{ "title": "Bartenura on Mishnah Makkot", "language": "en", "versionTitle": "merged", "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Makkot", "text": [ [ [ "When do witnesses become zomemin. This is what it means to say, those witnesses that were found zomemin and we don't do to them the law of hazama, meaning that we don't fulfill in them \"And do to them as they planned to do to their brother\", how are they made zomemin.", "We testify about this man so-and-so. Kohen.", "That he is the son of a divorced woman. In front of us his mother was divorced before she gave birth and behold he is unfit for the Temple service.", "We don't say. If they were made zomemin and they are Kohanim we make them into the son of a divorced woman to fulfill \"like they planned\", as it is written (Deuteronomy 19:19) \"Do to them as they planned\", to them and not their children. If we made them unfit for the Temple service, and they are Kohanim, we make their children unfit forever. If you'll say let us invalidate them alone and not their children, we need to fulfill \"as they planned\", and this wouldn't be doing that, since they planned to invalidate the accused and his children.", "Rather they are lashed 40 times. As the verse states (Deuteronomy 25:1-2) \"They vindicated the righteous one and convicted the wicked one then it will be if the wicked one deserves to be beaten\", [Just] because they convicted the wicked one it will be that he deserves to be beaten? Rather, [it is referring to] witnesses that made wicked a righteous one and came another set of witnesses and they vindicated the original righteous one and changed these [first witnesses] into wicked ones, if that will be then beat the wicked one [with lashes].", "We don't say this one goes to exile. Since it is written regarding a murderer (Deuteronomy 19:5) \"He shall flee\", he [the murdeer] and not zommemin.", "That he divorced his wife. in front of us such and such a day, and this one [the accused] says \"I did not divorce her and I am not obligated to pay her ketubah.", "Is it not that either today or tomorrow. Meaning what do they [the zomemin] pay to him [the accused]? If you say the entire ketubah, perhaps he will die or perhaps he will divorce her today or tomorrow and in the end pay her anyways, and then it comes out that they weren't making him lose anything.", "We assess how much a person would be willing to pay for this one's ketubah. due to an uncertainty. Since if she is widowed or divorced the one who purchased the ketubah will take [the whole value], and if she dies her husband inherits her and [the purchaser] loses the money he gave [for the ketubah], and this is what the [zomemin] witnesses stipulate to the husband." ], [ "For the title that brings upon him lashes. The verse that makes one liable for lashes is not the one that makes one liable to pay. Lashes [are learnt] from \"Don't bear false witness\". Paying [is learnt] from \"And do to them as they planned\".", "All who pay don't get lashed. Since it is written \"According to his wickedness\", you make him liable [for lashes] because of his one act wickedness, and you don't make him liable for two acts of wickedness. And from the fact that the Rabbis say he [the zommemin] pays and doesn't get lashed and they didn't say he gets lashed and doesn't pay, we learn from this that all instances of liability for both lashes and paying, we don't say he'll get lashed and not pay, rather he pays and doesn't get lashed. This is the halacha." ], [ "Because you shall not bear false witness. Since behold when it is impossible to [punish] the witnesses with \"do to them as they planned\", for example [they say] \"We testify about a certain person [kohen] that he is the son of a divorced woman, the witnesses are lashed due to \"you shall not bear false witness\". Here [in this case], where there is warning against \"you shall not bear false witness\" and also \"as they planned\", they are lashed 80 [times]. The halacha is not like Rabbi Meir.", "They pay with money. The zommemin that are obligated in with [their attempt] to cause payment, pay the money according to the number of the witnesses. If it was three witnesses and they were made zommemin, each one pay a third of the [total] money that they wanted to cause him [the person they are testifying about] to lose. ", "Lashes are not divided. It's not that each of the witnesses are lashed a portion of the [total number of] lashes, rather each one is lashed 40 [times]. This is because we need \"do to them as they planned\", and each one sought to have the accused lashed a full amount. [However] money is combined [after being divided], when each of the witnesses gives their portion, behold he [the accused] receives what they sought to make him lose, however lashes are not combined." ], [ "Until they themselves are zommemized. That you zommemize them regarding their own [testimony] matters, and not the matters regarding the murderer and the murdered one, as it will go to explain. We derive this from the verse as it is written (Deuteronomy 19:18) \"And behold the witness is a false witness\", [this teaches us that they are not zommemized] until you falsify their status as witnesses." ], [ "Even if there were a hundred. pairs that testified one after the other with one testimony and one pair zommemizes all of them, all of them are killed.", "This is a conspiracy. This [word istetit] means that this group has strayed and are on the wrong path, as they schemed between themselves to zommemize all the witnesses that come to testify in this case. Another explanation of \"this is an istetit\", is these witnesses are shooters of istis, that it colors all that touch it.", "Only the first group is killed. Since Rabbi Yehudah holds that after the first group is zommemized, the testimony of a second group that comes is no longer accepted, and if [a second group does in fact] testify and is zommemized, they are not killed, since we don't apply [the verse] \"do to them\", since we would not kill based off their [the second group's] testimony. The halacha is not like Rabbi Yehudah." ], [ "Until the judgement is finished. [The judgement] of the accused. Since he will be killed by their testimony, and afterwards they are zommemized." ], [ "Where do we know that this is the case for even a hundred. That two can zommemize one hundred that testify together.", "Just as two aren't killed until you zommemize the both of them. As it is written (Deuteronomy 19:18) \"And behold, the witness is a false witness\", and the master said, any place it says \"witness\" behold here it refers to two, unless the verse specifies it's one.", "Until all three are zommemized. This [refers to the case] where they each testified within a few seconds of the previous speaker finishing. However, if two testified and at a later time others testified, behold they are [considered] two groups in all aspects.", "Rabbi Akiva says: The third witness in the group only makes the case stricter. So you don't say, since without the third [witness] the testimony would have stood, don't apply to him the rule of hazama, the verse teaches you that even he is judged.", "All the more so. Since [G-d's] attribute of good is greater than [his] attribute of punishment." ], [ "What case are we talking about? Capital cases. Since it is written (Numbers 35:25) \"And the congregration shall save him.\", and we return him to his vindicated status....", "Whether monetary cases. The testimony is also nullified.", "At a time that they warned him. We're dealing with capital cases. This is to say, when do we say [the testimony] is nullified? When the close relative or invalid [witness] joins in at the beginning, becoming one of the warners against the transgressor. However, if they didn't warn them and they didn't intend to become a witness in the event, the testimony of the others is not nullified just because they saw it. The halacha is like Rebbi." ], [ "And one warns in the middle. The warner joins with the group of witnesses, he sees them and they see him at the time of warning. Therefore, if the two groups that are in the two windows see him, they all join together and their testimony becomes one.", "He and them are killed. He is killed since there is one group that wasn't zommemized, and those that were zommemized are killed.", "That the Sanhedrin shouldn't hear through a interpreter. The judges need to understand the language, and not need to place an interpreter between them. And thus this is the halacha." ], [ "Sanhendrin. that have smicha in the land of Israel. They have permission to judge cases of fines and capital cases, whether in the land or outside, as long as the Grand Court is in the Chamber of Hewn Stone. As it is written (Deuteronomy 17:12) \"in not listening to the priest...or the judge\", as long as there is a priest offering sacrifices on the altar, there is a judge that rules capital cases. When there is no priest, there is no judge.", "The Sanhedrin that kills once in seven. Once in seven years.", "is called destructive. They need to be deliberate in judgment, and judge capital cases to vindication.", "No one would ever be killed. They would interrogate the witnesses about things that they would be unable to respond. Regarding a murder, [they'll be asked] \"What did you see, was he a treifah or healthy?\". And they'll say he was healthy, perhaps the place he was stabbed already had a [deathly] puncture. Regarding sexual immorality, [they'll be asked] \"Did you see the makeup applicator inserted into the tube?\".", "They're even increasing murder. Due to this we aren't destroying wicked people and are increasing the spilling of blood." ] ], [ [ "אלו הן הגולין. היה מעגל במעגילה – a smooth round stone that we roll on top of the plaster or clay that is at the tope to smooth out the fissures/cracks.", "היה משלשל בחבית – from above to below", "אבל אם היה מושך במעגילה – from below to above", "כל שבדרך ירידתו גולה – As it is written: (Numbers 35:23): “or inadvertently dropped upon him/ויפל עליו [any deadly object of stone, and death resulted – though he was not an enemy of his and did not seek his harm],” until it would be through falling, [and the word] \"כל\" includes even descending which is for the need of ascending.", "נשמט הברזל מקתו – from the sleeve that it is fastened to", "רבי אומר: אינו גולה – Rabbi (Rabbi Yehuda HaNasi) holds that if the iron (axe) chipped off the wood – that is, which was to be split (and the chip struck a person dead – see Tosefta Makkot, Chapter 2, Halakha 6), and not the wood handle which it is fastened to. But the Rabbis “from the wood” – from the wood handle to which it is fastened. And the Halakha is according to the Sages, for the wood that was to be split is an indirect action and via an indirect action, one is not exiled." ], [ "זרק את האבן לרשות הרבים – and even though it is close to acting with premeditation, for he should have thought that people would always be found in the public domain. Here we are dealing with a dunghill that was made in the public domain to be removed from there during the daytime and occasionally, it happens that he sits thee, and because of this, he is exiled, but it is not negligence nor is it totally unavoidably preventable (i.e., victim of an accident).", "והוציא הלה את ראשו וקבלה פטור – As it is written (Deuteronomy 19:5): “[…the ax-head flies off the handle] and strikes the other [so that he dies. That man shall flee to one of these cities and live].”", "אם יש רשות לניזק – if the owner gave him permission to enter", "מה חטיבת עצים רשות – if he wants to go up to chop [wood], and if he does not want to, he does not go up.", "יצא האב הרודה את בנו – for he is doing a Mitzvah" ], [ "האב גולה על ידי בנו – for he did not hit him to teach him Torah or ethics or a trade", "הכל גולין על ידי ישראל – and even a slave or a Cuthean", "חוץ מעל ידי גר תושב – for if he inadvertently killed the son of an Israelite, he is not exiled, but is killed.", "הסומא אינו גולה – As it is written (Numbers 35:23): “or inadvertently dropped upon him/\"בלא ראות\" [any object of stone, and death resulted – though he was not an enemy of his and did not seek his harm],” excluding someone blind.", "רבי מאיר אומר: גולה – [The words] \"בלא ראות\"/”or inadvertently dropped upon him (without seeing) , includes he blind person. But the Halakha is not according to Rabbi Meir.", "השונא – all who did not speak with him for three days because of enmity (see Mishnah Sanhedrin Chapter 3, Mishnah 5 – but Israelites were not suspected of this, according to that Mishnah). And the Halakha is not either according to Rabbi Yosi B’Rabbi Yehuda nor like Rabbi Shimon, but rather, the one who hates is not killed nor is he given the shelter of asylum because his legal status is close to acting with premeditation." ], [ "להיכן גולין לערי מקלט – and forty-two Levitical cities also all of which provide the shelter of asylum, but those six cities of refuge, whether the one who enters there is murderer with the knowledge that he will receive asylum or whether one enters without the knowledge that he will receive asylum, it provides asylum. And the forty-two cities, with the knowledge that it absorbs, for without the knowledge that it absorbs, they do not absorb, and if the blood avenger was to kill him there, he is exempt." ], [ "ומכוונות היו להם הדרכים – they would make the roads so that they would be in a line to the Cities of Refuge so that the murderer would not err on the way (see Talmud Makkot 9b – in which the cities in the Land of Israel and on the opposite side of the Jordan wer in straight parallel lines like two rows in a vineyard). And [the words] \"מקלט מקלט\" /”Asylum/Refuge”, “Asylum/Refuge” were written at the crossroads, in order that the murder would recognize it and turn to there.", "וידברו אליו – they speak to the blood avenger: “do not follow the practice of those who shed blood; this matter came to his hand inadvertently.”", "הוא מדבר על ידי עצמו – no Sages are required to speak to the blood avenger on his behalf, but he (i.e., the murderer) makes claims to himself. But the Halakha is not according to Rabbi Meir." ], [ "ואחד המרובה בגדים – since after the flask of anointing oil was hidden, he was not inaugurated to become the High Priest other than the wearing of eight garments.", "ואחד שעבר ממשיחתו – that a nocturnal emission befell the High Priest on Yom Kippur and they appointed another n his place. With the death of all of those, he returns, even though the other one is alive, since “High Priest” is written three times in the portion.", "רבי יהודה אומר: אף משוח מלחמה – Another Biblical verse is written (Numbers 35:32): “…enabling one to return to live on his land before the death of the priest.” But the Rabbis, since “High Priest” is not written in this verse, they don’t expound it. And the Halakha is according to the Sages.", "שלא יתפללו על בניהם שימותו – and they were negligent, for they should have requested for mercy on this generation that no religious offense should happen on them, and they did not request this.", "משנגמר דינו – for exile, for when the proceedings were finished (i.e., the sentence was pronounced), and he is about to be exiled, it is as if he was exiled." ], [ "נגמר דינו בלא כהן גדול – for there was no High Priest in the world", "לא לעדות מצוה – for example, for testimony of the [New] Month", "וכל אדם – except for the blood-avenger that killed him outside the City of Refuge is not liable for him, as it is written (Numbers 35:27): “[and the blood avenger comes upon him outside the limits of his city of refuge, and the blood-avenger kills the manslayer,] there is no bloodguilt on his account.” For the blood-avenger has the permission to kill him. And the Halakha is according to Rabbi Akiba. And these words [of our Mishnah] is if he left [having murdered] with premeditation; but if he left [having murdered] inadvertently, every person who kills him is killed on his account.", "הכל הולך אחר הנוף – The Gemara explains that even the location of the branches decides the nature of the territory (see Mishnah Ma’aserot, Chapter 3, Mishnah 10) is spoken of, for if the root was inside the borders of the City of Refuge and the branches stretch outside the boundary, since he enters under the branch, he is “absorbed,” [by the City of Refuge] since its roots are inside and we judge that the branches follow after the roots, but if the roots were outside and the branches were inside, for just as within its branches, he cannot kill him, in its root also, he cannot kill him, for we cast the root after the branch for a stringency." ], [ "מעלים היו שכר ללוים – In the forty-two cities [of the Levites] that also absorb, the murderer accounts a reward to the owner who dwells in it.", "ורבי מאיר אומר וכו' – But the Halakha is not according to Rabbi Meir, and specifically in the forty-two [Levitical] cities, but in the six Cities of Refuge, everyone admits that we do not account a reward to the owner.", "לא היה חוזר לשררה שהיה בה – as it is written (Leviticus 25:41): “…he shall go back to his family and return to his ancestral holding.” To his family he returns, but he does not return to what his family held. But the Halakha is not according to Rabbi Yehuda." ] ], [ [ "אלו הן הלוקין – not exactly these, for the Mishnah taught and left out many of those who were to be flogged, but since the Mishnah taught those who were liable for extirpation, to teach us that there is flogging with those liable for extirpation, and the Mishnah taught a widow and a divorcee, to teach us that a widow who is also a divorcee is liable upon her two titles. , And it is taught [in Mishnah 2 of this chapter] that eatables forbidden pending the separation of sacred gifts and First Tithe when priest’s due had not been taken, but it doesn’t explain their explicit prohibition clearly, and similarly, property dedicated to the Temple that had not been redeemed, for since the Mishnah taught about property dedicated to the Temple, it taught [about] the Second Tithe, for both of them [are punishable] by flogging because of lack of redemption, and similarly with most of them there is a side that is novel.", "נתינה – She is from the Gibeonites, and her flogging is from (Deuteronomy 7:3): “You shall not intermarry with them.”", "אלמנה – She became widowed from another man, and she is a divorcee, and one is liable upon her two [sets] of floggings.", "משום שני שמות – because of two explicit prohibitions, for both of them are explained in Scripture, and the explicit prohibitions for both of them are stated.", "גרושה – and she is a woman released from leviratical marriage, and he is not liable concerning her for two titles, for the woman released from leviratical marriage has no Jewish marriage contract, other than through extension of scope/amplification [of the Biblical passage] we bring it to her, as it is taught in a Baraita: “I don’t know anything about a divorcee other than the divorcee itself; a woman released from leviratical marriage, from where do I know it, as we learn, “and a woman” (Leviticus 18:18)." ], [ "המפטם את השמן – He who makes oil sample of the anointing out.", "והסך בשמן המשחה – that Moses our teacher of blessed memory, made.", "אכל טבל – Its explicit prohibition is from (Leviticus 22:15): “But [the priests] must not allow the Israelites to profane the sacred donations that they set aside for the LORD.” The verse speaks of what they will donate in the future.", "ומעשר ראשון שלא נטלה תרומתו – and even he is [punished] with death, as it is written (Numbers 18:27): “This shall be accounted to you as your gift. As with the new grain from the threshing floor [or the flow from the vat].”", "ומעשר שני שלא נפדה – Second Tithe that became defiled and even if he is in Jerusalem, it is prohibited to eat it until it is redeemed, but a person who eats it in Jerusalem while it is not yet redeemed, is flogged. And its explicit prohibition is from (Deuteronomy 26:14): “I have not cleared out any of it while impure,” whether I am defiled and it is ritually pure, whether I am ritually pure and it is ritually impure. And from where do we learn that Second Tithe which was defiled – that we redeem it in Jerusalem? As it states (Deuteronomy 14:24): “…should you be unable to transport them,” is explained as you are unable to eat it, as it is written (Genesis 43:34): “Portions were served them from the table…”", "והקדש שלא נדפה – There is no prohibition written directly, but its explicit prohibition comes from an analogy of [the words] \"חטא\"\\\"חטא\" /”sin,” “sin” – from the priest’s due, but even though the All-Merciful (i.e., God), excluded [the words] (Leviticus 22:9): “and they die for it,” but not through religious sacrilege, from death, [Scripture] excluded him, but not from an explicit prohibition.", "באוכל נמלה שהוא חייב – because (Leviticus 11:29): “…from among the things that swarm on the earth,” and even though it lacks according to the measure.", "אף חטה אחת כברייתה – But the Halakha is not according to Rabbi Shimon. And we don’t call it a creature – other than that which has in it a soul alone." ], [ "עד שלא קרא עליהם – “My father was a wandering Aramean, etc.” (Deuteronomy 26:5). But after he recited [the formula/declaration – Deuteronomy 26:5-10] he is not flogged if he eats of it, because it is the money of the Kohen. And these are the words of Rabbi Akiva. But the Sages state: First Fruits, laying them down is indispensable for them, the recitation [of the declaration/formula] is not indispensable. As one who consumes them (i.e., First Fruit) after laying them down in the Temple courtyard, even though he had not yet recited [the formula/declaration], is not flogged. And the Halakha is according to the Sages. And their explicit prohibition is from as it is written (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….] or of your contributions.” And the Master said: “your contributions” – these are the First Fruits, for the Priest’s Due/Terumah does not require being brought into the Place (i.e., the Temple). And regarding First Fruits also, one is not flogged on them other than if one ate them after they saw the “face” of Jerusalem before they are placed down in the Temple court, but if he ate them outside of Jerusalem prior to their being entered into Jerusalem, one is not flogged.", "קדשי קדשים חוץ לקלעים קדשים קלים חוץ לחומה – All of these, their explicit prohibition is from (Deuteronomy 12:17): “You may not partake in your settlements, ….or of any of the votive offerings that you vow…,” for all consumption outside of the fixed place for it is called “eating in your settlements.”", "ומעשר שני – it is taught [in the Mishnah] above (Mishnah 2), that impure Second Tithe that was not redeemed, as we have explained. And here, the Mishnah teaches that Second Tithe that is consumed outside the wall [of Jerusalem]. And specifically, that they ate outside the wall after it saw the “face” of Jerusalem is when he is flogged. But the individual who eats Second Tithe outside of Jerusalem before it enters into Jerusalem is not flogged, as it is written (Deuteronomy 12:18): “These you must consume before the LORD our God…” and afterwards (verse 17): “You may not partake in your settlements.”", "המותיר – is not flogged, as it is written (Exodus 12:10): “You shall not leave any of it until morning; if any of it is left until morning, you shall burn it.” The verse comes to bring a positive command after a negative command, to state that if you transgressed the negative commandment, you have fulfilled the positive commandment connected with it, and you are not flogged. And furthermore, “you shall not leave any of it” is a negative commandment which lacks a positive commandment [associated with it], and every negative commandment that lacks with it a positive commandment, one is not flogged [for its violation].", "השובר – a bone of an impure Passover offering is not flogged, as the All-Merciful (i.e., God) states (Exodus 12:46): “…nor shall you break a bone of it,” with a kosher/fit [sacrifice], not an invalid one." ], [ "לוקה ואינו משלם – for Rabbi Yehuda holds that (Deuteronomy 22:7) \"שלח תשלח\" /”Let [the mother] go” is implied from the outset, and even though, it is written,” let [the mother] go” after (verse 6) “do not take [the mother together with the young],” it is not to say that if you took it, you should let it go, but rather, do not take [the mother] but send her prior to the taking. And this is not a prohibitive law the transgression of which must be repaired by a succeeding [positive] act.", "וחכמים אומרים משלח ואינו לוקה – for they hold, “let [the mother] go” after taking, is implied, and it is a prohibitive law the transgression of which must be repaired by a succeeding act. And the Halakha is according to the Sages.", "כל מצוה לא תעשה ישי בה קום עשה – for the Torah stated, if you transgressed on the negative commandment, fulfill the positive commandment, such as (Deuteronomy 22:6): “Do not take the mother together with her young.” But if you took it, “let [the mother] go” (verse 7); [and another example] (Deuteronomy 24:10): “[When you make a loan of any sort to your countryman], you must not enter his house to seize his pledge.” But if you seized his pledge, “you must restore the pledge to him” (verse 13). All of these, if he fulfilled the positive commandment, he is not flogged. But if he did not fulfill the positive commandment, such as the case where he took the mother [animal] with her young and slaughtered it or it died, or he took the pledge from his house (i.e. the home of the person who had borrowed something) and it was burned and he cannot fulfill the positive commandment, behold, that person is flogged." ], [ "הקורח קרחה – because he is liable for each act of making a bald spot (Tractate Makkot 20a) and for each act of making an incision for a dead person and for every corner of his head that he mars, which is not the case when one eats forbidden fat repeatedly, and because of this, it is taught in our Mishnah, but the rest of the mere negative commandments which lack a novel [lesson], it did not teach.", "קרחה – of the dead, as it is written (Deuteronomy 14:1): “or shave the front of your heads because of the dead.” And even though that concerning the Kohanim, it is not written, “on the dead,” we have already learned through an analogy from [the repetition of the word]: \"קרחה\" \"קרחה\" (see Leviticus 21:5 –“They shall not shave smooth any part of their heads, or cut the side-growth of their beards, or make gashes in their flesh” together with Deuteronomy 14:1); just as Israelites are commanded because of the dead, so too are Kohanim, and the measure of the “shaving smooth” is the size of a bean.", "המקיף את ראשו – He who makes his temples as hairless as the spot back of his ears (Makkot 20b), and his forehead, and even on shaving with scissors where there is no destruction [of the head], he is liable regarding the corner of his head, and specifically on his beard (i.e., “or cut the side-growth of their beards” – Leviticus 21:5 and Leviticus 19:27: “You shall not round off the side-growth on your head”), it is written “destroy” only with a razor, but regarding the corner of the head, [the word] \"הקפה\"/”rounding” is written (Leviticus 21:5 – “they shall not shave smooth any part of their heads”), in every matter in which he “rounds” – he is liable.", "שריטה אחת על חמשה מתים או חמש שריטות על מת אחד – as it is written (Leviticus 19:28): “You shall not make gashes in your flesh for the dead” to be liable for each and every gash and for each and every dead person, and even though there wasn’t anything other than one warning, all five gashes at one time, one is liable [for each and every one].", "על הראש שתים – one on the right and one on the left", "ועל הזקן שתים מכאן ושתים מכאן – the place of the attachment of the jaw to the bone, one on the right of the chin and the other on its left, and the pointed ends of the chin (i.e., the lower jawbones and the chin proper) in the middle, that makes “three.” And the attachment of the temples from one side and the other makes “five.” The upper cheekbone which is attached to the temples and the lower cheekbone on the right, and the upper cheekbone and the lower cheekbone on the left – these are two from here and two from there, and finally the beard and the hair coming out from it like a spike/ear of corn; therefore, it is called \"שיבולת\"/like an ear of corn/a spike, that makes “five.”", "אינו חייב אלא אחת – for since it is one negative commandment, it is like someone who eats two olives of forbidden fat with [only] one warning.", "עד שיטלנו בתער – it refers to the corner of the beard, as it is written [in the Torah] concerning shaving and destroying (Leviticus 19:27 – “nor destroy the side-growth of your beard” and Leviticus 21:5 – “or cut the side-growths of their beards”).", "מלקט – an instrument that is made like tongs, to remove the hair.", "רהיטני – in the language of the Bible, it is an adze. It is an instrument that a carpenter uses to separate the face of the board." ], [ "כתבת קעקע – to scrape with a knife on his skin like letters (i.e., marking the outline of letters by abrasion), and afterwards, he fills in the abrasions with ink or powder used for painting the eye-lids/stibium.", "כתב – on his skin with ink or with ink or powder used for painting the eye-lids but he did not scrape with a knife [on his skin] , or he scraped with a knife but did not fill it with ink or powder used for painting the eye-lids, he is not liable.", "עד שיכתוב ויקעקע – he took the language of the Bible, as it is written (Leviticus 19:28): “or incise any marks;” writing at the beginning and incision at the end, but always, it is the incision first and the writing afterwards, and the Bible implies this, and the writing within the incision “incise [any marks] on yourselves.”", "שיכתוב שם השם – In the Gemara (Makkot 21a) that it is the name of idolatry is mentioned, and that is how the Biblical verse is interpreted: “on yourselves,” the name of idolatry, “for I am the LORD,” and others cannot form a partnership with me, but the Halakha is not according to Rabbi Shimon." ], [ "אינו חייב אלא אחת – on what he drank within as much time as is needed for an utterance (i.e., a greeting traditionally understood as the ability to say to his Rabbi, \"שלום עליך רבי ומורי\" /“peace to you, my teacher and Rabbi”) of a warning, and if there was before him a utensil that contained several quarter Logs of wine (i.e., a Log is equal to the volume of six eggs), and they said to him: “Don’t drink this utensil which has such-and-such measurements for you will be flogged such-and-such floggings, and he is liable for each and every measurement, even though they did not wan him other than once." ], [ "והוא פושט ולובש – but not stretching completely, but since he stuck out his head and returned it, he is liable. And in the Gemara (Talmud Makkot 21b), he did not actually stretch out, but delayed between each warning to take it off and to put on [clothing of mixed seeds] , and he is like someone who takes them off and ten once again puts them on, and he is liable for each and every warning." ], [ "תלם אחת – one row of a field (when one ploughs one furrow)", "וחייב עליו משום שמונה לאוין – and he had been warned on all of them.", "והן מקודשים – the ox which is dedicated for sacrifice, and a donkey which is of the offerings of Temple repair (see Mishnah Temurah, Chapter 1, Mishnah 6). And the ox has the negative commandment [associated with it] of (Deuteronomy 15:19): “you must not work your firstling ox,” and regarding the donkey, there is a warning of religious sacrilege and we derive it from the [repetition of the word]: חטא \"חטא\" – from Priest’s Due/Terumah, and the negative commandment (Deuteronomy 22:10): “You shall not plow with an ox and an ass together.” We have here three negative commandments.", "וכלאים בכרם – on account that he ploughs, he covers up the wheat and barley and pomace of kernels (or shell of grapes) in the dust, and transgresses because of [the Biblical verse] (Deuteronomy 22:9): “You shall not sow your vineyard with a second kind of seed,” and we have established that he who covers up mixed seeds is flogged, and even though he did not sow them, but ploughs dust on them, that is four negative commandments. But Maimonides thought that mixed seeds in a vineyard is two negative commandments: one because of mixed seeds, which are two kinds of seeds – wheat and barley, and one because of mixed seeds in a vineyard because of the shell of grapes, but the Holy Things of an ox and a donkey are not considered other than being one negative commandment.", "שביעית – (Leviticus 25:4): “A sabbath of the LORD: you shall not sow your field…”", "ויו\"ט – (Leviticus 23:36): “You shall not work at your occupations” (see also: Leviticus 23: 7,21,25 for similar usage of this phrase).", "כהן ונזיר – and he is in a cemetery, and he is transgressing (Leviticus 21:2): “None shall defile himself for any [dead] person among his kin” that is mentioned in [the chapter of the laws concerning] the Kohanim (Leviticus chapter 21)., and (Numbers 6:6): “He shall not go in where there is a dead person” which is stated in regard to the Nazirite (Numbers, chapter 6).", "אף הלובש כלאים – at the time when he is ploughing.", "אינו מן השם – the negative of commandment of wearing [garments made] of mixed seeds is not for the one who ploughs a furrow.", "אף כהן ונזיר – which is considered a negative commandment, is not for ploughing, but for walking to an impure place. However, the first Tanna considers them included in the negative commandments of the person who ploughs a furrow, because he cannot plow with oxen other than if he walks with them and leads them." ], [ "מנין שהוא סמוך לארבעים – that causes to say afterwards “forty,” which is thirty nine. If the Torah had written: “Forty in number,” I would think that forty is the number. Now that it is written (Deuteronomy 25:2-3): “by count” (verse 2) and “Up to forty” (verse 3), it is the number that causes one to say after it “forty,” that is, “thirty-nine.”", "והיכן הוא לוקה את היתירה – that is not worthy to be divisible by three, for thirty-nine is worthy of being divided by three, one third in his front, and two thirds – one on this shoulder and one on the other shoulder. And this of forty – how would he flog it?", "בין כתפיו – But the Halakha is not according to Rabbi Yehuda." ], [ "אין אומדין אותו וכו' – for all who are flogged in the Jewish court, it was necessary to estimate at the beginning so that he would not die as a result of the beatings, since it is written (Deuteronomy 25:3): “He may be given up to [forty lashes], but not more, lest being flogged further” for if he must lessen it, they lessen it.", "אלא במכות הראויות להשתלש – and we never add to the estimate.", "אמדוהו לקבל ארבעים – minus one, but he used the language of the Bible.", "אמדוהו אומד אחד – for two sets of floggings, such as they estimated for him to receive forty-two [floggings].", "ואם לאו – that they only estimated for him to received only for one set of floggings." ], [ "על העמוד – which is stuck in the ground upright and tall in order to lean upon it.", "וחזן – the sexton who is the agent of the Jewish court.", "נפרמו – the threads of the seam were torn.", "מאחוריו – of the person being flogged.", "ורצועה של עגל – as it states (Deuteronomy 25:3): “He may be given up to forty lashes” and near it (Deuteronomy 25:4): “You shall not muzzle an ox while it is threshing.”", "כפולה לשנים ושנים לארבעה – four straps sewed on one top of the other.", "ושתי רצועות – thin of a donkey", "עולות ויורדות בה – like the horse-cover of a saddle, and the reason is because it is written (Isaiah 1:2): “An ox knows its master, an ass its master’s crib; [Israel does not know, My people takes no thought].” God said (Makkot 23a) that a person who recognizes his master’s crib should settle with him who does not recognize his master’s crib.”" ], [ "ידה טפח – the handle that the strap is hanging from, is the length of a hand-breadth.", "ורחבה – of the strap of the calf is a hand-breadth.", "וראשה מגעת על פי כריסו – for that reason, there must be in the handle of the strap a hole, that the sexton who flogs can lengthen or shorten the strap as he wishes, for we do not flog a person other than with a strap whose head reaches the belly which is his navel.", "שליש מלפניו – as it is written (Deuteronomy 25:2): “and be given lashes in his presence, [by count] as his guilt warrants” – “in his presence (i.e., in his front) as his guilt warrants” – one, and from his back – two. מלפניו – on his heart. מאחריו – one-third on this shoulder and one-third on the other shoulder.", "מכה בידו אחת – but when he lifts the strap, he lifts it with his two hands.", "כבל כחו – as it is written (Deuteronomy 25:3): “to excess, [your brother be degraded before your eyes].”" ], [ "והקורא קורא – as it is written (Leviticus 19:20): “there shall be indemnity; [they shall not, however, be put to death…”through reading it shall be, for we read about him (Deuteronomy 28:58): “If you fail to observe faithfully [all the terms of this Teaching that are written in this book]…etc.” The greatest of the judges reads [the Biblical text of Deuteronomy 28:58-59) and the one next to him counts and the third states after each beating [what has occurred]. And it is a Mitzvah upon the reader to shorten and to complete the Biblical verses following the flogging, and if he didn’t shorten, he returns and reads it a second time and hurries to read and to complete when the flogger completes his floggings (Makkot 23a).", "ואם מת תחת ידו פטור – because he beats him with permission", "הוסיף לו – such as the case where he made an error in the counting.", "נתקלקל – as a result of the beatings, feces came out.", "פטור – as it is written (Deuteronomy 25:3): “your brother be degraded before your eyes,” for he became degraded when he became soiled.", "ואשה אף במים – since her shame is greater. And the Halakha is not according to Rabbi Yehuda." ], [ "נפטרו מידי כריתתן – if they did returned in repentance.", "העושה מצוה אחת על אחת כמה וכמה – there are those who interpret this – that it is speaking of all those who are liable for extirpation who were flogged, for whomever accepted upon himself the judgement and performed a Mitzvah when he was flogged, all the more so that his soul will be saved for him and that he will be exempt from extirpation, for he has one good measure [in his favor] over and above the measure for retribution. And there are those who interpret that this is for itself – to inform the giving of reward [for the performance] of the commandments, all the more so, from the punishment for transgressions.", "ממקומו הוא למד – from those liable for extirpation, that we speak about them we learn that he who sits and does not commit a sin, we credit him for a reward as one who performs a Mitzvah (see Mishnah Avot, Chapter 2, Mishnah 2), as it is written concerning the laws of incest (Leviticus 18:29): “such persons shall be cut off [from their people].” And it states (Leviticus 18:5): “[You shall keep My laws and My rules,] by the pursuit of which man shall live: [I am the LORD].” And near it (verse 6): “None of you shall come near anyone of his own flesh [to uncover nakedness: I am the LORD].” Behold that a person who sits and does not uncover the nakedness [of one of his forbidden relations], the Written Torah calls him that he has performed a Mitzvah, and it is written concerning him (verse 5), “of which a man shall live.” In the same manner that [the Torah] punishes with extirpation for someone who commits a transgression, and this specifically regarding one who has the opportunity to sin and he conquers his [negative] impulse and doesn’t do it, is like Joseph the Righteous and others like him." ], [ "לפיכך הרבה להם תורה ומצות – such as the portions of forbidden animals and reptiles (i.e., all kinds of forbidden foods – see Mishnah Sanhedrin Chapter 8, Mishnah 2 and Mishnah Niddah Chapter 3, Mishnah 2), in order to increase the reward when they abstain from them, for even though without that, they would not eat them since the soul of man detests them.", "למען צדקו – to make the Jewish people virtuous and to make them worthy [of Divine favor]." ] ] ], "versions": [ [ "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020", "http://sefaria.org/" ], [ "Sefaria Community Translation", "https://www.sefaria.org" ] ], "heTitle": "ברטנורא על משנה מכות", "categories": [ "Mishnah", "Rishonim on Mishnah", "Bartenura", "Seder Nezikin" ], "sectionNames": [ "Chapter", "Mishnah", "Comment" ] }