Commento su Shevi'it 1:11

עד מתי חורשין בשדה האילן – further on (i.e., in Mishnah 2), it explains what is a שדה אילן /a field containing at least three trees within a distance of a Se’ah (i.e., a cultivated field in which trees grow; an orchard).

Introduction As with many mishnayot, our mishnah begins with the first chronological point of the sabbatical laws, the sixth year which proceeds the sabbatical year. According to the rabbis, some of the sabbatical year prohibitions begin in the sixth year. This concept is called “tosefet sheviit” the additional time of sheviit. There is somewhat of a debate in talmudic literature over whether this additional time is from the Torah or is a long-standing tradition. Our mishnah discusses “tosefet sheviit” for an orchard.

ערב שביעית – that it is necessary to add from the sixth year on to the seventh year in the prohibition of working the land, and further on (i.e., Mishnah 4), we will derive it from Biblical verses.

Until when may they plow an orchard in the sixth year? Bet Shammai say: as long as such work will benefit the fruit. And Bet Hillel says: till Atzeret (. According to Bet Shammai, as long as the plowing that one does to an orchard is beneficial for that years’ fruit, then it is allowed. Once the plowing starts to be in preparation for the seventh year, it is already prohibited. Instead of giving a time that is somewhat subjective, Bet Hillel gives a set date Shavuot. Until Shavuot it is permitted to plow, and after Shavuot it is forbidden.

כל שמן שהוא יפה לפרי – that is to say that the ploughing is auspicious for the produce, as he would prepare the ground for the needs of the sixth year and not for the needs of the seventh [year].

The views of this [school] are close to those of the other. The anonymous voice in the Mishnah notes that the dates of the two schools are not that far apart from one another. This might cause us to ask why they disagree. There are a few answers that I could think of. The first is that although there is only a small amount of time difference, it is still significant. This is not a particularly satisfactory answer because then we would have to ask why the mishnah says that the two are indeed so close to one another. A different answer is that Bet Hillel wants an objective, hard and fast date, whereas Bet Shammai is more willing to live with a more subjective criterion. The answer that I prefer is that Bet Shammai prefers to attach the prohibition to nature, or physical reality. At a certain point plowing stops being for this year’s fruit and then it becomes prohibited. Bet Hillel on the other hand wants to tie the prohibition into a legally determined date, a date set by a court and not by nature.

עד העצרת – for until Atzeret/Shavuot, it is auspicious for the produce and not for more than that. And from Atzeret and onward, it appears that he is preparing for the needs of the seventh year. But in a bright, shade-less field (vegetable or grain field) where there is no tree, until Passover. But this Mishnah is the “earliest collection of Mishnah/משנה ראשונה and is not the Halakha, for Rabban Gamaliel and his Jewish court counted on these two periods of time, which are Passover for a bright shade-less field and Atzeret/Shavuot for a cultivated field in which trees grow, and permitted them [to work the fields beyond these established times] [so that] it is permitted to plough until Rosh Hashanah of the seventh year.

לבית סאה – land which is fifty cubits by fifty cubits (i.e., a cubit is a measure equal to the distance from the elbow to the tip of the middle-finger).

Introduction In yesterday’s mishnah we learned up until what point before the sabbatical year one may plow an orchard. Today we learn how many trees in a field are necessary for it to be considered an orchard. If it is not considered an orchard, then they will have to stop plowing the field at an earlier point in the year.

ככר דבלה – the dry figs are made by with a press similar to a loaf of bread which are called a cake of pressed figs.

What constitutes an orchard? Any field in which there are at least three trees for every bet seah. A bet seah is 2500 square cubits. If there are three trees in a field this size, then the bet seah can be treated as an orchard.

באיטלקי – in the Italian Maneh (= 25 Selah) of Greece and since it was such in the days of Moses, we estimate by it and Maneh is one-hundred Denarim and the Denar is six Maot and the weight of each M’ah is sixteen intermediate-sized hairs/panacles.

If each tree is capable of yielding a cake of pressed figs, the size of sixty in the Italian maneh, then the entire bet seah may be plowed for their sake. The three trees that constitute this orchard must each be able to produce a cake of pressed figs the size of sixty Italian manehs. According to commentators, this is about 24kg. If these two criteria are filled, than they may plow the entire bet seah until Shavuot, since the plowing of the entire field benefits all the trees.

פחות מכאן – from a cake of sixty Maneh we do not plow the entire field requiring one Seah of seed other than under the tree alone, or outside of it, as much as its light and its basket that collects figs is called “its light” (??chaff) like one who harvests dates and cuts grapes.

If less than this amount, they may only plow the area that is occupied by the gatherer when his basket is placed behind him. However, if there are fewer trees or they produce less fruit, then they may plow only around those trees. The space they may plow is the size of a fruit-gatherer and his basket, as he walks around the tree. The rest of the field has more stringent rules, those which apply to a grain field, which may only be plowed until Pesah, as we shall see in chapter two below.

וסלו – the basket into which he places what he picks and the rest of the field is considered a bright, shade-less field and we don’t plow it other than until Passover.

אחד אילן סרק – that does not bear fruit and they are planted three to a Bet Seah (50 cubits by fifty cubits – see the previous Mishnah).

Whether they are fruit-bearing trees or non-fruit-bearing trees, we treat them as if they were fig-trees. If they are capable of yielding a cake of pressed figs, the size of sixty in the Italian maneh, then the entire bet seah may be plowed for their sake. If less than this amount, they may plow them only for their own needs.
In yesterday’s mishnah we learned that in order for the field to be considered an orchard, it needs to have three trees that bear a certain amount of fruit. Our mishnah adds that if there are non-fruit-bearing trees in the field, we look at them as if they were fig trees. In other words, if these trees are large enough such that if they were fig trees each tree would have been able to produce a cake of pressed figs the size of sixty maneh, then they count and the whole field may be plowed. If they are smaller, then the whole field may not be plowed; only the space surrounding that tree may be plowed. The remainder of the mishnah is just a repeat of yesterday’s mishnah.

אם ראויין לעשות – we view each and every tree on its own – if it is a fig tree and things similar to it, it would make a loaf of pressed figs and for what reson did they estimate with a fig on its huge fruit and that it makes a lot.

לצרכן – filled with light/sun and its basket is external to it.

עד שיהיו מג' ועד ט' – meaning to say, this law that we stated, meaning from three until nine [trees], but if there were ten [trees] or more, even though they don’t produce [fruit], we plough [the entire Bet Seah].

Introduction The first half of this mishnah continues to deal with the same subject with which we have been dealing with since the beginning of Sheviit--when may one plow an entire field of trees and when one may plow only the individual trees? The second half of the mishnah deals with Exodus 34:21, which states, that plowing and harvesting are forbidden on the Sabbath. The sages wondered why the verse would specify a prohibition of plowing and harvesting on the Sabbath when all work is prohibited. Hence they took the verse out of context and applied it to the Sabbatical year, instead of Shabbat (the sabbatical day).

שנאמר בחריש ובקציר תשבות – it refers to the first clause, as it is taught [at the conclusion of Mishnah 3 of this chapter): “We plow them only according to their need.” And from where do we learn that we don’t plough the entire Bet Seah, as it states (Exodus 34:21): “ you shall cease from labor even at plowing time and harvest time,” and if it has no connection with the Sabbath of Creation, as it is already stated (Exodus 20:9): “Six days you shall labor and do all your work,” and not for Shemittah/the Sabbatical Year , for it already states (Leviticus 25:3): “Six years you may sow your field and six years you may prune your vineyard [and gather in the yield],” teach it in connection with the two periods of the Eve of the Seventh (i.e., Sabbatical) year – from Passover for a grain or vegetable field/a bright field without shade, and from Shavuot for an orchard (see Tractate Sheviit, Chapter 2, Mishnah 1). And this is what the Biblical verse said: “at plowing time” when its harvesting is forbidden. And which is this? The plowing of the Eve of the Seventh year [which enters into the Seventh year] you should cease/rest, and in the harvesting, where plowing is forbidden. And which is this? This is the harvesting of the Seventh year that extends into the year following the Sabbatical year, you should alsorest/cease, and the after-growth/spontaneous growth (see Tractate Sheviit, Chapter 9, Mishnah 1) that grew during the Sabbatical year or that if he transgressed and sowed on the Sabbatical year is forbidden to harvest them in the eighth year.

If one of the trees was capable of bearing a cake of dried figs [weighing sixty manehs], and the other two unable; or, if two could do so, but one cannot, then they may plow them only for their own needs. If one or even two of the trees was large enough but the others were not, they still may only plow the individual trees and not the whole field.

ר' ישמעאל אומר – the Biblical verse always talks about the Sabbath as its plain meaning, and it comes to inform us: just as plowing [which] is a voluntary act [is prohibited on the Sabbath], for you do not have a commanded form of plowing, so [only] harvesting, which the All-Merciful stated “you shall rest/cease,” [which likewise] is voluntary [is prohibited on the Sabbath] but excludes the harvesting of the Omer/the first sheaf [and is therefore permitted on the Sabbath – see Tractate Menahot, Chapter 10, Mishnah 9], that is a Mitzvah and that we require harvesting for its sake which supersedes the [observance of] the Sabbath.

[This is the rule if the number of trees is] from three to nine, but if there were ten trees or more, whether they produce [the requisite amount of fruit or not] the whole bet seah may be plowed on their account. However, if there were more than ten trees, then they can plow the entire field, even if those ten trees don’t produce the requisite amount of fruit.

As it says: “In plowing and in harvesting, you shall rest” (Ex 34:21). It was unnecessary to state plowing and harvesting in the seventh year, rather [what it means is] the plowing of the year preceding which encroaches on the sabbatical year, and the harvest of the seventh year which extends into the year after. This midrash is the basis of the entire first three and a half mishnayot of the tractate. According to the rabbinic way of reading the Torah, this verse is seemingly superfluous, since we already know that one must rest on the Sabbath. Their answer is twofold. First of all, this verse applies to the sabbatical year, and not to the Shabbat. Second, it would also be unnecessary for this verse to prohibit plowing and harvesting in the sabbatical year itself because Leviticus 25:4-5 has already prohibited similar activities. Therefore, the mishnah interprets this verse as referring to the plowing that precedes the Sabbatical year and to harvesting that occurs after the Sabbatical year. As we have learned throughout the chapter, it is forbidden to plow a field for the benefit of produce that will grow in the sabbatical year. Here we learn that in the year following the Sabbatical year it is forbidden to harvest produce which mostly grew during the Sabbatical year, or that was illegally sown during the Sabbatical year.

Rabbi Ishmael says: just as plowing is an optional act, so harvesting [referred to in the verse] is optional, thus excluding the harvesting of the omer [which is obligatory]. R. Yishmael gives an entirely different interpretation of the verse. He interprets the verse to refer to the Shabbat and not to the Sabbatical year. As to why this verse is necessary, after we have learned elsewhere that work is prohibited on Shabbat, Rabbi Ishmael explains that this verse comes to teach us that only “optional” harvesting is prohibited and not “obligatory” harvesting, the only example of which is the harvesting of the Omer on the second day of Pesah. If the second day of Pesah should fall on Shabbat, which it can according to the rabbinic calendar (but not according to the Sadducean calendar, where it always falls on Sat. night) then the harvesting of the Omer (the first barley) supersedes the Shabbat prohibition. Just as plowing is optional and therefore prohibited, so too the only type of harvesting that is prohibited is that which is optional.

הרי אלו מצטרפין – and they are considered as if they (i.e., the trees join together to form a single orchard) belong to one person, and they plow the entire Bet Seah for them.

Introduction This mishnah continues to deal with the question of when three trees in an orchard justify plowing the entire orchard up until Shavuot in the year preceding the sabbatical year.

וכמה יהא ביניהן – between one tree and another.

Three trees belonging to three persons, they join together and they may plow the entire bet seah on their account. The three trees count even if they are owned by three different people. In other words, what is critical is that there are three trees, even if they are not owned by the same person.

כמלא בקר וכליו - the yoke of an ox with the burden, and this is four cubits, but less than this, they are established as detached and they don’t plow from them.

What space should there be between them? Rabban Gamaliel says: sufficient for the driver of the herd to pass through with his implements. Trees must be properly spaced. If they grow too close to one another, then in order to care for them, the owner will have to thin them out. Therefore, if the trees in this orchard are too close together, they won’t count, because at least one of three trees is doomed to be cut down. Rabban Gamaliel says that the space left in between the trees must be sufficient for a person riding on animal to pass in-between while he is holding his tools. Any space less than this and one of the trees doesn’t count towards the necessary three trees needed to plow the entire field.

נטיעות (young trees) – young; and the old ones are called a tree, and here it comes to tell us that een though that three trees in a Bet Seah (i.e., 50 cubits by 50 cubits) is called an orchard and we plow the entire Bet Seat for them, with young trees, we don’t plow until there will be ten of them.

Introduction This mishnah teaches that if instead of adult trees the trees were young saplings, then the rule is different because young saplings require far more watering and care then do adult trees.

שורה – that are planted in one place like a wall and are not spread out.

If ten saplings are scattered over the entire area of a bet seah, they may plow the whole bet seah, even until Rosh Hashanah. When it came to adult trees, in order for it to be permitted to plow the entire field, the mishnah required three trees that produce a minimal amount of fruit. When it comes to saplings, if there are ten saplings in the field they may plow the entire field all the way up to Rosh Hashanah, without any “tosefet sheviit” extension of the sabbatical year.

שורה – The Aramaic translation of “wall” is a row.

But if they were arranged in a row or they were surrounded by a fence, they may plow them only for their own needs. However, if the saplings are not spread out through the entire field, but are rather set up in a row, then the entire field may not be plowed. Alternatively, if the saplings are surrounded by a fence, one that does not surround the entire field but just those saplings, then they are treated as individual trees and the remainder of the field may not be plowed. The reason is that since they are concentrated in one area, if someone plows the whole field, it will look like he is getting the field ready to be planted on the sabbatical year.

עטרה – a fence around them.

אין חורשין אלא לצרכן – because when they are spread out, they appear like one is plowing for the needs of the tree, but where they exist in one place, it appears like they are improving the land for the needs of the Seventh Year, and not for the needs of the trees.

הנטיעות והדלועים מצטרפין לבית סאה – with a Greek gourd, exactly is what our Mishnah is speaking which is large like a tree, but not with the rest of the gourds, and it is necessary that the young trees will be greater in number than the gourds as for example, when there are six young trees and four gourds, they combine to make ten and they plow the entire Bet Seah for their sake.

Introduction Our mishnah teaches that gourd plants, which also need to be plowed frequently, count as with the saplings.

רשב"ג אומר – even if all of the ten were gourds, they plow the entire Bet Seah for their sake, because they are like young trees. And the Halakha is according to Rabban Shimon ben Gamaliel.

Saplings and gourds are counted together within space of a bet seah. If there are a combination of ten saplings and gourd plants then they may plow the entire field. There are two caveats which the Talmud adds. First of all, these must be large gourd plants, large enough to justify needing to plow large plots of land to take care of them. Secondly, there must be more saplings then gourd plants, for instance six saplings and four gourds.

Rabban Shimon ben Gamaliel says: if there are ten gourds in the bet seah they may plow the whole bet seah until Rosh Hashanah. According to Rabban Shimon ben Gamaliel, gourd plants are treated just like the saplings. Thus if there are ten gourd plants, the whole field may be plowed all the way up until Rosh Hashanah.

עד שיחולו – until they go out to be unconsecrated produce in the fourth year through redemption, and if he did not redeem them in the fourth year until they became unconsecrated produce on their own in the fifth year.

Introduction In the previous mishnah we learned that saplings may be plowed up until Rosh Hashanah. Our mishnah defines up until what point a tree is a sapling sort of like asking, when is the bar mitzvah for a tree?

נטיעה בשמה – one year old it is called a young tree, and not further. A nother explanation: [The word] "כשמה"/according to its [common] meaning – all the while that people call it a young tree, they don’t call it "אילן"/a tree. And the Halakha is according to Rabbi Akiva.

Up until when are they called saplings?
Rabbi Elazar ben Azariah says: until they are permitted for common use. According to Rabbi Elazar ben Azariah, the tree is considered a sapling as long as its fruit is forbidden to be used because it is “orlah.” The fruit of a tree cannot be eaten for the first three years of the tree’s life and in the fourth year it is sanctified and it must be brought to Jerusalem and eaten there. It doesn’t become permitted for common use until the fifth year. At that point the sapling becomes a tree, according to this opinion. Congratulations tree! We’re very proud of you.

שנגמם – cut off

But Rabbi Joshua says: until they are seven years old. Rabbi Joshua says that the tree must be seven years old before it is no longer a sapling. The Tosefta explains that this refers to olive trees, which take longer to mature. Fig-trees are saplings until they are six, whereas the grape vine is a sapling until it is five.

חליפין (young shoots coming out of a stump) – growth , from the language of their stump grows new shoots/regenerates.

Rabbi Akiba says: [the word] sapling, [it goes] according to its name. Rabbi Akiba says that it depends on how people refer to the tree/sapling. If they call it a sapling, it doesn’t matter how old it is, it is still considered a sapling. And if they call it a tree, it is no longer a sapling, no matter its age.

כנטיעה – whether regarding the matter of plowing or the matter of Orlah. An the Halakha is according to Rabbi Shimon.

A tree which had been cut down and then produced fresh shoots: if one handbreadth or less, they are regarded as saplings, if more than a handbreadth they are regarded as trees, the words of Rabbi Shimon. If a tree has been cut down and starts to send out shoots again, it is in the category of “sapling” until the shoots are one handbreadth long. After that point, it reverts to being a tree.