Yerushalmi Sheviit 9:4 ירושלמי שביעית ט׳:ד׳

MISHNAH: He who preserves three kinds⁷⁹Three different kinds of Sabbatical produce are preserved by pickling or cooking, and all three kinds are subject to removal. in one barrel, Rebbi Eliezer says one eats because of the first kind⁸⁰Only as long as all three kinds may be kept. According to R. Joshua, one may keep all three as long as one of them may be kept., but Rebbi Joshua says, even because of the last. Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house⁸¹In most Mishnah mss., מן החבית “from the barrel”. But the reading of the Leyden ms. and Venice print is supported by מלאכת שלמה as the correct text. Also, most Mishnah mss. add: “and practice follows him.”. Rebbi Simeon says, all vegetables are one kind for removal; one eats purslain until there are no more sindiot⁸²Maimonides declares not to be able to determine this kind of vegetable. The mss. in the Maimonides tradition read סנריות, explained by Arukh as “artichokes” (which, however, in talmudic sources is קינדא.) R. Abraham ben David reads סנדיות in Sifra Behar Pereq 3, but gives no explanation. The Munich ms. of the Babli has הנידיות which Levy reads as הנדיות “vetch”. Cf. Arabic סִנדִיָאן “holm oak, ilex”. in the Bet Neṭofa valley.

HALAKHAH: What is the reason of Rebbi Eliezer? The first kind gives taste to the last. What is the reason of Rebbi Joshua? The last kind gives taste to the first. It is difficult for Rebbi Joshua, does not the first kind gives taste to the last? “Rabban Gamliel says, anything whose kind has disappeared from the fields must be removed from the house.”⁸³Rebbis Eliezer and Joshua consider taste an essential element for Sabbatical removal, R. Eliezer for restriction and R. Joshua for leniency. But Rabban Gamliel considers taste irrelevant; as long as the different kinds are recognizable, each one has its own time for removal. It was stated: Practice follows his words⁸⁴This confirms that the Galilean version of the Mishnah did not have this clause..

Ḥizqiah said, once he started with his storage it is as if removed⁸⁵It is forbidden to eat one’s Sabbatical produce after the time of removal. It is permitted to eat Sabbatical produce after the removal (Mishnah 8) if it is not one’s property. Ḥizqiah, of the first generation of Amoraïm, notes that if Sabbatical produce is removed from storage, it might be considered removed and the owners then can acquire property rights again and continue eating the produce. The teachers of the following generations do agree that the economic situation of the times required a device by which to avoid the consequences of removal but they are opposed to the informality of Ḥizqiah’s approach and require a formal declaration of abandonment. They therefore counsel to abandon the property in such a way that no other person has the opportunity to take the produce before its previous owners could repossess it. Cf. Tosafot Pesaḥim 52b, s. v. מתבערין.. A case came before Rebbi Assi and he instructed following Ḥizqiah, not that I am agreeing with him but since we see that the rabbis do act following him. Rebbi Isaac bar Redifah⁸⁶A student of Rebbi Ammi, who must have known of R. Ammi’s hesitation in the matter. The question must have arisen after R. Ammi’s death. had a case, he came before Rebbi Jeremiah who said to him, there are lions before you, why do you ask foxes? He went and asked Rebbi Joshia who said to him, look for three people who love you and declare it abandoned before them. The Kappadokians⁸⁷The Rome ms. has קפודאי “the amiss-takers”; this might be the better reading. of Sepphoris asked Rebbi Ammi: Since we have nobody who loves us or even greets us, what should we do? He said to them, when you see that [the market is] clear from steps, bring it out to the market, declare it abandoned, and acquire it again.

Rebbi Ḥaggai distributed it pitcher by pitcher. Rebbi Eleazar distributed it pitcher by pitcher⁸⁸These two rabbis did not want to avail themselves of the subterfuge to avoid distributing their Sabbatical wine.. Rebbi Ḥizqiah came to Rebbi Jeremiah and said to him, let me acquire that storage. He said to him, bind these coins together; then he said to him, for these the place is rented to me. He said to him, did you not take it out? Go back and acquire it⁸⁹R. Ḥizqiah asked R. Jeremiah to help him legally to keep the Sabbatical produce he had in his barn. R. Jeremiah took some coins, gave them to R. Ḥizqiah and told him to acquire them by tying them together, as rental payment of the barn. Then he told him, since he had already declared the produce as abandoned property, he could take it back without actually removing it since it was now stored in R. Jeremiah’s domain. It may be assumed that at the end of the transaction, R. Jeremiah got his coins back. {Explanation combined from the commentaries of R. Eliahu Fulda and R. J. I. Kanievski.}!