Commentary for Maasrot 3:10
תְּאֵנָה שֶׁהִיא עוֹמֶדֶת בֶּחָצֵר וְנוֹטָה לַגִּנָּה, אוֹכֵל כְּדַרְכּוֹ וּפָטוּר. עוֹמֶדֶת בַּגִּנָּה וְנוֹטָה לֶחָצֵר, אוֹכֵל אַחַת אַחַת, פָּטוּר. וְאִם צֵרַף, חַיָּב. עוֹמֶדֶת בָּאָרֶץ וְנוֹטָה לְחוּצָה לָאָרֶץ, בְּחוּצָה לָאָרֶץ וְנוֹטָה לָאָרֶץ, הַכֹּל הוֹלֵךְ אַחַר הָעִקָּר. וּבְבָתֵּי עָרֵי חוֹמָה, הַכֹּל הוֹלֵךְ אַחַר הָעִקָּר. וּבְעָרֵי מִקְלָט, הַכֹּל הוֹלֵךְ אַחַר הַנּוֹף. וּבִירוּשָׁלַיִם, הַכֹּל הוֹלֵךְ אַחַר הַנּוֹף:
A fig tree that stands in a courtyard and hangs over into a garden: one may eat in his customary fashion and be exempt [from tithes]. If it stands in a garden and hangs over into a courtyard, one may eat [the figs] one at a time and be exempt, but if he combines [them], he is required [to tithe]. If it stands in the Land [of Israel] and hangs over into <i>Chutz La'Aretz</i> [outside of the Land of Israel, or if it stands] in <i>Chutz La'Aretz</i> and hangs over into the Land [of Israel], in all [cases the law] is decided according to the [position of the] root. And as regards houses in walled cities, in all [cases the law] is decided according to the [position of the] root. But as regards an <i>Ir Miklat</i> [city of refuge for accidental murderers], in all [cases the law] is decided according to the [position of the] branches. And as regards Jerusalem, in all [cases the law] is decided according to the [position of the] branches.
Bartenura on Mishnah Maasrot
אוכל כדרכו – from the branches/bough that stands in the garden.
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English Explanation of Mishnah Maasrot
Introduction
This mishnah deals with the situation in which the trunk of a tree is found in one type of domain but its branches hang over into another.
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Bartenura on Mishnah Maasrot
אוכל אחת אחת – from the branch that extends to the courtyard
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English Explanation of Mishnah Maasrot
A fig tree which stands in a courtyard, and hangs over into a garden: one may eat in his customary fashion and be exempt [from tithes]. When it comes to tithes, what matters is where the branches are, because that is where the fruit is. So if it stands in the courtyard, but the fruit is on branches hanging over into the garden, then he may eat from the tree without tithing.
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Bartenura on Mishnah Maasrot
ואם צירף – two [figs together], he is liable [for tithing].
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English Explanation of Mishnah Maasrot
If it stands in the garden and hangs over into the courtyard, one may eat [the figs] one at a time and be exempt, but if he gathers them together, he is liable [for tithes]. The opposite is also true if the tree is in the garden but the branches hang over into the courtyard, then he can only eat one fig at a time. Since the branches are in the courtyard, the fruit is liable for tithes.
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Bartenura on Mishnah Maasrot
הכל הולך אחר העיקר – for we cast the bough after its root, which is the place of the absorbing of the tree.
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English Explanation of Mishnah Maasrot
If it stands in the land [of Israel] and hangs over [into the territory] outside the land, or if it stands outside the land, and hangs over into the land, [in all these cases the law is] decided according to the position of the root. Only fruit that is grown on a tree entirely within the land of Israel is liable for tithes. The location of the tree is determined by its trunk. In this case it matters not where the fruit is, but rather, where the tree, i.e. the trunk, is.
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Bartenura on Mishnah Maasrot
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.
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English Explanation of Mishnah Maasrot
And as regards houses in walled cities, everything is decided according to the position of the root. According to Leviticus 25:29-31, houses that are sold within a walled city can be redeemed by the seller for one year. If they are not redeemed within the year then permanent title belongs to the purchaser. According to the rabbis, the same rule applies to trees sold within a walled city. In this case the tree’s location within or outside the walled city is determined by its roots. Again, what is determinant is the location of the tree and not the fruit, as was the case with tithes in sections one and two, and therefore, its location follows its root.
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Bartenura on Mishnah Maasrot
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.
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English Explanation of Mishnah Maasrot
But as regards cities of refuge, everything is decided [also] according to the location of the branches. Accidental murderers are supposed to flee to one of the cities of refuge. Once there the blood avenger can no longer kill them, and if he does so he is liable for murder. In this case, the location of the tree follows that of the branches. If the blood avenger kills him under the branches which are inside the borders of the refuge city, the blood avenger is guilty of murder, but if the branches are outside the city, he is exempt.
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English Explanation of Mishnah Maasrot
And in what concerns Jerusalem, everything is decided by the location of the branches. Second tithe is to be brought to Jerusalem, but if one wants, it is permitted to exchange it for money outside of Jerusalem and then bring the money to Jerusalem and use it to buy food there. It is impossible, however, to redeem food that is already in Jerusalem. In this case the status of the tree is determined by the branches, which is where the fruit is located. If the branches are located within Jerusalem, then the produce cannot be redeemed and it must be eaten in the city. If the trunk is within the walls of the city but the branches are outside, then it is permitted to redeem the produce and use the money to buy food.
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