Charity from the Field: A Case of Vanishing Mitzvot

(1) ובקצרכם AND WHEN YE REAP [THE HARVEST OF YOUR LAND, THOU SHALT NOT MAKE CLEAR RIDDANCE OF THE CORNER OF THE FIELD] — Scripture repeats the prohibition here (although it has already been mentioned above, 19:9) in order to make one who transgresses this law infringe two negative commands. R. Abdima the son of R. Joseph said: What reason had Scripture to place it (the law concerning the corner of the field) amidst those regarding the festival-sacrifices — those of Passover and Pentecost on this side of it, and those of the New Year, Day of Atonement and “the Feast” (Tabernacles) following on that side of it? To teach you that he who leaves the gleanings, the forgotten sheaf and the corner of the field to the poor as it ought to be, is regarded as though he had built the Temple and offered his sacrifices therein (cf. Sifra, Emor, Chapter 13 11).

A. Read "Uvikutzrichem" (when you harvest) as "uviktzir" and "chem" to teach that one needs to set aside one of sixty (the Gemmatria/numerology of "chem" being "Chaf" (20) plus "Mem" (40). Furthermore, a derivation of the word "ktzir" (harvest) appears four times in the verse, to deduct from the total harvest that which is 1) harvested by thieves, 2) gnawed by insects, 3) broken by the wind, 4) eaten by animals B. "The edges of your field" is considered one portion out of sixty

(1) These are the things that have no definite quantity: The corners [of the field]. First-fruits; [The offerings brought] on appearing [at the Temple on the three pilgrimage festivals]. The performance of righteous deeds; And the study of the torah. The following are the things for which a man enjoys the fruits in this world while the principal remains for him in the world to come: Honoring one’s father and mother; The performance of righteous deeds; And the making of peace between a person and his friend; And the study of the torah is equal to them all.

(2) They should not leave peah of less than one-sixtieth [of the field]. But even though they said, “there is no measure for peah,” everything depends upon the size of the field, the number of poor people, and the extent of the yield.

(14) According to Scriptural Law, all of these presents for the poor must be given only in Eretz Yisrael like terumah and the tithes, as [indicated by Leviticus 19:9]: "When you reap the harvest of your land" and [Deuteronomy 24:19]: "When you reap your harvest in your field." It has already been explained in the Talmud that [the mitzvah of] pe'ah must be observed in the Diaspora according to Rabbinic decree. It appears to me that this law applies to all the remainder of these presents to the poor. All of their [obligations] must be observed in the Diaspora according to Rabbinic decree.

§ With regard to gifts left for the poor, the Gemara relates that Levi sowed crops in his field in Kishar, but there were no poor people in Kishar to take gleanings from his field. Levi came before Rav Sheshet to ask what should be done with the gleanings. Rav Sheshet said to him: The verse states with regard to the mitzvot of pe’a and gleanings: “You shall leave them for the poor and for the stranger” (Leviticus 23:22), and not for the ravens nor for the bats. Since there are no poor people to take the gleanings, you should take them for yourself. The Gemara raises an objection from a baraita: The owner of a field does not need to expend the effort to bring teruma, neither from the threshing floor to the city nor from the wilderness to a settled area, in order to give it to a priest. Rather, the priest must travel to the field to receive the teruma. And if there is no priest there, at the threshing floor or in the wilderness, to receive the teruma, the owner must hire a cow and bring the teruma to the city, due to the loss of teruma that would occur if it were left in the field. According to this baraita, the owner of the field should likewise be obligated to do the same with gleanings. **The Gemara explains: Teruma is different, in that if it is not separated it causes the entire crop to be considered untithed, and it is therefore not possible for one not to separate teruma from the crop. By contrast, gleanings do not render the remaining crop prohibited for consumption, and therefore it is not necessary to set them aside and remove them.**

(10) With regard to [these] presents for the poor, it is said: "Leave it for the poor and the stranger." [Implied is that the obligation exists only] when the poor demand them. If the poor cease seeking them and searching for them, the remainder is permitted for any person. For - in contrast to terumah - the physical substance [of the crops] does not become consecrated. Nor is he required to give their worth to [the poor], for it is not stated [that he should] give them to the poor, but that he should "leave it." He is not commanded to leave it for the beasts and the wild fowl, but for the poor, and there are no poor.

A) The ruling for Gifts to the Poor. They are all considered part of one clause. For Leket (gleaning), Shichchah (forgotten sheaves), and Pe'ah (edge of the field), if there are no poor of Israel found there to taken them, one need not set them aside. (Rama: These days, it stands to reason that we are not accustomed to set these aside since most people are gentiles and if [Jewish farmer] set [leket, shichchah, and pe'ah] aside, gentiles would come and take them)

a) There is no need to set them aside: We are not directed from the Torah [to do this] except in the Land of Israel, and the obligation to do so outside of Israel is a Rabbinical injunction.

A) Gifts to the Poor, which are Leket (gleanings), Shichchah (forgotten sheaves), etc., Maimonides wrote that we are not directed by Torah law to perform these mitzvot except in Eretz Yisrael. In Chapter 1 of the Halachot of Gifts to the Poor, he wrote in these words, "for all these gifts to the poor, we are not directed by the Toah to perform them except in the land of Israel as applies toTerumot (Priestly portions) and Maaserot (tithes) ... (however) It was already explained in the Talmud that we are accustomed to set aside Pe'ah outside of Israel. And it appears to me that this is also the rule for the rest of the gifts to the poor. In fact, they are all practiced outside of Israel according to the Rabbis of the Talmud in the discussion in Chullin 137b in the portion on the first of the shearing. There, both Rav and Shmuel say that Peah is one in sixty. But we learn from the text that if there are no poor people gleaning, there is no requirement to set aside for them. Thus wrote Maimonides, citing the discussion in Chullin 134a. So what do we make of the Rama's comment that we are not accustomed to practicing leaving aside for the poor from field because most (of the poor) are gentiles, etc.? Because of this, the poor of Israel will abandon hope, and furthermore, one can say that they did not say one is obligated to set aside gifts for the poor outside of the land of Israel generally, but only areas adjacent to the land of Israel, just as Terumot and Maaserot are required. However, in far off places, just as Jewish farmers are exempt from Terumot and Maaserot, they are exempt from gifts to the poor.