The case we’re talking about now is a Ba'al HaBayit, a rich man, who was traveling. As a result of the time he spent traveling, he didn’t have any money, so he had a din—a status of a poor man. Therefore, he was eligible to collect Leket (gleanings), shikchah (forgotten sheaves), and pe'ah (field corner). So he did. The Mishnah says yitol (he may take). However, when he gets home and has access to his money, the Tana Kamma (first tanna), who is Rabbi Eliezer, says he has to pay back the aniyim (poor people). Whatever he took, he has to go back to that town and give money to the charity so they can divide it among the aniyim. The Chachamim (Sages) say, no, he was a poor man at that time. Therefore, since he qualified for Leket, shikchah, and pe'ah, he doesn’t have to reimburse the aniyim later on. He took what he was eligible for, and that’s it. The Halakha (Jewish law) clearly follows the Chachamim.
The Mishnah is this: The aniyim is not allowed. The aniyim is not allowed. Case number one. The Ba'al HaBayit, the owner of the field, is trading his product with the charity: the Leket, shikchah, and pe'ah of the ani (poor person). So the ani got his Leket, shikchah, and pe'ah, and they want to make a switch. It sounds like there are too many problems. But there is a problem, because the Leket, shikchah, and pe'ah that the ani got is patur from ma'aser. No taxes on that. It’s tax-free stuff. So if he’s going to give it back to the Ba'al HaBayit, the Ba'al HaBayit doesn’t have to pay taxes on it either, because once it’s exempt, it’s exempt. And that’s what it means when it says in the Mishnah, b'shelo patur. When he gets back, he’s going to be exempt. However, b'shel aniyim, when he gives it to the ani in exchange, he must take ma'aser before he gives it, because he cannot give them a regular product that they’re going to have to take ma'aser on; then it’s not a fair exchange. They were supposed to get Leket, shikchah, and pe'ah, which are free from ma'aser. Now they’re getting a taxable item. Therefore, the halacha says that before he gives it over to them, he must take the ma'aser, and then he gives it to them in a fair exchange.
Now we’re talking about two people who are working a field as sharecroppers. The rule is that if you’re a sharecropper, you’re considered a part owner. And the rule is that if the owner of a field is an ani, he does not qualify for the Leket, shikchah, and pe'ah of that field. So these are sharecroppers, and the din is that they cannot take Leket, shikchah, and pe'ah. Now, they are obligated, however, to give tithes. One of the tithes they have to give is ma'aser ani (poor person’s tithe). Since both of the arisin, both of the sharecroppers, are poor, they could swap ma'aser ani with each other. That’s a way they could end up saving that 10% by giving it to each other.
Now we get to the final case. You have a sharecropper who agreed to cut his friend’s field. Well, if he becomes a part owner, as we said most sharecroppers do, he’s forbidden to take Leket, shikchah, and pe'ah, even though he’s an ani. And the rule is again based on the Bartenura Torah, the Torah’s a pasuk (verse). The pasuk says—now, normally, we read this pasuk as lo telaket: You’re not allowed to take the Leket; leave it for the aniyim. But the way we’re learning today is that an ani who owns the field cannot collect. Therefore, if he’s a sharecropper who has an owner and has a stake in the field, clearly he cannot collect. He cannot take the Leket, shikchah, and pe'ah. The Mishnah is going to explain the case. The case is when he actually has a percentage—a half, a third, or a quarter of the field—meaning at the time of the reaping. Since the time of the reaping is when these chiyuvim (obligations) actually come, and even with shikchah the Torah says liktzor (to reap), it goes according to the time of the reaping. Therefore, since he was an owner, he won’t qualify for these entitlements. But if he said that you’re not going to become a partner or take a percentage until after it’s cut, that means that at the time it was cut, it belonged to the Ba'al HaBayit. Therefore, he was an ani, and he wasn’t an owner at that time. So he can take the Leket, shikchah, and pe'ah left from that field. Now he’ll take his portion. When he takes his portion, of course, he cannot keep the ma'aser ani from his portion. Therefore, he would have to give 10% to another ani. So that’s right: he was given 33% of the product after it was cut. That is clearly obligated in ma'aser ani. Again, he could keep the Leket, shikchah, and pe'ah of that part of the field, no problem, because he didn’t own it at the time of the cutting. So he could keep the Leket, shikchah, and pe'ah. But the fact that he’s keeping the 33%, which is his, means that it’s chayav (obligated) in ma'aser ani, and he can’t keep it for himself. Even though he is an ani, he has to give it to somebody else, to a different ani. So that would be the case. The basic rule here is: who owned it at the time of the ketzira (reaping)? If it’s owned by the Ba'al HaBayit, then the ani is able to take Leket, shikchah, and pe'ah. But if the deal was already that the sharecropper was part of the split from the time of the harvesting, then he’s already a partner in the field from the harvest. So he’s harvesting his own field, and therefore he does not qualify for Leket, shikchah, and pe'ah.