Menachos Daf 71 מנחוס דַף 71

The next Mishnah states: קוצרין בית השלחין שבעמקים – we may harvest irrigated fields in the valleys before the עומר is harvested, אבל לא גודשין – but we cannot stack the grain. The people of Yericho harvested such grain before the omer ברצון חכמים – in accordance with the Sages’ wishes, but they also stacked it, which was against the חכמים’s wishes, ולא מיחו בידם – but they did not protest against them. In a Baraisa, Rebbe Binyamin explains the permit to harvest irrigated fields of a valley before the עומר: the passuk says וקצרתם את קצירה והבאתם את עומר – [when] you reap its harvest, you shall bring an omer offering, implying that harvesting can precede the עומר, yet the עומר is referred to as "ראשית קצירכם" – the first of your harvest, implying the עומר must be the first harvest. This apparent contradiction teaches that ממקום שאתה מביא – from a place which you may bring the omer, אי אתה קוצר – you may not harvest, but any place whose grain may not be used for the עומר (such as irrigated fields) may be harvested before the עומר.

A Baraisa relates six practices of the people of Yericho, שלשה ברצון חכמים – of which three were in accordance with the Sages’ wishes, and three were against their wishes. The first three were: (1) they grafted palm trees the entire Erev Pesach (and did not consider it labor), (2) וכורכין את שמע – and they would “wrap” the Shema (i.e., they did not pause between the first and second line), and (3) they harvested their grain before the עומר. The three which were against the חכמים’s wishes were: (1) they also stacked the harvested grain before the עומר, (2) they allowed benefiting from branches cut off from hekdesh carob and sycamore trees, and (3) they made breaches in their gardens and orchards to allow the poor to take the fallen fruit on Shabbos and Yom Tov during famines (the חכמים were concerned they might climb the trees and pick the fruit). Rebbe Yehudah argued that if the first three practices were with the חכמים’s full consent, יהו כל אדם עושין כן – let every person do so, not just the אנשי יריחו!? Rather, all these practices were against the חכמים’s wishes, ועל שלשה מיחו בידם – but for three of them, they protested against [the אנשי יריחו], and for three they did not protest. [Rebbe Yehudah’s list of practices differs slightly from Rebbe Meir’s.]

A Mishnah lists numerous separations which divide a field regarding פאה, such as a ravine or a road (requiring פאה in each section). Rebbe Meir says קוצר לשחת מפסיק – one who harvests unripe grain, [the harvested area] divides the field in two, because he does not consider such reaping the first stage of harvesting the field. The Chochomim say the field is only divided if he plows the harvested area, because they consider this reaping itself as harvesting, which does not divide the field. Rebbe Yochanan suggests that Rebbe Meir holds like Rebbe Shimon in our Mishnah, who permits harvesting שחת for animals (before the עומר) even after it reaches שליש – a third of its growth. However, a Baraisa proves that Rebbe Meir holds harvesting grain which reached a שליש is considered קצירה, even it was “cut” by locusts. Rebbe Meir also does not agree with Rebbe Yehudah in our Mishnah, who only permitted harvesting grain to feed animals, whereas Rebbe Meir holds even reaping שחת for human consumption is not considered קצירה. The Gemara concludes that Rebbe Meir followed Rebbe Akiva, who said harvesting a field in “patches” divides it for פאה, which Shmuel said refers to harvesting unripe grain for קליות – toasted kernels, which is for human consumption.