Commentary for Gittin 121:3

עני המנקף בראש הזית מה שתחתיו וכו': תנא אם ליקט ונתן ביד ה"ז גזל גמור

'What [then] is the practical effect of R. Jose's ruling? — That the article can be recovered by process of law.<span class="x" onmousemove="('comment',' But the robber is not disqualified from giving evidence, whereas according to the Rabbis the article cannot even be recovered by process of law. ');">⁴</span> IF A POOR MAN IS GLEANING THE TOP OF AN OLIVE TREE, TO TAKE THE FRUIT BENEATH HIM. A Tanna taught: If the poor man had gathered the fruit and placed it on the ground with his hands, to take it is actual robbery.<span class="x" onmousemove="('comment',' Because by handling it he had acquired possession. ');">⁵</span>

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