Matnot Aniyim - Chapter 1

Introduction to Hilchos Matnot Aniyim

They contain thirteen mitzvot: seven positive commandments and six negative commandments. They are:

1) To leave pe’ah;
2) Not to remove it completely;
3) To leave leket;
4) Not to gather the leket;
5) To leave the underdeveloped grape clusters in a vineyard;
6) Not to gather underdeveloped grape clusters;
7) To leave individual grapes that fall;
8) Not to collect individual grapes that fall;
9) To leave forgotten crops;
10) Not to return to collect the forgotten crops;
11) To set aside a tithe for the poor;
12) To give charity according to one’s capacity;
13) Not to restrain one’s heart [from giving] to the poor.

These mitzvot are explained in the ensuing chapters.

When a person harvests his field, he should not harvest the entire field. Instead, he should leave a small portion1 of the standing grain2 at the end of his field,3 as [Leviticus 23:22] states: "Do not completely remove [the grain in] the corners of your field when reaping."4 [This prohibition applies] to one who reaps5 and one who uproots.6 [The grain] left [standing] is referred to as pe'ah.

Just as one leaves [pe'ah] in his field, so too, [he must leave pe'ah] for trees. When he gathers his produce, he should leave some for the poor. If he transgressed and harvested the entire field or gathered all of the produce of the trees, he should take some of what was harvested or gathered and give it to the poor.7

Giving [this produce] fulfills a positive commandment,8 as it is stated [ibid.]: "Leave it for the poor and the stranger."9 Even if one ground the flour, kneaded it, and baked it into bread, he should give pe'ah from it for the poor.

If the entire harvest that was reaped10 was destroyed or consumed by fire before he gave pe'ah, he is liable for lashes.11 [The reason is that] he violated a negative commandment and he did not fulfill the positive commandment that could correct it.

Similarly, with regard to leket:12 When one harvests13 or binds sheaves, he should not gather the stalks that fall during the harvest. Instead, he should leave them for the poor, as it is stated [ibid.]: "You shall not gather the gleanings of your harvest."14 If he transgresses and gathers them - even if he ground them [into flour] and baked [them], he must give it to the poor, as it states [ibid.]: "Leave it for the poor and the stranger."15 If [this produce] is lost or consumed by fire after he gathered it, but before he gave it to the poor, he is liable for lashes.16

Similar [laws apply to] individual grapes that fall during the grape harvest and to underdeveloped grape clusters, as it is stated [ibid. 19:10]: "Do not harvest underdeveloped grape clusters from your vineyard,17 nor gather individual grapes that fall in your vineyard.18 Leave it for the poor and the stranger."19

Similarly, if a person is binding sheaves of wheat into bundles and forgets one bundle, he may not go back and take it,20 as [Deuteronomy 24:19] states: "If you forget a sheave in the field, do not return to take it."21 If he transgressed and gathered it - even if he ground it [into flour] and baked [it], he must give it to the poor, as it states [ibid.]: "They shall be for the stranger, the orphan, and the widow." This is a positive commandment.22

Thus you have learned that they all are prohibitions that can be corrected by positive commandments. If one [transgresses and] does not fulfill the positive commandment involved, he is worthy of lashes.

Just as [the prohibition against taking] forgotten produce (shichichah) applies with regard to sheaves, so too, it applies to standing grain.23 If one forgot standing grain and did not harvest it, it should be [given] to the poor. Just as [the prohibition against taking] forgotten produce applies with regard to grain and the like, so too, it applies to all [fruit-bearing] trees, as it is stated [ibid.:20]: "When you beat your olive tree,24 do not go back and take its glory." This law also applies to [produce from] other trees.

Thus it can be concluded that there are four types of presents given to the poor in a vineyard: individual grapes that fall, underdeveloped grape clusters, pe'ah, and forgotten produce. There are three presents from a grain crop: leket, forgotten produce, and pe'ah, and two from trees: forgotten produce and pe'ah.

The owners do not have the right to give these presents to the poor to the individual of their choice.25 Instead, the poor may come and take it against the owners' will.26 [These presents] are expropriated even from a poor Israelite.

Whenever the term "stranger" is used with regard to [these] presents to the poor, the intent is a convert to Judaism.27 [This is evident from the wording used by Deuteronomy 14:29] with regard to the tithe [given to the] poor:28 "And the Levite and the stranger will come." Just as the Levite is a member of the covenant, so too, the "stranger" is a member of the covenant. Nevertheless, we do not prevent gentiles from [taking] these presents. Instead, they [are allowed to] come together with the poor of Israel29 and take them as [an expression of the Torah's] ways of peace.

With regard to [these] presents for the poor, it is said: "Leave it for the poor and the stranger." [Implied is that the obligation exists only] when the poor demand them. If the poor cease seeking them and searching for them, the remainder is permitted for any person.30 For - in contrast to terumah - the physical substance [of the crops] does not become consecrated. Nor is he required to give their worth to [the poor], for it is not stated [that he should] give them to the poor, but that he should "leave it." He is not commanded to leave it for the beasts and the wild fowl, but for the poor, and there are no poor.

When is everyone allowed to collect the leket?31 When a second wave of gatherers gather after the first wave of gatherers and then depart.

When is everyone allowed to collect individual grapes that fall and underdeveloped grape clusters? When the poor walked through the vineyard and departed. What remains afterwards is permitted for every one.

When is everyone allowed to collect olives that were forgotten in Eretz Yisrael?32 If they were forgotten while on the tree, one is permitted to take them from Rosh Chodesh Kislev33 which is the time of the second rain34 in a late year.35 One is permitted, by contrast, [to take] masses of collected olives forgotten under a tree after the poor have ceased seeking them.

As long as a poor person has the right to take olives left on the earth under the trees, he may take them,36 although people at large have already been granted license [to take] the forgotten produce on the tree itself.37 As long as one has the right to take forgotten produce from the tree itself, he may do so, even though he does not have the right to take forgotten produce from under the tree.38

Presents to the poor from [the crops in] the field with which the poor are not concerned39 belong to the owner,40 even though the poor have not ceased searching for their presents.

According to Scriptural Law, all of these presents for the poor must be given only in Eretz Yisrael41 like terumah and the tithes, as [indicated by Leviticus 19:9]: "When you reap the harvest of your land" and [Deuteronomy 24:19]: "When you reap your harvest in your field." 42 It has already been explained in the Talmud that [the mitzvah of] pe'ah must be observed in the Diaspora according to Rabbinic decree. It appears to me43 that this law applies to all the remainder of these presents to the poor. All of their [obligations] must be observed in the Diaspora according to Rabbinic decree.44

What is the minimum obligation for pe'ah? According to Scriptural Law, there is no minimum measure. Even if one leaves only one grain stalk, he fulfills his obligation. According to Rabbinic law, however, one must leave one-sixtieth [of the crop], whether in Eretz Yisrael or in the Diaspora. And one should add to the measure of one-sixtieth based on the size of the field, the amount of poor people, and the blessing in his crop.

What is implied? When a field is very small and leaving one-sixtieth would not be of any advantage to the poor person,45 he should increase the measure. Similarly, if there are many poor people, he should increase [the measure]. And if he sowed only a small amount and reaped a lot, he has been granted blessing and he should increase according to the blessing. Whoever adds to the pe'ah will be given additional reward. There is no limit to this increase.46