Comentário sobre Machshirin 6:1
הַמַּעֲלֶה פֵרוֹתָיו לַגַּג מִפְּנֵי הַכְּנִימָה, וְיָרַד עֲלֵיהֶם טַל, אֵינָם בְּכִי יֻתַּן. אִם נִתְכַּוֵּן לְכָךְ, הֲרֵי זֶה בְכִי יֻתַּן. הֶעֱלָן חֵרֵשׁ, שׁוֹטֶה וְקָטָן, אַף עַל פִּי שֶׁחִשַּׁב שֶׁיֵּרֵד עֲלֵיהֶן הַטַּל, אֵינָן בְּכִי יֻתַּן, שֶׁיֶּשׁ לָהֶן מַעֲשֶׂה וְאֵין לָהֶן מַחֲשָׁבָה:
[Se] alguém leva seus frutos ao telhado por causa dos vermes, e o orvalho cai sobre eles que não alcançam BeKhi Yutan . Se ele pretendia que isso [acontecesse], alcançaria BeKhi Yutan . [Se] um surdo-mudo, [ou] um imbecil ou um menor os pegou, eles [o fruto] não alcançam BeKhi Yutan, mesmo que ele esperasse que o orvalho caísse sobre eles, porque eles podem agir, mas não têm intenção .
Bartenura on Mishnah Makhshirin
המעלה פרותיו לגג מפני הכנימה (he brought his produce onto the roof because of vermin) – worms that grow in the produce. It is the language of (Exodus 8:13): “and vermin came upon [man and beast].”
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English Explanation of Mishnah Makhshirin
One who carries his produce up to the roof because of maggots, and dew came down upon it, it does not come under the law of ‘if water be put’; But if he intended for this to happen, it does come under the law of ‘if water be put’. This person carries his produce up to the roof because he hopes that the maggots that got into his produce will go out there. He doesn't intend for the produce to become wet. Therefore, the dew that comes down on it does cause it to be susceptible to impurity. However, if he intentionally brings it up to the roof so that it will get wet, it does cause susceptibility.
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Bartenura on Mishnah Makhshirin
אם נתכוין לכך – that he intended that dew should fall upon them.
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English Explanation of Mishnah Makhshirin
If a deaf-mute, or a person not of sound senses, or a minor carried it up, although he expected that dew should come down upon it, it does not come under the law of ‘if water be put’, because with these the act alone counts, but not the intention. This section is one of the clearest statements with regard to intent found in the entire Mishnah. These three categories of people are understood as not having the mental awareness sufficient for their action to have intent (we have seen this many times throughout the Mishnah). Therefore, we judge their actions by themselves, without resort to assumptions of intent. Since bringing produce up to the roof is not sufficient for it to become susceptible to impurity, the produce remain unsusceptible.
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Bartenura on Mishnah Makhshirin
שיש להן מעשה – as for example, if they would pour upon them dew intentionally, they would render it fit [to receive ritual defilement].
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