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A OLIVE TREE THAT IS SURROUNDED (Yerushalmi Peah Perek 7 Halachah 2 Daf 32a)

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(a)

(Mishnah): If an olive tree is standing surrounded by three rows of olive trees, each row being the length of two ('Malbanos') patches of produce, if he forgot it, Shichechah does not apply. (Its position creates a status of being distinct.) If an olive tree of two Se'ah was forgotten, it is not Shichechah. (A similar statement was taught about a sheaf in Perek 6 Mishnah 6 - Zevachim daf 60(a).)

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(b)

When is this true? When he did not begin harvesting it; but if he did, even for a Netofah olive tree in season, there is Shichechah. As long as there are olives under the tree, he may take that which is on top of the tree.

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(c)

(R. Meir): When the Machava (staff used to hit the olive tree for the final concealed olives to fall) has passed through, there is Shichechah.

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(d)

(Gemara) (R. Eliezer): The Mishnah's term 'Malbanos' refer to the trees themselves, that each of the three rows has no more than two trees.

(e)

In the Mishnah, why does Shichechah not apply to an olive tree surrounded by three rows? If it is distinct (because it is surrounded), why must specifically olive trees surround it? If it is because the olive joins with the others to become a row of three; why must there be three rows etc., it would be enough merely to have an olive tree on either side of it?! Rather, since it is in a row and its row is between rows, it becomes distinct.

(f)

(R. Yochanan): The Mishnah is referring to a detached olive tree. (It is not Shichechah since he plans on cutting it up and selling it in the future.)

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(g)

(R. Yosi): Not only if it is detached, but even if it is attached, since it is surrounded by three rows of olive trees, he remembers its location and it is not Shichechah.

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(h)

Some say that the text of the Mishnah is "Shenimtzah' ('that is found') and some say "Shenimtzah Omed" ('that is found to be standing'). The first opinion supports R. Yochanan (as it implies that the tree itself is distinct) and the second supports R. Yosi (as it implies that its location makes it distinct).

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(i)

Support for R. Yochanan (Baraisa): When must it be standing surrounded by three rows? When he doesn't realise and forgot it (but he will be reminded since it has rows near it); but if he does realise, (even if he gathered everything around it, it is not Shichechah); he would pursue it even if it was standing alone at a distance of 100 Amos.

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(j)

(The Mishnah taught that if he had begun harvesting, even if it is a Netofah olive tree in season, there is Shichechah.) However, if it was a two Se'ah olive tree (similar to the case discussed earlier in Perek 6, Halachah 5 - Zevachim daf 60), even if he began harvesting, it is not Shichechah.

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(k)

(When the Mishnah taught that as long as there are olives under the tree, he may take that which is on top of the tree;) this can be explained in two ways - as long as the poor still have permission to collect that which under, they may also pick that which on top. And before he may pick the top, he may already pick the bottom.

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1.

Explanation #2: As long as there is permission below, there is automatically permission on top (even if it has not been given there).

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(l)

(R. Meir said in the Mishnah that when the Machava (staff used to hit the olive tree for the final concealed olives to fall) has passed through, there is Shichechah.) When the Machava has passed through, even if there is no permission on top, there is permission below.

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(m)

Baraisa (citing Beis Shammai): When he has put down the Karkar and finished, he has permission on top.

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(n)

(R. Abahu citing R. Shimon ben Lakish): The 'Machavo' mentioned by R. Meir in the Mishnah is the same as a 'Karkarah' (mentioned by Beis Shammai in the Baraisa) - a stick used for hitting trees.

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(o)

(R. Abahu): It is called a Machavo because it reveals the olives in the hidden places between the leaves, as the pasuk states (Shmuel I 23:23), "And see and know of all the hiding places [Machavo'im] where he hides".