Comentario sobre Sheviit 5:11

בנות שוח (a species of white figs) – white figs that grow from every three years to another three years.

Introduction When determining whether fruit is considered to be “fruit of the sabbatical year,” we go after the time that the fruit begins to appear on the tree. Therefore, a fruit that begins to appear in the seventh year and is not picked for another two years is considered to be “sabbatical fruit” and all of the laws governing this “sabbatical fruit” will apply to this fruit, even though it is picked long after the seventh year is over.

שביעית שלהם שנה שניה – of the Shemitah cycle for fruit that assume the shape of fruits in the Seventh Yar, their ripening is not completed until the second year of Shemiah which is three years from their formation of fruit and then the law of the Seventh Year applies to them, for we go after the formation of fruit.

White figs: their “sheviit” is in the second year [of the sabbatical year], since they ripen once in three years. White figs take three years to ripen. Hence, white figs that begin to appear on the tree during the seventh year will be picked three years later during the second year of the sabbatical cycle. This fruit will have the status of “sabbatical fruit.”

פרסיות – a species of figs that produce from two years to another two years. But the Halakha is not according to Rabbi Yehuda.

Rabbi Judah says: Persian figs, their “sheviit” is in the year following the seventh year, since they ripen once in two years. Thereupon they said to him: this was said only of the species of white figs. Rabbi Judah says that a similar law applies to Persian figs which take two years to ripen. The other rabbis respond that the law stated in section one was stated only in regard to the white figs. All other fruit ripen in one year. It seems that they are disagreeing here about reality. The other rabbis seem to say that all fruit (at least the fruit which were known to them) is fully ripe the same year that it begins to grow, with the one exception of the white fig. Rabbi Judah says that there are other species to which this halakhah applies, including the Persian fig.

הטומן את הלוף (he who stores LOF/ a plant with edible leaves and root, and bearing beans – classified with onions and garlic) – a kind from the species of onions that are customarily stored in the ground.

Introduction This mishnah and the next three mishnayot all deal with the “luf,” a type of onion. The practice was to store the luf underground in order to preserve it. The problem on Sheviit is that this might look like planting, which is forbidden on sheviit.

לא יפחתו מסאתים – because it appears like sowing, until he stores from them two Seah in one digging at the height of three handbreadths, so that they will not be scattered, but rather it will be the height of a pile and gathered three handbreadths and a handbreadth of dirt on top of the pile.

One who buries luf (a type of in the soil during the sabbatical year:
Rabbi Meir says: it must be not less than two seahs in quantity, three handbreadths in height, and covered with earth one handbreadth deep. According to Rabbi Meir, he needs to bury at least two seahs worth of luf-onions (=12 kab). The heap of luf that he is going to bury must be at least three handbreadths high and he must cover it with at least one handbreadth deep of soil. If he fulfills these three conditions, then he can bury the luf without it looking like he is planting it, because no one would plant in such a manner.

וטומנו במקום דריסת האדם – in order that it would not grow. And the Halakha is according to the Sages.

The sages say: it must be not less than four kabs in quantity, one handbreadth high, and covered with earth one handbreadth deep. The sages rule more leniently than does Rabbi Meir. The quantity of luf that must be buried can be lower and the heap need not be as large. However, they agree that it must be covered with earth at least one handbreadth deep.

And he should bury it in a place where people walk. In order to prevent the luf from sprouting and growing they should plant it in a place where people walk. This would also seem to serve well in distinguishing between storing and planting one does not plant in a place where people will trample the plants.

לוף שערבה עליו שביעית – and entered upon it the Eighth Year when it endures a long time attached in the ground.

Introduction During the sabbatical year any one can come and take the produce. Our mishnah deals with luf which has remained in the ground during the seventh year and is not picked until the eighth year.

אם לקטו ענבים את עליו לקטו – as the leaves of he LOF/a plant with edible leaves and root, and bearing beans (of the onion species) they have removal (in the third and sixth years of the Sabbatical cycle) but if they were uprooted , they don’t have removal as is taught in the Mishnah further on in Chapter 7 (Mishnayot 1-2), therefore, if the poor gathered their leaves in the Seventh Yeaer, they gathered them, and if not, and they entered into the Eighth Year and the leaves grew, it was found that the growth of the Seventh Year and the Eighth Year were combined together.

Luf which has remained [in the ground until] after the passing of the seventh year:
Rabbi Eliezer says: if the poor had gathered its leaves, then they have gathered. If not, then an account must be made with the poor. Luf can remain in the ground for several years before it needs to be picked. Our mishnah talks about luf that could have been picked during the seventh year, but was left in the ground until the eighth year, thereby giving it time to grow. Rabbi Eliezer rules that if the poor people gathered it during the seventh year, then it is theirs and they need not compensate the field owner for the fact that he was planning on leaving the luf in the ground until the eighth year. If the poor people don’t gather the luf, then the field owner owes them for the benefit he gained by having the luf remain in the ground during the seventh year. In other words, the luf during the seventh year really belongs to the poor people and if they don’t collect it the field owner must compensate them, at least partially, for the fact that they did not do so.

יעשה חשבון – and he should estimate how much of them grew in the Seventh Year and give it to the poor, as Rabbi Eliezer holds like Rabbi Yehuda who staed further on that the poor eat after emoval and not the rich.

Rabbi Joshua says: if the poor had gathered its leaves, then they have gathered. If not, the poor have no account with him (the field owner). Rabbi Joshua agrees that the poor have the right to gather its leaves during the sabbatical year. However, if they don’t gather them, then they have no right to request from the field owner the amount that they had lost.

רבי יהושע אומר אין לעניים עמו חשבון – that he (i.e., Rabbi Yehoshua) held like Rabbi Yossi who stated further on (Tractate Sheviit, Chapter 9, Mishnah 8) that both rich and poor eat the produce after the time of the removal. And the Halakha is according to Rabbi Yehoshua.

לוף של ערב שביעית – that was completed from the eve of the Seventh Year and it didn’t add growth in the Seventh Year, for it he added growth in the Seventh Year it is forbidden to uproot it because of loss of fruit.

Introduction This mishnah deals with three types of plants that are customary to leave in the ground even after they have fully ripened. It is customary to uproot these plants with a rake and not by hand. The problem with the rake is that it might look like he is working the land, which is of course, forbidden on Sheviit. Surprisingly, the first of these plants is my favorite and yours as well, the luf.

הקיצונים – there are those who interpret that they were sown in the summer, and there are those who interpret that theya re unique to the summer in that they are very dry.

Luf of the sixth year that has entered the seventh year, similarly summer onions and puah (madder) grown in good soil:
Bet Shammai says: they must be uprooted with wooden rakes. According to Bet Shammai, when one wishes to uproot these types of plants, he must do so with a type of instrument which differs from the one normally used. This will show everyone that his intention is not to work the land but rather to just uproot the plants.

פואה (dyer’s madder growing on choice land) – that grows in a rich field; פואה/dyer’s madder , the red color that we call in the foreign language ROYAH.

Bet Hillel says: [even] with metal rakes. Bet Hillel disagrees and holds that he may do so with the normal metal rakes, the same way that he always does.

במארופות של עץ (with a wooden shovel/rake) – with a hoe that they dig with it the ground, of wood, and not of iron, so that it would not appear as working the land.

They agree in the case of puah with strong roots, that they may be uprooted with metal spades. Bet Shammai agrees that if he wishes to uproot puah that has strong roots, and the wooden rake is not sufficient, that he may use the metal rake.

בקרדומות של מתכת – and we aren’t concerned that perhaps that it looks like work.

בפואה של צלעות – like סלעות/stony-rocky areas with the letter “SAMEKH,” madder’s dye that grows between the rocks since there is no path to sow there , it does not look like working the land. Another explanation: צלעות – like (Exodus 26:20): “And for the other side wall of the Tabernacle,” meaning to say, the sides of the field, where it is not the practice to sow there.

רבי יהודה אומר מיד – and even though that with the rest of the vegetables, Rabbi Yehuda admits that it is prohibited until he makes something in a similar manner; the LOF (plant with edible leaves and root of the onion species) since he must uproot it, according to the School of Shammai with a wooden rake, and according to the School of Hillel with metal spade , there is no way to uproot it in the Seventh Year other than through a change of form, therefore, on the aftermath of the Seventh Year, there is no prohibition found on hand, and because of this, it is permitted immediately, but regarding vegetation where they did not decree that they should not detach it because its path is found at hand, it is also forbidden during the Eighth Year, therefore, it is prohibited until he does something in a similar manner.

From when may one buy luf after the seventh year? Rabbi Judah says: immediately. But the sages say: [only] after the new crop has appeared. Our mishnah discusses when a person can begin to sell luf after the seventh year is over without people suspecting that the luf was sabbatical year produce. According to Rabbi Judah, he may begin to sell it immediately. Although, as we shall see when it comes to vegetables, anything bought after the seventh year must be treated like seventh year produce until enough time has passed for new vegetables to grow, with luf they were less stringent because we can assume that luf in the eighth year is actually from the sixth year. The other rabbis hold that luf is treated the same way as other vegetables it too is forbidden until there has been enough time for a new crop to appear.

מירבה (בו) החדש – in the Jerusalem [Talmud] it explains that this is from Passover onwards. And the Halakha is according to the Sages.

שאין האומן רשאי למכרן בשביעית – for someone who is suspected [of violating] on the Sabbatical/Seventh Year , but for someone who is not suspected, he perfmitted for he doesn’t acquire but rather stores it away/hides it until [after] the Seventh Year.

Introduction This mishnah deals with selling implements which could be used to transgress the laws of the sabbatical year. The rabbis did not allow one person to aid another to transgress by selling to that person a tool which he could use to transgress another commandment. We should note that according to commentators, the mishnah refers to selling these things to someone who is suspected of not observing the laws of the shemittah.

מזרה (winnowing fan) – that scatters/winnows the grain in the granary/threshing floor.

These are the implements which a craftsman may not sell in the seventh year:
A plow and all its [accompanying] implements, a yoke, a winnowing-fan, and a pickax. This section contains a list of implements that are only used for labors prohibited on the seventh year. The plow and the yoke are used for plowing which is clearly forbidden. The winnowing fan is used to separate wheat from chaff. While this is permitted, it is only permitted in small, personal quantities. Since this type of fan is used for large quantities of wheat or other grain, one cannot sell such a fan on the sabbatical year. The pickax was used to dig holes, which was also forbidden.

דקר (pronged tool/mattock) – a kind of iron handle of a tool/peg is called KOLTERO in the foreign language, and it is made to dig the ground with it, such as the language (Numbers 25:8): “[he (Phinehas) followed the Israelite into the chamber] stabbed both of them [the Israelite and the woman, through the belly].”

But he may sell a sickle used by hand, a scythe, and a cart with all its implements. This section lists implements which could be used to perform prohibited labors but also could be used to perform permitted labors. One may assume that the person to whom one sells will use them appropriately and hence they may be sold on the seventh year. A hand sickle would be used to harvest a small amount, for personal use, which one may do on the sabbatical year. Similarly, a scythe would be used for smaller amounts and is permitted. The cart can be used for forbidden work, but could also be used to transport things that one is allowed to carry.

מגל יד ומגל קציר ועגלה – they are permitted [to be sold] lest he [wishes] to reap from that which is ownerless and to bring [it] in a wagon for the food of his household, but it is not prohibited other than to bring a lot to make a storehouse.

This is the general principle: any tools designed for work involving a transgression [in the seventh year] is prohibited; but if for a forbidden and a permissible purpose, it may be [sold]. This is the general rule that summarizes the details found in the previous two sections. It is not unusual for the Mishnah to provide both a general rule and detailed examples.

היוצר – an artisan who makes earthenware vessels sells even to be suspected [of violating] the Seventh Year five pitchers of oil and fifteen pitchers of wine, and there is nothing to be anxious about lest perhaps he wants all of them for oil or all of them for wine, for they are recognized – those of wine from those of oil, that the dust that the wine pitchers make is not similar to the dust that the pitchers of oil makes from them.

Introduction This mishnah deals with a potter who wants to sell jars to a customer during the seventh year. Again, he may not sell more than the amount normally needed for personal usage. As a reminder, during the sabbatical year one can harvest fruit that grows on its own and use it for personal needs. But one may not sell the produce nor may one store it beyond the time when such produce can be found in the fields. Produce found in the fields is considered ownerless, no matter who owns the field.

ואם הביא יותר מכאן מותר – and we don’t concern ourselves lest from that he brought that which is preserved from the Seventh Year.

The potter may sell five oil-jars and fifteen wine-jars, for this is the usual amount one collects from ownerless produce. A potter can sell up to five oil jars and fifteen wine jars, for this is a usual amount that a normal person would need to collect ownerless olives and grapes from the field and turn them into oil and wine.

ומוכר לגוים בארץ – and we don’t concern ourselves less the heathen will go back and sell them to an Israelites that is suspected [of violating the Sabbatical year].

But if he brought more, it is still permitted. If the person gathering the ownerless oil and wine brought in more olives and grapes than just five oil-jars or fifteen wine-jars worth, then one still may use this olive oil and wine. For instance, if I go to your house and you have gathered more than this amount I can still eat your food, as long as you are not making a business out of it or keeping it longer than is allowed. Nevertheless, it is still prohibited for a potter to sell more than five oil jars or fifteen wine jars because we could assume that a greater amount would be used to market the oil or wine.

ולישראל בחוצה לארץ – and we don’t concern ourselves lest he bring them into the Land [of Israel]; alternatively, lest he place within them wine or oil of the Seventh Yar that he brought from the Land of Israel, for the Sages were not that stringent.

He may also sell [more jars] to Gentiles in the land of Israel and to Jews outside of the land. The laws of sheviit apply in the land of Israel to Jews only. Therefore, a potter can sell whatever he wants either to a non-Jew living in the land of Israel or to a Jew living outside the land. He is not responsible if the non-Jew should subsequently sell the jars to a Jew or a Jew should bring them to the land of Israel and use them there against the halakhah. There is, after all, a limit to a person’s responsibility to not aid others in transgressing. Another example would be that while the potter cannot sell the jars in the seventh year, he can sell them in other years, even though they may be used eventually in the seventh year.

שהוא יכול לשחטה – and in whatever that we are able to leave in suspense, we do so. But the School of Shammai holds that it is not the practice at all to slaughter a cow that is about to engage in plowing.

Introduction This mishnah continues to deal with selling things to a person who is suspected of not observing the laws of sheviit, for fear that he may use them inappropriately on sheviit.

אפילו בשעת הזרע – and we don’t say that definitely he purchases it for sowing for he wants that we assign it for eating.

Bet Shammai says: one must not sell him a plowing cow in the seventh year. But Bet Hillel permits, since he may slaughter it. Bet Shammai seems to disagree with the rule that we learned in mishnah six above, that if something can be used for both a prohibited and a permitted purpose, one can sell that thing to a person suspected of transgressing the laws of sheviit. A cow that is generally used for plowing is the example that the Mishnah uses. According to Bet Shammai, one cannot sell such a cow to a person suspected of transgressing sheviit. Bet Hillel, on the other hand, holds that this is permitted because it is possible that the person bought the cow in order to slaughter it. Bet Hillel gives the person the benefit of the doubt, whereas Bet Shammai does not.

שיש לו גורן – and we are not concerned lest he measures it to bring into the store house, for one can designate it for grinding it that he measures it.

One may sell him produce even at sowing time. One may sell produce to a person suspected of transgressing sheviit even at the season when a person sows seed. We do not suspect that he is buying the produce in order to use its seed rather we assume that he is buying it in order to eat it.

ופורט לו מעות – he exchanges money with pennies.

And one may lend him a seah measure, even though he knows that he has a threshing-floor. It is permitted to lend this person a utensil which measures a seah and we don’t suspect that he will use it to measure wheat in order to sell it. Rather we assume that he might need to measure it in order to know how much he needs to grind.

אע"פ שהוא יודע שיש לו פועלים – and it is found that he is assisting in transgressing [working the fields on the Sabbatical Year] , that we say lest for the rest of his needs he requires it.

One may exchange coins for him, even though he knows that he has workers. If this person asks to make change, one may exchange coins with him even if he suspects that the person may use the coins to pay workers to do work prohibited on the sabbatical year. Again, we give the person the benefit of the doubt and assume that he may need the coins for some permitted purpose.

וכולם – if they explained that for a forbidden matter he wants them, it is forbidden.

But all these things, if he expresses [that they will be used for unlawful purposes], then they are forbidden. If the person borrowing or buying these things expresses that he is intending to use them for a prohibited purpose, then it is clear that one may not sell or loan to him, or do any of the activities mentioned in the above mishnayot. We obviously cannot give him the benefit of the doubt if he says that he is going to use them for a prohibited activity.

החשודה על השביעית – to eat the fruit/produce of the Seventh Year after the removal [of the fruits of the third and sixth years of the Sabbatical cycle – see also Deuteronomy 26:12-14).

Introduction This mishnah continues to deal with lending instruments to a person who may commit a transgression with that instrument.

נפה (sieve/winnow) – that I say to count in it money and she purchases it.

A woman may lend to her neighbor who is suspect of transgressing the laws of the sabbatical year, a sifter, a sieve, a hand-mill, or an oven. The first section continues to deal with lending instruments to a person who may not observe the sabbatical year. Again, since these instruments might be used for a permitted purpose, they may be loaned out, even though they may also be used for a prohibited purpose. The specific suspicion here is that the woman has stored her produce after the time when that produce no longer exists in the field. At this time, one is supposed to clear the produce out of the house so for instance if dates are still on the palm, one may store them in the house, but once they are no longer found outside, one must clear them out of her home. The sifter, sieve, hand-mill and oven might all be used to process such produce (especially grain), but they may also be used to process food that one is allowed to keep in the house either non-sabbatical year produce or produce that still exists in the field. Therefore, she may lend them to her.

כברה (basket used as a sieve) – I say [to her] to sift the sand in it.

But she may not sift or grind with her. Although she may lend these instruments to her, she may not go so far as to actually grind or sift with her. We learn here an important principle one may extend the benefit of the doubt to others, but one also should keep some distance if there is concern that such a person is transgressing. This is what will be stated in section four one may not aid those who commit a transgression.

רחיים (millstone) – for perhaps to grind them ingredients of frankincense.

The wife of a haver may lend to the wife of an am haaretz a sifter and a sieve and may even sift, grind, or sift flour with her. The mishnah now moves to a case similar to the previous one. Here we are talking about a woman married to a “haver,” a term we used throughout tractate Demai. A haver is one who scrupulously observes the laws of tithing and purity. The opposite is an am haaretz, a person who is suspected of not observing these laws. However, most amei haaretz do indeed tithe there food. Therefore, the wife of a haver cannot only lend her these instruments, she can use them with her. The fear that she has not tithed her produce does not create a prohibition.

תנור – lest to dry in it bundles of wet flax.

But once she poured water [over the flour], she may not touch [it] with her, for one may not aid those who commit a transgression. There is one problem that remains. The am haaretz does not observe purity laws. Produce is susceptible to impurity only once it has become wet. At this point, when the am haaretz’s wife touches the produce, specifically the dough which now has water in it, she will make it impure. The problem with causing the dough to become impure is that it has “hallah” in it hallah is the portion of the dough that must be removed and given to the priests. If it is impure the priest will not be able to use it and it will have to be burned. The wife of the “haver” cannot aid in destroying this hallah, and therefore, once water has been placed in the dough, she may no longer touch it.

ולא תטחן עמה – for it is prohibited to assist the hands of those who transgress [the law of not working the land in the Seventh Year].

And all these things were only allowed in the interests of peace. The leniencies above, the permission to lend various instruments to people who are likely to perform a transgression with them, were intended to preserve the “ways of peace (darkei shalom)” between those who were scrupulous in their observance of these laws (the haver and his wife) and those who were not (the am haaretz and his wife). It is interesting to note that there is a limit to leniencies given because of “darkei shalom.” One may lend instruments to those who might not use them appropriately, but not if it is certain that they will use them inappropriately. For instance, I could lend my car to someone who might use it during the week and might use it on Shabbat, but it would seem that I could not lend the car to someone who will certainly use it on Shabbat. Darkei Shalom implies that one must give others the benefit of the doubt, but when there is no doubt, then “one may not aid those who commit a transgression.”

ובוררת וטוחנת עמה – they did not prohibit here regarding a woman who is illiterate who is suspected illiterate people tithe.

They may offer encouragement to Gentiles during the sabbatical year, but not to Jews. The mishnah concludes with a few more examples of things done because of “darkei shalom.” This section is a repeat of mishnah 4:3 above, and I am merely repeating my commentary here: One who passes by a Gentile plowing or planting his field (in the land of Israel) on the sabbatical year may wish him luck. Even though the land is supposed to rest, Gentiles are not obligated to observe this law and in order to preserve peace between Jews and non-Jews, one may encourage him in his plowing. However, one may not offer encouragement to a Jew because that would be aiding him in committing a transgression.

אבל משתטיל המים –with started dough.

In the interests of peace, one may also offer greetings to Gentiles. It is always permitted to formally greet Gentiles in order to preserve the ways of peace between Jews and non-Jews.

לא תגע עמה – because once she [formed the dough by] rolling, it was immersed for Hallah, and she has deiled it on account of impure utensils because they became susceptible to receive Levitical impurity, and this one helps her to roll, and it is prohibited to cause ritual impurity to Hallah.

וכולן לא אמרו – they did not permit to loan them utensils and to assist them not at the time of the transgression itself but rather because of the ways of peace.

מחזיקין ידי נכרים – incidentally the Tanna/teacher [of the Mishnah] taught the ways of peace here, and it is explained above in Chapter 4 (Mishnah 3 of Tractate Sheviit).