txt/Mishnah/Rishonim on Mishnah/Bartenura/Seder Zeraim/Bartenura on Mishnah Peah/English/Sefaria Community Translation.txt

Bartenura on Mishnah Peah
ברטנורא על משנה פאה
Sefaria Community Translation
https://www.sefaria.org

Bartenura on Mishnah Peah



Chapter 1



Chapter 2



Mishnah 1

THESE DIVIDE: between fields such that they are considered two fields, regarding a case in which one left a corner in one of them to exempt the other, it does not fulfill his obligation to leave a corner [in that field]. This is derived from Scripture, which states (Leviticus 19) "the corner of your field", [and our Rabbis derived from this] that one may not leave a corner of one field on behalf of another field. 
THE STREAM: A river.
AND THE CANAL: A canal of water which distributes its abundance to its offshoots; other canals are irrigated from it.
AND THE PRIVATE ROAD: [Which is] 4 cubits [wide]
AND THE PUBLIC ROAD: [Which is] 16 cubits [wide]. The Mishnah included this because of the end of the Mishnah, which states that all of these do not divide between trees. This teaches us that even a public road, which is 16 cubits wide, does not divide between trees. 
THE PUBLIC PATH AND THE PRIVATE PATH: A path is very small, such that he can raise one foot and put down the other. And this teaches us that even a public path, if it is permanent during the dry and rainy seasons--meaning to say, that people walk on it even when the fields are sown during the rainy season--divides between sown fields. If it is not [permanent], it does not divide.
THE FALLOW FIELD: An field that has not been sown. The verse "So that the land will not become desolate" (Genesis 47), is translated into Aramaic as "v'ar'a la tavur" (i.e. this term is from an Aramaic root which means 'desolate'".
AND THE PLOWED FIELD: ["Nir" means] plowing. As in the verse, "Plow for yourselves a plowing" (Jeremiah 4). 
AND OTHER SEEDS: For instance, if two of the fields are sown with wheat and between them is an area of ground which is sown which a different type of seed. And the measurement of a fallow field, a plowed field, and a field sown with other seeds [regarding this law] is an area with the capacity for three rows created by the plow.
AND ONE WHO HARVESTS [GRAIN] FOR FODDER, DIVIDES: For he is of the opinion that any harvesting for fodder is not considered harvesting, and likewise we do not consider it the beginning of his harvest. Fodder is grain that has not reached a third of its maturity, and people harvest it to feed it to animals. And the law does not follow Rabbi Meir.

Mishnah 2

A CANAL [SO WIDE] THAT ONE CANNOT HARVEST [BOTH SIDES OF IT] AT ONCE: That it is so wide such that one who stands in the middle of it cannot harvest [produce] on both sides at once.
RABBI YEHUDA SAYS IT DOES DIVIDE: And he argues on the first Tanna [of the Mishnah] who said above that a canal divides in any case, while Rabbi Yehuda holds that [only] if it is [narrow enough such that it is] possible to harvest [produce on] both sides at once it does not divide. The halakhah is in accordance with Rabbi Yehuda.
AND ALL MOUNTAINS WHICH ARE PLOWED WITH A HOE: A mountain whose peak is vertical such that cattle cannot traverse it with their plows, and which lies between two fields.
HE MAY GIVE A CORNER FOR ALL [OF THE FIELDS]: That is to say that he may give one corner for both of the two fields, since the mountain is not considered a division. Since they can be plowed with hoes, meaning that people plow the mountain with certain tool which they use to dig in the ground, it is not considered a division. For one who sees it says that it is not a fallow land, but rather they will plow it tomorrow with a hoe and sow it, and therefore the two fields are considered to be one. 

Mishnah 3

ALL [ OF THE AFOREMENTIONED DIVISIONS] DIVIDE FOR SEED CROPS: It is explained in the Talmud Yerushalmi that the word "everything" comes to include a stone that lies along the entire field. If he needs to lift the plow on one side [of the stone] in order to place it on the other side, the stone is considered a division.
EXCEPT A FENCE: Which is ten cubits high.
 INTERMINGLING BRANCHES (lit. Tangled hair): Tree branches are called "hair". And the explanation of "tangled hair", is that the branches of the trees intermingle with one another above the fence, like a pestle which is stuck in a mortar.  

Mishnah 4

ALL THAT ARE IN SIGHT OF ONE ANOTHER: As long as one who stands next to one of the trees can see another tree, even if there is a fence between them, it [the fence] does not divide, and therefore one may take a corner from one tree on behalf of another.
FOR OLIVE TREES THAT THEY HAD ON EACH SIDE: They would give one corner for all of the olive trees which they owned east of the city, and another corner for all the olive trees which they owned to its west, and so on for the four directions.
WHICH THEY HAD IN THE ENTIRE CITY: They would only give one corner for all of them [the carob trees], even though they [the trees] were not in sight of one another. But the halakhah is not in accordance with R. Eliezer son of R. Zadok who said in his [R. Gamaliel's] name, but rather the halakhah is in accordance with R. Gamliel. 

Mishnah 5

TWO SPECIES OF WHEAT: For instance, dark and white. 

Mishnah 6

HA-LAVLAR: The scribe.
THE PAIRS: These refer to the pairs mentioned in the first chapter of Tractate Avot, who received [the tradition] pair from pair up until Shimon HaZadik. 

Mishnah 7

IF A FIELD WAS HARVESTED BY SAMARITANS: For themselves. And not that Samaritan workers harvested it for a Jew, for then it would be considered as if the Jew harvested it.
IF ANTS CHEWED IT UP: The habit of the ant is to cut the shaft of the stalk at the bottom. This is called chewing, as referenced in the verse "The boar out of the woods will chew it" (Psalms 80). 
IT IS EXEMPT: For it is written regarding Peah, "and when you harvest", [and the Sages derived the following]: "Until you yourselves are the harvesters". 
SINCE THE OBLIGATION OF PEAH APPLIES ONLY REGARDING STANDING GRAIN: That is to say, he left his Peah obligation among the standing grain. And although it is true that if the field was harvested, the Peah obligation reverts to the bundles [of produce] and he therefore is obligated to separate Peah from the bundles, that law applies in a case where he himself harvested the field, but in this case he did not harvest himself. 

Mishnah 8

THE BUYER GIVES PEAH FOR ALL [THE FIELD]: Because the obligation of Peah, which applied to the produce he harvested, remains for this half which the buyer purchased, and it is as if he only sold him the remaining half after he had already separated the Peah which befits that field. Similarly, one who redeems [a field] from the treasurer takes out a from the half which he redeemed a Peah portion that is appropriate for the entire field. 

Chapter 3



Mishnah 1

RECTANGULAR BEDS OF GRAIN: Rectangular beds. And because they are shaped like molds of bricks they are called "malbinot"--brick-like beds.
THAT ARE BETWEEN OLIVE-TREES: And the same is true for all other trees. But the author of the Mishnah chose to teach "olive-trees" to teach us that even olive-trees, which are obligated in Peah, do not divide according to Beit Hillel. Certainly other trees which are not obligated in Peah obviously do not divide.
THE HOUSE OF SHAMMAI SAYS: PEAH FROM EACH BED: From each rectangular bed - since the beds exist separately and do not overlap with one another, the House of Shammai holds that olive-trees divide. But in a case where the rows [of beds] overlap with one another, [they agree that] they [the olive-trees] do not divide. And when the trees are so distant from one another such that in an area of land which has the capacity of a Seah of seeds - which is an area of 50 cubits by 50 cubits - there are less than ten trees, the House of Hillel agrees that one must give Peah for each rectangular bed, since the trees are so distant from one another that it appears that the rectangular beds were not intentionally planted among the trees [but rather incidentally]. However, when the trees are close together such that there are ten [or more] trees in an area smaller than that which has the capacity of a Seah of seeds, the House of Shammai agrees that one gives one Peah portion for all [of the rectangular beds]. They only argue regarding a case in which there are exactly ten trees in an area of land that has the capacity of a Seah of seeds.

Mishnah 2

IF ONE HARVESTS: One who harvests his field in different places makes it appear spotted, as in the verse "...and a leopard its spots" (Jeremiah 13); he harvested the grain in the field that ripened first [regardless of its location].
AND LEFT OVER MOIST STALKS: Those that did not ripen.
HE GIVES PEAH FROM EACH AND EVERY ONE: When he returns to gather the moist stalks that he left over, because "spotting" is considered a division and is not considered the beginning of harvesting.
[IN A CASE OF] ONE WHO SOWS DILL: A vegetable which is called "aneto" (dill) in the foreign language (Italian).
THAT HE GIVES PEAH FROM EACH AND EVERY ONE: Because it is not typical to sow an entire field of them [dill and mustard], each of these beds is therefore considered an entire field. And dill and mustard are obligated in Peah even though we do not give Peah from vegetables, because they are grown for their seeds and are therefore considered like species of seeds. And the halakhah is in accordance with the Sages.

Mishnah 3

ONE WHO SEPARATES ONIONS: There are those who explain [this term] as related to the verse "And I am a smooth-skinned man" (Genesis 26). Others explain " ha-mahalik" as a variation of "ha-mihalek" (one who separates), which refers to one who takes a portion of the onions, while moist, to sell them in the market and leaves another portion to dry so they can be brought to the storehouse for storage.
GIVES PEAH FOR BOTH INDIVIDUALLY: Since they are similar to two species of wheat [with respect to the laws of Peah].
AND THUS IT IS FOR A VINEYARD: And the law is the same regarding one who separates [his grape crop] in a vineyard.
ONE WHO THINS OUT [THE FIELD] GIVES FROM THE REMNANT FOR THE REMAINDER: In a case in which the onions are planted close together, he takes one onion plant from among them in order that the others can grow more freely and become large. This is called thinning, since he draws and removes them from their place and indeed the Mishnah states "What is considered thinning? Taking one and leaving two". But those that he uproots in order to create space for the remaining [plants], are not obligated in Peah, because they are only [uprooted] for the purpose of improving the remaining [plants]. Therefore, he gives Peah only from the remainder, and the uprooted plant is completely exempt, since is not considered harvesting [to uproot it]. 
ONE WHO SEPARATES FROM ONE PARTICULAR AREA: That is to say, [he separates his produce], for one purpose, either entirely for storage or entirely for [sale in] the market. But Maimonides explained "me'ahat yad" as meaning "from one place", such that he does not take the portion that he intends to sell in the market from various places [in the field], but rather entirely from one side [of the field].

Mishnah 4

[SEED] ONIONS: [These are] Large onions that people leave [in the ground] in order to sprout, and because they stay in the ground they are not edible except in cases of necessity; therefore, Rabbi Yose exempted [them]. However, the Halakhah is not in accordance with him.
FOR RECTANGULAR BEDS OF ONIONS THAT ARE BETWEEN VEGETABLES: Rabbi Yose held that vegetables are similar to a "different crop" [with respect to the law that they divide], because it is unusual to plant onions between vegetables, and we taught earlier in the second chapter that a different crop divides [between crops]. But the Halakhah is not in accordance with Rabbi Yose.

Mishnah 5

THAT BUY A TREE: [That is,] of one of the [species of] trees that are obligated in Peah, as delineated in the first chapter.
ONE WHO SELLS THE STEMS OF TREES: Roots of plants that are obligated in Peah. But [the seller] did not sell him the land, so the buyer gives Peah from each and every stem. 
IN A TIME WHEN THE FIELD OWNER DID NOT RETAIN ANYTHING: That is to say, if the owner of the field did not begin harvesting or gathering produce, then in that case the buyer is obligated to give Peah. However, if the owner of the field began to harvest his field before he sold these [stems], such that the rest of the field has not been harvested or its produce gathered, then the owner of the field gives Peah from the entire field. For once he begins harvesting or gathering produce, he is obligated in Peah for the entire field. And Rabbi Yehuda comes to explain the initial Tanna's statement, and the law is as such. 

Mishnah 6

LAND [THE SIZE OF] THE QUARTER MEASUREMENT, is an area fit for sowing a quarter of a kav [of seeds]. And [the Sages] specified it as [an area of] approximately ten and a half cubits by ten cubits.
THAT WHICH MAKES TWO SE'AH: Rabbi Yehoshua does not consider sowing [in his measurement], but rather [production, for he holds that the measurement is an area of] land that produces two Se'ah, which equals twelve Kav. 
[THE SIZE THAT WOULD BE NEEDED] IN ORDER TO HARVEST AND REPEAT: The manner of harvesters is to grab as much grain as can fit in his palm and cut, as it is written in Scripture, "Wherewith the reaper filleth not his hand" (Psalms 129). So if there is enough standing grain such that one can fill his palm twice [with grain], it [the field] is obligated in Peah.
ANY SIZE OF LAND IS OBLIGATED IN PEAH, for he holds "the corner of thy field" (Leviticus 19)  implies a field of any size, and he thereby argues with all of them [the other Tannaim].
AND IN BIKURIM, [he is obligated], since "Your ground" is written concerning it [which implies ground of any size]. However, this is only true regarding Bikurim of wheat and barley, but regarding Bikurim of [fruits from] trees, he is only obligated if he has an area of sixteen square cubits, which is the amount of land required for the tree's nutrition, around the tree.
AND A PRUZBUL MAY BE WRITTEN FOR IT: Hillel instituted the Pruzbul when he saw that people were withholding from lending to poor people due to the seventh [Shemittah] year which releases debts. He instituted that one may transfer his documents [of debts he is owed] to Beit Din, and that one should write [the following]: "I am hereby transferring to you, so-and-so and so-and-so the judges, any debt that I am entitled to I may collect whenever I wish." Once they write him this document, the seventh year no longer releases the debt he is owed. However, this is only when the borrower possesses a plot of land of any size, for then it is considered as if the debt is already collected by Beit Din, and we no longer consider it [collection of the debt a violation of] "he shall not exact it" (Deuteronomy 15). This is because we consider the collection of the land as if he collected the entire debt, because there is no [issue of] extortion regarding real estate. 
AND MOVABLE PROPERTY CAN BE BOUGHT ALONG WITH IT, because chattel are purchased along with land using money, a contract, or a physical acquisition, as the Mishnah teaches in the first chapter of Kiddushin, where [this law] is explicit. 

Chapter 4



Chapter 5



Mishnah 1



Mishnah 2



Mishnah 3



Mishnah 4

He is exempt from repayment. The halacha follows the chachamim.

Mishnah 5

He gives grain or fruit to the poor person in exchange for what he gleaned.
[It is exempt] from tithes. That which the poor person ave to him since it is leket, shecheya, and peah.
What the owner gives to the poor person from his produce, and he is obligated to take tithes before he gives it to the poor person.
And they are poor.

Mishnah 6

He sells his field and the standing produce. However, if he sells the standing produce only and left the land for himself, then both are forbidden in leket, shichah, and peah, because one is the owner of the field, and one owns the harvest.
In leket, shichah, and peah, if he is poor.
On the condition that his son may collect behind him, for by doing so, the worker reduces for him from the hiring, and it happens that he makes up his deficit from that belonging to the poor.
Don't read 'olam' (world), rather read it 'olim' (ascending), and there are some who say this refers to those who came up from Egypt so we shouldn't change the warnings in the Torah given to those who came out of Egypt. There are some who say this refers to people who have lost their possessions, and we call them ascending as a term of respect.

Chapter 6



Chapter 7



Mishnah 1






Rabbi Yosi says there is no "forgetting" for olives. Rabbi Yosi only spoke for the time when Hadrian the Caesar came and destroyed the whole land, and olives weren't freely available, but when olives are freely available, Rabbi Yosi agrees that there is "forgetting" with olives.
Similarly, someone who all of his olive trees are in the above mentioned categories of "dripping oil", "its olives spill oil" and "embarassing the other olive trees", then the trees do have "forgetting" [i.e. if all his trees are nameworthy, they lose their "unforgetfulness" quality].

Mishnah 2



Mishnah 3



It got tangled in the leaves: it got tied up and caught in the leaves and because of that fell and became Peret.