Комментарий к Швии́т 5:7
הַיּוֹצֵר, מוֹכֵר חֲמִשָּׁה כַּדֵּי שֶׁמֶן וַחֲמִשָּׁה עָשָׂר כַּדֵּי יַיִן, שֶׁכֵּן דַּרְכּוֹ לְהָבִיא מִן הַהֶפְקֵר. וְאִם הֵבִיא יוֹתֵר מִכָּאן, מֻתָּר. וּמוֹכֵר לְנָכְרִים בָּאָרֶץ, וּלְיִּשְׂרָאֵל בְּחוּצָה לָאָרֶץ:
Гончар может продать пять масляных кувшинов и пятнадцать винных кувшинов, поскольку [покупатель] обычно собирает [такое количество] из бесхозных [продуктов]. Если кто-то собирает больше, [продажа большего количества кувшинов] разрешена. Он может продавать [больше кувшинов] неевреям на земле [Израиля] и евреям за пределами страны.
Bartenura on Mishnah Sheviit
היוצר – an artisan who makes earthenware vessels sells even to be suspected [of violating] the Seventh Year five pitchers of oil and fifteen pitchers of wine, and there is nothing to be anxious about lest perhaps he wants all of them for oil or all of them for wine, for they are recognized – those of wine from those of oil, that the dust that the wine pitchers make is not similar to the dust that the pitchers of oil makes from them.
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English Explanation of Mishnah Sheviit
Introduction
This mishnah deals with a potter who wants to sell jars to a customer during the seventh year. Again, he may not sell more than the amount normally needed for personal usage.
As a reminder, during the sabbatical year one can harvest fruit that grows on its own and use it for personal needs. But one may not sell the produce nor may one store it beyond the time when such produce can be found in the fields. Produce found in the fields is considered ownerless, no matter who owns the field.
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Bartenura on Mishnah Sheviit
ואם הביא יותר מכאן מותר – and we don’t concern ourselves lest from that he brought that which is preserved from the Seventh Year.
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English Explanation of Mishnah Sheviit
The potter may sell five oil-jars and fifteen wine-jars, for this is the usual amount one collects from ownerless produce. A potter can sell up to five oil jars and fifteen wine jars, for this is a usual amount that a normal person would need to collect ownerless olives and grapes from the field and turn them into oil and wine.
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Bartenura on Mishnah Sheviit
ומוכר לגוים בארץ – and we don’t concern ourselves less the heathen will go back and sell them to an Israelites that is suspected [of violating the Sabbatical year].
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English Explanation of Mishnah Sheviit
But if he brought more, it is still permitted. If the person gathering the ownerless oil and wine brought in more olives and grapes than just five oil-jars or fifteen wine-jars worth, then one still may use this olive oil and wine. For instance, if I go to your house and you have gathered more than this amount I can still eat your food, as long as you are not making a business out of it or keeping it longer than is allowed. Nevertheless, it is still prohibited for a potter to sell more than five oil jars or fifteen wine jars because we could assume that a greater amount would be used to market the oil or wine.
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Bartenura on Mishnah Sheviit
ולישראל בחוצה לארץ – and we don’t concern ourselves lest he bring them into the Land [of Israel]; alternatively, lest he place within them wine or oil of the Seventh Yar that he brought from the Land of Israel, for the Sages were not that stringent.
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English Explanation of Mishnah Sheviit
He may also sell [more jars] to Gentiles in the land of Israel and to Jews outside of the land. The laws of sheviit apply in the land of Israel to Jews only. Therefore, a potter can sell whatever he wants either to a non-Jew living in the land of Israel or to a Jew living outside the land. He is not responsible if the non-Jew should subsequently sell the jars to a Jew or a Jew should bring them to the land of Israel and use them there against the halakhah. There is, after all, a limit to a person’s responsibility to not aid others in transgressing. Another example would be that while the potter cannot sell the jars in the seventh year, he can sell them in other years, even though they may be used eventually in the seventh year.
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