It is possible for one to plow a single furrow and to be liable for (transgression of) eight negative commandments. [This, if he were warned against (transgression of) all of them]: plowing with an ox and an ass (together), when they are sanctified, [the ox, for (sacrifice upon) the altar; the ass, for Temple maintenance. With the ox, there is transgression of (Deuteronomy 15:19): "You shall not work with the firstling of your bullock." With the ass, an exhortation against me'ilah (abuse of Temple property), derived by identity "sin" (Leviticus 5:15) - sin (Ibid. 22:9), from terumah. And the negative commandment (Deuteronomy 22:10): "You shall not plow with an ox and an ass together" — (transgression of) three negative commandments], with kilayim ( a forbidden admixture) of the vineyard [In plowing, he covers over wheat and barley and (grape) kernels with soil, thereby transgressing (Deuteronomy 22:9): "You shall not sow your vineyard with kilayim," it being ruled that one who "covers over" kilayim receives stripes — even though he does not sow them, but only covers them over with soil. This gives us four negative commandments. Rambam reckons kilayim of the vineyard as two negative commandments, one (transgression) by reason of seed kilayim, there being two varieties of seed — wheat and barley — and another by reason of vineyard kilayim, because of the kernels. He reckons "sanctified ox and ass" as (transgression of) only one negative commandment.], on shevi'ith (the sabbatical year), [viz. (Leviticus 25:4): "…a Sabbath to the L rd; your field you shall not sow."], on a festival, [viz. (Ibid. 23:7): "All manner of work you shall not do."], and a Cohein and a Nazirite in the place of uncleanliness, [i.e., the cemetery, where he transgresses (Leviticus 21:1): "To a dead person he shall not become unclean among his people," stated in respect to Cohanim, and (Numbers 6:6): "Upon the soul of a dead one he shall not come," stated in respect to Nazirites.] Chanania b. Chachinai says: Also, (there can be included) one clothed in kilayim [as he is plowing.] They countered: This is not by reason of the name [i.e., The negative commandment against wearing kilayim does not obtain by reason of the furrow.] He countered: "Cohein and Nazirite," too, [which you included as (transgressions of) negative commandments] are not by reason of the name! [i.e., They do not obtain by reason of plowing, but by reason of going to a place of uncleanliness. Still, the first tanna includes them because he cannot plow with oxen unless he goes with them and leads them.]
Bartenura on Mishnah Makkot
תלם אחת – one row of a field (when one ploughs one furrow)
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English Explanation of Mishnah Makkot
Introduction
Mishnah nine discusses a case where one can perform one act and thereby violate eight or nine negative commandments and therefore receive eight or nine sets of lashes.
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Bartenura on Mishnah Makkot
וחייב עליו משום שמונה לאוין – and he had been warned on all of them.
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English Explanation of Mishnah Makkot
Our mishnah lists a situation where a person plows one furrow in the ground and yet has violated eight different negative commandments. We will describe all eight and their Biblical precedents. (1) It is forbidden to plow with an ox and a donkey yoked together (Deuteronomy 22:10). (2+3) If the animals were sanctified to the Temple then one is forbidden to use them for other purposes. Since there are two animals that were both sanctified, he has violated two negative commandments not to use sanctified property. (4) It is forbidden to sew ones vineyard with other types of seeds (Deuteronomy 22:9). If by plowing he overturns seeds in a vineyard, this is considered as if he is sewing them anew and he thereby violates this commandment. (5) It is forbidden to plow the land during the Sabbatical year (Leviticus 25:4). (6) It is forbidden to plow on the Festival (see for instance Leviticus 23:7). It is also forbidden to plow on the Sabbath. However, violations of the Sabbath are not punished by lashes, as are the other violations in our mishnah, but rather by death. Since there is a principle that if one violates two commandments with one act he receives the more serious punishment, if this plowing were to have taken place on the Sabbath he would be executed and not flogged. Hence our mishnah lists the Festival and not the Sabbath. (7) A priest is forbidden to defile himself by contact with the dead or with a cemetery (Leviticus 21:1). If the plowing was done in a cemetery he will be obligated for this violation as well. (8) A nazirite is also forbidden to defile himself by contact with the dead (Numbers 6:6).
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Bartenura on Mishnah Makkot
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.
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English Explanation of Mishnah Makkot
Hanania ben Hakinai says: “He may also have been wearing a garment mixed of wool and linen.” They said too him: “This is not of the same category.” He said to them: “Even the nazirite is not in the same category.” Hananiah ben Hakinai adds another possible violation to the list. If, while performing all of these activities, he wears the forbidden mixture of wool and linen, he has now violated a ninth prohibition. The Sages respond that this ninth violation has nothing to do with the plowing and therefore they did not list it in the first section of our mishnah. Hananiah ben Hakinai responds that being a nazirite (or a priest) who defiles himself is also not a violation that is a result of the plowing, since a nazirite and a priest are forbidden even to enter the cemetery. Since according to Hananiah the list already includes violations that are not a direct result of plowing, it may be expanded to other violations that are not a result of the plowing, such as wearing wool and linen. In this way Hananiah ben Hakinai has found a way that a person can be obligated for having violated nine prohibitions in one act.
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Bartenura on Mishnah Makkot
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.
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English Explanation of Mishnah Makkot
Questions for Further Thought: • Why would the authors of the mishnah want to list all of the possible violations involved in plowing one furrow? What principle does this teach us? How does it relate to the subject of the previous mishnah? • Section two: What might the Sages respond to Hananiah ben Hakinai, who received the last word in the mishnah?
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Bartenura on Mishnah Makkot
שביעית – (Leviticus 25:4): “A sabbath of the LORD: you shall not sow your field…”
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Bartenura on Mishnah Makkot
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).
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Bartenura on Mishnah Makkot
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).
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Bartenura on Mishnah Makkot
אף הלובש כלאים – at the time when he is ploughing.
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Bartenura on Mishnah Makkot
אינו מן השם – the negative of commandment of wearing [garments made] of mixed seeds is not for the one who ploughs a furrow.
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Bartenura on Mishnah Makkot
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.