Matnot Aniyim - Chapter 2

Any food that grows from the earth,1 is guarded,2 is harvested at the same time, and is placed in storage3 is required that pe'ah [be separated from it], as [Leviticus 19:9 / Leviticus 23:22] states: "When you reap the harvest of your land."4

Anything that resembles a crop that is harvested by having these five qualities requires that pe'ah be separated from it, e.g., grain, legumes, carobs, nuts, almonds, pomegranates, grapes, olives, dates - whether dried or fresh - and any similar produce.

By contrast, indigo, rubia, and the like are exempt, because they are not food.5 Similarly, truffles and mushrooms are exempt, because they do not grow from the earth, like other produce of the earth.6 Similarly, ownerless produce is exempt, for there is no one to watch it, for it is free for anyone to take. Similarly, figs are exempt, because they are not harvested at one time. Instead, on the tree, there are some that will become ripe on one day and others that will not become ripe until after several days. Similarly, vegetables are exempt, for they are not placed in storage. Garlic and onions require that pe'ah [be separated], for they are dried out and placed in storage. Similarly, seed onions that are placed in the earth to produce seed require that pe'ah [be given from them]. Similar laws apply in all analogous situations.

A portion of land of any size7 requires that pe'ah [be separated from its produce]. [This applies] even if it belongs to partners, for [the prooftext (ibid)] states "the harvest of your8 land," even if it belongs to many people.

When gentiles harvested a field for their own sake,9 thieves harvested it, ants destroyed its produce, or the wind or an animal crushed it, it is exempt from pe'ah. For the obligation of pe'ah lies on the standing grain.10

If he harvested half of it and thieves harvested the remaining half, it is exempt, for the obligation was incumbent on the half that was harvested by the thieves.11 If, however, thieves harvested half of it and [the owner] harvested the remaining half, he should leave pe'ah according to the measure of what he harvested.12

If he harvested half and sold the [remaining] half, the purchaser must leave pe'ah for the entire field.13 If he harvested half and consecrated half, the person who redeems [the half] from the Temple treasury must leave pe'ah for the entire [field].14 If he harvested half [the field] and consecrated [what he harvested], he should leave pe'ah for the entire field from the remainder [of the crop].15

[The following rules apply when a person] harvested [some of] the grapes in his vineyard to sell in the market place, but had the intent to leave the remainder for the vat to press [for wine].16 If he would harvest for the marketplace from either side [of the vineyard], he should give pe'ah for [the grapes] that he harvests for the vat according to the amount that remain.17 If he would harvest for the marketplace from only one side, he should leave the amount of pe'ah appropriate for the entire field from the amount remaining. [The rationale is that] since he harvested from only one side, he is not considered as harvesting haphazardly in which instance, he would be exempt [from leaving pe'ah].18

Similarly, when a person harvests ears of grain bit by bit and brings them home, he is exempt from leket, shichachah, and pe'ah, even if he harvested his entire field in this manner.

When a person harvests his entire field before it becomes completely ripe, before it reaches a third of its growth, he is exempt [from pe'ah].19 If it reached a third of its growth, he is obligated. Similarly, with regard to fruit from trees, if a third of their growth is completed, there is an obligation [to leave pe'ah].

When a person consecrates his field while his grain is standing and redeems it while it is [still] standing, there is an obligation [to leave pe'ah]20 from it.21 If the Temple treasurer harvested it and then he redeemed it, it is exempt, for at the time when the obligation for pe'ah became relevant, [the field] was consecrated and thus there was no obligation [to leave pe'ah] from it.

When a gentile reaps his field and then converts, he is exempt from pe'ah, leket, and shichachah.22 [This applies] even though [Scripture mentions the obligation of] shichachah only with regard to the time when sheaves [are transferred].23

One may not hire non-Jewish laborers to harvest, because they are not knowledgeable with regard to the laws of leket and pe'ah.24 If one hired them and they harvested the entire field, he is obligated [to leave] pe'ah.25

When a landowner harvested his entire field and did not leave pe'ah, he should give some of the stalks of grain as pe'ah to the poor.26 He does not have to tithe [the grain he leaves as pe'ah].27 Even if he gives the majority of the harvest as pe'ah, he is exempt from tithes.28

Similarly, if he threshed the grain, but did not winnow it, he should give them pe'ah, before he tithes. If, however, he threshed and winnowed the grain with a pitchfork and a shovel and completed the task, he should tithe29 and give [the poor] tithed produce equivalent to the appropriate measure of pe'ah for that field.30 Similar [concepts apply] with regard to trees.

Pe'ah should be left only at the edge of the field, so that the poor will know where to come to collect it,31 so it will be obvious to passersby and they will not suspect [that the owner did not leave pe'ah], and so that deceivers will not intend to harvest their entire field and [will excuse themselves by] telling the observers: "I left it in the beginning of the field." Also, [leaving it there will prevent him from] waiting until a time when no one is present and leaving it for a poor person with whom he is close.

If a person transgressed and left pe'ah in the beginning or the middle of his field, it is considered as pe'ah, but he must leave an appropriate measure of pe'ah for the portion of the field that remained after he separated the initial [pe'ah].32

When the owner of a field gave pe'ah to the poor33 and they told him: "Give us from the [other] side," and he gave them from the other side [as well], both of the gifts are considered as pe'ah. Similarly, if the owner of a field separated pe'ah and then said: "This is pe'ah and this also is" or "This is pe'ah and this,"34 they are both pe'ah.

It is forbidden for workers to harvest the entire field.35 Instead, they should leave the appropriate measure [of grain] for pe'ah at the end of the field. [Nevertheless,] the poor do not have a share in it until the owner willfully separates it. Therefore [although] a poor person sees pe'ah at the end of a field,36 he is forbidden to touch it lest it be considered as theft until he knows that it was left with the consent of the owner of the field.

Pe'ah from grain, legumes, and other similar species of crops that are harvested and similarly, pe'ah left in vineyards and orchards37 should be given while it is [growing] from the earth. The poor should grab it by hand; they should not cut it with sickles, nor uproot it with hatchets lest one person [accidentally] strike a colleague.

If the poor desired to divide it [equally] among themselves,38 they may. If, however, ninety-nine say that they desire to divide it and one says that each should grab what he can, we listen to the latter, for his statement is in accord with Torah law.39

Pe'ah from a grape vine [draped over a high wall] and from a date palm that the poor cannot reach to grab except at great danger40 the owner of the land should bring it down41 and divide it among them. If they all desire that it be left to be grabbed, that option is followed. If, however, ninety-nine say that they desire that it be left to be grabbed and one says that it should be divided, we listen to the latter, for his statement is in accord with Torah law.42 We obligate the owner to bring it down and divide it among them.

At three times during the day,43 pe'ah is divided among the poor or left for them to take: at daybreak, at noon, and at minchah.44 When a poor person does not come at these times, he is not allowed to take, so that there will be fixed times for the poor so that they will all gather together to take [pe'ah].

Why wasn't only one time a day established [for the poor to take]? Because there are poor nursing mothers that need to eat at the beginning of the day.45 And there are poor children who are not awake in the morning and will not reach the field until midday and there are elderly people who will not come until the late afternoon.46

When a poor person takes some of the pe'ah and throws it over the remainder, falls on it, or spreads his garment over it,47 we penalize him and make him relinquish it. Even what he took48 is removed from his possession and given to another poor person. [These laws] also apply with regard to leket and to a sheave that was forgotten.

[The following rules apply if a person] took pe'ah and said: "This is for the poor person, so-and-so." If the person who took possession of the pe'ah is also poor, [the acquisition is binding]. Since he has the right to acquire it himself, he may acquire it for the other person.49 If [the person who took possession] was rich, he does not acquire it for him.50 Instead, he should give it to the poor person he finds first.

When the owner of a field leaves pe'ah for the poor people standing before him and a poor person comes from behind him and takes it, that person acquires it. For a person does not acquire leket, shichachah, and pe'ah, or a sela51 that was lost52 until it reaches his possession.53