orchard

Thy plants are an orchard of pomegranates, with pleasant fruits; camphire, with spikenard,

And likewise their gods of wood, and laid over with silver and gold, are like to a white thorn in an orchard, that every bird sitteth upon; as also to a dead body, that is cast into the dark.

As in an orchard of Olives upon every tree there are left three or four olives;

Until when may they plow an orchard in the sixth year? Bet Shammai say: as long as such work will benefit the fruit. And Bet Hillel says: till Atzeret (Shavuot). The views of this [school] are close to those of the other.

What constitutes an orchard? Any field in which there are at least three trees for every bet seah. If each tree is capable of yielding a cake of pressed figs, the size of sixty in the Italian maneh, then the entire bet seah may be plowed for their sake. If less than this amount, they may only plow the area that is occupied by the gatherer when his basket is placed behind him.

Until when may they plow a white field in the sixth year? Until the moisture has dried up in the soil, or as long as men still plow in order to plant cucumbers and gourds. Rabbi Shimon said: in that case you are placing the law in the hands of each man! Rather in the case of a white field until Pesah, and in the case of an orchard until Atzeret (Shavuot).

Clarification. Rebbi Abbahu, Rebbi Yose ben Ḥanina, and Rebbi Simeon ben Laqish passed by the orchard of Doron. The sharecropper brought them one peach; they and their donkeys ate from it and left some over. They estimated it to be like a dish from Kefar Ḥananiah that contains a seah of lentils. After a time they passed by there, he brought them two or three peaches in one hand. They said to him, we would like some from that tree. He said to them, they are from it. On that, they quoted (Ps. 107:34): “A fruit-bearing land into salt flats, because of the evil of its inhabitants.”

HALAKHAH: There we have stated: “They permitted the use of sycamore figs from Temple trees. The Sages told them: Do you not agree with us that fruits from Temple property are forbidden? They said to them, when our forefathers dedicated them, they dedicated only the tree stems because of strong men who came and took them by force.” Do the rabbis mean to say that they dedicated tree stems and their fruits? Even if you say that they dedicated only the stems but not the fruits, the rabbis wonder whether if somebody dedicates an orchard, he may reserve the growth for himself. Let us hear from the following: “After the gleanings are recognizable, they 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? That is different, because it is a vineyard for the Temple, as it was stated: “If somebody plants a vineyard for the Temple it is exempt from orlah, from the fourth year, and from gleanings, but it is subject to the Sabbatical year.”

MISHNAH: Until when may one plough an orchard in the year preceding the Sabbatical? The House of Shammai say, as long as it helps the fruits, the House of Hillel say, until Pentecost. Their words do not differ by much.

MISHNAH: What is an orchard? Any three trees on a bet seah; if they may produce a fig cake in the weight of a talent of 60 Italic minas one ploughs the entire bet seah because of them. If it is less, one ploughs for them only to accomodate the harvester and his basket beside him.

What explains the difference between a shadeless field and an orchard? Since a shadeless field will be newly sown it needs existing superficial moisture but an orchard which already is planted does not need superficial moisture.

What explains the difference between a shadeless field and an orchard? Since a shadeless field will be newly sown it needs existing superficial moisture but an orchard which already is planted does not need superficial moisture.

Rebbi Zeïra went to the hot springs of Pella and found himself outside of the “Babylonian date palms”. He sent to ask Rebbi Ḥiyya bar Abba; Rebbi Ḥiyya bar Abba asked the two sons of Rebbi Eviatar from Dama who said to him, Cohanim are used to go there. The Cohanim asked Rebbi Joḥanan about that strip around Naveh. Rebbi Joḥanan said to them in the name of Rebbi Onias from Ḥauran: Cohanim are used to go there up to Edrei, and in the region of Bostra up to the orchard.

The colleagues in the name of Rebbi Joḥanan: So did Rebbi Jehudah disprove Rebbi Meїr[’s argument]: Do you not concede to me that one who gives to his son is free? What is the difference between gathering and giving to his son or gathering and giving to another person? Rebbi Yudan asked: What did you see to say ‘if he gathers and delivers,’ can we not say ‘if he gathers and eats’? Rebbi Mana said, there cannot be “if he gathers and eats”, only “if he gathers and delivers,” because of that rose garden. Can you say the rose garden [is a case of] gathering and eating? No, gathering and delivering! There also, he gathers and delivers because he would say to him, if you enter you will damage its roses! A baraita disagrees with Rebbi Mana’s argument: “ ‘I am selling you the vineyard’, this is a valid sale even if there are no vines since he sells him [the real estate] by description. ‘I am selling you the orchard’, this is a valid sale even if there are no trees since he sells him [the real estate] by description.’ ”

HALAKHAH: Zenon asked Rebbi: How should we state, fourth-year vineyard or fourth-year orchard? He said to them, go out and ask Rebbi Isaac the Elder with whom I checked the entire Mishnah. He said to them, the first ones fourth-year vineyard, the second ones fourth-year orchard. Rebbi Zeïra complained about the old people from the time of Rebbi Isaac the Elder, that they did not check all Mishnaiot with him.

HALAKHAH: Zenon asked Rebbi: How should we state, fourth-year vineyard or fourth-year orchard? He said to them, go out and ask Rebbi Isaac the Elder with whom I checked the entire Mishnah. He said to them, the first ones fourth-year vineyard, the second ones fourth-year orchard. Rebbi Zeïra complained about the old people from the time of Rebbi Isaac the Elder, that they did not check all Mishnaiot with him.

It was stated: Rebbi says, the House of Shammai said this only for the Sabbatical year, but in all other years of the Sabbatical cycle, the House of Shammai say that it is subject to a fifth and subject to removal. According to that Tanna, they learned the rules of the fourth-year orchard only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, so there is no fourth-year orchard in the Sabbatical year. But then should there be no holiness in it? Its holiness comes from the verse (Lev. 19:24): “Holy for praises,” it has the status of those holy fruits over which praises are said. And should it be permitted to the fresh mourner? It is stated: This implies that it is forbidden to the fresh mourner. And should it be subject to removal? Following Rebbi Simeon, since Rebbi Simeon frees it from removal. And should it be redeemed while still connected to the ground?

It was stated: Rebbi says, the House of Shammai said this only for the Sabbatical year, but in all other years of the Sabbatical cycle, the House of Shammai say that it is subject to a fifth and subject to removal. According to that Tanna, they learned the rules of the fourth-year orchard only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, so there is no fourth-year orchard in the Sabbatical year. But then should there be no holiness in it? Its holiness comes from the verse (Lev. 19:24): “Holy for praises,” it has the status of those holy fruits over which praises are said. And should it be permitted to the fresh mourner? It is stated: This implies that it is forbidden to the fresh mourner. And should it be subject to removal? Following Rebbi Simeon, since Rebbi Simeon frees it from removal. And should it be redeemed while still connected to the ground?

Rabban Simeon ben Gamliel stated: Both in the Sabbatical year and in the rest of the years of the Sabbatical cycle, the House of Shammai say, there is no fifth and no removal. According to that Tanna, they did not at all learn the rules of the fourth-year orchard from Second Tithe. But then should there be no holiness in it? Its holiness comes from the verse (Lev. 19:24): “Holy for praises;” it has the status of those holy fruits over which praises are said. And should it be permitted to the fresh mourner? It is stated: This implies that it is forbidden to the fresh mourner. And should it be subject to removal? Following Rebbi Simeon, since Rebbi Simeon frees it from removal. And should it be redeemed while still connected to the ground?

Rebbi Ayvu bar Naggari stated before Rebbi La following Rebbi Ismael (Lev. 27:31): “If a man redeems part of his tithes, he should add their fifth to it.” That excludes the fourth-year orchard; one is not obligated by it for a fifth. Then he turned around and stated: There are two terms of redemption, one for the Second Tithe and one for the fourth-year orchard.

Rebbi Ayvu bar Naggari stated before Rebbi La following Rebbi Ismael (Lev. 27:31): “If a man redeems part of his tithes, he should add their fifth to it.” That excludes the fourth-year orchard; one is not obligated by it for a fifth. Then he turned around and stated: There are two terms of redemption, one for the Second Tithe and one for the fourth-year orchard.

There we have stated: Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile, but the Sages say there is. Rebbi Eleazar said, so says the Mishnah: There is never a vineyard in the fourth year for the Gentile. Rebbi Bibi said before Rebbi Zeïra in the name of Rebbi Eleazar: According to the opinion of Rebbi, the statement of Rebbi Jehudah turns out to be like the statement of the House of Shammai. Since the House of Shammai said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, so there is no fourth-year orchard in the Sabbatical year. Similarly, Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. He said to him, look what he said! He said only, it is not subject to a fifth and is not subject to removal, hence, it is subject to all other rules; Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile in Syria.

There we have stated: Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile, but the Sages say there is. Rebbi Eleazar said, so says the Mishnah: There is never a vineyard in the fourth year for the Gentile. Rebbi Bibi said before Rebbi Zeïra in the name of Rebbi Eleazar: According to the opinion of Rebbi, the statement of Rebbi Jehudah turns out to be like the statement of the House of Shammai. Since the House of Shammai said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, so there is no fourth-year orchard in the Sabbatical year. Similarly, Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. He said to him, look what he said! He said only, it is not subject to a fifth and is not subject to removal, hence, it is subject to all other rules; Rebbi Jehudah says, there is no vineyard in the fourth year for the Gentile in Syria.

Samuel bar Abba asked: Since the House of Shammai said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, there is no fourth-year orchard in the Sabbatical year. Similarly, in the third and sixth years of the Sabbatical cycle, since there is no Second Tithe, there should not be any fourth-year orchard. Rebbi Yose said, even though there is no Second Tithe in the third and sixth years, there are the tithes. In the Sabbatical year, there are no tithes at all.

Samuel bar Abba asked: Since the House of Shammai said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in the Sabbatical year, there is no fourth-year orchard in the Sabbatical year. Similarly, in the third and sixth years of the Sabbatical cycle, since there is no Second Tithe, there should not be any fourth-year orchard. Rebbi Yose said, even though there is no Second Tithe in the third and sixth years, there are the tithes. In the Sabbatical year, there are no tithes at all.

Ḥeipha asked: Since Rebbi Jehudah said that they learned the rules of the vineyard of the fourth year only from Second Tithe; since you say that there is no Second Tithe in Syria, there is no fourth-year orchard in Syria. Similarly, they learned the rules of the heave of the thanksgiving sacrifice only from the heave of the tithe; since you say that there was no heave of the tithe in the desert, will it follow that there was no heave of the thanksgiving sacrifice in the desert? Rebbi Yose said, they learned from it only in regard to quantities.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Rebbi Eleazar ben Rebbi Simeon said, Israel did become obligated for the fourth-year orchard only after 14 years, seven during which they conquered and seven during which they divided up the land. Rav Ḥisda said, it turns out that the argument of Rebbi Yose ben Rebbi Jehudah is identical with that of his father Rebbi Jehudah. Just as Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that there is no Second Tithe in Syria, so there is no fourth-year orchard in Syria. Similarly, Rebbi Yose ben Rebbi Jehudah said that they learned the rules of the fourth-year orchard only from Second Tithe, since you say that they did become obligated for the fourth-year orchard only after 14 years,, similarly there was no fourth-year orchard until after 14 years. Rebbi Yose said, he follows his son’s argument; Syria was inferred from “after 14 years;” “after 14 years” was not inferred from Syria.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma. In a Sabbatical, he redeems its full value. If all of it was abandoned, he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift. The removal was on the day before the first day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients, First Tithe to its recipients, tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed. He who had produce in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

MISHNAH: How does one redeem a fourth-year orchard? He puts a tetradrachma before three [experts] and asks, how much does a person redeem for himself for a tetradrachma when all expense is on him? Then he puts down the money and says, all that is collected under this is exchanged for this money; so and so many baskets per tetradrachma. In a Sabbatical, he redeems its full value. If all of it was abandoned, he has only the cost of harvesting. He who redeems a fourth-year orchard adds its fifth whether it was his or was given to him as a gift. The removal was on the day before the first day of Passover in the fourth and the seventh year [of the Sabbatical cycle.] What is the removal? One gives heave and heave of the tithe to its recipients, First Tithe to its recipients, tithe of the poor to its recipients. Second Tithe and First Fruits are removed on the spot. Rebbi Simeon says, first fruits one gives to the Cohanim like heave. A cooked dish the House of Shammai say one has to remove, but the House of Hillel say it is as if removed. He who had produce in this time and the year of removal came, the House of Shammai say he has to exchange it for money; the House of Hillel say, either money or produce.

“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.

Rebbi Yudan the Patriarch asked Rebbi Samuel bar Naḥman: What means that which is written, Prepare a way for the rider on clouds, His name YH, and jubilate before Him. He told him, there is no place which does not have one appointed over its life. And who is appointed over the lives of all? The Holy One, praise to Him. His name YH, His name: Βια. Rebbi Eleazar told him, your teacher was not explaining in this way, but {a parable} of a king who built a palace on a place of sewers, a place of dung heaps, a place which stinks. One who comes and says, this palace is at a place of sewers, a place of dung heaps, a place which stinks, does he not detract? So he detracts who says, originally the world was water in water. {A parable} of a king’s orchard and an observation deck built on it, to look at it but not to touch.

MISHNAH: Rebbi Eliezer ben Jacob says, one draws water from tree to tree, but he should not water the entire orchard. Produce which was not irrigated before the holiday he may not irrigate during the holiday. However, the Sages permit in both cases.

MISHNAH: One may catch the mole and rats from an orchard or a white field normally on the holiday or in the Sabbatical; Rebbi Jehudah says from an orchard normally but from a white field with a change. One mends a breach on the holiday; but in the Sabbatical he builds normally.

MISHNAH: One may catch the mole and rats from an orchard or a white field normally on the holiday or in the Sabbatical; Rebbi Jehudah says from an orchard normally but from a white field with a change. One mends a breach on the holiday; but in the Sabbatical he builds normally.

One understands a mole; a white field? But a white field next to an orchard.

MISHNAH: These orchard trees shall be qorbān if they are not cut, this garment be qorbān if it is not burned; these have redemption. These orchard trees shall be qorbān until they are cut, this garment be qorbān until it is burned; these have no redemption.

MISHNAH: These orchard trees shall be qorbān if they are not cut, this garment be qorbān if it is not burned; these have redemption. These orchard trees shall be qorbān until they are cut, this garment be qorbān until it is burned; these have no redemption.

HALAKHAH: “These orchard trees shall be qorbān,” etc. If he saw the king’s cutting crew coming near, if he saw fire coming near, and he said: These orchard trees shall be qorbān if they are not cut, this garment shall be qorbān if it is not burned or torn. Were they sanctified retroactively or only for the future? What is the difference? If he used them. If you say that they are sanctified retroactively, he committed larceny. If you say for the future, he did not commit larceny.

HALAKHAH: “These orchard trees shall be qorbān,” etc. If he saw the king’s cutting crew coming near, if he saw fire coming near, and he said: These orchard trees shall be qorbān if they are not cut, this garment shall be qorbān if it is not burned or torn. Were they sanctified retroactively or only for the future? What is the difference? If he used them. If you say that they are sanctified retroactively, he committed larceny. If you say for the future, he did not commit larceny.

The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.

The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.

The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.

The corpse of obligation acquired its place, four cubits even in a field of saffron, for on this condition did Joshua distribute the Land to Israel. When is this? If he found it in the field. But if he found it on the road, he buries it either to the right or to the left of the road. A fallow and a ploughed field, he buries it in the fallow field. A ploughed and a sown field, he buries it in the ploughed field. A vineyard and a sown field, he buries it in the sown field. A vineyard and an orchard, some Tannaïm state, he buries it in the vineyard; some Tannaïm state, he buries it in the orchard. He who says, he buries it in the vineyard but not in the orchard, because of a tent over the corpse. He who says, he buries it in the orchard but not in the vineyard because of the preparation of the grape harvest. If he switched, Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” If both were fallow, or ploughed, or sown, he buries in the one he chooses.

There, it was stated: “These orchard trees shall be qorbān if they are not cut, this garment shall be qorbān if it is not burned.” And it was burned. Were they sanctified retroactively? He committed larceny. If you say that it refers to the future, he did not commit larceny.

MISHNAH: One does not buy wool, or milk, or lambs from shepherds, nor wood or fruits from orchard watchmen; but one may buy linen garments from women in Galilee, and calves in the Sharon. In all cases it is forbidden if they told to hide. One buys eggs and chickens everywhere.

MISHNAH: One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

MISHNAH: One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

MISHNAH: One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

MISHNAH: One who contracts with another for a field, if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.

“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.

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.

HALAKHAH: “I am putting an oath on you,” etc. It was stated: Rebbi Yose the Galilean says, why does the verse say, and he is a witness, or saw, or knew, etc.? I said this only for testimony which may be accepted about knowing without seeing, or seeing without knowing. How is knowing without seeing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did you not confess before X and Y”? “They should testify and I shall pay.” This refers to knowing without seeing. They came and said, whether he confessed to him or whether he robbed him, we do not know. Whether he gave him a loan we do not know. How is seeing without knowing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did I not count them for you in a meeting with X and Y”? “They should testify and I shall pay.” This refers to seeing without knowing. They came and said, whether he counted for him or whether he robbed him, we do not know. Whether he took a loan from him, we do not know. “Give me the fine for my daughter which you owe me.” But he says, “I never in my life was found liable for a fine.” Witnesses testify that he was found liable for a fine, but we do not know whether the fine was for his daughter or the fine for another woman. “You raped or you seduced my daughter.” But he says, “I never in my life did rape or seduce a woman.” Witnesses testify that he raped a woman, but we do not know whether it was his daughter or another woman. “You killed my ox and cut down my orchard.” But he says, “I do not know.” He is liable. “You told me to kill and cut down,” one follows the majority of orchards. What means, one follows the majority of orchards? Rebbi Ḥaggai said, if his ox was goring, he would have told him; if the orchard was barren, he would have told him. Rebbi Yudan said, in matters of monetary claims, since he may tell him, you told me to kill and cut down, even if he told him “I did not kill, I did not cut down,” he is not liable.

HALAKHAH: “I am putting an oath on you,” etc. It was stated: Rebbi Yose the Galilean says, why does the verse say, and he is a witness, or saw, or knew, etc.? I said this only for testimony which may be accepted about knowing without seeing, or seeing without knowing. How is knowing without seeing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did you not confess before X and Y”? “They should testify and I shall pay.” This refers to knowing without seeing. They came and said, whether he confessed to him or whether he robbed him, we do not know. Whether he gave him a loan we do not know. How is seeing without knowing in monetary claims? “Give me my 200 zuz which you are holding.” “I do not have anything of yours.” “But did I not count them for you in a meeting with X and Y”? “They should testify and I shall pay.” This refers to seeing without knowing. They came and said, whether he counted for him or whether he robbed him, we do not know. Whether he took a loan from him, we do not know. “Give me the fine for my daughter which you owe me.” But he says, “I never in my life was found liable for a fine.” Witnesses testify that he was found liable for a fine, but we do not know whether the fine was for his daughter or the fine for another woman. “You raped or you seduced my daughter.” But he says, “I never in my life did rape or seduce a woman.” Witnesses testify that he raped a woman, but we do not know whether it was his daughter or another woman. “You killed my ox and cut down my orchard.” But he says, “I do not know.” He is liable. “You told me to kill and cut down,” one follows the majority of orchards. What means, one follows the majority of orchards? Rebbi Ḥaggai said, if his ox was goring, he would have told him; if the orchard was barren, he would have told him. Rebbi Yudan said, in matters of monetary claims, since he may tell him, you told me to kill and cut down, even if he told him “I did not kill, I did not cut down,” he is not liable.

What does "any sukkah whatsoever" come to include? It includes the sukkot [whose mnemonic is] rakbash, as our rabbis taught: Sukkot [whose mnemonic is] rakbash, The sukkah of shepherds, the sukkah of figwatchers the sukkah of city guards, and the sukkah of orchard-watcher, and any sukkah whatsoever is valid, provided that it is covered according to the rule.