THE LAW OF AN ANAS (Yerushalmi Kilayim Perek 7 Halachah 4 Daf 34a)
îùðä äàðñ ùæøò àú äëøí åéöà îìôðéå ÷åöøå àôéìå áîåòã.
(Mishnah): If an Anas (one who takes land by force) planted seeds in a (stolen) vineyard and it then left him (as the rightful owner retrieved it), the owner may cut it down even on Chol Hamoed.
òã ëîä äåà ðåúï ìôåòìéí òã ùìéù. éåúø îéëï ÷åöø ëãøëå åäåìê àôé' ìàçø äîåòã.
Up until how much should he pay the workers (to do this during Chol Hamoed)? Up until a third (more than the regular wage). If they want more than that, he should cut it himself even (if he must finish it) after the Moed.
îàéîúé äåà ð÷øà àðñ îùéù÷ò:
From what stage is one called an Anas (that his planting can prohibit)? From when the owner's name has sunk (and been forgotten as the rightful owner).
âîøà øáé áà áø éò÷á áùí øáé éåçðï ëéðé îúðéúà îåúø ì÷åöø àôéìå [ãó ìã òîåã á] áîåòã.
(Gemara) (R. Ba bar Yaakov citing R. Yochanan): The Mishnah means that it's permitted to reap even during Chol HaMoed (in order to prevent Maris HaAyin, that people might think that he is allowing Kilayim to grow).
[ãó ñä òîåã á (òåæ åäãø)] òã ëîä äåà ðåúï ìôåòìéí òã ùìéù.
The Mishnah taught, "Up until how much should he pay the workers (to do this Chol Hamoed)? Up until a third."
øá äåðà åøá ùùú çã àîø ùìéù ìùëø. åçøðà àîø ùìéù ìãîéí:
(Rav Huna and Rav Sheshes disagreed): One said that he must add even a third to the regular wage. The other said that until even a third of the value of the vineyard.
îàéîúé ð÷øà àðñ îùéù÷ò.
The Mishnah taught - From what stage is one called an Anas (that his planting can prohibit)? From when the owner's name has sunk (and been forgotten as the rightful owner).
àîø øáé àçà ðùú÷òå äáòìéí åìà ðúééàùå äáòìéí àéñåøå ãáø úåøä.
(R. Acha): From when the owner's name has sunk but the owner did not give up hope of it being returned, it is (still) a Torah prohibition.
ðúééàùå äáòìéí åìà ðùú÷òå äáòìéí àéñåøï îãáøéäï.
If the owner gave up hope but his name has not sunk, it is a Rabbinic prohibition.
åéù ÷ø÷ò ðâæì.
Question: Can land be stolen?
àîø øáé ìà àó òì ôé ùàéï ÷ø÷ò ðâæì éù ééàåù ì÷ø÷ò:
Answer (R. Illa): Even though it cannot, it can be acquired (Rabbinically) through (the owner) giving up hope.
ATTENDING TO KILAYIM CONCERNS (Yerushalmi Kilayim Perek 7 Halachah 5 Daf 34b)
îùðä äøåç ùòéìòìä àú äâôðéí òì âáé úáåàä éâãåø îéã åàí àéøòå àåðñ îåúø.
(Mishnah): If the wind blew vine branches so that they hang over standing grain, one should immediately cut them off; if he was unable, they remain permitted.
úáåàä ùäéà ðåèä úçú äâôï åëï áéø÷ îçæéø åàéðå î÷ãù.
If standing grain is bending underneath a vine, and similarly in the case of vegetables, one should turn them back (and even if he did not) they do not prohibit.
îàéîúé úáåàä îú÷ãùú îùúùìéù åòðáéí îùéòùå ëôåì äìáï.
From when do grains become prohibited? From when they grew a third (of their size); and as for grapes, from when they become the size of white beans.
[ãó ñå òîåã à (òåæ åäãø)] úáåàä ùéáùä ëì öåøëä åòðáé' ùáéùìå ëì öøëï àéðï îú÷ãùåú:
Grain that has completely dried out and grapes that have completely ripened do not become prohibited.
âîøà åëáï òæàé éñôø.
(Gemara): (The Mishnahv taught about standing grain that is bending underneath a vine, and similarly in the case of vegetables.) According to Ben Azai, he should cut whatever bends underneath the vine.
àùëç úðé øáé ò÷éáä àîø éçæéø. áï òæàé àîø éñôø.
Support (Baraisa): R. Akiva said that he should turn them back; Ben Azai said that he should cut them.
îàéîúé îú÷ãùú îùúùìéù. àéú úðéé úðé îùúùøéù. îàï ãúðé (îùúùìéù)[îùúùøéù] îñééòà ìøáé éåçðï îàï ãàîø (îùúùøéù)[îùúùìéù] îñééòà ìøáé äåùòéà.
The Mishnah taught - From when does grain become prohibited? From when they grew a third. Some teach that the text should be 'from when the roots spread in the ground'. The text of 'from when the roots spread' supports R. Yochanan (who held earlier in the 5th Perek that the prohibition is upon taking root) and the text of 'from when they grew a third' supports R. Oshiya (who says there that it is when it grew one third).
åòðáéí îùéòùå ëôåì äìáï.
The Mishnah taught - And as for grapes, from when they become the size of white beans.
à"ø çððéä áøéä ãøáé äìì ãëúéá (ãáøéí ëá) åúáåàú äëøí.
(R. Chananya son of R. Hillel): The law that grains become prohibited when they grew a third and grapes when they become like white beans is learned from the pasuk (Devarim 22:9), "(You shall not sow your vineyard with Kilayim, lest the increase ('Hamele'ah'), even the seed that you sow) and the product ('U'Tevuas') of the vineyard (become prohibited). Produce is only referred to as 'Hamele'ah' when it has grown one third and grapes are only referred to as Tevuas HaKerem when they have reached the size of white beans.
ëéðé îúðé' àéðï îú÷ãùåú:
(The Mishnah taught that grain that has completely dried out and grapes that have completely ripened do not become prohibited.) The reason is that once they are fully developed, they will not then add 1/200th to prohibit.