1)

COLLECTING WOOD AND GRASSES (Yerushalmi Sheviis Perek 4 Halachah 1 Daf 9b)

îùðä áøàùåðä äéå àåîøéí îì÷è àãí òöéí )åàáðé') åòùáéí îúåê ùìå ëãøê ùäåà îì÷è îúåê ùì çáéøå [ãó ëå òîåã à (òåæ åäãø)] àú äâñ äâñ

(a)

(Mishnah): Originally they said that as long as a person collects only the large wood, he may gather wood and grasses from his own land in the same way that he would gather from his friend's land (where it is clear that he isn't attempting to improve the ground).

åîùøáå òåáøé òáéøä äú÷éðå ùéäà æä îì÷è îúåê ùì æä åæä îì÷è îúåê ùì æä ùìà áèåáä åàéï öøéê ìåîø ùé÷öõ ìäï îæåðåú:

(b)

When the (number of) sinners multiplied (who would collect even small pieces from their own field), Chazal decreed that a person may collect any wood from his friend's field, without receiving any favor (even the owner expressing gratitude), and the friend certainly may not agree to provide him with sustenance.

âîøà áøàùåðä äéå àåîøéí ëå' àîø øáé éåðä äëéï öåøëä îéúðé áøàùåðä äéå àåîøéí îì÷è àãí òöéí åòùáéí îúåê ùìå àú äâñ äâñ ëãøê ùäåà îì÷è áùì çáéøå áéï ã÷éí åâñéí

(c)

(Gemara): "Originally they said'' - R. Yona said that it should be taught as, "Originally they said that as long as a person collects only the large wood, he may gather wood and grasses from his own land in the same way that he would gather large and small pieces from his friend's land.

ðçùãå ìäéåú îì÷èéï ã÷éí åäï àåîøéí áâñéï ìé÷èðå äú÷éðå ùéäà æä îì÷è îúåê ùì æä åæä îì÷è îúåê ùì æä ùìà áèåáä

1.

They were suspected of collecting small pieces and claiming that they only gathered large ones, Chazal decreed that each may gather only from the other person's field, without receiving any favor (even the owner expressing gratitude).

ðçùãå ìäéåú îì÷èéï áèåáä åäï àåîøéï ùìà áèåáä ìé÷èðå äú÷éðå ùéäå îáéàéï îï ä÷øåá åîï äîöåé

2.

They became suspected of collecting for favor and they were denying it, so Chazal decreed that they should only collect from that which is near and Hefker (ownerless).

àîø øáé æòéøà øàùåðä øàùåðä îú÷ééîéí

(d)

(R. Zeira): The first decree became established but the second one became annulled (because the people were not able to fulfill it).

äéúä áäîúå ùí áäîúå îåëçú òìéå äéúä ëéøúå ùí ëéøúå îåëçú òìéå

(e)

If his animal was there, his animal proves that he is collecting wood for his animal rather than to improve the field. If his stove was there, it also proves that he needs the wood to fuel it.

ìé÷è áâñéï îäå ùéçæéø åéì÷è îï äâñéí ùáã÷éí

(f)

Question: If he collected large pieces of wood, may he return and collect small ones?

àí àîø àú ëï àó äåà îì÷è ëì ùãäå áùáéòéú

(g)

Rejection of question: If you say that he may, there will always be some large ones there and he will ultimately collect all of the wood in his field!

äéúä ùãäå îìéàä âñéï

(h)

Question: If his field was filled with only large pieces of wood, may he collect?

úøúéï îúðééï çãà àîøé (ùãé)[ùøé] åçãà àîøä àñåø

(i)

Answer: There are two Mishnahs with differing opinions about this - one permits and the other prohibits...

[ãó ëå òîåã á (òåæ åäãø)] äîñ÷ì ùãäå ðåèì àú äòìéåðéí åîðéç àú äðåâòåú áàøõ äãà àîøä (ùãé)[ùøé]

1.

One who removes stones from his field - he takes the upper ones and leaves the ones touching the ground - this indicates that it is permitted.

)àéæäå äîåãì)[àéæä äåà äîãì] àçú àå ùúéí äãà àîøä (àñåø)[ùøé] àó áîåòã ëï

2.

How many trees are considered Meidel (when there are many olive trees growing in close proximity, some are removed in order that the remaining ones grow better)? One or two. (Beis Hillel permits even uprooting them, even though it appears that he is working the land.) And similarly here, it is permitted to remove all of the wood. Is this also permitted on Chol HaMoed?

àùëç úðé îì÷è àãí òöéí åòùáéí îúåê ùìå àú äâñ äâñ ëãøê ùäåà îì÷è îúåê ùì çáéøå áéï ã÷éï áéï âñï áùáéòéú àáì ìà áîåòã

i.

Answer (Baraisa): As long as a person collects only the large wood, he may gather wood and grasses from his own land in the same way that he would gather large and small pieces from his friend's land. However, this is not permitted on Chol Hamoed, as it can wait until afterwards.

àó áàáðéí ëï

ii.

Question: Do the laws of gathering stones also apply to Chol HaMoed?

àùëç úðé àó áàáðéí

iii.

Answer (Baraisa): Yes.

[ãó é òîåã à] äìá éåãò àí ìò÷ì àí ìò÷ì÷ìåú

(j)

The person knows in his heart whether he is removing the stones to straighten his path or as a cunning way to improve his field.

øáé éåñé áùí îðçí øáé ò÷éáä (òáã ëùéèúéä([òáø áùîéèúà] çîà çã àéæîø ëøîà à''ì åìéú àñåø à''ì ìò÷ìéï àðà áòé äìá éåãò àí ìò÷ì àí ìò÷ì÷ìåú:

(k)

(R. Yosi citing Menachem): R. Akiva would walk around in Sheviis (checking if people were observing the laws). He saw a person pruning his vineyard and asked him, "Don't you know that this is prohibited?'' The man replied that he needs the branches to make baskets. R. Akiva said, "The heart knows whether you are pruning to make baskets or to improve the vine''.