Commento su Shevi'it 7:3
קְלִפֵּי רִמּוֹן וְהַנֵּץ שֶׁלּוֹ, קְלִפֵּי אֱגוֹזִים וְהַגַּלְעִינִין, יֵשׁ לָהֶם שְׁבִיעִית וְלִדְמֵיהֶן שְׁבִיעִית. הַצַּבָּע, צוֹבֵעַ לְעַצְמוֹ, וְלֹא יִצְבַּע בְּשָׂכָר, שֶׁאֵין עוֹשִׂין סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית, וְלֹא בִבְכוֹרוֹת, וְלֹא בִתְרוּמוֹת, וְלֹא בִנְבֵלוֹת, וְלֹא בִטְרֵפוֹת, וְלֹא בִשְׁקָצִים, וְלֹא בִרְמָשִׂים. וְלֹא יִהְיֶה לוֹקֵחַ יַרְקוֹת שָׂדֶה וּמוֹכֵר בַּשּׁוּק, אֲבָל הוּא לוֹקֵט וּבְנוֹ מוֹכֵר עַל יָדוֹ. לָקַח לְעַצְמוֹ וְהוֹתִיר, מֻתָּר לְמָכְרָן:
Le bucce dei melograni e dei loro fiori, le bucce delle noci e le fosse dei [frutti], [le leggi dell'anno] si applicano a loro e [le leggi dell'anno] si applicano ai loro soldi [scambiati per loro]. Il tintore può tingere per sé, ma non può tingere per pagamento, poiché non si può fare affari con i frutti dell'anno sabbatico, e non con gli animali primogeniti, e non con Terumah [prodotti consacrati per il consumo sacerdotale], e non con Neveilot [animali abbattuti impropriamente di specie consentite], e non con Tereifot [animali con una condizione mortale tale da morire entro un anno], e non con Shekatzim U'Remasim [creature striscianti]. E potrebbe non prendere i prodotti del campo e venderli sul mercato, ma potrebbe ritirarli e suo figlio potrebbe venderli per lui. Se ha preso per se stesso e se ne è andato, potrebbe venderli.
Bartenura on Mishnah Sheviit
והנץ שלו – the flower/blossom that is on the upper portion a frui/protuberance on the blossom-end of fruits (having the appearance of a pestle seated in a mortar).
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English Explanation of Mishnah Sheviit
Introduction
Most of this mishnah deals with the prohibition of selling sabbatical year produce. Sabbatical year produce is supposed to be left ownerless in the field so that anyone who wants to can come and collect. One should not engage in business with this produce. However, under certain circumstances it can be sold.
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Bartenura on Mishnah Sheviit
וקליפי אגוזים – all of these are one dyes with them.
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English Explanation of Mishnah Sheviit
The peels and the blossom of the pomegranate, the nutshells, and fruit seeds the laws of sabbatical produce apply to them and to their money substitutes. Even though all of these parts of the fruits or nuts are not generally eaten, they are still considered to be part of the fruit and the laws of sabbatical produce still apply to them.
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Bartenura on Mishnah Sheviit
והגלעינים (stone/kernel of a fruit) – stone/kernel of fruit, as for example, the stones that are in olives that we remove oil from them. And the stones of dates that are appropriate for food for cattle.
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English Explanation of Mishnah Sheviit
The dyer may use them for himself, but he may not dye with them for a wage, since one may not engage in business with seventh year produce, or with first-born animals, or with terumah, or with nevelah, or with trefah, or with reptiles or with creeping things. The mishnah uses the details in the previous section as an introduction to the subject of what one can do with sabbatical year produce. A dyer can use the peels of fruit (commonly used in the making of dye) to make dyes for his own personal use. However, he may not use them to make money. There are other items that cannot be used to engage in business, meaning a person cannot sell them to earn a wage, although he may be able to sell them occasionally, on an ad-hoc basis. First-born animals: given to a priest. The person to whom a first-born animal is born cannot first use it to make money and then later on give it to a priest. Terumah: this also must be given to a priest, and he cannot use it to engage in business. Nevelah an animal that died on its own. Terefah an animal killed not in a kosher manner. Reptiles and creepy-crawly thing: animals that are not kosher. With regard to all three of these things, the rabbis forbade one from engaging in business with them, lest an Israelite come to eat them.
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Bartenura on Mishnah Sheviit
צובע לעצמו – as it is written (Leviticus 25:6): “[But you may eat whatever the land during its sabbath will produce -] you, [your male and female slaves, the hired and bound laborers who live with you),” for all of your needs.
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English Explanation of Mishnah Sheviit
One should not buy field-vegetables and sell them in the market. One should not buy vegetables that have grown on their own (the Mishnah calls these “field vegetable”) and sell them. The same holds true with regard to collecting vegetables that grow on their own. One may not collect them and then bring them to market in order to sell them.
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Bartenura on Mishnah Sheviit
שאין עושים סחורה בפירות שביעית – and dyeing for pay is business.
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English Explanation of Mishnah Sheviit
But he may gather them and have his son sell them on his behalf. However, there is a rather large leniency in this halakhah. A person can gather produce from the field and then give it to his son to sell in the market, on his behalf. According to the rabbis, this doesn’t look like engaging in business, rather it still looks as if he gathered the produce for personal use.
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Bartenura on Mishnah Sheviit
לא בבכורות ולא בתרומה – perhaps they will be detained with him and they will come to be a snare to him. And exactly with a first born living animal, they decreed this but if it is slaughtered, it is permitted t sell it, even according to the Rabbis, as long as they don’t sell it in a bazaa/a number of booths put up for a mercantile fair.
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English Explanation of Mishnah Sheviit
If he gathered them for his own use, and some remains over, he may sell them. Finally, if he gathered for personal use but unintentionally gathered too much, he may sell the remainder in the market. As long as his intention was only to collect for personal use, this is not considered to be a case of “trading” in sabbatical year produce.
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Bartenura on Mishnah Sheviit
ולט בנבלות ואל בטרפות – for after the All-Merciful wrote that “they are unclean for you,” (Leviticus 11:27), why does it have to state further, “and they will be impure for you,” (Leviticus 11:35) but rather one is for the prohibition of eating and the other is for the prohibition of benefitting from it. But if you say – that the donkey, the camel, the horse and the mule, these are different for they are gown for their work and they are not forbidden to do business, but rather, with something that stands to be eating. And any thing that is forbidden from the Torah is prohibited to conduct business with, but a thing that from their words (i.e., the Sages) it was made forbidden, it is not forbidden to conduct business with it, but rather, wine of gentiles of which it is not known that it has been dedicated to an idol, that was made forbidden according to their words (I.e., of the Sages), it is forbidden to conduct business with it.
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Bartenura on Mishnah Sheviit
ולא יהא לוקח – meaning to say, to gather and sell in the market as it appears like business, but when his son sells it by his hand, meaning, for him, even though he gathered them to sell them, it does not look like business.
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Bartenura on Mishnah Sheviit
לקח לעצמו – gathered it for himself to eat and there was leftover, it is permitted to sell them, even he himself.
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