3. A man may set out in his field three dung-heaps to every seah’s space; if more, they must be set out circlewise.1 So R. Simeon. But the Sages forbid it unless they are heaped [in special places] three handbreadths above or below [ground level].2 A man may pile up all his dung together. R. Meir forbids this unless it is heaped [on a special place] three hand- breadths above or below [ground level]. If he had but little [he may pile it on the field and] he may go on adding to it. R. Eleazer b. Azariah forbids this unless it is heaped [in a special place] three handbreadths above or below [ground level], or laid on rocky ground.
4. If a man used his field for a cattle-fold he should make a pen covering two seahs' space, and [when that has been filled with dung] uproot three sides of the pen [and set them up around the adjoining tw’o seahs ’ space] leaving the middle wall standing as before; thus four seahs ’ space will have been used for a cattle-fold. Rabban Simeon b. Gamaliel says: Eight seahs' space [may be used after that same fashion for a cattle-fold].3 It the whole field covered but four seahs' space he must leave a part of it [unused by the cattle-fold] for appearance’s sake. He may shift the dung from the cattle¬ fold and set it out on his field [in heaps] after the [prescribed] manner of them that bring out dung.
5. A man may not open up a stone-quarry within his field for the first time [in the Seventh Year] unless there is [visible] there [sufficient stone to provide] courses each three cubits long, three wide and three high, making twenty-seven stones in all.4 6. It a wall [that stood in his field] had in it ten stones each a two-men’s load, these may be removed. Such a wall must be [not less than] ten hand¬ breadths high; if it is less than this it is accounted a quarry for stone and may be levelled until it is no more than one handbreadth5 from the ground. This applies to a man’s own field; but from his fellow’s he may remove what stones he will. Moreover it applies if a man had not begun [to remove the stones] in the sixth year; but if he had begun in the sixth year he may remove what stones he will.
7. Stones that the plough has turned up, or that were covered and are now laid bare, may be removed if there are two among them each a two- men’s load. If a man would clear away [loose] stones from his field, he may remove the top layers but must let alone those touching the soil. So, too, with a heap of pebbles or a pile of stones — he may remove the top layers but must let alone those touching the soil; but if beneath these there is stony ground or straw, they may be removed.
8. In the sixth year, after the rains have ceased, steps may not be built up the sides of ravines,6 since this would be to make them ready for the Seventh Year; but they may be built in the Seventh Year after the rains have ceased, since this is to make them ready for the eighth year. They7 may not be blocked in with earth, but made only into a rough stone bank; any stone [lying in the field] which a man [building the bank] need but stretch out his hand to take, may be removed.
1 Variant: if more, it is permitted.
2 To make it plain that they are not actually manuring the ground.
3 Without incurring suspicion of deliberately manuring the ground in the Seventh Year.
4 He must not appear to be clearing stones off the field for the sake of sowing; for that is forbidden (2*) after the beginning of the Seventh Year.
s This must be left, to avoid the appearance of clearing away stones for the sake of sowing.
6 From which water can be drawn for the field during the rainy season.
7 The steps, or a dam to stop the water from flowing away.
g. ‘Shoulder stones’ may be brought from anywhere, and a builder1 may bring stones from anywhere. These are ‘shoulder-stones’: any that cannot be taken away in one hand. So R. Meir. R. Jose says: ‘Shoulder stones’ are what their name implies: such as are carried away, two or three together, on a man’s shoulder.
io. If a man would build a wall between his own and the public domain, he may dig down to rock level.2 What must he do with the earth? He may heap it up in the public domain and afterward restore it to order. So R. Joshua. R. Akiba says: As a man may not cause disorder in the public domain neither may he afterward restore it to order; what, then, must he do with the earth? He may heap it up in his own field after the [prescribed] manner of them that bring out dung. So, too, if a man would dig a cistern, a trench, or a cavern.
4. i. Beforetime they used to say: A man may gather pieces of wood and stones3 from off his own field when they are big, like as he may gather them from his fellow’s field [whether they are big or little];4 but when transgressors grew many5 it was ordained that a man might only gather them from another’s field, and another gather them from his field, but not as a [mutual] favour, nor, needless to say, to exact maintenance in return.
2. A field that has been cleared of thorns [in the Seventh Year] may be sown in the eighth year; but one that has been prepared,6 or [wholly] used by cattle, may not be sown in the eighth year. The School of Shammai say that the produce of a prepared field may not be consumed in the Seventh Year; but the School of Hillel say that it may. The School of Shammai say: They may not eat produce of the Seventh Year if it is by favour7 [of the owner]. The School of Hillel say: They may eat it whether it is by favour or not. R. Judah says: The rule is to the contrary, for here the School of Shammai adopt a more lenient and the School of Hillel a more stringent ruling.
3. Newly ploughed land may be hired in the Seventh Year from a gentile but not from an Israelite; and gentiles may be helped [when labouring in the fields] in the Seventh Year, but not Israelites. Moreover, greetings may be offered to gentiles in the interests of peace.
4. If a man would thin out olive trees [in the Seventh Year], the School of Shammai say: He may only raze them to the roots. The School of Hillel say: He may uproot them. But they agree that if a man would level his field he may only raze [the trees to the roots]. Who is he that ‘thins out’? [He that removes but] one or two. And he that ‘levels’? [He that removes at least] three growing side by side. This applies to what grows within a man’s own domain; but within the domain of his fellow he that levels may also uproot.
5. If a man would split wood off an olive tree [in the Seventh Year] he may not cover up the rent with earth, but he may cover it with stones or straw. If he would cut down the trunk of a sycamore tree he may not cover up the rent with earth, but he may cover it with stones or straw. A virgin sycamore8 may not be cut down in the Seventh Year since that counts as cultivation.9 R, Judah says: If after the usual manner, it is forbidden; but 1 Heb. kablan, contractor. It may also mean one who leases a field.
1 And not be suspected of tending his land in the Seventh Year.
J Some texts read 'herbs’. ♦ See above, 3*.
s Who removed everything. 6 i.e. ploughed and sown.
7 Eduy. 5'. * One whose boughs had not before been cut. ♦ It is to the tree’s benefit.
FIRST DIVISION: ZERAIM 44 ten handbreadths or more may be left standing, or it may be razed to ground level.
6. If a man would clip vines or cut reeds [in the Seventh Year], R. Jose the Galilean says: He should leave them [uncut at least] one handbreadth [from the ground]. R. Akiba says: He may cut them in his usual manner with axe, sickle or saw, or with whatsoever he will. If a tree is split it may be tied up in the Seventh Year that the split may grow no greater, but not so as to repair it.1 7. After what time may the fruit of trees be eaten in the Seventh Year? After young figs have begun to mature2 a man may eat his bread with them in the field. After they have ripened he may bring them into his house. And similarly with fruits of like kind [he may bring them in when they are so ripe that] in the other years of the week [of years] he would be liable to Tithes.3 8. After unripe grapes have begun to produce juice, a man may eat his bread with them in the field. After they have ripened he may bring them into his house. And similarly with fruits of like kind [he may bring them in when they are so ripe that] in the other years of the week [of years] he would be liable to Tithes.
9. If a seah of olives can yield a quarter-/<?« [of oil], a man may crush them and eat them in the field; if they can yield a half-/o° he may press them in the field and use their oil; if they can yield a third [of their full possible yield], he may press them in the field and bring them into his house. And similarly with fruits of like kind [he may bring them in when they are so ripe that] in the other years of the week [of years] he would be liable to Tithes. With all other fruit of trees their season for Tithes is their season when they are permitted in the Seventh Year.
10. After what time is it forbidden to cut down trees in the Seventh Year? The School of Shammai say: No tree [may be cut down] after it puts forth [leaves]. The School of Hillel say: Carob trees — after their branches begin to droop; vines — after they produce berries; olive trees — after they blossom; and any other tree — after it puts forth [leaves]. Any tree that has reached the season when it is liable to Tithes may be cut down. How much should an olive tree produce so that it may not be cut down?4 A quarter-Aa£. R. Simeon b. Gamaliel says: All depends on the kind of olive tree.
5. 1. The Seventh Year [law] may apply to white figs in the second year [of the week of years] since they ripen but once in three years. R. Judah says: The Seventh Year [law] may apply to Persian figs in the year after the Seventh Year since they ripen but once in two years. It was replied: They have spoken only of white figs.
2. If arum is covered up with earth in the Seventh Year, R. Meir says: It must be not less than two seahs in quantity, three handbreadths high, and covered with earth one handbreadth deep.5 But the Sages say: It must be not less than four kabs in quantity, one handbreadth high and covered * According to the Gemara of the Babylonian Talmud (B.K. 91b) this refers not to the Seventh Year law but to Deut. 20'*, forbidding the destruction ot trees belonging to a be¬ sieged city. But according to the Jerusalem Talmud it refers to the Seventh Year, the argu¬ ment being that a tree should not be cut down if it involved loss.
5 To avoid the appearance of sowing.
with earth one handbreadth deep: moreover it must be covered up with earth in ground over which men walk.1 3. When arum has remained after the passing of the Seventh Year, R. Eliezer says: If the poor have gathered the leaves thereof, it is well; if not, an allotment2 must be made to the poor. R. Joshua says: If the poor have gathered the leaves thereof, it is well; if not, no allotment need be made to the poor.
4. When arum remains from the sixth year until the Seventh Year (so, too, with summer-onions and madder from good soil) the School of Shammai say: They may only be dug up with wooden rakes.3 The School of Hillel say: With metal spades. But they agree that madder from stony4 soil may be dug up with metal spades.
5. When may arum be gathered after the close of the Seventh Year? R. Judah says: Forthwith. But the Sages say: After the new crop is come up.
6. These are implements which the craftsman may not sell in the Seventh Year: a plough and whatsoever pertains thereto, a yoke, winnowing fan or mattock. But he may sell a sickle or a scythe or a wagon and whatso¬ ever pertains thereto. This is the general rule: any implement is forbidden whose sole use is one that transgresses [the Seventh Year law], but it is allowed if its use may be either one forbidden or one permissible.
7. The potter may sell [to one person] five oil-jars and fifteen wine-jars, since a man is accustomed to get so much from the ownerless produce [of the Seventh Year]; and if he gets more it is permitted [to sell to him more jars]. The potter may sell [more than this number] to gentiles within the Land [of Israel] and to Israelites outside the Land.
8. The School of Shammai say: A ploughing heifer may not be sold to a man in the Seventh Year. But the School of Hillel permit it since he may perchance slaughter it. One may sell him produce even in time of sowing; even if it is known that he has a threshing-floor one may lend him a rea/i-measure; and one may give him small money in change even if it is known that he employs labourers. But if [it is known that these things are required] expressly [to transgress the Seventh Year law] they are forbidden.
9. A woman may lend a sifter, sieve, hand-mill or oven to her neighbour that is suspected of transgressing the Seventh Year law, but she may not winnow or grind com with her. The wife of an Associate5 may lend a sifter or sieve to the wife of an Am-haaretz and may winnow, grind or sift com with her; but when she pours water over the flour she may not draw near to her, since help may not be given to them that commit transgression. All these have been enjoined in the interests of peace. Gentiles may be helped [when labouring in the fields] in the Seventh Year, but not Israelites. Moreover, greetings may be offered to gentiles in the interests of peace.
6. 1. Three countries6 are to be distinguished in what concerns the Seventh Year: throughout that part of the Land of Israel which they occupied To prevent its sprouting.
- The poor must be given as much as is estimated to have grown in the Seventh Year.
J The produce is permitted to its owner in the Seventh Year since it grew in the sixth year, but he must not appear to be cultivating his field.
4 Variant: from the sides of the field.
5 This Halakah is concerned not with the Seventh Year but with the laws of uncleanness. Once water is poured over the flour it is rendered ‘susceptible to uncleanness' (Lev. n*4). See p. 758, n. i. The paragraph is repeated in Gitt. 5*. On Associate see p. 22, n. 2.
6 See below, 9*; Hall. 4*. Neub. p. sff. Cf. Yad. 4*.
FIRST DIVISION: ZERAIM 46 that came up from Babylon, as far as Chezib,1 [Seventh Year produce] may not be eaten2 nor [may the soil be] cultivated; throughout that part which they occupied that came up from Egypt,3 from Chezib to the River4 and Amanah, [Seventh Year produce] may be eaten but [the soil] may not be cultivated; while in the country from the River and Amanah and inwards, [Seventh Year produce] may be eaten and [the soil] cultivated.
2. In Syria they may continue work with grain already gathered but not with what is still unreaped: they may thresh, winnow, and trample the corn and bind it into sheaves; but they may not reap the crops or gather the grapes or olives. R. Akiba laid down a general rule: the like of whatso¬ ever is permitted to be done in the Land of Israel may be done also in Syria.
3. Onions [remaining in the field until the Seventh Year] on which rain has fallen and which have sprouted, are forbidden if their leaves are dark coloured, but if they are green they are permitted. R. Hananiah b. Antigonus says: If they can be pulled up by their leaves they are forbidden, whereas in the year following the Seventh Year the like of these5 are permitted.
4. When may a man buy vegetables after the close of the Seventh Y’ear? When that same crop [again] ripens. Where the first ripening crop is ready the later ripening crops are permissible. Rabbi permitted the buying of vegetables immediately after the close of the Seventh Y'ear.
5. [Heave-offering]6 oil that [has become unclean and] must be burnt and Seventh Year produce may not be taken out of the Land to another country. R. Simeon said: I have heard an express tradition that they may be taken to Syria but not outside the Land [of Israel].
6. Heave-offering may not be brought to the Land [of Israel] from outside the Land. R. Simeon said: I have heard an express tradition that it may be brought from Syria but not from outside the Land [of Israel].
7. 1. An important general rule have they laid down concerning Seventh Year produce: whatsoever is food for man or for cattle or that is a species of dyeing matter, if it is not left growing in the ground, the Seventh Year law applies both to it7 and to its money substitute.8 The law of Removal® applies both to it and to its money substitute. Which [plants] are these [that are food for man]? The leaf of arum, the leaf of miltwaste, chicory, leeks, purslane, and asphodel. And food for cattle? Thorns and thistles. And dyeing matter? Aftergrowths of woad and seed of safflower. The Seventh Year law applies both to them and to their money substitute, and the law of Removal also applies both to them and to their money substitute.
2. Another general rule have they laid down: whatsoever is not food for man or for cattle nor a species of dyeing matter, and is left growing in the ground, the Seventh Year law applies both to it and to its money substitute; but the law of Removal does not apply to it or to its money substitute. Which [plants] are these? The root of arum and the root of miltwaste, hart’s-tongue, Bethlehem-star and hazelwort; and dyeing matter — madder and round-leaved cyclamen. The Seventh Year law applies both to them and to their money substitute, but the law of Removal does not apply to ' The biblical Achzib, between Acre and Tyre. Judg. 1", Josh. 19”.
2 If unlawfully cultivated.
2 And not by them that returned from Babylon. * Euphrates.
> That remained over from the sixth year, through the Seventh Year, until the eighth year. 6 See App. I. 48 (1). 1 i.e. that it must be eaten free and not sold.
* If it is sold in the manner permitted in par. 3. 9 Deut. a6u. See below, 9*.
them or to their money substitute. R. Meir says: The law of Removal applies to their money substitute until the New Year. The Sages answered: The law of Removal does not apply to the plants themselves; still less can it apply to their money substitute.
3. The Seventh Year law applies to the husks and blossoms of pome¬ granates and the shells and kernels of walnuts, and also to their money substitute. The dyer may dye [with Seventh Year produce] for his own benefit but not for hire, since none may traffick with Seventh Year produce, or with Firstlings,1 or with Heave-offering, or with carrion, or with what is iere/ah,2 or with forbidden beasts3 or creeping things.4 [In the Seventh Year] a man may not gather wild vegetables and sell them in the market; yet he may collect them and his son sell them for him in the market. If he had gathered them for his own use and aught remains over, this he may sell.
4. If a man bought a Firstling5 for his son’s wedding feast or for a Feast [at Jerusalem], and he does not need it, he may sell it. If hunters of wild animals, birds and fishes chanced upon species that are unclean, they may sell them. R. Judah says: Also if a man came upon such by accident he may buy or sell them provided that this is not his trade. But the Sages forbid it.
5. The Seventh Year law applies to branches of the sorb tree and the carob tree, as well as to their money substitute; the law of Removal also applies to them and to their money substitute. The Seventh Year law applies to branches of the terebinth, the pistachio, and the white-thorn, as well as to their money substitute; but the law of Removal does not apply to them or to their money substitute. Yet the law of Removal applies to the leaves since these fall off from their stem.
6. The Seventh Year law applies to the rose, henna, balsam, and the lotus, as well as to their money substitute. R. Simeon says: It does not apply to balsam since this is not a fruit.
7. If a fresh rose [of Seventh Year produce] was preserved in old6 oil, the rose may be taken away; but if an old rose [of Seventh Year produce] was preserved in fresh oil7 [the whole] is subject to the law of Removal. If fresh carobs [of Seventh Year produce] were preserved in old wine, or old carobs [of Seventh Year produce] in new wine,7 both are subject to the law of Removal. This is the general rule:8 if one kind is mixed with a different kind, and it is enough to give its flavour, [the whole] is subject to the law of Removal; if it is mixed with a like kind, in no matter what quantity,9 [the whole is subject to the law of Removal], If Seventh Year produce is mixed with a like kind it renders [the rest] forbidden in no matter what quantity, and if with a different kind [it renders the rest forbidden] only if it is enough to give its flavour.
8. 1. An important general rule have they laid down concerning Seventh Year produce: whatsoever is gathered solely as food for man may not be used as an emollient for man, or, needless to say, for cattle; -whatsoever is not gathered solely as food for man may be used as an emollient for man but not for cattle; and whatsoever is not [customarily] gathered solely as food for man or as food for cattle, yet was intended as food both for man 4 Lev. 1 1 29®. 5 Blemished, and so permitted to non-priests.
6 Of the previous year. 9 Of the eighth year.
* Applying to all kinds of produce that are subject to restrictions enjoined in the Law.
9 Even if not enough to give its flavour.
FIRST DIVISION: ZERAIM 48 and for cattle, the more stringent rules affecting both man and cattle apply to it. If [when it was gathered] it was intended for use [only] as wood, it is so accounted; like, for example, savory, marjoram, and calamint.
2. Seventh Year produce is intended for use as food, drink or unguent: that is to be used as food which is customarily eaten, and that used as drink which is customarily drunken, and that used as unguent which is customarily used for anointing. A man may not use wine or vinegar for anointing, but must anoint with oil. The same1 applies to Heave-offering and Second Tithe; but greater leniency applies to [oil from] Seventh Year produce in that it can be used for kindling a lamp.
3. Seventh Year produce may not be sold, whether by bulk, weight or number: even figs [may not be sold] by number nor vegetables by weight. The School of Shammai say: Nor even in bundles. And the School of Hillel say: What is usually tied up in bundles in the house may be tied up in bundles in the market; like, for example, leeks and asphodel.
4. If a man said to a labourer [in the Seventh Year], ‘Here is an issar 1 for thee: gather me vegetables to-day’, his payment is permitted; but if he said, ‘In return [for the mar] gather me vegetables to-day’, his payment is forbidden. If a man bought from the baker a loaf worth a pondion> [and said,] ‘When I have collected vegetables from the field I will bring them to thee’, this is permitted; but if he bought it from him with no conditions, he may not pay him with the price of Seventh Year produce, since a debt may not be defrayed with the price of Seventh Year produce.
5. One may not pay therewith a well-digger, a bath-house keeper, a barber or a sailor, but it may be given to a well-digger [to buy wine] to drink; and it may be given to any of them as a free gift.
6. Seventh Year figs may not be cut off with the fig-knife, but they may be cut off by a [different] knife; grapes may not be trodden out in a wine¬ press, but they may be trodden out in a vat; and olives may not be prepared in an olive-press or with an olive-crusher, but they may be crushed and brought into a small press. R. Simeon says: They may even be ground in the [proper] olive-press and then brought into a small press.
7. Seventh Year vegetables may not be cooked in Heave-offering oil, lest they make it invalid.4 R. Simeon permits it. [If Seventh Year produce is exchanged for aught else and this again exchanged] the last thing [got in exchange] is subject to the Seventh Year law, and the [Seventh Year] produce itself remains forbidden.
8. Slaves or lands or unclean beasts may not be bought with the price of Seventh Year produce; but if a man has done so he must [buy and] consume [produce of] equal value.5 It is forbidden to bring as the offerings of a man or woman that suffered a flux6 or of a woman after childbirth7 birds that have been bought with the price of Seventh Year produce; if one has done so he must [buy and] consume [produce of] equal value. Vessels may not be anointed with oil from Seventh Year produce, and if one has done so he must [buy and] consume [produce of] equal value.
9. If a hide has been smeared with Seventh Year oil, R. Eliezer says: It must be burnt. But the Sages say: A man must [buy and] consume [produce of] equal value. They declared before R. Akiba that R. Eliezer 1 That it can be used only for food, drink, or unguent.
s The price of Seventh Year produce must itself be used only for purchasing other food.
used to say: A hide that has been smeared with Seventh Year oil is to be burnt. He replied: Hold your peace; I will not say to you what R. Eliezer has taught concerning this.1 10. Moreover they declared before him that R. Eliezer used to say: He that eats the bread of the Samaritans is like to one that eats the flesh of swine. He replied: Hold your peace; I will not say to you what R. Eliezer has taught concerning this.
11. If a bath was heated with Seventh Year straw or stubble, it is per¬ mitted to wash therein. But a man that is held in honour will not wash therein.
9. 1. Rue, goosefoot, purslane, hill-coriander, celery, and meadow-eruca are exempt from Tithes and may be bought from any one in the Seventh Year, since no watch is kept over the like of these.3 R. Judah says: After¬ growths of mustard are permitted since transgressors are not under suspicion concerning them. R. Simeon says: All aftergrowths are permitted excepting the aftergrowths of cabbage, since the like of these do not come within the class of wild vegetables. But the Sages say: All aftergrowths are forbidden.
2. Three countries3 are to be distinguished in what concerns the law of Removal:4 Judea, beyond Jordan and Galilee; and each of these is divided into three lands. [Galilee is divided into] upper Galilee, lower Galilee, and the valley: from Kefar Hanania upwards, wheresoever sycamores do not grow, is upper Galilee; from Kefar Hanania downwards, wheresoever sycamores grow, is lower Galilee; the region of Tiberias is the valley. And in Judea are the hill-country, the plain5 and the valley.6 The plain of Lydda is deemed to pertain to the plain of the south, and the hill-country near by is like to the king’s hill-country.7 From Beth-horon to the sea is reckoned a single district.
3. Why have they spoken of three countries? That they may eat [of Seventh Year produce] in each country only until the last [of the Seventh Year produce] in that country is ended. R. Simeon says: They have spoken of three countries only in what concerns Judea; the rest of the countries are as the king’s hill-country.8 All these countries are alike in what concerns olives and dates.
4. They may eat [Seventh Year produce which they have collected into their houses] only so long as like produce is still found free in the fields, but not so long as it is still found watched over [in private ownership]. R. Jose I <cf.
R. Eliezer (b. Hyrcanus) was at one time under a ban because of his heretical views * They are ownerless property and the sanctity of the Seventh Year does not apply to them.
* See Neub. 59E * If Seventh Year produce was gathered by any person he is permitted to eat it so long as like produce is still growing in the country where he lives. Once this produce has begun to wither in the fields, the gathered produce of that same species must be ‘removed’, i.e. be eaten forthwith, or burnt or thrown into the sea. Cf. M. Sh. 5*.
* Shephelah.
6 t. Shebi. 7*: from Engedi to Jericho. For the threefold division cf. Josh, io**; Judg. i*. Beyond Jordan is divided in like manner into hill-country, plain, and valley (see p. Shebi. 9*: the hill-country is Mach war, Gadar, and the rest; the plain is Heshbon with all the towns on the plain, such as Dibhon, Bamoth Baal, Beth Baal Meon, and the rest; the valley is Beth Haran, Beth Nimrah, and the rest).
7 i.e. like the hill country of Judea; and they may eat the Seventh Year produce there until the like kind disappears in the fields of the king’s hill-country.
8 In Galilee and beyond Jordan they may continue eating Seventh Year produce until the like produce comes to an end in the Judean hill -country (i.e. where, owing to its altitude, the time of ripening is late).
FIRST DIVISION: ZERAIM 5° allows it also when it is still found watched over [in private ownership]. They may [continue to] eat [Seventh Year produce] by virtue of [the continuance in the open field of] late-ripening grain, or of trees that bear twice in the year, but not by virtue of winter grapes. R. Judah allows this if they began to ripen before the summer [of the Seventh Year] was over.