harvested

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?

HALAKHAH: “If she inherited money; real estate should be bought,” etc. Rebbi Jeremiah said, this is Rebbi Meïr’s opinion since Rebbi Meïr considers standing [produce] as if it were cut. Rebbi Yose said, he did not hear that Rebbi Yose ben Ḥanina said, Rebbi Meïr said this only for standing grain ready to be harvested and grapes ready to be harvested; therefore not unripe produce. But here, even unripe produce. Rebbi Jeremiah asked, are not the arguments of Rebbi Meïr contradictory? There, he did not consider standing [produce] as if it were cut, but here he considers standing [produce] as if it were cut. Rebbi Joḥanan said, Rebbi Meïr does not consider standing [produce] as if it were cut. But if you see cut grain, you empower the woman; if you see an unseeded field, you empower the man. In case of doubt you estimate how much it is worth unseeded and how much seeded. If before it was seeded it was worth (two denars) and when it was seeded (one denar), with that denar real estate should be bought and he reaps its yield.

HALAKHAH: “If she inherited money; real estate should be bought,” etc. Rebbi Jeremiah said, this is Rebbi Meïr’s opinion since Rebbi Meïr considers standing [produce] as if it were cut. Rebbi Yose said, he did not hear that Rebbi Yose ben Ḥanina said, Rebbi Meïr said this only for standing grain ready to be harvested and grapes ready to be harvested; therefore not unripe produce. But here, even unripe produce. Rebbi Jeremiah asked, are not the arguments of Rebbi Meïr contradictory? There, he did not consider standing [produce] as if it were cut, but here he considers standing [produce] as if it were cut. Rebbi Joḥanan said, Rebbi Meïr does not consider standing [produce] as if it were cut. But if you see cut grain, you empower the woman; if you see an unseeded field, you empower the man. In case of doubt you estimate how much it is worth unseeded and how much seeded. If before it was seeded it was worth (two denars) and when it was seeded (one denar), with that denar real estate should be bought and he reaps its yield.

If she sold produce connected to the ground: Rav Aḥa said, as if she sold harvested [produce]; Rebbi Yose said, as if she sold a tenth of the ground. Rebbi Ze‘ira, Rav Jehudah in the name of Rav: If somebody writes a field over to his wife, she cannot sell the produce. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Rebbi Immi asked: If another person had written [real estate] over to her, would he not receive the revenue? If he himself wrote, not so much more! He said only “wrote over”, but not “sold”. What is the difference between one who writes and one who sells? He tried to find a reason to hide food from the wife.

HALAKHAH: “He who sets a fire which consumes wood,” etc. Since thorns are flammable, do I only include flammable material? The verse says, “a stack”. Since a stack of sheaves is particular in that it was harvested, do I only include harvested material? The verse says, “standing grain.” Since all of these are particular in that they are flammable, do I only include flammable material? If it swept his furrow or damaged his stone, from where? The verse says, “or the field.” Should it only have mentioned thorns, standing grain, and stack, but not mentioned field? In the opinion of Rebbi Jehudah this is acceptable since he says, he pays for everything inside. But according to the rabbis, who say that he only pays for a stack of wheat or barley sheaves, why did it mention “field”, why did it mention “stack”?

HALAKHAH: “He who sets a fire which consumes wood,” etc. Since thorns are flammable, do I only include flammable material? The verse says, “a stack”. Since a stack of sheaves is particular in that it was harvested, do I only include harvested material? The verse says, “standing grain.” Since all of these are particular in that they are flammable, do I only include flammable material? If it swept his furrow or damaged his stone, from where? The verse says, “or the field.” Should it only have mentioned thorns, standing grain, and stack, but not mentioned field? In the opinion of Rebbi Jehudah this is acceptable since he says, he pays for everything inside. But according to the rabbis, who say that he only pays for a stack of wheat or barley sheaves, why did it mention “field”, why did it mention “stack”?

“When was this said? Before they started. But if he accepted to harvest a field for two tetradrachmas, harvested half and left half uncut, a garment to weave for two tetradrachmas, wove half and left half unwoven, one estimates for him. How does one estimate what he did? If what he did was worth six denar, he gives him a sela‘ or he has to finish his work. If it was worth a tetradrachma he gives him a tetradrachma; Rebbi Dosa says, one estimates what remains to be done. If what remains to be done was worth three denar, he gives him a šeqel or he has to finish his work. If it was a šeqel, he gives him a šeqel.” Rebbi Ze‘ira in the name of Rav Ḥuna, Rebbi Bina, Rebbi Jeremiah in the name of Rav: practice follows Rebbi Dosa.

MISHNAH: Rebbi Ismael says, three months in the first and three months in the last with twelve months in the middle, for a total of eighteen months. Rebbi Aqiba says, one month in the first and one month in the last with twelve months in the middle, for a total of fourteen months. Rebbi Ismael said, when has this been said? A field of grain. But for an orchard, if he harvested his yield, lifted his olives, and collected his cut figs it counts for three years.

MISHNAH: He who sells a field sold the stones which are needed for it, and the posts in a vineyard which are needed for it, and grain standing on the ground, and a reed fence taking up less than a bet rova‘, and a watchman’s hut not made with mortar, and a carob tree not yet grafted, and a virgin sycamore tree. But he sold neither the stones which are not needed for it, nor the posts in a vineyard which are not needed for it, nor grain harvested from the ground. But if he said to him, “it and all it contains,” all is sold. In no case did he sell either a reed fence taking up more than a bet rova‘, or a watchman’s hut made with mortar, or a grafted carob tree, or an anvil sycamore tree. Neither the cistern, nor the wine press, nor a dovecote whether deserted or intact; and he has to buy himself access, the words of Rebbi Aqiba; but the Sages say that he does not not have to buy himself access. Rebbi Aqiba agrees that if he said “except these”, he does not not have to buy himself access. If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he does have to buy access. When has this been said? For the seller. But one who gives a gift, gives everything. Brothers who divided [an inheritance]: if one acquired a field he acquired everything. Somebody taking possession of a proselyte’s property: if he took possession of a field, he took possession of everything. If somebody dedicated a field to the Temple, he dedicated everything; Rebbi Simeon says that he who dedicated a field to the Temple only dedicated a grafted carob tree and an anvil sycamore tree.

Come and hear: If one made his Shabbat resting place on a mound which is ten [handbreadths] high and [whose extent] is from four cubits to two bet se'ah and so also with a cavity in the ground which is ten [handbreadths] deep, and [whose extent] is from four cubits to two bet se'ah and so also with a harvested spot of grain that was surrounded by ears of grain, he may walk throughout its whole extent and two thousand cubits outside it [on the Sabbath]. [Now is not this permitted] even although it sways to and fro? There also it refers to where he plaited it with shrubs and bay-trees.