Mishnah
Mishnah

Tosefta for Peah 5:5

הַמַּחֲלִיף עִם הָעֲנִיִּים, בְּשֶׁלּוֹ פָּטוּר, וּבְשֶׁל עֲנִיִּים חַיָּב. שְׁנַיִם שֶׁקִּבְּלוּ אֶת הַשָּׂדֶה בַּאֲרִיסוּת, זֶה נוֹתֵן לָזֶה חֶלְקוֹ מַעְשַׂר עָנִי, וְזֶה נוֹתֵן לָזֶה חֶלְקוֹ מַעְשַׂר עָנִי. הַמְקַבֵּל שָׂדֶה לִקְצֹר, אָסוּר בְּלֶקֶט שִׁכְחָה וּפֵאָה וּמַעְשַׂר עָנִי. אָמַר רַבִּי יְהוּדָה, אֵימָתַי, בִּזְמַן שֶׁקִּבֵּל מִמֶּנּוּ לְמֶחֱצָה, לִשְׁלִישׁ וְלִרְבִיעַ. אֲבָל אִם אָמַר לוֹ שְׁלִישׁ מַה שֶּׁאַתָּה קוֹצֵר שֶׁלָּךְ, מֻתָּר בְּלֶקֶט וּבְשִׁכְחָה וּבְפֵאָה, וְאָסוּר בְּמַעְשַׂר עָנִי:

Someone who exchanges [his produce] with the poor [i.e. their gifts from the field], what is [now] his is exempt [in tithes] and what is [now] the poor person's is obligated [in tithes]. If two [poor people] received a field as sharecroppers, one may give the other <i>Ma'aser Ani</i> [a second tithe given to the poor in the the third and sixth years of the Sabbatical cycle] from his portion, and that other may give him <i>Ma'aser Ani</i> from his portion. Someone who contracts for a field to harvest, is forbidden in [taking] <i>Leket</i>, <i>Shikhechah</i>, <i>Peah</i>, and <i>Ma'aser Sheni</i>. Rabbi Yehudah said: When? At a time that he contracts for a half, a third, or a fourth [of the harvest]. But if he said to him, "a third of what you harvest is yours", [then] he is permitted in [taking] <i>Leket</i>, <i>Shikcha</i>, and <i>Peah</i> and forbidden in <i>Ma'aser Sheni</i>.

Tosefta Peah

[If a poor worker] received [a one time job] to harvest a field, [then] his son cannot glean [the gifts to the poor right] after him [before other poor people will have a chance to glean that field]. Rebbi Yossi says, “His son may glean after him.” But sharecroppers, and [regular] tenants, and a person who sells his standing crops to his friend in order [that his friend should] harvest them, [in all of these cases] his (i.e. the sharecropper’s, or tenant’s, or friend’s) son can glean [the gifts to the poor right] after him [before other poor people will have a chance to glean that field]. If there were [in the field] poor people who are not fitting [to be allowed] to glean [the gifts to the poor, then] if the owner of the field can prevent them [from gleaning], he is allowed to do so, but if [he is] not [able to prevent them from gleaning, then] he should leave them alone [and let them glean anyway] because of peaceful relations [between people].
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