3,163. One Who Binds Sheaves at Night

Hilchos Matnos Aniyim 5:7

If the sheaves in a field are mixed together and the owner forgets one of them, it’s not shich'cha until he takes all the surrounding sheaves.

Hilchos Matnos Aniyim 5:8

The laws of shich'cha apply to crops like garlic and onions even though they’re buried in the ground. If someone harvests his field at night and forgets some standing grain, or if he binds sheaves at night and forgets a sheaf, or if a blind person forgets sheaves – in all of these cases the rules of shich’cha apply. However, if the blind person or the person harvesting at night only intends to take the larger sheaves at that time, then shich’cha does not apply. If someone harvests his field on the condition that he can take whatever he forgets, shich’cha nevertheless applies. This is because a person can’t make a condition that countermands the Torah.