1)

THINNING OUT VINES (Yerushalmi Peah Perek 7 Halachah 4 Daf 33a)

îùðä äîãì áâôðéí ëùí ùäåà îéãì áúåê ùìå ëê äåà îéãì áùì òðééí ãáøé øáé éäåãà

(a)

(Mishnah) (R. Yehuda): One who thins out vines (to allow improved growth of grapes) - he may thin out what belongs to the poor just as he does for his own.

ø"î àåîø áùìå äåà øùàé åàéðå øùàé áùì òðééí:

(b)

(R. Meir): He may only thin out his own but not what belongs to the poor.

âîøà äëì îåãéí áîåëø ìçáéøå òùøä àùëåìåú ùéäà àñåø ìéâò áäï äëì îåãéí áùåúó ëùí ùäåà îéãì áúåê ùìå ëê äåà îéãì áúåê ùì çáéøå

(c)

(Gemara): All agree that if one sold 10 clusters to his friend, he may not touch them. All agree about a partner, that just as one may thin out that which is his, he may thin out that which is his partner's.

[ãó ñâ òîåã à (òåæ åäãø)] øáé éäåãà òáéã ìéä ëùåúó øáé îàéø òáéã ìéä ëîåëø

(d)

R. Yehuda (above) viewed a poor man like a partner; R. Meir viewed him like a buyer (so the owner - 'the seller' - cannot touch the poor man's produce).

àîø ìéä øáé àéîé äâò òöîê ùàëìúï çéä àéï úòáãéðà ëùåúó éäà çééá ìùìí ìå:

(e)

(R. Ami): (How could the poor be like partners?) If the Olelos were eaten by a wild animal, if they are like partners, the owner would have to replace the Olelos!

à"ø éåçðï ðøàéú îåçìôú ùéèúå ùì øáé éäåãà úîï äåà àåîø áéï ëê åáéï ëê ðåèìï åîðéçï òì äâãø åäòðé áà åðåèì àú ùìå åëà äåà àåîø äëéï

(f)

Question (R. Yochanan): It seems that the opinion of R. Yehuda has switched - earlier (in Perek 5 Mishnah 3 - Zevachim 52-1(c)-(d) - this question is also asked there) he said that (if one who waters his field before the poor passed through it,) either way, the owner should collect the Leket and place it on the fence and the poor should come and take it (to prevent a loss for the poor). But here R. Yehuda said that one may also thin out what belongs to the poor?

îúåê ùäåà îòëï äåà òåùä éåúø ìùðä äáàä

(g)

Answer: It is different here - since he is pressing them and thinning them out, they will produce more the following year, so it is beneficial for the poor.

åàîåø àåó äëà îúåê ùäåà îøáöä äéà òåùú éåúø ìùðä äáàä

(h)

Question: This should also apply to one who waters his field, since it will be beneficial to the poor the following year?

à"ì îöåé äåà ìæåøòä éø÷ åìäáøéçä îï äòðééí:

(i)

Answer: There, since the custom is to plant seeds one year and vegetables the next year, we are concerned that he will plant vegetables the following year, that are exempt from Peah, and cause a loss to the poor.

2)

KEREM REVAY AND THE POOR (Yerushalmi Peah Perek 7 Halachah 5 Daf 33b)

îùðä ëøí øáòé á"ù àåîøéí àéï ìå çåîù åàéï ìå áéòåø åáä"à éù ìå

(a)

(Mishnah): Kerem Revay (fruits of the fourth year of a vine, that are holy and must be taken to Yerushalayim, similar to Maaser Sheni produce. For other trees, this status is known as Netah Revay) - Beis Shammai says that one does not add a fifth when it is redeemed and it does not need to be removed (Biur) in the fourth and seventh years of the Shemittah cycle. Beis Hillel requires these two things.

áù"à éù ìå ôøè åéù ìå òåììåú åòðééí ôåãéí ìòöîï

(b)

(Beis Shammai): Peret and Olelos apply to it and the poor redeem it for themselves.

[ãó ñâ òîåã á (òåæ åäãø)] åáä"à ëåìå ìâú:

1.

(Beis Hillel): All of it goes to the winepress (and it is then taken to Yerushalayim).

âîøà úðé øáé àåîø ìà àîøå á"ù àìà áùáéòéú àáì áùàø ùðé ùáåò áù"à éù ìå çåîù åéù ìå áéòåø

(c)

(Gemara) (Baraisa): Rebbi says that Beis Shammai only said this about Shevi'is, but in all other years, Beis Shammai says that one must add a fifth and the law of Biur applies.

òì ãòúéä ãäãéï úðéà ìà ìîãå ðèò øáòé àìà îîò"ù ëîä ãúéîø àéï îò"ù áùáéòéú ãëååúé' àéï ðèò øáòé áùáéòé'

(d)

According to Rebbi, Beis Shammai also learned Netah Revay from Maaser Sheni - just as there is no obligation of Maaser Sheni in Sheviis, so there is no obligation of (the redemption and adding a fifth to) Netah Revay in Sheviis.

îòúä àì éäà ìå ÷ãåùä

(e)

Question: If it is learned from Maaser Sheni in Sheviis, Netah Revay should not apply at all in Sheviis and it should not require redemption or to be eaten in Yerushalayim?

÷ãåùúä îàéìéå ìîãå (åé÷øà éè) ÷åãù äéìåìéí äøé äåà ë÷åãù ù÷åøéï òìéå àú ääìì

(f)

Answer: Only adding a fifth and Biur are learned from Maaser Sheni, but the other laws are learned from its own pasuk, as the pasuk states (Vayikra 19:24), "(In the fourth year, all its fruit) shall be sanctified to praise Hash-m" - they are like Bikurim, that a declaration of praise to Hash-m is said over them.

åéäà îåúø ìàåðï

(g)

Question: Even though an Onen (a person whose close relative was buried that day) may not eat Netah Revay, he should be permitted it in Sheviis - since Netah Revay is learned from Maaser Sheni, when Maaser Sheni does not apply, this prohibition should not apply...?

úðé ÷åãù îâéã ùäåà àñåø ìàåðï

(h)

Answer: The Torah says 'shall be sanctified' - to teach that it is prohibited to an Onen like sacrifices.

åéäà çééá ááéòåø

(i)

Question: Since it is learned from Bikurim, it should be obligated in Biur in Sheviis?

áâéï ãø"ù ôåèø ááéòåø

(j)

Answer: Beis Shammai agree with R. Shimon that Bikurim are exempt from Biur.

åéôãä áîçåáø ì÷ø÷ò

(k)

Question: In Sheviis, one should be able to redeem it with things attached to the ground (since the prohibition to do this was learned from Maaser Sheni, which does not apply in Sheviis)? (This question remains unanswered.)

[ãó ñã òîåã à (òåæ åäãø)] úðé øùá"â à' ùáéòéú åà' [ãó ìã òîåã à] ùàø ùðé ùáåò áù"à àéï ìå çåîù åàéï ìå áéòåø

(l)

Baraisa (R. Shimon ben Gamliel): (Disagreeing with Rebbi above (c) & (d)) Both in Sheviis and in other years, Beis Shammai says that Netah Revay is exempt from adding a fifth and from Biur.

òì ãòúéä ãäãéï úðéé ìà ìîãå ðèò øáòé îîòùø ùðé ëì òé÷ø îòúä àì éäà ìå ÷ãåùä

(m)

(The Gemara now asks and responds to all of the questions that were asked to Rebbi about Sheviis, but here they are questioning the view of R. Shimon ben Gamliel.) According to R. Shimon ben Gamliel, they did not learn Netah Revay from Maaser Sheni at all. If so, Netah Revay should not apply at all in Sheviis and it should not require redemption or to be eaten in Yerushalayim?

÷ãåùúå îàéìéå ìîãå ÷åãù äéìåìéí äøé äåà ë÷åãù ù÷åøéï òìéå àú ääìì

(n)

Answer: Its laws are learned from its own pasuk, as the pasuk states (Vayikra 19:24), "(In the fourth year, all its fruit) shall be sanctified to praise Hash-m" - they are like Bikurim, that a declaration of praise to Hash-m is said over them.

åéäà îåúø ìàåðï

(o)

Question: It should be permitted to an Onen?

úðé ÷åãù äéìåìéí îâéã ùäåà àñåø ìàåðï

(p)

Answer: The Torah says 'shall be sanctified' - to teach that it is prohibited to an Onen like sacrifices.

åéäà çééá ááéòåø

(q)

Question: Since it is learned from Bikurim, it should be obligated in Biur in Sheviis?

áâéï ãø"ù ôåèø ááéòåø

(r)

Answer: Beis Shammai agree with R. Shimon that Bikurim are exempt from Biur.

åéôãä áîçåáø ì÷ø÷ò:

(s)

Question: One should be able to redeem it with things attached to the ground? (This question remains unanswered.)