Kommentar zu Sheviit 4:12

בראשונה. כדרך שהוא מלקט מחברו את הגס הגס – this Mishnah is explained in the Jerusalem [Talmud]. – at first they would say that a person could gather within his own [field] the large ones in the manner that he gathers that of his neighbor, whether large whether small, and even though that wood and grasses when we collect them from within the field, he is clearing the field for sowing, when he gathers the large ones, meaning to say, the wood and the large grasses and leaves the small ones, we rely that he needs the wood and not to clear/repair the land he is doing so, in the manner that we rrely with someone who gathers in the field of his neighbor whether small or whether large, for a person doesn’ act to clear/repair the field of his neighbor and he certainly knows that it is for the wood tha the needs.

Introduction During the sabbatical year it is permitted to gather non-food material from a field in order to use it for various purposes, such as lighting a fire. However, it is forbidden to gather this stuff in order to improve the field.

משרבו עוברי עבירה – that they would gather in the fields whether small whether large, and they say hat we gathered large ones.

At first they said: a man may gather wood, stones and grasses from his field, just as he was allowed to do from the field of his fellow, the large ones. Originally, a person was allowed to gather large pieces of wood, stones and grass from his own field without being suspected of doing so in order to improve the field, just as he was allowed to collect from his fellow’s field without being suspected of doing so in order to improve someone else’s field. The assumption was that since these were large pieces it would be obvious that he was doing so only in order to use that which he collected for fire.

שלא בטובה – that his neighbor does not attach merit, for now, he certainly does not come to gather the small ones, since his friend does not attach merit to this for now, he certainly doesn’t come to gather the small ones, since his neighbor does not attach merit on this.

When the transgressors increased, they decreed that this one may gather from this one’s field and this one may gather from this one’s field, but not as a [mutual] favor. It doesn’t need to be said that no stipulation can be made for food. As they are wont to do, people began to transgress this permission and to collect even the smaller pieces and to lie and state that they had only collected the small pieces. Therefore, the sages decreed that a person could no longer collect even the large pieces from his own field. However, what one could do is collect these things from his friend’s field, under the assumption that when one collects wood, stone or grasses from someone else’s field it is not in order to improve the field. The other person could also collect from his field. However, one wasn’t allowed to grant this right as a mutual favor, as in “you can collect from my field if I can collect from yours.” The mishnah also notes that it is obvious that one cannot stipulate that one will give someone food in return for collecting the wood in his field and giving it to him.

אין צריך לומר שיקצץ להם מזונות – that he would say to him, gather from my field today and I will give you your meals, for that is clearly prohibited.

שנתקווצה – that took its thorns out in the Seventh Year.

Introduction It is forbidden to improve upon a field during the sabbatical year. Our mishnah deals with the halakhic consequences of one who nevertheless does improve upon the field.

שנטייבה – that was well plowed for the entire world plows one time and he plowed twice. But our Mishnah is speaking about a time of danger when the Kingdom (Rome) takes by force the tax that is placed upon the land masses and they permitted plowing in the Seventh Year in order to give the determined tax from its grain to the king, and if he plowed twice, the Rabbis fined him, for one plowing they permitted but not two plowings.

A field from which thorns had been removed may be sown in the eighth year. During the sabbatical year it is forbidden to remove the thorns from the field, because it is forbidden to improve upon the field. However, this prohibition is only derabanan, a rabbinic and therefore lesser prohibition. Therefore, one who has removed the thorns from his field during the seventh year can still plant the field during the eighth year, the year after the sabbatical year.

או שנדיירה – lthat they made from it a pen for the cattle that made with it an enclosure for cattle as we stated in the chapter above (Tractate Sheviit, Chapter 3, Mishnah 4), and di dnot make from it dung-heaps but rather left it in order to manure the field with it.

But if it had been improved upon, or cattle had been allowed to live upon it, it may not be sown in the eighth year. However, if he improved upon the field by plowing it, which is forbidden from the Torah, then he may not plant the field during the eighth year. For transgressing this prohibition, the rabbis penalized him by not allowing him to plant after the sabbatical year had passed. The same is true if he allowed animals to live on his field, and thereby fertilize it. This was a subject that we dealt with in 3:4.

לא תזרע למוצאי שביעית – for we fine him in that which is greater than removing the thorns.

A field which had been improved upon in the seventh year: Bet Shammai says: they may not eat its produce in the seventh year, But Bet Hillel says: they may eat. The mishnah now talks about what happens if despite the fact that one is not allowed to improve a field during the seventh year, one nevertheless goes ahead and does so. According to Bet Shammai, the produce of the field is now forbidden during the seventh year, because the rabbis punished the transgressor. Bet Hillel says that the produce may be eaten. Of course, the laws governing produce that grows on its own during the seventh year will apply to this produce as well.

בטובה – it is forbidden we don’t attach merit to it to the owners for the All-Merciful made them ownerless.

Bet Shammai says: they may not eat produce of the sabbatical year with an expression of thanks. But Bet Hillel says: they may eat [sabbatical year produce] with an expression for thanks and without an expression of thanks. During the Sabbatical year all of the produce grown in the fields is considered ownerless, and may be eaten by anyone. Beth Shammai holds that when one eats such produce one may not express his thanks to the owner of the field. These fruits are ownerless; giving thanks to the owner of the field may give people the impression that he is the one giving them, whereas in truth it is the Torah’s laws which have given them to the person eating. Bet Hillel holds that one may express thanks to the owner of the field or he may eat the fruit without expressing thanks.

חלוף הדברים – that the School of Shammai is lenient, But the Halakha is not according to Rabbi Yehuda.

Rabbi Judah says: the statements must be reversed, for this is one of the instances where Bet Shammai is lenient and Bet Hillel is stringent. In the previous two sections Bet Shammai was more stringent than Bet Hillel. Rabbi Judah says that the opinions should be reversed, because this is one of the cases where Bet Shammai is more lenient than Bet Hillel. In Mishnah Eduyot 5:1 Rabbi Judah teaches that this is one area where Bet Shammai is more lenient than Hillel.

חוכרין נירין – an Israelite can receive for it for such and such Korim for a year the field of a heathen that was plowed in the Seventh Year to be sown in the aftermath of the Seventh Year, and even though it causes the heathen to plow in the Seventh Year. [The word] ניר/freshly, newly plowed field , is the language of (Jeremiah 4:3): “Break up the untilled ground, [and do not ow among thorns].”

Introduction This mishnah deals with the renting land from a Gentile during the seventh year, and other similar issues. I should note that as I write this commentary, we just began the Shmitah year here in Israel. The laws of the Shmitah have presented perhaps the greatest halakhic challenge to rabbis wishing to preserve a halakhic framework within a modern economy complete with a modern agriculture. It is clear that Israeli farmers could not simply allow their fields to lie fallow for a year and expect to make a living in that year or in the following years. One of the solutions to this problem is called “heter mekhirah” permission to sell. Just as Jews sell their chametz on Pesah and buy it back after Pesah, so too many farmers sell their fields to Gentiles during Pesah and then buy them back afterwards. The Gentiles grow the produce and then sell it in the markets here to Jews. While some would scorn such a solution as looking for a way around the halakhah or even as “cheating,” I think that such solutions allow Jews to preserve halakhah and yet be a part of the world. I would add, however, that while legal solutions allow one to solve grave financial problems that would be caused were the halakhah to be observed in its original formula, we should not forget the spirit behind the halakhah. Just as the spirit behind selling chametz is to cleanse oneself of the leaven and all that it symbolizes, so too the spirit behind the Shmitah observance is to give the land, which ultimately belongs to God, a chance to rest as well.

ומחזיקים ידי נכרים – if they found hi plowing, he can say to him, “May your strength (health) be firm,” and things of a similar manner.

They may rent newly plowed land from a Gentile in the seventh year, but not from an Israelite. A Gentile may plow his land on the sabbatical year. Therefore, a Jew can rent this plowed land from the Gentile in order to plant seeds on it after the sabbatical year has passed. However, since a Jew may not plow his land during the sabbatical year, if he does so another Jew may not rent the fields from him.

ושואלים בשלומן – and even on the day of their idolatrous festival.

And they may encourage Gentiles during the seventh year, but not Israelites. One who passes by a Gentile plowing or planting his field (in the land of Israel) on the sabbatical year may wish him luck. Even though the land is supposed to rest, Gentiles are not obligated to observe this law and in order to preserve peace between Jews and non-Jews, one may encourage him in his plowing.

They may exchange greetings with them because of the ways of peace. It is always permitted to formally greet Gentiles in order to preserve the ways of peace between Jews and non-Jews. This mishnah may seem a bit strange to one who grew up in a society where Jews and non-Jews often get along quite way. The background to the Mishnah is the notion that non-Jews are our enemy and that one who greets them may be giving comfort to Israel’s enemy. The mishnah disagrees with this view and says that greetings are actually to our own advantage, because by greeting someone you increase the peace with them. To use a cliché, the best way to deal with an enemy is often to turn him into a friend.

המדל בזיתים – when the olive [trees] become too close to each other, he takes one [tree] and leaves two or he takes two [trees] and leaves one, in order that it should grow and thicken. [The word] מדל/thins out is the language of slipping off and removal, but there are those who explain it as the language of something torn in shreds and poverty when he reduces/weakens his field from the olives.

Introduction This mishnah deals with one who thins out the trees in his field during the sabbatical year so that the other trees will be able to grow. This is permitted because it is permitted to do things during the sabbatical year that will preserve the trees already growing in his field. However, when he does so he needs to make sure that it doesn’t look like he is clearing his field so that he can plant new trees, which is prohibited.

יגום – he razes and cuts down the tree and leaves the root in the ground, but he does not uproot it completely so that it will not appear like he is working the land.

One who thins out his olive-trees [in the seventh year]: Bet Shammai says: he cuts them down to the ground. Bet Hillel says: he may completely uproot them. According to Bet Shammai, the one who is thinning out olive trees in his field may only cut them down to the ground. He may not uproot them because according to Bet Shammai, this looks like he is preparing the field for planting. Bet Hillel, on the other hand, allows the person thinning out his field to completely uproot the trees. Evidently, Bet Hillel is not concerned lest this look like he is preparing the field for planting. Perhaps people will easily be able to notice that he is thinning out his field and not clearing the land.

ומודים במחליק – as for example, if he takes three olive [trees], one on the side of the other, that he smoothens the face of the field too much, they (i.e., people) will say that the intended to work the field, and that is prohibited.

They agree that if one levels his field, he can only cut them down to the ground. Bet Hillel agrees with Bet Shammai that if one is leveling the trees in his field, which means that he is cutting down more than just one or two in any one spot, he may only cut them down to the ground and he may not uproot them. Since when he is leveling them it looks more like he is clearing his field in order to prepare it for planting, he must be extra cautious to avoid giving this impression.

מתוך של חבירו כף המחליק ישרש- that a person doesn’t act that he clears/repairs the field of his neighbor, for it is known that intends only [to remove] the wood.

What is considered “thinning out”? One or two plants. And what is considered “leveling”? Three plants next to each other. The mishnah now defines the difference between thinning out and leveling. Thinning out is when he cuts down one or two trees and leaves the third tree next to them. Leveling is when he cuts down three adjacent trees.

This applies to his own property only, but from the property of another, even he that levels may uproot. The above halakhot refer to a case where one is working in his own field. However, if one is working in his friend’s field even one who is leveling may uproot the trees because no one will suspect him of clearing his friend’s field so that it can be planted. This is a similar concept to that which we learned in mishnah 3:6.

לא יחפה – that is split in the dirt, for he would be clearing/improving [the land] through this, for the dust becomes plaster and improves the tree.

Introduction This mishnah continues to deal with cutting down trees during the Shemitah year.

באבנים ובקש – for it is like restoring a guard that it should not dry out.

One who cuts down branches of an olive tree, he may not cover up [the stump] with earth, but he may cover it with stones or straw. This section deals with a person who cuts down branches of an olive tree. Covering up the stump with earth would improve the tree by allowing it to rejuvenate. Hence this is prohibited. However, he may cover it up with stones or straw. This would prevent the tree from drying out. Since this work maintains the health of the tree rather than improving the tree, it is permitted.

בתולת שקמה – [a virgin tree] that was never cut down.

One who cuts down branches of a sycamore tree, he may not cover up [the stump] with earth, but he may cover it with stones or straw. This section teaches the same halakhah with regard to sycamore trees.

מפני שהיא עבוה – and it improves it with this.

One may not cut down from a virgin sycamore in the seventh year, for this would constitute actual labor. A virgin sycamore is a sycamore from which branches have never been cut down. When one cuts the tree down to its roots it strengthens the tree by making it grow thicker. Since this improves the tree it is forbidden on the sabbatical year. Again, maintenance work is permitted but improving is prohibited.

כדרכה אסור – that it grows and becomes thicker with this, and it is like pruning the vines.

Rabbi Judah says: in its usual manner, it is forbidden. Rather he either cuts it ten handbreadths above [the soil], or he cuts it down to ground level. Rabbi Judah agrees that to cut down parts of the tree is forbidden, but he holds that if it is cut down in an unusual manner it is permitted. The usual way would be to cut it down to a size of less than ten handbreadths. This is prohibited. There are two unusual ways to cut it down. Either he cuts it down and leaves more than ten handbreadths, or he cuts it down all the way to the ground leaving nothing.

אלא מגביה עשרה – for it is not the manner ever to cut it other than below ten [handbreadths from the ground]

או גומם מעל הארץ – for it is not the manner to cut it as such. And the Halakha is according to Rabbi Yehuda.

המזנב גפנים – cut/lop off the extreme branches of the vine, on order that what grows from the trunk will grow and thicken and increase its strength, and similarly, he cuts reeds in order that they thicken and add to them.

Introduction This mishnah continues to deal with the subject of keeping trees healthy on Sheviit.

ירחיק טפח – [it should be distanced one handbreadth] from the ground and further it will not appear as work.

One who trims grape vines, or cuts reeds: Rabbi Yose the Galilean says: he must leave [uncut at least] one handbreadth. But Rabbi Akiba says: he may cut them in the usual manner, with the axe, sickle or saw, or with whatever he pleases. According to Rabbi Yose the Galilean when one trims grape vines or cuts down reeds in a marshy area, he must leave a handbreadth from where he trims or cuts to make sure that it doesn’t look like he is either pruning the grape vine or preparing the land for planting. Pruning is prohibited because it is done to improve the vine and preparing the land for planting is similarly prohibited. When he leaves the handbreadth it is clear that he is only cutting down in order to get the stuff out of the way. Rabbi Akiba is not concerned with this and allows him to trim the grape vines and cut the reeds in a normal manner.

שנפשה – that was split, like (Lamentations 3:11): “[He has forced me off my way] and mangled me.”

A tree that had split may be tied up in the seventh year, not that it may heal, but only that it should not widen. If a tree somehow split during the sabbatical year, it is permitted to tie it back together. However, the intent should not be so that the tree will heal because this would be improving the tree. Rather, the intent must be just to prevent worse damage from occurring. Again, improving is prohibited whereas maintaining is permitted.

לא שיעלה – that its split parts will not become reattached.

אלא שלא יוסיף – to split further.

מאימתי אוכלים פירות האילן בשביעית – because we have expounded, “to eat it” and not “to become lost” and if they eat them before they ripen, that is loss.

Introduction Fruits that grow on their own during the sabbatical year may be eaten. However, they must be fully ripe before they can be eaten. This halakhah is derived from a midrash on Leviticus 25:7 which states, “And the fruit of the field shall be for food.” From here the rabbis derived that only when fruit has become “food” can one eat it, and not before. Our mishnah defines how ripe a fig must be before it is eaten.

הפגים – unripe dates, as it is written (Song of Songs 2:13): “The green figs form on the fig tree, [the vines in blossom give off fragrance].”

From when may one begin to eat of the fruit of the trees in the seventh year? With unripe figs as soon as they assume a rosy appearance, one may eat them in the field with his bread. Once they have begun to ripen, he may take them home. When figs begin to ripen and to turn red, they may be eaten in the field with bread. Since this is a normal way of eating them, they may be eaten this way during the sabbatical year. When they have more fully ripened, they may be taken home, again because this is the normal time to gather figs into one’s home.

משהזריחו – they redden and this is the beginning of their ripening.

And similarly in the other years of the sabbatical cycle [when this latter stage has been reached] they are subject to tithes. Fruit is not liable to be tithed until it has ripened. So figs are not liable to be tithed until they have ripened, the time when one would bring them into one’s home. However, on the sabbatical year itself one need not tithe them at all because all produce is ownerless and ownerless produce need not be tithed. Thus there are no tithes during the sabbatical year.

אוכל בהם פתו בשדה – but to gather and to bring them into his house, he is not allowed until they should complete [their ripening].

בחלו – that it grew a great deal, and similar to it (Zechariah 11:8): “and they in turn were disgusted with me.” But in the Jerusalem [Talmud] it derives it from (Leviticus 25:7): “[and your cattle and the beasts in your land] may eat all its yield,” and it is written (Leviticus 25:12): “you may only eat the growth directly from the field,” with two grains the Biblical verse speaks – one from the house and the other from the field.

משהביא מים – when he presses the fruit/wrings them out, and the liquid comes out from them.

Unripe grapes: as soon as they contain juice he may eat them with bread in the field. When they have begun to ripen, he may take them home.
And similarly in the other years of the sabbatical cycle [when they have reached this latter stage] they are subject to tithes.
This mishnah continues to deal with when in its development may one eat fruit growing during the sabbatical year. Basically this mishnah is the same as yesterday’s and therefore does not need any further explanation.

משהבאישו – when they are called in the early stage of ripening, and that is when they begin to ripen and they have ripened until the shells of the grapes that are inside appear from the outside from within the shell.

רביעית לסאה – that from a Seah of olives, he is able to produce/bring forth a quarter of a Log of oil.

Introduction This mishnah completes the discussion of when various fruits are considered to be ripe enough to eat on Sheviit. It is interesting to note that the mishnah discusses only figs, grapes and olives. Clearly these are the most important trees in this region, and the only other common fruit that comes to mind is the date.

פוצע – it is the manner of olives to burst them open in order to sweeten their bitterness.

Olives, as soon as they can produce a quarter log [of oil] for each se'ah, they may be split and eaten in a field. When they produce a half-log, then he may crush them in a field and use their oil. When they have reached a third [of their overall potential], they may be crushed in the field and brought home. When it comes to olives, the rules are slightly more complicated since there are three stages of preparation and not just two, as there were with the figs and grapes. Also, olives are not eaten individually, and hence we must pay attention to how much oil they produce and not how ripe each individual olive is. When the olives are laden enough with oil that a seah of them can produce a quarter of a log of oil, then when he is still in the field he can split them and use the little oil that comes out. This oil will not be of great use to him. When they develop a little more, and can produce ½ of a log, then he can crush them but he still must eat them in the field. Finally, when they are able to produce a third of their potential of oil, which is considered to be three logs per seah, meaning they can now produce one log per seah, then he may crush them and bring the oil home.

ואוכל בשדה – for it is a thing whose manner is to eat it, but to pour oil, it was not fit, and they don’t pour oil other than from something whose manner is to pour oil.

And similarly in the other years of the sabbatical cycle [when they have reached this latter stage] they are subject to tithes. This is the same as section two in the previous two mishnayot.

הכניסו חצי לוג – when they became ripe until he is able to remove one-half a LOG from a Seah.

With all other fruit of trees [the season when they become due to be tithed] is the season when they are permitted in the seventh year. This section summarizes the laws found in this mishnah and in the two above. Just as we saw throughout, a fruit becomes permitted in the seventh year at the same time when it becomes liable for tithes in other years. It seems that this is generally when it is ripe enough to eat or use, even if it is not yet fully ripe.

הכניסו שלשי – when they have grown one -third from what they will eventually grow; alternatiely, when he removes from them now one-third from what he he removes for a Seah when they have ripened well.

כך עונתן לשביעית – one does not eat from them in the Seventh Year until they arrive at the season for tithing that is explained in the first chapter of [Tractate] Maaserot (see especially Mishnah 2), for especially figs and grapes and olives that are one eats customarily prior to their ripening, therefore, they permitted to eat of them in the field in the Seventh Year prior to their reaching the season of tithing, but ot with other fruit/produce.

אין קוצצין את האילן בשביעית – because the All-Merciful said, to eat them, but not to loss them, and I heard since the All-Merciful made them ownerless, for fruit, if he cut them down, he would rob the many.

Introduction During the seventh year it is forbidden to cause produce to come to ruin, because it must be for eating. Therefore, it is forbidden to cut down trees from the time that their fruit has begun to appear until the fruit is fully ripe. This is the period of time when the fruit needs to be on the tree in order to develop.

משיוציא – the beginning of the leaves in the days of Nisan.

From when may they no longer cut down trees in the seventh year? Bet Shammai says: every tree, after it has produced [fruit]. Bet Hillel says: carob trees after [the carobs] begin to droop, vines after the berries begin to be moist, olive-trees after they had blossomed, any other tree after it has produced [fruit]. According to Bet Shammai it is forbidden to cut down any fruit tree once the fruit has begun to appear on the tree. Bet Hillel gives different times for three of the most productive trees, the olive, the grape vine and the carob tree. In these three cases he seems to be slightly more lenient, allowing one to cut down the tree at a later period in its development than would Bet Shammai. However, when it comes to other trees, Bet Hillel agrees that it is forbidden from the time that the fruit begins to appear.

משישלשלו (let them down) -when they begin to become heaven and to hang down like a chain.

And any tree as soon as it reaches the season for tithes it may be cut down. Once the fruit has reached the season when it must be tithed before it is eaten (see above, mishnayot 7-9) the fruit is considered to be viable off the tree. Since the fruit can be used as food when picked, it is no longer considered to be ruining the fruit by cutting down the tree. Therefore, it is now permitted to cut down the entire tree.

משיגרעו – when they make kernels of fruit/stones; another explanation: the half-ripe grapes when [the grapes] grow and they become like a white bean that is called inferior.

How much should be on an olive tree such that it may not be cut down? A quarter [kav]. Rabban Shimon ben Gamaliel says: all depends on the olive-tree. This mishnah deals with a general prohibition of cutting down fruit-producing trees during any year. This prohibition is derived from Deuteronomy 20:19, which contains the prohibition of cutting down fruit-bearing trees when waging war. The olive tree is the most productive and important of the trees in the ancient Israeli economy, and, I should note, is still the most important agricultural product in many areas of Israel, especially certain Arab areas. According to the first opinion, if the tree can produce a quarter-kav of oil, then it cannot be cut down. Rabban Shimon ben Gamaliel says that it all depends on the tree, its size and the type of oil that it produces.

משינצו – when it grows a blossom, like (Song of Songs 2:12): “The blossoms have appeared in the land,” when they have reached these measurements it is forbidden to cut them in the Seventh Year.

מותר לקצצו – and there is nothing here because of loss of the fruit, or because of theft, to the other language, for the fruit is already appropriate for eating, and because he cuts down good trees, it is not if it of great monetary worth, for its worth is expensive for wood more than for a tree.

וכמה יהא בזית – It does not refer to the Seventh Year, but rather that it would be forbidden to cut it because cutting good trees, as it is written (Deuteronomy 20:19): “you may eat of them, but you must not cut them down.”

רובע –[one quarter] of a Kab, because it is considered greater from other trees, whereas, with the palm-tree, it is permitted to cut it until It is laden with a Kab.