Tosefta for Sanhedrin 175:19

ת"ש דאמר רבי יאשיה שלשה דברים סח לי זעירא מאנשי ירושלים בעל שמחל על קינויו קינויו מחול

'The corner of the field' — this is dependent on the dispute of R. Ishmael and the Rabbis. For it has been taught: The precept of <i>pe'ah</i> ['the corner'] applies [in the first instance] to the standing corn.<span class="x" onmousemove="('comment',' 3 I.e., a corner of the field should be left unreaped. ');">¹⁹</span> If this was not done, a portion of the [harvested] sheaves should be given; if this was omitted, a part of the stack should be separated, providing it has not yet been evened. But once evened, it must [first] be tithed, and then [the poor man's portion] given to him.<span class="x" onmousemove="('comment',' But if not given even then, and the wheat was milled, the poor lose their rights. ');">²⁰</span> On the authority of R. Ishmael it was said: It must be separated even from the dough.<span class="x" onmousemove="('comment',' V. Mak. 16b. Therefore the question of ownership is involved here too, which has a further bearing on kiddushin. ');">²¹</span> THREE COURTS OF LAW etc. R. Kahana said: If he says, '[I base my ruling] on tradition,' and they say likewise, he is not executed; if he says. 'Thus it appears to use,' and they say, 'Thus it appears to us,' he is not executed; how much more so, if he says, '[I base it] on tradition,' and they say, 'Thus it appears to us'! He is executed only when he says, 'Thus it appears to me,' whilst they say, 'We base [our ruling] on tradition', the proof being that Akabia b. Mahalalel was not executed.<span class="x" onmousemove="('comment',' Akabia maintained his view, which he based on the traditions of his teachers, against the Rabbis in the chamber of Hewn Stones ('Ed. V. 6). ');">²²</span> R. Eleazar said: Even if he says. '[I base my ruling] on tradition', and they say, 'Thus it appears to us,' he is executed, that strife may not spread in Israel; and if thou arguest, Why was Akabia b. Mahalalel not executed? Because he did not give a rule for practical guidance. We learnt : HE STATED, THUS HAVE I EXPOUNDED, AND THUS HAVE MY COLLEAGUES EXPOUNDED, THUS HAVE I TAUGHT, AND THUS HAVE MY COLLEAGUES TAUGHT. Does it not [mean that] he said, '[I base it] on tradition', and they said, 'Thus it appears to us'? — No! He said, 'Thus it appears to me,' and they said, '[We base it] on tradition.' Come and hear! R. Josiah said: Three things did Ze'ira, an inhabitant of Jerusalem, tell me: [i] If the husband renounced his warnings, they are null;<span class="x" onmousemove="('comment',' V. p. 583. n. 1. If after giving his wife a formal warning he withdrew it, it is null, and hence if she did closet herself with her suspected lover, she is not forbidden to her husband. ');">²³</span>

Explore tosefta for Sanhedrin 175:19. In-depth commentary and analysis from classical Jewish sources.