Bartenura on Mishnah Maaser Sheni

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3.6.1
שנגמרה מלאכתן – for tithing, as is taught in the first chapter of [Tractate] Maaserot (Mishnah 5): “When is their harvesting time to make them liable for tithing?”
3.6.2
ועברו בתוך ירושלים – while they were still forbidden eatables, pending the separation of Levitical and priestly gifts (טבל).
3.6.3
יחזור מעשר שני שלהן – he should return their Second Tithes, for he holds that gifts that were not separated as offering (i.e., to be consecrated), are also like those which were consecrated, the sacred precincts [of Jerusalem] have retained it (and it cannot be redeemed and taken out of Jerusalem again – see Makkot 19b) for Second Tithe.
3.6.4
ושלא נגמרה מלאכתן – such as baskets of grapes for the vat for wine pressing, etc., but baskets of grapes for eating, have been completely harvested.
3.6.5
למוקצה – a place where we spread the dates out to dry which is called the storage of fruits/מוקצה.
3.6.6
רבי שמעון בן יהודה אומר וכו' – He thinks that according to the School of Hillel, gifts that were not separated as offering (i.e., to be consecrated) are not like similar to those which were consecrated; alternatively, even if they were similar to those consecrated, these words refer to [the matter] of the remainder of things, but since the matter of the sacred precincts [of Jerusalem] retaining them is Rabbinic, the School of Hillel is liberal. But the Halakha is according to Rabbi Shimon ben Yehuda, for the Schools of Shammai and Hillel did not disagree other than on fruit which had not completely harvested, according to the words of the First Tanna/teacher of the Mishnah.
3.6.7
והדמאי – eatables forbidden pending the separation of sacred gifts that had been doubtfully tithed.
3.6.8
נכנס – to Jerusalem
3.6.9
ויוצא ונפדה – outside of Jerusalem after it had left, and one is not required to return it [to Jerusalem]. And this concluding segment of the Mishnah, according to the first teacher [of the Mishnah] is necdssary and is according to the School of Hillel.
3.7.1
בפנים – from the wall [towards the inside]
3.7.2
ונוטה לחץ – towards the wall of Jerusalem
3.7.3
מכנגד החומה ולפנים כלפנים – for between the branches of the tree or the root of the tree which is against the wall and inside is considered like it is inside [the wall] and we eat there the Second Tithe and do not redeem it; and between the branches of the tree and the root which is against the wall and outside is considered as outside, and we redeem there the Second Tithe and do not eat it. And this is what is taught in the third chapter of Ma’aserot (Mishnah 10) and in Jerusalem, everything follows after the branches, that is to say, even after the branch.
3.7.4
בתי הבדים – [in the building containing the tank and all implements for pressing olives] which stores in them oil, and they would regularly make these buildings in the walls of the capital.
3.7.5
שפתחיהן לפנים – [inside] from the walls of Jerusalem and those are outside the walls of Jerusalem
3.7.6
מכנגד החומה ולפנים כלפנים – and we eat there the Second Tithe and the lesser holy things, and we don’t redeem Second Tithe there.
3.7.7
מכנגד החומה ולחוץ כלחוץ – and we do not eat Second Tithe and holy things there, but we redeem Second Tithe there.
3.8.1
הלשכות בנויות בקודש – in the Temple courtyard
3.8.2
ופתוחות לחול – to the Temple Mount
3.8.3
וגגותיהן קודש – and this is that their roofs were even to the surface of the Temple courtyard, such as that the Chamber of the Temple treasury for congregational sacrifices was on the slope of the [Temple] Mount, for if their roofs were not even to the surface of the Temple courtyard, we hold that the upper chambers and the roofs were not sanctified.
3.8.4
תוכן קודש – for the slaughtering of lesser holy things, and for the eating of the Holy of Holies and to be liable for them because of defilement.
3.9.1
באב הטומאה – a reptile and something that died of itself and similar things.
3.9.2
בולד הטומאה – this offspring/secondary cause of the defilement as it is taught in our Mishnah is not the offspring of a defilement that came in contact with the original/direct causes of Levitical uncleanness which is impure from the Torah, but the offspring/secondary cause of defilement is from the Rabbis, such as that which came in contact with utensils that were defiled by liquids.
3.9.3
יפדה – of Second Tithe that was defiled, we redeem it even in Jerusalem, as it is written (Deuteronomy 14:24): “[Should the distance be too great for you,] should you be unable to transport them….” And there is no שאת/transport other than food, as it is written (Genesis 43:34): “Portions were served them from his table; [but Benjamin’s portion was several times that of anyone else]…”.
3.9.4
ויאכל הכל בפנים – that they don’t say we saw Second Tithe that entered into Jerusalem and also went out, because there is a “voice” for [Second] Tithe that leaves, but we should not be fear that when he redeems it, lest they say, “We saw Second Tithe that was redeemed in Jerusalem,” for there is no “voice” for that which is redeemed.
3.9.5
חוץ משנטמא באב הטומאה בחוץ – for since it entered when it was impure, the partition does not absorb it.
3.9.6
חוץ משנטמא בולד הטומאה בפנים – but if it had been defiled with the offspring/secondary cause of the defilement outside [of Jerusalem] even though it was defiled with the offspring/secondary cause of the defilement according to the Rabbis, but from the Torah it is pure, he should eat it outside. And in the Jerusalem Talmud, he establishes it like the case where they brought them in on the condition that the partitions would not absorb it, but if he did not make the condition, since it came into [Jerusalem], behold it is pure according to the Torah and he can eat it inside [Jerusalem].
3.10.1
הלקוח בכסף מעשר שני – produce that was purchased from the monies of Second Tithe
3.10.2
יקבר – since its commandment had been completed and he purchased produce from the Second Tithe monies, he does not have to further redeem it.
3.10.3
שכן נפדה טהור ברחוק מקום – for Second Tithe that is pure, we redeem it outside of Jerusalem, as it is written (Deuteronomy 14:24): “….because the place [which the LORD your God has chosen to establish His name] is far from you….” But that which is purchased with [Second] Tithe money is not redeemed outside of Jerusalem when it is pure, as it is taught in the Mishnah of the first chapter (Mishnah 6), “but if wittingly, it must be brought to the place (i.e., Jerusalem) and eaten there. And the Halakha is not according to Rabbi Yehuda.
3.11.1
על ידי עורו – with its hide
3.11.2
ר' שמעון אומר: יפדה – and in this they disagree, for the first Tanna holds that we do not redeem the the holy things to feed them to dogs, and Rabbi Shimon holds that we redeem the holy things to feed them to dogs. But the Halakha is not according to Rabbi Shimon.
3.11.3
לקחו חי ושחטו ונטמא יפדה – Here, Rabbi Yehuda does not dispute as he disputed about produce that was purchased with the [Second] Tithe money and were defiled, for since it was purchased alive, he lacks the distance [from the Place (i.e., Jerusalem) because he can carry it in any place that he desires. Therefore, it is like Second Tithe itself, and it is redeemed when it becomes defiled in the same manner that Second Tithe is redeemed when it is defiled.
3.11.4
רבי יוסי אומר יקבר – for he is more stringent that Rabbi Yehuda as he holds that even though he purchased it alive, its law is that it is like produce purchased with the money of [Second] Tithe.
3.11.5
לקחו שחוט ונטמא הרי הוא כפירות – And just as the first Tanna and Rabbi Yehuda disagreed above concerning produce purchased with [Second] Tithe money, so too they disagree on this.
3.12.1
המשאיל קנקנים למעשר שני – A person who lends his wine-vessel to bring in wine in them as he already called it by name “Second Tithe.” (see Ma’aser Sheni, Chapter 4, Mishnah 7)
3.12.2
אע"פ שגפן – that he closed their mouths with a stopper after he filled them.
3.12.3
לא קנה מעשר – the wine-vessel was not seized in the holiness of [Second] Tithe.
3.12.4
זלף לתוכן סתם – when he brought in wine of produce prior to the separation of priestly and Levitical gifts.
3.12.5
עד שלא גפן – if he called it by the name, “Second Tithe” before he closed them with a stopper.
3.12.6
אם משגפן – if after he closed them with a stopper, he called it by the name, “[Second] Tithe.”
3.12.7
קנה מעשר – the wine-vessel is seized in the holiness of [Second] Tithe and it requires being redeemed for private use like wine, if he comes to redeem it with silver [money].
3.12.8
עולות באחד ומאה – we are speaking about Priest’s due, if a wine vessel of Priest’s due [wine] was combined with one hundred non-sacred wine-vessels [filled with wine] and their mouths had not been closed with a stopper we consider it as if all of them became combined one with the other, and are neutralized in one-hundred and one according to the law of Priest’s due that was combined with non-sacred [wine].
3.12.9
משגפן מקדשות בכל שהן – and even one in one-thousand is not neutralized and all of it should be sold to a Kohen for the monies of Priest’s due, except for the one of them that Kohen takes without money.
3.12.10
עד שלא גפן תורם מאחת על הכל – and it is considered to be brought near.
3.13.1
מפתה ומערה לגת – if he comes to dedicate from one on the entire after he had sealed them up, he must empty them into the wine-press.
3.13.2
ואינו צריך לערות – and it is enough for them with the opening as it was at first
3.13.3
בד"א – for if after he sealed it up, he called it by the name [Second Tithe], the [Second] Tithe acquired the wine-vessels.
3.13.4
במקום שדרכן למכור סתומות – that in the same manner in Jerusalem, the wine-vessel is secondary to the wine as it is taught in the Mishnah above in the first chapter (Mishnah 3). Therefore, he has also - acquired [Second] Tithe in the country (i.e., outside of Jerusalem and the Temple).
3.13.5
אבל במקום שדרכן למכור פתוחות לא יצא הקנקן לחולין – in Jerusalem. Therefore [in the country] he also did not acquire [Second] Tithe.
3.13.6
אבל אם רצה להחמיר על עצמו למכור במדה – Whomever purchases wine with the monies of Second Tithe in Jerusalem, when the seller comes to sell, if he wants to be stringent with himself and said: “Such-and-such wine with a measure I sell to you for such-and-such monies.
3.13.7
יצא קנקן לחולין – and even if the wine-vessels are closed.
3.13.8
This is how we read it (the Mishnah): ר"ש אמור אף האומר לחברו יין זה אני מוכר לך חוץ מקנקנים יצא קנקן לחולין – And in the Jerusalem Talmud it explains it that Rabbi Shimon refers to that which was taught in the Mishnah above that if he sealed [it], he called it the name “[Second] Tithe}. And we learn that Rabbi Shimon specifically calls all the wine in the wine-vessel by the name “[Second] Tithe,” but if he said: “All he wine is [Second] Tithe except one-fourth, even though when he comes to to measure for his friend that one-fourth, he said to him: “This wine I sell to you except for the wine-vessel that I want to leave for the [Second] Tithe that is in it, nevertheless, the wine-vessel was not made secondary to the Second Tithe, and the wine-vessel is expended for a non-sacred purpose and he does acquire [Second]Tithe.
4.1.1
המוליך – specifically he transgressed and carried. For ab initio, it is prohibited to carry it from place to place, but [rather], he must redeem it in its place or bring it up to Jerusalem.
4.1.2
כשער מקומו – like the market price of the place that he is in at the time of the redemption, whether lenient or stringent.
4.1.3
השבח לשני – what they are worth more in the city, the [increased] profit/gain belongs to the Second Tithe. And what he expended to bring them from the field to the city, he has pay from his estate.
4.2.1
פודין מעשר שני – he can redeem it if he wants according to the cheap market price, as it explains further on.
4.2.3
לא כמות שהוא מוכר – that he sells it at a high price, at more than he had purchased it.
4.2.4
כמות שהשולחני פורט – one who comes to redeem pennies /Perutot of the [Second] Tithe by the Sela (= to two shekels, we calculate the Sela with many Perutot, like this money changer when he comes to purchase Perutot from people , and give to them a Selah that he purchases with many Perutot.
4.2.5
ולא כמות שהוא מצרף – when the money changer gives small change to people in exchange for a Selah (coin of larger value) , he gives them less.
4.2.6
אכסרה – [in a lump/measuring by sight] not by measure nor by weight, but rather how much he gives in this pile or these handfuls.
4.2.7
על פי אחד – with an estimation he takes one
4.2.8
על פי ג' – through experts in estimation, and even if one of them is an idolater, and even if one of them is an owner.
4.2.9
קרם – began to leaven/sour, and another reading is that it developed a pungent taste/soured/קסס – and an example of this is in Bava Batra 93b (also Tosefta Bava Batra 6:6): I accept upon myself ten casks of pungent wine for every one-hundred.
4.3.1
מפני שהוא מוסיף חומש – As it is written (Leviticus 27:31): “If anyone wishes to redeem any of his tithes, [he must add one-fifth to them].” On his own [tithes] he adds one-fifth, but not on those of his fellow.
4.3.2
האיסר – The Issar is one ninety-sixth of a Sela.
4.3.3
מפני שהוא מוסיף על הקרן – and the addition of any amount of the principal is preferred, since upon the one-fifth, one can get around the law with an artifice as its taught in the Mishnah (4) further on.
4.3.4
ובין שנתן לו במתנה – the produce that requires the separation of Levitical and Priestly shares, before one can partake of them, before he separated from them the tithes, he gave him a gift, and even if the Second Tithe of another was separated, we establish according to the one who said that it {Second Tithes] are the money of the All-High (i.e., God) and are not given as gifts.
4.4.1
לעבדו ולשפחתו העברים – for their bodies are not purchased (i.e., “owned”)
4.4.2
ופדה לך – through them – the Second Tithe for yourself.
4.4.3
מפני שידן כידו – for what the servant purchased, the Master purchased. And his minor son also, what he possesses and what he finds [belongs] to his father.
4.5.1
היה עומד בגורן – and he desires to act with subtlety/get around the law by an artifice and to redeem the Second Tithe without [adding] the one-fifth.
4.5.2
ואין בידו מעות – in order that he can give them to his fellow, who will redeem with them the Second Tithe without the one-fifth.
4.5.3
הרי הפירות האלו מתונים לך במתנה – and specifically, that he gave them to him while they were eatables forbidden pending the separation of sacred gifts, prior to his separating the Second Tithe, as we explained above.
4.6.1
משך ממנו מעשר בסלע – A person who sells Second Tithe, in order to make it profane via the monies [acquired] through the sale, and that the monies will be seized for the holiness of the [Second] Tithe, for in this manner, it is permitted to sell it. And as it is taught in the first chapter [Mishnah 1], we don’t sell it, that is to carry it to Jerusalem and not so that the monies will be seized in the holiness of [Second Tithe]. For when he “pulled” the [Second] Tithe to formally acquire it, it was worth a Selah, but he did not have sufficient time to give the money until it stood at two [Selas]. And the [Second] Tithe does not become non-sacred produce until he gives the monies to the seller.
4.6.2
נותן לו סלע – for since he acquired it through “pulling,” and the purchase gains a Sela when it becomes more expensive. But he must redeem it according to the current market price of two Selas. For the [Second] Tithe does not become non-sacred produce until he gives the monies to the seller. But the one Sela’s worth of Second Tithe is his and he consumes it in Jerusalem.
4.6.3
עד שעמד בסלע – and he must give to the seller two Selas that he acquired it through “pulling,” and it is redeemed with one Sela according to the current market price. Therefore, he gives him the monies of a Sela from the monies of his non-sacred produce. And through that, the [Second] Tithe is redeemed. But the second Sela he he gives him from the monies of his own Second Tithe like someone who repays his loan obligation from the monies of Second Tithe, because at the outset of the transaction, he was standing for the fact that the seller would consume two Selas-worth in Jerusalem if it did become cheaper in price.
4.6.4
אם היה עם הארץ נותן לו מדמיו – for if the seller was an ignoramus (i.e., who probably did not tithe), he gives him two Selas from the monies of his non-sacred produce, for we do not transfer monies of [Second] Tithe to an ignoramus. And there are those who read this – from doubtfully-tithed produce, if he has the [Second] Tithe monies from doubtfully-tithed produce, he gives him one Selar from those monies and transfers the monies of the doubtfully-tithed produce to the ignoramus.
4.7.1
ולא קרא שם – he did not say: “this is [the] redemption-money for the Second Tithe.”
4.7.2
צריך לפרש – this is its redemption-monies, and the Halakha is according to Rabbi Yossi.
4.7.3
ולא פירש – he did not say, “This is your Jewish bill of divorce,” or “Behold you are betrothed to me.”
4.7.4
ר' יוסי אומר: דיו – since they were dealing with the same matter and amidst those things , he stood and divorced [her] or betrothed [her], there is no need to explain, and the Halakha is according to Rabbi Yossi.
4.8.1
המניח איסר – to be redeemed upon the produce of Second Tithe, and it was already redeemed.
4.8.2
ואכל עליו חציו והלך למקום אחר – and he carried the Issar with him, and there it is worth a Pundiyon, and at first, he would not leave other than with one-half a Pundiyon, for the Pundiyon is equivalent to two Isaarim. It would be found that according to what he currently goes out with what remains is an Issar of non-sacred produce and therefore he consumes from it another Issar.
4.8.3
אוכל עליו עוד פלג – one-half Issar, and we don’t say that since it is not worth other than an Issar, that he actually ate all of it.
4.8.4
המניח איסר של מעשר שני – in order to eat of it as his non-sacred produce in the sanctity of [Second] Tithe. And he consumes from it until eleven per Issar, and one one-hundredth of an Issar, all of his Issar became non-sacred. But if the Issar was from the Second Tithe monies of that were certainly tithed, and he consumed from that total until there remained in it one out of one-hundred, such as one hundred figs are sold for an Issar, and he consumed ninety-nine of them, all of them became non-sacred produce.
4.8.5
וב"ש אומרים הכל עשרה – One of them was most certainly tithed and another was doubtfully tithed, if there did not remain from that Issar other than one-tenth, it became non-sacred produce., such as the case where there were ten pomegranates that were sold for an Issar, and he consumed nine of them that became non-sacred produce, if there remained additional produce, such as if he had only consumed eight [out of ten], he must consume the corresponding amount.
4.8.6
וב"ה אומרים: - בודאי אחד עשר ובדמאי עשרה – if there remained of the Issar of definitely tithed produce an Issar’s worth eleven, he is obligated to consume another [one part], since all whaich is less than the equivalent of a penny, we are not concerned for him, not for the matter of theft, nor the matter of benefiting from that which is dedicated to the Temple. A Perutah/penny is one-eighth of Italian Issar – hence, one tenth of an Issar is eight tenths of a Perutah which is equal to a Perutah less twenty percent. It turns out that when one adds twenty-percent which is one-quarter from the inside which is equal to one-fifth on he outside, there will be [amongst] everything a penny/Perutah. And therefore, we are concerned for this, for if there will be less than one-tenth, we don’t worry, for even with the addition of an additional fifth there will be in it less than the equivalent value of a Perutah. And therefore, they said, that with a definitively-tithed produce, eleven, and with doubtfully-tithed produce ten, since we are not obligated [an additional] one-fifth on that which is doubtfully-tithed, and the one-tenth is less than the equivalent of a Perutah. And the Halakha is according to the School of Hillel.
4.9.1
כל המעות הנמצאים – in every place whether during the Festival/Sukkot, whether during the rest of the days of the year. And in Jerusalem, on the rest of the days of the years, except for the days of the Festival/Sukkot.
4.9.2
הרי אלו חולין – and we don’t suspect them lest they were monies of the Second Tithe.
4.9.3
אפילו דינר זהב עם הכסף ועם המעות – for there is no way to combine them together. And one can say that these monies of Second Tithe which are accustomed to be redeemed to become secular again with golden dinars and that which remains does not become golden dinars, is redeemed on the silver and that which is left over on copper coins and we combine them together; even so, we don’t suspect.
4.9.4
מצא בתוכן – in the purse or bag in which the money is placed into.
4.10.1
הוא חולין – for it is not the manner of human beings to sanctify earthenware for keeping the Temple in repair. And for the sake of what is in it, it was written.
4.10.2
הוא קרבן – that is to say, that which is dedicated for a sacred purpose, the Temple.
4.10.3
הוליך לתוך קרבן – and it is all a sacrifice, and the Rabbis did not dispute on [the opinion of] Rabbi Yehuda but only about metal alone. But that which is earthenware, they admit that is non-holy/profane and what is inside is a sacrifice. And the Halakha is according to the Sages.
4.11.1
קוף קרבן – it is sacred/Temple property
4.11.2
ד' דמאי – it was taken from an ignoramus [who is not careful with tithing, especially Second Tithe].
4.11.3
בשעת הסכנה – that they decreed to not fulfill the commandments.
4.11.4
שמות בני אדם הן – letters of the beginnings of names; קוף/Kehat; ד'/Daniel; ט'/Tuvia – and all of it is profane.
4.11.5
אשתקד היתה מלאה פירות תרומה ופינה – And the Rabbis hold that if there was emptying of the heave-offering, he would scrape it off and would not leave any heave-offering in it, that is written there. But the Halakha does not follow Rabbi Yosi.
4.12.1
הרי אלו חולין – what he found is non-sacred, for I say that he took Second Tithe.

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