To my knowledge, Sefichim Asurim Beshviit. This from Soferim. My question regarding Masechet Shekalim Perek Dalet, Mishna Alef: The Mishna tells us that they used to take guards to watch the Sefichim, so people will not take them. Was this before Sofrim Gazeru that Sefichim in Sheviit Asurim, or after? If it is after? Why they needed shomerim for something that was decided as Assur?
Bechavod Rav,
Aaron Gal, Fair Lawn, New Jersey USA
That is an excellent point. This presumably was written after the Gezeirah, and if so why would we suspect people of collecting the grain for themselves, if it was prohibited to them? (For the Korban, the Rabanan certainly permitted its use, but why would it need to be guarded?) I found that the Mikdash David asks your question (Shevi'is 59:3).
Your question is even stronger according to Rebbi Akiva (Pesachim 49b) who prohibits Sefichim according to the Torah (but nevertheless permits it to be used for the Korban ha'Omer - see Tosfos Menachos 84a).
A similar question may be asked regarding the Ketzirah: since it is prohibited to harvest before the Omer is harvested, and to harvest during Shemitah, why would it be necessary to guard it? Just put up a sign listing the prohibitions involved with taking it!
(a) The simply answer to these questions would be that the guards were there to prevent animals or gentiles from taking the produce. However, the Rishonim seem to understands that the guards prevented Jews from taking the produce as well.
Tosfos in many places (Bava Metzia 58a, Rosh Hashanah 9a, Menachos 84a) explains that the Shomrim would keep away the animals and notify people that the field is being saved for the Omer, after which the people would refrain from picking the produce. Apparently, if we only wanted to keep away animals, it would be sufficient to make a fence.
So we must deal with our questions one by one.
(b) As far as Sefichim - the Rabanan did not prohibit Sefichim from 4 types of fields that are not generally planted. However, it is unlikely that the Rabanan would choose just such a field to guard from the Omer every Shemitah.
The Rambam adds, however (Hilchos Shemitah 4:4), based on a Yerushalmi, that the Rabanan did not prohibit Sefichim of Teven, straw and hay. If so, people could pick the new barley in order to save the stalks for straw, and that is why Shomrim are necessary.
(c) This does not address the opinion of Rebbi Akiva, who prohibits all Sefichim, without exception, mid'Oraisa.
The Mikdash David answers based on the Sha'ar ha'Melech (Shemitah 2:4) who writes that the Torah only prohibits eating Sefichim, not having benefit from them in other ways. The Sefichim could be used for feeding animals or other uses.
However, he shows that the Rishonim (Rosh, Shevi'is end of 9:1, Tosfos Ta'anis 6b) do not take this position. They prohibit feeding Sefichim to animals or burning them as well.
Perhaps the only reason Shomrim were necessary is to prevent people form accidentally stepping on them or otherwise destroying them, according to Rebbi Akiva, since if Sefichim were Asur to eat, they probably did not have the Kedushah of Shevi'is, which prohibits destroying Shemitah produce.
(d) As for Ketzirah during Shevi'is, and before the Omer, that would not be permitted if done bit by bit (because of Shevi'is) and by hand (because of Chadash).
I hope this helps you.
Best wishes,
Mordecai Kornfeld