פירוש על מעשרות 3:5

היזו היא חצר שחייבת במעשר – that establishes [liability] for tithing like a house.

Introduction Bringing produce into a house causes it to become liable for tithes. Under certain circumstances, bringing the produce into a courtyard can also make it liable for tithes. In our mishnah five (!) tannaim debate what type of courtyard makes produce liable for tithes. The general principle is clear: if the courtyard is protected it makes the food liable for tithes because it is like a house.

חצר צורית – for in Tzur, they would place a guard at the entrance of the courtyard.

Which courtyard is it which makes [the produce] liable to tithe?
Rabbi Ishmael says: the Tyrian yard for the vessels are protected therein. Both talmudim explain that a guard sits outside of the Tyrian courtyard and protects it. Since this courtyard is protected, food brought into it is liable for tithes the courtyard is like a house.

כל שאחד פותח ואחד נועל – such as, for example in the courtyard, two houses for two people. When one of them opens the entrance to the courtyard, the second comes and locks it. And when one locks, it, the second protests with his hand and opens it. It is found that the courtyard is not guarded.

Rabbi Akiva says: any courtyard which one person may open and another may shut is exempt. If two people share a courtyard, and when one person opens up the courtyard, the other is the one who closes it, then this courtyard is not well protected. Since it is not well-protected, produce that is brought into it is not liable for tithes.

ואין אומרים לו מה אתה מבקש פטורה – and even though he is not embarrassed to eat within it.

Rabbi Nehemiah says: any courtyard in which a man is not ashamed to eat is liable. In mishnaic times it was considered impolite or uncultured to eat in public. If the courtyard into which the produce was brought was closed off enough so that a person would eat in it, then the produce is liable for tithes. But if a person wouldn’t eat there, then the produce is not liable.

והחיצונה פטורה – since there is in the internal section entering one’s ground, it is not guarded, and we hold that the Halakha is according to all of them for stringency.

Rabbi Yose says: any courtyard into which a person may enter and no one says to him, “what are you looking for” is exempt. If no one says anything to a stranger who enters into a courtyard, then it is not protected and produced brought into it is not liable for tithes.

Rabbi Judah says: if there are two courtyards one within the other, the inner one makes liable and the outer one is exempt. In the case of two courtyards, the inner one, the one closer to the house, makes the produce liable to be tithed because it is relatively well-guarded and those from the outer courtyard cannot enter into the inner courtyard. In contrast, the outer courtyard, through which the people who live in the inner courtyard can walk, is less-guarded and food brought into it is not liable for tithes.