One must not sit in its (an asheirah's) shade; but if he did, he is tahor (clean). [This "shade" does not refer to the boughs of the asheirah. For (if it did) we could not continue "but if he did he is tahor." For we learn further: "and if he did pass under it, he is tamei (unclean). But (the understanding is that) from the tree onwards, when the sun is in the east or in the west, everything casts a long shadow (in which he must not sit.)] And he should not pass under it [under the boughs of the tree. For the tree "tents" over him, and if he passes under it he is tamei.] If it "robbed" the public [i.e., if its boughs extended into the public domain], he is tahor. [For this is rabbinical tumah, and where it robs the public, the rabbis did not decree.] And greens may be sowed beneath it in the rainy season, [when the tree is harmful to them, keeping the sun from them], but not in the sunny season, [when the shade is beneficial to them]. And lettuce, neither in the sunny season nor in the rainy season, [the shade being always beneficial to them.] R. Yossi says: Neither [should] greens [be sowed] in the rainy season; for the leaves fall upon them (the greens) and are fertilizer for them. [The Gemara asks: But do we not infer that R. Yossi holds that if two things (one permitted and the other forbidden) contribute (to the result), it is permitted? (as we see earlier in this chapter, Mishnah 3, in respect to crumbling them and casting them to the wind, even though it becomes fertilizer). So that if the soil, which is permitted, and fertilizer of idolatry, which is forbidden, contribute to the growing of the greens, R. Yossi holds that it (the result) is permitted. How, then, can he forbid the greens here because the leaves fall on them! And the Gemara answers that R. Yossi is addressing himself to the opinion of the Rabbis, viz.: According to you, who hold that (the result of) "this and this contributing" is forbidden, you should have forbidden the greens because the leaves fall on them and become fertilizer for them! And the Rabbis hold this case to be different; for the idolatrous tree does not avail the greens at all. For what it adds to them by way of fertilizer it detracts from them by way of shade! And the halachah is in accordance with R. Yossi and (the result of) "this and this contribute" is permitted.]
Bartenura on Mishnah Avodah Zarah
לא ישב בצלה – this shade is not under the bough of the Asherah tree as stated, for one is not able to teach further, and if he sat, he is ritually pure, for that which is taught at the final section, that if passed [underneath it], he is ritually impure. But rather from the tree and further, for when the sun is in the east or in the west, there is a long shade for all things.
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English Explanation of Mishnah Avodah Zarah
Introduction
This mishnah talks about using the space underneath the asherah tree. The question asked is: is using this space considered deriving benefit from idolatry and therefore forbidden? Furthermore the mishnah discusses the purity of one who passes underneath the asherah tree.
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Bartenura on Mishnah Avodah Zarah
לא יעבור תחתיו – underneath the bough from the tree, for the tree forms a cover/tent [of Levitical uncleanness arising from being under the same shelter with it] and if he passed [underneath it], he is ritually impure.
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English Explanation of Mishnah Avodah Zarah
One may not sit in its shadow, but if he sat he is pure. Nor may he pass beneath it, and if he passed he is impure. One is not allowed to sit in the shade of an asherah, for by doing so he would be benefiting from an idolatrous object. However, sitting in its shade alone will not cause him to be made impure, because he did not actually sit underneath the tree. He is not allowed to pass under the asherah, and if he does he is impure. According to the Talmud this is because we assume that underneath the asherah tree is an idolatrous offering, which causes Jews to become impure. When the branches of the tree form a tent over the person and the idolatrous offering the impurity of the idolatrous offering is transferred to the person (this is called tent impurity).
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Bartenura on Mishnah Avodah Zarah
היתה גוזלת את הרבים – that its bough inclines to the public domain.
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English Explanation of Mishnah Avodah Zarah
If it encroaches upon the public road and he passed beneath he is pure. If the asherah was leaning over onto the public road and a person passed underneath it, he is not impure. The impurity of the asherah is only rabbinically ordained, and in this case the Rabbis did not decree that one who walks underneath the asherah is made impure. The reason for this is that the Rabbis declared idolatrous objects to be transmitters of impurity in order to keep people away from them. Since this person who was walking on the public could not have avoided the tree, he is not impure.
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Bartenura on Mishnah Avodah Zarah
טהור – it is Rabbinical defilement and where it “steals”/encroaches upon the public [domain], the Rabbis did not make a decree.
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English Explanation of Mishnah Avodah Zarah
They may sow vegetables beneath it in winter but not in summer, and lettuce neither in summer nor winter. Rabbi Jose says: even vegetables [may not be planted] in winter because the foliage falls upon them and becomes manure for them. In the winter one is allowed to sow plants underneath the asherah tree, since the shade provided by the tree will not benefit the plants. In this case he is not benefiting from an idolatrous object. However, he may not plant lettuce underneath the asherah, even in the winter, since shade is always beneficial to lettuce. Rabbi Yose states that even vegetables may not be planted in winter, since the falling leaves will act as manure for the vegetables and therefore the planter would be benefiting from an idolatrous object. In other words, although he will not benefit from the shade since he will benefit in other ways, it is forbidden.
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Bartenura on Mishnah Avodah Zarah
ירקות בימות הגשמים – for the tree is difficult for them as it prevents the sun from coming out.
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Bartenura on Mishnah Avodah Zarah
אבל לא בימות החמה – for the shade is pleasant for them.
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Bartenura on Mishnah Avodah Zarah
והחזרין – lettuce and in Arabic, “hassa.”
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Bartenura on Mishnah Avodah Zarah
לא בימות החמה [ולא בימות הגשמים] – for the shade is always pleasant for them.
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Bartenura on Mishnah Avodah Zarah
והנמייה –leaves that fall from the tree in the rainy season and in the Gemara (Talmud Avodah Zarah 49a), raises the objection to that which we learn according to Rabbi Yosi who states that the combined causes is permitted (who is discussing the subject of planting vegetables in the winter, according to the Mishnah). Earlier in our chapter (see Tractate Avodah Zarah, Chapter 3, Mishnah 3), regarding crumbling them [the idolatrous figures] and casting them into the wind (see also Tractate Pesahim, Chapter 2, Mishnah 1 for the use of the same phrase regarding the destruction of leavened products) and even though they are made into manure, for where the permission and the prohibition of both of them cause them to bring the matter, such as the case as the land of permission, and the manure of idolatry which is prohibited, cause the growing of vegetables, Rabbi Yosi holds that it is permitted. And where he prohibited vegetables, here it is because the foliage falls upon them, and Rabbi Yosi responds here to the words of the Rabbis stating that according to them when they state that the combined causes are prohibited, they should have prohibited the vegetables because of the foliage that falls upon them and it is for them like manure. But the Rabbis hold that this is different here, for the tree of idolatry does not affect the vegetables at all, for as the foliage is beneficial to them, the shade is harmful for them. But the Halakha is according to Rabbi Yosi, that the product of combined sources is permissible.
