legumes

MISHNAH: They established a principle for peah: Everything that is food, is treated as private property, grows from the earth, is harvested at one time, and is stored, is subject to peah. Grain and legumes are included. And among trees sumac and carob, walnut and almond, vine and pomegranate, olive and date palm are subject to peah.

HALAKHAH: (Lev. 19:9) “And at your reaping,”not only reaping; from where do we add plucking? The verse says “to harvest.” From where do we add uprooting? The verse says “your harvest.” Not only grain, from where do we add legumes? The verse says “in your land.” From where do we add trees, the verse says “your field.”

“ Wine for brine, wine for perfume, legumes to make into powder are subject to demay, not to mention if they are certain. They themselves are free from demay.” Where are we standing? According to Rebbi, they should be subject to demay, according to Rebbi Eleazar ben Rebbi Simeon, even if certain they should be free. But we follow Rebbi, we say we are dealing with the easy ones, for which they eased the rules of demay.

MISHNAH: Every seah that contains a quarter of seeds from another kind should be diminished; Rebbi Yose says, he must pick it out, whether it be from one kind or from two kinds. Rebbi Simeon said, they said it only for one kind, but the Sages say, everything that is kilaim with the seah counts together for a quarter. When is this said? Grain with grain, legumes with legumes, grain with legumes, legumes with grain. In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah. Rebbi Simeon said, that which they said to restrict, they also said for leniency. Flax seeds in grain add up together for one in 24 when they fall on a bet seah.

MISHNAH: Every seah that contains a quarter of seeds from another kind should be diminished; Rebbi Yose says, he must pick it out, whether it be from one kind or from two kinds. Rebbi Simeon said, they said it only for one kind, but the Sages say, everything that is kilaim with the seah counts together for a quarter. When is this said? Grain with grain, legumes with legumes, grain with legumes, legumes with grain. In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah. Rebbi Simeon said, that which they said to restrict, they also said for leniency. Flax seeds in grain add up together for one in 24 when they fall on a bet seah.

MISHNAH: Every seah that contains a quarter of seeds from another kind should be diminished; Rebbi Yose says, he must pick it out, whether it be from one kind or from two kinds. Rebbi Simeon said, they said it only for one kind, but the Sages say, everything that is kilaim with the seah counts together for a quarter. When is this said? Grain with grain, legumes with legumes, grain with legumes, legumes with grain. In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah. Rebbi Simeon said, that which they said to restrict, they also said for leniency. Flax seeds in grain add up together for one in 24 when they fall on a bet seah.

MISHNAH: Every seah that contains a quarter of seeds from another kind should be diminished; Rebbi Yose says, he must pick it out, whether it be from one kind or from two kinds. Rebbi Simeon said, they said it only for one kind, but the Sages say, everything that is kilaim with the seah counts together for a quarter. When is this said? Grain with grain, legumes with legumes, grain with legumes, legumes with grain. In truth, they said that garden seeds which are not eaten add up together for one in 24 when they fall on a bet seah. Rebbi Simeon said, that which they said to restrict, they also said for leniency. Flax seeds in grain add up together for one in 24 when they fall on a bet seah.

“ One does not transgress ‘do not muzzle’ while softening legumes or fenugreek, but it is forbidden because of the bad impression.” Some Tannaїm state: “Threshing which is permitted to you.” But some Tannaїm state: “Threshing which is not permitted to you.”

Some want to understand it from the following: (Deut. 14:22): “You should certainly tithe,” a general statement. “All grain of your seed,” a detail. For every general statement followed by a detail, the general statement only implies the detail. That means, only grain. From where legumes? The verse says (Lev. 27:30): “All tithe from the earth, from seeds of the earth, from the fruit of the tree, belongs to the Eternal.” This includes seeds of garlic, cress and rocket. I might think to add the upper part of arum and the seeds of vetch, the seeds of onions, the seeds of turnips and radishes, and all other garden seeds that are not eaten; the verse says, “from seeds of the earth,” and not all seeds of the earth. (Lev. 27:30) “From fruits of trees,” to include all fruits of trees. I might think to add acacia and ṣalmona pods, and carobs from dry land; the verse says, “from fruits of trees,” not all fruits of trees.

MISHNAH: What is their threshing floor for tithes? Green melon and pumpkins from when they are cleaned; if they are not cleaned, when one makes a heap. Water melons, when they are cleaned; if they are not cleaned, when he puts them in storage. Vegetables sold in bundles, when they are bundled. When he makes no bundles, when he is finished filling the vessel; if he does not fill the vessel, when he is finished harvesting. A fig basket when he covers it; if he does not cover it when the vessel is completely filled; if he does not completely fill the vessel, when he has collected all he wants. When has this been said? When he brings it to market. But if he brings it to his house, he may eat snacks from it until he reaches his house. Dried pomegranate cells, raisins, and carob when he makes them into a pile. Onions when they are cleaned, if he does not clean when he makes them into a pile. Grain when it is in smooth piles, if he does not smoothe when he makes it into a pile. Legumes when they are sifted, if he does not sift when he makes smooth piles. Even though he made smooth piles, he may take from the broken ones, from the sides, and from what is in the chaff and eat. Wine after he cleaned it. Even after he cleaned it he may collect from the upper part of the winepress or the pipe and drink. Oil after it descended into the barrel. Even after it descended, he may take from the press, the weight, and between the beams and put it on a pizza or into a bowl but he should not add it to a hot pan or pot. Rebbi Jehudah says, he may put it anywhere except into anything containing vinegar or fish sauce.

MISHNAH: The following are subject to ḥallah but exempt from tithes: Gleanings, forgotten sheaves, and peah, as well as abandoned property, First tithe of which its heave had been taken, second tithe and dedicated [grain] that were redeemed, the excess of the ‘omer, and grain not yet one-third ripe. Rebbi Eleazar said, grain not yet one-third ripe is exempt from ḥallah. The following are obligated for tithes but free from ḥallah: Rice, millet, poppies, sesame, legumes, and less than five quarter [qab] of grain. Bismarcks, honey cakes, roasted cakes, pancakes, and dema‘ are free from ḥallah.

What is the difference between this and cleansing heave vegetables? The latter is possible food, the former is not possible food. The rabbis of Caesarea asked, what is the difference between this and picking out legumes on a holiday?

MISHNAH: If one selects out legumes on the holiday, the House of Shammai say he picks out the food and eats. But the House of Hillel say, he picks out normally into his chest or a basket, but not on a tablet, not with a fine sieve nor with a coarse sieve. Rabban Gamliel says, also he drenches and scoops off.

MISHNAH: The House of Shammai say, on a holiday one sends only portions, but the House of Hillel say one sends domestic animals, wild animals, and birds, whether alive or slaughtered. One sends wines, oils, and flour, and legumes, but no grains. Rebbi Simeon permits grains.

MISHNAH: One gives her half a qab of legumes and half a qab of oil, a qab of dried figs or a mina of fig cake; if there are none available one finds her fruit from other places. Also one gives her a bed and a mat; if he has no bed, a mat and a rug. Also, one gives her a cap for her head and a belt for her loins, and shoes every holiday, and garments worth 50 tetradrachmas every year. One does not give her new ones in the summer or worn ones in the winter, but one gives her garments worth 50 tetradrachmas in the winter and she covers herself with the worn garments in the summer; and the rags are hers.

HALAKHAH: “One gives her half a qab of legumes and half a qab of oil,” etc. Rebbi Mana said, a mina, i. e. four riṭl. He gives her a pillow, a light and wick, and an amphora, and a pot. Rebbi Yose said, she has no right to a pillow since the wives of poor men do not sleep on a pillow. Rebbi Ḥiyya in the name of Rebbi Joḥanan: If she left over from her food, it is hers, if she left over rags they are his - if she left over rags they are hers. That is, of a married woman. But for a widow, both her leftover food and her leftover rags are hers.

MISHNAH: One who makes a vow to abstain from vegetables is permitted squash, but Rebbi Aqiba forbids it. They said to Rebbi Aqiba, does it not happen that a person says to his agent, buy vegetables for us, and he says, I found only squash? He said to them, that is true. Would he ever say, I found only legumes? But squash is contained in the notion of “vegetable”. He is forbidden fresh Egyptian beans and permitted dried ones.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: Somebody who rented a donkey to lead it on the mountain but led it in the valley, in the valley but led it on the mountain, even if both ways were ten mil, if it died he has to pay. If he rented a donkey and it developed eye trouble or it was taken to government service, he tells him, here is your property before you. If it died or broke a limb, he has to provide him with another donkey. Somebody rented a donkey to lead it on the mountain but led it in the valley; if it slipped, he is not liable; if it suffered a heat stroke, he is liable. In the valley, but he led it on the mountain; if it slipped, he is liable; if it suffered a heat stroke, he is not liable but if it happened because of the ascent, he is liable. Somebody rented a cow to plough on the mountain but ploughed in the valley, if the plough’s peg broke, he is not liable. In the valley but he ploughed on the mountain, if the plough’s peg broke, he is liable. To thresh legumes but he threshed grain, he is not liable; to thresh grain but he threshed legumes, he is liable, for legumes make [the floor] slippery.

MISHNAH: One who hires workers and tells them to start early and work late, at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.

MISHNAH: One who contracts with another for a field to sow barley shall not sow wheat; for wheat he may sow barley. Rabban Simeon ben Gamliel prohibits. For legumes he may not sow grain; for grain he may sow legumes. Rabban Simeon ben Gamliel prohibits.

MISHNAH: One who contracts with another for a field to sow barley shall not sow wheat; for wheat he may sow barley. Rabban Simeon ben Gamliel prohibits. For legumes he may not sow grain; for grain he may sow legumes. Rabban Simeon ben Gamliel prohibits.

One who said, my property should be given to X, if X died to Y, if Y died to Z. The one who was mentioned earlier receives the property earlier. If the second died during the first’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If the third died during the second’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If both the second and the third die during the first’s lifetime, the first has the usufruct and acquired the real estate, the words of Rebbi. Rabban Simeon ben Gamliel said, he only has the usufruct. Ḥizqiah said, practice follows Rebbi. Rebbi Yannai said, Rebbi agrees that he cannot dispose of it by a death-bed will. Rebbi Joḥanan said, not even as a gift from a healthy person. As in the following: A woman wrote her properties over to a certain man. She needed money and sold it to her husband. Rebbi Ḥiyya bar Madia brought the case before Rebbi Yose. Did not Rebbi Yannai say, Rebbi agrees that he cannot dispose of it by a death-bed will? Rebbi Joḥanan said to him, is that not the gift of a healthy person? Since the husband of this woman is obligated to provide for her food, is that not like a death-bed will? So far, he is obligated to provide for her bread and legumes. Maybe eggs? Maybe chicken? Since it was stated that the first has the usufruct and acquired the real estate, that means that she may sell the property even in order to eat delicacies. Rebbi Aḥa bar Jacob said, it was stated there that her burial is part of her upkeep. If she did not have a burial site, since it was stated that the first has the usufruct and acquired the real estate, it means that he may sell the real estate and acquire a burial site.

MISHNAH: “You are holding for me a kor of grain;” “I am holding for you only a letek of legumes;” he is not liable. “You are holding for me a kor of produce;” “I am holding for you only a letek of legumes;” he is liable since legumes are subsumed under produce. If one sued for wheat and the other acknowledged barley, he is not liable, but Rebbi Simeon declares him liable. Somebody who sued for amphoras of oil and the other admitted to pitchers, Admon says since he admitted of the kind of the claim he has to swear. But the Sages say, the admission is not of the kind of the claim. Rabban Gamliel said, I see the words of Admon. If somebody sued for both vessels and real estate; if [the other] admitted the vessels but denied the real estate, or the real estate and denied the vessels, he is not liable. If he admitted part of the real estate he is not liable. Part of the vessels he is liable since non-guaranteed property obligates guaranteed property to be sworn about.

MISHNAH: “You are holding for me a kor of grain;” “I am holding for you only a letek of legumes;” he is not liable. “You are holding for me a kor of produce;” “I am holding for you only a letek of legumes;” he is liable since legumes are subsumed under produce. If one sued for wheat and the other acknowledged barley, he is not liable, but Rebbi Simeon declares him liable. Somebody who sued for amphoras of oil and the other admitted to pitchers, Admon says since he admitted of the kind of the claim he has to swear. But the Sages say, the admission is not of the kind of the claim. Rabban Gamliel said, I see the words of Admon. If somebody sued for both vessels and real estate; if [the other] admitted the vessels but denied the real estate, or the real estate and denied the vessels, he is not liable. If he admitted part of the real estate he is not liable. Part of the vessels he is liable since non-guaranteed property obligates guaranteed property to be sworn about.

MISHNAH: “You are holding for me a kor of grain;” “I am holding for you only a letek of legumes;” he is not liable. “You are holding for me a kor of produce;” “I am holding for you only a letek of legumes;” he is liable since legumes are subsumed under produce. If one sued for wheat and the other acknowledged barley, he is not liable, but Rebbi Simeon declares him liable. Somebody who sued for amphoras of oil and the other admitted to pitchers, Admon says since he admitted of the kind of the claim he has to swear. But the Sages say, the admission is not of the kind of the claim. Rabban Gamliel said, I see the words of Admon. If somebody sued for both vessels and real estate; if [the other] admitted the vessels but denied the real estate, or the real estate and denied the vessels, he is not liable. If he admitted part of the real estate he is not liable. Part of the vessels he is liable since non-guaranteed property obligates guaranteed property to be sworn about.

And R. Yohanan said that he gave her legumes, and so it says, “So the steward took away their food and gave them legumes” (Daniel 1:16).

And R. Yohanan said that he gave her legumes, and so it says, “So the steward took away their food and gave them legumes” (Daniel 1:16).