Se un albero si trova all'interno [delle mura di Gerusalemme] e si sporge all'esterno, o si trova all'esterno e si inclina all'interno: da [la parte dell'albero] allineata con il muro e verso l'interno dovrebbe essere considerata all'interno e da [la parte dell'albero] allineato con il muro e verso l'esterno dovrebbe essere considerato all'esterno. Edifici di frantoi le cui aperture sono all'interno del muro ma le cui camere sono all'esterno del muro, o le cui aperture sono all'esterno del muro ma le cui camere sono all'interno del muro: Beit Shammai dice: tutto dovrebbe essere considerato all'interno. Beit Hillel dice: da [la parte degli edifici] allineata con il muro e verso l'interno dovrebbe essere considerata all'interno, e da [la parte degli edifici] allineata con il muro e verso l'esterno dovrebbe essere considerata all'esterno.
Bartenura on Mishnah Maaser Sheni
בפנים – from the wall [towards the inside]
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English Explanation of Mishnah Maaser Sheni
Introduction
Our mishnah deals with structures that lie both in and outside of Jerusalem. If we deem them to be within Jerusalem, then maaser sheni produce may be eaten there, but it may not be redeemed. But if we deem them to be outside of Jerusalem, then maaser sheni produce may be redeemed there but not eaten.
The geographical area of Jerusalem was judged, at least while the Temple still stood, by Jerusalem’s walls.
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Bartenura on Mishnah Maaser Sheni
ונוטה לחץ – towards the wall of Jerusalem
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English Explanation of Mishnah Maaser Sheni
A tree which stood within [Jerusalem] and was bending outwards, or if it stood outside [Jerusalem] and was bending inwards, what is opposite the wall and inwards is deemed as being within, and what is opposite the wall and outwards is deemed as being outside. Quite simply, the parts of the tree that lie within the walls are judged to be within Jerusalem, and the parts that are outside of the walls are considered to be outside of Jerusalem.
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Bartenura on Mishnah Maaser Sheni
מכנגד החומה ולפנים כלפנים – for between the branches of the tree or the root of the tree which is against the wall and inside is considered like it is inside [the wall] and we eat there the Second Tithe and do not redeem it; and between the branches of the tree and the root which is against the wall and outside is considered as outside, and we redeem there the Second Tithe and do not eat it. And this is what is taught in the third chapter of Ma’aserot (Mishnah 10) and in Jerusalem, everything follows after the branches, that is to say, even after the branch.
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English Explanation of Mishnah Maaser Sheni
Olive-presses which have their entrance within and their inner space outside, or which have their entrance outside and their inner space within: Bet Shammai says: the whole is deemed as being within. But Bet Hillel says: what is opposite the wall and inwards is deemed as being within, and what is opposite the wall and outwards is deemed as being outside. When it comes to olive presses, part of which lie in Jerusalem and part outside, Bet Shammai considers them all to lie within Jerusalem. The Tosefta explains that Bet Shammai’s ruling only applies to the stringent aspect of this law. The whole olive press is considered to be lying within Jerusalem, and therefore, maaser sheni cannot be redeemed there. But they agree with Bet Hillel that one can eat maaser sheni only in the parts that actually lie within the walls of Jerusalem. Bet Hillel holds that each part is judged based on where it is. In the part that is within Jerusalem one can eat, but not redeem maaser sheni. In the part outside of Jerusalem, one can redeem but not eat.
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Bartenura on Mishnah Maaser Sheni
בתי הבדים – [in the building containing the tank and all implements for pressing olives] which stores in them oil, and they would regularly make these buildings in the walls of the capital.
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Bartenura on Mishnah Maaser Sheni
שפתחיהן לפנים – [inside] from the walls of Jerusalem and those are outside the walls of Jerusalem
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Bartenura on Mishnah Maaser Sheni
מכנגד החומה ולפנים כלפנים – and we eat there the Second Tithe and the lesser holy things, and we don’t redeem Second Tithe there.
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Bartenura on Mishnah Maaser Sheni
מכנגד החומה ולחוץ כלחוץ – and we do not eat Second Tithe and holy things there, but we redeem Second Tithe there.
