Yerushalmi Kilayim 7:4 ירושלמי כלאים ז׳:ד׳

MISHNAH: The rapist⁵⁹A robber who terrorizes the farmer and illegally uses his land. who sowed in a vineyard and it was taken from him⁶⁰Law enforcement returned the use of the land to its owners., one cuts it even during a holiday⁶¹The intermediate days of Passover or Tabernacles, when agricultural work is permitted only if its omission would cause great harm. In our case, one has to prevent the grain from growing in its owner’s possession to avoid sanctifying the vineyard.. How much does he have to give to the workers? Up to one third⁶²Since usually agricultural work cannot be done on the intermediate days of a holiday, the workers will know that the farmer is in a bind and raise their wage demands. The Halakhah will discuss what is meant by “a third” for the computation of the upper limit of wages the farmer must be ready to pay. If the workers overcharge, he may do without them and cut the grain after the holiday for regular wages.. More than that he cuts normally, even after the holiday. When is the property called the rapist’s? From the moment it is sunk⁶³If the name of the original owners disappears; if local people start referring to the property by the name of the person in possession who now becomes the owner (explanation of R. Simson). If the owner runs away for fear of the rapist (explanation of Maimonides)..

HALAKHAH: Rebbi Abba bar Jacob in the name of Rebbi Joḥanan: So is the Mishnah: One may harvest it even on a holiday⁶⁷One should not think that the Mishnah prescribes that the illegal grain must be harvested on a holiday if the field reverts to its rightful owner on a holiday. All that is stated is that one may harvest it because it looks badly (if the workers are not too expensive) even though nobody can sanctify anything that is not his and harvesting on the intermediate days of a holiday is forbidden (cf. Tosaphot Sukkah 30b)..

“How much does he have to give to the workers? Up to one third.” Rav Ḥuna and Rav Sheshet: One of them says, a third of the wages, the other says, a third of the value⁷⁰The value of the crop endangered by the rapist’s action..

“When is the property called the rapist’s? From the moment it is sunk⁶³If the name of the original owners disappears; if local people start referring to the property by the name of the person in possession who now becomes the owner (explanation of R. Simson). If the owner runs away for fear of the rapist (explanation of Maimonides)..” Rebbi Aḥa said: If the owners were forgotten but did not give up hope, the prohibition of the field is biblical⁷¹Since the Mishnah declares the property to be the rapist’s once the names of the original owners have been forgotten, he sows on his own and sanctifies the crop. But if the names of the original owners are still known, even if these have given up hope to recover the field through legal action, the rapist is not the owner and should not be able to sanctify anything that is not his. In that case, the prohibition has the status of a rabbinic fine.. If the owners did give up hope but they were not forgotten, the prohibition of the field is rabbinic. But can real estate be robbed⁷²Since real estate is documented, it always should be recoverable once law enforcement has been reestablished, cf. Peah Chapter 2, Note 132. In the opinion of the Babli, one may never legally give up hope on real estate, cf. Tosaphot Sukkah 30b. In Babylonia one never witnessed the prolonged abrogation of property rights by Jewish owners as in Palestine after the war of Bar Kokhba. ? Rebbi La said, even though real estate cannot be robbed, one can give up hope on real estate.