1. A person who sows two different seeds as one in the Land of Israel receives lashes, as it says "You shall not seed kilayim in your field" (Lev. 19:19)
Sefer Zeraim
הלכות כלאים
Diverse Species
The seventh book is Zera'im (Seeds): agricultural laws. Kilayim: Laws of forbidden mixtures
Complete work · 10 chapters · Hebrew + English
Chapter 1
Chapter 1
2. And this is the same whether one sows or uproots or covers, for example, if one wheat and one barley, or one bean and one lentil were on the land and the person covered them with dirt, whether with one's hand, one's foot or an instrument: the person gets lashes. And it is the same whether one sows on the land or on a open-bottom planter. But one who sows in a planter whose bottom is not open receives rebellion lashes [for transgressing a rabbinic law].
3. It is forbidden to sow mixed species for a non-Jew. And one is permitted to tell a non-Jew to sow mixed species. And it is forbidden for a person to keep alive mixed species in one's field, one should uproot them, and if they sustain themselves one is not lashed. And it is permissible for a Jew to sow mixed species with one's hand outside of the Land of Israel, and even to mix the seeds from the outset, and then sow them outside of the Land, and those words are "received words".
4. The only seeds in which the laws of mixing seeds apply are the ones fit to be eaten by a person. But the bitter herbs, and others, which use is medicine, and not food, and so on - to those these laws do not apply.
5. The mixing of trees fall under what is written "You shall not sow in your field mixed seeds" (Lev. 19:19). For example, the one who grafts a tree on another tree, for instance, an apple on an etrog or an etrog on an apple, behold this one receives "Torah lashes" [for transgressing a Torah law] in any place, whether in the land or outside of the land. And the same applies to one who grafts a vegetable on a tree, or a tree on a vegetable, this one is lashed in any place.
6. And it is forbidden for a Jew to ask a non Jew to graft mixed trees for him/her. And it is permitted to sow vegetable seeds and tree seeds together, and it is permissible to mix seeds of trees and sow them as one, as there is no mixing of seeds regarding trees, only grafting [is forbidden].
One who plants mixed seeds, as well as one who grafts trees onto one another: although he is lashed, they [produce] are nonetheless permitted to be eaten, including the one who planted them himself, because the prohibition only applies to planting them. It is also permitted to plant a branch from a grafted tree and to sow seeds from a plant that was originally from mixed planting.
Edible plants are divided into three categories: a) the first is called grain; it includes wheat, wild wheat, barley, oats, and spelt; b) the second is called kitniot; it includes all the types of seeds eaten by men other than grain, e.g., beans, peas, lentils, millet, and rice, sesame seeds, poppy seed, white peas, and the like. c) the third is called garden seeds, i.e., seeds which are not fit for human consumption, but whose fruit is fit for human consumption, e.g., onion seeds, garlic [seeds], leek seeds, ketzach [seeds], cabbage seeds, and the like. Flax seed is considered in this category. When these seeds are sown and grow, before the seeds are recognizable, the entire plant is called herbage and it is called vegetables.
There are some garden plants that that are sown in [large] fields, e.g., flax and mustard seed and they are called "types of seeds." And there are other garden plants which people customarily sow only in small rows, e.g., turnips, radishes, spinach, onions, coriander, parsley, horse radish, and the like. These are called vegetables.
Chapter 2
Chapter 2
[The following rules apply when] seeds [of one species] are mixed together with seed of another [species]. If the smaller quantity was one twenty-fourth [or more of the entire mixture], e.g., a se'ah of wheat became mixed with 23 se'ah of barley, it is forbidden to sow the mixture unless one reduces the amount of wheat or adds to the amount of barley. If he sowed [the mixture as is], he is liable for lashes.
Any [species of seed] that is considered a forbidden substance with the seeds [that are mixed in] is included in the sum of one twenty-fourth. What is implied? 23 se'ah of wheat were mixed together with two kabbin of barley, two kabbin of lentils, and two kabbin of beans. He should not sow the entire mixture until he reduces the se'ah of mixed substances by removing part of it or adding to the wheat, for barley, lentils, and beans are all considered as kilayim with wheat.
When does the above apply? When the different types of grain are mixed together, the different legumes are mixed together or grain is mixed with legumes or legumes mixed with grain. If, however, species of garden seeds are mixed with grain or beans, the measure [which is considered significant] is one twenty-fourth of what would be sown of that species in the area necessary to sow a se'ah [of grain]. If [this amount] is mixed with a se'ah of grain or legumes, one should not sow the mixture unless he reduces [the garden seeds] or adds to the grain.
What is implied? [For example,] mustard seed was mixed with grain. Now a kav of mustard seed is sown in the area fit for a se'ah of grain. If one twenty-fourth of a kav of mustard seed is mixed with a se'ah of grain or legumes, one must reduce [the mustard seed]. Similarly, if it was customary to sow two se'ah of a species of garden seeds in an area where a se'ah of grain would ordinarily be sown, should a half a kav be mixed in a se'ah of grain or legumes, it must be reduced.
Therefore, [the following laws apply if] grain becomes mixed with flax seed. If there were three quarters [of a kav] in every se'ah [of grain], it is necessary to reduce the amount [of flax]. If there is less than that [amount], it is not necessary to make such a reduction. [The rationale is that] in an area fit to sow a se'ah [of grain], it is customary to sow three se'ah of flax seeds. This pattern is followed with regard to all other types of seeds.
When does the above apply? When one did not intend to mix the two species and one did not intend to sow a mixture of the two species. If, however, one intended to mix one species of seed with another species or to sow two species, it is forbidden to sow even one kernel of wheat with an entire grainheap of barley. Similar laws apply in all analogous situations.
[The following rules apply when] a person sowed a particular species in his field, but when the crops grow, he saw that there are intermingled species there. If the [intermingled] species covered one twenty-fourth of the area in the field, he should gather it until he reduces the amount because of the impression that might be created. [An onlooker might think that] perhaps he sowed mixed substances intentionally. [This applies] whether the [intermingled] species that grew was grain and legumes amid grain and legumes or garden seeds amid grain, legumes, and garden seed. If the amount that grew was less than this, he does not need to reduce it.
When does the above apply? When there is a reason to suspect [that he did so intentionally]. When, however, it is apparent from the situation that this was not the owner's intent, but the [intermingled species] grew on their own accord, we do not require him to reduce their amount.
What is implied? Indigo grew in [a field of] wheat. Grass grew in [a field of] chilbah planted for human consumption. [It is obviously undesirable, because the intermingled species] damage the primary species. Similar laws apply in all analogous situations.
How is it possible to know whether the chilbah is planted for human consumption? When it is sown in a series of rows and there is a border around it. Similarly, if different species grew in the place of the grainheap, we do not require him to uproot them, for it is known that he does not desire plants to grow in the place of the grainheap. If he removed some of the growths - which indicates that he desires to maintain [the plants] that remain - we tell him to uproot everything except one species.
We may not plant vegetables in a stump of a wild fig tree or the like. [The following laws apply when a person] buries a bundle of turnips, radishes, or the like under a tree, or even under a vine. If some of the leaves were revealed, he need not be concerned [about the prohibition against kilayim], since he does not desire that [the buried vegetables] take root. If they were not [tied in] a bundle or their leaves were not revealed, he must show concern for that prohibition.
When a field had been sown and the produce [that grew] was harvested, but the roots were left in the earth, one should not sow another type of produce in that field until the roots are removed. [This applies] even if [these roots] will not produce a plant for several years.
When a person had sown wheat in his field and then changed his mind and decided to sow barley before the wheat grew, he must wait until the wheat seeds rot and decompose in the earth - i.e., three days if the field is well irrigated. Afterwards, he should turn the land upside down with a plow and sow the other species. He does not have to turn the entire field upside down until there is not one kernel of wheat that has not been uprooted. Instead, he should plow the field like he would plow it before rainfall so that it would be watered thoroughly.
If the wheat grew and then he changed his mind and decided to sow barley, he should turn over the field and then sow it. If he let his animal into the field and it ate the growths, it is permitted to sow the other species.
On the first of Adar, a pronouncement is made regarding [the need for concern for] kilayim. Every person should go out to his garden and his field and clean it from mixed species. On the fifteenth of [Adar], the agents of the courts go out and spread out [throughout the land] to check.
Originally, [the agents of the court] would uproot [the mixed species] and cast them out and the owners of the fields would be happy that [the court's agents] would be cleaning their fields. [As a safeguard against indolence, the court ordained] that they would declare ownerless any field where mixed species were found, provided the [additional] species was one twenty-fourth [of the entire crop]. If it is less than that, they should not touch it.
The agents of the court return during the intermediate days of Pesach to look at the crop that were late in ripening. If mixed species have budded, we do not wait. Instead, [the agents] go out immediately and declare the entire field ownerless if one twenty-fourth of it is from a second species.
Chapter 3
Chapter 3
There are certain species of plants which will divide into separate forms because of the difference in the place [where they grow] and the differences in the manner in which the earth is cultivated until they appear as two species. Nevertheless, since they are one species, they are not considered as kilayim with each other.
And there are species of plants that resemble each other and whose form is close to being the same. Nevertheless, because they are two species, it is forbidden [to grow] them together.
What is implied? Lettuce with wavy lettuce, endives and wild endives, leek and wild leek, coriander and mountain coriander, mustard and Egyptian mustard, Egyptian squash and squash of ashes, are not considered as kilayim with each other. Similarly, wheat and undomesticated wheat, barley and oats, rye and spelt, beans and white peas, fabaceae and leguminosaea, white beans with azuki beans, zucchini and cucumbers, cabbage and cauliflower, beets and sorrel are not kilayim with each other. But radishes and Israeli radishes, mustard and bitter cabbage, Greek squash and Egyptian squash, or and squash of ashes, although they resemble each other are kilayim with each other.
Similarly, with regard to trees, there are species which resemble each other with regard to their leaves or their fruit, but since they are separate species, they are kilayim. What is implied? Apples and crabapples, peaches and almonds, prunes and Arabian jujube, although they resemble each other are kilayim with each other. But apricots and white plums and quince and lavallei are not kilayim with each other.
Similarly, there are other plants and trees which [our Sages] did not classify as kilayim although they are inherently two different species, because the leaves of one resemble the leaves of the other or the fruit of one resembles the fruit of the other very closely to the extent that they appear as different shades of the same species. [The rationale is that] with regard to kilayim we follow the appearance alone.
What is implied? Turnips and radishes are not kilayim with each other because their fruits are similar. Turnips and Israeli radishes are not kilayim with each other, because their leaves resemble each other. But radishes and Israeli radishes are kilayim even though their fruits resembles each other and their leaves resemble each other, because the taste of the fruits are drastically different from each other.
How much is it necessary to separate between two species of plants so that they will not be considered as kilayim [when planting them in the same field]? So that [the two species] will look distinct from each other. If, however, they appear as if they were sown together, this is forbidden.
There are many different measures given with regard to the distance required to make this distinction. Everything depends on the size of the field that is being sown and the proliferation of leaves [the plants have] and the extent to which their branches spread out.
What is implied? If a person had sown a species of grain in his field and he sought to sow another species of grain in another field at its side, he must make a separation the size of the area in which one can sow a quarter of a kav between the two. This is approximately ten and one fifth cubits by ten and one fifth cubits. [This applies] whether [the space left empty ceases] in the midst [of these fields] or [continues along their entire] side. If there is less than this space between them, sowing [these crops] are forbidden, but he is not liable for lashes unless they are six handbreadths [or less] close to each other.
If his field was sown with vegetables and he desired to sow another species of vegetables - even squash - in another field at its side, he must make a separation of a square six handbreadths by six handbreadths between the two whether [the space left empty ceases] in the midst [of these fields] or [continues along their entire] side. If there is less than this space between them, sowing [these crops] are forbidden, but he is not liable for lashes unless they are within a handbreadth of each other.
If there was grain sown in one of two fields and vegetables or squash sown in the other, one must make a separation the size of the area in which one can sow a quarter of a kav between the two.
When does the need to make a distinction of the size mentioned above apply? Between two fields. If, however, he had sowed vegetables in his field and he desires to sow a row of another species of vegetables at their side, it is sufficient for him to leave a trench six handbreadths long with its width the same as its depth between the row and the field.
When a field is sown with grain and a person desires to sow a row of vegetables - even squash whose leaves are long and become tangled - in its midst, he must leave a distance of six handbreadths between them. If the leaves of the squash became extended and entered into [the portion where] the grain [was sown] and became entangled with it, he should uproot enough of the grain in front of the squash so that the leaves will not become tangled. Needless to say, if he sowed one row of one species and another row of another species, it is sufficient for there to be one trench between them, as will be explained.
If he made an appropriate separation between the two species, but one of the species became draped upon the other one - whether the grain became draped upon other grain, a vegetable upon another vegetable, a vegetable upon grain, or grain upon a vegetable - everything is permitted, for he made a separation of the appropriate measure. [There is one] exception, Greek squash, because it becomes extended very far. Therefore if it becomes draped upon [another species], one should uproot the species in front of it, as explained [in the previous halachah].
If between two species there were [any of the following] - a cistern, a plowed field left fallow, a stone fence, a path, a wooden fence that is ten handbreadths high, a trench that is ten handbreadths deep and four handbreadths wide, a tree whose branches hang to the earth, or a rock that is ten handbreadths high and four [handbreadths] wide - it is permissible to place the one species on one side of [the divider] and the other species on the other side [of the divider]. Since one of the above is separating between them, they appear distinct from each other.
When is it necessary for there to be such a separation or a divider? When one is sowing [the two species] in his own field. If, however, one person sowed wheat in his field, his colleague is permitted to sow barley in a bordering [field], as [implied by] Leviticus 19:19]: "Do not sow mixed species in your field." The prohibition applies only to sowing mixed species in one's own field. For the Torah does not say: "Mixed species shall not be sown on the earth." Moreover, even if one planted barley in his own field next to wheat and extended the barley until it was adjacent to the field of his colleague which was planted with barley, it is permitted. [The rationale is that] the barley in his own field appears to be the end of his colleague's field.
If his field was planted with wheat and a colleague's field adjoining it was planted with wheat, he is permitted to sow one row of flax at the side of his wheat adjoining his colleague's field. [The rationale is that] an observer knows that it is not the common practice to sow only one row of flax and this person is merely testing his field to see if it is fit to plant flax or not. Thus he is sowing the seed with the intent of destroying it. Therefore, it is forbidden to sow another species between these two fields that are planted with one species until he makes a distinction [between the two species] within his own property.
When a person's field and a colleague's field were sown with two [different] types of grain, he should not sow even one row of mustard seed or safflower seed, because it is customary to sow one row of these. If, however, there were two fields planted with different species of vegetables, it is permitted to sow mustard seed or safflower seed between them. For it is permitted to bring any species close to mustard seed or safflower seed with the exception of grain. [There is a stringency in the latter instance, because the mustard seed or safflower seed] do not have a harmful effect on [grain]. Similarly, if a corner [of a portion] of one's field [sown] with one species touches a block [of the field sown] with another species, it is permitted, because they appear separate from each other. Needless to say, if the corner [of a portion of one's field sown] with one species touches a corner [of the field sown] with another species, it is permitted without setting them apart or making a distinction as we explained, because it appears that it is the end of one field that touched the end of another field.
Chapter 4
Chapter 4
It is permitted to sow two rows of zucchini next to each other, next to them two rows of squash, next to them two rows of Egyptian beans, [provided] there is a trench between each species. One should not, however, sow one row of zucchini, one row of squash, and one row of Egyptian beans, even though there is a trench separating between each species, because the leaves of these species grow long and become extended and tangled. If they are sown one row next to another, everything will become intermingled and it will appear that he sowed [the crops] as a mixture.
If a person's field was planted with types of vegetables and he desired to plant several rows of squash in it, [he must do the following]: Rip up from the vegetables a place where he will plant a row of squash and separate between it and the vegetables with a trench. He then leaves a twelve cubit section of vegetables and plants a second row of squash, dividing between it and the vegetables with a trench. Similarly, [he should follow this pattern] until [he reaches] the place he desires. Thus there will be twelve cubits between each two rows of squash. If there is less than this measure, it is forbidden, because the leaves will become tangled with the vegetables between them on either side and it will appear that he sowed [the crops] as a mixture.
When [a person has] a row of squash sown or even one squash [plant] and desires to plant grain next to it, he must [leave empty a portion] large enough to sow a fourth [of a kav], for [the squash plants'] leaves have become extended and are considered to have taken possession of a large area. Any entity, e.g., a grave, a rock, or the like, that exists within [the area] large enough to sow a fourth [of a kav] that is left empty as a separation between these two species is considered as part of the measure.
When a trench or an irrigation ditch are a handbreadth deep, one may sow three types of plants within them: one on each edge of the trench and one in the middle.
It is permitted to sow two species in one pit - even zucchini and squash - provided that one is leaning above one side of the pit and the other leans above the other side and thus they appear separate from each other. Similarly, if one planted four species in a pit and pointed them to each of the four directions, it is permitted.
When a person desires to sow his field in many long rows of different species, he should make a separation of two cubits by two cubits [at the beginning of the rows]. He may then continually reduce the width of the empty space until at the end of the rows, there is only the slightest amount of empty space between them. [This is permitted,] because they do not look like they have been sown as a mixture.
If a person wants to plant his field in squares of different species, he should not plant more than nine squares in a field large enough to sow a se'ah. Each square should be large enough to sow a quarter of a kav. Thus there will be approximately ten cubits minus a fourth of a cubit between each square, for the area in which a se'ah can be sown is fifty [cubits] by fifty [cubits].
What is the difference between the terms meishar and karachat? The former is long and the latter is square.
[The following principle applies with regard to] species of vegetables that it is not customary for a person to sow in large amounts as we explained. It is permitted to sow even five types of these vegetables in one row that is six handbreadths by six handbreadths, provided he sows four species at the four sides of the row and one in the middle, leaving a handbreadth and a half between each species so that they will not derive nurture from each other. One should not, however, sow more than five species [in a row] even if he makes an appropriate separation, because it appears that they are sown as a mixture.
When does the above apply? To a row planted in a ruin where there are no crops outside it. If, however, a row is planted among other rows [of produce], it is forbidden to sow five [different] species. For if he will sow all four sides of one row and all the sides of the rows around it, everything will appear as a mixture. If he caused the leaves of one row to lean to one side and those of the other row to lean to the other side so they appear distinct [from each other], it is permitted. Similarly, if he makes a trench between each row, it is permitted.
It is forbidden to sow outside this row without a trench or without leaning [the plants to the side]. [This applies] even opposite the corners of the row in which there are no plants. This is a decree, [enacted] lest one sow the four species in the four corners of the row and sow other species outside of it, opposite the corners, and thus, everything would appear mixed.
If the row was six handbreadths by six handbreadths and it had a barrier a handbreadth high and a handbreadth wide around it, it is permitted to sow even eighteen species within it: three on each barrier and six in the middle. One must separate a handbreadth and a half between each species. One should not sow a turnip in the midst of the barrier, lest it fill it. He should not sow more than that.
It is forbidden to sow different seed plants in this manner, because they appear as kilayim. [More lenient laws apply to] species of vegetables. Since people generally sow only small amounts of them, it is permitted [to sow them in the manner] explained [above].
When there is a barrier a handbreadth wide and one sowed several species in it as we explained, if the height of the barrier was reduced, it is still acceptable since it was acceptable at the time when it was originally sown.
When a person desires to fill his entire garden with different types of vegetables without making a separation between them, he should divide the entire garden into square rows, even six handbreadths by six handbreadths. He should then make five circles in every row, four for the four corners and one in the center. He may sow a species [of vegetables] in each circle and one in the center and he may sow four other species in the four corners. Thus there are nine species in each row and yet they appear separate from each other. He leaves empty only what is between the circles. This is left fallow so that the circles will appear distinct from the corners and distinct from each other. If he desires not to leave any empty space at all, he should do the following: If [the crops in] the circles are sown vertically, he should sow [crops in the space left] between them horizontally. If they are sown horizontally, he should sow [in the space] between them vertically so that they will appear distinct from each other.
From all of the above, the following principles become apparent for you. When there is sufficient space between two species so that they will not derive nurture, we are not concerned with the appearance as we explained. And when they appear separate from each other, we are not concerned with the fact that they derive nurture from each other, even if they are next to each other as we just explained.
Chapter 5
Chapter 5
When a person sows two types of grain or two types of vegetables together with [grape] seeds, he is liable for two sets of lashes: one for [violating the prohibition (Leviticus 19:19 ]: "You shall not sow your field with mixed species," and one for [violating the prohibition (Deuteronomy 22:9 ]: "You shall not sow your vineyard with mixed species."
A person does not receive lashes for sowing kilayim in a vineyard unless he sows a handful of wheat, barley, and grape seed in Eretz Yisrael. Similarly, one who covers such seeds with earth is worthy of lashes. And one who sows two types of vegetable seeds or a vegetable seed, a grain seed, and a grape seed from one hand is worthy of lashes.
He is not liable according to Scriptural Law unless [he sows] hemp and wild onions or the like from seeds that will mature together with the produce of the vineyard. Other types of seeds are forbidden according to Rabbinic decree. Similarly, according to Rabbinic decree, it is forbidden to sow kilayim in a vineyard in the Diaspora.
Why did [the Sages] forbid planting mixed species in a vineyard in the Diaspora, but not mixed species in a field? Because [the prohibition against] mixed species in a vineyard is more severe. For if they were to be sown in Eretz Yisrael, it would be forbidden to benefit from them. Since it is forbidden to benefit from them in Eretz Yisrael, it is forbidden to sow them in the Diaspora.
We may not hoe with a gentile with mixed produce, but one may uproot the produce with him in order to eliminate the undesirable substances.
The prohibition against mixed species in a vineyard applies only to species of grain and species of vegetables. Other types of plants, by contrast, are permitted to be sown in a vineyard. Needless to say, [this applies with regard] to other trees.
It is forbidden to sow vegetables or grain next to vines or to plant a vine next to vegetables or grain. If one does this, although he is not liable for lashes, [the produce] is hallowed and it is forbidden to benefit from both the grain or vegetables and the vines. They must both be burnt, as [Deuteronomy 22:9] states: "Lest the fullness of the seed... become hallowed." It is forbidden to benefit from even the straw of this grain and the wood from these vines. They must be burnt. One should not use them as fuel for an oven or a range and one should not [use them] for cooking while they are being burnt.
[The prohibition applies equally] whether one plants or maintains kilayim; i.e., one saw that mixed substances grew in his vineyard and he left them [to grow], they become hallowed. A person may not hallow an article that is not his. Therefore if a person draped his vine over grain belonging to a colleague, he causes his vine to be hallowed, but not the grain. If he draped a vine belonging to a colleague over his grain, he causes his grain to be hallowed, but not his colleague's vine. If he draped a vine belonging to a colleague over grain belonging to a colleague, he does not cause either of them to become hallowed. For this reason, when a person sows [kilayim] in his vineyard in the Sabbatical year, he does not cause it to be hallowed.
When a person sees mixed species [growing] in a vineyard belonging to a colleague and maintained them, that observer is forbidden to benefit from them. Every other person is permitted. Were the owner of the vineyard to have maintained them, they would be hallowed for all people as explained.
[The following laws apply when] a man of force sowed kilayim in a vineyard belonging to another person. If the owner hides out of fear, even though he does not despair over [ultimately receiving his property], [the produce] becomes hallowed according to Scriptural Law. If he does not hide, even though he does despair [the produce] becomes hallowed only according to Rabbinic Law.
When wind uproots branches of a vine and blows them against grain, one should remove them immediately. If he did not remove them due to forces beyond his control, they are permitted and they do not become hallowed.
[The following laws apply when] a man of force sowed [kilayim] in a vineyard [and then departed, leaving the vineyard to its original owner]. When the man of force departs, [the owner] should harvest the crops immediately,even during Chol HaMoed. If one cannot find workers, he should add even a third to their wages. If they demanded more than that or was unable to find workers, he may continue searching without pressure and harvest [the produce]. If the produce remained until it reached the point that it hallows [the vineyard], it is hallowed and both species are forbidden.
When do grain or vegetables become hallowed? When [the plants] develop roots. [When do] grapes? When they reach the size of a white bean, as [implied by Deuteronomy 22:9]: "Lest the fullness of the seed which you sowed and the produce of the vineyard become hallowed;" [i.e., the prohibition applies when] one sows this and this becomes produce. If, however, the grain has already dried to the degree necessary or grapes had matured to their full extent, they do not become hallowed. What is implied? When grain has already dried to the degree necessary and then one planted a vine in their midst or grapes had matured to their full extent and one planted grain or a vegetable next to them, although this is forbidden, they do not become hallowed.
[The following rules apply in] a vineyard whose grapes have not grown to the size of a white bean, but are still underdeveloped. If one sowed vegetables or grain there and they took root, they are not hallowed. Nevertheless, he is penalized and we forbid the growths. The underdeveloped grapes, by contrast, are permitted. If one uprooted the growths before the grapes became the size of a white bean, it is permitted to benefit from them. If some of [the grapes] have reached that size and some have not, those which have are hallowed and those which have not are not.
When grapes have grown to the size of a white bean and one planted grain or types of vegetables at their side and reaped the growths before they became rooted, it is permitted to benefit from them. If they became rooted, it is forbidden.
When a vine has dried out and its leaves have fallen as is frequent in the winter, it is forbidden to sow vegetables or grain next to it. If one sows them there, they do not become hallowed. Similarly, if one sows these species in a flowerpot that does not have a hole which is located in a vineyard, the produce is not hallowed. He, however, should be given stripes for rebellious conduct. If, however, the flowerpot has a hole, it is [as if he sowed] in the ground.
[The following rules apply when a person] was passing through a vineyard and seeds fell from him or they were brought [into a field] with fertilizer or water, or one was sowing or winnowing in a field of grain and the wind carried the seeds behind him and the seeds fell into a vineyard and sprouted, they do not become hallowed. [This is derived from the prooftext cited above] which states "which you sowed," and this was not sowed. He is, [nevertheless,] obligated to uproot it when he sees it. If he maintains it, it becomes hallowed. If the wind carried the seeds before him and he saw them fall into the vineyard, he is considered to have sown them. What should he do if their grasses grow? He should turn them over with a plow; this is sufficient. If he discovered that they have already ripened, he should crush the portion that ripened, for it is forbidden to benefit from the entire [plant]. If he discovers that grain has already sprouted, it must be burnt. If he saw it and maintained it, it must be burnt together with the vines adjacent to it.
When a person sees an herb that [most] people would not plant [growing] in a vineyard, it does not become hallowed even though he desires that it be maintained [so that he will use it] for animal [fodder] or for medicinal purposes unless most people in that locale would maintain such a plant. What is implied? [When] a person maintains brush [growing] in his vineyard in Arabia, it becomes hallowed, [because there most people] desire the brush for their camels.
Mint, ivy, the king's lily, and other [similar] plants are not considered as kilayim in a vineyard. Hemp, artichokes, and cotton, are considered like other types of vegetables and they become hallowed in a vineyard. Similarly, all types of herbs that grow on their own accord in a field become hallowed in a vineyard. An Egyptian bean is considered as a plant and does not become hallowed. Bamboo, roses, and thornbushes are considered as species of trees and are not kilayim in a vineyard.
This is the general principle: Whenever the leaves of a plant grow from its roots, it is considered a vegetable. If its leaves do not grow from its roots, it is not a vegetable. A caper tree is considered as a tree in all contexts.
When a person sees a vegetable [growing] in [his] vineyard and says: "When I reach it, I will take it out," it is permitted. Should he reach it and pass it by, saying: "When I return, I will take it out," if he waits [the time it takes] to add 1/200th [to its size], it becomes hallowed.
How can we measure this degree [of growth]? We see how long it would take for this vegetable or grain to dry if its connection with the earth were severed. Let us say that it would take 100 hours to dry to the point that it retained no moisture. Thus if it remained in the ground for half an hour after he reached it, it will have added 1/200th [to its size] and it is forbidden. If he waited less than half an hour, it is permitted.
It is forbidden to carry a pot with a hole [at its bottom] in which a vegetable is growing through a vineyard. If one left [such a pot] under a vine on the earth for [the time it takes] to add 1/200th [to its size], it becomes hallowed.
[The following law applies when one] sowed an onion in a vineyard, the vineyard was uprooted afterwards, and then the onions grew from the roots that were already planted. Even though the growths are more than 200 times the size of the root, the root remains forbidden, for the permitted growths cannot change the status of the forbidden root.
Chapter 6
Chapter 6
When a person sows vegetables or grain in a vineyard or maintains these species, allowing to grow 1/200th, he causes the vines around it to become hallowed in a radius - not a square - of sixteen cubits. We consider the entire circle with a diameter of 32 cubits as if it were filled entirely with vegetables. Any vine that grows in this circle becomes hallowed together with the vegetables. Any one outside the circle is not hallowed.
When does the above apply? When there are more than four cubits between the edge of this circle and the rows of the vines outside of it. If, however, there were exactly four cubits or less between them, we consider the circle as if it reached the row which is next to it and it is as if the diameter of the circle is 40 cubits. We take into consideration every vine that is included in this circle that is 40 cubits in diameter and it is hallowed.
When does the above apply? When one sows or maintains the different species in the midst of the vineyard. When, however, he sows [the grain or vegetable] outside the vineyard, but next to it, he causes the two rows of the vines next to [the different species] sown to become hallowed. [The hallowed portion of the vines continues] over the entire length of [the area] sown plus four cubits [on either side]. A portion four cubits wide [of the area] sown along the entire length of the [external] row of the vineyard becomes hallowed. If one sows [such crops] next to a single vine, only a circle with a radius of six handbreadths of the area sown becomes hallowed.
A small vine that is less than a handbreadth long does not cause the sown [area] to become hallowed. When does the above apply? When there are two [vines] planted opposite two others and another one projects as a tail. If, however, the entire vineyard [was planted] in this manner, it does become hallowed.
[The following rules apply when there are] two gardens one above the other and the lower one is planted as a vineyard. One should plant the upper one until he reaches within the aerial space of ten handbreadths of the vineyard. For it is forbidden to sow seeds within ten handbreadths of the aerial space of a vineyard or a vine. If the upper [garden] was planted as a vineyard, one should sow the lower garden until he reaches within three handbreadths of the roots of the vines.
When a person's field was sown with vegetables or grain and he changed his mind and decided to plant vines in it, he should turn over the sown produce with a plow and then plant the vines. He should not plant the vines and then turn over [the produce]. If it was planted with vines and he changed his mind and decided to sow crops there, he should uproot the vines and then sow the crops. If he desires to merely cut off the vines until there is less than a handbreadth of them near the earth, it is permissible for him to sow [the crops at this point] and then uproot the remainder of the vines from the earth.
[The following laws apply when a person] extends a vine [by embedding it] in the earth, even if he encloses it in a dried gourd that serves as a cylinder for it or in an earthernware cylinder. If there are three handbreadths or more of earth covering it, it is permitted to sow [crops of other species] above it. If there was less earth than that upon it, it is forbidden to sow above it It is, however, permitted to sow at its side.
If he extended it through hard ground, it is permitted to sow crops over it even if there are only three fingerbreadths and not three handbreadths of earth upon it. When does the above apply? When the base of the vine is not visible. If, however, it is visible, it is necessary to make a distinction of [at least] six handbreadths at either side in every direction before sowing just as one must make such a separation from any one vine that was not extended in the ground, as will be explained.
When a person extends three vines in the ground, but their bases are visible, if there are between four and eight cubits between them, they are grouped together with the other vines that are growing [in the vineyard] and it is as if they were not extended in the ground. If not, they are not included among the others.
If there were less than three vines, they are not included [as part of the vineyard]. Instead, one should separate six handbreadths on every side and sow [other crops].
Anyone who sows crops under branches and leaves that emerge from the vines causes [the produce] to be hallowed even though the crops are several cubits away from the base of the vine.
When a person drapes a vine over a portion of a trellis [intended for vines], he should not plant [crops] under the remainder of the trellis even though there are no leaves or branches upon them. If he did plant there, since there are no crops under the shade of the vine, it is permitted. Similar [laws apply] if he draped a vine over some branches of a tree that does not produce fruit, e.g., cedars or pines. If, by contrast, he draped a vine over some of the branches of a fruit-bearing tree, it is permitted to sow under the branches of the tree where the vine was not draped. [The rationale is] that a person does not nullify a fruit-bearing tree to make it a trellis for a vine. If, after [produce] was sown, the branches were extended and covered the produce, they should be shifted to another place.
When a person sows under the remainder of the trellises or under the remainder of the branches of a tree that does not produce fruit and then the branches of the vine were extended and covered the crops, it is forbidden to maintain them or shift the branches [of the vine]. What should he do? He should uproot the crops.
When reeds are jutting out from the lattice on the surface of a trellis, but [the owner] does not want to cut them off lest he destroy the trellis, he is permitted to sow [crops] under them. If he left them so that the branches and leaves that emerge will grow upon them, it is forbidden to sow [crops] under them.
When a branch emerges from a vine which is propped up or from the trunk of a vine that is not propped up, we considered it as if a plumb line is hanging from it to the earth and it is forbidden to sow under it. Similarly, if one extends a branch from one tree to another, it is forbidden to sow under it.
When a person ties a rope or rubber cord to a branch and ties the other end to a tree, he is permitted to sow [crops] under the rope. If he extended this rope with the intent that the branches and leaves will grow upon it, it is like a trellis and it is forbidden to sow under it.
Chapter 7
Chapter 7
When a person comes to sow [crops] next to a vineyard, he should move four cubits from the roots of the vines and sow. From a single vine, he should move six handbreadths away and sow. If there was a row of vines, one next to each other - even 100 of them - it is not considered as a vineyard, but as a single vine. One must move [only] six handbreadths away from the row [before] sowing. If there were two rows, one must move four cubits away from every side before sowing.
How many vines must there be in each row? Three or more. When does the above apply? When there are between four and eight cubits between each vine. If, however, there are eight cubits besides the place of the vines between the two rows, they are considered as distinct from each other. They are not considered as a single vineyard and there is no need to separate more than six handbreadths from each row. Similarly, if there are less than four cubits between each of [the two rows], they are considered as a single vine and it is [only necessary] to make a distinction of six handbreadths on each side.
If there were three rows, even though there are less than four cubits between them, they are considered as a vineyard, for we consider the middle row as if it does not exist. Similarly, if there were three rows and eight cubits or more between each row, one may sow between the rows.
Therefore if a person sows his vineyard from the outset with an eight cubit separation left between each row, he is permitted to sow crops within it, leaving a distance of only six handbreadths between [the crops and] every row of vines. If, however, he sowed [crops] outside the vineyard, he must make a separation of four cubits from the outer row, as applies with regard to other vineyards. The laws [applying to the space] between the rows of this vineyard are not the same as those that apply to a vineyard whose center was devastated, for from the outset, he planted them in a separate manner.
When there was one row of vines in a field and another row in a field belonging to a colleague that was opposite it and close to it, [the two rows] can be combined to be considered as a vineyard although there is a private path, a communal path, or a fence which is less than ten handbreadths high provided there are less than eight cubits between them.
[The following rules apply if one] planted one row on ground level and one row on a terrace: If the terrace is ten handbreadths above ground level, they are not considered as a single entity. If it is lower than that, they are.
When a person plants five vines: two opposite each other and one which projects like a tail, it is called a small vineyard. It is necessary to separate four cubits from it on all sides. If, however, he planted two opposite two and one in the middle or one row of three and two opposite them in a second row, they are not considered a vineyard and it is only necessary to make a separation of six handbreadths on each side.
[The following laws apply when] a vineyard has been devastated. If there are ten vines [whose produce] can be reaped in an area fit to harvest a se'ah [of grain] and they are planted two opposite two and one projecting like a tail or it is possible to see them as two rows of three, it is called a meager vineyard and it is forbidden to sow [crops] in it.
[The following laws apply when] a vineyard is not planted in rows, but rather randomly. If it is possible to see [the vines] as having been planted two opposite three, it is considered as a vineyard. If not, it is not considered a vineyard and it is sufficient to separate only six handbreadths from each individual vine before sowing.
When the base of the vines are [planted] opposite each other, but the branches are not growing opposite each other, it is considered a vineyard. If the branches are [growing] opposite each other, but the bases are not [planted] opposite each other, it is not considered a vineyard. If when the vines were thin, they were not [positioned] opposite each other, but when they grew thick, they were positioned opposite each other, it is considered a vineyard. How should one know if the vines are planted opposite each other? He should take a measuring line and measure from one to the other.
[The following laws apply when] the middle of a vineyard has been devastated, but it remains complete on all its sides. If the empty portion in the center [has a diameter of] sixteen cubits, one may separate four cubits from the base of the vines on each side and sow in the midst of the empty portion. If [the diameter] is less than sixteen cubits, he should not bring seed there. If he did sow there, since he made a separation of four cubits from the vineyard's vines on all sides, [the produce] does not become hallowed.
Similarly, if an empty portion was left without vines between the end of the vineyard and its fence, it is called "a forsaken [portion of a] vineyard." If it is [at least] twelve cubits wide, one may [merely] separate four cubits from the vines and sow the remainder.
If it was less than twelve cubits wide, he should not bring seeds [to sow] there. If he did, since he made a separation of four cubits [between the seeds and the vineyard, the produce] does not become hallowed. When does the above apply? In a large vineyard. [The laws of] "a forsaken portion," by contrast, do not apply with regard to a small vineyard. Instead, one may make a separation of four cubits from the end of the vines and sow until the fence. Similarly, if there are eight cubits or more between each row of a large vineyard, [the laws of] "a forsaken portion," do not apply.
If the fence surrounding the vineyard was less than ten handbreadths high or it was ten handbreadths high, but not four handbreadths wide, [the laws of] "a forsaken portion," do not apply. Instead, one should make a separation of four cubits from the base of the vines and sow until the barrier. Even if there are four and a half cubits between the vines and the barrier, he may sow the half cubit.
When a fence is ten handbreadths high or a trench is ten handbreadths and four handbreadths wide, it is permitted to plant a vineyard on one side and vegetables on the other side. Even if there is a barrier made of reeds [with spaces in between them], as long as there is less than three handbreadths between one reed and another, the fence is considered as separating between the vineyard and the vegetables.
[The following laws apply when] the fence separating between the vineyard and the vegetables is breached. If it is ten cubits or less, it is considered as an entrance and it is permitted. If the breach was more than ten [cubits], [it is] forbidden [to sow vegetables] opposite the open portion unless he moves the required measure away from the vines. [The following rules apply when] there are many breaches in the fence. If the [portions of the fence that remain] standing are equal to those that have been breached, it is permitted as if there was no breach. If the breached portions exceed those which remain standing, he should not sow in front of all those open spaces unless he separates in the appropriate manner.
When the partition of a vineyard is breached, [the court] tells [the owner]: "Close it." If he closed it and it was breached [again], [the court] tells him: "Close it." If he despairs and does not close it, [the produce] becomes hallowed.
When a building is partially covered by a roof and partially open and vines are planted on one side, it is permissible to plant vegetables on the other. [The rationale is that] we consider it as if the end of the roof descends and closes [the area] off and creates a barrier between them. If he completes the roof, it is forbidden [to plant two species].
When [the walls of] a small courtyard were breached entirely to a large courtyard and there were vines in the large courtyard, it is forbidden to sow [other produce] in the smaller one. If he sows there, that produce is forbidden and the vines are permitted. If there were vines in the smaller [courtyard], it is permitted to sow other produce in the larger one. [The rationale is] that since the larger [courtyard] has barriers on either side, it is considered as separate from the smaller one. The smaller one, by contrast, is not considered as separate from the larger one.
[The following laws apply when] a trench that is ten [handbreadths] deep and four [handbreadths] wide passes through a vineyard. If it passes from the beginning of the vineyard to the end, [since] it appears as [passing] between two [separate] vineyards, it is permitted to sow [other crops] in it, provided the vines do not become draped over it, as we explained. If it did not pass from side to side, it is considered as a vat in the midst of a vineyard, in which instance even if it is ten [handbreadths] deep and four handbreadths wide or more, it is forbidden to sow within it unless the empty portion is at least sixteen cubits wide.
A path between two vineyards resembles a vineyard that was devastated in its midst. If there are sixteen cubits between them, he may make a separation of four cubits on either side and sow in the remainder. If there was less than that between them, he should not bring seeds there.
[The following laws apply with regard to] a mound in a vineyard. If it is ten [handbreadths] high and four [handbreadths] wide, it is permitted to sow vegetables on its top as long as the branches of the vine do not touch it so that from above, there does not appear to be vegetables in the midst of the vineyard. When does the above apply? [When the mound] is rectangular. If, however, the mound is circular, there must be an empty space of four handbreadths in its midst so that it will be separated from the earth and there must be three handbreadths of earth on its top.
When there is a building in a vineyard, if it is three handbreadths or more by three handbreadths until four handbreadths, one may sow vegetables inside of it. If it is less than three handbreadths by three handbreadth, it is considered as closed and one should not sow [vegetables] within it.
When one vine is planted in a pit or in the midst of a trench, one must separate six handbreadths from it, [then] one may sow [other crops] in the remainder of the trench as one would do on flat ground. If the trench was ten handbreadths deep and there was a border on the edge of the trench with a top four handbreadths wide, it is forbidden to sow other crops inside of it even though one made a separation of six handbreadths.
Similarly, when there is one vine that is surrounded by a fence that is ten handbreadths high and four handbreadths wide, one should not sow [other produce] in the entire area set off by the barriers even though one makes a separation of six handbreadths. If one made a separation of six handbreadths and sowed, however, the produce is not hallowed. What is the initial and preferred size of the separation one should make? Four cubits on every side. Afterwards, he may sow [other produce] in the remainder of the trench or in the remainder of the area surrounded by a fence.
Chapter 8
Chapter 8
When vines grow in their natural manner with their branches and their clusters lying on the earth, [the place where they grow] is called a vineyard (kerem). When, however, a person creates something like a bed or a platform raised above the earth so that the clusters and the branches will be extended over it and he lifted up the foliage of the vines from the ground unto that trellis and draped them over it, it is called an aris. The branches and the like from which the trellis or platform was made and upon which the foliage of the vine is draped are called apiperot. Different laws apply to an aris.
When a person plants one row of five or more vines and drapes them over a wall that is ten handbreadths high or the like, or he planted them on the side of a trench that is ten [handbreadths] deep and four [handbreadths] wide, they are [also] classified as an aris. It is necessary to separate from an aris four cubits [before] sowing [other produce], similar to the separation [required in] a vineyard.
From where do we measure? From the base of the fence over which he draped them. What is implied? He made a separation of a cubit between the row of vines and the wall. Thus the aris is made from the vines and the wall, he should measure four cubits from the wall and sow. Thus there are five cubits between [the crops] sown and the base of the vines. If he seeks to sow on the side of the vines, he should separate four cubits from the base of the vines. Thus he is five cubits away from the wall. This is the pattern followed when dealing with any aris.
Whether one built the fence and then planted the vines or planted the vines and then built the fence, since he draped [the vines on the fence], it is considered as an aris. If the fence was destroyed or the trench filled, the aris ceases to exist and the entire row is considered as individual vines.
When an aris is destroyed in the middle and there remain five vines on one side of the fence and five vines on the other side of the fence opposite it, it is called "separate portions of an aris." If there are eight cubits and one sixtieth of a cubit between them, one must separate [only] six handbreadths between each row before sowing, provided he does not sow beneath the trellises as explained.
If there is exactly eight cubits between them, one should not bring seed there. If he did sow [other crops] there, since he separated six handbreadths [from each of the rows of vines], the produce is not hallowed. If there is no fence there, [all that is necessary is to] separate six handbreadths from each row and sow it. For there is no aris, nor the separated portions of an aris. If he went back and rebuilt the fence, the aris is considered to have been renewed or the separated portions of an aris to have been renewed.
[The following laws apply when there is] a small garden that is surrounded by a fence and one draped the vines [growing] around it on the outside on all of its walls. If [the garden] contains the space for a reaper and his basket to stand on one side and the space for a reaper and his basket to stand on the other side, one may sow vegetables in it, because it is surrounded with a fence. If it is not that large, one may not sow in it, because the entire area appears as one aris with vegetables in it.
[The following laws apply when] vines were planted on a terrace and their trellis extends and gives shade over a field. If one can stand on the earth and harvest the entire vine, we consider the entire area under the vine as if it was the base of the vines and forbid a radius of four cubits in the field on every side of the edge of the trellis. If he cannot reap [the grapes] unless he steps on a step or a ladder, it is forbidden only to sow under the trellis itself.
When there are two walls perpendicular to each other and vines are planted in the corner between them, the trellis extends outward from the corner and ends [in the midst of the area], one may separate the [required] measure from the base of the vines and sow in the place where the trellis ends and there is no aris. Although [the crops] were sowed between two walls between which there is an aris, since he separated the required measure, he may sow [other crops] between the walls.
[The following rule applies when] the trunk of a vine ascended above the ground, then became bent and extended along the earth, and then ascended like a knee. When we measure between the vine and other [crops] six handbreadths or four cubits, we measure only from the end of the portion that rises up and not from the base of the first vine.
We have already explained that although one makes the required separation between the [other crops] sown and the vine, it is necessary to be careful that the vine will not provide shade for the vegetables, nor may the vegetables provide shade for the vine. If one sowed vegetables or grain and they grew and afterwards draped a vine over them, the straw [of the crops] are permitted, but the grain must be burnt. If the roots of the vine emerged in the four cubits between the vineyard and grain, they must be uprooted. If the roots of the grain emerge within these four cubits, it is permitted.
All of the separations and required measures that are mentioned with regard to kilayim are measured in cubits that are six ample handbreadths. One should not be constricted in measuring [the forbidden] areas with regard to kilayim. For one should only constrict measurements when being stringent.
All of the measures in which separations are made between vines and grain or vegetables apply only in Eretz Yisrael or in Syria. But in the Diaspora, it is permitted to sow [other crops] at the side of vines in a vineyard at the outset. In the Diaspora, it was forbidden only to sow two types of vegetables or grain and grape seeds in one handful. If one tells a gentile child to sow [such a mixture] for him in the Diaspora, it is permitted. One should not, however, make such a statement to an adult, lest one also do so with a Jew.
Although it is permitted to sow vegetables at the side of a vineyard in the Diaspora, the vegetable that is sown there is forbidden to be eaten, even in the Diaspora. [This applies] provided one sees the owner harvest it and sell it. If, however, one is in doubt whether [the produce comes from there], it is permitted, as we explained in Hilchot Ma'achalot Assurot.
Chapter 9
Chapter 9
When a person causes a male to enter into relations with a female of a different species - whether a domesticated animal, a wild beast, a fowl, even different types of sea-animals - he is liable for lashes according to Scriptural Law. [This applies] in all places in Eretz Yisrael and in the Diaspora, as [Leviticus 19:19] states: "You shall not mate your animal with another species." [This applies] whether the animal, beast, or fowl belongs to him or to a colleague. He is not liable for lashes until he actually inserts one animal's organ into the others. If, however, he merely placed one on top of the other or encouraged them verbally, he is given stripes for rebellious conduct.
It is permitted to place two species of animals in one corral. If one sees them mating, he is not obligated to separate them. A Jew is forbidden to give his animal to a gentile to have him mate it with a forbidden species.
When a person transgressed and mated his animal with a mixed species, it is permitted to benefit from the offspring. If the mated species were both kosher, [the offspring] is permitted to be eaten, as stated in Hilchot Ma'achalot Assurot.
[Although] two types of animals or beasts resemble each other and one can impregnate the other, since they are two species, they are considered as mixed species and it is forbidden to mate them. What is implied? A wolf and a dog, a hunting dog and a fox, deer and goats, mountain goats and sheep, horses and mules, mules and donkeys, and donkeys and wild asses - although they resemble each other, they are considered as mixed species.
When a species has both a wild species and a domesticated species, e.g., a wild ox and an ox or a wild horse and a horse, it is permitted to mate them together, because they are one species. A duck and a wild duck, by contrast, are considered as mixed species with each other. [The reason is that] the domesticated duck has its testicles inside its body, while those of the wild duck are outside. This shows that they are different species. [Mating a] ko'i with a beast or a domesticated animal is considered as mating mixed species. One, however, is not liable for lashes, because [a ko'i's] status is one of doubt.
Offspring from mixed species whose mothers are from the same species may be mated. If [the mothers] are from two species, it is forbidden to mate them and one who mates them is liable for lashes. Similarly, if one mated the offspring [of such a union with an animal of any other species,] even of its mother's species, he is liable for lashes. What is implied? A male mule whose mother is a donkey may be mated with a female mule whose mother is a donkey. It is forbidden to mate it with [an animal of any other species,] even a donkey. It is, however, forbidden to mate a male mule whose mother is a horse with a female mule whose mother is a donkey. Similar laws apply in all analogous situations. Therefore a person who wants to mate a male and female mule or to have [a carriage] drawn by two mules, he should check their identifying signs: their ears, their tails, and their voices. If they resemble each other, it is clear that their mother is from the same species and [the above activities] are permitted.
Anyone who performs labor with two species of animals or wild beasts together when one of them is kosher and the other is not kosher is liable for lashes in all places, as [Deuteronomy 22:10] states: "Do not plow with an ox and a donkey together." Whether one plows, seeds, has them pull a wagon, or a stone, or led them together even with his voice [alone], he is liable for lashes. This is derived from the term "together." If, however, one [merely] yokes them [to a wagon], he is exempt unless he pulls them or leads them.
[The prohibition involves not only] an ox and a donkey, [but also] all other different species when one is non-kosher and the other, kosher, whether a domesticated animal with another domesticated animal, e.g., a pig and a lamb, or a beast together with a beast, e.g., a wild deer and an elephant, or a beast with a domesticated animal, e.g., a dog with a goat, or a deer with a pig or the like. For all of the above [types of combinations], one is liable for lashes according to Scriptural Law, for a beast is considered as an animal, as we explained in Hilchot Ma'achalot Assurot. According to Rabbinic Law, however, whenever it is forbidden to mate two species, it is also forbidden to plow with them together, to pull them, or to lead them. If one performs labor with [two such species] together, pulled them, or led them, he is liable for stripes for rebellious conduct. It is forbidden to lead an animal from dry land together with a sea-animal, e.g., a goat with a large fish. If one did so, he is exempt.
When a wagon is being drawn by mixed species, one who sits in the wagon is liable for lashes. Even though he did not lead them, [he is liable,] because sitting there causes the animal to pull the wagon. Similarly, if one person was sitting in a wagon and another leading the animals, they are both liable for lashes. Even 100 people who lead a team of mixed species are liable for lashes.
It is permitted to perform a task with a human and an animal together or with a beast, e.g., a person can plow with an ox or pull a wagon with a donkey, or the like. [This is derived from the phrase:] "an ox and a donkey together," i.e., not a man and a donkey and not a man and an ox.
When an animal has been sanctified but disqualified [and then redeemed] even though it is one animal, the Torah considers it as two bodies. For it is consecrated and it is as if it is both a consecrated and an ordinary animal mixed as one. Thus this animal is like a non-kosher animal and a kosher animal mixed together and [Leviticus 27:11] states: "If any impure animal that may not be offered as a sacrifice." According to the Oral Tradition, [the verse] was interpreted as referring to animals that had been sanctified, but disqualified. Accordingly, a person who plows with an ox that had been sanctified but disqualified or mates such an ox is liable for lashes because of the prohibition against mixed species. This prohibition is part of the received tradition.
Chapter 10
Chapter 10
The only prohibition regarding diverse species of clothing is solely [the combination of] wool and linen, as it is written, (Deuteronomy 22:11) "Do not wear shatnez, wool and linen together." There are seaside cities which have something similar to wool, which grows on the rocks in the Mediterranean Sea with the form of gold, and it is very soft, called "Kalalakh" (cissaros-blossoms). [This is] forbidden together with linen for the reason of bad appearances, since it looks similar to sheep's wool. Likewise, silk and cissaros-blossoms are prohibited because of bad appearances.
When a ewe is born to a she-goat, one is not liable for [mixing] its wool [with linen]. It is, however, forbidden according to Rabbinic decree, because of the impression it creates. If wool and linen are connected in any manner, they are considered mixed fabrics according to Scriptural Law. What is implied? When wool and linen were mixed together, combed together, and made into a smooth mass, they are considered as mixed fabrics. If they were mixed and combed as one and then a garment was woven from this combed fabric, they are considered mixed fabrics.
If one sewed woolen fabric to linen - even if he sewed them with silk, sewed a woolen garment with linen thread, or a linen garment with woolen thread, one tied woolen threads with linen threads or braided them together, or even if one placed wool and linen together in a sack or a basket and wound them, they are considered as mixed fabrics. Even if one tied a braid of wool to a braid of linen, even if there is a strap of leather in between, they are considered mixed fabrics. [This law also applies] if one folded over woolen and linen fabric and tied them together. [The rationale is that the prooftext states:] "Wool and linen together." Since they are combined - regardless of how - they are forbidden.
What is the source that teaches that all these prohibitions are Scriptural in origin? [We derive this from the fact that] the Torah had to explicitly state that kilayim are permitted in tzitzit. As we learned according to the Oral Tradition, the passage concerning kilayim was positioned next to the passage concerning tzitzit solely to teach that kilayim are permitted in tzitzit. Now the tzitzit are strands that are tied together. Thus it can be derived that a connection of this type in a situation that does not involve a mitzvah is forbidden according to Scriptural Law. For the Torah would not exclude something that is forbidden only according to Rabbinic Law.
There is no minimum measure for kilayim. Even the smallest thread of wool in a large linen garment or a thread of linen in a woolen garment is forbidden.
[The following laws apply when] one mixed the wool of ewes with the wool of camels and the like and made thread from them. If half [of the mixture] is from the ewes, it is considered as kilayim with flax. If, however, the majority is from the camels, it is permitted to mix them with flax, because the form of the entire mixture is that of camel wool. We do not pay attention to the strands of wool that are mixed with them, for they are not threads of wool.
Therefore when sheep hides are used to make garments, they are permitted even though they are sewed with flax. We are not concerned with the strands of wool - even though they become entwined with the linen threads used to sew it, because the wool is insignificant because of the minute amount that is there.
Similar [laws apply when] hemp and linen were mixed with each other. If the majority is hemp, it is permitted to weave these threads with woolen threads. If they are half and half, it is forbidden.
If a person makes a garment entirely out of camel's wool, rabbit wool, or hemp and weaves one thread of [sheep's] wool on one side and one thread of linen on the other side, it is forbidden as kilayim.
When a woolen garment becomes torn, it is permitted to join it together with threads of linen and tie them, but one may not sew them.
A person may wear woolen garments and linen garments and tie a belt around them from the outside, provided he does not wind together cords [of each fabric] and tie them between his shoulders.
It is permitted to make mixed fabrics and sell them. It is forbidden only to wear them or cover oneself with them. [This is derived from] the verses [Deuteronomy 22:11]: "Do not wear sha'atnez" and [Leviticus 19:19: "A garment that is of mixed fabrics, sha'atnez] shall not come upon you." [The association of the verses implies] that to be forbidden, [a garment must] "come upon [you]" as one wears it. If, however, it comes upon one not in a manner of wearing, i.e., a tent that is kilayim, it is permitted to sit under it. Similarly, it is permitted according to Scriptural Law to sit on spreads that are made of kilayim. For "Shall not come upon you" [implies], that you may spread it under you. According to Rabbinic decree, however, even if there are ten spreads one on top of the other and the bottom one is kilayim, it is forbidden to sit on the top one, lest a strand [of kilayim] becomes wound around one's flesh.
When does the above apply? With regard to [spreads made from] soft [fabrics], e.g., curtains and sheets. With regard to [those made from] firm [fabrics] that will not become wound [upon a person's body], e.g., pillows and cushions, it is permitted to sit or lie upon them, provided one's flesh does not touch them.
Similar [laws apply when] a drape is made from kilayim. If it is soft, it is forbidden lest a servant lean against it and it become draped around his body. If it was firm and would not be draped, it is permitted.
It is permissible to wear slippers from kilayim that do not have a heel. [The rationale is that] the skin of the foot is tough and does not derive satisfaction as does the skin of the other [portions] of his body.
Seamtresses sewing garments may sew [kilayim] in their ordinary manner, provided they do not intend [to benefit from them, using them as a shield] against the sun in the summer and the rain in the rainy season. The meticulous sew [with the garment lying] on the earth. Similarly, people who sell garments may sell them in the ordinary manner, as long as they do not have the intent that the kilayim on their shoulders will protect them from the heat in the summer and warm them in the rainy season. The meticulous [hang the clothes on] a pole extended over their backs.
A person should not pick up a hot egg with a cloth that is kilayim for he is [then] benefiting from the mixed fabrics as protection from the heat or from the cold. Similar laws apply in all analogous situations.
A person should not wear kilayim [even] temporarily and even on top of ten other garments in which instance, he is not deriving benefit from [the mixed fabrics]. This is forbidden even to deceive customs inspectors. If one wears them for such a purpose, he is liable for lashes.
The prohibition against [wearing] kilayim applies only to garments that [are worn] to provide warmth, e.g., a long shirt, a hat, pants, a belt, a dress, knee pants, gloves, or the like. However, small belts that people make with their pockets prepared to hold money, spices, or the like are permitted [despite the fact they contain kilayim] even though one's flesh touches them, because this is not the ordinary way in which one warms himself. [The same principles apply with regard to] a rag on which one places a bandage, poultice, dressing, or the like.
A forehead piece of leather, silk or the like to which are attached strands of wool and strands of leather that hang over a persons face to chase away flies are not [forbidden] as kilayim, because this is not the manner through which a person derives warmth.
It is permitted for a person who is leading animals to hold the leashes attached to them in his hand even though some of them are linen and some of them are wool. [He may] even wind them around his hand. If, however, he ties them all [together], they are considered as kilayim and it is forbidden for him to bind them around his hand.
Towels used to clean hands, cloths used to wipe down utensils and land, mantles for Torah scrolls, and a barber's cloth are all forbidden [to be made from] kilayim. [The rationale is that one's] hands touch them and they always become wound around the hands and warm them.
[The following law applies to] tickets that launderers and weavers make for clothes so that each person could identify his own. If the ticket was of wool on a linen garment or a linen ticket on a woolen garment, it is forbidden even though it is not significant for him.
When a person joined a woolen cloth to a linen cloth with one thrust [of the needle and thread], they are not considered as having been joined together and they are not considered as kilayim. If he gathered the two heads of the thread [and tied them] together or [joined the cloths with] two thrusts [of the needle and thread], they are considered as kilayim.
It is permitted to make shrouds for the deceased from kilayim, for the deceased are not obligated in any mitzvot. [Kilayim] may be used as a saddle-blanket for a donkey and one may sit on it, provided his flesh is not touching it. He should not place this saddle-blanket on his shoulder even to take out the compost.
It is permissible to carry a corpse or an animal that is dressed in kilayim on one's shoulders.
When a thread of linen becomes lost within a woolen garment or a thread of wool becomes lost within a linen garment, the garment should not be sold to a gentile lest the gentile sell it to a Jew. Nor should he make it a saddle-blanket for a donkey, lest another person find it and tear it off the saddle-blanket and wear it, because the kilayim are not discernable within it. What can be done to correct the situation regarding this garment? It should be dyed. Because wool and linen will not dye in the same manner. Thus [the lost thread] will become recognizable and then he should remove it. If it is not recognizable [after the dying], it is permitted [to use the garment], for perhaps [the lost thread] fell off. After all, he checked and did not find it. As we explained already in the laws of forbidden intimate relations, any prohibition arising from a doubt is of Rabbinical origin. Therefore, [our Sages] were lenient because of the doubt.
When a person purchases woolen garments from gentiles, he must check them very carefully, lest they be sewn with linen thread.
When a person sees kilayim that are forbidden by Scriptural Law on his friend - even if the latter is walking in the market place - he should jump up and rip it off him immediately. [This applies] even to his teacher from whom he has learned wisdom. For [the obligation to] honor people at large does not supercede a negative prohibition in the Torah. Why is such [a prohibition] superceded with regard to returning a lost object? Because the prohibition involves financial matters. Why is [a prohibition] superceded with regard to the ritual impurity associated with a corpse? Because Scripture made an exclusion regarding his sister.According to the Oral Tradition, it was taught: For his sister, he may not become impure, but he may become impure for a corpse that it is a mitzvah to bury. If, however, a prohibition is Rabbinic in origin, it is superceded by the consideration of a person's honor in all situations. Although the Torah states [Deuteronomy 17:11]: "Do not deviate from any of the statements they relate to you," this prohibition is superceded by considerations of a person's honor. Accordingly, if [another person] has upon him sha'atnez that is forbidden according to Rabbinical law, one may not rip it off him in the marketplace, nor must [the person himself] remove it in the marketplace until he reaches home. If [the sha'atnez was forbidden] according to Scriptural Law, he must remove it immediately.
A person who wears kilayim or covers himself with them is liable for lashes. If he was wearing kilayim the entire day, he is liable only for one set of lashes. If he repeatedly stuck his head in and out of the garment - even though he did not take off the entire garment, he is liable for each time [he stuck his head out]. When is he liable for only one set of lashes? When he received one warning. If, however, they warned him and told him: "Take it off, take it off," and he continued to wear it and remained wearing for the amount of time necessary to remove it and put it on after they warned him, he is liable [for lashes] for each interval that he waited, for he was warned regarding it and, nevertheless, did not remove [the forbidden garment].
[The following laws apply when] a person dresses a colleague in kilayim. If the wearer acted consciously, he is liable for lashes and the person who dressed him is liable for "plac[ing] a stumbling block before the blind." If the person wearing the garment did not know that it was kilayim and the person who dressed him acted willfully, that person is liable for lashes and the wearer is exempt.
When priests wear their priestly garments when they are not performing service even though they are in the Temple, they are liable for lashes because the sash contains kilayim and license to wear it was granted only while performing service, for that is a positive commandment like tzitzit.
