Комментарий к Пеа́ 5:5
הַמַּחֲלִיף עִם הָעֲנִיִּים, בְּשֶׁלּוֹ פָּטוּר, וּבְשֶׁל עֲנִיִּים חַיָּב. שְׁנַיִם שֶׁקִּבְּלוּ אֶת הַשָּׂדֶה בַּאֲרִיסוּת, זֶה נוֹתֵן לָזֶה חֶלְקוֹ מַעְשַׂר עָנִי, וְזֶה נוֹתֵן לָזֶה חֶלְקוֹ מַעְשַׂר עָנִי. הַמְקַבֵּל שָׂדֶה לִקְצֹר, אָסוּר בְּלֶקֶט שִׁכְחָה וּפֵאָה וּמַעְשַׂר עָנִי. אָמַר רַבִּי יְהוּדָה, אֵימָתַי, בִּזְמַן שֶׁקִּבֵּל מִמֶּנּוּ לְמֶחֱצָה, לִשְׁלִישׁ וְלִרְבִיעַ. אֲבָל אִם אָמַר לוֹ שְׁלִישׁ מַה שֶּׁאַתָּה קוֹצֵר שֶׁלָּךְ, מֻתָּר בְּלֶקֶט וּבְשִׁכְחָה וּבְפֵאָה, וְאָסוּר בְּמַעְשַׂר עָנִי:
Кто-то, кто обменивает [свою продукцию] с бедными [т.е. их дары с поля], что [сейчас] принадлежит ему, освобождается [в десятинах], а что [сейчас] принадлежит бедному человеку [в десятинах]. Если двое [бедняков] получили поле в качестве соучастников, один может отдать другому Маасер Ани [вторую десятину, данную бедным в третий и шестой годы субботнего цикла] из своей части, и этот другой может дать его Маасер Ани из своей порции. Тому, кто заключает контракт на поле для сбора урожая, запрещено [брать] Лекета , Шихечу , Пиа и Маасер Шени . Раввин Иегуда сказал: Когда? В то время, когда он заключает контракт на половину, треть или четверть урожая. Но если он сказал ему: «треть того, что вы собираете, принадлежит вам», [тогда] ему разрешено [брать] Лекета , Шикчу и Пеа и запрещать в Маасере Шени .
Bartenura on Mishnah Peah
המחליף עם העניים – he gives grain or fruit to a poor person in exchange for what he gleaned.
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English Explanation of Mishnah Peah
One who exchanges with the poor, [what they give in exchange] for his is exempt [from tithes] but what [he gives in exchange] for that of the poor is subject [to tithes]. The agricultural presents received by the poor are not obligated in tithes, whereas normal produce is. So if a field owner gives the poor some of his produce and in return they give him back the peah, forgotten sheaf, or gleanings that he gives to them, then that which he gives to them must be tithed and that which they give to him is exempt from tithes. In other words, the fact that they now have possession over some produce does not change the fact that it was not originally exempt from tithes, and the same holds true for the opposite scenario. All of the produce retains its original status even after it was swapped.
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Bartenura on Mishnah Peah
שלו פטור – from tithing. What the poor person gave him which is gleaning, the forgotten sheaf and [from] the corner of the field.
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English Explanation of Mishnah Peah
Two who received a field as sharecroppers, this one may give to the other his share of the poor man’s tithe and this one may give to the other his share of the poor man’s tithe. In this scenario two people receive a field from its owner in return for giving the owner a percentage of the crop. In general, a field owner cannot take the agricultural gifts from his field for himself, even if he is poor. This is probably meant to prevent corruption. However, these two sharecroppers do not own the field, and hence each can give the other the agricultural gifts of peah, forgotten sheaves, gleanings and the poor man’s tithe. They cannot take the agricultural gifts from the part of the field that they are actually harvesting because that part of the field is considered as belonging to them.
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Bartenura on Mishnah Peah
ושל עניים חייב – what the owner of the house gave the poor person from his grain, and he is lible to tithe prior to giving it to the poor person.
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English Explanation of Mishnah Peah
One who receives a field in order to harvest it, he is forbidden to take gleanings, the forgotten sheaf, peah or the poor man’s tithe. In contrast, a single person who receives a field in order to harvest it and to take a share of the harvest as payment, cannot take the agricultural gifts for himself. The difference between this case and that in the previous section is that here there is only one person. Since he harvests the whole field, he cannot take any of its agricultural offerings.
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Bartenura on Mishnah Peah
שנים שקבלו את השדה – and both of them are poor.
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English Explanation of Mishnah Peah
Rabbi Judah said: When is this so? When he receives it [in order to pay the owner] a half, third or quarter [of the crop]. But [if the owner] had said to him: “A third of that which you harvest belongs to you,” then he may take gleanings, the forgotten sheaf and peah, but not the poor man’s tithe. Rabbi Judah says that the previous ruling holds true only if the contract with the sharecropper implied that the sharecropper owns his percentage of the crop while it is still attached to the ground. In such a scenario he is considered to have sufficient ownership of the crop that he cannot take the agricultural offerings. However, if the contract implies that the crop becomes his only after it has already been harvested, then he may take gleanings, forgotten sheaf and peah, because it is as if he is being paid to harvest with produce that has been detached from the ground. He is not the owner of the field and therefore he can take the agricultural gifts. However, he still cannot take the poor man’s tithe because poor man’s tithe is always given with harvested produce and not with the crop while still attached to the land. And once he harvests the crop some of it belongs to him and he cannot take the poor man’s tithe from his own produce.
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Bartenura on Mishnah Peah
באריסות – for one-half, for one-third and/or for one-fourth, and they are made like the owner of the house, and if the owner of the house is poor, he is prohibited from the gleanings of his field, as it is written (Leviticus 19:10): “or gather [the fallen fruit of your vineyard; you shall leave them] for the poor…,” it is a warning to the poor that he should not glean his gleanings and he is liable to separate out the Poor Man’s tithe and to give it to another poor person. And specially everyone regarding his portion is made like the owner of the house, and not on the part of his fellow. Therefore, it is permissible for this one to give that one the Poor Man’s Tithe.
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Bartenura on Mishnah Peah
שקבלה ממנו למחצה – if he owned that which was attached [to the ground] but if he said to him… [שליש] מה שאתה קוצר – you have no part other than that which is detached [from the ground] and he is liable for gleanings, the forgotten sheaf and the corner of the field, everything is upon the owner of the field, and even though that you forgotten the sheaves when detached at he time of the heaping up of the sheaves/carrying the sheaves home nevertheless, here he is exempt, and we don’t call it, “your harvest” (Leviticus 21:9), since he did not merit it other than when it was detached. And a proselyte who converted after the harvest and is liable in the forgotten sheaf above, according to Rabbi Yehuda, that is because we call it “your field” (Leviticus 21:9). But nevertheless, for this reason, we do not obligate a convert in gleaning after it had been uprooted from being attached to the ground.
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