Matnot Aniyim - Chapter 5

In none [of the following situations] is a [forgotten] sheaf [of grain] considered as shichichah. It was forgotten by workers and not forgotten by the owner of the field;1 it was forgotten by the owner of the field, but not the workers; or both these individuals forgot it, but there were others passing by2 who observed them at the time they forgot it. [To be shichichah] it must be forgotten by all people. Even a sheaf that was hidden away [purposely], if it is forgotten, it is shichichah.

When the owner of the field was in the city and he said: "I know that the workers forgot a sheaf in this-and-this place," [but afterwards, the owner]3 forgot it, it is shichichah. If he was in the field and made such statements, but then forgot [the sheaf], it is not shichichah. [The rationale is that,] in a field, [only a sheaf] that was forgotten at the outset4 is shichichah.5 In a city, by contrast, even if one remembered it and afterwards forgot it, it is shichichah, as [indicated by Deuteronomy 24:19]: "If you forget a sheaf in the field," [i.e., in the field,] but not in a city.6

If the poor stood in front of [the sheaf]7 or covered it with straw and he remembered the straw,8 or he took hold of it to bring it to the city, but left it in the field and forgot it, it is not shichichah.9 If, however, he moved it from place to place,10 even if he left it next to a gate,11 a grainheap, cattle, or utensils,12 and he forgot it, it is shichichah.

[The following rules apply if] he took a sheaf with the intent of bringing it to the city,13 put it down on another [sheaf], and then forgot both of them. If he remembered the top sheaf before he sees it, the bottom one is not shichichah.14 If not, the bottom one is shichichah.

If a person's sheaves flew into a field belonging to a colleague because of a strong wind and he forgot a sheaf there, it is not shichichah, for [Deuteronomy 24:19] states: "[If you reap] your harvest in your field."15 If, however, the wind scattered the sheaves within his own field and he forgot them, it is shichichah.

[The following rules apply when a person] takes the first, second, and third sheaves, but leaves the fourth. If there was a sixth sheaf, the fourth sheaf is not shichichah until he takes the fifth sheaf.16 If, however, there are only five sheaves, when he bends down to take the fifth sheaf,17 the fourth is shichichah.

When the sheaves in a field are mixed together,18 he forgot one of them, it is not shichichah19 unless he takes everything around it.

Although wild onions, garlic, onions, and the like are buried in the earth, the laws of shichichah apply to them.20 When a person harvests his field at night and forgets standing grain or he binds the grain into sheaves at night and forgets a sheaf and similarly, a blind man who forgets sheaves, the laws of shichichah apply.21 If, however, the blind person or the one harvesting at night only intended to take bulky [sheaves], the laws of shichichah do not apply.22

Whenever a person says: "I am harvesting the field on the condition that I may take what I forget," [his statement is of no consequence and] the laws of shichichah apply. [The rationale is that] whenever a person establishes a condition that contradicts the Torah, the condition is nullified.23

When grain was harvested before it fully matured with the intent that it be fed to animals, the laws of shichichah do not apply.24 Similarly, if a person [binds the grain into] small bundles [as] he harvests without binding them into sheaves or he uprooted garlic or onions and made them into small bundles to sell in the marketplace instead of binding them into larger sheaves to store in a storehouse, [the laws of shichichah do not apply].25

When a person began harvesting from the beginning of a row [of grain] and forgot grain both in front of him and behind him, [the grain] behind him is shichichah,26 [the grain] in front of him is not shichichah,27 as [implied by Deuteronomy, loc. cit.,]: "Do not go back to take it." [Grain is] not shichichah unless [the harvester] passes it and leaves it behind him. This is the general principle: Whenever the adjuration "Do not return" applies, [the laws of] shichichah apply. Whenever the adjuration "Do not return" does not apply, [the laws of] shichichah do not apply.

A - The point from the first reaper begins
B - The point from the second reaper begins
C - The forgotten sheaf

This diagram is adapted from a diagram drawn by the Rambam in his Commentary to the Mishnah (Pe'ah 6:3).

Similar [concepts apply with regard to] the rows of sheaves that were being moved to the threshing floor and two people began [collecting] them from the middle of the field and forgot a sheaf in the middle, between their backs, [the laws of] shichichah do not apply. [The rationale is that] it is in the midst of the row between the west and the east where they have not begun [collecting]. Its position indicates that it was not forgotten.

[The following rules apply when a person] harvests, binds [the grain] into sheaves, and then moves these sheaves - which are called omerim - from one place to another, and then from the second place to a third,32 and then from the third to the threshing floor. Should he forget a sheaf when he is moving it from one place to another, if he forgot it when he was moving to a place where work is completed,33 [the laws of] shichichah apply. Afterwards, when he moves it from the place where the work is completed to the threshing floor, [the laws of] shichichah do not apply. If he moved the sheaves to a place where work is not completed34 and forgot [them], [the laws of] shichichah do not apply. Afterwards, when he moves it from the place where the work is not completed to the threshing floor, [the laws of] shichichah do apply.35

What constitutes a place "where work is completed"? A place where one intends to collect all the sheaves and thresh them there or take them to the threshing floor. What constitutes a place "where work is not completed"? A place where sheaves are collected to bind them into larger sheaves to bring them to another place.

When two bundles [of grain]36 are separate from each other, [the laws of] shichichah apply.37 [If there are] three, [the laws of] shichichah do not apply.38 When two sheaves are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply.

When two mounds of olives or carobs are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply. When two bundles of flax39 are separate from each other, [the laws of] shichichah apply. [If there are] three, [the laws of] shichichah do not apply.

When there are two vines - or two of any other tree - are separate from each other, [the laws of] shichichah apply.40 [If there are] three, [the laws of] shichichah do not apply. [This is derived from Leviticus 19:10]41 "Leave them for the poor and the stranger." [Implied is that] even if there are two, one should be given to the poor and one to the stranger.

If all the sheaves contain a kab42 and one contains four kabbim, and it was forgotten, [the laws of] shichichah apply.43 If it contained more than four kabbim, [the laws of] shichichah do not apply.44 Similarly, if [the sheaves] all contain two kabbim and there is one which contains more than eight kabbim, [the laws of] shichichah do not apply.

[When one] forgets a sheaf that contains two se'ah45 [of grain, the laws of] shichichah do not apply, as [implied by Deuteronomy 24:19]: "When you forget a sheaf in the field," i.e., [a sheaf], but not a grainheap.46 [This applies] even if [one collects all the grain into] sheaves containing two se'ah.

When a person forgets two sheaves, [the laws of] shichichah apply even though together they contain two se'ah since each of them individually is less than two se'ah. It thus appears to me that [the laws of] shichichah apply even though together they contain more than two se'ah.

When there are more than two se'ah of standing grain [left unharvested], [the laws of] shichichah do not apply.47 If less than two se'ah [were left], we consider the thin stalks as if they were healthy and long and those with few kernels as if they were full. If, while such considerations were to be made, [the grain] would be sufficient to produce two se'ah48 and he forgot it, [the laws of] shichichah do not apply.

When a person forgets a se'ah of grain that has been cut down and a se'ah which has not been cut down, they are not combined49 and [the laws of] shichichah apply to each of them. Similarly, with regard to garlic, onions, and fruit from trees. If a person forgot a portion of them in [- or attached to -] the ground and a portion of them detached, they cannot be combined [to form a single quantity]. Instead, [even though] together there are two se'ah, [the laws of] shichichah apply to each of them.

When a person forgets a sheaf at the side of standing grain that was not forgotten, [the laws of] shichichah do not apply. [This is implied by Deuteronomy, loc. cit.]: "When you harvest... and you forget a sheaf...." [Implied is that when] a sheaf [is located] in an area that has been harvested, [the laws of] shichichah apply. When a sheaf [is located] in an area where there is standing grain, [the laws of] shichichah do not apply.50

Similarly, if he forgot standing grain that was located next to51 standing grain that was not forgotten, even one stem, it rescues the forgotten [grain] and [the owner] is permitted to come and take it. If, however, he forgot a sheaf or standing grain at the side of a sheaf that was not forgotten, even if the sheaf contains two se'ah,52 it does not rescue the forgotten grain and that grain belongs to the poor.

Standing grain belonging to a colleague does not rescue one's own sheaves, nor does standing barley rescue a sheaf of wheat. [Instead,] the standing grain must be of the same species as the sheaf.

When a person forgets a tree among others - even if it carries many se'ah of fruit53 - or if he forgot two trees, [the laws of] shichichah apply.54 [If he forgot] three, [the laws of] shichichah do not apply.

When does the above apply? With regard to a tree55 that is not well known and distinguished by its place, e.g., it was located at the side of the olive-press or an open portion [of a fence], by its yield, e.g., it produced many olives, or its name: e.g., the flowing olive56 among the olive trees, i.e., that it produces much oil, the outpouring olive, the shameful olive.57 If, however, it was distinguished in any of these three ways, [the laws of] shichichah do not apply. [This is derived from Deuteronomy, loc. cit.]: "And you shall forget a sheaf in the field." [Implied is that this command applies to] a sheaf that could be forgotten forever which you will not bring to mind unless you return and see it. It excludes this tree that you will remember afterwards even if you do not encounter it, because it is well known and distinguished.

If [a tree] is distinguished in the mind of [the owner], it is as if it is well known and distinguished.58 If an [olive tree] was located next to a palm tree, the palm causes it to be distinguished.59 If two trees are "flowing olives," each one causes the other to be distinguished. If, however, one's entire field consists of "flowing olives" and one forgets one or two trees, [the laws of] shichichah apply.60 When is [the concept that the laws of shichichah do not apply to a tree that is distinguished] relevant? When one has not begun harvesting this distinguished tree. If, however, one began harvesting it and then forgot a portion of it, [the laws of] shichichah apply,61 even though it is distinguished, provided less than two se'ah [of fruit] remain upon it. If, however, two se'ah [of fruit] remain upon it,62 [the laws of] shichichah do not apply63 unless he forgets the entire tree as we explained.64

When do the laws of shichichah apply with regard to [vines lifted on] a trellis? Whenever [the owner has passed the grapes] to the extent that he cannot extend his hand and take them.

[When do they apply] in a vineyard? When he passes the vine or the vines and forgets them.

[When do they apply] with regard to a vine draped over a high support or a palm tree? When he descends from it.67 And with regard to other trees? When he turns and walks away from it.

When does the above apply? When he did not begin [harvesting its fruit].68 If, however, he began harvesting its fruit and forgot it, [the laws of shichichah] do not apply until he harvests all [the fruit in] the surrounding area.

When a person declares his vineyard ownerless and gets up early in the morning acquires it for himself and harvests it, he is bound by [the laws of] peret, ollelot, shichichah, and peah, for this can rightfully be called "your field" and "your vineyard."69 It was his and now it is his. If, however, he acquired a field that had previously belonged to another person that was declared ownerless, he is exempt from all of these obligations. In all instances, he is exempt from [the obligation of] the tithes, as will be explained.70