Bartenura on Mishnah Makkot

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Nezikin · 148 sections

3.6.2
כתב – on his skin with ink or with ink or powder used for painting the eye-lids but he did not scrape with a knife [on his skin] , or he scraped with a knife but did not fill it with ink or powder used for painting the eye-lids, he is not liable.
3.6.3
עד שיכתוב ויקעקע – he took the language of the Bible, as it is written (Leviticus 19:28): “or incise any marks;” writing at the beginning and incision at the end, but always, it is the incision first and the writing afterwards, and the Bible implies this, and the writing within the incision “incise [any marks] on yourselves.”
3.6.4
שיכתוב שם השם – In the Gemara (Makkot 21a) that it is the name of idolatry is mentioned, and that is how the Biblical verse is interpreted: “on yourselves,” the name of idolatry, “for I am the LORD,” and others cannot form a partnership with me, but the Halakha is not according to Rabbi Shimon.
3.7.1
אינו חייב אלא אחת – on what he drank within as much time as is needed for an utterance (i.e., a greeting traditionally understood as the ability to say to his Rabbi, "שלום עליך רבי ומורי" /“peace to you, my teacher and Rabbi”) of a warning, and if there was before him a utensil that contained several quarter Logs of wine (i.e., a Log is equal to the volume of six eggs), and they said to him: “Don’t drink this utensil which has such-and-such measurements for you will be flogged such-and-such floggings, and he is liable for each and every measurement, even though they did not wan him other than once.
3.8.1
והוא פושט ולובש – but not stretching completely, but since he stuck out his head and returned it, he is liable. And in the Gemara (Talmud Makkot 21b), he did not actually stretch out, but delayed between each warning to take it off and to put on [clothing of mixed seeds] , and he is like someone who takes them off and ten once again puts them on, and he is liable for each and every warning.
3.9.1
תלם אחת – one row of a field (when one ploughs one furrow)
3.9.2
וחייב עליו משום שמונה לאוין – and he had been warned on all of them.
3.9.3
והן מקודשים – the ox which is dedicated for sacrifice, and a donkey which is of the offerings of Temple repair (see Mishnah Temurah, Chapter 1, Mishnah 6). And the ox has the negative commandment [associated with it] of (Deuteronomy 15:19): “you must not work your firstling ox,” and regarding the donkey, there is a warning of religious sacrilege and we derive it from the [repetition of the word]: חטא "חטא" – from Priest’s Due/Terumah, and the negative commandment (Deuteronomy 22:10): “You shall not plow with an ox and an ass together.” We have here three negative commandments.
3.9.4
וכלאים בכרם – on account that he ploughs, he covers up the wheat and barley and pomace of kernels (or shell of grapes) in the dust, and transgresses because of [the Biblical verse] (Deuteronomy 22:9): “You shall not sow your vineyard with a second kind of seed,” and we have established that he who covers up mixed seeds is flogged, and even though he did not sow them, but ploughs dust on them, that is four negative commandments. But Maimonides thought that mixed seeds in a vineyard is two negative commandments: one because of mixed seeds, which are two kinds of seeds – wheat and barley, and one because of mixed seeds in a vineyard because of the shell of grapes, but the Holy Things of an ox and a donkey are not considered other than being one negative commandment.
3.9.5
שביעית – (Leviticus 25:4): “A sabbath of the LORD: you shall not sow your field…”
3.9.6
ויו"ט – (Leviticus 23:36): “You shall not work at your occupations” (see also: Leviticus 23: 7,21,25 for similar usage of this phrase).
3.9.7
כהן ונזיר – and he is in a cemetery, and he is transgressing (Leviticus 21:2): “None shall defile himself for any [dead] person among his kin” that is mentioned in [the chapter of the laws concerning] the Kohanim (Leviticus chapter 21)., and (Numbers 6:6): “He shall not go in where there is a dead person” which is stated in regard to the Nazirite (Numbers, chapter 6).
3.9.8
אף הלובש כלאים – at the time when he is ploughing.
3.9.9
אינו מן השם – the negative of commandment of wearing [garments made] of mixed seeds is not for the one who ploughs a furrow.
3.9.10
אף כהן ונזיר – which is considered a negative commandment, is not for ploughing, but for walking to an impure place. However, the first Tanna considers them included in the negative commandments of the person who ploughs a furrow, because he cannot plow with oxen other than if he walks with them and leads them.
3.10.1
מנין שהוא סמוך לארבעים – that causes to say afterwards “forty,” which is thirty nine. If the Torah had written: “Forty in number,” I would think that forty is the number. Now that it is written (Deuteronomy 25:2-3): “by count” (verse 2) and “Up to forty” (verse 3), it is the number that causes one to say after it “forty,” that is, “thirty-nine.”
3.10.2
והיכן הוא לוקה את היתירה – that is not worthy to be divisible by three, for thirty-nine is worthy of being divided by three, one third in his front, and two thirds – one on this shoulder and one on the other shoulder. And this of forty – how would he flog it?
3.10.3
בין כתפיו – But the Halakha is not according to Rabbi Yehuda.
3.11.1
אין אומדין אותו וכו' – for all who are flogged in the Jewish court, it was necessary to estimate at the beginning so that he would not die as a result of the beatings, since it is written (Deuteronomy 25:3): “He may be given up to [forty lashes], but not more, lest being flogged further” for if he must lessen it, they lessen it.
3.11.2
אלא במכות הראויות להשתלש – and we never add to the estimate.
3.11.3
אמדוהו לקבל ארבעים – minus one, but he used the language of the Bible.
3.11.4
אמדוהו אומד אחד – for two sets of floggings, such as they estimated for him to receive forty-two [floggings].
3.11.5
ואם לאו – that they only estimated for him to received only for one set of floggings.
3.12.1
על העמוד – which is stuck in the ground upright and tall in order to lean upon it.
3.12.2
וחזן – the sexton who is the agent of the Jewish court.
3.12.3
נפרמו – the threads of the seam were torn.
3.12.4
מאחוריו – of the person being flogged.
3.12.5
ורצועה של עגל – as it states (Deuteronomy 25:3): “He may be given up to forty lashes” and near it (Deuteronomy 25:4): “You shall not muzzle an ox while it is threshing.”
3.12.6
כפולה לשנים ושנים לארבעה – four straps sewed on one top of the other.
3.12.7
ושתי רצועות – thin of a donkey
3.12.8
עולות ויורדות בה – like the horse-cover of a saddle, and the reason is because it is written (Isaiah 1:2): “An ox knows its master, an ass its master’s crib; [Israel does not know, My people takes no thought].” God said (Makkot 23a) that a person who recognizes his master’s crib should settle with him who does not recognize his master’s crib.”
3.13.1
ידה טפח – the handle that the strap is hanging from, is the length of a hand-breadth.
3.13.2
ורחבה – of the strap of the calf is a hand-breadth.
3.13.3
וראשה מגעת על פי כריסו – for that reason, there must be in the handle of the strap a hole, that the sexton who flogs can lengthen or shorten the strap as he wishes, for we do not flog a person other than with a strap whose head reaches the belly which is his navel.
3.13.4
שליש מלפניו – as it is written (Deuteronomy 25:2): “and be given lashes in his presence, [by count] as his guilt warrants” – “in his presence (i.e., in his front) as his guilt warrants” – one, and from his back – two. מלפניו – on his heart. מאחריו – one-third on this shoulder and one-third on the other shoulder.
3.13.5
מכה בידו אחת – but when he lifts the strap, he lifts it with his two hands.
3.13.6
כבל כחו – as it is written (Deuteronomy 25:3): “to excess, [your brother be degraded before your eyes].”
3.14.1
והקורא קורא – as it is written (Leviticus 19:20): “there shall be indemnity; [they shall not, however, be put to death…”through reading it shall be, for we read about him (Deuteronomy 28:58): “If you fail to observe faithfully [all the terms of this Teaching that are written in this book]…etc.” The greatest of the judges reads [the Biblical text of Deuteronomy 28:58-59) and the one next to him counts and the third states after each beating [what has occurred]. And it is a Mitzvah upon the reader to shorten and to complete the Biblical verses following the flogging, and if he didn’t shorten, he returns and reads it a second time and hurries to read and to complete when the flogger completes his floggings (Makkot 23a).
3.14.2
ואם מת תחת ידו פטור – because he beats him with permission
3.14.3
הוסיף לו – such as the case where he made an error in the counting.
3.14.4
נתקלקל – as a result of the beatings, feces came out.
3.14.5
פטור – as it is written (Deuteronomy 25:3): “your brother be degraded before your eyes,” for he became degraded when he became soiled.
3.14.6
ואשה אף במים – since her shame is greater. And the Halakha is not according to Rabbi Yehuda.
3.15.1
נפטרו מידי כריתתן – if they did returned in repentance.
3.15.2
העושה מצוה אחת על אחת כמה וכמה – there are those who interpret this – that it is speaking of all those who are liable for extirpation who were flogged, for whomever accepted upon himself the judgement and performed a Mitzvah when he was flogged, all the more so that his soul will be saved for him and that he will be exempt from extirpation, for he has one good measure [in his favor] over and above the measure for retribution. And there are those who interpret that this is for itself – to inform the giving of reward [for the performance] of the commandments, all the more so, from the punishment for transgressions.
3.15.3
ממקומו הוא למד – from those liable for extirpation, that we speak about them we learn that he who sits and does not commit a sin, we credit him for a reward as one who performs a Mitzvah (see Mishnah Avot, Chapter 2, Mishnah 2), as it is written concerning the laws of incest (Leviticus 18:29): “such persons shall be cut off [from their people].” And it states (Leviticus 18:5): “[You shall keep My laws and My rules,] by the pursuit of which man shall live: [I am the LORD].” And near it (verse 6): “None of you shall come near anyone of his own flesh [to uncover nakedness: I am the LORD].” Behold that a person who sits and does not uncover the nakedness [of one of his forbidden relations], the Written Torah calls him that he has performed a Mitzvah, and it is written concerning him (verse 5), “of which a man shall live.” In the same manner that [the Torah] punishes with extirpation for someone who commits a transgression, and this specifically regarding one who has the opportunity to sin and he conquers his [negative] impulse and doesn’t do it, is like Joseph the Righteous and others like him.
3.16.1
לפיכך הרבה להם תורה ומצות – such as the portions of forbidden animals and reptiles (i.e., all kinds of forbidden foods – see Mishnah Sanhedrin Chapter 8, Mishnah 2 and Mishnah Niddah Chapter 3, Mishnah 2), in order to increase the reward when they abstain from them, for even though without that, they would not eat them since the soul of man detests them.
3.16.2
למען צדקו – to make the Jewish people virtuous and to make them worthy [of Divine favor].

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