Powtórzonego Prawa 23:26 Odniesienia do Talmudu: Jerusalem Talmud Bava Metzia, Jerusalem Talmud Maasrot & Jerusalem Talmud Peah

“If he was working with his hand but not with his feet.” Rebbi La said, it is written: “If you come into your neighbor’s standing grain,” etc.²⁴Deut. 23:26. This quote is not followed up here; it refers to the discussion in Ma‘serot 2:6, Notes 122–123. With his hands, binding. With his feet, he compresses. Even with his shoulder, he carries.

MISHNAH: What is their threshing floor for tithes¹¹⁵Since heave and tithes have to be given “from the threshing floor and the wine cellar” (Num. 18:27), the obligation starts only when the finished produce is stored. Before that time, one is permitted to eat snacks from the harvest without tithing since permission to eat snacks on the field is explicitly granted the agricultural worker (Deut. 23:26). Vegetables, which need neither threshing nor wine making, become subject to heave and tithes as soon as they are brought into storage, as noted at the end of the Mishnah. The problem discussed here is that of the farmer who brings his vegetables directly from the field to market. Since he will sell his vegetables on the way to the market in case he finds a buyer, the obligation starts as soon as the fruits and vegetables are ready to be transported from the field.
The Mishnah deals with fruits and vegetables that do not ripen together; they are collected and sold over an extended period of time.? Green melon and pumpkins from when they are cleaned¹¹⁶Since فقوس means a melon in Arabic, it is reasonable to explain פקס as Semitic “preparing a melon as food.”
Oriental sources (Maimonides, Rabbenu Ḥananel) explain that the reference is to the fine hair (פקסוס) growing on very young melons, zucchini, and cucumbers. For Rashi (Beẓah 13b, Baba Meẓi‘a 88b), פקס is the remainder of the flower which falls off by itself when the melon is harvested. The fine hair disappears from the ripening fruit without intervention by the farmer. In his Code (Ma‘aser 3:8), Maimonides remains true to his active reading in the Mishnah and formulates: “After he (the farmer, actively) rubs them clean.”; if they are not cleaned, when one makes a heap. Water melons, when they are cleaned¹¹⁷Maimonides and R. Ḥananel both explain that שלק is the technical term for watermelon corresponding to פקס for sweet melon, without connection to שלק “preserving by prolonged cooking.” Levy explains the word here as meaning: fully ripened by the sun. The Tosephta, 1:6, mentions cooking only for sweet melons, melopepones; if they are collected to be cooked they become subject to tithes only after cooking.; if they are not cleaned, when he puts them in storage. Vegetables sold in bundles, when they are bundled. When he makes no bundles, when he is finished filling the vessel; if he does not fill the vessel, when he is finished harvesting. A fig basket when he covers it; if he does not cover it when the vessel is completely filled; if he does not completely fill the vessel, when he has collected all he wants. When has this been said? When he brings it to market. But if he brings it to his house, he may eat snacks from it until he reaches his house.
Dried pomegranate cells, raisins, and carob when he makes them into a pile. Onions when they are cleaned, if he does not clean when he makes them into a pile. Grain when it is in smooth piles, if he does not smoothe when he makes it into a pile. Legumes when they are sifted, if he does not sift when he makes smooth piles. Even though he made smooth piles, he may take from the broken ones, from the sides, and from what is in the chaff and eat.
Wine after he cleaned it¹²⁶From the fermenting yeast and the membrane which formed on top of the fermenting wine. It is clear from the Tosephta quoted later that this cleaning comes after the removal of seeds and skins from the fermenting wine; the removal is called שׁוֹלֶה “fishing out”.. Even after he cleaned it he may collect from the upper part of the winepress or the pipe¹²⁷Any fluid that is not in the fermentation vat will not be wine and, therefore, is not subject to tithes. and drink. Oil after it descended into the barrel. Even after it descended, he may take from the press, the weight, and between the beams¹²⁸Oil clinging to these places can never be stored; it is exempt from tithes. and put it on a pizza or into a bowl but he should not add it to a hot pan or pot¹²⁹Cooking is an action that should come after storing. Therefore, cooking itself makes any produce liable to heave and tithing (cf. Halakhah 4:1). R. Jehudah disagrees and restricts the rule to cooking in a reacting medium.. Rebbi Jehudah says, he may put it anywhere except into anything containing vinegar or fish sauce.

¹²²Similar texts in Sifry Deut. 266, 267; Babli Baba Meẓi‘a 87b. It is written (Deut. 23:26): “If you come into your neighbor’s standing grain.” I could think that this means everybody; the verse says “do not swing a sickle over your neighbor’s standing grain,” he who has permission to swing a sickle, that means the laborer. Issy ben Aqabiah says, the verse speaks about everybody. Why does the verse say, “do not swing a sickle over your neighbor’s standing grain?” He has no right except at the time of swinging the sickle¹²³It seems that Issy ben Aqabiah’s text is corrupt. The Rome text reads: אִיסִּי בֶּן עֲקַבְיָה אוֹמֵר בִּשְׁאָר כָּל־אָדָם הַכָּתוּב מְדַבֵּר מַה פּוֹעֵל יֵשׁ לוֹ רְשׁוּת לְהָנִיף אַתְּ אָמוּר וּשְׁאָר כָּל־בְּנֵי אָדָן שֶׁאֵין לָהֶם רְשׁוּת לְהָנִיף לֹא כָּל־שֶׁכֵּן מַה תַלְמוּד לוֹמַר וְחֶרְמֵשׁ לֹא תָנִיף מִכָּאן שֶׁאֵין לוֹ רְשׁוּת לֶאֱכוֹל אֶלָּא בִּשְׁעַת הַנָּפַת מַגָּל … “Issy ben Aqabiah says, the verse speaks about everybody. Since you speak about the laborer who has the right to swing the sickle, so much more other people who have no right to swing the sickle. The verse says ‘do not swing a sickle over your neighbor’s standing grain,’ he has no right except at the time of swinging the sickle.”
In this version, Issy ben Aqabiah agrees that only the laborer has the right to eat from the farmer’s harvest and only at harvest time; this is the position of Aqabiah ben Mehalalel, Midrash Haggadol Deut., ed. S. Fish (Jerusalem 1975) p. 533 = Midrash Tannaïm, ed. Hoffmann, p. 153.. It was stated¹²⁴This baraita is not found in any other source.: Rebbi Simeon ben Ioḥai says, how far was the Torah careful about robbery that it judged between a human and his neighbor about a swing of the sickle! How great is labor, since the generation of the Flood was destroyed only because of robbery, but the laborer does his work, eats, and is free of any robbery!