json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Zeraim/Bartenura on Mishnah Orlah/English/merged.json

{
    "title": "Bartenura on Mishnah Orlah",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Orlah",
    "text": [
        [
            [
                "נוטע לסייג – that the tree will be a fence for a vineyard.",
                "לקורות – to grow trees to make of them beams for building, but the essences of its planting is not to eat its fruit.",
                "פטור מן הערלה – as it is written (Leviticus 19:23): “[When you enter the land] and plant any tree for food, [you shall regard its fruit as forbidden].” That which is for food is liable [for Orlah]; for a fence and for beams and for wood it is exempt.",
                "הפנימי למאכל – if he intended that the inner young shoot (especially of a fig-tree) [facing towards the field] will be for food and the outer young shoot [facing away from the field] will be for a fence, even though that everything is [from] one tree, the outer [young shoot] is exempt [from the laws of Orlah]. But the Halakha is not according to Rabbi Yosi."
            ],
            [
                "ומצאו נטוע – he is exempt [from Orlah], as it is written (Leviticus 19:23): “When you enter the land and plant [any tree for food],” excluding that which is planted by idolaters until they (i.e., the Israelites) had not come to the Land.",
                "נטעו – whether an Israelite or an idolater [had planted it] after they came to the Land, even though the Israelites had not [yet] conquered the Land, he (i.e., the Israelite) is liable [for the laws of Orlah], as it is written (Leviticus 19:23): “any tree” whether it was planted by an Israel or whether it was planted by an idolater.",
                "הנוטע לרבים – that he planted in his domain for the needs of the many/majority.",
                "חייב – as it is written (Leviticus 19:23): “[three years] it shall be forbidden to you, [not to be eaten],” including that which is planted for the community/public.",
                "ורבי יהודה פוטר – he holds that “and plant [any tree for food” (Leviticus 19:23) implies for the community/public, but an amplification following an amplification intimates a restriction, but the Rabbis hold [that the word] “and plant” (Leviticus 19:23) – implies each one for itself. But the Halakha is not according to Rabbi Yehuda.",
                "והנוטע ברשות הרבים – for his own needs.",
                "והעובד כוכבים שנטע – in a field of an Israelite.",
                "והגזלן – [a robber] who stole a field and planted it and the owners despaired of it (i.e., of getting it back).",
                "והנוטע בספינה – even though it was not perforated if it is earthenware, because an earthenware utensil does not stand before the roots and they penetrate through the earthenware and absorb from the ground, but something of wood requires perforation.",
                "והעולה מאליו – and especially in the place of the settlement, but not in the place of forests and deserts."
            ],
            [
                "אילן שנעקר – that the wind uprooted it or the river swept it away and brought it to another place.",
                "והסלע עמו – the dust/mud that is around the roots is called a clod, because it is made there as hard as a rock, and it states that if the if that dust/mud was with it and he added upon it dirt and it became rooted there in the land, we see if it (i.e., the fruit tree) can live from the dust/mud that comes with it without any other additional dust/mud [it is] like it is planted in its first place and it is exempt from Orlah, but if not, it is like a tree that grows on its own and is liable [for Orlah].",
                "זעזעתו המחרישה – the dust/mud is scattered and the roots are revealed."
            ],
            [
                "ונשתייר בו שורש – it is attached to the ground and was not uprooted [completely].",
                "כמחט של מתוח – is our reading, meaning to say, the measurement of the thickness of the root is like the needle that the weavers stretch the cloth after he weaved it to stretch it out and to widen it."
            ],
            [
                "ובו בריכה – it was the custom of those who work the ground that they dig a hole and take one shoot (especially of a fig-tree) from the tree and hide it in that hole and the root of that shoot comes out from other side and becomes a tree there and the head of the shoot remains attached to the tree. But the law of Orlah does not apply while it is still yet attached to the tree and absorbs from it, even though it also absorbs from the ground. But if the old tree is uprooted from the ground and it is found that all of its support and its absorbing is now from the young shoot.",
                "חזרה הזקנה להיות כבריכה – and both of them – the old [tree] and the young shoot- are as if they were planted now and we count for the three years from the time when the tree was uprooted.",
                "הבריכה שנה אחר שנה – after the first young shoot had grown, he took from it one young shoot and sunk it into the ground and he did this several times, one after another.",
                "מונה – [he counts it – the years of prohibition under the law of Orlah] for all of them from the time when the first young shoot broke off from the tree.",
                "ספוק גפנים – [the connection of grape vines (by training and engrafting)] – it is the manner of those who work the ground that they take a long vine-shoot from this grape-vine and stretch it to the grape-vine that is by its side and engraft the vine-shoot on to the grape-vine. That is what is called “engrafting,” and it is exempt from the laws of Orlah. But that which is taught in the Mishnah (Tractate Sotah, Chapter 8, Mishnah 2 and Tosefta Rosh Hashanah 1:4) – that all are the same are the ones who plant such a tree, who sink them into the ground, and who graft them – are liable for Orlah. There they are speaking about when he severs the vine-shoot from the vine or the young shoot from the tree and afterwards sinks them or engrafts them.",
                "מקום שכחה יפה מותר – if the vine-shoot that he sank in the grape-vine where the vine’s growth was healthy and it absorbs/sucks from the grape-vine from where it was taken, it is permitted and exempt from Orlah, but if the vine’s growth was poor, it is liable for Orlah, but the Halakha is not according to Rabbi Meir.",
                "והיא מלאה פירות – if he detached them immediately, they are permitted because they grew while permitted, but if he left them on the tree and they grew after they had been broken off and there isn't I the fruit that grew already by [one-] two-hundredth [part] to annul the supplement, it is prohibited for Orlah prohibits them until [one-] two-hundredth [part] growth. And the same law applies in an old tree that was uprooted and on it are fruits and he went back and replanted them."
            ],
            [
                "שנתערבה בנטיעות – of permitted [saplings/plantings] and he doesn’t recognize the sapling of Orlah",
                "ושל כלאי הכרם – and of mixed seeds in a vineyard, as for example, if he transferred that which grows in a perforated pot (placed in the ground – which is legally like that which grows in the ground itself – see Mishnah Tractate Demai, Chapter 5, Mishnah 10) under one grape-vine and it was prohibited and he doesn’t recognize it amidst the rest of his grape-vines.",
                "הרי זה לא ילקט – for since he doesn’t recognize it as something prohibited, all of them are prohibited.",
                "אף יתכוין וילקט – for it is legal presumption that a person does not prohibit his vineyard through one sapling and we don’t suspect that perhaps he comes to combine the sapling ab initio. But even though that generally we don’t abolish a prohibition, ab initio, here is something that is not frequent, and we don’t make the decree. But the Halakha is not according to Rabbi Yosi."
            ],
            [
                "ומי גפנים – the water the comes out from the grape-vines when we cut them, or the vine-shoots in the days of Nisan.",
                "וסמדר – [budding berries] is the flowering that from it comes out the half-ripe fruit/grapes. But the half-ripe fruit itself, everyone admits that it is fruit.",
                "מותרים בערלה – as it is written (Leviticus 19:23): “You shall regard its fruit as forbidden.” But these are not fruit.",
                "וברבעי – they are eaten in the fourth year outside of Jerusalem without redemption, as it is written (Leviticus 19:24): “[In the fourth year] all fruit shall be set aside for jubilation [before the LORD],” but these are not considered fruit.",
                "ובנזיר – the Nazirite is permitted to eat them, for concerning the Nazirite it is written (Numbers 6:3): “nor eat grapes fresh or dried” and these are not eatable.",
                "ואסורים באשרה – as it is written (Deuteronomy 13:18): “Let nothing that has been doomed stick to your hand [in order that the LORD may turn from His blazing anger and show you compassion],” and the Asherah is a tree that is worshipped.",
                "המעמיד בשרף הערלה – curdles cheese with the sap/resinous substances of the trees of Orlah/uncircumcised trees. Sap/resinous substance is called GUMA in the foreign tongue, and Rabbi Eliezer holds that the sap is fruit, whether the tree produces fruit or whether the tree does not produce fruit. But the Halakha is not according to either Rabbi Yosi or to Rabbi Eliezer.",
                "בשרף הפגיס – the sap that flows from fruit that have not fully ripened. And the Halakha is according to Rabbi Yehoshua."
            ],
            [
                "ענקוקלות – it is a the language of an abbreviation/Notarikon – grapes that were smitten before they had grown to one-third of the normal size, meaning to say that they were smitten before they brought forth a third of their growth.",
                "חרצנים – seeds withing the grapes.",
                "והזגים – the shells that are on the outside.",
                "תמד – that he placed water on the sediment or on the shells of grapes or on the husks or kernels of grapes and they have the taste of wine.",
                "והנץ שלהם – the flower that is on the protuberance on the blossom-end of the fruit.",
                "והגרעינין – the seed of each fruit, such as the seeds found within the dates and the olives and the peaches and similar things.",
                "אסורים בערלה – as it is written (Leviticus 19:23): “[you shall regard] its fruit [as forbidden],” what is secondary to its fruit..",
                "ומותרים ברבעי – fourth year’s fruit of young trees is not prohibited from deriving benefit from it but is eaten by its owners in Jerusalem like Second Tithe, and is not sanctified in the sanctity of Second Tithe, but rather it is a thing that appropriate for eating.",
                "נובלות – fruit that falls from the tree prior to the completion of its ripening.",
                "כולן אסורות – whether for Orlah, or for the fourth year’s fruit of young trees , whether for an Asherah or for a Nazirite."
            ],
            [
                "נוטעים יחור של ערלה – for the tree is permitted to derive benefit [from it] but not the walnut, which is the fruit and it is prohibited to benefit [from it], and Rabbi Yosi admits that if he planted and sunk and grafted which is permitted, that both of these cause it to be permitted.",
                "בכפניות – a young shoot that has date-berries in its early stage while they are still berries in the budding stage are called כפניות/date-berries in its early stage. Rabbi Yosi, according to his rationale who stated that berries in the budding stage are forbidden because they are fruit. And the Halakha is according to him, for it is permitted to plant a young shoot of Orlah, but the Halakha is not like him that he prohibits date-berries in the budding stage."
            ]
        ],
        [
            [
                "התרומה. עולין באחד ומאה – if a Seah of one of these fell in one-hundred Seah of non-consecrated produce, it is nullified, and it is permitted to foreigners (i.e., non-Kohanim); less than one-hundred, everything is prohibited to foreigners, and we derive it from what is written regarding the tithe of the tithe which the Levite owes to the Kohen (Numbers 18:29): “[You shall set aside all gifts due to the LORD from everything that is donated to you, from each thing its best portion,] the part thereof that is to be consecrated.” What was separated as the priest’s share from it, if it returned into it from his sanctified thing, that is ninety-nine [parts]. For from the one hundred that he separated out ten for a tithe, and from ten, one for the tithe from the tithe that the Levite owes to the Kohen.",
                "ומצטרפין זה עם זה – if one Seah fell from all of them to less than one-hundred parts of non-consecrated produce, It sanctifies them, and in this everyone admits that they combine, for they are one denomination and they are all called Terumah/heave offering. For regarding Hallah, It is written (Numbers 15:20): “you shall set aside a loaf as a gift,” and the First Fruits/Bikkurim are also called Terumah, as the Master stated (Deuteronomy 12:17): “or your contributions/ותרומת ידך – these are First Fruits/Bikkurim, as it is written regarding them (Deuteronomy 26:4): “The priest shall take the basket from you hand [and set it in front of the altar of the LORD your God].”",
                "וצריך להרים – [one must raise] the Seah that fell and to give it to the Kohen and the remainder is permitted to foreigners (i.e., non-Kohanim), and even though Orlah and mixed seeds in the vineyard are more stringent, there is no need to raise them, and the prohibition itself is nullified. The heave-offering/Terumah is different because it has owners (i.e., the Kohanim) and one must raise them up/separate them as an offering because of the injustice to the tribe of Levi, but in all other prohibitions where there is an injustice to the tribe of Levi does not belong for when they are abolished, there is no need to raise them/separate them as an offering.",
                "עולין באחד ומאתי' – regarding the heave offering, it is written \"מלאה\" (Exodus 22:28) “You shall not put off the skimming of the first yield of your vats. [You shall give Me the first-born of your sons],” and in the mixed seeds of the fields/כלאי הכרם, it is written \"מלאה\" (Deuteronomy 22:9): “[You shall not sow your vineyard with a second kind of seed,] else the crop – from the seed that you have sown [and the yield of the vineyard may not be used].” Just as [the word] \"מלאה\" that is stated further on (Deuteronomy 22:9) is offered up as we derive (Numbers 18:29): “the part thereof that is to be consecrated,” also here it is offered up, and because its prohibition is doubled for it is forbidden to derive benefit from it, they doubled its offering up, and it requires two-hundred [parts]. But Orlah we derive from Kilayim/the forbidden junction of heterogeneous animals by hybridization or by harnessing together, because it is prohibited to derive benefit like them.",
                "ומצטרפין זה עם זה – Orlah/Uncircumcised fruit of the first three years and mixed seeds of the field are combined together that fell into something permitted, they combine to prohibit something dry until two hundred, and in something moist in a pot which imparts flavor.",
                "אינן מצטרפין – even to prohibit the pot through the imparting of a flavor, since they are two entities, but if there in the pot [enough] to annul the flavor of the Orlah/uncircumcised fruit of the first three years on their own, and the flavor mixed seeds of the field on their own, everything is permitted.",
                "מצטרפין בנותן טעם – that requires a moist pot in order to the annul the flavor of both of them together.",
                "אבל לא לאסור – with something dry, for there is no need that there would be a permitted object of two hundred corresponding to both of them, but the Halakha is according to the first Tanna/teacher."
            ],
            [
                "התרומה מעלה את הערלה – combines with the non-consecrated produce to nullify the Orlah, and similarly, the Orlah combines with the non-consecrated produce to nullify the heave-offering/Terumah.",
                "שנפלה למאה – not exactly one-hundred, but less than one hundred for it if was actually one-hundred, it would raises it and not require combination, but this is how it should be read: Terumah/heave-offering that fell into non-consecrated produce and everything became one-hundred.",
                "ואח\"כ נפלו שלשה קבין של ערלה – [and afterwards, three kabs/one-half a Seah of Orlah fell into it] – the anonymous Mishnah is according to Rabbi Yehoshua who stated in the first chapter of [Tractate] Terumot (Actually it is not in found in the first chapter, but rather, it is in the fourth chapter of Tractate Terumot, Mishnah 7). Therefore, when a Seah of Terumah fell into ninety-nine parts of unconsecrated produce, and then afterwards three Kabs (i.e., one half-a Seah) of Orlah fell there and combined with the unconsecrated produce, there were found there ninety-nine and another three kabs of unconsecrated produce, the Seah of heave-offering is nullified in one-hundred and a bit more. Alternatively, we have found to establish it according to Rabbi Eliezer (also quoted in Tractate Terumot, Chapter Four, Mishnah 7 who said one and one-hundred) and the Halakha is according to him who stated that Terumah raises up with one and one-hundred, such as the example where a Seah of Terumah that fell into ninety-nine Seah and one-half a Seah of unconsecrated produce, and these three Kab of Orlah – which is one-half of a Seah – combines with the Hullin/unconsecrated produce to complete the measurement of one hundred of unconsecrated produce so that it can be neutralized in one hundred and one.",
                "",
                "והערלה את התרומה – that the three Kabs of Orlah/uncircumcised fruit of the first three years which is one-half of a Seah combined with the unconsecrated produce to annul the Seah of Terumah in one and one-hundred, for when the Seah [of Terumah] fell into the ninty-nine and one -half, they were forbidden, and when once again fell there three Kabs of Orlah/uncircumcised fruit of the first three years, or mixed seeds of the field, they were permitted."
            ],
            [
                "והערלה את הערלה – one must state that one of them is the fourth year’s fruit of a young tree/נטע רבעי which are two designations, for it is impossible for a prohibition from one designation which would annul part of it to part of it and the Tanna/teacher calls the fourth year’s fruit of a young tree [by the designation of] Orlah, for it comes from the Orlah, and for this reason it teaches, that “Orlah [fruit] neutralizes other Orlah [fruit], and it doesn’t teach that Kilayim (mixed seeds from the field) neutralizes Kilayim, for Kilayim does not have two names like there is with Orlah.",
                "שנפלה למאתים – not into two-hundred exactly, for if it was actually two hundred, it would not require combination, and when a Seah of Orlah fell into one-hundred and ninety-nine parts of permitted frut, they became prohibited, and when he returned and fell a Seah and a bit more of Kilaym, it combines with the one-hundred and ninety-nine to annul the Orlah, and similarly, the Orlah combines with the one-hundred and ninety-nine to annul the Seah and a bit more of mixed seeds of the vineyard/Kilei HaKerem, and this is like Rabbi Yehoshua who holds that Orlah is annulled with two-hundred and a bit more, like Terumah with one-hundred and a bit more; therefore, a Seah of Kilayim is annulled in one-hundred and ninety-nine and a bit more and the extra bit is annulled in a Seah which is missing something. And similarly, also, if there fell there a Seah and a bit more of fourth year fruit of a young tree, it combines with the one-hundred and ninety-nine parts to annul the Seah of Orlah that fell, and prohibited everything, and similarly, a Seah of Orlah combines with the one-hundred and ninety-nine parts of permitted [produce] to annul the Seah and more of the fourth year fruits that fell in at the end."
            ],
            [
                "כל המחמץ והמתבל וכו' – this is how it should be read: whosoever leavens or seasons with forbidden fruit from the first three years (i.e., Orlah) or with mixed seeds of a vineyard is forbidden.",
                "והמדמע בתרומה – and/or who mixes unconsecrated produce (and wine or oil) with heave-offering [in proportions to make the whole prohibited to foreigners (i.e., non-Kohanim) (or, more generally, mixing secular with sacred things)]. Whomever leavens the started dough, with apples or with the sediments of wine of Orlah or with the mixed seeds of a vineyard or of Orlah, it is prohibited, and does not neutralize in one in two hundred. And similarly, with Terumah, since the started dough of unconsecrated produce had fermented with the leaven of heave offering and the pot of unconsecrated produce had become seasoned with the spices of heave -offering and all of it became a mixture of secular with sacred things, and is forbidden to foreigners (i.e., non-Kohanim) and isn’t neutralized by one in one hundred.",
                "בית שמאי אומרים אף מטמא – impure leaven that fermented pure started dough, or impure spices that seasoned a ritually pure pot, even though that there isn’t in the leaven or the spices like an egg’s bulk which is the measurement of ritually defiled food-stuffs, the started dough is defiled and the pot is defiled.",
                "ובה\"א עד שיהא בו כביצה – for food does not defile that is less than an egg’s bulk, it does not make a difference whether it is leaven and spices or other food-stuffs."
            ],
            [],
            [
                "ולמה אמרו – like in what did they state, meaning to say in which matter did they state that one who ferments unconsecrated produce in leaven of heave-offering/Terumah and one who seasons pots of unconsecrated produce in spices of heave-offering, and one who mixes secular with sacred things who combines [and who cooks] unconsecrated produce with heave-offering together – that we follow everything stringently and he answers with one kind of produce mixed with produce of its same kind. And in what did they state that sometimes they are lenient and sometimes strict? This is with one kind of produce mixed with something unlike it (i.e., of a different kind). And it explains – how is one to be stringent? Leaven of heave-offering of wheat that fell into started dough of unconsecrated wheat, which is one kind of produce mixed with produce of its same kind. It prohibits imparting a flavor even with more than one hundred [parts], but until one hundred [parts], it prohibits even without imparting a flavor."
            ],
            [
                "גריסין – of beans of heave-offering/Terumah that were cooked with lentils of unconsecrated produce, and they imparted a flavor; the taste is not annulled even in mor than one-hundred, and not with the taste of even less than one-hundred is permitted. For that we require one hundred, this is explicitly, wheat with wheat, which is one kind [of produce] mixed with [produce] of the same kind. And they used a Scriptural text of (Numbers 18:29) את מקדשו ממנו/”the part thereof that is to be consecrated” as a support. What you raise from it, if it fell into it, you sanctify it, and this is one kind [of produce] mixed with [produce] of the same kind."
            ],
            [
                "ויש בו כדי לחמץ אסור – surely it comes to tell us that we don’t say, for since that without this prohibited leaven [of Terumah or mixed seeds of the vineyard] that the started dough would leaven through the permitted leaven that fell in it first, and we shouldn’t worry about prohibited leaven."
            ],
            [
                "ור\"ש מתיר – in the first clause [of the Mishnah], Rabbi Shimon did not dispute since the leaven of heave-offering fell prior to the leavening of the unconsecrated produce. For it hurries to leaven through the leaven of heave-offering, but in the concluding clause [of the Mishnah], since it already became leavened in the unconsecrated produce. For when it Terumah/heave-offering falls, it does nothing other than disqualify/make it unfit, but the Rabbis hold that even though in general, when it gives it a bad taste, it is permissible, but it is different here as it makes it appropriate to leaven other pieces of started dough, and the Halakha is according to the Sages."
            ],
            [
                "תבלין שנים וג' שמות – three prohibited things are divided one from another, they are called three [different] types , such as peppers of Orlah/prohibited fruit of the first three years, or of a tree worshipped as an idol/Asherah or of a heave-offering/Terumah.",
                "אסור ומצטרפין – meaning to say that they combine together to prohibit the cooked food that was seasoned by them.",
                "או שני מינים משם אחד – such as an Arabic spice plant/ginger and pepper, and both are Orlah, or both are Terumah, but the Halakha is not according to Rabbi Shimon."
            ],
            [
                "אחר אחרון אני בא – if the leaven of Terumah/heave offering fell last, the entire started dough becomes something that secular and holy things are mixed together, and if something unconsecrated/secular fell in last, everything is permitted, for the last thing is what makes the leavening, for Rabbi Eliezer that permits when that of unconsecrated/secular fell in last, that is specifically when it came first and removed that which is prohibited. And even though that it הועיל a pit that it assists the last that is permitted to complete the leavening. Nevertheless, the taste is made null and it doesn’t come back and get stirred up. But if he didn’t come and remove the prohibited substance and it becomes leavened through both, it is prohibited, for Rabbi Eliezer holds that both this and that causes the prohibition.",
                "לעולם אינו אוסר עד שיהא בו כדי לחמץ – for each of them causes that which is permitted, and the Halakha is according to the Sages."
            ],
            [],
            [
                "כלים שסכן – such as foot-coverings/shoes and other utensils of leather that he greased with oil in order to soften them.",
                "וחזר וסכן אותן בשמן טהור – after the first oil had dried up, and he immersed the utensil that had been defiled in impure/unclean oil, he once again greased it in pure/clean oil and when he uses the utensil, the oil escape outside.",
                "אחר ראשון אני בא – for Rabbi Eliezer held that the first greasing of oil had escaped outside.",
                "וחכמים אומרים אחר אחרון – for they (i.e., the Sages) hold that the latter/concluding [greasing] escapes, and the Halakha is according to the Sages."
            ],
            [
                "אסור לזרים – The Rabbis according to their reasoning who stated above (see Mishnah 10 of this chapter) that spices of two or three types combine to forbid the thing that had been seasoned.",
                "ומותר לכהנים – for heave-offering/Terumah is permitted to them, but there isn’t in mixed seeds of a vineyard enough to leaven.",
                "ר\"ש מתיר זרים – according to his reasoning that he said that two or three types from one species do not combine."
            ],
            [
                "תבלין של תרומה ושל כלאי הכרם – in this also, the Rabbis are according to their reasoning and Rabbi Shimon according to his reasoning, and the law of spices is like the law of leaven."
            ],
            [
                "חתיכה של קדשי קדשים – which is forbidden to foreigners (i.e., non-Kohanim) but permitted to Kohanim.",
                "ושל פגול. ושל נותר. ושל טמא – that are forbidden whether to foreigners or to Kohanim.",
                "שנתבשלו עם החתיכות – of non-dedicated produce, and there is in the non-dedicated produce to nullify that of the [meat of the] Holy of Holies by themselves, or that of a sacrifice rejected in consequence of an improper intention in the mind of the officiating priest or that of a remnant and that which is ritually impure on their own.",
                "אסור לזרים – the Rabbis according to their reasoning who stated that two or three types [from one species] combine to prohibit it.",
                "ר\"ש מתיר לזרים – according to his reasoning who stated that two or three types [from one species] [do not] combine."
            ],
            [
                "בשר קדשי קדשים – it is forbidden to foreigners (i.e., non-Kohanim), even those who are pure. The meat of lesser Holy Things is permitted to pure foreigners but is forbidden to impure foreigners, and it was cooked with meat eaten for satisfying the appetite (i.e., secular meal of meat as opposed to sacrificial meals), unconsecrated meat is permitted even to those [foreigners] who are impure, and there is within it enough to nullify each person on his own, and it combines to prohibit to those who are ritually impure, even according to Rabbi Shimon for the [meat] of the Holy of Holies and the lesser Holy things are one type, as we stated above (see Mishnah 1 of this chapter) regarding Terumah and Hallah and First Fruits. And they are permitted to ritually pure foreigners (i.e., non-Kohanim) even according to the Rabbis for the [meat of] the Holy of Holies has nothing in them to prohibit [their use]."
            ]
        ],
        [
            [
                "בגד שצבאו בקליפי ערלה – such as the husks/peelings of nuts and pomegranates, for the husks/peelings are also prohibited to derive benefit [from them] as we expound (Talmud Berakhot 36b): “[When you enter the land and plant any tree for food, you shall regard] its fruit [as forbidden/to be uncircumcised]” (Leviticus 19:23), that which is secondary to its fruit.",
                "ידלק – for it is forbidden to [derive] benefit, as it is written (Leviticus 19:23): “you shall regard its fruit as uncircumcised”, that you shall not benefit, and not dye nor kindle with a candle with it.",
                "כולם ידלקו – Rabbi Meir, according to his reasoning that he stated further on (see Mishnah 7 of this chapter): “what normally is counted [when being sold] renders [other food mixed with it] sanctified (forbidden, so that all of the food in the mixture must be burned), and clothing that was dyed that was normally counted [when being sold].",
                "וחכ\"א יעלה באחד ומאתים – according to their reasoning as they say further on in our chapter (see Mishnah 7)only six foods render [other foods] sanctified. And the Halakha is according to the Sages."
            ],
            [
                "מלא הסיט – it is according to the suspension between the fore-arm to the finger – all what he is able to widen it, and the suspension that is between the thumb to the finger, all that he one is able to widen it, which is a double “sit” (the double size of the “sit” – the distance between the tip of the thumb and that of the index finger when held apart, or between the root of the thumb and the tip of the index finger, when the former is leaning against the latter – see also Tractate Shabbat, Chapter 13, Mishnah 4), because it is double from what lies between the forearm and the finger. And within the distance of a “sit” is an important measurement for prohibition. Therefore, when they have weaved in the cloth, and it is not known which it is, Rabbi Meir states, according to his reasoning, that it (i.e., the entire cloth) should be burned, and the Sages state that it is neutralized in one and two-hundred , according to their reasoning as seen in the dispute of above (see Mishnah 1 of this chapter)."
            ],
            [
                "מצמר הבכור – and it is prohibited to shear the first born [sheep], as it states (Deuteronomy 15:19): “or shear your firstling sheep,” and it is speaking about a first born with a defect, and for this reason, it requires the distance of the breadth between the tip of the thumb and of the index finger when held apart, for had it been a simple firstling, they are sanctified, as it is taught (in this Mishnah): [hair from other] Holy Things, it renders sanctified [prohibited] in any quantity whatsoever [even less than a “sit’s” length].",
                "משער הנזיר – and its hair is prohibited [to derive] benefit from it, as it states (Numbers 6:5): “it shall remain consecrated,… the hair of his head being left to grow untrimmed;” the growth of his hair will be holy.",
                "ופטר חמור – after breaking the neck of the heifer (see Deuteronomy 21:4), all the world admits that it is prohibited to [derive from it] benefit for we draw a conclusion by analogy of \"עריפה עריפה\" from the heifer whose neck was broken (Deuteronomy 21:6).",
                "בשק – concerning the wool, it teaches [in the Mishnah] the cloth, and concerning the hair, it teaches [in the Mishnah], sack, for this is the [normal] manner."
            ],
            [
                "ידלק – the additional value of the wood in the cooked food, and similarly in the bread.",
                "יעלה בא' ומאתים – and in this Rabbi Meir admits this is not from the ten important things that Rabbi Meir considers that we sanctify [and forbidden – so that all of the food in the mixture must be burned], as is proved in the Jerusalem Talmud."
            ],
            [],
            [
                "חבילי תלתן – a bundle is not less than twenty-five bunches.",
                "נתערבו באחרים – we have the reading of נתערבו באחרים/they were mixed with other [permitted bunches] but not others with others, but if we had that reading (i.e., אחרים באחרים/others with others), one must say that those others were combined with others that was only one that was doubtful, and it comes to teach us that even though there are two fenugreek, it is prohibited.",
                "כולם ידלקו – and that we don’t say that all of them should be sold except for the value of that [volume] which is prohibited in them, as stated by Rabbi Shimon ben Gamaliel in the [concluding] chapter (five) of [Tractate] Avodah Zarah (see Mishnah 10) concerning libation wine because here we are concerned with all of it, lest an idolater return and sell it to an Israelite, what he cannot do with libation wine, for we should not be concerned with this."
            ],
            [
                "שדרכו למנות – for a person does not sell them other than by number, because of their importance.",
                "פרך ובדן – these are names of places. But I heard that the nuts of Perekh are nuts whose husks/rinds are soft and peeled.",
                "חלפי תרדין – leaves from the side of the species of beet.",
                "קלסי כרוב – cabbage stalks in the Land of Israel which are large and good.",
                "של בעה\"ב – which are large but of small bakers.",
                "הראוי לערלה – such as nuts and pomegranates and closed (earthen) wine jugs.",
                "הראוי לכלאי הכרם – such as beet shoots and cabbage stalks and Greek gourds, but the Halakha is not according to Rabbi Meir nor according to Rabbi Akiva."
            ],
            [
                "נתפצעו האגוזים – We have the reading, “crushed nuts” and we don’t have the reading, “How?” And our Mishnah comes to teach us that specifically whole are not nullified but not broken or crushed.",
                "נתפרסו הככרות – this anonymous teaching is according to Rabbi Akiva, and the Halakha is according to him."
            ],
            [
                "ספק ערלה – such as an idolater who has plants of Orlah in his garden, and in his hand are fruit and it is not known if they are of Orlah or something older (i.e., past the fourth year).",
                "בארץ ישראל – that it is doubtfully from the Torah, for stringency.",
                "בסוריא מותר – because it is the conquest of an individual (i.e., David – and not a national conquest – so as to give the land the sacred character of the land of Israel – see Talmud Gittin 8b), and they were stringent with it somewhat.",
                "ובחוצה לארץ יורד ולוקט – in the midst of the garden and he purchases from the idolater from that which he harvested already, just as long as he doesn’t see him harvesting.",
                "ובחו\"ל יורד ולוקט – the idolater goes down and harvests in the presence of the Israelite, and the Israelite purchases it from him, as long is the Israelite does not harvest it by [his own] hand.",
                "בכל מקום – and even in the Diaspora, as it is written (Leviticus 23:14 – though the text itself has a printing error in listing chapter 24): “You shall eat no bread or parched grain or fresh ears…in all your settlements.”",
                "והערלה הלכה – a usage dating from Moses as delivered from Sinai/a traditional interpretation of a written law, that it is forbidden outside the Land [of Israel] and nevertheless if there is a doubt [regarding it], it is permitted, for such was stated that a usage dating from Moses as delivered from Sinai, that a doubt regarding it will be permitted outside the Land [of Israel].",
                "והכלאים מדברי סופרים – especially mixed seeds from the vineyard, since in the Land [of Israel] they are strict and prohibit [deriving from it] benefit from the Torah; outside the Land [of Israel], the Rabbis decreed regarding this. But mixed seeds that are in the Land [of Israel] they permitted in deriving benefit; outside the Land [of Israel] the Rabbis did not decree regarding them. But the grafting of the tree is forbidden outside the Land [of Israel] from the Torah, as it is written (Leviticus 19:19): “[You shall observe My laws.] You shall not let your cattle mate with a different kind; you shall not sow your field with two kinds of seed.” Just as your cattle with mating, so your seed with grafting; just as your cattle whether in the Land [of Israel] or outside the Land [of Israel], even your field with regard to grafting, whether in the Land [of Israel] or outside the Land [of Israel]."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ]
    ],
    "heTitle": "ברטנורא על משנה ערלה",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Zeraim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}