And he may tithe his terumah and his ma'aseroth to his knowledge [As when he said: "All who wish to tithe (my produce) may come and do so." But he may not tell him to do so, for he thereby makes him his messenger, and he derives pleasure through the other's doing his bidding], and he may sacrifice for him the bird offerings of zavin, zavoth, and women who have given birth [A Cohein from whom an Israelite has bevowed benefit may sacrifice these offerings for him.], and he may teach him medrash [Sifra, and Sifrei, which is the medrash of the verses], halachoth ["halachoth to Moses from Sinai"], and aggadoth [the words of the sages, which they linked to the verses. The reason he is permitted to teach him all these is that one is not permitted to take pay for teaching these, and there is no "benefit," for he is (simply) performing a mitzvah.], but he may not teach him Scripture. [For it is permitted to take pay for the teaching of Scripture; for he takes it only for the teaching of the proper cantillation of the verses. Since this is not a mitzvah of the Torah, it is permitted to take pay for it, and if he does not take it, he is found to have benefitted him. And this applies only in a place where it is customary to be paid for teaching cantillation; but in a place where it is not customary to be paid, it is permitted to teach him cantillation, too.] But he may teach his sons and his daughters Scripture [Even though it is a mitzvah for the father to teach his son, so that he thereby relieves him of his obligation, this is not called "benefitting," for "mitzvoth were not given for 'benefitting.'" And it is also possible that he could find another to teach him gratis.], and he may feed his wife and his children even though he himself is obliged to feed them; but he may not feed his beast, whether clean or unclean. [For he wishes it to be fattened and he benefits thereby.] R. Eliezer says: He may feed the unclean beast, but not the clean one. They asked him: What is the difference between the unclean and the clean? He answered: The clean one — its soul goes to heaven, and its body goes to him. The unclean one — both its soul and its body go to heaven. [For it is used for working and he is not concerned about its being fattened. They replied: The unclean one, too — its soul goes to heaven, and its body is his; for if he wishes, he can sell it to a non-Jew [for food and receive more for its having been fattened], or he can feed it to the dogs.
Bartenura on Mishnah Nedarim
ותורם תרומתו ומעשרותיו לדעתו – as, for example, that he said, all who wish to make a heave-offering should come and make the heave-offering/Terumah. But he should not tell him to make the heave-offering, for behold that makes him an agent and it is a benefit to him that he performs his agency.
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English Explanation of Mishnah Nedarim
Introduction
This mishnah continues to discuss what Shimon may do for Reuven who has sworn not to receive benefit from him. The first part of the mishnah discusses certain mitzvoth which might cost money. The second part deals with feeding those whom the person who cannot receive benefit has a responsibility to feed.
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Bartenura on Mishnah Nedarim
ומקריב לו קיני זבין וזבות – a Kohen who made a vow with an Israelite to not derive benefit from him, he can offer his sacrifices that he brings for a male with an emission and/or a female with an emission and/or [bird-offerings] for women who have given birth.
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English Explanation of Mishnah Nedarim
He may donate his terumah and his tithes with his consent. If Reuven cannot receive any benefit from Shimon, Shimon may still donate Reuven’s terumah and tithes, as long as Reuven consents. This could happen in two ways. First of all, Reuven could say that anyone who wants to donate his terumah or tithes may do so. Shimon may then take of Reuven’s produce and donate it. Alternatively, Shimon may donate of his own produce as if it was Reuven’s and thereby exempt Reuven from giving terumah or tithes. Reuven may not specifically tell Shimon to donate his terumah for then Shimon would be an agent of Reuven’s, which is forbidden.
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Bartenura on Mishnah Nedarim
ומלמדו מדרש – Sifra (i.e., the legal Midrash to Leviticus) and Sifrei (i.e., the legal Midrash to Numbers and/or Deuteronomy) , which is the Midrash of the the verses.
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English Explanation of Mishnah Nedarim
He may offer up for him the bird sacrifices of zavim and zavoth and the bird sacrifices of women after childbirth, sin-offerings and guilt-offerings. When a person is purified from having been a zav or a zavah (some type of gonorrhea), s/he must bring bird sacrifices. Similarly, after having given birth, a woman must bring bird sacrifices. After sinning, a person must bring either a sin-offering or a guilt-offering, depending upon the sin. The mishnah teaches that if Shimon is a kohen, and Reuven cannot receive benefit from him, Shimon may still offer up his sacrifices, because kohanim are agents of God and are not considered the agents of those whose sacrifices they are offering.
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Bartenura on Mishnah Nedarim
הלכות – a usage dating from Moses as delivered from Sinai (i.e., a traditional law or a traditional interpretation of a written law).
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English Explanation of Mishnah Nedarim
He may teach him midrash, halakhoth and aggadoth, but not Scripture, yet he may teach his sons and daughters Scripture Shimon can teach Reuven midrash (explanation of Scripture), halakhah (mishnah) and aggadah (legends) because all of these are part of the oral Torah, and teachers of the oral Torah were not paid for their teaching. Therefore, Reuven is not receiving financial benefit. However, Shimon may not teach Reuven written Torah (Scripture) without receiving pay, because people customarily were paid for this. If Shimon forgoes his pay, Reuven will have received financial benefit. However, Shimon may teach Reuven’s sons and daughters Scripture, for this is a commandment placed upon the father. Shimon’s helping Reuven fulfill a commandment is not considered financial benefit, even though in reality, Reuven is saving money. Note, that this mishnah implies that a parent is obligated to teach his child Torah, more than he is obligated to learn Torah himself.
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Bartenura on Mishnah Nedarim
אגדות – words of the Sages that were supported through Biblical passages. And the reason that it was permitted to teach him all of these things, is that a person is not permitted to take a salary in order to teach his fellow all these things, and there is no benefit here, for he is performing a Mitzvah.
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English Explanation of Mishnah Nedarim
And he may support his wife and children, even though he is liable for their maintenance. Shimon may feed Reuven’s family, even though Reuven is obligated to do so. This is because Shimon is not giving anything to Reuven.
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Bartenura on Mishnah Nedarim
אבל לא ילמדנו מקרא – for he is permitted to take a salary for the study of Bible for it is not other than the payment for the incisions in the Bible vers according to sense to play the Biblical verses in their appropriate manner, and it is not according to the Torah, and it is permitted to take payment for this for if he does not take payment, he ends up providing benefit for him, and if he takes [payment] it is found that he benefits. And specifically in a place where it is the practice to take payment for the Scripture, but in a place where they don’t take payment for Scripture, even Scripture is permitted to teach him.
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English Explanation of Mishnah Nedarim
But he may not feed his beasts, whether clean or unclean. Rabbi Eliezer says: he may feed an unclean beast of his, but not a clean one. They said to him: what is the difference between an unclean and a clean beast? He replied to them, a clean beast, its life belongs to heaven, but its body is his own; but an unclean animal its body and life belongs to heaven. They said to him: The life of an unclean beast too belongs to heaven and the body is his own for if he wishes, he can sell it to a non-Jew or feed dogs with it. There is a debate whether or not Shimon may feed Reuven’s impure (unkosher) animal. All hold that he may not feed Reuven’s clean (kosher) animal, because that is giving Reuven money which he eventually might consume. However, the unkosher animal will not be eaten. Rabbi Eliezer argues that the impure animal’s flesh, when it dies, returns to God, just as its life-force does as well. Since the flesh doesn’t belong to its Jewish owner, Shimon may feed it and it is not considered direct benefit to Reuven. The other Sages argue that since Reuven may give the animal (its meat) to a non-Jew or feed it to a dog, by feeding it Shimon would be benefiting Reuven, and it is therefore prohibited.
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Bartenura on Mishnah Nedarim
אבל מלמד הוא את בניו – for even though it is a Mitzvah upon the father to teach his son, and this fulfills his obligation to do so, it is not called benefit, for the Mitzvot/commandments were not given to benefit from them. But it is also possible that he would find someone else who will teach him (i.e., his son) for free.
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Bartenura on Mishnah Nedarim
לא יזון את בהמתו – for it is satisfactory to him (i.e., the animal) with spices and this benefits him.
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Bartenura on Mishnah Nedarim
טמאה נפשה וגופה לשמים – that for work it exists and he doesn’t worry about the corpse.
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Bartenura on Mishnah Nedarim
שאם ירצה מוכרה לעכו"ם – for eating and he takes the excess monies for its corpse.
