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Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf, Yerushalayim
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PE'AH PEREK 4
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Mishnah 1

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1)
(a) The Mishnah learns from the Pasuk "le'Ani ve'la'Ger Ta'azov Osam" - that Pe'ah is left attached to the field for the poor to pick. The owner is therefore forbidden to distribute it, or even just to cut it.
(b) Based on the word "Osam", which the Tana cites - grapes that are growing on a raised trellis and dates growing on a date palm as exceptions to the above ruling, since it can be dangerous climb them to pick the fruit.
(c) Rebbi Shimon adds the fruit of a nut-tree to the list of exceptions - because its trunk is smooth (which is why he refers to it as 'Chalikei Egozim'), and climbing it too, can be dangerous.
(d) The Halachah is - like the Tana Kama (and not like Rebbi Shimon).

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2)
(a) If ...
1. ... all the poor prefer the owner to distribute the Pe'ah - then he is permitted (though not obligated) to distribute it, but it ...
2. ... ninety-nine out of a hundred ask for it to be distributed and just one prefers it to be left still attached - then the one prevails, since he conforms with the basic Halachah.

Mishnah 2

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3)
On the other hand, if ninety-nine of the assembled poor ask for the owner to leave the Pe'ah on the raised trellis or on the date-palm, and the hundredth asks for it to be picked and distributed - he prevails, because in this case, he is the one to conform with the basic Halachah.

Mishnah 3

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4)
(a) The Mishnah rules that if a poor man threw the Pe'ah that he picked onto some standing corn, in order to acquire that too - he does not acquire it.
(b) And the Tana says 'Ein Lo Bah Klum' (and not just Ma'avirin Osah Mimenu', like he says in the following case) - to teach us that we confiscate the Pe'ah that he picked legally, so that he really end up with nothing.
(c) If a poor man tries to acquire Pe'ah by falling on it or spreading his cloak over it, says that Tana, he does not acquire it. We would have thought that he does - because the Chachamim instituted that the four Amos that surround a person in a Reshus-ha'Yachid or a Simta (at the side of the road) are his (and acquire on his behalf automatically).
(d) The reason that he does not acquire the Pe'ah by falling on it ... is either because the Chachamim did not extend this Takanah to acquiring in somebody else's field - or because by falling on the Pe'ah or throwing his cloak on it, he revealed that he does not want to make use of the Takanas Chachamim.
(e) This ruling is not restricted to Pe'ah - it extends to Leket and to Shikchah.

Mishnah 4

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5)
The Tana forbids the poor to use scythes and axes (or spades) to cut the Pe'ah - in case they come to fight over it, and cause each other grievous bodily harm.

Mishnah 5

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6)
(a) When the Tana lists three 'Ibayos' daily for collecting Pe'ah, he means - that the owner is obligated to appear ('Ibayos' is a Lashon of revealing what is hidden) in the field, to allow the poor to enter and collect Pe'ah (see Tiferes Yisrael 20).
(b) The three occasions are - early morning, mid-day and afternoon (at Minchah-time).
(c) The reason for ...
1. ... the early morning is - because that is when feeding mothers, whose babies are still sleeping, are free to go and collect Pe'ah.
2. ... mid-day is - because that is when the children tend to go and collect Pe'ah.
3. ... Minchah-time - for the benefit of the old men who walk on sticks, and who simply are unable to arrive earlier.
(d) According to Raban Gamliel, one is not permitted to subtract from this number, though one is permitted to add to it. Rebbi Akiva confines the restriction to - adding to three, but permits subtracting from it.
(e) The Halachah is - like our Mishnah, which requires the owner to appear in the field three times, no less and no more.

Mishnah 6

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7)
(a) The Tana Kama learns from the Pasuk ...
1. ... in Emor "u've'Kutzrchem ... " Leket and Pe'ah - that a Nochri who harvests his field and then converts is Patur from Leket and Pe'ah.
2. ... in Ki Setzei "ki Siktzor Ketzircha ve'Shakachta Omer - that he is Patur from Shikchah, too (see Tosfos Yom-Tov, as to why we list them in what appears to be the wrong order).
(b) Rebbi Yehudah obligates him to leave Shikchah - because the Chiyuv Shikchah only takes effect at the time of the harvest, by which time he had already converted.
(c) The Pasuk in Ki Setzei refers to Shikchas Omer. We learn from "ve'Shachachta Omer ba'Sadeh" - that there is also such a thing as Shikchas Kamah.
(d) The Rabbanan now learn from Shikchas Kamah - from which the Nochri is Patur after he converts, that he is Patur from Shikchas Omer as well (since the Torah compares them in the same Pasuk).

Mishnah 7

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8)
(a) We know that Hekdesh is Patur from Leket, Shikchah and Pe'ah - from the same Pasuk as Nochri.
(b) That being the case, the Mishnah says if someone declares Hekdesh ...
1. ... standing corn which he subsequently redeems, or ...
2. ... sheaves which he subsequently redeems - he is Chayav all three.
3. ... standing corn which he only redeems after he has turned it into sheaves - he is Patur from Leket and Pe'ah, whereas Shikchah is subject to the same Machlokes between Rebbi Yehudah (Chayav) and the Chachamim (Patur).
(c) This final ruling - is based on the fact that at the time of Chiyuv (i.e. the harvest), he was Patur.

Mishnah 8

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9)
(a) Following the same principle as the previous Mishnah, the Tana rules that if someone declares Hekdesh and then redeems crops that have ...
1. ... not yet reached the stage of Ma'asros - they are subject to Pe'ah
2. ... reached the stage of Ma'asros - are likewise subject to Pe'ah.
(b) The definition of crops that have not yet reached the stage of Ma'asros is - crops that have not yet been flattened in the pile after winnowing.
(c) Whereas in a case where the owner declared them Hekdesh before they reached the stage of Ma'asros, and redeemed them only after the Gizbar brought them to the stage of Ma'asros - the Tana rules that he is Patur.

Mishnah 9

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10)
(a) According to Rebbi Eliezer, if a rich man collected Pe'ah on behalf of a poor one, the poor man acquires it. The Chachamim say - that it should be given to the first poor man to turn up.
(b) The basis of their Machlokes is - whether we say two Migu's a. that the rich man could have declared his property Hefker and become a poor man himself, and b. that 'Migu de'Zachi le'Nafsheih ... ' (since a poor man can acquire for himself, he can also acquire for his friend [Rebbi Eliezer]) or not ([the Rabbanan, who hold of one 'Migu', but not two]).

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11)
(a) Our Mishnah considers the Leket, Shikchah and Pe'ah that a Nochri leaves in his field subject to Ma'asros - because he is not Chayav Pe'ah, in which case there is no reason to exempt it.
(b) The author of our Mishnah, is Rebbi Meir, who holds - that a Nochri does not have a Kinyan in Eretz Yisrael to exempt his property from Ma'asros (see Tosfos Rebbi Akiva Eiger).
(c) Even Rebbi Meir will concede that the crops of a Nochri are Patur from Ma'asros - even he declared them Hefker, since Hefker is Patur from Ma'asros.
(d) The Halachah in this regard, is - that a Nochri does have a Kinyan in Eretz Yisrael to exempt his property from Ma'asros (not like Rebbi Meir).

Mishnah 10

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12)
(a) The Tana defines Leket as - grains that fall at the time of harvesting.
(b) Grains that fell from the owner's hand due a thorn-prick - belong to the owner.
(c) The Tana - considers grains that fall, during harvesting, from inside the owner's hand or the scythe, to be Leket, and those that fall from the back of the hand or the scythe, to belong to the owner (because they fell be'O'nes [see Mishnah Acharonah]).
(d) If the grains fall from 'Rosh ha'Yad' (between the fingers of a full hand) or 'Rosh ha'Magal' (the edge of a scythe-full), Rebbi Akiva disagrees with Rebbi Yishmael, who holds that they are Leket - because he compares it to inside the hand (whereas Rebbi Akiva, like whom we rule, compares it to the back of the hand).

Mishnah 11

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13)
(a) The Mishnah rules that grains of corn that are found in the ant-holes ...
1. ... among the standing corn - belong to the owner (since the poor have no business to even search there for Pe'ah.
2. ... that are behind the harvesters - is Leket.
(b) According to the Tana Kama - even the latter belong to the owner, because we assume it to have been there from before the corn was cut.
(c) One knows which the Tana refers to as the upper ones, and which ones, the lower ones - because the former are still a whitish color, whereas the lower ones have already turned yellow from age (a sure sign that the ants picked them whilst the corn was still standing and brought them to their ant-holes).

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14)
(a) Rebbi Meir disagrees. He grants the poor ownership even of the lower grains - based on the principle 'Safek Leket Leket'.
(b) He counters the Tana Kama's argument that the color is a sign of age - inasmuch as every granary contains at least a small percentage of yellow corn.
(c) The Halachah is like Rebbi Meir.

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Index to Review Questions and Answers for Seder Zeraim


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