Comentário sobre Maasserot 2:2
הָיוּ יוֹשְׁבִין בַּשַּׁעַר אוֹ בַחֲנוּת, וְאָמַר, טְלוּ לָכֶם תְּאֵנִים, אוֹכְלִין וּפְטוּרִין, וּבַעַל הַשַּׁעַר וּבַעַל הַחֲנוּת חַיָּבִין. רַבִּי יְהוּדָה פּוֹטֵר, עַד שֶׁיַּחֲזִיר אֶת פָּנָיו, אוֹ עַד שֶׁיְּשַׁנֶּה מְקוֹם יְשִׁיבָתוֹ:
Se eles estavam sentados no portão ou em uma loja e alguém dissesse: "Pegue por si mesmo [dos meus] figos", eles podem comer e ser isentos. Mas o dono do portão ou o dono da loja seria necessário. O rabino Yehudah o isenta, a menos que ele esconda o rosto ou a menos que ele mude de lugar em que está sentado.
Bartenura on Mishnah Maasrot
ואמר טלו לכם תאנים – the owner of the gate or the owner of the store said so (to take figs for themselves).
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English Explanation of Mishnah Maasrot
Introduction
Our mishnah continues to deal with people who receive figs from passersby (I’d like to receive figs from passersby, but I guess people aren’t as nice as they used to be) and with the question of whether they can eat the figs before they tithe them.
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Bartenura on Mishnah Maasrot
ובעל השער ובעל החנות חייבין – for the house of a person makes obligatory the setting aside of tithes and not to others.
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English Explanation of Mishnah Maasrot
If they were sitting at the gate or a shop, and one said [to them], “Take for yourselves figs,” they may eat and be exempt from tithes, but the owner of the gate, or the owner of the shop, is liable [to give tithe]. Except for the owners, the people sitting at the gate or inside the shop can eat the figs without tithing them because the gate and the shop don’t belong to them. When we learned that once food is brought into one’s home it cannot be eaten before it is tithed, that meant one’s own home. Since these people didn’t own the gate or the shop, the figs are not liable for tithes for them. However, the owners of the gate and the shop have had the tithes brought into their homes (or at least a building owned by them), and therefore they can’t eat until they tithe.
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Bartenura on Mishnah Maasrot
ורבי יהודה פוטר – because a person is embarrassed to eat at the gate or in the store, but the courtyard establishes [liability] for tithing, for a person is not embarrassed to eat in it.
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English Explanation of Mishnah Maasrot
Rabbi Judah exempts him unless he turns his face or changes the place where he was sitting [and selling]. Rabbi Judah holds that a gate and a shop do not make food liable for tithes because it wasn’t considered decent to eat in such places. People would be embarrassed to eat there because people generally didn’t eat in public places. So if he nevertheless eats in one of those places, he need not tithe before he eats. However, if he turns around so that they don’t see him eating, or he moves to another place within the gate or shop where he won’t be embarrassed to eat, then he must tithe before he eats the figs.
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Bartenura on Mishnah Maasrot
עד שיחזיר פניו – in the place where he sits and sells, he is embarrassed to eat without turning his face, but in a place that he doesn’t sit and sell, he is not embarrassed [to eat] and we hold that a place where he is embarrassed, he is exempt [from tithing] and a place where he is not embarrassed, he is obligated [to tithe] but the Halakha is not according to Rabbi Yehuda.
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