After the Torah introduces the prohibition against planting grain together with grapes, it warns, “Pen Tikdash Ha’mele’a Ha’zera Asher Tizra” (Debarim 22:9) – meaning, that the product of this combination will have the status of “Tikdash.” The Sages understood this word as representing the phrase “Tukad Esh” – “it shall be burned by fire”; that is to say, it is forbidden for any sort of benefit and must be destroyed. The word “Pen” (“lest”) signifies a Misvat Lo Ta’aseh (Biblical prohibition), and thus the Torah here introduces a prohibition against deriving any kind of benefit from Kil’eh Ha’kerem – the produce of a vineyard in which grain has been planted.
In explaining the reason behind this prohibition, the Sefer Ha’hinuch elaborates at great length on the dangers of wine. Drinking wine, he writes, is the root cause of many negative behaviors, as it empowers the Yeser Ha’ra (evil inclination), while weakening the Yeser Ha’tob (inclination toward goodness). People who indulge in wine end up sleeping – both physically and spiritually, because it dulls the senses and causes people to act mindlessly, on impulse, without thinking about what they are doing. Indeed, for this reason, the Gemara comments that a Nazir, who vows to abstain from wine for a period of time, is called “Kadosh” (sacred). The Sefer Ha’hinuch explains that although the Torah did not go so far as to forbid wine, it sought to alert us to the dangers of wine by forbidding all benefit from grapes that were produced through forbidden means. Since wine to begin with poses danger, the Torah commands destroying grapes which were planted in a prohibited manner. This strict prohibition against deriving benefit from Kil’eh Ha’kerem shows us how careful we must be with regard to the consumption of permissible wine, and, by extension, with regard to all matters which can be addictive and can lead a person to sin.
This prohibition applies both to grapes which were planted together with grain, and also in a case of one who sees grain growing in his vineyard and fails to immediately uproot the grain.
This command is applicable only to produce which one owns. It thus does not apply during a Shemita year, when all agricultural lands become ownerless.
The Mishna states that a “vineyard” with respect to this Halacha is a group of five vines. Different views exist among the Rishonim as to how the vines must be arranged for this prohibition to apply.
This command is binding upon both men and women. On the level of Torah law, this prohibition applies only in Eretz Yisrael. The Sefer Ha’hinuch appears to follow the opinion that it applies even outside the land, by force of Rabbinic enactment. One who derives benefit from Kil’eh Ha’kerem is liable to Malkut.
Normally, one who derives benefit from forbidden food receives Malkut only if he used the food “Ke’derech Hana’ato” – in a usual manner. If, for example, one ate the food together with a foul-tasting substance, or when he was already full, such that he derived no actual enjoyment from the food, then he is not liable to punishment. In the case of benefitting from Kil’eh Ha’kerem, however, one is liable even in these cases, when he derives benefit from the forbidden produce in an unusual manner. This prohibition is unique in that the Torah does not directly command not to eat this produce (such as by stating, “Lo Tochelu” – “You shall not eat”), but rather declares it forbidden with the expression “Pen Tikdash.” Therefore, any form of benefit violates this prohibition, even an unusual form of benefit.
Although few of us have vineyards, this Misva, as understood by the Sefer Ha’hinuch, is very relevant to each and every one of us, as it reminds us of the need for reasonable safeguards, to distance ourselves from potential spiritual pitfalls, and exercise caution when it comes to matters that can easily lure us to improper behavior.