When the rain has already stopped? Masechet Shevi'it. We are in Perek Gimel (Chapter Three), and we are up to Mishnah Zayin (seven): Avanim she-ze'azatan ha-machareisha (stones that were loosened by the plow). We learned about stones in the field. One has to be careful when taking stones out of a field during Shemitah (seventh year), because it looks like you are preparing the field for plowing, and you cannot plow during Shemitah. But there are certain rules under which it is clear that you are not doing it to cultivate the field.
Here we have stones that were loosened by the plow. I guess he plowed during the sixth year, and these stones were already loose. But the Rav says, “Even they weren't loose yet.” They are going to be loosened by the plow. That means they are, I guess, above the ground enough that, when the plow goes over them, it will cause the stones to become loose. So we treat them as if they are already loose. The Mishnah says that the din (the law) is this: if the stones were covered and became uncovered, which means the dirt moved away from them and they were revealed, then, if they are big enough that it takes two people to carry each rock, you may take not only these big stones but all the stones, even the smaller ones nearby. You may take the two large stones because it is clear that they are for construction purposes. It is obvious that you are taking them for the stones, not for the field. And since these stones were already loose, they can become loose, so they allow you to take the smaller stones as well. The Rav says that this means you can take the smaller stones agav (along with) the bigger stones.
So that is the law we see. I’m reading it again: stones that were loosened by the plow, or potentially can be loosened by the plow, or stones that were covered with earth and then uncovered by the plow. If there are two stones there big enough to be carried by two people, then you are allowed to take them, and you are allowed to take the other stones as well. The two large stones are of a size used in construction, so we assume that at least these stones are being taken for that purpose rather than to clear the field. Removing any of the stones, even the small ones, will be easier after the plow goes over them again in the eighth year and loosens or uncovers them completely. Thus, the fact that he is removing them now, despite the extra effort involved, indicates that he needs them for construction. If he had waited, it would be much easier to take them out of the ground next year. The fact that he is taking them out of the ground now shows that he must be doing it because he needs the stones.
Furthermore, the Mishnah says that in this case the person is clearing his field of stones. There are basically layers of stones on the field, and he wants to get rid of them. The Mishnah says you are only allowed to take the top layer; you have to leave the layer that is touching the ground. You cannot expose the ground, because once you do, people will think you are doing it in order to plant. By leaving an unplantable surface on the ground, people will know that is not your intention. If you look at the Rav, the Mishnah says that he is removing the stones from the field, getting rid of the rocks. He is clearly not fixing the field, because you cannot plant on stones. Therefore, he is removing the layers of stones. If you have a pile of small pebbles or, for that matter, a heap of stones, the same rule applies: you take the top layer and leave the layer that is touching the ground.
But let’s say there is a layer of rock or straw underneath them. Then you can go all the way to the bottom, because the bottom layer is rock, and you cannot plant on rock; or the bottom layer is straw, and you cannot plant on straw. If you look at the Bartenura, he says that if there is a layer of rock or straw underneath them, you cannot fix it if there is rock or straw, because there is no place for the soil. Again, the place is not fit for planting.
Now we go to Mishnah Chet (eight). We have a situation where they had features called ge'ayot (ravines). What are ge'ayot? They are basically cisterns that they used to build in order to catch water during the rainy season. They call them ravines. Then they would empty out the ravines and use the water. So the question is: are you allowed to build steps to go down into these ravines? The Mishnah says you cannot build steps to the ravines in the sixth year once the rainy season is over. Once the rainy season is over, why are you building steps to this place? It is the sixth year; there is no more rain. So it clearly looks like you are preparing it for the seventh year, and you cannot prepare the ravine for the seventh year, because you cannot—why are you building a field during the seventh year? Why are you building steps to this place when the rainy season is over? It looks like you are preparing it for the seventh year. But in the seventh year, once the rainy season is over, you are allowed to build the steps because you are preparing it for the eighth year. That is okay because you are preparing it for the eighth year.
Here we are talking about a ravine that you want to fortify. Maybe there are leaks, let’s say, and you want to fortify it after the rainy season during Shemitah. You want to make the dam watertight. Why can’t you make the dam watertight after the rainy season of Shemitah? Because by making it watertight, you are preserving some of the water that is still in it. People are going to think that you can use that little water now, and therefore you are not allowed to use it during Shemitah. But you are allowed to build a barrier of stones without water, which means you can put in a temporary block. You cannot do it in a permanent way. Let’s read the Bartenura on this. If he is trying to block the place where the water is going out with stones, he cannot use water between the stones, because it clearly looks like he is fixing the ravine in a permanent way in order to water his fields now. He can just put a brick, a pile of stones, without putting in the water. And that’s that.
Finally, the Mishnah says that we learned that you are not allowed to take stones from your field during the Shemitah year under certain conditions, because it looks like you are preparing the ground for planting. However, let’s say you want to fix this ravine. We said you could fix the ravine without water, but you need rocks to block it. The law is that if you can stand at the ravine and reach a rock at arm’s length without having to move, it is clear that you are taking that rock to fix the ravine. Nobody is going to think you are taking the rock in order to plant on the ground. You can take any rocks within arm’s reach without having to move, without any concern. If you look at the Bartenura, it says that even a small rock—which normally, as we said, you cannot take, because you do not usually use small rocks for construction—can be used if, when you are building this fence or a building, or doing any construction, the rock is so close to the construction that you do not have to move to get it. If it is at arm’s length, then you can use it, because everybody will know you are using it for construction. It is clear. You see the fence in front of you, so everybody knows what you are using it for. That is a very important condition for all the restrictions we mentioned above about taking small stones and leaving the ground exposed. But if it is so close to the structure you are building that it is obvious why you are taking the stone—in the case we mentioned above, it is far away, so they do not know you are going to build something. They might think you are just picking up the stone in order to fertilize the plant on the ground. But if you are so close to the situation where you are just... it is going to be permissible.