A VINEYARD OF ONLY OLELOS (Yerushalmi Peah Perek 7 Halachah 6 Daf 34b)
îùðä ëøí ùëåìå òåììåú øáé àìéòæø àåîø ìáò"ä åø"ò àåîø ìòðééí
(Mishnah): If a vineyard consists entirely of Olelos - R. Eliezer says that it belongs to the owner; R. Akiva says that it belongs to the poor.
àîø ø"à (ãáøéí ëã) ëé úáöåø ìà úòåìì àí àéï áöéø òåììåú îðééï
(R. Eliezer): The pasuk states (Devarim 24:21), "When you harvest, do not take off the small clusters". If there is no harvest, how can you have Olelos?
àîø ìå ø"ò (åé÷øà éè) åëøîê ìà úòåìì àôé' ëåìå òåììåú à"ë ìîä ðàîø ëé úáöåø ìà úòåìì àéï ìòðééí áòåììåú ÷åãí ìáöéø:
(R. Akiva to R. Eliezer): The pasuk states (Vayikra 19:10), "Do not take off the small clusters of your vineyard" - even if all are Olelos. If so, why does it say, "when you pick your grapes, do not take off the small clusters"? To teach that the poor do not receive Olelos before harvesting.
âîøà åãëååúé' àí àéï áöéø àéï ôøè òã ùéäà áöéø áöã äáöéø àëìúï çéä ìà
(Gemara): Just as the poor may not take Olelos until the owner harvests, similarly with Peret. The owner needs to harvest a certain minimum amount for this (as will be explained). If he began harvesting and an animal ate what he had harvested, he cannot count the original produce (that was eaten) towards that minimum.
åëîä äåà áöéø
Question: What is that minimum?
ãáéú ùéìà àîøå ùìùä àùëìåú ùäï òåùéí øáéò
Answer (D' Beis Shila): Three clusters, that produce a Revi'is (around 86 ml/ close to 3 fl oz) of wine.
åäà ø"ò î÷ééí úøé ÷øàé åîä î÷ééí ø"à åëøîê ìà úòåìì
Question: R. Akiva explained both pesukim, but how does R. Eliezer understand R. Akiva's pasuk of "Do not take off the small clusters of your vineyard"?
ùìà úàîø äåàéì åàéï ìòðééí òåììåú ÷åãí ìáöéø éæëä áäï áò"ä ìôåí ëï öøéê îéîø åëøîê ìà úòåìì:
Answer: So that you should not say that since the poor may not take Olelos before the harvest, the owner could therefore take them.
ONE WHO CONSECRATED HIS VINEYARD (Yerushalmi Peah Perek 7 Halachah 7 Daf 34b)
îùðä äî÷ãéù àú ëøîå òã ùìà ðåãòå äòåììåú àéï äòåììåú ìòðééí îùðåãòå äòåììåú äòåììåú ìòðééí
(Mishnah): One who consecrated his vineyard before the Olelos were visible, they do not belong to the poor; if it was after they were visible, they belong to the poor.
[ãó ñå òîåã á (òåæ åäãø)] ø' éåñé àåîø éúðå ùëø âéãåìï ìä÷ãù
(R. Yosi): They must give the value of their growth (i.e. the value of the amount they grew between his consecration and until they ripened) to Hekdesh.
åàéæå ùëçä áòøéñ ëì ùàéðå éëåì ìôùåè àú éãéå åìéèì' åáøâìéåú îùéòáåø îîðä:
What is considered Shichechah of vines growing on a trellis? When he is no longer able to stretch out his hand and take it. And in the case of vines at foot level; it is Shichechah when the gatherers have passed by.
âîøà úîï úðéðï îúéøéï áâîæéåú ùì ä÷ãù àîøå ìäí çëîéí àéï àúí îåãéí ìðå áâéãåìé ä÷ãù ùäï àñåøé' åàîøå äï àáåúéðå ëùä÷ãéùå ìà ä÷ãéùå àìà ÷åøåú îôðé áòìé àâøåó ùäéå áàéï åðåèìéï àåúï áæøåò
(Gemara) (Mishnah in Maseches Pesachim): (The people of Yericho) permitted branches of trees they consecrated. The Chachamim said to them - Don't you agree that growths of Hekdesh are prohibited? They replied - When our fathers consecrated, they only consecrated the beams, because of the powerful men who would come and take them by force.
îä øáðï ñáøéï îéîø ÷åøåú åôéøåú
Question: If so, what was the Chachamim's reason to object? You cannot assume that they left the growths unconsecrated.
åàôé' úéîø (÷åøåú åôéøåú) ÷åøåú ä÷ãéùå åôéøåú ìà ä÷ãéùå öøéëä ìøáðï äî÷ãéù ùãä àéìï îäå ùéùééø ìå áâãåìéäï
Answer #2: Even if they consecrated only the beams and not the growths, the Chachamim were doubtful as to whether that condition was valid - when one consecrated an orchard, can he retain the growths for himself?
ðùîòéðà îï äãà îùðåãòå äòåììåú äòåììåú ìòðééí
Suggestion: Answer it from our Mishnah - 'if it was after the Olelos were visible, they belong to the poor' - even though the Olelos grew from Hekdesh branches!
ùðéé' äéà ùàéï àãí î÷ãéù ãáø ùàéðå ùìå
Rejection: It is because a person cannot consecrate something that is not his (namely, the Olelos that are the property of the poor).
[ãó ñæ òîåã à (òåæ åäãø)] îòúä àôé' ìà ðåãòå äòåììåú éäéå äòåììåú ìòðééí
Question: This should be true even before the Olelos are visible?
ùðéà äéà ùäåà ëøí ä÷ãù
Answer: (Since they were not known at the time of his consecration, they are like Olelos from a Hekdesh vineyard...
ëäãà ãúðà äðåèò ëøí ìä÷ãù ôèåø îï äòøìä îï äøáòé åîï äòåììåú åçééá áùáéòéú
As the Baraisa teaches that if one plants a vineyard for Hekdesh, it is exempt from Orlah, from Revay and from Olelos, but it is obligated in the laws of Sheviis (refraining from working the land in the Shemittah year).
ø"æ áùí ø' éåçðï (åé÷øà ëä) åùáúä äàøõ ùáú ìä' ãáø ùäåà ìä' ùáéòéú çìä òìéå
(R. Zeira citing R. Yochanan): (Why is it obligated in Sheviis?) The pasuk states (Vayikra 25:2), "And the land shall rest a resting to Hash-m" - Sheviis rests (even) upon something that is to Hash-m.
øáé çééà áø àáà áòé ÷åîé øáé îðà ìàåëìå áìà ôãéåï àé àôùø ùàé àôùø ìä÷ãù ìöàú áìà ôãéåï ìôãåúå åìàëìå ðîöà ëìå÷ç ìå ÷åøãí îãîé ùáéòéú
Question (R. Chiya bar Abba to R. Mana): Even if Sheviis rests upon Hekdesh produce, it certainly requires redemption in order to allow it to be eaten. If he redeems the fruits, the money receives the sanctity of Sheviis (meaning that it can only be used for food), but Hekdesh cannot be used for food - and it is as if he bought a pickaxe with Sheviis money?!
à"ì [ãó ìä òîåã à] äâéæáø îçìéôå áéã àçø
Answer (R. Mana): The treasurer exchanges it for another Jew's money and it then receives the sanctity of Sheviis (and must be used to buy food).
àîø øáé îúðéà åìîä ìéú àðï àîøéï ëéé ãà"ø éåçðï ãáøé ø' éåñé îôðé ù÷ãí ðãøå ìäá÷øå [ãó ñæ òîåã á (òåæ åäãø)] åëà îôðé ù÷ãí äá÷øå ìä÷ãùå
(R. Yosi said in the Mishnah that they must give the value of their growth to Hekdesh.) R. Matanyah asked - (the Mishnah in Nedarim teaches that if a person vowed, prohibiting benefit to another, if that person does not have food to eat, the one who vowed may even place it on a rock and declare it Hefker and the other one can then take it. R. Yosi prohibits this. R. Yochanan said that R. Yosi's reason is that his vow preceded his declaration of Hefker. If so, what is the question of R. Chiya bar Abba - surely the sanctity of Hekdesh cannot fall on the produce, since the Torah ordered it to be Hefker (because of Sheviis)? (The Gemara leaves this question unanswered.)
àîø øáé éåçðï îòùä äéä åäåøå ëøáé éåñé
(R. Yochanan): It once happened that they ruled like R. Yosi that they must give the value of their growth to Hekdesh.
ìéú äãà ôìéâé òì øáé éåçðï ãø"é àîø îëéåï ùòáø îîðå äøé æå ùëçä
Question: (The Mishnah taught - What is considered Shichechah of vines growing on a trellis? When he is no longer able to stretch out his hand and take it.) Isn't this against R. Yochanan who said (earlier in Perek 5 Halacha 2 - Zevachim daf 48(h)) that once he has passed by the olive, it is Shichechah (even though he could still reach out and take it)?
ùðéà äéà áòøéñ ùãøëå ìáçï
Answer: A trellis is different - since it is growing on a raised pole, it is normal to go back and check it.
åàôé' òì øáé äåùòéà ìéú äãà ôìéâé ãø' äåùòéà àîø øåîñ äééúé æéúéí òí ø' çééà äâãåì åàîø ìé ëì æéú ùàú éëåì ìôùåè éãê åìéèìå àéðå ùëçä ùðéà äéà ùëì øåâìéåú åøåâìéåú àåîï áôðé òöîå:
And this does not even disagree with R. Hoshiya (above Perek 6 Halachah 4 - Zevachim daf 59-2(j)) who said, "I was once harvesting olives with R. Chiya the Great and he told me that any olive that you can reach out and take is not Shichechah (even if he has already passed it by)" - since even he agrees that vines at foot level are different, because each vine is considered a separate row.