Комментарий к Маасро́т 5:6
הַמְתַמֵּד וְנָתַן מַיִם בַּמִּדָּה וּמָצָא כְדֵי מִדָּתוֹ, פָּטוּר. רַבִּי יְהוּדָה מְחַיֵּב. מָצָא יוֹתֵר עַל כְּדֵי מִדָּתוֹ, מוֹצִיא עָלָיו מִמָּקוֹם אַחֵר לְפִי חֶשְׁבּוֹן:
Тот, кто делает вино из виноградной шкуры, и он подливает воду по мере, и он обнаружил [впоследствии, что вино] является той же мерой, он освобожден [от десятины]. Раввин Иегуда требует [десятины]. Если он нашел больше меры, он должен дать [десятину] для нее из другого места, согласно расчету.
Bartenura on Mishnah Maasrot
המתמד – if he places water on the exterior shells and on the interior pomace or on the lees/sediment, it is called מתמד/making pomace wine putting water on by measure, and finds – after pressing - the same quantity. But here we are speaking with place waters specifically on the lees/sediment.
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English Explanation of Mishnah Maasrot
Introduction
“Temed” is a drink made from the grape-skins that have already been pressed to make wine. They would pour water over the grape-skins and they would give some taste to the water. Our mishnah deals with giving tithe from “temed.” These grape-skins would not have been tithed for because the tithe was taken from the wine, after the grape-skins had already been cast aside.
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Bartenura on Mishnah Maasrot
ומצא כדי מדתו – not exactly the same measure, for even if he placed three jugs of water and found three-and-one-half [jugs], he is exempt [from tithing]. For the taste of the lees/sediment of eatables forbidden prior to the setting aside of priestly gifts is not considered a complete taste but rather merely an acrid taste.
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English Explanation of Mishnah Maasrot
One who makes grape-skin wine, and he put water on by measure, and he finds [afterwards] the same quantity, he is exempt from tithe. If after he pours the water onto the grape-skins and then filters them out he finds that the volume of the temed is the same as the volume of the water he added, then the grape-skins have added color and taste but no volume. Therefore, according to the first opinion he is exempt from tithing the temed.
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English Explanation of Mishnah Maasrot
Rabbi Judah makes him liable. Rabbi Judah holds that the added taste does make him liable to give tithes from the temed.
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Bartenura on Mishnah Maasrot
רבי יהודה מחייב – for he holds that it is impossible that all of the water would depart outside, but rather, half-a-jug of water would remain within the lees/sediment, and it would be found that these three-and-one-half jugs that left, they have within them one jug of wine and two-and-one-half of water, and they would be like mixed wine, for it is the manner of mixing wine. But the Halakha is not according to Rabbi Yehuda.
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English Explanation of Mishnah Maasrot
If he found more than the measure, he must give [tithe] for it from another place, in proportion. If he finds that the grape-pulp did lead to increased volume, then he must give tithes. The mishnah recommends that he give tithes from other untithed produce. When he does so, he gives it according to the proportion of the increase that the grape-pulp caused in the water. For instance, if he found a one liter increase, he must separate tithes for one liter of grapes. He would end up giving 100 ml of tithe from other wine. However, if he gives from the temed itself, he must separate for all of the temed in order to tithe for all of the wine in the temed. Thus if there was 10 liters of water which increased to 11 liters, he would have to give 1.1 liters of the temed as tithe, in order to account for 10 per cent of the wine in the temed.
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Bartenura on Mishnah Maasrot
מצא יותר מכדי מדתו – and this is removing three and finding four.
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Bartenura on Mishnah Maasrot
מוציא עליו ממקום אחר – even from another place, meaning to say, that there is no question from this and requiring it – that is permitted, but rather, even from another place, one is able to tithe according to the percentage of the surplus of the measure.
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