Comentário sobre Sheviit 10:7
כַּוֶּרֶת דְּבוֹרִים, רַבִּי אֱלִיעֶזֶר אוֹמֵר, הֲרֵי הִיא כְקַרְקַע, וְכוֹתְבִין עָלֶיהָ פְּרוֹזְבּוּל, וְאֵינָהּ מְקַבֶּלֶת טֻמְאָה בִּמְקוֹמָהּ, וְהָרוֹדֶה מִמֶּנָּה בְּשַׁבָּת חַיָּב. וַחֲכָמִים אוֹמְרִים, אֵינָהּ כְּקַרְקַע, וְאֵין כּוֹתְבִין עָלֶיהָ פְּרוֹזְבּוּל, וּמְקַבֶּלֶת טֻמְאָה בִּמְקוֹמָהּ, וְהָרוֹדֶה מִמֶּנָּה בְּשַׁבָּת, פָּטוּר:
Uma colméia, diz o rabino Eliezer, é como terra, e pode-se escrever um Pruzbul sobre ela, e não contrai a impureza em seu lugar, e quem se destaca dela no Shabat é responsável. Os rabinos dizem que não é como a terra e não se pode escrever um Pruzbul sobre ela, e contrai a impureza em seu lugar, e quem se destaca [mel] dela no Shabat é isento.
Bartenura on Mishnah Sheviit
כוורת דבורים וכו' – when it (i.e., the beehive) is attached with plaster, everyone admits that it is like land/real estate for all things, but if it was placed upon pegs, everyone admits that it is like utensils and is not like land/real estate; they did not dispute other than when it was lying on the ground and not attached with plaster.
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English Explanation of Mishnah Sheviit
Introduction
In this mishnah the rabbis and Rabbi Eliezer debate whether a beehive, resting on the ground, is considered to have the status of land. As we shall see, there are halakhic consequences to it either being considered land or not.
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Bartenura on Mishnah Sheviit
ר"א אומר הרי היא כקרקע – and like land/real estate, it is acquired with money, a document and a claim of undisturbed possession during a legally fixed period.
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English Explanation of Mishnah Sheviit
A bee-hive:
Rabbi Eliezer says: Behold, it is like land and a prozbul may be written [using it as security] and it is not susceptible to uncleanness while it remains in its place, and one who takes honey from it on Shabbat is liable. According to Rabbi Eliezer, the beehive has the status of land. The mishnah lists three consequences to this determination. 1) If the debtor owns a beehive, a prozbul may be written using just the beehive as security, even though he owns no actual land. This is a topic that we covered in yesterday’s mishnah. 2) Land and anything that is considered attached to it (such as plants or houses) is not susceptible to impurity. Thus, according to Rabbi Eliezer, the beehive cannot become impure. However, this is only true while it remains in its place. If the beehive was picked up and moved elsewhere, it can become susceptible to impurity. 3) One who plucks something from the land is liable for a Shabbat transgression. Hence, according to Rabbi Eliezer, one who removes honey from a beehive on Shabbat is liable.
Rabbi Eliezer says: Behold, it is like land and a prozbul may be written [using it as security] and it is not susceptible to uncleanness while it remains in its place, and one who takes honey from it on Shabbat is liable. According to Rabbi Eliezer, the beehive has the status of land. The mishnah lists three consequences to this determination. 1) If the debtor owns a beehive, a prozbul may be written using just the beehive as security, even though he owns no actual land. This is a topic that we covered in yesterday’s mishnah. 2) Land and anything that is considered attached to it (such as plants or houses) is not susceptible to impurity. Thus, according to Rabbi Eliezer, the beehive cannot become impure. However, this is only true while it remains in its place. If the beehive was picked up and moved elsewhere, it can become susceptible to impurity. 3) One who plucks something from the land is liable for a Shabbat transgression. Hence, according to Rabbi Eliezer, one who removes honey from a beehive on Shabbat is liable.
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Bartenura on Mishnah Sheviit
וכותבין עליה פרוזבו – if the debtor/borrower has a beehive, it is like he had land/real estate.
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English Explanation of Mishnah Sheviit
But the sages say: it is not like land, a prozbul may not be written [using it as security], it is susceptible to uncleanness while in its place, and one who takes honey from it on Shabbat is exempt. The rabbis do not consider the beehive to be “land” and therefore, in all three of these halakhot, they rule opposite of Rabbi Eliezer.
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Bartenura on Mishnah Sheviit
ואינה מקבלת טומאה – in the manner that real estate is attached and is not susceptible to ritual uncleanness.
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Bartenura on Mishnah Sheviit
והרודה – from the honeycombs that are within it on Shabbat, he is liable for a sin-offering like someone who tears off something from the place where it is attached, as it is written (I Samuel 14:27): “And he (i.e., Jonathan) dipped it into the beehive of honey [and brought his hand back to his mouth and his eyes lit up],” bu what connection has he forest with the honey, but rather, just as the forest, he who plucks/detaches from it on the Sabbath is liable for a sin-offering, even honey that one removes [from the beehive] on the Sabbath is liable for a sin-offering. But the Halakha is not according to Rabbi Eliezer.
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