Bartenura on Mishnah Maasrot

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Zeraim · 236 sections

2.8.3
לא איכל בבנות שבע – as it is written (Deuteronomy 23:25): “When you enter another man’s vineyard and you eat as many grapes,” what does the inference teach us, “you eat grapes,” for don’t we know that there isn’t anything in a vineyard other than grapes? From here, if he was working with figs, he should not eat grapes.
2.8.4
אבל מונע את עצמו – a worker is permitted to prevent himself that he should not eat a the time that he is working with the bad ones until he reaches to good ones, and he eats from the good ones that which he could have eaten from the bad ones.
2.8.5
זה לאכול וזה לאכול – you should eat from my figs and I will eat from yours.
2.8.7
זה לאכול וזה לקצות – you eat from my fig-harvest that are spread out to dry or the cut pieces with the tool for cutting fig-cakes (i.e., the knife or saw) and I eat from your fig-harvest; in each of these there is a purchase and it establishes [the obligation] for tithing.
2.8.8
המחליף לאכול חייב, לקצות פטור – for a purchase does not establish the thing where the work had not been completed. Therefore, these fig-harvests where their work was not completed, the purchase does not establish them [as liable for tithing] and the Halakha is according to Rabbi Yehuda.
3.1.1
המעביר תאנים – on the path of his courtyard, to bring them to a place where they do the fig-harvest.
3.1.2
אוכלין ופטורין – since the courtyard does not establish [as liable for] tithing, for its work had not been completed. But he is forbidden to eat other than in the place where they do the fig-harvest/fig-packing, because in his place, it is recognized that the work had not been completed and when he is not in his place, it is not recognized. But his children are permitted [to eat] even in the place where they don’t do the fig-harvest, for it is not dependent upon them to change their mind, and since the knowledge of their father is to make of them a fig-harvest/fig-packing, they are permitted [to eat], but he who is in his hand to change his mind is not permitted [to eat] other than in the place where they make the fig-harvest/fig-packing.
3.1.3
אבל אם יש להם עליו מזונות – that he cut for them, and they don’t eat from the laws of the Torah, since that it is not the completion of the work, for he did not hire them other than to transfer them to the place where they perform the fig-harvest/fig-packing.
3.1.4
הרי אלו לא יאכלו – for it is a transaction, and concerning the purchaser, it is considered like the work had been completed, for the eyes of the purchaser are upon his purchase.
3.2.1
המוציא פועליו לשדה – to another labor and not to harvest, fruit that now they don’t eat from the laws of the Torah.
3.2.2
אוכלין ופטורין – if he gave to them, for a gift is not like a sale.
3.2.3
ואם יש להן עליו מזונות – that he cut for them.
3.2.4
אוכלין אחת וכו' – for it is not fixed.
3.2.5
ולא מן המוקצה – a pile of figs.
3.3.1
לעשות בזיתים – to hoe and to cover up the roots of olive trees under the olives, but not to harvest, for now, he does not eat from the laws of the Torah.
3.3.2
ואם צירף – two together, he liable, for this is something fixed/established.
3.3.3
לנכש בבצלים – to uproot the bad grasses that grow within the onions.
3.3.4
מקרסם – to cut, and it is similar to (Psalms 80:14): “wild boards gnaw at it [and creatures of the field feed on it?]”
3.4.1
ואפילו בצד שדה קציעות -for the matter is proved that from this field they fell, and even so, they are permitted because of theft, for in general, the owners despaired from [finding] them.
3.4.2
ופטורות מן המעשר – like the law of renunciation of ownership.
3.4.3
ובזיתים ובחרובים חייבים – because the owners do not despair of [recovering] them, for their appearance proves to them that they fell from this tree. But figs with their falling are repulsive and it is not known from which tree it is.
3.4.4
אם דרסו רוב דם – if most people of that city already tread their dried figs in their fields, they can say that this is from their treading, and their work was already completed, and it is obligated to tithe.
3.4.5
פלחי דבילה – after they were trodden in a round cake, they divide the cake into several segments/slices, and there is in a slice many cakes of figs stuck to each other.
3.4.6
עד שלא כנסן לראש הגג – to make of them a pile, and that is their harvesting time to make them liable to tithes, as is taught in the Mishnayot (2-7) in the first chapter.
3.4.7
מוריד מהן לבהמה – but he cannot eat them, for we don’t consume on the stored objects other than in their place, meaning to say, the fruit, when we spread them out to dry, that their work was not completed, we don’t eat from them other than in their place, for when they are not in their place, it is not recognized that their work was not completed, but, however, when you feed from them to the cattle, even not in their place, because the carobs are not food for cattle, it is well knwn that their work was not completed and they have not dried out completely.
3.4.8
מפני שהוא מחזיר את המותר – to the place that he stretched them out to dry, and wherever its surplus returns, it is not made obligatory for the setting aside of tithes.
3.5.1
היזו היא חצר שחייבת במעשר – that establishes [liability] for tithing like a house.
3.5.2
חצר צורית – for in Tzur, they would place a guard at the entrance of the courtyard.
3.5.3
כל שאחד פותח ואחד נועל – such as, for example in the courtyard, two houses for two people. When one of them opens the entrance to the courtyard, the second comes and locks it. And when one locks, it, the second protests with his hand and opens it. It is found that the courtyard is not guarded.
3.5.4
ואין אומרים לו מה אתה מבקש פטורה – and even though he is not embarrassed to eat within it.
3.5.5
והחיצונה פטורה – since there is in the internal section entering one’s ground, it is not guarded, and we hold that the Halakha is according to all of them for stringency.
3.6.1
אע"פ שהן של חצר חייבת – and the brings up the fruit/produce to the roof through the courtyard, even though it doesn’t make it obligatory for the setting aside of tithes, since for at the time that he brought them into the courtyard, it was his intention to raise them and to eat the on the roof. And these words apply when there is a on the roof four cubits by four cubits, but if there isn’t four cubits by four cubits on the roof, it is nullified regarding the courtyard.
3.6.2
בית שער – near the entrance to the courtyard.
3.6.3
אכסדרה – surrounded by three partitions and from a beam above.
3.6.4
מרפסת – a place in front of the upper chambers, and they go out from the upper chambers to the balcony and from the balcony they descend by ladder to the courtyard.
3.7.1
הצריפים – they lack a roof, but the beams above approach each other and become wider and enlarged downward.
3.7.2
הבורגנים (turrets) – like kinds of dove-cotes, made in the fields to store in them the fruit/produce.
3.7.3
והאלקטיות (sheds) – booths that they make during the hot days for shade; It is the Aramaic Targum for summer (sun-dried [fruits]).
3.7.4
סכת גינוסר- the Sea of Galilee we translate [into Aramaic] as Ginosar, and it is a place in the Land of Israel that its fruits are plentiful and good, and its drwellers make booths and dwell in them during the season of the fruits.
3.7.5
אע"פ שיש שם רחים ותרנגולים – it is not fixed/established [for liability for tithing].
3.7.6
סוכת היוצרים – it is customary to make two booths, one inside the other; in the inner one they hide their pots/dishes, and dwell there, and in the outer one, they do their work and sell their dishes.
3.7.7
כל שאינה דירת החמה ודירת הגשמים – and the inner booth, the creator does not dwell there during the rainy season, therefore it is exempt [from being liable for tithing]. But the Halakha is not according to Rabbi Yosi.
3.7.8
רבי יהודה מחייב – Rabbi Yehuda according to his reasoning who holds that we require that the Sukkah is a permanent dwelling and is liable for a Mezuzah. But the Halakha is not according to Rabbi Yehuda.
3.8.1
תאנה שהיא עומדת בחצר – a fig tree that stands in the courtyard, and the courtyard establishes [liability] for tithing.
3.8.2
ואם צירף – two [together], he is liable [to tithe].
3.8.3
ר"ש אומר אחת בימינו – even three in a case like this, is not a combination, and is permitted, but the Halakha is not according to Rabbi Shimon.
3.8.4
עלה לראשה – to the top of the fig [tree].
3.8.5
ממלא חיקו ואוכל – there, and as long as he doesn’t bring it down to the courtyard.
3.9.1
נוטל את האשכול – he eats in his normal manner and he doesn’t need to pick single berries, and similarly with pomegranates, he does not need to eat single grapes, and similarly, with a melon, he does not need to eat a slice, that is to cut thin slices.
3.9.2
ר"ע אומר – and the Halakha is according to Rabbi Akiva.
3.9.3
כוסבר – this is its name in Arabic and it is coriander seed.
3.9.4
מקרסם – cut/sever.
3.9.5
סיאה – in Arabic PUDNAG, and in the foreign language POLIO.
3.9.7
הקורנית – in Arabic CHASHA, and in the foreign language SHADRIAH.
3.9.8
אם היו נשמרים חייבים – for there is no liability for tithing other than eating and something guarded.
3.10.1
אוכל כדרכו – from the branches/bough that stands in the garden.
3.10.2
אוכל אחת אחת – from the branch that extends to the courtyard
3.10.3
ואם צירף – two [figs together], he is liable [for tithing].
3.10.4
הכל הולך אחר העיקר – for we cast the bough after its root, which is the place of the absorbing of the tree.
3.10.5
ובבתי ערי חומה הכל הולך אחר העיקר – even the bough/branch that extends outside the wall, if he did not redeem it within the year, it becomes permanently irredeemable/sold, as if it was within the wall, since the root of the tree is within the wall.
3.10.6
ובערי מקלט הכל הולך אחר הנוף – even after the bough/branch, it is stated, for if its root is inside within the wall of the city of refuge and its bough extends outside the border, for just as at its root, the blood avenger is not able to kill the murderer through its bough, he also is not able to kill him for we cast the bough after its root, but if its root is outside and its bough is inside, just as that with its bough he is not able to kill him, with its root, he also is not able to kill him, for we cast its root after its bough for stringency. And similarly in Jerusalem, he follow after the bough regarding the Second Tithe, that is also for stringency, for its root is outside and its bough is inside, just as with its bough, he is not able to redeem, for pure tithes are redeemed within Jerusalem by its roots, he also would not abe able to redeem it, but if its root is inside and its bough is outside, just as that in the place of its bough, he is not able to eat it without redeeming it, for it is outside of Jerusalem, so here too, in a place where its root, even though it is inside, he is not able to eat it without redemption.
4.1.1
הכובש (press/pickle) – vegetables or olives with vinegar or with wine, and similarly who boils or salts, even in the field he is obligated [to tithe]. For the flame and the salt and the business transaction and the heave-offering and the Sabbath and the courtyard guard it, each one of these establishes [the liability] for tithing.
4.1.2
המכמן באדמה (hide fruits in the ground) – he who stores away produce under the ground in the manner that they customarily hide fruit that are not ripened all their need in order that they can [fully] ripen.
4.1.3
והמטבל (and one who seasons) – produce with salt or with brine or with vinegar and consumes it is exempt [from giving tithes], and it does not establish it [as liable] for tithing like one who pickles or salts, but rather, he eats from them an incidental meal/snack and is exempt from tithing.
4.1.4
הפוצע זיתים – crushes and pounds hem in order that their vegetable sap/resin should depart, which is their bitterness.
4.1.5
הסוחט זיתים על בשרו – to rub his body.
4.1.6
לתוך ידו חייב – for what he put into his hand is considered as if he put it into a small pit, which is that pit that the wine and the oil descend into.
4.1.7
המקפה לתבשיל (he skims [a ladle of wine for use] in a stew) – he draws refuse that the wine brings up at the time of its boiling is called pulp, and if after he placed the wine in the cooked dish , he removed from it the exterior husks and the interior pomace that float above, this is the incidental froth and does not establish [liability for] tithing like the rest of the froth of wine in general, and we are speaking regarding a cold cooked dish, for itf it was a boiling cooked dish, we would say that the flame established [the liability for tithing, and without the froth, it would be established [liable for] tithing , on account of he flame.
4.1.8
לקדרה – an empty [pot], before that he put into it the cooked dish, he placed in it the wine and skimmed it, it wold be like he is skimming in a small pit and he is liable [for tithing].
4.2.1
תינוקות שטמנו תאנים – in the field, for if it were in the house, not on Shabbat, the house would establish it [for liability] for tithing. And it (i.e., the Mishnah) took [the word] “children/תינוקות “ to inform us that they have a recognized thought-pattern through their actions.
4.2.2
לא יאכלו למוצ"ש – for since the Sabbath established them for [liability for] tithing, it is forbidden forever until they tithe.
4.2.3
כלכלת שבת – a basket filled with chosen fruits designated for use on Shabbat.
4.2.4
וב"ה מחייבין – [to be liable for] tithing immediately, even prior to the sabbath, for since they were designated for the Sabbath, they were established [as liable for tithing] immediately.
4.2.5
לשלוח לחבירו – it was made iiable for setting aside of tithes immediately, and he may not eat an incidental meal until he tithes, and even if they had not been sent, because since he designated it to be sent, he is stringent upon it like with a basket designated for the Sabbath, but the Halakha is not according to Rabbi Yehuda.
4.3.1
המעטן (vat or pit where olives are packed until they form a viscid mass) – place where pile upolives in order that they are softened and appropriate to extract their oil.
4.3.2
טובל אחד אחד במלח – for it does not establish [as liable for tithing] other than with salt and in a combination of two, therefore, if he salted it and placed it before him, he is liable [for tithing].
4.3.3
מן המעטן הטהור חייב – as, for example, that a person who takes them is ritually impure, for it is impossible for him to return the surplus, for all those that he has taken have become ritually defiled in his hand.
4.3.4
מן הטמא פטור – for since the vat/pit where the olives are packed is all ritually impure [and the person] who takes them is ritually impure, he is return the surplus.
4.4.1
שותין על הגת – and as for example, when he brought his head and most of his body inside, for one cannot make a decree lest he bring the utensil to him and he drinks outside of the winepress.
4.4.3
ר"א ב"ר צדוק מחייב – for he decreed lest he he take out from wine outside of the winepress.
4.4.4
על החמין חייב – which establishes it [as liable for tithing], because e is not able to return the surplus for he has ruined the wine that is in the winepress, but if he poured with cold [wine], he exempt for he can return the surplus, and the Halakha is according to the Sages.
4.5.1
המקלף – he removes their husks.
4.5.2
מקלף אחת אחת – one piece of barley and especially when he is not near the threshing floor/granary, but if he was near the threshing floor/granary, even if he peeled more, he is exempt [from liability for tithing] because he can return the surplus.
4.5.4
מנפה [winnows] – to produce the chaff.
4.5.5
מיד ליד – he empties them from one hand to the other hand [and eats them without tithing].
4.5.6
ירקה פטור - for the seed is the essence and the herb (foliage/leaves) is not considered [important for tithing] unless he intended to use the herbs (foliage/leaves) [if they are to be eaten].
4.5.7
מתעשרת זרע וירק – he is liable to tithe whether he ate the seed or whether he ate the leaves, the foliage as they exist.
4.5.8
השבת (dill)– such is its name in Arabic and in the foreign tongue ANITO.
4.5.9
וזירים (pods) – vine-shoots, and even if he merely sowed, he tithes the seed, the herb {foliage/leaves) and the pods, because dills make long vine-shoots , but the coriander, one does no tithe the pods unless he sowed first for the pods.
4.5.11
השחלים (cress) – in Arabic HAB AT SHAR, and in the foreign tongue, KRISHON.
4.5.12
הגרגיר – this is its name in Arabic, and in the foreign tongue, IROGA, and the Halakha is according to the Sages.
4.6.1
התמרות של תלתן – there are those who explain it as sprouts of fenugreek, similar to what vines have and they are eaten. And there are those wo interpret that when the calyx/capsule of plants begins to grow, it appears in the place of its growth like a sort of thick berry, and it is called a fruit-like excrescence on leaves, berry as we state [Tractate Sukkah 33a] concerning the myrtle whose head is lopped off and an excrescence ascended upon it, and on fenugreek and mustard seed and white bean, they are considered food.
4.6.2
הצלף (caper-bush/tree) – KAPRI – in the foreign language.
4.6.3
תמרות – the sprouts that are on it, and there are those who interpret, the flower.
4.6.4
האביונות (caper-tree/caper berry) – which is the essence of the fruit, and the flowers of the caper-bush which protect the fruit.
4.6.5
ר"ע וכו' – and the Halakha is according to Rabbi Akiva.
5.1.1
העוקר שתלים –[he who uproots/takes out] shoots/young plants after they have sprouted and grown a bit, they uproot them and plant them in another place and they thicken and extend and grow there.
5.1.2
פטור – even though they have seen the presence of the house, because they their work has not yet been completed.
5.1.3
לקח במחובר לקרקע – he who purchases produce/fruit which are attached is exempt [from tithing] for the purchase does not establish [liability for separating] tithes but rather when one purchases that which is detached [from the ground], and not when it is attached.
5.1.4
לקט – plants to send to his colleague, he is exempt [from tithing].

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