Commento su Ma'aserot 3:6
הַגַּגּוֹת פְּטוּרִין, אַף עַל פִּי שֶׁהֵם שֶׁל חָצֵר הַחַיָּבֶת. בֵּית שַׁעַר, אַכְסַדְרָה וּמִרְפֶּסֶת, הֲרֵי אֵלּוּ כֶּחָצֵר, אִם חַיֶּבֶת, חַיָּבִין, וְאִם פְּטוּרָה, פְּטוּרִים:
I tetti rendono [produce] esenti, anche se appartengono a un cortile che rende [produce] [decima]. Un portone, un portico o un balcone, questi sono come il cortile [al quale sono collegati]; se [il cortile fa produrre] richiedono [decime], lo fanno richiedere e se lo rende esente lo fanno.
Bartenura on Mishnah Maasrot
אע"פ שהן של חצר חייבת – and the brings up the fruit/produce to the roof through the courtyard, even though it doesn’t make it obligatory for the setting aside of tithes, since for at the time that he brought them into the courtyard, it was his intention to raise them and to eat the on the roof. And these words apply when there is a on the roof four cubits by four cubits, but if there isn’t four cubits by four cubits on the roof, it is nullified regarding the courtyard.
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English Explanation of Mishnah Maasrot
Introduction
Our mishnah deals with other architectural structures and with whether they, like some courtyards, cause produce to become liable for tithes.
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Bartenura on Mishnah Maasrot
בית שער – near the entrance to the courtyard.
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English Explanation of Mishnah Maasrot
Roofs do not render [produce] liable, even though they belong to a courtyard which renders it liable. Bringing produce onto a roof does not make it liable for tithes, even if the roof is adjacent to a courtyard that does make the produce liable. While the courtyard does offer protection to the produce, the roof does not and therefore the produce is not liable.
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Bartenura on Mishnah Maasrot
אכסדרה – surrounded by three partitions and from a beam above.
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English Explanation of Mishnah Maasrot
A gate house, portico, or balcony, are like the courtyard [to which it belongs]; if [the courtyard] makes the [produce] liable [for tithes] so do they, and if it does not, they do not. The three structures mentioned here take on the status of the courtyard to which they are attached. The “gate house” is a little house in which a guard would sit to watch over the courtyard. The “portico” is a roofed colonnade, but without closed walls. The “balcony” juts out from the second story of the house. If the courtyard offers protection to the produce, then these structures do as well and the produce brought into them will be liable for tithes.
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Bartenura on Mishnah Maasrot
מרפסת – a place in front of the upper chambers, and they go out from the upper chambers to the balcony and from the balcony they descend by ladder to the courtyard.
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