Commentaire sur Ma'aser Sheni 3:11
צְבִי שֶׁלְּקָחוֹ בְּכֶסֶף מַעֲשֵׂר, וָמֵת, יִקָּבֵר עַל יְדֵי עוֹרוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, יִפָּדֶה. לְקָחוֹ חַי וּשְׁחָטוֹ וְנִטְמָא, יִפָּדֶה. רַבִּי יוֹסֵי אוֹמֵר, יִקָּבֵר. לְקָחוֹ שָׁחוּט וְנִטְמָא, הֲרֵי הוּא כְפֵרוֹת:
Un cerf qui a été acheté avec de l' argent Ma'aser [ Sheni ] et qui meurt, doit être enterré avec sa peau. Le rabbin Shimon dit qu'il doit le racheter. S'il a été acheté vivant, puis abattu et est ensuite devenu impur, il doit le racheter. Le rabbin Yose dit qu'il doit l'enterrer. S'il a été acheté abattu et est ensuite devenu impur, il [le cerf] est comme un fruit [qui est devenu impur].
Bartenura on Mishnah Maaser Sheni
על ידי עורו – with its hide
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English Explanation of Mishnah Maaser Sheni
Introduction
Our mishnah deals with a deer that was bought with maaser sheni money and then something happened to it that caused it to become inedible.
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Bartenura on Mishnah Maaser Sheni
ר' שמעון אומר: יפדה – and in this they disagree, for the first Tanna holds that we do not redeem the the holy things to feed them to dogs, and Rabbi Shimon holds that we redeem the holy things to feed them to dogs. But the Halakha is not according to Rabbi Shimon.
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English Explanation of Mishnah Maaser Sheni
If a deer which had been bought with maaser sheni money died, it must be buried together with its hide. Rabbi Shimon says: it may be redeemed. When the deer dies it cannot be eaten it is called “nevelah.” All that can be done with it is to give it to the dogs. However, since it is maaser sheni, it cannot be used to feed dogs. The first opinion in the mishnah holds that it cannot be redeemed in order to be given to the dogs, because one does not redeem holy things, like maaser sheni, in order to feed them to animals. In addition, its hide must also be buried, because he shouldn’t have bought a deer with maaser sheni money, because a deer cannot be used as a sacrifice (see above 1:4). Rabbi Shimon says that one can redeem maaser sheni in order to feed it to animals.
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Bartenura on Mishnah Maaser Sheni
לקחו חי ושחטו ונטמא יפדה – Here, Rabbi Yehuda does not dispute as he disputed about produce that was purchased with the [Second] Tithe money and were defiled, for since it was purchased alive, he lacks the distance [from the Place (i.e., Jerusalem) because he can carry it in any place that he desires. Therefore, it is like Second Tithe itself, and it is redeemed when it becomes defiled in the same manner that Second Tithe is redeemed when it is defiled.
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English Explanation of Mishnah Maaser Sheni
If it was bought alive and slaughtered and it then became unclean, it may be redeemed. Rabbi Yose says: it must be buried. If he slaughtered it and then it became unclean, the first opinion holds that it may be redeemed, as is the rule with other produce that was bought with maaser sheni money and then became impure (see yesterday’s mishnah.) Commentators note that even Rabbi Judah, who in yesterday’s mishnah said that the produce must be buried, here agrees that it can be redeemed. Since he bought it alive and it would not be difficult to carry it to Jerusalem, it is not governed by the law “when you are far from the place.” It can be redeemed like maaser sheni itself, which everyone agrees can be redeemed if it becomes impure. Rabbi Yose says that it must be buried. He treats this deer as if it had died, and therefore it must be buried.
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Bartenura on Mishnah Maaser Sheni
רבי יוסי אומר יקבר – for he is more stringent that Rabbi Yehuda as he holds that even though he purchased it alive, its law is that it is like produce purchased with the money of [Second] Tithe.
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English Explanation of Mishnah Maaser Sheni
If it was bought slaughtered and it became unclean, behold it is like produce. If it was bought when it was already slaughtered and then became impure, then it is treated like maaser sheni produce. This means that the same debate that we saw in yesterday’s mishnah applies here. The sages say that it may be redeemed, whereas Rabbi Judah says that it may not.
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Bartenura on Mishnah Maaser Sheni
לקחו שחוט ונטמא הרי הוא כפירות – And just as the first Tanna and Rabbi Yehuda disagreed above concerning produce purchased with [Second] Tithe money, so too they disagree on this.
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