ownerless

They may give peah at either at the beginning of the [reaping of the] field or at the middle of it. Rabbi Shimon says: as long as he gives at the end according to the set amount. Rabbi Judah says: if he leaves one stalk, he can rely on this as [fulfilling the law of] peah; and if he did not, then he only gives as ownerless property.

He may always give peah and be exempt from giving tithes until he makes a stack. One who gives [to the poor] as ownerless [produce] and be exempt from giving tithes until he makes a stack. He may feed cattle, wild animals and birds and be exempt from giving tithes until he makes a stack. He may take from the threshing floor and use it as seed and be exempt from giving tithes until he makes a stack, the words of Rabbi Akiva. A priest or Levite who purchase [grain of] a threshing floor, the tithes are theirs unless [the owner] has already made a stack. One who dedicated [his crop] and redeems it [afterwards] is obligated to give tithes until the Temple treasurer has made a stack.

One who collected peah and said, “This is for so-and-so a poor man:” Rabbi Eliezer says: he has thus acquired it for him. The sages say: he must give it to the first poor man he finds. Gleanings, the forgotten sheaf and the peah of non-Jews are subject to tithes, unless he [the non-Jew] had declared them ownerless.

Bet Shammai says: [That which is] made ownerless only in regard to the poor is indeed ownerless. But Bet Hillel says: it is not ownerless unless ownership is renounced even for the rich, as in the case of the sabbatical year. [If] all of the sheaves in a field are a kav each, and one is four kavs and that one is forgotten: Bet Shammai says: it is not considered forgotten. But Bet Hillel says: it is considered forgotten.

Bet Shammai says: [That which is] made ownerless only in regard to the poor is indeed ownerless. But Bet Hillel says: it is not ownerless unless ownership is renounced even for the rich, as in the case of the sabbatical year. [If] all of the sheaves in a field are a kav each, and one is four kavs and that one is forgotten: Bet Shammai says: it is not considered forgotten. But Bet Hillel says: it is considered forgotten.

Bet Shammai says: [That which is] made ownerless only in regard to the poor is indeed ownerless. But Bet Hillel says: it is not ownerless unless ownership is renounced even for the rich, as in the case of the sabbatical year. [If] all of the sheaves in a field are a kav each, and one is four kavs and that one is forgotten: Bet Shammai says: it is not considered forgotten. But Bet Hillel says: it is considered forgotten.

The potter may sell five oil-jars and fifteen wine-jars, for this is the usual amount one collects from ownerless produce. But if he brought more, it is still permitted. He may also sell [more jars] to Gentiles in the land of Israel and to Jews outside of the land.

One may eat by virtue of similar produce regarded as ownerless [still found in the fields], but not when it was stored [and declared ownerless]. Rabbi Yose permits even when it was stored [and then declared ownerless]. One may continue to eat by virtue of the poor grains [that grow between the grass], or by virtue of the trees that yield bi-annually, but one must not eat by virtue of winter-grapes. Rabbi Judah permits provided they began to ripen before the summer [of the seventh year] had ended.

One may eat by virtue of similar produce regarded as ownerless [still found in the fields], but not when it was stored [and declared ownerless]. Rabbi Yose permits even when it was stored [and then declared ownerless]. One may continue to eat by virtue of the poor grains [that grow between the grass], or by virtue of the trees that yield bi-annually, but one must not eat by virtue of winter-grapes. Rabbi Judah permits provided they began to ripen before the summer [of the seventh year] had ended.

One may eat by virtue of similar produce regarded as ownerless [still found in the fields], but not when it was stored [and declared ownerless]. Rabbi Yose permits even when it was stored [and then declared ownerless]. One may continue to eat by virtue of the poor grains [that grow between the grass], or by virtue of the trees that yield bi-annually, but one must not eat by virtue of winter-grapes. Rabbi Judah permits provided they began to ripen before the summer [of the seventh year] had ended.

They do not take terumah from ‘gleanings’, from ‘the forgotten sheaf’, from peah or from ownerless produce. [Neither is it taken] from first tithe from which terumah had already been taken, nor from second tithe and dedicated produce that had been redeemed. [Nor is it taken] from that which is subject [to terumah] for that which is exempt [from terumah], nor from that which is exempt for that which is subject. Nor from produce already plucked [from the soil] for that attached to it, nor from that attached [to the soil] for that already plucked. Nor from new produce for old, nor from old for new. Nor from produce from the land of Israel for produce grown outside the land, nor from that grown out of the land for that grown in the land. [In all these cases] if they did take terumah, their terumah is not terumah.

They may not make repayment from gleanings, from forgotten sheaf, from peah or ownerless property. Nor from first tithe from which terumah has been taken, nor from second tithe or dedicated produce which have been redeemed, because one dedicated thing (kadosh) cannot be used to redeem another dedicated thing (kadosh), the words of Rabbi Meir. But the sages permit [payment] with these.

But in the seventh year he must redeem it for its full value. If [in other years] it had all been made ownerless property, the person [who redeems it] can only claim the cost of picking it. One who redeems his own plant in its fourth year, he must add a fifth of its value, whether the fruit was his own or was given him as a gift.

The following are subject to hallah, but exempt from tithes: gleanings, from the forgotten sheaf, from peah or from ownerless produce and the first tithe from which terumah has been removed, second tithe and consecrated [produce] which has been redeemed, and that which remains over from the omer, and grain which has not grown one-third [ripe]. Rabbi Eliezer says: grain which has not grown one-third [ripe] is exempt [also] from hallah.

Rabbi Judah said: at first they used to uproot [the kilayim], and throw them down before them. [But] when transgressors increased in number, they used to uproot them and throw them on the roads. [Finally], they decreed that they should make the whole field ownerless.

Beth Shammai says: Only those who are betrothed may exercise the right of refusal; But Beth hillel says: Both those who are betrothed and those who are married. Beth Shammai says: [A declaration of refusal may be made] against a husband but not against a yavam; But Beth Hillel says: Either against a husband or against a yavam. Beth Shammai says: [The declaration] must be made in his presence, But Beth Hillel says: Either in his presence or not in his presence. Beth Shammai says: [The declaration must be made] before the court, But Beth Hillel says: Either before the court or not before the court. Beth Hillel said to Beth Shammai: [A girl] may exercise the right of refusal while she is a minor even four or five times. Beth Shammai said to them: “The daughters of Israel are not ownerless property! Rather, either she makes a declaration of refusal and then waits until she is of age, or she makes a declaration of refusal and marries again [immediately].

Beth Shammai says: [produce pronounced] ownerless with respect to the poor [only] is counted as ownerless. But Beth Hillel says: it is not counted as ownerless unless it is made ownerless also with respect to the rich, as in the year of release (shmittah). If all the sheaves of the field were of one kav each and one was of four kavs, and it was forgotten, Beth Shammai says: it does not count as forgotten, And Beth Hillel says: it counts as forgotten.

Beth Shammai says: [produce pronounced] ownerless with respect to the poor [only] is counted as ownerless. But Beth Hillel says: it is not counted as ownerless unless it is made ownerless also with respect to the rich, as in the year of release (shmittah). If all the sheaves of the field were of one kav each and one was of four kavs, and it was forgotten, Beth Shammai says: it does not count as forgotten, And Beth Hillel says: it counts as forgotten.

Beth Shammai says: [produce pronounced] ownerless with respect to the poor [only] is counted as ownerless. But Beth Hillel says: it is not counted as ownerless unless it is made ownerless also with respect to the rich, as in the year of release (shmittah). If all the sheaves of the field were of one kav each and one was of four kavs, and it was forgotten, Beth Shammai says: it does not count as forgotten, And Beth Hillel says: it counts as forgotten.

Beth Shammai says: [produce pronounced] ownerless with respect to the poor [only] is counted as ownerless. But Beth Hillel says: it is not counted as ownerless unless it is made ownerless also with respect to the rich, as in the year of release (shmittah). If all the sheaves of the field were of one kav each and one was of four kavs, and it was forgotten, Beth Shammai says: it does not count as forgotten, And Beth Hillel says: it counts as forgotten.

Our Mishnah is from the House of Shammai, since the House of Shammai say (Mishnah 6:1): “Property abandoned to the poor is ownerless property.”

Rebbi Jacob bar Abun in the name of Rebbi Ḥanina: Rebbi Yose said only because of ownerless property. Rebbi Abun bar Ḥiyya asked before Rebbi Mana: Is abandoned property obligated for peah? He said to them: When he reacquired them one by one. But did we not state: Even though one with a large harvest will not store the mother-onions, one with only a small harvest will. Hence, the reason is only that he collects them for storing.

MISHNAH: These are the implements which the professional may not sell during the Sabbatical: A plough and all its implements, a yoke, a winnowing fork and an axe. But he may sell a hand sickle, a grain sickle, a carriage and all its implements. This is the principle: Everything that is used only for its work is forbidden; [if it is usable] for both forbidden and permitted [work] it is permitted. The seller may sell five oil amphoras and fifteen wine amphoras because so much one brings from ownerless property. If he brought more than that amount, it is permitted. He may sell to Gentiles in the Land and to Jews outside of the Land. The House of Shammai say, one may not sell to him a ploughing cow during the Sabbatical but the House of Hillel permit it because he might slaughter it. One may sell him produce even during the sowing season and lend him one's measuring device even though one knows that he has workers, and one may exchange coins for him even though one knows that he has workers. In all cases it is forbidden if specified.

“ ‘You’ excludes one who gives heave from what is not his.” What is the interpretation, one who gives heave from what is not his own, or one who gives heave from what is somebody else’s? Let us hear the following: If he declared his heap as ownerless and then smoothed it and took possession again, if you refer to one who gives heave from what is not his own, his heave is not heave, if you refer to one who gives heave from what is somebody else’s, his heave is heave. Let us hear from the following: “If he stole Temple heave and ate it, he pays two fifths and the principal because there is no double payment for Temple property.” Who gave the heave if not the administrator? Is he not giving heave from what is not his? And you say his heave is heave! The reason must be that he does not give heave from another person’s property. Or should we say, who gave the heave if not a Levite who dedicated his heave? But did not Rebbi Hoshaia state that there is no difference between him who dedicated his ṭevel and him who dedicated his heave? Rebbi Idi said, the administrator is like the owner. This does not follow Rebbi Yose, since Rebbi Yose said the administrator is like any other person.

MISHNAH: One may not give heave from gleanings, abandoned sheaves, peah, and ownerless property; not from First Tithe of which its heave was taken; not from Second Tithe and dedicated produce which were redeemed; not from what is obligated on what is free from obligation or from what is free on what is obligated; not from harvested produce for what is standing or from what is standing for what was harvested; not from new produce for old or from old for new; not from produce of the Land for that of foreign countries or from foreign countries for produce of the Land. If heave was given, it is not heave.

HALAKHAH: Rebbi Joḥanan in the name of Rebbi Yannai: This is one of three well-explained verses in the Torah (Deut. 14:27): “The Levite shall come, for he has neither part nor inheritance with you.” You must give him from what you have while he has not. This excludes ownerless property where your and his hands are equal.

Gleanings, forgotten sheaves, peah, and ownerless property all have the same rule. Did one not already state everything? Thus you have to understand the Mishnah: [One may] not [give] from produce one third ripe for produce not yet one third ripe, and when he gave heave, it is not heave. For Ḥizqiah it is a point of contention, for Rebbi Joḥanan it is everybody’s opinion.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rav Ḥisda said, if somebody declared his standing grain ownerless, came back and retook possession, and illegally gave heave, that is heave. What is the difference between standing grain and ears of grain? Standing grain, if he illegally gave heave before he declared it ownerless, that is not heave. Ears, if he illegally gave heave before he declared them ownerless, that is heave. Rav Ḥinena in the name of Rav Ḥisda, the same applies to a dedicated crop. The words of the rabbis disagree, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal. Rebbi Joḥanan said, the company did ask: But dedications, where your and his hands are not equal, are treated as if your and his hands were equal. Said Rebbi Ila, what are we talking about? If the heap was made when it was ownerless or dedicated, the Torah said (Deut. 18:4) “the first of your grain”, not the ownerless, “the first of your grain”, not Temple property. But we must be talking about ears that he declared ownerless and of which he retook possession. If they were ownerless, he would be free, if dedicated, he would be obligated. If they were ownerless, he would be free, since Rebbi Joḥanan said in the name of Rebbi Yannai: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obligated to give him from what you have but he has not. This excludes gleanings for which your and his hands are equal. If dedicated, he would be obligated, from the following: “If somebody dedicated standing produce and redeemed it standing, it is obligated.” What is the difference between ownerless and dedicated? Ownerless [property] is outside the power of everybody, dedicated [property] is not outside the power of the Temple treasurer. Rebbi Abin said, it did not even go outside the power of its owners since he must say to him you redeem first.

Rebbi Zeїra, Rebbi Yasa in the name of Rebbi Eleazar: If somebody sowed an ownerless field, the crop is subject to tithes. Rebbi Jonah offers the language: Because he acquired the ownerless field and its growth.

Rebbi Zeїra, Rebbi Yasa in the name of Rebbi Eleazar: If somebody sowed an ownerless field, the crop is subject to tithes. Rebbi Jonah offers the language: Because he acquired the ownerless field and its growth.

Rebbi Joḥanan in the name of Rebbi Yannai: This is one of three well-explained verses in the Torah (Deut. 14:27): “The Levite shall come, for he has neither part nor inheritance with you.” You must give him from what you have but he has not. This excludes ownerless property where your and his hands are equal. There is no difference between gleanings, forgotten sheaves, peah, and abandoned property.

HALAKHAH: If a tree why a vegetable, if a vegetable, why a tree? There, they say that if it grows from the sixth [year] into the Sabbatical [year] it belongs to the owners as if from a tree and is free from tithes as if a vegetable. Rav Hamnuna told them, look at the following [year]! If it grows from the Sabbatical to the eighth year, it should be ownerless as if from a tree and subject to tithes as if a vegetable. Is anything ownerless subject to tithes?

HALAKHAH: If a tree why a vegetable, if a vegetable, why a tree? There, they say that if it grows from the sixth [year] into the Sabbatical [year] it belongs to the owners as if from a tree and is free from tithes as if a vegetable. Rav Hamnuna told them, look at the following [year]! If it grows from the Sabbatical to the eighth year, it should be ownerless as if from a tree and subject to tithes as if a vegetable. Is anything ownerless subject to tithes?

Rebbi Bun bar Ḥiyya said before Rebbi Zeˋira: This implies that one is permitted to feed it to ownerless animals. Rebbi Jeremiah objected, did we not state “he crumbles it”? Rebbi Jeremiah was of the opinion, loaf sized. Rebbi Yose said to him, it only mentioned “he crumbles it”, that when he crumbled it it was nullified. But the following says it, leavend matter may not be eaten today, even by the dogs. This includes to forbid it for usufruct. Where do we hold? If for his own dog, the prohibition of usufruct had been stated. But we must hold for the dog [of others]. This implies that one is prohibited from feeding it to ownerless animals.

Rebbi Bun bar Ḥiyya said before Rebbi Zeˋira: This implies that one is permitted to feed it to ownerless animals. Rebbi Jeremiah objected, did we not state “he crumbles it”? Rebbi Jeremiah was of the opinion, loaf sized. Rebbi Yose said to him, it only mentioned “he crumbles it”, that when he crumbled it it was nullified. But the following says it, leavend matter may not be eaten today, even by the dogs. This includes to forbid it for usufruct. Where do we hold? If for his own dog, the prohibition of usufruct had been stated. But we must hold for the dog [of others]. This implies that one is prohibited from feeding it to ownerless animals.

If he declared his leavened matter ownerless on the thirteenth; what is its status after Passover? Rebbi Joḥanan said, it is forbidden; Rebbi Simeon ben Laqish said, it is permitted. Rebbi Joḥanan objected to Rebbi Simeon ben Laqish. Do you not agree with me that it is forbidden after noontime? He answered, there its prohibition caused it; here what can you say? Rebbi Yose said to Rebbi Phineas, do you remember that we said, Rebbi Joḥanan follows Rebbi Yose, and Rebbi Simeon ben Laqish Rebbi Meïr? It is not so. Only Rebbi Joḥanan is concerned about cunning, but Rebbi Simeon ben Laqish is not concerned about cunning. What is the difference? If debris fell on it. He who says cunning, there is no cunning and it is permitted. He who said acquisition, there is no acquisition and it is prohibited. Everybody agrees about a proselyte who died and the Jews plundered his property. For him who says cunning, it is permitted, and for him who says acquisition, it is permitted.

In Rebbi Eliezer’s opinion, should he not give it its name and then take it down? It will be forbidden to move it. Then should he not take it down and then give it its name? Maybe he would forget and eat it. Should he not take it down, then give it its name, and with another piece put it in an isolated corner, following what we did state there, “one may move impure heave together with pure one or with profane food”? It cannot be compared; there impure for the needs of pure, but here profane for the needs of impure. The colleagues asked, could he not throw it onto the garbage heap and then dedicate it? May a person dedicate what is not his? Then could he not dedicate it and throw it on the garbage heap? Can a person declare ownerless something that is not his?

MISHNAH: Rebbi Jehudah says, originally they were uprooting and throwing down. When the number of transgressors rose, they were uprooting and throwing on the roadways; they instituted that they were declaring the entire field as ownerless.

HALAKHAH: “Rebbi Jehudah said.” It was stated: Rebbi Jehudah said, originally they were uprooting and throwing down before them; they were twice happy, first that they weeded their fields and second that they could use (the robbery) [the kilaim ]. When the number of transgressors rose, they were throwing it on the roadways, and still they were happy that they weeded their fields. They instituted that they were declaring the entire field as ownerless.

From where that a declaration of forfeiture by a court makes it ownerless? It is written: Anybody who will not come within three days conforming to the decree of the rulers and the elders, all his property shall be devoted to destruction and he shall be separated from the community of the Diaspora. From where that it is free from tithes? Rebbi Jonathan, the son of Rebbi Isaac bar Aḥa understood it from the following: “One intercalates years neither in the Sabbatical year, nor in the year following the Sabbatical; but if they did intercalate it is intercalated.” The one month he adds, is it not free from tithes? That refers to the Sabbatical year. What about the year after the Sabbatical? Rebbi Abun said, not to prolong the prohibition of new grain. Rebbi Ze`ira in the name of Rebbi Abbahu: That is only before Rebbi permitted the importation of vegetables from outside the Land. But after Rebbi permitted the importation of vegetables from outside the Land, the Sabbatical year is as any other year.

HALAKHAH: Rebbi Jacob the Southerner asked, does the Mishnah contradict Rebbi Dosa? For “Rebbi Dosa said, in the morning a person has to say, everything which the poor will collect today between the sheaves is ownerless property. Rebbi Jehudah says, in the evening. But the Sages say, a declaration of abandonment under duress is not an abandonment, because we are not responsible for cheaters.” There you are saying, a declaration of abandonment under duress is not an abandonment, but here you are saying, a declaration of abandonment under duress is abandonment. Rebbi Eleazar said, there he declares ownerless by his own will, here he declares ownerless against his own will. Rebbi Ḥananiah the son of Rebbi Hillel said, this is correct. You have to know that this is so since already his replacement is in his hand.

HALAKHAH: Rebbi Jacob the Southerner asked, does the Mishnah contradict Rebbi Dosa? For “Rebbi Dosa said, in the morning a person has to say, everything which the poor will collect today between the sheaves is ownerless property. Rebbi Jehudah says, in the evening. But the Sages say, a declaration of abandonment under duress is not an abandonment, because we are not responsible for cheaters.” There you are saying, a declaration of abandonment under duress is not an abandonment, but here you are saying, a declaration of abandonment under duress is abandonment. Rebbi Eleazar said, there he declares ownerless by his own will, here he declares ownerless against his own will. Rebbi Ḥananiah the son of Rebbi Hillel said, this is correct. You have to know that this is so since already his replacement is in his hand.

HALAKHAH: Rebbi Jacob the Southerner asked, does the Mishnah contradict Rebbi Dosa? For “Rebbi Dosa said, in the morning a person has to say, everything which the poor will collect today between the sheaves is ownerless property. Rebbi Jehudah says, in the evening. But the Sages say, a declaration of abandonment under duress is not an abandonment, because we are not responsible for cheaters.” There you are saying, a declaration of abandonment under duress is not an abandonment, but here you are saying, a declaration of abandonment under duress is abandonment. Rebbi Eleazar said, there he declares ownerless by his own will, here he declares ownerless against his own will. Rebbi Ḥananiah the son of Rebbi Hillel said, this is correct. You have to know that this is so since already his replacement is in his hand.

MISHNAH: If they were walking on the road and he had nothing to eat, the other gives something to a third person as a gift, and this one is permitted it. If nobody is with them, he puts it on a rock or a fence and says, this is ownerless for everyone to take and this one can come and eat, but Rebbi Yose forbids.

Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

“By money.” Rebbi Jeremiah said, from another person to his master, therefore not from his master to another person. Rebbi Ze‘ira said, even from his master to another person. What brings this? From his master to himself. Rebbi Jeremiah asked before Rebbi Ze‘ira: “Here you have money that your field shall be unencumbered.” He answered, it is unencumbered. “That it be ownerless”? He answered, it is not ownerless. What is the difference between the cases? Here he advantaged a thinking person, there he did not advantage any thinking person. Think of it, if he was deaf-mute? He said to him, “a man.” Think of it, if he was underage? He said to him, one usually grows up. Rebbi Jonah said, Rebbi Ze‘ira follows Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr: Even with a contract through others, not by himself. Does not his master deliver a document to others that his slave regain his freedom? Here also, his master gives money to others that his field become ownerless.

New paragraph. “Properties of people of the Covenant,” excluding cattle of a Jew which gored cattle of a Gentile. “Private property,” excluding ownerless property. “Except for property belonging solely to the person responsible for the damage” who cannot be sued. “But [the rules] apply to property common to the person suffering the damage and the person responsible for the damage.” Rebbi Jeremiah said, if it were stated “except for property belonging solely to the person responsible for the damage” and had stopped, I would have said that [responsibility applies] both to a common courtyard and to a courtyard belonging to neither party. Why did it state: “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? [To indicate] that it applies to the unpaid trustee, the borrower, the paid trustee, and the renter. Rebbi Yose said, since it stated “except for property belonging solely to the person responsible for the damage”, would we not know that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? Why was it stated that “[the rules] apply to property common to the person suffering the damage and the person responsible for the damage”? To exclude a courtyard belonging to neither of them. Some Tannaїm state: A condominium courtyard is obligated, a courtyard belonging to neither of them is free. Some Tannaїm state: Even a courtyard belonging to neither of them is obligated. He who says, a condominium courtyard is obligated, a courtyard belonging to neither of them is free, for it is written: “the best of his fields.” But he who says, even a courtyard belonging to neither of them is obligated, for it is written: “It ravages another person’s field.”

HALAKHAH: “If his jar was broken in the public domain,” etc. Rebbi Eleazar said, they disagree at the moment of the accident. But after the accident everybody agrees that he must pay. Rebbi Joḥanan said, the disagreement is both at the moment of the accident and afterwards. Rebbi Joḥanan objected to Rebbi Eleazar: If he does not have to pay at the moment of the accident, is it not an inference de minore ad majus afterwards? Why should he be free at the moment of the accident? For a person declares his damaged property in the public domain as ownerless. A baraita supports both of them, as it was stated: “The Sages agree with Rebbi Jehudah that somebody who puts down his stone or his load in the public domain does not have to pay if another person stumbled over it, for on this condition did Joshua distribute the Land.” Therefore, if Joshua had not distributed the Land on this condition, he would have to pay. In the opinion of Rebbi Joḥanan, if he intended use of the potsherds. In the opinion of Rebbi Eleazar, if he intended to cause damage. Rebbi Ze‘ira and Rebbi La both say that Rebbi Jehudah agrees with the Sages that one has to pay if he declares his bull who gored in the public domain ownerless. Stationary damage cannot be compared to walking damage.

HALAKHAH: “If his jar was broken in the public domain,” etc. Rebbi Eleazar said, they disagree at the moment of the accident. But after the accident everybody agrees that he must pay. Rebbi Joḥanan said, the disagreement is both at the moment of the accident and afterwards. Rebbi Joḥanan objected to Rebbi Eleazar: If he does not have to pay at the moment of the accident, is it not an inference de minore ad majus afterwards? Why should he be free at the moment of the accident? For a person declares his damaged property in the public domain as ownerless. A baraita supports both of them, as it was stated: “The Sages agree with Rebbi Jehudah that somebody who puts down his stone or his load in the public domain does not have to pay if another person stumbled over it, for on this condition did Joshua distribute the Land.” Therefore, if Joshua had not distributed the Land on this condition, he would have to pay. In the opinion of Rebbi Joḥanan, if he intended use of the potsherds. In the opinion of Rebbi Eleazar, if he intended to cause damage. Rebbi Ze‘ira and Rebbi La both say that Rebbi Jehudah agrees with the Sages that one has to pay if he declares his bull who gored in the public domain ownerless. Stationary damage cannot be compared to walking damage.

HALAKHAH: “He who sets a fire,” etc. Ḥizqiah said, if he handed him a glowing coal. But if he handed him an open flame he is liable. Rebbi Joḥanan said, coal and flame are the same. It is difficult according to Ḥizqiah, for if somebody saw another person’s glowing coal rolling by and did not extinguish it, is he not free from liability? They said, explain it if he handed him an ownerless glowing coal, or also an ownerless flame, and one cannot infer anything.

HALAKHAH: “He who sets a fire,” etc. Ḥizqiah said, if he handed him a glowing coal. But if he handed him an open flame he is liable. Rebbi Joḥanan said, coal and flame are the same. It is difficult according to Ḥizqiah, for if somebody saw another person’s glowing coal rolling by and did not extinguish it, is he not free from liability? They said, explain it if he handed him an ownerless glowing coal, or also an ownerless flame, and one cannot infer anything.

If it was demai. What is the reason of Beth Hillel? Because, if he wishes, he may declare his property to be ownerless and thereby become a poor person and he could benefit [from demai]-- now also we apply to it the expression "of yours." For we have learned: Poor men and quartered troops may be fed with demai.

This however, applies only where one buys from what is ownerless but if one buys from protected produce it is forbidden [to buy] even for as little as half an issar.

R. Sheshet objected: And [if one buys] from what is ownerless, [may he buy] three meals and no more? But there is a contradiction: Rue, asparagus, fenugreek, coriander of the mountains, water-parsley and meadow-eruca are always exempt from tithe and may be bought from anyone in the Sabbatical Year, since the like of these is not guarded.