A person is commanded to share the blessing of his produce with the poor in several ways. First, he leaves produce for them at the edge of his field; this is pe’a. If during harvesting or picking he forgets a small amount of grain or fruit, he must leave it for the poor; this forgotten produce is shikḥa. Individual stalks of grain that fall during the harvest are leket, and individual grapes that fall during the grape harvest are peret; these too must be left for the poor. Likewise, he must leave the poor the olelot – small, underdeveloped grape clusters.
Altogether, these gifts are five: pe’a, shikḥa, leket, peret, and olelot. The Torah states: “When you reap the harvest of your land, you shall not reap all the way to the edge of your field, nor shall you gather the gleanings of your harvest. You shall not strip your vineyard bare, nor gather the fallen grapes of your vineyard; you shall leave them for the poor and the stranger. I am the Lord your God” (Vayikra 19:9–10). Similarly, it states: “When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be for the stranger, the orphan, and the widow, so that the Lord your God may bless you in all the work of your hands” (Devarim 24:19).
The mitzva to leave gifts for the poor applies to produce grown for human consumption, provided it meets five conditions:
- The crop must grow from the ground. This excludes truffles and mushrooms, which draw their nourishment from the air.
- It must be fit for human consumption. The obligation does not apply to crops grown as animal fodder or for producing thread or dyes.
- It must be protected as someone’s property. Produce that grew ownerless, or that the owner declared ownerless, is not subject to the obligation.
- It must be gathered as a single crop. In other words, it is reaped or picked continuously, even if the process takes several days. Fruits such as figs, which do not ripen together and therefore are not gathered together, are not subject to the obligation.
- It must be brought in for storage. This means that people commonly preserve it for an extended time, as they do with grain and legumes; olives, which keep as oil or as pickled olives; grapes, which keep as wine or raisins; and almonds, walnuts, dates, pomegranates, carobs, onions, and garlic. By contrast, produce that is normally eaten soon after picking – such as cucumbers, tomatoes, lettuce, watermelons, citrus fruit, apples, pears, and peaches – is not subject to the gifts to the poor. In practice, the obligation applies to grain, legumes, some tree fruit, and a few vegetables, such as onions and garlic; it does not apply to almost all vegetables or to most tree fruit.
At least two gifts must be left from every crop subject to gifts to the poor: pe’a and shikḥa. Grain and legumes that are reaped or picked require a third gift: leket. Grapes require four gifts: pe’a, shikḥa, peret – the grape equivalent of leket – and olelot.[1]
[1]. In the count of mitzvot, each of the five gifts includes both a positive mitzva and a negative mitzva (Rambam, Sefer ha-Mitzvot, Positive Commandments 120–124; Negative Commandments 210–214). The five criteria listed above apply to all five gifts to the poor (Rashi, Ḥullin 134b, s.v. ḥayav; Rashba and Ritva to Kiddushin 2b). Torat Kohanim to Vayikra 19:9 explains that these gifts apply by Torah law to any species that meets these five conditions. This is also the view of Behag, Rashi, Rambam, Rashbam, Ramban, Ra’ah, and Ran. Many later authorities incline this way as well (Pe’at ha-Shulḥan; Sha’arei Tzedek; Arukh ha-Shulḥan 1:8).
Other authorities maintain that the statement of Torat Kohanim is only an asmakhta. In their view, the Torah obligation applies only to grain, grapes, and olives: grain, because an unspecified “harvest” in the Torah generally refers to grain; and grapes and olives, because the Torah mentions them explicitly (Rabbeinu Tam and Rashba to Shabbat 68a; R. Shimshon and Rosh). The mitzva to leave gifts to the poor applies only to a regular harvest or picking, that is, when the produce is gathered for storage over several days or for wholesale sale. Incidental harvesting or picking is exempt – for example, when one gathers produce for his household’s food for that day, or for an occasional sale to a neighbor. Olelot are the exception, since they belong to the poor from the outset (MT, Laws of Gifts to the Poor 2:6; 4:27). The law in cases of uncertainty is explained below, section 6 and note 6.
