Kommentar zu Sheviit 9:8

והגיע שעת הביעור – the time of removal of he produce/produce according to their place, as is taught in the Mishnah above (Tractate Sheviit, Chapter 9, Mishnah 2): “Three regions with respect [to the laws] of removal, and in the Baraita (Tractate Pesahim 53a), we taught, that one consumes grapes until Passover, olives until Shavuot and dried figs until Hanukkah, dates until Purim and all of them of the Eighth Year. And these periods with mere [produce], if it was used up for the beasts of the field or not, but if it is known, everything is according to what had been used up.

Introduction Our mishnah deals with what one does with sabbatical year produce at the time of removal.

מחלקן מזון שלש סעודות לכל אחד ואחד – from the men of the house, and afterwards, he distributes to his neighbors, to his relatives and to his acquaintances; and he removes and places it on the entrance of his house and states: “Our brethren of the House of Israel: He who needs to take should take.”

If one had sabbatical produce [at home] and the time of removal had come, he may give out food for three meals to every one. The first thing that one may do with the sabbatical produce when it is time to remove it from one’s home is to give enough of it for three meals to any person he knows. Anything he can’t give away to people that he knows he must take out of his house and publicly declare, “My fellow Jews, anyone who needs to take should come and take.”

ועניים אוכלים אחר הביעור אבל לא עשירים – as it is written (Exodus 23:11): “[but in the seventh you shall let it rest and lie fallow.] Let the needy among your people eat of it, and what they leave let the wild beasts eat.”

Rabbi Judah says: the poor may eat from it even after the removal, but not the rich. According to Rabbi Judah, only poor people may come and take from this food. This is derived from Exodus 23:11, “Let the needy among your people eat of it.” Some interpret this to mean that the owner of the field who produced this food may not reclaim it for himself but all others may.

אחד עניים ואחד עשירים – they call concerning him (Exodus 23:11): “Let the needy” and also your people. And the Halakha is according to Rabbi Yossi.

But Rabbi Yose says: both the poor and the rich may eat after the removal. Rabbi Yose holds that not only the poor but also the rich may eat of this produce after the removal. According to this reading of Rabbi Yose’s words, the removal is somewhat of a formality, because after he removes it from his home and makes the declaration he may go back and reclaim it. The Rambam seems to have a different reading altogether. He holds that neither the poor nor the rich may eat of it. According to the Rambam removal means giving three meals worth of the food to any relatives, friends or acquaintances and then actually destroying whatever is left over.