Yerushalmi Peah 6:7 ירושלמי פאה ו׳:ז׳

MISHNAH: Grain cut for animal feed¹⁴⁵Cut as fodder (in contrast to grain cut for human consumption but used as fodder) means that it was cut green. In the same way, grain cut to bind sheaves must still have flexible stalks; it cannot be dry and does not qualify as “harvest.” or to bind sheaves, and similarly garlic used to bind¹⁴⁶Garlic leaves used to bind bundles of garlic or onions. as well as bundles of garlic and onions¹⁴⁷Onions and garlic are bound or plaited in small bundles for later use but these are then bound together in large bunches for transport. The small bundles are not made for transport to storage and by Mishnah 5:7 do not fall under the law of the forgotten sheaf. are not subject to “forgotten sheaves.” Anything hidden in the ground¹⁴⁸Plants whose edible part, or main part, is the one hidden in the ground., such as luf¹⁴⁹In classical Arabic, לוּף means serpentary, snake weed, Arum Dracunculus L., a plant with a large bulb. This is the identification given by Arukh, based on a Gaonic source. Maimonides (Commentary on the Mishnah) declares it “doubtless to be a kind of onion.” Rashi (Shabbat 126b) declares it to be a kind of legume. The determination by Arukh must be accepted. (In modern Arabic, לוּף liffa is Luffa cylindrica Roem, dishcloth gourd, which is inedible.), garlic, and onions, Rebbi Jehudah says, they are not subject to “forgotten sheaves”, but the Sages say, they are subject to “forgotten sheaves.”

HALAKHAH: Rebbi Jonah said¹⁵⁰At the moment the decision is made to use certain produce as fodder, not for human consumption, it becomes exempt from the law of the forgotten sheaf., not only if he gave it but even if he took it with the intention of giving it.

There¹⁵¹The discussion is paralleled in Baba Qama 6:5 in a different formulation. we have stated: “If someone sets fire to a stack in which were hidden vessels, Rebbi Jehudah says, he pays for all that was in it. But the Sages say, he only pays for a stack of wheat or barley¹⁵²Both Babli and Yerushalmi are agreed that the Mishnah refers only to a man who lights a legal fire on his own field and it burns out of control. But an arsonist has to pay for everything under any circumstance. The Babli (Baba Qama 61b) states that the Sages agree that whoever started the fire is responsible for agricultural implements usually hidden in stacks. Hence, in the opinion of the Babli but not the Yerushalmi, the Sages free him only from the responsibility for unexpected losses..” The argument of Rebbi Jehudah is inverted; there he says to include the hidden things, but here he says to exclude the hidden things. There (Ex. 22:5) “and a¹⁵³This is the Biblical text, not “the stack” as given here. “If fire gets out of control and a stack, or the standing grain, or the field is consumed, the person who caused the fire should certainly pay.” stack or standing grain was consumed.” I understand that since it says “standing grain” it includes a stack. Why does the verse add “a stack?” In order to include the hidden things. But here (Deut. 24:10) “your field,” in the open, to exclude anything hidden. The argument of the rabbis is inverted; there they say to exclude the hidden things, but here they say to include the hidden things. There, “or standing grain or a field,” just as a field is in the open, so all must be in the open. But here, “your field,” in the open, to exclude that which is hidden; “your harvest,” in the open, to exclude that which is hidden. That is a restriction after a restriction and every restriction after a restriction is only¹⁵⁴There is an אלא missing in the text or the אין is superfluous (Yebamot12:1). The principle that a restriction after a restriction is an extension is universally accepted in both Talmudim; in Horaiot 1:1 it is generalized to the statement that any sequence of restrictions of an even number of elements is an extension; for an odd number of elements it is a restriction. to add the hidden things.