MISHNAH: Until when may one plough a shadeless¹ field in the year preceding the Sabbatical? After the humidity stops², as long as people plough to plant melon and gourd fields. Rebbi Simeon said, you put the instruction for every individual in his own hand! But a shadeless field until Passover, a field with trees until Pentecost³.

footnotes: ¹ “White field”, bright in the sunshine. ² After the surface of the unirrigated field becomes dry after the spring rains. An irrigated field may be ploughed until the New Year, as explained in Mishnah 2. The reading משתיכלה is that of the Yerushalmi Mishnah (ed. Low) and of the Leyden ms.; the Babylonian Mishnah, Rome ms., and a Genizah fragment of the Yerushalmi read עד שתיכלה “until it stops”. Since the operative sentence is the following, “as long as people plough to plant melon and gourd fields”, the difference is purely stylistic. ³ The opinion of the House of Hillel in Mishnah 1:1.

HALAKHAH: “Until when may one plough,” etc. Who is the Tanna who considers humidity? He is Rebbi Meïr⁴. Then Rebbi Meïr follows the House of Shammai and Rebbi Simeon the House of Hillel. Could we conclude that in our Mishnah Rebbi Meïr follows the House of Shammai and Rebbi Simeon the House of Hillel⁵ Chapter 5, Notes 117–120.? It must be that Rebbi Meïr follows the first Mishnah and Rebbi Simeon the later Mishnah⁶. Could we conclude that in our Mishnah Rebbi Meïr follows the first Mishnah and Rebbi Simeon the later Mishnah⁷? But for Rebbi Meïr it is taught as a disagreement⁸ and for Rebbi Simeon it is the opinion of everybody. Hence, the author of “until when may one plough a shadeless field in the year preceding the Sabbatical” is Rebbi Meïr, but following Rebbi Simeon everybody agrees to “until Pentecost.”

footnotes: ⁴ An anonymous Mishnah is supposed to be R. Meïr’s unless proven to have a different author. The Mishnah makes ploughing dependent on the state of the field; in Mishnah 1:1 the House of Shammai permit ploughing according to the individual circumstances of every orchard. ⁵ Since practice has to follow the House of Hillel, R. Meïr’s opinion is to be superseded by that of R. Simeon. The Yerushalmi holds that R. Simeon is a higher authority than R. Meïr if R. Meïr is mentioned by name (cf. below, Halakhah 8:7); cf. also Demay ⁶ The previous answer is unsatisfactory. If Rebbi wanted to indicate that practice does not follow R. Meïr, he would not formulate his as the anonymous (operative) opinion. Hence, while practice follows R. Simeon, we have to assume that practice will follow R. Meïr if the two periods before the Sabbatical year, abolished by Rabban Gamliel, will be re-instituted. ⁷ There would be an internal inconsistency in the Mishnah; the two authors would then talk about two different subjects and the formulation as a disagreement would be wrong. ⁸ There is a disagreement in the interpretation of the House of Hillel for shadeless fields if it rains after Passover, when the House of Hillel will permit continued ploughing, while for R. Simeon the stated limits are absolute. In this interpretation, the opinion of the House of Shammai is disregarded, and the later statement “following R. Simeon everybody agrees to ‘until Pentecost’ ” is shorthand for the entire statement of R. Simeon in the Mishnah.

Not only a field planted with melons and gourds but even when people intend to plant melons and gourds in the future it is permitted⁹ melon and gourd fields.” Then it is stated that the field does not have to be a melon or gourd field at the time of ploughing..

footnotes: ⁹ This text is redundant with the Mishnah text given here (and in the Leyden ms. as well as the Munich ms. of the Babli.) It refers to the Mishnah text in most of the remaining mss: “as long as people plough to plant in

“Rebbi Simeon said, you put the instruction for every individual in his own hand!” One will say, the moisture of my field is gone; the other one will say, the moisture of my field is not yet gone. “But a shadeless field until Passover, a field with trees until Pentecost.”

What explains the difference¹⁰ between a shadeless field and an orchard? Since a shadeless field will be newly sown it needs existing superficial moisture but an orchard which already is planted does not need superficial moisture.

footnotes: ¹⁰ The difference in rules applying to the different kinds of fields.

MISHNAH: One fertilizes and hoes in melon and gourd fields until the New Year; the same applies to irrigated fields. One trims, removes¹², dusts, and smokes until the New Year. Rebbi Simeon said, one may even remove a leaf from a bunch in the Sabbatical year. One may remove stones²⁵ until the New Year. One cuts²⁶, prunes, and shapes until the New Year. Rebbi Joshua says, like the pruning and shaping of the fifth year²⁷, so is that of the sixth. Rebbi Simeon says, any time that I may work the tree I may shape it.

footnotes: ¹² The leaves, as explained in the Halakhah. According to Maimonides, R. Simeon permits this particular activity also in the Sabbatical year. However, it seems that R. Simeon permits only the removal of leaves from bunches of grapes if otherwise the grapes would rot; see the Halakhah. ²⁵ From his field. ²⁶ Really “nibbles”, in an unsystematic way. “Pruning” means eliminating unwanted new shoots, “shaping” means eliminating dead wood. ²⁷ When there are no time limits on any agricultural work.

HALAKHAH: “One gives manure and one hoes in melon fields”, etc. May one plough for these¹³? It was stated: “As long as one may plough one may fertilize and hoe; if one may not plough then one may neither fertilize nor hoe.” Rebbi Yose said, the Mishnah implies this: “One fertilizes and hoes in melon and gourd fields until the New Year; the same applies to irrigated fields,” and we have stated on this¹⁴ p. 494) wants to prove from this that the reading “three days” is found only in the corrector’s text, but this is contradicted by the majority of the Tosephta sources. The “30 days” reading in the Tosephta is unsubstantiated.: “One ploughs irrigated fields until the New Year; Rebbi says until three days before the New Year so that one may sow and it starts to form roots, or one plants and it starts to form roots.” If it would grow roots in three days! “Rebbi says, until three months before the New Year so that one may sow rice, have it form roots, transplant it and have the roots take hold.¹⁵”

footnotes: ¹³ Plough the manure under; otherwise the fertilizer would not be effective. ¹⁴ Tosephta 1:12: “One ploughs an irrigated field and irrigates them [the plants growing there] 30 days before the New Year. Rebbi says, until [Vienna ms. thirty days] [Erfurt ms. and printed text: three days] before the New Year, so that one may sow and it starts to form roots, or one plants and it starts to form roots.” The first hand of the Leyden ms. has only the quote of the Mishnah and the reformulated statement of Rebbi. R. S. Lieberman (Tosefta ki-fshutah Zeraïm ¹⁵ Since rice usually is transplanted, this corrected version makes more sense.

One trims to remove outgrowths¹⁶. One removes leaves. One dusts, puts dust over it. One smokes, one makes smoke under it. It was stated¹⁷ Chapter 4, Note 60) under branches heavy with fruit. The disagreement shows that the expression was no longer in use in Amoraic times.: “One straightens them, one makes them grow sidewise.” One straightens for it. One makes it grow sidewise: The colleagues say, one makes a forked support for it; Rebbi Yose says, one weighs it down by a stone.

footnotes: ¹⁶ The technical terms used in the Mishnah are explained. All the terms refer to trees, not to sown plants. ¹⁷ A Tosephta (1:11) also uses the term מצדדין. It seems that מכוונין refers to training fruit trees on an espalier. The translation of מצדדין as “make it grow sidewise” is adequate only for the explanation of R. Yose, that one weighs the branches down so they cannot grow upwards. In the interpretation of the colleagues, one supports branches growing sideways by putting forked supports (cf. Kilaim

It was stated¹⁸ p. 490) wants to explain (from rabbinic Hebrew) that one slips the vines off the supporting poles. The derivation from the Arabic technical term seems preferable.]: “One strings and spreads.” So is the baraita: One strings vines and spreads them on the poles. “At a place where one usually¹⁹ strings and spreads before Sukkot one strings and spreads before Sukkot; after Sukkot, one strings and spreads after Sukkot. Rebbi Simeon says, only higher than the notch²⁰.”

footnotes: ¹⁸ Tosephta 1:7. Since the text deals with the care of trees, it is impossible to derive the verbs from Rabbinic Hebrew ותר “to be indulgent, forgo one’s rights”, שמט “to loosen, cause release” or Biblical Hebrew שמט “to renounce”. One has to derive the first term from Arabic ותר (Hebrew יתר) “to string, stretch, draw tight” (the branches of the vine on the espaliers) which somehow may be connected with יתר “to increase, make more bountiful” (also found in Accadic). The verb שמט in classical Arabic means “to spread out the foliage (of a tree)”. There is an Arabic technical term מסמט “vine prop” fitting the context. [R. S. Lieberman (Tosefta ki-fshutah ¹⁹ In non-Sabbatical years. Any work belonging to the produce of the sixth year is permitted if it is customary. ²⁰ It is difficult to see what kind of stringing or propping up could be done lower than the first notch from which the stem branches out.

Rebbi Jeremiah in the name of Rebbi Hoshaia, Rebbi Jacob bar Aḥa, Rebbi Yose bar Ḥanina in the name of Rebbi Ḥama, father of Rebbi Hoshaia: He takes all accumulations with it²¹. “Rebbi Simeon said, one may even remove a leaf from a bunch in the Sabbatical year.” The position of Rebbi Simeon is inverted: We have stated there (Mishnah 2:10): “One may tear off²² 1:15) give the root the meaning “to water”; this does not fit the sense of Rabbinic ממרס which elsewhere means either (1) “to stir” or (2) “to crush, quash”. Arabic and Hebrew meanings (2) may be supported by Accadic marašu “to get into bad shape”. rice in the Sabbatical year; the words of Rebbi Simeon are that one may not trim²³.” And here, he says so? There is a difference here, he is like one who saves from a fire²⁴.

footnotes: ²¹ This refers to the statement of R. Simeon in the Mishnah, quoted in the next sentence. When one removes leaves to expose the grape bunches, he may also remove anything needed to be removed, even other bunches, and is not guilty of harvesting for his own use in the Sabbatical year. ²² This follows R. Y. Qafeḥ in his translation of Maimonides’s Mishnah Commentary; he notes that Maimonides’s Arabic expression מדס may mean (1) “to macerate in water” and (2) “to tear off in irregular fashion, mutilate”; in the dictionaries (2) is given as translation of מדש. All halakhic commentaries (R. Simson, R. Isaac Simponti, and the commentators to Maimonides’s Šemiṭṭah weYovel ²³ In his translation of Maimonides’s Mishnah Commentary, Alḥarizi translates כסח as “to hoe”. ²⁴ He is only permitted to remove the leaves if otherwise the bunches would be ruined, not as regular tending.

“One may remove stones until the New Year”, etc. There, we have stated²⁸: “He who removes stones takes the upper ones and leaves those lying on the ground.” And here you say so? Rebbi Jonah said, there when they are loose, here when they are connected to the ground.

footnotes: ²⁸ Mishnah 3:7, dealing with work permitted during the Sabbatical year. If one may remove stones during the Sabbatical year, there seems to be no reason why removing the stones should be restricted to the time before the New Year.

Rebbi Yose said, we were of the opinion to say that Rebbi Simeon holds with Rebbi Joshua in cutting, that there are two tannaїtic positions: “One may remove stones until the New Year, one cuts, prunes, and shapes until the New Year” following the rabbis. “Rebbi Joshua says, like the pruning and shaping of the fifth year, so is that of the sixth.” But there are three Tannaïm. “One may remove stones until the New Year, one cuts, prunes, and shapes until the New Year” following the rabbis. “Rebbi Joshua says, like the pruning and shaping of the fifth year, so is that of the sixth,” even after that. “Rebbi Simeon says, any time that I may work the tree I may shape it,” until Pentecost.

MISHNAH: One dirties²⁹ saplings, ties them³⁰, clips them, builds them shelter, and waters them until the New Year. Rebbi Eleazar ben Rebbi Ẓadoq says, one may water the leaves in the Sabbatical year but not the stem. One rubs unripe figs and pricks them until the New Year³⁸50b, the Mishnah is quoted in the form: “One rubs unripe figs [with oil], pricks and fattens them until the New Year”. All rubbing is done with olive oil.. One may not rub or prick unripe figs entering the Sabbatical year, or those of the Sabbatical year leaving it. Rebbi Jehudah says, at a place where people usually rub them, one may not rub them because that is agricultural work, but in a place where one does not usually rub, he may do so. Rebbi Simeon permits it for a tree since one may work a tree³⁹.

footnotes: ²⁹ One treats saplings with evil smelling chemicals if necessary (according to Maimonides, with a mixture of meat sauce and vinegar, to keep worms and insects away.) The notion of “sapling” was defined in Halakhah 1:9. ³⁰ One ties the branches to the stem. ³⁸ Commentary of Maimonides: “At some places here figs do not ripen unless one takes a toothpick, rubs it with oil, and uses it to prick each single fruit.” If a fig is still unripe shortly before New Year’s day, chances are it would not ripen without human intervention. In Babli Avodah Zarah ³⁹ Since R. Simeon in Mishnah 2 forbade all work on a tree after Pentecost, his statement here can apply only to a tree full of unripe figs at the end of the Sabbatical year when one may work on these fruits since they never were edible in the Sabbatical year.

HALAKHAH: “One dirties saplings” etc. The Mishnah follows Rebbi, but according to the rabbis one dirties, one removes worms in the Sabbatical year but not on [the intermediate days of] holidays³¹ʻed Qaṭan.. In neither case does one cup³² is quoted in Babli Avodah Zarah 50b by R. Abba bar Jeremiah. Rashi explains there that “cupping” means cutting branches so as to create new notches from which multiple branches will sprout. The corresponding Arabic word is גזם “to cut”. A somewhat parallel version in the Tosephta (1:11), referring only to the Sabbatical year, has מגמזים by metathesis. but one may remove what one sees³³.

footnotes: ³¹ When all non-urgent agricultural work is forbidden, as detailed in Tractate Mo ³² This baraita ³³ “Removing worms” means drilling into a tree to remove worms from inside the tree. This one may not do on a holiday but worms or moths visible from the outside may be removed.

Rebbi Yose said that Rebbi Abuna asked: What is the difference between dirtying and making a shelter³⁴? Dirtying is like appointing a watchman, a shelter creates shadow [for the plant] and it grows because of that.

footnotes: ³⁴ Why do the rabbis permit dirtying during the Sabbatical year but not building a shelter. Dirtying is a prophylactic against damage but building a greenhouse around a plant helps in promoting growth.

There (Mishnah 4:5), we have stated: “He who breaks off [branches] from an olive tree should not cover with dust but he may cover with stones or straw.” Rebbi Jonah said that Rebbi Abuna asked: What is the difference between straw and dust? Straw may only be compared to appointing a watchman, dust creates clay and [the plant] grows because of that.

It was stated³⁵: “Rebbi Yose ben Kippar said in the name of Rebbi Eleazar ben Shammua‘ that the House of Shammai say, one waters the leaves and it trickles down to the root, but the House of Hillel say, one waters both on the leaves and on the root.” In the House of Rebbi Yannai one watered with a basket³⁶. Rebbi Yaakov bar Zavdi said: Rebbi Isaac ben Tevele watered with a basket. Rebbi Ḥiyya bar Abba: Rebbi Yudan bar Guria³⁷ watered with a basket and hoed. Did he intend to work the land? In the days of Rebbi Ḥiyya bar Abba they watered date palms with new brooms and dried branches

footnotes: ³⁵ Tosephta 1:5. There, the tradition is in the name of R. Eliezer, and the House of Hillel argue that either watering is permitted or it is forbidden; there can be no partial permission. Since R. Yose ben Kippar, Tanna of the fifth generation, was a student of R. Eleazar ben Shammua‘, the text here is the better one. ³⁶ In order not to water in a proffestional way. ³⁷ An Amora mentioned only here, in a disapproving way. He loosened the earth around the stem so the water should reach the root. It is objected that this is professional tending of the tree. If it is necessary to loosen the earth around the stem, it should be done in a non-professional way, using a hard broom or dried branches.

“One rubs unripe figs,” etc. We have stated: “One rubs unripe figs.” In the House of Rebbi they stated⁴⁰: “These are the unripe figs from the year before the Sabbatical which enter the Sabbatical.” Rebbi Eleazar follows our Mishnah. Rebbi Joḥanan follows those who stated in the House of Rebbi. In the opinion of Rebbi Eleazar, Rebbi Jehudah comes only to make things easy⁴¹. In the opinion of Rebbi Joḥanan, Rebbi Jehudah comes only to make things harder.

footnotes: ⁴⁰ Tosephta 1:8. This Tosephta cannot be the source of the Yerushalmi since it does not mention the opinion of the anonymous Tanna. The Tosephta makes clear that, in its opinion, nobody permits treating the unripe figs in the year following the Sabbatical. ⁴¹ Since the anonymous Tanna permits only until the New Year. R. Jehudah permits where the anonymous Tanna forbids. Since in the Tosephta, the first Tanna is not mentioned but R. Jehudah is mentioned by name, it follows that for the Tosephta the unnamed majority will allow unrestricted oiling of unripe figs left over from the preceding year’s harvest.

MISHNAH: One does not plant, sink⁴² 7:1, Note 1., or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted he has to uproot it. Rebbi Jehudah said, any graft that does not take hold within three days will never take hold⁴³10b) Rebbis Jehudah, Yose, and Simon are restrictive and require that the graft take hold thirty days before the New Year. According to Rabbenu Tam, it is permitted to plant up to three days (or two weeks) before New Year’s day. Which opinion is supported by the Yerushalmi depends on the interpretation of the sources discussed above, Note 12.; Rebbi Yose and Rebbi Simeon say, within two weeks.

footnotes: ⁴² This was defined in Mishnah Kilaim ⁴³ According to Rashi, in the opinion of the Babli (Roš Haššanah

HALAKHAH: “One does not plant … or graft”, etc. Rebbi Eleazar in the name of Rebbi Yose bar Zimra: Our Mishnah [deals with the] unadvertised [case]⁴⁴, but if it is clear [e. g. when] he ploughed, it is permitted.

footnotes: ⁴⁴ The prohibition of the Mishnah is not biblical but rabbinic, because people could think the planting, etc. was done during the Sabbatical year. If it is made clear to everybody that the ground was prepared before New Year’s day, one may plant until the New Year.

“One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted he has to uproot it.” If one did not uproot, what is with its yield⁴⁵, the question is the status of a forbidden tree after three years. A parallel to this text is in Ma‘aser Šeni1:1 (fol. 52c).? Rebbi Abba and Rebbi La were sitting in Tyre when a case came before them. Rebbi La taught that the fruits should be thrown away. Rebbi Abba said, I was not counted with them on the upper floor⁴⁶ 1:2). Rebbi Abba wants to say that he was no party to the tannaïtic deliberations in the matter; he objects to R. La’s statement that the fruits produced by a tree planted in the Sabbatical are permanently forbidden.. They said, let us go out and study. They went out and heard Rebbi Jonah, Rebbi Isaac bar Tevele in the name of Rebbi Eleazar: One does not make a new restriction. Rebbi Yose, Rebbi Isaac bar Tevele in the name of Rebbi Eleazar: One does not add to a restriction⁴⁷ in the second statement. גזירה is a Babylonian form for Galilean גדירה, cf. Demay, Chapter 1, Note 89. Intrusions of Babylonian spelling and terminology are infrequent but found in almost all tractates of the Yerushalmi; they probably were introduced by scribes learned in the Babli. This increases the importance of the testimony of the Rome ms. in these cases; the scribe of that ms. was, in the words of R. S. Lieberman, בור ועם הארץ “uncivilized and uneducated”..

footnotes: ⁴⁵ Since a newly planted or grafted tree is forbidden for three years as orlah ⁴⁶ Most cases in which the Mishnah reports on the circumstances in which a rabbinic restriction was decreed, it is said that the Sages assembled on the upper floor (e. g., Šabbat ⁴⁷ Since the Mishnah does not state that the fruits are permanently forbidden, no Amora has the power to decree that they should be forbidden.It seems that in the text, גזירה “restriction” should be replaced by הלכה “practice”. This is the reading of the Rome ms. here in both instances, and of the Venice text in Ma‘aser Šeni

If he planted and died, may his son keep it? Rebbi Jacob bar Abbai stated from Bar Delaiah: If he planted and died, his son may not keep it. This follows the one who says because of the suspicion⁴⁴, but because of the building of the father, his son may build⁴⁸ 2:11) who writes: “ ‘The heir may not keep it’; the Yerushalmi notes that this is obviously because of the suspicion.” The Rome ms. has אֲבָל מִפְּנֵי הַבִּינְייָן אַף אֲנִי בוֹנֶה “but because of building, I also can build,” worse than the Venice text..

footnotes: ⁴⁴ The prohibition of the Mishnah is not biblical but rabbinic, because people could think the planting, etc. was done during the Sabbatical year. If it is made clear to everybody that the ground was prepared before New Year’s day, one may plant until the New Year. ⁴⁸ This phrase is close to being unintelligible. The translation here follows R. Moses Margalit who explains that if the reason is not because of what other people could think but is a fine imposed on the perpetrator, there would be no reason to fine the heir. R. Eliahu Fulda and some others want to correct בונה, בניין into מונה, מניין; this has no support in the sources. As B. Ratner notes, it seems that the entire clause was missing in the Yerushalmi before R. David ben Zimra (Maimonides, Šemiṭṭah weYovel

It was stated⁴⁹ 9b, Masekhet Semaḥot end of Chap. 2. A parallel of this and the following paragraph is in Roš Haššanah 1:2 (fol. 57a).: “If somebody planted, sank, or grafted 30 days before the New Year, it counts for him as a full year⁵⁰ the first three years and the obligation to redeem the fruits in the fourth year, Lev. 19:23–24. This is spelled out in the Tosephta-Babli version. Mishnah Roš Haššanah declares the first of Tishre to be the start of a new year for saplings, i. e., for the rules of orlah. and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count for him as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said⁵¹, the fruits from this planting are forbidden until the fifteenth of Shevaṭ.⁵² 1:2.” What is the reason? Rebbi Yasa in the name of Rebbi Joḥanan (Lev. 19:24): “And in the year.” How do you understand this? Rebbi Zeïra said (Lev. 19:23): “Three years they shall be uncircumcised for you, and in the [fourth] year.⁵³. This applies only to the special case considered here (interpretation of Maimonides) or in all cases (R. Zeraḥiah Halevi, R. Nissim Gerondi). The text in Roš Haššanah 1:2 mentions the fourth year explicitly.”

footnotes: ⁴⁹ Tosephta 2:3, Babli Roš Haššanah ⁵⁰ For the prohibition of orlah ⁵¹ This clause, which makes the statement unchangeable practice, is not in the Tosephta-Babli version. ⁵² The New Year for tithes from trees, Mishnah Roš Haššanah ⁵³ The fourth year may be, or must be, included in the three years of orlah

Rebbi Abba bar Mamai said before Rebbi Zeïra: It is understandable if they were planted thirty days before the New Year⁵⁴. Either the 15th of Shevaṭ (cf. Note 52) should not apply to trees planted less than 30 days before New Year’s day or one should not have to wait more than one year, to the following New Year’s Day, to count year 2 of the sapling planted less than 30 days before the end of the current year... But if they were not planted thirty days before the New Year? Come and see: A full year is counted for him, and you say so⁵⁵? He said to him: If it is so, even if they were planted thirty days before the New Year, should it not be forbidden until thirty days before the New Year⁵⁶? What about it? Rebbi Mana said, since it stands in the middle of its year⁵⁷ 9:9)., it has to finish its year.

footnotes: ⁵⁴ The question is about the mixing of the rules of the Sabbatical with those of orlah ⁵⁵ Even though the second year of the tree starts on Tishre 1, one has to wait another 4½ months to use its fruit. ⁵⁶ If the 15th of Shevaṭ is not a universal date, should not any fruit be forbidden for three full years, counted individually? ⁵⁷ Since “middle of the year” excludes the last 30 days, one will have to wait until the fourth New Year to use the fruit since the years have to be completed; then one does not have to wait for the 15th of Shevaṭ (interpretation of Maimonides). According to Maimonides, if a sapling was planted earlier than 44 days before New Year’s Day (14 days for the roots to take hold and 30 days to grow) one does not have to wait for the 15th of Shevaṭ but may use the fruit on New Year’s Day (Ma‘aser Šeni

MISHNAH: Rice, millet, poppies, and sesame that took root before the New Year are tithed for the past year and are permitted in the Sabbatical year⁵⁸. Otherwise they are forbidden in the Sabbatical⁵⁹ and tithed for the coming year⁶⁰. Rebbi Simeon from Shezur says, Egyptian bean which one sowed originally for its beans has the same rules⁷⁰ Chapter 1, Note 45) follow the rules of rice. Now beans can be planted either as produce for their beans or as vegetable for their pods. The obligations of a field of beans therefore are determined by the intentions of the farmer. If the farmer changes his mind during the growing season then, as it is stated in Tosephta 2:5, R. Simeon from Shezur, whose opinion is reported in Mishnah 8, is of the opinion that now produce and vegetable are inseparably mixed in the ripe bean pod and that after “threshing”, separating the beans from their pods, beans and pods have to be mixed for the purpose of taking common heave. The baraita quoted here explains the same in different wording; for the full text see Note 84. The objection here already implies the ruling given in Halakhah 8 that practice follows R. Simeon from Shezur. {In the Babli, Roš Haššanah13b, a baraita is quoted closer to the Tosephta.}. Rebbi Simeon says, large peas have the same rules. Rebbi Eleazar says, [only] large peas when they formed pods before the New Year.

footnotes: ⁵⁸ They may be treated as private property of the farmer and be harvested during the Sabbatical year. If tithes are given for this crop from another place, it must be from produce of the preceding year. ⁵⁹ Forbidden to be harvested and stored as seeds but permitted to be taken by everybody. ⁶⁰ In a year not Sabbatical. ⁷⁰ This refers to the next Mishnah, that according to some opinions, Egyptian beans (cf. Kilaim

HALAKHAH: “Rice, millet,” etc. For produce⁶¹ Chapter 1. The argument is based on (Deut. 14:22): “Tithe! You should tithe all produce of your seed which comes out of your field year by year.” This implies that all produce must be tithed in the year of its growth. It is not necessary that tithes be given separately from each harvested batch, but it is necessary that only this year’s produce be used to fulfill the obligations pertaining to any of this year’s growth. Since produce is described as coming out of the field, it is the growth rather than the harvest which is the determining factor. they went after its being a third [ripe], for rice after roots taking hold, and for vegetables the collection is the time of its tithing. From where that they could go⁶² after its being a third [ripe] for produce? (Deut. 16:16) “From your threshing-floor and from your wine-press.” “From your threshing-floor”, not all your threshing-floor, “from your wine-press”, not all your wine-press⁶³(Deut. 140) has a different approach of interpretation, see below Note 76. The rule for the Sabbatical is treated in Sifra Behar (9): R. Jonathan says, from where that if produce is one-third ripe before the New Year you may bring it into storage in the Sabbatical year, the verse says (Lev. 25:3): “[Six years you shall sow your field] and harvest its harvest,” if it is one-third ripe.. Then also if it is less than a third [ripe]? Rebbi Zeïra said, it is written (Deut. 14:22): “Tithe! You should tithe all produce of your seed,” something which may be sown and will sprout; this excludes produce less than a third [ripe] which when sown will not sprout⁶⁴ Chapter 4, Note 86).. Then one should tithe the first third for the past and the other two thirds for the future!⁶⁵ Rebbi Joḥanan said, from the holiday of Tabernacles⁶⁶ 12b; the rabbinic character there is made clear by R. Zeïra and Rav Assi.. Just as Tabernacles belongs to the next year but you celebrate it for the past, so this one is for the future and you celebrate it for the past.

footnotes: ⁶¹ Any agricultural produce not under the following two categories. The argument does not refer to the Sabbatical year but to tithes. The details are given in Ma‘serot ⁶² Since the verse only gives the outline of the obligation, it is up to the religious authorities to spell out the details. For this, the verse has to give them authority. ⁶³ In talmudic interpretation, the prefix מ means “part of”. Here it is taken to subject to tithes produce not really ready for the threshing-floor or the wine-press. The Sifry ⁶⁴ This proves that “one-third ripe” does not mean one-third of the growing period but one-third of the ripening time of the fully formed fruit or grain (cf. Peah ⁶⁵ Since the effects of the growing periods are indistinguishable in the ripe fruit, tithing could never be accomplished. ⁶⁶ (Deut. 16:16) “Make for yourself a festival of Tabernacles when you gather from your threshing-floor and from your wine-press.” Since Tabernacles is 15 days after the New Year, it clearly belongs to the next year but celebrates the harvest of the preceding year. Therefore, one can harvest this year and tithe it as growth of the preceding year. This argument also appears in the name of R. Joḥanan in the Babli, Roš Haššanah

One might say, this similarly applies to rice, millet, poppy seeds, and sesame⁶⁸, Behar Pereq 1.)! Rebbi Ḥuna bar Ḥiyya⁶⁹ said, there it is impossible to recognize. They objected to Ḥuna bar Ḥiyya, was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits⁷⁰ Chapter 1, Note 45) follow the rules of rice. Now beans can be planted either as produce for their beans or as vegetable for their pods. The obligations of a field of beans therefore are determined by the intentions of the farmer. If the farmer changes his mind during the growing season then, as it is stated in Tosephta 2:5, R. Simeon from Shezur, whose opinion is reported in Mishnah 8, is of the opinion that now produce and vegetable are inseparably mixed in the ripe bean pod and that after “threshing”, separating the beans from their pods, beans and pods have to be mixed for the purpose of taking common heave. The baraita quoted here explains the same in different wording; for the full text see Note 84. The objection here already implies the ruling given in Halakhah 8 that practice follows R. Simeon from Shezur. {In the Babli, Roš Haššanah13b, a baraita is quoted closer to the Tosephta.}? Rebbi Yose said, Ḥuna bar Ḥiyya confirmed it; Rebbi Jonah, Ḥuna bar Ḥiyya in the name of Samuel⁷¹: It is written (Deut. 14:22): “Tithe! You should tithe all produce of your seed,” you give one tithe in one year but not two tithes in one year⁷².. They objected, does not Egyptian bean require two tithes in one year⁷³? Was it not stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits? Rebbi Zeïra said, it is written (Lev. 25:3): “Six years you shall sow your field and harvest.” Six sowings and six harvests, not six sowings and seven harvests⁷⁴(Behar 7–8) has a different (Babylonian?) approach to the verses quoted: “From where that you may store in the Sabbatical year rice, millet, poppy seeds, and sesame that took root before the New Year? The verse says (Lev. 25:3): ‘you should harvest its yield’, even in the Sabbatical. I could think [this applies] even if they did not take root, the verse says (Lev. 25:3): ‘six years you shall sow your field and harvest.’ Six sowings and six harvests, not six sowings and seven harvests.”. Rebbi Jonah said, we cannot hold with six but instead hold with seven; so it is: Six sowings and seven harvests, not six sowings and five harvests. They objected, does not Egyptian bean have six sowings and five harvests⁷⁵? As it was stated: He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits.

footnotes: ⁶⁸ There seems to be no reason why the kinds enumerated in the Mishnah should be treated differently from produce in general. R. Ḥuna bar Ḥiyya explains that the principle of “one-third ripe” is not practical for these kinds. This answer would be impossible if prohibitions of the Sabbatical year were biblical since then in a questionable case one could not be more lenient than in a certain one. A biblical justification is given in the next paragraph, but see the last paragraph in Chapter 9. There is no problem with the rules of tithing since biblical law requires tithing only of דגן יצהר ותירוש “grain, olive oil, and wine”. All quotes of biblical verses in this Halakhah have to be taken as establishing guidelines for rabbinic decrees, not as giving hard biblical rules (R. Abraham ben David, Commentary to Sifra ⁶⁹ One of the original members of the Yeshivah of Rav in Babylonia. In the Babli, his title always is “Rav”. It is not impossible that he exercised rabbinic functions before the title of “Rav” was introduced; then either he should have no title or the title of “Rebbi”. He became rich as a tax farmer; for this he was shunned by some of his colleagues and could not attain the status of a major figure in either of the Talmudim. ⁷⁰ This refers to the next Mishnah, that according to some opinions, Egyptian beans (cf. Kilaim ⁷¹ R. Yose and R. Jonah disagree about who is the first author of the following statement. ⁷² Cf. Note 61. The argument is about the last part of the verse which was not quoted, year by year ⁷³ One for produce and one as vegetable. ⁷⁴ R. Zeïra reinforces the attack against R. Ḥuna bar Ḥiyya; in the case of R. Simeon from Shezur, only tithing in common may permit six harvests for the purpose of tithing; otherwise one would have to admit seven. Rebbi Jonah supports R. Ḥuna bar Ḥiyya and notes that one must admit “seven” harvests (which for two harvests every year adds up to 12 harvests in six years.) The Sifra ⁷⁵ If the planting is late, there may be no harvest in either year. Hence, any number of harvests are possible, and the entire argument started by R. Zeïra is moot. The reason of R. Ḥuna bar Ḥiyya remains unproven and uncontradicted.

On which basis did they rule that for vegetables their collection is the time of tithing? (Deut. 16:16) “From your threshing-floor and from your wine-press.” Threshing-floor and wine-press are sustained by the waters of the preceding year, you go for them after the past. These live from the waters of the coming year, you go for them to the future⁷⁶ 14a) and in Sifry Deut. 140, this argument is given in the name of the Tanna R. Yose the Galilean. According to R. Aqiba (in Sifry) vegetables are grown by irrigation; they do not depend on the seasons and, therefore, must be tithed independent from the agricultural year at harvest time.. They objected, but Egyptian beans, if one sowed them for the beans, are tithed for the past, but if he sowed for vegetable, they are tithed for the future. Does it hold a charm [to know that] if one sowed them for the beans, they drink from the past year, but if he sowed them as vegetable, they drink from the future year?⁷⁷. 22:7.

footnotes: ⁷⁶ In the Babli (Roš Haššanah ⁷⁷ The reason given above is rejected and, except for grain one-third ripe, all time limits given are rabbinic in character.The expression וקסמה ביהיה is inspired by Num

What means תרמילו? They produced pockets⁷⁸ p. 502) explains as Greek καλύκιον, “small calyx, pod, seed pouch”, with an exchange of liquids n-l..

footnotes: ⁷⁸ R. S. Lieberman (Tosefta ki-fshutah

Rebbi Abba bar Zavda in the name of Rebbi Simeon ben Laqish: Practice follows Rebbi Simeon from Shezur. Rebbi Yosa said, Rebbi Eleazar instructed Rebbi Sabbatai Zadoq’s⁷⁹, following Rebbi Simeon from Shezur.

footnotes: ⁷⁹ An Amora of the second generation, usually associated with R. Eleazar. He is the only Amora whose patronymic is given in Greek form (A B’s instead of the usual A son of B.)

It was stated: The Sages enumerated six cases for Egyptian bean. If one sowed it for seeds it is tithed for the past⁸⁰; if he sowed it as vegetable it is tithed for the future. If he sowed it for both seeds and vegetable, or if he sowed for seeds and then wanted it as vegetable, one may tithe from its seed on vegetable and from vegetable on seeds, on condition that it was one-third ripe before the New Year. But if it was only ripe one-third after the New Year, its seed is tithed for the past and its vegetable is tithed at the moment of its being plucked if it was collected before the New Year⁸¹. But if some of it was collected after the New Year, both seed and vegetable are tithed for the future.

footnotes: ⁸⁰ In that case the beans are left on the field until the pods are hard and no longer usable as vegetable. In that case, beans fall under the rules of produce. If the green pods are sold as vegetable, it must be tithed at the moment of harvest. “Tithed for the past” means “tithed as part of last year’s harvest.” ⁸¹ The Tosephta (2:7) has a similar rule for dill and coriander.

If he sowed it for seeds and then thought about it for vegetable, it follows his thought⁸² 1:10) reads באין אחר מחשבתו; this is the basis of the translation.. If he sowed it as vegetable, the thought of seeds cannot take hold on it unless he withheld three morbiot⁸³ fields, the Tosephta states that for the field to qualify as seed field, one must withhold two (or three) מריעות, instead of עונות in the Mishnah. The Tosephta is partially quoted in Ma‘serot 4:5 (fol. 51b), where the reading is מודייות [two] modii. R. Abraham ben David (Ma‘aser Šeni 1:10) deduces from the Mishnah that מוריות, מריעות are instances of irrigation; R. S. Lieberman reads the words as derived from מרביעות “fertilizations,” but it might be better to take the word from מרויות “waterings”. בעל fields of produce other than grains, while not irrigated permanently, are watered occasionally (Mishnah 9). Maimonides, followed by the commentators of his Code and J. Levy, translates מורביות (or מרביות in the Rome ms.) as “trimmings”; that meaning is found in the Babli (Sukkah 45a, Tamid29a). R. Abraham ben David wonders why Maimonides in his Code follows an unclear Tosephta instead of a clear Mishnah.. That is, if it was one-third ripe before the New Year, but if it was not one-third ripe before the New Year, even if he did not withhold three morbiot. If he sowed for seeds and all [plants] formed complete pods before the New Year, its seeds are tithed for the past year, its greens are tithed at the time of their harvest. If some [plants] had formed complete pods but some did not, that is the case of⁸⁴: “He collects it together with his threshing, it turns out that he tithes from his seeds for his vegetable and from his vegetable for his fruits”. Rebbi Eudaimon from Haifa stated: Even if not all [plants] formed complete pods before the New Year, its seeds are tithed for the past year, its greens are tithed at the time of their harvest. Rebbi Yose said, that is if it was one-third ripe for the intention of seeds. But if it was one-third ripe for the intention of vegetables, it is impossible to say that its seeds are tithed for the past year and its greens are tithed at the time of their harvest, since you say that “he collects it together with his threshing; it turns out that he tithes from his seeds for his vegetable and from his vegetable for his seeds⁸⁵ 13b, this is accepted since Samuel decrees that “all goes by the time the fruit is ripe”.”.

footnotes: ⁸² Maimonides (Ma‘aser Šeni ⁸³ Tosephta 2:4 is practically identical with Mishnah 9, except that in the case of ba‘al ⁸⁴ Cf. Note 70. ⁸⁵ In the Babli, Roš Haššanah

If one sowed it for seeds before the Sabbatical New Year⁸⁶, then in the Sabbatical year both seeds and vegetables are permitted. If one sowed it as vegetable before the Sabbatical New Year, then in the Sabbatical year both seeds and vegetables are forbidden. If one sowed it both for seeds and vegetable before the Sabbatical New Year, then in the Sabbatical year clearly seeds are permitted. What is the status of vegetables? Rebbi Ḥiyya stated “forbidden”, Rebbi Ḥalaphta ben Shaul stated “permitted”. He who says “permitted” follows the word of the orah. He who says “forbidden”, because of the bad impression⁸⁷. Rebbi Simeon bar Zevida asked before Rebbi Yose: Then it should be forbidden even to use it to feed one’s animals, because of the bad impression⁸⁸ 9:2, Notes 32 ff. The questioner follows Rav in his opinion that any prohibition because of a bad impression is absolute. The answer is that reasonable behavior will prevent gossip. The rest of the paragraph defines reasonable behavior.. He said to him, one should not give to his son or to his agent, nor should he harvest in a row. Rebbi Yose ben Rebbi Abun said, if a hole was torn out it is permitted⁸⁹. Even according to him who says it is forbidden, if he harvested and found vegetable in it⁹⁰, it is permitted. Similarly, when a man came carrying ten bundles of Lybian [beans]⁹¹, Note 67; green Egyptian beans are called Lybian. as tithe to Rebbi Jeremiah, he said that this should not be done; do not harvest more than what is needed for the pan⁹², pp. 239, 335..

footnotes: ⁸⁶ Assuming that the roots are well formed before the New Year. As vegetable all is forbidden since both tithes and the Sabbatical status are determined by the time of the harvest. ⁸⁷ Since the goal of the planting is purely in the mind of the farmer, other people will suspect that he planted for vegetables and now illegally takes the growth of the Sabbatical year for himself. ⁸⁸ Cf. Kilaim ⁸⁹ This is unprofessional harvesting and certainly permitted in the Sabbatical year. ⁹⁰ A few pods that still can be eaten as vegetable. If the harvest is for the white beans, most pods will be inedible and the few green ones will not cause gossip. ⁹¹ See Kilaim ⁹² A Greek word, cf. Peah

If one sowed it [for seeds]⁹³ before the New Year of the eighth year, then in the eighth year both seeds and vegetables are forbidden. If one sowed it as vegetable before the New Year of the eighth year, then in the eighth year both seeds and vegetables are permitted. If one sowed it both for seeds and vegetable before the New Year of the eighth year, then in the eighth year seeds are forbidden and the vegetable is permitted.

footnotes: ⁹³ Missing in the mss. and the print but clearly necessary by the context. Here again, “forbidden” means “forbidden” to be treated as private property and to be stored as seeds”; “permitted” means “permitted to be treated as private property and to be stored as seeds.” The reasons are the same as for the Sabbatical year and do not have to be spelled out.

MISHNAH: Sterile onions and Egyptian beans from which water was withheld thirty days before the New Year are tithed for the past [year] and may be kept in the Sabbatical year⁵⁸; otherwise they are forbidden in the Sabbatical year⁵⁹ and are tithed for the coming year. For those from a ba‘al field⁹⁴, if one withheld water for two periods⁸³ fields, the Tosephta states that for the field to qualify as seed field, one must withhold two (or three) מריעות, instead of עונות in the Mishnah. The Tosephta is partially quoted in Ma‘serot 4:5 (fol. 51b), where the reading is מודייות [two] modii. R. Abraham ben David (Ma‘aser Šeni 1:10) deduces from the Mishnah that מוריות, מריעות are instances of irrigation; R. S. Lieberman reads the words as derived from מרביעות “fertilizations,” but it might be better to take the word from מרויות “waterings”. בעל fields of produce other than grains, while not irrigated permanently, are watered occasionally (Mishnah 9). Maimonides, followed by the commentators of his Code and J. Levy, translates מורביות (or מרביות in the Rome ms.) as “trimmings”; that meaning is found in the Babli (Sukkah 45a, Tamid29a). R. Abraham ben David wonders why Maimonides in his Code follows an unclear Tosephta instead of a clear Mishnah., the words of Rebbi Meïr, but the Sages say three.

footnotes: ⁵⁸ They may be treated as private property of the farmer and be harvested during the Sabbatical year. If tithes are given for this crop from another place, it must be from produce of the preceding year. ⁵⁹ Forbidden to be harvested and stored as seeds but permitted to be taken by everybody. ⁹⁴ An unirrigated field that must be watered by hand if used for vegetables. The term seems to be taken from pagan neighbors since Ba‘al is the Semitic rain god, equivalent of the Greek Zeus. The Tosephta (Note 83) makes it explicit that the first rule speaks of fields irrigated by a permanent installation. ⁸³ Tosephta 2:4 is practically identical with Mishnah 9, except that in the case of ba‘al

HALAKHAH: What are sterile onions? Those rural onions which do not form seeds.

Rebbi Mana said, since he withheld water for thirty days before New Year’s Day, they are as on a ba‘al [field].

Rebbi Jonah asked: Do they become seed-plants retroactively [or are] they seed-plants for the future? What would be the difference? If he took some within the thirty days and some afterwards, if you say that they become seed-plants retroactively, he tithes from one for the other; if you say, only in the future, he may not tithe from one for the other.

MISHNAH: If gourds kept for seeds became hard before the New Year and unusable as food, one may keep them in the Sabbatical year; otherwise, it is forbidden to keep them in the Sabbatical year⁹³. Their buds are forbidden in the Sabbatical year. One may sprinkle with water on white dust⁹⁵.), the words of Rebbi Simeon; Rebbi Eliezer ben Jacob forbids it. One may tear off²² 1:15) give the root the meaning “to water”; this does not fit the sense of Rabbinic ממרס which elsewhere means either (1) “to stir” or (2) “to crush, quash”. Arabic and Hebrew meanings (2) may be supported by Accadic marašu “to get into bad shape”. rice in the Sabbatical year; the words of Rebbi Simeon are that one may not trim²³.

footnotes: ⁹³ Missing in the mss. and the print but clearly necessary by the context. Here again, “forbidden” means “forbidden” to be treated as private property and to be stored as seeds”; “permitted” means “permitted to be treated as private property and to be stored as seeds.” The reasons are the same as for the Sabbatical year and do not have to be spelled out. ⁹⁵ Technical term for earth in an orchard whose trees are standing sufficiently apart (not more than 10 trees per bet seah ²² This follows R. Y. Qafeḥ in his translation of Maimonides’s Mishnah Commentary; he notes that Maimonides’s Arabic expression מדס may mean (1) “to macerate in water” and (2) “to tear off in irregular fashion, mutilate”; in the dictionaries (2) is given as translation of מדש. All halakhic commentaries (R. Simson, R. Isaac Simponti, and the commentators to Maimonides’s Šemiṭṭah weYovel ²³ In his translation of Maimonides’s Mishnah Commentary, Alḥarizi translates כסח as “to hoe”.

HALAKHAH: Why do I need that they became hard? Even if they did not become hard! If they became hard they fall under the rules of kitchen seed plants that are not eaten⁹⁶ Chapter 2, Note 22 and Mishnah 2..

footnotes: ⁹⁶ Non-food is not subject to the rules of the Sabbatical year. For “kitchen seed plants” cf. Kilaim

How does one check⁹⁷? He pricks it; if it heals, it is forbidden, otherwise it is permitted.

footnotes: ⁹⁷ Whether the gourd has hardened.

Rebbi Jonah from Bostra said: qarmals⁹⁸ into Israel during the Sabbatical. In the Erfurt ms. of the Tosephta, the reading is קרומנין. In Arabic, קרמל is “an insignificant spineless tree”. are free from tithes. That is, as long as they did not form gourds; but when they formed gourds they are like vegetables.

footnotes: ⁹⁸ This plant has not been identified; the explanations of the dictionaries are based on misprints in the traditional Tosephta texts, as pointed out by R. S. Lieberman.. Tosephta 4:19 states that one may import saplings and qarmal

Rebbi Yose taught that it is forbidden to sip water from colocasia¹⁰⁰, a tropical plant with edible roots. leaves because they are food for deer¹⁰¹. 25:6): “For your domestic animals and the wild animals in your Land shall all its yield serve as food”, Sabbatical growth that is animal fodder is forbidden for any other use. One may not use the leaves as cups..

footnotes: ¹⁰⁰ Colocasia antiquorum ¹⁰¹ Since it says (Lev

“One may sprinkle with water on white dust, the words of Rebbi Simeon; Rebbi Eliezer ben Jacob forbids it.” Rebbi Simeon follows the rabbis and Rebbi Eliezer ben Jacob is consistent, as we have stated there¹⁰² 1:3, in the name of R. Eliezer ben Jacob. During the intermediate days of a holiday, only agricultural work necessary to avoid losses is permitted. R. Eliezer ben Jacob does not permit to water a field but, if necessary, he allows one to water the depression around a tree and then to make a shallow channel from one tree to the next, on condition that the water be confined to trees and channels and not cover the entire field.: “One may continue [to draw] water from tree to tree on condition not to water the entire field.” Rebbi Mana said it anonymously, Rebbi Abin in the name of Samuel: They disagree anonymously¹⁰³ 1:3 (fol. 80c).. Where are we holding? If they are widely spaced, it is forbidden according to everybody, if they are tightly planted, it is permitted according to everybody. But we deal with the case that they are planted ten to a bet seah¹⁰⁴ 5:1. Every-where, ten trees planted on a bet seah are a model orchard. “Widely spaced” means less than ten to a bet seah, “tightly planted” more than ten.. Rebbi Eliezer ben Jacob makes them widely spaced, the rabbis make them tightly planted. So the rabbis said, if they are widely spaced, it is forbidden to irrigate¹⁰⁵. May one continue? Let us learn the opinion of the rabbis from that of Rebbi Eliezer ben Jacob. Just as Rebbi Eliezer ben Jacob says, it is forbidden to irrigate but permitted to continue, so the rabbis say it is permitted to continue but forbidden to irrigate. Did we not think that according to everybody if they are widely spaced, it is forbidden; but is white dust not when they are widely spaced⁹⁵.)? But here it is the Sabbatical, there the holiday¹⁰⁶.

footnotes: ¹⁰² Mishnah Mo‘ed Qaṭan ¹⁰³ Since the Mishnah is in the name of R. Eliezer ben Jacob, not anonymous, it follows that the rabbis, whose opinion is ignored in the Mishnah, must disagree. From here to the end of the Chapter, the text is found also in Mo‘ed Qaṭan ¹⁰⁴ Cf. Mishnah Kilaim ¹⁰⁵ Irrigate the entire field at the same time. ⁹⁵ Technical term for earth in an orchard whose trees are standing sufficiently apart (not more than 10 trees per bet seah ¹⁰⁶ R. Eliezer ben Jacob may agree with the rabbis about the rules of a widely spaced orchard on a holiday and still disagree in matters of the Sabbatical year.

What is the difference between Sabbatical and holiday? In the Sabbatical year, because work is permitted they permitted work needing effort as well was work not needing much effort. On a holiday, because work is forbidden¹⁰⁷ they only permitted work to prevent loss and only if it does not need much effort. Some want to understand it from this: During the Sabbatical year, which lasts for a long time, they permitted; during holiday, which is a short time, they forbade. But would it not be reasonable to make these other seven days¹⁰⁸ equal to the seven days of the holiday, and should they not be forbidden? It was found stated: “One may sprinkle with water on white dust during the Sabbatical year but not during the holiday, the words of Rebbi Simeon; Rebbi Eliezer ben Jacob forbids it.¹⁰⁹, the quote reads only: “One may sprinkle with water on white dust during the Sabbatical year but not during the holiday.””

footnotes: ¹⁰⁷ All unnecessary work is forbidden during the intermediate days of a 7 or 8 day holiday. The work permitted is work needed for the enjoyment of the holiday and work to prevent a possible loss. [In addition, public works are permitted if this will save taxpayers’ money.] ¹⁰⁸ Probably, one should read שבעת ימים אחרונות “the last seven days [of the Sabbatical year]” but there is no manuscript evidence for this. ¹⁰⁹ There is no exception made for the last seven days. It follows that the first explanation is correct but the second one is not. In Mo‘ed Qaṭan