Commentaire sur Kil'ayim 4:10

A karahat [a bare patch] within a vineyard: Bet Shammai says: [it must measure] twenty-four cubits [by twenty-four cubits]. But Bet Hillel says: sixteen cubits.
A mehol [an unsown belt of ground between a planted area and a fence] of a vineyard: Bet Shammai says: [it must measure] sixteen cubits. But Bet Hillel says: twelve cubits.
What is a karahat of a vineyard? A vineyard which has been cleared [of vines] in its middle.
If there are less than sixteen cubits, then one may not bring seed into it. If it is sixteen cubits, they leave a space in which to work [the vineyard] and they may sow the rest.
Our mishnah and the next two mishnayot deal with empty patches within a vineyard and with the question of how large these empty patches must be before one can sow seed in them. There are two kinds of empty patches. The first is in the middle of the vineyard and it is called a “karahat,” or a bare patch.
The second is called a “mehol” and it is on the sides of the vineyard, adjacent to the fence. This patch need not be as large as the karahat in order for one to be allowed to plant there. According to Albeck, the word “mehol” is a reference to dances (“meholot”) that they would have there at the end of the harvesting season. Think of an ancient mishnaic square dance, with vineyards instead of haystacks!
Sections one and two: Before the mishnah discusses the law of a karahat or mehol, or even what these things are, it brings a debate between Bet Shammai and Bet Hillel concerning how large they must be in order to be considered a karahat or a mehol. As usual, Bet Shammai is the stricter opinion, with regard to both the karahat and the mehol.
Section three: As explained in the introduction, a karahat is a patch in the middle of a vineyard in which there is a clearing, meaning there are no vines.
Section four: If this patch is smaller than sixteen cubits (the opinion of Bet Hillel) then it is forbidden to sow seed there. However, if there are sixteen cubits by sixteen cubits, they can leave space in which to work the vines (four cubits on each side) and plant seeds in the middle. For instance, if the karahat is 16 by 16, he leaves four cubits on each side and he is left with an 8 x 8 patch 8 in which to plant seed.

Introduction In yesterday’s mishnah we learned about two types of empty space within a vineyard the karahat, found in the middle of the vineyard, and the mehol, found on the sides. In both cases if the empty space is large enough, one can sow seeds there without creating kilayim. Today’s mishnah explains what a mehol is.

What is a mehol in a vineyard? [The space] between the vineyard and a fence. A mehol is an empty patch of ground between the vines and the fence that encloses the vineyard.

If there are less than twelve cubits, then one may not bring seed into it. If there are twelve cubits, they leave a space in which to work [the vineyard] and they may sow the rest. This is the same rule we saw in yesterday’s mishnah with regard to the karahat, except here the measure is twelve cubits, an area smaller than that necessary for the karahat. The reason why a smaller area is sufficient for it to be allowed to sow seeds here is that there is a vineyard only on one side the other side is just a fence. In contrast, the karahat is surrounded by the vineyard.

Introduction In today’s mishnah Rabbi Judah disagrees with the definition of a “mehol” found in yesterday’s mishnah.

Rabbi Judah says: this is nothing but the fence of the vineyard fence. Rabbi Judah says that the empty space between a fence and a vineyard is not a mehol but is rather considered an extension of the fence. In such an area it is prohibited to sow seeds, even if the area is more than twelve cubits by twelve cubits.

What then is a mehol of a vineyard? [A space] between two vineyards. According to Rabbi Judah a mehol is the empty space between two vineyards. If there are twelve cubits of such space, they leave four cubits on each side in which to work the vineyard and there will be four cubits left in the middle in which he can plant seed.

What is considered a fence? One that is ten handbreadths high. For a fence to legally separate two different entities it must be ten handbreadths high. Note that this was the same height as the eruv and the sukkah. Anything under ten handbreadths is too small to be considered.

And what is considered a trench? One ten handbreadths deep and four wide. Similarly, when areas are separated by trenches, the trenches must be ten handbreadths deep in order to function as legal separators (this was already taught above in 2:8).

Introduction Our mishnah continues to discuss what constitutes a legal partition in order to separate seeds on one side from a vineyard on the other. If the partition is sufficient, it will be permitted to sow seeds on one side and a vineyard on the other.

A partition of reeds: if between one reed and another there are less than three handbreadths, [the space] through which a kid (young could enter, it counts as a [legally effective] partition. For the partition of reeds to count, there must be less than three handbreadths between each reed. Three handbreadths is considered by the mishnah the amount of space that a kid (goat) would need to enter. (Goats would have been the pests farmers would have wanted to most keep out of their fields). Note that in this case there is more open space than filled space because the reeds are surely less than three handbreadths. However, since there is no open space more than three handbreadths, the entire partition counts as a fence.

A [stone] fence which has been broken through up to [the length of] ten cubits, [the breach] is [regarded] as a doorway; more than that, opposite the breach it is prohibited [to sow seeds]. A stone fence can have a breach up to ten cubits (about five meters) in length and still count as a fence. In such a case one could plant seeds even opposite the breached area, because this breach is treated as if it were a door. However, if there is more than ten cubits of open space, he can’t sow seeds opposite the breach.

If there were many breaches in the fence, if that which remains standing exceeds that which is broken through, it is permitted [to sow there]. But if the breached sections exceed those which remain standing, it is forbidden [to sow opposite the breaches.] If there were many breaches each less than ten cubits, the rule is that for the fence to count, the standing portion must exceed the breached portion. If it does, then he can sow seeds even opposite the breached portion. However, if the breached portion exceeds the standing portions, then he can’t sow seeds opposite the breached portions, although he can still plant opposite the standing portion.

Introduction In today’s mishnah Bet Hillel and Bet Shammai dispute how many rows of vines are necessary for the vines to be considered a “vineyard” and not simply a row of vines.

One who has planted a row of [at least] five vines: Bet Shammai says: these constitute a vineyard. But Bet Hillel says: they do not constitute a vineyard unless there are two rows. According to Bet Shammai, a row of five vines counts as a vineyard. Hence, one who wants to plant seeds near such a row of vines must leave a gap of four cubits in order to tend to the vines and then he may plant. In contrast, Bet Hillel says that there must be two rows in order for vines to count as a vineyard. The Tosefta explains that each row must have at least three vines.

Consequently, one who says four cubits within the vineyard: Beth Shammai says: he has sanctified one row [of the vineyard, and created kilayim]. But Bet Hillel says: he has sanctified two rows. In this section we learn that the previous definition can cause Bet Shammai to be more lenient than Bet Hillel. The mishnah deals with a person who planted seeds within four cubits of a vineyard, meaning within the space needed to work the vineyard. According to Bet Shammai, this causes the first row of the vineyard to become kilayim. To signify that something has become kilayim the mishnah uses the word “sanctify (kidesh),” which is the word used in Deuteronomy 22:9. Sometimes when things become “sanctified” they can no longer be used it is prohibited to derive benefit from them. Since a vineyard can consist of only one row, when the Torah states that the “vineyard” becomes sanctified, Bet Shammai interprets this to mean that the minimum area which can be considered a vineyard becomes sanctified. Since Bet Hillel holds that two rows are necessary for vines to be considered a vineyard they correspondingly hold in this situation that two rows of the vineyard have been sanctified and are forbidden from use.

Introduction This mishnah deals with various formations of vines that either do or do not constitute a vineyard.

One who plants two [vines] opposite two [other vines], and one [other vine] forming a “tail” behold this is a vineyard. The easiest way to understand this mishnah is through a few simple illustrations (as you probably know by now, I don’t know how to make complicated illustrations, so the simple kind will have to suffice). The following set up of vines counts as a vineyard:
●    ●
●    ●
●
The bottom vine is the “tail” and hence we have here a vineyard. Also the following set up will count as a vineyard, because again, the bottom vine counts as a tail:
●    ●
●    ●
      ●

Two [vines] opposite two [other vines], and one [other vine] in between, or two opposite two, and one in the middle, these are not a vineyard until there are two opposite two with one [other] forming a tail. However, the following setups do not constitute vineyards:
●    ●
●
●    ●
Or this:
●    ●
      ●
●    ●
In order for there to be a vineyard, there must be a tail at the end and not a single vine in the middle.

Introduction This mishnah deals with a person who plants one row of vines on his own land and one row on another’s. The question is whether these two rows combine to be a vineyard.

One who has planted one row [of vines] on his own [land] and another row on his neighbor's [land], and there is a private road or a public road in the middle, or a fence lower than ten handbreadths, these [two rows] combine. The mishnah rules that the vines join together to form a vineyard even if they are separated by either a private road or even a public road. Similarly, a fence that is lower than ten handbreadths will not separate the two vines. In such a case, before he can plant seeds near these vines he will have to leave a distance of four cubits around the vines in order to tend to them.

If there is a fence higher than ten handbreadths they do not combine. Rabbi Judah says: If he intertwines them [the rows of vines] above [the fence] they do combine. However, if the fence is higher than ten handbreadths, then the two vines do not join to constitute a vineyard. Rabbi Judah adds in that if he intertwines the vines on top of the fence, then they do join together to form a vineyard.

Introduction This mishnah deals with a case of a person who planted two or three rows of vines and left a significant gap unplanted in between them how big does the gap have to be for him to be allowed to plant seeds there?

One who has planted two rows [of vines] if there are not eight cubits between them, he may not bring seed there [in the space between the two rows]. If there are more than eight cubits separating the two rows, then they do not join together to form a vineyard. In such a case he may leave six handbreadths space from each row and in the middle plant seed. However, if there are less than eight cubits, then this counts as a vineyard and he can’t plant any seed in between.

If there are three [rows] if there are not between one row and its companion sixteen cubits he may not bring seed there. If there are three rows of vines, then there has to be a gap of sixteen cubits in between for the rows not to join together and count as a vineyard. We will learn more about this in tomorrow’s mishnah.

Rabbi Eliezer ben Jacob said in the name of Hananya ben Hakinai: even if the middle row was laid waste and there is not between one row and its companion row sixteen cubits, he may not bring seed there, but if he had planted them [two rows] at the outset, it is permitted [to sow between them] if they are eight cubits [apart]. Rabbi Eliezer ben Jacob distinguishes between a case where there were originally three rows and then the middle row was destroyed and a case where there were originally only two rows. If there were originally three rows and the middle row was destroyed we look at the vines as if the middle one was still there. Hence there must be sixteen cubits between each row of vines in order to plant seeds in between. However, if he originally planted only two rows, then they need to be separated by only eight cubits, as we learned in section one.

Introduction This mishnah deals with a person who intentionally leaves large gaps between the rows of vines in his vineyard so that he can plant seed in the spaces in between.

One who plants his vineyard sixteen cubits, sixteen cubits [separating each row], he may bring seed there. As we learned in yesterday’s mishnah, if a person leaves a gap of sixteen cubits between the rows of vines in his vineyard, he can plant seeds in between. All he will have to do is leave a space of six handbreadths to work the vines and then he can plant.

Rabbi Judah said: It happened at Tsalmon that a man planted his vineyard on [a plan of] sixteen cubits, sixteen cubits [separating each row]. [One year] he would turn the tips of the vine branches of two [adjacent rows] towards one place, and sow the furrow [in between], and the following year he would turn the tips of the vine branches in the opposite direction, and sow the land which had been left untilled [the preceding year]. The matter came before the sages, and they declared it permitted. Rabbi Judah brings a case of a person who set up his vineyard with sixteen cubits in between each row. One year he turned the tips of his vines in one direction so that they wouldn’t be over the seeds that he wished to plant in between. Then he planted in the furrow in between these two rows. The following year he turned the tips in the opposite direction so that a different empty space would be uncovered and he could plant there. This method had the added advantage of leaving one side fallow every year. The rabbis allowed this because in each year there was a true gap of sixteen cubits between each vine.

Rabbi Meir and Rabbi Shimon say: even one who has planted his vineyard with eight cubits [between every two rows], this is permitted. Rabbi Meir and Rabbi Shimon are more lenient when it comes to how large the gap in between the rows must be. They hold that it need only be eight cubits, even if there are three or more rows. This is the same distance we learned about in yesterday’s mishnah if there were only two rows.