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Tractate Peah, Chapter 3 Tosefta 121 The power of the poor person2 is stronger with regards to standing crops than with regards to a sheaf. And [yet at the same time the power of the poor person] is stronger with regards to a sheaf than with regards to standing crops.3 Because [all three gifts to the poor:] Leket (fallen stalks), Shikcha (forgotten sheaves) and Peah (corners of the field) apply to standing crops,4 but it is not so with regards to a sheaf, [to which only Shikcha and Peah apply, but Leket does not.]5 And [yet the opposite is true as well since] the sheaf that is two Seahs6 [in size by volume] and has been forgotten, is not considered to be Shikcha, unless it is smaller7 than two Seahs, [whereas standing crops are not considered Shikcha even if they are smaller than two Seahs in size, as long as they have the potential of being two Seahs in size in a different year due to better growth.]8 |
מסכת פאה פרק ג תוספתא יב יָפֶה כֹּחַ עָנִי בַּקָּמָה יֹתֵר מבָּעוֹמֶר, וּבָעוֹמֶר יוֹתֵר מִבַּקָּמָה. שֶׁהַקָּמָה יֵשׁ לָהּ לֶקֶט, שִׁכְחָה, וּפֵיאָה, מָה שֶׁאֵין כֵּן בָּעוֹמֶר. וְהָעוֹמֶר שֶׁיֵּשׁ בּוֹ סָאתַיִם וּשְׁכָחוֹ אֵין זוֹ שִׁכְחָה עַד שֶׁאֵין בּוֹ סָאתָיִם. |
Notes:
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The Tosefta continues to explain the Chachamim’s response to Rabban Shimon Ben Gamliel, why his Kal Vechomer (derivation from minor to major) does not work. See note 8 on the previous Tosefta. It is even possible that this Tosefta is part of the direct quote of the Chachamim’s response to Rabban Shimon Ben Gamliel, in which case it should not have been separated into a separate paragraph, but rather should have remained attached to the previous Tosefta. Since I am following the numbering system of the Tosefta printed in the back of the Vilna edition of Talmud Bavli, I have chosen to keep it separate and not put the text in quotations leaving the possibility that this is merely a separate clarification of the Chachamim’s statement made by the Tosefta’s redactor and not by the Chachamim themselves.
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The expression “the power of the poor person” refers to the ability of the poor person being capable of collecting the gifts to the poor. If by law he can collect more gifts in a given case than his power is stronger, whereas if by law he can collect less gifts in a given case than his power is weaker.
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The Tosefta will explain in the following sentence in which case the poor can collect more gifts with regards to standing crops than sheaves and in which case they can collect more with regards to sheaves than standing crops.
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This is self-evident and has been explained on many occasions throughout this tractate until this point.
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Shikcha applies to sheaves by definition. See Devarim 24:19-21. It was mentioned above in Tosefta Peah 1:6 that Peah applies to sheaves as well. However, Leket by definition applies to single dropped stalks as they are being cut, and therefore cannot apply to sheaves. See Mishna Peah 6:5.
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For an explanation of the measure of Seah see above Tosefta Peah 2:11, note 7, in the middle of the note.
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In the Vienna manuscript the text reads עַד שֶׁיש בּוֹ סָאתָיִם, “unless it is larger than two Seahs.” (Literally: until there are in it two Seahs) Although this reading can be explained in an awkward fashion by inserting extra words, I have chosen to change it to the reading of the Erfurt manuscript, which reads עַד שֶׁאֵין בּוֹ סָאתָיִם, “unless it is smaller than two Seahs,” (literally: until there are no two Seahs in it) because it makes a lot more sense and makes the text flow much better.
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See note 8 on the previous Tosefta for an explanation of this case.
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