Талмуд к Швии́т 4:11

Him³⁷Here starts the discussion of the rule of R. Jehudah, who makes the situation of the sharecropper on his ancestral land worse than that of any other sharecropper. who says that the law applies, one can understand. He who says, they fined³⁸Why should he be fined? R. Joḥanan explains that the Gentile got the land not by paying for it but by expropriation of the Jew. In that case, the Jew should be pushed to ask for help from his fellow Jews to buy back his land. The statement of R. Joḥanan is quoted as a baraita in the Babli (Baba Meẓia 101a), with מציק instead of מסיק (identical sounds in Galilean dialect; Babylonian spelling as a rule is more historically correct.)? Rebbi Joḥanan said, one has stated this only in the case of oppressors. Since you say so to him, he exerts himself and buys the land back.

MISHNAH: He who rips out³⁹This translation is tentative; according to Maimonides it simply means “cuts”, based on Is. 41:7. According to R. Simson of Sens, it means either “leaves a bald spot” where the onions have been taken out or it means “splits” his field into two parts; it is possible that the expression is intentionally ambiguous. [In Mishnah Arakhin 1:3, the word means “to finish, to play the final coda.”] In Arabic, חלק means “to shave”; this supports the first interpretation of R. Simson, also supported by Mishnah Ševiït 4:4 which explains that “thinning” means taking out single plants but “ripping out” means pulling at least three together, leaving a bald spot. moist onions for the market and keeps dry ones for storage gives peah for each batch separately; the same applies to peas⁴⁰Peas grown for meal. Those grown to be eaten as vegetable are not subject to the laws of peah (Mishnah Peah 1:4). and vineyards⁴¹Table grapes are considered different from grapes used either for wine making or for raisins.. He who thins out gives peah for what is left⁴²Since thinning is necessary for the better growth of many kinds, the plants taken out in thinning are not considered harvested.. He who rips out with one hand⁴³The meaning of this expression is not clear. According to Maimonides, it means “taking from one side only”. According to Rabbenu Simson, it means “taking from one kind only”. The sentence may refer to the start of the Mishnah: If somebody harvests young onions to sell them green with their leaves, he has to give peah from these green onions. But if he rips out only a few at a time with one hand, at the end, at the time of the harvest of the fully ripe onions for storage, he gives peah also for the volume of those green ones that he took occasionally. gives from the remainder for everything.

HALAKHAH: What means ביחילו? Rebbi Ḥiyya bar Abba said, if it comes alive, as you say (Zach. 11:8): “And their souls were too much for me.³⁸Cf. Ševi‘it Chapter 7, Note 84. “Coming alive” means getting some moisture in the fruit.” Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: When they start to become red outside³⁹Here and in the paragraph on mulberries, “red” means any color other than green. Figs are either green or dark violet.. Do all figs become red on the outside? Rebbi Tanḥum bar Marion said in the name of Rebbi Joḥanan: He takes one and puts it somewhere. If that one ripens within 24 hours they are obligated, otherwise they are free.

HALAKHAH: “If he left produce taken¹⁰⁷In this and the preceding Mishnah, the Mishnah text differs in a few details from the common reading of most Mishnaiot but the text quoted in the Halakhah is the standard Mishnah text.,” etc. Both Rav and Rebbi Simeon ben Laqish say, if they were collected at a trading place¹⁰⁸“A place of Saracens.” The problem discussed here is quite different from that discussed in the Babli, 84b, by the same authors. In the Yerushalmi, it is supposed that the acquirer removes the produce from the public place since it is obvious that it would not be his when left in the public place. But if the produce was already in a place belonging to the claimant, according to Rav and R. Simeon ben Laqish “a person’s courtyard acquires for him automatically” (Babli Baba meṣi‘a 10b). For R. Joḥanan, “a person’s courtyard acquires for him only by a conscious act.” Therefore, in a situation where an unlearned person could think that anything in a private domain to which the owner has a claim is automatically his, we may assume that the conscious act of acquisition is missing. This argument assumes that the first part of the Mishnah is everybody’s opinion and the difference between R. Ṭarphon and R. Aqiba refers only to the excess.
In the Babli, the entire first part of the Mishnah is considered R. Ṭarphon’s and everybody agrees that “a person’s courtyard acquires for him automatically”; cf. Note 106.. But if somebody collected it in his house, his house acquired for him. Rebbi Joḥanan said, even if he collected it in his house, his house did not acquire for him. For he thinks that they are his but they are not his. Does from this follow how the owner acquires his produce¹⁰⁹The ripe produce is ownerless by biblical decree. Naturally, the owner of the property has the same right to take it as does everybody else. Anybody but the owner acquires simply by taking. How does the owner acquire, that taking from him would be theft? in a Sabbatical year? Rebbi Jeremiah wanted to say, from the moment he put them into his vessel. Rebbi Yose said, even if he put them into his vessel he did not acquire, for he thinks that they are his but they are not his¹¹⁰He can acquire only by a) putting the produce into his vessel and b) declaring that it is his..

MISHNAH: He who thins out vines⁸⁹So that the rest of them should grow more and larger grapes. The “vines of the poor” are those on which single berries are visible. One cannot say that it refers to the part of the vine that is designated as peah since thinning is done early in the growing season and peah is designated at the end of the harvest., just as he thins out his own so he thins out those of the poor, the words of Rebbi Jehudah⁹⁰The Halakhah explains that R. Jehudah considers the poor as partners of the proprietor while R. Meïr considers them as buyers.. Rebbi Meïr says, he may do so for his own but he is not empowered for those of the poor.