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Kilayim Chapter 5, Mishnah 3: Ditch, Wine Press, and Guard Hill in a Vineyard

Chavrusa Learning

We continue our study of Maseches Kilayim, chapter 5, mishnah 3. The mishnah deals with three places found within a vineyard - a trench, a winepress and a watchman's mound - and with the question of whether they are considered part of the vineyard, in which case sowing in them is forbidden, or whether they have the status of a place in their own right, so that one may sow in them.

A trench passing through a vineyard:

"Charitz shehu over bakerem, amok asarah v'rachav arba'ah" - a trench that cuts through a vineyard, ten handbreadths deep and four handbreadths wide. "Rabbi Eliezer ben Yaakov omer: im hayah mefulash meirosh hakerem v'ad sofo - harei zeh nir'eh k'vein shnei kramim, v'zor'im b'socho" - that is, provided that the trench extends from one end of the vineyard to the other and runs through it along its entire length. In such a case it is not regarded as an area within the vineyard, but rather as a space separating two distinct vineyards, and therefore one may sow inside it.

"V'im lo - harei hu k'gat" - if the trench does not run through from end to end, or if it does not have the required measurements, its law is like that of a winepress located in a vineyard. And what is the law of a winepress?

The winepress in a vineyard:

"Hagat shebakerem, amukah asarah u'rechavah arba'ah" - a winepress has a hollow into which the wine flows, and even though it is ten handbreadths deep and four handbreadths wide, the Tannaim disagree about its law:

  • "Rabbi Eliezer omer: zor'im b'sochah" - the winepress is not considered part of the vineyard, and therefore one may sow in it.

  • "V'chachamim osrin" - in their view the winepress is considered part of the vineyard, and sowing in it is forbidden.

From here it becomes clear that the words of the mishnah at its beginning, that a trench which does not run through from end to end has the law of "a winepress," were stated according to the opinion of the Sages, who forbid sowing in a winepress located in a vineyard, as taught later in the mishnah.

The watchman's mound in a vineyard:

"Shomerah shebakerem, gevohah asarah u'rechavah arba'ah" - the shomerah is a mound within the vineyard that serves as a lookout point, upon which the watchman stands and makes sure that no one takes from the vineyard. When it is ten handbreadths high and four handbreadths wide, it has the status of a place in its own right and is not part of the vineyard, and therefore "zor'im b'sochah" - one may sow in it.

But if the branches of the vines extend over the mound, it is then surrounded by the vineyard, and sowing in it is forbidden.

In summary: in this mishnah we learned about three places within a vineyard and their status with regard to sowing: a trench ten handbreadths deep and four handbreadths wide, which, if it runs through from one end of the vineyard to the other, appears to separate between two vineyards and one may sow in it, and if not, its law is like that of a winepress; the winepress in a vineyard, in which Rabbi Eliezer permits sowing and the Sages forbid it; and the watchman's mound, which, if it is ten handbreadths high and four handbreadths wide, is a place in its own right and one may sow in it, unless the branches of the vines extend over it.