Comentário sobre Peah 4:11
חוֹרֵי הַנְּמָלִים שֶׁבְּתוֹךְ הַקָּמָה, הֲרֵי הֵן שֶׁל בַּעַל הַבָּיִת. שֶׁלְּאַחַר הַקּוֹצְרִים, הָעֶלְיוֹנִים לָעֲנִיִּים, וְהַתַּחְתּוֹנִים שֶׁל בַּעַל הַבָּיִת. רַבִּי מֵאִיר אוֹמֵר, הַכֹּל לָעֲנִיִּים, שֶׁסְּפֵק לֶקֶט, לֶקֶט:
[Produzir] orifícios para formigas que estão dentro da colheita em pé, eis que pertencem ao proprietário da propriedade. [Produzem nos buracos das formigas] após a colheita [a colheita], as partes superiores pertencem aos pobres e as partes inferiores pertencem ao proprietário. O rabino Meir diz: Tudo é para os pobres, pois Leket duvidoso é [apesar de tudo considerado] Leket .
Bartenura on Mishnah Peah
חורי הנמלים – it is the manner of ants to bring grain into their holes/cavities.
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English Explanation of Mishnah Peah
Introduction
This mishnah deals with grain that is found in ant holes in a field. The question is whether they count as gleanings, which as we saw in yesterday’s mishnah, is grain that falls during the time of the harvest.
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Bartenura on Mishnah Peah
שבתוך הקמה – until he had started to reap.
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English Explanation of Mishnah Peah
[Grain found in] ant holes where the stalks are still standing, behold it still belongs to the owner. If the stalks are still standing that means that the field has not yet been plowed. In such a case, the grain that has fallen into the ant holes in the ground still belongs to the owner.
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Bartenura on Mishnah Peah
של בעל הבית – and he poor have nothing from the standing corn.
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English Explanation of Mishnah Peah
After the harvesters [had passed over them], those found in the top parts [of the ant holes belong] to the poor, but [those found] on the bottom parts [belong] to the owner. Rabbi Meir says: it all belongs to the poor, for gleanings about which there is any doubt are regarded as gleanings. If the field has already been harvested then we can assume the top layer of grain in the holes fell out during the harvest and therefore it belongs to the poor. The bottom layer of grain, however, may have fallen out before the harvest and therefore it still belongs to the owner. Rabbi Meir says that when we have a doubt as to whether grain is considered to be gleanings or not, then we regard it as gleanings and it goes to the poor. Generally there is a rule that the burden of proof is upon the claimant. In this case the poor person is the claimant, for he is coming to take the grain from its original owner. This seems to be the rule invoked by the opinion in the previous section. Nevertheless, according to Rabbi Meir, in this case, perhaps because the claimant is poor, this general is not applied.
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Bartenura on Mishnah Peah
שלאחר הקוצרים – after they had begun to harvest, and we suspect less the ants brought it there from the gleanings. Therefore, the upper wheat that are in the cavity or the upper ears of corn go to the poor for there is from the gleanings there, but the lower wheat belongs to the owner as it was from the standing corn. And which are the upper parts? The white ones. And which are the lower parts? The greenish ones that turn black and are recognized as being old.
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Bartenura on Mishnah Peah
ר"מ אומר הכל לעניים – for it is impossible for a granary without jaundicing/mildew, and lest those green ones from the new grain that was harvested now, there is within it a part for the poor.
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Bartenura on Mishnah Peah
שספק לקט לקט – as it is written (Leviticus 19:10): “you shall leave them for the poor and the stranger,” leave before them of your own, and the Halakha is according to Rabbi Meir.
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