1)

HARVESTED BY OTHERS (Yerushalmi Peah Halachah 5 Daf 13a)

(a)

(Mishnah): If a field was harvested by gentiles or bandits or it was gnawed by ants (at its roots) or if the wind or cattle broke it, it is exempt from Peah (since the owner did not harvest it).

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(b)

If he harvested half and bandits then harvested the other half, the entire field is exempt from Peah, as the obligation is fulfilled by leaving standing crops at the end of harvesting.

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(c)

If bandits harvested the first half and the owner harvested the second half, he must give Peah from that which he harvested.

(d)

If he harvested half and sold half, the buyer must give Peah for the entire field.

(e)

If he harvested half and consecrated half (to the Temple treasury), the one who redeems it from the treasurer must give Peah for the whole field.

(f)

(Gemara): The Mishnah is referring to when they harvested it for themselves, but if they harvested for the Jew, it is obligated in Peah.

(g)

Support (Baraisa): One may not hire gentile laborers as they are not knowledgeable in the laws of Leket. (This shows that when a gentile harvests for a Jew, it is obligated in Leket (as well as Shichechah and Peah).

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(h)

When the Mishnah taught that if bandits harvested, it is exempt, it is specifically when they harvested merely to ruin it; otherwise, it is obligated in Peah.

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(i)

(R. Hoshiya bar Simi): One could say that even if they did not harvest to waste, it is exempt - since the obligation of Peah comes when crops are still attached to the ground and a field cannot be stolen, (the Jewish bandits were not obligated in Peah).

(j)

(The Mishnah taught that if bandits harvested the first half and the owner harvested the second half, he must give Peah from that which he harvested. The reason is that the obligation of Peah is always on that which is still standing) - a person gives from standing crops for standing crops or from standing crops for harvested crops. And as long as some crops are still standing, he may not give from harvested for harvested nor from harvested for standing.

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(k)

However, sometimes he may give from harvested for harvested and from harvested for standing - how is this? If he finished harvesting his field and left an amount for Peah but did not yet declare it as Peah, when he then harvests the first stalk of the remainder, that stalk becomes Peah for the remaining standing crops.

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1.

And not only if he finished harvesting his field, but even if he only partially harvested and said that the rest is Peah, once he then cuts the first stalk, the obligation of Peah now falls on the harvested stalks and he can therefore give Peah from the harvested stalks for the standing crops.

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(l)

Question: (The Mishnah taught that if h e harvested half and sold half, the buyer must give Peah for the entire field.) Can the (poor) seller receive the Peah that the buyer will give, that will be exempting the rest of the seller's field from Peah?

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(m)

Answer: R. Yehuda said - When is it true (that if a poor man was contracted to harvest a field, that he may not accept the gifts to the poor from that field)? When he received it to be paid a half, a third, or a quarter of the field (since he is therefore a partial owner of the field). However, if he stipulated that the worker would receive a third of whatever he harvested, he may receive the gifts.

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1.

Conclusion of Answer (R. Bun bar Chiya): This shows that the seller is permitted to receive the Peah, since he no longer has a portion in that part of the field.

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(n)

Rebuttal (R. Yosi): There, the field did not become obligated while still in his possession; but over here, it did. If a proof would have been brought that when he harvested half of the field and sold what he harvested, that the buyer make take possession of the gifts, it would be fine (since the buyer was not in possession of the standing crops when the obligation of Peah took effect); but since the field was in the possession of the seller when he harvested, so that it became obligated in the seller's possession, the seller cannot receive the gifts.

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(o)

Question: (When the Mishnah taught that if he harvested half and sold half, the buyer must give Peah for the entire field) may the (poor) buyer take for himself the Peah that he gives for the portion of the seller?

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(p)

Answer: It depends on the dispute cited earlier in the Gemara (in Perek 1 Halachah 5 - daf 16 (i) 1.) between B'Ribi and R. Yehuda HaNasi. (If one buys detached produce from a Yisrael in a year of Maaser Ani - R. Yehuda HaNasi says that whether the buyer is rich or poor, he must give away the Maaser Ani; B'Ribi says that if he is poor, he may keep the Maaser Ani.)

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(q)

Question (R. Pinchas): If one brought harvested crops from Chutz La'Aretz, is it obligated in Peah? Just as Hekdesh is exempt from Peah because the pasuk excluded it (with the phrase 'your harvest'); so too, crops from Chutz La'Aretz are exempt (because of the phrase 'your land'). Alternatively, since Hekdesh is obligated when he redeemed it from the treasurer, so too crops from Chutz La'Aretz should be obligated when they are brought to Eretz Yisrael?

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(r)

Answer: There is an explicit Baraisa to exclude it - 'the harvest of your land' and not the harvest of Chutz La'Aretz.

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(s)

(The Mishnah taught that if he harvested half and consecrated half (to the Temple treasury), the one who redeems it from the treasurer must give Peah for the whole field). If the treasurer harvested half of that half that was consecrated, but it was redeemed before he completed the harvesting, the redeemer must only give Peah for what he harvested before and after, but not what was harvested in the possession of Hekdesh.

HADRAN ALACH VE'EILU MAFSIKIN