Mishnah
Mishnah

Halakhah sobre Kilaim 5:10

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Kilayim 5:5), "Whether one plants, or whether one keeps a forbidden mixture in his vineyard" - meaning to say that he saw that a forbidden mixture grew in his vineyard and he left it there - "it has become set aside," meaning it became obligated to be burnt. And that is when they were standing in the vineyard by his will, once he knew about them, in the measure that they increased one two-hundredth from what they were at the time that he knew about them. As they, may their memory be blessed, said (Pesachim 25a), "[If] it is planted from its start, with the taking root; [if] it has already been planted and increased, with the [further] increase." And, they, may their memory be blessed, explained from the tradition that this increase is one two-hundredth. And that which we say that they have not become set aside unless he wants their existence is because it is written about them, "which you have planted" - meaning to say, according to his will. And the explanation for this thing is elucidated in the root of forbidden mixtures on inter-breeding and of witchcraft that I have written in their place in the Order of Kedoshim (Sefer HaChinukh 244) and Mishpatim (Sefer HaChinukh 62). And this is what they, may their memory be blessed, said (Bava Kamma 100a), "[If the] partition of the vineyard is breached (such that a forbidden mixture is created), we say to him, 'Fix [it].'" [This] means to say that even though it increased one two-hundredth while he was still attempting to make the fence, it did not become set aside; since it did not become breached, and it did not stay breached, according to his will. And so [too] they, may their memory be blessed, said that one who suspends his grapevine over the produce of his fellow, behold, this one set aside his grapevine, but the produce did not become set aside (see Mishneh Torah, Diverse Species 5:8). And for this reason, they also said that - since a person cannot set aside something that is not his - this prohibition is only [operative] by the will of the owners. And because of this, they also said that one who suspends the grapevine of his fellow over the produce of his fellow, did not set aside any one of them. And for this reason, one who plants his vineyard on the seventh year did not set it aside, since in the seventh year the land is ownerless to everyone (see Mishneh Torah, Diverse Species 5:8). And they, may their memory be blessed, said (Mishnah Kilayim 5:5) that one who plants vegetables or produce in a vineyard or leaves it until it increased one two-hundredth, behold, he has set aside (forbidden) from the grapevines surrounding it sixteen ells in every direction. And one who comes to plant vegetables or produce next to a vineyard must distance it four ells from it. And five vines is called a vineyard; and this is when they are planted in this order: Two across from two and one sticking out as a tail. And they said that we distance produce and vegetables three hand-breadths from a single grapevine in every direction, because the grapevine is soft and the roots of the produce go into it and there is in this a prohibition of [forbidden] grafting. But with other trees which are hard, this concern is not there and one does not need to distance [other plantings] from them at all. And the rest of the details of this commandment are explained in Tractate Kilayim.
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