sharecroppers

He said, "A [creditor] owned a vineyard. He leased it out to some sharecroppers to work it so he could collect its fruit. "He sent his servant so that the sharecroppers could give him the fruit of the vineyard. They seized his servant, beat him, and nearly killed him. "The servant went back and told his master. His master said, 'Maybe he just didn't know them.' He sent another servant, but the tenants beat that one too. "Then the master sent his son, thinking, 'Maybe they'll show some respect to my son.' "Because they knew that he was the heir of the vineyard, the sharecroppers seized and killed him. Anyone who has ears to hear should hear!"

He said, "A [creditor] owned a vineyard. He leased it out to some sharecroppers to work it so he could collect its fruit. "He sent his servant so that the sharecroppers could give him the fruit of the vineyard. They seized his servant, beat him, and nearly killed him. "The servant went back and told his master. His master said, 'Maybe he just didn't know them.' He sent another servant, but the tenants beat that one too. "Then the master sent his son, thinking, 'Maybe they'll show some respect to my son.' "Because they knew that he was the heir of the vineyard, the sharecroppers seized and killed him. Anyone who has ears to hear should hear!"

He said, "A [creditor] owned a vineyard. He leased it out to some sharecroppers to work it so he could collect its fruit. "He sent his servant so that the sharecroppers could give him the fruit of the vineyard. They seized his servant, beat him, and nearly killed him. "The servant went back and told his master. His master said, 'Maybe he just didn't know them.' He sent another servant, but the tenants beat that one too. "Then the master sent his son, thinking, 'Maybe they'll show some respect to my son.' "Because they knew that he was the heir of the vineyard, the sharecroppers seized and killed him. Anyone who has ears to hear should hear!"

One who exchanges with the poor, [what they give in exchange] for his is exempt [from tithes] but what [he gives in exchange] for that of the poor is subject [to tithes]. Two who received a field as sharecroppers, this one may give to the other his share of the poor man’s tithe and this one may give to the other his share of the poor man’s tithe. One who receives a field in order to harvest it, he is forbidden to take gleanings, the forgotten sheaf, peah or the poor man’s tithe. Rabbi Judah said: When is this so? When he receives it [in order to pay the owner] a half, third or quarter [of the crop]. But [if the owner] had said to him: “A third of that which you harvest belongs to you,” then he may take gleanings, the forgotten sheaf and peah, but not the poor man’s tithe.

For what reason may he not bring them? Because it is said, “The first-fruits of your land” (Exodus 23:19) until all of their growth is on your land. Sharecroppers, leasers, or occupiers of confiscated property (sikarikon), or a robber does not bring them for the same reason, because it says, “The first-fruits of your land.”

One who bought three trees in another’s field, he brings [bikkurim] and recites. Rabbi Meir says: even [if he bought] only two. If he bought one tree with its land, he brings [bikkurim] and recites. Rabbi Judah says: even sharecroppers and leasers bring and recite.

There are [laws] which apply to terumah and maaser [sheni] but not to bikkurim: Terumah and the [second] tithe render forbidden [the contents of] the threshing-floor; They have a set amount. They apply to all produce; Both during and after Temple times; [And they apply to to produce grown] by sharecroppers, leasers, or occupiers of confiscated property (sikarikon), or a robber. These are [the laws] which apply to terumah and maaser [sheni], but not to bikkurim.

An act of possession without which there is no claim [on the ownership of the property] is not valid possession [to establish ownership]. How is this so? If he said to him: “What are you doing on my property? And the other answered: “No one ever said anything to me”, this is not valid possession [to establish ownership]. [If he said to him]: “You sold it to me”, “You gave it to me as a gift”, “Your father sold it to me”, “Your father gave it to me as a gift”, this is valid possession [to establish ownership]. He who holds possession [for three years] due to inheritance [from the previous owner], does not need to make a claim. Craftsmen, partners, sharecroppers and guardians cannot establish ownership through possession. A man cannot establish ownership through possession of his wife’s property, nor may a wife establish ownership through possession of her husband’s property, nor a father of his son’s property, nor a son of his father’s property. When is this so [that one needs three years to establish ownership]? When the person attempts to acquire the land through possession. But, when the property was given as a gift, or when brothers shared a piece of their inheritance, or when one claimed title by possession to the property of a convert [who died without inheritors], then if the claimant has shut in, walled up or broken down anything, this counts as securing ownership through possession.

MISHNAH: If he switches with the poor, what he receives is exempt but what the poor get is obligated. If two persons received a field as sharecroppers, one gives his part and his tithes of the poor to the other one, and vice-versa. He who receives a field to harvest is barred from its gleanings, forgotten sheaves, and peah. Rebbi Jehudah said, when is this so? When he received it for one-half, one third, or one quarter; but if he told him, one third of what you will harvest will be yours, he may take gleanings, forgotten sheaves, and peah but not the tithes of the poor.

MISHNAH: A Cohen or a Levite who received a field (as sharecroppers) share in the tithe in the same proportion as they share in a profane yield. Rebbi Eliezer says, the tithe is theirs because they came because of it.

HALAKHAH: Rebbi Jehudah treats olives like fields but the rabbis do not treat olives like fields. Now it seems that Rebbi Judah is thinking like Rebbi Eliezer, as Rebbi Eliezer says, “the tithe is theirs because they came because of it.” So here, if a Cohen or a Levite received a field (as sharecroppers), the tithes are theirs because they came because of them.

MISHNAH: If two people received a field as sharecroppers or inherited it or bought it as partners, one can say to his partner, take your wheat on this side and I shall take on that side, take your wine from this side and I shall take from the other side. But he should not say to him, take the wheat and I shall take the barley, take the wine and I shall take the oil. If a ḥaver and an am haäreẓ inherited from their am haäreẓ father, the ḥaver may say, take your wheat on this side and I shall take on that side, take wine from this side and I shall take from the other side. But he should not say to him, take wheat and I shall take barley, take the moist produce and I shall take the dry.

Rav said, only if both lender and borrower have real estate. But Rebbi Joḥanan says, if the creditor does but not the borrower, or the borrower but not the lender. If he has no real estate but one who owes him has real estate then one writes him a prozbol. Rebbi Abba in the name of Rav: Even if he has only one stalk in a field, one writes him a prozbol. But did we not state: Partners, sharecroppers, and guardians have no prozbol? They say, there each single stalk is property of the partnership but here it is his.

Rebbi Abun said, Rabban Simeon ben Gamliel goes with the argument of his ancestor Rabban Gamliel. As we stated there: “Jews who were sharecroppers for Gentiles in Syria, Rebbi Eliezer obligates their produce for tithes and the Sabbatical but Rabban Gamliel frees.”

MISHNAH: Jews were sharecroppers for Gentiles in Syria; Rebbi Eliezer obligates their produce for tithes and the Sabbatical but Rabban Gamliel exempts them. Rabban Gamliel says there are two ḥallot in Syria but Rebbi Eliezer says one ḥallah. They took the leniency of Rabban Gamliel and the leniency of Rebbi Eliezer but then returned to follow Rabban Gamliel in both cases. Rabban Gamliel says: There are three domains for ḥallah. The Land of Israel up to Akhzib, one ḥallah. From Akhzib to the Euphrates or Amanus, two ḥallot, one for the fire and one for the Cohen. The one for the fire has a measure, the one for the Cohen has no measure. From Euphrates or Amanus inside, two ḥallot, one for the fire and one for the Cohen. The one for the fire has no measure, the one for the Cohen has a measure but a ṭevul yom may eat it. Rebbi Yose says one does not need immersion. But it is forbidden to people suffering from genital flux, and to women during menstruation or after childbirth. It may be eaten at one table with a layman and may be given to any Cohen. The following may be given to any Cohen: ḥērem-dedications, firstlings, the redemption money for a [firstborn] son, the redemption value of a firstling donkey, foreleg, jawbone, and first stomach, the first shearing, oil to burn, Temple sacrifices, and First Fruits. Rebbi Jehudah forbids First Fruits. Heave vetch Rebbi Aqiba permits but the Sages forbid.

MISHNAH: Why can he not bring? Because it was said (Deut. 26:2): “You shall bring the beginning of the First Fruits of your land,” that all the growth should be from your land. For the same reason sharecroppers, tenant farmers, sicarii, and robbers cannot bring, since it is said: “The beginning of the First Fruits of your land.”

MISHNAH: He who buys three trees in another’s property, brings, and makes the declaration; Rebbi Meїr says even for two. He who buys a tree and its ground brings and makes the declaration. Rebbi Jehudah says, even sharecroppers and tenant farmers bring and read.

Rebbi Zeïra, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: The Mishnah speaks of hereditary tenant farmers. Rebbi Hila, Rebbi Assi, in the name of Rebbi Joḥanan: The Mishnah speaks of owners of sharecropping or tenant farming rights. They wanted to say, he who says the Mishnah speaks of owners of sharecropping or tenant farming rights, therefore not about simple sharecroppers or tenants. About a temporary sharecropper or tenant farmer; therefore a permanent sharecropper or tenant farmer might bring. Rebbi Abba, Rebbi Ḥiyya came in the name of Rebbi Joḥanan: Even a permanent sharecropper or tenant farmer cannot bring. Why? The Mishnah speaks of owners of sharecropping or tenant farming rights.

MISHNAH: Some rules apply to heave and tithe but not to First Fruits since heave and tithe forbid on the threshing floor, they have a fixed measure, apply to all produce, are due whether the Temple exists or not, and apply to sharecroppers, tenant farmers, sicarii, and robbers. They apply to heave and tithe but not to First Fruits. Some rules apply to First Fruits but not to heave and tithe. For First Fruits acquire [hallowed status] when connected to the ground, a person may dedicate his entire field as First Fruits, he is responsible for them, and they need a sacrifice, song, weaving, and staying overnight. Heave of the tithe is similar to First Fruits in two ways and to heave in two ways. It may be taken from pure for impure and from produce not earmarked, like First Fruits. It forbids the threshing floor and it has a measure like heave.

HALAKHAH: “One does not write documents for sharecroppers or contractorship on the holiday. The appraiser appraises normally on condition that he neither measure nor weigh nor count.” “But one accepts contractorship on the holiday on condition that it be executed after the holiday; one does not accept contractorship on the holiday on condition that it be executed on the holiday. The appraiser appraises normally on condition that he neither measure not weigh nor count.”

If he has nothing to eat, he cannot work on the first and second days. On the third day he works in privacy; but they said, a curse should come over his neighbors who forced him to this. Bar Qappara said, also on the third day he should not work anything. Bar Qappara follows his own opinion, since bar Qappara said the force of mourning is only up to three days. Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: For three days the soul hovers over the body, thinking that she will return to it. When she sees that the looks of his face change, she abandons it and leaves. After three days the belly breaks open in front of his face and says to it, here [you have] what you robbed, and you wronged, and put into me. Rebbi Ḥaggai in the name of Rebbi Joshia brought it from here: I shall scatter excrement on your faces, even excrement of your holidays. At that moment, but his body will hurt him and his soul mourn for him. His sharecroppers, and his tenants, and his contractors do work; his agricultural workers, and his mariners, and his camel drivers do not work. Rebbi Joshua ben Levi said, if he had a cow associated in town, she works. Rebbi Yose said to him, this you are saying about one under contract; therefore not to start.

MISHNAH: One does not contract for produce until a rate was established. If he was the first to harvest, he may contract for the stack of sheaves, or the vat of grapes, or the barrel of olives, or for potter’s clay and lime when it was loaded in his oven. One may contract for manure the entire year; Rebbi Yose says, one may not contract for manure unless he has manure on his dungheap, but the Sages permit it. One contracts for wholesale price; Rebbi Jehudah says, even if one did not contract for wholesale price he may say to him, give me some like that or return my money. A person may lend to his sharecroppers wheat for wheat as seed grain but not as food; but Rebban Gamliel lent his sharecroppers wheat grain; if at high price and the rate went down or at low price and the rate went up, he took from them at the low rate, not because this is practice but because he wanted to be strict with himself.

MISHNAH: One does not contract for produce until a rate was established. If he was the first to harvest, he may contract for the stack of sheaves, or the vat of grapes, or the barrel of olives, or for potter’s clay and lime when it was loaded in his oven. One may contract for manure the entire year; Rebbi Yose says, one may not contract for manure unless he has manure on his dungheap, but the Sages permit it. One contracts for wholesale price; Rebbi Jehudah says, even if one did not contract for wholesale price he may say to him, give me some like that or return my money. A person may lend to his sharecroppers wheat for wheat as seed grain but not as food; but Rebban Gamliel lent his sharecroppers wheat grain; if at high price and the rate went down or at low price and the rate went up, he took from them at the low rate, not because this is practice but because he wanted to be strict with himself.

MISHNAH: Partners and sharecroppers have no claim of undisturbed possession. A husband has no claim of undisturbed possession in his wife’s property, nor a wife in her husband’s property, nor a father in his son’s property, nor the son in his father’s property. When has this been said? For one who claims undisturbed possession. But if one is given a gift, or brothers distributed the estate, one takes possession of a convert’s property, when he locked, fenced in, or made any breach that is a legal form of taking in possession.

HALAKHAH: “Partners and sharecroppers,” etc. “A partner.” Samuel said, “partner” is not mentioned here. Does the partner not have a claim to undisturbed possession? Did not Samuel say that the partner who went and planted, planted with permission? When you say, the partner who went and planted, planted with permission, if he was there. When you say, the partner has no claim of undisturbed possession, if he was not there. What does he include in his stead? Artisans and robbers have no claim of undisturbed possession. “If somebody saw his slave at an artisan’s, or his garments at the washer’s, and told him, give me my slave, give me my garments, but he answered him, you gave him to me as a gift; you sold him to me; this is no claim of undisturbed possession. You told me to sell him; you instructed to give him to me as a gift, this is a claim of undisturbed possession.”

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

“Sharecroppers.” Rav Huna said, a permanent sharecropper, but a temporary sharecropper has a claim of undisturbed possession. Rebbi Joḥanan and Rebbi Simeon ben Laqish both teach that even a temporary sharecropper has no claim of undisturbed possession, for we may say that he is satisfied with him and let him have it. There, they say that a sharecropper has no claim of undisturbed possession but a sharecropper’s son has a claim of undisturbed possession; Rebbi Joḥanan and Rebbi Simeon ben Laqish say, neither a sharecropper nor a sharecropper’s son have a claim of undisturbed possession, for we may say that he was satisfied with his father and let the son have it. As Rebbi Joḥanan said, a sharecropper who engaged another sharecropper has no claim of undisturbed possession since it is common for sharecroppers to engage sub-sharecroppers.

MISHNAH: The following have to swear without a claim: Partners, and sharecroppers, and trustees, and a wife trading in the house, and a family member. If he says, what do you claim from me? “I want you to swear to me,” he is liable. After partners or sharecroppers distributed, he cannot force them to swear. If an oath was rolled over to him for another cause, one may roll everything over to him. The Sabbatical year remits an oath.

MISHNAH: The following have to swear without a claim: Partners, and sharecroppers, and trustees, and a wife trading in the house, and a family member. If he says, what do you claim from me? “I want you to swear to me,” he is liable. After partners or sharecroppers distributed, he cannot force them to swear. If an oath was rolled over to him for another cause, one may roll everything over to him. The Sabbatical year remits an oath.