Комментарий к Маасер шени 5:5
וּבַשְּׁבִיעִית, פּוֹדֵהוּ בְשָׁוְיוֹ. וְאִם הָיָה הַכֹּל מֻפְקָר, אֵין לוֹ אֶלָּא שְׂכַר לְקִיטָה. הַפּוֹדֶה נֶטַע רְבָעִי שֶׁלּוֹ, מוֹסִיף עָלָיו חֲמִשִּׁיתוֹ, בֵּין שֶׁהוּא שֶׁלּוֹ וּבֵין שֶׁנִּתַּן לוֹ בְּמַתָּנָה:
Но в субботний год он должен выкупить его за его ценность. И если все это сделал Хефкер [бесхозное имущество], он может только собрать стоимость урожая. Тот, кто выкупает свой Neta Revai, добавляет пятую часть его стоимости, независимо от того, была ли она его собственностью или подарена ему.
Bartenura on Mishnah Maaser Sheni
ובשביעית – for there is no salary for guarding or for working the ground, he redeems it according to its value.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Maaser Sheni
Introduction
During the sabbatical year, it is forbidden to work the land. Therefore, there is no cost in growing the produce, and one who redeems it cannot reduce this cost.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Maaser Sheni
אם היה הכל מופקר – if the owners made their fourth-year fruits from a young tree ownerless, the person who takes possession of them does not deduct anything other than the salary of harvesting, and he brings the fruits up to Jerusalem or redeems them and brings up their monetary equivalent [in cash]. But we don’t say that from when it became ownerless, he took possession and the law of the fourth year doesn’t apply with it. And on the seventh year, he does not deduct the salary of harvesting, for each person harvests for himself.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Maaser Sheni
But in the seventh year he must redeem it for its full value. As was explained in the introduction, since one cannot work the land during the sabbatical year, when redeeming it there are no costs to reduce from the produce. It must, therefore, be redeemed for full market value.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Maaser Sheni
מוסיף עליו חומש – The anonymous Mishnah is according to the School of Hillel, which derives [through an analogy of] "קדש" "קדש" (as seen in Mishnah 3 of this chapter) from [Second] Tithe.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Maaser Sheni
If [in other years] it had all been made ownerless property, the person [who redeems it] can only claim the cost of picking it. If in other years during the sabbatical cycle, one makes his field ownerless, and then someone comes and picks the produce, the one who redeems the maaser sheni can only claim the costs involved in picking it. These will be quite minimal, just what one would pay to have someone pick his produce.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Maaser Sheni
בין שניתן לו במתנה – while it is in the budding stage, for if it were after its ripening, the School of Hillel would hold that it is the money of “on-high” (i.e., God’s) like [Second] Tithe and you are not able to give it as a gift.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Maaser Sheni
One who redeems his own plant in its fourth year, he must add a fifth of its value, whether the fruit was his own or was given him as a gift. This follows the opinion of Bet Hillel from mishnah three, who holds that the same rules that govern maaser sheni govern fourth year produce, and it is the same rule we saw in 4:3 with regard to maaser sheni.
Ask RabbiBookmarkShareCopy