Comentario sobre Hulín 1:7
הַתֶּמֶד, עַד שֶׁלֹּא הֶחֱמִיץ, אֵינוֹ נִקָּח בְּכֶסֶף מַעֲשֵׂר, וּפוֹסֵל אֶת הַמִּקְוֶה. מִשֶּׁהֶחֱמִיץ, נִקָּח בְּכֶסֶף מַעֲשֵׂר וְאֵינוֹ פוֹסֵל אֶת הַמִּקְוֶה. הָאַחִין הַשֻּׁתָּפִין, כְּשֶׁחַיָּבִין בַּקָּלְבּוֹן, פְּטוּרִין מִמַּעְשַׂר בְּהֵמָה. כְּשֶׁחַיָּבִין בְּמַעְשַׂר בְּהֵמָה, פְּטוּרִין מִן הַקָּלְבּוֹן. כָּל מָקוֹם שֶׁיֵּשׁ מֶכֶר, אֵין קְנַס. וְכָל מָקוֹם שֶׁיֵּשׁ קְנַס, אֵין מָכֶר. כָּל מָקוֹם שֶׁיֵּשׁ מֵאוּן, אֵין חֲלִיצָה. וְכָל מָקוֹם שֶׁיֵּשׁ חֲלִיצָה, אֵין מֵאוּן. כָּל מָקוֹם שֶׁיֵּשׁ תְּקִיעָה, אֵין הַבְדָּלָה. וְכָל מָקוֹם שֶׁיֵּשׁ הַבְדָּלָה, אֵין תְּקִיעָה. יוֹם טוֹב שֶׁחָל לִהְיוֹת בְּעֶרֶב שַׁבָּת, תּוֹקְעִין וְלֹא מַבְדִּילִין. בְּמוֹצָאֵי שַׁבָּת, מַבְדִּילִין וְלֹא תוֹקְעִין. כֵּיצַד מַבְדִּילִין, הַמַּבְדִּיל בֵּין קֹדֶשׁ לְקֹדֶשׁ. רַבִּי דוֹסָא אוֹמֵר, בֵּין קֹדֶשׁ חָמוּר לְקֹדֶשׁ הַקַּל:
Una infusión de agua sobre lías de uva que aún no ha fermentado, no se puede comprar por el dinero del segundo diezmo, y hace que un baño, sin embargo, no sea apto [para la limpieza legal]; pero cuando ha fermentado, puede comprarse por el dinero del segundo diezmo, y su mezcla no hace que un baño no sea apto Hermanos que, después de compartir la herencia de sus padres, se han asociado, no están obligados a pagar el diezmo del ganado. mientras están sujetos al Kalbon, pero mientras están sujetos al pago del diezmo de ganado no están sujetos al Kalbon. Si bien el derecho de venta recae en el padre [que durante la minoría de su hija puede venderla como sierva] no se puede imponer ninguna multa, y cuando los daños pueden reclamarse legalmente, el derecho de venta cesa. Mientras el derecho de rechazo está vigente, Chalitzah no tiene lugar, y cuando se realiza esa ceremonia, el derecho de rechazo ya no es aplicable. Cuando suena la corneta no se dice Habdallah, y cuando se dice eso no suena la corneta. Cuando se celebra un festival en la víspera del sábado, suena el cucurucho, pero no se dice el Habdallah. Si el día después del sábado, se dice, pero no suena la corneta. ¿Cuál es la forma del [oración] Habdallah? [Bendito eres tú, etc.] "que distingue entre santo y santo"; pero según R. Dosa, "quienes hacen una distinción entre los grados de santidad mayores y menores".
Bartenura on Mishnah Chullin
התמד עד שלא החמיץ – (See Mishnah Maaser Sheni, Chapter 1, Mishnah 3, for identical parallel text of the first part of the Mishnah). Up until now [in this chapter of Mishnah Hullin] we have been dealing with two things and the matter that is practiced with one is not practiced with the other, and now we are dealing with one thing, and when a certain thing is in vogue with it, another thing is not in vogue with it.
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English Explanation of Mishnah Chullin
Introduction
The final mishnah of our chapter continues to describe cases where a halakhah is opposite in different situations.
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Bartenura on Mishnah Chullin
תמד – water that is placed on the exterior or on the interior [of grapes] and when they are warmed and ferment, produce wine, or [when water is placed is placed] on the sediment and the water absorbs the flavor of the wine. And [this occurs] at the time when one places [on the wine] three parts of water and it produces four. Everyone holds that it is superior wine. But here we are dealing [with a case] where it did not produce other than what he put on it, or less or just a bit more.
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English Explanation of Mishnah Chullin
Temed: Before it has fermented it may not be bought with second tithe money and it renders a mikveh invalid; After it has fermented it may be bought with second tithe money and it does not render a mikveh invalid. Temed is a drink made from grapes that have already been squeezed in order to make wine. Until temed has fermented the rabbis consider it to be like water. One can buy food and drink with second tithe money but not water (see Maaser Sheni 1:3, 5) and therefore not temed. Since unfermented temed is water it also has the power to render a mikveh invalid. Only drawn water can invalidate a mikveh other liquids do not. Once it has fermented it is no longer water and therefore it can be bought with second tithe money and it does not invalidate a mikveh.
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Bartenura on Mishnah Chullin
עד שלא החמיץ – It is mere water and is not purchased with the money of the [second] tithe, for the wine that is mentioned which is purchased with [second] tithe monies (as is written – Deuteronomy chapter 14, verse 26): “And spend the money on anything you want…” Just as the specification is spelled out, the usufruct of the fruit from the fruit and that which grows in the ground, so too every (usufruct of the fruit from fruit and that which grows in the ground.
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English Explanation of Mishnah Chullin
Brothers who are partners [in their inheritance]: When they are liable to pay the kalbon, they are exempt from the cattle tithe, And when they are liable to the cattle tithe, they are exempt from the kalbon. The kalbon refers to an extra amount that people had to pay over the half shekel that every Israelite was obligated to pay to the Temple each year (see Shekalim 1:7). When sons split their fathers inheritance and then shared it in a partnership, they are treated as are all partners and they are obligated to pay the kalbon. In other words, even though at one point all of the money was jointly owned by their father, they are now regarded as regular partners. If they jointly own animals they are exempt from paying the cattle tithe, as is always the rule for partners. However, if they have not yet divided their inheritance, then we treat the inheritance as if it still belongs to their father. In such a case, they are obligated for the cattle tithe but not for the kalbon, because whenever a father pays the ½ shekel for his children, he is not liable to pay the kalbon.
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Bartenura on Mishnah Chullin
ופוסל את המקוה – since three “logs” (a “log” is a measurement which equals six eggs in volume) [amount of] drawn water make a Mikveh unfit [for immersion], but if it (the water that had been placed on the exterior or on the interior of grapes) fell into it (the Mikveh) prior to conducting the forty Seah of water (which is necessary for a Kosher Mikveh – see Mishnah Mikvaot, Chapter 1, Mishnah 7 and Mishnah Menahot Chapter 12, Mishnah 4) into a channel, the wine does not disqualify the Mikveh other than through a change in its appearance.
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English Explanation of Mishnah Chullin
Whenever there is [the power] to sell, there is no fine, and whenever there is a fine there is no power to sell. This section is found in Ketubbot 3:8. There are two rights discussed here: 1) the right of a father to sell his daughter as a slave and 2) his right to receive the fine paid out by one who rapes her or seduces her. The father has the right to sell her while she is still a minor (ketanah), but not when she reaches the age of a na’arah (about 12). At this age there is no fine levied on the rapist or seducer. Once she becomes a na’arah there is a fine which goes to the father. However, he no longer has the right to sell her.
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Bartenura on Mishnah Chullin
משהחמיץ – (once it has fermented), it is considered wine, and we use it to be purchased with [the money of] the [second] tithe, and does not [by its being poured into the Mikveh] disqualify the Mikveh.
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English Explanation of Mishnah Chullin
Whenever there is the right of refusal there can be no halizah, and whenever there can be halizah there is no longer the right of refusal. The right of refusal refers to a girl’s right to annul marriage when that marriage was arranged by her mother or brother because her father had already died (see Yevamot 13:1-2). The right of refusal exists only when she is a minor. However, a minor girl cannot perform halitzah (release from levirate marriage, see Yevamot 12:4). Thus if she was married off by her father and then her husband died before she reached majority age, she cannot perform halitzah until she is of majority age.
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Bartenura on Mishnah Chullin
האחין השותפין – brothers who were partners in their inheritance.
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English Explanation of Mishnah Chullin
When the shofar is blown there is no havdalah, and when there is habdalah the shofar is not blown. [Thus], if a festival falls on the day before Shabbat the shofar is blown but there is no havdalah; If it falls on the day following Shabbat there is havdalah but the shofar is not blown. How do they recite havdalah [on a festival that follows Shabbat]? “Who distinguishes between holy and holy.” Rabbi Dosa says: “Who distinguishes between the more holy and less holy day.” On Friday evening right before it became dark they would blow the shofar six times to let people know that Shabbat was beginning (see Sukkah 5:5). If this was a day in which they were blowing the shofar to let people know about Shabbat, then it definitely could not be time to recite the havdalah to separate a holy day from a non-holy day. However, if it was a time to recite havdalah, then there would be no shofar blasts. On a normal Saturday evening this is clear. However, it is not always so clear, as we shall see now. If the festival fell on Friday before Shabbat, then they would blow the shofar on Friday evening, as was normal. Blowing the shofar on a festival is not prohibited. However, they would not recite any havdalah at the end of the festival, since the sanctity of Shabbat is greater than that of the festival. If the festival fell immediately after Shabbat, the opposite is true. They would recite havdalah, but not blow the shofar. The final piece of the mishnah describes how the blessing was recited on Saturday night when a festival begins right after Shabbat. One could not simply recite “who distinguishes between a holy day and a profane day” because both Shabbat and the festival are holy. Therefore, according to the first opinion, one recites “who distinguishes between the holy and the holy.” Rabbi Dosa differs slightly and says that one should note that Shabbat is holier than the festival.
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Bartenura on Mishnah Chullin
שחייבין בקלבון פטורין במעשר בהמה – See Mishnah Bekhorot, Chapter 9, Mishnah 3 where this Mishnah fragment is also found. (See Mishnah Shekalim, Chapter 1, Mishnah 6 - in the Bartenura commentary for a definition of the word קלבון\קולבון – something light and small that is added to the one-half shekel requirement each person must pay as a poll tax – see Exodus, chapter 30, verses 11-16 - that is divided among the partners – if they are Levites, Israelites, converts or freed slaves, but not Priests, women, slaves or minors.) Brothers who divided [the inheritance at first] and at the end became partners, are obligated to pay the agio (a premium paid for changing one kind of money to another–an allowance or premium for the difference in value between two currencies being exchanged) and when they bring their two one-half Shekels, they give two Kalbonim–agios, and the Kalbon is the way of expressing a customary additional weight in retailing–boot – that they (the partners) are obliged to overbalance their Shekalim. And if they gave between the both of them a complete Shekel (i.e. adding to the obligatory one-half Shekel that each adult male is required to give - see the Biblical source from Exodus quoted above), they give two Kolbonot, which they have to pay the head-tax in halves. But they are exempt from the tithe for cattle (offered on the first day of Elul – see Mishnah Rosh Hashanah, Chapter 1, Mishnah 1), as is brought in (the Talmud) Tractate Bekhorot in the last chapter (56b). The words (Numbers chapter 18, verse 9) teach: “This shall be yours [from the most holy sacrifices, the gifts: every such offering that they render to Me as most holy sacrifices….shall belong to you and your sons],”and not [that which belongs] to partners. And there (in Berakhot 56b), they (the Rabbis) prove that this verse [as referring to] the tithe [of cattle] even though it is written in connection with the first-born [animals].
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Bartenura on Mishnah Chullin
וכחייבין במעשר בהמה – for example, if they never divided [their estate], they are obliged to give the tithe for cattle, to tithe all those [cattle] born to them all the days of their partnership, as it says there (Talmud Bekhorot 56b), they are able, even if they purchased it that which belongs to the estate (before division among heirs), as it teaches (Numbers, chapter 18, verse 9), “shall be [yours]” regardless.
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Bartenura on Mishnah Chullin
ופטורין מן הקלבון – (they are exempt from paying the Kolbon) completely, in that they offer the head-tax of a full shekel (half a shekel apiece) between them; since their father’s monies are presumed to be standing in his possession. And the father who pays the head-tax for his sons or for someone from his city, he exempts him (i.e., that individual) from paying the head-tax by his own [payment], and his [concerning] his sons also, the Mitzvah of paying the head-tax [of one-half Shekel per individual] is not upon him (i.e., the father), but they are likened to be like his neighbor or fellow city-dweller.
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Bartenura on Mishnah Chullin
כל מקום שיש מכר – that a man can sell his daughter, that is when she is a minor.
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Bartenura on Mishnah Chullin
אין קנס – (when her daughter was a נערה –between the ages of twelve and twelve years and six months) if she had been violated–outraged (raped) or seduced, her father does not receive the fifty shekels of silver (as it is written (Deuteronomy 22:29): “the may who lay with her shall give shall pay the girl’s father fifty [shekels of] silver, and she shall be his wife…”
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Bartenura on Mishnah Chullin
וכל מקום שיש קנס – that is when she is a נערה–a maiden between the ages of twelve and twelve years and six months.
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Bartenura on Mishnah Chullin
אין מכר – a man (i.e., the father) may not sell his daughter to another (man) after she has brought forth the signs of her maidenhood (i.e., puberty). And our Mishnah is [according to] Rabbi Meir (see the parallel Mishnah Ketubot, Chapter 3, Mishnah 8 – and the general rule that anonymous Mishnah texts accord with the opinion of Rabbi Meir in Sanhedrin 86a and Hullin 26b), who said that that a minor girl from the age of one day until she brings forth two pubic hairs (symptoms of maturity), she is able to be sold but there is no financial penalty. But the Halakha is like the Sages (that a minor daughter from the age of three years and one day until she brings form the signs of her maturity can be sold and there is a fine associated with this sale). And it is found that a daughter from the day she is born until she becomes fit for sex[ual relations], she can be sold but there is no fine regarding her. And when she is deemed fit for sexual relations until she brings forth signs of her maturity, she can be sold and there is a fine regarding to her. And there is no distinction between נערות–maidenhood and adulthood – other than a [period of] six months.
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Bartenura on Mishnah Chullin
כל מקום שיש מיאון – An orphaned girl who was married off by her mother and–or her brothers, even with her knowledge (i.e. acceptance), can refuse and leaves [this marriage] without a Jewish bill of divorce until she brings forth her signs of maturity. Throughout the days of her being a minor, she is not appropriate for her to have [her perform the ceremony of] חליצה–taking off the shoe of her dead husband’s brother and spitting in his face (see Deuteronomy chapters 25, verses 5-11) if she is a יבמה–widow of a brother who died without having any children, for the word "איש"–”a man” is written in the portion (Deuteronomy chapter 25, verse 7): “But if the man does not want [to marry his brother’s widow]…” And they [the Rabbis] raise an objection comparing a woman to a man. And when she appears able to conduct [the ceremony] of חליצה–taking off the shoe of her dead husband’s brother and spitting in his face, she is not able [any longer] to refuse [the marriage recommendations of her mother and–or brothers].
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Bartenura on Mishnah Chullin
כל מקום שיש תקיעות – On the eves of the Sabbath and Jewish Holy Days (Yom Tov), the Shofar is sounded with three Tekiot (succession of connected notes) to cause the people to cease from their [weekday] labor and at twilight, they sound the Tekiah (succession of connected notes), the Teruah (rapid succession of nine notes–tremolo) and [another] Tekiah and then they stop [working].
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Bartenura on Mishnah Chullin
אין הבדלה – There is no [recitation of the prayers of the Havdalah ceremony, concluding the Sabbath and–or Festivals] neither on the wine or in the Amidah (the fourth blessing of the Amidah on Saturday night contains the Havdalah prayer), for there is no Havdalah other than on aftermath of Sabbaths and Festivals.
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Bartenura on Mishnah Chullin
יום טוב שחל להיות בערב שבת תוקעים – Even though it was also the day of a Jewish holy day (Yom Tov), and there is no work [performed], we sound the Shofar (i.e. the succession of connected notes) to cause people to stop their food preparation (which is permissible on Jewish holy days during the weekdays).
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Bartenura on Mishnah Chullin
ולא מבדילין – Because he enters into the more stringent [day of the Sabbath] from what he is leaving [the less stringent day of the Holy Day].
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Bartenura on Mishnah Chullin
חל להיות במוצאי שבת מבדילין – Since one leaves the more stringent (i.e. the Sabbath), from what one is entering into (i.e. Jewish Holy Day], and there is no sounding of the Shofar here.
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Bartenura on Mishnah Chullin
כיצד מבדילין – [When going] from [the] Sabbath to Yom Tov (Jewish holy day), when a Jewish holy day occurs (and begins) on a Saturday evening (at the conclusion of the Sabbath).
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Bartenura on Mishnah Chullin
רבי דוסא אומר: בין קודש חמור – But the Halakha does not follow Rabbi Dosa since we do not treat lightly the Jewish holy day by calling it the unimportant [or of minor value] holy day.
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