Bartenura on Mishnah Avodah Zarah

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3.1.1
כל הצלמים אסורים – for deriving benefit.
3.1.2
שהם נעבדים פעם אחת בשנה – when the sun is at the same height that the image is made for even though that there are many that are not other than for beauty and are not worshipped, Rabbi Meir, according to his reasoning, is suspect of the minority.
3.1.3
כל שיש בידו וכו' – since these are definitely worshipped, and because of their importance, they considered these objects that are in their hands. And in a Baraitha (Talmud Avodah Zarah 41a), they added a sword, a crown and a ring and the Halakha is according to the Sages. But their prohibition is not other than when they stand at the entrance to the state and in the villages where it was not their practice to make images for beauty, everyone states that it is prohibited, and even if there was nothing in his hand to serve it with, they worship it.
3.2.1
הרי אלו מותרין – for had they been whole, there is a doubt whether they would have worshipped them or not worshipped them. And even if one is able to say that hey worshipped them lest they become nullified, and therefore, broke them, for this is a double doubt and for a leniency.
3.2.2
שכיוצא בהם נעבד – the form of a hand alone they would make ab initio and they worship it.
3.3.1
צורת חמה צורת לבנה – Rambam/Maimonides, of blessed memory, explained, that you should not find it would and he would say, “this is the sun,” or in the form of a round bow, and he would say, “this is the moon,” but rather that he should find a representation that they would relate these astrological specula to the sun or the moon, like they said, that the representation of the sun is like a wreathed king sitting on a wagon, and similarly all this that are like this.
3.3.2
צורת דרקון – the representation of a snake which has something glistening and scales like the scales of a fish, and they say that it is the representation of the hills of the moon, and it was worshipped in those days, and even according to the Rabbis who stated above (i.e., Mishnah 1), that all of the rest of the images are permissible, they would agree that these are forbidden for it is their custom to worship them.
3.3.3
שעל המכובדים – nice utensils that their use is for adornment and honor, such as chains, nose-rings and rings and similar kinds of things.
3.3.4
מבוזים – boilers and kettles and those things that warm up warm things, and other similar things. And the Halakha is according to Rabban Shimon ben Gamaliel.
3.3.5
וזורה לרוח – so that an Israelite will not benefit from it.
3.3.6
אף הוא – if he cast it to the wind also now there would be benefit to an Israelite from it, for it would become manure.
3.4.1
אפרודטי – a representation of the planet Venus. This is what Maimonides/Rambam, of blessed memory, explained.
3.4.2
אין משיבין – words of Torah in the bathhouse, for a person stands naked there.
3.4.3
היא באתה בגבולי – for the bathhouse preceded her, and the bathhouse was made for everyone who comes to bathe/wash. And there is another response that we don’t say: “Let us make a bathhouse of adornment for Aphrodite,” for a bathhouse is not a thing of adornment, but rather, “let us make Aphrodite an adornment for the bathhouse,” for Aphrodite uses the bathhouse, and it is secondary and she is essential.
3.4.4
ביב – a ditch made in the ground to remove waste-water that is poured into the public domain.
3.5.1
הן מותרין – the mountains themselves are permissible for sewing [seed] and to hew stones from them that are attached and are not forbidden.
3.5.2
ומפני מה אשרה אסורה – meaning to say just as we expound (Deuteronomy 12:2): “[You must destroy all the sites at which the nations you are to dispossess worshipped] their gods, whether on lofty mountains [and on hills or under any luxuriant tree],” and not ‘on their lofty mountains, their gods’, so also “under any luxuriant tree” (ibid.,) their gods, and not ‘the luxuriant trees of their gods.’ And why did the Torah prohibit this? As it is written (Deuteronomy 7:5): “cut down their sacred posts.”
3.5.3
מפני שיש בה תפיסת ידי אדם – that a person planted it and Rabbi Yosi holds that a tree that a person planted and at the end worshipped is forbidden. But the First Tanna/teacher [of our Mishnah] holds that since at the beginning when it was planted, he did not intend to worship it, the worship that he performs after it is attached does not prohibit it for it is like someone who worships a mountain. But the Halakha is not according to Rabbi Yosi.
3.5.4
אני אובין – I will explain.
3.5.5
ואדון לפניך – after we do not have to expound on the limitation from “or under any luxuriant tree,” one can say that it was not said other than to provide for them signs, a place where it is customary for Emorites to worship idolatry in order that Israel can search them out and destroy them. But the limitation of mountains and hills however, we eliminate from its implication for God did not command us to destroy the mountains, but [God] did command us to destroy luxuriant trees, as it states (Deuteronomy 12:3): “put their sacred posts to the fire.”
3.6.1
סמוך לע"ז – that one of his walls is a house for idolatry and the hose itself is worshipped.
3.6.2
אסור לבנותו – for he is building a house for idolatry.
3.6.3
כונס לתוך קרקע שלו ד' אמות – and he does not leave it empty as it is found benefitting idolatry as it extends its boundary, but he fills the place with thorns and makes there a toilet for young children.
3.6.4
היה שלו ושל ע"ז – for the place of the beams of the walls, half of it is his.
3.6.5
נדון מחצה על מחצה – that portion of idolatry does not count in the bringing it inside [within his own property] four cubits but his part counts, for if its beams are two cubits, he counts one cubit of his own and brings it [an additional] three cubits within his own.
3.6.6
אבניו עציו ועפריו – of that wall
3.6.7
מטמאין כשרץ – which defiles like an unclean reptile, and even the section of the Israelite since there is no choice.
3.6.8
כשרץ – that ritually defiles through contact because the defilement of idolatry is Rabbinic, they were lenient concerning it, and it does not defile like a lentil like an unclean reptile, but rather in an olive’s bulk like [contact] with the dead.
3.6.9
רבי עקיבא אומר כנדה – But the Halakha is not according to Rabbi Akiva even with idolatry itself, and all the more so, with those who use it.
3.7.1
שלשה בתים הם – regarding the matter of abrogation of idolatry.
3.7.2
בית – the beginning of its building is for idolatry. This is prohibited.
3.7.3
סיידו וכיירו לעבודה זרה – that it was built ab initio as a human dwelling. And plastered it – who whiten it with plaster and cementing/putting tiles, engraving and doing embroidery.
3.7.4
וחידש – or renewed.
3.7.5
נוטל מה שחידש – and all the rest of the house is permitted.
3.7.6
הכניס לתוכו ע"ז – by the hour, and he did not designate it for the usage of idolatry.
3.7.7
שלש אבנים הם – for the matter of abrogation.
3.7.8
אבן שחצבה מתחלה – from the mountain.
3.7.9
לבימוס – to place idolatry upon it.
3.7.10
סיידה וכיירה – and it was hewn and standing.
3.7.11
נוטל – an Israelite,
3.7.12
מה שחידש – what was new, the adornment and the stone are permitted.
3.7.13
העמיד עליה ע"ז – by the hour, and he did not designate the stone for a pedestal [for an idol].
3.7.14
וסילקה – this is permitted, and does not need abrogation.
3.7.15
גדעו – for the purposes of idolatry to worship the growths that took place upon it from now.
3.7.16
נוטל מה שהחליף – the branches that grew in place of those that he lopped off and he burned them according to the law of Asherah/tree devoted to idolatry, the remainder is permitted.
3.7.17
איזו היא אשרה – In the Gemara (Tractate Avodah Zarah 48a) it explains that the three Asherot that are taught in the Mishnah are referred to above and this is what is taught: There are three Asherot – two of them are held by everyone and on one there is the dispute between Rabbi Shimon and the Rabbis. And what is the Asherah that Rabbi Shimon and the Rabbis? All [trees] that have under them idolatry, for the Rabbis call them a tree devoted for idolatry and prohibits them all the while that there is idolatry underneath it, and Rabbi Shimon states that it is not Asherah but rather everyone worships it, but all [trees] which have underneath them idolatry, this is not an Asherah. But the Halakha is not according to Rabbi Shimon.
3.8.1
לא ישב בצלה – this shade is not under the bough of the Asherah tree as stated, for one is not able to teach further, and if he sat, he is ritually pure, for that which is taught at the final section, that if passed [underneath it], he is ritually impure. But rather from the tree and further, for when the sun is in the east or in the west, there is a long shade for all things.
3.8.2
לא יעבור תחתיו – underneath the bough from the tree, for the tree forms a cover/tent [of Levitical uncleanness arising from being under the same shelter with it] and if he passed [underneath it], he is ritually impure.
3.8.3
היתה גוזלת את הרבים – that its bough inclines to the public domain.
3.8.4
טהור – it is Rabbinical defilement and where it “steals”/encroaches upon the public [domain], the Rabbis did not make a decree.
3.8.5
ירקות בימות הגשמים – for the tree is difficult for them as it prevents the sun from coming out.
3.8.6
אבל לא בימות החמה – for the shade is pleasant for them.
3.8.7
והחזרין – lettuce and in Arabic, “hassa.”
3.8.8
לא בימות החמה [ולא בימות הגשמים] – for the shade is always pleasant for them.
3.8.9
והנמייה –leaves that fall from the tree in the rainy season and in the Gemara (Talmud Avodah Zarah 49a), raises the objection to that which we learn according to Rabbi Yosi who states that the combined causes is permitted (who is discussing the subject of planting vegetables in the winter, according to the Mishnah). Earlier in our chapter (see Tractate Avodah Zarah, Chapter 3, Mishnah 3), regarding crumbling them [the idolatrous figures] and casting them into the wind (see also Tractate Pesahim, Chapter 2, Mishnah 1 for the use of the same phrase regarding the destruction of leavened products) and even though they are made into manure, for where the permission and the prohibition of both of them cause them to bring the matter, such as the case as the land of permission, and the manure of idolatry which is prohibited, cause the growing of vegetables, Rabbi Yosi holds that it is permitted. And where he prohibited vegetables, here it is because the foliage falls upon them, and Rabbi Yosi responds here to the words of the Rabbis stating that according to them when they state that the combined causes are prohibited, they should have prohibited the vegetables because of the foliage that falls upon them and it is for them like manure. But the Rabbis hold that this is different here, for the tree of idolatry does not affect the vegetables at all, for as the foliage is beneficial to them, the shade is harmful for them. But the Halakha is according to Rabbi Yosi, that the product of combined sources is permissible.
3.9.1
נטל הימנה – from the Asherah.
3.9.2
חדש יותץ – for the first making of the flame when they kindle the oven glazes it and strengthens it and it is improved through prohibited forms of benefit, but our Mishnah comes according to the one states that combined causes are prohibited, and this is not the Halakha. Therefore, whether it is new or old, it must be cooled down.
3.9.3
הפת אסורה – in the Gemara it states (Tractate Avodah Zarah 49b) that a torch is opposite him, for all the while that the bread is baking, he would kindle the torch at the mouth of the oven and bake it, for he would benefit from the prohibition a the time when the prohibition is clearly visible and there is and there is improvement to the wood with the bread.
3.9.4
יוליך הנאה לים המלח – the cost of the loaf that was combined.
3.9.5
כרכור – there is for weavers a piece of wood made in the form of a needle of sack-makers and they pass it over the warp/longitudinal direction when it is stretched before them in the weaving. And our Mishnah teaches us the dispute between Rabbi Eliezer and the Rabbis in these two things, for had it taught only the first one, I might state that in this [only], Rabbi Eliezer stated it because at the time when the bread is completed, the prohibition is disregarded, but a whorl [of a spindle] which has a prohibition of its own, I would state that he agrees with the Rabbis. But had he only stated the other one, it would have been this one alone that the Rabbis stated, but in the first, I would say that they agree with Rabbi Eliezer. Therefore, it is necessary to teach both. And the Halakha is according to Rabbi Eliezer, even with a jug of wine known or suspected to have been manipulated by an idolater, that became combined with jugs of permitted wine – they bring the costs of that jug to the Dead Sea and the remainder are permitted to derive benefit from it.
3.10.1
כיצד מבטלה – an idolater for a tree used for idolatrous purposes.
3.10.2
קרסם – dry chips that are on the tree, he took for his needs to burn.
3.10.3
ורד – cut moist branches that are on it.
3.10.4
שפאה – it is the Aramaic translation of (Deuteronomy 9:21): “I broke it to bits and ground it thoroughly,” and you crushed it well.
3.10.5
לצורכה – in order to beautify it. And only that gentile who is an adult and someone with appropriate maturity who knows well the idol worship and it’s practices can affect a nullification. And even if he nullified it against his will, it is still effective.
4.1.1
רבי ישמעאל אומר. זו בצד זו – and all the more so, one on top of two which is the essence of Merkulis/Mercury/Hermes. [Merkulis is the name of idolatry that is called in their languages, Merkuris.]
4.1.2
בצד מרקוליס – at the side four cubits of Merkulis, meaning to say, that the stones are four cubits distant from Merkulis and it is known and that they did not fall from him, and on this, Rabbi Yishmael states that three stones are prohibited for Merkulis is not less than three stones and they make a small Merkulis at the side of a large Merkulis and a small one made at the side of a large one, they worship it with anything and we should not suspect that there will be one [stone] on top of two [stones]. But the Rabbis hold that we do not make a small Merkulis at the side of a large Merkulis. Therefore, it appears with it, meaning to say, next to it, for one can say that it fell from it. Whether two [stones] or three [stones], it is forbidden. If it is not seen with it, it is permitted. And the Halakha is according to the Sages.
4.2.1
מצא בראשו – of Merkulis.
4.2.2
מעות כסות או כלים מהרין אלו מותרין – and this as long as they are not placed for adornment [such as, for example], that the monies were placed in a pouch tied and suspended from it on its neck. Folded clothing folded up and placed on its shoulder, or on its head. Utensils also placed on its head, and wall of these are not in the manner of adornment.
4.3.1
שלא בטובה – that he should raise a salary for the [idolatrous] priests.
4.4.1
ע"ז של נכרי אסורה מיד – as it is written (Deuteronomy 7:25): “[You shall consign] the images of their gods [to the fire], for once it has been declared unfit, it becomes for him a god.
4.4.2
ושל ישראל עד שתעבד – as it is written (Deuteronomy 27:15): “[Cursed be anyone who makes a sculptured or molten image, abhorred by the LORD, a craftsman’s handiwork,] and sets it up in secret,” until he does for it secretive things, meaning to say, that he worships it, for an Israelite does not serve idolatry other than in secret, because he is afraid of the Jewish court.
4.4.3
נכרי מבטל ע"ז שלו – as it is written (Deuteronomy 7:25): “You shall consign the images of their gods to the fire,” when they practice regarding them the custom of godliness, but if he annulled it, they are permitted.
4.4.4
ושל ישראל – when he has regarding it a partnership, and the Halakha is not like this. For an idolater cannot annul [the sanctity of] the idolatry of an Israelite even when he has a partnership with him in it.
4.4.5
אינו מבטל ע"ז של נכרי – and even if the heathen gave him permission [to do so].
4.5.1
פחסה – [if he smashed it] in its face. If he crushed it with a mallet until he removed the shape of the face.
4.5.2
גררה – dragged and cast within the mud.
4.5.3
אינה בטלה – for according to the hour, he got hot regarding it and he retracted and worshipped it.
4.5.4
רבי אומר בטלה – there is a dispute between Rabbi [Judah the Prince] and the Sages when he sold it to an idolater, but if he sold it to an Israelite goldsmith/smelter, according to all, it is annulled and the Halakha is according to the Sages.
4.6.1
שהניחוה עובדיה – and it wasn’t their intention to return.
4.6.2
בשעת שלום מותרת – since they left knowingly and did not take it with them, they annulled/destroyed it.
4.6.3
בימוסיות של מלכים – hewn stones that were prepared for the procession of the king and when the king passes through the, they set up idolatry there and he worships it. And in the Gemara (Talmud Avodah Zarah 53b) explains because they leave it, meaning to say, they are not designated to establish there idolatry every hour but rather at the time when the kings pass, and sometimes the kings pass through another road and we don’t suspect them. Therefore, it is not considered to be the usages of idolatry.
4.7.1
אף אנו מחזיקים ידיהם של אלו – those who worship the sun and/or the moon, if they would see that the rest of idolatry had been destroyed of its own and these exist, they would give thanks to those.
4.8.1
גת בעוטה – that the idolater had trampled and stamped.
4.8.2
אע"פ שהוא נוטל בידו – grapes from the wine and place them on the pile (i.e., the place on the altar where the ashes are piled up), the place of the gathering of the grapes that is made like a heap that is called תפוח/grape-heap, and our Tanna/teacher holds that it does not become libation wine until it flows down to the cistern and according to the hour, he becomes excited and returns and worships it. But this is the earliest version of the Mishnah and it is not Halakha, but rather, since the wine began to be drawn, it became libation wine.
4.8.3
מה שבבור אסור – if an idolater would come in contact with it afterwards.
4.9.1
דורכין עם העכו"ם בגת – and we don’t say that he is making a living with what is prohibited from deriving benefit, for this Tanna/thinks [that even] with drinking, it is permitted as long as he doesn’t go down into the cistern. But there isn’t anything concerning causing ritual defilement for from the time when the idolater treads upon them [a little bit], they were ritually defiled, so it is found that the Israelite did not cause the ritual defilement.
4.9.2
אבל לא בוצרין עמו – because he places them into a ritually impure vat for wine pressing. For the idolater defiles the grapes through his contact and the Israelite who cuts with him causes ritual defilement. But this Tanna/teacher holds that it is forbidden to cause ritual defilement for non-holy produce that is in the Land of Israel, even if they belong to the idolater. But the Halakha is not according to this Mishnah for we hold that since the wine began to be drawn, it became libation wine, therefore, we do not tread with the idolater in the vat for wine pressing. And we hold that it is permissible to cause ritual from produce, there is nothing in this. But however, an Israelite who harvests his vineyard ab initio, the idolater should not take with him, even to bring the grapes to the vat, because we say, “go around Nazirite, etc. (that you may not come near the vineyard” – see Numbers Rabbah 6:10).
4.9.3
וישראל העושה פירותיו בטומאה – he commits a sin because he defiles the Priest’s Due and Tithes that are within them. Therefore, it is forbidden to assist him in order that he become accustomed to this.
4.9.4
אבל מוליכין עמו – an empty barrel to the vat, and he brings it with him filled barrels from the winepress, for what has happened has happened for after they have been ritually defiled, it is permissible to put the wine in impure barrels.
4.10.1
אם יש עליו [מלוה] אסור – if he has towards him a lien on the wine, it is prohibited, for this wine is mortgaged to him in his liability, so it is like his money and he came in contact with it to see how it is.
4.10.2
נפל – the idolater [fell] into the cistern filled with wine.
4.10.3
ועלה – dead, even though he came in contact with it at the time that he fell in, he (i.e., the Jew) is not prohibited to benefit since he did not intend to come in contact with it, but uf he came up alive, through his ascending he makes it forbidden, because he admits to idolatry on that he was saved.
4.10.4
ומודדו בקנה – or that the idolater measures the wine of the Israelite with a reed.
4.10.5
והתיז – or the idolater flipped out the hornet from the wine of the Israelite through a reed and did not actually make contact with the wine with his hand.
4.10.6
המורתחת – the barrel was rising with heat and the idolater slapped it with his hand on the foaming – this is not the manner of libations.
4.10.7
רבי שמעון מתיר – but the Halakha is not according to Rabbi Shimon.
4.10.8
זה היה מעשה והכשירוהו – even through drinking.
4.11.1
המטהר יינו של עובד כוכבים – an Israelite who tread on the grapes of an idolater in a state of religious fitness in order to sell them to [another] Israelite, he doesn’t give money to the idolater until he sells them after a while.
4.11.2
ונותנו ברשות – of the idolater.

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org Licence: CC-BY. Source.