Commentaire sur Péa 3:6
רַבִּי אֱלִיעֶזֶר אוֹמֵר, קַרְקַע בֵּית רֹבַע, חַיֶּבֶת בַּפֵּאָה. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, הָעוֹשָׂה סָאתַיִם. רַבִּי טַרְפוֹן אוֹמֵר, שִׁשָּׁה עַל שִׁשָּׁה טְפָחִים. רַבִּי יְהוּדָה בֶן בְּתֵירָה אוֹמֵר, כְּדֵי לִקְצֹר וְלִשְׁנוֹת. וַהֲלָכָה כִּדְבָרָיו. רַבִּי עֲקִיבָא אוֹמֵר, קַרְקַע כָּל שֶׁהוּא, חַיֶּבֶת בַּפֵּאָה, וּבַבִּכּוּרִים, וְלִכְתֹּב עָלָיו פְּרוֹזְבּוּל, וְלִקְנוֹת עִמּוֹ נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה:
Le rabbin Eliezer dit: La terre [la taille d'un] beit rova [la mesure du quart] est obligatoire à Peah ; Rabbi Yehoshua dit: Cette [quantité de terre] qui produit deux Seah [une unité spécifique de volume]; Rabbi Tarfon dit: Six [largeurs de main] par six largeurs de main. Le rabbin Yehudah ben Beteirah dit: [La taille qui serait nécessaire] pour récolter et répéter, et la loi est selon ses paroles. Rabbi Akiva dit: Toute taille de terre est obligatoire à Peah et à Bikurim [Premiers fruits qui doivent être apportés au Temple et donnés au prêtre], et un Pruzbul [arrangement juridique qui évite l'annulation obligatoire des dettes personnelles l'année sabbatique en les notifiant au tribunal, et en étant par la suite nommé leur agent pour la collecte] peut être écrit contre lui, et les biens meubles sont acquis avec lui au moyen d'argent, de contrat ou de chazakah [action prise sur un bien pour formaliser son acquisition légale ].
Bartenura on Mishnah Peah
קרקע בית רובע – a place where it is appropriate to sow in it one-quarter of a Kab, and they explained it as ten and one-half cubits by ten cubits by proportion.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
Introduction This mishnah deals with the minimum size that land needs to be for one to be liable to give peah from it.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
העושה סאתים – Rabbi Yehoshua does not follow after sowing, but rather the ground that produces two Se’ah which is twelve Kabs.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
Rabbi Eliezer says: a piece of ground [large enough to plant] one fourth of a kav is liable for peah. This is estimated to be about 10.5 cubits by 10.5 cubits, or about 35 square meters.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
לקצור ולשנות – it is the manner of reapers that he grasps a palm’s worth from the flour and reaps, as it is written (Psalms 129:7): “that affords no handful for the reaper, [no armful for the gatherer of sheaves],” that the reaper did not have a handful. And if there is among the standing corn in order to fill his hand twice, he is liable for Peah.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
Rabbi Joshua says: it must [be large enough] to grow two seahs. Rabbi Joshua sets the minimum amount not based on how much seed can be planted but based on how much produce can be grown. A seah is 6 kav, and a kav is about 2 liters, so the amount of grain has to be about 12 liters.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
קרקע כל שהוא חייבת בפאה – as he holds, “the corner of your field” (Leviticus 19:9) is implied, and he is in dispute with everyone.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
Rabbi Tarfon says: it must be six by six handbreadths. This is a very small piece of land, about one square meter.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
ובכורים – as it is written regarding them “your land” (Exodus 23:19, 24:36). And these words concern the first-fruits of wheat and barley, but the first-fruits of trees – he is not liable other than if he has land sixteen cubits around the tree which is the measure of its absorption.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
R. Judah ben Batera says: [it must be large enough] for a sickle to cut at least two handfuls and the halakhah is according to his words. According to Rabbi Judah ben Batera the field need only be large enough for a person harvesting to have to grasp two handfuls of stalks while he chops them down with his sickle. The mishnah notes that this is the accepted halakhic position. It is rare for the Mishnah to state this.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
ולכתוב עליה פרוזבול – Hillel instituted the Prosbul, when he saw that people were prevented from making loans to the poor because the [upcoming] seventh year cancels the debt, he instituted that one should transfer their documents to the Jewish court and write: “I transfer to you, so-and-so and so-and-so the judges every liable that I have that I will collect at the time when I desire,” and when they have written for him this document the seventh year does not cancel his debt (see Mishnah Shevi’it, Chapter 10, Mishnayot 3-4), and specifically when the borrower has a parcel of land, even a bit, and it is then considered as if the debt is collected already in the hand of the Jewish court, and further, we don’t call it (Deuteronomy 15:2): “he shall not dun,” and we consider the land, however small, as if it is worth the entire debt as there is no overreaching for land.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Peah
Rabbi Akiva says: any size of land is liable for peah and for first-fruits, and [is sufficient] for the writing of the prozbul, and also to acquire through it movable property by money, by deed, or by a claim based on undisturbed possession. To Rabbi Akiva, it doesn’t matter how big the plot is, he is always liable for peah. Rabbi Akiva goes on to say that the same is true for a few other halakhot. We shall go through them one at a time. First fruits, or bikkurim, are referred to in Deuteronomy 26. A prozbul is a document written in order to prevent the remittance of debts in the sabbatical year. In order for the creditor to write this document the borrower must have land. We shall learn about the prozbul more fully when we study tractate Sheviit, which deals with all of the laws of the Sabbatical year. The last law refers to something we learned in Kiddushin 1:5. According to halakhah movable property, i.e. things, can only be bought by taking physical possession of them. In contrast, land can be purchased by money, by deed, or by a claim based on undisturbed possession (I shall explain this in a moment). A person may purchase things without taking physical possession of them if he also acquires land at the same time. In other words, I can give you money for your land and at the same time I can buy from you cows and sheep without taking possession of them. “Undisturbed possession” is a concept which we learned about in Bava Batra 3. It means that if Reuven lives on a piece of land for three years and then Shimon comes to him with a deed to the land and says get off my land, and Reuven responds that Shimon sold him the land and that he had lost the sale document, Reuven can stay on the land. Had Shimon thought that the land was his he should have protested within three years. “Undisturbed possession” is one of the three ways through which one can acquire land.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Peah
ולקנות עמה נכסים שאין להם אחריות – for movables are acquired with the land, by money, by documentation, or by claim of undisturbed possession (during a legally fixed period).
Ask RabbiBookmarkShareCopy