ג׳
א׳עֲבוֹדַת הָאָרֶץ בְּשָׁנָה שִׁשִּׁית שְׁלֹשִׁים יוֹם סָמוּךְ לַשְּׁבִיעִית אֲסוּרָה הֲלָכָה לְמשֶׁה מִסִּינַי. מִפְּנֵי שֶׁהוּא מְתַקְּנָהּ לַשְּׁבִיעִית. וְדָבָר זֶה בִּזְמַן שֶׁבֵּית הַמִּקְדָּשׁ קַיָּם הוּא שֶׁנֶּאֱסַר מִפִּי הַשְּׁמוּעָה. וְגָזְרוּ חֲכָמִים שֶׁלֹּא יִהְיוּ חוֹרְשִׁים שְׂדֵה הָאִילָן עֶרֶב שְׁבִיעִית בִּזְמַן הַמִּקְדָּשׁ אֶלָּא עַד הָעֲצֶרֶת. וּשְׂדֵה הַלָּבָן עַד הַפָּסַח. וּבַזְּמַן שֶׁאֵין מִקְדָּשׁ מֻתָּרִין בַּעֲבוֹדַת הָאָרֶץ עַד רֹאשׁ הַשָּׁנָה כְּדִין תּוֹרָה:
1It is a halachah conveyed to Moses at Sinai1I.e., a tradition conveyed by the Oral Law, for which there is no explicit reference in the Written Law. that it is forbidden to work the land2The Rabbis debate whether this prohibition applies to work with the land alone or also to work with trees. See Halachah 9 and notes. in the last 30 days of the sixth year, just before the Sabbatical year, because one is preparing for the Sabbatical year. This concept - i.e., the prohibition [to work the land] established by tradition - applies in the era of the Temple [alone]. Our Sages [extended that prohibition], decreeing that one should not plow an orchard in the year preceding the Sabbatical year in the era of the Temple after Shavuot, nor a field of grain after Pesach. In the era where the Temple does not stand, we are permitted to perform agricultural work until Rosh HaShanah, as [permitted by] Scriptural Law.3In his Commentary to the Mishnah (Sh'vi'it 1:1), the Rambam explains that Rabban Gamliel released this prohibition after the destruction of the Temple, because he maintained that the prohibition applied only when the Temple was standing.
ב׳אֵי זוֹ הִיא שְׂדֵה הָאִילָן. כָּל שְׁלֹשָׁה אִילָנוֹת לְבֵית סְאָה. אֶחָד אִילַן סְרָק וְאַחַד אִילַן מַאֲכָל וַאֲפִלּוּ הֵן שֶׁל שְׁלֹשָׁה אֲנָשִׁים רוֹאִין אוֹתָן כְּאִלּוּ הֵם תְּאֵנִים. אִם רְאוּיִין לַעֲשׂוֹת כִּכַּר דְּבֵלָה שֶׁל שִׁשִּׁים מָנֶה חוֹרְשִׁין כָּל בֵּית סְאָה בִּשְׁבִילָם. וְהוּא שֶׁיִּהְיֶה רָחוֹק בֵּין כָּל אֶחָד וְאֶחָד כְּדֵי שֶׁיִּהְיֶה הַבָּקָר יָכוֹל לַעֲבֹר בְּכֵלָיו:
2What is meant by an orchard?4Which is allowed to be plowed until Shavuot. Any place where there are three trees in an area large enough to sow a se'ah of grain.5I.e., 50 cubits by 50 cubits. Whether these are fruit-bearing trees or not and even when they belong to three different people, we consider them as if they were fig trees.6I.e., we estimate whether a fig tree with dimensions similar to this tree would produce 60 maneh of figs. If they were fit to produce a mass of dried figs of a weight of 60 maneh,7A maneh is one pound in contemporary measure (Shiurei Torah, p. 118). Rav Kehati (Sh'vi'it 1:2) considers it to be 400 grams, a slightly smaller measure. we may plow the entire field because of them. [This applies] provided there is sufficient distance between them that cattle can pass through together with their implements.8Our Sages determined this to be four cubits. The rationale is that if they are grouped closer together the cattle will uproot them when trying to pass. See Bava Batra 83a.
ג׳הָיוּ פָּחוֹת מִשְּׁלֹשָׁה לְבֵית סְאָה. אוֹ שֶׁהָיוּ שְׁלֹשָׁה וְאֶחָד רָאוּי לַעֲשׂוֹת שִׁשִּׁים מָנֶה אוֹ יֶתֶר וְהַשְּׁנַיִם אֵינָן רְאוּיִין לַעֲשׂוֹת. אוֹ שְׁנַיִם רְאוּיִין לַעֲשׂוֹת אֲפִלּוּ מֵאָה מָנֶה וְאֶחָד אֵינוֹ עוֹשֶׂה. אֵין חוֹרְשִׁין לָהֶן אֶלָּא לְצָרְכָּם וְהוּא מְלֹא הָאוֹרֶה וְסַלּוֹ חוּצָה לוֹ:
3[Different laws apply] if there were less than three trees in an area fit to sow a se'ah or there were three, but [only] one was fit to produce 60 maneh or more and the other two were not fit to produce [a significant amount]9Although the one tree produced the amount required of the entire orchard, since the other trees are not fit to produce any produce at all, they are not considered significant. or there were two fit to produce even 100 maneh and one is not fit to produce [a significant amount]. We may plow only the portion of the field necessary for [these trees], i.e., [an area whose radius is the space in which could stand] a person picking figs together with his basket.
ד׳הָיוּ מִשְׁלֹשָׁה וְעַד תִּשְׁעָה וּרְאוּיִין לַעֲשׂוֹת שִׁשִּׁים מָנֶה חוֹרְשִׁין כָּל בֵּית סְאָה בִּשְׁבִילָן וְאַף עַל פִּי שֶׁיֵּשׁ בָּהֶם מִי שֶׁאֵינוֹ רָאוּי לַעֲשׂוֹת:
4If there were between three and nine trees and they were fit to produce 60 maneh, we may plow the entire field for their sake, even though there are some trees that are not fit to produce [a significant quantity of] fruit.10The Rambam interprets this as referring to a situation where all the trees together are fit to produce 60 maneh, although some individual trees are not fit to produce a significant amount. The Ra'avad offers a different interpretation of Sh'vi'it 1:3, the Rambam's source. Rabbenu Shimshon also interprets the mishnah in that manner and the Radbaz and the Kessef Mishneh agree that, at first glance, their interpretation fits the wording of the mishnah more easily than the Rambam's.
ה׳הָיוּ עֲשָׂרָה אִילָנוֹת לְתוֹךְ בֵּית סְאָה אוֹ יֶתֶר בֵּין עוֹשִׂין בֵּין אֵינָם עוֹשִׂין חוֹרְשִׁין כָּל בֵּית סְאָה בִּשְׁבִילָן. עֶשֶׂר נְטִיעוֹת מְפֻזָּרוֹת לְתוֹךְ בֵּית סְאָה חוֹרְשִׁין כָּל בֵּית סְאָה בִּשְׁבִילָן עַד רֹאשׁ הַשָּׁנָה וְדָבָר זֶה הֲלָכָה לְמשֶׁה מִסִּינַי:
5When there are ten or more trees in an area fit to sow a se'ah, whether they are fit to produce [the above quantity of fruit] or not, we may plow the entire area for their sake [until Shavuot].11For even if they are not fit to produce fruit, such a large amount of trees is significant. If there were ten plantings12Saplings that were recently planted [the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6)]. See also Halachah 7. spread out13Since they are saplings, they do not derive nurture from as wide an area as mature trees with longer roots do. Hence unless the saplings are spread out, this leniency is not granted (Radbaz). in an area fit to sow a se'ah, we may plow the entire area for their sake until Rosh HaShanah.14More leniency is granted with regard to the saplings, because they need greater care (ibid.). This is a halachah conveyed to Moses at Sinai.
ו׳הָיוּ עֲשׂוּיוֹת שׁוּרָה אַחַת (אוֹ) מֻקָּפוֹת עֲטָרָה אֵין חוֹרְשִׁין לָהֶן אֶלָּא צָרְכָּן לְכָל אֶחָד וְאֶחָד. וְהַדִּלּוּעִין עִם הַנְּטִיעוֹת מִצְטָרְפוֹת לַעֲשָׂרָה:
6If [the plantings] were planted in a row or in a semi-circle,15Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6). we may only plow what is necessary for each of their needs.16For they will not derive nurture from the entire field and it would appear that one is plowing the field for its own sake (Radbaz, Kessef Mishneh). If there are squash plants together with the plantings, they can be counted in the sum of ten [plantings].17In his Commentary to the Mishnah (ibid.:7), the Rambam quotes the Jerusalem Talmud which states that this applies only to a Greek squash plant which is large like a tree. The Radbaz states that the majority of the ten must be saplings.
ז׳אֵי זוֹ הִיא נְטִיעָה זֶה הָאִילָן הַקָּטָן כָּל זְמַן שֶׁקּוֹרְאִין לוֹ נְטִיעָה:
7What is meant by a planting? A sapling for as long as it is called a planting.18This is Rabbi Akiva's opinion in (Sh'vi'it 1:8). Others maintain it is given that status until three years (or seven) years have passed.
ח׳אִילָן שֶׁנִּקְצַץ וְהוֹצִיא חֲלִיפִין אִם נִקְצַץ מִטֶּפַח וּלְמַעְלָה הֲרֵי הוּא כְּאִילָן. מִטֶּפַח וּלְמַטָּה הֲרֵי הוּא כִּנְטִיעָה:
8[The following rules apply when] a tree was cut off and a new tree grew from its stump. If it was cut off a handbreadth or more above the ground, it is considered as a tree. If it was cut off lower than a handbreadth, it is considered as a planting.19In his Commentary to the Mishnah (ibid.), the Rambam states that this view is accepted, because it is supported by a Tosefta. The commentaries have questioned which Tosefta the Rambam is referring to.The Rambam's ruling has also attracted attention, because it appears to contradict his ruling in Hilchot Ma'aser Sheni 10:13 which states: "When a tree was cut down from above the earth and [a new tree grew from its roots], the prohibition of orlah applies." The implication there is that as long as the stump of the tree is above the earth, the laws of orlah do not apply. Only when it is cut down from below the earth is it considered like a new tree. Here, by contrast, even a handbreadth above the ground is considered as an existing tree.The rationale for the distinction can be explained as follows: In this context, we follow the figures of speech employed by people at large. As long as the stump is within a handbreadth of the ground, people will consider any new growth as a new entity. When, by contrast, the stump is more than a handbreadth, it is significant and any new growth is considered as an extension of the existing plant (Rav Yosef Korcus).
ט׳וְכָל הַדְּבָרִים הָאֵלּוּ בִּזְמַן הַמִּקְדָּשׁ כְּמוֹ שֶׁאָמַרְנוּ. אֲבָל בַּזְּמַן הַזֶּה מֻתָּרִין בַּעֲבוֹדַת הָאָרֶץ עַד רֹאשׁ הַשָּׁנָה. אַף בִּזְמַן הַמִּקְדָּשׁ מֻתָּר לְסַקֵּל וּלְזַבֵּל הַשָּׂדוֹת וְלַעֲדֹר הַמִּקְשָׁאוֹת וְהַמִּדְלָעוֹת וּבֵית הַשְּׁלָחִין עַד רֹאשׁ הַשָּׁנָה. וּמְזַבְּלִין וּמְפָרְקִין וּמְאַבְּקִין וּמְעַשְּׁנִין וּמְקַרְסְמִין וּמְזָרְדִין וּמְפַסְּלִין וּמְזַהֲמִין אֶת הַנְּטִיעוֹת וְכוֹרְכִין וְקוֹטְמִין אוֹתָן. וְעוֹשִׂין לָהֶם בָּתִּים וּמַשְׁקִין אוֹתָם. וְסָכִין אֶת הַפַּגִּין. וּמְנַקְּבִין אוֹתָן. כָּל עֲבוֹדוֹת אֵלּוּ מֻתָּרוֹת בְּעֶרֶב שְׁבִיעִית עַד רֹאשׁ הַשָּׁנָה שֶׁל שְׁבִיעִית וַאֲפִלּוּ בִּזְמַן הַמִּקְדָּשׁ:
9All of the above applies in the era of the Temple, as we stated.20Halachah 1. In the present era, by contrast, we are permitted to work the land until Rosh HaShanah. [Moreover,] even in the era of the Temple, it is permitted to remove stones from fields and fertilize them21These and the following activities are forbidden in the Sabbitical year itself only by virtue of Rabbinic decree. Our Sages were not overly stringent and did not enforce these prohibitions in the months preceding the Sabbatical year. and to hoe22For hoeing is not plowing. in zucchini and squash gardens23Our translation for these and the following terms are derived from the Rambam's Commentary to the Mishnah (Sh'vi'it 2:1-5). Many of the activities mentioned were described in Chapter 1, Halachah 5, and notes.The Tosafot Yom Tov (Sh'vi'it 2:2) explains that this leniency was granted in gardens where these plants grow and not in fields at large, because in the instance of these plants, the hoeing benefits the plants directly and not merely the field. and in parched land until Rosh HaShanah. Similarly, one may fertilize saplings,24The first clause dealt with work with the land that is permitted in the latter months of the sixth year. This clause mentions work with trees. From this halachah it appears that the prohibition conveyed as a halachah to Moses at Sinai mentioned in Halachah 1 does not apply to work with trees. remove dried leaves and branches from them, apply dust to them, smoke under them, rip off stalks, trim their far-spreading branches, and apply foul-smelling matter to them. We may wrap their branches, trim them, make shelters around them,25To protect them from rain or sun. place water upon them, apply oil to the unripened fruit and perforate them. All of these tasks are permitted in the year preceding the Sabbatical year until Rosh HaShanah of the Sabbatical year even in the era of the Temple.
י׳פַּגֵּי עֶרֶב שְׁבִיעִית שֶׁנִּכְנְסוּ לִשְׁבִיעִית וְשֶׁל שְׁבִיעִית שֶׁיָּצְאוּ לְמוֹצָאֵי שְׁבִיעִית לֹא סָכִין וְלֹא מְנַקְּבִין. וּבִזְמַן הַמִּקְדָּשׁ אֵין בּוֹנִין מַדְרֵגוֹת עַל פִּי הַגֵּאָיוֹת עֶרֶב שְׁבִיעִית מִשֶּׁיִּפָּסְקוּ הַגְּשָׁמִים. מִפְּנֵי שֶׁהוּא מְתַקְּנָן לַשְּׁבִיעִית:
10When unripened fruit from the sixth year enter the Sabbatical year or such fruit from the Sabbatical year enter the eighth year, we may not26Note Rav Kappach's edition of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:5) which states that the text of that source also reflects this ruling. (He maintains that there is a printing error in the standard published text of that source. According to his view, the Rambam did not reverse his opinion regarding this law as some maintain.) apply oil to them or perforate them.27Even though the fruit reaches a third of its growth before the Sabbatical year begins or does not reach that point of growth until after the the Sabbatical year ends, this restriction is still applied, because of the impression the performance of these tasks will create. In the era of the Temple, one may not build steps at the entrance to valleys in the sixth year after the rains cease, because he is preparing for the seventh year.28I.e., it might appear that the steps are being built so that a person will be able to descend and irrigate his fields in the valley in the Sabbatical year.
י״אאַף בַּזְּמַן הַזֶּה אֵין נוֹטְעִין אִילָנוֹת וְאֵין מַרְכִּיבִין וְאֵין מַבְרִיכִין עֶרֶב שְׁבִיעִית אֶלָּא כְּדֵי שֶׁתִּקְלֹט הַנְּטִיעָה וְתִשְׁהֶה אַחַר הַקְּלִיטָה שְׁלֹשִׁים יוֹם קֹדֶם רֹאשׁ הַשָּׁנָה שֶׁל שְׁבִיעִית. וּסְתָם קְלִיטָה שְׁתֵּי שַׁבָּתוֹת. וְדָבָר זֶה אָסוּר לְעוֹלָם מִפְּנֵי מַרְאִית הָעַיִן שֶׁמָּא יֹאמַר הָרוֹאֶה בַּשְּׁבִיעִית נִטְּעוּ. נִמְצֵאתָ אוֹמֵר שֶׁהַנּוֹטֵעַ אוֹ הַמַּבְרִיךְ אוֹ הַמַּרְכִּיב עֶרֶב שְׁבִיעִית קֹדֶם רֹאשׁ הַשָּׁנָה בְּמ"ד יוֹם יְקַיֵּם. פָּחוֹת מִכֵּן יַעֲקֹר. וְאִם לֹא עָקַר הַפֵּרוֹת מֻתָּרִין. וְאִם מֵת קֹדֶם שֶׁיַּעֲקֹר מְחַיְּבִין אֶת הַיּוֹרֵשׁ לַעֲקֹר:
11Even in the present age, we may not plant trees, graft trees, or extend vines29I.e., replant the head of a vine or the trunk of a tree in the ground so that it will develop new roots and another source of nurture. Thus new growths will emerge from it [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:6)]. in the sixth year unless there is time for the planting to become rooted30Our translation is taken from the above source. and remain after taking root thirty days before Rosh HaShanah of the Sabbatical year. Usually, it takes two weeks [for a plant] to take root.This is forbidden at all times, because of the impression that might be created, lest an observer think that they were planted in the Sabbatical year.31Rabbi Akiva Eiger explains the basis for such a supposition. If the tree is not planted before 44 days preceding the new year, we count the beginning of its orlah years from Rosh HaShanah (Hilchot Ma'aser Sheni 9:10). Thus it will be considered halachically as if the tree was planted in the Sabbatical year. Thus if a person planted, grafted, or extended [a tree or vine] in the sixth year, 44 days before Rosh HaShanah, he is allowed to maintain it. If he did so for a lesser time, he must uproot it. If he did not uproot it, however, the fruit it produces is permitted. If he dies before he uprooted it, we obligate the heir to uproot it.32I.e., the heir must also help prevent the misimpression from being created. For this reason, the leniency shown in Chapter 1, Halachah 13, is not shown here.
ד׳
א׳כָּל שֶׁתּוֹצִיא הָאָרֶץ בְּשָׁנָה שְׁבִיעִית. בֵּין מִן הַזֶּרַע שֶׁנָּפַל בָּהּ מִקֹּדֶם שְׁבִיעִית. בֵּין מִן הָעִקָּרִים שֶׁנִּקְצְרוּ מִקֹּדֶם וְחָזְרוּ וְעָשׂוּ וּשְׁנֵיהֶם נִקְרְאוּ סָפִיחַ. בֵּין מִן הָעֲשָׂבִים וְהַיְרָקוֹת שֶׁעָלוּ מֵאֲלֵיהֶן וְאֵין לָהֶן זֶרַע. הַכּל מֻתָּר לְאָכְלוֹ מִן הַתּוֹרָה שֶׁנֶּאֱמַר (ויקרא כה ו) "וְהָיְתָה שַׁבַּת הָאָרֶץ לָכֶם לְאָכְלָה". וַאֲפִלּוּ שָׂדֶה שֶׁנִּטַּיְבָּה בַּשְּׁבִיעִית וְצָמְחָה פֵּרוֹתֶיהָ מֻתָּרִין בַּאֲכִילָה. וְזֶה שֶׁנֶּאֱמַר (ויקרא כה ה) "אֵת סְפִיחַ קְצִירְךָ לֹא תִקְצוֹר" שֶׁלֹּא יִקְצֹר כְּדֶרֶךְ שֶׁקּוֹצֵר בְּכָל שָׁנָה. וְאִם קָצַר כְּדֶרֶךְ הַקּוֹצְרִין לוֹקֶה. כְּגוֹן שֶׁקָּצַר כָּל הַשָּׂדֶה וְהֶעֱמִיד כְּרִי וְדָשׁ בַּבָּקָר. אוֹ שֶׁקָּצַר לַעֲבוֹדַת הָאָרֶץ כְּמוֹ שֶּׁבֵּאַרְנוּ. אֶלָּא קוֹצֵר מְעַט מְעַט וְחוֹבֵט וְאוֹכֵל:
1All produce that grows from the earth1As opposed to fruit; see Halachah 3. in the Sabbatical year:2As indicated by Halachah 9, this refers to produce that reached the stage of growth that obligates the separation of tithes - i.e., one third of its growth - after Rosh HaShanah of the Sabbatical year. If the produce reached this stage of growth beforehand, it is permitted to be harvested in the Sabbatical year. whether it grew from seeds that fell into the earth before the Sabbatical year, it grew from roots whose plants were harvested previously, but nevertheless grew again - in both instances [such produce] is referred to with the term safiach3This term is generally translated as "aftergrowth." - or grasses and vegetables that grew on their own accord [in the Sabbatical year], is permitted to be eaten according to Scriptural Law,4There is an opinion that such produce is forbidden according to Scriptural Law, but the Rambam's view follows the opinion of Menachot 5b. as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours to eat." Even when a field was plowed thoroughly5Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 4:2, based on the Jerusalem Talmud). in the Sabbatical year, and produce grew in it, that produce is permitted to be eaten. The statement [ibid.:] "Do not reap the aftergrowth of your harvest" means that one should not reap it in the same manner as one does every year.6Sefer HaMitzvot (negative commandment 222) and Sefer HaChinuch (mitzvah 328) includes this commandment among the 613 mitzvot of the Torah. If one reaps it according to the ordinary manner, he is worthy of lashes. For example, he harvested the entire field, set up a grain heap, and threshed it with cattle or harvested it for the sake of tilling the land as we explained.7I.e., harvesting produce will enable the land to generate better produce in the future. This apparently is the intent of Chapter 1, Halachah 1. Instead, he should reap it little by little, beat it,8To separate the grain from the chaff. and partake of it.
ב׳וּמִדִּבְרֵי סוֹפְרִים שֶׁיִּהְיוּ כָּל הַסְּפִיחִים אֲסוּרִין בַּאֲכִילָה. וְלָמָּה גָּזְרוּ עֲלֵיהֶם מִפְּנֵי עוֹבְרֵי עֲבֵרָה. שֶׁלֹּא יֵלֵךְ וְיִזְרַע תְּבוּאָה וְקִטְנִיּוֹת וְזֵרְעוֹנֵי גִּנָּה בְּתוֹךְ שָׂדֵהוּ בַּסֵּתֶר. וּכְשֶׁיִּצְמַח יֹאכַל מֵהֶם וְיֹאמַר סְפִיחִים הֵן. לְפִיכָךְ אָסְרוּ כָּל הַסְּפִיחִים הַצּוֹמְחִים בַּשְּׁבִיעִית:
2According to Rabbinic decree, all the sifichim are forbidden to be eaten. Why was a decree established concerning them? Because of the transgressors, so that they could not go and sow grain, beans, and garden vegetables in one's field discretely and when they grow, partake of them, saying that they are sifichim. Therefore the Sages prohibited all the sifichim that grow in the Sabbatical year.
ג׳הָא לָמַדְתָּ שֶׁאֵין אוֹכְלִין מִפֵּרוֹת שְׁבִיעִית אֶלָּא פֵּרוֹת הָאִילָנוֹת וְהָעֲשָׂבִים שֶׁאֵין זוֹרְעִין אוֹתָם רֹב הָאָדָם כְּגוֹן הַפֵּיגַם וְהַיַּרְבּוּזִין הַשּׁוֹטִים וְכָל כַּיּוֹצֵא בָּהֶן. אֲבָל הַיְרָקוֹת שֶׁדֶּרֶךְ רֹב הָאָדָם לְזָרְעָם בַּגִּנּוֹת וּמִינֵי תְּבוּאָה וְקִטְנִיּוֹת כָּל הַצּוֹמֵחַ מֵהֶן אָסוּר מִדִּבְרֵיהֶם. וְהַמְלַקְּטָן מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת:
3Thus we have learned that the only produce of the Sabbatical year of which one may partake are fruit from trees9For fruit will grow from trees without any effort on man's part. and herbs that are not sown by most people,10Since they are not sown by most people, there is no reason to forbid them from being reaped in the Sabbatical year, for it is unlikely that anyone would plant them. e.g., rue, amaranth,11Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1). and the like. With regard to vegetables that most people sow in their gardens and species of grains and beans, by contrast, anything that grows from these species is forbidden according to Rabbinic decree. One who gathers them12The Radbaz questions the Rambam's statement, for seemingly, the Rabbinic decree was against eating, not gathering. He, however, states that from the Jerusalem Talmud (Sh'vi'it 9:1), it would appear that the decree also included gathering the aftergrowth. is liable for stripes for rebellious conduct.
ד׳סְפִיחִים הָעוֹלִים בִּשְׂדֵה בּוּר וּבִשְׂדֵה נִיר וּבִשְׂדֵה כֶּרֶם וּבִשְׂדֵה זֶרַע מֻתָּרִין בַּאֲכִילָה. וּמִפְּנֵי מָה לֹא גָּזְרוּ עֲלֵיהֶם לְפִי שֶׁאֵין אָדָם זוֹרֵעַ מְקוֹמוֹת אֵלּוּ. שְׂדֵה בּוּר אֵין אָדָם נִפְנֶה לְשָׁם. וּשְׂדֵה נִיר רוֹצֶה הוּא בְּתִקּוּנָהּ. וּשְׂדֵה כֶּרֶם אֵינוֹ אוֹסֵר כַּרְמוֹ. וּשְׂדֵה זֶרַע הַסְּפִיחִין מַפְסִידִין אוֹתָהּ. וְכֵן הַתֶּבֶן שֶׁל שְׁבִיעִית מֻתָּר בְּכָל מָקוֹם וְלֹא גָּזְרוּ עָלָיו:
4When sifichim grow in an underdeveloped field,13In his Commentary to the Mishnah (Pe'ah 2:1), the Rambam defines this term as a field left desolate and untilled. a field that was plowed, a vineyard, and a field where crops had been sown,14Apparently, this refers to a field where crops had been sown in the sixth year and they reached more than a third of their growth in that year. Hence, it is permitted to harvest them in the Sabbatical year. they are permitted to be eaten.Why was the above decree not applied to these places? Because a person will not sow these fields. [He will not sow] an underdeveloped field, because no one pays attention to it. When a field has been plowed, [the owner] desires that it remain lying fallow. With regard to a vineyard, no person will cause his vineyard to become forbidden.15For that would bring about the violation of the prohibition of kilayim, mixed species in a vineyard, and cause the vineyard to become forbidden. See Hilchot Kilayim 6:1. And when a field has been sown, the aftergrowth will spoil it. Similarly, straw that grows in the Sabbatical year is permitted in all places; no decree was issued against its use.16Although it is not forbidden, it must be treated with the holiness of the Sabbatical year (Ra'avad; see Chapter 5, Halachah 19-20, 23).
ה׳סְפִיחִין שֶׁל שְׁבִיעִית שֶׁיָּצְאוּ לְמוֹצָאֵי שְׁבִיעִית אֲסוּרִין בַּאֲכִילָה וְאֵין תּוֹלְשִׁין אוֹתָן בַּיָּד אֶלָּא חוֹרֵשׁ כְּדַרְכּוֹ. וּבְהֵמָה רוֹעָה כְּדַרְכָּהּ:
5When sifichin from the Sabbatical year17I.e., that attained one third of their growth in the Sabbatical year. enter the following year, they are forbidden to be eaten.18If the aftergrowth of the Sabbatical year was allowed, it is possible that transgressors would sow their fields at the end of the Sabbatical year and then say that the crops that are growing are merely an aftergrowth. We may not uproot them by hand. Instead, one should plow [the land] in its ordinary fashion or [let] an animal pasture in its ordinary fashion.19And in that way, destroy the crops. We are not concerned with the fact that they will fertilize the field or serve as food for his animals, for there is no prohibition against benefiting from the aftergrowth.
ו׳וְעַד מָתַי אֲסוּרִין סְפִיחֵי שְׁבִיעִית בְּמוֹצָאֵי שְׁבִיעִית מֵרֹאשׁ הַשָּׁנָה וְעַד חֲנֻכָּה וּמֵחֲנֻכָּה וְאֵילָךְ הֵן מֻתָּרִין. וְהַזּוֹרֵעַ סְפִיחֵי שְׁבִיעִית אַחַר שְׁבִיעִית הַגִּדּוּלִין מֻתָּרִין:
6Until when are the sifichin of the Sabbatical year forbidden in the eighth year? From Rosh HaShanah until Chanukah. From Chanukah and onward, they are permitted.20For by that time, the majority of the produce will have grown in the eighth year. The Ra'avad questions the Rambam's source. The commentaries maintain that it follows the wording of the version of the Jerusalem Talmud, Demai 2:1, possessed by the Rambam. When a person sows the sifichin of the Sabbatical year after the Sabbatical year, the produce that grows from this is permitted.21The rationale is that this produce is brought about by a combination of two factors: one (the earth) which is permitted and one (the aftergrowth) which is forbidden. In such situations, the produce is permitted. See Hilchot Ma'aser Sheni 10:21.
ז׳בְּצָלִים שֶׁיָּצְאוּ מִשְּׁבִיעִית לְמוֹצָאֵי שְׁבִיעִית אִם עָשׂוּ כַּיּוֹצֵא בָּהֶן מֻתָּרִין וְאִם לָאו אֲסוּרִין. וְכֵן שְׁאָר הַפֵּרוֹת אֵין לוֹקְחִים אוֹתָם בְּמוֹצָאֵי שְׁבִיעִית אֶלָּא מִשֶּׁיֵּעָשׂוּ כַּיּוֹצֵא בָּהֶן מִפֵּרוֹת מוֹצָאֵי שְׁבִיעִית. עָשָׂה הַבַּכִּיר הֻתָּר הָאֲפִיל וּמֻתָּר לִקַּח יָרָק בְּמוֹצָאֵי שְׁבִיעִית מִיָּד:
7When onions of the Sabbatical year enter the eighth year, they are permitted when there is enough time for produce of that size to have grown [in the eighth year].22For it is possible that these are onions of the eighth year. And if they are from the Sabbatical year, it is possible that they increased their size to the extent that the majority of their growth took place in the eighth year (Radbaz). If not, they are forbidden.23Lest one be partaking of an onion that grew in the Sabbatical year.Similar concepts apply with regard to other produce. They should not be purchased in the eighth year24From a person who is suspect of violating the prohibitions of the Sabbatical year. until produce of that size could have grown in the eighth year. When, in the eighth year, the produce which grows rapidly reaches [the size of the produce which grew in the Sabbatical year], the prohibition is lifted from the produce that remains.25Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 6:4). It is permitted to purchase garden vegetables in the eighth year immediately.26See Halachot 12-13.
ח׳מֵאֵימָתַי מוֹתָר אָדָם לִיקַח לוּף בְּמוֹצָאֵי שְׁבִיעִית מְשֶׁיִּרְבֶּה הֶחָדָשׁ:
8When is a person permitted to purchase wild onions in the eighth year? When the new produce exceeds [the old].27The Radbaz quotes the Jerusalem Talmud (Sh'vi'it 5:5) as explaining that this refers to after the Pesach festival.
ט׳בְּאֶחָד בְּתִשְׁרֵי רֹאשׁ הַשָּׁנָה לִשְׁמִטִּין וּלְיוֹבְלוֹת. פֵּרוֹת שִׁשִּׁית שֶׁנִּכְנְסוּ לַשְּׁבִיעִית אִם הָיוּ תְּבוּאָה אוֹ קִטְנִיּוֹת אוֹ פֵּרוֹת הָאִילָן וְהִגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת קֹדֶם רֹאשׁ הַשָּׁנָה הֲרֵי אֵלּוּ מֻתָּרִין. וְאַף עַל פִּי שֶׁאוֹסֵף אוֹתָם בַּשְּׁבִיעִית הֲרֵי הֵן כְּפֵרוֹת שִׁשִּׁית לְכָל דָּבָר. וְאִם לֹא בָּאוּ לְעוֹנַת הַמַּעַשְׂרוֹת אֶלָּא אַחַר רֹאשׁ הַשָּׁנָה הֲרֵי הֵן כְּפֵרוֹת שְׁבִיעִית:
9The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years.28The year is considered to begin from that date. See also Chapter 10, Halachah 4. [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit29The mention of fruit is somewhat problematic, because, as stated in Hilchot Ma'aser Sheni 1:2, the fifteenth of Shvat is "the New Year of the Trees." The Radbaz, however, explains that there is no contradiction. Each "new year" is considered in its own context. With regard to the calculation of the cycle of the tithes and the laws of orlah, the fifteenth of Shvat is "the New Year of the Trees." With regard to the prohibitions of the Sabbatical year, by contrast, the new year begins on Rosh HaShanah.The Shelah, however, states that even with regard to the Sabbatical year, the fifteenth of Shvat is the Rosh HaShanah of the Trees and wit regard to them, the laws of the Sabbatical year begin from that date. This is the present practice in Eretz Yisrael. that reached the stage when tithes are required to be separated30I.e., one third of its growth. before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards.31It is permitted to harvest them and partake of them without any restrictions. Nor are they endowed with the holiness of the crops of the Sabbatical year. Similar laws apply with regard to the separation of tithes (ibid.). If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.32As explained in the following halachah.
י׳הַתְּבוּאָה וְהַקִּטְנִיּוֹת אֲסוּרִין בַּאֲכִילָה מִשּׁוּם סְפִיחִים. וּפֵרוֹת הָאִילָן אוֹכְלִין אוֹתָן בִּקְדֻשַּׁת שְׁבִיעִית:
10Grain and legumes are forbidden to be eaten33And harvested. as sifichin and the fruit of trees must be eaten with consideration for the holiness of the Sabbatical year.34See Chapters 5-6.
י״אהָאֹרֶז וְהַדֹּחַן וְהַפְּרָגִים וְהַשֻּׁמְשְׁמִין וּפוֹל הַמִּצְרִי שֶׁזְּרָעוֹ לְזֶרַע הוֹלְכִין בָּהֶן אַחַר גְּמַר פְּרִי. אִם נִגְמַר פִּרְיָם קֹדֶם רֹאשׁ הַשָּׁנָה הֲרֵי אֵלּוּ מֻתָּרִין בַּשְּׁבִיעִית כְּפֵרוֹת שִׁשִּׁית. וְאִם נִגְמְרוּ אַחַר רֹאשׁ הַשָּׁנָה אַף עַל פִּי שֶׁהִשְׁרִישׁוּ קֹדֶם רֹאשׁ הַשָּׁנָה הֲרֵי אֵלּוּ אֲסוּרִים מִשּׁוּם סְפִיחִים:
11When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed,35From Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:8), it appears that the intent is that his purpose is to use the kernels as seed and not to partake of them. Others, however, interpret the Rambam's Commentary as meaning that he desires to eat the seeds and not the pods. Were the person concerned with eating the pods - or even the kernels according to the first interpretation - the plants would be considered like vegetables; see Halachah 14. [the ruling depends on] when the produce completes its growth.36I.e., they are not considered like vegetables, in which the time when they are gathered determines the ruling (Halachah 12), because they are not gathered immediately after their growth is completed, but rather left growing in the earth so that they dry. Nor are they considered like grain or beans in which instance, the time when they reach one third of their growth determines the ruling (Halachah 9), because they complete their growth at different times. See also Hilchot Ma'aser Sheni 1:8 which sets these species aside from others. If its growth is completed before Rosh HaShanah, these [seeds] are permitted [to be harvested] in the Sabbatical year like the produce of the sixth year. If their growth is completed after Rosh HaShanah, even though [the plants] took root before Rosh HaShanah, they are forbidden as sifichin.
י״בהַיָּרָק בִּשְׁעַת לְקִיטָתוֹ. וְהָאֶתְרוֹג אֲפִלּוּ הָיָה כְּפוֹל קֹדֶם רֹאשׁ הַשָּׁנָה וְנַעֲשָׂה כְּכִכָּר בַּשְּׁבִיעִית חַיָּב בְּמַעַשְׂרוֹת כְּפֵרוֹת שִׁשִּׁית. וַאֲפִלּוּ הָיָה כְּכִכָּר בַּשִּׁשִּׁית הוֹאִיל וְנִלְקַט בַּשְּׁבִיעִית הֲרֵי הוּא כְּפֵרוֹת שְׁבִיעִית. וּמִתְעַשֵּׂר כְּפֵרוֹת שִׁשִּׁית לְהַחֲמִיר:
12[The ruling regarding] vegetables [depends] on the time they were harvested.37It is bound by the agricultural laws governing the year in which it was reaped (ibid.:4).With regard to an esrog, even if it was the size of a bean before Rosh HaShanah [of the Sabbatical year] and grew to the size of a loaf of bread in the Sabbatical year, it is obligated to be tithed like the produce of the sixth year.38The produce of the Sabbatical year need not be tithed. Nevertheless, as a stringency, the ruling governing an esrog is dependent on when the fruit first budded (Rosh HaShanah 15b). Hence, it is necessary to tithe such an esrog. Compare to ibid. 1:6. [Conversely,] even if it had reached the size of a loaf of bread in the sixth year, since it was reaped in the Sabbatical year, it is considered as the produce of the Sabbatical year.39And must be eaten with consideration shown for the special holiness of that year (Radbaz). As a stringency, the tithes are separated like the produce of the sixth year.
י״גוְכֵן פֵּרוֹת שְׁבִיעִית שֶׁיָּצְאוּ לְמוֹצָאֵי שְׁבִיעִית בִּתְבוּאָה וְקִטְנִיּוֹת וְאִילָנוֹת הוֹלְכִין אַחַר עוֹנַת הַמַּעַשְׂרוֹת. והַפְּרָגִין וְהַשֻּׁמְשְׁמִין וְהָאֹרֶז וְהַדֹּחַן וּפוֹל הַמִּצְרִי שֶׁזְּרָעוֹ לְזֶרַע אַחַר גְּמַר הַפְּרִי. וְהַיָּרָק אַחַר לְקִיטָתוֹ:
13Similarly, when the produce of the Sabbatical year is reaped in the eighth year: With regard to grain, legumes, and the fruit of the trees, [the ruling depends on when the produce reached] the stage when tithes are required to be separated.40As in Halachah 9. Thus if they complete one third of their growth before the advent of the eighth year, they are considered as produce of the Sabbatical year. When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth.41As in Halachah 11. I.e., whether in the Sabbatical year or in the eighth year. [The ruling regarding] vegetables [depends] on the time they were harvested.42As in Halachah 12. The Rambam does not mention the laws pertaining to an esrog, because since it is reaped in the eighth year, it is considered entirely as the produce of the eighth year. None of the restrictions of the Sabbatical year apply and tithes must be separated.
י״דפּוֹל הַמִּצְרִי שֶׁזְּרָעוֹ לְזֶרַע בַּשִּׁשִּׁית וְנִגְמַר פִּרְיוֹ קֹדֶם רֹאשׁ הַשָּׁנָה שֶׁל שְׁבִיעִית. בֵּין יָרָק שֶׁלּוֹ בֵּין זֶרַע שֶׁלּוֹ מֻתָּר בַּשְּׁבִיעִית. וְאִם זָרַע לְיָרָק וְנִכְנְסָה עָלָיו שְׁבִיעִית בֵּין יְרָקוֹ בֵּין זַרְעוֹ אָסוּר כִּסְפִיחֵי שְׁבִיעִית. וְכֵן אִם זְרָעוֹ לְזֶרַע וּלְיָרָק אָסוּר:
14When one sowed Egyptian beans for seed in the sixth year and the produce was completed before Rosh HaShanah of the Sabbatical year, both its vegetables and its seed are permitted in the Sabbatical year.43Since it was sowed for seed, that intent determines the ruling, and the laws stated in Halachah 11 apply. Since as a whole, the plant is considered as the produce of the sixth year, even if part of the plant is harvested as a vegetable, we are not concerned about when it was harvested and it is still considered as produce of the sixth year. If one sowed it to use as a vegetable44The ruling is governed by that intent and the laws mentioned in Halachah 12 apply, even to the seeds. and it entered the Sabbatical year, both its vegetables and its seed are forbidden like the sifichin of the Sabbatical year. Similarly, if he sowed it both for its seed and to use as a vegetable, it is forbidden.45Because of the impression that might be created. With regard to this question, the standard published text of the Jerusalem Talmud (Sh'vi'it 5:5) states that the seed is permitted and the vegetable is forbidden. The Radbaz maintains that the Rambam's ruling should be interpreted in the same manner (as might be understood from the conclusion of the following halachah). The Kessef Mishneh suggests that perhaps the Rambam had a different version of the Jerusalem Talmud.
ט״ועָבַר וּזְרָעוֹ בַּשְּׁבִיעִית וְיָצָא לַשְּׁמִינִית אִם זְרָעוֹ לְזֶרַע בֵּין זַרְעוֹ בֵּין יְרָקוֹ אָסוּר בְּמוֹצָאֵי שְׁבִיעִית כִּשְׁאָר הַסְּפִיחִים. וְאִם זְרָעוֹ לְיָרָק הוֹאִיל וְנִלְקַט בַּשְּׁמִינִית בֵּין יְרָקוֹ בֵּין זַרְעוֹ מֻתָּר. זְרָעוֹ לְזֶרַע וּלְיָרָק זַרְעוֹ אָסוּר מִשּׁוּם סְפִיחִים וִירָקוֹ מֻתָּר:
15[The following rules apply if] one transgressed and sowed [such beans] in the Sabbatical year, [their growth was completed in the Sabbatical year,] but they remained [in the ground] until the eighth year: If they were sown for seed,46The ruling is determined by when the growth of the produce was completed, in this instance, the Sabbatical year. Hence, it is forbidden as are the other sifichin of that year (Halachah 5). both the seed and the vegetables are forbidden in the eighth year like other sifichin. If one sowed it to use as a vegetable, since it was harvested in the eighth year, both its vegetables and its seed are permitted.47For the ruling concerning vegetables depends on when they were harvested.The Ra'avad differs with the Rambam's ruling, maintaining that there is no room for leniency with regard to produce that was sown in the Sabbatical year. The Radbaz justifies the Rambam's ruling, maintaining that it is based on a passage from the Jerusalem Talmud. Rav Yosef Corcus explains that even though sowing the land involves a transgression and in the Sabbatical year, the crops should be uprooted, if that did not happen, the vegetables are not forbidden. If he sowed it both for its seed and to use as a vegetable, its seed is forbidden as sifichin and its vegetables are permitted.
ט״זבְּנוֹת שׁוּחַ הוֹאִיל וְהֵן נִגְמָרוֹת לְאַחַר שָׁלֹשׁ שָׁנִים אִם בָּאוּ לְעוֹנַת הַמַּעַשְׂרוֹת קֹדֶם רֹאשׁ הַשָּׁנָה שֶׁל שְׁמִינִית הֲרֵי הֵן נֶאֱכָלוֹת בְּשָׁנָה שְׁנִיָּה מִן הַשָּׁבוּעַ בְּתוֹרַת שְׁבִיעִית:
16Since white figs48Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 5:1). take three years before their growth is completed, if they reach the stage when tithes are required to be separated before Rosh HaShanah of the eighth year,49As stated in Halachah 9, this is the determining factor with regard to fruit from trees. Hence they are considered as fruit of the Sabbatical year. they should be eaten in the second year of the seven year cycle according to the restrictions50I.e., in a manner which acknowledges their holiness. governing fruit of the Sabbatical year.
י״זהַבְּצָלִים הַסָּרִיסִים וּפוֹל הַמִּצְרִי שֶׁמָּנַע מֵהֶם מַיִם שְׁלֹשִׁים יוֹם קֹדֶם רֹאשׁ הַשָּׁנָה. וְשֶׁל בַּעַל שֶׁמָּנַע מֵהֶם שָׁלֹשׁ עוֹנוֹת לִפְנֵי רֹאשׁ הַשָּׁנָה הֲרֵי אֵלּוּ מִפֵּרוֹת שִׁשִּׁית. פָּחוֹת מִכֵּן הֲרֵי הֵם כִּסְפִיחֵי שְׁבִיעִית:
17Onions that will not produce scallions51Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 2:9). The term seris means "eunuch." It is used in this instance because generally, onions produce scallions if they are left in a moist place after being uprooted from the earth. Just as a eunuch cannot produce seed, this species does not produce scallions. and Egyptian beans from which water was withheld for 30 days before Rosh HaShanah and onions that do produce scallions52Here too our translation is based on the above source. from which water was withheld for three irrigation periods53In that age, when water pumps and piping did not exist, irrigation was a much more complicated matter and plants would be irrigated at specific periods. When a farmer would like to harvest his produce, he begins withholding water from it beforehand, so that it will begin to dry. before Rosh HaShanah are considered as the produce of the sixth year.54Even if they are harvested in the Sabbatical year, for it is considered as if their growth was completed in the sixth year. If water was withheld from them for a shorter period, they are considered as sefichin from the Sabbatical year.55For it is considered as if they were still growing at the end of the sixth year.
י״חהַדְּלוּעִין שֶׁקִּיְּמָן לְזֶרַע אִם הֻקְשׁוּ לִפְנֵי רֹאשׁ הַשָּׁנָה וְנִפְסְלוּ מִלֶּאֱכל אָדָם מֻתָּר לְקַיְּמָן בַּשְּׁבִיעִית שֶׁהֵן מִפֵּרוֹת שִׁשִּׁית. וְאִם לָאו אֲסוּרִין כִּסְפִיחֵי שְׁבִיעִית. וְכֵן הַיְרָקוֹת כֻּלָּן שֶׁהֻקְשׁוּ לִפְנֵי רֹאשׁ הַשָּׁנָה מֻתָּר לְקַיְּמָן בַּשְּׁבִיעִית וְאִם הָיוּ רַכִּים אָסוּר לְקַיְּמָן מִשּׁוּם סְפִיחִים. אֵין מְחַיְּבִין אוֹתוֹ לְשָׁרֵשׁ אֶת הַלּוּף אֶלָּא מַנִּיחוֹ בָּאָרֶץ כְּמוֹת שֶׁהוּא. אִם צָמַח לְמוֹצָאֵי שְׁבִיעִית מֻתָּר. וְאֵין מְחַיְּבִין אוֹתוֹ לְשָׁרֵשׁ אֶת הַקֻּנְדָּס אֶלָּא גּוֹזֵז בֶּעָלִין וְאִם צָמַח לְמוֹצָאֵי שְׁבִיעִית מֻתָּר:
18[The following laws apply with regard to] gourd plants which were maintained [in the ground] to produce seed. If they became hard56They dried out [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:10)]. before Rosh HaShanah and thus were unfit for human consumption, it is permitted to maintain them in the Sabbatical year, for they are from the produce of the sixth year.57For they did not grow in the Sabbatical year. If not,58And thus they grew in the Sabbatical year. they are considered as sefichin from the Sabbatical year.59And they must be destroyed, for it is forbidden to take produce of the Sabbatical year and set it aside to be used for seed in future years (ibid.).Similar [laws apply with regard to] vegetables. Any ones that become hard before Rosh HaShanah are permitted to be maintained in the Sabbatical year.60For they did not grow in the Sabbatical year. If they were soft,61And thus they grew in the Sabbatical year. it is forbidden to maintain them, as [is the law regarding] sefichin.62The Tosefta, Sh'vi'it 2:11 explains that the prohibition stems from the impression that might be created. An onlooker might think that they were planted in the Sabbatical year (Kessef Mishneh).We do not require a person to uproot wild onions. Instead, we allow him to leave them in the ground as they are.63Wild onions grow in the ground for up to three years. Hence, there is no question about what an onlooker might say, for the majority of the produce will have grown at a time when it is permitted. If they grow in the eighth year, they are permitted. Similarly, we do not require him to uproot an artichoke plant.64Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Uktzin 1:6). Our text follows the version of the Mishneh Torah published by Rav Shabse Frankel. The standard printed text offers a slightly different version. Since the artichoke plant grows primarily in the ground and that portion is not visible, it need not be uprooted. All that is necessary is to cut off its leaves.65This is necessary. Because the leaves are soft and edible, we are concerned with the impression an observer might receive. If it grows again in the eighth year, it is permitted.
י״טלוּף שֶׁל עֶרֶב שְׁבִיעִית וְכֵן בְּצָלִים שֶׁל עֶרֶב שְׁבִיעִית הַקִּיצוֹנִים וּפוּאָה שֶׁנִּגְמְרוּ לִפְנֵי שְׁבִיעִית מֻתָּר לְעָקְרָן בַּשְּׁבִיעִית בְּקַרְדֻּמּוֹת שֶׁל מַתֶּכֶת. וְאֵין בָּזֶה מִשּׁוּם עֲבוֹדַת הָאָרֶץ:
19Wild onions [grown]66The Rambam's Commentary to the Mishnah (Sh'vi'it 5:4) states that we are speaking about onions that have reached the stage that all that is necessary is to dig them out and uproot them. in the sixth year, summer onions,67Which become dried out (ibid.). and madder68A plant which produces a powerful red dye. which completed their growth before the Sabbatical year may be uprooted in the Sabbatical year with metal hatchets. This is not considered as tilling the land.69Although using the metal hatchets would overturn the earth, this is not considered as tilling the land, because one's intent is obviously to harvest the produce (Radbaz).
כ׳הַבְּצָלִים שֶׁיָּרְדוּ עֲלֵיהֶם גְּשָׁמִים בַּשְּׁבִיעִית וְצָמְחוּ כָּל זְמַן שֶׁהֶעָלִין שֶׁלָּהֶן יְרֻקִּין הֲרֵי אֵלּוּ מֻתָּרִין. וְאִם הִשְׁחִירוּ הֲרֵי הֵן כִּנְטוּעִין בָּאָרֶץ וְאוֹתָן הֶעָלִין אֲסוּרִין מִשּׁוּם סְפִיחִין. וּבֵין כָּךְ וּבֵין כָּךְ הַבְּצָלִים עַצְמָן בְּהֶתֵּרָן עוֹמְדִין:
20When, in the Sabbatical year, rain descended upon onions70We are speaking about onions that had completed their growth before the Sabbatical year, but had been left in the ground. and they sprouted leaves, the leaves are permitted as long as they are light green.71As long as the leaves are green, they are considered as if they come from the onion itself [the Rambam's Commentary to the Mishnah (Sh'vi'it 6:2)]. If they have turned dark,72As the leaves grew, the onion produces roots. As the roots grow, the leaves turn dark green. it is considered as if the plants were planted in the earth and those leaves are forbidden as sefichin. In both situations, the onions themselves remain permitted.73For their growth was completed before the advent of the Sabbatical year.
כ״אבָּצָל שֶׁעֲקָרוֹ בַּשְּׁבִיעִית וּנְטָעוֹ בַּשְּׁמִינִית וְרַבּוּ גִּדּוּלָיו עַל עִקָּרוֹ הֶעֱלוּ גִּדּוּלָיו אֶת עִקָּרוֹ וְהֻתַּר הַכּל הוֹאִיל וּשְׁבִיעִית אֲסוּרָה עַל יְדֵי קַרְקַע כָּךְ נְטִילָתָהּ עַל יְדֵי קַרְקַע:
21When an onion was uprooted in the Sabbatical year and replanted in the eighth year and its growth exceeded its original size, the additional growth elevates the original mass74The onion becomes permitted when the majority of its mass is permitted. The new growth nullifies the forbidden matter. and the entire [onion] is permitted. [The rationale is that] since the prohibition of the Sabbatical year comes about via the earth,75I.e., growing in the earth in the Sabbatical year. it can be removed via the earth.76Increasing its size in the eighth year.The Ra'avad objects to the Rambam's ruling, noting that the Jerusalem Talmud (Sh'vi'it 6:3) appears to imply that the leniency is granted only when the leaves of the onions were bent over. Otherwise, the onions remain forbidden. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, stating that it reflects the treatment of the subject in the Babylonian Talmud (Nedarim 59b). Moreover, even the Jerusalem Talmud can be interpreted in this manner.
כ״בהַפֵּרוֹת שֶׁיּוֹצִיא הָאִילָן בַּשְּׁבִיעִית לֹא יַאַסְפֵם כְּדֶרֶךְ שֶׁאוֹסֵף בְּכָל שָׁנָה שֶׁנֶּאֱמַר (ויקרא כה ה) "וְאֶת עִנְּבֵי נְזִירֶךָ לֹא תִבְצֹר". וְאִם בָּצַר לַעֲבוֹדַת הָאִילָן אוֹ שֶׁבָּצַר כְּדֶרֶךְ הַבּוֹצְרִים לוֹקֶה:
22Fruits produced by a tree in the Sabbatical year should not be reaped in the same manner as they are reaped every year,77The prohibition does not prevent us from reaping the fruits of the trees during the Sabbatical year. On the contrary, the fruits are ownerless and are meant to be eaten by people at large, as Leviticus 11:39 states, "[The fruit produced as] the land rests shall be yours to eat." The point of the mitzvah is that one may not reap in the same manner that he usually does [the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6)]. as [Leviticus 25:5] states: "The grapes you had designated you shall not gather."78Sefer HaMitzvot (negative commandment 223) and Sefer HaChinuch (mitzvah 329) include this commandment among the 613 mitzvot of the Torah. One who reaps grapes to improve the vine or in the ordinary manner of reaping is liable for lashes.
כ״גוְכֵיצַד עוֹשֶׂה. תְּאֵנִים שֶׁל שְׁבִיעִית אֵין קוֹצִין אוֹתָן בְּמֻקְצֶה אֲבָל מְיַבְּשָׁן בֶּחָרָבָה. וְלֹא יִדְרֹךְ עֲנָבִים בַּגַּת אֲבָל דּוֹרֵךְ הוּא בַּעֲרֵבָה. וְלֹא יַעֲשֶׂה זֵיתִים בְּבַיִת הַבַּד. אֲבָל כּוֹתֵשׁ הוּא וּמַכְנִיס לְתוֹךְ בַּד קָטָן בְּיוֹתֵר וְטוֹחֵן בְּבֵית הַבַּד וּבַקֹּטֶב וּמַכְנִיס לְבַד קְטַנָּה. וְכֵן בִּשְׁאָר הַדְּבָרִים כָּל שֶׁיָּכוֹל לְשַׁנּוֹת מְשַׁנֶּה:
23How should one conduct himself?79I.e., what changes should be made to the usual manner of reaping. Figs of the Sabbatical year should not be set out to dry in the place where they are usually set out to dry. They can, however, be left to dry in a ruin.80Our translation of this halachah is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6). We may not crush grapes81To produce wine. in a vat, but they may be crushed in a kneading trough. Olives should not be crushed82To extract their oil. in a press, but they may be squeezed and placed in a very small press. One may grind them83After olives were pressed once and the higher quality of oil extracted, the olives would be ground and pressed again to produce more oil. Compare to Hilchot Issurei Mizbeiach 7:8. in the oil press and place them in a small press. Similarly, with regard to other matters, [the fundamental rule is]: One should deviate from the norm in whatever way possible.
כ״דמִצְוַת עֲשֵׂה לְהַשְׁמִיט כָּל מַה שֶּׁתּוֹצִיא הָאָרֶץ בַּשְּׁבִיעִית שֶׁנֶּאֱמַר (שמות כג יא) "וְהַשְּׁבִיעִת תִּשְׁמְטֶנָּה וּנְטַשְׁתָּהּ". וְכָל הַנּוֹעֵל כַּרְמוֹ אוֹ סָג שָׂדֵהוּ בַּשְּׁבִיעִית בִּטֵּל מִצְוַת עֲשֵׂה. וְכֵן אִם אָסַף כָּל פֵּרוֹתָיו לְתוֹךְ בֵּיתוֹ. אֶלָּא יַפְקִיר הַכּל וְיַד הַכּל שָׁוִין בְּכָל מָקוֹם שֶׁנֶּאֱמַר (שמות כג יא) "וְאָכְלוּ אֶבְיֹנֵי עַמֶּךָ". וְיֵשׁ לוֹ לְהָבִיא לְתוֹךְ בֵּיתוֹ מְעַט כְּדֶרֶךְ שֶׁמְּבִיאִין מִן הַהֶפְקֵר. חָמֵשׁ כַּדֵּי שֶׁמֶן חֲמִשָּׁה עָשָׂר כַּדֵּי יַיִן. וְאִם הֵבִיא יֶתֶר מִזֶּה מֻתָּר:
24It is a positive commandment84Sefer HaMitzvot (positive commandment 134) and Sefer HaChinuch (mitzvah 84) includes this commandment among the 613 mitzvot of the Torah.The Rambam's wording implies that the commandment is incumbent on the person; he must consider his property ownerless. Other commentaries note that Bava Metzia 39a speaks of "the land being declared ownerless by the King," i.e., that automatically, the person's right to his produce is removed from him by Divine order. See Likkutei Sichot, Vol. XVII, p. 287ff., which clarifies the difference between these perspectives. to divest oneself from everything that the land produces in the Sabbatical year, as [Exodus 23:11] states: "In the seventh [year], you shall leave it untended and unharvested."Anyone who locks his vineyard or fences off his field in the Sabbatical year has nullified a positive commandment.85The Kessef Mishneh quotes the Mechilta which explains that according to Scriptural Law, it would appear that one should rip down the fences around his fields. Our Sages did not require that. They did, however, forbid erecting new fences. This also holds true if he gathered all his produce into his home. Instead, he should leave everything ownerless. Thus everyone86The rich as well as the poor. has equal rights in every place, as [ibid.] states: "And the poor of your people shall partake of it." One may bring a small amount into one's home, just as one brings from ownerless property,87I.e., although the owner of the land does not have greater privileges than others, he does not have lesser privileges either and may take some of the produce. e.g., five jugs of oil, fifteen jugs of wine.88For this is an ordinary amount which a person would store for immediate use. To set aside produce for long term storage is forbidden in the Sabbatical year. If he takes more than that, it is permitted.89For ultimately, he has not treated the field as his own, but has left it ownerless.
כ״האֵין שְׁבִיעִית נוֹהֶגֶת אֶלָּא בְּאֶרֶץ יִשְׂרָאֵל בִּלְבַד שֶׁנֶּאֱמַר (ויקרא כה ב) "כִּי תָבֹאוּ אֶל הָאָרֶץ" וְגוֹ'. וְנוֹהֶגֶת בֵּין בִּפְנֵי הַבַּיִת בֵּין שֶׁלֹּא בִּפְנֵי הַבַּיִת:
25[The laws of] the Sabbatical year are observed only in Eretz Yisrael alone, as [Leviticus 25:2] states: "When you will come to the land...."90Implying that these mitzvot are observed only in that land. It is observed while the Temple is standing and when the Temple is not standing.91For this reason, the laws of the Sabbatical year were observed even before the Temple was constructed (Radbaz).Although the laws of the Sabbatical year are not dependent on whether or not the Temple is standing, they are dependent on the presence of the majority of the Jewish people in Eretz Yisrael, as stated in Chapter 10, Halachah 9. As stated in Halachah 8 of that chapter, after the exile of the tribe of Reuven and Gad, slightly more than a hundred years before the destruction of the First Temple, this criterion was not met and the Sabbatical year and many other mitzvot are observed only because of Rabbinic decree.(As will be explained in the notes to that source, there is some difference of the opinion concerning both the actual ruling and the Rambam's stance on that issue.)
כ״וכָּל שֶׁהֶחְזִיקוּ בּוֹ עוֹלֵי בָּבֶל עַד כְּזִיב אָסוּר בַּעֲבוֹדָה וְכָל הַסְּפִיחִין שֶׁצּוֹמְחִין בּוֹ אֲסוּרִין בַּאֲכִילָה. וְכָל שֶׁלֹּא הֶחֱזִיקוּ בּוֹ אֶלָּא עוֹלֵי מִצְרַיִם בִּלְבַד שֶׁהוּא מִכְּזִיב וְעַד הַנָּהָר וְעַד אָמְנָה. אַף עַל פִּי שֶׁהוּא אָסוּר בָּעֲבוֹדָה בַּשְּׁבִיעִית. הַסְּפִיחִין שֶׁצּוֹמְחִין בּוֹ מֻתָּרִים בַּאֲכִילָה. וּמֵהַנָּהָר וּמֵאֲמָנָה וָהָלְאָה מֻתָּר בָּעֲבוֹדָה בַּשְּׁבִיעִית:
26In the entire area taken possession of by the Jews who ascended from Babylonia until Kziv,92As the Rambam explains in Hilchot Terumah, ch. 1, and Hilchot Beis HaBechirah, ch. 6, when the Jews conquered Eretz Yisrael after the exodus from Egypt, the land became holy and all the agricultural laws incumbent on it took effect. After the exile of the tribes of Reuven and Gad, these laws no longer applied according to Scriptural Law. When Ezra led the people back from the Babylonian exile, he sanctified the land a second time according to Rabbinic decree. At this time, however, the people settled in a much smaller area than they had originally lived. Kziv was the northern boundary of that area and is considered outside the area. See the maps accompanying Hilchot Terumah, loc. cit. See also the Rambam's Commentary to the Mishnah (Sh'vi'it 6:1). it is forbidden to work the land and the sifichin that grow there are forbidden to be eaten. In the entire area that was taken possession of only by the Jews that ascended from Egypt, i.e., from Kziv to the River [of Egypt]93According to the Radbaz (Hilchot Terumah 1:9), this refers to Wadi el Arish and not the Nile. There are, however, other sources which identify "the River of Egypt" as the Nile. and to the Umanum Mountains,94A mountain range in Northern Lebanon. This represents the boundaries of the land conquered by the Jews after the Exodus from Egypt. As the Rambam explains, our Sages imposed certain restrictions on this land as well. even though it is forbidden to till [the land] in the Sabbatical year, the sifichin that grow there are permitted to be eaten. From the River [of Egypt] and from the Umanum Mountains [onward], one may till [the land] in the Sabbatical year.95This area is considered as part of the Diaspora and none of the agricultural laws relating to Eretz Yisrael apply there. The Umanum Mountains themselves are part of the Diaspora.
כ״זסוּרְיָא אַף עַל פִּי שֶׁאֵין שְׁבִיעִית נוֹהֶגֶת בָּהּ מִן הַתּוֹרָה גָּזְרוּ עָלֶיהָ שֶׁתִּהְיֶה אֲסוּרָה בַּעֲבוֹדָה בַּשְּׁבִיעִית כְּאֶרֶץ יִשְׂרָאֵל. כְּדֵי שֶׁלֹּא יָנִיחוּ אֶרֶץ יִשְׂרָאֵל וְיֵלְכוּ וְיִשְׁתַּקְּעוּ שָׁם. אֲבָל עַמּוֹן וּמוֹאָב וּמִצְרַיִם וְשִׁנְעָר אַף עַל פִּי שֶׁהֵם חַיָּבוֹת בְּמַעַשְׂרוֹת מִדִּבְרֵיהֶם אֵין שְׁבִיעִית נוֹהֶגֶת בָּהֶן:
27Although the Sabbatical year is not observed in Syria96"The lands which [King] David conquered outside of the Land of Canaan, e.g., Aram Naharaim, Aram Tzovah, Achlab [which are located slightly north of Eretz Yisrael]... before he conquered Eretz Yisrael entirely." See Hilchot Terumah 1:3 and the Rambam's Commentary to the Mishnah (Demai 6:11). according to Scriptural Law, [our Sages] decreed that it would be forbidden to till it in the Sabbatical year like Eretz Yisrael, so that [the Jewish people] would not abandon Eretz Yisrael and go and settle permanently there. In Ammon, Moab,97Countries to the southeast of Eretz Yisrael. Egypt, and Babylonia, by contrast, though the tithes must be separated according to Rabbinic Law,98See Hilchot Terumah 1:6. the Sabbatical year is not observed.
כ״חעֵבֶר הַיַּרְדֵּן שְׁבִיעִית נוֹהֶגֶת בָּהּ מִדִּבְרֵיהֶם. וּסְפִיחֵי סוּרְיָא וְעֵבֶר הַיַּרְדֵּן מֻתָּרִין בַּאֲכִילָה. לֹא יִהְיוּ אֲרָצוֹת אֵלּוּ חֲמוּרִין מֵאֶרֶץ יִשְׂרָאֵל שֶׁהֶחְזִיקוּ בָּהּ עוֹלֵי מִצְרַיִם:
28The Sabbatical year is observed in Transjordan by Rabbinic decree.99Transjordan refers to the area extending outward from the eastern bank of the Jordan. The tribes of Reuven, Gad, and half the tribe of Menasheh settled there. Rav Yosef Corcus maintains that according to Scriptural Law, the Sabbatical year never had to be observed there (see Sifra, the beginning of Behar), because it is not part of Eretz Yisrael in certain contexts. Others maintain that according to Scriptural Law, in the era of the First Temple, the Sabbatical year was to be observed there. All agree that our Sages required its partial observance. The sifichin of Syria and Transjordan are permitted to be eaten.100The Radbaz explains that this applies even if the Jews returning from Babylon had settled in a portion of this territory, the sificihin are not forbidden. [The restrictions in] these lands need not be more stringent than those in [the portions of] Eretz Yisrael that were inhabited by the people ascending from Egypt.
כ״טעַכּוּ"ם שֶׁקָּנָה קַרְקַע בָּאָרֶץ יִשְׂרָאֵל וּזְרָעָהּ בַּשְּׁבִיעִית פֵּרוֹתֶיהָ מֻתָּרִין. שֶׁלֹּא גָּזְרוּ עַל הַסְּפִיחִין אֶלָּא מִפְּנֵי עוֹבְרֵי עֲבֵרָה. וְהָעַכּוּ"ם אֵינָן מְצֻוִּין עַל הַשְּׁבִיעִית כְּדֵי שֶׁנִּגְזֹר עֲלֵיהֶם:
29When a gentile purchases land in Eretz Yisrael and sows it in the Sabbatical year, the produce is permitted.101I.e., we are allowed to purchase this produce and partake of it. This applies even in the portion of the land where the Sabbatical year is observed according to Rabbinic decree.The Radbaz and the Kessef Mishneh refer to the Kaftor VePerach who states that seemingly, although produce grown by a gentile in Eretz Yisrael in the Sabbatical year is permitted, it would have to eaten with respect to its holiness, as described in the following chapter. For as the Rambam states in Hilchot Terumah 1:10: "When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot. Instead, its holiness is still intact." Thus although there is no reason to forbid one from partaking of the produce grown by a gentile, seemingly, it should be considered "holy."They note that in their time this was not the common practice, (nor is it the practice in Eretz Yisrael today). They justify this conduct on the grounds that, according to certain views (see Chapter 10, Halachah 9, where this subject is discussed) that in the present era, the observance of the Sabbatical year is a Rabbinic ordinance (and not of Scriptural authority). And our Sages did not impose any restrictions on produce grown by gentiles. For our Sages decreed that sifichin should be forbidden only as a safeguard against transgressors and the gentiles are not commanded to observe the Sabbatical year. Thus there is no need to institute a safeguard for them.
ל׳עֲיָרוֹת אֶרֶץ יִשְׂרָאֵל הַסְּמוּכוֹת לַסְּפָר מוֹשִׁיבִים עֲלֵיהֶם נֶאֱמָן כְּדֵי שֶׁלֹּא יָפוּצוּ עַכּוּ"ם וְיָבֹזּוּ פֵּרוֹת שְׁבִיעִית:
30In the cities of Eretz Yisrael that are close to the border, we appoint a trustworthy watchman so that the gentiles will not spread [through the land] and take the produce of the Sabbatical year.102In addition to the material motive involved, there is a ritual dimension to this restriction. We are forbidden to allow a gentile to partake of the produce of the Sabbatical year (Chapter 5, Halachah 13). The Radbaz questions if watchmen should be appointed to guard the fields of Jews in Eretz Yisrael that are not located on the border, but are near areas where gentiles are located and there is a possibility that they will take the produce that is left ownerless.
ה׳
א׳פֵּרוֹת שְׁבִיעִית נִתְּנוּ לַאֲכִילָה וְלִשְׁתִיָּה וּלְסִיכָה וּלְהַדְלָקַת הַנֵּר וְלִצְבִיעָה. מִפִּי הַשְּׁמוּעָה לָמְדוּ (ויקרא כה ז) "תִּהְיֶה" אַף לְהַדְלָקַת נֵר וְלִצְבֹּעַ בָּהּ צֶבַע:
1The produce of the Sabbatical year is designated for the sake of eating, drinking,1Drinking is considered as eating (Yoma 76b). smearing oneself [with oil],2See Hilchot Sh'vitat Esor 1:4-5; Hilchot Terumot 11:1, Hilchot Ma'aser Sheni 3:10 which equate smearing oneself with oil and drinking. kindling lamps, and dyeing. According to the Oral Tradition, we learned that the word tihiyeh3Leviticus 25:7 states: "And for the animal and the beast in your land shall (tihiyeh) be all the produce to eat." The Sifra derives the above concept from this verse. implies that it may be used even for kindling lamps, and dyeing.4For these activities also bring direct benefit to man.
ב׳לַאֲכִילָה וְלִשְׁתִיָּה כֵּיצַד. לֶאֱכֹל דָּבָר שֶׁדַּרְכּוֹ לֶאֱכֹל. וְלִשְׁתּוֹת דָּבָר שֶׁדַּרְכּוֹ לִשְׁתּוֹת. כְּדִין תְּרוּמָה וּמַעֲשֵׂר שֵׁנִי:
2What is meant by [the license to use the produce of the Sabbatical year] for eating and drinking? One should eat those foods that are normally eaten and drink the beverages that are normally drunken, as is the law with regard to terumah and the second tithe.5See Hilchot Terumah, ch. 11, and Hilchot Ma'aser Sheni, ch. 3, for more particulars concerning these laws.
ג׳וְלֹא יְשַׁנֶּה פֵּרוֹת מִבְּרִיָּתָן כְּדֶרֶךְ שֶׁאֵינוֹ מְשַׁנֶּה בִּתְרוּמָה וּמַעֲשֵׂר שֵׁנִי. דָּבָר שֶׁדַּרְכּוֹ לֶאֱכֹל חַי לֹא יֹאכְלֶנּוּ מְבֻשָּׁל. וְדָבָר שֶׁדַּרְכּוֹ לְהֵאָכֵל מְבֻשָּׁל אֵין אוֹכְלִין אוֹתוֹ חַי. לְפִיכָךְ אֵין שׁוֹלְקִין אָכֳלֵי בְּהֵמָה וְאֵינוֹ מְטַפֵּל לֶאֱכֹל תַּבְשִׁיל שֶׁנִּפְסַד וְהַפַּת שֶׁעִפְּשָׁה כְּדֶרֶךְ שֶׁאֵינוֹ אוֹכֵל בִּתְרוּמָה וּמַעֲשֵׂר:
3He should not change the natural function of produce as he does not with regard to terumah and the second tithe, i.e., something that is normally eaten raw should not be eaten cooked. Something that is normally eaten cooked should not be eaten raw. For this reason, animal fodder6Which is usually eaten raw. should not be cooked, nor should one press himself to eat a cooked dish that has spoiled or bread that has become moldy, as he does not eat such foods that are terumah or the second tithe.7See Hilchot Ma'aser Sheni 3:11 which states: "We do not require a person to eat bread that has become moldy or oil that has become rancid. Instead, as soon as it has become spoiled to the point that it is not fit for human consumption, its holiness has departed from it."
ד׳וְאֵין מְבַשְּׁלִין יָרָק שֶׁל שְׁבִיעִית בְּשֶׁמֶן תְּרוּמָה שֶׁלֹּא יְבִיאֶנּוּ לִידֵי פְּסוּל. וְאִם בִּשֵּׁל מְעַט וַאֲכָלוֹ מִיָּד מֻתָּר שֶׁהֲרֵי לֹא הִנִּיחָן כְּדֵי לָבוֹא לִידֵי פְּסוּל:
4We do not cook vegetables from the Sabbatical year in oil that is terumah lest it disqualify it.8In his Commentary to the Mishnah (Sh'vi'it 8:7), the Rambam describes this concept as follows: When terumah becomes ritually impure, it is disqualified and forbidden to be eaten. Now if the oil becomes ritually impure, it will disqualify the vegetable that was cooked in it and require that it be destroyed. Thus one will have caused the produce of the Sabbatical year to be destroyed unnecessarily. If one cooked a little and ate it immediately, it is permitted,9The Kessef Mishneh explains that the Rambam's wording should not be interpreted as implying that only after the fact, once one has cooked the vegetable in the oil, one may partake of it. Instead, this is permitted at the outset. because he did not leave it aside so that it become disqualified.
ה׳פֵּרוֹת הַמְיֻחָדִין לְמַאֲכַל אָדָם אֵין מַאֲכִילִין אוֹתָן לִבְהֵמָה לְחַיָּה וּלְעוֹפוֹת. הָלְכָה הַבְּהֵמָה מֵאֵלֶיהָ לְתַחַת הַתְּאֵנָה וְאָכְלָה אֵין מְחַיְּבִין אוֹתוֹ לְהַחְזִירָהּ שֶׁנֶּאֱמַר (ויקרא כה ז) "וְלִבְהֶמְתְּךָ וְלַחַיָּה אֲשֶׁר בְּאַרְצֶךָ תִּהְיֶה כָל תְּבוּאָתָהּ לֶאֱכֹל":
5Produce that is set aside for human consumption should not be fed to domesticated animals, beasts, and fowl. If an animal went under a fig tree under its own initiative and began eating the fruit, we do not require [the owner] to bring it back, for [Leviticus 25:7] states: "And for the animal and the beast in your land shall be all the produce to eat."10Implying that the produce of the Sabbatical year may be eaten by animals.
ו׳לְסִיכָה כֵּיצַד. לָסוּךְ דָּבָר שֶׁדַּרְכּוֹ לָסוּךְ. לֹא יָסוּךְ יַיִן וְחֹמֶץ אֲבָל סָךְ הוּא אֶת הַשֶּׁמֶן. וְלֹא יְפַטֵּם אֶת הַשֶּׁמֶן. וְלֹא יָסוּךְ בַּמֶּרְחָץ אֲבָל סָךְ הוּא מִבַּחוּץ וְנִכְנָס:
6What is meant by [the license to] smear oneself [with produce from the Sabbatical year]? One may smear oneself with produce with which it is common to smear oneself. He should not smear wine or vinegar, but he may smear oil.11Even though oil is primarily used as food, it is also common to smear it on one's flesh (Radbaz). Wine or vinegar, by contrast, are generally not applied as ointments. See Hilchot Ma'aser Sheni, loc. cit. We do not place fragrant herbs in oil,12Because doing so removes it from the category of food and makes it oil for smearing (Hilchot Terumah 11:3). nor should one apply oil in a bathhouse.13For applying oil that is holy in a place where people are unclothed is an act of disrespect. He may, however, apply oil outside and then enter.14Since the oil is already absorbed in one's skin.
ז׳שֶׁמֶן שֶׁל שְׁבִיעִית אֵין חוֹסְמִין בּוֹ תַנּוּר וְכִירַיִם. וְאֵין סָכִין בּוֹ מִנְעָל וְסַנְדָּל. וְאֵין סָכִין אוֹתוֹ בְּיָדַיִם טְמֵאוֹת. נָפַל עַל בְּשָׂרוֹ מְשַׁפְשְׁפוֹ בְּיָדַיִם טְמֵאוֹת. וְלֹא יָסוּךְ רַגְלוֹ בְּתוֹךְ הַמִּנְעָל. אֲבָל סָךְ הוּא רַגְלוֹ וְלוֹבֵשׁ הַמִּנְעָל. וְסָךְ גּוּפוֹ וּמִתְעַגֵּל עַל גַּבֵּי קַטַבְלִיָא:
7Oil from the Sabbatical year should not be used to seal an oven or a range,15For this will be using it for a purpose other than a person's direct physical benefit. nor should it be applied to a shoe or a sandal.16This strengthens the sandal, but does not provide a person with direct physical benefit. One should not apply [such oil] with impure hands.17The intent is not necessarily impure hands, but any hands that one has not watched carefully to make sure that they are pure. For if one touches oil with such hands, it becomes impure by Rabbinic decree (Hilchot Sha'ar Avot HaTuma'ah 8:8-10). Making the oil impure would reduce the number of people who could partake of it. Hence, it is improper to do so. If the oil fell on his flesh, he may rub it in with impure hands.18For once the oil has been applied to one's flesh, there is no difficulty in it becoming impure, because its sacred quality is divested. See parallels in Hilchot Terumah 11:7. One should not apply [such] oil to his foot while it is in a shoe,19Because the oil will be applied to the shoe directly. He may, however, smear [such oil] on his foot and put on a shoe or smear his entire body and then roll on a new [leather] mat.20Even though the oil will be applied indirectly to the shoe or the mat, that does not present a difficulty, because as above, once it has been applied to his flesh, its sacred quality is divested.
ח׳לְהַדְלָקַת הַנֵּר כֵּיצַד. שֶׁמַּדְלִיק אֶת הַנֵּר בְּשֶׁמֶן שְׁבִיעִית עַצְמוֹ. מְכָרוֹ וְלָקַח בּוֹ שֶׁמֶן אַחֵר אוֹ שֶׁהֶחְלִיף שֶׁמֶן בְּשֶׁמֶן שְׁנֵיהֶם אֲסוּרִים בְּהַדְלָקָה. שֶׁאֵין מַדְלִיקִין בִּדְמֵי שְׁבִיעִית. וְלֹא יִתֵּן הַשֶּׁמֶן לְתוֹךְ הַמְּדוּרָה אֶלָּא מַדְלִיקוֹ בְּנֵר:
8What is meant by [the license to] kindle a lamp [with produce from the Sabbatical year]? One may kindle a lamp with oil from the Sabbatical year itself. If one sold [oil from the Sabbatical year] and used the proceeds21As stated in Halachah 12, it is permitted to sell produce of the Sabbatical year that is fit for human consumption and use the proceeds to purchase other food. One may not, however, use such proceeds for other purposes even though they benefit man. to purchase other oil or exchanged [oil from the Sabbatical year] for other oil,22In which instance, the oil for which the oil from the Sabbatical year was exchanged receives the status of produce of the Sabbatical year (see Chapter 6, Halachot 6-7). they are both forbidden to be used for kindling, for we may not use money received in return for the produce of the Sabbatical year for kindling.23One may use oil from the Sabbatical year for kindling, because this is a function for which that produce is ordinarily used. Nevertheless, oil is considered primarily as food fit for human consumption. Hence, the proceeds from its sale or exchange may be used for that purpose alone.One should not place oil directly into a fire.24It is not common practice to pour oil into a fire. Hence, although license is given to kindle with oil, one may do so only in the ordinary manner. Instead, one should light it in a lamp.25For this is the ordinary practice.
ט׳לִצְבִיעָה כֵּיצַד. דְּבָרִים שֶׁדַּרְכָּן לִצְבֹּעַ בָּהֶן אַף עַל פִּי שֶׁהֵן מַאַכְלֵי אָדָם צוֹבְעִין בָּהֶן לְאָדָם. אֲבָל אֵין צוֹבְעִין לִבְהֵמָה מִפֵּרוֹת שְׁבִיעִית אֲפִלּוּ מַאַכְלֵי בְּהֵמָה. שֶׁאֵין קְדֻשַּׁת שְׁבִיעִית חָלָה עַל צִבְעֵי בְּהֵמָה:
9What is meant by [the license to use produce from the Sabbatical year] for dyeing? Produce which is ordinarily used as dye even though it is also used as food for people may be used as dye for man's sake.26As the continuation of the Rambam's words imply, the dye is then considered as imbued with the holiness of the Sabbatical year. We may not, however, use the produce of the Sabbatical year - even animal fodder - as dye for the sake of an animal. For the holiness of the Sabbatical year does not rest on dye for animals.
י׳מִינֵי כִּבּוּסִים כְּגוֹן בֹּרִית וְאָהָל קְדֻשַּׁת שְׁבִיעִית חָלָה עֲלֵיהֶן וּמְכַבְּסִין בָּהֶן שֶׁנֶּאֱמַר (ויקרא כה ו) "וְהָיְתָה שַׁבַּת הָאָרֶץ לָכֶם" לְכָל צָרְכֵיכֶם. אֲבָל אֵין מְכַבְּסִין בְּפֵרוֹת שְׁבִיעִית וְאֵין עוֹשִׂין מֵהֶם מְלוּגְמָא שֶׁנֶּאֱמַר וְהָיְתָה שַׁבַּת הָאָרֶץ לָכֶם לְאָכְלָה וְלֹא לִמְלוּגְמָא וְלֹא לְזִלּוּף וְלֹא לְהָקִיא וְלֹא לְמִשְׁרָה וְלֹא לִכְבִיסָה:
10The holiness of the Sabbatical year falls on [natural] detergents - e.g., borit and ehel,27Two plants with natural alcalic properties that make them fit for use as detergents. - and we may launder with them,28For this is their primary use. as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours," i.e., for all your needs. Nevertheless, the fruit of the Sabbatical year should not be used as a detergent,29Since fruit is primarily used as food, it is improper to use it for any other purpose. nor should it be used to produce a compress,30In his Commentary to the Mishnah (Sh'vi'it 8:1), the Rambam explains the derivation of the word milugma. It is a composite of the words molei lugma, meaning "cheekful." It was common to chew kernels of wheat, figs, or other produce, and then place them on wounds. Since the primary use of such produce is food, it cannot be used for these purposes. for [the above verse] states: "...shall be yours to eat,"31The explanation is dependent on the principle stated in the following halachah. i.e., and not for a compress, nor to sprinkle,32Liquids were occasionally sprinkled over wounds to induce clotting. induce regurgitation, soak flax, or use as a detergent.
י״אכְּלָל גָּדוֹל אָמְרוּ בְּפֵרוֹת שְׁבִיעִית. כָּל שֶׁהוּא מְיֻחָד לְמַאֲכַל אָדָם כְּגוֹן חִטִּים תְּאֵנִים וַעֲנָבִים וְכַיּוֹצֵא בָּהֶן אֵין עוֹשִׂין מִמֶּנּוּ מְלוּגְמָא אוֹ רְטִיָּה וְכַיּוֹצֵא בּוֹ אֲפִלּוּ לְאָדָם שֶׁנֶּאֱמַר (ויקרא כה ו) "לָכֶם לְאָכְלָה" כָּל שֶׁהוּא מְיֻחָד לָכֶם יִהְיֶה לְאָכְלָה וְלֹא לִרְפוּאָה. וְכָל שֶׁאֵינוֹ מְיֻחָד לְמַאֲכַל אָדָם כְּגוֹן קוֹצִין וְדַרְדָּרִין הָרַכִּים עוֹשִׂין מֵהֶן מְלוּגְמָא לְאָדָם אֲבָל לֹא לִבְהֵמָה. וְכָל שֶׁאֵינוֹ מְיֻחָד לֹא לָזֶה וְלֹא לָזֶה כְּגוֹן הַסְּאָה וְהָאֵזוֹב וְהַקּוֹרָנִית הֲרֵי הוּא תָּלוּי בְּמַחֲשַׁבְתּוֹ. חָשַׁב עָלָיו לְעֵצִים הֲרֵי הוּא כְּעֵצִים. לַאֲכִילָה הֲרֵי הוּא כְּפֵרוֹת. לְמַאֲכַל אָדָם וּלְמַאֲכַל בְּהֵמָה נוֹתְנִין עָלָיו חֻמְרֵי מַאֲכַל אָדָם, שֶׁאֵין עוֹשִׂין מֵהֶן מְלוּגְמָא. וְחֻמְרֵי מַאֲכַל בְּהֵמָה שֶׁאֵין שׁוֹלְקִין אוֹתוֹ:
11A great principle was stated with regard to the produce of the Sabbatical year: Whatever is distinguished as being for human consumption, e.g., wheat, figs, grapes, and the like, should not be used as a compress or a bandage, even for a person, as implied by the phrase: "yours to eat," i.e., whatever is distinguished as being for you, should be used as food33And for no other purpose, even if it is beneficial to man. and not for medicinal purposes. Anything that is not distinguished as being for human consumption, e.g., soft thorns and brambles, may be used as a compress for a person, but not for an animal.34I.e., it may be used for a purpose that brings man benefit.If it is not distinguished as being for either of the above purposes - e.g., za'ater, oregano,35Our translation is based on Rav Kappach's notes to the Rambam's Commentary to the Mishnah (loc. cit.). Others render it as "hyssop." and thyme,36In his Commentary to the Mishnah, the Rambam explains that these are herbs that are used both as spices and for medicinal purposes. [the ruling depends] on the person's intent. If he thought to use it as kindling wood, it is considered as kindling wood.37And the holiness of the Sabbatical year does not rest upon it. If he intended that it be used as food [for humans], it is considered as produce.38And is infused with that holiness.If it is distinguished as being for both of the above purposes, we treat it with both the stringencies incumbent on food for humans - and compresses are not made with it - and those incumbent on animal fodder - that they may not be cooked.39This represents a change in the Rambam's thinking from his initial version of his Commentary to the Mishnah (loc. cit.) in which he states that the stringency involved with animal fodder is that it can only be eaten during the time the produce is available in the field. In the final version of the Commentary to the Mishnah, he adopts the position stated here that is based on the Jerusalem Talmud.
י״במֻתָּר לִמְכֹּר אָכֳלֵי אָדָם וְאָכֳלֵי בְּהֵמָה וְלִקַּח בָּהֶם אָכֳלֵי אָדָם. אֲבָל אֵין מוֹכְרִין אָכֳלֵי בְּהֵמָה לִקַּח בָּהֶם אָכֳלֵי בְּהֵמָה אַחֶרֶת. וְאֵין צָרִיךְ לוֹמַר שֶׁאֵין מוֹכְרִין אָכֳלֵי אָדָם לִקַּח בָּהֶם אָכֳלֵי בְּהֵמָה. וְאִם לָקַח בָּהֶן אוֹ הֶחְלִיף בָּהֶן אָכֳלֵי אָדָם בְּאָכֳלֵי בְּהֵמָה הֲרֵי הֵן כְּאָכֳלֵי אָדָם שֶׁאֵין עוֹשִׂין מֵהֶן מְלוּגְמָא לָאָדָם:
12It is permitted to sell food for humans and animal fodder and use the proceeds to purchase food for humans. We may not, however, sell animal fodder to purchase other animal fodder.40As stated in the notes to Halachah 8, when the produce from the Sabbatical year is sold, the proceeds from the sale may be used only for the purchase of food for humans. Needless to say, we may not sell food for humans to purchase animal fodder. If [animal fodder] was purchased with [such produce] or food for humans was exchanged for animal fodder, [the animal fodder] is considered like food for humans and it may not be used to make a compress for a person.
י״גפֵּרוֹת שְׁבִיעִית אֵין מוֹצִיאִין אוֹתָן מֵהָאָרֶץ לְחוּצָה לָאָרֶץ וַאֲפִלּוּ לְסוּרְיָא. וְאֵין מַאֲכִילִין אוֹתָן לֹא לְעַכּוּ"ם וְלֹא לְשָׂכִיר. וְאִם הָיָה שְׂכִיר שַׁבָּת אוֹ שְׂכִיר שָׁנָה אוֹ שְׂכִיר חֹדֶשׁ אוֹ שֶׁקָּצַץ מְזוֹנוֹתָיו עָלָיו הֲרֵי הוּא כְּאַנְשֵׁי בֵּיתוֹ וּמַאֲכִילִין אוֹתוֹ. וּמַאֲכִילִין אֶת הָאַכְסַנְיָא פֵּרוֹת שְׁבִיעִית:
13The produce of the Sabbatical year may not be transported from Eretz Yisrael to the Diaspora, not even to Syria.41This is a decree imposed so that there will not be a dearth of produce in Eretz Yisrael. See Chapter 7, Halachah 12, which states what should be done if such produce is brought to the Diaspora. It cannot be fed to a gentile,42This is derived from Leviticus 25:6 which states that the produce of the Sabbatical year "shall be yours to eat." Implied is that it is for "you" and not for gentiles. nor to a hired worker.43This is referring to a worker hired only for a day(s). Since he is hired for only a short time, it appears as if the person is paying his debt with the produce of the Sabbatical year which is forbidden, see Chapter 6, Halachah 11. If he was hired for an entire week, an entire year, or an entire month or an agreement regarding his food was established, he is considered as a member of one's household and he may be fed [the produce of the Sabbatical year]. We may feed a guest44Rav Yosef Corcus states that this and the above clause even refer to a gentile guest or worker. the produce of the Sabbatical year.45This is not considered as paying a debt.
י״דאֵין בֵּית דִּין פּוֹסְקִין לְאִשָּׁה פֵּרוֹת שְׁבִיעִית. מִפְּנֵי שֶׁזֶּה כִּמְשַׁלֵּם חוֹב מִפֵּרוֹת שְׁבִיעִית. אֲבָל נִזּוֹנֶת הִיא מִשֶּׁל בַּעְלָהּ:
14The court does not allot produce of the Sabbatical year to a woman,46This halachah is referring to a woman whose husband traveled to a distant place without leaving his wife adequate support. If she approaches the court, the court expropriates property belonging to her husband and sells it to provide for her support. See Hilchot Ishut 12:16. because this is considered as paying a debt with the produce of the Sabbatical year.47For the husband is liable for her support. She may, however, take her livelihood from [produce of the Sabbatical year] in her husband's possession.48Since she has access to the household provisions, it is not considered as if someone is paying the debt to her (Rav Yosef Corcus).
ט״ואֵין אוֹסְפִין פֵּרוֹת שְׁבִיעִית כְּשֶׁהֵן בֹּסֶר שֶׁנֶּאֱמַר (ויקרא כה יב) "תֹּאכְלוּ אֶת תְּבוּאָתָהּ" אֵינָהּ נֶאֱכֶלֶת עַד שֶׁתֵּעָשֶׂה תְּבוּאָה. אֲבָל אוֹכֵל מֵהֶן מְעַט בַּשָּׂדֶה כְּשֶׁהֵם פַּגִּין כְּדֶרֶךְ שֶׁאוֹכֵל בִּשְׁאָר שְׁנֵי שָׁבוּעַ. וְלֹא יַכְנִיס לֶאֱכֹל בְּתוֹךְ בֵּיתוֹ עַד שֶׁיַּגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת:
15We do not harvest the produce of the Sabbatical year when it is not yet ripe.49I.e., before it reaches one third of its growth. Until that point, they are unfit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)]. [This is derived from Leviticus 25:12 which states:] "And you shall partake of its produce," [implying that the fruits] may not be eaten until they are considered as produce.50I.e., until they have ripened. One may, however, partake of a small amount of them in the field while they are underdeveloped, as one partakes [of such produce] in other years.51For it is also common practice to taste a small amount of fruit in the field even in its very early stages of ripening (ibid.). One should not bring the produce into one's home until it reaches the stage when the obligation to separate tithes takes effect.52I.e., until the produce reaches one third of its development (Hilchot Ma'aserot 2:3). That would reflect a further stage of development.
ט״זוּמֵאֵימָתַי יִהְיֶה מֻתָּר לֶאֱכֹל פֵּרוֹת הָאִילָן בַּשָּׂדֶה בַּשְּׁבִיעִית. הַפַּגִּין שֶׁל תְּאֵנִים מִשֶּׁיַּזְרִיחוּ אוֹכֵל בָּהֶן פִּתּוֹ בַּשָּׂדֶה. וְכֵן כָּל כַּיּוֹצֵא בָּהֶן. הַבֹּסֶר מִשֶּׁיּוֹצִיא מַיִם וְאוֹכְלוֹ בַּשָּׂדֶה. וְכֵן כָּל כַּיּוֹצֵא בּוֹ. הַזֵּיתִים מִשֶּׁיִּכְנְסוּ סְאָה שֶׁל זֵיתִים רְבִיעִית שֶׁמֶן פּוֹצֵעַ וְאוֹכֵל בַּשָּׂדֶה. הִכְנִיסוּ חֲצִי לוֹג כּוֹתֵשׁ וְסָךְ בַּשָּׂדֶה. הִכְנִיס שְׁלִישׁ מֻתָּר לְהַכְנִיס לְבֵיתוֹ שֶׁהֲרֵי הִגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת:
16From when is it permitted to partake of the fruit of trees in the field in the Sabbatical year? With regard to underdeveloped figs, when their surface will become shiny,53At that time, their surface becomes smooth and there is a certain amount of sap inside them [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)]. At this stage of development, it is ordinary practice for a person in the field to taste a small amount of the fruit. he may eat his bread with them in the field. The same applies in all analogous situations With regard to underdeveloped grapes,54Our translation of the terms in this clause is based on the Rambam's Commentary to the Mishnah (Shivi'it 4:8). when sap flows in them, they may be eaten in the fields. Similar laws apply in all analogous situations.With regard to olives, when a se'ah of olives would produce a revi'it of a log55A revi'it of a log is 86 cc according to Shiurei Torah and 150 cc according to Chazon Ish. of oil, one may break them open56This is the ordinary way in which olives are eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:9)], for there is a bitter liquid beneath this covering. and eat them in the fields.57At this stage of development, the amount of oil produced is not significant enough for one to smear himself with it. [If such an amount of olives] would produce half a log [of oil], one may crush them and smear oneself in the field. [If they reach the stage where they] produce one third [of the amount they ordinarily produce], it is permitted to bring them to his home, because they have reached a third of their growth.
י״זמֻתָּר לָקֹץ אִילָנוֹת לְעֵצִים בַּשְּׁבִיעִית קֹדֶם שֶׁיִּהְיֶה בָּהֶן פְּרִי. אֲבָל מִשֶּׁיַּתְחִיל לַעֲשׂוֹת פְּרִי לֹא יָקֹץ אוֹתוֹ שֶׁהֲרֵי מַפְסִיד הָאֹכֶל וְנֶאֱמַר (ויקרא כה ו) "לָכֶם לְאָכְלָה" וְלֹא לְהֶפְסֵד. וְאִם הוֹצִיא פֵּרוֹת וְהִגִּיעוּ לְעוֹנַת הַמַּעַשְׂרוֹת מֻתָּר לָקֹץ אוֹתוֹ שֶׁהֲרֵי הוֹצִיא פֵּרוֹתָיו וּבָטֵל דִּין שְׁבִיעִית מִמֶּנּוּ:
17It is permitted to cut down trees for their wood in the Sabbatical year, before they produce fruit. Once they have begun to produce fruit, however, they should not be cut down, for doing so spoils [the fruit], and [the fruit of the Sabbatical year is granted] "to eat,"58Leviticus 25:6. As stated in Halachah 10, this phrase is also an exclusion, preventing the use of the produce for other purposes. and not to spoil.59In his Commentary to the Mishnah (Shivi'it 4:10), the Rambam writes that cutting the trees down at this stage of the fruits' development is forbidden, because it is tantamount to theft. For the fruit was granted to people at large and by cutting down the tree, other people are prevented from harvesting it. If it produced fruit and they reached the stage at which an obligation to separate tithes exists, it is permitted to cut them down, for it has already produced its fruit and the laws of the Sabbatical year no longer apply to it.60It was permitted to harvest the fruit from this stage of development. Since people already had the opportunity of harvesting it and failed to do so, it is not forbidden to destroy the tree.In his Commentary to the Mishnah (loc. cit.), the Rambam clarifies that we are speaking about a situation where the tree does not produce a large amount of produce and hence, it is permitted to cut it down and use it for wood. Otherwise, it is forbidden to cut down a fruit tree. See Hilchot Melachim 6:8-9.
י״חוּמֵאֵימָתַי אֵין קוֹצְצִין הָאִילָן בַּשְּׁבִיעִית. הֶחָרוּבִין מִשֶּׁיְּשַׁלְשֵׁלוּ. וְהַגְּפָנִים מִשֶּׁיִּגָּרְעוּ. וְהַזֵּיתִים מִשֶּׁיָּנֵצּוּ. וּשְׁאָר כָּל הָאִילָנוֹת מִשֶּׁיּוֹצִיאוּ בֹּסֶר. וְאֵין קוֹצְצִין אֶת הַכָּפְנִיּוֹת בַּשְּׁבִיעִית מִפְּנֵי שֶׁהוּא הֶפְסֵד פְּרִי. וְאִם אֵין דַּרְכָּן לְהֵעָשׂוֹת תְּמָרִים אֶלָּא שִׁיצִין מֻתָּר לָקֹץ אוֹתָן כָּפְנִיּוֹת:
18From when is it forbidden to cut down a tree in the Sabbatical year?61I.e., when does the initial stage of development mentioned in the previous halachah begin for various types of fruit. For carobs, when a chain of carobs will be formed.62The interpretation of this clause offered by standard published text of the Rambam's Commentary to the Mishnah (loc. cit.) is somewhat confusing. See Rav Kappach's translation. It is the source for our translation of the following clauses. For grapes, when the fruit produces seeds. For olives, when they bud. For all other fruit trees, when they produce underdeveloped fruit.It is forbidden to cut off underdeveloped clusters of dates63Our translation is dependent on the gloss of the Radbaz and Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Orlah 1:9). in the Sabbatical year, because one is spoiling the fruit. If these clusters will not produce dates, merely buds, it is permitted to cut off those clusters.64The Radbaz explains that this is referring to a species of dates that never produces edible fruit, but the clusters themselves are eaten like hearts of palms.
י״טאֵין שׂוֹרְפִין תֶּבֶן וְקַשׁ שֶׁל שְׁבִיעִית מִפְּנֵי שֶׁהוּא רָאוּי לְמַאֲכַל בְּהֵמָה. אֲבָל מַסִּיקִין בְּגֶפֶת וּבְזַגִּין שֶׁל שְׁבִיעִית:
19We may not use hay and straw of the Sabbatical year for kindling,65The Kessef Mishneh explains that this license is derived through a process of deduction. Shivi'it 9:7 states that the hay and straw of the Sabbatical year may not be used for kindling until the second rain of the eighth year descends. Thus one can obviously conclude that it was forbidden to use them previously. because it is fit for animal fodder.66Hence it should be used for that purpose; see Halachah 3. We may, however, use the wastes of olives and grapes of the Sabbatical year for fuel.67For they are not useful for any other purposes.
כ׳מֶרְחָץ שֶׁהֻסְּקָה בְּתֶבֶן וּבְקַשׁ שֶׁל שְׁבִיעִית מֻתָּר לִרְחֹץ בָּהּ בְּשָׂכָר. וְאִם אָדָם חָשׁוּב הוּא אָסוּר שֶׁמָּא יַסִּיקוּ בָּהּ דְּבָרִים אֲחֵרִים בִּשְׁבִילוֹ כְּדֵי שֶׁיִּהְיֶה רֵיחָהּ נוֹדֵף. וְנִמְצְאוּ מַפְסִידִין פֵּרוֹת שְׁבִיעִית:
20When a bathhouse has been heated with hay and straw of the Sabbatical year, it is permitted to bathe there68Seemingly, this halachah contradicts the preceding one. Since it is forbidden to use hay and straw from the Sabbatical year for kindling, one would think that it is forbidden to bathe in water heated through such a fire. Why then is bathing in such a bathhouse permitted?The Kessef Mishneh first states that license to use the bathhouse is only granted after the fact. At the outset, one should not use such hay and straw for this purpose. Alternatively, he explains - as does the Radbaz - that there is no difficulty in using such hay and straw for this purpose, for just as animal fodder of the Sabbatical year can be used to make a compress for a person (Halachah 11), it can be used to heat a bath for him. [even] when payment is required.69The Kessef Mishneh offers this interpretation, resolving the question posed by the Ra'avad who had objected to granting license to use such hay and straw when payment is taken, for that resembles selling the produce of the Sabbatical year as merchandise which is forbidden (Chapter 6, Halachah 1). The Kessef Mishneh explains that the prohibition against selling the produce of the Sabbatical year involves only selling food. An important person, however, is forbidden to do so, lest they also mix other [herbs]70That are fit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 8:11)]. into the kindling for him, so that it will produce a fragrant scent.71The Rambam is explaining the rationale for the restriction stated in the above mishnah. Others maintain that the rationale is that an important person should not rely on the leniency and, instead, should be stringent not to derive even such benefit from the produce of the Sabbatical year. Thus they will destroy the produce of the Sabbatical year.72Instead of using them as food.
כ״אהַקְּלִפִּין וְהַגַּרְעִינִין שֶׁמֻּתָּרִין בִּתְרוּמָה לְזָרִים אֵין קְדֻשַּׁת שְׁבִיעִית חָלָה עֲלֵיהֶם וַהֲרֵי הֵן כְּעֵצִים אֶלָּא אִם כֵּן רְאוּיִין לִצְבִיעָה. וְהַקּוֹר קְדֻשַּׁת שְׁבִיעִית חָלָה עָלָיו:
21The holiness of the produce of the Sabbatical year does not fall on the types of shells and seeds that are permitted to non-priests with regard to terumah.73See Hilchot Terumah 11:10-11. The Radbaz explains that this can be derived from a logical inference. If leniency was granted with regard to terumah which is punishable by death, surely, it should be granted with regard to the Sabbatical year, for its prohibitions are not punishable as severely. Instead, they are considered like wood, unless they are fit for dyeing.74In which instance the holiness of the Sabbatical year falls upon them, as stated in Halachah 9. The holiness of the Sabbatical year falls on the hearts of palms.75For there are many who eat this type of produce as food, while it is soft. See Hilchot Berachot 8:6. Needless to say, if it hardens to the point it is no longer edible, it is considered as mere wood (Radbaz).
כ״בהַצּוֹרֵר תַּבְלִין שֶׁל שְׁבִיעִית וְנוֹתֵן לְתוֹךְ הַתַּבְשִׁיל. אִם בָּטֵל טַעְמָן הֲרֵי אֵלּוּ מֻתָּרִין לְכָל דָּבָר. וְאִם נִשְׁאַר בָּהֶן טַעַם עֲדַיִן הֵם בִּקְדֻשַּׁת שְׁבִיעִית:
22[The following rules apply when a person] places spices from the Sabbatical year in a wrapping and inserts them into cooked food. If their flavor is nullified,76Since the spices were placed in a wrapping, they could be removed from the food after it was cooked. Their status depends on whether their flavor is retained or not. they are permitted.77The holiness of the Sabbatical year does not rest upon them, for they no longer are considered as food. If they retain their flavor, the holiness of the Sabbatical year is still invested in them.
כ״גאֵין נוֹתְנִין תֶּבֶן וְקַשׁ שֶׁל שְׁבִיעִית לֹא לְתוֹךְ הַכַּר וְלֹא לְתוֹךְ הַטִּיט. וְאִם נָתַן הֲרֵי זֶה כִּמְבֹעָר. תַּנּוּר שֶׁהִסִּיקוּהוּ בְּתֶבֶן וּבְקַשׁ שֶׁל שְׁבִיעִית יוּצַן. וּמִשֶּׁתֵּרֵד רְבִיעָה שְׁנִיָּה בְּמוֹצָאֵי שְׁבִיעִית נֶהֱנִין וְשׂוֹרְפִין בְּתֶבֶן וּבְקַשׁ שֶׁל שְׁבִיעִית:
23Straw and hay from the Sabbatical year should not be placed in a pillow or in mud.78I.e., to use the mud for building. Since the straw and hay are fit for use as animal fodder, it is improper to use them for purposes that do not bring direct benefit to man or animals. If one did place them there, they are considered as if they have been destroyed.79Because they are no longer suitable for use as animal fodder. The Ra'avad [based on the Jerusalem Talmud (Shivi'it 9:7)] states that one must actually sleep on the pillow, for the status of the straw to change. The commentaries note, however, that the Tosefta (Shivi'it 5:11) does not make such a qualification. When an oven has been heated with straw and hay from the Sabbatical year, it should be allowed to cool.80I.e., one should not cook in it while it is hot, so as not to benefit from the kindling of the produce of the Sabbatical year. The license granted in Halachah 20 is not appropriate here, because in this instance, the person is not receiving direct benefit from the burning of the straw (Radbaz).Once the second wave of rains81In his Commentary to the Mishnah (Pe'ah 8:1), the Rambam explains that, in Eretz Yisrael, there is one wave of rain at the end of the summer. Afterwards at the beginning of the winter - i.e., depending on the year, between the seventeenth of Cheshvan and the first of Kislev, there is a second wave of rains which are very important for the success of the crops of that land. descend in the eighth year, we are allowed to benefit from straw and hay of the Sabbatical year and use it for kindling.82The Jerusalem Talmud (Shivi'it 9:7) explains that from the time the rain descends, the straw in the field is no longer fit for an animal to eat. Therefore, there is no longer any restriction on using the straw in one's home.