Kommentar zu Peah 7:2
זַיִת שֶׁנִּמְצָא עוֹמֵד בֵּין שָׁלשׁ שׁוּרוֹת שֶׁל שְׁנֵי מַלְבְּנִים וּשְׁכָחוֹ, אֵינוֹ שִׁכְחָה. זַיִת שֶׁיֶּשׁ בּוֹ סָאתַיִם, וּשְׁכָחוֹ, אֵינוֹ שִׁכְחָה. בַּמֶּה דְבָרִים אֲמוּרִים, בִּזְמַן שֶׁלֹּא הִתְחִיל בּוֹ. אֲבָל אִם הִתְחִיל בּוֹ, אֲפִלּוּ כְּזֵית הַנְּטוֹפָה בִּשְׁעָתוֹ, וּשְׁכָחוֹ, יֶשׁ לוֹ שִׁכְחָה. כָּל זְמַן שֶׁיֶּשׁ לוֹ תַחְתָּיו, יֶשׁ לוֹ בְרֹאשׁוֹ. רַבִּי מֵאִיר אוֹמֵר, מִשֶּׁתֵּלֵךְ הַמַּחֲבֵא:
Ein Olivenbaum, der zwischen drei Reihen von zwei Rechtecken [aus Getreide] steht und man vergisst, ist nicht Shikhechah unterworfen . Ein Olivenbaum, der zwei Seah [eine bestimmte Volumeneinheit] [verbleibende Oliven] enthält und den er vergisst, ist nicht Shikhechah unterworfen . Wann haben sie das gesagt? Als er nicht anfing, es zu pflücken, aber wenn er anfing, sogar den Olivenbaum von Netufah zu seiner Zeit, und er es vergisst, ist es Shikhechah unterworfen . Jedes Mal, wenn [das Gesetz von Shikhechah ] unter ihm [dem Baum] gilt, gilt es oben; Rabbi Meir sagt: Dies ist nur, wenn der Olivenschläger weitergezogen ist.
Bartenura on Mishnah Peah
שלש שורות של שני מלבנים – three rows of olive trees and between the first row and the second there is a square garden-bed in the form of a small grain plot (of three handbreadths in width) that is between the olives as is taught in the Mishnah above at the beginning of chapter three (Mishnah 1)., and similarly, between the second row and the third row, and he forget the middle tree that is in the middle row, that is not forgetting for the trees that surround it hid it, and it is similar to covering it with straw or poor people stood opposite it as is taught in the Mishnah above that is not forgetting.
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English Explanation of Mishnah Peah
An olive tree found standing between three rows [of olive trees] which have two plots separating them, and he forgot it, it is deemed, “forgotten.” This section describes a field that has three rows of olive trees, and in between the rows there are two plots sewn with grain, one plot between the first and second row and one plot between the second and third row. If there is an olive tree standing between these rows then it is distinguished by its position between the two plots and between the three rows and the rules of forgotten do not apply.
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Bartenura on Mishnah Peah
במה דברים אמורים – it refers to the Mishnah that is above (Mishnah 1 of Chapter Seven), with a dripping oil at its time, and its forgetting is not forgetting. What are we referring to? At the time when he not begun [to harvest the tree] with it, but if he begun with it and had forgotten it, it is forgetting until there is in it two Se’ah.
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English Explanation of Mishnah Peah
An olive tree containing two seahs and he forgot it, it is not deemed forgotten. Another case in which the rules of forgotten don’t apply is when the tree has two seahs of olives see above 7:5.
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Bartenura on Mishnah Peah
כל מזן שיש לו תחתיו יש לו בראשו – If the owner of the olives is reminded from the olives that he forgot on the tree while he has olives underneath it, he can go back and harvest them, and it is not considered forgotten what he forgot at the top of the tree other than after no olives remained underneath the tree.
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English Explanation of Mishnah Peah
To what does this apply? Only when he [the owner] had not yet begun [to harvest the tree], but if he had begun, even if it were like the olive tree of Netofah in its time, and he forgot it, it is deemed forgotten. The mishnah now limits the rules that appeared in the preceding clauses, cases where the laws of forgotten did not apply. These laws applied only when the person had not yet begun to harvest the tree. However, if he began to harvest the tree and left some of the olives still in the tree, then the rules of forgotten do apply, even if the tree was as special as that amazing olive tree in Netofah.
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Bartenura on Mishnah Peah
רבי מאיר אומר משתלך המחבא – that is to say, from when the harvester checked with the rods by which hidden olives are knocked down (i.e., searching after the hidden olives) , then all that remains is for the poor when the owner of the tree has no olives underneath [the tree], but all the while that the harvester did not check with the rods by which hidden olives are knocked down, even though there are no olives underneath, he can go back and harvest. But the Halakha is not according to Rabbi Meir.
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English Explanation of Mishnah Peah
As long as the owner has some of the olives belonging to him at the foot of the tree, he has [possession] of those on top of the tree. Rabbi Meir says: [forgotten applies only] after [those with] the beating-rod have gone. The mishnah now brings a debate about when a person is considered to have forgotten the olives still in the tree such that they belong to the poor. Olives are harvested by beating the tree and letting the olives fall on a sack spread out underneath the tree. According to the first opinion, as long as there are still olives in the sack underneath the tree, then he hasn’t finished harvesting the tree and the laws of forgotten do not apply. Rabbi Meir says that the harvesting is considered completed only when the workers with their sticks for beating the tree have gone away.
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