Kommentar zu Sheviit 3:13

מאימתי מוציאיןם זבלים לאשפות – it is the manner of thos who work the land to bring in the manure to one place in the field and make there a large dung-heap until he disperses It in the field to manure it.

Introduction It is forbidden to fertilize the field with manure during the sabbatical year. Furthermore, it is forbidden to bring out the dung used as fertilizer and heap it in the fields because that is the typical first step in the fertilization process. Doing so looks as if they are preparing to fertilize the fields. Therefore they have to wait until the normal time for bringing out the manure has passed before they can bring it out during the sabbatical year. In our mishnah, three sages debate when this time begins. Besides noting that it might not have been so pleasant to live with the dung accumulating in the courtyard, we should also note that this mishnah is an excellent example of sages agreeing on the larger picture (fertilizing is prohibited, and one must wait to bring out the manure) and yet disagree on the details, here when one can bring it out.

משיפסקו עוברי עבירה – to work the land in the Seventh Year and prior to that those who transgress [the laws of the Seventh Year] cease, it is forbidden so that they do not say that this is from those who transgress [the Seventh Year] and that he removes it to manure his field. And there are books in wich it is written them, that those “who perform work” and this is it (i.e., the correct reading).

From when may they bring out manure to the dung-heaps?
From when the workers have ceased to work, the words of Rabbi Meir. According to Rabbi Meir, it becomes permitted to bring out the manure once those who do not observe the sabbatical laws are done doing so. This would have distinguished those who did observe the laws, for they would noticeably take the manure out later than everyone else. As to who the people are who take the manure out on time, they are either non-Jews or perhaps Jews who do not observe these laws.

משייבש המתוק – that the manure will be dried up as it gives a sweetness to the fruits/produce.

But Rabbi Judah says: until the sweetness [of the manure] has dried up. Rabbi Judah says that they have to wait until the manure dries up. This is Rashi’s explanation. Albeck explains that “the sweetness” refers to sweet herbs. Once their moisture is gone it is clearly too late to fertilize and hence it is permitted to bring the manure out into the field.

משיקשר – when it begins to dry up, it thickens and makes clumps/becomes knotty excrescences, and their words are close to being equivalent. And in the Jerusalem Talmud, it explains that when the sweetness dries out, fissures in the group of fields/valley when the rain falls fill up with water and do not dry up other than after a while, and they are called מתוק /sweet on account of (Job 21:33): “The clods of the wadi are sweet to him, [everyone follows ehind hi, innumerable are those who precede him].”

Rabbi Yose says: until [the dung dries] into knots. Rabbi Yose says that they have to wait until the manure itself has dried up.

משפלות (wicker baskets carried on a pole over the shoulder) - baskets that they carry out in them manure and each wicker bashed holds a LETEKH (15 SEAH of dung) which is the burden of the donkey, and the LETEKH is one-half of a KOR which is fifteen SEAH.

Introduction This mishnah continues to discuss bringing out manure to make dung-heaps. This mishnah teaches how many dung-heaps may be made and how big they must be to avoid giving the appearance that one is fertilizing the field.

מוסיפין על המשפלות – he places in one dunk heap wicker baskets like he wishes.

How much manure may they take out and make into dung-heaps? Three dung-heaps for every bet seah, [each consisting of] ten baskets [of foliage] of a letekh each. The mishnah wants to limit the number of dung-heaps and their size so that it does not look like the person bringing them out is fertilizing the field. Therefore, there is a limit to how many dung-heaps may be piled up. They can only make three piles. Furthermore, each heap must contain at least ten baskets of dung, and each basket must contains a letekh (=15 seah). In total, each pile must contain 150 seah of manure. Less than that, and the rabbis fear that it may look like he is fertilizing his field.

ואין מוסיפין על האשפות – to make more than three dung-haps in a Bet Seah (50 cubits by 50 cubits) , so that he will not appear as if he is manuring the field.

They may add to the number of baskets, but not to the number of heaps. Rabbi Shimon says: also to the number of heaps. If he wants he can add to the number of baskets he brings out. In other words, there is a minimum of ten baskets, but if he wishes he can add more. However, he cannot make more heaps because that looks like he is fertilizing the field. Rabbi Shimon says that he can even add to the number of heaps. Evidently more large heaps do not, according to Rabbi Shimon, make it look like one is fertilizing the field.

ר' שמעון אומר אף על האשפות – they may add [to the dung heaps] since there is a large community in one place and it does not appear like manuring. But the Halakha is not according to Rabbi Shimon.

יתר מכאן – from three [dung-heaps] it is permitted, which is Rabbi Shimon’s [opinion] in the opening clause, and not it comes to inform us that Rabbi Shimon permits it, even if there aren’t ten wicker baskets, as long as there will not be in it less than three, and even though there is a little manure in the dung-heap, and you might think that I would say that Rabbi Shimon admits that if he adds dung-heaps, it appears like manuring, it comes to tell us that it does not appear like manuring since he does not disperse it.

Introduction This mishnah continues to deal with the topic of what to do with the accumulating dung during the sabbatical year.

עד שיעמיק שלשה – that he will deepening the place of the manure or raise it up from the rest of the land b three handbreadths, so that it will be recognized that he is doing this in order to bring in the manure into one place, and not to manure the field.

A man may deposit in his field three dung-heaps for every bet seah [and even] more, the words of Rabbi Shimon. The sages forbid unless he [deposits them] three [handbreadths] below or thee handbreadths above. The beginning of today’s mishnah seems to be nearly the same as the last clause of yesterday’s mishnah, where Rabbi Shimon stated that one may make more than three dung-heaps in the field, without this looking like he was fertilizing. Here we seem to learn the same thing over again. According to some commentators, this repetition serves to introduce the statement of the sages found below. I should note that I have translated this mishnah according to the version found in all good manuscripts. The version preserved in the printed edition of the mishnah differs. The other sages forbid more than three dung-heaps unless he lowers them three handbreadths into a pit, or raises them three handbreadths and puts them on top of a mound. If he does this, it will be clear to all that his intention is not to fertilize his field. While we had learned in yesterday’s mishnah that the sages prohibit, we had not learned that they do allow this if one raises or lowers the mounds.

עושה אדם את זבלו אוצר – those three dung-heaps of thirty wicker backets, he can make of them one dung-heap and can add to them as he wishes, and that is not to say that just as it is forbidden to have more than three dung-heaps for a Bet Seah (i.e., fifty cubits by fifty cubits), that is also forbidden to have more than the measurement of three dung-heaps in one place.

A man may pile up all the manure into one [large] store. Rabbi Meir forbids unless he [deposits them] three [handbreadths] below or thee handbreadths above. Most sages allow one to pile the dung that would have filled three dung-heaps into one large pile. However, Rabbi Meir forbids this unless he either raises the heap three handbreadths or lowers it. According to the Yerushalmi, Rabbi Meir forbids this only if there is more than the allowed measure of dung, that is more than the measure of three dung heaps, each of 150 seah of dung. Since he couldn’t make three separate heaps of a larger size without having to raise or lower the heaps, Rabbi Meir holds that he must also raise or lower one large heap.

ר"מ אוסר – in the Jerusalem Talmud it is found that Rabbi Meir forbade more than the measurement alone, but with the merasurement, now that there are three places, it is it is permitted in one place, is it not obvious? But the Halakha is not according to Rabbi Meir.

If he had just a little, he may constantly add to it. Rabbi Elazar ben Azariah forbids unless he [deposits them] three [handbreadths] below or thee handbreadths above. If he does not have enough dung to make such large heaps, he may take out the small amount that he does have and then add to it little by little. He need not wait until such a large volume accumulates. Rabbi Elazar forbids this because it looks as if he is planning to fertilize the field. This would only be permitted if he first lowered the pile or made it higher. Only through such a method is it clear that his intention is not to fertilize but rather just to remove the dung from his courtyard.

היה לו דבר מועט – he doesn’t have to remove at one time according to the explained measurement of above, but removes a bit of it an/or adds to it and continues.

ר"א בן עזריה אוסר – lest he will not have more manure and it appears like he is manuring his field until he removes ten wicker baskets at once, or,

עד שיעמיק ג' או יגביה ג' – for since he same place is different from the rest of the field, it does not appear like manuring, and similarly, if he placed it on a rocky place which is not appropriate for sowing.

המדיר את שדהו (let cattle changes folds within a field/collect mnaure in a field, by letting cattle live on it) – it is the language of a shed for cattle , and he has no free place to place his cattle other than there, and he doesn’t intend to manure his field in this manner and it is intention to bring in the manure to dung-heaps afterwards.

Introduction If one does not have an adequate pen for his cattle, he may make one for them in his field, even though this may look like he is bringing them out there to fertilize the field. However, he is limited as to the dimensions of the pen. Our mishnah teaches what those limitations are.

סהר (enclosure for cattle near a dwelling/stable) – like an enclosure, a circumference of a partition around the sheep.

One who uses his field as a pen for cattle, he [first] makes an enclosure for every two bet se'ahs. He then uproots three sides, and leaves the middle side. It turns out that he has made a pen of four seahs. Rabban Shimon ben Gamaliel says: one of eight seahs. This section teaches how one goes about making a pen for his cattle on his field during the sabbatical year. First he makes the enclosure that covers two whole bet seahs. Once the enclosure is full of manure he removes the fences on three sides and leaves one fence standing and uses it to begin a new enclosure. It turns out that this fence is the middle fence between the old enclosure and the new enclosure. In the end the whole enclosure will be four seahs. According to the first opinion, he cannot make a bigger enclosure. Rabban Shimon ben Gamaliel disagrees and allows him to make an enclosure of eight seahs. According to some commentators, this means that he can make the first enclosure of four and the other of four as well. According to others, he makes the first enclosure two bet seahs, and then he can put a new one on each side, thereby ending up with eight bet seahs that were enclosed.

עוקר ג' רוחות – when the enclosure for cattle is filled with manure, he ruproots from the enclosure from three sides and restores on the [other] side of them middle and changes folds there like that for two Bet Seah, and makes dung-heaps within his field , three dung-heaps for a Bet Seah as we have stated.

If his entire field is only four seahs in area, he must allow a portion of it to remain [unenclosed] for appearance's sake. One thing he cannot do is make his entire field an enclosure for his cattle because this looks like he is putting them there to fertilize the field and not just because he needs a place for his animals. In order to make it clear that his intention is not to fertilize, he must leave at least a portion of his field unpenned.

נמצא מדייר בית ארבעה סתים – Two Seah from this side of the middle partition and two from the [other] side, and our Mishnah teaches us that it permits a cattle fold of four Seah prior to his making from it dung-heaps, but not more than that, so that they should not say that he intended to make folds in his fields [for cattle to live in them].

And he may take the dung out from the enclosure, and spread across his field in the manner of those who fertilize their fields. Once the pen is full of manure, he can bring it out to the field in the way prescribed by the preceding mishnayot, that is he can make three dung-heaps per bet seah.

מפני מראית העין – so that it would not appear like he intends to manure his field if he makes all of it an enclosure for cattle.

כדרך המזבלין – three dung-heaps for each Bet Seah, but the Halakha is not according to Rabban Shimon ben Gamaliel.

מחצב (quarry) – a place within his field that he hews/chisels stones for building. If it was covered with dirt, and it would not be visible, they don’t open it at the beginning of Seventh Year, for one who sees it says that he is doing it to repair his field in order to sow within it and not to remove the stones for building.

Introduction This mishnah deals with quarrying stones during the sabbatical year. The problem is that this looks too much like clearing his field of stones in order to use it for growing. The mishnah gives a solution that avoids giving that appearance.

עד שיהא בו שלש מורביות (piles of hewn stonesa0 – that there would revealed and appear from that quarry prior to the Seventh Year three rows of stones, that every row from there is three cubits long and three cubits wide at the height of three cubits , that there would be found there nine stones that each stone is one cubit by one cubit at a height of three [cubits], and similarly in each and every row , there are twenty-seven stones for the three rows, and in this manner, it is recognized that for the need of stones for building he finds them and not to repair his field.

A man may not open a stone quarry within his field for the first time, unless there are in it three layers, each three [cubits long], three wide and three high, for a total of twenty-seven stones. First of all, it is forbidden to begin a quarry in the field on the sabbatical year. If he hadn’t dug stones there previously, then he may not do so in the sabbatical year. However, if there was already there a quarry, then he may use it because it will be clear that he is removing stones to use in building or for some other purpose and he is not clearing the field to use it for agriculture. The minimum measure of the previous quarry must be three layers, each layer being three cubits long, three wide and three high. This is the space that would allow twenty-seven one cubit stones to have been quarried. I should note that this explanation is according to the Rambam, but there are other explanations of the mishnah.

של משאוי שנים שנים – that there is with each one of them a burden for two people.

Introduction This mishnah discusses removing a stone wall during sheviit. Again, we are concerned lest it appear that he is clearing his field in order to plant there.

הרי אלו ינטלו (they may be removed) – all of them and even the smallest of them and it does not appear like removing the wall to make a field in its place.

A wall that consists of ten stones, each a load for two men, may be removed, [if] the measurement of this wall is [at least] ten handbreadths high. If the wall is ten handbreadths high and there are at least ten heavy stones there, then he can remove the entire wall because it will be clear that he is removing a wall and not clearing his field in order to plant. It seems that if there is really a wall there, it will be clearer to everyone what he is doing.

פחות מכאן מחצב – and he doesn’t take all of it, but rather razes the rock even with the ground and leaves from the rock a handbreadth in the land in order that it would not be appropriate for sowing.

Less than that he quarries it and he may lower it to within one handbreadth of the ground. If the wall is smaller then he cannot just remove the whole thing. Rather he may remove individual stones, until he lowers it to within one handbreadth of the ground. Leaving that one handbreadth will make it clear to everyone that he is not clearing the wall so that he can plant there.

במה דברים אמורים – that which he should not begin with hewing/chiseling and that in which he razes the rock.

When is this so? From his own field, but from that of another, he may remove whatever he wishes. The mishnah now presents two exceptions to the previous rule. The first is that the rule applies only to a wall in his own field. If the wall is in another person’s field, he may remove the whole thing because it is unusual for a person to clear a wall in order to plant another person’s field.

מה שהוא רוצה יטול – that it doesn’t appear like repairing the field if he began to take [the stones] from the Eve of the Seventh Year.

When is this so? When he did not begin [to remove the stones] in the sixth year, but if he began in the sixth year, he may remove whatever he wishes. The second exception is if he had begun to remove stones from the wall in the sixth year. If he had begun the previous year, then it will seem clearer to everyone who sees him that he is just removing stones and not clearing the field for planting.

שזעזעתן המחרישה – and even if he did not loosen/move them but rather that he will eventually remove them, it is as if he moved/loosened them.

Introduction This mishnah continues to deal with the topic of removing stones from one’s field on the sabbatical year.

הרי אלו ינטלו – all of them on account of these two [people who are required to move to stones].

Stones which the plow has turned up, or which had been covered and became uncovered, if there are among them at least two, [each] the load of two men, they may be removed. If some stones turn up unexpectedly in one’s field, he is allowed to remove them if there are at least two of them and if each of those two is so large it requires two men to carry them. In such a case the one who sees the person removing these stones will not think that he is simply clearing his field in order to plant. Rather the observer will realize that he is removing the stones in order to use the stones in building. Note that in this case he is allowed to remove not only the large stones but the other stones as well.

המסלק שדהו – that he removes stones from the field, the language of (Isaiah 62:10): “Remove the rocks!”

One who removes stones from his field, he removes the top layers, but he leave those touching the ground. If one needs to remove stones from his field in order to use them in building, he can remove the top layers but not the bottom layers. The reason that he has to leave the bottom layers is to make sure that people don’t think that he is clearing the field in order to prepare it for planting.

ומניח את התחתונות הנוגעות בארץ – that in that manner, it does not appear like repairing/improving the field.

And likewise a heap of pebbles, or a pile of stones; he may remove the top layers but must leave those touching the ground. The same rule applies if he is removing a heap of pebbles or a pile of stones. Again, he may remove the top layers but not the bottom.

גרגיר של צרורות וגל של אבנים – small.

If, however, there is beneath them rocky soil or stubble, they may be removed. If below the pebbles or stones there is still rocky soil, soil that can’t be used for growing, then he may even remove the bottom layer, because it is clearly not being done in preparation for sewing seed.

אם יש תחתיהן סלע או קש – it does not appear like repairing since the place is not appropriate for sowing.

אין בונין מדרגות – steps leading to ravines (for carrying up the water for irrigation), that they should not level/improve the appearance in their descent to take the water that had gathered in the valley in those holes/indentations, that appears like one is improving/repairing them to ater throough tem his fields in the Seventh Year.

Introduction Today’s mishnah deals with building steps leading down into a ravine. According to Albeck this mishnah refers to terrace farming. The steps are the terraces that are built into the sides of the mountain in order to better utilize this land for farming.

לא יסמוך בעפר – if he comes to dam up the place where the waters go out on the rocks, he should not put dust or plaster between the stones because it looks like more like he intends to water from them his fields.

They may not build steps leading to ravines in the sixth year after the rains have stopped, for this would be improving the fields for the seventh year. But he may build in the seventh year itself, after the rains have stopped, for this would be a improving the fields for the eighth year. Normally speaking, they would build the steps/terraces into the ravine after the rains had stopped (around Pesah time). The rains would have damaged the terraces and hence after the rains stopped it would be time to repair the terraces. If he builds such terraces in the sixth year for the seventh year then it looks like he is improving the field in order to plant it in the seventh year. However, he can build terraces in the seventh year after the rains have stopped because everyone will see that this is preparing the field for the eighth year, which is permitted.

אבל עושה הוא חייץ (he may make a loose embankment/ a pile of loose and uneven material) – stones arranged this one on top of tha tone, similar to a fence without dust and/or plaster.

He may not block them [the steps] with earth, but he may make an embankment. When rebuilding the terraces during the seventh year he may not block them with earth because then it looks like he is preparing the earth to plant for the seventh year. But he may make an embankment, which Albeck interprets as a stone wall that does not have any earth on top of the stones. When he rebuilds the terrace in such a way it will be clear that he is not planning on sewing for the seventh year.

כל אבן – [every stone] that is in his field, even a small one, if when he builds the fence or a building, he can stretch out his hand and take it and to build it.

Any stone which he can stick out his hand and pick up, may be removed. While building the embankment or the terrace he can’t just pick up any stone he wishes because that looks like he is clearing his field in order to prepare it for sewing. He can only pick up a stone that is close enough to him that he can just stick out his hand and pick it up.

הרי זו תנטל – that the fence proves for him that he takes it to build his fence but not to improve/repair his field for sowing.

באות מכל מקום – even within his own [field] for he surely knows that it was established for building and not to improve/repair the field.

Shoulder-stones may be removed from any place.
And the contractor may bring them from anywhere.
Which are shoulder-stones? Any one that cannot be picked up with one hand, the words of Rabbi Meir.
But Rabbi Yose says: the name is to be taken literally; those that are carried on a man’s shoulder, either two or three at a time.
This mishnah continues to deal with the topic of which stones may be removed from a field without it looking like he is clearing his field for planting.
Section one: Since it will be clear when he removes the shoulder-stones that he is going to use them in building and that he is not removing them in order to clear his field, it is always permitted to remove such stones.
Section two: A building contractor is allowed to bring stones that are even smaller than shoulder-stones because it is obvious that he is taking them for building and not in order to clear a field.
Others interpret a “contractor” to mean one who has contracted the field, meaning that is he is sharecropping it for someone else. Since this is not his field, it is more permissible for him to take stones out of it and he may take stones that are even smaller than shoulder-stones.
Section three: Of course, we now have to define what shoulder-stones are. According to Rabbi Meir a shoulder-stone is just another way of saying a stone that is too large for a person to pick up with one hand.
Rabbi Yose on the other hand does not understand the term “shoulder-stone” to signify the size of the stone. Rather this term refers to the way that they are carried, two or three on one’s shoulder at the same time.

והקבלן (and the contractor) – who received the field as a tenant (who tills the wowner’s ground for a certain share in the produce). מביא מכל מקום – and even from the same field that he is a tenant in it, even small stones, for [this field] is not [considered as his own, and there are those who explain that the contractor that is his manner to build buildings through his contract-labor as it is not] his intention other than to gather/collect stones he brings [nevertheless and even from] his own [field].

ר' יוסי אומר כו' – and the Halakha is according to Rabbi Yossi.

להעמיק עד הסלע – and we are not troubled that perhaps he changes his mind and sows it, for it is not the manner for people to sow close to the public domain. But between him and his friend, we are troubled tht perhaps he will change his mind and sow it and it is forbidden.

Introduction Normally speaking one is not allowed to dig a hole on his property during the sabbatical year because that is considered working the land. Our mishnah deals with a few exceptions to this rule.

צוברו ברה"ר (pile it up in the public domain) - and afterwards, he will take it from there and repair the public domain as it was.

One who makes a fence between his own property and the public domain, he is allowed to dig down to rock level. One is allowed to build a fence during the sabbatical year between his property and the public domain because people who see him will not suspect him of preparing his property for planting. He is allowed to dig all the way down to bedrock.

כשם שאין מקלקלים רה"ר כך לא יתקן - meaning to say, it is not necessary to pile up his dust in the public domain which is prohibited, even though he would remove it afterwards for he does damage by the hour, but even to repair is forbidden, as for example, if the stones or the dust were scattered in the public domain, he should not pile them up in one place, but rather remove them completely from the public domain, and that is what he said: just as we don’t do damage in the public domain, he should not pile up his dust , even though that it was his intention to remove it immediately, so also he should not repair to pile up stones or dust that is scattered in the public domain and bring them out to the sea or the river.

What should he do with the soil? He piles it up in the public domain, and then restores it, the words of Rabbi Joshua. Were he to just heap the soil up in his own field it would look like he was tending to his field. Therefore, according to Rabbi Joshua he heaps it up in the public domain, and then afterwards he may use that soil to repair holes in the public domain.

מה יעשה בעפר – according to Rabbi Akiva.

Rabbi Akiva says: just as no damage may be done to a public domain, so one may not repair it. Then what should he do with the soil? He heaps it up in his own field in the manner of those who bring out dung [for manure]. Rabbi Akiva points out that there is a problem with Rabbi Joshua’s solution as to what to do with the soil. One is not allowed to do any damage to the public domain, even if he will afterwards restore the damage he has done. Heaping his soil in the public domain is forbidden, even if he is only doing so on a temporary basis. Rather what he should do is heap it up in his own field using the same rules that we saw with regarding to the dung used for manure. He needs to make three dungheaps per bet seah.

צוברו בתוך שדהו כדרך המזבלים- three dung heaps for a Bet Seah (fifty cubits by fifty cubits).

Similarly when one digs a cistern, a trench or a cave. The same debate between Rabbi Joshua and Rabbi Akiva exists also with regard to digging a cistern, a trench or a cave.

וכן החופר בור שיח מערה – like the rest of the days of the yeaer, Rabbi Yehoshua and Rabbi Akiva disagree regarding this. According to Rabbi Yehoshua, we pile it up in th public domain, as long as he doesn’t remove it afterwards and improve/repair the public domain as it was, and for Rabbi Akiva, even though it is his intention to repair/improve, it is forbidden, other than to pile it up in his domain. And the Halakha is according to Rabbi Akiva.