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

{
    "title": "Bartenura on Mishnah Bikkurim",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Bikkurim",
    "text": [
        [
            [
                "<b>There are those who bring and recite. </b> [They recite] the reading of <i>bikkurim</i>, from \"...My father was a fugitive Aramean...\" (Devarim, 26:5)  to the end of the passage.",
                "<b>But [the tree] leans into [another's] private property. </b> [Someone who] dug a hole and inserted in the ground a shoot from a tree [to propagate the tree and create a new one], but the top of the shoot comes out in the field of his neighbor, or in <i>birshut harabim</i>. And in the same way, if the plant stands in the field of his neighbor or in the <i>birshut harabim</i>, and the top of the shoot comes out in his field; [in these cases] he does not bring, as explained next (Mishnah 2),  because not all the growth is in his land.",
                "<b>But a road for an individual or a public road is in the middle </b>. For example, he has two gardens on the two sides of some road; he doesn't bring, because not all the growth is in his land.",
                "כזה מביא – since he has permission to do this, that it is permitted to make a cavity under the public domain and that does not do damage to the public area at all. As we read (Deuteronomy 28:11): “[and the produce of] your soil [in the land that the LORD swore to your fathers to assign to you].” But nevertheless, Rabbi Yehuda holds that even though one brings [the First Fruit] but does not recite the passage (Deuteronomy chapter 26:5-10). But the Halakah does not follow [the opinion of] Rabbi Yehuda."
            ],
            [
                "האריסין – who receives the field [for personal use] for one-half, one third or one-fourth [of the produce].",
                "חכירות – receives the field [for personal use] for a fixed amount – so-and-many Kor per year, whether it [the field] produces a lot or whether it [the field] produces a little.",
                "סקריקון – someone who murders people – and he [the owner of fields] gives him land in order that he not kill him; and the word סקריקון/Sikrikon – [is an acronym which] comes from “Take this land and leave me [alone]. And even though he gives [it] to him for temporarily, he does not renounce [his ownership] over it, as he holds that today he takes it [away], but tomorrow, I will make a claim against him in court."
            ],
            [
                "אלא משבעת המינין – As it is written (Deuteronomy 26:2), “And you shall take some of every first fruit of the soil,” and not all of the first [fruit], for all of the fruits are not required for [the ceremony of] First Fruits, other than the seven species through the land of Israel is praised: wheat, barley, [vines, figs, and pomegranates, olives and honey – see Deuteronomy 8:8]; and [the] honey [referred to] is the honey of the date-palm.",
                "מתמרים שבהרים ופירות שבעמקים – because they are inferior [in quality]",
                "ולא מזיתי שמן שאינם מן המובחר – as it is written, (,Deuteronomy 8:8), “a land of olive trees and honey”; olives fit for storage (medium size – see Mishnah Kelim 17:8), upon which rain comes and stores up its oil in it (i.e., does not let it trickle out) and It is the best and praiseworthy.",
                "אין מביאין בכורים קודם לעצרת – The two loaves that we bring on Shavuot are called “Bikkurim”/First Fruits, and these permit [the usage] of new grain in the Temple."
            ],
            [
                "שאינו יכול לומר \"אשר נשבע לאבותינו לתת לנו\" – Since his ancestors were not from Israel and converts did not take a portion in the land. But Maimonides wrote that the Halakha is not like this Mishnah; rather, the convert brings [the First Fruits] and recites [Deuteronomy 26:5-10] and is able to say, “to our fathers to assign us” (Deuteronomy 26:3), because the Land was given to Abraham and he was the father of converts, as he was for Israel, as it states (Genesis 17:5): “for I make you the father of a multitude of nations.” But we [the Rabbis] expound upon it {Berakhot 13a): “In the past, you were the father of Aram; now you are the father of the entire world.” And similarly, when he [the convert] prays, whether on his own or in the synagogue, he says, “the God of our fathers” even if his mother was not an Israelite."
            ],
            [
                "לא תנשא לכהונה – As it is written in Ezekiel (44:22): “…they may marry only virgins of the stock of Israel.” And when her mother is from the seed of Israel, we call her, “from the stock of Israel,” for it implies even a part of the [stock] of Israel, and the law follows ab initio according to Rabbi Eliezer ben Yaakov, but de facto, if he married [a divorcee or a widow], we don’t remove the wife from him, and her children are valid even to become High Priests.",
                "האפוטרופוס – who is appointed over the orphans, whether the Jewish court appointed him or the father of the orphans appointed him. אפוטרופוס – The father of the minors. In the language of the Romans, we call the father PATER and the Minors are called POS.",
                "והשליח – that harvest them from the beginning to send them by the hand of another, then he is able to send them, but if he harvest them to being them in himself, he cannot send them via an agent, for all First Fruits that appear for the recitation [of the Biblical verses] , are not given other than through recitation of [the Biblical verses – Deuteronomy 26:5-10].",
                "והאשה – but if she has a husband, her husband brings [the First Fruits] and recites [Deuteronomy 26:5-10], as it is written (Deuteronomy 26:11): “that the LORD your God has bestowed upon you and your household,” teaching that a man brings the First Fruits of his wife and recites {Deuteronomy 26:5-10).",
                "שאין יכולין לומר \"אשר נתת לי\" – for land was not apportioned for females, as it is written (Numbers 26:54): “…Each/איש is to be assigned its share [according to its enrollment],” until it will be definitely be a man."
            ],
            [
                "מביא ואינו קורא – It is doubtful to the first Teacher [of our Mishnah] if he purchased the land or not,=; therefore, it is doubtful that he brings [the First Fruits] and he does not recite [the formula] {Deuteronomy 26:5-10) when there is a doubt. And specifically [referring to] two trees, but concerning three trees, everyone admits that he brought the land and that he brings [the First Fruits] and recites [the formula]. (Deuteronomy 26:5-10), as is taught at the end of this chapter.",
                "רבי מאיר אומר: מביא וקורא – For he thinks that a person who purchases two trees also purchased the land that is underneath them and outside of them as far as the light and his basket, and the Halakha is not according to Rabbi Meir.",
                "יבש המעין – If the tree is alive and growing from it.",
                "נקצץ האילן – And it became dry and was cut prior to separating out the First Fruits. But if he first separated out the First Fruits, since they appeared [ready] for the reading (of Deuteronomy 26:5-10), and it was postponed, the fruit will rot.",
                "ר' יהודה אומר: מביא וקורא – Since the land exists, we don’t worry about the tree. And the Halakha is not according to Rabbi Yehuda.",
                "מן החג ועד חנוכה מביא ואינו קורא – As is it written in the portion of the First Fruits (Deuteronomy 26:11): “And you shall enjoy, [together with the Levite and the stranger in your midst], all the bounty that LORD your God has bestowed upon you and your household.” There is no recitation [of the First Fruits formula] other than at the time of joy – from Shavuot up until The Festival (Sukkot), when a person collects his grain and fruits and rejoices in them. From Sukkot and onwards, even though much fruit is collected until Hanukkah, nevertheless, the “rejoicing” of that year has already been completed during Sukkot. Therefore, he rings the fruit, but does not recite [the First Fruit passage], and from Hanukkah onwards, he does not bring [the First Fruits] at all, as it is written (Deuteronomy 26:2): “…which you harvest from the land that the LORD your God is giving you…” All the while that they are found on the land [they bring], and until Hanukkah they are found [on the land].",
                "ר\"י אומר: מביא וקורא – For he (Rabbi Yehuda) does not expound on “and you shall enjoy” (Deuteronomy 26:11), at the time of enjoying/rejoicing. And the Halakha does not follow the opinion of Rabbi Yehuda."
            ],
            [
                "והשני מאותו המין אינו מביא – The individual who purchases the field does not bring First Fruits from the same field, from the same seed/species that the seller had brought from, as it is written (Deuteronomy 26:3): “…I acknowledge this day [before the LORD your God that I have entered the land].” One time a person acknowledges, but he does not acknowledge twice.",
                "ר\"י אומר: אף מאותו המין מביא וקורא – That which we said that one time a person acknowledges, but he does not acknowledge twice, these words concern one individual, but with two people, he acknowledges and then [the other] acknowledges again. But the Halakha does not follow Rabbi Yehuda."
            ],
            [
                "נמקו – to be rotted and decayed, such as (Leviticus 26:39): “they shall be heartsick [over the iniquities of their fathers].”",
                "נבזזו – they were stolen from him, such as (Deuteronomy 2:35): “We retained as booty [the cattle and the spoil of the cities that we captured].”",
                "אין חייבין עליהם חומש – A foreigner (i.e. non-Kohen) who ate of them does not pay the additional fifth. But this Mishnah is that of an individual opinion and is not the Halakha, but the Halakha is that they are obligated to pay the additional fifth.",
                "נטמאו בעזרה נופץ ואינו קורא – which is our reading, that is to say, to empty and pour out the fruit from the basket since they have become defiled. But the basket is given to the Kohen, as it is written (Deuteronomy 26:4): “The priest shall take the basket from your hand [and set it down in front of the altar of the LORD your God].” There are times when the Kohen takes nothing other than the basket. But he is not obligated to bring other First Fruits in their place, for since they came to the Temple Mount , they are not obligated any further surety."
            ],
            [
                "הרי שהביא ממין אחד וקרא – It was not necessary other than for Rabbi Yehuda who said above (in Mishnah 7) that he recites the formula (Deuteronomy 26:5-10 and then recites it again [when it is resubmitted], which comes to teach us that one person does not recite the formula (ibid.) and then recite it again [when it is resubmitted]."
            ],
            [
                "הכי גרסינן: מפירות שבהרים ומתמרות שבעמקים ומזיתי שמן מעבר לירדן. ר\"י הגלילי אומר: אין מביאין בכורים מעבר הירדן שאינה ארץ זבת חלב ודבש – And this is its explanation: Fruit that is in the mountains is more tasty than fruit in the valleys. Therefore, we bring First Fruits from fruit that is in the mountains. But the date-palms are the reverse of this, as the date-palms in the valleys are fuller than honey and are more desirable than the date-palms is the honey within them, for the Torah called the date-palms “honey”; therefore, we bring First Fruits from the date-palms in the valleys and not from the mountains.",
                "ומזיתי שמן – from olives that produce oil.",
                "מעבר הירדן – From the fruit of the other side of the Jordan [River Valley] , we also bring First Fruits, even though they are not from “a land flowing with milk and honey.” And since the Holy One, blessed be He gave it to Israel, we call it, “the fruit of the land that the LORD has given me.” And Rabbi Yosi HaG’lili disputes this and says that we don’t bring First Fruits from the other side of the Jordan River. And the Halakha does not follow Rabbi Yosi HaG’lili."
            ],
            [
                "הקונה שלשה אילנות – undefined, and it doesn’t explain if he purchased the land [as well] or not.",
                "מביא וקורא – as is undefined. If he purchased the land under them and outside of them, but less than three trees undefined, he did not purchase the land. But Rabbi Meir disputes this and says that even [if he purchased] two trees, he also purchased the land [underneath]. But the Halakha does not follow Rabbi Meir.",
                "אף בעלי אריסות וחכירות מביאין וקוראין – For Rabbi Yehuda holds that tenant who tills the owner’s ground for a certain share {percentage) in the produce and a tenant farmer who pays the landlord a certain rent in kind (whether the year is a good one or not, fiscally), there is purchase of the land as if he has a portion in it. But the Halakha does not follow Rabbi Yehuda."
            ]
        ],
        [
            [
                "התרומה והבכורים חייבין עליהן מיתה – A foreigner (i.e., non-Kohen/priest) who willfully eats them (i.e., the heave offering and the first-fruit offerings) are liable to death at the hands of heaven, as it is written regarding the heave offering (Leviticus 22:9): “[They shall keep My charge, lest they incur guilt thereby] and die for it, having committed profanation: [I the LORD consecrate them].” And “First-Fruits” are called/referred to as Terumah, “the Terumah of your hands” are the First Fruits, as it says concerning them (Deuteronomy 26:4): “The priest shall take the basket from your hand [and set it down in from pf the altar of the LORD your God.”",
                "וחומש – He (i.e., the foreigner/non-Kohen) who eats of them inadvertently pays the principal amount to the owners and the additional fifth to any Kohen that he desires.",
                "ואסורים לזרים – it is taught [in the Mishnah] for no reason, for since they (i.e., the non-Kohen who partakes of these) are liable for the death penalty [if eaten willfully] and the payment of the additional fifth [in addition to the principal if eaten inadvertently], it is obvious that it is forbidden to foreigners (i.e., non-Kohanim). And for Rabbi Yehuda who stated that half the legal size is forbidden from the Torah, we have found [worthy] to say that is taught in the Mishnah “forbidden to non-Kohanim/foreigners” for half the legal size – that this is forbidden from the Torah, and there is no death [penalty] or [payment of] the additional fifth.",
                "",
                "ועולים באחד ומאה – If it got mixed with one-hundred parts of unconsecrated things.",
                "וטעונים רחיצת ידים – A Kohen who wishes to touch them must first [ritually] wash his hands , for one’s unknown hands (i.e., if they are defiled or not) invalidate the Terumah/heave-offering and First Fruits are also called/referred to as Terumah.",
                "והערב שמש – An impure person (i.e., in this case, a Kohen), who ritually immersed himself cannot partake of the Terumah until sunset, as it is written (Leviticus 22:7): ‘As soon as the sun sets, he shall be pure; and afterward he may eat of the sacred donations [for they are his food].” And same law applies to the First Fruits.",
                "משא\"כ במעשר – which is permitted to foreigners (i.e., non-Kohanim). But it is forbidden to purchase with the monetary value of the Second Tithe/Ma’aser Sheni an impure animal or slaves and land, and it is made void with a majority of it where there is not an act that makes it permissible. But he who touches it does not require the ritual washing of the hands, and it does not require [waiting until] sunset for we have said: He may immerse and come up and eat the Second Tithe."
            ],
            [
                "הבאת מקום – to bring them (Ma’aser Sheni and Bikkurim) to Jerusalem, as it is written (Deuteronomy 12:6): “And there you are to bring your burnt offerings and other sacrifices, your tithes and contributions…”And they [i.e., the Rabbis] expound that “contributions”/תרומת ידכם are First Fruits.",
                "וטעונים וידוי – Regarding [Second and Poor] Tithes, it is written (Deuteronomy 26:13): “You shall declare before the LORD your God: ‘I have cleared out the consecrated portion from the house’..” and regarding First Fruits, it is written (Deuteronomy 26:5): “You shall then recite as follows before the LORD your God: ‘My father was a fugitive Aramean’.…” And even though the heave offering (of consecrated foodstuffs) also requires confession as we say (Deuteronomy 26:13): “and I have given it to the Levite, [the stranger, the fatherless and the widow]…”, this is the heave offering/consecrated food [for the Kohen] and the contribution of tithes [by the Levite for the Kohen]. However, However, the [second] tithe and First Fruits are separate tithes, or First Fruits alone require confession, and the heave offering/consecrated food for the Kohen if he only has the heave offering, it does not require confession.",
                "ואסורין לעונן – Regarding the [Second] tithe, it is written (Deuteronomy 26:14): “I have not eaten of iot while in mourning,” and regarding First Fruits, it is states (Deuteronomy 26:11): “And you shall rejoice, [together with the Levite and the stranger in your midst]…” which teaches that these are forbidden to someone in mourning (literally, someone whose dead lies before them, as yet unburied).",
                "ורבי שמעון מתיר – [Rabbi Shimon permits] First Fruits [to a Kohen] in mourning, for they are called “heave offerings/consecrated food” by the Torah and heave offerings are permitted to someone in mourning.",
                "וחייבים בביעור – to remove them out of existence from the world at the end of three years, as it is written in the portion of the [Second] tithe (Deuteronomy 26:13): “I have removed the consecrated portion from the house” and implying also First Fruits, since it is written, “the consecrated portion”. The higher level of sanctity is the First Fruits, which were mentioned in the portion above it.",
                "ור\"ש פוטר – [Rabbi Shimon exempts] First Fruits from the [commandment of] removal, but they should be given to the Kohen, since they are called “Terumah” by the Torah and there is no need to remove Terumah/heave-offering from the world.",
                "<b> Are forbidden.</b> [If ]<i> maaser sheni</i> or <i>bikkurim</i> become mixed with <i>chullin</i>, the mixture is forbidden irrespective of the relative quantities, and [they] are not nullified if [the ratio to the <i>chullin</i> is less than] one to a hundred.  ",
                "<b>[May] not be eaten in Yerushalaim.</b> That is to say [\"may not be eaten if they were mixed while they were in Yerushalayim\":] if <i> maaser sheni</i> or <i>bikkurim</i> become mixed with <i>chullin</i> while they are in Yerushalaim, then the mixture is forbidden to be eaten by the laws of <i>chullin</i>, because they are something for which there are reasons to allow [<i>davar sheyesh lo matirin</i>, a category discussed also in Beitzah, 3b: a prohibited item that can be permitted without the process of nullification, and as such the nullification does not take place, not even if mixed in the ratio of a thousand to one] because it is possible to eat the whole mixture where it [already] is, [i.e. Yerushalaim]. But <i> maaser sheni</i> or <i>bikkurim</i> that become mixed with <i>chullin</i> outside of Yerushalaim are not forbidden irrespective of the relative quantities, because it takes effort to bring them up [to Yerushalaim], and as such are not defined as something for which there is reason to allow.",
                "<b>And their growths are forbidden.</b> [In the case of]a mixture of <i> maaser [sheni]</i> or <i>bikkurim</i> that was planted and sprouted and grew, also the growths are forbidden to be eaten by the laws of <i>chullin</i> if they are planted and grown in Yerushalaim. And their mixture is forbidden, irrespective of the relative quantities, because it is possible to eat it there in its place.",
                "אף לזרים ולבהמה – Second Tithe and First Fruits where we forbid their combination in any amount and their growth also is forbidden, and is forbidden [as well] even for foreigners (i.e. non-Kohanim) and cattle. If [we are dealing with] First Fruits, their combination is forbidden to foreigners and if [we are dealing with] [Second] Tithe, their combination is forbidden for cattle, that is not say specifically regarding the matter of it being eaten outside of Jerusalem which is forbidden in any amount, for that matter we consider a thing which requires an act to make them permissible for one can consume them in their place in Jerusalem, and even in one-thousand parts is not neutralized. But to prohibit this mixture to foreigners (i.e. non-Kohanim) and cattle, for the prohibition of foreigners an cattle have nothing that will make it permissible. You might think that I should say that they would not prohibit the",
                "mixture in any amount, therefore, it comes to teach us that since this mixture carries the name “First Fruits” and “[Second] Tithe,” which prohibits eating them outside of Jerusalem, regarding this matter, applies the prohibition for foreigners to eat them if they are First Fruits, or for cattle if it is [Second] Tithe.",
                "ור' שמעון מתיר – This refers only to their growth, for he thinks that they are nullified, but regarding the mixture itself, Rabbi Shimon admits [that it is permitted]. But the Halakha is not according to Rabbi Shimon for this entire Mishnah."
            ],
            [
                "אוסרין את הגורן – It is prohibited to eat from the grain in the threshing floor/granary until the heave-offering/sacred donations to the Kohen and tithes are separated out but First Fruits do not prohibit [the granary].",
                "ויש להן שיעור – The heave-offering/sacred-donation to the Kohanim have a Rabbinically [determined] minimal measure which is one-fiftieth (2%), but First Fruits lack a minimal measure, even Rabbinically.",
                "ונוהגים בכל הפירות – Rabbinically, but First Fruits may only come from the seven species (Deuteronomy 8:8 – i.e., wheat, barley, wine, figs, pomegranates, olives and honey).",
                "בפני הבית ושלא בפני הבית – But Bikkurim are in effect only when the Temple exists, as it is written regarding them (Deuteronomy 26:4): “[The priest shall take the basket from your hand] and set it down in front of the altar of the LORD your God.” If there is no altar, there are no “First Fruits.”",
                "ובאריסות ובחכירות וכו' – It is explained above at the beginning of the first chapter of Bikkurim (Mishnah 2), for the First Fruits do not come other than from someone whose field is legally his, as it is written (Exodus 23:19): “The choice first fruits of your soil [you shall bring to the house of the LORD your God.”"
            ],
            [
                "נקנים במחובר לקרקע – As it is written (Numbers 18:13): “The first fruits of everything in their land [that they bring to the LORD, shall be yours; everyone of your household who is clean may eat them].” At the time when they are attached [to the ground] in their land they are “First Fruits,” and such is taught in the Mishnah (Chapter 3, Mishnah 1) further on, “A person goes down into his field, etc. and ties it with bulrushes/reed-grass and says: ‘Behold these are First Fruits’.”",
                "ועושה אדם כל שדהו בכורים – as it is written (Numbers 18:13): “The first fruits of everything [in their land]…”",
                "וטעונים קרבן – It is stated with regard to First Fruits: “joy” [as written in Deuteronomy 26:11): “And you shall enjoy (literally, “you shall rejoice”),[together with the Levite and the stranger in your midst…].” And it states further on (Deuteronomy 27:7): “And you shall sacrifice there offerings of well-being and eat them, rejoicing before the LORD your God.” Just as there (Deuteronomy 27:7), [it speaks about] offerings of well-being, so too here (Deuteronomy 26:11).",
                "ושיר – It is stated here (Deuteronomy 26:11): “You shall enjoy…all the bounty” and it is stated further on (Ezekiel 33:32): “[To them you are just] a singer of bawdy songs, who has a sweet voice and plays skillfully; [they hear your words , but will not obey them].”",
                "ותנופה – It is written here (Deuteronomy 26:4): “The priest shall take the basket from your hand;” and it is written there (Leviticus 7:30): “His own hands shall present the LORD’s offerings by fire. [He shall present the fat with the breast, the breast to be elevated as an elevation offering before the LORD].” Just as there is an elevation offering, so also here an elevation offering.",
                "ולינה – It will stay over in Jerusalem the entire night after the day that he brought the First Fruits, as it is written (Deuteronomy 16:7): “[You shall cook and eat it at the place that the LORD your God will choose;] and in the morning you may start back on your journey home.” Therefore all “starting back” that you do only take place in the morning."
            ],
            [
                "נטלת מן הטהור על הטמא – For behold, the heave-offering/sacred donations [for a Kohen] are not taken from that which is pure/clean from that which is unclean/impure which is the reason that we require that which is close-by, and we are concerned that perhaps they are not close-by, for there is doubt that perhaps the pure came in contact with the impure. And this is the reason that we say here that the heave-offering/sacred donations is not taken from a mass which is not in close neighborhood of those products which are to be redeemed.",
                "ויש לה שיעור כתרומה – For the Sages gave a [minimum] measure for the heave-offering/Terumah – two out of one-hundred."
            ],
            [
                "שוה לאילן – that we “go” (i.e. determine it) following the formation of fruits or leaves. For we count [the] three [years towards] “Orlah”/being uncircumcised fruit (i.e., fruit-trees of the first three years) from the time when its leaves/fruit form, and similarly for that which is in its fourth year (which was carried to Jerusalem to be eaten there). And similarly for the seventh year produce, for its fruit/leaves formed in the sixth year and were completed in the seventh year, it is permissible [to eat from them]. But nevertheless, it is exempt from tithing, for concerning [the laws of] tithing, we follow after harvesting like the laws of vegetation, and since it is harvested in the seventh year, it is exempt from tithing."
            ],
            [
                "דם מהלכי שתים – which is the blood of a human being, like the blood of the slain",
                "להכשיר את הזרעים – to be susceptible to become defiled such as the blood of cattle, as it is written concerning it (Deuteronomy 12:24): “You must not partake of it; you must pour it out on the ground like water.”",
                "ודם השרץ – that is to say, that the blood of those walking on two legs (i.e., human beings) is equivalent to the blood of unclean reptiles/moving creatures, which concerning them we are not liable because of the [prohibition of] blood. But specifically, if they warned him concerning [the] blood, we are not liable for the blood of unclean reptiles but if they warned him on account of the unclean reptiles, he is flogged since the blood of unclean reptiles is like its flesh."
            ],
            [
                "כוי – The Sages of Israel disputed on [what this is]; there are those who say that a כוי – is a forest ram; and there are those who say that it is [the offspring of] a he-goat [that copulated] with a female gazelle; and there are those who say that it is a [unique] creature unto itself. But the Sages did not decide if it is a beast of chase/deer or cattle."
            ],
            [
                "טעון כיסוי כדם חיה – As a stringency’ and we do not recite a blessing on the act of covering with ashes the blood of killed animals, since it is a matter of doubt.",
                "ואין שוחטין אותו ביום טוב – Since it is prohibited to cover its blood, even though the ashes of the portable stove are ready for him; they are ready/prepared for something definitive, but not something doubtful.",
                "בטומאת נבילה בחיה – For the fat of a pure cattle is pure, as we derive from “Fat from animals that died or were torn by beasts may be put to any use, but you must not eat it” (Leviticus 7:24). And because it is it is doubtfully cattle and its fat is pure; it is doubtfully a deer/beast of chase, and its fat is impure, therefore, its impurity is doubtful.",
                "ואין פודין בו פטר חמור – lest it is an animal of chase/deer and the Torah stated (Exodus 34:20): “Burt the firstling of an ass you shall redeem with a sheep; [if you do not redeem it, you must break its neck].” But this is doubtful whether it is a sheep or a deer."
            ],
            [
                "חלבו אסור כחלב בהמה – like the abdominal fat of oxen, sheep or goats",
                "ואין חייבין עליו כרת – to bring a sin offering on his inadvertent error, and the same law applies that he is not to be flogged.",
                "ואינו נלקח בכסף מעשר לאכלו בירושלים – lest it is cattle. And we don’t purchase cattle for meat eaten for satisfying the appetite (i.e., secular meal of meat as opposed to sacrificial meats)from the tithe monies other than to offer peace-offerings.",
                "וחייב בזרוע ובלחיים ובקיבה – and we include these from the Biblical verse, as it is written (Deuteronomy 18:3): “This then shall be the priests’ due from the people: Everyone who offers a sacrifice, whether it is an ox or a sheep, must give the shoulder, the cheeks, and the stomach to the priest.” The words “or a sheep”/אם שה – include the כוי/kind of bearded deer or antelope.",
                "שהמוציא מחבירו עליו הראיה – As the owner of the cattle said to the Kohen, I will bring proof that it is a kind of cattle and we will balance it out. And the Halakha follows Rabbi Eliezer."
            ],
            [
                "לא כתב לו את הכוי – Even though he wrote both of them, he (i.e., the father) only had his mind on a [what was] a definite cow and a definite chase/deer. And Maimonides explained that if he (i.e., the father) had written (to his son) only his cattle, he (the son) did not acquire the kind of bearded deer or antelope/כוי , for when we say to him (the father), bring proof that it is cattle; for if he had written [to his son] only his chase/deer, we say to him, bring proof that it is chase/deer. And it appears from his words that if he wrote both of them, he acquired them, from whichever side you take.",
                "אם אמר הריני נזיר שזה חיה או בהמה – Whether he said I am a Nazirite if this is a deer, or whether he said I am a Nazirite if this is cattle, he is a Nazirite, because in the question of doubt as to whether one has violated a negative commandment, it is judged stringently. For even if he stated, Behold, I am a Nazirite if this is deer and cattle, or this neither deer nor cattle, this is a doubtful Nazirite [and judged stringently]."
            ]
        ],
        [
            [
                "כיצד מפרישין – שבכרה – And even if the fruit was not fully developed, as it is written (Deuteronomy 26:20): “[Wherefore] I now bring the first fruits [of the soil which You, O LORD have given me].” At the time that he brings it, it is fruit, but at the time that he separates it [for the First Fruits], it does not have to be [fully-formed] fruit, but even was half-ripe or unripe.",
                "הרי אלו בכורים – and it is not necessary to call it by another name after it has been harvested.",
                "ר' שמעון אומר: אעפ\"כ, חוזר וקורא שם – For he [i.e., Rabbi Shimon] expounds on the verse (Deuteronomy 26:2): “you shall take some of every first fruit of the soil.” Just as at the time when he brings the fruit, so too when at the time when he separates the fruit [he has to recite the First Fruits formula}. But at the time when calls them by name, the fruit have to be separated from the soil, just as they are when he brings them [to the altar of God]. But the Halakha does not follow the opinion of Rabbi Shimon."
            ],
            [
                "כל העיירות שבמעמד – there were twenty-four Ma’a’madot/posts –[divisions of popular representatives deputed to accompany the daily services in the Temple with prayers (and also a corresponding division in the country towns) answering to the divisions of Kohanim and Levites], parallel to the twenty-four divisions of the priesthood, and men of these “posts” were Israelites, who were agents of all of Israel to stand over the sacrifices with the Kohanim and Levities of that particular division of duty [for Kohanim and Levites]; each person for his assigned week, and they were called, the men of the division [of Israelites assisting the priests on duty on the platform and divided in parties corresponding to the priestly divisions].",
                "מתכנסות לעירו – of the head of the division, and they would not bring their First Fruit offerings, each individual on his own because of [what is written] (Proverbs 14:28): “A numerous people is the glory of a king.”",
                "ולא היו נכנסים לבתים – because of the defilement in the tent.",
                "ולמשכים – In the morning, when they arise.",
                "הממונה – the head of the division",
                "קומו ונעלה ציון – And on the way, they would recite )Psalms 122:1): “[A song of ascents. Of David.] I rejoiced when they said to me, ‘We are going to the House of the Lord.’” And when they arrived in Jerusalem, they would recite (Psalms 122:2): “Our feet stood inside your gates, O Jerusalem.” On the Temple Mount, they would recite (Psalms 150:1): “Hallelujah. Praise God in His sanctuary.” In the Temple Court, they would recite (Psalms 150:6): “Let all that breathes praise the LORD. Halleljah.”"
            ],
            [
                "תאנים וענבים – when they are moist",
                "והרחוקים – [far] from Jerusalem and their First Fruits care not able to be preserved so well.",
                "מביאין גרוגרות וצמוקים – figs and grapes that are dried",
                "השור הולך לפניהם – and they offer them as peace-offerings.",
                "ועטרה של זית בראשן – there are those who say because it is closer to the ground than all of the other trees that of the seven species, as it is written (Deuteronomy 8:8): “[a land of wheat and barley, of vines, figs and pomegranates,] a land of olive trees [and honey].” And there are those who say that because there among the rest of the trees of the seven species, there is not a nice tree whose leaves are moist/fresh like the olive.",
                "ועטרו את בכוריהם – And how do we decorate/adorn them? A person who First Fruits were dried figs, we wreath them with moist figs, and those whose First Fruits were raisins are adorned with moist grapes, and if they bring grapes, he shows the best and nicest of them from the top [of the pile].",
                "הפחות – the assistants of the Kohanim",
                "",
                "ולפי כבוד הנכנסים – according to the majority of those who enter, they would come out – if there are many, many come, and if there are few, few [come out].",
                "וכל בעלי אומניות שבירושלים עומדים מפניהם – even though that the master artisans are not obligated to stand before the scholars at the time when they are engaged in their work in order that they not become idle from their work; nevertheless, they were obligated to stand before those who brought the First Fruits for the Mitzvah is beloved [when performed] at its appropriate time. And for this reason, those who carry the coffin when the dead is within it, and because of those who carry the baby to the ritual circumcision."
            ],
            [
                "החליל – A kind of musical instrument whose sound can be heard from afar.",
                "היה נוטל על כתפו – since he had to give it from his hand to the hand of a Kohen, as it is written (Deuteronomy 26:4): “The priest shall take the basket from your hand [and set it down in front of the altar of the LORD].”"
            ],
            [
                "הגוזלות שעל גבי הסלים – that they would hang turtle-doves and pigeons and from the back of the First Fruit baskets, and not by the side of the baskets themselves so that they not be soiled, and these are burnt-offering sacrifices.",
                "ומה שבידם – Maimonides interpreted that the young children when they brought them in their hands, did not hang them on the back of the baskets, and it appears to me, what was in their hands? It was the First Fruits that they brought in their hands."
            ],
            [
                "רבי יהודה אומר: עד ארמי אובד אבי – But the Halakha is not according to Rabbi Yehuda.",
                "ואוחזו בשפתותיו וכהן מניח ידו תחתיו – from here it implies that the basket was on the hand of the Kohen but the owners would hold the basket above with their lips at the time of the waving; but not according to the words of the one who says that the Kohen places his hand underneath the hand of the owners and waves it.",
                "בצד המזבח – in the southwestern corner",
                "והשתחוה ויצא – from here it implies that he did not wave it other than only once at the time of the recitation [of the verses of Deuteronomy 25:5-10] alone. But the Tanna of the Sifre (the Midrashic verse-by-verse commentary on Deuteronomy) requires two wavings – one at the time of the recitation, as it is written (Deuteronomy 26:4): “The priest shall take the basket from your hand and set it down [in front of the altar of the LORD your God],” and we derive the [double-usage] of the word “hand”/יד from [the verse] (Leviticus 7:30): “His own hands shall present the LORD’s offerings by fire.” Just as there, [it requires] waving, so here too [there is] waving. And the second [waving] comes after he completed the Recitation. Since after the Recitation, it is written (Deuteronomy 26:10): “And you shall leave it [before the LORD your God and bow before the LORD your God].” The language [of the Biblical verse] (Exodus 32:34): “Go now, lead the people where I told you,” which refers to the waving that “he draws it away from himself and brings it towards himself, raises it and lowers it.”"
            ],
            [
                "נמנעו מלהביא – because of the shame as they do not know how to recite [the First Fruits formula of Deuteronomy 26:5-10].",
                "התקינו שיהו מקרין – for it is a Biblical verse used as a support for a Rabbinic enactment, as it is written (Deuteronomy 26:5): “You shall then recite as follows.” And there is no “reciting” other than from the mouth of another [whose words are repeated]."
            ],
            [
                "בקלתות של זהב – baskets overlaid with silver and gold",
                "הסלים והבכורים ניתנים לכהנים – the baskets of the poor are given to the Kohanim, and the vase-shaped baskets of the rich are return are returned to them. From here, they said (Bava Kamma 9a), “poverty follows the poor” (i.e. the poor man is always under a disadvantage)."
            ],
            [
                "מעטרים את הבכורים חוץ משבעת המינים – they surround the baskets containing the First Fruits with nice and praiseworthy fruits. And even though they are not from the Seven Species, such as quince and Etrog and others like these. And the same law applies if they are able to decorate it [the basket of the First Fruits] from fruit that grew outside the Land of Israel.",
                "רבי עקיבא אומר: אין מעטרין הבכורים אלא משבעת המינים – From fruit that grew in the Land of Israel which are liable for First Fruits (i.e., Deuteronomy 8:8). And the Halakha is according to Rabbi Akiba."
            ],
            [
                "הבכורים – the essence of the First Fruits are a fig that was the first to ripen and a cluster of grapes that were the first to ripen.",
                "תוספת הבכורים – at the time of the harvesting of the First Fruits, one adds to them from other figs or from other grapes.",
                "עיטור – the nice fruit that one brings closely together around the basket to beautify the observance of the commandment.",
                "מין שאינו במינו – He wreaths the basket of First Fruits of grapes with figs and of the First Fruits of figs with grapes, and even with fruits that are not from the Seven Species, according to the words of Rabbi Shimon, who holds that view above (Chapter 3, Mishnah 8).",
                "ופטורים מן הדמאי – If the Kohen took them from those who do not observe certain religious customs regarding tithes (i.e., “Am HaAretz”) who brought First Fruits."
            ],
            [
                "ואם אינה באה מן הארץ – such as the case where they brought the supplement from the other side of the Jordan [River], as is taught in the Mishnah above (Chapter 1, Mishnah 10), that they bring from there the First Fruits even though they are not from “the land flowing with milk and honey.” Alternatively, Our Mishnah is according to Rabbi Shimon who said (Chapter 3, Mishnah 9) that we adorn the First Fruits [with fruit] other than the Seven Species, and that law also applies from fruit that grew outside the Land of Israel, and just like according to him, we adorn [the First Fruits] with fruit [grown] outside the Land of Israel, so too, the supplement comes from fruit [grown] outside the Land of Israel. And this comes to – teach us here that the supplement which is not from the Land [of Israel] is not like the First Fruits."
            ],
            [
                "כספר תורה – that is to say, and a Torah scroll is like the First Fruits for this law, that the creditor takes his debt and a woman collects her Ketubah settlement. Another explanation: The Mishnah reads “AND a Torah scroll” (as opposed to “like a Torah scroll”). And it is permissible to purchase with them a Torah scroll, and even though that the Tanna of our Mishnah taught “an unclean animal.” And it was necessary to teach “Torah scroll” and not to mention all of these other things. Presume that they were not appropriate for eating, they are appropriate for a reward that [could be used] to purchase food. But a Torah scroll that is not appropriate for a reward that would come for the purchase of food, for one cannot sell a Torah scroll, I might say no, but this comes to teach us otherwise.",
                "אין נותנים אלא לחבר בטובה – A Kohen is not able to give the First Fruits other than to a Kohen who observes the Levitical laws in daily intercourse who eats his secular meat in purity and givens them to him as a favor with the expectation of reciprocation of the Torah of kindness and free-will donation, and it is not appropriate to purchase with them anything and even not to give them to a Kohen who does not observe the Levitical laws in daily intercourse, for since we don’t use them for the Divine service, we suspect lest that he is not careful with them.",
                "נותנין אותם לאנשי משמר – Whether he is someone who observes the Levitical laws in daily intercourse or not, we divide them between them.",
                "בקדשי מקדש – like the other holy aspects of the altar. And even though we don’t use them for Divine service, since we bring them into the courtyard, we are careful with them and we don’t come to eat them in defilement. And the Halakha is according to the Sages."
            ]
        ]
    ],
    "versions": [
        [
            "Sefaria Community Translation",
            "https://www.sefaria.org"
        ],
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org"
        ]
    ],
    "heTitle": "ברטנורא על משנה ביכורים",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Zeraim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}