MISHNAH: Rebbi Jehudah says, originally they were uprooting and throwing down⁷⁶The public employees checking the fields for kilaim tore out all kilaim growth and left it lying on the fields.. When the number of transgressors rose⁷⁷The farmers did not check for kilaim themselves since the public employees not only weeded the fields for them but also provided them with animal fodder., they were uprooting and throwing on the roadways⁷⁸Then the uprooted growth was no longer animal feed but at least they got the fields weeded on public expense.; they instituted that they were declaring the entire field as ownerless⁷⁹Not the real estate but the crop growing on it..

HALAKHAH: “Rebbi Jehudah said.” It was stated: Rebbi Jehudah said, originally they were uprooting and throwing down before them; they were twice happy, first that they weeded their fields and second that they could use (the robbery) [the kilaim ]⁸⁰The corrector’s [text] clearly is the correct one, supported by B; the scribe’s (text) possibly was caused by a lapse of attention.. When the number of transgressors rose, they were throwing it on the roadways, and still they were happy that they weeded their fields. They instituted that they were declaring the entire field as ownerless.

From where that a declaration of forfeiture by a court makes it ownerless? ⁸¹The following text is copied from Peah5:1 (פ). From the middle of the text there are two Genizah sources edited by Ginzberg without noting the readings differing from the editio princeps(Yerushalmi Fragments from the Genizah, New York 1909), one noted G (pp. 120,122,129,131), the other ג (pp. 121, 123–128,130,132–139). It is written⁸²Ezra10:8. Babli Yebamot89b.: Anybody who will not come within three days conforming to the decree of the rulers and the elders, all his property shall be devoted to destruction and he shall be separated from the community of the Diaspora⁸³If the decree of the Court did not make the property abandoned, its destruction would have to be considered theft. Since Ezra was a teacher of the Law, his rulings have to be accepted.. From where that it⁸⁴Produce declared ownerless by a decree of court. The intricacies of these rules are explained in Peah; they have no relevance here. is free from tithes? Rebbi Jonathan, the son of Rebbi Isaac bar Aḥa understood it from the following⁸⁵Tosephta Sanhedrin2:9, Sanhedrin Yerushalmi 1:2 (Note 207), Babli 12a; Nedarim6:13 Note 83.: “One intercalates⁸⁶Since the Jewish year is both lunar and solar, but 12 lunar months are only approximately 254 days, in 19 years there have to be seven intercalary years of 13 months each. For details see the author’s Seder Olam(Jason Aronson, Northvale NJ, 1998). years neither in the Sabbatical year, nor in the year following the Sabbatical; but if they did intercalate it is intercalated.” The one month he adds, is it not free from tithes⁸⁷Since the spontaneous growth of the Seventh Year may be taken by everybody, it is not your harvest and, hence, biblically free from heave and tithes even if taken by the owner of the land. If the Supreme Court declared the year intercalary against the rules, it is nevertheless a valid 13 months year and all produce is legally abandoned property.? That refers to the Sabbatical year. What about the year after the Sabbatical? Rebbi Abun said, not to prolong the prohibition of new grain⁸⁸New grain may be eaten only after the Omer sacrifice on the 16th of Nisan, Lev. 23:14. The intercalation of a month, which always falls in Adar, unnecessarily postpones the harvest of new grain.. ⁸⁹This paragraph is an aside, taken from Ševi`it6:4, also Nedarim6:13. It explains why our calendar today does not take the Sabbatical year into consideration when determining intercalary months in the 19 year cycle. Rebbi Ze`ira in the name of Rebbi Abbahu: That is only before Rebbi permitted the importation of vegetables from outside the Land. But after Rebbi permitted the importation of vegetables from outside the Land, the Sabbatical year is as any other year⁹⁰The soil outside the Land of Israel is unclean (cf. Amos7:17). In former times Jews did not use vegetables from outside the Land since it might have particles of soil still clinging to it. But after the last remnants of the ashes of the Red Cow disappeared, these laws became inoperative and it was possible for everybody, even the most scrupulous, to eat imported vegetables. This has to be dated to the times of Rebbi. Cf. commentary to Mishnah Berakhot 1:1..

It was stated: One does not intercalate in the Sabbatical Year [nor in the year following the Sabbatical;]⁹¹Corrector’s addition, unjustified since the words also are missing in ג and in Peah. but only in other years of a Sabbatical period, but if they did intercalate it is intercalated. Rebbi Mana said, that refers to earlier times when years were in order, but now that years are not in order⁹²Probably this means that since the Roman (Byzantine) government collects taxes from farmers also in the Sabbatical, they are forced to grow produce also in the Sabbatical; there no longer is any reason to treat the Sabbatical differently., the Sabbatical year is like any other year. It was stated: The house of Rabban Gamliel intercalated immediately after the end of the Sabbatical year. Rebbi Avin said, from this⁹³All the previous arguments which prove that the action of the court can free produce from the Biblical obligations of heave and tithes are not relevant since there is a biblical obligation to manipulate the calendar so that Passover should fall in the month of the Spring equinox. Hence, the obligation to intercalate is biblical rather than rabbinic. you do not infer anything. watch the spring month⁹⁴Deut. 16:1.. Watch it that it should come in its renewal.

What text implies this⁹⁵Which Mishnah text implies that property decreed ownerless by the court is legally abandoned property?? “For a grain stack under which gleanings were not collected, all ears that touch the ground are for the poor.”⁹⁶Mishnah Peah5:1. Rebbi Immi in the name of Rebbi Simeon ben Laqish: This is from the House of Shammai. Rebbi Yose⁹⁷With the text in Peah one has to read R. Yasa, contemporary of R. Immi, not R. Yose who has to be dated 2 generations later. said to him: We understand that according to everybody, this is a fine⁹⁸As explained in Peah5:1, Note 4. There is no biblical reason why the ears touching the ground should be given to the poor; the farmer is fined since he put his sheaf on a place where the poor could not yet have taken the gleanings. The disagreement between the Houses of Shammai and Hillel is explained in ג: The House of Shammai hold that things abandoned exclusively for the use of the poor are legally abandoned whereas the House of Hillel hold that only things unconditionally abandoned are legally abandoned and therefore exempt from heave and tithes (Mishnah Peah6:1).. Following the House of Hillel, the poor give tithes and eat.