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Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il


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PE'AH PEREK 3
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Mishnah 1

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1)
(a) Beis Shamai and Beis Hillel discuss 'Milbenos ha'Tevu'ah she'Bein ha'Zeisim' - brick-shaped rows of produce that are growing in a grove of olive-trees.
(b) Beis Shamai hold 'Pe'ah mi'Kol Achas ve'Achas', which means - that one must leave Pe'ah from each row.
(c) According to Beis Hillel - it will suffice to leave Pe'ah from one of the rows to cover all of them.
(d) In spite of the fact that this ruling applies equally to other trees, the Mishnah mentions specifically olive-trees - to teach us that even olive-trees, which are themselves Chayav Pe'ah, do not divide the rows of vegetables, to require each one individually.

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2)
(a) We establish the Mishnah where the trees are planted ten to a Beis Sa'ah (fifty Amos square). If they are planted ...
1. ... further apart than that - Beis Hillel will concede that one must leave Pe'ah in each row.
2. ... closer together - then it is Beis Shamai who concede that it will suffice to leave Pe'ah in one of the rows.
(b) Beis Shamai also concedes that one Pe'ah will suffice for all the plots - if the ends of the rows run into one another.

Mishnah 2

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3)
(a) Rebbi Akiva and the Chachamim argue over ha'Menamer Sadeihu' (someone who reaps patches of produce one at a time) - because they do not all ripen simultaneously.
(b) According to Rebbi Akiva, he must leave Pe'ah for each patch. The Chachamim say - that it will suffice to leave Pe'ah in one patch.
(c) The Chachamim agree with Rebbi Akiva, says the Mishnah, by a field of aniseed or mustard - that if the owner planted either of them in three places in the field, then he must leave three lots of Pe'ah, because it is unusual to sow a large field with these species, and each one is considered to be an independent field.
(d) In spite of the fact that vegetables are Patur from Pe'ah, one is Chayav to leave Pe'ah for aniseed and mustard - because they are generally planted for their seeds, and therefore fall under the category of seeds (and not vegetables).

Mishnah 3

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4)
(a) The Tana rules that if someone picks the moist onions (leaving bare patches in his field) to sell in the market, and retains the dry ones for the barn - he must leave Pe'ah for each crop separately.
(b) 'ha'Machlik' might also mean - that he divides (like 'Mechalek') the onions into two groups, selling some whilst they are still moist, and saving others to place in his barn when they dry.
(c) The same applies to a vineyard - and to beans.

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5)
(a) 'ha'Madal' however, only leaves Pe'ah on what remains. 'ha'Madal' means - removing one out of every three thickly-growing onions, allowing the remaining onions to grow better ...
(b) ... the object of the exercise is for the benefit of the onions that remain.
(c) The Tana rules that if someone is Machlik his field 'me'Achas Yad' (which might mean that he picks all the onions for the barn or all to sell in the market) - he only needs to leave one Pe'ah from what remains (because what he picked now is considered the beginning of the harvest).
(d) According to the Rambam however 'me'Achas Yad' means - that he picks all those that he intends to sell in the market from one side (rather than the bit from here, and a bit from there, in the Reisha).

Mishnah 4

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6)
(a) 'Imahos shel Betzalim' are - large onions that one leaves in the ground for seeding.
(b) Rebbi Yossi exempts them from Pe'ah - because they are only fit to eat in case of emergency.
(c) The Tana Kama - obligates them nevertheless.
(d) According to the Chachamim, Milbenos ha'Betzalim in a field of vegetables, have the same Din as Milbenos ha'Tevu'ah in a field of olive-trees ('me'Achas al ha'Kol'). Rebbi Yossi holds - 'mi'Kol Achas ve'Achas', because it is not common to sow onions among the vegetables, so he considers it like another species, which interrupts, obligating Pe'ah to be taken from each section of vegetables (as we learned in the second Perek).
(e) The Halachah is - like the Chachamim.

Mishnah 5

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7)
(a) The Mishnah rules that if ...
1. ... brothers divided a field that they inherited - each brother must leave Pe'ah independently.
2. ... brothers divided the field, but who subsequently went into partnership - they only need to leave one Pe'ah between them.
3. ... partners purchased a tree - they need to leave only one Pe'ah between them.
4. ... partners purchased a tree - each partner must leave Pe'ah independently., one the north side, and the other, the south
(b) If Reuven purchased the roots of Shimon's tree (see also Tosfos Rebbi Akiva Eiger) - he must leave Pe'ah for each root (assuming that is, that he did not purchase the ground, too, in which case, one Pe'ah would suffice).
(c) Rebbi Yehudah qualifies the Tana Kama's statement - by confining it to where he retained some roots for himself (because if he did, in addition to the fact that he already began harvesting before selling the roots, he would have to leave Pe'ah for the entire field (see Tosfos Yom-Tov).
(d) The Halachah is - Rebbi Yehudah, who comes to explains the Tana Kama, and not to argue with him.

Mishnah 6

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8)
(a) According to Rebbi Eliezer, a field in which one can sow a Beis Rova (a quarter of a Kav) is Chayav ba'Pe'ah. A 'Beis Rova' is - approximately ten and half Amos by ten and a half Amos.
(b) Rebbi Yehoshua gives the Shi'ur as one that produces a Beis Sasayim (twelve Kabin) - which is a hundred by fifty Amos.
(c) Their major bone of contention is - whether the measurement is determined by the seeds (Rebbi Eliezer) or the crops (Rebbi Yehoshua).

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9)
(a) Rebbi Tarfon is more stringent than the previous Tana'im. According to him - six by six Tefachim is Chayav Pe'ah.
(b) According to Rebbi Yehudah, the Shi'ur is 'Kedei Li'ketzor Ve'lishnos' - which means if there is sufficient crop to pick two handfuls of corn. The adds 've'Halachah ki'Devarav' (though it does not necessarily mean that we follow this ruling).
(c) Rebbi Akiva is the most stringent of them all. He learns from the Pasuk ...
1. ... "Pe'as Sadcha" - that even a 'Kol she'Hu' is subject to Pe'ah.
2. ... (in connection with Bikurim) "Admascha" - that the same applies to Bikurim.
(d) This latter Derashah pertains to Bikurim of wheat and barley. Fruit is different, inasmuch as - one is only Chayav to leave Pe'ah if one owns at least a circle of sixteen Amos of land surrounding the tree.

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10)
(a) Rebbi Akiva extends his Shi'ur of 'Kol she'Hu' to writing a Pruzbul - a document handing over all one's claims to Beis-Din, enabling him to claim them in their name, even after Shemitah has cancelled all his personal debts. Hillel instituted the Pruzbul when he saw how, for fear of losing their debts, people declined to lend the poor.
(b) What Rebbi Akiva means - is that from the point of view of the condition that the debtor owns land, it will suffice for him to own a mere Kol she'Hu.
(c) And the final Halachah that he includes in his list of 'Kol she'Hu'' is - that with regard to the Din of acquiring Metaltelin together with Karka ('Metaltelin Agav Karka'), one can acquire any amount of Metaltelin together with a Kinyan on a Kol she'Hu of Karka.

Mishnah 7

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11)
(a) If Reuven, who is a Shechiv-Mera, writes his property to Shimon - then, provided he kept some land back (even a Kol she'Hu) for himself, his gift is valid even in the event that he recovers, but not if he gives everything away.
(b) The reason for the ...
1. ... the former ruling - is because since he kept something for himself, he indicated that the gift was not a Matnas Shechiv-Mera ...
2. ... whereas the latter ruling - is, because we assume that a person would not leave himself with nothing.
(c) Our Mishnah speaks - when they made a Kinyan (in spite of which the Shechiv-Mera may retract in the Seifa).
(d) Land in this and all subsequent cases until the end of the Perek is not meant literally, and the Tana only mentions it - because of the previous Mishnah, where, in the cases of Pe'ah, Bikurim and Pruzbul, Karka is Davka.

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12)
(a) In a case where a Shechiv-Mera (see Mishnah Acharonah) wrote his property to his sons, giving a Kol she'Hu Karka to his wife, the Mishnah rules - that she loses her Kesubah ...
(b) ... because the fact that she accepted the gift, without mentioning her Kesubah, indicates that she is Mochel (foregoes) it.
(c) Rebbi Yossi carries this even further. According to him - she loses her Kesubah, even if the gift was given to her orally.
(d) The Halachah however - is not like Rebbi Yossi.

Mishnah 8

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13)
(a) If someone writes all his property to his Eved Cana'ani, the latter goes free - because the Eved is included in the gift.
(b) He nevertheless referred to him as an Eved - because until that moment, that is what he had been.
(c) If he specifically held back some property, the Eved does not go free - because we suspect that the Eved was included in the property that he held back ...
(d) ... and the reason that he gave him the gift in the first place was merely - in order to flatter him.

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14)
(a) Even assuming that all the master owns is the Eved and the field that he retained, the Eved does not go free - because since his initial statement 'Kol Nechasai' no longer stands (from the moment he said 'Chutz mi ... ', thereby negating it), the Eved cannot acquire himself either, since the Tana Kama does not hold of the principle 'Palginun Dibureih' (at least accept half of his statement).
(b) Rebbi Shimon rules - that the Eved does go out to freedom (even if the owner possesses a lot of property) ...
(c) ... because, as opposed to the Tana Kama, Rebbi Shimon holds, 'Palginun Dibureih', in which the Eved at least acquires himself.
(d) Rebbi Shimon will agree that the Eved does not go free however - if his master specifically stated - 'Harei Kol Nechasai Nesunin le'Ish Peloni Avdi, Chutz me'Echad mi'Ribo she'Lahem' ...
(e) ... because since he did not specify which property he had in mind to preclude from the gift, we suspect that he had in mind to leave over the Eved (even though he is really worth more than the one ten thousandths of his property that he stated).

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