Komentarz do Szewiit 5:8
בֵּית שַׁמַּאי אוֹמְרִים, לֹא יִמְכֹּר לוֹ פָרָה חוֹרֶשֶׁת בַּשְּׁבִיעִית. וּבֵית הִלֵּל מַתִּירִין, מִפְּנֵי שֶׁהוּא יָכוֹל לְשָׁחֲטָהּ. מוֹכֵר לוֹ פֵּרוֹת אֲפִלּוּ בִּשְׁעַת הַזֶּרַע, וּמַשְׁאִיל לוֹ סְאָתוֹ אַף עַל פִּי שֶׁהוּא יוֹדֵעַ שֶׁיֶּשׁ לוֹ גֹּרֶן, וּפוֹרֵט לוֹ מָעוֹת אַף עַל פִּי שֶׁהוּא יוֹדֵעַ שֶׁיֶּשׁ לוֹ פּוֹעֲלִים. וְכֻלָּן, בְּפֵרוּשׁ, אֲסוּרִין:
Dom Szammaja mówi, że nie powinno się sprzedawać mu [Żydowi] krowy ornej podczas roku szabatowego. Dom Hillela na to pozwolił, ponieważ mógł go zarżnąć. Można mu sprzedać krowy nawet w czasie sadzenia, a można pożyczyć mu miarę Se'ah , chociaż wie, że ma spichlerz, i dokonać dla niego zmiany, chociaż wiadomo, że ma robotników. I wszystkie te [działania], jeśli [wyraził] wyraźny [zamiar], są zabronione.
Bartenura on Mishnah Sheviit
שהוא יכול לשחטה – and in whatever that we are able to leave in suspense, we do so. But the School of Shammai holds that it is not the practice at all to slaughter a cow that is about to engage in plowing.
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English Explanation of Mishnah Sheviit
Introduction
This mishnah continues to deal with selling things to a person who is suspected of not observing the laws of sheviit, for fear that he may use them inappropriately on sheviit.
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Bartenura on Mishnah Sheviit
אפילו בשעת הזרע – and we don’t say that definitely he purchases it for sowing for he wants that we assign it for eating.
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English Explanation of Mishnah Sheviit
Bet Shammai says: one must not sell him a plowing cow in the seventh year. But Bet Hillel permits, since he may slaughter it. Bet Shammai seems to disagree with the rule that we learned in mishnah six above, that if something can be used for both a prohibited and a permitted purpose, one can sell that thing to a person suspected of transgressing the laws of sheviit. A cow that is generally used for plowing is the example that the Mishnah uses. According to Bet Shammai, one cannot sell such a cow to a person suspected of transgressing sheviit. Bet Hillel, on the other hand, holds that this is permitted because it is possible that the person bought the cow in order to slaughter it. Bet Hillel gives the person the benefit of the doubt, whereas Bet Shammai does not.
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Bartenura on Mishnah Sheviit
שיש לו גורן – and we are not concerned lest he measures it to bring into the store house, for one can designate it for grinding it that he measures it.
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English Explanation of Mishnah Sheviit
One may sell him produce even at sowing time. One may sell produce to a person suspected of transgressing sheviit even at the season when a person sows seed. We do not suspect that he is buying the produce in order to use its seed rather we assume that he is buying it in order to eat it.
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Bartenura on Mishnah Sheviit
ופורט לו מעות – he exchanges money with pennies.
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English Explanation of Mishnah Sheviit
And one may lend him a seah measure, even though he knows that he has a threshing-floor. It is permitted to lend this person a utensil which measures a seah and we don’t suspect that he will use it to measure wheat in order to sell it. Rather we assume that he might need to measure it in order to know how much he needs to grind.
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Bartenura on Mishnah Sheviit
אע"פ שהוא יודע שיש לו פועלים – and it is found that he is assisting in transgressing [working the fields on the Sabbatical Year] , that we say lest for the rest of his needs he requires it.
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English Explanation of Mishnah Sheviit
One may exchange coins for him, even though he knows that he has workers. If this person asks to make change, one may exchange coins with him even if he suspects that the person may use the coins to pay workers to do work prohibited on the sabbatical year. Again, we give the person the benefit of the doubt and assume that he may need the coins for some permitted purpose.
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Bartenura on Mishnah Sheviit
וכולם – if they explained that for a forbidden matter he wants them, it is forbidden.
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English Explanation of Mishnah Sheviit
But all these things, if he expresses [that they will be used for unlawful purposes], then they are forbidden. If the person borrowing or buying these things expresses that he is intending to use them for a prohibited purpose, then it is clear that one may not sell or loan to him, or do any of the activities mentioned in the above mishnayot. We obviously cannot give him the benefit of the doubt if he says that he is going to use them for a prohibited activity.
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