Introduction

This mishnah introduces the rules of the “defective cluster,” called in Hebrew the “olelet.”  Leviticus 19:10 states, “You shall not pick your vineyard bare,” the word for bare is “teolel” from which the rabbis derive the word olelet.  They interpret the halakhah to mean—don’t pick defective clusters of grapes, rather leave them for the poor.

Mishnah Four

1)      What constitutes a defective cluster (olelet) of grapes?  

a)      Any [cluster] which has neither a shoulder [a wide upper part] nor a pendant [a cone-shaped lower part].  

2)      If it has a shoulder or a pendant, it belongs to the owner.

a)      If there is a doubt, it belongs to the poor.  

3)      A defective cluster on the joint of a vine [where a normal cluster hangs from the vine], if it can be cut off with the cluster, it belongs to the owner; but if it can not, it belongs to the poor.

4)      A single grape:  

a)      RabbiJudahsays: It is deemed a whole cluster,  

b)      But the sages say: It is deemed a defective cluster.

Explanation

Section one: A defective cluster is defined as one that does not have a broad part on the top and a part that tapers down toward the bottom.  A grape cluster normally has a spine that travels its entire length. The top part has small branches off the spine; the grapes grow on these small branches. This part of the cluster is called the shoulder.  On the bottom part the grapes grow directly from the spine. This part is called the pendant. 

Section two:  If it has only one of these, i.e. it has a shoulder but not a pendant or a pendant but not a shoulder, then it is not an olelet, a defective cluster, and it still belongs to the owner.  However, if there is a doubt over whether it missing both the shoulder and the pendant, then it belongs to the poor. Alternatively, if there is a doubt whether there is a spine, or whether it is really just a few grapes growing directly from the vine, then it belongs to the poor.

Section three:  If there is a defective cluster growing from the vine at the same point as a normal cluster, then if the defective one can be harvested with as the normal one, it belongs to the owner. If, however, it needs to be cut separately, then it belongs to the poor.

Section four:  According to Rabbi Judah a single grape growing from a vine is not considered a defective cluster. Albeck explains that this is because the Bible never uses the singular for olelet, rather it always uses olelot, defective clusters. Hence, he holds that there really is no such thing as a single grape defective cluster. The other rabbis disagree and rule that a single grape is considered a defective cluster and it belongs to the poor.