that of the share-cropper mentioned in the previous clause, noting that here the worker's wife is mentioned and there she is not. He states that the wife of the sharecropper or the like is not entitled to collect the leket. Since he owns the produce, he is not entitled to collect a share. And since he is not entitled to collect a share, his wife may not do so either. His son may, however, because he is an independent person. The rationale is that the share-cropper is the owner of the harvest and he pays a share to the owner of the land. In this instance, by contrast, the harvest belongs to the owner and he pays a share to the worker. Hence, the worker is poor and his wife has the right to collect the leket.

29.

For unlike terumah and other agricultural obligations, the owner has no right to control who will be the recipient of leket.

30.

And thus abandon the leket.

31.

See Chapter 9, Halachah 13.

32.

I.e., instead of leaving it to be the property of the poor, he desires to declare it ownerless so that it can be acquired by the rich as well as the poor.

33.

I.e., once the majority has fallen, the status of the entire quantity is defined (Radbaz).

34.

But instead, it belongs to the poor (see Temurah 25a).

35.

Individual grapes that fall that must be left for the poor, as stated in Leviticus 19:10.

36.

This law follows the same logic which motivates Halachot 6-7 which states that an owner who makes a grainheap on the place where leket has fallen must give all the stalks touching the ground to the poor. In this instance as well, since his grapes become mixed with those which fell as peret, we penalize him preventing him from taking any of the individual grapes.

The Jerusalem Talmud (Pe'ah 6:4) mentions two opinions: one which states that this stringency applies only to half a cluster and one that it applies even to the entire cluster. The Rambam follows the latter view.

37.

So that all the individual grapes will fall into it.

38.

An underdeveloped grape cluster which should be left for the poor, as stated in Leviticus, loc. cit..

39.

These two Hebrew terms are defined in the following halachah.

40.

The Hebrew term used by the Rambam literally means "backbone."

41.

I.e., the small clusters are not large enough to prevent all the individual grapes from touching his palm.

The Ra'avad offers a different interpretation of this phrase which is taken from the Jerusalem Talmud (Pe'ah 7:4). The Radbaz and the Kessef Mishneh support the Rambam's interpretation.

42.

Which means "infant" in Hebrew.

43.

As stated above with regard to pe'ah (Chapter 2, Halachah 15). Here too, the command for the mitzvah uses the term "leave," implying that the mitzvah is not to give the underdeveloped clusters to the poor, but to allow them to collect them.

The Radbaz writes that if a vine is elevated to a high trestle and it would be dangerous for the poor to climb up and collect the underdeveloped clusters, the owner should harvest them for the poor. Note the parallel in Chapter 2, Halachah 16.

44.

Thus this ruling parallels the ruling in Chapter 4, Halachah 3, with regard to leket.

45.

I.e., and not to any other type of fruit.

46.

I.e., the obligation to observe these mitzvot begins "When you harvest..." and not before.

47.

Instead, they are included in his consecration.

48.

Once he becomes aware of the underdeveloped clusters, they become the property of the poor and the owner cannot consecrate them, because a person cannot consecrate property that does not belong to him (the Rambam's Commentary to the Mishnah, Pe'ah 7:8, based on the Jerusalem Talmud and Arachin 28a).

Tosafot Yom Tov asks: Since, as stated in the previous halachah, the poor are not entitled to the produce until the owner begins his harvest, seemingly, it remains the property of the owner and he has the right to consecrate it. He explains that although the poor do not have the right to collect it until the harvest begins, these clusters belong to them and not the owner and he does not have the right to consecrate them.

49.

I.e., for their increase in value from the time they were consecrated until they became ripe (ibid.).

50.

Because the grapes from the clusters belonging to the poor are deriving benefit from land and vine consecrated to the Temple treasury.

51.

I.e., just as he shows no concern for the clusters that will ultimately be his, he may ignore those that will ultimately belong to the poor. For until the harvest, there is no prohibition against cutting them off. See the Rambam's Commentary to the Mishnah, Pe'ah 7:5.

52.

For the obligation to leave ollelot takes effect only at the time of the harvest and the person performing the harvest is Jewish.

The Radbaz and the Kessef Mishneh note that the Rambam's source, the Tosefta (Pe'ah, the conclusion of ch. 3) also states the converse: that if a Jew sells his field to a gentile, the obligation to leave ollelot no longer applies and they question why the Rambam's omits this point.

53.

Produce from which terumah has not been separated.

54.

They belong to the poor and tithes need not be separated from them.

55.

The tenth which the Levites must separate from the tithes that they receive and give to the priests.

56.

I.e., as stated in Halachah 20, they are the Levite's private property and he can do with them as he sees fit. The Ra'avad objects to the Rambam's ruling, but the Radbaz and the Kessef Mishneh explain the Rambam's position.

57.

The Ra'avad adds that he is also not obligated to leave pe'ah. The Kessef Mishneh states that, as indicated by Chapter 2, Halachah 67, the Rambam would also accept this ruling.

58.

Neta Revai'i refers to the produce of the fourth year of a tree's growth which must be brought to Jerusalem and eaten in a state of ritual purity or exchanged for money that is brought to Jerusalem and used to purchase food that must be eaten in a state of ritual purity (see Hilchot Ma'aser Sheni, chs. 9-10).

The owner is not considered as having harvested the grapes, but rather as having picked them for immediate use, e.g., as a snack. Hence he is freed from these obligations. Rambam LeAm accepts this explanation with regard to peret and shichichah, but not neta revai'i. With regard to the first two, the obligations are dependent on harvesting and he is not considered to have harvested his grapes, but neta revai'i is not connected with harvesting, but rather is an obligation incumbent on the crops themselves.

59.

For the ollelot belong to the poor and are not dependent on whether one harvests the grapes to use as wine or as fruit.

60.

In which instance, he is not obligated for those he picked first, since he is not harvesting but taking the grapes for immediate use. The Ra'avad differs with this point and requires that the pe'ah for the entire crop be separated from the produce that remains and to leave peret and shichichah. The Radbaz and the Kessef Mishneh explain the Rambam's position.

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The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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