Introduction

In today’s mishnah Rabbi Eliezer and Rabbi Akiva argue over a vineyard where all of the clusters of grapes are defective (olelot).

Mishnah Seven

1)      A vineyard which consists entirely of defective clusters:  

a)      Rabbi Eliezer says: it belongs to the owner.

b)      Rabbi Akiva says: to the poor.

2)      Rabbi Eliezer: “When you harvest the grapes of your vineyard, do not take the defective clusters” (Deuteronomy 24:21).   If there is no grape harvesting, how can there be “defective clusters”?

3)      Rabbi Akiva said to him: “And from your vineyard do not take the defective clusters” (Leviticus 19:10)—even if it consists entirely of defective clusters.

a)      If that is so, why is it said: “When you harvest the grapes of your vineyard, do not take the defective clusters”? [This teaches that] the poor have no right to claim the defective clusters before the harvest.

Explanation

Section one:  According to Rabbi Eliezer, if the entire vineyard consists of defective clusters, then they belong to the owner and not to the poor. Rabbi Akiva disagrees and holds that the defective clusters go to the poor, just as they normally do.

Section two:  Each side in this debate will now present a midrash that supports his point of view.  Rabbi Eliezer’s midrash is on Deuteronomy 24:21 which he reads as implying that there must be a harvesting of the grapes in order for the defective clusters to go to the poor.  For the some of the grapes to go to the poor, some must also go to the owner.  In other words, if we can’t fulfill the first half of the verse, “when you harvest the grapes of your vineyard” then we do not fulfill the second half of the verse “do not take the defective clusters.”

Section three: Rabbi Akiva’s midrash is based on Leviticus 19:10, where the verse concerning defective clusters does not begin with the words, “Whey you harvest…”  Rather the verse simply says not to take the defective clusters, regardless of whether the entire vineyard consists of defective clusters.  From this verse Rabbi Akiva learns that the defective clusters always go to the poor.

Rabbi Akiva also offers an alternative midrash to the verse that Rabbi Eliezer had used. Deuteronomy 24:21 teaches that the poor cannot come and collect the defective clusters until the owner has begun to harvest his vineyard.