ABSTRACT

The Hebrew Bible instructs that when a harvester overlooks or “forgets” a sheaf in the field, he may not turn back to retrieve it, but rather must leave it for the needy (Deut 24:19). The rabbis develop this law, expanding it beyond cereals by applying it to olives, grapes, and other produce. This passage from the Mishnah examines ambiguous cases, discussing when produce was truly forgotten (and, thus, property of the poor) and when it may have been left in the field intentionally (in which case, it belongs to the landowner or householder). In short, the Mishnah reasons that large quantities of produce are unlikely to have been left in the field unintentionally—thus, they do not qualify as “forgotten produce” and belong to the householder (instead of the poor). This principle is then applied to the laws of gleanings, separated grapes, and standing grain. In doing so, the rabbis create and define very clear sets of property rights over the harvest for the poor and householders.