Commentary for Pesachim 12:16

דילמא משכחת ליה לבתר איסורא ולאו ברשותיה קיימא ולא מצי מבטיל דא"ר אלעזר שני דברים אינן ברשותו של אדם ועשאן הכתוב כאילו ברשותו ואלו הן בור ברשות הרבים וחמץ משש שעות ולמעלה

they are of account, surely it was taught: [If there are in a man's field] late figs, while he guards his field on account of the grapes; or if there are late grapes, while he guar his field on account of his cucumbers and gourds,<span class="x" onmousemove="('comment',' The late figs and grapes which remain after the harvest never fully ripen. Here they are in a field which is guarded from intruders not for their sake but because it contains other crops yet to be gathered.');">¹⁹</span> when the owner is particular about them, they are forbidden [to a stranger] as theft and are subject to tithes; when the owner is not particular about them, they are not forbidden as theft and are exempt from tithe!<span class="x" onmousemove="('comment',' Because they are regarded as ownerless, and such are exempt from tithe. Thus though they are incidentally guarded, that does not give them any value, and the same should apply here. texukd');">²⁰</span>

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