משנה: הַמֵּידַל בַּגְּפָנִים כְּשֵׁם שֶׁהוּא מֵידַל בְּתוֹךְ שֶׁלּוֹ כָּךְ הוּא מֵידַל בְּשֶׁל עֲנִייִם דִּבְרֵי רִבִּי יְהוּדָה. רִבִּי מֵאִיר אוֹמֵר בְּשֶׁלּוֹ הוּא רְשַׁאי וְאֵינוֹ רְשַׁאי בְשֶׁל עֲנִייִם. 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.
הלכה: הַכֹּל מוֹדִין בְּמוֹכֵר לַחֲבֵירוֹ עֲשָׂרָה אֶשְׁכּוֹלוֹת שֶׁיְּהֵא אָסוּר לִיגַּע בָּהֶן. הַכֹּל מוֹדִין בְּשׁוּתָף כְּשֵׁם שֶׁהוּא מֵידַל בְּתוֹךְ שֶׁלּוֹ כָּךְ הוּא מֵידַל בְּתוֹךְ שֶׁל חֲבֵירוֹ. רִבִּי יְהוּדָה עֲבַד לֵיהּ כְּשׁוּתָף [וְרִבִּי מֵאִיר עֲבַד לֵיהּ כְּמוֹכֵר]. אָמַר לֵיהּ רִבִי אִימִּי הַגַּע עַצְמָךְ שֶׁאֲכָלָתָן חַיָּה. אִין תְּעַבְדִּינֵיהּ כְּשׁוּתָף יְהֵא חַייָב לְשַׁלֵּם לוֹ. HALAKHAH: Everybody agrees that he who sells ten bunches to somebody else may not touch them91To thin out after the sale.. Everybody agrees in a partnership that just as he thins out his, so he thins out that of his partner92Since it is a necessary part of tending the vineyard.. Rebbi Jehudah considers him to be a partner, Rebbi Meïr considers him to be a seller93The last clause is missing in the Venice print and the Leyden manuscript; it is added from R. S. Cirillo and the Rome manuscript on the testimony of R. Simson of Sens that it was in his Yerushalmi text.. Rebbi Immi said to him94The person addressed is not indicated. The usual partner of Rebbi Immi was Rebbi Yasa (Assi).: Think about it, if a wild animal ate it, if you consider him a partner he is required to pay him95If the wild animal ate all the gleanings of the poor person then, as in any partnership, the damage should be borne jointly by the two partners; hence, the farmer should pay to the poor person his part of the loss. (Since individual poor persons have no standing in court in this matter, probably he should give the equivalent to the local administrator of charity.)!
אָמַר רִבִּי יוֹחָנָן נִרְאֵית מוּחְלֶפֶת שִׁיטָּתוֹ שֶׁל רִבִּי יְהוּדָה. תַּמָּן הוּא אוֹמֵר בֵּין כָּךְ וּבֵין כָּךְ נוֹטְלָן וּמֵנִיחָן עַל הַגֶּדֶר וְהֶעָנִי בָּא וְנוֹטֵל אֶת שֶׁלּוֹ. וְכֹא הוּא אוֹמֵר הָכֵן. מִתּוֹךְ שֶׁהוּא מְעַכָּן הֵן עוֹשׂוֹת יוֹתֵר לַשָּׁנָה הַבָּאָה. וְאָמַר אוּף הָכָא מִכֵּיוָן שֶׁהוּא מַרְבְּעָהּ הִיא עוֹשָׂה יוֹתֵר לַֹשָּנָה הַבָּאָה. אָמַר לֵיהּ מָצוּי הוּא לְזוֹרְעָהּ יֶרֶק וּלְהַבְרִיחָהּ מִן הָעֲנִייִם. Rebbi Joḥanan said, it seems that Rebbi Jehudah changed his opinion. There96Halakhah 5:3, speaking of the farmer who wants to irrigate or fertilize his field immediately after harvest, before the poor had an opportunity to search for gleanings. There, the same question is asked in the other direction and answered differently. he says, in both cases he takes them, deposits them on the fence and the poor comes and takes what is his; but here he says so97That he can eliminate the part of the poor in the course of regular care of his vineyard.! Because he squeezees them, they will produce more the next year. I should say also here, because he fertilizes it, it will produce more the next year. He said to him, it happens frequently98A vine is a perennial and will always produce grapes, so the poor can wait for the next crop. But a field is subject to regular crop rotation and it is to be expected that every third year or so the field will be sown with vegetables not harvested at one time, exempt from peah. Hence, the interest of the poor in not in the next crop. that he will sow vegetables and shelter them from the poor.