Commentary for Sheviit 5:9
מַשְׁאֶלֶת אִשָּׁה לַחֲבֶרְתָּהּ הַחֲשׁוּדָה עַל הַשְּׁבִיעִית נָפָה וּכְבָרָה וְרֵחַיִם וְתַנּוּר. אֲבָל לֹא תָבוֹר וְלֹא תִטְחַן עִמָּהּ. אֵשֶׁת חָבֵר מַשְׁאֶלֶת לְאֵשֶׁת עַם הָאָרֶץ נָפָה וּכְבָרָה, וּבוֹרֶרֶת וְטוֹחֶנֶת וּמַרְקֶדֶת עִמָּהּ. אֲבָל מִשֶּׁתַּטִּיל הַמַּיִם, לֹא תִגַּע אֶצְלָהּ, שֶׁאֵין מַחְזִיקִין יְדֵי עוֹבְרֵי עֲבֵרָה. וְכֻלָּן לֹא אָמְרוּ אֶלָּא מִפְּנֵי דַרְכֵי שָׁלוֹם. וּמַחֲזִיקִין יְדֵי נָכְרִים בַּשְּׁבִיעִית, אֲבָל לֹא יְדֵי יִשְׂרָאֵל. וְשׁוֹאֲלִין בִּשְׁלוֹמָן, מִפְּנֵי דַרְכֵי שָׁלוֹם:
A woman may lend to her fellow who is suspected in the matter of the Sabbatical year a sieve, a sifter, millstones and an oven. But she may not sort or grind with her. The wife of a <i>Chaver</i> [status marking those who scrupulously observe tithes and purity laws] may lend to the wife of an <i>Am HaAretz</i> [status marking those who are lax in observing tithes and purity laws] a sieve and a sifter, and may sort, grind and sift with her. But once she wets [the flour], she may not touch it, as one may not assist transgressors. And all of these were said only for the sake of peace. And we encourage the work of non-Jews in the Sabbatical year, but not that of Jews. And we inquire after their [the non-Jews] well-being, for the sake of peace.
Bartenura on Mishnah Sheviit
החשודה על השביעית – to eat the fruit/produce of the Seventh Year after the removal [of the fruits of the third and sixth years of the Sabbatical cycle – see also Deuteronomy 26:12-14).
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English Explanation of Mishnah Sheviit
Introduction
This mishnah continues to deal with lending instruments to a person who may commit a transgression with that instrument.
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Bartenura on Mishnah Sheviit
נפה (sieve/winnow) – that I say to count in it money and she purchases it.
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English Explanation of Mishnah Sheviit
A woman may lend to her neighbor who is suspect of transgressing the laws of the sabbatical year, a sifter, a sieve, a hand-mill, or an oven. The first section continues to deal with lending instruments to a person who may not observe the sabbatical year. Again, since these instruments might be used for a permitted purpose, they may be loaned out, even though they may also be used for a prohibited purpose. The specific suspicion here is that the woman has stored her produce after the time when that produce no longer exists in the field. At this time, one is supposed to clear the produce out of the house so for instance if dates are still on the palm, one may store them in the house, but once they are no longer found outside, one must clear them out of her home. The sifter, sieve, hand-mill and oven might all be used to process such produce (especially grain), but they may also be used to process food that one is allowed to keep in the house either non-sabbatical year produce or produce that still exists in the field. Therefore, she may lend them to her.
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Bartenura on Mishnah Sheviit
כברה (basket used as a sieve) – I say [to her] to sift the sand in it.
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English Explanation of Mishnah Sheviit
But she may not sift or grind with her. Although she may lend these instruments to her, she may not go so far as to actually grind or sift with her. We learn here an important principle one may extend the benefit of the doubt to others, but one also should keep some distance if there is concern that such a person is transgressing. This is what will be stated in section four one may not aid those who commit a transgression.
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Bartenura on Mishnah Sheviit
רחיים (millstone) – for perhaps to grind them ingredients of frankincense.
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English Explanation of Mishnah Sheviit
The wife of a haver may lend to the wife of an am haaretz a sifter and a sieve and may even sift, grind, or sift flour with her. The mishnah now moves to a case similar to the previous one. Here we are talking about a woman married to a “haver,” a term we used throughout tractate Demai. A haver is one who scrupulously observes the laws of tithing and purity. The opposite is an am haaretz, a person who is suspected of not observing these laws. However, most amei haaretz do indeed tithe there food. Therefore, the wife of a haver cannot only lend her these instruments, she can use them with her. The fear that she has not tithed her produce does not create a prohibition.
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Bartenura on Mishnah Sheviit
תנור – lest to dry in it bundles of wet flax.
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English Explanation of Mishnah Sheviit
But once she poured water [over the flour], she may not touch [it] with her, for one may not aid those who commit a transgression. There is one problem that remains. The am haaretz does not observe purity laws. Produce is susceptible to impurity only once it has become wet. At this point, when the am haaretz’s wife touches the produce, specifically the dough which now has water in it, she will make it impure. The problem with causing the dough to become impure is that it has “hallah” in it hallah is the portion of the dough that must be removed and given to the priests. If it is impure the priest will not be able to use it and it will have to be burned. The wife of the “haver” cannot aid in destroying this hallah, and therefore, once water has been placed in the dough, she may no longer touch it.
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Bartenura on Mishnah Sheviit
ולא תטחן עמה – for it is prohibited to assist the hands of those who transgress [the law of not working the land in the Seventh Year].
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English Explanation of Mishnah Sheviit
And all these things were only allowed in the interests of peace. The leniencies above, the permission to lend various instruments to people who are likely to perform a transgression with them, were intended to preserve the “ways of peace (darkei shalom)” between those who were scrupulous in their observance of these laws (the haver and his wife) and those who were not (the am haaretz and his wife). It is interesting to note that there is a limit to leniencies given because of “darkei shalom.” One may lend instruments to those who might not use them appropriately, but not if it is certain that they will use them inappropriately. For instance, I could lend my car to someone who might use it during the week and might use it on Shabbat, but it would seem that I could not lend the car to someone who will certainly use it on Shabbat. Darkei Shalom implies that one must give others the benefit of the doubt, but when there is no doubt, then “one may not aid those who commit a transgression.”
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Bartenura on Mishnah Sheviit
ובוררת וטוחנת עמה – they did not prohibit here regarding a woman who is illiterate who is suspected illiterate people tithe.
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English Explanation of Mishnah Sheviit
They may offer encouragement to Gentiles during the sabbatical year, but not to Jews. The mishnah concludes with a few more examples of things done because of “darkei shalom.” This section is a repeat of mishnah 4:3 above, and I am merely repeating my commentary here: One who passes by a Gentile plowing or planting his field (in the land of Israel) on the sabbatical year may wish him luck. Even though the land is supposed to rest, Gentiles are not obligated to observe this law and in order to preserve peace between Jews and non-Jews, one may encourage him in his plowing. However, one may not offer encouragement to a Jew because that would be aiding him in committing a transgression.
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Bartenura on Mishnah Sheviit
אבל משתטיל המים –with started dough.
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English Explanation of Mishnah Sheviit
In the interests of peace, one may also offer greetings to Gentiles. It is always permitted to formally greet Gentiles in order to preserve the ways of peace between Jews and non-Jews.
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Bartenura on Mishnah Sheviit
לא תגע עמה – because once she [formed the dough by] rolling, it was immersed for Hallah, and she has deiled it on account of impure utensils because they became susceptible to receive Levitical impurity, and this one helps her to roll, and it is prohibited to cause ritual impurity to Hallah.
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Bartenura on Mishnah Sheviit
וכולן לא אמרו – they did not permit to loan them utensils and to assist them not at the time of the transgression itself but rather because of the ways of peace.
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Bartenura on Mishnah Sheviit
מחזיקין ידי נכרים – incidentally the Tanna/teacher [of the Mishnah] taught the ways of peace here, and it is explained above in Chapter 4 (Mishnah 3 of Tractate Sheviit).
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