Commentary for Kilayim 7:10

Introduction The first three mishnayot of our chapter deal with an ancient vineyard farming technique called “bending” or “havracha” in Hebrew. Basically one takes a vine bends it into the ground and then takes the other head of the vine out of the ground in another place from where it will grow a new vine. The advantage gained through this technique is that he now gets a new vine that is in a sense “nursed” by its mother vine, at least for the time being. This is less risky and simpler than starting a new vine from scratch. Using this technique one can also allow more vines in his vineyard. The mishnah deals with the implications that this technique has on the laws of kilayim.

If one has bent a vine into the ground [and then brought it back up elsewhere], then if there is not soil over it to the height of three handbreadths, he may not sow seed above it, even if he bent [and conducted it underground] through a gourd or through a pipe. The issue here is whether one can plant seeds on top of the vine that is being conducted underground. The mishnah states that if there are not three handbreadths of soil above the vine he may not sow seeds there. This rule holds true even if he conducted the vine through a dried-out gourd, which would have been used as a pipe, or a regular pipe made out of clay. Since the seeds can pierce the walls of the gourd or the clay pipe, they are not sufficient to cause a break between the seeds and the vine.

If he bent it [and conducted] it through rocky soil, then even if there is not soil over it to the height of three handbreadths, it is permitted to sow seed above it. However, if the soil is rocky and the seeds will not be able to penetrate it and thereby come into contact with the vine, then he does not need three handbreadths of separation.

As for a knee-like vine [formed by burying and conducting it underground], they don’t measure [for how much space to work it] except from its second root. When the vine is taken out of the ground after having been conducted from there from the mother vine, it will bend down and form a knee-like point which is called an “avrucha.” When measuring how much space the vine needs to be worked, they measure from the second spot where the vine seems to come out of the ground, at this joint, and not from the root where it first comes out of the ground.

Introduction The first section of this mishnah continues to discuss laws related to vines which have been bent into the ground, and then their heads brought up elsewhere to start new vines. The following three sections discuss three instances where it is prohibited to sow seeds but if he does sow seeds, the seeds are not prohibited as kilayim.

One who has bent [and conducted underground] three vines, and their [original] stems are visible, Rabbi Elazar bar Tzadok says: if there is between them from four to eight cubits, they combine, if not, they do not combine. A person has taken three vines, bent their ends into the ground, conducted them elsewhere and then brought them back up again. It now looks as if he has two rows of three vines, which in normal cases constitutes a vineyard (see 4:5-6). Rabbi Elazar bar Tzadok says that this constitutes a vineyard only if the old vines and new vines are four to eight cubits apart. If they are separated by more than eight cubits, than they are too far apart and hence don’t combine. If they are too close together then they don’t look like two different rows and since they are really the same vines, they don’t constitute a vineyard. In these situations, he need only distance six handbreadths in order to plant seed. However, if the “mother” vine and its offspring are between four and cubits apart then they do constitute a vineyard and he must distance the seed four cubits from it.

A vine which has dried up, it is forbidden [to sow near it], but it does not prohibit [the seed as kilayim]. A vine which has dried up does not have the same prohibitions connected to it as does a live vine. Nevertheless, because it is still a vine it is prohibited to plant seeds near it. If, however, one does plant seeds, the vine doesn’t cause the seeds to become kilayim.

Rabbi Meir said: the same applies to a cotton plant, it is forbidden [to sow near it], but it does not prohibit [the seed as kilayim]. The same halakhah holds true for the cotton plant, which resembles a grape vine, and also is called “tzemer gefen” (literally, the wool of the vine) which is similar to the word for vine, gefen. It is prohibited to plant seeds in proximity but if one does, the seeds are not prohibited.

Rabbi Elazar bar Tzadok said in his name: above the vine too, it is forbidden [to sow near it], but it does not prohibit [the seed as kilayim]. Rabbi Elazar returns to discuss planting seeds on top of the vines which are conducted underneath the ground. While it is forbidden to plant on top of these buried vines unless there are three handbreadths of soil, if he does plant seeds there, the seeds are not forbidden as kilayim.

Introduction This mishnah continues to deal with situations in which it is prohibited to plant seeds, but if the seeds are planted there, they do not become kilayim.

The following are forbidden, but they do not prohibit [the seed sown there]:
The remainder of a [legally inadequate] empty patch ( of a vineyard. In mishnah 4:1 we learned about the empty patch in the vineyard, and that the patch must be 16 cubits before one can sow seeds there. If the patch is not large enough then it is forbidden to plant in the patch, even if he leaves four cubits of space to work the vineyard. However, since he did leave room to work the vineyard, the seed is not prohibited as kilayim.

The remainder of a [legally inadequate] mehol of a vineyard. The mehol is the empty space between the vineyard and a fence. If this space is 12 cubits then it is permitted to sow seeds there. It is forbidden to sow seeds if there are less than 12 cubits, but if he leaves four cubits space to work the vineyard, then the seeds are not kilayim.

The remainder of a [legally inadequate] aris-gap. We learned about sowing seeds in the gap of an aris (a trellis) in 6:6 there must be a gap of more than eight cubits between the sections for it to be permitted to sow seeds there. It is forbidden to sow seeds if there are 8 cubits or less, but if he leaves six handbreadths to work the individual vines that are left, then the seeds are not kilayim.

The [ground under the] remainder of papyrus-ropes [of a trellis]. We learned about these ropes in 6:3. These ropes were used to extend the vine to help keep it up. It was forbidden to plant underneath the ropes, but if one does the seeds are not prohibited.

But [the ground] beneath a vine, and within the place left to work a vine, and the [ground within] four cubits of a vineyard, these do prohibit the [seed sown there]. In contrast, in these situations if seeds are planted they are prohibited as kilayim. There are three such situations: 1) planting directly underneath the vines; 2) planting within the six handbreadths which one must leave to work an individual vine; 3) planting an area of four cubits within a vineyard.

Introduction In this mishnah and the two that follow, we learn about what happens if one person sows seed in someone else’s vineyard or someone puts a vine over someone else’s grain. Does this make the grain into kilayim?

One who causes his vine to overhang his fellow’s grain, behold he has caused the grain to be prohibited and he is responsible for it. According to the first opinion, when a vine is hung over grain it causes the grain to become kilayim, even if the grain doesn’t belong to the person who hung up the vine. Since he has ruined someone else’s property, he must pay for the damage he has caused.

Rabbi Yose and Rabbi Shimon say: a person does not prohibit [as kilayim] that which is not his own. Rabbi Yose and Rabbi Shimon hold that a person can’t make kilayim in someone else’s vineyard. This is derived from a midrash on Deuteronomy 22:9, which states, “Don’t seed your vineyard kilayim.” From the word “your” the rabbis learn that this rule applies to one who seeds his own vineyard, and not one who seeds someone else’s vineyard.

Introduction This mishnah is a continuation of yesterday’s mishnah.

Rabbi Yose said: It happened that a man sowed [seed in] his vineyard in the sabbatical year, and the matter came before Rabbi Akiva, who said: a person does not prohibit [as kilayim] that which is not his own. During the sabbatical year produce grown in one’s field is considered ownerless anyone who wants can come and take it, although he is not allowed to sell it. Therefore, Rabbi Akiva takes the rule that we learned in yesterday’s mishnah, “a person does not prohibit [as kilayim] that which is not his own” and applies it to the case that comes before him, of one who sowed his own vineyard with seed during the sabbatical year. Rabbi Akiva rules that the seeds are not prohibited as kilayim.

Introduction This mishnah deals with a case where a person was forced off of his property by another person, called an anas, a term which I have translated as “forceful occupier.” Evidently, this was a problem in the tannaitic period, and there are a number of halakhot that deal with the phenomenon (see for instance Mishnah Sanhedrin 3:3). In our case, the anas sows seeds in the vineyard and then the rightful owner gets his property back. As we learned in yesterday’s mishnah, since the vineyard does not belong to the anas, the seeds are not forbidden immediately. The question that our mishnah asks is: when the property reverts to the original owner what does he have to do to prevent the seeds from becoming forbidden?

If a forceful occupier ( has sown seed in a vineyard, and it went out of his possession [and reverted to the rightful owner], he (the original should cut it down, even during hol hamoed. As soon as the land reverts to its rightful owner (a Jew) he must immediately cut down the seeds before they begin to grow. He must do so even on hol hamoed, when it is normally forbidden to work the field.

Up to what amount should he pay the workers? Up to a third. In order to cut down these seeds as promptly as possible, he must hire workers to do so. In other words, he can’t just cut them down himself if it will take him too long to do so. The mishnah asks how much he must pay these workers. There are two opinions as to what “up to a third” means. The first opinion is that he must pay them up to a third more than the usual wages. Another interpretation is that he must pay them up to a third of the value of the vineyard. Either way, he must spend a considerable sum of money to get rid of the seeds before the whole vineyard becomes prohibited.

If [they demand] more than this, he should cut it in his usual way even if he has to keep cutting after the festival. If the workers ask for more money, then he need not pay them such an exorbitant amount. Rather he can just cut the seeds down at his own pace, even if he won’t finish the work until after the festival.

At what point is he considered a forceful occupier (? From the [the name of the original owner] has sunk [into oblivion]. Finally, the mishnah asks what the definition of an anas is, in relation to the previous halakhah. In other words, in what situation must a person who gets his field back act according to the previous halakhah. The answer is that the field must have been called by the anas’s name, and not by the name of the original owner. If, however, the seeds were simply planted by someone who had not taken forceful possession of the field, or if the field was not yet recognized as belonging to the anas, then the rightful owner need not cut the seeds down with such haste, as we learned in yesterday’s mishnah. The reason why the law is stricter in the case of the anas is that people think that the field belonged to the anas and if the seeds are not prohibited they will think that the laws of kilayim are not being observed. In contrast, in other cases they will realize that someone planted seeds in a field that belonged to someone else and that this does not constitute a situation of kilayim.

Introduction The first part of our mishnah deals with the situations in which vines or produce seeds grow so that the vines cover the produce, without them having been planted this way. The second half of the mishnah deals with the important question at one point it becomes possible for vines and produce to become prohibited as kilayim.

If wind has blown vines [so that they hang over] grain, one should immediately fence them apart. Since the person did not hang the grapes over the grain, they are not prohibited immediately. What he needs to do is fence them apart immediately, otherwise they might, under certain circumstances, become prohibited.

If an unforeseeable event occurred to him, it [the grain] is permitted. If something happens that prevents him from tending to this problem immediately and the grain grows while the vines hang over it, they are not prohibited. However, if he is simply negligent and doesn’t separate the vines and grains, then they do become prohibited once they grow 1/200 of their size (see 5:6).

If grain is bent [and the ears reach] beneath a vine, similarly in the case of vegetables, one should turn them back, and it does not prohibit [as kilayim]. In this case the ears of the grain grow into the area covered by the vines and not the vines into the grains (kind of reminds me of “your chocolate got in my peanut butter, your peanut butter got in my chocolate”). Since the grain’s roots are not covered by the vines and only the ears are covered, there is no prohibition. The same holds true for vegetables which grow underneath a vineyard only the roots cause the prohibition to take effect.

From what stage does grain prohibit kilayim? From the time it has struck root. Grain does not begin to cause a prohibition in a vineyard until the grain has struck root. Others interpret the word for “struck root” as if it reads, “until it has grown to one third” of its eventual height. If he uproots the grain before this point, then there is no kilayim prohibition.

And grapes? From the time they become as large as white beans. Grapes cannot be prohibited until they grow to be as large as white beans. If he harvests them before they grow to this size, then they are not prohibited.

Grain which has become completely dried out, and grapes which have fully ripened no longer prohibit as kilayim. This is the opposite of the previous two sections. If the grain or grapes are completely ripe and only afterwards do they come to be in a potential state of kilayim, they are not prohibited. In other words, in this mishnah we learn that for grain and grapes to be prohibited as kilayim they have to be in contact during a window of time that begins when they grow to a certain size and is completed when they are done growing.

Introduction This mishnah deals with seeds of grain that were sown in a flowerpot and then brought in to a vineyard. This creates a situation of kilayim depending on whether the flowerpot is perforated. If it is perforated, then that which grows in the pot is treated as if it is grown in the ground. If it is not perforated, then it is not considered as if it is grown in the ground.

[Seed sown in a] perforated flowerpot, prohibits [as kilayim] in a vineyard. A flowerpot that is perforated is treated like the earth. If one plants seeds in such a pot and then puts the pot in a vineyard the seeds and grapes are kilayim and are prohibited.

[In] one not perforated, does not prohibit [as kilayim]. However, if the pot is not perforated, then nothing is prohibited as kilayim.

Rabbi Shimon says: both are forbidden but neither prohibits. According to Rabbi Shimon, while it is forbidden to bring either type of pot with seeds into the vineyard, neither of them becomes kilayim. Rabbi Shimon disagrees specifically with the opinion in section one. He holds that even perforated flowerpots are not treated like the ground.

One who carries a perforated flowerpot through a vineyard, if [that which is sown in it] grows a two-hundredth part, it is forbidden. This section discusses a person who carries a perforated flowerpot through a vineyard, and doesn’t put it on the ground, as was the situation in section one. The mishnah rules that if the seeds that are in the pot grow 1/200 of their size while being carried through the vineyard, they are forbidden to eat. However, they are not strictly kilayim, nor do they cause the grapes to be kilayim either.