Kommentar zu Maaser Sheni 3:1
לֹא יֹאמַר אָדָם לַחֲבֵרוֹ, הַעַל אֶת הַפֵּרוֹת הָאֵלּוּ לִירוּשָׁלַיִם לְחַלֵּק, אֶלָּא אוֹמֵר לוֹ, הַעֲלֵם שֶׁנֹּאכְלֵם וְנִשְׁתֵּם בִּירוּשָׁלָיִם. אֲבָל נוֹתְנִים זֶה לָזֶה מַתְּנַת חִנָּם:
Ein Mensch darf seinem Freund nicht sagen: Trage diese Früchte nach Jerusalem, um einen Anteil zu bekommen. Aber er kann zu ihm sagen: Trage sie hoch, damit wir sie essen und in Jerusalem trinken können. Aber Menschen können sich gegenseitig als Geschenk geben.
Bartenura on Mishnah Maaser Sheni
לא יאמר. לחלק – that you should take a portion of them, because it is placed upon him to bring his [Second] Tithe to Jerusalem, and it is found that he pays his debt from Second Tithe.
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English Explanation of Mishnah Maaser Sheni
Introduction
We learned in the first mishnah of the tractate that it is forbidden to sell maaser sheni. Our mishnah teaches that it is also forbidden to make certain deals that make it look as if one is selling maaser sheni.
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Bartenura on Mishnah Maaser Sheni
העלם שנאכלם ונתה – for it appears that he is inviting him to eat with him, and this is permitted.
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English Explanation of Mishnah Maaser Sheni
One should not say to his friend: “Carry up this [second tithe] produce to Jerusalem that in order to divide it.” The problem with this type of arrangement is that it looks as if he is using maaser sheni produce to pay his friend to help him carry it to Jerusalem. Therefore, this type of statement is prohibited.
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Bartenura on Mishnah Maaser Sheni
אבל נותנים לזה לזה מתנת חנם – it is explained above at the beginning of the first chapter (Mishnah 1).
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English Explanation of Mishnah Maaser Sheni
Rather he should say to him, “Carry it up that so that we may eat and drink of it in Jerusalem.” If he doesn’t use the word “divide” then this is permitted. All he is doing here is asking his friend to help him carry the load to Jerusalem so that they can eat and drink it together there.
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English Explanation of Mishnah Maaser Sheni
But people may give it to one another as a free gift. If someone wants to have another person carry his maaser sheni for him to Jerusalem, he is allowed to give it to him as a gift. When they get to Jerusalem, the one who carried it can give some of the maaser sheni back to its original owner. Of course, he takes a risk in doing so maybe his friend won’t give it back to him! But if he doesn’t, then he wasn’t really much of a friend to begin with. This same halakhah was also taught in the first mishnah of the tractate, but there it was not taught in connection to this specific issue.
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