{
    "title": "Bartenura on Mishnah Maasrot",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Maasrot",
    "text": [
        [
            [
                "כלל אמרו במעשרות כל שהוא אוכל – to exclude woad/a plant producing a deep blue dye, which they call “NEEL” in Arabic and madder/a plant used in dying red which they call ALETZPUR in Arabic for these do not consume. Even though they are eaten in distress, but they are not liable for tithes.",
                "ונשמר – to exclude that which is ownerless, which have no owners to guard/watch it.",
                "וגידולו מן הארץ – to exclude morils/a kind of mushroom, and truffles and all of these we derive from Scripture, as it is written (Deuteronomy 14:22): “You shall set aside every year a tenth part of all of the yield of your sowing,” – “all the yield”– similar to produce that he eats, - “your sowing” – that which is unique to you, excluding that which is ownerless that have no specific/special owners; “your seed” – that which you sow it and it grows, excluding morils and truffles which are not sown.",
                "כל שתחלתו אוכל וסופו אוכל – such as vegetables that immediately when they grow are appropriate for food and we guard them until they grow and add food.",
                "חייב קטן וגדול – for they are appropriate for food, whether for adults or minors.",
                "וכל שאין תחלתו אוכל – such as kinds of fruits.",
                "אינו חייב עד שיעשה אוכל – as it is written (Leviticus 27:30): “whether from the ground or fruit from the tree” until it grows and makes fruit."
            ],
            [
                "מאימתי הפירות חייבין במעשרות – for at their beginning, they are not food and it is necessary to give a measurement for each fruit when its time arrives to be appropriate for eating.",
                "שיבחינו – the beginning of their ripening is called “BOHAL”/a certain stage in the growth of the fig (intermediate between פנה / and צמל/the last stage in the growth of a fig – when its head becomes white, and an example of this is the beginning of the days of female puberty – [between childhood and full womanhood] in a woman is called “BOHAL”, and it explains in the Gemara (Talmud Niddah 47a) when their heads whiten is the beginning of their ripening.",
                "האבשים (a species of inferior grapes) – a species from the kinds of bad grapes like (Isaiah 5:4): “Instead, it yielded wild grapes.”",
                "משהבאישו – that they ripened so much that the pomace of kernels/shells of grapes that are inside can be seen from the outside from within the husk and a cluster that has within it one berry that reached this measurement, it is entirely joined to tithing.",
                "והאוג (red berry of the Venus summachtree) – a tree whose fruits are red and they call them KORNEOLI in the foreign language.",
                "והתותים (mulberries) – In Arabic it is TUT, and in the foreign language it is MORAS.",
                "שימסו – when the eatable portion (core) can be mashed from under his hand and if even a single slice of pomegranate reached this measurement, it is liable for tithing.",
                "משיטילו שאור – if it were to open like leaven which has in it fissures.",
                "משיטילו גידים – when they begin to ripen, there appears in them a kind of red veins.",
                "משיעשו מגורה – when they separate the food from the outer husk/skin, and the food would be like it is placed in store room/bin which is a storehouse.",
                "מישיעשו קליפה – the lower husk nearest the food which is not made until the completion of the ripening of the fruit. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "משינקדו – from when they will have on them black dots, for at the completion of their ripening they begin to blacken.",
                "וכל השחורים – such as the berries of myrtle and the berries of thorn-bushes.",
                "האגסים – in Arabic AGGAS and in the foreign language PEARS.",
                "קרוסטמלין (Crustumenian pear – red on one side) – small apples that are similar to gall-nut that they call a species of oak from which the gall-nut are collected.",
                "פרישין (name of a fruit/quince) – is called KONDUNISH in the foreign tongue and in Arabic SPERGEL.",
                "עוזרדין (medlar/crabapple/sorb-apple) – in Arabic ZAROD and in the foreign tongue SURBASH.",
                "משיקריחו – these fruits in their small size are covered with thin hairs, like a sort of down/feathers, and when they begin to ripen , they gradually become bald/smooth and at the completion of their ripening , everything falls out.",
                "תלתן משיצמח (fenugree)-when it will be completed in its ripening until that if they would seed it, it would grow, and a sign to know when it reached to this measurement is when one places it into the water and every single berry that most of it sinks into the water, it is with the knowledge that if one sews it, it will grow, and we expound upon it as it is written (Deuteronomy 14:22): “You shall set aside every year a tenth part of all the yield of your sowing,” something that is sown and grows.",
                "משיכניסו שליש – when they have grown one-third from what they will eventually grow; alternatively, when one comes to store away and to press them out, one removes from them now one-third from what they will produce when they ripen well."
            ],
            [
                "ובירק הקשואים והאבטיחים - that is to say that these four species of vegetation which are cucumbers, melons, gourds and squash/cucumber-melon. But with the fruits of the tree, apples and citrons are obligated/liable [for tithing] whether large or small because they are food at their beginning and at the end, and they are consumed whether they are big or small.",
                "רבי שמעון פוטר את ה אתרוגי בקטנן- because he holds that they are not consumed when small, and they are not food at their beginning, but the Halakha is not according to Rabbi Shimon.",
                "שקדים המרים – are eaten when they are small, but are not eaten when they are large. But the opposite is the case with sweet almonds."
            ],
            [
                "איזהו גרנן למעשרות (what is their harvesting time for making them liable for tithes) – when are the fruits appointed for tithing and it is forbidden to eat of them as an incidental meal like the grain in the threshing floor for even though the produce arrived at the season of tithing, it is still permitted to eat from them an incidental meal until it would be their harvesting time.",
                "משיפקסו – as soon as their blossoms are removed and this is the hair that grows on them when they are small and when they ripen sufficiently, it falls out.",
                "משיעמיד ערימה – when he makes of them a heap/pile.",
                "משישלק (as soon as the gardener trims them) – trimming for a melon is like blossoms falling out for gourds.",
                "מוקצה (until the melon is stored away) – because we don’t make piles from the melons, but rather spread them out and the place where we spread out the fruit is called a storage.",
                "ירק הנאגד (vegetables put up in bunches when they are tied) – for it is the manner to sell it in bunches.",
                "ואם אינו ממלא את הכלי – such as the case when he wants to fill two or three utensils, he eats an incidental meal from each one until he fills up the concluding one.",
                "כלכלה (basket containing chosen fruits designated for use) – He who harvests/gathers vegetables into the basket containing chosen fruits, which is a basket.",
                "עד שיחפה – the vegetation with the long and thin foliage of a palm-branch spreading from the stem or with leaves that are used to cover it.",
                "בד\"א – that this is their harvesting time for making them liable for tithes.",
                "במוליך לשוק – to sell [in the marketplace] for it was not dependent upon his intention lest he find buyers and the produce will be subject to sacred gifts being set aside (and as such forbidden to be consumed until such time), that the sale will establish it for tithing.",
                "אבל במוליך לביתו אוכל עראי עד שמגיע לביתו – since the matter was dependent upon his intention and the produce would not be subject to sacred gifts being set aside until he arrives home for the eatables forbidden pending the separation of sacred gifts are not liable for tithing until he sees the house, as it is written (Deuteronomy 26:13): “I have cleared out the consecrated portion from the house; [and I have given it to the Levite, the stranger, the fatherless, and the widow, just as You commanded me.”"
            ],
            [
                "הפרד (dried pomegranates) – it was the practice to spread/separate the pomegranates and to dry them and those dried berries are called פרד/split and dried pomegranates on account that we separate them in order that the [(heat of the) sun] can enter into from every side.",
                "משיפקל (to strip them) – like to peel/husk them, that is to say when he removes from upon them the bad husks.",
                "משימרח – after we clean the grain from its chaff, we collect/heap them in one place in the threshing floor/granary and beautify the face of the pile and we divide it and it is called giving the pile of grain an even shape.",
                "משיכבור – for it was the practice to uproot the peas with the dust, one must sift them in a basket used as a sieve/a large round vessel.",
                "",
                "מן הצדדים – the sides of the pile that were not shaped into an even pile.",
                "וממה שמתוך התבן – that was not winnowed from the chaff."
            ],
            [
                "משיקפה (from when he skims) – when he will remove the shells of grapes (i.e., the exterior) and the pomace of grapes (i.e., the interior) that cause the wine to rise in the wine pit at the time of its foaming.",
                "מן הגת העליונה – for it still had not gone down into the pit.",
                "ומן הצינור (and from the duct/water-pipe) – that is made at the mouth of the vat used for wine-pressing, and the wine splashes from the duct to the pit, but the wine that is in the vat used for wine pressing or in the duct are not completed in its work.",
                "לעוקה (trough) – an indentation/hole that is before the building containing the tank and all implements for pressing olives, that the oil goes down into it.",
                "עקל (a bale of loose texture containing the olive pulp to be pressed) – a utensil made from ropes that collects the olives into it when they sweep the beam on them.",
                "ממל (crushing tool/press-beam) – the upper millstone that crushes the olives with it.",
                "מבין הפצים (oil from between the boards of the press) - - oil that comes out between the boards.",
                "המיטה- a thin cake that and when they remove it from the oven, they customarily smooth its face with oil and it comes to tell us that it is not considered as cooked, for the fire establishes it for [its liability for] tithing and it is prohibited to eat an incidental meal from all the grain and fruit and vegetables that had been cooked by fire, but this is not considered cooking",
                "וכן לתמחוי (a plate for various dishes) – it is a secondary utensil and it doesn’t cook.",
                "אבל לא יתן – oil for the boiling pot or the tightly covered stew-pot when they are foaming/growing hot, even though that he removed them from the flame and would eat an incidental meal, for all the while that when the hand is put into them it is immediately withdrawn (feeling the scald), it is considered like cooking and establishes it [as liable] for tithing.",
                "לכל הוא נותן – for all the boiling pots that are boiling or the tightly covered stew-pots that are bubbling, he places [his hand] after he has removed them from the fire, it does not establish it [as liable] for tithing.",
                "חוץ מדבר שיש בו חומץ וציר – for the sharpness of the vinegar and juice aids in cooking. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "העגול של דבילה – it was customary to smoothen its face with liquids and that is the completion of work [to make it liable] for tithing.",
                "בתאנים ובענבים של טבל - with liquids that come out from the figs and grapes of eatables forbidden pending the separation of sacred gifts. But the Halakha is not according to Rabbi Yehuda in the entire Mishnah.",
                "",
                "המחליק בענבים – he rubs the grapes on the cake of pressed figs.",
                "לא הוכשר – the cake [is not fit for Levitical uncleanness] to become susceptible to ritual uncleanness and that which comes forth from the grapes is not considered liquid, but the first Tanna/teacher and Rabbi Yehuda dispute regarding liquid that stands to become clear whether it is considered a liquid or not.",
                "משידוש – we dry the figs and afterwards thresh them with staffs into the arched, pouched vessel/jug or press it with hands into the store-house, and threshing the jug and making the molds for pressed cakes of figs in the store-room is the completion of labor [to make it liable for tithing].",
                "לא יאכל מהן עראי – for he holds that the upper layer does not need the lower layer, and the lower layer does not need the upper layer and their work had already been completed. But Rabbi Yosi holds that each still needs the other and their work was not completed. But the Halakha is not according to Rabbi Yosi."
            ]
        ],
        [
            [
                "היה עובר בשוק – an illiterate who is suspected of [not removing] tithes.",
                "אוכלין ופטורים – a devoted object/sacrifice which is offered on the Altar that did not see the presence of the Temple and were not appointed for Tithes, and even though a sale establishes it for tithes, this gift he gives to them and the gift does not establish it.",
                "מתקנים ודאי (that undoubtedly requires the separation of tithes – to make things legally fit for use) – for the giver did not tithe for he held that they would eat it in the marketplace and would not require tithing, but since they brought them into the house, they were appointed [for tithing], and specifically when he gave them a little bit that was appropriate to eat it in the marketplace. But, if he gave them a large portion or that the recipient was a person who did not have the practice of eating in the marketplace, or that the thing that he was given is not consumed like it is, in all of these, it is like he said [to them]: “bring them into your homes,” and it is forbidden to eat from them an incidental meal, for it is not explicitly stated, it was already established for tithing.",
                "אין מתקנים אלא דמאי – and he would give the heave-offering/Terumah and tithes to the Kohen, but First Tithe and the Poor [Tithe] he would take for himself."
            ],
            [
                "ואמר טלו לכם תאנים – the owner of the gate or the owner of the store said so (to take figs for themselves).",
                "ובעל השער ובעל החנות חייבין – for the house of a person makes obligatory the setting aside of tithes and not to others.",
                "ורבי יהודה פוטר – because a person is embarrassed to eat at the gate or in the store, but the courtyard establishes [liability] for tithing, for a person is not embarrassed to eat in it.",
                "עד שיחזיר פניו – in the place where he sits and sells, he is embarrassed to eat without turning his face, but in a place that he doesn’t sit and sell, he is not embarrassed [to eat] and we hold that a place where he is embarrassed, he is exempt [from tithing] and a place where he is not embarrassed, he is obligated [to tithe] but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "המעלה פירות מן מגליל – he harvested fruit/produce In the Galilee in order to sell them in Judea and they were not established for tithing, even if he lodged along the way until he would arrive in Judea for it was his intention to sell them there.",
                "וכן בחזרה – if prior to his arrival in Judea, he changed his mind to return them to the Galilee, he consumes from them an incidental meal on the road until he would arrive in the Galilee.",
                "עד שהוא מגיע למקום השביתה – to the place where he wants to rest there on the Sabbath, and immediately upon his arrival there, his produce/fruit became established for tithing, even though Shabbat had not yet arrived, but the Halakha Is not according to Rabbi Meir.",
                "והרוכלין המחזרין בעיירות – to sell spices and women’s anointing [perfumes] and he brings with him produce/fruit, they consume from them an incidental meal until they arrive at the place of lodging and when they arrive there, the produce has been established for tithing.",
                "ר' יהודה אומר בית ראשון – [the first house] that is in the city where he is lodging there, establishes for tithing, and even if he dodges in the other portion of the city, because a person wants to empty/remove his utensils at the first house that he approaches in order to lodge there, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "עד שלא נגמרה מלאכתן – their harvesting time for making them liable to tithes had not arrived, each and every fruit, according to what is explained above (chapter 1 of Tractate Maaserot, Mishnayot 2-7).",
                "ר' אליעזר אוסר לאכול מהן עראי – until he separates all of their tithes of Terumah/heave-offering, making obligatory the setting aside of tithes.",
                "וחכמים מתירים – as they hold that the heave-offering/Terumah does not make obligatory the setting aside of tithes unless he made the heave-offering from the basket containing chosen fruits designated for use.",
                "כלכלת תאנים שתרמה – if their harvesting time for making them liable to tithes had not arrived.",
                "ר' שמעון מתיר – even if he separated the heave offering from the basket containing chosen fruits designated for use.",
                "וחכמים אומרים – and the Halakha is according to the Sages, that the heave-offering establishes the obligation to tithe, for when he made the heave-offering/Terumah from the basket containing the chosen fruits designated for use. But after he separated the heave-offering, it is forbidden to eat an incidental meal from that basket containing the chosen fruits designated for use until he separates all of the tithes."
            ],
            [
                "עד שיעשר – for the sale makes it obligatory for the setting aside of tithes.",
                "ואם צירף – if the owner of the garden took two at once, and gave it to him, he is liable [to tithe], but at the time when the purchaser harvests and ate, Rabbi Meir admits that he eats one at a time.",
                "אמר רבי יהודה עשה בגנת ורדין וכו' – and there, the owner of the garden was harvesting, for they would not permit a person to enter there because of the roses but even though that the heave-offerings and tithes were not ever separated out, and the Halakha is according to Rabbi Yehuda."
            ],
            [
                "שאבור – that I will select and choose.",
                "בורר ואוכל – he detaches one by one and eats, but if he didn’t detach and combined two of them, he is liable [for tithing].",
                "מגרגר – he harvests each berry and eats them.",
                "פורט – while the pomegranate is attached [to the ground], he splits it into segments/singles them out and eats berry after berry.",
                "ובאבטיח סופת ואוכל – that is to say, he cuts small slices and eats [them]."
            ],
            [
                "לקצות בתאנים – to make a fig-harvest (by cutting and packing figs). There are those who interpret to spread them out to dry and there are those interpret to cut them with a tool to cut fig-cakes (i.e., a knife or a saw) for they regularly cut the figs.",
                "ואמר לו ע\"מ שאוכל תאנים – but there was no need for this condition for without that , he eats according to the law of the Torah, as it is written (Deuteronomy 23:25): “When you enter another man’s vineyard, you may eat as many grapes [as you want, until you are full, but you must not put any in your vessel].” But the Biblical verse speaks about the worker, therefore, it is not like a purchase and it doesn’t establish [for requiring] tithing.",
                "ע\"מ שאוכל אני ובני – the eating of my children is a purchase and establishes [requiring] tithing.",
                "ולאחר הקציעה – for his work was already complete, he does not eat according to the law of the Torah, but he comes to eat on the strength of the condition and it is like a purchase.",
                "האוכל מן התורה פטור – And in the chapter (Chapter 7 of Tractate Bava Metzia, Mishnah 2), “He who hires workers” [87a-b], it explains: Which are those who eat from the law of the Torah? He who works on that which is attached to the ground at the time when the work is completed and [that which is] detached [from the ground] until the work has not yet been completed."
            ],
            [
                "בלבסים – a kind from the species of bad figs (Lesbians/early figs).",
                "בבנות שבע – a kind of white and good fig.",
                "לא איכל בבנות שבע – as it is written (Deuteronomy 23:25): “When you enter another man’s vineyard and you eat as many grapes,” what does the inference teach us, “you eat grapes,” for don’t we know that there isn’t anything in a vineyard other than grapes? From here, if he was working with figs, he should not eat grapes.",
                "אבל מונע את עצמו – a worker is permitted to prevent himself that he should not eat a the time that he is working with the bad ones until he reaches to good ones, and he eats from the good ones that which he could have eaten from the bad ones.",
                "זה לאכול וזה לאכול – you should eat from my figs and I will eat from yours.",
                "",
                "זה לאכול וזה לקצות – you eat from my fig-harvest that are spread out to dry or the cut pieces with the tool for cutting fig-cakes (i.e., the knife or saw) and I eat from your fig-harvest; in each of these there is a purchase and it establishes [the obligation] for tithing.",
                "המחליף לאכול חייב, לקצות פטור – for a purchase does not establish the thing where the work had not been completed. Therefore, these fig-harvests where their work was not completed, the purchase does not establish them [as liable for tithing] and the Halakha is according to Rabbi Yehuda."
            ]
        ],
        [
            [
                "המעביר תאנים – on the path of his courtyard, to bring them to a place where they do the fig-harvest.",
                "אוכלין ופטורין – since the courtyard does not establish [as liable for] tithing, for its work had not been completed. But he is forbidden to eat other than in the place where they do the fig-harvest/fig-packing, because in his place, it is recognized that the work had not been completed and when he is not in his place, it is not recognized. But his children are permitted [to eat] even in the place where they don’t do the fig-harvest, for it is not dependent upon them to change their mind, and since the knowledge of their father is to make of them a fig-harvest/fig-packing, they are permitted [to eat], but he who is in his hand to change his mind is not permitted [to eat] other than in the place where they make the fig-harvest/fig-packing.",
                "אבל אם יש להם עליו מזונות – that he cut for them, and they don’t eat from the laws of the Torah, since that it is not the completion of the work, for he did not hire them other than to transfer them to the place where they perform the fig-harvest/fig-packing.",
                "הרי אלו לא יאכלו – for it is a transaction, and concerning the purchaser, it is considered like the work had been completed, for the eyes of the purchaser are upon his purchase."
            ],
            [
                "המוציא פועליו לשדה – to another labor and not to harvest, fruit that now they don’t eat from the laws of the Torah.",
                "אוכלין ופטורין – if he gave to them, for a gift is not like a sale.",
                "ואם יש להן עליו מזונות – that he cut for them.",
                "אוכלין אחת וכו' – for it is not fixed.",
                "ולא מן המוקצה – a pile of figs."
            ],
            [
                "לעשות בזיתים – to hoe and to cover up the roots of olive trees under the olives, but not to harvest, for now, he does not eat from the laws of the Torah.",
                "ואם צירף – two together, he liable, for this is something fixed/established.",
                "לנכש בבצלים – to uproot the bad grasses that grow within the onions.",
                "מקרסם – to cut, and it is similar to (Psalms 80:14): “wild boards gnaw at it [and creatures of the field feed on it?]”"
            ],
            [
                "ואפילו בצד שדה קציעות -for the matter is proved that from this field they fell, and even so, they are permitted because of theft, for in general, the owners despaired from [finding] them.",
                "ופטורות מן המעשר – like the law of renunciation of ownership.",
                "ובזיתים ובחרובים חייבים – because the owners do not despair of [recovering] them, for their appearance proves to them that they fell from this tree. But figs with their falling are repulsive and it is not known from which tree it is.",
                "אם דרסו רוב דם – if most people of that city already tread their dried figs in their fields, they can say that this is from their treading, and their work was already completed, and it is obligated to tithe.",
                "פלחי דבילה – after they were trodden in a round cake, they divide the cake into several segments/slices, and there is in a slice many cakes of figs stuck to each other.",
                "עד שלא כנסן לראש הגג – to make of them a pile, and that is their harvesting time to make them liable to tithes, as is taught in the Mishnayot (2-7) in the first chapter.",
                "מוריד מהן לבהמה – but he cannot eat them, for we don’t consume on the stored objects other than in their place, meaning to say, the fruit, when we spread them out to dry, that their work was not completed, we don’t eat from them other than in their place, for when they are not in their place, it is not recognized that their work was not completed, but, however, when you feed from them to the cattle, even not in their place, because the carobs are not food for cattle, it is well knwn that their work was not completed and they have not dried out completely.",
                "מפני שהוא מחזיר את המותר – to the place that he stretched them out to dry, and wherever its surplus returns, it is not made obligatory for the setting aside of tithes."
            ],
            [
                "היזו היא חצר שחייבת במעשר – that establishes [liability] for tithing like a house.",
                "חצר צורית – for in Tzur, they would place a guard at the entrance of the courtyard.",
                "כל שאחד פותח ואחד נועל – such as, for example in the courtyard, two houses for two people. When one of them opens the entrance to the courtyard, the second comes and locks it. And when one locks, it, the second protests with his hand and opens it. It is found that the courtyard is not guarded.",
                "ואין אומרים לו מה אתה מבקש פטורה – and even though he is not embarrassed to eat within it.",
                "והחיצונה פטורה – since there is in the internal section entering one’s ground, it is not guarded, and we hold that the Halakha is according to all of them for stringency."
            ],
            [
                "אע\"פ שהן של חצר חייבת – and the brings up the fruit/produce to the roof through the courtyard, even though it doesn’t make it obligatory for the setting aside of tithes, since for at the time that he brought them into the courtyard, it was his intention to raise them and to eat the on the roof. And these words apply when there is a on the roof four cubits by four cubits, but if there isn’t four cubits by four cubits on the roof, it is nullified regarding the courtyard.",
                "בית שער – near the entrance to the courtyard.",
                "אכסדרה – surrounded by three partitions and from a beam above.",
                "מרפסת – a place in front of the upper chambers, and they go out from the upper chambers to the balcony and from the balcony they descend by ladder to the courtyard."
            ],
            [
                "הצריפים – they lack a roof, but the beams above approach each other and become wider and enlarged downward.",
                "הבורגנים (turrets) – like kinds of dove-cotes, made in the fields to store in them the fruit/produce.",
                "והאלקטיות (sheds) – booths that they make during the hot days for shade; It is the Aramaic Targum for summer (sun-dried [fruits]).",
                "סכת גינוסר- the Sea of Galilee we translate [into Aramaic] as Ginosar, and it is a place in the Land of Israel that its fruits are plentiful and good, and its drwellers make booths and dwell in them during the season of the fruits.",
                "אע\"פ שיש שם רחים ותרנגולים – it is not fixed/established [for liability for tithing].",
                "סוכת היוצרים – it is customary to make two booths, one inside the other; in the inner one they hide their pots/dishes, and dwell there, and in the outer one, they do their work and sell their dishes.",
                "כל שאינה דירת החמה ודירת הגשמים – and the inner booth, the creator does not dwell there during the rainy season, therefore it is exempt [from being liable for tithing]. But the Halakha is not according to Rabbi Yosi.",
                "רבי יהודה מחייב – Rabbi Yehuda according to his reasoning who holds that we require that the Sukkah is a permanent dwelling and is liable for a Mezuzah. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "תאנה שהיא עומדת בחצר – a fig tree that stands in the courtyard, and the courtyard establishes [liability] for tithing.",
                "ואם צירף – two [together], he is liable [to tithe].",
                "ר\"ש אומר אחת בימינו – even three in a case like this, is not a combination, and is permitted, but the Halakha is not according to Rabbi Shimon.",
                "עלה לראשה – to the top of the fig [tree].",
                "ממלא חיקו ואוכל – there, and as long as he doesn’t bring it down to the courtyard."
            ],
            [
                "נוטל את האשכול – he eats in his normal manner and he doesn’t need to pick single berries, and similarly with pomegranates, he does not need to eat single grapes, and similarly, with a melon, he does not need to eat a slice, that is to cut thin slices.",
                "ר\"ע אומר – and the Halakha is according to Rabbi Akiva.",
                "כוסבר – this is its name in Arabic and it is coriander seed.",
                "מקרסם – cut/sever.",
                "סיאה – in Arabic PUDNAG, and in the foreign language POLIO.",
                "",
                "הקורנית – in Arabic CHASHA, and in the foreign language SHADRIAH.",
                "אם היו נשמרים חייבים – for there is no liability for tithing other than eating and something guarded."
            ],
            [
                "אוכל כדרכו – from the branches/bough that stands in the garden.",
                "אוכל אחת אחת – from the branch that extends to the courtyard",
                "ואם צירף – two [figs together], he is liable [for tithing].",
                "הכל הולך אחר העיקר – for we cast the bough after its root, which is the place of the absorbing of the tree.",
                "ובבתי ערי חומה הכל הולך אחר העיקר – even the bough/branch that extends outside the wall, if he did not redeem it within the year, it becomes permanently irredeemable/sold, as if it was within the wall, since the root of the tree is within the wall.",
                "ובערי מקלט הכל הולך אחר הנוף – even after the bough/branch, it is stated, for if its root is inside within the wall of the city of refuge and its bough extends outside the border, for just as at its root, the blood avenger is not able to kill the murderer through its bough, he also is not able to kill him for we cast the bough after its root, but if its root is outside and its bough is inside, just as that with its bough he is not able to kill him, with its root, he also is not able to kill him, for we cast its root after its bough for stringency. And similarly in Jerusalem, he follow after the bough regarding the Second Tithe, that is also for stringency, for its root is outside and its bough is inside, just as with its bough, he is not able to redeem, for pure tithes are redeemed within Jerusalem by its roots, he also would not abe able to redeem it, but if its root is inside and its bough is outside, just as that in the place of its bough, he is not able to eat it without redeeming it, for it is outside of Jerusalem, so here too, in a place where its root, even though it is inside, he is not able to eat it without redemption."
            ]
        ],
        [
            [
                "הכובש (press/pickle) – vegetables or olives with vinegar or with wine, and similarly who boils or salts, even in the field he is obligated [to tithe]. For the flame and the salt and the business transaction and the heave-offering and the Sabbath and the courtyard guard it, each one of these establishes [the liability] for tithing.",
                "המכמן באדמה (hide fruits in the ground) – he who stores away produce under the ground in the manner that they customarily hide fruit that are not ripened all their need in order that they can [fully] ripen.",
                "והמטבל (and one who seasons) – produce with salt or with brine or with vinegar and consumes it is exempt [from giving tithes], and it does not establish it [as liable] for tithing like one who pickles or salts, but rather, he eats from them an incidental meal/snack and is exempt from tithing.",
                "הפוצע זיתים – crushes and pounds hem in order that their vegetable sap/resin should depart, which is their bitterness.",
                "הסוחט זיתים על בשרו – to rub his body.",
                "לתוך ידו חייב – for what he put into his hand is considered as if he put it into a small pit, which is that pit that the wine and the oil descend into.",
                "המקפה לתבשיל (he skims [a ladle of wine for use] in a stew) – he draws refuse that the wine brings up at the time of its boiling is called pulp, and if after he placed the wine in the cooked dish , he removed from it the exterior husks and the interior pomace that float above, this is the incidental froth and does not establish [liability for] tithing like the rest of the froth of wine in general, and we are speaking regarding a cold cooked dish, for itf it was a boiling cooked dish, we would say that the flame established [the liability for tithing, and without the froth, it would be established [liable for] tithing , on account of he flame.",
                "לקדרה – an empty [pot], before that he put into it the cooked dish, he placed in it the wine and skimmed it, it wold be like he is skimming in a small pit and he is liable [for tithing]."
            ],
            [
                "תינוקות שטמנו תאנים – in the field, for if it were in the house, not on Shabbat, the house would establish it [for liability] for tithing. And it (i.e., the Mishnah) took [the word] “children/תינוקות “ to inform us that they have a recognized thought-pattern through their actions.",
                "לא יאכלו למוצ\"ש – for since the Sabbath established them for [liability for] tithing, it is forbidden forever until they tithe.",
                "כלכלת שבת – a basket filled with chosen fruits designated for use on Shabbat.",
                "וב\"ה מחייבין – [to be liable for] tithing immediately, even prior to the sabbath, for since they were designated for the Sabbath, they were established [as liable for tithing] immediately.",
                "לשלוח לחבירו – it was made iiable for setting aside of tithes immediately, and he may not eat an incidental meal until he tithes, and even if they had not been sent, because since he designated it to be sent, he is stringent upon it like with a basket designated for the Sabbath, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "המעטן (vat or pit where olives are packed until they form a viscid mass) – place where pile upolives in order that they are softened and appropriate to extract their oil.",
                "טובל אחד אחד במלח – for it does not establish [as liable for tithing] other than with salt and in a combination of two, therefore, if he salted it and placed it before him, he is liable [for tithing].",
                "מן המעטן הטהור חייב – as, for example, that a person who takes them is ritually impure, for it is impossible for him to return the surplus, for all those that he has taken have become ritually defiled in his hand.",
                "מן הטמא פטור – for since the vat/pit where the olives are packed is all ritually impure [and the person] who takes them is ritually impure, he is return the surplus."
            ],
            [
                "שותין על הגת – and as for example, when he brought his head and most of his body inside, for one cannot make a decree lest he bring the utensil to him and he drinks outside of the winepress.",
                "",
                "ר\"א ב\"ר צדוק מחייב – for he decreed lest he he take out from wine outside of the winepress.",
                "על החמין חייב – which establishes it [as liable for tithing], because e is not able to return the surplus for he has ruined the wine that is in the winepress, but if he poured with cold [wine], he exempt for he can return the surplus, and the Halakha is according to the Sages."
            ],
            [
                "המקלף – he removes their husks.",
                "מקלף אחת אחת – one piece of barley and especially when he is not near the threshing floor/granary, but if he was near the threshing floor/granary, even if he peeled more, he is exempt [from liability for tithing] because he can return the surplus.",
                "",
                "מנפה [winnows] – to produce the chaff.",
                "מיד ליד – he empties them from one hand to the other hand [and eats them without tithing].",
                "ירקה פטור - for the seed is the essence and the herb (foliage/leaves) is not considered [important for tithing] unless he intended to use the herbs (foliage/leaves) [if they are to be eaten].",
                "מתעשרת זרע וירק – he is liable to tithe whether he ate the seed or whether he ate the leaves, the foliage as they exist.",
                "השבת (dill)– such is its name in Arabic and in the foreign tongue ANITO.",
                "וזירים (pods) – vine-shoots, and even if he merely sowed, he tithes the seed, the herb {foliage/leaves) and the pods, because dills make long vine-shoots , but the coriander, one does no tithe the pods unless he sowed first for the pods.",
                "",
                "השחלים (cress) – in Arabic HAB AT SHAR, and in the foreign tongue, KRISHON.",
                "הגרגיר – this is its name in Arabic, and in the foreign tongue, IROGA, and the Halakha is according to the Sages."
            ],
            [
                "התמרות של תלתן – there are those who explain it as sprouts of fenugreek, similar to what vines have and they are eaten. And there are those wo interpret that when the calyx/capsule of plants begins to grow, it appears in the place of its growth like a sort of thick berry, and it is called a fruit-like excrescence on leaves, berry as we state [Tractate Sukkah 33a] concerning the myrtle whose head is lopped off and an excrescence ascended upon it, and on fenugreek and mustard seed and white bean, they are considered food.",
                "הצלף (caper-bush/tree) – KAPRI – in the foreign language.",
                "תמרות – the sprouts that are on it, and there are those who interpret, the flower.",
                "האביונות (caper-tree/caper berry) – which is the essence of the fruit, and the flowers of the caper-bush which protect the fruit.",
                "ר\"ע וכו' – and the Halakha is according to Rabbi Akiva."
            ]
        ],
        [
            [
                "העוקר שתלים –[he who uproots/takes out] shoots/young plants after they have sprouted and grown a bit, they uproot them and plant them in another place and they thicken and extend and grow there.",
                "פטור – even though they have seen the presence of the house, because they their work has not yet been completed.",
                "לקח במחובר לקרקע – he who purchases produce/fruit which are attached is exempt [from tithing] for the purchase does not establish [liability for separating] tithes but rather when one purchases that which is detached [from the ground], and not when it is attached.",
                "לקט – plants to send to his colleague, he is exempt [from tithing].",
                "אם יש כיוצא בהם נמכרים בדוק – they are considered as if their work had been completed, but the Halakha is not according to Rabbi Eleazar ben Azariah."
            ],
            [
                "ונוטע בתוך שלו לזרע – [turnips and radishes] that the seed [will ripen] in them in the place of their planting.",
                "מפני שהוא גרנן – their uprooting is their harvesting time, for they have no other harvesting time to make them liable for tithing, for their sowing is exempt from tithing, as it is written (Leviticus 27:30- listed incorrectly in the text of the Mishnah): “[All tithes from the land,] whether seed from the ground [or fruit from the tree, are the LORD’s,” but not every seed, except for garden seeds (i.e., seeds of vegetables) which are not eaten (see Mishnah Kilayim, Chapter 2, Mishnah 2), and it is found that their work had been completed and it is prohibited to plant them until one sets aside tithes.",
                "טהרו מלטמא – as they are like they are sown, and the Torah increased the purity of seeds, as it is written (Leviticus 11:37): “[If such a carcass falls upon] seed grain that is to be sown, it is clean.” But, for all the rest of the things are like they are detached, and their presumption is for tithing and Seventh year produce, and even to purify them from ritual uncleanness , and especially when they had taken root in the attic that underneath them is the dust of the concrete pavement of stone chippings, but if they had taken root in the basket/pile is considered as detached even regarding ritual defilement.",
                "והן מגולין – their leaves, in the manner of their growh, they are as planted in the field, and a person who uproots from them on Shabbat is liable for Seventh Year produce and tithes."
            ],
            [
                "לא ימכור אדם פירותיו וכו' – for he transgresses (Leviticus 19:14): “[You shall not insult the deaf,] or place a stumbling block before the blind.”",
                "ואם בכרו – if there are ripening early which arrived at the season of [liability] for tithing and the rest did not arrive [yet at that season], he taks them, and sells the rest."
            ],
            [
                "תבנו – ears of corn that were threshed and sometimes, there remains in them wheat.",
                "גפתו – refuse of olives.",
                "זגין – refuse of grapes.",
                "להוציא מהן משקין – it is referring to its [olive] peat and interior kernels.",
                "על הקטועין – improperly threshed ears of corn.",
                "על הצדדין – sides of the pile, and similar one who separates heave offing in the pit, in his heart on what is in the exterior and what is the interior parts of the grape, and one who separates the heave offering in the olive press,, in his heart, on what is within the peat."
            ],
            [
                "הלוקח שדה ירק – from the heathen.",
                "בסוריא – they are the lands that [King] David conquered, such as Damascus, Aram Naharayim and Aram Zovah. But in some of the things, he made them like the Land of Israel, and in some of them, not.",
                "אם עד שלא בא לעונת המעשרות חייב – since for at the time that they come towards the liability [for tithing], they are in the possession of an Israelite. But if if the time of the liability [for tithing arrived when it was in the possession of an idolater, he is exempt [from tithing].And regarding this thing, they made Syria like the conquest of an individual, which is not called a conquest.",
                "ולוקט כדרכו – and he is exempt from tithing even what was added in his possession. But he should not hire workers, for we are concerned that perhaps they will come to work this, even in a field that he purchased even before the time arrived for tithing. But Rabbi Yehuda did not make [this] decree.",
                "פטור – even though he doesn’t have in the body of the land anything.",
                "רבי יהודה אומר אף לפי חשבון – He is referring to the matter of the first Tanna/teacher. But this is what he said: that just as he is liable [for tithing] if he purchased prior to the arrival of the time for tithing, to tithe on everything, that is so, that he is liable [for tithing] if the season for tithing has arrived, to tithe according to the percentage that was added to his possession, such as for example, if they brought one-third in the hand of the heathen, he is liable to tithe on the two-thirds that were added to his possession. But the Halakha is according to Rabban Shimon ben Gamaliel."
            ],
            [
                "המתמד – if he places water on the exterior shells and on the interior pomace or on the lees/sediment, it is called מתמד/making pomace wine putting water on by measure, and finds – after pressing - the same quantity. But here we are speaking with place waters specifically on the lees/sediment.",
                "ומצא כדי מדתו – not exactly the same measure, for even if he placed three jugs of water and found three-and-one-half [jugs], he is exempt [from tithing]. For the taste of the lees/sediment of eatables forbidden prior to the setting aside of priestly gifts is not considered a complete taste but rather merely an acrid taste.",
                "",
                "רבי יהודה מחייב – for he holds that it is impossible that all of the water would depart outside, but rather, half-a-jug of water would remain within the lees/sediment, and it would be found that these three-and-one-half jugs that left, they have within them one jug of wine and two-and-one-half of water, and they would be like mixed wine, for it is the manner of mixing wine. But the Halakha is not according to Rabbi Yehuda.",
                "מצא יותר מכדי מדתו – and this is removing three and finding four.",
                "מוציא עליו ממקום אחר – even from another place, meaning to say, that there is no question from this and requiring it – that is permitted, but rather, even from another place, one is able to tithe according to the percentage of the surplus of the measure."
            ],
            [
                "שלנו – an overnight.",
                "הערימה החייבת – the pile which became obligated for tithing, as it is taught in the first chapter (Tractate Maaserot, Mishnah 6), and if he doesn’t give the pile an even shape, when he makes the pile."
            ],
            [
                "שום בעל בכי – pungent garlic that he who consumes it cries and his eyes flow with tears. But it appears to me that it is garlic that grows in Mount Lebanon, for they call Lebanon in Arabic by that language.",
                "רכפא – name of a place.",
                "גריסין הקילקין – pounded beams that come from Sicily, the name of a place, and they are square, as it is taught in [Tractate] Negaim (Chapter 4, Mishnayot 8-10): “like the square Sicilian pounded bean.",
                "ועדשים המצריות – it has one sharp head, and these species are desert-like and their presumption is that they are ownerless because they are not sewn in a garden. Therefore, they are exempt from tithing.",
                "אף הקורקס – in Arabic KALKAS, and it is a kind of the species of carob.",
                "הקוטנם – from the species of lentils, and the Halakha is according to the anonymous Mishnah.",
                "ונלקחים מכל אדם – even from those who are suspected of selling Seventh-year produce.",
                "זרע הלוף העליון – I heard the [edible] leaves of the wild colocasia/LOF/arum – trained for the leaves (similar to colocasia, with edible leaves and root, and bearing beans) but the seed of the LOF that is regular is liable [for tithing]. And Maimonides explains that this Mishnah is transposed/not in order regarding the higher pods of arum, and arum/LOF is from the species of onions.",
                "שאע\"פ שאביהן תרומה – even though that one of each of these which are garden seeds which are not eat, which are heave-offering/Terumah, and their seeds, the large ones are eaten, and we don’t state that hose which grow as Terumah/heave offering are Terumah, but rather, that the seed sewn is from things that are appropriate for eating.",
                "שאביהן – the seed, which is the “father” to that which grew from it."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ]
    ],
    "heTitle": "ברטנורא על משנה מעשרות",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Zeraim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}