Introduction
A person is obligated to give peah from his field only if he harvested it. Our mishnah brings examples where the owner didn’t harvest the field and hence is exempt from giving peah.
Mishnah Seven
1) A field harvested by gentiles, or harvested by robbers, or which ants have bitten [the stalks at the roots], or which wind and cattle have broken down, is exempt from peah.
2) If [the owner] harvested half of it and robbers harvested half, it is exempt from peah, for the obligation of peah is in the standing grain.
Explanation
Section one: If he didn’t harvest the field because it was harvested by others who are not obligated by the laws of peah, for instance, gentiles or robbers, he is not obligated to give peah. Even if the gentiles or robbers leave the stalks in the field for the owner to collect, he is still not obligated to give peah.
Furthermore, if the field’s produce is “reaped” by animals, for instance ants that nibble away at the stalks at their roots thereby “reaping” the grain, or by wind or cattle which break the stalks, he need not leave peah. This rule is based on a midrash on verses such as Leviticus 19:9, which state, “When you harvest your field”—you have to harvest to be liable for peah.
Section two: If he harvested the first half and then robbers came and harvested the second half he is exempt from giving peah. This is because the obligation of giving peah is “set” at the time that the last standing stalk is harvested. Since this was done by the robbers, the owner is exempt from peah.
Comments
Am I correct in assuming that “harvested by gentiles” refers to gentiles taking without permission (i.e. conscription) and not to gentiles being hired to harvest the field for the owner?
Karla, there are two possibilities. The first is as you said–the gentiles just take the field. The other possibility is that it belongs to them. If a person hired others to harvest his field, they would be obligated just as he was. In Hebrew this phrase is ???? ?? ??? ????? the agent of a person stands in his place.
Hope that was helpful!
Josh