DAMAGING THE POOR WHO COME (Yerushalmi Peah Halachah 3 Daf 26b)
îùðä àéï îâìâìéï áèåôéç ãáøé ø"î
(Mishnah) (R. Meir): One may not spray water on the field (before the poor have come to collect the Leket, as it damages them when they come to the field).
åçëîéí îúéøéï îôðé ùàéôùø:
(Chachamim): It is permitted, as he can pay them for the damage.
âîøà úðé äîøáõ àú ùãäå òã ùìà éøã äòðé ìúåëä àí äæé÷å îøåáä òì ùì òðé îåúø åàí äéæ÷ äòðé îøåáä òì ùìå àñåø
(Gemara) Baraisa: One who waters his field before the poor passed through it, if his damage (if he would not water) is more than that of the poor (if he waters), it is permitted, if the damage of the poor (if he waters) is more than his damage (if he would not water), it is prohibited.
øáé éäåãä àåîø áéï ëê åáéï ëê îðéçï òì äâãø åäòðé áà åðåèì àú ùìå
(R. Yehuda): Either way, the owner should collect the Leket and place it on the fence and the poor should come and take it.
îçìôà ùéèúéä ãø"é úîï äåà àåîø ëùí ùäåà îéãì áùìå ëï äåà îéãì áùì òðééí åëà àîø äëéï
Question: The opinion of R. Yehuda seems to have switched - there (in the 7th Perek), Rabbi Yehuda said that it is permitted pull out vines in order to improve those that remain, even though a portion that would have gone to the poor is being lost. However, here, he said that the owner must leave the poor's portion on the fence for them and he may not waste it?
úîï äí âøîå ìòöîï åìà áàå áøí äëà äøé áàå
Answer: There, he had first waited for the poor to be able to pass, so it is permitted; here, even if they would have tried to come and take, they would not have been able to do so.
îçìôà ùéèúéï ãøáðï úîï àéðåï àîøéï àí äæé÷å îøåáä òì ùì òðé åëà àéðåï àîøéï äëéï
Question: The opinion of Rabbanan seems to have switched - the Rabbanan said in the Baraisa (above) - if the damage caused to the owner if he would not water is greater than the damage done to the poor when he does water, he may water. But in our Mishnah, they always permit him to water?
[ãó îå òîåã á (òåæ åäãø)] úîï àé àôùø áøí äëà àôùø
Answer: In the Baraisa, it is impossible to avoid damages (since a large quantity of water is used); here, it is possible to avoid damages (since water is merely sprayed). (Note: There is considerable variation in the commentaries on this sugya. The explanation presented here is that of the Meleches Shlomo and several others.)
åäà ø"î àîø àéï îâìâìéï åùîéï ùì áò"ä áäôñãå åäà øáðï àîøéï [ãó ëæ òîåã à] [ãó ëæ òîåã à] îâìâìéï åùîéï ìòðééí áäôñãï
Even though R. Meir taught in the Mishnah that one may not spray, he may deduct his resultant loss from the portion of the poor. And even though the Rabbanan allow him to spray, he must reimburse the poor for their loss.
åìîé äåà îùìí
Question: Which poor people should he pay?
àîø øáé éåðä ìòðéé àåúä äòéø
Answer (R. Yona): The poor of that city.
ãìà ëï îä àðï àîøéï
Question: What would you have thought otherwise?
àîø ø' çééà áø àãà ìîãú äãéï ðöøëä:
Answer (R. Chiya bar Ada): It is to teach that in Beis Din, the poor can force the owner to pay.