Talmud Yerushalmi
Yerushalmi Peah 6:8 ירושלמי פאה ו׳:ח׳
Part of: Chapter 6
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משנה: הַקּוֹצֵר בַּלַּיְלָה וְהַמְעַמֵּר וְהַסּוּמָא יֵש לוֹ שִׁכְחָה. וְאִם הָיָה מִתְכַּוֵּן לִיטּוֹל אֶת הַגַּס הַגַּס אֵין לוֹ שִׁכְחָה. אִם אָמַר הֲרֵי אֲנִי קוֹצֵר עַל מְנָת מַה שֶׁאֲנִי שֹׁכֵחַ אֲנִי לוֹקֵחַ יֵשׁ לוֹ שִׁכְחָה.
MISHNAH: He who harvests at night or removes the stacks, or a blind person155All of whom are likely to miss some standing produce or some sheaves., are subject to the law of forgotten sheaves. But if he156The one who harvested or removed the sheaves at night, and the blind (Maimonides Mattenot Aniïm 5:8). intended only to take the large pieces, he is not subject to the law of forgotten sheaves. If he said: “I harvest on the understanding that I shall take what I might forget,” he is subject to the law of forgotten sheaves.
MISHNAH: He who harvests at night or removes the stacks, or a blind person155All of whom are likely to miss some standing produce or some sheaves., are subject to the law of forgotten sheaves. But if he156The one who harvested or removed the sheaves at night, and the blind (Maimonides Mattenot Aniïm 5:8). intended only to take the large pieces, he is not subject to the law of forgotten sheaves. If he said: “I harvest on the understanding that I shall take what I might forget,” he is subject to the law of forgotten sheaves.
הלכה: כֵּינִי מַתְנִיתָא הַקּוֹצֵר בַּלַּיְלָה וְהַמְעַמֵּר בַּלַּיְלָה סוּמָא בֵּין בַּיּוֹם בֵּין בַּלַּיְלָה.
HALAKHAH: So is the Mishnah: He who harvests at night or removes the stacks at night, or a blind person day or night.
HALAKHAH: So is the Mishnah: He who harvests at night or removes the stacks at night, or a blind person day or night.
אָמַר רִבִּי יוֹנָה לֹא סוֹף דָּבָר גַּסִּין אֶלָּא דַקִּין וְכִי מֵאַחַר שֶׁדַּרְכוֹ לִבְחוֹן בְּגַסִּין אֲפִילוּ דַקִּין אֵין לָהֶן שִׁכְחָה.
Rebbi Jonah said157He refers to the second sentence in the Mishnah., not only for the large pieces, but also for the thin pieces. Since he is going to check for the large ones, the thin ones likewise are not subject to the law of forgotten sheaves.
Rebbi Jonah said157He refers to the second sentence in the Mishnah., not only for the large pieces, but also for the thin pieces. Since he is going to check for the large ones, the thin ones likewise are not subject to the law of forgotten sheaves.
אָמַר הֲרֵינִי קוֹצֵר עַל מְנָת מַה שֶׁאֲנִי שׁוֹכֵחַ אֲנִי אֶטּוֹל יֵשׁ לוֹ שִׁכְחָה שֶׁהִתְנָה עַל מַה שֶׁכָּתוּב בַּתּוֹרָה וְכָל הַמַּתְנֶה עַל מַה שֶׁכָּתוּב בַּתּוֹרָה תְּנָאוֹ בָטֵל.
If he said: “I harvest on the undertanding that I shall take what I might forget,” he is subject to the law of forgotten sheaves, since he made a condition158Not a condition in the legal sense, since a legal condition needs a positive and a negative and he cannot say, “if I cannot take everything then what I harvest shall not be harvested.” Probably, “condition” should be read as “understanding.” against what is written in the Torah, and if anybody makes a condition against what is written in the Torah, his condition is invalid159Except in the matter of civil contracts..
If he said: “I harvest on the undertanding that I shall take what I might forget,” he is subject to the law of forgotten sheaves, since he made a condition158Not a condition in the legal sense, since a legal condition needs a positive and a negative and he cannot say, “if I cannot take everything then what I harvest shall not be harvested.” Probably, “condition” should be read as “understanding.” against what is written in the Torah, and if anybody makes a condition against what is written in the Torah, his condition is invalid159Except in the matter of civil contracts..