Related for Chullin 267:15
גזל ולא נתייאשו הבעלים ובא אחר ואכלו רצה מזה גובה רצה מזה גובה
Shall we say that they differ in the ruling of R'Hisda?
Tosefta Peah
An ear of grain that is among the standing grain, behold, it belongs to the homeowner. [An ear of grain] that is among the harvested [grain], behold, it belongs to the poor. [If] half is among the standing grain, and half is among the harvested [grain], he takes it and throws it behind him, because [in a case of] doubt [as to what is considered] gleanings, [the doubt is resolved in favor of its status being] gleanings (see also Peah 6:4 re: forgotten sheaves).
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