Commento su Pe'ah 1:7

אלו דברים שאין להם שיעור – From the Torah [itself, it (the corner of the field) has no fixed measure], but from [the perspective of] the Rabbis, it has (another) measure, for it is taught at the end of the Mishnah (actually in Mishnah 2), “we don’t [bring any] less than one-sixtieth.

Introduction This is a famous mishnah because it is recited in the early part of the prayer service, after the blessing for learning Torah. The reason it is here in the beginning of tractate Peah is that it teaches that there is no maximum measure to the amount of peah (corners of one’s field I will generally use the Hebrew term) that one can leave to the poor. The following mishnah will teach that there is a minimum amount.

הפאה – that an individual is obligated to leave at the edge of his field for the poor, as it is written (Leviticus 23:22), “[And when you reap the harvest of your land,] you shall not reap all the way to the edges of your field,[or gather the gleanings of your harvest; you shall leave them for the poor and the stranger: I the LORD am your God.].”

These are the things that have no definite quantity: The corners [of the field]. First-fruits; [The offerings brought] on appearing [at the Temple on the three pilgrimage festivals]. The performance of righteous deeds; And the study of the torah. There is no maximum amount for all of the things listed in this section. A person can give or do as much of them as he wants. A. Peah this is one of the main topics of our tractate. B. First fruits brought to the Temple and given to the priests (Deuteronomy 26:1). If a field owner should so desire he may bring his entire crop as first fruits. C. These are sacrifices brought to the Temple on the three festivals, Pesah, Shavuot and Sukkot (Deuteronomy 16:16-17). A person can bring as many of these sacrifices as he wants. D and E. The last two things listed in this section (both are also listed below) are two of the most important activities in which a person can engage, according to rabbinic thought. Righteous deeds are also termed “deeds of loving kindness (gemilut hasadim).” This would include giving money to the needy but go far beyond that to include visiting the sick, burying the dead, finding a spouse for someone and other acts of kindness that help improve the lives of others.

והביכורים – As it is written (Exodus 23:19), “The choice first fruits of your soil you shall bring to the house of the LORD your God…”(see also the exact same formulation in Exodus 34:26, which is the chapter source for the next Biblical quote), and the Torah did not provide for them a [fixed] measure.

The following are the things for which a man enjoys the fruits in this world while the principal remains for him in the world to come: Honoring one’s father and mother; The performance of righteous deeds; And the making of peace between a person and his friend; And the study of the torah is equal to them all. The second section lists mitzvoth for which a person sees an immediate reward, meaning he “enjoys the fruits in this world” and he also receives a reward for performing a mitzvah, a reward delayed until the world to come. In other words, these are mitzvoth which are beneficial in and of themselves, regardless of any “external reward” such as the reward one might hope to get in the world to come. The four are self-explanatory. One can easily see that these four mitzvoth immediately benefit both the one who performs them and the one for whom she is doing the mitzvah. It is interesting that the sages were so perceptive as to notice that the primary beneficiary of these mitzvoth is not the person for whom the mitzvah is being performed, but the one who performs the mitzvah. We probably have all experienced the amazing feeling of helping out another person and know that when we do so, we not only help others but we help ourselves as well.

והראיון – That a person is obligated to appear in the Temple court on the three Pilgrimage festivals (Passover, Shavuot and Sukkot), as it is written (Exodus 34:23), “Three times a year all your males shall appear [before the Sovereign LORD, the God of Israel,”(see also, Exodus 23:20 and Deuteronomy 16:16) for virtually identical language)” and this appearance in the Temple has no fixed measure, for whenever that he (i.e., that person) wishes to, he goes up and appears and then leaves. Another interpretation: The burnt offerings of “appearing” and the peace offerings [brought] as the festive offering of the visitors of the Temple on the festivals which [a person] is obligated to bring as it is written (Exodus 34:20) “…None shall appear before Me empty-handed” (see also Deuteronomy 16:16 for an identical command)., have no [fixed] measure from the Torah, as it is written (Deuteronomy 16:17), “but each with his own gift, [according to the blessing that the LORD your God has bestowed upon you],” but the Sages gave them a measure (see Mishnah Hagigah 1:2 in a dispute between the School of Shammai and the School of Hillel), the burnt offering is one m’ah silver and the festival offering is two silver pieces.

וגמילות חסדים – [and deeds of lovingkindness] of one’s body, such as visiting the sick and burying the dead and others like them, but deeds of lovingkindness [performed] with one’s money , such as the redemption of captives, the clothing of the naked and the feeding of the hungry and others like them, there is a [fixed] measure that one should give every time such a Mitzvah should come to his hand [to perform which is], one fifth of the profit of one’s possessions, and beyond that, one is not obligated [to give], as we say, a person who wants to be liberal (in his giving of tzedakah on a large scale), should not give more than twenty percent (see Ketubot 50a). Therefore, it is necessary for a person to separate out one fifth of his profit at all times so that it would be [readily] found whenever [an opportunity] to perform an act of lovingkindness comes to his hand, in order that he can sustain him (i.e. the less fortunate), and in that way, he fulfills his obligation.

ותלמוד תורה – [The Study of Torah] has no fixed measure, as it is written (Joshua 1:8), “[Let not this Book of the Teaching cease from your lips,] but recite it day and night, [so that you may faithfully observe all that is written in it…].”

ותלמוד תורה כנגד כולם – it (Torah study) is of equal importance to them all.

אין פוחתין לפאה מששים – from according to the Rabbis [no less than 1/60th]

Introduction This mishnah teaches that although there is no measure for peah, as we learned in yesterday’s mishnah, there is a minimum measure. The mishnah also provides a general means for determining how generous a person should be.

אף על פי שאמרו אין לפאה שיעור – As we have stated (that there is no measure) from the Torah itself.

They should not leave peah of less than one-sixtieth [of the field]. One shouldn’t leave less than one-sixtieth of his field as peah, meaning the four corners added up together should equal at least 1/60 of the field.

הכל לפי גודל השדה – If his field was large and the [number of] poor people few, he provides and increases upon the 1/60th measure – according to the size of his field; and if his field is small and the poor are many, he adds upon the 1/60th according to the multitude of the poor [in the midst of the community].

But even though they said, “there is no measure for peah,” everything depends upon the size of the field, the number of poor people, and the extent of the yield. When one is trying to determine how generous to be with leaving peah he should take three things into account. The first is the size of the field. If he has a big field then he should be able to afford to leave more of it as peah. The second is the number of poor people in his town. The more poor people the more peah. Finally he should take into account how much crops his field yielded, the better the yield the more he should give.

ולפי הענוה – [according to their humility]. There are those who have as their reading of the text ענוה – with a [letter] VAV, that is to say, according to his great measure of humility, he will increase [his gift] to the poor, based upon the language [found in] (Psalms 18:36), “Your care has made me great.” And Maimonides explained the expression as עניה [with a YOD], that is to say, how the earth will “respond” [as in Hosea 2:24 – “And the earth will respond with new grain and wine and oil…”]. And there are those who have as their reading of the text ענבה – with a BET, and its explanation is the large size of the grain and their smallness, for if the ears of corn of the field are in one place are full and good and in another shriveled [and] thin, he should not leave the corner of the field complete from the bad [grain], but he should estimate one-sixtieth for the bad [parts] and for the pleasing [parts].

מתחלת השדה ומאמצעה – And one does not need to place down the “corner” at the end of the field, as it is written (Leviticus 19:9): “[When you reap the harvest of your land,] you shall not reap all the way to the edges of your field…” said the Torah: Give the “corner” and even though you still have standing grain to reap.

Introduction Usually one leaves the corners of one’s field for peah at the corners of the fields. However, one can leave parts in the middle or even at the beginning of the field. This is the topic of our mishnah.

ובלבד שיתן בסוף כשיעור – Even though the Bible extends [the application (of the word פאה ) to include] the beginning and in the middle of the field which have [upon them] the Torah-obligation of [giving] Peah [upon it] to what he had given, nevertheless, he is only exempt if he gives at the end of the field a payment [equivalent to] the measurement of one-sixtieth, together with what he had given in the middle and at the beginning, such is derived in the Jerusalem Talmud. And Maimonides explained that only as long as he gives at the end according to the measure of PEAH that is required for the entire field, that he must set aside at the end of the field one-sixtieth apart from what he had left at the beginning and middle [of the field].

They may give peah at either at the beginning of the [reaping of the] field or at the middle of it. As stated in the introduction, he can give peah anywhere in the field he wants.

ואם שייר קלח אחד – At the edge of the field and left it for the [obligatory] “corner”, he relies upon it, and everything that he left in the middle and at the beginning, the law of “Peah” is upon it.

Rabbi Shimon says: as long as he gives at the end according to the set amount. Rabbi Shimon says that he must fulfill the mitzvah of peah by giving the minimum measure at the corners of the field. He may be as generous as he wants in the beginning and middle of his reaping but he must also leave the corners of the field as peah. There might be two ways of understanding this. First of all, the Torah specifies the corner and hence he cannot just leave other parts of the field. Second, this might encourage cheating. A person might lie and say that he left something in the middle of reaping and that the poor had already come and collected.

ואם לאו – If he did not leave even one stalk at the edge of the field for [the fulfillment of the commandment of] “the corner,” what he had left in the middle and at the beginning [of the field] are not considered “the corner” but it has only the principle of HEFKER/renunciation of ownership and he (Rabbi Yehuda) disagrees with [the opinion of] Rabbi Shimon who says, that nevertheless, it is considered “PEAH/the corner” - but that the owner of the field is not exempted [from his obligation to give PEAH] with this [alone]. And the Halakha is according to Rabbi Shimon.

Rabbi Judah says: if he leave, one stalk, he can rely on this as [fulfilling the law of] peah; and if he did not, then he only gives as ownerless property. Rabbi Judah says that as long as he leaves one stalk for himself in the beginning of his harvest, he can give the part of the field near this stalk or even the rest of the field as peah. The stalk becomes “his field” and the rest of the field becomes peah. However, if at the beginning of the harvest he didn’t leave even a stalk then the rest of the field cannot be considered peah. If he wants to give the beginning of the field to the poor, he is not giving it as peah rather he is renouncing ownership so that the poor can come and collect. The result of the field being ownerless is the same as the result of it being peah both ownerless property and peah are exempt from tithes.

כל דבר שהוא אוכל – [Food] that excludes the after-growth of a plant producing a deep blue dye/woad, for even though they are “food” from an emergency perspective, it is not called “food” and one is not liable for [the mitzvah of] Peah/the corner of the field [regarding this product]., as it is written (Leviticus 19:9), “When you reap the harvest [of your land, you shall not reap all the way to the edges of your field, or gather the gleanings of your harvest],” there is no “harvest” other than that which is appropriate for eating.

Introduction This mishnah teaches a general principle used to determine when the laws of peah are applicable.

ונשמר – Excluding that which is ownerless/HEFKER which has no guardians, is not liable for [the Mitzvah of] the “corner of the field/PEAH,” as it is written (Leviticus 19:10), “…you shall leave them for the poor and stranger [I the LORD am your God],” excluding that which is ownerless, which has already forsaken.

They said a general principle concerning peah: whatever is food, and is looked after, and grows from the land, and is harvested all at the same time, and is brought in for storage, is subject to the law of pe'ah. There are five rules for determining which plants are liable for peah. 1. It has to be food, meaning something that people eat. Animal food does not count. 2. It has to be looked after, meaning that it has an owner. One who reaps an ownerless field does not have to leave peah. 3. It has to grow from the ground. This, according to the rabbis, excludes mushrooms, which don’t have any roots (again, according to the rabbis). 4. There has to be one harvest season. This excludes many fruits of trees which do not have one harvest season, such as figs. 5. It has to be something that can be stored. This excludes vegetables which cannot be stored because they go bad.

וגידולו מן הארץ –[something that grows in the ground], excluding morils and truffles lack roots in the land, and their growth is from the air which are not liable for [the Mitzvah of] the corner of the field/PEAH, as it is written (Leviticus 19:9), “[When you reap] the harvest of your land…”

Grain and beans are in this category. The mishnah lists two types of plants that definitely fit these categories. The first is grain, which includes five types of grain (wheat, barley, spelt, rye and oats) and the second is beans.

ולקיטתו כאחד – [and such fruits harvested all at once (not singly as they become ripe)] excluding figs and those [fruits] similar to them from the trees when the fruits are harvested first as they ripen , as it is written (Leviticus 19:9), “[When you reap] the harvest [of your land]…,” implying when many of something are harvested together.

ומכניסו לקיום – excluding vegetables which do not endure as they grow moldy immediately, as it is written (Leviticus 23:22), “[And when you reap the harvest of your land], you shall not reap all the way to the edges your field, [or gather the gleanings of your harvest]…” as vegetation is not reaped.

תבואה והקטניות – grain of the five kinds – wheat, barley, spelt, oats and rye. KITNIYOT/pulse beans, beans and lentils and things similar to this.

בכלל הזה – To be obligated in [the Mitzvah of] PEAH/the corner of the field, when they will complete all of these conditions.

האוג – [the red berry of the Venus’ summachtree] – a tree whose fruit is red which is called in a foreign language KURNI ULIM. And Maimonides explained that it is a plant that dresses hides and is called in Arabic SIMMAC, and its clusters are appropriate for eating, but not specifically these which the Tanna [of our Mishnah] enumerated are liable for [the Mitzvah of] PEAH/the corner of the field and not other kinds of trees other than these, rather these and anything similar to them are mentioned.

Among trees: the sumac, the carob, the nut, the almond, the grapevine, the pomegranate, the olive and the palm are subject to peah.
This mishnah teaches which trees are subject to the laws of peah. The fruit of all of these trees is harvested in one harvest and is not harvested more gradually over a longer period of time. Other trees such as figs are exempt from 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.