json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Zeraim/Bartenura on Mishnah Maaser Sheni/English/merged.json

{
    "title": "Bartenura on Mishnah Maaser Sheni",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Maaser_Sheni",
    "text": [
        [
            [
                "מעשר שני אין מוכרין אותו – even carrying it to Jerusalem since it is holy. And the anonymous Mishnah is according to Rabbi Meir who said that the Second Tithe money belongs to On High [i.e., God].",
                "אין מחליפין אותו – He should not say to him [his fellow]: Here is wine and give me oil; [or here is] oil and give me wine.",
                "ואין שוקלין כנגדו – A Selah’s-worth of unconsecrated food in exchange for a Selah’s worth of Second Tithe, because of the despising of the commandment [involved].",
                "ולא יאמר אדם לחבירו בירושלים – Above we are speaking about outside of Jerusalem, but here it comes to teach us that even in Jerusalem when we purchase with its value food or drink, one is not permitted to exchange them.",
                "וכן שאשר כל הפירות – Even their fruits of [Second] tithe themselves, for it is not other than a Rabbinic ordinance.",
                "אבל נותנים זה לזה מתנת חנם – such as when one invites him to eat with him at his table, which are the words of all [opinions] , but to give him an actual gift is prohibited, according to the one who says that a gift is like a sale."
            ],
            [
                "אין מוכרין אותו – for we derive [through an analogy made – actually היקש – from two verses in close proximity one to the other] גאולה גאולה – derived from חרמים /property set apart for the priest’s or Temple use. It is stated concerning tithes (Leviticus 27:33): “it cannot be redeemed/לא יגאל ,” and it is stated concerning property set apart for the priest’s or Temple use (Leviticus 27:28): “[But of all that anyone owns, be it man or beast or land of his holding, nothing that he has proscribed for the LORD may be sold or proscribed; \"לא ימכר ולא יגאל\"[every proscribed thing is totally consecrated to the LORD].” Just as there (in the section concerning tithes) it states that the sale is with him, so too here in the case of proscribed property, the sale is with him.",
                "תמים חי – And the same law applies regarding that which is slaughtered, as it says, “nothing…may be…proscribed” and is not sold (see Leviticus 27:28 above), whether living nor slaughtered nor unblemished nor blemished, but an unblemished animal, its fat and its blood are offered on the altar and its meat is eaten by its owners in Jerusalem. But a blemished animal – its owners eat it in every place [other than Jerusalem]. And since the Mishnah needed to teach at the end regarding a first-born animal that we sell it unblemished [and] alive, the Mishnah also teaches at the beginning of an unblemished living [animal] that is alive.",
                "ואין מקדשין בו את האשה – for it is like a sale",
                "הבכור מוכרים אותו תמים חי – because concerning a first-born, it is written (Numbers 18:17): “[But the firstlings of cattle, sheep, or goats] may not be redeemed; [they are consecrated. You shall dash their blood against the altar, and turn their fat into smoke as a gift for a pleasing owner to the LORD],” but they can be sold.",
                "ומקדשין בו את האשה – since it is the money of the Kohen, and it is permissible to sell it.",
                "אסימון – a coin that lacks a shape/form on it, and we do not redeem Second Tithe with it, as it is written (Deuteronomy 14:25): “[you may convert it into money.] Wrap up the money (in your hand) [and take it with you to the place that the LORD your God has chosen],” money that has upon it a shape/form.",
                "ולא על המטבע שאינו יוצא – as it is written (Deuteronomy 14:26): “and spend the money on anything you want [ - cattle, sheep, wine, or any other intoxicant, or anything you may desire…,” except for money that is not current use, for he is not able to purchase with it anything that he wants.",
                "ולא על המעות שאינן ברשותו – such as the case where his purse fell into the Great Sea (i.e., Mediterranean Sea), he is not able to redeem [his] Second Tithe with the monies that are within it, for he must hire someone who sails over the sea to remove it."
            ],
            [
                "הלוקח בהמה לזבחי שלמים – from the monies of the Second Tithe, for this is the main object of the commandment of the monies of Second Tithe – to purchase from them peace-offerings, as we derive by a Gezerah Shavah/an analogy between two laws established on the basis of verbal incongruities in the text, as we derive from [the usage of[ שם שם from Mount Ebal (see: Deuteronomy 27:4-5 and Joshua 8: 30,32: “[Upon crossing the Jordan, you shall set up these stones, about which I charge you this day, on Mount Ebal, and coat them with plaster]. There/שם, [too, you shall built an altar to the LORD your God…..]” and “[At that time Joshua built an altar to the LORD, the God of Israel, on Mount Ebal….and] there/שם, [on the stones, he inscribed a copy of the Teaching that Moses had written for the Israelites].”",
                "וחיה – which is not worthy for offering, and was purchased from the monies of the Second Tithe to eat desired meat, that is to say, non-sacred [meat].",
                "יצא העור לחולין – and you do not have to eat its monetary value in Jerusalem.",
                "יצא הקנקן לחולין – and it is not necessary to sell it and to eat its monetary worth in the holiness of the [Second] Tithe in Jerusalem. And these words [apply regarding] when the seller and buyer are common people and they don’t desire anything other than meat to eat and wine to drink , but if one of them was an artisan who prepares hides, or [someone] who crafts earthenware [vessels] that now surely thinks of (literally, “puts his eye upon”) on hides or jars, he is like one who buys this for himself and the other who buys for himself – and they don’t fulfill [the Mitzvah in a state of being] non-sacred.",
                "התמד – the refuse of grapes when he placed water upon them",
                "אינו נקח בכסף מעשר – for they are considered like water and we require fruit, from fruit or what is grown in the ground.",
                "נקח בכסף מעשר – for since it has soured, it is considered food, and we put upon it three and we find [that it becomes] four."
            ],
            [
                "הלוקח חיה לזבח שלמים – for a sacrifice cannot come from a wild-beast, as it is written (Leviticus 1:2): “[Speak to the Israelite people, and say to them: When any of you presents an offering of cattle to the LORD, he shall choose his offering] from the herd or from the flock.”",
                "ובהמה לבשר תאוה – But the Sages decreed that they should not purchase cattle from the monies of the Second Tithe, but [only] peace-offerings, because originally, it was permissible to purchase cattle for meat that you may desire; but since everyone would purchase cattle for meat that you may desire, and they exclude it from being on the altar, they retracted and said that [cattle] should not be purchased.",
                "אין העור יוצא לחולין – that is to say that it is not in this category that the hide should go to non-sacred purposes, but rather, he did not purchase for [Second] Tithe neither wild-beast nor cattle, for it became like someone who purchases a bull for ploughing with the monies of [Second] Tithe, for he did not purchase [Second] Tithe.",
                "לא יצא הקנקן לחולין – since they had the custom of selling the wine without the jar.",
                "לא יצאו דמי הכלי לחולין – because it was the practice to sell it without the jar."
            ],
            [
                "הלוקח מים ומלח – water and salt are not purchased with the monies of Second Tithe, as it is written (Deuteronomy 14:26): “And spend the money on anything you want”– a generalization – “cattle, sheep, wine, or other intoxicant,” – a specification – “anything that you may desire” – another generalization; “if a general rule is followed by a specification and this again by a generalization, you must be guided by the specification.” Just as the specification is explained as something that is food or grows in the ground, but cattle and sheep grow from the plants which are things that grow in the ground, and from something that is detached, and something that is preserved until one leads them to Jerusalem – even all things that are food and grow in the ground and are detached, and something that is preserved, which excludes water and salt, even though they are food, but are not [something] grown in the ground, and excludes produce that are attached to the ground that are not detached, which excludes produce that has become rotten before it arrives in Jerusalem, which is not something preserved. For all of these are not purchased with the monies of [Second] Tithe.",
                "לא קנה מעשר – and the holiness of [Second] Tithe does not take effect on something that is purchased, and were not fulfilled through the use of [Second Tithe] monies for non-sacred [foods].",
                "הלוקח פירות שוגג – for he did not know that from [Second] Tithe monies he was purchasing them.",
                "יחזרו דמים למקומן – the seller takes his produce/fruits and returns the monies, because it is like a fraudulent purchase, and if the purchaser had known that they are [Second] Tithe monies, he would not have purchased with them this produce/fruits, because of the painstaking preparations on the way, and because he erred inadvertently, the purchase is nullified.",
                "",
                "יעלו ויאכלו במקום – (Deuteronomy 14:24): “in the place where He will choose [to establish His name],” that is to say, Jerusalem.",
                "ואם אין מקדש ירקבו – for the thing purchased with the monies of [Second] Tithe are not redeemed purely in a place distant [from Jerusalem], as it is taught in the Mishnah further on in Chapter three."
            ],
            [
                "תקבר ע\"י עורה – with its hide, because its hide is also prohibited."
            ],
            [
                "אין לוקחין עבדים וקרקעות – because they are not food, and the All-Merciful said: (Deuteronomy 14:26): “…cattle, sheep…[or anything you may desire]. And you shall feast there…”",
                "יאכל כנגדן – corresponding to the Second Tithe monies that he expended on these things, he should spend from his own [funds] and purchase something that he eats and consume it in the holiness of [Second] Tithe in Jerusalem. And here we are speaking about when the seller fled and because of this, , [the Mishnah] did not teach that he should return the monies to their place. Alternatively, our Mishnah is speaking of someone who did this on purpose/willfully, but if he had done so inadvertently, he should return the monies to their place.",
                "קיני זבים וקיני זבות – two doves or two pigeons that the men and/or women afflicted with a flux/gonorrhea are obligated to bring, and we establish/hold that anything that is obligatory should not come from other than the non-sacred, for a person does not repay his liability with Second Tithe monies."
            ]
        ],
        [
            [
                "מעשר שני לאכילה ולשתיה – As it is written (Deuteronomy 14:26): “[And spend the money on anything you want] – cattle, sheep, wine, or other intoxicant,[or anything else you may desire]. And you shall feast there…” And drinking is included with eating and anointing is like drinking, as it is written (Psalms 109:18): “[May he be clothed in a curse like a garment,] may it enter his body like water, his bones like oil.”",
                "לאכול דבר שדרכו לאכול – for if he purchase bread with the monies of [Second] Tithe and it grew moldy, wine and it became sour, a [cooked] dish and it began to smell badly, we do not require him to eat something that he ordinarily would not eat in order not to waste monies of the Second Tithe. Alternatively, if he requested to eat a species of living, moist beets or a cup of living wheat, we do not listen to him, since it is not our manner to eat them as such.",
                "אין מפטמין את השמן – to put within it roots and the heads of spices, because they absorb the oil and go to ruin as the roots are not eaten.",
                "אין לוקחין בדמי מעשר שני שמן מפוטם – because since we require something that is of equal value for every person, and this is not other than for the delicately reared and those who are indulged.",
                "אבל מפטם הוא את היין – to make it wine mixed with honey and things similar to them.",
                "נפל – honey or spices [fell] into the wine of Second Tithe when it is outside of Jerusalem, improving them (i.e., they grew in value), they divide the improvement according to its sum; for example, if the wine is worth two Sela, and the honey and/or spices are worth a Sela, and they increased in value, and stood at four Sela, he redeems the wine for two Selaim and two-thirds of a Sela.",
                "קפלוטות – leek-green stuff; PURSH in the foreign tongue.",
                "השבח לשני – and he redeems the bread at its equivalent value, and we do not divide the increase [in value] to the non-sacred trees, but rather, all of the improvement goes to the Second Tithe since the improvement in trees is not that well recognized in sustenance.",
                "כל ששבחו ניכר – that the improvement in the non-sacred [produce] is recognized in Second Tithe when they added the non-sacred [produce] on the [Second] Tithe by measure and/or by weight, but if they did not add other than in taste, even though its value raised in price on account of the taste, this improvement is not recognized."
            ],
            [
                "ר:ש אומר: אין סכין – He thinks that oil of Second Tithe is not given for anointing but only for eating alone.",
                "אם הקל בתרומה – as you admit that it is permitted for anointing, as it is taught in the eighth chapter of [Mishnah – Tractate] Shevi’it (see Mishnah 2), and similarly with Terumah and similarly with Second Tithe, and we do not disregard Terumah/heave-offering.",
                "שהקל בכרשינין ובתלתן – of Terumah/heave-offering more than with Second Tithe, as we require to say further on, therefore, it is a law also that we will be lenient with anointing concerning Terumah, but the Halakha is not according to Rabbi Shimon."
            ],
            [
                "תאכל צמחונים – when they are moist vegetables and he should not leave them alone until they grow and they will not be appropriate for eating, but Terumah can be eaten whether as buds (directly from the capsules before they are dry) or as dry.",
                "ב\"ש אומרים: כל מעשיה בטהרה – even though fenugreek is not a complete food, and Terumah does not apply to it other than for the fact that it is eaten by some people, therefore, it is eaten in defilement; nevertheless, according to the School of Shammai, it is necessary that all of its preparations must be done in cleanness/purity, and with washing of the hands according to the law of all the rest of Terumah foods, for whomever comes in contact with them must first wash their hands. And the reason is in order that they would know that they are Terumah and that they should not be fed to foreigners (i.e., non-Kohanim).",
                "חוץ מחפיפתה – hat without washing of the hands, one can comb the head with it, for it was their practice to comb their heads with fenugree.",
                "כל מעשיה בטומאה חוץ משרייתה – [steeping it] in water, that it is necessary to steep/soak them in ritual purity, for if he steeps them without the washing of the hands, their steeping makes them fit to receive impurity. And he defiles them immediately in his hands, and they forbade this alone because of the recognition in order that they would know that it is Terumah/Priest’s Due."
            ],
            [
                "כרשיני – In the Arabic language, KARS’NA, and they are not food for humans other than in an emergency in the years of famine.",
                "ונכנסים לירושלים ויוצאים – Even though that with the rest of produce, we hold that Second Tithe that goes into Jerusalem, one is not able to take it out from there, concerning vetches/horse-beans, they were lenient.",
                "יתחלקו לעיסות – and they are not like the rest of [Second] Tithe that was became impure that we redeem them and even in Jerusalem, but vetches/horse-beans, since they are not human food, we don’t redeem them, as Rabbi Tarfon holds, we don’t redeem the sanctified things to feed them to dogs. Therefore, we divide them among pure lumps of dough of Second Tithe and we place in each lump of dough from these vetches/horse beans that were defiled a little bit by a little bit less than the size of an egg, for he who eats [a quantity] less than the size of an egg is not defiled from others nor does he defile others and as such he eats them.",
                "וחכ\"א יפדו – like the rest of Second Tithe [they should be redeemed] and the Halakha is according to the Sages.",
                "שורין – [soak them] in water and rub them into the meat in ritual purity, with the washing of the hands, since [one’s mere] hands are second-degree of Levitical uncleanness which invalidate the Priest’s due.",
                "ומאכילין – to cattle",
                "יאכלו צריד – (See also, Mishnah Eduyot, Chapter 1, Mishnah 8) [The word צריד ] is the language of “dry matter,” such as the dry-matter of meal offerings (Tractate Pesahim 20a), which is the place of the meal-offering where the oil did not reach it; that is to say, it should be eaten dry, so that liquid should not be upon them at the time of eating, in order that they would be not recognized as susceptible to receive defilement.",
                "כל מעשיהם בטומאה – and even soaking. But the Halakha is not according to Rabbi Akiba."
            ],
            [
                "מה שליקט ליקט למעשר – All of whatever he harvests, all of it goes to [Second] Tithe until he completes [what he needs] for the [Second] Tithe monies, and he gives it and states: “If all of what I have harvested are monies for [Second] Tithe,” that is good, and if not, those of [Second] Tithe that are left over shall be redeemed with those.",
                "ואם בלל וחפן – if he did not harvest those one by one from here and from there, but rather, they were mixed up and combined and he took from them a handful’s worth.",
                "לפי חשבון – that if for this one – there is a Maneh (i.e., one-hundred) and for the other one, two hundred, he gives to this one of the Maneh a third and to that one of two-hundred two-thirds."
            ],
            [
                "שנתערבו – and he wishes to remove that which is non-sacred produce outside of Jerusalem.",
                "מביא בסלע מעות – of copper which have on them a form/shape, that are worth a silver Sela.",
                "ובורר את היפה שבהן – that are on the two Selas, and he redeems these monies with it (i.e., the better of the two) and redeems these coins for it, and the second Sela and the rest of the monies are non-sacred.",
                "מדוחק – when he is pressed and he cannot do it in another way.",
                "ולא שיתקיים כן – and the copper monies should remain as [Second] Tithe, but he goes back and redeems them for silver. And if a difficulty arises and for what does he bring monies for a Sela, he should take one of the Selas that were combined and say: If this is of [Second] Tithe, it is well, and if not, the second which is of [Second] Tithe will be redeemed for it. And if one of them is permitted for him to purchase and to make a condition, we are suspicious that perhaps he will come to take one of them without a condition made on it."
            ],
            [
                "לא יעשה אדם סלעיו דינרי זהב – Silver Selahs that he has from Second Tithe monies, he should not make into golden denars, lest he delay their being brought up [to Jerusalem] until he can exchange his Selahs and will be interrupted from going up [to Jerusalem] for the Festival. But the School of Hillel holds that we do not make this decree."
            ],
            [
                "הפורט סלע ממעות מעשר שני – He who has copper coins of Second Tithe and comes to change the money into a silver Sela to bring up to Jerusalem because of the burden of the way.",
                "ב\"ש אומרים בכל הסלע מעות – if he comes to change them (i.e., the monies), he can change all of them and give them for the entire Sela.",
                "וב\"ה אומרים – he cannot change other than half of them, for the coins are spent in Jerusalem and when he comes there, for he will need coins immediately to buy the needs of the meal, and if everyone runs to the money-changer to change [monies], the coins will go up in value and will be found that the Second Tithe [monies] are lost. Therefore, they should carry coins with them to spend on a part [of his needs] and when they run out, he should change from the silver that is in his hand, little by little.",
                "שקל – which is one-half of a Sela.",
                "אין מחללין כסף ופירות על כסף – Whomever has one-half of a silver denar of [Second] Tithe and produce of {Second] Tithe worth one-half denar, he should not combine them together to redeem them on the denar.",
                "וחכמים מתירין – for in that manner, via a combination of produce, since he only has one-half of a silver denar. But, to redeem a silver dinar and produce which are worth a dinar on half-a sela which is two denarim, the Sages agree that we don’t redeem them. And the Halakha is according to the Sages."
            ],
            [
                "הפורט סלע של מעשר שני בירושלים – he would exchange the Sela that is in his hand and takes coins to spend them for the needs of the [Second] Tithe meal.",
                "ב\"ש אומרים – if he comes to exchange all the Selas that are in his hand for monies, he should exchange [them].",
                "ובית הלל אומרים – he should not exchange other than half, lest he not stay in the city until he spends all of them. And he should deposit them in the city until another Festival, for the coins become moldy/decay, and he returns and exchanges them for Selas, it will be found that the money-changer earns double and the Second Tithe [monies] lose [value].",
                "ודנין לפני חכמים – Shimon ben Azzai and Shimon ben Zoma and Hanan the Egyptian.",
                "בשלשה דינרין כסף ובדינר מעות – The Sela is [worth] four denars, and when he comes to exchange the Selah, he will not receive anything other than one denar in coins and three denarim will be silver.",
                "רביעית כסף ברביעית מעות – The fourth denar of silver, he shall not take other than one-quarter copper coins, and three-quarters silver, so that is found that he takes only one out of a sixteenth of a Sela. -",
                "ארבעה אספרי כסף – A denar is equal to five Aspers, and this coin is [found] in Greece and until today, we call it Aspero. It is found that the Sela is worth 20 Aspers, and when he redeems the denar, he redeems it for four silver aspers and one of copper. It is found that he takes one copper out of twenty for a Seal alone.",
                "יניחנה בחנות ויאכל כנגדה – he should redeem at all on the coins, let he forget and make them non-sacred. But he leaves the Sela with the store-keeper and consume its value until it is completely used up. But the Halakha is not according to any [of the opinions mentioned] but the School of Hillel alone."
            ],
            [
                "מקצת בניו טמאין ומקצתן טהורים – and he (i.e., the father) wishes that they should drink from one pitcher, and those who are ritually impure are prohibited [to consume] wine bought with the monies of [Second] Tithe.",
                "מניח את הסלע ואומר – What those who are ritually pure will drink from the wine, when they drink, this Sela should be given in exchange from now. It is found, that what the ritually pure drank was [Second] Tithe, and what the ritually impure drank was non-sacred; but non-sacred and Second Tithe do not combine with each other, and the wine is not sacred with the sacredness of [Second] Tithe, but when they will drink it, the wine that they drank alone will retroactively return to be [Second Tithe]."
            ]
        ],
        [
            [
                "לא יאמר. לחלק – that you should take a portion of them, because it is placed upon him to bring his [Second] Tithe to Jerusalem, and it is found that he pays his debt from Second Tithe.",
                "העלם שנאכלם ונתה – for it appears that he is inviting him to eat with him, and this is permitted.",
                "אבל נותנים לזה לזה מתנת חנם – it is explained above at the beginning of the first chapter (Mishnah 1)."
            ],
            [
                "מפני שהוא ממעט באכילתו – for heave-offering is forbidden to one who has bathed but must wait until sunset to be perfectly clean and to foreigners (i.e., non-Kohanim).",
                "ורבי שמעון מתיר – who holds that it is permitted to bring holy things to the house of defilement/blemish.",
                "מה אם היקל בזבחי שלמים – that one purchases peace offerings with the monies of Second Tithe, and even though he lessens his eating [of them] for they are able to become rejected in consequence of an improper intention on the part of the officiating priest and the remnant [which are portions of sacrifices left over beyond the legal time and bound to be burnt] which become impure, shall we not be lenient concerning the heave-offering to purchase it with the monies of Second Tithe which do not have the laws of improper intentions on the part of the officiating priest and the remnants of sacrificial portions left over beyond the legal time nor the law of impurity, for not all the things that make that which is holy impure make the heave-offering impure. And the Halakha is not according to Rabbi Shimon."
            ],
            [
                "מי שהיה לו מעות – of Second Tithe, and he must with them unconsecrated things that are not for eating, drinking or anointing.",
                "ולחבירו פירות – of unconsecrated produce and he wants to do a favor for him, that he should redeem the monies of Second Tithe for his produce.",
                "אוכל פירותיו בטהרה – for the sanctity of [Second] Tithe takes effect on the produce and he must eat them in purity.",
                "ולא יאמר כן לעם הארץ – who is suspected of eating produce of [Second] Tithe in defilement.",
                "אלא בדמאי – such as if those monies of Second Tithe were of דמאי/suspicion as to the tithes therefrom being taken properly, or whether it is permissible to say this even to an עם הארץ/ignoramus/illiterate, lest the monies were not [Second] Tithe."
            ],
            [
                "ומעות במדינה – and the Monies of Second Tithe outside of Jerusalem [in the country] and he requires them, and it tells us that there is no need that the produce and monies should be in one place. And in addition, our Mishnah teaches us that even though the produce of Second Tithe cannot be redeemed in Jerusalem, the monies of Second Tithe can be redeemed in Jerusalem."
            ],
            [
                "מעות – of Second Tithe",
                "נכנסות לירושלים ויוצאות – for the sacred precincts [of Jerusalem] retain the monies in the same manner that they retain the produce.",
                "אף הפירות נכנסים ויוצאים – and specifically to take them out to grind them and to back them and afterward to return them to Jerusalem, Rabban Shimon ben Gamaliel permits this, because more [produce] they would take them out to grind and to bake outside of Jerusalem, than from what is in Jerusalem itself. And the first Tanna also prohibited this. But the Halakha is not according to Rabban Shimon ben Gamaliel."
            ],
            [
                "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?”",
                "ועברו בתוך ירושלים – while they were still forbidden eatables, pending the separation of Levitical and priestly gifts (טבל).",
                "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.",
                "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.",
                "למוקצה – a place where we spread the dates out to dry which is called the storage of fruits/מוקצה.",
                "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.",
                "והדמאי – eatables forbidden pending the separation of sacred gifts that had been doubtfully tithed.",
                "נכנס – to Jerusalem",
                "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."
            ],
            [
                "בפנים – from the wall [towards the inside]",
                "ונוטה לחץ – towards the wall of Jerusalem",
                "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.",
                "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.",
                "שפתחיהן לפנים – [inside] from the walls of Jerusalem and those are outside the walls of Jerusalem",
                "מכנגד החומה ולפנים כלפנים – and we eat there the Second Tithe and the lesser holy things, and we don’t redeem Second Tithe there.",
                "מכנגד החומה ולחוץ כלחוץ – and we do not eat Second Tithe and holy things there, but we redeem Second Tithe there."
            ],
            [
                "הלשכות בנויות בקודש – in the Temple courtyard",
                "ופתוחות לחול – to the Temple Mount",
                "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.",
                "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."
            ],
            [
                "באב הטומאה – a reptile and something that died of itself and similar things.",
                "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.",
                "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]…”.",
                "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.",
                "חוץ משנטמא באב הטומאה בחוץ – for since it entered when it was impure, the partition does not absorb it.",
                "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]."
            ],
            [
                "הלקוח בכסף מעשר שני – produce that was purchased from the monies of Second Tithe",
                "יקבר – since its commandment had been completed and he purchased produce from the Second Tithe monies, he does not have to further redeem it.",
                "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."
            ],
            [
                "על ידי עורו – with its hide",
                "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.",
                "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.",
                "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.",
                "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."
            ],
            [
                "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)",
                "אע\"פ שגפן – that he closed their mouths with a stopper after he filled them.",
                "לא קנה מעשר – the wine-vessel was not seized in the holiness of [Second] Tithe.",
                "זלף לתוכן סתם – when he brought in wine of produce prior to the separation of priestly and Levitical gifts.",
                "עד שלא גפן – if he called it by the name, “Second Tithe” before he closed them with a stopper.",
                "אם משגפן – if after he closed them with a stopper, he called it by the name, “[Second] Tithe.”",
                "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].",
                "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].",
                "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.",
                "עד שלא גפן תורם מאחת על הכל – and it is considered to be brought near."
            ],
            [
                "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.",
                "ואינו צריך לערות – and it is enough for them with the opening as it was at first",
                "בד\"א – for if after he sealed it up, he called it by the name [Second Tithe], the [Second] Tithe acquired the wine-vessels.",
                "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).",
                "אבל במקום שדרכן למכור פתוחות לא יצא הקנקן לחולין – in Jerusalem. Therefore [in the country] he also did not acquire [Second] Tithe.",
                "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.",
                "יצא קנקן לחולין – and even if the wine-vessels are closed.",
                "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."
            ]
        ],
        [
            [
                "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.",
                "כשער מקומו – like the market price of the place that he is in at the time of the redemption, whether lenient or stringent.",
                "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."
            ],
            [
                "פודין מעשר שני – he can redeem it if he wants according to the cheap market price, as it explains further on.",
                "",
                "לא כמות שהוא מוכר – that he sells it at a high price, at more than he had purchased it.",
                "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.",
                "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.",
                "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.",
                "על פי אחד – with an estimation he takes one",
                "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.",
                "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."
            ],
            [
                "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.",
                "האיסר – The Issar is one ninety-sixth of a Sela.",
                "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.",
                "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."
            ],
            [
                "לעבדו ולשפחתו העברים – for their bodies are not purchased (i.e., “owned”)",
                "ופדה לך – through them – the Second Tithe for yourself.",
                "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."
            ],
            [
                "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.",
                "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.",
                "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."
            ],
            [
                "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.",
                "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.",
                "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.",
                "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."
            ],
            [
                "ולא קרא שם – he did not say: “this is [the] redemption-money for the Second Tithe.”",
                "צריך לפרש – this is its redemption-monies, and the Halakha is according to Rabbi Yossi.",
                "ולא פירש – he did not say, “This is your Jewish bill of divorce,” or “Behold you are betrothed to me.”",
                "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."
            ],
            [
                "המניח איסר – to be redeemed upon the produce of Second Tithe, and it was already redeemed.",
                "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.",
                "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.",
                "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.",
                "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.",
                "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."
            ],
            [
                "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.",
                "הרי אלו חולין – and we don’t suspect them lest they were monies of the Second Tithe.",
                "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.",
                "מצא בתוכן – in the purse or bag in which the money is placed into."
            ],
            [
                "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.",
                "הוא קרבן – that is to say, that which is dedicated for a sacred purpose, the Temple.",
                "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."
            ],
            [
                "קוף קרבן – it is sacred/Temple property",
                "ד' דמאי – it was taken from an ignoramus [who is not careful with tithing, especially Second Tithe].",
                "בשעת הסכנה – that they decreed to not fulfill the commandments.",
                "שמות בני אדם הן – letters of the beginnings of names; קוף/Kehat; ד'/Daniel; ט'/Tuvia – and all of it is profane.",
                "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."
            ],
            [
                "הרי אלו חולין – what he found is non-sacred, for I say that he took Second Tithe.",
                "הרי שם מנה – His father said to him: “Behold there is a Maneh (i.e., one-hundred) of Second Tithe” and he found two hundred – one hundred [Second] Tithe and one hundred non-sacred. And we don’t say that the Maneh of [Second] Tithe is taken and these are other.",
                "מאתים ומצא מנה – His father said to him: Behold there are two hundred there, but he found [only] one Maneh (i.e., one hundred), the Maneh that he found was [Second] Tithe."
            ]
        ],
        [
            [
                "כרם רבעי מציינין אותו – they build near it a heap of stones and a sign so that they will recognize that it is fourth-year grapes.",
                "בקוזזות – a heap of stones and/or clods of earth; a sign like the ground. Just as the ground which one derives benefit from and makes produce, even this also, when it is redeemed, it is permitted to derive benefit from it.",
                "ושל ערלה בחרסית – in the ground when one makes from it an earthenware utensil. Its sign is like this burned-clay that one does not derive any benefit from it when one seeds it, one does not remove it in order to have a quantity of seed required for a field (see Mishnah Peah, Chapter 5, Mishnah 1), even this, there is no benefit from it.",
                "ושל קברות – so that a Kohen nor a Nazirite will not enter into there.",
                "בסיד – A sign that the white plaster is like bones.",
                "וממחה ושופך – dilute the plaster/lime in water so that it will become more glossy white and then it is poured upon the grave.",
                "במה דברים אמורים – that they make a sign for fourth-year grapes and fruits of a tree during its first three years.",
                "בשביעית – where everything is ownerless and people can take with permissions. But in the rest of the years of seven-year cycle, when they come to steal, they stuff the produce into the mouth of the wicked person so that he will glut it and die (See Talmud Bava Kamma 69a) and they will take it to eat while it is forbidden.",
                "והצנועים – those who are exacting upon themselves, when they had fourth-year grapes during the seventh year, they would set aside the monies prior to harvesting and say: All that is harvested, when it will be harvest, will be redeemed on this."
            ],
            [
                "כרם רבעי – it has the same law as that of Second Tithe, and one must bring the fruits up to Jerusalem and consume them there, either them or their redeemed monetary value, and the Sages ordained that a walk of [one] day all around Jerusalem they would bring up their fruits [themselves] in order to adorn the markets of Jerusalem with fruit, and since every person would consume the fourth year’s fruits of a young tree, the mark would become full of the rest of the fruits.",
                "שיהא נפדה סמוך לחומה – even the vineyard that is near the wall.",
                "שאימתי שירצו – if the fruit would be diminished",
                "משחרב בית המקדש היה התנאי – not because the fruits increased, as has been said, but rather since the Temple was destroyed and Jerusalem came into the hands of the enemies, and they would not suspect to adorn the markets of Jerusalem with fruits."
            ],
            [
                "אין לו חומש – the owners do not have to add one-fifth [its value] when they redeem it.",
                "ואי לו ביעור – in the fourth year and in the seventh year when the tithes are removed (see Deuteronomy 26:13), for the [added] fifth and removal are not mentioned with regard to the fourth-year grapes and removal [of the fruits] but with regard to tithes. And however, the School of Shammai admits that it has redemption, and even though redemption is not stated in the Biblical verses related to fourth-year grapes, that we derive it from what is written (Leviticus 19:24): “[In the fourth year all its fruit] shall be set aside for jubilation before the LORD.” We call it ceased to be sacred (i.e., by being redeemed) and thereafter it may be eaten.",
                "וב\"ה אומרים יש לו – that is derived [by analogy] from [the doubling of the word] \"קדש\" \"קדש\"/”sanctified,” “sanctified (see Leviticus 19:24 “[In the fourth year all its fruit] shall be set aside [[קדש for jubilation before the LORD – with regard to fourth-year grapes and Leviticus 27:30: “All tithes from the land, whether seed from the ground or fruit the tree, are the LORD’s; they are holy [קדש] to the LORD” concerning Second-Tithe), to give it (i.e., fourth-year grapes) the law of [Second] Tithe (see Talmud Kiddushin 54b).",
                "יש לו פרט ויש לו עוללות – (For a definition of these terms, see Mishnah Peah, Chapter 7, Mishnayot 3-4.) That they (i.e., The School of Shammai) hold that the money belongs to the owner and that the money is not for “on high” (i.e., God’s), therefore, he is obligated for grapes fallen off during cutting and the gleanings reserved for the poor in every vineyard of the world. And the por who glean the grapes that had fallen off during cutting and gleanings reserved for the poor sell those that in their fourth year and redeem them for themselves and eat the redemption in Jerusalem. [Note that an עוללת can also be referring to a small single bunch (on a single branch, or handing down directly from the trunk – as opposed to אשכול/a cluster of grapes)].",
                "וב\"ה אומרים כולו לגת – for they (i.e., the School of Hillel) hold that it is money of “on-high” (i.e., God’s) like [Second] Tithe. Therefore, there are no [obligation for] grapes fallen off during cutting and the gleanings reserved for the poor, but one stamps on them all together as one and brings them up and eats them in Jerusalem, or he redeems it and brings up the monies [to purchase food] in Jerusalem."
            ],
            [
                "מניח את הסך על פי שלשה – [three] specialists in estimation, for ordinary fourth-year’s fruits from a young tree’s monetary value is not known since you have to calculate the expenditures as the Mishnah teaches here.",
                "לפדות בסלע – that is to purchase with a Selah while it is attached to the ground.",
                "על מנת להוציא יציאות מביתו – the salary of working the vineyard from the time that it is called a fruit, such as the salary for guarding and hoeing.",
                "ומניח את המעות – according to the estimation, after they estimated so-and-so many baskets per Selah."
            ],
            [
                "ובשביעית – for there is no salary for guarding or for working the ground, he redeems it according to its value.",
                "אם היה הכל מופקר – if the owners made their fourth-year fruits from a young tree ownerless, the person who takes possession of them does not deduct anything other than the salary of harvesting, and he brings the fruits up to Jerusalem or redeems them and brings up their monetary equivalent [in cash]. But we don’t say that from when it became ownerless, he took possession and the law of the fourth year doesn’t apply with it. And on the seventh year, he does not deduct the salary of harvesting, for each person harvests for himself.",
                "מוסיף עליו חומש – The anonymous Mishnah is according to the School of Hillel, which derives [through an analogy of] \"קדש\" \"קדש\" (as seen in Mishnah 3 of this chapter) from [Second] Tithe.",
                "בין שניתן לו במתנה – while it is in the budding stage, for if it were after its ripening, the School of Hillel would hold that it is the money of “on-high” (i.e., God’s) like [Second] Tithe and you are not able to give it as a gift."
            ],
            [
                "ערב יום טוב הראשון של פסח וכו' – As it is written (Deuteronomy 14:28): “Every third year you shall bring out the full tithe of the yield of that year, [but leave it in your settlements],” and it states further on (Deuteronomy 31:10): “ Every seventh year, the year set for remission, at the Feast of Booths.” Just as there (Deuteronomy 31:10), it is speaking of a Festival, so here (Deuteronomy 14:28) too, it speaks of a Festival. If just as there (Deuteronomy 31:10), the Festival of Booths, so here (Deuteronomy 14:28) too, the Festival of Booths, as the inference teaches us, (Deuteronomy 26:12): “When you have set aside in full the tenth part of your yield…,” the Festival in which all the Tithes are completed. One can say that this is Passover, where the produce of the third year is not completed to be harvested completely until the Passover of the fourth year comes, and similarly, from the sixth year, until the Passover of the seventh year comes.",
                "תרומה ותרומת מעשר לבעלים – to the Kohanim, for the heave-offerings/sacred gifts are theirs.",
                "ומעשר ראשון לבעליו – to the Levites.",
                "ומעשר עמי לבעליו – to the poor.",
                "מתבערים בכל מקום – one must remove them and destroy them from the world.",
                "הבכורים נתנים להכהנים כתרומה – and there is no need to destroy them from the world because the All-Merciful One [calls them] (i.e., First-Fruits) Terumah/heave-offerings, and the Master stated (Deuteronomy 12:17): “[You may not partake in your settlements of the tithes of your new grain or wine, or oil, or of the firstlings of your herds and flocks]… “\"ותרומת ידך/or of your contributions,” as it is written concerning them (Deuteronomy 26:4): “The priest shall take the basket from your hand…” But the Halakha is not according to the School of Shammai."
            ],
            [
                "בזמן הזה – when the Temple does not exist",
                "צריך לחללן על הכסף – As it is written (Deuteronomy 14:25): “[You may convert them into money.] Wrap up the money in your hand [and take it with you to the place that the LORD your God has blessed you.]” The money alone you take up [to Jerusalem].",
                "אחד שהן כסף ואחד שהן פירות – which require hiding away, for what value is redemption? (see Ma’aser Sheni, Chapter 1, Mishnah 5 at the end)."
            ],
            [
                "מהרו ותקנו אעת פירותיכם – heave-offerings [for the Kohen] and [First] tithes [for the Levite] to give them to those whom are appropriate, and Second Tithe – to bring it up and to consume it in Jerusalem.",
                "שלא הגיעו לעומת המעשרות – Each and every fruit as its due season (i.e., harvested products when they have arrived at the stage when they are subject to tithes – see Mishnah Peah, Chapter 8, Mishnah 8 and Mishnah Ma’aserot, Chapter 5, Mishnah 5) is explained in the first chapter of Tractate Ma’aserot.",
                "פטורים מן הביעור – For at first, they would say that prior to the stage when they are subject to tithes, they also require removal [from the house] (see Deuteronomy 26:14)."
            ],
            [
                "מי שהיו פירותיו רחוקים ממנו – they were already ritually prepared (i.e., tithed), and the time had arrived for removal.",
                "צריך לקרות להם שם – (see also, Mishnah Ma’aser Sheni, Chapter 4, Mishnah 7) to make assignment of them to their owners, according to the precedent of Rabban Gamaliel and the Elders.",
                "עשור שאני עתיד למוד – First Tithe that I will, in the future, give from the produce that I have in my house.",
                "נתון ליהושע – He was a Levite. But he did not give the “Great Tithe” now (i.e., the two-percent portion that was to given at the outset to a Kohen), because the Terumah/heave-offering is separated at the granary, [as is taught in a Baraitha], for it is impossible for the granary to be uprooted other than if the “Great Tithe” was already given, and it had already been separated in the granary.",
                "ומקומו מושכר לו – and the place of the [First] Tithe was already leased to him, and he will purchase the Tithe on account of the land.",
                "עשור אחר – the Poor Tithe (which is separated in the third and sixth years of the seven-year agricultural cycle).",
                "נתון לעקיבא בן יוסף – He was the treasurer/manager of the Poor.",
                "עשור שאני עתיד למוד – the tithe of a tithe – which I have to give to a Kohen from the [First] Tithe that Rabban Gamaliel gave me.",
                "נתון לאלעזר בן עזריה – He was a Kohen and tenth [generation] to Ezra [the Scribe].",
                "ונתקבלו שכר זה מזה – Rabban Gamaliel received from Rabbi Yehoshua the payment of his place (i.e., rental) of the First Tithe and the payment of his place (i.e., rental) of the Poor Tithe from Rabbi Akiba and Rabbi Yehoshua received the payment of his place (i.e., rental) – “the tithe of the tithe” from Rabbi Eleazar ben Azariah, and each one acquired a place of the Tithe that was appropriate for him with the money that he gave to the renter, for the renting of land is acquired through money."
            ],
            [
                "ביום טוב אחרון היו מתודין – and they would not confess on the first day of the Festival immediately after the removal [of the fruits of the third and sixth years of the seven-year cycle], in order that he would have something to eat during the Festival. Therefore, on the eve of the first day of the Festival, he would remove [fruits] and leave them over until the last day.",
                "זה מעשר שני ונטע רבעי – which are called holy/sacred.",
                "זה מעשר לוי – that is, the First Tithe",
                "וגם נתתיו זה תרומה גדולה – and also, it is a supplement, implying that “I have given it to the Levite” (as per Deuteronomy 26:13) beyond what I gave to the Kohen.",
                "מן הבית זו חלה – which was thrown from the dough in the house."
            ],
            [
                "ולא מן התלוש על המחובר וכו' – that is from that which is obligatory for that which is exempt, and from that which is exempt for that which is obligatory.",
                "ולא מן החדש על הישן – as it is written (Deuteronomy 14:22): “[You shall set aside] every year [a tenth part of all the yield of your sowing] that is brought from the field,” and not from this year for its neighboring year.",
                "ולא שכחתי מלברכך ומלהזכיר שמך עליו – since we recite a blessing to separate the heave-offering/sacred donation [to the Kohen], and similarly on the First and Second Tithes and the Poor Tithe, and for the redemption of the Second Tithe, and for Hallah, on all of them we recite a blessing."
            ],
            [
                "לא אכלתי באוני – the entire day of death is [a period of] grief according to the Torah, and even after the burial, and the night that is after the day of the death is [a period of] grief according to the Rabbis. And similarly, the day of burial which is not the day of death is [part of the period of] grief according to the Rabbis.",
                "לא לקחתי ממנו ארון ותכריכין למת – and in a similar manner, for the [still] living, it is forbidden, for it is prohibited to purchase clothing and things like it from the Second Tithe [monies] as it is taught at the conclusion of the first chapter (Mishnah 7):” [this is the general principle:] if one purchased anything other than food, drink or anointment [with money from Second Tithe], if he purchased, he must consume of an equal value.” And [the Mishnah] did not make mention here the bier and the burial shrouds other to inform us that it not matter if he anointed from it [that was to be used] for the dead person, for he cannot make confession, as it says (Deuteronomy 26:14): “[I have not eaten] of it [while in mourning],” from the body of the [Second] Tithe, but even if he purchased a bier and burial shrouds [from it] and did not give from the substance of the Tithe for the dead, he is not able to recite the confession."
            ],
            [],
            [
                "מכאן אמרו – since it is written (Deuteronomy 26:15): “[and bless Your people Israel] and the soil You have given us.”",
                "ויש להם ערי מגרש – and they [i.e., Kohanim and Levites} are able to confess on the tithes that they bring from the fields of their cities. And the Halakha follows the opinion of Rabbi Yosi."
            ],
            [
                "יוחנן כ\"ג – who served in the High Priesthood after Shimon HaTzaddik/the Righteous ( see Mishnah Avot, Chapter 1, Mishnah 2 – who was one of the last of the Men of the Great Assembly).",
                "העביר הודיות המעשר – Since Ezra fined the Levites in that he would not give to them the [First] Tithe, for when he went up [to the Land of Israel] from the Diaspora and the sons of Levi did not go up with him, he commanded that they should give the [First] Tithe to the Kohanim, but Yohanan the Kohen Gadol/High Priest abolished the Confession (see Deuteronomy 26:13-15), since he was unable to say [the words] (Deuteronomy 26:13): “[I have cleared out the consecrated portion from the house;] and I have given it to the Levite, [the stranger, the father, and the widow, just as You commanded me...].",
                "בטל את המעוררים – for the Levites would recite on each day on the platform/Dukhan (Psalms 44:24): “Rouse Yourself; why do You sleep, O LORD? [Awaken, do not reject us forever!].” He said (to them): Is there sleep before God? Therefore, he stood and abolished them.",
                "את הנוקפים – for they would wound the sacrificial calf between its horns in order that blood would fall into its eyes in order that he would not see and it would be easy to invert it and slaughter it. He stood and abolished it (i.e., this practice), for it appeared as a like having a blemish (making it unfit for the altar, for priestly service, etc.) and they established for them rings in the ground to draw the neck of the animal into it (by the use of a rope passing through it, drawing the animal’s head down- See Mishnah Middot, Chapter 3, Mishnah 5). [The word] \"נוקפים\" – striking – and an example of this: A person does not strike his finger from below (Talmud Hullin 7b).",
                "היה פטיש מכה בירושלים – those who engrave copper and iron would strike it with a hammer to do work that cannot be postponed without irretrievable loss which is permissible during the [Intermediate Days] of the Festival [of Passover and Sukkot]. And he stood and abolished them because the thing grows too loud and there is a despising of the Festival.",
                "ובימיו אין אדם צריך לשאול על הדמאי – for he said to the people of his generation: just as the Great Priest’s Due (2% that went to a Kohen) has the punishment of the death penalty [for non-compliance with this regulation], so too the Terumat Ma’aser/the ten percent that the Levite gave to the Kohen and eatables forbidden pending the separation of sacred gifts carry the death penalty [for non-compliance]. And he ordained that they should take out from that which was doubtfully-tithed only the tithe of the tithe that the Levite owes to the Kohen and Second Tithe, and they should not remove from it First Tithe or the Poor Tithe (in years three and six), for they can say to the Levite or to the poor that he brought proof that it is eatables forbidden pending the separation of sacred gifts and they should take [them]. And from this ordinance onward, he whomever purchases produce from the market would not ask if they were properly prepared or not, but he can immediate separate from them the Priest’s Due, the tithe of the tithe that the Levite gives to the Kohen and Second Tithe and eat the remainder. For all who purchase produce from an ignoramus are considered doubtfully tithed."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ]
    ],
    "heTitle": "ברטנורא על משנה מעשר שני",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Zeraim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
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}