Commentaire sur Péa 1:6
לְעוֹלָם הוּא נוֹתֵן מִשּׁוּם פֵּאָה וּפָטוּר מִן הַמַּעַשְׂרוֹת, עַד שֶׁיְּמָרֵחַ. וְנוֹתֵן מִשּׁוּם הֶפְקֵר וּפָטוּר מִן הַמַּעַשְׂרוֹת, עַד שֶׁיְּמָרֵחַ. וּמַאֲכִיל לַבְּהֵמָה וְלַחַיָּה וְלָעוֹפוֹת וּפָטוּר מִן הַמַּעַשְׂרוֹת, עַד שֶׁיְּמָרֵחַ. וְנוֹטֵל מִן הַגֹּרֶן וְזוֹרֵעַ וּפָטוּר מִן הַמַּעַשְׂרוֹת, עַד שֶׁיְּמָרֵחַ, דִּבְרֵי רַבִּי עֲקִיבָא. כֹּהֵן וְלֵוִי שֶׁלָּקְחוּ אֶת הַגֹּרֶן, הַמַּעַשְׂרוֹת שֶׁלָּהֶם, עַד שֶׁיְּמָרֵחַ. הַמַּקְדִּישׁ וּפוֹדֶה, חַיָּב בְּמַעַשְׂרוֹת, עַד שֶׁיְּמָרֵחַ הַגִּזְבָּר:
Il peut donner Peah à tout moment et il est exonéré de la dîme, jusqu'à ce qu'il lisse [le tas de produits]; et il peut déclarer son produit sans propriétaire et il est exempt de la dîme, jusqu'à ce qu'il aplanit [le tas de produits]; et il peut le nourrir au bétail, aux autres animaux et aux oiseaux et il est exonéré de la dîme, jusqu'à ce qu'il lisse [le tas]; et il peut le prendre de l'aire de battage et le semer et il est exempt de la dîme jusqu'à ce qu'il aplanisse [le tas] - [ce sont] les paroles de Rabbi Akiva. Si un prêtre ou un lévite achetait un grenier, la dîme leur appartiendra jusqu'à ce qu'il aplanisse [la pile]. Celui qui consacre [les produits à l'usage du Temple] et rachète [les produits dédiés] est tenu de payer la dîme, jusqu'à ce que le trésorier aplanisse [la pile].
Bartenura on Mishnah Peah
לעולם הוא נותן משום פאה – Whomever did not leave the corner of the field with attached produce, is liable to set aside [for the commandment of Peah] from what is detached from the soil. And that corner of the field’s produce that one sets aside from what is detached from the soil is given to the poor and is exempt from tithing.
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English Explanation of Mishnah Peah
Introduction
One is obligated to separate tithes from one’s produce. However, one is not obligated to separate tithes from peah, ownerless produce, animal food or seed. Our mishnah deals with the question of when the obligation to separate tithes goes into effect.
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Bartenura on Mishnah Peah
עד שימרח – He should make a heap and pile of grain. But if one came to separate out the corner [of the field] after giving the pile an even shape, he must first separate out the heave-offering/sacred donation to the Kohen and the tithes and afterwards take the corner, for nothing is exempt from tithes other than the corner that was taken prior to giving the pile an even shape.
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English Explanation of Mishnah Peah
He may always give peah and be exempt from giving tithes until he makes a stack. This section refers to a field owner who didn’t leave his peah in the field but rather harvested it and began to process it. The mishnah teaches that he can still declare it to be peah and thereby exempt it from tithes up until the point where he smoothes it out to make it into a stack. As we shall see throughout this whole mishnah, making something into a stack is the point at which the status of the item is set. So if he calls it peah before he makes it into a stack then it is peah. But if he does so after he makes it into a stack it does not have the halakhic status of peah.
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Bartenura on Mishnah Peah
ונותן משום הפקר ופטור מן המעשרות – He who makes his grain ownerless and another [person] comes and takes possession of it, the person who benefits from it is not liable for tithes, as it is written (Deuteronomy 14:29): “Then the Levite, who has no hereditary portion as you have…” excluding the situation where it is ownerless, where “your hand” and “his hand” are equivalent. But an individual who declares his grain ownerless after giving the pile an even shape, this [grain being] ownerless does not exempt him from tithing.
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English Explanation of Mishnah Peah
One who gives [to the poor] as ownerless [produce] and be exempt from giving tithes until he makes a stack. This section refers to someone who left peah in the field and wants to give some of his already-harvested produce to the poor without having to take out tithes. As before, he can declare his produce ownerless in order to give it to the poor and thereby exempt it from tithes up until the point where he has made it into a stack. If he declares it ownerless after it has already been made into a stack then he must take out tithes.
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Bartenura on Mishnah Peah
ומאכיל לבהמה – And even if he himself is permitted to eat an incidental meal (i.e., snack) prior to giving the pile an even shape, but the cattle eat even a regular meal.
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English Explanation of Mishnah Peah
He may feed cattle, wild animals and birds and be exempt from giving tithes until he makes a stack. If the crops harvested are normally eaten by people, he may give it to animals without taking out tithes until he has made a stack. Once he made a stack he must take out tithes even if he is going to use it for animal food.
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Bartenura on Mishnah Peah
נוטל מן הגורן וזורע וכו' – since from the Torah, one who sows the field is exempt from tithing even after giving the pile an even shape, as it is written (Deuteronomy 14:22-23): “You shall set aside every year a tenth part [of all the yield of your sowing that is brought from the field]. You shall consume [the tithes of your new grain and wine and oil…].” But we do not call one who sows “you shall consume,” but according to the Rabbis, he is liable. Rabbi Akiba thinks that prior to giving the pile an even shape, one is exempt from tithes, even according to the Rabbis. But the Halakha is not according to Rabbi Akiba.
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English Explanation of Mishnah Peah
He may take from the threshing floor and use it as seed and be exempt from giving tithes until he makes a stack, the words of Rabbi Akiva. He can use seeds from the produce without taking tithes until he has made a stack.
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Bartenura on Mishnah Peah
שלקחו את הגורן – who purchased grain from the threshing floor/granary, and the Sages fined him so that they would be liable to separate out the heave-offerings and tithes and give them to other Kohanim and Levites in order that they would not jump to purchase grain or wine in the wine-presses or granaries. But if they purchased it prior to giving the pile an even shape, this grain was not yet appointed [as ready] to be given as tithes, and the tithes are theirs.
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English Explanation of Mishnah Peah
A priest or Levite who purchase [grain of] a threshing floor, the tithes are theirs unless [the owner] has already made a stack. A priest and a Levite who purchase crops from an Israelite before the crops have been made into a stack may keep the tithes for themselves. However, once the Israelite makes a stack with the crops, the crops now become liable for tithes and the priest or Levite who buys them is allowed to keep the tithes for themselves.
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Bartenura on Mishnah Peah
המקדיש ופודה – A person who sanctifies his granary [to the Temple] and redeems it from the hand of the treasurer, and it is a stack of grain or standing corn that was not yet appointed [as ready] to be given as tithes when it was in the hands of the sacred Temple property, the one who redeems it must take out from it the tithes. But if the granary had been shaped into an even pile by the hand of the treasurer, since at the time that it was worthy of being appointed [as ready] to be given as tithes, that is, at the time of when it had been shaped into an even pile, it was in the hand of the Temple, the redeemer is not liable to remove from it the tithes as that which is dedicated to the Temple is exempt from tithing.
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English Explanation of Mishnah Peah
One who dedicated [his crop] and redeems it [afterwards] is obligated to give tithes until the Temple treasurer has made a stack. Produce that belongs to the Temple is exempt from tithes. If he dedicates his crops to the Temple and then redeems them before the Temple treasurer (or his agents) made the crops into a stack he must separate tithes because at the point that the crops became liable to tithes they already didn’t belong to the Temple. If the Temple treasurer makes the stack before he redeems them then they are exempt from tithes. Redeeming dedicating property means giving money in place of the dedicated object. Often a person would dedicate an object such as a house, a field, an animal or even another person to the Temple. Under most circumstances, the person could then redeem the object and give the value of the object instead of the object itself.
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