The Jerusalem Talmud Jerusalem Talmud Peah 4.2

English · Heinrich W. Guggenheimer

MISHNAH: If he took some of the peah and threw it on the rest, he has nothing of it. If he fell on it or spread his talith on it, one removes him from it. The same is valid for gleanings and the forgotten sheaf.

2

English · Heinrich W. Guggenheimer

HALAKHAH: It was stated in the name of Rebbi Meïr: “One punishes him and takes away from him both the cut and the standing produce.” That refers to intentional misconduct; does it apply even to action in error or even to small sheaves?

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English · Heinrich W. Guggenheimer

Rebbi Simeon ben Laqish in the name of Abba Cohen Bar Dalaia: A person acquires a find within four cubits of himself. What is the reason? (1Chr. 22:14) “Look, in my poverty I prepared for the House of the Eternal 100’000 kikkar of gold, 1’000’000 kikkar of silver, bronze and iron unweighed because it was so much, I prepared wood and stones, and you should add to them.”

4

English · Heinrich W. Guggenheimer

Rebbi Jonah said that Rebbi Hoshaiah asked: What are we talking about? If this was within four cubits from him, he was rich. If it was outside of four cubits, may anybody dedicate anything that is not his? We confirmed it if he dedicated it piece by piece.

5

English · Heinrich W. Guggenheimer

Rebbi Abun said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: בְּעוֹנְיִי “in my deprivation,” because he fasted and donated the price of his meal to Heaven.

6

English · Heinrich W. Guggenheimer

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it. He said to him, it is the same, he did not say that his four cubits should acquire it for him.

7

English · Heinrich W. Guggenheimer

Rebbi Yasa said in the name of Rebbi Joḥanan: That refers to divorce documents, but it does not apply to a gift. Rebbi Joḥanan adds something, Rebbi Simeon ben Laqish adds something. Rebbi Joḥanan adds something. Since a find which cannot be acquired by the knowledge of another person can be acquired within four cubits, should this rule not apply a fortiori to a gift that is acquired by the knowledge of another person? Rebbi Simeon ben Laqish adds something. Since a gift which cannot be acquired within four cubits can be acquired by the knowledge of another person, should this not a fortiori apply to a find?

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English · Heinrich W. Guggenheimer

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Jerusalem Talmud Peah 4.2

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