Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER V.

§ 1. A vineyard that has been destroyed, but still contains ten vines [from which grapes may be gathered], planted in regular order on a superficies large enough to receive a saah of seed-corn, such a vineyard is called a poor vineyard. Should the vines therein be planted irregularly, as long as there remain two vines [set in due order] facing three, it still continues a vineyard in a legal sense,

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but if not, it is [in law] a vineyard no more. R. Meir saith, "As long as it retains the appearance of a vineyard it remains one [in a legal sense]."

§ 2. A vineyard [in which the vines are] planted, at less intervals than four amoth, R. Simeon declares to be no vineyard [in a legal sense]; but the sages decide that it is a vineyard [in law], but that the vacant space [between the vines] must be considered as non-existing.

§ 3. Should a trench ten hands deep and four wide traverse the vineyard, R. Eleazar ben Jacob saith, "if it be open from one end of the vineyard to the other, it must be considered as if running between two vineyards, and may be sown in; but if not, it must be considered as a vinepress." Now, respecting a vinepress ten hands deep and four wide, R. Eleazar holds that it is lawful to sow therein, but the sages declare it not lawful. On a mound [barbican] ten hands high and four hands wide, [situated] in a vineyard, it is lawful to sow; but if the branches [of the vine] be trained or entwined over it, it is unlawful [to sow thereon].

§ 4. If a vine be planted in a vinepress, or a cavity, sufficient space is to be allowed for its cultivation, and the remainder [of the soil] may be sown in. R. José saith, "If there be less than four amoth space, no other kind of seed may be sown therein." It is permitted to sow in a house that stands in a vineyard.

§ 5. If a man plant herbs in a vineyard, or let them remain therein [after he sets the vines], he consecrates [renders unlawful the produce of] forty-five vines. When [is this the case]? If the vines be set at intervals of four or five amoth: but if they are set at intervals of six or seven amoth, he has only consecrated a radius of sixteen cubits in every direction of a circle, but not of a square.

§ 6. If a man perceives herbs growing in his vineyard, and says, "When I get yonder [to the spot where they grow] I will pull them up," he is permitted so to do; but should he say, "When I come back again I will pull them up," and during his absence they [the herbs] grow one two-hundredth part, the vineyard becomes subject to the prohibitory enactment.

§ 7. If a marl, going through his vineyard, has accidentally dropped seeds therein, or if they have got in with the manure or the water, or the wind has wafted seeds backward into the vineyard, and they have sprung up, it is not unlawful; but if the wind has carried seeds forward into the vineyard, R. Akivah saith, "if the seeds have sprouted, he must plough up the ground; if they be shot up into ears

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of corn, he must knock the grain out of the ears; but if the corn be ripe, it must be burned."

§ 8. If a man permit thorns to stand in his vineyard, R. Eleazar saith, "he hath [thereby] consecrated his vineyard [rendered its produce unlawful]:" but the sages say he has not; inasmuch as the vineyard becomes subject to the prohibition only, though [by means of] such seeds or herbs as it is customary to grow in a vineyard; ‏אִרוּם‎ 1 ‏קִיסוּם‎ 2 and the king's lily, and, in general, all kinds of field herbs are not kilaim in a vineyard; hemp is, according to R. Tarphon, not kilaim; but the sages hold that it is; ‏קִינרם‎ 3 is kilaim in a vineyard.