Menachot 141
לרבי יאשיה דדריה לא תיתב אכרעיך עד דמפרשת ליה להא מתניתין מנין לעומר שמתיר בהשרשה
<br> to R. Josiah his contemporary, You are not to sit down Until you have explained to me the following: Whence is it derived that the 'Omer renders permitted that which has only taken root? -[You ask whence? Surely it is derived from the expression 'corn in the ear', from which it follows that there is that which is not yet in the ear [which is permitted by the 'Omer]. Perhaps [the inference is that there is] that which is not yet in the ear but which has reached a third of its growth [which is permitted by the 'Omer! -Rather, said Samuel. [It is derived from the expression] 'from the time you begin to put the sickle', from which it follows that there is that which is not yet fit for the sickle [which is permitted by the 'Omer]. But perhaps the inference is that there is that which is not yet fit for the sickle but which is at least fit for fodder [that is permitted by the 'Omer]! -Rather, said R. Isaac, [It is derived from the expression] 'to the standing corn. from which it follows that there is that which is not yet standing corn [which is permitted by the 'Omer] - But perhaps the inference is that there is that which is not yet standing corn but which is at least in the grass stage [which is permitted by the 'Omer]! -Rather, said Raba, [It is derived from the expression] 'which thou sowest', that is from the time of sowing [it is permitted by the 'Omer]. Said R. Papa to Raba, In that case, even though it had not taken-root [it should be permitted by the 'Omer, should it not]?-He replied. You wise man, it is written, In the field. <br>
מנלן דכתיב (ויקרא ב, יד) אביב לאו מכלל דאיכא דלאו אביב
MISHNAH. ONE MAY REAP [BEFORE THE 'OMER THE CORN] IN IRRIGATED FIELDS IN THE PLAIN, BUT ONE MAY NOT STACK IT. THE MEN OF JERICHO USED TO REAP [BEFORE THE 'OMER] WITH THE APPROVAL OF THE SAGES, AND USED TO STACK IT WITHOUT THE APPROVAL OF THE SAGES, BUT THEY DID NOT FORBID THEM. ONE MAY REAP THE UNRIPE CORN AND FEED CATTLE THEREWITH. SAID R. JUDAH, WHEN IS THIS SO? ONLY IF ONE HAD BEGUN TO REAP IT BEFORE IT HAD REACHED A
דלאו אביב ולעולם דעייל שליש
THIRD OF ITS GROWTH. R. SIMEON SAID, ONE MAY REAP IT AND FEED [CATTLE THEREWITH] EVEN AFTER IT HAS REACHED A THIRD OF ITS GROWTH. ONE MAY REAP ON ACCOUNT OF THE SAPLINGS OR [IN ORDER TO MAKE AN OPEN SPACE] FOR THE MOURNERS OR THAT THE BETH HAMIDRASH BE NOT HINDERED. ONE MAY NOT BIND THEM IN BUNDLES BUT THEY MUST BE LEFT IN SMALL HEAPS. THE PRECEPT OF THE 'OMER IS THAT IT SHALL BE BROUGHT FROM THE STANDING CORN; IF THIS CANNOT BE FOUND IT MAY BE BROUGHT FROM THE SHEAVES. THE PRECEPT IS THAT IT SHALL BE BROUGHT FROM THE FRESH CORN; IF THIS CANNOT BE FOUND IT MAY BE BROUGHT FROM THE DRY CORN. THE PRECEPT IS THAT IT SHALL BE REAPED BY NIGHT; IF IT WAS REAPED BY DAY IT IS VALID. MOREOVER IT OVERRIDES THE SABBATH.
אלא אמר שמואל (דברים טז, ט) מהחל חרמש לאו מכלל דאיכא דלאו בר חרמש דלאו בר חרמש ולעולם שחת
GEMARA. It was taught: R. Benjamin says, The verse says, When ye shall reap the harvest thereof, then shall ye bring the sheaf. and following that it says, The first of your reaping unto the priest. How is it to be explained? Thus, the field from which you may bring [the 'Omer] you may not reap [before the 'Omer]. but that field from which you may not bring [the 'Omer] you may reap [before the 'Omer]. Perhaps I ought to say this: that kind of grain from which you may bring [the 'Omer] you may not reap [before the 'Omer], but that kind from which you may not bring [the 'Omer] you may reap [before the 'Omer]! - You cannot say so on account of R. Johanan's teaching. <br>
אמר רבי יצחק קמה לאו מכלל דלאו בר קמה דלאו בר קמה ולעולם אגם
THE MEN OF JERICHO USED TO REAP [BEFORE THE 'OMER] WITH THE APPROVAL OF THE SAGES, AND USED TO STACK IT WITHOUT THE APPROVAL OF THE SAGES etc. Whom have you heard say that [in certain cases] they [the Sages] forbade them and [in others] they did not forbid them? [Clearly it is R. Judah. Is then R. Judah of the opinion that with regard to reaping [before the 'Omer] the men of Jericho acted with the approval of the Sages? But it has been taught: The men of Jericho did six things: three with the approval of the Sages and three without their approval. These they did with the approval of the Sages: they grafted palms the whole day. they 'rolled up' the Shema', and they reaped before the 'Omer. And these they did without the approval of the Sages: they stacked the corn before the 'Omer, they permitted for use the branches of carob and sycamore trees which had been dedicated to the Temple, and they made breaches in their gardens and orchards so as to allow the poor to [come in and] eat the fallen fruit on Sabbaths and Festivals in years of drought. So R. Meir. Then said R. Judah to him, If they did them with the approval of the Sages then all people could do so! But they did both without the approval of the Sages, save that three they forbade them and three they did not forbid them to do. These they did not forbid them: they grafted palms the whole day. they 'rolled up' the Shema', and they reaped and stacked before the 'Omer. And these they forbade them:<br>
<big><strong>מתני׳</strong></big> קוצרין בית השלחין שבעמקים אבל לא גודשין אנשי יריחו קוצרין ברצון חכמים וגודשין שלא ברצון חכמים ולא מיחו בידם קוצר לשחת מאכיל לבהמה א"ר יהודה אימתי בזמן שמתחיל עד שלא הביא שליש רבי שמעון אומר יקצור ויאכיל אף משהביא שליש
ואלו שברצון חכמים מרכיבין דקלים כל היום וכורכין את שמע וקוצרין לפני העומר ברצון חכמים ואלו שלא ברצון חכמים גודשין לפני העומר ומתירין גמזיות של הקדש של חרוב ושל שקמה ופורצין פרצות בגנותיהן ובפרדסותיהן להאכיל נשר לעניים בשני בצורת בשבתות ובימים טובים דברי ר' מאיר