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שבולת שבקציר – he left a remnant in his harvesting one sheaf that he did not reap, and the top of that sheaf touches/reaches the standing corn, if that sheaf is cut with the standing corn, it belongs to the owner of the house, as the standing corn saves it and we don’t call it (Deuteronomy 24:19): “do not turn back to get it…”

Introduction This mishnah continues to deal with cases where we have a doubt as to whether the gleanings belong to the owner of the field or to the poor. However, the first half of the mishnah seems to deal with the laws of forgotten sheaves and not with the laws of gleanings. It is probably brought here due to some language which is similar to the second half of the mishnah.

מעשר שבולת אחת ונותן לו – since he is is obligated to give him tithed things like that which was a sheaf of gleanings which is exempt from tithes, and even though that they had yet been shaped into an even pile, the title of tithe applies upon it such as First Tithe in which the sheaves had been advanced hat the name of Tithe fell upon hem, even though they had yet formed an even pile. And how does he do this? He brings two sheaves from this pile that had been combined in the sheaves of the gleaning, and says about one of them if this gleaning is good, and if not, it is from the set tithes of the second, and he gives him the first. And in the Jerusalem Talmud, an objection is raised, for we suspect lest that this second time when he established it for tithes of this gleaning, since it is exempt from Tithes, the Tithes do not establish it, for we don’t’ separate from that which is exempt for what is liable. And we respond that the person who takes a third sheaf and says if the second one that I had established it is for Tithes is for gleaning, and it cannot be for tithes, the third is tithed for the first.

The top of a single ear of grain [that remained] after the harvesting and its top touches the standing stalk: If it can be cut with the stalk, it belongs to the owner; But if not, it belongs to the poor. After having harvested the stalks, one stalk remains that has a single ear of grain on it. The question is, is this ear of grain considered to be “forgotten,” in which case it belongs to the poor? The rule is that if it still touches a standing stalk that has not yet been harvested and it can be cut in one swipe with that stalk then it is not forgotten. If it cannot be cut together with the stalk, then it is considered to be forgotten and it still belongs to the poor.

א"ר אליעזר וכי היאך העני הזה מחליף דבר שלא בא ברשותו – Rabbi Eliezer to the words of the Rabbis said to them that, that you who dispute me regarding a rich person who gleans Peah for a poor person, for I say that he should take possession and you stated that he should not take possession, how can this poor person exchange a matter that has not come into his possession? For surely, the owner of the field is not able to make assignment to him the gleanings according to their words, and it is found that this gleaning does not come into the possession of the poor person, other than according to their words, he can assign the poor person the entire pile on the condition to return it, for a gift given on the condition to return it is called a gift, and it is found that that sheaf which is gleanings comes to the hand of the poor person and he can exchange it for another. But the Rabbis state here that they did what they cannot assign as one who assigns it and we consider it as that sheaf of gleanings as if it comes into the hands of the poor person, even though that he did not merit it, for regarding this he can exchange it for another. And the Halakha is according to the Sages.

If an ear of grain of gleanings that became mixed up with a stack of grain, [the owner] must tithe one ear of grain and give it to him [the poor]. In this case an ear of grain of gleanings that should belong to the poor gets mixed up with a stack of grain that belongs to the field owner. The problem here is that the gleanings are exempt from tithes whereas the stack is liable to be tithed. Therefore, he owner can’t just give the ear to the poor person, because he would be forcing the poor person to tithe it. So according to the Rambam what he does is he takes two ears of grain from the stack. He picks up the first one and says, “If this is the gleaning then let it belong to the poor person. But if it is not gleanings, then let the tithes that I give from the other ear be taken for this ear.” He then makes the same statement on the second ear of grain. Then he gives one to the poor person.

Rabbi Eliezer says: how can this poor man give in exchange something that had not yet become his? Rather, [the owner] must transfer to the poor man the ownership of the whole stack and then tithe one ear of grain and give it to him. According to Rabbi Eliezer, the problem with this is that the poor person has not yet taken the gleanings such that he can exchange them for another ear. In other words, according to the sages, the poor person relinquishes ownership over the original gleanings when he accepts the ear of corn in exchange despite the fact that he has not even taken possession of the gleanings. To avoid this problem what the field owner should do is give the whole stack to the poor person as a retractable gift (which according to halakhah counts as a gift), and then take it back and then perform the tithing procedure as described above.