Yerushalmi Kilayim 2:3 ירושלמי כלאים ב׳:ג׳

MISHNAH: [If the field was] sown and he decided to plant, he should not say, I shall plant and then I shall turn over, but he shall turn over and then plant. [If it was] planted and he decided to sow, he should not say, I shall sow and then I shall uproot, but he should uproot and then sow. If he wishes, he cuts down to less than a hand-breadth, plants, and then takes out the roots.
If his field was sown with hemp or arum⁶⁹See Peak, Mishnah 6:9., one should not sow on it because they produce all of three years⁷⁰The next paragraph (next Mishnah in the Mishnah part of the Yerushalmi) will explain that, in general, aftergrowth may be disregarded. But if a kind is known to produce commercially valuable aftergrowth, even if no new seeds were provided, then this is to be considered as a continued crop and any other kind on that field is kilaim. A field of hemp cannot be used for another crop the next year unless all hemp roots are taken out..
One is not required to weed grain in which there appeared aftergrowth of indigo, or the threshing floor on which many kinds are appearing⁷¹They never were sown; this is growth from the grains which remained from the different kinds that were threshed at that floor., or fenugreek in which grasses appeared⁷²Fenugreek is an expensive spice and medicinal plant with tiny seeds which is cultivated only on plots the size of a garden bed. Since the plants are of such high value, weeding has to be done with the utmost care.. But if he weeded or cut, one says to him, uproot everything except one kind.

HALAKHAH: It was stated: One may put sheaves next⁵⁷The meaning of סומך “to lean on” was studied by J. N. Epstein, ,מבוא לנוסח המשנה 2nd ed. (Jerusalem/Tel Aviv 1964) p. 446. to dried-up vines. Rebbi Yose said, that means that one may not plant a dry vine next to dry standing grain⁵⁸Since only sheaves, bundles of cut grain, may lean on dry vines, it follows that dry, standing grain must be separated even from dried-up vines.. May one sow next to dry vines? Let us hear from the following⁵⁹Mishnah 7:2.:“A dried-up vine is forbidden but does not sanctify⁶⁰Deut. 22:9 declares that grain growing in a vineyard sanctifies both the grain and the vines. This means that it acquires a status similar to sacrifices; all profane use of it is forbidden. But since it is not a sacrifice, it has to be burned. In tractate Kilaim, “sanctified” means “it must be destroyed by burning.” Kilaim not involving vines are sinful but not sanctified..” Rebbi Eleazar said, this is the opinion of Rebbi Meïr, since Rebbi Meïr said⁵⁹Mishnah 7:2., even cotton⁶¹Determination of Maimonides and R. Simson, see Mishnah 7:2. Cotton is not food but cottonseed is. is forbidden but does not sanctify.

That⁶²The last sentence of the Mishnah, that one may cut down, plant, and only then uproot. means that one may sow next to dry vines and “when they produce leaves again, the past is permitted and the future prohibited.⁶³Tosephta Kilaim 1:18. There is added: “If he reduced the stumps to less than a hand-breadth in height, but when he returned he found new vine leaves over the growing grain, the past is permitted but the future forbidden. He removes any kind he chooses and keeps the other kind.”” Like that of Rebbi Simeon ben Jehudah⁶⁴A Tanna of the Fifth generation, student of R. Simeon ben Ioḥai, from Kefar Akko. who cut down his vines and told his sharecropper, go and sow! After he had sown, they⁶⁵The stumps of the vines. started to grow leaves. He said to him, go and cut⁶⁶Harvest the unripe grain for fodder.! After he had cut, they rotted; he said to him, go and sow close up⁶⁷Rotting vine stumps are certain not to produce fruit; they can be disregarded.. Rebbi Zeīra asked: Is that only for Rebbi Simeon ben Jehudah, for he said it in full knowledge; what about common people who do not have full knowledge? He returned and said, even Rebbi Simeon ben Jehudah said it only because of the bad appearance⁶⁸As long as the vine stumps do not produce blossoms, the prohibition is purely rabbinical and not universally accepted..

It is a condition of Joshua⁷³Ten categories of public use of private property are attributed to Biblical Joshua, attached as liens to the original distribution of land. The detailed discussion is in Babli Baba Qama 80b–82a, Yerushalmi Baba Batra5:1 (fol. 15a). Since tractate Neziqin in the Yerushalmi was edited differently from the rest of the Yerushalmi, the text in Yerushalmi Baba Batra is similar to but not identical with the text here. that one may collect grasses everywhere except in a field of fenugreek. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac bar Naḥman: The Mishnah deals with him who sowed for sheaves⁷⁴He wants to sell fenugreek in retail bundles. The buyer can take the seeds as spices anytime he wants and in the meantime store the plants so they will not be lost.. But did we not state: “One is not required to weed … fenugreek in which grasses appeared?⁷⁵If he grows fenugreek for sheaves, he can use the grasses to bind the “sheaves” that in reality are thin bundles. The grasses represent a value for him, he wants them there, and the entire crop should be forbidden because of kilaim! How can the Mishnah exempt fenugreek from an obligation of weeding?” Rebbi Jacob bar Aḥa in his own name: “When it grew for seeds⁷⁶In that case, the grasses are really weeds; they have to be removed before the fenugreek seeds can be taken from the stems..” Rebbi Yose said, did Joshua come only to help sinners⁷⁷Why should one be prohibited to take grasses which should have been weeded and whose existence is proof of a sin?? If he committed a sin, it is forbidden as robbery⁷⁸Since then the owner is deprived of his material to bind the bundles., if he did not commit a sin it is permitted in respect to robbery. Hence, there is no difference whether he sowed for seeds or for sheaves⁷⁹The Mishnah applies to both cases.. But did we not state: “One is not required to weed … fenugreek in which grasses appeared?” If he intends to use the grasses, one should oblige him to weed! Rebbi Aḥa in the name of Rebbi Miasha: He would be happy if they were torn out and lying before him⁸⁰The entire previous argument is untenable; even if the farmer wants to sell fenugreek in small bundles, the loss because of weeds is much larger than the money or work saved in having the grasses ready as material for tying the bundles.. Rebbi Yose did not say so, but in the end he approves that they should be torn out and lying before him⁸¹Even if he wants to sell fenugreek in bundles, he would first have to remove the grasses from the field before harvesting, in order to have a commercially usable crop. However, he wants to preserve them in order to use them to tie the bundles; he does not want to have them treated as ownerless.. But then, if somebody found kilaim in a vineyard, they should be forbidden as robbery since in the end he desires that they should be torn out and lie before him⁸²There will be some use for weeds, probably as animal feed, even though without the religious obligation of kilaim the vineyard must be weeded to ensure the growth of the grapes.! There⁸³The grape harvest is transported in vessels; fenugreek bundles are tied on the “field,” i. e., the garden plot., he has the means to bring it in, here he does not have the means to bring it in. Rav Naḥman said that Rebbi Mana asked: Think about it, if he had another field of fenugreek close by, then he has the means to bring it in⁸⁴The grasses growing on one plot could also be used for the other.! The words of the rabbis disagree, since Rebbi Zeriqan said in the name of the House of Yannai: All aftergrowth is forbidden except for that which appears⁸⁵Vocalization and translation follows the parallel in Baba Batra, עולין instead of העלין “the leaves.” There, the three cases are explained. The farmer does not care what grows on a fallow field in crop rotation since everything will be ploughed under. If a field is being prepared for ploughing, aftergrowth will be removed as a matter of priority. In a vineyard, the owner will take out everything that could make his vineyard forbidden. on a fallow field, a field ready to be ploughed under, and a vineyard. He should have added, except for a field of fenugreek sown for the production of seeds! Rebbi Yose said, the words of Rebbi Joḥanan support me. It happened that somebody bought a garden plot of vegetables from a Gentile. He came and asked Rebbi Joḥanan⁸⁶What to do with the various garden vegetables growing together on the plot in violation of the laws of kilaim. R. Joḥanan told him that only the future growth is forbidden. Any possible profit from plants growing as kilaim is forbidden, but in this case, the buyer could sell the undesirable produce for the full market value., who said to him, go, harvest and sell at the going rate. Rebbi Abbahu objected before Rebbi Joḥanan: Did we not state: “or the threshing place on which many kinds are appearing?⁸⁷The objection is not really from this sentence but from the following, that if one starts to remove some of the growth, everything has to be treated as kilaim except for one (main) crop. How could R. Joḥanan declare all kinds of produce equally acceptable?” He said to him, that place proves that he does not want them to exist. Could he not have answered, the one is like robbery, the other is permitted with respect to robbery⁸⁸This is R. Yose’s argument, that R. Joḥanan would support his position. If taking grasses from the field of fenugreek were not a case of robbery, the situation here would be totally different since the garden plot certainly is protected by the laws of robbery against taking from it (not grasses, but valuable produce!)? How can you object based on a scenario where it is forbidden as robbery to a decision in a case which is permitted with respect to robbery? It is as Rebbi Immi said, they were rich in answers⁸⁹The argument of R. Yose is invalid; if there are several possible explanations, one is never required to give an exhaustive list of all possibilities; one satisfactory answer is enough.. Or it is as Rebbi Nasa said, like a person who has two reasons but he answers only with one of them.