Halakhah for Peah 7:7

כֶּרֶם שֶׁכֻּלּוֹ עוֹלְלוֹת, רַבִּי אֱלִיעֶזֶר אוֹמֵר, לְבַעַל הַבָּיִת. רַבִּי עֲקִיבָא אוֹמֵר, לָעֲנִיִּים. אָמַר רַבִּי אֱלִיעֶזֶר, כִּי תִבְצֹר לֹא תְעוֹלֵל (דברים כד), אִם אֵין בָּצִיר, מִנַּיִן עוֹלְלוֹת. אָמַר לוֹ רַבִּי עֲקִיבָא, וְכַרְמְךָ לֹא תְעוֹלֵל (ויקרא יט), אֲפִלּוּ כֻלּוֹ עוֹלְלוֹת, אִם כֵּן לָמָּה נֶאֱמַר כִּי תִבְצֹר לֹא תְעוֹלֵל, אֵין לָעֲנִיִּים בָּעוֹלְלוֹת קֹדֶם הַבָּצִיר:

If a vineyard consists entirely of Olelot, Rabbi Eliezer says: It is for the property owner; Rabbi Akiva says: It is for the poor. Rabbi Eliezer said: "When you harvest, do not take the Olelot" (Deuteronomy 24:21) - If you do not harvest, where do the Olelet come from? Rabbi Akiva said to him: “[from] your vineyard do not take Olelot (Leviticus 19:10)", [do not take it] even if it is entirely Olelot. If so, why does it say "When you harvest, do not take the Olelot"? [to teach that] the poor have no [rights] in the Olelot before the harvest.”

Sefer HaChinukh

I have written above in this Order on the commandment of the corner (Sefer HaChinukh) a little of the roots of the commandment and its laws. And there, it is written in which place it and all of the other gifts to the poor are practiced, and that the details of the commandment of the corner are elucidated in Tractate Peah. And we still must write here that which they, may their memory be blessed, said about bunchless grapes (Mishnah Peah 7:7): That if the whole vineyard was bunchless grapes, all of it is for the poor, as it is stated, "And [in] your vineyard, you shall not take the bunchless grapes" - and they, may their memory be blessed, expounded (Mishnah Peah 7:7), "even all of it [being] bunchless grapes." And [also that] the poor do not have the right to take the bunchless grapes until the owner of the vineyard begins to harvest his vineyard, as it is stated (Deuteronomy 24:21), "When you harvest your vineyard, you shall not take the bunchless grapes."

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