משנה: בַּעַל הַבַּיִת שֶׁהָיָה עוֹבֵר מִמָּקוֹם לְמָקוֹם וְצָרִיךְ לִיטּוֹל לֶקֶט שִׁכְחָה וּפֵיאָה וּמַעֲשֵׂר עָנִי וּכְשֶׁיַּחְזוֹר לְבֵיתוֹ יְשַׁלֵּם דִּבְרֵי רִבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים עָנִי הָיָה בְאוֹתָהּ שָׁעָה. הַמַּחֲלִיף עִם הָעֲנִייִם בְּשֶׁלּוֹ פָטוּר וּבְשֶׁל עֲנִייִם חַייָב. שְׁנַיִם שֶׁקִּבְּלוּ שָׂדֶה בְּאָרִיסוּת זֶה נוֹתֵן לְזֶה חֶלְקוֹ וּמַעֲשֵׂר עָנִי וְזֶה נוֹתֵן לְזֶה חֶלְקוֹ וּמַעֲשֵׂר עָנִי. הַמְּקַבֵּל שָׂדֶה לִקְצוֹר אָסוּר בְּלֶקֶט וּבְשִׁכְחָה וּבְפֵיאָה וּבְמַעֲשֵׂר עָנִי. אָמַר רִבִּי יְהוּדָה אֵימָתַי בִּזְמָן שֶׁקִּבְּלָהּ מִמֶּנָּה לְמֶחֱצָה לִשְׁלִישׁ וְלִרְבִיעַ אֲבָל אִם אָמַר לוֹ שְׁלִישׁ מַה שֶׁאַתָּה קוֹצֵר שֶׁלָּךְ מוּתָּר בְּלֶקֶט וּבְשִׁכְחָה וּבְפֵיאָה וְאָסוּר בְּמַעֲשֵׂר עָנִי. MISHNAH: If he87If the farmer takes from the poor their gleanings or peah in exchange for grain from his storage, what he takes is not subject to tithes, since gleanings and peah are exempt, but what the poor take is subject to heave and tithes. switches with the poor, what he receives is exempt but what the poor get is obligated. If two persons received a field as sharecroppers88That means, both are poor. [The meaning of the word אריס is “cultivator of the soil”, from Arabic اريس, designating a tenant farmer. In both Talmudim, the designation is restricted to sharecroppers.], one gives his part and his tithes of the poor to the other one89Nobody may take tithes of the poor, gleanings, etc., from his own harvest even if he is poor. Since the sharecropper has a proprietary interest in the growing plants, he may not take any of the gifts to the poor. But if two poor people work two sides of one field, each one is entitled to all the gifts to the poor accruing from the other’s half., and vice-versa. He who receives a field to harvest is barred from its gleanings, forgotten sheaves, and peah. Rebbi Jehudah said, when is this so90The Babli postulates that everywhere R. Jehudah is mentioned with the question אימתי, he does not disagree with the anonymous text of the Mishnah but gives it a restrictive definition. The Yerushalmi seems to agree with this.? When he received it for one-half, one third, or one quarter91The standard terms of a sharecropper’s contract.; but if he told him, one third of what you will harvest will be yours92In this case, the sharecropper has no property claim to the standing grain; the harvest is the landowner’s and the sharecropper may take the gifts to the poor from this crop. However, tithes of the poor, like any other tithes, are an obligation on the threshed grains and there the sharecropper is already an owner and the tithes of the poor are prohibited to him., he may take gleanings, forgotten sheaves, and peah but not the tithes of the poor.
הלכה: תַּנִּי אַב וּבְנוֹ אִישׁ וּקְרוֹבוֹ שְׁנֵי אַחִין שְׁנֵי שׁוּתָפִין פּוֹדִין זֶה לָזֶה מַעֲשֵׂר שֵׁנִי וְנוֹתְנִין זֶה לָזֶה מַעֲשֵׂר עָנִי. אָמַר רִבִּי יוּדָן תָּבוֹא מְאֵירָה לְמִי שֶׁהוּא נוֹתֵן לְאָבִיו מַעֲשֵׂר עָנִי. אָמַר מְנַיִין שֶׁאִם הָיוּ שְנֵיהֶן עֲנִייִם. HALAKHAH: It is stated93Tosephta Maäser Šeni 4:7 in a slightly different wording. A third version, in which the answer to R. Jehudah is missing, is given in Kiddushin.32a">Babli Qiddushin 32a.: A father and his son94The grownup son who earns his own money., a man and his relative, two brothers, two associates redeem Second Tithe95Cf. Peah 1:1:30" href="/Jerusalem_Talmud_Peah.1.1.30">Chapter 1, Note 127. In the times of the Temple, if the accumulated amount of Second Tithe was too large, the produce could be redeemed and the money taken to Jerusalem to be spent on similar food (Deuteronomy.14.25">Deut. 14:25). After the destruction of the Temple, Second Tithe has to be redeemed for a symbolic amount since the redemption money then has to be destroyed. However, it is spelled out in the last chapter of Leviticus that a person who redeems any of his dedications has to add another 25% to the redemption sum. A redemption by a third party is not subject to this surtax. It is therefore in everybody’s interest to let a third party redeem Second Tithes. for one another and give tithe of the poor to one another96If they qualify as poor.. Rebbi Jehudah said, a curse should come upon him who gives tithe of the poor to his father97Even if his father can no longer work and has no savings, the son should not treat him as receiver of charity.. He said, why? If they were both poor98If the son himself qualifies for public assistance as a poor person, it is acceptable that he give the tithe of the poor of his plot to his father.!
מַה בֵּינָהּ לְקַדְמִיתָא אֶלָּא לִכְשֶׁתִּקְצוֹר שְׁלִישׁ הֲרֵי הִיא שֶׁלָּךְ. אָמַר רִבִּי חִייָא בַּר רִבִּי בּוּן הָדָא אָֽמְרָה שֶׁהַמּוֹכֵר זַכַּיי בְּפֵיאָה שֶׁהִיא מַתֶּרֶת אֶת הָעוֹמָרִים. אָמַר רִבִּי יוֹסֵי בֵּי רִבִּי בּוּן תַּמָּן נִתְחַייְבָה שָׂדֵהוּ בִרְשׁוּתוֹ בְּרַם הָכָא לֹא נִתְחַייְבָה שָׂדֵהוּ בִרְשׁוּתוֹ. What99This paragraph is almost identical with one in Chapter 2, Halakha 7, with references to “here” and “there” switched as required. The name of the tradent has been switched from the correct “Abin bar Ḥiyya” to a non-existent “Ḥiyya bar Abin”. The discussion is about the ruling by R. Jehudah that the sharecropper may take the gifts to the poor if his share is only produce which is already cut. is the difference between this and the first case100Of the usual sharecropper who has rights to the growing plants.? It must be “if you cut it, a third will be yours101Only after the harvest is completed does the sharecropper get rights..” Rebbi Abin bar Ḥiyya said, that implies that the seller may get the peah which permits the sheaves102In the situation of Mishnah 2:7, at the moment of the actual obligation of peah the field is already sold, the peah was never the seller’s and he may take from it if he is poor.. Rebbi Yose ben Rebbi Abun103He shows that the argument of R. Abin bar Ḥiyya is faulty. While the actual obligation of peah arises during the buyer’s harvest, the potential obligation started with the seller’s harvest. Hence, the seller should be barred from taking his part of the peah. In contrast, the sharecropper who is given ownership only of a part of the harvest, not of the standing grain, has nothing at all to do with the obligation of peah. said, there the obligation of the field did come during his ownership, but here the obligation of the field did not come during his ownership.
אָמַר רִבִּי אַבָּהוּ בַּר נַגָּרִי שַׁנְייָה הִיא בְּלֶקֶט וּבְשִׁכְחָה וּבְפֵיאָה שֶׁהֵן בַּעֲזִיבָה. Rebbi Abbahu bar Naggari104An Amora whose time and place cannot be determined. His reasoning parallels R. Yose’s: Gleanings etc. have to be abandoned on the field and it was not the sharecropper’s field. But tithes, including the tithe of the poor, have to be given after threshing, and in that poor and rich are in the same situation. said, there is a difference for gleanings, forgotten sheaves, and peah because they have to be abandoned.