berries

Yet gleaning grapes shall be left in it, as the shaking of an olive tree, two or three berries in the top of the uppermost bough, four or five in the outmost fruitful branches thereof, saith the LORD God of Israel.

Can the fig tree, my brethren, bear olive berries? either a vine, figs? so can no fountain both yield salt water and fresh.

THAT THE BISHOP OUGHT TO EXAMINE AND TRY EVERY MATTER IN RIGHTEOUSNESS AND UPRIGHTNESS, Be ye then pure as the first fathers, good and wise and prudent; and put away from you (every) evil habit and wicked custom. Choose rather for yourselves the way of life. The bishop ought to walk in this way, and do as it befitteth, and turn aside from evildoing, and do good works, and heal the sick who desire to repent, and cast forth such as refuse to turn. For there are many who seek pretexts, and lay snares and accusations through envy, as did the two elders against Susanna in Babylon, and as did the Egyptian woman against Joseph. But do not thou, O man of God, as these do; but be good and merciful, and receive them that repent. And favour not the sinner, neither slay the just. But whoso receiveth. not the repentant, and bringeth not the sinner back is the father of anger, and in him is no peace. For in the place where anger is, there the Lord dwelleth not; but anger is the friend of Satan, who goeth to and fro amongst false brethren—and in him is no peace—and causeth trouble in the Church. Understand, then, and follow not the way of fools who rejoice in evil, neither hearken to their voice, but beware of them, for there is no fear of God before their eyes, but rather revenge and envy. For evil men accuse the good who are without sin, and raise against them an evil report, and bring them down into great trouble and affliction. ii., 38.) But thou, O bishop, understand, and examine those who come unto thee to tell their cause, and judge between them with wisdom, discerning how and what the matter is. And if a man be found to have transgressed, admonish him thyself alone, as the Lord hath commanded; take him with thee alone, and speak unto him, that he may turn to repentance. And if he reject thee, take with thee one or two, and tell him of his sloth and folly, and teach him in meekness and wisdom; and it (that is, wisdom) dwelleth in the heart of the good, and resteth in the mind of teachers. And if he hearken to the word of you three, he hath saved his soul and gained himself; but if he refuse to hearken, tell it unto the Church, and if he refuse (to hear) the Church, he shall be unto thee as a heathen and a publican. Receive him not, and permit him not to enter the Church, nor reckon him with the Christians.” But those that repent of their sins, and turn to our Lord Jesus Christ, the Son of God—let us receive their repentance. [ii., 39.) Behold I, Matthew, one of the twelve, declare unto you the teaching of this new Didascalia, though before I was a publican. And when I repented and believed in the right faith, became an apostle and a preacher of the holy gospel, for by faith a man is saved. And in like manner Zacchaeus also, though before he was a publican, (yet) when he turned and repented and prayed to the Lord, He received his repentance and despised him not. And behold as those soldiers and publicans, who entered into the Church heard the word of repentance from John the Baptist, and that which he said after (their) baptism “Do nothing beyond that which is commanded unto you”; (so) lay not ye burdens on the Gentiles who turn unto God, lest they rebel against the faith. And thus we give commandment: Those that turn ye shall bring into the Church, that they may hear the word of the Scriptures, and bring forth fruits meet for repentance, lest they perish. But do not ye stand together with them in prayer, but let them be put forth after the reading of the Scriptures of the Law and the prophets and the Gospel. Then they shall be ready at all times to serve in the Church, that others, when they see, may fear and be admonished, and learn true godliness, i., 40.] O bishop, help the sinners, and strengthen them by the word of the Lord, and despise them not, and refuse not to eat with them. For our Lord refused not to eat” with publicans and sinners and when the Pharisees said unto His disciples, Wherefore eateth your master with sinners and publicans he answered and said unto them, The sick have need of the physician, and not the whole. I have not come to call the righteous, but sinners to repentance. Wherefore it is right that thou visit them and comfort them, and eat with them in love, and be careful for their salvation, and help them, and say unto them, Be strong, clap your hands and dance (with) your feet. Ye ought then to console the sorrowful of heart, and bear patiently with the angry, lest they turn again unto folly, for the passionate man is ever a fool. [ii., 41.) But if any man turn, and show forth the fruits of repentance, straightway receive him, as the prodigal son who scattered all his father’s substance, “living riotously. And he spent all that he had, and there came a great famine on that land, and he began to be in want. And he went and joined himself to one of the men of that country, and he sent him to his field to feed swine. And he would fain have filled himself with the berries that the swine did eat: and no man gave unto him. And he thought in his heart, and said, How many hired servants of my father’s (are there) who have bread enough and to spare, and I die here of hunger. I will arise and go to my father, and will say unto him, Father, I have sinned against heaven, and in thy sight; and am not worthy therefore to be called thy son: make me as (one) of thy servants. And he arose, and came to his father. And his father saw him from afar, and was moved with compassion for him, and ran, and fell on his neck, and kissed him. And his son said unto him, Father, I have sinned against heaven, and in thy sight, and am not worthy to be called thy son. And his father said to his servants, Bring quickly choice garments, and put (them) on him; (and) put a ring on his hand and shoes on his feet: and bring a fatted calf, and kill (it), and let us eat, and make merry: (for) this my son was dead and lived again; and was lost and is found.” Thus do, O bishop, when ye baptize the catechumens: receive them and lay thy hand upon them, for they have been purified by repentance. And after thou hast prayed over them, baptize them and bring them into the good flock. For when thou layest thy hand upon them the Holy Spirit descendeth upon them from our Lord Jesus Christ. And if one of the faithful brethren asketh thee, and saith to thee, Wherefore hast thou (slain] the sinner? Oughtest thou not to rejoice with him, and to say to him, Because this thy brother was dead, and lived again; and was lost, and is found? For God is merciful, and forgiveth the sin of him that hath repented and done (that which is) good. Hear what David did when he sinned in the matter of the wife of Uriah. After his sin he repented, and said, ‘Turn thy face from my sin, and blot out all my transgression. Create for me a clean heart, O Lord, and renew a right spirit within me. And cast me not away from before thy face, and take not thy Holy Spirit from me. Restore unto me joy and thy salvation and strengthen me with an excellent spirit.’, And thou also, O bishop, heal them as a wise physician, and as a faithful friend, who careth and seeketh for the salvation of his neighbour. In like manner do thou help and save, and heal from the wounds of sin those that turn unto God, that they may be saved from condemnation. If their disease be great, give unto them the remedy which blotteth out uncleanness; and anoint them with the oil of life, which destroyeth the poison of the disease, that is, fasting and prayer; and bind up by prayer and supplication the defilement of the limbs of those that are broken. And if, when thou doest all this, thou art not able to heal them, be not against them as a saw which cutteth asunder, or as an axe which breaketh in pieces, but rather as a wise physician who cutteth with a lancet, and removeth the foulness of the disease that is hidden within: and then shall the whole limb become sound. But if thou seest a deceitful man who refuseth to turn unto repentance, but liveth in folly and error, cut him off from the Church. For it is said, “Remove all evil from you.” “ It is right that thou admonish him, but it is right that thou reckon him not an enemy, for he is a member of thine. And respect not persons in judgment, and favour neither the rich nor the poor. [ii., 42.] And ye, O shepherds of the sheep and deacons, ought not to hearken to words of falsehood and accusation against an innocent man in whom is no sin, that ye should put him forth from the Church, seeking occasions to receive bribes, and to accept persons; for those that do thus are the friends of the devil. Know, then, that ye shall be requited concerning this before the judgment-seat of the Lord, for it is written, saying, ‘Thou shalt not slay the righteous with the sinner, nor take a bribe to destroy life: for a bribe blindeth the eyes of the wise, and perverteth the word of righteousness. Honour not a transgressor because of a bribe, and change not righteousness for falsehood, but take heed to yourselves,” and do not any (such) thing. And judge not unrighteously, and be not partakers with evil-doers. For it is said by Isaiah the prophet, ‘“ Woe unto them that call good evil, and evil good; that call light darkness, and darkness light; that call sweet bitter, and bitter sweet. Woe unto them that are wise unto evil, and say, We are as the wise.’’! But if ye pervert judgment by iniquity, know that ye shall bring on yourselves grievous condemnation. For our Lord saith, “Even as ye have judged, ye shall be judged, and with the measure wherewith ye -have measured, men shall measure unto you.”’ But if ye have understanding, and enquire into matters of judgment, ye shall discern the evil, and the false, and the slanderers who would fain slay their neighbours by wrongdoing. [ii., 43-] These are they that cause trouble, and observe words of vanity, and make snares for themselves by the words of their lips. Those that do thus put far away,” lest they destroy the Church of God. But if they turn and repent, and forsake their wickedness, and do good, let them be received that they ma enter into the Church, for they have received the Body or Christ. If a man be born having in his members aught superfluous, will he not cut off that which is superfluous in his members, that it be not a shame unto him? In like manner, ye shepherds of the sheep, drive out from the Church of God the ungodly and unbelieving; for it is a shame if there are with you those that believe not in the name of Jesus Christ. Cut them off entirely from the Church; ye are truly members of Christ and sons of the Church. And if there be found in your midst a superfluous member, who hath thoughts of evil, and goeth to and fro among you with murder, and slander, and blasphemy—he that doeth thus hath accomplished all the devices of Satan, and hath blasphemed against the Church. Let those that do thus be put forth from the Church, and be requited according to their works, and entirely cut off from the people of the Lord. Behold then the Church of the Lord is beautified, for the evil member hath gone forth from her, that dwelt within her, troubling her. These are destroyers, haters of good, and lovers of wealth and vain praise, who are wise unto evil, and scatter the sheep of the flock of Jesus Christ. lii., 44.] Bishops and people ought to judge in righteousness; for our Lord saith, “If ye walk in a crooked way, I also will walk with you in a crooked way. And moreover somewhere it is said, ‘“ With a righteous man thou shalt be righteous; and with a pure man thou shalt be pure; and with the elect thou shalt be elect; and with the crooked thou shalt be crooked.” Walk, then, in the way of purity, that thou mayest find honour and favour with the Lord. Be of one heart and love one another: and let there be peace among you."- And ye, O bishops, feed the people with firmness, with one heart and in uprightness and fellowship, that ye may glorify God in one faith. Be, then, one body and one spirit:nd one faith, even as the Lord hath granted unto you, in uprightness. Let the deacon tell the bishop of all that is done, even as Christ did nothing without the Father; for there is one will of the Father and the Son and the Holy Spirit. And when the deacon hath received ordination from the bishop, let him be an ear, and an eye, and a mouth to the bishop, and tell (him) the cares of the people as befitteth: even as Jethro told Moses the prophet and he received his word. [ii., 45.] This honour befitteth a Christian people. Let not the layman judge, nor the elders, but rather such as are set in authority in the Church. For Satan bringeth snares on the servants of God from the ungodly, and teacheth them reproaches and blasphemies. Is there not one among us of understanding that is able to judge between us in uprightness? [ii., 46.] Suffer not, then, the heathen to know the mystery of your hidden things, and accept not against yourselves the testimony of those that believe not, but keep that which has been given unto you. For it is said, “Give that which is the King’s unto the King, and that which is God’s unto God.” ” But if thou hast a debt to pay, delay not to give, saying, To my brother a believer I will pay, but to him that believeth not, I will not pay; but do as our Lord when He paid tribute. And ye, O servants of God, keep the commandments of Christ; and if ye see among the brethren a quarrel or dispute, it is right for you to give word concerning them to those that are set in authority. If they are men of evil habits, and causers of trouble, and haters of good, and such as walk not in the right way—them that are such admonish and put to shame; but when they repent, receive them. And if ye act thus, ye have made peace between brethren and saved them from sin. Ye ought to forgive and pardon the trespasses of your neighbours, even as the Lord commanded Peter, when he said unto Him, If my neighbour sin against me, how often shall I forgive him? Seven times? And Jesus said unto him, I say not unto thee, seven times, but, seventy times seven. Thus, then, the Lord willeth that His disciples should do, and that they should never let revenge dwell in their hearts, nor envy,” nor anger, nor evil desire, but that they should make peace between brethren that they may live in unity. For our Lord saith, “Blessed are the peacemakers, for they shall be called the sons of God.’’ [ii., 47-] Ye ought not then on the Christian Sabbath” to cause contention, but rather (to make) peace. Let judgment be given on other days. And it is right, O bishops, that presbyters and deacons should sit with you in judgment. And judge not with partiality or accepting of persons, but judge in righteousness and uprightness as servants of God. And if there be anyone that hath a suit with his fellow, let them come both of them together, and stand in the court, even as it is written in the law. Judge ye” then in righteousness and in uprightness. Take heed and quickly set them at one, and make peace between them, before the judgment of death come forth from the bishop on him that hath sinned. For with you in the court of judgment is Christ the Son of God. And if any man say, Such a one hath blasphemed against the name of God, and walketh not in the way of righteousness, let not (your) judgment be given hastily, before his fellow appear. [ii., 49.] And when they have come both of them judge between them. For the judgment which proceedeth from you leadeth unto life, and on the other hand it goeth down unto eternal condemnation. For our Lord saith, ‘Follow righteousness and uprightness. But he whose sin is manifestly known, and hath been justly brought up to judgment, shall be far from life eternal, and shall not see the glory of God, but shall be put to shame before the saints. But if ye judge wrongfully, ye shall find condemnation and shall be requited according to your works, even as God requited the two elders who spake falsely against Susanna. Beware then of speaking falsely, for he that speaketh falsely shall find great condemnation. Be not as the men who were transgressors of the law, who spake falsely against Naboth in Samaria; and as the council of the Jews who spake falsely against Stephen the first martyr. They that bear witness must needs be faithful and meek men, in whom is no anger, pure and good and faithful, worshippers of God, in whom is no evil. Such men are worthy to bear witness, (being) pure, in whom is no blemish, and their testimony is sure. But receive not the testimony of those that live not thus. And though the testimony of many false witnesses agree with one consent, hear not their words, for it is said, ‘‘Let me have no fellowship with their assembly of blood.” And moreover it is commanded in the law, ‘‘And hearken not unto a false accusation, nor sit with him that is unjust, lest thou become an unjust witness; nor join thyself with a multitude to do iniquity.’’ [ii., 50.) And if there be one who cometh before you in judgment, examine his life and (see) what his character and habits are; and (if) ye find witnesses concerning him that there is no evil in him, but that he followeth after righteousness, (being) a lover of God, and a receiver of strangers, and a lover of the poor, and a lover of the brethren; who loveth not gain, no extortioner, no drunkard, no sluggard; who putteth not forth his hand for oppression—him whose deeds are such judge in righteousness. But him that speaketh falsely against his neighbour admonish, for he is his brother’s murderer; that others, when they see, may fear, and not follow his way. And if there be one whose sin becometh manifest in judgment, admonish him and put him to shame. [ii., 51..] As we have said before, if there be one who maketh an accusation, give not judgment for the one until both of them are present together in court. But if ye give judgment for the one wrongfully, before his fellow standeth in the court of judgment, then are ye become speakers of lies, as the priests who spake falsely against Susanna in Babylon, and brought her down to the court unto a judgment of death. Howbeit Daniel the prophet saved Susanna, and brought down to the condemnation of death them that had spoken falsely against her. [ii., 53-] And ye also in like manner, if ye judge not in righteousness and uprightness, shall find condemnation, and the scourge of God shall come upon you. But if ye judge in righteousness and in uprightness, ye shall find a good reward and life eternal. Take heed, then, beloved brethren, and do good at all times, that ye may find honour before God with the holy fathers, Abraham, Isaac and Jacob in the Kingdom of heaven in life eternal; for that is right before God. Judge, then,"” in righteousness and peace without anger, for he that provoketh his neighbour to anger without a cause, his portion shall be in Gehenna. For it is said, “Before the sun set, cool your anger, and give not place to Satan. (For let him that stole, steal no more.] And again David saith, ‘Be ye angry and sin not.” Love one another, and remove evil from your hearts, and be at peace amongst yourselves. Hear, then, what our Master and our Lord and our Saviour Jesus Christ saith in the! Gospel, ‘‘When thou bringest thy gift to the altar, and there rememberest that thy brother hath wherewith to reproach thee, leave there thy offering before the altar, and go, first be reconciled with thy brother, and then, returning, offer thy gift." The sacrifice of God is a meek spirit and a humble heart, prayer and thanksgiving; but if thou provokest thy neighbour to anger, and grievest his heart, God will not receive thy sacrifice and thy prayer. Ye, beloved brethren, ought at all times to pray and make supplication, and utter your supplication to God, that He may remove from you indignation and anger. Praise the lord continually at every season, and make mention of His name (which is) Most high, that He may remove from you hatred, and anger, and revenge, that ye may be able to pray with a pure heart wherein is no defilement; for the Lord hath commanded us to love our enemies, and much more our friends. And again it is said, “‘ Hate not any man, but some of them admonish, and some of them teach.” Neither hate thou thy brother with thy whole heart, nor hear an accusation against him, nor find” occasion of stumbling because of him. And persecute not the stranger that dwelleth with thee, for thou wast a stranger in the land of Egypt; and hate not an Edomite, for he is thy brother. And David also saith, “If I have requited them that requited me evil, let mine enemies cause me to fall down naked.’’

What is peret? [Grapes] which fall down during the harvesting. If while he was harvesting [the grapes], he cut off an entire cluster by its stalk, and it got tangled up in the [grape] leaves, and then it fell from his hand to the ground and the single berries were separated, it belongs to the owner. One who places a basket under the vine when he is harvesting [the grapes], 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 may they no longer cut down trees in the seventh year? Bet Shammai says: every tree, after it has produced [fruit]. Bet Hillel says: carob trees after [the carobs] begin to droop, vines after the berries begin to be moist, olive-trees after they had blossomed, any other tree after it has produced [fruit]. And any tree as soon as it reaches the season for tithes it may be cut down. How much should be on an olive tree such that it may not be cut down? A quarter [kav]. Rabban Shimon ben Gamaliel says: all depends on the olive-tree.

Rue, goosefoot, purslane, hill coriander, celery, and meadow-berries, are exempt from tithes. And they may be purchased from anyone during the sabbatical year, since such produce is not usually stored. Rabbi Judah says: aftergrowths of mustard are permitted, since transgressors are not suspected concerning them. Rabbi Shimon says: all aftergrowths are permitted, with the exception of the aftergrowths of cabbage, since such cannot be placed within the category of field-vegetables. But the sages say: all aftergrowths are forbidden.

A vine which was planted in a courtyard: one may take a whole cluster [and eat it without tithing]. Similarly with a pomegranate, or a melon, the words of Rabbi Tarfon. Rabbi Akiva says: he can pick single berries from the cluster, or split the pomegranate into slices, or cut slices of melon [and eat without tithing]. Coriander which was sown in a courtyard: one may pluck leaf by leaf and eat [without tithing], but if he ate them together he is liable [for tithes]. Savory and hyssop, and thyme which are in the courtyard, if they are kept watch over, they are liable for tithe.

Rabban Gamaliel says: shoots of fenugreek, of mustard, and of white beans are liable [to tithe]. Rabbi Eliezer says: as for the caper bush, tithes must be given from the shoots, the berries and the blossoms. Rabbi Akiba says: only the berries are tithed since they [alone] count as fruit.

Rabban Gamaliel says: shoots of fenugreek, of mustard, and of white beans are liable [to tithe]. Rabbi Eliezer says: as for the caper bush, tithes must be given from the shoots, the berries and the blossoms. Rabbi Akiba says: only the berries are tithed since they [alone] count as fruit.

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

Rabbi Yose says: one may plant a shoot of orlah; But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

A stolen or withered hadas is invalid. One [that came from] an asherah or a condemned city is invalid. If its tip was broken off, or its leaves were detached, or its berries were more numerous than its leaves, it is invalid. But if he diminished them it is valid. But he may not diminish them on the festival.

Tekoa is “alpha” first its oil. Abba Saul says: Second to it is Regev, on the other side of the Jordan. The [oil of the] whole land was valid, but they used to bring it only from these places. One may not bring it from a manured field or from an irrigated field or from olive-trees planted in a field sown with seeds, but if one did bring it [from these] it was valid. One may not bring anpakinon, and if one did bring it, it is invalid. One may not bring it from olive-berries which had been soaked in water or preserved or stewed; and if one did bring it, it is invalid.

The hand-coverings of thorn-pickers are pure. A belt and leg guards are susceptible to uncleanness. Sleeves are susceptible to uncleanness. But hand-coverings are pure. All finger-coverings are pure except that of fig-pickers, since the latter holds the sumac berries. If it was torn, if it cannot hold the greater part of a sumac berry it is pure.

Any hyssop that has an accompanying name is invalid. "This" hyssop is valid. Ezovyon (lavendula) hyssop, blue hyssop, Roman hyssop or wild hyssop is invalid. That of unclean terumah is invalid. That of clean terumah should not be used for sprinkling, but if one had used it for sprinkling it is valid. The sprinkling must not be done either with the young shoots or with the berries. He is not liable [after the sprinkling had been done] with young shoots for entering the sanctuary. Rabbi Eliezer says: also not if it was done with the berries. The following are regarded as young shoots: the stalks before the buds have ripened.

Any hyssop that has an accompanying name is invalid. "This" hyssop is valid. Ezovyon (lavendula) hyssop, blue hyssop, Roman hyssop or wild hyssop is invalid. That of unclean terumah is invalid. That of clean terumah should not be used for sprinkling, but if one had used it for sprinkling it is valid. The sprinkling must not be done either with the young shoots or with the berries. He is not liable [after the sprinkling had been done] with young shoots for entering the sanctuary. Rabbi Eliezer says: also not if it was done with the berries. The following are regarded as young shoots: the stalks before the buds have ripened.

It should mention the olive tree but not the vineyard. If it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah. Lo, the mention of the vineyard is needed. Or if it would mention vineyard but not olive tree, I would say that vines which are subject to the rule of isolated berries are subject to peah, but that the olive tree which is not subject to the rule of isolated berries is not subject to peah. Lo, the mention of the olive tree and of the vineyard is needed.

It should mention the olive tree but not the vineyard. If it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah. Lo, the mention of the vineyard is needed. Or if it would mention vineyard but not olive tree, I would say that vines which are subject to the rule of isolated berries are subject to peah, but that the olive tree which is not subject to the rule of isolated berries is not subject to peah. Lo, the mention of the olive tree and of the vineyard is needed.

It should mention the olive tree but not the vineyard. If it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah. Lo, the mention of the vineyard is needed. Or if it would mention vineyard but not olive tree, I would say that vines which are subject to the rule of isolated berries are subject to peah, but that the olive tree which is not subject to the rule of isolated berries is not subject to peah. Lo, the mention of the olive tree and of the vineyard is needed.

It should mention the olive tree but not the vineyard. If it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah. Lo, the mention of the vineyard is needed. Or if it would mention vineyard but not olive tree, I would say that vines which are subject to the rule of isolated berries are subject to peah, but that the olive tree which is not subject to the rule of isolated berries is not subject to peah. Lo, the mention of the olive tree and of the vineyard is needed.

From the olive tree one may infer peah for all trees. From the vineyard one should infer the rule of isolated berries for all trees. (Just as from the olive tree one infers peah for all trees so one should infer the rule of isolated berries for all trees from the vineyard.) Rebbi Abun said, any property that is common to both yields an inference but any property that is [not] common to both yields no inference.

From the olive tree one may infer peah for all trees. From the vineyard one should infer the rule of isolated berries for all trees. (Just as from the olive tree one infers peah for all trees so one should infer the rule of isolated berries for all trees from the vineyard.) Rebbi Abun said, any property that is common to both yields an inference but any property that is [not] common to both yields no inference.

It is fine according to the opinion of Rebbi Ismael. Since Rebbi Ismael established: Everything that was in a set and left the set to be applied to a new rule, is removed from the set and forms a new one; it is necessary that peah should be mentioned for the vineyard. But for the rabbis who say, it remains in its set and keeps its special status, why is peah mentioned for the vineyard? Rebbi Abin said, if only the vineyard were singled out, the question would be valid. But now that vineyard and olive tree are singled out, if it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah.

It is fine according to the opinion of Rebbi Ismael. Since Rebbi Ismael established: Everything that was in a set and left the set to be applied to a new rule, is removed from the set and forms a new one; it is necessary that peah should be mentioned for the vineyard. But for the rabbis who say, it remains in its set and keeps its special status, why is peah mentioned for the vineyard? Rebbi Abin said, if only the vineyard were singled out, the question would be valid. But now that vineyard and olive tree are singled out, if it would mention olive tree but not vineyard, I would say that the olive tree, which is not subject to the rule of isolated berries, is subject to peah, but that vines, which are subject to the rule of isolated berries, are not subject to peah.

It was stated: (Lev. 19:9) “The gathering of your harvest,” not the gathering of your plucking. Rebbi Zeïra, Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who collects ears for his dough in any quantity is free from peah. Rebbi Eleazar says, even with a sickle. Rebbi Yose said, only if he left some standing. Did we not state (Tosephta Peah 1:10): “If he had five vines and he harvested them and brought them into his house, he is free from fallen berries, from orlah, from the fourth year, but he is obligated for gleanings. Rebbi Yudan said, one for those which are fully ripe, one for those which are not fully ripe. Rebbi Yose said, you may even say that both deal with the case that they are fully ripe, or both deal with the case that they are not fully ripe. There if he wanted to eat them as grapes, here if he wanted to make them into wine, he may do so. This is informed from that and that is informed from this. This is informed from that, if he wants to eat them as rubbed ears [he may do so] even if he did not leave a remainder. That is informed from this, if he wants to drink them as wine [he may do so] only if he left a remainder.

HALAKHAH: It was stated: The gleanings of your harvest, not what anybody harvests with his bare hands. And equally, the dropped berries of your vineyard, and not what drops from hand-picking.

MISHNAH: Two sheaves may qualify as forgotten sheaves, three may not. Two heaps of olives or carob may qualify as “forgotten sheaves”, three may not. Two plants of hemp may qualify as “forgotten sheaves”, three may not. Two berries may qualify as dropped berries, three may not. Two stalks may be gleanings, three may not, following the House of Hillel. About all of these, the House of Shammai say three are for the poor and four for the proprietor.

MISHNAH: Two sheaves may qualify as forgotten sheaves, three may not. Two heaps of olives or carob may qualify as “forgotten sheaves”, three may not. Two plants of hemp may qualify as “forgotten sheaves”, three may not. Two berries may qualify as dropped berries, three may not. Two stalks may be gleanings, three may not, following the House of Hillel. About all of these, the House of Shammai say three are for the poor and four for the proprietor.

Rebbi Eleazar in the name of the great Rebbi Ḥiyya: Half a bunch of grapes are dropped berries. Rebbi Ḥiyya stated: Half a bunch of grapes or an entire bunch are dropped berries. But did we not state: “Two berries are dropped berries?” Rebbi Immi in the name of Rebbi Ḥiyya: If he cuts and deposits them under the vine.

Rebbi Eleazar in the name of the great Rebbi Ḥiyya: Half a bunch of grapes are dropped berries. Rebbi Ḥiyya stated: Half a bunch of grapes or an entire bunch are dropped berries. But did we not state: “Two berries are dropped berries?” Rebbi Immi in the name of Rebbi Ḥiyya: If he cuts and deposits them under the vine.

Rebbi Eleazar in the name of the great Rebbi Ḥiyya: Half a bunch of grapes are dropped berries. Rebbi Ḥiyya stated: Half a bunch of grapes or an entire bunch are dropped berries. But did we not state: “Two berries are dropped berries?” Rebbi Immi in the name of Rebbi Ḥiyya: If he cuts and deposits them under the vine.

Rebbi Eleazar in the name of the great Rebbi Ḥiyya: Half a bunch of grapes are dropped berries. Rebbi Ḥiyya stated: Half a bunch of grapes or an entire bunch are dropped berries. But did we not state: “Two berries are dropped berries?” Rebbi Immi in the name of Rebbi Ḥiyya: If he cuts and deposits them under the vine.

MISHNAH: What are dropped berries? Anything that drops during vintage. If he was gathering grapes, cut off the bunch, it got mixed up in the leaves, fell to the ground and scattered, that belongs to the proprietor. He who puts a basket under the vine while he is gathering grapes robs the poor, and about him it was said (Prov. 22:28, 23:10): “Do not displace an eternal boundary.” What is a gleaning of grapes? Anything that has no shoulder and no dropping. If it has either shoulder or dropping it belongs to the proprietor, in case of doubt it belongs to the poor. A gleaning on a cut branch, if it can be cut off together with a bunch it belongs to the proprietor, otherwise to the poor. An isolated berry, Rebbi Jehudah says, it is considered a bunch, but the sages say, a gleaning.

HALAKHAH: This means that dropped berries become sanctified in the act of falling down. Does this not simply answer Hilfai’s question, since Hilfai asked: Do gleanings become sanctified in the act of falling down? Rebbi Samuel ben Eudaimon said: There is a difference, because he prevented them from reaching the ground.

MISHNAH: A vineyard in its fourth year, the House of Shammai say, it is not subject to a fifth and is not subject to removal; but the House of Hillel say, it is. The House of Shammai say, it is subject to single berries and gleanings and the poor redeem for themselves, but the House of Hillel say, all goes to the winepress.

Rebbi Abba bar Cohen asked before Rebbi Yose: He who declares it obligated for single berries, does he also declare it obligated for ḥallah? He said to him, is that not Rebbi Jehudah? And it is our opinion that in all this practice, Rebbi Jehudah follows the House of Shammai.

HALAKHAH: Similarly, if there is no harvest there are no single berries, until there should be vintage along vintage, not if a wild animal ate it.

Rebbi Ḥinena bar Pappa stated, for carob trees their forming clusters means their sprouting. “All black ones”, e. g., bunches of the myrtle and bunches of senna [berries]. Quince, quince. Why are they called “prepared”, because there is no tree only producing for the pot except that kind.

MISHNAH: If somebody says to another person, here take this as for twenty figs that I shall choose, he chooses and eats; for the bunch of grapes that I shall choose, he selects single grape berries and eats; for the pomegranate that I shall choose, he picks single kernels and eats; for the watermelon that I shall choose, he bites off and eats. But if he said, for these twenty figs, for these two bunches, for these two pomegranates, for these two watermelon, he eats as he is used to and he is free since he bought when it was still connected to the ground. If somebody hires a worker to slice figs; if that one told him, on condition that I may eat from the figs, he eats and is free; on condition that I and my son will eat, or that my son may eat in lieu of my wages, he may eat and is free, and his son may eat but is obligated; on condition that I may eat while cutting and after cutting, while cutting he eats and is free, after cutting he eats and is obligated since he does not eat because of the Torah. That is the principle: He who eats because of the Torah is free; if he does not eat because of the Torah he is obligated. If he was working with lĕbāsîm he should not eat benôt ševa‘ and vice-versa. But he may hold back until he reaches the place of good ones and eat there. If somebody switches with another person so that each one eats directly, or each one cuts, or one eats and one cuts, he is obligated. Rebbi Jehudah says, he who exchanges to eat is obligated, to cut is free.

HALAKHAH: ‘ Rebbi Yose in the name of Rebbi Joḥanan: He plucks single berries and eats. Rebbi Ḥiyya bar Abba said, that is what my teacher did. It was stated in the name of Rebbi Yose: If he bit off the minutest amount from a watermelon, he acquired it. Rebbi Jonah asked, does this also hold for a pomegranate?

MISHNAH: From a fig tree standing in a courtyard, one may eat one by one and if he took them together he is obligated. Rebbi Simeon says, one in his right hand, one in his left hand, and one in his mouth. If he climbed to the top of the tree he may fill the fold of his toga and eat. From a vine planted in a courtyard one may take an entire bunch; the same holds for a pomegranate and a watermelon, the words of Rebbi Ṭarphon. Rebbi Aqiba says, he takes single grape berries, single seeds of a pomegranate, and picks from the watermelon. Of coriander sown in the courtyard he snips off leaf by leaf and eats; when he takes them together they are obligated. Calamint, hyssop, and thyme in the courtyard are obligated if they are guarded. If a fig tree was standing in a courtyard but its crown was hanging over a vegetable garden, one eats as usual and is free. If it was standing in a vegetable garden but its crown was hanging over a courtyard, one eats one by one and if he takes them together he is obligated. If it was standing in the Land and hanging over outside the Land or standing outside the Land and hanging over the Land, everything is determined by the stem. For houses of walled cities, everything is determined by the stem. For cities of refuge, all goes by the crown, for Jerusalem all goes by the crown.

MISHNAH: Rabban Gamliel says, the budding fruits of fenugreek, mustard, and white beans are subject to tithes. Rebbi Eliezer says, the caper tree is subject to tithes for its budding fruits and capers. Rebbi Aqiba says, only the berries are subject because they are fruit.

MISHNAH: [Grapes from] a fourth-year vineyard have to be brought to Jerusalem from a distance up to a day’s march. What is this? Eilat from the South, Aqrabeh from the North, Lydda from the West, the Jordan from the East. When the fruits increased they decreed that they might be redeemed [even] close to the city wall. There was a condition made that anytime they decided, they could return to the previous situation. Rebbi Yose says, this condition was introduced when the Temple was destroyed, viz., that one would return to the previous situation if the Temple would be rebuilt soon, in our days. A fourth-year vineyard, the House of Shammai say, is not subject to a fifth and is not subject to removal; but the House of Hillel say, it is. The House of Shammai say, it is subject to single berries and gleanings and the poor redeem for themselves, but the House of Hillel say, all goes to the winepress.

Rebbi Abba bar Cohen asked before Rebbi Yose: Does he who declares it obligated for single berries also declare it obligated for ḥallah? He said to him, is that not Rebbi Jehudah? And it is our opinion that in all this practice, Rebbi Jehudah follows the House of Shammai.

A buckthorn planted for buckthorn berries, a myrtle planted for myrtle berries, some Tannaïm stated: obligated, some Tannaïm stated: exempt. Rav Ḥisda said, he who said “obligated”, at a place where most are guarded; he who said “exempt”, at a place where the majority do not guard. Rebbi Yose asked, if it is at a place where most do guard why does he have to think, even if he did not think! Are we saying: Olive trees and fig trees only if the thinks about them? But even if one half do guard, one half do not guard! Rebbi Matthew understood this from the final statement: “At a place where the majority do not guard” even if he did not think it is exempt.

A buckthorn planted for buckthorn berries, a myrtle planted for myrtle berries, some Tannaïm stated: obligated, some Tannaïm stated: exempt. Rav Ḥisda said, he who said “obligated”, at a place where most are guarded; he who said “exempt”, at a place where the majority do not guard. Rebbi Yose asked, if it is at a place where most do guard why does he have to think, even if he did not think! Are we saying: Olive trees and fig trees only if the thinks about them? But even if one half do guard, one half do not guard! Rebbi Matthew understood this from the final statement: “At a place where the majority do not guard” even if he did not think it is exempt.

“How did they permit sycamore figs of dedicated trees? The Sages said to them, do you not agree with us that growth of dedicated [plants] is forbidden? They told them, when our forefathers dedicated them, they dedicated only the tree stems because of the strong men who came and took them by force.” Do the rabbis mean to say that they dedicated tree stems and fruits? Even if you say that they dedicated the tree stems but not the fruits, the rabbis wonder if somebody dedicates an orchard, may he reserve the growth for himself? Let us hear from the following: “After the gleanings are recognizable, the gleanings belong to the poor.” That is different because nobody may dedicate anything that is not his own. Does that not mean that even if the gleanings were not yet recognizable, they should belong to the poor? This is different, because it is a vineyard for the Temple, as it was stated: “It somebody plants a vineyard for the Temple, it is exempt from single berries, and from ˋoriah, and from the Fourth Year, but it is subject to the Sabbatical year.” Rebbi Zeˋira in the name of Rebbi Joḥanan: The land shall observe a Sabbath for the Eternal. The sanctity of the Sabbatical falls even on anything that is the Eternal’s.

MISHNAH: A robbed or dried up myrtle is disqualified. Of an ashera or a seduced city, it is disqualified. If it was truncated, its leaves broken out, or its berries more than its leaves, it is disqualified; if one reduced their number it is qualified but one may not reduce on the holiday.

Rebbi Phineas ben Rebbi Zakkai said, our Mishnah is about macerated ones, what Rebbi Ḥiyya stated is about berries. The rabbis of Caesarea are saying, the Mishnah follows Rebbi Jehudah, what Rebbi Ḥiyya stated follows Rebbi Yose. Rebbi Jehudah said, small amounts may be lost so large amounts would not be lost; Rebbi Yose says, nothing at all shall be lost.

Rebbi [Yose] said to the colleagues: You should know that Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: If somebody split a limb from a living animal and ate it, everybody agrees that he is free from prosecution. Where do they disagree? If he split it in his mouth before he ate it. Rebbi Joḥanan considers his mouth as inside, Rebbi Simeon ben Laqish considers his mouth as outside. They asked him, what do you say? He answered them, I informed you that mighty mountains disagree, and you ask this? If it is so, even if he split it outside and then ate, he should be guilty! Why? That is how one eats. If somebody split an ant in his mouth and ate it, that is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Maisha asked Rebbi Ze‘ira: If he split a grape in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? He answered, there it is something for which there is a prohibition and impurity. In a circumstance in which its impurity disappeard, its prohibition disappeared. But here is a prohibition and no impurity. Rebbi Abba ben Rebbi Mamal asked: If he split an olive-sized bit of mazzah in his mouth and ate it, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Yose ben Rebbi Abun said, in the other cases, his palate did not enjoy an olive sized bit. The rabbis of Caesarea said that Rebbi Nisa asked: If he split in his mouth pomegranate berries which are ‘orlah and ate them, is that the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish? Where do we hold? If because of fluids, we already did state: “Nothing makes impure as a drink except what comes from olives and grapes.” The rabbis of Caesarea said, explain it if he swallowed them.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not whip for anything imparting taste except imparting taste for the nazir. [Rebbi Ze‘ira said, one does not whip for anything imparting taste until he tasted the forbidden thing itself] except the nazir even if he did not taste the forbidden thing itself. Rebbi Abba bar Mamal said, for food imparting taste what is forbidden and what is permitted is not combined, but for the nazir forbidden and permitted do combine. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Ze‘ira: If wine in the volume of an olive fell into a dish and he ate from it, he cannot be prosecuted unless he ate the entire dish. In the opinion of Rebbi Abba bar Mamal, if he ate the volume of an olive from it he is guilty. A baraita supports Rebbi Abba bar Mamal: “What do we understand when it is said (Num. 6:3): ‘Anything in which grapes were soaked he shall not eat, and fresh or dried grape berries he shall not eat’? What did the verse leave out that was not said? But since it was said (Num. 6:4): ‘anything made from the wine-vine, from grape skins to seeds he should not eat;’ (Num. 6:3) ‘from wine and liquor he shall abstain.’ Why does the verse say ‘anything in which grapes were soaked he should not eat’? It means that if he soaked grapes and then soaked his bread in that, if it adds up to the volume of an olive, he is guilty. From here you argue about all prohibitions of the Torah. Since for all that comes from the vine, whose prohibition is neither permanent, nor a prohibition of usufruct, and whose prohibition can be lifted, He made taste like the thing itself; it is logical that for every prohibition of the Torah which is permanent, is a prohibition of usufruct, whose prohibition cannot be lifted, taste is treated like the thing itself. From here, the Sages inferred that everything imparting taste is forbidden.” This is difficult for Rebbi Ze‘ira: you say everywhere “unless he tasted”, and here you say, “even if he did not taste.”

“Fresh”, to include unripe berries. “Fresh”, to include the flower. The baraita follows Rebbi Yose, since Rebbi Yose said, the flower is forbidden for the nazir because it is a fruit. It is possible to eat a bunch of grapes and to be guilty in reference to “grapes, fresh or dried, he shall not eat.” If he soaked it for soaking, pressed it for wine, and they warned him about “anything that comes from the wine-vine”, etc.

What is Rebbi Yose’s reason? If one ate half the volume of an olive of seeds and peels from one grape berry, in Rebbi Eleazar ben Azariah’s opinion he is guilty, in the rabbis’ opinion he is not prosecutable. What is Rebbi Jehudah’s reason? If he ate the volume of an olive of peels and seeds from two grape berries, in Rebbi Eleazar ben Azariah’s opinion he is guilty only once, in the rabbis’ opinion he is guilty twice. Rebbi Abun said, it turns out that Rebbi Eleazar ben Azariah holds with Rebbi Jehudah, if he ate the volume of an olive of two זגים and their חרצנים?

in every case where men do not plant specifically to obtain that article of food, we do not pronounce the benediction over it? Lo, the caper-bush men plant for the purpose of the caper-blossom ; and we have a Mishnaic teaching : In the case of the various kinds of capers, over the leaves and young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree" !

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

Rab Judah said in the name of Rab : As for the caper-bush which is still in a state of 'Orlah outside the [Holy] Land, one throws away the berries but eats the buds ; that is to say, the berries are fruit but not the buds. Against this [deduction] I quote : ln the case of the various kinds of capers, over the leaves and their young shoots one says "...Who createst the fruit of the ground," but over the berries and buds "...Who createst the fruit of the tree!"

He speaks according to the view of R. 'Akiba ; for there is a Mishnaic teaching : R. Eliezer says : In the case of the caper-bush, we give tithe of the young shoots and the berries and buds ; R. 'Akiba says : We only give tithe of the berries because they are fruit.

He speaks according to the view of R. 'Akiba ; for there is a Mishnaic teaching : R. Eliezer says : In the case of the caper-bush, we give tithe of the young shoots and the berries and buds ; R. 'Akiba says : We only give tithe of the berries because they are fruit.

Rabina found Mar b. Rab Ashe throwing away the berries and eating the caper-buds. He said to him : What is thy opinion — like R. 'Akiba's who takes the lenient view? Then let the master act in accord with Bet Shammai who take a still more lenient view. For there is a Mishnaic teaching : In the case of the caper-bush. Bet Shammai say : It constitutes Kila'im in a vineyard ; but Bet Hillel say : It does not. Both, however, admit that it is subject to 'Orlah.

The Halakah is according to Mar b. Rab Ashe who threw away the berries and ate the buds ; and since these are not regarded as fruit for the purpose of 'Orlah, they are likewise not so regarded for the purpose of the benediction. We accordingly utter over them not "...Who createst the fruit of the tree" but "...Who createst the fruit of the ground."

Three things enter the body without its deriving any benefit therefrom ; melilot, date-berries and unripe dates. Three things do not enter the body, but it derives benefit therefrom : [they are] washing, anointing and regular motions [tashmish]. Three things are of the essence of the world to come : [they are] the Sabbath, the sun and tashmish.

Mishna: A stolen or withered hadas is invalid One [that came from] an asherah or a condemned city is invalid. If its tip was broken off, or its leaves were detached, or its berries were more numerous than its leaves, it is invalid. But if he diminished them it is valid. But one may not diminish them on the festival.

Or if its berries were more numerous than its leaves. R. Hisda said: This matter was stated by our great master, and may God be his help! They taught it only [if all the berries were] in one place, but if in two or three places, it is valid.

Or if its berries were more numerous than its leaves. R. Hisda said: This matter was stated by our great master, and may God be his help! They taught it only [if all the berries were] in one place, but if in two or three places, it is valid.

If the berries are in two or three places it is regarded as striped and [therefore] invalid.

Rather if it was at stated, it was stated in this way: or if its berries were more numerous than its leaves, it is invalid. R. Hisda said: This matter was stated by our great master, and may God be his help!! They taught this only if the berries were black, but if they were green they are merely a species of hadas and valid.

Rather if it was at stated, it was stated in this way: or if its berries were more numerous than its leaves, it is invalid. R. Hisda said: This matter was stated by our great master, and may God be his help!! They taught this only if the berries were black, but if they were green they are merely a species of hadas and valid.

R. Papa said: Red [berries] are like black ones, since R. Hanina said, black blood is [in reality] red blood except that it has deteriorated.

But one may not reduce them [the berries] on Yom Tov. But if he transgressed and did pluck them it is valid. But then, when did it become black? If you will say that it became black from the previous day, then it is a case of "set aside" from the very outset. Deduce from here that something that is "set aside" from the very outset is not [permanently] set aside?

Our Rabbis taught: One may not reduce [the number of berries] on the Festival. In the name of R. Eliezer son of R. Shimon they said that one may reduce. But is he not fixing an object on the Festival?