SigPhi · Tanakh

The Mishnah

Page 7 of 109

1 Last year’* harvest. Produce of the current year is forbidden unless the Omer has first been reaped and offered. See Men. 10*; App. 1.31.

1 Whose bread must be deemed demos-produce. J Designate but not separate.

4 See p. 83, n. 1. s This Mishnah is not concerned with demoj-produce.

6 i.e. the remaining two hundredths of the whole.

4. If a man bought from a bread shop he should give Tithe from each separate kind. So R. Meir. R. Judah says: [He may give tithe] from one for them all. R. Judah agrees that if a man bought from a dealer1 that buys from many bakers, he must give Tithe from every kind.2 5. If a man bought from the poor (so, too, if a poor man is given pieces of bread or fragments of fig-cake) he must give Tithe from every kind; but if [he bought] dates and dried figs he may mix them together and [then] give Tithe. R. Judah said: This applies when the gift is large; but when the gift is small he must give Tithe from every kind.

6. If a man bought from a provision-dealer and bought from him again a second time, he may not give Tithe from the one purchase for the other, although they are from the same store-basket or of the same kind. But the provision-dealer may be believed if he says, ‘They are from the same stock’.

7. If a man bought from a householder and bought from him again a second time, he may give Tithe from the one purchase for the other, even though they are from two hampers or from two towns. If a householder sold vegetables in the market and they were brought to him from his own gardens, [he that buys] may give Tithe from one kind for all; but if from other gardens, he must give Tithe from each kind.

8. If a man bought untithed produce from two places he may give Tithe from the one for the other. Yet although they have said this, none may sell untithed produce except of necessity.

9. Tithe may be given from what is bought from an Israelite for what is bought from a gentile, or from what is bought from a gentile for what is bought from an Israelite; or from what is bought from an Israelite for what is bought from Samaritans, or from what is bought from Samaritans for what is bought from [other] Samaritans. R. Eliezer forbids the tithing of what is bought from [certain] Samaritans for what is bought from [other] Samaritans.

10. A holed plant-pot is reckoned like to the ground itself.3 If a man gave Heave-offering from what grows from the earth for what grows in a holed plant-pot, his Heave-offering is valid; if from what grows in an unholed plant-pot for what grows in a holed plant-pot, the Heave-offering is accounted valid, yet he must give Heave-offering afresh; if from what grows in a holed plant-pot for what grows in an unholed plant-pot, the Heave-offering is accounted valid, yet4 it may not be consumed until Heave-offering and Tithes have been taken from it.

11. If a man gave Heave-offering from demai- produce for [other] drinat-produce, or from dewni-produce for produce certainly untithed, the Heave-offering is accounted valid, but he must give Heave-offering afresh; but if from produce certainly untithed for demai -produce, the Heave-offer¬ ing is accounted valid, yet it may not be consumed until Heave-offering and Tithes have been taken from it.

6. 1. If a man leaseds a field from an Israelite, a gentile, or a Samaritan, he must divide [the produce] in their presence.6 If he hired7 a field from 1 Heb. mottopol, one having the sole right of selling bread.

* In this ana the two following paragraphs the principle observed is to avoid giving tithe from what may be already tithed for what has not been tithed; or from what is exempt from tithes for what is not exempt.

3 What grows from it is subject to Heave-offering and Tithes, but what grows from an unholed plant-pot is exempt.

4 Produce of the holed plant-pot is still unpermitted until it is duly tithed for its own sake.

5 See p. is, n. 7. * He is not responsible for tithing what belongs to them.

7 For a prescribed quantity of produce, irrespective of the total yield.

26 FIRST DIVISION: ZERAIM an Israelite he must first separate Heave-offering and [then] give [the owner the produce prescribed as rent]. R. Judah said: This applies when he pays him from the same field or from the same kind of produce; but when he pays him from another field or from another kind of produce, he must separate Tithes as well1 and then make payment.

2. If he hired a field from a gentile he must set aside Tithes [as well as Heave-offering] and then make payment. R. Judah says: Also if he leased from a gentile the field of his fathers he must set aside Tithes as well and then make payment.

3. If a priest or levite leased a field from an Israelite, they [and the owner] share in the Heave-offering as well as in the common produce. R. Eliezer says: The Tithes belong to them, for on this condition would they have come [to cultivate the field].

4. If an Israelite leased a field from a priest or levite, the Tithes belong to the owner. R. Ishmael says: If a man from the provinces leased a field from a man of Jerusalem, the Second Tithe belongs to the man of Jerusalem. But the Sages say: The man from the provinces is able himself to go up and consume it in Jerusalem.2 5. If a man3 leased olive trees for to gather the oil, he and the owner share in the Heave-offering as well as in the common produce. R. Judah says: If an Israelite leased olive trees from a priest or levite for to gather the oil, on condition of receiving half of the profit, the Tithes belong to the owner.

6. The School of Shammai say: A man may sell his olives only to an Associate. The School of Hillel say: Even to one that [only] pays Tithes.4 Yet the more scrupulous of the School of Hillel used to observe the words of the School of Shammai.

7. If two men gathered their grapes and brought them to the winepress, and one of them pays Tithes and the other does not, he that pays Tithes may pay what is incumbent on him, and his portion may be wheresoever he will.

8. If two men leased a field, or inherited it, or became jointholders, [and the one was an Associate and the other an Am-haaretz], the one may say: ‘Do thou take the wheat from this place and I will take it from that’, or ‘Do thou take wine from this place and I will take it from that’; but he may not say, ‘Do thou take wheat and I will take barley’, or ‘Do thou take wine and I will take oil’.5 9. If an Associate and an Am-haaretz inherited jointly from their father who was an Am-haaretz, the Associate may say to the other, ‘Do thou take the wheat that is in this place and I will take the wheat that is in that place’, or ‘Do thou take the wine that is in this place and I will take the wine that is in that place’; but he may not say to the other, ‘Do thou take the wheat and I will take the barley’, or ‘Do thou take the wet produce and I will take the dry’.

10. If a proselyte and a gentile inherited jointly from their father who was a gentile, the proselyte may say to the other, ‘Do thou take what per¬ tains to idolatry and I will take the money’, or ‘Do thou take the wine and 1 It is as though he paid him from his own wares, and an Associate may not part with his produce unless it is duly tithed. 3 See p. 73, n. 6.

3 An Israelite from a levite or priest.

* And is not scrupulous in observing the laws of cleanness.

s For then he would be as one that exchanged or sold produce that was not duly tithed.

I will take the produce’; but after the property has come into the possession of the proselyte it is forbidden to him.1 11. If a man sold produce in Syria2 and said, ‘It is from the Land of Israel’, Tithes must be paid from it. [If he said,] ‘It is already tithed’, he may be believed, since the mouth that forbids is the mouth that permits.3 [If he said,] ‘It is of my own [growing]’,4 it must be tithed; [but if he said,] ‘It is already tithed’, he may be believed, since the mouth that forbids is the mouth that permits; and if it was known that he had another field in Syria, the produce must be tithed.

12. If an Am-kaaretz said to an Associate, ‘Buyme a bunch of vegetables’, or ‘Buy me a loaf of bread’, he may buy it [as well as what he buys for himself] without regard to which is for himself and which is for his fellow and be exempt [from tithing that of his fellow]; but if he had said, ‘This I buy for myself and this for my fellow’, and then they were confused together, he must tithe [them both], even if [what belongs to his fellow is] a hundred times [more than his own].

7. 1. If a man invited his fellow to eat with him [on the Sabbath] and his fellow does not deem him trustworthy in the matter of Tithes, on the eve of the Sabbath5 he may say: Of what I shall set apart to-morrow let part be Tithe6 with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave-offering of Tithe for the whole, and let the Second Tithe be to the north or south of it and rendered fit for common use by [the setting aside of its redemption] money.

2. When they have mixed him the cup [on the Sabbath], he may say, ‘Let what I am about to leave at the bottom of the cup be Tithe with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave¬ offering of Tithe for the whole, and let the Second Tithe be at the mouth of the cup and rendered free for common use by [the setting aside of its redemption] money’.

3. If a labourer does not deem the householder trustworthy he may take one dried fig and say, ‘Let this and the nine which follow after it be Tithe for the ninety that I shall eat; let this one be Heave-offering of Tithe for all of them; and let the Second Tithe be in the last fig and rendered free for common use by [the setting aside of its redemption] money’; and he should reserve one dried fig. Rabban Simeon b. Gamaliel says: He should not reserve it, for he thus lessens the work that he does for the householder. R. Jose says: He should not reserve it, because this7 is a condition enjoined by the Court.

4. If a man buys wine among Samaritans he may say, ‘Let two logs* which I shall set apart be Heave-offering, and ten [others] [First] Tithe and nine Second Tithe’; then, after he has set apart the redemption money, he may drink.

5. If a man had in his house untithed figs and [he remembered them] while he was in the House of Study or in the field [before sunset on the eve of Sabbath], he may say, ‘Let two figs9 which I shall set apart be 1 To make any such proposal. 1 North of Chezib. See p. 21, n. 13.

3 For the application of the same formula, see Ket. 2’- *; Eduy. 3*.

4 From my own field in Syria.

s It was forbidden to separate tithe on the Sabbath (Shab. 27).

6 i.e. Heave-offering of Tithe which the levite, had he received First Tithe, should have given to a priest.

7 That the householder is responsible for tithing his produce before his labourers eat of it. * Out of every hundred which he buys. * Out of every hundred.

28 FIRST DIVISION: ZERAIM Heave-offering, and ten First Tithe and nine Second Tithe’. If they were dmtzi-produce let him say, ‘Let what I shall separate to-morrow be Tithe with the rest of the [First] Tithe adjoining it; let what I have made Tithe be Heave-offering of Tithe for the whole of it; and let the Second Tithe be to the north or south of it and rendered fit for common use by [the setting aside of its redemption] money*.

6. If he had before him two baskets full of untithed produce and said, ‘Let the Tithes of that basket be in this’, the first basket is thereby tithed; [if he said], ‘Let the Tithes of that basket be in this, and let the Tithes of this basket be in that’, the first basket [only] is thereby tithed; [if he said], ‘Let the Tithes from either basket be within the other’, he has thereby designated as Tithe [produce within them both].

7. If a hundred parts of untithed produce [were mixed with] a hundred parts of produce already tithed, a hundred and one parts must be taken out [as untithed produce]. If a hundred parts of untithed produce [were mixed with] a hundred parts of Tithe, a hundred and one parts must be taken out [as Tithe]. If a hundred parts of duly tithed produce [were mixed with] a hundred parts of Tithe, a hundred and ten parts must be taken out [as Tithe]. If a hundred parts of untithed produce [were mixed with] ninety parts of Tithe, or ninety parts of untithed produce with eighty parts of Tithe, naught is lost. This is the general rule: when the greater part is untithed produce naught is lost.

8. If a man had ten rows each containing ten jars of wine and he had said, ‘In the outer row let one be Tithe*, and it is not known which row it was, he must take two jars from diagonally opposite corners. [If he had said,] ‘In the half of the outer row let one be Tithe’, and it is not known which half row it was, he must take four jars from the four corners. [If he had said,] ‘In one row let one jar be Tithe’, and it is not known which row it was, he must take [ten jars, one from] every row diagonally. [If he had said], ‘In one half row let one jar be Tithe’, and it is not known which half row it was, he must take [twenty jars from] two diagonal rows. [If he had said,] ‘Let one jar be Tithe’, and it is not known which jar, he must take Tithe from every jar.

1. 1. Wheat and tares2 are not accounted Diverse Kinds. Barley and goat- grass, spelt and oats, the common bean and the kidney bean, the everlasting- pea and the vetchling, the white bean and haricot bean are not accounted Diverse Kinds.

2. The cucumber and the musk-melon are not accounted Diverse Kinds. R. Judah says: They are accounted Diverse Kinds. Lettuce and willow- lettuce, chicory and wild chicory, the leek and the wild leek, coriander and wild coriander, mustard and Egyptian mustard, the Egyptian gourd and the bitter gourd, the Egyptian bean and the carob are not accounted Diverse Kinds.

3. The turnip and the radish, the cabbage and the cauliflower, beet and orach are not accounted Diverse Kinds. R. Akiba added: Garlic and wild * Lit. 'two kinds’. Lev. 19* * and Deut. 22*'" forbid four types of ‘Diverse Kinds’: sowing a vineyard with Diverse Kinds, sowing a field or garden with Diverse Kinds of seed, allowing cattle to gender with a Diverse Kind, and wearing a garment of Diverse Kinds of stun (woollen and linen) mingled together. Diverse Kinds of seeds are only for¬ bidden in the case of plants which differ in name, taste, and appearance. 2 Bearded darnel.

garlic, onions and wild onions, lupine and wild lupine are not accounted Diverse Kinds.

4. Among trees the pear and the pippin,1 the quince and the hawthorn are not accounted Diverse Kinds. Although the apple and the medlar, the peach and the almond, the jujube and the Zizyphus are like to each other, they are accounted Diverse Kinds.2 5. Although the long radish and the round radish, mustard and wild mustard, the Greek gourd and the Egyptian or bitter gourd are like to each other, they are accounted Diverse Kinds.

6. The wolf and the dog, the wild-dog and the jackal, goats and gazelles, wild goats and sheep, the horse and the mule, the mule and the ass, the ass and the wild ass, although like to each other are accounted Diverse Kinds.

7. One kind of tree may not be grafted on to another kind, nor one kind of vegetable on to another kind, nor a tree on to a vegetable, nor a vegetable on to a tree. R. Judah permits [the grafting of] a vegetable on to a tree.

8. Vegetables' may not be planted in the stump of a sycamore tree, nor may rue be grafted on to white cassia, since that is [to graft] a vegetable on to a tree. A fig-tree shoot may not be planted in scutchgrass that this may shade it, nor may a vine-shoot be trained into a water-melon that this may pour its juice into it, since that is [to graft] a tree on to a vegetable. A gourd seed may not be put into bugloss to protect it, since that is [to graft] one kind of vegetable on to another.

9. If a man buried turnips and radishes under a vine, and some of the leaves were left uncovered, he need not fear lest he transgress thereby [the law of] Diverse Kinds or [the laws of] the Seventh Year3 or of Tithes;4 and they may be removed on the Sabbath.5 If a man sowed wheat and barley together, they are accounted Diverse Kinds. R. Judah says: They are not accounted Diverse Kinds unless there are two [kinds] of wheat and one of barley, or one of wheat and two of barley, or one of wheat, one of barley, and one of spelt.6 2. 1. If in a seah7 [of seed] there is a quarter- [&z6] 8 of another kind, this must be lessened. R. Jose says: It must be wholly removed whether it is of one kind or of two kinds. R. Simeon says: They have spoken of but one kind. But the Sages say: Any Diverse Kinds soever [that are found] in a seah of seed are included together to make up the [forbidden] quarter-AaA.

2. This applies when one kind of grain is mixed with another kind, or one kind of pulse with another kind, or when grain is mixed with pulse or pulse with grain. Rightly have they said:9 The seeds of garden produce which are not used as food, are included together to make up [the propor¬ tion that renders them forbidden as Diverse Kinds] if they are one twenty- fourth part of what is sown in a seah's space. R. Simeon says: Like as they have spoken in such wise that the rule bears with stringency so have they spoken in such wise that it bears with leniency: thus if flax seed was mixed 1 Heb. krtutomel. Maas, i’; Uktz. 1*. {Zi. j (pvoo^Tf^ov, quince.

2 Because they differ in taste. 3 When it isforbidden to sow anything (see p. 39, n. 4.).

4 Which are not due from what has not been sown but only buried.

* As being plucked already, therefore he is not transgressing the law against reaping on the Sabbath (Shab. 7*).

• R. Judah interprets Lev. 19“ and Deut. 22* as meaning that Diverse Kinds may not be sown in a field where something else is growing already; thus you may not sow Diverse Kinds in a vineyard (Deut. 22*). Therefore three species are required for the transgression of the Law. 7 See App. II, D. 8 i.e. one twenty-fourth of the teah. * See p. 12, n. 4.

30 FIRST DIVISION: ZERAIM with grain it is included together to make up [the proportion that renders it forbidden as Diverse Kinds] only if it is one twenty-fourth part of what is sown in a seah’s space.1 3. If a man’s field was sown with wheat and he then determined to sow it with barley, he must wait until the seed begins to send out wormlike shoots and turn up the soil and then sow it [with barley]. If it had already sprouted he may not say, ‘I will sow first and then turn up the soil’, but he must first turn up the soil and then sow. How deep should he plough? As deep as the furrows made after a rainfall. Abba Saul says: So that he does not leave [unturned] a quarter-fozA’s space within a seah’s space.

4. If his field was sown and he then determined to plant it, he may not say, ‘I will plant it first and then turn up the soil’, but he must first turn up the soil and then plant it. If it was planted and he then determined to sow it, he may not say, ‘I will sow it first and then uproot [what was planted]’, but he must first uproot and then sow. If he would do so he may cut down the plants to less than a handbreadth and sow and then uproot the plants.

5. If his field was sown with caraway2 or arum he may not sow over them because they ripen only after three years. If in a crop of grain there sprang up aftergrowths of woad (so, too, in the place of threshing-floors if many kinds sprang up; so, too, if fenugreek made weeds to spring up), he is not bound to weed them out. But if he has weeded them or cropped them, they say to him, ‘Uproot them all save one kind only’.

6. If he would lay out his field in plots each bearing a different kind [of crop], the School of Shammai say: [Between each he must leave a space equal to] three furrows of ploughed land. And the School of Hillel say: The width of a Sharon yoke. And the opinion of the one is not far from the opinion of the other.

7. If the point of the angle of a field of wheat entered into a field of barley, this is permitted, since it is manifestly the limit of the field. If one man’s field was sown with wheat and that of his fellow with some other kind, he may flank his own with that other kind; if his was sown with wheat and that of his fellow with wheat, he may flank it with a furrow of flax, but not with a furrow of another kind. R. Simeon says: It is all one whether it is [a furrow of] flax or of some other kind. R. Jose says: Even in the middle of a field it is permitted to test [the field] with a furrow of flax.

8. They may not flank a field of grain with mustard or seed of safflower, but they may flank a field of vegetables with mustard or seed of safflower. They may flank [with a Diverse Kind] a plot of untilled or newly broken land, or a loose stone wall, or a pathway or a fence ten handbreadths high or a ditch ten handbreadths deep and four wide, or a tree that overshadows the ground, or a rock ten handbreadths high and four wide.

9. If a man would lay out his field in patches each bearing a different kind [of crop], he may lay out twenty-four patches within a seah’s space, one patch to every quarter-£a6’r space, and sow therein what kind of seed he will; if [in a field of grain] there was but one patch or two [each of a quarter-£a£’r space], he may sow them with mustard-seed; but if three, 1 Because while one seah of grain or pulse is sown over a ‘seah's space’ (2,500 sq. cubits), only a quarter-seoA of seeds of garden produce are sown over one seah's space, while three seahs of flax-seed are sown over the like area. Therefore if garden-seed is one ninety-sixth of the mixed seed the mixture is forbidden, whereas flax-seed must be one-eighth of the mixture to render it forbidden.

1 Most texts read 'hemp’ (katmabot for karbos); but that ripens yearly.

he may not sow them with mustard-seed, since it might appear like to a field of mustard. So R. Meir. But the Sages say: [Only] nine patches [of a quarter -kab’s space] may be sown [with different kinds of seed in the seah’s space], and ten are forbidden. R. Eliezer b. Jacob says: Even if his entire field measured a kor's space, he may not make therein more than one patch.

10. Anything within the patch of a quarter-&zi’r space [that intervenes between one crop and another] must be counted within the measure of the quarter-fozA’f space. The ground required for a vine or a grave or a rock must be counted within the measure of the quarter-Arzi’j space. Grain may be sown alongside [another kind of] grain only if a quarter -kab’s space [intervenes]; vegetables may be planted alongside [other] vegetables only if six handbreadths [intervene]; grain may be sown alongside vegetables, or vegetables alongside grain only if a quarter-fozi’r space [intervenes]. R. Eliezer says: Vegetables may be sown alongside grain only if six hand- breadths [intervene].

11. If grain [grows in a place where it] leans over another kind of grain, of if vegetables lean over other vegetables, or if grain leans over vegetables or vegetables over grain, all are permitted save only in the case of a Greek gourd. R. Meir says: A cucumber or Egyptian bean also; — yet1 I approve their words rather than mine.

3. 1. A garden-bed six handbreadths by six, may be sown with five kinds of seeds — four kinds in its four corners1 and one in the middle. If it has a border one handbreadth high, it may be sown with thirteen kinds — three3 along each border [on the four sides] and one in the centre. Turnip- tops should not be planted in the border since they might fill it. R. Judah says: Six kinds may be sown in the middle.4 2. Not every kind of seed may be sown in a garden-bed, but any kind of vegetable may be sown therein. Mustard and small beans are deemed a kind of seed and large beans a kind of vegetable. If a border that was one handbreadth high was made lower it continues valid since it was valid in the beginning. In a furrow or [dried up] water channel one handbreadth deep, three kinds of seed may be sown; one at either end and one in the middle.

3. If the point of the angle of a field of vegetables entered into a field of other vegetables, this is permitted since it is manifestly the limit of the field. If a man’s field was sown with vegetables and he sought to plant therein a row of another kind of vegetable, R. Ishmael says: [He may not do so] unless the furrow extends unstopped from one end of the field to the other. R. Akiba says: It need be but six handbreadths in length and fully as wide. R. Judah says: As wide as the width of the sole of a foot.

4. If a man planted two rows of cucumbers, two rows of gourds, then two rows of Egyptian beans, this is permitted; but if one row of cucumbers, one row of gourds, then one row of Egyptian beans, this is forbidden. R. Eliezer allows one row of cucumbers, one row of gourds, one row of Egyptian beans, then one row of cucumbers; but the Sages forbid it.

* ‘In spite of this tradition which I have received and which I now report, I approve..

2 Or, 'along its four sides'.

1 Each one handbreath square and separated one handbreadth from the next.

4 Sketches showing the possible dispositions of Diverse Kinds of seeds are given in the ordinary Mishnayoth editions.

FIRST DIVISION: ZERAIM 32 5. A man may plant a cucumber and a gourd in the same hollow pro¬ vided that the one grows out in one direction and the other in the other,1 the foliage of the one stretching in one direction and the foliage of the other in the other; for whatsoever the Sages have forbidden they have so decreed only for appearance’s sake.

6. If a man’s field was sown with onions and he sought to plant therein rows of gourds, R. Ishmael says: He should uproot two rows [of onions] and plant one row [of gourds] and leave the standing crop of onions over a space of two rows, then again uproot two rows [of onions] and plant one row [of gourds]. R. Akiba says: He may uproot two rows [of onions] and plant two rows [of gourds] and leave the standing crop of onions over a space of two rows, then again uproot two rows and plant two row's. But the Sages say: Unless there is a space of twelve cubits between one row' [of gourds] and the next, w'hat is sown between them may not be sutfered to remain.

7. If gourds are planted beside vegetables they are given the same space as vegetables,2 but if beside grain they must be given a quarter -kab's space. If a man’s field was sown with grain and he sought to plant therein a row of gourds, it must be allowed six handbreadths [on either side] for its tillage, and if its growth exceeds this the grain must be uprooted before it. R. Jose says: It should be allowed four cubits for its tillage. They said to him: Dost thou require here greater stringency than for the vine? He replied: We find that here greater stringency applies than for the vine, since for a single vine six handbreadths are allowed for its tillage, while for a single gourd a quarter-Aai’r space is allowed. R. Meir says in the name of R. Ishmael: Where there are three gourds within a seah’s space other seed may not be sown within the seah's space. R. Jose b. ha-Hotef Ephrathi said in the name of R. Ishmael: Where there are three gourds within a kor's space other seed may not be sown within the kor's space.

4. 1. The School of Shammai say: A vineyard patch3 must be [at least] twenty-four cubits [square]. The School of Hillel say: Sixteen cubits. The School of Shammai say: The outer space of a vineyard must be [at least] sixteen cubits. The School of Hillel say: Twelve cubits. What is a ‘vine¬ yard patch’? [The part of] a vineyard that is bare of vines in its midst. If this is less than sixteen cubits [square], seed may not be sown there; but if it is [at least] sixteen cubits [square] they must allow the vines enough space for their tillage,4 and they may sow in what is left.

2. What is the ‘outer space’5 of a vineyard? The space between the vines and the boundary-fence. If this is less than twelve cubits, seed may not be sown there; but if it is [at least] twelve cubits they must allow the vines enough space for their tillage, and they may sow in what is left.

3. R. Judah says: Such is but the vineyard’s boundary-fence.6 What, then, is the ‘outer space’ of a vineyard?7 [The space] between two vine¬ yards. And what counts as a ‘fence’?8 Such that is ten handbreadths high. And a ‘ditch’? Such that is ten handbreadths deep and four wide.

' Some texts omit the rest of the paragraph. Cf. 9* below. * Six handbreadths.

1 Lit. ‘bald spot’; i.e. a space empty of vines in which it is desired to raise other crops without transgressing the law of Diverse Kinds in the vineyard.

4 Four cubits all round. J About which the Schools of Shammai and Hillel disputed.

4 And so long as there is four cubits for the tillage of the vines you may sow over what remains between the vines and the fence. 7 That needs to be at least twelve cubits.

* That can be flanked with vines on the one side and sown crops on the other.

4. If the space between the reeds of a reed-partition was less than three handbreadths which would suffice for a kid to enter, it is deemed a valid partition. If a fence was breached for a space of ten cubits, such may be deemed an entrance; if more than this, it is forbidden [to sow] opposite the breach. If many breaches were made in the fence yet what remains standing exceeds what is broken down, it is permitted [to sow] opposite the breach; and if what is broken down exceeds what remains standing, it is forbidden.

5. If a man planted a row of five vines, the School of Shammai say: This counts as a vineyard. But the School of Hillel say: It does not count as a vineyard unless there are there two rows. Wherefore if he sows within the four cubits of the vineyard the School of Shammai say: He renders forfeit1 one row; and the School of Hillel say: He renders forfeit two rows.2 6. If a man planted two vines opposite two others, with another project¬ ing like a taii, this counts as a vineyard; but if two opposite two others and one between them, or two opposite two others and one in the midst — this does not count as a vineyard — but only if there are two opposite two others with another projecting like a tail.

7. If a man planted a row of vines on his own land and there was a row on that of his fellow, although there was between them a private path or a public path or a fence less than ten handbreadths high, both rows are in¬ cluded together [so that they count as a vineyard]. But if the fence was higher than ten handbreadths they are not included together. R. Judah says: If he trained them together above, they must be included together.