Commentaire sur Menachot 10:17

רבי ישמעאל אומר העומר היה בא בשבת – when the sixteenth of Nisan occurs on the Sabbath, the Omer supersedes the Sabbath, for any sacrifice whose time is fixed supersedes the Sabbath and ritual impurity. The Omer comes from three Seah, that they would reap three Seah of barley and wave it in a sieve until he places them upon on choice Issaron/tenth.

Introduction The tenth chapter deals with the Omer. In order to understand this chapter we should explain what was one of the biggest debates between the Pharisees and Sadducees the date of Shavuot. The Torah states that one begins to count the omer “from the day after the Sabbath.” This was interpreted by the Sadducees to mean that the omer was offered on the day after the Sabbath during Pesah. Thus Shavuot, which fell seven weeks later, was always on Sunday. The Sadducees never had to address how to harvest the omer barley on the Sabbath, because in their calendar it was always harvested on the day following the Sabbath. The Pharisees held that “from the day after the Sabbath” refers to the second day of Pesah. This could be on the Sabbath and thus Shavuot could potentially fall on any day of the week. While there are many possible reasons why this debate was so prominent in the polemics between these two groups, it is possible that Sabbath observance was one of the main issues. We know that the Dead Sea Sect was extremely scrupulous in Sabbath observance and seems to have done anything to avoid any possible desecration of the Sabbath. In their calendar, holidays never fell on the Sabbath. The Dead Sea Sect’s halakhic system is often similar to that of the Sadducees. It is therefore possible that the Sadducees shaped their calendar to avoid having to face the prospect of reaping the omer barley on Shabbat. At the least, we can be certain that to the Sadducees there was never a problem of harvesting the omer barley on Shabbat. In contrast, the Pharisees and later the rabbis were not bothered by this. In our mishnah we may seem some echo of this ancient debate.

Rabbi Ishmael says: On Shabbat the omer was taken out of three seahs [of barley] and on a weekday out of five. But the sages say: whether on Shabbat or on a weekday it was taken out of three seahs. In this section, there is a debate concerning how much flour they sifted in order to get the tenth of sifted flour needed for the omer. When the 16th of Nissan fell on Shabbat, they would use three seahs of flour. There is a debate over how much barley was used during the week. According to Rabbi Ishmael, they would use five seahs, so that the barley would be more finely refined. The other rabbis disagree and claim that the procedure on Shabbat was the same as that on the weekday three seahs. In other words, according to Rabbi Ishmael on Shabbat they would use less barley so that less sifting would have to be done, since sifting is prohibited on Shabbat. In contrast, the other sages say that the same amount was used regardless of whether it was Shabbat or not.

בשלשה בני אדם ובשלש קופות ובשלש מגלות – to publicize the matter that the reaping of the Omer occurs on the aftermath of the fifteenth day of Nisan. Because the Sadducees would say that the Omer does not come other than on Sunday (i.e., the first day of the week).

Rabbi Hanina the vice-high priest says: on Shabbat it was reaped by one man with one sickle into one basket, and on a weekday it was reaped by three men into three baskets and with three sickles. But the sages say: whether on Shabbat or on a weekday it was reaped by three men into three baskets and with three sickles. In this section, there is a debate concerning the reaping procedure. When the omer was reaped on a weekday, all agree that it was reaped by three people, using three sickles, into three baskets. They debate with regard to how it was reaped on Shabbat. According to Rabbi Hanina, who was vice-high priest (not the high priest of vice ☺) on Shabbat, fewer people did the reaping in order to minimize Shabbat desecration. The sages again disagree, insisting that the procedure on the Shabbat is the same as that performed during the week. In my opinion, behind these two debates is a remnant of the old Sadducean/Pharisaic debate. While Rabbi Ishmael and Rabbi Hananya admit that the 16th of Nissan can fall on Shabbat, meaning they use a Pharisaic calendar, they still want to minimize the conflict between harvesting the omer and the Sabbath. The other rabbis insist that this is no conflict at all, and that on Shabbat the omer is harvested in the exact same way as it is every other day.

מצות העומר לבוא מן הקרוב – from a place that is close to Jerusalem because they do forego the occasion for performing a religious commandment, therefore, when they go out from Jerusalem to search for the Omer, that grain that he finds first he takes it.

The mitzvah of the omer is that it should be brought from [what grows] near by. It was a mitzvah, meaning it was preferable, for the omer to be brought from barley grown close to Jerusalem.

לא ביכר – it didn’t ripen all of the way.

If [the crop] near Jerusalem was not yet ripe, it could be brought from any place. However, if this barley was too ripe to be harvested, it could be brought from elsewhere with the land of Israel.

מעשה שבא מגגות צריפין ועין סוכר – greatly distant from Jerusalem, because the ravaging [Roman] troos destroyed all the grain that was surrounding Jerusalem.

It once happened that the omer was brought from Gagot Zerifin and the two loaves from the plain of En Soker. The mishnah records a time when the barley for the omer had to be brought all the way from Gagot Zerifin, which Albeck identifies as being near Lod (near the Ben-Gurion airport). According to another version of this mishnah, the words are “ganot Zerifin” which means the fields near Zerifin. The grain used for the two loaves once came from as far away as En Soker, which is near Shechem (in the northern part of Samaria, or the West Bank).

כריכות – they wrap up and tie the tops of the spikes/ears of corn as large as a fist.

How would they do it [reap the omer]?
The agents of the court used to go out on the day before the festival and tie the unreaped grain in bunches to make it the easier to reap.
All the inhabitants of the towns near by assembled there, so that it might be reaped with a great demonstration.
As soon as it became dark he says to them: “Has the sun set?” And they answer, “Yes.” “Has the sun set?” And they answer, “Yes.” “With this sickle?” And they answer, “Yes.” “With this sickle?” And they answer, “Yes.” “Into this basket?” And they answer, “Yes.” “Into this basket?” And they answer, “Yes.”
On the Sabbath he says to them, “On this Sabbath?” And they answer, “Yes.” “On this Sabbath?” And they answer, “Yes.” “Shall I reap?” And they answer, “Reap.” “Shall I reap?” And they answer, “Reap.”
He repeated every matter three times, and they answer, “yes, yes, yes.”
And why all of this? Because of the Boethusians who held that the reaping of the omer was not to take place at the conclusion of the [first day of the] festival.
This mishnah describes the procedure that preceded the harvesting of the omer.
The end of this mishnah explains why they would make such a spectacle out of what is quite a simple act. The Boethusians were a group of Jews either similar to or identical with the Sadducees. As I stated in my introduction to yesterday’s mishnah, the Sadducees held that the omer was harvested on the Sabbath that followed the first day of the festival, and not on the evening after the first day of the festival.
According to our mishnah, they would make an exaggerated demonstration of reaping the omer in order to let people know that the halakhah was according to the Pharisees and not the Sadducees. These acts were polemical acts against a rival group of Jews. We should note that we don’t know if this was how the omer was actually harvested in Temple times. All we know is that this is how the rabbis envisioned it happening.
The mishnah itself is easily understood and therefore I have not commented below.

מתכנסות לשם – at the conclusion of the Holy Day when they cut it.

כדי נקצר בעסק גדול – with the great sound. That the Sadducees will know that the conclusion of the first Holy Day [of Passover] they reap it, because they did not admit to this, as will be seen further on.

אמר להן – the reaper , to the people of the villages that are standing upon him: Did the sun set? And they respond to him: “Yes.”

מגל זה – meaning to say, shall I reap the grain with this scythe?

קופה זו – shall I put the grain into this basket?

שבת זו – shall I reap on this Sabbath? And they said to him: “Yes.”

שלש פעמים – he asks them about each and every matter.

וכל כך – that he would ask. Why?

מפני הצדוקים והביתוסים שהיו אומרים אין קצירת העומר במוצאי יום טוב – other than on Saturday night (i.e., after the Sabbath day), as it is written (Leviticus 23:15): “[And from the day on which you bring the sheaf of elevation offering -] the day after the sabbath – you shall count off [seven weeks].” From the first day after the Sabbath of creation is implied, and it is a tradition in our hands that from the day after the sabbath which is the conclusion of the first Holy Day of Passover, whether it occurs on a weekday or whether it occurs on a Sabbath. And similarly, we found in the Book of Joshua (5:11): “On the day after the Passover offering, on that very day, they ate of the produce of the country, unleavened bread and parched grain,” for behold it states in the Torah (Leviticus 23:14): “Until that very day, [until you have brought the offering of your God], you shall eat no bread or parched grain or fresh ears,” but from after that it held in suspense the permission of the new grain on the aftermath [of the first day] of Passover, the matter was clear that the aftermath of [the first day of] Passover is what permits the new grain and on it, they reap the Omer whether the first Holy Day of Passover occurs on a weekday or whether it occurs on the Sabbath. And therefore, the reapers raise their voices in order that the Boethusians will hear it and to remove it (i.e., the practice of waiting until the Saturday night after the holiday) from their hearts. And they reap the Omer at night and not during the day, as it is written (Leviticus 23:15): “And from the day on which you bring the sheaf of elevation offering – the day after the sabbath – you shall count off seven weeks. They must be complete,” and it is impossible to be “complete” unless one begins to count from the beginning of the nighttime, for the nighttime is the beginning of the day, and behold it states (Deuteronomy 16:9): “start to count the seven weeks when the sickle is first put to the standing grain,” so we see that the reaping is at night at the time when they begin to count.

Introduction This mishnah completes the description of how the omer was offered.

מהבהבין אותו באור (they parch it in fire) – while it is still in the ears, in order to fulfill through it the Mitzvah of parched ears , as it is written (Leviticus 2:14): “[If you bring a grain offering of first fruits to the LORD,] you shall bring near ears parched with fire, and Scripture is speaking of the meal-offering of the Omer.

They reaped it, put it into the baskets, and brought it to the Temple courtyard; After harvesting the barley, they would put it into baskets and bring it to the Temple courtyard.

וחכמים אומרים – first they knock upon the ears [to thresh the grain out], and not in the manner of dry grain that they beat it with a staff, but rather with moist reeds.

Then they would parch it with fire in order to fulfill the mitzvah that it should be parched [with fire], the words of Rabbi Meir. According to Rabbi Meir, they would first parch the grain, while it was still attached to the stalks. Parching a minhah offering is mentioned in Leviticus 2:14, “If you bring a minhah of first fruits to the Lord, you shall bring new ears parched with fire.” The rabbis interpret this verse as referring to the minhah of the omer.

ובקליחות – with stalks of cabbage, in order that it would not be crushed.

But the sages say: they beat it with reeds or stems of plants that the grains should not be crushed, and then they put it into a pipe that was perforated so that the fire might take hold of all of it. The other sages say that first they would beat the grain from the stalks, as is normally done with grain. However, they would use soft sticks since the omer came from freshly-harvested barley. Normally, when the grain is more aged, they could use harder sticks. After the grain was separated from the stalks, they would parch it by putting it into a metal pipe which was perforated so that the fire would get in. The rabbis disagree with Rabbi Meir in that the former holds that the stalks were put directly into contact with fire, whereas the sages hold that the parching is done with grains and by using a vessel.

נתנוהו לאבוב – for the Rabbis hold that if they parch it with actual fire, it is not called “parched ears,” but rather through another thing, which is through a utensil, that they place it in the iron tube for roasting grain, and this is a perforated utensil of copper/bronze that sellers of parched ears parch it. And the Halakha is according to the Sages.

They spread it out in the Temple courtyard so that the wind might blow over it. They would then spread it out to cool it off.

ברחיים של גרוסות (grist grinders’ mills) – that they don’t mill/grind it thin, but rather thick, for if they grind it well, the coarse bran flour of the husks will pass through in the winnow with the choice flour. And [the word] גרוסות/grist is the language of a dish of grounded beans and as such it is called grist of early ripened and tender barley (see Tractate Menahot 68b).

Then they put it into a gristmill and took out of it a tenth [of an ephah of flour] which was sifted through thirteen sieves. After the grain was cooled, it was ground and then sifted thirteen times, as we learned in mishnah 6:7.

וחייב בחלה – that the obligation [to separate] Hallah which is the rolling of this started dough that is in the hand of the lay person/commoner after it is redeemed.

What was left over was redeemed and might be eaten by any one; It was liable for hallah but exempt from tithes. Rabbi Akiba made it liable both to hallah and to tithes. The leftover grain not used for the omer could be eaten by anyone, even non-priests. According to the first opinion in the mishnah, the grain was liable for tithes but not for hallah. This is the rule for holy things that have been redeemed they are liable for hallah, but not for tithes. Rabbi Akiva says that it is liable for tithes as well, because he doesn’t consider this grain to have ever been holy. When it was sanctified at the outset, the only part that was really sanctified was the grain that was going to be used for the flour necessary to make the one-tenth. All of the extra grain was never holy, and therefore it is liable for all normal agricultural gifts (tithes and terumah).

ופטור מן המעשרות – that its being evenly shaped is in the hands of that which is dedicated to Temple property, and the giving of a pile of grain an even shape that is dedicated to Temple property is exempt from the tithes.

He then came to the tenth, put in its oil and its frankincense, poured in the oil, mixed it, waved it, brought it near [to the altar], took from it the handful and burnt it; and the remainder was eaten by the priests. He would then complete the process of offering the omer by adding in the oil and frankincense, mixing it up, waving it and bringing it close to the altar, and then taking a handful and burning it on the altar. The remainder of the 1/10 of an ephah that wasn’t burned is holy and can be eaten only by the priests.

ר"ע מחייב – this flour that remains from the Issaron of the Omer.

בחלה ובמעשרות – because they did not give money to consecrated property, therefore, the giving of a pile of grain an even shape is not consecrated property , for it is not sacred. But the Halakah is not according to Rabbi Akiva.

בא לו לעשרון – he puts in its oil first and its frankincense prior to giving the choice flour.

יצק ובלל – after putting in the choice flour in the manner of all the meal-offerings that they put oil into a utensil firs and afterwards put in the choice flour and he goes back and pours upon it oil and mingles it.

הניף והגיש – the meal-offering of the Omer requires waving and bringing it near, as we stated in [Tractate Menahot] Chapter [Five], “All the Meal-Offerings” [Mishnah 6].

שלא ברצון חכמים – that he decreed that lest one eats from the new crop (i.e., grain that ripened before Passover. The Torah prohibits harvesting and eating this produce until after the Omer offering on the 16th of Nisan) when they reap prior to offering up the Omer sacrifice, and this is already certain flour that has been harvested prior to the Omer.

After the omer was offered they used to go out and find the market of Jerusalem already full of flour and parched grain [of the new produce]; This was without the approval of the rabbis, the words of Rabbi Meir. Rabbi Judah says: it was with the approval of the rabbis.
After the omer was offered the new grain was permitted immediately, but for those that lived far off it was permitted only after midday.
After the Temple was destroyed Rabbi Yohanan ben Zakkai decreed that it should be forbidden throughout the day of the waving.
Rabbi Judah said: is it not so forbidden by the law of the Torah, for it is said, “Until this very day?”
Why was it permitted for those that lived far away from midday? Because they know that the court would not be negligent with it.
Leviticus 23:14 states, “Until that very day, until you have brought the offering for your God, you shall eat no bread or parched grain or fresh ears [of the new crop].” Our mishnah discusses when people can begin to eat of the new crop of grain.
Section one: The mishnah describes the markets of Jerusalem as being full of grain from the new crop, immediately after the omer was offered. It is easy to imagine the merchants waiting and waiting until finally they could begin selling this new grain.
The debate between Rabbi Meir and Rabbi Judah was over whether the rabbis approved of this. Rabbi Meir says they disapproved of the practice because if the merchants were already selling the new grain so quickly, it is clear that they had harvested it and ground it before the omer was offered. The fear was that they might also end up eating it before the omer. Therefore, the rabbis disapproved of this practice, although they did not successfully stop it. Rabbi Judah says that they were not concerned lest people eat it before it was permitted.
Section two: As stated above, after the omer was offered, it was permitted for people to eat the new grain. People who lived far away from the Temple could not know when the omer was offered, so they must wait until half the day had passed to begin to eat of the new harvest. Below, in section five, the mishnah explains that they do not have to wait until they have actually heard that the court offered the omer because they can assume that the court would make sure that the omer was offered by this time.
Section three: After the Temple was destroyed, Rabban Yohanan ben Zakkai forbade eating the new harvest for the entire day of the 16th of Nissan. This day is called “the day of waving” because that is when the omer was waved. It seems that Rabban Yohanan ben Zakkai reasoned that when no omer could be offered, it would be legal to eat the new harvest immediately when the day began. However, if we allowed such a practice people might forget that at one point it had been forbidden to eat until the omer was offered. Therefore, he was overly stringent and forbade people to eat for the whole day.
Rabbi Judah says that there was no need for such a “takkanah” a rabbinic ordinance. The Torah itself says that the new harvest is forbidden until “that very day.” To Rabbi Judah this clause refers to a time when there is no Temple. When there is a Temple, the new harvest is forbidden until “you have brought the offering,” the second clause of the verse. Since the Torah already encompasses instructions as to how to act in the absence of the Temple, there was no need for rabbinic legislation.

ר' יהודה אומר ברצון חכמים – that they did not decree lest he eats when he harvests/reaps. And the Halakha is according to Rabbi Yehuda.

והרחוקים – that do not know if the Omer was yet offered.

מותרים מחצו היום ולהלן – as its reason will be taught further on.

שיהא יום הנף – the sixteenth of Nisan that on it they would wave the Omer (see also Tractate Rosh Hashanah, Chapter Four, Mishnah Three and also Tractate Sukkah, Chapter 3, Mishnah 12).

כולו אסור – to eat on it the new crop.

אמר ר' יהודה – to the Tanna of our Mishnah, for Rabban Yohanan [ben Zakkai] ordained/established the practice.

העומר היה מתיר במדינה – to eat the new crop in all places.

Introduction Our mishnah continues to deal with when new grain can be eaten and used in a sacrifice.

ושתי הלחם במקדש – that prior to [bringing of] the two loaves, they don’t bring a meal-offering from the new grain, as it is written in regard to the two loaves (Numbers 28:26): “[On the day of first fruits, your Feast of Weeks,] when you bring an offering of new grain [to the LORD,” that it will be new for all of he meal-offerings.

The omer permits [the new grain] throughout the land, and the two loaves permit it in the Temple. As we learned in yesterday’s mishnah, once the omer is offered, it permits the eating of new grain throughout the land. However, this does not permit using new grain for a sacrifice. New grain could be used in the Temple only once the two loaves offered on Shavuot (see Leviticus 23:16) had been offered. In practice, this means that new grain would be permitted outside of the Temple about seven weeks before it was permitted in the Temple.

ומנחת בהמה – the meal-offering of libations of the cattle.

One may not offer minhahs, first-fruits, or minhahs that accompany animal offerings, before the omer. And if one did so, it is invalid. Before the omer is offered, no sacrifices can be brought from the new grain, because they cannot be eaten by anyone. This includes all types of minhahs, the first-fruits (bikkurim) as well as any minhah that would accompany an animal offering. And if one did offer a minhah from new grain before the omer was offered, the minhah is invalid.

ואם הביא – prior to the [offering of the] Omer sacrifice.

Nor may one offer these before the two loaves. But if one did so it was valid. While one should wait to bring sacrifices from the new grain until Shavuot, when the two loaves are offered, if one does bring an offering of new grain between the beginning of the omer and Shavuot the offering is valid, since people can eat the new grain.

פסול – for the new crop was not permitted by implication even with regard to the lay person/commoner. But prior to the [sacrifice of] the two loaves, he should not bring.

ומצטרפין זה עם זה – to complete the measure of the started dough that is liable for [separating out] Hallah [for the Kohen] (see Tractate Hallah, Chapter 1, Mishnah 1 and Chapter 2, Mishnah 6). But they don’t require all of them together for one type mixed with another do not combine, but rather the wheat combines with he spelt alone because they are a species of wheat (see Tractate Pesahim 35a), but the barley combines with all except for the wheat. And even though that spelt is a kind of wheat, it is not exactly the special of wheat, but rather a type of barley and even a type of wheat, and they combine with the wheat and the barley. But however, in the Jerusalem Talmud it implies that if they were kneaded together, they combine, even one type mixed with another type. But if they were not kneaded together, but rather afterwards the started dough would become affixed to each other, one type with a similar type combine, but [one type] mixed with another type do not combine.

Introduction There are five species of grain: wheat, barley, spelt, oats and rye. All other species, such as rice, do not count as grain, and laws that apply to grain do not apply to them. Our mishnah teaches a few general halakhot that are applicable to these five species.

ואסורים בחדש – as it is written (Leviticus 23:14): “Until that very day, until you have brought the offering of your God, you shall eat no bread or parched grain or fresh ears,” and we learn/derive [through an analogy of] "לחם"\"לחם" – from Passover. Just as there, from the five species, also here from the five species.

Wheat, barley, spelt, oats and rye are subject to hallah. These five species of grain are subject to the laws of hallah (when one kneads a certain amount of them, he must separate hallah and give it to the kohen, if the hallah is pure).

ומלקצור מלפני הפסח – that it is forbidden to harvest from the five species prior to the harvesting of the Omer. It is written with regard to the Omer (Leviticus 23:10): “[you shall bring] the first sheaf of your harvest to the priest,” that the beginning of all that is harvest, it comes (i.e., it is derived) [as an a fortiori/Kal VaHomer] "ראשית"\"ראשית" from Hallah, it is written there (Numbers 15:20): “as the first yield of our baking,” and it is written here (Leviticus 23:10): “[you shall bring] the first sheaf of your harvest to the priest,” just as there it is from the five species, so here too it is from the five species.

And they are reckoned together. These five species are reckoned together for all prohibitions and obligations. Thus if one kneaded together dough made from wheat and dough from barley and when reckoned together there was enough dough to require one to separate hallah, he would be obligated to take out hallah (see Hallah 1:1). The same would be true for prohibitions such as hametz on Pesah and other obligations, such as eating matzah on Pesah.

ואם השרישו – one of these five species prior to the reaping of the Omer.

They are forbidden [to be eaten] as new grain before the omer. Before the omer is offered on the 16th of Nissan, these five species are prohibited from the new crop.

העומר מתירן – and it is permitted to harvest them after the harvesting of the Omer. As it is written (Exodus 23:16): “[and the Feast of the Harvest, of the first fruits of your work,] of what you sow in the field,” from the time that it is sown and takes root in the field.

And they may not be harvested before Pesah. Before Pesah, one is not supposed to even harvest any of the new grain. The Torah states that the omer should be “the first of your harvest” (Leviticus 23:10), implying that this grain should be the first to be harvested.

ואם לאו – they did not take root other than after the reaping of the Omer.

If they had taken root before the omer, the omer permits them; And if not, they are forbidden until the next year's omer. This section determines when grain is considered is to be part of the new crop. If it took root before the omer was offered, then it is part of the pre-omer crop and can be harvested once the omer was harvested. However, if it had just been planted before the omer and had not yet taken root, then one would have to wait for the following year’s omer before it can be harvested.

אסורים שיבוא העומר הבא – of the coming year.

קוצרים בית השלחים שבעמקים – that their grain is bad and we don’t bring the Omer from there. And it is taught in a Baraitha (Tractate Menahot 71a), one verse states (Leviticus 23:10): “and you repeat its harvest and you shall bring the… sheaf,” that implies that you are able to reap prior to bring the Omer, and another verse (ibid.,) states: “the first sheaf of your harvest,” which implies that it will be the first of all the reaping, how is this possible? From a place that you are able to bring the Omer you do not reap prior to the Omer, [and] from a place that you cannot bring, as for example, the dry arid land in need of irrigation and the valleys where they don’t bring Omer from them because they are poor [quality], one reaps prior to [bringing] the Omer.

Introduction This mishnah brings in exceptions concerning the prohibition of harvesting grain before the omer.

אבל לא גודשין – to make a heap. For whatever It is possible to change, we change.

[Before the omer] one may reap [grain] in irrigated fields in the valley, but one may not stack it. One doesn’t bring omer grain from grain grown in irrigated fields in the valley because this is poor quality grain. However, the sages did not permit people to stack this grain. The only reason that they did permit harvesting this grain is that there was a fear it would be lost if it was not harvested. Therefore they were lenient when it came to grain that would not have been brought as the omer barley in any case. But there was no reason to be lenient with regard to stacking because it would not cause a loss to wait until the omer to stack the grain.

אנשי יריחו – they had dry, arid lands requiring irrigation.

The people of Jericho used to reap [before the omer] with the approval of the sages, and used to stack it without the approval of the sages, but the sages did not protest. Jericho’s fields are in the valley and therefore the rabbis allowed them to reap the grain before the omer was offered. However, the people of Jericho went further and stacked their grain as well. This was a no-no in the eyes of the sages, but despite this, they did not protest.

קוצר שחת – it is permissible to reap corn in its earliest stage [used instead of grass] prior to [the reaping of] the Omer and feed it to his cattle.

One may reap the unripe grain for cattle feed. Rabbi Judah said: When is this so? If one had begun to reap it before it had reached a third of its growth. Rabbi Shimon says: one may reap it and feed [his cattle with it] even after it has reached a third of its growth. Unripe grain can be harvested before the omer, if it is to be used for cattle feed. Rabbi Judah says that the grain can be harvested as long as it has not yet reached one third of its growth. Rabbi Shimon is more lenient and allows the grain to be harvested even if it has not yet reached one third of its growth.

אימתי בזמן שהתחיל – to reap it for the needs of his cattle until it did not bring up the final third of the completion of its ripening, he reaps even after it brought up the third.

ר' שמעון אומר אף יקצור ויאכיל – he will begin to reap and feed it to his cattle when it brings forth a third [of its full growth], and all of the corn in its earliest stage [used instead of grass] is not reaping. But the Halakha is according to Rabbi Yehuda who comes to explain the words of the first Tanna/teacher.

קוצרים – prior to the Omer.

Introduction The final mishnah of chapter ten concludes with a few more rules governing the prohibition of harvesting grain before the 16th of Nissan and a few last rules with regard to the omer.

מפני בנטיעות – that they will lose them. Because that grain is not appropriate for the Omer, as we stated in the chapter “All of the Sacrifices/כל הקרבנות” (Tractate Menahot, Chapter 8, Mishnah 2), we do not bring either from an arid irrigated field nor from a field containing at least three tees within a distance of a Seah, and above we stated (quoting from Tractate Menahot 71a), that from a place that you don’t bring [the Omer] you reap. Another explanation: “Because of the seedlings/מפני הנטיעות,” because of mixed seeds, because sometimes a person sows grain and there are no seedlings there, and after a time seedlings rise up there on their own between them, and one must reap he seeds because of mixed seeds/Kilyaim.

One may reap on account of the saplings or in order to make a house for mourners or in order not to interrupt the bet hamidrash. Generally, it is prohibited to harvest grain before the harvesting of the omer on the 16th of Nissan. This section provides a few exceptions to this rule, cases where the person is harvesting the grain not in order to use the grain but in order to clear the area. If he needs to make room in the field for the saplings to grow, he may clear the grain. He need not suffer the loss of the saplings, due to the prohibition of harvesting before the omer. He may also clear the grain in order to make room for either a place for mourners to gather or for sages to gather in order to study in a bet midrash. It is interesting to note that according to this source, study seems to have taken place in open fields. It is unclear whether a structure would have been built in the fields or not.

מפני בית האבל – that they lack the free space rto sit and to recite the blessing of comfort that we say in the House of Mourning.

One may not bind them in bundles but one may leave them in small heaps. When a person is allowed to harvest grain before the omer, he may not bind the stalks into bundles as is normally done. This would make it seem like he was harvesting them for food, which is prohibited. Rather, he may leave them in small heaps on the ground and collect them later when the omer has already been harvested.

ומפני בית המדרש – for there is no place for the students to sit. And the reason of all of these, is because reaping is a Commandment, and the Scriptural verse states (Leviticus 23:10): “the first sheaf of your harvest,” that the Omer will be the fist of your optional harvest and not the first of the command of reaping.

The mitzvah of the omer is that it should be brought from the standing grain. If this cannot be found he may bring it from the sheaves. It is a mitzvah, meaning it is preferable to bring the omer from freshly harvested grain. It is preferable that on the 16th at night they should go out and harvest grain in order to bring it as the omer sacrifice. If this is impossible because there is no grain to harvest, it can be brought from already harvested grain, that has already been put into bundles.

כריכות – bound large sheaves.

The mitvah is that it should be brought from moist ( grain. If this cannot be found he may bring it from dry grain. It is best that if one bring bundles, they still be fresh (moist). However, if there are no moist bundles, he can bring the omer offering even from already dry grain.

צבתים – bundles without tying. Another interpretation: bundles of bound large sheaves, heaps are small bundles

The mitzvah is that it should be reaped at night. If it was reaped at day it is valid. The omer should be offered at night on the 16th of Nissan (see mishnah three), but if they wait until the day, it is still valid.

מן הקמח – that he would reap for its sake.

And it overrides the Shabbat. This polemical chapter ends by reminding us what we learned in the beginning of the chapter harvesting the omer overrides the Sabbath. As a reminder, non-Pharisaic sects during the Second Temple period seem to have shaped their calendar so as to avoid, as much as possible, conflicts between holidays and Shabbat. The Pharisees and later the rabbis took an opposite route and demonstratively declared that if there is such a conflict, the holiday sacrifices nearly always override the Sabbath. The editors of the Mishnah end this chapter by emphasizing exactly this point one can harvest the omer even on Friday night.

לא מצא – that everything was already reaped.

מן הלח – as it is written (Leviticus 23:14): “You shall eat no [bread or parched grain] or fresh ears,” that it is soft and brittle (see Tractate Menahot 66b).