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Are fruit trees used to demarcate the border between properties considered to be in peot hasadeh (corners of the field, see Vayikra 19:9 and 23:22, Masechet Peah)?

If they are considered to be peot hasadeh, their fruits would be free to take (assuming that all other applicable agricultural halachot are followed). However, if they are not of the peot, then it might be considered theft to take the fruit.

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Peah has to be designated by the owner. It also doesn't have to be in the corner of the field, but it does have to be at the end of the owner's harvest. (Peah 1:3)

Also, even if it is designated, you can only take it if you're poor (this is in the pesukim you quoted, Peah 8:8 gives the criteria to be poor).

Peah also only applies to a few kinds of trees (Peah 1:5). For example figs and apples are excluded.

  • That'd be Rambam Matenot Aniyim 2:12-14 – Double AA Aug 11 '17 at 17:34
  • Peah does apply in Israel and the diaspora currently. If no one shows up to take it then the owner of the field can reclaim it, just like always, and if a poor person does show up then they get to take it, just like always. Most poor people nowadays don't have time to go hang out near fields for weeks to get some raw wheat. I've heard that in some places in Israel poor people send messengers (ie. Tzedaka organizations) to go collect it. – Double AA Aug 11 '17 at 17:52
  • @DoubleAA you've been skeptical of the same point before judaism.stackexchange.com/questions/8946/…, but they do quote the Chazon Ish to that effect. I don't have it with me. It's also possible that society has changed in the last 80 years and what he said is no longer true. – Heshy Aug 11 '17 at 18:00
  • ברוך שכוונתי :) More likely is since 99.99% of cases involve no one showing up, Artscroll misrepresented the position. Just because it basically never happens doesn't mean it couldn't happen if a poor person decided he wanted to camp out near your field. – Double AA Aug 11 '17 at 18:03
  • @DoubleAA side point but how do they send a shaliach? Rambam matnot aniyim 2:19 paskens not like R' Eliezer in Peah 4:9. – Heshy Aug 11 '17 at 18:19

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