Comentário sobre Peah 6:11
הַקּוֹצֵר בַּלַּיְלָה וְהַמְעַמֵּר וְהַסּוּמָא, יֵשׁ לָהֶם שִׁכְחָה. וְאִם הָיָה מִתְכַּוֵּן לִטֹּל אֶת הַגַּס הַגַּס, אֵין לוֹ שִׁכְחָה. אִם אָמַר, הֲרֵי אֲנִי קוֹצֵר עַל מְנָת מַה שֶּׁאֲנִי שׁוֹכֵח אֲנִי אֶטֹּל, יֶשׁ לוֹ שִׁכְחָה:
Aquele que colhe à noite e aquele que faz feixes, e também um cego, estão sujeitos a Shikhechah . E se alguém pretende levar apenas os mais grosseiros, está [sujeito a] Shikhechah . Se ele dissesse: “De fato, estou colhendo com a condição de que o que eu esquecer, levarei”, ele está [sujeito a] Shikhechah .
Bartenura on Mishnah Peah
הקוצר בלילה והמעמר – at night.
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English Explanation of Mishnah Peah
One who harvests by night and binds sheaves [by night] or one who is blind [that which he leaves] is subject to the law of the “forgotten.” The laws of “forgotten” still apply to one who can’t see, either because he was harvesting or binding sheaves at night, or because he is blind. We don’t say that because he couldn’t see what he was doing he can’t forget anything.
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Bartenura on Mishnah Peah
והסומא – whether during the day and/or at night.
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English Explanation of Mishnah Peah
If he intends to remove large leaves first, then the law of “forgotten” does not apply. If a person intends to remove the large sheaves first, and then leaves some of them in the field mixed in with the smaller sheaves, none of the sheaves, neither the small ones nor the large ones, are deemed “forgotten.” The smaller sheaves are not forgotten because he was not intending to collect them. The larger sheaves are also not forgotten because we assume that since he left the smaller sheaves, his intention was to go back to the field and collect the larger ones later.
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Bartenura on Mishnah Peah
אם היה מתכוין ליטול הגס הגס – since he intended to take the large [sheaves] even the thin ones have no forgetting.
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English Explanation of Mishnah Peah
If he said: “Behold, I am reaping on the condition that I take afterwards that which I have forgotten,” the law of “forgotten” still applies. A person cannot make a blanket statement before he starts harvesting that anything that he leaves in the field he will come back and collect. This does not prevent that which he actually forgets from being considered “forgotten.” Such a person would be trying to make a stipulation to get around the Torah’s laws and such stipulations are usually invalid.
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Bartenura on Mishnah Peah
על מנת מה שאני שוכח אני נוטל יש לו שכחה – because he makes a condition against what is written in the Torah and his condition is null/void.
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