Bartenura on Mishnah Eduyot

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Nezikin · 401 sections

2.5.3
ואם להוציא ממנה ליחה פטור – for it is labor that is not necessary for its own sake, for the opening is the labor, and this is not necessary for there to be an opening for it from now, and there isn’t here other than a Rabbinic prohibition and because pain is not decreed, it is exempt and permitted.
2.5.4
אם מתעסק שלא ישכנו פטור – and that it is not necessary for its own sake of the thing being hunted, and if he would known that he could stand and it (i.e., the snake) would not bite him, he would not hunt it. And in this also, the Rabbis did not decree, and it is exempt and permitted.
2.5.5
לפסין אירוניות – a closed/stopped-up earthenware vessel made like an hollow ball from the inside, and after they glaze it in a kiln/furnace, they sever it in its middle and it is made into two utensils.
2.5.6
טהורות באוהל המת – as long as they have not severed it, for an earthenware vessel is not susceptible to receive defilement from its exterior, other than from its airspace, as it is written (Numbers 19:15): “And every open vessel, [with no lid fastened down, shall be unclean],” through its opening, it defiles, but it - does not defile from the exterior, and this has no open air space.
2.5.7
וטמאות במשא הזב – through defilement by movement (even by indirect movement by means of a lever), for if they were carried or moved from the contact with someone with a flux, they are impure, and even though they have no open air space.
2.5.8
מפני שלא נגמרה מלאכתן – for the cutting that is made in their middle, this is the completion of their work [of creation]. But the Halakha is not according to Rabbi Eleazar ben Zadok, but glazing in a furnace is the completion of their work, therefore they become defiled through contact with the person who has a flux even before they are divided.
2.6.1
מלילות – ears of corn that did not ripen completely, and they load them with stones and the liquid flows from them and he immerses in it.
2.6.2
יגמור – for after they have been pressed and crushed from Friday, he completes and may eat [them] on Shabbat. And it is not similar to liquids that flowed that are forbidden, as a decree lest he wring out [the liquid], for here, even if he should wring out [the liquids], there is no prohibition from the Torah, because the liquids come of their own accord.
2.6.3
לא יגמור – in order to eat after he has sanctified the [Sabbath] day, for it is prohibited like other liquids that flowed. And the Halakha is according to Rabbi Yishmael.
2.7.1
עיר של זהב – golden crown that is made like the form of the city of Jerusalem, and we don’t suspect that perhaps she will take it off and show it and will bring it four cubits in the public domain (versus Tractate Shabbat, Chapter 6, Mishnah 1, which teaches in an anonymous Mishnah that a woman should not go out on Shabbat with a golden crown that is made like the form of the city of Jerusalem).
2.7.2
ומפריחי יונים – one of the kinds of sport/jest [that one plays with one’s pigeons]: if your pigeon will come before my pigeon, I will give you such-and-such, for one who raises a pigeon who is knowledgeable to bring [other] pigeons to the house in the upper story. And there is through them theft because of the ways of peace, but not complete theft.
2.7.3
ספק נגע ספק לא נגע ספיקו טהור – because it is a passing defilement and does not rest in a place, therefore, its doubt is ritually pure and even in the private domain.
2.8.1
סנדל של סיידין – the wooden shoe that they wear on their feat when they are engaged with lime/plaster to protect their feet that they don’t burn in the lime, and if a person with a flux wore it, it would be impure through Levitical uncleanness arising from a someone with a flux’s immediate contact by treading [or leaning against].
2.8.2
ועל שיירי תנור ארבעה – if it was large enough and it became defiled and afterwards broke, he would not be pure until there would not be in its shards a height of four [handbreadths], for shards are susceptible to receiving defilement as if it was whole, until the shard would be less than the height of three [handbreadths]. But a mere oven that is in the Mishnah is made like a large pot which has no rim and when they fasten it with plaster on the ground and the floor of the ground is the bottom of the oven.
2.8.3
שנים מחיפוייו – from the boards that are made for sitting.
2.8.4
שרבי עקיבא מטמא – as he {i.e., Rabbi Akiva) holds that even though it is not appropriate for sitting, it is appropriate to receive pomegranates, and it is impure because it is a receptacle.
2.8.5
וחכמים מטהרין – as they hold because its essential purpose is that it was made for sitting and not as a receptacle, since the purpose for which it had been made was annulled. And it does not defile even because of being a receptacle. And the Halakha is according to the Sages.
2.9.1
האב זוכה לבן וכו' – since it is close that the nature of the son is to be similar to the nature of the father, and beauty, and strength and wisdom and years, a man endows [his son] with them from the beginning of his creation according to his nature, and wealth a person bequeaths to his son. And wisdom that we speak of here, is the straight ingenuity of mind/brightness of mind, which is in a person according to his nature. And years, length of days. And to me it appears that if a person endows them, he will have sons who are pleasant, strong, wise, rich and who live long lives.
2.9.2
ובמספר הדורות לפניו – Sometimes that the Holy One, blessed be He promises that his father will do good for his seed to the third generation or to the fourth generation, and the father endowed to that generation that this particular goodness will come to them.
2.9.3
הוא הקץ – that the Holy One, blessed be He, determined for this matter that it will be for a specific time and for a certain generation, such as (Genesis 15:14,16): “…and they shall be enslaved and oppressed four hundred years…and they shall return here in the fourth generation…,” that the number of generations which is the fourth generation will be end of the four hundred years.
2.10.1
שנאמר והיה מדי חודש בחדשו – when the month comes in the same month that he died in it, he would leave from Gehinnom and come to worship before God.
2.10.2
שנאמר ומדי שבת בשבתו – that is to say, after he would be in Gehinnom so many days like there are from the first day of Passover, which is called “Shabbat,” as it is written (Leviticus 23:15): “[And from the day on which you bring the sheaf of elevation offering]– the day after the Sabbath – you shall count off seven weeks. [They must be complete],” until Atzeret/Shavuot which is the from the morrow of the seventh Sabbath, he left from Gehinnom and comes to worship.
3.1.1
כל המטמאין באוהל – such as the dead, and the decayed matter (i..e., liquid and coagulated portions of a corpse – see Tractate Ohalot, Chapter 2, Mishnah 1) and a spoonful of dust [of earth from a grave of decaying human body], and all those that are taught at the beginning of the second chapter of Tractate Ohalot.
3.1.2
שנחלקו – their measures in halves.
3.1.3
שהכניסן – when they are divided.
3.1.4
לתוך הבית – that is inside one tent.
3.1.5
רבי דוסא בן הרכינס מטהר – that he holds that they do not combine to the appropriate measurement.
3.1.6
הנוגע בכשני חצאי זיתים מן הנבילה – he started about tent impurity and continued with impurity of a carrion, to tell you that just as Rabbi Dosa holds that they do not combine for the defilement of a tent, so too, he holds that they defilement of contact and carrying do not combine, whether with the dead person or a carrion.
3.1.7
הנוגע בחצי זית ומאהיל על חצי זית – When one overshadows on a dead person, he is impure as if he had been with the dead person in the tent. And all of these where he is overshadowing in the first part of the Mishnah, we are speaking of squeezed defilement, for there is no difference between the defilement and the tent that is open a hand-breadth, and because of this, the Sages defile, for a tent like this, it is contact, and at the end of the Mishnah it is taught that if one is in contact with half-olive’s bulk and another thing, it overshadows upon him, etc., and the Rabbis admit that he is pure, when speaking where there is a hand-breadth’s opening whether between the defilement and the tent. And in this, the Rabbis admit that they don’t combine, for contact and tent are two different modes of contamination and whatever is from two different modes does not combine. But Rabbi Dosa holds that even with pressed defilement, they don’t combine.
3.1.8
רבי מאיר וכו' – Rabbi Meir disputes the first Tanna who said that when there is a hand-breadth’s opening between the defilement and the tent, the Rabbis admit that he is pure, and it doesn’t combine. And he said that even in this, the Rabbis dispute on Rabbi Dosa and hold that contact and the tent category. Therefore, they combine regarding the measurement and defile, but the Halakha is not according to Rabbi Meir.
3.1.9
חוץ מן המגע עם המשא – such as the case where he came in contact with one-half an olive’s bulk and shook one-half an olive’s bulk.
3.1.10
והמשא עם האוהל – that he shook one-half an olive’s bulk and overshadowed on the other one-half.
3.1.11
משם אחד – such one type of contact and another kind, one kind of carrying and another, one tent and another tent.
3.2.1
אוכל פרוד – such as a pile of nuts, peanuts and almonds, when they are separated one from the other, they lack the equivalent of an egg which is the measure for defilment of foods to defile others.
3.2.2
אינו מצטרף – and if they were ritually impure and came in contact with ritually pure [foods] when they are in a pile, they do not combine with each other to defile the pure [foods] since there isn’t among any of them on its own like the measure for the defiling of foods.
3.2.3
אסימון – it is made like the form of the coin in vogue, but they had not yet formulated the coin (i.e., a picture indicating the value), and we don’t redeem Second Tithe with it, as it is written (Deuteronomy 14:25): “Wrap up the money n your hand,” something that has upon it a form.
3.2.4
מטבילין ידים לחטאת – Whomever has come in contact with impure food-stuffs and liquids and similar thing from those things that defile the hands and don’t defile the entire body, he immerses his hands only, and it is fit to com in contact with the waters of purification (i.e., water mixed with the ashes of the Red Heifer) and to be sprinkled from the ashes of the [Red] Heifer on the impurity.
3.2.5
אם נטמאו ידיו נטמא גופו – and it requires immersion of the entire body, for they made a preference for the waters of purification that if his hands had been defiled, his entire body was defiled, which is not the case with Priest’s Due/Terumah and Holy Things [in the Temple].
3.3.1
מעי אבטיח – the seeds and the liquid that is within the melon.
3.3.2
וקניבת ירק – the mouldy/decayed leaves that we remove from the vegetables.
3.3.3
מנה מנה ופרס (this segment of the Mishnah is also taught in Tractate Hullin, Chapter 11, Mishnah 2) – Each one is worth a Maneh and one-half and less than this is not considered fleece/shorn wool for this is the least of the fleece.
3.3.4
כל שהן – not exactly for less than sixth Selah the Rabbis do not obligated in the first shorn wood (which is the priest’s gift), but because Rabbi Dosa provides a large measurement, the Tannah calls for the small measurement of the Rabbis, however much they produce. And the weight of the Sela is twenty-four Ma’im and the weight of each M’ah is sixteen globules of barley-seed.s
3.4.1
חולצות – matting that is made from bulrushes/reed-grass and things similar to it. And they have a rim surrounding it.
3.4.2
טמאות טמא מת – for they have a receptacle but defilement of lying and sitting, because they are not appropriate for lying nor for sitting.-
3.4.3
וחכמים אומרים מדרס – for they are also suitable to be lain upon.
3.4.4
הקליעות – threats that are made in a matting/network.
3.4.5
טהורות – that are not considered woven/in a web and this is not clothing.
3.4.6
חוץ משל גלגילון – screens/networks of belt that they gird with it, and it is considered clothing.
3.4.7
כולם טמאות – for all are considered clothing, except for the screens that those who sell wool make to tie on it bundles of wool.
3.5.1
קלע – [the sling] that they throw with it stones, like you say (Judges 20:16): “ [Of all this force- 700 picked men -were left handed.] Every one of them could sling a stone at a hair and not miss.” (1 Samuel 25:29): ”But he will fling away the lives of your enemies as from the hollow of a sling.”
3.5.2
בית קיבול שלה – the place where they put in the stone that they want to throw.
3.5.3
בית אצבע שלה – like a small hole that one puts one’s finger into.
3.5.4
בית הפקיע – the handle that one holds on to when one twirls the sling in the air to release and throw the stone.
3.6.1
שבויה – the wife of a Kohen who was taken captive (also, the daughter of a Kohen).
3.6.2
אוכלת בתרומה – and we don’t suspect lest a heathen came upon her and made her a harlot nad invalidated her from the Terumah/priest’s due.
3.6.3
שהפה שאסר הוא הפה שהתיר (this section of the Mishnah is taught in Tractate Ketubot, Chapter 2, Mishnah 5) – just as they believed her when she said: “I had been taken captive,” so one is able to believe her when she says, “and I am pure.
3.7.1
הטמא עומד – the leper stands under the tent or under the tree.
3.7.2
וטהור עובר – on the way there (i.e., to the tent or tree). It is doubtful if he came in contact or did not come in contact [with it] or if he was overshadowed by the tree or was overshadowed by both of them and both the pure became impure, and it is doubtful if he was not overshadowed and not defiled, this is one doubt or the pure one stood and the leper passed by, which is the second doubt.
3.7.3
טומאה ברשות היחיד וטהרה ברשות הרבים – such as a store open to the public domain, it is doubtful if he entered and it is doubtful if he did not enter.
3.7.4
או שטהרה ברשות היחיד והטומאה ברשות הרבים – these are two other doubtful cases.
3.7.5
רבי יהושע מטמא – as he holds that since the private domain is combined/joint in the doubtfulness of this defilement, this is a doubtful defilement in the private domain and its doubtfulness is defiled.
3.7.6
וחכמים מטהרים – for they hold that since a doubtful defilement in the public domain is combined in it, this is doubtful defilement in the public domain and its doubtfulness is pure. But the Halakha is not according to Rabbi Yehoshua.
3.8.1
מסמר השולחני – the money-changer hangs on it the scale of the balance. But our Rabbis explained that it was a fixed nail/pin set in the stand that is in front of the money-changer to put up the shutters of the shop. And the Rabbis make them pure because its use is with the ground.
3.8.2
וארון של גרוסות – that makes pounded beans with their millstone, they have a sort of wooden cabinet.
3.8.3
אבן השעות – a stone which has zones and markings on them the names of the hours which is inserted in it with a nail and through it they determine the hours. And in a foreign tongue, they call it IRLIVE and in Arabic ALBALATA.
3.8.4
ר' צדוק מטמא – this cabinet, for it has the status of a utensil on it.
3.8.5
וחכמים מטהרין – for a wooden utensil is make to stand and it is not make to carry. But Rabbi Tzadok held, that sometimes we repair it to carry it, but the Halakha is not according to Rabbi Tzadok.
3.9.1
טני – a metal utensil that householders place in it broken wares/trash and broken metal utensils. And Rabban Gamaliel defiles the cover/lid for he holds that the lid is considered and utensil, since the lid also has a receptacle. But the Sages [declare it] pure, as they hold that since it was not made other than to cover it, it is not considered a utensil.
3.9.2
ותלוי המגרדות – nails that hangs on them the strigils in the bath houses and when everyone enters there, each person takes a strigil and combs/scrapes his feet and his body.
3.9.3
וגולמי כלי מתכות – that is needed to rub/polish, comb and knock together with a mallet or something lacking a rim or a handle, they do not become defiled according to the words of the Sages until their work has been completed.
3.9.4
טבלא שנחלקה לשנים – an earthenware plate that has vertical rims/edges and it is made as two equivalent pieces where one of them is not larger than its fellow, and in this Rabban Gamaliel and the Sages dispute. But the Halakha is according to the Sages.
3.10.1
אין טומנין את החמין מיום טובל לשבת – For the School of Shammai holds that we don’t bake other than if he created a symbolic continuity of action (i.e., Eruv) with the bread, and we don’t cook other than if he made the legal fiction with the cooked food (i.e. preparing a dish on Thursday and letting it lie over until the end of the Sabbath, by which fiction all the cooking for the Sabbath which he does on the Holy Day on Friday is merely a continuation of the preparation begun on Thursday), and we don’t keep dishes warm other than if they were kept warm from the eve of the Holy Day (Thursday). But the School of Hillel holds that we bake and cook and keep dishes warm with the legal fiction with cooked foods alone.
3.10.2
אין זוקפין – a candelabrum of pieces when its pieces can be taken apart, we don’t restore them, for that is like [the prohibition of] building, and there is building with utensils and the School of Hillel holds that there is no [prohibition of] building with utensils.
3.10.3
גריצין – thick loaves.
3.10.4
אלא רקיקין – thin loaves, for the School of Shammai holds that one does not bake a large batch of bread on Holy Days because of the trouble. But the School of Hillel says that one bakes a large batch of bread on the Holy Day/Yom Tov, for at the time that there is a large batch of bread, it is baked well.
3.10.5
חרי – large dough that is baked on the coals. But the Halakha is not according to Rabban Gamaliel in all matters where is he stringent like the words of the School of Shammai.
3.11.1
מכבדין בין המטות – where they eat there and it is customary for them to recline on the couches and eat.
3.11.2
מוגמר – frankincense on the coals in order to smell it, but to polish the utensils, everyone says that it is prohibited.
3.11.3
מקולס – its legs and its bowels hanging [at its side] outside it when they roast it, and they do it in memory of the Passover offering, as it is written concerning it (Exodus 12:9): “but roasted – head, legs, and entrails -over the fire.” The animal roasted in its entirety with the entrails and legs on the head like this hero with its armaments of war with it. It is an Aramaic translation of “and a copper helmet” is helmet of copper (see Tractate Pesahim 74a where Rabbi Tarfon called it a kid with its helmet on).
3.11.4
וחכמים אוסרים – in all three [they forbid it]; serving food because of they will make holes/indentations, and the frankincense on the coals because it is not a need for every person but only for those who are most indulged or for the person who smells bad and the animal with its legs and bowels hanging [at its side] because it appears like eating Holy Things outside [the Temple] and the Halakha is according to the Sages.
3.12.1
פרתו יוצאת ברצועה בין קרניה – for beauty, and the Sages said that it is a burden and not an ornament for it. And it was not the cow of Rabbi Eleazar ben Azariah, bur of his neighbor. And because he did not protest about it, it is called by his name.
3.12.2
ומקרדין בי"ט – it is a kind of small saw of iron whose teeth are thin. And they rub and saw with it the cattle and even though he makes a wound.
3.12.3
ברחים שלהן – with small [millstones] it is made for that.
3.12.4
מקרצפים – with a wooden saw whose teeth are thick and don’t make a wound.
3.12.5
אף לא מקרצפים – since we decree that currying with a strigil/scratching [for the sake of] currying/scraping (which wound the skin). And the Halakha is not according to Rabbi Eleazar ben Azariah. But, rub and saw the cattle only with a small saw of iron because through it we can fulfill the approach of Rabbi Shimon who stated that a thing without intention is permitted and we hold like him. But the Sages dispute him and hold like Rabbi Yehuda who stated that a thing where he doesn’t have an intention is prohibited, but the Halakha is not like this.
4.1.1
ביצה שנולדה ביום טוב – we are dealing with the Holy Day [that occurs] right after Shabbat, and the reason for the School of Hillel is that they say that a person should not eat it (i.e., an egg) because every egg that is born/hatched today, it was completed the day before and it is found that Shabbat is preparing for the Holy Day. And the Torah states (Exodus 16:5): “But on the sixth day, when they apportion [what they have brought in, it shall prove to be double the amount they gather each day].” But a regular “Friday” is a secular/non-holy day. One can prepare on a non-sacred day for Shabbat, and one can prepare on a non-sacred day for the Holy Day and the Holy Day is called “Shabbat,” but on a Holy Day, one cannot prepare for the Shabbat, nor can one prepare on the Sabbath for a Holy Day, and the preparation of an egg, even though it is in the hands of Heaven, is called “preparation.”
4.1.2
שאור בכזית – in regards to eating, the whole world doesn’t disagrees that both {the Schools of Hillel and Shammai) agree that the minimum [prohibited amount of leaven] is an olive’s bulk, since the Biblical verse begins with leaven (Exodus 12:19): “No leaven shall be found in your houses [for seven days]…” and it (i.e., the verse) concludes (ibid.): “For whoever eats what is leavened,” to inform you that leaven is equivalent to Hametz, just as the one, so is the other. But they dispute regarding getting rid of it. The School of Shammai holds that since the All-Merciful wrote concerning both “leaven and Hametz,” we learn from it that the measure of one is not the same as the measure of the other, and we don’t derive getting rid of it from [the prohibition of] eating of it. But the School of Hillel holds that we do derive getting rid of [Hametz] from [the prohibition of] eating of it.
4.2.1
הכל מודים שהוא מותרת – for it known that the fetus completed its months.
4.2.2
ואפרוח שיצא – everyone admits/agrees that it is prohibited because of the moving creatures of the birds.
4.2.3
השוחט חיה ועוף (this part of the Mishnah is also taught in Tractate Betzah, Chapter 1, Mishnah 2) – who comes to slaughter beasts and fowl on Holy Days and they took counsel in the Jewish court how one might do this.
4.2.4
ב"ש אומרים – The Jewish court teaches him that he may slaughter [the animal] ab initio and dig with a mattock/pronged-tool stuck into the ground that he has while it is still daylight, that is to say, he should from the place where it is stuck and bring up dirt and cover it (i.e., the blood]. And we are speaking of that which is stuck in crushed/loose earth that is suitable for covering which is not lacking crushing/pounding.
4.2.5
דקר – a peg which we stick into the ground; the language of (Numbers 25:8): “[He followed the Israelite into the chamber] and stabbed both of them…”
4.2.6
שאפר כירה מוכן הוא – it does not refer to the matters of the Schools of Shammai and Hillel but rather it is an independent matter of its own and this is how it should be understood: the ashes of the stove may be regarded as set in readiness. And it is not taught that it was heated from the Eve of the Holy Day, but if it was heated on the Holy Day, it is prohibited as we cannot say that from the day before, our mind was upon it. And if it is appropriate to roast an egg in it, for still there are hot ashes/embers, it is permitted to cover it. Since one can turn it over to roast it an egg, we can take it also and cover it.
4.3.1
הבקר לעניים הבקר (this Mishnah is also taught in Tractate Peah, Chapter 6, Mishnah 1)– he who renounced ownership for the poor but not for the rich, the law of renunciation applies to him, and he is not liable for gleanings, forgotten produce, the corner or the field nor for tithes, as it is written (Leviticus 19:10): ”[You shall not pick your vineyard bare, or gather the fallen fruit of your vineyard;] you shall leave them for the poor and the stranger…” What is the meaning of “you shall leave them?” It teaches about another form of leaving, that is renunciation of ownership like this, just as it is for the poor and not for the rich, so renunciation of ownership is for the poor and not for the rich.
4.3.2
עד שיפקיר אף לעשירים כשמטה – as it is written (Exodus 23:11): “But in the seventh you shall let it rest and lie fallow…” What does it mean “and lie fallow?” It comes to teach on another form of lying fallow, that is, a renunciation of ownership which is like the Seventh year. Just as the Seventh year is for the poor and for the rich, so too, renunciation of ownership is for the poor and for the rich.
4.3.3
כל עומרי השדה של קב קב – if each of all the sheaves in the field were one kab, and one was four kabim and he forgot that one, that is forgetting. More than this, it is not forgetting, and similarly, if all the sheaves were two kabs and one was eight kabs and he forgot it, that is also forgetfulness. More than this is not forgetfulness.
4.4.1
לגפה (this Mishnah is also taught in Tractate Peah, Chapter 6, Mishnah 2) – a fence of stones set up one on top of the other without plaster.
4.4.2
ולכלים – the utensil of the plough
4.4.3
ב"ש אומרים אינו שכחה – The dispute of the Schools of Shammai and Hillel regarding sheaves that taken possession of to be brought into the city and he placed it at the side of the wall or on the side of the stack and forgot it there. For the School of Shammai states that it is not something forgotten, for he merited it. But the School of Hillel states that it is something forgotten. Another interpretation: The School of Shammai states that it is [not] something forgotten, even sheaves that were taken possession of as such at all, it is not something forgotten, for since he placed them at some specific thing that he would in the future remember it. But the School of Hillel states that it is something forgotten all the while that he didn’t take possession of them. But the School of Hillel admits that if he took possession of them and afterwards forgot it, it is not something forgotten
4.5.1
כרם רבעי (this Mishnah is also taught in Tractate Peah, Chapter 7, Mishnah 6 and also in Tractate Ma’aser Sheni, Chapter 5, Mishnah 3) – which needs redemption if he comes to eat it outside of Jerusalem and the same law applies to all fruit-bearing trees.

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