ZEVACHIM 44 (13 Sivan) - Dedicated by Elliot and Lori Linzer to commemorate the Yahrzeit of Chaim Yoseph ben Ephraim Henoch ha'Levi z'l.

1)

WHAT IS LEKET? (Yerushalmi Peah Halachah 7 Daf 24a - misnumbered as Halachah 5)

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(a)

(Mishnah): What is Leket? Produce that falls during harvesting. If he was harvesting and he grabbed a handful or plucked out a fistful and then a thorn poked him and it fell from his hand to the ground, it still belongs to the landowner. If produce that was in his hand or in the sickle fell, it belongs to the poor; behind the hand or sickle belongs to the landowner.

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(b)

Produce falling out of the top of the hand or the top of the sickle - R. Yishmael - it belongs to the poor; R. Akiva - it belongs to the landowner.

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(c)

If grains are found in ant holes while the crops are still standing, they belong to the landowner. After the reapers have passed through, those found lying uppermost belong to the poor; those found underneath belong to the landowner.

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(d)

(R. Meir): Everything belongs to the poor, because doubtful Leket is regarded as Leket.

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(e)

(Gemara) Baraisa: The pasuk states (Vayikra 19:9), '(You shall not gather) the gleanings of your harvest' - includes even when harvesting by hand. (This proves the phrase in the Mishnah 'or plucked out a fistful'.)

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(f)

Similarly, the phrase '(you shall not collect) the [fallen] individual grapes of your vineyard' - includes even when picking grapes by hand.

(g)

There is a dispute between Rav Kahana and Rav Tachlifa - (when the Mishnah taught 'if produce that was in his hand or in the sickle fell, it belongs to the poor') - one said that only if it fell from in his hand and from in the sickle does it belong to the poor, but not if it fell from in his hand but was harvested from behind the sickle. The other one said that even then, it belongs to the poor.