Peah 7:6-7

Peah 7:6

Important background information: The fruit of a tree could not be used for the first three years; in the fourth year, the fruit is sanctified, similar to maaser sheini (second tithe). Like maaser sheini, this produce must be taken to Jerusalem. If this is too difficult, one could redeem it for money, then take the money to Jerusalem.

Beis Shammai say that if one redeems produce of the fourth year, he need not add one-fifth of its value as one does with maaser sheini, nor must it be removed by Passover, which is the case with maaser sheini. Beis Hillel say that one must add a fifth and remove the produce by Passover, the same as with maaser sheini. Beis Shammai say that the fruit of the fourth year is subject to the laws of peret (gleanings) and olelos (underdeveloped grapes), the same as any other vineyard, and the poor who receive these shares are responsible to redeem them themselves. Beis Hillel say that all the grapes – including what would go to the needy as peret and olelos – is pressed in the vat and the land owner redeems it.

Peah 7:7

If a vineyard is entirely olelos (underdeveloped grapes), Rabbi Eliezer says it all goes to the land owner and Rabbi Akiva says it all goes to the needy. Rabbi Eliezer cites Deuteronomy 24:21, “when you harvest grapes…do not glean” – if there’s no harvest for the owner, where are the olelos coming from? Rabbi Akiva countered by citing Leviticus 19:10, “Do not glean your vineyard” – even if it is completely olelos. If that’s the case, how are we supposed to understand Deuteronomy 24:21? This verse is meant to teach us that the needy are not entitled to take the olelos until the owner begins the harvest.