Komentarz do Pea 7:6

כרם רבעי – A person who plants a food-bearing tree, in the fourth year, he brings the fruit to Jerusalem and eats them there in the holiness of the Second Tithe, or redeems them and brings their monetary-value to Jerusalem, as it is written (Leviticus 19:24): “In the fourth year all its fruit shall be set aside for jubilation before the LORD,” and we expound on [the word] הלולים/jubilation like redeemed to become secular again, as the All Merciful said, redeem it and then eat it.

Introduction For the first three years’ of a vine’s growth, its grapes are “orlah” and cannot be eaten. In the fourth year of its growth, they are like second tithe and must either be eaten in Jerusalem or redeemed and brought to Jerusalem where the proceeds are to be used to buy food. Our mishnah deals with these laws and in the second half of the mishnah it deals with the impact that these laws have on some of the agricultural gifts.

בית שמאי אומרים אין לו חומש – even though it requires redemption like the Second Tithe, the owners do not add the one-fifth for the Torah did not write [an added] fifth concerning it.

[The grapes of] a vineyard in its fourth year:
Bet Shammai says: the laws of the added fifth and removal do not apply to them; But Bet Hillel says: they do. According to Bet Shammai when one redeems the grapes of a fourth year vineyard, that is one takes money and transfers the holiness of the grapes onto the money and brings the money to Jerusalem, one does not need to add a fifth of the value, as one does for second tithe. With regard to second tithe Leviticus 27:31 states, “If anyone wishes to redeem any of his tithes, he must add one-fifth to them.” This, according to Bet Shammai, was stated only with regard to tithes and not with regard to the fourth-year vineyard. Bet Shammai also holds that another rule concerning tithes does not apply. Deuteronomy 14:28 states, “At the end of three years you shall bring out the full tithe of your yield of that year.” This means that at the end of three years one must get rid of all of the tithes within one’s household and give them to whomever they rightfully belong. According to Bet Shammai one does not have to get rid of the wine made of fourth year grapes. In short, Bet Shammai says that while there is some similarity between fourth year grapes and second tithe, they are not similar in all aspects. Bet Hillel says that all of the laws of second tithe apply to fourth year grapes. Therefore, when one redeems them he must add a fifth and they must be removed at the end of three years.

ואין לו ביעור – He is not obligated to remove it from the house on the Eve of Passover of the fourth year and the seventh year as one removes the tithes as it is written (Deuteronomy 26:13): “I have cleared out the consecrated portion from the house.”

Bet Shammai says: the laws of peret and the defective clusters apply to them, and the poor can redeem the grapes for themselves. But Bet Hillel says: all [of them] go to the wine-press. The laws of peret (fallen grapes) and defective clusters (olelot) do not apply to tithes. Since Bet Shammai does not hold that the laws of tithes apply to the fourth year grapes, they therefore hold that the laws of peret and defective clusters do apply. The poor people would take their peret and olelot, redeem them, and bring the money to Jerusalem, just as the owner does with his own grapes/wine. Bet Hillel, on the other hand, holds that the poor do not receive the peret and the olelot because the agricultural gifts of the poor do not apply to tithes. Rather the owners take all of the grapes and bring them to the winepress, make wine and then either bring the wine to Jerusalem or redeem the wine and bring the money to Jerusalem.

וב"ה אומרים יש לו – [He has the added] fifth and he has removal. The School of Hillel derives [through a Gezerah Shavah/analogy] as he learns the fourth year fruit from the Second Tithe (Leviticus 19:24: “In the fourth year all its fruit shall be set aside (קדש) for jubilation before the LORD,” and Leviticus 27:30: “All tithes from the land, whether seed from the ground or fruit from the tree are the LORD’s; they are holy to the LORD.”). Just as the Second Tithe has the additional fifth and it has the removal from the house, so also the fourth-year fruit has the added firth and the it has removal from the house. But the School of Shammai does not derive “holy/holy” from the Second Tithe (see the above verses).

יש לו פרט ויש לו עוללות – they are considered like non-sacred/secular produce.

והעניים פודין לעצמן – from the grapes fallen off during cutting/the poor man’s share and the gleaning reserved for the poor (i.e., the small single bunch on a single branch or hanging down directly from the trunk) that they had gleaned, eating them in their place and bringing their monetary value to Jerusalem.

ובית הלל אומרים כולו לגת – because they derive it from the Second Tithe and they hold that the Second Tithe is the money of the Most-High (God), therefore, the poor have no share in it. And they tread on the gleaning reserved for the poor with the rest of the wine and owners bring everything to Jerusalem.