Komentarz do Szewiit 6:2

עושים בתלוש – even with those who are suspected [of violating the Seventh Year by working the land], whereas in the Land of Israel, it is taught in the Mishnah (Tractate Sheviit, Chapter 5, Mishnah 9), that “she may not sift or grind [flour] with her [since the grain was gathered in violation of the law].”

Introduction Our mishnah refers to territory called “Syria”(not to be confused with modern Syria). This is land that was conquered by King David but was not conquered by Joshua. For many halakhot it has a semi-status, being in some ways treated like the land of Israel, but in other ways treated differently. We should note one other background law required to understand this mishnah. During the sabbatical year a farmer may not keep the produce that he grows in his field for himself. He is obligated to make it ownerless, such that anyone can come and take it. If he doesn’t make it ownerless then it is prohibited to work the field, as it is said in Leviticus 25:5, “You shall not reap the aftergrowth of your harvest or gather the grapes of your untrimmed vines.” Our mishnah, according to most commentators, refers to a person who has not made his field ownerless, and therefore, may not work the field.

סוריא – Aram Naharayim and Aram Tzovah that David conquered, and it is not like the Land of Israel for all matters because it was conquered before he (i.e., David) conquered the entire land of Israel, and in some of the laws, it was made to be like the Land of Israel and in some of them, like the Diaspora/outside the Land of Israel.

In Syria, one may perform work on produce that has been detached, but not on produced attached [to the soil]. They may thresh, winnow, and tread [the grapes], or make [the grain] into sheaves, but they may not harvest [the crops], nor cut the grapes, nor harvest the olives. In Syria some types of work are permitted and some are prohibited. Any work done with produce that has already been detached from the ground may be performed. The mishnah explains that this refers to threshing or winnowing grain, treading on grapes or making sheaves. However, they may not harvest anything. Since Syria is not actually the land of Israel, harvesting is not prohibited biblically, and is only prohibited by decree of the rabbis. The Yerushalmi explains that the rabbis carved out a middle status for Syria. They did not allow one to harvest there, so that Jews wouldn’t abandon the land of Israel and go live in Syria. However, when it came to working with produce detached from the land, the rabbis were not so strict, thereby enabling people who couldn’t earn a living in Israel, to go to Syria for the year and earn some money there.

אבל לא במחובר – as for example, harvesting olives, harvesting [grain] and harvesting grapes, and especially that which is guarded, but that which is declared ownerless, even in the Land [of Israel], it is permitted, as it is taught in Torat Kohanim (the Halakhic Midrash on the Book of Leviticus), from that which is guarded/preserved, you cannot harvest grapes, but you may harvest grapes from that which is declared ownerless, and the reason that they decreed in Syria regarding that which is attached, in order that they should not leave the Land of Israel and reside in Syria, and regarding that which is detached, they permitted in order that the poor people that are in the land of Israel will find a bit of room/space in Syria which is close by to them, and they won’t have to leave from the Land of Israel to the Diaspora/outside the Land of Israel.

Rabbi Akiva said this principle: the kind of work that is permitted in Eretz Israel may also be done in Syria. Rabbi Akiva disagrees with the previous opinion and formulates a general rule that he applies to this situation. Anything that is permitted to do in Eretz Yisrael as long as it is done in an unusual manner, may be done in Syria in a usual manner (this is how Albeck understands Rabbi Akiva’s statement). For instance in Eretz Yisrael one cannot harvest grapes in a normal manner, but one can do so in an abnormal manner. Therefore, in Syria one can harvest even in a normal manner. Other commentators explain that Rabbi Akiva is formulating a general principle to explain the previous section. In Eretz Yisrael it is only forbidden derabanan (rabbinically) to work with detached produce, and therefore in Syria it is completely permitted.

כל שכיוצא בו מותר בא"י – according to the Torah, such as for example, something detached, even though from the Rabbis, it is prohibited without a change of form we perform it in Syria just as we normally do and we don’t need to change anything. Alternatively, this is what he said: All that is in a similar manner is permitted in the Land [of Israel] with something declared ownerless, they perform it in Syria, even with something guarded/preserved, but that which is attached is prohibited from the Rabbis in the Land [of Israel] even when it is declared ownerless.