agricultural

One who dedicated standing grain [to the Temple] and then redeemed it while it was still standing grain, he is liable [to give the agricultural gifts to the poor]. [If he dedicated] sheaves and redeemed them while they were still sheaves, he is liable. [If he dedicated] standing grain and redeemed it [when it was already in] sheaves, he is exempt, since at the time when it became liable it was exempt.

One who sells, the seller is permitted [to take the agricultural gifts] and the purchaser is forbidden. One may not hire a worker on the condition that the son [of the worker] should gather the gleanings after him. One who does not allow the poor to gather, or one who allows one but not another, or one who helps one of them [to gather] behold he is a robber of the poor. Concerning him it is said: “Do not remove the landmark of those that come up (olim)” (Proverbs 22:28).

From when are all people permitted to take gleanings, [forgotten sheaves and peah]? After the old ones of the poor have gone. And in the case of peret and defective clusters? After the poor have gone into the vineyard and come back again. And in the case of the olive trees? After the descent of the second rainfall. Rabbi Judah said: But aren’t there those who do not harvest their olives until after the second rainfall?” Rather, once the poor man has gone out [to gather the agricultural gifts taken from olive trees] and cannot bring back with him [more than the value of] four issars.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

Rebbi Joḥanan said in the name of Rebbi Yannai: He who covers kilaim is whipped. Rebbi Joḥanan said to him: Is that not a Mishnah? “Kilaim in a vineyard.” How are kilaim possible by ploughing? It must be by covering! Rebbi Yannai praised him (Is. 46:6:) “Those who pour out gold from the wallet, etc.” (Prov. 3:21) “My son, they should not be removed from your eyes,” (Prov. 9:9) “give to the wise that he shall become wiser,” let the wise listen “that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that he who keeps [kilaim] transgresses a prohibition. Rebbi Aqiba said only that he transgresses, did he say to whip? Here we are dealing with whipping. Further, from what we have stated “Sabbatical year.” Can you say that the Sabbatical year follows Rebbi Aqiba? Explain the Sabbatical year following Rebbi Eleazar, as Rebbi Eleazar said, one whips because of ploughing in the Sabbatical. Rebbi Joḥanan said, one does not whip because of ploughing in the Sabbatical. What is the reason of Rebbi Eleazar? (Lev. 25:2) “The Land should keep a Sabbath for the Eternal,” a general statement. (Lev. 25:4) “Your field you should not sow, your vineyard you should not prune,” detail. Sowing and trimming were in the general statement, why were they detailed? To trap with them and to tell you that just as sowing and pruning are particular as agricultural work on the earth or on a tree, so everything that is agricultural work on the earth or on a tree [is forbidden]. How does Rebbi Joḥanan deal with this? They are two things and two things that are specified from a general notion divide. Does Rebbi Eleazar not hold that they divide? He holds that they do not divide but instruct. Does Rebbi Joḥanan not hold that they instruct? It is different here because the general statement is a positive commandment and the details are prohibitions; no positive commandment implies anything for a prohibition and no prohibition implies anything for a positive commandment.

MISHNAH: One dirties saplings, ties them, clips them, builds them shelter, and waters them until the New Year. Rebbi Eleazar ben Rebbi Ẓadoq says, one may water the leaves in the Sabbatical year but not the stem. One rubs unripe figs and pricks them until the New Year. One may not rub or prick unripe figs entering the Sabbatical year, or those of the Sabbatical year leaving it. Rebbi Jehudah says, at a place where people usually rub them, one may not rub them because that is agricultural work, but in a place where one does not usually rub, he may do so. Rebbi Simeon permits it for a tree since one may work a tree.

MISHNAH: When may one bring out manure to form dungheaps? From the moment the agricultural workers stop, the words of Rebbi Meïr. Rebbi Jehudah says, when the colocynth dried up. Rebbi Yose says, when it forms its fruit. How much manure may one use? Up to three dungheaps for a bet seah, each one containing ten boxes of a letekh each. One may add boxes but not dungheaps; Rebbi Simeon says, also dungheaps.

HALAKHAH: “When may one bring out,” etc. Is it permitted to assemble a dungheap at the door of one’s courtyard before the agricultural workers stop? Silanus asked Rebbi Ḥiyya bar Abba and he forbade it to him. Rebbi Ḥanina said, he permitted it, and they were gossipping about him that he was taking the tithe. He instructed himself to leave the Land, so that he could not take the tithe. Then should it be forbidden even after the agricultural workers did stop because of the bad impression, that they would not say, he brings it out to his irrigated field? The people of one’s town know whether he has an irrigated field or not. Rebbi Yose said, this means that they did not worry about a bad impression on passers-by.

HALAKHAH: “When may one bring out,” etc. Is it permitted to assemble a dungheap at the door of one’s courtyard before the agricultural workers stop? Silanus asked Rebbi Ḥiyya bar Abba and he forbade it to him. Rebbi Ḥanina said, he permitted it, and they were gossipping about him that he was taking the tithe. He instructed himself to leave the Land, so that he could not take the tithe. Then should it be forbidden even after the agricultural workers did stop because of the bad impression, that they would not say, he brings it out to his irrigated field? The people of one’s town know whether he has an irrigated field or not. Rebbi Yose said, this means that they did not worry about a bad impression on passers-by.

One may give two explanations: If he had little [manure] on his field, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be manure and it will turn out that he fertilizes that place. One may give another explanation: If he had little [manure] in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it will turn out that he fertilizes that place. Has it not been fertilized before the Sabbatical year? Rebbi Abba, Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamai: Because of the bad impression [it is forbidden] unless he transports ten boxes together. Do the rabbis not care for a bad impression? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap.

One may give two explanations: If he had little [manure] on his field, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be manure and it will turn out that he fertilizes that place. One may give another explanation: If he had little [manure] in his house before the Sabbatical year and he wants to transport it to his field during the Sabbatical, he may continuously add to it after the agricultural workers stopped; Rebbi Eleazar ben Azariah forbids it. What is the reason of Rebbi Eleazar ben Azariah? Maybe there will be no more manure and it will turn out that he fertilizes that place. Has it not been fertilized before the Sabbatical year? Rebbi Abba, Rebbi Jeremiah, Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamai: Because of the bad impression [it is forbidden] unless he transports ten boxes together. Do the rabbis not care for a bad impression? Rebbi Idi said his stick, his basket, and his shovel prove that he intends to make a dungheap.

Rebbi Ḥiyya bar Abba asked: Before the agricultural workers stopped, may one be permitted to take from the corral and put on his field in the way people treat dung?

Rebbi Jacob bar Abun in the name of Rebbi Simeon ben Laqish: This means that it is forbidden to collect pebbles from another person’s field, for if he weeds, he will put his grasses there. That is, in an agricultural area, but on mountains and rocks it is permitted and he will think of it a kindness.

Rebbi Abun asked: Before the agricultural workers stop, may one make heaps on his own property in the way of those who spread manure?

MISHNAH: If somebody thins out olive trees, the House of Shammai say he should cut them off, the House of Hillel say he may take out the roots, but they agree that one who levels may only cut off. What is thinning? One or two. Levelling are three adjacent to one another. When has this been said? On his own property. But from another’s property, even one who flattens may take out the roots. If somebody cuts down an olive tree, he should not cover [the stump] with dust but cover it with stones or straw. If somebody cuts down a sycamore trunk, he should not cover [the stump] with dust but cover it with stones or straw. One does not cut a virgin sycamore in the Sabbatical year because that is [agricultural] work. Rebbi Jehudah says, in a normal way it is forbidden but he [may] cut higher than ten hand-breadths or cut it down level with the ground.

“ One does not start a fire in reed thickets because that is [agricultural] work. Rabban Simeon ben Gamliel permits it. Similarly, Rabban Simeon ben Gamliel said, one may plant a useless tree in the Sabbatical year. One teaches a cow to plough only in dunes; Rabban Simeon ben Gamliel says, it is permitted also in somebody else’s field on condition that one not make parallel furrows.”

One does not graft date palms because that is [agricultural] work. That you should not say because it could bear it is permitted; therefore it is necessary to say that it is forbidden.

: Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel. Can we come to state that Rebbi Yose the Galilean follows the House of Shammai, Rebbi Aqiba follows the House of Hillel? But Rebbi Yose the Galilean worries about agricultural work.

HALAKHAH: “A comprehensive principle they said about the Sabbath,” etc. What means “comprehensive”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than the principle of the Sabbatical year, since the Sabbath falls on everything but the Sabbatical year falls on agricultural work in the Land only. There we have stated: “A comprehensive principle they said about the Sabbatical year.” What means “a comprehensive principle”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than tithes, for the Sabbatical year falls on human food and animal feed but tithes apply to human food only. Bar Qappara stated: a comprehensive principle they said about tithes. What means “a comprehensive principle”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than peah. for tithes apply both to food that is stored and to food which is not stored, but peah applies only to food used as stored staple. Some want to say, what means “comprehensive”? From here that there are derivatives.

Rebbi Hoshaia stated: Doors which open on the public road, if they are open their place becomes public domain, if they are locked their place becomes private domain. Alleys that open on the sea are like alleys open to an agricultural area. The street of Rebbi Ḥanin does not need a door frame since it descends ten hand-breadths within three [cubits]. They made an arrangement to allow the lower-lying houses.

Does it need a partition? Rebbi Abba said, it needs a partition. Rebbi Yose said, it does not need a partition. The colleagues said before Rebbi Yose, does Rebbi Abba not say it correctly? As we have stated, “Rebbi Jehudah says, a partition should not be more than the wall between them.” He said to them, there, where there is a roof, it does not need a partition. But here, where there is no roof, it needs a partition, as Rav Jehudah said, if it is open to an agricultural area, but if it is open to the public domain it is forbidden if there are no partitions, but if there is a partition it is permitted.

Where do they disagree? If he robbed it smoothed. But if he robbed it and smoothed it, he owes him money. If he robbed a lulav from one, a myrtle branch from another, and a willow branch from a third and tied them together? Let us hear from the following: A robbed sukkah, there are Tannaim who stated, it is qualified; there are Tannaim who stated, it is disqualified. Rebbi Simon in the name of Rebbi Joshua ben Levi: He who said, it is qualified, if he robbed the real estate. He who said, it is disqualified, if he robbed the agricultural waste. It is impossible that he not tie them together. If he places it from the top. The rabbis of Caesarea in the name of Rebbi Joḥanan: In every case it is disqualified. What is the robbed one which is disqualified? Any time a person enters another’s sukkah without his knowledge. As the following. Gamliel the twin made himself a sukkah on the market. Rebbi Simeon ben Laqish passed by and told him, who gave you permission?

Samuel stated: Why do they precede to the market day? So they may provide [water and] food to their brothers in the fortified places. Rebbi Philippos ben Protos said before Rebbi Jonah: Could this mean that it is forbidden for {agricultural} work? He said to him, if from this you can conclude nothing. Are there not the intermediate days of holidays which are forbidden for {agricultural} work but they provide food to their brothers in the fortified places. You only have this from Rebbi, for Rebbi acted demonstratively on two days in the year. He took a bath on the Seventeenth of Tammuz and planted saplings on Purim.

Samuel stated: Why do they precede to the market day? So they may provide [water and] food to their brothers in the fortified places. Rebbi Philippos ben Protos said before Rebbi Jonah: Could this mean that it is forbidden for {agricultural} work? He said to him, if from this you can conclude nothing. Are there not the intermediate days of holidays which are forbidden for {agricultural} work but they provide food to their brothers in the fortified places. You only have this from Rebbi, for Rebbi acted demonstratively on two days in the year. He took a bath on the Seventeenth of Tammuz and planted saplings on Purim.

If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not work anything. Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the looks of his face change, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here [you have] what you robbed, and you wronged, and put into me. Rebbi Ḥaggai in the name of Rebbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidays. At that moment, but his body will hurt him and his soul mourn for him. His sharecroppers, and his tenants, and his contractors do work; his agricultural workers, and his mariners, and his camel drivers do not work. Rebbi Joshua ben Levi said, if he had a cow associated in town, she works. Rebbi Yose said to him, this you are saying about one under contract; therefore not to start.

Rebbi Jehudah says, the sojourner on a Sabbath is like a Jew on a holiday. Just as a Jew bakes and cooks but is forbidden to work, so is the sojourner on the Sabbath. Rebbi Yose says, the sojourner on a Sabbath is like a Jew on the intermediate days of a holiday. Just as a Jew on the intermediate days of a holiday collects from the field but is forbidden agricultural work, so is the sojourner on the Sabbath. Rebbi Simeon says, the sojourner on a Sabbath is like a Jew on the remaining days of the year. Just as a Jew on the remaining days of the year ploughs, sows, and harvests, so does the sojourner on the Sabbath. Rav Ada, Rav Hamnuna, Rav Ada bar Aḥawa in the name of Rav: Practice follows Rebbi Simeon.

MISHNAH: When the Elders of Jerusalem had completed their work and left, the Elders of that town bring “a cattle calf, one which never had been used for work, which never had drawn under a yoke.” Bodily defects do not disqualify it. One brings it down to an etan valley; the meaning of etan is “hard”. Even if it is not hard it is qualified. One breaks its neck with a stiletto from behind. Its place is forbidden to be used for sowing or agricultural works; it may be used to card flax or to hew stones.

“And one announces mornings and evenings,” at the time when [agricultural] workers go out or come back, and he mentions the field and its description. Rebbi Yose said, if they do not get their estimated price, they can conclude the sale. Is that the Mishnah, “if the judges estimated one sixth too little or too much, their sale is invalid”? Becausethey sold too low or too high, but if they found their estimate they close the deal. Rebbi Ḥananiah said before Rebbi Mana: What can you say, we deal with the case that they did not announce in public! From what is said afterwards: “Except if they offered public tender.” What is public tender? Rebbi Jehudah bar Pazi said, announcement.

MISHNAH: Similarly for a vegetable garden; a place which customarily is fenced in, he must fence in. But in an agricultural area, a place which customarily is not fenced in, one does not obligate him. But if he wishes, he builds inside his land and makes a façade to the outside; therefore if the wall collapses both land and stones are his. But if they did it with mutual agreement they build the wall in the middle and make façades on both sides; therefore if the wall collapses both land and stones belong to both of them.

HALAKHAH: “Similarly for a vegetable garden,” etc. It was stated: For a vegetable garden, whether it be a place where it is customary to build a fence, or a place where it is not customary to build a fence, one forces. But in an agricultural area, at a place where it is customary to build a fence one forces; where it is not customary to build a fence one does not force.

HALAKHAH: “If somebody says to another: I am selling you a bet kor of dust,” etc. Rebbi Yasa said in the name of Rebbi Joḥanan: Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it is in the middle, it is measured, at the side it is not measured. What is a side and what is in the middle? In the House of Rebbi Yannai they said, any place surrounded by a ploughed area is in the middle; any place not surrounded by a ploughed area is to the side. Rebbi Yose came in the name of Rebbi Joḥanan: If it was a majority on one side, but if you spread it, it becomes a smaller part, and it is measured with it. How wide? Rebbi Ḥaggai said, up to four cubits. Rebbi Yose ben Rebbi Abun said, up to ten handbreadths. If there was a depression ten handbreadths deep but less than four wide, what is the rule? Let us hear from the following, what Rebbi Yasa said in the name of Rebbi Joḥanan: “Only if it is the smaller part of his field and enclosed in it. And a rock with a total surface area of a bet rova‘ is not measured with it. If it was split, it is measured with it.” This means that if the greater part of it was on one side, but if you spread it, it becomes the smaller part and is not measured with it. If there was a long depression which added up to a bet rova‘? Rebbi Ḥiyya bar Abba asked: If it was shaped like sticks, is it measured with it or not? Rebbi Yudan bar Ismael asked: If it was like marble plates, is it measured with it or not? Rebbi Isaac bar Tebelai asked: If it was formed like chairs, does he measure from the place of its wall or does he measure from its declivity? Rav Huna in the name of Rav, [Rebbi] Ḥiyya in the name of Rebbi Joḥanan: Only if the total agricultural area was four bet kor.

A person sent to his preliminarily wedded wife 24 gourds filled with various kinds of agricultural produce between Passover and Pentecost. It was only a problem for the rabbis: from where did he bring flax and olive seeds?

Rebbi Joḥanan said: Somebody became possibly impure in an agricultural area whether in summer or in winter; this refersn to the dispute between Rebbi Meїr and the Sages. If he comes to ask in summer, one answers him according to the rules of summer; in the winter, one answers him according to the rules of winter. Rebbi Joḥanan said, only days close to the rainy season.