Introduction

This mishnah deals with the laws of forgotten as they apply to olive trees. 

Mishnah One

1)      An olive tree that has a name in the field, such as the olive tree of Netofah in its time, and he forgot it, it is not deemed “forgotten.” 

2)      To what does this apply? [Only to a tree distinguished] by its name, produce, or position.

a)      “By its name:” if it were a shifkhoni  or beshani.

b)      “By its produce:” if it yields large quantities.

c)      “By its position:” if it stands at the side of the winepress or near the gap in the fence. 

3)      Other kinds of olive trees:  two are deemed “forgotten”, but three are not deemed “forgotten.” 

4)      Rabbi Yose says: there is no law of “forgotten” for olive trees.

Explanation

Section one:  The laws of “forgotten” do not apply to special olive trees, ones that are famous for something or other.  The mishnah even mentions one of these special olive trees, the “olive tree of Netofah,” a city in theLower Galilee.  In its time, this olive tree was a real winner!

Section two: The previous law applies only if the tree was distinguished by name, by its produce or by its place in the field.  Thus if it had a special name like “shifkhoni” (because it spills, shofekh, a lot of oil) or “beshani” (some say this refers to the fact that it is from Bet Shean, whereas others say this is because it embarrasses, biyesh, the other olive trees with it copious amounts of oil) then the laws of forgotten do not apply.  The laws of “forgotten” also do not apply to a tree that is well-known for the great amount of oil that it produces or for where it stands in the field. The assumption is that a person who leaves the olives on these trees unharvested has not actually forgotten them.

Section three:  Two trees left unharvested are considered to be forgotten, but as usual, three are not.  (See above 6:5).

Section four:  According to Rabbi Yose olive trees are so important that we make a blanket assumption that no one would forget them in the field and therefore the laws of forgotten do not apply.  The Yerushalmi explains that olive trees were scarce because Hadrian destroyed so many of them during the Hadrianic persecutions which took place during the first third of the second century. 

As an aside, there is still much modern contention over olive trees between Palestinians and Jews living inIsrael.  Without getting into politics, in the Middle East destroying someone else’s olive trees is perhaps one of the most injurious acts a person can do to another, short of personal injury and murder.  Olives are far and away the most important agricultural product in the Mediterranean region. The oil is used to make numerous things:  food, lighting, soap, perfume, etc.  The trees can live for centuries and cutting down an olive tree is truly a tragedy.