sheaves

Rav Jehudah in the name of Samuel: Practice follows Rebbi. Rav Ze‘ira said, practice follows Rebbi. Rebbi Jeremiah said, everybody agrees that in a house, if he tells him, “put it in,” [he implies] “and I shall watch it.” Everybody agrees that on a field, if he tells him, “put it in,” [he implies] “and you watch it.” Where do they disagree? In a courtyard. Rebbi says, a courtyard is like a field, but the Sages say, a courtyard is like a house. There, we have stated: If somebody assembles sheaves in another person’s field without permission.” [R. Isaac said,] sheaves on a field are like vessels in a house? Rebbi Yose ben Rebbi Abun said, explain it by one which has a lock.

Rav Jehudah in the name of Samuel: Practice follows Rebbi. Rav Ze‘ira said, practice follows Rebbi. Rebbi Jeremiah said, everybody agrees that in a house, if he tells him, “put it in,” [he implies] “and I shall watch it.” Everybody agrees that on a field, if he tells him, “put it in,” [he implies] “and you watch it.” Where do they disagree? In a courtyard. Rebbi says, a courtyard is like a field, but the Sages say, a courtyard is like a house. There, we have stated: If somebody assembles sheaves in another person’s field without permission.” [R. Isaac said,] sheaves on a field are like vessels in a house? Rebbi Yose ben Rebbi Abun said, explain it by one which has a lock.

MISHNAH: If somebody stacks his sheaves on another person’s field without permission and the field’s owner’s animals ate them, he is not liable. If it was damaged by it, the owner of the stack is liable. But if he stacked his sheaves with permission, the field’s owner is liable.

MISHNAH: If somebody stacks his sheaves on another person’s field without permission and the field’s owner’s animals ate them, he is not liable. If it was damaged by it, the owner of the stack is liable. But if he stacked his sheaves with permission, the field’s owner is liable.

HALAKHAH: If somebody stacks his sheaves on another person’s field without permission.” R. Isaac said, are sheaves on a field like vessels in a house? Rebbi Yose ben Rebbi Abun said, explain it by one which has a lock.

HALAKHAH: If somebody stacks his sheaves on another person’s field without permission.” R. Isaac said, are sheaves on a field like vessels in a house? Rebbi Yose ben Rebbi Abun said, explain it by one which has a lock.

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

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

MISHNAH: He who sets fire to a stack of sheaves which contains implements, Rebbi Jehudah says, he has to pay everything contained in it but the Sages say, he pays only for a stack of wheat sheaves or a stack of barley sheaves. If a goat was tied to it, and a slave was nearby, and they were burned, he is liable. If a slave was tied to it, and a goat was nearby, and they were burned, he is not liable. But the Sages agree with Rebbi Jehudah that one who sets fire to a building has to pay everything contained in it since people regularly store things in houses.

MISHNAH: He who sets fire to a stack of sheaves which contains implements, Rebbi Jehudah says, he has to pay everything contained in it but the Sages say, he pays only for a stack of wheat sheaves or a stack of barley sheaves. If a goat was tied to it, and a slave was nearby, and they were burned, he is liable. If a slave was tied to it, and a goat was nearby, and they were burned, he is not liable. But the Sages agree with Rebbi Jehudah that one who sets fire to a building has to pay everything contained in it since people regularly store things in houses.

MISHNAH: He who sets fire to a stack of sheaves which contains implements, Rebbi Jehudah says, he has to pay everything contained in it but the Sages say, he pays only for a stack of wheat sheaves or a stack of barley sheaves. If a goat was tied to it, and a slave was nearby, and they were burned, he is liable. If a slave was tied to it, and a goat was nearby, and they were burned, he is not liable. But the Sages agree with Rebbi Jehudah that one who sets fire to a building has to pay everything contained in it since people regularly store things in houses.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

HALAKHAH: “He who sets fire to a stack of sheaves,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: The Sages agree with Rebbi Jehudah about threshing tools which usually are hidden there. The argument of Rebbi Jehudah seems inverted. There he says except what is hidden, but here he says including what is hidden? But does not Rebbi Jehudah simply explain “stack”? Why was “stack” written? That he has to pay for all that is in it. The argument of the rabbis seems inverted. There they say, including what is hidden; but here they say, except what is hidden? But did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The Sages agree with Rebbi Joḥanan about threshing tools which usually are hidden there? Rebbi Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi (Yose) as it was stated: “If it was a stack of wheat sheaves covered with barley or a stack of barley sheaves covered with wheat, he pays for a stack of barley.” As the following: A person deposited a tied sack with another person, when something happened. This one said, it was full of dross, but the other said, it was full of raw silk. [ ] He swears and collects.

It was stated: “One who found bundles of grain in the public domain does not have to make it public; in a private domain he has to make it public. Sheaves he has to make public, whether in the public or the private domain.”

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.

“If he was the first to harvest, he may contract for the stack of sheaves,” etc. Rav said, if one processing stage was missing, one may contract; if several processing stages were missing, one may not contract. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, even if several processing stages were missing, one may contract. But the Mishnah disagrees with Rav: “If he was the first to harvest,” etc.

It was stated: “One who contracts with another for a field has to harvest, bind into sheaves, thresh, winnow, and grade. The digger, the measurer, the steward, the town watchmen, and the administrator take their wages from the community. The builder of furnaces, the maker of seals, and the scribe, if hired by the tenant they take from the tenant; if hired by the landlord they take from the landlord. One does not change local usage.”

Rav said, the main confirmation of a claim of possession is storing the produce. Does Rav not agree about weeding and turning the soil? Rav agrees about weeding and turning the soil. What does it mean that Rav said, the main indication of a claim of possession is storing the produce? That if they saw him ploughing, and harvesting, and binding into sheaves, and threshing, and grading, but did not see him storing the produce, there is no claim of possession without storing the produce.

The conditions which Joshua imposed. Rebbi Levi ben Birai in the name of Rebbi Joshua ben Levi: four. One may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. There, we have stated: “Or fenugreek where grasses appeared, one does not require him to weed.” So is the Mishnah: One does not require him to uproot. As one of Joshua’s conditions you say, one may collect grasses everywhere except from a field of fenugreek where it is forbidden because of robbery. This implies that he does not want them. He said, there if he sowed it to make sheaves, but here when he sowed it for seeds. Did Joshua made conditions for the benefit of sinners? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: He would like it if they were uprooted and lying before him. And he mentions a vineyard field, as Rebbi Yannai said: all spontaneous growth is forbidden except for what appears on a fallow field, or a field ready to be ploughed under, a vineyard or a field grown for seeds. A fallow field, for he does not care. A field ready to be ploughed under, for he wants to improve his field. A vineyard, not to forbid his vineyard. A field grown for seeds, for he does not want it; and if you say he does, he would like it if they were uprooted and lying before him.

“Rebbi Jehudah said: it happened that Rabban Gamliel and the Elders were sitting on stairs on the Temple Mount; their scribe Joḥanan was sitting before them when Rabban Gamliel said to him, write: To our brothers in the Upper Southland and the Lower Southland, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the sheaves of grain. To our brothers in the Upper Galilee and the Lower Galilee, may you have much peace. We inform you that the time of liquidation has come, to deliver tithes from the olive presses. To our brothers in the diaspora of Babylonia, the diaspora of Media, the diaspora of Greece, and all other diasporas of Israel, may you have much peace. We inform you that the sheep are thin, the pigeon chicks small, and springtime has not arrived; it appears good in my eyes and those of my colleagues to add thirty days to this year.”

With a case where he has arranged them for storage; for R. Isaac stated that R. Johanan said in the name of R. Eliezer b. Jacob : Gleanings, forgotten sheaves, and the produce of the corner of the field, if he arranged them for storage, they become subject to the tithe.

[Ben Zoma] used to say : How much labour Adam must have expended before he obtained bread to eat ! He ploughed, sowed, reaped, piled up the sheaves, threshed, winnowed, selected [the ears], ground, sifted [the flour], kneaded and baked, and after that he ate ; whereas I get up in the morning and find all this prepared for me. And how much labour must Adam have expended before he obtained a garment to wear ! He sheared, washed [the wool], combed, spun, wove, and after that he obtained a garment to wear ; whereas I get up in the morning and find all this prepared for me. All artisans attend and come to the door of my house, and I get up and find all these things before me.

It goes well according to the authority who says that ‘threshing’ here means loosening [the sheaves], but according to the authority who says that ‘threshing’ here really means ‘threshing’, what can one answer?

And He causeth to come down for you, etc. (Joel 2.23): Said R. Naḥman to R. Isaac: The former rain does not fall in Nisan, but in Marḥeshwan! For a Baraita reads (Sifrē, Deut., §42): The former rain falls in Marḥeshwan and the latter rain in Nisan! "Thus said R. Johanan," replied R. Isaac, "this verse (Joel, 2.23) has proven true (only) in the days of Joel the son of Petuel, for it is written (Joel, 1.4): 'That which the palmerworm hath left hath the locust eaten,' etc. Now there is a tradition that in that year Adar had passed without rainfall, and the first rain did not appear until the first of Nisan. The Prophet then said to the Israelites: Go out and sow! But they replied: Should one who has a Ḳab of wheat or two Ḳabs of barley, eat it and live, or sow it and die? The prophet said: Nevertheless go out and sow! They then went out and sowed. Thereupon a miracle happened, that all the grain which was hidden (by mice) in the walls and in crevices (by ants) and in the holes of ants, appeared before their eyes. Again they went out and sowed on the second, third, and fourth (of Nisan); on the fifth there was the second rainfall and on the sixteenth they offered the 'Omer. Thus, produce that used to ripen in six months ripened in eleven days, and the 'Omer which was usually offered from the crop that grew six months was now offered from one that grew in eleven days! With reference to that generation the Psalmist says (Ps., 126.5-6): 'They that sow in tears shall reap in joy. Though he goeth on his way weeping, bearing forth the seed; he shall come again with joy, bringing his sheaves with him.'"

What does "he goeth on his way weeping" indicate? Said R. Judah, it indicates that the ox on his way sowing was crying hungrily, but on his way back he was already eating the young green from the furrows. What does "he shall come again with joy, bringing his sheaves with him" indicate? Said R. Ḥisda or, as some say, it was taught in a Baraita, it indicates that in that year the stalk was one span long and the ear two spans.

in a Mishnah (Nedarim, 62b): If one sets the rainfall as the time limit to a vow, he must keep his vow until the appearance of the second rainfall. R. Zebid said: It is of importance with reference to olives, for we read (Peah, 8.1): From what time on is everybody free to take the gleanings, the forgotten sheaves, and the corners of the field? From the time the Gropers have gone. Fallen single grapes and small bunches of grapes may be taken from the time the poor have searched the place more than once. Olives may be taken after the second rainfall.