Commentaire sur Ma'aserot 5:1
הָעוֹקֵר שְׁתָלִים מִתּוֹךְ שֶׁלּוֹ וְנָטַע לְתוֹךְ שֶׁלּוֹ, פָּטוּר. לָקַח בִּמְחֻבָּר לַקַּרְקַע, פָּטוּר. לָקַט לִשְׁלֹחַ לַחֲבֵרוֹ, פָּטוּר. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, אִם יֵשׁ כַּיּוֹצֵא בָהֶם נִמְכָּרִים בַּשּׁוּק, הֲרֵי אֵלּוּ חַיָּבִין:
Celui qui déracine les jeunes arbres de sa propre [propriété] et les plante [ailleurs] dans sa propre [propriété] est exonéré [de la dîme]. S'il a acheté [des jeunes arbres] attachés à la terre, il est exempté. S'il les a rassemblés pour les envoyer à ses semblables, il en est exempt. Le rabbin Elazar ben Azariah dit: si des produits similaires étaient vendus sur le marché, voici, ils nécessitent [la dîme].
Bartenura on Mishnah Maasrot
העוקר שתלים –[he who uproots/takes out] shoots/young plants after they have sprouted and grown a bit, they uproot them and plant them in another place and they thicken and extend and grow there.
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English Explanation of Mishnah Maasrot
One who uproots saplings from of his own [property] and plants them [elsewhere] within his own [property] is exempt [from tithes]. The person in our section is uprooting saplings in order to plant them in another place on his own property. The mishnah teaches that even if there are fruits on these plants and even if he gathers the plants temporarily in to his courtyard [the place where produce generally becomes liable for tithes], they are still exempt from tithes because his intent was not to harvest the fruit but rather to replant the saplings.
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Bartenura on Mishnah Maasrot
פטור – even though they have seen the presence of the house, because they their work has not yet been completed.
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English Explanation of Mishnah Maasrot
If he bought [saplings] attached to the ground, he is exempt. We have previously learned that when one buys produce, one cannot eat it until it is tithed. Being involved in a financial transaction causes produce to become liable for tithes. However, this is only true when produce is bought. If saplings are bought when they are still attached to the ground, their produce is not liable for tithes. If they had been bought detached from the ground, then one can not eat the produce until it is tithed.
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Bartenura on Mishnah Maasrot
לקח במחובר לקרקע – he who purchases produce/fruit which are attached is exempt [from tithing] for the purchase does not establish [liability for separating] tithes but rather when one purchases that which is detached [from the ground], and not when it is attached.
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English Explanation of Mishnah Maasrot
If he gathered them in order to send them to his fellow, he is exempt. In mishnah 4:2 Rabbi Judah held that if one gathers fruit to send to his friend, the fruit must be tithed before it can be eaten. In our mishnah, we learn that this is only when he gathered produce to send to his friend. When he gathers the saplings and sends them to his friend he is still exempt.
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Bartenura on Mishnah Maasrot
לקט – plants to send to his colleague, he is exempt [from tithing].
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English Explanation of Mishnah Maasrot
Rabbi Elazar ben Azariah said: if similar ones were being sold in the market, behold they are liable [for tithes]. Rabbi Elazar ben Azariah says that if the fruit that is hanging on these saplings is similar to fruit being sold in the market, meaning this fruit has ripened enough so that it could be sold in the market, then one cannot eat from it until it has been tithed.
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Bartenura on Mishnah Maasrot
אם יש כיוצא בהם נמכרים בדוק – they are considered as if their work had been completed, but the Halakha is not according to Rabbi Eleazar ben Azariah.
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