Comentario sobre Peah 7:8
הַמַּקְדִּישׁ כַּרְמוֹ עַד שֶׁלֹּא נוֹדְעוּ בוֹ הָעוֹלְלוֹת, אֵין הָעוֹלְלוֹת לָעֲנִיִּים. מִשֶּׁנּוֹדְעוּ בוֹ הָעוֹלְלוֹת, הָעוֹלְלוֹת לָעֲנִיִּים. רַבִּי יוֹסֵי אוֹמֵר, יִתְּנוּ שְׂכַר גִּדּוּלָיו לַהֶקְדֵּשׁ. אֵיזֶה הִיא שִׁכְחָה בֶּעָרִיס, כָּל שֶׁאֵינוֹ יָכוֹל לִפְשֹׁט אֶת יָדוֹ וְלִטְּלָהּ, וּבְרֹגְלִיּוֹת, מִשֶּׁיַּעֲבֹר הֵימֶנָּה:
Quien dedica su viña antes de que los Olelot fueran discernibles, los Olelot no son para los pobres; después de que los Olelot fueron discernibles, los Olelot son para los pobres. El rabino Yosi dice: Dan el valor del crecimiento [agregado] [después de la dedicación] al tesoro del Templo. ¿Qué se considera Shikcha en un enrejado? Cualquier cosa que él [es decir, el cosechador] no pueda tomar estirando el brazo hacia atrás. ¿Y en corredores? Cuando se mueva de allí.
Bartenura on Mishnah Peah
משנודעו הועללות – when it is recognized what are grapes hanging down directly from the trunk and what is a bundle [of grapes].
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English Explanation of Mishnah Peah
Introduction
The first part of our mishnah deals with one who dedicates his vineyard to the Temple. The second half deals with what constitutes a forgotten cluster of grapes.
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Bartenura on Mishnah Peah
העוללות לעניים – A person cannot dedicate/sanctify [to the Temple] something that is not his.
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English Explanation of Mishnah Peah
One who dedicates his entire vineyard [to the Temple] before the “defective clusters” were recognizable, the “defective clusters” do not belong to the poor. After the defective clusters were recognizable, then they do belong to the poor. When one dedicates his vineyard to the Temple, we need to know whether or not the defective clusters still go to the poor. After all, these defective clusters are not really his to dedicate because they belong to the poor. The mishnah rules that if he dedicated the vineyard before the defective clusters were recognizable, then the whole vineyard belongs to the Temple, even the defective clusters that eventually grow there. This is because the agricultural gifts are not given from Temple property. However, if the defective clusters were already recognizable, then they were not his to dedicate in the first place. Hence they belong to the poor.
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Bartenura on Mishnah Peah
יתנו שכר גדולן להקדש – that which grows in value all the while that they are in the ground of something dedicated to the Temple. And the Halakha is according to Rabbi Yosi.
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English Explanation of Mishnah Peah
Rabbi Yose says: [the poor] must give the value of their improved growth to the Temple. Rabbi Yose adds in that in the case where the defective clusters belong to the poor, it turns out that the poor were benefiting by having their defective clusters grow from land that belonged to the Temple. Therefore the poor have to reimburse the Temple for the value of the improved growth from the time of the dedication until the time of the harvest. In this way they restore to the Temple the value of that which they benefited from Temple property.
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Bartenura on Mishnah Peah
בעריס – a vineyards where its vines hang on poles and trees, based upon the language (Song of Songs 1:16): “Our couch is in a bower.”
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English Explanation of Mishnah Peah
What is deemed “forgotten” in the case of a trellis [a lattice for supporting plants]? Anything that one can no longer stretch his hand and take it. The mishnah now completes its discussion of vineyards by delineating when something is deemed forgotten. When it comes to grapes growing on a trellis, they are deemed forgotten when the harvester has passed by them and cannot reach back and take them. Note that these grapes do not become forgotten automatically when the person passes by them.
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Bartenura on Mishnah Peah
כל שאינו יכול לפשוט – that is to say, after he has passed by them, and if in the place where he remembers he cannot stretch his hand and take, it is called concerning him, (Deuteronomy 24:19): “Do not turn back to get it.”
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English Explanation of Mishnah Peah
And in the case of ground-trained vines? From the time [the gatherers] pass by it. In the case of vines that are trained on the ground, they do become forgotten once the person harvesting the vineyard has passed by them.
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Bartenura on Mishnah Peah
אבל רוגליות –[grapes growing in a row on isolated vines] grapes that stand on the ground when they tread upon them with the foot.
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Bartenura on Mishnah Peah
משיעבור ממנה – that is forgetting, for each and every vine among the grapes growing in a row on isolated vines is considered like a border-bed/furrow on its own, and it is prohibited to return from one border bed to another border bed.
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