Talmud Yerushalmi
Yerushalmi Peah 4:4 ירושלמי פאה ד׳:ד׳
Part of: Chapter 4
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משנה: נָכְרִי שֶׁקָּצַר אֶת שָׂדֵהוּ וְאַחַר כָּךְ נִתְגַּיֵיר פָּטוּר מִן הַלֶּקֶט וּמִן הַשִּׁכְחָה וּמִן הַפֵּיאָה. רִבִּי יְהוּדָה מְחַיֵיב בְּשִׁכְחָה שֶׁאֵין הַשִּׁכְחָה אֵלָּא בִשְׁעַת הָעִימּוּר.
MISHNAH: A Non-Jew who harvested his field and later converted is free from gleanings, forgotten sheaves, and peah71For peak and gleanings it is written: “At your harvesting,” and for the forgotten sheaf it says: “If you harvest your harvest,” and at the time of the harvest he still was an outsider.. Rebbi Jehudah obligates him for forgotten sheaves because that applies only at the time of binding the sheaves72To refrain from going back to collect a forgotten sheaf cannot apply as long as there are no sheaves. Hence, if the man converts between cutting the grain and binding the sheaves, the obligation comes to him as a Jew and he is bound by it..
MISHNAH: A Non-Jew who harvested his field and later converted is free from gleanings, forgotten sheaves, and peah71For peak and gleanings it is written: “At your harvesting,” and for the forgotten sheaf it says: “If you harvest your harvest,” and at the time of the harvest he still was an outsider.. Rebbi Jehudah obligates him for forgotten sheaves because that applies only at the time of binding the sheaves72To refrain from going back to collect a forgotten sheaf cannot apply as long as there are no sheaves. Hence, if the man converts between cutting the grain and binding the sheaves, the obligation comes to him as a Jew and he is bound by it..
הלכה: יְאוּת אָמַר רִבִּי יוּדָה מַה טַעֲמָא דְרַבָּנָן. רִבִּי יוֹסֵי בְשֵׁם רַב רִבִּי חִזְקִיָּה רַב יְהוּדָה בְשֵׁם שְׁמוּאֵל כְּתִיב וְשָׁכַחְתָּ עוֹמֶר בַּשָּׂדֶה וְשָׁכַחְתָּ קָמָה אֶת שֶׁיֵּשׁ לוֹ שִׁכְחַת קָמָה יֵשׁ לוֹ שִׁכְחַת עֳמָרִין. אֶת שֶׁאֵין לוֹ שִׁכְחַת קָמָה אֵין לוֹ שִׁכְחַת עֳמָרִין.
HALAKHAH: Rebbi Jehudah said it well, what is the reason of the Rabbis? Rebbi Yose in the name of Rav, Rebbi Ḥizqiah, Rav Jehudah in the name of Samuel: It is written (Deut. 24:19): “If you forget a sheaf on the field.” If you forget the standing grain73The verse reads: “If you cut your harvest on your field and then you forget a sheaf on the field, do not return to collect it.” The obligation attaches not to sheafmaking but to harvesting. The Sifri Debarim 282 reads: “‘Your harvest,’ except if it was cut by Gentiles. From that they said: A Non-Jew who harvested his field and later converted is free from gleanings, forgotten sheaves and peah. Rebbi Jehudah obliges him for forgotten sheaves because that applies only at the time of binding the sheaves.”. What applies to forgetting while it is standing also applies to forgetting sheaves, but what does not apply to forgetting while it is standing, does not apply to forgetting sheaves.
HALAKHAH: Rebbi Jehudah said it well, what is the reason of the Rabbis? Rebbi Yose in the name of Rav, Rebbi Ḥizqiah, Rav Jehudah in the name of Samuel: It is written (Deut. 24:19): “If you forget a sheaf on the field.” If you forget the standing grain73The verse reads: “If you cut your harvest on your field and then you forget a sheaf on the field, do not return to collect it.” The obligation attaches not to sheafmaking but to harvesting. The Sifri Debarim 282 reads: “‘Your harvest,’ except if it was cut by Gentiles. From that they said: A Non-Jew who harvested his field and later converted is free from gleanings, forgotten sheaves and peah. Rebbi Jehudah obliges him for forgotten sheaves because that applies only at the time of binding the sheaves.”. What applies to forgetting while it is standing also applies to forgetting sheaves, but what does not apply to forgetting while it is standing, does not apply to forgetting sheaves.
יִשְׂרָאֵל וְגוֹי שֶׁהָיוּ שׁוּתָפִין בְּקָמָה חֶלְקוֹ שֶׁל יִשְׂרָאֵל חַיָיב וְחֶלְקוֹ שֶׁל גּוֹי פָּטוּר. רִבִּי חִזְקִיָּה בְשֵׁם רַב יִרְמְיָה בִּמְחוּלֶּקֶת.
If a Jew and a Gentile were partners in the standing grain, the part of the Jew is obligated but the part of the Gentile is free. Rebbi Ḥizqiah in the name of Rav Jeremiah: If it was divided up75The parallel in Tosephta Peah2:9 reads: “If a Jew and a Gentile were partners in the standing grain, the part of the Jew is obligated but the part of the Gentile is free. Rebbi Ismael said: If a Jew and a Gentile were partners in standing grain, it is free from peah. When is that? Only if the Gentile has veto power; if the Gentile has no veto power then it is obligated for peah.” This means that if the Jew may harvest his part without getting the Gentile’s permission, it is not a partnership as far as harvest is concerned but only a partnership for the growing period; accordingly, it is totally the Jew’s harvest and is obligated. The Yerushalmi seems to apply the expression “when is that?” and the following to the beginning statement, not to the opinion of Rebbi Ismael..
If a Jew and a Gentile were partners in the standing grain, the part of the Jew is obligated but the part of the Gentile is free. Rebbi Ḥizqiah in the name of Rav Jeremiah: If it was divided up75The parallel in Tosephta Peah2:9 reads: “If a Jew and a Gentile were partners in the standing grain, the part of the Jew is obligated but the part of the Gentile is free. Rebbi Ismael said: If a Jew and a Gentile were partners in standing grain, it is free from peah. When is that? Only if the Gentile has veto power; if the Gentile has no veto power then it is obligated for peah.” This means that if the Jew may harvest his part without getting the Gentile’s permission, it is not a partnership as far as harvest is concerned but only a partnership for the growing period; accordingly, it is totally the Jew’s harvest and is obligated. The Yerushalmi seems to apply the expression “when is that?” and the following to the beginning statement, not to the opinion of Rebbi Ismael..