Audio by Dr. Michael Sokolow
|פרק ה - משנה ו|
|הרואה ירק בכרם||One who sees a vegetable in his vineyard|
|ואומר כשאגיע לו אלקטנו||and says "when I get up to it I will cut it"|
|מותר||this is permissible|
|כשאחזור לו אלקטנו||[but if he were to say' "when I get back to it I will cut it"|
|אם הוסיף במאתיים||if it grows by one two-hundredth (0.5%)|
|אסור||it is forbidden|
|פרק ה - משנה ז|
|היה עובר בכרם||If one was passing through a vineyard|
|ונפלו ממנו זרעים||and seeds dropped from him,|
|או שיצאו עם הזבלים||or [seeds] were released with manure,|
|או עם המים||or with water,|
|הזורע וסיערתו הרוח לאחריו||or if one was planting and the wind blew [seeds] behind him,|
|מותר||it is permissible|
|סיערתו הרוח לפניו||if the wind blew [seeds] in front of him|
|רבי עקיבה אומר||R' Akiva says|
|אם עשבים יופך||if they are grasses he should turn them over,|
|ואם אביב ינפץ||and if they begin to ripen he must shake them out|
|ואם הביאה דגן תידלק||and if it has formed produce it must be burned|
כשאגיע לו אלקטנו - A necessary element for the אסור of כלאים is a modicum of approval. Therefore, if upon discovery one intends to remove such a mixture it does not create any prohibition, even if it grew between the time of discovery and its removal. The משנה ראשונה points out that פשוט פשט in this משנה is that it was out of his reach when discovered. However the ירושלמי brings ר' יוסי בר חנינא who says that he was working (presumably in the vineyard) at the time it was discovered, if not for which he would be able to remove it immediately. The גמרא there goes on to say that if he were merely standing idly by he must immediately remove it or else it is as if it had his approval. The משנה ראשונה speculates that perhaps according to ריב"ח there would be no need for the משנה to tell me that if someone discovers כלאים but it is out of his immediate reach, no אסור is created if it is not removed until physically possible to do so (cf. משנה ז), as in any even it cannot yet be deemed acceptable to him. The כסף משנה notes [פרק ה הלכה ט] however that the רמב"ם appears to follow the פשוט פשט of our משנה for reasons he cannot discern.
אם הוסיף במאתיים - This is the שיעור for ביטול of כלאים. According to the רמב"ם, it is a measure of time determined by harvesting a similar plant and determining how long it takes to dry up, which number is divided by 200. The ראב"ד notes that this can be accomplished much more quickly with such a sample by weighing it immediately after it is harvested, and then again a half hour later, by which one can determine it's rate of weight loss. Apparently, according to these ראשונים, a plant's shrinkage rate after harvest is equal to its rate of growth.
או שיצאו עם הזבלים - I.e. while he was fertilizing.
סיערתו - The שינויי בוסחאות brings a גירסא that reads "סיעתו", that is to say, the wind helped him. According to this, our משנה is dealing with a case where he intentionally used the wind to plant seeds in his field, but some landed in his vineyard.
הזורע וסיערתו הרוח לאחריו - Because it is blown behind him, he does not see it as it happens
לפניו - So that he sees it.
אם עשבים יופך - This destroys them.
אביב - Less than 1/3.
ינפץ - That is to say, the kernels are shaken out and thereby destroyed, according to the רע"ב the stalk is מותר, but תוי"ט says the only reason it is left alone is because at this stage of its growth it is too moist to burn.
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