פירוש על מעילה 3:7
Bartenura on Mishnah Meilah
שרשי אילן של הדיוט באין בשל הקדש (the roots of a privately owned tree that come into consecrated ground) – they do not benefit nor do the laws of sacrilege apply, for we follow after the tree, and this refers to the tree of a private person. But these words, when there is nothing between the tree of a private person and the sanctified property other than sixteen cubits or less. But if there is between them more than sixteen cubits, the laws of sacrilege apply with the roots that are growing in the sanctified field, for it no longer follows after the tree.
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English Explanation of Mishnah Meilah
If the roots of a privately owned tree spread onto dedicated ground, or those of a tree in dedicated ground spread onto private ground, they may not be used, but the law of sacrilege does not apply to them.
The water of a spring which comes out of a dedicated field may not be used, but the law of sacrilege does not apply to it When it has left the field it may be used.
The water in the golden jar may not be used, but the law of sacrilege does not apply to it.
When it has been poured into the flask, it is subject to the law of sacrilege.
The willow branch may not be used, but is not subject to the law of sacrilege. Rabbi Elazar son of Rabbi Zadok says: the elders used to put it with their palm tree branches.
Section one: In this case, either the tree grows on privately owned, non-sacred ground but its roots spread out onto dedicated ground, or the opposite. Since part of the tree is on sacred ground, it is forbidden to benefit from any of the tree. However, since the entire tree is not on sacred ground, it is not subject to the law of sacrilege.
Section two: This refers to a case where a person dedicated his field to the Temple, but he did not dedicate the spring. While the spring is on the field, the water may not be used because it is on dedicated ground. However, since he didn’t dedicate the spring itself, the water is not subject to the law of sacrilege. Once the water has left the field, it can be used. This is different from the case of the tree because all parts of a tree are interconnected. When its roots leave the sacred ground they are not disconnected from that ground, unlike water which is.
Section three: This section refers to the water used for the water libation on Sukkot (see Sukkah 4:9-10). The day before Shabbat, they would fill a golden jar with water drawn from the Shiloah spring in Jerusalem, so that the next day they could pour it onto the altar without having to carry from the Shiloah to the Temple. When in this jar, the water cannot be used for other purposes, but it has not yet been sanctified so it is not subject to the law of sacrilege. The golden flask was used on most days to directly draw water from the Shiloah, and on Shabbat they would pour from the golden jar into the golden flask. The flask serves to sanctify the water and therefore once in this flask it is subject to the law of sacrilege.
Section four: On Sukkot there was a custom to place willows on the side of the altar (see Sukkah 4:5). That willow cannot be used for other purposes, but it is not subject to the law of sacrilege, because it is not sanctified. Rabbi Elazar son of Rabbi Zadok notes that before putting it next to the altar, the elders used to put it with their palm branches (the lulav). This is not considered illicit use, because when one performs a mitzvah with an object, it is not considered that he has “derived benefit” from the object.
The water of a spring which comes out of a dedicated field may not be used, but the law of sacrilege does not apply to it When it has left the field it may be used.
The water in the golden jar may not be used, but the law of sacrilege does not apply to it.
When it has been poured into the flask, it is subject to the law of sacrilege.
The willow branch may not be used, but is not subject to the law of sacrilege. Rabbi Elazar son of Rabbi Zadok says: the elders used to put it with their palm tree branches.
Section one: In this case, either the tree grows on privately owned, non-sacred ground but its roots spread out onto dedicated ground, or the opposite. Since part of the tree is on sacred ground, it is forbidden to benefit from any of the tree. However, since the entire tree is not on sacred ground, it is not subject to the law of sacrilege.
Section two: This refers to a case where a person dedicated his field to the Temple, but he did not dedicate the spring. While the spring is on the field, the water may not be used because it is on dedicated ground. However, since he didn’t dedicate the spring itself, the water is not subject to the law of sacrilege. Once the water has left the field, it can be used. This is different from the case of the tree because all parts of a tree are interconnected. When its roots leave the sacred ground they are not disconnected from that ground, unlike water which is.
Section three: This section refers to the water used for the water libation on Sukkot (see Sukkah 4:9-10). The day before Shabbat, they would fill a golden jar with water drawn from the Shiloah spring in Jerusalem, so that the next day they could pour it onto the altar without having to carry from the Shiloah to the Temple. When in this jar, the water cannot be used for other purposes, but it has not yet been sanctified so it is not subject to the law of sacrilege. The golden flask was used on most days to directly draw water from the Shiloah, and on Shabbat they would pour from the golden jar into the golden flask. The flask serves to sanctify the water and therefore once in this flask it is subject to the law of sacrilege.
Section four: On Sukkot there was a custom to place willows on the side of the altar (see Sukkah 4:5). That willow cannot be used for other purposes, but it is not subject to the law of sacrilege, because it is not sanctified. Rabbi Elazar son of Rabbi Zadok notes that before putting it next to the altar, the elders used to put it with their palm branches (the lulav). This is not considered illicit use, because when one performs a mitzvah with an object, it is not considered that he has “derived benefit” from the object.
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Bartenura on Mishnah Meilah
ושל הקדש באין בשל הדיוט לא נהנין ולא מועלין – (see the Talmud, Tractate Bava Batra 26b) as for example that there is between a consecrated tree and the ground of a private person more than sixteen cubits, that the roots that are growing are of the private person and they don’t follow after the consecrated tee since they are distanced from it by so much, therefore, the laws of sacrilege do not apply, But if there isn’t between them sixteen cubits or less, the laws of sacrilege apply.
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Bartenura on Mishnah Meilah
מעין שהוא יוצא מתוך שדה הקדש – My Rabbis/Teachers explained for me, as for example, that a well that is unconsecrated flows/gushes forth in a privately owned field, but it continues and goes out and passes through a consecrated field. We don’t derive benefit from it within the consecrated field. But the laws of sacrilege do not apply, because it is through a private [field] that it gushes forth.
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Bartenura on Mishnah Meilah
יצאו – the water that is in this well that flows/gushes forth from the field of a private individual and passes in a consecrated field and leaves from the consecrated field, we derive benefit from it ab initio.
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Bartenura on Mishnah Meilah
המים שבכד של זהב – this is concerning the libation of water in the seven days of the Festival [of Sukkot] as is taught in the Mishnah (in Tractate Sukkah, Chapter 4, Mishnah 10): “As the rite concerning it [is performed] on a weekday, so the rite concerning it [is performed] on the Sabbath. But on the Eve of the Sabbath one would fill with water from the Shiloah a gold jug which was not sanctified [and he would leave it in a chamber (in the Temple)],” but from those waters, they would not derive benefit nor would the laws of religious sacrilege be applicable, for they were not sanctified for the water libation for religious sacrilege until they were placed in a golden flask, which is a sanctified utensil.
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Bartenura on Mishnah Meilah
ערבה – that they would lean them upright near the altar (literally, at the sides of the altar), as it is taught in the Mishnah in the Chapter “The Lulav and the Willow” (Chapter 4, Mishnah 5).
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Bartenura on Mishnah Meilah
נותנים היו ממנו בלולב – at the outside before they would lean it. For even though they did not gather it other than in order to lean it on the altar.
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