Комментарий к Орла́ 1:2
עֵת שֶׁבָּאוּ אֲבוֹתֵינוּ לָאָרֶץ, מָצְאוּ נָטוּעַ, פָּטוּר. נָטְעוּ, אַף עַל פִּי שֶׁלֹּא כִבְּשׁוּ, חַיָּב. הַנּוֹטֵעַ לָרַבִּים, חַיָּב. רַבִּי יְהוּדָה פּוֹטֵר. הַנּוֹטֵעַ בִּרְשׁוּת הָרַבִּים, וְהַנָּכְרִי שֶׁנָּטַע, וְהַגַּזְלָן שֶׁנָּטַע, וְהַנּוֹטֵעַ בִּסְפִינָה, וְהָעוֹלֶה מֵאֵלָיו, חַיָּב בָּעָרְלָה:
В то время, когда наши предки пришли в Землю [Израиля], и [они] нашли [дерево], уже посаженное, оно было освобождено [от законов Орла ]. Если они посадили [фруктовое дерево], хотя [Земля] еще не была завоевана, это было предметом. Если кто-то посадил [дерево] для общественного пользования, то это тема. Раввин Иегуда исключает это. Если кто-то посадил [дерево] в государственную собственность, или если нееврей посадил [дерево], или если вор посадил [дерево на имущество, которое не было его], или если один посадил на лодку, или если он рос сам по себе, он подчиняется Орле .
Bartenura on Mishnah Orlah
ומצאו נטוע – he is exempt [from Orlah], as it is written (Leviticus 19:23): “When you enter the land and plant [any tree for food],” excluding that which is planted by idolaters until they (i.e., the Israelites) had not come to the Land.
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English Explanation of Mishnah Orlah
Introduction
This mishnah deals with situations in which a tree is exempt from the laws of orlah, or situations in which it is subject, even though one might have thought that it should be exempt.
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Bartenura on Mishnah Orlah
נטעו – whether an Israelite or an idolater [had planted it] after they came to the Land, even though the Israelites had not [yet] conquered the Land, he (i.e., the Israelite) is liable [for the laws of Orlah], as it is written (Leviticus 19:23): “any tree” whether it was planted by an Israel or whether it was planted by an idolater.
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English Explanation of Mishnah Orlah
If at the time when our ancestors came into the land and they found [a tree already] planted it was exempt [from the laws of orlah]. If they planted [a tree], even though they had not yet conquered [the land], it was subject [to orlah]. This law is based on the beginning of Leviticus 19:23, “When you enter the land and plant any tree for food.” The laws of orlah do not apply to trees that were planted before the Israelites entered the land of Israel in the times of Joshua. If they planted a tree, the laws would apply even though the land had not yet been conquered. Obviously this law is not of any practical significance. This is a good example of what interests the rabbis. They are interested in practical matters and there are many halakhot in the Mishnah that have practical significance. But they are no less interested in explaining the Torah, even in cases where there is no practical implication to their words. This section of this mishnah is solely meant to explain the verse.
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Bartenura on Mishnah Orlah
הנוטע לרבים – that he planted in his domain for the needs of the many/majority.
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English Explanation of Mishnah Orlah
If one planted a tree for [the use of] the many, it is subject. But Rabbi Judah makes it exempt. According to the first opinion, if one plants a tree on his own property for the use of many others, the tree is still subject to the laws of orlah. Rabbi Judah disagrees and says that it is not.
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Bartenura on Mishnah Orlah
חייב – as it is written (Leviticus 19:23): “[three years] it shall be forbidden to you, [not to be eaten],” including that which is planted for the community/public.
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English Explanation of Mishnah Orlah
If one has planted [a tree] in the public domain, or if a non-Jew has planted, or if a robber has planted, or one who plants on a boat, or [a tree] that has grown of itself, it is subject to orlah. In all of the cases in this mishnah we might have thought the tree is not subject to the laws of orlah, therefore the mishnah teaches that the tree is subject. The first three categories all seem to say that the status of the planter and the status of the tree do not matter. Thus, although a tree in the public domain does not belong to the one who planted it, it is still subject to orlah. Halakhah does not generally apply to non-Jewish produce, but since the status of the tree is not determined by its owner, the tree planted by a non-Jew is subject to orlah. The robber does not own the field in which he planted the tree. Nevertheless, the tree is subject to the laws of orlah. All three of these categories serve to distinguish orlah from most of the other agricultural laws. For instance, produce which grows in the public domain is exempt from tithes. A tree that is planted on a boat is also liable, because the boat is treated as if it was land. Finally, a tree that has no owner is also liable, because as we have stated, it is the tree that is determinative, not the owner.
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Bartenura on Mishnah Orlah
ורבי יהודה פוטר – he holds that “and plant [any tree for food” (Leviticus 19:23) implies for the community/public, but an amplification following an amplification intimates a restriction, but the Rabbis hold [that the word] “and plant” (Leviticus 19:23) – implies each one for itself. But the Halakha is not according to Rabbi Yehuda.
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Bartenura on Mishnah Orlah
והנוטע ברשות הרבים – for his own needs.
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Bartenura on Mishnah Orlah
והעובד כוכבים שנטע – in a field of an Israelite.
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Bartenura on Mishnah Orlah
והגזלן – [a robber] who stole a field and planted it and the owners despaired of it (i.e., of getting it back).
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Bartenura on Mishnah Orlah
והנוטע בספינה – even though it was not perforated if it is earthenware, because an earthenware utensil does not stand before the roots and they penetrate through the earthenware and absorb from the ground, but something of wood requires perforation.
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Bartenura on Mishnah Orlah
והעולה מאליו – and especially in the place of the settlement, but not in the place of forests and deserts.
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