To not eat forbidden mixtures of the vineyard: That we are forbidden from eating forbidden mixtures of the vineyard only. And we have already explained in the previous commandment what forbidden mixtures of the vineyard are. And about this is it stated (Deuteronomy 22:9), “lest it be set aside (tikdash), the crop, the seed that you planted and the produce of the vineyard.” And they, may their memory be blessed, explained (Kiddushin 56b), “Lest it be incinerated by fire (tukad esh),” which is to say that it is not fitting that there be a purpose [from it], as it should all be forbidden in benefit. And the proof that there is a negative commandment in it, is that it is written in its prevention, “lest (pen).” And they, may their memory be blessed, said (Eruvin 96a) that in every place that it states, “guard yourself,” “lest,” and “do not” (hishamer, pen ve-al), it is certainly a negative commandment.
From the roots of the commandment, [there is a need to] preface: The matter is known that in all of the commandments of the Torah, God distances us from a thing according to [the degree] of the stumbling found in it. And there is no doubt that the planting of a vineyard is the cause of wine, which [brings] several stumbling blocks to people. From its desire have many casualties fallen, since [wine] stimulates the “impulse of the heart of man which is evil,” and it pushes off the good impulse. And all of its counsel is, “Eat, drink and lay down to fall asleep.” And [it is] like the matter that is written (Habakuk 2:8), “And surely the one that wine betrays,” and the one who separates from it is called holy. And nonetheless God, may He be blessed, allowed it to us because of its slight purpose for bodies that is found in its slight [consumption]. And since it is only permitted for a great need, the verse obligated us that if also the start of its planting or its seeding will be in such a way that there is an angle of iniquity and sin in it, that we not keep it and that we should not benefit from it at all, but [rather] that it should all be burnt and destroyed from the world. Are all of the stumbling blocks that come out from it after the end of its ripening not enough for us? [Hence,] it is not good for also its beginning to be in sin, but [rather] all of it should be incinerated — the fruit and the chaff and the wood and everything that is in it.
From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Kilayim 5:5), “Whether one plants, or whether one keeps a forbidden mixture in his vineyard” — meaning to say that he saw that a forbidden mixture grew in his vineyard and he left it there — “it has become set aside,” meaning it became obligated to be burnt. And that is when they were standing in the vineyard by his will, once he knew about them, in the measure that they increased one two-hundredth from what they were at the time that he knew about them. As they, may their memory be blessed, said (Pesachim 25a), “[If] it is planted from its start, with the taking root; [if] it has already been planted and increased, with the [further] increase.” And, they, may their memory be blessed, explained from the tradition that this increase is one two-hundredth. And that which we say that they have not become set aside unless he wants their existence is because it is written about them, “which you have planted” — meaning to say, according to his will. And the explanation for this thing is elucidated in the root of forbidden mixtures on interbreeding and of witchcraft that I have written in their place in the Order of Kedoshim (Sefer HaChinukh 244) and Mishpatim (Sefer HaChinukh 62). And this is what they, may their memory be blessed, said (Bava Kamma 100a), “[If the] partition of the vineyard is breached (such that a forbidden mixture is created), we say to him, ‘Fix [it].’” [This] means to say that even though it increased one two-hundredth while he was still attempting to make the fence, it did not become set aside; since it did not become breached, and it did not stay breached, according to his will. And so [too] they, may their memory be blessed, said that one who suspends his grapevine over the produce of his fellow, behold, this one set aside his grapevine, but the produce did not become set aside. (See Mishneh Torah, Diverse Species 5:8.) And for this reason, they also said that — since a person cannot set aside something that is not his — this prohibition is only [operative] by the will of the owners. And because of this, they also said that one who suspends the grapevine of his fellow over the produce of his fellow, did not set aside any one of them. And for this reason, one who plants his vineyard on the seventh year did not set it aside, since in the seventh year the land is ownerless to everyone. (See Mishneh Torah, Diverse Species 5:8.) And they, may their memory be blessed, said (Mishnah Kilayim 5:5) that one who plants vegetables or produce in a vineyard or leaves it until it increased one two-hundredth, behold, he has set aside (forbidden) from the grapevines surrounding it sixteen ells in every direction. And one who comes to plant vegetables or produce next to a vineyard must distance it four ells from it. And five vines are called a vineyard; and this is when they are planted in this order: Two across from two and one sticking out as a tail. And they said that we distance produce and vegetables three handbreadths from a single grapevine in every direction, because the grapevine is soft and the roots of the produce go into it and there is in this a prohibition of [forbidden] grafting. But with other trees which are hard, this concern is not there and one does not need to distance [other plantings] from them at all. And the rest of the details of this commandment are explained in Tractate Kilayim.
And this prohibition not to derive benefit from forbidden mixtures from the vineyard is practiced in the Land of Israel from Torah writ, and outside of the Land rabbinically. And there are those that say that outside the Land — even though the prohibition of planting is practiced there — the prohibition of benefit is only specifically with the forbidden mixtures of the vineyard of the Land of Israel, but their words need support. And the one that transgresses this, and eats or derives benefit from a forbidden mixture of the vineyard of the Land of Israel, is liable for lashes. And even one who eats it not in the way of its enjoyment — meaning to say, he did not derive enjoyment from eating it — is obligated by it and is lashed; which is not the case with all other prohibitions in the Torah, in which we only give lashes for them [if they are consumed] according to the way of their enjoyment — meaning to say that the person derives enjoyment from them. [This is] as Abbaye says in the second chapter of Pesachim 24b, “Everyone concedes about forbidden mixtures of the vineyard that we lash for them even not in the ways of their enjoyment. What is the explanation? Since it is not written about them, ‘eating.’” As it is written, “lest it be set aside (tikdash)” — and they, may their memory be blessed, expounded (Kiddushin 56b), “Lest it be incinerated by fire (tukad esh).” And outside of the Land, one who eats or derives benefit from them transgresses a rabbinic prohibition, according to some of the commentators, as we said.
שֶׁלֹּא לֶאֱכֹל כִּלְאֵי הַכֶּרֶם – שֶׁנִּמְנַעְנוּ מִלֶּאֱכֹל כִּלְאֵי הַכֶּרֶם לְבַד, וּכְבָר פֵּרַשְׁנוּ בַּמִּצְוָה הַקּוֹדֶמֶת, מַהוּ כִּלְאֵי הַכֶּרֶם, וְעַל זֶה נֶאֱמַר (דברים כב ט) פֶּן תִּקְדַּשׁ הַמְלֵאָה הַזֶּרַע אֲשֶׁר תִּזְרָע וּתְבוּאַת הַכָּרֶם, וּפֵרְשׁוּ זִכְרוֹנָם לִבְרָכָה (קדושין נו, ב) פֶּן תּוּקַד אֵשׁ, כְּלוֹמַר, שֶׁאֵין רָאוּי לִהְיוֹת תּוֹעֶלֶת, שֶׁהַכֹּל אָסוּר בַּהֲנָאָה. וְהָרְאָיָה שֶׁיֵּשׁ בָּזֶה לָאו, שֶׁכָּתוּב בַּמְּנִיעָה "פֶּן" וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (עירובין צו, א), שֶׁכָּל מָקוֹם שֶׁנֶּאֱמַר הִשָּׁמֶר, פֶּן, וְאַל, אֵינוֹ אֶלָּא לֹא תַעֲשֶׂה.
To not eat forbidden mixtures of the vineyard: That we are forbidden from eating forbidden mixtures of the vineyard only. And we have already explained in the previous commandment what forbidden mixtures of the vineyard are. And about this is it stated (Deuteronomy 22:9), “lest it be set aside (tikdash), the crop, the seed that you planted and the produce of the vineyard.” And they, may their memory be blessed, explained (Kiddushin 56b), “Lest it be incinerated by fire (tukad esh),” which is to say that it is not fitting that there be a purpose [from it], as it should all be forbidden in benefit. And the proof that there is a negative commandment in it, is that it is written in its prevention, “lest (pen).” And they, may their memory be blessed, said (Eruvin 96a) that in every place that it states, “guard yourself,” “lest,” and “do not” (hishamer, pen ve-al), it is certainly a negative commandment.
מִשָּׁרְשֵׁי הַמִּצְוָה. הַקְדָּמָה, יָדוּעַ הַדָּבָר בְּכָל מִצְוֹת הַתּוֹרָה, כִּי כָּל דָּבָר לְפִי הַכִּשָּׁלוֹן שֶׁמָּצוּי בּוֹ יוֹתֵר יַרְחִיקֵנוּ הָאֵל מִמֶּנּוּ, וְאֵין סָפֵק כִּי נְטִיעַת הַכֶּרֶם סִבָּה לַיַּיִן, שֶׁבּוֹ כַּמָּה מִכְשׁוֹלוֹת לִבְנֵי אָדָם, הִפִּיל רַבִּים חֲלָלִים בְּחָמְדָם אוֹתוֹ כִּי יִתְאַדָּם, מְעוֹרֵר יֵצֶר לֵב הָאָדָם רַע וּמַדִּיחַ יֵצֶר טוֹב, וְכָל עֲצָתוֹ אָכוֹל וְשָׁתֹה וְלִשְׁכַּב לִהְיוֹת נִרְדָּם, וּכְעִנְיָן שֶׁכָּתוּב (חבקוק ב, ה) וְאַף כִּי הַיַּיִן בּוֹגֵד, וַאֲשֶׁר יַזִּיר מִמֶּנּוּ יִקָּרֵא קָדוֹשׁ כַּכָּתוּב (במדבר ו ח). וְאוּלָם הִתִּירוֹ לָנוּ הַשֵּׁם בָּרוּךְ הוּא בִּשְׁבִיל קְצָת תּוֹעֶלֶת שֶׁנִּמְצָא בְּמִעוּטוֹ אֶל הַגּוּפִים. וְאַחַר שֶׁלֹּא הֻתַּר רַק לְצֹרֶךְ גָּדוֹל חִיְּבָנוּ הַכָּתוּב, שֶׁאִם גַּם בִּתְחִלַּת נְטִיעָתוֹ אוֹ זְרִיעָתוֹ יִהְיֶה בְּעִנְיָנוֹ צַד עָוֹן וְחֵטְא שֶׁלֹּא נְקַיְּמוֹ וְלֹא נֶהֱנֶה בּוֹ כְּלָל, אֲבָל יִשָּׂרֵף הַכֹּל וְיֹאבַד מִן הָעוֹלָם, הֲלֹא דַּי בְּרוֹב הַמִּכְשׁוֹלוֹת הַיּוֹצְאִין מִמֶּנּוּ אַחַר גְּמַר בִּשּׁוּלוֹ, לֹא טוֹב לִהְיוֹת עוֹד גַּם הַתְחָלָתוֹ בַּעֲבֵרָה, אֲבָל תּוּקַד הַכֹּל, הַפְּרִי וְהַקַּשׁ וְהָעֵצִים וְכָל אֲשֶׁר בּוֹ.
From the roots of the commandment, [there is a need to] preface: The matter is known that in all of the commandments of the Torah, God distances us from a thing according to [the degree] of the stumbling found in it. And there is no doubt that the planting of a vineyard is the cause of wine, which [brings] several stumbling blocks to people. From its desire have many casualties fallen, since [wine] stimulates the “impulse of the heart of man which is evil,” and it pushes off the good impulse. And all of its counsel is, “Eat, drink and lay down to fall asleep.” And [it is] like the matter that is written (Habakuk 2:8), “And surely the one that wine betrays,” and the one who separates from it is called holy. And nonetheless God, may He be blessed, allowed it to us because of its slight purpose for bodies that is found in its slight [consumption]. And since it is only permitted for a great need, the verse obligated us that if also the start of its planting or its seeding will be in such a way that there is an angle of iniquity and sin in it, that we not keep it and that we should not benefit from it at all, but [rather] that it should all be burnt and destroyed from the world. Are all of the stumbling blocks that come out from it after the end of its ripening not enough for us? [Hence,] it is not good for also its beginning to be in sin, but [rather] all of it should be incinerated — the fruit and the chaff and the wood and everything that is in it.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (כלאים פ"ה מ"ה) אֶחָד הַזּוֹרֵעַ וְאֶחָד הַמְּקַיֵּם כִּלְאַיִם בְּכַרְמוֹ, כְּלוֹמַר שֶׁרָאָה שֶׁצָּמְחוּ כִּלְאַיִם בְּכַרְמוֹ וְהִנִּיחָן שָׁם נִתְקַדְּשׁוּ, כְּלוֹמַר נִתְחַיְּבוּ בִּשְׂרֵפָה, וְהוּא שֶׁעָמְדוּ בַּכֶּרֶם לִרְצוֹנוֹ אַחַר שֶׁיָּדַע בָּהֶם, שִׁעוּר שֶׁהוֹסִיפוּ בְּגִדּוּלָן חֵלֶק אֶחָד מִמָּאתַיִם מִמַּה שֶּׁהָיוּ גְּדוֹלִים בְּשָׁעָה שֶׁיָּדַע בָּהֶם, וּכְמוֹ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (פסחים כה, א) זָרוּעַ מֵעִקָּרוֹ בְּהַשְׁרָשָׁה, זָרוּעַ וּבָא בְּתוֹסֶפֶת, וְזֹאת הַתּוֹסֶפֶת פֵּרְשׁוּהוּ זִכְרוֹנָם לִבְרָכָה מִפִּי הַקַּבָּלָה, שֶׁהוּא בְּמָאתַיִם. וְזֶה שֶׁאָנוּ אוֹמְרִים שֶׁלֹּא יִתְקַדֵּשׁ אֶלָּא אִם כֵּן הוּא רוֹצֶה בְּקִיּוּמָן, מִשּׁוּם דִּכְתִיב בְּהוּ אֲשֶׁר תִּזְרָע, כְּלוֹמַר לְדַעְתְּךָ. וְטַעַם דָּבָר זֶה מְבֹאָר בְּשֹׁרֶשׁ כִּלְאַיִם דְּהַרְבָּעָה וּמְכַשֵּׁפָה, שֶׁכָּתַבְתִּי בִּמְקוֹמָן בְּסֵדֶר קְדוֹשִׁים (מצוה רמד) וּמִשְׁפָּטִים (מצוה סב), וְזֶהוּ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"ק ק א) מְחִיצַת הַכֶּרֶם שֶׁנִּפְרְצָה אוֹמְרִים לוֹ גְּדֹר, כְּלוֹמַר שֶׁאַף עַל פִּי שֶׁהוֹסִיף בְּמָאתַיִם בְּעוֹדֶנּוּ מִשְׁתַּדֵּל לַעֲשׂוֹת הַגָּדֵר לֹא קִדֵּשׁ, מִכֵּיוָן שֶׁלֹּא נִפְרְצָה וְלֹא עָמְדָה פְּרוּצָה לִרְצוֹנוֹ, וְכֵן אָמְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם מאכלות אסורות ה ח), שֶׁהַמְּסַכֵּךְ גַּפְנוֹ עַל גַּבֵּי תְּבוּאָתוֹ שֶׁל חֲבֵרוֹ הֲרֵי זֶה קִדֵּשׁ גַּפְנוֹ, וְלֹא נִתְקַדְּשָׁה הַתְּבוּאָה, וְאָמְרוּ בְּטַעַם זֶה גַּם כֵּן, לְפִי שֶׁאֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ, שֶׁאֵין אִסּוּר זֶה אֶלָּא לְדַעַת הַבְּעָלִים, וּמִפְּנֵי זֶה אָמְרוּ גַּם כֵּן, שֶׁהַמְּסַכֵּךְ גֶּפֶן חֲבֵרוֹ עַל גַּבֵּי תְּבוּאַת חֲבֵרוֹ לֹא קִדֵּשׁ אַחַת מֵהֶן, וּמִטַּעַם זֶה (רמב"ם שם) הַזּוֹרֵעַ כַּרְמוֹ בַּשְּׁבִיעִית לֹא קִדֵּשׁ, שֶׁבְּשָׁנָה שְׁבִיעִית הָאָרֶץ הֶפְקֵר הִיא לַכֹּל. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה בְּעִנְיָן זֶה (כלאים שם), שֶׁהַזּוֹרֵעַ יָרָק, אוֹ תְּבוּאָה בַּכֶּרֶם, אוֹ הַמְּקַיְּמוֹ עַד שֶׁהוֹסִיף בְּמָאתַיִם הֲרֵי זֶה קִדֵּשׁ מִן הַגְּפָנִים שֶׁסְּבִיבוֹתָיו שֵׁשׁ עֶשְׂרֵה אַמָּה לְכָל רוּחַ. וְהַבָּא לִזְרֹעַ יָרָק אוֹ תְּבוּאָה בְּצַד הַכֶּרֶם צָרִיךְ לְהַרְחִיק מִמֶּנּוּ אַרְבַּע אַמּוֹת, וְכֶרֶם נִקְרָא חָמֵשׁ גְּפָנִים, וְהוּא שֶׁיִּהְיוּ נְטוּעוֹת כַּסֵּדֶר הַזֶּה: שְׁתַּיִם כְּנֶגֶד שְׁתַּיִם וְאַחַת יוֹצְאָה זָנָב. וְאָמְרוּ שֶׁמַּרְחִיקִין הַתְּבוּאָה וְהַיָּרָק מִגֶּפֶן יְחִידִית שְׁלֹשָׁה טְפָחִים לְכָל רוּחַ, מִפְּנֵי שֶׁהַגֶּפֶן רַכָּה וְשָׁרְשֵׁי הַתְּבוּאָה נִכְנָסִין בָּהּ, וְיֵשׁ בָּזֶה אִסּוּר הַרְכָּבָה, אֲבָל בִּשְׁאָר אִילָנוֹת שֶׁהֵן קָשִׁין אֵין בָּהֶן חֲשָׁשׁ זֶה וְאֵין צֹרֶךְ לְהַרְחִיק מֵהֶם כְּלוּם. וְיֶתֶר פְּרָטֵי הַמִּצְוָה מְבֹאָרִים בְּמַסֶּכֶת כִּלְאַיִם.
From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Kilayim 5:5), “Whether one plants, or whether one keeps a forbidden mixture in his vineyard” — meaning to say that he saw that a forbidden mixture grew in his vineyard and he left it there — “it has become set aside,” meaning it became obligated to be burnt. And that is when they were standing in the vineyard by his will, once he knew about them, in the measure that they increased one two-hundredth from what they were at the time that he knew about them. As they, may their memory be blessed, said (Pesachim 25a), “[If] it is planted from its start, with the taking root; [if] it has already been planted and increased, with the [further] increase.” And, they, may their memory be blessed, explained from the tradition that this increase is one two-hundredth. And that which we say that they have not become set aside unless he wants their existence is because it is written about them, “which you have planted” — meaning to say, according to his will. And the explanation for this thing is elucidated in the root of forbidden mixtures on interbreeding and of witchcraft that I have written in their place in the Order of Kedoshim (Sefer HaChinukh 244) and Mishpatim (Sefer HaChinukh 62). And this is what they, may their memory be blessed, said (Bava Kamma 100a), “[If the] partition of the vineyard is breached (such that a forbidden mixture is created), we say to him, ‘Fix [it].’” [This] means to say that even though it increased one two-hundredth while he was still attempting to make the fence, it did not become set aside; since it did not become breached, and it did not stay breached, according to his will. And so [too] they, may their memory be blessed, said that one who suspends his grapevine over the produce of his fellow, behold, this one set aside his grapevine, but the produce did not become set aside. (See Mishneh Torah, Diverse Species 5:8.) And for this reason, they also said that — since a person cannot set aside something that is not his — this prohibition is only [operative] by the will of the owners. And because of this, they also said that one who suspends the grapevine of his fellow over the produce of his fellow, did not set aside any one of them. And for this reason, one who plants his vineyard on the seventh year did not set it aside, since in the seventh year the land is ownerless to everyone. (See Mishneh Torah, Diverse Species 5:8.) And they, may their memory be blessed, said (Mishnah Kilayim 5:5) that one who plants vegetables or produce in a vineyard or leaves it until it increased one two-hundredth, behold, he has set aside (forbidden) from the grapevines surrounding it sixteen ells in every direction. And one who comes to plant vegetables or produce next to a vineyard must distance it four ells from it. And five vines are called a vineyard; and this is when they are planted in this order: Two across from two and one sticking out as a tail. And they said that we distance produce and vegetables three handbreadths from a single grapevine in every direction, because the grapevine is soft and the roots of the produce go into it and there is in this a prohibition of [forbidden] grafting. But with other trees which are hard, this concern is not there and one does not need to distance [other plantings] from them at all. And the rest of the details of this commandment are explained in Tractate Kilayim.
וְנוֹהֵג אִסּוּר זֶה שֶׁלֹּא לֵהָנוֹת בְּכִלְאֵי הַכֶּרֶם בִּזְכָרִים וּנְקֵבוֹת, בְּאֶרֶץ יִשְׂרָאֵל מִדְּאוֹרַיְתָא, וּבְחוּצָה לָאָרֶץ מִדְּרַבָּנָן. וְיֵשׁ אוֹמְרִים דִּבְחוּצָה לָאָרֶץ, אַף עַל פִּי שֶׁאִסּוּר הַזְּרִיעָה נוֹהֵג בָּהּ אִסּוּר הַהֲנָאָה אֵינוֹ נוֹהֵג אֶלָּא בְּכִלְאֵי הַכֶּרֶם שֶׁל אֶרֶץ יִשְׂרָאֵל דַּוְקָא, וְדִבְרֵיהֶם צְרִיכִין חִזּוּק. וְעוֹבֵר עַל זֶה וְאָכַל אוֹ נֶהֱנָה בְּכִלְאֵי הַכֶּרֶם שֶׁל אֶרֶץ יִשְׂרָאֵל חַיָּב מַלְקוּת, וַאֲפִלּוּ מִי שֶׁאֲכָלָן שֶׁלֹּא כְּדֶרֶךְ הֲנָאָתָן, כְּלוֹמַר שֶׁלֹּא נֶהֱנָה בַּאֲכִילָתָן, חַיָּב עֲלֵיהֶן וְלוֹקֶה, מַה שֶׁאֵין כֵּן בְּכָל שְׁאָר אִסּוּרִין שֶׁבַּתּוֹרָה, שֶׁאֵין לוֹקִין עֲלֵיהֶם אֶלָּא דֶּרֶךְ הֲנָאָתָם, כְּלוֹמַר שֶׁיֵּהָנֶה הָאָדָם בָּהֶן, וְכִדְאָמַר אַבַּיֵּי בְּפֶרֶק שֵׁנִי מִפְּסָחִים (כד, ב) הַכֹּל מוֹדִים בְּכִלְאֵי הַכֶּרֶם שֶׁלּוֹקִין עֲלֵיהֶם אֲפִלּוּ שֶׁלֹּא כְּדֶרֶךְ הֲנָאָתָן, מַאי טַעְמָא? דְּלָא כְּתִיב בְּהוּ אֲכִילָה, דִּכְתִיב פֶּן תִּקְדַּשׁ, וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה, פֶּן תּוּקַד אֵשׁ. וּבְכִלְאֵי הַכֶּרֶם שֶׁבְּחוּצָה לָאָרֶץ, הָאוֹכֵל אוֹ הַנֶּהֱנֶה מֵהֶן עוֹבֵר אִסּוּר מִדְּרַבָּנָן, לְדַעַת קְצָת הַמְּפָרְשִׁים, כְּמוֹ שֶׁאָמַרְנוּ.
And this prohibition not to derive benefit from forbidden mixtures from the vineyard is practiced in the Land of Israel from Torah writ, and outside of the Land rabbinically. And there are those that say that outside the Land — even though the prohibition of planting is practiced there — the prohibition of benefit is only specifically with the forbidden mixtures of the vineyard of the Land of Israel, but their words need support. And the one that transgresses this, and eats or derives benefit from a forbidden mixture of the vineyard of the Land of Israel, is liable for lashes. And even one who eats it not in the way of its enjoyment — meaning to say, he did not derive enjoyment from eating it — is obligated by it and is lashed; which is not the case with all other prohibitions in the Torah, in which we only give lashes for them [if they are consumed] according to the way of their enjoyment — meaning to say that the person derives enjoyment from them. [This is] as Abbaye says in the second chapter of Pesachim 24b, “Everyone concedes about forbidden mixtures of the vineyard that we lash for them even not in the ways of their enjoyment. What is the explanation? Since it is not written about them, ‘eating.’” As it is written, “lest it be set aside (tikdash)” — and they, may their memory be blessed, expounded (Kiddushin 56b), “Lest it be incinerated by fire (tukad esh).” And outside of the Land, one who eats or derives benefit from them transgresses a rabbinic prohibition, according to some of the commentators, as we said.