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MENACHOS 71
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SUMMARY

1. One is permitted to eat grain which takes root prior to the Omer.
 
2. It is forbidden to harvest grain prior to the harvesting of the Omer. It is permitted to harvest the grain of a Beis ha'Shelachin in a valley, but the grain may not be stacked prior to the Omer.
 
3. One is permitted to begin harvesting unripe grain prior to the harvesting of the Omer in order to feed it to animals, provided that one began to harvest it before it reached a third of its growth, according to Rebbi Yehudah. Rebbi Shimon disagrees.
 
4. One is permitted to harvest grain growing in an orchard, before the Omer is harvested, and to clear out a field for a house of mourning or for a Beis Midrash. However, the grain that is harvested should not be tied into bundles.
 
5. The barley for the Minchas ha'Omer should be harvested Lishmah. If all of the grain has already been harvested, b'Di'eved it may be used for the Minchah even though it was not harvested Lishmah.
 
6. Rebbi Meir says that the residents of Yericho did the following with the consent of the Chachamim: they grafted trees the entire day of Erev Pesach, they recited the first verse of Shema without pausing between the words, and they harvested their grain prior to the harvesting of the Omer. Rebbi Yehudah disagrees.
 
7. Rebbi Meir says that the people of Yericho did the following without the consent of the Chachamim: they stacked the grain prior to the harvesting of the Omer, they benefited from branches which had grown from a carob and sycamore tree of Hekdesh, and they made an opening in their gardens and orchards in order to allow the poor to eat fruit which fell from the trees on Shabbos and Yom Tov.
 
8. Rebbi Yehudah says that the people of Yericho also gave Pe'ah from vegetables without the consent of the Chachamim, and the Chachamim protested.
 
9. If a river or a pool of water runs through a field, a private or public road, or there is a public or private path which is permanent both in the summer and in the winter, it divides the field in two with regard to Pe'ah.
 
10. If an uncultivated or plowed patch, or patch with a different crop, is in the middle of one's field, it divides the field into two with regard to Pe'ah. However, if there is a patch in the field where the unripe grain had been harvested, there is a dispute about whether it divides the field.
 
11. If a patch in a field was eaten by locusts or ants, or the crop was broken by the wind, everyone agrees that only if the area was plowed does it divide the field into two with regard to Pe'ah.
 
12. If one harvests his field in spots, leaving the damp stalks, he must leave Pe'ah separately from each patch, according to Rebbi Akiva. The Chachamim say that he leaves one Pe'ah for the entire field.

A BIT MORE

1. Rebbi Yonah says that if the grain took root prior to the offering of the Minchas ha'Omer, it is permitted. Rebbi Yosi bar Zveida says that if it took root prior to the harvesting of the Omer, it is permitted.
 
2. The grain of a Beis ha'Shelachin in a valley spoils quickly if it is not harvested. It is also inferior in quality and not fit to be used for the Minchas ha'Omer.
 
3. According to Rebbi Yehudah, if one begins to harvest the unripe grain before it reaches a third of its growth, he may continue to harvest it after it reaches a third of its growth. According to Rebbi Shimon, he may begin to harvest it even after it reaches a third of its growth.
 
4. The grain in an orchard may damage the fruit trees, and it is also inferior in quality. It may not be used for the Minchas ha'Omer.
 
5. It is a Mitzvah to use damp grain, but b'Di'eved dry grain may be used. It is a Mitzvah to harvest the grain at night, but b'Di'eved if it was harvested during the day it is valid.
 
6. According to Rebbi Yehudah, they did not have the consent of the Chachamim for these actions, with the exception of the harvesting of grain prior to the Omer, which the Chachamim permitted because the grain of Yericho was not suitable for the Minchas ha'Omer.
 
7. Although the Chachamim allowed them to harvest the grain prior to the Omer, they were not permitted to stack the grain. The Chachamim also objected to benefiting from branches which grew from a tree of Hekdesh, and to eating a fruit which fell from a tree on Shabbos, because of a Gezeirah that a person might come to pick the fruit from the tree.
 
8. According to Rebbi Yehudah, the Chachamim protested against their conduct of giving Pe'ah from vegetables. Vegetables are exempt from Pe'ah, but by giving the vegetables to the poor as Pe'ah, the recipients will not separate Ma'aser from them, because Pe'ah is exempt from Ma'aser. In reality, however, those vegetables are Chayav in Ma'aser. The Chachamim also protested against benefiting from a branch which grew from a tree of Hekdesh, and against eating fruit which fell from a tree on Shabbos, according to Rebbi Yehudah.
 
9. Pe'ah must be designated separately from the field on both sides of the water, road, or path.
 
10. According to Rebbi Meir, a patch in the field where the unripe grain was harvested divides the field into two, and Pe'ah must be designated separately on both sides of the patch. The Chachamim disagree, unless the patch has also been plowed.
 
11. This is true even according to Rebbi Meir. When Rebbi Meir says that unripe grain that was harvested divides the field into two with regard to Pe'ah, this refers only to grain that has not reached a third of its growth. Rebbi Meir agrees that if the grain has reached a third of its growth, it is considered to be the beginning of the harvest even if it was eaten by bugs or blown away by the wind. Therefore, only if the area was plowed does it divide the field into two with regard to Pe'ah.
 
12. Shmuel says that Rebbi Akiva maintains that Pe'ah must be designated from each spot only if one harvested the produce before it was ripe in order to make toasted wheat. If one harvested it after it was ripe for the purpose of storing it away, he must designate Pe'ah once for the entire field. Rebbi Yochanan disagrees.

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