3,149. Piling One's Harvest on Top of Leket

Hilchos Matnos Aniyim 4:6

Let’s say that some leket fell to the ground, it wasn’t taken by the needy, and the landowner made a pile of his harvest on this spot. In such a case, he must move his own grain somewhere else and all the stalks that touch the ground are left for the needy. This is because we don’t know which stalks were leket and when there’s a doubt regarding the gifts for the needy, we err on the side of the needy. This is based on Leviticus 23:22, which says to “leave” from our produce for them.

Hilchos Matnos Aniyim 4:7

The reason we don't just estimate an appropriate amount leket (as we do in halacha 4:5) is because the owner acted inappropriately by making his pile on top of the leket. Because of this, he pays a penalty, even if he acted unintentionally. All of the produce touching the ground goes to the needy even if the leket was barley and he piled wheat on top of it (so we can tell what’s what), even if he called the needy to come take the leket and they didn’t do so, and even if others piled his grain there without consulting him.