INTERLOCKING BRANCHES OVER A FENCE (Yerushalmi Peah Halachah 3 Daf 12a)
îùðä äëì îôñé÷éï ìæøòéí åàéðå îôñé÷ ìàéìï àìà âãø åàí äéä ùòø ëåúù àéðå îôñé÷ àìà ðåúï ôàä àçú òì äëì åìçøåáéï ëì äøåàéï æä àú æä
(Mishnah): Everything divides a seed field but only a fence divides an orchard. And if there are interlocking branches (between trees from each side) over the fence, the fence does not divide; rather he gives one Peah for all of them. And for carob trees (that are not planted in any specific arrangement), as long as the trees are in sight of each other, one Peah is given.
àîø ø"â ðåäâéï äéå ááéú àáà ðåúðéï ôàä àçú ìæéúéí ùäéå ìäí áëì äøåç åìçøåáéï ëì äøåàéï æä àú æä
(Rabban Gamliel): In my father's house, they were accustomed to giving one Peah for the olives of each direction of the town and they would give one Peah for carobs trees that were in sight of each other.
[ãó ëà òîåã à (òåæ åäãø)] ø"à á"ø öãå÷ àåîø îùîå àó ìçøåáéí ùäéå ìäí áëì äòéø:
(R. Elazar b' R. Tzadok in R. Tzadok's name): Even for carobs, one Peah was given for all carobs in the town.
âîøà îä ëåúù ëòìä áîëúù àå ëåúù òì âáé âãø îï îä ñòø ëåúù àéï äâãø ëåúù äãà àîøä ëåúù òì âáé âãø
(Gemara): Do the interlocking branches also need to be resting on the fence in order to prevent the fence dividing? Since the Tanna referred to the branches rather than the fence, this shows that they do not need to rest on it.
ø' îðà àîø æéîðéï ãäåé áä áúåê àøáò àîåú åæîðéï ãäåé áä áúåê òùøä èôçéí
Sometimes R. Mana said that they must be within 4 Amos (- only if the trees that had interlocking branches are positioned within 4 Amos of the fence do the branches prevent the fence from dividing); and sometimes he said that they must be within 10 tefachim...
áðèåòéï îèò òùø ìáéú ñàä îä àú ù"î åäåà ùéäéå áúåê àøáò àîåú ìâãø [ãó ëà òîåã á (òåæ åäãø)] åäï ùéäéå áúåê òùøä èôçéí áéï âåó ìâåó îîèò òùøä ìáéú ñàä:
This means that the trees must be within 4 Amos of the fence when ten are planted in an area of Beis Se'ah and the distance between the branches must be less than 10 tefachim.
åìçøåáéí ëå' îé îëååï ìäí àú äøåçåú
Question: (The Mishnah taught that Rabban Gamliel said that in his father's house, they were accustomed to giving one Peah for the olives of each direction of the town and they would give one Peah for carobs trees that were in sight of each other.) Which directions is the Mishnah referring to?
äòéø îëååðú ìäåï àú äøåçåú àîø øáé éåñé áø' áåï ùì áéú ø' äéå ìäí ã' áãéí ìã' øåçåú äòéø åäï ðåúðéí ìëì áã ìôé øåçå
Answer: The Mishnah is referring to the direction that the town is facing, (rather than the directions of the world of north, south etc.) - and they would position four poles, one in each direction from the town.
äéå ùí â' àéìðåú äøàù(åð)éí øåàéí àú äàîöòéí åäàîöòéí øåàéí àú äøàù(åð)éí åàéï äøàù(åð)éí øåàéï æä àú æä îôøéù îï äøàùé' òì äàîöòéí åîï äàîöòéí òì äøàùéí åàéðå îôøéù îï äøàùéí òì äøàùéí:
(R. Yosi b' R. Bun): (When the Mishnah taught that they would give one Peah for carobs trees that were in sight of each other) - if there were three sections of trees - if from the first ones one could see the middles ones and vice-versa, but from some of the first ones one cannot see other first ones (for example, if they are planted on a slope) - one gives Peah from the first ones on the middle ones and vice-versa, but not from the the first ones on the first ones (since they are not in sight of each other).