שבת

מהות השבת

וַיְכֻלּוּ הַשָּׁמַיִם וְהָאָרֶץ וְכָל צְבָאָם: וַיְכַל אֱלֹהִים בַּיּוֹם הַשְּׁבִיעִי מְלַאכְתּוֹ אֲשֶׁר עָשָׂה וַיִּשְׁבֹּת בַּיּוֹם הַשְּׁבִיעִי מִכָּל מְלַאכְתּוֹ אֲשֶׁר עָשָׂה: וַיְבָרֶךְ אֱלֹהִים אֶת יוֹם הַשְּׁבִיעִי וַיְקַדֵּשׁ אֹתוֹ כִּי בוֹ שָׁבַת מִכָּל מְלַאכְתּוֹ אֲשֶׁר בָּרָא אֱלֹהִים לַעֲשׂוֹת:
The heaven and the earth were finished, and all their array. On the seventh day God finished the work that had been undertaken, ceasingaceasing Or “resting.” on the seventh day from doing any of the work. And God blessed the seventh day and declared it holy—having ceased on it from all the work of creation that God had done.
זָכוֹר אֶת יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ: שֵׁשֶׁת יָמִים תַּעֲבֹד וְעָשִׂיתָ כָּל מְלַאכְתֶּךָ: וְיוֹם הַשְּׁבִיעִי שַׁבָּת לַה' אֱלֹהֶיךָ לֹא תַעֲשֶׂה כָל מְלָאכָה אַתָּה וּבִנְךָ וּבִתֶּךָ עַבְדְּךָ וַאֲמָתְךָ וּבְהֶמְתֶּךָ וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ: כִּי שֵׁשֶׁת יָמִים עָשָׂה ה' אֶת הַשָּׁמַיִם וְאֶת הָאָרֶץ אֶת הַיָּם וְאֶת כָּל אֲשֶׁר בָּם וַיָּנַח בַּיּוֹם הַשְּׁבִיעִי עַל כֵּן בֵּרַךְ ה' אֶת יוֹם הַשַּׁבָּת וַיְקַדְּשֵׁהוּ:
Remember the sabbath day and keep it holy. Six days youcyou Including a householder’s wife, as a co-administrator. shall labor and do all your work, but the seventh day is a sabbath of the ETERNAL your God: you shall not do any work—you, your son or daughter, your male or female slave, or your cattle, or the stranger who is within your settlements. For in six days GOD made heaven and earth and sea—and all that is in them—and then rested on the seventh day; therefore GOD blessed the sabbath day and hallowed it.
שֵׁשֶׁת יָמִים תַּעֲשֶׂה מַעֲשֶׂיךָ וּבַיּוֹם הַשְּׁבִיעִי תִּשְׁבֹּת לְמַעַן יָנוּחַ שׁוֹרְךָ וַחֲמֹרֶךָ וְיִנָּפֵשׁ בֶּן אֲמָתְךָ וְהַגֵּר:
Six days you shall do your work, but on the seventh day you shall cease from labor, in order that your ox and your donkey may rest, and that your home-born slave and the stranger may be refreshed.
וַיֹּאמֶר ה' אֶל מֹשֶׁה לֵּאמֹר: וְאַתָּה דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר אַךְ אֶת שַׁבְּתֹתַי תִּשְׁמֹרוּ כִּי אוֹת הִוא בֵּינִי וּבֵינֵיכֶם לְדֹרֹתֵיכֶם לָדַעַת כִּי אֲנִי ה' מְקַדִּשְׁכֶם: וּשְׁמַרְתֶּם אֶת הַשַּׁבָּת כִּי קֹדֶשׁ הִוא לָכֶם מְחַלְלֶיהָ מוֹת יוּמָת כִּי כָּל הָעֹשֶׂה בָהּ מְלָאכָה וְנִכְרְתָה הַנֶּפֶשׁ הַהִוא מִקֶּרֶב עַמֶּיהָ: שֵׁשֶׁת יָמִים יֵעָשֶׂה מְלָאכָה וּבַיּוֹם הַשְּׁבִיעִי שַׁבַּת שַׁבָּתוֹן קֹדֶשׁ לַה' כָּל הָעֹשֶׂה מְלָאכָה בְּיוֹם הַשַּׁבָּת מוֹת יוּמָת: וְשָׁמְרוּ בְנֵי יִשְׂרָאֵל אֶת הַשַּׁבָּת לַעֲשׂוֹת אֶת הַשַּׁבָּת לְדֹרֹתָם בְּרִית עוֹלָם: בֵּינִי וּבֵין בְּנֵי יִשְׂרָאֵל אוֹת הִוא לְעֹלָם כִּי שֵׁשֶׁת יָמִים עָשָׂה ה' אֶת הַשָּׁמַיִם וְאֶת הָאָרֶץ וּבַיּוֹם הַשְּׁבִיעִי שָׁבַת וַיִּנָּפַשׁ:
And GOD said to Moses: Speak to the Israelite people and say: Nevertheless, you must keep My sabbaths, for this is a sign between Me and you throughout the ages, that you may know that I GOD have consecrated you. You shall keep the sabbath, for it is holy for you. One who profanes it shall be put to death: whoever does work on it, that person shall be cut off from among kin. Six days may work be done, but on the seventh day there shall be a sabbath of complete rest, holy to GOD; whoever does work on the sabbath day shall be put to death. The Israelite people shall keep the sabbath, observing the sabbath throughout the ages as a covenant for all time: it shall be a sign for all time between Me and the people of Israel. For in six days GOD made heaven and earth, [before] ceasing from work and being refreshed on the seventh day.
וַיַּקְהֵל מֹשֶׁה אֶת כָּל עֲדַת בְּנֵי יִשְׂרָאֵל וַיֹּאמֶר אֲלֵהֶם אֵלֶּה הַדְּבָרִים אֲשֶׁר צִוָּה ה' לַעֲשֹׂת אֹתָם: שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה וּבַיּוֹם הַשְּׁבִיעִי יִהְיֶה לָכֶם קֹדֶשׁ שַׁבַּת שַׁבָּתוֹן לַה' כָּל הָעֹשֶׂה בוֹ מְלָאכָה יוּמָת: לֹא תְבַעֲרוּ אֵשׁ בְּכֹל מֹשְׁבֹתֵיכֶם בְּיוֹם הַשַּׁבָּת:
Moses then convoked the whole Israelite communityawhole Israelite community Or the leadership, on everyone’s behalf. and said to them:
These are the things that GOD has commanded you to do: On six days work may be done, but on the seventh day you shall have a sabbath of complete rest, holy to GOD; whoever does any work on it shall be put to death. You shall kindle no fire throughout your settlements on the sabbath day.
אִישׁ אִמּוֹ וְאָבִיו תִּירָאוּ וְאֶת שַׁבְּתֹתַי תִּשְׁמֹרוּ אֲנִי ה' אֱלֹהֵיכֶם:
You shall each revere your mother and your father, and keep My sabbaths: I the ETERNAL am your God.
וַיְדַבֵּר ה' אֶל מֹשֶׁה לֵּאמֹר: דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם מוֹעֲדֵי ה' אֲשֶׁר תִּקְרְאוּ אֹתָם מִקְרָאֵי קֹדֶשׁ אֵלֶּה הֵם מוֹעֲדָי: שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה וּבַיּוֹם הַשְּׁבִיעִי שַׁבַּת שַׁבָּתוֹן מִקְרָא קֹדֶשׁ כָּל מְלָאכָה לֹא תַעֲשׂוּ שַׁבָּת הִוא לַה' בְּכֹל מוֹשְׁבֹתֵיכֶם:
You must not carry false rumors; you shall not join hands with the guilty to act as a malicious witness: You shall neither side with the mightyamighty In contrast to others “multitude.” to do wrong—you shall not give perverse testimony in a dispute so as to pervert it in favor of the mighty— nor shall you show deference to a poor person in a dispute.
שָׁמוֹר אֶת יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ כַּאֲשֶׁר צִוְּךָ ה' אֱלֹהֶיךָ: שֵׁשֶׁת יָמִים תַּעֲבֹד וְעָשִׂיתָ כָּל מְלַאכְתֶּךָ: וְיוֹם הַשְּׁבִיעִי שַׁבָּת לַה' אֱלֹהֶיךָ לֹא תַעֲשֶׂה כָל מְלָאכָה אַתָּה וּבִנְךָ וּבִתֶּךָ וְעַבְדְּךָ וַאֲמָתֶךָ וְשׁוֹרְךָ וַחֲמֹרְךָ וְכָל בְּהֶמְתֶּךָ וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ לְמַעַן יָנוּחַ עַבְדְּךָ וַאֲמָתְךָ כָּמוֹךָ: וְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם וַיֹּצִאֲךָ ה' אֱלֹהֶיךָ מִשָּׁם בְּיָד חֲזָקָה וּבִזְרֹעַ נְטוּיָה עַל כֵּן צִוְּךָ ה' אֱלֹהֶיךָ לַעֲשׂוֹת אֶת יוֹם הַשַּׁבָּת:
Observe the sabbath day and keep it holy, as the ETERNAL your God has commanded you.
איך אפשר לראות שני טעמים ברורים למצוות השבת?
(רמז: האם המצווה נועדה למנוחה או כדי להידמות לקב"ה?)
אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ עֲשׂוֹת חֲפָצֶיךָ בְּיוֹם קָדְשִׁי וְקָרָאתָ לַשַּׁבָּת עֹנֶג לִקְדוֹשׁ ה' מְכֻבָּד וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ מִמְּצוֹא חֶפְצְךָ וְדַבֵּר דָּבָר: אָז תִּתְעַנַּג עַל ה' וְהִרְכַּבְתִּיךָ עַל בָּמֳתֵי אָרֶץ וְהַאֲכַלְתִּיךָ נַחֲלַת יַעֲקֹב אָבִיךָ כִּי פִּי ה' דִּבֵּר:
If you refrain from tramplingfrefrain from trampling Lit. “turn back your foot from.” the sabbath,
From pursuing your affairs on My holy day;
If you call the sabbath “delight,”
GOD ’s holy day “honored”;
And if you honor it and go not your ways
Nor look to your affairs, nor strike bargains—
האם יש כאן עוד כיוון?
(רמז: בעצם בתוך כיוון ההידמות לקב"ה יש שני תתי־כיוונים: האם להידמות לו פיזית, או להיות קדושים ורוחניים יותר?)
המצות אשר כללתן הקבוצה השמינית הם המצות אשר מנינום בספר זמנים, וכולן טעמם מפורש בכתוב פרט למעטים.
ענין השבת הרי טעמה מפורסם מכדי שיהא צורך לבארו. כבר ידוע ערך מה שיש בה מן המנוחה, ונעשו שביעית חיי כל אחד בעונג ומנוחה מן העמל והיגע אשר לא ינצל מהן קטן ולא גדול, עם השרשת ההשקפה רבת הערך מאד לדורות, והיא הדעה בחדוש העולם.
THE precepts of the eighth class are enumerated in “the Section on Seasons” (Sefer zemannim). With a few exceptions, the reasons for all of them are stated in the Law. The object of Sabbath is obvious, and requires no explanation. The rest it affords to man is known; one-seventh of the life of every man, whether small or great, passes thus in comfort, and in rest from trouble and exertion. This the Sabbath effects in addition to the perpetuation and confirmation of the grand doctrine of the Creation. The object of the Fast of Atonement is evident. The Fast creates the sense of repentance; it is the same day on which the chief of all prophets came down [from Mount Sinai] with the second tables, and announced to the people the divine pardon of their great sin; the day was therefore appointed for ever as a day devoted to repentance and true worship of God. For this reason all material enjoyment, all trouble and care for the body, are interdicted, no work may be done; the day must be spent in confession; ever- one shall confess his sins and abandon them. Other holy days are appointed for rejoicing and for such pleasant gathering as people generally need. They also promote the good feeling that men should have to each other in their social and political relations. The appointment of the special days for such purposes has its cause. The reason for the Passover is well known. It is kept seven days, because the period of seven days is the unit of time intermediate between a day and a month. It is also known how great is the importance of this period in Nature, and in many religious duties. For the Law always follows Nature, and in some respects brings it to perfection; for Nature is not capable of designing and thinking, whilst the Law is the result of the wisdom and guidance of God, who is the author of the intellect of all rational beings. This, however, is not the theme of the present chapter: let us return to our subject. The Feast of Weeks is the anniversary of the Revelation on Mount Sinai. In order to raise the importance of this day, we count the days that pass since the preceding festival, just as one who expects his most intimate friend on a certain day counts the days and even the hours. This is the reason why we count the days that pass since the offering of the Omer, between the anniversary of our departure from Egypt and the anniversary of the Lawgiving. The latter was the aim and object of the exodus from Egypt, and thus God said, “I brought you unto myself” (Exod. 19:4). As that great revelation took place only on one day, so we keep its anniversary only one day: but if the eating of unleavened bread on Passover were only commanded for one day, we should not have noticed it, and its object would not have been manifest. For it frequently happens that we take the same kind of food for two or three days. But by our continuing for a whole period [of seven days] to eat unleavened bread, its object becomes clear and evident. New-Year is likewise kept for one day; for it is a day of repentance, on which we are stirred up from our forgetfulness. For this reason the shofar is blown on this day, as we have shown in Mishneh-torah. The day is, as it were, a preparation for and an introduction to the day of the Fast, as is obvious from the national tradition about the days between New-Year and the Day of Atonement. The Feast of Tabernacles, which is a feast of rejoicing and gladness, is kept seven days, in order that the idea of the festival may be more noticeable. The reason why it is kept in the autumn is stated in the Law, “When thou hast gathered in thy labours out of the field” (Exod. 23:16); that is to say, when you rest and are free from pressing labours. Aristotle, in the ninth book of his Ethics, mentions this as a general custom among the nations. He says: “In ancient times the sacrifices and assemblies of the people took place after the ingathering of the corn and the fruit, as if the sacrifices were offered on account of the harvest.” Another reason is this—in this season it is possible to dwell in tabernacles, as there is neither great heat nor troublesome rain. The two festivals, Passover and the Feast of Tabernacles, imply also the teaching of certain truths and certain moral lessons. Passover teaches us to remember the miracles which God wrought in Egypt, and to perpetuate their memory; the Feast of Tabernacles reminds us of the miracles wrought in the wilderness. The moral lessons derived from these feasts is this: man ought to remember his evil days in his days of prosperity. He will thereby be induced to thank God repeatedly, to lead a modest and humble life. We eat, therefore, unleavened bread and bitter herbs on Passover in memory of what has happened unto us, and leave [on Succoth] our houses in order to dwell in tabernacles, as inhabitants of deserts do that are in want of comfort. We shall thereby remember that this has once been our condition; [comp.] “I made the children of Israel to dwell in booths” (Lev. 23:43); although we dwell now in elegant houses, in the best and most fertile land, by the kindness of God, and because of His promises to our forefathers, Abraham, Isaac, and Jacob, who were perfect in their opinions and in their conduct. This idea is likewise an important element in our religion; that whatever good we have received and ever will receive of God, is owing to the merits of the Patriarchs, who “kept the way of the Lord to do justice and judgment” (Gen. 18:19). We join to the Feast of Tabernacles the Feast of the Eighth Day, in order to complete our rejoicings, which cannot be perfect in booths, but in comfortable and well-built houses. As regards the four species [the branches of the palm tree, the citron, the myrtle, and the willows of the brook] our Sages gave a reason for their use by way of Agadic interpretation, the method of which is well known to those who are acquainted with the style of our Sages. They use the text of the Bible only as a kind of poetical language [for their own ideas], and do not intend thereby to give an interpretation of the text. As to the value of these Midrashic interpretations, we meet with two different opinions. For some think that the Midrash contains the real explanation of the text, whilst others, finding that it cannot be reconciled with the words quoted, reject and ridicule it. The former struggle and fight to prove and to confirm such interpretations according to their opinion, and to keep them as the real meaning of the text; they consider them in the same light as traditional laws. Neither of the two classes understood it, that our Sages employ biblical texts merely as poetical expressions, the meaning of which is clear to every reasonable reader. This style was general in ancient days; all adopted it in the same way as poets [adopt a certain style]. Our Sages say, in reference to the words, “and a paddle (yated) thou shalt have upon thy weapon” [azeneka, Deut. 23:14]: Do not read azeneka, “thy weapon,” but ozneka, “thy ear.” You are thus told, that if you hear a person uttering something disgraceful, put your fingers into your ears. Now, I wonder whether those ignorant persons [who take the Midrashic interpretations literally] believe that the author of this saying gave it as the true interpretation of the text quoted, and as the meaning of this precept: that in truth yated, “the paddle,” is used for “the finger, “and azeneka denotes “thy ear.” I cannot think that any person whose intellect is sound can admit this. The author employed the text as a beautiful poetical phrase, in teaching an excellent moral lesson, namely this: It is as bad to listen to bad language as it is to use it. This lesson is poetically connected with the above text. In the same sense you must understand the phrase, “Do not read so, but so,” wherever it occurs in the Midrash. I have departed from my subject, but it was for the purpose of making a remark useful to every intellectual member of the Rabbanites. I now return to our theme. I believe that the four species are a symbolical expression of our rejoicing that the Israelites changed the wilderness, “no place of seed, or of figs, or of vines, or of pomegranates, or of water to drink” (Num. 20:5), with a country full of fruit-trees and rivers. In order to remember this we take the fruit which is the most pleasant of the fruit of the land, branches which smell best, most beautiful leaves, and also the best of herbs, i.e., the willows of the brook. These four kinds have also those three purposes: First, they were plentiful in those days in Palestine, so that every one could easily get them. Secondly, they have a good appearance, they are green; some of them, viz., the citron and the myrtle, are also excellent as regards their smell, the branches of the palm-tree and the willow having neither good nor bad smell. Thirdly, they keep fresh and green for seven days, which is not the case with peaches, pomegranates, asparagus, nuts, and the like.
אילו שתי סיבות מביא הרמב"ם?
כי עוד יבא אל גמר תעודתו שלא יהיה צריך לעזר ההטרדה החומרית בעמל המלאכות הרבות שצרכי החיים בצירוף קלקולי הטבע הזקיקו הן לבן אז יהיה לא העונג האמיתי המנוחה למעין יתענג על ד' ועל טובו... ע"כ הידיעה בתעודת השבת כי על ידה יודע כי ד' הוא מקדשנו הוא עשה לנו הנפש הזאת שבתורה יש סגולה גנוזה שעם כל נפילתה וערמת דשן החומריות הצבור עליה תתנער ותחגר עז על ידי דרך הקודש ששם לפניה יוצרה בלכתה בתורת ד'.
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מלאכת שבת

אבות מלאכה
אבות מלאכות ארבעים חסר אחת: הזורע, והחורש, והקוצר, והמעמר, והדש, והזורה, הבורר הטוחן והמרקד, והלש, והאופה. הגוזז את הצמר, המלבנו, והמנפצו, והצובעו, והטווה, והמיסך, והעושה שתי בתי נירין, והאורג שני חוטין, והפוצע שני חוטין, הקושר, והמתיר, והתופר שתי תפירות, הקורע על מנת לתפור [שתי תפירות]. הצד צבי, השוחטו, והמפשיטו, המולחו, והמעבד את עורו, והממחקו, והמחתכו. הכותב שתי אותיות, והמוחק על מנת לכתוב שתי אותיות. הבונה, והסותר, המכבה, והמבעיר, המכה בפטיש, המוציא מרשות לרשות. הרי אלו אבות מלאכות, ארבעים חסר אחת.
Rather, is it not that the first clause of the baraita is dealing with the contrast between Shabbat and idolatry, and the latter clause of the baraita is dealing with contrasting Shabbat and other mitzvot? And what are the circumstances of: Unwitting without intent, with regard to other mitzvot? It is in a case where one thought that it was permitted fat, and ate it, and later discovered that it was forbidden fat. This is one example of other mitzvot where one is liable. That is not the case with regard to Shabbat, where he is exempt, as one who intended to cut a detached plant and unwittingly severed a plant still attached to the ground is exempt. And according to Abaye, who holds that he is liable in that case, what are the circumstances of: Unwitting without intent, with regard to other mitzvot? It is in a case where one had something in his mouth and he thought it was spittle and swallowed it with no intention to eat it, and it turned out to be forbidden fat that he swallowed. This is one example of other mitzvot, where he is liable. That is not the case with regard to Shabbat, where the phrase: He is exempt, is referring to the case of one who intended to lift a plant detached from the ground and mistakenly severed a plant still attached to the ground. In that case, even Abaye agrees that he is exempt. However, one who intended to cut a detached plant and unwittingly severed a plant still attached to the ground is liable since he intended to perform a standard act of cutting. Therefore, no proof can be cited from this baraita. A similar dispute between Abaye and Rava was stated. In the case of one who intended to throw an object two cubits in the public domain, for which he would not be liable by Torah law, and it turned out that he threw it four cubits, in violation of the prohibition by Torah law against carrying an object four cubits in the public domain, Rava said: He is exempt. Abaye said: He is liable. The Gemara elaborates: Rava said: He is exempt, as he does not intend to execute a throw of four cubits, and, consequently, does not intend to perform a prohibited act. Abaye said: He is liable, as he intends to execute a standard throw, and ultimately a throw that traveled a prohibited distance was executed. Another dispute between them was stated. In the case of one who thought that he was in the private domain and threw an object more than four cubits, and, ultimately, it was found to be the public domain, Rava said: He is exempt. And Abaye said: He is liable. The Gemara elaborates: Rava said: He is exempt, as he does not intend to execute a prohibited throw. In a private domain, he may throw an object as far as he chooses. And Abaye said: He is liable, as he intends to execute a standard throw. The Gemara comments: And it is necessary to mention these three disputes, despite their similarities, because each one teaches a unique element. As, had the Gemara taught us only the first, the case of one who intended to lift a plant detached from the ground and mistakenly severed a plant still attached to the ground, we would have said that it was only in that case that Rava said he is exempt, as he does not intend to perform an act of prohibited severing. He had no intention to perform an action that entails desecration of Shabbat. However, the ruling in the case of one who intended to throw an object two cubits in the public domain and he threw it four cubits would be more stringent, as an object cannot be thrown four cubits without being thrown two cubits. A throw of two cubits is a component part of the four-cubit throw. Consequently, say that in that case Rava agrees with Abaye, as he performed an act that has a prohibited dimension to it. And, had the Gemara taught us the dispute in this case of throwing two cubits as well, we would have said that it is only in that case that Rava says that he is exempt, as he does not intend to execute a throw of four cubits. A throw of fewer than four cubits does not constitute a transgression. However, in the case of one who thought that he was in the private domain, and ultimately it was found to be the public domain where the individual intends to execute a throw of four cubits, which is a prohibited distance, say that Rava agrees with Abaye that he is liable. Therefore, it is necessary to mention all three cases in which they disagree. We learned in a mishna: The primary categories of labor are forty-less-one, and we discussed it and asked: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all of the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Granted, according to Abaye, who said that in a case like that one mentioned above, where one intended to throw an object two cubits and it traveled four cubits he is liable, you find that circumstance in a case where he was aware that the prohibition of Shabbat applies to certain labors, and he was aware that particular labors were prohibited, and was mistaken with regard to measures. He intended to perform an act involving less than the prohibited measure, and it turned out that the action he performed involved an amount equal to or greater than the prohibited measure. That is an unwitting act that renders him liable to bring a sin-offering, according to Abaye. However, according to Rava, who said that he is exempt in a case where one intended to throw an object two cubits and it traveled four cubits, in what circumstances do you find that he would be liable for each and every one? Is it in a case where, with regard to Shabbat, his actions were intentional, and, with regard to the prohibited labors, his actions were unwitting? It works out well if he holds in accordance with the opinion of Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition and performed the transgression intentionally, he is considered to have sinned unwittingly. If he holds in accordance with that opinion, you find a case where one could be liable for each and every prohibited labor when he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, if he holds in accordance with the opinion of Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. The question then arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva, who holds that this prohibition is by Torah law. MISHNA: This fundamental mishna enumerates those who perform the primary categories of labor prohibited on Shabbat, which number forty-less-one. They are grouped in accordance with their function: One who sows, and one who plows, and one who reaps, and one who gathers sheaves into a pile, and one who threshes, removing the kernel from the husk, and one who winnows threshed grain in the wind, and one who selects the inedible waste from the edible, and one who grinds, and one who sifts the flour in a sieve, and one who kneads dough, and one who bakes. Additional primary categories of prohibited labor are the following: One who shears wool, and one who whitens it, and one who combs the fleece and straightens it, and one who dyes it, and one who spins the wool, and one who stretches the threads of the warp in the loom, and one who constructs two meshes, tying the threads of the warp to the base of the loom, and one who weaves two threads, and one who severs two threads for constructive purposes, and one who ties a knot, and one who unties a knot, and one who sews two stitches with a needle, as well as one who tears a fabric in order to sew two stitches. One who traps a deer, or any living creature, and one who slaughters it, and one who flays it, and one who salts its hide, a step in the tanning process, and one who tans its hide, and one who smooths it, removing hairs and veins, and one who cuts it into measured parts. One who writes two letters and one who erases in order to write two letters. One who builds a structure, and one who dismantles it, one who extinguishes a fire, and one who kindles a fire. One who strikes a blow with a hammer to complete the production process of a vessel (Rabbeinu Ḥananel), and one who carries out an object from domain to domain. All these are primary categories of labor, and they number forty-less-one.
הדור יתבי וקמיבעיא להו: הא דתנן אבות מלאכות ארבעים חסר אחת כנגד מי? אמר להו רבי חנינא בר חמא: כנגד עבודות המשכן. אמר להו רבי יונתן ברבי אלעזר כך אמר רבי שמעון ברבי יוסי בן לקוניא: כנגד מלאכה מלאכתו ומלאכת שבתורה - ארבעים חסר אחת. בעי רב יוסף: ויבא הביתה לעשות מלאכתו ממנינא הוא, או לא? אמר ליה אביי: וליתי ספר תורה ולימני! מי לא אמר רבה בר בר חנה אמר רבי יוחנן: לא זזו משם, עד שהביאו ספר תורה ומנאום. אמר ליה: כי קא מספקא לי - משום דכתיב והמלאכה היתה דים ממנינא הוא, והא - כמאן דאמר לעשות צרכיו נכנס, או דילמא: ויבא הביתה לעשות מלאכתו ממנינא הוא, והאי והמלאכה היתה דים - הכי קאמר: דשלים ליה עבידתא? תיקו. תניא כמאן דאמר כנגד עבודות המשכן, דתניא: אין חייבין אלא על מלאכה שכיוצא בה היתה במשכן, הם זרעו - ואתם לא תזרעו, הם קצרו - ואתם לא תקצרו, הם העלו את הקרשים מקרקע לעגלה - ואתם לא תכניסו מרשות הרבים לרשות היחיד. הם הורידו את הקרשים מעגלה לקרקע - ואתם לא תוציאו מרשות היחיד לרשות הרבים, הם הוציאו מעגלה לעגלה - ואתם לא תוציאו מרשות היחיד לרשות היחיד. מרשות היחיד לרשות היחיד, מאי קא עביד? - אביי ורבא דאמרי תרוויהו, ואיתימא רב אדא בר אהבה: מרשות היחיד לרשות היחיד דרך רשות הרבים.
My father was a tanner, and one Shabbat he said: Bring me hides and we will sit on them (Rabbeinu Ḥananel). In other words, even the hides of a craftsman may be moved on Shabbat. The Gemara raises an objection from a baraita: With regard to wooden boards belonging to a homeowner, one may move them on Shabbat; however, those belonging to a craftsman, one may not move them. And if, however, he thought to place bread upon them for guests, both these, the boards of the homeowner, and those, the boards of the craftsman, may be moved. Apparently, the raw materials of a craftsman may not be moved on Shabbat. The Gemara answers: Wooden boards are different in that one is particular about them that they not be damaged. Hides, on the other hand, are not damaged when one sits on them. The Gemara cites another proof. Come and hear that which was taught in a different baraita: With regard to hides, whether they are tanned or whether they are not tanned, it is permitted to move them on Shabbat. The Sages said that tanned hides have a unique legal status, distinct from the status of hides that have not been tanned only with regard to ritual impurity. Only tanned hides become ritually impure. What, is it not saying that there is no difference whether they are hides belonging to a homeowner and there is no difference whether they are hides belonging to a craftsman; in both cases they may be moved on Shabbat? The Gemara rejects this argument: No, the baraita is referring exclusively to hides belonging to a homeowner. The Gemara asks: But with regard to hides belonging to a craftsman, what is the halakha? Is it true that they may not be moved on Shabbat? If so, that which was taught in the baraita: The Sages said that the legal status of tanned hides is distinct from the status of hides that have not been tanned only with regard to ritual impurity; let the tanna of the baraita distinguish and teach within the halakhot of Shabbat itself, and say: In what case is this statement, that there is no distinction between whether or not the hides were tanned, said? It was stated specifically with regard to hides belonging to a homeowner. However, with regard to hides belonging to a craftsman, no, if they were tanned they may not be moved. The Gemara answers: Since the entire baraita is speaking with regard to hides of a homeowner, it would have been forced to elaborate at greater length to introduce the distinction with regard to the hides of a craftsman than it did to introduce the distinction with regard to ritual impurity. The Gemara notes that this issue is parallel to a dispute between tanna’im, as it was taught in a baraita: With regard to hides belonging to a homeowner, one may move them on Shabbat, and those of a craftsman, one may not move them. Rabbi Yosei says: With regard to both these, the hides of a homeowner, and those, the hides of a craftsman, one may move them. The Gemara relates that those same Sages who sat and discussed the issue of hides, sat again and they raised a dilemma: That which we learned in the mishna: The primary categories of labor, which are prohibited by Torah law on Shabbat, are forty-less-one; to what does this number correspond? That is to say, what is the source of this number? Rabbi Ḥanina bar Ḥama said to them: They correspond to the labors in the Tabernacle. All types of labor that were performed in the Tabernacle are enumerated as primary categories of labor with respect to Shabbat. However, other labors, even if they are significant, are not enumerated among the primary categories of labor since they were not performed in the Tabernacle. Rabbi Yonatan, son of Rabbi Elazar, said to them that so said Rabbi Shimon, son of Rabbi Yosei ben Lakonya: They correspond to the instances of the words labor, his labor, and the labor of, that appear in the Torah a total of forty-less-one times. Rav Yosef raised a dilemma: The term his labor is written with regard to Joseph: “And it came to pass about this time, that he came into the house to do his labor; and there was none of the men of the house there within” (Genesis 39:11). Is it included in the count of the thirty-nine instances or not? Abaye said to him: And let us bring a Torah scroll and count the instances of the word labor and thereby determine whether or not there are thirty-nine instances without that one. Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said in a case of similar uncertainty: They did not move from there until they brought a Torah scroll and counted them? Rav Yosef said to Abaye: I cannot reach a conclusion relying solely on a count because there is another instance of the term labor, whose meaning is not clear to me. The reason I am uncertain is because it is written with regard to the Tabernacle: “For the labor they had was sufficient for all the work to do it, and too much” (Exodus 36:7). The question arises whether or not this mention of labor is included in the count of thirty-nine instances, i.e., whether or not it refers to actual labor. And if it does, that verse with regard to Joseph should be understood in accordance with the opinion of the one who said that the expression, to do his labor, is a euphemism. It means that it was to attend to his needs and engage in relations with Potiphar’s wife that he entered. Or, perhaps, the verse relating to Joseph: “He came into the house to do his labor,” is included in the count, and it refers to actual labor. And this verse: “The labor they had was sufficient,” is saying the following: That they completed the preparatory labor, i.e., they brought all the materials, not that they engaged in the actual labor. Let the uncertainty stand unresolved. With regard to the matter itself, it was taught in a baraita in accordance with the opinion of the one who said that the thirty-nine labors of Shabbat correspond to the labors performed in the Tabernacle. As it was taught in a baraita: One is only liable for performing a labor to which there was a corresponding labor in the Tabernacle. They sowed in order to grow dyes for the Tabernacle, and therefore you may not sow on Shabbat. They reaped, and therefore you may not reap on Shabbat. They lifted the boards from the ground in the wilderness, which is a public domain, and placed them into the wagon, which is a private domain, and therefore you shall not carry objects in from the public domain to the private domain on Shabbat. They lowered the boards from the wagon to the ground, and therefore you shall not carry objects out from the private domain to the public domain on Shabbat. They took boards and other objects out and passed them from wagon to wagon, i.e., from one private domain to another private domain, and therefore you shall not take objects out from one private domain to another private domain on Shabbat. The Gemara expresses astonishment with regard to the last clause of the baraita: One who takes an object out from one private domain to another private domain, what prohibited labor is he thereby performing? The Gemara answers: It was Abaye and Rava who both said, and some say that it was Rav Adda bar Ahava who said: This is referring to taking an object out from one private domain to another private domain via the public domain, as the space between the two wagons in the wilderness was a public domain. We learned in the mishna: One may insulate food in wool fleece, and he may not move it. Rava said: This halakha that fleece may not be moved on Shabbat applies only to a case where one did not insulate food in it. Only in that case is it set-aside. However, if one insulated cooked food in it, he may move it. By insulating food in the fleece, he indicated that he intends to use it on Shabbat. A certain Sage for whom it was his first day in that study hall raised an objection to Rava from our mishna: One may insulate food in wool fleece, and one may not move it. How, then, does he act if he insulated food in wool fleece and now wishes to remove the pot?
וכל אלו האבות שמנה נקראו אבות, לפי שהיו במעשה המשכן שהונח עליו שם מלאכה. וכל הנתלה באחת מהן נקרא תולדה, כמו שביארנו.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
האם האיסור הוא על פעולות מסוימות או על רעיונות מסוימים?
ומכדי, אהא מיחייב ואהא מיחייב, אמאי קרי לה האי אב ואמאי קרי לה האי תולדה? - נפקא מינה: דאי עביד שתי אבות בהדי הדדי, אי נמי שתי תולדות בהדי הדדי - מיחייב תרתי, ואי עביד אב ותולדה דידיה - לא מיחייב אלא חדא. - ולרבי אליעזר דמחייב אתולדה במקום אב, אמאי קרו לה אב ואמאי קרו לה תולדה? - הך דהואי במשכן חשיבא - קרי לה אב, הך דלא הואי במשכן חשיבא - לא קרי לה אב.
GEMARA: With regard to the main issue, the Gemara asks: After all, throwing is a subcategory of carrying out. Where is the primary category of prohibited labor of carrying out itself written in the Torah? Isn’t it necessary to clarify the primary category before discussing the subcategory? Rabbi Yoḥanan said: As the verse said: “And Moses commanded, and they passed a proclamation throughout the camp saying: Neither man nor woman should perform any more work to contribute to the Sanctuary; and the people stopped bringing” (Exodus 36:6). According to Rabbi Yoḥanan, Moses commanded the people to cease bringing contributions in order to prevent them from bringing their contributions on Shabbat. He then explains: Where was Moses sitting? He was in the camp of the Levites, and the Levites’ camp was the public domain. And he said to Israel: Do not carry out and bring objects from the private domain, your camp, to the public domain, the camp of the Levites. The Gemara asks: And how do you know that he was standing and commanding the people on Shabbat? Perhaps he was standing during the week, and Moses commanded the cessation of contributions because the labor of the Tabernacle was completed, since all the necessary material was already donated, as it is written: “And the work was sufficient for them for all of the work to perform it, and there was extra” (Exodus 36:7). Rather, derive this by means of a verbal analogy between passing mentioned in this context and passing mentioned with regard to Yom Kippur. It is written here, with regard to the Tabernacle: “And they passed a proclamation throughout the camp,” and it is written there, with regard to Yom Kippur: “And you shall pass a blast of a shofar on the tenth day of the seventh month, on Yom Kippur you shall sound a shofar throughout your land” (Leviticus 25:9). Just as there, with regard to the shofar of the Jubilee Year, passing is on a day on which it is prohibited to perform labor, so too, here passing is on a day on which it is prohibited to perform labor. The Gemara asks: We found a source prohibiting carrying out from a private domain into the camp of the Levites. From where do we derive that carrying in is also considered a prohibited labor? The Gemara answers: It is a logical inference. After all, carrying is from one domain to another, so what difference is there to me whether it is carrying out or carrying in? Carrying from one domain to another is prohibited; the direction in which the object is carried makes no difference. However, carrying out is a primary category, while carrying in is a subcategory, as it is not stated explicitly in the biblical text. The Gemara now questions the distinction between primary categories and subcategories of labor. After all, one is liable for this, carrying out, and one is liable for that, carrying in. Why is this called a primary category, and why is this called a subcategory? What is the point of the distinction? The Gemara answers: The practical ramification is that if one performs two different primary categories together, or alternatively, if one performs two subcategories of two different primary categories together, he is liable to bring two sin-offerings. And if one performs a primary category of labor together with its own subcategory, he is liable to bring only one sin-offering. The Gemara further asks: And according to the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category, why is this called a primary category, and why is this called a subcategory? The Gemara answers: According to him, that which was a significant labor in the Tabernacle is called a primary category; that which was not a significant labor in the Tabernacle is not called a primary category. Alternatively, perhaps that which is written explicitly in the Torah is called a primary category, and that which is not written explicitly in the Torah is called a subcategory. And as for the halakha that we learned in a mishna: With regard to one who throws an object on Shabbat a distance of four cubits in the public domain and it lands on a wall, if the wall was higher than ten handbreadths, it is as if he threw it into the air, and he is exempt. If the wall was lower than ten handbreadths, it is as if he threw it onto the ground, and one who throws an object a distance of four cubits onto the ground in the public domain is liable. The Gemara asks: If one threw an object four cubits in the public domain, and it did not go from one domain to another, from where do we derive that he is liable? The Gemara answers: Rabbi Yoshiya said: Because the weavers of the tapestries in the Tabernacle throw their needles to each other when they need to borrow the other’s needle. Throwing was a labor performed in the Tabernacle; therefore, one is liable for performing it. The Gemara wonders: Why do weavers need needles? Rather, emend the statement to say: Because those who sewed the tapestries throw their needles to each other. The Gemara asks: Is it clear that they had to throw needles to each other? Perhaps they sat next to each other. The Gemara answers: It is clear that they kept their distance from each other. If they sat too close, they would reach each other and hurt one another with their needles. The Gemara asks: Perhaps, even though they kept their distance, they sat within four cubits of each other, and they would not throw the needles farther than that. In the absence of proof of their sitting arrangement, this halakha cannot be derived from those who sewed the tapestries. Rather, Rav Ḥisda said: Throwing an object four cubits in the public domain is prohibited because the weavers of the tapestries in the Tabernacle threw the shuttle, to which the thread of the warp was tied on the tapestry. Weaving entails throwing the thread of the warp through the threads of the woof. The Gemara asks: That is not actually throwing, as didn’t the weaver hold the end of the thread in his hand? One is not liable for throwing an object when part of it remains in his hand. Rather, this must be referring to the final throw, when the weaving was finished and the weaver released the thread from his hand. The Gemara asks: Doesn’t the shuttle go in an exempt domain? The tapestry was less than four handbreadths wide, rendering it an exempt domain even though it is four cubits long. One who throws in an exempt domain is exempt. Rather, it is because the weavers of tapestries throw the shuttle to those who seek to borrow it from them. The Gemara asks: But perhaps they sat next to each other? The Gemara answers: That is impossible because they would reach one another and disturb one another when tightening the thread at the end of the tapestry. The Gemara asks: And perhaps they were not in a straight line but staggered. That would enable the weavers to sit adjacent to each other without disturbing each other’s work. And furthermore, did they borrow from each another? Wasn’t the following taught in a baraita of the Sage Luda? The verse states: “And all the wise men who performed all of the work of the Sanctuary came, each one from the work he was doing” (Exodus 36:4). From that verse it is derived: Each performed the labor from his own work, and they would not perform the labor from their friends’ work. Each person had his own tools and did not need to borrow from others. And furthermore, the Gemara asks: Even if the halakha of throwing was derived from here, from where do we derive that one who carries an object four cubits in the public domain is liable? Rather, apparently, this halakha is not derived from the labor performed in the construction of the Tabernacle. Rather, all the halakhot related to carrying four cubits in the public domain are learned through tradition and not derived from the text. Rav Yehuda said that Shmuel said: The wood gatherer who was sentenced to death for desecrating Shabbat (see Numbers 15:33–36) was one who carried four cubits in the public domain. He was stoned for performing the prohibited labor of carrying. It was taught in a baraita: He was one who detached still-growing branches. He was stoned for performing the prohibited labor of detaching. Rav Aḥa, son of Rabbi Ya’akov, said: He was one who gathered sticks together into a pile. The Gemara asks: What is the practical ramification of determining precisely which prohibited labor the wood gatherer performed? The Gemara answers: The ramification is with regard to the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya. And in it, it is written that Isi ben Yehuda says: The number of primary categories of labor prohibited on Shabbat is forty-less-one. And if one performed all of them in the course of one lapse of awareness, he is liable to bring only one sin-offering. The Gemara asks: One and no more? We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. This citation from the hidden scroll cannot be accurate. Rather, emend this statement in the hidden scroll and say that one is not liable for one of them. There is a primary category of labor among the thirty-nine primary categories of prohibited labor whose violation does not incur the death penalty. The identity of this category that is not punishable by death was not specified. It is obvious to Rav Yehuda that one who carries four cubits in the public domain is liable to receive the death penalty. And it is obvious to the baraita that one who detaches is liable to receive the death penalty. And it is obvious to Rav Aḥa bar Ya’akov that one who gathers is liable to receive the death penalty. In other words, this Master maintains: With regard to this labor, in any case, there is no uncertainty. And this Master maintains: With regard to that labor, in any case, there is no uncertainty. Each Sage maintains that the prohibited labor that he attributed to the wood gatherer incurs the death penalty and is certainly not the labor referred to in the hidden scroll. On the topic of the wood gatherer, the Gemara cites that which the Sages taught in a baraita: The wood gatherer mentioned in the Torah was Zelophehad, and it says: “And the children of Israel were in the desert and they found a man gathering wood on the day of Shabbat” (Numbers 15:32), and below, in the appeal of the daughters of Zelophehad, it is stated: “Our father died in the desert and he was not among the company of them that gathered themselves together against the Lord in the company of Korah, but he died in his own sin, and he had no sons” (Numbers 27:3). Just as below the man in the desert is Zelophehad, so too, here, in the case of the wood gatherer, the unnamed man in the desert is Zelophehad; this is the statement of Rabbi Akiva. Rabbi Yehuda ben Beteira said to him: Akiva, in either case you will be judged in the future for this teaching. If the truth is in accordance with your statement that the wood gatherer was Zelophehad, the Torah concealed his identity, and you reveal it. And if it the truth is not in accordance with your statement, you are unjustly slandering that righteous man.
...אית דגרסי הך דהוות במשכן חשיבא קרי לה אב והך דלא הוות במשכן חשיבא קרי לה תולדה ולפי זה יש מלאכות דהוו במשכן כגון מנכש ומשקה זרעים דלא חשיבי ולא הוו אבות וכן אי גרסינן דהוות במשכן וחשיבא קרי לה אב אבל אי גרסי' הך דהוות במשכן חשיבא וקרי לה אב הך דלא הוות במשכן לא חשיבא וקרי לה תולדה לפי זה התולדות לא היו במשכן.
האם כל הפעולות שהיו במשכן אסורות משום אבות מלאכה?
ובס' דברי חיים להרה"ק מהר"ח מצאנז ז"ל כתב דטעם הא דבעי' מלאכות שהיו במשכן מפאת דשביתת שבת הרי הוא זכר למה ששבת השי"ת בשבת ממלאכת בריאת עולמו, והמשכן מבואר בראשונים דהוא עולם קטן ונכלל בו בדקות כל המציאות הנברא כולו, וע"כ אותם המלאכות שהיו במשכן מובן ממילא שהיה עניינם בבריאת עולם הגדול גם כן, וע"כ מהם הוא שצריך שביתה עכ"ד ז"ל.
My father was a tanner, and one Shabbat he said: Bring me hides and we will sit on them (Rabbeinu Ḥananel). In other words, even the hides of a craftsman may be moved on Shabbat. The Gemara raises an objection from a baraita: With regard to wooden boards belonging to a homeowner, one may move them on Shabbat; however, those belonging to a craftsman, one may not move them. And if, however, he thought to place bread upon them for guests, both these, the boards of the homeowner, and those, the boards of the craftsman, may be moved. Apparently, the raw materials of a craftsman may not be moved on Shabbat. The Gemara answers: Wooden boards are different in that one is particular about them that they not be damaged. Hides, on the other hand, are not damaged when one sits on them. The Gemara cites another proof. Come and hear that which was taught in a different baraita: With regard to hides, whether they are tanned or whether they are not tanned, it is permitted to move them on Shabbat. The Sages said that tanned hides have a unique legal status, distinct from the status of hides that have not been tanned only with regard to ritual impurity. Only tanned hides become ritually impure. What, is it not saying that there is no difference whether they are hides belonging to a homeowner and there is no difference whether they are hides belonging to a craftsman; in both cases they may be moved on Shabbat? The Gemara rejects this argument: No, the baraita is referring exclusively to hides belonging to a homeowner. The Gemara asks: But with regard to hides belonging to a craftsman, what is the halakha? Is it true that they may not be moved on Shabbat? If so, that which was taught in the baraita: The Sages said that the legal status of tanned hides is distinct from the status of hides that have not been tanned only with regard to ritual impurity; let the tanna of the baraita distinguish and teach within the halakhot of Shabbat itself, and say: In what case is this statement, that there is no distinction between whether or not the hides were tanned, said? It was stated specifically with regard to hides belonging to a homeowner. However, with regard to hides belonging to a craftsman, no, if they were tanned they may not be moved. The Gemara answers: Since the entire baraita is speaking with regard to hides of a homeowner, it would have been forced to elaborate at greater length to introduce the distinction with regard to the hides of a craftsman than it did to introduce the distinction with regard to ritual impurity. The Gemara notes that this issue is parallel to a dispute between tanna’im, as it was taught in a baraita: With regard to hides belonging to a homeowner, one may move them on Shabbat, and those of a craftsman, one may not move them. Rabbi Yosei says: With regard to both these, the hides of a homeowner, and those, the hides of a craftsman, one may move them. The Gemara relates that those same Sages who sat and discussed the issue of hides, sat again and they raised a dilemma: That which we learned in the mishna: The primary categories of labor, which are prohibited by Torah law on Shabbat, are forty-less-one; to what does this number correspond? That is to say, what is the source of this number? Rabbi Ḥanina bar Ḥama said to them: They correspond to the labors in the Tabernacle. All types of labor that were performed in the Tabernacle are enumerated as primary categories of labor with respect to Shabbat. However, other labors, even if they are significant, are not enumerated among the primary categories of labor since they were not performed in the Tabernacle. Rabbi Yonatan, son of Rabbi Elazar, said to them that so said Rabbi Shimon, son of Rabbi Yosei ben Lakonya: They correspond to the instances of the words labor, his labor, and the labor of, that appear in the Torah a total of forty-less-one times. Rav Yosef raised a dilemma: The term his labor is written with regard to Joseph: “And it came to pass about this time, that he came into the house to do his labor; and there was none of the men of the house there within” (Genesis 39:11). Is it included in the count of the thirty-nine instances or not? Abaye said to him: And let us bring a Torah scroll and count the instances of the word labor and thereby determine whether or not there are thirty-nine instances without that one. Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said in a case of similar uncertainty: They did not move from there until they brought a Torah scroll and counted them? Rav Yosef said to Abaye: I cannot reach a conclusion relying solely on a count because there is another instance of the term labor, whose meaning is not clear to me. The reason I am uncertain is because it is written with regard to the Tabernacle: “For the labor they had was sufficient for all the work to do it, and too much” (Exodus 36:7). The question arises whether or not this mention of labor is included in the count of thirty-nine instances, i.e., whether or not it refers to actual labor. And if it does, that verse with regard to Joseph should be understood in accordance with the opinion of the one who said that the expression, to do his labor, is a euphemism. It means that it was to attend to his needs and engage in relations with Potiphar’s wife that he entered. Or, perhaps, the verse relating to Joseph: “He came into the house to do his labor,” is included in the count, and it refers to actual labor. And this verse: “The labor they had was sufficient,” is saying the following: That they completed the preparatory labor, i.e., they brought all the materials, not that they engaged in the actual labor. Let the uncertainty stand unresolved. With regard to the matter itself, it was taught in a baraita in accordance with the opinion of the one who said that the thirty-nine labors of Shabbat correspond to the labors performed in the Tabernacle. As it was taught in a baraita: One is only liable for performing a labor to which there was a corresponding labor in the Tabernacle. They sowed in order to grow dyes for the Tabernacle, and therefore you may not sow on Shabbat. They reaped, and therefore you may not reap on Shabbat. They lifted the boards from the ground in the wilderness, which is a public domain, and placed them into the wagon, which is a private domain, and therefore you shall not carry objects in from the public domain to the private domain on Shabbat. They lowered the boards from the wagon to the ground, and therefore you shall not carry objects out from the private domain to the public domain on Shabbat. They took boards and other objects out and passed them from wagon to wagon, i.e., from one private domain to another private domain, and therefore you shall not take objects out from one private domain to another private domain on Shabbat. The Gemara expresses astonishment with regard to the last clause of the baraita: One who takes an object out from one private domain to another private domain, what prohibited labor is he thereby performing? The Gemara answers: It was Abaye and Rava who both said, and some say that it was Rav Adda bar Ahava who said: This is referring to taking an object out from one private domain to another private domain via the public domain, as the space between the two wagons in the wilderness was a public domain. We learned in the mishna: One may insulate food in wool fleece, and he may not move it. Rava said: This halakha that fleece may not be moved on Shabbat applies only to a case where one did not insulate food in it. Only in that case is it set-aside. However, if one insulated cooked food in it, he may move it. By insulating food in the fleece, he indicated that he intends to use it on Shabbat. A certain Sage for whom it was his first day in that study hall raised an objection to Rava from our mishna: One may insulate food in wool fleece, and one may not move it. How, then, does he act if he insulated food in wool fleece and now wishes to remove the pot?
רש"ר הירש לשמות לה, לג:
מלאכת מחשבת – כמשמעה: מלאכה שיש בה משום מחשבה. הרי זה הביטוי המיוחד הנותן סימן במהותו העיקרית של מכלול העשייה שבאה לכלל אומנות התקנתו של המשכן, ולפיכך הוא קובע גם את מושג המלאכות האסורות בשבת שמשפטן, כידוע, כמשפט מלאכת המשכן. בכך נקבעת מלאכת האדם, במלוא משמעותה, כהגשמתה הייצרנית המודעת של המחשבה על־ידי תבונת הכפיים של האדם.
ובכן, שביתת המלאכה בשבת היא אות וסמל עד סוף כל הדורות, לאמור: ה' האחד והיחיד הוא בורא עולם ואדון הכל, ואתה, האדם, מיועד לעובדו יחד עם כל היקום...
הגדרת המושג "מלאכה" האסורה בשבת היא אפוא... ייצור, התקנה ועיבוד של חפץ לצורכי בני אדם, אך לא מאמץ גופני. יכול אדם לעמול כל היום כולו, ואם לא יצר דבר ולא הוציא מן הכוח אל הפועל מחשבה כלשהי בגופו של חפץ – לא עשה שום "מלאכה". לעומת זאת, אם גרם בלא שום התאמצות שינוי, ויהא הקל שבקלים, בגופו של חפץ לצורכי בני אדם – כי אז חילל את השבת, גידף את ה' ושם לאל את ייעודו.
In everything, God always requires you, as a Jewish father, to instill in your children whom God has graced you with, while they are still with their father, that which God asks from you and your offspring. While they are still young, bring them close to God and encourage the desire in their hearts to be connected, embraced, and clinging to the Jewish people's life and fate. But on the evening of that day when you, yourself, celebrate the birthday of the Jewish people, God's creation of this amazing nation amid mankind, the beginning of your mission as a Jew — God dedicated this evening to sanctifying your offspring, to bringing your children into the covenant with you, your young children upon whose closeness to God or, God forbid, their profaning His name, the eternity of the Jewish people and the future of our nation depend upon. Through these children, you may nurture the planting of renown (alluding to Ezekiel 34:29), which God planted for eternity through the exodus from Egypt. So that they may grow and become worthy of being the fruit of holiness for jubilation — when you pass around the pieces of the bread of affliction [the matzah] to yourself and to them, while you are connecting to the mission of your people and the dedication of the Jewish people to the God of their fathers and His Torah — do not minimize the words that come out of the purity of your heart. Speak to them, to your children, and let them hear about the supernal nature of this sublime mission, to be a father to Jewish children and to be children of the living God. Teach them the concept of the bread of affliction; acquaint them with the spirit of the Passover holiday, which ascends upon high. Make them understand the supernal nature of God's deeds and wonders in Egypt and of the name of Israel, which He bequeathed to His people when He took them out from darkness to light and from slavery to freedom. Circumcision (Milah) When Avraham was 99 years old, Hashem appeared to him and said: "I am the Almighty God; walk before Me and be complete! I establish My covenant between Me and you, and I will multiply you exceedingly." Then Avraham fell on his face, and God spoke to him, saying: "Behold, My covenant is with you, and you shall become the father of a multitude of nations. No longer shall your name be called Avram; rather, your name shall be Avraham, for I have made you the father of many nations. I will make you exceedingly fruitful, and I will establish you as nations, and kings will descend from you. I will uphold My covenant between Me and you and your descendants after you throughout their generations as an everlasting covenant, to be God to you and to your descendants after you. I give to you and your descendants after you the land of your sojournings, the entire land of Canaan, as an everlasting possession, and I will be their God." God then said to Avraham: "But you must also observe My covenant, you and your descendants after you throughout their generations. This is My covenant, which you shall observe between Me and you and your descendants after you: Every male among you shall be circumcised. You shall circumcise the flesh of your foreskin, and this shall be the sign of the covenant between Me and you. At eight days old, every male among you shall be circumcised throughout your generations, whether born in your house or purchased with silver from a foreigner who is not of your descendants. Those born in your household and those bought with your silver must be circumcised, so that My covenant shall be in your flesh as an everlasting covenant. Any uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant." (Genesis 17:1-14) Hashem also commanded Mosheh: "Speak to the children of Israel, saying: If a woman gives birth to a male child, on the eighth day the flesh of his foreskin shall be circumcised." (Leviticus 12:2-3) "Walk before Me and be complete!" Let your entire life be lived before My all-encompassing presence. In every moment of your existence, direct your gaze toward Me and dedicate every part of your life to My service! And thus, be whole! Do not divide your being—thinking that your spirit belongs to Heaven while your body belongs to the earth, that you serve God with your soul while indulging the desires of the flesh. Be whole! See even your body as an instrument of divine service, and recognize that every power, even those of the body, has been entrusted to you for a sacred purpose. Dedicate your body to Me just as you dedicate your soul, and thus be whole and unified—your entire being moved by a single thought, consecrated to the One and Only God. Thus, God spoke to Avraham when He commanded him to place His seal on the most physical part of his body, thereby sanctifying and consecrating the body for divine purpose. You must keep the forces of your body sacred. Do not squander them in base sensual indulgence. Do not use them against the will of your God, but rather for the purpose for which He has given them to you. Be a complete human, a complete servant of God! Even in the most physical of acts, see only a sacred duty meant for the holy purpose of building the world. Keep your physical strength sacred for this divine purpose and restrain the demands of the flesh within these sacred bounds. Know that God will hold you accountable for every ounce of energy you waste outside His service or use against His will. Let the seal of Avraham remind you of this! Let it restrain your actions when desire tempts you to stray. Be wise and understand! Do not deceive yourself by thinking: "There is nothing in the world as much under my control as my own body. Whom would I harm if I use my body according to my desires?" But know that in doing so, you sin against God, your Creator, who owns both you and your body, with all its desires and inclinations. He is your Father, the One who placed upon your flesh the holy covenantal seal. This is a sign that you must rule over your body and its desires, sanctifying them for God's purpose. The eternal survival of your people is also founded upon the preservation of the holiness and purity of the covenantal seal. It was designed in such a way that, among Israel, base physical desire cannot dominate entirely, leading to the corruption of the entire generation and its annihilation from among the nations—as happened to other peoples, whose indulgence in bodily lusts weakened them and drained the strength of their vitality, causing their destruction. But in Israel, even among sinful ancestors, pure children are born, ready to grow like strong seedlings. This ensures that from generation to generation, the Garden of God will flourish anew, and the spirit and glory of God will walk among it. When the spirit of a past generation has fallen due to its corruption, a new generation will arise in Israel, untouched by its predecessor’s impurity. But the desecration of the covenantal seal leads to human degradation, reducing one to the level of an animal, causing moral corruption, and bringing impurity into future generations. It defiles the dignity of family life, bringing upon them terrible and lasting afflictions that become an inheritance of disease from weakened ancestors to their descendants. Only a body that is strong and steadfast in holiness and purity can house a strong and sacred spirit. Thus says the Lord: "I will establish My covenant between Me and you and your descendants after you, for their generations, as an everlasting covenant—to be God to you and your descendants after you… And you shall keep My covenant, you and your descendants after you, for their generations. This is My covenant that you shall keep between Me and you and your descendants after you: Every male among you shall be circumcised… And an uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant.” One who rejects this covenant severs his connection to God and uproots the very foundations of his existence. Thus, God spoke to Avraham, and thus He speaks to every descendant of Avraham. And you, young men reading these words, do not carry the seal of Avraham in vain! Do not let yourselves be swept away by the degeneracy of the times! If you are truly the children of Avraham, you must uphold a high standard. Let this seal protect you from moral corruption! Let it strengthen you in times of struggle—it will surely help you achieve victory. When youth everywhere withers like a decayed flower, when society rushes toward spiritual decline, let your pride be in remaining strong, in standing firm in the holy calling that you bear as a son of Israel. "Walk before Me always and be pure, unblemished, and whole!" This is what God calls upon you to do through the seal of the covenant at every moment when temptation arises. Will you mock this call? Will you throw away the honor of Israel for the sake of fleeting animal pleasure? It is the duty of the father not only to physically nurture his child but also to raise him in mind and heart as a true human being and a Jew. Therefore, the father bears the responsibility to bring his son into the covenant of Avraham on the eighth day. If he neglects this duty, the communal authorities must ensure it is carried out. If they too fail, then every male descendant of Avraham, upon reaching religious maturity, is obligated to undergo circumcision himself. If he refuses, the Torah states: "That person shall be cut off from his people." Since circumcision is not merely a physical alteration but a spiritual elevation—raising the human being from animalistic indulgence to moral responsibility—it must be performed in the daytime, the time of action and purpose. A healthy child must be circumcised on the eighth day. If the child is sick or physically weak, circumcision is postponed until full recovery. If the illness affected the entire body, the procedure must be delayed for seven full days after recovery. If the condition affected only one limb, it is performed as soon as the child has regained strength. Since circumcision is an irreversible act, it is delayed in cases of doubt to protect the child's life. If two previous brothers died due to circumcision, a third son is circumcised only after he has grown stronger. If there is uncertainty about the exact birth time—whether it occurred before or after nightfall—the eighth day is counted from the following day. If the eighth day falls on Shabbat or a festival, circumcision is postponed to the ninth day unless it is known with certainty that the child was born during the day. All additional laws regarding circumcision can be found in sections 260-266. This is the “sin” through which a private individual falls and is humbled from his exalted position; this very sin is the one through which nations have strayed and have been wiped away from under the heavens of the Lord, and generations of human beings have been brought low to the dust. And it is none other than the sin and the iniquity through which Israel also fell and was humbled, because, due to this sin, “idolatry and the lusts of the senses” will always accompany him—yet such a thing must not be, for Israel must not descend to such a low level without the possibility of rising again, heaven forbid. For the Torah has acted countless times because of this and has always concerned itself to prevent Israel from being swallowed up and from being destroyed from the land. Therefore, let us not forget that the Lord placed us in the world of the Lord, for this world is the “property of the Lord,” and its gifts are given to us only for a specific purpose. To us have been entrusted many testimonies, commandments, and laws, some of which we have already come to know intellectually, and upon these depend also the commandments concerning the acquisition of the land—“new produce” and “orlah.” But just as the Lord gave the land to man to “serve and guard it,” so the Lord, for a second time in His world, bequeathed the “Land of Israel” to His people to be “the portion of their inheritance” according to their special actions. Israel, which is a people even without land and kingdom, is still called a “people” even before it attains “the land of its possession,” for the bond of nationality is not connected merely to the physical area of a place; rather, Israel is a “people” according to the great and enlightened idea inherent in the spirit of its essence. Israel bears this idea and the testimony of life, which it is called to fulfill, and this is in particular its divinely allotted portion. Nevertheless, because the Lord wished for Israel to be a “people” even in its external state among the nations, He gave it also a “special land” according to the special actions of His people. But in order that this land—which is intended to serve as the means to bring into effect the “name and testimony of Israel” in its fullness—does not become a source of stumbling or of corruption through the sin of property acquisition, the Lord commanded His people to observe these commandments in the land: “Shemittah” (the Sabbatical year), “Yovel” (the Jubilee), “Bikkurim” (first fruits), “Terumah” (offering), “Ma’aser” (tithes), “Challah” (dough offering). Especially concerning the acquisition of the land of Israel, Shemittah and Yovel, on the one hand, testify in themselves as a judgment of justice, since the Lord is the Master of all this property; and on the other hand, by prohibiting the labor of the land in its acquisition, they testify according to the understanding of “Sabbath” with regard to property acquisition in general. We must consider, on the one hand, “new produce” and “orlah” with regard to the acquisition of land in general, and on the other hand, “Bikkurim,” “Terumah,” “Ma’aser,” and “Challah,” since they are intended specifically for the acquisition of the “Land of Israel.” Of these latter, we will only mention “Challah,” which, according to the Kabbalah, remains incumbent upon us even now. Behold, if you have given your word and promise to give over ownership and money has been given in accordance with the decree, however, the sale has not been finalized by one of the methods of acquisition — we may not say that the matter was completed and they are allowed to go back on it. Nevertheless, if either the buyer or the seller goes back on it after money was received or after the buyer placed a sign on the merchandise, the curse of, "He who exacted payment," is given to him in court. That is, "He Who exacted payment from the people of the generation of the flood, and from the people of the generation of the dispersion, and from the people of Sodom and Gomorrah, and from the Egyptians at the Sea, He will exact payment from whoever does not stand by his word" (Bava Metzia 48a). And even one who only does business orally is obligated by his word, even though he has not performed an action. Yet even though a buyer or seller who only goes back on his word does not receive the curse of "He who exacted payment," he is called one lacking in faith. Anyone who promises something to his fellow in a way that his fellow should be able to rely upon it and goes back on it is considered someone lacking in faith (Choshen Mishpat 204). Indeed it is so — do not destroy [bal taschit]! That is God's first great general call to you, man. That is when you see yourself as the ruler and governor over the face of His earth. Behold, you see dirt, plants, and animals around you; and they already carry the seal of your human projects, to study and appraise them, through human effort and ingenuity, to serve your human purposes, to have them become your shelter, clothing, sustenance, and tools. So you have acquired them, that they should be in your possession, such that you stand amid your rulership over the face of the earth and all that exists are your servants to do your will and bidding. Yet you suddenly raise your hand to amuse yourself or to pour out your anger and swallow up and destroy something that can [otherwise] be used for your purposes. But you want to pound and break and obliterate that thing that you can make helpful and use properly. You surely desire this since, when you see creations below your level as things disconnected from justice and righteousness, you do not fear the Lord. Yet He is indeed their Shield and Protector, taking up their case with justice. So instead of thinking about them as means for the thoughtful acts of man, you see them haughtily, to have your power and the might of your will rule over them and to pour out your furious rage over them. Then the voice of God's great call thunders over you, "Do not destroy! Get away from it; act like a human being!" For it is truly only by using that which exists around you for the thoughtful and reasonable use of man as My Torah guides and designates that you are a man. Then you have power and possession over them. For I have given you, man, power and possession over them by way of a divine mandate. However, if you destroy, if you ruin, if you obliterate, you are no longer man, but rather a wild animal or a predatory beast, so that you no longer have possession over what exists around you. For I have lent them to you only for wise human use. So don't ever forget that I am the One who lent them to you! However, if you act perversely, if you act without intelligence and good sense towards anything, small or big, behold you are acting wickedly, rebelling and stealing from God's earth! Behold, you then turn into a murderer and robber of God's possessions. You are a sinner, and you have violated the holiness of the possession. Then God will make this call to you and protect everything, small or big, with this call. With the utterance of this word, He will grant righteous justice to the small or big against the plots of your heart and the violence of your hand! It is not for the sake of the prevention of bodily sickness that God arranged these laws about your food. Rather the Torah itself explains their reason: Just like the Temple of God, which symbolizes the ideal of the holy and sanctifies you for His sake, becomes defiled by impurity - that is, anything that is foreign to, or below the human realm (see the section on Service, Chapter 21) - so too are the forbidden foods "impure" for the holy sanctuary that you yourself constitute. Your body, your soul and your spirit form the essential playing field of your existence, which is designated for holiness. If you eat these foods, your body may well be nourished and become fatter. However, your animal impulse will be greatly aroused; or your body will only become a tool for your spirit. Instead of your soul becoming sanctified - meaning raising itself above any trace of animalism - it will descend to this low level, or become apathetic and lethargic. And your spirit can expect to encounter a greater struggle for which it is less equipped. It calls out to you again and again: It is impure to you! Do not defile yourselves with them! You will become impure from them! The meaning of becoming impure is to compromise preparedness for the designation of holiness. And behold you have been designated to be holy people, the children of a great holy congregation; and you have been chosen to attach yourselves to God and to walk in His ways. God said to you to be holy, "since I, your God, am holy." So then, you must guard your bodies like the holy sanctuary for your divine souls. As behold, the body is also for God. And that which is generally referred to as impure (tumah) is also referred to as something repulsive (sheketz), a disgusting thing. Something repulsive and disgusting is something that you reject on your own as a foreign body that is unfit for your constitution. And so just like your body naturally rejects anything that the sense of taste finds to be a foreign substance or unfit; so too must you reject these foods because they are repulsive, foreign and unfit for your spiritual constitution. Lest your spiritual constitution itself become repulsive, and you become distanced and turn away from your holy designation which you are meant to carry as a Jew. Likewise, abomination (toevah) - your spiritual constitution should abominate these foods, since they are antithetical to your spiritual designation and only nourish your animal impulse. These are the words of God's Torah. The main things about a mikveh (ritual bath) are: That the water should not be gathered by a person's possession, meaning a vessel; and also not arrive through any object that is susceptible to becoming impure. And [the water] must be gathered in one place. It can be flowing water or rain water that has not flown through or over anything that is susceptible to becoming impure. When rain water, it must be standing and not running. And the mikveh needs to have the necessary amount of water, and the like. Regarding the immersion, there may not be anything that separates between the thing that is being immersed and the water; and it must be completely placed within the water of the mikveh and fully immersed. (See Yoreh Deah 120, 201, 202.) Be fruitful and multiply! From now on, plant the planting of your species in the world. From now on, grow the thread of life at every instance and every time. Raise your offspring for all time so that they will continue to build and establish what you have left still unfinished and not yet sturdy. Plant your vine in the garden of the Lord, your species on the earth, so that it will grow to be a faithful planting in the vineyard of the House of Israel. And do everything in your power for your offspring, to raise them and educate them for God. And all the good things that you have acquired, fear of God, love of God, trust in God, living with faith in God — bequeath all these things to the next generation. With such an inheritance, you will continue through your offspring and their actions; and you, too, will live on and be remembered eternally. Let your house not be closed and sealed only for yourself and your household, to be a place of rest and peace only for yourselves. Rather let it be open for the benefit of the desolate poor people, for the hungry, the thirsty and for all who seek shelter and refuge for themselves. You should happily and lovingly bring in any guest who has no other letter of introduction that would recommend him except for that which comes from his being a creation of the Omnipotent, a son of our Father in Heaven. Hence receive him joyfully, bring him into your house, supply his needs and even accompany him [when he leaves] so that he will be secure on his journey. On these days that are memorial days of joy, they should not say such things that mention something sad relating to the fleetingness of life or sad thoughts about distressing matters - like veHu rachum (and He is merciful), rachum vechanun (merciful and compassionate), El erekh apayim (God full of patience) and yaankha (He should answer you). Likewise [is this the case] on other days primarily marked by joy besides Channukah and Purim: The fifteenth of Av; the fifteenth of Shevat; Rosh Chodesh (the first day of the month); Purim Katan; the thirty-third day of the omer; the eves of Yom Kippur and Rosh HaShanah; all of the month of Nissan; the days between Yom Kippur and Sukkot; from Rosh Chodesh Sivan until the day after Shavuot. Also [is this true] on private days of joy that have a national character, like a house of nuptials and a milah (circumcision). (They say yaankha at a milah with regard to the child for his healing.) Also [do we omit these] at the house of a mourner and on Tisha B'Av, for other reasons. 2) Festivals First we acknowledge that the creation of both the body and the spirit of the Jewish people was from God ("You have chosen us... And you have brought us close"); and that the maintenance of the body and the spirit of the nation is also an act of God ("and Your great name"). We then make note of the special import of this holiday ("and gave"). Then we speak about the special character of the day - whether it is about the creation of the Jewish people or its maintenance, the request from God concerning the creation or maintenance of the Jewish people is in, "May it come and may it ascend," and in, "And raise up for us." This is like, "God and God of our Forefathers, accept," on Shabbat. This is to bring down the blessing of the holiday: Life, peace and joy - may they come to fruition in our lives. And after the standing prayer (amidah), we recite the Hallel. On the first days of Pesach and on all the days of Sukkot, it is 'full Hallel,' like Chanukkah. But on the later days of Pesach, it is like Rosh Chodesh (the first day of the month): We skip [some sections] and recite 'half Hallel.' (The reason is explained nicely: It is because the latter days of Pesach do not only remind us of the salvation of the Jewish people, but rather also of the downfall of the Egyptians and their drowning in the sea. So it is like the Sages, may their memory be blessed, say [Yalkut Shimoni on Nakh 1085], that it is not good to say and prolong verse and praise about the destruction of the creations of God. That is why Hallel is not full [on those days]. Tisha B'Av at night: The scroll of Lamentations. It is the emotions of the prophet Jeremiah's soul and his dirge that he took up about the destruction of the holy city of Jerusalem and the Temple. And it is especially about the sin that Jerusalem and his people sinned, which is what caused that awful destruction to happen. And while glancing with eyes full of tears, he instructs and shows the path that leads to repentance and towards the revival of Israel, to renew our days as of old (alluding to Lamentations 5:21). Sukkot: They recite Ecclesiastes in the morning service of Shabbat of the intermediate days of the festival (Chol HaMoed) of Sukkot. As it shows that the maintenance of the body and the spirit of the nation is through God. This is in order to know that, without God, all human competition, all human actions and calculations, as well as the results of the toil of his efforts and his mighty hand - they are altogether empty.
איך אפשר לתלות את דבריהם בחילוק שעשינו לעיל בסעיף "מהות השבת"?
(רמז: נראה ברור שכוונת איסור מלאכה אינה לצורך מנוחה.)
איך אפשר לתלות את התלבטות הגמרא והתוספות בהגדרת אבות ותולדות על פי הכיוונים דלעיל?
שביתה בשביעי ממלאכה מצות עשה שנאמר "וביום השביעי תשבות", וכל העושה בו מלאכה ביטל מצות עשה ועבר על לא תעשה, שנאמר "לא תעשה כל מלאכה". ומה הוא חייב על עשיית מלאכה? אם עשה ברצונו בזדון חייב כרת, ואם היו שם עדים והתראה נסקל, ואם עשה בשגגה חייב קרבן חטאת קבועה.
Resting from labor1Within the context of the Sabbath laws, labor does not refer to strenuous work, but rather to the performance of one of the thirty nine labors that were necessary for the construction of the Temple or a labor which is analogous to them. (See Chapter 7, Halachah 1.)
The Rambam's choice of wording in this halachah is significant. Our Rabbis have offered two definitions of the mitzvah of resting on the Sabbath: In his commentary on Yevamot 6a, the Rashba states that the mitzvah is negative in nature: one refrains from performing prohibited labors. In contrast, in his commentary on Leviticus 23:24, the Ramban explains that the mitzvah possesses a positive dimension: to spend the day in a restful frame of mind, abstaining from all activities - even those that are not forbidden labors - which would disrupt this tranquility.
From the Rambam's choice of wording in this halachah, it would appear that he follows the first view. From his statements in Chapter 21, Halachah 1, however, it would appear that he accepts the second perspective. (See also Tzafenat Paneach.)
on the seventh day fulfills a positive commandment,2Sefer HaMitzvot (Positive Commandment 154) and Sefer HaChinuch (Mitzvah 85) consider this to be one of the 613 mitzvot of the Torah. as [Exodus 23:12] states, "And you shall rest on the seventh day."3In Sefer HaMitzvot (General Principle 9), the Rambam mentions that the commandment to rest on the Sabbath is mentioned 12 times in the Torah. Sefer HaKovetz and others question why the Rambam cites this proof-text in particular. Anyone who performs a labor on this day negates the observance of a positive commandment and also transgresses a negative commandment,4Many of the mitzvot involve a positive and a negative commandment which share a single objective. for [ibid. 20:10] states, "Do not perform any labor [on5 Sefer HaMitzvot (Negative Commandment 320) and Sefer HaChinuch (Mitzvah 32) consider this to be one of the 613 mitzvot of the Torah. it]."
What are the liabilities incurred by a person who performs labor [on this day]? If he does so willingly,6i.e., without being forced by others as a conscious act of defiance,7and not inadvertently.
The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression "willingly, as a conscious act of defiance" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws, and the laws of Yom Kippur (Hilchot Sh'vitat Asor 1:1). With regard to all other transgressions punishable by כרת, the Rambam merely states "as a conscious act of defiance."
The Radbaz explains that it is possible that the Rambam mentioned the concept of "willingly" with regard to these three transgressions because they are the first cases of כרת mentioned in the Mishneh Torah. After mentioning the concept on these three occasions, he does not think further repetition is necessary.
he is liable for karet;8כרת means "cut off." Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being "cut off in this world" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come. if witnesses who administer a warning are present,9As explained in Hilchot Sanhedrin 12:1-2, punishment is not administered for the violation of a transgression unless the transgressor is made aware of the punishment he could receive for his deed. he should be stoned [to death].10See Numbers 15:35. This is the most severe form of execution. If he performs [labor] without being conscious of the transgression,11accidentally, performing a forbidden labor or doing so without awareness of the transgression involved he is liable to bring a sin offering of a fixed nature.12The Rambam uses this term to differentiate the sin offering required from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. See Hilchot Shegagot 1:4.
נאמר בתורה "תשבות", אפילו מדברים שאינן מלאכה חייב לשבות מהן. ודברים הרבה הן שאסרו חכמים משום שבות, מהן דברים אסורים מפני שהן דומים למלאכות ומהן דברים אסורים גזרה שמא יבוא מהן איסור סקילה...
[Regarding the Sabbath,] the Torah [Exodus 23:12] states: "[On the seventh day,] you shall cease activity." [This implies] ceasing [even the performance of certain] activities that are not [included in the categories of the forbidden] labors.1As mentioned in the notes on Chapter 1, this statement has raised the attention of the commentaries concerned with how the Rambam defines the scope of the positive commandment to cease activity on the Sabbath. Many authorities explain that this positive commandment is merely a restatement of the prohibition against performing forbidden labors. Others (see the commentary of the Ramban on Exodus 23:12 encompasses holding back from performing any activity that will disturb the atmosphere of rest and peace that characterizes the Sabbath.
[The Torah left the definition of the scope of this commandment to] the Sages, [who] forbade many activities as sh'vut. Some activities are forbidden because they resemble the forbidden labors, while other activities are forbidden lest they lead one to commit a forbidden labor. These [activities] include the following:2The Rambam uses the next four chapters to delineate various activities that were forbidden because of the two reasons he mentions above. In his discussion of this matter, he gives examples of activities that are related to each of the categories of forbidden labor.
אסרו חכמים לטלטל מקצת דברים בשבת כדרך שהוא עושה בחול. ומפני מה נגעו באיסור זה? אמרו, ומה אם הזהירו נביאים וצוו שלא יהיה הילוכך בשבת כהילוכך בחול ולא שיחת השבת כשיחת החול, שנאמר "ודבר דבר", קל וחומר שלא יהיה טלטול בשבת כטלטול בחול, כדי שלא יהיה כיום חול בעיניו ויבוא להגביה ולתקן כלים מפינה לפינה או מבית לבית או להצניע אבנים וכיוצא בהן, שהרי הוא בטל ויושב בביתו ויבקש דבר שיתעסק בו ונמצא שלא שבת ובטל הטעם שנאמר בתורה "למען ינוח".
The Sages forbade the carrying of certain objects on the Sabbath in the same manner as [one carries] during the week. Why was this prohibition instituted?46In this and in the following halachah, the Rambam sets the conceptual basis for the prohibitions described as muktzeh. The particular laws that result from these principles are described in the following two chapters. [Our Sages] said: If the prophets warned that the manner in which a person walks on the Sabbath should not resemble the manner in which he walks during the week, and similarly, one's conversation on the Sabbath should not resemble one's conversation during the week, as it is written, "[refraining from]... speaking about [mundane] matters," surely the manner in which one carries on the Sabbath should not resemble the manner in which one carries during the week.
In this manner, no one will regard [the Sabbath] as an ordinary weekday and lift up and repair articles, [carrying them] from room to room, or from house to house, or set aside stones and the like. [These restrictions are necessary] for since the person is idle and sitting at home, [it is likely that] he will seek something with which to occupy himself. Thus, he will not have ceased activity and will have negated the motivating principle for the Torah's commandment [Deuteronomy 5:14], "Thus... will rest."47See the notes on the beginning of Chapter 21, which use this halachah as a support for the principle that the positive commandment to rest on the Sabbath is more than just a restatement of the negative commandment not to perform forbidden labor.
עי' מש"כ רבינו ז"ל לקמן פ' כד הל' יב, והטעם דלגבי שבת הוה העשה מנוחה ולא ביטל מלאכה.
[Regarding the Sabbath,] the Torah [Exodus 23:12] states: "[On the seventh day,] you shall cease activity." [This implies] ceasing [even the performance of certain] activities that are not [included in the categories of the forbidden] labors.1As mentioned in the notes on Chapter 1, this statement has raised the attention of the commentaries concerned with how the Rambam defines the scope of the positive commandment to cease activity on the Sabbath. Many authorities explain that this positive commandment is merely a restatement of the prohibition against performing forbidden labors. Others (see the commentary of the Ramban on Exodus 23:12 encompasses holding back from performing any activity that will disturb the atmosphere of rest and peace that characterizes the Sabbath.
[The Torah left the definition of the scope of this commandment to] the Sages, [who] forbade many activities as sh'vut. Some activities are forbidden because they resemble the forbidden labors, while other activities are forbidden lest they lead one to commit a forbidden labor. These [activities] include the following:2The Rambam uses the next four chapters to delineate various activities that were forbidden because of the two reasons he mentions above. In his discussion of this matter, he gives examples of activities that are related to each of the categories of forbidden labor.
צפנת פענח על בבא קמא ס ע"א, ד"ה 'גמרא ר"א אומר':
וזה תליא אי הדישה היא עצם הפעולה או רק מחמת שעי"ז נידש שכן הך עשה דשבת ביום השביעי תשבות היכא דהוה רק גרם אף היכא דהמלאכה היא כן כמו זורה... לשי' רבינו בהל' שבת פ"ט ה"א דזהו עיקר הלאו דלא תעשה אתה ובהמתך.
איך אפשר להסביר את דברינו עד כאן על פי הכיוונים דלעיל?
(רמז: נראה שיש כאן שאלה יסודית, אם העיקר הוא המעשים האסורים, ואז האבות כנראה נלמדים ממלאכות המשכן ותו לא, או שהעיקר הוא התוצאה ואז אפשר לרבות דברים אחרים, כעין דברי הרמב"ם בפירוש המשניות לגבי תולדות.
הרש"ר הירש מדגיש את התכנון ואת התוצאה – איך הוא מנמק את איסור מלאכה בשבת, האם לשם התעלות לרוחניות או לצורך האדם? לעומת זאת, לאיזה כיוון הולך הרגוטשובר בצפנת פענח, ואיך אפשר להסביר על פי דבריו את החילוק בין מצוות העשה דשביתה והלאו דאיסור מלאכה על ידי הכיוונים הנ"ל?
נזכיר שגם בתוך עולם המעשה ניתן לראות הן את צד הטרחה [כצפנת פענח] והן את צד ההידמות לקב"ה [כגליוני הש"ס].)

פסיק רישא

הצד צבי וכו'. תנו רבנן: הצד חלזון והפוצעו - אינו חייב אלא אחת, רבי יהודה אומר: חייב שתים. שהיה רבי יהודה אומר: פציעה - בכלל דישה. אמרו לו: אין פציעה בכלל דישה. אמר רבא: מאי טעמא דרבנן - קסברי: אין דישה אלא לגדולי קרקע. וליחייב נמי משום נטילת נשמה! אמר רבי יוחנן: שפצעו מת. רבא אמר: אפילו תימא שפצעו חי, מתעסק הוא אצל נטילת נשמה. והא אביי ורבא דאמרי תרווייהו: מודה רבי שמעון בפסיק רישא ולא ימות! - שאני הכא, דכמה דאית ביה נשמה - טפי ניחא ליה, כי היכי דליציל ציבעיה.
As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life.
קובץ שיעורים כתובות יח:
במחלוקת הערוך ותוס' בפס"ר דלא ניחא ליה, לכאורה נראה טעם מחלוקת זו דתלוי בטעמא דמודה ר"ש בפס"ר, דיש לפרש בזה שני טעמים: א) כגון בנזיר חופף אבל לא סורק דסריקה היא פס"ר, די"ל כיון שיודע דבסריקתו יתלוש שערות מיקרי מכוין לתלישה, אבל היכא דלא ניחא ליה ע"כ אינו מכוין, ב) כיון דסריקה היא פס"ר לתלישה נמצא דתלישה בכלל סריקה, וסגי במה שמכוין לסריקה אף שאינו מכוין לתלישה דהתלישה נכללת בהסריקה, וא"כ אפילו לא ניחא ליה בתלישה אין לפוטרו משום אינו מתכוין דהא מתכוין לסריקה ותלישה בכלל סריקה כיון דא"א לזו בלא זו, והיינו דא"צ כונה לגוף המלאכה אלא סגי במה שמתכוין להמעשה שהמלאכה נכללת בה בהכרח.
ב"פסיק רישא" מדובר במקרה שאדם עושה פעולה שיש בה תוצאה אסורה ודאית, אבל אינו מתכוון אליה. השאלה היא למה כשהתוצאה ודאית ר"ש מסכים שחייב, למרות שבדרך כלל באינו מתכוון פטור. הקובץ שיעורים מעלה שתי אפשרויות. מהן?
(רמז: פטור מעשה בלי כוונה יכול לנבוע משתי סיבות: או שהכוונה היא העיקר, או שהמעשה הוא העיקר אבל בלי כוונת האדם המעשה לא מתייחס אליו.)
מכאן אפשר להמשיך לכיוונים דלעיל. כיצד?
(רמז: מה העיקר לפי הרש"ר הירש – המחשבה והתכנון או המעשה? ומה יגיד המורה נבוכים? וגליוני הש"ס?)
אינו מתכוון
מתני'. עגלה של קטן טמאה מדרס, ונטלת בשבת, ואינה נגררת אלא על גבי כלים. רבי יהודה אומר: כל הכלים אין נגררין, חוץ מן העגלה, מפני שהיא כובשת.
גמ'. ...ואינה נגררת אלא על גבי כלים. על גבי כלים - אין, על גבי קרקע - לא, מאי טעמא - דקא עביד חריץ. מני - רבי יהודה היא, דאמר: דבר שאין מתכוין אסור. דאי רבי שמעון - האמר: דבר שאין מתכוין מותר. דתניא, רבי שמעון אומר: גורר אדם מטה כסא וספסל, ובלבד שלא יתכוין לעשות חריץ.
MISHNA: The aforementioned pepper mill is a composite vessel, and each of its parts must be considered independently with respect to ritual impurity. It is susceptible to ritual impurity because of each of the three vessels of which it is comprised: It is susceptible to impurity because it is a wooden receptacle, it is susceptible to impurity because it is a metal vessel, and it is susceptible to impurity because it is a sieve. GEMARA: A Sage taught: The lower section of the mill is susceptible to impurity because it is viewed as a receptacle, since the ground pepper descends into it. The middle section is susceptible to impurity because it is a sieve, as it serves to filter the pepper. Finally, the upper part, in which the pepper is actually ground, is susceptible to impurity because it is a metal vessel. Although it is not a receptacle, it is nevertheless susceptible to impurity, since it is made of metal. MISHNA: A child’s wagon, with which he plays and upon which he also sits, is susceptible to ritual impurity imparted by treading. It is considered a fixed seat of the child, so that if the child is a zav and he sits on the wagon, it contracts the ritual impurity imparted by the treading of a zav. And this wagon may be handled on Shabbat, as it is considered a vessel. And it may be dragged on the ground on Shabbat only upon cloth, a stone pavement, or the like, as otherwise it would create a furrow when dragged, and one would be liable due to the prohibited labor of plowing. Rabbi Yehuda says: For this reason, no vessels may be dragged on the ground on Shabbat except for a wagon, which is permitted because its wheels do not make a furrow in the ground but merely press the earth down. Since no earth is moved from its place, this is not considered digging or plowing on Shabbat. GEMARA: It is taught in the mishna that a child’s wagon is susceptible to ritual impurity imparted by treading. Why? It is because he leans on it. The mishna also teaches that this wagon may be handled on Shabbat. Why? It is because it has the status of a vessel, and one may handle a vessel on Shabbat. The mishna further teaches that a child’s wagon may be dragged on Shabbat only upon cloth. The Gemara infers: Upon cloth, yes, it is permitted; but directly on the ground, no, it is not permitted. What is the reason for this halakha? It is because he creates a furrow in the ground when he drags the wagon across it. The Gemara asks: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yehuda, who said: An unintentional act, i.e., a permitted action from which an unintended prohibited labor ensues on Shabbat, is prohibited, even though the person performing it does not have the prohibited labor in mind. As, if it were in accordance with the opinion of Rabbi Shimon, didn’t he say: An unintentional act is permitted, since there was no intention to perform the prohibited action? As we learned explicitly in a mishna that Rabbi Shimon says: A person may drag a bed, a chair, or a bench on the ground, provided that he does not intend to make a furrow. Even if one forms a furrow unwittingly, one need not be concerned, as this was not his intention. The Gemara raises a difficulty: If so, say the latter clause of the mishna as follows: Rabbi Yehuda says: No vessels may be dragged on the ground on Shabbat except for a wagon, because it merely presses the earth down. This is not prohibited as plowing because it does not create a furrow. This indicates that a wagon may be dragged on the ground on Shabbat because, yes, it presses the earth down, but it does not make a furrow. Since it has already been established that the first section of the mishna is also in accordance with the opinion of Rabbi Yehuda, and there it appears that a wagon dragged along the ground makes a furrow, Rabbi Yehuda seems to contradict himself. The Gemara answers: It must be explained that this is a dispute between two tanna’im who hold in accordance with the opinion of Rabbi Yehuda but differ with regard to the content of that opinion. The first tanna holds that even a wagon makes a furrow, whereas the other tanna maintains in the name of Rabbi Yehuda that a wagon does not make a furrow. MISHNA: One may not trap fish from their ponds on a Festival even with the intention of eating them, as this falls into the category of hunting, a type of labor that is not permitted on a Festival. Nor may one place food before them, as it is not his duty to feed them; rather, they maintain themselves by eating smaller fish or different types of algae that grow in the water. However, one may trap an animal or a bird from their enclosures [beivarim], as they are viewed as already captured, and therefore the action is not considered an act of hunting. And one may also place food before them as one does for other household animals. Rabban Shimon ben Gamliel says: Not all enclosures are identical with respect to the halakhot of hunting. This is the principle: With regard to any animal
מה שאין כן בשבת, דפטור - שנתכוין להגביה את התלוש וחתך את המחובר פטור. וכדרב נחמן אמר שמואל, דאמר: המתעסק בחלבים ובעריות - חייב, שכן נהנה. המתעסק בשבת - פטור, מלאכת מחשבת אסרה תורה.
This is the baraita that Rabbi Zakkai taught before Rabbi Yoḥanan: There is a stringency with regard to Shabbat vis-à-vis other mitzvot, and conversely, there is a stringency with regard to other mitzvot vis-à-vis Shabbat. There is a stringency with regard to Shabbat, as with regard to Shabbat, if one performed two distinct acts of labor in one lapse of awareness, he is obligated to bring a sin-offering for each and every act, which is not so with regard to other mitzvot. Conversely, there is a stringency with regard to other mitzvot, as with regard to other mitzvot, if one sinned unwittingly, without intent to perform the act of the transgression at all, he is nevertheless obligated to bring an offering, which is not so with regard to Shabbat. The Gemara examines this baraita in detail. The Master said: There is a stringency with regard to Shabbat, as with regard to Shabbat, if one performed two distinct acts of labor in one lapse of awareness, he is obligated to bring a sin-offering for each act. What are the circumstances? If we say that he unwittingly performed acts of reaping and grinding on Shabbat, the corresponding situation with regard to other mitzvot is a case where one unwittingly consumed forbidden fat and blood. If so, there is no difference between Shabbat and other mitzvot; here, one is obligated to bring two sin-offerings, and there, one is obligated to bring two sin-offerings. Rather, what are the circumstances with regard to other mitzvot where one is obligated to bring only one sin-offering? One is obligated in a case where he consumed forbidden fat and again consumed forbidden fat within one lapse of awareness. The corresponding situation with regard to Shabbat is a case where one performed an act of reaping and performed another act of reaping within one lapse of awareness. In that case too there is no difference between Shabbat and other mitzvot; here, one is obligated to bring one sin-offering, and there, one is obligated to bring one sin-offering. The Gemara comments: And that is the reason that Rabbi Yoḥanan said to Rabbi Zakkai: Go out and teach this baraita outside; it is not worthy of being taught in the study hall. The Gemara asks: What is the difficulty that caused Rabbi Yoḥanan to disregard the baraita? Actually, perhaps I will say to you that the baraita is referring to a case where one performed acts of reaping and grinding on Shabbat, and when the baraita states: Which is not so with regard to other mitzvot, it is not referring to all mitzvot in general; rather, we arrive at the halakha of idol worship, in accordance with the opinion of Rabbi Ami. As Rabbi Ami says: If one sacrificed an animal as an idolatrous offering and burned incense and poured a libation, all in the course of one lapse of awareness, he is obligated to bring only one sin-offering. The Gemara answers: The baraita cannot be interpreted as referring to idol worship, as it teaches in the last clause: There is a stringency with regard to other mitzvot, as with regard to other mitzvot, if one sinned unwittingly, without the intent to perform the act at all, he is nevertheless obligated to bring an offering. The Gemara explains why this cannot be referring to idol worship. What are the circumstances of one who unwittingly transgresses the prohibition of idol worship without the intent to perform the act? If he thought that a house of idol worship was a synagogue and bowed to it, he is certainly exempt, as his heart was directed toward Heaven. Rather, it must be a case where the transgressor saw the statue of a person and bowed to it. If he accepted that person upon himself as a god, he is an intentional transgressor and is liable to receive the death penalty, not to bring an offering. And if he did not accept him upon himself as a god, what he did is nothing. Rather, the baraita must be referring to a case where one worshipped an idol due to love or due to fear of a person, and he was unaware that this is prohibited. This works out well according to Abaye, who says that one who engages in idol worship due to love or fear is liable; accordingly, one who does so unwittingly must bring an offering. But according to Rava, who says that one who does so is exempt, what can be said? Rather, the baraita must be referring to a case where the transgressor says to himself that idol worship is permitted in general. Accordingly, the statement in the baraita: Which is not so in the halakhot of Shabbat, is referring to one who was under the impression that performing labor on Shabbat is permitted. One who performs prohibited labor under those circumstances is completely exempt, while one who transgresses under those circumstances with regard to idol worship is obligated to bring a sin-offering. This interpretation of the baraita is difficult, as Rava asked Rav Naḥman about the halakha in a case where one violated Shabbat during a lapse of awareness of both this, that it was Shabbat, and that the particular labor that he performed is prohibited on Shabbat. And Rava’s question was only with regard to whether to deem the person obligated to bring one sin-offering or whether to deem him obligated to bring two sin-offerings. There is no one who says that such a person is entirely exempt, in accordance with this interpretation of the baraita. Therefore, the baraita cannot be referring to idol worship. The Gemara challenges this conclusion: What is the difficulty in interpreting the baraita as referring to idol worship? Actually, perhaps I will say to you that the first clause of the baraita is referring to the contrast between Shabbat and idol worship, and the last clause is referring to the contrast between Shabbat and other mitzvot. And the halakha of one who transgressed other mitzvot unwittingly, without intent to perform the act, is referring to, e.g., a case where one has forbidden fat in his mouth and thinks it is spittle, and he swallows it. In that case he must bring an offering for his transgression, which is not so with regard to the halakhot of Shabbat, where in a parallel case one would be exempt. As, for example, one who intended to lift a plant that was detached from the ground and mistakenly severed a plant still attached to the ground is exempt. One is not liable for an unintentional act of labor on Shabbat. And this distinction is in accordance with the statement that Rav Naḥman says that Shmuel says, as he says: One who acts unawares with forbidden fats or with those with whom sexual relations are forbidden, i.e., one who accidentally consumed forbidden fat or engaged in forbidden sexual intercourse, without intending to perform the act at all (see Yevamot 54a), is obligated to bring a sin-offering, since he derived pleasure from the transgression. But one who acts unawares on Shabbat, performing forbidden labor, is exempt, as the Torah prohibits only planned labor. Since the baraita can be explained in this manner, the Gemara explains why Rabbi Yoḥanan rejected it anyway: Rabbi Yoḥanan conforms to his standard line of reasoning, in that he does not interpret the first clause of a baraita with one explanation and the last clause of the same baraita with one other explanation. Rabbi Yoḥanan does not accept the premise that a baraita can be referring to a different matter in each clause unless it states so explicitly. As Rabbi Yoḥanan says: Whoever explains to me the mishna concerning a barrel (Bava Metzia 40b) in accordance with the opinion of one tanna, I will carry his clothes after him to the bathhouse, i.e., I will attend him as a servant, as although that mishna can be explained by dividing it into two different opinions, I do not accept that type of explanation. Therefore, Rabbi Yoḥanan does not accept the suggestion that the first clause of the baraita here is referring to idol worship and the last clause is referring to other mitzvot. § The Gemara discusses the matter itself, namely, whether one who engages in several forms of idol worship in the same lapse of awareness brings more than one sin-offering.
יש מחלוקת אם "שאינו מתכוון" חייב בשבת. איך אפשר להבין את המחלוקת על פי דברינו לעיל?
(רמז: אם יש מעשה חילול בלי כוונה וחייב, על מה הוא חייב? ולמאן דאמר שפטור – מה המחייב בשבת? מה העיקר לרש"ר הירש? לצפנת פענח? לגליוני הש"ס?)
ראבי"ה חלק ד סימן תתקו, א:
וגמרי' לה בפסחי' ובנזיר ממשרת ליתן טעם כעיקר יין בפת. ודוגמתו הכי ואמרי' אמר רב נחמן אמר שמואל המתעסק בחלבים ובעריות חייב שכן נהנה וכו'.
איך הבין הראבי"ה את החיוב בחלבים ובעריות?
(רמז: האם החיוב הוא על אכילת החלב או על ההנאה עצמה?)
כתוב שם לראב"ד, פסחים כה ע"א (מדפי הרי"ף):
והיכא דכפאוהו ואכל מצה יצא דשניא אכילה משאר מצות הואיל ונהנה, שכן מצינו (כריתות יט ע"א) מתעסק בשבת פטור אבל מתעסק בחלבים ועריות חייב שכבר נהנה. ורבא הוא דיליף לשאר מצות מאכילת מצה.
איך היה הראב"ד עונה על השאלה הקודמת?
(רמז: חשוב על הדוגמה שלו – מצוות אכילת מצה בליל פסח. האם אדם יצא ידי חובתו בהנאה ממצה?)
אם נחזור לשבת ונתייחס לדעת ר' שמעון שאינו מתכוון פטור – האם הטעם הוא מפני שהמחשבה היא העיקר, או שהמעשה הוא העיקר אלא שבלי כוונה נחשב כאילו לא עשה מעשה? מי אומר מה?
מלאכת מחשבת
תנן התם: המקלף שעורין מקלף אחת אחת ואוכל, ואם קלף ונתן לתוך ידו - חייב. אמר רבי אלעזר: וכן לשבת. איני? והא רב מקלפא ליה דביתהו כסי, כסי, ורבי חייא מקלפא ליה דביתהו כסי, כסי! אלא, אי אתמר אסיפא אתמר: המולל מלילות של חטים - מנפח על יד, על יד, ואוכל, ואם נפח ונתן לתוך חיקו - חייב. אמר רבי אלעזר: וכן לשבת. מתקיף לה רבי אבא בר ממל: ורישא, למעשר - אין, לשבת לא? ומי איכא מידי דלענין שבת לא הוי גמר מלאכה, ולמעשר הוי גמר מלאכה? מתקיף לה רב ששת בריה דרב אידי: ולא? והא גרנן למעשר, דתנן: איזהו גרנן למעשר? הקשואין והדלועין משיפקסו, ושלא פקסו - משיעמיד ערמה. ותנן נמי גבי בצלים: משיעמיד ערמה. ואילו גבי שבת - העמדת ערמה פטור! אלא מאי אית לך למימר - מלאכת מחשבת אסרה תורה, הכא נמי: מלאכת מחשבת אסרה תורה.
but only from the granary and the winepress, so too, teruma of the tithe is separated only from the granary and the winepress. The Gemara asks: If the mishna is referring to produce from which teruma gedola has not been separated, it is appropriate to use the term: Calculates. However, according to the suggestion that it is referring to a first tithe, from which teruma of the tithe must be separated, why does the mishna state: Calculates? The tanna of the mishna should have said: Measures. The amount of teruma gedola to be separated is calculated by estimation, as there is no fixed amount for this teruma according to Torah law. With regard to the teruma separated from first tithe, however, the Torah established the fixed amount of one-tenth, and one is required to measure precisely. The Gemara explains: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Abba Elazar ben Gimmel, as it is taught in a baraita: Abba Elazar ben Gimmel says: The verse states: “And your teruma shall be reckoned to you as though it were the corn of the granary and as the fullness of the winepress” (Numbers 18:27). The verse speaks of two terumot. One is teruma gedola, and the other one is teruma of the tithe. Just as teruma gedola is separated by estimation and is not measured exactly, and it is enough to separate it by thought, as the word “reckoned” implies that the mere intention to separate a particular portion serves to remove the rest of the produce from its untithed state, so too, teruma of the tithe can also be separated by estimation and by thought. § Since it was mentioned incidentally, the Gemara discusses the matter itself: Rabbi Abbahu said that Rabbi Shimon ben Lakish said: With regard to first tithe, in a case in which the Levite preceded the priest while the grain was still on the stalks, its name renders it untithed produce, until he separates from it the teruma of the tithe. The Gemara asks: What is the reason for this halakha? Rava said: Since the name of the first tithe was called upon it, the obligation of the teruma of the tithe takes effect as well. The Gemara cites a similar halakha that Rabbi Shimon ben Lakish said: With regard to first tithe, in a case in which the Levite preceded the priest while the grain was still on the stalks, before it was threshed and turned into a pile, the owner separated first tithe before teruma. In that case, the separated tithe is exempt from teruma gedola. Although teruma gedola should have been separated from the produce first, and it should have included some of the produce taken as the first tithe, the Levite is nevertheless exempt from separating this teruma. This is because it is stated: “And you shall set apart from it a teruma for the Lord, even a tenth part of the tithe” (Numbers 18:26), which indicates: A tenth part of the tithe, i.e., the teruma of the tithe, I, God, said to you that you must separate it, and you are not obligated in both teruma gedola and teruma of the tithe from the first tithe. Rav Pappa said to Abaye: If so, if there is a source for this halakha in the Torah, even if the Levite preceded the priest, i.e., first tithe was separated after the grain had been threshed and the kernels of grain placed in a pile, then it should also be exempt from teruma gedola. Abaye said to Rav Pappa: With regard to your claim, the verse states: “From all that is given you, you shall set apart that which is the Lord’s teruma (Numbers 18:29). This verse indicates that God’s teruma, i.e., teruma gedola, must be taken from all the produce, including the tithe. The Gemara asks: And what did you see that led you to require the separation of teruma gedola from first tithe that was taken from processed grain piled in the granary but not from first tithe that was taken from grain on stalks? Abaye answers: This, grain that has been threshed and placed into piles, is completely processed and has become grain, and that, grain that remains on the stalk, has not yet become grain. Until the grain is threshed and assembled in a pile, the obligation to separate teruma does not take effect, as it is not considered grain. When such unprocessed grain is designated first tithe, it ceases to be untithed produce and the opportunity to separate teruma from it has been missed. However, once the grain has been processed, and the obligation to separate teruma has taken effect, it is as if the teruma is already mixed in, and the obligation to separate it cannot be overridden by the fact that this produce has been designated first tithe. § We learned in a mishna there (Ma’asrot 4:5): One who peels grains of barley to eat them raw may peel them one by one and eat them immediately without tithing them, as this is considered a casual manner of eating. But if he peeled and placed several of them into his hand, he is obligated to separate tithes. Rabbi Elazar said: And a similar halakha applies to Shabbat. Peeling grains of barley one by one is not considered threshing, and it is permitted; if a whole handful of grains are peeled together, this does constitute the prohibited labor of threshing. The Gemara asks: Is that so? But didn’t Rav’s wife peel for him barley on Shabbat by the cupful? And likewise Rabbi Ḥiyya’s wife would peel barley for him on Shabbat by the cupful. Rather, if Rabbi Elazar’s comment was stated in this context, it was stated with regard to the latter clause of that same mishna (Ma’asrot 4:5): With regard to one who husks kernels of wheat by hand, he may blow onto the chaff to disperse it a little at a time and eat the kernels without separating tithes. But if he blows on the kernels and puts a large amount of them into his lap, he is obligated to separate tithes from the food. It was with regard to this teaching that Rabbi Elazar said: And a similar halakha applies to Shabbat. Rabbi Abba bar Memel strongly objects to this: And with regard to the first clause of the mishna, one should conclude: Yes, if one peeled a handful of barley, it is considered prepared with regard to tithes, but no, it is not considered threshing with regard to Shabbat? But is there anything that, with regard to Shabbat, is not considered the completion of the labor and may be performed; and yet, with regard to tithes, it is considered the completion of the labor? Isn’t the prohibition against work on Shabbat far more stringent than tithes in all its details? Rav Sheshet, son of Rav Idi, strongly objects to this claim: And is there no example of a halakha in which tithes are treated more stringently than Shabbat? And is there not the halakha of their granary for tithes, as we learned in a mishna (Ma’asrot 1:5): What is the equivalent of their granary, i.e., the point at which the processing of various vegetables is completed so that they become obligated in tithes? With regard to cucumbers and gourds, they become obligated from when one trims the thin hairs that cover them [misheyefaksu], and for those he did not trim, from when he assembles them in a pile. And we also learned in a mishna (Ma’asrot 1:6), with regard to onions, that it is from when one assembles them in a pile. Whereas with regard to Shabbat, one who assembles produce in a pile is exempt, as this is not a prohibited labor on Shabbat. Rather, what have you to say? Why is one exempt if he forms a pile on Shabbat? The Torah prohibited only planned, constructive labor on Shabbat, the type of work that involves the creation of something new, and the formation of a pile is not considered that kind of labor. Here too, with regard to peeling barley, the Torah prohibited creative work. Although collecting the peeled barley in one’s hand is considered the completion of the labor in respect to tithes, it is not prohibited labor on Shabbat. Apropos husking kernels on Shabbat, the Gemara asks: How may one husk grain on a Festival? Abaye said in the name of Rav Yosef: One finger on another, i.e., one may place the kernels between two fingers and rub. And Rav Avya said in the name of Rav Yosef: One may even do so one on two, i.e., between the thumb and two fingers. Rava said: Since he alters the manner in which he performs the activity, he may even do so with one finger on all the rest. The Gemara further asks: How may one blow on the grain, to winnow it in a permitted manner on Shabbat? Rav Adda bar Ahava said that Rav said: One blows
רבנו חננאל שם:
אלא בשבת מלאכת מחשבת אסרה תורה ולא קא מכוין לפקוסי משום מלאכה אלא לאכשורי אוכלא.
למה לפי רבנו חננאל המקלף פטור? האם זה בגלל חיסרון במעשה או חיסרון במחשבה?
פסקי הרי"ד שם ד"ה 'תנן':
ועניין שבת לא חשיב מלאכה דמלאכת מחשבת אסרה תורה, מלאכה הצריכה אומנות, והקילוף אינו חשוב אומנות.
איך יענה הרי"ד על השאלה הנ"ל? איך אפשר לייחס את המחלוקת לכיוונים דלעיל?
מלאכה שאינה צריכה לגופה
המוציא אוכלין פחות מכשיעור בכלי - פטור אף על הכלי, שהכלי טפלה לו. את החי במטה - פטור אף על המטה, שהמטה טפלה לו. את המת במטה - חייב. וכן כזית מן המת, וכזית מן הנבלה, וכעדשה מן השרץ - חייב. ורבי שמעון פוטר.
as we learned in a mishna, Rabbi Yosei says: If a zav was riding on an animal, and there was a garment beneath it, if he was riding the horse, he renders the garment impure by means of the horse’s front legs. Only then is it impure; if it was beneath the horse’s hind legs it is not. And if he was riding the donkey, he renders the garment impure by means of the donkey’s hind legs. Only then is it impure; if it was beneath the donkey’s front legs it is not. The reason for this distinction is that a horse rests primarily on its front legs, and a donkey rests primarily on its hind legs. But why should a garment beneath the hind legs of a horse or the front legs of a donkey remain ritually pure? Don’t the legs assist each other? Is the reason not because we say that one who assists is insubstantial? Rav Ashi said: We, too, also learned support for this halakha in a different mishna. Rabbi Eliezer says: With regard to a priest that stood in the Temple, and one of his feet was on a vessel, and one of his feet was on the floor, or one of his feet was on a stone, and one of his feet was on the floor, while performing priestly Temple rites; we see, if the vessel was removed or the stone was removed, whether he would still be capable of standing on one foot on the ground. If so, his service is valid. And if he could not stand on one foot, his service is invalid. Is he considered to be standing on the floor, in which case the service is valid, or is he not considered to be standing on the floor, in which case the service is invalid? The Gemara asks: And why, if he would still be capable of standing on one foot, should it be valid? Don’t his legs assist each other? Isn’t the reason because we say: One who assists is insubstantial? Ravina said: We, too, also learned support for this in a different mishna. All service performed in the Temple must be performed with the right hand. If he received the blood in his right hand, and his left hand assisted his right hand, his service is valid. And why is his service valid? Aren’t his hands assisting each other? Isn’t the reason because we say: One who assists is insubstantial? The Gemara concludes: Indeed, learn from this that it is so. The Master said in a baraita cited above: With regard to an action performed by two people, when this person is capable of performing it alone and that person is capable of performing it alone, Rabbi Meir deems them liable. A dilemma was raised before the students: Do we require a measure that determines liability for this person and a measure that determines liability for that one; or perhaps one measure that determines liability is sufficient for them all? Rav Ḥisda and Rav Hamnuna disagreed. One said: There must be a measure that determines liability for this person and a measure that determines liability for that one. And one said: One measure of liability is sufficient for them all. Rav Pappa said in the name of Rava: We, too, also learned a mishna in support of the opinion that one measure is sufficient. It states in the mishna in tractate Zavim: If a zav was sitting on a bed, and there were four garments beneath the four legs of the bed, they are all ritually impure because the bed is incapable of standing on three legs. And why should they be ritually impure? Let them require a measure of the weight of a zav for this garment and a measure of the weight of a zav for that garment. All the garments should only become impure if there was one zav on the bed for each garment. Is it not because we say that in order to make the garments impure one measure of impurity is sufficient for them all? Therefore, both parties are liable for one measure that determines liability. Rav Naḥman bar Yitzḥak said: We, too, also learned an additional support from a different source. With regard to a deer that entered the house, and one person locked the door before it on Shabbat and prevented it from exiting, one is liable for performing the prohibited labor of trapping on Shabbat. If two people locked the door, they are exempt. If one is incapable of locking the door alone, and two people locked it, they are liable. And why are they liable? Let them require a measure of trapping for this person and a measure of trapping for that person. Is it not because we say that one measure of trapping is sufficient for them all? Ravina said: We, too, also learned an additional support from a different source. With regard to partners who stole an animal and slaughtered it, they are obligated to pay four or five times its value, as stated in the Torah. And why are they liable? Let them require a measure of slaughtering for this one and a measure of slaughtering for that one. Is it not because we say that one measure of slaughtering is sufficient for them all? And Rav Ashi said: We, too, also learned an additional support from a similar source. Two people who carried out a weaver’s reed on Shabbat are liable. And why are they liable? Let them require a measure of carrying for this one and a measure of carrying for that one. Is it not because we say that one measure of carrying is sufficient for them all? Rav Aḥa, son of Rava, said to Rav Ashi: This cannot serve as a proof, for perhaps the rod has a measure equivalent to that which is used to cook an easily-cooked egg for this one and an easily-cooked egg for that one. That is the measure that determines liability for carrying out wood on Shabbat. He answered him: If so, let the baraita teach us the halakha with regard to an ordinary reed. What is different here that led the baraita to teach the halakha specifically about a weaver’s reed? Rather, the baraita is certainly referring to a reed that is a single unit. Again Rav Aḥa rejects the proof: And perhaps it has a measure equivalent to that which is used to weave a cloth for this one and to weave a cloth for that one. That is the measure that determines liability. Rather, proof cannot be learned from this baraita. The tanna who recited mishnayot in the study hall taught before Rav Naḥman: Two people who carried out a weaver’s reed on Shabbat are exempt, and Rabbi Shimon deems them liable. Rav Naḥman was surprised at this. He asked: Toward where are you facing? This is the diametric opposite of their opinions. Rather, say an emended baraita: They are liable, and Rabbi Shimon deems them exempt. MISHNA: One who carries out foods less than the measure that determines liability for carrying out food in a vessel on Shabbat is exempt, even for carrying out the vessel, because the vessel is secondary to the food inside it. Since one is not liable for carrying out the food, he is not liable for carrying out the vessel either. Similarly, one who carries out a living person on a bed is exempt, even for carrying out the bed, because the bed is secondary to the person. One who carries out a corpse on a bed is liable. And similarly, one who carries out an olive-bulk of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal, which are the minimal measures of these items that transmit ritual impurity, is liable. And Rabbi Shimon deems him exempt. He holds that one is only liable for performing a prohibited labor for its own sake. One who carries out an object in order to bring it to its destination is liable. However, people carry out a corpse or an animal carcass only to be rid of them. GEMARA: The Sages taught in a baraita: One who carries out the measure that determines liability for carrying out foods in a vessel on Shabbat is liable for carrying out the food and exempt for carrying out the vessel. And if that vessel was needed by him for another purpose, he is liable even for carrying out the vessel. The Gemara wonders with regard to the second halakha: Can we conclude from it that one who eats two olive-bulks of forbidden fat in the course of one lapse of awareness is liable to bring two sin-offerings? In that case, one who carries out a vessel with food inside it has performed two actions that fall under the rubric of one prohibited labor. Why should he be liable to bring two sin-offerings? Rav Sheshet said: With what are we dealing here? We are dealing with a case where
ור' שמעון פוטר – אפילו במת שלם, דהוי מלאכה שאינה צריכה לגופה, וכל מלאכה שאינה צריכה (לגופה) אלא לסלקה מעליו - הוי מלאכה שאינה צריכה לגופה, דברצונו לא באה לו, ולא היה צריך לה, הלכך לאו מלאכת מחשבת היא לר' שמעון.
רבי שמעון פוטר - נראה לר"י דמלאכה שאינה צריכה לגופה קרי כשעושה מלאכה ואין צריך לאותו צורך כעין שהיו צריכין לה במשכן אלא לענין אחר כי הצורך שהיתה מלאכה נעשית בשבילו במשכן הוא גוף (איסור) המלאכה ושורשו.
איך אפשר להסביר את הפטור על פי הכיוונים דלעיל?
(רמז: לפי איזה כיוון המשכן הוא העיקר, לפי איזה כיוון הכוונה היא העיקר ולפי איזה כיוון המעשה הוא העיקר? כאיזה כיוון מלאכה שאינה צריכה לגופה חייב, שהרי זה לא קשור לכוונה?)
מקלקל
הקורע בחמתו, ועל מתו; וכל המקלקלין - פטורין. והמקלקל על מנת לתקן - שיעורו כמתקן. שיעור המלבן והמנפץ והצובע והטווה - כמלא רחב הסיט כפול והאורג שני חוטין - שיעורו כמלא הסיט.
The Gemara explains: It is found in a case where a pocketlike protrusion impedes sewing. Therefore, one tears the garment and tucks the protruding portion under the seam. MISHNA: One who rends his garment in his anger or in anguish over his dead relative is exempt. And anyone else who performs labors destructively on Shabbat is exempt. And one who performs a labor destructively in order to repair is liable, and his measure for liability is equivalent to the measure for one who performs that labor constructively. The measure that determines liability for one who whitens, or one who combs, or one who dyes, or one who spins wool is the full width of a double sit, which is the distance between the forefinger and the middle finger. And for one who weaves two threads, the measure that determines liability is one sit. GEMARA: We learned in the mishna: One who rends his garment in anger or in anguish over his dead relative is exempt. The Gemara raises a contradiction to this based on a baraita: One who rends his garment in his anger or in his mourning or in his anguish over his dead relative is liable for performing a prohibited labor on Shabbat. And even though he desecrates Shabbat by tearing his garment, he nevertheless fulfilled his obligation of rending his garment in mourning. Apparently, one is liable for rending his garment in anguish over the dead. The Gemara answers: This is not difficult, as this mishna, which states one is liable for rending his garment, is referring to his own dead relative for whom he is obligated to tear his garment. And that mishna, which states one is exempt for rending his garment, is referring to any unrelated dead person. The Gemara asks: Didn’t we learn in the mishna: Over his dead relative? The Gemara answers: Actually, the mishna, which says that he is exempt, is referring to his own dead; however, it is referring to those relatives who are not subject to the obligation of mourning by Torah law. The Gemara asks: And even so, if the dead person is a Torah scholar, one is obligated to rend one’s garment in anguish over his death, as it was taught in a baraita: When a Torah scholar dies, everyone is his relative. The Gemara asks: Does it enter your mind that everyone is his relative? Rather, say: Everyone is considered to be like his relative, in the sense that everyone rends his garment in anguish over him, and everyone bares his shoulder over him in mourning, and everyone eats the mourner’s meal over him in the public square as mourners do. The death of a Torah scholar is a personal loss for every Jew. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where the dead person is not a Torah scholar. The Gemara asks: And if he was an upright person, aren’t all those present at his death obligated to rend their garments over his death? As it was taught in a baraita: Why do a person’s sons and daughters die when they are young? They die so that he will cry and mourn over the death of an upright worthy person. The Gemara asks: They die so that he will cry? Is security taken from him in advance to ensure that he fulfills his obligation? Rather, emend the statement and say: It is because he did not cry or mourn over an upright person who died, as anyone who cries over an upright person who died, they forgive him for all his transgressions because of the honor he accorded to the deceased. Nevertheless, it is difficult, as one is required to rend his clothing over the death of an upright person. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where the deceased was not an upright person. The Gemara asks: And if one is standing close to the deceased when the soul leaves the body, he is obligated to rend his garment, as it was taught in a baraita: Rabbi Shimon ben Elazar says: One who is standing over the deceased at the time of the departure of the soul is obligated to rend his garment. To what is this similar? It is similar to a Torah scroll that was burned. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where he is not standing there at the time of the departure of the soul. The Gemara asks further: This works out well in terms of resolving the contradiction with regard to his dead relative. However, the contradiction between the ruling in the mishna that one who rends his garment in his anger is not liable, and the ruling in the baraita that one who rends his garment in his anger is liable, is still difficult. The mishna exempts one who rends garments in anger, while the baraita deems him liable. The Gemara answers: The contradiction between his anger in the mishna and his anger in the baraita is also not difficult, as this ruling in the baraita that deems him liable is in accordance with the opinion of Rabbi Yehuda, and that ruling in the mishna that exempts him is in accordance with the opinion of Rabbi Shimon. The Gemara elaborates: This ruling in the baraita follows Rabbi Yehuda, who said that one who performs a prohibited labor on Shabbat that is not needed for its own sake is liable for performing it. Therefore, one who rends his garment in anger is liable. That ruling in the mishna which exempts him is in accordance with the opinion of Rabbi Shimon, who said that one who performs a labor that is not needed for its own sake is exempt for performing it. The Gemara asks: Say that you heard that Rabbi Yehuda rules that one is liable for performing a labor not needed for its own sake in the case of a constructive act; did you hear him deem one liable in the case of a destructive act? Rabbi Avin said: This case, where one rends his garment in anger, is also constructive, because in doing so he assuages his anger. Rending his garment calms him; therefore, it can be said that he derives benefit from the act of rending, and it is consequently a constructive act. The Gemara asks: And is it at all permitted to tear in that manner? Wasn’t it taught in a baraita that Rabbi Shimon ben Elazar says in the name of Ḥilfa bar Agra, who said in the name of Rabbi Yoḥanan ben Nuri: One who rends his garments in his anger, or who breaks his vessels in his anger, or who scatters his money in his anger, should be like an idol worshipper in your eyes, as that is the craft of the evil inclination. Today it tells him do this, and tomorrow it tells him do that, until eventually, when he no longer controls himself, it tells him worship idols and he goes and worships idols. Rabbi Avin said: What verse alludes to this? “There shall not be a strange god within you, and you shall not bow to a foreign god” (Psalms 81:10). What is the strange god that is within a person’s body? Say that it is the evil inclination. One may not rend his garments in anger, because in doing so he is deriving pleasure from satisfying the evil inclination. The Gemara answers: It is only necessary to discuss this in a case where one does so to instill fear in the members of his household. In order to show them that he is very angry, he tears and breaks objects even though he is not that angry. In that case he maintains control of himself and is not in danger of succumbing to the evil inclination. It is like the incident where Rav Yehuda sought to display his anger and he pulled threads off his garment. Rav Aḥa bar Ya’akov smashed broken vessels, Rav Sheshet threw small fish on his maidservant’s head, and Rabbi Abba broke the lid of a jug. All of these Sages caused minimal damage in creating the impression that they were angry. Apropos the laws of mourning for an upright person and a Torah scholar, the Gemara cites that which Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of Bar Kappara: Anyone who sheds tears over an upright person, the Holy One, Blessed be He, counts his tears and places them in His treasury, as it is stated: “You have counted my wanderings, put my tears into your bottle, are they not in your book?” (Psalms 56:9). Rav Yehuda said that Rav said: Anyone who is lazy in eulogizing a Torah scholar, it is fitting to bury him alive, as it is stated: “And they buried him in the border of his inheritance in Timnat-seraḥ, which is in the hill-country of Ephraim, on the north of the mountain of Ga’ash” (Joshua 24:30). This teaches that the mountain raged against them to kill them because they did not eulogize him appropriately. Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: Whoever is lazy in eulogizing a Sage does not live a long life, and his punishment is measure for measure. Since he was unconcerned with the death of the Sage, in the heavens they will be unconcerned with his death. The Holy One, Blessed be He, conducts Himself in this manner, as it is stated: “In full measure [besase’a], when You send her away You contend with her” (Isaiah 27:8), and the Sages derived that God punishes from the words: “You contend with her,” and He does so measure for measure, se’a for se’a, from the word sase’a in the verse above. Rabbi Ḥiyya bar Abba raised an objection to Rabbi Yoḥanan: It is stated: “And the nation worshipped the Lord all the days of Joshua and all the days of the Elders, who lived many days after Joshua” (Judges 2:7), indicating that the Elders lived long lives even though they did not eulogize Joshua properly. Rabbi Yoḥanan said to him: Babylonian, you should be more precise in your reading. They indeed lived many days; however, they did not live many years. In fact, they did not live to the end of that year. Again he asked: But then with regard to the verse “So that your days and the days of your children will multiply on the land which the Lord your God swore to give to your fathers, as the days of the heavens over the earth” (Deuteronomy 11:21), would you also say that here the reward is to live many days but not years? He answered him: A blessing is different and should be interpreted in its most expansive sense. And Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: If one of the brothers dies,
שם קו ע"א:
וכל המקלקלין פטורין. תני רבי אבהו קמיה דרבי יוחנן: כל המקלקלין פטורין, חוץ מחובל ומבעיר. אמר ליה: פוק תני לברא, חובל ומבעיר אינה משנה. ואם תמצא לומר משנה, חובל - בצריך לכלבו, מבעיר - בצריך לאפרו. והאנן תנן כל המקלקלין פטורין! מתניתין - רבי יהודה, ברייתא - רבי שמעון. מאי טעמא דרבי שמעון - מדאיצטריך קרא למישרא מילה, הא חובל בעלמא - חייב, ומדאסר רחמנא הבערה גבי בת כהן - שמע מינה מבעיר בעלמא חייב. ורבי יהודה - התם מתקן הוא, כדרב אשי: דאמר רב אשי: מה לי לתקן מילה, מה לי לתקן כלי, מה לי לבשל פתילה, מה לי לבשל סמנין.
כל המקלקלין פטורין, כיצד? הרי שחבל בחבירו או בבהמה דרך השחתה וכן אם קרע בגדים או שרפן או שבר כלים דרך השחתה הרי זה פטור. חפר גומה ואינו צריך אלא לעפרה הרי זה מקלקל ופטור. אף על פי שעשה מלאכה, הואיל וכוונתו לקלקל, פטור.
Whenever [a forbidden labor is performed] in a destructive manner, one is not held liable.47As mentioned previously, the prohibition against labor on the Sabbath was derived from a comparison to the labors performed in the construction of the Sanctuary. In that instance, all the labors had a positive intent.
(The Rambam's statements imply that performing a forbidden labor with a destructive intent is not forbidden by the Torah at all, but is merely a Rabbinic prohibition. There are opinions which differ, and maintain that although the Torah did not hold one liable in such an instance, the act is forbidden by the Torah itself.)
What is implied? A person who injures a colleague or an animal with a destructive intent,48However, see Chapter 8, Halachah 8, which states that if a person injures another person as an expression of anger, he is liable, for in his own mind his activity is constructive; he is releasing pent up emotion. one who rips or burns garments, or one who breaks utensils with a destructive intent is not held liable.
A person who dug a pit solely because he needed the earth inside it is considered as having performed a [forbidden] labor with a destructive intent, and is therefore free of liability.49The Maggid Mishneh and others note that this activity is only destructive when the pit is dug within a home. Digging a pit for the sake of its earth in a field, by contrast, is not considered a destructive act. It is, however, a מלאכה שאינה צריכה לגופה (see Halachah 7), for the digger has no desire for the pit, the object of the work. As mentioned, other authorities free a person in such an instance; the Rambam, however, would normally hold one liable. Although he performed a [forbidden] labor, he is not held liable because he had a destructive intent.
שו"ת אבני נזר או"ח סימן רט, יב:
ונראה מזה הרמב"ם ס"ל... הנה דהפטור רק משום מקלקל ולא שבעצמותו אינו מלאכה.
כל המקלקלים פטורים – גם כלל זה נובע במישרין ממושג השבת, לאמור: הפעולה תהא יצרנית, תוך הוצאה אל הפועל של מחשבה מסוימת על חפץ מסוים, ולא תהא הרסנית; שכן, כאמור, ביכולתו לקלקל ולהרוס שותף האדם לבהמה.
In everything, God always requires you, as a Jewish father, to instill in your children whom God has graced you with, while they are still with their father, that which God asks from you and your offspring. While they are still young, bring them close to God and encourage the desire in their hearts to be connected, embraced, and clinging to the Jewish people's life and fate. But on the evening of that day when you, yourself, celebrate the birthday of the Jewish people, God's creation of this amazing nation amid mankind, the beginning of your mission as a Jew — God dedicated this evening to sanctifying your offspring, to bringing your children into the covenant with you, your young children upon whose closeness to God or, God forbid, their profaning His name, the eternity of the Jewish people and the future of our nation depend upon. Through these children, you may nurture the planting of renown (alluding to Ezekiel 34:29), which God planted for eternity through the exodus from Egypt. So that they may grow and become worthy of being the fruit of holiness for jubilation — when you pass around the pieces of the bread of affliction [the matzah] to yourself and to them, while you are connecting to the mission of your people and the dedication of the Jewish people to the God of their fathers and His Torah — do not minimize the words that come out of the purity of your heart. Speak to them, to your children, and let them hear about the supernal nature of this sublime mission, to be a father to Jewish children and to be children of the living God. Teach them the concept of the bread of affliction; acquaint them with the spirit of the Passover holiday, which ascends upon high. Make them understand the supernal nature of God's deeds and wonders in Egypt and of the name of Israel, which He bequeathed to His people when He took them out from darkness to light and from slavery to freedom. Circumcision (Milah) When Avraham was 99 years old, Hashem appeared to him and said: "I am the Almighty God; walk before Me and be complete! I establish My covenant between Me and you, and I will multiply you exceedingly." Then Avraham fell on his face, and God spoke to him, saying: "Behold, My covenant is with you, and you shall become the father of a multitude of nations. No longer shall your name be called Avram; rather, your name shall be Avraham, for I have made you the father of many nations. I will make you exceedingly fruitful, and I will establish you as nations, and kings will descend from you. I will uphold My covenant between Me and you and your descendants after you throughout their generations as an everlasting covenant, to be God to you and to your descendants after you. I give to you and your descendants after you the land of your sojournings, the entire land of Canaan, as an everlasting possession, and I will be their God." God then said to Avraham: "But you must also observe My covenant, you and your descendants after you throughout their generations. This is My covenant, which you shall observe between Me and you and your descendants after you: Every male among you shall be circumcised. You shall circumcise the flesh of your foreskin, and this shall be the sign of the covenant between Me and you. At eight days old, every male among you shall be circumcised throughout your generations, whether born in your house or purchased with silver from a foreigner who is not of your descendants. Those born in your household and those bought with your silver must be circumcised, so that My covenant shall be in your flesh as an everlasting covenant. Any uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant." (Genesis 17:1-14) Hashem also commanded Mosheh: "Speak to the children of Israel, saying: If a woman gives birth to a male child, on the eighth day the flesh of his foreskin shall be circumcised." (Leviticus 12:2-3) "Walk before Me and be complete!" Let your entire life be lived before My all-encompassing presence. In every moment of your existence, direct your gaze toward Me and dedicate every part of your life to My service! And thus, be whole! Do not divide your being—thinking that your spirit belongs to Heaven while your body belongs to the earth, that you serve God with your soul while indulging the desires of the flesh. Be whole! See even your body as an instrument of divine service, and recognize that every power, even those of the body, has been entrusted to you for a sacred purpose. Dedicate your body to Me just as you dedicate your soul, and thus be whole and unified—your entire being moved by a single thought, consecrated to the One and Only God. Thus, God spoke to Avraham when He commanded him to place His seal on the most physical part of his body, thereby sanctifying and consecrating the body for divine purpose. You must keep the forces of your body sacred. Do not squander them in base sensual indulgence. Do not use them against the will of your God, but rather for the purpose for which He has given them to you. Be a complete human, a complete servant of God! Even in the most physical of acts, see only a sacred duty meant for the holy purpose of building the world. Keep your physical strength sacred for this divine purpose and restrain the demands of the flesh within these sacred bounds. Know that God will hold you accountable for every ounce of energy you waste outside His service or use against His will. Let the seal of Avraham remind you of this! Let it restrain your actions when desire tempts you to stray. Be wise and understand! Do not deceive yourself by thinking: "There is nothing in the world as much under my control as my own body. Whom would I harm if I use my body according to my desires?" But know that in doing so, you sin against God, your Creator, who owns both you and your body, with all its desires and inclinations. He is your Father, the One who placed upon your flesh the holy covenantal seal. This is a sign that you must rule over your body and its desires, sanctifying them for God's purpose. The eternal survival of your people is also founded upon the preservation of the holiness and purity of the covenantal seal. It was designed in such a way that, among Israel, base physical desire cannot dominate entirely, leading to the corruption of the entire generation and its annihilation from among the nations—as happened to other peoples, whose indulgence in bodily lusts weakened them and drained the strength of their vitality, causing their destruction. But in Israel, even among sinful ancestors, pure children are born, ready to grow like strong seedlings. This ensures that from generation to generation, the Garden of God will flourish anew, and the spirit and glory of God will walk among it. When the spirit of a past generation has fallen due to its corruption, a new generation will arise in Israel, untouched by its predecessor’s impurity. But the desecration of the covenantal seal leads to human degradation, reducing one to the level of an animal, causing moral corruption, and bringing impurity into future generations. It defiles the dignity of family life, bringing upon them terrible and lasting afflictions that become an inheritance of disease from weakened ancestors to their descendants. Only a body that is strong and steadfast in holiness and purity can house a strong and sacred spirit. Thus says the Lord: "I will establish My covenant between Me and you and your descendants after you, for their generations, as an everlasting covenant—to be God to you and your descendants after you… And you shall keep My covenant, you and your descendants after you, for their generations. This is My covenant that you shall keep between Me and you and your descendants after you: Every male among you shall be circumcised… And an uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant.” One who rejects this covenant severs his connection to God and uproots the very foundations of his existence. Thus, God spoke to Avraham, and thus He speaks to every descendant of Avraham. And you, young men reading these words, do not carry the seal of Avraham in vain! Do not let yourselves be swept away by the degeneracy of the times! If you are truly the children of Avraham, you must uphold a high standard. Let this seal protect you from moral corruption! Let it strengthen you in times of struggle—it will surely help you achieve victory. When youth everywhere withers like a decayed flower, when society rushes toward spiritual decline, let your pride be in remaining strong, in standing firm in the holy calling that you bear as a son of Israel. "Walk before Me always and be pure, unblemished, and whole!" This is what God calls upon you to do through the seal of the covenant at every moment when temptation arises. Will you mock this call? Will you throw away the honor of Israel for the sake of fleeting animal pleasure? It is the duty of the father not only to physically nurture his child but also to raise him in mind and heart as a true human being and a Jew. Therefore, the father bears the responsibility to bring his son into the covenant of Avraham on the eighth day. If he neglects this duty, the communal authorities must ensure it is carried out. If they too fail, then every male descendant of Avraham, upon reaching religious maturity, is obligated to undergo circumcision himself. If he refuses, the Torah states: "That person shall be cut off from his people." Since circumcision is not merely a physical alteration but a spiritual elevation—raising the human being from animalistic indulgence to moral responsibility—it must be performed in the daytime, the time of action and purpose. A healthy child must be circumcised on the eighth day. If the child is sick or physically weak, circumcision is postponed until full recovery. If the illness affected the entire body, the procedure must be delayed for seven full days after recovery. If the condition affected only one limb, it is performed as soon as the child has regained strength. Since circumcision is an irreversible act, it is delayed in cases of doubt to protect the child's life. If two previous brothers died due to circumcision, a third son is circumcised only after he has grown stronger. If there is uncertainty about the exact birth time—whether it occurred before or after nightfall—the eighth day is counted from the following day. If the eighth day falls on Shabbat or a festival, circumcision is postponed to the ninth day unless it is known with certainty that the child was born during the day. All additional laws regarding circumcision can be found in sections 260-266. This is the “sin” through which a private individual falls and is humbled from his exalted position; this very sin is the one through which nations have strayed and have been wiped away from under the heavens of the Lord, and generations of human beings have been brought low to the dust. And it is none other than the sin and the iniquity through which Israel also fell and was humbled, because, due to this sin, “idolatry and the lusts of the senses” will always accompany him—yet such a thing must not be, for Israel must not descend to such a low level without the possibility of rising again, heaven forbid. For the Torah has acted countless times because of this and has always concerned itself to prevent Israel from being swallowed up and from being destroyed from the land. Therefore, let us not forget that the Lord placed us in the world of the Lord, for this world is the “property of the Lord,” and its gifts are given to us only for a specific purpose. To us have been entrusted many testimonies, commandments, and laws, some of which we have already come to know intellectually, and upon these depend also the commandments concerning the acquisition of the land—“new produce” and “orlah.” But just as the Lord gave the land to man to “serve and guard it,” so the Lord, for a second time in His world, bequeathed the “Land of Israel” to His people to be “the portion of their inheritance” according to their special actions. Israel, which is a people even without land and kingdom, is still called a “people” even before it attains “the land of its possession,” for the bond of nationality is not connected merely to the physical area of a place; rather, Israel is a “people” according to the great and enlightened idea inherent in the spirit of its essence. Israel bears this idea and the testimony of life, which it is called to fulfill, and this is in particular its divinely allotted portion. Nevertheless, because the Lord wished for Israel to be a “people” even in its external state among the nations, He gave it also a “special land” according to the special actions of His people. But in order that this land—which is intended to serve as the means to bring into effect the “name and testimony of Israel” in its fullness—does not become a source of stumbling or of corruption through the sin of property acquisition, the Lord commanded His people to observe these commandments in the land: “Shemittah” (the Sabbatical year), “Yovel” (the Jubilee), “Bikkurim” (first fruits), “Terumah” (offering), “Ma’aser” (tithes), “Challah” (dough offering). Especially concerning the acquisition of the land of Israel, Shemittah and Yovel, on the one hand, testify in themselves as a judgment of justice, since the Lord is the Master of all this property; and on the other hand, by prohibiting the labor of the land in its acquisition, they testify according to the understanding of “Sabbath” with regard to property acquisition in general. We must consider, on the one hand, “new produce” and “orlah” with regard to the acquisition of land in general, and on the other hand, “Bikkurim,” “Terumah,” “Ma’aser,” and “Challah,” since they are intended specifically for the acquisition of the “Land of Israel.” Of these latter, we will only mention “Challah,” which, according to the Kabbalah, remains incumbent upon us even now. Behold, if you have given your word and promise to give over ownership and money has been given in accordance with the decree, however, the sale has not been finalized by one of the methods of acquisition — we may not say that the matter was completed and they are allowed to go back on it. Nevertheless, if either the buyer or the seller goes back on it after money was received or after the buyer placed a sign on the merchandise, the curse of, "He who exacted payment," is given to him in court. That is, "He Who exacted payment from the people of the generation of the flood, and from the people of the generation of the dispersion, and from the people of Sodom and Gomorrah, and from the Egyptians at the Sea, He will exact payment from whoever does not stand by his word" (Bava Metzia 48a). And even one who only does business orally is obligated by his word, even though he has not performed an action. Yet even though a buyer or seller who only goes back on his word does not receive the curse of "He who exacted payment," he is called one lacking in faith. Anyone who promises something to his fellow in a way that his fellow should be able to rely upon it and goes back on it is considered someone lacking in faith (Choshen Mishpat 204). Indeed it is so — do not destroy [bal taschit]! That is God's first great general call to you, man. That is when you see yourself as the ruler and governor over the face of His earth. Behold, you see dirt, plants, and animals around you; and they already carry the seal of your human projects, to study and appraise them, through human effort and ingenuity, to serve your human purposes, to have them become your shelter, clothing, sustenance, and tools. So you have acquired them, that they should be in your possession, such that you stand amid your rulership over the face of the earth and all that exists are your servants to do your will and bidding. Yet you suddenly raise your hand to amuse yourself or to pour out your anger and swallow up and destroy something that can [otherwise] be used for your purposes. But you want to pound and break and obliterate that thing that you can make helpful and use properly. You surely desire this since, when you see creations below your level as things disconnected from justice and righteousness, you do not fear the Lord. Yet He is indeed their Shield and Protector, taking up their case with justice. So instead of thinking about them as means for the thoughtful acts of man, you see them haughtily, to have your power and the might of your will rule over them and to pour out your furious rage over them. Then the voice of God's great call thunders over you, "Do not destroy! Get away from it; act like a human being!" For it is truly only by using that which exists around you for the thoughtful and reasonable use of man as My Torah guides and designates that you are a man. Then you have power and possession over them. For I have given you, man, power and possession over them by way of a divine mandate. However, if you destroy, if you ruin, if you obliterate, you are no longer man, but rather a wild animal or a predatory beast, so that you no longer have possession over what exists around you. For I have lent them to you only for wise human use. So don't ever forget that I am the One who lent them to you! However, if you act perversely, if you act without intelligence and good sense towards anything, small or big, behold you are acting wickedly, rebelling and stealing from God's earth! Behold, you then turn into a murderer and robber of God's possessions. You are a sinner, and you have violated the holiness of the possession. Then God will make this call to you and protect everything, small or big, with this call. With the utterance of this word, He will grant righteous justice to the small or big against the plots of your heart and the violence of your hand! It is not for the sake of the prevention of bodily sickness that God arranged these laws about your food. Rather the Torah itself explains their reason: Just like the Temple of God, which symbolizes the ideal of the holy and sanctifies you for His sake, becomes defiled by impurity - that is, anything that is foreign to, or below the human realm (see the section on Service, Chapter 21) - so too are the forbidden foods "impure" for the holy sanctuary that you yourself constitute. Your body, your soul and your spirit form the essential playing field of your existence, which is designated for holiness. If you eat these foods, your body may well be nourished and become fatter. However, your animal impulse will be greatly aroused; or your body will only become a tool for your spirit. Instead of your soul becoming sanctified - meaning raising itself above any trace of animalism - it will descend to this low level, or become apathetic and lethargic. And your spirit can expect to encounter a greater struggle for which it is less equipped. It calls out to you again and again: It is impure to you! Do not defile yourselves with them! You will become impure from them! The meaning of becoming impure is to compromise preparedness for the designation of holiness. And behold you have been designated to be holy people, the children of a great holy congregation; and you have been chosen to attach yourselves to God and to walk in His ways. God said to you to be holy, "since I, your God, am holy." So then, you must guard your bodies like the holy sanctuary for your divine souls. As behold, the body is also for God. And that which is generally referred to as impure (tumah) is also referred to as something repulsive (sheketz), a disgusting thing. Something repulsive and disgusting is something that you reject on your own as a foreign body that is unfit for your constitution. And so just like your body naturally rejects anything that the sense of taste finds to be a foreign substance or unfit; so too must you reject these foods because they are repulsive, foreign and unfit for your spiritual constitution. Lest your spiritual constitution itself become repulsive, and you become distanced and turn away from your holy designation which you are meant to carry as a Jew. Likewise, abomination (toevah) - your spiritual constitution should abominate these foods, since they are antithetical to your spiritual designation and only nourish your animal impulse. These are the words of God's Torah. The main things about a mikveh (ritual bath) are: That the water should not be gathered by a person's possession, meaning a vessel; and also not arrive through any object that is susceptible to becoming impure. And [the water] must be gathered in one place. It can be flowing water or rain water that has not flown through or over anything that is susceptible to becoming impure. When rain water, it must be standing and not running. And the mikveh needs to have the necessary amount of water, and the like. Regarding the immersion, there may not be anything that separates between the thing that is being immersed and the water; and it must be completely placed within the water of the mikveh and fully immersed. (See Yoreh Deah 120, 201, 202.) Be fruitful and multiply! From now on, plant the planting of your species in the world. From now on, grow the thread of life at every instance and every time. Raise your offspring for all time so that they will continue to build and establish what you have left still unfinished and not yet sturdy. Plant your vine in the garden of the Lord, your species on the earth, so that it will grow to be a faithful planting in the vineyard of the House of Israel. And do everything in your power for your offspring, to raise them and educate them for God. And all the good things that you have acquired, fear of God, love of God, trust in God, living with faith in God — bequeath all these things to the next generation. With such an inheritance, you will continue through your offspring and their actions; and you, too, will live on and be remembered eternally. Let your house not be closed and sealed only for yourself and your household, to be a place of rest and peace only for yourselves. Rather let it be open for the benefit of the desolate poor people, for the hungry, the thirsty and for all who seek shelter and refuge for themselves. You should happily and lovingly bring in any guest who has no other letter of introduction that would recommend him except for that which comes from his being a creation of the Omnipotent, a son of our Father in Heaven. Hence receive him joyfully, bring him into your house, supply his needs and even accompany him [when he leaves] so that he will be secure on his journey. On these days that are memorial days of joy, they should not say such things that mention something sad relating to the fleetingness of life or sad thoughts about distressing matters - like veHu rachum (and He is merciful), rachum vechanun (merciful and compassionate), El erekh apayim (God full of patience) and yaankha (He should answer you). Likewise [is this the case] on other days primarily marked by joy besides Channukah and Purim: The fifteenth of Av; the fifteenth of Shevat; Rosh Chodesh (the first day of the month); Purim Katan; the thirty-third day of the omer; the eves of Yom Kippur and Rosh HaShanah; all of the month of Nissan; the days between Yom Kippur and Sukkot; from Rosh Chodesh Sivan until the day after Shavuot. Also [is this true] on private days of joy that have a national character, like a house of nuptials and a milah (circumcision). (They say yaankha at a milah with regard to the child for his healing.) Also [do we omit these] at the house of a mourner and on Tisha B'Av, for other reasons. 2) Festivals First we acknowledge that the creation of both the body and the spirit of the Jewish people was from God ("You have chosen us... And you have brought us close"); and that the maintenance of the body and the spirit of the nation is also an act of God ("and Your great name"). We then make note of the special import of this holiday ("and gave"). Then we speak about the special character of the day - whether it is about the creation of the Jewish people or its maintenance, the request from God concerning the creation or maintenance of the Jewish people is in, "May it come and may it ascend," and in, "And raise up for us." This is like, "God and God of our Forefathers, accept," on Shabbat. This is to bring down the blessing of the holiday: Life, peace and joy - may they come to fruition in our lives. And after the standing prayer (amidah), we recite the Hallel. On the first days of Pesach and on all the days of Sukkot, it is 'full Hallel,' like Chanukkah. But on the later days of Pesach, it is like Rosh Chodesh (the first day of the month): We skip [some sections] and recite 'half Hallel.' (The reason is explained nicely: It is because the latter days of Pesach do not only remind us of the salvation of the Jewish people, but rather also of the downfall of the Egyptians and their drowning in the sea. So it is like the Sages, may their memory be blessed, say [Yalkut Shimoni on Nakh 1085], that it is not good to say and prolong verse and praise about the destruction of the creations of God. That is why Hallel is not full [on those days]. Tisha B'Av at night: The scroll of Lamentations. It is the emotions of the prophet Jeremiah's soul and his dirge that he took up about the destruction of the holy city of Jerusalem and the Temple. And it is especially about the sin that Jerusalem and his people sinned, which is what caused that awful destruction to happen. And while glancing with eyes full of tears, he instructs and shows the path that leads to repentance and towards the revival of Israel, to renew our days as of old (alluding to Lamentations 5:21). Sukkot: They recite Ecclesiastes in the morning service of Shabbat of the intermediate days of the festival (Chol HaMoed) of Sukkot. As it shows that the maintenance of the body and the spirit of the nation is through God. This is in order to know that, without God, all human competition, all human actions and calculations, as well as the results of the toil of his efforts and his mighty hand - they are altogether empty.
איך אפשר להסביר את המחלוקת לגבי מקלקל בשבת?
(רמז: האם לצפנת פענח משנה אם זה לשם קלקול? לפי איזה כיוון מקלקל פטור כי זה פגם במלאכה, ולפי איזה כיוון כי זה לא לתכלית ולתוצאה הנכונה?)
שינוי
החורש - כל שהוא, המנכש והמקרסם והמזרד כל שהוא - חייב. המלקט עצים, אם לתקן - כל שהן, אם להיסק - כדי לבשל ביצה קלה. המלקט עשבים, אם לתקן - כל שהוא, אם לבהמה - כמלא פי הגדי.
One who drills a hole of any size is liable. Granted, according to Rav, who said that one who makes a hole is liable due to the prohibited labor of building, here too, he should be liable because he appears as one who is making a hole for the purpose of building. However, according to Shmuel, drilling a hole is not a completion of the labor. The labor will be complete only when a stake or pin is inserted into the hole. Until he does so, he cannot be liable for completing the labor. The Gemara answers: With what we are dealing here? With a case where one drilled a hole with an iron nail and left it inside the surface in which he drilled the hole. That is considered a completion of labor because there is no intention to remove the nail from its hole. We learned in the mishna that this is the principle: Anyone who performs a prohibited labor and his labor endures on Shabbat is liable. The Gemara asks: What does the phrase: This is the principle, come to include? The Gemara explains: It comes to include a case where one carved out a vessel with a capacity of half a kav [kefiza] into a piece of wood in which it was possible to chisel a vessel with a capacity of a whole kav. Since this labor endures on Shabbat and it can be used, it is considered a complete labor and he is liable. We also learned in the mishna that Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer is liable. The Gemara wonders: What has he done by striking the anvil that would render him liable? It was Rabba and Rav Yosef who both said in explanation: He is liable because he trains his hand for his work by striking the anvil. The sons of a man named Raḥava found this answer difficult: If so, one who observed a craft being performed on Shabbat and learned to perform that craft through observation, would he also be liable? Only one who performs an actual labor on Shabbat is liable. Rather, it was Abaye and Rava who both said in explanation: He is liable, as those who flatten plates of metal for the Tabernacle do so. They would strike the anvil with the sledgehammer in order to straighten the sledgehammer’s handle, which became crooked. That was also taught in a baraita. Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer during his labor is liable, as those who flatten plates of metal for the Tabernacle do so. MISHNA: One who plows is liable for plowing any amount of land on Shabbat. One who weeds and removes grass on Shabbat, and one who removes dry branches and who prunes any amount is liable. With regard to one who gathers wood, if he did so to enhance the tree or the land, he is liable for any amount; if he did so for fuel, he is liable for collecting a measure equivalent to that which is used to cook an easily cooked egg. With regard to one who gathers grass, if he did so to enhance the plants or the land, he is liable for any amount; if he did so to feed an animal, he is liable for collecting a measure equivalent to a goat’s mouthful. GEMARA: The Gemara asks: For what use is plowing any amount of land suited? The Gemara answers: It is suited for a single pumpkin seed. The corresponding situation in the Tabernacle was as it is suitable for planting a single stalk of herbs to make dyes. We also learned in the mishna: One who weeds, and one who removes dry branches, and who prunes any amount is liable. The Sages taught that in a baraita: With regard to one who severs endives that grow like weeds, or who prunes reeds [zeradim]; if he did so for human consumption, he is liable in the measure of a fig-bulk; if he did so for animal consumption, he is liable in a measure equivalent to a goat’s mouthful. If he did so for fuel, he is liable for severing a measure equivalent to that which is used to cook an easily cooked egg. If he did so to enhance the land, he is liable for any amount. The Gemara asks: Aren’t all these done to enhance the land? Each stalk that a person uproots enhances the land. It was Rabba and Rav Yosef who both said in explanation: They taught this baraita with regard to swampland, where grass is not uprooted to enhance the land. Abaye said: Even if you say that the baraita is referring to a field that is not a swampland, it can be referring to a case where one did not intend to enhance the land. The Gemara asks: However, is it not Abaye and Rava who both say that Rabbi Shimon, who holds that one is liable only for performing an intentional action, concedes that one is liable in a case of cut off its head, will it not die? In any case where the outcome is inevitable, as in this case where the land will be enhanced, one’s lack of intention does not exempt him. The Gemara answers: Abaye’s statement was only necessary in a case where one did so on another’s land. Since he did not intend for that outcome to eventuate and he derives no benefit from enhancing the land, he is not liable in that case. MISHNA: One who writes two letters on Shabbat, whether he did so with his right hand or his left, whether they were the same letter or two different letters, whether he did so using two different types of ink, in any language, he is liable. Rabbi Yosei said: One is deemed liable for writing two letters only due to marking, as they would write symbols on adjacent beams of the Tabernacle to know which beam was another beam’s counterpart. Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name, e.g., Shem [shin mem] from the name Shimon or from Shmuel; Noaḥ [nun ḥet] from Naḥor; Dan [dalet nun] from Daniel; Gad [gimmel dalet] from Gaddiel. In all of these cases, the first two letters of the longer name constitute the shorter name. GEMARA: The Gemara questions the beginning of the mishna: Granted, for writing with the right hand let one be liable, as that is the typical manner of writing. However, for writing with the left hand, why is one liable? That is not the typical manner of writing. Rabbi Yirmeya said: When the mishna taught that one who writes with his left hand is liable, they taught it with regard to one who is left-handed. The Gemara asks: And if so, let his left hand have the same legal status as everyone’s right hand; for writing with his left hand, let him be liable, for writing with his right hand, let him not be liable. Rather, Abaye said: This mishna refers to an ambidextrous person, who is liable for writing with either hand. Rav Ya’akov, son of the daughter of Ya’akov, said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yosei, who said: One is deemed liable for writing two letters only due to marking. As such, one is liable for writing a letter even if he writes it imprecisely with his left hand. The Gemara asks: From the fact that the latter clause of the mishna is in accordance with the opinion of Rabbi Yosei, the first clause of the mishna is not in accordance with the opinion of Rabbi Yosei. The Gemara answers: That is not necessarily the case. The entire mishna is in accordance with the opinion of Rabbi Yosei, and the attribution of his second statement was for emphasis alone. We learned in the mishna that Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name. The Gemara asks: Rather, is that to say that according to Rabbi Yehuda, it is one who writes two letters that are two different types of letters who is liable; however, one who writes two letters that are one type of letter is not liable? Wasn’t it taught in a baraita that it is written: “When a leader sinned, and he unwittingly performed one of any of the commandments which the Lord his God commanded not to do, and is guilty” (Leviticus 4:22)? The Sages taught: I might have thought that one is not guilty until he performs a complete labor, e.g., until he writes the entire name that he intended to write, or until he weaves the entire garment, or until he crafts the entire sieve made from the reeds of the warp and the woof; therefore, the verse states: “A soul who sins unintentionally in any of the Lord’s commandments which one shall not perform, and did an action from one of these” (Leviticus 4:2). The emphasis on the phrase “from one” teaches that in order for one to be liable, it is sufficient that he perform only part of the prohibited labor. However, if that is derived from the use of the phrase “from one,” I might have thought that one is liable even if he wrote only a single letter, or even if he wove only a single thread, or even if he crafted only a single eye of the sieve, i.e., arranging the reeds to create a warp, and then interweaving a single reed as a woof;
אגלי טל, סוף הפתיחה:
אך ברורן של דברים דהנה מלאכה כלאחר יד יש בשני אופנים... יש שהמלאכה עצמה בלתי נפעלת כראוי והיא שינוי באיכות הנפעל כענין הנזרע בעציץ שאינו נקוב שלא נזרע כי אורחיה אף שבאיכות הפועל לא היה שום שינוי. ויש מלאכה כלאחר יד שהוא שינוי באיכות הפועל לבד ולא באיכות הנפעל כגון הכותב בשמאלו אף שהנפעל דהיינו הכתב נעשה כראוי להיות שאימן את ידיו וכתב אותיות מיושרים... והנה באופן הראשון... מצינו בכמה מקומות דשלא כדרכה לאו כלום היא אף זולת מלאכת שבת. וע"כ אכילה שלא כדרכה... אבל באופן השני... ראוי היה להתחייב שהרי מ"מ הפעולה נגמרה כראוי אך מ"מ בשבת פטור עליה דמלאכת מחשבת אסרה תורה.
איך אפשר להסביר את מורכבות המושג 'שינוי' על פי הכיוונים דלעיל?
(רמז: יש כאן שינוי בתוצאה ושינוי במעשה. למי חשוב המעשה ולמי חשובה התוצאה?)
דרך הביצוע: המלאכה תהא מבוצעת בדרך המתאימה למיומנות האדם ולא 'כלאחר יד'.
In everything, God always requires you, as a Jewish father, to instill in your children whom God has graced you with, while they are still with their father, that which God asks from you and your offspring. While they are still young, bring them close to God and encourage the desire in their hearts to be connected, embraced, and clinging to the Jewish people's life and fate. But on the evening of that day when you, yourself, celebrate the birthday of the Jewish people, God's creation of this amazing nation amid mankind, the beginning of your mission as a Jew — God dedicated this evening to sanctifying your offspring, to bringing your children into the covenant with you, your young children upon whose closeness to God or, God forbid, their profaning His name, the eternity of the Jewish people and the future of our nation depend upon. Through these children, you may nurture the planting of renown (alluding to Ezekiel 34:29), which God planted for eternity through the exodus from Egypt. So that they may grow and become worthy of being the fruit of holiness for jubilation — when you pass around the pieces of the bread of affliction [the matzah] to yourself and to them, while you are connecting to the mission of your people and the dedication of the Jewish people to the God of their fathers and His Torah — do not minimize the words that come out of the purity of your heart. Speak to them, to your children, and let them hear about the supernal nature of this sublime mission, to be a father to Jewish children and to be children of the living God. Teach them the concept of the bread of affliction; acquaint them with the spirit of the Passover holiday, which ascends upon high. Make them understand the supernal nature of God's deeds and wonders in Egypt and of the name of Israel, which He bequeathed to His people when He took them out from darkness to light and from slavery to freedom. Circumcision (Milah) When Avraham was 99 years old, Hashem appeared to him and said: "I am the Almighty God; walk before Me and be complete! I establish My covenant between Me and you, and I will multiply you exceedingly." Then Avraham fell on his face, and God spoke to him, saying: "Behold, My covenant is with you, and you shall become the father of a multitude of nations. No longer shall your name be called Avram; rather, your name shall be Avraham, for I have made you the father of many nations. I will make you exceedingly fruitful, and I will establish you as nations, and kings will descend from you. I will uphold My covenant between Me and you and your descendants after you throughout their generations as an everlasting covenant, to be God to you and to your descendants after you. I give to you and your descendants after you the land of your sojournings, the entire land of Canaan, as an everlasting possession, and I will be their God." God then said to Avraham: "But you must also observe My covenant, you and your descendants after you throughout their generations. This is My covenant, which you shall observe between Me and you and your descendants after you: Every male among you shall be circumcised. You shall circumcise the flesh of your foreskin, and this shall be the sign of the covenant between Me and you. At eight days old, every male among you shall be circumcised throughout your generations, whether born in your house or purchased with silver from a foreigner who is not of your descendants. Those born in your household and those bought with your silver must be circumcised, so that My covenant shall be in your flesh as an everlasting covenant. Any uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant." (Genesis 17:1-14) Hashem also commanded Mosheh: "Speak to the children of Israel, saying: If a woman gives birth to a male child, on the eighth day the flesh of his foreskin shall be circumcised." (Leviticus 12:2-3) "Walk before Me and be complete!" Let your entire life be lived before My all-encompassing presence. In every moment of your existence, direct your gaze toward Me and dedicate every part of your life to My service! And thus, be whole! Do not divide your being—thinking that your spirit belongs to Heaven while your body belongs to the earth, that you serve God with your soul while indulging the desires of the flesh. Be whole! See even your body as an instrument of divine service, and recognize that every power, even those of the body, has been entrusted to you for a sacred purpose. Dedicate your body to Me just as you dedicate your soul, and thus be whole and unified—your entire being moved by a single thought, consecrated to the One and Only God. Thus, God spoke to Avraham when He commanded him to place His seal on the most physical part of his body, thereby sanctifying and consecrating the body for divine purpose. You must keep the forces of your body sacred. Do not squander them in base sensual indulgence. Do not use them against the will of your God, but rather for the purpose for which He has given them to you. Be a complete human, a complete servant of God! Even in the most physical of acts, see only a sacred duty meant for the holy purpose of building the world. Keep your physical strength sacred for this divine purpose and restrain the demands of the flesh within these sacred bounds. Know that God will hold you accountable for every ounce of energy you waste outside His service or use against His will. Let the seal of Avraham remind you of this! Let it restrain your actions when desire tempts you to stray. Be wise and understand! Do not deceive yourself by thinking: "There is nothing in the world as much under my control as my own body. Whom would I harm if I use my body according to my desires?" But know that in doing so, you sin against God, your Creator, who owns both you and your body, with all its desires and inclinations. He is your Father, the One who placed upon your flesh the holy covenantal seal. This is a sign that you must rule over your body and its desires, sanctifying them for God's purpose. The eternal survival of your people is also founded upon the preservation of the holiness and purity of the covenantal seal. It was designed in such a way that, among Israel, base physical desire cannot dominate entirely, leading to the corruption of the entire generation and its annihilation from among the nations—as happened to other peoples, whose indulgence in bodily lusts weakened them and drained the strength of their vitality, causing their destruction. But in Israel, even among sinful ancestors, pure children are born, ready to grow like strong seedlings. This ensures that from generation to generation, the Garden of God will flourish anew, and the spirit and glory of God will walk among it. When the spirit of a past generation has fallen due to its corruption, a new generation will arise in Israel, untouched by its predecessor’s impurity. But the desecration of the covenantal seal leads to human degradation, reducing one to the level of an animal, causing moral corruption, and bringing impurity into future generations. It defiles the dignity of family life, bringing upon them terrible and lasting afflictions that become an inheritance of disease from weakened ancestors to their descendants. Only a body that is strong and steadfast in holiness and purity can house a strong and sacred spirit. Thus says the Lord: "I will establish My covenant between Me and you and your descendants after you, for their generations, as an everlasting covenant—to be God to you and your descendants after you… And you shall keep My covenant, you and your descendants after you, for their generations. This is My covenant that you shall keep between Me and you and your descendants after you: Every male among you shall be circumcised… And an uncircumcised male who does not circumcise the flesh of his foreskin shall be cut off from his people; he has broken My covenant.” One who rejects this covenant severs his connection to God and uproots the very foundations of his existence. Thus, God spoke to Avraham, and thus He speaks to every descendant of Avraham. And you, young men reading these words, do not carry the seal of Avraham in vain! Do not let yourselves be swept away by the degeneracy of the times! If you are truly the children of Avraham, you must uphold a high standard. Let this seal protect you from moral corruption! Let it strengthen you in times of struggle—it will surely help you achieve victory. When youth everywhere withers like a decayed flower, when society rushes toward spiritual decline, let your pride be in remaining strong, in standing firm in the holy calling that you bear as a son of Israel. "Walk before Me always and be pure, unblemished, and whole!" This is what God calls upon you to do through the seal of the covenant at every moment when temptation arises. Will you mock this call? Will you throw away the honor of Israel for the sake of fleeting animal pleasure? It is the duty of the father not only to physically nurture his child but also to raise him in mind and heart as a true human being and a Jew. Therefore, the father bears the responsibility to bring his son into the covenant of Avraham on the eighth day. If he neglects this duty, the communal authorities must ensure it is carried out. If they too fail, then every male descendant of Avraham, upon reaching religious maturity, is obligated to undergo circumcision himself. If he refuses, the Torah states: "That person shall be cut off from his people." Since circumcision is not merely a physical alteration but a spiritual elevation—raising the human being from animalistic indulgence to moral responsibility—it must be performed in the daytime, the time of action and purpose. A healthy child must be circumcised on the eighth day. If the child is sick or physically weak, circumcision is postponed until full recovery. If the illness affected the entire body, the procedure must be delayed for seven full days after recovery. If the condition affected only one limb, it is performed as soon as the child has regained strength. Since circumcision is an irreversible act, it is delayed in cases of doubt to protect the child's life. If two previous brothers died due to circumcision, a third son is circumcised only after he has grown stronger. If there is uncertainty about the exact birth time—whether it occurred before or after nightfall—the eighth day is counted from the following day. If the eighth day falls on Shabbat or a festival, circumcision is postponed to the ninth day unless it is known with certainty that the child was born during the day. All additional laws regarding circumcision can be found in sections 260-266. This is the “sin” through which a private individual falls and is humbled from his exalted position; this very sin is the one through which nations have strayed and have been wiped away from under the heavens of the Lord, and generations of human beings have been brought low to the dust. And it is none other than the sin and the iniquity through which Israel also fell and was humbled, because, due to this sin, “idolatry and the lusts of the senses” will always accompany him—yet such a thing must not be, for Israel must not descend to such a low level without the possibility of rising again, heaven forbid. For the Torah has acted countless times because of this and has always concerned itself to prevent Israel from being swallowed up and from being destroyed from the land. Therefore, let us not forget that the Lord placed us in the world of the Lord, for this world is the “property of the Lord,” and its gifts are given to us only for a specific purpose. To us have been entrusted many testimonies, commandments, and laws, some of which we have already come to know intellectually, and upon these depend also the commandments concerning the acquisition of the land—“new produce” and “orlah.” But just as the Lord gave the land to man to “serve and guard it,” so the Lord, for a second time in His world, bequeathed the “Land of Israel” to His people to be “the portion of their inheritance” according to their special actions. Israel, which is a people even without land and kingdom, is still called a “people” even before it attains “the land of its possession,” for the bond of nationality is not connected merely to the physical area of a place; rather, Israel is a “people” according to the great and enlightened idea inherent in the spirit of its essence. Israel bears this idea and the testimony of life, which it is called to fulfill, and this is in particular its divinely allotted portion. Nevertheless, because the Lord wished for Israel to be a “people” even in its external state among the nations, He gave it also a “special land” according to the special actions of His people. But in order that this land—which is intended to serve as the means to bring into effect the “name and testimony of Israel” in its fullness—does not become a source of stumbling or of corruption through the sin of property acquisition, the Lord commanded His people to observe these commandments in the land: “Shemittah” (the Sabbatical year), “Yovel” (the Jubilee), “Bikkurim” (first fruits), “Terumah” (offering), “Ma’aser” (tithes), “Challah” (dough offering). Especially concerning the acquisition of the land of Israel, Shemittah and Yovel, on the one hand, testify in themselves as a judgment of justice, since the Lord is the Master of all this property; and on the other hand, by prohibiting the labor of the land in its acquisition, they testify according to the understanding of “Sabbath” with regard to property acquisition in general. We must consider, on the one hand, “new produce” and “orlah” with regard to the acquisition of land in general, and on the other hand, “Bikkurim,” “Terumah,” “Ma’aser,” and “Challah,” since they are intended specifically for the acquisition of the “Land of Israel.” Of these latter, we will only mention “Challah,” which, according to the Kabbalah, remains incumbent upon us even now. Behold, if you have given your word and promise to give over ownership and money has been given in accordance with the decree, however, the sale has not been finalized by one of the methods of acquisition — we may not say that the matter was completed and they are allowed to go back on it. Nevertheless, if either the buyer or the seller goes back on it after money was received or after the buyer placed a sign on the merchandise, the curse of, "He who exacted payment," is given to him in court. That is, "He Who exacted payment from the people of the generation of the flood, and from the people of the generation of the dispersion, and from the people of Sodom and Gomorrah, and from the Egyptians at the Sea, He will exact payment from whoever does not stand by his word" (Bava Metzia 48a). And even one who only does business orally is obligated by his word, even though he has not performed an action. Yet even though a buyer or seller who only goes back on his word does not receive the curse of "He who exacted payment," he is called one lacking in faith. Anyone who promises something to his fellow in a way that his fellow should be able to rely upon it and goes back on it is considered someone lacking in faith (Choshen Mishpat 204). Indeed it is so — do not destroy [bal taschit]! That is God's first great general call to you, man. That is when you see yourself as the ruler and governor over the face of His earth. Behold, you see dirt, plants, and animals around you; and they already carry the seal of your human projects, to study and appraise them, through human effort and ingenuity, to serve your human purposes, to have them become your shelter, clothing, sustenance, and tools. So you have acquired them, that they should be in your possession, such that you stand amid your rulership over the face of the earth and all that exists are your servants to do your will and bidding. Yet you suddenly raise your hand to amuse yourself or to pour out your anger and swallow up and destroy something that can [otherwise] be used for your purposes. But you want to pound and break and obliterate that thing that you can make helpful and use properly. You surely desire this since, when you see creations below your level as things disconnected from justice and righteousness, you do not fear the Lord. Yet He is indeed their Shield and Protector, taking up their case with justice. So instead of thinking about them as means for the thoughtful acts of man, you see them haughtily, to have your power and the might of your will rule over them and to pour out your furious rage over them. Then the voice of God's great call thunders over you, "Do not destroy! Get away from it; act like a human being!" For it is truly only by using that which exists around you for the thoughtful and reasonable use of man as My Torah guides and designates that you are a man. Then you have power and possession over them. For I have given you, man, power and possession over them by way of a divine mandate. However, if you destroy, if you ruin, if you obliterate, you are no longer man, but rather a wild animal or a predatory beast, so that you no longer have possession over what exists around you. For I have lent them to you only for wise human use. So don't ever forget that I am the One who lent them to you! However, if you act perversely, if you act without intelligence and good sense towards anything, small or big, behold you are acting wickedly, rebelling and stealing from God's earth! Behold, you then turn into a murderer and robber of God's possessions. You are a sinner, and you have violated the holiness of the possession. Then God will make this call to you and protect everything, small or big, with this call. With the utterance of this word, He will grant righteous justice to the small or big against the plots of your heart and the violence of your hand! It is not for the sake of the prevention of bodily sickness that God arranged these laws about your food. Rather the Torah itself explains their reason: Just like the Temple of God, which symbolizes the ideal of the holy and sanctifies you for His sake, becomes defiled by impurity - that is, anything that is foreign to, or below the human realm (see the section on Service, Chapter 21) - so too are the forbidden foods "impure" for the holy sanctuary that you yourself constitute. Your body, your soul and your spirit form the essential playing field of your existence, which is designated for holiness. If you eat these foods, your body may well be nourished and become fatter. However, your animal impulse will be greatly aroused; or your body will only become a tool for your spirit. Instead of your soul becoming sanctified - meaning raising itself above any trace of animalism - it will descend to this low level, or become apathetic and lethargic. And your spirit can expect to encounter a greater struggle for which it is less equipped. It calls out to you again and again: It is impure to you! Do not defile yourselves with them! You will become impure from them! The meaning of becoming impure is to compromise preparedness for the designation of holiness. And behold you have been designated to be holy people, the children of a great holy congregation; and you have been chosen to attach yourselves to God and to walk in His ways. God said to you to be holy, "since I, your God, am holy." So then, you must guard your bodies like the holy sanctuary for your divine souls. As behold, the body is also for God. And that which is generally referred to as impure (tumah) is also referred to as something repulsive (sheketz), a disgusting thing. Something repulsive and disgusting is something that you reject on your own as a foreign body that is unfit for your constitution. And so just like your body naturally rejects anything that the sense of taste finds to be a foreign substance or unfit; so too must you reject these foods because they are repulsive, foreign and unfit for your spiritual constitution. Lest your spiritual constitution itself become repulsive, and you become distanced and turn away from your holy designation which you are meant to carry as a Jew. Likewise, abomination (toevah) - your spiritual constitution should abominate these foods, since they are antithetical to your spiritual designation and only nourish your animal impulse. These are the words of God's Torah. The main things about a mikveh (ritual bath) are: That the water should not be gathered by a person's possession, meaning a vessel; and also not arrive through any object that is susceptible to becoming impure. And [the water] must be gathered in one place. It can be flowing water or rain water that has not flown through or over anything that is susceptible to becoming impure. When rain water, it must be standing and not running. And the mikveh needs to have the necessary amount of water, and the like. Regarding the immersion, there may not be anything that separates between the thing that is being immersed and the water; and it must be completely placed within the water of the mikveh and fully immersed. (See Yoreh Deah 120, 201, 202.) Be fruitful and multiply! From now on, plant the planting of your species in the world. From now on, grow the thread of life at every instance and every time. Raise your offspring for all time so that they will continue to build and establish what you have left still unfinished and not yet sturdy. Plant your vine in the garden of the Lord, your species on the earth, so that it will grow to be a faithful planting in the vineyard of the House of Israel. And do everything in your power for your offspring, to raise them and educate them for God. And all the good things that you have acquired, fear of God, love of God, trust in God, living with faith in God — bequeath all these things to the next generation. With such an inheritance, you will continue through your offspring and their actions; and you, too, will live on and be remembered eternally. Let your house not be closed and sealed only for yourself and your household, to be a place of rest and peace only for yourselves. Rather let it be open for the benefit of the desolate poor people, for the hungry, the thirsty and for all who seek shelter and refuge for themselves. You should happily and lovingly bring in any guest who has no other letter of introduction that would recommend him except for that which comes from his being a creation of the Omnipotent, a son of our Father in Heaven. Hence receive him joyfully, bring him into your house, supply his needs and even accompany him [when he leaves] so that he will be secure on his journey. On these days that are memorial days of joy, they should not say such things that mention something sad relating to the fleetingness of life or sad thoughts about distressing matters - like veHu rachum (and He is merciful), rachum vechanun (merciful and compassionate), El erekh apayim (God full of patience) and yaankha (He should answer you). Likewise [is this the case] on other days primarily marked by joy besides Channukah and Purim: The fifteenth of Av; the fifteenth of Shevat; Rosh Chodesh (the first day of the month); Purim Katan; the thirty-third day of the omer; the eves of Yom Kippur and Rosh HaShanah; all of the month of Nissan; the days between Yom Kippur and Sukkot; from Rosh Chodesh Sivan until the day after Shavuot. Also [is this true] on private days of joy that have a national character, like a house of nuptials and a milah (circumcision). (They say yaankha at a milah with regard to the child for his healing.) Also [do we omit these] at the house of a mourner and on Tisha B'Av, for other reasons. 2) Festivals First we acknowledge that the creation of both the body and the spirit of the Jewish people was from God ("You have chosen us... And you have brought us close"); and that the maintenance of the body and the spirit of the nation is also an act of God ("and Your great name"). We then make note of the special import of this holiday ("and gave"). Then we speak about the special character of the day - whether it is about the creation of the Jewish people or its maintenance, the request from God concerning the creation or maintenance of the Jewish people is in, "May it come and may it ascend," and in, "And raise up for us." This is like, "God and God of our Forefathers, accept," on Shabbat. This is to bring down the blessing of the holiday: Life, peace and joy - may they come to fruition in our lives. And after the standing prayer (amidah), we recite the Hallel. On the first days of Pesach and on all the days of Sukkot, it is 'full Hallel,' like Chanukkah. But on the later days of Pesach, it is like Rosh Chodesh (the first day of the month): We skip [some sections] and recite 'half Hallel.' (The reason is explained nicely: It is because the latter days of Pesach do not only remind us of the salvation of the Jewish people, but rather also of the downfall of the Egyptians and their drowning in the sea. So it is like the Sages, may their memory be blessed, say [Yalkut Shimoni on Nakh 1085], that it is not good to say and prolong verse and praise about the destruction of the creations of God. That is why Hallel is not full [on those days]. Tisha B'Av at night: The scroll of Lamentations. It is the emotions of the prophet Jeremiah's soul and his dirge that he took up about the destruction of the holy city of Jerusalem and the Temple. And it is especially about the sin that Jerusalem and his people sinned, which is what caused that awful destruction to happen. And while glancing with eyes full of tears, he instructs and shows the path that leads to repentance and towards the revival of Israel, to renew our days as of old (alluding to Lamentations 5:21). Sukkot: They recite Ecclesiastes in the morning service of Shabbat of the intermediate days of the festival (Chol HaMoed) of Sukkot. As it shows that the maintenance of the body and the spirit of the nation is through God. This is in order to know that, without God, all human competition, all human actions and calculations, as well as the results of the toil of his efforts and his mighty hand - they are altogether empty.
איך בכל זאת אפשר להסביר את החיסרון בפעולה בשינוי לדעת הרש"ר?
(רמז: לדעת הרש"ר התכנון מבטא את ייחודיות האדם ביצירתו – עיין בדבריו המובאים לעיל לגבי מקלקל.)
מתעסק
הצד צבי וכו'. תנו רבנן: הצד חלזון והפוצעו - אינו חייב אלא אחת, רבי יהודה אומר: חייב שתים. שהיה רבי יהודה אומר: פציעה - בכלל דישה. אמרו לו: אין פציעה בכלל דישה. אמר רבא: מאי טעמא דרבנן - קסברי: אין דישה אלא לגדולי קרקע. וליחייב נמי משום נטילת נשמה! אמר רבי יוחנן: שפצעו מת. רבא אמר: אפילו תימא שפצעו חי, מתעסק הוא אצל נטילת נשמה. והא אביי ורבא דאמרי תרווייהו: מודה רבי שמעון בפסיק רישא ולא ימות! - שאני הכא, דכמה דאית ביה נשמה - טפי ניחא ליה, כי היכי דליציל ציבעיה.
As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life.
...א"ר יהודה: אפילו נתכוון ללקוט תאנים וליקט ענבים, ענבים וליקט תאנים, שחורות וליקט לבנות, לבנות וליקט שחורות - ר"א מחייב חטאת, ור' יהושע פוטר. [אמר ר"ש:] תמיהני אם פטר בה ר' יהושע. א"כ, למה נאמר אשר חטא בה? פרט למתעסק.
The baraita continues by citing a dispute concerning Rabbi Shimon’s opinion. Rabbi Shimon exempts him from the obligation to bring an offering in this particular case. Since he became pure in between, at no point did he have definite knowledge that he was impure. For one to be liable to bring an offering for entering the Temple in a state of ritual impurity he must have knowledge of the impurity at the beginning and the end, and a lack of knowledge in the middle. Rabbi Shimon ben Yehuda deems him exempt from the obligation to bring an offering in all of those cases, and he reports this opinion in the name of Rabbi Shimon. Before explaining the contradictions between the opinions of Rabbi Yoḥanan and Reish Lakish, the Gemara asks a question about Rabbi Shimon ben Yehuda’s statement: Can it be that Rabbi Shimon holds that one is exempt even in the first case? Since he walked down both paths prior to entering the Temple, he had definite knowledge of his impure status. Rava said: What are we dealing with here? We are dealing with a case where he walked on the first path, and at the time of his walking on the second path he forgot that he had previously walked on the first path. Consequently, the knowledge that would render him liable to bring a sin offering is incomplete. And it is with regard to this point that they disagree: The first tanna holds that partial knowledge is considered like full knowledge, and Rabbi Shimon holds that partial knowledge is not considered like full knowledge. The Gemara returns to discuss the contradictions for which it cited this baraita. The Master said: If he walked on the first path and entered the Temple, and then he received the sprinkling of the ashes of the red heifer on the third and seventh days, and immersed, and subsequently walked on the second path and entered the Temple, he is liable to bring a sin offering. The Gemara asks: Why is he liable? After all, he did not have definite knowledge of his ritual impurity each time he entered the Temple. Although it is certain that after walking on the second path he had contracted ritual impurity at some point, as he had been purified in between, there was no specific point at which he had knowledge of definite impurity. Reish Lakish said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yishmael, who does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. Rabbi Yoḥanan said: You may even say that it is in accordance with the opinion of the Rabbis, who maintain that definite knowledge is necessary to render one liable to bring a sin offering, as here they rendered uncertain knowledge like full knowledge. The Gemara explains the contradiction: It enters your mind to say that Rabbi Yoḥanan meant that here they rendered uncertain knowledge like full knowledge, and the same is true for the entire Torah. Therefore, it is difficult, as there is an apparent contradiction between the statement of Rabbi Yoḥanan above and this statement of Rabbi Yoḥanan. Here, Rabbi Yoḥanan says that uncertain knowledge is considered like full knowledge, whereas earlier he stated that uncertain knowledge, unlike full knowledge, does not divide separate unwitting transgressions to render one obligated to bring multiple sin offerings. And likewise it is difficult with regard to the apparent contradiction between the statement of Reish Lakish earlier and the statement of Reish Lakish here. Reish Lakish previously stated that Rabbi Yehuda HaNasi maintains that uncertain knowledge divides unwitting transgressions to render one obligated to bring separate sin offerings, whereas here he explains that the baraita is in accordance with the opinion of Rabbi Yishmael, not Rabbi Yehuda HaNasi. The Gemara comments: Granted, the apparent contradiction between one statement of Rabbi Yoḥanan and the other statement of Rabbi Yoḥanan is not difficult. One can answer that when he said: Here they rendered uncertain knowledge like full knowledge, he meant specifically here, but with regard to the entire Torah it is not considered like full knowledge. The Gemara asks: What is the reason that this particular case is an exception? Here, with regard to ritual impurity, it is written: “Or if anyone touch any impure thing…and it was concealed from him that he is impure” (Leviticus 5:2). This indicates that even when one has knowledge that has an uncertainty to it, the verse renders him obligated to bring an offering. But with regard to the rest of the entire Torah it is written: “If his sin, which he has sinned, be known to him” (Leviticus 4:28). This teaches that it is only if he has full knowledge that he is obligated to bring an offering. But the contradiction between one statement of Reish Lakish and the other statement of Reish Lakish is difficult: Instead of interpreting the baraita in accordance with the opinion of Rabbi Yishmael, he should interpret it in accordance with the opinion of Rabbi Yehuda HaNasi. The Gemara answers: This is what Reish Lakish is teaching us by establishing the baraita in accordance with Rabbi Yishmael: That Rabbi Yishmael also does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. The Gemara objects: But that is already taught explicitly in a mishna, as we learned (Shevuot 14b) that Rabbi Yishmael says: The verse states: “It was concealed from him” (Leviticus 5:2–3), twice. One mention of the phrase serves to render one obligated to bring a sin offering for a lapse of awareness of his state of ritual impurity when he entered the Temple, and the other mention of the phrase teaches that he is obligated to bring a sin offering for a lapse of awareness during which he forgot that the building he was entering while impure was the Temple. Since this is the same verse that is the source for the requirement of knowledge at the outset, evidently Rabbi Yishmael disagrees with this opinion, as he derives a different halakha from the verse. The Gemara explains: It was necessary for Reish Lakish to state that Rabbi Yishmael does not require knowledge at the outset, as it might enter your mind to say: Although Rabbi Yishmael has no verse from which he could derive this requirement, perhaps he has a tradition with regard to the requirement of prior knowledge. By establishing that the baraita is in accordance with the opinion of Rabbi Yishmael, Reish Lakish teaches us conclusively that Rabbi Yishmael does not require knowledge at the outset. MISHNA: If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin. Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day. With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering. Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin. Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: “If his sin, wherein he has sinned” (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all. GEMARA: With regard to the first clause of the mishna and the dispute between Rabbi Eliezer and Rabbi Yehoshua, it is taught in a baraita that Rabbi Eliezer says: Whichever way you look at it he is liable to bring a sin offering. If it was forbidden fat that he ate, he is liable; and if it was notar that he ate, he is also liable. If it was with his menstruating wife that he engaged in intercourse, he is liable; and if it was with his sister that he engaged in intercourse, he is also liable. If it was on Shabbat that he performed the forbidden labor, he is liable; and if it was on Yom Kippur that he performed the labor, he is also liable. The result of any one of these scenarios is that he is liable to bring a sin offering. Rabbi Yehoshua said to him in response: The verse states: “If his sin, which he has sinned, be known to him, he shall bring for his offering a goat, a male without blemish” (Leviticus 4:23). It is derived from the phrase: “Wherein he has sinned,” that he is not liable until it becomes known to him specifically with which item he sinned. The Gemara asks: And as for Rabbi Eliezer, what does he do with this phrase: “Which he has sinned”? The Gemara answers: He requires it for the halakha that only one who is aware of his action is liable, as this phrase excludes one who acts unawares and inadvertently commits a transgression.
שם ע"ב:
ר' שמעון שזורי ור"ש אומר: לא נחלקו כו'; אם כן, מה ת"ל אשר חטא בה? פרט למתעסק. אמר רב נחמן אמר שמואל: מתעסק בחלבים ועריות - חייב, שכן נהנה; מתעסק בשבת - פטור, מלאכת מחשבת אסרה תורה. א"ל רבא לרב נחמן: והא תינוקות דכי מתעסק דמי, ותנן: מי שהיו לו שני תינוקות, אחד למול בשבת ואחד למול אחר השבת, ושכח ומל את של אחר השבת בשבת - רבי אליעזר מחייב חטאת, ורבי יהושע פוטר; עד כאן לא פטר רבי יהושע אלא משום דקסבר: טעה בדבר מצוה ולא עשה מצוה - פטור, אבל מתעסק בדבר דלאו מצוה, אפילו רבי יהושע מחייב! אמר לו: הנח לתינוקות, הואיל ומקלקל בחבורה חייב, מתעסק בחבורה חייב.
שו"ת רבי עקיבא איגר קמא סימן ח:
ונ"ל דבר חדש דמה דממעטינן מאשר חטא בה פרט למתעסק לא דמתעסק לא נעשית העבירה כלל אלא דמקרי עבירה בשוגג... אבל מה דממעטינן מטעם דמלאכת מחשבת אסרה תורה היכא דליכא מלאכת מחשבת אינו בכלל מלאכה ולא נעשה העבירה כלל.
קובץ שיעורים פסחים רטו:
בהשגות הראב"ד על בעל המאור שילהי פסחים כתב, דשאני מצות אכילה, משאר מצות דצ"כ משום דנהנה, דאמרינן, דמתעסק בחלבים חייב שכן נהנה, ומזה נראה דמתעסק בכל האיסורין מותר, ולא כמ"ש להסתפק בשו"ת הגרע"א, דאינו אלא לענין לפטור מקרבן, דבשלמא אי מתעסק בכל האיסורין שרי לגמרי, ובחלב אסור מטעמא דנהנה, שייך ללמוד מצות מאיסורין, כמו דבאיסורין מתעסק אינו איסור ומ"מ בחלב אסור מטעמא דנהנה, ה"נ במצות מתעסק אינה מצוה ובאכילה הוי מצוה, אבל אם מתעסק אינו אלא גזה"כ לפטור מקרבן ואיסור הוא, אינו שייך כלל ללמוד מזה לענין מצות.
איך אפשר להסביר את המחלוקת שלהם על פי הכיוונים דלעיל?
(רמז: אם שייך 'מתעסק' במצוות, ורק בשבת יש פטור, אזי החיסרון הוא בכוונה. אבל אם 'מתעסק' הוא פטור גורף, אזי החיסרון הוא במעשה. יש לשים לב שלשיטת הצפנת פענח השאלה פתורה, שהרי לא בטוח שטורח במתעסק נחשב טורח.)
שניים שעשאוה
מתני'. המוציא ככר לרשות הרבים - חייב. הוציאוהו שנים - פטורין. לא יכול אחד להוציאו והוציאוהו שנים - חייבין, ורבי שמעון פוטר.
גמ'. אמר רב יהודה אמר רב, ואמרי לה אמר אביי, ואמרי לה במתניתא תנא: זה יכול וזה יכול - רבי מאיר מחייב, ורבי יהודה ורבי שמעון פוטרים. זה אינו יכול וזה אינו יכול - רבי יהודה ורבי מאיר מחייבים, ורבי שמעון פוטר. זה יכול וזה אינו יכול - דברי הכל חייב. תניא נמי הכי: המוציא ככר לרשות הרבים - חייב, הוציאו שנים - רבי מאיר מחייב ורבי יהודה אומר: אם לא יכול אחד להוציאו והוציאו שנים - חייבין, ואם לאו - פטורים, ורבי שמעון פוטר. מנא הני מילי - דתנו רבנן: בעשתה העושה את כולה, ולא העושה את מקצתה. כיצד: שנים שהיו אוחזין במלגז ולוגזין, בכרכר ושובטין, בקולמוס וכותבין, בקנה והוציאו לרשות הרבים, יכול יהו חייבין - תלמוד לומר בעשתה - העושה את כולה ולא העושה מקצתה.
בעיגול של דבילה והוציאו לרשות הרבים, בקורה והוציאו לרשות הרבים, רבי יהודה אומר: אם לא יכול אחד להוציאו והוציאוהו שנים - חייבין, ואם לאו - פטורין. רבי שמעון אומר: אף על פי שלא יכול אחד להוציאו והוציאוהו שנים - פטורים, לכך נאמר בעשתה - יחיד שעשאה חייב, שנים שעשאוה פטורין.
And if you say that the people of Hotzal do so and therefore they should be liable, their intention is rendered irrelevant by the opinions of all other people. MISHNA: One who intends to carry out an object with the object before him, and as he was walking the object came to be carried behind him, is exempt. However, if he intended to carry it out behind him and it came to be carried before him, he is liable. In truth they said: A woman who girded herself in a pants-like sinar worn beneath the outer garments, whether she placed an object before her or behind her, and it came to be carried on the other side, she is liable, as it is common for the sinar to be reversed. Rabbi Yehuda says: Even those royal couriers, who receive notes [pittakin], carry those notes in their belts, and are not particular where on their belt they carry the notes (Rav Hai Gaon), are liable for carrying out the notes whether they carried them before them or behind them. GEMARA: The Gemara asks: What is different about the case of one who intended to carry an object before him and it came to be carried behind him that he is exempt? The reason is that his intention was not realized. Since he did not perform the act that he intended to perform, he is exempt. If so, then even in the case of one who intended to carry an object behind him, and it came to be carried before him, he should also be exempt because his intention was not realized. Rabbi Elazar said: This mishna is disjointed, in the sense that it cites the opinions of two different Sages. He who taught this halakha did not teach that halakha. Rava said: And what difficulty is there here? Perhaps it can be explained as follows. With regard to one who intended to carry an object before him, and it came to be carried behind him, this is the reason that he is exempt: He intended to provide the object with outstanding protection, seeing it at all times, and ultimately he managed to provide the object with reduced protection. Since that was not his intention, it is not considered a prohibited labor and he is exempt. Whereas one who intended to carry an object behind him, and it came to be carried before him, this is the reason he is liable: He intended to provide the object with reduced protection, and ultimately he managed to provide the object with outstanding protection. Rather, what is the difficulty here? It is the inference inferred from the mishna that is difficult. One who intends to carry out an object before him, and the object came to be carried behind him, is exempt. By inference: One who intends to carry out an object behind him, and indeed, the object came to be carried behind him, is liable. Say the latter clause of the mishna: One who intends to carry out an object behind him, and it came to be carried before him, is the case where he is liable. By inference: One who intends to carry out an object behind him, and indeed, the object came to be carried behind him, is exempt. The inference from the first clause contradicts the inference from the latter clause. Rabbi Elazar said: This mishna is disjointed. He who taught this halakha did not teach that halakha. Rav Ashi said: What difficulty is there here? Perhaps the mishna is stating the halakha utilizing the following didactic style: It was not necessary, and it should be understood as follows. It was not necessary to teach that a person who intended to carry the object behind him, and it came to be carried behind him, is liable. That is obvious because his intention was realized. However, it was necessary for the mishna to teach that even in a case where he intended to carry the object behind him, and it came to be carried before him, he is liable. It would have entered your mind to say: Since his intention was not realized, he should not be liable. Therefore, the mishna teaches us: Since he intended to provide the object with reduced protection, and ultimately he managed to provide the object with outstanding protection, he is liable. And the case where one intended to carry out the object behind him, and it came to be carried behind him, is the subject of a dispute between the tanna’im, as it was taught in a baraita: One who carried out coins in his money belt, and its opening was facing up, is liable because this is the typical method of carrying coins. However, if one carried it out with its opening facing down, Rabbi Yehuda deems him liable, and the Rabbis deem him exempt. Rabbi Yehuda said to the Rabbis: Do you not agree that in a case where one intends to carry the object behind him, and it came to be carried behind him, that he is liable? Apparently, one who intended to provide his object with reduced protection and realized that intention is liable. And they said to him: And do you not agree that one who carries out an object in a backhanded manner or with his foot is exempt? Apparently, carrying out an object in an atypical manner is not considered carrying. Rabbi Yehuda said: I said one thing to the Rabbis in support of my opinion, and they said one thing to me. I did not find a response to their statement, and they did not find a response to my statement. From the fact that he said to them: Do you not agree that in a case where one intends to carry the object behind him, and it came to be carried behind him, he is liable? Can it not be inferred that the Sages deem one exempt in that case? Apparently, Rabbi Yehuda and the Rabbis dispute this matter. The Gemara asks: And according to your reasoning, from the fact that the Rabbis said to Rabbi Yehuda: Do you not agree that one who carries out an object in a backhanded manner is exempt, can it not be inferred that Rabbi Yehuda deems one liable, even for carrying out in a backhanded manner? Wasn’t it taught explicitly in a baraita: With regard to one who carries an object out in a backhanded manner or with his foot, everyone agrees that he is exempt? Rather, the baraita should be understood as follows. With regard to one who intended to carry an object behind him, and the object came to be carried out behind him, everyone agrees that he is liable. With regard to one who carried out an object in a backhanded manner or with his foot, everyone agrees that he is exempt. Where they disagree is in a case where one carried coins in his money belt with its opening facing down. This Master, Rabbi Yehuda, likens it to the case of one who intended to carry an object behind him and the object came to be carried out behind him, and deems him liable; and this Master, the Rabbis, liken it to the case of one who carried out an object in a backhanded manner or with his foot, and deems him exempt. We learned in the mishna: In truth they said: A woman who girded herself in a pants-like sinar, whether she placed an object before her or behind her, and it came to be carried on the other side, she is liable. It was taught in the Tosefta: In every instance that the mishna employs the phrase: In truth, that is the undisputed halakha. And we learned in the mishna: Rabbi Yehuda says that even those who receive notes, i.e., royal couriers who transmit messages, place notes in their belts, and are not particular about which side the note is on (Rav Hai Gaon), are liable for carrying out notes, whether they carry the notes out in front of them or behind them. We learned a different explanation: Because the royal scribes do this, they place their notes on all sides of their belts. MISHNA: One who carries a large mass out to the public domain on Shabbat is liable. If two carried it out together, they are exempt because neither performed a complete prohibited labor. However, if one person is unable to carry it out alone, and therefore two people carried it out, they are liable. And Rabbi Shimon deems them exempt even in that case. GEMARA: Rav Yehuda said that Rav said, and some say that Abaye said this, and some say that it was taught in a baraita: With regard to an action performed by two people, when this person is capable of performing it alone, and that person is capable of performing it alone, Rabbi Meir deems them liable, and Rabbi Yehuda and Rabbi Shimon deem them exempt. If both this person is incapable and that person is incapable of performing the action alone, and therefore they performed it together, Rabbi Yehuda and Rabbi Meir deem them liable, and Rabbi Shimon deems them exempt. If this person is capable, and that person is incapable, and they performed it together, everyone agrees that he is liable. That was also taught in a baraita: One who carries a large mass out to the public domain on Shabbat is liable. If two carried it out together, Rabbi Meir deems them liable, and Rabbi Yehuda says: If one is incapable of carrying it out, and two carried it out, they are liable. And if not, if each person is capable of carrying it out himself, and nevertheless they carried it out together, they are exempt. And Rabbi Shimon deems them exempt even if neither was capable of performing the action alone. The Gemara asks: From where are these matters derived? What is the biblical source of these halakhot? The Gemara answers that the source is as our Sages taught in Torat Kohanim, the halakhic midrash on Leviticus. It is written: “And if one person among the common people sins unwittingly by performing it, any one of God’s commandments not to be done, and be guilty” (Leviticus 4:27). The Gemara interpreted: “By performing it,” means that one who performs a transgression in its entirety is liable, and not one who performs part of it. How so? If two people were holding a pitchfork and gathering the stalks, or holding a shuttle and weaving the threads of the warp, or holding a quill and writing, or holding a reed and carrying it out to the public domain, I might have thought they are liable, therefore the verse states: “By performing it.” One who performs a transgression in its entirety is liable, and not one who performs only part of it.
משנת יעבץ או"ח סימן לט, ד (קכו ע"ב):
הרי פליגי ת"ק ור"ש בזה אינו יכול וזה אינו יכול, ת"ק סובר שחייבים... והנה כתב רש"י שם דף צג ע"א, בטעמא דת"ק וז"ל, "וחד יתרא למעוטי אע"פ דעבדי כי הדדי, דהאי עביד כולה והאי עביד כולה, ומיהו זה יכול וזה יכול הוא דממעיט, דלאו אורחיה למעבדה בתרי". הרי מבואר דהטעם הוא דשנים שעשאוהו פטורין משום "דלאו אורחיה למעבדה בתרי" והיינו דהוא דין מסויים במלאכת שבת דבעינן מלאכת מחשבת, ובשנים שעשאוהו לא הוי מלאכת מחשבת "דלאו אורחיה למעבדה בתרי", אבל בזה אינו יכול וזה אינו יכול "דאורחייהו למיעבד בתרי" כמש"כ רש"י שם בשבת צג ע"א, סובר ת"ק דחייבין משום דיש על זה תורת מלאכת מחשבת גם בשנים שעשאוהו... אולם לר"ש דגם בזה אינו יכול וזה אינו יכול שנים שעשאוהו פטורין, ואע" דאורחייהו למיעבד בתרי, מ"מ סובר ר"ש דשנים שעשאוהו פטורין, דאין זה דין מסויים במלאכת שבת משום דבעינן מלאכת מחשבת, ואין על זה תורת מלאכה כשעשאוהו שנים... דר"ש סובר דשנים שעשאוהו הוא פטור בגברא העושה את מעשה העבירה, דלא חשיב עושה עבירה.
איך אפשר להסביר את מחלוקת התנאים על פי הכיוונים דלעיל?
(רמז: לפי איזה כיוון הולך ר' מאיר שמחייב, למרות שזה משונה ואולי לא עשה פעולה מוגדרת ומסוימת, לרש"י שזה תלוי באורחיה? ולר' שמעון, שזה פטור גברא – לדעת מי הפגם במעשה ולדעת מי הפגם בכוונה ובתכנון, ולפי איזה כיוון הולך כל אחד?)

מלאכות שבת

אבות מלאכות ארבעים חסר אחת: הזורע, והחורש, והקוצר, והמעמר, והדש, והזורה, הבורר הטוחן והמרקד, והלש, והאופה. הגוזז את הצמר, המלבנו, והמנפצו, והצובעו, והטווה, והמיסך, והעושה שתי בתי נירין, והאורג שני חוטין, והפוצע שני חוטין, הקושר, והמתיר, והתופר שתי תפירות, הקורע על מנת לתפור [שתי תפירות]. הצד צבי, השוחטו, והמפשיטו, המולחו, והמעבד את עורו, והממחקו, והמחתכו. הכותב שתי אותיות, והמוחק על מנת לכתוב שתי אותיות. הבונה, והסותר, המכבה, והמבעיר, המכה בפטיש, המוציא מרשות לרשות. הרי אלו אבות מלאכות, ארבעים חסר אחת.
Rather, is it not that the first clause of the baraita is dealing with the contrast between Shabbat and idolatry, and the latter clause of the baraita is dealing with contrasting Shabbat and other mitzvot? And what are the circumstances of: Unwitting without intent, with regard to other mitzvot? It is in a case where one thought that it was permitted fat, and ate it, and later discovered that it was forbidden fat. This is one example of other mitzvot where one is liable. That is not the case with regard to Shabbat, where he is exempt, as one who intended to cut a detached plant and unwittingly severed a plant still attached to the ground is exempt. And according to Abaye, who holds that he is liable in that case, what are the circumstances of: Unwitting without intent, with regard to other mitzvot? It is in a case where one had something in his mouth and he thought it was spittle and swallowed it with no intention to eat it, and it turned out to be forbidden fat that he swallowed. This is one example of other mitzvot, where he is liable. That is not the case with regard to Shabbat, where the phrase: He is exempt, is referring to the case of one who intended to lift a plant detached from the ground and mistakenly severed a plant still attached to the ground. In that case, even Abaye agrees that he is exempt. However, one who intended to cut a detached plant and unwittingly severed a plant still attached to the ground is liable since he intended to perform a standard act of cutting. Therefore, no proof can be cited from this baraita. A similar dispute between Abaye and Rava was stated. In the case of one who intended to throw an object two cubits in the public domain, for which he would not be liable by Torah law, and it turned out that he threw it four cubits, in violation of the prohibition by Torah law against carrying an object four cubits in the public domain, Rava said: He is exempt. Abaye said: He is liable. The Gemara elaborates: Rava said: He is exempt, as he does not intend to execute a throw of four cubits, and, consequently, does not intend to perform a prohibited act. Abaye said: He is liable, as he intends to execute a standard throw, and ultimately a throw that traveled a prohibited distance was executed. Another dispute between them was stated. In the case of one who thought that he was in the private domain and threw an object more than four cubits, and, ultimately, it was found to be the public domain, Rava said: He is exempt. And Abaye said: He is liable. The Gemara elaborates: Rava said: He is exempt, as he does not intend to execute a prohibited throw. In a private domain, he may throw an object as far as he chooses. And Abaye said: He is liable, as he intends to execute a standard throw. The Gemara comments: And it is necessary to mention these three disputes, despite their similarities, because each one teaches a unique element. As, had the Gemara taught us only the first, the case of one who intended to lift a plant detached from the ground and mistakenly severed a plant still attached to the ground, we would have said that it was only in that case that Rava said he is exempt, as he does not intend to perform an act of prohibited severing. He had no intention to perform an action that entails desecration of Shabbat. However, the ruling in the case of one who intended to throw an object two cubits in the public domain and he threw it four cubits would be more stringent, as an object cannot be thrown four cubits without being thrown two cubits. A throw of two cubits is a component part of the four-cubit throw. Consequently, say that in that case Rava agrees with Abaye, as he performed an act that has a prohibited dimension to it. And, had the Gemara taught us the dispute in this case of throwing two cubits as well, we would have said that it is only in that case that Rava says that he is exempt, as he does not intend to execute a throw of four cubits. A throw of fewer than four cubits does not constitute a transgression. However, in the case of one who thought that he was in the private domain, and ultimately it was found to be the public domain where the individual intends to execute a throw of four cubits, which is a prohibited distance, say that Rava agrees with Abaye that he is liable. Therefore, it is necessary to mention all three cases in which they disagree. We learned in a mishna: The primary categories of labor are forty-less-one, and we discussed it and asked: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all of the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Granted, according to Abaye, who said that in a case like that one mentioned above, where one intended to throw an object two cubits and it traveled four cubits he is liable, you find that circumstance in a case where he was aware that the prohibition of Shabbat applies to certain labors, and he was aware that particular labors were prohibited, and was mistaken with regard to measures. He intended to perform an act involving less than the prohibited measure, and it turned out that the action he performed involved an amount equal to or greater than the prohibited measure. That is an unwitting act that renders him liable to bring a sin-offering, according to Abaye. However, according to Rava, who said that he is exempt in a case where one intended to throw an object two cubits and it traveled four cubits, in what circumstances do you find that he would be liable for each and every one? Is it in a case where, with regard to Shabbat, his actions were intentional, and, with regard to the prohibited labors, his actions were unwitting? It works out well if he holds in accordance with the opinion of Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition and performed the transgression intentionally, he is considered to have sinned unwittingly. If he holds in accordance with that opinion, you find a case where one could be liable for each and every prohibited labor when he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, if he holds in accordance with the opinion of Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. The question then arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva, who holds that this prohibition is by Torah law. MISHNA: This fundamental mishna enumerates those who perform the primary categories of labor prohibited on Shabbat, which number forty-less-one. They are grouped in accordance with their function: One who sows, and one who plows, and one who reaps, and one who gathers sheaves into a pile, and one who threshes, removing the kernel from the husk, and one who winnows threshed grain in the wind, and one who selects the inedible waste from the edible, and one who grinds, and one who sifts the flour in a sieve, and one who kneads dough, and one who bakes. Additional primary categories of prohibited labor are the following: One who shears wool, and one who whitens it, and one who combs the fleece and straightens it, and one who dyes it, and one who spins the wool, and one who stretches the threads of the warp in the loom, and one who constructs two meshes, tying the threads of the warp to the base of the loom, and one who weaves two threads, and one who severs two threads for constructive purposes, and one who ties a knot, and one who unties a knot, and one who sews two stitches with a needle, as well as one who tears a fabric in order to sew two stitches. One who traps a deer, or any living creature, and one who slaughters it, and one who flays it, and one who salts its hide, a step in the tanning process, and one who tans its hide, and one who smooths it, removing hairs and veins, and one who cuts it into measured parts. One who writes two letters and one who erases in order to write two letters. One who builds a structure, and one who dismantles it, one who extinguishes a fire, and one who kindles a fire. One who strikes a blow with a hammer to complete the production process of a vessel (Rabbeinu Ḥananel), and one who carries out an object from domain to domain. All these are primary categories of labor, and they number forty-less-one.

סידורא דפת

זורע
הגהת הרש"ש שם ד"ה 'במשנה הזורע':
במשנה הזורע הן אף כ"ז שלא נשרש כמאן דשדי בכדא דמי – עיין (מנחות סט) מ"מ כיון דע"י זריעתו עתה ישרש אח"כ חייב כמו אופה וצולה דחייב אף על פי שנאפה ונצלה אח"כ מאליו (וע"ש סוף דפים נו ונז) והנה אם לקט הזרע קודם שנשרש נראה דפטור למפרע על מה שזרע כיון דלא נתקיימה מחשבתו ודבר זה יש ללמוד מבעיא דרבב"א בריש מכילתין דאם רודהו קודם שנאפה פטור וגדולה מזו משמע בתוס' ק"ע בירושלמי דפרקין (ד' כח ע"א דפוס דעסי) בד"ה כל דבר דאם עקר דבר מגידולו אם שוב שתלו אח"כ פטור וזה ודאי ל"נ כלל דכיון דכבר גמר מלאכת העקירה. (וזה דומה למש"כ הרא"ש בפ"ב דביצה סוף סימן יז ע"ש]. משא"כ הכא היכא דלא נשרש עדיין לא נעשה כלום דכמאן דשדא בכדא דמי והנה בזורע משמע דחייב אף דההשרשה לא תהיה אלא בחול עמש"כ בפ"ב דכלאים מ"ג, וכן הנוטע חייב אף דזמן קליטתו נמשכת ע' בפ"ב דשביעית מ"ו. ומזה נ"ל דכן האופה בשבת עם חשיכה חייב אף דאין שהות שתגמר אפייתו בעו"י.
אך זה אינו דאם נאמר דעיקר הזריעה היינו בהשרשה, א"כ אם זרע בשבת ונשרש אחר כך בחול לא יהיה חייב כמו אופה לעיל, אם כן אמאי מבואר במשנה שבת עג ע"א הזורע חייב, וכן בגמרא הנוטע והמבריך והמרכיב עיין בשבת פרק כלל גדול [שם ע"ב], הא קיימא לן בר"ה י ע"ב ובפסחים נה ע"א פלוגתא, חד אמר דלקליטה צריך שלושים יום וחד אמר ארבעה עשר יום, ור"י סבירא ליה שלשה ימים בעינן. ואנן פסקינן י"ד לקליטה, עיין ר"מ פ"ט ממעשר שני ונטע רבעי ושו"ע סי' רצד ס"ד, א"כ היאך חייב משום זורע, דממה נפשך אם זרע בחול וזמן הקליטה יהיה בשבת ודאי פטור אליבא דכולי עלמא כמו כל המלאכות דמותר מבעוד יום אף שהמלאכה נעשית בשבת, כמו שכתבתי לעיל, ובודאי מיירי בזרע בשבת, א"כ היאך חייב הא אינו נקלט הזריעה אליבא דכולי עלמא פחות משלשה ימים, וא"כ נקלט בחול אמאי חייב, ועיין ר"ה י ע"ב ובפסחים נה ע"א, א"כ נפל דין זה דזורע ונוטע בבירא, היאך משכחת לה דחייב הא נשרש בחול.
עכרחך צריך לומר דיש חילוק, בשלמא מבשל או אופה גמר האפיה או הבישול נקרא בשם אפיה או בישול, אבל קודם שנאפה לא נקרא בשם אפיה כלל אף דנתן לתוך התנור, אבל לשון זריעה חל תיכף כשמנפץ הזרע על גבי קרקע הוי זורע, אף דהוי כמאן דמנח בדיקולי היינו לענין המוזכר לעיל דלא מבואר בקרא זריעה, א"כ אף דהוי זריעה מ"מ אפשר דהוי כתלוש לענין עומר, אבל לשון זריעה שייך שפיר תיכף קודם שנקלט, על כן חייב תיכף בשבת ויום טוב. א"כ לפי זה אם לקט מן הארץ תיכף אחר הזריעה בודאי חייב דהרי נגמרה מלאכתו בזריעה לחוד ועל זה חייבה התורה, והוי כמו כותב ומוחק תיכף או אפילו כותב על מנת למחוק תיכף בודאי חייב, הכא נמי חייב.
איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
(רמז: למי חשוב המעשה לכשעצמו ולמי חשובים התכנון והתוצאה?)
תנא: הזורע והזומר והנוטע והמבריך והמרכיב כולן מלאכה אחת הן. מאי קא משמע לן? [הא קא משמע לן]: העושה מלאכות הרבה מעין מלאכה אחת - אינו חייב אלא אחת. אמר רבי אחא אמר רבי חייא בר אשי אמר רבי אמי: זומר חייב משום נוטע, והנוטע והמבריך והמרכיב חייב משום זורע. משום זורע אין, משום נוטע לא? אימא: אף משום זורע.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
כולן מלאכה אחת הן – דזומר נמי לצמוחי אילנא הוא, ונפקא מינה דאי עבד ליה כולן בהדי זורע - לא מיחייב אלא חדא, דהעושה מלאכות הרבה כו' זורע אב מלאכה, ונוטע נמי אב מלאכה הוא - דהיינו זורע, אלא שזה בזרעים וזה באילנות, וכן מבריך ומרכיב, אבל זומר תולדה.
זומר חייב – משום תולדת נוטע, דלצמוחי עביד.
וכן אחד הזורע זרעים או הנוטע אילנות או המבריך אילנות או המרכיב או הזומר, כל אלו אב אחד הן מאבות מלאכות וענין אחד הוא, שכל אחת מהן לצמח דבר הוא מתכוין.
Similarly, one who sows seeds, plants trees, extends trees,2One of the methods of agriculture common in the Talmudic period was to plant vines - and in certain instances, trees - by taking a branch from an existing vine or tree and, without severing it from its source, burying it in the ground. In this manner, it would sprout roots, and ultimately a new plant would grow from this base. grafts [branches to] trees,3Taking branches from one tree and grafting them to another so that they will grow. or prunes trees:4As the Rambam states in Chapter 8, Halachah 2, pruning a tree is beneficial in causing it to grow. He also explains this concept in his Commentary on the Mishnah, Sh'vi'it 4:5, "One cuts off [branches] at a specific place to improve the tree."
The Eglei Tal and others note that the Rambam (Hilchot Shemitah 1:3, based on Mo'ed Katan 3a) considers pruning merely a derivative of planting with regard to the concept of forbidden labor in the Sabbatical year, while in the present context it is considered in the same status as planting itself.
The Eglei Tal resolves this difficulty on the basis of the principle that with regard to the Sabbath, it is, "thoughtful work," that the Torah forbade. This principle does not apply with regard to the prohibitions against working the land in the Sabbatical year.
Accordingly, since the activities of planting and pruning are very different, pruning is considered only a derivative with regard to the Sabbatical year. With regard to the Sabbath labors, however, intent is of fundamental importance. Since the intent of both activities is the same - to enable the plant to grow - they are both given equal status.
All of these [activities] are considered a single primary category of [forbidden] labor, [for] they share a commonality, since all these activities have a single intent:5With this statement, the Rambam explains the difference between the sets of activities mentioned in the previous halachah, and those mentioned in this halachah. Plowing, digging, and making a groove are very similar activities, but they differ in their objectives. The activities mentioned in this halachah, by contrast, do not resemble each other; nevertheless, they share the same intent. to cause [a plant] to grow.
כל אלו המלאכות וכל שהוא מענינם וכו' – כתב הרמ"ך: תימה הוא אם כל אלו אבות אמאי חשיב ארבעים חסר אחת ה"ל לחשוב יותר מחמשים ועוד דאמרינן מלאכה דהוה במשכן חשיבא קרי לה אב דלא הוה במשכן קרי לה תולדה וחופר וחורץ ומבריך ומרכיב ובוצר ומוסק לא היו במשכן שלא היה צורך המשכן לחפור ולחרוץ וגם לא היו צריכים להבריך ולהרכיב וליטע אילנות ולא לגדור תמרים ולמסוק זיתים וה"פ כולם מלאכה אחת הם וכולן תולדה מזורע ולאשמועינן אתא דאינו חייב אלא אחת על שתי תולדות ועל אב ותולדה וההיא דאמר זומר חייב משום נוטע לא מסייע ליה דמפרשינן ליה כמו שפירשוה המפרשים וצ"ע, עכ"ל.
תוצאות חיים סימן ח, ג:
ונראה דיש לפרש דרמב"ם ורש"י לטעמייהו... ונראה דסברת פלוגתתם בהא דיש לחקור בכל מלאכת שבת דבעי מלאכת מחשבת... אם עשה בלא מחשבה אם הוי זה חסרון בשם המלאכה או דהוי רק חסרון בהחיוב דגזירת הכתוב דאף דעשה מלאכה מכל מקום לא נגמר החיוב כל שלא היה מלאכת מחשבת... ונראה דזה טעם רש"י דרק נוטע מבריך ומרכיב הוי אבות ולא זומר וזה דשוני נוטע ומבריך שהם דומים למלאכה שבמשכן בענין זה שהוא מחדש שם המלאכה על הנפעל דהא דומים במעשים זה לזה וליכא חילוק רק בשינוי המינים... אבל זומר דבמעשיו חלוק... ולכן אף דדומה במחשבה לזורע שהרי כוונתו להצמיח... כיון דהמחשבה אינה מעצם שם המלאכה ואין הדמיון במחשבה דמיון בעצם המלאכה... אולם רמב"ם ז"ל דעתו דגם המחשבה הוא המחדשת שם מלאכה בנפעל.
כזכור הרמ"ך מדגיש שרק מה שהיה במשכן נחשב אב. איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
חורש
והחורש. תנא: החורש והחופר והחורץ כולן מלאכה אחת הן. אמר רב ששת: היתה לו גבשושית ונטלה בבית - חייב משום בונה, בשדה - חייב משום חורש. אמר רבא: היתה לו גומא וטממה בבית - חייב משום בונה, בשדה - משום חורש. אמר רבי אבא: החופר גומא בשבת ואינו צריך אלא לעפרה - פטור עליה. ואפילו לרבי יהודה דאמר מלאכה שאינה צריכה לגופה חייב עליה הני מילי - מתקן, האי - מקלקל הוא.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
מלאכה אחת הן – אינו חייב אלא אחת דכולהו לרפויי ארעא עבידי.
רבנו חננאל שם (שורה אחרונה):
וכל דבר שהוא להנאת קרקע חייב משום חורש. כך הוא מפורש בירושלמי
אתמר, המנכש והמשקה מים לזרעים בשבת, משום מאי מתרינן ביה? רבה אמר: משום חורש, רב יוסף אמר: משום זורע. אמר רבה: כוותי דידי מסתברא, מה דרכו של חורש - לרפויי ארעא, האי נמי מרפויי ארעא. אמר רב יוסף: כוותי דידי מסתברא, מה דרכו של זורע - לצמוחי פירא, הכא נמי מצמח פירא.
as it is likely to collapse. But in the case of a spring that did not just emerge, which is not likely to collapse because its walls have already stabilized, even a field that ordinarily suffices with rainwater may be irrigated. The Gemara asks: If that were so, then to whom, i.e., to which tanna, would you attribute the mishna? According to this interpretation, the mishna does not correspond to any opinion, while according to the previous interpretation, it corresponds to the opinion of Rabbi Yehuda. Rather, it must be that according to the opinion of Rabbi Yehuda, a newly emerged spring is no different from a spring that did not just emerge. A field that requires irrigation, yes, it may be irrigated, while a field that suffices with rainwater, no, it may not be irrigated. And the baraita opted to teach this dispute in the case of a newly emerged spring in order to convey the far-reaching nature of the opinion of Rabbi Meir, which states that one may irrigate even from a newly emerged spring, and even a field that suffices with rainwater. § It was stated that the amora’im disputed the following question: With regard to one who weeds or one who waters seedlings on Shabbat, for what prohibited labor do we forewarn him? Judicial punishment may be administered to a sinner only if he has been forewarned by two witnesses prior to the commission of his offense. This forewarning must include the specific transgression being violated, and on Shabbat it must include the specific category of prohibited labor that the action involves. Rabba said: It is due to the prohibition against plowing. Rav Yosef said: It is due to the prohibition against sowing. Rabba said: According to my opinion it is reasonable. Just as the usual objective of plowing is to loosen the earth, so too, this, weeding or watering, loosens the earth. Rav Yosef said: According to my opinion, it is reasonable. Just as the usual objective of sowing is to cause the fruit to grow, here too, weeding or watering causes the fruit to grow. Abaye said to Rabba: According to your opinion, it is difficult, and according to the opinion of Rav Yosef, it is difficult. Abaye explains: According to your opinion, it is difficult: Is it true that for the prohibition against plowing, yes, he is forewarned, but for the prohibition against sowing, no, he is not forewarned? Similarly, according to the opinion of Rav Yosef, it is difficult: Can it be that for the prohibition against sowing, yes, he is forewarned, but for the prohibition against plowing, no, he is not forewarned? Everyone should agree that weeding and watering fall under the categories of both plowing and sowing. And if you say that anywhere that there are two possible categories of prohibited labor into which a particular action might fall, one is liable to be punished for only one of them, didn’t Rav Kahana say: If one prunes the branches of a vine on Shabbat and he needs the wood for firewood or any other purpose, he is liable to bring two sin-offerings? He is liable to bring one sin-offering for violating the primary category of sowing, as pruning vines facilitates their growth, and so it is a sub-category of sowing. And he is liable to bring one sin-offering for violating the primary category of reaping, as the essence of reaping is detaching that which one needs from the ground. Since he needs the wood that he is detaching from the vine, his action is considered reaping. Consequently, one action that incorporates two prohibited labors causes liability for both. The Gemara concludes: Indeed, it is difficult according to both opinions. Rav Yosef raised an objection to the opinion of Rabba from what is taught in the following baraita: One who weeds in proximity to diverse kinds of seeds, or covers with earth the exposed roots of diverse kinds, is flogged for transgressing the prohibition against diverse kinds, i.e., tending different species of crops in one area of the same field, as it is stated: “You shall not sow your field with two kinds of seed” (Leviticus 19:19). Rabbi Akiva says: Even one who maintains in his field a mixture of species that he could have uprooted is flogged for violating the prohibition against diverse kinds of seeds. Rav Yosef explains: Granted, according to my opinion, that I say that one who weeds on Shabbat is forewarned for the prohibited labor of sowing, this is the reason he is liable to be punished with flogging for weeding diverse seeds: Sowing diverse kinds is prohibited. But according to you, who said that one who weeds on Shabbat is forewarned for plowing, why is one liable to be flogged for weeding in proximity to diverse kinds? Is plowing prohibited in connection with diverse kinds? At the time of plowing, there is no mixture of different species of crops, so plowing cannot be prohibited in this case. Rabba said to him: According to my opinion, one who weeds a field of diverse kinds is flogged not because he is guilty of plowing, but for violating the prohibition against maintaining a mixture of species in his field. The Gemara objects: However, from the fact that it teaches in the latter clause of the baraita that Rabbi Akiva says: Even one who maintains in his field a mixture of species is liable to be flogged, it may be inferred that according to the anonymous first tanna, the liability for weeding is not for maintaining diverse kinds, but for performing some other prohibited labor. The Gemara rejects this opinion: In fact, the entire baraita reflects the opinion of Rabbi Akiva, and it is stated in the style of what is the reason. The baraita should be understood as follows: What is the reason that one who weeds and one who covers the exposed roots of diverse kinds with earth is flogged? He is flogged for maintaining diverse kinds in his field, as Rabbi Akiva says: Even one who maintains in his field a mixture of species is flogged. With regard to Rabbi Akiva’s opinion, the Gemara asks: What is the reason for Rabbi Akiva’s opinion? How did he derive this prohibition from the verses? The Gemara answers: As it is taught in a baraita: “You shall not sow your field with mingled seed” (Leviticus 19:19). I have derived from this verse that only sowing diverse kinds is prohibited. From where is it derived that maintaining diverse kinds, which does not involve any positive action, is also prohibited? The verse states: “Diverse kinds, you shall not sow your field with mingled seed” (Leviticus 19:19). The prohibition against planting different species of a crop in one area of the same field is preceded in the verse by the prohibition against crossbreeding livestock: “You shall not let your cattle gender with a diverse kind.” A slight change in punctuation yields the phrase: Diverse kinds in your field, you shall not, indicating that merely preserving diverse kinds in one’s field is prohibited. § The Gemara returns to the original topic of discussion: We learned in the mishna: One may irrigate a field that requires irrigation on the intermediate days of a Festival as well as during the Sabbatical Year. The Gemara asks: Granted, with regard to the intermediate days of a Festival, where the prohibition against irrigation is due to the mandate to avoid excessive exertion on the Festival, in a case of considerable loss, the Sages permitted one to exert himself. However, during the Sabbatical Year, both according to the one who said that one who waters is liable due to the prohibition against sowing, and according to the one who said that one is liable due to the prohibition against plowing, are sowing and plowing permitted during the Sabbatical Year? How can these actions be permitted when the Torah explicitly renders prohibited working the land during the Sabbatical Year? Abaye said: The mishna is referring to the Sabbatical Year in the present time, when its prohibitions are only by rabbinic decree, and it is in accordance with the opinion of Rabbi Yehuda HaNasi. As it is taught in a baraita that Rabbi Yehuda HaNasi says: When the verse states: “And this is the manner of the release, every creditor will release that which he has lent to his neighbor” (Deuteronomy 15:2), the verse speaks of two releases: One is the release of land, that one must refrain from working the land, and the other is the release of money, that one must refrain from collecting debts. This verse equates these two releases, indicating that when you are mandated by Torah law to release land, you must release money, and when you are not mandated to release land, you need not release money. This indicates that according to Rabbi Yehuda HaNasi, at the present time, the release of land is not mandated by Torah law. Therefore, observance of the Sabbatical Year is mandated only by rabbinic law, and the Sages were lenient in a case of significant loss. Rava said: Even if you say that the mishna was taught in accordance with the opinion of the Rabbis, who disagree with Rabbi Yehuda HaNasi and maintain that the observance of the Sabbatical Year, even at the present time, is mandated by Torah law, one can understand the leniency in the mishna. The reason for the leniency with regard to irrigation is because only primary categories of labor were prohibited by the Merciful One, i.e., by Torah law,
קא מרפויי ארעא – דבתר עיקר המלאכה אזלינן ודומה לחורש ורב יוסף אף על גב דעיקר מלאכה דומה לחורש מחשבת הנפש לאו לרפויי ארעא ובהכי פליגי דרבה סבר לבתר המעשה מדמינן לה ולא אחר המחשבה ורב יוסף סבר בתר מחשבה אזלינן דהויא עיקר ולא אזלינן בתר הדמיון.
איך אפשר להסביר את מחלוקת רש"י ור"ח בגדר אב חורש על פי התוס' ועל פי הכיוונים דלעיל?
אין מכניסין צאן לדיר בחול המועד לזבל השדה וכו' – בפרק מי שהפך (יב ע"א) תנו רבנן אין מדיירין לא בשבתות ולא בימים טובים ולא בחולו של מועד ואם באו מאליהן מותר ואין מסייעין אותם ואין מוסרין להם שומר לנער צאנם היה שכיר שבת שכיר חודש שכיר שנה שכיר שבוע מסייעין אותן ומוסרים להם שומר לנער את צאנם רבי אומר בשבת בטובה ביום טוב במזונות במועד בשכר אמר רב יוסף הלכה כרבי. ופירש בנמוקי יוסף (ה ע"ב ד"ה אין) אין מדיירין שמכניסין בהמות לשדה ושוכבות שם בלילה ומזבלות אותה וכל הלילה מטיילות ממקום למקום עד שמזדבלת כל השדה ואסור אף על פי שאינו בידים מפני שנראה כמזבל והמזבל מתולדות זורע או חורש הוא.
אגלי טל, חורש, א:
וע"כ לומר דגלי לן קרא דמהני מחשבת האדם על מעשה הבהמה לאשוויי מלאכת מחשבת... והא דחורש ע"י בהמה דחייב משום דחשוב מלאכת עצמו ולא מלאכת בהמה שהבהמה עם האדם ככלי ביד האומן כגון הגרזן ביד האדם בו והמשור ביד מניפו עכת"ד הרמב"ן.
איך אפשר להסביר את דבריהם, על פי הכיוונים דלעיל?
(רמז: האם חיוב חרישה הוא על תוצאת ייפוי הקרקע, ומעשה הבהמה מועיל לעניין זה שנחשב שעושה מלאכה, או שצריך לעשות מעשה בידיים?)
קוצר
והקוצר. תנא: הקוצר הבוצר והגודר והמסיק והאורה - כולן מלאכה אחת.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
רבנן דקיסרין אמרין: ההן דצייד כוורא וכל דבר שאתה מבדילו מחיותו חייב משום קוצר.
MISHNAH: There are 39 categories of work. He who ploughs, who sows, who harvests, who binds into sheaves, who threshes, and who winnows, who selects, who grinds, and who sifts, who makes dough, and who bakes4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. He who shears wool, who bleaches it, who cards it, who dyes it, who spins it, who prepares the loom, who ties two threads as warp, who weaves two rows, who hits two threads, who ties, and who unties. Also who sews two stitches, who tears in order to sew two stitches.
He who catches a deer, who slaughters it, who skins it, who salts it, who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather., who tans it, who cuts it, who writes two letters, and who erases in order to write two letters6This series of 9 categories describes both sacrifices and the production of writing material which in pre-Mishnaic times was mostly leather..
He who builds, and who tears down, who extinguishes fire, and who lights fire, and who hits with a hammer7A name for the formal end of any production process., and who transports from one domain to another8This is mentioned last because in most cases it is a weak prohibition since “public domain” into which one may not transport by biblical standards is exists mostly outside a built-up area.; these are the 39 categories of work. HALAKHAH: “The categories of work are 39.” From where that the categories96A hint that exactly 39 categories of work should be forbidden on the Sabbath (i. e., that a maximum of 39 sacrifices would be required for unintentional violations of the Sabbath rest.) of work are from the Torah? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Corresponding to the thirty-nine occurrences of מלאכה in the Torah97The count works out if one counts all occurrences of מְלָאכָה together with its suffixed forms מְלַאכְתּוֹ, etc., but omitting all construct states מְלֶאכֶת.. They asked before Rebbi Aḥa, everywhere where מלאכות is written it should count for two! Rebbi Ashian said, Rebbi Aḥa checked by eye the entire Torah and did not find this word written98The plural מְלָאכוֹת is not found in the Pentateuch. Therefore each occurrence of the word counts as one.. The following is necessary: He came into the house to do his work99Gen. 39:11. It must be counted even though the word is in suffixed form and does not refer to the Sabbath. is with them. God completed on the Seventh Day His work which He did100Gen. 2:2., is with them. Rebbi Simeon ben Yoḥai stated: Six days you shall eat unleavened bread and on the seventh day you should not do work101Deut. 16:8, the last occurrence of the word in the Torah. comes to complete the 39 “works” written in the Torah. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Naḥmani: Corresponding to the 39 times “service” and “work” is written about the Tabernacle102In Ex. and Num. Here again for the word עֲבוֹדָה the base form and the suffixed forms are counted, but the construct state עֲבוֹדַת is not.. Rebbi Yose ben Ḥanina said, it does not say “this is the word” but these are the words.103Ex. 35:1, the introductory paragraph which indicates that the Sabbath prohibitions may not be violated in building the Tabernacle, and which therefore forms the basis of the list of the 39 categories from an analysis of the activities needed to build the Tabernacle and to serve in it.” “Word”, “words,” “words”. From here about categories and derivatives104The plural indicates that each category stands for many different actions, Babli 70a, 97b. (In the Appendix to Yalqut Šimony published by L. Ginzberg in שרידי הירושלמי p. 316 the reading is מכאן לאבות מלאכות “from here for categories”, the plural only indicates that there are different categories of work on the Sabbath.). Rebbi Ḥanina of Sepphoris in the name of Rebbi Abbahu. Alef is one, Lamed is 30, He is five, “word” is one, “words” are two105The gematria (numerical value if each letter is used as a numeral in the Alexandrian system) of אלה is 36; one has somehow to find another 3 to reach the traditional number of 39.. From here the 39 “works” written in the Torah. The rabbis of Caesarea say, at its place nothing is missing, א is one, ל 30 , ח 8. The rabbis never hesitate to identify ה and 106Cf. Peah 7:6 Note 113, Maˋaser Šeni 5:3, Soṭah 8:4 Note 179. In all other occurrences of substitution of ח for ה one obtains a word which makes sense; this cannot be said here (Babli Berakhot 32a).ח. Rebbi Joḥanan and Rebbi Simeon ben Laqish worked on this Chapter for three and one half years107They made a list of all actions traditionally forbidden on the Sabbath.. They produced 39 derivatives for each single one. Where they found a way to include it they included it108Where they could they classified them according to the official categories.. Where they did not find a way to include it they classified it as “who hits with a hammer.7,A name for the formal end of any production process.109A catch-all category for actions difficult to categorize. It is clear that the list of prohibited actions must have preceded the classification.” The sons of the Elder Rebbi Ḥiyya worked on this Chapter for six months. They produced six derivatives for each single one. The sons of the Elder Rebbi Ḥiyya follow the method of their father, as Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all [liable] because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” Rebbi Sidor112His name seems to have been Isidor; changed to avoid the mention of pagan deities. said, Jehudah the son of the rabbi113The Elder R. Ḥiyya. Makhširin is a rather short Mishnah Tractate of only 6 Chapters accompanied by Tosephta of 3 Chapters. studied Makhširin for six months. In the end there came a student of Rebbi Simai and asked him, but he could not answer. He114R. Simai’s student. The important one of R. Ḥiyya’s twins was Ḥizqiah, not Jehudah. said, it is recognizable that this one never passed by the gate of the Torah. “The categories of work are 39.” For which purpose? For if he did all of them in one oblivion he is liable only once115This statement contradicts Mishnah 1 and the quote in the Babli (69a) as well as a quote from the Yerushalmi (not in our text) by R. Salomon Adani; it has to be changed into “is liable for each single one.”. 116This paragraph and the next are also in Nazir 6:1 but the origin is here as will be seen in the commentary. The introductory statement is from earlier in the Chapter, Notes 28–30. The text in braces was copied from there and has no place here. Rebbi Zakkai stated before Rebbi Joḥanan: If somebody sacrificed, burned incense, and poured a libation in one forgetting, he is guilty for each action separately. Rebbi Joḥanan told him, Babylonian! You crossed three rivers with your hands and were broken. He is guilty only once! {Before he broke it in his hand there is “one” but not “those”; after he broke it in his hand there are “those” but not “one”.} Rebbi Abba bar Mamal asked before Rebbi Zeˋira: Should he117The idol worshipper. not be guilty for each action separately? As you say for the Sabbath: Do not perform any work118Ex. 20:8., principle. Do not light fire in any of your dwelling places119Ex. 35:3., a detail. Was not lighting fire subsumed under the principle, but it is mentioned separately from this principle! Since lighting fire is special in that it is the work of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. Also here: Do not worship them121Ex. 20:4., a principle. Do not prostrate yourself121Ex. 20:4., a detail. Was not prostrating itself included in the principle and why was it mentioned separately? To infer, to tell you that prostrating oneself is special in that it is the action of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. He answered: For the Sabbath, He mentioned the principle at one place and the details at another place. For idol worship, the principle is found close to the detail122In the same sentence. Cf. Babli Pesaḥim 6b, Bava qamma 85a, Menaḥot 55b, Niddah 33a.. He retorted: Is it not written: Do not prostrate yourself before another power123Ex. 34:14.? He who sacrifices to Elohim shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. He mentioned the principle at one place and the details at another place! He said, since you do [not]125Added from the text in Nazir, needed for an understanding of the text. infer anything from it close up, you cannot infer anything from afar126Since 34:14 does not teach anything not contained in Ex. 20:5.. The colleagues say, it makes no difference; whether He gave the principle at one place and the detail at another, or gave principle and detail at the same place, it is a matter of principle and detail. For the Sabbath, He first gave the principle and then the detail. For idolatry, He gave the detail and only later the principle127If prostrating had been mentioned after worshipping, the 5th hermeneutical principle would imply that the two notions are identical in intent. As the verse stands, it cannot be interpreted as “principle and detail”, therefore the 9th principle does not apply to idolatry since the detail does not follow after the principle.. Rebbi Yose said, it makes no difference whether He first gave the principle and then the detail or He gave the detail and only later the principle, or He gave principle, detail, and principle; it is a matter of principle and detail. For the Sabbath, He gave a general prohibition of work, followed by details; for idolatry, He gave the general principle regarding its worship but detailed the works of Heaven128The prohibition refers to performing for idolatry any ceremony commanded for the worship of Heaven. The case of R. Zakkai really has no connection with the argument about the status of the mention of prostrating oneself in the Second Commandment.. Rebbi Mana said, lighting fire was mentioned unnecessarily129Since the prohibition of making fire is implied in the Fourth Commandment in any reasonable interpretation. Therefore, making fire is a detail which can be used to characterize all work forbidden on the Sabbath.; prostrating oneself was mentioned by necessity to explain about itself since it is not work130Nothing is changed or produced by prostrating oneself; it is not obvious that it should be forbidden under any circumstances.. This follows what Ḥizqiah stated: He who sacrifices to powers shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. Sacrificing was mentioned separately to teach about everything131Since punishment for sacrificing is spelled out separately, any punishment for an act of idolatry must be given separately by the 9th rule, supporting R. Zakkai against R. Joḥanan., prostrating oneself to explain about itself since it is not work. Rebbi Jeremiah said, lighting fire was mentioned by necessity, to teach that courts should not sit on the Sabbath132In the Babli, Yebamot 6b, this is a Tannaitic statement from the school of R. Ismael, appended to an argument also quoted in Mekhilta dR. Ismael, Wayyaqhel.. What is the reason? It says here, in all your settlements, and it says there, these . . should be rules of law for your generations, in all your settlements133Num. 35:29.. Since “settlements” mentioned there refers to courts, “settlements” referred to here also refers to courts. Rebbi Samuel bar Eudaimon said, even if you say that it was mentioned separately necessarily is as if it was mentioned separately not by necessity,134Since the argument is based on Num. 35:29, not on Ex. 22:19, the latter verse can be used in an application of the 9th rule. and any item mentioned separately unnecessarily instructs135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. This implies that one item which was mentioned separately by necessity does not divide136Since we found a reason why the item was mentioned one cannot infer that it is established as a separate rule.. If it was mentioned not by necessity it divides137It is a general hermeneutical rule (No. 4) that two parallel items are just that, two separate items, and no additional inferences or comparisons are possible. If both are prohibitions, infractions generate separate liabilities.. If two items were mentioned separately, do they divide? Let us hear from the following: From where that he transgresses a prohibition whoever brings to the altar meat of a purification offering138For purification and reparation offerings, blood is sprinkled on the altar and fat is burned. The meat must be eaten by the priests; it cannot be sacrificed., or meat of a reparation offering, or meat of most holy offerings139Most holy offerings are elevation offerings which are completely burned, purification and reparation offerings already mentioned, and the public well-being offering accompanying the Two Leavened Breads on Pentecost which introduce the season of the wheat harvest. Only the last item can be meant here, where the meat also must be eaten by the priests., or meat from simply holy offerings140The family sacrifices, of which only blood and fat are given to the altar, Lev. Chapter 3., or the remainder of the ˋOmer141The barley offering on the Festival of Unleavened Bread, of which a handful is burnt on the altar and the remainder must be eaten by the priests. Lev. 23:10. or the Two Breads142The Two Breads to be brought on Pentecost, to be eaten by the priests with the meat of the public well-being offering (Note 139). Lev. 23:17., or the Shew Bread143Of which the incense is burned on the altar; the bread itself has to be eaten by the priests, Lev. 24:5–9., or remainders of cereal offerings144To be eaten by the priests after a handful was burned on the altar, Lev. Chapter 2., or leaven145This again refers to the Two Breads, the only leavened offering., or date honey146Which as an offering of first fruits is consumed by the priest after being presented to the altar but not brought onto the altar. Deut. 26:2.? The verse says147Lev. 2:12., for any leaven or any date honey you may not turn into smoke as a fire gift to the Eternal. Therefore anything that had been given to the fire is under “do not turn into smoke”148If any part or appendix had to be given to the fire on the altar, there is a prohibition to put any of the remainder on the altar.. Rebbi Eleazar asked Rebbi Joḥanan. Should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He told him, it follows what was stated, the altar150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., this means not only the altar, from where to include the ramp? The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., on the altar they shall not be lifted. I could think neither as an act of worship nor as act of worship. The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., as aroma smell, I was saying this only as an act of worship151Since the ramp is inclined, stepping on the ramp in the course of a service would be “ascend for pleasant scent” and is forbidden. But depositing the first fruits on the ramp while the priest remains standing on the floor of the Temple court until he takes them to be consumed is not covered by the prohibition. Sifra Ṣaw Pereq 1(11).. (He retorted,)152An addition from the corrector; this has to be deleted since the next paragraph shows that the speaker still is R. Joḥanan; the following is a continuation of the baraita quoted. them is a restriction153Anything other than leaven and date honey is not covered by the verse.. For these one is liable on the ramp, for all other sancta one is not liable on the ramp. Because it is written them. If them had not been written, it would instruct154Then leaven and date honey would just be examples of items to be consumed by the priests.. That means, two items which were mentioned separately do (not)155A correction by the scribe himself but in error as shown by the next paragraph. separate156To prohibit burning on the altar what must be consumed by priests or laity it would have been enough to give one example. Since two were given, it implies that bringing to the altar is a separate sin for each of them (and equally all others).. Rebbi Ḥananiah the son of Rebbi Hillel said, they do not separate, therefore they instruct157Since they are mentioned in one verse they are not two independent items; previous argument is not applicable. Since it is a single item it permits inference for all sancta.. Rebbi Yose ben Rebbi Abun does not say so but Rebbi Eleazar asked Rebbi Joḥanan, should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He said to him, them is a restriction. For these one is liable on the ramp, for all other sancta one is not liable on the ramp158But on the altar one is liable at least in violation of a positive commandment. Babli Menaḥot 37b/38a.. This implies that a single item which is mentioned separately necessarily does not divide, but unnecessarily it divides135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. Two items which are mentioned separately do not divide but according to Rebbi Ismael they do divide, as Rebbi Abun bar Ḥiyya said, the words of Rebbi Ismael are that two items which are mentioned separately divide159From here on and the next paragraphs there is a parallel (but not an exact copy) in Sanhedrin 7:5 Notes 72–125.
One of R. Ismael’s hermeneutical principles is that “a detail which was singled out from a general category was singled out not for itself but as an example for the entire category.” R. Abun bar Ḥiyya states that according to R. Ismael this holds only for a single detail, not for two or more.
. As Rebbi Ismael stated, you shall neither divine nor cast spells160Lev. 19:26. Divination is an attempt to predict the future by magical means; spellbinding is practical witchcraft. Both are particular examples in the prohibition of witchcraft (Ex. 22:17), but no penalty is indicated.. Were not divining and spellbinding included in the general class161To use witchcraft is a capital crime (Mishnah Sanhedrin 7:5); in the absence of witnesses there is an automatic Divine verdict of extirpation. But the special cases of divination and spellbinding only trigger a verdict of extirpation; they are not cases for the human court. This illustrates R. Ismael’s principle. In Sifra Qedošim Pereq 6(2), R. Ismael and R. Aqiba identify divination and spellbinding as examples of make-believe witchcraft which according to Mishnah Sanhedrin 7:19 is not punishable by the human court. Automatically, these are separate examples of sins which require a purification sacrifice if done without criminal intent. A person who unintentionally acts as sorcerer, divinator, and spellbinder has to bring three sacrifices.? The were mentioned separately to be treated differently from the general case162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.. In general by extirpation, the separate case by extirpation2In error.; the word of Rebbi Joḥanan implies that it is “general case and detail162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.”, as Rebbi Abbahu said in the name of Rebbi Joḥanan, since anybody who would perform any of these abomination s, they will be extirpated163Lev. 18:29. This verse decrees a general verdict of extirpation on any violation of sexual taboos spelled out in Lev.18, whether or not they are criminally punishable.. Was not his sister included in the general class164The sister is forbidden in Lev. 18:9 but in the chapter about penalties, Lev. 20:17, the punishment is reserved for Heaven. and was mentioned separately of the general class to divide from the general class. Rebbi Eleazar objected, is it not written165Lev. 20:19. The wording might be slightly misleading., the nakedness of your mother’s sister and your father’s sister you shall not uncover, for he would touch his relative? He told him, this was mentioned separately for a reason, to judge by “touching”166Lev. 20:19 makes two statements: The punishment is reserved for Heaven and the sin is committed the moment the genitals of the parties touch, without any penetration. Mishnah Yebamot 6:2 extends the equivalence of touching and penetration to all sexual offenses.. He said to him, is it not written167Lev. 20:18. The implications are the same as for v. 19., a man who would lie with an unwell woman, uncover her nakedness and touch her source? He told him, this was mentioned separately for a reason, to judge the one “touching” as finishing. That you should not say, since he is liable for her [already]168The word was deleted by the corrector but it is necessary for the understanding of the text. Since in Lev. 15 it is stated that simple touching (not sexual “touching”) a niddah causes impurity and is forbidden to the male, her prohibition differs materially from the other sexual taboos. for impurity we should not consider for him “touching” as finishing. Therefore it was necessary to mention (that he is liable for each single one.)169This seems to be extraneous to the discussion. However, since the statement is also found in the Genizah text of Sanhedrin, it seems to be original and explains that Lev. 18:29 decrees separate extirpation and, therefore, separate sacrifices for unintentional sin, for each separate category of incest. He said to him, is it not written170Lev. 20:20., a man who would sleep with his aunt, his uncle’s nakedness he uncovered? He told him, this was mentioned separately to judge by childlessness. But is it not written171Lev. 20:21., a man who would marry his brother’s wife, she is separated? He told him, this was mentioned separately to judge by childlessness, as Rebbi Yudan172The Amora. His counterpart in the Babli is the third generation Amora Rabba (Rav Abba bar Naḥmani). The Babli (Yebamot 55a) applies both statements to both verses. said, where it is written childless they shall be171Lev. 20:21., they will be without children, childless they shall die170Lev. 20:20., they bury their children. Rebbi Yose said, it was necessary that his aunt be mentioned separately, to exclude his maternal brother’s wife174From punishment by loss of children (rejected in the Babli, Yebamot 55a).. It is said here his aunt, and it is said there175Lev. 25:49. Since the subject of the entire Chapter is inheritance, it is understood that only the male line is addressed., either his uncle or his uncle’s son shall free him. Since by his uncle mentioned there, the verse understands his father’s paternal brother, also by his aunt mentioned here, the verse speaks of his father’s paternal sister176In Sanhedrin: His paternal uncle’s wife. This is more appropriate for the argument here since his father’s or mother’s sisters are forbidden by Lev. 18:12,13 and the prohibition is unproblematic.. Also his brother’s wife177Who is forbidden in Lev. 18:16. can be inferred from his aunt. Since by his aunt mentioned there, the verse speaks of his father’s paternal brother’s wife, also by his brother’s wife mentioned here, the verse speaks of his paternal brother’s wife. So far following Rebbi Aqiba. Following Rebbi Ismael? As Rebbi Ismael stated: It is said here his brother’s wife and it is said there178Lev. 20:21, the penalty clause referring to the prohibition formulated in Lev. 18:16., a man who would take his brother’s wife, she is niddah179In biblical Hebrew, the meaning of the root נדד is the same as Arabic نحاد “to separate, to disperse”. This applies both to the menstruating woman (Lev. 18:19), to whom relations with her husband are forbidden, and to the person excommunicated (מְנֻדֶּה) who is separated from the community. In rabbinic Hebrew, the word נִדָּה is used exclusively for the menstruating woman; this is the reference made here, even though the argument is equally valid for the excommunicated person. (Babli Yebamot 54b.). Since a menstruating woman will be permitted after being forbidden, also his paternal brother’s wife may be permitted after being forbidden.180The menstruating woman is permitted after her purification; the brother’s wife may be permitted, viz., if the brother dies childless. In the latter case, “brother” means paternal brother (Yebamot 1:1, Note 45). This excludes his maternal brother’s wife, who cannot be permitted after being forbidden181But for whom no punishment is spelled out.. But Rebbi Ismael himself had a problem: from where does one prove it182This refers to the paragraph before the last, where R. Joḥanan explained that the sister had a special role in the list of incest prohibitions, to deduce that from the different levels of punishment the blanket decree of extirpation really represents separate decrees for each kind of infraction. In Sanhedrin, the name here is Joḥanan. But Ismael may be the correct attribution, since according to one opinion in the Babli, Zebaḥim 107b, this is R. Ismael’s position. S. Liebermann prefers to read “Eleazar” since the supporting argument is quoted in the latter’s name.? Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation183This answers the question. It is rather frequent to find verses containing multiple prohibitions covered by one mention of extirpation where the context makes it clear that each single infraction triggers extirpation.. What is the reason? 184Ex. 30:32,33 regarding the holy oil. Only v. 33 is discussed.It should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation185A person who inadvertently compounds aromatic oil in the same composition as holy oil and uses it on people has to bring two sacrifices. Babli, Makkot 14b.. How does Rebbi Joḥanan treat this? The verse speaks about males. His sister is mentioned to teach about all females186While in the punishments listed in Lev. 20 both sexes are mentioned, the prohibition in Chapter 18 are all formulated for the male, except that the mention of extirpation is formulated (18:29) for “all persons”. Since the punishment for marrying one’s sister is extirpation (20:17) for both partners, it proves that the “persons” mentioned in 18:29 are both male and female.. Does Rebbi Eleazar not accept this? He has it from do not come near187Lev. 18:6, the verse introducing incest prohibitions. While the verse starts אִישׁ אִישׁ it is agreed that the meaning is not “every man” but “every person”., equally male or female. How does Rebbi Joḥanan treat this? He explains it but it is not clear188Since אִישׁ אִישׁ really means “every man” it needs a supporting argument.
מחוור is Babylonian spelling of Galilean מחובר “logically connected”; in the ms. it is a corrector’s change.
, so also from the following: Samuel bar Abba asked before Rebbi Zeˋira, should not well-being sacrifices, being treated separately, split all sancta regarding impurity189Impurity of well-being sacrifices, the only ones available to lay people, is treated at length in Lev. 7:11–27. Impurity of sacrifices available to priests is treated in Lev. 22:1–16. One should assume that a priest who inadvertently eats a combination of impure well-being and other sacrifices has to bring separate purification sacrifices; but this is not the case.? He told him, it was necessary that they be treated separately, to eliminate sancta dedicated for the upkeep of the Temple regarding larceny190While misuse of all kinds of sancta is larceny, it is punishable only if the monetary value of the misuse is at least one peruṭah. Misuse of one half peruṭah’s worth of Temple donations and one half peruṭah’s worth of sacrifices is not punishable., lest one be liable for them because of mushiness191Sacrificing with the intent of eating of the sacrificial meat out of its time and place., leftovers192Eating of sacrificial meat after its allotted time., and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity193This shows that well-being and other sacrifices are equal in the hand of the Cohen, Mishnah Meˋilah 4:1. The categories of mushiness, leftovers, and impurity do not apply to monetary gifts to the Temple. Anything donated to the Temple which is not a sacrifice or a Temple vessel is sold by the Temple treasurer and thereby reverts to fully profane status.,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do split195Somebody committing simultaneous larceny involving gifts to the Temple and sacrifices has to atone separately for the two offenses.. Rebbi Ḥanina196The Genizah text in Sanhedrin reads Ḥinena, preferable for chronological reasons. said, so it is. They split but do not combine197R. Ḥanina’s statement is an assertion that the rules are different for well-being and other sacrifices. This would agree with the Babli, Meˋilah 15a, that in fact well-being and purification offerings do not combine; the contrary statement of the Mishnah is classified as a rabbinic stringency.. If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail198If a pentateuchal verse partially is an exhortation to action and partially a prohibition, it nevertheless forms a logical unit.. 199From here to the end of the discussion there exists a parallel in Kilaim 8:1, Notes 20–36 (Babli Moˋed qaṭan 3a). The punishment for violating a biblical prohibition for which no penalty is specified is by flogging. The problem is that ploughing is not specifically mentioned in Lev. 25. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal200Lev. 25:2., a general principle. Your field you shall not sow, your vineyard you shall not prune201Lev. 25:4., detail. Sowing and pruning were included in the general case; why were they mentioned separately? To include with them; since sowing and pruning are particular in that they perform work on the soil or on a tree, I have only what is work on the soil or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion do they not divide202To require separate atonement if performed inadvertently.? He holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, are they not for making inferences? There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. Rebbi Eleazar said, a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it202*During the Sabbatical year.. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it202*During the Sabbatical year.? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions203For R. Joḥanan, if ploughing is not sanctionable, digging for other than agricultural purposes certainly is permitted. But for R. Eleazar digging is work on the soil (in the language of his argument) but not in the field (as forbidden in the verse.). Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow, not in the Sabbatical; and six years you shall prune your vineyard204Lev. 25:3., not in the Sabbatical at all. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment205As such it is not sanctionable; cf. Sanhedrin 5:3, Note 73.. Rebbi Yose said, there is not even a positive commandment206He takes R. Eleazar literally at his word. If Lev. 25:3–4 represents a general principle followed by a detail (even if the principle is a positive commandment and the detail a prohibition) then by R. Ismael’s rule כְּלָל וּפְרָט אֵין בִּכְלָל אֶלָּא מַה שֶׁבִּפְרָט “general principle followed by detail: the general principle only applies to the detail”, nothing not mentioned in the verse is prohibited.
Since R. Yose was R. Jeremiah’s student, he should be mentioned after his teacher (which he is both in Sanhedrin and Kilaim.)
. Rebbi Jeremiah said, one violates a positive commandment. Why is it written that the Land shall keep a Sabbath for the Eternal200Lev. 25:2.? That is for the prohibition implied by it207This refers to R. Yose’s opinion, that sowing and pruning are forbidden in the Sabbatical but these and all other agricultural work are violations of the positive commandment to give rest to the Land.. I could think that they should be giving lashes for the addition208The prohibition of agricultural work after the harvest of the preceding year, different for work on the soil or on trees. This has nothing to do with the rules of the Sabbath or with general principles of hermeneutics; it is from Kilaim 8:1, Notes 26–28.. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms209Rabbinic prohibitions to prepare fields or prune trees after harvest in the year before the Sabbatical. The time tables are different for different kinds of work; Mishnah Ševiˋit 1:1,2:1.. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar210As explained in the preceding paragraph..
A baraita disagrees with Rebbi Eleazar:211Sifry 70. Babli, Zebaḥim 106a. Beware of, a prohibition. Lest, a prohibition212This is a principle accepted in both Talmudim. A verse stating “beware of” or “lest” does not need an explicit “do not” in order to be classified as a prohibition.. And it is written213Deut. 12:13–14: Beware, and do not offer your elevation sacrifices at any place you see. Only at the place which the Eternal will choosethere you shall offer your elevation sacrifices and there you shall do everything which I am commanding you. This is a general prohibition followed by two specific positive commandments. The two verses are parallel, not logically consecutive as R. Eleazar would require.: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition214A positive commandment to be performed at the Chosen Place and a prohibition everywhere else., so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment215As maintained by R. Joḥanan.. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense216The activities quoted here are all derivatives of ploughing (Babli 73b).. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action217In the Babli, Zebaḥim 107b, according to one opinion this is R. Ismael’s position.. Anywhere one stated categories there are derivatives. There, we have stated218Mishnah Bava qamma 1:1.: “There are four categories of damages. The ox”, this is the horn. Goring and pushing are main categories. Rebbi Ḥiyya stated: If it bit, lay down, kicked, these are derivatives of the horn. There, we have stated219Mishnah Kelim 1:1.: “The categories of impurity, the crawling animal and semen.” What are derivatives of crawling animals? Rebbi Jehudah in the name of Rebbi Naḥum: pushings. What are pushings? Touching220Both in Šabbat and Bava qamma categories are labels of sets of derivatives. But in Kelim, treating of impurity, derivative impurity is less infectuous than original impurity, and there are successive states of derivative impurity. The nature of אָב in impurity really is not comparable to the nature of אָב in the other two cases.. The main category of impurity makes everything impure, derivative impurity transmits impurity only to food and drink, or clay vessels221This is not an exhaustive list and does not take into account that different implements may be subject to impurities in different degrees depending on the kind of original impurity in question. In general, metal vessels may become impure by touch from derivative impurities but not clay vessels (Mishnah Zavim 5:1); all food and drinks may become impure by derivative impurities of the first degree. Babli Bava qamma 2b.. Food and drink and [clay]222Missing in the text but indicated by the construct state of the word כֶּלִי. vessels cannot become main categories of impurity to transmit impurity223This statement requires that מַשְׁקִין be translated as “drinks”. The same word may also mean “fluids”, but human body fluids may be sources of original impurity and the water used for the ashes of the Red Cow may become the source of original impurity.. Gonorrhea. And here, we have stated: “The categories of work are 39.” Ploughing is a category. Rebbi Ḥiyya stated: If one dug a hole, made a ditch, or dug to put in a pole, these are derivatives of ploughing216The activities quoted here are all derivatives of ploughing (Babli 73b).. All categories of work they learned from the Tabernacle4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. What kind of ploughing was in the Tabernacle? They ploughed to plant dyestuff224To dye threads used to weave the gobelins of the Tabernacle and the priest’s garments.. How much does one have to plough to become liable? Rebbi Mattaniah said, enough to plant a leek. Rebbi Aḥa bar Rav said, enough to plant a wheat sprout. There225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7)., we have stated: “Two green melon226This is Maimonides’s determination, cf. Kilaim 1:2 Note 38. In modern Hebrew the word means “zucchini”. seeds make liable, two squash seeds, two Egyptian bean seeds.” It was stated, two Median wheat kernels. Rebbi Samuel in the name of Rebbi Zeˋira: Since wheat was so much appreciated they treated it like garden vegetables that are not eaten225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7).. For everything which improves the soil one is liable227According to the Babli, 103a, the liability is triggered by the most minute amount of work, contradicting the opinions in the Yerushalmi earlier in this paragraph. because of ploughing: One who digs228A cistern or other storage facility., who cuts229A ditch (for irrigation or drainage)., who inserts230A spike or log in the ground, for making a fence., who deposits dung231Leads his animal onto the property so they should fertilize it by their droppings., who hoes, who fertilizes, who sweeps232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who sprinkles232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who splits blocks233A block of earth which must be broken up before it can be sown., who clears forests, who sets fire to reed thickets234Also for clearing for agriculture. or palm swamps, and following Rebbi Zeˋira a water canal prepares its banks for sowing235Since the banks are watered automatically. Babli Moˋed qaṭan 2b in the name of Rabba (Abba bar Naḥmani, contemporary of R. Zeˋira)., who removes stones236To turn barren land into an agriculturally usable area., who builds terraces237On hill slopes., who fills the rifts under olive trees, and who makes depressions for vines238For watering the individual vines., and for anything which improves the soil one is liable because of ploughing. 239This paragraph also is in Beṣah 1:3; its main subject are the rules of the holiday. However, since Mishnah Megillah 1:8 states that the only difference between the rules for Sabbath and for holidays is that preparation of food is permitted on holidays, the discussion is relevant also for the rules of the Sabbath. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who cooks carcass meat on a holiday is not flogged, because the category of cooking is permitted on a holiday240It is presumed that carcass meat, which is forbidden as human food, is not prepared as animal feed. For R. Joḥanan (Babli Beṣah 12b) since making fire and cooking is permitted for preparing food on the holiday (Ex. 12:16) it is permitted for any purpose.. Rebbi Simeon ben Laqish said, he is flogged, for the category of cooking is permitted only for food241He disputes that cooking be permitted for anything that is not food.. Rebbi Abba bar Mamal objected to this [statement] by Rebbi Joḥanan. Then one who ploughs on a holiday should not be flogged since actions of the category of ploughing are permitted on a holiday242This refers to Mishnah Beṣah 1:2. Since preparation of food is permitted on a holiday, it is permitted to slaughter for food. If a bird or a wild animal is slaughtered, its blood has to be covered by dust (Lev. 18:13). If no dust is available, the House of Shammai permit to take a prong and dig up some dust; the House of Hillel hold that in this case one should not slaughter but they agree that if one slaughtered one may take a prong and dig. Digging is a derivative of ploughing as noted in the preceding paragraph.. Rebbi Yose in the name of Rebbi Ila: ordinary ploughing was not permitted243Since no spade is authorized, the work is not professional and, since the intent is not to prepare the soil for agriculture, the prohibition is rabbinical; the Houses of Shammai and Hillel do not disagree about the interpretation of a biblical commandment.. Rebbi Shammai said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Ila, this244Both the Houses of Shammai and of Hillel do permit to use a spade; they must hold that the intent determines liability. is Rebbi Simeon’s, for Rebbi Simeon said, only if he needs the essence of the matter245There is liability only if the prohibited action is the object of his intent, not a by-product. Cf. Chapter 2, Note 19.. Rebbi Yose met Rebbi Aḥa. He said to him, did you say this? But did not Rebbi Joḥanan say, the words of Rebbi Meïr are that in 24 matters the House of Shammai are lenient and the House of Hillel restrictive, and this is one of them. Should we say 23246Since in this interpretation both Houses agree that the digging does not create liability and the biblical commandment to cover the blood overrides the rabbinic “fence around the law”.? But Rebbi Meïr and Rebbi Simeon both said the same247Mishnah Beṣah 1:2 is anonymous and therefore presumed to be R. Meïr’s. If it implies the position of R. Simeon then both must agree in this matter. The opponent of R. Simeon in this matter is Rebbi Jehudah, student of his father R. Ilai, who was a student of the Shammaite R. Eliezer. It is intrinsically unlikely that the House of Shammai should accept what later was formulated by R. Simeon.. But were we not of the opinion that Rebbi Yose and Rebbi Simeon both said the same248Chapter 2, Note 19. Babli 31b.? Should we say, Rebbi Meïr, Rebbi Yose, and Rebbi Simeon all three said the same249Then we should hold that this is their (direct or indirect) teacher R. Aqiba’s position and it is difficult to fathom who would disagree; but we see that this opinion is not generally accepted in tannaitic sources.? But matters which are problematic for the rabbis are obvious for you; are those which are obvious for the rabbis [problematic for you]250The words in brackets are added from the text in Beṣah. “Everybody else questions whether R. Meïr agrees with R. Simeon while you assert this. Then you will have to question what in the sequel is stated as the rabbi’s opinion.” S. Liebermann refers to this sentence the remark of Or zaruaˋ Šabbat 55, that he suspects this Yerushalmi paragraph to contain a scribal error.? If one harvested for grasses251He was weeding and using the uprooted weeds as fodder. This is forbidden on a holiday as it is forbidden on the Sabbath, but since there is a question of multiple liabilities the reference is to the Sabbath. he is liable for harvesting but is not liable for improving the soil. There is only the problem if he harvested in order to improve the soil. Is he liable for harvesting and for improving the soil? Even if you say it follows Rebbi Simeon, but for the rabbis in any case he ploughed, in any case he harvested252In the Babli, these rabbis are identified with R. Jehudah.. Rebbi Mana said, the words of the rabbis support Rebbi Yose, for Rebbi Ḥiyya said in the name of Rebbi Joḥanan, if one compressed a fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for its body he is not liable, but if to produce fish sauce he is liable. Even if you say that he said this following Rebbi Simeon, but for the rabbis in any case he compressed, in any case he produced fish sauce254This is all one liability; since he compressed the fish he produced fish sauce and is liable. The Babli holds that R. Simeon agrees that in this case there is liability; technically this is called פְּסִיק רֵישָׁא “cut off the head”. The image is that of a murderer who claims that he never intended to kill his victim, only to cut off his head. Since death is an automatic consequence of cutting off the head, he is guilty of murder. Similarly in the Babli, R. Simeon agrees that an automatic consequence of an intended action is included in the intended action; the Yerushalmi disagrees (and, therefore, does not declare that R. Simeon defines practice.). For any activity which quickens a fruit to ripen one is liable because of sowing. One who plants, who sinks255He takes a branch of a vine, bends it down into a ditch, covers the ditch with earth, and lets it come out again. Then the branch will grow roots in the earth and one has a new vine., who grafts, who prunes, who trains256He binds the branches to an espalier., who removes dead branches, who dirties257In modern terms, applying pesticide (Mishnah Ševiˋit 2:4)., who removes leaves, who dusts258This also is a way to combat insect infestations., who smokes259Either to smoke out worms and insects or to protect against cold spells., who removes worms, who sprinkles with ashes258This also is a way to combat insect infestations., who oils, who waters, who drills holes260Punctures unripe sycamore figs to let them ripen for human consumption., who makes houses261No convincing explanation is available for this expression., and for anything which quickens a fruit to ripen one is liable because of sowing. 262This paragraph is also on Kilaim 8:1 (Notes 32–36, כ) and Sanhedrin 7:5 (Note 125, נ).[Rebbi]263Added from the parallel sources. Zeˋira, Rav Ḥiyya bar Ashi in the name of Cahana264Since Ḥiyya bar Ashi was among the older students of Rav, Cahana mentioned here must be an older Sage (Cahana I) who already was a recognized authority when Rav returned from Galilee to Babylonia.: He who is planting on the Sabbath is guilty because of sowing. Rebbi Zeˋira said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., according to Rebbi Zeˋira only on one count. Did not Rebbi Zeˋira say the pruner is like the planter, did he say perhaps the planter is like the pruner266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3.? All was included in the category of sowing; pruning was singled out for particular stringency267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. Because pruning was singled out for particular stringency you want to exempt it because of sowing? This means, there is no difference. If he planted and pruned on the Sabbath, according to both Cahana and Rebbi Zeˋira he is guilty on two counts. “And who harvests.” Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” One who cuts sponge265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., papyrus, or corals266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3. is liable for harvesting and planting267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. One who cuts coriander, leeks, celery, rocket268Accadic gergirū, eruca sativa., endives269Greek τρώξιμος, -ον, “edible”; τά τρώξιμα “vegetables eaten raw”, in rabbinic sources traditionally used for endives., sesame270With the quote in Arukh, reading כשומין., mint, is liable for harvesting and sowing271For garden vegetables, “sowing” is the appropriate word. The reason is the same as in the preceding case, Note 267.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who puts a flowerpot with a hole on a flowerpot with a hole is liable for harvesting and sowing272If something grows in a flowerpot with a hole in the bottom through which the soil absorbs moisture, removing the pot from the soil amounts to harvesting. Putting it down again, even on an empty flowerpot with a hole in the bottom, enables moisture to be absorbed again and amounts to sowing.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who cuts down the stem of a sycamore is liable three for it273Sycamores grow again when cut down. Therefore cutting on the Sabbath is both harvesting and planting. The third offense is not connected with the cutting; Note 275.. Rebbi Yose ben Rebbi Abun said, they274The two statements in the name of R. Simeon ben Laqish are consistent with one another. do not disagree. One who cuts it is liable for harvesting and for sowing. One who planes275This turns a tree into building material. it is liable for hitting with a hammer7A name for the formal end of any production process.. The rabbis of Caesarea say, one who catches a fish or anything by which he separates it from the environment it needs to live is liable because of harvesting276The action which qualifies as harvesting is removing the fish from the water. This applies also to fish already caught but kept in water.. “He who binds into sheaves.” Rebbi Samuel bar Sosartai asked, what are the derivatives of binding into sheaves? Rebbi Yose: I heard the reason following Rebbi Simeon277R. Simeon ben Laqish who earlier was reported to have established derivatives for all categories mentioned in the Mishnah. from Rebbi Aḥa, but I do not remember what I heard. What about it? One who pounds278To separate the grain from the shell. rice279Greel ὄρυζα, ἡ., barley, groats280Latin alica, -ae., is liable because of threshing. He who spreads out ṣeli figs281He is spreading out fruit or food to dry. The translation of צלין as “figs for drying” is tentative, cf. Peah 7:4 Note 86., raisins, 282This word is totally unexplained. Brüll in his review of Levy’s Dictionary proposes to read מטוטלה “bunch (of berries)”, but the word should denote a definite kind of fruit (or meat?) put out to dry in the sun.מסוסלה, bucellata283A kind of bread consisting only of crust; cf. Ḥallah 1:6 Note 182. Italian buccella “bread crust”., is liable because of binding into sheaves. For anything involving food one is liable because of binding into sheaves, involving shells because of threshing284For consistency, probably one should read the sentence about threshing after the one about binding into sheaves.. A woman if she mixes wheat285If she mixes different qualities of wheat grain and then shakes the mixture to distribute the different kinds evenly, the bran will fall off by the shaking. For each kind of work one investigates the maximum number of liabilities created., because she is sifting; if she breaks the tips286Of whole grains. The outer shells will fall off; this is threshing., because she is threshing; if she breaks the sides287She takes the grain out of the peel., because she is selecting; if she hits, because she is grinding; if she sifts, because she is winnowing; if she completes her work, because she is hitting with a hammer288In contrast to the Babli, the Yerushalmi admits a liability for “hitting with a hammer” for completing professional work even for the preparation of food.. This linen weaver with a mallet289Greek κόπανον, τό “pestle”. because of threshing; with a roller because of grinding; with a winnowing shovel290Reading מערוכה for מערובה “mixer”. because of winnowing; with a spoon because of selecting; if he splits because of using a hatchet; if he tears out291Cutting linen thread, not plucking flax plants. because of cutting; if he completes his work, because he is hitting with a hammer. One who is grinding garlic, if he breaks the tips, because he is threshing; if he takes the outer leaves, because he is selecting; if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he completes his work, because he is hitting with a hammer. This sausage maker292The word appears only here and in Beṣah 4:4. The translation follows Meïri in his Commentary to Babli Beṣah 32a, accepted by S. Liebermann., if he selects293Reading מבחר for מכחד. shavings for casings, because of selecting; if he hacks with a coarse file, because of threshing, if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he fills a hollow294Latin antrum, -i, “cavity”., because of building; if he cuts off bast, because of cutting; if he completes his work, because he is hitting with a hammer. Rebbi Ḥiyya in the name of Rebbi Joḥanan, if one compressed fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for their body he is not liable, but to produce fish sauce he is liable. Rav295As the sequel shows, one has to read רב for רבא. said, if one compressed pickles296Vegetables or fruits preserved in vinegar without cooking., if for their body it is permitted, for their fluid it is forbidden297The prohibition is rabbinical only since the fluid absorbed by the pickle it from the outside. Pressing an orange on the Sabbath is a biblical infraction creating liability but squeezing a pickle is not.. Preserves298Preserved by cooking for an extended time. both for their body or their fluid is forbidden299In the Babli 145a: “permitted”.. Samuel said, both for pickles and for preserves, both for their body or their fluid it is forbidden. Rebbi Ḥizqiah said, the statement of Rav disagrees with Rebbi Joḥanan. Rebbi Mana asked him, why? Because one said forbidden and permitted but the other said liable and not liable300R. Joḥanan notes that compressing fish for their body is rabbinically prohibited but creates no biblical liability while for its fluid it would be a biblical infraction, but Rav states that compressing pickles for their body is permitted, for their fluid does not create biblical liability.. Rebbi Abba bar Mamal said, if one crushed an onion, if it was to give taste it is forbidden, if to reduce its sharpness it is permitted301In the first case he creates on the Sabbath a kind of spice that did not exist before; this is rabbinically forbidden. In the second case where he takes already existing food and improves it, it is a permissible way.. Rebbi Zeˋira in the name of Rav Huna: One may hide a radish in salt on condition not to leave it there302It cannot stay until after the Sabbath since one may not prepare from the Sabbath for a weekday. Cf. Babli 108b.. Rebbi Zeˋira in the name of Rav Huna: [If there came]303The addition is from the quote of the sentence in Meïri ad 73b. his clothes from the tailor he may wear them; if they tore304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments. they tore. Rebbi Zeˋira in the name of Rav Huna: If his garments were entangled with thorns he straightens them out in a guarded place on condition that he not tear304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments.. Rebbi Zeˋira said in the name of Rav Huna: If (he took) mortar [fell]305Reading נפל for נטל. on his garments he may rub it off with one hand, on condition that he not grind down. Rebbi Zeˋira in the name of Rav Huna: mint, one is permitted, three is forbidden, two is questionable306In the interpretation of S. Liebermann, crushing one mint plant is permitted, three already is professional work and forbidden. It probably does not mean that 1, 3, 2 people are involved in the work (cf. Babli 113a).. One who bathes, Rav Huna and Rav Jehudah. One said, so it is permitted and so it is forbidden307It is not spelled out what kind of washing is permitted and what is forbidden on the Sabbath since R. Zeˋira, whom we follow, only permits dunking oneself in the water but nothing else.. But the other one said, so and so it is forbidden. Rebbi Abba bar Zamina went bathing with Rebbi Zeˋira; he did not let him do either one or the other. If water fell on his garments. Rav Huna and Rav Jeremiah. One said, to shake it off is permitted, to rub it off is forbidden; but the other one switches308The problem is that it may wash the garment; cf. Babli 147a line 1 ff.. Rebbi Abba (bar)309Read: R. Abba in the name of R. Ḥiyya bar Ashi, as in the next sentence. Ḥiyya bar Ashi, one who spits absorbs it in his garment and does not worry310He puts his shoe on the spittle and crushes it. This is a problem on a dirt floor. Babli 121b.. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi, the Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi disagreed. One said, one spits and crushes; the other said, one does not spit and crush. Where do they differ? If it is not on a mosaic floor311Greek ψῆφος, ἡ, “pebble, mosaic stone”, meaning a stone floor.. But if there is a mosaic floor he spits and crushes. If he spat and the wind carried it away he is liable because of winnowing; and for anything which is diminished by the wind312Since he wanted to spit, it is intentional. If then the wind carries it farther than 4 cubits in the public domain, he is liable. Similarly in other cases where he intentionally initiated the action. Babli Bava qamma 60a, Bava batra 26a. one is liable because of winnowing. “And who selects.” Rebbi Yudan said, one picks out pebbles the entire day and does not incur liability, and one takes the volume of a dried fig and immediately incurs liability. How is this? If he was sitting on top of a heap of grain and picks out pebbles the entire day, he does not incur liability313Since by sitting on top he cannot reach the lower parts of the heap, there will remain pebbles in the grain; the grain will not qualify as pebble-free and command a higher price on the market. Since in the Mishnah “selecting” was mentioned in preparation to milling, and grain with pebbles cannot be milled, his action does not qualify as “selecting” in the sense of the Mishnah. But taking a small quantity in his hand allows him to clear out all stones; this is “selecting” and biblically forbidden on the Sabbath. Babli 74a.; if he took in his hand the volume of a dried fig and picked out he is liable. 314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical. Rebbi Jonah asked, if he did this on the Sabbath, in the opinion of the House of Shammai would he be liable? Rebbi Yose said to him, why not? If he did it on the Sabbath would he not be liable according to the House of Hillel? And here he is liable. Rebbi Mana said, my father Rebbi Jonah said it correctly. It is a problem only for the House of Shammai. Why? Because the category of selecting was permitted on the holiday, nothing of the category of selecting was permitted on the Sabbath315The objection of R. Yose is pointless. There is no problem for the House of Hillel since they hold that selecting as a category is permitted on the holiday but forbidden on the Sabbath. But we do not know whether the House of Shammai hold the same and are rabbinically restrictive on the holiday more than the House of Hillel or whether they hold that selecting does not belong to the preparation of food but to preliminaries to preparation which are not exempted on the holiday and for which, therefore, the rules are identical on Sabbath and holiday. Since in his days, in the middle of the Fourth Century, the House of Shammai had disappeared for 250 years, no answer can be given.. 316Here starts a new Genizah fragment (G) edited by L. Ginzberg, p. 84.
The paragraph has a parallel in the Babli, 74a/b.
If one selected food out of food, Ḥizqiah said, one is liable; Rebbi Joḥanan said, one is not liable317It is somewhat difficult to understand Ḥizqiah’s position. What is biblically forbidden on the Sabbath is removing chaff from food, not food from chaff (except, as mentioned later in this paragraph, if the entire batch was cleaned, when there is no difference what was taken from where.) Biblically Ḥizqiah would have to forbid to remove the food one does not want to eat from the food one wants to eat; the other way would only be rabbinically forbidden.. A baraita disagrees with Ḥizqiah: He selects and eats, he selects and puts on the table318For immediate consumption. There is no difference whether one puts food in his own mouth or in others’.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: explain it if guests were eating what was served. But was it not stated: On condition that he did not select all of its kind? In the opinion of Ḥizqiah, because one who selects (normally)319To be deleted with the other two sources. on the Sabbath is liable. In the opinion of Rebbi Joḥanan, because one who selects normally at (one) [another]320The text in brackets (following the other two sources) is the correct one. The “other place” is the Sabbath; the origin of this paragraph also is in Beṣah. Liability on the Sabbath can always be avoided by doing things in a decidedly unprofessional way; the mention of doing things “normally” is appropriate here. place is liable. In the opinion of Ḥizqiah, even rings among rings321String figs from a heap of string figs., even pomegranates among pomegranates. Or is it so, even people among people322Then it would be forbidden on the Sabbath to call people to read the Torah unless they had been selected beforehand. This we never heard.? How is this? Everybody agrees with that of Rebbi Immi. For Rebbi Immi had guests; he brought before them lupines323Greek θέρμος, ὁ. and beans324Greek φάσηλος, ὁ.. He told them, be careful to eat (the wood-chips)(the sticks) [the artichokes]325The first alternative is the conjectured meaning of the word in the Leiden text in Šabbat, the second word that of the Leiden text in Beṣah, the probably correct choice is the third, from the Genizah text, Greek κινάρα. If this reading is accepted, following S. Liebermann, then the statement is that on a holiday it is permitted to select anything for immediate consumption, even if there are no remainders, and eat a different dessert at the end. at the end. It was stated: One does neither select, nor grind, nor sift. He who selects, or grinds, or sifts, on the Sabbath is stoned. On a holiday he absorbs the 40326The 39 lashes which are the standard punishment for breaking biblical prohibitions for which no other biblical punishment is specified. The Babli disagrees and declares these activities only rabbinically prohibited on a holiday, cf. Tosaphot 95a, s. v. והרודה.
While preparing food is biblically permitted on a holiday as shown later in the paragraph, there is a dispute between the anonymous majority and R. Jehudah whether this includes preparations which could have been made the day before without impairing the quality of the food, which the majority prohibits and R. Jehudah and Rabban Gamliel permit. It is stated here that for the majority the prohibition is biblical, at least concerning preparations for baking.
. But did we not state327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”? Rebbi Ḥanina from Antonia said, this is Rabban Gamliel’s, for “Rabban Gamliel says, also he puts them in water and scoops off.” And (did we not state) [was it not stated]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets., in the household of Rabban Gamliel they were grinding pepper in their mills314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical.? It is permitted to grind but forbidden to select. Rebbi Yose (in the name of Rebbi Ila) [ben Rebbi Abun]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets.: Grinding as a category was not permitted329Rabban Gamliel will agree that milling flour is biblically forbidden on a holiday; he will hold that grinding pepper in a peppermill is not professionally grinding and not something which may be done the day before without impairing the quality of the spice.. And from where that one may neither select, nor grind, nor sift? Rebbi (Yose) [Aḥa]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets. in the name of Rebbi Simeon ben Laqish: No work shall be done on them up to and you shall guard the unleavened bread330Ex. 12:16–17. The text omitted by the quote “up to” permits preparation of food on a holiday, as quoted later in the paragraph.. (It was stated.)331This has to be deleted with the other two sources. Rebbi Yose asked, but did one not infer cooking only from there? Rebbi Yose did not say so, but Rebbi Yose in the name of Rebbi Simeon ben Laqish: Only what can be eaten by every person this alone may be made by you, up to and you shall guard the unleavened bread332There is nothing missing between the two quotes, so that the note “up to” seems to be superfluous. The meaning is explained in Tosaphot Beṣah 3a s.v. גזרה (at the end): vv. 16,17 form a unit: what can be eaten by every person this alone may be made by you, and you shall guard the unleavened bread. Any preparation of mazzah which requires guarding against possible leavening is permitted on the holiday, anything preceding this, i. e., mixing flour with water to make dough, is forbidden.. Ḥizqiah stated in disagreement333Against the Mishnah where the House of Hillel permit selecting. G ends here.: only, every, person, are diminutions, not to select, nor to grind, nor to sift on a holiday. 335This text also appears in Chapter 20 (17c line 35, noted 20; the Genizah text of Chapter 20 edited by J. N. Epstein is noted E). The parallel in the Babli is in 138a where the argument of R. Zeˋira is quoted in his name but the introductory statement is in the name of Rav Cahana. In Beṣah, the original author is Rav, not Samuel. This may be a lectio facilior since Rav Ḥiyya bar Ashi was a companion of Rav; but if Rav Cahana is Cahana, the stepson of Rav, it would represent a Babylonian tradition. Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Jonah and Rebbi Yose both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina336The coarser pieces. on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted337On a holiday, as shown later from Mishnaiot.
Here starts a new Genizah leaf (Ginzberg, p. 85).
. The category of selecting was permitted327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging338Mishnah Šabbat 20:1. According to the anonymous majority on a holiday one may not put a filter on top of a barrel because this is an activity not covered by the general permission to prepare food, but if the filter already was in place one may filter wine on a holiday.”. But the category of sifting was not permitted. As Rebbi Ḥanina ben Yaqe said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve339This sentence, while it is at this place in all sources, does not belong here but at the very end of the paragraph where it answers to a question raised there. If flour had been sifted before but the housewife wants to sift it again on the holiday before using if for baking, she may turn the sieve upside down and use it with the sieve instead of being concave downwards being convex upwards. This is unprofessional and therefore not biblically forbidden even according to the opinion stated in the preceding paragraph that all preparations preceding making dough are forbidden on the holiday. Cf. Babli Beṣah 29b.. If you say it is because of sifting, it340Filtering. should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, (in truth) [also]341The text in parentheses is from the Leiden ms.; that of the other sources is in brackets. Both are possible. preparations for making food they permitted342Tosephta Megillah 1:7.. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve? “And who grinds.” He who pulverizes salt, clay shards, peppers, is liable because of grinding. He who cuts into little pieces chalk, gypsum343Greek γύψος, ἡ., chaff, sand, dirt, is liable because of sifting. He who kneads chalk, gypsum, dust, eye-salve344Greek κολλύριον, τό., plaster345Greek μάλαγμα, -ατος, τό., drugs, is liable because of making dough. One who makes dough, or kneads dough, or forms dough, all are because of making dough. Rebbi Abba bar Mamal asked, there346Mishnah Menaḥot 5:2. The shew bread has to be unleavened. Violating this rule at any stage of the preparation of the bread is a separate biblical violation for each stage. you say, “and he is liable for making its dough, and for its forming, and for its baking,” and here you are saying so? But there he has to divide for he is liable for each single one, but here347For the rules of the Sabbath, kneading the dough and forming it into the required shape count only as one liability. he is liable only once. You see that baking is a derivative of cooking, and you are saying so? But it was stated here since we are stating the order of the dough348In Mishnah 2, one would have expected “cooking” to be listed as the name of the category; for it is the more widely applicable notion, and baking as derivative. But since the Mishnah is organized in describing the making of the shew-bread (Note 4) the category of cooking is labelled “baking”. Babli 74b.. He who burns potter’s350Reading קדר “potter” for unexplained קרד. clay, softens glass351Following G, reading Greek βῶλος, ἡ, “lump, clod”., melts pitch, melts 352This word is unexplained. In other contexts, מוסר is “one who delivers; informant”. Cf. Greek μίσυ, -υος and -εως, τό, “copper ore from Cyprus” (E. G.).מוסרין. Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: One who melts down lead is liable because of cooking353Babli 106a, Yebamot 6b.. One who roasts, or who fries, who preserves by cooking, or by smoking, all these because of cooking. If somebody cooked in the hot springs of Tiberias, what354Cooking in hot springs may be forbidden rabbinically; it cannot cause liability. Babli 40b.? Ḥizqiah said, it is forbidden; Rebbi Joḥanan said, it is permitted. Rebbi Mana said, I went to Caesarea and heard Rebbi Zeriqan in the name of Ḥizqiah; for Ḥizqiah it was a problem: what if the Passover sacrifice was cooked in the hot springs of Tiberias355The question is quite difficult since the Passover must be slaughtered in the Temple and roasted and eaten nearby. The question is really if the Passover was treated by what biblically is not cooking before being roasted, whether this invalidates the sacrifice.? Two Amoraim, one said, it is forbidden; the other said, it is permitted. He who said, it is forbidden, do not eat from it raw, nor cooked in water356Ex. 12:9. The first part of the verse invalidates the sacrifice heated by hot water.. But he who said, it is permitted, but only roasted in fire, its head with its feet and its innards357The second part of the verse validates it if the formal preparation was roasting over an open fire.. All these measures358The general principle underlying the minimal amounts which create liability as explained in the later Mishnaiot of this Chapter and the following Chapters., if for food, in the volume of a dried fig, if for an animal, the mouthful of a kid goat, if to cook, to cook a quick egg359A chicken egg., [ ]360In the Leiden ms. there is no lacuna here, but in G one reads … לתבל ביצ ..… This supports the reading in Or zaruaˋ Šabbat §62: אִם לָתַבֵּל כְּדֵי לָתַבֵּל כֵּיצָה קַלָּה “if to spice, enough to spice a quick egg”., if to weave, the length of a double siṭ361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ., if to spin, the width of a double siṭ. “He who shears wool.” If he shore without specification,361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ. what? Let us hear from the following: If one brought out ink, if it was in a reed362Greek κάλαμος, -ου, m., Latin calamus,- i, m., in order to write two letters, if to correct, enough to correct one letter363Writing on the Sabbath creates liability if it may make sense, which means that a word may be formed, or at least two letters. But in correcting, changing a single letter may change the meaning of a word. Therefore if the specific intent was for correcting, the general rule (Mishnah 3) is superseded by a more restrictive one. Similarly here, specific intent in shearing may reduce the amount which creates liability; the absence of specific intent cannot reduce it.. There, we have stated364Mishnah Bekhorot 3:3. Slaughter of a wooly animal cannot be made through thick wool since the fleece might deflect or damage the knife, which would make the slaughter invalid and the animal into carcass meat. Therefore it is necessary to clear some area for the slaughter. It is biblically forbidden to shear a firstling (Deut. 15:19). The Mishnah states that tearing out hairs from the animal’s fleece is not shearing.: “He who slaughters the firstling makes space for the dagger on both sides and tears out the hair, but he should not move it from its place. Similarly, he who tears out hair to see a defect365Which would make the firstling secular property of the Cohen, (Deut. 15:20)..” Rebbi Ila in the name of Rebbi Simeon ben Laqish: One who tears out hair from a dedicated animal is not liable366As the Sabbath is concerned, this is unprofessional and therefore does not create liability while still being forbidden.. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish follows his own opinion, as they disagreed: If one tears out hair from a dedicated animal, Rebbi Joḥanan said, he is liable367As illegitimate use of dedicated property.; Rebbi Simeon ben Laqish said, he is not liable. Rebbi Jeremiah asked, is not Rebbi Simeon ben Laqish’s reasoning inverted? Since they disagreed368The previously recorded disagreement with R. Joḥanan has to be reconciled with the generally accepted Tosephta which follows.. “One who tears out a wing of a bird, who plucks it, and who cuts it is liable under three [categories].369Tosephta 9:20.” Rebbi Yose ben Rebbi Abun said, they370The two opinions of R. Simeon ben Laqish, that tearing out hairs from a four-legged animal does not create liability but tearing out feathers from a bird does. do not disagree. He who tears out is liable because of shearing; he who plucks out is liable because of wiping clean; he who cuts it is liable because of hitting with a hammer. But it cannot be compared; for a bird which has no shearing, tearing out is its shearing371Babli Bekhorot 25a.. But here372In the case of the four-legged animal. he is not liable unless he sheared. You should know that this is so since it was stated: If he tore from a dead animal he is liable since tearing is its shearing. “Who bleaches it.” He who impregnates wood for vessels and ropes for a windlass373For נחבלין אליקה in G one reads חבלין אל יקה. The translation, which is tentative, is based on Liebermann’s emendation to read וחבלין לאליקה reading the last word as Greek ἕλικα, accusative of ἕλιξ (identified by Jastrow).. This woman who painted her face red374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting. and painted her spindle red375As advertisement that she was available for prostitution. In all these cases, the statement that she is liable for painting is missing. The full text is quoted by some Medieval authors, e. g. Roqeaḥ Šabbat 68 (but he reads, “she paints her coat red”.. This tailor who took a thread into his mouth376The commentaries explain that he does this to bleach the thread.. Rav Cohen in the name of the rabbis of Caesarea: Asbestos377Greek ἀμίαντος, -ον, “pure” (adj.); ὁ ἀμίαντος λίθος, Latin amiantus “asbestos”. There is bleaching and dying for mineral material. is liable because of bleaching. “Who cards it.” He who cards date palm fiber, papyrus, is liable because of carding378Even though these are not textiles. Date palm fiber is lifa in Arabic.. “Who dyes it.” What kind of dying was in the Tabernacle? They were clobbering an animal for red skins of rams379Ex. 25:5, 26:14.. Rebbi Yose said, this implies that he is liable who causes a wound which results in echymosis380If the blue spot stays blue more than 24 hours.. He who colors his lips red is liable374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting.. He who causes bleeding, because of taking away life force at that place381Lev. 17:11. This does not refer to slaughter which is mentioned separately in Mishnah 3, but to a non-lethal wound. Babli 75a/b.. He who makes a shape, the first one is liable because of writing and the second one because of dying382Assuming that the first person draws an outline and the second fills it with color. The Babli 75b notes that if the object is decoration of the vessel, he also is liable because of “hitting with a hammer”.. If he left out a limb and another came and finished it, he is liable because of hitting with a hammer7A name for the formal end of any production process.. Wringing and washing are the same category of work. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, the dyers in Jerusalem made wringing a separate category of work. In the opinion of Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, there are 40 categories of work383Since it is not listed separately in the Mishnah.. Should we state this? We come to state only items to which everybody agrees. One who makes ropes. The one who twines them is liable because of spinning384The Babli 95a rules that braiding women’s hair is building.. One who makes basket work of reeds385The translation follows Levy; it is tentative., sieves, bast mats, is liable because of weaving. A woman when she prepares the loom, because of preparing. When she fastens the web,386The word in the text is unexplained. The translation follows R. Ḥananel who in his Commentary to 75a reads קירומה, which is interpreted as Greek καίρωμα, -ατος, τό. This is derived from καῖρος, ὁ, “row of thrums in the loom, to which the threads of the warp are attached” and the corresponding verb καιρόω “make fast these threads”; καίρωμα therefoe means “web so fastened”. because of tying threads. When she erects [the loom], because of building. When she hits387She pushes down the threads of the woof; this is the essence of weaving., because of weaving. When she cuts the threads, because of cutting. When she finishes her work, because of hitting with a hammer. One who makes boxes, when he starts, because of preparing. When he tailors388This is the only occurrence of חייט used as a verb. G reads “acting as cutter”, cf. شرط “to cut, to tear”., because of sewing. When he bends, because of building. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. One who makes bed-sheets389A conjectured meaning of מלין ערסװן “contents of beds”. Or zaruaˋ Šabbat 64 reads an unexplained ערסמו. G treats מלין and ערסװן as two different objects and has for both of them the full list of operations. J. Sussman reads in G not מלין (Ginzberg’s reading, unidentified as an object) but סַלִּין “baskets”., lengthwise because of preparing, crosswise because of weaving. Grating, because of tying threads. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. There are two warp threads per peg and two pegs for each warp thread390The pegs are on top and bottom of the loom, holding the threads of the warp.. “He who weaves two rows, who hits two threads, who ties, and who unties.” 394This paragraph and the next are also in Chapter 15, on Mishnah 15:1 (15), What tying was in the Tabernacle? They were tying down the ropes395Needed to tie the gobelins which formed the lowest part of the roof to the posts. Mentioned Ex. 35:18. Babli 74b.. But was this not temporarily396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., was it like temporarily? Rebbi Yose [ben Rebbi Abun]398From G and 15, confirmed by Or zaruaˋ Šabbat 67. said, since the Holy One, praise to Him, has promised them that he will bring them into the Land, it is as if it were (temporary) [permanent]399The text in (parentheses) is that of the corrector of the Leiden ms. and the scribe in 15, the one in [brackets] is of the original scribe here, the corrector in 15, and G. Since the Tabernacle was finally fixed at Shilo, there the ties were permanent. The other argument notes that while the times of disassembly of the Tabernacle were not predictable, the fact of future disassembly was a certainty; these ties were not permanent.. Rebbi Phineas said, they learned it from the gobelin sewers. If [a thread] broke, he was tying it. If it broke again, it was impossible to make many knots but he would untie the first one400Therefore both tying and untying happened during the construction of the Tabernacle and are correctly mentioned in the list of Sabbath prohibitions.. Rebbi Ḥizqiah said, an expert tailor merges the two heads401The previous argument is not convincing. An expert in invisible mending can connect the threads without a knot being noticeable.. And where was this said? As Rebbi Yose ben Rebbi Ḥanina said, they learned it from the weavers of the gobelins. What is the reason? The length of one gobelin402Ex. 26:2. To form a single unit, a gobelin could not have a broken thread even temporarily., that it should be an entity403For reasons of chronology, the [reading] of G is to be preferred over that of the (Leiden ms.) here and in Chapter 15.. If [a thread] broke, he was tying it. When he came to the weave, he untied it and brought it in. Rebbi Tanḥuma in the name of (Rav) [Rebbi]404For the purposes of the construction of the Sanctuary everything had to be perfect; no broken threads to be repaired. The only possible explanation remains the first one. Ḥuna: Even on its warp there was neither knot nor connection405A scribal error.. Rebbi Hoshaia stated, a basket of palm leaves for dates or a plate407Greek πάτελλα, ἡ. of palm leaves one may tear and open, only one may not tie408Chapter 6, Note 41. Here ends the parallel in Chapter 15.. Is this not untying? It is like one who breaks an amphora to eat dried figs409It is permitted in Mishnah 22:3 to break a sealed amphora to reach the food contained in it, on condition that one not intend to make a vessel out of the shards.. The handles of a double sack410Greek δισάκκιον, τό. one may tie and untie. It is as if one opened or locked on the Sabbath. 411This paragraph is from Kilaim 9:7 (Notes 162–167,כ); its topic is kilaim, the prohibition to wear linen and wool together, in particular the problem how many stitches it needs to connect linen and woolen cloth to constitute a violation of the prohibition. Only at the end is a connection made with the laws of the Sabbath. Rebbi Ḥanina said, not until it comes down an entire side412For him woolen and linen cloths create kilaim only if a full seam was sown. This contradicts the Mishnah quoted next.. Rebbi Yannai said, say to Rebbi Ḥanina, get out and read! Did we not state413Mishnah Kilaim 9:10., “if the two ends appear on the same side”? That means, only if it goes up and down and up. And did we not state, “Rebbi Jehudah says, only if there are three needle stitches”? That means that [the thread] goes down, and up, and down. But so and so414Either one follows the rabbis or R. Jehudah; in no case does one need more than three stitches.. A thread drawn through by means of a needle, even if it has a knot on each side, is no connection for cloth. The thread is a connection for cloth but not for the needle415If one stitch has been made and now the needle is sticking in the cloth, this does not count since the needle will eventually be removed. In order to create kilaim, the thread alone must cross the cloth three times, for two stitches.. Rebbi Jonah and Rebbi Yose both say, only if it is knotted on both sides. The words of the rabbis disagree since Rebbi Abba, Rav Jeremiah said in the name of Rav: He who straightens out the sides on the Sabbath416According to Maimonides (Šabbat 10:9), it is the regular procedure in sewing a garment that when a seam is sewn the two sides are stretched to be equal before the thread is knotted. Babli 95a. is liable because of sewing. He should have said, because of sewing and tying knots. Tearing applies to textiles and cutting to hides417In Mishnah 2, cutting cloth to prepare for sewing is forbidden as “tearing”. In Mishnah 3, cutting hides is forbidden as a different category. What is the rationale behind this double count, and does “tearing” only apply to textiles and cutting to hides and leather?. Tearing in the middle and cutting from the sides. There are some who switch, tearing of hides and cutting of textiles. Tearing of hides, those soft ones, and cutting of textiles, felt. 3418Here starts discussion of Mishnah 3. Babli 75a.. One who catches a purple snail and crushes it. There are Tannaïm who state that he is liable twice. There are Tannaïm who state that he is liable only once. He who says twice, one because of catching and one because of depriving of life. But he who says once, this is because of depriving of life. Does he not have catching419The scribe wrote: Does he not have catching? He does not have catching! The second sentence was unnecessarily deleted by the corrector. The only animal hides used for the construction of the Tabernacle were those of rams, which are domesticated and do not need to be caught, and the taḥaš, whose nature is in doubt. It is not quite clear what is being proved here. Either the emphasis on the taḥaš being a pure animal implies that only catching wild pure animals is a violation, or, since the taḥaš was a temporary phenomenon, it does not imply anything for later generations and no catching of wild animals is a Sabbath violation.? 420The following is from Chapter 2, Notes 111–114. It comes like what Rebbi Eleazar ben Rebbi Yose, Rebbi Abbahu, Rebbi Simeon ben Laqish in the name of Rebbi Meïr said: The Holy One, praise to Him, created for Moses in the desert a kind of pure animal. After the work of the Tabernacle had been finished it was hidden. Rebbi Abun said, its name was qereš. Rebbi Hoshaia stated, a unicorn. It is preferable to the Eternal to a cattle ox which sprouts a horn and has split hooves421Ps. 69:32.. It is written, it sprouts a horn. “Who slaughters it.” Rebbi Simeon ben Laqish said, there is no slaughter here; slaughter is a derivative of wounding. And why was it (not)422It seems that this word should be deleted; it is not in the quote of the sentence in Or zaruaˋ (II §72). stated with it? Only because we stated the proceedings of a meal it was stated with it. “Who tans it.” What tanning was for the Tabernacle? They were drafting on them. What were they drafting on them? They were drawing lines with a ruler423Since the hides were used as roofing, there is no indication that they had been shaved off and were tanned. The answer is that in order to be cut to size, they had to be tanned so that at least in the interior lines could be drawn to guide the cutter.. 424It seems that this sentence is misplaced here and belongs to the preceding discussion of the taḥaš, considering the unicorn as a non-kosher animal and stating that nevertheless the Tent of Meeting was covered by its hides. It follows that what Rebbi Samuel said in the name of Rebbi Abbahu, it is permitted to make tents from the hide of an impure animal. “Who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather..” What kind of erasure was in the tabernacle? Zeˋir bar Ḥinena in the name of Rebbi Ḥanina: They were rubbing the hide425The hides used to makes the covers of the Tabernacles, to clean them from all remainders of flesh clinging to the insides. on a pillar. One who rubbed hide clear on a pillar is liable. For what is he liable? Rebbi Yose in the name of Rebbi Jehudah ben Levi, Rebbi Aḥa in the name of Rebbi Jehudah ben Levi, because of rubbing clean. That is, if it is new. But if it be old426And rubbing will not change the nature of anything., it is the disagreement between Rebbi Eliezer and the Sages. Since they disagreed427Tosephta 9:13, Babli 95a.: “One who sweeps, who sprinkles428He sweeps or sprinkles water on a dirt floor. For R. Eliezer it is forbidden since he might fill in uneven spots in the floor. For the Sages representing R. Simeon this would be an unintended consequence which never creates liability., who makes cheese429According to a Geonic commentary quoted in Arukh, “who makes hard cheese.”, who makes butter430Definition of Arukh. Rashi: He makes soft cheese and lets it separate from the whey., who milks, and who takes down honeycombs, is liable for a purification sacrifice. But the Sages say, it is because of Sabbath rest431Rabbinic restrictions..” Rebbi Yose ben Rebbi Abun said, they do not disagree. He who sweeps, who sprinkles, is liable because of threshing. He who makes cheese, who makes butter, is liable because of kneading. He who milks, and who takes down honeycombs, is liable because of harvesting. He who squeezes budding olives is liable because of harvesting. Who needs this? Rebbi Eliezer432Since these have no oil, they are squeezed to make them edible as fruit which is permitted for R. Simeon.. He who files off heads of poles is liable because of cutting433Babli 75b. He who applies salve on a wet bandage434Latin splenium, -ii, n.. is liable because of rubbing clean. “If one erased a big letter where there is space to write in its stead two letters, he is liable. If he wrote one large letter even though there is space to write in its stead two letters, he is not liable. Rebbi Menaḥem ben Rabbi Yose says, this is more serious about him who erases than about him who writes that he who erases in order to correct is liable but he who writes in order to spoil is not liable.435,Babli 75b, Tosephta 11:9–10.436In general, any action to spoil does not create liability. In this particular case, if a single letter was erased so that there is no longer a recognizable lexeme it is spoiling. But correcting a single letter so that what was not a word now is one creates liability.” It may happen that one writes a single dot and is liable for it because of writing and because of erasing; it may happen that one erases a single dot and is liable for it because of writing and because of erasing. How is this? If it was a ד and he makes it ר ,ר and he makes it ד; he is liable because of writing and because of erasing437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). 4. What building was at the Sanctuary? They were putting the planks on top of the bases437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). But was this not temporary396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., it was as though permanent. Rebbi Yose ben Rebbi Abun said, since the Holy One, praise to Him, has promised them that He will bring them into the Land, it is as if it were permanent. This implies, a temporary building is a building. This implies, even from the side438Since the planks were simply put into the bases without either mortar or screws, putting them up was not professional work. “From the side” is a general expression for “nonprofessional”.. This implies even if was put on top of something else. Does it imply that building on implements is building439This would forbid even putting a pot on top of another pot to keep food warm.? The bases are like soil440The planks are never put into the bases unless the latter are firmly stuck in the ground; it is as if the walls of the tabernacle were set into the soil.. It was stated441Tosephta 11:1, Babli 102b, with different attributions.: “If one brings the stone and another one the mortar, he who brings the mortar is liable. Rebbi Yose says, both are liable.” Rebbi Yose is of the opinion that stone without mortar is building442A common Roman building method.. Everybody agrees that if one put up mortar first and someone then brought stone that he is liable. “The builder who set the stone on top of the row443Latin domus, -ūs, f., Greek δὁμος. is liable.444Continuation on the Tosephta. The fact that it needs a skilled craftsman to exactly adjust the stone even if no mortar is used makes it forbidden Sabbath work.” For whom is this needed? For the rabbis445Who in general require mortar as a sign of building activity, but not in this case.. One who put up planks and one who put up adobe walls is liable because of building446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. “And who tears down,” but only for a need446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. Rebbi Ḥama bar Uqba in the name of Rebbi Simeon ben Laqish: he who braids a palm-leaf basket is liable because of building447The rule that there is no building with vessels does not mean that there is no building of vessels. The Babli 75b has a completely different understanding of R. Simeon ben Laqish’s statement: “He who decorates a vessel or blows a glass vessel is liable because of “hitting with a hammer.”. Rebbi Ila in the name of Rebbi Simeon ben Laqish: he who blows a glass vessel is liable because of building. The rabbis of Caesarea in the name of Rebbi Simeon ben Laqish: There are things which are close but far away; and there are things which are far away but close448There are very diverse activities which are classified under the same category for the Sabbath, and there are distinct categories which may be represented by the same abstract definition, as explained in the sequel.. He who braids a palm-leaf basket, and he who blows a glass vessel, and he who makes a vessel in a form449Greek τύπος, ὁ. The vessel is cast., all are because of building. He who selects, who filters450R. David Fraenckel points out that “filtering” should be replaced by “winnowing” since filtering was reduced to either selecting or sifting (Note 325). But selecting, winnowing, and sifting are three similar activities but listed as three different categories (“close but far away”) whereas the very different activities in fabricating vessels mentioned in the preceding sentence are all classified under the same heading (“far away but close”)., and who sifts, all because of removing waste. Each of them is separately liable451Since they are separately listed in the Mishnah.. And why was handing over not stated with them452Why were the transactions described in Mishnaiot 1:1–2 not mentioned in the list of forbidden actions?? Rebbi Simon in the name of Rebbi Joshua ben Levi: Because of the disagreement of Rebbi Aqiba and the Sages453In Mishnah 11:1, one who throws from one private domain over a public domain into another private domain, R. Aqiba declares liable but the Sages do not. There is no universally accepted definition of “handing from one domain to another.”. Rebbi Ḥizqiah, Rebbi Jehudah ben Levi, Rebbi Joshua ben Levi in the name of Rebbi: In addition, there is handing over. And why was it not stated with them? All categories of work involve one, and this one two454Since the numerals are in the feminine, they refer to domains, not to persons, as noted by R. David Fraenckel.. All categories of work have derivatives, but this has no derivative.
אמר שמואל: השולה דג מן הים, כיון שיבש בו כסלע - חייב. אמר רבי יוסי בר אבין: ובין סנפיריו. אמר רב אשי: לא תימא יבש ממש, אלא אפילו דעבד רירי.
with regard to those animals enumerated by the Sages as having skin, since their skin is considered by the Sages to be similar to their flesh. The Gemara asks: On the contrary, those that the Sages enumerated, whose skin and flesh are equated, do not have skins. And Abaye said: This is what the tanna in the baraita is saying: Only those that the Sages did not enumerate have skin discrete from their flesh. Rava said to him: Doesn’t the baraita say the opposite: That those enumerated by the Sages have skin discrete from their flesh? Rather, Rava said: This is what the baraita is saying: Only the skin of those animals enumerated by the Sages transmits impurity like flesh. The Gemara asks: Is that to say by inference that Rabbi Yoḥanan ben Nuri holds that even the creeping animals not enumerated by the Sages also transmit impurity? Isn’t the opposite taught, that Rabbi Yoḥanan ben Nuri says: The eight creeping animals have skin that does not transmit impurity? Rav Adda bar Mattana said to resolve it this way: And the Rabbis say: With regard to impurity, those animals enumerated by the Sages do not have skin. According to this explanation, Rabbi Yoḥanan ben Nuri and the Rabbis disagree only with regard to the laws of impurity. But still, is it clear that they do not disagree with regard to the matter of Shabbat? Wasn’t it taught in a baraita: One who traps one of the eight creeping animals mentioned in the Torah on Shabbat is liable, as is one who wounds them, if they are creeping animals that have skins? And what is considered to be an irreversible wound? It is a wound where the blood collects in a single spot beneath the skin, even if it does not emerge. Rabbi Yoḥanan ben Nuri says: The eight creeping animals have skins. Apparently, there is disagreement with regard to Shabbat as well. Rav Ashi said: Who is the first tanna? It is Rabbi Yehuda, who follows the texture of the skin. He does not distinguish between those creeping animals whose skin is considered like flesh and those whose skin is discrete from the flesh as the verses may imply; rather, creeping animals are distinguished based on the texture of their skin, as we learned in a mishna that Rabbi Yehuda says: Even though the lizard is mentioned in the verse, it has the same ruling as the weasel because the weasel has skin discrete from its flesh. However, the Rabbis, who disagree with Rabbi Yoḥanan with regard to impurity, concede with regard to Shabbat and hold that all creeping animals have skins. The Gemara asks: If so, the phrase in the baraita: This is the statement of Rabbi Yoḥanan ben Nuri, is difficult. It should have said: This is the statement of Rabbi Yoḥanan ben Nuri and those who disagree with him, as the Rabbis who disagree with him with regard to impurity concede to him with regard to the laws of Shabbat. The Gemara responds: This is not difficult. Emend the baraita and teach: The statement of Rabbi Yoḥanan ben Nuri and those who disagree with him. Levi raised a dilemma before Rabbi Yehuda HaNasi: From where is it derived that a wound is defined as something irreversible? He answered him that it is derived as it is written: “Can a Cushite change his skin, or a leopard its spots [ḥavarburotav]?” (Jeremiah 13:23). The Gemara explains: What does ḥavarburotav mean? If you say that they are spotted marks on the leopard’s skin, that phrase: Or a leopard its spots, should have been: Or a leopard its colors. Rather, ḥavarburotav means wounds, and they are similar to the skin of a Cushite: Just like the skin of a Cushite will not change its color to white, so too a wound is something that does not reverse. We learned in the mishna: And one who traps other abominations is exempt. The Gemara infers: If one kills them he is liable. The Gemara asks: Who is the tanna who holds this opinion? Rabbi Yirmeya said: It is the opinion of Rabbi Eliezer, as it was taught in a baraita that Rabbi Eliezer says: One who kills lice on Shabbat is akin to one who kills a camel on Shabbat. Apparently, he is the Sage who holds that one is liable for killing any living creature. Rav Yosef strongly objects to this: Perhaps this is not so, as the Rabbis disagree with Rabbi Eliezer only with regard to lice, which do not procreate. However, with regard to other abominations and crawling things that procreate, they do not disagree with him. And fundamentally they both derived this halakha from the reddened ram skins used to cover the Tabernacle. Rabbi Eliezer holds that liability for killing an animal on Shabbat exists only with regard to animals like rams. Just as rams have their lives taken and die, so too, one is liable for killing any animal whose life is taken, including lice. And the Rabbis also hold that liability for killing an animal on Shabbat exists only with regard to animals like rams. Just as rams procreate, so too, one is liable for killing any creature that procreates. One is not liable for killing lice, which do not procreate. Abaye said to Rav Yosef: And lice do not procreate? Didn’t the Master say: The Holy One, Blessed be He, sits and sustains everything from the horns of wild oxen to the eggs of lice? Apparently, lice reproduce by laying eggs. Rav Yosef answered him: There is a species of insect that is called lice eggs, but lice themselves do not actually lay eggs. Again he asked: And wasn’t it taught in the baraita that lists types of creeping animals: Tefuyei, a type of insect, and lice eggs? He answered him: There is a species of insect called lice eggs. Again he asked: And still, there is the issue of a flea, which procreates according to all opinions, and nevertheless, it was taught in a baraita: With regard to one who traps a flea on Shabbat, Rabbi Eliezer deems him liable and Rabbi Yehoshua deems him exempt. Rav Ashi said: Are you raising a contradiction between trapping with killing? Rabbi Eliezer and Rabbi Yehoshua disagree only in that one Sage, Rabbi Eliezer, holds that one is liable for trapping even a species that is not typically trapped; and one Sage, Rabbi Yehoshua, holds that one is exempt in that case. However, with regard to killing, even Rabbi Yehoshua concedes that one is liable. We learned in the mishna that one who traps creeping animals for a specific need is liable, but one who traps them for no specific need is exempt. The Gemara asks: Who is the tanna who holds this way? Rav Yehuda said that Rav said: It is Rabbi Shimon, who said that for a prohibited labor performed not for its own sake, one is exempt. Some taught the statement of Rav in reference to this: With regard to one who drains an abscess in a boil containing pus on Shabbat, if his intention is to create an opening for it he is liable; if his intention is to remove pus from it he is exempt. The Gemara asks: Who is the tanna who holds this way? Rav Yehuda said that Rav said: It is Rabbi Shimon, who said that for a prohibited labor performed not for its own sake, one is exempt. Some teach the statement of Rav as referring to this: With regard to one who traps a snake on Shabbat, if he engages in its trapping so it does not bite him, he is exempt; if he does so for medicinal purposes he is liable. The Gemara asks: Who is the tanna who holds this way? Rav Yehuda said that Rav said: It is Rabbi Shimon, who said that for a prohibited labor performed not for its own sake, one is exempt. Shmuel said: With regard to one who removes a fish from the sea, when an area on the skin of the fish has dried up the size of a sela, he is liable. A fish in that condition cannot survive, and therefore the individual who removed it from the water is liable for killing it. Rabbi Yosei bar Avin said: That is so as long as the skin that dried is between its fins. Rav Ashi said: Do not say that this halakha applies only in a case where it actually dried. Rather, it applies even if the fish has dried to the extent that mucus has formed, and if one were to touch that area it would stick to his fingers. Mar bar Hamdurei said that Shmuel said: One who reached his hand into the innards of an animal on Shabbat and detached a fetus that was in its womb is liable. The Gemara asks: What is the reason for this? It does not make sense to consider the fetus as a full-fledged living creature. Rava said: Bar Hamdurei explained this to me. Didn’t Rav Sheshet say: One who detaches hops on Shabbat from the shrubs and thorns on which they are growing is liable for uprooting an object from its place of growth? Here, too, in the case of the fetus, one is liable for uprooting an object from its place of growth. Abaye said: One who detached
שו"ת דבר אברהם א סימן כד ענף ד, יב:
והשתא אי נימא דס"ל לשמואל להא דרבנן דקסרין אמרין א"כ אפילו בניצוד מבעוד יום נמי ליחייב מיד משום קוצר שמבדילו מחיותו... צ"ל דפליג על רבנן דקיסרין בהא דקרו להבדלת החיות קוצר מיהו סבר דאין קוצר אלא בכורת ממקום חיבור ממש ולא במבדיל ממקום החיות.
הכי נמי בבעלי חיים מיחייב משום עוקר דבר מגדולו דהוא משום נטילת נשמה, דומיא דחובל שהוא משום נטילת נשמה מאבר אחד, וסירכא דלישנא נקט, וכן נראה מדברי הרמב"ם ז"ל בפרק אחד עשר מהלכותיו, ומה שאמרו בירושלמי בפרק כלל גדול רבנן דקסרין אמרין ההיך דצד נונא וכל דבר שהוא מבדילו מחיותו חייב משום קוצר לא אתי כשיטתא דגמ' דין.
שו"ת דבר אברהם, שם:
"אם לא שנחדש לומר דלמאן דבעי גידולי קרקע כסממני משכן ממילא בהא נמי בעינן דומיא דסממנין שיהו מחוברין ממש ולא סגי בהבדלת החיות.
איך אפשר להסביר את המחלוקות על פי הכיוונים דלעיל?
(רמז: במחלוקת שמואל ורבנן דקיסרי איזו סברה מתאימה יותר למעשה ואיזו מתאימה יותר לתכנון ותוצאה? לפי זה, האם קוצר הוא דווקא בקרקע? למאן דאמר שדווקא בגידולי קרקע – איך אפשר להבין זאת על פי שתי הבנות מתוך שלוש, אם להידמות למשכן או אם לעשות פעולת טרחה מסוימת?)
מעמר
והמעמר. אמר רבא: האי מאן דכניף מילחא ממלחתא - חייב משום מעמר. אביי אמר: אין עימור אלא בגידולי קרקע.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
ומפרש רבנו דשורש מלאכות העימור שקושר אגודת שבלים ועושה עומר לא יתפרדו. וכה"ג במושך חבל בתוך התאנים מדובקים זה לזה דהיינו מסוסלה בקולטה הנ"ל, א"נ העושה עגול דבלה שהוא דבר המתדבק ולא יתפרדו. משא"כ המעמיד ערמת חטים או שאר פירות שאינם מתדבקים לית ביה משום עימור. והוא הדין לנותן הרבה דבלות לתוך הכלי ולא מירחן זה בזה, עד שיתאחזו ויעשו גוף אחד.
The measure that determines liability for carrying out a bone is equivalent to that which is used to make a spoon. Rabbi Yehuda says: In a measure equivalent to that which is used to make from it a key. The measure that determines liability for carrying out glass is equivalent to that which is used to scrape and smooth the top of a bobbin, a sharpened stick used by weavers. The measure that determines liability for carrying out a pebble or a stone is equivalent to that which is used to throw at a bird to chase it away. Rabbi Elazar bar Ya’akov says: Equivalent to that which is used to throw at an animal, which is larger.
קסמין שבחצר שאינו מקבצם אלא כדי להדליקם לאלתר אינו מקבצם אלא שטורח לו להדליק כל קיסם או לזרוק כל קיסם לבדו למדורה ולא בשביל תיקון הקסמין ושמירתם מקבצם אין זה מעמר.
תוספות רי"ד שבת עג ע"ב ד"ה 'והמעמר':
והמעמר – פירוש המקבץ השבלים מאחרי הקוצר ועושה אותן עומר. ושיעור המעמר הוא כגרוגרות, דומיא דקצר וטחן, שכל מלאכת האוכלין כגרוגרת. ואי קשיא אם כן נתפזרו לו פירות בחצרו או בשדה וליקטן יתחייב משום מעמר, תשובה אין מעמר אלא בשעת תלישתו מן הקרקע שזה הוא תחלת ליקוטו, אבל פירות שנלקטו כבר ועכשיו נתפזרו אין זה מעמר.
אילו שתי סברות לגדר מעמר עולות מדברי המהר"ח אור זרוע והרי"ד?
(רמז: האם הגדר הוא דרך עבודה בשדה או תיקון הפרי?)
איך אפשר להסביר את מחלוקתם על פי הכיוונים לעיל?
(רמז: האם האיסור בגלל דרך פעולה ומעשה טורח/דומה למשכן, או בגלל תוצאה של תכנון?)
הובאו כמה נפק"מ כאן: אם צריך קשירה (נניח כרגע שקשירה היא איסור פעולה ולא בגלל מלאכת מחשבת. כשנגיע למלאכת קושר נראה שזה לא פשוט), אם החפץ צריך להיות מאוחד, אם הוא עושה לעצמו ולא לפרי, אם זה גם בפירות מפוזרים (או אפילו לא בשדה) או שזהו דווקא שם בשדה. איך אפשר להסביר את ההתלבטויות על פי הכיוונים דלעיל (היעזר בסברות מהר"ח והרי"ד)?
דש
והדש. תנא: הדש והמנפץ והמנפט - כולן מלאכה אחת הן.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
אגלי טל, דש, ב, א:
ראוי לבאר במלאכת דש אם הוא דוקא שמפרקה מלבוש... או דילמא אפילו כשאינו מלובש תוך הפסולת כל שמפרקה מפסולת המחובר בה דש הוא.
קהילות יעקב כתובות ג, ב:
וע"פ דברי הרמב"ן ז"ל הנ"ל יתבאר דגם במלאכת דש הוי מלאכה הצריכה לגופה בין שצריך לטובת דבר הנידש ובין שצריך המלאכה לטובת תיקון בהגוף שנידש משם כיון דיסוד מלאכה זו דדש הוא הפרדת דבר מדבר ולכל חלק ממנו צריך הוא למלאכת הפרדתו... הוספה: במה שכתבתי... ונראה בזה דמלאכת דישה אינו הפרדת דבר מדבר... אלא הוצאת דבר ממקום גניזתו אל הגלוי... ולכן בעינן שתהא הצריכה לגופה דוקא בדבר הנסחט וכשהמשקה הולך לאיבוד אינו מלאכה להרמב"ן.
איך אפשר להסביר את ההתלבטות במלאכת דש על פי הכיוונים דלעיל?
(רמז: האם זוהי פעולה מסוימת או אפילו פעולה נגדית כל עוד היא לתכנון ולתכלית מסוימת?)
הסבר את הנפקא מינה שמובאת בסוף הקהילות יעקב על פי הכיוונים דלעיל.
זורה, בורר, מרקד
הזורה הבורר והטוחן והמרקד. היינו זורה היינו בורר היינו מרקד! אביי ורבא דאמרי תרוייהו: כל מילתא דהויא במשכן, אף על גב דאיכא דדמיא לה - חשיב לה.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle, even though there is a different labor that is similar to it, the mishna enumerated it. Every labor that was performed in the Tabernacle is significant. The Gemara asks: And let him enumerate the labor of pounding as well, as wheat was pounded to remove its outer kernel in the Tabernacle. Abaye said: The labor of pounding is not one of the essential stages in the baking of bread, as paupers eat their bread without pounding the wheat to remove the bran. Therefore, since the tanna enumerated threshing, there was no need to include pounding among the labors enumerated in the breadmaking process. Rava said a different explanation: Who is the tanna of this mishna? It is Rabbi Yehuda HaNasi, who said: The primary categories of labor are forty-less-one, a number derived from a textual allusion. Therefore, the list cannot be expanded. And had the tanna enumerated pounding, there would be forty labors rather than thirty-nine. The Gemara asks: And let him take out one of these, selecting or winnowing, and insert pounding, thereby leaving the number intact. Rather, the reason that the tanna did not include pounding is clear, according to the explanation of Abaye. The Sages taught in a baraita with regard to the laws of selecting: If there were several types of food before him, and he wants to remove one or more from the mixture, one selects and eats, selects and puts aside. And one may not select, and if one did select, he is liable to bring a sin-offering. The Gemara asks: What is the baraita saying? The end of this baraita contradicts the beginning. Ulla said: It is saying as follows: One selects and eats if he is doing so for the purpose of that day, Shabbat. And he selects and puts aside food for the purpose of that day. And one may not select for the purpose of the next day. And if one did select for the next day, he is liable to bring a sin-offering. Rav Ḥisda strongly objects to this explanation: And is it permitted to bake for that day, and is it permitted to cook for that day? No other labor prohibited on Shabbat may be performed for the purpose of Shabbat, and the same should hold true for selecting. Rather, Rav Ḥisda said it is to be understood as follows: One selects and eats less than the measure of a dried fig-bulk, which is the smallest amount for which one is liable by Torah law. One selects and puts aside less than that measure. And one may not select the measure of a dried fig-bulk, and if one did select that measure, he is liable to bring a sin-offering. Rav Yosef strongly objects to this explanation: And is it permitted to bake less than the measure for liability ab initio? Although performing a prohibited labor on a minute measure does not engender liability, it is prohibited. Therefore, the baraita cannot be interpreted as saying that one may ab initio select an amount that is less than the measure for liability. Rather, Rav Yosef said: One selects and eats by hand, selects and put aside by hand. However, with a basket [kanon] or with a plate, both of which are large, flat vessels used for sorting sizeable quantities, one may not select ab initio. And if he did select, he is exempt from bringing a sin-offering if he did so unwittingly. If he did so intentionally he is exempt from stoning. However, it is prohibited. And one may not select with a sieve or with a sifter. And if he did select with those utensils, he is liable to bring a sin-offering. Rav Hamnuna strongly objects to this: Does the mishna teach anything about a basket or a plate? Rav Yosef’s explanation is based on the addition of details that do not appear in the baraita either. Rather, Rav Hamnuna said: One selects and eats if he is removing food from the waste, and similarly, selects and puts aside if he is removing food from the waste. However, one may not select waste from food, and if he did select in that manner, he is liable to bring a sin-offering. The typical method of selecting is the removal of waste from the food. An individual who alters the procedure is not liable. Abaye strongly objects to this: Does the mishna teach anything about food from waste? That detail is not mentioned in the baraita either. Rather, Abaye said: One selects and eats if he is removing food for immediate use, and similarly one selects and puts aside for immediate use. However, one may not select for use later that same day. And if he did select, he is considered like one who selects for storage, and he is liable to bring a sin-offering. This explanation requires no emendation of the mishna. It is merely an interpretation of the phrase: One selects and eats, as referring to selecting for immediate use. The Gemara relates that the Sages stated Abaye’s explanation of the baraita before Rava. He said to them: Naḥmani, Abaye, spoke well. Until this point, the Gemara discussed selecting food from waste. The Gemara proceeds to discuss a different case. If there were two types of foods before him, and he selected and ate one type, and selected and put aside one type, Rav Ashi taught: He is exempt. Rav Yirmeya from Difti taught: He is liable. Rav Ashi taught: He is exempt. The Gemara asks: Wasn’t it taught in a baraita that in that case he is liable? The Gemara answers: This is not difficult: This, where Rav Ashi said that he is exempt, is referring to a case where he selects by means of a basket or a plate, as that method of selecting is not considered expert work; and that, where the baraita said he is liable, is in a case where he selects by means of a sieve or a sifter, as that method of selecting is considered expert work. The Gemara relates that when Rav Dimi came from Eretz Yisrael to Babylonia he said: It was the Shabbat of Rav Beivai to serve food to the students, and Rabbi Ami and Rabbi Asi happened to come to his house. He placed before them a basket of fruits without removing the leaves and the stems. And I do not know whether he did so because he holds that it is prohibited to select food from waste when it is not for immediate consumption, or whether he did so because he intended to show generosity to his guests by creating the impression that the basket was full. A fruit-filled basket conveys to the guests that there is plenty and that they may take as much as they wish. Therefore, there is no clear proof from this incident. Ḥizkiya said: One who selects lupines from their waste after boiling them is liable for performing the prohibited labor of selecting. The Gemara asks: Let us say, based on this statement, that Ḥizkiya holds that even selecting food from waste is prohibited. The Gemara rejects this proof: Lupines are different,
רבנו חננאל שם:
נמצא זורה והבורר והמרקד כולן מעבירין פסולת המעורבות באוכל ואינה מחוברת (ואינה) כגון קליפה שצריכה פירוק או כגון עפרורית שצריך ניפוץ אלא מעורבת בלבד. וכן אם נטל בידו אדם תבואה בתיבנא ובפסולת שיש בה וניפח בה ברוח פיו ובירר חשוב הוא כזורה. פי' בורר נוטל פסולת מבין האוכל ומשליכה או נוטל האוכל ומניח הפסולת. מרקד שמטיל את האוכל והפסולת בכברה ונשארת האוכל ואם האוכל דק והפסולת עבה כמין תבן יוצא האוכל ונשארת הפסולת בכברה. וכיון דאסיק' כי הזורה והבורר והמרקד כולן מעין מלאכה אחת הן מפריש הפסולת מן האוכל ומשום דהוו במשכן הוו להו תלתא וחייב על כל אחת ואחת.
הערוך, ערך 'זר':
שכולם העברת פסולת שהיא מעורבת באוכל... אלא כל אחת מהן יש לה דרך כל דבר שהוא משלימו להפרחת ברוח הוא חייב עליו משום זורה... והבורר הוא שנוטל הפסולת מבין האוכל ומשליכו... והמרקד שהוא מניח האוכל והפסולת בכלי.
הרי הוא אורג – דהיינו אורג ממש, ולא דמי לזורה ובורר ומרקד, דזה בקשין וזה בצרורות וזה בקמח.
מה המחלוקת בין רש"י לבין הר"ח והערוך, ואיך אפשר להסביר את המחלוקת על פי הכיוונים לעיל?
(רמז: למי ההבדל בדרך הפעולה ולמי בתוצאה?)
תנו רבנן: היו לפניו מיני אוכלין - בורר ואוכל, בורר ומניח. ולא יברור, ואם בירר - חייב חטאת. מאי קאמר? אמר עולא: הכי קאמר: בורר ואוכל - לבו ביום, ובורר ומניח - לבו ביום; ולמחר לא יברור, ואם בירר - חייב חטאת. מתקיף לה רב חסדא: וכי מותר לאפות לבו ביום? וכי מותר לבשל לבו ביום? אלא אמר רב חסדא: בורר ואוכל - פחות מכשיעור, בורר ומניח - פחות מכשיעור. וכשיעור - לא יברור, ואם בירר - חייב חטאת. מתקיף לה רב יוסף: וכי מותר לאפות פחות מכשיעור? אלא אמר רב יוסף: בורר ואוכל - ביד בורר ומניח - ביד. בקנון ובתמחוי - לא יברור, ואם בירר - פטור אבל אסור, ובנפה ובכברה - לא יברור, ואם בירר - חייב חטאת. מתקיף לה רב המנונא: מידי קנון ותמחוי קתני! אלא אמר רב המנונא: בורר ואוכל - אוכל מתוך הפסולת, בורר ומניח - אוכל מתוך הפסולת, פסולת מתוך אוכל - לא יברור, ואם בירר - חייב חטאת. מתקיף לה אביי: מידי אוכל מתוך פסולת קתני! - אלא אמר אביי: בורר ואוכל - לאלתר, ובורר ומניח - לאלתר, ולבו ביום - לא יברור, ואם בירר - נעשה כבורר לאוצר, וחייב חטאת.
even though there is a different labor that is similar to it, the mishna enumerated it. Every labor that was performed in the Tabernacle is significant. The Gemara asks: And let him enumerate the labor of pounding as well, as wheat was pounded to remove its outer kernel in the Tabernacle. Abaye said: The labor of pounding is not one of the essential stages in the baking of bread, as paupers eat their bread without pounding the wheat to remove the bran. Therefore, since the tanna enumerated threshing, there was no need to include pounding among the labors enumerated in the breadmaking process. Rava said a different explanation: Who is the tanna of this mishna? It is Rabbi Yehuda HaNasi, who said: The primary categories of labor are forty-less-one, a number derived from a textual allusion. Therefore, the list cannot be expanded. And had the tanna enumerated pounding, there would be forty labors rather than thirty-nine. The Gemara asks: And let him take out one of these, selecting or winnowing, and insert pounding, thereby leaving the number intact. Rather, the reason that the tanna did not include pounding is clear, according to the explanation of Abaye. The Sages taught in a baraita with regard to the laws of selecting: If there were several types of food before him, and he wants to remove one or more from the mixture, one selects and eats, selects and puts aside. And one may not select, and if one did select, he is liable to bring a sin-offering. The Gemara asks: What is the baraita saying? The end of this baraita contradicts the beginning. Ulla said: It is saying as follows: One selects and eats if he is doing so for the purpose of that day, Shabbat. And he selects and puts aside food for the purpose of that day. And one may not select for the purpose of the next day. And if one did select for the next day, he is liable to bring a sin-offering. Rav Ḥisda strongly objects to this explanation: And is it permitted to bake for that day, and is it permitted to cook for that day? No other labor prohibited on Shabbat may be performed for the purpose of Shabbat, and the same should hold true for selecting. Rather, Rav Ḥisda said it is to be understood as follows: One selects and eats less than the measure of a dried fig-bulk, which is the smallest amount for which one is liable by Torah law. One selects and puts aside less than that measure. And one may not select the measure of a dried fig-bulk, and if one did select that measure, he is liable to bring a sin-offering. Rav Yosef strongly objects to this explanation: And is it permitted to bake less than the measure for liability ab initio? Although performing a prohibited labor on a minute measure does not engender liability, it is prohibited. Therefore, the baraita cannot be interpreted as saying that one may ab initio select an amount that is less than the measure for liability. Rather, Rav Yosef said: One selects and eats by hand, selects and put aside by hand. However, with a basket [kanon] or with a plate, both of which are large, flat vessels used for sorting sizeable quantities, one may not select ab initio. And if he did select, he is exempt from bringing a sin-offering if he did so unwittingly. If he did so intentionally he is exempt from stoning. However, it is prohibited. And one may not select with a sieve or with a sifter. And if he did select with those utensils, he is liable to bring a sin-offering. Rav Hamnuna strongly objects to this: Does the mishna teach anything about a basket or a plate? Rav Yosef’s explanation is based on the addition of details that do not appear in the baraita either. Rather, Rav Hamnuna said: One selects and eats if he is removing food from the waste, and similarly, selects and puts aside if he is removing food from the waste. However, one may not select waste from food, and if he did select in that manner, he is liable to bring a sin-offering. The typical method of selecting is the removal of waste from the food. An individual who alters the procedure is not liable. Abaye strongly objects to this: Does the mishna teach anything about food from waste? That detail is not mentioned in the baraita either. Rather, Abaye said: One selects and eats if he is removing food for immediate use, and similarly one selects and puts aside for immediate use. However, one may not select for use later that same day. And if he did select, he is considered like one who selects for storage, and he is liable to bring a sin-offering. This explanation requires no emendation of the mishna. It is merely an interpretation of the phrase: One selects and eats, as referring to selecting for immediate use. The Gemara relates that the Sages stated Abaye’s explanation of the baraita before Rava. He said to them: Naḥmani, Abaye, spoke well. Until this point, the Gemara discussed selecting food from waste. The Gemara proceeds to discuss a different case. If there were two types of foods before him, and he selected and ate one type, and selected and put aside one type, Rav Ashi taught: He is exempt. Rav Yirmeya from Difti taught: He is liable. Rav Ashi taught: He is exempt. The Gemara asks: Wasn’t it taught in a baraita that in that case he is liable? The Gemara answers: This is not difficult: This, where Rav Ashi said that he is exempt, is referring to a case where he selects by means of a basket or a plate, as that method of selecting is not considered expert work; and that, where the baraita said he is liable, is in a case where he selects by means of a sieve or a sifter, as that method of selecting is considered expert work. The Gemara relates that when Rav Dimi came from Eretz Yisrael to Babylonia he said: It was the Shabbat of Rav Beivai to serve food to the students, and Rabbi Ami and Rabbi Asi happened to come to his house. He placed before them a basket of fruits without removing the leaves and the stems. And I do not know whether he did so because he holds that it is prohibited to select food from waste when it is not for immediate consumption, or whether he did so because he intended to show generosity to his guests by creating the impression that the basket was full. A fruit-filled basket conveys to the guests that there is plenty and that they may take as much as they wish. Therefore, there is no clear proof from this incident. Ḥizkiya said: One who selects lupines from their waste after boiling them is liable for performing the prohibited labor of selecting. The Gemara asks: Let us say, based on this statement, that Ḥizkiya holds that even selecting food from waste is prohibited. The Gemara rejects this proof: Lupines are different,
ובורר ומניח לאלתר – לאכול לאלתר, שאין זה דרך בוררין.
רבנו חננאל שם ע"ב:
איתמר המולל מלילות של חיטין (למחר) מנפח על יד על יד ואוכל ואם נפח ונתן לתוך ידו חייב. א"ר אלעזר וכן לשבת. מ"ט, דמלאכת מחשבת אסרה תורה והאי לאו מלאכת מחשבת היא, דלא קא מכוון במלאכה אלא לאכילה בלבד.
איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
(רמז: האם היתר ברירה לאכילה הוא חיסרון בדרך ובמעשה או בתכנון ובתוצאה?)
טוחן
והטוחן. אמר רב פפא: האי מאן דפרים סילקא - חייב משום טוחן. אמר רב מנשה: האי מאן דסלית סילתי - חייב משום טוחן. אמר רב אשי: אי קפיד אמשחתא - חייב משום מחתך.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
התולדה היא המלאכה הדומה לאב מאלו האבות. כיצד. המחתך את הירק מעט לבשלו הרי זה חייב, שזו המלאכה תולדת טחינה, שהטוחן לוקח גוף אחד ומחלקו לגופים הרבה. וכל העושה דבר הדומה לזה הרי זה תולדת טוחן. וכן הלוקח לשון של מתכת ושף אותו כדי ליקח מעפרו, כדרך שעושים צורפי הזהב, הרי זה תולדת טחינה.
A derivative is a labor that resembles one of these categories of [forbidden] labor.7In his Commentary on the Mishnah (Shabbat 7:2), the Rambam explains that a derivative is an activity that produces a result similar to that produced by one of the forbidden labors, but differs both in the intent and the nature of the activity. What is implied? A person who cuts a vegetable into small pieces to cook is liable,8See Chapter 21, Halachah 18. As mentioned in the notes on that halachah, for the activity to be forbidden as a derivative of grinding, one must have the intent to cook it. for this activity resembles grinding. When a person grinds, he takes one [large] entity, and divides it into smaller parts. Anyone who performs an activity that resembles this is [performing] a derivative of the labor of grinding. Similarly, a person who takes a strip of metal and pulverizes it to use the powder9See Chapter 8, Halachah 15. acts as goldsmiths do;10This phrase emphasizes that to be liable, one's intent in pulverizing the metal must be for a useful purpose. If one's intent is merely destructive in nature, one is not liable. he is [performing] a derivative of the labor of grinding.
וכן הקוצר תבואה או קטנית וכו'. תנא הקוצר והבוצר והגודר והמוסק והאורה כלן מלאכה אחת הן. ודע שכוונת רבינו היא שכל מלאכה שהיא דומה לאב בדמיון גמור אלא שחלוקה ממנה באיכות הפעולה או באיכות הנפעל הרי זו אב כמותה אבל מלאכה הדומה לה במקצת זו היא הנקראת תולדה. והמשל בזה הקוצר והבוצר שהם בדמיון גמור אלא שחלוקין הנפעלים וכן הזורע והנוטע וכן החורש והחופר שהם חלוקי איכות הפעולה אבל הם בדמיון גמור. עליהם אמרו כולם מלאכה אחת הם. שאם באנו לחלק בהן נחלק במיני הזרעים גם כן ובמיני הכלים אשר יעשה בהם וכיוצא בזה. אבל בשאין שם אלא קצת דמיון כגון המחתך את הירק שאינו דומה לטחינה רק בהעשות מגוף אחד גופים רבים אע"פ שהטחינה משנה הגוף הראשון לגמרי ואין החתוך כן זו הוא תולדה והיקש זה ניתן לכלן. זהו דעת רבינו. ויש מי שפירש כלן מלאכה אחת הן שהן תולדות לאב אחד ואע"פ שאין לנו בזה אלא שינוי השמות הפירוש הראשון נראה עיקר וזהו חידוש הברייתות.
מי טל, הטוחן, א:
הנה במלאכת טוחן יש לחקור ביסוד החיוב דהאי מלאכה אם חיובה משום עשיית בני פירורים שנתהוו ע"י הטחינה.
איך אפשר להסביר את דבריהם על פי הכיוונים דלעיל?
חזון איש מועד נח, ט:
ונראה דכשם שבישולו מפקיעתו ממלאכת טחינה כיון שטחינתו נוחה ואין שם מלאכה עלה.
כלכלת שבת, טוחן:
אסור לרסק (קארטאפפעל) מבושלין או שאר מאכל משום טוחן, רק בהיו מרוסקים קצת מותר לגמור רסוקן.
איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
(רמז: האם העיקר ליצור בטחינה דבר חדש, או דווקא פעולת ריסוק דבר קשה?)
לש
מתני'. בית שמאי אומרים: אין שורין דיו וסמנים וכרשינין אלא כדי שישורו מבעוד יום, ובית הלל מתירין. בית שמאי אומרים: אין נותנין אונין של פשתן לתוך התנור אלא כדי שיהבילו מבעוד יום, ולא את הצמר ליורה אלא כדי שיקלוט העין, ובית הלל מתירין. בית שמאי אומרים: אין פורסין מצודות חיה ועופות ודגים אלא כדי שיצודו מבעוד יום, ובית הלל מתירין. בית שמאי אומרים: אין מוכרין לנכרי, ואין טוענין עמו, ואין מגביהין עליו אלא כדי שיגיע למקום קרוב, ובית הלל מתירין. בית שמאי אומרים: אין נותנין עורות לעבדן, ולא כלים לכובס נכרי אלא כדי שיעשו מבעוד יום, ובכולן בית הלל מתירין עם השמש. אמר רבן שמעון בן גמליאל: נוהגין היו בית אבא שהיו נותנין כלי לבן לכובס נכרי שלשה ימים קודם לשבת. ושוין אלו ואלו שטוענין קורת בית הבד ועגולי הגת.
גמ'. מאן תנא נתינת מים לדיו זו היא שרייתן? אמר רב יוסף: רבי היא, דתניא: אחד נותן את הקמח ואחד נותן את המים - האחרון חייב, דברי רבי. רבי יוסי אומר: אינו חייב עד שיגבל. אמר ליה אביי: ודילמא עד כאן לא קאמר רבי יוסי - אלא בקמח דבר גיבול הוא, אבל דיו דלאו בר גיבול הוא - אימא ליחייב! לא סלקא דעתך, דתניא: אחד נותן את האפר ואחד נותן את המים - האחרון חייב, דברי רבי. רבי יוסי ברבי יהודה אומר: עד שיגבל. ודילמא: מאי אפר - עפר, דבר גיבול הוא. והתניא: אפר, והתניא: עפר! מידי גבי הדדי תניא?
Tavi the bird hunter [rishba] that Shmuel said: The decree that growths of teruma, i.e., produce that grows from teruma that was planted in the ground, are considered teruma, the Sages also issued on that day. The Gemara asks: What is the reason for this decree? Rabbi Ḥanina said: A decree due to pure teruma in the hand of a non-priest Israelite. One who seeks to avoid giving teruma to a priest would plant it in the ground and thereby negate its teruma status. To prevent him from doing so, the Sages decreed that that which grows from the teruma is also considered teruma. Consequently, one would gain nothing by replanting the teruma. Rava said: If they are suspected of that, let them refrain from separating teruma altogether. Rather, Rava said: We know that with regard to an Israelite, as opposed to a Levite, fundamentally it is possible to perform the mitzva of teruma by separating merely one grain of wheat, in accordance with the opinion of Shmuel, who said that by Torah law there is no fixed measure for teruma. By separating one grain of wheat as teruma for all the wheat on the threshing floor, one fulfills his obligation. Since he nevertheless did not take advantage of that possibility to exempt himself from the obligation of separating teruma, he is trustworthy, and there is no reason to suspect that he will seek to avoid giving teruma to the priest by planting it. Rather, the reason for the decree is due to impure teruma in the hand of a priest. A priest is forbidden to eat impure teruma and he is required to burn it. However, the priest is permitted to derive benefit from its burning. The Sages were concerned lest he keep the impure teruma with him until the season of sowing and sow his field with it, and, as a result, he encounter a stumbling-block because over time he is liable to forget that the teruma is impure and eat it. With regard to the total of eighteen decrees, the Gemara asks: And what is the other decree? Rabbi Ḥiyya bar Ami said in the name of Ulla: In a case of one who was carrying a purse with money in it on Shabbat eve, and it got dark for him on the way, the Torah law permitted him to carry the purse in increments, each of which is less than four cubits. However, the Sages issued the following decree: It is prohibited to carry in increments; he should give his purse to a gentile accompanying him. This decree was also issued on that day. And the other decree: The Sage Bali said that Avimi of Sanvata said: The decrees with regard to gentiles that prohibit their bread, and their oil, and their wine, and their daughters are all one decree of the eighteen matters. The Gemara asks: This works out well according to Rabbi Meir, as according to his opinion the Gemara already enumerated eighteen decrees. However, according to Rabbi Yosei, who holds that the dispute remains with regard to the matter of vessels in the courtyard, they are only seventeen. The Gemara answers: There is also that statement of Rav Aḥa bar Adda, as Rav Aḥa bar Adda said that Rabbi Yitzḥak said: The Sages issued a decree prohibiting eating their bread due to their oil. And they issued a decree prohibiting their oil due to their wine. Consequently, there are two separate decrees. The Gemara wonders: They issued a decree on their bread because of their oil. In what way is the prohibition on oil stronger than the prohibition on bread? Rather, say that they issued a decree prohibiting their bread and their oil due to their wine. And they issued a decree prohibiting their wine due to the fact that it leads to familiarity, and people will come to marry their daughters. And they issued a decree prohibiting their daughters due to something else, idolatry. And they further issued a decree on something else, idolatry, due to something else. The Gemara asks: What is the something else alluded to here? Rav Naḥman bar Yitzḥak said: They issued a decree on a gentile baby, according him the legal status that he transmits impurity as one with the legal status of a great zav, who experienced three emissions, even though he did not experience an emission. This was in order to distance Jewish children from gentile children so that a Jewish boy should not be accustomed to be with a gentile in homosexual relations. The Gemara asks: If so, according to Rabbi Meir it is difficult as well, as they are now nineteen decrees. The Gemara answers: Rabbi Meir counts the decrees of food items and vessels that became impure through contact with liquids as one. Consequently, according to Rabbi Meir, too, there are only eighteen decrees. MISHNA: In this mishna there is a fundamental dispute between Beit Hillel and Beit Shammai: Must one begin refraining from actions prohibited on Shabbat on Shabbat eve? Or, may one initiate an action prior to Shabbat, even if he knows that it will continue on its own on Shabbat itself? These are the details of that dispute: Beit Shammai say: One may only soak dry ink in water and dry plants, which produce dyes, in water and vetch for animal food to soften them in water on Shabbat eve, adjacent to Shabbat, if there is clearly sufficient time for them to soak for their designated purpose while it is still day, before Shabbat begins, and their continued soaking on Shabbat will have no effect. And Beit Hillel permit doing so. Beit Shammai say: One may only place bundles of combed flax inside the oven on Shabbat eve if there is sufficient time so that they will be heated while it is still day. And one may only place wool into the dyer’s kettle if there is sufficient time for the wool to absorb the dye while it is still day. And Beit Hillel permit doing so. Beit Shammai say: One may spread traps for an animal and birds and fish only if there is sufficient time remaining in the day for them to be trapped in them while it is still day, and Beit Hillel permit doing so even if there is not sufficient time remaining in the day. Beit Shammai say: One may only sell an item to a gentile on Shabbat eve, and one may only load a burden on his donkey with him, and one may only lift a burden on him if there remains sufficient time for the gentile to arrive to a near place prior to Shabbat, and the Jew will play no role in the performance of a prohibited labor by the gentile on Shabbat. And Beit Hillel permit doing so. Beit Shammai say: One may not give skins to a gentile tanner, nor clothes to a gentile launderer, unless there is sufficient time for work on them to be completed while it is still day, before Shabbat begins. And in all of them Beit Hillel permit doing so with the sun, i.e., as long as the sun is shining on Friday. Rabban Shimon ben Gamliel said: The ancestral house of my father, the dynasty of Nesi’im from the house of Hillel, was accustomed to give its white clothes to a gentile launderer no fewer than three days before Shabbat. And, however, these, Beit Shammai, and those, Beit Hillel, agree that, ab initio, one may load the beam of the olive press on the olives on Shabbat eve while it is still day, so that the oil will continue to be squeezed out of the olives on Shabbat. So too, one may load the circular wine press to accelerate the process of producing wine from the grapes. GEMARA: Before clarifying the matters themselves, the Gemara seeks to determine: Who is the tanna who holds that merely adding water to ink without any additional action constitutes its soaking, and one is liable for doing so on Shabbat, as he performed an act of kneading, one of the primary categories of labor? Rav Yosef said: It is the opinion of Rabbi Yehuda HaNasi. As it was taught in a baraita: In a case where one person adds the flour and another one adds the water into one vessel, the latter one is liable for kneading the dough, which is a prohibited labor on Shabbat, even though he did not actually knead the dough; that is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei says: He is not liable for the prohibited labor of kneading until he actually kneads the dough. According to Rabbi Yehuda HaNasi, merely soaking the dough in water is considered a prohibited labor. Abaye said to Rav Yosef: And perhaps Rabbi Yosei only stated that actual kneading is required to be liable for performing the prohibited labor of kneading in the case of flour, which can be kneaded; however, ink, which cannot be kneaded, say that its soaking is considered a full-fledged prohibited labor, and he will therefore be liable, even according to the opinion of Rabbi Yosei. The Gemara rejects this: It should not enter your mind to say so, as it was taught in a baraita: In a case where one places the ashes and one adds the water, the latter one is liable, although he did not knead them. That is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei, son of Rabbi Yehuda, says: He is not liable until he actually kneads them. Apparently, according to the opinion of Rabbi Yosei, son of Rabbi Yehuda, he is only liable for committing the prohibited labor of kneading on Shabbat if he actually kneads the mixture, as he stated his halakha even with regard to ashes, which cannot be kneaded. The Gemara asks: And perhaps, what is the meaning of ashes [efer] mentioned here? Perhaps it is soil [afar], which can be kneaded. In that case he is not liable until he actually kneads the mixture. However, with regard to ashes, which cannot be kneaded, Rabbi Yosei, son of Rabbi Yehuda, also holds that even if he did not actually knead the mixture he is liable. The Gemara rejects this: Wasn’t the dispute taught in one baraita with regard to ashes, and wasn’t it taught in another baraita with regard to soil? In both cases, Rabbi Yosei, son of Rabbi Yehuda, disagreed. The Gemara rejects this proof: Were they taught next to each other? Had both of these baraitot been taught together, it would have been truly possible to arrive at the conclusion that Rabbi Yosei, son of Rabbi Yehuda, disagrees both in the case of ashes and in the case of soil. However, since the baraita that speaks about ashes was taught elsewhere by a different amora who cited it in the name of Rabbi Yosei, the difference in language does not prove that Rabbi Yosei disagrees in both cases. The Sages taught in a Tosefta: One may open a canal that passes adjacent to a garden on Shabbat eve at nightfall, so that water will flow into a garden and the garden continuously fills with water all day long on Shabbat. Similarly, one may place incense, perfumed herbs placed on coals to produce a fragrance, on coals beneath the clothes on Shabbat eve and the clothes may be continuously perfumed all day long. And, similarly, one may place sulfur beneath the silver vessels on Shabbat eve at nightfall for the purpose of coloring the vessels, and they may be continuously exposed to sulfur all day long. And one may place an eye salve [kilor] on the eye and a bandage [ispelanit] smeared with cream on a wound on Shabbat eve at nightfall, and the wound may continuously heal all day long on Shabbat. However, one may not place wheat kernels into the water mill unless he does so in a way so that they will be ground while it is still day on Friday and not on Shabbat. The Gemara asks: What is the reason that the baraita prohibited a mill and permitted other prohibited labor? Rabba said: Because it makes noise and the public will hear the mill grinding on Shabbat. Although no prohibited labor is being performed, doing so displays contempt for Shabbat. Therefore, the Sages prohibited it. Rav Yosef said to Rabba: And let the Master say a better reason, due to the obligation to ensure the resting of utensils. Even the utensils of a Jewish person may not be used for prohibited labor on Shabbat. As it was taught in halakhic midrash, the Mekhilta: That which is stated: “And in all that I said to you, take heed” (Exodus 23:13), is an allusion to matters mentioned in the Oral Torah. It comes to include the resting of utensils on Shabbat. Rather, Rav Yosef said: The reason for the prohibition of the mill on Shabbat is due to the resting of utensils. Since the obligation of resting utensils on Shabbat was mentioned, the Gemara says: Now that you said that Beit Hillel also hold that resting utensils on Shabbat is required by Torah law, with regard to sulfur and incense on coals that are placed under silver vessels and clothes, respectively, what is the reason that the Sages permitted this on Shabbat? Isn’t that performed on Shabbat in utensils? The Gemara answers: Because the utensil itself does not perform an action when the incense or sulfur is burning. With regard to the bundles of flax, what is the reason that they permitted placing them in the oven on Shabbat eve at nightfall to dry, even though the oven is performing a prohibited labor on Shabbat? Because it does not perform an action; rather, on the contrary, it sits idle in its place and the prohibited labor occurs on its own. However, with regard to traps of an animal, and a bird, and a fish, which perform a bona fide action of trapping, what is the reason that they permitted spreading them on Shabbat eve at nightfall? The Gemara explains: There too, it is referring to a fish hook and nets [kokrei], which perform no action. They stand in place, and the fish comes to them and is trapped. Indeed, a trap that performs an action is prohibited. And now that Rav Oshaya said that Rav Asi said: Who is the tanna who states that the obligation of resting utensils on Shabbat is by Torah law? The tanna is Beit Shammai and not Beit Hillel. Consequently, according to Beit Shammai, whether the utensil performs an action or whether it does not perform an action, it is prohibited. And according to Beit Hillel, even though it performs an action, it is nevertheless permitted. The Gemara asks: And now that you said that according to Beit Shammai even though the utensil does not perform an action it is prohibited, if so,
מי טל, לש, א:
ביסוד מלאכת לישה מצינו פלוגתא דתנאי... והיינו דאפליגו אם יסוד מלאכת לישה הוי ע"י נתינת המים לתוך הקמח לבד וגם בלא גיבל ולש אותם יחד עד שנעשית עיסה... מדברי הצפנת פענח דיסוד מלאכת לישה היא מה שע"י הלישה נעשה כאן מציאות חדש דהיינו העיסה... האומנם דנראה דכל זה שייך לומר רק לשיטת ר' יוסי ב"ר יהודא דמלאכת לישה לא הוי אלא עד שיגבל ויעשה העיסה משא"כ לשיטת רבי דמיד שנתן המים בקמח חייב... ובע"כ דלשיטת רבי אם היסוד דמלאכת לישה ההתחדשות דהעיסה... אלא עצם הענין שנתן... תיכף מתערבים המים בהקמח וזה גורם שפירורי הקמח שהיו כל אחת מציאות בפ"ע נתחברו ונתדבקו יחד ע"י ליחות המים.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
אמר מר זוטרא: לית הלכתא ככל הני שמעתתא, אלא כי הא דאתמר: חרדל שלשו מערב שבת, למחר ממחו בין ביד בין בכלי, ונותן לתוכו דבש. ולא יטרוף אלא מערב. שחליים ששחקן מערב שבת, למחר - נותן לתוכן שמן וחומץ, וממשיך לתוכן אמיתא, ולא יטרוף אלא מערב.
Because it is only made to enhance the color of the food. That does not negate the egg-white as significant food in the sense that it would be considered waste, and therefore, no actual selection is performed. It is stated: With regard to mustard that one kneaded on Shabbat eve, on the following day, Shabbat, Rav said: One may dissolve it in wine or water with a vessel, but not with his hand, as using a vessel diverges from the normal method of preparation. Shmuel said to him: Why may he not dissolve it with his hand? Is that to say that he dissolves it with his hand every day? If it is prepared in that manner, it is donkey food. Certainly dissolving by hand is not the manner in which mustard is prepared during the week. Therefore, dissolving mustard with a vessel should not be permitted on Shabbat. Rather, Shmuel said the opposite: He may dissolve it with his hand as a divergence from the typical method of preparation, but he may not dissolve it in the usual manner, with a vessel. It is stated that amora’im from Eretz Yisrael also disputed this issue, as Rabbi Elazar said: Both this and that, dissolving by hand and with a vessel, are prohibited; while Rabbi Yoḥanan said: Both this and that are permitted. Abaye and Rava both said: The halakha is not in accordance with the lenient opinion of Rabbi Yoḥanan. Subsequently, Rabbi Yoḥanan stood and adopted the opinion of Rabbi Elazar and prohibited both methods of dissolving. Rabbi Elazar stood and adopted the opinion of Shmuel, who prohibited using a vessel but permitted it by hand. Given these stances, Abaye and Rava both said: The halakha is in accordance with the opinion of Rabbi Yoḥanan, who prohibited both methods. The Gemara relates: Abaye’s mother, actually his foster mother, prepared mustard for him, and he did not eat it. Ze’eira’s wife prepared mustard for Rav Ḥiyya bar Ashi, her husband’s student, and he did not eat it. She said to him: I made this for your rabbi and he ate it, and you do not eat it? Rava bar Shabba said: I was standing before Ravina, and they stirred mustard for him with the inner part of the garlic, and he ate it. Mar Zutra said: The halakha is not in accordance with any of these statements. Rather, it is in accordance with this one, as it was stated: Mustard that one kneaded on Shabbat eve, on the following day he may dissolve it either by hand or with a vessel, and he may place honey in it. And when he dissolves it he may not beat it forcefully as would a craftsman, but he may mix it gently. Cress that one ground on Shabbat eve, on the following day he may place oil and vinegar in it, and add amita into the mixture, and he may not beat it, but he may mix it. Similarly, garlic that one crushed on Shabbat eve, on the following day, he may place beans and grits in it, and he may not pound, but mix, and he may add amita into the mixture. The Gemara asks: What is amita? The Gemara answers: It is mint. Abaye said: Learn from this that adding mint is beneficial for cress. We also learned in the mishna: One may prepare anumlin on Shabbat. The Sages taught in a baraita: One may prepare anumlin on Shabbat. However, one may not prepare aluntit. The baraita explains: And what is anumlin and what is aluntit? Anumlin is a drink, which is a mixture of wine, honey, and pepper. Aluntit is a mixture of aged wine and clear water and balsam, which they prepare for use after bathing in a bathhouse to cool down from the heat of the bathhouse. It is prohibited to prepare it on Shabbat because it is a form of remedy. Rav Yosef said: On one occasion, I followed Mar Ukva into a bathhouse. When I exited, he came and gave me one cup of this wine to drink, and I felt its chill from the hairs on my head down to the toenails on my feet. And if he had given me another cup to drink, and if I would have survived it, I would have feared a reduction of my merit in the World-to-Come. The Gemara asks: Didn’t Mar Ukva drink this wine every day? How was he not harmed? The Gemara answers: Mar Ukva was different, as he grew accustomed to it. MISHNA: One may not soak asafoetida in lukewarm water to prepare a medicinal drink from it; however, one may place it into vinegar like a standard spice. And one may not soak vetches in water in order to separate them from their chaff, nor rub them by hand so as to remove their chaff. However, one may place them into a sieve or into a basket, and if the chaff gets removed, so be it. One may not sift straw in a sieve, and similarly, one may not place it on a high place so that that the chaff blows away in the wind; however, one may take the straw in a sieve and place it into the trough of an animal, and one need not be concerned if the chaff is removed in the process. GEMARA: A dilemma was raised before the Sages: If one unwittingly soaked asafoetida on Shabbat, what is the halakha? Rav Adda from the city of Naresh interpreted it before Rav Yosef: If one soaked it, he is liable to bring a sin-offering. Abaye said to him: But if that is so, if one soaked a piece of meat in water, would you also say that he is liable? No cooking was performed at all. Rather, Abaye said: It is prohibited by rabbinic decree, so that one will not conduct himself on Shabbat in the manner in which he conducts himself during the week. Rabbi Yoḥanan raised a dilemma before Rabbi Yannai: What is the halakha with regard to soaking asafoetida in cold water on Shabbat? Rabbi Yannai said to him: It is prohibited. Rabbi Yoḥanan asked: Didn’t we learn in the mishna: One may not soak asafoetida in lukewarm water, indicating that it is permitted to soak it in cold water? Rabbi Yannai said to him: If so, that is the difference between my knowledge and yours, as I am able to analyze the halakha more profoundly. In this case, the mishna is not a reliable source, as the mishna expresses an individual opinion. As it was taught in the Tosefta: One may neither soak asafoetida in hot water nor in cold water. Rabbi Yosei says: In hot water it is prohibited; in cold water it is permitted. The mishna that does not prohibit cold water is in accordance with the individual opinion of Rabbi Yosei, but the halakha is not ruled based on that opinion. The Gemara asks: For what purpose is soaked asafoetida prepared? The Gemara answers: As a cure for heaviness of the heart. One who feels a pain in his heart drinks asafoetida. The Gemara relates: Rav Aḥa bar Yosef felt heaviness in his heart. He came before Mar Ukva to ask his advice. Mar Ukva said to him: Go drink the weight of three shekels of asafoetida in three days. He went and drank on Thursday and Shabbat eve. In the morning, he went and asked in the study hall if he could drink it on Shabbat. They said to him: The Sage from the school of Rav Adda taught, and others say, that the Sage from the school of Mar bar Rav Adda taught: A person may drink asafoetida on Shabbat, even a kav or two kav, and he need not be concerned about the decree prohibiting medicine, because asafoetida is drunk by healthy people as well. Rav Aḥa bar Yosef said to them: With regard to drinking, I have no dilemma. When I raised a dilemma, it is with regard to soaking asafoetida; what is the halakha? Rav Ḥiyya bar Avin said to them: There was an incident that happened with me, and I came and asked that question to Rav Adda bar Ahava, and he did not have an answer for it. I came and asked Rav Huna, and he said that this is what Rav is saying: One may soak asafoetida in cold water and place it in the sun to warm it so it will be fit to drink. The Gemara asks: Was Rav’s ruling according to the opinion of the one who permitted soaking asafoetida in cold water? The Gemara answers: His ruling could be even according to the opinion of the one who prohibited doing so; this prohibition applies only when he had not drunk asafoetida at all; however, here, since he drank it on Thursday and on Shabbat eve, if he does not drink on Shabbat he would thereby be endangered. Therefore, he is permitted even to soak the asafoetida. The Gemara relates another incident involving Rav Aḥa bar Yosef: Rav Aḥa bar Yosef was walking and leaning on the shoulder of Rav Naḥman bar Yitzḥak, his sister’s son. Rav Aḥa said to him: When we arrive at Rav Safra’s house, bring me in. When they arrived, Rav Naḥman brought him in. Rav Aḥa then raised a dilemma before Rav Safra: What is the halakha pertaining to rubbing and thereby softening a linen shirt that is hard after being laundered on Shabbat? Does one intend to soften the shirt, and one may well do so? Or perhaps he intends to generate whiteness in the shirt, and it is prohibited? Rav Safra said to him: He intends to soften, and one may well do so. When Rav Aḥa emerged and came from Rav Safra’s house, Rav Naḥman said to him: What dilemma did the Master raise before Rav Safra? Rav Aḥa said to him: I raised the following dilemma before him: What is the halakha pertaining to rubbing and thereby softening a linen shirt on Shabbat, and he said to me: One may well do so. Rav Naḥman bar Yitzḥak asked: And let the Master raise the same dilemma with regard to rubbing a scarf. He replied: I did not raise the dilemma with regard to a scarf, as I raised it before Rav Huna. And he resolved it for me and said that it is permitted (Rif). Rav Naḥman asked him: And let the Master resolve the dilemma with regard to a shirt from Rav Huna’s ruling with regard to a scarf. Rav Aḥa said to him: There is a difference between the cases: There, in the case of a shirt, it appears that one is generating whiteness, whereas here, in the case of a scarf, it does not appear that one is generating whiteness, as people are not so particular with the whiteness of a scarf, and one’s intention is undoubtedly to soften it. Rav Ḥisda said: With regard to this linen shirt,
שו"ת תרומת הדשן סימן נג:
והטעם משום דקיי"ל כרבי גבי רבי יוסי ברבי יודא דסבר נתינת מים או שאר משקין זהו גיבולן ולכן כי יהיב משקה מבעוד יום כבר מוגבל הוא בחול ומאי דערביתו בשבת אין קפידא רק שלא יטרוף אבל אי יהיב משקה בשבת אנתינת משקה הוא דמחייב ולא מהני מידי אי ממחו אח"כ דרך שינוי.
ייתכן שיש כאן חידוש – עיין שבת שם ברש"י ד"ה 'ולא יטרוף'.
ייתכן שיש שתי פעולות אסורות, הנתינה והטריפה. עיין שלטי הגיבורים שבת נח ע"א (מדפי הרי"ף) אות ב. מובאות שם שתי סברות לאיסור טריפה – הסבר אותן על פי הכיוונים דלעיל, והסבר את ההתלבטות לגבי ניעור קערה עם בלילה מגובלת מערב שבת על פי הכיוונים דלעיל.
[שלטי הגבורים מסכת שבת נח ע"א מדפי הרי"ף:
עושין יינומלין בשבת והוא דבש יין ופלפלין, ומז"ה מתיר אפילו לסננן במסננת, ולי נראה שלא הותר אלא לערבן לאוכלן כמות שהן. ושמא כך היה מנהגם, אבל לטרוף אותן יפה ולסננן כמו שעושין היום [לא], שזה טורח יתר הוא ואומנות גדולה ותקון גדול הוא והרי נאסר לטרוף אפילו בחרדל הנילוש כבר, כמבואר בקונטרס הראיות.]
אופה ומבשל
והלש והאופה. אמר רב פפא: שבק תנא דידן בישול סממנין דהוה במשכן, ונקט אופה! תנא דידן - סידורא דפת נקט. אמר רב אחא בר רב עוירא: האי מאן דשדא סיכתא לאתונא - חייב משום מבשל. פשיטא! מהו דתימא - לשרורי מנא קא מיכוין, קא משמע לן: דמירפא רפי, והדר קמיט. אמר רבה בר רב הונא: האי מאן דארתח כופרא - חייב משום מבשל. פשיטא! מהו דתימא: כיון דהדר ואיקושא - אימא לא, קא משמע לן.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
אגלי טל, אופה, א, ו–ז:
אך בירורן של דברים... והיינו דאף שהמעשה מחולק קצת מ"מ הכוונה אחת והתינח בשבת דמלאכת שבת אסרה תורה אזלינן בתר כוונה משא"כ בשביעית... עיי"ש. ולפי"ז ה"נ צולה ומטגן מאחר דלהכשירו לאכילה מתכוין כמו מבשל ע"כ הוויין אב מלאכה... ולפי"ז היינו טעמא דאופה... שכוונתו ג"כ להכשירו לאכילה... אלא דמ"מ יותר הו"ל להתנא לחשוב מבשל דהוה ממש במשכן.
יש כאן התלבטות האם מבשל הוא דווקא או גם כל דרך לתקן לאכילה. איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
ר"ן על הרי"ף שבת כב ע"א ד"ה 'והרב ר' יונה':
והרב ר' יונה ז"ל כתב בלשון הזה ומכשלה גדולה תחת יד קצת העם שטומנין קומקום של מים חמין ליתן לתוך הקדרה בשבת כשהתבשיל מצטמק ופעמים שהאחד אין יד סולדת בו והאחר יד סולדת בו ומתבשל זה בזה ונמצאו מבשלין בשבת ואפילו אם שניהם יד סולדת בהם איכא מאן דאמר בירושלמי עירוי אינה ככלי ראשון וכשמערין המים לאלתר שיצאו מן הכלי אף על פי שהן רותחין פסק כח רתיחתן מלבשל כדין כלי שני שאינו מבשל ומתבשלין בתוך כלי ראשון ומים מבושלין אם פסקה רתיחתן יש בהן משום בישול אלו דבריו ז"ל ולא ידעתי מנין לו שהרי כל שבא בחמין מלפני השבת שורין אותו בחמין בשבת אף על פי שהוא צונן גמור ולא ידעתי הפרש בין מים מבושלין למבושל אחר וצריך עיון ובדיקה.
ונראה ליישב שיטת רבינו יונה דחלוק באמת דין תבשיל מדין חמין דבחמין האיסור הוא משום חימום המים ולכן שיעורו ביד סולדת דעניין הבישול בחמין הוא חימום המים ולכן אף שכבר נתחממו אם חזרו ונצטננו שייך בהו שוב חימום ואפי' אי סברינן דאין בישול אחר בישול היינו דוקא בתבשיל דגדר איסור בישולו היינו התקנת האוכל לאכילה ע"י בישול ולכן אם נתבשל כל צרכו תו אין בו משום בישול דהא כבר נתקן.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
שו"ת הרדב"ז א סימן ריג:
ולענין דבר הנאכל כמו שהוא חי אם יש בו משום מבשל בשבת, לענין מלקות אינו לוקה אבל אסור מדרבנן.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
אגלי טל, אופה, מד, א–ד:
העתקתי פירש"י טעמא דבחמה עצמו מותר דאין דרך בישול בכך... וכמו שנחשב שינוי בין תולדת האש לתולדת החמה כמו כן נחשב שינוי בין יש בהפת כח חמה בין יש בה כח האש.
איך אפשר להסביר את סיבת הפטור במבשל בחמה על פי הכיוונים דלעיל?
שהייה והחזרה
מתני'. כירה שהסיקוה בקש ובגבבא - נותנים עליה תבשיל. בגפת ובעצים - לא יתן עד שיגרוף, או עד שיתן את האפר. בית שמאי אומרים, חמין אבל לא תבשיל ובית הלל אומרים, חמין ותבשיל. בית שמאי אומרים, נוטלין אבל לא מחזירין ובית הלל אומרים, אף מחזירין.
גמ'. איבעיא להו: האי לא יתן - לא יחזיר הוא, אבל לשהות - משהין אף על פי שאינו גרוף ואינו קטום, ומני - חנניה היא. דתניא, חנניה אומר: כל שהוא כמאכל בן דרוסאי - מותר לשהותו על גבי כירה, אף על פי שאינו גרוף ואינו קטום; או דילמא: לשהות תנן, ואי גרוף וקטום - אין, אי לא - לא, וכל שכן להחזיר.
What is the practical halakhic difference that emerges from this change of names? It is in the area of women’s bills of divorce. With regard to bills of divorce, special care is devoted to ensuring that the name of the place where the bill is written is not altered. Therefore, it is important to be aware that Babylon underwent a name change in later generations. MISHNA: With regard to a stove that was lit on Shabbat eve with straw or with rakings, scraps collected from the field, one may place a pot of cooked food atop it on Shabbat. The fire in this stove was certainly extinguished while it was still day, as both straw and rakings are materials that burn quickly. However, if the stove was lit with pomace, pulp that remains from sesame seeds, olives, and the like after the oil is squeezed from them, and if it was lit with wood, one may not place a pot atop it on Shabbat until he sweeps the coals from the stove while it is still day or until he places ashes on the coals, so that the fire will not ignite on Shabbat. Beit Shammai say: Even after one has swept away the coals, it is only permitted to place hot water on it, as it is sufficiently hot and does not require additional cooking, but not cooked food. Since, in general, one prefers that food will cook more, there is concern lest he come to ignite the fire by stoking the coals. And Beit Hillel say: Both hot water and cooked food may be placed. Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it. GEMARA: The students raised a dilemma with regard to the explanation of the mishna. That which we learned in the mishna: One may not place, does it mean that one may not return a pot that he took off the fire and wishes to return on Shabbat; however, to leave the pot from Shabbat eve into Shabbat, one may leave it even though this stove is not swept of its coals and its coals are not covered with ashes? And, according to this, whose opinion is it in this mishna? It is the opinion of Ḥananya. As it was taught in a baraita, Ḥananya says: Any food that has already been cooked to the extent of the food of ben Drosai, who would only cook his food the minimum amount necessary, one is permitted to leave it atop a stove on Shabbat even though the stove is not swept and not covered with ashes. Or perhaps, that which we learned in the mishna: One may not place, means one may not leave it on the fire from Shabbat eve. And if the coals in the stove were swept or covered with ashes, yes, one may leave the pot on the stove. And if not, no, one may not leave it, and all the more so one may not return it to the stove on Shabbat under any circumstances. In order to resolve this dilemma, the Gemara suggests: Come and hear a resolution to this from the fact that two sections were taught in our mishna. In the first, Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. And in the second, Beit Shammai say: One may remove it but may not return it. And Beit Hillel say: One may even return it. Granted, if you say that when we learned in the mishna that one may not place it means that it is prohibited to leave it; in that case, the mishna is teaching as follows: With regard to a stove that was lit with straw or with rakings, one may leave cooked food on it. If it was lit with pomace or with wood, one may not leave the cooked food on it until he sweeps the coals out while it is still day or until he places ashes on it. And what may they leave? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: One may leave both hot water and cooked food on it. And just as they disagree with regard to leaving a pot on the stove, so too, they disagree with regard to whether or not it is permitted to return it to the stove. As Beit Shammai say: One may take the pot from the stove on Shabbat but may not return it to the stove at all. And Beit Hillel say: One may even return it. However, if you say that when we learned in the mishna that one may not place, it means that it is prohibited to return it, then the mishna is teaching as follows: A stove that was lit with straw or with rakings, one may return cooked food onto it. If it was lit with pomace or with wood, one may not return cooked food to it until one sweeps the coals out while it is still day or until one places ashes on them. And what may they return? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. Beit Shammai say: One may remove but may not return. And Beit Hillel say: One may even return. If in the first section the question of what may be returned was already addressed, why do I need this additional dispute in the second section? The gist of Beit Shammai’s statement that cooked food may not be returned to the stove is that one may remove but may not return. Apparently, the mishna can only be understood in accordance with the first explanation. The first clause discusses leaving and the latter clause discusses returning.
אבל לא תבשיל – דניחא ליה בישוליה, ואתי לאחתויי, אי נמי, נתקיימה מחשבתו ומיחזי כמבשל.
הגמרא מתלבטת אם מדובר באיסור החזרת תבשיל או באיסור השהיית תבשיל. איך אפשר להסביר את שתי הסברות של רש"י על פי הכיוונים דלעיל?
(רמז: אם המעשה הוא הבעיה בבישול, אזי החשש אינו אלא שמא יחתה בפועל, אבל אין בעיה בתבשיל במצבו הנוכחי. אך אם תוצאת השיפור היא הבעיה, יש בעיה בתבשיל במצב הנוכחי, אלא שלא מתחייב, שאין פעולה לחייבו עליה, כמו שנעשית מלאכתו מערב שבת.)
הטמנה
במה טומנין ובמה אין טומנין? אין טומנין לא בגפת, ולא בזבל, לא במלח, ולא בסיד, ולא בחול, בין לחין בין יבשין. ולא בתבן ולא בזגין ולא במוכין ולא בעשבין בזמן שהן לחין, אבל טומנין בהן כשהן יבשין.
However, doing so is prohibited. And one may not fasten the pieces together forcefully, and if he fastens them, he is liable to bring a sin-offering for performing a labor prohibited by Torah law. Rabban Shimon ben Gamliel says: If it was loose and could be assembled with ease, it is permitted. Rabbi Abba and Rav Huna bar Ḥiyya relied on this opinion. The Gemara relates: In the house of Rav Ḥama, Rava’s grandfather, there was a collapsible bed, similar to a weaver’s loom, and they would reassemble it on a Festival. One of the Sages said to Rava: What is your opinion? Do you hold that this is allowed because it is building in an atypical manner? In other words, one is not performing the prohibited labor of building since it is was not performed in the standard manner? Although there is no Torah prohibition, there is, in any case, a rabbinic prohibition. Rava said to him: I hold in accordance with the opinion of Rabban Shimon ben Gamliel who said that if it were loose, it is permitted even ab initio. MISHNA: One may place a vessel beneath the oil lamp in order to receive burning sparks of oil that fall from the lamp so that they will not cause a fire. And he may not place water into the vessel because he thereby extinguishes the sparks. GEMARA: The Gemara asks: How is it permitted to position this vessel to receive the sparks, doesn’t he thereby negate the vessel’s preparedness? It is no longer prepared for any use on Shabbat as the sparks accord it set-aside status. The opinion that negating the preparedness of a vessel is prohibited has already been stated. Rav Huna, son of Rav Yehoshua, said: Sparks have no substance. They burn immediately and do not leave behind any trace of oil in the vessel. Therefore, the vessel remains suitable to be moved. And we also learned in the mishna that one may not place water into the vessel situated beneath the candle because he thereby extinguishes the sparks. The Gemara remarks: Is that to say that we learned an unattributed mishna in accordance with the opinion of Rabbi Yosei, who said that even an action that causes extinguishing indirectly is prohibited? The extinguishing in this case, where water was placed into a vessel, was not accomplished by means of a direct action. His action only caused it to extinguish indirectly. The Gemara rejects this question in astonishment: And how can you understand it in that manner? Say that Rabbi Yosei said that indirectly causing extinguishing is prohibited on Shabbat; on Shabbat eve did he say this? And if you say that here, too, it is referring to a case where he placed water in the vessel on Shabbat, wasn’t it taught in a baraita: One may place a vessel underneath an oil lamp to receive sparks that fall from the lamp on Shabbat, and, needless to say, placing it there is permitted on Shabbat eve? And one may not put water into the vessel because he will thereby extinguish the spark, even if he placed it there on Shabbat eve, and, needless to say, doing so is prohibited on Shabbat itself. Apparently, the prohibition in the mishna is not at all connected to Rabbi Yosei’s approach. Rather, Rav Ashi said: Even if you say that this mishna is in accordance with the opinion of the Rabbis, it is different here because, in this case, he is not only causing the spark to extinguish. He is hastening its extinguishing, as the sparks are extinguished immediately when they fall into the water (Rabbeinu Ḥananel). In this matter even the Rabbis would prohibit doing so. When a pot is removed from the fire on Shabbat eve it may be insulated in materials that preserve its heat, but not in materials that increase its heat. Raising the temperature of a pot is tantamount to cooking. The mishnayot that follow list those materials in which such a pot may be insulated on Shabbat eve and those materials in which it may not be insulated.

MISHNA: In what may one insulate a pot of cooked food on Shabbat eve, and in what may one not insulate it? One may neither insulate it in the solid residue of produce that has been pressed free of its oil, nor in manure, nor in salt, nor in lime, nor in sand, whether those materials are moist or whether they are dry. All of these materials spontaneously generate heat when piled for an extended period. Therefore, they add heat to a pot insulated in them. And one may neither insulate a pot in straw, nor in the residue of grapes that have been pressed for their juice, nor in soft material, e.g., from tattered clothing, nor in grass, when these materials are moist. However, one may insulate a pot in them when they are dry. GEMARA: A dilemma was raised before the Sages: Did we learn with regard to the residue of olives in the mishna, but the residue of sesame seeds that were pressed for their oil, which produces less heat, may well be used for insulating food on Shabbat eve? Or, perhaps, we learned with regard to the residue of sesame in the mishna, and all the more so insulating food in the residue of olives is prohibited? Come and hear a resolution to this dilemma from what Rabbi Zeira said in the name of one of the Sages of the school of Rabbi Yannai: With regard to a basket in which one insulated food in a permissible manner, e.g., in dry soft material or the like, it is prohibited to place it upon the residue of olives. Conclude from this that we learned with regard to the residue of olives in our mishna; however, insulating food in the residue of sesame is permitted. The Gemara rejects this proof: Actually, I can say to you that with regard to actual insulation, the residue of sesame is also prohibited. However, with regard to
אמר רבא: מפני מה אמרו: אין טומנין בדבר שאינו מוסיף הבל משחשכה - גזרה שמא ירתיח. אמר ליה אביי: אי הכי, בין השמשות נמי ניגזר! אמר ליה: סתם קדירות רותחות הן. ואמר רבא: מפני מה אמרו אין טומנין בדבר המוסיף הבל ואפילו מבעוד יום - גזירה שמא יטמין ברמץ שיש בה גחלת. אמר ליה אביי: ויטמין! גזירה שמא יחתה בגחלים.
and the priests are troubled by being forced to circumvent it, as it is prohibited for them to become ritually impure from contact with a corpse. There was suspicion, but no certainty, that a corpse was buried there. Therefore, they were unable to definitively determine its status. Rabbi Shimon said: Is there a person who knows that there was a presumption of ritual purity here? Is there anyone who remembers a time when this place was not considered ritually impure, or that at least part of it was considered to be ritually pure? An Elder said to him: Here ben Zakkai planted and cut the teruma of lupines. In this marketplace Rabbi Yoḥanan ben Zakkai, who himself was a priest, once planted lupines that were given to him as teruma. On that basis, the conclusion can be drawn that it was definitely ritually pure. Rabbi Shimon, like Jacob, also did so and took steps to improve the city and examined the ground (Tosafot). Everywhere that the ground was hard, he pronounced it ritually pure as there was certainly no corpse there, and every place that the ground was soft, he marked it indicating that perhaps a corpse was buried there. In that way, he purified the marketplace so that even priests could walk through it. A certain Elder said in ridicule and surprise: Ben Yoḥai purified the cemetery. Rabbi Shimon got angry and said to him: Had you not been with us, and even had you been with us and were not counted with us in rendering this ruling, what you say is fine. You could have said that you were unaware of my intention or that you did not agree or participate in this decision. Now that you were with us and were counted with us in rendering this ruling, you will cause people to say that Sages are unwilling to cooperate with one another. They will say: If competing prostitutes still apply makeup to each other to help one another look beautiful, all the more so that Torah scholars should cooperate with each other. He directed his eyes toward him and the Elder died. Rabbi Shimon went out to the marketplace and he saw Yehuda, son of converts, who was the cause of this entire incident. Rabbi Shimon, said: This one still has a place in the world? He directed his eyes toward him and turned him into a pile of bones. MISHNA: There are three things a person must say in his home on Shabbat eve at nightfall and not before. The mishna elaborates: He should ask the members of his household, have you tithed the crop that required tithing? Have you placed the eiruv for joining the courtyards and joining the Shabbat borders? If you have done so, light the lamp in honor of Shabbat. The Sages stated a principle: If the time arrives on Friday when there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, one may not tithe the crop that has definitely not been tithed, and one may not immerse ritually impure vessels in a ritual bath to render them ritually pure, and one may not light the Shabbat lights. However, one may tithe demai, doubtfully tithed produce, which must be tithed due to mere suspicion. And one may place an eiruv and insulate the hot water to be used on Shabbat. GEMARA: The Gemara attempts to clarify: From where are these matters, that one must ask these questions in his home at nightfall of Shabbat, derived? Rabbi Yehoshua ben Levi said: As the verse said: “And you shall know that your tent is in peace; and you shall visit your habitation, and shall not sin” (Job 5:24). From here it is derived that one should visit his habitation, i.e., ask in his home, so that he will not come to sin. Rabba bar Rav Huna said: Although the Sages said that there are three things a person should, indeed he is required to, say in his home on Shabbat eve at nightfall, one must say them calmly so that the members of his household will accept them from him. If he says them harshly, his family members may mislead him and cause him to sin. Rav Ashi said: I did not hear this halakha of Rabba bar Rav Huna, but I fulfilled it based on my own reasoning. The Gemara asks: This mishna itself is difficult, as it contains an internal contradiction. On the one hand, you stated initially that there are three things a person must say in his home before Shabbat at nightfall, and this means: At nightfall, i.e., before nightfall, yes, he should say those things; when there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, no, he should not say them. Even if one were to ask then, it is no longer permitted to correct these matters. And then it taught: When there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, one may place an eiruv. One may correct the situation even then. Why did the mishna restrict asking these questions to an earlier time? Incidentally, prior to answering this question, the Gemara lists all of the other halakhot in tractate Shabbat stated by the Sage who answers the question, with the mnemonic: Self, pruning, bird, cord, silk. Rabbi Abba said that Rabbi Ḥiyya bar Ashi said that Rav said: This is not difficult and there is no contradiction here. Here, at the beginning of the mishna, where it indicates that the eiruv can only be placed while it is still day, it is referring to the joining of Shabbat boundaries, which is based on a Torah law. Therefore, one must place this eiruv while it is definitely day. And here, where the mishna said that it is permitted even when it is uncertain whether or not it is already nighttime, it is referring to the joining of courtyards, which is more lenient and based merely on a stringency. In connection to this, the Gemara cites the halakha that Rava said in order to emphasize the rabbinic aspect of the halakhot of eiruv: One to whom two people said: Go and place an eiruv, a joining of courtyards (Rabbeinu Ḥananel), for us. For one of them he placed an eiruv while it was still day, and for one he placed an eiruv at twilight, when it is uncertain whether it is day or night. The one for whom he placed an eiruv while it was still day had his eiruv eaten during twilight, and the one for whom he placed an eiruv during twilight had his eiruv eaten after nightfall. The principle is as follows: Whether or not an eiruv takes effect is determined at the moment that Shabbat begins. If one placed the eiruv beforehand, and it remains intact at the moment Shabbat begins, the eiruv is in effect. However, if the eiruv that was placed at the appropriate time was eaten during twilight, it is problematic. Twilight is a period of uncertainty. There is uncertainty whether it is day, and consequently the eiruv was not in place at the moment that Shabbat began, or whether it is night, and it was in place. In the latter case, there is still uncertainty as to whether or not the eiruv was in place prior to Shabbat, so that it could take effect at all. In that case, Rava ruled that both of them acquired the eiruv. The Gemara is surprised by this: Whichever way you look at it, this ruling is difficult. If the twilight period is considered day, let the latter one acquire his eiruv, but let the first one not acquire his because his eiruv was eaten while it was still day. And if the twilight period is night, let the first one acquire his eiruv, but let the latter one not acquire his eiruv because his was not placed before Shabbat. In any event, it is impossible for the eiruv in both of these cases to be valid. The Gemara answers this according to Rava’s position: The status of twilight is uncertain, as it is unknown whether it is day, or night, or both, and uncertainty in the case of a rabbinic ordinance is ruled leniently. Therefore, in both cases the eiruv is acquired. And Rava said: Why did they say that one may not insulate hot water even in something that does not add heat, but only retains the pre-existing heat, from nightfall on Friday? It is a decree lest one come to boil the pot on Shabbat. Abaye said to him: If so, if it is due to concern that one may boil it, then during twilight we should also issue a decree and prohibit insulating in something that does not add heat. Rava said to him: During twilight, there is no reason to be concerned because at that time most pots are boiling, as they have just been taken off of the fire. Later at night the pots cool down and it is conceivable that one may come to boil them in order to restore the heat. And Rava said: Why did the Sages say that one may not insulate hot water for Shabbat in something that adds heat, even while it is still day? It is a decree lest one come to cover it in hot ashes that contain a glowing ember. People may not differentiate between addition of heat by means of hot ashes and other additions of heat. Abaye said to him: Let him insulate it with hot ashes, what is the problem? Rava answered him: It is a decree lest one come to stoke the coals in order to make them burn on Shabbat and thereby violate a Torah prohibition. The Sages taught a baraita which discusses the range of problems that arise with regard to the twilight period. Twilight is a period of uncertainty. It is uncertain whether it consists of both day and night, it is uncertain whether it is completely day, and it is uncertain whether it is completely night. Therefore, the Sages impose the stringencies of both days upon it. If there is a stringency that applies on either of the days, one is obligated to adhere to it during the twilight period. Nevertheless, the definition of twilight is uncertain. And what is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. If the upper segment has lost its color, and its color equals that of the lower one, it is night; this is the statement of Rabbi Yehuda. Rabbi Neḥemya says: The duration of the twilight period is the time it takes for a person to walk half a mil after the sun sets. Rabbi Yosei says: Twilight does not last for a quantifiable period of time; rather, it is like the blink of an eye: This, night, enters and that, day, leaves, and it is impossible to calculate it due to its brevity. It was taught in the baraita that the Master said: The Sages impose the stringencies of both days upon twilight. The Gemara asks: With regard to what halakha was this stated? Rav Huna, son of Rav Yehoshua, said: With regard to the matter of ritual impurity, as we learned in a mishna: With regard to a zav who saw an emission for two consecutive days during twilight, it is unclear whether it should be considered as if he only saw the emission for a single day, as perhaps twilight of the first day was part of the following day, and twilight of the second day was part of the previous day; or, whether it should be considered as two days, attributing each twilight to either the previous or the following day; or, whether it should be considered three days, as it is possible to view the twilight period as two days. By Torah law, a zav who saw two emissions is ritually impure, and all of the stringencies of a zav apply to him. If he sees a third emission, he is liable to bring an offering as part of his purification ritual. Therefore, this zav, with regard to whom there is uncertainty whether he saw emissions for one day, two days, or three days, has uncertain status with regard to both ritual impurity and to sacrifice. If he saw an emission one day during twilight, he has uncertain status with regard to ritual impurity because it may be considered two days. The Gemara comments on the baraita cited by the Gemara. This baraita is itself difficult, self-contradictory. Initially you said, what is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. By inference, if the bottom segment lost its color, and the upper one has not lost its color, it is night. And then the baraita taught: If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. There is an apparent internal contradiction in the baraita. Rabba said that Rav Yehuda said that Shmuel said: In order to resolve the contradiction, unify the two statements and teach it as follows: What is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. If the lower segment of the sky has lost its color and the upper segment has not yet lost its color, that is also the twilight period. Only if the upper segment lost its color, and it equals that of the lower one, is it night. And Rav Yosef said that Rav Yehuda said that Shmuel said otherwise: From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun, it is day. If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. If the upper segment lost its color and it equals that of the lower one, it is night. And the Gemara remarks: In this dispute over the precise definition of twilight both Rabba and Rav Yosef follow their line of reasoning stated elsewhere. As it was stated: What is the measure of the duration of twilight? Rabba said that Rav Yehuda said that Shmuel said: The time it takes to walk three parts of a mil. The Gemara asks: What is the meaning of three parts of a mil? If you say that it refers to three halves of a mil, let him say a mil and a half. Rather, if you say that it means three-thirds of a mil, let him simply say one mil. Rather, it means three-quarters of a mil. And Rav Yosef said that Rav Yehuda said that Shmuel said: The duration of twilight is two parts of a mil. Again the Gemara asks: What is the meaning of two parts of a mil? If you say that it means two halves of a mil, let him simply say one mil. Rather, if you say that it means two-quarters of a mil, let him say instead: Half of a mil. Rather, it means two-thirds of a mil. The Gemara explains: What is the practical difference between them? The practical difference between them is half of one-sixth [danka], i.e., one-twelfth of a mil. Their disputes are consistent, as the duration of twilight according to Rav Yosef is shorter than its duration according to Rabba. The Gemara comments: And with regard to the legal status of a wicker vessel their dispute is the opposite. In that case, the size of the vessel permitted by Rav Yosef is larger than the size of the vessel permitted by Rabba. As Rabba said with regard to a wicker vessel with a capacity of two kor, one is permitted to move it on Shabbat. And one with a capacity of three kor, one is prohibited to move it on Shabbat. It is much larger than the dimensions of a vessel and one is only permitted to move vessels on Shabbat. And Rav Yosef said: A vessel with a capacity of three kor, one is also permitted to move it, and only one with a capacity of four kor, it is prohibited to move. Abaye said: I raised the dilemma before my Master, Rabba, when it was practical, when I actually needed to know what to do, and he did not permit me to move even a vessel with a capacity of two kor. The Gemara explains: In accordance with whose opinion did Rabba issue his practical halakhic ruling? In accordance with the opinion of this tanna that we learned in the mishna discussing the laws of ritual purity: A round straw barrel, and a round barrel made of reeds, and the cistern of an Alexandrian ship, which is a large vessel placed on a boat and filled with potable water, although these vessels have bottoms, i.e., they are receptacles, since they have a capacity of forty se’a of liquid, which is the equivalent of two kor of dry goods, they are ritually pure. Even if they come into contact with a source of ritual impurity, they do not become impure. Beyond a certain size, containers are no longer considered vessels and, consequently, cannot become ritually impure. Rabba held: Since with regard to the halakhot of ritual impurity a vessel of two kor is not considered a vessel, it may not be moved on Shabbat. With regard to this mishna, Abaye said: Learn from it that the surplus of dry goods in a vessel relative to liquids is one-third of the contents of the vessel. It says in the mishna that a vessel that can hold forty se’a of liquid holds two kor of dry produce, which is the equivalent of sixty se’a. The Gemara relates: Abaye saw that Rava was gazing westward on Shabbat eve to determine whether or not the sky was red and whether or not it was twilight. Abaye said to Rava: Wasn’t it taught in a baraita that twilight is from when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun? Why, then, are you looking westward? Rava said to him: Do you hold that the reference is actually to the eastern face of the sky? No, it is referring to the face of the sky that causes the east to redden, i.e., the west. Some say a different version of that incident. Rava saw that Abaye was gazing eastward. He said to him, do you hold that the reference is to the actual eastern face of the sky? The reference is to the face of the sky that causes the east to redden, i.e., the west. And your mnemonic is a window, as it is on the wall opposite the window that one can see how much sunlight is shining through. With regard to that which was taught in the baraita that Rabbi Neḥemya says: The duration of twilight is the time it takes for a person to walk half a mil after the sun sets. Rabbi Ḥanina said: One who wants to know the precise measure of Rabbi Neḥemya’s twilight should do the following: Leave the sun at the top of Mount Carmel, as when one is standing on the seashore he can still see the top of Mount Carmel in sunlight, and descend and immerse himself in the sea, and emerge, and that is Rabbi Neḥemya’s measure of the duration of twilight. Because of its similarity to Rabbi Ḥanina’s statement, the Gemara cites that which Rabbi Ḥiyya said: One who wants to see Miriam’s well, which accompanied the Jewish people throughout their sojourn in the desert, should do the following: He should climb to the top of Mount Carmel and look out, and he will see a rock that looks like a sieve in the sea, and that is Miriam’s well. Rav said: A spring that is portable, i.e., that moves from place to place, is ritually pure and is regarded as an actual spring and not as drawn water. And what is a movable spring? It is Miriam’s well. Rav Yehuda said that Shmuel said: During Rabbi Yehuda’s twilight, ritually impure priests who want to immerse themselves during the day to become ritually pure, so that sunset will follow immersion and they will be permitted to eat teruma, can still immerse themselves during that period. According to this opinion, twilight is still considered to be day. The Gemara asks: In accordance with whose opinion is that true? If you say that it is in accordance with Rabbi Yehuda’s own opinion, his opinion cited above is that twilight is a period of uncertainty. Therefore, one who immerses at that time may not eat teruma until after the sunset of the following day. Rather, the reference is to twilight of Rabbi Yehuda, in accordance with the opinion of Rabbi Yosei. Priests can immerse then, as Rabbi Yosei considers that time to still be day, and sunset will follow. The Gemara asks: It is obvious that according to Rabbi Yosei they are immersing themselves during the day. The Gemara answers: Lest you say that the twilight of Rabbi Yosei is subsumed within and takes place at the end of the twilight of Rabbi Yehuda. When the twilight of Rabbi Yehuda ends, Rabbi Yosei’s twilight is also over. It is already night, sunset of that day has already passed, and there is no sunset to enable them to eat teruma. Therefore, he teaches us that Rabbi Yehuda’s twilight ends, and only thereafter does Rabbi Yosei’s twilight begin. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda with regard to the matter of Shabbat, and the halakha is in accordance with the opinion of Rabbi Yosei with regard to the matter of teruma. The Gemara asks: Granted, concerning the statement that the halakha is in accordance with the opinion of Rabbi Yehuda with regard to the matter of Shabbat, as like all other cases of uncertainty, the ruling is stringent with regard to Torah prohibitions. However, with regard to teruma, what is the case under discussion? If you say that it is referring to the matter of immersion, immersion is also a case of uncertainty with regard to a Torah law. Why would the ruling be more lenient in that case than in the case of Shabbat? Rather, it must be that the reference is with regard to eating teruma. Priests may not eat teruma until twilight is completed, which according to Rabbi Yosei’s opinion is slightly later than it is according to Rabbi Yehuda’s opinion. With regard to the period of twilight, Rav Yehuda said that Shmuel said: When one can see one star in the evening sky, it is still day; two stars, twilight; three stars, night. That was also taught in a baraita: When one can see one star in the evening sky, it is still day; two stars, twilight; three stars, night. Rabbi Yosei said: This is neither referring to large stars that are visible even during the day, nor to small stars that are visible only late at night. Rather, it is referring to medium-sized stars. Rabbi Yosei, son of Rabbi Zevida, said: One who performs a prohibited labor during two twilights, one between Friday and Shabbat and one between Shabbat and the conclusion of Shabbat on Saturday night, is liable to bring a sin-offering for performing a prohibited labor on Shabbat whichever way you look at it. Whether we say that twilight is day or night, certainly one of those labors was performed on Shabbat. Rava said to his servant: You, who are not expert in the measures of the Sages, when the sun is at the top of the palm trees, light the Shabbat lights. His servant asked him: What should we do on a cloudy day, when the sun is not visible at the top of the trees? Rava said to him: In the city, watch the roosters because as evening approaches they sit on their beams. In a field, watch the ravens because they return to their nests as evening approaches. Alternatively, you can watch the plants [adanei] that turn westward in the evening. When they begin to turn westward evening is approaching. The Sages taught in a baraita: They sound six blasts on Shabbat eve to announce that Shabbat is approaching. The Gemara details what each blast signifies. The first blast is in order to stop the people from work in the fields. The second blast is to stop those who are working in the city, and to inform the proprietors to close the stores. The third is to inform them to light the Shabbat light; that is the statement of Rabbi Natan. Rabbi Yehuda HaNasi says: The third blast is to inform those who don phylacteries throughout the day to remove their phylacteries, as one does not don phylacteries on Shabbat. And he pauses after the third blast for the length of time it takes to fry a small fish or to stick bread to the sides of the oven. One who forgot to do so and needs those foods for Shabbat may do so then. And he sounds a tekia, and sounds a terua, and sounds a tekia, and he accepts Shabbat. It is then that Shabbat begins in every sense. Rabban Shimon ben Gamliel said: What shall we do to the Babylonian Jews? They stray from the custom, as they sound a tekia and a terua, and they accept Shabbat during the terua, i.e., upon hearing the blast of the terua. The Gemara asks about this: Do the Babylonians really sound only a tekia and a terua and no more blasts? If so, there are only five blasts and not six, as it was taught in the baraita. Rather, the correct version is: They sound a tekia, and they again sound a tekia, and then they sound a terua, and they accept Shabbat during the terua. They do so because they continue the custom of their fathers that was handed down to them. Rav Yehuda taught to Rav Yitzḥak, his son: The second blast that is sounded before Shabbat is to inform people to light the light. The Gemara asks: In accordance with whose opinion did he say this? It is neither in accordance with the opinion of Rabbi Natan nor in accordance with the opinion of Rabbi Yehuda HaNasi. Rather, certainly he told him that the third blast is in order to inform people to light the light, and in accordance with whose opinion did he say this? It is in accordance with the opinion of Rabbi Natan. On a similar note, the school of Rabbi Yishmael taught in greater detail: Six blasts are sounded on Shabbat eve. When one begins sounding the first tekia, the people standing and working in the fields refrained from hoeing, and from plowing and from performing all labor in the fields. And those workers who work close to the city are not permitted to enter the city until those who work farther away come, so that they will all enter together. Otherwise, people would suspect that the workers who came later continued to work after the blast. And still, at this time, the stores in the city are open and the shutters of the stores, upon which the storekeepers would arrange their merchandise in front of the stores, remain in place. When he began sounding the second blast, the shutters were removed from where they were placed and the stores were locked and in the homes, however, hot water was still cooking on the stove and pots remained in place on the stove. When he began sounding the third blast, the one charged with removing food from the stove removed it, and the one charged with insulating hot water for Shabbat so that it would not cool off insulated it, and the one charged with kindling the Shabbat lights lit. And the one sounding the shofar pauses for the amount of time it takes to fry a small fish or to stick bread to the sides of the oven, and he sounds a tekia, and sounds a terua, and sounds a tekia, and accepts Shabbat. Rabbi Yosei bar Ḥanina, said: I heard that a person who was pressed for time and comes to light Shabbat lights after six blasts may light without concern, as even the moment of the sixth blast is not yet Shabbat. Proof for this is that the Sages provided the sexton of the synagogue a period of time to take his shofar, which he used to sound the blasts on a tall roof in the middle of the city, to his house. Clearly, during that interval it is not yet Shabbat. He said to him: If so, then you have rendered your statement subject to circumstances, and it would not apply uniformly to all. Shabbat would start at a different time in each place based on the distance between the site where the shofar is sounded and the home of the sexton. Rather, Shabbat began immediately after the final blast with no pause in between. The sexton had a concealed place on top of his roof, where he would sound the shofar, in which he would place his shofar because the consensus is that one may move neither the shofar nor the trumpets on Shabbat. The Gemara asks with regard to this last halakha: Wasn’t it taught in a baraita that the shofar may be moved on Shabbat, and the trumpets may not be moved? Rav Yosei said: This is not difficult, as one could say that here, where moving a shofar was permitted, it is referring to a shofar belonging to an individual. Because it has a use even on Shabbat, it may be moved. There, where moving a shofar was prohibited, it is referring to a shofar that belongs to a community. Because it has no use on Shabbat, it is, therefore, considered set-aside [muktze]. Abaye said to him: And in the case of an individual, for what permitted action is a shofar fit to be used on Shabbat? It is fit for use since it is suitable to give water with it to a child. Because the mouth of a shofar is bent, one can pour a little water at a time. If so, a shofar belonging to the community is also suitable to feed water to a poor infant whose sustenance is provided by the community. And furthermore, that halakha which was taught in a baraita: Just as one may move the shofar, so too one may move the trumpets, is contrary to that which was taught previously that there is a difference between moving the shofar and moving the trumpet. In accordance with whose opinion is that baraita? Rather, this is not difficult, as it can be explained that these three baraitot correspond to the three opinions with regard to these halakhot. This baraita, which permits moving the shofar but not the trumpet, is in accordance with the opinion of Rabbi Yehuda, who holds that the laws of set-aside apply to these items on Shabbat and one may not move a utensil whose only function is prohibited. Since a trumpet has no permitted use on Shabbat, it may not be moved. On the other hand, one is permitted to move a shofar, which can be used to feed a child. And that baraita, which permits moving both a shofar and a trumpet, is in accordance with the opinion of Rabbi Shimon, who holds that the halakhot of set-aside do not apply to utensils of this kind on Shabbat. Whereas this other baraita, which prohibits moving both a shofar and a trumpet, is in accordance with the opinion of Rabbi Neḥemya, who holds that one may not use a utensil whose primary function is prohibited on Shabbat, even for a permissible purpose. However, this explanation raises a slight difficulty with regard to the statement that one may move neither a shofar nor a trumpet. There was no need to mention the trumpet. If one may not move a shofar, certainly he may not move a trumpet. However, it can be explained as follows: What is the shofar mentioned in this baraita? It refers to trumpets, in accordance with the statement of Rav Ḥisda, as Rav Ḥisda said: These three objects, their names changed since the Holy Temple was destroyed. That which was called trumpet was called shofar in later generations, and that which was called shofar was called trumpet in later generations. The baraita that was cited employed the style that switches trumpet and shofar, and they were mentioned in that order. Incidentally, the Gemara asks: What is the practical halakhic difference whether a shofar is called shofar or trumpet? The Gemara answers: It is significant with regard to the halakhot of shofar of Rosh HaShana. On Rosh HaShana one fulfills his obligation only by sounding a shofar. If one comes today and asks what instrument he should use to sound the requisite blasts, he should be told to use a trumpet. The second object whose name was changed: That which was called willow [arava] was called in later generations tzaftzafa, and that which was called tzaftzafa was called willow. Here too the Gemara asks: What is the practical halakhic difference that emerges from the name change? The Gemara answers: With regard to the mitzva of the four species, referred to by the name of one of the species, as taking the palm branch, as one of the four species is a willow branch, not a tzaftzafa. The third item whose name was changed: That which was called petora, originally meaning a large table, was called in later generations petorata, and that which was called petorata, orginally meaning a small table, was called petora in later generations. The Gemara asks: What is the practical halakhic difference that emerges from the change of name? The Gemara answers: With regard to the laws of buying and selling. A person who orders a petora should know that he ordered a small table and not a large one. Abaye said: We too shall speak and comment on changes in the meaning of terms in our generation. What was called huvlila, the first stomach of animals that chew their cud, is, in recent generations, called bei kasei, the name of the animal’s second stomach. Similarly, what was once called in the past bei kasei is called huvlila in recent generations. What is the practical halakhic difference that emerges from this change of names? With regard to a needle that is found in the thick wall of the second stomach. In the halakhot of tereifot, one is prohibited to eat animals with a life expectancy of less than a year. It was established that if a needle punctured the wall of the second stomach from only one side, the animal is kosher. If the needle penetrated through the wall in a manner visible from both sides, the animal assumes the halakhic status of a tereifa. In the first stomach, even if the needle penetrated only one side of the wall, the animal assumes the halakhic status of a tereifa. Therefore, it is crucial to distinguish between the first and the second stomachs. Rav Ashi said: We too shall speak of matters whose name changed over the generations. The city that, in biblical times, was called Babylon was called Bursif in later generations, and Bursif was called Babylon in later generations. What is the practical halakhic difference that emerges from this change of names? It is in the area of women’s bills of divorce. With regard to bills of divorce, special care is devoted to ensuring that the name of the place where the bill is written is not altered. Therefore, it is important to be aware that Babylon underwent a name change in later generations. MISHNA: With regard to a stove that was lit on Shabbat eve with straw or with rakings, scraps collected from the field, one may place a pot of cooked food atop it on Shabbat. The fire in this stove was certainly extinguished while it was still day, as both straw and rakings are materials that burn quickly. However, if the stove was lit with pomace, pulp that remains from sesame seeds, olives, and the like after the oil is squeezed from them, and if it was lit with wood, one may not place a pot atop it on Shabbat until he sweeps the coals from the stove while it is still day or until he places ashes on the coals, so that the fire will not ignite on Shabbat. Beit Shammai say: Even after one has swept away the coals, it is only permitted to place hot water on it, as it is sufficiently hot and does not require additional cooking, but not cooked food. Since, in general, one prefers that food will cook more, there is concern lest he come to ignite the fire by stoking the coals. And Beit Hillel say: Both hot water and cooked food may be placed. Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it. GEMARA: The students raised a dilemma with regard to the explanation of the mishna. That which we learned in the mishna: One may not place, does it mean that one may not return a pot that he took off the fire and wishes to return on Shabbat; however, to leave the pot from Shabbat eve into Shabbat, one may leave it even though this stove is not swept of its coals and its coals are not covered with ashes? And, according to this, whose opinion is it in this mishna? It is the opinion of Ḥananya. As it was taught in a baraita, Ḥananya says: Any food that has already been cooked to the extent of the food of ben Drosai, who would only cook his food the minimum amount necessary, one is permitted to leave it atop a stove on Shabbat even though the stove is not swept and not covered with ashes. Or perhaps, that which we learned in the mishna: One may not place, means one may not leave it on the fire from Shabbat eve. And if the coals in the stove were swept or covered with ashes, yes, one may leave the pot on the stove. And if not, no, one may not leave it, and all the more so one may not return it to the stove on Shabbat under any circumstances. In order to resolve this dilemma, the Gemara suggests: Come and hear a resolution to this from the fact that two sections were taught in our mishna. In the first, Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. And in the second, Beit Shammai say: One may remove it but may not return it. And Beit Hillel say: One may even return it. Granted, if you say that when we learned in the mishna that one may not place it means that it is prohibited to leave it; in that case, the mishna is teaching as follows: With regard to a stove that was lit with straw or with rakings, one may leave cooked food on it. If it was lit with pomace or with wood, one may not leave the cooked food on it until he sweeps the coals out while it is still day or until he places ashes on it. And what may they leave? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: One may leave both hot water and cooked food on it. And just as they disagree with regard to leaving a pot on the stove, so too, they disagree with regard to whether or not it is permitted to return it to the stove. As Beit Shammai say: One may take the pot from the stove on Shabbat but may not return it to the stove at all. And Beit Hillel say: One may even return it. However, if you say that when we learned in the mishna that one may not place, it means that it is prohibited to return it, then the mishna is teaching as follows: A stove that was lit with straw or with rakings, one may return cooked food onto it. If it was lit with pomace or with wood, one may not return cooked food to it until one sweeps the coals out while it is still day or until one places ashes on them. And what may they return? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. Beit Shammai say: One may remove but may not return. And Beit Hillel say: One may even return. If in the first section the question of what may be returned was already addressed, why do I need this additional dispute in the second section? The gist of Beit Shammai’s statement that cooked food may not be returned to the stove is that one may remove but may not return. Apparently, the mishna can only be understood in accordance with the first explanation. The first clause discusses leaving and the latter clause discusses returning. The Gemara rejects this proof. Actually, you can say that in the first clause of the mishna we learned to return and the mishna is incomplete. A clause must be added to the mishna, and it teaches the following: With regard to a stove that was lit with straw or rakings, one may return a pot of cooked food to it. If it was lit with pomace or with wood, one may not return a pot to it until one sweeps the coals out while it is still day or until one covers the coals with ashes. However, to leave the pot on the flame on Shabbat, one may leave it, even though it is not swept and not covered with ashes. Through this addition, the continuation of the dispute can be understood as follows: And what may they leave? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. Furthermore: And that return that I said to you at the start of the mishna is not according to everyone. Rather, it too is subject to a dispute between Beit Shammai and Beit Hillel, as Beit Shammai say: One may remove but not return. And Beit Hillel say: One may even return. The dilemma with regard to the interpretation of the mishna has not been resolved. Come and hear another resolution to this dilemma from that which Rabbi Ḥelbo said that Rav Ḥama bar Gurya said that Rav said: They only taught that placing is permitted with regard to a stove as far as placing a pot atop it is concerned. However, placing a pot inside it is prohibited. Granted, if you say that we learned returning in the mishna, that is why there is a halakhic difference between placing a pot inside it and placing a pot atop it. If one returns it on Shabbat, placing it inside a stove that might have burning coals, there is concern that Shabbat would be desecrated. Therefore, it was only permitted to place cooked food atop the stove. However, if you say that we learned leaving in the mishna, what is the difference to me whether it is inside the stove and what is the difference to me whether it is atop it? Ultimately, he does nothing on Shabbat with the hot ashes in the stove. The Gemara rejects this proof: Do you think that Rabbi Ḥelbo is referring to the first clause of the mishna? No, he is referring to the latter clause of the mishna, which states: And Beit Hillel say that one may even return. And with regard to this Rabbi Ḥelbo said that Rav Ḥama bar Gurya said that Rav said: They only taught that one may return the cooked food atop the stove; however, inside it is prohibited. If so, there is still no resolution to the dilemma. Come and hear a resolution to this dilemma from that which was taught in the Tosefta: In the case of two adjoining stoves that share a common wall, in one of them, the coals were swept or covered with ashes, and in one the coals were not swept and not covered with ashes; the ruling with regard to leaving a pot atop them on Shabbat is as follows: One may leave food atop the one that was swept or covered with ashes, and one may not leave food atop the one that was not swept and not covered with ashes. And to the crux of the matter, what may one leave? Beit Shammai say: Nothing at all. They dispute the halakha cited above. And Beit Hillel say: One may leave hot water but not cooked food. However, if one removed the cooked dish from atop the stove, everyone, Beit Shammai and Beit Hillel, agrees that one may not return it atop the stove; this is the statement of Rabbi Meir. According to the tradition that he received, that is the issue disputed between Beit Shammai and Beit Hillel. Rabbi Yehuda says that the dispute is different. Beit Shammai say: One may leave hot water on it but not cooked food. And Beit Hillel say: One may leave both hot water and cooked food. Furthermore, Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it. Granted, if you say that the case we learned in our mishna was with regard to leaving the pot on the stove, in accordance with whose opinion is our mishna? It is in accordance with the opinion of Rabbi Yehuda. However, if you say that the case we learned in our mishna was with regard to returning the pot to the stove, in accordance with whose opinion is our mishna? It is neither in accordance with the opinion of Rabbi Yehuda nor with the opinion of Rabbi Meir. If you say that the mishna is in accordance with the opinion of Rabbi Meir, it is difficult for Beit Shammai in one respect. In our mishna, Beit Shammai permit some use of a stove on Shabbat; while according to Rabbi Meir in the baraita, Beit Shammai prohibit any use. And for Beit Hillel it is difficult in two respects. According to our understanding of the mishna, Beit Hillel permit both hot water and cooked food, contrary to Rabbi Meir’s version of their opinion as stated in the baraita. Similarly, in our mishna, Beit Hillel permit returning the pot to the stove, contrary to Rabbi Meir’s version of their opinion. If you explain that our mishna is in accordance with the opinion of Rabbi Yehuda in the baraita, it is difficult with regard to the issue of sweeping the coals and covering them with ashes. In the mishna, both Beit Hillel and Beit Shammai allow leaving it on a stove whose coals were not swept or covered with ashes. According to Rabbi Yehuda in the baraita, apparently a stove whose coals are neither swept nor covered with ashes may not be used at all. Since this interpretation leads to contradictions, it is preferable to explain the mishna in accordance with the other approach, so that the mishna will at least correspond to one opinion. This claim is rejected: Actually, you can say that the case we learned in our mishna was with regard to returning the pot to the stove, and our tanna in the mishna holds in accordance with Rabbi Yehuda in one matter, and disagrees with him in one matter. He holds in accordance with Rabbi Yehuda in one matter, with regard to the matter of hot water and cooked food, and what may be taken from the stove and what may even be returned. And he disagrees with him in one matter: While our tanna in the mishna held that to leave a pot on a stove is permitted even though it is not swept or covered with ashes, Rabbi Yehuda held: With regard to permitting one to leave a pot on the stove as well, if the stove was swept or covered with ashes, yes, it is permitted; if it was not swept or covered with ashes, no, it is prohibited. A dilemma was raised before the Sages: With regard to a stove that was neither swept nor covered with ashes, what is the halakha with regard to permitting one to lean a cooked dish against it, so that it may be heated from the sides of the stove? The dilemma is: Was it only placing a pot inside it and atop it that is prohibited, but to lean the pot against it he may well do so? Or, perhaps, leaning is no different and it is prohibited in every case. Come and hear a resolution to this dilemma from that which was taught in a baraita: If there are two adjoining stoves, one that was swept or covered with ashes and one that was not swept and covered with ashes, one may leave cooked food atop the stove that is swept and covered with ashes on Shabbat. Apparently, it is permitted to lean a pot on a stove that was not swept, even though heat rises to it from the other stove. The Gemara rejects this: Perhaps that case of two adjoining stoves is different. Since the pot is elevated, the air affects it and cools it. Therefore, it is not comparable to actually leaning it against the stove. Come and hear another resolution to this dilemma from that which Rav Safra said that Rav Ḥiyya said: If there is a stove whose coals one covered with ashes on Shabbat eve and it subsequently reignited on Shabbat, one may lean a pot against it, and leave cooked food on it, and remove food from it, and even return food to it. Conclude from this the following with regard to leaning, as well: If he covered them with ashes, yes, if he did not cover them with ashes, no, as the Gemara is speaking about a stove whose ashes were covered properly during the day. The Gemara rejects this proof too. And according to your opinion, that which was taught: One may remove the food from it, would you say there too that if he covered them, yes, and if he did not cover them, no? Everyone agrees that it is permitted to take the pot off of the stove even if it is not swept or covered with ashes. Rather, it must be understood that he taught permission to remove the pot due to the fact that it taught permission to return it. Here too, it taught permission to lean the pot due to the fact that it taught permission to leave the pot on the stove. Consequently, a conclusion cannot be drawn that leaning a pot on an unswept stove is prohibited. The Gemara is astonished by this comparison. How can you compare them? There, one removes the pot from and returns it to one and the same place. Therefore, it taught removing due to returning, as one cannot return a pot before he removes it. However, here, where one leans the pot is in one place and where one leaves the pot is in one, another, place, there is no connection between the two. If the tanna did not intend to teach that leaning is permitted only on a swept stove, there would be no reason to mention permission to lean in conjunction with permission to leave. In any event, this is not an absolute proof, and the dilemma has not been resolved. The Gemara asks: What conclusion was reached with regard to this dilemma? Come and hear a resolution to this from that which was taught in the Tosefta: With regard to a stove that was lit with pomace or with wood, one may lean a pot of cooked food against it; however, one may not leave a pot inside it unless the stove is swept out or covered with ashes. Coals that dimmed or on which a strip of thinly beaten flax was placed and the fire did not ignite, it is as if it were covered with ashes, and one need not add more ashes to it. In any case, the conclusion is drawn from here that one is permitted to lean a dish of cooked food against a stove, even though it is not covered with ashes or swept out. Rabbi Yitzḥak bar Naḥmani said that Rav Oshaya said: With regard to a stove that he covered with ashes and that reignited on Shabbat, one may leave hot water that was already completely heated and cooked food that was already completely cooked upon it. In that case, there is no need for additional cooking, and therefore there is no concern that one might come to stoke the coals and ignite the fire. Conclude from this halakha that even when it is food that shrivels and improves by remaining on the fire, it is nevertheless permitted to leave it. The food is already completely cooked and there is no concern lest one come to stoke the coals and ignite the fire. Rabbi Oshaya did not distinguish between different types of foods in permitting this. The Gemara rejects this conclusion: Here, it is different because he covered the coals in the stove with ashes, and that is the reason that he is permitted to leave food on the stove. The Gemara asks: If so, what purpose was there to say this halakha? Is it to teach that if the coals are covered with ashes, there is no room for concern? That is obvious. The Gemara answers: The case where he covered it with ashes and it reignited on Shabbat was necessary and required additional articulation. Lest you say that since it reignited, it returns to its original status and is prohibited, therefore it taught us that this is not the case. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: With regard to a stove that he swept out or covered with ashes before Shabbat and subsequently reignited on Shabbat, one may leave hot water that was already completely heated and cooked food that was already completely cooked upon it, even if the coals were from the wood of a broom tree, which are very hot and long-burning. If so, conclude from this that even if food shrivels and improves while on the stove, it is permitted. The Gemara rejects this: Here, in this case, it is different because he covered it with ashes. Therefore, it is permitted to leave it on the stove. The Gemara asks: If so, what was the purpose of saying this halakha? The Gemara answers: Mention of the case where he covered it with ashes and it reignited on Shabbat was necessary. The Gemara challenges that explanation: This case is identical to the previous one. Why did Rabbi Yoḥanan find it necessary to repeat what was already said? The Gemara responds that there is a novel element in his statement. It was necessary to teach the case of coals from the wood of a broom tree. Even in a case of especially hot coals it is permitted. Rav Sheshet said that Rabbi Yoḥanan said: With regard to a stove that was lit with pomace or with wood, one may leave hot water on it even if the water has not yet been completely heated, and the same is true for cooked food even if it was not yet completely cooked. However, if one removed the food from the stove, one may only return it if he sweeps the coals out of the stove while it is still day, or if he places ashes on the coals. The reason for mentioning this halakha is because he holds that in our mishna we learned with regard to returning the cooked food to the stove; however, with regard to leaving a pot on top of the stove, if it was placed there while it was still day, one may leave it on the stove even if it is not swept and not covered with ashes. Rava said: We already learned both aspects of Rav Sheshet’s halakha and there is no need to teach us something that was already stated explicitly in the mishna. We already learned that it is permitted to leave a pot on the stove. One may not put bread into the oven at nightfall and may not place cake on top of coals unless there is enough time before Shabbat that its surface will form a crust. However, if its surface already formed a crust before Shabbat, it is permitted to leave it even in an oven that was not swept and not covered with coals. Likewise, we also already learned in our mishna the second aspect of Rav Sheshet’s halakha that it is permitted to return the pot to the fire, as Beit Hillel say: One may even return. And it is clear that Beit Hillel only went so far as permitting the return of the pot in a stove that is swept or covered with ashes; however, in one that is not swept or covered with ashes, they did not permit doing so. If so, Rav Sheshet’s statement is superfluous. The Gemara answers: Rav Sheshet also only came to teach us the inference from the mishna and not to introduce new halakhot. Rav Shmuel bar Yehuda said that Rabbi Yoḥanan said: With regard to a stove that was lit with pomace or with wood, on Shabbat eve one may leave a cooked dish that was already completely cooked, as well as hot water that was already completely heated, upon it and even if it is the type of food that when left for a prolonged period of time on the fire it shrivels and improves. There is no concern lest one come to stoke the coals. The Gemara relates that one of the Sages said to Rav Shmuel bar Yehuda: Isn’t it Rav and Shmuel who both say, contrary to your opinion, that if food shrivels and improves when placed on the stove, leaving it on there on Shabbat is prohibited? Rav Shmuel bar Yehuda said to him: Is that to say that I do not know that Rav Yosef said that Rav Yehuda said that Shmuel said: If food shrivels and improves when left on the fire for an extended period, it is prohibited to leave it there? When I said to you that it is permitted to leave it, I said it in accordance with the opinion of Rabbi Yoḥanan. Rav Ukva from Meishan said to Rav Ashi: You, who are close to the place where Rav and Shmuel lived, act in accordance with the ruling of Rav and Shmuel; we will act in accordance with the ruling of Rabbi Yoḥanan. Abaye said to Rav Yosef: What is the ruling with regard to leaving food on the stove from Shabbat eve? Rav Yosef said to him: Didn’t they leave food for Rav Yehuda and he ate it? Apparently, it is permitted to do so. Abaye said to him: No proof can be brought from Rav Yehuda. Since he is in danger, as he is sick and needs hot food, even on Shabbat as well, it is permitted to heat up food for him. However, for me and you as well as for all other people what is the ruling? Rav Yosef said to Abaye: In Sura, they leave food on the stove from Shabbat eve, as Rav Naḥman bar Yitzḥak from Sura was a master of good deeds who was meticulous in his performance of mitzvot, and they would leave food for him and he would eat it. Rav Ashi said: I stood before Rav Huna and saw that they left fish fried in oil [kasa deharsena] for him atop the stove on Shabbat, and he ate the fish on Shabbat. And I do not know if his reason for doing so is because he holds that it is permitted to leave food that shrivels and improves when left on the stove for a long time. Or, if it is because this dish has flour in it, and therefore it shrivels and deteriorates. Everyone agrees that it is permitted to leave food atop the stove that shrivels and deteriorates. Rav Naḥman said: Food that shrivels and improves when left on the stove, it is prohibited to leave it on the stove; if it shrivels and deteriorates, it is permitted. The principle in this matter is as follows: Any food that has flour in it shrivels and deteriorates, except for a cooked turnip dish, which, even though it has flour, shrivels and improves. And this applies only when there is meat in it, but when there is no meat in it, it shrivels and deteriorates. And when there is meat in it, too, we only said that it shrivels and improves when one does not need it for guests, but when one needs it for guests, it shrivels and deteriorates because it is not polite to serve guests overcooked food, which is not aesthetic. Furthermore: Leaving dishes made of figs [lafda], porridge, or dates on the stove causes them to shrivel and deteriorate. They raised a dilemma before Rabbi Ḥiyya bar Abba: If one forgot a pot on Shabbat eve atop a stove and it cooked on Shabbat, what is the ruling in that case? Is one permitted to eat that food, or not? He was silent and did not say a thing to him. The next day, he emerged and publicly taught them the following halakha: With regard to one who cooks on Shabbat, if he did so unwittingly, he may eat it, and if he cooked intentionally, he may not eat it; and the halakha is no different. The last part of Rabbi Ḥiyya bar Abba’s statement is unclear. The Gemara asks: What is the practical halakhic meaning of the phrase: And it is no different? Rabba and Rav Yosef both said to interpret the phrase permissively in the following manner: One who cooks is one who performs an action. If he did so intentionally, he may not eat what he cooked. However, this one who forgot the pot on the stove, who does not perform an action, even if he intentionally left the pot on Shabbat eve, he may also eat the food. However, Rav Naḥman bar Yitzḥak said that the phrase: And it is no different, should be interpreted restrictively in the following manner: It is one who cooks who will not come to deceive, as there is no room for suspicion that a person will intentionally cook on Shabbat. Therefore, if one cooks unwittingly, he may eat it. However, one who would come to deceive, intentionally leaving the pot on the stove and saying: I forgot it, the Sages penalize him and decree that if he did so unwittingly as well, he may not eat it. The Gemara raises an objection to this statement from that which was taught in a baraita: One who forgot a pot atop a stove and it cooked on Shabbat, if he did so unwittingly, he may eat it; if he did so intentionally, he may not eat it. In what case is this statement said? It is in a case where the pot contains hot water that was not yet completely heated, and the same applies to cooked food that was not yet completely cooked. However, if it contains hot water that was already completely heated and cooked food that was already completely cooked, whether the pot was left there unwittingly, or whether the pot was left there intentionally, one may eat it; this is the statement of Rabbi Meir. Rabbi Yehuda says that there is a distinction: Hot water that was already completely heated is permitted because, in that case, the longer it remains on the fire, the more it shrivels, i.e., evaporates, and deteriorates. In that case, one would certainly not come to increase the heat because he would not want to lose more water through evaporation. However, cooked food that was completely cooked, it is prohibited to leave it on the fire because it shrivels and improves. There is room for concern that he will stoke the coals to increase the heat under the food. And there is a general principle: Anything that shrivels and improves, e.g., cabbage, and beans, and meat cut into small pieces is prohibited; and anything that shrivels and deteriorates is permitted. In any event, it was taught in that baraita that in the case of cooked food that was not completely cooked, if it was cooked unwittingly, it is permitted. Granted, according to the opinion of Rav Naḥman bar Yitzḥak, this is not difficult. Although there is an apparent contradiction, as he prohibits eating from a pot that was unwittingly forgotten on the stove, and the baraita prohibits it only when it was left intentionally, he could explain the following: Here, the baraita, which permits eating it, was taught prior to the decree that was issued lest a person act deceitfully, whereas there, the halakha of Rav Naḥman bar Yitzḥak, was taught after the decree, which prohibited eating food even if it was forgotten unwittingly. However, according to the opinion of Rabba and Rav Yosef, who said to interpret the phrase permissively, whether he left it on the stove unwittingly or he did so intentionally, it is difficult. If this baraita was taught prior to the decree, the ruling with regard to when he did so intentionally is difficult, as Rabba and Rav Yosef permit eating the food even in that case. If this baraita was taught after the decree, the ruling with regard to when he did so unwittingly is also difficult, as Rabba and Rav Yosef permit eating the food in every case. No answer was found to this objection and the Gemara concludes: It is indeed difficult. With regard to the matter itself, the Gemara asks: What is the decree that was discussed above in terms of the distinction between before the decree and after the decree? The Gemara says: This is the decree that Rav Yehuda bar Shmuel said that Rabbi Abba said that Rav Kahana said that Rav said: Initially, they would say: With regard to one who cooks on Shabbat, if it was unwitting, one may eat it; if it was intentional, one may not eat it. And the same is true with regard to one who forgets the pot atop the stove before Shabbat and it cooks on Shabbat. When the number of those who leave their pots intentionally and say we forgot to justify their actions, increased, the Sages then penalized those who forgot. Even one who forgets unwittingly may not eat it. In the Tosefta cited earlier, which deals with one who forgot a pot atop the stove and the food cooked on Shabbat, Rabbi Meir ruled leniently and permitted both hot water that was completely heated and cooked food that was completely cooked, even when it was left on the stove intentionally. Rabbi Yehuda ruled stringently and distinguished between different cases. However, in the Tosefta cited at the beginning of the chapter, it was taught that Rabbi Meir and Rabbi Yehuda disagree with regard to the opinions of Beit Hillel and Beit Shammai as far as leaving food on the stove on Shabbat is concerned. Rabbi Meir says that it is completely prohibited to leave cooked food on the stove ab initio, even according to Beit Hillel who rule leniently. Rabbi Yehuda said that Beit Hillel ruled leniently and permitted doing so. There is a contradiction between one statement of Rabbi Meir and the other statement of Rabbi Meir, and there is a contradiction between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda. The Gemara responds: Between one statement of Rabbi Meir and the other statement of Rabbi Meir there is no contradiction. That which we learned: Rabbi Meir prohibits leaving cooked food under any circumstances, is speaking ab initio; whereas this, where he permits eating the food even if it was left on the stove intentionally, is speaking after the fact. Between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda there is also no contradiction. There, where he permitted leaving the food on the stove, it is referring to the case of a stove that was swept and covered with ashes, whereas here, where he prohibited doing so, is referring to the case of a stove that is not swept and covered with ashes. A dilemma was raised before the Sages: One who transgressed and left his pot on the fire on Shabbat, what is his legal status? Did the Sages penalize him and prohibit him from eating the food, or did they not penalize him? Come and hear a resolution to this dilemma from that which Shmuel bar Natan said that Rabbi Ḥanina said: When Rabbi Yosei went to the city of Tzippori, he found hot water that was left on the stove, and he did not prohibit them from drinking it. He found eggs shriveled from overcooking that were left on the stove on Shabbat and he prohibited them from eating them. Is this not referring to permitting and prohibiting their consumption for that same Shabbat? If so, apparently he prohibits eating cooked food that was intentionally left on the stove on Shabbat. The Gemara immediately rejects this assumption: No. Rather, he prohibited them from doing so ab initio the following Shabbat, but he did not prohibit them from eating the eggs on that same Shabbat. The Gemara is surprised: From this statement it can be inferred that eggs shriveled from overcooking shrivel and improve when left on the fire for a long time, and that is the reason that Rabbi Yosei made a distinction between hot water, which he permitted leaving on the stove, and eggs, which he prohibited leaving on the stove. The Gemara replies: Yes, overcooking improves the eggs. As Rav Ḥama bar Ḥanina said: One time Rabbi Yehuda HaNasi and I were guests in the same place, and they brought before us overcooked eggs that shriveled to the size of crab apples [uzradin] and we ate many of them. Apparently, extended cooking improves eggs. Therefore, when they are left on the fire on Shabbat there is room for concern lest one stoke the coals in order to shrivel them more. We learned in the mishna: Beit Hillel say that one may even return a pot taken off the stove to the stove on Shabbat. Rav Sheshet said: According to the one who says that one may even return it, doing so is permitted even on Shabbat and not only on Shabbat eve. And Rav Oshaya also holds: One may even return it even on Shabbat. As Rav Oshaya said: Once we were standing on Shabbat before Rabbi Ḥiyya the Great and we passed up to him a kettle [kumkemos] of hot water from the bottom floor [deyota] to the top floor, and we poured him a cup and returned the kettle to its place on top of the stove, and he did not say anything to us. Apparently, he is of the opinion that even on Shabbat it is permitted to return a pot to the stove. Rabbi Zerika said that Rabbi Abba said that Rabbi Tadai said: They only taught that it is permitted to return vessels with the food inside them when they are still in his hand; however, if he already placed them on the ground, he obviously regretted placing them on the fire and it is prohibited to replace them on the stove. Rabbi Ami said: That which Rabbi Tadai did and said, he did on his own, and not in accordance with the accepted halakha. Rather, Rabbi Ḥiyya said that Rabbi Yoḥanan said as follows: Even if one placed the pot on the ground, it is permitted to return it to the stove. The Gemara remarks that Rav Dimi and Rav Shmuel bar Yehuda disagreed about this matter, and both stated their opinion in the name of Rabbi Elazar. One said that when they are still in his hand, it is permitted to return them to the stove; when they were already placed on the ground, it is prohibited to do so. And one said that even if one placed them on the ground, it is also permitted to return it to the stove. Ḥizkiya said in the name of Abaye: That which you said, that when it is still in his hand, it is permitted to return it to the stove; we only said that halakha when his original intention was to return it to the stove. However, when it was not his original intention to return it, and he reconsidered and decided to return it, it is prohibited to return it. This proves by inference that if one placed it on the ground, even if his intention was to return it, it is prohibited. Some say a different version of what Ḥizkiya said in the name of Abaye: That which you said, if one placed it on the ground it is prohibited; we only said that halakha when it was not his original intention to return it. However, if his original intention was to return it, it is permitted. This proves by inference that while they are still in his hand, even if it was not his original intention to return it, it is permitted. With regard to this matter, Rabbi Yirmeya raised a dilemma: In a case where he neither placed them on the floor nor held them in his hand, but he hung them on a stick, what is the ruling? In a case where he placed it on top of a bed, what is the ruling? Similarly, Rav Ashi raised a dilemma: If one transferred them from one urn to another urn what is the ruling? The Gemara said: These dilemmas stand unresolved. MISHNA: The halakhot that were stated with regard to a stove were specific to a stove’s unique structure and the manner in which it retains heat. However, with regard to other baking apparatuses, i.e., an oven or a kupaḥ, there are different rules. The mishna delineates: An oven that they lit even with straw or rakings, one may neither place a pot inside it nor atop it on Shabbat. Whereas a kupaḥ that was lit with straw or rakings, its legal status is like that of a stove, and one is permitted to place a pot atop it on Shabbat. If it were lit with pomace or with wood, its legal status is like that of an oven and it is prohibited to place a pot atop it on Shabbat. GEMARA: With regard to that which we learned in the mishna that an oven that they lit even with straw or rakings, one may neither place a pot atop it nor inside it, Rav Yosef thought to say that when the mishna says inside it, it means actually inside it; and when it says atop it, it means actually atop it. However, to lean a pot against an oven, it may well be done. Abaye raised an objection to Rav Yosef from that which we learned in our mishna: A kupaḥ that was lit with straw or rakings, its legal status is like that of a stove. If it were lit with pomace or with wood, its legal status is like that of an oven, and it is prohibited. By inference: If it were like a stove, it would be permitted. With what circumstances are we dealing? If you say that he placed the pot atop the kupaḥ, and in what case? If you say it is referring to a case where it is not swept and covered with ashes; a stove that is not swept and covered with ashes, is it permitted even to place a pot atop it on Shabbat? Rather, isn’t it referring to a case where one seeks to lean a pot against a kupaḥ, and it taught: It is like an oven, and prohibited? Rav Adda bar Ahava said: Here we are dealing with the cases of a kupaḥ that is swept and covered with ashes and an oven that is swept and covered with ashes, and the mishna is to be understood as follows: It is like an oven in the sense that, although it is swept and covered with ashes, it is prohibited to place a pot atop it; as, if its legal status were like that of a stove, when it is swept and covered it may well be done. The Gemara comments that there is a baraita that taught in accordance with the opinion of Abaye: An oven that one lit with straw and with rakings, one may not lean a pot against it, and needless to say one may not place a pot atop it, and needless to say one may not place a pot inside it, and, needless to say if it was lit with pomace or with wood it is prohibited. While with regard to a kupaḥ that was lit with straw or with rakings, one may lean a pot against it, but he may not place a pot atop it. If it was lit with pomace or with wood, one may not lean a pot against it. Rav Aha, son of Rava, said to Rav Ashi: This kupaḥ, what are its circumstances? If it is considered like a stove, even if it was lit with pomace or with wood, it should also be permitted. And if it is considered like an oven, even with straw or with rakings, it should also not be permitted. Rav Ashi said to him: From a halakhic perspective, a kupaḥ has intermediate status. Its heat is greater than that of a stove; however, its heat is less than that of an oven. The Gemara asks: What are the circumstances of a kupaḥ? What are the circumstances of a stove in terms of the configuration of the vessels? Rabbi Yosei bar Ḥanina said: A kupaḥ is a small vessel that is similar to a stove; however, it only has one hole with enough space to place a single pot. A stove is like a double kupaḥ with enough space to place two pots. Abaye said, and some say that Rabbi Yirmeya said: We also learned this matter in a mishna dealing with the laws of ritual purity and impurity: An impure stove that was divided lengthwise is pure because it can no longer be considered a vessel. It is a broken vessel, and a broken vessel cannot become ritually impure. However, if the stove was divided widthwise, between the spaces for the pots, then it remains impure because it became two small stoves. However, a kupaḥ, whether it was divided lengthwise or whether it was divided widthwise, is pure because it can no longer be used as there is no way to put even a single pot on it. That is the difference between a kupaḥ and a stove. MISHNA: In addition to the halakhot that deal with cooking on the fire on Shabbat, several related halakhot are discussed. The mishna says: One may not place a raw egg next to an urn full of hot water so that it will roast slightly. And one may not even wrap it in cloths, i.e., one may not heat the egg inside cloths that were heated in the sun. And Rabbi Yosei permits doing so in that case. And, similarly, one may not insulate it in sand or in road dust that was heated in the sun so that it will roast. Although there is no actual cooking with fire here, it is similar to cooking and the Sages issued a decree to prohibit doing so. The mishna relates a story about the people of the city of Tiberias, and they ran a cold-water pipe [silon] through a canal of hot water from the Tiberias hot springs. They thought that by doing so, they could heat the cold potable water on Shabbat. The Rabbis said to them: If the water passed through on Shabbat, its legal status is like that of hot water that was heated on Shabbat, and the water is prohibited both for bathing and for drinking. And if the water passed through on a Festival, then it is prohibited for bathing but permitted for drinking. On Festivals, one is even permitted to boil water on actual fire for the purposes of eating and drinking. GEMARA: A dilemma was raised before the Sages: One who violated the halakha in the mishna and slightly roasted an egg next to an urn, what is the ruling? Rav Yosef said: One who slightly cooked an egg is liable to bring a sin-offering, as he performed the act of cooking on Shabbat, which is prohibited by Torah law. Mar, son of Ravina, said: We also learned something similar in the mishna: Any salted food item that was already placed in hot water, i.e., cooked, before Shabbat, one may soak it in hot water even on Shabbat. And anything that was not placed in hot water before Shabbat, one may rinse it in hot water on Shabbat, but may not soak it, with the exception of old salted fish or the colias of the Spaniards [kolyas ha’ispanin] fish, for which rinsing with hot water itself is completion of the prohibited labor of cooking. Once it is rinsed in hot water, it does not require any additional cooking. The same is true with regard to an egg that was slightly cooked. Since it thereby becomes edible, one who brought it to that state has violated the prohibition of cooking. The Gemara sums up: Indeed, conclude from it that this is its meaning. We also learned in the mishna according to the first tanna: And one may not wrap an egg in cloths that were heated by the sun in order to heat up the egg, and Rabbi Yosei permits doing so. And with regard to that which we learned in a mishna that one may place cooked food into a pit on Shabbat to protect it from the heat; and one may place good, potable water into bad, non-potable water so that it will cool; and one may put cold water out in the sun to heat it, the Gemara asks: Let us say that this mishna is in accordance with the opinion of Rabbi Yosei in our mishna and not the opinion of the Rabbis as represented by the first tanna in the mishna. The Rabbis prohibited heating food with the heat of the sun. Rav Naḥman said: With regard to heating food in the sun itself, everyone agrees that one is permitted to place food in the sun to heat it, as it is certainly neither fire nor a typical form of cooking. Likewise, with derivatives of fire, i.e., objects that were heated by fire, everyone agrees that it is prohibited to heat food with them, as heating with them is tantamount to heating with fire itself. Where they argue is with regard to heating with derivatives of the sun, i.e., objects heated with the heat of the sun. This Sage, who represents the opinion of the Rabbis, holds that we issue a decree prohibiting a person to heat with derivatives of the sun due to derivatives of fire, which are prohibited. People have no way of knowing how the cooking vessel was heated. If the Sages permit the use of objects heated in the sun, people will come to permit use of objects heated by fire as well. And this Sage, Rabbi Yosei, holds that we do not issue a decree. Even though it is prohibited to heat with derivatives of fire, heating with derivatives of the sun is permitted. We learned in the mishna: And one may not insulate it in sand or in road dust that was heated in the sun. The Gemara asks: And let Rabbi Yosei disagree with this halakha as well. If he holds that one is permitted to cook on Shabbat using objects heated by the sun, the same should apply with regard to sand. The Gemara cites two answers. Rabba said: Rabbi Yosei agrees with the opinion of the Rabbis in this case. The Sages issued a decree in this case due to concern lest one come to insulate it in hot ashes, which is certainly prohibited, if he is permitted to insulate food in sand or road dust. Insulating in sand and insulating in hot ashes appear to be very similar. Rav Yosef said: Rabbi Yosei prohibits it in this case because when insulating it in the sand, he displaces dirt. It is as if he dug a hole in the sand, which is prohibited. The Gemara asks: What is the practical difference between the answers proposed by Rabba and Rav Yosef? Apparently, the two answers lead to the same practical conclusion. The Gemara answers: There is a practical difference between them in the case of loose earth. Loose earth does not require digging a hole. According to Rav Yosef’s explanation, there is no reason to prohibit insulating food in loose earth, as displacing loose earth involves no prohibition. However, if the decree was issued lest one insulate an egg in hot ashes, then it applies even in the case of loose earth. The Gemara raises an objection from that which was taught in a baraita: Rabban Shimon ben Gamliel says: One may slightly roast an egg on a hot rooftop heated by the sun; however, one may not slightly roast an egg on top of boiling limestone. Granted, this works out well according to the opinion of the one who said that insulating an egg in sand is prohibited due to a decree lest he come insulate it in hot ashes. There is no reason to issue a decree on a hot rooftop, as it is not at all similar to hot ashes. However, according to the opinion of the one who said that the reason is because he is displacing dirt, let him issue a decree and prohibit warming an egg on the rooftop as well because there is sometimes dirt on the roof. The Gemara answers: This is not difficult because, in general, a rooftop does not have dirt, and there is no reason to issue a decree in uncommon cases. Come and hear a different objection to the opinion of the amora from our mishna: The Sages prohibited the people of the city of Tiberias, who ran a cold-water pipe through a canal of hot water from the Tiberias hot springs, from using the water. Granted, according to the opinion of the one who said that the prohibition is due to a decree lest one insulate food in hot ashes, that is the reason that this was prohibited, as it is similar to insulating. The cold-water pipe was placed inside the hot water and was surrounded by it. However, according to the opinion of the one who said that the reason is because one displaces dirt, what is there to say to explain the prohibition? The Gemara answers: Do you think that the story about Tiberias refers to the latter clause of the mishna? No, it refers to the first clause of the mishna, and it should be understood as follows: The Rabbis and Rabbi Yosei disagree with regard to wrapping an egg in cloths. The Rabbis say: One may not wrap it in cloths and Rabbi Yosei permits doing so. And the Rabbis said the following to Rabbi Yosei: Wasn’t the incident involving the people of Tiberias with derivatives of the sun, as the hot springs of Tiberias are not heated by fire, and nevertheless the Sages prohibited them from using the water? Rabbi Yosei said to them: That is not so. That incident involved derivatives of fire, as the hot springs of Tiberias are hot because they pass over the entrance to Gehenna. They are heated by hellfire, which is a bona fide underground fire. That is not the case with derivatives of the sun, which are not heated by fire at all. On the same topic, Rav Hisda said: From this action performed by the people of Tiberias and the fact that the Sages prohibited them from using the water, the conclusion is that the practice of insulating a pot in something that increases the heat over the course of Shabbat was abolished on Shabbat. And not only is it prohibited to do so on Shabbat itself, but it is also prohibited while it is still day before Shabbat. Running pipes of cold water through hot water is similar to insulating water in something that adds heat. Ulla said: The halakha is in accordance with the people of Tiberias. Rav Naḥman said to him: The people of Tiberias have already broken their pipes. Even they reconsidered their position. We learned in the mishna with regard to the incident, which related what the people of Tiberias did, that the legal status of water that was heated in the Tiberias hot springs is like that of water heated on Shabbat, and it is prohibited for use in bathing. The Gemara clarifies this matter: What type of bathing is this? If you say that it is referring to bathing one’s entire body, that is difficult. That would indicate that only water heated on Shabbat is prohibited for use in bathing one’s entire body; however, bathing one’s entire body in hot water heated before Shabbat is permitted. That cannot be. Wasn’t it taught in a baraita: With regard to hot water that was heated on Shabbat eve, one may use it the next day to wash his face, his hands, and his feet incrementally; however, not to wash his entire body? Rather, it must be that the bathing prohibited in the mishna with water heated on Shabbat is, in fact, washing his face, his hands, and his feet. However, if so, say the latter clause of the mishna: On a Festival, the legal status of the water is like that of water that was heated by fire on a Festival, and it is prohibited for bathing and permitted for drinking. Even on a Festival, washing one’s face, hands, and feet is prohibited with this hot water. If so, let us say that we learned the unattributed mishna in accordance with the opinion of Beit Shammai. As we learned in a mishna, Beit Shammai say: A person may not heat water for his feet on a Festival unless it is also fit for drinking, and Beit Hillel permit doing so. According to Beit Hillel, it is permitted to heat water on a Festival for the purpose of washing one’s feet. According to the proposed interpretation of the term bathing in the mishna, as referring to washing one’s face, hands, and feet, our mishna is in accordance with the opinion of Beit Shammai. This is problematic, as the halakhic opinion of Beit Shammai is rejected and only rarely cited in an unattributed mishna. Rav Ika bar Ḥananya said: In our mishna, we are dealing with water that was heated in order to rinse one’s entire body with it. Rinsing does not have the same legal status as bathing. And that which we learned in the mishna: Water that was heated on Shabbat is prohibited for bathing, from which it can be inferred that water heated before Shabbat is permitted for bathing on Shabbat, is in accordance with the opinion of this tanna, the opinion of Rabbi Shimon in the Tosefta. As it was taught in a Tosefta: One may neither rinse his entire body with hot water, even if it was heated before Shabbat, nor with cold water; this is the statement of Rabbi Meir. Rabbi Shimon permits doing so even with hot water because it was heated before Shabbat. Rabbi Yehuda says: With hot water, it is prohibited; with cold water, it is permitted. According to Rabbi Shimon, it is completely prohibited to rinse with water that was heated on Shabbat itself. Consequently, our mishna, which does not differentiate between hot and cold water, is in accordance with the opinion of Rabbi Shimon. Rav Ḥisda said: This dispute over washing with water heated before Shabbat is specifically with regard to water in a vessel, as one might mistakenly think that it was heated on Shabbat, and there is then concern lest one permit the use of water heated with fire on Shabbat. However, when the water was collected in the ground, everyone agrees that it is permitted. The Gemara challenges this: Wasn’t the incident involving the people of Tiberias with regard to water in the ground, and nevertheless the Sages prohibited it? Rather, if this was stated, this is what was stated, i.e., this is the correct version of Rav Ḥisda’s statement: This dispute is specifically when the water is collected in the ground. However, when it is in a vessel, everyone agrees that it is prohibited. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The halakha in this dispute is in accordance with the opinion of Rabbi Yehuda. Rav Yosef said to him: Did you learn this from Rabbi Yoḥanan explicitly, or did you learn it by inference from something else that he said? The Gemara remarks: What was the statement of Rabbi Yoḥanan from which this conclusion could be inferred? As Rav Tanḥum said that Rabbi Yoḥanan said that Rabbi Yannai said that Rav said: Every place that you find two who disagree and each one of them establishes his opinion in a series of cases, and one of the Sages, a third one, adopts a compromise opinion and says that in some cases the halakha is in accordance with one, and in some cases the halakha is in accordance with the other, the halakha is in accordance with the opinion of the compromiser. This principle holds true except for the case of the ritual impurity of insignificant strips of material. In that case, even though Rabbi Eliezer is stringent, and Rabbi Yehoshua is lenient, and Rabbi Akiva compromises, the halakha is not in accordance with the statement of the compromiser: First, because Rabbi Akiva is a student of Rabbi Eliezer and Rabbi Yehoshua and lacks the authority to decide between the opinions of his rabbis. And furthermore, didn’t Rabbi Akiva reconsider and adopt Rabbi Yehoshua’s opinion? In the dispute over the laws of bathing as well, the ruling should have been in accordance with the opinion of Rabbi Yehuda because his is the compromise opinion. Therefore, Rav Yosef asked whether the ruling was based on that principle alone. The Gemara asks: And if the halakha was derived by inference, what of it? It is legitimate to draw conclusions by inference. The Gemara responds: Perhaps this principle, that the halakha is established in accordance with the compromise opinion, applies only in a mishna; but in a baraita, no, it does not apply. Perhaps the baraita is not a sufficiently reliable source to establish the halakha in accordance with the compromise opinion based on its formulation. Rabba bar bar Ḥana said to Rav Yosef: I heard it explicitly. An amoraic dispute was stated: With regard to hot water that was heated on Shabbat eve before Shabbat, Rav said: The next day, on Shabbat, one may wash his entire body with it; however, not all at once. Rather, he washes one limb at a time, in a departure from the standard practice, to remind him that it is Shabbat. And Shmuel said: They only permitted washing one’s face, his hands, and his feet with hot water, even if it was heated on Shabbat eve; however, they did not permit washing his entire body, even in increments. The Gemara raises an objection from what was taught in a baraita: Hot water that was heated on Shabbat eve, the next day one may wash his face, his hands, and his feet with it but not his entire body. This is a conclusive refutation of Rav’s opinion. Rav could have said to you: When the baraita says: Not one’s entire body, it means not his entire body at once, but one limb and then another limb until he washes his entire body is permitted. The Gemara asks: Doesn’t it say one’s face, his hands, and his feet, and no more? Rav answers: It means that one washes his body in a manner similar to the manner that one washes his face, his hands, and his feet, i.e., each limb separately, and they were cited as examples of washing one limb at a time. The Gemara cites an additional proof. Come and hear from what was taught in a baraita: They only permitted to wash one’s face, his hands, and his feet with hot water that was heated before Shabbat. This poses a difficulty to Rav. Rav answers: Here too, this refers to washing one limb at a time, in a manner similar to the way one washes his face, his hands, and his feet. The Gemara remarks: A baraita was taught in accordance with the opinion of Shmuel: Hot water that was heated on Shabbat eve, the next day one may wash his face, his hands, and his feet with it but not his entire body, even one limb at a time. And, needless to say, this is the halakha with regard to hot water that was heated on a Festival. Rabba would teach this halakha of Rav in this language: Hot water that was heated on Shabbat eve, the next day, Rav said: One may bathe his entire body in it and exclude one limb to remind himself that today is Shabbat. They raised all of these conclusive refutations, with which they objected to the previous version of Rav’s statement, against him and the Gemara concludes: Indeed, it is a conclusive refutation. Rav Yosef said to Abaye: Does Rabba act in accordance with this halakha of Rav? He said to him: I do not know. The Gemara asks: What is his dilemma? It is obvious that Rabba did not act in accordance with Rav’s statement, as Rav’s statement was conclusively refuted. The Gemara answers: Perhaps he did not hear, i.e., he did not know of the challenges or he did not consider them substantial. Perhaps, in his opinion, it is still reasonable to act in accordance with Rav’s statement. The Gemara says: If so, there is still no room for the dilemma. And if Rabba did not hear this refutation, certainly he acted in accordance with Rav’s opinion, as Abaye said: In all halakhic matters of the Master, Rabba, he conducted himself in accordance with the opinion of Rav, except these three where he conducted himself in accordance with the opinion of Shmuel. He ruled: One may untie ritual fringes from garment to garment, and one may light from one Hanukkah lamp to another lamp, and the halakha is in accordance with the opinion of Rabbi Shimon in the case of dragging. According to Rabbi Shimon, it is permitted to drag heavy objects, and there is no concern that, as a result, a ditch might be dug in the ground. In any case, it is certainly reasonable to say that he acted in accordance with the opinion of Rav in the case of bathing on Shabbat as well. The Gemara answers: His is not an absolute proof. Perhaps Rabba’s custom was that he acted in accordance with the stringencies of Rav and he did not act in accordance with the leniencies of Rav. Washing with hot water on Shabbat is one of Rav’s leniencies. Therefore, it is not clear how Rabba acted in practice. The Sages taught in a Tosefta: A bathhouse whose openings were sealed on Shabbat eve so that the heat would not diminish, after Shabbat one may bathe in it immediately. If its openings were sealed on the eve of a Festival, the next day, on the Festival itself, one may enter and sweat in the heat produced by the hot water and emerge and rinse with cold water in the outer room of the bathhouse. Rabbi Yehuda said: There was an incident in the bathhouse of Benei Berak, whose openings were sealed on the eve of a Festival. The next day, on the Festival itself, Rabbi Elazar ben Azarya and Rabbi Akiva entered and sweated there, and emerged and rinsed themselves in the outer room. However, this bathhouse was unique because the hot water was covered by wooden boards and there was no concern lest a person bathe in the hot water. When this matter came before the Sages, they said: Even if its hot water is not covered by boards, it is permitted to sweat from the heat in the bathhouse. When the number of transgressors increased, the Sages began to prohibit this. However, the large bathhouses [ambatyaot] in cities, one may stroll through them as usual and need not be concerned about the prohibitions of Shabbat, even if he sweats while doing so. And the Gemara asks: What are these transgressors? The Gemara answers: Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Initially, people would bathe even on Shabbat in hot water that was heated before Shabbat. The bathhouse attendants began to heat water on Shabbat and say that it was heated before Shabbat. Therefore, the Sages prohibited bathing in hot water and permitted sweating. And they would still bathe in hot water and say: We are sweating, and that is why we entered the bathhouse. Therefore, the Sages prohibited sweating and permitted bathing in the hot springs of Tiberias. And people would still bathe in hot water heated by fire and say: We bathed in the hot springs of Tiberias. Therefore, they prohibited even the hot springs of Tiberias and permitted them to bathe in cold water. When the Sages saw that their decrees were not upheld by the people because of their stringency, they permitted them to bathe in the hot springs of Tiberias, and the decree prohibiting sweating remained in place. In this context, Rava said: One who violates a decree of the Sages, it is permitted to call him a transgressor. Transgressor is not a term limited to one who violates a severe Torah prohibition. The Gemara asks: In accordance with whose opinion did Rabba make this statement? Rabba’s statement is according to this tanna in the baraita, who referred to those who violated a rabbinic decree as transgressors. It was taught in a Tosefta: In bathhouses in cities, one may stroll through them and, even if he sweats while doing so, need not be concerned. Rava said: This applies specifically to bathhouses in cities; but in villages, no, it does not apply. What is the reason for this distinction? Since the bathhouses in the villages are small, their heat is great, and even merely walking through them will certainly cause one to sweat. The Sages taught: One may warm himself opposite a bonfire on Shabbat and emerge and rinse in cold water as long as he does not first rinse in cold water and then warm himself opposite the bonfire. This is prohibited because he thereby warms the water on his body and renders it lukewarm. The Sages also taught: A person whose intestines are painful may heat up a towel [aluntit] and place it on his intestines even on Shabbat. This is permitted as long as one does not bring a kettle of water and place it on his intestines on Shabbat, lest the water spill and he come to wring it out (Tosafot), which is a prohibited labor on Shabbat. And placing a kettle directly on his intestines is prohibited even on a weekday due to the danger involved. If the water is extremely hot it could spill and scald him. Similarly, the Sages taught: One may bring a jug [kiton] full of cold water and place it opposite the bonfire on Shabbat; not so that the water will heat up, as it is prohibited to cook on Shabbat, rather to temper the cold, as one is permitted to render water less cold on Shabbat. Rabbi Yehuda says: A woman may take a cruse of oil and place it opposite the bonfire; not so the oil will cook, rather, so it will warm until it is lukewarm. Rabban Shimon ben Gamliel says: A woman may smear her hand with oil, and heat it opposite the fire, and afterward smear her young son with the heated oil, and she need not be concerned about cooking on Shabbat. A dilemma was raised before the Sages: With regard to heating oil in this manner on Shabbat, what is its legal status according to the first tanna, who permits doing so with water? Does he permit oil as well? Rabba and Rav Yosef both said that the opinion of the first tanna is to permit doing so in the case of oil. Rav Naḥman bar Yitzḥak said that the opinion of the first tanna is to prohibit doing so. Rabba and Rav Yosef both said that the opinion of the first tanna is to permit doing so. The Gemara explains the dispute in the mishna: Oil, even though it is heated to the point at which the hand spontaneously recoils [soledet] from its heat, is permitted to be heated in this manner. The reason is because the first tanna holds that oil is not subject to the prohibition of cooking. Cooking oil to its boiling point requires a very high temperature; merely heating it is not considered cooking. And Rabbi Yehuda came to say that oil is subject to the prohibition of cooking; however, warming it to a lukewarm temperature is not tantamount to cooking it. Therefore, it is permitted to place a jar of oil near the fire in order to raise its temperature, though it is prohibited to heat it to the point of cooking. And Rabban Shimon ben Gamliel came to say that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. He permitted it only in the specific case of a woman who smeared her hand with oil, heated it, and smeared her son with it. Rav Naḥman bar Yitzḥak said: The opinion of the first tanna is to prohibit doing so. He explains the dispute in the following manner: According to the first tanna, with regard to oil, even if the heat is not so great that the hand spontaneously recoils from it, it is prohibited to heat it. He holds that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. And Rabbi Yehuda came to say, leniently, that warming it is not tantamount to cooking it. And Rabban Shimon ben Gamliel came to disagree with Rabbi Yehuda and to say that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. The Gemara questions: According to this explanation, the opinion of Rabban Shimon ben Gamliel is identical to the opinion of the first tanna. What is the difference between them? The Gemara answers: There is a practical difference between them in a case where this is done in a backhanded manner, i.e., not as it is typically done. According to the first tanna, it is totally prohibited to heat the oil, whereas according to Rabban Shimon ben Gamliel, it is permitted to heat the oil in a backhanded manner. Rav Yehuda said that Shmuel said that the halakha is: With regard to both oil and water, heating either one to the point where the hand spontaneously recoils from it is prohibited. Heating either one to the point where the hand does not spontaneously recoil from it is permitted. The Gemara asks: And what are the circumstances in which a hand spontaneously recoils from it? Not all hands are equal in their sensitivity to heat. The Sage, Raḥava, said: Any water that could cause a baby’s stomach to be scalded is considered water from which the hand spontaneously recoils. Rav Yitzḥak bar Avdimi said: One time I followed Rabbi Yehuda HaNasi into the bathhouse on Shabbat to assist him, and I sought to place a jar of oil in the bathtub for him, to heat the oil somewhat before rubbing it on him. And he said to me: Take water from the bath in a secondary vessel and place the oil into it. The Gemara remarks: Learn from this comment of Rabbi Yehuda HaNasi three halakhot: Learn from it that oil is subject to the prohibition of cooking. This explains why he prohibited placing it in the bathtub. And learn from it that a secondary vessel is not hot and does not cook. And learn from it with regard to oil that warming it is tantamount to cooking it. The Gemara is astonished by this story: How did Rabbi Yehuda HaNasi do this? How did he teach his student halakha in the bathhouse? Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said: In all places, it is permitted to contemplate Torah matters except for the bathhouse and the bathroom? And if you say that he spoke to him in a secular language, didn’t Abaye say: Secular matters are permitted to be spoken in the sacred language, Hebrew, even in the bathhouse, and sacred matters may not be spoken in the bathhouse even in a secular language? The Gemara answers: It was permitted for Rabbi Yehuda HaNasi to conduct himself in that manner because he was preventing an individual from violating a prohibition, which is different. Know that this is so, as Rav Yehuda said that Shmuel said: There was an incident where a student of Rabbi Meir followed him into the bathhouse on Shabbat and sought to rinse the floor in order to clean it. And Rabbi Meir said to him: One may not rinse the floor on Shabbat. The student asked if it was permitted to smear the floor with oil. He said to him: One may not smear the floor with oil. Apparently, preventing one from violating a prohibition is different. Here too, in the incident involving Rabbi Yehuda HaNasi, preventing one from violating a prohibition is different and permitted. Ravina said: Learn from it that one who cooks in the hot springs of Tiberias on Shabbat is liable, as the incident with Rabbi Yehuda HaNasi was after the decree, and he said to his student: Take hot water in a secondary vessel and place the oil into it. Had he cooked the oil in the hot water itself, he would have violated a Torah prohibition. Since the incident with Rabbi Yehuda HaNasi took place after the Sages issued a decree to prohibit bathing in hot water on Shabbat, it must have taken place in a bath in the hot springs of Tiberias. The Gemara challenges this: Is that so? Didn’t Rav Ḥisda say that one who cooks in the Tiberias hot springs on Shabbat is not liable? The Gemara answers: There is no contradiction. What, too, is the meaning of the term liable that Ravina said? It does not mean that one who cooked in the hot springs of Tiberias is liable to be stoned or to bring a sin-offering like one who violates a Torah prohibition. Rather, it means liable to receive lashes for rebelliousness, which one receives for intentionally violating rabbinic decrees. Rabbi Zeira said: I saw Rabbi Abbahu floating in a bath on Shabbat, and I do not know if he lifted his feet and was actually swimming in the water, or if he did not lift his feet. The Gemara questions Rabbi Zeira’s uncertainty. It is obvious that he did not lift his feet, as it was taught in a baraita: A person may not float in a pool full of water on Shabbat, and even if the pool was in a courtyard, where there is no room for concern lest he violate a prohibition. This is not difficult; this baraita is referring to a place that does not have embankments surrounding it. Since there are no partitions, it appears like an ocean or a river. That incident involving Rabbi Abbahu occurred in a place that has embankments and looks like a vessel. Therefore, the Sages did not prohibit it. After citing what Rabbi Zeira related with regard to Rabbi Abbahu, the Gemara cites that Rabbi Zeira said: I saw that Rabbi Abbahu, while he was bathing, placed his hands over his genitals for the sake of modesty, and I do not know whether he touched them or did not touch them. The Gemara questions Rabbi Zeira’s uncertainty. It is obvious that he did not touch his genitals, as it was taught in a baraita: Rabbi Eliezer says: One who holds his penis and urinates it is as if he were bringing a flood to the world. He is liable to become aroused by that contact and that is an extremely severe transgression, comparable to the transgressions violated in the generation of the flood. Abaye said: Nevertheless, no proof can be cited from that baraita. Perhaps the Sages rendered the legal status of this situation like that of a military unit, as we learned in a mishna: A military unit that entered a city, if it entered during peacetime, after the soldiers leave, the open barrels of wine are prohibited and the wine in them may not be drunk due to suspicion that the gentile soldiers may have poured this wine as a libation for idolatry. The sealed barrels are permitted. However, if the unit entered in wartime, both are permitted because in wartime there is no respite to pour wine for idolatry, and one can be certain that the soldiers did not do so. Apparently, since they are afraid, they do not pour libations. Here too, in the case of bathing, since he is afraid, he will not come to have impure thoughts. The Gemara asks: And what fear is there here that would prevent one bathing from having impure thoughts? The Gemara answers: Fear of the river. Since he needs to be careful that the water does not wash him away, he is too distracted to think of other matters. The Gemara questions the story itself: And is that so? Is it permitted under any circumstances to cover one’s genitals while bathing? Didn’t Rabbi Abba say that Rav Huna said that Rav said: Anyone who places his hands over his genitals is as if he denies the covenant of our father Abraham? It appears as if he is covering himself to obscure the fact that he is circumcised. The Gemara answers: This is not difficult, as there is room to distinguish and say that this, the case where it is prohibited to cover oneself, is when he is descending into the river and there are no people facing him and he need not be concerned with modesty. In that case covering oneself is prohibited as he appears to be renouncing the covenant of Abraham. That, the case where, in certain circumstances, this prohibition does not apply, is when he is emerging from the river. When he emerges, he is facing the people on the riverbank and it is then permitted to cover himself in the interest of modesty, as that which Rava would do. He would bend over when he was naked. Rabbi Zeira would stand upright, in accordance with Rav’s statement that it is prohibited to appear to be renouncing the covenant of Abraham. When the Sages of the school of Rav Ashi descended into the river they stood upright. When they emerged from the river they bent over. Speaking of bathing and its halakhot, the Gemara relates: Rabbi Zeira was avoiding being seen by his teacher, Rav Yehuda, as Rabbi Zeira sought to ascend to Eretz Yisrael and his teacher disapproved. As Rav Yehuda said: Anyone who ascends from Babylonia to Eretz Yisrael transgresses a positive commandment, as it is stated: “They shall be taken to Babylonia and there they shall remain until the day that I recall them, said the Lord” (Jeremiah 27:22). Based on that verse, Rav Yehuda held that since the Babylonian exile was by divine decree, permission to leave Babylonia for Eretz Yisrael could only be granted by God. Rabbi Zeira did not want to discuss his desire to emigrate with Rav Yehuda, so that he would not be forced to explicitly disobey him. Nevertheless, he said: I will go and hear something from him and then I will leave. He went and found Rav Yehuda standing in the bathhouse and telling his servant: Bring me natron [neter] with which to wash, bring me a comb, open your mouths and let out air, and drink from the water of the bathhouse. Rabbi Zeira said: If I had come only to hear this matter from Rav Yehuda, it would suffice for me. The Gemara analyzes the lessons learned from this story. Granted, when Rav Yehuda said: Bring me natron, bring me a comb, he was teaching us that mundane matters are permitted to be spoken in the bathhouse, even in the sacred language. When he said: Open your mouths and let out air, that too is in accordance with that which Shmuel said, as Shmuel said: Heat produces heat. The hot air that one inhales causes him to sweat more quickly. However, drink the water of the bathhouse, what benefit is there in doing that? The Gemara answers: As it was taught in a baraita: One who ate and did not drink at all, what he ate becomes blood and that causes the onset of intestinal disease. One who ate and did not walk four cubits after eating, what he ate rots and that causes the onset of bad breath. One who needs to defecate and ate is similar to an oven that was lit on top of its ashes. When ashes from a previous fire are not swept out, and new logs are placed on top of the old ones, it inhibits the burning and dirties the oven, and that causes the onset of odor of the filth of perspiration in a person. As far as our matter is concerned, the baraita teaches: One who bathed in hot water and did not drink from it is like an oven that was lit from the outside and not lit from the inside. The lighting is ineffective and the oven does not heat properly. Rav Yehuda told his servants to drink the hot water while bathing so that they would be heated from the inside and the outside. The baraita continues: One who bathed in hot water and did not rinse afterward with cold water is like iron that was placed in the fire and not placed afterward in cold water, which leaves the iron soft. And one who bathed and did not smear himself with oil afterward is like water that was poured on top of a barrel, and not into it. The water spills outside the barrel. MISHNA: In this mishna, the Sages discuss two vessels used for heating water. With regard to a mulyar, a bronze vessel into which coals are placed in an outer compartment and water is placed into an adjacent inner compartment, whose coals were swept, one may drink from it on Shabbat. With regard to an antikhi, which is a vessel with a different configuration, even if its coals were swept, one may not drink from it on Shabbat. GEMARA: The Gemara asks: What are the circumstances of a swept mulyar? The Gemara answers: A mulyar is the vessel, explained in the Tosefta on our mishna, that has water on the inside and coals on the outside. With regard to the identity of an antikhi there are different opinions. Rabba said that it refers to a stove. A space is created in the wall of a stove and filled with water. Since the stove is very hot, it is prohibited to use this water. Rav Naḥman bar Yitzhak said: An antikhi is a cauldron, i.e., a vessel made from two cauldrons stacked one on top of the other with coals in the bottom one and water in the upper one. These two different opinions have halakhic implications. The one who says that it is prohibited to use a vessel composed of two cauldrons, all the more so it is prohibited to use the space inside of a stove. And the one who says that it is prohibited to use the space inside a stove, a vessel composed of two cauldrons, no, it is not prohibited. It was taught in a baraita in accordance with the opinion of Rav Naḥman: An antikhi, even if it was swept and covered with ashes, one may not drink from it on Shabbat because its copper heats it. The heating in an antikhi is by means of the coals beneath the water. MISHNA: The Sages added to the laws of leaving food on a source of heat and cooking food on Shabbat: An urn that was emptied of its hot water on Shabbat, one may not place cold water into it so that the cold water will be heated. However, one may place cold water into an urn or into a cup that were emptied of their hot water in order to warm it but not in order to heat it. GEMARA: The mishna seems to contradict itself. The first statement completely prohibits placing water into an urn, and later it was partially permitted. The Gemara asks: What is the mishna saying? Rav Adda bar Mattana said that it said the following: An urn that was emptied of its hot water, one may not put a small amount of water into it so that it will become very hot. However, one may put a large quantity of water into it in order to warm it. A large quantity of cold water will not be heated in those circumstances. The Gemara questions this leniency: By putting cold water into the urn, doesn’t it harden the vessel? Cold water poured into a heated metal vessel reinforces the vessel. It is one of the stages in the labor of a blacksmith. How is it permitted to do something similar on Shabbat? The Gemara answers: This mishna is in accordance with the opinion of Rabbi Shimon, who stated a principle with regard to the laws of Shabbat: An unintentional act, i.e., a permitted action from which a prohibited labor inadvertently ensues, is permitted. Here too, his intention was to warm the water, not to reinforce the vessel. Abaye strongly objects to this explanation: Does it say in the mishna: An urn from which water was emptied? That would indicate that he sought to fill the vessel with other water and warm up that water. Rather, an urn that was removed was taught in the mishna, meaning that the urn was removed from the fire, not that the water was emptied from it. Rather, Abaye said this is what the mishna is saying: An urn that was removed from the fire and contains hot water, one may not place a small quantity of water in it so that the water will become hot; rather, one may place a large quantity of water in it so that the water will become warm. And with regard to an urn from which water was removed; one may not place any water into it because he hardens the vessel by placing cold water into a hot vessel. And, according to this explanation, our mishna is in accordance with the opinion of Rabbi Yehuda, who said that an unintentional act from which a prohibited labor inadvertently ensues is prohibited on Shabbat. With regard to the matter itself, Rav said: They taught that one is permitted to place cold water into an urn with hot water after it was removed from the fire, when his intention is only to warm the cold water. However, if he did this in order to harden the vessel, it is prohibited. And Shmuel said: Even if he does so in order to harden the vessel, it is also permitted. The Gemara wonders: Is hardening permitted ab initio? Isn’t it a full-fledged prohibited labor on Shabbat? Rather, if the dispute between Rav and Shmuel was stated, it was stated as follows. Rav said: They taught that it is permitted to add water only in a measure that is sufficient to warm the water, i.e., to only partially fill the vessel. However, filling it completely with a measure sufficient to harden the vessel is prohibited. And Shmuel said: Even a measure sufficient to harden the vessel is permitted, since one did not intend to perform that prohibited labor. The Gemara asks: Is that to say that Shmuel, who permits adding water even in an amount sufficient to harden a vessel, holds in accordance with the opinion of Rabbi Shimon, who says that one may perform an action that inadvertently results in a prohibited labor? Didn’t Shmuel say: One may extinguish a piece of white-hot metal in a public area on Shabbat so that the masses will not be injured? That is because the piece of white-hot metal is not actual fire and extinguishing it is prohibited by rabbinic decree, not Torah law. The Sages did not issue decrees in situations where there is concern for public safety. However, one may not extinguish a red-hot wood coal because extinguishing it is prohibited by Torah law. And if it would enter your mind that Shmuel holds in accordance with the opinion of Rabbi Shimon, it should even be permitted to extinguish wood as well. When one extinguishes the coal, he intends neither to perform a prohibited labor nor to derive any benefit. He merely intends to prevent the coal from causing injury. Extinguishing the coal is a labor not necessary for its own sake. Rabbi Shimon says that one who performs a labor not necessary for its own sake is exempt. The Gemara responds: In the case of an unintentional act, Shmuel holds in accordance with the opinion of Rabbi Shimon. In the case of labor not necessary for its own sake, he holds that he is liable, in accordance with the opinion of Rabbi Yehuda. Ravina said: Therefore, a thorn in the public domain that is liable to cause injury, one may move it from there in increments, each less than four cubits, on Shabbat. Although the Torah prohibits carrying an object four cubits in the public domain on Shabbat, carrying less than four cubits is prohibited only by rabbinic law. From Shmuel’s statement, it is clear that the Sages did not issue a decree in any case where there is a threat to the masses. And, therefore, if the thorn was in a karmelit, where the prohibition to carry is by rabbinic law, one is permitted to carry it even more than four cubits. We learned in the mishna: However, one may place water into an urn in order to warm it. The Sages taught in a baraita: A person may place hot water into cold water, but not cold into hot; this is the statement of Beit Shammai. In their opinion the cold water becomes heated by the hot water beneath it. And Beit Hillel say: Both hot into cold and cold into hot are permitted. However, Beit Hillel did not permit this in all cases. In what case is this said? It is in the case of a cup. However, in a bath with a lot of water, it is permitted to pour hot into cold but not cold into hot. And Rabbi Shimon ben Menasya prohibits even putting hot into cold. Rav Naḥman said: The halakha is in accordance with the opinion of Rabbi Shimon ben Menasya in this matter. Rav Yosef thought to say that the legal status of a basin [sefel], which is a vessel used for washing, is like that of a bath, and it is prohibited to pour water into it. Abaye said to him that Rabbi Ḥiyya taught a baraita: A basin is not like a bath in terms of pouring water into it. The Gemara asks: And according to what entered Rav Yosef’s mind initially, that a basin is like a bath with regard to this halakha, and Rav Naḥman said that the halakha is in accordance with the opinion of Rabbi Shimon ben Menasya in this matter, does that mean that on Shabbat there is no possibility of washing with hot water? No all-encompassing prohibition of washing with hot water on Shabbat was ever taught. The Gemara replies: Do you think that Rabbi Shimon ben Menasya is referring to the latter clause of the mishna? No, he is referring to the first clause of the mishna, where we learned that Beit Hillel permit both hot water into cold and cold water into hot, and Rabbi Shimon ben Menasya prohibits placing cold water into hot. The Gemara asks: If so, say that Rabbi Shimon ben Menasya stated his opinion in accordance with the opinion of Beit Shammai. Isn’t the halakha generally established according to Beit Hillel? The Gemara explains: He said the following: Beit Shammai and Beit Hillel did not dispute this matter. Rabbi Shimon ben Menasya had a different tradition with regard to the opinions of Beit Shammai and Beit Hillel. Rav Huna, son of Rav Yehoshua, said: I saw that Rava was not strict in the case of a vessel and made no distinction between cold and hot. From where did he derive this leniency? From a baraita that Rabbi Ḥiyya taught: A person may place a jug of water into a basin of water, both hot into cold and cold into hot. Rav Huna said to Rav Ashi: There is a weakness in this proof, as perhaps there it is different because the vessel forms a partition between the hot and cold water. He is not pouring cold water into the basin itself but is placing a jug whose sides form a partition into the basin. He said to him: The term pour was stated in that baraita. This is the correct version: A person may pour a jug of water into a basin of water, both hot into cold or cold into hot. Therefore, there is no room to distinguish between the two cases. MISHNA: In continuation of the discussion of vessels where the prohibition of cooking applies even though the vessels are not actually on the fire itself, the mishna establishes: A stew pot [ilpas] and a pot that were removed from the fire while they were still boiling, even if they were removed before Shabbat, one may not place spices into them on Shabbat itself. Even though the pot is not actually standing on the fire, the spices are still cooked in it because the pot is a primary vessel, i.e., a vessel whose contents were cooked on the fire. However, one may place the spices into a bowl or into a tureen [tamḥui], which is a large bowl into which people pour the contents a stew pot or a pot. Bowls and tureens are both secondary vessels and food placed into them does not get cooked. Rabbi Yehuda says: One may place spices into anything on Shabbat except for a vessel that has in it something containing vinegar or brine of salted fish. GEMARA: A dilemma was raised before the Sages: Is Rabbi Yehuda referring to the first clause of the mishna and being lenient? According to that possibility, the mishna prohibits placing spices into any boiling pot and Rabbi Yehuda holds that this only applies if there is fish brine or vinegar inside the pot. Or perhaps he is referring to the latter clause of the mishna and is being stringent? The Rabbis said that one is permitted to place spices into a bowl or a tureen, and Rabbi Yehuda came to add a stringency and say that if the bowl or tureen contains vinegar or brine, it is prohibited to place spices into it. Come and hear a resolution to this dilemma from that which was taught explicitly in a baraita that Rabbi Yehuda says: Into all stew pots one may place spices on Shabbat; into all pots, even those that are boiling, one may place spices, except for one that contains vinegar or brine. The baraita clearly indicates that Rabbi Yehuda disputes the first clause of the mishna and is being lenient. Rav Yosef thought to say that salt is like a spice whose legal status is: In a primary vessel that was on the fire, salt gets cooked and therefore it is prohibited to place salt into it on Shabbat. And in a secondary vessel, into which the contents of a primary vessel were poured, salt does not get cooked. Abaye said to him: Didn’t Rabbi Ḥiyya already teach that salt is not like a spice? Certainly he meant that in a secondary vessel it also gets cooked. And the Gemara remarks that this conclusion disputes the statement of Rav Naḥman, as Rav Naḥman said: Salt requires cooking for as long as the meat of an ox does, i.e., it requires extensive cooking. And some say a very different version of this: Rav Yosef thought to say that salt is like a spice, i.e., in a primary vessel it gets cooked, whereas in a secondary vessel it does not get cooked. Abaye said to him: Didn’t Rabbi Ḥiyya already teach that salt is not like a spice, meaning that in a primary vessel, it also does not get cooked? And that is precisely what Rav Naḥman said: Salt requires cooking for as long as the meat of an ox does. MISHNA: From a discussion of the halakhot of insulation and preparation for Shabbat followed by a brief tangent dealing with the prohibited labor of cooking on Shabbat, the mishna proceeds to briefly discuss prohibitions relating to set-aside [muktze] items in terms of Shabbat lamps. One may not place a vessel beneath the oil lamp, the vessel containing the oil and the wick, on Shabbat in order to receive the oil that drips from the wick. And if one placed the vessel on Friday while it was still day, it is permitted. However, in any case, one may not make use of the oil on Shabbat because it is not from the oil prepared from Shabbat eve for use on Shabbat. The oil in the lamp was already set aside and designated solely for the purpose of lighting the lamp. GEMARA: Rav Ḥisda said: Although the Sages said that one may not place a vessel beneath a hen preparing to lay an egg on Shabbat on an inclined surface, in order to receive its egg and prevent it from breaking when it falls; however, they permitted overturning a vessel onto an egg on Shabbat so that it will not be trampled and break. Rabba said: What is Rav Ḥisda’s reason? He holds that a hen is likely to lay its egg in a garbage dump and people or animals will oftentimes step on it, but it is not likely to lay its egg on an inclined surface where the egg could roll down and break. And in a common case of preservation, the Sages permitted overturning a vessel onto the egg that is located in the garbage dump to protect it from being broken. And in an uncommon case of preservation, i.e., placing a vessel beneath a hen to receive its egg so that it would not roll down an inclined surface, they did not permit doing so. Abaye raised an objection to Rabba’s opinion from a baraita: And is it so that in an uncommon case of preservation they did not permit taking steps to protect the object on Shabbat? Wasn’t it taught in a baraita: One whose barrel of untithed produce [tevel], which may not be eaten until it is tithed, broke on top of his roof on Shabbat, may bring a vessel and place it beneath the barrel so that the untithed produce is not lost. Even though eating untithed produce is prohibited on Shabbat, they permitted carrying a vessel to preserve it even in the uncommon case of a barrel that breaks. Apparently, even in an uncommon case of preservation the Sages permit taking the necessary steps. Rabba answered: This too, is a common case of preservation because it is an instance of new barrels [gulfei], which commonly break. Abaye raised another objection to Rabba’s opinion from the last mishna in this chapter: One may place a vessel beneath the oil lamp in order to receive burning sparks of oil that drip from the burning wick even though this is not common. Rabba answered: Sparks are also common and therefore, it is a common case of preservation. Abaye raised another objection to Rabba’s opinion from a baraita: One may overturn a bowl on the oil lamp so that the flame will not set fire to the beam. Apparently, the Sages permitted moving a vessel, even though this is not a common case of preservation. Rabba answered him: This is a case of low-ceilinged houses in which fires are common. And it is likewise difficult from a mishna: The beam of a roof that broke, one may support it with a bench and with the lengths of a bed frame so that it will not fall. Even though this is an uncommon case of preservation, it is permitted. Rabba answered: This is a case of new beams, which commonly break. This too is a common case of preservation. And Abaye raised another objection from a mishna: One may place a vessel beneath a leak in the ceiling on Shabbat. Apparently, even an uncommon case of preservation is permitted. Rabba answered: This is a case of new houses, which frequently leak. Rav Yosef said: This is the reasoning of Rav Ḥisda, who allowed covering a hen’s egg, but not placing a vessel underneath the hen, in order to receive the egg when it is laid: Because by receiving the egg in the vessel, he negates a vessel’s preparedness. Initially, the vessel was available for any use. Since it now contains an egg that may neither be used nor moved, the vessel too may no longer be carried. It is tantamount to breaking the vessel. Abaye raised an objection to Rav Ḥisda’s opinion, just as he had to Rabba’s opinion, from the Tosefta: One whose barrel of untithed produce, which may not be eaten until it is tithed, broke on Shabbat, may bring another vessel and place it beneath the barrel so that the untithed produce is not lost. Even though eating untithed produce is prohibited on Shabbat, they permitted carrying a vessel to preserve it even in the uncommon case of a barrel that breaks. Apparently, one is permitted to negate the vessel’s preparedness. Rav Yosef said to him: This is not difficult. Fundamentally, untithed produce is available for use on Shabbat. As, if one sins and prepares it for use by tithing it on Shabbat, it is prepared and may be eaten and carried. Abaye raised another objection from a mishna: One may place a vessel underneath the oil lamp in order to receive the burning sparks of oil that drip from the wick. Once the vessel is filled with the drops of oil, it will no longer be available. Rav Huna, son of Rav Yehoshua, said: Sparks have no substance. They burn and dissolve as they fall into the bowl and do not accumulate. Therefore, the vessel may still be used. And he also raised another objection from a mishna: A beam that broke, one may support it with a bench and with the lengths of a bed frame so that it will not fall. By doing so, he negates the preparedness of the bench or bed frame. He answered: This is a case in which the bench is loosely supporting the beam and not supporting its entire weight. If one wants to do so, he can take the bench. Therefore, the preparedness of the bench is not negated. And he also raised another objection from a mishna: One may place a vessel beneath a leak that is dripping from the ceiling on Shabbat. The dripping water has no use and is set-aside; therefore, the water negates the vessel’s preparedness. He answered him: This is a case of a leak that is suitable for drinking. Since it has a use, one is permitted to carry the water that is in the vessel. Consequently, he does not negate the vessel’s preparedness by placing it beneath the leak. And he also raised another objection from a Tosefta: One may overturn a basket in front of chicks so that they can climb on and climb off of it. By doing so, he negates the vessel’s preparedness due to the chicks, as moving them is prohibited on Shabbat. The Gemara answers: Rav Yosef holds that it is permitted to move the basket on Shabbat. The Gemara asks: Wasn’t it taught in a baraita that it is prohibited to move the basket? The Gemara replies: This prohibition was stated when they are still on it; however, once the chicks climbed off the basket, it may be carried immediately. The Gemara asks: Wasn’t it taught in a baraita that even though they are no longer on it, it is prohibited to move the basket? Consequently, the vessel’s preparedness is negated. Rabbi Abbahu said: That baraita is referring to the unique case where the chicks remained on top of the basket for the entire twilight period on Shabbat eve. This is in accordance with the principle: Since it was set aside from use during twilight of Shabbat eve, it was set aside for the entire day of Shabbat. The status of every vessel, i.e., whether or not it may be used on Shabbat, is determined at twilight. With regard to the basic halakha of a hen that lays an egg on Shabbat, Rabbi Yitzḥak said: Just as one may not place a vessel beneath a hen on Shabbat in order to receive its egg, so too, one may not overturn a vessel onto the egg so that it will not break. The Gemara explains that he holds: A vessel may only be carried on Shabbat for the sake of an object that may be carried on Shabbat. Since the egg may not be carried on Shabbat, it is prohibited to carry a vessel for its sake. The Gemara raises all of these objections that were raised to Rav Hisda’s opinion, which permitted doing so. And he answered: All of those halakhot are referring to cases where one needs to move the vessel that he is using for the set-aside item, because he requires its location. This is in accordance with the principle that once it is permitted, for whatever reason, to move any vessel, one may place it anywhere he chooses. To clarify whether or not the opinion of Rabbi Yitzḥak is valid, come and hear what was taught in a baraita: With regard to both an egg that was laid on Shabbat and an egg that was laid on a Festival, one may neither move it to cover a vessel with it, nor to support the legs of a bed with it. However, one may cover it with a vessel so that it does not break. This is contrary to Rabbi Yitzḥak’s opinion. Here too, it is referring to a vessel that one seeks to move because he requires its location. Since he was permitted to move it from its place, he is also permitted to cover an egg with it. Come and hear an additional proof from that which we learned: One may spread mats on top of stones on Shabbat. Apparently, it is permissible to move a vessel for the sake of something that may not be moved on Shabbat. The Gemara responds: This is a case of rounded rocks that are suitable to be used in the bathroom. Therefore, it is permitted to carry them on Shabbat. Come and hear another proof from that which we learned: One may spread mats on top of bricks on Shabbat. Bricks may not be used on Shabbat. Nevertheless, one is permitted to carry mats for the sake of bricks that are prohibited for use on Shabbat. The Gemara replies: This is referring to a case of bricks that are not set aside for construction, but are left over from a completed building and are suitable for people to lean on them. Consequently, they are like other household vessels, and moving them and moving mats to protect them is permitted. Come and hear another proof for this from that which we learned: One may spread a mat over a beehive on Shabbat in the sun due to the need to protect it from the sun, and in the rain due to the need to protect it from the rain, as long as he does not intend to trap the bees by covering them. In any event, apparently it is permitted to move a mat for the sake of the beehive even though the beehive itself may not be moved on Shabbat. The Gemara rejects this: With what are we dealing here? With a case where there is honey in the beehive. He is permitted to cover it for the sake of the honey. Rav Ukva from Meishan said to Rav Ashi: Granted, you could say this in the summer, as there is honey in the beehive during the summer. However, during the rainy season in which there is not honey in the beehive, what can be said according to Rabbi Yitzḥak to explain why it is permitted to cover the beehive at that time? The Gemara answers: This halakha is only applicable in order to permit covering the beehive for those two honeycombs that remain in the hive even during the rainy season so that the bees can feed off of them. The Gemara asks: Aren’t these honeycombs set aside for the bees alone? The Gemara responds: This is a case where one thought of them before Shabbat and, in his mind, prepared them to be eaten. The Gemara asks: By inference, if one did not think about them, what would be the ruling? It would be prohibited to cover the beehive. If so, this tanna who taught in that same baraita: As long as he does not intend to trap the bees, let him distinguish and teach with regard to that same halakha itself: In what case are these matters stated, that one is permitted to cover the hive? It is in a case where he thought of them before Shabbat. However, if he did not think of them, it is prohibited. The Gemara answers: This teaches us a novel understanding. Even though he thought of them before Shabbat, it is only permitted as long as he did not intend to trap them. With regard to the matter itself, the Gemara asks: In accordance with whose opinion is this baraita? If it is in accordance with the opinion of Rabbi Shimon, he does not hold that there is a prohibition of set-aside. Consequently, there is no distinction between the different beehives. If it is in accordance with the opinion of Rabbi Yehuda, when he does not have intention to trap the bees, what of it? Doesn’t Rabbi Yehuda hold that even an unintentional act is prohibited? The Gemara replies: Actually, this baraita is in accordance with the opinion of Rabbi Yehuda. What does: And as long as one does not intend to trap the bees, mean? It means that one should not make the mat like a trap. He must leave space so that the bees will not get trapped on their own. Rav Ashi said that it can be resolved differently: Did the baraita teach: In the summer and in the rainy season? Actually, it taught: In the sun due to the sun and in the rain due to the rain. That can be interpreted as follows: In the days of Nisan and in the days of Tishrei, as then there is sun shining and there is also cold weather; and there is rain and there is honey in the beehives. Rav Sheshet said to the Sages: Go out and tell Rabbi Yitzḥak in Eretz Yisrael: Rav Huna already explained your halakha in Babylonia. There is nothing novel in the principle that you established that a vessel may only be moved for the sake of something that may be moved, as Rav Huna said: One may make a partition for the dead for the benefit of a living person, and one may not make a partition for the dead for the benefit of the dead person. It is prohibited to move objects for the sake of a corpse because it is prohibited to move the corpse itself on Shabbat. The Gemara asks: What is the practical application of this halakha? As Rav Shmuel bar Yehuda said, and likewise the Sage, Sheila Mari taught in a baraita: A corpse that is laid out in the sun and there is concern that it will putrefy and smell, what can be done? Two people come and sit beside it. After a while, when they feel hot from beneath them, this one brings a bed and sits on it and that one brings a bed and sits on it on either side of the corpse, as they are permitted to carry the beds for their own use. When they feel hot from above them, they bring a mat and spread it over their heads. Then, this one stands his bed up so the mat will remain resting atop it and slips away and leaves, and that one stands his bed up and slips away and leaves, and a partition is then created over the corpse as if on its own without erecting it directly for the sake of the corpse. Apparently, the Sages did not permit carrying a mat to cover a corpse for the sake of the corpse. They only permitted doing so in an indirect manner for the benefit of the living. Incidental to the mention of halakhot related to a corpse on Shabbat, the Gemara cites an amoraic dispute in which it was stated: A corpse that was laid out in the sun, Rav Yehuda said that Shmuel said: One turns it over from bed to bed until it reaches the shade. Rav Hanina bar Shelamiyya said in the name of Rav: One places a loaf of bread or an infant on the corpse and moves it. The corpse becomes a base for an object that one is permitted to move on Shabbat and, consequently, one may move the corpse due to the permitted object. The Gemara adds: In a case where there is a loaf or an infant, everyone agrees that it is permitted to use that method to move the corpse. Where they argue is in a case where he does not have a loaf or an infant. One Sage, Rav, holds: Moving an object in an atypical manner is considered a bona fide act of moving. Therefore, one may not move the corpse by passing it from bed to bed. And the other Sage, Shmuel, holds that moving an object in an atypical manner is not considered moving. Therefore, it is permitted to move a corpse by passing it from bed to bed. With regard to this dispute between Rav and Shmuel, the Gemara remarks: Let us say that this dispute is parallel to a dispute between tanna’im in the Tosefta. The Rabbis said: One may not rescue a corpse from a fire on Shabbat. Rabbi Yehuda ben Lakish said: I heard that one may rescue a corpse from a fire. The Gemara seeks to clarify the matter: What are the circumstances? If there is a loaf or an infant available, what is the rationale for the opinion of the first tanna, who prohibited rescuing the corpse from the fire? If there is not a loaf or an infant, what is the reason of Rabbi Yehuda ben Lakish who permits rescuing the corpse from the fire? Rather, is it not that they disagree over moving an object in an atypical manner? As this Sage, the first tanna, holds that moving an object in an atypical manner is considered moving. Therefore, it is prohibited to rescue the corpse in that manner. And this Sage, Rabbi Yehuda ben Lakish, holds that moving an object in an atypical manner is not considered moving. Therefore, it is permitted to rescue the corpse in this manner. The amoraic dispute deals with an issue already disputed by the tanna’im. The Gemara rejects this: No, everyone, both tanna’im, agrees that moving an object in an atypical manner is considered moving. Rather, this is the rationale for the opinion of Rabbi Yehuda ben Lakish: Since a person is agitated about his deceased relative and is concerned about maintaining the dignity of the dead, if you do not permit him to move the corpse in an atypical manner, he will come to extinguish the fire. The Sages permitted performing an act prohibited by rabbinic law so that one will not come to transgress a Torah prohibition. Rabbi Yehuda ben Sheila said that Rav Asi said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Lakish with regard to the issue of rescuing a corpse from a fire. We learned in the mishna that one may not make use of the oil that drips from the candle on Shabbat because it is not among the oil prepared from Shabbat eve for use on Shabbat. With regard to this same issue, the Sages taught in a baraita: The remaining oil that is in the lamp or in a bowl in which a wick was burning is prohibited for use on Shabbat. However, Rabbi Shimon permits using the remaining oil as, according to his opinion, there is virtually nothing prohibited due to the prohibition of set-aside. MISHNA: The dispute in this mishna seems to be a local one; however, it is the key to several halakhot in the area of the prohibition of set-aside [muktze]. One may move a new oil lamp on Shabbat but not an old one that was already used. A lamp that was used is covered with soot and unsuitable for use. It is therefore considered set aside from use due to its disgusting nature. Rabbi Shimon says: All oil lamps may be moved on Shabbat except for an oil lamp that is burning on Shabbat, due to the concern that it might be extinguished. GEMARA: The Sages taught the dispute in the mishna in greater detail in a Tosefta: One may move a new oil lamp on Shabbat but not an old one; this is the statement of Rabbi Yehuda. Rabbi Meir says: All oil lamps may be moved on Shabbat except for an oil lamp that they kindled on that Shabbat. Rabbi Meir does not hold that one must distance himself from objects that are disgusting. However, since the lamp was burning on Shabbat, it may not be moved, as it is an object set aside due to prohibition for the entire Shabbat. Rabbi Shimon says: All lamps may be moved except for an oil lamp that is burning on Shabbat. If the flame was extinguished, one is permitted to move it. However, a cup and a bowl and a lantern that are full of oil with a wick lit in them, one may not move them from their place even after the flame is extinguished. And Rabbi Eliezer, son of Rabbi Shimon, says: One may supply himself with oil from an extinguished candle and from the oil that drips from the lamp, and even while the lamp is burning. Abaye said: Rabbi Eliezer, son of Rabbi Shimon, holds in accordance with the opinion of his father in one matter and disagrees with him in one matter. He holds in accordance with the opinion of his father in one matter, as he is not of the opinion that moving set-aside objects is prohibited. And he disagrees with him in one matter; as his father holds that if the flame was extinguished, yes, he may move it, if it was not extinguished, no, he may not move it. And Rabbi Eliezer holds: Even though the flame was not extinguished, it is permitted to carry the lamp and to use the oil that drips from it. In his opinion, doing so in no way extinguishes the flame and it is in no way comparable to extinguishing the flame. Following Rabbi Shimon’s statement, it was taught in the Tosefta: However, a cup, and a bowl, and a lantern, one may not move them from their place. The Gemara asks: What is different about these, that even Rabbi Shimon prohibits moving them? Ulla said: In the latter clause of this Tosefta, we came back to explain the opinion of Rabbi Yehuda, who prohibits moving items that are set-aside. Mar Zutra strongly objects to Ulla’s explanation: If so, what is the meaning of the word however in the phrase: However, a cup and a bowl, etc.? Rabbi Yehuda prohibited moving an oil lamp as well. In what way could the legal status of a bowl be any different? Rather, Mar Zutra said: Actually, this must be explained differently. That phrase was stated by Rabbi Shimon. And when Rabbi Shimon permitted moving a lamp, that was in the case of a small lamp, which he has in mind, i.e., he is certain that the flame will be extinguished on Shabbat and that he will have the opportunity to use the remaining oil that day. However, these, the bowl and the lantern, which have much oil, no, he does not expect them to be extinguished and he sets them aside from use for the entire Shabbat. The Gemara asks: Wasn’t it taught in a baraita: Using the remaining oil that is in an oil lamp or in a bowl is prohibited on Shabbat, and Rabbi Shimon permits using it. Apparently, Rabbi Shimon does not distinguish between a candle and a bowl. The Gemara answers: There, where Rabbi Shimon permitted a bowl, was specifically in a case where it is similar to a lamp, i.e., a small bowl in which the flame will quickly extinguish. Here, where Rabbi Shimon prohibited using the oil remaining in a bowl, it is referring to a bowl that is similar to a cup, which is large. Rabbi Zeira said: A metal candlestick [pamot] that was kindled on Shabbat, according to Rabbi Shimon, who permits moving a lamp, it is prohibited because it is large. Whereas, according to Rabbi Yehuda, who prohibits moving a lamp, a metal candlestick is permitted because it does not become disgusting (Rabbeinu Ḥananel). The Gemara asks: Is that to say that Rabbi Yehuda is of the opinion that an object that is set-aside [muktze] due to repugnance may not be moved, and he is not of the opinion that an object that is set-aside due to prohibition may not be moved, and therefore permits moving the candlestick? Wasn’t it taught in a baraita that Rabbi Yehuda says: All metal candlesticks may be moved on Shabbat with the exception of a candlestick that was kindled on Shabbat itself? Apparently, he prohibits moving the metal candlestick, not because it is disgusting but because it is set-aside due to prohibition. Rather, if it was stated, it was stated as follows, Rabbi Zeira said: A metal candlestick that was kindled on Shabbat, everyone agrees that it is prohibited. One that was not kindled on Shabbat, everyone agrees that it is permitted because it is neither set aside due to prohibition nor set aside due to repugnance. Rav Yehuda said that Rav said: A bed which one designated to place money upon it may not be moved on Shabbat because it is set-aside. It is prohibited even though it no longer has money upon it. Rav Naḥman bar Yitzḥak raised an objection to Rav Yehuda from our mishna: One may move a new oil lamp on Shabbat but not an old one. He explains his objection: And just as a lamp, which is made for this purpose, for lighting, when he did not light it, he is permitted to move it, a bed, which is not made for that purpose, for placing money on it, all the more so moving it would be permitted. Rather, if it was stated, it was stated as follows: Rav Yehuda said that Rav said: A bed that one designated for money to be placed upon it, if one left money upon it one day, it becomes designated for that purpose and it is prohibited to move it on Shabbat. If one did not leave money upon it, it is permitted to move it on Shabbat. A bed, which one did not designate for money to be placed upon it, if there is money upon it on Shabbat itself, it is prohibited to move it on Shabbat. If there is not money on it, it is permitted to move it. And that is only when there was not money on it during the twilight period between Shabbat eve and Shabbat. If there was money on it at that time, the bed itself becomes set aside due to prohibition for the entire Shabbat, even if the money fell off the bed in the course of the day. Ulla said: Rabbi Eliezer raised an objection to Rav’s statement from that which we learned in a mishna. This mishna deals primarily with the laws of ritual impurity and discusses the relationship between a wagon and its undercarriage [mukheni], the system of wheels and the frame at the base of the wagon. And the Sages said: The wagon’s undercarriage, when it is detachable from the wagon, it is not considered connected to it and they are considered independent units as far as the halakhot of ritual impurity are concerned. And it is not measured with it. This refers to calculating the volume of forty se’a, as a vessel with a volume larger than forty se’a does not have the legal status of a vessel and cannot become ritually impure. And the undercarriage likewise does not protect together with the wagon in a tent over the corpse. A large wagon is considered a tent in and of itself and the vessels inside the wagon do not become impure if the wagon is over a corpse. However, the undercarriage is not included with the wagon in this regard. If a hole in the wagon is sealed by the undercarriage, it is not considered sealed with regard to preventing ritual impurity. And, likewise, one may not pull the wagon on Shabbat when there is money upon it. By inference: If there is not money on it, one is permitted to move the wagon even though there was money on it at twilight. In this mishna, the prohibition is contingent exclusively on whether or not there is money on the wagon at that time. The Gemara answers: That mishna is in accordance with the opinion of Rabbi Shimon, who is not of the opinion that there is a prohibition of set-aside. And Rav holds in accordance with the opinion of Rabbi Yehuda. Since according to Rabbi Yehuda there is a prohibition of set-aside, the wagon became set aside from use during the twilight period and remains prohibited for the entire Shabbat. The Gemara adds: So too, it is reasonable to say that Rav holds in accordance with the opinion of Rabbi Yehuda, as Rav said: One may place a lamp atop a palm tree on Shabbat eve to burn on Shabbat, and one may not place a lamp atop a palm tree on a Festival. Granted, if you say that Rav holds in accordance with the opinion of Rabbi Yehuda in this matter; that is why there is a distinction between Shabbat and a Festival. Since the lamp is set-aside [muktze] on Shabbat one will not come to carry it. Since one is permitted to carry a lamp on a Festival, there is concern that one might climb the palm tree or make use of the tree on the Festival and thereby transgress the rabbinic prohibition against making use of something connected to the ground on a Festival. However, if you say that Rav holds in accordance with the opinion of Rabbi Shimon, who maintains that the lamp is not set-aside even on Shabbat, what difference is there to me between Shabbat and a Festival? Ostensibly, there should be no distinction between the two. The Gemara asks: And does Rav really hold in accordance with the opinion of Rabbi Yehuda that it is prohibited to move an object that is set-aside? Didn’t they raise a dilemma before Rav: What is the ruling with regard to moving a Hanukkah candle from before the ḥabarei, Persian Zoroastrian fire priests, on Shabbat? Those priests prohibited lighting fires on certain days. In order to prevent them from discovering that he lit Hanukkah candles it was necessary to quickly move them. And he said to them: One may well do so. Apparently, Rav does not hold that there is a prohibition of set-aside. The Gemara answers: This is not a proof, as exigent circumstances are different and Rav permitted this due to the danger involved. As Rav Kahana and Rav Ashi said to Rav on this matter: Is that the halakha? He said to them: Rabbi Shimon is worthy to rely upon in exigent circumstances like this one. On this same matter Reish Lakish raised a dilemma before Rabbi Yoḥanan: Wheat kernels that he sowed in the ground that have not yet taken root and he could still gather them, and eggs that were placed beneath the hen and the incubation process has begun, what is the halakha in these cases? Would Rabbi Shimon agree that in these cases it is prohibited for use on Shabbat? One side of the dilemma is: When is Rabbi Shimon not of the opinion that there is a prohibition of set-aside? In a case where one did not reject the object with his own hands, i.e., he did not perform an action setting the object aside. However, in a case where he rejected it with his own hands, he is of the opinion that there is a prohibition of set-aside. When he sowed the wheat, he rejected it with his own hands. The same is true with regard to the egg; by placing it under the hen to hatch, he actively rejected it. The other side of the dilemma is: Or, perhaps there is no difference between the cases and Rabbi Shimon holds that there is no prohibition of set-aside in either case. Rabbi Yoḥanan said to him: There is only a prohibition of set-aside, according to Rabbi Shimon, in the case of oil that is in the lamp while it is burning. Since it was set aside for its mitzva, the lighting of Shabbat candles, and it was also set aside for its prohibition, it is prohibited due to the concern that one might inadvertently extinguish the flame if he moves it while it is burning. The Gemara asks: And does he not hold that the prohibition of set-aside applies to an object set aside only for its mitzva without any prohibition? Wasn’t it taught in a baraita: One who roofed the sukka in accordance with its halakhic requirements and decorated it for aesthetic purposes with colored hangings and tapestries, and hung as decorations nuts, peaches, almonds and pomegranates, and grape branches, and wreaths made of stalks, wine, oils, and fine flour, it is prohibited to supply himself from them until the conclusion of the last day of the Festival. Since they were all set aside for the mitzva of sukka, all other uses are prohibited. And if one stipulated at the time that he hung them in the sukka that he is not designating them exclusively for this purpose, but he intends to use them for other purposes as well, their use is entirely in accordance with his stipulation. He is permitted to use them as he chooses. And from where do we know that this unattributed baraita is in accordance with the opinion of Rabbi Shimon? We ascertained this from a comparison to a baraita that was taught by Rabbi Ḥiyya bar Yosef. As Rabbi Ḥiyya bar Yosef taught before Rabbi Yoḥanan: One may not take wood from the sukka that was constructed for shade on any Festival, even if the wood fell from the sukka on the Festival. Because it is prohibited to destroy the sukka on the Festival, it was set aside before the Festival for the entire duration of the Festival. Rather, one may take wood only from what is beside the sukka, i.e., bundles of wood that are not being used for the sukka. When he placed them there, his intention was to use them during the Festival. And Rabbi Shimon permits taking wood even from the sukka itself, since he holds that there is no prohibition of set-aside. And Rabbi Yehuda and Rabbi Shimon agree that taking wood from the sukka constructed for the Sukkot festival is prohibited during the Festival. And if one stipulated about the wood that he will be able to use it during the Festival, everything is in accordance with his stipulation. Apparently, Rabbi Shimon prohibits using an object that was set aside due only to a mitzva, even though it was not set aside due to a prohibition. Therefore, the Gemara emends Rabbi Yoḥanan’s statement: There is no halakha of set-aside according to Rabbi Shimon except in a case similar to oil in the candle. It is not necessary that there be both a prohibited labor and a prohibition due to the mitzva. Rather, since it was set aside for the mitzva alone, it is thereby set aside for the prohibition. It was also stated: Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: There is only a prohibition of set-aside according to Rabbi Shimon in a case similar to oil in the candle while it is burning; since it was set aside for its mitzva, it was set aside for its prohibition. Rav Yehuda said that Shmuel said: There is only a prohibition of set-aside according to Rabbi Shimon in the cases of dried figs and raisins alone. The case of one who takes figs and raisins up to his roof in order to dry them in the sun is the only situation in which Rabbi Shimon holds that they are prohibited on Shabbat due to the prohibition of set-aside. Since in the initial stages of the process they emit a bad odor and are unfit for consumption, one consciously sets them aside. The Gemara challenges: And other items are not included in the prohibition of set-aside? Wasn’t it taught in a baraita: One who was eating figs and left some over and took them up to the roof to make them into dried figs, and likewise one who was eating grapes and left some over and took them up to the roof to make them into raisins, one may not eat them on Shabbat unless he designates them to be eaten before Shabbat. Otherwise, they are prohibited as set-aside. And you would say the same with regard to peaches, and quinces, and all other types of fruit that one left out to dry. It is prohibited to eat them all on Shabbat due to set-aside. The Gemara seeks to clarify: Whose opinion is it in the baraita? If you say that it is the opinion of Rabbi Yehuda, this baraita is superfluous. If in a case where one did not reject it with his own hands, he holds that there is a prohibition of set-aside, in a case where he rejected it by his own hand, all the more so that it is prohibited. There is no need to articulate the halakha in this unique case. Rather, isn’t this baraita in accordance with the opinion of Rabbi Shimon? Apparently, he expands the halakhot of set-aside beyond dried figs and raisins. The Gemara rejects this: Actually, this halakha is in accordance with Rabbi Yehuda who holds that there is a prohibition of set-aside. And the case cited here, where he was eating figs, is necessary in order to teach us a novel halakha. It may enter your mind to say that since one was in the course of eating, he does not require prior designation; and if he changed his mind he may immediately retrieve the dried figs that he placed on the roof. Therefore, the baraita teaches us that since he brought them up to the roof, he diverted his attention from them and they are completely set-aside. On the same topic: Rabbi Shimon bar Rabbi Yehuda HaNasi, raised a dilemma before his father, Rabbi Yehuda HaNasi: Unripe dates that are placed in baskets to ripen and until they are ripe can only be eaten with difficulty, according to the opinion of Rabbi Shimon, what is their legal status as far as moving them on Shabbat is concerned? Are they considered set-aside? Rabbi Yehuda HaNasi said to him: There is only a prohibition of set-aside according to Rabbi Shimon in the cases of dried figs and raisins alone. The Gemara challenges this: And does Rabbi Yehuda HaNasi not hold that there is a prohibition of set-aside? Didn’t we learn in a mishna that on a Festival, before they are slaughtered, one may neither give water to, in order to ease removal of their hides, nor slaughter non-domesticated, desert animals, animals that are always grazing in the fields? Since people do not generally tend to them, they are considered set-aside and may not be used. However, one may give water to and slaughter domesticated animals. And it was taught in a baraita that these are non-domesticated, desert animals: Any animals that leave their sheds on Passover and only enter their sheds with the advent of the rainy season. Domesticated animals are any animals that go out to graze beyond the city limits, and come and sleep within the city limits. Rabbi Yehuda HaNasi says: These and those are both domesticated. And these are the non-domesticated, desert animals that are prohibited due to the prohibition of set-aside: Any animals that graze in the grazing area and neither enter the town during the summer nor during the rainy season. It is these animals that it is prohibited to give water to or slaughter on a Festival. Apparently, Rabbi Yehuda HaNasi holds that there is a prohibition of set-aside even in the case of animals. Several resolutions are proposed to this contradiction: If you wish, say that these non-domesticated animals that graze in the grazing areas throughout the year are also considered like dried figs and raisins. Even Rabbi Shimon would agree to this halakha. And if you wish, say instead: When Rabbi Yehuda HaNasi told his son that answer, he was saying it to him in accordance with the opinion of Rabbi Shimon, and he himself does not hold that way. And if you wish, say instead: In that baraita, he spoke to them in accordance with the statement of the Rabbis, and this is how his statement must be understood: In my opinion I do not hold that there is a prohibition of set-aside at all. However, according to your opinion, at least agree with me that animals that leave their sheds on Passover and only enter their sheds with the advent of the rainy season are domesticated. And the Rabbis said to him: No, those are non-domesticated animals. As to the essential dispute with regard to the laws of set-aside, Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They said that the halakha is in accordance with the opinion of Rabbi Shimon who holds that there is no prohibition of set-aside. The Gemara asks: Did Rabbi Yoḥanan actually say this? Didn’t an Elder from Keruya, and some say that he was from Seruya, raise a dilemma before Rabbi Yoḥanan: With regard to a hen’s roost, what is its legal status as far as moving it on Shabbat is concerned? Rabbi Yoḥanan said to him: Isn’t the roost made exclusively for hens to be inside it? Since it is not designated for use by people, moving it is prohibited. Apparently, he holds in accordance with the opinion of Rabbi Yehuda with regard to set-aside. The Gemara answers: With what are we dealing here? With a special case, when there is a dead chick in the roost. Moving the roost is prohibited due to the dead chick, which is set-aside. The Gemara continues to ask: This works out well according to the opinion of Mar bar Ameimar in the name of Rav, who said: Rabbi Shimon agreed in the case of animals that died on Shabbat, that they are prohibited on Shabbat due to set-aside. However, according to the opinion of Mar, son of Rav Yosef, in the name of Rava, who said: Rabbi Shimon was in disagreement even in the case of animals that died, and said that they are permitted and are not prohibited as set-aside, what can be said? The Gemara responds: With what are we dealing here? With a case where there is an egg that was laid on Shabbat in the roost. Because it was laid on Shabbat it is considered set-aside, and using the egg is prohibited. The thought of using it never entered anyone’s mind before Shabbat. The Gemara asks: Didn’t Rav Naḥman say: One who is of the opinion that there is a prohibition of set-aside, is also of the opinion that there is a prohibition of an object that came into being on Shabbat or on a Festival; and one who is not of the opinion that there is a prohibition of set-aside, is also not of the opinion that there is a prohibition of an object that came into being. This case is no different than other cases of set-aside. The Gemara responds: This is referring to a case where the roost has an egg with a chick in it. Even Rabbi Shimon would agree that moving an egg of that sort is prohibited since it is fit for neither human nor animal consumption. This explanation was cited to explain that Rabbi Yoḥanan could hold in accordance with the opinion of Rabbi Shimon. However, when Rav Yitzḥak, son of Rabbi Yosef, came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda that there is a prohibition of set-aside. And Rabbi Yehoshua ben Levi said: The halakha is in accordance with the opinion of Rabbi Shimon, that there is no prohibition of set-aside. Rav Yosef said: That is what Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They said that the halakha is in accordance with the opinion of Rabbi Shimon. The inference is: They said; however, he himself does not hold that this is the halakha. Abaye said to Rav Yosef: And you yourself did not hold that Rabbi Yoḥanan rules in accordance with the opinion of Rabbi Yehuda, even before Rav Yitzḥak came and cited this statement in his name? Didn’t Rabbi Abba and Rabbi Asi happen to come to the house of Rabbi Abba who was from the city Haifa, and a candelabrum fell onto Rabbi Asi’s cloak and he did not move it? What is the reason that he did not lift it? Is it not because Rabbi Asi was a student of Rabbi Yoḥanan, and Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Yehuda, who holds that there is a prohibition of set-aside? Apparently, Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Yehuda. Rav Yosef said to Abaye: Candelabrum you say; are you citing a proof from the case of a candelabrum? A candelabrum is different because there is a unique halakha in that case. As Rabbi Aḥa bar Rabbi Ḥanina said that Rabbi Asi said that Reish Lakish issued a ruling in the city of Sidon: A candelabrum that can be moved in one of his hands, one is permitted to move it on Shabbat. However, if it is so heavy that one must move it with his two hands, it is prohibited to move it. And Rabbi Yoḥanan said: We have permission to carry only in the case of an oil lamp, according to the opinion of Rabbi Shimon. However, with regard to a candelabrum, both one that is carried in one hand and one that is carried in two hands, it is prohibited to move it. The Gemara asks: And what is the reason that there is a unique prohibition in the case of a candelabrum? Rabba and Rav Yosef both said: Since a person usually designates a fixed place for it due to its size and its use, it is considered a built-in part of the house, and moving the candelabrum is like dismantling the house. Abaye said to Rav Yosef: A groom’s canopy is an object for which a person designates a set place, and, nevertheless, Shmuel said in the name of Rabbi Ḥiyya: With regard to a groom’s canopy, it is permitted to assemble it and it is permitted to dismantle it on Shabbat. If a permanent object like that one may be assembled on Shabbat and there is no concern for the prohibition of building, all the more so it should not be considered building and dismantling in the case of a candelabrum. Rather, Abaye said: Here it is referring to a special candelabrum made of joints, removable parts, and there is concern lest it fall and break into its component parts when it is moved, and one may come to reassemble it, which would be tantamount to crafting a vessel on Shabbat. The Gemara asks: If so, if it is referring to that type of candelabrum, what is the reason for the opinion of Rabbi Shimon ben Lakish who permits moving the candelabrum? The Gemara replies: It is not referring to a candelabrum that can actually be dismantled. Rather, what is the meaning of joints? Similar to joints, i.e., there are grooves in it and it appears as if it is made of different components. Therefore, in summary: With regard to a candelabrum made of actual joints, both one that is large and one that is small, it is prohibited to move it. In addition, a large candelabrum that has grooves, everyone agrees that it is prohibited to move it by rabbinic decree, which was issued due to a large candelabrum made of joints. Because it is common for a large candelabrum to be made of joints, if one saw someone carrying a large, grooved candelabrum, he would mistakenly assume that it had joints due to the similarity between them, and would mistakenly permit carrying a large candelabrum actually composed of joints. Where Rabbi Yoḥanan and Reish Lakish disagree is in the case of a small candelabrum that has grooves. This Sage, Rabbi Yoḥanan, holds that we issue a decree prohibiting moving even a small, grooved candelabrum due to a large one. And this Sage, Reish Lakish, holds that we do not issue a decree. Because a small candelabrum is not typically made of joints, everyone realizes that the grooves are strictly decorative. The Gemara questions: And did Rabbi Yoḥanan actually say that the halakha is in accordance with the opinion of Rabbi Yehuda? Didn’t Rabbi Yoḥanan state the following principle: The halakha is in accordance with an unattributed mishna? And we learned in the mishna that discusses ritual impurity of a wagon with a detachable undercarriage: The wagon’s undercarriage, when it is detachable from the wagon, it is not considered connected to it and they are considered independent units as far as the halakhot of ritual impurity are concerned. And it is not measured with it. This refers to calculating the volume of forty se’a, as a vessel with a volume larger than forty se’a does not have the legal status of a vessel and cannot become ritually impure. And the undercarriage likewise does not protect together with the wagon in a tent over the corpse. A large wagon is considered a tent in and of itself, and the vessels inside the wagon do not become impure if the wagon is over a dead body. However, the undercarriage is not included with the wagon in this regard. If a hole in the wagon is sealed by the undercarriage, it is not considered to be sealed with regard to preventing ritual impurity. And, likewise, one may not pull the wagon on Shabbat when there is money upon it. By inference: If there is not money on it, one is permitted to move the wagon even though there was money on it at twilight. An object that was set aside at twilight is set aside for the entire Shabbat. In this mishna, moving the wagon is permitted. Clearly, the unattributed mishna is in accordance with the opinion of Rabbi Shimon, who holds that there is no prohibition of set-aside. Why, then, did Rabbi Yoḥanan, who always rules in accordance with an unattributed mishna, not rule in accordance with the opinion of Rabbi Shimon? Rabbi Zeira said: Let our mishna apply only to a case in which there was no money on the wagon throughout the entire duration of twilight. This strained interpretation is accepted so as not to contradict and reject Rabbi Yoḥanan’s statement. Rabbi Yehoshua ben Levi said: One time, Rabbi Yehuda HaNasi went to the town of Deyosfera, and issued a ruling with regard to a candelabrum in accordance with the ruling that Rabbi Shimon made with regard to an oil lamp. This description is insufficiently clear, therefore a dilemma was raised before the Sages: Does this mean that he issued a ruling in the case of a candelabrum, like the ruling that Rabbi Shimon made in the case of an oil lamp, to permit moving it? Or, perhaps, he issued a ruling in the case of a candelabrum to prohibit moving it, and in another case he ruled in accordance with the ruling that Rabbi Shimon made in the case of an oil lamp, to permit moving it. There was no resolution found to this dilemma and therefore it stands unresolved. It is told that Rav Malkiya happened to come to the house of Rabbi Simlai and moved an extinguished oil lamp, and Rabbi Simlai became angry, as in his opinion it is prohibited to move an oil lamp because it is set-aside. Likewise, Rabbi Yosei the Galilean happened to come to the place of Rabbi Yosei, son of Rabbi Ḥanina, and moved an oil lamp, and Rabbi Yosei, son of Rabbi Ḥanina, became angry. The Gemara also relates that Rabbi Abbahu, when he happened to come to the place of Rabbi Yehoshua ben Levi, he would move an oil lamp. However, when he happened to come to the place of Rabbi Yoḥanan, he would not move an oil lamp. The Gemara wondered: Whichever way you look at it there is a difficulty. If he holds in accordance with the opinion of Rabbi Yehuda, let him act in accordance with the opinion of Rabbi Yehuda everywhere and refrain from moving the lamp. And if he holds in accordance with the opinion of Rabbi Shimon, let him act in accordance with the opinion of Rabbi Shimon everywhere and move the oil lamp. The Gemara answers: Actually, it can be explained that Rabbi Abbahu holds in accordance with the opinion of Rabbi Shimon; however, in deference to Rabbi Yoḥanan he did not act accordingly, so as not to act contrary to his ruling in the place where he was the authority. With regard to the halakhot of moving lamps on Shabbat, Rav Yehuda said: With regard to an extinguished oil lamp, it is permitted to move it, whereas a naphtha lamp, it is prohibited to move it. Since the smell of naphtha is unpleasant, the lamp is used exclusively for lighting. Therefore, moving it is prohibited. Rabba and Rav Yosef both said: With regard to a naphtha lamp, too, it is permitted to move it. The Gemara relates: Rav Avya happened to come to Rava’s house. His feet were dirty with clay and he put them on the bed before Rava. Rava became angry at him for dirtying the bed and, therefore, sought to torment him with questions that he could not answer. Rava said to him: What is the reason that Rabba and Rav Yosef both said that with regard to a naphtha lamp, too, that it is permitted to move it? Rav Avya said to him: Since it is suitable to cover a vessel with it. Rava said to him: But if that is so, all pebbles in the yard may also be carried ab initio on Shabbat, since it is suitable to cover a vessel with them. Rav Avya said to him: There is a distinction between these cases. This, the lamp, the status of a vessel applies to it and there are leniencies that apply to vessels with regard to the halakhot of set-aside. These, the pebbles, the status of a vessel does not apply to it, as they are a raw material. Carrying them is prohibited unless designated for a specific purpose before Shabbat. Was it not taught in a baraita that bracelets, nose-rings and rings, although it is prohibited to go out into the public domain wearing them on Shabbat, they are like all the vessels that may be moved in the courtyard; in the private domain, one may move them and they are not set-aside. And Ulla said: What is the reason that it is permitted to move nose-rings in the yard? It is because the status of a vessel applies to it. Apparently, vessel status is sufficient to permit moving it on Shabbat. Rav Naḥman bar Yitzḥak said: Thank God that Rava did not embarrass Rav Avya and Rav Avya managed to successfully answer Rava’s questions. Abaye raised a contradiction before Rabba citing two sources with regard to set-aside on Shabbat. It was taught in a baraita: With regard to the remaining oil that is in an oil lamp and in a bowl in which a wick was lit, it is prohibited to use it on Shabbat and Rabbi Shimon permits using it. Apparently, Rabbi Shimon is not of the opinion that there is a prohibition of set-aside. And a contradiction is raised from a parallel source, in which the Sages discussed the halakha of the firstborn of a kosher animal that developed a blemish on a Festival. The firstborn must be examined to determine whether or not that type of blemish disqualifies the animal from being sacrificed as an offering. If it is disqualified, it may be redeemed, slaughtered, and eaten as non-sacred meat on the Festival. Rabbi Shimon says: Any firstborn animal whose blemish is not perceptible before the Festival is not among the animals prepared prior to the Festival for use on the Festival, and it is prohibited to slaughter it. Apparently, an item not prepared in advance has set-aside status according to Rabbi Shimon. Rabba said to him: How can you compare these cases? There, in the case of the lamp, a person sits and anticipates when his candle will be extinguished. It is clear to him that it will be extinguished, and he can safely assume that a certain amount of oil will remain in the lamp or the bowl. Here, does a person sit and anticipate when a blemish will befall his animal? The owner of the animal says: Who says that a blemish will befall his animal? And even if you say that a blemish will befall it, who says that a permanent blemish that would enable it to be slaughtered will befall it? And even if you say that a permanent blemish will befall it, who says that a Sage will agree to engage in examining the blemish? Since there are so many uncertainties involved, if the blemish is not perceptible before the Festival, the possibility of the firstborn animal becoming available does not enter a person’s mind at all. Rami bar Ḥama raised an objection to this last point from that which we learned in a mishna: One may nullify vows on Shabbat. A woman who vowed that certain food is prohibited to her, her husband can nullify her vow on Shabbat. And likewise one may request that a Sage find an opening to dissolve his vows, i.e., a factor that the one taking the vow failed to take into account or an element of regret, if that nullification or dissolution is for the purpose of Shabbat. The question arises: And why, after a man has nullified his wife’s vow, should she be permitted to eat that food? When the woman vowed not to eat that food, she consciously set it aside. Even if some way to dissolve the vow is found, the food should remain set-aside. On the basis of the same uncertainty that was raised above, say: Who says that her husband will agree to engage in nullifying her oath? Perhaps he will refuse to nullify it. The Gemara answers: There, in the case of vows, it can be explained in accordance with that which Rav Pineḥas said in the name of Rava, who came to explain some of the fundamentals of the halakhot of vows, as Rav Pineḥas said in the name of Rava: Every woman who takes a vow, it is from the outset contingent on her husband’s consent that she takes the vow. Since she knows that her husband has the ability to nullify it, her vows are not absolute and their final validation comes only through her husband’s agreement. When a woman vows, she does not set aside the food absolutely from potential use. Moreover, the Gemara cites proof for this from that which was taught: Come and hear: One may request that a Sage dissolve his vows for the purpose of Shabbat on Shabbat, i.e., one who vowed on Shabbat that eating on that day is prohibited for him. And why is he permitted to eat something that was prohibited to him by his vow? Say again: Who says that the Sage will agree to engage in dissolution of his vow? Consequently, one has certainly diverted his attention from the food, set it aside, and it should be prohibited to eat it. The Gemara answers: Nevertheless, there is a difference, as there, in the halakhot of vows, even if the Sage does not agree to engage in dissolution of his vow, he can suffice with renouncing the vow before three common people. Even though it is preferable to have a Sage dissolve his vow, in exigent circumstances one may turn to a court of three common people to dissolve it. He will certainly find a way to dissolve his vow. However, here, in the case of the firstborn animal, who says that the Sage will agree to engage in examination of the blemish? In the halakhot of firstborn animals only an ordained Sage, who received special license to do so, is authorized to verify that it is a permanent blemish and permit redemption and slaughter of the animal as a non-sacred animal. Abaye raised a contradiction before Rav Yosef: Did Rabbi Shimon actually say that when a lamp is extinguished, it is permitted to move it on Shabbat? By inference: After it is extinguished, yes, moving it is permitted; so long as it is not extinguished, no, moving it is prohibited. What is the reason that it is prohibited to move a burning candle? It is due to concern that perhaps, as he moves the lamp, the flame will be extinguished. However, is Rabbi Shimon really concerned that a flame will be extinguished under those circumstances? Didn’t we learn that Rabbi Shimon stated a principle: An unintentional act, a permitted action from which an unintended prohibited labor ensues on Shabbat, since he did not intend to perform the prohibited action, is permitted? As it was taught in a baraita, Rabbi Shimon says: A person may drag a bed, chair, and bench on the ground, as long as he does not intend to make a furrow in the ground. Even if a furrow is formed inadvertently, one need not be concerned. Since that was not his intention, there is no prohibition according to Rabbi Shimon. Consequently, according to Rabbi Shimon there should be no prohibition in moving a burning candle, even though it may be extinguished. Since that is not the intention of the one moving it, no prohibition would be violated. The Gemara answers that there is a distinction between the cases: In every case where if he intends to perform the action, there is a prohibition by Torah law, e.g., extinguishing a candle; even when he does not intend to do so, Rabbi Shimon issued a decree prohibiting it by rabbinic law. However, in every case where even if he intends to perform the action, there is merely a prohibition by rabbinic law, e.g., digging a furrow which is not a full-fledged act of plowing that is prohibited by Torah law, but is prohibited only by rabbinic law, when he does not intend to perform the action, Rabbi Shimon even permits performing this action ab initio. Rava raised an objection to this distinction from that which we learned in a mishna: Clothing merchants who sell garments made of diverse kinds, a prohibited mixture of wool and linen, may sell them as they normally would to gentiles. A merchant may place the garments he is selling on his shoulders and need not be concerned about the prohibition against wearing diverse kinds, as long as the merchant does not intend to benefit from the garments in the sun as protection from the sun, or in the rain as protection from the rain. However, the modest people, those who are particularly meticulous in their performance of mitzvot, would suspend the wool and linen garments on a stick behind them. And here, isn’t it a case where if one intends to wear the clothing, there is a prohibition by Torah law, and even so when he does not intend to wear it, Rabbi Shimon permits it ab initio. Apparently, Rabbi Shimon does not distinguish between cases on that basis. Rather, Rava said a different explanation for Rabbi Shimon’s prohibition in the case of an oil lamp: Leave the candle, oil, and wick, since they became a base for a prohibited object. Even Rabbi Shimon agrees that a flame burning on Shabbat is set-aside. Since it is prohibited to move the flame, moving the lamp, oil, and wick is also prohibited. Rabbi Zeira said that Rabbi Asi said that Rabbi Yoḥanan said that Rabbi Ḥanina said that Rabbi Romanus said: Rabbi Yehuda HaNasi permitted me to carry a coal pan with its ashes. Rabbi Zeira said to Rabbi Asi: Did Rabbi Yoḥanan actually say that? Didn’t we learn in a mishna: A person may carry his son in his hands and even if the son has a stone, which is prohibited to carry, in his hands; or, one may carry a basket with a stone inside it? And Rabba bar bar Ḥana said that Rabbi Yoḥanan said: We are dealing with a basket that is full of fruit. Due to the fruit, carrying the stone is also permitted. The reason for the leniency is because there is fruit inside the basket; however, if there is no fruit inside it, no, one may not move it. With regard to the coal pan that is filled with ashes, how can moving it be permitted according to Rabbi Yoḥanan? “He was astonished for a while” (Daniel 4:16) and could not find an answer. And, ultimately, Rabbi Asi said: Here, too, it is referring to a case where the coal pan has bits of frankincense that were not yet burned. Due to those bits, moving the pan is permitted. Abaye said: Are small bits in the house of Rabbi Yehuda HaNasi significant? Since they are not significant, they are nullified by the ashes and the mixture is entirely unsuitable for use. And if you say: The bits are suitable for the poor. We will explain that the value of an object is determined not by its context, but by its intrinsic value. Wasn’t it taught in a baraita that there is a difference with regard to the halakhot of ritual impurity between garments belonging to poor people, which can become ritually impure even if they are very small, and garments belonging to the wealthy, which are not considered significant unless they contain a larger amount of fabric? Garments the size of poor people’s clothing are for the poor, and garments the size of rich people’s clothing are for the rich; however, clothes of the poor for the rich are not significant. Apparently, the significance of an object is determined by its context and its owner. Rather, Abaye said an alternative explanation: The halakha here is just as it is in the case of a chamber pot of feces. Since it is disgusting, removing it from the house is permitted, even though clearly there is no use for it. Rava said: There are two answers to reject this analogy: One, a chamber pot with feces is disgusting, and the coal pan is not disgusting. And furthermore: A chamber pot with feces is uncovered and smells, and the coal pan is covered. Rather, Rava said an alternative explanation: When we were at the house of Rav Naḥman we would move a coal pan [kanuna] on account of the ashes, and we did this even though there were broken pieces of wood on it. Since the ashes can be used to cover filth, it is not set-aside and the coal pan may be moved due to the ashes. Even if there were also broken sticks on the pan that are useless, nevertheless they are nullified by the ashes. The Gemara raises an objection to this last remark from that which was cited previously: And Rabbi Yehuda and Rabbi Shimon agree that if there were fragments of a wick in the lamp, that it is prohibited to move it. Apparently, these fragments are not null and render the entire lamp set-aside. Abaye said: No proof can be cited from that baraita because they taught it in the Galilee, where oil is abundant and inexpensive. That is why broken wicks are not nullified relative to the oil (Rav Nissim Gaon). The Gemara relates that Levi bar Shmuel found Rabbi Abba and Rav Huna bar Ḥiyya, who were standing at the entrance of Rav Huna’s house. Levi bar Shmuel said to them: What is the halakha with regard to reassembling a weaver’s loom, which was typically a collapsible frame, on Shabbat? He said to him: It may well be done. He came before Rav Yehuda, asking him the same question, and Rav Yehuda said to him that Rav and Shmuel both said: One who reassembles a weaver’s loom on Shabbat is liable to bring a sin-offering, as he performed a labor prohibited by Torah law on Shabbat. The Gemara raises an objection to the statement of Levi bar Shmuel from the Tosefta: One who reassembles the branch of a disassembled candelabrum on Shabbat is liable to bring a sin-offering. With regard to the plasterer’s pole, which has several component parts, one may not reassemble it ab initio, and if he reassembled it, he is exempt from bringing a sin-offering, although it is prohibited. Rabbi Simai says: With regard to a rounded horn, which is a trumpet that can be dismantled and whose assembly is complicated, one who reassembled it is liable. However, a straight horn, which is easy to assemble, one who assembled it is exempt. Apparently, assembling an object that consists of several components on Shabbat is prohibited by Torah law, and one is liable to bring a sin-offering for doing so. The Gemara answers: They said that it is permitted in accordance with the opinion of this tanna, as it was taught in a baraita: A bed frame, which is a wooden frame through which the ropes of the bed were interlaced, and the legs of the bed, and the archer’s tablets [skibas], which refers to the part of a bow upon which one pulls the arrow back, if they were detached from the bed or from the bow, one may not reassemble them, and if he reassembled them he is exempt. However, doing so is prohibited. And one may not fasten the pieces together forcefully, and if he fastens them, he is liable to bring a sin-offering for performing a labor prohibited by Torah law. Rabban Shimon ben Gamliel says: If it was loose and could be assembled with ease, it is permitted. Rabbi Abba and Rav Huna bar Ḥiyya relied on this opinion. The Gemara relates: In the house of Rav Ḥama, Rava’s grandfather, there was a collapsible bed, similar to a weaver’s loom, and they would reassemble it on a Festival. One of the Sages said to Rava: What is your opinion? Do you hold that this is allowed because it is building in an atypical manner? In other words, one is not performing the prohibited labor of building since it is was not performed in the standard manner? Although there is no Torah prohibition, there is, in any case, a rabbinic prohibition. Rava said to him: I hold in accordance with the opinion of Rabban Shimon ben Gamliel who said that if it were loose, it is permitted even ab initio. MISHNA: One may place a vessel beneath the oil lamp in order to receive burning sparks of oil that fall from the lamp so that they will not cause a fire. And he may not place water into the vessel because he thereby extinguishes the sparks. GEMARA: The Gemara asks: How is it permitted to position this vessel to receive the sparks, doesn’t he thereby negate the vessel’s preparedness? It is no longer prepared for any use on Shabbat as the sparks accord it set-aside status. The opinion that negating the preparedness of a vessel is prohibited has already been stated. Rav Huna, son of Rav Yehoshua, said: Sparks have no substance. They burn immediately and do not leave behind any trace of oil in the vessel. Therefore, the vessel remains suitable to be moved. And we also learned in the mishna that one may not place water into the vessel situated beneath the candle because he thereby extinguishes the sparks. The Gemara remarks: Is that to say that we learned an unattributed mishna in accordance with the opinion of Rabbi Yosei, who said that even an action that causes extinguishing indirectly is prohibited? The extinguishing in this case, where water was placed into a vessel, was not accomplished by means of a direct action. His action only caused it to extinguish indirectly. The Gemara rejects this question in astonishment: And how can you understand it in that manner? Say that Rabbi Yosei said that indirectly causing extinguishing is prohibited on Shabbat; on Shabbat eve did he say this? And if you say that here, too, it is referring to a case where he placed water in the vessel on Shabbat, wasn’t it taught in a baraita: One may place a vessel underneath an oil lamp to receive sparks that fall from the lamp on Shabbat, and, needless to say, placing it there is permitted on Shabbat eve? And one may not put water into the vessel because he will thereby extinguish the spark, even if he placed it there on Shabbat eve, and, needless to say, doing so is prohibited on Shabbat itself. Apparently, the prohibition in the mishna is not at all connected to Rabbi Yosei’s approach. Rather, Rav Ashi said: Even if you say that this mishna is in accordance with the opinion of the Rabbis, it is different here because, in this case, he is not only causing the spark to extinguish. He is hastening its extinguishing, as the sparks are extinguished immediately when they fall into the water (Rabbeinu Ḥananel). In this matter even the Rabbis would prohibit doing so. When a pot is removed from the fire on Shabbat eve it may be insulated in materials that preserve its heat, but not in materials that increase its heat. Raising the temperature of a pot is tantamount to cooking. The mishnayot that follow list those materials in which such a pot may be insulated on Shabbat eve and those materials in which it may not be insulated.

MISHNA: In what may one insulate a pot of cooked food on Shabbat eve, and in what may one not insulate it? One may neither insulate it in the solid residue of produce that has been pressed free of its oil, nor in manure, nor in salt, nor in lime, nor in sand, whether those materials are moist or whether they are dry. All of these materials spontaneously generate heat when piled for an extended period. Therefore, they add heat to a pot insulated in them. And one may neither insulate a pot in straw, nor in the residue of grapes that have been pressed for their juice, nor in soft material, e.g., from tattered clothing, nor in grass, when these materials are moist. However, one may insulate a pot in them when they are dry. GEMARA: A dilemma was raised before the Sages: Did we learn with regard to the residue of olives in the mishna, but the residue of sesame seeds that were pressed for their oil, which produces less heat, may well be used for insulating food on Shabbat eve? Or, perhaps, we learned with regard to the residue of sesame in the mishna, and all the more so insulating food in the residue of olives is prohibited? Come and hear a resolution to this dilemma from what Rabbi Zeira said in the name of one of the Sages of the school of Rabbi Yannai: With regard to a basket in which one insulated food in a permissible manner, e.g., in dry soft material or the like, it is prohibited to place it upon the residue of olives. Conclude from this that we learned with regard to the residue of olives in our mishna; however, insulating food in the residue of sesame is permitted. The Gemara rejects this proof: Actually, I can say to you that with regard to actual insulation, the residue of sesame is also prohibited. However, with regard to causing heat to rise, i.e., heating food that is not actually insulated in it, but merely resting upon it, the residue of olives causes heat to rise. Therefore, it is prohibited even to place cooked food upon it. However, the residue of sesame does not cause heat to rise to that extent. Therefore, it is permitted to place food upon it. The Gemara relates an anecdote somewhat relevant to the previous discussion: Rabba and Rabbi Zeira happened to come to the house of the Exilarch on Shabbat, and saw this servant who placed a jug [kuza] of cold water on the mouth of a kettle filled with hot water. Rabba rebuked him for having acted contrary to the halakha. Rabbi Zeira said to Rabba: How is this case different from placing an urn on top of another urn, which is permitted on Shabbat? Rabba said to him: There, when he places one urn on top of another urn, he merely preserves the heat in the upper urn; therefore, it is permitted. Here, in the case where he places the jug of cold water on the mouth of a kettle, he is generating heat in the water in the upper vessel; therefore, it is prohibited. The Gemara continues: Rabba then saw that same servant spread a kerchief [dastodar] over a vat of water and place a cup used to draw water from the vat, on the kerchief. Once again, Rabba rebuked him for having acted improperly. Rabbi Zeira said to him: Why did you rebuke him? Rabba said to him: Now, see what will happen. Ultimately, he saw that the servant was squeezing out the water that was absorbed by the kerchief, thereby violating a Torah prohibition. Nevertheless, Rabbi Zeira said to him: How is this case different from that of a cloth [parvanka], which one is permitted to spread over a vat even on Shabbat? Rabba said to him: There is a distinction between the two cases: There, in the case of the cloth, he is not particular about it; even if it gets wet, he will not come to squeeze it dry. Here, with regard to the kerchief, he is particular about it, and he will wring it so that it will not remain wet. We learned in the mishna: And one may neither insulate a pot in straw, nor in the residue of grapes that were pressed for their juice, nor in soft material. Rav Adda bar Mattana raised a dilemma before Abaye: With regard to swatches of soft material in which he insulated a pot, what is the halakha with regard to moving that material on Shabbat? Ordinarily, swatches of materials of that kind are set-aside because they have no use. Therefore, moving them on Shabbat is prohibited. Do we say that since they are now being used to insulate a pot, they assume the legal status of a utensil, which may be moved on Shabbat? Abaye said to him: Just because he does not now have a basket of straw in which to insulate his food, does he stand up and renounce his basket of soft material? Obviously, he would have preferred to insulate his food in straw, as it is less expensive. The only reason that he used that material was because there was no straw available at the time. However, he does not want the swatches of material to be used for any other purpose, lest it be ruined. Therefore, it remains set-aside. The Gemara asks: Let us say that the following baraita supports him: One may insulate a pot of food on Friday afternoon in woolen fleece, in combed wool, in tabs of wool dyed purple, and in swatches of soft material; however, he may not move them. Apparently, this is in accordance with the opinion of Abaye. The Gemara rejects this proof: If that is the reason, there is no conclusive argument, as it is saying in the baraita as follows: If, however, he did not insulate a pot in them, he may not move them on Shabbat. In that case, they remain earmarked for their own purpose and are therefore set-aside [muktze]. The Gemara questions this last assertion: If so, what is the reason to say that? Obviously, those materials are set-aside. The Gemara explains: Lest you say that all these materials are suitable for one to sit on them, and, consequently, their legal status is that of utensils, which may be moved. Therefore, the baraita teaches us that this is not so, and they may not be moved due to the prohibition of set-aside. The Gemara relates that Rav Ḥisda permitted returning stuffing to the pillow from which it had fallen on Shabbat. Rav Ḥanan bar Ḥisda raised an objection to the opinion of Rav Ḥisda from a baraita: One may untie the neck opening of a shirt on Shabbat if it had been tied by the launderer; however, one may not open a new neck opening for the first time on Shabbat. And one may not place soft material into a pillow or into a cushion on a Festival, and, needless to say, one may not do so on Shabbat. This baraita contradicts the ruling issued by Rav Ḥisda. The Gemara answers: This is not difficult. This, the baraita is referring to new pillows, whereas that, the statement of Rav Ḥisda is referring to old pillows. Stuffing a pillow for the first time on Shabbat is prohibited because by so doing one fashions a new utensil. However, if the stuffing fell out of the pillow, refilling the pillow is permitted even on Shabbat. The Gemara notes: That opinion was also taught in a baraita: One may not place soft material as stuffing into a pillow or into a cushion on a Festival, and needless to say one may not do so on Shabbat. However, if the stuffing fell out, it may be replaced even on Shabbat, and needless to say that doing so is permitted on a Festival. Having raised the issue of opening a collar, the Gemara cites that Rav Yehuda said that Rav said: One who opens a new neck opening in a shirt on Shabbat, by cutting through the fabric and threads that kept it closed, is liable to bring a sin-offering. By creating the opening, he renders the shirt fit to wear, thereby fashioning a utensil on Shabbat. Rav Kahana strongly objects to this: What is the difference between this and the stopper of a wine barrel, which the Sages permitted piercing on Shabbat in order to serve wine to guests? There, too, by piercing the stopper, he fashions a utensil. Rava said to him: The cases are not comparable: In this case, the neck opening of a shirt, it is considered a connection, i.e., it is an organic part of the weave of the fabric; whereas in that case, the stopper of the barrel, it is not considered a connection. Even though the stopper is sealed in place in the barrel, it is a separate entity. When the stopper is pierced, no new vessel is fashioned. Rabbi Yirmeya raised a contradiction before Rabbi Zeira. We learned in a mishna: The basting of launderers, garments that a launderer sewed together with loose, temporary stitches to avoid losing them; and a ring of keys; and a garment that was sewn with a thread of diverse kinds, e.g., a woolen garment that was stitched with linen thread, which must be pulled out; even though they are attached only temporarily, as they will all eventually be separated, it is considered a connection with regard to issues of ritual impurity. If a source of ritual impurity comes into contact with one of the garments, they all become ritually impure, until one actually begins to untie them, thereby indicating that he does not want them attached. Apparently, even when these items are not in use, e.g., after the launderer finished laundering the clothes, it is also considered a connection. And the Gemara raises a contradiction from a different mishna: With regard to a stick that one made into an axe handle, it is considered a connection between the stick and the axe with regard to issues of ritual impurity when in use. If the axe comes into contact with a source of ritual impurity, the stick also becomes ritually impure, and vice versa. By inference: Only when the axe is actually in use, yes, it is considered a connection; when the axe is not in use, no, it is not considered a connection. Rabbi Zeira said to Rabbi Yirmeya: There, in the case of the axe, when not in use, a person is likely to throw the stick into the wood pile, as he is not particular about keeping them together. Therefore, it is not considered a connection with regard to ritual impurity. Here, with regard to the items listed in the first mishna, even when not in use, he prefers that they remain attached. In that way, if they get dirty, he can launder them again, as it is easier to wash one connected unit than several smaller swatches of fabric. Therefore, it is considered a connection with regard to ritual impurity. In Sura, they taught this following halakha in the name of Rav Ḥisda; in Pumbedita, they taught it in the name of Rav Kahana, and some say, it was taught in the name of Rava: Who is the tanna who taught this matter stated by the Sages: The status of anything connected to an object is like that of the object with regard to ritual impurity? Rav Yehuda said that Rav said: The tanna in question is Rabbi Meir, as we learned in a mishna: The receptacle for the cruse of oil, and the receptacle for the spices, and the receptacle for the lamp that are in the stove become ritually impure through contact, i.e., if the wall of the stove becomes ritually impure through contact with a creeping animal, the receptacles also become ritually impure. However, these receptacles do not become ritually impure through air space, i.e., if the creeping animal were inside the stove but did not come into contact with its walls, the stove itself becomes ritually impure, but the receptacles do not; this is the statement of Rabbi Meir. And Rabbi Shimon deems the receptacles ritually pure, even if the creeping animal came into actual contact with the stove. The Gemara analyzes this dispute: Granted, according to the opinion of Rabbi Shimon; he holds that these receptacles are not considered like the stove itself, and therefore they do not become ritually impure when the stove becomes ritually impure. However, according to the opinion of Rabbi Meir, it is difficult. If he holds that they are considered like the stove itself, then even if the creeping animal was in the stove’s air space, the receptacles should also become ritually impure. If he holds that they are not considered like the stove itself, then even if the creeping animal came into contact with the stove, the receptacles should also not become ritually impure. The Gemara answers: Actually, by Torah law, the receptacles are not considered like the stove itself, and the Sages are the ones who issued a decree that they become ritually impure due to their proximity to the stove. The Gemara asks: If the Sages issued a decree that they become ritually impure, then even in the case where the creeping animal does not come into contact with the walls of the oven, but is merely in its air space, the receptacles should also become ritually impure. The Gemara answers: The Sages made a conspicuous distinction, so that one will not come to burn his teruma and other consecrated items because of it. There is a severe prohibition to destroy teruma or consecrated items. If teruma becomes ritually impure, there is an obligation by Torah law to burn it; however, teruma that is ritually impure only by rabbinic decree is still fit by Torah law and may not be destroyed. Since there is concern that people will come to burn teruma even when doing so is prohibited, the Sages made a distinction, imposing ritual impurity on the receptacles only if the source of impurity came into physical contact with the walls of the stove, and not if it merely entered the stove’s airspace. In that way, it is clear that the ritual impurity is by rabbinic decree, and one will not come to burn teruma and consecrated objects due to that impurity. The Sages taught in a baraita: With regard to scissors made of component parts that are made to come apart and the blade of a carpenter’s plane, which can be removed from its handle, it is considered a connection between the components with regard to contracting ritual impurity. If one part becomes ritually impure, the other part becomes ritually impure as well. However, it is not considered a connection with regard to the sprinkling of the water of a purification offering. When water of purification is sprinkled on these implements in order to purify them from ritual impurity contracted through contact with a corpse (see Numbers 19:17–19), the water must be sprinkled on each part individually. The Gemara asks: Whichever way you look at it, there is a difficulty: If it is considered a connection, it should be so considered even with regard to sprinkling; and if it is not considered a connection, it should not be so considered even with regard to ritual impurity. Rava said: By Torah law, when in use, it is considered a connection, both with regard to ritual impurity and with regard to sprinkling. And when not in use, even if the parts are now together, since they are made to eventually come apart and are typically dismantled, it is neither considered a connection with regard to ritual impurity nor with regard to sprinkling. And the Sages issued a decree that it should be considered a connection with regard to ritual impurity even when not in use, due to ritual impurity when in use. If one component becomes ritually impure, the other component becomes ritually impure as well. And, as a further stringency, they issued a decree that it is not considered a connection with regard to sprinkling even when in use, due to sprinkling when not in use. The water of purification must be sprinkled on each part individually. The mishna listed several materials in which food may not be insulated on Shabbat eve when those materials are moist. A dilemma was raised before the Sages: Is the mishna referring specifically to materials that are moist due to their own natural state, or is it referring perhaps even to materials that are now moist due to something else, e.g., because they were soaked by liquid? Come and hear a resolution to this dilemma from the materials listed in the mishna: And one may neither insulate a pot in straw, nor in the residue of grapes that have been pressed for their juice, nor in soft materials, nor in grass, when these materials are moist. Granted, if you say that the mishna is referring to materials that are moist due to something else, this can be well understood, as all of these materials can get wet. However, if you say that it is referring to materials that are moist due to their own natural state, where do you find soft materials that are moist due to their own natural state? Wool is dry in its natural state. The Gemara rejects this argument: The mishna is referring to a case where the material is made from wool plucked from between the thighs of the animal, as that wool is usually damp from sweat. The Gemara continues with a similar question: And that which Rabbi Oshaya taught in a baraita: One may insulate a pot of hot food on Shabbat eve in a dry garment and in dry produce, but not in a moist garment or in moist produce. Where do you find a ruling pertaining to a cloth that is moist due to its own natural state? The Gemara answers: Here too, the baraita is referring to a case where the cloth was made from wool plucked from between the thighs of the animal. The wool was spun and the cloth was woven while the wool was still moist. Consequently, there is no conclusive proof whether the materials listed in the mishna are prohibited only when naturally moist or even if they are moist due to another source. MISHNA: One may insulate a pot of hot food on Shabbat eve in clothing, in produce, in doves’ wings, in a carpenter’s wood-shavings, and in the chaff of fine flax. Rabbi Yehuda prohibits doing so when it is fine, and permits doing so when it is coarse. GEMARA: Since doves’ wings were mentioned in the mishna, the Gemara cites a related story: Rabbi Yannai said: Donning phylacteries requires a clean body, like that of Elisha, Man of Wings. The Gemara asks: What is the meaning of the statement that donning phylacteries requires a clean body? Abaye said: It means that one may not break wind while donning them. Rava said: It means that one may not sleep in them. The Gemara asks: And why did they call Elisha Man of Wings? Because on one occasion the evil kingdom of Rome issued a decree against Israel that, as punishment, they would pierce the brain of anyone who dons phylacteries. Nevertheless, Elisha would don them and defiantly go out to the marketplace. One day, an official [kasdor] who was appointed to enforce the decree saw him; Elisha ran away from him, and the official ran after him. When the official reached him, Elisha removed the phylacteries from his head and held them in his hand. The officer asked him: What is that in your hand? Elisha said to him: It is merely a dove’s wings. A miracle was performed: He opened his hand, and, indeed, it was found to be a dove’s wings. Therefore, in commemoration of this miracle, they would call him Elisha, Man of Wings. The Gemara asks: And what is different about doves’ wings from those of other birds that led Elisha to say that he had doves’ wings in his hand? The Gemara answers: Because the congregation of Israel is likened to a dove, as it is stated: “You shall shine as the wings of a dove covered with silver and her pinions with yellow gold” (Psalms 68:14). Just as this dove, only its wings protect it and it has no other means of protection, so too the Jewish people, only mitzvot protect them. We learned in the mishna: One may insulate food on Shabbat eve in a carpenter’s wood-shavings, and in the chaff of fine flax. Rabbi Yehuda prohibits doing so when it is fine, and permits doing so when it is coarse. A dilemma was raised before the Sages: Is the statement of Rabbi Yehuda referring to the carpenter’s wood-shavings, or is it referring to the chaff of flax? The Gemara answers: Come and hear proof as it was taught in a baraita: Rabbi Yehuda says: The legal status of the chaff of fine flax is like that of manure, i.e., it adds heat. The Gemara comments: Conclude from it that Rabbi Yehuda is referring to the chaff of flax. The Gemara concludes: Indeed, conclude from it. MISHNA: One may insulate cooked food on Shabbat eve in animal hides and may move those hides on Shabbat. So too, one may insulate food in wool fleece and, in contrast to hides, one may not move the fleece. How, then, does one act if he insulated food in fleece, and now wishes to remove the pot? He lifts the cover, which he is permitted to move, and the fleece falls by itself. He need not even touch it. Rabbi Elazar ben Azarya says: If he placed the pot in a basket filled with fleece, he leans the basket on its side so that the fleece will fall to the side and takes the pot. Otherwise, there is concern lest the wool collapse when he lifts the pot from the basket. And then, he will be unable to replace the pot, as it is prohibited to move the wool to make room for the pot, since the wool is set-aside. And the Rabbis disagree and say: He may take the pot and afterward replace it. GEMARA: The Gemara relates that Rabbi Yonatan ben Akhinai and Rabbi Yonatan ben Elazar sat, and Rabbi Ḥanina bar Ḥama sat with them, and they raised the following dilemma: Did we learn the halakha in the mishna that only the hides of a common homeowner may be moved; however, the hides of a craftsman, whose profession is processing hides, since he is particular that they not be ruined because they are essential to his work, one may not move them on Shabbat? Or, perhaps, we learned the halakha in the mishna that even the hides of a craftsman may be moved, and all the more so that hides of a common homeowner may be moved. Rabbi Yonatan ben Elazar said to them: It stands to reason that we learned the halakha in the mishna with regard to the hides of a common homeowner; however, hides of a craftsman may not be moved, since he is particular about them. Rabbi Ḥanina bar Ḥama said to them that Rabbi Yishmael, son of Rabbi Yosei, said as follows: My father was a tanner, and one Shabbat he said: Bring me hides and we will sit on them (Rabbeinu Ḥananel). In other words, even the hides of a craftsman may be moved on Shabbat. The Gemara raises an objection from a baraita: With regard to wooden boards belonging to a homeowner, one may move them on Shabbat; however, those belonging to a craftsman, one may not move them. And if, however, he thought to place bread upon them for guests, both these, the boards of the homeowner, and those, the boards of the craftsman, may be moved. Apparently, the raw materials of a craftsman may not be moved on Shabbat. The Gemara answers: Wooden boards are different in that one is particular about them that they not be damaged. Hides, on the other hand, are not damaged when one sits on them. The Gemara cites another proof. Come and hear that which was taught in a different baraita: With regard to hides, whether they are tanned or whether they are not tanned, it is permitted to move them on Shabbat. The Sages said that tanned hides have a unique legal status, distinct from the status of hides that have not been tanned only with regard to ritual impurity. Only tanned hides become ritually impure. What, is it not saying that there is no difference whether they are hides belonging to a homeowner and there is no difference whether they are hides belonging to a craftsman; in both cases they may be moved on Shabbat? The Gemara rejects this argument: No, the baraita is referring exclusively to hides belonging to a homeowner. The Gemara asks: But with regard to hides belonging to a craftsman, what is the halakha? Is it true that they may not be moved on Shabbat? If so, that which was taught in the baraita: The Sages said that the legal status of tanned hides is distinct from the status of hides that have not been tanned only with regard to ritual impurity; let the tanna of the baraita distinguish and teach within the halakhot of Shabbat itself, and say: In what case is this statement, that there is no distinction between whether or not the hides were tanned, said? It was stated specifically with regard to hides belonging to a homeowner. However, with regard to hides belonging to a craftsman, no, if they were tanned they may not be moved. The Gemara answers: Since the entire baraita is speaking with regard to hides of a homeowner, it would have been forced to elaborate at greater length to introduce the distinction with regard to the hides of a craftsman than it did to introduce the distinction with regard to ritual impurity. The Gemara notes that this issue is parallel to a dispute between tanna’im, as it was taught in a baraita: With regard to hides belonging to a homeowner, one may move them on Shabbat, and those of a craftsman, one may not move them. Rabbi Yosei says: With regard to both these, the hides of a homeowner, and those, the hides of a craftsman, one may move them. The Gemara relates that those same Sages who sat and discussed the issue of hides, sat again and they raised a dilemma: That which we learned in the mishna: The primary categories of labor, which are prohibited by Torah law on Shabbat, are forty-less-one; to what does this number correspond? That is to say, what is the source of this number? Rabbi Ḥanina bar Ḥama said to them: They correspond to the labors in the Tabernacle. All types of labor that were performed in the Tabernacle are enumerated as primary categories of labor with respect to Shabbat. However, other labors, even if they are significant, are not enumerated among the primary categories of labor since they were not performed in the Tabernacle. Rabbi Yonatan, son of Rabbi Elazar, said to them that so said Rabbi Shimon, son of Rabbi Yosei ben Lakonya: They correspond to the instances of the words labor, his labor, and the labor of, that appear in the Torah a total of forty-less-one times. Rav Yosef raised a dilemma: The term his labor is written with regard to Joseph: “And it came to pass about this time, that he came into the house to do his labor; and there was none of the men of the house there within” (Genesis 39:11). Is it included in the count of the thirty-nine instances or not? Abaye said to him: And let us bring a Torah scroll and count the instances of the word labor and thereby determine whether or not there are thirty-nine instances without that one. Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said in a case of similar uncertainty: They did not move from there until they brought a Torah scroll and counted them? Rav Yosef said to Abaye: I cannot reach a conclusion relying solely on a count because there is another instance of the term labor, whose meaning is not clear to me. The reason I am uncertain is because it is written with regard to the Tabernacle: “For the labor they had was sufficient for all the work to do it, and too much” (Exodus 36:7). The question arises whether or not this mention of labor is included in the count of thirty-nine instances, i.e., whether or not it refers to actual labor. And if it does, that verse with regard to Joseph should be understood in accordance with the opinion of the one who said that the expression, to do his labor, is a euphemism. It means that it was to attend to his needs and engage in relations with Potiphar’s wife that he entered. Or, perhaps, the verse relating to Joseph: “He came into the house to do his labor,” is included in the count, and it refers to actual labor. And this verse: “The labor they had was sufficient,” is saying the following: That they completed the preparatory labor, i.e., they brought all the materials, not that they engaged in the actual labor. Let the uncertainty stand unresolved. With regard to the matter itself, it was taught in a baraita in accordance with the opinion of the one who said that the thirty-nine labors of Shabbat correspond to the labors performed in the Tabernacle. As it was taught in a baraita: One is only liable for performing a labor to which there was a corresponding labor in the Tabernacle. They sowed in order to grow dyes for the Tabernacle, and therefore you may not sow on Shabbat. They reaped, and therefore you may not reap on Shabbat. They lifted the boards from the ground in the wilderness, which is a public domain, and placed them into the wagon, which is a private domain, and therefore you shall not carry objects in from the public domain to the private domain on Shabbat. They lowered the boards from the wagon to the ground, and therefore you shall not carry objects out from the private domain to the public domain on Shabbat. They took boards and other objects out and passed them from wagon to wagon, i.e., from one private domain to another private domain, and therefore you shall not take objects out from one private domain to another private domain on Shabbat. The Gemara expresses astonishment with regard to the last clause of the baraita: One who takes an object out from one private domain to another private domain, what prohibited labor is he thereby performing? The Gemara answers: It was Abaye and Rava who both said, and some say that it was Rav Adda bar Ahava who said: This is referring to taking an object out from one private domain to another private domain via the public domain, as the space between the two wagons in the wilderness was a public domain. We learned in the mishna: One may insulate food in wool fleece, and he may not move it. Rava said: This halakha that fleece may not be moved on Shabbat applies only to a case where one did not insulate food in it. Only in that case is it set-aside. However, if one insulated cooked food in it, he may move it. By insulating food in the fleece, he indicated that he intends to use it on Shabbat. A certain Sage for whom it was his first day in that study hall raised an objection to Rava from our mishna: One may insulate food in wool fleece, and one may not move it. How, then, does he act if he insulated food in wool fleece and now wishes to remove the pot? He lifts the cover, which he is permitted to move, and the wool fleece falls by itself. Contrary to Rava’s statement, even wool fleece in which a person insulated food may not be moved on Shabbat. Rather, if it was stated, it was stated as follows: Rava said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if he designated it for insulating food, one may move it, as in that case, it is no longer set-aside. It was also stated that when Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Ya’akov said that Rabbi Asi ben Shaul said that Rabbi Yehuda HaNasi said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if one designated it for insulating food, he may move it. Ravina said: In fact, Rava’s statement can be understood as it was originally understood, i.e., one who insulated food in wool fleece may move it because it is considered designated for insulating food. In the mishna that indicates otherwise they taught about wool fleece taken from a merchant’s shelves [heftek]. That wool was certainly not designated for insulating food. It will be returned to those shelves to be sold. Therefore, it is set-aside for that purpose and may not be moved on Shabbat, even if it is used to insulate food. That was also taught in a baraita: With regard to wool fleece taken from a merchant’s shelves, one may not move it on Shabbat. And if a homeowner prepared the fleece to use it, one may move it. With regard to the question of what can be done to permit use of items ordinarily set-aside on Shabbat, Rabba bar bar Ḥana taught the following baraita before Rav: With regard to hard branches of a palm tree that one cut for fire wood or for construction, and then he reconsidered their designation and decided to use them for sitting, he must tie the branches together on Shabbat eve. This allows him to move them on Shabbat like any other household utensil. Rabban Shimon ben Gamliel says: He need not tie them together and, nevertheless, he is permitted to move them. Rabba bar bar Ḥana taught the baraita, and he said about it that the halakha is in accordance with the opinion of Rabban Shimon ben Gamliel. On that same topic, it was stated that Rav said: He ties the branches together on Shabbat eve. And Shmuel said: If he merely has in mind on Shabbat eve that he wishes to sit on them on Shabbat, he need not tie them together. And Rav Asi said: If he even briefly sits on them on Shabbat eve, sitting on the branches is permitted the next day, even though he did not tie them together and even though he did not have that in mind. The Gemara comments: Granted, Rav, he stated his opinion in accordance with the unattributed opinion of the first tanna of the baraita, and Shmuel, too, he stated his opinion in accordance with the opinion of Rabban Shimon ben Gamliel. However, in accordance with whose opinion did Rav Asi state his opinion? Apparently, he disagrees with both tanna’im who expressed an opinion on the issue. The Gemara explains: Rav Asi stated his opinion in accordance with the opinion of this tanna, as it was taught in the Tosefta: One may go out into a public domain on Shabbat with combed flax [pakorin] or combed wool covering a wound, when he previously dipped them in oil and tied them to the wound with twine. If he did not dip them in oil or tie them with twine, he may not go out into the public domain with them. And if he went out with them for a brief period on Shabbat eve while it was still day, even if he did not dip them in oil or tie them with twine, he is permitted to go out with them on Shabbat. Apparently, there is a tanna who maintains that using an item before Shabbat enables one to use it on Shabbat as well. No additional steps are necessary. Rav Ashi said: We too have also learned in a mishna: Straw that is piled on a bed to be used for fuel or mixed with clay is set aside for that purpose and may not be moved. Therefore, one who seeks to lie on the bed may not move the straw with his hand, but he may move it with his body, as this is not the typical way of moving straw. However, if that straw had been designated as animal feed, or if there was a pillow or sheet spread over it on Shabbat eve while it was still day and he lay on it before Shabbat, he may move it with his hand. Apparently, even brief use before Shabbat suffices to permit use on Shabbat as well. The Gemara concludes: Indeed, conclude from it that there is a tannaitic opinion in accordance with which Rav Asi stated his opinion. The Gemara asks: And who is the unnamed tanna who disagrees with Rabban Shimon ben Gamliel in the baraita cited above? He holds that in order to use palm branches for sitting, one must perform an action, e.g., tie them together, before Shabbat? The Gemara answers: It is Rabbi Ḥanina ben Akiva, as when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Ze’iri said that Rabbi Ḥanina said: Rabbi Ḥanina ben Akiva once went to a certain place on Shabbat eve and found there hard branches of a palm tree that they had cut for fire wood. And he said to his disciples: Go out and have in mind that you will use them so that we will be permitted to sit on them tomorrow, on Shabbat. And, Ze’iri added, I do not know if the house where Rabbi Ḥanina ben Akiva went was the house of a wedding feast or if it was the house of mourning. The Gemara explains: From the fact that Ze’iri said: I do not know whether it was the house of a wedding feast or the house of mourning, it may be inferred that this halakha applies specifically to the house of mourning or the house of a feast because they are preoccupied with other matters and do not have time to tie the wood. However, here, in ordinary circumstances, if he tied the branches together, yes, it is permitted to sit on them on Shabbat; if he did not tie them together, no, it is not permitted. Rav Yehuda said: A person may bring a basket full of earth into his house on Shabbat eve, pour it on the floor, and use it for all his needs on Shabbat, e.g., to cover excrement. Mar Zutra taught in the name of Mar Zutra Rabba: That applies only if he designated a specific corner in his house for the earth. The Sages said before Rav Pappa: In accordance with whose opinion was this last ruling taught, that designating a place for the earth is sufficient to permit its use on Shabbat? It must have been taught in accordance with the opinion of Rabban Shimon ben Gamliel with respect to palm branches, as if it was taught in accordance with the opinion of the Rabbis, didn’t they say that in order to permit use of an object that is set-aside on Shabbat, we require an action, e.g., tying the palm branches together? Thought alone is insufficient. Rav Pappa said to them: Even if you say that the halakha was taught in accordance with the opinion of the Rabbis, the Rabbis stated their opinion that we require an action, only with regard to something with which it is possible to perform a preparatory action. However, with regard to something with which it is not possible to perform a preparatory action, no, they did not require an action. Since it is not possible to perform a preparatory action with the earth, one is permitted to use the earth by means of thought alone. The Gemara asks: Let us say that this issue, whether or not an action is required in that case, is parallel to a dispute among the tanna’im. As it was taught in one baraita: One may clean utensils on Shabbat with any type of cleaning agent, except for silver utensils with cream of tartar [gartekon], as that not only polishes the silver, but also smooths it. By inference: Cleaning with natron and sand is permitted. Wasn’t it taught in the Tosefta: Cleaning with natron and sand is prohibited on Shabbat? What, is it not that they disagree with regard to this following point? That one Sage, who prohibits use of sand on Shabbat, holds that an action is required in order to permit the use of items that would otherwise be set-aside on Shabbat. Since it is impossible to perform an action with sand, its use is prohibited. And the other Sage, who permits use of sand, holds that an action is not required. The Gemara rejects this argument: No, everyone agrees that an action is not required; and, nevertheless, it is not difficult. This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda; that baraita, which permits their use, is in accordance with the opinion of Rabbi Shimon. The Gemara elaborates: This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda, who said with regard to the laws of Shabbat in general that an unintentional act is prohibited. It is prohibited to perform an otherwise permitted action from which an unintended prohibited labor ensues. Therefore, cleaning a silver utensil with sand or natron is prohibited because he thereby unintentionally smooths the utensil, which is prohibited on Shabbat. That baraita, which permits the use of sand and natron, is in accordance with the opinion of Rabbi Shimon, who said that an unintentional act is permitted. The Gemara raises an objection: In what manner did you establish that baraita, which permits the use of sand and natron? You established it in accordance with the opinion of Rabbi Shimon. If so, say the latter clause of that same baraita: However, one may not wash his hair with them on Shabbat. And, if it is in accordance with the opinion of Rabbi Shimon, he permits doing so. As we learned in a mishna: A nazirite, for whom it is prohibited to cut his hair, may wash his hair with sand and natron and separate it with his fingers; however, he may not comb it, as combing will certainly cause hair to fall out. Apparently, Rabbi Shimon permits washing hair even in a case where it is prohibited to cause hair to fall out; in his opinion, the fact that washing one’s hair might inadvertently cause that to happen is not a source of concern. Rather, both this baraita and that baraita, which disagree with regard to cleaning silver utensils with sand and natron, are in accordance with the opinion of Rabbi Yehuda, who holds that an unintentional act is prohibited. And there are two tanna’im in accordance with the opinion of Rabbi Yehuda. They disagree with regard to Rabbi Yehuda’s opinion. This tanna, in accordance with the opinion of Rabbi Yehuda, holds that sand and natron scrape and smooth the utensils. Therefore, their use on Shabbat is prohibited. And that tanna, also in accordance with the opinion of Rabbi Yehuda, holds that sand and natron do not scrape and smooth the utensils. Therefore, their use on Shabbat is permitted. The Gemara raises an objection: How did you establish that baraita? It was in accordance with the opinion of Rabbi Yehuda. If so, say the latter clause of the baraita: But his face, his hands, and his feet, it is permitted to wash with sand and natron. Doesn’t he thereby cause hair to fall out? It should be prohibited according to Rabbi Yehuda. The Gemara answers: If you wish, say that the permission to wash one’s face with sand and natron refers to a child; and if you wish, say instead that it refers to a woman; and if you wish, say instead that it refers to a eunuch. All of them have no facial hair, and that is why there is no concern that use of sand and natron to clean their faces will cause hair to fall out. The Gemara continues: Rav Yehuda said: Washing one’s face with powdered frankincense (Rav Hai Gaon) is permitted on Shabbat, even if he has a beard, as it does not cause hair to fall out. Rav Yosef said: Washing with the solid residue of jasmine from which its fragrant oil was squeezed is permitted. Rava said: Washing with ground pepper is permitted. Rav Sheshet said: Washing with berada is permitted on Shabbat. The Gemara asks: What is berada? Rav Yosef said: It is a mixture of one-third aloe, one-third myrtle, and one-third violets. Rav Neḥemya bar Yosef said: Everywhere that there is a mixture with no majority of aloe, it may well be used. Even if the mixture contains more than a third aloe, as long as it constitutes less than a majority, it does not cause hair to fall out. The Sages raised a dilemma before Rav Sheshet: What is the halakha with regard to splitting olives on a rock on Shabbat in order to wash with the oil that oozes from them (ge’onim)? He said to them: And did they permit doing so on a weekday? Rav Sheshet holds that crushing olives in that manner is prohibited even during the week because it involves ruining food. After the olives are split in that manner, they are no longer fit for consumption. The Gemara comments: Let us say that Rav Sheshet disagrees with the opinion of Shmuel. As Shmuel said: A person may perform all his needs with bread, and he need not be concerned that it might be ruined. The Sages said in response: Rav Sheshet does not necessarily disagree with Shmuel. Using bread does not render it disgusting and inedible; splitting these olives renders them disgusting and inedible. The Gemara relates that Ameimar, Mar Zutra, and Rav Ashi were sitting on Shabbat, and they brought berada before them for washing. Ameimar and Rav Ashi washed with it; Mar Zutra did not wash. They said to him: Doesn’t the Master hold in accordance with that which Rav Sheshet said: Washing with berada is permitted on Shabbat? Rav Mordekhai, who was also there, said to them: Except for him, the Master; i.e., do not draw conclusions from Mar Zutra, as he does not hold that one is permitted to use berada, even on a weekday. Mar Zutra holds in accordance with that which was taught in a baraita: A person may scrape off dried excrement crusts and scabs of a wound that are on his flesh because of the pain that they are causing him. However, if he does so in order to clean and beautify himself, it is prohibited. According to the tanna of this baraita, it is prohibited to adorn or beautify oneself, as the verse: “Neither shall a man put on a woman’s garment” (Deuteronomy 22:5) prohibits dressing or conducting oneself in the manner of women. The Gemara asks: And Ameimar and Rav Ashi, who permit use of berada, in accordance with whose opinion do they hold? They hold in accordance with that which was taught in a baraita: A person must wash his face, his hands, and his feet every day for the sake of his Maker, as it is stated: “The Lord has made everything for His own purpose” (Proverbs 16:4). Every beautiful thing that exists in the world sings the praise of God Who created beautiful things. Therefore, it is appropriate for one to beautify himself in praise of God. We learned in the mishna: Rabbi Elazar ben Azarya says: If he placed the pot in a basket filled with fleece, he leans the basket on its side so that the fleece will fall to the side of the pot, and takes the pot. Otherwise, there is room for concern lest the wool collapse when he lifts the pot from the basket. Then he will be unable to replace the pot. It is prohibited to move the fleece to make room for the pot, since the fleece is set-aside. However, the Rabbis disagree and say: He may lift the pot and afterward replace it. Rabbi Abba said that Rabbi Ḥiyya bar Ashi said that Rav said: Everyone agrees, even the Rabbis, that if the cavity in which the pot had been placed was destroyed, its walls having collapsed inward, it is prohibited to return the pot to the basket. The Gemara asks, based on what we learned in the mishna. And the Rabbis say: He may lift the pot and afterward replace it. The Gemara elaborates: What are the circumstances? If the cavity in which the pot had been placed was not destroyed, the Rabbis say fittingly that it is permitted to replace the pot; why would Rabbi Elazar ben Azarya prohibit the practice? Rather, is it not that the Rabbis permit returning the pot even though the cavity was destroyed? Apparently, that is the subject of the dispute in the mishna. The Gemara rejects this: No, actually, everyone agrees that if the cavity was destroyed, it is prohibited to return the pot to the basket. The mishna is dealing with a case where the cavity was not destroyed, and here the tanna’im disagree with regard to whether or not one need be concerned lest, if one is allowed to remove the pot from the basket without tilting it to the side, the cavity be destroyed and he will come to return the pot to the basket anyway. One Sage, Rabbi Elazar ben Azarya, holds that one need be concerned lest the cavity be destroyed and he return the pot anyway; and the other Sage, a reference to the Rabbis, holds that one need not be concerned about that. The Gemara records several rulings with regard to placing an object into another object that is set-aside. Rav Huna said: With regard to this fragrant daffodil branch that was kept in a pot of moist earth in the house; if on Shabbat eve one inserted it into the earth, then pulled it out, and then inserted it again into the earth, it is permitted to pull it out again on Shabbat. By inserting it and then pulling it out, he has already widened the cavity in which the branch was placed. There is no room for concern that when he pulls it out again on Shabbat he will cause earth to shift from its place. And if he did not do so on Shabbat eve, it is prohibited to pull it out on Shabbat. Shmuel said: This knife that is stored between bricks; if one stuck it between the bricks on Shabbat eve, pulled it out, and then stuck it between the bricks, it is permitted to pull it out on Shabbat. And if he did not do so on Shabbat eve, it is prohibited to pull it out on Shabbat. Mar Zutra, and some say Rav Ashi, said: Placing a knife between the branches of a hedge of reeds (ge’onim) may well be done and there is no concern lest one come to cut the reeds when he removes it. Rav Mordekhai said to Rava: Rav Ketina raised a conclusive refutation of the opinions of Rav Huna and Shmuel from that which we learned in a mishna: With regard to one who conceals a turnip or radish in the ground beneath a vine for safekeeping, if some of its leaves were showing, allowing access to pull the turnip or the radish from the ground, he need neither be concerned; due to diverse kinds, i.e., that he violated the prohibition of planting food crops in a vineyard, as he did not commit an act of planting; nor due to concern that he violated the prohibition against working the land during the Sabbatical Year; nor due to tithes, i.e., that it would be considered as if he picked it from the ground and would be obligated to tithe it; and they may be taken from the ground on Shabbat. Even if most of the turnip or radish is underground, it is permitted to pull it from the ground on Shabbat. One need not be concerned about causing the earth to move. Apparently, this contradicts the opinions of Rav Huna and Shmuel, who were concerned about causing earth to move on Shabbat. The Gemara concludes: Indeed, this is a conclusive refutation of the opinions of Rav Huna and Shmuel. MISHNA: If one did not cover a pot of cooked food on Shabbat eve while it was still day, he may not cover it after dark. However, if one covered it while it was still day and it was uncovered on Shabbat, he is permitted to cover it even on Shabbat. One may fill a jug with cold water on Shabbat and place it beneath a pillow or a cushion to prevent it from getting warm. GEMARA: Rav Yehuda said that Shmuel said: It is permitted to insulate the cold food on Shabbat to keep it cold. There is no concern that this will lead one to insulate hot food on Shabbat to keep it hot. Rav Yosef said: What is Shmuel teaching us with this statement? We already learned in our mishna: One may fill a jug with cold water on Shabbat and place it beneath a pillow or a mattress to prevent it from getting warm. Abaye said to him: He teaches us a great deal. As, if it had been learned from the mishna alone, I would have said that the ruling that one is permitted to insulate cold food applies only to something that is not ordinarily insulated when it is hot. However, something that is commonly insulated when it is hot, no, it may not be insulated even when it is cold. Therefore, Shmuel teaches us that this is allowed even in the case of something which is commonly insulated when it is hot. Rav Huna said that Rabbi Yehuda HaNasi said: It is prohibited to insulate cold food on Shabbat to keep it cold. The Gemara raises an objection: Wasn’t it taught in a baraita that Rabbi Yehuda HaNasi permitted cold food to be insulated on Shabbat? The Gemara answers: This is not difficult. This statement was made before he heard the ruling of Rabbi Yishmael, son of Rabbi Yosei; that statement in the baraita was made after he heard it. As in that incident where Rabbi Yehuda HaNasi sat and said: It is prohibited to insulate cold food on Shabbat to keep it cold, Rabbi Yishmael, son of Rabbi Yosei, said before him: Father permitted insulating cold food on Shabbat. Rabbi Yehuda HaNasi said: I retract my previous statement, as the Elder, Rabbi Yosei, has already issued a ruling on this topic, and I defer to his ruling. Rav Pappa said: Come and see how much they loved each other. Had Rabbi Yosei still been alive, he would have been subordinate to and sitting before Rabbi Yehuda HaNasi as his student, as Rabbi Yishmael, son of Rabbi Yosei, who took his father’s place and was as great a Torah scholar as his father, was subordinate to and sitting before Rabbi Yehuda HaNasi as his student. And, nevertheless, Rabbi Yehuda HaNasi says: The Elder has already issued a ruling on this topic, and he deferred to Rabbi Yosei’s ruling. Rav Naḥman said to Daru, his slave: Insulate cold food for me on Shabbat, so that it will not become warm, and bring me water that a gentile cook [kappeila] heated on a weekday, as the prohibition to eat food cooked by a gentile does not apply to water. When Rabbi Ami heard this, he became angry. Rav Yosef said: What is the reason that Rabbi Ami become angry? Rav Naḥman acted in accordance with the rulings of his teachers; in one matter in accordance with the ruling of Rav, and in one matter in accordance with the ruling of Shmuel. The Gemara explains: In one matter in accordance with the ruling of Shmuel, as Rav Yehuda said that Shmuel said: It is permitted to insulate cold food on Shabbat to keep it cold. In one matter in accordance with the ruling of Rav, as Rav Shmuel bar Rav Yitzḥak said that Rav said: Anything that is eaten as it is, raw, and cooking it is unnecessary, even if it was cooked it is not subject to the prohibition of food cooked by gentiles. Since water is commonly drunk uncooked, one may drink it even if it was boiled by a gentile. The Gemara answers: Rabbi Ami became angry because he held that an important person is different. A distinguished person like Rav Naḥman should be stringent and distance himself from conduct that could be perceived, even mistakenly, as a prohibited act. The Sages taught in the Tosefta: Although the Sages said that one may not insulate hot food, even in something that does not add heat after nightfall on Shabbat, if he comes to add to the material in which he insulated the food on Shabbat eve, he may add to it even on Shabbat. How should he do it? Rabban Shimon ben Gamliel said: He takes the sheets with which he insulated a pot and places the heavy blankets, which provide better insulation, in their place. Or, if he is concerned about excessive heat, he takes the heavy blankets in which the pot had been insulated and places the lighter sheets in their place. And likewise, Rabban Shimon ben Gamliel, in teaching an additional leniency, said: They prohibited insulating a pot on Shabbat to keep its contents warm when the food remains only in the same urn in which the water was boiled. However, if one emptied the water from that urn into another urn, it is permitted to insulate the second urn to keep the water warm. The reason for the ruling of Rabban Shimon ben Gamliel is: It is prohibited to insulate a pot on Shabbat, due to concern lest one heat the food beforehand. Now that he has already taken steps to cool the water by pouring it from one urn to another, is there concern that he will boil it again on Shabbat? And Rabban Shimon ben Gamliel said: If he insulated the pot and covered it with something that may be moved on Shabbat, or if he insulated it with something that may not be moved on Shabbat because it is set-aside and covered it with something that may be moved on Shabbat, he may take the pot to remove food and return it to its place and not be concerned. However, if he both insulated it and covered it with something that may not be moved on Shabbat, or if he insulated it in something that may be moved on Shabbat and covered it with something that may not be moved on Shabbat, if the pot was partially exposed, he may remove the pot and the cover will fall on its own and then return it to its place. And if the pot was not partially exposed, he may not remove the pot and then return it to its place. Rabbi Yehuda says: The chaff of fine flax is like manure. Therefore, one may not insulate food in it even on Shabbat eve. One may place a copper urn upon a copper urn, and one may place an earthenware pot upon an earthenware pot because the lower utensil will not heat the upper one. However, one may not place an earthenware pot upon a copper urn, or a copper urn upon an earthenware pot, as in that case there is concern that the upper utensil will be heated by the lower one. And one may seal the mouth of a pot with dough. All of the above may not be undertaken in order to heat the water, but only so that its heat will be maintained and it will not cool down. And just as one may not insulate hot food to keep it warm, so too, one may not insulate cold food to keep it cold. Rabbi Yehuda HaNasi permitted insulating cold food on Shabbat. And one may neither crush snow nor hail on Shabbat so that its water will flow and he will be able to drink it. That act involves creation of a new entity, water from ice, on Shabbat, which is prohibited. However, he may place the snow or the hail into a cup or a dish and allow it to melt on its own, and he need not be concerned. Due to the mitzva to rest one’s animals on Shabbat, one’s animal may not go out into the public domain bearing a burden. However, an object designated to protect the animal or to prevent it from fleeing is not considered a burden; therefore, an animal bearing objects that serve that purpose may go out into the public domain.

MISHNA: The mishna asks: With what may an animal go out into the public domain on Shabbat and with what may it not go out? A camel may go out on Shabbat with an afsar, and a naka may go out with a ḥatam, and a luvdekim may go out with a perumbiya. All these terms will be defined in the Gemara. And a horse may go out with a chain around its neck. And, in general, all animals that typically have a chain around their necks when they go out to the public domain may go out with a chain on Shabbat and may be pulled by the chain. If these chains contracted ritual impurity, one may sprinkle waters of purification on them and immerse them in their place on the animal, and they need not first be removed. GEMARA: Several terms in the mishna were not clear to the Sages, and the Gemara asks: What is the meaning of naka with a ḥatam? Rabba bar bar Ḥana said: A white female camel (ge’onim) with an iron nose ring. And what is the meaning of luvdekim with a perumbiya? Rav Huna said: A Libyan donkey with an iron halter. Having mentioned a Libyan donkey, the Gemara relates that Levi once sent money to Bei Ḥozai to procure for himself a Libyan donkey, which is reputed to be of superior quality. They bound his money, returned it, and sent him barley, to say that the strides of a donkey depend on the barley that it eats. If one provides his donkey with better feed, its performance will be as good as that of a Libyan donkey. Rav Yehuda said that Shmuel said: The students switched the details in the mishna before Rabbi Yehuda HaNasi and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? For example, may a white female camel go out with a bit or a camel with an iron nose ring? The Gemara explains: The case of a white female camel going out with a bit should not be a dilemma for you; since it is not sufficiently secured by a bit, it is regarded as a burden with which the animal may not go out. The case where there should be a dilemma for you is that of a camel going out to the public domain with a nose ring. What is the halakha in that case? The Gemara explains the dilemma: Is the halakha that since a bit alone suffices to secure a camel, an iron nose ring is considered a burden? Or, is the halakha perhaps that with regard to a device that provides excessive security we do not say that it is a burden? Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi that so said father, Rabbi Yosei: Four animals may go out with a bit: The horse, and the mule, and the camel, and the donkey. What does this list come to exclude? Is it not coming to exclude a camel going out with a nose ring? Apparently, the dilemma is resolved. The camel may go out only with a bit. The Gemara rejects this proof: No, the list comes to exclude a white female camel going out with a bit. It was taught in a baraita: A Libyan donkey and a camel may go out with a bit. The Gemara notes that the question whether or not an animal may go out into the public domain with excessive security is parallel to a dispute between the tanna’im, as it was taught in a baraita: A non-domesticated animal may not go out with a collar. Ḥananya says: It may go out with a collar and with anything that secures it. The Gemara clarifies the case: With what are we dealing here? If you say that we are dealing with a large non-domesticated animal, does a collar suffice for it? Since it does not sufficiently secure the animal, it is considered a burden, and it is prohibited for the animal to go out with it on Shabbat. Rather, it must be dealing with a small non-domesticated animal. In that case, doesn’t a collar suffice for it? Why then does the anonymous first tanna hold that the animal may not go out with it? Rather, is it not that the practical difference between their opinions is with regard to a cat? The anonymous first tanna of the baraita holds that since a small rope suffices for the cat, a collar is considered a burden with which the cat may not go out into the public domain. And Ḥananya holds that with regard to a device that provides excessive security, we do not say that it is a burden. The tanna’im disagree whether or not a device that provides excessive security is considered a burden. The Gemara concludes: Rav Huna bar Ḥiyya said that Shmuel said: The halakha is in accordance with the opinion of Ḥananya. A device that provides excessive security is not considered a burden. The Gemara relates that Levi, son of Rav Huna bar Ḥiyya, and Rabba bar Rav Huna were once going together on a road. Levi’s donkey on its own initiative went ahead of the donkey of Rabba bar Rav Huna. Rabba bar Rav Huna was offended because he was the greater Torah scholar, and he thought that Levi went first to assert that he considered himself the greater scholar. Levi said to himself: I will say something to him, so that he will be placated and will understand that it was not my intention to disrespect him. He said to him: An undisciplined donkey whose conduct is wicked like this one that I am riding, what is the ruling with regard to having it go out with a halter on Shabbat? Typically, in order to secure a donkey, a bit suffices and it does not require a halter. A halter constitutes excessive security. However, the question is whether or not a halter that provides excessive security for a wild donkey like this one is considered a burden with which it is prohibited to go out to the public domain on Shabbat. Rabba bar Rav Huna said to him: Even if the security is considered extraneous, your father said the following in the name of Shmuel: The halakha is in accordance with the opinion of Ḥananya, who said that a device that provides excessive security is not considered a burden. A Sage of the school of Menashiya taught a baraita: A goat in which one carved out a hole between its horns may go out with a bit on Shabbat. Because the bit is inserted through the hole, it will not become detached. Rav Yosef raised a dilemma: What is the ruling in a case where one inserted the bit through the goat’s beard? The Gemara explains the dilemma: Is the halakha that since, if the goat attempts to sever itself from the bit, it would cause it pain because the bit is attached to its beard, and therefore it will not come to sever it and the bit will remain in place? Or perhaps is the halakha that sometimes the knot will loosen and the bit will fall, and the goat’s owner will come to bring the bit and carry it four cubits in the public domain? No resolution was found to this dilemma. Let it stand unresolved. We learned there in a mishna: And neither may a cow go out with a strap between its horns. Rabbi Yirmeya bar Abba said: Rav and Shmuel disagreed about this: One said: Whether it was placed for beauty, as an ornament, or whether it was placed to secure the cow, it is prohibited for the cow to go out with the strap between its horns. And the other one said: For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted. Rav Yosef said: Conclude that Shmuel is the one who said that if the strap was placed for beauty it is prohibited; however, if it was placed to secure the cow it is permitted. As Rav Huna bar Ḥiyya said that Shmuel said: The halakha is in accordance with the opinion of Ḥananya: A device that provides excessive security is not considered a burden. Therefore, an animal may go out on Shabbat with straps that provide excessive security. Abaye said to him: On the contrary, conclude that Shmuel is the one who said that whether it was placed for beauty, as an ornament, or whether it was placed to secure the cow, it is prohibited. As Rav Yehuda said that Shmuel said: The students exchanged the details in the mishna before Rabbi Yehuda HaNasi and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? And Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi: So said father, Rabbi Yosei: Four animals may go out with a bit: The horse, the mule, and the camel, and the donkey. Does this list not come to exclude a camel going out with a nose ring, as a nose ring provides excessive security beyond that required for a camel? Apparently, according to Shmuel, an animal may not go out on Shabbat with a device that provides excessive security, as it is considered a burden. Rav Yosef said to him: Delete this latter statement of Shmuel due to that first one. The Gemara asks: And what did you see that led you to delete this latter statement due that first one? Delete that first statement due to this latter one. The Gemara explains: The first statement is supported as we find that Shmuel is the one who said : For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted, as it was stated that Rav Ḥiyya bar Ashi said that Rav said: Whether the strap was placed for beauty, or whether it was placed to secure the cow, it is prohibited. And Rav Ḥiyya bar Avin said that Shmuel said: For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted. The Gemara raises an objection from a baraita: If its owner tied a red heifer with its reins that are attached to the bit, it remains fit for use in the purification ritual. And if it should enter your mind to say that a bit is considered a burden, why does a red heifer remain fit for use? The Torah explicitly stated: “Speak to the children of Israel, that they bring you a red heifer without defect, in which there is no blemish, and upon which never came a yoke” (Numbers 19:2). A red heifer is disqualified by a burden. Abaye said: There, the baraita is referring to the case of a red heifer whose owner is leading it from city to city. When the animal is removed from its habitat, it requires additional security. In that case, tying the heifer with its reins is conventional rather than excessive security. Therefore, the bit is not considered a burden. Rava said: A red heifer, whose monetary value is high, is different and therefore secured more carefully than other cows. Ravina said: The baraita is referring to a red heifer that is rebellious and headstrong. Therefore, it requires added security. We learned in the mishna: A horse may go out with a chain around its neck, and so too, all animals that typically have chains around their necks when they go out to the public domain may go out with chains on Shabbat and may be pulled by the chains. The Gemara asks: What is the meaning of: May go out, and what is the meaning of: May be pulled? Rav Huna said: These animals may go out either with the chain wrapped around their necks as an ornament, or they may be pulled by the chain. And Shmuel said: These animals may go out pulled by the chain; however, they may not go out with the chain wrapped around their necks as an ornament. It was taught in a baraita: They may go out with the chains loosely wrapped around their necks, so that if the need arises, the animals will be able to be pulled by their chains. Rav Yosef said: I saw the calves of the house of Rav Huna go out into the public domain on Shabbat with their bits and with the reins wrapped around their necks. When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Ḥanina said: The mules of the house of Rabbi Yehuda HaNasi go out into the public domain with their bits on Shabbat. A dilemma was raised before the Sages: Does this mean that the mules went out with their bits and reins wrapped around their necks; or, does it mean that they were pulled by the reins? Come and hear a resolution to this dilemma from the following incident: When Rav Shmuel bar Yehuda came from Eretz Yisrael to Babylonia, he said that Rabbi Ḥanina said: The mules [molaot] of the house of Rabbi Yehuda HaNasi went out on Shabbat with their bits with the reins wrapped around their necks. The Sages said before Rav Asi: That statement of Rav Shmuel bar Yehuda is not necessary. It may be derived from the statement of Rav Dimi. As, if it would enter your mind to say that Rav Dimi said that the mules of the house of Rabbi Yehuda HaNasi went out on Shabbat pulled by their bits, it is difficult. There is nothing novel in that statement, as it may be derived from the statement that Rav Yehuda said that Shmuel said. As Rav Yehuda said that Shmuel said: The students switched the details in the mishna before Rabbi Yehuda HaNasi, and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? And Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi: So said father, four animals may go out with a bit: The horse, and the mule, and the camel, and the donkey. Apparently, according to Rabbi Yehuda HaNasi, a mule may go out on Shabbat pulled by its bit. Rav Asi said to them: This statement of Rav Shmuel bar Yehuda is necessary, as if it were derived from the statement of Rav Yehuda, who related that which Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi, I would have said that Rabbi Yishmael, son of Rabbi Yosei, said that before him, and Rabbi Yehuda HaNasi did not accept it from him. Therefore, that statement of Rav Dimi teaches us that Rabbi Yehuda HaNasi indeed accepted it from Rabbi Yishmael and his mules went out with their bits on Shabbat. And if it had been derived only from the statement of Rav Dimi, I would have said that this applies only when the mule is pulled by its bit; however, if the reins are merely wrapped around the animal’s neck, no, the animal may not go out with it. Therefore, that statement of Rav Shmuel bar Rav Yehuda teaches us that the mules of the house of Rabbi Yehuda HaNasi went out on Shabbat with their reins wrapped around their necks. It was further taught in our mishna: If these chains contracted ritual impurity, one may sprinkle water of purification on them and immerse them in their place on the animal. The Gemara asks: Is that to say that these chains are fit to contract ritual impurity? Didn’t we learn in a mishna: A ring worn by a person is ritually impure. However, the ring of an animal, and rings of utensils, and all other rings not worn by people are ritually pure. Rabbi Yitzḥak Nappaḥa said: Our mishna is referring to ornaments that were transformed from their original designation for a person’s adornment to an ornament designated for an animal’s adornment. They had once belonged to a person who later affixed them in order to attach a strap to an animal. Their original ritual impurity does not cease when they are attached to the animal. And Rav Yosef said: Animals’ rings can become ritually impure since a person pulls his animal with them. Consequently, they are considered utensils used by people. Wasn’t it taught in a baraita: The metal animal prod becomes ritually impure? What is the reason that it becomes ritually impure even though it is an animal’s utensil? Since a person subjugates his animal with it, it is regarded as a utensil for use by a person; therefore, it can become ritually impure. Here too, with regard to chains, since a person pulls his animal with them, they are regarded as utensils for use by a person. And we learned in our mishna: If the animals’ chains became ritually impure, one may immerse them while they are in their place on the animal, and they need not first be removed. The Gemara raises a question: Isn’t this an obstruction that renders the immersion invalid? The rings of the chain are firmly attached to the chain, and there is no room for the water of the ritual bath to completely surround the chain. Rabbi Ami said: The mishna is referring to a case where he struck the rings of the chain with a hammer, widening them and thereby creating sufficient space to allow the water to surround the chain on all sides. The Gemara asks: Let us say that Rabbi Ami holds in accordance with the opinion of Rav Yosef. As, if he held in accordance with the opinion of Rabbi Yitzḥak Nappaḥa, who said that our mishna is referring to ornaments that were transformed from their original designation for a person’s adornment to an ornament designated for an animal’s adornment, and therefore they can be ritually impure with impurity contracted while it was still a person’s ornament, it is difficult. Since he struck the chain, he performed an action which altered its identity, and the impurity would have ceased even without immersion. As we learned in a mishna: All vessels descend into their state of ritual impurity by means of thought. Even though an unfinished vessel cannot become ritually impure, if the craftsman decided not to complete it, it immediately assumes the legal status of a completed vessel and can become ritually impure. However, they only ascend from their state of ritual impurity by means of a change resulting from an action. A ritually impure vessel, once it undergoes physical change, is no longer ritually impure. Hammering the rings is an action that effects physical change. Therefore, the chain should be ritually pure without immersion. The Gemara rejects this argument: Actually, Rabbi Ami could interpret the mishna just as Rabbi Yitzḥak Nappaḥa did, as he holds in accordance with the opinion of Rabbi Yehuda, who said that an action performed to enhance a utensil is not an action capable of ridding that utensil of its ritual impurity, as it was taught in a baraita: Rabbi Yehuda said: He did not say that an action that effects a physical change purifies a utensil of its ritual impurity with regard to an action performed to enhance a utensil; rather, he made his statement with regard to an action performed to ruin the utensil. It was taught in a baraita: The mishna is referring to a case where the rings attached to the chain are well spaced so that the water completely surrounds the rings of the chain with no obstruction. It was taught in the Tosefta: A certain disciple from the Upper Galilee asked Rabbi Eliezer: I heard that one distinguishes between one type of ring and another type of ring. However, I do not know with regard to what halakha this distinction is made. Rabbi Eliezer said to him: Perhaps you only heard that distinction with regard to the matter of Shabbat; a ring for adornment may be moved on Shabbat and other rings may not. As, with regard to the matter of ritual impurity, this ring and that ring are one and the same, and there is no distinction between them. The Gemara raises an objection: And with regard to the matter of ritual impurity, are this and that one and the same? Didn’t we learn in a mishna: A ring worn by a person is ritually impure; however, the ring of an animal, and that of utensils, and all other rings not worn by people are ritually pure? Apparently, a distinction is made between different types of rings with regard to the halakhot of ritual impurity as well. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that with regard to ritual impurity there is no distinction between different types of rings worn by a person. The Gemara raises another objection: And with regard to rings worn by a person, are this and that one and the same? Wasn’t it taught in a baraita: A ring that one fashioned into a buckle at the end of a belt to wear it around his waist, or into a clasp to tie garments between his shoulders, is ritually pure? The Sages only said that a ring is ritually impure with regard to a ring worn on a person’s finger. Apparently, there is in fact a distinction between different rings worn by a person. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that there is no distinction between different types of rings worn on a person’s finger. The Gemara raises yet another objection: And with regard to rings worn on a person’s finger, are this and that one and the same? Didn’t we learn in a mishna: A ring made of metal and its seal is made of coral, is ritually impure? The primary component of the ring, metal, is the determining factor, and a metal utensil can become ritually impure. However, a ring that is made of coral and its seal is made of metal is ritually pure. Apparently, there is a distinction between different types of finger rings with regard to ritual impurity. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that there is no distinction between different types of rings that are made entirely of metal. And furthermore, that same disciple asked: I heard that one distinguishes between one type of needle and another type of needle. Still, I do not know with regard to what halakha this distinction is made. Rabbi Eliezer said to him: Perhaps you only heard that distinction with regard to Shabbat. With regard to the prohibition of carrying from a private to a public domain, or vice versa, there is a distinction between a needle with an eye, for which one is liable to bring a sin-offering, and one without an eye, for which one is not. As, if you were to suggest that the distinction is with regard to ritual impurity, this, a needle with an eye, and that, a needle without an eye, are one and the same, and there is no distinction between them. The Gemara raises an objection: And with regard to the matter of ritual impurity, are this and that one and the same? Are all needles alike? Didn’t we learn in a mishna: A needle whose eye or whose point was removed is ritually pure, as it is no longer fit for use? Apparently, there is a distinction between an intact needle and a broken one with regard to the halakhot of ritual impurity. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he was referring to a whole needle. Indeed, there is no distinction between different types of whole needles with regard to the halakhot of ritual impurity. The Gemara raises another objection: And with regard to whole needles, are this and that one and the same? Is there no distinction between them? Didn’t we learn in a mishna: With regard to a needle that became rusty; if the rust inhibits the sewing, the needle is ritually pure; and if it does not inhibit the sewing, it is ritually impure. And the Sages of the school of Rabbi Yannai said: And that is the halakha that the needle cannot become ritually impure not only when it is impossible to push the needle through the fabric, but even when the mark of rusty needle is conspicuous in the stitching. Apparently, there is a distinction between different types of whole needles. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he was saying to him that there is no distinction between different types of needles that were smoothed and filed. He was not referring to rusty needles. The Gemara raises yet another objection: And with regard to smoothed needles, are this and that one and the same? Wasn’t it taught in a baraita: A needle, whether it has an eye and whether it does not have an eye, may be moved on Shabbat? And we only said that a needle with an eye is different with regard to the halakhot of ritual impurity. Apparently, there is a distinction between different types of smoothed needles with regard to the halakhot of ritual impurity. The Gemara answers: Didn’t Abaye already interpret that baraita in accordance with the opinion of Rava as referring to unfinished needles? If a needle is unfinished, and it has not been perforated to create an eye, it cannot become ritually impure because it is not yet a utensil. However, if the needle is finished, whether it has an eye and is used for sewing, or it does not have an eye and is used as a pin, it is regarded as a utensil and therefore can become ritually impure. MISHNA: A donkey may go out on Shabbat with a saddlecloth that protects it from the cold when it is tied to the animal, and there is no room for concern lest it fall. Rams may go out levuvin. Ewes may go out sheḥuzot, kevulot, and kevunot. All of these terms are discussed and explained in the Gemara. She-goats may go out with their udders bound. Rabbi Yosei prohibits the animals from going out with all of these items, as he considers them burdens, except for the ewes that are kevunot. Rabbi Yehuda says: Goats may go out on Shabbat with their udders bound to dry their milk supply and discontinue their lactation, in order to facilitate conception. In that case, they are tied with a tight, permanent knot, and there is no concern lest it fall in the public domain. However, they may not go out with their udders bound to conserve their milk, as in that case they are bound loosely. GEMARA: Shmuel said: And with regard to the halakha taught in our mishna that a donkey may go out on Shabbat with its saddlecloth, that only applies to a case where it was tied to the animal from Shabbat eve. Rav Naḥman said: The wording of our mishna is also precise in support of Shmuel’s statement, as it teaches later in the chapter: A donkey may not go out into the public domain on Shabbat with its saddlecloth when it is not tied to its back. The Gemara clarifies the meaning of that mishna: What are the circumstances? If you say that the later mishna is referring to a case where the saddlecloth is not tied to the animal at all, that is obvious. There is concern lest the saddlecloth fall from the animal and its owner will come to bring it and carry it four cubits in the public domain. Rather, is it not referring to a case where the saddlecloth is presently tied to the animal, but it was not tied from Shabbat eve? By inference, conclude that the first clause, i.e., our mishna, which permits the animal to go out with its saddlecloth, is referring to a case where the saddlecloth was tied to the animal from Shabbat eve. The Gemara concludes: Indeed, conclude from it that this is the correct understanding. That was also taught in a baraita: A donkey may go out on Shabbat with its saddlecloth when it was tied to the animal from Shabbat eve, and it may not go out with the saddle, even though it was tied to the animal from Shabbat eve. Rabban Shimon ben Gamliel says: The donkey may even go out with its saddle when it was tied to the animal from Shabbat eve, provided that he does not tie the strap with which the saddle is fastened around the donkey’s belly, and provided that he does not pass a strap under the animal’s tail, which is standard procedure when placing a burden on the animal. Rav Asi bar Natan raised a dilemma before Rabbi Ḥiyya bar Rav Ashi: What is the halakha with regard to placing a saddlecloth on a donkey on Shabbat in a private domain in order to warm the donkey with no intention to take it into the public domain? Rabbi Ḥiyya bar Ashi said to him: It is permitted. Rav Asi bar Natan said to him: What is the difference between this and a saddle, which may not be moved on Shabbat? Rabbi Ḥiyya bar Ashi remained silent and did not answer. Rav Asi bar Natan thought that Rabbi Ḥiyya was of the opinion that even a saddle may be placed on a donkey on Shabbat. He, therefore, raised an objection from a baraita: A saddle that is on a donkey on Shabbat, and its owner wishes to remove it, he may not move it with his hand to remove it; rather, he walks the animal back and forth in the courtyard, and the saddle falls on its own. Now even with regard to removing a saddle that is already on the animal’s back, you said no, one may not move it; is prohibiting one from placing the saddle on the animal necessary? Rabbi Zeira said to Rav Asi: Leave Rabbi Ḥiyya, and do not raise an objection to his statement, as he agrees with his teacher. As Rav Ḥiyya bar Ashi said that Rav said: One may hang a basket with fodder around the neck of an animal on Shabbat, and by means of an a fortiori inference, derive that one may place a saddlecloth on an animal’s back on Shabbat. What is the a fortiori inference? Just as there, placing the basket of fodder so that the animal can eat without bending down, which is done for the animal’s pleasure, is permitted; here, placing the saddlecloth, which is done to prevent the animal from suffering from the cold, all the more so should be permitted. Shmuel said: A saddlecloth is permitted; however, a basket with fodder is prohibited. Rabbi Ḥiyya bar Yosef went and said the halakha of Rav before Shmuel. Shmuel said to him: If Abba, Rav, actually said that, he knows nothing at all about matters of Shabbat. When Rabbi Zeira ascended to Eretz Yisrael he found Rabbi Binyamin bar Yefet who sat and said to him in the name of Rabbi Yoḥanan: One may place a saddlecloth on a donkey on Shabbat. Rabbi Zeira said to him: You have spoken well, and Aryokh explained the matter likewise in Babylonia. The Gemara asks: Who is Aryokh? It is Shmuel. Didn’t Rav also say that one may place a saddlecloth on a donkey on Shabbat? With regard to a saddlecloth they agree. Why then did Rabbi Zeira attribute the ruling specifically to Shmuel? Rather, he heard Rabbi Binyamin bar Yefet conclude: However, one may not hang a basket with fodder around the neck of an animal on Shabbat. It was that part of the statement that led him to say: You have spoken well, and Aryokh explained the matter likewise in Babylonia. The Gemara continues: In any case, everyone agrees that a saddlecloth is permitted. The question arises: How is a saddlecloth different from a saddle, which may not even be removed from the donkey? If the concern is for the animal’s suffering, why is it not permitted to remove the saddle? The Gemara answers: It is different there, as it is possible for the saddle to fall on its own. Therefore, there is no reason to permit its removal by hand. Rav Pappa said: There is a distinction between the two cases: Here, where the Sages permitted placing a saddlecloth on a donkey on Shabbat, it is to warm the animal. There, where the Sages prohibited removing a saddle, it is to cool the animal. Placing the saddlecloth to warm the animal is permitted because otherwise it experiences discomfort from the cold. However, removing the saddle to cool the animal is prohibited because the animal does not experience discomfort from excessive heat. And that is the folk saying that people say: A donkey, even in the summer season of Tammuz, is cold. Therefore, seeing to the animal’s warmth is more important. The Gemara raises an objection from the Tosefta to those who prohibit placing a basket with fodder around an animal’s neck on Shabbat: A horse may neither go out into the public domain on Shabbat with a fox’s tail that is placed as a talisman to ward off the evil eye nor with a string of red wool that is hung between its eyes as an ornament. Neither may a zav go out with his pouch that prevents his clothes from becoming sullied from his emissions, nor goats with a pouch that is on their udders so that they will not be scratched by stones, nor a cow with the muzzle that is on its mouth, nor foals with baskets of fodder that are around their mouths into the public domain. And an animal may neither go out with metal shoes that are on its feet, nor with an amulet that is placed on the animal to promote its good health, even if the amulet has proven effective. And this is a stricture that applies to animals beyond the strictures that apply to people, as a person is permitted to go out into the public domain with an amulet that has proved effective. However, an animal may go out with a bandage that is on a wound, and with splints that are on a broken bone so that it will heal properly, and with the afterbirth hanging from its womb. And one may plug the bell hanging from an animal’s neck to prevent it from ringing, and then the animal may walk with it in the courtyard, which is a private domain, but not in a public domain. In any case, it is taught here: Nor foals with baskets of fodder that are around their mouths into the public domain. By inference: It is specifically into the public domain that they may not go with fodder baskets in their mouths; however, in a courtyard, they may well walk with a basket of fodder. What? Is it not referring to large foals around whose necks fodder baskets are hung for their pleasure? The Gemara answers: No, it is referring to small foals, and the baskets are hung to prevent their discomfort. The legs of a young foal are long and its neck is short. Consequently, eating from the ground is difficult. Hanging the fodder basket around its neck enables it to eat without bending down. The Gemara adds: This is also precise in the language of the Tosefta, as it teaches the case of the foals similar to the case of an amulet worn for healing purposes. The Gemara concludes: Indeed, learn from it that this is the correct understanding. The Gemara further examines the baraita cited earlier. The Master said: Nor may an animal go out with an amulet on Shabbat, even if the amulet proved effective. The Gemara asks: Didn’t we learn in a mishna: One may not go out on Shabbat with an amulet that has not proved effective? By inference: If the amulet proved effective, he may well do so. The Gemara answers: Here too, it is referring to an amulet that has not proved effective. The Gemara asks: Doesn’t the baraita teach: Even if the amulet proved effective? The Gemara answers: The baraita is referring to an amulet that proved effective for a person, and did not prove effective for an animal. The Gemara wonders: Is there an amulet that proved effective for a person and is not effective for an animal? Healing an animal should be easier than healing a person. The Gemara answers: Yes, an amulet aids a person, who is under the protection of an advocate angel [mazal]; however, it does not aid an animal, which is not under the protection of an advocate angel. The Gemara poses a question: If so, that the baraita is referring to an amulet that did not prove effective for an animal, but if the amulet proved effective, the animal may indeed go out into the public domain with it; what is the meaning of the phrase in the Tosefta: And this is a stricture that applies to animals beyond the strictures that apply to people? The halakha is the same with regard to both people and animals. If the amulet has proven effective, even an animal may go out with it on Shabbat. If it has not proven effective, even a person may not go out with it. The Gemara responds: Do you hold that this statement is referring to an amulet? It is referring to a shoe; an animal may not go out with a shoe on Shabbat, but a person may. With regard to whether and to what extent the discomfort of animals is a factor taken into consideration on Shabbat, the Gemara says: Come and hear that which was taught in a baraita: One may smear on oil and scrape off a scab on Shabbat for a person, and one may not smear on oil and scrape off a scab for an animal. Is it not referring here to a case where there is a wound, and he smears on oil and scrapes the scab due to the discomfort caused by the wound, and nevertheless it was permitted exclusively for a person and not for an animal? The Gemara rejects this argument: No, it is referring to a case where the wound has already ceased and healed, and he smears oil and scrapes due to the pleasure caused by the treatment. The Gemara cites an additional proof: Come and hear that which was taught in the following baraita: With regard to an animal suffering from heart congestion that restricts its blood supply and whose temperature has risen, one may not stand it in water so that it will cool off. However, with regard to a person suffering from heart congestion that restricts his blood supply, one may stand him in water so that he will cool off. Apparently, the suffering of an animal is of no concern. Ulla said: Here, the Sages issued a decree prohibiting all healing on Shabbat due to the crushing of herbs for medicinal purposes, which is prohibited by Torah law. The Sages prohibited cooling the animal in water lest one come to grind the ingredients used in the preparation of medicine. If so, the same decree should also apply in the case of a person. It should be prohibited to stand a sick person in water to cool him off due to the rabbinic prohibition against engaging in healing on Shabbat. The Gemara answers: In the case of a person, it appears as if he entered the water merely to cool off, not necessarily to cure an illness. The Gemara asks: If so, say in the case of an animal as well that it appears as if it entered the water merely to cool off, not necessarily to cure an illness. The Gemara answers: An animal does not typically enter the water on its own to cool off. Neither does one typically stand an animal in water to cool it off unless it serves some healing purpose. Apparently, due to a decree, the Sages were stringent and prohibited standing the animal in water even if it will die as a result. The Gemara now asks: Do we really issue a decree for an animal? Wasn’t it taught in a baraita: If an animal were standing beyond the Shabbat limit, a situation in which it is prohibited to go fetch it, he may call the animal and it will come to him on its own? And we do not issue a decree to prohibit calling the animal, lest he come to bring it himself. Apparently, the Sages did not issue a decree in a case where one could incur a loss and there is no actual transgression committed. Here too, it should not be prohibited to stand his animal in water due to a decree lest he come to grind herbs and thereby violate a Torah prohibition. And Ravina said: No proof can be cited from this case, as here it is a situation where the animal’s Shabbat limit was subsumed within the limit of its owner. The animal strayed beyond its own Shabbat limit, which is determined by the Shabbat limit of the shepherd entrusted with its herding. However, the animal remained within the Shabbat limit of its owner, which extended beyond that of the shepherd. Consequently, the owner is permitted to call the animal so that it will return on its own. Even if he forgets and goes out to fetch the animal, he will not have gone beyond his Shabbat limit. The fact that the animal itself went beyond its Shabbat limit is of no concern. Rav Naḥman bar Yitzḥak said: The matter of the decree due to crushing herbs is itself subject to a dispute between the tanna’im. As it was taught in a baraita: In the case of an animal that ate vetch, which caused a life-threatening case of constipation, one may not run it around in the courtyard to loosen its bowels due to the decree prohibiting healing. Rabbi Oshaya deems it permitted. Apparently, the tanna’im disagree whether or not healing is prohibited with regard to animals. The Gemara adds that Rava taught: The halakha is in accordance with the opinion of Rabbi Oshaya. The Master said: Neither may a zav go out with his pouch, which prevents his clothes from becoming sullied by his emissions, nor goats with the pouch that is on their udders. The Gemara asks: Wasn’t it taught in a different baraita: Goats may go out with the pouch that is on their udders? Rav Yehuda said: This is not difficult. This baraita is referring to a pouch that is tied tightly to the udder. It is permitted because there is no concern that the pouch will fall. That baraita is referring to a pouch that is not tightly tied. It is prohibited because of the concern that the pouch will fall and a person will come to retrieve it. Rav Yosef said: Have you removed the tanna’im from the world? This is subject to a disagreement between the tanna’im, as we learned in our mishna: She-goats may go out with their udders bound. Rabbi Yosei Rabbi Yosei prohibits the animals from going out with all of these items, as he considers them burdens, except for the ewes that are kevunot. Rabbi Yehuda says: Goats may go out on Shabbat with their udders bound to dry their milk supply and discontinue their lactation in order to facilitate conception, as in that case, they are tied with a tight, permanent knot. However, they may not go out with their udders bound to conserve the milk, as in that case they are bound loosely. Apparently, there are tanna’im who rule leniently with regard to attaching pouches to the udders of goats and permit the practice, and others prohibit doing so. And if you wish, say instead: Both this baraita and that baraita were taught in accordance with the opinion of Rabbi Yehuda, and nevertheless it is not difficult. Here, where the goats are permitted to go out with a pouch on their udders, the baraita is referring to a case where it was done to dry their milk supply. There, where goats are prohibited to do so, the baraita is referring to a case where it was done to conserve the milk. The Gemara adds: It was taught in a baraita that Rabbi Yehuda said: There was an incident involving the goats belonging to the residents of a house in Antioch whose udders were especially large and they would drag along the ground. And they made pouches for them so that their udders would not get scratched. The Gemara cites a related baraita in which the Sages taught: There was an incident where one man’s wife died, and she left him a son to nurse, and he did not have money to pay the wages of a wet-nurse. And a miracle was performed on his behalf, and he developed breasts like the two breasts of a woman, and he nursed his son. Rav Yosef said: Come and see how great this person is that a miracle of that magnitude was performed on his behalf. Abaye said to him: On the contrary, how dishonorable is this person that the order of creation was altered on his behalf. A miracle was indeed performed on his behalf; however, it was performed in a demeaning and unpleasant manner. Rav Yehuda added and said: Come and see how difficult it is to provide for a person’s sustenance. It is so difficult that the order of creation had to be altered on his behalf, which was apparently easier than providing him a source of financial support. Rav Naḥman said: Know that it is so, as miracles are often performed on a person’s behalf; however, it has not yet happened that food was miraculously created in a person’s home. The Gemara relates another unusual story. The Sages taught: There was an incident involving one man who married a one-armed woman, and he did not realize that she was one-armed until the day that she died. Rav said: Come and see how modest this woman was that her husband did not realize this about her. Rabbi Ḥiyya said to him: That is typical conduct for her, as a woman typically covers herself. All the more so a one-armed woman makes sure to cover her defect. Rather, say: How modest was this man that he did not recognize this in his wife. We learned in our mishna: Rams may go out levuvin. The Gemara asks: What is the meaning of levuvin? Rav Huna said: Tied [tutri] in pairs. The Gemara explains: From where may it be inferred that this word levuvin is a term of closeness? As it is written: “You have drawn me near [libavtini], my sister my bride” (Song of Songs 4:9). Ulla said: Levuvin refers to animal hide that one ties over the hearts [lev] of rams so that wolves will not attack them. The Gemara asks: Do wolves attack rams but do not attack ewes? Why is this protection provided only to males? The Gemara answers: Because the males walk at the head of the flock. The Gemara asks: Do wolves attack the head of the flock but not the rear of the flock? Rather, the wolves prey specifically on the rams because they are plump. The Gemara asks: Are there no plump ones among the ewes? And furthermore, do the wolves know how to distinguish between these, the plump ones, and those, the thin ones? Rather, the wolves prey specifically on the rams because they raise their noses and walk while looking to both sides. The wolves think that they are preparing to attack them. Rav Naḥman bar Yitzḥak said: Levuvin refers to animal hide that one ties under their male organ so that they will not mount the females. And from where do we derive that meaning? Because the latter clause states: Ewes may go out sheḥuzot. What is the meaning of sheḥuzot? It means that they fasten [she’oḥazin] their tails with animal hide so that the males may mount them more easily. It is reasonable to explain that the first clause refers to an action undertaken so that the males will not mount the females, and the latter clause to an action undertaken so that the males will mount them. The Gemara asks: From where may it be inferred that this word sheḥuzot is a term of exposure? The Gemara answers: As it is written in the description of a wicked woman: “And behold there met him a woman with the attire of a harlot [shit zona] and wily of heart” (Proverbs 7:10). Sheḥuzot can be interpreted as an acronym of the words shit zona, attire of a harlot, with the letters tav and ḥet, which are similar in form, interchanged. We learned in the mishna: Ewes may go out kevulot. The Gemara asks: What is the meaning of kevulot? It means that they bind their tails down with animal hide so that the males will not mount them. The Gemara explains: From where may it be inferred that this word kavul is a term meaning does not produce fruit? As it is written, when Solomon gave a portion of land to Hiram, he complained: “What cities are these which you have given me, my brother? And he called them the land of Kavul to this day” (I Kings 9:13). What is the meaning of the land of Kavul? Rav Huna said: That the people living there were bound [mekhubalin] and surrounded by silver and gold. Rava said to him: If so, is that what is written: “And Hiram came out of Tyre to see the cities which Solomon had given him, and they pleased him not” (I Kings 9:12)? Because the people there were bound in silver and gold, the cities were not pleasing in his eyes? Rav Huna said to him: Yes, indeed, it was precisely the abundant wealth that displeased Hiram. Since the people were wealthy and delicate, they did not perform labor. Hiram was seeking people whom he could enlist in the service of the king. Rav Naḥman bar Yitzḥak said: It was a sandy [ḥomton] expanse of land. And why was it called Kavul? It is because the leg sinks into it up to the ankle [kavla]. And people say in describing poor quality land: Land that is bound [mekhabela] shut, i.e., that does not produce fruit. We learned in the mishna: Ewes may go out kevunot. The Gemara asks: What is the meaning of kevunot? It is that they covered [mekhabnin] the animal to produce fine wool. Sheep were wrapped in cloth from the day they were born so that their wool would remain perfectly clean and it could be used in fashioning especially fine wool garments. As we learned in a mishna: The color of a leprous sore [se’et] is like that of white wool. The Gemara asked: What is white wool? Rav Beivai bar Abaye said: Like the clean wool of a newborn lamb, which they cover from birth to produce fine wool. Our mishna continues: And the she-goats may go out with their udders bound. Rabbi Yosei prohibits doing so. Rabbi Yehuda distinguishes between a case where the udders were bound to dry the milk supply and a case where they were bound to conserve the milk. It was stated that the amora’im disagreed with regard to the ruling in this dispute: Rav said: The halakha is in accordance with the opinion of Rabbi Yehuda, and Shmuel said: The halakha is in accordance with the opinion of Rabbi Yosei. And there are those who teach this halakha independent of the mishna. Rav said: If the udders were bound to dry the milk supply it is permitted, and not if they were bound to conserve the milk. And Shmuel said: Both this and that are prohibited. And there are those who taught this dispute with regard to this baraita: Goats may go out with their udders bound to dry the milk supply but not to conserve the milk. In the name of Rabbi Yehuda ben Beteira they said: That is the halakha, based on the letter of the law, but who can cast lots to determine by sight alone which udder is bound to dry the milk supply and which was bound to conserve the milk? And since one cannot distinguish between them, the Sages said: Both this and that are prohibited. Shmuel said, and some say Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Beteira. In terms of practical halakha, according to all versions of the disagreement, Shmuel holds that it is prohibited in both cases. When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of the anonymous first tanna of the mishna. He permits goats to go out with their udders bound in all cases. MISHNA: And with what may an animal not go out into the public domain on Shabbat? A camel may not go out with a saddlecloth, nor may it go out akud or ragul, which are different ways of tying its legs together, as will be explained in the Gemara. And likewise, tying all other animals in those manners is prohibited. And likewise, one may not tie camels one to the other and pull the lead camel, thereby pulling the others after it. However, he may place the ropes tied to each of the camels in his hand and pull them all, provided that he does not intertwine the ropes. GEMARA: It was taught in the Tosefta: A camel may not go out with a saddlecloth tied to its tail alone. However, it may go out with a saddlecloth tied to both its tail and its hump, as in that case one can assume that the saddlecloth will not fall off. Rabba bar Rav Huna said: A female camel may go out with a saddlecloth tied to its afterbirth. Because any movement of the saddlecloth will cause pain, the animal will not attempt to detach it. Therefore, there is no room for concern lest it fall. We learned in the mishna: A camel may not go out akud or ragul. Rav Yehuda said: Akud means that the animal’s foreleg and hind leg are bound together, similar to the binding of Isaac, son of Abraham, with regard to whom the term vaya’akod is employed. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. That was done so that the camel would have the use of only three legs and would be unable to run away. The Gemara raises an objection from the following baraita: Akud means that the animal’s two forelegs and two hind legs are bound together. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. The Gemara answers: Rav Yehuda holds in accordance with this tanna, as it was taught in a baraita: Akud means that either the animal’s foreleg and hind leg or its two forelegs and two hind legs are bound together. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. The Gemara asks: And this baraita and Rav Yehuda’s statement are still not the same. Granted, the first clause, the first case of akud, and the last clause, the case of ragul, work out well. The baraita and the opinion of Rav Yehuda correspond. However, the middle clause is difficult. According to the baraita, when the animal’s two forelegs and two hind legs are bound together, that is also considered akud, contrary to Rav Yehuda’s opinion. Rather, Rav Yehuda stated his opinion in accordance with this tanna, who said in a baraita: Akud means that the animal’s foreleg and hind leg are bound together, similar to the binding of Isaac, son of Abraham. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. We learned in the mishna: And one may not tie camels one to the other and pull the lead camel, thereby pulling the others after it. The Gemara asks: What is the reason for this? Rav Ashi said: Because he appears like one going to the market [ḥinga] to sell merchandise or to deliver a caravan of camels. In deference to Shabbat, one may not create that impression. The mishna continues: However, he may place the ropes tied to each of the camels in his hand and pull them all, provided that he does not intertwine the ropes. Rav Ashi said: This prohibition was taught not with regard to the halakhot of Shabbat but only with regard to the halakhot of prohibited mixtures of diverse kinds. The Gemara asks: Diverse kinds of what? If you say that it is referring to the prohibited mixture of the diverse kinds of man and animal, i.e., a person may not be tied to an animal, just as plowing with the diverse kinds of an ox and a donkey is prohibited, that is difficult. Didn’t we learn in a mishna: A person is permitted to plow and to pull a wagon together with all animals, as the prohibition is limited to diverse kinds of animals? Rather, the problem here is one of diverse kinds of ropes. If one rope is made of wool and another of linen, it is prohibited to intertwine them because that would create a forbidden mixture of the diverse kinds of wool and linen. However, this too is difficult, as, wasn’t it taught in a baraita: One who attaches a swatch of wool and a swatch of linen with a single stitch or knot, it is not considered a connection with regard to the prohibition of diverse kinds? All the more so in this case, where the ropes are not tied together at all but are merely intertwined, it should not be considered a connection. The Gemara answers: Actually, the problem here is one of diverse kinds of ropes, and the mishna is saying as follows: Provided that he does not intertwine the ropes and tie them together. Ropes that are intertwined and tied together constitute a double knot, which is considered a connection with regard to the prohibition of diverse kinds of wool and linen. Shmuel said that there is another restriction that applies to pulling camels with ropes on Shabbat. It is only permitted provided that a handbreadth of the rope does not hang below his hand to avoid the appearance that he is carrying a rope in his hand on Shabbat. The Gemara raises an objection: Didn’t a Sage of the school of Shmuel teach a baraita: Provided that two handbreadths of the rope do not hang below his hand? Abaye said: Now that Shmuel said one handbreadth, and a Sage of the school of Shmuel taught two handbreadths, it is reasonable to conclude that Shmuel came to teach us the practical halakha. Even though the tanna’im permitted pulling the camel as long as there is less than two handbreadths of rope hanging below his hand, in practice, one should be stringent and not leave even one handbreadth hanging. The Gemara raises an objection: Wasn’t it taught in a baraita: This is only permitted provided that he raises the rope one handbreadth from the ground? Apparently, there is no restriction with regard to the length of rope that may hang below the person’s hand. The Gemara answers: When this baraita was taught, it was taught with regard to the length of rope between the camel and the person holding it. That part of the rope may not sag to the ground; rather, it must be raised at least one handbreadth so that it is clear that the rope is attached to the camel. MISHNA: This mishna lists additional objects with which an animal may not go out into the public domain on Shabbat: A donkey may neither go out with the saddlecloth when it is not tied to its back, nor with a bell even if it is plugged to prevent it from ringing, nor with a ladder that is around its neck, nor with a strap that is around its leg. And the roosters may not go out with strings and not with a strap on their feet, which are tied there as a sign of ownership. And the rams may not go out with a small wagon under their tails, as it was common practice to put a small wagon under the tails of grown sheep so that the tail would not be injured by dragging on the ground. And ewes may not go out ḥanunot, nor may a calf go out with a gimon, nor may a cow go out with the skin of a hedgehog [kupar], nor with a strap between its horns. The mishna relates that Rabbi Elazar ben Azarya’s cow would go out on Shabbat with a strap between its horns, contrary to the will of the Sages. GEMARA: We learned in the mishna that a donkey may not go out on Shabbat with a saddlecloth if it was not tied to its back. The Gemara explains: What is the reason? As we stated above, there is room for concern that when not secured, the saddlecloth is liable to fall off the animal’s back, and its owner may come to retrieve the saddlecloth in the public domain. We also learned in the mishna: A donkey may not go out with a bell even if it is plugged to prevent it from ringing. The reason is that the animal’s owner appears like one going to the market, who adorns his donkey with bells in honor of market day. It was also taught in the mishna: Nor with a ladder that is around its neck. Rav Huna said: This refers to a device tied to the jaw. For what purpose does the owner do so to the animal? For a circumstance in which the animal has a wound, so that it does not chafe it again and exacerbate the wound. The mishna continues: Nor with a strap that is around its leg. The Gemara explains: What purpose does this strap serve? The owner does so to the animal to protect its strides. If its legs are slightly bent so that they knock against each other when the animal walks, a strap is tied there to prevent injury. We learned further in the mishna: And the roosters may not go out with strings. For what purpose does the owner place the strings? He does so to the roosters as a sign indicating to whom they belong, so that they will not be confused with other roosters. The mishna continues: Nor with a strap on their feet. The Gemara explains that the owner does so to the roosters so that they will not break vessels. When their legs are tied, they jump around less and cause less damage. The mishna teaches: Rams may not go out with a small wagon under their tails. The Gemara explains that these wagons were placed there in order that their tails will not be injured. The mishna teaches: And ewes may not go out ḥanunot. The Gemara relates that Rav Aḥa bar Ulla sat before Rav Ḥisda and he sat and he said: From when they shear the wool off the animal, they soak a soft swatch of wool or some other material in oil and place it on the animal’s forehead so that it will not catch cold until its wool grows back. Ḥanunot refers to animals with those swatches. Rav Ḥisda said to him: If so, you turned the animal into the Exilarch, Mar Ukva. That is treatment fit for him, not for a shorn sheep. Rather, Rav Pappa bar Shmuel sat before Rav Ḥisda, and he sat and he said: At the time that the animal crouches to give birth, those tending to the animal soak two swatches of wool in oil, and place one on the animal’s forehead and the other on its womb so that it will be warmed. Ḥanunot refers to animals with those swatches. Rav Naḥman said to him: If so, you turned the animal into Yalta, my wife, who descended from the house of the Exilarch. That is treatment fit for her, not for an animal. Rather, Rav Huna said: There is a certain tree in the cities on the sea shore, and ḥanun is its name. Those tending to the animal bring a wood chip from the tree and place it in the animal’s nose so that it will sneeze and the worms on its head will fall. The Gemara asks: If so, not only ewes but also rams should be given this treatment. The Gemara answers: Since the rams butt heads with each other, the worms fall in any event. Shimon the Nazirite said: Ḥanunot is referring to animals into whose nose the chip of a broom tree would be placed. The Gemara asks: Granted, according to the explanation of Rav Huna that it is the chip taken from the ḥanun tree, that is why the mishna teaches the halakha employing the term ḥanunot. However, according to the explanations proposed by the other Sages, what is the reason that the mishna employed the term ḥanunot? The Gemara explains: Because we do something to the animals that indicates that we have mercy on them; hanunot in the sense of merciful. We learned in the mishna: And a calf may not go out on Shabbat with a gimon. The Gemara asks: What is the meaning of: A calf with a gimon? Rav Huna said: A small yoke is placed on the calf in order to train it from an early age to bear a yoke. Rabbi Elazar said: From where is it inferred that this term gimon is a term of bending? As it is written: “Is it to bow down his head like a bulrush [agmon]” (Isaiah 58:5). There is an etymological similarity between the words gimon and agmon. The mishna continues: And a cow may not go out on Shabbat with the skin of a hedgehog placed over its udder. The Gemara explains that the owner does this to the cow so that creeping animals will not suckle from it. It was also taught in the mishna: And not with a strap that is between its horns. The Gemara notes: If this is explained according to the opinion of Rav, whether the strap was intended as an ornament or whether it was intended to secure the animal, it is prohibited for the cow to go out into the public domain with it. If this is explained according to the opinion of Shmuel, if the strap was intended as an ornament, it is prohibited; if it was intended to secure the animal, it is permitted. The mishna relates that the cow of Rabbi Elazar ben Azarya would go out on Shabbat with a strap between its horns, contrary to the will of the Sages. The Gemara asks: Did Rabbi Elazar ben Azarya have only one cow? Didn’t Rav say, and some say that Rav Yehuda said that Rav said: Rabbi Elazar ben Azarya would tithe from his herds 12,000 calves each and every year? There were 120, 000 calves born in his herds annually. There is no way, then, to speak of the cow of Rabbi Elazar ben Azarya. The Gemara answers: It was taught in the Tosefta: The cow was not his; rather, it was his neighbor’s. And because he did not protest her conduct and tell her that doing so is prohibited the cow was called by his name to his discredit, as if it were his. It was related that Rav, and Rabbi Ḥanina, and Rabbi Yoḥanan, and Rav Ḥaviva taught the statement cited below. The Gemara comments: Throughout the order of Moed, wherever this pair of Sages is mentioned, exchange Rabbi Yoḥanan and insert Rabbi Yonatan in his place. In any event, they said: Anyone who had the capability to effectively protest the sinful conduct of the members of his household and did not protest, he himself is apprehended for the sins of the members of his household and punished. If he is in a position to protest the sinful conduct of the people of his town, and he fails to do so, he is apprehended for the sins of the people of his town. If he is in a position to protest the sinful conduct of the whole world, and he fails to do so, he is apprehended for the sins of the whole world. Rav Pappa said: And the members of the household of the Exilarch were apprehended and punished for the sins of the whole world. Because their authority extends across the entire Jewish world, it is in their hands to ensure that nobody commit a transgression. As indicated by that which Rabbi Ḥanina said: What is the meaning of that which is written: “The Lord will enter into judgment with the Elders of His people and its princes, saying: It is you who have eaten up the vineyard; the robbery of the poor is in your houses” (Isaiah 3:14)? The question arises: If the princes sinned by committing robbery, what did the Elders, i.e., the Sages of that generation, do that was considered a sin? Rather, say: God will enter into judgment with the Elders because they did not protest the sinful conduct of the princes. The Gemara relates: Rav Yehuda was sitting before Shmuel when this woman came and cried before Shmuel about an injustice that had been committed against her, and Shmuel paid no attention to her. Rav Yehuda said to Shmuel: Doesn’t the Master hold in accordance with the verse: “Whoever stops his ears at the cry of the poor, he also shall cry himself, but shall not be heard” (Proverbs 21:13)? He said to him: Big-toothed one, your superior, i.e., I, your teacher, will be punished in cold water. The superior of your superior will be punished in hot water. Mar Ukva, who sits as president of the court, is responsible for those matters. And from where is it derived that this responsibility is incumbent upon the house of the Exilarch? As it is written: “House of David, so says the Lord: Execute judgment in the morning, and deliver him that is robbed out of the hand of the oppressor, lest My fury go forth like fire, and burn so that none can quench it because of the evil of your doings” (Jeremiah 21:12). The Exilarch is a direct descendant of the house of David. With regard to the issue of reprimand, it was related that Rabbi Zeira said to Rabbi Simon: Let the Master reprimand the members of the house of the Exilarch, as Rabbi Simon had some influence over them. Rabbi Simon said to him: They will not accept reprimand from me. Rabbi Zeira said to him: Let my master reprimand them even if they do not accept it. As Rabbi Aḥa, son of Rabbi Ḥanina, said: Never did a promise manifesting a good attribute emerge from the mouth of the Holy One, Blessed be He, and He later retracted it and rendered it evil, except with regard to this matter, as it is written: “And the Lord said to him: Go through the midst of the city, through the midst of Jerusalem, and set a mark [tav] upon the foreheads of the men that sigh and that cry on account of all the abominations that are done in her midst” (Ezekiel 9:4). The Holy One, Blessed be He, said to the angel Gabriel: Go and inscribe a tav of ink on the foreheads of the righteous as a sign so that the angels of destruction will not have dominion over them. And inscribe a tav of blood on the foreheads of the wicked as a sign so that the angels of destruction will have dominion over them. The attribute of justice said before the Holy One, Blessed be He: Master of the Universe, how are these different from those? He said to that attribute: These are full-fledged righteous people and those are full-fledged wicked people. The attribute of justice said to Him: Master of the Universe, it was in the hands of the righteous to protest the conduct of the wicked, and they did not protest. He said to that attribute: It is revealed and known before Me that even had they protested the conduct of the wicked, they would not have accepted the reprimand from them. They would have continued in their wicked ways. The attribute of justice said before Him: Master of the Universe, if it is revealed before You that their reprimand would have been ineffective, is it revealed to them? The Holy One, Blessed be He, retracted His promise to protect the righteous and decided that those who failed to protest would also be punished. And that is the meaning of that which is written: “Slay utterly old and young, both maid, and little children, and women; but come not near any man upon whom is the mark; and begin at My Sanctuary” (Ezekiel 9:6). And it is written in that same verse: “Then they began with the elderly men who were before the house.” Rav Yosef taught: Read not: My Sanctuary [mikdashi], rather: Those sanctified to Me [mekudashai]. These are people who observed the whole Torah in its entirety from alef through tav. And immediately: “And, behold, six men came from the way of the higher gate, which lies toward the north, and every man with his weapon of destruction in his hand; and one man among them was clothed in linen, with a writer’s inkwell by his side; and they went in and stood beside the bronze altar” (Ezekiel 9:2). The Gemara asks: Was there a bronze altar in the Temple in the time of Ezekiel? Already in the days of Solomon there was only a stone altar. Rather, this should be understood as a figure of speech. The Holy One, Blessed be He, said to them: Begin from the place where they recite songs of praise before Me. This is a reference to the Levites in the Temple whose musical instruments are made of bronze. And who are the six men mentioned here? Rav Ḥisda said: Fury, Wrath, and Rage, and Destroyer, and Breaker, and Annihilator, six angels of destruction. The Gemara asks further: And what is different about the letter tav, that it was inscribed on the foreheads of the righteous? Rav said: Tav is the first letter of the word tiḥye, you shall live, indicating that the righteous shall live. Tav is also the first letter of the word tamut, you shall die, indicating that the wicked shall die. And Shmuel said: The letter tav is the first letter of the word tama, ceased, indicating that the merit of the Patriarchs has ceased and will not help the wicked. Rabbi Yoḥanan said: The letter tav is the first letter of the word taḥon, will have mercy, indicating that due to the merit of the Patriarchs God will have mercy on the righteous. And Reish Lakish said: The letter tav is the last letter of the seal of the Holy One, Blessed be He, as Rabbi Ḥanina said: The seal of the Holy One, Blessed be He, is truth [emet], which ends with the letter tav. Rabbi Shmuel bar Naḥmani said: The letter tav teaches that these are people who observed the entire Torah from alef through tav. With regard to the statement that the merit of the Patriarchs has ceased, the Gemara asks: From when did the merit of the Patriarchs cease? Rav said: From the days of the prophet Hosea, son of Beeri, as it is stated: “And now I will uncover her lewdness in the sight of her lovers, and none shall deliver her out of My hand” (Hosea 2:12). Israel will no longer be saved by the merit of the Patriarchs. And Shmuel said: The merit of the Patriarchs ceased since the days of Hazael, as it is stated: “And Hazael, king of Aram, oppressed Israel all the days of Jehoahaz” (II Kings 13:22). And it is written there: “And the Lord was gracious to them, and had compassion on them, and turned toward them because of His covenant with Abraham, Isaac, and Jacob and would not destroy them; neither has He till now cast them away from His presence” (II Kings 13:23). That was the last time that the merit of the Patriarchs was mentioned. Rabbi Yehoshua ben Levi said: The merit of the Patriarchs ceased since the days of Elijah the Prophet, as it is stated: “And it came to pass at the time of the evening sacrifice, that Elijah the Prophet came near and said, Lord, God of Abraham, Isaac, and Israel, let it be known this day that you are God in Israel, and that I am Your servant, and that I have done all these things at Your word” (I Kings 18:36). By inference: Let it be known this day and not afterward because the merit of the Patriarchs will cease today. And Rabbi Yoḥanan said: The merit of the Patriarchs ceased since the days of Hezekiah, as it is stated: “For the increase of the realm and for peace without end, upon the throne of David, and upon his kingdom to order it, and to establish it with judgment and with justice; from now and forever the zeal of the Lord of hosts performs this” (Isaiah 9:6). That is to say, from this point on, the merit of the Patriarchs will not protect Israel, leaving only the zeal of the Lord. The Gemara continues its discussion of punishment in general and the relationship between a person’s actions and the punishments meted out against him in particular: Rav Ami said: There is no death without sin; were a person not to sin, he would not die. And there is no suffering without iniquity. The Gemara adduces proof to these assertions: There is no death without sin, as it is written: “The soul that sins, it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son; the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him” (Ezekiel 18:20). A person dies only because of his own sins and not because of some preexistent sin. And there is no suffering without iniquity, as it is written: “Then I will punish their transgression with the rod and their iniquity with strokes” (Psalms 89:33). The Gemara raises an objection from the following baraita: The ministering angels said before the Holy One, Blessed be He: Master of the Universe, why did You penalize Adam, the first man, with the death penalty? He said to them: I gave him a simple mitzva, and he violated it. They said to Him: Didn’t Moses and Aaron, who observed the whole Torah in its entirety, nevertheless die? The Holy One, Blessed be He, said to them, citing the verse: “All things come alike to all; there is one event to the righteous and to the wicked; to the good and to the clean, and to the unclean; to him who sacrifices, and to him who does not sacrifice; as is the good, so is the sinner; and he who swears, as he who fears an oath” (Ecclesiastes 9:2). Apparently, death is not dependent upon one’s actions. Everyone dies. The Gemara answers: Rav Ami stated his position in accordance with this tanna, as it was taught in a baraita: Rabbi Shimon ben Elazar said: Even Moses and Aaron died due to their sin, as it is stated: “And the Lord spoke to Moses and Aaron: Because you did not believe in Me, to sanctify Me in the eyes of the children of Israel, therefore you shall not bring this congregation in to the land which I have given them” (Numbers 20:12). Had you believed in Me and spoken to the rock as commanded, your time would not yet have come to leave the world. Apparently, even Moses and Aaron died due to their sins. The Gemara raises an objection from what was taught in the following baraita: Four people died due to Adam’s sin with the serpent, in the wake of which death was decreed upon all of mankind, although they themselves were free of sin. And they are: Benjamin, son of Jacob; Amram, father of Moses; Yishai, father of David; and Kilab, son of David. And all of them were learned through tradition, except for Yishai, father of David, with regard to whom there is an explicit verse interpreted homiletically, as it is written: “And Absalom placed Amasa in charge of the army in place of Joab, and Amasa was the son of a man named Ithra the Israelite, who had taken to himself Abigail the daughter of Nahash, sister of Zeruiah, the mother of Joab” (II Samuel 17:25). The Gemara asks: And was Abigail the daughter of Nahash? Wasn’t she the daughter of Yishai, as it is written: “And Yishai begot his firstborn Eliab, and Abinadab the second, and Shimea the third, Nethanel the fourth, Raddai the fifth, Ozem the sixth, David the seventh: and their sisters were Zeruiah and Abigail. And the sons of Zeruiah: Abishai, and Joab, and Asahel, three. And Abigail bore Amasa; and the father of Amasa was Jether the Ishmaelite” (I Chronicles 2:13–17)? Apparently, Abigail was the daughter of Yishai. Rather, the verse states that Abigail was the daughter of Nahash in order to teach us that she was the daughter of one who died on account of Adam’s sin with the serpent [naḥash], though he himself was free of sin. The Gemara now clarifies the matter: Who is the tanna of the baraita that states that four people did not die due to their own sins? If you say that it is the tanna who taught the conversation between the ministering angels and God, it is difficult, as weren’t there also Moses and Aaron who did not die due to their own sins? Rather, it must be Rabbi Shimon ben Elazar, who holds that even Moses and Aaron died because of their own sins. Learn from it then that, in principle, he agrees that there is death without sin and there is suffering without iniquity, and this is a conclusive refutation of the opinion of Rav Ami. The Gemara concludes: Indeed, it is a conclusive refutation. Having mentioned the sins of some of the significant ancestors of the Jewish people, the Gemara now addresses several additional ancestors. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that Reuben sinned with Bilhah is nothing other than mistaken, as it is stated: “And it came to pass, when Israel dwelt in that land, that Reuben went and lay with Bilhah his father’s concubine; and Israel heard of it. Now the sons of Jacob were twelve” (Genesis 35:22). The fact that the Torah stated the number of Jacob’s sons at that point in the narrative teaches that, even after the incident involving Bilhah, all of the brothers were equal in righteousness. Apparently, Reuben did not sin. How then do I establish the meaning of the verse: “And he lay with Bilhah his father’s concubine”? The plain understanding of the verse indicates sin. This verse teaches that Reuben rearranged his father’s bed in protest of Jacob’s placement of his bed in the tent of Bilhah and not in the tent of his mother Leah after the death of Rachel. And the verse ascribes to him liability for his action as if he had actually lain with Bilhah. It was taught in a baraita that Rabbi Shimon ben Elazar says: This righteous person, Reuben, was saved from that sin of adultery, and that action did not come to be performed by him? Is it possible that his descendants are destined to stand on Mount Eival and say: “Cursed be he that lies with his father’s wife; because he uncovers his father’s skirt. And all the people shall say, amen” (Deuteronomy 27:20), and this sin will come to be performed by him? Is it conceivable that the members of a tribe would curse their ancestor? How then do I establish the meaning of the verse: “And he lay with Bilhah his father’s concubine”? It is understood as follows: He protested the affront to his mother. He said: If my mother’s sister Rachel was a rival to my mother, will my mother’s sister’s concubine be a rival to my mother? He immediately stood and rearranged her bed so that Jacob would enter Leah’s tent. Aḥerim say: He rearranged two beds, one of the Divine Presence and one of his father. And that is the meaning of that which is written: “Unstable as water, you shall not excel; because you went up to your father’s bed; then you did defile it; he went up to my bed [yetzui]” (Genesis 49:4). Do not read it as yetzu’i, in the singular; rather, read it as yetzuai, my beds, in the plural, referring to both the bed of his father and to the bed of the Divine Presence, which rests in the tents of the righteous. The Gemara notes that the matter of Reuben’s innocence is parallel to a dispute between tanna’im. As it was taught in a baraita: The verse states: “Unstable [paḥaz] as water, you shall not excel.” The Sages understood paḥaz as an acronym. Rabbi Eliezer says that it means: You were impulsive [pazta], you were liable [ḥavta], and you acted contemptuously [zalta]. Rabbi Yehoshua says that it means: You trampled the law [pasata al dat], you sinned [ḥatata], and you were promiscuous [zanita]. Rabban Gamliel says: The acronym does not refer to Reuben’s sin. It refers to his repentance: You prayed [pilalta], you trembled in fear [ḥalta], and your prayer shone forth [zarḥa]. Rabban Gamliel said: We still need the explanation of the Modaite, as Rabbi Elazar HaModa’i said: Reverse the order of the letters in the word paḥaz and then interpret it homiletically: You shook [zizata], you recoiled [hirtata]; the ḥet in paḥaz is interchanged with the letter heh, so that you would not sin, and the sin flew [parḥa] from you. Rabban Gamliel and Rabbi Elazar HaModa’i are of the opinion that Reuben did not sin. Rabbi Eliezer and Rabbi Yehoshua held that he did. Rava said, and some say that Rabbi Yirmeya bar Abba said: Reverse the letters in paḥaz and interpret: You remembered [zakharta] the punishment for that offense, you made yourself gravely ill [ḥalita] in order to refrain from sinning, and you successfully withdrew [peirashta] from sinning. The Gemara prefaces the following statements of Rabbi Shmuel bar Naḥmani with a mnemonic: Reuben, the sons of Eli, the sons of Samuel, David, Solomon, and Josiah. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that the sons of Eli sinned is nothing other than mistaken, as it is written: “And the two sons of Eli, Hophni and Pinehas, were there priests of the Lord” (I Samuel 1:3). The Gemara explains: Rabbi Yonatan holds in accordance with the opinion of Rav, as Rav said: Pinehas did not sin. And the verse juxtaposes Hophni to Pinehas; just as Pinehas did not sin, so too Hophni did not sin. The Gemara asks: How, then, do I establish the meaning of the verse: “Now Eli was very old, and heard all that his sons did to all Israel; and how they lay with the women that assembled at the door of the Tent of Meeting” (I Samuel 2:22), which indicates otherwise? The Gemara answers: Since the sons of Eli delayed sacrificing the bird-offerings of women who had given birth, a pair of doves brought as part of the purification process, and this delay caused the women not to go to their husbands in timely fashion, the verse ascribes to Hophni and Pinehas liability as if they had lain with them. They were guilty of nothing more than negligence and carelessness. The Gemara now examines the matter itself of Rav’s statement cited in the course of the previous discussion. Rav said: Pinehas did not sin, as it is stated: “And Ahijah, the son of Ahitub, Ichabod’s brother, the son of Pinehas, the son of Eli, was the Lord’s priest in Shiloh, wearing an ephod” (I Samuel 14:3). Is it possible that sin came to Pinehas’ hand and, nevertheless, the verse traces the lineage of his grandson, Ahijah, back to him? Wasn’t it was already stated with regard to those who engage in promiscuous relations: “The Lord will cut off from the man that does this, him that is awake and him that answers from the tents of Jacob, or any to present an offering to the Lord of hosts” (Malachi 2:12). The Sages interpreted the verse homiletically: If the sinner is an Israelite, he will not have among his descendants one who is sharp and awake among the Sages, or even one among their disciples who can answer questions. And if he is a priest, he will not have a son who will present a meal-offering. If Pinehas had sons and grandsons serving as priests, conclude from it that Pinehas did not sin. The Gemara asks: However, isn’t it written: “And how they lay [yishkevun] with the women.” The verb yishkevun is in the plural, indicating that both sons were guilty. The Gemara answers: It is written without a vav so that it can be read as yishkeven in the singular, i.e., how he lay, indicating that only one of them sinned. The Gemara asks further: Isn’t it written that Eli said: “No, my sons [banai]; for it is not a good report that I hear; you make the Lord’s people to transgress” (I Samuel 2:24). The fact that Eli referred to his sons in the plural indicates that they both sinned. Rav Naḥman bar Yitzḥak said: It is written in a manner that can be read as my son [beni] in the singular. The Gemara raises another question: Isn’t it written: “You make the Lord’s people to transgress [ma’avirim] in the plural, indicating that both sons were guilty. Rav Huna, son of Rav Yehoshua, said: Here too, the word is written without a yod so that it can be read as: You cause the Lord’s people to transgress [ma’aviram] in the singular, indicating that only one of them sinned. The Gemara raises one last challenge: Isn’t it written: “Now the sons of Eli were scoundrels; they knew not the Lord” (I Samuel 2:12), indicating that they were both sinners. The Gemara answers: Since Pinehas should have protested Hophni’s conduct, but he did not protest, the verse ascribes to him liability as if he too had sinned. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that the sons of Samuel sinned is nothing other than mistaken, as it is stated: “And it came to pass, when Samuel was old that he made his sons judges over Israel…And his sons walked not in his ways but sought after unjust gain, and took bribes, and perverted justice” (I Samuel 8:1–3). By inference: In his ways they did not walk, however, they did not sin either. They were not the equals of their father, but they were not sinners. However, how then do I establish the meaning of the verse: “And they sought after unjust gain,” indicating that they were sinners? It means that they did not conduct themselves in accordance with the actions of their father. As Samuel the righteous would travel to all places where the people of Israel were located and sit in judgment in their towns, as it is stated: “And he went from year to year in circuit from Beth-El, and Gilgal, and Mitzpa, and judged Israel in all those places” (I Samuel 7:16). And, however, they did not do so and travel from place to place. Rather, they sat in their own cities in order to enhance the fees collected by their attendants and scribes. Therefore, the verse ascribes to them liability as if they sinned by seeking ill-gotten gains and bribes. The Gemara notes that this matter is parallel to a dispute between tanna’im. As it was taught in a baraita that the verse states: “And they sought after unjust gain.” Rabbi Meir says: This means that they vocally demanded their portions of the tithe due them as Levites, abusing their position to the detriment of other Levites. Rabbi Yehuda says: They imposed upon local homeowners to sell their merchandise and support them. Rabbi Akiva says: They took an extra basket of tithes, beyond that which was their due, by force. Rabbi Yosei says: They took only the gifts due them; however, they took them by force. They acted improperly, as a Levite is required to wait until he is given his gifts and may not take them. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that David sinned with Bathsheba is nothing other than mistaken, as it is stated: “And David succeeded in all his ways; and the Lord was with him” (I Samuel 18:14). Is it possible that sin came to his hand and nevertheless the Divine Presence was with him? However, how then do I establish the meaning of the rebuke of the prophet Nathan: “Why have you despised the word of the Lord, to do that which is evil in My sight? Uriah the Hittite you have smitten with the sword, and his wife you have taken to be your wife, and him you have slain with the sword of the children of Ammon” (II Samuel 12:9), indicating that David sinned? The Gemara answers: David sought to do evil and have relations with Bathsheba while she was still married to Uriah but did not do so. Rav said: Rabbi Yehuda HaNasi, who descends from the house of David, seeks to teach the verse in favor of David. With regard to that which is written: “Why have you despised the commandment of the Lord to do evil,” Rabbi Yehuda HaNasi said: This evil mentioned with regard to David is different from all other evils in the Torah; as with regard to all other evils in the Torah, it is written: And he did evil, and here it is written: To do evil. This unique phrase indicates that David sought to do evil but did not actually do so. His intentions were improper; however, his actions were proper. That which is written: “Uriah the Hittite you have smitten with the sword,” means that you could have judged him before the Sanhedrin as one guilty of treason against the throne, and you did not judge him in that manner. Instead, you had him executed in a manner that deviated from the generally accepted principles of judgment. With regard to that which is written: “And his wife you have taken to be your wife”; it means that you have rights of marriage with her, as by law Bathsheba was already divorced from Uriah. As Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who goes to a war waged by the royal house of David writes a conditional bill of divorce to his wife. That was done to prevent a situation in which the soldier’s wife would be unable to remarry because the soldier did not return from battle and there were no witnesses to his fate. The conditional bill of divorce accorded her the status of a divorcee and freed her to remarry. As it is stated: “And carry these ten cheeses to the captain of their thousand, and to your brothers bring greetings and take their pledge [arubatam]” (I Samuel 17:18). What is the meaning of arubatam? Rav Yosef taught: It refers to matters that are shared [hame’oravim] between him, the husband, and her, the wife, i.e., marriage. The verse should be read: Take the bill of divorce that determines the status of the relationship between husband and wife. As, apparently, it was customary for men at war to send their wives a conditional divorce, since Uriah later died, Bathsheba retroactively assumed divorced status from the time that he set out to war. She was not forbidden to David. With regard to that which is written: “And him you have slain with the sword of the children of Ammon,” it means: Just as you are not punished for soldiers killed by the sword of the children of Ammon in the course of the war, so too you are not punished for the death of Uriah the Hittite. What is the reason that David was not liable for the death of Uriah? Because Uriah was a traitor against the throne. As he said to David: “And my lord Joab and the servants of my lord are encamped in the open fields” (II Samuel 11:11). In the presence of the king, one may not refer to another as his lord. Doing so is treason. Rav said: When you analyze the matter of David, no sin that he committed is found in his lifetime, except for that involving Uriah. As it is written: “Because David did that which was right in the eyes of the Lord, and turned not aside from any thing that He commanded him all the days of his life, save only in the matter of Uriah the Hittite” (I Kings 15:5). Abaye the Elder raised a contradiction between one statement of Rav and another statement of Rav: Did Rav actually say this? Didn’t Rav say: David accepted a slanderous report? Just as it is prohibited to relate a slanderous report, it is similarly prohibited to accept it. This contradiction remains unresolved, and it is difficult. The Gemara now examines the matter itself with regard to Rav’s statement cited in the course of the previous discussion. Rav said: David accepted a slanderous report, as it is written with regard to David’s search for a surviving son of Jonathan: “And the king said to him, to Ziba, Saul’s slave: Where is he? And Ziba said to the king: Behold, he is in the house of Machir, the son of Ammiel, in Lo-Devar [belo devar]” (II Samuel 9:4). Ziba indicated to David that Jonathan’s son was inconsequential, lacking any matter [lo devar] of Torah. And it is written: “Then King David sent, and fetched him out of the house of Machir, the son of Ammiel, from Lo-Devar [milo devar]” (II Samuel 9:5). That verse can be read that after sending for him, David found him filled with matters [melo devar] of Torah. Now, after David saw that Ziba was a liar, when Ziba once again slandered Jonathan’s son, Mephibosheth, why did David accept his report? As it is written that when David fled from Absalom, he met Ziba: “And the king said: And where is your master’s son? And Ziba said to the king: Behold, he is staying in Jerusalem, as he said: Today shall the house of Israel restore to me the kingdom of my father” (II Samuel 16:3). And from where do we derive that David accepted Ziba’s slanderous report? As it is written: “Then said the king to Ziba: Behold, all that belongs to Mephibosheth is yours. And Ziba said: I humbly beseech you that I may find favor in your sight, my lord, O king” (II Samuel 16:4). And Shmuel said: David did not accept Ziba’s slanderous report without substantiation. Rather, he himself saw conspicuous matters in Mephibosheth that indicated that Ziba was right. As it is written: “And Mephibosheth, the son of Saul, came down to meet the king, and he had neither dressed his feet, nor trimmed his beard, nor washed his clothes from the day the king departed until the day he came back in peace” (II Samuel 19:25). David thought that he was mourning the fact that he had returned in peace. And it is written: “And it came to pass, when he came to Jerusalem to meet the king, and the king said to him: Why did you not go with me, Mephibosheth? And he answered: My lord, O king, my servant deceived me; for your servant said: I will saddle me a donkey, and I will ride on it, and go to the king; because lame is your servant. And he slandered your servant to my lord the king; but my lord the king is like an angel of God: Do therefore what is good in your eyes” (II Samuel 19:26–28). “And the king said to him: Why do you speak any more of your matters? I have said: You and Ziba shall divide the estate. And Mephibosheth said to the king: Let him even take all, seeing that my lord the king is come back in peace to his own house” (II Samuel 19:30–31). Mephibosheth said to David as follows: I had hoped for your return, saying: When will he come in peace, and yet you do this to me, giving Ziba half of my estate? It is not against you that I have grievances, but against He who brought you back in peace. Mephibosheth’s own statement substantiates Ziba’s report about him. This is what is written: “And the son of Jonathan was Meriv-Baal” (I Chronicles 8:34). The Gemara asks: And was Meriv-Baal his name? Wasn’t his name Mephibosheth? However, since he entered into a quarrel [meriva] with his Master [ba’al], i.e., God, and complained about God having saved David, a Divine Voice emerged and said to him: Quarrelsome one, the son of a quarrelsome one; you are just like your father, Saul. The Gemara explains: Quarrelsome one; that which we just said that Mephibosheth complained to God about His salvation of David. The son of a quarrelsome one; as it is written: “And Saul came to a city of Amalek and quarreled in the valley” (I Samuel 15:5). And Rabbi Mani said: Saul quarreled with God with regard to matters of the valley, saying: For the murder of even a single person, there is a commandment to break the neck of a heifer in a valley to atone for the crime (see Deuteronomy 21:1–9); why then must all these Amalekites be killed? To the matter at hand: Rav Yehuda said that Rav said: When David said to Mephibosheth: You and Ziba shall divide the estate, a Divine Voice emerged and said to him: Rehoboam and Jeroboam shall divide the kingdom. Rav Yehuda said that Rav said: Had David not accepted Ziba’s slanderous report about Mephibosheth, the kingdom of the house of David would not have been divided, Israel would not have worshipped idols because of Jeroboam, and we would not have been exiled from our land. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that King Solomon sinned is nothing other than mistaken, as it is stated: “And his heart was not perfect with the Lord his God, as was the heart of David, his father” (I Kings 11:4). By inference: Solomon’s heart was not equal to the heart of David, his father; however, he also did not sin. However, how then do I establish the meaning of the verse: “For it came to pass, when Solomon was old, that his wives turned away his heart after other gods” (I Kings 11:4)? That verse is in accordance with the statement of Rabbi Natan; as Rabbi Natan raised a contradiction between the two parts of the verse. On the one hand, it is written: “For it came to pass, when Solomon was old, that his wives turned away his heart after other gods.” On the other hand, isn’t it written: “And his heart was not perfect with the Lord his God, as was the heart of David his father,” indicating that Solomon’s heart was not equal to the heart of David his father; however, he also did not sin? Rather, the verse says as follows: For it came to pass, when Solomon was old, that his wives turned away his heart, in an attempt to spur him to go after other gods; however, he did not go after them. The Gemara asks: Isn’t it written: “Then did Solomon build [yivne] an altar for Kemosh, the abomination of Moab, in the hill that is before Jerusalem, and for Molech, the abomination of the children of Ammon” (I Kings 11:7), indicating that Solomon did in fact stray after idols? The Gemara answers: This can be understood to mean that Solomon sought to build an altar for idols but did not build it. The Gemara objects: But now if that is the way to understand the future tense verb form yivne, what of another instance where the same form is employed: “Then did Joshua build [yivne] an altar to the Lord God of Israel in Mount Eival” (Joshua 8:30)? There too, would you say that Joshua sought to build an altar but did not build one? Rather, there, in the case of Joshua, it means that he actually built it. Here too, with regard to Solomon, it means that he actually built the altar. Rather, this verse should be understood as it was taught in a baraita that Rabbi Yosei says: The verse states: “And the altars that were before Jerusalem, which were on the right hand of the Mount of Olives, which Solomon the king of Israel had built for Ashtoret the abomination of the Zidonim, and for Kemosh the abomination of Moab, and for Milkom the abomination of the children of Ammon, did the king defile” (II Kings 23:13). All these were destroyed by Josiah. The Gemara asks: Is it possible that the righteous king Asa came and did not destroy them, and the righteous king Jehosaphat came and did not destroy them until Josiah came and destroyed them? Didn’t Asa and Jehosaphat destroy all the idolatry in Eretz Yisrael? Rather, the verse juxtaposes the earlier ones, i.e., Solomon, to the later ones, i.e., Josiah. Just as the later ones, Josiah, did not effect the destruction of the altars, as it was done by his predecessors, and nevertheless the verse attributes it to him to praise him as if he had destroyed all those altars, so too, the earlier ones, Solomon, did not effect the construction, and nevertheless the verse attributes it to him to disgrace him as he did not prevent their construction. The Gemara raises another question. Isn’t it written: “And Solomon did evil in the sight of the Lord” (I Kings 11:6), clearly indicating that Solomon sinned? Rather, since he should have protested against the conduct of his wives, i.e., their involvement in idolatry, but he did not protest, the verse ascribes to him liability as if he had sinned. Rav Yehuda said that Shmuel said: It would have been preferable for that righteous man, Solomon, to be a servant tasked with drawing water and hewing wood for another matter, i.e., idolatry, and not have the verse write about him: “And he did evil in the sight of the Lord,” even though he did not. Rav Yehuda said that Shmuel said: When Solomon married Pharaoh’s daughter, she brought to him a thousand musical instruments and said to him: This is the way we do it for this idolatry, and this is the way we do it for that idolatry, and he did not protest that talk. Rav Yehuda said that Shmuel said: When Solomon married Pharaoh’s daughter, the angel Gabriel descended from heaven and implanted a reed into the sea, and a sandbar grew around it, growing larger each year, and upon it the great city of Rome was built, which became God’s instrument to punish Israel. It was taught in a baraita: On that very day that Jeroboam introduced two golden calves, one in Beth-El and the other in Dan, a single small hut was constructed, which was the first house constructed there. And that was the inauguration of Italy of Greece. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that Josiah sinned is nothing other than mistaken, as it is stated: “And he did that which was right in the sight of the Lord, and walked in all the way of David his father, and turned not aside to the right hand nor to the left” (II Kings 22:2). However, how then do I establish the meaning of the verse: “And like him was there no king before him that returned to the Lord with all his heart, and with all his soul, and with all his might, according to all the Torah of Moses; neither after him arose there any like him” (II Kings 23:25)? The verse states: Josiah returned to the Lord. Apparently, in his early days he was a sinner, and later he returned to God. The Gemara answers: The reference here is not to repentance for actual sins that Josiah committed. Rather, in every judgment that he issued from the age of eight, when he was crowned, until the age of eighteen, he returned the money to the parties whom he judged liable, due to concern that in his youth he may not have judged the cases correctly. And lest you say that he took from this one, whom he exonerated, and gave to that one, whom he found culpable, therefore the verse states: Returned to the Lord with all his might [me’odo], i.e., with all his money. It means that he gave those he judged liable in his youth from his own money. The Gemara notes that Rabbi Yonatan disagrees with Rav, as Rav said: There is no greater penitent than Josiah in his generation, and there is one in our generation. The Gemara asks: And who is the great penitent in Rav’s generation? The Gemara answers: He is Abba, father of Rabbi Yirmeya bar Abba, and some say it is Aḥa, brother of Abba, father of Rabbi Yirmeya bar Abba, as the Master said: Rabbi Abba and Aḥa were brothers. Rav Yosef said: And there is another great penitent in our generation. And who is he? He is Okvan, son of Neḥemya the Exilarch. And that is the one also known as Natan detzutzita, i.e., from whose head sparks emerged. Rav Yosef said: I was once sitting at the lecture delivered on the Festival [pirka] and I was dozing. And I saw in a dream how an angel stretched out his hands and received Natan detzutzita, demonstrating that his repentance was accepted. The mishna lists items that a woman may or may not carry into, or wear in the public domain on Shabbat. This depends on whether the particular object is considered an ornament, which she may wear, or merely a burden for the woman, which she may not. Even if it is considered an ornament, there is still concern that she might remove it and carry it in her hand in the public domain, which is prohibited by Torah law.

MISHNA: With what items may a woman go out into the public domain on Shabbat and with what items may she not go out? A woman may neither go out with strings of wool, nor with strings of flax, nor with strips of any other materials that a woman braids in the hair of her head. And a woman may not immerse in a ritual bath with them in her hair until she loosens them. When the strings or strips are tight, the water cannot reach her hair unobstructed, invalidating her immersion. And, likewise, a woman may neither go out with the ornament called totefet, nor with sarvitin that are not sewn into her head covering, nor with a kavul into the public domain. And, likewise, a woman may neither go out with a city of gold ornament, nor with a katla ornament, nor with nose rings, nor with a ring that has no seal on it, nor with a needle that is not perforated, which are merely for decorative purposes. And if she unwittingly went out wearing any of these, she is not liable to bring a sin-offering. According to Torah law, a woman is permitted to go out into the public domain wearing ornaments. However, the Sages decreed that a woman may not go out wearing certain ornaments, lest she remove them to show them to another and inadvertently carry them four cubits in the public domain. GEMARA: The Gemara asks: Immersion, who mentioned anything about that? The mishna is dealing with the halakhot of Shabbat, so why did it mention the halakhot of immersion? Rav Naḥman bar Yitzḥak said that Rabba bar Avuh said: When the mishna states the halakha, it employs the style known as: What is the reason. The mention of immersion is an explanation, not a superfluous addition. The mishna should be understood as follows: What is the reason that a woman may neither go out with strings of wool nor with strings of flax? It is because the Sages said that on weekdays she may not immerse with them until she loosens them. And since on weekdays she may not immerse with them until she loosens them, on Shabbat she may not go out with them, lest a situation requiring immersion for the purpose of a mitzva come about, and she untie them, and come to carry them four cubits in the public domain. Rav Kahana raised a dilemma before Rav: With regard to strings made into hollow chains, what is the halakha? Is it permissible for women to go out into the public domain with them on Shabbat or not? It depends on whether they are considered an interposition to immersion. Rav said to him: Woven, you say? With regard to anything woven, the Sages did not issue a decree. Because water reaches the hair unobstructed, there is no need to loosen the hollow chain and there is no concern lest she carry it in the public domain. It was also stated that Rav Huna, son of Rav Yehoshua, said: With regard to anything woven, the Sages did not issue a decree. And some say that Rav Huna, son of Rav Yehoshua, said: I saw that my sisters are not particular about removing them, and they bathe even with woven chains tied in their hair. Apparently, water reaches the hair. Therefore, the chain is not an interposition with regard to immersion. The Gemara asks: What practical difference is there between this version and that version of the resolution of the dilemma? The Gemara explains: There is a practical difference between them in a case where the chains are dirty. According to this version, in which you said: With regard to anything woven, the Sages did not issue a decree, these too are woven. And according to that version, in which you said that it is due to the fact that his sisters were not particular; in this case, since they are dirty, she is particular about them and will certainly remove them when she washes. Therefore, she is required to do so when immersing in a ritual bath as well. We learned in a mishna in tractate Mikvaot: And these are the objects that interpose for a person: Strings of wool, and strings of flax, and the straps that are on the girls’ heads. Rabbi Yehuda says: Strings of wool and strands of hair do not interpose because the water reaches the hair through them. Rav Huna said: And we learned all these, strings of wool and flax, in a case where they are used to tie the hair on the girls’ heads. Rav Yosef strongly objects to this halakha of Rav Huna: To exclude what other places in the body did Rav Huna say this? If you say that it comes to exclude strings tied to the neck, and then, strings made of what material does it exclude? If you say that it comes to exclude strings of wool, now, the mishna stated that soft strings of wool on top of hair, which is relatively hard, interpose and invalidates the immersion. With regard to soft strings on top of the soft flesh of the neck, is it necessary to say that they interpose? Rather, say that Rav Huna’s statement came to exclude strings of flax. A similar difficulty arises: Now the mishna stated that hard strings of wool on top of hair, which is hard, interposes and invalidates the immersion. If so, with regard to hard strings on top of the soft flesh of the neck, is it necessary to say that they interpose? Rather, Rav Yosef said, this is the reason that Rav Huna restricts the concern for interposition to strings tied in her hair and not around her neck: Because a woman does not strangle herself when adorning herself with a string or straps around her neck. Therefore, she never tightens the strings or straps to the extent that water cannot reach the skin. Abaye raised an objection to the explanation of Rav Yosef from a baraita: The girls may go out into the public domain on Shabbat with strings in their ears. Young girls would have their ears pierced, but earrings were not placed in their ears until they were older. Instead, they inserted strings so that the holes would not close. However, they may not go out with straps around their necks. And if you say that the principle: A woman does not strangle herself, is halakhically valid, why may they not go out into the public domain with straps around their necks? They are not tied tight and do not constitute an interposition that invalidates immersion. Ravina said: Here we are dealing with a broad, ornamented strap [katla] hanging around the neck, to which a small bib is attached. A woman does strangle herself with a katla because the strap is broad and tightening it does not cause pain. She tightens it because it pleases her that she will appear fleshy. It was considered beautiful to have flesh protrude from the katla. In the same mishna in tractate Mikvaot, Rabbi Yehuda says: Strings of wool and strands of hair do not interpose and invalidate the immersion because the water reaches through them. Rav Yosef said that Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Yehuda with regard to strands of hair. However, the halakha is not in accordance with his opinion with regard to wool strings. Abaye said to him: By saying that the halakha is in accordance with Rav Yehuda, by inference the Rabbis disagree with regard to strands of hair. However, no opinion stating that strands of hair constitute an interposition is cited in the mishna. And if you say that had we not heard from the first tanna that he is speaking of strands of hair, Rabbi Yehuda would also not have spoken about them. Apparently, the first tanna prohibited strands of hair, and Rabbi Yehuda disagreed with him. Nevertheless, it could be explained otherwise. And, perhaps he prefaced what he was saying to the Rabbis with the phrase: Just as. Just as you agree with me that strands of hair do not interpose, agree with me that strings of wool also do not interpose. The fact that he mentioned strands of hair does not indicate a dispute; on the contrary, it is an attempt to establish a consensus with regard to the halakha. Indeed, it was stated that Rav Naḥman said that Shmuel said: The Rabbis agree with Rabbi Yehuda with regard to strands of hair. This opinion was also taught in a baraita: Strings of wool interpose. Strands of hair do not interpose. Rabbi Yehuda says: Both strings of wool and strands of hair do not interpose. Rav Naḥman bar Yitzḥak said: The language of the mishna is also precise, as we learned in a mishna in our chapter: A woman may go out with strands of hair whether they are from her own hair or whether they are from the hair of another. Whose opinion is expressed in this mishna? If you say that it is the opinion of Rabbi Yehuda, even strings of wool should also have been permitted. Rather, is it not the opinion of the Rabbis; and conclude from it that with regard to strands of hair, they do not disagree? The Gemara determines: Indeed, conclude from it. The mishna said that a woman may not go out with the ornament called a totefet. The Gemara asks: What is a totefet? Rav Yosef said: A packet of spices to ward off the evil eye. Abaye said to him: And let the legal status of this packet be like that of an effective amulet, whose effectiveness is proven, and it should be permitted, as an effective amulet may be moved on Shabbat. Rather, Rav Yehuda said in the name of Abaye: A totefet is an appuzainu, an ornament worn on the forehead. This opinion was also taught in a baraita: A woman may go out with a gilded hairnet worn to hold the hair in place, and with the totefet, and with the sarvitin that are fastened to the hairnet, since a woman would not remove her head covering to show her friend those ornaments. And they said: Which is a totefet and which is sarvitin? Rabbi Abbahu said: Totefet is that which goes around her forehead from ear to ear. Sarvitin are those attached to the net that reach down to her cheeks. Rav Huna said: Poor women make these ornaments from different types of colored materials. Wealthy women make them of silver and of gold. We learned in the mishna that a woman may not go out with a kavul. Rabbi Yannai said: This kavul, I do not know what it is. Is it the seal of a slave, who would have a seal on his clothing identifying him as a slave, about which we learned in our mishna that it is prohibited, but a cap of wool that a woman places on her hair, she may well go out wearing it? Or, perhaps we learned in our mishna that going out with a cap of wool is prohibited and all the more so that going out with the seal of a slave is prohibited. Rabbi Abbahu said: It is reasonable to say in accordance with the one who said that we learned about a cap of wool in the mishna. And this opinion was also taught in a baraita: A woman may go out with a kavul and with an istema to the courtyard on Shabbat. Rabbi Shimon ben Elazar says: She may even go out with the kavul into the public domain. Rabbi Shimon ben Elazar stated a principle: Anything that is worn beneath the hairnet, a woman may go out into the public domain with it, since a woman will not uncover her hair even to show off an ornament while in the public domain. Anything that is worn over the hairnet, like an ornamental hat, a woman may not go out with it. From the context and proximity of the halakha dealing with kavul to the statement of Rabbi Shimon ben Elazar, apparently a kavul is a wool cap worn under the net. Since istema was mentioned in the baraita, the Gemara asks: What is an istema? Rabbi Abbahu said: Istema is a beizyunei. However, Rabbi Abbahu’s explanation employed a term from the Aramaic dialect spoken in Eretz Yisrael, which was not understood in Babylonia. Therefore, they asked there: What is a beizyunei? Abaye said that Rav said: It is a small hat or ribbon used to gather hairs that protrude [kalya paruḥei] from the headdress. The Sages taught in the Tosefta that three things were said with regard to an istema: There is no prohibition of a mixture of diverse kinds, wool and linen, in it. Since it is made of hard felt and not woven together, the prohibition of diverse kinds does not apply to material of that kind. And it does not become impure with the ritual impurity of leprosy. Only woven garments can become impure with leprosy. And women may not go out with it to the public domain on Shabbat. In the name of Rabbi Shimon they said: Also, the rabbinic decree prohibiting adorning brides with bridal crowns to commemorate the destruction of the Temple does not apply to an istema. Earlier, the Gemara cited Rabbi Abbahu’s opinion that the kavul mentioned in the mishna, which one may not wear into the public domain on Shabbat, is a woolen cap. And Shmuel said: It is the seal of a slave that we learned about in the mishna. The Gemara asks: And did Shmuel actually say this? Didn’t Shmuel say: A slave may go out on Shabbat with a seal that is around his neck but not with a seal that is on his clothes? Apparently, Shmuel holds that one may go out into the public domain with a slave’s seal. How, then, could he say that kavul in the mishna, with which one may not go out into the public domain, is referring to the seal of a slave? The Gemara answers: This is not difficult. This, where Shmuel said that one may go out with a slave’s seal on Shabbat, is referring to a case where his master made it for him. The slave will not remove it because he fears his master. Therefore, there is no concern lest he carry it. However, that, where the mishna said that it is prohibited to go out with a kavul, which according to Shmuel is the seal of a slave, is referring to a case where he made it for himself to indicate to all who his master is so that he may enjoy his master’s protection. In that case, since it is dependent solely upon his discretion, there is concern lest he remove the seal and carry it. Therefore, the Sages prohibited going out with it into the public domain. The Gemara asks: In what case did you establish this statement of Shmuel? It is in the case of a seal that his master made for him. If so, why may he not go out with a seal on his clothes? There too, since his master made it for him he will not remove it. The Gemara answers: There the concern is that perhaps the seal will be severed, and the slave will fear his master and fold his cloak and place it on his shoulders so that his master will not see that he has no seal on his clothing. That concern is in accordance with the opinion of Rav Yitzḥak bar Yosef; as Rav Yitzḥak bar Yosef said that Rabbi Yoḥanan said: One who goes out into the public domain with a cloak folded and resting on his shoulders on Shabbat is liable to bring a sin-offering. That is not the manner in which one wears a garment; it is the manner in which one carries a burden. And this is like that which Shmuel said to Rav Ḥinnana bar Sheila: All of the Sages affiliated with the house of the Exilarch may not go out on Shabbat with sealed cloaks [sarbal], i.e., garments with seals on them, except for you, since the people of the Exilarch’s house are not particular with regard to you. The Sages affiliated with the Exilarch were officially considered servants of the house and would wear the seal of the house of the Exilarch. Therefore, it was prohibited for them to go out into the public domain on Shabbat with a cloak bearing the Exilarch’s seal, lest the seal break and, in fear of the Exilarch, they remove the cloak, fold it, place it on their shoulders, and carry it on Shabbat. Only Rav Ḥinnana bar Sheila was permitted to go out with this seal on Shabbat since the people of the Exilarch’s house were not exacting with him. Even if he wore clothing with no seal, they would not consider it an act of insubordination against the Exilarch. The Gemara discusses the matter itself: Shmuel said that a slave may go out with a seal that is around his neck but not with a seal that is on his clothes. That opinion was also taught in a baraita: A slave may go out with a seal that is around his neck but not with a seal that is on his clothes. The Gemara raises a contradiction from another baraita: The slave may neither go out with a seal that is around his neck nor with a seal that is on his clothes on Shabbat, and both this and that cannot become ritually impure. And he may not go out with a bell that is hung around his neck; however, he may go out with a bell that is on his clothes, and both this and that can become ritually impure. And an animal may neither go out with a seal that is around its neck, nor with a seal that is on its clothes, nor with a bell that is on its clothes, nor with a bell that is around its neck since with regard to an animal these are considered burdens not ornaments. Both this, the seal, and that, the bell, cannot become ritually impure because animal ornaments and utensils do not fall into the category of objects that can become ritually impure. Apparently, it is even prohibited for a slave to go out with a seal around his neck, contrary to Shmuel’s opinion. The Gemara answers: Say that this baraita, which permits going out, is referring to a case where his master made him the seal. Since he fears removing it, there is no concern that he will come to carry it. That baraita, which prohibits going out, is referring to a case where he made it for himself and there is concern lest he come to remove it and carry it. The Gemara rejects this resolution: No, both this and that are referring to a case where his master made it for him. The difference can be explained differently. And here, where it was prohibited, it is referring to a seal of metal, and here, where it was permitted, it is a seal of clay. And as Rav Naḥman said that Rabba bar Avuh said: With an object about which his master is particular, one may not go out on Shabbat, lest it become detached from the garment, and fear of his master lead the slave to carry it in his hand. With an object about which his master is not particular, one may go out with it. The Gemara adds: So too, it is reasonable to understand the baraita from the fact that it teaches there: This seal and that seal cannot become ritually impure. Granted, if you say it is referring to a metal seal, it is possible to understand the novel aspect of the baraita as follows: These are the objects that cannot become ritually impure; however, their vessels made of the same material can become ritually impure. However, if you say that we learned with regard to seals of clay, can it be similarly inferred that these seals are the objects that cannot become ritually impure; however, their vessels made of the same material can become ritually impure? Wasn’t it taught in a baraita: Vessels of stone, vessels of dung, and vessels of earth that are not made into earthenware can neither become ritually impure by Torah law nor by rabbinic law? Apparently, even an actual vessel made of clay cannot become ritually impure. Rather, learn from it that this baraita is referring to utensils made of metal. The Gemara concludes: Indeed, conclude from it. In that same baraita the Master said that the slave may not go out with a bell that is around his neck, but he may go out with a bell that is on his clothes. The Gemara asks: With a bell that is around his neck, why may he not go out? It is due to concern lest it be severed and he come to carry it. If so, with a bell on his clothes too, let us be concerned lest it be severed and he come to carry it. The Gemara answers: With what are we dealing here? With a case where the bell is woven into the garment, and it is in accordance with the opinion of Rav Huna, son of Rav Yehoshua, as Rav Huna, son of Rav Yehoshua, said: Anything that is woven into a garment, the Sages did not issue a decree prohibiting going out with it on Shabbat. In the baraita cited earlier, it was taught that the Master said: An animal may neither go out with a seal that is around its neck, nor with a seal that is on its clothes, nor with a bell that is on its clothes, nor with a bell that is around its neck. Both this and that cannot become ritually impure. The Gemara asks: And does a bell of an animal not become ritually impure? The Gemara proceeds to raise a contradiction from that which was taught in another baraita: The bell of an animal can become ritually impure, and the bell of a door is ritually pure. The door itself is not considered a vessel. It is considered part of the house, and therefore its status is like that of the house. The house is attached to the ground, and therefore it cannot become ritually impure. Everything connected to it, including the bell, assumes that status. If one took the bell of a door and converted it into a bell for an animal, it can become ritually impure; however, if one took the bell of an animal and converted it into a bell for a door, even though he attached it to the door and even fastened it with nails, it can still become ritually impure because all utensils descend into their state of ritual impurity by means of thought alone, i.e., as a result of a decision to designate them for a specific purpose through which they will become susceptible to ritual impurity, they receive that status immediately. However, they only ascend from their state of ritual impurity by means of an action that effects physical change to the vessel itself. A change in designation alone is ineffective. This baraita states that an animal bell can become ritually impure, contrary to that which was taught in the previous baraita. The Gemara answers: This is not difficult. This baraita, where it was taught that the bell can become ritually impure, is referring to a case where it has a clapper [inbal]. That baraita, where it was taught that the bell cannot become ritually impure, is referring to a case where it does not have a clapper. The Gemara asks: Whichever way you look at it, this is difficult. If the bell is a vessel, then even though it has no clapper it should be susceptible to ritual impurity. If it is not a vessel, does a clapper render it a vessel? The Gemara answers: Yes, the clapper can determine the bell’s status with regard to ritual impurity, in accordance with that which Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said. As Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: From where is it derived that a metal vessel that produces sound is considered a vessel and can become ritually impure? As it is stated: “Every thing that passes through the fire, you shall make it pass through the fire, and it shall be clean; nevertheless, it shall be purified with the water of sprinkling; and all that does not pass through the fire you shall make to go through water” (Numbers 31:23). And the Sages interpret the verse homiletically: Every thing [davar], even speech [dibbur]; in other words, even an object that makes a sound you shall pass through fire to purify it because it is a vessel. However, the matter can be clarified further. In what case did you establish the baraita; in the case of a bell that does not have a clapper? If so, say the middle clause of that baraita: And he may not go out with a bell that is hung around his neck; however, he may go out with a bell that is on his clothes, and both this and that can become ritually impure. If it is referring to a bell that does not have a clapper, can it become ritually impure? The Gemara raises a contradiction from the Tosefta: One who makes bells for the mortar used to crush spices, and for the cradle, and for mantles of Torah scrolls, and for coverings of small children, if they have a clapper they can become ritually impure, and if they do not have a clapper they are ritually pure and cannot become impure. If after they became ritually impure their clappers were removed, their ritual impurity still remains upon them. Apparently, even with regard to bells used by people, the original existence of a clapper determines whether or not the bell is considered a vessel. The Gemara answers: This applies only to the bells of a small child, since they are placed on him to produce sound. If the bell does not make a sound, it serves no purpose and, consequently, cannot become ritually impure. However, with regard to an adult, the bell is an ornament for him even though it does not have a clapper. It was taught in the Tosefta that the Master said: If their clappers were removed after they became ritually impure, their ritual impurity still remains upon them. The Gemara wonders: For what use are they suited after their clappers are removed? They are essentially broken and should therefore become ritually pure. Abaye said: The reason that their impurity remains is because a common person is able to replace the clapper into the bell. According to Abaye, with regard to any vessel that comes apart, if a common person is capable of reassembling it and it does not require the expertise of a craftsman, it is not considered broken and its ritual impurity is not nullified. Rava raised an objection to this explanation from that which was taught: The connection between the bell and the clapper, this is a connection. Therefore, if they are detached from each other, the bell should be considered broken. And he adds: And if you say that when employing the term connection, it is saying as follows: Even though it is not connected, it has the legal status as if it were connected. Wasn’t it taught in a baraita: The connection between the different parts of scissors made of different parts that are made to come apart and the connection between the blade of a carpenter’s plane, which can be removed from its handle, and its handle are considered a connection with regard to contracting ritual impurity? If one part becomes ritually impure, the other parts become ritually impure as well. The baraita continues: However, they are not considered a connection with regard to the sprinkling of the waters of a purification offering. When waters of purification are sprinkled on these implements in order to purify them from ritual impurity imparted by a corpse (see Numbers 19:17–19), the water must be sprinkled on each part individually. The Gemara asks: Whichever way you look at it, there is a difficulty: If it is considered a connection, they should be considered connected even with regard to sprinkling; and if they are not considered a connection, they should not be so considered even with regard to ritual impurity. And Rabba said: By Torah law, when in use, they are considered a connection, both with regard to ritual impurity and with regard to sprinkling. And when not in use, even if the parts are connected, since they are made to come apart and they are commonly dismantled, they are neither considered a connection with regard to ritual impurity nor with regard to sprinkling. And the Sages issued a decree that they should be considered a connection with regard to ritual impurity even when not in use, due to ritual impurity when in use. If one component becomes ritually impure, the other component becomes ritually impure as well. And, as a further stringency, they issued a decree that they should not be considered a connection with regard to sprinkling even when in use, due to sprinkling when not in use. The waters of purification must be sprinkled on each part individually. Nevertheless, this type of connection with regard to ritual impurity is only relevant when the two parts are actually connected. When the parts are separate, even if they can be reattached easily, the vessel is considered broken. This contradicts Abaye’s explanation. Rather, Rava said: It should be explained differently: It is considered a vessel since a bell without a clapper is suited to strike on earthenware and produce a sound of similar quality to that produced by a clapper. If so, even when the clapper is removed, the bell may still be used for its original purpose. It was also stated that Rabbi Yosei, son of Rabbi Ḥanina, said: It is considered a vessel, since a bell without a clapper is suited to strike on earthenware. Rabbi Yoḥanan said: It is considered a vessel, since it is suited for use to give water to a child to drink. And with regard to the essence of Rabbi Yoḥanan’s statement, the Gemara asks: And does Rabbi Yoḥanan not require that the vessel’s new usage must be of the same type as the original labor in order for it to retain its ritual impurity after it has undergone change? Wasn’t it taught in a baraita: “Every bed on which a zav is lying is ritually impure and every vessel on which he is sitting shall be ritually impure” (Leviticus 15:4). I might have thought, based on this verse, that if one overturned a vessel the size of a se’a and sat on it, or overturned a vessel the size of a half-se’a [tarkav] and sat on it, the vessel would become ritually impure. Therefore, the verse states: On which the zav is sitting, i.e., that which is designated for sitting, excluding that vessel with regard to which one says to the zav: Stand and we will perform our labor with the vessel. In that case, because the vessel is primarily used for purposes other than sitting, it does not become ritually impure even when the zav sits on it. There is a dispute between the amora’im on this matter: Rabbi Elazar says: With regard to ritual impurity imparted by treading [midras], i.e., the halakhot pertaining to a zav or to a menstruating woman who sits or lies down on an object, one states the principle: Stand and we will perform our labor to maintain the purity of the vessel. However, one does not state with regard to one who is ritually impure due to a corpse: Stand and we will perform our labor to maintain the purity of the vessel. In other words, an object that became ritually impure through contact with a corpse and was subsequently broken, since it is possible to use it for some other purpose, it remains a vessel and susceptible to ritual impurity. However, Rabbi Yoḥanan said: Even with regard to one who is ritually impure due to a corpse, one states the principle: Stand and we will perform our labor to maintain the purity of the vessel. According to his opinion, a vessel that is no longer suited for its initial use, even though it serves another purpose, is considered broken. Therefore, the bell, since it is no longer suited for ringing, remains ritually pure according to Rabbi Yoḥanan’s opinion, even though it remains suited for drinking water. The Gemara answers: Reverse the opinions in the first dispute: It was not Rabbi Yoḥanan who gave that reason; it was Rabbi Yosei, son of Rabbi Ḥanina. The Gemara asks: And what did you see that led you to reverse the first? Reverse the opinions of Rabbi Yoḥanan and Rabbi Elazar in the latter dispute, and avoid a contradiction in the statements of Rabbi Yoḥanan in that way. The Gemara answers: That is because we learned elsewhere that Rabbi Yoḥanan requires that the vessel’s new use will be of the same type as the original labor. His opinion here is consistent with his opinion there. As it was taught in a baraita: The shoe of an animal, if it is made of metal, can become ritually impure. The Gemara asks: For what use by people is it suited? Vessels designated for animal use do not become ritually impure unless they have some use for people. Rav said: It is suited for use as a vessel from which one could drink water in war when there are no other available vessels. And Rabbi Ḥanina said: It is suited for use as a vessel from which one could smear oil on his body during a war. And Rabbi Yoḥanan said: When he flees from the battlefield he places it on his foot and runs over thorns and the thistles. Apparently, the only use for the shoe of an animal that would render it capable of becoming ritually impure when used by a person is use of the same type as the original labor. The Gemara asks parenthetically: What is the practical difference between the explanation of Rav and that of Rabbi Ḥanina? The Gemara answers: There is a practical difference between them in a case where the sandal is repulsive and dirty. In Rav’s opinion, since one would not drink water from it, it cannot become ritually impure. According to Rabbi Ḥanina, since one could still use it to spread oil on his body, it can become ritually impure. What is the practical difference between the explanation of Rabbi Yoḥanan and that of Rabbi Ḥanina? There is a practical difference between them in a case where the shoe is heavy. It is suited for spreading oil; it is not suited for one to place on his foot. Therefore, it cannot become ritually impure according to Rabbi Yoḥanan. We learned in the mishna: And neither may a woman go out on Shabbat to the public domain with a city of gold. The Gemara asks: What is the meaning of: With a city of gold? Rabba bar bar Ḥana said that Rabbi Yoḥanan said: Jerusalem of Gold, a gold tiara engraved with a depiction of the city of Jerusalem, like the one that Rabbi Akiva made for his wife. And on this subject, the Sages taught in the Tosefta: A woman may not go out into the public domain on Shabbat with a city of gold ornament. And if she went out with it into the public domain she is liable to bring a sin-offering; that is the statement of Rabbi Meir. And the Rabbis say: She may not go out with it ab initio, and if she went out she is exempt. And Rabbi Eliezer says: A woman may go out with a city of gold ornament ab initio. The Gemara explains: With regard to what principle do they disagree? Rabbi Meir holds that it is considered a burden and not an ornament, and one who carries a burden into the public domain is liable to bring a sin-offering. And the Rabbis hold that it is an ornament. Why, then, did they prohibit going out into the public domain wearing it? They are concerned lest she remove it, and show it to another, and come to carry it in the public domain. And Rabbi Eliezer holds: Whose manner is it to go out with a city of gold ornament? Only an important woman, and in that case there is no concern, as an important woman does not remove ornaments and show them to others. After discussing going out into the public domain on Shabbat with a city of gold ornament, the Gemara discusses other ornaments. There is a dispute among amora’im with regard to a kelila, which is a tiara-like ornament. Rav prohibited going out with it, and Shmuel permitted doing so. The Gemara sets the parameters of the disagreement: With a kelila made of metal, everyone agrees that it is prohibited to go out into the public domain. Where they disagree is in the case of a woven fabric inlaid with metal. One Sage, Rav, holds that in that type of ornament the metal is the primary element, and it is prohibited. And one Sage, Shmuel, holds that the woven fabric is the primary element, and it is consequently permitted. Rav Ashi taught this disagreement with a lenient interpretation, as he said: With a kelila of woven fabric, everyone agrees that it is permitted to go out into the public domain. Where they disagree is in the case of a metal ornament. One Sage, Rav, holds that it is prohibited because there is concern lest she remove it, and show it to another, and come to carry it in the public domain. And one Sage, Shmuel, holds that it is permitted. Whose manner is to go out with a kelila ornament? Only an important woman; and an important woman does not remove ornaments and show them to others. On the same topic, Rav Shmuel bar bar Ḥana said to Rav Yosef who, due to illness, forgot his learning: You explicitly said to us in the name of Rav: With regard to a kelila, it is permitted to go out into the public domain on Shabbat. The Gemara relates that one day they said to Rav: A great, tall man came to Neharde’a and he was limping. And he taught: With a kelila, it is permitted to go out into the public domain on Shabbat. Rav said: Who is a great, tall man who limps? Levi. Conclude from this that Rabbi Afes passed away and Rabbi Ḥanina is sitting at the head of the yeshiva in Eretz Yisrael in his place. And, consequently, Levi had no one before whom to sit and study and he came here. As long as Rabbi Afes headed the yeshiva, Rabbi Ḥanina would sit outside the study hall. Entering the study hall would indicate that he accepted the authority of Rabbi Afes. Rabbi Ḥanina, who was a great man, refused to do so. In deference to Rabbi Ḥanina, Levi would sit with him as a colleague outside the study hall. When Levi arrived from Eretz Yisrael, it was clear that Rabbi Afes must have died. Levi, who considered himself Rabbi Ḥanina’s equal in terms of both scholarship and age, did not want to defer to Rabbi Ḥanina’s authority and decided to go to elsewhere, to Babylonia. The Gemara asks: How did Rav arrive at that particular conclusion? And perhaps Rabbi Ḥanina died and Rabbi Afes remained standing in his position at the head of the yeshiva as he stood previously; and Levi had no one with whom to sit outside the study hall, and that is why he came here? The Gemara answers that that could not be the case for two reasons. First, if it were so, that Rabbi Ḥanina died, Levi would have been subject to the authority of Rabbi Afes. It was only in deference to Rabbi Ḥanina that Levi did not enter the study hall. And furthermore, it could not be that Rabbi Ḥanina died and did not reign as head of the yeshiva, as when Rabbi Yehuda HaNasi died, he said in his dying testament: Ḥanina, son of Rabbi Ḥama, shall sit at the head of the yeshiva. And of the righteous it is written: “You will decree a saying and it will be established for you, and the light will shine on your ways” (Job 22:28). Since the statement that Rabbi Ḥanina will serve at the head of the yeshiva crossed the lips of a righteous person, Rabbi Yehuda HaNasi, it is inconceivable that it would not have been realized. The Gemara returns to the subject of kelila. When Levi taught in Neharde’a that with the kelila ornament, one is permitted to go out into the public domain on Shabbat, twenty-four women wearing the kelila ornament went out into the public domain from all of Neharde’a. When Rabba bar Avuh taught in Meḥoza that the kelila ornament is permitted, eighteen women wearing the kelila ornament went out from one alleyway. Meḥoza was a wealthy mercantile city, and many women there owned precious jewelry. Rav Yehuda said that Rav Shmuel said: With a precious gilded belt [kamra], a woman is permitted to go out into the public domain on Shabbat. Some say that he was referring to a belt made of woven fabric and inlaid with gold. And Rav Safra said: It is permitted just as it is permitted in the case of a gilded cloak. And some say that it is referring to a belt made entirely of metal. And Rav Safra said: It is permitted just as it is permitted to go out into the public domain on Shabbat with the belt of kings made entirely of gold. Ravina said to Rav Ashi: With regard to going out with a gilded belt over another belt [hemyana], what is the halakha? He said to him: Two belts you said; it is certainly uncommon to wear two belts. Therefore, one of them is a burden. Rav Ashi said: This short cloak; if it has short straps with which to tie it, it is permitted to go out with it, and if not, it is prohibited. We learned in the mishna: And a woman may not go out on Shabbat with a katla. The Gemara explains: What is a katla? A type of small bib hung from the neck. The nezamim mentioned in the mishna with which a woman may not go out on Shabbat refer to nose rings, not earrings. We learned in the mishna: Nor with a ring that has no seal on it. By inference: If it does have a seal on it, she is liable to bring a sin-offering. She is only exempt from bringing a sacrifice when she goes out with a ring that does not have a seal on it, which is an ornament; however, a ring with a seal on it, typically used by men for sealing documents, is considered a burden for a woman on Shabbat. Apparently, that ring is not an ornament. The Gemara raises a contradiction from a mishna in tractate Kelim: Women’s ornaments can become ritually impure. And these are women’s ornaments: Bibs; earrings; and rings; and a ring whether it has a seal on it or whether it does not have a seal on it; and nose rings. Apparently, even a ring that has a seal on it is considered a woman’s ornament. And Rabbi Zeira said: This is not difficult. Rather, this ruling in our mishna, which distinguishes between a ring with a seal and a ring without a seal, is in accordance with the opinion of Rabbi Neḥemya; that ruling in the mishna in tractate Kelim, which does not distinguish between rings, is in accordance with the opinion of the Rabbis. As it was taught in a baraita: If the ring were made of metal and its seal was made of coral, it can become ritually impure because the primary component of the ring is metal, a material that can become ritually impure. If the ring were made of coral and its seal of metal, it is ritually pure and cannot become ritually impure. Rabbi Neḥemya deems it ritually impure, as Rabbi Neḥemya would say: With regard to a ring, follow its seal; if the seal were made of material that can become ritually impure, the entire ring can become ritually impure, and if it were made of material that cannot become ritually impure, the entire ring remains pure. The same is true with regard to a yoke of an animal: Follow its rods. Rods are placed in the yoke to fasten it to the animal; the component material of the rods determines whether or not the entire yoke can become ritually impure. With a hanging board, follow its nails, upon which the objects hang. With a ladder, follow its rungs. With a large scale, follow its chains and not its baseplates. And the Rabbis say, with regard to all of these vessels, everything follows the support. The legal status of the object is not determined by the component of the vessel most significant in terms of function. It is determined by the component most significant in terms of structure. Therefore, according to Rabbi Neḥemya there is a distinction, even in the halakhot of Shabbat, between a ring with a seal and a ring without a seal, as in his opinion the seal constitutes the primary function of the ring. However, the Rabbis hold with regard to the halakhot of ritual impurity that the essential part of the ring is the ring itself, not the seal. Therefore, they permit going out into the public domain on Shabbat even with a ring that has a seal. Rava said: This contradiction can be resolved in another manner. The mishna dealing with the halakhot of ritual impurity taught with regard to the two types of rings disjunctively, i.e., referring to different circumstances: A ring that has a seal on it can become ritually impure because it is a man’s ornament; a ring that does not have a seal on it can become ritually impure because it is a woman’s ornament. Rav Naḥman bar Yitzḥak said an additional resolution to the contradiction between the mishnayot: Are you raising a contradiction from the halakhot of ritual impurity to the halakhot of Shabbat? The underlying principles of these areas of halakha are totally different. With regard to ritual impurity, the Torah stated: “All vessels with which labor is done” (Numbers 31:51), and a ring with a seal is a vessel and can therefore become ritually impure. However, with regard to Shabbat, the Torah stated that the prohibition is due to the fact that the object is a burden. Therefore, in a case where there is not a seal on it, it is an ornament and may be worn in the public domain. In a case where there is a seal on it, it is a burden and may not be worn. We also learned in the mishna: Nor with a needle that is not perforated. The Gemara asks: For what use is that type of needle suited? Rav Yosef said: Since a woman gathers her hair and pins it to her hairnet with the unperforated needle. Abaye said to him: And if so, let the needle be like a ritually pure garter and consequently be permitted. There is a type of garter, a strap that ensures that a woman’s stockings will not fall, that cannot become ritually impure. A woman is permitted to go out into the public domain wearing it on Shabbat even if it is ornamented. For reasons of modesty, a woman will certainly not remove her garter or display it in the public domain. Similarly, with regard to the needle, the assumption is that a woman will not loosen her hair in the street. Rather, Rav Adda from the city of Naresh explained before Rav Yosef: Since a woman parts her hair with it. The Gemara asks: On Shabbat, when it is prohibited to comb one’s hair, for what use is this needle suited? Rava said: There is a gold plate on the other end of the needle. On a weekday, she uses it to part her hair. On Shabbat, she inserts the needle into her head covering and lays the gold plate against her forehead for ornamental purposes. MISHNA: A man may not go out on Shabbat with a spiked sandal, as will be explained in the Gemara. And he may not go out with a single sandal when there is no wound on his foot. And he may neither go out with phylacteries, nor with an amulet when it is not from an expert, but rather it was written by someone who has not established a reputation as an expert in writing amulets that are effective for those who carry them. And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms will be explained in the Gemara. And if he went out into the public domain with any of these, he is not liable to bring a sin-offering. GEMARA: The Gemara asks: What is the reason that the Sages prohibited going out with a spiked sandal on Shabbat? Shmuel said: They were those who eluded the decrees of religious persecution, and after one of the wars they were hiding in a cave. And those hiding said: One who seeks to enter the cave may enter, but one who seeks to leave the cave may not leave. One leaving has no way to determine whether or not the enemy is lying in wait outside the cave. Therefore, leaving could reveal the presence of those hiding in the cave. It happened that the sandal of one of them was reversed, the front of the sandal was in the back, and his footprints appeared like the steps of one leaving the cave. They thought that one of them left and feared that their enemies saw him and were now coming upon them to attack. In their panic, they pushed one another and killed one another in greater numbers than their enemies had killed among them. To commemorate this disaster that resulted from a spiked sandal, they prohibited going out into the public domain with it. Rabbi Elai ben Elazar says that the reason for the decree was different. Once they were sitting in a cave and heard the sound of a spiked sandal atop the cave. They thought that their enemies had come upon them. They pushed one another and killed one another in greater numbers than their enemies had killed among them. Rami bar Yeḥezkel said that the reason for the decree was different. They were sitting in a synagogue and they heard the sound of a spiked sandal from behind the synagogue. They thought that their enemies had come upon them. They pushed one another, and killed one another in greater numbers than their enemies had killed among them. To commemorate that disaster which occurred due to a spiked sandal, at that time they said: A person may not go out with a spiked sandal. The Gemara asks: If so, on a weekday it should also be prohibited. The Gemara answers: When this incident occurred, it was on Shabbat. Therefore, they issued the decree prohibiting the spiked sandal specifically in parallel circumstances. The Gemara challenges: If so, on a Festival wearing a spiked sandal should be permitted. Why, then, did we learn in the same mishna: One may send garments as a gift on a Festival, whether they are sewn or whether they are not sewn, because any object fit for any use on a Festival may be sent as a gift. However, one may neither send a spiked sandal nor an unsewn shoe on a Festival, since using them is prohibited. Apparently, one may not wear a spiked sandal on a Festival. The Gemara explains: What is the reason that the Sages prohibited wearing a spiked sandal on Shabbat? It is because there is an assemblage of people. On a Festival too, there is an assemblage of people. The Gemara asks: On a communal fast day, there is an assemblage of people; wearing a spiked sandal should be prohibited then, as well. The Gemara answers: When this incident occurred, it was on a day when there was an assemblage of prohibition, i.e., a day on which performing labor is prohibited. Here, a fast day, is a day when there is an assemblage of permission, a day on which performing labor is permitted, and the two are not comparable. However, extending the scope of commemorative decrees to apply to comparable situations, e.g., from Shabbat to the Festivals, is acceptable. And this is true even according to the opinion of Rabbi Ḥanina ben Akiva, who said in the following case that a decree issued due to a specific set of circumstances is applied only to those specific circumstances. The ashes of the red heifer were once transported across the Jordan River in a boat. A source of ritual impurity was discovered at the bottom of the boat. The Sages sought to issue a decree prohibiting transport of the ashes of the red heifer over any body of water, sea or river, over a bridge, or in a boat. Rabbi Ḥanina ben Akiva said that decrees that are issued due to a specific event apply only to precisely those circumstances. Therefore, he said: They only prohibited transporting the ashes of a red heifer in the Jordan River and in a boat, and like the incident that occurred. However, even according to this approach, which limits restriction, that applies only to the Jordan River and not to other rivers. This is because it is different from other rivers in several respects, e.g., width and depth. However, a Festival and Shabbat are similar to one another, as it was taught in the mishna: The halakhic difference between a Festival and Shabbat is only with regard to preparation of food. Rav Yehuda said that Shmuel said: The Sages taught that a spiked sandal is prohibited only when the nails were placed in the sandal to strengthen its form; however, if they were placed in the sandal for beauty, it is permitted. The Gemara asks: And with how many nails is it considered to be for beauty? Rabbi Yoḥanan said: Five on this sandal and five on that one. And Rabbi Ḥanina said: Seven on this one and seven on that one. Rabbi Yoḥanan said to Rav Shemen bar Abba: I will explain it to you: According to my opinion, when inserting nails for beauty, two are inserted from here, its outer side, one near the toes and one near the heel, and two are inserted from there, its inner side, one near the toes and one near the heel, and one is inserted on its straps; and for Rabbi Ḥanina, three from here, and three from there, and one on its straps. The Gemara raises an objection from a baraita: For an uneven sandal, whose soles are not straight, one makes seven nails on the bottom to straighten it, and it is then permitted for use on Shabbat; that is the statement of Rabbi Natan. And Rabbi Yehuda HaNasi permits straightening the sandal with thirteen nails. The Gemara notes: Granted, according to Rabbi Ḥanina, there is no problem, as he stated his opinion in accordance with the opinion of Rabbi Natan. However, Rabbi Yoḥanan, in accordance with whose opinion did he state his opinion? Neither of the tanna’im agrees with his opinion. The Gemara answers: He stated his opinion in accordance with the opinion of Rabbi Nehorai, as it was taught in a baraita that Rabbi Nehorai says: With five nails inserted into the sole, it is permitted to go out into the public domain on Shabbat; and with seven nails, it is prohibited to go out into the public domain on Shabbat. The Sage, Ifa, said to Rabba bar bar Ḥana: You, who are students of Rabbi Yoḥanan, act in accordance with the opinion of Rabbi Yoḥanan. We will act in accordance with the opinion of Rabbi Ḥanina. Rav Huna raised a dilemma before Rav Ashi: With a sandal that has five nails inserted into the sole, what is the halakha with regard to going out into the public domain? He said to him: Even with seven nails it is permitted. He asked further: With nine, what is the halakha? He said to him: Even with eight it is prohibited. That shoemaker raised a dilemma before Rabbi Ami: If one sewed the sole and attached it to the sandal from within, what is the halakha? May he go out into the public domain after inserting nails into it? Rabbi Ami said to him: It is permitted, and I do not know the reason. Rav Ashi said: And does the Master not know the reason? It is obvious. Since he sewed it from within, it is no longer a sandal, it is a shoe. With regard to a sandal, the Sages issued a decree; with regard to a shoe, the Sages did not issue a decree. Rabbi Abba bar Zavda raised a dilemma before Rabbi Abba bar Avina: If he shaped the nail like tongs [kelavus] by bending a nail with two sharp ends and sticking both ends into the sandal, what is the halakha? May he go out into the public domain with it on Shabbat? He said to him: It is permitted. It was also stated that Rabbi Yosei, son of Rabbi Ḥanina, said: If he shaped it like tongs it is permitted. Rav Sheshet said: If he covered the entire sole in nails, so that contact with the ground will not wear it away, it is permitted to go out with that sandal on Shabbat, since it is no longer the spiked sandal with regard to which they issued a decree. It was taught in the Tosefta in accordance with the opinion of Rav Sheshet: A man may not go out with a spiked sandal, and may not walk with it even from house to house within his courtyard, and may not even walk from bed to bed within his house. However, since the decree was issued with regard to circumstances identical to a specific incident, it only applies to wearing the sandal. Therefore, one may carry the sandal to cover a vessel with it and to support the legs of the bed with it. And Rabbi Elazar, son of Rabbi Shimon, prohibits using it for other purposes as well. If most of its nails fell out, and four or five remain in it, it is permitted to go out with it. And Rabbi Yehuda HaNasi permits going out into the public domain with the sandal, even if up to seven nails remain in it. If he covered it with leather from beneath the wood frame of the sandal and inserted nails into it from above, it is permitted. If he made the nail like a tong, or made one end flat like a platter [tas], or sharpened it like a peg, or covered it entirely with nails so that contact with the ground will not wear it away, it is permitted to go out with it. The Gemara analyzes the Tosefta cited in support of Rav Sheshet’s opinion. This Tosefta itself is difficult, as it is self-contradictory. On the one hand you said: If most of its nails fell out it is permitted; apparently, that is the halakha even though many nails remain in the sole. And, however, subsequently it was taught in the Tosefta, without specifying the number of nails that were there from the outset: With four or five nails, yes, going out is permitted; however, with more nails, no, it is prohibited. Rav Sheshet said: This is not difficult, and it can be resolved as follows: Here, where it was permitted to go out wearing the sandal if the majority of nails fell out, it is referring to a case where they were broken, i.e., the heads of the nails were broken off while most of the nail remained embedded in the sole. In that case, it is clearly evident that most of the nails fell out. Here, where it was permitted only if four or five nails remain, it is referring to a case where they were totally removed and only the nails that remain in the shoe are visible. The Gemara continues its detailed analysis of the Tosefta: It was taught that if most of the nails in the sandal came out and only four or five nails remain, it is permitted to go out wearing it. The Gemara asks: Now, if it was mentioned that when five nails remain, going out is permitted, is it necessary to mention four? Rav Ḥisda said that the Tosefta means: If four nails remain from the nails in a small sandal, and if five nails remain from the nails in a large sandal, going out is permitted. It was taught in the Tosefta: And Rabbi Yehuda HaNasi permits up to seven. The Gemara asks: Wasn’t it taught in a baraita that for a sandal with an uneven sole, Rabbi Yehuda HaNasi permits up to thirteen? The Gemara answers: An uneven sole is different. Since the nails are inserted for the purpose of straightening the sole, it does not have the legal status of a spiked sandal. The Gemara notes: Now that you have arrived at this new explanation that a sandal with an uneven sole has a different legal status, for Rabbi Yoḥanan, who stated, contrary to the opinions of the tanna’im in this baraita, that the number of nails permitted in each sandal is five, this baraita is also not difficult. He could explain that a sandal with an uneven sole is different and requires additional nails. However, in the case of a sandal with an even sole, even the other tanna’im would not permit that many. Rav Mattana said, and some say Rav Aḥadvoi bar Mattana said that Rav Mattana said: The halakha is not in accordance with the opinion of Rabbi Elazar, son of Rabbi Shimon, who completely prohibited moving a spiked sandal. The Gemara asks: That is obvious. Isn’t there a halakhic principle that in a dispute between an individual and the many, the halakha is in accordance with the opinion of the many? The Gemara answers: Lest you say that the rationale for the opinion of Rabbi Elazar, son of Rabbi Shimon, is more reasonable in this case, and therefore the halakha should be ruled in accordance with his opinion. Rav Mattana teaches us that that is not the halakha. Rabbi Ḥiyya said: If not for the fact that they would call me: Babylonian who permits prohibitions, I would permit the insertion of many nails into a spiked sandal. The Gemara asks: And how many nails would he have permitted? In Pumbedita they said: Twenty-four nails. In Sura they said: Twenty-two. Rav Naḥman bar Yitzḥak said: And this is your mnemonic to remember which opinion was stated in Sura and which opinion was stated in Pumbedita: Until Rabbi Ḥiyya came from Pumbedita to Sura he lost two nails from his shoe. Since the route that Rabbi Ḥiyya took from Pumbedita to Eretz Yisrael passed through Sura, one could say: Due to the rigors of the journey, two nails fell from the sandal of Rabbi Ḥiyya between Pumbedita and Sura. It was taught in the mishna: And he may not go out with a single sandal when there is no wound on his foot. By inference: If there is a wound on his foot, he may go out with one sandal. In that case, with a sandal on which of his feet does he go out? Rav Huna said: With a sandal on the foot that has a wound on it. Apparently, he holds: A sandal is made for the purpose of avoiding pain. Typically, a person wears sandals only in order to avoid the pain of walking on stones and the like. When he is seen with only one sandal, it is clear that he is oblivious to that pain and the only reason that he is wearing the sandal is due to the wound on his foot. Consequently, no one will suspect that he went out wearing two sandals and that if he is wearing one, he must be carrying the other one. And Ḥiyya bar Rav said: He goes out with a sandal on the foot that does not have a wound on it. Apparently, he holds that the sandal is made for the purpose of providing comfort, and he wears it on his healthy foot. And it does not arouse suspicion because, with regard to that foot on which there is a wound, its wound indicates that he is unable to wear a sandal on that foot, and it is clear that he left the other sandal at home. The Gemara comments: And Rabbi Yoḥanan also holds that the opinion of Rav Huna, which maintains that one only wears sandals to avoid pain, is correct. As Rabbi Yoḥanan said to Rav Shemen bar Abba, his attendant: Give me my sandal. He gave him the right sandal. He said to him: You have rendered this foot as one with a wound. In Rabbi Yoḥanan’s opinion, one must always put on his left shoe first. One who puts on the right shoe first is no longer permitted to put on the left shoe. By handing him his right sandal, he is forcing Rabbi Yoḥanan to go out with one sandal, leading onlookers to conclude that he has a wound on that foot. That incident corresponds to Rav Huna’s opinion that one wears the sandal on the wounded foot. The Gemara rejects this: And perhaps, he holds in accordance with the opinion of Ḥiyya bar Rav, which maintains that one wears the sandal on the healthy foot, and he is saying as follows: By handing me my right shoe, you have rendered my left foot, on which I have no shoe, as one with a wound. No proof can be cited from that incident, as Rabbi Yoḥanan’s opinion cannot be ascertained from the exchange with his attendant. And Rabbi Yoḥanan follows his regular line of reasoning. As Rabbi Yoḥanan said: Just as one dons phylacteries, so too, one puts on shoes. Just as phylacteries are placed on the left arm, so too, when putting on shoes one begins with the left foot. The Gemara raises an objection to Rabbi Yoḥanan’s opinion from a baraita: When one puts on his shoes, he puts on the right shoe first and afterward puts on the left shoe. Rav Yosef said: Now that it was taught in a baraita in this manner, and Rabbi Yoḥanan stated the halakha in that manner, one who acted this way acted properly, and one who acted that way acted properly, as each custom has a basis. Abaye said to him: Why is the Gemara certain that Rabbi Yoḥanan disagrees with the baraita? Perhaps Rabbi Yoḥanan had not heard this baraita, and had he heard it, he would have retracted his opinion. And even if he heard it, perhaps he heard it and held that the halakha is not in accordance with that mishna. In any case, it is necessary to rule in accordance with one of the opinions. Rav Naḥman bar Yitzḥak said: And one who fears Heaven fulfills both opinions. And who is this God-fearing person? Mar, son of Rabbana. How does he conduct himself? He puts on his right shoe and does not tie the laces. And then he puts on his left shoe and ties it, and then afterward ties the laces of his right shoe. Rav Ashi said: I saw that Rav Kahana was not particular with regard to the order in which he put on his shoes. After citing this excerpt from Hilkhot Derekh Eretz with regard to putting on shoes, the Gemara cites the entire matter. The Sages taught: When one puts on his shoes, he puts on the right shoe first and afterward puts on the left shoe because the right always takes precedence. When he removes them, he removes the left and afterward he removes the right, so that the right shoe will remain on the foot longer. When one washes his feet, he washes the right first and afterward he washes the left. And one who wishes to spread oil on his feet spreads oil on the right first and afterward spreads oil on the left. And one who wishes to spread oil on his entire body, spreads oil on his head first because it is the king of all his other limbs. We learned in the mishna: And he may neither go out with phylacteries. Rav Safra said: Do not say that this halakha is only in accordance with the opinion of the one who said that Shabbat is not an appropriate time to don phylacteries, i.e., it is prohibited to don phylacteries on Shabbat, and that is the reason that one may not go out into the public domain with them. Rather, even according to the one who said that Shabbat is an appropriate time to don phylacteries, he may not go out with them due to the concern lest he come to carry them in his hand in the public domain, which is prohibited by Torah law. And some teach the statement of Rav Safra as referring to the latter clause of the mishna: And if he went out into the public domain with phylacteries he is not liable to bring a sin-offering. Rav Safra said: Do not say that this halakha is only according to the opinion of the one who said that Shabbat is an appropriate time to don phylacteries, and therefore he does not violate a Torah prohibition by going out into the public domain with phylacteries and is not liable to bring a sin-offering. Rather, even according to the opinion of one who said that Shabbat is not an appropriate time to don phylacteries, he is not liable to bring a sin-offering. What is the reason that he is exempt? Donning phylacteries is performed in the manner of wearing a garment or an ornament. Although one may not use phylacteries on Shabbat, there is no Torah prohibition against moving them. We learned in the mishna: Nor with an amulet when it is not from an expert. Rav Pappa said: Do not say that the meaning of the mishna is that one may only go out with an amulet if the person who wrote it is an expert and the amulet has proven effective. Rather, if the person who wrote it is an expert, even though the amulet has not proven effective, he may go out with it. The Gemara comments: The language of the mishna is also precise, as it teaches: Nor with an amulet when it is not from an expert, and it does not teach: When the amulet is not effective. Apparently, it is sufficient if the writer of the amulet is an expert, even if the effectiveness of the amulet has not been proven. The Gemara comments: Indeed, learn from it. The Sages taught in the Tosefta: What is an effective amulet? It is any amulet that healed one person once, and healed him again, and healed him a third time. That is the criterion for an effective amulet, and it applies to both a written amulet and an amulet of herbal roots; both if it has proven effective in healing a sick person who is dangerously ill, and if it has proven effective in healing a sick person who is not dangerously ill. It is permitted to go out with these types of amulets on Shabbat. And an amulet was not only permitted in a case where one has already fallen due to epilepsy and wears the amulet in order to prevent an additional fall. Rather, even if one has never fallen, and he wears the amulet so that he will not contract the illness and fall, he is permitted to go out with it on Shabbat is permitted. And he may tie and untie it even in the public domain, as long as he does not tie it to a bracelet or a ring and go out with it into the public domain. The reason for the prohibition is due to the appearance of transgression, as, in that case, it appears that he is wearing the amulet strictly for ornamental purposes, which is prohibited. With regard to the definition of an effective amulet as one which healed one person three times, the Gemara raises an objection. Wasn’t it taught in a baraita: Which is an effective amulet; any amulet that healed three people as one? The Gemara answers: This is not difficult. This, where it was taught in the baraita that the amulet must have healed three different people, is referring to proving the expertise of the man who wrote it. Once his amulets have proven themselves by healing three different people stricken with different illnesses, clearly the one who wrote them is an expert. That, where it was taught in the Tosefta that even if the amulet healed one person three times, is referring to proving that the amulet is effective in fulfilling its designated purpose. Rav Pappa said: It is obvious to me in a case where three amulets were written for three people and effectively healed each three times that both the man who wrote them is proven an expert and the amulet is proven effective. Likewise, it is obvious to me that in the case of one who writes three amulets for three people and healed each one time, the man is proven to be an expert; however, the amulet is not proven effective. Similarly, if one wrote one amulet for three people and it healed them, the amulet is proven effective, while the man who wrote it is not thereby proven an expert. Rav Pappa raised a dilemma: Three amulets for one person, what is the status of the amulet and the one who wrote it in that case? The amulet is certainly not proven effective; however, with regard to the man who wrote it, is he proven an expert or is he not proven an expert? This is the dilemma: Do we say that the person is an expert since the amulet that he wrote healed the person who was ill? Or, perhaps we say that it was the fortune of that sick man who received the influence of the writing of the amulet, but a different person would not be healed? The Gemara concludes: Let this dilemma stand unresolved. A dilemma was raised before the Sages: Do amulets have an element of sanctity, or perhaps they have no element of sanctity? The Gemara asks: With regard to what halakha is this dilemma relevant? If you say it is relevant with regard to rescuing them from fire on Shabbat, there is a clear resolution to the dilemma. Come and hear what was taught: The blessings and the amulets, even though there are letters of holy names and many matters that are in the Torah written in them, one may not rescue them from the fire, and they burn in their place. Rather, the dilemma is relevant with regard to the matter of interment of sacred documents. Must an amulet no longer in use be buried, or may it be discarded? However, with regard to the matter of interment as well, come and hear a resolution from what was taught: If one of the names of God was written even on the handles of the vessels and even on legs of the bed, he must cut off the name and bury it, as one must be exacting with regard to the name of God, wherever it is written. Rather, the dilemma was raised with regard to whether or not it is permitted to enter the bathroom with them. What is the halakha? Do they have sanctity, and it is therefore prohibited? Or, perhaps they have no sanctity, and it is permitted? Come and hear a resolution from that which we learned in our mishna: Nor with an amulet, when it is not from an expert. By inference: If it is from an expert, he may go out with it. And, if you say that amulets have an element of sanctity, at times he will need to go to the bathroom, will be required to remove the amulets, forget that he removed them, and come to carry them four cubits in the public domain. Since the mishna did not address these complications, apparently amulets do not have an element of sanctity in that regard and one may enter the bathroom with them. The Gemara rejects this: With what we are dealing here? With an amulet made of herbal roots that certainly has no sanctity. The Gemara asks: Wasn’t it taught in a baraita: This is the case with regard to both a written amulet and an amulet of herbal roots, indicating that their halakhot are equal? Rather, with what we are dealing here? With a person who is dangerously ill. Because of the life-threatening situation, he is permitted to enter the bathroom with his amulet, despite the resulting degradation of the Holy Name. Wasn’t it taught in the same baraita that the halakha applies to both a sick person who is dangerously ill and a sick person who is not dangerously ill, indicating that they share the same status in this regard? Rather, since the amulet heals, even though he holds it in his hand, he may well go out with it too. In terms of healing, there is no difference whether the amulet is hanging around his neck or whether it is in his hand; just as they permitted him to wear it around his neck on Shabbat, so too they permitted him to carry it in his hand. But wasn’t it taught in a baraita that Rabbi Oshaya says with regard to an amulet: As long as he does not hold it in his hand and carry it four cubits in the public domain? Apparently, even with regard to an amulet, there is a distinction between wearing it and carrying it. Rather, with what are we dealing here? With an amulet that is covered in leather. Since the writing itself is covered, the name of God is not degraded when the amulet is brought into the bathroom with him. The Gemara objects. There is writing on the scrolls of phylacteries, which is covered in the leather of boxes housing the scrolls, and nevertheless it was taught in a baraita: One who enters a bathroom while wearing phylacteries must remove the phylacteries at a distance of four cubits and only then enter. There is no halakhic difference whether or not the writing is covered. The Gemara rejects this: There, with regard to phylacteries, the prohibition to enter the bathroom is not due to the sacred writing on the scrolls inside the phylacteries. Rather, it is due to the letter shin that protrudes from the leather of the boxes housing the scroll in the phylacteries of the head, as Abaye said: The source of the requirement of the shin of the phylacteries is a halakha transmitted to Moses from Sinai. It is required by Torah law. And, Abaye said: The knot in the shape of the letter dalet in the straps of the phylacteries of the head is a halakha transmitted to Moses from Sinai. And, Abaye said: The letter yod of the phylacteries is a halakha transmitted to Moses from Sinai. It is due to those letters that one must safeguard the sanctity of the phylacteries and refrain from taking them into the bathroom. We learned in the mishna: And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms were not understood, and therefore the Gemara explains them: Shiryon is a coat of mail [zerada], armor made of scales. Kasda: Rav said that it is a leather hat [sanvarta] worn under a metal helmet. Maggafayim: Rav said they are leg armor worn beneath the knee. MISHNA: A woman may neither go out to the public domain with a perforated needle, i.e., a standard needle with an eye, nor with a ring that has a seal on it, nor with a kulyar, nor with a kovelet, the identity of which will be discussed in the Gemara, nor with a flask of balsam oil. And if she did go out into the public domain, she is liable to bring a sin-offering; this is the statement of Rabbi Meir, who holds that in doing so she violated the Torah prohibition of carrying a burden in the public domain on Shabbat. And the Rabbis exempt one who goes out on Shabbat with a kovelet and with a flask of balsam oil. In their opinion, these are ornaments, and therefore they do not fundamentally violate the Torah prohibition of carrying in the public domain on Shabbat. GEMARA: With regard to that which we learned in the mishna that a woman may not go out on Shabbat with a ring that has a seal, and by inference that she may go out with a ring without a seal, Ulla said: And the reverse of these halakhot is true with regard to a man. A man who wears a ring with a seal in the public domain is exempt. However, if he wears a ring without a seal, he is liable to bring a sin-offering as it is not considered an ornament for a man. Based on that statement, the Gemara concludes: Apparently, Ulla holds that every object that is suitable for a man is not suitable for a woman, and an object that is suitable for a woman is not suitable for a man. Rav Yosef raised an objection from the Tosefta: Shepherds may go out on Shabbat in garments made of sacks. And not with regard to the shepherds alone did the Sages say that they are permitted to go out in sacks on Shabbat; rather, any person may do so. However, the Sages taught the halakha with regard to shepherds because it is the standard practice of shepherds to go out in sacks. Apparently, although a sack is not a typical garment for most people, it is permitted even for one who is not a shepherd and would not generally wear it. Based on the same principle, although men do not generally wear women’s ornaments and women do not generally wear men’s ornaments, since occasionally a man might wear an ornament belonging to a woman or vice versa, each should be permitted to go out into the public domain with the ornament of the other. Rather, Rav Yosef said: Ulla holds that women are a people unto themselves. The difference between the standard practice of men and women is greater than the difference between the standard practice of practitioners of different professions. Abaye raised an objection to Rav Yosef’s statement from the Tosefta: One who finds phylacteries outside of the city on Shabbat should don them and bring them into the city one pair at a time. This applies to both a man and a woman. And if you say that women are a people unto themselves, isn’t the mitzva to don phylacteries a time-bound, positive mitzva, as there are times when the mitzva to don phylacteries is not in effect? And the following is a halakhic principle: Women are exempt from every time-bound, positive mitzva. If, in fact, the clothing and ornaments of a man are not suitable for a woman under any circumstances, why is a woman permitted to don the phylacteries and bring them into the city on Shabbat? Shouldn’t that be considered a prohibited act of carrying? The Gemara answers: There, with regard to phylacteries, Rabbi Meir holds that night is an appropriate time to don phylacteries, and Shabbat and Festivals are similarly an appropriate time to don phylacteries. Consequently, the mitzva of phylacteries is a positive mitzva that is not time bound; and in every positive mitzva that is not time bound, women are obligated. Therefore, women are permitted to don the phylacteries and bring them into the city. With regard to Rabbi Meir’s ruling in the mishna that a woman is liable by Torah law if she goes out into the public domain wearing a ring with a seal, the Gemara asks: Isn’t it considered carrying out in a backhanded manner? A ring with a seal is not an ornament for a woman; it is an object like any other. One typically carries objects holding them in his hand. Wearing an object around one’s finger is atypical. There is no Torah prohibition violated when a labor is performed in an atypical manner. Rabbi Yirmeya said that we are dealing in the mishna with a woman who is a treasurer for charity. A woman with that occupation typically wears a ring with a seal on her finger in order to perform her job. She does not, though, wear it as an ornament. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: You answered and explained why, in the case of a woman, she would be liable to bring a sin-offering. However, in the case of a man who wore a ring without a seal, what is there to say? Why should he be liable? Rather, Rava said that there is a different reason: Sometimes a person gives his wife a ring that has a seal on it to take it to his house and place it in a box for safekeeping, and, in order to ensure that she does not lose the ring, the woman places it in on her hand, i.e., on her finger, until she reaches the box. And, likewise, sometimes a woman gives her husband a ring that does not have a seal on it to take it to a craftsman to repair it, and the husband places it on his hand, i.e., on his finger, until he reaches the craftsman. The purpose of wearing these rings is not for ornamentation. Nevertheless, it is considered a typical manner of carrying them. We learned in the mishna: Nor with a kulyar, nor with a kovelet. The Gemara asks: What is a kulyar? Rav said: A brooch with which a woman fastens the collar of her garment. Kovelet: Rav said that it is a bundle of fragrant herbs [pilon]. And, similarly, Rav Asi said: A bundle of fragrant herbs. The Sages taught in a baraita: A woman may not go out on Shabbat with a bundle of fragrant herbs, and if she did go out she is liable to bring a sin-offering, as she violated a Torah prohibition; this is the statement of Rabbi Meir. And the Rabbis say: She may not go out ab initio; however, if she went out, she is exempt. Rabbi Eliezer says: A woman may go out with a bundle of fragrant herbs even ab initio. The Gemara asks: With regard to what principle do they disagree? Rabbi Meir holds that it is a burden. Therefore, one who takes it out into the public domain on Shabbat is liable to bring a sin-offering. And the Rabbis hold that it is an ornament. Nevertheless, they prohibited going out with it ab initio due to concern lest she remove the bundle of herbs from its place, and show it to others, and come to carry it in the public domain. And Rabbi Eliezer holds: Whose practice is it to place fragrant herbs on herself? A woman whose odor is foul. But a woman whose odor is foul does not remove and show the bundle to others because, by doing so, her odor will be detected, a situation that she would prefer to avoid. And, therefore she will not come to carry it four cubits in the public domain. This baraita cites the opinion of Rabbi Eliezer, who permits, even ab initio, going out into the public domain with a bundle of herbs. The Gemara asks: Wasn’t it taught in another baraita: Rabbi Eliezer exempts a woman who goes out on Shabbat with a bundle of herbs and with a flask of balsam oil? With regard to the halakhot of Shabbat, exempt means that although it is not prohibited by Torah law, it is prohibited ab initio by rabbinic law. The Gemara answers: This is not difficult. When Rabbi Eliezer made this statement, it was when he was addressing the statement of Rabbi Meir. When Rabbi Eliezer made that statement, it was when he was addressing the statement of the Rabbis. To clarify: When he was addressing the statement of Rabbi Meir, who said that she is liable to bring a sin-offering, he said to him that she is exempt from bringing the sacrifice. When he was addressing the statement of the Rabbis, who said that she is exempt but it is prohibited ab initio, he said that it is permitted even ab initio. And to what statement of Rabbi Meir is the Gemara referring? As it was taught in a baraita: A woman may not go out on Shabbat with a key that is in her hand, and if she went out she is liable to bring a sin-offering; this is the statement of Rabbi Meir. Rabbi Eliezer exempts a woman who goes out with a bundle of fragrant herbs and with a flask of balsam oil [palyaton]. The Gemara finds the statement of Rabbi Eliezer difficult: A bundle of fragrant herbs; who mentioned anything about that? Rabbi Meir did not mention a bundle of herbs; why did Rabbi Eliezer mention it in his response? The Gemara answers that the baraita is incomplete and it teaches the following: And likewise, with a bundle of fragrant herbs, and likewise with a flask of balsam oil she may not go out, and if she went out she is liable to bring a sin-offering; this is the statement of Rabbi Meir. Rabbi Eliezer exempts in the cases of a bundle of fragrant herbs and a flask of balsam oil. In what case is this statement said? In a case where the vessels have perfume in them; however, in a case where they do not have perfume in them, she is liable for carrying the flask out into the public domain on Shabbat. Rav Adda bar Ahava said: That is to say that one who carries out a measure of food that is less than the measure that determines liability on Shabbat, but he does so in a vessel, he is liable. Although he is not liable for carrying the food out into the public domain, he is liable for carrying out the vessel. In that case, the vessel is not subordinate to the food, and therefore it is significant. Since the case of the flask in which there is no perfume is comparable to the case in which there is less than the required measurement of food in a vessel, and it was taught in the case of the flask that she is liable even though the fragrance of the perfume remains in the vessel, it stands to reason that one who carries a vessel containing less than a measure of food is also liable. Rav Ashi said: That is no proof because, in general, I would say to you that he is exempt in a case where there is less than the measure that determines liability for food. However, it is different here, in the case of the empty flask of perfume as, in that case, there is no substance at all. Because the vessel is completely empty, he is liable for carrying the flask. Related to the mention of perfume, the Gemara cites several statements. It is stated: “That drink wine in mizrekei, and anoint themselves with the chief ointments; but they are not grieved for the hurt of Joseph” (Amos 6:6). Rav Yehuda said that Shmuel said: “The chief ointments” is balsam oil. Rav Yosef raised an objection from the Tosefta: Rabbi Yehuda ben Bava issued a decree on balsam oil as well, prohibiting its use due to mourning over the destruction of the Temple, and the Sages did not agree with him. And if you say that balsam oil is the chief ointment cited in the verse, and the decree was issued due to the pleasure it provides, why didn’t the Sages agree with his decree? Doesn’t the verse criticize those who do not feel the pain of the people? Abaye said to him: And according to your reasoning, that which is written in the same verse: “That drink wine in mizrekei”; Rabbi Ami and Rabbi Asi disagree over the meaning of the term mizrekei. One said: They are multi-spouted vessels [kenishkanin], wine vessels with spouts from which several people can drink at one time, and one said that they throw [mezarkin] their cups to one another in joy and jest. Is that also prohibited? Didn’t Rabba bar Rav Huna visit the house of the Exilarch and see the Exilarch drink from a multi-spouted vessel, and Rabba bar Rav Huna did not say anything to him? Rather, the principle is as follows: With regard to any matter in which there is an element of pleasure and in which there is an element of joy, the Sages issued a decree prohibiting it due to mourning over the destruction of the Temple. However, with regard to a matter in which there is an element of pleasure and in which there is no element of joy, the Sages did not issue a decree. Since there is no element of joy in balsam oil, even though it is precious and pleasurable, they did not issue a decree prohibiting it. The Gemara interprets additional verses related to the critique of the leadership of Samaria. It is stated: “That lie upon beds of ivory and stretch [seruḥim] upon their couches and eat the lambs out of the flock and the calves out of the midst of the stall” (Amos 6:4). Rabbi Yosei, son of Rabbi Ḥanina, said: This term, seruḥim, interpreted homiletically, teaches that their sin was that they would urinate before their beds while naked. Rabbi Abbahu ridiculed that interpretation: If so, that this is the meaning of the term seruḥim, is this the meaning of that which is written: “Therefore now they shall go into exile at the head of the exiles and the revelry of those seruḥim shall pass away” (Amos 6:7), because they urinate before their beds while naked they will be exiled at the head of exiles? Although doing so is revolting, a punishment so severe is certainly excessive. Rather, Rabbi Abbahu said: This verse is referring to a grave sin. These are people who would eat and drink with each other, and join their beds to each other, and swap wives with each other, and defile their beds with semen that was not theirs. That is the meaning of seruḥim upon their couches. For those severe transgressions they deserved to be exiled at the head of exiles. On a related note, Rabbi Abbahu said, and some say it was taught in a baraita: Three matters bring a person to a state of poverty as a divine punishment from Heaven: One who urinates before his bed while naked, and one who demeans the ritual washing of the hands, and one whose wife curses him in his presence. The Gemara explains: With regard to one who urinates before his bed while naked, Rava said: We only said this prohibition in a case where he turns his face toward his bed and urinates toward it; however, if he turns his face and urinates toward the outer portion of the room, we have no problem with it. And where one turns his face toward his bed, too, we only said this prohibition in a case where he urinates on the ground; however, if he urinates into a vessel, we have no problem with it since that is not considered disgusting. With regard to one who demeans the ritual washing of the hands, Rava said: We only said this statement in a case where he does not wash his hands at all; however, if he washes his hands and does not wash them with a significant amount of water, we have no problem with it. The Gemara notes: And that is not so, as Rav Ḥisda said: I wash my hands with handfuls of water and they gave me in reward handfuls of prosperity. Apparently, in order to garner the benefits of ritual washing of his hands, one should use a significant amount of water. With regard to one whose wife curses him in his presence, Rava said: This is referring to a case where she curses him over matters relating to her ornaments, i.e., she complains that he does not provide her with jewelry. The Gemara comments: And that applies only when he has the resources to buy her jewelry but does not do so; however, if he does not have sufficient resources he need not be concerned. Since the Gemara spoke of sins in the First Temple era, it continues to explain other verses with similar content. Rava, son of Rav Ilai, interpreted the following verse homiletically. What is the meaning of that which is written: “The Lord says because the daughters of Zion are haughty and walk with outstretched necks and wanton eyes, walking and mincing as they go and making a tinkling with their feet” (Isaiah 3:16)?
“Because the daughters of Zion are haughty,” indicates that they would walk with upright stature and carry themselves in an immodest way.
“And walk with outstretched necks,” indicates that they would walk in small steps, heel to toe, so onlookers would notice them.
“Wanton eyes,” indicates that they would fill their eyes with blue eye shadow and beckon.
“Walking and mincing [tafof] as they go,” indicates that the wealthy women would walk a tall woman alongside a short one so that the tall woman would stand out. This is derived from the interchangeability of the letters tet and tzadi; tzafo, meaning, in this case, to be seen.
“Making a tinkling [te’akasna] with their feet,” Rabbi Yitzḥak from the school of Rabbi Ami said: This teaches that they would place myrrh and balsam in their shoes and would walk in the marketplaces of Jerusalem. And once they approached a place where the young men of Israel were congregated, they would stamp their feet on the ground and splash the perfume toward them and instill the evil inclination into them like venom of a viper [ke’eres bakhos]. What was their punishment for these sins? As Rabba bar Ulla taught: “And it shall come to pass that instead of a sweet smell, there shall be a stench; and instead of a belt, a rope; and instead of well-set hair, baldness; and instead of a fine dress, a girding of sackcloth; instead of beauty, a brand” (Isaiah 3:24).
He explains: “And it shall come to pass that instead of a sweet smell there shall be a stench,” indicates that the place that they would perfume became decaying sores.
“And instead of a sash, a rope [nikpe],” indicates that the place where they were girded with a sash became covered with many bruises [nekafim].
“And instead of well-set hair, baldness,” indicates that the place where they would style their hair became bald spots.
“And instead of a fine dress [petigil], a girding of sackcloth,” indicates that the orifices [petaḥim] that lead to pleasure [gil] will become a place for a girding of sackcloth.
“Instead of beauty, a brand [ki],” Rava said: That is the popular expression that people say: Instead of beauty, a sore [kiva]. With regard to a different verse: “The Lord will smite with a scab the crown of the head of the daughters of Zion and the Lord will lay bare their secret parts” (Isaiah 3:17). And the Lord will smite with a scab the crown of the heads of the daughters of Zion; Rabbi Yosei, son of Rabbi Ḥanina, said: This teaches that there was an outbreak of leprosy among them. It is written here, scab [sippaḥ], and it is written there, among the types of leprosy: “For a sore, and for a scab [sappaḥat], and for a bright spot” (Leviticus 14:56). With regard to the verse: And the Lord will lay bare their secret parts [pot’hen ye’areh], Rav and Shmuel disagree. One says: It means that they, i.e., their innards, were poured out [ye’areh] like a jug. And one says: That their orifices [pitḥeihen] were covered with hair as thick as a forest [ya’ar]. On the topic of the sins of Jerusalem and the abundance that existed before its destruction, Rav Yehuda said that Rav said: The people of Jerusalem were people of arrogance. They would couch their crude behavior in euphemisms. A person would say to another: On what did you dine today? Well-kneaded bread or bread that is not well-kneaded? On white wine or on black wine? Sitting on a wide divan or on a narrow divan? With a good friend or a bad friend? And Rav Ḥisda said: And all these allude to promiscuity. These are all euphemisms for different types of women. Well-kneaded bread refers to a woman who is not a virgin; white wine refers to a fair-complexioned woman; a wide divan refers to a fat woman; a good friend refers to a good-looking woman. On the topic of Jerusalem, Raḥava said that Rabbi Yehuda said: The logs of Jerusalem used for fuel were from the cinnamon tree, and when they would ignite them, their fragrance would waft through all of Eretz Yisrael. And since Jerusalem was destroyed, these fragrant logs were buried, and only a sliver the size of a grain of barley remains, and it is located in the treasury of [gazzai] Tzimtzemai the queen. MISHNA: Just as it is prohibited for a woman to carry out certain items unique to a woman into the public domain, the Sages said that a man may neither go out on Shabbat with a sword, nor with a bow, nor with a shield [teris], nor with an alla, nor with a spear. And if he unwittingly went out with one of these weapons to the public domain he is liable to bring a sin-offering. Rabbi Eliezer says: These weapons are ornaments for him; just as a man is permitted to go out into the public domain with other ornaments, he is permitted to go out with weapons. And the Rabbis say: They are nothing other than reprehensible and in the future they will be eliminated, as it is written: “And they shall beat their swords into plowshares and their spears into pruning hooks; nation will not raise sword against nation, neither will they learn war anymore” (Isaiah 2:4). With regard to women’s ornaments, they added that a garter placed on her leg to hold up stockings is pure and cannot become ritually impure as a utensil, and she may even go out with it on Shabbat. However, ankle chains, which were also women’s ornaments, can become ritually impure, and she may not go out with them on Shabbat. GEMARA: The Gemara asks: What is the meaning of the term alla? It means club [kulpa]. We learned in the mishna that Rabbi Eliezer says: These weapons are ornaments for him. It was taught in a baraita that elaborates on this subject: The Rabbis said to Rabbi Eliezer: And since, in your opinion, they are ornaments for him, why are they to be eliminated in the messianic era? He said to them: They will not be needed anymore, as it is stated: “Nation will not raise sword against nation” (Isaiah 2:4). The Gemara asks: And let the weapons be merely for ornamental purposes, even though they will not be needed for war. Abaye said: It is just as in the case of a candle in the afternoon. Since its light is not needed, it serves no ornamental purpose. Weapons, too; when not needed for war, they serve no ornamental purpose either. And this baraita disagrees with the opinion of Shmuel, as Shmuel said: The only difference between this world and the messianic era is subjugation of the exiles to other kingdoms, from which the Jewish people will be released. However, in other respects, the world will remain as it is, as it is written: “Because the poor will not cease from within the land” (Deuteronomy 15:11). Society will not change, and wars will continue to be waged. However, this baraita supports the opinion of Rabbi Ḥiyya bar Abba who disagrees with Shmuel. As Rabbi Ḥiyya bar Abba said: All of the prophets only prophesied with regard to the messianic era; however, with regard to the World-to-Come it was stated: “No eye sees, God, except You, that which He will do for he that waits for Him” (Isaiah 64:3). What will be in the World-to-Come cannot be depicted even by means of prophecy. And some say the disagreement between Rabbi Eliezer and the Rabbis was different. They said to Rabbi Eliezer: Since in your opinion they are ornaments for him, why will they be eliminated in the messianic era? He said to them: Even in the messianic era they will not be eliminated. And that is in accordance with that which Shmuel stated that the world will remain fundamentally the same, and he disagrees with Rabbi Ḥiyya bar Abba. Abaye said to Rav Dimi, and some say it was to Rav Avya, and some say Rav Yosef said to Rav Dimi, and some say it was to Rav Avya, and some say Abaye said to Rav Yosef: What is the reason for the opinion of Rabbi Eliezer who said: These weapons are ornaments for him? As it is written: “Gird your sword upon your thigh, mighty one, your glory and your splendor” (Psalms 45:4), indicating that a sword is considered an ornament. The Gemara relates that some time later Rav Kahana said to Mar, son of Rav Huna: Is that really a proof? This verse is written in reference to matters of Torah and should be interpreted as a metaphor. He said to him: Nevertheless, a verse does not depart from its literal meaning, although there may be additional homiletical interpretations. Rav Kahana said about this: When I was eighteen years old and had already learned the entire Talmud, and yet I did not know that a verse does not depart from its literal meaning until now. The Gemara asks: What is Rav Kahana teaching us with that statement? The Gemara answers: He comes to teach that a person should first learn and then understand the rationale. Zarot is a mnemonic acronym for Elazar [zayin], Reish Lakish [reish], and their students [vav, tav], the amoraim who interpreted the verse in Psalms cited above Rabbi Yirmeya said that Rabbi Elazar said: Two Torah scholars who sharpen one another in halakha; the Holy One, Blessed be He, ensures success for them, as it is written: “And in your majesty [vahadarkha] prosper, ride on, in behalf of truth and meekness and righteousness; and let your right hand teach you tremendous things” (Psalms 45:5). The Sages said:
Do not read “and your majesty [vahadarkha],” rather, by changing some of the vocalization and the letters, read it as and He will sharpen you [veḥidedkha], and ultimately you will be successful.
Moreover, they who act in that manner will rise to prominence, as it is written: “Prosper, ride on.”
I might have thought even if one engages in the study of Torah not for its own sake; therefore, the verse states: “On behalf of truth.”
I might have thought that one would be rewarded with prosperity even if he became arrogant; therefore, the verse states: “Meekness and righteousness.”
And if they do so in the proper manner they merit the Torah that was given with the right hand of the Holy One, Blessed be He, as it is written: “And let your right hand teach you tremendous things” (Psalms 45:5). Rav Naḥman bar Yitzḥak said: They are rewarded with the matters stated with regard to the right hand of the Torah. As Rava bar Rav Sheila said and some say Rav Yosef bar Ḥama said that Rav Sheshet said: What is the meaning of that which is written, “Length of days is in her right hand and in her left hand are riches and honor” (Proverbs 3:16)? Is that to say, however, that in her right there is length of days, but there are not riches and honor? Rather, it means: Those who relate to it with the skilled right hand, i.e., who study Torah for its own sake and with proper intentions, there is length of days and all the more so riches and honor for them. Whereas, those who relate to it with the unskilled left hand, there are riches and honor; there is not length of days. Rabbi Yirmeya said that Rabbi Shimon ben Lakish said: Two Torah scholars who are agreeable to each other when engaging in discussions of halakha, the Holy One, Blessed be He, listens to them, as it is stated: “Then they that feared the Lord spoke [nidberu] one with another; and the Lord hearkened, and heard, and a book of remembrance was written before Him, for them that fear the Lord, and that think upon His name” (Malachi 3:16). And the term speech [dibbur] means nothing other than calm, as it is stated: “He subdues [yadber] people under us” (Psalms 47:4). He will cause the nations to submit to the Jewish people leading to a period of calm. Here too the term dibbur indicates calm and agreeability. The Gemara asks: What is the meaning of the phrase in that verse: “And that think upon His name”? Rabbi Ami said: Even if one merely planned to perform a mitzva, and ultimately due to circumstances beyond his control did not perform that mitzva, the verse ascribes him credit as if he performed it. The Gemara continues in praise of those who perform mitzvot: Rav Ḥinnana bar Idi said: Anyone who performs a mitzva as it was commanded, others do not apprise him of bad tidings, as it is stated: “He who keeps the commandment shall know no evil thing” (Ecclesiastes 8:5). Rav Asi, and some say Rabbi Ḥanina said: Even if the Holy One, Blessed be He, issued a decree, He may abrogate it, as it is stated: “For the word of the King has authority and who may say to Him: What do You do?” (Ecclesiastes 8:4). And, although this indicates that even though the King, God, issued a decree, juxtaposed to it is the verse: “He who guards the commandment shall know no evil thing” (Ecclesiastes 8:5). For one who observes mitzvot properly, the decree is abrogated and he will know no evil. Rabbi Abba said that Rabbi Shimon ben Lakish said: Two Torah scholars who listen to each other in the discussion of halakha, the Holy One, Blessed be He, hears their voice, as it is stated: “You who dwell in gardens, the companions heed your voice, cause me to hear it” (Song of Songs 8:13). And if they do not do so, i.e., they do not listen to each other, they cause the Divine Presence to depart from among Israel, as it is stated in the following verse: “Run away, my beloved, and be like a gazelle or a young hart upon the mountains of spices” (Song of Songs 8:14). Rabbi Abba said that Rabbi Shimon ben Lakish said: Two individual Torah scholars who, while studying together, cause one another to err [madgilim] in halakha [Tosafot], nevertheless, the Holy One, Blessed be He, loves them, as it is stated: “And his banner [vediglo] over me is love” (Song of Songs 2:4). Rava said: And that is only true in a case where they know the foundation of the law, and their error resulted from the lack of more sophisticated knowledge. And that is only true in a case where they do not have a prominent person in the city from whom they could learn without error. Rabbi Abba said that Rabbi Shimon ben Lakish said: One who loans another money is greater than one who gives him charity. And the one who places money into a common purse, i.e., one who enters into a partnership with a needy person, is the greatest of them all, since in that case the needy person is not embarrassed when receiving the assistance. Rabbi Abba said that Rabbi Shimon ben Lakish said: Even if a Torah scholar is as vengeful and begrudging as a snake, wrap him tightly around your waist, i.e., keep him close, because you will benefit from his Torah. On the other hand, even if an am ha’aretz is righteous, do not dwell in his neighborhood, as his righteousness does not compensate for the fact that he is ignorant. Rav Kahana said that Rabbi Shimon ben Lakish said, and some say Rav Asi said that Reish Lakish said, and some say Rabbi Abba said that Rabbi Shimon ben Lakish said: Anyone who raises an evil dog within his home prevents kindness from entering into his home, since poor people will hesitate to enter his house. As it is alluded to in the verse: “To him that is afflicted [lamas], kindness from his friend and awe of the Almighty will leave” (Job 6:14), since in the Greek language they call a dog lamas. Rav Naḥman bar Yitzḥak said: One who keeps an evil dog in his home even divests himself of fear of Heaven, as it is stated at the end of that verse: “And awe of the Almighty will leave.” The Gemara relates: A certain pregnant woman who entered to use the oven in a certain house to bake, the dog in that house barked at her, and her fetus was displaced. The owner of the house said to her: Do not be afraid because his teeth have been removed and his claws have been removed. She said to him: Take your goodness and throw it on the thorns. Your encouragement is useless as the fetus has already been displaced and will certainly die. On a related note, Rav Huna said: What is the meaning of that which is written: “Rejoice young man in your youth, and let your heart cheer you in the days of your youth, and walk in the ways of your heart and in the sight of your eyes; but know that for all these things God will bring you to judgment” (Ecclesiastes 11:9)? Until here, “the sight of your eyes,” these are the words of the evil inclination; from here on, “but know that, etc.,” these are the words of the good inclination. Reish Lakish said: Until here, the verse refers to matters of Torah. One is provided the opportunity to study and involve himself in the Torah and rejoice in its innovations; from here on, “but know that, etc.,” it refers to good deeds. One will ultimately stand trial for that which he studied and did not implement. We learned in the mishna that a garter is pure. Rav Yehuda said: Garter; that is a bracelet worn on the arm. Rav Yosef raised an objection: It is stated here that a garter is pure and a woman may go out with it on Shabbat, while a bracelet is ritually impure. It is mentioned explicitly in the verse enumerating the spoils of the war with the Midianites: “And we have brought the Lord’s offering, what every man has gotten, of jewels of gold, armlets, and bracelets, signet rings, earrings, and girdles, to make atonement for our souls before the Lord” (Numbers 31:50). Earlier in that chapter it is written with regard to the spoils: “Purify yourselves on the third day and on the seventh day both you and your captives” (Numbers 31:19). Apparently, a bracelet can become ritually impure. Rather, this is what Rav Yehuda is saying: A garter on the leg is in place of a bracelet on the arm. It goes around the leg to hold a stocking in place just as a bracelet goes around the arm. However, unlike a bracelet, a garter cannot become ritually impure because it is not an ornament. It simply holds up the stocking. The Gemara relates: Ravin and Rav Huna were sitting before Rav Yirmeya. And Rav Yirmeya was sitting and dozing as the two students conversed. And Ravin sat and said: The difference between a garter and ankle chains is that a garter is worn on one leg, and ankle chains are worn on two legs. Rav Huna said to him: These garters and those ankle chains are both worn on two legs. And when she wears garters on both legs they place a chain between them, and they become vessels with the legal status equal to that of ankle chains. And Ravin asked: And does the chain that is connected to it render it a vessel? If a garter without a chain is not considered a vessel, why would the addition of a chain render it a vessel that can become ritually impure? And if you say the reason for this is in accordance with the opinion of Rabbi Shmuel bar Naḥmani, as Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that a metal vessel that makes a sound is considered a vessel and can become ritually impure? As it is stated: “Every thing that passes through the fire, you shall make it pass through the fire, and it shall be clean; nevertheless it shall be purified with the water of sprinkling; and all that does not pass through the fire you shall make to go through water” (Numbers 31:23). And the Sages interpret the verse homiletically: Every thing [davar], even speech [dibbur]; in other words, even an object that makes a sound shall pass through fire to become purified because it is a vessel. However, this case is not similar. Granted, there, they require the vessel for the purpose of its sound and it performs an action. However, here, what action does the chain perform? Although it creates a sound, the chain serves no purpose. He said to him: Here, too, the chain is performing a purposeful action, as Rabba bar bar Ḥana said that Rabbi Yoḥanan said: There was one family in Jerusalem whose daughters’ strides were lengthy, and as a result their hymen membranes would fall away. In order to solve this problem they made them ankle chains and they hung a chain between them so that their strides would not be so large and, indeed, their hymen membranes would no longer fall away. Meanwhile, Rabbi Yirmeya awoke from their voices and said to them: Correct, and Rabbi Yoḥanan said likewise. On the topic of ritual impurity, the Gemara relates: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: From where is it derived that a woven fabric of any size can become ritually impure? It is derived from the frontplate [tzitz] of the High Priest, which is considered a vessel despite its small size. Abaye said to him: And is the frontplate a woven fabric? Wasn’t it taught in a baraita: The frontplate is made like a kind of smooth plate of gold, and its width is two fingerbreadths, and it encircles the forehead from ear to ear. And on it is written in two lines: Yod heh, i.e., the Tetragrammaton, above, and kodesh lamed, i.e., sacred to, below. Thus, the words: Sacred to God, were written on the frontplate. In deference to the name of God, it would be written on the top line, and the words: Sacred to, on the line below. And Rabbi Eliezer, son of Rabbi Yosei, said: I saw it in the Caesar’s treasury in the city of Rome and Sacred to God was written on one line. In any case, since the frontplate is a gold plate, how can it serve as a source for ritual impurity in fabrics? When Rav Dimi ascended to Neharde’a, he sent to the yeshiva students: The statements I said to you with regard to woven fabrics of any size becoming ritually impure regardless of their size, they are my mistake. However, this is what they said in the name of Rabbi Yoḥanan: From where is it derived that an ornament of any size can become ritually impure? It is derived from the frontplate. And from where is it derived that a woven fabric of any size can become ritually impure? It is derived from the verse: “Or a garment or leather or sack; any vessel with which any work is done must be put into water and it shall be unclean until evening, then it shall be clean” (Leviticus 11:32). From the extraneous phrase, “or a garment,” it is derived that any garment, regardless how small, falls into this category. Similarly, the Sages taught in a baraita: A woven fabric of any size can become ritually impure, and an ornament of any size can become ritually impure. An object that is half woven fabric and half ornament of any size can become ritually impure. And a sack is added to the category of garment; it too is ritually impure due to woven fabric. Rava said in explanation of the baraita: A woven fabric of any size is ritually impure as derived from the phrase “or a garment.” An ornament of any size is ritually impure, as derived from the halakhot of the frontplate. A woven fabric and an ornament of any size is ritually impure, as derived from that which is stated: “And Moses and Elazar the priest took the gold from them, all vessels with which labor is done” (Numbers 31:51). Any object that can be utilized for any action falls into the category of: All vessels with which labor is done. One of the Sages said to Rava: That verse is written with regard to Midian. There it is referring specifically to ritual impurity imparted by a corpse, and how is it possible to derive from that halakhot of ritual impurity in general? Rava said to him: He derived by means of a verbal analogy from the word vessel written there, with regard to the halakhot of ritual impurity imparted by a corpse, and the word vessel written with regard to the halakhot of other impurities. It was taught in the baraita that a sack is added to the category of “garment”; it too is ritually impure due to woven fabric. The Gemara asks: Is that to say that a garment is not a woven fabric? Rather, the statement should be emended and say as follows: A sack made from goat hair is added to the category of garment; even though it is not woven it can nevertheless become ritually impure. The Gemara asks: For what is a garment made of unwoven goat hair suitable? Rabbi Yoḥanan said: Since a poor person occasionally braids three goat hairs and hangs it on his daughter’s neck as an ornament. The Sages taught a detailed halakhic exposition of that verse in a different baraita. From the fact that the verse mentioned sack, I have only derived that a whole sack can become ritually impure. From where is it derived to include even reins [kilkeli] and a saddle band fastened under the horse’s belly in the category of those objects that can become ritually impure? The verse states: “Or sack”; “or” teaches that the verse is referring to items similar to a sack as well. I might have thought, on that basis, that I should include even the ropes and measuring cords. The verse states: “Sack,” just as a sack is spun and woven, so too, everything that is spun and woven can become ritually impure. Ropes and measuring cords are not made from spun threads, and they are certainly not woven. The baraita continues: Now, it says with regard to the halakhot of ritual impurity imparted by a corpse: “And every garment and all that is made of skins and all work of goats’ hair and all things made of wood you shall purify” (Numbers 31:20). This verse comes to include reins and the band under the horse’s belly within the category of: All work of goats’ hair. They too can become ritually impure. I might have thought that I would include even the ropes and thin cords in this category. The Gemara begins with a logical analysis. And it may be inferred logically to the contrary, that a rope cannot become impure. The verse deemed impure an object that came in contact with a creeping animal, and it deemed impure an object that came in contact with a corpse. Just as when it rendered an object impure from contact with a creeping animal it only rendered impure objects spun and woven, as stated above; so too, when it rendered impure an object from contact with a corpse, it only rendered impure objects spun and woven. There is room to distinguish: Are these indeed comparable? If the Torah was lenient with regard to the ritual impurity of an object that came in contact with a creeping animal, which is a less severe form of impurity, saying that ropes do not become impure from contact with that form of ritual impurity, will we be lenient with regard to ritual impurity imparted by a corpse, which is more severe? Perhaps, since impurity imparted by a corpse is more severe, even objects not woven and spun, e.g., ropes, become ritually impure from contact with it. Therefore, the verse states garment and leather, garment and leather to establish a verbal analogy. The term garment and leather is stated with regard to ritual impurity imparted by a creeping animal: “And whatever any of them falls upon when they are dead will be impure whether it be any vessel of wood, or a garment, or leather, or sack, whatever vessel it be with which any work is done it must be put into water and it will be impure until evening, then it will be clean” (Leviticus 11:32). And garment and leather is stated with regard to ritual impurity imparted by a corpse. Just as garment and leather stated with regard to a creeping animal only rendered impure objects that are spun and woven, so too, garment and leather stated with regard to a corpse only rendered impure objects that are spun and woven. Utilizing the same verbal analogy, one could say: And just as garment and leather stated with regard to a corpse rendered impure any object that is the work of goats’ hair, so too, garment and leather stated with regard to a creeping animal rendered impure any object that is the work of goats’ hair. I have only derived from this verbal analogy that an object that comes from goats can become ritually impure; from where do I derive to include an item that comes from a horse’s tail or from a cow’s tail? The verse states: Or a sack, and anything like a sack, i.e., these other items as well. The Gemara asks: Didn’t you already derive ritual impurity with regard to reins and a saddle band from this verse? How can ritual impurity for items that come from a horse’s tail and a cow’s tail be derived from the same verse? The Gemara answers: That applies only before the verbal analogy was cited; now that the verbal analogy was cited, the verse is rendered extraneous. The fact that any item that falls in the category of: “And all work of goats’ hair,” can become ritually impure is derived from the verbal analogy. Reins and a saddle bands are included in the category of work of goats’ hair. Therefore, they need not be derived from that phrase. Consequently, a different halakha can be derived from that extraneous phrase: Objects that come from a horse’s tail or a cow’s tail can become ritually impure. The baraita continues: And I have derived that an object made from a horse’s tail can become impure only with regard to a creeping animal; however, with regard to a corpse, from where is this derived? The Gemara begins with a logical analysis. And it may be inferred logically that this is so. The Torah rendered impure a sack that came into contact with a corpse and rendered impure a sack that came into contact with a creeping animal. Just as when the Torah rendered items that came into contact with a creeping animal impure it made the legal status of that which comes from a horse’s tail and a cow’s tail equal to the legal status of that which is made from goats’ hair, i.e., that it contracts ritual impurity, so too when the Torah rendered impure items that came into contact with a corpse, it made the legal status of that which comes from a horse’s tail and a cow’s tail equal to the legal status of that which is made from goats’ hair. The Gemara rejects this: Are these indeed comparable? If the verse added additional objects to the category of ritual impurity that lasts until nightfall, e.g., the impurity imparted by a creeping animal, which is extensive, will we add additional objects to the category of ritual impurity that lasts for seven days, which is limited to the case of impurity from a corpse? The fact that items made of a horse’s tail or a cow’s tail are added to the already broad category of ritual impurity that lasts until nightfall is not necessarily an indication that they are to be added to the category of ritual impurity that lasts seven days. The verse states: Garment and leather, garment and leather to establish a verbal analogy. Garment and leather is stated with regard to ritual impurity imparted by a creeping animal, and garment and leather is stated with regard to ritual impurity imparted by a corpse. Just as with regard to the garment and leather stated in the halakhot of a creeping animal the Torah rendered the legal status of an item made from a horse’s tail or a cow’s tail equal to the legal status of that which is made from goats’ hair, so too, with regard to the garment and leather stated in the halakhot of a corpse, the Torah rendered the legal status of an item made from a horse’s tail or a cow’s tail equal to the legal status of that which is made from goats’ hair. The Gemara notes: And it must be that the words garment and leather are free. Those terms must be superfluous in their context. The Torah included those terms for the express purpose of establishing the verbal analogy. A verbal analogy that is based on otherwise extraneous terms cannot be logically refuted. Because if these terms are not free, the verbal analogy can be refuted: What is unique to a creeping animal? Its ritual impurity is stringent in that it renders objects ritually impure even by means of contact with a lentil-bulk of a creeping animal. That is not the case with regard to a corpse, which is less severe in that it renders objects ritually impure only by means of contact with an olive-bulk of a corpse. Unless the terms are free, the analogy can be refuted. Indeed [la’ei], they are free. The Gemara proves that the terms garment and leather are extraneous in their context. Now, since ritual impurity from contact with a creeping animal is juxtaposed to ritual impurity from contact with semen, as it is written: “And whoever touches anything that is impure by the dead or a man from whom semen is emitted” (Leviticus 22:4), and juxtaposed to that is the verse: “Or whoever touches any creeping animal which makes him impure, or a person who may make him impure with any impurity that he has” (Leviticus 22:5). And it is written in the halakhot of the ritual impurity of semen: “And every garment and every hide on which the semen is must be washed with water and will be impure until evening” (Leviticus 15:17). Since the verses appear next to each other, the halakhot of each can be derived from the other. Consequently, the words garment and leather, which the Torah wrote with regard to a creeping animal, why do I need them? The relevant halakha could be derived from the halakhot of seminal impurity. Learn from it that garment and leather were mentioned to render them free. The Gemara comments: And still, it is free only from one side of the verbal analogy. Although the terms garment and leather stated with regard to ritual impurity imparted by a creeping animal are extraneous in their context, and the relevant halakha could have been derived in another manner, those terms stated with regard to ritual impurity imparted by a corpse are not extraneous in their context. This verbal analogy is only free from one side. It works out well according to the opinion of the one who said, with regard to a verbal analogy that is free from only one side, one can derive from it and cannot refute it logically. However, according to the opinion of the one who said that one can derive from a verbal analogy of this kind and one can refute it logically, what can be said? The Gemara answers: Garment and leather stated with regard to impurity imparted by a corpse are also free. Now, since a corpse is juxtaposed with semen, as it is written: “And whoever touches anything that is impure by the dead or a man whose semen is emitted from him” (Leviticus 22:4); and it is stated with regard to semen: “And every garment and every hide” (Leviticus 15:17); the terms garment and leather, which the Torah wrote with regard to ritual impurity imparted by a corpse, why do I need them? Learn from it that they are mentioned in order to render them free. These terms are extraneous in their context, and were written for the purpose of the verbal analogy with the halakhot of creeping animals. The Gemara interprets verses written with regard to the Midianite war discussed above: “And we have brought an offering before the Lord what every man has gotten of jewels of gold, chains, and bracelets, rings, agil, and kumaz, to make atonement for our souls before the Lord” (Numbers 31:50). Rabbi Elazar said: Agil is a mold in the shape of a woman’s breasts worn over them as an ornament. Kumaz is a mold in the shape of the womb. Rav Yosef said: If so, that is the reason that we translate kumaz into Aramaic as maḥokh, meaning an item that leads to foolishness. Rabba said to him: This meaning is learned from the verse itself; kumaz is an acronym for: Here [kan] is the place of [mekom] lewdness [zimma]. Later in that chapter, it is written: “And Moses was angry with the officers of the host, the captains over thousands, and captains over hundreds, who came from the battle” (Numbers 31:14); Rav Naḥman said that Rabba bar Avuh said that Moses said to Israel: Perhaps you have returned to your original sinful behavior, when you sinned with the daughters of Moab and Midian at Shittim? They said to him: “Not one man of us is missing” (Numbers 31:49), we remain as wholesome in deed as we were. He said to them: If so, why do you need atonement? The princes brought these ornaments to atone for their souls. They said to him: If we have emerged from the grasps of actual transgression, we have not emerged from the grasps of thoughts of transgression. Immediately, they decided: “And we have brought an offering before the Lord.” The Sage of the school of Rabbi Yishmael taught: For what reason did Israel in that generation require atonement? Because they nourished their eyes from nakedness. With regard to the verse that lists the ornaments, Rav Sheshet said: For what reason did the verse list outer ornaments, i.e., a bracelet, with inner ornaments, i.e., a kumaz? To tell you that anyone who gazes upon a woman’s little finger is considered as if he gazed upon her naked genitals. The atonement was for the sin of looking. MISHNA: The mishna continues to discuss those items with which it is permitted to go out and those items with which it is prohibited to go out on Shabbat. A woman may go out with strands of hair that she put on her head, whether they are from her own hair that she made into a wig, or whether they are from the hair of another, or whether they are from the hair of an animal. And a woman may go out with an ornament called totefet, and with sarvitin when they are sewn and will not fall. She may go out on Shabbat with a woolen cap or with a wig to the courtyard, although not to the public domain. And likewise she may go out with a cloth that is in her ear, and with a cloth in her sandal, and with a cloth that she placed due to her menstrual status. She may go out on Shabbat with pepper, or with a grain of salt, or anything placed in her mouth for healing or for preventing bad odor, as long as she does not put these objects in her mouth for the first time on Shabbat. And if it fell out she may not replace it. A false tooth as well as (Ramban) a gold tooth, Rabbi Yehuda HaNasi permits going out with it, and the Rabbis prohibit doing so. GEMARA: We learned in the mishna that a woman may go out with different strands of hair. The Gemara comments: And it is necessary to cite all of the cases. If the mishna taught us only with regard to her own hair, I would have said that she may go out with it because it is not repulsive, as it is her own hair; therefore, there is no concern lest she come to remove the strands and carry them in the public domain. However, the hair of another, which is repulsive and a different color from hers, say no, she may not go out with it, due to concern lest she be embarrassed, remove it, and come to carry it in the public domain. And if the mishna taught us that she is permitted to go out with the hair of another, I would have said that she may go out with it because it is hair of her own kind. Therefore, it is not repulsive in her eyes and she will not come to remove it. However, the hair of an animal, since it is not of her own kind, say no, she may not go out with it due to concern lest she remove it. Therefore, it is necessary to cite all three cases. It was taught in the Tosefta: It is permitted as long as a girl does not go out with the hair of an elderly woman, and an elderly woman does not go out with the hair of a girl. The Gemara challenges: Granted, the Gemara cited the case of an elderly woman who goes out with the hair of a girl, as it is a reasonable scenario because it is flattering for her to look young. However, why would a girl go out with the hair of an elderly woman? Since it is demeaning for her to appear elderly, it is an unlikely scenario. The Gemara answers: Since the mishna taught the case of an elderly woman with the hair of a girl, it also taught the improbable case of a girl with the hair of an elderly woman. It was taught in the mishna that a woman may go out with a woolen cap or with a wig to the courtyard. Rav said: With regard to all ornaments and garments with which the Sages prohibited going out into the public domain on Shabbat, it is also prohibited to go out with them into the courtyard due to the concern lest she forget and go out to the street, with the exception of a woolen cap and a wig. Rabbi Anani bar Sason said in the name of Rabbi Yishmael: All ornaments have the same legal status as a woolen cap and may be worn into the courtyard. We learned in the mishna that it is permitted to go out with a woolen cap or a wig into the courtyard. Granted, according to the opinion of Rav the matter works out well, as the mishna allows one to go out into a courtyard only with a woolen cap and a wig. However, according to the opinion of Rabbi Anani bar Sason, it is difficult. The Gemara answers: In whose name did Rabbi Anani bar Sason say his halakha? In the name of Rabbi Yishmael bar Yosei, and Rabbi Yishmael bar Yosei is a tanna and, as such, has the authority to dispute the determination in the mishna. The Gemara asks: And according to Rav, what is different about these, the woolen cap and the wig, that the mishna permitted going out into the courtyard with them? Ulla said: So that she will not become unappealing to her husband. That would be the result if all ornamentation was prohibited. As it was taught in a baraita with regard to the verse: “And of her that is sick in her menstrual status [niddata]” (Leviticus 15:33), the Elders of the early generations said that this verse comes to teach us that the menstruating woman should be distanced from her husband in all senses, like a person ostracized [menudeh] by the Sages. This includes that she may not paint her eyes blue, and she may not rouge [pokeset] her face, and she may not adorn herself with colorful clothing. Until Rabbi Akiva came and taught: If you do so, you are making her unappealing to her husband, and her husband will consequently divorce her. Therefore, extreme strictures should not be instituted. Rather, what is the meaning of that which the verse states: “And of her that is sick in her menstrual status”? She shall remain prohibited in her menstrual status even after the flow of blood has stopped until she immerses in the water of a ritual bath. Rav Yehuda said that Rav said: Wherever the Sages prohibited an action due to the appearance of prohibition, even in the innermost chambers, where no one will see it, it is prohibited. When prohibiting an action, the Sages did not distinguish between different circumstances. They prohibited performing the action in all cases. The Gemara raises an objection. We learned in the mishna that an animal belonging to a Jew may not go out on Shabbat with a bell around its neck, even though it is plugged and makes no sound, due to the appearance of prohibition, as it appears as if he were taking the animal to the marketplace. And it was taught in another baraita: He may plug the bell on the animal’s neck and walk with it in the courtyard. Apparently, although the Sages prohibited this action due to the appearance of prohibition, they permitted it in the courtyard. The Gemara answers: It is subject to a dispute between tanna’im in this matter, as it was taught in a baraita: One whose clothes fell into water on a Festival may not dry them in the conventional manner; however, he may spread them out in the sun, but not before the people, who may suspect that he laundered his clothes on Shabbat. Rabbi Eliezer and Rabbi Shimon prohibit doing so even in a place concealed from view. Apparently, the Sages disagree whether or not an action prohibited due to the appearance of prohibition is prohibited everywhere. We learned in the mishna that a woman may go out on Shabbat with a cloth that is in her ear. Rami bar Yeḥezkel taught: And that is specifically in a case where the cloth is tied to her ear and she will not come to carry it. The mishna continues: A woman may go out with a cloth that is in her sandal. Rami bar Yeḥezkel taught: And that is specifically in a case where the cloth is tied to her sandal. We learned in the mishna: A woman may go out with a cloth that she placed due to her menstrual flow. Rami bar Ḥama considered saying that it is permitted specifically in a case where it is tied between her thighs. Rava said: It is permitted even though it is not tied to her; since it is repulsive, she will not come to carry it even if it falls. Rabbi Yirmeya raised a dilemma before Rabbi Abba: If she made herself a handgrip in which she could hold the cloth, what is the halakha? Since she does not have to touch the cloth with her bare hand, is there concern that she will come to carry it or not? He said to him: It is permitted. It was also stated that Rav Naḥman bar Oshaya said that Rabbi Yoḥanan said: If she made herself a handgrip it is permitted. Rabbi Yoḥanan went out with a cloth in his ear to the study hall on Shabbat, and his colleagues are in disagreement with him and rule that it is prohibited to do so because it was not tied to his ear. Rabbi Yannai went out with it, a cloth in his ear, to a karmelit, an intermediate domain, neither public nor private. And all the Sages of his generation are in disagreement with him. The Gemara asks: Didn’t Rami bar Yeḥezkel teach: And that is specifically in a case where the cloth is tied to her ear? How could these Sages ignore this halakha? The Gemara answers: This is not difficult; this, where it was taught that certain Sages went out with a cloth, is in a case where it was stuck tightly in their ears. Therefore, it was permitted even though it was not tied. That, where Rami bar Yeḥezkel said that going out with a cloth is permitted only when it is tied, is in a case where it was not stuck tightly in his ear. We learned in the mishna: A woman may go out with pepper and with a grain of salt in her mouth. The Gemara explains: She places pepper in her mouth to prevent mouth odor and a grain of salt to treat a toothache. With regard to that which we learned in the mishna: A woman may go out on Shabbat with any thing that she places in her mouth: This refers to ginger or, alternatively, to cinnamon [dartzona]. We learned in the mishna that the Sages disagree whether or not a woman may go out on Shabbat with a false tooth and a gold tooth; Rabbi Yehuda HaNasi permits doing so and the Rabbis prohibit doing so. Rabbi Zeira said: They only taught the dispute with regard to a gold tooth. Since it is precious, she might remove it from her mouth to show her friends and come to carry it. However, with regard to a silver tooth, which is less precious, there is no concern that she will remove it from her mouth. Everyone agrees that it is permitted. That opinion was also taught in a baraita: With regard to a tooth made of silver, everyone agrees that it is permitted. With regard to a tooth of gold, Rabbi Yehuda HaNasi permits going out with it and the Rabbis prohibit going out with it. Abaye said: Rabbi Yehuda HaNasi, and Rabbi Eliezer, and Rabbi Shimon ben Elazar all hold that anything that makes her unappealing when removed, she will not come to remove it and show it to others. Therefore, it is permitted for her to go out with it. The Gemara elaborates: The opinion of Rabbi Yehuda HaNasi is that which we just stated. The opinion of Rabbi Eliezer is as it was taught in a baraita: Rabbi Eliezer exempts a woman who went out with a bundle of fragrant herbs and with a flask of balsam oil, since a woman whose odor is foul does not remove and show the bundle to others. The opinion of Rabbi Shimon ben Elazar is as it was taught in a baraita. Rabbi Shimon ben Elazar stated a principle: Anything that is worn beneath the net, a woman may go out into the public domain with it, since a woman will not uncover her hair while in the public domain even to show off an ornament. Anything that is worn over the net, e.g., an ornamental hat, a woman may not go out with it, since there is concern that she will remove it and carry it. MISHNA: A woman may go out with a sela coin that she ties on a wound on her foot. The young girls may go out with strings, and even with wood chips that are in the holes in their ears so that the holes will not seal. Young girls would have their ears pierced, but earrings were not placed in their ears until they were older. Jewish women in Arab countries may go out veiled, with a scarf covering their face, and Jewish women in Media may go out with cloaks fastened with stones. And, any person in any place is permitted to go out on Shabbat clothed in that way; however, the Sages spoke in the present, addressing prevalent situations. A woman may fasten her cloak on a stone by inserting a small stone and wrapping her cloak around it, as she would with a button. And likewise, she may do so on a nut or on a coin, as long as she does not fasten her cloak with them on Shabbat ab initio. GEMARA: The Gemara asks: What is the tzinit with regard to which the mishna taught that a woman may go out with a coin tied to it on Shabbat? The Gemara explains: It is a wound on the sole of her foot. The Gemara asks: What is different about a sela? Why specifically is a coin placed on the wound? If you say that any object that is hard is beneficial for her, make an earthenware shard for her instead. Rather, it is beneficial due to the rust on the coin. If so, make a small silver plate for her. Why specifically a coin? Rather it is beneficial due to the image engraved on the coin. If so, make her an unminted coin and engrave an image on it. Abaye said: Learn from it that all these factors together are beneficial for her. The mishna taught that the young girls may go out with strings. The Gemara relates that Shmuel’s father did not allow his daughters to go out with strings, and did not allow them to lie next to each other, and he made ritual baths for them in the days of Nisan and mats in the Euphrates River in the days of Tishrei. Since the water was shallow and the riverbed muddy, he placed mats on the riverbed so that they could immerse without getting dirty. The Gemara analyzes the conduct of Shmuel’s father: He did not allow them to go out with strings. Didn’t we learn in the mishna that the girls may go out with strings? The Gemara answers: The strings with which the daughters of Shmuel’s father went out were colorful ones, and he was concerned that because the strings were beautiful they would come to remove them to show them to others and carry them. He did not allow them to lie next to one another. Let us say that this supports the opinion of Rav Huna, as Rav Huna said: Women who rub against one another motivated by sexual desire are disqualified from marrying into the priesthood. The act renders a woman a zona. It is prohibited for a priest to marry her (Tosafot). The Gemara rejects this: No, that is not necessarily so. Perhaps the reason for Shmuel’s father’s insistence was because he thought to prevent them from lying next to one another so that they would not become accustomed to sleeping with a foreign body, which could stimulate sexual desire. And he made a ritual bath for them in the days of Nisan. This supports the opinion of Rav, as Rav said: When rain falls in the West, Eretz Yisrael, the great witness attesting to that fact is the Euphrates, as the water flow in the Euphrates increases after the rainy season. The rainfall in northern Babylonia, where the source of the Euphrates is located, is essentially parallel to the rainfall in Eretz Yisrael. The increased water flow of the Euphrates in the spring is the result of the rainfall in the winter. Shmuel’s father held that immersion in the Euphrates would not purify them. A river maintains its status as a river in terms of purification through immersion only if it is established that the rain water that fell would not exceed the naturally flowing spring water. In the halakhot of ritual baths, there are two manners of purification. The first is the immersion in a place where water is gathered, e.g., collected rainwater that does not flow and remains in place. The second is immersion in flowing waters in their natural state, e.g., a spring or a river. However, rainwater purifies only when it is collected; it does not purify when it is flowing. And he disagrees with his son Shmuel, as Shmuel said: The river is blessed from its riverbed (ge’onim); the additional water in the river is not from rainfall but rather from subterranean sources. And this statement of Shmuel disagrees with another ruling that he himself issued, as Shmuel said: The water purifies when flowing only in the Euphrates during the days of Tishrei alone. Since rain does not fall in the summer, only then is it clear that the water is in fact river water. We learned in the mishna: A woman may fasten her cloak on a stone, and on a nut, and on a coin, as long as she does not fasten her cloak with them ab initio on Shabbat. The Gemara asks: Didn’t you say in the first clause of this halakha in the mishna that a woman may fasten, indicating that she is permitted to do so even ab initio? How do you explain the contradiction? Abaye said: In the latter clause of the mishna we have arrived at the case of a coin, one of the examples cited in the mishna. The halakha with regard to a coin is the exception. Because a coin is set-aside from use on Shabbat, one might conclude that it may not be used at all; nevertheless, it is only prohibited to fasten the cloak on the coin ab initio on Shabbat itself. Abaye raised a dilemma: What is the halakha with regard to a case where a woman employs artifice to circumvent the halakha and fastens her garment on a nut in order to take the nut out in a permissible fashion to her young child in the public domain on Shabbat? The Gemara notes: This is a dilemma according to the one who said that one may employ artifice when there is a fire on Shabbat. One is permitted to wear several layers of garments to take them out of a burning house on Shabbat. And this is a dilemma according to the one who said that one may not employ artifice when there is a fire on Shabbat. The Gemara elaborates: This is a dilemma according to the one who said that one may employ artifice when there is a fire on Shabbat, as the cases are distinct. Perhaps there, artifice is permitted because if you do not permit him to take the garments out of the burning house in that manner, he will come to extinguish the fire. However, here, if you do not permit the woman to employ artifice and take the nut out to her child in the public domain, she will not come to take it out. Or perhaps, even according to one who said that one may not employ artifice in the case of a fire, there is a distinction between the cases. There, in the case of a fire, wearing garments is the typical manner in which one takes clothing out to the public domain. However, here, utilizing a nut as a button is not the typical manner in which one takes a nut out to the public domain. Since no Torah prohibition is violated by doing so, say that she may well employ artifice to take the nut out to her son. The Gemara concludes: Let this dilemma stand unresolved. MISHNA: One with an amputated leg may go out on Shabbat with his wooden leg, as it has the legal status of a shoe; this is the statement of Rabbi Meir. And Rabbi Yosei prohibits going out into the public domain with the wooden leg, since he does not consider it to have the legal status of a shoe. And if the wooden leg has a receptacle for pads, a concave space at the top of the leg into which pads are placed to cushion the amputated leg, it assumes the status of a wooden vessel and can become ritually impure. And his supports, which are shoes that one who had both of his feet amputated places on his knees in order to walk on his knees, if a zav wears them, they are subject to ritual impurity imparted by treading. A zav is a primary source of ritual impurity. If he touches a vessel it assumes first-degree ritual impurity status. However, vessels on which he treads, sits, lies, or leans become primary sources of ritual impurity, provided they are designated for that purpose. These supports are vessels designated for treading. And one may go out with them into the public domain on Shabbat since they have the legal status of shoes. And one may enter the Temple courtyard with them. Although, generally, wearing shoes in the Temple courtyard is prohibited, in this regard, the supports do not have the legal status of shoes. However, if one who is crippled to the extent that he cannot walk at all sits on a chair that is attached to him, places supports on his hands, and propels himself along with his hands, his chair and supports are subject to ritual impurity imparted by treading. And one may not go out with them on Shabbat, and one may not enter the Temple courtyard with them. Loketamin, which will be explained in the Gemara, are ritually pure in the sense that they cannot become ritually impure because they are not vessels, and one may not go out with them on Shabbat. GEMARA: Rava said to Rav Naḥman: How did we learn the dispute in our mishna? Does Rabbi Meir rule that the amputee may go out with a wooden leg and foot and Rabbi Yosei prohibits him from doing so? Or is it Rabbi Meir who prohibited him from doing so, and Rabbi Yosei’s opinion is the lenient one? Rav Naḥman said to him: I don’t know. And Rava asked: What is the halakha in this matter? Rav Naḥman said to him: I don’t know. It was stated: Shmuel said that the correct reading of the mishna is: An amputee may not go out, and Rabbi Yosei permits him to do so. And, likewise, Rav Huna said that the correct reading of the mishna is: An amputee may not. Rav Yosef said: Since Shmuel said that the correct reading of the mishna is: An amputee may not, and Rav Huna said: An amputee may not, we will also learn the mishna: An amputee may not. Rava bar Shira strongly objects to this: And did they not hear that Rav Ḥanan bar Rava taught the mishna to Ḥiyya bar Rav before Rav in a small room [kituna] in the school of Rav: An amputee may not go out on Shabbat with his wooden leg; this is the statement of Rabbi Meir. And Rabbi Yosei permits going out with it. And Rav signaled him with a hand gesture to reverse the opinions, Rabbi Meir permits going out and Rabbi Yosei prohibits doing so. Rav Naḥman bar Yitzḥak said: And the mnemonic to remember which tanna permits and which tanna prohibits is samekh samekh. The letter samekh appears both in the name Yosei and in the Hebrew word for prohibits [oser]. In that way, one remembers that Rabbi Yosei is the one who prohibits it. The Gemara comments: And even Shmuel, who said that the correct reading of the mishna is: An amputee may not, and Rabbi Yosei permits it, reversed his opinion. As we learned in a mishna: The ḥalitza ceremony, which frees a childless widow from the obligation to enter into levirate marriage with her brother-in-law, involves the widow removing her brother-in-law’s sandal from his foot. If she removed a sandal that is not his, or a wooden sandal, or the sandal of the left foot that was on his right foot, the ḥalitza is valid. And we said: Who is the tanna who holds that a wooden sandal is considered a shoe for this purpose? Shmuel said: It is Rabbi Meir, as we learned in a mishna: An amputee may go out with his wooden leg, this is the statement of Rabbi Meir, and Rabbi Yosei prohibits doing so. Ultimately, Shmuel accepted Rav’s reading of the mishna. And Rav Huna also reversed his opinion, as it was taught in a baraita: With regard to a plasterers’ sandal worn by those who work with lime and would cover their leather shoes with a shoe woven from straw or reeds so that the leather shoes would not get ruined by the lime. If the plasterer is a zav and walks with his shoes covered, the shoe covering is subject to ritual impurity imparted by treading, as the legal status of that sandal is that of a shoe. A woman may perform ḥalitza with it, and one may go out with it on Shabbat; this is the statement of Rabbi Akiva. And the Rabbis did not agree with him. The Gemara asks: Wasn’t it taught in a baraita that they agreed with him? Rav Huna said in resolution of this apparent contradiction: Who is the Sage whose opinion is referred to in the phrase: They agreed with him? It is Rabbi Meir. And who is the Sage whose opinion is referred to in the phrase: They did not agree with him? It is Rabbi Yosei. Even Rav Huna accepted Rav’s reading of the mishna that Rabbi Yosei prohibits going out with a wooden leg. Rav Yosef said: Who is the Sage whose opinion is referred to in the phrase: They did not agree with Rabbi Akiva? It is Rabbi Yoḥanan ben Nuri. As we learned in a mishna: A receptacle made of straw and a tube made of reeds, Rabbi Akiva deems these vessels capable of becoming ritually impure, and Rabbi Yoḥanan ben Nuri deems them pure, i.e., incapable of becoming ritually impure because they are not vessels. According to Rabbi Yoḥanan ben Nuri, straw objects are not considered vessels fit for use. It was taught in a baraita that the Master said: A plasterers’ sandal is subject to ritual impurity imparted by treading. The Gemara asks: How could that be? These sandals are not made for walking. Rav Aḥa bar Rav Ulla said: They are used for walking, as, at times, the plasterer walks in them until he reaches his house. We learned in the mishna: And if the wooden leg has a receptacle for pads, it is capable of becoming ritually impure. Abaye said: It is subject to ritual impurity due to contact with ritual impurity imparted by a corpse, and it is not subject to ritual impurity imparted by treading. If a zav uses a wooden leg it merely assumes first-degree ritual impurity status, since he cannot lean all his weight on it. Rava said: The artificial foot is even subject to ritual impurity imparted by treading. Rava said: From where do I derive to say this halakha? As we learned in a mishna: The wagon of a small child utilized to teach him to walk (Tosafot) is subject to ritual impurity imparted by treading, since its purpose is to lean on it. And Abaye said: The two cases are not comparable. There, in the case of the wagon, he leans all his weight on it; here, in the case of the wooden leg, he does not lean all his weight on it. Abaye said: From where do I derive to say this halakha? As it was taught in a baraita: A walking stick, typically used by the elderly, is pure, i.e., incapable of becoming ritually impure from any form of ritual impurity. Apparently, an object upon which one does not lean all his weight is not subject to ritual impurity imparted by treading. And how does Rava respond to this proof? He says that there is a distinction between the cases: There, in the case of a walking stick used by the elderly, it is made merely to align his steps and straighten his posture. He does not completely lean all his weight on it. Here, in the case of a wooden leg, it is made to lean on, and in fact he leans all his weight on it. It was taught in the mishna that the supports of a zav and his chair are subject to ritual impurity imparted by treading, and one may not go out with them on Shabbat, and one may not enter into the Temple courtyard with them. The tanna, who recited mishnayot before Rabbi Yoḥanan, taught the opposite halakha in the mishna: One may enter into the Temple courtyard with them. Rabbi Yoḥanan said to him: I teach that a woman may perform ḥalitza with this support, as it has the legal status of a shoe in every sense, and you say that one may enter the Temple courtyard? Teach the mishna in the following manner: One may not enter into the Temple courtyard with them. We learned in the mishna that loketamin are pure. The Gemara asks: What are loketamin? Rabbi Abbahu said: They are wooden toys in the shape of a donkey one carried on the shoulders, creating the impression that the donkey is riding him. Rava bar Pappa said: They are stilts used to avoid getting dirty when walking in mud or for amusement. Rava bar Rav Huna said: They are masks [peramei]. MISHNA: Young boys may go out on Shabbat with knots as a folk remedy and princes with bells. And any person is permitted to go out on Shabbat with those objects; however, the Sages spoke in the present, addressing situations that were prevalent. GEMARA: We learned in the mishna that young boys may go out on Shabbat with knots. The Gemara asks: What are these knots? Adda Mari said that Rav Naḥman bar Barukh said that Rav Ashi bar Avin said that Rav Yehuda said: They are garlands of the madder plant that are tied for their medicinal qualities. Abaye said: Mother, actually his foster mother, said to me about the healing properties of madder: Three garlands maintain the illness at its present state and prevent it from worsening, five garlands heal the illness, and seven are effective even against sorcery. Rav Aḥa bar Ya’akov said: And that benefit provided by the madder plant is specifically in a case where one on whom the knots were tied does not look at the sun and the moon, and does not see rain, and hears neither the sound of clanging iron, nor the sound of the hen, nor the sound of footsteps. Rav Naḥman bar Yitzḥak said: If that is the case, the remedial powers of the madder fell in a pit, i.e., if so many conditions exist, for all intents and purposes it provides no benefit at all. The Gemara asks: If these knots in the madder plant have remedial qualities, why specifically were boys mentioned in the mishna? Even girls can benefit from the cure as well. By the same token, why specifically were young boys mentioned in the mishna? Even adults can benefit from the cure as well. Rather, what are these knots? Like that which Avin bar Huna said that Rav Ḥama bar Gurya said: A son who has longings for his father and has a difficult time leaving him, the father takes a strap from the right shoe and ties it on the boy’s left arm as a talisman to help the child overcome his longings. These feelings are more common in small children and especially in boys for their fathers, as fathers were more involved in raising their sons than they were in raising their daughters. Therefore, the Sages allowed specifically young boys to go out with these knots. With regard to this practice, Rav Naḥman bar Yitzḥak said: And your mnemonic for where to tie the strap is phylacteries, which are tied by the right hand on the left arm. And the opposite, tying the strap from the left shoe onto his right arm, is dangerous because it will exacerbate his longings. On the topic of the use of various forms of healing and medicinal practices and their permissibility on Shabbat, the Gemara cites additional statements by that Sage on these topics. Avin bar Huna said that Rav Ḥama bar Gurya said: With regard to overturning an empty cup in which there had been hot water and placing it on one’s navel for healing purposes on Shabbat, he may well do so. And Avin bar Huna said that Rav Ḥama bar Gurya said: It is permissible to smear oil and salt on oneself on Shabbat. As in this case of Rav Huna, who departed from the house of Rav, and Rav, who departed from the house of Rabbi Ḥiyya, and Rabbi Ḥiyya, who departed from the house of Rabbi Yehuda HaNasi, when they were drunk, the rabbi would bring oil and salt and rub them on the palms of their hands and the soles of their feet and say: Just as this oil is clear, so let the wine of so-and-so, son of so-and-so, his mother, become clear. In other words, let them become sober. And if he could not bring oil and salt, or if they did not work, he would bring the sealing clay of a barrel and soak it in water and say: Just as this sealing clay is clear, so let the wine of so-and-so, son of so-and-so, become clear. And Avin bar Huna said that Rav Ḥama bar Gurya said: It is permitted to strangle, i.e., tightly bandage the neck of one whose vertebra was dislocated in order to reset it, on Shabbat. And Avin bar Huna said that Rav Ḥama bar Gurya said: With regard to tightly swaddling a baby born on Shabbat in order to align any limbs that may have been dislocated in birth, one may well do so. There were different versions with regard to the halakhot of Avin bar Huna. Rav Pappa taught two halakhot with regard to children in his name and Rav Zevid taught one halakha with regard to a child in his name. The Gemara explains: Rav Pappa taught two halakhot with regard to children, and he taught both of them in the name of Avin bar Huna, i.e., the halakha with regard to knots and the halakha with regard to swaddling. Rav Zevid taught one halakha with regard to a child. The first, with regard to knots, he taught in the name of Avin bar Huna. And this, with regard to swaddling, he taught in the name of Rabba bar bar Ḥana, as Rabba bar bar Ḥana said: With regard to tightly swaddling a baby on Shabbat, one may well do so. The Gemara cites additional statements said by Abaye in the name of the woman who raised him with regard to remedies. Abaye said, Mother said to me: All incantations that are repeated are intoned using the name of the mother of the one requiring the incantation, and all knots tied for the purpose of healing are tied on the left. And Abaye said, Mother said to me: All incantations for which the number of times they must be intoned is specified, one recites them as they are specified; and those for which the number of times they must be intoned is not specified, one recites them forty-one times. The Sages taught in a baraita: One may go out with a preservation stone, which prevent miscarriages, on Shabbat. They said in the name of Rabbi Meir that one may go out even with the counterweight of a preservation stone; i.e., a stone or another object that was weighed against and found equivalent to the weight of the preservation stone, which is also effective. And this leniency applies not only to a woman who miscarried in the past and is concerned that she may miscarry again; rather, it applies even to a woman who never miscarried and is concerned lest she miscarry for the first time. And it applies not only to a woman who is aware that she is pregnant; rather, it applies even if a woman suspects that she may become pregnant and miscarry. Rav Yeimar bar Shelamya said in the name of Abaye: And this applies only when he happened upon an object that was found equal to the preservation stone when he weighed it against that stone, not when one alters the object to equal the weight of the preservation stone. Abaye raised a dilemma: With regard to a counterweight to the counterweight, i.e., one who finds an object and determines its weight by weighing it against the counterweight of the preservation stone, what is its legal status? May a woman go out into the public domain with it? The Gemara concludes: Let this dilemma stand unresolved. And Abaye said, Mother said to me: To heal a fever of one day, let one take a pale, i.e., newly minted, dinar and go to the salt pools, and weigh its weight in salt against it, and let him bind the salt to the opening of the neckline of his garment with a thread made of hair. And if this remedy is not effective, let him sit at a crossroads, and when he sees a large ant carrying something, he should take the ant and place it in a copper tube, and close it with lead, and seal it with sixty seals, and shake it, and lift it, and say to it: Your burden is upon me and my burden, my fever, is upon you. Rav Aḥa, son of Rav Huna, said to Rav Ashi: And perhaps a different person already found this ant and used this remedy to end his illness. In that case, by accepting the burden of the ant, he is bringing another’s illness upon himself. Rather, let him say to the ant: My burden and your burden are upon you. And if that remedy is not effective, let him take a new jug, and go to the river, and say to it: River, river, lend me a jug of water for a guest who happened to come to me. And let him turn it around his head seven times, and pour out the water behind him, and say to it: River, river, take back the water that you gave me because the guest who happened to come to me came on its day and left on its day. Rav Huna said: For tertian fever, which afflicts one every three days, let one bring seven thorns from seven palm trees, and seven slivers from seven beams, and seven pegs from seven bridges, and seven types of ashes from seven ovens, and seven types of dust from seven door sockets, the hole in which the hinge of the door revolves, and seven types of tar from seven boats, and seven cumin seeds, and seven hairs from the beard of an old dog, and let him bind it to the opening of the neckline of his garment with a thread made of hair. Rabbi Yoḥanan said: For healing a burning fever, let one take a knife that is made entirely of iron, including the handle, and let him go to a place where there is a bush and tie a string of hair to it. On the first day, let him carve the bush a little, and recite: “And an angel of the Lord appeared to him in a flame of fire from within the bush and he looked and behold the bush was aflame in fire and the bush was not consumed” (Exodus 3:2). On the following day, let him carve the bush a little more and recite: “And Moses said: I will turn aside now, and see this great sight, why the bush is not burned” (Exodus 3:3). On the following day, let him carve the bush a little more and recite: “And the Lord saw that he turned aside to see and God called to him within the bush and said: Moses, Moses, and he said: Here I am” (Exodus 3:4). Rav Aḥa, son of Rava, said to Rav Ashi: And let him say: “And the Lord said: Do not come close, take off your shoes from your feet, for the place on which you stand is holy ground” (Exodus 3:5). This verse is more suited to be recited as an incantation to cure a fever. Rather, on the first day, let him recite the first two verses: “And an angel of the Lord appeared to him in a flame of fire from within the bush and he looked and behold the bush was aflame in fire and the bush was not consumed,” as well as, “And Moses said: I will turn aside now and see.” And on the following day, let him recite: “And the Lord saw that he turned aside to see.” And on the following day, let him recite: “And the Lord said: Do not come close, take off your shoes from your feet, for the place on which you stand is holy ground” (Exodus 3:5). And when he carves the bush, let him lower himself and cut it close to the ground, and recite as follows: The bush, the bush; not because you are higher than all trees did the Holy One, Blessed be He, rest His Divine Presence upon you. Rather, it is because you are lower than all trees did the Holy One, Blessed be He, rested His Divine Presence upon you. And just as the fire saw Hananiah, Mishael, and Azariah and fled from before them, so too, let the fire of the fever see so-and-so, son of so-and-so, his mother, flee from before him. For healing boils, let him recite as follows: Baz, Bazya, Mas, Masya, Kas, Kasya, Sharlai, and Amarlai, these are the angels who were sent from the land of Sodom and this was all in order to heal painful boils. Bazakh, Bazikh, Bazbazikh, Masmasikh, Kamon, Kamikh, may your appearance remain with you, may your appearance remain with you, i.e., the boils should not grow redder. May your place remain with you, i.e., they should not spread, may your, the boils’, seed be like one who is barren and like a mule that is not fruitful and does not multiply, so too, do not increase and do not multiply in the body of so-and-so, son of so-and-so. For healing a wound, let him recite as follows: A drawn sword and a readied sling, its name shall not be ache, sickness, and pains. To be saved from a demon, let him recite as follows: You were stopped up, stopped up you were. Cursed, broken, and excommunicated be the demon called bar Tit bar Tamei bar Tina as Shamgaz, Merigaz, and Istemai. To be saved from the demon of the bathroom, let him recite as follows: On the head of a lion and on the nose of a lioness we found the demon named bar Shirika Panda. With a bed of leeks I felled him, and with the jaw of the donkey I struck him. We learned in the mishna that princes may go out with bells, and the same is true for anyone else. The Gemara asks: Who is the tanna who holds that all people of Israel are permitted to conduct themselves like princes with regard to going out with precious ornaments? Rabbi Oshaya said: It is Rabbi Shimon, who said: All of Israel are princes. Therefore, precious ornaments are suitable for every person of Israel. They will neither remove them to show to others nor will they remove them due to concern that people will think them pretentious. Rava said: The mishna is referring to a case where the bell is woven into his garment, obviating the concern lest he remove it, and the halakha in the mishna is in accordance with the statements of all tanna’im, not merely the statement of Rabbi Shimon. MISHNA: One may go out on Shabbat with a locust egg, and with a fox tooth, and with a nail from the crucified, for the purpose of healing; this is the statement of Rabbi Meir. The Rabbis prohibit using these remedies even during the week, due to the prohibition of following the ways of the Amorite. These are superstitious beliefs and the customs of gentiles from which one must distance oneself. GEMARA: We learned in the mishna that in Rabbi Meir’s opinion one may go out on Shabbat with a locust egg, and a fox tooth, and with a nail from the crucified as a talisman or a cure. The Gemara explains the nature of each: One may go out with a locust egg, as they use it as a talisman to cure an earache; and with a fox tooth, as they use it as a talisman for sleep; the tooth of a live fox for one who sleeps too much to wake him up, and the tooth of a dead fox for one who does not sleep. And one may go out with a nail from the crucified, as they use it as a talisman for curing infection. We learned in the mishna that going out with those objects is permitted on Shabbat for the purpose of healing; this is the statement of Rabbi Meir. With regard to the halakha in the mishna, the Gemara cites Abaye and Rava, who both said: Anything that contains an element of healing and seems to be effective does not contain an element of the prohibition against following the ways of the Amorite. There is no cause for suspicion of one who engages in their practice, gentile or Jew. The Gemara asks: Is that to say by inference that if it is does not contain an element of healing, it does contain an element of the prohibition against following the ways of the Amorite? Wasn’t it taught in a baraita: A tree that sheds its fruit prematurely, one paints it and colors it with red paint and loads it with stones? Granted, he is permitted to load it with stones because that action produces an actual benefit, i.e., he does that so that its strength will weaken. Sometimes a tree sheds its fruits prematurely due to excessive blossoming. Sustaining those blossoms taxes the tree, rendering it incapable of sustaining the fruits that grow from the blossoms. The stones were used to slightly weaken the tree when blossoming, thereby reducing the number of blossoms that the tree must nourish. However, painting it with red paint, what healing is he performing with that action? The Gemara explains: He does so so that people will see the tree and pray for mercy for it. As it was taught in a baraita with regard to the verse: “And the leper in whom the plague is, his clothes shall be ripped and the hair of his head shall grow long and he will put a covering upon his upper lip and will cry: Impure, impure” (Leviticus 13:45). The leper publicizes the fact that he is ritually impure because he must announce his pain to the masses, and the masses will pray for mercy on his behalf. Ravina said: In accordance with whose opinion do we hang bunches of unripe dates on a palm tree that casts off its dates? According to that tanna who taught that one must publicize his pain to the masses. The tanna recited the chapter of the Tosefta discussing the actions of the Amorites before Rabbi Ḥiyya bar Avin. Rabbi Ḥiyya bar Avin said to him: All those enumerated there contain an element of the prohibition against following the ways of the Amorite, except for these: One who has a bone in his throat brings a bone from the same species as the bone that is stuck in his throat, and places it on his skull, and says as follows: One by one descend and be swallowed, swallow and descend one by one. That does not contain an element of the prohibition against following the ways of the Amorite. For a fish bone stuck in the throat, let him say as follows: You are stuck like a needle, locked as a shutter, go down, go down. After some discussion of the ways of the Amorite, the Gemara cites additional statements from the Amorite chapter in the Tosefta and from other sources on this topic. One who says: My fortune be fortunate [gad gaddi] and be not weary by day or by night; that statement contains an element of the ways of the Amorite. Rabbi Yehuda says: That is more severe than the ways of the Amorite, as gad is nothing other than a term of idolatry, as it is stated: “And you that forsake the Lord, that forget My holy mountain, that prepare a table for Gad, and that offer mingled wine in full measure unto Meni” (Isaiah 65:11). Gad gaddi is a form of prayer to an idol. One who requests that he be called by his wife’s name and she be called by his name for good fortune, his request contains an element of the ways of the Amorite. One who says: Let my barrels be strengthened [donu danei], that contains an element of the ways of the Amorite. Rabbi Yehuda says: That is more severe than the ways of the Amorite, as Dan is nothing other than a term of idol worship, as it is stated: “They that swear by the sin of Samaria and say: As your god Dan lives” (Amos 8:14). One who hears a raven calling and is concerned about a bad omen and says to the raven: Scream, and says to the female raven: Whistle and turn your tail to me for the best; those statements contain an element of the ways of the Amorite. One who says: Slaughter this rooster that calls out in the evening and says: Slaughter this chicken that calls out like a male rooster; those statements contain an element of the ways of the Amorite. One who says: I will drink and leave over, I will drink and leave over, so that his wine will increase; that statement contains an element of the ways of the Amorite. One who cracks eggs on a wall and smears them in front of the chicks; that series of actions contains an element of the ways of the Amorite. And one who stirs the pot in front of chicks as an auspicious practice so they do not die; that action contains an element of the ways of the Amorite. A woman who dances and counts the chicks until she reaches the number of seventy-one chicks, so they won’t die; her action contains an element of the ways of the Amorite. A woman who dances to ensure that the kutaḥ, a spice made from whey salt and bread, that she is preparing will be successful, and a woman who silences bystanders to ensure that the lentils will cook properly, and a woman who screams to ensure that the pearl barley will cook properly; all these contain an element of the ways of the Amorite. A woman who urinates in front of her pot so it will cook quickly; that action contains an element of the ways of the Amorite. But one may put a chip of mulberry wood and shards of glass in the pot so it will cook quickly, as doing so is effective and not merely superstition. And the Rabbis prohibit shards of glass not due to superstition; rather, due to the danger involved if the glass is not strained out completely. The Sages taught in the Tosefta: One may place a lump of salt into a candle so it will burn brightly; that is effective and not merely for good fortune, so there is no element of the ways of the Amorites involved. And similarly, one may put mud or clay under a candle so it will burn longer. Rav Zutra said: He who covers an oil lamp or who uncovers a kerosene lamp for no purpose violates the prohibition: Do not destroy, since by doing so the fuel burns more quickly. One who says while drinking: Wine and life to the mouth of the Sages, this does not fall into the category of the ways of the Amorite. There was an incident with Rabbi Akiva who made a banquet for his son, and over each and every cup he brought he said: Wine and life to the mouth of the Sages, wine and life to the mouth of the Sages and to the mouth of their students. MISHNA: The Sages stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who is entirely ignorant of the mitzva of Shabbat according to Torah law, and performed numerous prohibited labors on multiple Shabbatot, is liable to bring only one sin-offering for all those labors when he becomes aware that those actions were prohibited. One who knows the essence of Shabbat but forgets which day is Shabbat, i.e., one who lost track of the days of the week, and performs numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each Shabbat when he becomes aware that he performed those actions on Shabbat. One who is aware that the day is Shabbat but temporarily forgot that certain labors were prohibited and performed numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each and every primary category of labor that he performed. One who performs numerous prohibited labors subsumed under a single category of labor is liable to bring only one sin-offering. GEMARA: The Gemara attempts to clarify the language of the mishna and asks: Why did the mishna teach the phrase: A significant principle? If you say it is because of the following reason, it is problematic.
Here, because the tanna wants to teach in a mishna later in the chapter with regard to a matter that includes two halakhot employing the term: Furthermore, they stated another principle; therefore, in this mishna, which relates to a greater number of halakhot, he taught employing the term: A significant principle.
And with regard to the Sabbatical Year as well, because in a later mishna (Shevi’it 7:2) the tanna wants to teach: Furthermore, another principle, at the beginning of the chapter he taught employing the phrase: A significant principle. There too, the choice of language is understood.
However, with regard to the halakhot of tithes, where the mishna (Ma’asrot 1:1) states two principles one after the other, the tanna taught later in the same mishna: And furthermore, they stated another principle, and even so, at the beginning of the mishna the tanna did not teach: A significant principle, opting instead to say simply: They stated a principle. Rabbi Yosei bar Avin said that the term: A significant principle, is not dependent on the existence of another principle; rather, it is dependent on the significance of the principle. Therefore, with regard to the halakhot of Shabbat and the Sabbatical Year, which include primary categories and subcategories, the tanna taught in the mishna: A significant principle. With regard to the halakhot of tithes, which do not include primary categories and subcategories and all its halakhot are on equal footing, he did not teach employing the term: A significant principle. The Gemara asks: And according to the variant reading of the mishna taught by bar Kappara, who taught the phrase: A significant principle, with regard to tithes, what primary categories and subcategories are there with regard to tithes? Rather, isn’t this the reason the Mishna employs the term: A significant principle; because it is significant relative to other principles? The scope of the materials whose use warrants punishment for desecrating Shabbat is greater than the scope of the materials whose use warrants punishment for desecrating the Sabbatical Year. As the halakhot of Shabbat are in effect both with regard to plants that are detached from the ground and with regard to those that are attached, while the halakhot of the Sabbatical Year with regard to detached plants, they are not in effect, but with regard to attached plants they are in effect. And the scope of the materials whose use warrants punishment for desecration of the Sabbatical Year are greater than the scope of the materials whose use warrants punishment for violating the halakhot of tithes. As, by Torah law, the halakhot of the Sabbatical Year are in effect both with regard to human food and with regard to animal food, while the halakhot of tithes are in effect with regard to human food, but with regard to animal food they are not in effect. And according to the opinion of bar Kappara, who taught the phrase: A significant principle, with regard to tithes as well: The scope of the materials for which one warrants punishment for violating the halakhot of tithes is greater than the scope of the materials for which one warrants punishment for violating the halakhot of pe’a. As, by rabbinic law, the obligation of tithes is in effect with regard to both figs and vegetables, while the obligation of pe’a is not in effect with regard to figs and vegetables. As we learned in a mishna in tractate Pe’a: They stated a principle with regard to pe’a: Anything that is food, and is protected, and grows from the ground, and is gathered as one, and one brings it in to storage to preserve is obligated in pe’a. The Gemara explains that which is excluded by each criterion in the mishna. Food, to exclude the aftergrowths of woad [satis] and madder. As these plants are used for dyeing and not for food, the obligation of pe’a does not apply to them. And protected, to exclude ownerless crops, which by definition are not protected. And grows from the ground, to exclude truffles and mushrooms, which, unlike other plants, do not draw sustenance from the ground. And is gathered as one, to exclude the fig tree whose fruit is gathered throughout an extended period, as the figs do not all ripen together. And one brings it in to storage to preserve; to exclude vegetables, which cannot be stored for lengthy periods. While, with regard to tithes, we learned in a mishna: They stated a principle with regard to tithes: Anything that is food, and is protected, and grows from the ground is obligated in tithes; we did not learn with regard to tithes, the following criteria: Gathered as one, and which one brings in to storage to preserve. Apparently, figs and vegetables are obligated in tithes, making the scope of the materials obligated in tithes greater than the scope of those obligated in pe’a. The mishna discusses an individual who forgets the very essence of Shabbat. The Gemara seeks to understand how a Jew could forget the very existence of Shabbat. It was Rav and Shmuel who both said: Our mishna is referring to both a child who was taken captive among the gentiles and never educated and a convert who converted among the gentiles and never learned the halakhot of Shabbat. However, one who once knew of the essence of Shabbat and ultimately forgot is liable for each and every Shabbat, as we learned in the mishna with regard to one who knows the essence of Shabbat. The Gemara seeks to clarify this approach. We learned in our mishna: One who forgets the essence of Shabbat. Doesn’t this phrase indicate by inference that he was aware of Shabbat originally? In order to forget one must have previously been aware. This poses a difficulty to the opinion of Rav and Shmuel. The Gemara refutes this: No, what is the meaning of: One who forgets the essence of Shabbat? That the essence of Shabbat was always forgotten from him, i.e., he never knew it. The Gemara further asks: However, based on that understanding, in the case of one who knew the essence of Shabbat and ultimately forgot, what is the halakha? Is he liable for each and every Shabbat? If so, instead of the mishna teaching the next halakha: One who knows the essence of Shabbat and performs many labors on multiple Shabbatot is liable to bring a sin-offering for each and every Shabbat, let it teach: One who knew the essence of Shabbat and ultimately forgot and, all the more so, one who knows the essence of Shabbat would be liable for each Shabbat. The Gemara answers: According to the opinion of Rav and Shmuel, what is the meaning of the phrase: One who knows the essence of Shabbat? One who once knew the essence of Shabbat and has now forgotten it. The Gemara raises another difficulty: But if he did not forget the essence of Shabbat, and he knows that today is Shabbat, what would the halakha be? Certainly he would be liable for each and every prohibited labor. If so, instead of teaching the halakha: One who knows that it is Shabbat and performs many labors on multiple Shabbatot is liable for each and every labor, let the mishna teach the halakha: One who knows the essence of Shabbat is liable for each and every labor that he performs and all the more so that one who is aware that today is Shabbat would be liable for each labor. Rather, when our mishna refers to forgetting, it is referring to a case where he knew and ultimately forgot. And the case described by Rav and Shmuel also has the same legal status as one who knew and ultimately forgot. And it was stated as follows: It was Rav and Shmuel who both said: Even a child who was taken captive among the gentiles and a convert who converted among the gentiles have the same legal status as one who knew and ultimately forgot, and they are liable to bring a sin-offering for their unwitting transgression, even though they never learned about Shabbat. And it was Rabbi Yoḥanan and Rabbi Shimon ben Lakish who both said: He is liable to bring a sin-offering specifically if he knew of the essence of Shabbat and ultimately forgot. However, a child who was taken captive among the gentiles and a convert who converted among the gentiles are exempt from bringing a sin-offering. They have the legal status of one who performed the prohibited labor due to circumstances beyond his control. The Gemara raises an objection from that which was taught in a baraita: They stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who does not know that there is a mitzva of Shabbat in the Torah, and performs many prohibited labors on multiple Shabbatot is liable to bring only one sin-offering. How so? With regard to a child who was taken captive among the gentiles and a convert who converted among the gentiles and does not know the essence of Shabbat; and if he performed many prohibited labors on multiple Shabbatot, he is only liable to bring one sin-offering for all his unwitting transgressions. And he is liable to bring one sin-offering for all the blood he unwittingly ate before he learned of the prohibition; and one sin-offering for all the forbidden fat that he ate; and one for all the idolatry that he worshipped. And Munbaz, one of the Sages, deems him exempt from bringing any sacrifice. And Munbaz deliberated before Rabbi Akiva as follows: Since one who commits a transgression intentionally is called a sinner in the Torah and one who commits a transgression unwittingly is called a sinner, just as one who commits the transgression intentionally is liable for punishment only in a case where he had prior knowledge that it was prohibited, so too, one who commits the transgression unwittingly is liable to bring a sin-offering only in a case where he had prior knowledge. However, the action of one who had no prior knowledge at all is not considered unwitting; rather, it has the same legal status as an action performed due to circumstances beyond one’s control, and he is completely exempt. Rabbi Akiva said to him: I will elaborate upon your statement and follow your reasoning to its logical conclusion and thereby test the validity of your reasoning. If so, just as one who commits the transgression intentionally is liable for punishment only in a case where he had the awareness that he was sinning at the time that he performed the action, so too, with regard to one who commits the transgression unwittingly, say that he is only liable to bring a sin-offering in a case where he had awareness that he was sinning at the time that he performed the action. If that is the case, it is no longer an unwitting transgression. Munbaz said to him: Yes, there is nothing unusual about that. In my opinion it is correct and all the more so now that you have elaborated upon my statement. Awareness at the time that one is performing the action is one of the criteria of my definition of an unwitting transgression, as will be explained below. Rabbi Akiva said to him: According to your statement, since while performing the action one is aware that it is prohibited, his action is not called unwitting; rather, it is a full-fledged intentional transgression. Returning to our issue: In any case, as an example of one who forgot the essence of Shabbat, it was taught: How so? A child who was taken captive. Granted, according to the opinion of Rav and Shmuel it works out well, as they consider the legal status of a child taken captive equal to that of one who unwittingly forgot the essence of Shabbat. However, according to the opinion of Rabbi Yoḥanan and Rabbi Shimon ben Lakish, who consider the legal status of a child taken captive equal to that of one who committed the action due to circumstances beyond his control and is therefore exempt, it is difficult because he is liable to bring a sin-offering according to the opinion of the Rabbis in the baraita. Rabbi Yoḥanan and Rabbi Shimon ben Lakish could have said to you: Isn’t there the opinion of Munbaz who deemed him exempt in that case? We stated our opinion in accordance with the opinion of Munbaz. The Gemara asks: What is the rationale for the opinion of Munbaz? Is it based entirely upon the fact that the Torah refers to sinners, both intentional and unwitting, as sinners? The Gemara explains that the source for the opinion of Munbaz is as it is written: “The native of the children of Israel, and the stranger who lives among them, there shall be one law for you, for one who acts unwittingly” (Numbers 15:29), and adjacent to it is the verse: “And the person who acts with a high hand, whether a native or a stranger, he blasphemes God, and that soul shall be cut off from the midst of his people” (Numbers 15:30). The Torah juxtaposes unwitting transgression to intentional transgression. Just as one who commits the transgression intentionally is only liable in a case where he had prior knowledge, so too, one who commits the transgression unwittingly is only liable in a case where he had prior knowledge. The Gemara asks: And what do the Rabbis do with the juxtaposition derived from that verse: One law? The Gemara answers: They require it for that which Rabbi Yehoshua ben Levi taught his son. It is written: “There shall be one law for you, for one who acts unwittingly.” And it is written: “And if you err, and do not perform all these commandments that God spoke to Moses” (Numbers 15:22). The Sages understood this verse as referring specifically to the laws of idolatry. And it is written: “And the person who acts with a high hand, he blasphemes God and that soul shall be cut off from the midst of his people” (Numbers 15:30), from which we learn that all the mitzvot are derived from this juxtaposition to idolatry. Just as there, with regard to idolatry, the reference is to a matter which, for its intentional violation, one is liable to be punished with karet, as it is stated: “And that soul shall be cut off,” and for its unwitting violation one is liable to bring a sin-offering; so too, any matter that for its intentional violation one is liable to be punished with karet, for its unwitting violation one is liable to bring a sin-offering. The Gemara asks: However, according to Munbaz, who holds that included in the category of an unwitting sinner is one who at the time of action was aware that it was prohibited; if he were fully aware, in what sense was his action unwitting? The Gemara answers: It is referring to a case where he was unwitting with regard to the sacrifice. He was aware that he was committing a transgression for which one is liable to be punished with karet when performed intentionally; however, he was unaware that he would be liable to bring a sin-offering if he performed the transgression unwittingly. Since he was not aware of all punishments and forms of atonement associated with that transgression, he is considered an unwitting sinner and is liable to bring a sin-offering. The Gemara asks: And what do the Rabbis who disagree with Munbaz hold? They hold: Unwitting with regard to a sacrifice is not considered unwitting. The Gemara asks: And in the opinion of the Rabbis, lack of awareness with regard to what aspects of the prohibition renders the action unwitting? Rabbi Yoḥanan said: It is an unwitting transgression since he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition, and he performed the transgression intentionally. And Reish Lakish said that according to the Rabbis it is not considered unwitting until he was unwitting with regard to both the prohibition and karet, i.e., he was unaware that his action was prohibited by Torah law. Rava said: What is the reason for the opinion of Rabbi Shimon ben Lakish? The verse said: “And if one soul shall sin by mistake from the common people, by performing one of God’s commandments that may not be done, and he becomes guilty” (Leviticus 4:27), indicating that it is not considered unwitting until he was unwitting with regard to the prohibition and its concomitant karet. The verse indicates that the individual was unaware that he violated “one of the commandments that may not be done,” i.e., that there is a Torah prohibition with regard to that action. The Gemara asks: And what does Rabbi Yoḥanan do with that verse cited as proof by Rabbi Shimon ben Lakish? The Gemara answers: He needs it for that which was taught in a baraita: The phrase: “From the common people” (Leviticus 4:27) teaches that only some sinners, not all, bring sacrifices for their unwitting sins. It comes to exclude an apostate. When an apostate sins unwittingly, he is under no obligation to bring a sin-offering even after he repents. Rabbi Shimon ben Elazar says in the name of Rabbi Shimon: This halakha is derived from the phrase in that verse: “That may not be done, and he becomes guilty.” One who repents due to his awareness, i.e., one who repents as soon as he becomes aware that he performed a transgression, brings a sacrifice for his unwitting transgression. However, one who does not repent due to his awareness that he sinned, e.g., an apostate who continues to sin even after he becomes aware that he committed a transgression, does not bring an offering for his unwitting action. Rabbi Yoḥanan understood the verse in accordance with the opinion of Rabbi Shimon ben Elazar. The Gemara cites proof from what we learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? Isn’t merely listing the prohibited labors sufficient? And Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Therefore, the mishna indicated that one could conceivably be liable to bring thirty-nine sin-offerings. Under what circumstances can you find a case where one would be liable for unwittingly violating all thirty-nine labors? It must be in a case where with regard to Shabbat his actions were intentional, as he was aware that it was Shabbat; and with regard to the prohibited labors his actions were unwitting, as he was unaware that these labors are prohibited on Shabbat. Granted, according to Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition, and he performed the transgression intentionally, he is considered to have sinned unwittingly, you find that possibility in a case where he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, according to Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. If so, when Rabbi Yoḥanan said that the case where one would be liable to bring thirty-nine sin-offerings is one where with regard to Shabbat, his actions were intentional as he was aware that it was Shabbat, the question arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva. According to Rabbi Akiva, the prohibition to go beyond a certain distance outside the city limits on Shabbat is by Torah law and not merely a rabbinic decree. The Gemara asks: Who is the tanna who taught this baraita? As the Sages taught: If one acted unwittingly with regard to both this, the fact that it is Shabbat, and that, the specific prohibited labors, that is the case of unwitting transgression stated in the Torah. If one acted intentionally with regard to both this and that, that is the case of intentional transgression stated in the Torah. If one acted unwittingly with regard to Shabbat and intentionally with regard to the labors, i.e., he forgot that it was Shabbat, but he was aware that those labors are prohibited when it is Shabbat; or if one acted unwittingly with regard to the labors and intentionally with regard to Shabbat, i.e., he was unaware that these labors are prohibited, but he was aware that labor is prohibited on Shabbat, or, even if he said: I know that this labor is prohibited on Shabbat; however, I do not know whether or not one is liable to bring a sacrifice for its performance, he is liable to bring a sin-offering like anyone who sins unwittingly. In accordance with whose opinion is this baraita? It is in accordance with the opinion of Munbaz, who holds that one is considered an unwitting sinner even in a case where he was unwitting only with regard to the sacrifice. Abaye said: Everyone agrees with regard to an oath on a statement, a case where one swore to prohibit or to obligate himself to perform an action, that the halakha is as follows: If he violates his oath he is only liable to bring an offering if he was unwitting with regard to its prohibition, i.e., he was unaware that it is prohibited by Torah law to violate an oath. The Gemara asks: To whose opinion is Abaye referring in the phrase: Everyone agrees? Certainly, it is the opinion of Rabbi Yoḥanan with regard to the opinion of the Rabbis in their dispute with Munbaz. Even though Rabbi Yoḥanan generally holds that the fact that one is unwitting with regard to karet is sufficient to render his action unwitting, the case of an oath is different. The Gemara asks: In the case of an oath, it is obvious that he would agree. When Rabbi Yoḥanan says that one need not be unwitting with regard to the prohibition, it is in a case where there is a prohibition punishable by karet; however, here, where there is no punishment of karet, Rabbi Yoḥanan would not say so. Obviously, he agrees that one must be unwitting with regard to the prohibition. There appears to be nothing new in Abaye’s statement. The Gemara explains: It might enter your mind to say the following: Since the obligation to bring an offering in the case of the oath is a novel halakha, as throughout the whole Torah in its entirety we do not find a prohibition for whose unwitting violation one is liable to bring an offering and for whose intentional violation is not punishable by karet; and here, one is liable to bring an offering for its unwitting violation, I might have said that if he was unwitting, i.e., unaware that he would be obligated, with regard to the offering, let him be liable also according to the Rabbis, who disagree with Munbaz. Therefore, Abaye teaches us that this is not so. The Gemara raises an objection from a baraita: What is an unwitting violation of an oath on a statement relating to the past? What is an example of one who unwittingly swore falsely with regard to an incident that occurred in the past? It cannot be a case where he forgot the incident, as in that case he is exempt from bringing an offering. It is a case where if he said: I know that taking this false oath is prohibited, but I do not know whether or not one is liable to bring an offering for swearing falsely, he is liable to bring an offering for an unwitting transgression. Apparently, with regard to an oath on a statement, unwitting with regard to the sacrifice renders the action unwitting. The Gemara rejects this: In accordance with whose opinion is this mishna? It is the opinion of Munbaz. In his opinion, one who commits a transgression while unaware whether or not one is liable to bring an offering if he performs that transgression unwittingly is considered to have performed the transgression unwittingly. There is another version of the discussion of Abaye’s statement where, after quoting the halakha with regard to an oath on a statement, the question was raised: In accordance with whose opinion is this mishna? If you say it is in accordance with the opinion of Munbaz, that is obvious: Now, if throughout the entire Torah where there is no novelty in the obligation to bring an offering, he said that unwitting with regard to an offering is considered unwitting; here, where there is a novelty and the offering in the case of an oath on a statement is more significant than other sin-offerings, certainly unwitting with regard to the offering should be considered unwitting. Rather, is it not the opinion of the Rabbis, and this is a conclusive refutation of the opinion of Abaye? The Gemara concludes: Indeed, it is a conclusive refutation. And Abaye said: Everyone agrees with regard to teruma that one is only liable to add a payment of one-fifth the value of the teruma for eating it unwittingly if he is unwitting with regard to its prohibition. The Gemara asks: To whose opinion is Abaye referring in the phrase: Everyone agrees? Certainly, it is the opinion of Rabbi Yoḥanan. Even though, in general, he holds that unwitting with regard to karet is sufficient to render the action unwitting, the case of teruma is different. The Gemara asks: In the case of teruma, it is obvious that he would agree. When Rabbi Yoḥanan says that one need not be unwitting with regard to the prohibition, it is in a case where there is a prohibition punishable by karet; however, here, where there is no punishment of karet, Rabbi Yoḥanan would not say so. The Gemara answers that nonetheless Abaye introduced a novel element: Lest you say that since one who intentionally eats teruma is subject to death at the hand of Heaven, perhaps death stands in place of karet. And where he was unwitting with regard to the punishment of death for this sin, he should also be liable to pay the added fifth as one who performed the transgression unwittingly because his case is analogous to one who is considered unwitting due to lack of awareness of karet. Therefore, Abaye teaches us that it is not so. Rava said: Indeed, death stands in place of karet and the added one-fifth stands in place of a sacrifice. One who is unwitting with regard to death at the hand of Heaven and the added fifth has the same legal status as one who is unwitting with regard to karet and an offering. Rav Huna said: One who was walking along the way or in the desert, and he does not know when Shabbat occurs, he counts six days from the day that he realized that he lost track of Shabbat and then observes one day as Shabbat. Ḥiyya bar Rav says: He first observes one day as Shabbat and then he counts six weekdays. The Gemara explains: With regard to what do they disagree? One Sage, Rav Huna, held: It is like the creation of the world, weekdays followed by Shabbat. And one Sage, Ḥiyya bar Rav, held: It is like Adam, the first man, who was created on the sixth day. He observed Shabbat followed by the six days of the week. The Gemara raises an objection to the opinion of Ḥiyya bar Rav from a baraita: If a person was walking along the way and does not know when Shabbat occurs, he observes one day for every six. What, does this not mean that he counts six and then observes one day in accordance with the opinion of Rav Huna? The Gemara rejects this: No, it could also mean that he observes one day and then counts six. The Gemara asks: If so, if that is what the baraita meant, why employ the phrase: He observes one day for six? It should have stated: He observes one day and counts six. And furthermore, it was taught in a baraita: If one was walking along the way or was in the desert, and he does not know when Shabbat occurs, he counts six days and observes one day. That is a conclusive refutation of the opinion of Rabbi Ḥiyya bar Rav. The Gemara concludes: Indeed, it is a conclusive refutation of the opinion of Ḥiyya bar Rav. Rava said: The person who lost track of Shabbat and treats one day a week as Shabbat, each day he makes enough food to sustain himself, except for that day which he designated as Shabbat. The Gemara asks: And on that day let him die? Rather, it means that the day before he makes twice the amount of food that he prepared on the other days to sustain him for that day and the following day. The Gemara asks: And perhaps the day before was actually Shabbat? In that case, not only did he perform labor on Shabbat, but he also performed labor on Shabbat in preparation for a weekday. Rather, on each and every day he makes enough food to sustain himself for that day, including on that day that he designated as Shabbat. And if you ask: And how is that day which he designated as Shabbat distinguishable from the rest? It is distinguishable by means of the kiddush and the havdala that he recites on that day. Rava said: If he had partial knowledge of the day on which he left, i.e., he does not recall what day of the week it was but he does recall the number of days that passed since he left, every week he can perform labor throughout the day of his departure, since he certainly did not leave his house on Shabbat. The Gemara asks: That is obvious, and what novel element was introduced here? The Gemara answers: Lest you say, since he did not leave on Shabbat, he also did not leave on Friday, and this person, even if he left on Thursday, should be permitted to perform labor for two days, the eighth day and the ninth day from his departure, the same day of the week that he left and the following day. Therefore, Rava teaches us that at times one finds a convoy and happens to leave on a journey even on Friday. Therefore, he is not permitted to perform labor on the day of the week following the day of his departure. We learned in the mishna that there is a difference in halakha between one who knows the essence of Shabbat and one who does not know it. The Gemara asks: From where in the Torah are these matters derived? Rav Naḥman said that Rabba bar Avuh said: Two verses are written. One states: “And the children of Israel observed the Shabbat, to perform the Shabbat through their generations, an everlasting covenant” (Exodus 31:16). And it is written: “And you shall observe My Shabbatot and you shall revere My Sanctuary, I am God” (Leviticus 26:2). How is it that Shabbat is in the singular in one verse, while in the other it is in the plural [Shabbatot]? It should be understood as follows: “And the children of Israel observed the Shabbat”: One observance for multiple Shabbatot. If one commits several transgressions, in certain cases he is only liable to bring one sacrifice. “And you shall observe My Shabbatot”: One observance for each and every Shabbat. In certain cases, one is liable to bring a sin-offering for each time that he unwittingly desecrated Shabbat. Rav Naḥman bar Yitzḥak strongly objects: On the contrary, the opposite is reasonable. “And the children of Israel observed the Shabbat”: One observance for each and every Shabbat. “And you shall observe My Shabbatot”: One observance for multiple Shabbatot. In any case, Rav Naḥman bar Yitzḥak also holds that the halakha of our mishna is derived from comparing and contrasting these two verses. We learned in the mishna that there is a difference between one who is aware that the day is Shabbat and performs labor and one who forgets the essence of Shabbat and performs prohibited labors. The Gemara asks: What is different about the former clause, which states that he in only liable to bring one sin-offering for each Shabbat, and the latter clause, which states that he is liable for each and every primary category of labor that he performed? Rav Safra said: Here, where he is unaware that the day was Shabbat, when he realizes that he sinned, it is due to awareness of Shabbat that he desists. When he is told that it was Shabbat, he stops immediately. And here, where he is unaware that the labors are prohibited, it is due to awareness of the labors that he desists. When he is told that this labor is prohibited, he stops immediately. Rav Naḥman said to Rav Safra: Does he desist due to Shabbat for any reason other than because he knows that the labors are prohibited? If he did not know that the labor is prohibited, telling him that it is Shabbat would not cause him to desist. And similarly, does he desist from performing the labors when told that it is prohibited for any reason other than because he knows that it is Shabbat? If he did not know that it was Shabbat, there would be no reason for him to desist from labor. Ostensibly, attributing the distinction between the two parts of the mishna to what eventually became known to him in the different cases is incorrect. Rather, Rav Naḥman said: The offering that the Torah obligated him to bring; for what is he so obligated? It is for performing an unwitting transgression. There, where he was unaware that the day was Shabbat, he was unwitting with regard to one matter; here, where he was unaware of the prohibited labors, he was unwitting with regard to multiple matters, and he is liable to bring sin-offerings in accordance with the number of matters of which he was unaware. We learned in the mishna that one is liable to bring a sin-offering for each prohibited labor that he performs on Shabbat. The Gemara asks: From where do we derive the division of labors? What is the source of the halakha that if one performs numerous prohibited labors on Shabbat in the course of one lapse of awareness, each prohibited labor is considered a separate offense with regard to punishment? Shmuel said that the verse says: “And you shall observe the Shabbat, for it is holy to you; he who desecrates it shall surely die [mot yumat]” (Exodus 31:14). We learn from the double language, mot yumat, that the Torah amplified multiple deaths for a single desecration. Although several violations were committed in the course of a single lapse of awareness, each is considered a separate offense with regard to punishment. The Gemara asks: That verse was written with regard to intentional transgression. The Gemara is seeking a source for multiple sacrifices brought for unwitting transgression. The Gemara answers: If it does not refer to the matter of intentional transgression, as the verse does not teach a halakha applicable to intentional acts, as it was already written: “Six days you shall perform work, and on the seventh day it shall be holy to you, a Shabbat of rest to God; all who desecrate it shall die” (Exodus 35:2), refer it to the matter of unwitting transgression. The verse teaches that that which was written with regard to the death penalty for desecration of Shabbat in general applies to all halakhot of Shabbat, including cases of unwitting transgression. And what, then, is the meaning of the term: Shall die, in the verse? Does it mean that one who commits an unwitting transgression is punishable by death? It means that he shall die by payment of money. Death is used in the sense of punishment; he will be forced to pay for numerous sacrifices to atone for his sins. The Gemara asks: And let him derive division of labors from where it was derived according to Rabbi Natan, as it was taught in a baraita that Rabbi Natan says that it is written: “You shall not kindle fire in all your dwellings on the day of Shabbat” (Exodus 35:3). Why does the verse state this halakha? The prohibition against kindling is included in the general prohibition against performing labor on Shabbat. Rather, it should be understood as follows. Since it is already stated: “And Moses gathered the entire assembly of the children of Israel and said to them: These are the things [eleh hadevarim] that God has commanded to perform them. Six days you shall perform work, and on the seventh day it shall be holy to you, a Shabbat of rest to God” (Exodus 35:1–2), and Rabbi Natan derives as follows: “These are the things,” which refers to the halakhot of Shabbat, there are emphases in this phrase that are superfluous in the context of the verse. The Torah could have simply stated: This is a thing [davar]. When it states: Things [devarim] in the plural, it teaches at least two points. The addition of the definite article: The things [hadevarim], adds at least a third point. The numerological value of letters of the word eleh: Alef, one; lamed, thirty; and heh, five, is thirty-six. The total numerical value, three plus thirty-six, derived from the phrase: “These are the things.” This alludes to the thirty-nine prohibited labors that were stated to Moses at Sinai. I might have thought that if one performed them all in the course of one lapse of awareness, forgetting that they are prohibited, he would be liable to bring only one sin-offering? Therefore, the verse states: “Six days you shall work, and on the seventh you shall rest; in plowing time and in harvest time you shall rest” (Exodus 34:21), indicating that there are prohibitions specific to both plowing and harvesting. And still I can say: For plowing and for the harvesting he is liable to bring two sin-offerings, as they were stated explicitly. However, for performing all the other prohibited labors, he is liable for only one. Therefore, the verse states: “You shall not kindle fire in all your dwellings on the day of Shabbat” (Exodus 35:3). This is derived in the following manner: Kindling was included in the general prohibition prohibiting all labors, and why was it singled out and prohibited explicitly? It was singled out in order to equate the other labors to it and to tell you: Just as kindling is a primary category of prohibited labor, and one is liable for performing it on its own, so too, with regard to every primary category of prohibited labor, one is liable for performing it on its own. Rabbi Natan cited a source proving that there is liability for performance of each prohibited labor of Shabbat on its own. Why doesn’t Shmuel derive that halakha from the same source? The Gemara answers: Shmuel holds in accordance with the opinion of Rabbi Yosei, who disagreed with Rabbi Natan’s interpretation of the verse, as Rabbi Yosei said: The prohibition against kindling on Shabbat was singled out to teach that one who lights a fire on Shabbat merely violates a prohibition. Performing other primary categories of prohibited labor is punishable by stoning or karet. In contrast, one who lights a fire on Shabbat has merely violated a prohibition, as it was taught in a baraita: The prohibition of kindling was singled out as a prohibition; this is the statement of Rabbi Yosei. Rabbi Natan says: Kindling is like any other labor prohibited on Shabbat. It was singled out to divide the various labors and to establish liability for performance of each of them. The Gemara raises an additional challenge to Shmuel’s opinion. If he holds in accordance with the opinion of Rabbi Yosei with regard to the explicit prohibition of kindling, let him derive the division of labors from where Rabbi Yosei derives it. As it was taught in a baraita that Rabbi Yosei says, it is stated: “Speak to the children of Israel, saying: A soul that sins in error, from all the commandments of God that may not be performed, and performs from one of them [me’aḥat me’hena]” (Leviticus 4:2). Rabbi Yosei interprets the verse that at times one is liable to bring one sin-offering for all of his transgressions, and at times one is liable to bring a sin-offering for each and every transgression. And Rabbi Yosei, son of Rabbi Ḥanina, said: What is the rationale for the opinion of Rabbi Yosei? He interprets the unique phrase employed in that verse: From one of these. The Torah could have merely stated: One [aḥat]. Instead, it stated: From one [me’aḥat]. It could have merely stated: Them [hena]. Instead, it stated: Of them [me’hena]. Rabbi Yosei derives that there are cases of one transgression that, with regard to punishment, are them, i.e., many. And there are cases of them, several transgressions, that, with regard to punishment, are one. Furthermore: The term one refers to a full-fledged transgression of Shabbat, e.g., one who intended to and wrote a complete name, Shimon. The term from one refers to a case where he performed only part of the transgression, e.g., one who wrote only shem, part of the word, the letters shin and mem, from Shimon. Them refers to one who performed the primary categories of labor. Of them refers to one who performed subcategories of prohibited labors. One that is them refers to one transgression with multiple punishments, as in a case where his action was intentional with regard to Shabbat in that he was aware that it was Shabbat, and his action was unwitting with regard to the prohibited labors in that he was unaware that the labors were prohibited. In that case, he is liable for each primary category of labor. Them that are one refers to several transgressions with one punishment, as in a case where his action was unwitting with regard to Shabbat in that he was unaware that it was Shabbat, and his action was intentional with regard to the prohibited labors in that he was aware that the labors were prohibited. In that case, he is liable to bring only one sin-offering. Apparently, Rabbi Yosei has a source for the division of Shabbat labors. Why doesn’t Shmuel derive the halakha from that source? The Gemara answers: Shmuel did not derive one that is them and them that are one from the verse. Rava raised a dilemma before Rav Naḥman: What is the halakha if a person had a lapse of awareness of both this, Shabbat, and that, a particular labor? He said to him: He had a lapse of awareness with regard to Shabbat and is liable to bring only one sin-offering. Rava said to him: On the contrary, he had a lapse of awareness with regard to prohibited labors, and he should be liable for each and every labor that he performed. Rather, Rav Ashi said: We see, if it is due to awareness of Shabbat that he desists from performing the labor when he is told what day it is, then, apparently, it was a lapse of awareness with regard to Shabbat, and he is liable for only one. And if it is due to awareness of the prohibited labor that he desists, then, apparently, it was a lapse of awareness with regard to the labors and he is liable for each and every one. Ravina said to Rav Ashi: Does he desist due to Shabbat for any reason other than because he knows that the labors are prohibited? And similarly, does he desist from performing the labors when told that it is prohibited for any reason other than because he knows that it is Shabbat? When one desists from labor when he is told that it is Shabbat, it is because he understands that the labor he is performing is prohibited on Shabbat. Similarly, when one desists from his labor when he is told that the labor is prohibited, it is because he understands that the day is Shabbat. Rather, there is no difference between the cases, and in both he is considered unwitting with regard to Shabbat. The Gemara further discusses the matter from a different perspective. We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? Isn’t merely listing the prohibited labors sufficient? And Rabbi Yoḥanan said: The tally was included to teach that if he performed all the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Granted, if you say that one who had a lapse of awareness of both this and that is liable for each and every one, it works out well. However, if you say that since one who had a lapse of awareness of this and that had a lapse of awareness with regard to Shabbat, and he is liable to bring only one sin-offering, under what circumstances can you find a case where one would be liable for unwittingly violating all thirty-nine labors? It must be in a case where, with regard to Shabbat, his actions were intentional, as he was aware that it was Shabbat, and, with regard to the prohibited labors, his actions were unwitting, as he was unaware that these labors were prohibited on Shabbat. It works out well if he holds in accordance with the opinion of Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition and performed the transgression intentionally, he is considered to have sinned unwittingly. You find that possibility in a case where he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, if he holds in accordance with the opinion of Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. The question then arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva, who holds that that prohibition is by Torah law. Rava said: One who reaped and ground grain in the measure of a dried fig-bulk, the measure that determines liability for the labors of reaping and grinding on Shabbat, while in performing those actions he was unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He was unaware that it was Shabbat, but he was aware that the labors were prohibited. And he did not realize that he had sinned until he again reaped and ground grain in the measure of a dried fig-bulk, while in performing those actions he was intentional with regard to Shabbat and unwitting with regard to the prohibited labors. He was aware that it was Shabbat, but he was unaware that the labors were prohibited. And afterward he became aware that he had performed the labors of reaping and grinding while unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He set aside a sin-offering to atone for his sin, based on the principle that he need set aside only one sin-offering even though he performed two primary categories of labor in the same lapse of awareness. And afterward he became aware that he had performed the labors of reaping and grinding while intentional with regard to Shabbat and unwitting with regard to the prohibited labors. For performing two categories of prohibited labor unwittingly, reaping and grinding, one should be liable to bring two sin-offerings. Nevertheless, in that case, the sin-offering that atoned for the unwitting act of reaping, which he performed when his action was unwitting with regard to Shabbat, draws with it atonement for the second unwitting act of reaping, which he performed when his action was unwitting with regard to the prohibited labor, and for which he also was liable to bring a sin-offering. And similarly, the sin-offering that atoned for the unwitting act of grinding, which he performed when his action was unwitting with regard to Shabbat, draws with it atonement for the unwitting act of grinding, which he performed when his action was unwitting with regard to the prohibited labor. Since the offering was sacrificed after he had committed both transgressions, he attains atonement with one sacrifice, even though he performed several forms of the transgression in a single lapse of awareness. However, if the order of events in that case was different in that he became aware of reaping performed when his action was intentional with regard to Shabbat and his action was unwitting with regard to the prohibited labors, and he set aside an offering to atone for his unwitting transgression, and only afterward he became aware that he had performed the labors of reaping and grinding when his actions were unwitting with regard to Shabbat, the sin-offering that he brings for the reaping draws with it atonement for the previous reaping and the concomitant grinding. As far as the lapse of awareness with regard to Shabbat is concerned, reaping and grinding are considered like one sin, and atonement for one atones for the other. And the parallel grinding that he performed together with the latter reaping remains in its place, i.e., he does not attain atonement for that transgression. When he becomes aware of it, he brings a separate offering for atonement. Abaye said: Grinding also draws the latter grinding with it, as the designation of grinding is one. Since he attained atonement for one act of grinding, atonement is attained for the second act of grinding as well, as they were performed in one lapse of awareness, and he became aware only after the acts were completed. The Gemara asks: And is Rava of the opinion that atonement can be attained by means of drawing? Wasn’t it stated that there is a dispute with regard to that matter in a case where one unwittingly ate two olive-bulks of forbidden fat in one lapse of awareness, e.g., he ate two pieces of forbidden fat from different parts of an animal in the belief that they were permitted fat? One is liable to bring a sin-offering for that transgression. And in a case where he became aware that one of the olive-bulks was forbidden fat, and then ate a third olive-bulk while still in the midst of the lapse of awareness of the second piece of forbidden fat, i.e., he had not yet become aware that the second of the original olive-bulks was indeed prohibited and after eating the third olive-bulk, he became aware of both the second and the third pieces of fat. Rava said: If he brought a sacrifice for the first, atonement is attained for the transgressions of the first and second olive-bulks, since he ate both in one lapse of awareness. However, atonement is not attained for the third because awareness of the first olive-bulk interposes. If he brought a sacrifice for the third after he became aware that he had sinned, atonement is attained for the transgressions of the third and second, since both were performed in one lapse of awareness. However, atonement is not attained for the transgression of the first, which occurred in a separate lapse of awareness. If he brought a sacrifice for the middle one, atonement is attained for all, since both the first and third olive-bulks have a lapse of awareness common with the second. Abaye said: Even if he brought a sacrifice for any one of them, atonement is attained for all of them by means of drawing. Since he attained atonement for one of the olive-bulks, that atonement draws with it atonement for the other olive-bulks with which it shared a lapse of awareness. In any case, apparently Rava is not of the opinion that atonement draws with it atonement. How, then, does he say that atonement for reaping draws with it atonement for other acts of reaping? The Gemara answers: After he heard this halakha from Abaye, he adopted it. The Gemara raises a difficulty: If so, if Rava accepts the principle of drawing, by that same principle grinding should also draw with it grinding. The Gemara answers: There is a difference. Although he is of the opinion that atonement can be attained by means of drawing, he is not of the opinion that atonement that was attained through drawing can draw additional atonement through drawing. Atonement for the initial transgression of grinding was only attained by means of being drawn by the atonement for reaping. Rava holds that it cannot then proceed to draw atonement for the latter act of grinding. The Gemara comments: A matter that was obvious to Abaye and Rava was a dilemma for Rabbi Zeira. In a case where one’s action was intentional with regard to Shabbat and unwitting with regard to the labors, and in a case where one’s action was unwitting with regard to Shabbat and intentional with regard to the labors, he is liable to bring only one sin-offering for the unwitting violation of Shabbat. This was not obvious to Rabbi Zeira, as Rabbi Zeira raised a dilemma before Rabbi Asi, and others say that Rabbi Yirmeya raised a dilemma before Rabbi Zeira: If one reaped and ground grain in the measure of half a dried fig-bulk, and his action was unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He is certainly not liable by Torah law because he reaped and ground less than the minimum measure for liability. And then he reaped or ground grain in the amount of half a dried fig-bulk and his action was intentional with regard to Shabbat and unwitting with regard to the prohibited labors, do they join together to constitute the minimum measure that determines liability to bring a sin-offering when he becomes aware that he sinned? He said to him: They are separate with regard to sin-offerings, i.e., if one reaped and ground the minimum measure that determines liability, he is liable to bring two sin-offerings, and therefore they do not join together to constitute the minimum measure. The Gemara asks: And wherever they are separate with regard to sin-offerings, do they not join together? Didn’t we learn in a mishna: If one ate one piece of forbidden fat and then ate another piece of forbidden fat, each larger than the measure for liability, in one lapse of awareness, he is liable to bring only one sin-offering? In the next case in the mishna, four items are listed. If one eats them unwittingly he is liable to bring a sin-offering. If he ate forbidden fat, and blood, and notar, sacrifices that remained after the time when they may be eaten has expired, and piggul, sacrifices that were invalidated due to inappropriate intent while being offered, in one lapse of awareness, he is liable to bring a sin-offering for each and every one. That is the stricture that applies to many types of prohibitions relative to one, the same, type. And this is the stricture of one type relative to many types: That if one ate half an olive-bulk, and then ate another half an olive-bulk from one type, he is liable because the two half measures join to constitute a single measure. And if he ate two halves of an olive-bulk from two types, he is exempt. And we discussed this mishna: When we learned of one who ate two halves of an olive-bulk from one type, was it necessary to say that he is liable? That is obvious. And Reish Lakish said in the name of the Sage, bar Tutni: With what are we dealing here? We are dealing with a case where he ate two halves of an olive-bulk from two dishes, where each half was prepared separately, and this is in accordance with the opinion of Rabbi Yehoshua, who said that dishes separate. One who eats two olive-bulks of prohibited food that was prepared in two different dishes in the course of one lapse of awareness is liable to bring a sin-offering for each one. Lest you say that Rabbi Yehoshua stated his opinion that dishes separate both as a leniency and as a stricture, and therefore one who ate two halves of an olive-bulk from two dishes would be exempt, the mishna teaches us that Rabbi Yehoshua did not state his opinion as a leniency. He stated his opinion as a stricture. But here, where they are separate with regard to the number of sin-offerings, i.e., according to Rabbi Yehoshua one who eats an olive-bulk from each of the two dishes is liable to bring two sin-offerings, and, nevertheless, the two halves of an olive-bulk from the two dishes join together and constitute a full measure and render him liable to bring a sin-offering. Rabbi Zeira said to Rabbi Yirmeya: The Master taught Reish Lakish’s response with regard to the first clause of the mishna, and it is difficult for him. We taught Reish Lakish’s response with regard to the latter clause of the mishna, and it is not difficult for us. When we learned in the latter clause of the mishna: One who ate two halves of an olive-bulk from two types, was it necessary to say that he is exempt? That is obvious. Reish Lakish said in the name of bar Tutni: Actually, it is referring even to a case where the prohibition was from one type of food. And why then does the mishna call it two types? Because he eats it in the two separate dishes in which it was prepared. And this ruling is in accordance with the opinion of Rabbi Yehoshua, who said that dishes separate. And this teaches us that Rabbi Yehoshua stated his opinion that dishes separate both as a leniency and as a stricture. The Gemara asks: From the fact that the latter clause is referring to one type of food and a case where the two halves of an olive-bulk were prepared in two dishes, as explained above, by inference, the first clause in the mishna is referring to one type of food and one dish. The problem is then more difficult. In a case where one ate two halves of an olive-bulk from one type of food and in one dish, was it necessary to say that he is liable? That is obvious. Rav Huna said: With what are we dealing here? We are dealing with a case where he had a period of awareness between eating the two half olive-bulks. After eating the first half of an olive-bulk, he became aware that he had eaten food that was prohibited. Then he became unaware again and ate the second half of an olive-bulk. Although, with regard to sacrifices, awareness usually serves as a line of demarcation between unwitting transgressions performed prior to the period of awareness and unwitting transgressions performed thereafter, the mishna is in accordance with the opinion of Rabban Gamliel who said: There is no awareness for half a measure. Since one is not liable to bring a sacrifice for half a measure, the fact that one became aware between consumption of the two halves of an olive-bulk is of no significance and does not demarcate between the two half-measures with regard to liability to bring a sin-offering. A dispute between amora’im was stated: With regard to one who ate two olive-bulks of forbidden fat in one lapse of awareness, and became aware of the transgression of eating the first olive-bulk, and then became aware of the transgression of eating the second, Rabbi Yoḥanan said: He is liable to bring two sin-offerings, one offering for each transgression. And Reish Lakish said: He is liable to bring only one. Both Sages cite proofs for their opinions. Rabbi Yoḥanan said that he is liable as it is stated: “And he shall offer for his sin that he sinned…and he shall bring the ox” (Leviticus 4:3-4), indicating that he is liable to bring a separate sacrifice for each sin. And Reish Lakish said he is exempt, as it is stated: “And the priest shall atone for him from his sin, and it shall be forgiven for him” (Leviticus 4:26), indicating that even if he atoned from his sin, i.e., for part of his sin and not all of his sin, the entire transgression is forgiven. The Gemara asks: And how can Reish Lakish say that one sin-offering is sufficient? Isn’t it written: “For his sinand he shall bring”? The Gemara answers: That verse refers to a case where he only became aware of the second sin after attaining atonement for the first. However, if he became aware prior to atonement, he is required to bring only one sin-offering. The Gemara asks: And Rabbi Yoḥanan, too, how can he say that one is liable to bring two sin-offerings? Isn’t it written: “From his sin, and it shall be forgiven for him? The Gemara answers: According to Rabbi Yoḥanan, with what are we dealing here? It is a case where one ate an olive-bulk and a half, and he became aware of his transgression of eating a single olive-bulk, and then he ate another half of an olive-bulk in the course of the lapse of awareness of the second half of an olive-bulk that he ate together with the whole olive-bulk. Lest you say that the two halves of an olive-bulk should join together, and he is liable to bring an additional sin-offering, the verse teaches us that in that case he is exempt because he has already atoned for part of his transgression. Ravina said to Rav Ashi: In the dispute between Rabbi Yoḥanan and Reish Lakish, they disagree in a case where one became aware of the second transgression prior to designating an animal for the first sin-offering, and this is the point over which they disagree: That one Sage, Rabbi Yoḥanan, holds that periods of awareness separate. Since one became aware of his sins at two different stages, he is liable to bring two sin-offerings. And one Sage, Reish Lakish, holds that only designations of animals for sacrifices separate. However, if one became aware of the second transgression after designation of the animal for the first sin-offering, Reish Lakish agrees with Rabbi Yoḥanan that he is liable to bring two sin-offerings. Or, perhaps they are disagreeing in a case where he became aware of the second sin after designating an animal for the first sin-offering, and this is the point over which they disagree: That one Sage, Rabbi Yoḥanan, holds that designations separate; and one Sage, Reish Lakish, holds that only atonements separate. Only after the sin-offering has been sacrificed on the altar and the sinner has obtained atonement can it be said that the sacrifice’s capacity to atone is spent and cannot atone for a sin of which he became aware afterward. However, if he became aware of the second sin prior to designation of the sacrifice, Rabbi Yoḥanan agrees with Reish Lakish that he is liable to bring only one sin-offering. Or, perhaps, the dispute between them is both in this case, before designation, and in that case, after designation. Rav Ashi said to him: It is reasonable to say that the dispute is both in this case and in that case. As, should it enter your mind that they disagree only in a case where he became aware of the second sin prior to designation of an animal for the first sin-offering, and in a case where he became aware after designation Reish Lakish agrees with Rabbi Yoḥanan that he is liable to bring two sin-offerings, then rather than establishing the verse that posed a difficulty to Reish Lakish’s opinion in a case where one became aware of the second sin after atonement for the first, let him establish it in a case where one became aware of the transgression after designation of an animal for the first sin-offering. And similarly, if you say that they disagree only in a case where he became aware of the second sin after designation, and in a case where he became aware prior to designation Rabbi Yoḥanan agrees with Reish Lakish that he is only liable to bring one sin-offering, then rather than establishing the verse that posed a difficulty to Rabbi Yoḥanan’s opinion in a case where he ate an olive-bulk and a half, let him establish it in a case where he became aware of the transgression prior to designation. Ravina does not accept this proof, as, in his opinion, it is flawed: And perhaps there is uncertainty with regard to this matter, and he spoke employing the style of: If you wish to say. If you wish to say that they disagree in a case where he became aware of the second sin prior to designation, then how does Rabbi Yoḥanan establish the verse? He establishes the verse in a case where one ate an olive-bulk and a half. And if you wish to say they disagree in a case where he became aware of the second sin after designation, then how does Reish Lakish establish the verse? He establishes the verse in a case where one became aware of the second sin after attaining atonement. Ulla said: According to the one who said that in order to designate a definite guilt-offering, a sacrifice brought by one who committed a robbery, misused sacred objects, or had relations with a designated maidservant, one does not require prior knowledge that he definitely sinned, one who had relations with a designated maidservant five times is only liable to bring one guilt-offering, even if he became aware of his transgression between each instance of relations with her. Because awareness is insignificant with regard to this sacrifice, it does not demarcate in terms of the number of guilt-offerings that he is liable to bring. Rav Hamnuna strongly objects to this halakha: But if what you say is so, one who had relations with a designated maidservant, and again had relations, and designated an animal for the offering, and said: Wait for me before sacrificing the offering until I have relations again, so that the guilt-offering will atone for this transgression as well, would you say that the same applies in that case too, that he is only liable to bring one guilt-offering? Ulla said to him: You referred to an action performed after designation of an animal for the guilt-offering. I did not say that halakha with regard to an action that was performed after designation. When Rav Dimi came from Eretz Yisrael to Babylonia, he said: According to the one who said that in order to designate a definite guilt-offering one requires prior knowledge that he definitely sinned, one who had relations five times with a designated maidservant is liable to bring a guilt-offering for each and every one. Because awareness is significant with regard to guilt-offerings, the awareness between the acts of cohabitation renders each a separate transgression. Abaye said to Rav Dimi: That is not so, as with regard to a sin-offering for which we require prior knowledge, Rabbi Yoḥanan and Rabbi Shimon ben Lakish disagree whether or not awareness following an unwitting sin demarcates one transgression from another. Rav Dimi was silent and had no response. In an attempt to resolve the problem, Abaye said to him: Perhaps you said your statement with regard to an act that the sinner seeks to commit after designating an animal as a guilt-offering but wants to attain atonement for by means of that same designated sacrifice. That statement is in accordance with the statement of Rav Hamnuna. Rav Dimi remembered and said to Abaye: Yes, that was what was originally stated. When Ravin came from Eretz Yisrael to Babylonia, he cited several disputes concerning the halakhot of guilt-offerings and said: Everyone agrees with regard to a designated maidservant, and everyone agrees with regard to a designated maidservant, and there is a dispute with regard to a designated maidservant. The Gemara elaborates: Everyone agrees with regard to a designated maidservant; one is liable to bring only one guilt-offering, even for many acts of cohabitation, in accordance with the opinion of Ulla. Ulla said that since prior knowledge is not required for liability to bring a guilt-offering, even if one became aware of his transgression between each time he had relations, he brings only one sacrifice. And everyone agrees with regard to a designated maidservant; one is liable for each and every act of cohabitation, if it occurred after designation of an animal for a guilt-offering for the previous transgression, in accordance with the opinion of Rav Hamnuna. And there is a dispute with regard to a designated maidservant; this refers to the one who said that, in order to designate a definite guilt-offering, one requires prior knowledge that he definitely sinned. In that case, the legal status of the guilt-offering is equal to that of the sin-offering and is the subject of a dispute between Rabbi Yoḥanan and Rabbi Shimon ben Lakish, who disagree whether awareness between two unwitting transgressions demarcates and requires two offerings. It was stated that amora’im disagreed with regard to the halakha in the following case:
בלפי שהדברים הללו רותחין ומרתיחין והוא נוטלן והן תשים לתוך ידו ומחזירן והן מוסיפין רתיחה לפיכך אסרו לטמון בהן.
MISHNAH: In what does one store away and in what may one not store away1To keep food warm for the Sabbath meal one prepares a big box which is padded with insulating material in which the hot pots will be embedded. In German this used to be called “Kochkiste.” The insulating material may not be anything which in a fermentation process will produce heat.? One does not store away in olive cake2Chapter 3, Note 3., nor in manure, nor in salt, nor in lime, nor in sand, whether moist or dry. Not in straw, nor in fibers, nor in grape pits, nor in grasses when they are moist3And produce heat in rotting. but one may store away in them when dry. One may store away in garments, and produce, and pigeon wings4Down., and flax residue, and in fine sawdust. Rebbi Jehudah forbids if it is fine and permits coarse. HALAKHAH: “In what does one store away and in what may one not store away1To keep food warm for the Sabbath meal one prepares a big box which is padded with insulating material in which the hot pots will be embedded. In German this used to be called “Kochkiste.” The insulating material may not be anything which in a fermentation process will produce heat.,” etc. Because these things are hot and produce heat; if he takes away and they cool in his hand he returns them and they add heat; therefore they forbade to store away in them following Rebbi Eleazar ben Azariah, for Rebbi Eleazar ben Azariah said, “a box he tilts on its side and takes out.” But according to the rabbis there? For they say, if it was a vat it is permitted9It is not clear what they permitted. It seems that they permitted any material if the vessel was large enough that even if it was stored away in a heat-producing medium it woyld not come to a boil.. And there10Chapter 2 Mishnah 6. we have stated “if there be doubt whether it is dark or not dark.” Because it was not dark; therefore if it is dark it is forbidden to store away in them. There, they are saying, because of the neglect of the house of study11There is a problem why there should be any restrictions for storing away hot food since it was established earlier (Chapter 1, Note 361) that food cooked rare is considered completely cooked and, if left on the stove, will not lead to violation of any biblical commandment. While the rules about continued use of a cooking stove fall under the general rabbinic principles of building a “fence around the law”, the rules about storing away seem to be “fences around fences” which are frowned upon. One has to seek other reasons for these rules. The Babylonian rabbis think one tries to force people to finish all household chores before sundown so all can come to the synagogue and hear the sermon; cf. Soṭah 1:4 Notes 185–191.; Rebbi Abba said, because of the suspicion12This is R. Abba’s general explanation for “fences around fences”, cf. Chapter 5 (7b line 53), Chapter 6 (8a line 65).. For if you tell him that he is permitted he will not finish it completely when it still is daylight. Because you tell him that he is forbidden he will finish it completely when it still is daylight. What is the difference between them? To hide away snow and cold water. In Rabbi Abba’s opinion it is permitted8There is no restriction on making cold water lukewarm., in the opinion of the rabbis there it is prohibited13Since it is an activity in the kitchen. In the Babli 51a it is a matter in dispute between Samuel and Rav.. They forbade hiding away because of the cooking stove; they forbade the cooking stove because of hiding away14In either case one may not use heat producing materials. This argument disputes the prior assertion that it is because of problems with returning the pot into insulating material which is muqṣeh.. They forbade a cooking stove which creates little heat because of a cooking stove which creates much heat. They forbade a completely cooked dish15For which the rules of stowing away are as strict as those for Ben Derosai’s food. because of an incompletely cooked dish. They forbade hot water because of a completely cooked dish. They turned around and permitted hot water. It was stated: One does not store away in hot ashes16Babli 34b.. Rebbi Zeˋira said, this implies that it is permitted to store away in cold ashes. As the following: Rebbi Yannai’s daughter was serving her father and brought him hot dishes. He asked her, how was this made? She told him, (with a spade and) [it was hidden in]17The translation in parenthesis, which does not make much sense, follows the ms. text במרא, במרה. The text in brackets follows the emendation of M. de Lonzano, Azulai, Qorban heEdah, and Liebermann: כמרא, כמרה. olive cake. He said to her, you should not do this, but (with a spade) [hide it]17The translation in parenthesis, which does not make much sense, follows the ms. text במרא, במרה. The text in brackets follows the emendation of M. de Lonzano, Azulai, Qorban heEdah, and Liebermann: כמרא, כמרה. in a box and put the box on the olive cake18Differently Babli 47b.. Rebbi Zeˋira said, Rebbi Ḥanina disagrees with this. Rebbi Aḥa preached in the name of Rebbi Ḥanina: Olive cake at the bottom and straw on both sides is forbidden, and Rebbi Yannai agrees19As long as the olive cake is inside the box it is forbidden according to everybody.. Abbin asked: It he mixed them, what20If permitted and prohibited materials were mixed.? Let us hear from the following: “One may store away in garments, and produce, and pigeon wings.” Rebbi Yose21This appears again later in the Chapter (Note 33) where the name is correctly given, R. Jehudah ben Pazi. ben Pazi in the name of Rebbi Yose bar Ḥanina: This means, if they are not much rotten. But if they are much rotten it is forbidden to store away in them22Since organic decay everywhere produces heat.. “Not in sand.” There, we have stated:23Mishnah 23:5, detailing what may be done for the corpse of a person who dies on the Sabbath. The statement implies that sand is a coolant; then why is is forbidden for stowing away? “One puts it on sand in order to wait.” This sand heats the hot and cools the cold24In the Babli, Bava Batra 19a, this is said of rocks.. Straw is like the holder of a deposit; what you give it it gives to you. It is forbidden to store away in anything which one has to distance from a wall25Mishnah Bava Batra 2:1. Any chemically active material cannot be stored close to a wall shared with another owner.. Rebbi Yose said, since we have stated that one may store away in straw, it follows that one need not distance it from a wall. Rebbi Ḥaggai objected: Was it not stated, one who rents o house from his neighbor may not use it as storage for produce? Why? Not because of the chaff? Rebbi Ḥanania said, because of the rats. Rebbi Phineas ben Rebbi Ḥanina said, if it were because of the rats then even a storage for anything. Rebbi Shammai objected, does one not distance rocks from the wall? Then rocks are forbidden to hide away in. Rebbi Yose said, it is not that rocks produce heat but they become rusty and destroy the bottom of the wall26Bava Batra 2:1, Note 12.. But was it not stated: One does not store away in stones. Explain it for silver ore. There are Tannaim who state, one does store in rocks, and there are Tannaim who state, one does not store. Rav Ḥisda said, he who says “one stores”, with gold or brass ore; he who says “one does not store”, with silver ore27Quoted Tosaphot Bava Batra 17a s.v.סלעים.. Not only if they are wet28All the materials which are permitted as insulating material if dry. but even if they were dry and became wet, as these fibers; are these not like dry which became wet29Babli 49a.? Rebbi Joḥanan bar Shila: This implies that one who hides a cauldron30The translation reads אִיירָה (Syriac אִירָא). (איידי “because of” is Babylonian Aramaic). must let it be missing a little lest he take it up and it spills and heats. There, we stated31Mishnah Kelim 9:5. The Mishnah states that while the cake itself is not food, any fluid which oozes from it is olive oil subject to all rules of impurity, but dry olive cake is no longer food and impervious to impurity. By analogy, it is permitted to use dry olive cake to store away hot food on the Sabbath.: “The same holds for new olive cake but old one is pure.” What is new and what is old? Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: New within 12 months, old after 12 months32Cf. Avodah zarah 2:5 Note 268, Babli Avodah zarah 34a.. “One may store away in garments, and produce, and pigeon wings4Down..” Rebbi Jehudah ben Pazi in the name of Rebbi Jeremiah bar Ḥanina33An otherwise unknown author. The reading is suspect; cf. Note 21 (R. Yose ben Ḥanina).: This means, if they are not much rotten. But if they are much rotten it is forbidden to store away in them22Since organic decay everywhere produces heat.. “And in flax residue, and in sawdust.” We have stated נְסוּרֶת. In the House of Rebbi they stated נְעוֹרֶת. This implies that both are the same34This is true for practical use but the roots are נסר “to saw” and נער “to shake off”. The Babli disagrees, 49a..
יש כאן מחלוקת אם יש בהטמנה בישול או רק גזרה שמא יחתה. איך אפשר להסביר את המחלוקת על פי הדברים בסוגיית שהייה והחזרה ועל פי הכיוונים דלעיל?

מלאכות הבגד

גוזז
הגוזז את הצמר והמלבנו. אמר רבה בר בר חנה אמר רבי יוחנן: הטווה צמר שעל גבי בהמה בשבת - חייב שלש חטאות; אחת משום גוזז, ואחת משום מנפץ, ואחת משום טווה. רב כהנא אמר: אין דרך גזיזה בכך, ואין דרך מנפץ בכך, ואין דרך טווי בכך. ולא? והתניא משמיה דרבי נחמיה: שטוף בעזים וטוו בעזים! אלמא: טוויה על גבי בהמה שמה טוויה! חכמה יתירה שאני. תנו רבנן: התולש את הכנף, והקוטמו, והמורטו - חייב שלש חטאות. אמר רבי שמעון בן לקיש: תולש חייב משום גוזז, קוטם חייב משום מחתך, ממרט חייב משום ממחק.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
ואמר ר"ל חייב משום גוזז - תימה מה הוא מקשה אף על גב דלענין בכור לא מחייב ביה משום לא תגוז לענין שבת יש לחייב משום תולדה דגוזז ככל עוקר דבר מגידולו בבעלי חיים.
דתני תלש מן המיתה חייב, תלישתה זו היא גיזתה.
MISHNAH: There are 39 categories of work. He who ploughs, who sows, who harvests, who binds into sheaves, who threshes, and who winnows, who selects, who grinds, and who sifts, who makes dough, and who bakes4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. He who shears wool, who bleaches it, who cards it, who dyes it, who spins it, who prepares the loom, who ties two threads as warp, who weaves two rows, who hits two threads, who ties, and who unties. Also who sews two stitches, who tears in order to sew two stitches.
He who catches a deer, who slaughters it, who skins it, who salts it, who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather., who tans it, who cuts it, who writes two letters, and who erases in order to write two letters6This series of 9 categories describes both sacrifices and the production of writing material which in pre-Mishnaic times was mostly leather..
He who builds, and who tears down, who extinguishes fire, and who lights fire, and who hits with a hammer7A name for the formal end of any production process., and who transports from one domain to another8This is mentioned last because in most cases it is a weak prohibition since “public domain” into which one may not transport by biblical standards is exists mostly outside a built-up area.; these are the 39 categories of work. HALAKHAH: “The categories of work are 39.” From where that the categories96A hint that exactly 39 categories of work should be forbidden on the Sabbath (i. e., that a maximum of 39 sacrifices would be required for unintentional violations of the Sabbath rest.) of work are from the Torah? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Corresponding to the thirty-nine occurrences of מלאכה in the Torah97The count works out if one counts all occurrences of מְלָאכָה together with its suffixed forms מְלַאכְתּוֹ, etc., but omitting all construct states מְלֶאכֶת.. They asked before Rebbi Aḥa, everywhere where מלאכות is written it should count for two! Rebbi Ashian said, Rebbi Aḥa checked by eye the entire Torah and did not find this word written98The plural מְלָאכוֹת is not found in the Pentateuch. Therefore each occurrence of the word counts as one.. The following is necessary: He came into the house to do his work99Gen. 39:11. It must be counted even though the word is in suffixed form and does not refer to the Sabbath. is with them. God completed on the Seventh Day His work which He did100Gen. 2:2., is with them. Rebbi Simeon ben Yoḥai stated: Six days you shall eat unleavened bread and on the seventh day you should not do work101Deut. 16:8, the last occurrence of the word in the Torah. comes to complete the 39 “works” written in the Torah. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Naḥmani: Corresponding to the 39 times “service” and “work” is written about the Tabernacle102In Ex. and Num. Here again for the word עֲבוֹדָה the base form and the suffixed forms are counted, but the construct state עֲבוֹדַת is not.. Rebbi Yose ben Ḥanina said, it does not say “this is the word” but these are the words.103Ex. 35:1, the introductory paragraph which indicates that the Sabbath prohibitions may not be violated in building the Tabernacle, and which therefore forms the basis of the list of the 39 categories from an analysis of the activities needed to build the Tabernacle and to serve in it.” “Word”, “words,” “words”. From here about categories and derivatives104The plural indicates that each category stands for many different actions, Babli 70a, 97b. (In the Appendix to Yalqut Šimony published by L. Ginzberg in שרידי הירושלמי p. 316 the reading is מכאן לאבות מלאכות “from here for categories”, the plural only indicates that there are different categories of work on the Sabbath.). Rebbi Ḥanina of Sepphoris in the name of Rebbi Abbahu. Alef is one, Lamed is 30, He is five, “word” is one, “words” are two105The gematria (numerical value if each letter is used as a numeral in the Alexandrian system) of אלה is 36; one has somehow to find another 3 to reach the traditional number of 39.. From here the 39 “works” written in the Torah. The rabbis of Caesarea say, at its place nothing is missing, א is one, ל 30 , ח 8. The rabbis never hesitate to identify ה and 106Cf. Peah 7:6 Note 113, Maˋaser Šeni 5:3, Soṭah 8:4 Note 179. In all other occurrences of substitution of ח for ה one obtains a word which makes sense; this cannot be said here (Babli Berakhot 32a).ח. Rebbi Joḥanan and Rebbi Simeon ben Laqish worked on this Chapter for three and one half years107They made a list of all actions traditionally forbidden on the Sabbath.. They produced 39 derivatives for each single one. Where they found a way to include it they included it108Where they could they classified them according to the official categories.. Where they did not find a way to include it they classified it as “who hits with a hammer.7,A name for the formal end of any production process.109A catch-all category for actions difficult to categorize. It is clear that the list of prohibited actions must have preceded the classification.” The sons of the Elder Rebbi Ḥiyya worked on this Chapter for six months. They produced six derivatives for each single one. The sons of the Elder Rebbi Ḥiyya follow the method of their father, as Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all [liable] because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” Rebbi Sidor112His name seems to have been Isidor; changed to avoid the mention of pagan deities. said, Jehudah the son of the rabbi113The Elder R. Ḥiyya. Makhširin is a rather short Mishnah Tractate of only 6 Chapters accompanied by Tosephta of 3 Chapters. studied Makhširin for six months. In the end there came a student of Rebbi Simai and asked him, but he could not answer. He114R. Simai’s student. The important one of R. Ḥiyya’s twins was Ḥizqiah, not Jehudah. said, it is recognizable that this one never passed by the gate of the Torah. “The categories of work are 39.” For which purpose? For if he did all of them in one oblivion he is liable only once115This statement contradicts Mishnah 1 and the quote in the Babli (69a) as well as a quote from the Yerushalmi (not in our text) by R. Salomon Adani; it has to be changed into “is liable for each single one.”. 116This paragraph and the next are also in Nazir 6:1 but the origin is here as will be seen in the commentary. The introductory statement is from earlier in the Chapter, Notes 28–30. The text in braces was copied from there and has no place here. Rebbi Zakkai stated before Rebbi Joḥanan: If somebody sacrificed, burned incense, and poured a libation in one forgetting, he is guilty for each action separately. Rebbi Joḥanan told him, Babylonian! You crossed three rivers with your hands and were broken. He is guilty only once! {Before he broke it in his hand there is “one” but not “those”; after he broke it in his hand there are “those” but not “one”.} Rebbi Abba bar Mamal asked before Rebbi Zeˋira: Should he117The idol worshipper. not be guilty for each action separately? As you say for the Sabbath: Do not perform any work118Ex. 20:8., principle. Do not light fire in any of your dwelling places119Ex. 35:3., a detail. Was not lighting fire subsumed under the principle, but it is mentioned separately from this principle! Since lighting fire is special in that it is the work of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. Also here: Do not worship them121Ex. 20:4., a principle. Do not prostrate yourself121Ex. 20:4., a detail. Was not prostrating itself included in the principle and why was it mentioned separately? To infer, to tell you that prostrating oneself is special in that it is the action of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. He answered: For the Sabbath, He mentioned the principle at one place and the details at another place. For idol worship, the principle is found close to the detail122In the same sentence. Cf. Babli Pesaḥim 6b, Bava qamma 85a, Menaḥot 55b, Niddah 33a.. He retorted: Is it not written: Do not prostrate yourself before another power123Ex. 34:14.? He who sacrifices to Elohim shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. He mentioned the principle at one place and the details at another place! He said, since you do [not]125Added from the text in Nazir, needed for an understanding of the text. infer anything from it close up, you cannot infer anything from afar126Since 34:14 does not teach anything not contained in Ex. 20:5.. The colleagues say, it makes no difference; whether He gave the principle at one place and the detail at another, or gave principle and detail at the same place, it is a matter of principle and detail. For the Sabbath, He first gave the principle and then the detail. For idolatry, He gave the detail and only later the principle127If prostrating had been mentioned after worshipping, the 5th hermeneutical principle would imply that the two notions are identical in intent. As the verse stands, it cannot be interpreted as “principle and detail”, therefore the 9th principle does not apply to idolatry since the detail does not follow after the principle.. Rebbi Yose said, it makes no difference whether He first gave the principle and then the detail or He gave the detail and only later the principle, or He gave principle, detail, and principle; it is a matter of principle and detail. For the Sabbath, He gave a general prohibition of work, followed by details; for idolatry, He gave the general principle regarding its worship but detailed the works of Heaven128The prohibition refers to performing for idolatry any ceremony commanded for the worship of Heaven. The case of R. Zakkai really has no connection with the argument about the status of the mention of prostrating oneself in the Second Commandment.. Rebbi Mana said, lighting fire was mentioned unnecessarily129Since the prohibition of making fire is implied in the Fourth Commandment in any reasonable interpretation. Therefore, making fire is a detail which can be used to characterize all work forbidden on the Sabbath.; prostrating oneself was mentioned by necessity to explain about itself since it is not work130Nothing is changed or produced by prostrating oneself; it is not obvious that it should be forbidden under any circumstances.. This follows what Ḥizqiah stated: He who sacrifices to powers shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. Sacrificing was mentioned separately to teach about everything131Since punishment for sacrificing is spelled out separately, any punishment for an act of idolatry must be given separately by the 9th rule, supporting R. Zakkai against R. Joḥanan., prostrating oneself to explain about itself since it is not work. Rebbi Jeremiah said, lighting fire was mentioned by necessity, to teach that courts should not sit on the Sabbath132In the Babli, Yebamot 6b, this is a Tannaitic statement from the school of R. Ismael, appended to an argument also quoted in Mekhilta dR. Ismael, Wayyaqhel.. What is the reason? It says here, in all your settlements, and it says there, these . . should be rules of law for your generations, in all your settlements133Num. 35:29.. Since “settlements” mentioned there refers to courts, “settlements” referred to here also refers to courts. Rebbi Samuel bar Eudaimon said, even if you say that it was mentioned separately necessarily is as if it was mentioned separately not by necessity,134Since the argument is based on Num. 35:29, not on Ex. 22:19, the latter verse can be used in an application of the 9th rule. and any item mentioned separately unnecessarily instructs135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. This implies that one item which was mentioned separately by necessity does not divide136Since we found a reason why the item was mentioned one cannot infer that it is established as a separate rule.. If it was mentioned not by necessity it divides137It is a general hermeneutical rule (No. 4) that two parallel items are just that, two separate items, and no additional inferences or comparisons are possible. If both are prohibitions, infractions generate separate liabilities.. If two items were mentioned separately, do they divide? Let us hear from the following: From where that he transgresses a prohibition whoever brings to the altar meat of a purification offering138For purification and reparation offerings, blood is sprinkled on the altar and fat is burned. The meat must be eaten by the priests; it cannot be sacrificed., or meat of a reparation offering, or meat of most holy offerings139Most holy offerings are elevation offerings which are completely burned, purification and reparation offerings already mentioned, and the public well-being offering accompanying the Two Leavened Breads on Pentecost which introduce the season of the wheat harvest. Only the last item can be meant here, where the meat also must be eaten by the priests., or meat from simply holy offerings140The family sacrifices, of which only blood and fat are given to the altar, Lev. Chapter 3., or the remainder of the ˋOmer141The barley offering on the Festival of Unleavened Bread, of which a handful is burnt on the altar and the remainder must be eaten by the priests. Lev. 23:10. or the Two Breads142The Two Breads to be brought on Pentecost, to be eaten by the priests with the meat of the public well-being offering (Note 139). Lev. 23:17., or the Shew Bread143Of which the incense is burned on the altar; the bread itself has to be eaten by the priests, Lev. 24:5–9., or remainders of cereal offerings144To be eaten by the priests after a handful was burned on the altar, Lev. Chapter 2., or leaven145This again refers to the Two Breads, the only leavened offering., or date honey146Which as an offering of first fruits is consumed by the priest after being presented to the altar but not brought onto the altar. Deut. 26:2.? The verse says147Lev. 2:12., for any leaven or any date honey you may not turn into smoke as a fire gift to the Eternal. Therefore anything that had been given to the fire is under “do not turn into smoke”148If any part or appendix had to be given to the fire on the altar, there is a prohibition to put any of the remainder on the altar.. Rebbi Eleazar asked Rebbi Joḥanan. Should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He told him, it follows what was stated, the altar150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., this means not only the altar, from where to include the ramp? The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., on the altar they shall not be lifted. I could think neither as an act of worship nor as act of worship. The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., as aroma smell, I was saying this only as an act of worship151Since the ramp is inclined, stepping on the ramp in the course of a service would be “ascend for pleasant scent” and is forbidden. But depositing the first fruits on the ramp while the priest remains standing on the floor of the Temple court until he takes them to be consumed is not covered by the prohibition. Sifra Ṣaw Pereq 1(11).. (He retorted,)152An addition from the corrector; this has to be deleted since the next paragraph shows that the speaker still is R. Joḥanan; the following is a continuation of the baraita quoted. them is a restriction153Anything other than leaven and date honey is not covered by the verse.. For these one is liable on the ramp, for all other sancta one is not liable on the ramp. Because it is written them. If them had not been written, it would instruct154Then leaven and date honey would just be examples of items to be consumed by the priests.. That means, two items which were mentioned separately do (not)155A correction by the scribe himself but in error as shown by the next paragraph. separate156To prohibit burning on the altar what must be consumed by priests or laity it would have been enough to give one example. Since two were given, it implies that bringing to the altar is a separate sin for each of them (and equally all others).. Rebbi Ḥananiah the son of Rebbi Hillel said, they do not separate, therefore they instruct157Since they are mentioned in one verse they are not two independent items; previous argument is not applicable. Since it is a single item it permits inference for all sancta.. Rebbi Yose ben Rebbi Abun does not say so but Rebbi Eleazar asked Rebbi Joḥanan, should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He said to him, them is a restriction. For these one is liable on the ramp, for all other sancta one is not liable on the ramp158But on the altar one is liable at least in violation of a positive commandment. Babli Menaḥot 37b/38a.. This implies that a single item which is mentioned separately necessarily does not divide, but unnecessarily it divides135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. Two items which are mentioned separately do not divide but according to Rebbi Ismael they do divide, as Rebbi Abun bar Ḥiyya said, the words of Rebbi Ismael are that two items which are mentioned separately divide159From here on and the next paragraphs there is a parallel (but not an exact copy) in Sanhedrin 7:5 Notes 72–125.
One of R. Ismael’s hermeneutical principles is that “a detail which was singled out from a general category was singled out not for itself but as an example for the entire category.” R. Abun bar Ḥiyya states that according to R. Ismael this holds only for a single detail, not for two or more.
. As Rebbi Ismael stated, you shall neither divine nor cast spells160Lev. 19:26. Divination is an attempt to predict the future by magical means; spellbinding is practical witchcraft. Both are particular examples in the prohibition of witchcraft (Ex. 22:17), but no penalty is indicated.. Were not divining and spellbinding included in the general class161To use witchcraft is a capital crime (Mishnah Sanhedrin 7:5); in the absence of witnesses there is an automatic Divine verdict of extirpation. But the special cases of divination and spellbinding only trigger a verdict of extirpation; they are not cases for the human court. This illustrates R. Ismael’s principle. In Sifra Qedošim Pereq 6(2), R. Ismael and R. Aqiba identify divination and spellbinding as examples of make-believe witchcraft which according to Mishnah Sanhedrin 7:19 is not punishable by the human court. Automatically, these are separate examples of sins which require a purification sacrifice if done without criminal intent. A person who unintentionally acts as sorcerer, divinator, and spellbinder has to bring three sacrifices.? The were mentioned separately to be treated differently from the general case162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.. In general by extirpation, the separate case by extirpation2In error.; the word of Rebbi Joḥanan implies that it is “general case and detail162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.”, as Rebbi Abbahu said in the name of Rebbi Joḥanan, since anybody who would perform any of these abomination s, they will be extirpated163Lev. 18:29. This verse decrees a general verdict of extirpation on any violation of sexual taboos spelled out in Lev.18, whether or not they are criminally punishable.. Was not his sister included in the general class164The sister is forbidden in Lev. 18:9 but in the chapter about penalties, Lev. 20:17, the punishment is reserved for Heaven. and was mentioned separately of the general class to divide from the general class. Rebbi Eleazar objected, is it not written165Lev. 20:19. The wording might be slightly misleading., the nakedness of your mother’s sister and your father’s sister you shall not uncover, for he would touch his relative? He told him, this was mentioned separately for a reason, to judge by “touching”166Lev. 20:19 makes two statements: The punishment is reserved for Heaven and the sin is committed the moment the genitals of the parties touch, without any penetration. Mishnah Yebamot 6:2 extends the equivalence of touching and penetration to all sexual offenses.. He said to him, is it not written167Lev. 20:18. The implications are the same as for v. 19., a man who would lie with an unwell woman, uncover her nakedness and touch her source? He told him, this was mentioned separately for a reason, to judge the one “touching” as finishing. That you should not say, since he is liable for her [already]168The word was deleted by the corrector but it is necessary for the understanding of the text. Since in Lev. 15 it is stated that simple touching (not sexual “touching”) a niddah causes impurity and is forbidden to the male, her prohibition differs materially from the other sexual taboos. for impurity we should not consider for him “touching” as finishing. Therefore it was necessary to mention (that he is liable for each single one.)169This seems to be extraneous to the discussion. However, since the statement is also found in the Genizah text of Sanhedrin, it seems to be original and explains that Lev. 18:29 decrees separate extirpation and, therefore, separate sacrifices for unintentional sin, for each separate category of incest. He said to him, is it not written170Lev. 20:20., a man who would sleep with his aunt, his uncle’s nakedness he uncovered? He told him, this was mentioned separately to judge by childlessness. But is it not written171Lev. 20:21., a man who would marry his brother’s wife, she is separated? He told him, this was mentioned separately to judge by childlessness, as Rebbi Yudan172The Amora. His counterpart in the Babli is the third generation Amora Rabba (Rav Abba bar Naḥmani). The Babli (Yebamot 55a) applies both statements to both verses. said, where it is written childless they shall be171Lev. 20:21., they will be without children, childless they shall die170Lev. 20:20., they bury their children. Rebbi Yose said, it was necessary that his aunt be mentioned separately, to exclude his maternal brother’s wife174From punishment by loss of children (rejected in the Babli, Yebamot 55a).. It is said here his aunt, and it is said there175Lev. 25:49. Since the subject of the entire Chapter is inheritance, it is understood that only the male line is addressed., either his uncle or his uncle’s son shall free him. Since by his uncle mentioned there, the verse understands his father’s paternal brother, also by his aunt mentioned here, the verse speaks of his father’s paternal sister176In Sanhedrin: His paternal uncle’s wife. This is more appropriate for the argument here since his father’s or mother’s sisters are forbidden by Lev. 18:12,13 and the prohibition is unproblematic.. Also his brother’s wife177Who is forbidden in Lev. 18:16. can be inferred from his aunt. Since by his aunt mentioned there, the verse speaks of his father’s paternal brother’s wife, also by his brother’s wife mentioned here, the verse speaks of his paternal brother’s wife. So far following Rebbi Aqiba. Following Rebbi Ismael? As Rebbi Ismael stated: It is said here his brother’s wife and it is said there178Lev. 20:21, the penalty clause referring to the prohibition formulated in Lev. 18:16., a man who would take his brother’s wife, she is niddah179In biblical Hebrew, the meaning of the root נדד is the same as Arabic نحاد “to separate, to disperse”. This applies both to the menstruating woman (Lev. 18:19), to whom relations with her husband are forbidden, and to the person excommunicated (מְנֻדֶּה) who is separated from the community. In rabbinic Hebrew, the word נִדָּה is used exclusively for the menstruating woman; this is the reference made here, even though the argument is equally valid for the excommunicated person. (Babli Yebamot 54b.). Since a menstruating woman will be permitted after being forbidden, also his paternal brother’s wife may be permitted after being forbidden.180The menstruating woman is permitted after her purification; the brother’s wife may be permitted, viz., if the brother dies childless. In the latter case, “brother” means paternal brother (Yebamot 1:1, Note 45). This excludes his maternal brother’s wife, who cannot be permitted after being forbidden181But for whom no punishment is spelled out.. But Rebbi Ismael himself had a problem: from where does one prove it182This refers to the paragraph before the last, where R. Joḥanan explained that the sister had a special role in the list of incest prohibitions, to deduce that from the different levels of punishment the blanket decree of extirpation really represents separate decrees for each kind of infraction. In Sanhedrin, the name here is Joḥanan. But Ismael may be the correct attribution, since according to one opinion in the Babli, Zebaḥim 107b, this is R. Ismael’s position. S. Liebermann prefers to read “Eleazar” since the supporting argument is quoted in the latter’s name.? Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation183This answers the question. It is rather frequent to find verses containing multiple prohibitions covered by one mention of extirpation where the context makes it clear that each single infraction triggers extirpation.. What is the reason? 184Ex. 30:32,33 regarding the holy oil. Only v. 33 is discussed.It should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation185A person who inadvertently compounds aromatic oil in the same composition as holy oil and uses it on people has to bring two sacrifices. Babli, Makkot 14b.. How does Rebbi Joḥanan treat this? The verse speaks about males. His sister is mentioned to teach about all females186While in the punishments listed in Lev. 20 both sexes are mentioned, the prohibition in Chapter 18 are all formulated for the male, except that the mention of extirpation is formulated (18:29) for “all persons”. Since the punishment for marrying one’s sister is extirpation (20:17) for both partners, it proves that the “persons” mentioned in 18:29 are both male and female.. Does Rebbi Eleazar not accept this? He has it from do not come near187Lev. 18:6, the verse introducing incest prohibitions. While the verse starts אִישׁ אִישׁ it is agreed that the meaning is not “every man” but “every person”., equally male or female. How does Rebbi Joḥanan treat this? He explains it but it is not clear188Since אִישׁ אִישׁ really means “every man” it needs a supporting argument.
מחוור is Babylonian spelling of Galilean מחובר “logically connected”; in the ms. it is a corrector’s change.
, so also from the following: Samuel bar Abba asked before Rebbi Zeˋira, should not well-being sacrifices, being treated separately, split all sancta regarding impurity189Impurity of well-being sacrifices, the only ones available to lay people, is treated at length in Lev. 7:11–27. Impurity of sacrifices available to priests is treated in Lev. 22:1–16. One should assume that a priest who inadvertently eats a combination of impure well-being and other sacrifices has to bring separate purification sacrifices; but this is not the case.? He told him, it was necessary that they be treated separately, to eliminate sancta dedicated for the upkeep of the Temple regarding larceny190While misuse of all kinds of sancta is larceny, it is punishable only if the monetary value of the misuse is at least one peruṭah. Misuse of one half peruṭah’s worth of Temple donations and one half peruṭah’s worth of sacrifices is not punishable., lest one be liable for them because of mushiness191Sacrificing with the intent of eating of the sacrificial meat out of its time and place., leftovers192Eating of sacrificial meat after its allotted time., and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity193This shows that well-being and other sacrifices are equal in the hand of the Cohen, Mishnah Meˋilah 4:1. The categories of mushiness, leftovers, and impurity do not apply to monetary gifts to the Temple. Anything donated to the Temple which is not a sacrifice or a Temple vessel is sold by the Temple treasurer and thereby reverts to fully profane status.,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do split195Somebody committing simultaneous larceny involving gifts to the Temple and sacrifices has to atone separately for the two offenses.. Rebbi Ḥanina196The Genizah text in Sanhedrin reads Ḥinena, preferable for chronological reasons. said, so it is. They split but do not combine197R. Ḥanina’s statement is an assertion that the rules are different for well-being and other sacrifices. This would agree with the Babli, Meˋilah 15a, that in fact well-being and purification offerings do not combine; the contrary statement of the Mishnah is classified as a rabbinic stringency.. If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail198If a pentateuchal verse partially is an exhortation to action and partially a prohibition, it nevertheless forms a logical unit.. 199From here to the end of the discussion there exists a parallel in Kilaim 8:1, Notes 20–36 (Babli Moˋed qaṭan 3a). The punishment for violating a biblical prohibition for which no penalty is specified is by flogging. The problem is that ploughing is not specifically mentioned in Lev. 25. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal200Lev. 25:2., a general principle. Your field you shall not sow, your vineyard you shall not prune201Lev. 25:4., detail. Sowing and pruning were included in the general case; why were they mentioned separately? To include with them; since sowing and pruning are particular in that they perform work on the soil or on a tree, I have only what is work on the soil or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion do they not divide202To require separate atonement if performed inadvertently.? He holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, are they not for making inferences? There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. Rebbi Eleazar said, a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it202*During the Sabbatical year.. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it202*During the Sabbatical year.? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions203For R. Joḥanan, if ploughing is not sanctionable, digging for other than agricultural purposes certainly is permitted. But for R. Eleazar digging is work on the soil (in the language of his argument) but not in the field (as forbidden in the verse.). Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow, not in the Sabbatical; and six years you shall prune your vineyard204Lev. 25:3., not in the Sabbatical at all. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment205As such it is not sanctionable; cf. Sanhedrin 5:3, Note 73.. Rebbi Yose said, there is not even a positive commandment206He takes R. Eleazar literally at his word. If Lev. 25:3–4 represents a general principle followed by a detail (even if the principle is a positive commandment and the detail a prohibition) then by R. Ismael’s rule כְּלָל וּפְרָט אֵין בִּכְלָל אֶלָּא מַה שֶׁבִּפְרָט “general principle followed by detail: the general principle only applies to the detail”, nothing not mentioned in the verse is prohibited.
Since R. Yose was R. Jeremiah’s student, he should be mentioned after his teacher (which he is both in Sanhedrin and Kilaim.)
. Rebbi Jeremiah said, one violates a positive commandment. Why is it written that the Land shall keep a Sabbath for the Eternal200Lev. 25:2.? That is for the prohibition implied by it207This refers to R. Yose’s opinion, that sowing and pruning are forbidden in the Sabbatical but these and all other agricultural work are violations of the positive commandment to give rest to the Land.. I could think that they should be giving lashes for the addition208The prohibition of agricultural work after the harvest of the preceding year, different for work on the soil or on trees. This has nothing to do with the rules of the Sabbath or with general principles of hermeneutics; it is from Kilaim 8:1, Notes 26–28.. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms209Rabbinic prohibitions to prepare fields or prune trees after harvest in the year before the Sabbatical. The time tables are different for different kinds of work; Mishnah Ševiˋit 1:1,2:1.. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar210As explained in the preceding paragraph..
A baraita disagrees with Rebbi Eleazar:211Sifry 70. Babli, Zebaḥim 106a. Beware of, a prohibition. Lest, a prohibition212This is a principle accepted in both Talmudim. A verse stating “beware of” or “lest” does not need an explicit “do not” in order to be classified as a prohibition.. And it is written213Deut. 12:13–14: Beware, and do not offer your elevation sacrifices at any place you see. Only at the place which the Eternal will choosethere you shall offer your elevation sacrifices and there you shall do everything which I am commanding you. This is a general prohibition followed by two specific positive commandments. The two verses are parallel, not logically consecutive as R. Eleazar would require.: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition214A positive commandment to be performed at the Chosen Place and a prohibition everywhere else., so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment215As maintained by R. Joḥanan.. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense216The activities quoted here are all derivatives of ploughing (Babli 73b).. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action217In the Babli, Zebaḥim 107b, according to one opinion this is R. Ismael’s position.. Anywhere one stated categories there are derivatives. There, we have stated218Mishnah Bava qamma 1:1.: “There are four categories of damages. The ox”, this is the horn. Goring and pushing are main categories. Rebbi Ḥiyya stated: If it bit, lay down, kicked, these are derivatives of the horn. There, we have stated219Mishnah Kelim 1:1.: “The categories of impurity, the crawling animal and semen.” What are derivatives of crawling animals? Rebbi Jehudah in the name of Rebbi Naḥum: pushings. What are pushings? Touching220Both in Šabbat and Bava qamma categories are labels of sets of derivatives. But in Kelim, treating of impurity, derivative impurity is less infectuous than original impurity, and there are successive states of derivative impurity. The nature of אָב in impurity really is not comparable to the nature of אָב in the other two cases.. The main category of impurity makes everything impure, derivative impurity transmits impurity only to food and drink, or clay vessels221This is not an exhaustive list and does not take into account that different implements may be subject to impurities in different degrees depending on the kind of original impurity in question. In general, metal vessels may become impure by touch from derivative impurities but not clay vessels (Mishnah Zavim 5:1); all food and drinks may become impure by derivative impurities of the first degree. Babli Bava qamma 2b.. Food and drink and [clay]222Missing in the text but indicated by the construct state of the word כֶּלִי. vessels cannot become main categories of impurity to transmit impurity223This statement requires that מַשְׁקִין be translated as “drinks”. The same word may also mean “fluids”, but human body fluids may be sources of original impurity and the water used for the ashes of the Red Cow may become the source of original impurity.. Gonorrhea. And here, we have stated: “The categories of work are 39.” Ploughing is a category. Rebbi Ḥiyya stated: If one dug a hole, made a ditch, or dug to put in a pole, these are derivatives of ploughing216The activities quoted here are all derivatives of ploughing (Babli 73b).. All categories of work they learned from the Tabernacle4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. What kind of ploughing was in the Tabernacle? They ploughed to plant dyestuff224To dye threads used to weave the gobelins of the Tabernacle and the priest’s garments.. How much does one have to plough to become liable? Rebbi Mattaniah said, enough to plant a leek. Rebbi Aḥa bar Rav said, enough to plant a wheat sprout. There225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7)., we have stated: “Two green melon226This is Maimonides’s determination, cf. Kilaim 1:2 Note 38. In modern Hebrew the word means “zucchini”. seeds make liable, two squash seeds, two Egyptian bean seeds.” It was stated, two Median wheat kernels. Rebbi Samuel in the name of Rebbi Zeˋira: Since wheat was so much appreciated they treated it like garden vegetables that are not eaten225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7).. For everything which improves the soil one is liable227According to the Babli, 103a, the liability is triggered by the most minute amount of work, contradicting the opinions in the Yerushalmi earlier in this paragraph. because of ploughing: One who digs228A cistern or other storage facility., who cuts229A ditch (for irrigation or drainage)., who inserts230A spike or log in the ground, for making a fence., who deposits dung231Leads his animal onto the property so they should fertilize it by their droppings., who hoes, who fertilizes, who sweeps232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who sprinkles232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who splits blocks233A block of earth which must be broken up before it can be sown., who clears forests, who sets fire to reed thickets234Also for clearing for agriculture. or palm swamps, and following Rebbi Zeˋira a water canal prepares its banks for sowing235Since the banks are watered automatically. Babli Moˋed qaṭan 2b in the name of Rabba (Abba bar Naḥmani, contemporary of R. Zeˋira)., who removes stones236To turn barren land into an agriculturally usable area., who builds terraces237On hill slopes., who fills the rifts under olive trees, and who makes depressions for vines238For watering the individual vines., and for anything which improves the soil one is liable because of ploughing. 239This paragraph also is in Beṣah 1:3; its main subject are the rules of the holiday. However, since Mishnah Megillah 1:8 states that the only difference between the rules for Sabbath and for holidays is that preparation of food is permitted on holidays, the discussion is relevant also for the rules of the Sabbath. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who cooks carcass meat on a holiday is not flogged, because the category of cooking is permitted on a holiday240It is presumed that carcass meat, which is forbidden as human food, is not prepared as animal feed. For R. Joḥanan (Babli Beṣah 12b) since making fire and cooking is permitted for preparing food on the holiday (Ex. 12:16) it is permitted for any purpose.. Rebbi Simeon ben Laqish said, he is flogged, for the category of cooking is permitted only for food241He disputes that cooking be permitted for anything that is not food.. Rebbi Abba bar Mamal objected to this [statement] by Rebbi Joḥanan. Then one who ploughs on a holiday should not be flogged since actions of the category of ploughing are permitted on a holiday242This refers to Mishnah Beṣah 1:2. Since preparation of food is permitted on a holiday, it is permitted to slaughter for food. If a bird or a wild animal is slaughtered, its blood has to be covered by dust (Lev. 18:13). If no dust is available, the House of Shammai permit to take a prong and dig up some dust; the House of Hillel hold that in this case one should not slaughter but they agree that if one slaughtered one may take a prong and dig. Digging is a derivative of ploughing as noted in the preceding paragraph.. Rebbi Yose in the name of Rebbi Ila: ordinary ploughing was not permitted243Since no spade is authorized, the work is not professional and, since the intent is not to prepare the soil for agriculture, the prohibition is rabbinical; the Houses of Shammai and Hillel do not disagree about the interpretation of a biblical commandment.. Rebbi Shammai said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Ila, this244Both the Houses of Shammai and of Hillel do permit to use a spade; they must hold that the intent determines liability. is Rebbi Simeon’s, for Rebbi Simeon said, only if he needs the essence of the matter245There is liability only if the prohibited action is the object of his intent, not a by-product. Cf. Chapter 2, Note 19.. Rebbi Yose met Rebbi Aḥa. He said to him, did you say this? But did not Rebbi Joḥanan say, the words of Rebbi Meïr are that in 24 matters the House of Shammai are lenient and the House of Hillel restrictive, and this is one of them. Should we say 23246Since in this interpretation both Houses agree that the digging does not create liability and the biblical commandment to cover the blood overrides the rabbinic “fence around the law”.? But Rebbi Meïr and Rebbi Simeon both said the same247Mishnah Beṣah 1:2 is anonymous and therefore presumed to be R. Meïr’s. If it implies the position of R. Simeon then both must agree in this matter. The opponent of R. Simeon in this matter is Rebbi Jehudah, student of his father R. Ilai, who was a student of the Shammaite R. Eliezer. It is intrinsically unlikely that the House of Shammai should accept what later was formulated by R. Simeon.. But were we not of the opinion that Rebbi Yose and Rebbi Simeon both said the same248Chapter 2, Note 19. Babli 31b.? Should we say, Rebbi Meïr, Rebbi Yose, and Rebbi Simeon all three said the same249Then we should hold that this is their (direct or indirect) teacher R. Aqiba’s position and it is difficult to fathom who would disagree; but we see that this opinion is not generally accepted in tannaitic sources.? But matters which are problematic for the rabbis are obvious for you; are those which are obvious for the rabbis [problematic for you]250The words in brackets are added from the text in Beṣah. “Everybody else questions whether R. Meïr agrees with R. Simeon while you assert this. Then you will have to question what in the sequel is stated as the rabbi’s opinion.” S. Liebermann refers to this sentence the remark of Or zaruaˋ Šabbat 55, that he suspects this Yerushalmi paragraph to contain a scribal error.? If one harvested for grasses251He was weeding and using the uprooted weeds as fodder. This is forbidden on a holiday as it is forbidden on the Sabbath, but since there is a question of multiple liabilities the reference is to the Sabbath. he is liable for harvesting but is not liable for improving the soil. There is only the problem if he harvested in order to improve the soil. Is he liable for harvesting and for improving the soil? Even if you say it follows Rebbi Simeon, but for the rabbis in any case he ploughed, in any case he harvested252In the Babli, these rabbis are identified with R. Jehudah.. Rebbi Mana said, the words of the rabbis support Rebbi Yose, for Rebbi Ḥiyya said in the name of Rebbi Joḥanan, if one compressed a fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for its body he is not liable, but if to produce fish sauce he is liable. Even if you say that he said this following Rebbi Simeon, but for the rabbis in any case he compressed, in any case he produced fish sauce254This is all one liability; since he compressed the fish he produced fish sauce and is liable. The Babli holds that R. Simeon agrees that in this case there is liability; technically this is called פְּסִיק רֵישָׁא “cut off the head”. The image is that of a murderer who claims that he never intended to kill his victim, only to cut off his head. Since death is an automatic consequence of cutting off the head, he is guilty of murder. Similarly in the Babli, R. Simeon agrees that an automatic consequence of an intended action is included in the intended action; the Yerushalmi disagrees (and, therefore, does not declare that R. Simeon defines practice.). For any activity which quickens a fruit to ripen one is liable because of sowing. One who plants, who sinks255He takes a branch of a vine, bends it down into a ditch, covers the ditch with earth, and lets it come out again. Then the branch will grow roots in the earth and one has a new vine., who grafts, who prunes, who trains256He binds the branches to an espalier., who removes dead branches, who dirties257In modern terms, applying pesticide (Mishnah Ševiˋit 2:4)., who removes leaves, who dusts258This also is a way to combat insect infestations., who smokes259Either to smoke out worms and insects or to protect against cold spells., who removes worms, who sprinkles with ashes258This also is a way to combat insect infestations., who oils, who waters, who drills holes260Punctures unripe sycamore figs to let them ripen for human consumption., who makes houses261No convincing explanation is available for this expression., and for anything which quickens a fruit to ripen one is liable because of sowing. 262This paragraph is also on Kilaim 8:1 (Notes 32–36, כ) and Sanhedrin 7:5 (Note 125, נ).[Rebbi]263Added from the parallel sources. Zeˋira, Rav Ḥiyya bar Ashi in the name of Cahana264Since Ḥiyya bar Ashi was among the older students of Rav, Cahana mentioned here must be an older Sage (Cahana I) who already was a recognized authority when Rav returned from Galilee to Babylonia.: He who is planting on the Sabbath is guilty because of sowing. Rebbi Zeˋira said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., according to Rebbi Zeˋira only on one count. Did not Rebbi Zeˋira say the pruner is like the planter, did he say perhaps the planter is like the pruner266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3.? All was included in the category of sowing; pruning was singled out for particular stringency267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. Because pruning was singled out for particular stringency you want to exempt it because of sowing? This means, there is no difference. If he planted and pruned on the Sabbath, according to both Cahana and Rebbi Zeˋira he is guilty on two counts. “And who harvests.” Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” One who cuts sponge265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., papyrus, or corals266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3. is liable for harvesting and planting267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. One who cuts coriander, leeks, celery, rocket268Accadic gergirū, eruca sativa., endives269Greek τρώξιμος, -ον, “edible”; τά τρώξιμα “vegetables eaten raw”, in rabbinic sources traditionally used for endives., sesame270With the quote in Arukh, reading כשומין., mint, is liable for harvesting and sowing271For garden vegetables, “sowing” is the appropriate word. The reason is the same as in the preceding case, Note 267.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who puts a flowerpot with a hole on a flowerpot with a hole is liable for harvesting and sowing272If something grows in a flowerpot with a hole in the bottom through which the soil absorbs moisture, removing the pot from the soil amounts to harvesting. Putting it down again, even on an empty flowerpot with a hole in the bottom, enables moisture to be absorbed again and amounts to sowing.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who cuts down the stem of a sycamore is liable three for it273Sycamores grow again when cut down. Therefore cutting on the Sabbath is both harvesting and planting. The third offense is not connected with the cutting; Note 275.. Rebbi Yose ben Rebbi Abun said, they274The two statements in the name of R. Simeon ben Laqish are consistent with one another. do not disagree. One who cuts it is liable for harvesting and for sowing. One who planes275This turns a tree into building material. it is liable for hitting with a hammer7A name for the formal end of any production process.. The rabbis of Caesarea say, one who catches a fish or anything by which he separates it from the environment it needs to live is liable because of harvesting276The action which qualifies as harvesting is removing the fish from the water. This applies also to fish already caught but kept in water.. “He who binds into sheaves.” Rebbi Samuel bar Sosartai asked, what are the derivatives of binding into sheaves? Rebbi Yose: I heard the reason following Rebbi Simeon277R. Simeon ben Laqish who earlier was reported to have established derivatives for all categories mentioned in the Mishnah. from Rebbi Aḥa, but I do not remember what I heard. What about it? One who pounds278To separate the grain from the shell. rice279Greel ὄρυζα, ἡ., barley, groats280Latin alica, -ae., is liable because of threshing. He who spreads out ṣeli figs281He is spreading out fruit or food to dry. The translation of צלין as “figs for drying” is tentative, cf. Peah 7:4 Note 86., raisins, 282This word is totally unexplained. Brüll in his review of Levy’s Dictionary proposes to read מטוטלה “bunch (of berries)”, but the word should denote a definite kind of fruit (or meat?) put out to dry in the sun.מסוסלה, bucellata283A kind of bread consisting only of crust; cf. Ḥallah 1:6 Note 182. Italian buccella “bread crust”., is liable because of binding into sheaves. For anything involving food one is liable because of binding into sheaves, involving shells because of threshing284For consistency, probably one should read the sentence about threshing after the one about binding into sheaves.. A woman if she mixes wheat285If she mixes different qualities of wheat grain and then shakes the mixture to distribute the different kinds evenly, the bran will fall off by the shaking. For each kind of work one investigates the maximum number of liabilities created., because she is sifting; if she breaks the tips286Of whole grains. The outer shells will fall off; this is threshing., because she is threshing; if she breaks the sides287She takes the grain out of the peel., because she is selecting; if she hits, because she is grinding; if she sifts, because she is winnowing; if she completes her work, because she is hitting with a hammer288In contrast to the Babli, the Yerushalmi admits a liability for “hitting with a hammer” for completing professional work even for the preparation of food.. This linen weaver with a mallet289Greek κόπανον, τό “pestle”. because of threshing; with a roller because of grinding; with a winnowing shovel290Reading מערוכה for מערובה “mixer”. because of winnowing; with a spoon because of selecting; if he splits because of using a hatchet; if he tears out291Cutting linen thread, not plucking flax plants. because of cutting; if he completes his work, because he is hitting with a hammer. One who is grinding garlic, if he breaks the tips, because he is threshing; if he takes the outer leaves, because he is selecting; if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he completes his work, because he is hitting with a hammer. This sausage maker292The word appears only here and in Beṣah 4:4. The translation follows Meïri in his Commentary to Babli Beṣah 32a, accepted by S. Liebermann., if he selects293Reading מבחר for מכחד. shavings for casings, because of selecting; if he hacks with a coarse file, because of threshing, if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he fills a hollow294Latin antrum, -i, “cavity”., because of building; if he cuts off bast, because of cutting; if he completes his work, because he is hitting with a hammer. Rebbi Ḥiyya in the name of Rebbi Joḥanan, if one compressed fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for their body he is not liable, but to produce fish sauce he is liable. Rav295As the sequel shows, one has to read רב for רבא. said, if one compressed pickles296Vegetables or fruits preserved in vinegar without cooking., if for their body it is permitted, for their fluid it is forbidden297The prohibition is rabbinical only since the fluid absorbed by the pickle it from the outside. Pressing an orange on the Sabbath is a biblical infraction creating liability but squeezing a pickle is not.. Preserves298Preserved by cooking for an extended time. both for their body or their fluid is forbidden299In the Babli 145a: “permitted”.. Samuel said, both for pickles and for preserves, both for their body or their fluid it is forbidden. Rebbi Ḥizqiah said, the statement of Rav disagrees with Rebbi Joḥanan. Rebbi Mana asked him, why? Because one said forbidden and permitted but the other said liable and not liable300R. Joḥanan notes that compressing fish for their body is rabbinically prohibited but creates no biblical liability while for its fluid it would be a biblical infraction, but Rav states that compressing pickles for their body is permitted, for their fluid does not create biblical liability.. Rebbi Abba bar Mamal said, if one crushed an onion, if it was to give taste it is forbidden, if to reduce its sharpness it is permitted301In the first case he creates on the Sabbath a kind of spice that did not exist before; this is rabbinically forbidden. In the second case where he takes already existing food and improves it, it is a permissible way.. Rebbi Zeˋira in the name of Rav Huna: One may hide a radish in salt on condition not to leave it there302It cannot stay until after the Sabbath since one may not prepare from the Sabbath for a weekday. Cf. Babli 108b.. Rebbi Zeˋira in the name of Rav Huna: [If there came]303The addition is from the quote of the sentence in Meïri ad 73b. his clothes from the tailor he may wear them; if they tore304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments. they tore. Rebbi Zeˋira in the name of Rav Huna: If his garments were entangled with thorns he straightens them out in a guarded place on condition that he not tear304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments.. Rebbi Zeˋira said in the name of Rav Huna: If (he took) mortar [fell]305Reading נפל for נטל. on his garments he may rub it off with one hand, on condition that he not grind down. Rebbi Zeˋira in the name of Rav Huna: mint, one is permitted, three is forbidden, two is questionable306In the interpretation of S. Liebermann, crushing one mint plant is permitted, three already is professional work and forbidden. It probably does not mean that 1, 3, 2 people are involved in the work (cf. Babli 113a).. One who bathes, Rav Huna and Rav Jehudah. One said, so it is permitted and so it is forbidden307It is not spelled out what kind of washing is permitted and what is forbidden on the Sabbath since R. Zeˋira, whom we follow, only permits dunking oneself in the water but nothing else.. But the other one said, so and so it is forbidden. Rebbi Abba bar Zamina went bathing with Rebbi Zeˋira; he did not let him do either one or the other. If water fell on his garments. Rav Huna and Rav Jeremiah. One said, to shake it off is permitted, to rub it off is forbidden; but the other one switches308The problem is that it may wash the garment; cf. Babli 147a line 1 ff.. Rebbi Abba (bar)309Read: R. Abba in the name of R. Ḥiyya bar Ashi, as in the next sentence. Ḥiyya bar Ashi, one who spits absorbs it in his garment and does not worry310He puts his shoe on the spittle and crushes it. This is a problem on a dirt floor. Babli 121b.. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi, the Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi disagreed. One said, one spits and crushes; the other said, one does not spit and crush. Where do they differ? If it is not on a mosaic floor311Greek ψῆφος, ἡ, “pebble, mosaic stone”, meaning a stone floor.. But if there is a mosaic floor he spits and crushes. If he spat and the wind carried it away he is liable because of winnowing; and for anything which is diminished by the wind312Since he wanted to spit, it is intentional. If then the wind carries it farther than 4 cubits in the public domain, he is liable. Similarly in other cases where he intentionally initiated the action. Babli Bava qamma 60a, Bava batra 26a. one is liable because of winnowing. “And who selects.” Rebbi Yudan said, one picks out pebbles the entire day and does not incur liability, and one takes the volume of a dried fig and immediately incurs liability. How is this? If he was sitting on top of a heap of grain and picks out pebbles the entire day, he does not incur liability313Since by sitting on top he cannot reach the lower parts of the heap, there will remain pebbles in the grain; the grain will not qualify as pebble-free and command a higher price on the market. Since in the Mishnah “selecting” was mentioned in preparation to milling, and grain with pebbles cannot be milled, his action does not qualify as “selecting” in the sense of the Mishnah. But taking a small quantity in his hand allows him to clear out all stones; this is “selecting” and biblically forbidden on the Sabbath. Babli 74a.; if he took in his hand the volume of a dried fig and picked out he is liable. 314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical. Rebbi Jonah asked, if he did this on the Sabbath, in the opinion of the House of Shammai would he be liable? Rebbi Yose said to him, why not? If he did it on the Sabbath would he not be liable according to the House of Hillel? And here he is liable. Rebbi Mana said, my father Rebbi Jonah said it correctly. It is a problem only for the House of Shammai. Why? Because the category of selecting was permitted on the holiday, nothing of the category of selecting was permitted on the Sabbath315The objection of R. Yose is pointless. There is no problem for the House of Hillel since they hold that selecting as a category is permitted on the holiday but forbidden on the Sabbath. But we do not know whether the House of Shammai hold the same and are rabbinically restrictive on the holiday more than the House of Hillel or whether they hold that selecting does not belong to the preparation of food but to preliminaries to preparation which are not exempted on the holiday and for which, therefore, the rules are identical on Sabbath and holiday. Since in his days, in the middle of the Fourth Century, the House of Shammai had disappeared for 250 years, no answer can be given.. 316Here starts a new Genizah fragment (G) edited by L. Ginzberg, p. 84.
The paragraph has a parallel in the Babli, 74a/b.
If one selected food out of food, Ḥizqiah said, one is liable; Rebbi Joḥanan said, one is not liable317It is somewhat difficult to understand Ḥizqiah’s position. What is biblically forbidden on the Sabbath is removing chaff from food, not food from chaff (except, as mentioned later in this paragraph, if the entire batch was cleaned, when there is no difference what was taken from where.) Biblically Ḥizqiah would have to forbid to remove the food one does not want to eat from the food one wants to eat; the other way would only be rabbinically forbidden.. A baraita disagrees with Ḥizqiah: He selects and eats, he selects and puts on the table318For immediate consumption. There is no difference whether one puts food in his own mouth or in others’.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: explain it if guests were eating what was served. But was it not stated: On condition that he did not select all of its kind? In the opinion of Ḥizqiah, because one who selects (normally)319To be deleted with the other two sources. on the Sabbath is liable. In the opinion of Rebbi Joḥanan, because one who selects normally at (one) [another]320The text in brackets (following the other two sources) is the correct one. The “other place” is the Sabbath; the origin of this paragraph also is in Beṣah. Liability on the Sabbath can always be avoided by doing things in a decidedly unprofessional way; the mention of doing things “normally” is appropriate here. place is liable. In the opinion of Ḥizqiah, even rings among rings321String figs from a heap of string figs., even pomegranates among pomegranates. Or is it so, even people among people322Then it would be forbidden on the Sabbath to call people to read the Torah unless they had been selected beforehand. This we never heard.? How is this? Everybody agrees with that of Rebbi Immi. For Rebbi Immi had guests; he brought before them lupines323Greek θέρμος, ὁ. and beans324Greek φάσηλος, ὁ.. He told them, be careful to eat (the wood-chips)(the sticks) [the artichokes]325The first alternative is the conjectured meaning of the word in the Leiden text in Šabbat, the second word that of the Leiden text in Beṣah, the probably correct choice is the third, from the Genizah text, Greek κινάρα. If this reading is accepted, following S. Liebermann, then the statement is that on a holiday it is permitted to select anything for immediate consumption, even if there are no remainders, and eat a different dessert at the end. at the end. It was stated: One does neither select, nor grind, nor sift. He who selects, or grinds, or sifts, on the Sabbath is stoned. On a holiday he absorbs the 40326The 39 lashes which are the standard punishment for breaking biblical prohibitions for which no other biblical punishment is specified. The Babli disagrees and declares these activities only rabbinically prohibited on a holiday, cf. Tosaphot 95a, s. v. והרודה.
While preparing food is biblically permitted on a holiday as shown later in the paragraph, there is a dispute between the anonymous majority and R. Jehudah whether this includes preparations which could have been made the day before without impairing the quality of the food, which the majority prohibits and R. Jehudah and Rabban Gamliel permit. It is stated here that for the majority the prohibition is biblical, at least concerning preparations for baking.
. But did we not state327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”? Rebbi Ḥanina from Antonia said, this is Rabban Gamliel’s, for “Rabban Gamliel says, also he puts them in water and scoops off.” And (did we not state) [was it not stated]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets., in the household of Rabban Gamliel they were grinding pepper in their mills314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical.? It is permitted to grind but forbidden to select. Rebbi Yose (in the name of Rebbi Ila) [ben Rebbi Abun]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets.: Grinding as a category was not permitted329Rabban Gamliel will agree that milling flour is biblically forbidden on a holiday; he will hold that grinding pepper in a peppermill is not professionally grinding and not something which may be done the day before without impairing the quality of the spice.. And from where that one may neither select, nor grind, nor sift? Rebbi (Yose) [Aḥa]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets. in the name of Rebbi Simeon ben Laqish: No work shall be done on them up to and you shall guard the unleavened bread330Ex. 12:16–17. The text omitted by the quote “up to” permits preparation of food on a holiday, as quoted later in the paragraph.. (It was stated.)331This has to be deleted with the other two sources. Rebbi Yose asked, but did one not infer cooking only from there? Rebbi Yose did not say so, but Rebbi Yose in the name of Rebbi Simeon ben Laqish: Only what can be eaten by every person this alone may be made by you, up to and you shall guard the unleavened bread332There is nothing missing between the two quotes, so that the note “up to” seems to be superfluous. The meaning is explained in Tosaphot Beṣah 3a s.v. גזרה (at the end): vv. 16,17 form a unit: what can be eaten by every person this alone may be made by you, and you shall guard the unleavened bread. Any preparation of mazzah which requires guarding against possible leavening is permitted on the holiday, anything preceding this, i. e., mixing flour with water to make dough, is forbidden.. Ḥizqiah stated in disagreement333Against the Mishnah where the House of Hillel permit selecting. G ends here.: only, every, person, are diminutions, not to select, nor to grind, nor to sift on a holiday. 335This text also appears in Chapter 20 (17c line 35, noted 20; the Genizah text of Chapter 20 edited by J. N. Epstein is noted E). The parallel in the Babli is in 138a where the argument of R. Zeˋira is quoted in his name but the introductory statement is in the name of Rav Cahana. In Beṣah, the original author is Rav, not Samuel. This may be a lectio facilior since Rav Ḥiyya bar Ashi was a companion of Rav; but if Rav Cahana is Cahana, the stepson of Rav, it would represent a Babylonian tradition. Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Jonah and Rebbi Yose both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina336The coarser pieces. on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted337On a holiday, as shown later from Mishnaiot.
Here starts a new Genizah leaf (Ginzberg, p. 85).
. The category of selecting was permitted327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging338Mishnah Šabbat 20:1. According to the anonymous majority on a holiday one may not put a filter on top of a barrel because this is an activity not covered by the general permission to prepare food, but if the filter already was in place one may filter wine on a holiday.”. But the category of sifting was not permitted. As Rebbi Ḥanina ben Yaqe said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve339This sentence, while it is at this place in all sources, does not belong here but at the very end of the paragraph where it answers to a question raised there. If flour had been sifted before but the housewife wants to sift it again on the holiday before using if for baking, she may turn the sieve upside down and use it with the sieve instead of being concave downwards being convex upwards. This is unprofessional and therefore not biblically forbidden even according to the opinion stated in the preceding paragraph that all preparations preceding making dough are forbidden on the holiday. Cf. Babli Beṣah 29b.. If you say it is because of sifting, it340Filtering. should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, (in truth) [also]341The text in parentheses is from the Leiden ms.; that of the other sources is in brackets. Both are possible. preparations for making food they permitted342Tosephta Megillah 1:7.. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve? “And who grinds.” He who pulverizes salt, clay shards, peppers, is liable because of grinding. He who cuts into little pieces chalk, gypsum343Greek γύψος, ἡ., chaff, sand, dirt, is liable because of sifting. He who kneads chalk, gypsum, dust, eye-salve344Greek κολλύριον, τό., plaster345Greek μάλαγμα, -ατος, τό., drugs, is liable because of making dough. One who makes dough, or kneads dough, or forms dough, all are because of making dough. Rebbi Abba bar Mamal asked, there346Mishnah Menaḥot 5:2. The shew bread has to be unleavened. Violating this rule at any stage of the preparation of the bread is a separate biblical violation for each stage. you say, “and he is liable for making its dough, and for its forming, and for its baking,” and here you are saying so? But there he has to divide for he is liable for each single one, but here347For the rules of the Sabbath, kneading the dough and forming it into the required shape count only as one liability. he is liable only once. You see that baking is a derivative of cooking, and you are saying so? But it was stated here since we are stating the order of the dough348In Mishnah 2, one would have expected “cooking” to be listed as the name of the category; for it is the more widely applicable notion, and baking as derivative. But since the Mishnah is organized in describing the making of the shew-bread (Note 4) the category of cooking is labelled “baking”. Babli 74b.. He who burns potter’s350Reading קדר “potter” for unexplained קרד. clay, softens glass351Following G, reading Greek βῶλος, ἡ, “lump, clod”., melts pitch, melts 352This word is unexplained. In other contexts, מוסר is “one who delivers; informant”. Cf. Greek μίσυ, -υος and -εως, τό, “copper ore from Cyprus” (E. G.).מוסרין. Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: One who melts down lead is liable because of cooking353Babli 106a, Yebamot 6b.. One who roasts, or who fries, who preserves by cooking, or by smoking, all these because of cooking. If somebody cooked in the hot springs of Tiberias, what354Cooking in hot springs may be forbidden rabbinically; it cannot cause liability. Babli 40b.? Ḥizqiah said, it is forbidden; Rebbi Joḥanan said, it is permitted. Rebbi Mana said, I went to Caesarea and heard Rebbi Zeriqan in the name of Ḥizqiah; for Ḥizqiah it was a problem: what if the Passover sacrifice was cooked in the hot springs of Tiberias355The question is quite difficult since the Passover must be slaughtered in the Temple and roasted and eaten nearby. The question is really if the Passover was treated by what biblically is not cooking before being roasted, whether this invalidates the sacrifice.? Two Amoraim, one said, it is forbidden; the other said, it is permitted. He who said, it is forbidden, do not eat from it raw, nor cooked in water356Ex. 12:9. The first part of the verse invalidates the sacrifice heated by hot water.. But he who said, it is permitted, but only roasted in fire, its head with its feet and its innards357The second part of the verse validates it if the formal preparation was roasting over an open fire.. All these measures358The general principle underlying the minimal amounts which create liability as explained in the later Mishnaiot of this Chapter and the following Chapters., if for food, in the volume of a dried fig, if for an animal, the mouthful of a kid goat, if to cook, to cook a quick egg359A chicken egg., [ ]360In the Leiden ms. there is no lacuna here, but in G one reads … לתבל ביצ ..… This supports the reading in Or zaruaˋ Šabbat §62: אִם לָתַבֵּל כְּדֵי לָתַבֵּל כֵּיצָה קַלָּה “if to spice, enough to spice a quick egg”., if to weave, the length of a double siṭ361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ., if to spin, the width of a double siṭ. “He who shears wool.” If he shore without specification,361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ. what? Let us hear from the following: If one brought out ink, if it was in a reed362Greek κάλαμος, -ου, m., Latin calamus,- i, m., in order to write two letters, if to correct, enough to correct one letter363Writing on the Sabbath creates liability if it may make sense, which means that a word may be formed, or at least two letters. But in correcting, changing a single letter may change the meaning of a word. Therefore if the specific intent was for correcting, the general rule (Mishnah 3) is superseded by a more restrictive one. Similarly here, specific intent in shearing may reduce the amount which creates liability; the absence of specific intent cannot reduce it.. There, we have stated364Mishnah Bekhorot 3:3. Slaughter of a wooly animal cannot be made through thick wool since the fleece might deflect or damage the knife, which would make the slaughter invalid and the animal into carcass meat. Therefore it is necessary to clear some area for the slaughter. It is biblically forbidden to shear a firstling (Deut. 15:19). The Mishnah states that tearing out hairs from the animal’s fleece is not shearing.: “He who slaughters the firstling makes space for the dagger on both sides and tears out the hair, but he should not move it from its place. Similarly, he who tears out hair to see a defect365Which would make the firstling secular property of the Cohen, (Deut. 15:20)..” Rebbi Ila in the name of Rebbi Simeon ben Laqish: One who tears out hair from a dedicated animal is not liable366As the Sabbath is concerned, this is unprofessional and therefore does not create liability while still being forbidden.. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish follows his own opinion, as they disagreed: If one tears out hair from a dedicated animal, Rebbi Joḥanan said, he is liable367As illegitimate use of dedicated property.; Rebbi Simeon ben Laqish said, he is not liable. Rebbi Jeremiah asked, is not Rebbi Simeon ben Laqish’s reasoning inverted? Since they disagreed368The previously recorded disagreement with R. Joḥanan has to be reconciled with the generally accepted Tosephta which follows.. “One who tears out a wing of a bird, who plucks it, and who cuts it is liable under three [categories].369Tosephta 9:20.” Rebbi Yose ben Rebbi Abun said, they370The two opinions of R. Simeon ben Laqish, that tearing out hairs from a four-legged animal does not create liability but tearing out feathers from a bird does. do not disagree. He who tears out is liable because of shearing; he who plucks out is liable because of wiping clean; he who cuts it is liable because of hitting with a hammer. But it cannot be compared; for a bird which has no shearing, tearing out is its shearing371Babli Bekhorot 25a.. But here372In the case of the four-legged animal. he is not liable unless he sheared. You should know that this is so since it was stated: If he tore from a dead animal he is liable since tearing is its shearing. “Who bleaches it.” He who impregnates wood for vessels and ropes for a windlass373For נחבלין אליקה in G one reads חבלין אל יקה. The translation, which is tentative, is based on Liebermann’s emendation to read וחבלין לאליקה reading the last word as Greek ἕλικα, accusative of ἕλιξ (identified by Jastrow).. This woman who painted her face red374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting. and painted her spindle red375As advertisement that she was available for prostitution. In all these cases, the statement that she is liable for painting is missing. The full text is quoted by some Medieval authors, e. g. Roqeaḥ Šabbat 68 (but he reads, “she paints her coat red”.. This tailor who took a thread into his mouth376The commentaries explain that he does this to bleach the thread.. Rav Cohen in the name of the rabbis of Caesarea: Asbestos377Greek ἀμίαντος, -ον, “pure” (adj.); ὁ ἀμίαντος λίθος, Latin amiantus “asbestos”. There is bleaching and dying for mineral material. is liable because of bleaching. “Who cards it.” He who cards date palm fiber, papyrus, is liable because of carding378Even though these are not textiles. Date palm fiber is lifa in Arabic.. “Who dyes it.” What kind of dying was in the Tabernacle? They were clobbering an animal for red skins of rams379Ex. 25:5, 26:14.. Rebbi Yose said, this implies that he is liable who causes a wound which results in echymosis380If the blue spot stays blue more than 24 hours.. He who colors his lips red is liable374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting.. He who causes bleeding, because of taking away life force at that place381Lev. 17:11. This does not refer to slaughter which is mentioned separately in Mishnah 3, but to a non-lethal wound. Babli 75a/b.. He who makes a shape, the first one is liable because of writing and the second one because of dying382Assuming that the first person draws an outline and the second fills it with color. The Babli 75b notes that if the object is decoration of the vessel, he also is liable because of “hitting with a hammer”.. If he left out a limb and another came and finished it, he is liable because of hitting with a hammer7A name for the formal end of any production process.. Wringing and washing are the same category of work. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, the dyers in Jerusalem made wringing a separate category of work. In the opinion of Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, there are 40 categories of work383Since it is not listed separately in the Mishnah.. Should we state this? We come to state only items to which everybody agrees. One who makes ropes. The one who twines them is liable because of spinning384The Babli 95a rules that braiding women’s hair is building.. One who makes basket work of reeds385The translation follows Levy; it is tentative., sieves, bast mats, is liable because of weaving. A woman when she prepares the loom, because of preparing. When she fastens the web,386The word in the text is unexplained. The translation follows R. Ḥananel who in his Commentary to 75a reads קירומה, which is interpreted as Greek καίρωμα, -ατος, τό. This is derived from καῖρος, ὁ, “row of thrums in the loom, to which the threads of the warp are attached” and the corresponding verb καιρόω “make fast these threads”; καίρωμα therefoe means “web so fastened”. because of tying threads. When she erects [the loom], because of building. When she hits387She pushes down the threads of the woof; this is the essence of weaving., because of weaving. When she cuts the threads, because of cutting. When she finishes her work, because of hitting with a hammer. One who makes boxes, when he starts, because of preparing. When he tailors388This is the only occurrence of חייט used as a verb. G reads “acting as cutter”, cf. شرط “to cut, to tear”., because of sewing. When he bends, because of building. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. One who makes bed-sheets389A conjectured meaning of מלין ערסװן “contents of beds”. Or zaruaˋ Šabbat 64 reads an unexplained ערסמו. G treats מלין and ערסװן as two different objects and has for both of them the full list of operations. J. Sussman reads in G not מלין (Ginzberg’s reading, unidentified as an object) but סַלִּין “baskets”., lengthwise because of preparing, crosswise because of weaving. Grating, because of tying threads. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. There are two warp threads per peg and two pegs for each warp thread390The pegs are on top and bottom of the loom, holding the threads of the warp.. “He who weaves two rows, who hits two threads, who ties, and who unties.” 394This paragraph and the next are also in Chapter 15, on Mishnah 15:1 (15), What tying was in the Tabernacle? They were tying down the ropes395Needed to tie the gobelins which formed the lowest part of the roof to the posts. Mentioned Ex. 35:18. Babli 74b.. But was this not temporarily396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., was it like temporarily? Rebbi Yose [ben Rebbi Abun]398From G and 15, confirmed by Or zaruaˋ Šabbat 67. said, since the Holy One, praise to Him, has promised them that he will bring them into the Land, it is as if it were (temporary) [permanent]399The text in (parentheses) is that of the corrector of the Leiden ms. and the scribe in 15, the one in [brackets] is of the original scribe here, the corrector in 15, and G. Since the Tabernacle was finally fixed at Shilo, there the ties were permanent. The other argument notes that while the times of disassembly of the Tabernacle were not predictable, the fact of future disassembly was a certainty; these ties were not permanent.. Rebbi Phineas said, they learned it from the gobelin sewers. If [a thread] broke, he was tying it. If it broke again, it was impossible to make many knots but he would untie the first one400Therefore both tying and untying happened during the construction of the Tabernacle and are correctly mentioned in the list of Sabbath prohibitions.. Rebbi Ḥizqiah said, an expert tailor merges the two heads401The previous argument is not convincing. An expert in invisible mending can connect the threads without a knot being noticeable.. And where was this said? As Rebbi Yose ben Rebbi Ḥanina said, they learned it from the weavers of the gobelins. What is the reason? The length of one gobelin402Ex. 26:2. To form a single unit, a gobelin could not have a broken thread even temporarily., that it should be an entity403For reasons of chronology, the [reading] of G is to be preferred over that of the (Leiden ms.) here and in Chapter 15.. If [a thread] broke, he was tying it. When he came to the weave, he untied it and brought it in. Rebbi Tanḥuma in the name of (Rav) [Rebbi]404For the purposes of the construction of the Sanctuary everything had to be perfect; no broken threads to be repaired. The only possible explanation remains the first one. Ḥuna: Even on its warp there was neither knot nor connection405A scribal error.. Rebbi Hoshaia stated, a basket of palm leaves for dates or a plate407Greek πάτελλα, ἡ. of palm leaves one may tear and open, only one may not tie408Chapter 6, Note 41. Here ends the parallel in Chapter 15.. Is this not untying? It is like one who breaks an amphora to eat dried figs409It is permitted in Mishnah 22:3 to break a sealed amphora to reach the food contained in it, on condition that one not intend to make a vessel out of the shards.. The handles of a double sack410Greek δισάκκιον, τό. one may tie and untie. It is as if one opened or locked on the Sabbath. 411This paragraph is from Kilaim 9:7 (Notes 162–167,כ); its topic is kilaim, the prohibition to wear linen and wool together, in particular the problem how many stitches it needs to connect linen and woolen cloth to constitute a violation of the prohibition. Only at the end is a connection made with the laws of the Sabbath. Rebbi Ḥanina said, not until it comes down an entire side412For him woolen and linen cloths create kilaim only if a full seam was sown. This contradicts the Mishnah quoted next.. Rebbi Yannai said, say to Rebbi Ḥanina, get out and read! Did we not state413Mishnah Kilaim 9:10., “if the two ends appear on the same side”? That means, only if it goes up and down and up. And did we not state, “Rebbi Jehudah says, only if there are three needle stitches”? That means that [the thread] goes down, and up, and down. But so and so414Either one follows the rabbis or R. Jehudah; in no case does one need more than three stitches.. A thread drawn through by means of a needle, even if it has a knot on each side, is no connection for cloth. The thread is a connection for cloth but not for the needle415If one stitch has been made and now the needle is sticking in the cloth, this does not count since the needle will eventually be removed. In order to create kilaim, the thread alone must cross the cloth three times, for two stitches.. Rebbi Jonah and Rebbi Yose both say, only if it is knotted on both sides. The words of the rabbis disagree since Rebbi Abba, Rav Jeremiah said in the name of Rav: He who straightens out the sides on the Sabbath416According to Maimonides (Šabbat 10:9), it is the regular procedure in sewing a garment that when a seam is sewn the two sides are stretched to be equal before the thread is knotted. Babli 95a. is liable because of sewing. He should have said, because of sewing and tying knots. Tearing applies to textiles and cutting to hides417In Mishnah 2, cutting cloth to prepare for sewing is forbidden as “tearing”. In Mishnah 3, cutting hides is forbidden as a different category. What is the rationale behind this double count, and does “tearing” only apply to textiles and cutting to hides and leather?. Tearing in the middle and cutting from the sides. There are some who switch, tearing of hides and cutting of textiles. Tearing of hides, those soft ones, and cutting of textiles, felt. 3418Here starts discussion of Mishnah 3. Babli 75a.. One who catches a purple snail and crushes it. There are Tannaïm who state that he is liable twice. There are Tannaïm who state that he is liable only once. He who says twice, one because of catching and one because of depriving of life. But he who says once, this is because of depriving of life. Does he not have catching419The scribe wrote: Does he not have catching? He does not have catching! The second sentence was unnecessarily deleted by the corrector. The only animal hides used for the construction of the Tabernacle were those of rams, which are domesticated and do not need to be caught, and the taḥaš, whose nature is in doubt. It is not quite clear what is being proved here. Either the emphasis on the taḥaš being a pure animal implies that only catching wild pure animals is a violation, or, since the taḥaš was a temporary phenomenon, it does not imply anything for later generations and no catching of wild animals is a Sabbath violation.? 420The following is from Chapter 2, Notes 111–114. It comes like what Rebbi Eleazar ben Rebbi Yose, Rebbi Abbahu, Rebbi Simeon ben Laqish in the name of Rebbi Meïr said: The Holy One, praise to Him, created for Moses in the desert a kind of pure animal. After the work of the Tabernacle had been finished it was hidden. Rebbi Abun said, its name was qereš. Rebbi Hoshaia stated, a unicorn. It is preferable to the Eternal to a cattle ox which sprouts a horn and has split hooves421Ps. 69:32.. It is written, it sprouts a horn. “Who slaughters it.” Rebbi Simeon ben Laqish said, there is no slaughter here; slaughter is a derivative of wounding. And why was it (not)422It seems that this word should be deleted; it is not in the quote of the sentence in Or zaruaˋ (II §72). stated with it? Only because we stated the proceedings of a meal it was stated with it. “Who tans it.” What tanning was for the Tabernacle? They were drafting on them. What were they drafting on them? They were drawing lines with a ruler423Since the hides were used as roofing, there is no indication that they had been shaved off and were tanned. The answer is that in order to be cut to size, they had to be tanned so that at least in the interior lines could be drawn to guide the cutter.. 424It seems that this sentence is misplaced here and belongs to the preceding discussion of the taḥaš, considering the unicorn as a non-kosher animal and stating that nevertheless the Tent of Meeting was covered by its hides. It follows that what Rebbi Samuel said in the name of Rebbi Abbahu, it is permitted to make tents from the hide of an impure animal. “Who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather..” What kind of erasure was in the tabernacle? Zeˋir bar Ḥinena in the name of Rebbi Ḥanina: They were rubbing the hide425The hides used to makes the covers of the Tabernacles, to clean them from all remainders of flesh clinging to the insides. on a pillar. One who rubbed hide clear on a pillar is liable. For what is he liable? Rebbi Yose in the name of Rebbi Jehudah ben Levi, Rebbi Aḥa in the name of Rebbi Jehudah ben Levi, because of rubbing clean. That is, if it is new. But if it be old426And rubbing will not change the nature of anything., it is the disagreement between Rebbi Eliezer and the Sages. Since they disagreed427Tosephta 9:13, Babli 95a.: “One who sweeps, who sprinkles428He sweeps or sprinkles water on a dirt floor. For R. Eliezer it is forbidden since he might fill in uneven spots in the floor. For the Sages representing R. Simeon this would be an unintended consequence which never creates liability., who makes cheese429According to a Geonic commentary quoted in Arukh, “who makes hard cheese.”, who makes butter430Definition of Arukh. Rashi: He makes soft cheese and lets it separate from the whey., who milks, and who takes down honeycombs, is liable for a purification sacrifice. But the Sages say, it is because of Sabbath rest431Rabbinic restrictions..” Rebbi Yose ben Rebbi Abun said, they do not disagree. He who sweeps, who sprinkles, is liable because of threshing. He who makes cheese, who makes butter, is liable because of kneading. He who milks, and who takes down honeycombs, is liable because of harvesting. He who squeezes budding olives is liable because of harvesting. Who needs this? Rebbi Eliezer432Since these have no oil, they are squeezed to make them edible as fruit which is permitted for R. Simeon.. He who files off heads of poles is liable because of cutting433Babli 75b. He who applies salve on a wet bandage434Latin splenium, -ii, n.. is liable because of rubbing clean. “If one erased a big letter where there is space to write in its stead two letters, he is liable. If he wrote one large letter even though there is space to write in its stead two letters, he is not liable. Rebbi Menaḥem ben Rabbi Yose says, this is more serious about him who erases than about him who writes that he who erases in order to correct is liable but he who writes in order to spoil is not liable.435,Babli 75b, Tosephta 11:9–10.436In general, any action to spoil does not create liability. In this particular case, if a single letter was erased so that there is no longer a recognizable lexeme it is spoiling. But correcting a single letter so that what was not a word now is one creates liability.” It may happen that one writes a single dot and is liable for it because of writing and because of erasing; it may happen that one erases a single dot and is liable for it because of writing and because of erasing. How is this? If it was a ד and he makes it ר ,ר and he makes it ד; he is liable because of writing and because of erasing437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). 4. What building was at the Sanctuary? They were putting the planks on top of the bases437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). But was this not temporary396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., it was as though permanent. Rebbi Yose ben Rebbi Abun said, since the Holy One, praise to Him, has promised them that He will bring them into the Land, it is as if it were permanent. This implies, a temporary building is a building. This implies, even from the side438Since the planks were simply put into the bases without either mortar or screws, putting them up was not professional work. “From the side” is a general expression for “nonprofessional”.. This implies even if was put on top of something else. Does it imply that building on implements is building439This would forbid even putting a pot on top of another pot to keep food warm.? The bases are like soil440The planks are never put into the bases unless the latter are firmly stuck in the ground; it is as if the walls of the tabernacle were set into the soil.. It was stated441Tosephta 11:1, Babli 102b, with different attributions.: “If one brings the stone and another one the mortar, he who brings the mortar is liable. Rebbi Yose says, both are liable.” Rebbi Yose is of the opinion that stone without mortar is building442A common Roman building method.. Everybody agrees that if one put up mortar first and someone then brought stone that he is liable. “The builder who set the stone on top of the row443Latin domus, -ūs, f., Greek δὁμος. is liable.444Continuation on the Tosephta. The fact that it needs a skilled craftsman to exactly adjust the stone even if no mortar is used makes it forbidden Sabbath work.” For whom is this needed? For the rabbis445Who in general require mortar as a sign of building activity, but not in this case.. One who put up planks and one who put up adobe walls is liable because of building446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. “And who tears down,” but only for a need446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. Rebbi Ḥama bar Uqba in the name of Rebbi Simeon ben Laqish: he who braids a palm-leaf basket is liable because of building447The rule that there is no building with vessels does not mean that there is no building of vessels. The Babli 75b has a completely different understanding of R. Simeon ben Laqish’s statement: “He who decorates a vessel or blows a glass vessel is liable because of “hitting with a hammer.”. Rebbi Ila in the name of Rebbi Simeon ben Laqish: he who blows a glass vessel is liable because of building. The rabbis of Caesarea in the name of Rebbi Simeon ben Laqish: There are things which are close but far away; and there are things which are far away but close448There are very diverse activities which are classified under the same category for the Sabbath, and there are distinct categories which may be represented by the same abstract definition, as explained in the sequel.. He who braids a palm-leaf basket, and he who blows a glass vessel, and he who makes a vessel in a form449Greek τύπος, ὁ. The vessel is cast., all are because of building. He who selects, who filters450R. David Fraenckel points out that “filtering” should be replaced by “winnowing” since filtering was reduced to either selecting or sifting (Note 325). But selecting, winnowing, and sifting are three similar activities but listed as three different categories (“close but far away”) whereas the very different activities in fabricating vessels mentioned in the preceding sentence are all classified under the same heading (“far away but close”)., and who sifts, all because of removing waste. Each of them is separately liable451Since they are separately listed in the Mishnah.. And why was handing over not stated with them452Why were the transactions described in Mishnaiot 1:1–2 not mentioned in the list of forbidden actions?? Rebbi Simon in the name of Rebbi Joshua ben Levi: Because of the disagreement of Rebbi Aqiba and the Sages453In Mishnah 11:1, one who throws from one private domain over a public domain into another private domain, R. Aqiba declares liable but the Sages do not. There is no universally accepted definition of “handing from one domain to another.”. Rebbi Ḥizqiah, Rebbi Jehudah ben Levi, Rebbi Joshua ben Levi in the name of Rebbi: In addition, there is handing over. And why was it not stated with them? All categories of work involve one, and this one two454Since the numerals are in the feminine, they refer to domains, not to persons, as noted by R. David Fraenckel.. All categories of work have derivatives, but this has no derivative.
אגלי טל, גוזז, ב, א, ט:
וכתבו התוס'... משום עוקר דבר מגידולו וקשה לי בדבריהם שהרי בירושלמי ובתוספתא הובא לעיל ס"ק א דתולש מן המתה ואפי' מן השלח חייב... ולפי מה שביארנו דעת הירושלמי ותוספתא והרמב"ם דהא דמחייבין בגוזז מן המתה או מן העור משום דס"ל דמלאכת גוזז היא מה שמפריד הגיזה מן העור.
איך אפשר להסביר את המחלוקת בגדר גוזז על פי הכיוונים דלעיל?
(רמז: איזו סברה קשורה יותר למעשה פשוט ואיזו לתוצאה נלווית מופשטת?)
מתני'. הנוטל צפרניו זו בזו, או בשיניו, וכן שערו, וכן שפמו, וכן זקנו, וכן הגודלת, וכן הכוחלת, וכן הפוקסת - רבי אליעזר מחייב, וחכמים אוסרין משום שבות.
גמ'. אמר רבי אלעזר: מחלוקת ביד, אבל בכלי חייב. - פשיטא, זו בזו תנן! - מהו דתימא: רבנן בכלי נמי פטרי, והא דקתני זו בזו - להודיעך כחו דרבי אליעזר, קא משמע לן.
even one who carries out a corpse to bury it. Rava said: And Rabbi Shimon agrees that one who carries out a hoe on Shabbat with which to dig or a Torah scroll from which to read is liable. The Gemara asks: This is obvious, as if those acts of carrying out are also in the category of a prohibited labor not necessary for its own sake because the carrier’s intention is to dig or to read, if so, according to Rabbi Shimon, how can you find an act of carrying that would be considered a prohibited labor necessary for its own sake? The Gemara answers: Nevertheless, there is a novel element in Rava’s statement. Lest you say that Rabbi Shimon deems one liable only in a case where one carries out an object for the sake of the one carrying it, as well as for its own sake, for example, in a case where one carried out a hoe for its own sake, in order to sharpen its blade, and for the sake of the one carrying it, in order to dig with it, or one carried out a Torah scroll for its own sake, in order to emend it, and for the sake of the one carrying it, in order to read from it; therefore, Rava teaches us that Rabbi Shimon deems one liable for carrying out an object even when it is carried only for his own sake and not for the sake of the object. The Gemara relates: There was a corpse in the city of Derokera and Rav Naḥman bar Yitzḥak permitted carrying it out into a karmelit on Shabbat because, for some reason, it could not remain where it was. Rabbi Yoḥanan, brother of Mar, son of Rabbana, said to Rav Naḥman bar Yitzḥak: In accordance with whose opinion did you permit moving the corpse to the karmelit? If it was in accordance with the opinion of Rabbi Shimon, say that in that case Rabbi Shimon exempted one from the obligation to bring a sin-offering. However, there remains a rabbinic prohibition. Rav Naḥman bar Yitzḥak said to him: By God, have you entered into an understanding of the matter? Even according to the opinion of Rabbi Yehuda it is permitted to carry out the corpse, as did I say they may carry it out to the public domain? I said that it may be carried out into a karmelit, which is only prohibited by rabbinic law. With regard to prohibitions by rabbinic law, the principle states: Great is human dignity, as it overrides a prohibition in the Torah: “You shall not deviate from that which they tell you to the right or to the left” (Deuteronomy 17:11). We learned there in a mishna discussing the halakhot of leprosy: One who plucks white hairs that are signs of impurity, and similarly one who burned the unaffected skin in the midst of a leprous sore in an attempt to purify himself, violates a prohibition, as it is stated: “Take heed [hishamer] in the plague of leprosy” (Deuteronomy 24:8). This ruling is based on the principle that the term hishamer indicates a prohibition. On this topic, it was stated: With regard to one who plucks one of two white hairs, everyone agrees that he is liable because a single hair remains, which is less than the measure that determines impurity, i.e., two hairs. It is with regard to one who plucks one of three white hairs that there is a dispute between the amora’im. Rav Naḥman said: He is liable. Rav Sheshet said: He is exempt. The Gemara elaborates. Rav Naḥman said: He is liable because his actions were effective, as if another hair is removed, the impurity would cease. He thereby hastened his purification and is in violation of the prohibition. Rav Sheshet said: He is exempt because his actions were ineffective, as now, in any case, the impurity is intact even after he removed one hair. His act is ineffective, and therefore he does not violate the prohibition. Rav Sheshet said: From where do I derive and state my opinion? I derive it as we learned in the mishna: And similarly, one who carries out an olive-bulk of a corpse and an olive-bulk of an animal carcass is liable. The Gemara elaborates: By inference, one who carries out half an olive-bulk is exempt. What, is it not taught in a baraita: One who carries out half an olive-bulk of a corpse is liable? Is it not that the contradiction is resolved as follows? That which was taught in the baraita: He is liable, is referring to a case where one carried out half an olive-bulk from an olive-bulk. Because less than an olive-bulk of the corpse remained, it is no longer a source of ritual impurity. And that which we learned in the mishna: He is exempt, is referring to a case where one carried out half an olive-bulk from an olive-bulk and a half. Since an entire olive-bulk remains, the source of impurity remains intact. And Rav Naḥman explains it differently. Both this, the one who carried out half an olive-bulk from an olive-bulk, and that, the one who carried out half an olive-bulk from an olive-bulk and a half, are liable. And that which we learned in the mishna: He is exempt, is referring to a case where one carried out half an olive-bulk from a large corpse. In that case, even Rav Naḥman agrees that his action was ineffective. Since he did not carry out a measure that determines liability, he is exempt. MISHNA: With regard to one who removes his fingernails with one another on Shabbat without scissors, or with his teeth, and the same is true with regard to one who removes his hair with his hands, and the same is true with regard to his mustache, and the same is true with regard to his beard, and the same is true with regard to a woman who braids her hair, and the same is true with regard to one who applies blue eye shadow, and the same is true with regard to one who applies blush, Rabbi Eliezer deems them all liable, as they each performed a labor prohibited by Torah law. And the Rabbis prohibited performing all of these actions due to rabbinic decree. None of the actions constitute prohibited labors. GEMARA: Rabbi Elazar said: The dispute is specifically with regard to a case where one removes his fingernails by hand; however, everyone agrees that one is liable if he removes them with a utensil. The Gemara asks: This is obvious. We explicitly learned the phrase: With one another, in the mishna. The Gemara answers: Lest you say that the Rabbis also exempt one who removes his fingernail with a utensil, i.e., because one is not interested in the removed nail, he did not perform the prohibited labor of shearing, and that which was taught in the mishna: With one another, is intended to convey the far-reaching nature of Rabbi Eliezer’s statement that one is liable even in a case where he removed his fingernails with one another; therefore, Rabbi Elazar teaches us that this is not so. And Rabbi Elazar said: The dispute is specifically with regard to one who removes fingernails for himself; however, with regard to one removing fingernails for another, everyone agrees that he is exempt. The Gemara asks: That is obvious. We explicitly learned the phrase: His fingernails, in the mishna. The Gemara answers: Lest you say that Rabbi Eliezer deems one liable for cutting another’s fingernails as well, and that which was taught in the mishna: His fingernails, is intended to convey the far-reaching nature of the statement of the Rabbis that one is exempt even in a case where he removes his own nails, and all the more so in a case where he removes another’s; therefore, Rabbi Elazar teaches us that everyone agrees that he is exempt when removing another’s nails. We learned in the mishna: And the same is true with regard to one who removes his hair with his hands; Rabbi Eliezer deems him liable and the Rabbis deem him exempt. One of the Sages taught in the Tosefta: One who removes enough of his hair to fill the opening of the scissors on Shabbat is liable. And how much is enough to fill the opening of the scissors? Rav Yehuda said: Two hairs. The Gemara asks: But was it not taught later in that baraita: And with regard to the Torah prohibition against removing one’s hair and causing baldness as an expression of mourning the dead: “Nor make any baldness between your eyes for the dead” (Deuteronomy 14:1), one who removes two hairs is liable? Apparently, enough to fill the opening of a scissors is a different amount of hairs. The Gemara answers: Say that these are not two different measures. The baraita is saying: And the same is true for baldness, two is the measure. That was also taught in a baraita: One who removes enough of his hair to fill the opening of the scissors on Shabbat is liable. And how much is enough to fill the opening of the scissors? It is two hairs. Rabbi Eliezer says: One is liable for removing even one hair. And the Sages agree with Rabbi Eliezer that one who collects and plucks white hairs from among black ones is liable even if he removed a single hair. His actions indicate that one hair is significant for him. And this matter of plucking white hairs is prohibited for men even on weekdays, as it is stated: “A woman shall not don a man’s clothes, and a man shall not wear a woman’s garment” (Deuteronomy 22:5). The Sages derive that any action typically performed by women for beautification is prohibited for men. It was taught in a baraita that Rabbi Shimon ben Elazar says: With regard to a fingernail, the majority of which has been severed, and it is only connected to the finger by a small piece; and with regard to shreds of skin, the majority of which have been severed from the body; by hand, one is permitted to completely remove them on Shabbat. If he removes them with a utensil, he is liable to bring a sin-offering. The Gemara wonders: Is there any matter where one who performs an action with a utensil is liable to bring a sin-offering, and if he performs that action by hand, it is permitted ab initio, and it is not even prohibited by rabbinic decree? The Gemara answers: This is what Rabbi Shimon ben Elazar meant to say: If the majority has been severed, removing the rest by hand is permitted. If he removes the rest with a utensil he is exempt, but it is prohibited to do so ab initio. And if the majority has not yet been severed, if he removes the rest by hand he is exempt, but it is prohibited to do so ab initio. If he did so with a utensil, he is liable to bring a sin-offering. Rav Yehuda said: The halakha is in accordance with the opinion of Rabbi Shimon ben Elazar in this matter. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: And that is if the partially severed portions of the fingernail were severed facing upward near the nail and cause him pain; in that case one may remove them ab initio. We learned in the mishna: And the same is true with regard to a woman who braids her hair, and one who applies blue eye shadow, and one who applies blush; Rabbi Eliezer deems them liable by Torah law. The Gemara asks: For performance of what prohibited labor is a woman who braids her hair, or who applies blue eye shadow, or who applies blush on Shabbat liable? Rabbi Avin said that Rabbi Yosei, son of Rabbi Ḥanina, said: A woman who braids her hair is liable due to weaving, as braiding and weaving are similar actions. A woman who applies blue eye shadow is liable due to writing. A woman who applies blush is liable due to spinning. Women would make a string from a doughy substance and pass it over their faces to redden their complexion. The Rabbis said before Rabbi Abbahu: And is that the typical manner of weaving, and is that the typical manner of writing, and is that the typical manner of spinning? Rabbi Eliezer would certainly agree that one who performs a prohibited labor in an atypical manner is exempt. Rather, Rabbi Abbahu said: This matter was explained to me by Rabbi Yosei, son of Rabbi Ḥanina, himself.
אבל בכלי ד"ה חייב - היינו כרבי יהודה דמחייב במלאכה שאינה צריכה לגופה.
ומה דומה לזה הנוטל צפרניו בכלי וכן שפמו (צ"ד ב') שהוא חייב משום תולדה דגוזז ואף על פי שאינו צריך לגוף הצפרנים והשיער מלאכה הצריכה לגופה נקראת.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: למי הולכים אחרי הכוונה, ולמי אין זה משנה?)
מלבן
המכבס בגדים הרי הוא תולדת מלבן וחייב, והסוחט את הבגד עד שיוציא המים שבו הרי זה מכבס וחייב, שהסחיטה מצרכי כיבוס היא כמו שההגסה מצרכי הבשול, ואין סחיטה בשער וה"ה לעור שאין חייבין על סחיטתו.
Laundering clothes is a derivative of the [forbidden] labor of whitening and causes one to be liable.
A person who wrings out a garment until the water44Note the Kessef Mishneh, who states that according to the Rambam, this prohibition applies also to liquids other than water.
This is a matter of question. Tosafot (Ketubot 6a) and the Tur (Orach Chayim 320), differ, and maintain that one is liable only for wringing out water.
[absorbed] in it is discharged is considered as one who launders45The Maggid Mishneh notes that the Rashba and others view wringing out liquids as related to two different forbidden labors. According to these authorities, wringing out water is a derivative of laundering, while wringing out other liquids relates to the forbidden labor of threshing.
The Ramban, however, states that although squeezing juice from fruits is considered to be a derivative of threshing, squeezing liquids other than water from garments is not. Some commentaries have associated this with the principle mentioned in Chapter 8, Halachah 7, "[The forbidden labor of] threshing applies only with regard to the earth's produce."
and is held liable.46See Chapter 22, Halachah 15, which mentions the Rabbinic prohibitions enacted as safeguards for the Torah prohibition against wringing out liquid. Wringing out [a garment] is one of the activities necessary for laundering, as stirring is one of the activities necessary for cooking.
There is no concept of wringing out hair.47Rashi (Shabbat 128b) explains that hair never absorbs water. Similarly, one is not liable for wringing out leather.48The Avnei Nezer (Responsum 157) explains that since the Rambam considers wringing out liquids as a derivative of whitening, this will apply only when wringing out the liquid will affect the color of the entity from which one is extracting it. This will not happen with regard to hair or leather.
It must be noted that the Shulchan Aruch (Orach Chayim 302:9) forbids rubbing leather to clean it. Shulchan Aruch HaRav 302:19 states this is merely a Rabbinic prohibition (thus following the Rambam's view). The Mishnah Berurah 302:39,42, however, differs and maintains that one is liable for such an act.
מגיד משנה שם ד"ה 'הסוחט':
אבל הרמב"ן ז"ל כתב סוף פרק שמונה שרצים כך: ראוי לומר בכל סוחט פירות תולדת מפרק בצריך למשקים ושיעורן כגרוגרת ואין דישה אלא בגידולי קרקע כלומר בפירות וכיוצא בהן. והסוחט בגד תולדת צובע כדרך מלבן.
שו"ת אבני נזר או"ח סימן קנט, כז:
תוכן הדברים דסבירא לי' לרמב"ן מלאכת מלבן הסרת הלכלוך. ולכלוך שסופו להתבטל כאילו אינו ועל כן אינו חייב בסחיטה על הסרת הלכלוך רק על חזרת מראה ראשון וזה כעין צובע. ורמב"ם שכתב שסוחט בכלל מלבן. נראה דסבירא לי' מלאכת מלבן הוא חזרת מראהו הראשון וחילוק שבין מלבן לצובע שצובע היא עשיית מראה חדשה. ומלבן חזרת מראהו הראשון.
איך אפשר להסביר את דבריהם על פי הכיוונים דלעיל?
(רמז: למי מלבן היא בעיה בפעולה, ולמי היא בעיה בתוצאה?)
אלא אמר רבא: כל כיבוס דלית ליה כיסכוס לא שמיה כיבוס. והא דאמר רב חייא בר אשי: זימנין סגיאין הוה קאימנא קמיה דרב ושכשיכי ליה מסאניה במיא, שכשוך אין, אבל כבוס לא! אי ברכין וכדברי הכל, אי בקשין וכאחרים. אי הכי, בגד נמי! בגד - שרייתו זהו כיבוסו. רבא לטעמיה, דאמר רבא: זרק סודר למים – חייב.
Cushions and blankets that are of soft leather, and for which the halakha with regard to laundering should be relevant, and yet we learned about them in the mishna (Shabbat 142b): If the filth was on a cushion of leather, he applies water to it until the filth dissolves, which indicates that the halakha with regard to laundering is not applicable even to soft leather. Rather, Rava said: With regard to any laundering that does not include rubbing, it is not considered laundering. Consequently, one may apply water to a soft leather cushion, but soft leather remains subject to laundering, so long as there is rubbing. And that statement that Rav Ḥiyya bar Ashi said: Many times I would stand before Rav on Shabbat and place water on his leather shoes, may be explained accordingly. With regard to placing water on leather, yes, that is permitted, but with regard to laundering, which includes rubbing, it is not permitted. This may be explained as follows: If Rav Ḥiyya bar Ashi spoke of soft leather shoes, then all agree that only placing water is permitted. And if Rav Ḥiyya bar Ashi spoke of hard leather shoes, the distinction between placing and rubbing accords with the opinion of the others, who hold that the requirement of laundering sprayed blood applies even to hard leather. The Gemara asks: If that is so, that placing water upon something is not considered laundering so long as one does not also rub the item, then with regard to a non-leather garment as well, one should be allowed to place water upon it on Shabbat. Why does the cited mishna state that one may wipe it only with a dry rag? The Gemara answers: With regard to a garment, its soaking is its laundering, and merely placing water on it is forbidden. The Gemara comments: Rava conforms to his standard line of reasoning; as Rava says: If one cast a cloth into water on Shabbat, he is liable for laundering on Shabbat, as it is made of fabric like any garment; and if one cast flax seeds into water, he too is liable. The Gemara analyzes this statement: Granted, if he casts a cloth into water, he performs laundering; but with regard to flaxseed, what is the reason that one may not cast it into water on Shabbat? And if you would say that it is prohibited because it sprouts in the water and constitutes the prohibited act of planting, if so, with regard to wheat and barley, it should also be forbidden to place them into water. The Gemara explains: Casting the flax into the water is not prohibited because of planting but because these flax seeds have discharges when soaked. If so, with regard to hides, it should also be prohibited to place them into water, because they too produce discharges in water. The Gemara answers: There, with regard to flaxseed, it is prohibited because it effects kneading, as the discharges cause the seeds to combine together, which is not true of hides. The Gemara relates: Rava taught in public: It is permitted to launder a shoe on Shabbat. Rav Pappa said to Rava: But didn’t Rav Ḥiyya bar Ashi say: Many times I would stand before Rav on Shabbat and place water on his leather shoes? Evidently, placing water upon leather, yes, that is permitted, but laundering, which includes rubbing, is not permitted. Rava went back and placed an interpreter before him so that he could tell the public that he had been wrong, and taught in public: The statements that I said before you earlier are my error. Truly, the Sages said like this: Placing water upon shoes is permitted, but laundering them is prohibited. § The mishna teaches: The laundering must be performed in a sacred place, and the breaking of an earthenware vessel must be performed in a sacred place, and the scouring and rinsing of a copper vessel must be performed in a sacred place. From where are these matters derived? As the Sages taught in a baraita: Concerning a garment on which blood was sprayed, the verse states: “You shall launder that on which it shall be sprinkled in a sacred place” (Leviticus 6:20). From where is the halakha with regard to the breaking of an earthenware vessel in which a sin offering was cooked derived? The subsequent verse states: “And the earthenware vessel in which it is cooked shall be broken” (Leviticus 6:21). From where is the halakha with regard to the scouring and rinsing of a copper vessel in which a sin offering was cooked derived? The verse states immediately thereafter: “And if it be cooked in a copper vessel, it shall be scoured, and rinsed in water.” § The mishna teaches: With regard to this matter, a stringency applies to a sin offering more than it applies to offerings of the most sacred order. The Gemara asks: And are there no more halakhot specific to a sin offering? But there is this halakha: That its blood enters the innermost sanctum to be sprinkled. The Gemara answers: The mishna is dealing with external sin offerings, and this halakha applies only to internal sin offerings. The Gemara challenges: But there is the stricture that if its blood enters into the Sanctuary it becomes disqualified. The Gemara explains: This mishna is in accordance with the opinion of Rabbi Akiva, who says: Every offering’s blood, not only that of a sin offering, that enters the Sanctuary to atone becomes disqualified; therefore, this is not a halakha specific to a sin offering. The Gemara challenges: But there is the halakha that external sin offerings atone for those who are liable to receive excision, karet, through unintentional sins. The Gemara explains: The mishna includes an offering that does not have that halakha, as its principles also apply to a sin offering brought for hearing the voice, i.e., for falsely taking an oath that one is unable to testify in another’s case. This transgression is not punishable by karet. The Gemara challenges: But there is the stricture that the blood of a sin offering requires four placements on the altar, unlike other offerings of the most sacred order. The Gemara explains: This mishna is composed in accordance with the opinion of Rabbi Yishmael, who says that all blood of offerings requires four placements, one upon each of the four corners of the altar; accordingly, this is not a halakha limited to the sin offering. The Gemara asks: And even according to your reasoning, can it be said that there is only one halakha that applies to a sin offering but does not apply to other offerings? Isn’t there the requirement to place a sin offering’s blood on the corner at the top of the altar? Isn’t there the requirement that a priest place a sin offering’s blood on the altar with his finger? Isn’t there the requirement to place it on the edge of the altar? Therefore, it should not be assumed that this is the only halakha unique to a sin offering, but rather that the mishna simply cited one of two or three stringencies. MISHNA: With regard to a garment upon which the blood of a sin offering was sprayed that went outside the curtains, i.e., the Temple courtyard, before being laundered, the garment reenters the courtyard and one launders it in a sacred place. If the garment became ritually impure outside the curtains, one tears the garment in order to render it ritually pure, enters the courtyard with it, and launders it in a sacred place. With regard to an earthenware vessel in which a sin offering was cooked that went outside the curtains, the vessel reenters the courtyard and one breaks it in a sacred place. If the vessel became ritually impure outside the curtains, one punctures the vessel to render it ritually pure, and one enters the courtyard with it and breaks it in a sacred place. With regard to a copper vessel in which a sin offering was cooked that went outside the curtains, the vessel reenters the courtyard, and one scours it and rinses it in a sacred place. If the vessel became ritually impure outside the curtains, one breaks the vessel by boring a large hole in it to render it ritually pure and enters the courtyard with it and scours and rinses it in a sacred place. GEMARA: The mishna teaches: If the garment became ritually impure outside the curtains, one tears the garment in order to render it ritually pure, enters the courtyard with it, and launders it in a sacred place. Ravina objects to this: How can the mishna say that one tears it? The Merciful One states in the Torah that one must launder “a garment” (Leviticus 6:20), and once this article is torn, this is no longer a garment, but only a scrap of cloth. The Gemara answers: The mishna describes a scenario when he leaves untorn a fragment of the garment that is size enough for a small cloth. Is that so? If he leaves such a portion intact, is he still permitted to bring the garment back into the courtyard? But doesn’t Rav Huna say: The Sages taught that an impure garment, most of which has been torn, loses its impurity only when one did not leave of it enough for a small cloth, but if he left enough of it untorn for a small cloth, it is considered a joining of the pieces, and the garment remains ritually impure. Accordingly, leaving a piece that size would not serve any purpose with regard to ritual impurity.
מנעל או סנדל שנתלכלך בטיט ובצואה מותר לשכשכו במים אבל לכבסו אסור, ואין מגרדין לא מנעלים ולא סנדלים חדשים אבל סכין אותם ומקנחין את הישנים, כר או כסת שהיה עליהן צואה או טנוף מקנחו בסמרטוט, ואם היתה על של עור נותנין עליה מים עד שתכלה.
It is permitted to use water to rub clean a shoe or a sandal that has become soiled with mud or excrement. It is, however, forbidden to wash them.80Note Chapter 9, Halachah 11, where the Rambam states that one is not liable for wringing out leather. Similarly, the fact that he mentions the prohibition against laundering leather in this chapter appears to indicate that he considers it to be merely a Rabbinic prohibition. This perspective is also quoted by Shulchan Aruch HaRav 302:19. The Be'ur Halachah 302, however, explains that one is liable for laundering leather. We may not scrape new sandals or shoes,81The Rambam appears to allow one to scrape old shoes. The Ra'avad and the Maggid Mishneh object to this ruling, based on Shabbat 141a-b, which states that it is forbidden to scrape both new and old shoes.
The commentaries offer several resolutions of this difficulty. Some point to manuscript copies of the Mishneh Torah that omit the word "new" entirely (Radbaz, Vol. V, Responsum 1628). Others explain that the Rambam mentions "new" shoes for specific reasons, but not to imply that scraping old shoes is permitted (Rabbenu Meir of Padua). Others find sources to substantiate the Rambam's ruling (Sefer HaKovetz).
The Shulchan Aruch (Orach Chayim 302:8) forbids scraping both old and new shoes. Significantly, however, the prohibition is associated with the forbidden labor of removing hair. Note also the Magen Avraham 302:17 who emphasizes that the prohibition applies only when using a knife. Using dull metal is permitted.
but we may apply oil to them.82See Chapter 23, Halachah 10, which appears to contradict this ruling. Similarly, the Ra'avad and others question the text here. Significantly, Rav Kapach mentions that the Yemenite manuscripts of the Mishneh Torah follow an alternate version of the text, which does not present a difficulty. [Similarly,] we may clean old [sandals and shoes].
A pillow or a blanket [soiled] with mud or excrement may be cleaned with a rag.83Care must be taken not to press the rag firmly, lest one squeeze out water from it (Shulchan Aruch, loc. cit.:9). If it is made of leather, one may pour water over it until the stain is removed.84One may not, however, rub them under water to remove the stain (Maggid Mishneh). Washing a cloth in water would be considered as laundering, even according to Torah law (Shulchan Aruch HaRav 302:20).
השגת הראב"ד שם:
ואין מגרדין לא מנעלים ולא סנדלים. א"א גם בזה טעה, אבל סכין אותן ומקנחים את הרגלים, מי שנתלכלכה ידו בטיט).
שו"ת אבני נזר או"ח סימן קנט, ב:
ראיתי לעורר אותך על מה שיכשלו בו תמיד וזה הרבה מפתאים כשיפול על מלבוש וכיוצא בו טינוף ירחצו אותו באופן יעברו עליו המים או ינענעו אותו במים עד שיסור אותו טינוף ולא יסחטו אותו וכו' ולא ידמו שיש בזה איסור הואיל ולא יסחט אותו מלבוש.
איך אפשר להסביר את המחלוקת על פי דברינו לעיל?
(רמז: לפי הרמב"ם ייתכן שיוצאת סתירה לפי המסקנה, שהרי לפי הסבר האבני נזר לרמב"ם מלבן היא מציאות הבגד שחזר לקדמותו, ואכן על ידי שכשוך הבגד חזר לקדמותו, אבל אם הבעיה בליבון וסחיטה היא הסרת הלכלוך בגברא, אזי השריה ושכשוך אינן אותה פעולה, ולכן יהיה מותר.)
מנפץ
הגוזז את הצמר והמלבנו. אמר רבה בר בר חנה אמר רבי יוחנן: הטווה צמר שעל גבי בהמה בשבת - חייב שלש חטאות; אחת משום גוזז, ואחת משום מנפץ, ואחת משום טווה. רב כהנא אמר: אין דרך גזיזה בכך, ואין דרך מנפץ בכך.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
שו"ת אבני נזר או"ח סימן קע, ב, ז:
ונראה לי משום דמלאכת הניפוץ הוא כדי שיהיה ראוי לטויה... דאם אין מנפצם כדי לטוות לא הוי מלאכה כלל...
ונראה לי דהנה הגיד תחילה חובטים אותו עד שנעשה כמו חוטים ואחר כך מנפצים ביד או במסרק להפריד החוטים זה מזה. ועל כן בחבטה כבר נגמרה מלאכת הטחינה... ואחר כך הפרדת החוטים הוה ליה תולדה דמנפץ.
מנפצו – החובטו בשבט.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
יש כאן מחלוקת מה מעשה המנפץ. איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: לאבני נזר המעשה הוא הפרדת החוטים, שאז הוא מוכן ומיועד לטווייה, והרמב"ם לא מחייב על מוכנות לטווייה)
שו"ת אבני נזר או"ח סימנים קע–קעא:
ובהכי ניחא לי מה דקשה לי בדברי הרא"ש פרק במה אשה דמותרת לחוף ולפספס שערה בשבת... ולהנ"ל דאין מלאכה כלל אלא על מנת לטוות ניחא... ולכאורה יש לומר כמו שכתב בתוספות רי"ד... במנפץ אין ניפוץ אלא בתחילת הפרדתם אבל שער אדם שסורק להפריד השערות וכששוב נתחברו חזר וסורק להפריד אין זה מנפץ וכיוון שסורק בכל עת אין מנפץ רק בסריקה ראשונה אך הא ליתא... הכא נמי בניפוץ שבמשכן הי' בתלוש... על כן אין במחובר משום ניפוץ כלל.
מובאות כאן שלוש סברות למה מותר להסתרק ביד בשבת. איך כל סברה מסתדרת לפי הכיוונים דלעיל?
צובע
הנוטל צפרניו זו בזו או בשניו וכן שערו וכן שפמו וכן זקנו וכן הגודלת וכן הכוחלת וכן הפוקסת רבי אליעזר מחייב וחכמים אוסרין משום שבות התולש מעציץ נקוב חייב ושאינו נקוב פטור ורבי שמעון פוטר בזה ובזה.
With regard to one who removes his fingernails with one another on Shabbat without scissors, or with his teeth, and the same is true with regard to one who removes his hair with his hands, and the same is true with regard to his mustache, and the same is true with regard to his beard, and the same is true with regard to a woman who braids her hair, and the same is true with regard to one who applies blue eye shadow, and the same is true with regard to one who applies blush, Rabbi Eliezer deems them all liable, as they each performed a labor prohibited by Torah law. And the Rabbis prohibited performing all of these actions due to rabbinic decree. None of the actions constitute prohibited labors. One who severs a leaf or a fruit from a plant growing in a perforated flowerpot on Shabbat is liable, as a plant in a flowerpot with holes in it has the legal status of a plant connected to the ground. Picking from it is prohibited due to reaping. And one who picks from an imperforated pot is exempt, but it is prohibited to do so ab initio. And Rabbi Shimon deems one who does so exempt in both this, the case of the perforated flowerpot, and that, the case of the imperforated flowerpot.
הפוקסת חייבת משום צובעת.
MISHNAH: There are two [kinds] of transport on the Sabbath which are four [kinds] inside, and two [kinds] which are four [kinds] outside1On the Sabbath it is forbidden to move any load from a private to the public domain (or for a distance of at least 4 cubits in the public domain.) Inside a private domain there are no restrictions unless the article may not be moved at all. While any transport between domains is forbidden, it is a prosecutable offense only if there is a completed action, i. e., one person lifted the item up, transported it, and put it down. This applies both to transport from the private domain to the public one (“inside”) and vice versa (“outside”). In each case, the transport may be effectuated either by the person inside or the person outside (in which case the person is prosecutable but the person standing in the other domain is not involved) or it may be taken up by one person, taken over while moving by another person who then puts it down. In this case both participants have sinned but are not prosecutable. The possible cases are enumerated in Mishnaiot 1–4. “Liable” and “not liable” refer both to the possibility of prosecution for intentional Sabbath desecration and the obligation of a purification sacrifice in the case of unintentional infraction.. How is this? The poor man stands outside and the householder inside. If the poor man stretched out his hand inside and delivered into the householder’s hand or took something from it and brought it outside, the poor man is liable but the householder is not liable.
If the householder stretched out his hand outside and delivered into the poor man’s hand or took something from it and brought it inside, the householder is liable but the poor man is not liable.
If the poor man stretched out his hand inside and the householder took from it or gave into it and he then took it out, neither is liable.
If the householder stretched out his hand outside and the poor man took from it or gave into it and he then took it in, neither is liable. HALAKHAH: 25For this and the following paragraphs there exists a reasonably complete Genizah text (G) edited by L. Ginzberg (שרידי ירושלמי New York 1909 p. 62). A slightly garbled parallel is in Ševuot 1:1, explained there in Notes 5–20. The Notes here are restricted to references and short explanations.“Export on the Sabbath,” etc. What means “two which are four”? Two which are four for liability and two which are four for no liability, or four for liability and four for no liability? Let us hear from the following26Mishnah Ševuot 1:1.: “There are two kinds of oaths which are four kinds.” Rebbi Abba said, there all are about liability, but here we come to state both liability and no liability27For R. Abba, there is a difference between the Mishnaiot in Šabbat and Ševuot in that in the case here at least one person involved always is not liable whereas in Ševuot only one person is mentioned and all cases are of liability. For R. Yose, the parallel is only that of Mishnaiot 1–2, not 3–4. Each Mishnah describes two cases of liability; these are two covering in all four cases of liability as in Ševuot 1:1.. This implies four of liability and four of no liability. Rebbi Yose said, the Mishnah says so, “there are two kinds of oaths which are four kinds,” not because of liability? And similarly, “there are two kinds of export on the Sabbath which are four kinds,” because there is liability. But was it not stated28Mishnah Middot 4:1. The Mishnah is purely descriptive of the construction of Herod’s Temple; the notions of liability or no liability are inappropriate., “the doors of the Temple hall were two which are four?” Can you say, liability and no liability? Should we state twelve cases of no liability29There are four cases in the Mishnah where one party is liable and the other is not involved. Then there are four cases in which both parties are involved but nobody is criminally liable. One might construct another four cases where nobody is liable; e. g., if the poor man reaches into the house, picks something up, which the householder then takes from his hand and deposits outside.? We only come to state cases of no liability which correspond to cases of liability. Rebbi Ḥiyya bar Abba said, what is this “no liability” which we stated here? Permitted30Since in Mishnaiot 1–2 only one person acts, it is inappropriate to apply the label “not liable” to the other person. Babli 2b/3a.! Rebbi Yose said, the poor man and the rich man are one but the Sages counted them as two. Bringing in or taking out are one but the Sages counted them as two31In G, Ševuot 1:1, editio princeps, and a quote in RITBA Ševuot 1:1: “Taking out or bringing in are two but the Sages counted them as one.” As noted later in this paragraph, taking out is called work by Jeremiah (which cannot be used as a legal text but is confirmation of the interpretation of the law) whereas bringing in is only forbidden by the argument that taking out from A to B is bringing in to B from A.. Taking out on the Sabbath does not include bringing in; if one exports from one domain to the other, does this not include the one who imports? Let us hear from the following, as Rebbi Yasa said in the name if Rebbi Joḥanan: Somebody who brings in half the size of a dried fig and takes out half the size of a dried fig is liable32Even an intrinsic liability can be prosecuted only if a minimal amount was transported, which for food is determined as the size of a dried fig (Chapters 7–8). Since taking out and bringing in small quantities are to be combined, taking out and bringing in are representatives of one and the same action, viz., transporting.. And from where that taking out is called work? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan33In Ševuot 1:1 and the Babli (6b): R. Joḥanan; quoted without attribution by R. Ḥananel Šabbat 3b; in a number of Medieval sources R. Jonathan. understood it from the following34Ex. 36:6. Babli 96a.: Moses ordered, they made a public proclamation in the camp as follows, men or women should no longer do work to contribute to the sanctuary. The people refrained from taking objects out from their houses to give them to the collectors. Rebbi Ḥizqiah35Missing in Ševuot. In G, R, Aḥa in the name or R. Ila; in Sefer Haˋittim (ed. Mekize Nirdamim p. 300) R. Aḥa in the name of R. Ḥiyya. In Sefer Miṣwot Gadol #65, (part 1, fol. 17a in Venice edition) R. Ḥiyya in the name of R. Aḥa. in the name of Rebbi Ila: You even understand bringing in from this. Just as the people refrained from taking objects out of their houses to give to the collectors so the collectors did not accept anything from them to bring into the office. Rebbi Ḥizqiah in the name of Rebbi Aḥa understood everything from the following36Jer. 17:22.: do not bring out any load from your houses on the Sabbath day, and perform no work. 37For this and the next paragraph there also exists an additional Genizah text (ג) also edited by L. Ginzberg, loc. cit. p. 64. Rebbi Yasa in the name of Rebbi Joḥanan: If one brought in half a dried fig and took out half a dried fig he is liable38Here and in the following, “liable” only refers to the obligation to bring a purification sacrifice in case of unintentional infraction of the Sabbath rules. Since an intentional sin cannot be atoned for by a sacrifice (Num. 16:30), a sacrifice is possible only if the perpetrator was oblivious either of the fact that the act was forbidden or, in the case of the Sabbath, that the day was a Sabbath. Sins committed during different periods of oblivion require different sacrifices. In addition, the prohibition of work on the Sabbath is not a single prohibition but, as explained in Chapter 7, a set of 39 different prohibitions, each with different minima of forbidden work which trigger the obligation of a sacrifice. Minimal infractions of different prohibitions do not combine to produce the obligation of a sacrifice. On the other hand, infractions which are subsumed under the same prohibition, even if one is clearly biblically prohibited (אַב מְלָאכָה “a master work” such as transporting from a private to the public domain) and one which is classified by a logical argument as belonging to the same class (תּוֹלְדָה “a derivative”, as transporting to the private domain) do combine to create the obligation of a sacrifice.. What Rebbi Joḥanan said does not follow Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim., as it was stated40Babli 80b, Bava batra 55b, Keritut17a. The first part is a Tosephta, ed. Liebermann 9:11, ed. princeps 10:7.: “If one took out half a dried fig and again took out half a dried fig during one period of oblivion, he is liable; during different periods of oblivion he is not liable. Rebbi Yose said, during one period of oblivion and one domain he is liable, during one period of oblivion and two domains or during two periods of oblivion and one domain he is not liable.41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.)” We find this difficult. If two different transorts do not combine following Rebbi Yose, a fortiori also not bringing in and taking out42The argument is not convincing since transporting into is a derivative of transporting from. R. Yose still could hold that the actions combine to create liability if the domains involved are the same.? Therefore what Rebbi Joḥanan said could not follow Rebbi Yose. Rebbi Ila said, not only if two doors open to two public roads43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב. but even if they open to the same public road will Rebbi Yose agree44Since it is assumed that each private house has only one door to the street, there are two different private domains involved; the transgressions do not combine for R. Yose., for Rebbi Yose compares domains to periods of oblivion in matters of liability45Different domains from which transport starts or where transport ends are like different periods of oblivion for which no common purification sacrifice is possible by biblical standards.. Just as Rebbi Yose compares domains to periods of oblivion in absence of liability so Rebbi Yose compares domains to periods of oblivion in matters of liability46Clearly the correct text is that of G: “Just as Rebbi Yose compares domains to periods of oblivion in matters of liability so Rebbi Yose compares domains to periods of oblivion in absence of liability.” The fact that incomplete actions in two different periods of oblivion do not combine to create the liability (or possibility) of a sacrifice is only a corollary to the statement that all infractions of the same kind committed during the same period of oblivion are atoned for by one single sacrifice.. For if he took out the volume of a dried fig through this door and the volume of a dried fig through that door in one period of oblivion is he not liable twice47For R. Yose, who negates the possibility of any sacrifice if the amounts each time are insufficient. For the anonymous majority, the situation is the opposite; two transports of insufficient quantities from two domains combine to create liability for a sacrifice but transports of greater quantities from different domains in one period of oblivion are atoned for by a single sacrifice.? 48This paragraph and the next also appear in Horaiot 3:3 (Notes 66–72) in a different context. (R. Yose mentioned there is the fifth generation Amora). Rebbi Yudan said, Rebbi Yose compares domains to eating slices49This refers to sacrifices due for eating forbidden food. Since purification sacrifices are due only for transgressions punishable at least by extirpation (Mishnah Horaiot 3:7), the only example of such solid food is forbidden fat. A sacrifice for inadvertent consumption of forbidden fat is due if at least the volume of an average olive was eaten in the time needed to eat a slice of bread. The slice is defined (Tosephta Negaˋim 7:10) as half a loaf when three loaves are baked from a kav of flour (about 35 cl). For if one ate the volume of half an olive during the time needed to eat one slice and another volume of half an olive in the time needed to eat another slice, is he not free from liability? If one ate several volumes of olives during several times needed to eat a slice in one period of forgetting, he is liable only once. 50Cf. Horaiot 3:3 Note 70. The rabbis of Caesarea object to comparing the rules of the Sabbath to any other biblical prohibition. Mishnah 13:1 states that weaving is forbidden and the threshold for an action requiring a purification sacrifice is weaving two threads. For the majority, weaving two threads in one oblivion triggers the obligation of a sacrifice, for R. Yose only if the two rows were added to the same piece of cloth. The rabbis of Caesarea say, before you compare this to fat, compare it to the rules of Sabbath itself. For if one was weaving one thread on this piece of cloth and weaving one thread on that piece of cloth, is he not free from liability? If he wove several threads on several pieces of cloth in one period of oblivion he is liable only once. Rebbi Yose in the name of Rebbi Joḥanan: The one who takes out is not liable until he put it down51As explained in Note 1, the Sabbath is desecrated only by a complete action, lifting up, transporting from one domain to another, and depositing. If the last act is missing, there was no punishable desecration.
The tradent R. Yose is the fifth generation Amora.
. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: Unless he take up and put down. Rebbi Zeˋira required, unless he take it up with the intention to put it down52This is a necessary clarification of the preceding statement. Not only must there be a complete action, but all three parts must be executed with the intent to perform the action. In Ex. 35, the prohibition of work on the Sabbath is repeated (vv. 1–3) as part of the commandment to build the Tabernacle (vv. 4–35). In 35:33, the construction of the Tabernacle is described as “thinking work”. It is concluded that only “thinking work” is punishable (criminally or by a sacrifice) as desecration of the Sabbath. In the special case of transporting, there is desecration only if the three parts are done with compatible intent, if the lifting up was intended to be followed by a putting down.. Not if he lifted it to eat and then changed his mind to put it down53It is perfectly legitimate to take food to eat in the domain where it was at the start of the Sabbath. If the first stage of a transport was executed in a perfectly permitted way based on a true thought, it never can become the first leg in a criminal transport. While the change of intent and the following action were forbidden and sinful, there can be no criminal or sacrificial liability attached to them. (As statement of R. Joḥanan himself, Babli 5b, Eruvin 20b, Ketubot 31a).. What Rebbi Joḥanan said does not follow Rebbi Yose, as it was stated54An anonymous baraita following the statement here attributed to R. Yose is Tosephta 9:11(ed. S. Liebermann); the first part Babli 80a.
Since in the public domain one is only permitted to move things by a distance of less than four cubits, things farther away are as in two different domains. If each transport was less that a minimal amount, the actions cannot be combined.
: “If he took out half the volume of a dried fig and put it down, and then took out another volume of half a dried fig. If he put it down within four cubits of the first piece he is liable, otherwise he is not liable. Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim. said, if he transported it over it, he is liable, otherwise he is not liable.” Rebbi Yose considers the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
. Just as Rebbi Yose considers the person walking as if he was putting down for liability so he considers the person walking as if he was putting down for non-liability. When he took it out he is considered having put it down; then he should be free from liability57If the object is considered deposited the moment it was taken out of a private domain by a walking person, then any subsequent motion is a new transport. Since R. Yose (Note 44) only considers combining transports if they originate and terminate in the same domains, the fact that later the second object was transported over the first should be irrelevant.. Explain it if it was put down within four cubits [of the door]58Added from G and ג., as it was stated41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.), “otherwise he is not liable.” Rebbi Abba the son of Rebbi Pappaeus said, explain it if the door was five cubits wide and he brought one out on this side, the other on the other side. Then the second was not taken out within four cubits of the first59For the anonymous Tanna the final place of deposit determines liability; for R. Yose there is no liability if the two paths never were within 4 cubits of one another.. There60Mishnah Keritut 3:4., we have stated: “Rebbi Meïr says, if it was a Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down63Eating may also be done while walking; the Sabbath infraction becomes a liability only when the motion stopped.. Who is “they said to him”? Rebbi Yose64There is no other reference to the fact that the objection to R. Meïr originates with the Tanna R. Yose.! The argument of Rebbi Yose is inverted. There, he does not consider the person walking equal to one who was putting down but here he is considering the person walking equal to one who was putting down65This argument may support Liebermann’s interpretation. Since for R. Yose a person walking is considered stopping at every place, the Sabbath infraction and the desecration of the sacrifice are simultaneous.! Rebbi Yudan said, explain it that he was laying on the threshold66An Accadic word (askuppum). The word describes not only the threshold but also the stairs leading from the road to the house. [Also cf. Latin scapus “post or newel of a circular staircase; main stile of a door on which it hinges” (E. G.)] partially inside, his mouth outside, when he stretched out his hand, took it, and ate it. Then he did not walk67If the piece of fat was lying inside the private domain, the Sabbath violation did not involve any movement of his body; the reference to R. Yose’s opinion about transporting on the Sabbath is irrelevant, as is the explanation given in the preceding sentence. The difference in the status of the required sacrifices is as indicated in Note 62.. Rebbi Yannai said, one who swallowed half the volume of an olive, then threw it up, and again swallowed it, is liable68In the Babli, Ḥulin 103b, statement and supporting argument are by R. Assi (Yasa) in the name of R. Joḥanan. The food swallowed is supposed to be forbidden fat.. But one who brought in half the volume of a dried fig and took it out again, is not liable69This is not the situation discussed in Note 32 where half a fig was brought in and half a fig taken out; in all a whole fig was transported. But here the same half fig was transported twice; neither transport created liability.. What is the difference between this and the first one? There his palate enjoyed the volume of an olive, but here he never dealt with a full volume of a fig. Rebbi Yose said, sometimes a person may be dealing with a full volume of a fig and not be liable. How is this possible? He took out half of the volume of a dried fig70Here starts a new Genizah leaf (G), also edited by L. Ginzberg, loc. cit. p. 65., put it down, again took out half of the volume of a dried fig, but did not manage to put it down before the first one was burned. He was dealing with a full volume of a fig but is not liable71In the Tosephta 9:11 (ed. Liebermann): “If the first half was eaten before the second came to rest he is not liable, whether in one or in two periods of oblivion.” As explained earlier, quantities less than the minimum trigger liability only if they exist together.
The statement is referred to as obvious in the Babli, 80a.
. Because he compared it to forbidden fat he contrived this72This is R. Yose’s explanation of R. Yannai’s statement. Since for fat a single half olive can create liability, there is good reason to formulate R. Yannai’s rule in the way indicated. For the Sabbath, R. Yannai’s statement is unnecessary; it is formulated purely as companion piece to the statement about fat.. Rebbi Joḥanan said, if one exports from a private domain to the public domain through karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, he is liable because of him who carries on his back74Because of the argument presented in the next sentence about the difference of carrying a load in front or back., from the following:75Mishnah 10:4. “One who intends to carry on his front but it turns out that he carried on his back is not liable. On his back and he carried on his front he is liable.76If a person carries valuables, he will want to carry them on his front so as to be in control. If then it happens that he carried them on his back, his action does not actualize his intentions; it does not qualify as “thinking work” (Note 52) and does not trigger liability. But if he intended to carry the load on his back but in fact carried it on his front, he is more in control than he intended; such an improvement qualifies as “thinking work”.” For it is impossible that between him and the wall should not karmelit be created77A person standing close to that wall in the public domain in any case creates karmelit around himself since he bars the access of others to this place. This is formulated in 10:2 as “nothing movable in the public domain creates karmelit except a human.”. Rebbi Yose said, explain it that his face was turned to the wall and his load on his back and so78Instead of “and so” G reads “already”, which results in a smoother text. The person exited the house backwards. his load exited first. Rebbi Ḥiyya bar Abba79G reads: Ada. This reading is the only one possible since R. Ḥiyya bar Abba lived several generations before R. Mana II. asked before Rebbi Mana: But this is not a usual way of carrying out80Work done כִּלְאַחַר יָד “as if with the back of one’s hand” is not “thinking work” and does not create liability.! He told him, professional porters act in this way. But the following implies it, as Rebbi Aḥa, Rebbi Maisha said in the name of Rebbi Joḥanan: “If one carries out foodstuffs and puts them on the threshold.81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”” Is the threshold not karmelit82If the door is open, the threshold belongs to the house; if it is closed it is part of the public domain.? Rebbi Yose was sorry that he had not said this himself. Rav Huna in the name of Rav: Everybody agrees that for throwing one is liable83One continues the discussion of transporting from a private to the public domain or vice-versa through a karmelit region. In the Babli (6a), it is a statement of R. Joḥanan.. It is everybody’s opinion that the air space over karmelit is not like its essence. Where do they disagree? If one carries out. Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai makes the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
but the Sages do not make the person walking as if he was putting down. Rav Ḥisda asked Rav Huna: In Ben Azzai’s opinion nobody ever could become liable for four cubits! Since when he transported something, it is made84In G: “It is considered as if”. as if he put it down within every cubit; he should be not liable85This refers to a person carrying in the public domain. It is a desecration of the Sabbath to carry a load nonstop for at least 4 cubits in the public domain. Since for Ben Azzai every step in walking is considered a stop, it is impossible to carry anything nonstop for 4 cubits. The objection is left without any answer in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307). But in Tosaphot (5b, s.v. בשלמא) the Yerushalmi is quoted as answering that a person still could become liable by jumping.. Rav Jehudah in the name of Rav: Everybody agrees that for carrying out one is not liable. It is everybody’s opinion that walking counts as if one was putting down. Where do they disagree? If one is throwing, for Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai considers the air space over karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there. but the Sages consider the air space over karmelit not like its essence. A baraita supports one and a baraita supports the other. A baraita supports Rav Huna87It would seem obvious that the names “Huna” and “Jehudah” should be switched. But the attributions are identical in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307).: 88A similar text is in Tosephta 10:1 (ed. Liebermann). If he was standing in the public domain and threw over karmelit into a stable or corral, he is liable; but if he carried it he is not liable. A baraita supports Rebbi Jehudah: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if be completed the work at one time he would not be liable. But did we not state: “Rebbi Meïr says, if it was Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down. In the opinion of Rav Huna one is not following Ben Azzai90Since practice follows the opinion of those who “said to him” in Mishnah Keritut3:4, for Rav Huna it is clear that walking is not considered depositing.. In the opinion of Rav Jehudah one follows neither Ben Azzai nor the Sages91Since for Rav Jehudah everybody agrees that walking is considered depositing according to everybody, those who “said to him” seem to be nonexistent.. Rebbi Ḥinena said, who is :they said to him”? The Sages who follow Ben Azzai.92The Tanna R. Yose as explained earlier. Rebbi Joḥanan asked: If he was standing in the public domain, threw, and then caught it, what93Transporting something in the public domain for a distance of at least 4 cubits is a desecration of the Sabbath. Therefore, throwing something a distance of at least 4 cubits creates liability the moment the thrown object touches the ground. The question is whether there is liability if the thrower himself runs and catches the object in the air, at a distance of at least 4 cubits from where it was thrown. Babli 5a.? Is that not a Mishnah94Mishnah 11:7. The thrower did not intend to throw it to another person or to a dog; the object was intercepted. Therefore, the original intent was not fulfilled; there is no liability. If the object was burned in flight, there is no putting down; the action is incomplete and there is no liability even if the original intent was that it should be burned in flight., “if another person caught it, a dog caught it, or it was burned, he is not liable”? Rebbi Samuel in the name of Rebbi Zeˋira: So it is if he snatches; therefore if he caught it he is liable95In the question asked by R. Joḥanan one has to distinguish whether the original intent was that the object should be caught in flight, when there is liability, or whether the object was snatched in flight against the original intent, when there is no liability.. What is the difference between its coming to rest on the ground to coming to rest in his arm? There96In the Mishnah there is liability if the object is a ball thrown from one person to another and the recipient is supposed to catch the ball., why is he liable? There he threw and another one received it but here he threw, he received it97The Mishnah does not directly address R. Joḥanan’s problem.. Should it be obvious for him that he is not liable? Would he not be liable because of his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down. if he threw with his right hand and received with his left? Is his mouth not like another person? Here, his left hand should be like another person99And the legal situation depends on the original intent.. Rebbi Yudan said, it is obvious to Rebbi Joḥanan that he is liable if he threw with his right hand and received with his left. What was his problem? If he threw with his right and and received with his right hand100Throwing from one hand to the other is a normal action but throwing with one hand and receiving with the same has to be classified “as if with the back of one’s hand” (Note 80) and automatically exclude liability.. The rabbis of Caesarea, Rebbi Shammai in the name of Rebbi Aḥa: He101R. Joḥanan. is in doubt whether he is liable even if he threw with his right hand and received with his left. If you want to say “his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down.”, his mouth is like another person since he ate it; but is here his hand like another person102Does it make any difference which hand is used since it always is the same person?? Rebbi Mana asked, if this be so, then even if he exported the volume of a dried fig in both hands he should be not liable because of one action executed by two persons103Therefore it is not possible to distinguish between hands in these matters.! Rebbi Ḥiyya bar Ada said to him, is that when he did it104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.? But was it not stated: An individual who acted is liable, two or three who acted are not liable105Babli 3a,5a; Sifra Wayyiqra I Parashah 7(9).. Rebbi Joḥanan said, if somebody was standing in the public domain, collected rain from the airspace of walls and carried it out, he is liable. Rebbi Abun bar Ḥiyya in the name of Rebbi Zeˋira, it is so if he grabbed it, but if he collected it he is not liable106The statement of R. Joḥanan is made more precise. If somebody opens his hands to collect raindrops, the rain falls into his hand; he does not lift it. Therefore, if he then moves the rain water in his hand, the motion is not complete; he cannot be liable. It must be that he collects the water actively, by wiping it off a wall or a roof. If then he moves away, the motion is complete and he is liable. Babli 5a.. What is the difference between whether another person gave him or if Heaven gave? It follows Rebbi, for Rebbi made the airspace of walls like their substance107This really refers to another situation. If he stands in a room enclosed by 4 walls, for Rebbi anything which enters the airspace of this enclosure is as if it was at rest on the floor. Therefore anything received in his hand is as if taken up from the floor.. If he was standing inside and his hand full of produce was stretched to the outside when the day became holy he is forbidden to take it back108He was in a private domain, his hand stretched out to the public domain, and remained so at sundown of Friday evening. Then the situation is as described in Mishnah 2.. Rebbi Aḥa in the name of Rebbi Abba: following him who said that it is forbidden to use the space below ten [hand-breadths]109Since the numerals are masculine they refer to hand-breadths (טְפָחִים). While in theory private domain extends to an unlimited height, the public domain extends only to a height of 10 hand-breadths. Anything higher is מְקוֹם פְּטוֹר “exempt space”, where unlimited motion and unlimited transfer to private domain is permitted. Therefore the baraita must assume that the outstretched hand was within 10 hand-breadths from the ground.. There are Tannaim who state, it is permitted. They wanted to say, he who says it is permitted if there was four [cubits] of space; but he who says it is forbidden if there was not four [cubits] of space110A room of less that four-by-four cubits is karmelit, not a private domain. Babli 3b.. Rebbi Yose ben Rebbi Abun said, in both cases (it is forbidden)111The word, missing in G, must be deleted as a scribal error since it contradicts the statement which follows. it follows him who said that it is forbidden to use the space below ten [hand-breadths]. What about it? He who says it is forbidden below ten [hand-breadths]; he who says it is permitted, above ten [hand-breadths]112Babli 3b.. Mishnah: “The poor man is liable but the householder is not liable.” Rav Jehudah in the name of Samuel: Only if the poor man’s hand is within ten hand-breadths from the ground113Since otherwise he transports from a private to an exempt domain which does not create liability, Note 109.
The quote of the Mishnah is from Mishnah 1. But from the discussion it seems that here starts the discussion of Mishnah 2, “the householder is liable but the poor man is not liable,” since R. Zeˋira makes a difference whether the poor man receives the item in karmelit or not. But R. Zeˋira must follow R. Joḥanan that carrying through karmelit does not relieve from liability if the object was lifted in a private and deposited in a public domain. But if the householder lifts an object in his house and deposits it in karmelit, he is not liable. This also applies if the poor man is standing close to the house with his face to the house; he stands in karmelit (S. Liebermann).
. Rebbi Zeˋira said, if he is distant four [hand-breadths] from the wall. But if he is not distant four [hand-breadths] from the wall, it is karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
. Rebbi Eleazar in the name of Rebbi Simeon Karsanah: If his face was turned towards the public road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב.. But if his face was turned towards the wall it is karmelit. Rebbi Ḥisda in the name of Ashi113*As shown by G and the quote later in this Chapter (Note 170) one has to read: Rav Ḥisda in the name of Assi.: If a stick stuck in the public domain ten hand-breadths high, anybody who uses anything from in it into the public domain or from the public domain into it is liable114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. Rav said, a leather container115In Mishnah Kelim 24:5, the sources read תרבוס which the Geonic Commentary explains as دُرج “box (for money or jewels)”; the translation follows Maimonides who defines it as a leather box (more appropriate for the text of the Mishnah). which stands in the public domain, ten hand-breadths high and four wide; anybody who uses anything from in it into the public domain or from the public domain into it is liable. Rebbi Hoshaia stated116Tosephta (ed. Liebermann) 10:7.: “A candelabra which stands in the public domain, ten hand-breadths high and its flower four [wide]; anybody who uses anything from in it into the public domain or from the public domain into it is liable.” Rebbi Mana said, not only a candelabra but even a stick stuck in the public domain ten hand-breadths high with a tablet117Latin tabula. Cf. Erubin 3(3) (21a line 30). fixed to its head, anybody who uses anything from in it into the public domain or from the public domain into it is liable. 118A copy of this paragraph, closer to the original, is in Sukkah 1:1 (ס) 51d l. 56. The parallel discussion in the Babli is Sukkah 5a. Since the entire discussion is Amoraic, one must conclude that for earlier times the limitation of the public domain to 10 hand-breadths from the ground was tradition not subject to verification from biblical sources. From where that higher than ten [hand-breadths] is a different domain? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: There I shall make My Appearance to you, and I shall speak to you from above the cover (which is on the Ark of the Covenant)from between the two Cherubim119Ex. 25:6. The words in parentheses are not in the verse and not in ס; they are added to indicate that the argument is about the Ark.. And it is written, you have seen that from Heaven I spoke to you120Ex. 20:22.. Since speech mentioned there is from another domain, also speech mentioned here is from another domain. But is the Ark not nine hand-breadths1211.5 cubits (Ex. 25:10).? In the House of Rebbi Yannai they said, the cover was one hand-breadth122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Rebbi Zeˋira asked, from where that the cover was one hand-breadth? Rebbi Ḥananiah bar Samuel stated, for all the vessels in the Sanctuary the Torah gave the measure of length and width, and gave the measure of its height. Except for the cover where the Torah gave the measure of length and width, but did not give the measure of its height. Therefore we shall learn it from the smallest vessel in the Sanctuary, you shall make for it a frame of one hand-breadth all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Since there it was one hand-breadth, so also here one hand-breadth. But maybe it is only make a golden wreath as its frame all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.? Since there it is a minimal size, so here also a minimal size. What about it? Rav Aḥa bar Jacob said, face. There is no face less than a hand-breadth123This cryptic statement is explained in the Babli (in the name of Rav Aḥa bar Jacob’s teacher Rav Huna) as referring to Lev. 16:2 where Aaron is warned not to appear before the face of the cover except on the day of Atonement. This implies that the cover was not simply a sheet lying over the ark but had a face, a vertical dimension which is not negligible.. Rebbi Yose asked, if there were a very high chest standing in a house, would it not be permitted to use anything from in it into the house or from the house into it124It is impossible to say that in general a new domain starts at 10 hand-breadths since it is commonly accepted that a private domain remains such to an indeterminate height. The Ark was standing in the private domain of the Sanctuary; a reference to it seems to be irrelevant.? But we are dealing when it was indicating to them the geographic directions125In the desert, the Ark was traveling in front of the people (Num. 10:33) while the Sanctuary was carried in the middle (v. 17). At the resting place, the Ark automatically assumed a West-East direction so that the Sanctuary could be placed around it and the tribes camped correctly in the four directions of the compass (Num. 2). The Ark had functions outside the Sanctuary; the reference is legitimate.. This is understandable for him who said, a cubit of six [hand-breadths]126In Mishnaic times, the building cubit was a standard 6, the vessel cubit 5 hand-breadths. If the Ark was built to vessel standards, it cannot be used to define domains. Whether the vessel standard was used in the Temple is a matter of controversy in the Babli, Menaḥot 98a.. But for him who said, a cubit of five hand-breadths? Would the Ark not be seven and one half hand-breadths? Rebbi Jacob bar Aḥa said, the House of Rebbi Yannai and Rebbi Simeon ben Yoṣadaq. One learns it from the Ark, but the other learns it from the wagons127In Ex. 31:12–18 and 35:1–3 the observation of the Sabbath is emphasized in the instructions for the building of the Tabernacle. One concludes that the work forbidden on the Sabbath is exactly work needed in building or transporting the Tabernacle. The wagons mentioned here are the 6 wagons donated by the tribal chiefs for the transport of the Sanctuary (Num. 7:3).. We do not know who learned it from the Ark and who learned in from the wagons. It is reasonable that the House of Rebbi Yannai learned it from the Ark since the House of Rebbi Yannai said, the cover was one hand-breadth128The reading of ס is preferable: Nine hand-breadths of the Ark and one of the cover.. Rebbi Simeon ben Yoṣadaq learns if from the Wagons. Rebbi Zeˋira asked, from where that the Wagons were ten [hand-breadths] high129There are no biblical indications about the height of the wagons’ platforms above ground.? Rebbi Yose said, and even if you said that they were ten high, did not Rebbi Neḥemiah state that the Freight Wagons were like a cupola130Greek καμάρα, Latin camara, -ae, f.(also camera) “arched or vaulted roof or ceiling, distinct from an outer roof”.
The wagons are called עֶגְלֹ֥ת צָב֙. Now צָב means “turtle”; from this comes the usual translation “covered wagon”, using the image of the domed back of the turtle. The expression really is a technical term “freight-wagon”, Accadic ṣubbum, ṣūbum.
? If there was a hole in the public domain ten deep and four wide, would it no be forbidden to use anything from in it into the public domain or from the public domain into it131This is a side remark. A hole in the public domain 10 hand-breadths deep and 4 by 4 wide creates a new domain and is considered a private domain from which nothing may be transported to the public domain. This cannot be derived by comparison either to the Ark or to the wagons.? But when they were transferring the planks from one to the other they were straight132Whether the wagons were covered with a convex covering or not is irrelevant since at the moment of loading the planks and the gobelins of the Sanctuary they were uncovered and certainly had flat loading areas. For the meaning of “straight” for תְּרוּטוֹת cf. Mishnah Middot 2:5.. “Neither is liable.133Quote from Mishnaiot 3–4, starting the discussion of these.” Rebbi Jacob bar Aḥa in the name of Ḥizqiah, the rabbis in the name of Rebbi Joḥanan: In the category of two people performing one work104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.. Rav asked Rebbi, if another person put a bundle on his back, when he forgot and brought it out134Is this considered an incomplete action since another person lifted and put the load on him (Babli 3a).? On the occasion of the second repetition135The Babli (3b) reports that the question was asked when Rebbi was teaching (or editing) another tractate; it was Rebbi’s practice not to answer questions which did not concern the subject he was currently concerned with. He gave the answer only when he took up Mishnah Šabbat another time. he told him, he is liable because it does not compare to this. Rebbi is of the opinion that when he started to walk it is as if he had taken up the object136If the other person had put the load on him while he was walking, there could be no liability since the action was not that of a single person. But if the load was resting on his back, when he then started walking he started moving the object and this makes the action complete.. In the opinion of Rebbi, if he stood in the public domain and threw but ran and caught it137If this is a question different from the one asked earlier, it must mean that “absorbed it” has to mean that his body absorbed the shock of impact of the object, not that he caught it in his hands. in a private domain, what? But is that not Rebbi since Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.? It is only necessary in case he stood in the private domain and threw but ran and and caught it in a public domain, what? It was found stated: Rebbi declares him not liable until the moment it comes to rest139Public domain by definition is not enclosed by walls; an object is at rest only at the moment it stopped moving. If the object fell down because it hit his body, there was no putting down and no completed action.. Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.. Ben Azzai made the airspace enclosed by karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there.. Rebbi Aqiba made the airspace over public domain like its essence140For example in Mishnah 11:1 where he declares that a person throwing from one private domain to another over the public domain is liable, a statement opposed by the majority.. 141Tosephta 1:1, Babli 6a.“There are four kinds of domain on the Sabbath: Private domain, public domain, karmelit, and dead-end streets142In the Babli: “Exempt space”. This is what one would expect. Dead-end streets can be either public domain or karmelit; their particular status is that by an eruv they can be transformed into private domains, whereas passages open at both ends in general cannot. These differences belong to Tractate Eruvin.. What is private domain? A ditch ten deep and four wide, or a wall ten high and four wide; this is completely private domain. And what is completely public domain? A street143Latin strata (sc. via)., a wide road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב., desert, and passages open at both ends144It is “completely public” because it cannot be turned into a private domain by a symbolic eruv.. One does not export from a private to a public domain nor import from a public to a private domain. If somebody exported or imported in error he is liable for a purification sacrifice; intentionally he is liable for extirpation or is stoned145Desecration of the Sabbath is punishable by Heaven’s extirpation if there are no witnesses or nor proper warning was given, and by the courts if there are witnesses both for due warning and the act itself., whether he exports or imports, or lifts or throws. An ocean, or a valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, or a platform146Latin stibadium, -ii, n., Greek στιβάδιον; a semi-circular couch., or a threshold, or karmelit147Or any other kind of karmelit. are neither public nor private domain; one does not carry there148A rabbinic prohibition of carrying further than four cubits because the karmelit looks like public domain. but if one carried he is not liable.” Rav Joseph said, in fact we have stated149While the technical term karmelit does not appear in the Mishnah, all the examples enumerated in the Tosephta are found in the Mishnah and the rules can be deduced from Mishnaic quotes. all of these. The sea as we have stated there150Mishnah 11:5.: “One who in the sea throws four cubits is not liable.” Not only in the sea four cubits, but even if he throws the entire length of the sea he is not liable, for the entire sea is called karmelit151Since nobody can walk in the sea, it cannot be considered public domain..
A valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
as we have stated152Mishnah Ṭaharot 6:4. The “valley” is agricultural domain accessible only by rural paths, not by a paved road. In the dry season, after the grain was cut and before the fields are ploughed for new seeds, the fields are accessible to everybody. Since there is nothing hidden there, it is like public domain for impurity but since it is not easy of access it cannot be considered public domain for the rules of the Sabbath.: “A valley during the dry season is private domain for the Sabbath but public domain for impurity153Where any question of ritual impurity is resolved by presumption of purity, Soṭah1:2 Note 88.. During the rainy season it is (private) [public]154The word in parentheses is from the text of the scribe here, the reading in the Mishnah, the quote in the Babli (Šabbat 6b, Bava batra 123b), and alluded to in Bava batra 9:8 (Note 87). The text in brackets is that of the first corrector. It was noted by Qorban Haˋedah (as emendation of the Venice text since the ms. was not accessible to this author) and supported by convincing arguments by S. Liebermann (תלמודא דקיסרין p. 17 Note 2, הירושלמי כפשוטו p. 15) and J. N. Epstein (Tarbiz 5, 1934, p. 264) that the text of the scribe is correct and the correction a corruption. In the rainy season the fields are sown, the grain is growing, and any trespass by unauthorized persons is criminal. There is no doubt that the fields have the status of private domain both for the Sabbath and for cases of doubt about impurity. domain for both.” If you say private domain for both it should not need surrounding by animals’ gear, but we have stated155Mishnah Eruvin 1:8.
A caravan which in the dry season uses a “valley” as camping ground for a stay over the Sabbath is required to turn the fields into a guarded place by arranging the (camel or donkey) loads as a symbolic wall (of 10 hand-breadths height). In the interior then one may carry unrestrictedly. This proves that in the dry season the fields are not private domains in the commonly accepted sense; they are karmelit.
: “If they surrounded it by animals’ gear one carries in the interior.”
A platform, as we have stated156Mishnah Eruvin 9:5.: “And similarly one carries under open bridges on the Sabbath, the words of Rebbi Jehudah; but the rabbis forbid.157It is supposed that the bridges are not simply a roadway on a flat support but that they have side walls extending somewhat under the roadway so that seen from below they delineate the space under the bridge. The Sages forbid to carry for four cubits or more in the informally defined space but they refrain from imposing liability; this proves that the prohibition is purely rabbinical; the space can be neither private nor public domain.
A threshold158This is a repetition of an earlier text as referred to by the Notes., as we have stated: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if he completed the work at one time he would not be liable.
Karmelit. Rebbi Ḥiyya stated: karmel “soft full”, neither moist nor dry but average159The same etymology of the quadrilitteral כרמל is given in Sifra Wayyiqra I Parsheta 13(8), Pereq 15(1).. And here it is neither public nor private domain but karmelit. What is karmelit? Rebbi Yasa in the name of Rebbi Joḥanan, for example the store of Bar Justinus160In the Babli (7a) the example is given of a stoa, a roofed domain bounded by pillars. Since such a stoa is a pedestrian mall, not accessible to vehicular traffic; if there is an additional obstacle to free circulation it becomes karmelit. S. Liebermann conjectured that the store in question was situated in such a stoa.. A multi-party courtyard and dead-end streets: if there is an eruv they are permitted, but if no eruv was made they are forbidden161A domain which is not public by biblical standards can be turned into a private domain by an eruv, “mixing” (of domains), by arranging the potential of a common meal for all interested persons. A genuinely public domain cannot be turned into a private domain. Therefore the domains mentioned as candidates for eruv cannot be public domains. They also cannot be private domains since then they would need no eruv.. Rebbi Zeˋirah in the name of Rav Jehudah; Rebbi Zeˋira in the name of Rav Ḥinena in the name of Rebbi Ḥanina162It seems that the correct reading is quoted by Rashba (ad 7a): “Zaˋir bar Ḥinena in the name of Rebbi Ḥanina.”: landings163Even though the reading סמטיות (“paths”, Latin semita, -ae f.) is confirmed by Rashba, the translation follows an emendation of Yefe Enaim, J. N. Epstein (Tarbiz 1(2) p. 135), and S. Liebermann, to read מסטויות (with consonantal first vaw), the Galilean form of Babylonian אצטבא used in the parallel 7a (as in Pesaḥim 5:8). between pillars are judged as karmelit164Since these are obstacles to free circulation; Note 160.. Rebbi Samuel bar Ḥiyya bar Jehudah165In the Yerushalmi this student of R. Ḥanina’s always is quoted with names of father and grandfather; in the Babli (Bava meṣiˋa 72b) he is quoted as R. Samuel bar Ḥiyya. in the name of Rebbi Ḥanina: The flowers166The spaces under the capital of a Corinthian pillar which are too close to the pillar to be part of a thoroughfare. of the pillars are considered karmelit. There it is necessary that they be higher than three [hand-breadths]167The sentence can use some rearrangement: Anything which hinders access in the public domain because it (or its enclosure) is at least three hand-breadths high is considered karmelit.; Ḥiyya the son of Rav: Anything which hinders access in the public domain is considered karmelit. The rabbis of Caesarea say, even thistles, even glass. This is necessary if they are not three [hand-breadths] high168While for Ḥiyya bar Rav the three hand-breadths rule is always needed (Babli 7a), for the rabbis of Caesarea it is suspended if the place cannot be stepped on.. And Rebbi Yose169The parallel in Eruvin 1(1), Note 162, shows that the name is Yasa, R. Joḥanan’s student, and not the fifth generation R. Yose. said: The threshold about which they spoke is four wide but not ten high. If you would say, ten high and four wide, it is a domain by itself 114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. If you would say, ten high but not four wide, that is what Rav Ḥisda said in the name of Assi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways on condition that he not exchange170This is the necessary complement to the earlier statement by Rav Ḥisda , Note 114. The prohibition to use exempt space as an intermediate station in transport from private to public domain is in the Babli 8b; Tosephta 1:6.. But we must deal with the case that it is neither four wide nor ten high171This text contradicts the prior statement that we are dealing with a domain four-by-four wide but not ten high. In addition, a place in the public domain not four-by-four wide and not ten high is public domain and not karmelit. One has to read: “four wide but not ten high” as noted by Qorban Haˋedah.. A threshold in front of the door; others172Babli 6a,9a. Even though in the Mishnah “others” means R. Nathan, here it cannot mean this since R. Nathan dissents. say whenever the door is open it is entirely inside173If the threshold is not 10 hand-breadths higher than the public domain. As Rashba explains (ad 9a), since the outside platform is flush with the interior of the house there is no need to rabbinically forbid carrying from the house to the platform. Tosephta 1:6., when it is locked it is entirely outside. What are we dealing with? If it is roofed174The entrance to the house is covered by a roof fastened to the house and two outside pillars. There is no reason not to consider this part of the house. even when it is locked it is entirely inside, if it is not roofed even when it is open it is entirely outside. But we must deal with the case that it is partially roofed175There are two possible interpretations. One is that one refers to the entrance to a house where the platform in front of the door extends beyond the roof. The other is that one speaks of the entrance to a dead-end street which was made into a private domain by a log lying horizontally over the entrance which is higher than the public road into which it opens. In that case the log, in order to count as a roof, must be four hand-breadths wide. and partially not roofed. What does it mean, when it is locked it is entirely outside? It is permitted for use from it to the outside and from the outside to it. If there was a hole in the door it is forbidden for use from it to the hole and from the hole to it. Rebbi Nathan says, when it is locked it is entirely outside; when it is open it is partially inside and partially outside. And that is what we wanted to say; a threshold of four when the door is locked is entirely outside, also when the door is open it is partially inside and partially outside176Because only the space under the roof is counted as part of the house.. MISHNAH: A person should not sit before the barber close to the time of afternoon prayers unless he has prayed2This Mishnah is not connected with the laws of the Sabbath in contrast to the following ones for which it is an introduction. The general rule is that once there is an obligation to pray, the obligation should be fulfilled before any profane action is taken, in particular if the intended action may be a lengthy one. The problem with afternoon prayers is that it is possible to pray starting half an hour after noon (“the great minḥah”) but the actual obligation starts only an hour and a quarter before sundown (“the small minḥah”). The “hours” mentioned here are variable, one-twelfth of the time between sunrise and sundown. From the Halakhah in the Yerushalmi it is clear that only the small minḥah is taken into account; in the Babli (9b) both times are considered.. Nor should one enter the bathhouse or the tannery, nor start eating, nor sit in judgment; if they started they should not interrupt. One interrupts for the recitation of the Shemaˋ but not for prayer3While there exists a general biblical obligation to pray (Sifry Deut. 41 based on Deut. 10:12) neither time nor texts are fixed by biblical law. Therefore there is no biblical obligation to pray at any fixed time; all rules are rabbinic even if based on Dan.6:11, a book without standing in halakhah. On the other hand, the recitation of the Shemaˋ evenings and mornings is a biblical requirement (Deut. 6:7,11:19). An ongoing activity one interrupts for biblical but not for rabbinic obligations.. HALAKHAH: Mishnah: “A person should not sit before the barber,”177Here starts the discussion of Mishnah 5. etc. We have stated “close to the afternoon prayers.” Rebbi Ḥiyya stated, close to darkness. Our Mishnah needs Rebbi Ḥiyya’s baraita and Rebbi Ḥiyya’s baraita needs our Mishnah. If Rebbi Ḥiyya had stated rather than we, we would have said that he means exactly darkness but not the afternoon prayers. Therefore our Mishnah is necessary. But if Rebbi Ḥiyya had stated rather than we178Clearly this must read: “If we had stated but R. Ḥiyya did not.” This is Rav Nissim of Kairuan’s reading [י.נ. אפשטין, שני קטעים מספרי רב נסים בר יעקב, קובץ על יד ג (1939).], we would have said that everywhere “afternoon prayers” is stated it means afternoon prayers, and everywhere “darkness” is stated it means darkness. Since we stated “afternoon prayers” and Rebbi Ḥiyya stated “darkness”, this implies that “darkness” stated later refers to the time of afternoon prayers179The times indicated in Mishnah 6 are no different from those in Mishnah 5 even though the terminology is different. In itself, the expression “the time of the afternoon prayers” is ambiguous. It may denote “the great Minḥah”, the time when afternoon prayers first become possible, half an hour after Noontime, or “the small Minḥah” when prayers become mandatory, one and a quarter hours before sundown. It is clear that the Yerushalmi identifies “Minḥah” as “the small Minḥah”. The Babli 9b seems to disagree..
Rebbi Ḥananiah the son of Rav Hoshaia’s brother180A student of R. Zeˋira. said, our Mishnah refers to the vulgar, what Rebbi Ḥiyya stated to fellows181Cf. Introduction to Tractate Demay. The vulgar are persons following rabbinic rules in general; the fellows follow all detailed rules, in particular those of purity and tithing. As S. Liebermann has noted, the anonymous Yerushalmi as a matter of principle considers the Mishnah and R. Ḥiyya’s Tosephta (which is not the Tosephta in our hands) as complementary whereas named authors tend to consider them as competing systems.. The rabbis of Caesarea say our Mishnah is following Rebbi Jehudah182In Mishnah Berakhot 4:1, R. Jehudah states that afternoon prayers are only permitted until “the small Minḥah” while the rabbis permit it until nightfall., what Rebbi Ḥiyya stated follows the rabbis. “Before the barber close to the time of afternoon prayers unless he had prayed. Nor should one enter a bathhouse.183Quote from Mishnah 5.” What is the start of hair-dressing? When he starts cutting the hair. But did we not state, if he sat down to have his hair cut and they came and told him that his father had died, he finishes [grooming] his head, whether it was the person grooming or the one being groomed. It is done only when he is wrapped in the shoulder cloth184Latin linteum, i, n. “towel”. Babli 9b.. 185This and the following paragraph are copied somewhat defectively in Qiddušin1:7 (Notes 594–605). What is the start of bathing? Rebbi Zeriqan in the name of Rebbi Ḥanina said, when he opened his belt184Babli 9b.. Rav said, when he took off his shoe. As the following. Rebbi Joshua ben Levi was used to hear the lesson of his grandson every Friday. Once he forgot and went bathing in the public baths of Tiberias; he was leaning on Rebbi Ḥiyya bar Abba’s shoulder. He remembered that he had not heard his grandson’s lesson, turned around and left. When was this? Rebbi Derosai said, he was anointing himself. Rebbi Eleazar ben Rebbi Yose says, he had taken off his clothes. Rebbi Ḥiyya bar Abba said to him, did our teacher not teach us “if they started they should not interrupt”? He said to him, Ḥiyya my son, is that unimportant in your eyes? For anyone who hears the lesson from his grandson is as if he heard it from Sinai. What is the reason? You shall make it known to your sons and grandsons, the day when you stood before the Eternal, your God, at Horeb186Deut. 4:10. A slightly different interpretation un the name of R. Joshua ben Levi in the Babli, Qiddušin 30a.. Rebbi Ḥizqiah, Rebbi Jeremiah, Rebbi Ḥiyya in the name of Rebbi Joḥanan: If you can link the tradition back to Moses, link it. Otherwise, take either the very first or the very last [source]187In a lengthy chain of tradition, the list of intermediaries can be abbreviated.. Giddul said, anybody who quotes somebody should consider it as if the author of the quote stood before him. What is the reason? Only in image a man wanders188Ps. 39:7.. It is written, many a man professes good will, but where will you find one you can trust189Prov. 20:6.? That is Rebbi Zeˋira190Who is the only one strictly following Giddul in questioning any tradition where the tradent could not possibly have known personally the person whom he is quoting, a requirement in a purely oral tradition. R. Joḥanan permits only to abbreviate the list of intermediaries, not the last one from whom the speaker heard it., as Rebbi Zeˋira said, we do not take the traditions of Rav Sheshet into account since he is blind. Rebbi Zeˋira said to Rebbi Yasa, does the Rabbi know Bar Pedaiah that you quote traditions in his name? He said to him, Rebbi Joḥanan quoted them in his name. 191Chapter 14, end (15a line 1). Rebbi Zeˋira said to Rebbi Abba bar Zavda, does the Rabbi know Rav that you quote traditions in his name? He said to him, Rav Ada bar Ahavah quoted them in his name. “Nor the tannery.183Quote from Mishnah 5.” Come and look, does one not avoid people who stink? And you say so? It comes only when he puts on his work clothes194A reasonable explanation of this paragraph has been given by S. Liebermann. R. Yose (the Amora) states later in the discussion of Mishnah 5 that one interrupts what one is doing for the recitation of the Šemaˋ but not for prayer since the recitation does not need concentration and therefore needs only a short moment whereas prayer requires concentration and a longer interruption. The question raised here is that it is forbidden to recite the Šemaˋ (or quote any verse) at smelly places (cf. Berakhot 3:5). Since tanning of hides produces bad smell, the tanner cannot recite anything unless he remove himself from his place of work and cleanse himself thoroughly, which consumes more time than people usually spend for prayer. Therefore reciting the Šemaˋ for a tanner should follow the rules of prayer and he should not be required to interrupt his work. The answer is that he is required to interrupt only if he already has put on his work clothes but not entered the tannery. The fact is noted in the Babli (9b), the question is not asked.. “Nor start eating.183Quote from Mishnah 5.” What is the start of eating? Rebbi Aha, Rebbi Abba in the name of Rebbi195For “Rebbi” read “Rav”; according to Liebermann this is the reading of M. Halawa.: When he washed his hands. Rebbi Aha said, this was said for Qidduš196It seems that this refers to a discussion reported only in the Babli (Pesachim 10a) that Rav allows Qidduš, the declaration of the Sanctification of the Sabbath, to be recited either on wine or on bread. The decision what to do has to be made before the washing of the hands.. Rebbi Abba said, this was said for the benediction197As soon as one has washed his hands he has to start the meal by reciting the benediction over bread (on a weekday).. Rav had washed his hands when his son Hiyya gave a sign to the waiter, who wanted to serve him. He told him, we already started the meal198In Mishnah Berakhot 8:2 it is stated that the House of Shammai permit mixing the cup for Qidduš after one has washed his hands but the House of Hillel require that the cup be mixed before one washes. Since Rav had washed his hands, he would have been able to recite Qidduš over wine only if the wine had been mixed and poured before the washing of the hands when the benedictions over wine and Qidduš are not counted as interruption between washing and starting the meal (as in the German minhag).. 199This paragraph is a copy of one in Berakhot 2:9 (Notes 354–360), ב. Clarification200Greek δήλωμα, ατος, τό.. Rebbi Miasha and Rebbi Samuel bar Rav Isaac were sitting and eating in one of the upper synagogues. There came the time of prayer and Rebbi Samuel bar Rav Isaac got up to pray. Rebbi Misha said to him, Teacher, did you not teach us that once one started one does not interrupt? And Ḥizqiah stated, every one who is not under an obligation and does it anyway is called uneducated201Greek ἰδιώτης, -ου, ὁ.? He said to him, did we not state, “the bridegroom is not liable202Mishnah Berakhot 2:6.,” “the bridegroom if he wants to recite recites203Mishnah Berakhot 2:9..” He answered him, I can explain this following Rabban Gamliel who said, “I shall not listen to you to lift from me the Kingdom of Heaven for one moment202Mishnah Berakhot 2:6..” “Nor sit in judgment.183Quote from Mishnah 5.” Rav Jeremiah and Rav Joseph. One said, when they sat down to judge; the other said, when they start presenting their arguments204Babli 10a in somewhat greater detail. S. Liebermann points out that in the Babli the authors are R. Jeremiah and R. Jonah. (The reading “Rav Jeremiah” is a distortion of the Wilna edition.) Since R. Jonah was the companion of R. Yose the Amora it seems that in both Talmudim one has to read R. Jeremiah (the teacher of RR. Yose and Jonah) and not Rav Jeremiah (bar Abba) of the very first generation of Amoraim, and in the Yerushalmi R. Yose.. 209There exists a parallel text in Berakhot 1:5 (Notes 163–175) available both in the Leiden ms. (ב) and a Genizah text edited by L. Ginzberg (בּ) שרידי הירושלמי pp. 4–5. Where these two sources concur, their text seems preferable.“One interrupts for the recitation of the Shemaˋ but not for prayer183Quote from Mishnah 5..” Rebbi Aḥa said, the recitation of Shemaˋ is a Biblical obligation; prayer is not a Biblical obligation. Rebbi Abba said, the time for the recitation of the Shemaˋ is fixed, the time for prayer is not fixed. Rebbi Yose said, the recitation of Shemaˋ does not need concentration, prayer needs concentration. Rebbi Mana said: I objected before Rebbi Yose: Even if you say that the recitation of the Shemaˋ does not need concentration, the first three verses need concentration. Since there are so few, one will concentrate. Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoḥai: “For example we, who are engaged in the study of Torah, do not interrupt even for the recitation of the Shemaˋ.” Rebbi Joḥanan used to say about himself: “For example we, who are not engaged in the study of Torah, do interrupt even for prayer.210An interesting variant is in בּ: “Even though we are engaged in the study of Torah, we do interrupt even for prayer.” The version of the text here is adopted by the Babli, 11a.”This one follows his own opinion and that one follows his own opinion. Rebbi Joḥanan follows his own opinion since Rebbi Joḥanan said, if only a man prayed the entire day. Why? Because prayer is never in vain.Rebbi Simeon ben Yoḥai follows his own opinion since Rebbi Simeon ben Yoḥai said, if I had stood at Mount Sinai at the moment that the Torah was given to Israel, I would have implored the All-Merciful that He should create two mouths for a man; one for him to exert himself in Torah, and the other one for his needs. But he changed and said, with one mouth already the world almost cannot exist because of the denunciations211Latin delator, -oris, m. “informant”.; if there were two how much more would there be?Rebbi Yose said before Rebbi Jeremiah: The position of Rebbi Joḥanan is identical with that of Rebbi Ḥananiah ben Aqiba, as we have stated: “The scribes of Torah scrolls, Tefillin, and Mezuzot, do interrupt for the recitation of Shemaˋ but do not interrupt for prayer. Rebbi Ḥananiah ben Aqiba212With the parallel sources read “Aqabiah”. said, just as they interrupt for Shemaˋ, so they interrupt for prayer, Tefillin, and all other commandments of the Torah.”Would not Rebbi Simeon ben Yoḥai agree that one interrupts to make a Sukkah or a lulav? Does not Rebbi Simeon ben Yoḥai make the distinction between one who studies to do and one who studies in order not to do? Because he who studies in order not to do would have been better off had he not been born213Babli Berakhot 17a; Lev. r. 35(6), Sifra Beḥuqqotai Introduction (5).. And did not Rebbi Joḥanan say, he who studies in order not to do would have been better off if the placenta he was in was twisted around and he never would have entered the world? The reason of Rebbi Simeon ben Yoḥai is that this one is repeated study and that one is repeated study and one does not push aside one study for the other study. But did we not state214Mishnah Berakhot 1:5.: “He who reads after that did not lose, he is like a man reading in the Torah”? Hence, at the right time it is preferred to Torah. Rebbi Yudan said that Rebbi Simeon ben Yoḥai, since he was enjoying studying Torah, did not prefer Shemaˋ to the study of Torah. Rebbi Abba Mari said, did we not state: “He is only like a man studying Torah.” Hence, at the right time it is like Mishnah. Rebbi Simeon ben Yoḥai follows his own opinion since Rebbi Simeon ben Yoḥai said, he who studies the written Torah does himself good that is not so good. But the rabbis equate the study of the Bible with that of the oral law215Babli Bava meṣiˋa 33a.. MISHNAH: A tailor should not leave with his needle close to sundown lest he forget and leave4Obviously one is permitted to wear clothing on the Sabbath, and in general also jewelry. A person who is not a tailor may wear a jewelry pin on the Sabbath. But a tailor may not wear a pin stuck somewhere on his jacket since this is a tool of his trade rather than ornamentation. Therefore he has to remove all needles and pins stuck in his garment on Friday afternoon.; nor the scribe with his pen. He should not check his garments for lice nor read by candlelight5While the use of lights is required on Friday night (as opposed to later Karaite teaching) it is forbidden to move the lights or refill a lamp with fuel on the Sabbath. Therefore one has to refrain from any activity which might induce one to move a light to improve visibility, such as reading.. In truth6Any rule introduced by “in truth” is unquestioned ancient practice. they said that the teacher may look where the children are reading7Since school children are interested in having the light go out so they do not have to study any more, one does not have to be afraid that they will move the light for better reading. but he may not read himself. Similarly, the male sufferer from gonorrhea should not eat with a female sufferer from flux because of inducement to sin8This has nothing to do with the rules of the Sabbath; it is listed here as another example of a rabbinic prohibition instituted to avoid the possible breaking of a biblical law. The male zav is the sufferer from gonorrhea (Lev. 15:1–15); his impurity is severe, infectious, and needs an elaborate ceremonial for cleansing the healed patient. The female zavah suffers from excessive menstruation or other bloody discharges; her impurity similarly is severe, infectious, and needs a (less elaborate) ceremonial for cleansing the healed patient (Lev. 15:25–30). Since sexual relations with a menstruating woman are forbidden (Lev. 15:24, 18:19), by extension relations with the zava also are forbidden. Therefore, situations that might lead to intimacy with a zavah have to be avoided.. HALAKHAH: Mishnah: “A tailor should not leave with his needle close to sundown lest he forget and leave,”216Quote from Mishnah 6. The entire paragraph is repeated in Chapter 6, on Mishnah 3. etc. It was stated217Tosephta 1:8; Babli 11b.: “A tailor should not leave with a needle in his garment218Friday afternoon he should not leave his work place and go into the public domain lest he carry his tool with him once the Sabbath starts., nor a scribe218aLatin libellarius, -ii, m. with the pen behind his ear, nor a dyer with a sample behind his ear219He carries a sample (Greek δεῖγμα) of his work with him to show potential customers., nor a money-changer with a denar behind his ear. If one of these left they are not liable, the words of Rebbi Meïr220Since they did not take up the tools of their trade with the intent of carrying them on the Sabbath, there is no complete work even if they fail to remove them and while they sinned they are not liable criminally or for a sacrifice.. Rebbi Jehudah says, a craftsman in the ways of his craft is liable221He holds that a professional takes up his tools for any use he may find for them; therefore for him the work always is complete., therefore everybody else222A non-professional may leave his house on Friday afternoon with a tool that is not of his trade for even if he did forget to lay it down before sunset he would not be liable. may leave with one of these.”The argument of Rebbi Meïr seems inverted, as we have stated there223Mishnah 6:3: A woman may not leave (on the Sabbath, from a private domain into the public one) with a needle that has an ear; if she left …” A needle with an ear is used for sewing. Since every woman sews, she is a professional and R. Meïr should declare her not liable following his opinion in the Tosephta.: “If she left she is liable, the words of Rebbi Meïr,” and here he says so? Rebbi Mana said it without attribution, Rebbi Abun in the name of Rebbi Joḥanan: There women usually do it, but here only children leave with this224Since all women are sewing, the rule of the professional does not apply. But professionals do not carry the tools of their trade on the Sabbath, only their small children play adults with these tools or toy imitations on the Sabbath.. The argument of the rabbis seems inverted, as we have stated there223Mishnah 6:3: A woman may not leave (on the Sabbath, from a private domain into the public one) with a needle that has an ear; if she left …” A needle with an ear is used for sewing. Since every woman sews, she is a professional and R. Meïr should declare her not liable following his opinion in the Tosephta.: “But the Sages declare not liable with a plate of make-up or a flask of perfume225Latin foliatum, -ii, n., scil. unguentum, unguent or oil made of the leaves of spicenard...” Therefore with a needle with ear she is liable226As S. Liebermann points out, the text in Chapter 3 reads “with a needle without ear she is liable.” This must refer to a pin which is not a decoration.. Is that a craftsman who is liable in the way of his craft227Since we follow the rule that in a dispute between R. Meïr and R. Jehudah practice follows R. Jehudah, the Sages here are identical with R. Jehudah in the Tosephta. Since a pin is not a universal tool of women, why should she be liable for carrying a pin under the craftsmen’s rule?? Rebbi Yose ben Abun said, explain it for a woman hairdresser228The verb גַּדֵּל means “to braid”. The hairdresser uses a pin to separate strands of unwashed hair of her clients which cling together. This is a tool of trade.. Mishnah216Quote from Mishnah 6. The entire paragraph is repeated in Chapter 6, on Mishnah 3. “He should not check his garments for lice nor read by candlelight,” etc. Even on weekdays it is forbidden since it is not decent229It seems that one should read with the Tosephta (16:22 ed. Liebermann) “On weekdays it is forbidden in public”. Opposed in the Babli 12a by Rav Huna.. It was stated230Babli 12a, Tosephta (16:22 ed. Liebermann). In these sources the statements of the anonymous Tanna and Abba Shaul are switched.: One who checks his garments takes and throws away; only he should not rub231If he caught a louse, he should throw it away and not kill it by rubbing it between thumb and a finger.. Abba Shaul says, he may rub and throw away, only he should not kill. Ḥizqiah said, one who kills a louse is like one who kills a camel232Babli 12a, in the name of the Tanna R. Eliezer. Since mammals were slaughtered in the Tabernacle, killing a mammal on the Sabbath certainly is a capital crime. Babli 107b.. Samuel broke off its hands and feet and gave if to the children233Since underage children do not have religious obligations, they may kill lice with impunity. The Babli, 12a, reports the same from R. Naḥman.. Rebbi Yose ben Rebbi Abun put it in a flask234To kill the lice after the end of Sabbath.. Rebbi Simeon ben Ḥalafta said, did we not understand this from the purple snail? Does the purple snail have sinews and bones? But was it not stated: Any which has neither sinews nor bones does not live more than six months235While murder is always forbidden, killing a person who according to medical science does not have 12 months to live is not prosecutable. On the other hand, purple dye was used in creating the priestly vestments and the gobelins of the Tabernacle; therefore killing a purple snail for the production of dye is a capital crime. If a louse does not live a full year, killing it is a capital crime according to the second argument and does not create liability by the first. The two rules appear to be inconsistent. Cf. Babli Ḥulin 58a.? For Rebbi Yose ben Rebbi Abun said in the name of Rav236Red: Rebbi. Zevid, the Holy One, praise to Him, turns around His world once in seven years237While a louse qua louse cannot live a full year, it may morph into something which can; therefore killing it is forbidden on the Sabbath.. 238These sentences are difficult to understand. There exists a parallel in the Babli Bava qamma 16a where R. Ḥananel quotes the Yerushalmi in extenso:
ר׳ יוסי ב״ר בון בשם ר׳ זביד אחת לשבה הקב״ה מחליף עולמו ממוחו דרישא מתעבד עקרב ודמעיא סממה תולעתא דסוסיא מתעבדא עוראי. ודתורתא מתעבדא דברי עכברא דתורא מתעבד חזיר בר. שיזרתא דנונא מתעבדא נדל. דתניא צבוע זכר לאחר ז׳ שנִים נעשה ערפד ערפד לאחר ז׳ שנִים נעשה קימוש. קימוש לאחר ז׳
שנִים נעשה חיה ויש אומרים חוה חוה לאחר ז׳ שנִים נעשה שד שדרתו של אדם לאחר ז׳ שנִים נעשה נחש והני מילי בההוא דלא כרע במודים.
Rebbi Yose ben R. Abun in the name of R. Zevid: the Holy One, praise to Him, turns around His world once in seven years. The marrow in the head becomes a scorpion and that of innards a lizard. A horse worm turns into a wasp, that of cattle into a bee. The spine of a fish turns into a centipede. As is stated, a male hyena after seven years turns into a bat, a bat after seven years turns into a hedgehog, a hedgehog after seven years turns into a wild animal; some say a snake. A snake after seven years turns into a demon. A human’s spine after seven years turns into a snake; this refers to one who does not bow down at “we thank”.
Since all words in this version are identifiable, it has to be considered as lectio facilior. In the original version, קמקמה is unidentified (unlikely قمقام “moth”). Kohut proposes Farsi خمخم “crab”. Liebermann reads קמוסא “hedgehog”. The three words חו רב פדה should be read as one, חרפדה which is the same as ערפד “bat”. חר אפר again is a corruption of the same word. דמנייא seems to be a corruption of the word דמעיא quoted by R. Ḥananel. Also שר seems a misreading for שד “demon”.
The last sentence refers to the penultimate benediction in the Amidah, the main prayer, where one is required to bow down while reciting “we are thanking You”. This last statement is quoted in many Medieval liturgical tractates, starting with R. Amram Gaon’s Siddur.
Qamqama turns into Ḥu-Rav-Padah. Ḥar-Efer turns into Šer. The head louse turns into a scorpion and the one of garments into a lizard. A horse worm turns into a wasp, that of cattle into a bee. A male hyena turns into a female, a field rat turns into a wild boar. The spine of a fish turns into a centipede, of a human into a snake. When? If he does not bow down with his entire spine239Babli 12b. While the Mishnah forbids investigating one’s garments for lice Friday nights, he permits investigating food.. Rebbi Ḥiyya stated: But one may investigate what is in the cup or the pot without worry239Babli 12b. While the Mishnah forbids investigating one’s garments for lice Friday nights, he permits investigating food.. Some want to say, because it is for a short time240A cursory inspection will not lead one to move a candle.; but some want to say because of cleanliness or danger241To inspect food for worms or other contamination is a biblical obligation which has precedence over rabbinic prohibitions.. What is the difference between them? To separate lettuce leaves242To prepare lettuce, the leaves have to be washed and/or inspected for worms and snails. This takes time.. For him who says, because it is for a short time, it is forbidden. For him who says, because of cleanliness or danger, it is permitted. Rav Jeremiah243The Babylonian Rav Jeremiah bar Abba, student and colleague of Rav who was nephew and student of R. Ḥiyya. Babli 12b. visited Rav Assi, who mixed a cup for him. He started inspecting it. His house companion244Rav Assi’s wife. said to him, look what he is doing! He told her, because he follows his teacher’s245Rav. In the Babli, it was Rav Jeremiah’s servant who inspected the cup; in that version רַבֵּיהּ has to be translated “his master” with no reason indicated why Rav Jeremiah should follow R. Ḥiyya. argument, as Rebbi Ḥiyya stated: But one may investigate what is in the cup or the pot without worry. “Nor read by candlelight”216Quote from Mishnah 6. The entire paragraph is repeated in Chapter 6, on Mishnah 3.. Samuel said, they stated that only for a single person246A single person may not do anything which might lead him to move a burning light (Note 5), two people who can warn one another if one be tempted to touch the light may read together.. Therefore for two, who can hinder one another, it is permitted. Samuel’s baraita247Tosephta 1:11. This characterizes the Tosephta as Babylonian. disagrees with him: “Both a light which he can turn as one which he cannot turn.” Ulla bar Ismael in the name of Rebbi Eleazar: Even many. In the opinion of Rebbi Eleazar even if it248If the burning light is out of reach of the person who is reading. is very high, even if it is in (one)249With the Tosephta read אַחֵר “another”. house, even if it is on a look-out250Latin specula, -ae, f.. It was stated, lest he forget and turn251Babli 12b. This is the reason why reading by candlelight is forbidden.. 252Tosephta 1:13, Babli 12b.“Rebbi Ismael said, I will read but not turn. He forgot and almost turned. He said, how great are the words of the Sages who said, lest he forget and turn. Rebbi Nathan says, he actually turned and wrote on his writing tablet253aGreek πίναξ, -ακος, ὁ., Ismael ben Elisha turned the light on the Sabbath. When the Temple will be rebuilt he is liable for a purification sacrifice.” There, we have stated253Mishnah Avot 2:4.: “Do not believe in yourself up to the day of your death.” It happened that a pious man sat and stated, do not believe in yourself up to your old age, as I Am. There came a spirit to tempt him, and he started to err after her254He asked her for sex.. She told him, do not feel bad, I am a spirit. Go and be equal to your colleagues255Formulate the Mishnah to read “up to the day of your death.”. Mishnah: “In truth they said that the teacher may look where the children are reading.” Rebbi Eleazar said that every place where they stated “in truth” it is practice going back to Moses on Mount Sinai256Chapter 10 (Note 48), Kilaim 2:2 Note 36, Terumot 2:1 Note 16, Nazir 7:3 Note 179 (in Chapter 10 and Nazir in the name of R. Eliezer); Babli 92b, Bava meṣiˋa 60a. Since the prohibition to read by candlelight is purely rabbinic, the expression “going back to Moses on Mount Sinai” is an exaggeration. Probably it simply should say “it is practice”, i. e., without dissent; this is the formulation of the Babli, 92b.. What does he have to put in order? The beginnings of paragraphs [or] verses257Since one does not teach children new subjects on the Sabbath but one helps them to commit to memory what they did learn during the week, all they have to see are the beginnings of verses to remember the full text.. It was stated258Tosephta 1:12.: “Rabban Simeon ben Gamliel said, children prepare the beginnings of verses by candlelight.” What about it? These want the light to go out7Since school children are interested in having the light go out so they do not have to study any more, one does not have to be afraid that they will move the light for better reading., those259The adults who are forbidden to read by candlelight. do not want the light to go out. Mishnah216Quote from Mishnah 6. The entire paragraph is repeated in Chapter 6, on Mishnah 3.: “Similarly, the male sufferer from gonorrhea should not eat with a female sufferer from flux.” It was stated260Babli 13a, Tosephta 1:14.: Rebbi Simeon ben Eleazar says, look how far purity did spread, as it is said261Gen. 30:30., for the little which you had expanded mightily; 2621Chr. 4:38. The implication is that in both cases the increase was the reward of exact observation of the rules of purity.and their families expanded mightily. They did not decide to say, the pure may not eat with the impure263From the parallels it is clear that one should not read “the pure may not eat with the impure (m.)” but “the pure may not eat with the impure (f.)”, i. e., a husband may not eat with his wife during her menstrual impurity. They did not have to spell this out because people by themselves followed this rule., but they said, the male sufferer from gonorrhea should not eat with a female sufferer from flux264As an example of the general rule that a male may not eat with a woman with whom he could not sleep.; therefore the male sufferer from gonorrhea with a female sufferer from skin disease is permitted265Since a female sufferer from skin disease is not restricted in her sexual activity as will be shown in the next sentence.. He shall dwell outside his tent266Lev. 14:8. The “tent” is an euphemism for the wife with whom he sleeps, as in Deut. 5:27, where Moses reports that he was commanded by God to tell the people “to return to their tents” after the epiphany of Sinai where they had been forbidden intercourse for three days prior (Ex. 19:15), except for Moses who was commanded “to stay with Me” (Deut. 5:28).
The use of the masculine suffix, his tent, is interpreted to exclude the female from restriction of sexual activity. The verse refers to the healed sufferer from skin disease in the process of his purification. There is a dispute whether the prohibition of sexual relations extends to the time of actual sickness. The Babylonian sources [Keritut 8b, also Moˋed qatan 7a; Sifra Mesoraˋ Parashah 2(11)] are unanimous that the prohibition does not extend. This also seems to be implied by Mishnah Negaˋim 14:2. But the text here implies that any male sufferer from skin disease is forbidden sexual relations (which in Sifra is labelled as opinion of R. Yose ben R. Jehudah.)
but not outside her tent. A male sufferer from skin disease with a female sufferer from flux is forbidden; a male sufferer from skin disease with a female sufferer from skin disease is forbidden267Since the prohibitions only depend on the status of the male.. It was stated268Babli 3a, Tosephta 1:15.: “The House of Shammai say, a Pharisee sufferer from gonorrhea may not eat with a vulgar269A vulgar person is one who does not observe the rules of purity outside of the Temple and cannot be trusted to tithe his produce. A Pharisee is a person who observes these obligations with all their rabbinic additions, cf. Introduction to Tractate Demay. It is possible that here the labels “vulgar” and “Pharisee” refer only to the observation of the rules of purity in daily life. sufferer from gonorrhea, but the House of Hillel permit it.” What is the reason of the House of Hillel? This one suffers from gonorrhea and that one suffers from gonorrhea270Since the sufferer from gonorrhea is severely impure, even if he is Pharisee he cannot eat anything in purity.. But what is the reason of the House of Shammai? If he gets used to him during the days of his impurity he will remain used to him in the days of his purity271A pure Pharisee cannot eat with a vulgar person because the latter by his touch will make the food impure.. The Elder Rebbi Ḥiyya commanded Rav272Who came from Babylonia, an impure country, where eating one’s food in purity is impossible in principle., if you are able to eat profane food in purity the entire year long, eat it. But if not, eat it seven days per year273The Days of Repentance between New Year’s Day and the Day of Atonement [ROSH Rosh Hashanah, end, in the name of Raviah (ed. Aptowitzer) vol. 2 p. 208, cf. the earlier sources noted there, Note 6].. 274This baraita is the end of the Babylonian Mishnah Soṭah (quoted in Avodah zarah 20b); it is not in the Yerushalmi Mishnah. The entire paragraph appears in a slightly different version (adapted to the Babylonian Mishnah) in the hand of the first corrector in Šeqalim 3:4; the differences will be indicated in the Notes. The Šeqalim text, with the Babylonian version, consist- ently has the full form “a brings to b”.
There also exists a Genizah text edited by L. Ginzberg (op. cit. Note 25 p. 66ff.) which here is too fragmentary to be of much use.
The different version has the sequence cleanliness purity holiness meekness fear of sin piety Holy Spirit resurrection. In Yerushalmi sources it also is found in Cant. rabba 1(9) whereas the version in the text here is in the Munich ms. of the Babli Avodah zarah 20b. The Šeqalim text is reproduced in Midrash Prov. Chap. 15[32]. The different implications naturally require different verses.
“From here did Rebbi Phineas ben Yair say, promptitude brings to cleanliness, cleanliness brings to purity, purity brings to holiness, holiness to meekness, meekness to fear of sin, fear of sin to the Holy Spirit, the Holy Spirit to piety, piety to the Resurrection of the Dead, the Resurrection of the Dead through Elijah, may his remembrance be a blessing.”“Promptitude to cleanliness,” he finishes, and he atones275It seems that the correct quote is given in Šeqalim: וְכִלָּה֙ מִכַּפֵּ֣ר he finishes to atone (Lev. 16:20). The High Priest, who has to perform all the rites of the day of Atonement unaided, has to be quick because only if he finishes all required ceremonies will there be atonement..“Cleanliness to purity,” the Cohen shall atone for her, then she will be pure276Lev. 12:8..“Purity to holiness,” he shall purify it and sanctify it277Lev. 16:19..“Holiness to meekness,” for so says the High and Elevated One, Who thrones eternally, His name is Holy, in sublimity and holiness I dwell, and the suppressed and of meek spirit278Is. 57:15. The verse is explained differently in the Babli, Megillah 31a..“Meekness to fear of sin,” the consequence of meekness is fear of the Eternal279Prov. 22:4. In the first quote, the implied meaning “consequence” is intended, in the second the original meaning “heel”.. Rebbi Isaac bar Eleazar said, what wisdom proclaimed as a crown to its head, meekness made a heel for its sandal280Latin solea, -ae f. “sandal”., for it is written, the head of wisdom is the fear of the Eternal281Ps. 111:10. The usual meaning is the beginning of wisdom is …, but it is written, the heel of meekness is fear of the Eternal279Prov. 22:4. In the first quote, the implied meaning “consequence” is intended, in the second the original meaning “heel”..“Fear of sin to the Holy Spirit,” as it is written, then you will understand and knowledge of God you will find282Prov. 2:5..“The Holy Spirit to piety,” as it is written, then You spoke in a vision to Your pious283Ps. 89:20..“Piety to the Resurrection of the Dead,” as it is written, I shall give My Spirit into you and you will live284Ez. 37:14..“The Resurrection of the Dead through Elijah, may his remembrance be a blessing,” as it is written, behold I am sending to you Elijah the prophet, before the coming of the great and awesome day of the Eternal, that he turn the fathers’ hearts to the sons and the sons’ hearts to their fathers285Mal. 3:23–24..It was stated in the name of Rebbi Meïr: Anybody permanently in the Land of Israel who eats his profane food in purity, speaks in the holy language, and recites the Shemaˋ mornings and evenings is assured to participate in the life of the World to Come286In Šeqalim: “… eats his produce in purity, …, may be told that …”.. MISHNAH: These9The Yerushalmi version (and Maimonides’s text) refers to the preceding Mishnaiot 1–6. The Babli’s version ואלו “and the following” refers to the following Mishnaiot. are of the practices which were pronounced at the upper floor of Ḥananiah ben Ḥizqiah ben Garon10He is famous for having explained away the apparent contradictions between the book of Ezechiel and the Pentateuch; his explanations have not come down to us. “Ben Garon” or “Ben Gurion” seems to have been his family name., when they came to visit him. They voted and the House of Shammai had the majority over the House of Hillel; eighteen items they decided on that day11These 18 prohibitions which were forced by the House of Shammai on the House of Hillel are only partially the rules explained in the Mishnaiot here; different lists are given in the Talmudim.. HALAKHAH: Mishnah287Quote from Mishnah 7.: “These9The Yerushalmi version (and Maimonides’s text) refers to the preceding Mishnaiot 1–6. The Babli’s version ואלו “and the following” refers to the following Mishnaiot. are of the practices which were pronounced at the upper floor of Ḥananiah ben Ḥizqiah ben Garon10He is famous for having explained away the apparent contradictions between the book of Ezechiel and the Pentateuch; his explanations have not come down to us. “Ben Garon” or “Ben Gurion” seems to have been his family name., when they came to visit him,” etc. 288Cf. Tosephta 1:16–17, Babli 153b (17a).“This day was hard for Israel like the day on which the Golden C alf was made. Rebbi Eliezer said, on that day they filled the bushel to overflow. Rebbi Joshua said, on that day they filled the bushel to the rim. Rebbi Eliezer said to him, if it was deficient and they filled it it would have been reasonable, as with an amphora full of nuts; if you fill it with sesame seeds it will be strengthened289There is much empty space between the nuts where sesame seeds may fall it. If they settle at the bottom, the amphora becomes more stable. If it had said, מַחֲזֶּקֶת אוֹתָם the translation would have been “contains them”.. Rebbi Joshua said to him, if it had been full and they diminished it, it would have been reasonable, as with an amphora filled with oil; if you add water to it it dilutes the oil.290They are engaged in a discussion about the principles of Pharisaic Judaism, couched in a dispute whether to compare the legalistic rabbinic framework to a bushel of dry or fluid measure. R. Eliezer, an adherent of the House of Shammai who was a student of the Hillelite Rabban Joḥanan ben Zakkai, compares biblical commandments to nuts in a barrel and rabbinic additions to small grains which fill the spaces between the nuts and give stability to the amphora. His view of Judaism is static; he views all rabbinic enactments as positive.
By contrast, R. Joshua compares biblical commandments to oil; his view of Judaism is dynamic. He accepts rabbinic enactments only if they do not threaten to cause overflow, in which case biblical commandments may be lost because of rabbinic stringencies. He has a dim view of the ordinances from the House of Ḥananiah ben Ḥizqiah ben Garon.
” Rebbi Joshua from Ono stated: The students of the House of Shammai were standing downstairs and killing the students of the House of Hillel. It was stated, six of them went up; the rest were standing around them with swords and lances. It was stated, eighteen things they decided, in eighteen they were a majority and in eighteen they were divided291In this opinion, there were 54 items up for discussion, 18 were unanimously decided, 18 where the House of Shammai had a majority but it was not unanimous and not accepted by the House of Hillel, and 18 where the discussion was inconclusive. This explains the difficulty both Talmudim have to come up with the list of the 18 decrees which were definitely issued. In the Babli 14b only two groups of 18 are mentioned.. The following they decided: About Gentiles’ bread, and about their cheeses, and about their oil292The prohibitions, later partially lifted, of Gentile bread, cheese, and olive oil, are discussed in Avodah zarah Chapter 2; a copy of some of the discussion is reproduced later in the present Chapter., and about their daughters293A Gentile female is treated from birth as permanently impure like a menstruating woman, making sexual relations with her a rabbinic deadly sin. Babli Avodah zarah 36b., and about their semen, and about their urine294While biblically a living Gentile cannot be impure and neither are his body fluids, rabbinically his semen and urine are treated as if he were impure as a sufferer from gonorrhea, to avoid homosexual contacts. Babli Avodah zarah 36b., and about the rules of a person with an emission295The restrictions on religious performances imposed on a person having had sexual relations or an emission of semen before he went to a miqweh, as detailed in Tractate Berakhot 3:4, Notes 173–200., and about the rules of the land of Gentiles296The land outside the territory of Israel obviously was considered impure already in the times of the prophet Amos (Am. 6:17). Who formalized the rules of this impurity is a matter of controversy (Babli 14b). It seems that the new decision was to decree impurity for regions of the Holy Land inhabited by Gentiles (Ḥagigah 3:4, 79b l. 75, Babli 25a).. There we have stated297Mishnah Zavim 8:12. The Mishnah is also quoted and discussed in the Babli 13b as list of the 18 items.: “The following make heave unusable. One who eats food impure in the first degree, and one who eats food impure in the second degree298Heave must be eaten in purity (Num. 18:11,13). According to biblical standards, only original impurity or at most its first derivative can make food impure. Therefore heave which was touched by a person who ingested food one or two steps removed from original impurity should become impure in the second or third degree and therefore be permitted for the Cohen. By rabbinic usage, heave may become impure in the second degree and invalid in the third., and one who drinks impure drinks299While solid food impure in the k-th degree imparts impurity of the (k+l)st degree on what it touches, by rabbinic practice impure fluid always causes impurity of the first degree in what comes in touch with it. This is a precaution because the body fluids of a sufferer from gonorrhea are carriers of original impurity., and one who comes with his head and most of his body in drawn water300This is a purely rabbinic decree instituted so people should not substitute a bathtub for a ritual bath (miqweh)., and a pure person on whose head and most of his body fell three log drawn water301This is an appendix to the decree described in the preceding Note. A log is slightly more than half a liter., and a scroll302A Torah scroll makes hands which touch it impure in the second degree. This was instituted to hinder people to store food next to the Torah scroll, which would expose the scroll to the danger of being eaten by mice. As a consequence one has to cover one’s hand with the tallit if for some reason one has to manipulate the parchment with one’s hands., and hands303Washed hands are pure. They remain pure only as long as one is aware of their washed status. At the moment one’s attention is diverted from this, they revert to the status of unwashed hands and automatically are impure in the second degree (even if the person’s body remains pure.) Therefore touching heave with unwashed hands invalidates heave as impure in the third degree. (Cf. Tractate Yadaim)., and the Ṭevul yom304By biblical decree, an impure person who purifies himself by immersion in a miqweh may consume sanctified food only after the next sundown (Lev. 22:7). The biblical text does not specify what the status is of the person between immersion and sundown, when he is called ṭevul yom “immersed during daytime”. While he is pure, by rabbinic convention (but following some opinions by biblical decree) he invalidates sanctified food by his touch as if he were impure in the second degree (cf. Sotah 5:2 Notes 42,46,47,68.), and food and vessels which became impure by fluids299While solid food impure in the k-th degree imparts impurity of the (k+l)st degree on what it touches, by rabbinic practice impure fluid always causes impurity of the first degree in what comes in touch with it. This is a precaution because the body fluids of a sufferer from gonorrhea are carriers of original impurity..” The rabbis of Caesarea said, of those which they decided there were seven of those where they had a majority305They disagree with the statement that 36 items were discussed; some decrees were passed by a majority short of unanimity. Cf. Babli 17b.. The others are the following: A person being on the road when it gets dark gives his wallet to a Non-Jew306A Jew on the road late on Friday evening may give his valuables to a non-Jew and retrieve them later. While in general it is forbidden to ask a Gentile to do something for a Jew which is forbidden to himself, this is an exception.. Similarly, the male sufferer from gonorrhea should not eat with a female sufferer from flux because of inducement to sin. All movables transmit impurity by the thickness of the yoke307The standard bar of a yoke has circumference of one hand-breadth, therefore a diameter of 1/π hand-breadth. By biblical decree, a “tent” under which there is a corpse induces original impurity in everything under it if only it is susceptible to impurity. By definition, a “tent” is any cover at least one hand-breadth wide. By rabbinic decree this is extended to round beams of circumference of one hand-breadth. Tosephta 1:18.. How one harvests grapes on a broken field308A “broken field” is a field which contained a grave (of uncertain location) ploughed under, where the entire field might be impure since a bone may have been dislocated by the plough. The problem is to harvest the grapes in purity to make pure wine; Mishnah Ahilut 18:1. The House of Hillel have a prescription for this; the House of Shammai disagree and require the grapes to be cut from the vine with a flintstone knife (or some other permanently pure implement) and transported in a basket woven of willow twigs, which is impervious to impurity. It is asserted that practice has to follow the House of Shammai.. One who puts vessels under the pipe309The waters of a miqweh become invalid if they are in a vessel. If one builds a conduit of spring water into the miqweh which never had the status of a vessel, this is fine. But if the pipe is supported somewhere by vessels, the House of Shammai declare the miqweh invalid in all cases, against a more lenient opinion of the House of Hillel who declare it valid if the vessels were forgotten, not put there intentionally. Tosephta 1:19.. For six doubts one burns heave310Mishnah Tahorot 4:5. While in general it is forbidden to burn edible heave which is not certainly impure, there is a list of six cases in which one considers a doubt as equivalent to certitude of impurity.. Rebbi Yose ben Rebbi Abun said, also the growth of heave311If heave of grain is taken as seed grain, the entire crop has the status of heave even though by biblical rules the new growth would not have been heave. (Babli 17b; Mishnah Terumot 9:4 Note 57).. The following they decided: the first ten and the remainder from what Rebbi Simeon ben Yoḥai stated: On that day they decided about their bread, and their cheeses, and their wine292The prohibitions, later partially lifted, of Gentile bread, cheese, and olive oil, are discussed in Avodah zarah Chapter 2; a copy of some of the discussion is reproduced later in the present Chapter., and their vinegar312Which may have been wine originally. Wine vinegar needs certification of kosher supervision., and their fish brine313Which may be from forbidden fish, without fins and scales., and their muries314Latin muria, -ae or muries, -ei f. “brine, fish sauce”; cf. Avodah zarah 2:4, Note 241., and their preserves, and their parboiled food, and their corned food315Anything cooked by Gentiles is rabbinically forbidden under the rules and exceptions detailed in Tractate Avodah zarah Chapter 2., and on split grain, and on ground food, and on peeled barley316,Mishnah Makhshirin 6:2. Produce may become impure only if it had been “prepared” for it by intentional contact with one of the fluids which may cause impurity (water, wine, olive oil, blood, milk, bee’s honey). It is assumed that any grain undergoing some manufacturing process was moistened to facilitate the production; therefore it is treated as certainly susceptible to impurity.317טִיסָּנִי is Greek πτισάνη, Latin transcription ptisana. tisana, -ae, f. peeled barley., on their speech318This item is not clear. It may mean a prohibition to study Greek or Latin, or it may be identical to the next item, that Gentile testimony is inadmissible in a rabbinic court. The first interpretation is preferable since then the statement of R. Simeon contains exactly 18 items, i. e., it is his list of the 18 items., and on their testimony319The only testimony of Gentiles admitted in a rabbinic court is the testimony of a Jew that a Gentile gave certain information without being asked., and on their gifts320One should not in general accept gifts from a Gentile; cf. Avodah zarah Chapter 1., on their sons294While biblically a living Gentile cannot be impure and neither are his body fluids, rabbinically his semen and urine are treated as if he were impure as a sufferer from gonorrhea, to avoid homosexual contacts. Babli Avodah zarah 36b., and on their daughters293A Gentile female is treated from birth as permanently impure like a menstruating woman, making sexual relations with her a rabbinic deadly sin. Babli Avodah zarah 36b., and on their firstlings321This also is not clear. It may refer to the rule that a firstling born of an animal partially owned by a Gentile is profane.. 323This and the following paragraphs are from Avodah zarah 2:9, partially also from Ševiˋit, Terumot, and Maˋaser Šeni; fully documented with variant readings and explained there in Notes 347–386. The order of the paragraphs is different. One discusses the original list of the 18 decrees.Their bread. Rebbi Jacob bar Aḥa in the name of Rebbi Jonathan: this is of the practices of obfuscation. Rebbi Yose said, so I asked before Rebbi Jacob bar Aḥa: What means “of the practices of obfuscation? Do we say, at a place where Jewish bread is available it is logical that Gentile bread should be forbidden and they obfuscated about it and permitted it? Or at a place where Jewish bread is not available it would be logical that Gentile bread should be permitted and they obfuscated about it and forbade it? Rebbi Mana said, is there any obfuscation for prohibition? But is bread not like cooking of Gentiles? Are we saying: At a place where no Jewish cooking is available it would be logical that Gentile cooking should be permitted? But it must be the following: At a place where Jewish bread is not available it would be logical that Gentile bread should be forbidden and they obfuscated about it and permitted it because of the necessities of life. The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: Following the words of him who was permitting, but only from the store; but one does not do this. They said before the Elder Rebbi Ḥiyya: Rebbi Simeon ben Yoḥai stated thus: Food you shall buy from them with money and eat, and also water you may acquire323This and the following paragraphs are from Avodah zarah 2:9, partially also from Ševiˋit, Terumot, and Maˋaser Šeni; fully documented with variant readings and explained there in Notes 347–386. The order of the paragraphs is different. One discusses the original list of the 18 decrees., etc. As water is not changed from its natural state, so anything which was not changed from its natural state. They objected: Are there not their dry beans, פנקריסין and קובטיות, roasted grain, and hot water permitted? One understands all of these because they can be soaked and return to their former state. What about roasted grain? Rebbi Yose ben Rebbi Abun in the name of Rav said: Any food which can be eaten alone raw is not in the category of Gentile cooking but one may use it for eruv tavšilin324The symbolic common meal of the dwellers at a dead-end street which converts it into a private domain, cf. Note 142.. How does Rebbi Ḥiyya explain food you shall buy from them? You shall buy with food. If you fed him you bought him. If he causes you trouble buy him with food or otherwise ply him with him money. They said, that is what Rebbi Jonathan did. When he saw that a superior came to his town, he sent him an honor gift. What did he say? If a suit involving an orphan or a widow came he would have a way to mollify him. Their cheese. Rebbi Jeremiah said, why is a Gentile’s milk forbidden? Because of admixture from forbidden animals. It was stated so: “There is nothing to worry if the Jew stands with the herd while the Gentile milks and brings to him.” Rebbi Abba in the name of Rav Jehudah, Rebbi Simon in the name of Rebbi Joshua ben Levi: Why is a Gentile’s milk forbidden? Because of uncovering. Let him make cheese! Rebbi Samuel ben Rav Isaac said, because of the poison left between the holes. It was stated so: There are three kinds of poison; one swims, one sinks down, and one is similar to a net on top. In the days of Rebbi Jeremiah the barrels of the Great Assembly were uncovered. The first ones drank and did not die. The later ones died. I say that it was sinking poison. Workers were in the field. The water pitcher was uncovered. The first ones drank and did not die. The later ones died. I say that it was sinking poison. 325This paragraph is from Terumot 8:5, Notes 139–142.“Uncovering is not a danger for oil and vinegar, brine, and muries, and honey, but Rebbi Simeon forbids. The Sages agree with Rebbi Simeon when it was seen pecking.” It was stated thus326Tosephta Terumot 7:17, Babli Avodah zarah 30b.: “If a watermelon was pecked and ten people ate from it or wine was uncovered and ten people drank from it, it is forbidden to eat or drink after them; I say that there was sinking poison.” Their oil. Who forbade the oil? Rav Jehudah said, Daniel forbade it. Daniel was careful not to defile himself by the king’s repast and the wine he drank327Dan. 1:8.. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joḥanan, but some say it in the name of Rebbi Joshua ben Levi: For it they were climbing up King’s Mountain and were killed for it. And who permitted it? Rebbi and his court permitted it. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They should have called him “a permissive court”, for any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about bills of divorce.Rebbi Joḥanan asked: Did we not state328Mishnah Idiut 1:5., “for no court may invalidate the words of another court unless it be greater in wisdom and numbers”? And Rebbi and his court permit what Daniel and his companions forbade? Rebbi Joḥanan follows his own opinion, for Rebbi Joḥanan said in the name of Rebbi Eleazar ben Rebbi Ṣadoq, I have a tradition that any restrictive edict passed by a court which is not accepted by the majority of the public is not an edict. They checked and found in the matter of the edict about oil and did not find that a majority of the public followed it. Isaac bar Samuel bar Martha went down to Nisibis. He met Rebbi Simlai the Southerner who sat and expounded: Rebbi and his court permitted the oil. Samuel accepted this and ate. Rav did not eat. Samuel told him, eat! Otherwise I shall declare you a rebellious Elder. He answered him, when I still was there I knew who complained about it, Rebbi Simlai the Southerner. He told him, did he say it in the name of himself? No, in the name of Rebbi Jehudah the Prince. He bothered him and he ate. Their daughters. Rebbi Eleazar said, in seven places it is written do not intermarry with them329The text as quoted is written only once, Deut. 7:3, an equivalent text is Ex. 34:16. In any case, since the prohibition is biblical, how can it be counted as rabbinic decree? Babli Avodah zarah 36b. In the Genizah fragment published by L. Ginzberg (p. 67) one reads בשבועה מקומות “in oath places”. S. Liebermann wants to delete “places” and retain the statement “an oath, it is written”, i. e., it cannot be a rabbinic prohibition. The text as it appears here is quoted in Soṭah 1:8 (Note 285). Rebbi Abun said, to forbid seven peoples330As enumerated in Deut. 7:1. The prohibition of all other Gentiles is rabbinic.. Rebbi Joshua from Ono stated, to forbid their eggs. Rebbi Ismael stated, and the ostrich’s daughter331Lev. 11:16.. This is the ostrich’s egg332Eggs of impure birds are forbidden like the birds. Babli Ḥulin 64b.. Their semen. But did not Rebbi Aḥa, Rebbi Ḥinena say in the name of Rebbi Joḥanan, a Gentile’s semen is pure for semen cannot be discharged without urine333Since the rules of impurity of genital discharges were given only to the “children of Israel” (Lev. 15:2). Any purity imputed to Gentiles must be rabbinic only; Babli Niddah 34a.. About the rules of a person with an emission295The restrictions on religious performances imposed on a person having had sexual relations or an emission of semen before he went to a miqweh, as detailed in Tractate Berakhot 3:4, Notes 173–200.. Rebbi Abba bar Aḥa in the name of Rebbi. He may study practical rules but not homiletics. It was stated in the name of Rebbi Yose: He may repeat known rules but he may not expound the Mishnah. Some want to say, he may not mention the Divine Name334This paragraph is a short quote from Berakhot 3:4 (Notes 186–189); Babli Berakhot 22a.. And about the rules for the land of Gentiles. 335This paragraph is from Ketubot 8:11, explained there in Notes 96–105. Cf. Babli 14b. But did not Rebbi Zeˋira bar Abinna336Read with Ketubot: “R. Zeˋira, R. Abuna”. say in the name of Rav Jeremiah: Joseph ben Yoezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity of the land of Gentiles and of glass vessels; Rebbi Jonah said, Rebbi Jehudah ben Tabbai. Rebbi Yose said, Rebbi Jehudah ben Tabbai and Simeon ben Šetaḥ decreed impurity of metal vessels; Hillel and Shammai decreed about purity of hands337They codified popular practice that unwashed hands are always impure in the second degree.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi: so practice had been in their hands but they forgot it. The secondary [authorities] came and agreed with the intent of the first ones. To teach you that everything for which the Court made a real effort will in the end be confirmed for them as it was said to Moses on Sinai. This comes as Rebbi Mana said, for it is not an empty matter for you338Deut. 32:42. Quoted in Sukkah 4:1., if it is an empty matter, it is from you since you do not exert yourselves for it. For it is your life. When is it your life? Any time you are exerting yourselves for it. Samuel said, they taught this only about the eighteen. Therefore, other than the eighteen even a lesser [court] may abolish339A court of lesser standing than the one which issued a decree may abolish it as long as it is not of the Eighteen Decrees described earlier.. They objected, is there not the Sabbatical year? This is not of the eighteen items, and Rebbi Joḥanan (said it)340The word was written by the scribe; it was deleted by the corrector. As S. Liebermann has shown, the deletion is unjustified. R. Joḥanan both formulated a tradition and questioned its validity. The following text is from Ševiˋit 1:1, Notes 6–7. and asked about it. Rebbi Krispedai341In Ševiˋit 1:1, his name is Crispus. in the name of Rebbi Joḥanan: Rabban Gamliel and his court abolished the prohibitions of the first two terms342Agricultural work is forbidden in the Sabbatical year. In Tractate Ševiˋit, rabbinic interpretation infers from verses that also the preparation of fields or orchards for the new sowing or planting season, in summer and early fall, is forbidden in the months preceding New Year’s day of the Sabbatical. These terms are different for sowing and planting; they are referred to as “the two periods.”
However, since the biblical commandment of the Sabbatical is intrinsically connected with that of the Jubilee, it cannot be in force when the Jubilee is not in force, i. e., if not all of Israel dwells on the ancestral land distributed by Joshua. Therefore during the Second Commonwealth the Sabbatical was a rabbinic institution. Rabban Gamliel (of Jabneh, the first Patriarch after the destruction of the Second Temple) decided that in the absence of the Temple the rabbinic institution of the Sabbatical should continue without extensions. While his Court was the highest authority in his time, he could not compete in standing with the Men of the Great Assembly who established the rules for the Second Commonwealth.
. Rebbi (Jonathan) [Joḥanan]343The text in parentheses is that of the Leiden ms., the [correct] one in brackets is from the Geniza fragment which is legible at this place. asked. Did we not state328Mishnah Idiut 1:5., “for no court may invalidate the words of another court unless it be greater in wisdom and numbers”? There came Rav Abun, Rav Jehudah in the name of Samuel: they taught this only about other [decrees] than the eighteen. Therefore, the eighteen even a greater one cannot abolish, because they fought for it with their lives. Rebbi Mana said, this makes it reasonable that it is not so; since this is a case of force it is invalid344The first argument was that the 18 decrees must be inviolate because people were killed for it; R. Mana’s argument is that the decrees were imposed by force and therefore are intrinsically invalid.. They objected, is there not oil which is of the eighteen? And Rebbi (Jonathan) [Joḥanan]343The text in parentheses is that of the Leiden ms., the [correct] one in brackets is from the Geniza fragment which is legible at this place. objected! Rav Cahana the son of Rebbi Ḥiyya bar Abba; Rebbi Aḥa bent it in the name of Rebbi Joḥanan: Oil, they abolished what was abolished345As stated earlier, the decree about Gentile olive oil never was accepted by the people; it never became enforceable law.. Naḥman, the son of Rebbi Samuel bar Naḥmani in the name of Rebbi Samuel bar Naḥmani: The five kinds of purification sacrifices which are left to die, if the Court decides to abolish, they may abolish346Mishnah Temurah 3:1. A purification sacrifice is an obligation; it cannot be offered voluntarily nor can there be more than one sacrifice for one obligation. Also it is most holy; its sacred status cannot be abolished. Therefore the calf born to an animal dedicated as purification sacrifice, or a substitute for such an animal, or one whose owner had died, or a dedicated one which became too old to be sacrificed, or one which was lost and found later when it had developed a defect and the owner in the meantime had offered a substitute, are intrinsically holy but forbidden as sacrifices. The rule, classified in the Babli (Bekhorot 16a, Temurah 18a) as “tradition”, i. e., being part of the original institutions of post-exilic Judaism, possibly older, is treated here as rabbinic interpretation.. Rebbi Ḥiyya bar Ada said, that means that they are not sent to die but are used for voluntary sacrifices. But as far as sacrificing on the altar is concerned, no purification sacrifice destined to die may be sacrificed347While biblically the animal cannot become a sacrifice in any form, if it develops a blemish it can be sold as profane and the money used for additional Temple sacrifices.. MISHNAH: The House of Shammai say, one does not soak ink12Blocks of soot or sepia used to make India ink. This and the following rules are based on a fundamental disagreement between the House of Shammai, who hold that a person may not use his vessels for any procedure which he could not do on the Sabbath, and the House of Hillel who allow a person’s machines to work for him as long as he does not risk temptation to interfere with their working on the Sabbath., chemicals, or vetch13For animal feed., unless they will be soaked when it still is daylight; but the House of Hillel permit it. HALAKHAH: Mishnah: “The House of Shammai say, one does not soak ink12Blocks of soot or sepia used to make India ink. This and the following rules are based on a fundamental disagreement between the House of Shammai, who hold that a person may not use his vessels for any procedure which he could not do on the Sabbath, and the House of Hillel who allow a person’s machines to work for him as long as he does not risk temptation to interfere with their working on the Sabbath., chemicals, or vetch,”348Quote from Mishnah 9. etc. What is the reason of the House of Shammai? Six days you shall work and do all your deeds349Ex. 20:9. The argument is quoted in Tosephta 1:21, Mekhilta dR. Simeon ben Yoḥai p. 149.. All your deeds, finish them by daylight. What is the reason of the House of Hillel? Six days you shall work on your works and on [the seventh] day350Ex. 23:12.. How do the House of Hillel explain the reason of the House of Shammai, six days you shall work and do all your deeds? When they work with their hands351While work on the Sabbath is forbidden, letting machines work for you on the Sabbath is permitted.. How do the House of Shammai explain the reason of the House of Hillel, six days you shall work on your works and on [the seventh] day? Following what was stated352Tosephta 1:23, Babli 18a; Mekhilta dR. Simeon ben Yoḥai p. 149. The Tosephta stated rules common to the Houses of Hillel and Shammai even if the reasons for permission or prohibition may be different for the Houses. It is clear from the Tosephta that the House of Shammai forbid soaking ink in water during the Sabbath only because nothing of it is usable when the Sabbath begins, while watering a garden or smoking out lice from a garment is useful even if done only for a short time. The Babli disagrees, 18a (Explanation of S. Liebermann.), “One opens a water canal leading into a garden on Friday evening and it is continuously watered on the Sabbath. One puts ointment353Greek κολλύριον, τό. on an eye on Friday evening and it is continuously healing on the Sabbath. One puts a compress on a wound on Friday evening and it is continuously healing on the Sabbath. One puts burning incense under clothing on Friday evening and it is continuously smoked on the Sabbath. One puts sulfur under clothing on Friday evening and it is continuously sulfured on the Sabbath. One may not give wheat into a water mill on Friday evening unless it will be completely ground as long as it is daylight.” Rebbi Ḥaggai said, because it is making noise354In the Babli 18a this is an argument of the Babylonian Rabba. Since some grain will have been turned into flour, without this argument also the House of Shammai would permit milling flour in a watermill on the Sabbath.. Rebbi Yose said to him, this is fine if one holds with Rebbi Jehudah. But for the rabbis, just as they say because not every single drop was started, so they say here because not every grain kernel was started355This refers to Mishnah 2:4 where R. Jehudah permits feeding a burning light on the Sabbath with oil dripping from a vessel above the fire while the majority forbid it.. Rebbi Yose ben Rebbi Abun said, because he is apt to forget and will push the peg356According to him by biblical law milling on the Sabbath in an automatic mill is permitted according to both Houses; the prohibition is purely rabbinic; both Houses agree that it should be forbidden because the miller will hear when the milling is done and move a peg on his mill, which is a Sabbath desecration.. The House of Shammai put a question to the House of Hillel which they could not answer; the House of Hillel put a question to the House of Shammai which they could not answer. 357Tosephta 1:21.“The House of Hillel said to the House of Shammai, do you not agree with us that one may load the beam of the olive press and the round stone of the wine press18The House of Shammai agrees with the House of Hillel that one may fill oil- or wine-press on Friday afternoon, install the pressure mechanism, and let the fluid ooze out during the Sabbath. The reason is that the forbidden work on the Sabbath would be the crushing of olives or grapes, not the flowing out of oil or grape juice. But this crushing is done immediately when pressure is exerted, on Friday.? They did not find an answer.” Rebbi Zeˋira said, if I would not put my head between the lions I could give a reason. There, each drop already was dislocated358The essential work was done before the Sabbath started, cf. Note 355.; here what can you say? The House of Shammai put a question to the House of Hillel which they could not answer. 359Tosephta 1:20.“The House of Shammai said to the House of Hillel, do you not agree with us that one does not roast meat, or onions, or an egg, unless they be completely roasted when it is still daylight19Cooking by human intervention on the Sabbath is forbidden. Since roasting is a short process which needs constant attention, it cannot be done on the Sabbath.? They did not find an answer.” Rebbi Zeˋira said, if I would not put my head between the lions I could give a reason. There, onion, meat, or egg, usually are flipped360If one roasts on a hot metal plate one has to continuously flip the meat etc. to avoid it being burned. If one roasts on a spit one has to continuously turn the spit. In both cases, one may not do this by biblical decree.; here, what can you say? Rebbi Yudan said, if they were roasted like Ben Derosai’s food361The technical term for very rare food. Technically cooked food is considered cooked before the Sabbath if it was rare by sundown. But this cannot apply to roasted food for people who do not eat their food very rare.. They forbade something which usually is flipped unless it be completely roasted as long as it is still day. Rebbi Mana said, it is not reasonable that it should be permitted. For they can say to them, how can you respond to us with something which ordinarily is completely roasted when it still is day about something which ordinarily cannot be completely soaked when it still is day362R. Mana argues that even for the House of Shammai very rare cooked food is considered completely cooked for the rules of the Sabbath, the only exception being roasted food which requires constant flipping since otherwise the House of Hillel could argue that the objection of the House of Shammai compares apples and oranges.? MISHNAH: The House of Shammai say, one does not put bundles of flax into an oven unless they are steamed when it is still daylight14Flax is first soaked in water, then heated in an oven to whiten the fibers. At the start of the heating process the soaked fibers give off steAm., nor wool into a vat unless it may absorb the dye, but the House of Hillel permit it. HALAKHAH: Mishnah: “The House of Shammai say, one does not put bundles of flax into an oven,”363Quote from Mishnah 10. The discussion is only about the second part of the Mishnah, about the dyer and his vat. etc. What profit does he have? Rebbi Abbahu said, for example these villagers who do not care364Which dyer would start dying on Friday afternoon when he knows the he will not have control over the process and cannot guarantee the outcome? If he dyes cloth for a rural population which is not insistent on quality. Then he can use his installation also on the Sabbath and reduce his overhead to undercut the competition..Rav Jehudah in the name of Samuel: Only if the vat was taken off. But if the vat was fixed, it is forbidden, since he will be afraid that his dye will have been absorbed and he will add water365Even the House of Hillel will allow only to keep the cloth in the dye but not to heat it on the Sabbath since that would require periodically adding water which is a deadly sin on the Sabbath.. Rebbi Samuel in the name of Rebbi Abbahu: The House of Hillel learn permitted work from forbidden work. Would it not be forbidden if he did it on the Sabbath? When he did similarly as long as it is still daytime it is permitted366If the vat is taken off the fire before sundown, the House of Hillel have absolutely no restrictions about what may be done Friday afternoons.. MISHNAH: The House of Shammai say, one does not set traps for wild animals, or birds, or fish unless they may be caught when it is still daylight, but the House of Hillel permit it. HALAKHAH: 369Quote from Mishnah 10. The entire piece is copied from Beṣah 3:2 (י); it is a commentary on the Mishnah there. The Genizah text is reasonably complete here (G). Mishnah: “The House of Shammai say, one does set traps for wild animals, or birds, of fish,” etc. Who informs? If the trap was sprung, it is certain that they were caught when it still was day. But if the trap was not sprung, it is certain that they were not caught when it still was day. And even if the trap was sprung, in worry one may say that they were not caught when it still was day370Mishnah Beṣah 3:2 reads: “One may not take from traps set for game, birds, or fish on the eve of a holiday unless one know that it was caught before the onset of the holiday. It happened that a Gentile brought fish to Rabban Gamliel who said they are permitted but I do not want to accept from him.” The question arises how can one know that an animal was trapped unless one go there and take it out before the holiday. Does the first part of the Mishnah have any practical application? The answer is that by observation from afar one may determine what happened.
The main subject of Tractate Beṣah is the requirement, based ostensibly on Ex. 16:5, that on the Sabbath and holidays only food prepared beforehand may be consumed. Since cooking on the Sabbath is forbidden, there is no problem regarding Sabbath observation. For the holidays there first is the problem of extending a commandment given for the Sabbath to holidays and second the fact that cooking and other preparation of food is permitted (Ex. 13:16). Therefore the application of the requirement of preparation can refer only to the accessibility of raw materials. If an animal is trapped before the onset of the holiday it is prepared in this sense and may be taken and turned into food on the holiday. Another question then is whether the extension of Ex. 16:5 to holidays is considered biblical (when cases of doubt have to be resolved restrictively) or rabbinic (when cases of doubt have to be resolved leniently).
. Rebbi Yose ben Rebbi Abun said, if it was set in a forest. You should know that it is so since we have stated “fish”. Are fish not there where they are found? Also here at a place where game and birds are found371The rules prescribed are a legal fiction (in the Babli, Beṣah 24b, ascribed to the last generation of Tannaןm). They can be relied on only in situations where the probability of correctness is significantly larger than 50%. (Quoted by Tosaphot 17b s.v. אלא).. Rebbi Ḥiyya in the name of Rebbi instituted that it should not happen372In the editio princeps and all later editions, the word לְהַל in the Leiden ms. (לְהָל in G) is read as להל׳, abbreviation of להלכה “as practice”. The evidence of G excludes this interpretation. The word is otherwise unknown in the rabbinic, Hebrew or Aramaic, vocabulary. It seems to be the same as Arabic لهلة which in Wehr’s Dictionary is described as “used in wishes contrary to what one expects to happen” or in Brelot “(discours) très faible”. R. Ḥiyya reluctantly formulated Rebbi’s ruling (or. R. Zeˋira Rav’s). The expression is not in Beṣah, but there seems to be no reason to delete it from the text.. They wanted to say, they are permitted the next day373This now refers to the fish brought by a Gentile to Rabban Gamliel. Did he want to say that they can be handled by Jews on the holiday but not eaten on that day or are they as if prepared by a Jew beforehand (Babli Beṣah 24a)?. Rebbi Ḥizqiah and Rebbi Uziel the son of Rebbi Onias of Barat Hauran: They are really permitted. They wanted to say, its doubt made it permitted. Rebbi Ḥanina and Rebbi Jonathan both say, if in doubt whether it was prepared it is forbidden374As explained earlier, the disagreement is whether the requirement of prior preparation is biblical or rabbinic.. But Rebbi Joḥanan said, in doubt whether it was prepared it is permitted. The Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi, one said a Gentile needs preparation, the other said, a Gentile does not need preparation374As explained earlier, the disagreement is whether the requirement of prior preparation is biblical or rabbinic.. We did not know who said this and who said that. From that Rav refrained from coming before the Elder Rebbi Ḥiyya who asked him, where have you been? He told him: a caravan passed by and I ate figs from them375The Gentile caravan arriving on the holiday. this implies that he said, a Gentile does not need preparation. A student of [Rebbi]376Reading of G and י. Simai went to Antipatris377This is generally accepted as explanation of the otherwise unexplained and diverse names reported for the place.; they brought him Morocco-plums378According to H. L. Fleischer, New Greek δαμάσκηνος “Damascus plum”; δαμάσκηνα “Damascus plum tree”. and he ate. A student of Rebbi Joshua ben Levi went there; they brought him Morocco-plums and he did not eat. He came and told it to his teacher who said to him, this one follows the argument of Rebbi Simai, as Rebbi Simai said, a Gentile does not need preparation. Rebbi Abbahu in the name of Rebbi Joshua ben Levi: The red grapes in a vineyard are forbidden. Rav Huna in the name of Rav: The hard dates on palm leaves are permitted379Grapes which still are hard at harvest time and left to ripen in late autumn do not fall down by themselves; one must assume that they were plucked from the vine on the day they were brought; one may not accept them from a Gentile who brings them on a holiday. But dates in a similar case will fall down, one may assume that they were collected from the ground and may be accepted.. MISHNAH: They House of Shammai say, one does not sell to a Non-Jew, nor put a load on him unless he may reach a nearby destination15Where he can unload. While the Gentile is not obligated to keep the Sabbath, the House of Shammai prohibit the Jew from causing any work that would have been forbidden to himself. The House of Hillel disagree since the Gentile is an intelligent being responsible for his own actions., but the House of Hillel permit it. HALAKHAH: Mishnah: “They House of Shammai say, one sells to a Non-Jew,”380Quote from Mishnah 11. etc. What means “a nearby destination”? It should be as Samuel said, for example as from Ḥuṭra to Nahardea; here it is the same381“Nearby” must have a definite legal sense if it is used in the Mishnah. It is not known where Samuel stated his criterion; Pene Moshe points to the “lost” Yerushalmi (?) of Chapter 23:4 where the Mishnah uses the same term.. Some want to say, until he reaches his home. But some want to say, until he reaches his town. Rebbi Aqiba says, that he leaves the place of the door when the day becomes holy around him382Tosephta 1:22.. Rebbi Joḥanan said, these are the words of Rebbi Yose: But Rebbi Aqiba comes to determine following the words of the House of Hillel383All this is reproduced in the Babli 18b. Following R. Aqiba, the Gentile must have left the space of 4 cubits around the exit at sundown, “when the day becomes holy.” In R. Joḥanan’s interpretation, R. Aqiba determines the exact meaning of the position of the House of Hillel in the Mishnah.. One does not give to a Gentile on condition that he leave. If he left, you do not have to interfere. One does not give to a dog on condition that he leave. If he left, you do not have to interfere384These sentences appear as a baraita in the Babli, 19a.. 385An almost identical paragraph is in Avodah zarah 1:1 (Notes 53–55), referring to Jewish craftsmen working for Gentile employers on their holidays. It was stated: Gentile workmen who were working for an Israel386On the Sabbath., in the Israel’s house it is forbidden, in their houses it is permitted. Rebbi Simeon ben Eleazar said, when has this been said? For contract work387The craftsman is paid for the completed work, irrespective of the time he needs to compete the job. He is an independent businessman working for himself, not for the Jew.. But for one hired by the day it is forbidden. When has this been said, when it was cut from the ground, but as long as it is standing on the ground it is forbidden. In another town, in any case it is permitted. What means “in any case”? Whether cut from the ground or standing on the ground; whether a hireling or contract work. Rebbi Illa said, whether separated from the ground or connected to the ground, but only for contract work. Rebbi Simeon ben Barqana388In Avodah zarah: ben Carsana. In the quote by Tosaphot 18a (s.v. אין, 17b): ben Cahana. in the name of Rebbi Aḥa: Concerning Sabbath, mourning, and idolatry, practice follows Rebbi Simeon ben Eleazar389The statement for the Sabbath is here, the one for Avodah zarah is quoted in Note 385. The quote about mourning is a parallel baraita in Semaḥot 5:8 detailing the rules under which a craftsman in mourning may work. The statement is accepted as practice in Halakhot Gedolot and most medieval halakhic authors.. One sends letters through a Gentile neither on Friday nor on Thursday. The House of Shammai forbid even on Wednesday but the House of Hillel permit390The Babli 19a permits to send letters at any time by government mail or if the Gentile acts as contractor, that he is paid by the piece and not by the time he spends in delivering the mail; then he is a contractor and not an employee of the Jew.
Sefer Hamanhig (Hilkhot Šabbat § 146) and Or Zarua (Hilkhot Šabbat §146) argue that the House of Hillel, of whom it is not specified what they permit, must permit to mail a letter even on Friday since if they simply negate the statement of the House of Shammai their position would be identical to that of the anonymous Tanna and should not have been mentioned separately. The same argument holds for the next paragraph.
. They said about Rebbi Jose391In the Genizah text and several Babli mss.: Joseph. the Cohen that his handwriting never was found in the hand of a Gentile. One embarks on the ocean neither on Friday nor on Thursday. The House of Shammai forbid even on Wednesday but the House of Hillel permit392Babli 19a, Tosephta 13:13, Tanḥuma Šelaḥ 1 (both the Babli version). The reason given by North-African authors is that sea travel always is dangerous and there is a likelihood that the traveller will have to violate the Sabbath. Ashkenazic authors prefer to explain that people embarking shortly befor the Sabbath will be seasick on the Sabbath and unable to enjoy the day. The sentence about short trips which are permitted even on Friday supports the North-African authors.
Sefer Ravan (§60) quotes a reading in the Yerushalmi in the name of his son-in-law R. Joel that the disagreement of the Houses of Hillel and Shammai is about Tuesday, not Wednesday. But in R. Joel’s text quoted by his son Ravia (§385) the text is as our Yerushalmi. In Pesaḥim 4:1 (30d l. 32) it is stated that R. Jehudah forbade all travel on the ocean. (He was a student of his father who in turn was a student of R. Eliezer who often followed the teachings of the House of Shammai.) S. Liebermann points out that while not much information can be drawn from the Genizah fragment of which at this point less than a third is legible in each line, it is clear that a sentence is missing in our Yerushalmi since there the permission to travel from Tyre to Sidon is quoted twice.
. If it is not dangerous, as from Tyre to Sidon, it is permitted. One does not lay siege to a Gentile city within three days before the Sabbath. That is in a war of choice393Neither the war of Joshua nor a purely defensive war.. But in a war of obligation even on the Sabbath, for so we find that Jericho was conquered only on a Sabbath, as it is written, so you shall act for six days394Jos. 6:3., and it is written, on the Seventh Day you shall circle the city seven times395Jos. 6:4. The Seventh Day is interpreted as the Sabbath.. And it is written, until it fell396Deut. 20:20. Babli 19a; Sifry Deut. #204,203; Tosephta Eruvin 3:7. In the last quote, two sources attribute the argument to Shammai and one to Hillel., even on the Sabbath. MISHNAH: The House of Shammai say, one does not give hides to the tannery worker nor clothing to the Non-Jewish washer unless the work may be done when it is still daylight. In all cases, the House of Hillel permit as long as the sun still shines16As long as the Gentile is an independent contractor, the Jew can hand work over to him even in the last seconds before sundown..
Rabban Simeon ben Gamliel says, my father’s house used to give their white garments to a Non-Jewish washer three days before the Sabbath17While they promulgated the rules of the House of Hillel as generally valid, they privately followed the rules of the House of Shammai.. They both agree that one may load the beam of the olive press and the round stone of the wine press18The House of Shammai agrees with the House of Hillel that one may fill oil- or wine-press on Friday afternoon, install the pressure mechanism, and let the fluid ooze out during the Sabbath. The reason is that the forbidden work on the Sabbath would be the crushing of olives or grapes, not the flowing out of oil or grape juice. But this crushing is done immediately when pressure is exerted, on Friday.. HALAKHAH: Mishnah: “One does not give hides to the tannery worker,397Quote from Mishnah 12.” etc. How long398Since practical rules are given, the question must have been asked for the House of Hillel, what practically means “as long as the sun shines”.? It should come like what Rebbi Joḥanan said in the name of Rebbi Onias399He is R. Onias from Barat Hauran. It is not clear where else R. Joḥanan in the name of R. Onias gave a similar measure., the time needed to walk four miles400About 1 hour.. And here, if he gave his clothing to the Gentile fuller and found him treating them on the Sabbath, it is forbidden401If the Gentile washed the garments on the Sabbath, the Jew may not wear them.. Rebbi Yudan said, he should tell him not to do it. Rebbi Yudan, the father of Rebbi Mattaniah said, that is, for goodwill402If the Gentile is not paid, the Jew should tell him not to work for him on the Sabbath. But if he receives a set fee for each piece, he works for himself and is not bound by Jewish rules.. But for a fee, he looks after his work. “Rabban Simeon ben Gamliel says, in my father’s house they used,403Quote from Mishnah 13.” etc. They mentioned only white, therefore not colored. Following our routine we infer that white garments are more difficult to wash than colored ones404Washing colored clothes requires less care. Babli 19a.. “They both agree403Quote from Mishnah 13.,” etc. Rebbi Samuel and Rebbi Yose ben Ḥanina both say, because every single drop was moved from its place358The essential work was done before the Sabbath started, cf. Note 355.. Rebbi Aḥa said, Rebbi Yose ben Rebbi Ḥanina asked, may one touch the flow405While both the Houses of Hillel and Shammai permit starting the process of pressing olives or grapes on Friday evening close to sundown, the question for the House of Hillel is whether the fluid oozing out may be used on the Sabbath or may not be touched as a rabbinic precaution to prevent biblically prohibited use.? The rabbis of Caesarea said, Rebbi Joḥanan and Rebbi Yose bar Ḥanina disagreed; Rebbi Joḥanan said it is forbidden; Rebbi Yose bar Ḥanina said, it is permitted. A baraita disagrees with Rebbi Yose bar Ḥanina: They both agree that one may not touch the flow406In the Babli, 19a/b, the full baraita quoted shows that this is R. Aqiba’s tradition, opposed by R. Ismael and R. Eleazar.. MISHNAH: One does not roast meat, onions, or an egg, unless they be roasted when it still is daylight19Cooking by human intervention on the Sabbath is forbidden. Since roasting is a short process which needs constant attention, it cannot be done on the Sabbath.. One does not put bread dough into the oven when it gets dark nor pita on coals unless they form a crust. Rebbi Eliezer says, unless they form a crust at their bottoms20Once the crust has formed, bread quickly bakes by itself and does not need human help. Since the process of baking pita-bread is very short, there is no danger that the baker would stir the coals. Removing the pita from the walls of the oven where they are baked is classified as an art, not work.. HALAKHAH: Mishnah: “One does not roast meat, onions, or an egg, unless they be roasted when it still is daylight,”408Quote from Mishnah 14. etc. Rebbi Bun bar Cahana in the name of the rabbis: A dish which is fully cooked one may leave on a cooking stove which is not covered with ashes409A kirah is a portable clay cooking stove, usually with two burners, which is heated with charcoal. If the coals are covered with ashes, one may leave the pot on the fire on the Sabbath since the heat is diminished and the coals will stop to burn. Babli 37b.. Rebbi Zeˋira asked: Meat, onion, and egg shrink and it is bad for them410It is a rule that all food may remain on the stove if continued cooking will detract from its quality; Babli 36b.. This one is shrinking and it is good for it, and you say so? Maybe this was said only for hot water. Rebbi Samuel came, Rebbi Zeˋira asked: It is forbidden to leave hot water which was fully heated on a cooking stove which is not covered with ashes. Rebbi Bevai in the name of Rebbi Joḥanan: A dish of beef which was cooked as Ben Derosai’s food361The technical term for very rare food. Technically cooked food is considered cooked before the Sabbath if it was rare by sundown. But this cannot apply to roasted food for people who do not eat their food very rare. one may return on a cooking stove covered with ashes. This comes like what Rebbi Aḥa said in the name of Rebbi Joḥanan: One warns somebody who puts a pot on top of coals. When it will be cooked as Ben Derosai’s food it is forbidden.411And the perpetrator will have desecrated the Sabbath. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of the important Rebbi Simeon: Hot water which was fully heated one may return on a cooking stove which is not covered with ashes412As shown in the sequel, this tradition is impossible and has to be corrected by the last tradent.. Rebbi Zeˋira asked: To leave on is forbidden but to return is permitted? Maybe it was only said for the Passover sacrifice. There Rebbi Aḥa in the name of the important Rebbi Simeon: The Passover sacrifice413If Passover falls on a Sabbath and one is required to roast the meat before the Sabbath and to keep it hot until it is eaten after the seder. Since it is fully roasted there is no cooking; the only problem is that one might be tempted to tend to the coals, which would be a desecration of the Sabbath. But since the Passover is celebrated in a group, one may assume that the members of the group would prevent anybody from stirring the coals. which was fully roasted one may return on a cooking stove which is not covered with ashes. “One does not put bread dough into the oven.408Quote from Mishnah 14.” Rebbi Jacob bar Aḥa in the name of Rebbi Assi: Women are more careful with bread than with dishes. What is the difference between bread and dish? A dish one usually eats hot, bread one usually does not eat hot414Why must a dish be completely cooked before the Sabbath while bread only has to start forming a crust? Since bread is never eaten hot, there is no danger that one would be tempted to stir the coals because of it.. There, they say, hot bread is accompanied by fever. A wasp, cold; a scorpion, hot. He who switches is in danger415This is a piece of Babylonian medicine. Eating hot bread is unhealthy, the sting of a wasp has to be treated by cooling it (Babli Avodah zarah 28b), the sting of a scorpion by heat.. Rebbi Eliezer agrees that the shew-bread is not called bread until it develops a crust in the oven416Even though R. Eliezer holds here that bread is baked if it only developed a crust on one side, he agrees that the shew-bread is not acceptable unless it has a crust on all sides.. MISHNAH: One hangs the Passover lamb into the oven when it gets dark21If the 15th of Nisan is a Sabbath, the Passover sacrifice has to be roasted in the night; overriding the rabbinic Sabbath prohibition. Naturally the roasting process has to begin when it is still Friday; the only leniency is that no minimal time has to elapse between the start of roasting and sundown. Although roasting was specifically prohibited in Mishnah 14 even if no further human intervention was necessary, in this case it is permitted since the Passover lamb is prepared and eaten by a group, not a single cook, and they can be expected to watch one another that no stirring of coals or adding of fuel will occur.. One starts a fire at the fire place in the heating chamber22The fireplace in the Temple where the priests can warm themselves in cold nights. Again this fire burns in the presence and for the benefit of a group and no desecration of the Sabbath is expected. As a general rule, rabbinic restrictions relating to the Sabbath are not applied in the Temple., but outside the Temple only if the fire has started burning on most of the logs23Since it would be a Sabbath desecration to intervene to get a fire started (Ex. 35:3) one has to be sure that the fire in the fireplace does not need human intervention. This means that all logs must have started burning.. Rebbi Jehudah says, on charcoal any amount24He holds that charcoal burns easily; even if only one log started to burn, all of them will burn in due course without human intervention.. HALAKHAH: Mishnah: “One hangs the Passover lamb into the oven,21If the 15th of Nisan is a Sabbath, the Passover sacrifice has to be roasted in the night; overriding the rabbinic Sabbath prohibition. Naturally the roasting process has to begin when it is still Friday; the only leniency is that no minimal time has to elapse between the start of roasting and sundown. Although roasting was specifically prohibited in Mishnah 14 even if no further human intervention was necessary, in this case it is permitted since the Passover lamb is prepared and eaten by a group, not a single cook, and they can be expected to watch one another that no stirring of coals or adding of fuel will occur.” etc. There417Mishnah Pesaḥim 5:10. In contrast to the Mishnah here, this speaks of the case that the 14th of Nisan is a Sabbath; roasting the sacrifice may start only at nightfall, after the end of the Sabbath., we have stated: “At nightfall they went out and roasted their Passover sacrifices.” And you are saying so418From the Mishnah here it seems that roasting may be done on the Sabbath; the Mishnah there excludes it.? Rebbi Yose said, groups are careful419The reason for the Mishnah here is not because of a biblical prohibition which would be to stir the coals or to add fuel. To avoid the possibility of such violation of the Sabbath one forbids leaving on the fire anything not fully cooked. But for the Passover which is a group celebration, such a fear would be unfounded (Note 21). Maˋaser Šeni 3:2 Note 36; Babli 20a, Eruvin 106a, Pesaḥim 85a.. The Passover sacrifice you return whole, you do not return it carved420Only the whole animal is a group affair; once individual portions are cut they must follow the rules of common food.. Rebbi Samuel in the name of Rebbi Zeˋira: Because of its invalidity421This is a new subject. While in general a dish cooked as Ben Derosai’s food can be returned and reheated, for the Passover this is forbidden; if the Passover sacrifice is roasted on Friday afternoon it must be well done overall.. Rebbi Yose said, this is correct. You cannot eat it for it is written422Ex. 12:9., do not eat from it raw. You cannot roast it for he should not be roasting it on the Sabbath. If you are telling him that he may do it, he will not roast it completely when it still is daylight. Since you tell him that it is prohibited, he will roast it completely when it is still daylight423The previous permission (Note 413) to return the Passover sacrifice is given only for the uncut body; once a piece has been cut to check whether it was well done it cannot be returned. This forces one to finish the roasting process before cutting anything.. Rebbi Eleazar ben Rebbi Yose424The Tanna, son of R. Yose ben Ḥalafta. His question was answered in the negative by the late Amoraim just quoted. asked, if he roasted it whole and carved it up, may he go back and heat it? Rebbi Zeˋira, Rav Jehudah in the name of Rav: Four pyres are in a minimal amount. A pyre of pressed-out olives, a pyre of manure, a pyre of fat, a pyre of pits are in a minimal amount425These materials can be lit on Friday evening any moment before sundown since if the fire starts anywhere it will quickly spread to all of the fuel. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits is in a minimal amount. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: A willow basket full of pits, if they are collection, by their majority; if they are distributed, by the majority of each heap. Do they disagree? Here fat ones, there lean ones426The two statements of R. Abba seem to contradict one another. Only kernels containing oil do not need a minimum of burning substance before nightfall.. Rebbi Yose in the name of Rav Jeremiah, Rebbi Ḥananiah bent it in the name of Rav: Cuttings from date palms below and wood on top, when the fire appears between them it is permitted427While the Mishnah requires that the fire spread to most of the fuel, if there are two distinct kinds of fuel only one of them has to be aflame in its majority.. Rebbi Ḥelbo in the name of Rav Huna: A log and most of it by the majority of its circumference. What means by the majority of its circumference? At one place or at most of its entire surface area? It was found stated: Until it became unfit for work428This means that the Mishnah requires that most of the logs burn before sundown.. So is the Mishnah: Also on charcoals any amount429The plural “charcoals” requires a plural in “any amount”.. MISHNAH: With what may one kindle and with what may one not kindle? One kindles neither with bast1According to the Yerushalmi, bast of a kind of willow, Greek λύγος, ἡ. The Babli, 20b, defines as cedar bast., nor with raw flax, nor with silk noil2The Yerushalmi defines both here and in Kilaim 9:2 (Note 33) as “imperial אגבין or אנבין”; the Babli 20b agrees that it is some kind of silk worn by exalted personalities., nor with tow-cotton3According to the Yerushalmi a wick made of a substance which is imitation wool. According to the Babli, willow bast., nor with desert wick4According to Rashi’s Commentary to the Babli, a wick made of nettle, ortie., nor with green from the surface of water5Dried algae. The list up to here contains materials prohibited as wicks since they do not absorb oil well; if the light starts to flicker one will be impelled to intervene and shake the light to improve its quality; this would be a desecration of the Sabbath by biblical standards. The following list contains fuels which are not well absorbed by any wick and excluded for the same reason.; not with pitch, nor with wax, nor with qīq oil6According to one opinion in the Babli (21a), accepted by Maimonides, castor oil. According to the Yerushalmi and the first opinion in the Babli, oil produced from a bird (according to R. Saadia Gaon, the pelican)., nor with oil to be burned7Olive oil given as heave to a Cohen which became impure and therefore cannot be consumed. The Cohen may use it as fuel. But since it is holy, it is subject to the (rabbinic) rule that sancta may not be burned on a day on which defective sacrifices may not be burned, i. e., Sabbath or holiday., nor with fat tail8A sheep’s tail which as a potential sacrifice (Lev. 3:9) may not be eaten., nor with fat9Any animal fat which is forbidden for human consumption.. Naḥum the Mede says one may kindle with cooked fat10Refined lard which may be supposed to burn with a steady flame., but the Sages say whether cooked or uncooked one does not kindle with it. HALAKHAH: “With what may one kindle and with what may one not kindle? One kindles neither with bast1According to the Yerushalmi, bast of a kind of willow, Greek λύγος, ἡ. The Babli, 20b, defines as cedar bast..” Rebbi Ḥiyya bar Abba said, λύγος. Rebbi Aḥa in the name of Rebbi Lia30He is R. La (Ilaï) mentioned at other occasions., δάδινον31δάδινος, -η, -ον, “of pine wood”; δαδινίον “splinter of pine wood”, I. Löw’s interpretation. Musaphia reads דרינון which he takes to be Greek δρύϊνον “of oak” but Jastrow emends to קדרינון κέδρινον “of cedar” to coincide with the explanation of the Babli. Lieberman accepts Jastrow’s emendation on basis of the Geniza fragment edited by Ginzberg (p. 70): ליא .. דינון. Since the reading דינון clearly is common to the Leiden ms. and the Genizah text, Löw’s reading has to be accepted.. They said, these two are identical32In any case, one speaks of a wick made of wood bast, from the inside of the bark.. “Nor with raw flax,” Rebbi Ḥinena in the name of Rebbi Phineas, flax which was not cleansed, as you say, the uncleaned flax will be tinder33Is. 1:31. The usual translation is: the treasure will become tinder.. “Nor with silk noil2The Yerushalmi defines both here and in Kilaim 9:2 (Note 33) as “imperial אגבין or אנבין”; the Babli 20b agrees that it is some kind of silk worn by exalted personalities.,” imperial אנבין34Cf. in Kilaim 9:2 Note 33 the conjecture that it might mean “imperial purple”.. Rabban Simeon ben Gamliel said, I asked all seafarers and they told me that it is called kulka. “Nor with tow-cotton3According to the Yerushalmi a wick made of a substance which is imitation wool. According to the Babli, willow bast.,” ˋīrānītā35Diminutive of Aramaic עירא, אירא “wool”.. “Nor with desert wick4According to Rashi’s Commentary to the Babli, a wick made of nettle, ortie.,” as its meaning36Made from some desert plant.. “Nor with green from the surface of water5Dried algae. The list up to here contains materials prohibited as wicks since they do not absorb oil well; if the light starts to flicker one will be impelled to intervene and shake the light to improve its quality; this would be a desecration of the Sabbath by biblical standards. The following list contains fuels which are not well absorbed by any wick and excluded for the same reason.;” water flax. “Also not with pitch, nor with wax37Wax is forbidden as wick, not as fuel. Babli 20b.,” up to here about wicks, from here on about fuels. Rebbi Abbahu in the name of Rebbi Joḥanan: Because the fire is [not]39Added from the quote in Naḥmanides Milḥamot Hashem, Alfasi Chapter 2; required by the context. The prohibited wicks are those which do not sufficiently draw fuel. drawn after it and he forgets and removes the wick; and in addition because the fire was not kindled on most of the fuel40Cf. Chapter 1, Note 428.. Rebbi Zeˋira asked, does this mean that the kindling of the wick has to reach most of the fuel? There came Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: the kindling of the wick has to reach most of the fuel. The colleagues objected, is there not wax41Read קירה, Latin cera “wax” (S. Lieberman following Qorban haEdah). where the fire does not have to reach most of the fuel? Rebbi Abba bar Mamal objected, is there not a lantern42In Babylonian Aramaic the word is עַשָּׁשִׁית. In a lantern, in contrast to a torch, there is a controlled burn. where the fire does not have to reach most of the fuel? Rebbi Shammai said, did not Rebbi Zeˋira, Rav Jehudah say in the name of Rav43Chapter 1, Note 425.: Four pyres are in a minimal amount. A pyre of pressed-out olives, a pyre of manure, a pyre of fat, a pyre of pits are in a minimal amount. Also from the following, that Rebbi Taḥlifa asked Rav Ḥisda, did not the rabbi teach us, on a Sabbath which happened during Ḥanukkah, when it is forbidden to check a coin in the Ḥanukkah light44The basic institution of Ḥanukkah lights is that they are exclusively exhibition objects which cannot be used for any other purpose (Babli 21b; Soferim 20:6). On the Sabbath one may not check coins at all; the reference to the Sabbath has to be deleted. It seems that the Yerushalmi holds in contrast to the Babli (21b) that wicks and fuels forbidden for the Sabbath are also forbidden for Ḥanukkah. Since a Ḥanukkah light cannot be used for anything but exhibition, if it goes out one does not have to rekindle. Therefore the quality of the wick should not be a decisive factor; the first of R. Joḥanan’s reasons does not apply.; there he will not forget and remove the wick. Therefore the reason can only be that the kindling of the wick has to reach most of the fuel. Mishnah: “Nor with qīq oil6According to one opinion in the Babli (21a), accepted by Maimonides, castor oil. According to the Yerushalmi and the first opinion in the Babli, oil produced from a bird (according to R. Saadia Gaon, the pelican)..” Rebbi Yose in the name of Rebbi Lia, κισσός45“Ivy”.. Rebbi Jonah, Rebbi Zeˋira in the name of Rav Jehudah, it is a bird by the name of qīq. Rebbi Ismael stated, and the qāât, this is the qīq46قوق “pelican”. Babli Ḥulin 63a, see Diqduqe Soferim ad loc. Lev. 11:18, Deut. 14:17.. “Nor with oil to be burned7Olive oil given as heave to a Cohen which became impure and therefore cannot be consumed. The Cohen may use it as fuel. But since it is holy, it is subject to the (rabbinic) rule that sancta may not be burned on a day on which defective sacrifices may not be burned, i. e., Sabbath or holiday..” Rav Ḥisda said, this implies that it is forbidden to start a fire on a pyre of sancta so it should continuously burn on the Sabbath47Since impure heave, which belongs to the class of disabled sancta, may not be burned on the Sabbath. Babli 23b, Menaḥot 46b.. But have we not stated48Mishnah 1:15 (Notes 22,23).: “One starts a fire at the fire place in the heating chamber, but outside the Temple only if the fire has started burning on most of the logs.” Rebbi Yose said, it is written about the Sabbath, do not do any work49Ex. 20:10. Here starts a new Genizah leaf, Ginzberg p. 71 (G).; it is done automatically. But here the Torah said that one does not burn sancta on a holiday, not to speak of the Sabbath. What did you see that you said so? 50Ex. 12:10. The mention of two “mornings” implies that different times are implied. Babli 24b, 133a, Pesaḥim 83b, Temurah 4b. Mekhilta dR. Ismael Bo 6, end, dR. Simeon benYoḥai Bo p. 14.You shall not leave any leftovers until the morning; what is left over from it until morning you shall burn in fire. After two mornings, one the morning of the 15th and the other the morning of the 16th. And it is written, what is left of the well-being sacrifice should be burned on the third day51Lev. 7:17. The sacrifice may be eaten for two days and the intervening night.. May one light a fire under a pyre of leavened material52There is a biblical obligation to eliminate all leavened matter before Passover (Ex. 12:19). The elimination has to be before the time allotted to the slaughtering of the Passover sacrifice (Ex. 23:18, 34:25). Therefore the question must be about a large pile of leavened matter which is set on fire at noontime of Passover Eve but which will be completely consumed on the holiday, after nightfall.? For him who infers it from remainder53He is R. Jehudah who insists that leavened matter must be eliminated by burning since this is the prescribed manner of disposing of sacrificial meat kept longer than the time allotted to its consumption. Pesaḥim 2:1 28c l. 62, Babli 27b. Since leftover Passover meat may be burned only after the holiday, he also must forbid burning of leavened matter on the holiday., it is forbidden. But for him who does not infer it from remainder, it is permitted. Rav Aḥa in the name of Rav Ḥisda: this implies that it is permitted to start a fire on a pyre of sancta so it should continuously burn on the Sabbath54Since R. Jehudah is a minority of one.. But did we not state55Mishnah 2:2. Since it says “on the holiday”, one could infer that on the Sabbath it is permitted. Then why is “oil to be burned” listed in Mishnah 1?, “one does not kindle with oil to be burned on a holiday,” because of a holiday which falls on Friday56It is true that in biblical law “oil to be burned” may be used for lighting on the Sabbath since the fire would be started on Friday when it is permitted; it only is forbidden rabbinically because on a Friday which is a holiday it would be forbidden.. But then one should not light oil to be burned in the night since one does not burn sancta in the night57This is a new proof that the reason cannot be that “oil to be burned” must be treated as a sanctum since the only sancta which may be burned are excess sacrifices of the preceding day whereas invalid sancta must be burned during daytime. There is no restriction on the use of “oil to be burned”.! Rebbi Joḥanan said, they followed the argument of Rebbi Ismael58As reported in the Mekhiltot (Note 50).. Just as Rebbi Ismael said, a baby whose time has passed can be circumcised either during the day or during the night59It says (Lev. 12:3): And on the eighth day, the prepuce of his flesh shall be circumcised. But if the baby was sick or for any other reason could not be circumcised on the eighth day, it may be circumcised at any time afterwards. In Babylonian sources (Yebamot 72a/b, Tosephta Šabbat 15:9) this opinion is ascribed to R. Eleazar ben R. Simeon, two generations after R.. Ismael., so when its time has passed the sanctum may be burned either during the day or during the night. Where do you have oil to be burned whose time has passed60There are no time restrictions for the disposal of “oil to be burned”.? Rebbi Judah bar Pazi: Since it became impure it is as if its time had passed. Rebbi Yose61Read with G (which is very fragmentary at this point): R. Yasa. stated before Rebbi Joḥanan: From where that all those to be circumcised should only be circumcised during daytime? The verse says, And on the day62Lev. 12:3. Babli Yebamot 72b, Sifra Tazriaˋ Pereq 1(1). The argument from the addition “and” is characteristically R. Aqiba’s, opposed by R. Ismael.. Rebbi Joḥanan told him, is that so? All who require immersion immerse themselves normally during daytime except for the woman after her period and one who gave birth who only immerses herself during the night63Babli 121a, Pesaḥim 90b, Yoma 6a, 87a.. A woman after her period whose time has passed64After the first evening she could have immersed herself after her period; cf. Niddah 4:1 Note 3. Babli Niddah 67b. immerses herself either during the day or during the night. Rebbi Ḥiyya bar Abba preached this to the people of Tyre65As practice to be followed., a woman after her period whose time has passed immerses herself either during the day or during the night. There66In Babylonia, where the statement was attributed to R. Joḥanan; Niddah 67b. There, the reason is given “because of the discipline of her daughter”, that she should learn the rules clearly. they say, even one whose time has passed, because of her mother-in-law and her daughter-in-law. They saw a woman of our rabbis67The household of R. Jehudah Nesia. The deviation of Galilean from Babylonian practice is confirmed. immersing herself normally during daytime. We shall say that her time had passed. A woman after her period who was immersed by accident, Shammai in the name of Rav: she is pure for her house but impure for purities68She unintentionally fell into water which qualifies as a miqweh. In this opinion, an intent to become pure by immersion is needed only to be able to prepare pure food (“purities”) whereas to be permitted to her husband (“pure for her house”) she only has to be immersed since in the relevant biblical paragraph (Lev. 15:19–24) immersion is explicitly required only of people coming in contact with movables on which she sat during her period of impurity. The opposing opinion requires intent for any purification. Babli Ḥulin 31a.. Rebbi Eleazar in the name of Rebbi Ḥanina, she is impure both for her house and purities. What is the reason? It should be washed a second time and will be pure69Lev. 15:59, about impurity of textiles. The remark “a second time” is taken as indication that the second washing has to follow the rules of the first; Babli Ḥulin 31b. A different interpretation in Sifra Tazriaˋ Pereq 16(11). Since the first time it was intentionally, also the second time it must be intentionally. And from where that the first time it was intentionally? The Cohen has to order that they should wash70Lev. 13:54.. Intentionally. And so we see that rabbis are early for intercalations. Rav Naḥman in the name of Rebbi Mana: It is an obligation to be early, to hasten in commandments71This paragraph presents problems. It seems that the beginning sentence should be at the end. Then the meaning is that Rebbi (not Rav) Naḥman requires the husband to direct his household to light Sabbath lights, and therefore begin the observance of the Sabbath, somewhat before the time of sundown since in the fulfilling of divine commandments one has to show eagerness. As an example it is noted that the rabbis who form the court which decrees intercalations always arrive early for the deliberations. This is a commentary on the last statement of the last Mishnah in the Chapter.. 72This and the following paragraphs discussing the term “not with oil to be burned” in Mishnah 1 are from Terumot 11:7, Notes 141–153. The present paragraph originates in Ševiˋit 4:2, Notes 38–42. The meaning is that if a rabbinic stringency, such as not permitting occasional use of oil to be burned by lay persons even if it is to the advantage of the Cohen, falls into disuse in a time of emergency, it remains eliminated even after the emergency has passed.“An Israel woman who comes to a priestly woman to get fire dips her wick into oil to burn and lights.” Rebbi Ḥuna in the name of the house of Rebbi Yannai: It was a time of wolf packs; there was no court which disestablished. As it was said there, there was no court which disestablished. And here was no court which disestablished. 73This paragraph is a composite of two paragraphs in Terumot 11:7 (Notes 137–139, 143–145).“If cattle of a Cohen was passing74In Terumot: “was fed at the Israel’s”. In the Tosephta, היה עומד אצל ישראל “was standing at the Israel’s.” The reading here, עובר, is a misreading of the Tosephta text. at an Israel’s, or the garment of a Cohen being woven at an Israel’s, he lights for this oil to burn without hesitation. If an Israel and a Cohen were partners in a store, the Israel may fill the lamp with oil to burn and go to the upper floor or down into the store in the business of the Cohen, but not the Israel’s75Not the Israel’s private business. Everything the Israel does in the business is also for the benefit of his partner.. If a Cohen came to an Israel to help him with his accounts and he lit oil to burn for him, even after the Cohen left one does not require him to extinguish it before it burns out by itself.”76Tosephta Terumot 10:9. Rebbi Ḥanania from Akhbar worked at R. Ḥiyya’s from Sepphoris. When he left, the latter filled him a lamp full of oil to burn. Were we not of the opinion to say, “to work for a Cohen, but not for an Israel”? They said, if he had not done this for him, he would not have come. They thought, when he arrived at his house, he had to extinguish it. Rebbi Ḥinena said, by this he awoke, by this he got up early. 77Slightly reformulated from Terumot 11:7 (Notes 146–153); see the Notes there for the problematic character of the text. S. Lieberman conjectures that the question was not about oil to be burned but that he dipped the wick in heave vinegar to singe it as noted in the discussion of Mishnah 5 (Note 150) and R. Immi permitted it. Ada the nurse asked Rebbi Immi: Since I am dipping wicks at a sick person’s? He said to him, it becomes insignificant in the wick. Rebbi Jehudah ben Pazi instructed those of Bar Neḥemiah in this way. Rebbi Immi took a wick, Rebbi Ila did not take a wick78Dipped in oil to be burned.. Did Rebbi Ila not agree with Rebbi Immi? Rebbi Ila thought because of robbery because the nurse will spoil the consecrated food79Robbing the Cohanim of their heave by marginally permitted use.. Gamliel the twin asked Rebbi Yasa: May one add profane oil and light? He said to him, Rebbi Hoshaia stated only80The Tosephta quoted earlier (Note 76). that one is not required to squeeze it out. Rebbi Abbahu said, Jonathan ben Akhmai did teach me: The daughter of a Cohen standing on Sabbath eve with a light filled with oil to burn81He restricts the prohibition of the Mishnah to the case that pure oil to be burned is used Friday night, not if it is mixed with even a minute quantity of profane oil. The Babli does not mention this., adds some profane oil and lights. Rebbi Zeˋira said, what is the nature of this? He said to him, he was a great personality, well versed in the Mishnah. Rebbi Ḥiyya from Kefar Teḥumin explained this to Rabbi and he appointed him rabbi. 82For this paragraph there exists a Genizah fragment published by Ginzberg (p. 72), G.“Nor with fat.” Rav Berona said, one mixes some oil with it and kindles83Babli 21a, for fat and fish liver.. Yose asked, where do we hold? If it was made into a paste, even if he did not mix it with oil, as Samuel stated, any which one turns into a fluid and it does not jell is a paste. But if it was not made into a paste, even if he mixes with oil. There came Rav84With G, read “Rebbi”. Ḥananiah, Rav Berona in the name of Rav: One may kindle with liquefied fat and fish innards. Rebbi Ḥiyya ber Ashi failed to come before Rav. He asked him, where have you been? He answered. I was trying to get olive oil. He asked him, do you not have innards of fish85In Babylonia where olive oil is not commonly used it is not particularly meritorious to spend time and money on a search for olive oil.? Some Tannaim state, one kindles with naphtha; but some Tannaim state, one does not kindle with naphtha. Rav Ḥisda said, he who said one kindles, if it was black; and he who said, one does not kindle, if it was white, because it represents danger86Babli 26a where using white (light) naphtha is forbidden even on weekdays because of the danger of an explosion.. MISHNAH: One does not kindle with oil to be burned on a holiday7Olive oil given as heave to a Cohen which became impure and therefore cannot be consumed. The Cohen may use it as fuel. But since it is holy, it is subject to the (rabbinic) rule that sancta may not be burned on a day on which defective sacrifices may not be burned, i. e., Sabbath or holiday.. Rebbi Ismael says, one does not kindle with ˋiṭran11According to Rashi, spoiled tar. According to Maimonides, resin. Both Talmudim assert that it smells very badly. because of the honor of the Sabbath. But the Sages permit all kinds of oil, sesame oil, nut oil, radish oil12Oil extracted from radish seeds., fish oil, colocynth oil13Since the colocynth is a kind of cucumber, here also it must be oil extracted from seeds., ˋiṭran, and naphtha. Rebbi Tarphon says, one kindles only with olive oil. HALAKHAH: “One does not kindle with oil to be burned on a holiday,” etc. Therefore one kindles with all those mentioned earlier87Babli 24a, Tosephta 2:1.. “Rebbi Ismael says, one does not kindle with ˋiṭran11According to Rashi, spoiled tar. According to Maimonides, resin. Both Talmudim assert that it smells very badly. because of the honor of the Sabbath.” What is the difference between ˋiṭran and innards of fish? Innards of fish are not smelling badly as long as they are burning; they are smelling badly when extinguished. ˋIṭran smells badly whether extinguished or burning88Babli 25b.. Since it smells badly one should need to distance himself four cubits89It should be forbidden to perform any religious duty within four cubits of the source of the bad smell (Berakhot 3:5). The disagreeable smell of ˋiṭran is not of the forbidden kind.; therefore it is necessary to say “one does not kindle”. “But the Sages permit all kinds of oil.” (State:) colocynth oil90The word “state” was crossed out by the corrector; it is not in the editio princeps. But as J. N. Epstein has shown (Tarbiz 5, pp. 260–261; מבוא לנוסח המשנה p. 951) the original text is correct and the addition of “colocynth oil” in the Mishnah is a later insert; as a vegetable oil it logically should have been mentioned before fish oil.. “Rebbi Tarphon says, one kindles only with olive oil.” “Rebbi Joḥanan ben Nuri got on his feet and said, if it is so what should the people of Babylonia do who have only sesame oil? What should the people of Media do who have only nut oil? What should the people of Alexandria do who have only radish oil? What should the people of Kappadokia do who have neither one nor the other (but naphtha)91Deleted by the corrector for no good reason; it is mentioned in the Tosephta and the Babli.? But you have only what the earlier ones permitted.92Babli 26a, Tosephta 2:3.” It was stated: “Rebbi Simeon ben Eleazar says, one does not kindle with balsamum because it is a resin.93Babli 25b,26a, Tosephta 2:3. He holds that one uses only oil from seeds, not wood or sap from the stem.MISHNAH: One does not kindle with any wood product but flax14Flax is not a tree. The Babli explains that flax is called “wooden flax” in Jos. 2:6.. No wood product may become impure by tent impurity15The original impurity imparted to anything susceptible of impurity which is under one roof with a corpse. Wooden implements that are not containers cannot become impure. But flax as textile material can become impure. but flax. A wick braided from textile which was threaded but not singed, Rebbi Eliezer says it may become impure16Cloth of the minimal size of a handkerchief [which is defined as (3 finger-widths)2] is subject to all kinds of impurity. If the cloth wears out and is shredded to yield thread to make wicks, it is no longer subject to impurity. Once the threads are reassembled into a wick they become susceptible of impurity once the wick is usable. In R. Aqiba’s view, a wick will not burn unless its end has been singed and turned into charcoal; therefore the manufacture of the wick is not complete until it has been singed. Unfinished products do not become impure. and one does not use it to kindle; Rebbi Aqiba says it does not become impure and one may use it to kindle. HALAKHAH: Mishnah96Quote from Mishnah 3.. “One does not kindle with any wood product but flax,” etc. Rebbi Simeon94Read: R. Samuel ben Rav Isaac. bar Rav Isaac said it is written97Ex. 27:20.: to raise permanent light. They estimated to say that nothing makes a flame like flax98The wick in the lamp which was burning through the night had to be of flax.. It was stated99Babli 26a, Tosephta 2:4. According to Rashi this implies that hemp fibers and cloth are impervious to impurity.: “Rebbi Simeon ben Eleazar said, no wood product is subject to the three-by-three rule16Cloth of the minimal size of a handkerchief [which is defined as (3 finger-widths)2] is subject to all kinds of impurity. If the cloth wears out and is shredded to yield thread to make wicks, it is no longer subject to impurity. Once the threads are reassembled into a wick they become susceptible of impurity once the wick is usable. In R. Aqiba’s view, a wick will not burn unless its end has been singed and turned into charcoal; therefore the manufacture of the wick is not complete until it has been singed. Unfinished products do not become impure. except flax and one may use it as roofing100It is a strict rabbinic rule that the roof of a sukkah may not be made with anything susceptible to impurity. Wooden logs as well as stems of plants may be used but not fruits., except flax.” Rebbi Yose said, they made it like coarse or soft, as we have stated101Mishnah Kelim 28:8. Cloth which is either very coarse or very fine cannot be used as handkerchief. Therefore it cannot become impure in the size of (3 fingers)2. The minimum size for such fabric to be susceptible to impurity is that of a towel, (3 handbreadths)2.: “the coarse and the soft are not subject to the three-by-three rule.” Rebbi Eleazar said, they learned it102The fact that linen textile is called “tent” and therefore brings impurity is implied by the instructions for the building of the Tabernacle. from the Tabernacle as it is written103Ex. 26.1., the Sanctuary you shall make ten gobelins, twilled byssus; and it is written104Ez. 44:16., linen turbansshall be on their heads. You learn byssus from byssus, and byssus from turbans, and turbans from turbans105There is a quote missing for the chain of reasoning. The gobelins which formed the walls of the Tabernacle were partially made of שֵׁשׁ “byssus”. The problem is to prove that byssus was made of linen. Since the same word was used in Ex. 26.1 and Ex.39:28, speaking of the priestly vestments, the hat-turbans of byssus, one may assume that the same turbans and the same materials are mentioned in Ez. 44:16, where it is explicitly stated that the priests’ turbans are made of linen. Similarly in the Babli Yoma71b; a different derivation in the name of R. Eleazar is in the Babli Šabbat 27b/28a.. Rebbi Eleazar asked, may one make the Tent106Is a tent made of leather from an impure animal a tent in the meaning of Num.19 in which a corpse causes impurity for all persons and vessels inside. of leather from an impure animal? But is it not written107Ex. 25:5. Since taḥaš is not mentioned in the lists of pure animals in Lev. 11 and Deut. 14, one must assume that it was impure. But the Tabernacle is the prime example of a “tent”; if its cover was of leather from an impure animal the question should not arise., and taḥaš skins. 108A parallel exists in Eccl. rabba 1(28). Rebbi Jehudah, Rebbi Nehemiah and the rabbis. Rebbi Jehudah says, violet109Following Buxtorf, accepted by most moderns, this is Greek ἰάνθινος, -η, -ον, adj., “violet-colored”. In Eccl. r., one reads אלטינון.; it was called thus because of its color. Rebbi Nehemiah said, blue110This is identified as Greek γλαύκινος, -η, -ον, adj., “bluish-gray”. In Eccl. r., גלטינון.. But the rabbis say, a kind of pure animal which grows up in the desert. It comes like what Rebbi Eleazar ben Rebbi Yose, Rebbi Abbahu111Read: R. Abbahu (the Amora) in the name of R. Eleazar ben R. Yose (the Tanna)., Rebbi Simeon ben Laqish in the name of Rebbi Meïr said: 112The same interpretation in the Babli, 28b. The Holy One, praise to Him, created for Moses in the desert a kind of pure aniMal. After the work of the Tabernacle had been finished it was hidden. Rebbi Abun said, its name was qereš. Rebbi Hoshaia stated, a unicorn. It is preferable to the Eternal over a cattle ox which sprouts a horn and has split hooves113Ps. 69:32.. The All-Merciful wrote114The Psalms, as Holy Scriptures, are considered of divine origin., it sprouts a horn. There, we have stated115Mishnah Kelim 28:2. Babli 29a.: “A [cloth] less than three by three [fingerwidths] which he took to plug the bath or to pour a pot116To use it as a potholder. or to clean a millstone, whether it was prepared or not prepared can become impure117For him the rule that textiles of area less that 9 (fingerwidth)2 cannot become impure is an empirical one since such a small piece in general is of no use. If somebody finds a use, the piece becomes a regular piece of textile and is subject to all laws of impurity., the words of Rebbi Eliezer. Rebbi Joshua says, (also a new rag)118Probably the words in parenthesis should be deleted; they are not found in any Mishnah ms. and are copied here from the quote later of Mishnah 27:12. whether prepared or not prepared, is pure119For him the three-finger rule is a permanent rabbinic decree which cannot be changed.. Rebbi Aqiba says, prepared it may become impure, not prepared it is pure.” What is the difference between prepared and not prepared? Whether he made it ready in the house or threw it into the garbage120A single use does not bring on impurity. If the rag was used once and then thrown away it cannot become impure. But if it is prepared for re-use it becomes valuable and is susceptible to impurity.. But did we not state121Mishnah Kelim 27:12. תנן is Babylonian spelling.: “Rebbi Eliezer says, also a new rag follows the same rule.122The Mishnah states that an impure piece of (3 fingerwiths)2 which was torn loses its impurity only if it is thrown away, with the exception of purple strips which are valuable also in minute sizes and never lose their impurity. R. Eliezer extends the latter rule to unused textiles.” Nobody says “also”, “even”, unless he agree with the preceding; whether he prepared it to hang it up or did not prepare it to hang it up123For re-use.. This learns from the other and the other learns from this. This learns from the other; the words of Rebbi Eliezer if he folded it124For the first use; Babli 29b. If it never was intended for use he agrees that it is not susceptible to impurity.. And the other learns from this; if he did not prepare it to hang it up. But if he prepared it to hang it up it may become impure. 125Here starts a new Genizah leaf edited by Ginzberg (p. 73). What is Rebbi Eliezer’s reason126This refers to the statement of R. Eliezer in the Mishnah who prohibits the use of linen wicks.? He is like one who purifies vessels on the Sabbath127If the linen was impure and he uses it as wick, the moment it becomes unusable as textile it loses the impurity of textiles. This is the equivalent of repairing defective equipment and is forbidden on the Sabbath.. When he threaded it128This “threading” is not the “folding” mentioned in the preceding paragraph but the twisting of linen threads to make a wick. Since some people insist on using only twisted wicks, the threads remain usable even if they do not cover an area of (3 fingerwidths)2 and do not lose their impurity., it did not become pure since professional waiters like it threaded. Does it not become pure when it still is daylight? Rebbi Eleazar in the name of Rebbi Hoshaia: because of a holiday which falls on Friday129It also is forbidden to repair equipment of a holiday; for a similar argument cf. Note 56.. Does it not become pure automatically? Rebbi Yose ben Rebbi Abun said, explain it if it was exactly three-by-three130Then they lose their impurity the moment a person starts lighting them. One cannot say that the loss of impurity is later an automatic consequence of a prior permitted act of a human. Babli 38b (in the name of the Babylonian Rav Joseph.). Rebbi Aḥa, Rebbi Simon in the name of Rebbi Simeon the nazir131In G correctly: R. Simeon the nazir’s son.: If he made it into a bandage it is pure132Mishnah Kelim 28:2. The medication makes the bandage unusable otherwise.. If one dipped it in oil is it not as if he made a bandage133Then the wick already is pure and R. Eliezer’s reason does not apply.? Rebbi Zeˋira, Rebbi Yannai134In G one reads “R. Joḥanan” before the mention of R. Yannai; there is a lacuna preceding this word; it is not clear whether it read “R. Zeˋira in the name of R. Joḥanan.” One has to wonder why R. Jeremiah, the student of R. Zeˋira, reports a different tradition., Rebbi Jeremiah in the name of Rebbi Joshua ben Levi, logically practice should follow Rebbi Aqiba who is similar to both135In Mishnah Šabbat 2:3 practice certainly follows R. Aqiba against R. Eliezer. For consistency the practice also should follow R. Aqiba in Mishnah Kelim28:1 where he partially follows R. Eliezer and partially R. Joshua. In general, R. Joshua is an overriding authority., but in fact it follows Rebbi Joshua who is lenient in the matter of three-by-three. Not only pure but even impure, because of Rav, since Rav said one heats with vessels, but one does not heat with pieces of vessels136Vessels may become impure but potsherds are pure. Rav permits to use combustible vessels as fuel even though they become pure by losing their qualities as vessels in the fire. He forbids using shards as fuel, which cannot become impure, since they may not be moved on the Sabbath because they are of no use (Chapter 17). There is no connection between susceptibility to impurity and use as wick on the Sabbath. The statement of Rav is quoted in the Babli 28a, 29a, 124b, 143a; Beṣah 32a, 33a.. MISHNAH: A person may not pierce an eggshell17An egg-shaped container. If the container is not rigidly connected to the light, one might be tempted to move or remove it., fill it with oil, and put it over a light so it should drip even if it is made from clay; Rebbi Jehudah permits it. But if the potter combined it from the outset it is permitted. A person may not fill a bowl with oil, put it next to a light and dip the end of the wick into it so it should draw; Rebbi Jehudah permits it. HALAKHAH: “A person may not pierce an eggshell17An egg-shaped container. If the container is not rigidly connected to the light, one might be tempted to move or remove it..” Why? Because it did not start at each single drop137A condition for leaving things burning on the Sabbath; Chapter 1 Note 355., or maybe he might forget and stir? What is the difference between them? This refined 138The identity of this “refined diklon” is unknown (as noted by Sokoloff in his Dictionary of Jewish Palestinian Aramaic) and why one would not be tempted to stir. The conjectures of the commentaries (bast fiber bags, opening of a pitcher) and earlier dictionaries are of no value.דיקלון. If you are saying, because it did not start at each single drop, it did not stop at every single drop; if you say. maybe be might forget and stir, he will not forget and stir. “If the potter combined it from the outset it is permitted since it is one vessel.” There is a difference because all is one, if he combined it by lime or gypsum139Babli 29b, Tosephta 2:6. This is the condition of the majority to allow the light to burn. G has a different text: “If it had said, if he combined it by lime or gypsum.” This refers to the Mishnah; if the text of the Tosephta had been that of the Mishnah, the question asked in the previous paragraph would have superfluous since the reason for the prohibition cannot be that not every drop was involved.
גִּיפְּסוֹס is Greek γύψος “gypsum; cement”.
. Rebbi Jehudah follows his own opinion since Rebbi Jehudah says moist liquid is a connection140In the Babli, Avodah zarah 72b, this refers mainly to transfer of impurity. Solid material impure in degree n makes other materials impure in degree n+1. There is a discussion about fluids; there are those who assert that fluids do not touch, they combine and everything moistened by impure fluids biblically becomes impure in the same degree as the fluid itself. (Rabbinically it can be stronger impurity; Chapter 1, Note 299). R. Jehudah accepts this statement and extends it to other legal domains, such as the laws of the Sabbath.. It was stated: One wick in two cups, in two pots, in two trays is forbidden; Rebbi Jehudah permits. Rebbi Ḥananiah in the name of Rebbi Phineas: Rebbi Jehudah follows his own opinion since Rebbi Jehudah says moist liquid is a connection. MISHNAH: One who extinguishes a light because he is afraid of Gentiles, of robbers, of evil spirits, or because of a sick person to let him sleep, is not liable18It is supposed that one extinguishes the light because one is afraid of an attack, whether by people or in the case of a mentally ill person who may become violent under the influence of an evil spirit. The “sick person” mentioned in the Mishnah must have a life-threatening sickness. In all these cases there is a danger to life and one is permitted (or required) to extinguish the light. The formulation mentions “not liable” which usually means “forbidden but not prosecutable” only to obtain a formulation parallel to the statement of R. Yose where the original meaning holds.. If to save the light, to save the oil, to save the wick, he is liable19Since he completed an action according to his wishes. R. Yose holds (with R. Simeon on other occasions) that if the intent was not the action itself but a consequence of it, then in general the action is not prosecutable. In this case, if the intent was to prevent the clay lamp from bursting when the oil was almost used up, extinguishing the flame is not the object of his intent; the action “was not the object of his intent”. But if the intent was to preserve the wick, extinguishing the fire will automatically produce a charred tip of the wick which is the essence of producing a usable wick (Note 16) and the action is the object of his intent.. Rebbi Yose declares them all not liable except for the wick because he produces charcoal. HALAKHAH: “One who extinguishes a light because he is afraid of Gentiles,141Quote from Mishnah 5.” etc. Rebbi Samuel bar Rav Isaac said, [so is the Mishnah:]142Added from G. because dangerous Gentiles, because of dangerous robbers. Rebbi Yose asked, if because of dangerous robbers one should have stated “it is permitted.143If extinguishing the light is needed to save a life, it is not only permitted, it is required. The formulation of the Mishnah, “he is not liable” gives the impression that the action is sinful. This might cause people to hesitate to extinguish the light when it is necessary for survival, a very bad outcome.” The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina: It is permitted144They reformulated the Mishnah. The Babli, 30a, agrees that in these cases it is permitted; they defend the formulation “not liable” because it also refers to the cases mentioned later in the Mishnah.. What is the difference between one who saves from what is in the light and one who saves what is in the olive145This is a question about the second part of the Mishnah. Why is the person who extinguishes the light to save oil liable? The person who stores olives to press them later is not liable.? The rabbis of Caesarea in the name of Rebbi Shila from Naveh: One who saves from the wick itself cannot be compared to one who saves away from the wick itself146The question is not well posed. If one removes oil from a burning lamp one causes the wick to be extinguished earlier; this is an act of extinguishing. But not to press olives is doing nothing. (S. Lieberman prefers to emend בבית “in the house” instead of בזית “in the olive”.). Rebbi Joḥanan said, Rebbi Yose and Rebbi Simeon said the same thing. Just as Rebbi Yose said, not unless he needs the body of the wick147In the Mishnah, where he frees from liability all who extinguish the light except the one who does it for the wick., so Rebbi Simeon says, not unless he needs the body of the thing148Further on in Mishnah 10:5 R. Simeon frees from liability a person carrying in the public domain if the carrying was not needed for the matter, implying that work on the Sabbath implies criminal liability only if it was needed for the intent. Babli 105b, 107b, 141b, Sanhedrin 85a, Keritut 20b. In the Yerushalmi later Chap. 13 (14a l. 38), Beṣah 1:3 (60b l. 21).. How do you need the body of the wick? The rabbis of Caesarea, Rebbi Eleazar in the name of Rebbi Ḥanina: for so the professional waiters singe in this way, as you say149Dan.3:27., and the hair on their heads was not singed. What means “singe in this way”? They singe it150The biblical root חרך which was no longer understood is explained by the rabbinic Aramaic root פספס which means the same.
Since it would be embarrassing for the waiter if a wick failed to burn when he lights it in front of guests, singing the wicks before they are needed is professional work done for a purpose. Babli 31b.
. 151The main parallels for the first part of this paragraph are Eruvin 10(Note 147) and Pesaḥim 6:1(33b 1.34), also Bava qamma3:12 (Notes 140–144); cf. Babli Šabbat106a, Beṣah 12b, Yebamot 16b, Bava qamma 34b, Sanhedrin 62b. There, we have stated152Mishnah 13:3.: “All who destroy are not liable,” except the incendiary and one causing an injury. Bar Qappara said, even if he did not need the blood, even if he did not need the ashes153There is obviously a sentence missing here stating the position of R. Joḥanan. The sentence is reported in all parallel sources and is quoted by Naḥmanides in his Novellae to Šabbat 106a (ed. M. Herschler col. 365) as text here: “R. Joḥanan says, one making a fire only if he needs the ashes, one causing a wound only if he needs the blood.”. A Mishnah disagrees with Rebbi Joḥanan: “If his bull set fire to a stack of sheaves on the Sabbath; he is liable, but if he set fire to a stack of sheaves on the Sabbath, he is not liable.154“Liable” and “not liable” here means financial responsibility for damages. The human who sets a fire on the Sabbath does not have to pay since he has committed a capital crime and it is a principle of talmudic law that the possibility of a death penalty bars monetary claims (cf. Terumot 7:1 Notes 16 ff.). The payment is excluded even if there is no possibility of criminal prosecution.” If his bull set fire to a stack of sheaves on the Sabbath; he is liable. Is that not for no purpose? So here if he set fire to a stack of sheaves on the Sabbath, he is not liable, even if it was for no purpose155The statement of the Mishnah does not mention intent; it excludes payment even if the ashes from the fire are not needed. This indicates that there is potential criminal liability also in this case, disproving R. Joḥanan’s assertion.. Rebbi Ḥanania the son of Rebbi Hillel said, since it was for no purpose, did he commit a capital crime? But here even it was for no purpose156Naḥmanides (loc. cit. Note 153) quotes the text as: R. Ḥanina ben R. Hila said, this is correct. Since if it were for a purpose he would be guilty of a capital crime here even if it was for no purpose he is free from paying restitution. he should be free from paying restitution, from the following157Lev. 23:21. Babli Ketubot 35a,38a; Bava qamma 35a; Sanhedrin 74b,84b.: The slayer of an animal shall pay for it; the slayer of a human shall die. Since for the slayer of an animal you did not differentiate between unintentional and intentional to make him liable for money, so for the slayer of a human you cannot differentiate between unintentional and intentional to free him from liability for money158The argument based on the Mishnah in Bava qamma is disproved; there is no Mishnaic source contradicting R. Joḥanan.. It is difficult for Bar Qappara. Setting fire taught about all work [mentioned] in the Torah; they are all for a need, itself not for a need159As explained later, the question is asked why setting a fire is singled out in Ex.35:3 as forbidden on the Sabbath since all work is forbidden. One opinion is that it was mentioned to indicate that doing each category of work is a separate offense on the Sabbath. The other opinion is that setting a fire on the Sabbath is no capital crime since no punishment is indicated in Chapter 35. It is clear that Bar Qappara cannot hold the first opinion since he holds that setting a fire is criminal even for no purpose while he must agree that for all (or most) other categories a purpose is needed.? Rebbi Yose said, if (Rebbi Eleazar)160The scribe wrote “R. Lazar”, the corrector crossed it out because he was of the opinion that this name is an intrusion here, referring to the Amora R. Eleazar the student and frequent opponent of R. Joḥanan. But in this paragraph “R. Lazar” means the Tanna R. Eleazar the Qappar, i. e., Bar Qappara. The proof is that later a baraita is quoted in his name and also in a disagreement with R. Joḥanan he is mentioned first, having precedence in time. would think with Rebbi Joḥanan who said, setting fire taught about all work [mentioned] in the Torah. Rebbi Eleazar said, setting fire taught about itself161In the wording of the Babli 70a in the name of the Tanna R. Yose, “setting fire is a separate prohibition”. Yebamot 6b,33b; Sanhedrin 35b,62a; Keritut 20b.. Does Rebbi Eleazar not have about one162Lev. 4:2: A person who sins inadvertently about any of the commandments of the Eternal that should not be done, but he did one of these. If one stresses the “one” one infers that each single offense requires its own purification sacrifice. If one stresses “these” it follows that one sacrifice atones for multiple infractions. The harmonization of both approaches is a topic for Chapter 7; Sifra Ḥovah (Wayyiqra II) Pereq 1(7).
Naḥmanides reads אחרת instead of אחת, “does he not have another (reason)”? The reading of the ms. is preferable.
to make him liable for each single one? It was found stated in the name of Rebbi Eleazar, of these, to make him liable once for all of them. We understand setting fire. A wound? Its main point163The actions forbidden on the Sabbath are codified in 39 categories. The heading of the category is called its main point, אָב מְלָאכָה “father of action”, anything else subsumed under the same category is תּוֹלְדָה “born from it”, derivative.
To build the Tabernacle one needed the skins of red goats and of taḥaš. Therefore slaughter of these animals was part of the building activity and defines a category of work forbidden on the Sabbath.
for a need, itself not for a need? Rebbi Yose ben Rebbi Abun said, Rebbi Eleazar and Rebbi Joḥanan disagree. One said, slaughter is the main point and a wound derivative; the other one switches164Cf. Chapter 7, Note 422.. If one set a fire and extinguished with the same blowing he is liable twice165These are two distinct activities. Keritut 20a.. Rebbi Eudaimon the brother of Rebbi Yose said, this implies that if he blew at vessels and broke them, he pays full damages166Blowing is like acting with one’s hands; a human always has to pay full restitution for damages he causes; Mishnah Bava qamma 2:10.. He who stirs coals under a pot on the Sabbath is liable. Rebbi Simeon ben Eleazar in the name of Rebbi Simeon ben Rebbi Ṣadoq, he is liable twice, once that he extinguished the upper layer and once that he set fire to the lower layer167He cannot hold that one is not liable if the intended result is only a side effect but must extend liability to all cases where the action is intentional. A person who stirs coals wants to increase the efficiency of the heating process; if as a side effect some coals burn less hot it certainly is the unintended side effect of an intentional act. If he nevertheless is held liable for extinguishing, the ruling disputes R. Simeon’s position. Keritut 20a.. But he who stirs coals to warm himself in front of them on the Sabbath is not liable168Because what he wants is a side effect only and for side effects one does not become liable under the laws of the Sabbath. Keritut 20b.. Rebbi Jacob bar Aḥa said, it is a disagreement; according to him who said that he is liable only once. But according to him who said that he is twice liable he is liable167He cannot hold that one is not liable if the intended result is only a side effect but must extend liability to all cases where the action is intentional. A person who stirs coals wants to increase the efficiency of the heating process; if as a side effect some coals burn less hot it certainly is the unintended side effect of an intentional act. If he nevertheless is held liable for extinguishing, the ruling disputes R. Simeon’s position. Keritut 20a.. For Rebbi Abbahu said in the name of Rebbi Joḥanan, he is not twice liable but he is considered as if twice liable169Since R. Joḥanan follows R. Simeon in freeing unintended consequences from legal sanctions he cannot sanction the unintended cooling of coals in the stirring. But this does not mean that it is not morally reprehensible.. Rebbi Yudan said, there he does not want that they be set on fire and he does not want that they be extinguished170The one who stirs in order to keep warm is not interested in the combustion process but he who stirs to cook wants to control the process. The two cases are not comparable.. But here he wants that they be set on fire and he wants that they be extinguished. If one made a fire and cooked, there are Tannaim who state, he is twice liable, and there are Tannaim who state, he is once liable. He who said that he is twice liable, once because of setting a fire and once because of cooking171This depends on categorizing actions on the Sabbath, whether cooking is subsumed under making a fire or not.. But he who said once, which one is it? Rebbi Jehudah says, because of setting a fire. Rebbi Yose says, because of cooking. It is difficult for Rebbi Yose; setting fire taught about all work [mentioned] in the Torah; he is not liable because of setting a fire but because of cooking172There is no problem for the Babli since R. Yose is the author of the opposite opinion, cf. Note 161.? 173Here starts another Genizah fragment edited by Ginzberg (pp. 74–75) of which very little is readable for this paragraph. An outsider who officiated in the Temple on the Sabbath174He commits a deadly sin by officiating (Num. 18:7). In addition, the Temple service on the Sabbath requires many acts, slaughter and burning of sacrifices, which outside the Temple are capital crimes. If the act was unintentional, how many purification sacrifices are due?, or a deformed person who officiated in impurity175The deformed Cohen is barred from officiating (Lev. 21:16–24). Any impure Cohen is similarly barred (Lev. 22:3). Are the disabilities cumulative or is disqualification one and the same? The question is raised but neither discussed nor answered; it is treated in the parallel in the Babli, Yebamot 32a., the Elder Rebbi Ḥiyya said, two; bar Qappara said, one. Bar Qappara objected to the Elder Rebbi Ḥiyya: is the outsider liable for any service which is permitted to a Cohen176Everybody agrees that as an officiating outsider he is liable for a sacrifice. The question is about the Sabbath. Outside the Temple, the Sabbath prohibitions apply to Cohanim and to everybody else. They are lifted in the Temple precinct by biblical decree. Since there is no verse re-instituting the prohibition for laymen in the Temple precinct one should conclude that violating Sabbath prohibitions in the course of Temple service is not sanctionable irrespective of the person who officiates. This is Bar Qappara’s position.? He176aS. Lieberman has shown that וּמוֹתִיב should be read as הוּא מוֹתִיב. objected and he answered it. Is there not the handful177We find that prohibitions are to be lifted for Cohanim but not for laymen inside and outside the Temple. A cereal offering is forbidden for all consumption from the moment it was received in a sanctified vessel. The priest has to take a handful from the offering and burn it on the altar; this permits the remainder to be eaten by Cohanim (Lev. 6:7–11) but it remains forbidden for all outsiders.; before the handful was taken it was forbidden for both; after the handful was taken it is forbidden for outsiders and permitted to Cohanim? He said to him, there is a difference, for it is written: no outsider may eat sanctified food178Lev. 22:10. This is a separate decree independent of Temple or Sabbath.. Is there not the breaking of the neck179Of sacrifices of birds, Lev. 1:15,5:9. In case of a purification offering, the bird has to be eaten by Cohanim and is prohibited to laymen; the live bird is prohibited to everybody.; before the neck was broken it was forbidden for both; after the neck was broken it is forbidden for outsiders and permitted to Cohanim? He said to him, there is a difference, for it is written: no outsider may eat sanctified food. Is there not the ṭevel180Produce after the harvest of which heave and tithes were not taken. After these were taken the produce becomes profane but heave is reserved to pure Cohanim. This has no connection with Temple service.; before it was put in order it was forbidden for both; after it was put in order it is forbidden for outsiders and permitted to Cohanim? He said to him, there is a difference, for it is written: no outsider may eat sanctified food. They said, let us go outside and learn. They went outside and heard, Rebbi Yose said, two; Rebbi Simeon said, one. He who said one, because of outsider status. He who said two, one because of outsider status; why the other? Because of slaughter181Of the sacrifices.. But slaughter by an outsider is valid182The office of the Cohen starts only with receiving the victim’s blood in a sacred vessel; slaughter of sacrifices, even on the Sabbath, is legitimate for outsiders, mostly Levites. This bolsters Bar Qappara’s case. Babli Yebamot 33b.! But because bringing, sprinkling, and receiving183The offices of the Cohen after the receiving of the blood. The blood is sprinkled on the wall of the altar.. These are only because of Sabbath rest184If there are Sabbath violations they are only of rabbinic prohibitions which as a matter of principle do not apply to the Temple precinct.. Therefore the reason may be only because of the consumption of limbs and fat which were consumed on the altar during the entire night. In the opinion of Rebbi Jehudah185As explained at the end of the preceding paragraph. This is the reason for the inclusion of this paragraph at this point. who said because of setting fire it is understandable. In the opinion of Rebbi Yose185As explained at the end of the preceding paragraph. This is the reason for the inclusion of this paragraph at this point. who said because of cooking, what cooking is here? Since he wants their being consumed it is like cooking. MISHNAH: Because of three sins women die in childbirth, because they are not careful with niddah20All the rules governing her period; in particular informing her husband that she is forbidden to his sexual attentions. He has to depend on the information she gives him., ḥallah21The gift to the Cohen to be given from bread dough; cf. Introduction to Tractate Ḥallah. Here also the husband is dependent on the information given by his wife that he may eat the bread baked by her., and candle lighting22Preparing lighting for the Friday evening meal is the duty of the wife (Babli 25b) and should not be delegated to a servant. Since this is an obligation tied to a fixed time it cannot be a biblical commandment as women are not subject to positive commandments tied to fixed times. But in the Halakhah to Mishnah 6 (Note 214) the obligation of the wife to light Sabbath candles is called a (rabbinic) commandment. Cf. Maimonides, Hilkhot Šabbat 3:1.. HALAKHAH: “Because of three sins women die in childbirth,186Quote from Mishnah 6.” etc. There are Tannaim who state, as children. There are Tannaim who state, in childbirth187Babli 32a.. He who said as children, it was stated in the name of Rebbi Jehudah: Children die because of the sin of vows188Babli 32b, Ketubot 72a.. What is the reason? For the vain I did hit your sons189Jer. 2:30, cf. Nedarim 3:2, Note 73.. But he who said in childbirth, from here that Satan190The prosecutor in the Heavenly Court. accuses191A Hebrew verb formed from Greek κατηγορέω “accuse”. The vocalization בְשָׁעַת is from G. only in times of danger. Rebbi Phineas, Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba: It is written192Num. 27:21, before Eleazar the priest he shall stand and ask him about the judgment of the illuminati. It is not written “in the order of the illuminati” but “about the judgment of the illuminati”. This teaches that at the moment when Israel goes to war the Heavenly Court sits because of them, whether to be victorious or to be vanquished. Rebbi Ḥiyya bar Abba said, it is written193Deut. 23:10, if you camp out against your enemies, guard yourself from every bad thing. Therefore if he does not go out he does not have to guard himself194G: Needs no guard.. But from here that Satan accuses only in times of danger. Rebbi Aḥai bar Jacob said, it is written195Gen. 42:38 an accident might happen to him on the road. Therefore not at home. But from here that Satan accuses only in times of danger. 196In G (and the editio princeps of ˋEyn yaˋaqov) this homily precedes the one of R. Aḥai. Rebbi Bisna in the name of Rebbi Lia: It is written1972K. 19:3, Is. 37:3., a day of affliction, and admonition, and insult is this day. Therefore not another day. But from here that Satan accuses only in times of danger. Rebbi Ayvo bar Nagori. It is written198Ps. 109:7., when he will be judged he will be found guilty. It is not written “he will be justified” but when he will be judged he will be found guilty. But from here that Satan accuses only in times of danger. Rebbi Abba bar Bina said, if a plank is extended from one roof to another199The plank is not fastened at both ends. even if it is rather wide it is forbidden to walk on it. Why? (From here)200Delete with G. because Satan accuses only in times of danger. Rav said, one who sits in a dilapidated house makes the Angel of Death to his creditor201Greek δανειστής, -οῶ, Latin danista, -ae, m., “creditor”., as it is said202Ps/ 55:16., he claims death over them, as you say203Deut. 24:10., if you have any claim against your neighbor. Rebbi Levi said, at three places the Satan usually accuses: one who is on the road alone, one who sleeps in a dark house alone, and one who sets sail on the ocean. Rebbi Isaac bar Marion said, if it had not been written204Is. 43:16., so says the Eternal Who makes a path in the Sea, if a person would set out on it he would die. But the rabbis say, Who makes a path in the Sea, from Pentecost to Tabernacles, and in great waters a trail, from Tabernacles to Ḥanukkah205But the first quarter of the year is off limits for shipping.. Rebbi Yose ben Rebbi Tanḥum from Kefar Agin (a case)206Erroneous addition by a corrector. was in Essia. He wanted to set sail between Tabernacles and Ḥanukkah. A matron207Latin matrona, the wife of an important personality. saw him and said to him, now one sets sail? His father appeared to him208In a dream., but he had no burial209Eccl. 6:3.; he listened to neither and travelled by sea. Rebbi Cohen the brother of Rebbi Ḥiyya bar Abba was a sailor. He came to sail between Tabernacles and Ḥanukkah. He said to his brother, pray for me. He answered him yes, I prayed for you, but if you see the public praying for rain210Since one publicly prays for rain on the last day of Tabernacles one cannot honestly pray in private for good weather during the winter period. do not trust my prayer. Since you bound your lulav211The “four species” taken on Tabernacles (Num. 23:40) interpreted as a kind of rain-making equipment., bind your feet. Mishnah. “Because they are not careful with Niddah20All the rules governing her period; in particular informing her husband that she is forbidden to his sexual attentions. He has to depend on the information she gives him., and ḥallah21The gift to the Cohen to be given from bread dough; cf. Introduction to Tractate Ḥallah. Here also the husband is dependent on the information given by his wife that he may eat the bread baked by her., and candle lighting22Preparing lighting for the Friday evening meal is the duty of the wife (Babli 25b) and should not be delegated to a servant. Since this is an obligation tied to a fixed time it cannot be a biblical commandment as women are not subject to positive commandments tied to fixed times. But in the Halakhah to Mishnah 6 (Note 214) the obligation of the wife to light Sabbath candles is called a (rabbinic) commandment. Cf. Maimonides, Hilkhot Šabbat 3:1..” 212A related homily in the Babli, 31a/32b. The First Man was the blood of the world, as is written213Gen. 2:6., mist would arise from the land. Eve caused him death, therefore they handed the commandment of Niddah to the woman. “And ḥallah21The gift to the Cohen to be given from bread dough; cf. Introduction to Tractate Ḥallah. Here also the husband is dependent on the information given by his wife that he may eat the bread baked by her..” The First Man was the pure ḥallah of the world, as is written214Gen. 2:7., the Eternal, God, created man, dust from the earth. This comes as Rebbi Yose ben Qasarta said, when the woman agitates her dough in water she lifts her ḥallah. Eve caused him death, therefore they handed the commandment of ḥallah to the woman. “And candle lighting22Preparing lighting for the Friday evening meal is the duty of the wife (Babli 25b) and should not be delegated to a servant. Since this is an obligation tied to a fixed time it cannot be a biblical commandment as women are not subject to positive commandments tied to fixed times. But in the Halakhah to Mishnah 6 (Note 214) the obligation of the wife to light Sabbath candles is called a (rabbinic) commandment. Cf. Maimonides, Hilkhot Šabbat 3:1..” The First Man was the light of the world, as is said215Prov. 20:23., God’s light is Adam’s soul. Eve caused him death, therefore they handed the commandment of the light to the woman. 216Babli 32a, Berakhot 31b. Tosephta 2:10. It was stated: Rebbi Yose says, there are three clingings of death and all three were handed to woman: These are they, the commandment of Niddah, the commandment of ḥallah, and the commandment217This homily and the following story of R. Eliezer are the only occurrences where lighting on Sabbath Eve is called a commandment; cf. Note 22. of lighting the light. MISHNAH: Three things a person has to say in his house Friday afternoon before it gets dark: Did you give tithe23New produce grown by Jewish farmers in the Holy Land, once the harvest has been completed, may not be consumed unless heave and tithes were taken. Heave is a small amount and a sanctum; one may assume that the farmer took care of it before the produce came to market. But tithe is a full 10% and is essentially a civil obligation for the benefit of Levites; one may not assume that the farmer took care of this obligation. Since food consumed on the Sabbath has to be prepared beforehand (Ex. 16:23), it is impossible to take tithe on the Sabbath since this would transform non-edibles into edibles., did you make an eruv24The symbolic sharing of space, a courtyard or a dead-end street, by several families turning the space into their private domain with regard to the laws of the Sabbath; details are the subject of Tractate Eruvin. Sadducees considered pharisaic eruvim as Sabbath desecrations., kindle the light25The last action necessary in preparation of the Sabbath. The head of household has to determine that everything is ready for the Sabbath but he does not light himself; this is the obligation of the wife.! If there is a doubt whether it is dark or not dark one does not tithe what is certain26If there is knowledge that tithe had not been given, the food cannot be made ready for consumption after sundown., nor immerse vessels27Impure vessels which cannot be used in a Cohen’s household who eats heave or an Israel’s household who eats his profane food in ritual purity cannot be purified by immersion in a miqweh during twilight., not kindle lights, but one may tithe what is questionable28Produce where there is no certain knowledge, only a suspicion that tithe had not been given, the subject of Tractate Demay. Since such produce may be fed to the poor and strangers it cannot be classified as “unprepared”. Therefore the deficiency may be corrected during twilight hours when any Sabbath restrictions only apply rabbinically., and make an eruv, and store away hot food29Hot food to be kept warm for the Sabbath noon meal in insulating material as explained in Chapter 4.. HALAKHAH: Mishnah: “Three things a person has to say in his house,” etc. 218Babli 32a, Tosephta 2:10. It was stated: Rabban Simeon ben Gamliel says, the practices of sancta, and purifying waters, and preparations for impurity, are of the most important practices and all three have been handed over to the vulgar. The practices of sancta, as we have stated219Mishnah Ḥagigah 3:4. A vulgar person is a person who is not careful to keep the laws of purity in his daily life and to be punctilious in observing the laws of tithes (cf. Introduction to Tractate Demay, pp. 349–350). The Mishnah states that if a vulgar gives heave from his wine making (which everybody is assumed to do) the Cohen who is a Fellow, punctilious in all these rules, may accept the heave as pure only at grape-pressing time. But if the vulgar tells him that part of the juice is dedicated as libation offering in the Temple, the Cohen may accept it all year long since the vulgar will strictly follow all rules of purity connected with the Temple.: “If he said, I separated into it a quartarius of sanctum, he must be believed.” Purifying waters, as we have stated220Mishnah Parah 5:1. Water used for the purification rite with the ashes of the Red Cow (Num. 19) must be treated following very strict rules. Nevertheless any vulgar can be trusted in this matter since the purification rite is needed before a visit to the Temple.: “Everybody is trustworthy about purifying water.” Preparations for impurity, as we have stated221Food can become impure only if it is “prepared” for impurity by intentional contact with water (cf. Demay 2:3 Note 141, Terumot 1:1 Notes 7,9, Niddah 2:6 Notes 98–100). Since the vulgar person is impure, if he asserts that something of his is pure it means that it is impervious to impurity.: “About all these the vulgar is trustworthy to say that they are pure.”It should have been necessary222Making a fire on the Sabbath is a biblical Sabbath violation; giving tithe and making an eruv at twilight are only rabbinical violations. It should have been necessary to first make sure that no biblical violation occurs; cf. the next paragraph.: Kindle the light, did you give tithe, did you make an eruv, kindle223This last word should be deleted with G.? Rebbi Ḥiyya bar Abba224In G: R. Ḥiyya bar Ada. It is impossible to decide which reading is correct. said, since you are strict with him for the easier rules he will be strict with himself with the weighty one. Rebbi Ḥaggai said, Rebbi Samuel bar Rav Isaac commanded his house, did you make an eruv, did you kindle the light? Why did he not say, did you give tithe? Because all he ate, he ate from the market225He was of Babylonian origin and never acquired land in Galilee. Since he bought his food only from trustworthy suppliers he never had to tithe anything (Demay2:2 Note 126).. Mishnah: “If there is a doubt whether it is dark or not dark,” etc. 226A different version is in the Babli, Sanhedrin 68a, and Avot dR. Natan A, Chapter 25. It happened that Rebbi Eliezer was dying on a Friday when it got dark. His son Hyrcanus entered to remove his phylacteries227Which are worn neither during nighttime nor on the Sabbath.. He told him, my son, you neglected the commandment of the light which is for the Sabbath and for which one incurs extirpation and you came to remove phylacteries which is only rabbinical and is only a [positive] commandment228The translation of the technical terms which in the Babli are read as רְשׁוּת “voluntary act”, שְׁבוּת “rabbinic Sabbath prohibition”, and מִצְוָה “commandment” follows S. Lieberman in Tarbiz 5 (1934) pp. 97–99.. He left crying and said, woe to me that my father has lost his mind. He told him, your mind is lost, my mind is not lost. When his students saw that he answered him wisely they entered to him and started asking him. He answered on the impure impure and the pure pure; at the end he said “pure” and his soul vanished. They said, it is clear that our teacher is pure. Rebbi Mana said, it still is clear. Rebbi Joshua entered, removed his phylacteries, was embracing him, and kissing him, and crying, and said, my teacher, my teacher, the vow has been dissolved229The ban imposed on R. Eliezer for his refusal to accept a majority decision was at variance with his traditions.; my teacher, chariot of Israel and its riders2302K. 2:12.. Mishnah: “nor immerse vessels27Impure vessels which cannot be used in a Cohen’s household who eats heave or an Israel’s household who eats his profane food in ritual purity cannot be purified by immersion in a miqweh during twilight..” 231A parallel to this paragraph is Beṣah2:2 (י). Babli Beṣah 18a. Our Mishnah is about large vessels but for small vessels one may be cunning about them and immerse them. Rebbi Hoshaia stated, a person may fill an impure vessels from a cistern, be cunning about it232The cistern serves as a miqweh; the vessel by falling in certainly was completely immersed. But a miqweh purifies only with corresponding intent (cf. Note 68); therefore the owner has to be cunning, i. e., remove the vessel from the cistern with the intent that it should be pure. and immerse it. It was stated: If his pail fell into a cistern, or his vessels fell into a cistern, he may be cunning about them and immerse them. Two Amoraim, one said, about vessels impure in original impurity233Which is biblical.; the other said, about vessels impure in derivative impurity. He who said in (original)234Clearly one has to switch “original” and “derivative” with the Beṣah text. impurity objected to the one who said in (derivative)234Clearly one has to switch “original” and “derivative” with the Beṣah text. impurity, even on a weekday it would require sundown235An impure vessel which becomes pure by immersion in a miqweh can be used for sanctified food only after the next sundown (Lev. 11:32). For a vessel immersed at twilight this is only after almost 24 hours.? He answered him, if he wants to use them to eat profane food in purity236The vessel is pure and the food is not sanctified.. Rebbi Jeremiah, Rebbi Zeˋira in the name of Rebbi Ḥiyya bar Ashi. A quick woman will rinse a cup here237Washing the dishes after Sabbath meals. The house has a dirt floor and only one story. Babli 95a., a pot there, a plate there and end up watering down her house on the Sabbath. Mishnah: “But one may tithe what is questionable28Produce where there is no certain knowledge, only a suspicion that tithe had not been given, the subject of Tractate Demay. Since such produce may be fed to the poor and strangers it cannot be classified as “unprepared”. Therefore the deficiency may be corrected during twilight hours when any Sabbath restrictions only apply rabbinically..” Rebbi Yose in the name of Rebbi Abbahu, Rebbi Ḥizqiah in the name of Rebbi Jehudah bar Pazi: “maybe it was put in order, maybe it was not put in order.238This explains the meaning of the word “demay”. The correct text is in Maˋaser Šeni 5:9, Note 193.” “And make an eruv, and store away hot food29Hot food to be kept warm for the Sabbath noon meal in insulating material as explained in Chapter 4..” Rebbi Ḥiyya bar Ashi said, this is about eruv of courtyards24The symbolic sharing of space, a courtyard or a dead-end street, by several families turning the space into their private domain with regard to the laws of the Sabbath; details are the subject of Tractate Eruvin. Sadducees considered pharisaic eruvim as Sabbath desecrations.. But eruvim of domains are a matter of biblical law239Since adjacent courtyards and dead-end streets are not thoroughfares, there is no biblical prohibition involved in declaring common ground as common private domain. The Sabbath domain belonging to a town is a rectangle oriented North-South and East-West containing the entire town and another 2000 cubits outside town in each of the cardinal directions, inspired by the description of Levitic cities in Num. 35:1–8. An Eruv Teḥumin is a personal action in which a person renounces his right to go outside town in one direction and in compensation may go 4000 cubits in the other direction. If another town would be reached in this space, that town also becomes part of his Sabbath domain. This action clearly involves public domain by biblical standards (even though the restriction to 2000 cubits may be purely rabbinical) and therefore must be completed before sundown.. MISHNAH: If a cooking stove1A portable clay stove with room for two pots; in biblical Hebrew כִּירַיִם (Lev.11:35); cf. Chapter 1, Note 409. was heated with straw or stubbles one may put a dish on it2Since these materials burn quickly and do not form charcoal there is no danger that anybody would stir the fuel on the Sabbath when the food was put on the stove on Friday., with olive cake3What remains of the olives after pressing in the oil press. or wood he should not put it on unless he emptied or covered it with ashes. The House of Shammai say, hot water but no dish, but the House of Hillel say, hot water and dish. The House of Shammai say one takes away but may not return it but the House of Hillel say one even may return4If it was cooked rare before the Sabbath one may even return the pot on the stove after serving since straw and stubbles burn quickly and no long term cooking will ensue nor is there any danger of stirring the embers.. HALAKHAH: “If a cooking stove1A portable clay stove with room for two pots; in biblical Hebrew כִּירַיִם (Lev.11:35); cf. Chapter 1, Note 409. was heated,” etc. So is the Mishnah: “one keeps a dish on it.17“One may put” in the Mishnah means one may put on the stove on Friday and keep it there on the Sabbath. This is the subject of a lengthy discussion in the Babli (36b–37b).” The Mishnah is Rebbi Jehudah’s, as it was stated18Tosephta 2:13 (ed. Liebermann), 3:3 (ed. Zuckermandel); Babli 37a.: “If there were two coordinated cooking stoves, one emptied or covered with ashes, the other one neither emptied nor covered with ashes, one keeps on the one emptied or covered with ashes. What does one keep on it? The House of Shammai say, one does not keep anything on it. But the House of Hillel say, hot water but no dish. If he removed the hot water pot everybody agrees that he should not return it, the words of Rebbi Meïr. Rebbi Jehudah says, the House of Shammai say, hot water but no dish; but the House of Hillel say, hot water and dish. If he removed the hot water pot, the House of Shammai say he should not return it, but the House of Hillel say, he may return it.19This is the text of the anonymous Mishnah even though ordinarily an anonymous Mishnah is presumed to be R. Meïr’s.” Rebbi Ḥelbo, Rav Anan in the name of Rav: it only said “on top of it.” Therefore not into it21On top of the stove, far from the fuel. It is forbidden to leave the food if the pot touches the flame. Babli 37a.. How far? Ulla said, up three [hand breadths]22Distant from the fire. Numbers in the masculine denote handbreadths.. Rebbi Mana said, up to where he would make an impression23It is forbidden to dislocate the ashes on the coals in the stove, but otherwise there are no limitations.. Rebbi Yose ben Rebbi Abun said, because he has mastery at a place where the hand has mastery24If the pot can be handled with bare hands, without a potholder, there are no restriction on where the pot is put.
The Babli uses the rare biblical word סולדת (Job 6:10) “to jump”, decreeing that the pot may be returned to the stove only if “the hand does not jump”, it is not so hot that one needs a potholder. It seems that under the influence of Greek, in the mouth of the Galileans the word šōleṭet sounded to Babylonian ears as sōledet.
. This comes as what Rebbi Zeˋira said in the name of Rebbi25Read with the quote later in the Chapter (Note 148): Rav. Rashba (Novellae ad 40b) reads here the full text there. Jehudah: It is permitted to make lukewarm at a place where the hand has mastery but it is forbidden at a place where the hand has no mastery26On the Sabbath itself one may use food or drink which are hot but may be touched to warm cold food to lukewarm. In the Babli (40b) Rav Jehudah permits to heat oil even if the hand jumps.. Rebbi Joshua the son of the circumciser was serving Rebbi Zeˋira; he brought him piping hot dishes27On the Sabbath.. He asked him, how was this done? He told him, I cleaned out the stove and put it on top. He told him, you should not do this but clean out the stove, take three stones and cast it on them. Rebbi Abbahu instructed in Bostra: One fills a vessel28Greek γάστρα, -τρη, ἡ “belly”-shaped vessel. with hot ashes, puts on top three stones, and casts on them29This is the final decision for practice.. Daniel the son of Rebbi Qaṭina in the name of Rebbi Assi30Read: Rebbi Daniel the son of Rav Qaṭina in the name of Rav Assi.: spines of palm branches are like olive cake and wood. That is, if they had been moist and dried out. But if they were dry from the start31If they are dry on the tree. they are like straw and stubbles. Animal droppings. There are Tannaim who state, like olive cake and wood; and there are Tannaim who state, like straw and stubbles. He who says like olive cake and wood, small cattle32Droppings of sheep and goats are hard, unlike soft cow droppings.. And he who says like straw and stubbles, large cattle. One who empties, only if he empties completely, since it was stated: he who empties has to scratch out33The Medieval quotes of this passage (RAN Šabbat ad 36b, ed. Mosad Harav Kook col. 126, Ritba ad 36b ed. S. Schreiber, Rashba Šabbat ad 36b) read לטאטא “to sweep out” (with a broom.) by hand. This implies that he has to empty completely. If one covers with ashes, does he have to cover completely? Since it was stated: when he kindled flax tow over it34In the Babli, 37a, “if he covers it with flax tow” without setting it on fire. The Yerushalmi seems to be of the opinion that this will burn quickly and leave a thin layer of ashes covering the coals., this implies even if he did not completely cover it with ashes. When was this said? On a holiday which happens to fall on Friday; Rebbi Ashian said, one kindles flax tow over it. If he covered it with ashes and it started burning, what? The Elder Rebbi Ḥiyya went to his house and instructed: it is permitted35When his wife (“his house”) accidentally left something on the stove.. They asked before Rebbi Zeˋira, and Rebbi Hoshaia, and Rebbi Ḥanania the colleagues of the rabbis, “it started burning”, in the past. Rebbi Immi passed by; the colleagues were scattered; then they wanted to return to it. Rebbi Ḥanania the colleague of the rabbis said to them, as the case happened so it happened36It happened that R. Ḥiyya rules in a case where it was left unintentionally. In R. Ḥanania’s opinion it would be permitted to intentionally leave something on a stove whose coals were incompletely covered.. Rebbi Samuel bar Sisartai said, it is questionable for the future37“In the future” means to permit it to do so intentionally in the future; “in the past” means to rules about a question which arises because of what already has happened.. Rebbi Mana said, I objected before Rebbi Abba the son of Rebbi Pappaios: If you say for the past, even if he did not38Probably this word has to be deleted; it certainly is forbidden to put something on a stove which was lit expressly for Friday night, not for cooking on Friday afternoon. cook on it earlier. 39This and the next two paragraphs are from Terumot 3:3 (ת), Notes 70–88. As it was stated40Tosephta Šabbat 2:15, Babli Ketubot34a.: “He who tithes or cooks on the Sabbath, if it was done unintentionally it may be eaten, intentionally it may not be eaten, the words of Rebbi Meïr. Rebbi Jehudah says, unintentionally it may be eaten at the end of the Sabbath, intentionally it may not be eaten. Rebbi Joḥanan the Alexandrian said, unintentionally it may be eaten at the end of the Sabbath by others but not by himself, intentionally neither by him nor by others.” Samuel followed Rebbi Joḥanan the Alexandrian. When Rav was instructing his own group he said following Rebbi Meïr; in public he instructed following Rebbi Joḥanan the Alexandrian41Babli Ḥulin 15a.. Rebbi Simeon bar Karsana said, he explained to us following Rebbi Ismael ben Rebbi Yose, as it was stated42Tosephta Šabbat 2:16.: “Rebbi Ismael ben Rebbi Yose43In Tosephta, Terumot and the quotes in Medieval authors the name is R. Ismael the son of R. Johanan ben Beroqa. said in his father’s name, in any case where for an intentional sin one is liable for extirpation and an unintentional sin for a purification offering, if it was committed on the Sabbath unintentionally or intentionally, the result is forbidden both to him and to others. In any case where for an intentional sin one is not liable for extirpation and an unintentional sin no purification offering is due, if it was committed on the Sabbath unintentionally or intentionally, the result unintentional it may be eaten by others after the end of the Sabbath but not by him, intentionally neither by him nor by others.” They asked before Rebbi Joḥanan, what do you say? He said, I have only the Mishnah44Mishnah Terumot 2:3.: “He who tithes or cooks on the Sabbath, if in error it may be eaten, if intentionally it may not be eaten.” Rav Ḥisda heard this and said, the Sabbaths have been permitted! 45In Terumot, this the reason for Rav Ḥisda’s complaint: “for Rav Huna said …” Rav Huna in the name of Rav, and Rebbi Ḥiyya stated thus: 46Babli 38a.“In earlier times they said, one who forgets some dish on his stove on the Sabbath, unintentionally it may be eaten, intentionally it may not be eaten. People were suspected that they left it intentionally and said, it was forgotten; they forbade it to them when it was forgotten.” And here, you say so? Rebbi Ila said, they were suspected to leave it on, they were not suspected to cook. They imposed a fine for forgetting but not for cooking. 47The omissions in this text show clearly that the original is in Terumot.“They came back to say, a dish which will improve the more it shrinks is forbidden; a dish which will deteriorate the more it shrinks is permitted. What is a dish which improves the more it shrinks? For example cabbage, peas, and chopped meat.48Tosephta Šabbat 2:14 in the name of R. Jehudah. Babli 38a.” Rebbi Tanḥum bar Illa said, they also considered heads of beets and heads of of leeks as dishes which improve the more they shrink. What about eggs? Rebbi Yose in the name of Rebbi Ismael ben Rebbi Yose: My father came home and found hot water and permitted it, eggs and forbade them. Rebbi Samuel bar Natan in the name of Rebbi Ḥama bar Ḥanina: I went with my father to Ḥammat Gader where they brought before us eggs small like crab apples and they tasted delicious like sweetbread49Greek πάγκρεας, -ατος, τό.. It was stated50Tosephta 3:1 (ed. Liebermann), 4:1 (ed. Zuckermandel.) Babli 18b.: “A woman should not fill a pot with ˋassisiot51An undetermined kind of legumes; in the words of the Geonim they exist in the Land of Israel but not in Babylonia. Clearly they need a very long time for cooking similar to lupines. Cf. Arabic عصّ “to be hard”. Cf. Latin siser, -eris, n. (Greek σίσαρον) “a plant cultivated for its piquant root, perhaps rampion (campanula rapunculus) (E. G.). and lupines and put them into the oven at the start of the Sabbath, at nightfall. If she did, they are forbidden after the end of the Sabbath until the time they could have been done.” Rebbi Aḥa said: intentionally, following Rebbi Meïr; Rebbi Yose said: unintentionally, following Rebbi Jehudah. Rebbi Mana said, what my teacher52The vocalization is from the ms. It corresponds to the spelling רְבִי used by Samuel Hannagid in his poem addressed to Rav Nissim and the inscription RABI (soft β) found at Bet-Shearim. Rebbi Yose said is correct: 53Tosephta 2:21. Babli Giṭṭin 53b.“He who is planting on the Sabbath, if unintentional, he may keep it, if intentional, he must tear it out. In the Sabbatical year, he must tear it out whether [planting was] unintentional or intentional. Rebbi Jehudah says, it is the other way around. If he was planting on the Sabbath he must tear it out whether it was unintentional or intentional; in the Sabbatical, if unintentional, he may keep it, if intentional, he must tear it out. Why? Because the profit of the Sabbath [is forbidden] to him.” And here, since you say that after the end of the Sabbath he has to wait until the time it could have been done, he did not gain anything from the Sabbath. What is the reason of the rabbis? People are suspected about the Sabbatical but not about the Sabbath. Another explanation: One counts Sabbaticals, one does not count Sabbaths. What is this about? If somebody planted less than thirty days before the Sabbatical and now it is the Sabbatical, if it is because of suspicion, there is no suspicion; if it is for counting, it is not counted. Less than thirty days before the eighth year and now it is the eighth year, if it is because of suspicion, there is suspicion; if it is because of counting, there is counting. It follows him who says because of suspicion, but for him who says because of counting they fined the unintentional because of the intentional54This last sentence is the opposite of the last sentence in Terumot. The latter text seems to be correct since in counting the age of a tree a month more or less is negligible. But one should not plant a tree a month before the Sabbatical, even though this is not forbidden, since the tree’s years for ˋorla will be counted from the Sabbatical.. If he took it when it still was daylight he may return it when it still is daylight. If he took it after dark he may return if after dark55The pot to a stove either cleaned out or whose embers are covered with ashes.. If he took it when it still was daylight and the day became holy for him? Rebbi Simon [bar Thaddeus]56This is the reading of medieval quotes, instead of the unintelligible דתרי of the ms. (RAN on RIF #393; Naḥmanides Novellae ad 38a). in the name of Rebbi Hoshaia: If he had put it down on the ground it is forbidden to move it57To return it to the stove; the pot may be used to serve the food.. Rebbi Eleazar in the name of Rebbi Hoshaia: I was serving the Great Rebbi Ḥiyya58Babli 38b. and I brought him hot water from the lower to the upper apartment59Greek δίαιτα, ἡ, “dwelling”. and returned it to the stove. Rebbi Jeremiah ben Rebbi Simeon said, even from a stove with little heat to a stove with much heat Rebbi Immi said, many times I was sitting before Rebbi Hoshaia but this I never heard from him. Rebbi Zeriqan said to Rebbi Zeˋira, he did not hear from him that it was permitted; therefore it is forbidden. If it was hanging from a peg, or it was put on a footstool. Should we say if it was as if on coals60Still hot. it is permitted and if not it is forbidden? Rebbi Joḥanan ben Rebbi Marius said, if he did not remove his hand from it. But if he removed his hand from it it is forbidden58Babli 38b.. MISHNAH: If an oven5A portable clay oven, essentially a truncated cone. The opening at the top causes updraft and a stronger flame. was heated with straw or stubbles one may not put anything inside it or on its back. If a single burner6Similar to כִּירָה but with space for only one pot. was heated with straw or stubbles it is like a cooking stove, with olive cake or wood it is like an oven. HALAKHAH: Mishnah: “If an oven5A portable clay oven, essentially a truncated cone. The opening at the top causes updraft and a stronger flame. was heated with straw or stubbles,” etc. Bar Qappara stated: It is even forbidden to lean against it61One may not put a pot near the oven so it touches the oven. Babli 38b.. Rebbi Shammai leaned against the air space62Instead of דוירא it is possible to read the ms. as אדירא “threshing floor; heap; hide”. of the oven. Rebbi Mana told him, did not Bar Qapprara state: It is even forbidden to lean against it? Rebbi Mana cursed women who spread out their dresses over the airspace of the oven63To dry them on the Sabbath in the hot updraft generated by the oven.. Rebbi Yudan ben Rebbi Ismael with difficulty instructed to clean out the oven, laid there three stones and put on them64He treated an oven like a stove.; only that the neighboring women should not know of this. Rebbi Yose said, for the Sabbath you go by the heat65Any place with an updraft is treated as an oven; with fire burning without updraft it is a stove, irrespective of its shape.; for impurity you go after the closure66If it has an opening on the bottom as air intake it is an oven; if it is enclosed and only the places for the two pots are open on top it is a stove.. MISHNAH: One may not put an egg next to the hot water container to make it soft boiled and he may not break it on tissue7To make an omelette by the heat of the sun., but Rebbi Yose permits. One should not bury it in dust of roads that it should be roasted8Even R. Yose agrees that only quick cooking is permitted by using the heat of the sun, not full scale roasting..
What the people of Tiberias did was to divert a jet of cold water into a canal of hot water. The Sages told them if this is on a Sabbath this is like hot water which was heated on the Sabbath; it is forbidden for washing and drinking. But if it is on a holiday it is like water heated on the holiday; it is forbidden for washing but permitted for drinking. From a cleaned-out cooking vessel9Latin miliarium, -ii, n. “cooking vessel”. one drinks on the Sabbath; from an Antiochean vessel10It seems that the difference between an Antiochian vessel and a miliarium was that the latter had a small container for coals at its bottom but the Antiochian a large one which kept heat for a very long time. one does not drink even if it is cleaned out. HALAKHAH: Mishnah: “One may not put an egg next to the hot water container,” etc. There67Mishnah Terumot 10:2., we have stated: “If a mashed apple is added to dough which soured, [the dough] is forbidden68If a heave apple was mixed into profane dough, the mixture is forbidden to lay persons and impure Cohanim..” 69The text also is in Terumot 10:2 (ת) Notes 15–19, Ḥallah 1:1 (ח) Note 21, Pesaḥim 2:4 (29b line 22), פ. It was stated: Rebbi Yose permits it. Rebbi Aḥa, Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: They disagree when it becomes sour from the juice [of the apple]. But if it becomes sour from its solid substance it is permitted. Rebbi Yose follows his own opinion. Just as he says there, its souring is not clearly souring, so he says here, its cooking is not clearly cooking70Apple juice is not a commonly used agent for souring; similarly the sun is not commonly used to fry eggs.. It was stated: Rebbi Joḥanan ben Rebbi Marius said, if he did not remove his hand from it. But if he removed it it is forbidden58Babli 38b.. 71This paragraph and most of the next are also in Kilaim 1:9 (Notes 167–178). The baraita is quoted in Babli Šabbat 123a, Eruvin 77a. An unripe fig which he hid in straw or a flat pita which he hid in coals may be taken on the Sabbath if they were partially uncovered, otherwise they may not be taken72The figs had been covered in straw to hasten the ripening process. By this the owner shows that he does not consider them ready for eating; they are not prepared food for the Sabbath. But if they are partially uncovered they are counted as food. It must be assumed that the coals in which the pita was roasted are now cold; there is no problem of making fire and in moving them.. Rebbi Eleazar ben Thaddeus said, in any case he can stick in a spit or a knife and take it73In this case he only moves the food; if the cover (straw or cold coals) is also moved this is incidental and not the goal of his action; it is not forbidden for R. Simeon. But if he would use his hands to take the completely covered food it would have to be his intention to remove the cover first; this is forbidden according to all opinions.. This [statement] of Rebbi Eleazar ben Thaddeus follows Rebbi Simeon, as we have stated74In the Babli version (22a, 29b, 46a, Pesaḥim 101a, Menaḥot 41b; Tosephta Yom Ṭov 2:18) only R. Simeon’s opinion is quoted.: “A person may not drag a bed, or a chair, or a footstool75Latin subsellium., or a fauteuil75aGreek καθέδρα, ἡ., because he makes a groove, but Rebbi Simeon permits.” 76This paragraph also is in Besah 2:9 (61d line 22) (י). Rebbi Abba in the name of Rebbi Ḥuna, Rebbi Ḥaggai in the name of Rebbi Zeˋira, Rebbi Yose in the name of Rebbi Ila: The Sages admit to Rebbi Simeon that a chair whose legs are stuck in mud one is permitted to move on the Sabbath77Since the mud is soft, the groove will disappear by itself; it was not “made”.. Since you are saying, it is permitted to move it, similarly it is permitted to return it. Rebbi Yose said, we also have stated78Mishnah Kilaim 1:9 referring to turnips and radishes partially hidden.: “and they may be removed on the Sabbath.” Rebbi Yose ben Rebbi Abun said, this is Rebbi Simeon’s. Rebbi Yose said, a Mishnah says so, “one may not drag any implement except a carriage because it presses79Mishnah Besah 2:10. The wheels of the carriage will press the dust down, not move it sideways as would be the case if one drags anything without wheels. The Sages opposing R. Simeon forbid moving the “unprepared” dust even if this was not the intention of the person acting. This Mishnah cannot follow R. Simeon; it contradicts the Mishnah in Kilaim..” But we have stated80Mishnah Kilaim 1:9 declares that harvested produce from the preceding year which was stored in the ground does not become subject to the laws of the Sabbatical.: “The Sabbatical year!” Can you say that “the Sabbatical year” follows Rebbi Simeon81The position of R. Simeon in Šabbat is irrelevant for the Sabbatical.? He explains “the Sabbatical year” following Rebbi Simeon since Rebbi Simeon permits the aftergrowth of the Sabbatical year82This part of the Mishnah still follows R. Simeon but for a different reason. The note “and here you say so?” has to be moved to the end of the next sentence., and here you say so? Even though Rebbi Simeon permits aftergrowth of the Sabbatical year, he still holds it subject to the Sabbatical year and the holiness of the Sabbatical year83Even though R. Simeon permits aftergrowth (except cabbage, Mishnah Ševiˋit 9:1), spontaneous growth from stray seeds, to be harvested he still requires it to be consumed by humans or animals, not to be used for industrial production.. Also we have stated for Rebbi Simeon who declares it pure so it cannot become impure84Even though R. Simeon considers last year’s produce stored in the earth as produce, not as food, and therefore not susceptible to impurity, it still is last year’s produce and may be used for purposes other than food., he worries neither about the Sabbatical year nor about the holiness of the Sabbatical year! There85In Babylonia., they say, the sun is permitted, a derivative of the sun is forbidden86One may boil an egg by exposing it to direct sunlight; one may not heat a towel in direct sunlight and then wrap it around an egg outside of direct sunlight.
In the Babli 39a states that the prohibition of derivatives of sunlight is a disagreement between Tannaim but in practice the statement about the rabbis there is confirmed.
. The rabbis here say, both the sun and derivatives of the sun are permitted. Our Mishnah disagrees with the rabbis here: “One should not bury it in dust of roads that it should be roasted.” There is a difference, because he makes a groove87The prohibition is not against the use of sunlight asa source of heat but the problem of moving dust and creating a permanent depression in the ground.. If it had said “flour” it would have been correct.88A flat pita could be baked in the sun without creating a groove. A baraita disagrees with the rabbis there, as it was stated89Babli 39a; Tosephta 2:22 (ed. Liebermann), 2:12 (ed. Zuckermandel).: “Rabban Simeon ben Gamliel says, one soft-boils eggs on a boiling hot whitewashed roof but one does not soft-boil eggs in boiling hot dust.” What do the rabbis there do with this? They explain that they disagree with Rabban Simeon ben Gamliel90In the Babli, the Tosephta is explained in parallel to the Mishnah; dust is forbidden not because it was heated in the sum but because it may not be moved.. In the opinion of the rabbis there, “what the people of Tiberias did.91They seem to think that the hot water did not come from the hot springs of Tiberias but was heated in the sun.” In the opinion of the rabbis here the Mishnah was finished92This translation follows S. Liebermann. Mishnah 4 is separate from Mishnah 3 and treats a different subject, not connected with the problem of cooking by means of the heat of the sun.. “As to what the people of Tiberias did.” Mishnah: “What the people of Tiberias did,” etc. 93A different version is in the Babli, 40a, as baraita in the name of Bar Qappara. Originally they closed the conduit94Greek καμῖνος, ὁ. on Friday and they entered95The bathhouse. and bathed on the Sabbath. They were suspected of filling it with wood on Friday so it would burn continuously on the Sabbath; they forbade them bathing and permitted sweating. They were suspected of coming and bathing but saying “we were sweating.” They forbade bathing and sweating to them. If there were there two basins, one of sweet water96Lukewarm water, result of heating. It seems that “salt water” does not mean sea water but cold water, possibly from Lake Genezareth. and one of salt water. They were suspected of uncovering the planks and bathing in sweet water but saying, “we did bathe in salt water;”97Here starts another Genizah fragment edited by Ginsberg (pp. 76–79). they forbade them everything. When they were fenced in98The people of Tiberias observed all rabbinic “fences around the law.” they continuously permitted them more until they permitted them water in a cave99Where there is no danger that it should have been heated artificially on the Sabbath. and the hot springs of Tiberias, but they did not permit bringing towels100Latin linteum; linen bath towel.. Who permitted the bringing of linen cloths? Rebbi Ḥanina ben Aqabia, as it was stated101The statement appears three times in the Yerushalmi, here, and Eruvin 8 (Note 115), Sukkah 1:9 (52c line 32); in the Babli Eruvin 87a.: Rebbi Ḥanina ben Aqabia permitted three things. He permitted seaweed102In the Babli: עֵצָה “wood branches, splinters”. Even though seaweed is naturally wet it is not prepared for impurity (Chapter 1, Note 316) and may be used as insulating material to keep food warm for the Sabbath., he permitted the balcony103If a house is built on a lake shore (or sea shore) and a balcony extends over the water, if the floor of the balcony has an opening through which a pail can be lowered into the water he permits to draw water through the opening on the Sabbath even though there is little likelihood that the water drops drawn were below the balcony at the beginning of the Sabbath., and he permitted bringing linen cloths. There, we have stated104Mishnah 22:8.: “If somebody bathes in a cave or in the waters of Tiberias he may dry himself even with ten linen towels105It is forbidden to wring out water from a washcloth on the Sabbath. It also is forbidden to carry a washcloth from one’s house to the thermal bath through the public domain. The Mishnah seems to forbid even to bring a washcloth from the anteroom where people undress to the actual bath basin. If one is not afraid the person may actually wring out the water, why may he not bring his washcloth into the room where the bath is? but may not bring them in his hand.” Samuel said, what should an opinionated person do who never studied and never served106Only a person inexperienced in talmudic discussion could ask such a question; cf. Peah 2:6 Notes 116–120.? This Mishnah was before they permitted to bring linen towels. Rebbi Jeremiah and Rebbi Zeˋira107One would have expected “R. Jeremiah, R. Zeˋira, Rav Jehudah in the name” but not student (R. Jeremiah) and teacher (R. Zeˋira) coordinated in the statement., Rav Jehudah in the name of Samuel: Rebbi permitted linen towels. It was stated: One takes a shower neither with hot water nor with cold water108On the Sabbath. Tosephta 3:4 (ed. Liebermann), in the name of R. Meïr; Babli 39b.. Rebbi Jehudah bar Pazi said, this baraita was before the Sages permitted the hot springs of Tiberias109While one may not heat water on the Sabbath, taking a shower in hot springs is permitted even if sprinkling the hot water on one’s body may induce sweating., as it was stated: One who bathes in the hot springs of Tiberias may sprinkle on himself, but others may not sprinkle on him. Rebbi Simeon ben Menassia said, he may not even sprinkle on himself since he increases vapor and sweeps the floor. Rebbi Aḥa bar Isaac went bathing with Abba bar Mamal at the Three Graces110This is Liebermann’s reading, Τρεῖς Χάριτες as a geographic name (?). Arukh reads the first word as טירם (s. v. 4טר) and explains as Latin thermae.. He saw a man sprinkling on himself. He told him, in this way it is forbidden on the Sabbath since he increases vapor and sweeps the floor111He decides practice following R. Simeon ben Menassia.. Rebbi Abbahu said, others were sprinkling and it fell on him112He follows the anonymous majority against R. Simeon ben Menassia.. He answered, but Rebbi Levontin went bathing with Rebbi Jonah113The final decision made by an Amora of the last generation.. He saw a man sprinkling on himself. He told him, we do not have to be concerned about an isolated opinion114R. Simeon ben Menassia’s is an isolated opinion which cannot be followed.. The Elder Rebbi Isaac115In the Babli, R. Isaac bar Eudaimon. went bathing with Rebbi. He asked him, may one put a flask in the circle116If one visits the natural thermal bath on the Sabbath, may one take a flask of oil, and put it in the center near the hot spring’s spout to warm it?? He told him, put it in the draw-pot117There will be no problem if one scoops up the hot water in a vessel and then puts the flask of oil into that vessel. “Cooking” in the sense of the laws of the Sabbath occurs only in a primary vessel, one where heat flows from an outside source into it. A secondary vessel is one where heat flows out of it into the cooler surroundings; a secondary vessel never cooks in this sense. Babli 40b. and it becomes a secondary vessel. 118This paragraph is also in Avodah zarah 3:4, Notes 116–120 (ע). As a matter of principle it is forbidden to talk about holy matters at places where people are naked, as in the bathhouse, or which smell badly, as in an outhouse. The question is whether one may ask for urgently needed answers to questions at such a place. The question arises here because it is reported in the previous paragraph that Rebbi (and in this paragraph R. Meїr) answered a question in the hot springs of Tiberias when naked on the Sabbath. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: One may ask about practice of the bath in the bathhouse and the practice of the toilet in the toilet. As the following: Rebbi Simeon ben Eleazar went bathing with Rebbi Meïr. He asked him, how about drying oneself with a towel? He told him, it is forbidden. How about rinsing? He told him, it is forbidden. But did not Samuel ask Rav, may one say Amen at a dirty place119He asked at such a place of bad smell.? He told him: it is forbidden and it is forbidden for me to tell you it is forbidden. There was found a Tanna who stated: One does (not)120Of our three sources, two do not have this word; their text is quoted by Naḥmanides and his student Rashba in their Novellae to Babli 40b. But since the quote comes in support of Rav who forbids, as against prior testimony of Rebbi, R. Meïr, and R. Joshua ben Levi who permit, probably the Leiden text is correct, the word should not be deleted, but practice has to follow Rebbi’s group; Babli 40b. ask about practice of the bath in the bathhouse and the practice of the toilet in the toilet. 121These paragraphs also are in Beṣah 2:5 (61c line 32) (י). Babli 40a.“If it is on a holiday it is like water heated on the holiday,” etc. Hot water heated on a holiday and similarly hot water heated on Friday for the Sabbath, Rav and Samuel, one said, one uses it to wash his face, hands, and feet, while the other said, one uses it to wash his entire122In Beṣah 2:5, the expression “entire” is missing. Since Ex. 12:16 permits to prepare on a holiday what is eaten by everybody, and heating water for bathing is derived from the permission to heat water for consumption, he does not permit the use of a bathtub since the poor do not have bathtubs. Therefore it is necessary to wash each limb separately. body limb by limb. We did not know who said what but since Samuel stated, one uses it to wash his face, hands, and feet, it follows that it was Rav who said, one uses it to wash his entire body limb by limb. A philosopher asked Bar Qappara; Ablat asked Levi the eunuch123If this is not an intended slander then probably the word is a scribal error for Parisa; cf. Giṭṭin 6:7 Note 115.: Is it124Water heated on the holiday. permitted for drinking but forbidden for taking a bath? He told him, if you saw an eunuch embracing your wife, would you not feel badly about it? He said, yes. He asked him, can he squeeze her125S. Liebermann thinks that this expression is not obscene but a shortening of מְנַכֶּה “deducts (from her value)”. in any way? He said, that she should not get loose morals. He told him, here also that they should not get loose morals126This would imply that the rule is purely rabbinical.. After he left, his students told him, this one you pushed away with a stick; what do you answer us? He said to (him) [them]127The word in brackets is from the text in Beṣah.: Is there not already written128Ex. 12:16. only what is being eaten by everybody, this alone may be made by you. “From a cleaned-out samowar9Latin miliarium, -ii, n. “cooking vessel”. one drinks on the Sabbath.” Therefore not if it was not cleaned out. Rebbi Ashian said, because the coals touch its body129As explained in Note 10, the coals are filled into the double bottom of the vessel.. Rebbi Ḥanina the son of Rebbi Hillel said, because the wind enters its body and the coals will burn130If there are air vents in opposite direction at the bottom, the coals will always burn.. Rebbi Yose ben Rebbi Abun said, because it was made in pieces; he is afraid that its glue was weathered away and he adds water131Cf. Chapter 1, Note 365. “From an Antiochean vessel10It seems that the difference between an Antiochian vessel and a miliarium was that the latter had a small container for coals at its bottom but the Antiochian a large one which kept heat for a very long time. one does not drink even if it is cleaned out.” Rebbi Ḥananiah, Rebbi Yasa132Following G for reasons of chronology., Rebbi Aḥa Abba in the name of Rebbi Joḥanan, because it is heated from its walls133Which makes it a primary vessel (Note 117) in which heating is a biblical prohibition.. The rabbis of Caesarea, Rav Huna in the name of Rav: If it was cleaned out and open it is permitted134The Babli disagrees, 41b.. MISHNAH: One may not put cold water into a hot water container which was removed11It is not clear whether this means that the vessel was removed from the fire or the boiling water removed from the vessel. in order to heat it but one may put into it or into a cup to make it lukewarm. HALAKHAH: Mishnah: “One may not put cold water into a hot water container which was removed11It is not clear whether this means that the vessel was removed from the fire or the boiling water removed from the vessel.,” etc. Rebbi Abba the (son of the)135To be deleted with the text of G. son of Rebbi Ḥiyya bar Abba, Rebbi Ḥiyya136He is R. Ḥiyya bar Abba. in the name of Rebbi Joḥanan: they stated this only for a cup, therefore not into itself. Rebbi Mana said, I objected before Rebbi Abba [the son of Rebbi Ḥiyya bar Abba]137To be added with the text of G.: Rebbi Joḥanan could not have stated this on the first part [of the Mishnah] nor on the second part! “In order to heat it”, therefore to make it lukewarm is permitted138R. Joḥanan must want to say something which is not explicit in the Mishnah. But the second part of the sentence of the Mishnah says explicitly that one may put cold water into the container to make it lukewarm; the only prohibition is to put in there a small amount of cold water which would become really hot (Babli 41a). The same conclusion can be drawn from the first clause in the sentence.. There came Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of (Rebbi) [Rav]139The correct version [in brackets] is from G, against the reading of the Leiden ms. Rav Ḥiyya bar Ashi was Rav’s student.. If to heat it140In G: “In order to harden it”, turning iron into steel by immersing the hot iron into a cold bath. This is an industrial process biblically forbidden on the Sabbath as “hitting with a hammer” (the expression for “finishing a production process.”), it is forbidden, if to make it lukewarm it is permitted. It was stated141Babli 42a.: “One may add hot water to cold but not cold to hot142The House of Shammai hold that the matter which is in a vessel always dominates what is added to it; therefore hot water always will heat, which is forbidden, and cold water always will cool, which is permitted., following the words of the House of Shammai. But the House of Hillel say, whether hot to cold or cold to hot it is permitted. When has this been said? Into a cup143A small quantity which never could heat so much that it could not be touched., but into a bathtub144Greek ἐμβατή, ἡ “bath”. hot to cold is permitted but cold to hot is forbidden, and Rebbi Simeon [ben Menassia]145Added from G; necessary by the following text. permits146In the Babylonian sources: “forbids”..” Rav comes following Rebbi Simeon ben Menassia and Rebbi Joḥanan following Rebbi Joḥanan ben Nuri. It was stated: “Rebbi Joḥanan ben Nuri forbids.” 147Babli 40b, Tosephta 3:5 (ed. Liebermann). The position attributed here to R. Meïr there is anonymous.“A person may fill an amphora full of water and put it close to the pyre, not that it become hot but to disperse its coldness. A person may immerse himself in cold water, come out and warm himself next to the pyre, the words of Rebbi Meïr, but the Sages forbid.” Rebbi Meïr says it correctly; what is the rabbis’ reason? 148Cf. Notes 25,26. It should come as what Rebbi Zeˋira said in the name of Rav Jehudah: It is permitted to make lukewarm at a place where the hand rules24If the pot can be handled with bare hands, without a potholder, there are no restriction on where the pot is put.
The Babli uses the rare biblical word סולדת (Job 6:10) “to jump”, decreeing that the pot may be returned to the stove only if “the hand does not jump”, it is not so hot that one needs a potholder. It seems that under the influence of Greek, in the mouth of the Galileans the word šōleṭet sounded to Babylonian ears as sōledet.
; it is forbidden to make lukewarm at a place where the hand does not rule. 149From here on there exists a parallel in Maˋserot 1:6 (Notes 160–179) (מ). Even how far “where the hand does not rule”? Rebbi Jehudah bar Pazi, Rebbi Simon in the name of Rebbi Yose ben Ḥanina: Up to where he puts his hand and it is burned150The Babli is more restrictive.. Everybody agrees that a secondary vessel117There will be no problem if one scoops up the hot water in a vessel and then puts the flask of oil into that vessel. “Cooking” in the sense of the laws of the Sabbath occurs only in a primary vessel, one where heat flows from an outside source into it. A secondary vessel is one where heat flows out of it into the cooler surroundings; a secondary vessel never cooks in this sense. Babli 40b. is permitted150The Babli is more restrictive.. What is the difference between a primary and a secondary vessel? Rebbi Yose said, here the hand rules, there the hand does not rule151Babli 40b.. Rebbi Jonah said, in neither case does the hand rule. But they forced distance for a primary vessel152Since a primary vessel may cook in a biblically forbidden way, rabbinically activities which do not qualify as cooking by biblical standards also are forbidden. There is no reason to be restrictive for secondary vessels.; they did not force distance for a secondary vessel. (Mishnah: “Into a pan12Greek λοπάς, -άδος, ἡ. or a pot which was taken off the fire boiling,” etc.)153This sentence, missing in G, should be moved as headlines to the next paragraph. Rebbi Mana said, a pot of rice supports my father, a pot of groats supports my father154R. Jonah., for you move them from place to place and they still are boiling hot. MISHNAH: Into a pan12Greek λοπάς, -άδος, ή. or a pot which was taken off the fire boiling one should not give spices13Nothing fresh can be put into a cooking pot on the Sabbath. Spices can be put into a serving pot which never was on the fire, since they do not need cooking to be seasoning. but one may give them into the bowl or into the tray. Rebbi Jehudah says, one may put them in everything except what contains vinegar or fish sauce14These will actually cook the spices when hot even if not on the fire.. HALAKHAH: May one put spices at the bottom and pour on them from above155Since the Mishnah forbids putting spices in a pot not on a fire but still boiling hot.? Rebbi Jonah said, it is forbidden and pouring confers the status of primary vessel. The force of Rebbi Jonah comes from this156Mishnah Zevaḥim 11:7. Lev. 6:21 precribes that pottery vessels after being used to cook a ḥaṭṭat sacrifice must be broken and metal vessels cleansed and washed. The Mishnah explicitly includes pouring hot water in the biblical definition of “cooking”.: “Both vessels used for cooking or into which it was poured boiling.” Rebbi Yose said, there a pottery vessel absorbs; spices are not cooked157It is generally agreed that pottery must be broken because it absorbs particles from the sacrifice which on the following day become forbidden. Cf. J. Milgrom, Leviticus 1–16, pp. 404–407, New York 1991.. Rebbi Yose ben Rebbi Abun objected: Did we not state158Sifra Ṣaw, Pereq 7(1). The argument is that Lev. 6:21 reads a passive “a pottery vessel in which something has been cooked”, not “in which one cooked”. This is taken to mean that one cooks in, not by the vessel. In that case, the vessel is really “secondary vessel” since its walls do not transfer heat to the meat being cooked. The only case one can think of is pouring boiling water into the vessel. Since the argument of R. Yose does not work for metal pots, R. Jonah is justified., “the same holds for brass vessels.” Can one say that brass vessels absorb? Can one pour in from a stream159If boiling water was poured in a stream coming from a vessel much higher than the receiving one, do we say that the water in the receiving pot certainly is no longer boiling?? Rebbi Ḥanina, the son of Rebbi Hillel, said, the disagreement of Rebbi Jonah and Rebbi Yose. Rebbi Isaac bar Gufta asked before Rebbi Mana: If he did this on the Sabbath, is he guilty because of cooking? If he did this with meat and milk160The prohibition of combining milk and meat together is given three times (Ex.23:19, 34:26, Deut. 14:21) with emphasis on cooking., is he guilty because of cooking? He said to him, parallel to what Rebbi Zeˋira said, what is certainly a dumpling161Small pieces of dough cooked in boiling water.? Only if fire burned underneath it. So here also, what is certainly162Pouring hot water over food on the Sabbath or pouring boiling milk over meat not over the fire are rabbinical prohibitions. a cooked dish? Only if fire burned underneath it. “Rebbi Jehudah says, one may put them in everything except what contains vinegar or fish sauce14These will actually cook the spices when hot even if not on the fire..” In the opinion of Rebbi Jehudah, salt is like163The translation follows G and מ. fish sauce and wine164Since the Mishnah here and Maˋserot 1:7 show that R. Jehudah holds that fish sauce and wine cure and, therefore, act as if cooking. Cf. Babli 42b. like vinegar. MISHNAH: One does not put a vessel under the light to catch the oil but when he put it there when it still was daylight it is permitted. One may not use it because it is not prepared15If edible oil was used as fuel, at the start of the Sabbath it was fuel, not food, and cannot be used as food on the Sabbath (Chapter 2, Note 23).. HALAKHAH: “One does not put a vessel under the light to catch the oil but when he put it there when it still was daylight it is permitted. One may not use it because it is not prepared15If edible oil was used as fuel, at the start of the Sabbath it was fuel, not food, and cannot be used as food on the Sabbath (Chapter 2, Note 23).,” etc. Rebbi Ḥaggai asked, if it burned out when it still was day but he realized it only after it was dark166Objectively the light was not burning at nightfall; from this point of view there would be no obstacle to move the lamp for some legitimate purpose on the Sabbath and to use the remainder of the oil even for food. But since in his mind it was off limits at sundown it might be forbidden to him and permitted to everybody else.? The colleagues asked: If it burned out on this Sabbath but he realized it only afterwards on the Sabbath?167If the answer to R. Ḥaggai’s question would be that it is permitted to him, what if it was burning into the Sabbath and he put a vessel there to catch any drippings from the lamp when it already was burned out. His intention was that the vessel should then be forbidden to be moved on the Sabbath but the objective reality was that nothing happened, and the vessel remains empty. The questions are not answered. Rebbi Joḥanan said, nothing in its natural form168Any food which may be eaten as is (therefore not food subject to heave and tithes which had not been taken) is automatically “prepared” in the sense of the Sabbath (Chapter 2, Note 23). is not prepared except one item. Rebbi Eleazar objected: Is not oil in the lamp in its natural state, nevertheless it is not prepared! It was put there from the start to be used up in the lamp169While olive or sesame oil can be used either as food or as fuel, once it was actually used as fuel it is no longer food. The same holds for seed grain which actually was used as seed.. Rebbi Simeon ben Laqish objected: Is not seed grain in its natural form, nevertheless it is not prepared! It was put there from the start to be used up in the ground. They objected: Are there not eggs used for chicks which are in their natural form, nevertheless they are not prepared! They were put there from the start to become chicks. Rebbi Jeremiah objected: Are there not Sukkah decorations which are in their natural form, nevertheless they are not prepared! There is a difference, as Rebbi Abba Mari, Rebbi Yose’s brother, said: For the seven days they become insignificant in the Sukkah. Afterwards they are prepared170Since it is generally accepted that decorations belong to a sukkah, the decorations even if edible become part of the building. Taking them on holiday or Sabbath would be equivalent to tearing down a part of the sukkah. But after the holiday they are simply fruits hanging on the wall which can be taken at any moment.. Rebbi Ḥinena objected: Is not lint which was scattered in its natural state, nevertheless it is not prepared! Here about vessels; what we said there about food171Lint fibers were used as insulating material to keep food warm for the Sabbath noon lunch. If it was dispersed, it cannot be used for another purpose on this Sabbath. But non-food items never were included in R. Joḥanan’s statement.. Rebbi Nasa objected, are there not figs put out to ferment172The technical term for anything which cannot be moved on the Sabbath is מוּקְצֶה. The root קיץ means “to cut into pieces,” mainly figs for the preparation of fig cakes. The cut-up figs are spread on the roof to ferment in their juice. During the fermentation process they are inedible as such a paradigm for things not ready for use. The question is about fig cakes whose fermentation process was terminated and which are dried and ready as food, but they are out of sight on the roof as muqṣeh and not intended to be food on this Sabbath., which dried but he did not touch, in their natural form, nevertheless they are not prepared! 173As S. Liebermann has pointed out, the text (even though confirmed by G) needs some re-arranging. The quote of the Mishnah clearly is out of place here and belongs to the following paragraph. The answer written down for the question of R. Nasa refers to the question of R. Ḥiyya bar Ada; the answer given to the latter’s question belongs here; the one exception that R. Joḥanan makes to his rule refers to muqṣeh figs on the roof. Here about vessels; what we said there about food. MISHNAH: One moves a new light but not a used one; Rebbi Simeon says one may move any light except one which was burning on the Sabbath. HALAKHAH: (Mishnah: “One moves a new light but not a used one;” etc.) Rebbi Ḥiyya bar Ada objected: Did we not state174Mishnah Šabbat 18:2. The moment the basket becomes part of the chicken coop it cannot be moved on the Sabbath., “one turns a basket upside down in front of the chicks that they may climb up and down”? They said, this is the one of Rebbi Joḥanan173As S. Liebermann has pointed out, the text (even though confirmed by G) needs some re-arranging. The quote of the Mishnah clearly is out of place here and belongs to the following paragraph. The answer written down for the question of R. Nasa refers to the question of R. Ḥiyya bar Ada; the answer given to the latter’s question belongs here; the one exception that R. Joḥanan makes to his rule refers to muqṣeh figs on the roof.. As it was stated175Babli 44a, Tosephta 3:15 (ed. Liebermann).: “All lights may be moved except the light which was burning on the Sabbath, the words of Rebbi Meïr. Rebbi Jehudah says, it is permitted to move a new light but forbidden to move an old one176A light which never had been used may be moved on the Sabbath but one which had been used is disgusting; he considers everything disgusting as muqṣeh on the Sabbath.. Rebbi Simeon says, all lights may be moved except the light which was burning on the Sabbath; if it burned out it is permitted to move it177In contrast to R. Meïr he allows a light to be moved after it stopped burning..” Rebbi Jeremiah and Rebbi Abba, both in the name of Rebbi Joḥanan. One said, the words of Rebbi Meïr, anything which is specifically for something prohibited is prohibited178Any tool which ordinarily is used for work forbidden on the Sabbath may not be moved on that day. The opposite opinion holds that most tools may also be used for permitted activities; a builder’s hammer may also be used to split nuts. Only tools or vessels intentionally reserved for forbidden activities are forbidden. This opinion also states that very expensive tools are automatically reserved for their professional use.. But the other one said, anything which one specified for something prohibited is prohibited. We did not know who said what. Since Rebbi (Ḥanina) [Ḥanania]179The reading [of G] has to be preferred to the reading (of the text) since R. Ḥanina was a first generation Amora, R. Jeremiah a fourth generation one. said, Rebbi Jeremiah asked, is this (brick) [lamp]180The translation “brick” reads לבינה instead of ליבנה. As building material, bricks cannot be moved according to the first opinion; according to the second they might be used as stands for hot pots on a table. The translation of the text of G, לִכְנָה follows S. Liebermannn (both in Tarbiz 5, p. 99 and in Hayerushalmi Kiphshuto) who identified the word as Greek λύχνος “lamp”. R. Jeremiah asks why R. Meїr permits to move a lamp which was not lit for the Sabbath since it is a tool specifically built for a forbidden activity. not specifically for something forbidden? This implies that he was the one who said, anything which is specifically for something prohibited is prohibited. The one who said specific, so much more if he specified. But he who said if he specified, not if it is specific181In the first opinion, even a tool not specifically used for a forbidden activity becomes forbidden to be moved if it is selected for a forbidden activity; in the second opinion everything depends on use and nothing on general usage.. A Mishnah disagrees with him who said, anything which is specifically for something prohibited is prohibited, as we have stated there182Mishnah Kelim 18:2.: “Its undercarriage183Greek μηχανή, ἡ, “mechanical device”. The object is a שִׁדָּה which the Geonic Commentary to Kelim defines as “a kind of wooden box made to transport women” (cf. Arabic سُدّة “bench, seat”). The μηχανή is the contraption where the wheels are attached. If this is permanently fixed to the box it is an appendix to the box and follows its rules; if the box may be lifted it is a tool by itself.
Wooden tools or vessels are impervious to impurity if either they are flat, not enclosing any volume, or are so large that they cannot be lifted empty or full. The latter is determined as a volume of 40 seah (a Roman culeus) 20 amphoras or 512 liter. For the House of Shammai, the volume enclosed has to be 40 seah, but for the House of Hillel the volume of the entire vessel is measured. If the undercarriage can be disconnected it can become impure even if the passenger compartment cannot, its volume is not added to the volume of the compartment according to the House of Hillel, and if it is under one roof with a corpse it is not considered a separate entity but part of the “tent”.
, if it can be separated it is not connected to it, will not be measured with it, does not protect in a tent with a corpse; one may not drag it on the Sabbath if it contains coins184Since coins are tools of trade forbidden on the Sabbath they cannot be moved; if the undercarriage was the receptacle of coins at nightfall it cannot be moved either..” And it was stated for this, if there were coins on it but they fell off, it may be dragged185For the second opinion the undercarriage becomes forbidden only if it was consciously selected as container of the coins; but according to the first opinion it should stay forbidden even if the coins fall off.. Rav Sheshet said, this is Rebbi Sineon’s since Rebbi Simeon said, “if it burned out it is permitted to move it.186There is no contradiction to R. Meїr from a Mishnah which is R. Simon’s. Babli 44b” They said, why do we not explain it according to everybody, if he forgot187Since there was no conscious selection as vessel for the coins it does not fall under any of R. Meir’s categories. But everybody agrees that coins may not be moved; therefore a container with coins cannot be moved.. You cannot do this, as we have stated there182Mishnah Kelim 18:2.: “if it cannot be separated it is connected to it, will be measured with it, does protect in a tent with a corpse; one may drag it on the Sabbath even though it contains coins188If the undercarriage is a permanent part of the carriage, the coins become insignificant; the carriage is not the container of the coins. But for R. Meїr one must assume that he prohibits moving the entire carriage with the coins..” Can you say about this, it is according to everybody, if he forgot? A Mishnah disagrees with him who said, anything which is specifically for something prohibited is prohibited, as we have stated189Mishnah 21:2. If not specifically chosen for forbidden work, all vessels and tools may be moved on the Sabbath. But a stone is no vessel or tool. If the amphora or its contents are needed on the Sabbath, the amphora may be tilted, the stone itself may not be moved by action directed only at the stone.: “If there is a stone on top of an amphora he tilts it on its side and it falls down.” Rebbi Abba in the name of (Rebbi) [Rav]190The reading of [G] is correct. It is confirmed by Chapter 18 where a shortened version of this paragraph and a totally identical version of the next are reproduced (Note 51). Ḥiyya bar Ashi: Rav explained this about one who forgot191It is not a tool used for forbidden purposes and there was no selection. Babli 125b.. Also from the sequel, “if it was between amphoras he lifts it, tilts it on its side and it falls down.” This also Rav explained about one who forgot. A Mishnah disagrees with him who said, anything which is specifically for something prohibited is prohibited, as we have stated174Mishnah Šabbat 18:2. The moment the basket becomes part of the chicken coop it cannot be moved on the Sabbath.: “one turns a basket upside down in front of the chicks that they may climb up and down.” And it was stated about this, when they climbed on it by themselves it is forbidden to move it192Babli 43a. The question really is directed against the opinion that vessels or tools become muqṣeh only if specifically selected for forbidden purposes. Here the selection is not made by the farmer but by his chicks. A different approach in the Babli, 43a.. Rebbi Abun bar Ḥiyya said before Rebbi Zeˋira, explain it if it is disgusting193Following R. Jehudah, cf. Note 176.. He told him, did not Rebbi Hoshaia state, even a seah, even a three-qab194Half a seah, about 6.4 liter.. Can you say that seah and three-qab are disgusting? Rebbi195He is the first generation Babylonian Rav Jeremiah bar Abba, student and colleague of Rav. Jeremiah in the name of Rav: Practice follows Rebbi Meïr. Samuel said, practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Simeon196The attributions are different in the Babli 45b, 156b. R. Simeon recognizes almost no categories of muqṣeh.. They asked before Rebbi Joḥanan, you, what are you saying? He told them, I only have the Mishnah: “One may move any light except one which was burning on the Sabbath.197This is R. Simeon’s Mishnah but R. Joḥanan is read as endorsing R. Meїr.” Rebbi Simeon ben Laqish instructed in al-Tarabulus198Tripolis in Lebanon. In the Babli 45b the story is placed at Sidon., it is permitted to move a small light. Rebbi Ḥelbo and Rebbi Abbahu. Before Rebbi Ḥelbo they did not take away199Removing a burned-out light on the Sabbath, following R. Simeon., before Rebbi Abbahu they took away. Rebbi Yasa visited Rebbi Tanḥum bar Ḥiyya. He wanted to remove it before him. He told him, before us? Rebbi Yose the Galilean200The Amora, not the early Tanna. came before Yose ben Ḥanina; he wanted to take it away, he told him, who permitted you? It is found Rav and Rebbi Joḥanan, who forbid, are one. Rebbi Joshua ben Levi and Rebbi Simeon ben Laqish, who permit, are one. Rebbi Eleazar bar Ḥanina: It happened and they moved a metal lamp201Rashi’s definition in the Babli 44a. instead of a pottery light on the Sabbath. Where do we hold? If following Rebbi Meїr, even the metal lamp should be forbidden. If following Rebbi Simeon, even a pottery light should be permitted. But we are following Rebbi Jehudah since Rebbi Jehudah is the one who said, a pottery light is disgusting, a metal light is not disgusting202Since pottery absorbs oil, a used pottery lamp cannot be cleaned. But a metal lamp can be thoroughly cleaned and made shiny.. It was stated: If a light was lying on a table he takes away the table and the light falls down203Babli 120b.. Rebbi Joḥanan said, this one is close to be liable for a purification sacrifice; forwards for setting a fire, backwards for extinguishing204He is violating a biblical Sabbath commandment. If he tilts the table forward the oil will swamp the wick and the light will burn more brightly; if he tilts backward there will be less oil for the wick and it will burn less bright. The argument presupposes a text like the one quoted in the Babli: “If a light was lying on a table he shakes the table and the light falls down; if it was extinguished it was extinguished.” If the light is extinguished on the dirt floor (no danger of setting the house on fire) this is not his action but what happens during the tilting is his intended action.. Samuel bar Abba before Rebbi Yasa: when it was extinguished. He told him, may your mind be at rest205This is an abbreviated version of a talmudic saying, “may your mind be at rest for you put mine at rest.” He accepted the explanation (which would be impossible for the Babli’s version.) Naḥmanides (Novellae ad 120a) quoted by RAN (Commentary to Alfasi #454) prefers the Yerushalmi version to the Babli’s.. Where do we hold? If following Rebbi Meïr, even the table should be forbidden206Since the light was burning there at nightfall, the table is its necessary base and forbidden with the light.. If following Rebbi Simeon, even the light should be permitted207Since he permits the light to be moved after it burned out, so much more the table.. But here following Rebbi Jehudah, since Rebbi Jehudah says, a pottery light is disgusting, a table is not disgusting. It was stated: If he stipulated about it208To move the table after the light stopped burning. it shall be permitted. Where do we hold? If following Rebbi Meїr, even if he stipulated it should be forbidden. If following Rebbi Simeon, even if he did not stipulate it should be permitted. But here we hold following Rebbi Jehudah, since Rebbi Jehudah says, a pottery light is disgusting, a table is not disgusting. From where did you understand to say, we are holding with Rebbi Jehudah? As it was stated: If a light was lying behind a door one opens and closes on the Sabbath if only he not intend either to extinguish or to make it burn. Rav and Samuel explain it about one who forgot but cursed one who would do this209In the Babli, 120b, the rule is positively accepted by Rav Jehudah, the student of Rav and Samuel; the curse is attributed to Abbaye two generations later.; May the Eternal extirpate the man who does this, awake and answering210Mal. 2:12.. Who has “anything which is specifically for something prohibited is prohibited178Any tool which ordinarily is used for work forbidden on the Sabbath may not be moved on that day. The opposite opinion holds that most tools may also be used for permitted activities; a builder’s hammer may also be used to split nuts. Only tools or vessels intentionally reserved for forbidden activities are forbidden. This opinion also states that very expensive tools are automatically reserved for their professional use.”, not Rebbi Meïr? Therefore, the one who stated “if he stipulated about it it shall be permitted” was Rebbi Simeon. But a cup, or a bowl211Which have been filled with oil and used as lights., or a lantern212Which if empty could be used as a glass bowl. Babli 44a., even after they were extinguished it is forbidden to touch them. Rebbi Tabi in the name of Rav Ḥisda: Even Rebbi Simeon who there says it is permitted here he agrees that it is forbidden, for if you tell him that it is permitted he will extinguish them and use them. Rebbi Mana said, earlier we were of the opinion to say, where do they disagree213About the table under a burning light.? When it was extinguished, if the rats had dragged the wick away214There was no functioning light anymore, it was not an object specified for prohibited work., when it was compressed215If the neck of the lamp is so narrow that the wick is compressed by it then the lamp itself is the base for the light, the table is the base not for the light but the lamp, and is not forbidden to be moved.. But you may even say216תימא is Babylonian (Accadic) Aramaic, not Yerushalmi. if the rats had not dragged the wick away, when it was not compressed, if it contained oil217If the light went out when some edible oil was left, the light can be moved for the food.. There, we have stated218Mishnah 21:1.: “A man may carry his son with a stone in his hand, or a basket with a stone in it.219It is possible to carry muqṣeh items with other things which may be moved on the Sabbath.” The House of Rebbi stated, food and stone in it, we do not say anything220The previous statement has to be qualified. While a basket may be moved, a basket containing only a stone becomes a base for a forbidden object and cannot be moved. There must be items in the basket which legitimately may be moved., for Rebbi Romanos brought out a pan from Rebbi’s house full of coals on the Sabbath. Could you say that coals are pressed? But it must have oil left in it221In the case of a lamp discussed in the preceding paragraph, the first explanation would not cover R. Romanos’s action; it must be the second explanation which is operative.. Rebbi Abbahu said, I confirmed it, cuts of fragrances were on it222In this respect, fragrances are as good as food items.. Rebbi Abba bat Ḥiyya in the name of Rebbi Joḥanan, it is forbidden to move a tarkos223Cf. Chapter 1, Note 115. At this place, Kohut proposes to read תרנוס, Greek θρόνος “chair”. From the following it follows that one speaks of a chair to which one ascends in steps. {Also cf. Greek θρᾶνος, ὁ “bench, wooden beam” (E. G.).}. Rebbi Immi instructed: it is permitted. Rebbi Jeremiah saw them moving it at the great assembly and did not object to them224He did not want to decide between R. Joḥanan and R. Immi.. In the House of Rebbi Yannai they said, up to three it is a chair, more than this a ladder225Later it will be discussed where the difference between chair and ladder is relevant.. Rebbi Yose ben Rebbi Abun said, he who permits follows Rebbi Simeon, as it was stated: “A person may not drag a bed, or a chair, or a footstool, or a fauteuil75Latin subsellium., because he makes a groove, but Rebbi Simeon permits.” 76This paragraph also is in Besah 2:9 (61d line 22) (י). Rebbi Abba in the name of Rebbi Ḥuna, Rebbi Ḥaggai in the name of Rebbi Zeˋira, Rebbi Yose in the name of Rebbi Ila: The Sages admit to Rebbi Simeon that a chair whose legs are stuck in mud one is permitted to move on the Sabbath77Since the mud is soft, the groove will disappear by itself; it was not “made”.. Since you are saying, it is permitted to move it, similarly it is permitted to return it. Rebbi Yose said, we also have stated78Mishnah Kilaim 1:9 referring to turnips and radishes partially hidden.: “and they may be removed on the Sabbath.” Rebbi Yose ben Rebbi Abun said, it is Rebbi Simeon’s. Rebbi Yose ben Rebbi Abun said, a Mishnah says so, “one may not drag any vessel except a carriage because it presses79Mishnah Besah 2:10. The wheels of the carriage will press the dust down, not move it sideways as would be the case if one drags anything without wheels. The Sages opposing R. Simeon forbid moving the “unprepared” dust even if this was not the intention of the person acting. This Mishnah cannot follow R. Simeon; it contradicts the Mishnah in Kilaim..” Rebbi Ḥuna in the name of Rebbi: It227The difference between chair and ladder. A chair is a vessel, a ladder part of the house. was said relating to the Sabbath. Ḥizqiah in the name of the House of Rebbi Yannai, it was said relating to presumptions228A presumption of ownership by undisturbed possession during three years; cf. Bava Qamma 7:4 Note 49.. Rebbi Yose in the name of the House of Rebbi Yannai, it was said relating to impurity229A chair becomes impure if a person with gonorrhea or similar discharges exerts pressure (even indirect) on it, without dire ct contact. A ladder is just a tool.. Rebbi Aḥa bar Ḥinnena, Rebbi Yasa in the name of Rebbi Joḥanan230S. Liebermann notes that a sentence seems to be missing here since the following statement is that of R. Simeon ben Laqish, earlier opposed by R. Joḥanan (at least in the interpretation of the compilers of the Yerushalmi, cf. Note 198)., it is permitted to move a small light. Is it not a vessel? Is not everything in the house prepared? Rebbi Yose ben Rebbi Abun said, explain it that he took it with him as merchandise231Then it is to be used for an activity forbidden on the Sabbath and not prepared., or it arrived Friday evening at nightfall, and you cannot infer anything. MISHNAH: One may put a vessel under the light to catch the sparks but one may not put water in it since he would extinguish. HALAKHAH: Here you say, “one does not put a vessel under the light,” to catch sparks? “But one may not put water in it since he would extinguish.” And there you say, “one may put a vessel under the light”? Here he needs the oil but there he does not need the sparks232Why does the Mishnah first state “one does not put a vessel,” and then “one may put a vessel”? It is forbidden only if the result would be usable material.. 233This paragraph is copied in Chapter 16 since it refers to Mishnah 16:6.“But one may not put water in it since he would extinguish.” Rebbi Samuel in the name of Rebbi Zeˋira: This is Rebbi Yose’s. We were of the opinion to say, where disagree (Rebbi Meïr) [what Rebbi Yose says]234The correct version [in brackets] is from 16. In the Mishnah, R. Yose forbids in the case of a fire making a wall out of new pottery vessels filled with water since these will certainly burst and extinguish the fire. He forbids indirect causation of a biblically prohibited action whereas the rabbis permit it in cases of great need. Babli 47b. and the rabbis? When he made a barrier of vessels. But not if he made a barrier of water. Since Rebbi Samuel said in the name of Rebbi Zeˋira: This is Rebbi Yose’s, it implies that there is disagreement even if he made a barrier of water. MISHNAH: In what does one store away and in what may one not store away1To keep food warm for the Sabbath meal one prepares a big box which is padded with insulating material in which the hot pots will be embedded. In German this used to be called “Kochkiste.” The insulating material may not be anything which in a fermentation process will produce heat.? One does not store away in olive cake2Chapter 3, Note 3., nor in manure, nor in salt, nor in lime, nor in sand, whether moist or dry. Not in straw, nor in fibers, nor in grape pits, nor in grasses when they are moist3And produce heat in rotting. but one may store away in them when dry. One may store away in garments, and produce, and pigeon wings4Down., and flax residue, and in fine sawdust. Rebbi Jehudah forbids if it is fine and permits coarse. HALAKHAH: “In what does one store away and in what may one not store away1To keep food warm for the Sabbath meal one prepares a big box which is padded with insulating material in which the hot pots will be embedded. In German this used to be called “Kochkiste.” The insulating material may not be anything which in a fermentation process will produce heat.,” etc. Because these things are hot and produce heat; if he takes away and they cool in his hand he returns them and they add heat; therefore they forbade to store away in them following Rebbi Eleazar ben Azariah, for Rebbi Eleazar ben Azariah said, “a box he tilts on its side and takes out.” But according to the rabbis there? For they say, if it was a vat it is permitted9It is not clear what they permitted. It seems that they permitted any material if the vessel was large enough that even if it was stored away in a heat-producing medium it woyld not come to a boil.. And there10Chapter 2 Mishnah 6. we have stated “if there be doubt whether it is dark or not dark.” Because it was not dark; therefore if it is dark it is forbidden to store away in them. There, they are saying, because of the neglect of the house of study11There is a problem why there should be any restrictions for storing away hot food since it was established earlier (Chapter 1, Note 361) that food cooked rare is considered completely cooked and, if left on the stove, will not lead to violation of any biblical commandment. While the rules about continued use of a cooking stove fall under the general rabbinic principles of building a “fence around the law”, the rules about storing away seem to be “fences around fences” which are frowned upon. One has to seek other reasons for these rules. The Babylonian rabbis think one tries to force people to finish all household chores before sundown so all can come to the synagogue and hear the sermon; cf. Soṭah 1:4 Notes 185–191.; Rebbi Abba said, because of the suspicion12This is R. Abba’s general explanation for “fences around fences”, cf. Chapter 5 (7b line 53), Chapter 6 (8a line 65).. For if you tell him that he is permitted he will not finish it completely when it still is daylight. Because you tell him that he is forbidden he will finish it completely when it still is daylight. What is the difference between them? To hide away snow and cold water. In Rabbi Abba’s opinion it is permitted8There is no restriction on making cold water lukewarm., in the opinion of the rabbis there it is prohibited13Since it is an activity in the kitchen. In the Babli 51a it is a matter in dispute between Samuel and Rav.. They forbade hiding away because of the cooking stove; they forbade the cooking stove because of hiding away14In either case one may not use heat producing materials. This argument disputes the prior assertion that it is because of problems with returning the pot into insulating material which is muqṣeh.. They forbade a cooking stove which creates little heat because of a cooking stove which creates much heat. They forbade a completely cooked dish15For which the rules of stowing away are as strict as those for Ben Derosai’s food. because of an incompletely cooked dish. They forbade hot water because of a completely cooked dish. They turned around and permitted hot water. It was stated: One does not store away in hot ashes16Babli 34b.. Rebbi Zeˋira said, this implies that it is permitted to store away in cold ashes. As the following: Rebbi Yannai’s daughter was serving her father and brought him hot dishes. He asked her, how was this made? She told him, (with a spade and) [it was hidden in]17The translation in parenthesis, which does not make much sense, follows the ms. text במרא, במרה. The text in brackets follows the emendation of M. de Lonzano, Azulai, Qorban heEdah, and Liebermann: כמרא, כמרה. olive cake. He said to her, you should not do this, but (with a spade) [hide it]17The translation in parenthesis, which does not make much sense, follows the ms. text במרא, במרה. The text in brackets follows the emendation of M. de Lonzano, Azulai, Qorban heEdah, and Liebermann: כמרא, כמרה. in a box and put the box on the olive cake18Differently Babli 47b.. Rebbi Zeˋira said, Rebbi Ḥanina disagrees with this. Rebbi Aḥa preached in the name of Rebbi Ḥanina: Olive cake at the bottom and straw on both sides is forbidden, and Rebbi Yannai agrees19As long as the olive cake is inside the box it is forbidden according to everybody.. Abbin asked: It he mixed them, what20If permitted and prohibited materials were mixed.? Let us hear from the following: “One may store away in garments, and produce, and pigeon wings.” Rebbi Yose21This appears again later in the Chapter (Note 33) where the name is correctly given, R. Jehudah ben Pazi. ben Pazi in the name of Rebbi Yose bar Ḥanina: This means, if they are not much rotten. But if they are much rotten it is forbidden to store away in them22Since organic decay everywhere produces heat.. “Not in sand.” There, we have stated:23Mishnah 23:5, detailing what may be done for the corpse of a person who dies on the Sabbath. The statement implies that sand is a coolant; then why is is forbidden for stowing away? “One puts it on sand in order to wait.” This sand heats the hot and cools the cold24In the Babli, Bava Batra 19a, this is said of rocks.. Straw is like the holder of a deposit; what you give it it gives to you. It is forbidden to store away in anything which one has to distance from a wall25Mishnah Bava Batra 2:1. Any chemically active material cannot be stored close to a wall shared with another owner.. Rebbi Yose said, since we have stated that one may store away in straw, it follows that one need not distance it from a wall. Rebbi Ḥaggai objected: Was it not stated, one who rents o house from his neighbor may not use it as storage for produce? Why? Not because of the chaff? Rebbi Ḥanania said, because of the rats. Rebbi Phineas ben Rebbi Ḥanina said, if it were because of the rats then even a storage for anything. Rebbi Shammai objected, does one not distance rocks from the wall? Then rocks are forbidden to hide away in. Rebbi Yose said, it is not that rocks produce heat but they become rusty and destroy the bottom of the wall26Bava Batra 2:1, Note 12.. But was it not stated: One does not store away in stones. Explain it for silver ore. There are Tannaim who state, one does store in rocks, and there are Tannaim who state, one does not store. Rav Ḥisda said, he who says “one stores”, with gold or brass ore; he who says “one does not store”, with silver ore27Quoted Tosaphot Bava Batra 17a s.v.סלעים.. Not only if they are wet28All the materials which are permitted as insulating material if dry. but even if they were dry and became wet, as these fibers; are these not like dry which became wet29Babli 49a.? Rebbi Joḥanan bar Shila: This implies that one who hides a cauldron30The translation reads אִיירָה (Syriac אִירָא). (איידי “because of” is Babylonian Aramaic). must let it be missing a little lest he take it up and it spills and heats. There, we stated31Mishnah Kelim 9:5. The Mishnah states that while the cake itself is not food, any fluid which oozes from it is olive oil subject to all rules of impurity, but dry olive cake is no longer food and impervious to impurity. By analogy, it is permitted to use dry olive cake to store away hot food on the Sabbath.: “The same holds for new olive cake but old one is pure.” What is new and what is old? Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: New within 12 months, old after 12 months32Cf. Avodah zarah 2:5 Note 268, Babli Avodah zarah 34a.. “One may store away in garments, and produce, and pigeon wings4Down..” Rebbi Jehudah ben Pazi in the name of Rebbi Jeremiah bar Ḥanina33An otherwise unknown author. The reading is suspect; cf. Note 21 (R. Yose ben Ḥanina).: This means, if they are not much rotten. But if they are much rotten it is forbidden to store away in them22Since organic decay everywhere produces heat.. “And in flax residue, and in sawdust.” We have stated נְסוּרֶת. In the House of Rebbi they stated נְעוֹרֶת. This implies that both are the same34This is true for practical use but the roots are נסר “to saw” and נער “to shake off”. The Babli disagrees, 49a.. MISHNAH: One may store away in raw hides5Untanned fresh hides which in general are not used nevertheless qualify as implements for the rules of the Sabbath., which one may move, and in wool flakes6Unprocessed wool freshly shorn. This is considered raw material, not textile, for the rules of the Sabbath., which one may not move. What does one do? He shakes the cover and they fall off. Rebbi Eleazar ben Azariah says, a box he tilts on its side and takes out, lest he take it out and be unable to return it7If in taking out the pot the hollow where it fitted in was filled by the insulating material, there is a rabbinic prohibition of re-excavating the hollow since it would look as if he started hiding the pot only on the Sabbath. The Sages do not dispute this argument; they hold that an experienced housewife will see to it that the pot may be returned if necessary.. But the Sages say, he takes and returns. HALAKHAH: “One may store away in raw hides5Untanned fresh hides which in general are not used nevertheless qualify as implements for the rules of the Sabbath., which one may move.” Rebbi Jehudah ben Pazi in the name of Rebbi Jonathan: This you are saying if they are kept in the household. But if they are kept in storage35Greek ἀποθήκη, ἡ. this does not apply. “And in wool flakes6Unprocessed wool freshly shorn. This is considered raw material, not textile, for the rules of the Sabbath., which one may not move.” Rebbi Judah and Rebbi Joḥanan36It seems that one should read: R. Jehudah ben Pazi in the name of R. Jonathan.: This you are saying if they are kept in storage. But if they are kept in the household this does not apply37In all cases raw materials used in the household may be moved and used on the Sabbath; those held in separate storage rooms are muqṣeh. Cf. Babli 49a, 50a.. 38The origin of these paragraphs is Halakhah Beṣah 5:1 (י). Not only is the subject of muqṣeh the main topic of this Tractate but also the somewhat difficult Aramaic of the last sentence is copied correctly in Beṣah but defectively here. The second paragraph also is copied later in Chapter 13 (13). Rav Jeremiah in the name of Rav: One spreads a mat over rows of bricks on the Sabbath39Even though the bricks are there as building materials one may turn them into seats if needed since they are not moved. In the Babli’s theory, muqṣeh items may not be moved, but they may be touched. It does not seem that this is the Yerushalmi’s attitude, as expressed by Rav in the question of the hunters. Nevertheless here the bricks are not touched; people sit on the mat. Babli 43a, Beṣah 36a. In the reading of the Babli this is a Tannaitic statement and the bricks are not there for a future building project but are leftovers from a finished one.. Rebbi Simeon ben Rebbi [Yannai]40Added from the two parallel sources. said: I did not hear from my father; my sister told me in his name. For an egg which was laid on a holiday one props it up against a vessel so it should not roll off. But one does not cover it with a vessel41He holds that a vessel may be moved only for something that itself may be moved. Since the egg was not laid before the holiday it is not prepared and may not be moved.. But Samuel says, one may cover it with a vessel. Rebbi Mana said, only if the vessel not touch the body of the egg42Samuel holds that a vessel may be moved for any legitimate purpose. Babli 42b. R. Mana requires that the vessel be moved in a way which certainly avoids moving the egg.. Rebbi Hoshaia stated: One may spread a sheet over a swarm of bees43The real reason naturally is to catch the bees when they are swarming on a Sabbath or holiday. If it can be done in a way which also protects the bees it may be done; Babli 43a. in the summer because of the sun, in the rainy season because of the rain. Is this following Rav? Following Samuel? Here on top, there below44Since Rav permits to cover the bricks he also will permit to cover the bees. But since Samuel prohibits touching the egg he might forbid here since the cloth necessarily will touch bees. Samuel also will agree here since the swarm is hanging on the branch of a tree, not lying on the ground and supported by it as in the case of the egg.. Rebbi Bisna in the name of Rebbi Yose bar Ḥanina: It is forbidden to move the weaver’s beam weaving fine cloth45The translation is tentative. In Chapter 6 appears לסוטה as Aramaic translation of Hebrew רְדִיד, a fancy outer garment of women. The identification of פחי as “weaver’s beam” follows a suggestion of Kohut (Arukh completum s.v. 2 פחה), accepted by Liebermann, that this is Arabic حفّهَ.. The hunters were spreading [traps] and these were damaged by the sun. They came to ask Rav, may one move them?. He told them, [it is forbidden to touch them.]40Added from the two parallel sources. Intend to put them under your heads and it is permitted for you to move them46If the traps are actually used as a support for the head they may be moved even though at nightfall this intended use is only in the owner’s mind, answering a question remaining undecided in Chapter Three (Note 178 ff.).. Rebbi Zeˋira in the name of Rebbi Jeremiah47This must be either R. Zeˋira in the name of Rav Jeremiah or Rebbi Jeremiah in the name of Rebbi Zeˋira.: log48Greek κᾶλον, τό, “wooden”. heads about which he had thought the day before may be moved. Rebbi Jonah and Rebbi Yose went up to the seder49The house of study. The only feasts held at such a place were religious celebrations. R. Jonah and R. Yose must still have been minor members of the rabbinate. (J. N. Epstein in Tarbiz 6, 1934, p. 236). of Bar Ulla. There was a festive meal there and there were heads of logs there. They came and asked him, may one move them? He told them, if you had intention about them from yesterday it is permitted to move them50If the logs obstructed the enlargement of the area reserved for the attendees at the conference, they could be removed on the Sabbath, when there were many more listeners, if this was the intention from Friday., otherwise you are not permitted to move them. Rebbi Ḥalaphta ben Shaul stated: Fibers51These are raw materials for manufacturing (even if they are used only to fill pillows). To permit moving them on the Sabbath one has to have the intention to use them for a purpose other than manufacturing. about which he thought the day before he is permitted to move. Rebbi Yose ben Shaul stated: A group of beams about which he thought the day before he is permitted to move. Rebbi Yose, Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose. Rebbi Jacob bar Aḥa, Rebbi Jacob bar Idi, Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose. My father was a worker in raw hides. He told us, make a knot of the heads of shearings52Even though these will be removed in the tanning process which will turn the hides into leather; if some activity was undertaken to indicate that in the meantime the hides will be used to sit on they may be moved on the Sabbath. and you will be permitted to move them tomorrow. Ḥizqiah said, even if one made a tie53It does not have to be a real knot, difficult to open; it may be a loose tie.. Rav said, palm branches which one cut to lie on them do not need to be tied, for tents they have to be tied54Obviously one cannot make a tent from palm branches on the Sabbath. If one cut down the branches for some use in building, e. g., to patch a roof, they become an implement which may be moved on the Sabbath only if they actually are turned into something on which one can sit without hurting oneself. In the Babli, 125b, the text is tannaitic and the question is about palm branches which were cut as fire wood and now one wants to use them as mats whether they need to be tied or not.. Rav Abba bar Ḥana said, both for lying down and for tents it needs tying. Rebbi Ḥizqiah said, the tying of Rav for tents is not the same as the tying of Rav Abba bar Ḥana for vessels. The tying of Rav for tents, only if he ties down all thorns. The tying of Rav Abba bar Ḥana for vessels, if only the appellation of “vessel” applies. If you would say, only if he ties down all thorns, there would be no greater production than this55Since this is a complete implement, there is no special leniency in permitting it to be moved. Since the rules of muqṣeh are rabbinical, one does not expect to have to follow very strict standards.. 56A parallel is in Eccl. rabba ad 1:15, with a different name tradition: R. Jacob bar Aḥa in the name of R. Joḥanan, R. Ḥanina bar Aqabia, R. Eleazar ben Yose. Still other names are given in the Babli, 83b. Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: A man never should refrain from going to the House of Study; since in Jabneh this question was asked many times, why is a Jordan skiff impure57A small boat made of clay. A clay container holding less than 40 seah may become impure, but a ship of any kind is impervious to impurity (Mishnah 9:2). Why should this particular kind of boat be subject to impurity?? Nobody answered anything until Rebbi Ḥanina ben Antigonos came and explained it in his city: Why is a Jordan skiff impure? Because one fills it with produce and transports it from dry land to the sea and from the sea to dry land58Since the skiff is so small that it can be put on a carriage and transported on land without being unloaded it follows the rules of land-based vessels.. In addition he explained that palm branches which one cut both for lying down and for tents need tying59This is tannaitic support for Rav Abba bar Ḥana.. They objected, are there not the infrequent ones60In Eccl. r., יורדי אשקלון “those who go down to Askalon.” The translation takes נָדִיר in the usual sense, “infrequent, rare event”. The meaning seems to be that this kind of skiff is not appropriate for the ocean and is only rarely seen at Askalon. of Askalon? Rebbi Isaac ben Eleazar said, there is a difference since part of them are in the sea and part of them on dry land61While vessels of this kind may be used either as containers on land or small boats on water, at Askalon they are either one or the other. Since there the clay boats are never used as containers on land, they are impervious to impurity.. The statement of Rebbi Abba bar Ḥana follows Rebbi Ḥanina, as Rebbi Ḥanina said62Babli 125b., we were ascending with Rebbi to the Hot Springs of Gadara when he said to us, choose yourselves smooth stones; then you are permitted to move them tomorrow. Rebbi Zeˋira said, only if he chiseled. The colleagues say, only if he polished. The Sepphoreans say, only if he intends. Rebbi Joḥanan said, only if it falls under the designation of implement. You might say that Rav Ḥana bar Abba63Read: Rav Abba bar Ḥana., and Rebbi Joḥanan, and Rebbi Jonathan64R. Jonathan is not mentioned in the preceding discussion but in the Babli, 83b, he is quoted in the place of R. Jacob bar Idi here. Therefore the opinion of R. Jonathan is the one attributed in the preceding paragraph to R. Ḥanina ben Antigonos. The other references are to the paragraph before the last. are one [opinion]. Rav, and Rebbi Zeˋira, and Rebbi Ismael ben Rebbi Yose are one [opinion]. The Sepphoreans, and Rebbi Yose ben Shaul, and Rebbi Ḥalaphta ben Shaul are one [opinion]. The collegues have no pairing65Greek ζυγόν, τό, also ζεῦγος, -εος, τό.. MISHNAH: If he did not cover it when it still was daylight he may not cover it when it is dark. If he covered it and it became uncovered, he is permitted to cover it. One may fill a pitcher8There is no restriction on making cold water lukewarm. and put it under the pillow or under the quilt. HALAKHAH: 66This paragraph, except the sentence of R. Abba in the name of Rav Jehudah, is from Chapter 3, Notes 55–59. If he took it when it still was daylight he may return it when it still is daylight. If he took it after dark he may return it after dark. If he took it when it still was daylight and the day became holy for him? Rebbi Abba in the name of Rav Jehudah: If the groove was unusable it is forbidden67If the place where the pot had been now is filled with the insulating material; cf. Note 7., but from stove to stove it is permitted, from what Rebbi Eliezer said in the name of Rebbi Joshua68These names are quite impossible; RR. Eliezer and Joshua were first generation Tannaim while R. Ḥiyya belongs to the generation of transition from Tannaim to Amoraim. The names as given in Chapter 3 have to be accepted.: I was serving the Great Rebbi Ḥiyya and I brought him hot water from the lower to the upper apartment and returned it to the stove. Rebbi Jeremiah ben Rebbi Simeon said, even from a stove with little heat to a stove with much heat. From a stove to storing away is forbidden. From storing away to a stove is forbidden. From storing away to storing away is problematic69The problem remains unresolved; it remains unresolved in the Babli, 38b.. If it was uncovered70The food stored away. when it still was daylight he may cover it when it still is daylight. If it was uncovered after dark he may cover if after dark. If it was uncovered when it still was daylight and the day became holy for him? It was stated71Babli 51a.: One does not store hot water away after dark but one may add over it garments and vessels. How much must be on them that it be permitted to cover them? Rebbi Zeriqan in the name of Rebbi Ḥanina: Even a handkerchief. Rebbi Zeˋira said, but only something of use. Rebbi Ḥinena said, everything is useful. Rebbi Mattaniah said, this is correct. If somebody would take a rag and put it on his head in the cold, would this not conquer the cold? Just as one may not store away hot water after nightfall, so one may not store away snow or cold water, but Rebbi permits70The food stored away.. Samuel bar Abba objected to this first one; did we not state: “A person may fill a water pitcher8There is no restriction on making cold water lukewarm. and put it under the pillow or under the quilt.” But following Rebbi since Rebbi permits. Here for the moment, there to leave it72The statement that after nightfall one may not store away cold water seems to directly contradict the last sentence in the Mishnah, cf. Notes 8,13. The Mishnah refers only to short term storage.. MISHNAH: With what may an animal go out and with what may it not go out1Since the Sabbath paragraph in the Ten Commandments prescribes rest for animals, one may not let one’s animals go into the public domain carrying anything which may be considered a load.? A camel may go out with a bridle, and a female camel with a nose ring, and a Lybian donkey with a bridle2Greek φορβειά, ἡ, “mouthband”., and a horse with a chain, and all that have a chain may go out with the chain and may be drawn with the chain which may be sprinkled upon and immersed in place3If the chain became impure the entire animal may be immersed in water and the chain with it; this is counted as immersion in a miqweh. If the impurity is that of a corpse, the water with the ashes of the Red Cow may be sprinkled on the chain while it is on the horse.. HALAKHAH: “With what may an animal go out and with what may it not go out,” etc. 17Babli 51b,52a. Tosephta 4:1 (ed. Liebermann).“Rebbi Ismael ben Rebbi Yose stated in his father’s name: Four kinds of animals are drawn by the bridle17aFarsi افسار.: the horse, and the mule, the camel, and the donkey.” Rebbi Ḥizqiah said, and its sign, so will be the plague of the horse, the mule, the camel, and the donkey17bZech. 14:15., Rav said, practice follows Rebbi Ismael ben Rebbi Yose18All these animals may be led out on the Sabbath by their bridle.. 19The origin of this text is in Kilaim 8:4, Notes 62–71. The text here is a copy even though it has a better transcription of the Greek since the last sentence refers tio Mishnah Kilaim 8:4 and makes no sense here. A very detailed study of the first six sentences here and in Kilaim was done by J. N. Epstein, מבוא לנוסח המשנה2, Jerusalem 1964, pp. 97–99, where all variant readings of the names here, in Kilaim, and Gen. rabba (ad 49:11) are collected and commented on. The vocalization of ליבדקס from the Kaufmann ms. of the Mishnah.“A Libyan donkey.” Some Tannaim state: “Not a lgdqs.20An unexplained word that was unknown even to the rabbis of the Yerushalmi. Libdyqos is adj. Λιβυστικός, -ή, -όν, “Libyan”.” He who says libdyqos because of “Libyans and Nubians in His train.21Dan. 11:43.” He who says lgdqs, ἀμβάτης22A poetic word, usually ἀναβάτης, -ου, ὁ, “stallion”. J. N. Epstein points out that because of the nasal pronunciation of m in Galilean speech, an m can easily be inserted or disappear, so that ἀμβάτης and ἀναβάτης are really one and the same.. What is ἀμβάτης? A donkey stallion. Rebbi Jonah said, Rav Hoshaia asked: Do proselytes from Libya have to wait three generations23Deut. 23:8–9 prescribes that an Egyptian proselyte and his direct offspring may not marry anyone born to Jewish parents. {The discussion is purely theoretical since one holds that the political upheavals already from the time of Sanherib did displace all peoples originally mentioned in the Pentateuch, Mishnah Yadayim 4:4; cf. Šulḥan ˋArukh Even Haʹezer 4:10.}? Rebbi Jonah (Ben Ṣeruya) [from Bostra]24The name is correct in Kilaim [in brackets], incorrect here (in parentheses). said, from what we see that they call a green Egyptian bean Libyan25A bean is لوبيا lubia in Arabic and Farsi; according to N. Brüll, the name is originally Coptic. but a dry one Egyptian, that means a proselyte from Libya has to wait three generations; it means that Libyan is identical with Egyptian. Rebbi Isaac bar Naḥman in the name of Rebbi Hoshaiah: Practice follows the student26This sentence refers to Mishnah Kilaim 8:4 and does not belong here.. The words of the Sages are that all kinds of mules are one27For the rules of Kilaim it does not matter whether father or mother are horse or donkey; they all may be mated together. Babli Ḥulin 79a.. Rebbi Samuel in the name of Rebbi Zeˋira: As one says in matters of prohibition “and so all other animals”, in matters of permission it is the same28Just as in Mishnah 3 the camel is only an example, so also in Mishnaiot 1 and 2 the species of animals are only examples. In any case anything necessary to guard the animals to prevent them from getting lost is not a load and not forbidden on the Sabbath.. “And the horse with a chain.” But did we not state, all human decorations are impure but decorations of animals are pure29If all decorations of animals are impervious to impurity, how could a chain around a horse’s neck ever need immersion?? Explain it if they are made to lead them30Read להנותן as להנחותן, as gutturals were no longer articulated in Galilean speech (S. Liebermann). The chain is an implement, not a decoration. But then it must have slack and might be drawn on the ground, making a groove.. But then does it not make a groove? But following Rebbi Simeon, as it was stated:31Chapter 3 Note 74 and the sources quoted there. “A person may not drag a bed, or a chair, or a footstool5Against attacks by predators., or a fauteuil, because he makes a groove, but Rebbi Simeon permits.” Rebbi Ḥinena said, like the following as it was stated32Tosephta Eruvin 8:12 (ed. Liebermann), Yom Ṭov 2:19 (as continuation of R. Simeon’s Tosephta); Eruvin Babli 101a, Yerushalmi Chapter 10, Note 119. The Tosephta need not necessarily be only R. Simeon’s teaching since the impression made by the fixed doors on the dirt floor is only a temporary effect.: “a hinged door, a hinged mat, hinged lattice gates33Greek κιγκλίς, -ίδος, ἡ, mostly in plural κιγκλίδες, “lattice gates”; Latin cancellus, -i, n. “lattice barrier, grating, grille”, cf. Avodah zarah Chapter 2 Note 219., one may open and lock on the Sabbath, and it is not necessary to say on a holiday.” It also was stated34Eruvin Chapter 10, Note 119, Tosephta 8:11 (ed. Liebermann).: “If a mat was tied to and hanging from a pillar, one may open and lock on the Sabbath, and it is not necessary to say on a holiday.” “Which may be sprinkled upon and immersed in place3If the chain became impure the entire animal may be immersed in water and the chain with it; this is counted as immersion in a miqweh. If the impurity is that of a corpse, the water with the ashes of the Red Cow may be sprinkled on the chain while it is on the horse..” There, we have stated35Mishnah 6:1, speaking of ribbons in women’s hair. Since purification requires immersion of one’s “entire body” in water (Lev. 15:16), an immersion is invalid if not the entire surface of the object or subject to be purified is wetted.: “She may not immerse herself wearing them unless she relaxes them.” And here he says so? Rebbi Mana said, here if they are loose, there if they are tight36If the chain is there to lead the horse it cannot be tight. The living horse cannot be impure; it also is not an obstacle to purification. Babli 52b.. MISHNAH: A donkey may go out with its saddle cloth4If the donkey is used as a beast of burden, it is covered with cloth before the load is put on. This cloth is protecting the donkey’s hide; it is not considered a load if it was tied down before the start of the Sabbath. if it is tied to it. Rams may go out protected on their bellies5Against attacks by predators.; female sheep may go out with their tail bound high, or bound low6The tail is bound on their backs to have males mounting them; the tails are bound between their feet to prevent males mounting them., or wrapped7Sheep producing high quality wool may be wrapped in a protective sheath., and goats tied8Female goats may be given brassieres either to protect their udders from the sharp rocks on which they are climbing or to prevent them from nursing their young.. Rebbi Yose prohibits all these except wrapped female sheep. Rebbi Jehudah says goats may go out tied to dry but not for milk9He admits protective brassieres since they are necessities of their bodies. He forbids the second reason given in the preceding Note.. HALAKHAH: Mishnah. “A donkey may go out with its saddle cloth,” etc. Samuel said, if it was tied to it from before the Sabbath. Ḥanin from Gophtia said before Samuel, Rav Ḥiyya bar Ashi does not act like this. He told him, Rav uses kleisterin, as it was stated: rams go out with kleisterin37It is not clear what this means. One possibility is κλεῖστρον, τό = κλεῖθρον “bar, boom, fence”. Rosh who quotes the paragraph in extenso (Chapter 5 No. 2) reads טרסקל which is a feeding basket bound to the animal’s head. Such a feeding basket is appropriate for cattle used for agricultural work; it is inappropriate for rams. Also since rams are not dangerous, except maybe for competing rams, there seems to be no reason why rams should be muzzled. The only explanation for a lock for rams would be a contraption which would prevent the ram to mount ewes except under control of the owner. This is accepted in Mishnah 2.. Rebbi Aḥa bar Papa objected before Rebbi Zeˋira: But was it not stated38Babli 113a.: a rope tied to a cow may be tied to the feeding trough, the feeding trough may be tied to a cow. One understands a cow’s may be tied to the feeding trough. May from the feeding trough be tied to a cow? Would he not use the animal’s sides on the Sabbath39Since it is biblically forbidden to ride animals on the Sabbath it is rabbinically forbidden to lean on animals. In harnessing an animal it is difficult to avoid leaning on it.? Rebbi Abba said, explain it for knots which are not permanent40This is difficult to understand. Since making a permanent knot is a biblical violation of the Sabbath (Mishnah 7:2) it is clear that all tying of ropes on the Sabbath must be loops that are easily undone.. Rebbi Yose said, is there a difference for sides of an animal whether the knot is permanent or not permanent? Rebbi Shammai said, explain it following Rebbi Simeon ben Eleazar, as it was stated, Rebbi Simeon ben Eleazar said, it is permitted to use the sides of an animal on the Sabbath41As anonymous opinion Babli 154b.. There is no difference between sides of an animal and sides of a tree42Since biblically it is forbidden to cut a branch from a tree, rabbinically it is forbidden to climb it on the Sabbath.. Rebbi Mana said, I confirmed it if he connects rope to rope43If the cow is lead to or from the feeding trough, it is not touched at all but a rope attached to the trough is tied or untied to the rope around the cow’s neck.. “Rams may go out protected on their bellies5Against attacks by predators.;” one puts bursinin44According to Salomon Adani, a kind of animal. Others see here “tanned leather” from βυρσεύω “tanning”. Greek βυρσίνη, ἡ “leather thong” (E. G.). leather near its heart which is shielding against wild animals. “Female sheep may go out with their tail bound high,” some Tannaim state שְׁחוּזוֹת but some Tannaim state שׁוּזוֹת. He who says שׁוּזוֹת in finery, as you are saying dressed as prostitute with hidden thoughts45Prov. 7:10. שׁוּזוֹת is a form of שְׁחוּזוֹת, cf. Note 30.. He who says שְׁחוּזוֹת as you are saying, “one does not sharpen the knife.” Wrapped7Sheep producing high quality wool may be wrapped in a protective sheath., because of fine wool. Bound low6The tail is bound on their backs to have males mounting them; the tails are bound between their feet to prevent males mounting them., that no ram may mount her. Rebbi Abun in the name of Rebbi Ḥiyya: He called it tied-down land461K. 9:13. Babli 54a., land which produces no fruit. “Rebbi Jehudah says goats may go out tied to dry but not for milk9He admits protective brassieres since they are necessities of their bodies. He forbids the second reason given in the preceding Note..” It was stated: Rebbi Jehudah ben Bathyra says, whether to dry or for milk is forbidden. Rebbi Jehudah ben Bathyra says it correctly; but what is the rabbi’s reasoning? Rebbi Yose ben Rebbi Abba in the name of Rav Jehudah; Rebbi Joḥanan bends it in the name of Rav: Practice follows him who said, whether to dry or for milk is forbidden, for who dissolves47Since there are no outer signs why the ewe was tied, everybody could say it was not for milk. In the Babli 54a this decision is attributed to Rav Jehudah in the name of Samuel.? MISHNAH: With what may [an animal] not go out? The camel may not go out with its pad, nor bound on one foot, nor bound on two feet, and so all other animals. One may not tie camels one to the other and draw, but he may take the ropes into his hand and draw on condition that he not wrap up10One may not tie camels to one another because it looks as if he would go on a trip; one person may collect the ropes of many camels together in one hand and lead them out; he may not twist the ropes together to act as one rope.. HALAKHAH: Mishnah: “With what may [an animal] not go out? The camel may not go out with its pad.” Like the curved padding with which one equalizes a hump back48It seems that human hunchbacks wore some padding to make the hump less visible.. עָקוּד at one front leg. רָגוּל at both hind legs49Babli 54a.. “One may not tie camels one to the other and draw.” Rebbi Abba said, because of the suspicion, that they should not say this man goes out to do his job on the Sabbath. Assi said, it was necessary for kilaim50This refers to the rule that in leading a group of camels or horses one should not twist the ropes together but keep them separate in his hand. This is to avoid problems if one rope was of linen and another of wool. Babli 54a. Rav Jehudah in the name of Samuel 51The text in parentheses is a duplicate of the following one and is out of place here; it should be disregarded.(said, from his hand it is forbidden but from the neck of the animal it is permitted, for if it is not for the animal) wound around the animal’s neck it is forbidden52In this opinion, the rope coiled around the animal’s neck is a load forbidden on the Sabbath., hanging from the animal’s neck it is permitted. Rav Huna and Rav Jehudah, both in the name of Samuel. One said, from his hand is forbidden but from the animal’s neck it is permitted. The other one inverts. He who says from his hand is forbidden, because of a load on the Sabbath53Since the animal may be led against its will the rope is a load.. But from the animal’s neck it is permitted, because for the animal it is not a load on the Sabbath. And he who says from his hand is permitted, because it is impossible54It may be necessary to lead the animal to water or to pasture for the animal’s benefit and this may be impossible without having control over the animals by the ropes., but from the animal’s neck it is forbidden52In this opinion, the rope coiled around the animal’s neck is a load forbidden on the Sabbath., because he is responsible for the rest of his animal as for his own, as it is said, that your ox and your donkey rest55Ex. 23:12.like you56Deut. 5:14.. It was stated: A hand-breadth from his hand to the animal’s neck is forbidden57Babli 54a. The animal must be led tightly.. Rebbi Zeˋira said, from his hand is forbidden and from his animal’s neck is forbidden! A hand-breadth from his hand to the animal’s neck is forbidden, what is it that is permitted? Rebbi Joḥanan ben Marius said, one who wants to do it right should lead it like a Saracen horse58It is not known what this means.. MISHNAH: A donkey may not go out with its saddle cloth if it is not bound to it, nor with a bell even if it is plugged, nor with a ladder on its neck11This is not a ladder to stand on but a contraption looking like a miniature ladder put on top of a wound dressing on the donkey’s skin with which the dressing is tied down., nor with a strip on its foot. Chicken may no go out with threads or strips on their feet12The strips are signs of ownership. They are for the benefit of the owner, not the chicken.. Rams may not go out with a carriage under their tails13If the tails get very long and heavy, some miniature carriage may be tied to them to protect the tail from injury. nor female sheep with yaḥnun14Some aromatic tree whose identity is not determined, which was used as medicine against intestinal worms., nor a calf with gimun15Various interpretations of this word are given in the Halakhah., nor a cow with hedgehog hide16Bound near the udder to prevent the calf from suckling., nor with a strip between her horns. Rebbi Eleazar ben Azariah’s cow went out with a strip between her horns against the will of the Sages. HALAKHAH: Mishnah: “A donkey may not go out with its saddle cloth,” etc. It was stated, “but it may walk around with it in the courtyard59Babli 53a; Tosephta 4:5 (ed. Liebermann)..” Rebbi Samuel in the name of Rebbi Zeˋira: The same applies to the saddle. It was stated:60Babli 53a; in dispute in Tosephta 4:2 (ed. Liebermann). The saddle must have been tied before the Sabbath. “a donkey may go out with its saddle to get warm but one may not tie the load belt and not lower the strap under its tail.” Rebbi Jeremiah asked before Rebbi Zeˋira: From where these things? As we have stated61Mishnah Ḥagigah 1:8. This belongs to R. Zeˋira’s answer; what is forbidden and what permitted is a matter of tradition.: “The practices of Sabbath … are like mountains hanging on a hair,” and you are saying so? He could have objected, what is the difference between a ladder and a package of straw62Babli 53a; Tosephta 4:5 (ed. Liebermann): “It may go out with a wound dressing and with bundles of straw tied around a broken bone.”? A ladder is substantial63And therefore is a load., a package of straw is not substantial. Rebbi Ḥanina said, he could have objected, what is the difference between a package of straw and an expert amulet? As we have stated64Tosephta 4:5 (ed. Liebermann). An expert amulet is one which already helped to heal three times. A human is permitted to wear such an amulet at all times on the Sabbath., “it is forbidden that an animal go out with an expert amulet.” Rebbi Eudaimon said, he could have objected, what is the difference between a package of straw and a wound dressing? There are Tannaim who state, they may not go out with a package of straw; there are Tannaim who state, they may go out. Rebbi Ḥiyya bar Ada said, this is a tannaitic65While the earlier reference was to professional Tannaim in amoraic academies, it is now asserted that this is really a dispute dating from tannaitic times even though this is not recorded in our other sources. The question of R. Eudaimon is rejected. While some authorities permit bundles of straw and others prohibit wound dressing, each one will be consistent in his rulings. difference. For him who said, they may go out with a package of straw; they may go out with a wound dressing. But for him who said, they may not go out with a package of straw; they may not go out with a wound dressing. “Rams may not go out with a carriage under their tails13If the tails get very long and heavy, some miniature carriage may be tied to them to protect the tail from injury..” Because it makes a groove. “Nor female sheep with yaḥnun14Some aromatic tree whose identity is not determined, which was used as medicine against intestinal worms..” Rav Jehudah says, a woolen cap. Rebbi Yasa in the name of Rebbi Ḥama bar Ḥanina: It is a root named yaḥnūnâ. Rebbi Zeˋira asked before Rebbi Yose66Read: Yasa.: Does this not imply that it is forbidden to let an animal go out with an expert amulet67Since the root is not ingested, it hangs there as a charm.? He told him, yes, Babylonian, you understood it. “Nor a calf with gimun15Various interpretations of this word are given in the Halakhah..” Rav Huna said, a small yoke. Rav Ḥisda said, a wooden tablet68Greek πίναξ, -ακος, ὁ. Both a tablet and a spit would be hung around the calf’s neck to wean it.. Abba bar Rav Huna said, a spit. Some Tannaim state gimun. Some Tannaim state gimul. He who said gimun, to bend his head like a reed69Is. 58:5.. He who said gimul, she brought him up with her after she had weaned him701S. 1:24.. He who said gimun supports Rav Ḥisda71The scribe originally wrote “Huna”; the corrector crossed it out. The original text is correct since the reed bends; bending is the result of a small yoke on the calf’s neck.. He who said gimul supports Abba bar Rav Huna and Rav Huna72Read: Ḥisda, who also derives the word from the root גמל “weaning”.. “Nor a cow with hedgehog hide16Bound near the udder to prevent the calf from suckling.,” because one puts hedgehog hide between her udder so she cannot nurse her young. “Rebbi Eleazar ben Azariah’s cow went out with a strip between her horns against the will of the Sages.” 73This paragraph and the next are also in Beṣah 2:8 (י). While the origin probably is in Šabbat, the copy here is rather careless. When there is a difference between the texts, the one from Beṣah [in brackets] has to be preferred over the text here (in parentheses). Rebbi Abba: Both (and Rebbi) [Rav and] Samuel are saying, the words of the Sages are that even pulling her with them is forbidden. Rebbi Abba in the name of Samuel: If its horns were drilling it is permitted74If the horns are dangerously sharp and the strips are not a decoration but a necessary precaution they do not have to be removed.. Rebbi Yose said, I pointed out the difficulty before Rebbi Abba and he said, we only stated: “the female camel with a nose ring.75Anything which is only for control of the animal must be of the kind mentioned in the Mishnah; the only other permitted loads are those to protect the lives of humans and animals. Babli 52a.” Rebbi Zeˋira in the name of Samuel: A badly behaved ox goes out with his bridle; our teachers in the Diaspora do this. Rebbi Illa, Rav Jehudah in the name of [Rebbi] Simeon ben [Rebbi] Ḥiyya: A dog goes out with his muzzle76Babli 51b.. If to (expect) [punish] him it is forbidden, if so he should not eat his bridle it is permitted. Ganiva said, he was continuing teaching as ruling. [Rebbi Jonah from Bostra asked, if he was continuing teaching as ruling,] is that what we were stating: “against the will of the Sages”77A theoretical disagreement is an everyday occurrence; as long as the teacher does not advocate acting against the received majority opinion he should be commended, not rebuked.? Rebbi Jehudah bar Pazi (Rav) [following Bar] Delaya78Bar Delaya was an early Tanna; the reading from Beṣah has to be accepted. stated, they told him, either remove yourself from between us or remove the strip from between its horns. Rebbi Yose ben Rebbi Abun said, he was shielding himself against them79He actively indicated that the majority opinion was wrong.. Rebbi Ḥananiah said, it went out once and his teeth became black from the fasts [and mortification]. Rebbi Idi from (his staff) [Ḥotra] said, it was his wife80This explains why “his cow” is mentioned in the singular when he was very rich and the owner of large herds.. And from where that his wife is called “calf”? “Had you not ploughed with my calf you would not have solved my riddle.81Jud. 14:18.” There82In Babylonia; Babli 54b., they are saying, it was his neighbor. Is anybody punished for his neighbor’s behavior? Rebbi Qiris from (Didyma) [Irma]83Irma possibly is Urmia in Armenia.: To teach you that if anybody has the possibility to protest and he does not protest, the damage is attached to him. MISHNAH: With what may a woman go out and with what may she not go out? A woman may go out neither with woolen or linen threads nor with ribbons on her head1A person may wear clothing but no load in public on the Sabbath. Rabbinically anything which a person is apt to remove from himself to show it to another is considered a load and forbidden. Ribbons in the hair are cheap, easily taken off, and exchanged, and therefore forbidden in contrast to additional human hair which is expensive, complicated to insert, and not exchanged which is permitted (Mishnah 5). and she may not immerse herself wearing them unless she relaxes them2If she needs immersion for any reason; Chapter 5 Note 35. This has nothing to do with the rules of the Sabbath.. To the public domain3These restrictions only apply to a public domain where carrying is biblically prohibited. They do not apply to carrying in a courtyard common to many dwellings even if this courtyard was not transformed into private domain by an eruv. not with a frontlet nor with a head-dress hanging down the cheeks as long as they are not sewn4A frontlet is a gold or silver band reaching from ear to ear. One presupposes here that one speaks of a married woman who will not appear in public without her hair being covered by a scarf or a bonnet. If the band is sewn to the bonnet it cannot be removed in public and therefore may be worn outside on the Sabbath (Mishnah 5)., nor an under-cap5A cap under her bonnet which can be removed without difficulty.. Also not with a city of gold6A circular diadem depicting a city wall., nor with a chain, nor with nose rings, nor with a ring without a seal, nor with a pin7All these are jewelry and as such part of women’s dress; there is a rabbinic injunction against wearing them since they are easily taken off and exchanged.. If she went out she is not liable for a purification offering8The prohibition is purely rabbinic; it cannot trigger biblical consequences.. HALAKHAH: “With what may a woman go out,” etc. Rav Naḥman bar Jacob said, because she loosens them because they separate for her period and she forgets and walks with them for four cubits39A woman may not go out on the Sabbath with ribbons in her hair because if it happens that she has to immerse herself after her period she cannot do this unless she loosen or remove the ribbons since the immersion is valid only if all of her body is in the water. Then she might carry them in her hand in the public domain for a distance of four cubits and commit a Sabbath violation by biblical standards.. Rebbi Mana said, earlier we were saying because she opens what is sewn40Before he heard the correct explanation by Rav Naḥman (in the Babli 57a “bar Isaac”) he thought the reason for the Sabbath prohibition and for the mention of immersion in the Mishnah was that the threads or ribbons were tied tightly on her head and she would have to untie a knot which might be a biblical prohibition. but we were not saying anything, as Rebbi Hoshaia stated, a basket of palm leaves for dates one may tear and open but only one may not tie41A basket of palm leaves in which hard dates are kept to ripen. Since the basket was tied or sewn closed with the intention that it should be opened once the dates are edible the knot cannot be intended to be permanent. Therefore opening the knot is not biblically prohibited. In analogy, removing the threads or ribbons from a woman’s head is not biblically prohibited; R. Mana’s first explanation is invalid. The baraita is quoted in the Babli 146a.. There, we have stated42Mishnah Miqwaot 9:1 (Babli 57a).: “The following separate on a human: threads of wool or of linen and the ribbons on the head of girls.” Samuel said, there is no hair here; in the opinion of Rebbi Jehudah, but only wool43This refers to a statement of the Mishnah which is not quoted: “R. Jehudah said, [threads] of wool or hair do not separate because the water penetrates them” and therefore all her body is touched by the water even if a woman wears such threads. The Mishnah implies that the anonymous majority disagrees. Samuel asserts that they disagree only about wool.. Therefore hair does not separate in the opinion of everybody. Rebbi Abba in the name of Rav Jehudah; Rebbi Zeˋira in the name of the rabbis: One hair separates, two are in doubt, three do not separate44If one hair is tied in a knot the water cannot penetrate the knot and the immersion is invalid. If two hairs are tied together the situation is unresolved. If three hairs are tied together in one knot, the knot cannot be tight and the water is able to enter.. Rebbi Zeˋira asked: If one tied one hair to another, is it one? One to two are they two? To three are they three45The answer obviously is “yes”.? Rav Jehudah said, One who goes to immerse herself after her period ties her hair as a pony tail46If the hair is loosely tied in a pony tail the water can cover all the hair and the hair does not cover shoulders or back.. To act on it46aRead לעובדה for לעוברה. and trust me. Cahana asked Rav, may one go out with twisted chains? He told them, does one say, it is forbidden for a man to go out with his belt47Babli 57a; there permission is given to wear hollow twisted chains.? Rav Huna instructed the wife of the Head of the Diaspora to put golden felt on the wig48The translation is tentative. With the quote in Arukh (לבד 3) one reads ליבדא “felt” instead of ליברה [which might be Latin libra “pound” (of 12 oz., 345 g)]. קפיליטה is read as Latin capillitium, -ii, n. “the hair” (collective).. Rebbi Joḥanan instructed these of the House of Con to put a patch with pearls49Latin margarita, -ae, f. “pearl”. on the jacket. Rebbi Ila said, anything connected to a garment is like the garment50And unquestionably may be worn in public on the Sabbath.. And we have stated, one may go out with bells on his garment but one may not go out with bells around his neck. There are Tannaim who state that in both cases they are subject to impurity, and there are Tannaim who state that in both cases they are not subject to impurity51Babli 58a, Tosephta 5:7 (ed. Liebermann). If the bells are an intrinsic part of the garment they may become impure as garments. If they are jewelry, they may become impure as such. If they are neither garment nor jewelry they may become impure only as implements; without clappers they are not implements.. He who said, in both cases they are subject to impurity, if he made clappers for them, but he who said, in both cases they are not subject to impurity, if he did not make clappers for them. Even if he did make clappers for them they should be pure! Did not Rebbi Abbahu, Simeon bar Abba say in the name of Rebbi Joḥanan: Bells on a crib. Two Amoraim. One said he can move it52The crib may be rocked on the Sabbath only if the bells do not jingle. This would show that bells may have clappers and nevertheless are not designed to make a sound, which would make them non-implements and therefore impervious to impurity. to and fro, only he should make no sound. But the other said, if he made a sound it is forbidden, otherwise it is permitted. There, although they are not made for sound on the Sabbath they are made for sound on weekdays; but here if they are not made for sound either on the Sabbath or weekdays, why did he make clappers for them53Bells with clappers worn as chains always are subject to impurity. In the Babli 58b they are declared always subject to impurity, even without clappers.? “Not with a frontlet.” Rebbi Abun bar Ḥiyya, a Coptic54According to H. L. Fleischer, قبطرية.
It has to be Egyptian production, not necessarily jewelry, but possibly fine linen as long as it is used as frontlet.
one; something which one puts at the place of a frontlet. “Not with a head-dress hanging down the cheeks,” colored ones tucked in55Not sewn to the bonnet.. “Nor an under-cap,” a cap56Accadic šukūnu “cap”.. It was stated: Rebbi Simeon ben Eleazar permits57Babli 57b.. Rebbi Aḥa in the name of Cahana: This of Rebbi Simeon ben Eleazar comes out like Rebbi’s. Just as Rebbi said hidden things are permitted58Later in Mishnah 5 where a woman may take out things in her mouth without restriction on the Sabbath. Babli 65a., so Rebbi Simeon ben Eleazar said, hidden things are permitted. Why is jewelry forbidden? Rebbi Abba said, because women are vain: she takes them off to show to her friend, forgets, and walks with them four cubits59In the public domain on the Sabbath.. 60This does not refer to the Sabbath but to a holiday; it is from Beṣah 1:12 (י). It is quoted here as introduction to the next paragraph. On a holiday one may carry in the public domain, therefore one also may send a gift to a friend. But the rules of muqṣeh still apply and the only implements that may be moved are those which may be used on the holiday. Rebbi Ḥalaphta ben Shaul stated: It is forbidden to send jewelry. Rebbi Mana61Following the text in Beṣah. said, they said only to send, therefore to wear it is permitted. It was stated: One may move the shofar62The ram’s horn. As a musical instrument it cannot be used on a holiday other than New Year’s Day. Since writing is forbidden on the holiday, a writing tablet cannot be used. The mirror will be discussed in the next paragraph. This Tosephta (13:16 ed. Liebermann) applies to the Sabbath as well as to holidays since one speaks of moving in a private domain (Babli 35b/36a). to let a child drink, the writing tablet, and the bell, and the mirror, to cover vessels. Rebbi Abun said, a Mishnah says that it is forbidden to wear it, as we have stated63Mishnah Beṣah 1:11.: “Anything which one may use on the holiday one may send.” If you say that it is permitted to wear it should be permitted to send. And what is that which was stated: One may move the shofar to let a child drink, [the writing tablet,]61Following the text in Beṣah. and the bell, and the mirror, to cover vessels? If they are called implements64They must have permitted use. For example, the shofar must have been use on a preceding weekday as bottle for a toddler; the other things mentioned must have been used as covers.. So far gold jewelry. Also even silver jewelry? They said in the name of Rebbi Jeremiah forbidden, [and] they said in the name of Rebbi Jeremiah permitted. Rebbi Ḥizqiah said, I know the beginning and the end. Small girls were growing up in Rebbi Jeremiah’s dwelling. He went and asked Rebbi Zeˋira, who told him: do not forbid and do not permit65Since in principle silver jewelry is forbidden to wear on a holiday as much as gold jewelry, he cannot permit. But since the girls would not listen to him if he would forbid, he should not prohibit. Since this is a rabbinic prohibition only, it is better that people should be ignorant of the prohibition than violate it knowingly.. One may not look into a mirror on the Sabbath. If it was fixed on a wall, Rebbi permits and the Sages prohibit. Rebbi Aḥa in the name of Rebbi Abba: The reason of him who forbids that occasionally she will see a white hair66Greek νῆμα, -ατος, τό, “thread, hair”. and tear it out which brings her to the obligation of a purification sacrifice67For violating the biblical commandment of Sabbath rest. Babli 149a; Tosaphot Avodah zarah 29a s.v. המסתפר.. But for a man it is forbidden also on weekdays because it is not honorable. 68This paragraph also is in Avodah zarah 2:2, Notes 143–144. Three things they permitted the House of Rebbi, that they might look into a mirror, that they got a haircut with a lock69Greek κόμη, ἡ., and that they taught their children Greek70Not simply the Greek language which every trader had to master but Greek education, literature, and philosophy, which are intrinsically pagan. Babli Soṭah 49b., because they were in need of Roman government connections. 71This paragraph also is in Peah 1:1 Notes 94–97, Soṭah 9:16 Note 260. Rebbi Abbahu in the name of Rebbi Joḥanan: A person may teach Greek to his daughter because it is an ornament for her. Simeon bar Abba heard that and said, because he wants to teach his daughters he attaches it to Rebbi Joḥanan. Rebbi Abbahu heard this and said, it should come over me if I did not hear this from Rebbi Joḥanan. It was stated: One may not go out with a head-band72Greek στέμμα, -ατος, τό “wreath, garland, chaplet”. A felt band around the head cover. If the band is removed the head still is covered. Therefore there is the possibility that the woman will remove it in the public domain. A head-band which when removed will expose hair may be worn on the Sabbath since a married woman will never remove it in the public domain. (According to Rashi, a woman who wears her hair tied in a knot over her neck which is not covered by her head-cover covers the knot by an איסטמא.). 73Babli 57b, Tosephta 4:7.“Three things were said about a head-band: It is not subject to kilaim74Felt is not woven; only woven textiles are subject to the prohibition of combining wool and linen., it cannot become impure by skin-disease75The impurity by skin disease is restricted to leather or woven materials (Lev. 13:57–58)., and one may not go out with it on the Sabbath. Rebbi Simeon ben Eleazar said, also it is not subject to brides’ crowns76Which are forbidden as a sign of mourning for the destruction of the Temple (Mishnah Soṭah 9:16..” “Nor with a city of gold6A circular diadem depicting a city wall..” Rav Jehudah said, for example a Jerusalem of gold77Babli 59a/b. The rabbis of Caesarea said, פרוש טוק טקלין78The Arukh reads פרוסטקלין, פרוסטוקטולִין, Or zaruaˋ 2, 84(4) reads פרוסטוק טקלין. S. Liebermann conjectures that the word is misspelled for כרוסוטפלין and reads χρυσοστέφανος “golden crown”. In the first part of the word one might recognize Latin frons,-dis, f. “green bough, foliage”, poetic “garland of leaves, leafy chaplet”, cf. Note 72 (E. G.).. 79The story also is in Sotah 9:16 (Notes 256–258), there Babli 49b, here 86a. In the Sotah text, Or zaruaˋ, and as alternative reading here, “she sold her braided hair”. It happened that Rebbi Aqiba made a city of gold for his wife. Rabban Gamliel’s wife saw her and became jealous. She came and mentioned it before her husband. He told her, if you had done for me what she did for him, for she sold the braids of her head, gave him, and he studied Torah. There, we have stated:80Mishnah Idiut 2:7. “Two in the name of Rebbi Eliezer. A woman may go out with a city of gold and participants in pigeon contests are disqualified for testimony.” It was stated, Rebbi Meïr declares liable. Between Rebbi Meïr and the rabbis it is understandable, Rebbi Meïr declares liable and the Sages declare not liable81But rabbinically prohibited.. Between Rebbi Eliezer and the rabbis it is understandable, Rebbi Eliezer permits and the Sages prohibit. Between Rebbi Meïr and Rebbi Eliezer it is difficult, Rebbi Meïr declares liable and Rebbi Eliezer permits82R. Eliezer permits what R. Meïr declares of biblical Sabbath violation. One would have expected a proof from the later R. Meïr, discussed at length in the Babli 59b, 138a.. Rebbi Iniani bar Sosai said in the name of Rebbi Eliezer83In the Babli 64b: R. Inani ben Sasson in the name of R. Ismael.: Everywhere they said she may not go out and when she did go out she is obligated for a purification sacrifice she is prohibited to go out with it to the courtyard. Everywhere they said she may not go out and when she went out she is not obligated for a purification sacrifice she is permitted to go out with it to the courtyard. Rebbi Abba bar Cohen in the name of Rav Sheshet, a Mishnah said so: “with an under-cap and another’s braid into the courtyard3,These restrictions only apply to a public domain where carrying is biblically prohibited. They do not apply to carrying in a courtyard common to many dwellings even if this courtyard was not transformed into private domain by an eruv.84The Babli explains that these items are rabbinically permitted only because a woman should be attractive to her husband. In the discussion here the courtyard is a multi-family place not made into common space by an eruv..” Rebbi Lia in the name of Rebbi Simeon bar Ḥiyya85In the Babli 64b a statement of Rav.: Even when they said she may not go out but if she went out she is not obligated for a purification sacrifice, she is prohibited to go out with it to the courtyard. Is a man permitted because he is not vain? Let us hear from the following: Rabban Gamliel ben Rebbi went walking in his courtyard on the Sabbath with a golden key in his hand86In cannot be really “in his hand” since clearly this would be carrying. The golden key must have hung on a chain around his neck. Even though it was golden it was a real key to open the door to his house.
According to most Medieval authors men and women today are not vain and do not take off their jewelry to show to others.
. His colleagues scolded him because of jewelry. This implies that if something is made as jewelry it is forbidden. This implies also if it has a dual purpose. This implies both man and woman. This implies that even when they said she may not go out but if she went out she is not obligated for a purification sacrifice, she is prohibited to go out with it to the courtyard. MISHNAH: A man may not go out with a nailed shoe9A work shoe., nor with a single one if he does not have a wound on his foot, nor with a phylactery10These are not worn on the Sabbath. nor with a amulet not written by an expert11The amulet cannot qualify as medical necessity., nor with armor, nor with a helmet, nor with soldier’s boots12These are not Sabbath dresses if the person is not on duty.. If he went out he is not liable for a purification offering8The prohibition is purely rabbinic; it cannot trigger biblical consequences.. HALAKHAH: 87Similarly Babli 60a. It seems that originally nailed shoes were military equipment only and seeing men wearing nailed shoes was equivalent with seeing enemy soldiers bent on killing or raping women, or, in the case of the stampede, people hiding in a cave acting on a false rumor of an enemy attack. It is unknown when historically this emergency situation has to be placed, whether in Seleucid or Roman times. Why did they decree about a nailed shoe? Some say, because they saw the tips and had miscarriages. But some say, they heard its sound and had miscarriages. And some say, they were stampeding and killing one another. What is the difference between them? 88The word is unexplained. The best conjecture is by H. L. Fleischer to read הרוסטא and explain it as Persian روستايى “rural”, in this case “rural boots”.הדוסטא. Accordig to him who said, because they saw the tips and had miscarriages, it is permitted. But according to him who said, they heard its sound and had miscarriages or they were stampeding and killing one another, it is forbidden. But did they not decree this in an emergency? When the emergency passed it should have been permitted. There never rose a court which undid it. Then even on a weekday! People do not usually have two pairs of shoes, one for weekdays and one for the Sabbath89Therefore prohibition on the Sabbath implies prohibition on weekdays. The Babli, referring to more affluent Babylonian society, explains that the accident which caused the original prohibition happened on a Sabbath.. It was stated90Babli 60b.: If one put a patch under it it is permitted. Rebbi Yudan bar Ismael’s feet were scratched and they did this for him. 91A somewhat shortened and rearranged copy of this text is in Sanhedrin 10:1 Notes 103–112. Babli Šabbat 60b. It is forbidden to wear nail-studded work-boots on the Sabbath. But it is permitted to wear shoes decorated with nails. There are different traditions about the number of nails which will constitute a decoration. How many nails should it have? Rebbi Joḥanan said five, corresponding to the five books of the Torah. Rebbi Ḥanina said seven, corresponding to your days are your steps92Deut. 33:24.. The rabbis are used to follow Rebbi Ḥanina. Rebbi Aḥa explained following Rebbi Ḥanina: nine. Rebbi put thirteen on one [shoe] and eleven on the other, for the number of watches. And like planted nails93Eccl. 12:11. This is a pun equating מַשְׂמְרוֹת “nails” and מִשְׁמָרוֹת “watches” following Galilean pronunciation which did not differentiate between שׁ and שׂ. The watches are the 24 clans of priests (1Chr. 24), each of which was serving in the Temple for one week. Rebbi would not put 12 nails on each shoe since even numbers are considered unlucky., since the watches are 24, so the nails 24. Rebbi Yose ben Ḥanina said, a crooked nail is not counted with the nails94In the Babli 60b, the equivalent of כילבית is כלבוס.. Rebbi Zeˋira asked Rebbi Abba bar Zavda: may one put all of them on one sandal? He told him, it is permitted. May one put all of them on one boot? He told him, it is permitted. One does not scrape95It is forbidden to scrape off dirt from one’s shoes on the Sabbath (except in an unprofessional way, with the blunt back of a knife); Babli 141b. old boots or sandals but one may oil them or dip them in water. Rebbi Crispus in the name of Rebbi Joḥanan: The students of the Elder Rebbi Ḥiyya say that those of first rank said, one may scrape, those of second rank said, one may not scrape. Rebbi was asked and said, one does not scrape. Rebbi Zeˋira said, here goes one of the students of the Elder Rebbi Ḥiyya96Rebbi certainly is of the authorities of first rank.. The rabbis of Caesarea in the name of Rebbi Yose ben Ḥanina follow him who said he scrapes but only with the back of a knife. Rebbi Ḥiyya bar Ashi said, we used to sit before Rebbi97This is a Babylonian story; with the Sanhedrin text one has to red “Rav”. and were oiling and rinsing, but not scraping. 98The remainder of this paragraph originally is from Ševiˋit 8:8, Notes 119–124. Olive oil produced in the Sabbatical year has to be used for the personal needs of man or animal; it is permitted to use it to daub one’s body but not to prepare leather or leather products. These rules are transferred here to the Sabbath. Babli 141b. Nobody should anoint his foot in a boot or his foot in a sandal but he may oil his foot and step into his boot or oil his foot and step into his sandal. One may oil himself and roll on a new tarpaulin without worry. One should not put it on a marble slab to roll himself in it, but Rabban Gamliel permits it. One does not wear new boots and sandals except if he wore and walked in them during daytime99On Friday.. How far should he walk? The sons of Bar Qappara’s daughter said, from the House of Study of Bar Qappara100In the village of Dabbara (Golan) where the lintel of Bar Qappara’s House of Study was excavated. to the House of Rebbi Hoshea’s teacher. The Sepphoreans say, from the Babylonian synagogue to Rebbi Ḥama bar Ḥanina’s house. The Tiberians say, from the Academy to Rebbi Hoshaia’s store. 101This paragraph and the next are also in Yebamot 12:2 (Notes 62–80, א).“A sandal whose holes, edges, or loops102Explanation of Arukh, Arabic שראך “loop, net”. are torn or one of whose soles fell off is pure. If one of its holes, edges, or loops is torn or most of its soles fell of it is impure. Rebbi Jehudah says, on the inside it is impure, on the outside it is pure.”103Tosephta Kelim Baba Batra 4:5; Babli Šabbat 112a.
Ritual impurity biblically is restricted to Jewish persons, food, vessels and tools, and a leprous house. If a vessel or tool was damaged beyond repair, it becomes ritually pure. As usual, impure means “a possible candidate for impurity” and pure “unable to become impure.” Rebbi Jehudah holds that people will repair even serious damage to their shoes if it can be done so as not to be noticed in public. The rabbis hold that even in such cases, people will not repair severely damaged shoes.
R. Jehudah holds that a person will repair sandals when the repair is not immediately visible from the outside. Therefore, if a strap or hole for the shoelaces is torn at the instep, towards the other foot, the shoe remains usable. The majority holds that one torn strap or a partially torn sole can always be repaired.
Rebbi Jacob bar Aḥa, Rebbi Tevele, Ḥanin bar Abba in the name of Rav: Practice follows Rebbi Jehuda as far as the Sabbath is concerned104The same statement in Babli, Šabbat 112b.. A case came before Rebbi Samuel bar Rav Isaac. He sent Rebbi Jacob bar Aḥa to ask Rebbi Ḥiyya bar Abba. He said to him, just as they disagree about the Sabbath so they disagree about impurity, and instructed him following the rabbis105R. Ḥiyya bar Abba, following his teacher R. Joḥanan (in a first version). The Babli holds that this tradition of R. Joḥanan is not trustworthy. It is possible that the Yerushalmi agrees since R. Joḥanan is not mentioned here, but only his students and later Amoraim.. Rebbi Samuel bar Rav Isaac asked himself: One heard saying, practice follows Rebbi Jehuda, and he instructed him following the rabbis? A case came before Rebbi Aḥa bar Isaac. He sent to ask Rebbi Zeˋira and Rebbi Zeˋira asked Rebbi Immi. The latter said to him: Following the words of him who declares impure, it is permitted to go out on it on the Sabbath. Following the words of him who declares pure, it is forbidden to go out on it on the Sabbath. He did not get anything out of him106He refused to decide betweenRav and the Galilean rabbis. Note that all persons mentioned here are Babylonians; those with the title “Rebbi” are immigrants to Galilee.. It was stated: But he may walk on it until he reaches the entrance of his courtyard107Even if a sandal is torn and no longer is a piece of clothing that may be moved on the Sabbath, one may walk on it until one reaches one’s courtyard where it can be left and picked up after the Sabbath. Babli 112a/b.. Rebbi Aḥa and Rebbi Zeˋira were walking on the highway108Latin strata (sc. via).. The sandal of Rebbi Aḥa was torn. When they came to the city gate109Greek πύλη., Rebbi Zeˋira told him, that is the entrance of your courtyard110As a rabbi, you must be more strict than people in general.. Rebbi Aḥa wound a fiber around. Rebbi Abbahu wound a bundle of Jew’s mallow111Reading with I. Löw מלכניקי, Arabic ملوحا corchorus olitorius, a kitchen vegetable, relative of jute. He derives the name from Greek μολόχη, ἡ “mallow”. In the Babli, Sabbath 112a, R. Abbahu told R. Jeremiah to use textile fiber to lightly bind around a torn sandal.. Rebbi Abbahu was of the opinion that a bundle of Jew’s mallow is ready to be used112As raw textile fiber, its use on the Sabbath would be forbidden. But as kitchen herb it is food and permitted to be used on the Sabbath.. Rebbi Jonah threw them away before the fried food [store]113The passage is difficult to understand; in the parallel in Yebamot the word [store] is added. Since the store is supposed to be closed on the Sabbath, it just indicates that R. Jonah took off his sandals far from his home when a shoelace broke on the Sabbath.
For the translation of חליטר cf. Ševiˋit Chapter 7, Note 84. It is not necessary to translate טלק “to throw away” (documented from the Targumim); most of the meanings of Arabic طلق will be acceptable, such as “to take off, let go, loosen.”
. That is little honor. The honor of Rebbi Eleazar obliged him to take it off114Immediately when a shoelace broke.. Rebbi Jeremiah asked before Rebbi Zeˋira: May one switch115May one switch left and right sandal on the Sabbath if an outside eye was broken to hide the defect from sight?? He said to him, it is permitted. Nevertheless, he told him: go and look for an Elder and rely on him. He went out and found Rebbi Abba bar Mamal, asked him, and he permitted. Rebbi Yose said, the Mishnah said that this is a kind of clothing116Mishnah Yebamot 12:2 proves that sandal switching is practiced also on weekdays; therefore, it is permitted on the Sabbath since the switched sandals are legitimate pieces of clothing. Ḥalîṣah is the ceremony which releases the widow of a childless man from the obligation to marry the levir.: “Or with a left [foot sandal] on the right [foot], the ḥaliṣah is valid.” That means, in (length). But in (width) it must cover most of the foot117This has nothing to do with the prior discussion; it shows what is meant in the Mishnah which states that sandals with torn soles are acceptable to be worn on the Sabbath. With the text in Yebamot one has to switch the places of “length” and “width”.. “Nor with a single one.” Rebbi Abba said, because of the suspicion. That they should not say Mr. X’s sandal was torn and and he put it under his arm pit118And carry it in the public domain.. “If he does not have a wound on his foot.” 119The entire argument, partially attributed to other authors, is reformulated in the Babli, 61a. Therefore if he has a wound on his foot he may wear one. On which foot does he wear it? Samuel said, he wears it on the one which has no wound. If you would say that he wears it on the one which has the wound, how does he tie it that he could not put it on the other120If the wound dressing is hidden in the shoe, nobody would see that the person wears only one shoe because of a wound.? Rebbi Joḥanan said, he wears it on the one which has the wound. Simeon bar Abba served Rebbi Joḥanan; he brought him his sandals as it was stated in Derekh Ereṣ121Chapter 10.: When he puts them on, he puts the right foot one on first and after this the left foot one, when he removes them he removes the left foot one and after this the right foot one. Rebbi Joḥanan said to him, Babylonian, you should not act in this way for the earlier generations did not do this. But when he puts them on, he puts the left foot one on first and after this the right foot one, that the right side one should not look deficient. This implies that he wears it on the one which has the wound122The argument presented by Simeon bar Abba. If one wears a right side shoe alone only if there is a wound, the wound must be on the right hand side. This proves R. Joḥanan’s statement.. He told him, yes, Babylonian, you got it. One may go out on Friday towards nightfall with phylacteries, but one may not go out on Friday towards nightfall with nailed shoes. What is the difference between them? These one usually takes off, those one does not usually take off123Neither phylacteries nor nailed shoes may be worn in the public domain on the Sabbath. As the Babli 12a explains, there is a duty to be aware of phylacteries when one wears them; therefore one will be aware of the duty to remove them. But nailed shoes may be worn without remembering that one is wearing them; there is nothing at nightfall to remind the wearer of his duty to remove them.. “What is an expert amulet? Any with which one healed, and repeated, and did it a third time.”124Babli 61a, Tosephta 4:9. Rebbi Abbahu in the name of Rebbi Joḥanan: A healer can be trusted when he says, with this expert amulet I healed, and repeated, and did it a third time. Rebbi Samuel in the name of Rebbi Zeˋira: If he healed one person he is trustworthy for one person, for two persons he is trustworthy for two persons, for three persons he is trustworthy for everybody. “One may go out with an expert amulet whether written or based on herbs, on condition that it be put neither in a chain nor in a ring.”125As Babli and Tosephta explain, since chain and ring are forbidden, people would not realize that one wears them for a legitimate purpose. They asked before Rebbi Jonathan, may it be put in a tube? He answered him, “on condition that it be put neither in a chain nor in a ring.” They asked before Rebbi Jonathan, may one go out with a necklace? He said, because of jewelry. If because of jewelry, Daniel should have prohibited, and a golden necklace around his neck126Dan. 5:7. Since Daniel accepted the golden chain he must have worn it also on the Sabbath.. If127Babylonian spelling; the Yerushalmi form would have been אין. because of a load on the Sabbath, we may say128Babylonian spelling; the Yerushalmi form would have been נימר. that anything connected to a garment is like a garment. Rebbi Yose ben Rebbi Abun in the name of Rebbi Yose: One may put a dressing on a healed wound since it is only protective. Rebbi Abun in the name of the rabbis there: One may put it on a wound on the Sabbath since it is only protective. Rebbi Tanḥuma said, except vine leaves which only are for healing129The paragraph is repeated in Eruvin Chapter 10, Note 137, ז.
Compounding medicines on the Sabbath is biblically forbidden (except in case of a life-threatening disease.) Other healing actions are rabbinically forbidden, but purely protective action is not.
. Rebbi Ḥuna said, madder is a good root, the more the better. If it has five knots or seven knots, the best has nine knots, only if it does not ooze fluid130The Babli 66b is more explicit. It refers the statement to Mishnah 9, that boys may go out with knots, plants knotted as necklaces. Three madder knots protect, 5 heal, and 7 protect against witchcraft.. One does not recite a verse over a wound on the Sabbath; the one which one recites about mandrakes131Mandrakes are mentioned in Gen.30:14–16,Cant. 7:14. is forbidden. Come and recite this verse for my son who is afraid, put on him a scroll132A Torah scroll. It is forbidden to use sancta as charms., put on him phylacteries, so he will go to sleep, is forbidden. But did we not state, they used to recite the Song of the Afflicted in Jerusalem? Rebbi Yudan said, one means after he was hurt, the other before he was hurt133Reciting verses as prophylactics is permitted. Babli 61a.. What is the Song of the Afflicted? Eternal, how many are my oppressors, and the entire Psalm134Psalm 3.. Sitting in the shelter of the Most High up to: Truly, You, Eternal, are my refuge, the Most High you put as your help133Reciting verses as prophylactics is permitted. Babli 61a.. MISHNAH: A woman may not go out with a needle that has an ear13A sewing needle is a tool not a piece of jewelry., nor with a signet ring14A signet ring is a business tool., nor with a snail-shaped headdress15The word in the Mishnah seems to be Latin coclear, cochlear, -aris, n. derivative of coclea, cochlea, -ae, f “snail, spiral”, cf. Greek κόχλος, ὁ “shell fish with spiral shell, land snail”. Since the term is not discussed in the Halakhah and the Mishnah is from a source other than the body of the Leiden ms., the evidence of parallel Mishnah and Babli mss. make it possible to read כּוֹלִיַאר Latin collare,-is, n. “necklace”., nor with a perfume bouquet16In the Halakhah the reading is כּוֹכֶלֶת “a plate of kohl” needed for eye shade., nor with a perfume17Latin foliatum(sc. unguentum), cf. Chapter 1, Note 225. flask; if she went out she is liable for a purification offering, the words of Rebbi Meїr. But the Sages declare her not liable for a perfume bouquet or a perfume flask18They hold that these items are intimately personal and will never be shown to or exchanged with other women.. HALAKHAH: 136This is repeated from Chapter 1, Notes 216–228. It was stated: “A tailor should not leave with a needle in his garment, nor a scribe with the pen behind his ear, nor a dyer with a sample behind his ear, nor a money-changer with a denar behind his ear. If any of these left they are not liable, the words of Rebbi Meïr. But the Sages say, a craftsman in the ways of his craft is liable, therefore everybody else may leave with one of these.” The argument of Rebbi Meïr seems inverted, as we have stated there: “If she left she is liable, the words of Rebbi Meïr,” and here he says so? Rebbi Mana said it without attribution, Rebbi Abun in the name of Rebbi Joḥanan: There women usually do it, but here only children leave with this. The argument of the rabbis seems inverted, as we have stated there: “But the Sages declare not liable with a plate of make-up or a flask of perfume.” Therefore with a needle without ear one is liable. Is that a craftsman who is liable in the way of his craft? Rebbi Abun said, explain it for a woman hairdresser. 137Here starts a new Genizah page (G, Ginzberg pp. 80–83). Rebbi Aḥa in the name of Rebbi Abba bar Rav Naḥman, it is Rebbi Neḥemiah’s, as we have stated there138Mishnah Kelim 13:6. A metal implement is subject to impurity, a stone one is not. According to the Mishnah, the quantity of material determines the status. If more than 50% of the ring is either metal or coral stone, it is considered as totally metal or stone.: “A metal ring with a coral seal is impure; a coral ring with a metal seal is pure.” It was stated about this139Tosephta Kelim Bava Meṣiaˋ 3:13, Babli 50b.: “Rebbi Neḥemiah switches. And so did Rebbi Neḥemiah say, for a ring after its seal140If the ring exists for its seal, the material of the part used to make the impression is determining; the remainder, even if much larger, is accessory and not determining the status for impurity. The same holds for a ladder which exists only for its steps., for a ladder after its steps, for a קוֹלָב141According to Rabbenu Ḥananel (Commentary to Šabbat 59b) Arabic قُلب “woman’s bracelet”. Too many words are derived from the root قلب to allow an exact determination; one finds قُليب “amulet”, قالب “form (for casting)”, قُلّابُ “axe”, and some others. {Cf. also Greek ἐγκόλαψις, -εως, f. “engraving” (E. G.).} after what fixes it, for a (lock) [yoke]142The word in brackets should be read here. It is indicated in G and found in the parallel texts, Babli, the Tosephta, and Sifra Beḥuqqotai Pereq 3(6). The strips, in the parallel texts סמלונין, also סמיונים, are either wooden or metal bars connecting the yoke to the harness (Rashi), or straps connecting the yoke to the plough (Rabbenu Ḥananel) or padding under the wood of the yoke to protect the cow’s neck (Ravad, Commentary to Sifra.) after its strips.” Rebbi Ila said, explain it according to everybody if she took it out in order to seal with it143Then the ring is a business tool, not a piece of jewelry, and not included in the general permission to wear clothing.. Rebbi Samuel in the name of Rebbi Zeˋira: if it was made for dual purpose, if she brought it out in order to seal one is liable144By biblical standards., if she brought it out as jewelry one is not liable even for the seal for also the seal becomes an accessory of jewelry. MISHNAH: A man may go out neither with a sword, nor with a bow, nor with a shield, nor with a bludgeon, nor with a spear, and if he went out he is liable for a purification offering. Rebbi Eliezer says, these are adornments for him, but the Sages say, they only are shameful for him, as it is said19Is.. 2:4., they will forge their swords into ploughs and their lances into vintner’s knives. A garter is pure and one may go out with in on the Sabbath20The garter is used to hold the stocking; it is an implement for the use of the stocking, not for the use by the human, and therefore not subject to impurity. It is a necessary accessory and may be worn everywhere on the Sabbath.. Ropes are impure and one may not go out with them on the Sabbath21Ropes or chains from ankle to ankle to make girls walk in small steps, disapproved of by Isaias. These are used by humans, therefore they are subject to impurity, and are no garments.. HALAKHAH: It is written145Ex. 13:18.: Armed did the Children of Israel leave the Land of Egypt. This teaches that they were armed with (fifteen) [five]146With G one has to read “five”, not 15 as in the Leiden text. This is a pun on the expression חֲמֻשִּׁים “armed” (or حمس “energetic”) read as خمس “five”. Cf. Mekhilta dR. Simeon ben Yoḥai, ed. Epstein-Melamed, p. 45. kinds of arms. And what is an אַלָּה? Since Rebbi Jacob bar Sosai, Rebbi Yose, stated147Tosephta Terumot 3:11, Maˋserot 1:6 Notes 132–135.: “When does he start to give heave from his threshing floor? When he removes the אַלָּה.” This means two-pronged fork148Greek δίκρανον, τό “pitchfork”.. What is Rebbi Eleazar’s reason? Gird your sword on your hip, o hero, your splendor and your glory149Ps. 45:4.. What is the rabbis’ reason? They will forge their swords into ploughs19Is.. 2:4., into ploughs150The names of the tools are translated into current usage., and their lances into vintner’s knives, into pruning knives150The names of the tools are translated into current usage.. Rebbi Ḥiyya in the name of Rebbi Joḥanan: בִּירית is any single one, כְּבָלִים any ones connected by a chain151Cf. Notes 20,21.. (Rebbi)152As the sequel shows one has to read “Rav”. G is lacunary at this place. Jehudah says, בִּירית is a step-chain, as Rav Jehudah said, we are offering a sacrifice to the Eternal, everybody what he found of gold items, אֶצְעָדָ֣ה וְצָמִ֔יד טַבַּעַ֭ת עָגִ֣יל וְכוּמָ֑ז, to atone for our persons before the Eterna1153Num. 31:50.. אֶצְעָדָ֣ה is an anklet154With G one has to read Greek ποδοψέλλιον τό “anklet”., צָמִ֔יד are bracelets, as you are saying, and the bracelets on her arms155Gen. 27:47.. טַבַּעַ֭ת rings. עָגִ֣יל earrings, as you are saying, earrings on your ears156Ez. 16:12.. וְכוּמָ֑ז some are saying this is the form of a womb, but some are saying the form of breasts157Babli 64a. טפוס is Greek τύπος, ὁ, “carved figure, image”.. It is written158Is. 3:18–24. This paragraph simply explains the difficult words in the text, without connection to the rules of the Sabbath., on that day the Eternal will remove the splendor of the anklets, bark shoes159Latin corticeus, a, um, “of bark, cork”., as you are saying, with their feet they skid160Is. 3:16.. The head bands, שלטוניה161The word is unexplained; Arukh reads שרטטיא. Cf. the late Greek σαταρίς, σαταρνίς, -ιδος, ἡ “woman’s headdress” (E. G.)., as you are saying “the head-band of the hair net.162Mishnah Negaim 11:11. The Mishnah explains that anything which may become impure by the impurity of a corpse may become impure by skin disease. As explained in Mishnah Kelim 28:10, the שְׁבִיס is a decoration of a hair net which covers the front from ear to ear.The half-moons, necklaces163With G read Greek μανιάκης, -ου, ὁ, “necklace” worn by Persians and Gauls. The word in the Leiden ms. is unexplained., as you are saying, he took the half-moons from the necks of their camels164Jud. 8:21.. The pendants, Solomonic jewelry165The translation is very tentative. The dictionaries propose to read Greek σταλαγμία “ear pendant” assuming the γ was elided.. Chains, chains166The Aramaic equivalent of the Hebrew word of the verse.. Veils, silken167For בלנידייא reading Latin lanicium, -ii, n., “wool, silk, cotton” (E. G.).. Head bands, diadems, as you are saying, your head bands on your heads168Ez. 24:23.. Foot chains, ποδοψέλλα154With G one has to read Greek ποδοψέλλιον τό “anklet”.. Tyings, bells. Belly wraps, Aquila translated אסטו מוכריאה169The word is unexplained. Cf. Greek στόμιον, τό, “opening, bridle, female ornament for the neck” (E. G.)., something which is put on the place of breathing. And incantations, precious stones170Arabic قديس “precious stone”. put on the larynx. Rings, rings166The Aramaic equivalent of the Hebrew word of the verse.. Nose rings, something put on the nose. Overcoats, περιζόματα171Greek “body wrap”.. Wrappings, tunics172Read קולבין for Greek κολόβιον “tunic”. and tunics173The same as before in Aramaic.. The shawls, large fine tissues174Greek σάβανον “fine tissue”.. Handbags, decorated belts175Greek ζωνάριον “belt”. and decorated pure silk tissues176Greek τό ὁλοσερικόν “pure silk tissue”.. As you are saying, he took from their hands and tied it in tissue177Ex. 32:4.. The head covers, head covers166The Aramaic equivalent of the Hebrew word of the verse.. The sheets, the sheets166The Aramaic equivalent of the Hebrew word of the verse.. The turbans, אוֹלָרַייָא178The meaning of this word is unknown. Cf. Latin velarium, -ii, n. “cover” or velamen, -nis, n., “veil, cover”., as you are saying, he said, putthe pure turban on his head179Zech. 3:5.. And the veils, fine cloth180Cf. Chapter 4, Note 45., as you are saying, they took away my veil, the watchmen on the walls181Cant. 5:7.. MISHNAH: A woman may go out with hair threads, whether her own or another woman’s or an animal’s1A person may wear clothing but no load in public on the Sabbath. Rabbinically anything which a person is apt to remove from himself to show it to another is considered a load and forbidden. Ribbons in the hair are cheap, easily taken off, and exchanged, and therefore forbidden in contrast to additional human hair which is expensive, complicated to insert, and not exchanged which is permitted (Mishnah 5)., with a frontlet with a head-dress hanging down the cheeks if they are sewn4A frontlet is a gold or silver band reaching from ear to ear. One presupposes here that one speaks of a married woman who will not appear in public without her hair being covered by a scarf or a bonnet. If the band is sewn to the bonnet it cannot be removed in public and therefore may be worn outside on the Sabbath (Mishnah 5).; with an under-cap and another’s braid into the courtyard3These restrictions only apply to a public domain where carrying is biblically prohibited. They do not apply to carrying in a courtyard common to many dwellings even if this courtyard was not transformed into private domain by an eruv. with cotton wool in her ear, or cotton wool in her shoes, or cotton wool which she prepared for her period22All these are personal items which will not be taken off in public.. With pepper or a grain of salt or any other thing she may put into her mouth23Medical necessities against mouth odor. on condition that she not start on the Sabbath24The treatment cannot start on the Sabbath., and if it fell out she may not return it. A replacement tooth and a gilt tooth Rebbi permits but the Sages prohibit25The Sages forbid anything which can easily be removed from the jaw.. HALAKHAH: Ḥanan bar Immi said before (Rebbi) [Rav]182From the sequel it is clear that one has to read “Rav” with G and not “Rebbi” with the Leiden ms. Jehudah [in the name of] Menashia bar (Menashe)183Delete with G. Jeremiah: But only that a young girl should not go out with an old woman’s nor an old woman with a young girl’s184This refers to Mishnah 5. Women may go out with bought braids in their hair but only if the color of the added hair reasonably well matches her own hair so she will not be embarrassed and tempted to remove the added hair in the public domain.. But did we not state: “Girls go out with threads”185Mishnah 6. Rav Jehudah explains that the threads are not necessarily in the hair.? Rebbi Abba in the name of Rav Jehudah, even wound around her neck. Rebbi Samuel in the name of Rebbi Zeˋira, there even if she cannot bring (her nose) [a thread similar]186With G one has to read the text in brackets. to her hair she may leave with it187Threads which clearly are not hair may be in any color; they are not intended to look like hair. But imitation hair must look like the real thing.. But here, a young girl should not go out with an old woman’s nor an old woman with a young girl’s. Rebbi Abbahu said, anything which sits in the hair is called “wig.188Which is permitted as part of dress.” The younger Rebbi Yannai189A fourth generation Galilean Amora to be distinguished from the major first generation authority R. Yannai whom practice has to follow. had cotton wool in his ear which fell out. He wanted to return it on the Sabbath. His companions rebuked him; was it because of jewelry190Since a plug of cotton wool obviously is no jewelry the question can only be whether the prohibition to return the plug is analogous to the prohibition of wearing jewelry which can easily be removed.? Was Rebbi Yannai of the opinion that oil is the healing agent191Since he had soaked the plug in oil on Friday and not added anything on the Sabbath there could be no prohibition of medical procedures involved here., whereas the Sages were of the opinion that the cotton wool was the healing agent? But did not (Rav) [Rebbi] Jehudah say in the name of Rav Zeˋira, a person with earache puts oil on his head and whispers on condition that he use neither hand nor vessel192In the parallel sources, Maˋaser Šeni 2:1 Note 38 and later Chapter 14 (on Mishnah 14:3) the name is Simeon bar Abba in the name of R. Ḥanina. If the names here are correct one has to read with G “R. Jehudah”, the late Galilean Amora, not “Rav Jehudah”, the early Babylonian one.
One describes a medical procedure where rubbing with oil is accompanied by whispered recitation of charms. This is approved only in emergency situations.
? Was Rebbi Yannai of the opinion that practice follows Rebbi Yose193Who says in Mishnah 17:8 that all covers of vessels unconditionally and covers of patches of soil if they have handles may be moved on the Sabbath. whereas his companions were of the opinion that practice does not follow Rebbi Yose? Buy did not Rebbi Abba bar Cahana, Rav Ḥiyya bar Ashi say in the name of Rav, practice follows Rebbi Yose? Was Rebbi Yannai of the opinion that they did not consider humans like soil194Then the question remains how R. Yose treats patches which cover parts of a human body. Are they like covers of vessels or covers of patches of soil? whereas his companions were of the opinion that they made humans like soil? But did not Rebbi Zeˋira say that Rav Ḥiyya bar Ashi made himself a handle for the cotton wool in his ear195The he could move it on the Sabbath according to all possible interpretations of R. Yose’s statement.? Could they hold that a human is treated like soil? Is this so? But it must be the following: Rebbi Yannai was of the opinion that he would not forget and carry it four cubits in the public domain196This essentially being the reason for the prohibition of easily removed jewelry; the first opinion is vindicated. and his companions were of the opinion that one would forget and carry it four cubits in the public domain. Rebbi Mana said, I heard the reason from Rebbi Samuel in the name of Rebbi Zeˋira but I do not remember what I heard. What about it197Why do the Sages prohibit to go out with a removable artificial tooth (Mishnah 5)?? Rebbi Yose said, it is understandable that with a golden tooth which was expensive she should not go out, for if she lost it she would put it back198In the meantime it would be in her hand, which might happen in the public domain.. But what can you say about a replacement tooth? Still she would be embarrassed to tell the carpenter, make me another one. If she lost it she would put it back. Rebbi Yasa and Rebbi Immi. One had a toothache and his colleague instructed him; the other one had an earache and his colleague instructed him. We do not know who said what. Since Rebbi Yasa asked Rebbi Jacob bar Aḥa’s doctor, how feels Rebbi Jacob bar Aḥa’s tooth, and since Rebbi Yasa never said an unnecessary word199Reading מלה בטלה “unnecessary word” for לא בטלה “not unnecessary”.
As S. Liebermann points out in the name of R. A. I. Kook, since R. Yasa asked the doctor (on a Sabbath) not how is R. Jacob bar Aḥa doing but how is R. Jacob bar Aḥa’s tooth doing and he never used a superfluous word, it follows that he permitted treating a toothache on the Sabbath.
, it was he who instructed about the tooth. Rebbi Yannai explains it about peppers or a grain of salt; his companions explain it about everything200They explain the Mishnah which prohibits returning to the mouth anything which one was chewing. The younger R. Yannai must read this strictly, only things from the mouth cannot be returned but an earplug perhaps. His companions must hold that nothing in nose, ear, and throat or other human cavities may be returned.. MISHNAH: One goes out with a tetradrachma on a arthritic foot26This is the definition of the Halakhah, Note 201.. Girls go out with threads and even chips in their ears27After they got their earlobes pierced before they get earrings.. Arab women go out veiled and Median women pinned28To make sure that the veil stays in place they tie weights, such as pebbles or walnuts, into both ends of the veil and wear them on their backs., and also everybody, but the Sages spoke about what is29The rules are generally valid but are formulated for Arab and Persian women who by local custom are completely covered up.. HALAKHAH: “One goes out with a tetradrachma on a ṣinnit;” ποδάγρα, gout. Rebbi Aḥa in the name of Rebbi Abba bar Mamal, even a metal plate201Any support for a foot with gout is acceptable. The Babli disagrees, 65a.. But did we not state202This should be deleted; the sentence should start with the quote of the Mishnah. The expression “but did we not state” is copied from earlier, Note 185, where it was appropriate., “girls go out with threads”? Rebbi Abba in the name of Rav Jehudah, even wound around her neck185Mishnah 6. Rav Jehudah explains that the threads are not necessarily in the hair.. Abba bar Abba203In the Babli he always is called “father of Samuel”. The name implies that he was a posthumous child. commanded to his son Samuel, do not accept this Mishnah, but “not with chips in their ears27,After they got their earlobes pierced before they get earrings.204Since wooden chips in the ears are not jewelry, they qualify as load, not as garment. In the Babli, 85a, it is reported that Samuel’s father did not let his daughters go out with threads in their hair..” So is the Mishnah205There is no “and”; Median women do not go out veiled.: “Arab women go out veiled; Median women pinned28To make sure that the veil stays in place they tie weights, such as pebbles or walnuts, into both ends of the veil and wear them on their backs..” MISHNAH: She ties down with a stone, or a walnut, or a coin on condition that she not start tying down on the Sabbath28To make sure that the veil stays in place they tie weights, such as pebbles or walnuts, into both ends of the veil and wear them on their backs.. HALAKHAH: It was stated: Rabban Simeon ben Gamliel says, they stated only coin and stone. Therefore with a nut it is permitted, because it may be moved206This refers to Mishnah 7, that Median women may use a stone or a coin to tie down their head cover only if they already used them for this purpose during the week, so that stone or coin become part of their garment and do not become forbidden to be moved at the start of the Sabbath. Even though a nut is mentioned with stone and coin in the Mishnah, one is permitted to use a new nut on the Sabbath since as food it may freely be moved. AsOr zaruaˋ §64[20] notes it seems that the Babli 65b makes a distinction in that a stone may be designated (but not yet used) as part of the garment and then used the first time on the Sabbath whereas a coin must have been used before the start of the Sabbath.. Rav Ada bar Ahava said, It results that Rabban Simeon ben Gamliel parallels Rebbi Meïr. Just as Rebbi Meïr said207It is not too clear which statement of Rebbi Meïr is referred to; possibly the authorship of Tosephta 4:13, that anything moveable on the Sabbath may be used to tie down a head cover, is attributed to him. In G, “Meïr” is missing but it cannot be said that the father, Rabban Simeon, decided parallel to the teaching of his son, Rebbi., what may be moved is permitted, so Rabban Simeon ben Gamliel said, what may be moved is permitted. MISHNAH: The amputee goes out with his prosthesis, the words of Rebbi Yose, but Rebbi Meїr prohibits30In the Babli and the independent Mishnah mss., the roles of rabbis Meïr and Yose are interchanged.. If it has an extensive reception area it is impure31It is supposed that the prosthesis be made of wood. Wooden implements are subject to impurity only if they enclose a volume. If the place where the amputee put the stump of his leg is hollowed out, the entire implement becomes subject to impurity.. His stilts are impure by stepping on32Impurities emanating from a human body transmit impurity by their weight even without contact; this is called “Impurity by stepping on”; cf. Avodah zarah Chapter 3, Note 179., one goes out with them on the Sabbath, and one may enter the Temple Court with them33Since it is a personal appurtenance it will not be exchanged and may be used on the Sabbath.
One may enter the Temple area only barefoot. While the prosthesis serves as a kind of shoe, it is not counted as such for the rules of the Temple.
. A wheelchair and its supports are impure by stepping on31It is supposed that the prosthesis be made of wood. Wooden implements are subject to impurity only if they enclose a volume. If the place where the amputee put the stump of his leg is hollowed out, the entire implement becomes subject to impurity., one may not go out with them on the Sabbath, and one may not enter the Temple Court with them34These are implements not custom-made for one person, inadmissible for the Sabbath and the Temple precinct.. Donkey figures35The Halakhah defines this as ὄνος κατʼ ὦμον “donkey on shoulder”. According to Rashi a mask; following Rabbenu Ḥananel a prosthesis for a lost arm. are pure but one may not go out with them. HALAKHAH: Samuel said, one goes out with them208The amputee’s crutches and prostheses as mentioned in Mishnah 8. because they are like a sandal, and one may enter the Temple Court with them33Since it is a personal appurtenance it will not be exchanged and may be used on the Sabbath.
One may enter the Temple area only barefoot. While the prosthesis serves as a kind of shoe, it is not counted as such for the rules of the Temple.
. Rebbi Yannai asked, one goes out with them because they are like sandals, and one may enter the Temple Court with them, because they are not sandals? Rebbi (asked) [Mana]209The correct reading [in brackets] is in G. said, instead of asking about Samuel he should have asked about the Mishnah, “its supports are impure by stepping on, one may go out with them on the Sabbath, and one may not enter the Temple Court with them.210Why does R. Yannai not point out that the first part of the Mishnah seems to be self-contradictory?” Rebbi Mana said, say does its last part not disagree with Samuel211If supports which are not fitted exactly for one person may not be used in the public domain on the Sabbath they cannot be considered the equivalent of sandals. The Mishnah is consistent as explained in the commentary to it but Samuel’s explanation is not.? “Its supports are impure by stepping on31It is supposed that the prosthesis be made of wood. Wooden implements are subject to impurity only if they enclose a volume. If the place where the amputee put the stump of his leg is hollowed out, the entire implement becomes subject to impurity., one may not go out with them on the Sabbath, and one may not enter the Temple Court with them34These are implements not custom-made for one person, inadmissible for the Sabbath and the Temple precinct.. Donkey figures are pure and one may go out with them.” What are pure donkey figures? Rebbi Abbahu said, ὄνος κατʹ ὦμον, arm’s donkey35,The Halakhah defines this as ὄνος κατʼ ὦμον “donkey on shoulder”. According to Rashi a mask; following Rabbenu Ḥananel a prosthesis for a lost arm.212Differently in the Babli 66b.. MISHNAH: Boys go out with knots36One ties branches of madder to their clothes as good luck charms. and princes with bells, and so may everybody, but the Sages spoke about what is.
One may go out with a locust’s egg and a fox’s tooth and a nail of a crucified person because of healing, the words of Rebbi Yose37In the Babli and the independent Mishnah mss. R. Meїr permits and the Sages forbid.. But Rebbi Meїr forbids on weekdays because of ways of the Emorite38These are instruments of magic and not rational medicine; forbidden as outgrowths of paganism.. HALAKHAH: “Boys go out with knots36One ties branches of madder to their clothes as good luck charms.,” knots of madder. “And princes with bells.” Rebbi Zeˋira said, with bells around their necks. What means “and so may everybody”? Whether children of the poor or children of the rich. Rebbi Ila said, with bells on his clothing. What means “and so may everybody”? Whether adult or child. A baraita213Similarly Tosephta 5:7; cf. Note 50. disagrees with Rebbi Zeˋira: A person may go out with bells on his clothing but he may not go out with bells around his neck. But here about adults and there about the young214Adults may wear bells and children bundles of madder. The Babli 67a permits only woven images of bells.. “One may go out with a locust’s egg”, to cure an earache; “and a fox’s tooth”, for sleep; “and a nail of a crucified person”, to cure a swelling. There are Tannaim who switch215In Mishnah 10 they exchange the names of RR. Yose and Meïr. The Mishnah in the majority of the Babli sources has R. Meïr instead of R. Yose and the Sages instead of R. Meïr, cf. Diqduqe Soferim Šabbat p. 73 Note ל. This is important for practice since R. Yose is the dominant authority.. Rebbi Ḥananiah in the name of Rebbi Joḥanan as our Mishnah216He confirms the attributions in our Mishnah text.. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan, anything which heals is not forbidden because of ways of the Emorite217Babli 67a, Ḥulin 77b.. 218Babli 67a/b. Tosephta 7:2,3,10. The identification of the formulas of incantation must be tentative; in no case is it clear in which language they are formulated. We follow the discussion of S. Lieberman in Tosefta ki-Fshuṭah Šabbat pp. 92,93,96.
There seems to be no good explanation of the term דרגי דרגיבת of the Leiden ms. But the remark of R. Jehudah suggests athat in the version of G דַגֶנת דַרגֶנֶת one should read דַגֶנת דַגֶנֶת “make grain, make grain” as a charm when sowing grain.
It is conjectured that the expression דונו דני is Greek and refers to the magical practice of binding somebody by spells (either that he cannot move, e. g. Sanhedrin 7:19 Notes 371–375, or becomes impotent, Notes 377–381) or one could read δέννω [τὸν] δεῖνα “I am binding X”.
“דרגי דרגיבת because of ways of the Emorite; Rebbi Jehudah says because of the idol Dagon, and Dagon’s head and his two hands2191S. 8:4.. דונו דני because of ways of the Emorite; Rebbi Jehudah says because of the idol Dan, they say, by the life of your god Dan220Am. 8:14.. No no221Following M. Herschler one should read with two Tosephta mss. לא לא. In a situation which could represent an unlucky omen one should not say no, no as to counteract. (The Babli, Pesaḥim111 a, recommends reciting an appropriate propitious verse.) In the quote from Job one has to read לָאֵל as לָא אֵל “no god”, cf. Nedarim 1:4 Note 157 where לָא = לַחוּלִין חוּלִין., because of ways of the Emorite; Rebbi Jehudah says because idolatry, they say no God, turn away from us, we have no desire to know Your ways222Job 22:14..” Rebbi Ḥiyya stated: If a bone was stuck in his throat he puts of the same kind on top of his head and this is not of ways of the Emorite233Addition of G which here becomes illegible.. Rebbi Eliezer ben Jacob stated: you shall neither divine nor use incantations224Lev. 19:26.. Even through there is no divining there are signs, but only after three portents225If something happened to a person three times he may assume that he is prone to this kind of accident, as Jacob feared for Benjamin’s life because he already had lost a wife and two sons.; for example when I came from Padan, Rachel died on me226Gen. 48:7.; Joseph is no more, Simeon is no more, and you want to take Benjamin227Gen. 42:36., etc Rebbi Eleazar said, one follows what one hears from a disembodied voice228Here it does not mean a Heavenly voice but one whose origin is unknown to the hearer. Babli Megillah 32a in the name of R. Joḥanan.. What is the reason? Your ears will hear something from behind you saying, this is the way you should follow229Is. 30:21. etc. Rebbi Eleazar went to relieve himself. There came a Roman official230Greek εὔθυνος, ὁ, “corrector, judge, publiv examiner”. and removed him (from behind him)231Not in G and superfluous. and sat down. He said, here nobody removed anybody ever but me. It is impossible that I should leave from here until I know what happened to him. There was a snake there which started coming out and gave him as long as he was there that his intestines descended. He recited about him, I shall give a man in your stead, etc.232Is.43:4., [I shall give an Edomite in your stead.]233Addition of G which here becomes illegible. One of bar Qappara’s students went out to cut wood chips. A fig cutter saw that a snake was running after him. He said to him [Rebbi, Rebbi,]232Is.43:4. a snake is running after you. It left him and ran after the latter. He recited about him, I shall give a man in your stead234Addition of G. The basis of the pun equating אָדָם and אֱדוֹם is the popular name “Edom” given to the Roman government.. Germania the slave of Rebbi Jehudah Nesia went out and wanted to accompany Rebbi Ila. There came a rabid dog which wanted to attack Rebbi Ila. The German shouted at him, he left him and pursued the other. He recited about him, I shall give a man in your stead. Bar Qappara went to this town; when he entered he injured his finger. He went and heard a child’s voice, reciting if he came alone he shall leave alone235Ex. 21:3.. He said, it seems that only this plastering is going to happen to me. And so it was. Rebbi Joḥanan and Rebbi Simeon ben Laqish desired to meet Samuel. They said, let us go after what is heard. They passed by a school and heard a child’s voice, and Samuel died235a1S. 28:3.. They noted it and so it had happened. Rebbi Jonah and Rebbi Yose went up236From low-situated Tiberias to mountain top Sepphoris. to visit Rebbi Aḥa who was weak. They said, let us go after what is heard. They heard a woman’s voice saying, the light is extinguished. She answered her, Israel’s light is not extinguished and will not be extinguished. Rebbi Joḥanan was passing by the market. He saw one of those who sell honey cake237Greek μελίτωμα, -ατος, τό.. He asked him, from this you make a living? He answered, yes. He left him and went away. After an hour he passed by him. He asked him, rabbi, pray for me since from that moment I did not sell anything. He told him, change your place. Sometimes a change of name works, sometimes a change of place works238Causes a change of luck.. Two students of Rebbi Ḥanina went out to chop wood. An astrologer239Greek ἀστρολόγος, ὁ. saw them, these two if they go out will not return. When they went out they met an old man who told them, acquire merit by me; for three days I did not eat anything. They had a loaf with them, cut off half of it and gave it to him. He ate and prayed for them; he said to them, may your life be preserved today as you did preserve my life today. They went out in peace and returned in peace. There were people there who had heard his240The astrologer’s. voice and told him, did you not say, these two if they go out will not return? He said, if it is so, this man is a liar and his astrology consists of lies. 241Here starts a new Genizah fragment edited by L. Ginzberg in גנזי שכטר Genizah Studies in Memory of Doctor Solomon Schechter vol. I, New York 1928, pp. 436 ff. (G). Nevertheless they went and investigated and found a viper half in this load and half in the other load242Of the wood chips carried by the students.. They asked, what good deed did you do today? They told him243The astrologer, who in the next sentence refers to himself as “this man”.. the facts. He said, what can this man do if the Jew’s God is propitiated by half a loaf! 244A copy of this story is in Orḥot Ḥayim3 p, 620 and from there in other Medieval sources, e. g. Responsa attributed to Naḥmanides #283. While this text is copied from a source close to the Leiden ms., it exhibits some signs of editing and cannot be considered a direct witness to the text. Rebbi Ḥuna told the following happening. A convert was an astrologer245Orḥot Ḥayim adds that he was a dealer in veils.. Once he wanted to go on a trip. He said, does one go now246The day was astrologically an unlucky time to start a business trip.? He changed his mind and said, did I not cling to this holy people to separate myself from these things? I shall go in the name of our Creator. He came close to the toll gate when his donkey kicked and (ate it) [threw him off]247The text in parentheses (from the Leiden ms.) is clearly a scribal error writing כ for פ in the text of G [in brackets]. Orḥot Ḥayim adds that the donkey ran off to the next town (where it was found by its owner) clearly without paying the tolls.. What caused him to fall? Because he thought of it248Of astrology.. Why was he saved? Because he trusted in his Creator. Rebbi Levi said, in the end it will come over anybody engaged in divination249His bad omens will hurt him.. What is the reason? For there is no divination in Jacob250Num. 23:22. Reading לא as לו.; for divination is his. Rebbi Aḥa bar Zeˋira said, the place251Imagining the Future World as a palace in which God resides; the Just will be His courtiers as the Angels are imagined to be. G reads: the place of anybody not divining will be inside that of Angels of Service; a higher status. Since this statement is attributed later to R. Berekhiah, at this place the reading of the Leiden ms. has to be preferred. of anybody not divining will be like that of the Angels of Service. What is the reason? At that time it will be said to Israel what God wrought. Rebbi Ḥanina the son of Rebbi Abbahu said, this evildoer lived halfway through the existence of the world252The time elapsed from the creation of Adam to Bileam is equal to the time to elapse between Bileam and the coming of the Messiah. The present author has noted in the Introduction to his edition of Seder Olam (Northvale NJ 1998) that the Yerushalmi does not know this Babylonian compilation. We do not know the details of Galilean biblical chronology. According to Seder Olam, Bileam’s speech is to be dated 2485 A. M.; this would predict the end of this world at 4970 A. M. or 1210 C. E. In Maimonides’s interpretation of this passage in his Epistle to Yemen the reference is not to the coming of the Messiah but to restoration of prophecy to Israel.. What is the reason? At that time it will be said to Israel what God wrought. Rebbi Jeremiah ben Eleazar said, in the future a disembodied voice will explode in the tents of the Just and say, everybody who worked with God should come and take his reward. Rebbi Berekhiah in the name of Rebbi Abba bar Cahana: In the future the Holy One, praise to Him, will make place for the Just inside the place of the Angels of Service; the Angels of Service will ask them and say to them, what did God do? What did the Holy One, praise to Him, teach you? Rebbi Levi bar Ḥayta said, did He not already do this in this world? That is what is written253Dan. 3:25., Nebuchadnezzar started and said, but I am seeing four free men walking in the fire and no blemish is on them. Why does the verse say, and no blemish is on them? This teaches that they were eunuchs but were healed. It is not written “and the looks of the first”, but and the looks of the fourth; they were suppressing the fire before him. Is similar to a son of gods. [Rebbi]254Added from G. Reuben said, at that moment an angel descended, hit that evildoer on his mouth, and told him, correct your words; does He have a son? He continued and said, 255Dan. 3:28.praised be the God of Shadrak, Meshak, and Abed-Nego; it does not say “Who sent His son” but Who sent His angel and rescued His servants who trusted in Him. MISHNAH: A comprehensive principle they said about the Sabbath. Anybody who is oblivious of the principle of the Sabbath1A Jew who never has heard of the laws of the Sabbath. The rule is formulated in terms of oblivion because all laws of purification sacrifices require an element of oblivion. and performed many works on many Sabbaths is obligated for one purification sacrifice only. But one who knows the principle of the Sabbath and performed many works on many Sabbaths2In error. is obligated for every single Sabbath; and one who knows that it is the Sabbath and performed many works on many Sabbaths is obligated for every single work. One who performs many works similar to one work3Actions which are classified under the same category of the official 39 prohibitions of the Sabbath. is obligated only for one purification sacrifice. HALAKHAH: “A comprehensive principle they said about the Sabbath,” etc. What means “comprehensive”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than the principle of the Sabbatical year, since the Sabbath falls on everything but the Sabbatical year12Sabbath prohibitions refer to all kinds of work everywhere; Sabbatical prohibitions refer only to agricultural work in the Land of Israel. falls on agricultural work in the Land only. There we have stated13Mishnah Ševiˋit 7:1.: “A comprehensive principle they said about the Sabbatical year.” What means “a comprehensive principle”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than tithes, for the Sabbatical year falls on human food and animal feed but tithes apply to human food only14Mishnah Maˋserot 1:1: “anything that is food, is guarded, and grows from the earth, is subject to tithes.” Babli 68a. G everywhere reads not מַכָנִיסוֹ “what one stores” but מִיכָּנָסוֹ “what he had stored” making the obligation of tithes dependent on the action of the individual.. Bar Qappara stated: a comprehensive principle they said about tithes15Our Mishnah Maˋserot 1:1 which is stated as “a principle” is “a comprehensive principle” for bar Qappara. Babli 68a.. What means “a comprehensive principle”? Rebbi Yose ben Rebbi Abun said, because it is more comprehensive than peah. for tithes apply both to food that is stored and to food which is not stored, but peah applies only to food used as stored staple16Mishnah Peah 1:4: “They established a principle for peah: Everything that is food, is treated as private property, grows from the earth, is harvested at one time, and is stored, is subject to peah.” Peah is the corner of the field which is reserved for the poor and may not be taken by the farmer.. Some want to say, what means “comprehensive”? From here that there are derivatives17There are categories and sub-categories as for the Sabbath. This is the preferred explanation of the Babli, 68a.. We have stated: “Anybody who is oblivious of the principle of the Sabbath.” They stated in the House of Rebbi: Anybody ignorant of the principles of the Sabbath18The only other place in which this formulation appears in our sources is Sifra Ḥovah (Wayyiqra II) Pereq 1(7).. Rebbi Eleazar follows our Mishnah. Rebbi Joḥanan follows what was stated in the House of Rebbi. But Rebbi Eliezer said, “anybody who is oblivious of the principle of the Sabbath.19In Mishnah Keritut 3:10 (quoted later in the Chapter, Note 48) he states that one who performs many works of the same category on many Sabbaths in one oblivion is liable for separate sacrifices for each occasion; opposed by R. Aqiba. This refers to the second case trated in Mishnah 1.” Therefore if he does not know anything of the principles of the Sabbath is he not liable? Since Rav stated our Mishnah and explained it: who is the one who does not know anything of the principles of the Sabbath? A child who was taken prisoner among the Gentiles20He never heard of a Sabbath prohibition.. This implies that both versions are the same21There is no material difference between the Mishnah text and the formulation of the House of Rebbi.. As Rebbi Joḥanan said, anybody ignorant of the principles of the Sabbath. Therefore (if he does not) [if he did]22The text in [brackets] from G is clearly the correct one, not the one in (parentheses) from the Leiden ms. know and forgot he is liable. Since what Rebbi Samuel, Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: This entire Halakhah follows Rebbi Eliezer, but following the rabbis he is liable only once23As will be stated in the next paragraph, all actions in one episode of oblivion trigger only one obligation of sacrifice.. This implies that both versions are the same. They asked before Rebbi Yasa’s son: What did you hear from your father about Rebbi Yose24R. Yose ben Ḥanina.? He said, following Rebbi Joḥanan. Rebbi Ḥizqiah told them, he did not say so. But Rebbi Simon bar Zavda was simply with Rebbi Yose’s son and heard from him following Rebbi Eliezer25The formulation in the Mishnah is not practice.. From where these things? He did one, and did these, and did of these. He did one, to obligate for each one separately; and did these, to obligate for all of them together26Lev. 4:2 reads: If a person should sin inadvertently against any of the prohibitions of the Eternal and did one of these. The complicated structure of this verse is analyzed in detail in Sifra Ḥova (Wayyiqra II) Parshata 1, Pereq 1. The analysis of the Yerushalmi is attributed in the Babli 103b to R. Yose ben Ḥanina, mentioned at the end of the preceding Paragraph. Echoes of the discussion in Sifra are in the Babli 70a.
The questions raised about the verse are twofold. If it had simply said and did one, we would have inferred that every single infraction needs a separate sacrifice. If it had said and did these, all infractions committed in one state of inadvertence would be covered by one sacrifice. The mention of one in parallel with these creates a seeming contradiction. In addition, in each case the prefix מ “of” in standard rabbinic interpretation is read as “not all”. Then what does it mean that a single prohibition is partially violated?
. Of these, to obligate for derivatives27The last question is easily answered for the Sabbath. Later in the Chapter the forbidden actions on the Sabbath are described by 39 categories. The particular actions labelling the categories are called אַב מְלָאכָה “primary actions”; any other action subsumed under the same category is a תּוֹלְדָה “derivative”. All actions subsumed under the same category are considered identical in some abstract sense even if they actually are very different; e. g. plucking feathers from a bird is forbidden as a derivative of shearing. Any one of the actions subsumed under one category triggers the liability for a sacrifice; it is not necessary that all actions carrying the same label be acted on. On the other hand, most actions trigger liability only if a certain minimum of work was done, as will be detailed in the following Chapters; an action which is too insignificant remains forbidden but does not trigger liability for a sacrifice.. Or should we say that the verse refers to idolatry? Rebbi Zakkai stated before Rebbi Joḥanan: if one sacrificed, and burned incense, and poured a libation in one forgetting he is liable for each one separately. Rebbi Joḥanan said, Babylonian! You crossed by hand three rivers and were broken28The expression is difficult to understand since one does not cross rivers (in this case Tigris, Euphrates, and Jordan) by hand but by boat. Since the expression is confirmed later in the Chapter and in Nazir 6:1, it cannot be emended. It seems that Rav (not Rebbi) Zakkai swam crossing the rivers on his way to Palestine.; he is liable only once29Sanhedrin Chapter 7:11 Note 256. Worshipping strange deities in the way prescribed for Jewish worship in all its forms is one and the same offense. But worshipping strange deities in their own characteristic ways is a separate offense for each deity.. Before it was broken in his hand there was one but no these; after it was broken in his hand there was these but no one30Since the question was raised whether Lev. 4:2 could be interpreted to refer only to idolatry the answer seems to be in the negative, since for R. Zakkai there are only single offenses (one) and no general category (these) whereas for R. Joḥanan the situation is the inverse, in contrast to the Sabbath when liability for a sacrifice can be triggered either by a single action (one) or by a multiplicity of different actions all falling under the same category (these).. But it could be idolatry worshipped by the rules of worship of Heaven as by prostration. In its own worship to obligate for each one separately. By the rules of worship of Heaven to obligate one for all of them31Since in the Second Commandment prostration is mentioned before worship of strange deities it clearly is a separate offense. Cf. Sanhedrin 7:11 Notes 252 ff.. Like prostration to obligate for partial action32It is punishable even if not executed in the full manner prescribed for the Temple, lying down flat with outstretched arms and legs.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac. It is written33Lev. 4:3., if the anointed priest should sin to damage the peoplehe has to bring a bull. This excludes idolatry for which he does not bring a bull but only a she-goat34Horaiot Mishnah 2:8.. They objected, are there not fat and sexual taboos for which the Anointed brings a bull? We come only to state things that have derivatives. Fat has no derivatives35Fat is forbidden if it is from an animal whose kind is acceptable as a sacrifice and which is of the kind exactly prescribed in Lev. to be burned on the altar. There are no extensions or derivatives.. For sexual taboos He made one who touched equal to one who had full intercourse36Forbidden sexual relations are exactly those described in Lev. 18. In addition in Lev. 20:18 the sex act is defined at touching of sexual organs; the only actions triggering the liability for a sacrifice are explicitly spelled out in the verses; there are no categories nor derivatives. Cf. Sanhedrin 7:5 (Notes 72–85).. The colleagues say, a Sabbath it is for the Eternal, to obligate for each single Sabbath37Lev. 23:3. Since the attempt to derive the rules of the Mishnah from Lev. 4:2 ran into difficulties, they propose a direct interpretation of verses referring to the Sabbath only.. Rebbi Ila said, it is written38Ex. 35:2. The Sabbath is mentioned in the singular.: Anybody doing work on it shall by put to death, not one who does on it and another. You are saying, the Sabbaths do not combine. Do they separate39That Sabbaths do not combine means that if somebody did less than a punishable amount of work on one Sabbath and again less than a punishable amount the next Sabbath they do not add up to the liability for a sacrifice even if the actions were committed in the same period of oblivion of the rules of the Sabbath. In this the rules of the Sabbath parallel the rules of forbidden fat. Eating forbidden fat triggers the liability for a sacrifice only if a minimum was eaten within the time of a meal (defined as time needed to eat half a loaf of bread, Horaiot 3:3 Note 66). Less than minimum amounts eaten at different times do not trigger liability. On the other hand, once liability was triggered within one period of oblivion, it automatically covers all other offenses of the same kind during the same period of oblivion. The question is now asked whether if an inadvertent desecration of the Sabbath triggered the obligation of a sacrifice and the perpetrator did not become aware of his offense before committing the same also on another Sabbath, he is liable for only one or for several sacrifices?? Rebbi Yose ben Rebbi Abun40Since the father is known in the Babli as Rabin, the reading of G, בין, seems better than the reading everywhere in the Leiden ms., בון. said, just as they do not combine they do not separate. An adult who was taken captive among Gentiles. Rav and Samuel, one said, he counts six and keeps the Sabbath, but the other said, he keeps the Sabbath and counts six41He is now living in a society which knows no weeks. From the moment in which he realizes that he has lost track of the days of the week in one opinion he presumes that this day be Sunday and keeps his week or he presumes that it is Sabbath and continues from there. Babli 69b, the dispute is between a student and the son of Rav.. Rebbi Isaac ben Eleazar in the name of Rav Naḥman bar Jacob: he counts six and keeps the Sabbath, five and keeps the Sabbath, four and keeps the Sabbath, three and keeps the Sabbath, two and keeps the Sabbath, one and keeps the Sabbath42Then he is presumed to keep some Sabbath correctly.. Rebbi Mana said, if he was abducted on Tuesday he makes the Sabbath (great was his power) [profane]43In this and the next sentence the Leiden text (in parentheses) is incomprehensible; the Genizah text [in brackets] makes approximate sense. Rebbi Mana sets out to prove that R. Naḥman’s scheme does not work.. At the second period he makes the Sabbath (if not to wonder) [only the eighth]44It is true that if he realizes his problem on Sunday then he correctly keeps the next Sabbath. If he realizes it on Monday, then he keeps the second Sabbath. But if it is Tuesday then it does not work. All the presumed Sabbaths of Rav Naḥman are on workdays. If we presume that Rav Naḥman’s scheme is periodic, that he pauses after 6,5,4,3,2,1,6,5,4,3,2,1,6,… days then his Sabbath will only be correct in the second period, in fact the seventh of his Sabbaths in the eighth try. In the following scheme the days of the week are numbered (Sabbath = 7) and Rav Naḥman’s Sabbaths are given in bold face:
3 4 5 6 7 ׀׀ 1 2 3 4 5 6 7 ׀׀
1 2 3 4 5 6 7 ׀׀ 1 2 3 4 5 6 7 ׀׀
1 2 3 4 5 6 7 ׀׀ 1 2 3 4 5 6 7׀׀
The correct observation of the Sabbath first occurs in the second circuit, the eighth try, as spelled out in the text.
. Therefore he should worry about all days, as by the following: If he preliminarily married a woman in Elam45Liebermann correctly conjectures that “in Elam” is an error for בָּעוֹלָם “in the world”. He appointed an agent to get him a wife; the agent performed the preliminary marriage to him but he knows neither her identity nor her location. He has to presume that any woman he meets is either his wife or a close relative of hers.. Rebbi Jacob bar Aḥa: Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan says, he worries about all women. Rebbi Simeon ben Laqish said, he does not worry about all women. There he has a fix, he may marry a convert, he may marry a freedwoman46Who was recently converted or freed.. Here what do you have? There, they are saying, he worries about all days and works for the necessities of life47Babli 69b. Or zaruaˋ Šabbat § 15.. There, we have stated48Mishnah Keritut 3:10.: “Rebbi Aqiba said, I asked Rebbi Eliezer: If somebody performs many works on many Sabbaths all of the same category in one period of oblivion, what49As the discussion of this Mishnah will point out, it is not stated whether the oblivion refers to the fact that it is the Sabbath, or that this kind of work is forbidden, or both. Therefore the answer cannot be given by quoting the second part of Mishnah 1 in this Chapter.? Is he liable once for all of them or for each single one separately? He told him, he is liable for each occurrence separately by an argument de minore ad majus. Since for the menstruating woman, which does not entail many ramifications nor many purification sacrifices,50There is only one prohibition and for one sex act one cannot become liable for more than one sacrifice. he is liable for each single occurrence51In Mishnah Keritut 3:7, a statement of Rabban Gamliel and R. Joshua. A person having 5 wives slept with each of them when she was impure in one period of oblivion is liable for 5 sacrifices., for the Sabbath which has many ramifications52There are categories and derivatives requiring one and the same sacrifice. and many purification sacrifices53There are different categories, each one requiring a separate sacrifice. it is only logical that he be liable for each single occurrence. I told him, no. If you mention the menstruating woman where there are two warnings, for he is warned about a menstruating woman and the menstruating woman is warned about him54The prohibition for the male is spelled out in Lev. 18:19. The prohibition for the female is implied by the fact that punishment for an infraction is equal for male and female, Lev. 20:18. There can be no punishment unless there is a prohibition., what can you say about the Sabbath where there is only one warning55Since the Sabbath is not a person, only the human is prohibited from violating the Sabbath.? He said to me, one who has intercourse with an underage girl shall prove it, where there is only one warning,56Since an underage person cannot be criminally liable, warnings do not apply to her. The intercourse prohibited with an underage girl is one which either is incestuous or adulterous. but he is liable for each single occurrence. I told him, no. If you mention the underage girl who even though there is no warning now there will be one in the future57An underage girl is a female; prohibitions apply to adult females., what can you say about the Sabbath where there is only one [warning] whether now or in the future. He told me, one having intercourse with an animal shall prove it. I said to him, the animal is like the Sabbath58It remains unresolved how many sacrifices are due from a man having intercourse with several animals while he is oblivious of the prohibition of bestiality.. Rebbi Zeˋira in the name of Rav Ḥisda, Rebbi Ila in the name of Rebbi Simeon ben Laqish. Both of them say, he asked him about intent regarding the Sabbath but error regarding the work59He knows that it is the Sabbath but he does not know that work is forbidden on the Sabbath. Since purification offerings only are possible for inadvertent sins, he becomes liable by doing the work if later he learns that the work was forbidden.. About this we have stated “many works”. He is not liable because of Sabbaths. Rebbi Abba in the name of Rav Ḥisda said, he asked him about error regarding the Sabbath but intent regarding the work60He knows all the laws of the Sabbath but forgot that the day was a Sabbath. If he does work he becomes liable once for each Sabbath spent in oblivion even if he does work of many categories.. About this we have stated “many Sabbaths”. He is not liable because of the works. Now Rebbi Zeˋira in the name of Rav Ḥisda, Rebbi Ila in the name of Rebbi Simeon ben Laqish. Both of them say, he asked him about intent regarding the Sabbath but error about the work. Did he concede to him or did he not concede to him61Did R. Aqiba convince R. Eliezer or vice versa?? Since what Rebbi Samuel, Rebbi Abbahu said in the name of Rebbi Yose ben Ḥanina: This entire Halakhah follows Rebbi Eliezer, but following the rabbis he is liable only once23As will be stated in the next paragraph, all actions in one episode of oblivion trigger only one obligation of sacrifice.. This implies that he62Since the rabbis follow R. Aqiba, R. Eliezer cannot have conceded. did not concede to him. (It was) [Now]63The text of G [in brackets] seems better than the Leiden text (in parentheses). Rebbi Abba in the name of Rav Ḥisda said, he asked him about error regarding the Sabbath but intent about the work. Did he concede to him or did he not (instruct) [concede to]64At all occurrences the scribe first wrote הורי and then corrected to הודי except on this one occasion. Therefore also here the text of G [in brackets] is the correct one. him? Rebbi Zeˋira said before Rebbi Yasa, a baraita implies that he did not concede to him, as it was stated65Sifra Ḥova (Wayyiqra II) Pereq 1(7)., “ ‘I know that it is the Sabbath, I know that this is work. But I do not know that this is work for which one becomes liable to extirpation66Purification sacrifices are possible only for inadvertent infractions punishable either by extirpation or by death..’ If he did work of several categories he is liable for every single work67Every single category of work which he did.. If he did work of one category only, he is liable for every episode of oblivion if there were many oblivions, but if all was one oblivion he is liable only once.” Since he did not quote this as an objection it implies that he did not concede to him68Since R. Aqiba did not point out to R. Eliezer that the Tanna of the baraita disagrees with him, he must have known that the latter disagrees. (In Sifra the entire theory is attributed to R. Yose of the school of R. Aqiba, two generations after R. Eliezer). G ends here.. Now Rebbi Zeˋira in the name of Rav Ḥisda, Rebbi Ila in the name of Rebbi Simeon ben Laqish, both of them say, he asked him about intent regarding the Sabbath but error regarding the work59He knows that it is the Sabbath but he does not know that work is forbidden on the Sabbath. Since purification offerings only are possible for inadvertent sins, he becomes liable by doing the work if later he learns that the work was forbidden.. Therefore, in the case of error regarding the Sabbath but intent about the work even Rebbi Eliezer should agree with Rebbi Aqiba that he is liable only once69Since a purification offering is possible only for error and the error was about one thing only, viz., that he did not realize that it was Sabbath, there should be only one liability.. But then Rebbi Aqiba should have objected, is there not the case of intent regarding the Sabbath but error about the work70Clearly here one has to read: error regarding the Sabbath and intent regarding work. This was the scribe’s text; the error is the corrector’s., where there are many ramifications or many purification sacrifices and you are instructing that he is liable only once! Since he did not object in this way it implies that one case is like the other case71In every case does R. Eliezer require a separate sacrifice for each infraction of the Sabbath. The difference between the two versions in the name of Rav Ḥisda is purely semantic; they agree in fact.. Now Rebbi Abba in the name of Rav Ḥisda said, he asked him about error regarding the Sabbath but intent regarding the work. Therefore about intent regarding the Sabbath but error regarding the work even Rebbi Aqiba will agree with Rebbi Eliezer that he is liable for every single one72Since the question was about works which all belong to the same category, R. Eliezer must hold that the knowledge of which day of the week it is separates one Sabbath from the next; if the person did not know that a certain kind of work is forbidden, each Sabbath creates a new and separate infraction and therefore liability.. Then Rebbi Eliezer should have objected to him, is there not error regarding the Sabbath but intent regarding the works73Read: Intent regarding the Sabbath and error regarding work; corrector’s error. where there are not many ramifications and many purification sacrifices and you are agreeing with me that he is liable for every single one. Since he did not object in this way it implies that one case is like the other case74One arrives at the same conclusion as before.. Now Rebbi Abba in the name of Rav Ḥisda said, he asked him about error regarding the Sabbath but intent regarding the work. Do you not catch him because of the error regarding the Sabbath75This is the same question as before, Note 69, as introduction to the opinion of R. Ḥizqiah in the name of R. Abba. Babli Keritut 16a.? Rebbi Ḥizqiah in the name of Rebbi Abba: He asked him two questions. About intent regarding the Sabbath but error regarding the work that he be liable for every single one. In case of error regarding the Sabbath but intent regarding works does one treat the derivatives like that main item76This introduces a new question. We agree that R. Eliezer holds that each Sabbath is a new entity whose desecration triggers liability. Does he agree that on one Sabbath all infractions of the same category cause only one liability or do actions which are different, even though classified in the same category, trigger different liabilities? Then more than 39 liabilities could be created on one Sabbath, against the Mishnah here and in Keritut.? Rebbi Jacob ben Dasai said, and in the House of Rebbi it was stated so: “If somebody performs many works on many Sabbaths all of the same category in one period of oblivion, what? Is he liable once for all of them or once for each single one?” Many works of the same category, this describes intent regarding the Sabbath but error regarding the work. Many Sabbaths all of the same category, this describes error regarding the Sabbath but intent regarding the work77This subsumes both opinions attributed to Rav Ḥisda.. Now Rebbi Zeˋira in the name of Rav Ḥisda, Rebbi Ila in the name of Rebbi Simeon ben Laqish, both of them say, he asked him about intent regarding the Sabbath but error regarding works. Can anybody become liable intentionally78Intentional sins can never be atoned by a sacrifice.? You superimpose the error regarding works over the intent regarding the Sabbath79Even though he knows that it is the Sabbath and he intentionally does the work, if he does not know that this particular action is forbidden, it is an unintentional sin and creates liability for a sacrifice.. Similarly, in case of error regarding the Sabbath but intent regarding the work you superimpose the error regarding the Sabbath over the intent regarding works to hold him liable for each single occurrence. Does Rebbi Eliezer not accept one, to obligate for each one separately26,Lev. 4:2 reads: If a person should sin inadvertently against any of the prohibitions of the Eternal and did one of these. The complicated structure of this verse is analyzed in detail in Sifra Ḥova (Wayyiqra II) Parshata 1, Pereq 1. The analysis of the Yerushalmi is attributed in the Babli 103b to R. Yose ben Ḥanina, mentioned at the end of the preceding Paragraph. Echoes of the discussion in Sifra are in the Babli 70a.
The questions raised about the verse are twofold. If it had simply said and did one, we would have inferred that every single infraction needs a separate sacrifice. If it had said and did these, all infractions committed in one state of inadvertence would be covered by one sacrifice. The mention of one in parallel with these creates a seeming contradiction. In addition, in each case the prefix מ “of” in standard rabbinic interpretation is read as “not all”. Then what does it mean that a single prohibition is partially violated?
80Probably the reference to these, etc., is missing since the quote of part of the baraita from Sifra is intended to refer to all its parts.? It was found stated in the name of Rebbi Eliezer: An adult who was abducted among Gentiles41He is now living in a society which knows no weeks. From the moment in which he realizes that he has lost track of the days of the week in one opinion he presumes that this day be Sunday and keeps his week or he presumes that it is Sabbath and continues from there. Babli 69b, the dispute is between a student and the son of Rav. is liable for each single one81For each single Sabbath.. What is the difference between intentional regarding the Sabbath and in error about works or in error regarding the Sabbath and intentional about works82This now refers to Mishnah 1 in this Chapter, as R. Yose explains. In the Babli 70a the same explanation is given in the name of Rav Naḥman.? Rebbi Yose said, why intentional regarding the Sabbath and in error about works makes him liable for each single one? For if you tell him that this is [forbidden] work, he stops doing it and does other works. Why in error regarding the Sabbath and intentional about works makes him liable only once? For if you tell him that it is a Sabbath, he stops immediately. What if he is in error in both respects? Rav Hamnuna said, he is liable only once. Rebbi Zeˋira said to him, is that not a case a fortiori? If he is intentional regarding the Sabbath and in error about works, is he not liable for each single one? Because there was added for him the error regarding work on the Sabbath; the error about works is lost83Babli 70b disagrees since the final decision by Ravina follows Rav Hamnuna here (Sanhedrin 62a, Ševuot 19a,26a, Keritut 3b).? Rebbi Jeremiah asked before Rebbi Zeˋira: If one harvested half the volume of a dried fig on this Sabbath, intentional regarding the Sabbath and in error regarding the work, and half the volume of a dried fig on another Sabbath, in error regarding the Sabbath and intentional regarding the work; do the errors combine84Since in all he harvested an amount which creates liability. In this version, there are two reasons which invite a negative answer; the actions happened on different days, and the circumstances of the errors are different.? Is it possible to say Sabbaths divide, Sabbaths combine85The second sentence in Mishnah 1 clearly states that for a person who knows the principle of Sabbath rest, even if he is not aware of the day, separate Sabbaths require separate sacrifices. Therefore the fact that the actions happened on different days should be enough to answer the question in the negative.? Do not trays divide and trays combine86This argument, also mentioned in the Babli 71a, refers to Mishnah Keritut 3:9where R. Joshua holds that somebody who illegally eats from the meat of one sacrifice prepared in five different dishes is liable for a separate purification sacrifice for every dish of which he ate the volume of an olive. On the other hand, if of two separate dishes he illegally ate half the volume of an olive each, he is liable for one sacrifice. This is a case where dishes both combine for liability and divide liabilities.? He answered, I do not know the reason for the tray. Is this not a baraita? If he wrote one letter on a weekday and one letter on the Sabbath, Rebbi Eliezer declares him liable for a purification sacrifice but Rebbi Joshua declares him not liable87A later Mishnah will declare that writing on the Sabbath creates liability if one writes two letters. For R. Joshua writing one letter on the Sabbath never creates liability. For R. Eliezer the reason that two letters create liability is that they may form words. For him a letter which forms a word when added to a preexisting letter is word-forming and creates liability (Chapter 13, Note 000).. Rebbi Azariah said before Rebbi Mana, explain it by intent. He said to him, is this not an argument a fortiori? Since intent neither divides nor combines88Since intentional sin cannot be atoned for by a sacrifice it is irrelevant for creation of liabilities., error which does not divide a fortiori does not combine. Rebbi Ḥanania said, this is not what he said but he harvested half the volume of a dried fig in the morning, intentional regarding the Sabbath and in error regarding the work, and half the volume of a dried fig in the evening, in error regarding the Sabbath and intentional regarding the work; do the errors combine89This version, where all action happens on one and the same day, is reported in the Babli 71a, where also it is reported that R. Zeˋira holds that since the rules for purification sacrifices are different in both cases they cannot combine.? Rebbi Mana said, even though Rebbi Yose did not address this, he said something similar. If one ate half the volume of an olive being aware of the Sanctuary but oblivious of impurity and half the volume of an olive being oblivious of the Sanctuary but aware of impurity; do the oblivions combine90Ševuot 2:1 Note 51.? One understands Sabbath since weekdays come in the meantime. What may you say about the menstruating woman91This refers back to the Mishnah in Ketubot, in particular the last argument between R. Aqiba and R. Eliezer where R. Eliezer asserts that even with underage girls every forbidden sex act creates a new liability. It is agreed that every single Sabbath creates new liabilities since the weekdays in between create awareness of days that are not Sabbaths. Similarly one may argue that having sex with the same woman in different menstrual periods creates separate liabilities since while the male may be oblivious continuously, the woman certainly knows the differences between the periods and she is bound by the law as he is. But an underage girl is not obligated by any law; therefore intercourse with her during different periods in one period of oblivion should create only a single liability.? Rebbi Simeon ben Laqish said, explain it about an underage menstruating woman where days of purity came in the meantime92Since we assert that a person who knows about the laws of the Sabbath but does not know which days are Sabbaths is liable separately for each Sabbath on which he worked, we also should assert that a man who knows the laws of niddah even if he does not know when his wife is impure is separately liable for intercourse in different periods which are separated by lengthy intervals of purity. Babli Keritut 17a.. Rebbi Eleazar ben Rebbi Simeon says, so did he ask him: If he came to one menstruating woman five times in one period of oblivion, what? Is he liable once for all of them or for each single one? He answered him, he is liable for each single one. Rebbi Aḥa in the name of Rebbi Yose ben Ḥanina, it is [not] so93As the text (Note 95) shows later, the text in brackets has to be added. One cannot translate “Rebbi Aḥa (4th generation) in the name of R. Yose ben Ḥanina (2nd) said, so did R. Mana (5th) ask”. R. Aḥa asserts that we do not accept R. Eleazar ben R. Simeon’s statement.. Rebbi Mana asked the following: Did not Rebbi Samuel, Rebbi Abbahu say in the name of Rebbi Yose ben Ḥanina: This entire Halakhah follows Rebbi Eliezer, but following the rabbis he is liable only once23As will be stated in the next paragraph, all actions in one episode of oblivion trigger only one obligation of sacrifice.? Then here also94In the case of the man married to an underage girl each period creates only one liability. he should be liable only once. Rebbi Yose said, I confirmed this following what Rebbi Aḥa said in the name of Rebbi Yose ben Ḥanina, it is not so95Cf. Note 93.. Like the rabbis of Caesarea in the name of Rebbi Nisa: This entire Halakhah follows Rebbi Eliezer, and all that is derived from it as all practice follows Rebbi Eliezer25The formulation in the Mishnah is not practice.. MISHNAH: There are 39 categories of work. He who ploughs, who sows, who harvests, who binds into sheaves, who threshes, and who winnows, who selects, who grinds, and who sifts, who makes dough, and who bakes4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. He who shears wool, who bleaches it, who cards it, who dyes it, who spins it, who prepares the loom, who ties two threads as warp, who weaves two rows, who hits two threads, who ties, and who unties. Also who sews two stitches, who tears in order to sew two stitches.
He who catches a deer, who slaughters it, who skins it, who salts it, who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather., who tans it, who cuts it, who writes two letters, and who erases in order to write two letters6This series of 9 categories describes both sacrifices and the production of writing material which in pre-Mishnaic times was mostly leather..
He who builds, and who tears down, who extinguishes fire, and who lights fire, and who hits with a hammer7A name for the formal end of any production process., and who transports from one domain to another8This is mentioned last because in most cases it is a weak prohibition since “public domain” into which one may not transport by biblical standards is exists mostly outside a built-up area.; these are the 39 categories of work. HALAKHAH: “The categories of work are 39.” From where that the categories96A hint that exactly 39 categories of work should be forbidden on the Sabbath (i. e., that a maximum of 39 sacrifices would be required for unintentional violations of the Sabbath rest.) of work are from the Torah? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Corresponding to the thirty-nine occurrences of מלאכה in the Torah97The count works out if one counts all occurrences of מְלָאכָה together with its suffixed forms מְלַאכְתּוֹ, etc., but omitting all construct states מְלֶאכֶת.. They asked before Rebbi Aḥa, everywhere where מלאכות is written it should count for two! Rebbi Ashian said, Rebbi Aḥa checked by eye the entire Torah and did not find this word written98The plural מְלָאכוֹת is not found in the Pentateuch. Therefore each occurrence of the word counts as one.. The following is necessary: He came into the house to do his work99Gen. 39:11. It must be counted even though the word is in suffixed form and does not refer to the Sabbath. is with them. God completed on the Seventh Day His work which He did100Gen. 2:2., is with them. Rebbi Simeon ben Yoḥai stated: Six days you shall eat unleavened bread and on the seventh day you should not do work101Deut. 16:8, the last occurrence of the word in the Torah. comes to complete the 39 “works” written in the Torah. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Naḥmani: Corresponding to the 39 times “service” and “work” is written about the Tabernacle102In Ex. and Num. Here again for the word עֲבוֹדָה the base form and the suffixed forms are counted, but the construct state עֲבוֹדַת is not.. Rebbi Yose ben Ḥanina said, it does not say “this is the word” but these are the words.103Ex. 35:1, the introductory paragraph which indicates that the Sabbath prohibitions may not be violated in building the Tabernacle, and which therefore forms the basis of the list of the 39 categories from an analysis of the activities needed to build the Tabernacle and to serve in it.” “Word”, “words,” “words”. From here about categories and derivatives104The plural indicates that each category stands for many different actions, Babli 70a, 97b. (In the Appendix to Yalqut Šimony published by L. Ginzberg in שרידי הירושלמי p. 316 the reading is מכאן לאבות מלאכות “from here for categories”, the plural only indicates that there are different categories of work on the Sabbath.). Rebbi Ḥanina of Sepphoris in the name of Rebbi Abbahu. Alef is one, Lamed is 30, He is five, “word” is one, “words” are two105The gematria (numerical value if each letter is used as a numeral in the Alexandrian system) of אלה is 36; one has somehow to find another 3 to reach the traditional number of 39.. From here the 39 “works” written in the Torah. The rabbis of Caesarea say, at its place nothing is missing, א is one, ל 30 , ח 8. The rabbis never hesitate to identify ה and 106Cf. Peah 7:6 Note 113, Maˋaser Šeni 5:3, Soṭah 8:4 Note 179. In all other occurrences of substitution of ח for ה one obtains a word which makes sense; this cannot be said here (Babli Berakhot 32a).ח. Rebbi Joḥanan and Rebbi Simeon ben Laqish worked on this Chapter for three and one half years107They made a list of all actions traditionally forbidden on the Sabbath.. They produced 39 derivatives for each single one. Where they found a way to include it they included it108Where they could they classified them according to the official categories.. Where they did not find a way to include it they classified it as “who hits with a hammer.7,A name for the formal end of any production process.109A catch-all category for actions difficult to categorize. It is clear that the list of prohibited actions must have preceded the classification.” The sons of the Elder Rebbi Ḥiyya worked on this Chapter for six months. They produced six derivatives for each single one. The sons of the Elder Rebbi Ḥiyya follow the method of their father, as Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all [liable] because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” Rebbi Sidor112His name seems to have been Isidor; changed to avoid the mention of pagan deities. said, Jehudah the son of the rabbi113The Elder R. Ḥiyya. Makhširin is a rather short Mishnah Tractate of only 6 Chapters accompanied by Tosephta of 3 Chapters. studied Makhširin for six months. In the end there came a student of Rebbi Simai and asked him, but he could not answer. He114R. Simai’s student. The important one of R. Ḥiyya’s twins was Ḥizqiah, not Jehudah. said, it is recognizable that this one never passed by the gate of the Torah. “The categories of work are 39.” For which purpose? For if he did all of them in one oblivion he is liable only once115This statement contradicts Mishnah 1 and the quote in the Babli (69a) as well as a quote from the Yerushalmi (not in our text) by R. Salomon Adani; it has to be changed into “is liable for each single one.”. 116This paragraph and the next are also in Nazir 6:1 but the origin is here as will be seen in the commentary. The introductory statement is from earlier in the Chapter, Notes 28–30. The text in braces was copied from there and has no place here. Rebbi Zakkai stated before Rebbi Joḥanan: If somebody sacrificed, burned incense, and poured a libation in one forgetting, he is guilty for each action separately. Rebbi Joḥanan told him, Babylonian! You crossed three rivers with your hands and were broken. He is guilty only once! {Before he broke it in his hand there is “one” but not “those”; after he broke it in his hand there are “those” but not “one”.} Rebbi Abba bar Mamal asked before Rebbi Zeˋira: Should he117The idol worshipper. not be guilty for each action separately? As you say for the Sabbath: Do not perform any work118Ex. 20:8., principle. Do not light fire in any of your dwelling places119Ex. 35:3., a detail. Was not lighting fire subsumed under the principle, but it is mentioned separately from this principle! Since lighting fire is special in that it is the work of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. Also here: Do not worship them121Ex. 20:4., a principle. Do not prostrate yourself121Ex. 20:4., a detail. Was not prostrating itself included in the principle and why was it mentioned separately? To infer, to tell you that prostrating oneself is special in that it is the action of a single individual and one would be guilty for it alone, so everything for which one alone is guilty120A forbidden action on the Sabbath which is executed only by the common effort of several people is not prosecutable. This is an application of the 9th hermeneutical principle of R. Ismael: Any detail which was subsumed under a principle but is mentioned separately in order to instruct, was not mentioned for itself but to explain the entire principle [Sifra Introduction 2; Pereq 1(1)]. In the text this is called “principle and detail”, which in the technical language of the Babli refers to the completely different rule No. 5 [Sifra Introduction (1,7)]. In Mekhilta dR. Ismael p. 347 the argument is attributed to R. Jonathan (who in the Babli 70a appears as R. Nathan.)
Whether there is a connection between rules 5 and 9 is left open in the Babli, Baba qamma 85a, decided in the negative in Menaḥot 55b. Menaḥem Cahana, in an exhaustive study of the problem (קווים להתפתחות של מידת כלל ופרט בתקופת התנאים p. 173–216 in: Studies in Talmudic and Midrashic Literature in Memory of Tirzah Lifshitz) holds that the original tannaitic theory knew only of two principles, one which corresponded to the later (Babli, Sifra, Sifry) rules entitled “principle and detail”, “detail and principle”, “principle and detail and principle”; the other one referring to all rules which in Babylonian formulation start with “any detail which was subsumed under a principle”. His arguments support the thesis of the present commentary that Mekhilta, Sifra, Sifry (and Tosephta) in our hands are essentially Babylonian editions. (A different interpretation of the verses is in the Babli 70a).
. He answered: For the Sabbath, He mentioned the principle at one place and the details at another place. For idol worship, the principle is found close to the detail122In the same sentence. Cf. Babli Pesaḥim 6b, Bava qamma 85a, Menaḥot 55b, Niddah 33a.. He retorted: Is it not written: Do not prostrate yourself before another power123Ex. 34:14.? He who sacrifices to Elohim shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. He mentioned the principle at one place and the details at another place! He said, since you do [not]125Added from the text in Nazir, needed for an understanding of the text. infer anything from it close up, you cannot infer anything from afar126Since 34:14 does not teach anything not contained in Ex. 20:5.. The colleagues say, it makes no difference; whether He gave the principle at one place and the detail at another, or gave principle and detail at the same place, it is a matter of principle and detail. For the Sabbath, He first gave the principle and then the detail. For idolatry, He gave the detail and only later the principle127If prostrating had been mentioned after worshipping, the 5th hermeneutical principle would imply that the two notions are identical in intent. As the verse stands, it cannot be interpreted as “principle and detail”, therefore the 9th principle does not apply to idolatry since the detail does not follow after the principle.. Rebbi Yose said, it makes no difference whether He first gave the principle and then the detail or He gave the detail and only later the principle, or He gave principle, detail, and principle; it is a matter of principle and detail. For the Sabbath, He gave a general prohibition of work, followed by details; for idolatry, He gave the general principle regarding its worship but detailed the works of Heaven128The prohibition refers to performing for idolatry any ceremony commanded for the worship of Heaven. The case of R. Zakkai really has no connection with the argument about the status of the mention of prostrating oneself in the Second Commandment.. Rebbi Mana said, lighting fire was mentioned unnecessarily129Since the prohibition of making fire is implied in the Fourth Commandment in any reasonable interpretation. Therefore, making fire is a detail which can be used to characterize all work forbidden on the Sabbath.; prostrating oneself was mentioned by necessity to explain about itself since it is not work130Nothing is changed or produced by prostrating oneself; it is not obvious that it should be forbidden under any circumstances.. This follows what Ḥizqiah stated: He who sacrifices to powers shall be banned124Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. Sacrificing was mentioned separately to teach about everything131Since punishment for sacrificing is spelled out separately, any punishment for an act of idolatry must be given separately by the 9th rule, supporting R. Zakkai against R. Joḥanan., prostrating oneself to explain about itself since it is not work. Rebbi Jeremiah said, lighting fire was mentioned by necessity, to teach that courts should not sit on the Sabbath132In the Babli, Yebamot 6b, this is a Tannaitic statement from the school of R. Ismael, appended to an argument also quoted in Mekhilta dR. Ismael, Wayyaqhel.. What is the reason? It says here, in all your settlements, and it says there, these . . should be rules of law for your generations, in all your settlements133Num. 35:29.. Since “settlements” mentioned there refers to courts, “settlements” referred to here also refers to courts. Rebbi Samuel bar Eudaimon said, even if you say that it was mentioned separately necessarily is as if it was mentioned separately not by necessity,134Since the argument is based on Num. 35:29, not on Ex. 22:19, the latter verse can be used in an application of the 9th rule. and any item mentioned separately unnecessarily instructs135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. This implies that one item which was mentioned separately by necessity does not divide136Since we found a reason why the item was mentioned one cannot infer that it is established as a separate rule.. If it was mentioned not by necessity it divides137It is a general hermeneutical rule (No. 4) that two parallel items are just that, two separate items, and no additional inferences or comparisons are possible. If both are prohibitions, infractions generate separate liabilities.. If two items were mentioned separately, do they divide? Let us hear from the following: From where that he transgresses a prohibition whoever brings to the altar meat of a purification offering138For purification and reparation offerings, blood is sprinkled on the altar and fat is burned. The meat must be eaten by the priests; it cannot be sacrificed., or meat of a reparation offering, or meat of most holy offerings139Most holy offerings are elevation offerings which are completely burned, purification and reparation offerings already mentioned, and the public well-being offering accompanying the Two Leavened Breads on Pentecost which introduce the season of the wheat harvest. Only the last item can be meant here, where the meat also must be eaten by the priests., or meat from simply holy offerings140The family sacrifices, of which only blood and fat are given to the altar, Lev. Chapter 3., or the remainder of the ˋOmer141The barley offering on the Festival of Unleavened Bread, of which a handful is burnt on the altar and the remainder must be eaten by the priests. Lev. 23:10. or the Two Breads142The Two Breads to be brought on Pentecost, to be eaten by the priests with the meat of the public well-being offering (Note 139). Lev. 23:17., or the Shew Bread143Of which the incense is burned on the altar; the bread itself has to be eaten by the priests, Lev. 24:5–9., or remainders of cereal offerings144To be eaten by the priests after a handful was burned on the altar, Lev. Chapter 2., or leaven145This again refers to the Two Breads, the only leavened offering., or date honey146Which as an offering of first fruits is consumed by the priest after being presented to the altar but not brought onto the altar. Deut. 26:2.? The verse says147Lev. 2:12., for any leaven or any date honey you may not turn into smoke as a fire gift to the Eternal. Therefore anything that had been given to the fire is under “do not turn into smoke”148If any part or appendix had to be given to the fire on the altar, there is a prohibition to put any of the remainder on the altar.. Rebbi Eleazar asked Rebbi Joḥanan. Should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He told him, it follows what was stated, the altar150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., this means not only the altar, from where to include the ramp? The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., on the altar they shall not be lifted. I could think neither as an act of worship nor as act of worship. The verse says150Lev. 2:12: As an offering of first fruits you may offer them to the Eternal but on the alter they shall not ascend for pleasant scent., as aroma smell, I was saying this only as an act of worship151Since the ramp is inclined, stepping on the ramp in the course of a service would be “ascend for pleasant scent” and is forbidden. But depositing the first fruits on the ramp while the priest remains standing on the floor of the Temple court until he takes them to be consumed is not covered by the prohibition. Sifra Ṣaw Pereq 1(11).. (He retorted,)152An addition from the corrector; this has to be deleted since the next paragraph shows that the speaker still is R. Joḥanan; the following is a continuation of the baraita quoted. them is a restriction153Anything other than leaven and date honey is not covered by the verse.. For these one is liable on the ramp, for all other sancta one is not liable on the ramp. Because it is written them. If them had not been written, it would instruct154Then leaven and date honey would just be examples of items to be consumed by the priests.. That means, two items which were mentioned separately do (not)155A correction by the scribe himself but in error as shown by the next paragraph. separate156To prohibit burning on the altar what must be consumed by priests or laity it would have been enough to give one example. Since two were given, it implies that bringing to the altar is a separate sin for each of them (and equally all others).. Rebbi Ḥananiah the son of Rebbi Hillel said, they do not separate, therefore they instruct157Since they are mentioned in one verse they are not two independent items; previous argument is not applicable. Since it is a single item it permits inference for all sancta.. Rebbi Yose ben Rebbi Abun does not say so but Rebbi Eleazar asked Rebbi Joḥanan, should not the Two Breads, being mentioned separately, teach about all sancta on the ramp149The ramp on which the priest ascends to the altar since it is forbidden to build steps to the altar (Ex. 20:22). The ramp was physically separated from the altar.? He said to him, them is a restriction. For these one is liable on the ramp, for all other sancta one is not liable on the ramp158But on the altar one is liable at least in violation of a positive commandment. Babli Menaḥot 37b/38a.. This implies that a single item which is mentioned separately necessarily does not divide, but unnecessarily it divides135It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases.. Two items which are mentioned separately do not divide but according to Rebbi Ismael they do divide, as Rebbi Abun bar Ḥiyya said, the words of Rebbi Ismael are that two items which are mentioned separately divide159From here on and the next paragraphs there is a parallel (but not an exact copy) in Sanhedrin 7:5 Notes 72–125.
One of R. Ismael’s hermeneutical principles is that “a detail which was singled out from a general category was singled out not for itself but as an example for the entire category.” R. Abun bar Ḥiyya states that according to R. Ismael this holds only for a single detail, not for two or more.
. As Rebbi Ismael stated, you shall neither divine nor cast spells160Lev. 19:26. Divination is an attempt to predict the future by magical means; spellbinding is practical witchcraft. Both are particular examples in the prohibition of witchcraft (Ex. 22:17), but no penalty is indicated.. Were not divining and spellbinding included in the general class161To use witchcraft is a capital crime (Mishnah Sanhedrin 7:5); in the absence of witnesses there is an automatic Divine verdict of extirpation. But the special cases of divination and spellbinding only trigger a verdict of extirpation; they are not cases for the human court. This illustrates R. Ismael’s principle. In Sifra Qedošim Pereq 6(2), R. Ismael and R. Aqiba identify divination and spellbinding as examples of make-believe witchcraft which according to Mishnah Sanhedrin 7:19 is not punishable by the human court. Automatically, these are separate examples of sins which require a purification sacrifice if done without criminal intent. A person who unintentionally acts as sorcerer, divinator, and spellbinder has to bring three sacrifices.? The were mentioned separately to be treated differently from the general case162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.. In general by extirpation, the separate case by extirpation2In error.; the word of Rebbi Joḥanan implies that it is “general case and detail162Hermeneutical principle #5 on R. Ismael’s list states that a general expression followed by particulars only refers to the particulars. If both general expression and details declare the same., one has to find a reason why the details have to be mentioned separately.”, as Rebbi Abbahu said in the name of Rebbi Joḥanan, since anybody who would perform any of these abomination s, they will be extirpated163Lev. 18:29. This verse decrees a general verdict of extirpation on any violation of sexual taboos spelled out in Lev.18, whether or not they are criminally punishable.. Was not his sister included in the general class164The sister is forbidden in Lev. 18:9 but in the chapter about penalties, Lev. 20:17, the punishment is reserved for Heaven. and was mentioned separately of the general class to divide from the general class. Rebbi Eleazar objected, is it not written165Lev. 20:19. The wording might be slightly misleading., the nakedness of your mother’s sister and your father’s sister you shall not uncover, for he would touch his relative? He told him, this was mentioned separately for a reason, to judge by “touching”166Lev. 20:19 makes two statements: The punishment is reserved for Heaven and the sin is committed the moment the genitals of the parties touch, without any penetration. Mishnah Yebamot 6:2 extends the equivalence of touching and penetration to all sexual offenses.. He said to him, is it not written167Lev. 20:18. The implications are the same as for v. 19., a man who would lie with an unwell woman, uncover her nakedness and touch her source? He told him, this was mentioned separately for a reason, to judge the one “touching” as finishing. That you should not say, since he is liable for her [already]168The word was deleted by the corrector but it is necessary for the understanding of the text. Since in Lev. 15 it is stated that simple touching (not sexual “touching”) a niddah causes impurity and is forbidden to the male, her prohibition differs materially from the other sexual taboos. for impurity we should not consider for him “touching” as finishing. Therefore it was necessary to mention (that he is liable for each single one.)169This seems to be extraneous to the discussion. However, since the statement is also found in the Genizah text of Sanhedrin, it seems to be original and explains that Lev. 18:29 decrees separate extirpation and, therefore, separate sacrifices for unintentional sin, for each separate category of incest. He said to him, is it not written170Lev. 20:20., a man who would sleep with his aunt, his uncle’s nakedness he uncovered? He told him, this was mentioned separately to judge by childlessness. But is it not written171Lev. 20:21., a man who would marry his brother’s wife, she is separated? He told him, this was mentioned separately to judge by childlessness, as Rebbi Yudan172The Amora. His counterpart in the Babli is the third generation Amora Rabba (Rav Abba bar Naḥmani). The Babli (Yebamot 55a) applies both statements to both verses. said, where it is written childless they shall be171Lev. 20:21., they will be without children, childless they shall die170Lev. 20:20., they bury their children. Rebbi Yose said, it was necessary that his aunt be mentioned separately, to exclude his maternal brother’s wife174From punishment by loss of children (rejected in the Babli, Yebamot 55a).. It is said here his aunt, and it is said there175Lev. 25:49. Since the subject of the entire Chapter is inheritance, it is understood that only the male line is addressed., either his uncle or his uncle’s son shall free him. Since by his uncle mentioned there, the verse understands his father’s paternal brother, also by his aunt mentioned here, the verse speaks of his father’s paternal sister176In Sanhedrin: His paternal uncle’s wife. This is more appropriate for the argument here since his father’s or mother’s sisters are forbidden by Lev. 18:12,13 and the prohibition is unproblematic.. Also his brother’s wife177Who is forbidden in Lev. 18:16. can be inferred from his aunt. Since by his aunt mentioned there, the verse speaks of his father’s paternal brother’s wife, also by his brother’s wife mentioned here, the verse speaks of his paternal brother’s wife. So far following Rebbi Aqiba. Following Rebbi Ismael? As Rebbi Ismael stated: It is said here his brother’s wife and it is said there178Lev. 20:21, the penalty clause referring to the prohibition formulated in Lev. 18:16., a man who would take his brother’s wife, she is niddah179In biblical Hebrew, the meaning of the root נדד is the same as Arabic نحاد “to separate, to disperse”. This applies both to the menstruating woman (Lev. 18:19), to whom relations with her husband are forbidden, and to the person excommunicated (מְנֻדֶּה) who is separated from the community. In rabbinic Hebrew, the word נִדָּה is used exclusively for the menstruating woman; this is the reference made here, even though the argument is equally valid for the excommunicated person. (Babli Yebamot 54b.). Since a menstruating woman will be permitted after being forbidden, also his paternal brother’s wife may be permitted after being forbidden.180The menstruating woman is permitted after her purification; the brother’s wife may be permitted, viz., if the brother dies childless. In the latter case, “brother” means paternal brother (Yebamot 1:1, Note 45). This excludes his maternal brother’s wife, who cannot be permitted after being forbidden181But for whom no punishment is spelled out.. But Rebbi Ismael himself had a problem: from where does one prove it182This refers to the paragraph before the last, where R. Joḥanan explained that the sister had a special role in the list of incest prohibitions, to deduce that from the different levels of punishment the blanket decree of extirpation really represents separate decrees for each kind of infraction. In Sanhedrin, the name here is Joḥanan. But Ismael may be the correct attribution, since according to one opinion in the Babli, Zebaḥim 107b, this is R. Ismael’s position. S. Liebermann prefers to read “Eleazar” since the supporting argument is quoted in the latter’s name.? Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia: Two prohibitions and one extirpation, the prohibitions split the extirpation183This answers the question. It is rather frequent to find verses containing multiple prohibitions covered by one mention of extirpation where the context makes it clear that each single infraction triggers extirpation.. What is the reason? 184Ex. 30:32,33 regarding the holy oil. Only v. 33 is discussed.It should not be used to be rubbed on anybody’s skin and in its proportions you shall not imitate it, and it is written, a person who would compound similarly, or who would put it on a stranger, will be extirpated from his people, that is two prohibitions and one extirpation. The prohibitions split the extirpation185A person who inadvertently compounds aromatic oil in the same composition as holy oil and uses it on people has to bring two sacrifices. Babli, Makkot 14b.. How does Rebbi Joḥanan treat this? The verse speaks about males. His sister is mentioned to teach about all females186While in the punishments listed in Lev. 20 both sexes are mentioned, the prohibition in Chapter 18 are all formulated for the male, except that the mention of extirpation is formulated (18:29) for “all persons”. Since the punishment for marrying one’s sister is extirpation (20:17) for both partners, it proves that the “persons” mentioned in 18:29 are both male and female.. Does Rebbi Eleazar not accept this? He has it from do not come near187Lev. 18:6, the verse introducing incest prohibitions. While the verse starts אִישׁ אִישׁ it is agreed that the meaning is not “every man” but “every person”., equally male or female. How does Rebbi Joḥanan treat this? He explains it but it is not clear188Since אִישׁ אִישׁ really means “every man” it needs a supporting argument.
מחוור is Babylonian spelling of Galilean מחובר “logically connected”; in the ms. it is a corrector’s change.
, so also from the following: Samuel bar Abba asked before Rebbi Zeˋira, should not well-being sacrifices, being treated separately, split all sancta regarding impurity189Impurity of well-being sacrifices, the only ones available to lay people, is treated at length in Lev. 7:11–27. Impurity of sacrifices available to priests is treated in Lev. 22:1–16. One should assume that a priest who inadvertently eats a combination of impure well-being and other sacrifices has to bring separate purification sacrifices; but this is not the case.? He told him, it was necessary that they be treated separately, to eliminate sancta dedicated for the upkeep of the Temple regarding larceny190While misuse of all kinds of sancta is larceny, it is punishable only if the monetary value of the misuse is at least one peruṭah. Misuse of one half peruṭah’s worth of Temple donations and one half peruṭah’s worth of sacrifices is not punishable., lest one be liable for them because of mushiness191Sacrificing with the intent of eating of the sacrificial meat out of its time and place., leftovers192Eating of sacrificial meat after its allotted time., and impurity. But is that not a Mishnah? “All sancta destined for the altar combine with one another with respect to liability for mushiness, leftovers, and impurity193This shows that well-being and other sacrifices are equal in the hand of the Cohen, Mishnah Meˋilah 4:1. The categories of mushiness, leftovers, and impurity do not apply to monetary gifts to the Temple. Anything donated to the Temple which is not a sacrifice or a Temple vessel is sold by the Temple treasurer and thereby reverts to fully profane status.,” in contrast to sancta destined for the upkeep of the Temple. Since they do not combine, they do split195Somebody committing simultaneous larceny involving gifts to the Temple and sacrifices has to atone separately for the two offenses.. Rebbi Ḥanina196The Genizah text in Sanhedrin reads Ḥinena, preferable for chronological reasons. said, so it is. They split but do not combine197R. Ḥanina’s statement is an assertion that the rules are different for well-being and other sacrifices. This would agree with the Babli, Meˋilah 15a, that in fact well-being and purification offerings do not combine; the contrary statement of the Mishnah is classified as a rabbinic stringency.. If He stated a general principle as a positive commandment but the detail as a prohibition, the word of Rebbi Eleazar is that this is a general principle followed by a detail198If a pentateuchal verse partially is an exhortation to action and partially a prohibition, it nevertheless forms a logical unit.. 199From here to the end of the discussion there exists a parallel in Kilaim 8:1, Notes 20–36 (Babli Moˋed qaṭan 3a). The punishment for violating a biblical prohibition for which no penalty is specified is by flogging. The problem is that ploughing is not specifically mentioned in Lev. 25. Rebbi Eleazar said, one whips for ploughing in the Sabbatical year. Rebbi Joḥanan said, one does not whip for ploughing in the Sabbatical year. What is Rebbi Eleazar’s reason? The Land shall keep a Sabbath for the Eternal200Lev. 25:2., a general principle. Your field you shall not sow, your vineyard you shall not prune201Lev. 25:4., detail. Sowing and pruning were included in the general case; why were they mentioned separately? To include with them; since sowing and pruning are particular in that they perform work on the soil or on a tree, I have only what is work on the soil or on a tree. How does Rebbi Joḥanan treat this? They are two different things, and two different details for one general principle do divide. In Rebbi Eleazar’s opinion do they not divide202To require separate atonement if performed inadvertently.? He holds that because they do not divide, they are for making inferences. In Rebbi Joḥanan’s opinion, are they not for making inferences? There is a difference here because He stated a general principle as a positive commandment but the detail as prohibitions. No positive commandment allows inferences for a prohibition and no prohibition allows inferences for a positive commandment. Rebbi Eleazar said, a positive commandment allows inferences for a prohibition but no prohibition allows inferences for a positive commandment. In Rebbi Joḥanan’s opinion it is obvious that one may dig cisterns, ditches, and caves during it202*During the Sabbatical year.. In Rebbi Eleazar’s opinion, may one dig cisterns, ditches, and caves during it202*During the Sabbatical year.? Just as one cannot make inferences for prohibitions, so one should not be able to make inferences for permissions203For R. Joḥanan, if ploughing is not sanctionable, digging for other than agricultural purposes certainly is permitted. But for R. Eleazar digging is work on the soil (in the language of his argument) but not in the field (as forbidden in the verse.). Rebbi Abba from Carthage said, Rebbi Joḥanan’s reason is six years you shall sow, not in the Sabbatical; and six years you shall prune your vineyard204Lev. 25:3., not in the Sabbatical at all. Any prohibition inferred from a positive commandment is a positive commandment; one violates a positive commandment205As such it is not sanctionable; cf. Sanhedrin 5:3, Note 73.. Rebbi Yose said, there is not even a positive commandment206He takes R. Eleazar literally at his word. If Lev. 25:3–4 represents a general principle followed by a detail (even if the principle is a positive commandment and the detail a prohibition) then by R. Ismael’s rule כְּלָל וּפְרָט אֵין בִּכְלָל אֶלָּא מַה שֶׁבִּפְרָט “general principle followed by detail: the general principle only applies to the detail”, nothing not mentioned in the verse is prohibited.
Since R. Yose was R. Jeremiah’s student, he should be mentioned after his teacher (which he is both in Sanhedrin and Kilaim.)
. Rebbi Jeremiah said, one violates a positive commandment. Why is it written that the Land shall keep a Sabbath for the Eternal200Lev. 25:2.? That is for the prohibition implied by it207This refers to R. Yose’s opinion, that sowing and pruning are forbidden in the Sabbatical but these and all other agricultural work are violations of the positive commandment to give rest to the Land.. I could think that they should be giving lashes for the addition208The prohibition of agricultural work after the harvest of the preceding year, different for work on the soil or on trees. This has nothing to do with the rules of the Sabbath or with general principles of hermeneutics; it is from Kilaim 8:1, Notes 26–28.. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms209Rabbinic prohibitions to prepare fields or prune trees after harvest in the year before the Sabbatical. The time tables are different for different kinds of work; Mishnah Ševiˋit 1:1,2:1.. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar210As explained in the preceding paragraph..
A baraita disagrees with Rebbi Eleazar:211Sifry 70. Babli, Zebaḥim 106a. Beware of, a prohibition. Lest, a prohibition212This is a principle accepted in both Talmudim. A verse stating “beware of” or “lest” does not need an explicit “do not” in order to be classified as a prohibition.. And it is written213Deut. 12:13–14: Beware, and do not offer your elevation sacrifices at any place you see. Only at the place which the Eternal will choosethere you shall offer your elevation sacrifices and there you shall do everything which I am commanding you. This is a general prohibition followed by two specific positive commandments. The two verses are parallel, not logically consecutive as R. Eleazar would require.: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition214A positive commandment to be performed at the Chosen Place and a prohibition everywhere else., so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment215As maintained by R. Joḥanan.. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense216The activities quoted here are all derivatives of ploughing (Babli 73b).. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action217In the Babli, Zebaḥim 107b, according to one opinion this is R. Ismael’s position.. Anywhere one stated categories there are derivatives. There, we have stated218Mishnah Bava qamma 1:1.: “There are four categories of damages. The ox”, this is the horn. Goring and pushing are main categories. Rebbi Ḥiyya stated: If it bit, lay down, kicked, these are derivatives of the horn. There, we have stated219Mishnah Kelim 1:1.: “The categories of impurity, the crawling animal and semen.” What are derivatives of crawling animals? Rebbi Jehudah in the name of Rebbi Naḥum: pushings. What are pushings? Touching220Both in Šabbat and Bava qamma categories are labels of sets of derivatives. But in Kelim, treating of impurity, derivative impurity is less infectuous than original impurity, and there are successive states of derivative impurity. The nature of אָב in impurity really is not comparable to the nature of אָב in the other two cases.. The main category of impurity makes everything impure, derivative impurity transmits impurity only to food and drink, or clay vessels221This is not an exhaustive list and does not take into account that different implements may be subject to impurities in different degrees depending on the kind of original impurity in question. In general, metal vessels may become impure by touch from derivative impurities but not clay vessels (Mishnah Zavim 5:1); all food and drinks may become impure by derivative impurities of the first degree. Babli Bava qamma 2b.. Food and drink and [clay]222Missing in the text but indicated by the construct state of the word כֶּלִי. vessels cannot become main categories of impurity to transmit impurity223This statement requires that מַשְׁקִין be translated as “drinks”. The same word may also mean “fluids”, but human body fluids may be sources of original impurity and the water used for the ashes of the Red Cow may become the source of original impurity.. Gonorrhea. And here, we have stated: “The categories of work are 39.” Ploughing is a category. Rebbi Ḥiyya stated: If one dug a hole, made a ditch, or dug to put in a pole, these are derivatives of ploughing216The activities quoted here are all derivatives of ploughing (Babli 73b).. All categories of work they learned from the Tabernacle4As noted earlier, since the Sabbath prohibition is repeated at the start of the rules of building the Tabernacle, Ex. 35:1–3, one concludes that the prohibited actions are those needed for building the Tabernacle and the Service performed in it. The first series (11 categories) describes actions needed to prepare cereal offerings and the shew-bread. The second series (13 categories) catalogues the making of the priestly garments.. What kind of ploughing was in the Tabernacle? They ploughed to plant dyestuff224To dye threads used to weave the gobelins of the Tabernacle and the priest’s garments.. How much does one have to plough to become liable? Rebbi Mattaniah said, enough to plant a leek. Rebbi Aḥa bar Rav said, enough to plant a wheat sprout. There225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7)., we have stated: “Two green melon226This is Maimonides’s determination, cf. Kilaim 1:2 Note 38. In modern Hebrew the word means “zucchini”. seeds make liable, two squash seeds, two Egyptian bean seeds.” It was stated, two Median wheat kernels. Rebbi Samuel in the name of Rebbi Zeˋira: Since wheat was so much appreciated they treated it like garden vegetables that are not eaten225Mishnah 9:7. The Mishnah details minimal amounts which create liability if carried from private to public domain. Even though in general food requires a minimal amount of the volume of a dried fig, seeds of garden vegetables create liability in smaller amounts. Palestinian dried figs are rather small (Mishnah Kelim 17:7).. For everything which improves the soil one is liable227According to the Babli, 103a, the liability is triggered by the most minute amount of work, contradicting the opinions in the Yerushalmi earlier in this paragraph. because of ploughing: One who digs228A cistern or other storage facility., who cuts229A ditch (for irrigation or drainage)., who inserts230A spike or log in the ground, for making a fence., who deposits dung231Leads his animal onto the property so they should fertilize it by their droppings., who hoes, who fertilizes, who sweeps232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who sprinkles232A dirt floor. As Or zaruaˋ Šabbat §55 notes, this disagrees with the Babli which restricts the category of ploughing to land which may be used for agriculture., who splits blocks233A block of earth which must be broken up before it can be sown., who clears forests, who sets fire to reed thickets234Also for clearing for agriculture. or palm swamps, and following Rebbi Zeˋira a water canal prepares its banks for sowing235Since the banks are watered automatically. Babli Moˋed qaṭan 2b in the name of Rabba (Abba bar Naḥmani, contemporary of R. Zeˋira)., who removes stones236To turn barren land into an agriculturally usable area., who builds terraces237On hill slopes., who fills the rifts under olive trees, and who makes depressions for vines238For watering the individual vines., and for anything which improves the soil one is liable because of ploughing. 239This paragraph also is in Beṣah 1:3; its main subject are the rules of the holiday. However, since Mishnah Megillah 1:8 states that the only difference between the rules for Sabbath and for holidays is that preparation of food is permitted on holidays, the discussion is relevant also for the rules of the Sabbath. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who cooks carcass meat on a holiday is not flogged, because the category of cooking is permitted on a holiday240It is presumed that carcass meat, which is forbidden as human food, is not prepared as animal feed. For R. Joḥanan (Babli Beṣah 12b) since making fire and cooking is permitted for preparing food on the holiday (Ex. 12:16) it is permitted for any purpose.. Rebbi Simeon ben Laqish said, he is flogged, for the category of cooking is permitted only for food241He disputes that cooking be permitted for anything that is not food.. Rebbi Abba bar Mamal objected to this [statement] by Rebbi Joḥanan. Then one who ploughs on a holiday should not be flogged since actions of the category of ploughing are permitted on a holiday242This refers to Mishnah Beṣah 1:2. Since preparation of food is permitted on a holiday, it is permitted to slaughter for food. If a bird or a wild animal is slaughtered, its blood has to be covered by dust (Lev. 18:13). If no dust is available, the House of Shammai permit to take a prong and dig up some dust; the House of Hillel hold that in this case one should not slaughter but they agree that if one slaughtered one may take a prong and dig. Digging is a derivative of ploughing as noted in the preceding paragraph.. Rebbi Yose in the name of Rebbi Ila: ordinary ploughing was not permitted243Since no spade is authorized, the work is not professional and, since the intent is not to prepare the soil for agriculture, the prohibition is rabbinical; the Houses of Shammai and Hillel do not disagree about the interpretation of a biblical commandment.. Rebbi Shammai said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Ila, this244Both the Houses of Shammai and of Hillel do permit to use a spade; they must hold that the intent determines liability. is Rebbi Simeon’s, for Rebbi Simeon said, only if he needs the essence of the matter245There is liability only if the prohibited action is the object of his intent, not a by-product. Cf. Chapter 2, Note 19.. Rebbi Yose met Rebbi Aḥa. He said to him, did you say this? But did not Rebbi Joḥanan say, the words of Rebbi Meïr are that in 24 matters the House of Shammai are lenient and the House of Hillel restrictive, and this is one of them. Should we say 23246Since in this interpretation both Houses agree that the digging does not create liability and the biblical commandment to cover the blood overrides the rabbinic “fence around the law”.? But Rebbi Meïr and Rebbi Simeon both said the same247Mishnah Beṣah 1:2 is anonymous and therefore presumed to be R. Meïr’s. If it implies the position of R. Simeon then both must agree in this matter. The opponent of R. Simeon in this matter is Rebbi Jehudah, student of his father R. Ilai, who was a student of the Shammaite R. Eliezer. It is intrinsically unlikely that the House of Shammai should accept what later was formulated by R. Simeon.. But were we not of the opinion that Rebbi Yose and Rebbi Simeon both said the same248Chapter 2, Note 19. Babli 31b.? Should we say, Rebbi Meïr, Rebbi Yose, and Rebbi Simeon all three said the same249Then we should hold that this is their (direct or indirect) teacher R. Aqiba’s position and it is difficult to fathom who would disagree; but we see that this opinion is not generally accepted in tannaitic sources.? But matters which are problematic for the rabbis are obvious for you; are those which are obvious for the rabbis [problematic for you]250The words in brackets are added from the text in Beṣah. “Everybody else questions whether R. Meïr agrees with R. Simeon while you assert this. Then you will have to question what in the sequel is stated as the rabbi’s opinion.” S. Liebermann refers to this sentence the remark of Or zaruaˋ Šabbat 55, that he suspects this Yerushalmi paragraph to contain a scribal error.? If one harvested for grasses251He was weeding and using the uprooted weeds as fodder. This is forbidden on a holiday as it is forbidden on the Sabbath, but since there is a question of multiple liabilities the reference is to the Sabbath. he is liable for harvesting but is not liable for improving the soil. There is only the problem if he harvested in order to improve the soil. Is he liable for harvesting and for improving the soil? Even if you say it follows Rebbi Simeon, but for the rabbis in any case he ploughed, in any case he harvested252In the Babli, these rabbis are identified with R. Jehudah.. Rebbi Mana said, the words of the rabbis support Rebbi Yose, for Rebbi Ḥiyya said in the name of Rebbi Joḥanan, if one compressed a fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for its body he is not liable, but if to produce fish sauce he is liable. Even if you say that he said this following Rebbi Simeon, but for the rabbis in any case he compressed, in any case he produced fish sauce254This is all one liability; since he compressed the fish he produced fish sauce and is liable. The Babli holds that R. Simeon agrees that in this case there is liability; technically this is called פְּסִיק רֵישָׁא “cut off the head”. The image is that of a murderer who claims that he never intended to kill his victim, only to cut off his head. Since death is an automatic consequence of cutting off the head, he is guilty of murder. Similarly in the Babli, R. Simeon agrees that an automatic consequence of an intended action is included in the intended action; the Yerushalmi disagrees (and, therefore, does not declare that R. Simeon defines practice.). For any activity which quickens a fruit to ripen one is liable because of sowing. One who plants, who sinks255He takes a branch of a vine, bends it down into a ditch, covers the ditch with earth, and lets it come out again. Then the branch will grow roots in the earth and one has a new vine., who grafts, who prunes, who trains256He binds the branches to an espalier., who removes dead branches, who dirties257In modern terms, applying pesticide (Mishnah Ševiˋit 2:4)., who removes leaves, who dusts258This also is a way to combat insect infestations., who smokes259Either to smoke out worms and insects or to protect against cold spells., who removes worms, who sprinkles with ashes258This also is a way to combat insect infestations., who oils, who waters, who drills holes260Punctures unripe sycamore figs to let them ripen for human consumption., who makes houses261No convincing explanation is available for this expression., and for anything which quickens a fruit to ripen one is liable because of sowing. 262This paragraph is also on Kilaim 8:1 (Notes 32–36, כ) and Sanhedrin 7:5 (Note 125, נ).[Rebbi]263Added from the parallel sources. Zeˋira, Rav Ḥiyya bar Ashi in the name of Cahana264Since Ḥiyya bar Ashi was among the older students of Rav, Cahana mentioned here must be an older Sage (Cahana I) who already was a recognized authority when Rav returned from Galilee to Babylonia.: He who is planting on the Sabbath is guilty because of sowing. Rebbi Zeˋira said, he who prunes is like one who plants. If he planted and pruned on the Sabbath, according to Cahana he is guilty on two counts265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., according to Rebbi Zeˋira only on one count. Did not Rebbi Zeˋira say the pruner is like the planter, did he say perhaps the planter is like the pruner266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3.? All was included in the category of sowing; pruning was singled out for particular stringency267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. Because pruning was singled out for particular stringency you want to exempt it because of sowing? This means, there is no difference. If he planted and pruned on the Sabbath, according to both Cahana and Rebbi Zeˋira he is guilty on two counts. “And who harvests.” Rebbi Ḥiyya stated110Quoted again later in the discussion of Mishnah 2, after Note 267. The Babylonian version of this baraita is in the Babli 73b, Tosephta 9:17.: “One who cuts grain, harvests grapes, harvests olives, cuts tree branches, tears out, plucks fruits, are all because of harvesting.111These are six actions classified under the same category. “Tearing out” refers among other things to tearing out hairs.” One who cuts sponge265In the interpretation of the Babli, 73b, and Moˋed qaṭan 2b, this refers to the case where he prunes with the intent of using the cut branches as wood; then he is simultaneously harvesting and sowing., papyrus, or corals266Pruning is a subcategory of sowing concerning the Sabbath just as planting is, but planting is not like pruning for the Sabbatical year since planting belongs to sowing and pruning was mentioned separately in the verse, Lev. 25:3. is liable for harvesting and planting267Following the argument made for the Sabbath, it would not have been necessary to have pruning singled out in the laws of the Sabbatical. Since it is obvious that for the Sabbatical, pruning is a separate offense, pruning can be a subcategory of sowing for the Sabbath only as a stringency, not a leniency.. One who cuts coriander, leeks, celery, rocket268Accadic gergirū, eruca sativa., endives269Greek τρώξιμος, -ον, “edible”; τά τρώξιμα “vegetables eaten raw”, in rabbinic sources traditionally used for endives., sesame270With the quote in Arukh, reading כשומין., mint, is liable for harvesting and sowing271For garden vegetables, “sowing” is the appropriate word. The reason is the same as in the preceding case, Note 267.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who puts a flowerpot with a hole on a flowerpot with a hole is liable for harvesting and sowing272If something grows in a flowerpot with a hole in the bottom through which the soil absorbs moisture, removing the pot from the soil amounts to harvesting. Putting it down again, even on an empty flowerpot with a hole in the bottom, enables moisture to be absorbed again and amounts to sowing.. Rebbi Yose ben Rebbi Abun in the name of Rebbi Simeon ben Laqish, one who cuts down the stem of a sycamore is liable three for it273Sycamores grow again when cut down. Therefore cutting on the Sabbath is both harvesting and planting. The third offense is not connected with the cutting; Note 275.. Rebbi Yose ben Rebbi Abun said, they274The two statements in the name of R. Simeon ben Laqish are consistent with one another. do not disagree. One who cuts it is liable for harvesting and for sowing. One who planes275This turns a tree into building material. it is liable for hitting with a hammer7A name for the formal end of any production process.. The rabbis of Caesarea say, one who catches a fish or anything by which he separates it from the environment it needs to live is liable because of harvesting276The action which qualifies as harvesting is removing the fish from the water. This applies also to fish already caught but kept in water.. “He who binds into sheaves.” Rebbi Samuel bar Sosartai asked, what are the derivatives of binding into sheaves? Rebbi Yose: I heard the reason following Rebbi Simeon277R. Simeon ben Laqish who earlier was reported to have established derivatives for all categories mentioned in the Mishnah. from Rebbi Aḥa, but I do not remember what I heard. What about it? One who pounds278To separate the grain from the shell. rice279Greel ὄρυζα, ἡ., barley, groats280Latin alica, -ae., is liable because of threshing. He who spreads out ṣeli figs281He is spreading out fruit or food to dry. The translation of צלין as “figs for drying” is tentative, cf. Peah 7:4 Note 86., raisins, 282This word is totally unexplained. Brüll in his review of Levy’s Dictionary proposes to read מטוטלה “bunch (of berries)”, but the word should denote a definite kind of fruit (or meat?) put out to dry in the sun.מסוסלה, bucellata283A kind of bread consisting only of crust; cf. Ḥallah 1:6 Note 182. Italian buccella “bread crust”., is liable because of binding into sheaves. For anything involving food one is liable because of binding into sheaves, involving shells because of threshing284For consistency, probably one should read the sentence about threshing after the one about binding into sheaves.. A woman if she mixes wheat285If she mixes different qualities of wheat grain and then shakes the mixture to distribute the different kinds evenly, the bran will fall off by the shaking. For each kind of work one investigates the maximum number of liabilities created., because she is sifting; if she breaks the tips286Of whole grains. The outer shells will fall off; this is threshing., because she is threshing; if she breaks the sides287She takes the grain out of the peel., because she is selecting; if she hits, because she is grinding; if she sifts, because she is winnowing; if she completes her work, because she is hitting with a hammer288In contrast to the Babli, the Yerushalmi admits a liability for “hitting with a hammer” for completing professional work even for the preparation of food.. This linen weaver with a mallet289Greek κόπανον, τό “pestle”. because of threshing; with a roller because of grinding; with a winnowing shovel290Reading מערוכה for מערובה “mixer”. because of winnowing; with a spoon because of selecting; if he splits because of using a hatchet; if he tears out291Cutting linen thread, not plucking flax plants. because of cutting; if he completes his work, because he is hitting with a hammer. One who is grinding garlic, if he breaks the tips, because he is threshing; if he takes the outer leaves, because he is selecting; if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he completes his work, because he is hitting with a hammer. This sausage maker292The word appears only here and in Beṣah 4:4. The translation follows Meïri in his Commentary to Babli Beṣah 32a, accepted by S. Liebermann., if he selects293Reading מבחר for מכחד. shavings for casings, because of selecting; if he hacks with a coarse file, because of threshing, if he pounds in a mortar, because he is grinding; if it produces liquid, because of making dough; if he fills a hollow294Latin antrum, -i, “cavity”., because of building; if he cuts off bast, because of cutting; if he completes his work, because he is hitting with a hammer. Rebbi Ḥiyya in the name of Rebbi Joḥanan, if one compressed fish253A pickled herring which may be eaten cold on the Sabbath. Babli 145a., if for their body he is not liable, but to produce fish sauce he is liable. Rav295As the sequel shows, one has to read רב for רבא. said, if one compressed pickles296Vegetables or fruits preserved in vinegar without cooking., if for their body it is permitted, for their fluid it is forbidden297The prohibition is rabbinical only since the fluid absorbed by the pickle it from the outside. Pressing an orange on the Sabbath is a biblical infraction creating liability but squeezing a pickle is not.. Preserves298Preserved by cooking for an extended time. both for their body or their fluid is forbidden299In the Babli 145a: “permitted”.. Samuel said, both for pickles and for preserves, both for their body or their fluid it is forbidden. Rebbi Ḥizqiah said, the statement of Rav disagrees with Rebbi Joḥanan. Rebbi Mana asked him, why? Because one said forbidden and permitted but the other said liable and not liable300R. Joḥanan notes that compressing fish for their body is rabbinically prohibited but creates no biblical liability while for its fluid it would be a biblical infraction, but Rav states that compressing pickles for their body is permitted, for their fluid does not create biblical liability.. Rebbi Abba bar Mamal said, if one crushed an onion, if it was to give taste it is forbidden, if to reduce its sharpness it is permitted301In the first case he creates on the Sabbath a kind of spice that did not exist before; this is rabbinically forbidden. In the second case where he takes already existing food and improves it, it is a permissible way.. Rebbi Zeˋira in the name of Rav Huna: One may hide a radish in salt on condition not to leave it there302It cannot stay until after the Sabbath since one may not prepare from the Sabbath for a weekday. Cf. Babli 108b.. Rebbi Zeˋira in the name of Rav Huna: [If there came]303The addition is from the quote of the sentence in Meïri ad 73b. his clothes from the tailor he may wear them; if they tore304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments. they tore. Rebbi Zeˋira in the name of Rav Huna: If his garments were entangled with thorns he straightens them out in a guarded place on condition that he not tear304Tosephta Eruvin 8:10 (Zuckermandel 11:11). He should not publicly be seen fixing his garments.. Rebbi Zeˋira said in the name of Rav Huna: If (he took) mortar [fell]305Reading נפל for נטל. on his garments he may rub it off with one hand, on condition that he not grind down. Rebbi Zeˋira in the name of Rav Huna: mint, one is permitted, three is forbidden, two is questionable306In the interpretation of S. Liebermann, crushing one mint plant is permitted, three already is professional work and forbidden. It probably does not mean that 1, 3, 2 people are involved in the work (cf. Babli 113a).. One who bathes, Rav Huna and Rav Jehudah. One said, so it is permitted and so it is forbidden307It is not spelled out what kind of washing is permitted and what is forbidden on the Sabbath since R. Zeˋira, whom we follow, only permits dunking oneself in the water but nothing else.. But the other one said, so and so it is forbidden. Rebbi Abba bar Zamina went bathing with Rebbi Zeˋira; he did not let him do either one or the other. If water fell on his garments. Rav Huna and Rav Jeremiah. One said, to shake it off is permitted, to rub it off is forbidden; but the other one switches308The problem is that it may wash the garment; cf. Babli 147a line 1 ff.. Rebbi Abba (bar)309Read: R. Abba in the name of R. Ḥiyya bar Ashi, as in the next sentence. Ḥiyya bar Ashi, one who spits absorbs it in his garment and does not worry310He puts his shoe on the spittle and crushes it. This is a problem on a dirt floor. Babli 121b.. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi, the Elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi disagreed. One said, one spits and crushes; the other said, one does not spit and crush. Where do they differ? If it is not on a mosaic floor311Greek ψῆφος, ἡ, “pebble, mosaic stone”, meaning a stone floor.. But if there is a mosaic floor he spits and crushes. If he spat and the wind carried it away he is liable because of winnowing; and for anything which is diminished by the wind312Since he wanted to spit, it is intentional. If then the wind carries it farther than 4 cubits in the public domain, he is liable. Similarly in other cases where he intentionally initiated the action. Babli Bava qamma 60a, Bava batra 26a. one is liable because of winnowing. “And who selects.” Rebbi Yudan said, one picks out pebbles the entire day and does not incur liability, and one takes the volume of a dried fig and immediately incurs liability. How is this? If he was sitting on top of a heap of grain and picks out pebbles the entire day, he does not incur liability313Since by sitting on top he cannot reach the lower parts of the heap, there will remain pebbles in the grain; the grain will not qualify as pebble-free and command a higher price on the market. Since in the Mishnah “selecting” was mentioned in preparation to milling, and grain with pebbles cannot be milled, his action does not qualify as “selecting” in the sense of the Mishnah. But taking a small quantity in his hand allows him to clear out all stones; this is “selecting” and biblically forbidden on the Sabbath. Babli 74a.; if he took in his hand the volume of a dried fig and picked out he is liable. 314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical. Rebbi Jonah asked, if he did this on the Sabbath, in the opinion of the House of Shammai would he be liable? Rebbi Yose said to him, why not? If he did it on the Sabbath would he not be liable according to the House of Hillel? And here he is liable. Rebbi Mana said, my father Rebbi Jonah said it correctly. It is a problem only for the House of Shammai. Why? Because the category of selecting was permitted on the holiday, nothing of the category of selecting was permitted on the Sabbath315The objection of R. Yose is pointless. There is no problem for the House of Hillel since they hold that selecting as a category is permitted on the holiday but forbidden on the Sabbath. But we do not know whether the House of Shammai hold the same and are rabbinically restrictive on the holiday more than the House of Hillel or whether they hold that selecting does not belong to the preparation of food but to preliminaries to preparation which are not exempted on the holiday and for which, therefore, the rules are identical on Sabbath and holiday. Since in his days, in the middle of the Fourth Century, the House of Shammai had disappeared for 250 years, no answer can be given.. 316Here starts a new Genizah fragment (G) edited by L. Ginzberg, p. 84.
The paragraph has a parallel in the Babli, 74a/b.
If one selected food out of food, Ḥizqiah said, one is liable; Rebbi Joḥanan said, one is not liable317It is somewhat difficult to understand Ḥizqiah’s position. What is biblically forbidden on the Sabbath is removing chaff from food, not food from chaff (except, as mentioned later in this paragraph, if the entire batch was cleaned, when there is no difference what was taken from where.) Biblically Ḥizqiah would have to forbid to remove the food one does not want to eat from the food one wants to eat; the other way would only be rabbinically forbidden.. A baraita disagrees with Ḥizqiah: He selects and eats, he selects and puts on the table318For immediate consumption. There is no difference whether one puts food in his own mouth or in others’.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac: explain it if guests were eating what was served. But was it not stated: On condition that he did not select all of its kind? In the opinion of Ḥizqiah, because one who selects (normally)319To be deleted with the other two sources. on the Sabbath is liable. In the opinion of Rebbi Joḥanan, because one who selects normally at (one) [another]320The text in brackets (following the other two sources) is the correct one. The “other place” is the Sabbath; the origin of this paragraph also is in Beṣah. Liability on the Sabbath can always be avoided by doing things in a decidedly unprofessional way; the mention of doing things “normally” is appropriate here. place is liable. In the opinion of Ḥizqiah, even rings among rings321String figs from a heap of string figs., even pomegranates among pomegranates. Or is it so, even people among people322Then it would be forbidden on the Sabbath to call people to read the Torah unless they had been selected beforehand. This we never heard.? How is this? Everybody agrees with that of Rebbi Immi. For Rebbi Immi had guests; he brought before them lupines323Greek θέρμος, ὁ. and beans324Greek φάσηλος, ὁ.. He told them, be careful to eat (the wood-chips)(the sticks) [the artichokes]325The first alternative is the conjectured meaning of the word in the Leiden text in Šabbat, the second word that of the Leiden text in Beṣah, the probably correct choice is the third, from the Genizah text, Greek κινάρα. If this reading is accepted, following S. Liebermann, then the statement is that on a holiday it is permitted to select anything for immediate consumption, even if there are no remainders, and eat a different dessert at the end. at the end. It was stated: One does neither select, nor grind, nor sift. He who selects, or grinds, or sifts, on the Sabbath is stoned. On a holiday he absorbs the 40326The 39 lashes which are the standard punishment for breaking biblical prohibitions for which no other biblical punishment is specified. The Babli disagrees and declares these activities only rabbinically prohibited on a holiday, cf. Tosaphot 95a, s. v. והרודה.
While preparing food is biblically permitted on a holiday as shown later in the paragraph, there is a dispute between the anonymous majority and R. Jehudah whether this includes preparations which could have been made the day before without impairing the quality of the food, which the majority prohibits and R. Jehudah and Rabban Gamliel permit. It is stated here that for the majority the prohibition is biblical, at least concerning preparations for baking.
. But did we not state327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”? Rebbi Ḥanina from Antonia said, this is Rabban Gamliel’s, for “Rabban Gamliel says, also he puts them in water and scoops off.” And (did we not state) [was it not stated]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets., in the household of Rabban Gamliel they were grinding pepper in their mills314This and the following paragraphs are from Beṣah 1:10 (י) and refer to Mishnah Beṣah 1:9: “The House of Shammai say, he who selects legumes on a holiday selects the food and eats. But the House of Hillel say, he selects normally, on his chest, or from a basket, or from a pot, but not on a table, nor with a sieve. Rabban Gamliel says, also he puts them in water and scoops off.” The House of Shammai permit only to pick out the edible parts and eat them directly. The House of Hillel hold that separating the beans from the chaff belongs to the activities permitted as preparation of food and in principle permit any kind of selection; they only require that it should not be done in a weekday fashion. They certainly will agree that the restrictions are purely rabbinical.? It is permitted to grind but forbidden to select. Rebbi Yose (in the name of Rebbi Ila) [ben Rebbi Abun]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets.: Grinding as a category was not permitted329Rabban Gamliel will agree that milling flour is biblically forbidden on a holiday; he will hold that grinding pepper in a peppermill is not professionally grinding and not something which may be done the day before without impairing the quality of the spice.. And from where that one may neither select, nor grind, nor sift? Rebbi (Yose) [Aḥa]328The text in parentheses from the Leiden ms. is inferior to that of the other two sources in brackets. in the name of Rebbi Simeon ben Laqish: No work shall be done on them up to and you shall guard the unleavened bread330Ex. 12:16–17. The text omitted by the quote “up to” permits preparation of food on a holiday, as quoted later in the paragraph.. (It was stated.)331This has to be deleted with the other two sources. Rebbi Yose asked, but did one not infer cooking only from there? Rebbi Yose did not say so, but Rebbi Yose in the name of Rebbi Simeon ben Laqish: Only what can be eaten by every person this alone may be made by you, up to and you shall guard the unleavened bread332There is nothing missing between the two quotes, so that the note “up to” seems to be superfluous. The meaning is explained in Tosaphot Beṣah 3a s.v. גזרה (at the end): vv. 16,17 form a unit: what can be eaten by every person this alone may be made by you, and you shall guard the unleavened bread. Any preparation of mazzah which requires guarding against possible leavening is permitted on the holiday, anything preceding this, i. e., mixing flour with water to make dough, is forbidden.. Ḥizqiah stated in disagreement333Against the Mishnah where the House of Hillel permit selecting. G ends here.: only, every, person, are diminutions, not to select, nor to grind, nor to sift on a holiday. 335This text also appears in Chapter 20 (17c line 35, noted 20; the Genizah text of Chapter 20 edited by J. N. Epstein is noted E). The parallel in the Babli is in 138a where the argument of R. Zeˋira is quoted in his name but the introductory statement is in the name of Rav Cahana. In Beṣah, the original author is Rav, not Samuel. This may be a lectio facilior since Rav Ḥiyya bar Ashi was a companion of Rav; but if Rav Cahana is Cahana, the stepson of Rav, it would represent a Babylonian tradition. Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Jonah and Rebbi Yose both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina336The coarser pieces. on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted337On a holiday, as shown later from Mishnaiot.
Here starts a new Genizah leaf (Ginzberg, p. 85).
. The category of selecting was permitted327Mishnah Beṣah 1:9. This is the version of the Mishnah always quoted in Halakhot.: “he selects normally, on his chest, or from a pot”. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging338Mishnah Šabbat 20:1. According to the anonymous majority on a holiday one may not put a filter on top of a barrel because this is an activity not covered by the general permission to prepare food, but if the filter already was in place one may filter wine on a holiday.”. But the category of sifting was not permitted. As Rebbi Ḥanina ben Yaqe said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve339This sentence, while it is at this place in all sources, does not belong here but at the very end of the paragraph where it answers to a question raised there. If flour had been sifted before but the housewife wants to sift it again on the holiday before using if for baking, she may turn the sieve upside down and use it with the sieve instead of being concave downwards being convex upwards. This is unprofessional and therefore not biblically forbidden even according to the opinion stated in the preceding paragraph that all preparations preceding making dough are forbidden on the holiday. Cf. Babli Beṣah 29b.. If you say it is because of sifting, it340Filtering. should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, (in truth) [also]341The text in parentheses is from the Leiden ms.; that of the other sources is in brackets. Both are possible. preparations for making food they permitted342Tosephta Megillah 1:7.. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve? “And who grinds.” He who pulverizes salt, clay shards, peppers, is liable because of grinding. He who cuts into little pieces chalk, gypsum343Greek γύψος, ἡ., chaff, sand, dirt, is liable because of sifting. He who kneads chalk, gypsum, dust, eye-salve344Greek κολλύριον, τό., plaster345Greek μάλαγμα, -ατος, τό., drugs, is liable because of making dough. One who makes dough, or kneads dough, or forms dough, all are because of making dough. Rebbi Abba bar Mamal asked, there346Mishnah Menaḥot 5:2. The shew bread has to be unleavened. Violating this rule at any stage of the preparation of the bread is a separate biblical violation for each stage. you say, “and he is liable for making its dough, and for its forming, and for its baking,” and here you are saying so? But there he has to divide for he is liable for each single one, but here347For the rules of the Sabbath, kneading the dough and forming it into the required shape count only as one liability. he is liable only once. You see that baking is a derivative of cooking, and you are saying so? But it was stated here since we are stating the order of the dough348In Mishnah 2, one would have expected “cooking” to be listed as the name of the category; for it is the more widely applicable notion, and baking as derivative. But since the Mishnah is organized in describing the making of the shew-bread (Note 4) the category of cooking is labelled “baking”. Babli 74b.. He who burns potter’s350Reading קדר “potter” for unexplained קרד. clay, softens glass351Following G, reading Greek βῶλος, ἡ, “lump, clod”., melts pitch, melts 352This word is unexplained. In other contexts, מוסר is “one who delivers; informant”. Cf. Greek μίσυ, -υος and -εως, τό, “copper ore from Cyprus” (E. G.).מוסרין. Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: One who melts down lead is liable because of cooking353Babli 106a, Yebamot 6b.. One who roasts, or who fries, who preserves by cooking, or by smoking, all these because of cooking. If somebody cooked in the hot springs of Tiberias, what354Cooking in hot springs may be forbidden rabbinically; it cannot cause liability. Babli 40b.? Ḥizqiah said, it is forbidden; Rebbi Joḥanan said, it is permitted. Rebbi Mana said, I went to Caesarea and heard Rebbi Zeriqan in the name of Ḥizqiah; for Ḥizqiah it was a problem: what if the Passover sacrifice was cooked in the hot springs of Tiberias355The question is quite difficult since the Passover must be slaughtered in the Temple and roasted and eaten nearby. The question is really if the Passover was treated by what biblically is not cooking before being roasted, whether this invalidates the sacrifice.? Two Amoraim, one said, it is forbidden; the other said, it is permitted. He who said, it is forbidden, do not eat from it raw, nor cooked in water356Ex. 12:9. The first part of the verse invalidates the sacrifice heated by hot water.. But he who said, it is permitted, but only roasted in fire, its head with its feet and its innards357The second part of the verse validates it if the formal preparation was roasting over an open fire.. All these measures358The general principle underlying the minimal amounts which create liability as explained in the later Mishnaiot of this Chapter and the following Chapters., if for food, in the volume of a dried fig, if for an animal, the mouthful of a kid goat, if to cook, to cook a quick egg359A chicken egg., [ ]360In the Leiden ms. there is no lacuna here, but in G one reads … לתבל ביצ ..… This supports the reading in Or zaruaˋ Šabbat §62: אִם לָתַבֵּל כְּדֵי לָתַבֵּל כֵּיצָה קַלָּה “if to spice, enough to spice a quick egg”., if to weave, the length of a double siṭ361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ., if to spin, the width of a double siṭ. “He who shears wool.” If he shore without specification,361Both Mishnah 7:2 and 13:1 state that liability is created if one weaves two threads. The minimal length of a thread is defined here as a double siṭ, but in Mishnah 13:4 as one siṭ (a hand-breadth, the width of four thumbs). The text here cannot be changed since “double” is clearly visible in G and is quoted in Or zaruaˋ. what? Let us hear from the following: If one brought out ink, if it was in a reed362Greek κάλαμος, -ου, m., Latin calamus,- i, m., in order to write two letters, if to correct, enough to correct one letter363Writing on the Sabbath creates liability if it may make sense, which means that a word may be formed, or at least two letters. But in correcting, changing a single letter may change the meaning of a word. Therefore if the specific intent was for correcting, the general rule (Mishnah 3) is superseded by a more restrictive one. Similarly here, specific intent in shearing may reduce the amount which creates liability; the absence of specific intent cannot reduce it.. There, we have stated364Mishnah Bekhorot 3:3. Slaughter of a wooly animal cannot be made through thick wool since the fleece might deflect or damage the knife, which would make the slaughter invalid and the animal into carcass meat. Therefore it is necessary to clear some area for the slaughter. It is biblically forbidden to shear a firstling (Deut. 15:19). The Mishnah states that tearing out hairs from the animal’s fleece is not shearing.: “He who slaughters the firstling makes space for the dagger on both sides and tears out the hair, but he should not move it from its place. Similarly, he who tears out hair to see a defect365Which would make the firstling secular property of the Cohen, (Deut. 15:20)..” Rebbi Ila in the name of Rebbi Simeon ben Laqish: One who tears out hair from a dedicated animal is not liable366As the Sabbath is concerned, this is unprofessional and therefore does not create liability while still being forbidden.. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish follows his own opinion, as they disagreed: If one tears out hair from a dedicated animal, Rebbi Joḥanan said, he is liable367As illegitimate use of dedicated property.; Rebbi Simeon ben Laqish said, he is not liable. Rebbi Jeremiah asked, is not Rebbi Simeon ben Laqish’s reasoning inverted? Since they disagreed368The previously recorded disagreement with R. Joḥanan has to be reconciled with the generally accepted Tosephta which follows.. “One who tears out a wing of a bird, who plucks it, and who cuts it is liable under three [categories].369Tosephta 9:20.” Rebbi Yose ben Rebbi Abun said, they370The two opinions of R. Simeon ben Laqish, that tearing out hairs from a four-legged animal does not create liability but tearing out feathers from a bird does. do not disagree. He who tears out is liable because of shearing; he who plucks out is liable because of wiping clean; he who cuts it is liable because of hitting with a hammer. But it cannot be compared; for a bird which has no shearing, tearing out is its shearing371Babli Bekhorot 25a.. But here372In the case of the four-legged animal. he is not liable unless he sheared. You should know that this is so since it was stated: If he tore from a dead animal he is liable since tearing is its shearing. “Who bleaches it.” He who impregnates wood for vessels and ropes for a windlass373For נחבלין אליקה in G one reads חבלין אל יקה. The translation, which is tentative, is based on Liebermann’s emendation to read וחבלין לאליקה reading the last word as Greek ἕλικα, accusative of ἕλιξ (identified by Jastrow).. This woman who painted her face red374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting. and painted her spindle red375As advertisement that she was available for prostitution. In all these cases, the statement that she is liable for painting is missing. The full text is quoted by some Medieval authors, e. g. Roqeaḥ Šabbat 68 (but he reads, “she paints her coat red”.. This tailor who took a thread into his mouth376The commentaries explain that he does this to bleach the thread.. Rav Cohen in the name of the rabbis of Caesarea: Asbestos377Greek ἀμίαντος, -ον, “pure” (adj.); ὁ ἀμίαντος λίθος, Latin amiantus “asbestos”. There is bleaching and dying for mineral material. is liable because of bleaching. “Who cards it.” He who cards date palm fiber, papyrus, is liable because of carding378Even though these are not textiles. Date palm fiber is lifa in Arabic.. “Who dyes it.” What kind of dying was in the Tabernacle? They were clobbering an animal for red skins of rams379Ex. 25:5, 26:14.. Rebbi Yose said, this implies that he is liable who causes a wound which results in echymosis380If the blue spot stays blue more than 24 hours.. He who colors his lips red is liable374In the Babli 95a this is characterized as R. Eliezer’s opinion and is not practice since it is only temporary painting.. He who causes bleeding, because of taking away life force at that place381Lev. 17:11. This does not refer to slaughter which is mentioned separately in Mishnah 3, but to a non-lethal wound. Babli 75a/b.. He who makes a shape, the first one is liable because of writing and the second one because of dying382Assuming that the first person draws an outline and the second fills it with color. The Babli 75b notes that if the object is decoration of the vessel, he also is liable because of “hitting with a hammer”.. If he left out a limb and another came and finished it, he is liable because of hitting with a hammer7A name for the formal end of any production process.. Wringing and washing are the same category of work. It was stated: Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa says, the dyers in Jerusalem made wringing a separate category of work. In the opinion of Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa, there are 40 categories of work383Since it is not listed separately in the Mishnah.. Should we state this? We come to state only items to which everybody agrees. One who makes ropes. The one who twines them is liable because of spinning384The Babli 95a rules that braiding women’s hair is building.. One who makes basket work of reeds385The translation follows Levy; it is tentative., sieves, bast mats, is liable because of weaving. A woman when she prepares the loom, because of preparing. When she fastens the web,386The word in the text is unexplained. The translation follows R. Ḥananel who in his Commentary to 75a reads קירומה, which is interpreted as Greek καίρωμα, -ατος, τό. This is derived from καῖρος, ὁ, “row of thrums in the loom, to which the threads of the warp are attached” and the corresponding verb καιρόω “make fast these threads”; καίρωμα therefoe means “web so fastened”. because of tying threads. When she erects [the loom], because of building. When she hits387She pushes down the threads of the woof; this is the essence of weaving., because of weaving. When she cuts the threads, because of cutting. When she finishes her work, because of hitting with a hammer. One who makes boxes, when he starts, because of preparing. When he tailors388This is the only occurrence of חייט used as a verb. G reads “acting as cutter”, cf. شرط “to cut, to tear”., because of sewing. When he bends, because of building. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. One who makes bed-sheets389A conjectured meaning of מלין ערסװן “contents of beds”. Or zaruaˋ Šabbat 64 reads an unexplained ערסמו. G treats מלין and ערסװן as two different objects and has for both of them the full list of operations. J. Sussman reads in G not מלין (Ginzberg’s reading, unidentified as an object) but סַלִּין “baskets”., lengthwise because of preparing, crosswise because of weaving. Grating, because of tying threads. When he cuts, because of cutting. When he finishes his work, because of hitting with a hammer. There are two warp threads per peg and two pegs for each warp thread390The pegs are on top and bottom of the loom, holding the threads of the warp.. “He who weaves two rows, who hits two threads, who ties, and who unties.” 394This paragraph and the next are also in Chapter 15, on Mishnah 15:1 (15), What tying was in the Tabernacle? They were tying down the ropes395Needed to tie the gobelins which formed the lowest part of the roof to the posts. Mentioned Ex. 35:18. Babli 74b.. But was this not temporarily396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., was it like temporarily? Rebbi Yose [ben Rebbi Abun]398From G and 15, confirmed by Or zaruaˋ Šabbat 67. said, since the Holy One, praise to Him, has promised them that he will bring them into the Land, it is as if it were (temporary) [permanent]399The text in (parentheses) is that of the corrector of the Leiden ms. and the scribe in 15, the one in [brackets] is of the original scribe here, the corrector in 15, and G. Since the Tabernacle was finally fixed at Shilo, there the ties were permanent. The other argument notes that while the times of disassembly of the Tabernacle were not predictable, the fact of future disassembly was a certainty; these ties were not permanent.. Rebbi Phineas said, they learned it from the gobelin sewers. If [a thread] broke, he was tying it. If it broke again, it was impossible to make many knots but he would untie the first one400Therefore both tying and untying happened during the construction of the Tabernacle and are correctly mentioned in the list of Sabbath prohibitions.. Rebbi Ḥizqiah said, an expert tailor merges the two heads401The previous argument is not convincing. An expert in invisible mending can connect the threads without a knot being noticeable.. And where was this said? As Rebbi Yose ben Rebbi Ḥanina said, they learned it from the weavers of the gobelins. What is the reason? The length of one gobelin402Ex. 26:2. To form a single unit, a gobelin could not have a broken thread even temporarily., that it should be an entity403For reasons of chronology, the [reading] of G is to be preferred over that of the (Leiden ms.) here and in Chapter 15.. If [a thread] broke, he was tying it. When he came to the weave, he untied it and brought it in. Rebbi Tanḥuma in the name of (Rav) [Rebbi]404For the purposes of the construction of the Sanctuary everything had to be perfect; no broken threads to be repaired. The only possible explanation remains the first one. Ḥuna: Even on its warp there was neither knot nor connection405A scribal error.. Rebbi Hoshaia stated, a basket of palm leaves for dates or a plate407Greek πάτελλα, ἡ. of palm leaves one may tear and open, only one may not tie408Chapter 6, Note 41. Here ends the parallel in Chapter 15.. Is this not untying? It is like one who breaks an amphora to eat dried figs409It is permitted in Mishnah 22:3 to break a sealed amphora to reach the food contained in it, on condition that one not intend to make a vessel out of the shards.. The handles of a double sack410Greek δισάκκιον, τό. one may tie and untie. It is as if one opened or locked on the Sabbath. 411This paragraph is from Kilaim 9:7 (Notes 162–167,כ); its topic is kilaim, the prohibition to wear linen and wool together, in particular the problem how many stitches it needs to connect linen and woolen cloth to constitute a violation of the prohibition. Only at the end is a connection made with the laws of the Sabbath. Rebbi Ḥanina said, not until it comes down an entire side412For him woolen and linen cloths create kilaim only if a full seam was sown. This contradicts the Mishnah quoted next.. Rebbi Yannai said, say to Rebbi Ḥanina, get out and read! Did we not state413Mishnah Kilaim 9:10., “if the two ends appear on the same side”? That means, only if it goes up and down and up. And did we not state, “Rebbi Jehudah says, only if there are three needle stitches”? That means that [the thread] goes down, and up, and down. But so and so414Either one follows the rabbis or R. Jehudah; in no case does one need more than three stitches.. A thread drawn through by means of a needle, even if it has a knot on each side, is no connection for cloth. The thread is a connection for cloth but not for the needle415If one stitch has been made and now the needle is sticking in the cloth, this does not count since the needle will eventually be removed. In order to create kilaim, the thread alone must cross the cloth three times, for two stitches.. Rebbi Jonah and Rebbi Yose both say, only if it is knotted on both sides. The words of the rabbis disagree since Rebbi Abba, Rav Jeremiah said in the name of Rav: He who straightens out the sides on the Sabbath416According to Maimonides (Šabbat 10:9), it is the regular procedure in sewing a garment that when a seam is sewn the two sides are stretched to be equal before the thread is knotted. Babli 95a. is liable because of sewing. He should have said, because of sewing and tying knots. Tearing applies to textiles and cutting to hides417In Mishnah 2, cutting cloth to prepare for sewing is forbidden as “tearing”. In Mishnah 3, cutting hides is forbidden as a different category. What is the rationale behind this double count, and does “tearing” only apply to textiles and cutting to hides and leather?. Tearing in the middle and cutting from the sides. There are some who switch, tearing of hides and cutting of textiles. Tearing of hides, those soft ones, and cutting of textiles, felt. 3418Here starts discussion of Mishnah 3. Babli 75a.. One who catches a purple snail and crushes it. There are Tannaïm who state that he is liable twice. There are Tannaïm who state that he is liable only once. He who says twice, one because of catching and one because of depriving of life. But he who says once, this is because of depriving of life. Does he not have catching419The scribe wrote: Does he not have catching? He does not have catching! The second sentence was unnecessarily deleted by the corrector. The only animal hides used for the construction of the Tabernacle were those of rams, which are domesticated and do not need to be caught, and the taḥaš, whose nature is in doubt. It is not quite clear what is being proved here. Either the emphasis on the taḥaš being a pure animal implies that only catching wild pure animals is a violation, or, since the taḥaš was a temporary phenomenon, it does not imply anything for later generations and no catching of wild animals is a Sabbath violation.? 420The following is from Chapter 2, Notes 111–114. It comes like what Rebbi Eleazar ben Rebbi Yose, Rebbi Abbahu, Rebbi Simeon ben Laqish in the name of Rebbi Meïr said: The Holy One, praise to Him, created for Moses in the desert a kind of pure animal. After the work of the Tabernacle had been finished it was hidden. Rebbi Abun said, its name was qereš. Rebbi Hoshaia stated, a unicorn. It is preferable to the Eternal to a cattle ox which sprouts a horn and has split hooves421Ps. 69:32.. It is written, it sprouts a horn. “Who slaughters it.” Rebbi Simeon ben Laqish said, there is no slaughter here; slaughter is a derivative of wounding. And why was it (not)422It seems that this word should be deleted; it is not in the quote of the sentence in Or zaruaˋ (II §72). stated with it? Only because we stated the proceedings of a meal it was stated with it. “Who tans it.” What tanning was for the Tabernacle? They were drafting on them. What were they drafting on them? They were drawing lines with a ruler423Since the hides were used as roofing, there is no indication that they had been shaved off and were tanned. The answer is that in order to be cut to size, they had to be tanned so that at least in the interior lines could be drawn to guide the cutter.. 424It seems that this sentence is misplaced here and belongs to the preceding discussion of the taḥaš, considering the unicorn as a non-kosher animal and stating that nevertheless the Tent of Meeting was covered by its hides. It follows that what Rebbi Samuel said in the name of Rebbi Abbahu, it is permitted to make tents from the hide of an impure animal. “Who rubs it clean5To remove both hair outside and remainders of flesh inside to prepare for the tanning process which turns hide into leather..” What kind of erasure was in the tabernacle? Zeˋir bar Ḥinena in the name of Rebbi Ḥanina: They were rubbing the hide425The hides used to makes the covers of the Tabernacles, to clean them from all remainders of flesh clinging to the insides. on a pillar. One who rubbed hide clear on a pillar is liable. For what is he liable? Rebbi Yose in the name of Rebbi Jehudah ben Levi, Rebbi Aḥa in the name of Rebbi Jehudah ben Levi, because of rubbing clean. That is, if it is new. But if it be old426And rubbing will not change the nature of anything., it is the disagreement between Rebbi Eliezer and the Sages. Since they disagreed427Tosephta 9:13, Babli 95a.: “One who sweeps, who sprinkles428He sweeps or sprinkles water on a dirt floor. For R. Eliezer it is forbidden since he might fill in uneven spots in the floor. For the Sages representing R. Simeon this would be an unintended consequence which never creates liability., who makes cheese429According to a Geonic commentary quoted in Arukh, “who makes hard cheese.”, who makes butter430Definition of Arukh. Rashi: He makes soft cheese and lets it separate from the whey., who milks, and who takes down honeycombs, is liable for a purification sacrifice. But the Sages say, it is because of Sabbath rest431Rabbinic restrictions..” Rebbi Yose ben Rebbi Abun said, they do not disagree. He who sweeps, who sprinkles, is liable because of threshing. He who makes cheese, who makes butter, is liable because of kneading. He who milks, and who takes down honeycombs, is liable because of harvesting. He who squeezes budding olives is liable because of harvesting. Who needs this? Rebbi Eliezer432Since these have no oil, they are squeezed to make them edible as fruit which is permitted for R. Simeon.. He who files off heads of poles is liable because of cutting433Babli 75b. He who applies salve on a wet bandage434Latin splenium, -ii, n.. is liable because of rubbing clean. “If one erased a big letter where there is space to write in its stead two letters, he is liable. If he wrote one large letter even though there is space to write in its stead two letters, he is not liable. Rebbi Menaḥem ben Rabbi Yose says, this is more serious about him who erases than about him who writes that he who erases in order to correct is liable but he who writes in order to spoil is not liable.435,Babli 75b, Tosephta 11:9–10.436In general, any action to spoil does not create liability. In this particular case, if a single letter was erased so that there is no longer a recognizable lexeme it is spoiling. But correcting a single letter so that what was not a word now is one creates liability.” It may happen that one writes a single dot and is liable for it because of writing and because of erasing; it may happen that one erases a single dot and is liable for it because of writing and because of erasing. How is this? If it was a ד and he makes it ר ,ר and he makes it ד; he is liable because of writing and because of erasing437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). 4. What building was at the Sanctuary? They were putting the planks on top of the bases437If both the words with ד or with ר make sense. Babli 104b. (The original text of the Leiden ms. reads: “one writes a single dot on top”, “one erases a single dot on top”; the words “on top” were erased by the corrector, but they are quoted in Or zaruaˋ II §77, Roqeaḥ 86.). But was this not temporary396Tying a knot or untying is a Sabbath violation if the knot is intended to be permanent. Since the ropes had to be untied when the Tabernacle was transported, tying and untying could not be Sabbath violations.? Rebbi Yose says, because they were camping and travelling by the Word397By Divine order. Since tying and untying was not a decision humans could make; it could as well be considered permanent. In 15 this is a declarative sentence; it is the equivalent of being permanent. Babli Eruvin 55b., it was as though permanent. Rebbi Yose ben Rebbi Abun said, since the Holy One, praise to Him, has promised them that He will bring them into the Land, it is as if it were permanent. This implies, a temporary building is a building. This implies, even from the side438Since the planks were simply put into the bases without either mortar or screws, putting them up was not professional work. “From the side” is a general expression for “nonprofessional”.. This implies even if was put on top of something else. Does it imply that building on implements is building439This would forbid even putting a pot on top of another pot to keep food warm.? The bases are like soil440The planks are never put into the bases unless the latter are firmly stuck in the ground; it is as if the walls of the tabernacle were set into the soil.. It was stated441Tosephta 11:1, Babli 102b, with different attributions.: “If one brings the stone and another one the mortar, he who brings the mortar is liable. Rebbi Yose says, both are liable.” Rebbi Yose is of the opinion that stone without mortar is building442A common Roman building method.. Everybody agrees that if one put up mortar first and someone then brought stone that he is liable. “The builder who set the stone on top of the row443Latin domus, -ūs, f., Greek δὁμος. is liable.444Continuation on the Tosephta. The fact that it needs a skilled craftsman to exactly adjust the stone even if no mortar is used makes it forbidden Sabbath work.” For whom is this needed? For the rabbis445Who in general require mortar as a sign of building activity, but not in this case.. One who put up planks and one who put up adobe walls is liable because of building446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. “And who tears down,” but only for a need446As the Mishnah stated, tearing down only creates liability if it is for the purpose of building anew.. Rebbi Ḥama bar Uqba in the name of Rebbi Simeon ben Laqish: he who braids a palm-leaf basket is liable because of building447The rule that there is no building with vessels does not mean that there is no building of vessels. The Babli 75b has a completely different understanding of R. Simeon ben Laqish’s statement: “He who decorates a vessel or blows a glass vessel is liable because of “hitting with a hammer.”. Rebbi Ila in the name of Rebbi Simeon ben Laqish: he who blows a glass vessel is liable because of building. The rabbis of Caesarea in the name of Rebbi Simeon ben Laqish: There are things which are close but far away; and there are things which are far away but close448There are very diverse activities which are classified under the same category for the Sabbath, and there are distinct categories which may be represented by the same abstract definition, as explained in the sequel.. He who braids a palm-leaf basket, and he who blows a glass vessel, and he who makes a vessel in a form449Greek τύπος, ὁ. The vessel is cast., all are because of building. He who selects, who filters450R. David Fraenckel points out that “filtering” should be replaced by “winnowing” since filtering was reduced to either selecting or sifting (Note 325). But selecting, winnowing, and sifting are three similar activities but listed as three different categories (“close but far away”) whereas the very different activities in fabricating vessels mentioned in the preceding sentence are all classified under the same heading (“far away but close”)., and who sifts, all because of removing waste. Each of them is separately liable451Since they are separately listed in the Mishnah.. And why was handing over not stated with them452Why were the transactions described in Mishnaiot 1:1–2 not mentioned in the list of forbidden actions?? Rebbi Simon in the name of Rebbi Joshua ben Levi: Because of the disagreement of Rebbi Aqiba and the Sages453In Mishnah 11:1, one who throws from one private domain over a public domain into another private domain, R. Aqiba declares liable but the Sages do not. There is no universally accepted definition of “handing from one domain to another.”. Rebbi Ḥizqiah, Rebbi Jehudah ben Levi, Rebbi Joshua ben Levi in the name of Rebbi: In addition, there is handing over. And why was it not stated with them? All categories of work involve one, and this one two454Since the numerals are in the feminine, they refer to domains, not to persons, as noted by R. David Fraenckel.. All categories of work have derivatives, but this has no derivative. MISHNAH: They said another principle. Anything which can be preserved and one preserves its kind if he took it out on the Sabbath he is obligated for a purification sacrifice because of it9One starts to detail the rules of the category mentioned last. The biblical prohibition is restricted to valuables. However, if a person considers valuable what for others is not, the item becomes biblically forbidden to him for transport., but for anything which cannot be preserved and one does not preserve its kind, if he took it out on the Sabbath only the one who preserves is obligated. HALAKHAH: 5. Rebbi Ḥuna in the name of Rebbi Eleazar: This455The statement in Mishnah 5 that “anything which cannot be preserved and one does not preserve its kind, if he took it out on the Sabbath only the one who preserves is obligated.” What is anything which cannot be preserved? has been said for idol worship. Rebbi Joḥanan said, this has been said for things forbidden for usufruct456While idols and their appurtenances also are forbidden for usufruct, the reasoning which would apply the Mishnah to idols applies to anything forbidden for usufruct.. Rav Ḥisda said, this has been said for minimal quantities457In his opinion, anything less than the amounts stated in the following Mishnaiot is not enough to be preserved; the Mishnah does not refer to any particular set of things.. There are Tannaim who state, he is liable for a purification sacrifice. There are Tannaim who state, a minimal amount458Anybody who preserves something which generally is discarded makes it important for himself. Therefore for such a person the minimal amounts stated before do not apply but he is liable for taking out even the most minute amount as long as he preserves this amount by itself. This argument is possible only for R. Eleazar and R. Joḥanan and conforms to R. Simeon’s position in Mishnah 8:1.. He who said he is liable for a purification sacrifice supports Rav Ḥisda. He who said a minimal amount supports Rebbi Eleazar and Rebbi Joḥanan. The rabbis of Caesarea in the name of Rebbi Yose bar Ḥanina: For example, the wad which she prepared for her menstrual period461Mishnah Meˋilah 4:6. Mishnah 3 had stated that materials whose minimal sizes for impurity are different do not combine for impurity. Mishnah 6 states an exception, viz., that materials that may be used to make chairs or beds do combine; similarly to what was stated for the rules of the Sabbath combination material follows the rules of the material which requires a larger minimal amount.
Cloth becomes impure in general if it is at least (3 thumb-widths)2 wide, but indirectly if a person who is a source of impurity sits on it (מִדְרָס) only by (3 hand-widths)2. The minimal size of a piece of sack-cloth for impurity is (4 hand-widths)2, for leather it is (5 hand-widths)2, and for bast mats (6 hand-widths)2. According to R. Simeon any of these materials if made specifically as a seat becomes impure in the size of (1 hand-width)2; for him the problem does not arise since he accepts impurity of combined material only for מִדְרָס.
. MISHNAH: One who brings out straw filling the mouth of a cow, wood shavings filling the mouth of a camel, grain10Cut grain with stalks and hulls. filling the mouth of a sheep, grasses filling the mouth of a goat. Moist garlic leaves and onion leaves the volume of a dried fig11Palestinian dried figs of which the large ones would only qualify as medium sized in other countries (Mishnah Kelim 17:7)., if dry filling the mouth of a goat; they are not combined since their measures are not identical. One who brings out foodstuffs in the volume of a dried fig; they are combined since their measures are the same except for their shells, and their pits, and their stalks, and their grit, and their bran. Rebbi Jehudah says except for pods of lentils which are cooked with them. HALAKHAH: Rebbi Jonah, Rebbi Yose the Galilean in the name of Rebbi Yose ben Ḥanina: The more restrictive completes the less restrictive but the less restrictive does not complete the more restrictive460In Mishnah 6, related items have different minimal amounts which trigger liability. Any material which has a smaller threshold is added to one which has a larger one to be counted with it but not vice versa. If a person carries grasses and straw together, the entire load follows the rules of straw since the latter requires the volume of a cow’s mouth whereas the former already is a load by the volume of a goat’s mouth which is smaller. Babli 76a.. Grasses complete straw; straw does not complete grasses. There we have stated461Mishnah Meˋilah 4:6. Mishnah 3 had stated that materials whose minimal sizes for impurity are different do not combine for impurity. Mishnah 6 states an exception, viz., that materials that may be used to make chairs or beds do combine; similarly to what was stated for the rules of the Sabbath combination material follows the rules of the material which requires a larger minimal amount.
Cloth becomes impure in general if it is at least (3 thumb-widths)2 wide, but indirectly if a person who is a source of impurity sits on it (מִדְרָס) only by (3 hand-widths)2. The minimal size of a piece of sack-cloth for impurity is (4 hand-widths)2, for leather it is (5 hand-widths)2, and for bast mats (6 hand-widths)2. According to R. Simeon any of these materials if made specifically as a seat becomes impure in the size of (1 hand-width)2; for him the problem does not arise since he accepts impurity of combined material only for מִדְרָס.
: “Cloth and sackcloth, sackcloth and leather, leather and bast matting combine with one another. Rebbi Simeon says, because they are apt to become impure as seats.” Rebbi Jeremiah asked, one understands that they combine for seats since as seats they equally are by a hand-width. From where in היסק462The expression הֶסֶּק is essentially unexplained. At its first occurrence it was inserted by the corrector who wrote this word instead of the scribe’s שוחק “pulverizing”; at the other occurrences it is the scribe’s. Liebermann conjectures that one should read שַׁבָּת “the Sabbath”. This would make sense the first time but not in the following sentences. The related form הַסָּקָה “heating” (in the Yerushalmi, Pesaḥim 3:4 הסיקה; as verb later in Mishnah 12:1 להַסִּיק “to heat”) is derived from Aramaic סוק “to ascend, climb”; it means “to make rise (the flames)” and clearly is inappropriate here. Very tentatively I am proposing to translate הֵסֵק as “load” from Accadic asāqu, ašāqu “to load, distribute” Arabic وسقة “load”.? Rebbi Ezra said before Rebbi Mana, because they are equal in היסק. He told him, we are asking about taking out and you are saying היסק463This seems to be excluded by the Mishnah, which indicates varying loads.? Rebbi Eleazar bar Yose said before Rebbi Yose, because they are equal in היסק. He said to him, should we state, taking out a small cup464The meaning of this sentence is totally obscure.? Rebbi Ḥanania said, meat completes bone pieces, bone pieces does not complete meat465The minimum allowed for bone (Mishnah 8:6) is larger than that for meat. It would be possible to translate פיסתה as “slice of bread” but since both meat and bread are human food their minimum is the volume of a dried fig and therefore they combine.; grasses complete straw, straw does not complete grasses. Rebbi Hoshaia stated: If one took out straw for a cow filling the mouth of a cow, took out straw for a goat filling the mouth of a goat, he is liable466Even though it is questionable whether goats eat straw; Babli 76a (in the name of R. Simeon ben Laqish).. Rebbi Ila said that Rebbi Joḥanan asked, if one took out food for a sick person filling the mouth of a sick person, should he be liable467If the sick person is unable to eat the full volume of a dried fig. The amounts quoted in the Mishnah are fixed quantities.? Rebbi Hoshaia agrees that if he took out straw for a cow filling the mouth of a goat that he is not liable; for you should not think that just as he has it for restriction he also has it for leniency468As the text stands it is a triviality and the reference to leniency is unexplained. The parallel in the Babli states that a cow’s mouthful of straw even if taken for a camel creates liability, a goat’s mouthful does not. But the Babli should not be used to interpret the Yerushalmi in the absence of supporting evidence.. Rebbi Abun bar Ḥiyya asked, think of it if the dish was not the volume of a dried fig. Does the volume of a dried fig cancel the volume of a dried fig469This seems to refer to onion- and garlic leaves, where the volume of a dried fig is much too large when these are used as spices. Since onion and garlic leaves give taste in small quantities, their minimal amounts should be much smaller than indicated in the Mishnah. The Mishnah can refer only to onion or garlic as main dish.? Zeˋir bar Ḥinena in the name of Rebbi Ḥanina: This is what you are saying for red ones. But black ones are separated470This refers to R. Jehudah’s statement about lentils cooked in their pods. His statement is acceptable only for fresh lentils, not for dry ones whose pods have become indigestible.. MISHNAH: One who brings out wine to mix a cup1As explained in the Halakhah, the normal size of a cup is an Italic quartarius, 0.133 1 or 4.5 US fl. oz. Wine was never drunk unmixed; the standard is one part of wine for three parts of water. This makes the volume of wine needed for one cup 0.0331 1 or 1 1/8fl. oz., milk for a sip, honey to put on a sore spot, oil to anoint a small limb2A small limb of a newborn baby., water to mix eye salve3Chapter 7, Note 344., and all other fluids by a quartarius, and all waste water by a quartarius. Rebbi Simeon says, all are by a quartarius; these measures were said only for those who store them4He holds that people do not store a volume less than a quartarius of any fluid; therefore smaller amounts create liability only for persons who would store smaller amounts. Cf. Chapter 7, Note 458.. HALAKHAH: 23The origin of this text is in Pesaḥim10:1 (37c l. 14,פ) and for the later parts Šeqalim 3:2 (47b l. 54,ש). This paragraph also is copied later in Chapter 18 (16c l. 15, 18) The Šeqalim text was added by a corrector from a different source; readings of this text are given only for the first paragraph since while the texts here and in Šeqalim clearly derive from a common source, the actual texts are not copies of one another.
The question is about the minimal amount of wine one is obligated to drink at the Passover Seder where four cups are prescribed (cf. the author’s The Scholar’s Haggadah, Northvale 1995, pp. 185–190.)
“One who brings out wine to mix a cup,” etc. Rebbi Zeˋira asked Rebbi Joshiah, what is the measure of cups? He told him, let us infer the hidden from the explicit since Rebbi Ḥiyya stated, the Four Cups which they said add up to an Italic quartarius of wine24Since the total volume of wine in 4 cups is one quartarius, for a single cup one needs 1/4 quartarius of wine and 3/4 quartarii of water. Similarly Babli 76b, Pesaḥim 108b.. There, we have stated25Mishnah 18:1. If one needs space in his storage area to accommodate visitors or students he may make space even if it involves considerable effort.: “One removes four or five baskets.” Rebbi Zeˋira asked Rebbi Joshiah, what is the measure of baskets? He told him, let us infer the hidden from the explicit since we have stated there26Mishnah Šeqalim 3:2. The Temple tax, half a šeqel of silver coin, was collected in a separate room. Three times a year three baskets full of silver coins were removed from there to pay for the public service in the Temple.: “The contributions for the Temple were removed in three baskets of three seah27One seah is 24 log (of 4 quartarii each) or 12.8 l ; a Roman urna. each.” Rebbi Yose ben Rebbi Abun said, it28The Mishnah which determines the minimum amount of wine which creates liability for wine as the quantity needed to mix a cup, and water to mix eye salve. is Rebbi Jehudah’s. As it was stated29Probably a misquote from a baraita similar to Tosephta 8:10 which among other items states “One who brings out wine for a gulp, Rebbi Jehudah says to mix a cup. Water for a gulp, Rebbi Jehudah says to mix eye salve.” In both instances the anonymous Mishnah proclaims what the Tosephta states as R. Jehudah’s opinion. “Water, a gulp30Half a quartarius (cf. Eva and H. Guggenheimer, תרטימר בשר, Sinai 81 (1971), p. 191; Sanhedrin Chapter 8, Note 15), twice the amount permitted by R. Jehudah.; Rebbi Jehudah says, for mixing a cup. Wine, a gulp; Rebbi Jehudah says, for mixing a cup.” 31This paragraph also has a parallel in Šeqalim, in somewhat different formulation and attributed not to R. Yose ben R. Abun but to R. Yose ben Vivianus. Mixed by how much? Let us hear from the following: “Water. a gulp; Rebbi Jehudah says, for mixing a cup. Wine. a gulp; Rebbi Jehudah says, for mixing a cup.” This implies even many cups32This does not make sense. The correct text seems to be from Šeqalim: “mixed for a cup”. Since the baraita also noted that wine creates liability in the amount of a gulp it implies that the reference is not to unmixed wine, which was not considered a drink of civilized people, but mixed wine. Therefore both for water and for wine the amount is a quarter of a quartarius.. What is the measure of cups? Rebbi Abun said, τέταρτον is a quarter33S. Liebermann has shown that because ה no longer was pronounced in Galilee, וּרְבִיעַ has to be read as הוּא רְבִיעַ. The basic measure is a quartarius, a quarter of a log (sextarius).. May one drink them34The Four Cups of wine prescribed in the Seder night. Normally the first cup is for Qiddush, the benediction welcoming the holiday, the second cup comes after recitation of the story of the Exodus from Egypt, the third cup after the meal, and the fourth after finishing the recitation of Hallel, Ps. 113–118. together? Since Rebbi Joḥanan said about Hallel, if he heard it in the synagogue he has fulfilled his obligation35In a congregation where men are illiterate and cannot present to their families the text preceding the second and fourth cups, the reader in the synagogue may read for them the Psalms of Hallel; then they go home and drink the Four Cups and so have minimally fulfilled their obligations., this implies that if he drank them together he fulfilled his obligation. May one drink them with interruptions36It is noted elsewhere (cf. Note 30) that the civilized way of drinking a standard cup of one quartarius is in two gulps. Assuming normal gulps of wine it follows that a person who drinks his cup in many gulps has a cup much larger than a quartarius. This is frowned upon.? They said that he should drink, not that he should get drunk. If he drinks them with interruptions, would he not become drunk? May one fulfill his obligation with Sabbatical wine37It is difficult to understand why Sabbatical wine should be forbidden for the Seder. One possible explanation is that since Sabbatical produce is for your domestic animals and the wild animals on the fields (Lev. 25:7), there is an obligation to immediately consume all Sabbatical produce once nothing is left for the wild animals on the fields. If this occurs before Passover one has a problem. But except in a year of draught and famine this will not happen early in Spring.? Rebbi Hoshaia stated, one may fulfill his obligation with Sabbatical wine. May one fulfill his obligation with spiced wine38Latin conditus, -a, -um, “spiced, preserved”.? Since Bar Qappara stated, spiced wine is like wine, which implies that one may fulfill his obligation with spiced wine. May one fulfill his obligation with mixed wine39Diluted with water more than in the ratio of 1:3. Babli Pesaḥim 108b.? Since Rebbi Ḥiyya stated: the Four Cups which they prescribed, one may fulfill his obligation either with unmixed or mixed, on condition that it have the taste and looks of wine. Rebbi Jeremiah said, it is meritorious to fulfill one’s obligation with red wine. What is the reason? Do not see wine when it shows its red color40Prov. 23:31. While the verse is a warning against alcoholism, it shows that wine is supposed to be red.. It was stated, cooked for spice41Cooked wine was not usually used as a drink but as an ingredient for cooking.. May one fulfill his obligation with cooked wine42Where all alcohol has evaporated.? Rebbi Jonah said, one may fulfill his obligation with cooked wine. Rebbi Jonah follows his own opinion, since Rebbi Jonah drank his four cups in the Passover night and had a headache until Pentecost43If he drank four cups of alcoholic wine; he permitted non-alcoholic wine for sufferers of the same condition, and as a corollary for everybody.. 44Babli Berakhot 55a; different Nedarim 49b. Rebbi Jehudah bar Ilai drank his four cups in the Passover night and had a headache until Tabernacles. A lady45Latin matrona, -ae. saw that his face was shiny. She said to him, old man, old man, one of three things applies to you. Either you are drunk from wine, or you are lending on interest, or you are raising pigs. He answered her, this woman’s spirit shall be blown away, not one of these three things applies to me, but my learning is ever present with me, as it is written46Eccl. 8:1., a man’s wisdom illuminates his face. Rebbi Abbahu descended to Tiberias. The students of Rebbi Joḥanan saw that his face was shiny. They said before Rebbi Joḥanan, Rebbi Abbahu found a treasure. He asked them, why? They told him, his face is shiny. He said to them, maybe he understood a new teaching. He came to visit him. He asked him, what new teaching did you hear? He said, an old Tosephta. He recited about him, a man’s wisdom illuminates his face. Rebbi Ḥanina said, the log of the Torah is the old Sepphorean eighth47The unit of which this was an eighth is a third of a seah, half a modius of 16 sextarii(לוּגִּים). These are local measures not recorded in classical literature. of fish sauce. Rebbi Jonah said, I know it. In the House of Rebbi Yannai they were measuring honey with it. It was stated, half of the old Tiberian eighth. Rebbi Joḥanan said, this one we used. Why did he not say, the old one? Because it was in his days. Some are saying, it was small, then was enlarged, and diminished, but it was not made small as before. What is the measure of a cup? Rebbi Yose in the name of Rebbi Jehudah bar Pazi, Rebbi Yose ben Rebbi Abun in the name of Samuel: Two fingers by two fingers high a finger and a half and a third of a finger48This value of 2×2×1 5/6 = 7 1/3 cubic digits compares to a Babylonian value of 10.8 cubic digits (Babli Pesaḥim 109a). A cubit is 24 digits. Various cubits were in use; therefore it is difficult to define this volume in modern terms. The variability of the cubit is mirrored in the Greek world by the many values given for the stadion, which varies from 148 m for the (Egyptian) itinerant stadion to the Greek sacramental 184 m. Based on the itinerant stadion and 1 mile = 7.5 stadia = 2000 cubits, one would obtain 91 cm3 for the cup.
In Terumot 10:7 (Note 80), a log is defined as (volume corresponding to a weight of) 200 denar. If volume of water is intended, this would make a cup of 155 cm3. In Terumot 5:3, the log is defined as the volume of 4 eggs, the modius (16 log) as 96 eggs (in the Babli, Eruvin 83a, 217 eggs, which, however, refers not to the Roman but the Syrian modius, twice the volume of the Roman). For the standard modius of 8.536 l, this gives the volume of a cup as the standard quartarius of 133 cm3 (Note 1).
. It was stated49Tosephta 8:10, Babli 77a., dried like the volume of an olive, the words of Rebbi Nathan. The rabbis of Caesarea in the name of Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: Rebbi Nathan follows Rebbi Simeon. Just as Rebbi Simeon says, a quartarius, so Rebbi Nathan says, a quartarius, when it jells it will have the volume of an olive50Babli 77a. The Pesaḥim text ends here.. Rebbi Simon in the name of Rebbi Joshua ben Levi: It happened that a mule of Rebbi’s household died and they declared its blood pure regarding the carcass51A different version of the entire paragraph is in the Babli Menaḥot 103b/104a. It will be explained later what the problem is.. Rebbi Eleazar asked Rebbi Simon, how much? He did not answer him. He asked Rebbi Joshua ben Levi who told him, it is pure up to a quartarius. More than that is impure52A carcass of a non-kosher animal is the source of original impurity, Lev. 11:24–28. The question can only refer to blood separate from the carcass. The statement of R. Joshua ben Levi seems to contradict the previous statement. Carcass flesh is the source of impurity only in pieces of at least one olive size. It was stated in the previous paragraph that fluids which congeal form solid material in the size of an olive only if the original volume was at least one quartarius. Therefore for impurity carcass blood is not treated differently from flesh.. Rebbi Eleazar felt badly that Rebbi Simon had not repeated the tradition to him. Rav Bevai was sitting stating this occurrence. Rebbi Isaac bar Cahana asked him, it is pure up to a quartarius; more than that impure? He was unfriendly to him. Rebbi Zeriqan asked him, because he asked you, you were unfriendly to him? He answered him, because my mind was not clear, as Rebbi Ḥanin said, 53Deut. 28:66.your life will hang far from you, that is one who buys a year’s supply of wheat, you will be fearful night and day, that is one who buys from the Saracen54Following I. Löw, reading סירקי for סידקי., and you will not believe in your survival, that is one who buys from the retail store55The explanations of this word vary from πρατήρ (Buxtorf), πωλητήρ (Krauss) “seller”, to panetarius (Kohut)., and I am dependent on retail stores. What about it? “Rebbi Joshua ben Bathyra testified about blood of carcasses that it is pure.56Mishnah Idiut 8:1.” What means pure? It is pure in that it does not prepare57Agricultural produce cannot become impure until it is “prepared” for impurity by contact with water (Lev. 11:38) or fluids which traditionally are compared with water: human body fluids, grape juice or wine, olive oil, and date honey; cf. Demay2:3, Note 143. It now is asserted that the blood of non-kosher animals cannot be compared with human blood and is inactive in preparing for impurity. This was decided when Rebbi’s mule died., but for impurity it makes impure. There, we have stated58Mishnah Makhširin 6:5. “The blood of a crawling animal (in) [is like]59With all Mishnah mss. and the parallel in Šeqalim read כִּבְשָׂרוֹ. its flesh, it makes impure but does not prepare. Nothing else is like this.” Nothing else is like this in the amount needed for its impurity60Carcasses of the animals (mostly reptiles) enumerated in Lev. 11:29–30 generate impurity already in parts in the volume of a lentil.. But its blood makes impure like its flesh. Rav Joseph said, he who says “impure” follows Rebbi Jehudah61He states in Mishnah Idiut 4:1 that the House of Shammai declare all blood of carcasses which is separate from the flesh as impervious to impurity while the House of Hillel declare it impure in amounts larger than a quartarius. In his interpretation, R. Joshua ben Bathyra follows the House of Shammai in R. Jehudah’s interpretation. For the latter, all blood of Rebbi’s mule separate from the body was declared pure.; he who says “pure” follows Rebbi Joshua ben Bathyra. Rav Eudaimon the emigrant told him, this is correct; Rebbi Jehudah was the instructor of the Patriarch62We stay with our first interpretation, that the mule’s blood was only declared not to prepare agricultural produce for impurity but that otherwise it follows the rules of impurity of carcass flesh. R. Jehudah cannot have been the kashrut supervisor of Rebbi’s court, it must have been that of his father, Rabban Simeon ben Gamliel; but the tradition of his rulings was continued.. It was stated63Babli 75a, Tosephta 8:10. In both these sources, it is clear that in general blood follows the rules of other fluids, with quantities smaller than a quartarius not creating liability. The only exception is blood used for medical purposes; this is important in itself in any quantity which commonly is used for medical treatment. One has to read the text here in the same sense; for R. Joḥanan only bat’s blood was used in ophtalmology.: “Blood enough to smear on one eye.” Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: They stated this for a bat’s blood. “Milk.” This you are saying about milk of a pure animal. But milk of an impure animal, enough to smear on one eye64The quantity described by the Mishnah, “milk for a sip”, must refer to kosher milk. Non kosher-milk can be used for external medical purposes.. “Honey.” This you are saying about an old one. But current one enough to boil an easy egg65Honey used primarily for medical purposes must be honey spoiled as human food.
Apicius (Apicii decem libri qui dicuntur de re coquinaria, ed. M. E. Milham, Leipzig 1969, last recipe in book VII) describes cooking an egg using honey. Unfortunately this author never gives quantities.
. “Oil to anoint a small limb,” but only a small limb of a newborn66Babli 67b, Tosephta 8:9.. “Water to mix eye salve.” Rebbi Eleazar said, this you are saying about dew. But fresh [water] enough to moisten the face of the mortar67Water clean enough to be used medically goes by medical use; all others by the minimum amount used for other purposes. Different Babli 68a.. “And all other fluids by a quartarius, and all waste water by a quartarius.” Rebbi Abba in the name of Rav Ḥisda: The Mishnah speaks of one who moves from house to house68He will use waste water to clean the new house. But real waste water which is poured out because it smells badly goes by any amount that is thrown out on purpose.. “Rebbi Simeon says, all are by a quartarius.” The Sages answer Rebbi Simeon: It is impossible to say honey by a quartarius, vinegar by a quartarius. But he answered them, just as you hold that all solid food combines for the volume of a dried date, so we hold that all drinks combine for a quartarius69Honey and vinegar are used in much smaller quantities; a quartarius seems to be much too large a measure. But as explained at the end of Chapter 7, materials with different minimal amounts do not combine for liability if taken out together, while for R. Simeon all drinks combine together and this may result in liability where there is none for the rabbis.
Since in Chapter 7 the amount for solid food was given as the volume of a dried fig, and all Medieval quotes of this sentence formulate “all solid food combines for the volume of a dried fig”, it seems that the mention of “date” here is a scribal error and should be replaced by “fig.”
. “These measures were said only for those who store them4He holds that people do not store a volume less than a quartarius of any fluid; therefore smaller amounts create liability only for persons who would store smaller amounts. Cf. Chapter 7, Note 458..” Rebbi Mana said, For those who store them in the most minute amount70Babli 68a.. And we have stated so against Rebbi Simeon: These measures were said only for those who throw them out. Therefore for those who store them in the most minute amount. And we have stated against the rabbis: These measures were said only for those who store them. Therefore for those who throw them out by a quartarius. MISHNAH: One who brings out rope to make a handle for a box, bast to make a hanger of a small or large sieve, Rebbi Jehudah says to make from it an instrument to measure a shoe for a child5I. e., the length of a child’s foot.. Paper to write on it a toll collector’s receipt6In the interpretation of the Babli (78b) the confirmation of paid tolls uses a code of two Capital Greek letters.; and anybody who carries out a toll collector’s receipt is liable. Erased paper to tie over the the opening of a small perfume7Latin foliatum, -i (scil. unguentum) “perfume made from leaves of aromatic plants”. flask. HALAKHAH: “One who brings out rope to make a handle for a box,” etc. This you are saying about soft ones but for hard ones enough to boil an easy egg71If it is used as fuel.. “Bast to make a hanger for a small or large sieve.” This you are saying about the inner part. But for the outer parts to make two loops72If the bast is used to crochet. for a small or large sieve. It was stated73Babli 68b, Tosephta 8:9.: “Palm fiber to make a handle for an Egyptian basket.” This you are saying for soft ones, but for hard ones to make a border74Of a basket.. If one took out a willow container he is liable75Cf. Tosephta 9:4. A complete vessel always induces liability even if it is miniaturized.. Palm leaves two. Vine shoots, for planting two, as animal feed a goat’s mouthful, as wood according to the measure of wood76Fuel to boil a chicken egg.. One who brings out two hairs from a horse’s tail or a cow’s tail is liable because one uses them to make snares77Babli 90b, Tosephta 9:1.. Bristles from pig, there are Tannaim who state, two, and there are Tannaim who state, one78Babli 90b, Tosephta 9:2. According to the Tosephta, R. Simeon states “one”; this is the only opinion quoted in the Babli.. He who says two, of soft ones, but he who says one, of hard ones. Kernels, for planting, two, as animal feed a pig’s mouthful79Babli 90b.. What is its mouthful? One. Others say, the number five80If it were four or less, a number would have been given rather than an indefinite “mouthful”.. If one took out calamint, hyssop, or thyme81Tosephta 8:31. The determination of the plant names follows Maimonides., if as human food, in the volume of a dried fig, if an animal feed a goat’s mouthful, as wood according to the measure of wood76Fuel to boil a chicken egg., if for sprinkling according to the measure of sprinkling82In the ceremony purifying from the impurity of the dead (Num. 19), two stalks of hyssop are used.. “Rebbi Jehudah says to make from it an instrument to measure a shoe for a child5I. e., the length of a child’s foot..” But only a child who knows how to tie83But not a child who needs help with putting on his shoes.. “Anybody who carries out a toll collector’s receipt is liable.” It was stated84Babli 78b, Tosephta 8:11.: “If one carries out a toll collector’s receipt, before he showed it to the toll collector he is liable, after he showed it to the toll collector he is not liable. Rebbi Jehudah says, even after he showed it to the toll collector he is liable since he may show it to another toll collector85According to the Babli, to a supervisor of the toll collector who issued the receipt..” If one carries out a document of indebtedness, before he showed it to the debtor he is liable, after he showed it to the debtor he is not liable. Rebbi Jehudah says, even after he showed it to the debtor he is liable since he may show it to another debtor86Tosephta 8:12, Babli 78a. In the Babli the argument of R. Jehudah is more plausible: As long as the debt is not liquidated, even if the debtor has acknowledged the debt and promised to pay, the document is still needed. Once the debt is liquidated, the document either must be cut into pieces or invalidated in other ways; then its status is not that of a document but of erased paper.. Erased paper It was stated: If it had empty space to write two letters on it he is liable87Even if the paper is not enough to tie over a perfume flask. Babli 78b.. MISHNAH: Leather to make an amulet, split leather8Greek δίσχιστος, “the thinner, inner part of split leather, in contrast to the thicker outer part קלף” (I. Löw). to write a mezuzzah on, parchment9This is the modern meaning (at least since Geonic times) of the word. Originally it denoted leather made of hide of which the hairy side was peeled off (קוֹלֵף). to write on it the smallest paragraph of phylacteries, which is Shemaˋ Israel10Deut. 6:4–9., ink sufficient to write two letters with, kohl to apply to one eye11As make-up., asphalt and sulphur to fix a hole, wax to close a small hole. HALAKHAH: 3. “Leather to make an amulet,” etc. There are Tannaim who state, to cover the amulet. He who says to make an amulet, if it is soft88This can be used as writing material.. But he who says to cover the amulet, if it is hard. “Parchment to write on it the smallest paragraph of phylacteries, which is Shemaˋ Israel10Deut. 6:4–9.,” that is, if he peels off the outer layer9This is the modern meaning (at least since Geonic times) of the word. Originally it denoted leather made of hide of which the hairy side was peeled off (קוֹלֵף).. But split leather8Greek δίσχιστος, “the thinner, inner part of split leather, in contrast to the thicker outer part קלף” (I. Löw). to write both paragraphs of a mezuzzah on it89Babli 79b.. “Ink.” If one carried out ink in a reed pen, sufficient to write two letters. If it was in a vessel it needs more90Since to fill the pen one needs more of the ink. The Babli disagrees, 80a.. There, we have stated91Mishnah Parah 12:5. The minimum amount is what is needed to dip the heads of two stalks of hyssop. In a vessel this might require a larger amount. Cf. Note 82.: “How much water is needed for one sprinkling? Rebbi Jeremiah asked, would it not be reasonable that in a vessel it would need more? “Kohl to apply to one eye11As make-up..” Rebbi Abun bar Ḥiyya said, because a woman would paint one eye with kohl and appear in public. Rebbi Abun said, even the most dissolute whore would not do this. But a woman one of whose eyes hurts paints the other with kohl and appears in public. Rebbi Mana said, did we state that she hurts? But a woman would paint one eye with kohl, cover the other, and appear in public92The other eye being covered by the veil. In the Babli 80a this is noted as praiseworthy behavior.. You captured my heart with one of your eyes93Cant. 4:9.. The rabbis of Caesarea in the name of Rebbi Abun bar Ḥiyya: Because a woman who is blind in one eye paints the other with kohl and appears in public. “Asphalt and sulphur to fix a hole.” Rebbi Yose bar Ḥanina said, they stated this about a gusher94Emergency repairs of an amphora.. “Wax to close a small hole.” Rebbi Ḥiyya stated: To close a small crevice95The Babli 80a quotes this for asphalt and sulphur.. MISHNAH: Glue to put on top of the snare12To catch birds., clay soil to make an opening for a goldsmith’s oven, Rebbi Jehudah says, to make a stand13A base for a stove or similar appliance.. Bran to put on the opening of a goldsmith’s oven. Lime to apply to a little girl14As a depilatory or a beauty treatment to prepare her for the marriage market., Rebbi Jehudah says, to treat a temple, Rebbi Nehemiah says, to prepare make-up15Maimonides explains either to curl the hairs of the temple (R. Jehudah) or a lock on the forehead (R. Neḥemiah). The definition of כִּלְכּוּלּ is confirmed by the Babli and Geonic sources.. HALAKHAH: 4. What is clay soil? The gray kind. Samuel says, dust in order to cover the blood of a small bird. Samuel stated: Dust and ashes in order to cover the blood of a small bird96Lev. 17:13. The expression “small bird” means “smaller than a pigeon” and is an indirect confirmation of the Italian Jewish tradition of eating certain birds of song. Tosephta 8:19, in the name of R. Ismael ben R. Joḥanan ben Beroqa.. It was stated: Potsherds of any size, bast of any size may be moved in the house. Rebbi Zeˋira in the name of Samuel: on condition that it be prepared97As S. Liebermann has pointed out, the expressions “in the house” and “being prepared” are synonyms (Chapter 2, Note 120). Potsherds are not useless broken pieces of a vessel but have many uses; therefore automatically they are useful implements and may be moved without restriction. The opposite of “in the house” is not “outside” but “in the garbage”. As soon as something has been thrown away as garbage it ceases to be an implement and cannot be moved again.. It also was stated as follows98Cf. Tosephta 14:2.: The cover of an amphora and its potsherds may be moved in the house. If he threw them in the garbage it is forbidden to move them. “Rebbi said, the words of Rebbi Jehudah are reasonable if it is egg-shaped; those of Rebbi Neḥemiah if it is beaten.99Tosephta 8:20. If the lime is solid it may be used as a stick; if soft it must be prepared as cosmetic.MISHNAH: Earth16Maimonides: “Sticky red loam used for sealing goods to be transported.” for a seal of merchandise, the words of Rebbi Aqiba, but the Sages say, for seals of letters. Manure and sand to fertilize one cabbage stalk, the words of Rebbi Aqiba, but the Sages say, to fertilize a stalk of leek. Coarse sand to add to a handful of lime, reed to make writing pen. If it was wide or splintered, to cook a most easily cooked egg17A chicken egg., scrambled in a pan18Greek λοπάς, -άδος, ἡ “flat dish”.. HALAKHAH: 5. “Reed to make a writing pen,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But at least that it reaches to the finger joints100Babli 90b as a tannaitic statement; Tosephta 8:21.. Rebbi Zeˋira asked, one understands up to here. Maybe up to here101The same question is asked in the Babli, which joints are meant? The roots of the fingers or the middle joint? The question is not answered there either.? There, we have stated102Mishnah Kelim13:2. Any vessel may become impure. When it is broken, it lost its impurity. The Mishnah states that impurity is eliminated only if it is completely unusable, not if a multi-purpose instrument has lost one of its uses. The slate pen is used to write on a wax-covered wooden tablet; its wide back is used to erase the writing and prepare the tablet for new writing.: “A pen of which the writing tip was broken off is impure because of the eraser. If the eraser was broken off it is impure because of the writing tip.” Rebbi Zeˋira asked, one understand up to here. Maybe up to here103Here also the minimal size of a pen remains undefined as it was for the reed pen.? Rebbi Yose said, any “egg” which was stated in Kelim means the actual volume of an egg. In Šabbat in the volume of a dried fig, of an egg104In Mishnah Kelim17:6 it is stated that “volume of an egg” mentioned in the Mishnah means volume of an average sized egg. It is now stated that the volume of “an easily cooked egg” means that of a small chicken egg, the volume of a dried Palestinian fig. Babli 80b.. MISHNAH: Bone to fill a spoon19A unit of volume for medical prescriptions.; Rebbi Jehudah says to make a tooth of a key. Glass to scrape the head of the weaver’s beam20Greek κερκίς, -ίδος, ἡ “weaver’s shuttle; peg; pin; measuring rod”.. A pebble to throw at a bird21To scare it away.; Rebbi Eliezer ben Jacob says, to throw at an animal. HALAKHAH: 6. “Bone to fill a spoonful19A unit of volume for medical prescriptions.; Rebbi Jehudah says to make a tooth of a key.” What is חָף? A key105It seems that the root is شرج “to lock”.. There, we have stated:106Mishnah Kelim14:8. The argument is the same as explained in Note 102. “If the teeth were taken, it is impure because of the holes. If the holes were covered, it is impure because of the teeth.” It seems that Rebbi Jehudah’s argument is inverted. There he calls חָף a protrusion107Reading בלוט for כלוט. The question really is not about R. Jehudah but about the interpretation given here to his statement. Therefore no answer is needed. and here he calls it a key. “Glass to scrape the head of the weaver’s beam20Greek κερκίς, -ίδος, ἡ “weaver’s shuttle; peg; pin; measuring rod”..” There it was stated108Mishnah 17:5. The remainder of the paragraph is repeated in Chapter 17 (17)., “of glass to pour oil into it.” And here, you are saying so? Rebbi Aḥa, Rebbi Maisha, Rebbi Cohen in the name of the rabbis of Caesarea: Here if it is thick, there if it is sharp109A blunt piece of thick glass obviously is of no use in scraping a beam. Different things may have different rules.. Some want to say, here about moving, there about bringing out110The two Mishnaiot cannot be compared although both are about glass. Here one discusses the minimum quantities which create liability in transport from one domain to another. There one discusses applications of the principle that all vessels may freely be moved within a private domain. As long as a sliver of glass may serve as some kind of vessel, it may be moved without special preparation.. “A pebble to throw at a bird21To scare it away..” Simeon bar Abba in the name of Rebbi Joḥanan: That he throw it after a bird and it would notice it111The Babli 81a explains this as a pebble of at least 10 denar, 32 g.. And similarly, that he throw it after an animal and it would notice it. It was stated112Babli 81a, Tosephta 13:17. Even though a stone is not a vessel and may not be moved on the Sabbath, for hygienic purposes it is permitted. “To cleanse himself” here means to use as toilet paper. For the different stages of cleansing one may use up to three stones of varying sizes.: “A smooth113Explanation of Rashi, in Romance becudes. stone the size of an olive, or a walnut, or an egg, he may take and cleanse his feet with it. Rebbi Ismael ben Rebbi Yose said in his father’s name: up to a full hand.” Rav Jehudah said, Boetius ben Zenon was sitting and repeating before Rebbi; he said, so we are saying, it is necessary that he sit down and take it in his hand. He told him, everything is permitted except what is formed like a small sack. Rebbi Ila in the name of Rebbi Yannai: it may be like the base of a small mortar of a spice dealer. Rebbi Yose said, they only said, of a spice. But not of spices114Only a really small mortar whose base fits into the palm of a hand.. Rebbi Ila in the name of Rebbi Simeon ben Laqish115Babli 81b. Removing the grasses is harvesting. Using the stone to cleanse himself is permitted since no rabbinic prohibitions may interfere with hygienic necessities or, in the language of the Babli, “the honor of people.”: A pebble on which grasses grew he may take and cleanse his feet with it. But if he plucks off from it on the Sabbath he is liable for a purification sacrifice. Rebbi Ḥiyya stated: It is forbidden to cleanse oneself with any potsherd116Since it has a rough surface it may not be used even on a weekday.. Rebbi Yose ben Rebbi Abun said, not only potsherds but even handles of amphoras117The Babli 82a disagrees since these in general are smooth., and anything which was brought into the fire and came out again118According to the Babli, Ḥulin 16b, anything fired will have a rough surface and there is danger it may lead to hemorrhoids.. Rebbi Yose ben Yose said, a pebble which had been used by another person and water in a volume of less than 40 se’ah one may not use to cleanse himself119It seems, unless the water was poured out and any reuse would be impossible.. Rebbi Ḥanania in the name of Rebbi Mana: It is forbidden to cleanse himself with water which a dog licked. And it was stated so: One cleans himself neither with a dog’s mouth, nor in presence of a dog, nor with water which the dog had licked off, nor with water in a volume of less than 40 se’ah. And if somebody washes in the bath house or washes in a bathtub, it is bad for hemorrhoids. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: 120Babli Ḥulin 16b, as tannaitic text. The blades are sharp and may be used for cutting but in general are serrated, which disqualifies them for slaughter and as surgical instruments. While one may cleanse himself with leaves, one may not use any which might cause a lesion which opens the way for pathogenic “evil spirits”. Five things were said about a reed blade: One does not use it to slaughter, nor to circumcise, nor to clean teeth with it, nor does one use it to cut meat on the table, nor does one cleanse himself, because an evil spirit resides on it. MISHNAH: A potsherd to put between one half-brick and another, the words of Rebbi Jehudah. Rebbi Meïr says, to carry fire with it. Rebbi Yose says, to fill it with a quartarius. Rebbi Meïr said, even though it is no proof, it is a hint: 22Is. 30:14.that in its splinters no shard be found to catch fire from the blaze. Rebbi Yose told him, from there is proof, to draw water from the pit. HALAKHAH: 7. “A potsherd (of any size) to put between one half brick,”121The scribe wrote “a potsherd of any size”; the corrector then changed it into a quote of Mishnah 7. As S. Liebermann points out, the original text is correct and the paragraph starts not with a quote of Mishnah 7 but of a baraita close to Tosephta Kelim Bava qamma 7:17: “Potsherds which may contain even a minimal amount one used to fill, to sanctify, to sprinkle from it...”. The subject is the ceremony of cleansing from the impurity of the dead (Num. 19) which requires that some of the ashes of the Red Cow be in “flowing water drawn into a vessel” (19:17). In this context, “to sanctify” means to put the ashes into the water. From this moment on the slightest inattention will disqualify water and ashes from the ceremony. The paragraph fits in here since both for the rules of the Sabbath and the rules of impurity there is the problem of defining exactly what is called a “vessel”. etc. Rebbi Joḥanan said, one may use it to sanctify; Rebbi Simeon ben Laqish says, one may not use it to sanctify. Rebbi Eleazar asked, in Rebbi Simeon ben Laqish’s opinion, why may one not use it to sanctify? Because it is impervious to impurity 122By definition, a vessel is a product of manufacture. Materials in their original state always are impervious to impurity (unless they are derived from animals). A first tentative opinion is that “vessel” is only a manufactured product susceptible to impurity.. But are not vessels made of cow dung, stone vessels, earthen vessels impervious to impurity and one may use them to sanctify123Mishnah Parah 5:5.! But because it does not contain a quartarius124Which everywhere is the minimum of a substantial volume of fluid.. But does not Rebbi Simeon ben Laqish agree that one may sanctify using an arbitrarily small complete clay vessel? It is that the only reason is that it does not have the appellation “vessel”125Which is required by the verse and, therefore, cannot be dispensed with.. Then it is difficult for Rebbi Joḥanan. It is not enough to disqualify the body126Mishnah Meˋilah 4:5 states that ingesting a quartarius of impure fluid disqualifies a body from any activity requiring purity. It is difficult to see why this should be relevant to the topic at hand. S. Liebermann, following Noˋam Yerushalaim of R. Joshua Eizik of Slonim, suggests to change “body” into “miqweh”. The argument for this is that a miqweh may not be filled with water drawn by a vessel; in this context a “clay vessel” is defined by Mishnah Miqwa’ot 4:3 as one which may contain a minimum volume of one quartarius. but one may use it to sanctify? But this follows Rebbi Yose, for “Rebbi Yose said, also the most minute amount of clay vessel127In Mishnah Miqwa’ot 4:3 he states that a clay vessel of any size is a “vessel”; the criterion of one quartarius applies only to potsherds..” Did not Rebbi Yose say this only for a complete one, and do we not deal here with a broken one? What Rebbi Ḥiyya stated128Tosephta Kelim Bava qamma 7:17. supports Rebbi Joḥanan; what Rebbi Simeon ben Yoḥai129This baraita has not come down to us. stated supports Rebbi Simeon ben Laqish. MISHNAH: Rebbi Aqiba says, from where that idolatry makes impure by load like a menstruating woman? For it is said1Is. 30:22., you shall throw it away like feeling miserable; you will call it excrement. Since the menstruating makes impure by load2In Lev. 15:20–21 it is stated that anything the menstruating woman lies on becomes an original source of impurity. This means that if a woman in her period lies on top of ten mattresses and somebody touches the lowest one, which the woman never touched, he becomes impure as if he had touched the woman herself., idolatry also makes impure by load3For R. Aqiba anybody who carries an idol becomes impure even if he never touched the idol.. HALAKHAH: 29This and the the following paragraph also are Halakhah 3:8 in Avodah zara, where the differences in spelling are noted. Evidence points to Šabbat as the primary source. Much of the argument is found in Babli Šabbat 82b–83b. There is written abomination about the menstruating woman, and there is written abomination about idolatry, and there is written abomination about vermin. There is written abomination about the menstruating woman, for anybody who would commit any of these abomination s30Lev. 18:29. The verse refers to all prohibitions of a sexual nature., etc. Abomination about idolatry, and do not bring any abomination into your house31Deut. 7:26. This verse refers uniquely to idols and idolatry., etc. Abomination about vermin, do not eat any abomination32Deut. 14:2. The verse refers to all food prohibitions.. But I do not know to which of them it was compared. Rebbi Aqiba says, it was compared to abomination regarding the menstruating woman. As the menstruating woman imparts impurity by load, also idolatry imparts impurity by load2In Lev. 15:20–21 it is stated that anything the menstruating woman lies on becomes an original source of impurity. This means that if a woman in her period lies on top of ten mattresses and somebody touches the lowest one, which the woman never touched, he becomes impure as if he had touched the woman herself.. Or since the menstruating woman imparts impurity through a cover stone33Stone is impervious to impurity. In general, anything not susceptible to impurity cannot transmit impurity. The one and only exception is impurity caused by genital discharges where impurity by load (Note 2) applies to anything under the affected person and even a stone plate covering a mattress will not shield the mattress from impurity if a person afflicted by a genital discharge sits on the stone. Babli Niddah 69b., does idolatry impart impurity through a cover stone? Rebbi Zeriqan in the name of Rav Jehudah, but some say in the name of Rav Ḥisda: Rebbi Aqiba agrees with the Sages that idolatry does not impart impurity through a cover stone. But the rabbis say it was compared to abomination s of vermin. As vermin imparts impurity by motion34Here one has a serious discrepancy between the technical terminology of the Babli and the Yerushalmi. In the Babli impurity by motion is a form of impurity by load: If a person suffering from a genital discharge moves something indirectly or is moved with it, he imparts impurity. In the Yerushalmi this is consistently designated by its Mishnaic name, מִדְרָס, “stepping on.” This kind of impurity emphatically does not exist for vermin, or anything other than genital discharges. Therefore היסט the “motion” mentioned here must be that of a person’s hand touching an impure object. Transfer of impurity by touch is the only one mentioned for the eight kinds of impure vermin., so also idolatry imparts impurity by motion. Or as vermin in the size of a lentil imparts impurity35Mishnah Ahilut 1:8. This minimum size for generation of impurity does not apply to complete limbs. does idolatry in the size of a lentil also impart impurity? Rebbi Zeˋira, Rebbi Isaac bar Naḥman in the name of Rebbi Eleazar, Rebbi Abbahu in the name of Rebbi Joḥanan: They were yoked to Baal Peor and ate sacrifices to the dead36Ps. 106:28.. As the dead in the volume of an olive impart impurity so idolatry in the volume of an olive imparts impurity. Or since a corpse imparts impurity once a person puts his finger tips in37This refers to “tent” impurity (Ševuot 2:1 Note 34) which is created by any part of a person’s body being under the same roof as a corpse, even if it is only a finger tip., could I think that idolatry imparts once a person puts his finger tips in? Tearing down, tearing down from the leprous house38A house afflicted with recurrent “leprosy” must be torn down (Lev. 14:45). Pagan altars must be torn down (Deut. 12:3). By the nature of the topics, the verb נתץ is used in the singular in the first case, in the plural in the second. Therefore this is a comparison (הקש), not an “equal cut” (גזירה שוה); the laws will be similar, not exactly identical.. Since in a leprous house when he entered with his head and most of his body39Based on Lev. 14:46, which decrees impurity for anybody coming into the house, Sifra Meṣoraˋ Pereq 5(4), Mishnah Negaˋim 13:8., so idolatry when he entered with his head and most of his body. Rebbi Ḥanania said, this means that the impurity of idolatry is not consistent40Neither R. Aqiba nor the rabbis are consistent in their comparisons.. For otherwise, why does one compare if for the facile [impurity] and does not compare for the strict? Rebbi Mana said, it is consistent. Why was it compared to a corpse and to vermin? To inform in both cases about the facile [impurity] attached to it41The impurity of idols and idolatry should follow the rules common for impurities generated either by dead vermin or by bodily discharges. This argument is known in the Babli tradition as הַצַּד הַשָּׁוֶה “the equal part;” cf. H. Guggenheimer, Logical Problems in Jewish Tradition, in: “Confrontations with Judaism”, ed. Ph. Longworth, London 1966, p. 185.. This is for a broken idol. But a whole one even in the most minute size42This is consistent with the impurity of animals as food, where a complete creature always is biblically forbidden irrespective of size (cf. Nazir 6:1 Note 64)., as Rebbi Ḥuna, Rebbi Ḥama bar Gorion said in the name of Rav: Baal was the penis gland in the form of a bean: They selected the Baal of circumcision as god43Jud. 8:33. Instead of “Baal of Covenant” one reads “Baal of circumcision” referring to the place of circumcision. This identifies the Semitic Baal with the Greek and Roman Priapus.. What is Rebbi Aqiba’s reason? You should treat it as an abomination44Deut. 7:26., like a menstruating woman. What is the rabbis’ reason? You should detest it, like vermin. How do the rabbis uphold Rebbi Aqiba’s reason, you should treat it as abomination? Treat it as excrement, make it vile45Babli 46a, Mekhilta dR. Ismael Mišpatim 20 (p. 332 ed. Horovitz-Rabin).. How does Rebbi Aqiba uphold the rabbis’ reason, you should treat it as abomination? Call it feces, treat it as excrement, make it vile. From where “make it vile” for the rabbis? Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Eleazar: you shall call it excrement; treat it as excrement, make it vile What is called King’s Face is called Dog’s Face. Spring of the Cup Spring of the Thorn. The Place of Fortune Place of Undress46All these places and most of their idolatrous or obscene meanings are unknown. A similar list is as Tannaitic text in the Babli 46a, Tosephta 6:4. [Perhaps כוס should be read as كُس “behind”, in particular as part of the female anatomy (E. G.)]. Rebbi Tanḥuma in the name of Rav Huna: The Ai which is near Bet-Awen East of Bethel47Jos. 7:2.. Earlier it was called Bethel but now one calls it Bet-Awen48It seems that the translator of the LXX read the verse in the way of the Talmud and eliminated the mention of Bet-Awen, “the House of Iniquity”, as a gloss, as accepted by the moderns. (However, E. Täubler in a marginal Note to his copy of M. Noth’s Das Buch Josua, Tübingen 1938, identifies Bet-Awen as the old name of “The Ai (ruin)”; cf. Arabic ١ون “calm, tranquillity”.). It was stated in the name of Rebbi Eleazar: If one does not want to call it ‘Omda one calls it ‘Amida49Yalqut Jos. ad 7:2; Gen. rabba 39(24), on Gen. 12:8. since Rebbi Abba bar Cahana said, there one calls a good deed ˋomda50Syriac עמד. but the flow of urine ‘amida51Greek ἀμίς, -ίδος, ἡ, “chamber pot” (identified by Musaphia.). How does Rebbi Aqiba interpret you shall call it excrement? Rebbi Yose ben Rebbi Abin, Rav Huna in the name of Rav Joseph52Since Rav Joseph lived two generations after Rav Huna, one has to read with the text in Avodah zarah: Rebbi Ḥuna.: from here that one does not tell anybody to leave unless he entered with his head and most of his body. There exists a baraita which says, idols are like a menstruating woman and its appurtenances are like a menstruating woman. Also there exists a baraita which says, idols are like a menstruating woman and its appurtenances are like crawling animals53The first opinion is the teaching of R. Aqiba in the Mishnah, the second is ascribed to R. Aqiba in the Babli, Šabbat 83a.. The one who says, idols are like a menstruating woman and its appurtenances are like a menstruating woman, is understandable. But concerning the one who says, idols are like a menstruating woman and its appurtenances are like crawling animals, is it not called “unwell” only for its appurtenances54The full text of Is. 30:22, which is the base of R. Aqiba’s argument, reads: You will defile the cover of your silver statues and the clothing of your golden casts; you shall throw it away like feeling miserable, you shall call it excrement. Therefore the reference of “feeling miserable”, which is the description of a female period, refers to appurtenances only. The second version of the position of R. Aqiba seems untenable.? You will defile the coating of your silver gods and the clothing of your molten gold. Explain it if they were engraved on its body. Rebbi Jacob of Kefar Ḥanan said, explain it if one worships the ephod itself55The statue and its ornamental vestments were two separate objects of worship. Either explanation is possible., similar to what is written, Gideon turned it into an ephod56Jud. 8:27.. Our Mishnah follows him who said, idols are like a menstruating woman and its appurtenances are like a menstruating woman. But did we not state: “its stones, its wood, and its dust make impure like a crawling animal57Mishnah Avodah zarah 3:8. Since this sentence in the Mishnah precedes the statement of R. Aqiba who imposes the impurity of niddah also on the stones which form the shell of the house of worship but are not the object of worship.”? Explain it if he worshipped the house itself and then built it up. But did we not state “there are three houses”58Mishnah Avodah zarah 3:9. Only a house originally built as a temple is permanently forbidden; all others can be cleansed by removing the idol and all installations and ornamentations made for it. How could one decree severe impurity which can be easily eliminated?? Explain it if he worshipped the house itself and then renovated it, as Rebbi Abba, Rab Huna said in the name of Rav: One who worships a house makes it forbidden59Rav answers that even a house not built for worship becomes permanently forbidden as if it had been built as a pagan temple, if itself was worshipped. Babli 47b, Meˋilah 20a.. Rebbi Zeˋira, Rebbi Abbahu in the name of Rebbi Joḥanan: If somebody dedicates a house one does commit larceny with it. Rebbi Zeˋira said, about this the rabbis disagree. For him who says that he forbade it one may commit larceny with it, but for him who says that he does not forbid it, one does not commit larceny with it60One compares the rules concerning a pagan temple with those of a house dedicated to the Temple (Lev. 27:14–15). Improper use of dedicated things is larceny which must be expiated by a sacrifice and payment of a fine, (Lev. 5:14–16). Just as real estate cannot become forbidden by idolatry, larceny by improper use of dedicated objects does not apply to real estate. If a house is considered real estate, it cannot become forbidden by worship, and its improper use while in the possession of the Temple cannot trigger a fine for larceny. If it is not considered real estate since the building materials were movables before being used, but it can become forbidden and improper use can trigger the fine.? Rebbi Ḥaggai objected before Rebbi Yose, does not a Mishnah disagree with Rav? “A trough in a rock: one does not fill from it.61Mishnah Parah 5:7. The ashes of the Red Cow, used to purify a person from the impurity of the dead, must be strewn on flowing water in a vessel (Num. 19:17). A vessel is movable; therefore a trough hewn into the rock is not a vessel. The water flowing from the source into the trough becomes standing water. Therefore it may be used neither (1) to fill a vessel for the ashes, nor (2) to put some ashes in the water, “to sanctify it”, nor (3) to sprinkle the water on impure persons to purify them.
In addition, a corpse in a “tent” makes everything in the tent impure including the contents of vessels whose cover is not tightly fastened (Num. 19:15). Since the trough is not a vessel, if it is under one roof with a corpse it only needs to be covered but the cover does not have to be fastened.
A miqweh (ritual bath) has to contain 40 seah of water. It becomes invalid if 3 log (⅛ seah) of water from a vessel is poured into it before it has reached the level of 40 seah. If the trough is not a vessel, its water cannot invalidate the miqweh. On the other hand, if the trough was a vessel before it was fastened in the rock, it can be used for the ashes of the red cow, and its water will disqualify the miqweh.
Since a house was not a vessel before being connected to the ground, it should be considered real estate and not be subject to prohibition because of worship.
” Because he excavated it and after that combined it62A vessel which is permanently fixed to the ground remains a vessel and can become forbidden.. Then not if he fixed it and after that excavated it63A piece of loose rock which was cemented to the ground and then a trough was hewn from it does not become a vessel. Then why should a house become forbidden by being worshipped since it becomes a house only after being connected to the ground?. Is this house not as if he excavated it and after that combined it? What does Rav do with it? He explains that the hewing of stones is the completion of work on them64It is true that a finished house not built as a temple cannot become forbidden. But if the finished stones for a stone building were worshipped before being cemented in the house they already are forbidden and do not become permitted by use as building blocks.. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, an idol which was broken is forbidden. And so we are thinking to say if in the future he cannot restore it in its entirety it is permitted according to everybody65The statement of R. Simeon ben Laqish and the opposing statement of R. Joḥanan only refer to situations where it is not clear whether the idol can be restored or not.. But did we not state, “there are three kinds of stones”66Mishnah Avodah zarah 3:10.? Explain it that he worshipped every single stone and then builds with them67Then each individual stone remains forbidden; there is no contradiction to the Mishnah.. Even with Rebbi Simeon ben Laqish this does not disagree, as Rebbi Simeon ben Laqish said, an idol which was broken is permitted68Babli Meˋilah 20a.. And so we are thinking to say if in the future he can restore it in its entirety it is forbidden according to everybody, and Rebbi Yudan, the father of Rebbi Mattaniah, said, if they remain in their place is this not as if in the future he can restore it in its entirety? And these remain at their place. Rebbi Abba in the name of Rav, one who worships a house makes it forbidden59Rav answers that even a house not built for worship becomes permanently forbidden as if it had been built as a pagan temple, if itself was worshipped. Babli 47b, Meˋilah 20a., a tree he does not make forbidden. But did we not state, “there are three kinds of Ashera69This refers to a holy tree which is worshipped as Ashera (Mishnah Avodah zarah 3:11) but no idol is found buried under it. Then as connected to the ground it should not be part of the real estate and not be forbidden. It becomes permanently forbidden only if it was planted as a holy shoot.”? Explain it that he worshipped a vine and then planted it. Levi said, one who worships a house makes it forbidden59Rav answers that even a house not built for worship becomes permanently forbidden as if it had been built as a pagan temple, if itself was worshipped. Babli 47b, Meˋilah 20a., a cave he does not make forbidden70Even if the cave was excavated for purposes of idol worship it does not lose its character as real estate.. What is [the difference] between a house and a cave? Rebbi Ḥanania the son of Rebbi Hillel said, a house was separated at some time; a cave never was separated. MISHNAH: From where that a ship is pure4While a ship is a vessel, it is not subject to the impurity of vessels. This not only applies to large vessels which are not subject to impurity if they are so large that they cannot be moved by a single human empty or loaded but even small boats if they are never used on land.? For it is said5Prov. 30:19., the way of a ship in the heart of the Sea. From where that a garden bed that is six by six hand-breadths one may sow with five kinds of seeds, four at its four sides and one in the middle6The problem is that of kilaim, the prohibition to grow different kinds of produce on the same field. Different kinds if grown on parallel fields must be separated by an uncultivated strip, but such fields may touch one another at a single point. The minimum size of a plot that can be planted with several kinds is a 6-by-6 hand-breadths plot, cf. Mishnah Kilaim 3:1 Notes 1–2; the configuration envisaged by the Mishnah is shown there in fig. 3–1. It is suggested that one divide the plot into 36 squares of one hand-breadth edge length each. Along the four edges, the corner squares are left fallow. Then on each edge, a rectangle, 4 long and 1 wide, can be planted. These 4 rectangles may be planted with 4 different kinds since they meet only at a pair of vertical angles. Together, they contain 16 of the 1-by-1 squares. The interior edges of the rectangles enclose a 4-by-4 square. In this square, a square can be planted in the shape of a diamond, having its vertices at the midpoints of the inner edges of the rectangles. This is permitted as רֹאשׁ תּוֹר. The diagonals of the diamond have length 4; it covers exactly half of the internal square of 16 square hand-breadths. Hence, the entire cultivated area is 8 + 16 = 24 hand-breadths square. [If instead we assume that the fallow squares at the corners have edge length a, then the total cultivated area, in square handbreadths, is
f(a) = 4a(6 - 2a) + 0.5(6 - 2a)2.
A simple computation then shows that the maximum is attained for a = 1, f(1) = 24. One third of the total area must lie fallow.]
? For it is said7Is. 61:11., for like the earth it will bring out its plants and like a garden it will cause it to grow its sown seeds. HALAKHAH: 271Here starts the discussion of Mishnah 2. Babli 83b.. Did you have to learn from the sea72It is very irregular to derive halakhic principles from the Hagiographs since the only admitted source is the Pentateuch., just as the sea is pure so also the ship is pure? Did you not learn this from the sack73The basic verse is Lev. 11:32 where impurity of implements is introduced. These are described as wooden vessels, or textiles, or leather, or a sack, or anything used in work. This is read to mean that containers are subject to impurity only if they can be handled like a sack; i. e., transported by a human both empty and filled. Usually a ship is too large to be handled in this way.? The sack may be used both on sea and on dry land; a ship can be used on sea but cannot be used on dry land74This is a first argument to deny that a comparison with a sack is possible in this case.. The rabbis of Caesarea say, this is about a clay vessel. Since the sack teaches only about what is written in the paragraph75Clay vessels are not mentioned in Lev. 11:32; the rules for these must be derived from other sources which, however, do not lend themselves to interpretation based on size., this excludes clay vessels which are not mentioned in the paragraph so that the sack could have taught about it 76The origin of this paragraph is in Kilaim 3:1 (Notes 6–18,כ). In the copy here, an essential sentence was omitted by the scribe. On the other hand, the spelling here is somewhat more careful than in Kilaim.Its sown seeds: the minimum of seeds are two77It does not say, it will make to germinate its seedling but its seedlings. The verse uses a plural for the seedlings in a garden( interpreted as one garden bed); this proves only that it is possible to sow more than one kind.. Rebbi Samuel bar Sisarta said, from two you infer four. Just as for two you start at the beginning of six and reduce continuously, so for four you start at the beginning of six and reduce continuously. It is impossible78The correct Yerushalmi form for “impossible”; the form אי אפשר in כ is Babylonian. that there should not be a free space to plant in the middle79The argument as explained by R. Simson: At the end of the paragraph, it is stated that one deals with a vegetable bed surrounded by other vegetable beds. The rules of “jailing” (Kilaim 2:8 Note 120) prohibit to grow one kind of produce on a field surrounded by four fields on which other kinds are grown and therefore require that at the corners squares of one hand-breadth each must be empty. In order to grow two kinds of plants, one may sow two strips, each 4 hand-breadths long, along parallel edges, each one 2.25 hand-breadths wide, so that the required separation of 1.5 hand-breadths be observed in the middle. But then the argument may be used also for the other two edges. This means that one sows four triangular patches; each one has a base of 4 hand-breadths on an edge of the garden bed, with base angles of 45°. These triangles must be separated by strips 1.5 hand-breadths wide. This means that at the edges, we must leave a square of edge length a empty, whose diagonal is 1.5 = a2½. Hence, a = 1.061; the bases of the triangle can only be 3.878 hand-breadths. In that case, the distance of the third vertex of the triangle from its base is equal to half the base on the edge, or 1.939 hand-breadths. The distance from the center is a = 1.061 < 1.5. In order to plant a single seed in the middle, it is therefore necessary to cut off the triangles at distance 1.5 from center and edge, creating four congruent trapezoids. The height of a trapezoid is h=1.5, its base 2b=3.878. By similar triangles, the length t of its top is given by 2b/b = t/(b-h) or t = 0.878. That makes it possible to plant a single fifth kind in a small space in the middle. The total area planted amounts to four times the area of the trapezoids, 15.044 square hand-breadths, plus the area of the small space in the middle.. Rebbi Jonah said, working space joins working space but a kind does not meet another kind to jail it80Each separate kind needs a working space around it, given by the strip of width 1.5 hand-breadths, but the same strip does serve two different kinds without problem. Also, the rules of “jailing” only apply to fields, not to garden beds.. Rebbi Joshua ben Levi: Its seed, its seeds, its sown seeds81Here starts a new approach, viz., that the verse itself implies more than 2 kinds. The word זרוע appears only twice in the Bible, Is. 61:11 and in a description of grain (Lev. 11:37): seeds of seedlings that may be sown. In contrast to modern dictionaries which take זרוע as a word different from זרע, the authors here take it as expansion of זרע “seed.” The root is expanded three times, by taking the plural, adding a possessive suffix, and adding the letter ו. Each change is taken as a plural, hence three plurals are added for a total of six units.. That follows Rebbi Jehudah, since Rebbi Jehudah said six, seed, its seed, its seeds, its sown seeds. Rebbi Ḥaggai said, זרעיה has five letters; everywhere I find ו I delete it82R. Ḥaggai assumes that originally all Hebrew spelling was what is called defective. Hence, any ו or י that is neither part of the root nor required by grammatical rules is considered an addition by later scribes and therefore is disregarded. That eliminates the ו but leaves the י which is required as sign of plural. One ends up with five letters, following the anonymous opinion in Mishnah Kilaim3:1.. This was asked of Rebbi Ḥuna, the scribe of the assembly, and he said, זירועיה is written plene83The spelling זירעיה in the text is certainly wrong since the expression of ṣere by י is standard only in Mishnaic and later texts, not in Biblical ones. Hence, the plene writing refers to the masoretic spelling of the word; one has six letters, supporting Rebbi Jehudah.. Rebbi Joḥanan in the name of Rebbi Yannai: 84Added from כ, needed by the context.[All inside of six85All seeds are sown in the interior of the bed, away from the corners.. Cahana in the name of Rebbi Simeon ben Laqish:] All at the outside of six86The corners at the boundary, which are at the outside, are sown. Then one may sow four 1-by-l corner patches, four 1-by-l patches at the center of each edge, and a center diamond, for a total of nine patches.. Then we should state “nine!” Rebbi Tanḥum from Bostra said, that is true. But our Mishnah speaks of a garden bed in the middle of garden beds87Since the rules of “jailing” apply to garden beds as a whole, not to smaller patches, the corners cannot be sown. This is the opinion of Samuel in the Babli (Šabbat 86b). Otherwise, it really is possible to sow 9 kinds, as the Babli puts it (Šabbat 86a), in the case of a garden bed planted on land otherwise dry, with no other beds nearby. Rav in the Babli still admits only five kinds even on dry land.. MISHNAH: From where that one8Human semen is impure (Lev. 15:16–17 and sexual intercourse makes impure, v. 18. Semen which no longer can fertilize is not impure. The question is how long after intercourse must one suspect that semen released by the female still produces impurity? The answer which is given here states that semen may stay alive inside the woman’s body for three days. who loses semen on the third day is impure? For it is said9Ex. 19:15., be prepared for three days, do not touch a woman. From where that one washes10A male baby on the third day after circumcision with warm water, heated for the purpose even on the Sabbath, because it is a medical necessity. The entire series of deductions from Scripture is introduced here because of this rule of the Sabbath. a baby on the third day if it falls on a Sabbath? For it is said11Gen. 34:25., it was on the third day when they hurt. From where that one ties a crimson band to the head of the scapegoat12Mishnah Yoma 4:2 requires that a crimson band be tied to the horns of the goat sent to the cliff.? For it is said13Is. 1:18., if your sins were like scarlet they will be snow white, etc. HALAKHAH: 3. 88Here starts discussion of Mishnah 3, although the reference is not to the statement of R. Aqiba in that Mishnah but to Mishnah Miqwaot 8:3, quoted in the next paragraph, to which the present is an introduction. Rebbi Joḥanan said, they learned from Sinai89The rules of impurity of semen lost by a woman days after intercourse are derived from Ex. 19.. Moses came down on the third day of the week90Tuesday. In this interpretation there were three days of preparation and the revelation on Sinai took place on the Sabbath. If one deletes “of the week”, the reference is to the day of the Month. and told them, be prepared for three days, do not approach a woman91Ex. 19:15.. For any one who separated on the third day, there is (the third)92This word was written by the scribe, then (wrongly) deleted by the corrector, and therefore missing in the printed editions., the night of the fourth, and the fourth, the night of the fifth, and the fifth. On the sixth, if she ejected in the night she was impure, during the day pure93The times elapsed in the matter of women’s purity are always counted in “terms” of 12 hours each. If a woman had sex in the night from Monday to Tuesday, then six terms have elapsed by Friday, and she can purify herself in a miqweh without problems.. For any one who separated on the fourth day, there is the fourth, the night of the fifth, and the fifth. On the sixth, if she ejected in the night she was impure, during the day pure94In this case, four terms have elapsed, as stated as possibility by R. Ismael in Mishnah Miqwaot 8:3.. Rebbi Joḥanan said, this was on Sinai. But for future generations either four or six95Mishnah Miqwaot 8:3.; Rebbi Aqiba says, forever there are five, also for future generations. There96Mishnah Miqwaot 8:3., we have stated: “One who loses semen8Human semen is impure (Lev. 15:16–17 and sexual intercourse makes impure, v. 18. Semen which no longer can fertilize is not impure. The question is how long after intercourse must one suspect that semen released by the female still produces impurity? The answer which is given here states that semen may stay alive inside the woman’s body for three days. on the third day is pure, the words of Rebbi Eleazar ben Azariah97As explained later in the Halakhah, he strictly goes by the count of days, not measuring the time elapsed.. Rebbi Ismael says, sometimes they are four terms, sometimes they are five, sometimes they are six98He essentially accepts R. Eleazar ben Azariah’s interpretation; only he quantifies it in “terms”. A term is either a night, from sundown to sunrise, or a day, from sunrise to sundown. Six terms are required if the woman had intercourse at sundown or sunrise, when it is not clear whether ejaculation occurred before or after the start of a new term.. Rebbi Aqiba says, always they are five99In fact he always requires 60 hours elapsed after ejaculation.. If part of the first term had elapsed, one completes it by the sixth term100This sentence is not in the Mishnah mss., but since it also is quoted in the Babli 86a as appendix to this Mishnah and clarifies the statement of R. Aqiba, it should be considered part of the Mishnah..” Therefore Rebbi Ismael makes the day one term and the night one term; Rebbi Aqiba makes the day one term and the night one term. In what do they differ? They differ in complete terms. Rebbi Ismael treats part of a term like the whole, but Rebbi Aqiba does not treat part of a term like the whole. It was stated so about Rebbi Aqiba: “Therefore if part of the first term had elapsed, one completes it by the sixth term”101In order to complete the 60 hrs. required by R. Aqiba. The computation of R. Ismael is the same as that of R. Eleazar ben Azariah explained in the sequel.. It was stated: Rebbi Eleazar ben Azariah says, day and night each are a term, and part of a term is like the whole. It was stated so about Rebbi Eleazar ben Azariah: Sometimes after slightly more than a day she is pure; sometimes after slightly less than two days she is impure. How does it happen that after slightly more than a day she is pure? She had intercourse Friday afternoon before sundown and lost Saturday night after nightfall; there is slightly more than a day she is pure102For R. Eleazar ben Azariah the day of intercourse is day 1; she is pure if she loses some semen on day 3. The day starts at sundown. Let ε be a small fraction. If she had intercourse ε hours before sundown and then lost semen the next evening ε hours after sundown it already is the third day and she is pure after 24+2 ε hours.. How does it happen that after slightly less than two days she is impure? She had intercourse Friday night after sundown and lost Sunday night before nightfall; there is slightly less than two days she is impure103If she had intercourse ε hours after sundown then the next 24 - ε still are day 1; if she loses semen ε hours before the end of day 2 she still is impure even though 48 – 2ε hrs. have elapsed.. Rebbi Joḥanan said, from the words of all of them, Israel received the Torah as immersed on the same day104Babli 86b. For profane matters, a person either is pure or impure. But for sancta, the purification occurs in two stages. Impurity is removed by immersion in a miqweh but purity is acquired only at sundown (Lev. 22:6–7). In the meantime, the ṭevul yom person does not contaminate anything by his touch but is not permitted any sanctified food (cf. Berakhot 1:1 Note 3).. That is, the women; but the men already were purified. What is the reason? Sanctify them today and tomorrow and let them wash their garments105Ex. 19:10. A man may immerse himself immediately after intercourse and become completely pure after the next sundown.. Rebbi Joḥanan said, these are the words of Rebbi Eleazar ben Azariah, and Rebbi Ismael, and Rebbi Aqiba. But the word of the Sages is, up to three days; after that it decayed. This parallels what Rebbi Zeˋira said in the name of Rebbi Joḥanan: This are the instructions for the sufferer from gonorrhea and from whom semen is ejaculated106Lev. 15:32.. Since the instructions of the sufferer from gonorrhea are based on three days107A sufferer from gonorrhea is impure, but he becomes severely impure requiring purification in flowing water only if he had three emissions within a three-day period (Mishnah Zavim 1:1)., also the instructions for semen are up to three days108Babli 86b. While the day of intercourse is counted as day 1, the woman does not become impure by losing semen only on day 4. The derivation of these laws from Sinai is rejected since before the theophany at Sinai the people were not obligated to follow the rules promulgated there.
Here starts a Genizah fragment edited by L. Ginzberg (p. 87–88), G.
. 109This paragraph and the next really are not about Mishnah 9:3 but Mishnah 19:3, which is quoted in the first sentence. The text there was omitted by the scribe and added by the corrector, whose text (19) seems to be a copy of the text here, only slightly careless at the end. In addition to G, there also is a slightly enlarged version in Gen. rabba 80(8), on Gen. 43:25. We have stated: “One washes the baby.” It was stated in the House of (Rav) [Rebbi]110The text in (parentheses) is from the ms., the one in [brackets] from G and 19 seems to be the correct one; cf. Tosephta 15:4.: “One washes the circumcision.”111But not the entire body of a newly circumcised baby. Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows him who says, “one washes the baby”112Babli 134b.. Rebbi Yose said, you are forced to say, one washes the baby. 113All this is R. Yose’s argument that in Mishnah 19:3 one must state “the baby” since for “the circumcision” the statement would be superfluous. Samuel stated, one never witholds either oil or warm water from a wound on the Sabbath. Rebbi Yose said, my teacher Rebbi Zeˋira always was saying to me, state in your Mishnah, not only this but one sprinkles warm water on a wound on the Sabbath. If you are saying, “one washes the circumcision”, what is the difference between an adult and a baby? Rebbi Abbahu in the name of Rebbi Eleazar. Practice follows Rebbi Eleazar ben Azariah114Who states in Mishnah 19:3 that on the third day after circumcision the boy is considered in mortal danger and therefore everything necessary for his care must be done on the Sabbath. Babli 134b.. Rebbi Abbin in the name of Rebbi Abbahu, the reason of Rebbi Eleazar ben Azariah: it was on the third day when they hurt11Gen. 34:25.. It does not say, “when it hurt”, but when they hurt, at a time when all their limbs hurt them. Rebbi Jacob bar Aḥa said, Rebbi Eleazar and Rebbi Joḥanan ordered for the women having newborns, that all treatments which you give on a weekday should be given on the Sabbath. This is necessary for the case that the third day falls on a Sabbath. Samuel said, because of the danger. Rebbi Yose asked, if it is because of the danger one heats hot water for him115If there is danger one has to do everything necessary; there seems to be no need to single out heating water.! Rebbi Yose ben Rebbi Abun in the name of the rabbis there: One heats hot water for him. And it was stated thus: A person heats a linen cloth and puts it on (a wound) (his belly)116The first version is that of the ms. and Gen. r.; G has a lacuna at this place. The second version is that of 19 and the Babli (40b). on the Sabbath117Tosephta 3:7.. A person may not take a bottle full of hot water and put it on his belly on the Sabbath. Rebbi Joshua ben Levi said, on the contrary it is permitted.118Babli 40b. 119This is the discussion of the last part of Mishnah 3, the crimson band which was tied to the head of the scapegoat, or, as noted in Mishnah Yoma 6:6, half of which was tied to the cliff from which the scapegoat was pushed down. The first paragraph is a baraita also reproduced in the Babli, Yoma 67a, Roš Haššanah 31b. Both paragraphs are copied (the second incompletely) in Yoma 6:5 (ו). Originally they were tying it to their windows; some of them were turning white and some turning red; these were ashamed in front of the others. They changed and tied it to the door of the Sanctuary. Some years it was turning white, in others turning red. They changed and tied it to the rock. It is written13Is. 1:18., let us go and argue, says the Eternal, etc. It was stated, Rebbi Eliezer said, If your sins were like years120The plural שָׁנִים is derived from שָׁנָה “year”, not from שָׁנִי “scarlet”. For the other occurrence in Prov. 31:21, Midrash Mishle (ed. S. Buber, p. 110, Note ל) reads the word as שְׁנַיִם “two, double”. The only rabbinic source which recognizes שָׁנִים as “scarlet” is in Midrash Mishle (loc. cit. p. 112)., etc., like the years from Heaven to Earth121The numbers given by RR. Eliezer and R. Joshua are identical, 500. Cf. Berakhot 1:1, Note 83., they will be snow white; more than that, they shall be like wool. Rebbi Joshua said, if your sins were like years, like the years of the patriarchs, they will be snow white; more than that, they shall be like wool. Rebbi Yudan bar Pazi said, If your sins were like years they will be snow white, the first time, if they were like purple they shall be like wool, the second time. But the rabbis said, If the sins of a person are like his years, they will be snow white; more than that, they shall be like wool. Rebbi Yudan Antordiyya said, at a time when a person’s sins are light, they will be snow white; at a time when they are serious, they shall be like wool. MISHNAH: From where that anointing is like drinking on the Day of Atonement14The biblical commandment on the Day of Atomement is “to deprive oneself”. It is understood that this includes fasting. Not anointing here is declared a derivative of the commandment not to drink.? Even though it is no proof, there is a hint, as it is said15Ps. 109:18., it came like water into him and like oil in his bones. HALAKHAH: 122This refers to the last part of Mishnah 4. The matter is only marginally related to the rules of the Sabbath; the full text is preserved in Maˋaser Šeni 2:1 (Notes 28–35, ג) and Taˋanit 1:6 (ד). The Genizah text starts again at the end of the paragraph.4. “From where that anointing,” etc. As we have stated: On the Sabbath both anointing for pleasure and anointing not for pleasure are permitted. On the Day of Atonement, both anointing for pleasure and anointing not for pleasure are forbidden. On the Ninth of Av and public fasts123Fasts in a winter of drought, whose rules are modeled on those for the Ninth of Av., anointing for pleasure is forbidden but anointing not for pleasure are permitted. It was stated: Anointing is equal to drinking regarding prohibition and reparation but not punishment124Referring to illegal use of heave and dedicated food by non-Cohanim and its replacement by 5/4 of the value taken.. On the day of Atonement regarding prohibition but not punishment125The only biblical prohibitions on the Day of Atonement are eating, drinking, and working. The other two, anointing and sexual relations, are rabbinic and not subject to biblical punishment.. But was it not stated, they shall not desecrate126Lev. 22:15. The verse refers to the non-Cohen who “eats” holy food in error. Babli Niddah 32a., to include him who anoints or drinks? Rebbi Joḥanan said, there is no “anoints” there. Rebbi Abba Mari said, if there is no “anoints” there is no “drinks”. For if it were not so, do matters combine which come from two different prohibitions127If the verse in Lev. is needed to subsume drinking under eating, it is incomprehensible that for inadvertently eating and drinking together on the Day of Atonement one should be responsible only for one sacrifice since in that case, one infringes on two separate biblical prohibitions and should be liable for two separate sacrifices. Similarly, if one illegimately ate and drank heave one should be liable for two separate fifths. Since in both cases the Mishnah treats eating and drinking together, the verse cannot express a separate status for drinking; the addition of anointing and drinking is rabbinic interpretation but not biblical law and there is no reason to exclude anointing.? From where that there is a clear commandment128While illegitimate use of heave oil for anointing is prohibited, it is mentioned in the framework of the farmer’s declaration in the Temple, which is a positive commandment. Overstepping the prohibition of anointing when it is forbidden legally is overstepping a positive commandment not under the scope of biblical penal law.? Rebbi Eleazar in the name of Rebbi Simai: I did not give from it to the dead129Deut. 26:14.. Where do we hold? If not to bring a casket or shrouds for him, this is forbidden for the living, therefore certainly for the dead. What is permitted for the living but prohibited for the dead?130Cf. Sifry Deut. 302. I am saying that this is anointing131Only consuming Second Tithe is permitted.. MISHNAH: One who brings out wood to cook an easily cooked egg, spices to spice an easily cooked egg, and these combine one with the other16Even though it was stated at the end of Chapter Seven that matters which are under different minimal amounts for the Sabbath are not combined and the volume of firewood needed to cook an egg certainly is much larger than the volume of spices used for the egg, the rule “enough to cook an easily cooked egg” is the same in both cases and this is sufficient to declare the rules identical.. Shells of walnuts, skins of pomegranates, isatis, and madder to dye a small tissue like a hair net17Crochet work or knitted hair covers have little material and need little dye.. Soda, and soap, Cimolian earth18Κιμωλία (γῆ), ἡ, a white clay like fuller’s earth, used in baths and medicine. The Halakhah presumes different readings for some of the substances mentioned here., and potash, to wash a small tissue like a hair net; Rebbi Jehudah says, to use on a stain19Enough to eliminate a blood stain from a woman’s period to allow the garment to be purified in a miqweh.. HALAKHAH: 5. This is difficult. May cumin and salt combine132The Mishnah stated that all kinds of spices combine for the amount needed to cook a small egg. But for salt and cumin very different quantities are needed; this makes the statement indefinite. Babli 89b/90a.? Rebbi Ila in the name of Rebbi Eleazar: they taught this about sweeteners. There, we have stated:133Mishnah 13:4. “The measure for one who bleaches, who beats flax, or who dyes, or who spins,” and here you are saying so? The one who dyes, here one who brings out to dye134The amount noted in Mishnah 9:5 is much smaller than than given in Mishnah 13:4. The activities in question are not comparable.. נֶתֶר is νίτρον. בִּירִית is קְימוּן .בִּירִיתָה is kali. אָֽשְׁלָג, Rebbi Yose ben Rebbi Abun said, אצרות רוח.135The technical terms for cleaning materials are explained, νίτρον is soda, kali is the plant, saltwort, or its ashes. בִּירִיתָה must be a plant used in the manufacture of soap; the identity of אצרות רוח (if the word is spelled correctly) is everybody’s guess. In the Babli 90a, for בִּירִיתָה one reads כבריתא “sulfur”; this identification is rejected there and replaced by “aloe”. It seems that here also the materials are of vegetal origin. MISHNAH: Pepper20Rashi holds that פִּלְפֶּלֶת are green peppers in contrast to פִּלְפֶּל which is black pepper. in any amount, ˋiṭran21Probably pine sap. in any amount, spices and metals22Metal bars. in any amount. Of the altar’s dust, of the altar’s stones, of rot of scrolls, of rot of their bindings the most minute amount since one collects them to hide them away23Because of their intrinsic sanctity, once they become damaged and no longer usable they must be buried. Since they never can be discarded, even a minuscule amount is valuable.. Rebbi Jehudah says, also one who takes out the most minute amount of appurtenances of idol worship, as it is said24Deut. 13:18., nothing of the ban shall cling to your hand. HALAKHAH: 6. 136The entire text is repeated in Chapter 10, to Mishnah 6. The first assertion also is in the Babli, 90a. If R. Simeon agrees in case of prohibitions of usufruct, the question remains why the statement in Mishnah 6 about idolatry was formulated as a minority opinion of R. Jehudah. On the other hand, since items prohibited for usufruct never can be transported for a legitimate purpose, if R. Simeon would not agree then there would be a general permission to move such items. It was stated: Also bad smell in any amount. Rebbi Ila said, also Rebbi Simeon agrees to this. Rebbi Simeon agrees in cases of prohibitions of usufruct. MISHNAH: One who takes out a peddler’s bag, even though it contains many kinds, is liable only for one purification sacrifice25Since it is a single act.. Garden seeds less than the volume of a dried fig; Rebbi Jehudah ben Bathyra said, five. Green melon26Cf. Kilaim1:2, Note 38. In modern Hebrew the word means “zucchini”. seeds two, squash seeds two, Egyptian bean seeds two. A live locust in any amount, dead in the volume of a dried fig. A vineyard bird27A kind of locust; according to Sifra Šemini Pereq 5(9), permitted as food. either live or dead in any amount since one keeps it as medicine. Rebbi Jehudah says, also one who brings out a dead locust28A locust forbidden as food. in the most minute amount since one keeps it as a toy for children. HALAKHAH: 7. It is difficult. If he continues to bring out in one forgetting, is he not liable only once137This refers to the statement in Mishnah 7 that taking out a pedlar’s box creates only one liability. Since only one item was taken out, even if it contains many kinds, it is difficult to see why the statement is needed.? For whom is it necessary? For Rebbi Eliezer138Who in Mishnah Keritut 3:10 states that repeated identical acts in one period of oblivion may trigger many liabilities. Cf. Chapter 7, Note 48 ff.. That you should not say, many kinds should be treated like as many forgettings and he would be liable for each single one. Therefore it was necessary to say that he is liable only once. “Garden seeds less than the volume of a dried fig; Rebbi Jehudah ben Bathyra said, five.” What is Rebbi Jehudah ben Bathyra’s reason? Because this is what one usually sows in a garden bed. “Green melon26Cf. Kilaim1:2, Note 38. In modern Hebrew the word means “zucchini”. seeds two, squash seeds two, Egyptian bean seeds two.” It was stated: Median wheat two139Chapter 7, Note 225. The paragraph also is copied in Chapter 12, Note 55 (13).. Rebbi Samuel in the name of Rebbi Zeˋira: Because wheat was so much in esteem they treated it like garden vegetables which are not eaten. “A live locust in the most minute amount, dead in the volume of a dried fig..” That means, if it is pure140Permitted as food, Lev. 11:22.. But if it is impure, a dog’s mouthful. “A vineyard bird27A kind of locust; according to Sifra Šemini Pereq 5(9), permitted as food. either live or dead in any amount since one keeps it as medicine.” Rebbi Aḥa said, for a woman with rough skin rubs in with it and she is healed. There, they said, a person who wants to renounce sexual activity eats half of it and keeps half of it. The left hand part is forbidden, the right hand part is permitted. If anything was lost or missing he has no recourse ever141He can never regain his potency.. What should he do? Rebbi Yose ben Rebbi Abun said, he preserves it142He has to preserve the other part permanently. Probably eating this other part would restore his potency. Babylonian medical instructions are not of the rational kind. in a honey flask. “Rebbi Jehudah says, also one who brings out a dead locust28A locust forbidden as food. in the most minute amount.” Therefore pure in the amount of a dried fig whether alive or dead143He disagrees with the anonymous statement earlier in the Mishnah.. Rebbi Jehudah follows his own opinion since Rebbi Jehudah says one does not play with pure food. But is there not written144Job 40:29, speaking of the Behemoth., would you play with him as with a bird? Is it not permitted out of a prohibition145It is indeterminate whether the Behemoth is pure or impure.? But is it not written, as with a bird146There is an opinion that צִפּוֹר in general means an edible bird, cf. Nazir 1:1, Note 29.? Rebbi Mattaniah said, since it is lacking slaughter it is as if impure147Any animal or bird is forbidden as food unless it is known that it was slaughtered correctly (Babli Ḥulin 9a).. MISHNAH: One who stores as seeds, as sample, or as medicine, if he takes out on the Sabbath he is liable for it in the most minute amount; but every other person is liable only for its quantity1The preceding Mishnaiot spell out minimal amounts for different categories of objects. The underlying idea is that smaller amounts are of no value. If somebody takes out a smaller amount for a specific purpose, he shows that for him it is valuable and, therefore, the general rules do not apply to him.. If he brought it back he is liable only for its quantity2Since the objects were not used for the intended purposes, he now is no different from the general population.. HALAKHAH: “One who stores as seeds,” etc. Rebbi Jeremiah said, Rebbi Yose ben Rebbi Ḥanina asked, is the Mishnah Rebbi Jehudah’s19Since the Mishnah is anonymous and therefore practice, this decides that regarding the Sabbath one follows Rebbi Jehudah.? For Rebbi Jehudah said, a craftsman in the ways of his craft is liable20Chapter 1, Note 221.. Rebbi Judah bar Pazi came in the name of Rebbi Yose ben Rebbi Ḥanina: It is Rebbi Jehudah’s. Rebbi Yose ben Rebbi Ḥanina said, this comes only for the sample21Greek δεῖγμα, -ατος, τό, Latin digma., because the buyer already was satisfied22R. Meïr, who disagrees with R. Jehudah about the special rule for craftsmen, will nevertheless agree that medicines, which are taken in minute amounts, and seeds, of which every single one counts, make the professional liable in any amount. Their only difference regarding the Mishnah is a sample after it has been shown to the client and is no longer needed, where R. Jehudah declares it the seller’s tool but R. Meïr treats it as regular property.. But as to seeds and medicines even for the most minute amount he is liable. If one stored it and another took it out, he is not liable; Rebbi Simeon ben Eleazar declares him liable23Babli 91a in another formulation.. Where do we hold? If he took it out on the second’s initiative, everybody agrees that he is not liable; if he took it out on the first’s initiative, everybody agrees that he is liable24In the Babli this seems to be only R. Simeon ben Eleazar’s opinion since he formulates: “Anything which is not usually stored, but somebody stored it for his use, and a second person came and took it out, the second becomes liable by the first’s intention.”. But we must hold when it was not explained. The rabbis say, it is a common presumption25This is one of the many meanings of חֲזָקָה: A common presumption to be used in the absence of information to arrive at a judgment. Cf. Ketubot 5:5, Note 100. that he took it out on the second’s initiative; Rebbi Simeon ben Eleazar says that it is a common presumption that he took it out on the first’s initiative. MISHNAH: He who takes out foodstuffs and puts them on the threshold3Cf. Chapter 1, Note 66., whether afterwards either he or another person took it out, is not liable since he did not complete his action in one piece. If a basket full of produce was put on the outer threshold, even if most of the produce is outside one is not liable until one take out the entire basket4Since the threshold is not outside, there is no completed action by depositing the basket on the threshold, cf. Chapter 1, Note 1. Even if part of the basket is outside, since only the entire basket is moved and not its contents separately, the exact place of the contents is irrelevant, cf. Mishnah 9:7.. HALAKHAH: 2. Ḥizqiah said, the Mishnah is about a basket full of green melon and squash, where part of the food is inside and part outside26Discussion of the second part of Mishnah 2. He does not hold that the basket has the same status as its contents but only if all produce in the basket are both inside and outside the private domain is there no liability. Babli 92b.. But a basket full of grain, when he took out in the volume of a dried fig he is liable. They said, Rebbi Joḥanan’s statement disagrees, as Rebbi Ḥiyya said in the name of Rebbi Joḥanan: A crocheted cloth27Which was used by bakers. In the Babli, loc. cit., R. Joḥanan is quoted directly that the Mishnah holds even for a basket full of mustard seeds. part of which was inside and part outside, if he took from one side and put it down on the other he is not liable. If he lifted it, only if he lifted it entirely at the same time. 28Here starts a Genizah fragment edited and commented on by S. Abramson (Kobez al Yad 8(18) 1975, pp. 1–14, A). The text is a continuation of the preceding paragraph. Rebbi Mana said before Rebbi Yose: Explain it if it was broken open29Ḥizqiah’s statement does not contradict the Mishnah if we assume that the container was torn open and it is possible to take produce from the public domain directly from the bottom of the basket without lifting over the rim. The objection is that then the vessel no longer is called “a basket”.. He said to him, but did we not state ‘a basket”; can you say, a basket broken open? What about this? Nothing is moved in the public domain and becomes karmelit except a human30For the notion of karmelit, see Chapter 1, Note 73. The transport from a public domain to karmelit followed from one from the karmelit to the public domain does not create liability. If the basket could be considered karmelit, Ḥizqiah’s statement would be impossible. But since karmelit is a notion applicable only to real estate not readily accessible or to a human’s hand, Ḥizqiah’s restrictive interpretation of the Mishnah cannot be disproved.. Ḥizqiah31A reads “R. Ḥizqiah”. But since his statement is followed by quotes from early Amoraim, the text of the Leiden ms. is preferable. said, if he took out a bundle from a private to the public domain and before he put it down already its head was higher than ten [hand-breadths], since it does not completely rest in the public domain he is not liable32Cf. Chapter 1, Note 109. The air space over public domain is “exempt space” from which motion to and from private or public domains is not restricted.. Rebbi Samuel ben Rav Isaac said, if he took out a beam from a private to the public domain and before he put it down already its head was in another private domain33Even though it is a matter of dispute whether carrying from one private domain to another creates liability, it is clear that the beam was not deposited completely in the public domain and, therefore, no complete action was performed. Chapter 1, Note 1., since it does not completely rest in the public domain he is not liable. Rebbi Joḥanan said, if a stone is in the public domain, ten [hand-breadths] high and four [hand-breadths] wide34The top of the stone becomes a private domain; it is not part of the exempt space over the public domain. Babli 99b,8a., anybody who moves from it to the public domain or from the public domain to it is liable. Samuel said, a basket full of produce put into the public domain, ten [hand-breadths] high and four [hand-breadths] wide, anybody who moves from it to the public domain or from the public domain to it is not liable. Do they disagree? Here, if it was turned on its side35In Samuel’s case, the basket is turned on its side; one may take things out without taking them over the rim of the basket. The fact that one of the sides of the basket is higher than 10 hand-breadths becomes irrelevant in this case., there if it was not turned on its side. Rebbi Abun bar Ḥiyya asked, if one moved a stone in the public domain, ten [hand-breadths] high and four [hand-breadths] wide, how do you treat it? As one who moves from it to the public domain or from the public domain to it, or from the public domain to a different public domain? The rabbis of Caesarea said that Rebbi Joḥanan asked: If one piles five [hand-breadths] on top of five, how do you treat it? As one who moves from a private domain to karmelit, from karmelit to a private domain, from a private domain to another private domain36They carried great and important things; it seems impossible to conclude that anything small as a dried fig should have been carried with the Tabernacle.? MISHNAH: One who takes out either with his right hand, or with his left hand, or in his bosom, or on his shoulder, is liable since this was the carrying of the Kehatites5They were carrying the sacred contents of the Tent of Meeting on their shoulders or in their hands; Num. 7:9.. On the back of his hand, on his foot, in his mouth, on his elbow, in his ear, or in his hair, or in his money belt6Latin funda, -ae, f. whose opening is downward7In this case it cannot serve as a wallet since the money would fall out of the belt. This is a case of unprofessional use which, while prohibited, does not create liability., between his belt and his garment, or in the seam of his garment, in his shoe, or in his sandal, he is not liable since he did not take out in the way of takers-out. HALAKHAH: Rebbi Yose asked: This implies that if somebody took out the volume of a dried fig on his shoulder, he is liable. Is that the carrying of the Kehatites36They carried great and important things; it seems impossible to conclude that anything small as a dried fig should have been carried with the Tabernacle.? But it is written37Num. 4:16. Since there it is not reported that the other Kehatites would carry his charges, it follows that he himself had to carry everything during their wanderings in the desert. Cf. Rashi 92a on the Mishnah., the office of Eleazar, Aaron’s son, the priest: The oil for illumination, the spice incense, the permanent flour offering38The daily offering brought by the High Priest, Lev. 6:12–16., and the anointing oil. The oil for illumination in his right hand, the spice incense in his left hand, the permanent flour offering of that day hanging on his arm. Where was the anointing oil? Rebbi Abun in the name of Rebbi Eleazar: a small flask he had on his money belt. If you say that he was unimportant, Rebbi Joshua ben Levi said, it is written39Num. 3:32.: The prince of the princes of the Levites, Eleazar, Aaron’s son. A duke40Latin dux, ducis, m. As in English, the Hebrew form is derived from the root, not the nominative. of dukes he was. The great Rebbi Jehudah said, he was the executive officer. “And why was his title Markol? Because he had the say about everything.41“Having a say about everything.” Tosephta Šeqalim 2:15.” Only there is no greatness in the king’s palace. Rebbi Levi said, it is written42Lev. 6:3., the priest shall dress in linen garmentand remove the ashes, only there is no greatness in the king’s palace. MISHNAH: One who intends to carry on his front but it turns out that he carried on his back is not liable8Explained in Chapter 1, Note 75.. On his back and he carried on his front he is liable. In truth9Every rule introduced by “in truth” is unquestioned practice. a woman who ties to her sinar10Cf. Soṭah 1:2, Note 115. According to Rashi, leather underpants; according to Maimonides a sash covering front and back. In modern Hebrew “apron”, following Maimonides. whether in front or back is liable since it is apt to move. Rebbi Jehudah says, the same holds for messengers11פטק is Latin pittacium, Greek πιττάκιον “note delivered from one government office to another; ticket, label, patch.”. HALAKHAH: There, we have stated43Mishnah Keritut 4:3. A purification offering is possible only for the awareness that an inadvertent sin punishable with extirpation has been committed. In the interpretation of R. Simeon fron Shezur and R. Simeon (ben Yoḥai), for R. Eliezer, the awareness of a sin generates the liability, for R. Joshua only the awareness of the exact circumstances of the transgression causes liability, even if the category of the sin is not in doubt.: “Rebbi Simeon from Shezur and Rebbi Simeon say, they did not disagree about anything which falls under the same appellation that he is liable. Where did they disagree? About something which is because of two appellations, where Rebbi Eliezer holds him liable for a purification sacrifice but Rebbi Joshua holds him not liable.” Rebbi Ila in the name of Rebbi Eleazar: Following him who said that they disagreed about two appellations, but not following him who said that they disagreed about one appellation. Here there are two appellations and he is not liable44R. Eleazar rejects the interpretation of Mishnah 4 that a person who intended to carry something in front but in fact carried it on his back did not execute his intention whereas one who intended to carry something on his back but in fact carried it in front did better than intended. Then the question arises why in one case is there liability but not in the other. If we say that carrying in front or back are two different appellations within the one category of “taking out”, then we should expect R. Eliezer to declare liability in both cases and R. Joshua no liability in either case. Therefore the Mishnah follows R. Eliezer in its first statement, R. Joshua in the second. Since both statements are anonymous, one would expect consistency. The text has to be read as follows:
Following him who said that they disagreed about two appellations, it is clear that R. Eliezer declares liable but not R. Joshua. But not following him who said that they disagreed about one appellation. Since the distinction is made only by two authors it is clear that there is an assumption that there is an opposing opinion which holds that R. Joshua frees from liability in any case where there is a doubt even if it is only in the way an intention was executed. Here there are two appellations and he is not liable according to both interpretations of R. Joshua (whose opinion is followed in general against R. Eliezer.)
. “On his back and he carried on his front he is liable;” following him who said that they disagreed about one appellation. But following him who said two appellations? Here it is one appellation and he is liable45Here one reads: “On his back and he carried on his front he is liable;” following him who said that they disagreed about one appellation there is a problem to explain this following R. Joshua. But following him who said two appellations it is obvious that this Mishnah cannot follow R. Joshua. Here it is one appellation and he is liable, according to everybody in the interpretation of RR. Simeon from Shezur and R. Simeon.. Rebbi Ila in the name of Rebbi Eleazar: it is a case of Tannaim46It is possible to read the entire Mishnah as following R. Joshua as required by our practice, but the second statement follows RR. Simeon from Shezur and R. Simeon in their interpretation of R. Joshua’s position and the first statement follows their opponents.. He who says there “liable”, also here “liable”; he who says there “not liable”, also here “not liable”. “In truth.” Rebbi Eliezer said, any place where “in truth” was stated it is practice going back to Moses on Sinai48Babli 92b. In the two other quotes of this statement, Kilaim 2:2 Note 36, Terumot 2:1 Note 16, the tradent is R. Eleazar.. MISHNAH: He who takes out foodstuffs less than a measure in a vessel is not liable even for the vessel since the vessel is an accessory to it, for a living person on a bier he is not liable12A living being, not only a human, “carries himself”; carrying a live person always is an act performed by two persons, the carrier and the carried and, therefore, creates no liability. even for the bier since the vessel is an accessory to him. For a dead person on a bier he is liable, and so for the volume of an olive from a dead person, or the volume of an olive from a carcass, or of a lentil from a crawling animal13I. e., the minimum volume which creates impurity. one is liable, but Rebbi Simeon declares not liable14As work not needed for its own purpose..
He who takes out a loaf into the public domain is liable. If two together took it out they are not liable15Cf. Chapter 1, Note 1. R. Simeon holds that even in the latter case there can be no liability attached to work done by several people in common by biblical decree; see in the Halakhah on Mishnah 5.. If one alone is unable to take it out and two took it out they are liable, but Rebbi Simeon declares them not liable. HALAKHAH: When she was doing it49Lev. 4:27, establishing the qualifications for a purification offering. The feminine refers to נֶפֶשׁ “a person”. The singular both of verb and suffix shows that the verse refers to a single person and a single action. Babli 93a; cf. Horaiot 1:1 Note 8, Sifra Ḥova (Wayyiqra II) Parashah 7(4,9).
The paragraph refers to Mishnah 6 which frees from liability two or more people engaged in transporting on the Sabbath.
. The individual who did it is liable; two or three who were doing it are not liable. Rebbi Joshua the Southerner said before Rebbi (Yasa) [Yose]50Since R. Joshua the Southerner was a contemporary of R. Yose, two generations after R. Yasa, the reading of A in [brackets] has to be accepted. in the name of Rebbi Aḥa: A weaver’s beam, Rebbi declares not liable, but Rebbi Eleazar ben Rebbi Simeon said, he is liable51Cf. Babli 93b, where this tradition is rejected at the end. The weaver’s beam usually is operated by a single person; what is the situation if it was carried into the public domain by two people? It can be carried by one person; by the criterion of Mishnah 5 there should be no liability. But since the beam is large, it is inconvenient to be carried by one person; there is an argument to be made that there is liability.
The spelling of A is correct in normative grammar.
. Rebbi said to him, so I heard from your father. He answered him, I served my father standing more than you served him sitting. But was Rebbi the student of Rebbi Simeon (bar) [ben] Yoḥai52In the Leiden ms., this sentence is a corrector’s addition. The spelling “bar Yoḥai” is a clear Babylonism; the reading of A in [brackets] is preferable.? Was he not the student of Rebbi Jacob bar (Qodshai) [Qorshai]53Probably the reading of the ms. in (parentheses) is preferable. In Pesaḥim 10:1 (37b line l. 62) the scribe first wrote קורשיי but then corrected it to קודשיי. In the Babli, Horaiot 13b, the early prints and the Munich ms. read קדשי (cf. Diqduqe Soferim,Abodah sarah etc. Horaiot p. כג, Note ח֜.)
R. Eleazar ben R. Simeon indicates that from the incidental remarks of his father he learned more than Rebbi did in his formal studies.
? But so he must have said to him, He answered him, I served my father standing more than you served your teacher sitting. When Rebbi Eleazar ben Rebbi Simeon came to the house of assembly, Rebbi’s face darkened54Because R. Eleazar ben R. Simeon always tried to prove him wrong.. His father told him, it is correct so, for he is a lion son of a lion, but you are a lion son of a jackal55Babli Bava meṣi aˋ 84b.. When (Rebbi Eleazar) [he]56The reading of A in [brackets] is preferable. died, Rebbi sent to ask his wife in marriage. She said to him, a vessel which was used in holiness should be used in a profane way? 6. Rebbi Samuel ben Rav Isaac said, what you are saying is about when the vessel is needed, as for mulberries. But if they do not need their vessel he is liable also for the vessel57This refers to Mishnah 5, showing that the Halakhah reads Mishnah 6 before Mishnah 5, as in the Babli. The vessel is secondary to the food only if it is necessary. If the fruits are so large that the vessel is not needed, the vessel no longer is an accessory. The Babli (93b bottom) has a different take on the problem. The word which illustrates the second alternative in A is unexplained; the editor of A reports that the reading is uncertain.. “A living person on a bier is not liable12A living being, not only a human, “carries himself”; carrying a live person always is an act performed by two persons, the carrier and the carried and, therefore, creates no liability. even for the bier,” for the living carries himself58Babli 94a, 141b; Eruvin 103a; Yoma 66b.. “A dead person on a bier is liable,” the opinion of everybody59The questioner refers the remark at the end of Mishnah 5, “R. Simeon declares not liable” to the entire statement.? Was it not stated, also bad smell in the most minute amount? Rebbi Ila said, also Rebbi Simeon agrees to this. Rebbi Simeon also agrees in cases of prohibitions of usufruct60Chapter 9, Note 136. How can R. Simeon require the volume of an olive of a corpse since it smells badly and is forbidden for usufruct?. Rebbi Yudan said, explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog61Gentile corpses are not forbidden for usufruct. Therefore neither of R. Simeon’s exceptions applies.. It was stated: For half the volume of an olive of a corpse and half the volume of an olive of a carcass and less than the volume of a lentil of a crawling animal one is liable, but Rebbi Simeon declares not liable. What is Rebbi Simeon’s reason? The impurity already is eliminated62Therefore he does not agree that the volumes may be combined since the minimum amount for a corpse is the volume of an olive but for carcass meat or crawling animal it is a dog’s mouthful.
The reading of A, “the volume of a lentil”, seems to be a scribal error. Cf. Babli 94b.
. What is the rabbis’ reason? Following Rebbi Yudan explain it if the corpse is a Gentile’s without bad smell and he takes it out for his dog61Gentile corpses are not forbidden for usufruct. Therefore neither of R. Simeon’s exceptions applies.. MISHNAH: He who takes off his fingernails one with the other or with his teeth, and similarly his hair, or his mustache, or his beard, and similarly the woman who braids, or who puts on kohl, or puts on make-up, Rebbi Eliezer declares liable for a purification sacrifice but the Sages say because of Sabbath rest16“Sabbath rest” always means “rabbinic prohibition”.
Rashi on the Mishnah quotes two interpretations of פוקסת: “putting on make-up” (Yerushalmi), “combing the hair” (Babli). The latter meaning may be connected to Arabic فقس “to draw somebody by the hair.”
. One who plucks from a flower pot with a hole is liable17Because it is connected to the ground by the hole at the bottom, plucking from the flower pot is harvesting. If there is no hole at the bottom, plucking is harvesting only rabbinically, not creating liability., with no hole is not liable, but Rebbi Simeon declares not liable in either case18If the root of the plant reaches the hole, even R. Simeon agrees that plucking from the flower pot is harvesting.. HALAKHAH: 63Discussion of Mishnah 7. In A simply a note: (new) Mishnah. Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Where do they differ? If he himself took them but if another took them they are disgusting64Since it is unprofessional to trim somebody else’s fingernail with his fingers, even R. Eliezer must agree that there is no liability created. Babli 94b.. The words of the Sages, Rebbi Aḥa, Rebbi Naḥum in the name of Rav, he is never liable unless he take them with a grooming knife65Greek κνηστήρ, -ῆρος, ὁ. S. Liebermann, Tosefta kiFshutah Šabbat p. 137, Note 31, supported by the reading of A. In the Babli, the word appears as גנוסטר. In contrast to the Yerushalmi which requires a professional tool, the Babli declares liability for the use of any tool, 94b.. Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: The one who braids is liable because of building66Babli 94b/95a.. This follows what Rebbi Joḥanan said in the name of Rebbi Banaya: At our place they call builder one who is plaiting67Berakhot61a, explaining Gen. 2:22, not that God built up the rib, but that He braided the side (the female side of the human created as Siamese twin, Gen. 1:27.). Rebbi Zeˋira said, would it not be reasonable that it should be because of weaving? The argument of Rebbi Zeˋira is inverted, for there said Rebbi Zeˋira, Rebbi Ḥiyya in the name of Rebbi Joḥanan, one who plaits three hairs of a human is liable because of weaving; Rebbi Zeˋira said, is it not spinning rather than weaving? And here he says so! There if they are few, here for many68Plaiting a few hairs is like spinning, braiding a full head of hair is like weaving.. That is what you say about a human, but for an animal it is pure, as it was stated: One who makes a belt69Latin fascia, -ae, f.. under the heart, to beautify, or to fasten the bags70Latin marsupium, -ii,n.., to hang it around an animal’s neck, is pure71This has nothing to do with the rules of the Sabbath. It is a side remark that only vessels and implements for human use are susceptible to impurity, not anything manufactured for exclusive use as decoration of animals. Cf. Tosephta Kelim Bava batra 4:14.. That is, for simple ones. But if the are folded, whether for human or for animal they are impure72The moment anything can be used as a container it is usable for a human and therefore subject to impurity even if used for animals.. The one who applies kohl is liable because of writing;73Since circling the eye with kohl amounts to writing the letter ס or the paleo-Hebrew ˋayin, o. the one who puts on make-up is liable because of dyeing66Babli 94b/95a.. Isaac bar Orion said, where do they disagree74The disagreement between the rabbis and Rebbi Simeon about harvesting from flower pots on the Sabbath; cf. Notes 17,18. The main part of the paragraph is from Kilaim 7:6, Notes 80–83.? If he did not pluck it off over the hole. But if he plucked it off over the hole also Rebbi Simeon will agree. Rebbi Jeremiah asked: If everything was in the Land but the hole outside the Land75This has nothing to do with the rules of the Sabbath but with agricultural laws, such as heave, tithes, and the Sabbatical year, which are intrinsically restricted to growth of the Holy Land. If the rabbis consider a flower pot agricultural land, what is the status of such a pot standing in the Land but drawing its moisture from outside the Land? For Isaac bar Orion obviously the pot belongs to the outside.? It turns out that you may say what was questionable for Rebbi Jeremiah was obvious for Isaac bar Orion. These are it76This is a shortened reference to the text in Kilaim which has become unintelligible. The text referred to reads in full: It was stated: “the only difference between a flower pot without a hole and one with a hole regards preparation for impurity.” That is for Rebbi Simeon, but for the rabbis there are others. (Babli 95a/b,). But there are others! “A flower pot with a hole sanctifies in a vineyard, one without a hole does not sanctify77A part of Mishnah Kilaim 7:8 in the independent Mishnah mss., not in the Mishnah of the Yerushalmi. Growth of produce other than vines in a vineyard makes everything forbidden for usufruct; Deut. 22:9..” “A flower pot with a hole cannot prepare plants, one without a hole prepares.78Mishnah Uqeṣin 2:10. Food can become impure only after the harvest and only after having been wetted, cf. Demay Chapter 2, Note 141. A plant in a pot with hole is a plant in the earth and nothing can make it prepared for impurity at this stage. A plant in a pot without hole is already harvested since it can be plucked on the Sabbath without fear of prosecution; if it is watered, it becomes subject to possible impurity.” “He who plucks from a flower pot with a hole is liable, from one without a hole he is not liable.17Because it is connected to the ground by the hole at the bottom, plucking from the flower pot is harvesting. If there is no hole at the bottom, plucking is harvesting only rabbinically, not creating liability.” Rebbi Yose referred to it as anonymous statement, Rebbi Ḥanania quoted it in the name of Rebbi Samuel bar Rav Isaac79In another quote of this sentence, in Maˋserot 5:2 (Note 46): Rebbi La.: The Torah extended the purity of growing plants80Lev. 11:37. This explains why R. Simeon agrees with the rabbis that a flower pot with hole is immune from impurity and is not comparable to a pot with hole: The verse insists that anything sown in any way acceptable in agriculture is pure. The main point of the argument is lost in the quote here (which again shows that its origin is in Kilaim). The “etc.” hides the final statement of the verse: it is pure. The quote of the verse also is truncated in the Babli, 95b.: If any of their cadavers falls on any sown seed apt to be sown, etc. MISHNAH: If one throws from a private domain to the public domain or from the public domain to a private domain, he is liable. From a private domain to another private domain when a public domain is between them, Rebbi Aqiba declares him liable1Under certain conditions as discussed in the Halakhah. but the Sages declare him not liable2Since motion requires start and finish, they consider it a Sabbath violation only if either one of start or finish was in a private and the other in the public domain or both in the public domain at a distance greater than 4 cubits.. HALAKHAH: “If one throws from a private domain,” etc. Throwing is a derivative of transporting24This sentence is the answer to the obvious question, why is a Chapter devoted to throwing when throwing was not listed among the 39 categories of forbidden work? Babli 96b.. Is there no difference, whether according to his25As follows from the sequel, the question is about interpreting R. Aqiba’s position, where there is a dispute between Rebbi (referred to as “he”) and the majority of the rabbis of his generation. opinion or that of the rabbis, only if it came to rest from a public domain into a private domain? In Rebbi’s opinion, even if it did not come to rest26Since the airspace over a private domain belongs to that domain up to an indeterminate height, Rebbi considers the entry of an object into this airspace as valid delivery; the rabbis read the statement that “a person’s courtyard acquires for him” to refer only to the soil, not to the airspace over it. The disagreement essentially refers to matters of civil law; its applicability to the laws of the Sabbath is questioned later in the paragraph. (Šabbat 1 Note 107, Babli 4a, 5a, Giṭṭin 79a).
In the Babli (4b) it is stated that one who threw from a public domain to another over a private domain is not liable for the Sages but twice liable for Rebbi. Since the Yerushalmi does not quote this statement, it cannot be presupposed here.
; in the rabbis’ opinion, only if it came to rest. For Rebbi Abba bar Ḥuna said in the name of Rav: Rebbi declared liable only for a private domain which was roofed27Babli 4a/5b. An object is delivered into a courtyard only if it comes to rest on the ground. But delivery to a house is effected the moment the object is in the house since even the air in the house is considered soil. For this rule, “house” is any covered place even if it has no walls.. The word of Rebbi Joḥanan implies, even if it was not roofed, 28From here on the text is copied from Giṭṭin 8:3 (ט, Notes 54–57). The topic of divorce at the end is referred to as “here”. for Rebbi Immi said in the name of Rebbi Joḥanan: Only if it descended to within the partitions29This refers to the last sentence in Mishnah Giṭṭin 8:3. If the husband throws the bill of divorce from his roof to her courtyard, it is possible to say that the bill was delivered the moment it cleared the roof only if the walls of the wife’s courtyard are higher than the husband’s roof. Otherwise it would be legally delivered only if the bill fell below the level of the courtyard walls. (The same argument is quoted in Samuel’s name in the Babli, Giṭṭin 79a.). Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up27Babli 4a/5b. An object is delivered into a courtyard only if it comes to rest on the ground. But delivery to a house is effected the moment the object is in the house since even the air in the house is considered soil. For this rule, “house” is any covered place even if it has no walls.? He said to him, it is everybody’s opinion30The Babli agrees, Giṭṭin 79a, that the delivery of bills of divorce is governed by the rules of property rights, not those of the Sabbath.. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed?31For the rules of the Sabbath. What is the difference between bills of divorce and the Sabbath? Rebbi Ila said, about the Sabbath it is written: You shall not do any work32Ex. 20:10.; it may make itself automatically34Deut. 24:1.. But here he shall deliver into her hand34Deut. 24:1., into her domain. Samuel said, they taught this35The disagreement between R. Aqiba and the Sages about one who throws from one private domain to another over a public domain. In his opinion, R. Aqiba declares him liable because he holds that anything within 10 hand-breadths off the soil is as if it was resting; if the object passed within 10 hand-breadths off the soil it is as if it was exported from a private to the public domain and biblically forbidden. only about lower than ten [hand-breadths]. Therefore higher than ten [hand-breadths] it is forbidden36Since it says “forbidden” but not “liable”, the prohibition is purely rabbinic, not biblical.. The statement of Rebbi Eleazar implied that even higher than ten [hand-breadths] it is permitted37Rashba (Novellae ad 97a) reads: “The statement of Rebbi Eleazar implied even higher than ten [hand-breadths],” meaning that the dispute between the Sages and R. Aqiba is not dependent on the height on which the object passes over the public domain. He does not read “it is permitted”. But his (and a similar remark by Ritba ad 97a) cannot be taken as witness to the text since he is dependent on his teacher Nahmanides (Novellae Sabbath, ed. M. Herschler, col. 337–338) who does not read “it is permitted” in the quote from the Yerushalmi. But since he finds it necessary in an appendix to his Commentary to justify his not reading the clause it is clear that he amended the text. It follows that the medieval authors confirm the text as given in the ms. This does not mean that Nahmanides’s emendation as adopted by Rashba not be justified; it is required by the text which follows.. For Rebbi Ila said in the name of Rebbi Eleazar, Rebbi Aqiba learned from the carts4,Since a situation like this never occurred in the service of the Tabernacle. The Merarites had four carts (Num. 7:8) to carry the planks which formed the walls of the Tabernacle. When the latter was disassembled the carts were lined up on both of its sides and loaded there; therefore it could happen that a plank was transferred from a cart to one parallel to it (as mentioned in the next Mishnah) but never from a cart to one parallel to it when they were separated by the public domain. The loading docks of the carts were more than ten hand-breadths high and four-by-four hand-breadths wide; this qualifies them as private domains. Since the Tabernacle was disassembled during decamping and the curtains surrounding the Tabernacle removed, the area in which the carts were standing reverted to the status of public domain. (Explanation of Maimonides.)38In the Babli (92a, 97a) R. Eleazar derives the prohibition of carrying in the public domain from the work of the Kehatites who carried the contents of the Tabernacles on their shoulders (Num. 7:9).; and were the carts not higher than ten [hand-breadths]39Cf. Chapter 1, Notes 127–129.? Some Tannaim state “how is this”40In the first version, which is the text of our Mishnah, Mishnah 2 is a direct continuation of Mishnah 1 and an explanation of the last sentence in that Mishnah. In the second version the two Mishnaiot are not directly connected.; some do not state “how is this”. In Rebbi Eleazar’s opinion there is “how is this”, in Samuels’s opinion there is no “how is this”. Rebbi Isaac ben Rebbi Eleazar asked: If one threw from a private domain to the public domain and remembered when it was over the public domain, in Rebbi Aqiba’s opinion it should be considered as if it rested in the public domain and he should be liable twice41The statement is elliptic since in Mishnah 7 it is stated that if one throws in oblivion of the Sabbath rules and recognizes his error while the object is in flight there cane be no liability for a purification sacrifice. Therefore one has to assume that there was only a fleeting consciousness of the Sabbath prohibition followed by another period of oblivion. Then for R. Aqiba the moment of recognition should be counted both as rest for a first and start for a second throw and there should be liability for two sacrifices. (Cf. Babli 4b where Rav Jehudah holds that R. Aqiba in the interpretation of Rebbi declares that there are two liabilities incurred by throwing from public domain to public domain over a private domain.). Rebbi Ḥuna said, Rebbi Aqiba made him liable only by means of the second private domain42Since anything can happen as long as the object did not come to rest (as described in Mishnah 7), there can be no liability created before this time.. Rebbi Abbahu says in the name of Rebbi Eleazar in the name of Rebbi Joḥanan: If one was standing in the public domain and threw higher than ten [hand-breadths]. One sees that if it fell down it would come to rest within four cubits he will not be liable, otherwise he will be liable43Even though it passed through exempt space.. But did not Samuel state: From public domain to public domain with a private domain in the middle, one sees that if it fell it would come to rest within four cubits he will not be liable, otherwise he will be liable44The combined distance travelled over the second public domain must be more than 4 cubits.. There, you are saying that public domain is not joining, but here you are saying that public domain is joining45Why travelling over private domain requires 4 cubits on the other side, with what happened on the other side being disregarded, while travelling through exempt space is no different from travelling over public domain?? Rebbi Ḥuna said, there where if it falls down the ground under it is private domain but here where if it falls down the ground under it is public domain46In the first case, if the object fell down in the private domain there would be no liability since the intention was to throw into the public domain while in the second case there is liability from the moment the projection of the trajectory onto the ground extends to over four cubits.. It was stated in the name of Rebbi Jehudah: One who threw four cubits in the public domain is liable47He denies that throwing is a derivative of transporting (Note 24). Babli 97b.. Rebbi Jehudah considers four cubits in the public domain a separate category of work48If he transported from a domain to another by throwing he is twice liable, Babli 97b.. In Rebbi Jehudah’s opinion there are 40 categories of work: should we not state this? We come to state only things about which everybody agrees. Rebbi Zeˋira, Rebbi Joshia in the name of Rebbi Joḥanan: Rebbi Jehudah learned this from those who were sewing the gobelins, for those sewing the gobelins were throwing the needles one to another49Babli 96b., Ex. 26:1–6. R. Jehudah must hold that throwing within 10 hand-breadths from the soil is transporting in the public domain.. Is that not karmelit50Since the camp was organized as a private domain only after the Tabernacle was in service (Num. 2:1), in the period of construction of the Tabernacle they were dwelling in the desert; the space between the tents was karmelit. If the argument is correct then carrying in karmelit should be biblically prohibited and causing liability. This contradicts practice (Chapter 1, Note 73).? Rebbi Ḥinena said, they were throwing sideways51They threw outside of the tents in the public domain. The Babli 96b rejects the entire argument as impossible.. MISHNAH: How is this? Two balconies3Greek ἐξώστρα, ἡ “balcony, bridge between two towers (military)”, also Latin exostra. These are at least ten hand-breadths high and four-by-four hand-breadths wide on top, to constitute separate private domains. one vis-a-vis the other in the public domain: one who hands over or throws from one to the other is not liable4Since a situation like this never occurred in the service of the Tabernacle. The Merarites had four carts (Num. 7:8) to carry the planks which formed the walls of the Tabernacle. When the latter was disassembled the carts were lined up on both of its sides and loaded there; therefore it could happen that a plank was transferred from a cart to one parallel to it (as mentioned in the next Mishnah) but never from a cart to one parallel to it when they were separated by the public domain. The loading docks of the carts were more than ten hand-breadths high and four-by-four hand-breadths wide; this qualifies them as private domains. Since the Tabernacle was disassembled during decamping and the curtains surrounding the Tabernacle removed, the area in which the carts were standing reverted to the status of public domain. (Explanation of Maimonides.). If they both were on the same floor5Greek δίαιτα, ἡ. Separate balconies on the same floor, extending over the public domain. If one hands over from one to the other one imitates the Merarites in the desert, which is counted as a Sabbath violation. But since the planks of the Tabernacles never were thrown, throwing from one balcony to an other cannot be sanctioned., the one who hands over is liable but the one who throws is not liable, for this6Handing over, not throwing. was the service of the Levites.
Two carts, one parallel to the other in the public domain: they7The Merarites (Note 4). used to hand over from one to the other but did not throw. The enclosure of a cistern or a rock8Surrounded by public domain. high ten [hand-breadths] and wide9In two directions so that the surface area of the enclosure or the top of the rock is at least 16 (hand-breadths)2. four [hand-breadths]: one who takes from them or puts on them is liable, less than this he is not liable10If the height is less than ten hand-breadths the place is karmelit; if the surface area is insufficient the place is either karmelit or exempt space (Chapter 1, Note 109), depending on the height.. HALAKHAH: 251They threw outside of the tents in the public domain. The Babli 96b rejects the entire argument as impossible.. Rav said, here52The first sentence in the Mishnah. For him reaching or throwing over a public domain through exempt space is both biblically and rabbinically permitted. there is no “not liable” but “permitted”. In Rav’s opinion, higher than ten [hand-breadths] is permitted. In Samuel’s opinion, higher than ten [hand-breadths] is forbidden53Rabbinically. This is consistent with his opinion that Mishnah 2 is not a continuation of Mishnah 1.. Rebbi Ila in the name of Rebbi Simeon ben Laqish: on condition that the public domain surround it from all sides54The remark about the Levites’ carts should be read before this sentence (S. Liebermann), cf. Babli 99a. Since when camp was broken the carts were standing in the public domain, the difference between below and above ten hand-breadths biblically refers only to the situation of private domain surrounded on all sides by public domain. The opinion of R. Joḥanan can be valid only rabbinically.. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, even from one side. From these carts. Were the carts not higher than ten [hand-breadths]39Cf. Chapter 1, Notes 127–129.? Rebbi Aḥa in the name of Rebbi Maisha: only by two persons55Handing over an object from one private domain to another over public domain is biblically a Sabbath violation only if giver and recipient are two different persons, not if executed by one person alone.. Everywhere you are saying, two persons acting together are not liable56Chapter 1, Notes 1,105; Chapter 10, 12c l. 47. Babli 3a., but here you are saying, two persons acting together are liable. There is a difference, because this was the office of the Levites in the Tent of Meeting. What was the office of the Levites in the Tent of Meeting? Two carts one parallel to the other in the public domain. They were handing the planks from one to the other but not throwing57Therefore throwing over the public domain never is a biblical violation in the interpretation of the Sages.. Bar Qappara stated, not to treat the planks58In all medieval quotes of this sentence enumerated by Ratner and Liebermann one reads קדשים “sancta” for קרשים “planks”. with contempt. 59This paragraph also is Eruvin 8 (Note 57, ז). The statement of R. Joḥanan also is quoted there in Chapter 1, Notes 178, 255, Chapter 7, Mote 44. Cf. Babli 99a. Rebbi Joḥanan said, what is standing and the hollow combine together (to ten)60This was written by the scribe both here and in the parallel and deleted both times. It is not written in the other quotes of R. Joḥanan. As explained in the next Note, one should follow S. Liebermann in treating the deletion as unnecessary. to four, but only if what is standing is more than the hollow61This now refers to the second part of Mishnah 3 where it is stated that an elevated surface in the public domain, ten hand-breadths high and four-by-four wide, constitutes a separate private domain. It is now stated that it is not necessary that the entire surface be solid material; if one has two walls standing close together, not only may one add the surface areas of the two tops to satisfy the requirement of 16 (hand-breadths)2, but one even may add the space between the two walls to the count. In the first formulation it only is required that the total solid surface area be larger than the hollow space added. This is the Babli’s formulation of similar cases in Eruvin.
In this case it would seem that there be no occasion to mention “ten” since a wall cannot be built partially suspended without support. But the wall may be built partially solid and partially on thin pillars; this is the case considered frequently in Eruvin (e. g. Mishnah 1:9) and Sukkah (e. g. Mishnah 1:9). Therefore it is reasonable that the full text be quoted for the full statement but only the relevant statement about surface area when height is not considered a problem. Cf. Babli Eruvin 16a. The Yerushalmi clearly requires the solid part to be larger than the hollow.
. Rebbi Zeˋira asked, only if what is standing on each side is more? Rebbi Yose said, it is obvious for Rebbi Zeˋira that what is standing on one side only does not combine; it is obvious for him that (not)62Delete with the Eruvin text; the text here is a scribal error induced by the parallel preceding sentence. one side must be more. He only questions even the second standing part63First, and this easily is read into R. Joḥanan’s statement, one really requires two walls with a hollow in between, not one almost sufficient wall to which one adds the hollow bordered by a virtual second side. In addition he requires that the surface area of the hollow be smaller than at least one of the solid surfaces. The only question is whether both bounding surfaces must be larger than the hollow part. In the latter case, the surface area of the hollow part must be strictly smaller than one-third of the total surface area.. “The enclosure of a cistern or a rock8Surrounded by public domain. high ten [hand-breadths] and wide9In two directions so that the surface area of the enclosure or the top of the rock is at least 16 (hand-breadths)2. four [hand-breadths].” Where do we hold64This does not refer to the sentence quoted but to its sequel: “less than this he is not liable.” The question is whether this means “less than 10 or less than 4” or “less than 10 and less than 4”.? If ten high (and four wide, it is a domain by itself. Ten high)65The text in parentheses was added by the corrector. As S. Liebermann has pointed out, this text is irrelevant for the topic here, it is a copy from Chapter 1, Notes 170–171. but not four wide, that is what Rav Ḥisda said in the name of Issi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways; on condition that he not exchange66Therefore the Mishnah should have said “permitted” instead of “not liable” which implies “prohibited but not prosecutable”.. But we must deal with the case that it is neither four wide nor ten high. But did not Ḥiyya, the son of Rav, say, anything which hinders access in the public domain is called karmelit67Again the Mishnah should have mentioned “permitted”.? Rebbi Yudan said, what Ḥiyya, the son of Rav, said refers to the middle68Obviously one has to switch the places of “middle” and “on the side”, Chapter 1 Note 73. A bump in the middle of the public domain is not karmelit, but remains part of the domain. Cf. Babli Eruvin 94a., but on the side the public domain invalidates it68Obviously one has to switch the places of “middle” and “on the side”, Chapter 1 Note 73. A bump in the middle of the public domain is not karmelit, but remains part of the domain. Cf. Babli Eruvin 94a.. Rebbi Joḥanan said, there is here no “not liable” but “permitted69In the preceding discussion it was established that the Mishnah refers to a wall lower than ten and narrower than four hand-breadths which therefore is part of the public domain and the access to it is not restricted. The statements attributed here to R. Joḥanan are credited to Samuel in the Babli, 3a..” There70All the Mishnaiot quoted in the paragraph are from Idiut 2:5. The Mishnah lists three items about which R. Ismael said neither “permitted” nor “forbidden” and R. Matthew ben Ḥarash explained that each one has an aspect which is permitted and one which is forbidden., we have stated: “He who opens a boil on the Sabbath, if to make an opening he is liable, if to remove fluid he is not liable.71One who opens a boil on the Sabbath makes a wound, which is biblically forbidden. But if it is to remove the pus, the intent is not to make a wound, and following RR. Yose and Simeon there is no biblical prohibition (Chapter 2, Note 19). R. Joḥanan adds that in this case there is no rabbinic prohibition either.” Rebbi Joḥanan said, there is here no “not liable” but “permitted.” There, we have stated: “One who catches a snake on the Sabbath, if he is active that it should not bite him he is not liable, if for medicine he is liable.72If there is a danger to life it is imperative that the snake be either caught or killed. There is no guilt involved in catching the snake; the expression “not liable” only is used as opposite of “liable” applicable if the snake is caught for the production of medicines.” Rebbi Joḥanan said, there is here no “not liable” but “permitted.” There, we have stated: “About rural dishes73Greek λοπάς, -άδος, ἡ “dish, frying pan”.
The spelling עִירוֹנִיּוֹת is found only here; in the other quote of the Mishnah in the Yeruishalmi, Beṣah 4:3, and in the Mishnah mss. the spelling is as indicated here by the scribe himself in the margin אִרוֹנִיּוֹת; in Babli Beṣah 32a חרניות “Hauran type vessels”. It may not be derived from Mishnaic Hebrew עִיר “village” but Greek ἀρουραῖος, -α. -ον, “from the country, rustic” (E.G.).
that they are pure in a tent with a corpse but impure if carried by a sufferer from gonorrhea.74Here the terms “not liable” and “liable” are not applicable; in a certain sense “permitted” (pure) and “forbidden” (impure) which were referred to in the introductory statement of the Mishnah are applicable. According to Rashi, Beṣah 32a, rural dishes are totally flat earthenware; according to Maimonides such a dish is formed as hollow ovaloid and after firing is sawed apart to produce two dishes. As long as it is not sawed apart it cannot become impure by the impurity of the dead which is inactive on tightly closed vessels or those which enclose no volume (Num. 19:15). Nevertheless it may become impure by being moved by a person whose impurity is caused by his own body.” Rebbi Zeˋira said, this is correct. If for a need, that is what we have stated, “if for medicine he is liable.” This implies that there is here no “not liable” but “permitted.75This argument is extremely elliptic. The example of the snake shows that it is impossible to read “not liable” in the Mishnah in its usual sense, “forbidden but not prosecutable”, as noted before. Also, in the last sentence, about rural dishes, “liable” and “not liable” are inapplicable. Therefore, also in the first case about the boil, where we have no corroborating evidence that opening it to remove the fluid is not forbidden rabbinically, by analogy one has to agree with R. Joḥanan that the act is permitted.MISHNAH: One who throws four cubits to a wall higher than ten hand-breadths11And the object thrown sticks to the wall in exempt space, higher than ten hand-breadths. is like one who throws in the air, lower than ten hand-breadths is like one who throws on the ground12Since anything within ten hand-breadths of the ground in the public domain is in the public domain. and one who throws four cubits on the ground is liable. One who threw less than four cubits and it rolled further than four cubits is not liable13If it touched the ground at a distance of less than 4 cubits the throw is completed; if afterwards it rolls on the ground, even though it is because of the impetus given by the thrower, this is not part of the throwing action as far as the laws of the Sabbath are concerned.; one who threw more than four cubits and it rolled back within four cubits is liable14As Rashi points out, this statement is necessary only for the case that the object reached farther than 4 cubits but was blown back before it touched the ground. If it touched the ground farther than 4 cubits the statement is a direct consequence of the preceding one as seen from Note 13.. HALAKHAH: 3.76Here begins discussion of Mishnah 4. Our Mishnah applies if there is no hole there, but if there is a hole, there is the disagreement between Rebbi Meïr and the rabbis. In the opinion of Rebbi Meïr, whether it is four by four or it is not four by four one considers the wall as carved out77The Mishnah implies that one may throw an object against a wall and it stays there. This is possible in two cases. Either the wall has a cavity where the object may come to rest or the object is sticky and clings at least temporarily to a vertical wall. The first alternative is discussed first.
R. Meïr does not consider a hole which is a defect in the wall but one built into the wall as a window, where the wind may enter the house, which presents a narrow slit to the outside but is wide inside. If the width at the other end of the wall is 4 hand-breadths, he completes the trapezoidal shape of the base of the opening to a rectangle to which the rules of private domain do apply. The rabbis reject theoretical extensions of domains. Cf. Tosephta 10:9 (ed. Liebermann).
. In the rabbis’ opinion, if it is four by four one considers the wall as carved out, otherwise one does not consider the wall as carved out but as closed. 78From here on to the end of this paragraph the text is from Kilaim 6:2, Notes 32–34, כ. Rav Ḥisda said, if it extends79Taking מדד not as Biblical Hebrew “to measure”, but from Arabic مدد ،مدّ “to extend, to rise”. R. Ḥisda’s problem is that nothing can stop on a vertical wall. The same answer is given by R. Ḥisda’s student and son-in-law Rava in Babli Šabbat 5b, the material there being sheets of paper or parchment. Since the word is spelled identically both times, the likelihood of a scribal error is very small; the emendation of מודד to מורד proposed by the classical commentators and accepted by the editor of the ms. should be rejected. slanting80Greek λοξός, -ή, -όν, adj., “slanting, crosswise”.. But will it not finally descend? Rebbi Ḥiyya in the name of Rebbi Joḥanan, explain it that it was a soft fig cake and it stuck81The same answer is given by R. Joḥanan himself in Babli Šabbat 7b, 100 a.. Rebbi Ḥaggai asked before Rebbi Yose, does this not imply that the declivity of a terrace belongs to the level below82R. Ḥaggai refers to Mishnah Kilaim 6:2 where different crops on terraces one on top of the other are permitted only if the step between terraces is at least 10 hand-breadths. He assumes that the reason one insists on a separation of 10 hand-breadths is the same for the rules of the Sabbath and of kilaim. In that case, the Mishnah in Kilaim seems to extend the reach of any “bottom” upwards to 10 hand- breadths. He is answered that plants may grow on a slanted wall but anything sticking to the lower part of any wall bordering the public domain will be rubbed off; the fig cake cannot be considered to be at rest at such a place. The Babli (Sabbat 100a) disagrees with R. Yose and points out that even if a Tannaitic statement such as suggested by him did exist, it would not prove anything since R. Meïr [here and Yerushalmi Eruvin 10 (Note 122); Babli Šabbat 7b, 100a, Eruvin 11b, 33b, 101b, Yoma 11b] considers any depression a separate domain excluded from exempt space.? He said to him, there the vegetables profit from the terrace but here people rub it and it falls down. If it would say, if there is a hole [in the wall] and it profits from the hole just as vegetables profit from the terrace, you would be justified. Rebbi Yose, Rebbi Abbahu in the name of Rebbi Joḥanan: If the place was inclined, as we have stated, “one who threw more than four cubits and it rolled beyond83This obviously is a misquote. four cubits is liable.” There came Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan, only if it came to rest84There is no liability unless the object came to rest since it might either roll back into 4 cubits from its starting point or end up in karmelit. Babli 100a.. MISHNAH: One who throws four cubits in the ocean is not liable15Since the sea is karmelit (Chapter 1, Note 151).. If there was a shallow spot in the water and a public thoroughfare passed through it, one who throws four cubits into it is liable16A ford used by travellers on a public road is part of the road and public domain.. What is a shallow spot in the water? Less than ten hand-breadths. Shallow water17Not in the ocean. This statement seems to describe the original practice; the statement about a ford in the ocean is a consequence. and a public thoroughfare passed through it: one who throws four cubits in it is liable. HALAKHAH: 485Here starts discussion of Mishnah 5.. Not only four cubits in the sea, but even if he threw across the entire sea he is not liable, since any sea is called karmelit. And why was it stated twice86Where is the need for the wordiness of the Mishnah and the repetitous treatment of shallows? A different answer, referring to river fords, in the Babli 100b.? Rebbi Ḥananiah in the name of Rebbi Phineas, if there were two shallows, one which was used as a thoroughfare and one used by the public only in case of emergency. That you should not say, since the public are using it only in case of emergency it is not public domain but private domain87Clearly this should be “karmelit”., therefore it was necessary to say that it is public domain. MISHNAH: He who throws from the sea to dry land, or from dry land to the sea, of from the sea to a ship, or from a ship to the sea18Following the rules of karmelit., or from one ship to another19Even though each ship is a separate private domain, the domains are separated by karmelit, not public domain. Therefore even Rebbi Aqiba must agree that no Sabbath violation can occur in this case. is not liable. If ships are tied to one another one carries from one to the other; if they are not tied to one another, even though they be surrounded20By a fence or other ships., one does not carry from one to the other21This prohibition is rabbinic. If the ships are not tied together one has to worry that they might become separated by more than 4 cubits of karmelit sea. Even though carrying in or through karmelit cannot be sanctioned it still is rabbinically forbidden.. HALAKHAH: 588Here starts discussion of Mishnah 6, starting with the second sentence.. Abba bar Rav Ḥuna said, it they are tied together with bast89Even if the tie-up is of flimsy material. Babli 100b, statement of Rav Huna.. Rebbi Yose ben Rebbi Abun said, only if they made an eruv90A symbolic mixing of food from both ships, following the rules of eruv applying if different dwellers share an apartment building or a courtyard common to several single family houses, as explained in Tractate Eruvin. Ships tied together are considered the equivalent of apartments occupied by different people in the same house.. Rebbi Ḥiyya, Rebbi Immi, both in the name of Rebbi Eleazar. One said, if the distance between them is less than four91While the numerals here are in the feminine and represent cubits, they should be read in the masculine and represent hand-breadths.; but the other said, even if the distance between them is four91While the numerals here are in the feminine and represent cubits, they should be read in the masculine and represent hand-breadths.. We did not know who said what. Since Rebbi Yose, Rebbi Jacob bar Zavdi, Rebbi Ḥiyya said in the name of Rebbi Eleazar, even if they are not ten [hand-breadths] high, it is he who said, if the distance between them is less than four [hand-breadths]92Since no space less than four hand-breadths wide can define a separate domain, the two ships form one private domain. If the distance is at least four hand-breadths, they are separated by karmelit.. They wanted to say, he who said, if the distance between them is less than four [hand-breadths], even if they are not ten [hand-breadths] high. He who said, if they are ten [hand-breadths] high, even if the distance between them is four93If the decks of the ships are not ten hand-breadths above the surface of the water, one may move objects from one to the other only if they form a single domain as explained in the preceding Note. If the decks are higher than 10 hand-breadths, any traffic between the ships would be through exempt space since karmelit as derivative of the public domain also extends only up to 10 hand-breadths above the ground.. Rebbi Ḥananiah the son of Rebbi Hillel said, only if the airspace of karmelit be within ten [hand-breadths]94The remainder is exempt space.. 95Tosephta 10:14 (ed. Liebermann).“From a ship in the sea higher than ten hand-breadths one moves neither from it to the sea nor from the sea into it. Rebbi Jehudah says, if its draught was more than ten hand-breadths but it does not extend higher than ten hand-breadths above the water one moves from it to the sea but not from the sea into it.” Rebbi Abbahu said that Rebbi Joḥanan asked, why from it to the sea? Because it is not ten high. If it is so, even from the sea into it! Why from the sea into it is forbidden? Because it is ten deep. If it is so, even from it to the sea! Rebbi Abun said, why is it permitted from it to the sea? Because of danger96It is true that the rules are inconsistent but pumping water from the wooden ship back into the ocean is necessary to protect the lives of the people on the ship, and cannot be forbidden. Since the sea is karmelit, the prohibitions are rabbinical and therefore it is reasonable to permit all transport from ship to sea.. From a rock in the sea higher than ten hand-breadths97This becomes a separate domain and transports from it to its surroundings are at least rabbinically forbidden. It is presumed that there be no dwelling (such as a light house) on the rock since a dwelling would make the rock an unrestricted private domain. one transports neither from it to the sea nor from the sea onto it. If it was less than this it is permitted. What is the difference between a rock and a ship? A ship rises and falls98Therefore it may sometimes be higher and sometimes lower than ten hand-breadths.; a rock stays in its place. But is it not karmelit? Is it permitted to move on karmelit only four cubits? Rebbi Ila said, it refers to the beginning: “from a rock in the sea higher than ten hand-breadths one moves neither from it to the sea nor from the sea onto it.99In the opinion of S. Liebermann, one has to add here the statement that on a rock higher than ten hand-breadths above the sea one may carry without restriction only if its surface area does not extend over more than two bet se’ah.
A private domain either is for human dwelling when its size is not limited, or it is a corral for animals which is treated as private domain only up to the area for which two se ’ah of seed grain are needed, standardized as 5’000 square cubits (cf. Kilaim Chapter 1, Note 195), the size of the enclosed area of the Tabernacle.
” If it was higher it becomes like a fence made for agriculture where inside one is permitted to transport only four cubits100A field reserved for agricultural use cannot be a private domain. It is asserted here that a barren rock has the same status, but this contradicts all previous and following statements. The sentence should be deleted... If it was lower one transports from it to the sea and from the sea onto it, and one transports up to two bet se’ah101As noted before, this clause must refer to a rock higher than 10 hand-breadths without a human dwelling. Babli Eruvin 67b.. Rebbi Abun bar Ḥiyya asked, two adjacent karmeliot, may one transport from one to the other102Since the sea is karmelit and so is the rock which is less than ten hand-breadths high, does this prove that transporting between two distinct karmelit domains is not rabbinically restricted?? Rebbi Ḥananiah the son of Rebbi Hillel said, since the sea surrounds it from all sides it is considered as a single karmelit103The low rock is part of the sea for the rules of the Sabbath. It seems that this implies that transporting between two distinct karmelit domains is prohibited. While this is not found in the Babli, it is asserted by R. Ḥananel ad 100b, also quoted in Raviah §233 (p. 323, n. 24; cf. the sources quoted there).. Rav Hamnuna said, on a board outside the ship which is not four91While the numerals here are in the feminine and represent cubits, they should be read in the masculine and represent hand-breadths. wide one may sit and provide for his needs104Usually this means, to relieve himself. It is assumed that the deck of the ship is at least 10 hand-breadths high, which makes it a private domain. In the parallel of Babli 100b, the question is of drawing water from the river. on the Sabbath. Rebbi Mana said, if he had said an open box it would have been correct105To provide some privacy.. Rebbi Abun said, one who wants to provide for a boat makes outside of three [hand-breadths] a plank which is not four [hand-breadths] wide and one considers it as if partitions rose. 106In the medieval quotes of this passage (Naḥmanides and Rashba ad 100b) this is part of the preceding: “for R. Jacob bar Aḥa said in the name of Rav Hamnuna.” Rebbi Jacob bar Aḥa in the name of Rav Hamnuna: Because any three [hand-breadths] which are close to a partition are as if of the partition107This is a general principle accepted in both Talmudim. For example, a sukkah must have walls. It is completely acceptable that the walls be planks fixed to poles; between the planks and between the highest plank and the roof there may be spaces of up to three hand-breadths width.
R. Abun recommends making an outhouse outside the ship but close enough so that it be counted as part of the private domain defined by the deck.
. Rebbi Isaac ben Rebbi Eleazar commanded Rebbi Hoshaia ben Rebbi Shammai, who was a mariner, to make for himself a deficient container108The quote in Sefer Haˋittim p. 53 switches the adjectives פְּתוּתה, פְּחוּתָה between box and container. The reading of the ms. is confirmed by Naḥmanides and Rashba.. MISHNAH: One who throws and remembers before it leaves his hand, if another person caught it, or a dog caught it, or it was burned, he is not liable22The liability is for a purification sacrifice. Since such a sacrifice cannot be offered as a voluntary gift, all preconditions for it must be strictly satisfied. The first condition is that a prosecutable offense must have been committed; in this case that lifting, transporting, and depositing must be done by the same person (Chapter 1, Note 1). In the cases described in this sentence, the last condition is not satisfied. “It was burned” means burned in flight.. If one threw with the intention of causing an injury whether on a human or an animal and he remembered before it caused an injury, he is not liable23A purification sacrifice is possible only for inadvertent offenses. If during the course of the action the subject became aware of the criminality of his deed, there can be no purification sacrifice. This is the principle: All who are liable for a purification sacrifice are liable only if beginning and end were in error. If the beginning was unintentional but the end criminal or the beginning criminal and the end unintentional they are not liable unless beginning and end be unintentional. HALAKHAH: 6109Here starts discussion of Mishnah 9. So is the Mishnah: “he acted intentionally.110After he realized that it was the Sabbath and that his throwing was a Sabbath violation he did not regret having thrown the object.” This is difficult. If somebody shot an arrow intending to kill a person, he was warned, and changed his intention; is that anything111The sequence in the question is not quite correct. A person was warned not to shoot another (a requirement for future prosecution), nevertheless he shot but while the arrow was in the air he regretted the act. The fact that his victim was killed when he no longer wished to kill him does not shield the perpetrator from prosecution and conviction. In the case of the Mishnah, one cannot see what influence a temporary consciousness of the criminality of the deed should have on the legal status of the act.? Finally you have to say that it was intentional112Therefore one has to agree with the correction, that after the person realized that he was throwing on the Sabbath he was satisfied with what he had done, and an act which is started in oblivion but completed in consciousness cannot be atoned for by a sacrifice.. Rebbi Yose ben Ḥanina said, unintentionally a prohibition, intentionally a prohibition113In his opinion, only if both the unintentional and the intentional acts are forbidden as simple prohibitions is there no liability for a purification sacrifice, but if the unintentional act is under a simple prohibition and the intentional is a deadly sin punishable by extirpation a sacrifice is due. This opinion is not otherwise found in the Talmudim.. Rebbi Joshua ben Levi said, unintentionally extirpation, intentionally extirpation114This is the standard opinion, that a sacrifice is due only for sins for which the punishment is extirpation at least, and only if it was unintentional from beginning to end (ˋBabli 68b/69a, Yebamot 9a, Horaiot 8a, Ševuot 32b).. Rebbi Simeon ben Yoḥai stated, a support of Rebbi Joshua ben Levi: He blasphemes the Eternal and will be extirpated115Num. 15:31; the basic text which bars the intentional sinner from offering a purification sacrifice. The quote clearly is elliptic; in Sifry Num. 112 the restriction to sins punishable at least with extirpation is stated in the name of R. Aqiba.. Think of it; even if he was intentional in a matter of extirpation and he was warned and is being flogged, may he bring a sacrifice116If the sin was under a simple prohibition if unintentional but subjects the perpetrator to extirpartion if intentional, if the act was prosecutable, he was flogged, and therefore is no longer subject to extirpation (Mishnah Makkot 3:17), should he still be liable for a sacrifice for the simple prohibition involved? This we never heard; therefore the position of R. Yose ben Ḥanina is untenable.? Rebbi Abbahu in the name of Rebbi Joḥanan: If he was unintentional about fat but intentional about the purification sacrifice one warns him and he is flogged117This sentence must read: Rebbi Abbahu in the name of Rebbi Joḥanan: If he was intentional about fat but unintentional about the purification sacrifice one warns him and he is flogged (Terumot 6:1, Notes 5,6; Bava qamma 7:3, Note 29, Ševuot 3:1, Note 9).. It was stated: One experiments118One acts without a particular aim. neither with fat nor with incest or adultery. One who experiments on the Sabbath is not liable, with fat or with incest or adultery is liable. How is this? If he said, “am going to harvest the volume half of a dried fig” and then he harvested the volume of a dried fig, he is not liable. “I am going to eat half the volume of an olive” and ate the volume of an olive; he is liable. “I am going to arouse myself by her” and then touched her119His genitals touched the forbidden female’s genitals (Yebamot 4:2 Note 59, 6:1 Note 11).; he is liable. MISHNAH: How much would a builder build to become liable? One who builds anything. One who chisels stone, and one who hits with a hammer or a hatchet1This one does not produce anything, but simply marks the end of the production process; cf. Chapter 7, Note 7., or who drills anything is liable. This is the principle: Anybody who performs work on the Sabbath and whose work has permanence is liable. Rabban Simeon ben Gamliel says, also one who hits with the back of his hammer on the anvil during work is liable because he improves the work2A smith is used to hit also on an empty anvil to keep up the rhythm of his work. For the word קורנס cf. Avodah zarah Chapter 4, Note 58.. HALAKHAH: “How much would a builder build to become liable,” etc. 21This text is from Chapter 7, Notes 437–446. What building was at the Sanctuary? They were putting the planks on top of the bases. But was this not temporary? Rebbi Yose says, because they were camping and travelling by the Word, it was as though permanent. Rebbi Yose ben Rebbi Abun said, since the Holy One, praise to Him, has promised them that He would bring them into the Land, it is as if it were permanent. This implies, even from the side. This implies even if it was put on top of something else. Does it imply that building on implements is building? The bases are like soil. It was stated: “If one brings the stone and another one the mortar, he who brings the mortar is liable. Rebbi Yose says, both are liable.” Rebbi Yose is of the opinion that stone without mortar is building. Everybody agrees that if one put up mortar first and someone then brought stone he is liable. “The builder who set the stone on top of the row is liable.” For whom is this needed? For the rabbis. One who put up planks or one who put up adobe walls is liable because of building. He who hollows out cliffs, cavities, pillars22He chisels a pillar out of a rock., millstones, or splits mosaic stones23Greek ψῆφος, ἡ., splits blocks, is liable because of chiseling. One who puts together a Galilean bed24This translation is a conjecture of R. Rabbinovicz (Diqduqe Soferim Šabbat p. 46 Note 6). In the Babli, 46b, the ms. sources give ,גלילתא, גלניתא, גלגניתא, ed. Bomberg גללניתא. The word also could describe a bed on wheels. In any case it is a bed which can be assembled and disassembled without any tools. {Cf. Greek κᾶλον, τό, “wood” (E. G.).} is liable because of building. Rebbi Zeˋura said, he only is like one who takes a brick and puts it on bricks on the Sabbath25Since the notion of building is not applicable to implements.. Rav Hamnuna instructed the Head of the Captivity to disassemble a composite table on the Sabbath. He said, Rav Ḥuna bar Ḥiyya was with him. Rav Jehudah heard it and said, the one who instructed him did not study or serve. Rebbi Shammai said, the one who instructed him instructed following Rabban Simeon ben Gamliel, as it was stated: Planking of a ship, or of a crib, and the posts of a bed26Greek τὰ ἀνάκλιτα “what is leaning to”, two posts at head and end of the bed which hold a rod over which the mosquito net is spread., and the leg of a table27Which can be disassembled., and the handle on the top of a knife one shall not return28Since one makes usable what was not usable at the start of the Sabbath. but if one returned he is not liable. But if one pushed29If appropriately shaped pieces of wood (or in the case of the knife, metal and wood) are fitted together so that they become usable implements for permanent use without nails or glue, this is professional work and biblically forbidden. If the connection is not permanent, no biblical precept is violated. in he is liable. Rabban Simeon ben Gamliel said, if they were loose he removes and returns. It was stated30Tosephta Kelim Bava meṣiaˋ 8:4.: “Stuck together31Pieces of wood permanently stuck together form one piece. If any part becomes impure, the entire vessel is impure. If drops of water with ashes of the Red Cow are sprinkled on a part, it counts for the entire vessel. But if pieces of wood are nailed together, impurity spreads from one part to the other but sprinkling must be done for each part separately. they are a connection for impurity and sprinkling; nailed together they are a connection for impurity but not for sprinkling. Those which may be taken apart and put together again are connections neither for impurity nor for sprinkling.” And here, you are saying so? There normally they are fixed; if not fixed there is no connection. But here sticking together is the end of its manufacture32For the rules of the Sabbath the rules of impurity are irrelevant. If pieces of wood are stuck together it is a case of “hitting with a hammer” since the result is permanent.. It was stated33Tosephta 12:14 (ed. Liebermann; cf. Tosefta ki-Fshutah Moed pp. 194–195), Babli 47a; partially Deut. rabba 3.: “Rebbi Simai said, one who assembles a curved horn34A musical instrument (Geonic commentary to Kelim 11:7). These horns are composed of parts; curved horns can be made only by craftsmen but straight horns (shepherd’s flutes) are easily put together by anybody. While the Babli does not recognize any building with implements and defines the liabilities noted in the Tosephta as “hitting with a hammer” (Rashi in Babli 47a), the Yerushalmi considers manufacturing which requires tools and skilled labor as building. is liable, with a straight horn he is not liable. Rebbi Eleazar ben Rebbi Simeon said, for the arms of a candelabra35This also is both skilled work and intended to be permanent. he is liable; for a hunter’s (whitewasher’s)36“Hunters” ציידין is the scribe’s text (as well as two Tosephta mss.), “whitewashers” סיידין a gloss in the margin by the scribe’s own hand, the Vienna ms. of the Tosephta, and the Venice Babli (other Babli texts have סייארין, ציארין). All these texts probably read צ as ss. A person whitewashing a wall will lengthen his rod to avoid using a ladder; this does not need any tools and is temporary. rod he is not liable.” Why is he liable for the arms of a candelabra? Rebbi Abbahu in the name of Rebbi Joḥanan and Rav Ḥuna both say, because of building. Why is he not liable for a hunter’s rod? Because it is from top to bottom. They objected, does not one who digs in the dunes work from top to bottom, and you are saying that he is liable37If building is only making a structure against gravity then digging a cave in a dune or a mine shaft should be permitted on the Sabbath. It is asserted that these activities are a Sabbath violation.? Rebbi Samuel bar Yudan said, here temporarily, there permanent38The prior argument is dismissed. Building needs tools and permanence.. 39This text is from Beṣah 1:5 and refers to Mishnah Beṣah 1:5: “The House of Shammai say, one may not remove store shutters on a holiday but the House of Hillel permit even to return them.” The text is not the scribe’s, but was added by the first corrector from a different ms.
The subject is a grocery store protected by an iron shutter which may be turned around an axle and serve as store counter. In the absence of refrigeration it may be essential for people to be able to buy food on holidays; this is permitted as long as no money changes hands on the holiday, no written records are made, nor is there exact weighing and measuring . Babli Beṣah 11b.
Samuel said, anybody who tightly closes the shutters40Modern Hebrew (Babli spelling) תריס. Greek θυρεός, ὁ “shield, armor”. Here again ס and צ are interchangeable. is liable because of building. This is difficult. Something which if it was done on the Sabbath makes him liable for a purification sacrifice41Following Samuel. the House of Hillel permit to restore42On the holiday.? Rebbi Ḥinena in the name of Rebbi Joḥanan: They permitted the end because of the start. For if you say that he cannot put them back he will not open. Don’t let him open! Then he detracts from the enjoyment of the holiday. Rebbi Aḥa said, he may put them back on condition that he not restore completely43Then the work is not professional and comparable to writing with the back of one’s hand.. Rebbi Yose ben Rebbi Abun said, if there is no door there. But if there is a door he uses the door44If customers can have access to the store without the owner removing the shutters, the House of Hillel will agree that the emergency permit is not valid.. 46The paragraph is copied in Pesaḥim6:1, 33b l. 10. The origin is here. The Mishnah is Rebbi Simeon’s, as it was stated47Tosephta 11:3 (ed. Liebermann).: “One who scratches48One scratches off dirt from one’s shoes on a rainy Sabbath (Tosephta 16:19, ed. Liebermann) or slags from a work-piece in preparation of use or sale., who drills, who chops anything is liable; Rebbi Simeon says, one who scratches only if he scratches completely, one who drills only if he drills completely, one who chops only if he chopped completely, one who tans hides only if he tanned completely.” And Rebbi Jacob bar Ada said, this only follows Rebbi Simeon since Rebbi Simeon did not treat partial work as whole work, but the rabbis do treat partial work as whole work49The problem is the interpretation of the statement: “Anybody who performs work on the Sabbath and whose work has permanence is liable.” For R. Simeon the work has permanence only if it does not need to be reworked; for the rabbis it has permanence if it cannot be undone. One might read the entire paragraph as a question: is the Mishnah R. Simeon’s? R. Jacob bar Aḥa answers in the negative since even a small hole drilled cannot be undone and causes liability according to the rabbis.. And it is difficult about Rabban Simeon ben Gamliel. If one took [tools] to harvest but did not harvest, is that perhaps anything50Why should hitting with a hammer on an empty anvil cause liability when nothing was accomplished by the action?? Rebbi Ada said, Rabban Simeon ben Gamliel parallels Rebbi Jehudah, as it was stated51Babli 75b. There one reads מדקדק instead of מקטקט.: “One who hits or smooths52שׁוֹבֵט is using a tool to keep the threads of the woof parallel to one another or press the threads of the warp down; מִקַטְקֵט is using hands to straighten the warp and preparing it for the next layer. The dictionaries do not mention the Yerushalmi form which might be related to Arabic قطقط “to drizzle”. a piece of weaving is liable because he equalizes with his hand53He makes liability not dependent on the use of a tool, only that it be skilled labor. Therefore also hitting with a hammer to get the correct rhythm for work induces liability..” And here because he equalizes with his hand. MISHNAH: He who ploughs any amount, who weeds, who prunes, or who thins3Pruning is of last year’s growth, thinning is from new growth. anything is liable. One who collects wood, if to improve in any amount, or if as firewood to cook an easily cooked egg4One has to add, “is liable”. An easily cooked egg is a chicken egg.. One who collects grasses, if to improve in any amount, if for animals to fill a kid goat’s mouth4One has to add, “is liable”. An easily cooked egg is a chicken egg.. HALAKHAH: 2. 54Chapter 7, Notes 224–226. What kind of ploughing was in the Tabernacle? They ploughed to plant dyestuff. How much does one have to plough to become liable? Rebbi Mattaniah said, enough to plant a leek. Rebbi Aḥa bar Rav said, enough to plant a wheat sprout. There, we have stated: “Two green melon seeds make liable, two squash seeds.” It was stated, two Median wheat kernels. Rebbi Samuel in the name of Rebbi Zeˋira: Since wheat was so much appreciated they treated it like garden vegetables that are not eaten. Why do I need “to improve in any amount,” why do I need “to fill a kid goat’s mouth”55It teaches nothing that could not be inferred from Mishnah 7:4.? MISHNAH: One who writes two letters is liable, whether with his right hand, or with his left hand5Even though the person is right handed it is not too difficult for him to write with his left hand., whether of one denomination or of two denominations6The same letter twice or two different letters., whether two signs of any language7In any alphabet, not necessarily Hebrew.. Rebbi Yose said, two letters create liability only as signs since they were making signs on the planks to know which belongs to which8Any sign (Greek σημεῖον, τό) which can be used to identify an object he considers to be the equivalent of a letter.. Rebbi Jehudah said, we find a short name from a long name, Sem from Simeon, Noah fron Naḥor, Dan from Daniel, Gad from Gadiel9In his opinion, only combinations of letters which make sense are counted as writing.. HALAKHAH: 3. Who taught “signs”56Writing is forbidden even if no letters are formed. Babli 103a.? Rebbi Yose! What means “of any language”? Even אα57The two letters do not have to be from the same alphabet.. Should one not be concerned that maybe one will put them upside down or bottom up58Why is there a Sabbath violation only if two letters were written? R. Yose in the Mishnah reasons that the only writing in the construction of the Tabernacle was of signs which showed how the planks of the tabernacle had to be fitted together. This necessitates corresponding signs on adjacent planks, more than one at a time. Now it is asked whether not every single plank (which was a rectangular piece of wood 10 by 1/2 cubits) needed a sign which indicated what was top and what bottom? Then writing a single letter would be a Sabbath violation.? They were made similar to reed pens59Thick at the bottom, thin at the top. In the Babli (98a) this is a matter of controversy.. Should one not be concerned that maybe one will put them inside out or outside in? The rings60Through which the interlocking rods were put. They all had to be on the same side. did prove. Should one not be concerned that maybe one would exchange? Rebbi Aḥa said, it was written slanted61The corresponding signs on two adjacent planks were written at different heights and slanted so that they sat on one line only if the planks were correctly situated.. Why could they not be switched? Rebbi Immi said, You shall erect the Tabernacle according to its ruling62Ex. 26:30.. Does there exist a ruling for wood? But the log which merited to be put in the North should be put in the North, in the South should be put in the South. 63The following two paragraphs are from Horaiot 3:7, Notes 328–336. Those of Rebbi Hoshaia and those of Bar Pazi went and greeted the Patriarch every day. Those of Rebbi Hoshaia went in first and left first. Those of Bar Pazi went and became related by marriage to the patriarchate. They came and wanted to enter first. They went and asked Rebbi Immi who said to them: You shall erect the Tabernacle according to its ruling61The corresponding signs on two adjacent planks were written at different heights and slanted so that they sat on one line only if the planks were correctly situated.. Does there exist a ruling for wood? But the log which merited to be put in the North should be put in the North, in the South should be put in the South. Two families were in Sepphoris, one of city councillors and one rural, who were greeting the Patriarch every day. The councillors went in first and left first. The rural ones went and acquired [knowledge in] Torah. They came and wanted to have precedence. It was asked before Rebbi Simeon ben Laqish. Rebbi Simeon ben Laqish asked it from Rebbi Joḥanan. Rebbi Joḥanan went up and preached in Rebbi Benaiah’s house of study: “But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.” They wanted to say, to be redeemed, for clothing, and for livelihood, but not for the Academy. Rebbi Abbin said, even for the Academy. What is the reason? It is more precious than pearls63The following two paragraphs are from Horaiot 3:7, Notes 328–336., even than he who enters into the Most Holy [of the Sanctuary.] 65Here starts discussion of Mishnah 3. It was stated, “and Gad from Gadiel”66While this is in our Mishnah, the Halakhah presupposes a Mishnah which does not contain this clause. In the ms. it is an addition by the scribe on the margin. The clause also is missing in the Yerushalmi Mishnah edited by Lowe, in the Munich ms. of the Babli, and in the Merzbacher ms. of Alfasi. The clause is found in the Venice Babli, Maimonides’s autograph Mishnah, and as baraita in Sifra Ḥovah (Wayyiqra II) Pereq 1(4).. They objected to Rebbi Jehudah, are not these straight and those bent67The examples of the Mishnah are badly chosen since graphically שם is not part of שמואל or שמעון, nor דן of דניאל. No answer is given to the question. It may be that the question is considered correct, it also may be that final forms of letters are considered optional for use also in the middle of words. This is S. Liebermann’s not universally accepted explanation (Tarbiz 4 p. 292) of a passage in Megillah 1:11 (71d l. 46). In any case, a final mem in the middle of a word is in the inscription of King Uziah’s ossuary (published by A. L. Sukenik, Tarbiz 2 p. 290 ff.) The question is a major problem for the Babli, 104a.? It was stated in the name of Rebbi Jehudah: If he wrote two identical letters and they form a word he is liable, e. g.68Babli 103b; Sifra Ḥovah (Wayyiqra II) Pereq 1(5)., חָח ,רָר ,גַּג ,תֵּת ,שָׂשׂ. But the rabbis, two letters69The different letters. anywhere. You are finding to say that there is leniency and stringency for Rebbi Jehudah, leniency and stringency for the rabbis. A leniency70In this and the following sentence, “leniency” has to be replaced by “stringency”. for Rebbi Jehudah: If he wrote two identical letters and they form a word, in the opinion of Rebbi Jehudah he is liable, in the opinion of the rabbis he is not liable. Two letters anywhere even though they do not define a word, in the opinion of Rebbi Jehudah he is not liable, in the opinion of the rabbis he is liable. The opinion of Rebbi Jehudah seems inverted, as it was stated71Sifra Ḥovah (Wayyiqra II) Pereq 1(4).: “I could think only if he wrote the entire word, only if he wove the entire cloth, only if he made the entire sieve, the verse says, of one72Lev. 4:2, introduction to the purification sacrifice of the anointed High Priest, Sifra Ḥovah (Wayyiqra II) Pereq 1(6).. If of one, I could think even if he wrote one letter, even if he wove one thread, even if he made one loop on a fine or coarse sieve. The verse says, he did one73Lev. 4:22, introduction to the purification sacrifice of the prince. It is presumed that the rules which trigger liability for a purification sacrifice are identical for everybody; therefore expressions used for different personalities have to be harmonized.. How is this? Only if he made a work similar to one which is permanent.” And here he says, “one who hits or smooths52שׁוֹבֵט is using a tool to keep the threads of the woof parallel to one another or press the threads of the warp down; מִקַטְקֵט is using hands to straighten the warp and preparing it for the next layer. The dictionaries do not mention the Yerushalmi form which might be related to Arabic قطقط “to drizzle”. a weave is liable because he equalizes with his hand53He makes liability not dependent on the use of a tool, only that it be skilled labor. Therefore also hitting with a hammer to get the correct rhythm for work induces liability..” And here because he equalizes with his hand74The question is difficult to understand since (1) both the baraita from Sifra and the one quoted from the discussion of Mishnah 2 are anonymous and (2) they are consistent in that they declare liability for minimal work if the results have permanence.
R. Jehudah requires the written letters to form an intelligible word, to be a completed action. In Sifra, the baraita 1(4) is anonymous but the quote of R. Jehudah in 1(5) also serves to underline R. Jehudah’s consistency, for which he deserves praise.
. MISHNAH: One who writes two letters in one oblivion is liable. He is liable if he wrote in ink, by chemicals10According to Rashi yellow arsenic, according to Maimonides any coloring derived from roots., in vermilion, with gum11Greek κίμμι, τό., with vitriol of copper12Greek χάλκανθος, ὁ, ἡ., with anything which leaves a record, on two walls of a house or two leaves of a wooden book13Greek πίναξ, -ακος, ὁ. if they can be read together. One who writes on his body is liable. If he scratches14Without drawing blood, which would be a Sabbath violation of a different category. on his flesh, Rebbi Eliezer declares him liable but Rebbi Joshua declares him not liable. HALAKHAH: 4. If one wrote with ink on vegetable leaves, with drinks or fruit juice on a board, he is not liable unless he wrote with permanent material on permanent material75Cf. Tosephta 11:8 (ed. Liebermann).. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Eleazar: If he wrote one letter in Tiberias and one letter in Sepphoris he is liable76Babli 104b.. But did we not state, “if they cannot be read together, he is not liable”77If there is no liability if one writes two letters on walls in different rooms in the same house, there should be no liability if the letters were written in two different cities.? Rebbi Abba bar Mamal said, 78As it stands, “in deviation”, the word makes no sense. The Medieval quotes (Rashba and Ritba on Babli 104b, Maggid Mishneh, R. Vidal of Toulouse on Maimonides 11:12) all read בסיד “with lime”. S. Liebermann proposes to read בְסִדְרָה “in sequence”, making the statement of the Yerushalmi identical with Rashi’s explanation in the Babli, scil, that the two letters were written on the same sheet in two different cities.בסררה. 79This paragraph also is in Giṭṭin 2:3, explained there in Notes 57–61. If the witnesses do not know how to sign. Rebbi Simeon ben Laqish said, one sketches for them in ink and they sign with vermilion, or with vermilion and they sign in ink. Rebbi Joḥanan told him, because we are occupied with the rules of the Sabbath, should we permit a married woman? But he brings a blank sheet of paper and cuts it before them. Would it not be the first person’s handwriting? One has to widen the cuts. Rebbi Mana asked, why do we not say that one sketches for them with water? If he would come and protest, his protest would be (invalid)80With the text in Giṭṭin read: valid.. 81This sentence is changed from Giṭṭin to be adapted to the topic of Sabbath. Sketching on skin can be wiped off and is not permanent. The text in Tosephta 11:8 (ed. Liebermann) switches “liable” and “not liable”, probably incorrectly, cf. Giṭṭin Note 62.“If somebody tears into skin in the form of writing he is liable, if somebody sketches on skin in the form of writing it he is not liable.” “Rebbi Eliezer told them, did not Ben Saṭda only in this way bring magic formulas from Egypt82In the Babylonian tradition (Babli 104b, Tosephta 11:15) this does not refer to writing on untanned hide but to writing on one’s own skin (Mishnah 4). Since these two sentences are not in Giṭṭin, the Yerushalmi seems to have the same tradition. In some sources (listed in Tosefta ki-Fshutah Šabbat p. 180) the name is סטרא, which Lieberman suggests is σωτήρ “savior”, characterizing him as a false Messiah.? They said to him, because of one insane person should we condemn several sane ones83Since liability for erroneous acts means capital crime for intended actions. The definition of capital crime cannot be extended without a reliable tradition.?” 84A slightly truncated copy of a text in Giṭṭin 2:3, explained there in Notes 45–55. The text there makes it clear that the statement of R. Joḥanan and R. Simeon ben Laqish does not refer to the question asked about R. Ḥiyya bar Abba’s statement but refers to Mishnah 5 which states that writing on top of writing does not induce liability.He shall write85Deut. 24:1,3. There it is emphasized twice that divorce can be effectuated only by a written document. In R. Aqiba’s system, the additional vaw in each case counts for an additional mention, so that in all the requirement of writing is mentioned 4 times. Once it is needed for the fact that it is required; the other three mentionings may be read as restrictions., not engrave. And he shall write, not dropping points. He shall write, not pouring. He shall write, not engrave; some Tannaïm state, he even may engrave. Rab Ḥisda said, he who says not to engrave, if the writing stands out as on a denar. He who says even to engrave, as on a writing tablet. And he shall write, not dropping points; Rebbi Yudan ben Rebbi Shalom and Rebbi Mattaniah: One said, if he did not connect the points; the other said, even if he connected the points. And he shall write, not pouring. Rebbi Ḥiyya bar Abba said, those Orientals are very sophisticated. If one of them wants to write a secret letter to another, he writes with juice of gall-nuts. The recipient pours ink without gall over it, which is absorbed at the place of writing. If one did that on the Sabbath, what? Rebbi Joḥanan and Rebbi Simeon ben Laqish both said, only if he wrote ink on ink and vermilion on vermilion. But if he wrote ink on vermilion or vermilion on ink, he is liable. Rebbi Isaac bar Mesharshia in the name of the rabbis there: He is liable twice, for erasing and for writing. MISHNAH: If he wrote with fluid of drinks, with fruit juice15A drink close to colorless., with road dust, with scribe’s dust, or with anything which is not permanent, he is not liable. With the back of his hand, with his foot, with his mouth, with his elbow16The kinds of writing are too unusual; they cannot be classified as work.; if he wrote one letter adjacent to existing writing17Even though now a word can be read that did not exist before, the minimum for liability is two letters., wrote over existing writing, intended to write ח and wrote זז18Since he intended to write one letter only, there can be no liability since the criminal intent was missing (Chapter 1, Note 52)., one on the ground and one on a beam19One letter is static, the other may be removed with the beam. This case is parallel to the one where one writes one letter each on walls in different rooms, which cannot be read together at one time., on two walls of a house or two leaves of a wooden tablet if they cannot be read together, he is not liable. If he wrote one letter as abbreviation20Even though the letter is read as a word, it is only one letter. Writing shorthand in abbreviation was the principle of Tironian notes. Latin scribere per notas really means writing in cipher., Rebbi Joshua ben Bathyra declares liable but the Sages declare not liable. HALAKHAH: 5. 86Babli Giṭṭin 20a, Sopherim 5:3.“If he had to write the Name87The Tetragrammaton which may be written only in holy texts and only if the intention was that it should be holy. but intended to write Jehudah but forgot to write ד. Then the Name is at its proper place. He erases it and fixes it in holiness. Rebbi Jehudah says, he moves the pen over it and fixes it. They said to him, but this is not preferable.” Rebbi Jehudah’s argument seems inverted. There88Here in Šabbat Mishnah 5. While the statement is anonymous and therefore represents the majority opinion, since R. Jehudah is not on record to disagree one has to conclude that he agrees. A stronger argument can be made against the rabbis who in Šabbat declare writing on top of writing as nothing and in the matter of a scroll designate it only as undesirable, not invalid. he says, it is not writing. But here89In the case of a biblical scroll where he agrees that the Name can be made legitimate by writing over writing., he says, it is writing. They objected to him according to his opinion90Since Mishnah 5 is anonymous, it certainly represents the rabbis’ opinion. They should have objected that his procedure is invalid. They note that for them the procedure is invalid but even for R. Jehudah it should at least he undesirable; he should not prescribe it.. According to your opinion, since you say that it is writing, but this is not preferable. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu did not say so, but that Rebbi Jehudah’s argument seems inverted. There91For the scroll. he says, it is not preferable, therefore the writing is writing; but here he says, writing on top of writing is not writing92For the rules of the Sabbath.. What is writing on top of writing? One higher than the other93He never accepts writing on top of writing as valid under any circumstance. He proposes that the Name should be written a second time in the empty space between the lines, higher than the erroneous word.. What is Rebbi Joshua ben Bathyra’s reason94Who in the Mishnah under certain circumstances considers writing one letter as completed work for the rules of the Sabbath.? From one letter one may infer several letters. MISHNAH: One who wrote two letters in two periods of oblivion, one in the morning and one in the evening, Rabban Gamliel declares liable but the Sages declare not liable. HALAKHAH: 695Here starts discussion of the last Mishnah.. It is difficult for Rabban Gamliel. If one harvested the volume of a dried fig in the morning and the volume of a dried fig in the evening in one oblivion, would he not be liable96It is clear that there is only one liability created for each work category during one period of oblivion. It seems illogical that Rabban Gamliel should combine actions occurring in different periods of oblivion.? Since oblivions do not divide, so they should not combine! Rebbi Mana said it without attribution, Rebbi Abun in the name of Rebbi Joḥanan: The reason of Rabban Gamliel there is that there is no awareness for half a work97Since in the interval between the two periods of oblivion there was no liability, this interval is disregarded., and similarly, there is no intent for half a work. If one ate half the volume of an olive intentionally and half the volume of an olive in error, would this combine98If the question is not work on the Sabbath but eating forbidden food, would Rabban Gamliel combine intentional and unintentional acts? Since for the Sages they do not combine and practice does not follow Rabban Gamliel, no answer is given.? MISHNAH: Rebbi Eliezer says, he who weaves three threads to start or one on the weave is liable. But the Sages say, whether at the beginning or at the end its measure1The minimum which makes liable. is two threads. HALAKHAH: “Rebbi Eliezer says, he who weaves,” etc. 11The first part of this paragraph has a parallel (with R. Simon quoted before R. Ulla) in Kilaim 9:7, Notes 168–170. Rebbi Ulla said, the reason of Rebbi Eliezer is that by the third his work becomes permanent12For R. Eliezer work is only forbidden on the Sabbath if it practically is irreversible.. Does Rebbi Eliezer hold with Rebbi Jehudah? As we have stated there13Mishnah Kilaim 9:10.: “Rebbi Jehudah says, only if there are three pin-stitches14It is forbidden to put woolen and linen cloth together only if they are sewn together by at least three stitches (which do not have to be knotted at the ends).. A sack and a chest bring together for kilaim.15This last clause also is a statement of R. Jehudah in the Mishnah but is irrelevant for the discussion here.” Rebbi Simon said, the reason of Rebbi Eliezer is there16This statement is taken from Kilaim which is “here”; the statement of R. Eliezer in Šabbat is “there”. that by the third his work becomes permanent, but here17If two pieces of cloth are connected only by two open stitches, they will separate by themselves and cannot create kilaim. it undoes itself. You conclude that according to Rebbi Eliezer, sometimes three to start out with, sometimes two additional to one woven yesterday, sometimes two additional to one woven yesterday18It is clear from the plural used for “woven” that the last clause must read “sometimes one additional to two woven yesterday”. This is Rashba’s reading. R. Eliezer simply declares liability of a person who adds the third row on a loom, irrespective of the creation of the first two rows. Babli 105a.. The rabbis of Caesarea asked, what means “one on the weave”? One on top of two19In the quotes of this passages in Rashba and Ritba, in their commentaries on the Babli 105a, this clause is missing. On the other hand, since the sentence is formulated as a question, the text as given here can be sustained, meaning that the rabbis of Caesarea questioned whether For Rebbi Eliezer weaving a single thread constitutes a Sabbath violation if it is additional to two or three existing threads. The answer is given by the Academy of Tiberias., one on top of three. The rabbis here20Tiberias. are saying, one on top of two. If there was one large toga, at the start until he weave two threads of it, and at the end the most minute amount21The “most minute amount” cannot be arbitrarily small even though it is noted in the Tosephta that it may be less than the hand-breadths stated in the Mishnah.. 22Tosephta 12:1 (ed. Liebermann), Babli 105a.“One who weaves two threads on top of the back23In the Tosephta: הגס “the thick part”, the seam with which the cloth was started., on top of the seam24On the sides or the end., in the most minute amount21The “most minute amount” cannot be arbitrarily small even though it is noted in the Tosephta that it may be less than the hand-breadths stated in the Mishnah. is liable. To what may this be compared? To a small belt where he is liable if he wove two threads in the width of three spaces25A thread of the woof is counted fully if it covers three threads of the warp..” And with woolen26Arabic نفش “wool”. warp27Cf. Jud. 16:13. Woolen warp always requires full three threads of woof to induce liability. it is as at the start, and this cloth28Straight cloth needs only one additional thread to induce liability. even at the end it is weave, and this veil29Cf. Chapter 4, Note 45. even at the end it is weave. Everybody agrees that if he writes a word only at the moment when he finishes30Since a Sabbath violation occurs only if the perpetrator’s intent was executed. If he intended to write a longer word and did not finish it, his intent was not satisfied. But if he starts writing a longer text, the moment he finishes the first word which he intended to write he becomes liable.. “One who wrote one letter to complete a word or one letter to complete a scroll is liable31Tosephta 11:7 (ed. Liebermann). For R. Eliezer he is liable since he finished a word, for R. Joshua and his followers because he finished, i. e., because of “hitting with a hammer”..” One who wrote one letter on a weekday and one letter on the Sabbath, Rebbi Eliezer makes him liable for a purification sacrifice but Rebbi Joshua declares him not liable. Why32The question is asked about R. Joshua.? Either because of completion of the work or because it is not appropriate to be joined to it33The reason may be either that for him only writing two letters creates a Sabbath violation and therefore adding one letter is not “hitting with a hammer” or it is that it can be seen that the new letter was written at another time than the first, but if the difference were not visible he would declare liability because of “hitting with a hammer”?. Come and see, is he not free from liability if he wove one thread on a weekday and one thread on the Sabbath, is it not appropriate to be joined to it34Since cloth may be woven at different times without the interruption being visible, the reason must be that “hitting with a hammer” only applies to work done on the Sabbath itself.? But because of completion of the work, as Rebbi Jacob bar Aḥa said, Rebbi Yasa in the name of Rebbi Eleazar: If he wrote one letter in Tiberias and one letter in Sepphoris he is liable35Chapter 12, Note 76.. For if it were not so following Rebbi Eliezer. If he wrote one letter on this Sabbath and one letter on the next Sabbath, Rebbi Eliezer makes him liable for a purification sacrifice but Rebbi Joshua declares him not liable36This baraita also is quoted in the Babli, Keritut 17a. Again R. Eliezer declares liable since an entire word was produced.. Come and see, if he wrote one letter on a weekday and one letter on the Sabbath, Rebbi Eliezer makes him liable for a purification sacrifice; not so much more if one letter on this Sabbath and one on the next! Because of the Sages37For R. Eliezer really the baraita is not needed; it only is needed for the Sages following R. Joshua who might make a distinction whether or not both letters were written on the Sabbath. who declare not liable. MISHNAH: He who makes two mashes, [attaching them] to the cross-pieces2Where the warp is attached to the cross-beams. or to the thrums3Greak καῖρος, ὁ., of for a fine or coarse sieve, or for a basket, is liable. One who sews two stitches or who tears in order to sew two stitches4Is liable.. HALAKHAH: 238Discussion of Mishnah 2.. “The cross pieces,” the cross pieces39The same word in Aramaic.. “The thrums,” καίρωμα40“Arrangement of slips or thrums.”. 41Copied from Chapter 7 (Note 416). Rebbi Abba, Rav Jeremiah in the name of Rav: He who straightens out the sides on the Sabbath is liable because of sewing. He should have said, because of sewing and tying knots. MISHNAH: He who tears in his rage or about a deceased person44It is a rabbinic obligation to tear one’s clothes in mourning for a close relative. The question is whether such tearing, which in Mishnah 3 is declared not to induce liability for a purification sacrifice, satisfies the duty of tearing or whether another tearing will be needed after the end of the Sabbath., any who spoil are not liable. The measure1The minimum which makes liable. for one who spoils in order to repair is as for repairing. HALAKHAH: 3. They asked before Rebbi Abba: Just as you are saying there42Tosephta Pesaḥim 5:7, Menaḥot 5:3., “one who slaughtered his purification sacrifice on the Sabbath did atone but has to bring another one43For the unintentional Sabbath violation.,” so one should say also here44It is a rabbinic obligation to tear one’s clothes in mourning for a close relative. The question is whether such tearing, which in Mishnah 3 is declared not to induce liability for a purification sacrifice, satisfies the duty of tearing or whether another tearing will be needed after the end of the Sabbath., he did not accomplish his tearing. But it45Mishnah 3. The implication is that R. Jehudah would declare the person tearing his clothes a Sabbath violator since he declares liable for a Sabbath violation even if no particular intent was satisfied. must follow Rebbi Simeon, since Rebbi Simeon said, only if he needed the thing itself. He told them, there he caused it himself46By unintentional sinning he created the liability for a sacrifice., but here you caused it to him47Either this means that the relative caused it by dying or the rabbis caused it by decreeing the duty to tear one’s clothes.. Rebbi Yose said, and even there you caused it to him for had you not told him to come48Since a purification sacrifice cannot be brought voluntarily, the priests’ court has to confirm his liability. how could it be atoning? Is there need to say that it follows Rebbi Simeon49The Mishnah may as well be R. Jehudah’s who also will agree that damaging actions are not sanctionable on the Sabbath.? The colleagues asked before Rebbi Yose, did not Rebbi Joḥanan say in the name of Rebbi Simeon ben Joṣadaq, on Passover one cannot fulfill one’s obligation with a robbed mazzah? He told them, there in itself it is sinful, but here he committed a sin50The robbed or stolen mazzah is a forbidden object in his hand; neither the animal selected for the purification sacrifice nor the garment to be torn are intrinsically forbidden.. Would we say, if one brought a mazzah from a private to the public domain that he could not fulfill his obligation on Passover51Since the Sabbath violation has no connection with the Passover obligation, it is obvious that the answer is negative.? 52This is from Ḥallah 1:9 (ח), Notes 218–223. In the Babli (Sanhedrin 6b, Bava Qamma 94a) and in Yerushalmi Sanhedrin1:1 (Notes 70–72) this is a tannaitic statement. Here, the argument is that a religious obligation, like eating mazzah on Passover, cannot be fulfilled in a sinful way. The Babli insists that not even the regular benedictions before and after eating can be recited if the food is stolen or robbed. It was stated: It is forbidden to recite a benediction over a robbed mazzah. Rebbi Hoshaia said, because of he who recites the blessing over a piece of bread blasphemes53Ps. 10:3. Usually, the verse is read to mean: “Certainly, the wicked one praises his own desires; he who blesses unlawful gain slanders the Eternal! The Tosephta (Sanhedrin 1:2) explains the verse as referring to judges who do not follow the rules.. Rebbi Jonah said, that is, originally. But in the end, does he not incur a monetary obligation54The robber certainly cannot recite a benediction for robbed food, but after he ate it he acquired the food (or if he robbed flour he acquired it by baking) and is no longer required to return the robbed piece but has to pay. In that stage, the robber seems to be in the same position as a buyer who is slow in paying and one does not understand why he should not recite grace.? Rebbi Jonah said, no sin can be a good deed55A good deed done by immoral means is no good deed at all and no religious obligation can be satisfied in this way. He declares his first argument faulty.. Rebbi Yose said, no good deed can be a sin56He accepts R. Jonah’s original logic.. Rebbi Ila said, these are the commandments57Lev. 27:34.. If you did them the way they were commanded they are a good deeds; otherwise they are not good deeds58He sides with R. Jonah’s final position against R. Yose.. MISHNAH: The measure1The minimum which makes liable. of one who bleaches, or who beats flax, who dyes, or who spins, is double the width of a span5The distance between thumb and ring finger. The Kaliri in his composition on Yerushalmi talmudic measures (סלוק לפרשת שקלים) defines the siṭ as identical with the hand-breadth, the width of four thumbs, one sixth of a cubit or 1/48000 of a parasang.. The measure for him who weaves two threads is the length of a span6Weaving a ribbon of at least one hand-breadth in width is counted weaving cloth.. HALAKHAH: 4. There, we have stated59Mishnah 9:5. The question as usual is not about the sentence which was quoted, which is the beginning statement of the Mishnah, but about the later statement, “shells of walnuts, skins of pomegranates, isatis, and madder to dye a small tissue like a hair net.” This is contrasted with the statement here in Mishnah 4 that tissue to be dyed creates liability already with three threads one hand-breadth long. The answer is that dyestuff and cloth to be dyed are different items.: “One who brings out wood to cook an easily cooked egg,” and here you are saying so? There one who brings out in order to dye, but here about him who dyes. MISHNAH: Rebbi Jehudah says, one who catches a bird for a cage or a deer for a house is liable, but the Sages say, a bird for a cage and a deer for a garden, or a courtyard, or a vivarium7The Mishnaic word is a transcription of the Latin.
Animals trapped in a house are effectively caught. Animals held in a large enough vegetable garden or vivarium still have a chance to evade being grabbed.
. Rebbi Simeon ben Gamliel says, not all vivaria are equal. The principle: In every case where it still needs catching, he is not liable, if it does not need catching he is liable. HALAKHAH: 560This paragraph, referring to Mishnah 5, is a copy from Halakhah Beṣah 3:1. The references to the Mishnah Beṣah as “there” are almost correct.. Rebbi Ḥinena said, our Mishnah61The Mishnah in Beṣah. dos not follow Rebbi Jehudah, as we have stated: “62Mishnah 5 here, a statement of R. Jehudah. one who catches a bird for a cage or a deer for a house is liable;” therefore for a garden or a vivarium he is not liable7The Mishnaic word is a transcription of the Latin.
Animals trapped in a house are effectively caught. Animals held in a large enough vegetable garden or vivarium still have a chance to evade being grabbed.
. The argument of Rebbi Jehudah is inverted since we have stated there63Mishnah Beṣah 3:1, an anonymous statement.: “one does not catch fish from vivaria, one does not feed them,” therefore for a garden or a vivarium he is not liable? The argument of the rabbis is inverted, as we have stated: “but the Sages say, a bird for a cage and a deer for a garden, or a courtyard, or a vivarium,” and we have stated there63Mishnah Beṣah 3:1, an anonymous statement., “but one catches wild animals and fowl from vivaria and feeds them,” therefore not for a garden or a vivarium64How can the rabbis forbid catching a deer in a vegetable garden as a Sabbath violation but allow it on a holiday? This contradicts the statement (Mishnah Megillah 1:5) that the only difference between prohibited work on Sabbath and Holiday refers to the preparation of food. It is explained in Beṣah that preparation of meat starts with slaughter; anything preceding this is not exempt from the prohibition of work.? One for a covered courtyard, the other for a courtyard which is not covered65A courtyard covered by a roof is a house. The Babli 106b, Beṣah 24a restricts this answer to vivaria.. But did we not state “a garden”? Can you say a covered garden66Nothing would grow in a vegetable garden devoid of sunlight. The answer cannot be correct.? But here a large one, there a small one67A small garden is one where the deer can be taken without effort, a large one where one has to use tools to catch the deer; Babli 106b, Beṣah 24a. The question now arises how to define “small” and “large” for practical application.. Rebbi Ulla said, they asked before Rebbi Aḥa, how should one state? In any case where catching is still missing one is liable, but if catching is not missing one is not liable68This discussion refers to the last statement in Mishnah Beṣah 3:1. Should one say that for large vivaria, taking animals on a holiday is a biblical violation even though this seems to contradict the formulation of the first part Mishnah Beṣah 3:1.? He answered them, do we not deal with the case that he corrals them into it? But “in any case where catching is still missing it is forbidden, but if catching is not missing it is permitted”69This is the traditional formulation of the last statement in Mishnah Beṣah 3:1 in the name of Rabban Simeon ben Gamliel, in contrast to the formulation in Šabbat 13:5. The prohibition is rabbinic since animals in a corral are no longer wild. The next statement translates the criterion into a practical rule. The Babli Beṣah 24a has a different rule.. Rebbi Samuel, Rebbi Berekhiah’s brother, said: any which needs nets needs catching, what does not need nets does not need catching. “One may slaughter from containers, one may not slaughter from fishermen’s nets or from traps.70Tosephta Beṣah 3:1; Babli Beṣah 24b. This paragraph has no connection with the laws of the Sabbath. It was added to the ms. by the corrector, obviously from a ms. representing a different spelling tradition.” Rebbi Yose bar Abun in the name of Rebbi Immi: a net of warp71It does not have to be a real net with threads knotted crosswise; even a net of parallel threads or wires spanned between two rods is a tool whose use on a holiday is forbidden.. Samuel [said]72Added from Beṣah., one may catch with a barrel73Greek πίθος, ὁ. Scooping up fish from an aquarium using a wide-belly clay vessel is not catching.. Rav said, the sluice of a water canal is permitted. Rebbi Yudan said, those between the plates74While one may not take fish from an open water canal, if part of it is closed off by planks on either side it was transformed into an aquarium from which fish may be taken.. MISHNAH: If a deer enters a house, he who locked the house while it was there is liable. If two together locked, they are not liable. If one alone could not have locked it and two did it, they are liable; but Rebbi Simeon holds them not liable8For him no work done by more than one person ever creates liability.. HALAKHAH: 6. When she was doing it75Lev. 4:27. This paragraph is from Chapter 10, Note 49.. The individual who did it is liable; two or three who were doing it are not liable. Rav Ḥuna said, if one was healthy and one weak. If the sick person locked completely76This refers to Mishnah 6. A deer ran into a house, the healthy person closed the door but did not lock it. The sick person locked the door; he is liable even if he could not have closed the door by himself since the healthy person stopped before he incurred liability. but the healthy one incompletely, the sick one is liable but the healthy one is not liable. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: If a deer was running normally and he intended to lock the door for himself and he locked for himself and the deer, it is permitted77If the deer was not chased and the person did not intend to catch it, the catch was unintentional and cannot be sanctioned.. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: If he saw a child gurgling in a river78The child was drowning. It is an obligation for the onlooker to save him; anything he does in saving the baby is privileged. The Babli, Yoma 84b, approves of catching the fish but not of intending to catch them. and he intended to bring him up together with a school of fish, it is permitted. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: If he was digging in a pile79The pile is the rubble from a collapsed house. There might be people buried under it alive. This is the same situation as the one described in the preceding case. and was intending to bring him80A person buried under the collapsed house. up together with a hoard of gold coins, it is permitted. MISHNAH: If one sat in the door opening but did not fill it9In this case the deer could escape if it passed by the person sitting in the door opening. While this is unlikely, legally the deer is not caught. and a second person came and filled it, the second is liable. If the first one sat in the door and filled it when the second came and sat next to him, even though the first one got up and left, the first is liable and the second not liable. To what can this be compared? To one who locks his house in order to watch it and it turns out that a deer is kept inside10If the door was locked without the person knowing that a deer was inside there could be no liability since there could be no intention.. HALAKHAH: 7. Rebbi Shammai asked, may one feed them81In the interpretation of S. Liebermann, the three questions of R. Shammai refer to the three statements of R. Yose ben R. Abun in the name of Rav Ḥuna. This first question is about caring for a wild animal legally caught on the Sabbath.? It comes following what we have stated there82Mishnah Šabbat 24:3.: “one does not provide water to bees and to pigeons in a dovecot,” for one cannot provide for something which is not prepared83Anything which is not potential food on the Sabbath.. And here it is the same. Rebbi Shammai asked, may one put a vessel over it84This refers to the third statement. If in rescuing a person from a collapsed house one finds a hoard of coins, may one cover these on the Sabbath?? It comes following 85Chapter 4, Notes 40–41. The parallel formulation in Babli 42b is not applicable to the question raised here. what Rebbi Simeon ben Rebbi Yannai said: I did not hear from my father; my sister told me in his name. For an egg which was laid on the Sabbath one leans it against a vessel so it should not roll off. But one does not cover it with a vessel. But Samuel says, one even may cover it with a vessel. Rebbi Shammai asked, may one tie it86The deer which was found in the house when it was locked. with a rope? It comes following 87Chapter 5, Notes 41–42. Babli 154b. what Rebbi Simeon ben Eleazar said, it is permitted to use the sides of an animal on the Sabbath. There is no difference between sides of an animal and sides of a tree. In any case where one is permitted to use the sides of an animal one is permitted to tie it; in any case where one is prohibited to use the sides of an animal one is prohibited to tie it. MISHNAH: The eight kinds of vermin mentioned in the Torah1Lev. 11:29–30.: one who catches or injures them is liable. Other abominations2Worms, insects, and seafood. and vermin: one who injures them is not liable3An injury to any epidermis which cannot be tanned into leather is not considered a Sabbath violation.; if he catches them for some need he is liable, otherwise he is not liable. Wild animals and fowl in his possession: if he catches them he is not liable but if he injures them he is liable4Mammals and birds all have skin that can be tanned.. HALAKHAH: “The eight kinds of vermin,” etc. Rebbi Zeriqan in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. One said, this is everybody’s opinion; the other said, it is in dispute16The statement that injury to one of the eight kinds of vermin constitutes a Sabbath violation is in one tradition a unanimous opinion, in another the object of a dispute between R. Joḥanan ben Nuri and the anonymous majority. As explained later, the problem really is which tradition of the statement of R. Joḥanan ben Nuri is correct.. We do not know who said what. Rebbi Zeˋira said, let us explain the rabbis’ words from their own words, since we have stated there17Mishnah Ḥulin 9:2. The Mishnah implies that leather or fur is not subject to impurity of food or animals (but is subject to ṣoraat, Lev. 13:47–59). But the epidermis of animals whose hide cannot be turned into leather is treated as like the rest of the body and is subject to all impurities spelled out in Lev. 11. The Mishnah singles out not only humans and pigs but later reports a disagreement about one of the eight species of vermin, with agreement about three others that their hides are subject to impurity; it ends with the statement of R. Joḥanan ben Nuri that all eight species of vermin have hides in this sense. The relevance for the discussion here is that if the hide is separate from the flesh, causing an ecchymosis under the skin is a Sabbath violation as derivative of threshing.: “these are the ones whose skins are like their flesh, human skin and domesticated pigskin. Rebbi Yose says, also wild pigskin.” Rebbi Joḥanan said, they taught this only regarding prohibition and impurity. But with regard to flogging it is hide and one may not flog for it because of carcass meat18If somebody eats the hide of a forbidden animal without any flesh attached, he cannot be accused of eating forbidden food since what he ate was no food; the prohibition of hide is purely rabbinical. If one agrees with this point of view then the statement of R. Joḥanan ben Nuri also refers only to impurity and rabbinic prohibition and the majority will agree that for biblical prohibitions, including the Sabbath, the eight kinds of vermin have hides. This is R. Joḥanan’s position. Babli 107a in the name of Rav.. Rebbi Simeon ben Laqish said, Rebbi taught a complete Mishnah, whether for prohibition, or for flogging, or for impurity. A baraita supports one, and a baraita supports the other. A baraita supports Rebbi Joḥanan: “The eight kinds of vermin have hides. Rebbi Joḥanan ben Nuri said, therefore I am saying that the eight kinds of vermin have hides.19Cf. Tosephta Ḥulin 8:17.” A baraita supports Rebbi Simeon ben Laqish. He who injures vermin, for those who have hides he is liable, for those who have no hides he is not liable. Rebbi Joḥanan ben Nuri said, therefore I am saying that all kinds of vermin have hides20Babli 107b.. Rebbi Yose ben Rebbi Abun in the name of Rav: It is hide and one may not flog for it because of carcass meat. This follows what Rebbi Joḥanan said21Cf. Tosephta 12:5 (ed. Liebermann); Babli 106b., “he who caught crickets22In Brelot’s Arabic Dictionary (Beirut 1898), زيز is noted as Syrian dialect word for cricket., flies, ḥagazin23An unexplained hapax. Probably misspelled for חגבים “locusts” mentioned in the Tosephta., mosquitoes is liable, but Rebbi Jehudah declares not liable, for so did Rebbi Jehudah say, one is liable only for something which usually is hunted. One who catches locusts in dew is not liable, in dry time is liable. Eleazar ben Aḥbai says, even in heat one is not liable if it forms clusters24Explanation of Rashi. Also R. Ḥananel explains that according to Eleazar ben Aḥbai locusts may be taken on the Sabbath if they do not fly and can be caught effortlessly.. One who catches a lame, blind, sick, young deer is not liable25Tosephta 12:4 (ed. Liebermann)., for a sleeping one he is liable,” for it closes one and opens one26Cant. rabba 8(16) also mentions the belief that deer sleep with one eye open (and, therefore, a healthy deer cannot easily be caught even when sleeping.). 27The entire paragraph has a parallel in the Babli, 121b. Rebbi Yannai said, one is permitted to kill a wasp on the Sabbath28Because its sting is dangerous.. And it was stated thus: “Five are killed on the Sabbath: an Egyptian fly, and a wasp in Niniveh29This may either mean Assyria or Naveh in the Bashan plateau, cf. Berakhot 5:2, Note 81., and a scorpion in Adiabene, and a snake in the Land of Israel, and a rabid dog anywhere. It happened that a snake fell30Babli: “in the house of study”. on the Sabbath, when a Nabatean got up and killed it. Rebbi said, it met its match.31The Babli discusses whether this is praise or rebuke.” But are they not of the ones which are killed on the Sabbath? Explain it if they come to do damage. It was stated, Rebbi Jacob says, he who sees a snake or a scorpion within four cubits was destined to die by them32Ordinarily they would have bitten or stung them without him being aware of their presence., only that the mercy of the Omnipresent is abundant. Rabban Simeon said, when has this been said? If he did not kill them. But if he killed them they appeared to him so he could kill them. In any case they appeared to him only by merit33Since they are ubiquitous but rarely seen.. It is written, hear this all nations, listen all who dwell like moles34Ps. 49:1. Usually the word חֶלֶד “world” is derived from خلد “to be permanent”, not חלד “to burrow”.. Rebbi Aha said, Rebbi Abbahu and the rabbis. One said, why does he compare all creatures to a mole? Only because everything that exists on dry land exists in the sea, but there are many species in the sea which are not on land, and there is no mole in the sea. But the other said, why does he compare all creatures to a mole? Like this mole which drags and deposits and does not know for whom it deposits, so are the creatures, they always drag and collect and do not know for whom they collect; he piles up and does not know for whom he assembled it35Ps. 39:7.. “Wild animals and fowl in his possession: if he catches them he is not liable but if he injures them he is liable.” They said this only if it is under the control of a human36Since injuring fowl on the Sabbath is a violation, their skin is hide as explained in the first paragraph. Babli 108a.. Therefore if it is not under the control of a human he is liable. Rebbi Yose said, this means that one who on the Sabbath catches an escaped bull is liable. The rabbis of Caesarea in the name of Rav Avidan: One is permitted to write a mezuzah on bird’s skin36Since injuring fowl on the Sabbath is a violation, their skin is hide as explained in the first paragraph. Babli 108a.. MISHNAH: One makes no brine5Greek ἅλμη, ἡ. The name is reserved for professionally prepared brine. on the Sabbath but he may make salt water6Made at home without special tools or ingredients., dips his bread in it, and adds it to a dish. Rebbi Yose said, is that not brine, whether strong or mild? But the following is permitted salt water: if he starts by adding oil to water or salt. HALAKHAH: 2. “One makes no brine on the Sabbath.” What is the difference between brine and salt water? Brine needs a craftsman, salt water needs no craftsman. Rav Huna said, anything to which one adds salt and it dissolves is salt water, if it does not dissolve it is brine37Brine is only water saturated with salt.. Rebbi Abbahu said, anything where one puts in an egg and it sinks is saltwater, if it does not sink it is brine38He makes the definition dependent on the specific weight of the solution. Babli 108b.. One may make honeywine39οἰνόμελι, -ίτος, τό. on the Sabbath. Rebbi Yasa in the name of Rebbi Joḥanan: wine, honey, and pepper40This is repeated in Chapter 20.. Rebbi Yasa in the name of Rebbi Joḥanan: one is permitted to mix but forbidden to grind. Rebbi Yasa in the name of Rebbi Joḥanan: Anything for mixing is permitted, for grinding is forbidden. But do we not deal here with mixing41There seems to be no reason to forbid making brine of the Sabbath.? Rebbi Jehudah ben Titus, Rebbi Jehudah ben Pazi, Simeon bar Abba in the name of Rebbi Joḥanan: there is a difference here since it is completion of production42The prohibition has nothing to do with the rules of the preparation of food. Sine it was stated earlier that making brine is professional, completing the process is “hitting with a hammer.”. Rebbi Abbahu in the name of Rebbi Joḥanan: one is permitted to break but forbidden to assemble43One may break food apart but one may not put it together so that it becomes a new item. For example, one may not make a fig cake or string figs out of individual figs (Maimonides Šabbat 8:6).. Rebbi Abbahu in the name of Rebbi Joḥanan: ground garlic. If it needed grinding it is forbidden, but if to mix into fat it is permitted44Grinding garlic as garlic is forbidden, grating garlic into fat is permitted.. There, we have stated45Mishnah Idiut 2:6, Tosephta Idiut 1:9.: “About garlic, unripe grapes, and grain kernels which he squashed when it was still daylight, Rebbi Ismael used to say, he should finish after nightfall, Rebbi Aqiba said, he may not finish.” Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: they disagreed only about profane food. “The Cohanim for heave used to follow Rebbi Ismael46Tosephta Idiut 1:9..” MISHNAH: One may not eat Greek hyssop7Lavender (Maimonides). on the Sabbath because it is not food of healthy people, but one may eat true maiden hair8Adiantum Capillus Veneris L., definition of the Halakhah. and drink shepherd’s flute9The pulp in the reeds from which shepherd’s flutes are made dissolved in water.. Any food may a person eat as medicine and any drink may he drink except piercing water10Mineral water which hurts. and a cup of roots11This seems to be any root extract. At other places, “cup of roots” refers to a concoction which was used by women to induce sterility. because these are for hepatitis. But one may drink piercing water for his thirst and rub oil of roots12Medicated oil rub. not for healing. HALAKHAH: 3. A man asked Rebbi Simeon bar Karsana: May one drink claret47The identification of קְרִירְטוֹן as late Latin claretum is Musaphia’s. on the Sabbath? He said to him, if for enjoyment it is permitted, if as medicine it is forbidden. But is that not inside the lips48As stated in Avodah zarah Chapter 2 (Note 109), “everything inside of the lips constitutes a danger to life.” One might think that this constitutes a general permission to practice internal medicine on the Sabbath.? Explain it, if there is danger49Only internal injuries are automatically declared as life-threatening. All other internal problems need medical evaluation.. “But one may eat true maiden hair” πολύτριχον50Adiantum Capillus Veneris L.. “And drink shepherd’s flute9The pulp in the reeds from which shepherd’s flutes are made dissolved in water.,” as the simple meaning of the word. Rebbi Abba asked Rebbi Jeremiah, how should we state, deqārin, deqālin? He said, deqārin, because it pierces the gall bladder. Rebbi Jonah said, it is more reasonable deqālin, because it gushes forth between two palm trees51Quoted in Berakhot 6:8 (Note 231).. 52The source of the text is Maˋaser Šeni2:1, Notes 38–44 (ד); it is referred to in Šabbat 6, Notes 189–191. Simeon bar Abba in the name of Rebbi Ḥanina: One who whispers53A medical procedure where rubbing with oil is accompanied by whispered recitation of charms for illnesses of the eye, intestines, and snake and scorpion bites. The Babli (Sanhedrin 101a) approves whispered charms only for snake and scorpion bites; for eye and intestinal problems they approve only anointing and wrappings. puts oil on his head and whispers, on condition that he use neither hand nor vessel54These rules are only given for the Sabbath when medical procedures are forbidden if there is no danger to the life of the patient.. Rebbi Jacob bar Idi, Rebbi Joḥanan in the name of Rebbi Yannai, he may use both hand or vessel55“Hand” means to pour an amount of oil into one’s palm and taking it from there by a finger of the other hand. “Vessel” is not the large container of the oil but a small cup containing just enough oil for the procedure. Its use is permitted on the Sabbath for people who would be repelled by the idea of dipping a finger into the jar of cooking oil.. What is the difference between them? Disgust. For him who says, he may use either hand or vessel, it is disgusting. For him who says, he puts oil on his head, it is not disgusting. Rebbi Jonah said, Second Tithe is the difference between them. For him who says, he may use either hand or vessel, Second Tithe is forbidden56It is forbidden to use Second Tithe oil for medical purposes; it is permitted to use it for anointing. It is suggested that just smearing oil on one’s head with a finger is a form of anointing; this is rejected immediately.. For him who says, he puts oil on his head and whispers, Second Tithe is permitted. Rebbi Yose said, is everything permitted on the Sabbath permitted with Second Tithe and everything forbidden on the Sabbath forbidden with Second Tithe? But was it not stated57Tosephta 12:13 (ed. Liebermann).: “A woman may douse herself and her son with wine because of sweat;” “58Tosephta Terumot 9:15. this is forbidden for heave.” There is no difference between heave and Second Tithe. What about it? On condition that he not proceed on the Sabbath the way he proceeds on a weekday59What is the real reason for the rule of whispering? Anybody who does it with a vessel on weekdays has to do it without one on the Sabbath and vice-versa.. One recites spells for the eye, and for intestines, and for snakes60Snake bites. Cf. Babli Sanhedrin 101a., and for scorpions61Scorpion stings., and one puts things on the eye on the Sabbath. It happened that Rebbi Aqiba had an eye attack and they put vessels over his eye on the Sabbath. Rav and the Elder Rebbi Ḥiyya both say, ninety-nine die because of the eye and one by the hand of Heaven. Rebbi Ḥanina and Samuel both say, ninety-nine die because of cold and one by the hand of Heaven. Rav follows his opinion and Rebbi Ḥanina follows his opinion. Since Rav was living there62In Babylonia., where the evil eye63Based on this statement, some Medieval authors explain that the treatment authorized in the preceding paragraph does not refer to ophthalmology but to action against magic spells. is prevalent, he did say that ninety-nine die because of the eye and one by the hand of Heaven. Since Rebbi Ḥanina was living in Sepphoris, where it is cold, he did say that ninety-nine die because of cold and one by the hand of Heaven. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: Ninety-nine die because of hot wind64The desert wind which is accompanied by extremely low relative humidity. and one by the hand of Heaven. But the rabbis say, ninety-nine die because of criminal negligence65Medical malpractice. and one by the hand of Heaven. Rebbi Onias, Jacob from Afartaim66This probably is biblical חֲפָרַ֥יִם (Jos. 19:19). in the name of Rebbi: The Eternal will remove from you all sickness67Deut. 28:48., that is fever. Rebbi Ḥuna who stated it in the name of Rebbi Eliezer ben Jacob, the Eternal will remove from you all sickness, that is worry, as Rebbi Eleazar said, he will put an iron yoke on your neck68Deut. 7:15., this is worry. Rebbi Abun said, the Eternal will remove from you all sickness, that is the evil impulse whose start is sweet but whose end is bitter. Rebbi Tanḥuma in the name of Rebbi Eleazar69Babli Bava mesiaˋ 107b., Rebbi Menaḥema in the name of Rav: The Eternal will remove from you all sickness, that is the gall bladder70Babli Bava qamma 92b., as Rebbi Eleazar said, ninety-nine die because of gall and one by the hand of Heaven. 71Babli 109a. One may bathe in the ocean and in the waters of Tiberias even though one intends to do this for medical purposes, but not in water used for soaking flax or in the Dead Sea72Since everybody bathes both in the ocean or in the Sea of Galilee or the hot springs of Tiberias also on weekdays, nobody will notice that one bathes for medical reasons. But in a natural pond used to treat flax or in the Dead Sea one bathes only for medical reasons; this is rabbinically forbidden.. When? If he intended this for medical purposes; therefore to lift himself from impurity to purity it is permitted73Using the pond or the Dead Sea as a miqweh cannot be forbidden since it is biblically justified.. Rebbi Samuel, Rebbi Berekhiah’s brother said, on condition that he not tarry74Since immersion in a miqweh is done very quickly, staying in the water for more than a minimal time would be proof that the bathing was for medical purposes.. It was stated75Tosephta 12:12 (ed. Liebermann); Berakhot 1:2 Note 126.: One rubs olentia76Latin “sweet smelling things” (E. G.) Cf. the text in Berakhot for a discussion of this translation. on a sick person on the Sabbath; but only if it was mixed with oil and wine before Sabbath eve. But if he did not mix it before Sabbath eve it is forbidden. It was stated: Rebbi Simeon ben Eleazar said: Rebbi Meїr did allow to mix wine and oil and to rub it onto a sick person on Sabbath. When he fell sick, we wanted to prepare the same for him but he did not let us do it. We said to him: Our teacher, are you going to invalidate your words when your life is in danger? 77This sentence is found in the Tosephta, a completely different one is given in Berakhot. He said to them: even though I did say so, I never intended to transgress the words of my colleagues. MISHNAH: One whose teeth are aching may not sip13The vinegar would be swallowed only after it was kept in the mouth around the aching tooth for some time. vinegar, but he may dip14Dipping his bread in vinegar (Ru. 2:14) and eating with the aching tooth. as usual and if he is healed, he is healed. One whose hips are aching may not rub in oil and vinegar, but he may rub in oil, except for rose oil. Princes may rub rose oil on their injuries because they usually do this also on a weekday. Rebbi Simeon says, all of Israel are princes15What is permitted to some is permitted to all.. HALAKHAH: 4. It is written78Prov. 10:26. The verse ends, so is a lazy employee for his employer. This implies that vinegar is bad for the teeth; how may the Mishnah recommend it to treat toothache?, like vinegar for the teeth or like smoke for the eyes, and you are saying so? Rebbi Simeon bar Abba said, the Mishnah is about fruit vinegar79And the verse in Prov. about wine vinegar. In the Babli 111a the explanation is attributed to R. Abbahu.. Rebbi Eleazar bar Yose80Since R. Simeon bar Abba was a third generation Amora, R. Eleazar bar Yose cannot be the Tanna R. Eleazar ben R. Yose; he must be a fourth or fifth generation Amora not otherwise mentioned in the Talmudim. said, even if you are saying as our Mishnah, it is good for a bad situation and bad for a good one. It was stated81Babli 111a, Beṣah 18b.: One should not sip vinegar and spit it out, but he may sip vinegar and swallow. The Mishnah says that it is forbidden to sip and to swallow, as we have stated, “One whose teeth are aching may not sip13The vinegar would be swallowed only after it was kept in the mouth around the aching tooth for some time. vinegar.” What about it? Either following Rebbi or following everyone who sips vinegar of heave after dipping82On the face of it one would be tempted to delete “of heave” but the reference is needed to explain the disagreement between Rebbi and the rabbis which is referred to in the next paragraph. It is clear that on the Sabbath one may not sip vinegar and then spit it out since this clearly indicates that the vinegar was not intended as food but as medicine. On the other hand, vinegar used to dip one’s bread (Note 14) is food. The question is whether using bread to absorb an excessive amount of vinegar and then sucking the vinegar out of the bread to treat the toothache is permitted or forbidden. This now is connected with a problem about heave, which must be eaten by a Cohen in purity. Consumption of heave by an unauthorized person not only is sinful but subjects the offender to a fine of 25% of the value of the food used illegitimately. If such a person uses heave vinegar to dip his bread he clearly uses food and is subject to the fine. If he uses the vinegar as medicine he sinned twice (he used heave illegitimately and he did not use it as food) but he is not subject to the fine. Sucking the vinegar out of the bread and using it for a toothache presents a problem similar to that of use on the Sabbath. Rebbi holds that it is food.. 84The main source of this paragraph is Terumot 6:1, Notes 16–19, which is a parallel but not identical text. The present text is copied in Yoma 8:3 (45a l.58,ו). Babli Yoma 80b/81a. Rebbi Abbahu in the name of Rebbi Joḥanan: He who chews wheat grain of kilaim in a vineyard85Any non-vine produce in a vineyard is prohibited for usufruct. is whipped86If there are witnesses to the act, since he broke a biblical commandment. This corresponds to the term “is liable” used for Sabbath violations.; he who chews wheat grain87He spits out the grain after chewing; otherwise he would eat it and there would be no problem. of heave is whipped. Rebbi Abbahu in the name of Rebbi Joḥanan, he who sips vinegar of heave is whipped; he who sips vinegar of heave pays the principal but he does not pay the fifth88The fifth computed from the top which is a quarter from the bottom.; he who chews wheat grain of heave pays the principal but he does not pay the fifth. Rebbi says, I am saying that he pays principal and fifth. Rebbi Jeremiah in the name of Rebbi Immi: The rabbis agree with Rebbi about one who sips heave vinegar from his dipping that he pays principal and fifth since vinegar refreshes89Even though vinegar in itself is neither food nor drink, when it was absorbed by bread it becomes food and stays food. For heave it remains subject to the fine, on the day of Atonement it remains forbidden drink, but on the Sabbath it may be used for a toothache.. 90From here to almost the end of the Halakhah the text is from Avodah zarah 2:2, Notes 83–137. The colleagues in the name of Rebbi Abba bar Zavda: Anything inside of the lips one heals on the Sabbath91In the Babli Avodah zarah 28a, this is the position of Rebbi Immi. Since medical practice usually involves activities biblically forbidden on the Sabbath, such as compounding medicines and ointments or surgical interventions, also healing activities which do not involve these prohibitions are rabbinically forbidden on the Sabbath. However, if a condition is life-threatening, Sabbath prohibitions do not apply. A declaration that “one heals such-and-such a condition on the Sabbath” is the equivalent of declaring the condition as life-threatening.. Rebbi Ze‘ira objected, did we not state: “One whose teeth are aching may not sip13The vinegar would be swallowed only after it was kept in the mouth around the aching tooth for some time. vinegar,”? Is this not inside from the lips? [Rebbi Ze‘ira]92Added from the text in Avodah zarah. did not say so, but Rebbi Ze‘ira in the name of Rebbi Abba bar Zavda: Anything inside a body cavity one heals on the Sabbath93Babli 27b/28a, in the name of R. Joḥanan.. Rebbi Ze‘ira, Rebbi Abba bar Zuṭra, Rebbi Ḥanina in the name of Rebbi: One treats the bone of the skull on the Sabbath94Any injury to the skull.. Rebbi Ḥiyya the Mede, Rebbi Jona, Rebbi Ze‘ira, Rebbi Abba bar Zuṭra, Rebbi Ḥanina in the name of Rebbi: One treats glands of the throat95Babli Avodah zarah 28b. The translation used here of “daughters of the ear” is an interpretation of Rashi’s explanation in the Babli: “Sinews of the ear which sometimes are lowered and keep the jaws open; then it is necessary to lift them and this is dangerous.” on the Sabbath. Rebbi Abbahu in the name of Rebbi Joḥanan: One treats an infected eye96“An eye which rebelled”: it feels as if the eye would leave its place. Babli Avodahzarah 28b. on the Sabbath. There, they say in the name of Rebbi Joḥanan: Tops of hands and feet are a danger97Any wounds at these places are considered life-threatening. Babli Avodah zarah 28a.. Rebbi Abbahu in the name of Rebbi Joḥanan: Red color is dangerous98Dark red color of a wound is an indication of a life-threatening infection.. Rebbi Abin said, one removes the sting of a scorpion on the Sabbath. Rav said, wine for exterior treatment of the eye is permitted, inside the eye it is forbidden. Samuel said, tasteless spittle is forbidden for the eye on the Sabbath99Babli 108b, with the names of Rav and Samuel switched. Since people sometimes put wine on their eyelids for non-medical reasons, it is permitted to do the same for minor aches for which medical intervention would be forbidden on the Sabbath. From this you infer for lichen100A skin disease, purely external.. The rabbis of Caesarea said, ranula101“Frog” (Aramaic), Latin ranula, an infection of the mouth. is dangerous. Rebbi Ḥizqiah from Acco in the name of the rabbis of Caesarea: spider sickness102This may either describe the bite of a spider or more likely a cancerous growth looking like a spider. is dangerous. Rebbi Samuel bar Rav Isaac: gangrene is dangerous. Rebbi Jeremiah said, one can put sour dough on it on Passover103Using leavened matter on Passover is a deadly sin but for medical purposes in life-threatening situations it may be used without hesitation.. A boil is permitted.104A boil filled with pus may be opened on the Sabbath. Rebbi Yose said, the Mishnah says this105Mishnah 17:2. As explained in Chapter 17 one may move a vessel on the Sabbath only if it is of any use on this day. A sewing needle cannot be used for its usual function on the Sabbath but may be used to remove a thorn in one’s foot or to open a boil.: “A small needle to remove a thorn.” Otherwise, what is the difference between a thorn and a boil? Darkening of the eye106This may describe a cataract or glaucoma., they asked Rebbi Jeremiah. He told them, is not Rebbi Abba available for you? They asked Rebbi Abba who permitted. He107R. Jeremiah. told them, also I am permitting it. 108Babli Avodah zara 28a. Rebbi Abbahu in the name of Rebbi Joḥanan. Scurvy109This is the meaning of צַפְדִּינָה in modern Hebrew. Rashi in the Babli Avodah zara explains the word as French muguet, English thrush, a sickness producing a musk-like smell of the mouth. is dangerous. Rebbi Joḥanan had it; he was treated by the daughter of Domitianus of Tiberias. Friday evening he went up to her and asked her, will I need anything tomorrow? She said no, but if you need anything take date pits split and heated, some say of Nicolaus dates, skin110Bran. of barley grain, and dry excrement of a baby, grind it and apply it; do not tell this to anybody. The next day he went up and preached it in public. She heard it and strangled herself; but some say that she converted111Either she committed suicide because she lost her trade secret or she converted because she admired R. Joḥanan who made the recipe public and did not try to make money through his knowledge.. You understand from this three things. You understand that scurvy is dangerous. You understand that anything inside of the lips one heals91In the Babli Avodah zarah 28a, this is the position of Rebbi Immi. Since medical practice usually involves activities biblically forbidden on the Sabbath, such as compounding medicines and ointments or surgical interventions, also healing activities which do not involve these prohibitions are rabbinically forbidden on the Sabbath. However, if a condition is life-threatening, Sabbath prohibitions do not apply. A declaration that “one heals such-and-such a condition on the Sabbath” is the equivalent of declaring the condition as life-threatening.. You understand what Rebbi Jacob bar Aḥa said in the name of Rebbi Joḥanan: If he was a professional healer it is permitted112This refers to the statement in Avodah zarah that one may not use a Gentile healer. This is qualified now that a publicly approbated trained physician may be used.. Rebbi Joshua ben Levy was suffering from colic113Greek κόλον, τό, “large intestine; disease of the colon.”; Rebbi Ḥanina and Rebbi Jonathan instructed him to grind taḥlusin114This probably is a plural of תּוּכְלָא “hard unripe date” which can be ground rather than תִּחְלֵי “cress, nasturtium” which could be cut but not ground., put it in old wine and drink it to avoid becoming endangered115Since this is not a usual drink; its use on the Sabbath is rabbinically prohibited but to avoid future danger this prohibition can be waived. R. Joshua ben Levy was himself at least as qualified as the other two authorities to decide but he did not want to apply a leniency to himself on his own word.. His116R. Joshua ben Levi’s grandson. grandson suffered from choking; there came one, whispered something in the name of Jesus ben Pantera117This name (or Panḍera) is unexplained. [Perhaps a distortion of Greek πανταρκής, Latin Pantarces, “all-helping”, a surname of Jupiter (E. G.)]. and he could breathe. When he left, he asked him118R. Joshua ben Levi asked the Christian missionary., what did you say over him? He answered, such and such words. He said, it would have been better for him had he died and not heard these words. It happened to him119The grandson died. (Eccl. 10:5)., like an erroneous order from a ruler. Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: One heals with anything except pagan worship, uncovering nakednesses, and spilling blood120In the Babli, Pesaḥim 25a, the tradition is by R. Abin (Abun) in the name of R. Joḥanan. The three sins are those which one is not permitted to commit even in order to save one’s life. Since Christian faith healing is rejected before pagan healing is discussed it is clear that it is not rejected as pagan but as falsely claiming to be Jewish.. Rebbi Phineas asked: So far if he said, bring me leaves from pagan worship, and he brought him. If he said to him bring me leaves unspecified and he brought him from pagan worship? Let us hear from the following: Rebbi Jonah had a fever attack. They brought him from the penis of Dori121A pagan statue with a spout in form of a penis, like Brussel’s Manneken Piss. and he drank. They brought to Rebbi Aḥa and he did not drink. Rebbi Mana said, if my father Rebbi Jonah had known from where it was, he would not have drunk122Therefore healing by idolatrous materials is forbidden even if not specifically asked for.. Rebbi Huna said, a baraita implies that one does not heal through uncovering nakedness123The technical term for criminal acts of a sexual nature, including but not restricted to incest and adultery., as it was stated: The Sabbath was permitted in exceptional cases; the betrothed maiden was never permitted in exceptional cases124The laws of the Sabbath are suspended in the Temple where the prescribed sacrifices are slaughtered and burned, actions which outside would be capital crimes. But a preliminarily married woman is absolutely forbidden for any man without exception.. Was not the Sabbath permitted in exceptional cases for healing? The betrothed maiden was never permitted, not even for healing. Not only if one said to another, bring me a married woman, but even to hear her voice, as the following125Babli Sanhedrin 75a. R. Eleazar here is the Tanna, ben Shamua.: In the days of Rebbi Eleazar a man loved a woman and fell dangerously ill. They came and asked him, should she parade before him that he may live? He said, he should die but not this. May he hear her voice and live? He said, he should die but not this. How was it? Rebbi Jacob bar Idi and Rebbi Isaac bar Naḥman, one said, she was a married woman, but one said, she was single. One who said that she was a married woman we understand. But the one who said that she was single? Did not Bar Koḥa the carpenter126It is possible that Ben Koḥa is not a proper name but means “strongman”. love a woman in the days of Rebbi Eleazar and he permitted him127R. Eleazar permitted the man to date the woman and to contract a marriage which was neither pre-arranged nor brokered.? One case about a married woman and the other about a single one. Even you may say, here and here about a single one; explain it that he became infatuated with her when she still was married. Some want to say, she was a woman of substance and did not want to marry.128In the Babli they hold that the man was not interested in marriage at all, only in sex. Everything which he did was forbidden; therefore he did permit nothing to him. Rebbi Ḥanina said, a baraita implies that one does not heal through spilling blood, as we have stated there129Even though the baby might be stillborn (this includes the possibility that he might not live for a full thirty days after birth, in which case a person killing the baby could not be prosecuted for murder), if actually he is breathing on his own he must be treated as certainly being alive.: “If most of his body was outside one does not touch him, for one does not push aside one life before another life.” Not only if one would say, kill this person, but even if he told him, injure that person. It was stated, a Gentile against a Jew, is prohibited130He can be prosecuted in a Jewish court based of Noaḥide law, Gen. 9:6.; a Jew against a Gentile is permitted131He is not prosecutable in a court, only by the king’s police powers (cf. Sanhedrin 6:5 Note 75). As S. Liebermann points out, this seems to be a truncated quote from Tosephta Avodah zarah 8:5 “a Gentile against a Jew, is liable; a Jew against a Gentile is not liable, if he robbed or stole.”. Rav Ḥisda asked, may one save the life of an adult with the life of a minor? Rebbi Jeremiah objected, did we not state, “If most of his body was outside one does not touch him, for one does not push aside one life before another life”? Rebbi Yose ben Rebbi Abun in the name of Rav Ḥisda, there it is different for it is not known who is endangering whom.132Since it cannot be proven whether the mother endangered the baby or the baby the mother, it is not known whose life is forfaited. It happened that Eleazar ben Dama was bitten by a snake and Jacob from Kefar-Sama came to heal him in the name of Jesus ben Pandera, but Rebbi Ismael prevented him133Babli Avodah zara 27b. According to this source, ben Dama was the son of R. Ismael’s sister.. He told him, I shall bring a proof that he can heal me. He could not bring proof before he died. Rebbi Ismael said to him, you are blessed, ben Dama, that you left this world in peace and did not tear down the fences of the Sages, as it is written134Eccl. 10:8. The fence is a stone wall without mortar with holes in which a snake may hide., he who tears down a fence will be bitten by a snake. But did not a snake bite him? But that it will not bite him in the Future World135The mythical snake which seduced Eve.. What could he have said? Which a person should do and live by them136Lev. 18:5.. Rebbi Abba bar Zavda in the name of Rav: Practice follows Rebbi Simeon, since otherwise, could anybody give rose oil to a poor person if he could not anoint himself137If it were true that common people never use rose oil except for medical reasons, nobody ever could give rose oil to a poor person. Since such a restriction is unknown, R. Simeon in Mishnah 4 must be correct.? 138This paragraph is from Chapter 1, Notes 190–191. It is quoted here because of the second question of R. Zeˋira. Rebbi Zeˋira said to Rebbi Yose139The reading of Chapter 1, Yasa, is the correct one., does the Rabbi know Bar Pedaiah that you quote traditions in his name? He said to him, Rebbi Joḥanan quoted them in his name. Rebbi Zeˋira said to Rebbi Abba bar Zavda, does the Rabbi know Rav that you quote traditions in his name? He said to him, Rav Ada bar Ahavah quoted them in his name. MISHNAH: The following are the knots for which one is liable: a camel driver’s knot1The camel driver walks in front of the camels and leads them by a rope. The rope is tied through the camel’s nose. Since this is a major operation it is done once only; the knot is permanent. and a mariner’s knot2The knots which belong to the permanent rigging of the ship.. Just as one is liable for knotting them so he is liable for untying them. Rebbi Meїr says, one is never liable for a knot which one can untie with one hand. HALAKHAH: “The following are the knots,” etc. 12All this is in Chapter 7, Notes 394–408. What tying was in the Tabernacle? They were tying down the ropes. But was this not temporary? Rebbi Yose says, because they were travelling and camping by the Word, was it not permanent? Rebbi Yose ben Rebbi Abun said, since the Holy One, praise to Him, has promised them that he will bring them into the Land, it is as if it were temporary. Rebbi Phineas said, they learned it from the gobelin needle-workers. If a thread broke, he was tying it. If it broke again, it was impossible to make many knots but he would untie the first one. Rebbi Ḥizqiah said, an expert tailor merges the two heads. And where was this said? As Rebbi Yose ben Ḥanina said, they learned it from the weavers of the gobelins. What is the reason? The length of one gobelin, that it should be an entity. If [a thread] broke, he was tying it. When he came to the weave, he untied it and brought it in. Rebbi Tanḥuma in the name of Rav Ḥuna: Even on its warp there was neither knot nor connection. Rebbi Hoshaia stated, a basket of palm leaves for dates or a plate of palm leaves one may tear and open, only one may not tie. MISHNAH: But there are knots for which one is not liable as one is for a camel driver’s knot and a mariner’s knot. A woman may knot the openings of her garment3The garment was tied, not buttoned. Even if if was not necessary to untie all knots to undress, none of these is considered permanent and all of them may be tied or untied., and the threads of the hair net, of the belt4Latin fascia, -ae, f., and laces of shoe and sandal, wine and oil skins, and of a meat pot5If the lid was fastened with a string before the pot was put into insulating material to keep it warm for the meal on Sabbath day.. Rebbi Eliezer ben Jacob said, one may tie in front of an animal that it should not leave6One may leave the door of the barn or corral open but tie a rope across the opening which will force the cattle to remain inside. This obviously is a temporary device.; one may tie a pail to a belt but not to a rope7Since normally a rope is used, using a belt clearly makes it a temporary affair., but Rebbi Jehudah permits it. Rebbi Jehudah stated a principle: One is never liable for a knot which is not permanent8This is the guiding principle in this Chapter.. HALAKHAH: 2. 14From here to the middle of the discussion of Mishnah 16:1 there exists a Genizah fragment (E) edited by J. N. Epstein (Tarbiz 3, 1931, pp. 240–243). Rebbi Ḥizqiah said, if one opens the hem which is connected to the garment15Since it is obvious that one is permitted to dress and undress, the permission given in the Mishnah to untie knots must refer to situations where untying is not strictly necessary. R. Ḥizqiah constructs a rather artificial example where the garment is buttoned but the hem on which the buttonholes are is not sewn but tied to the garment. Instead of unbuttoning , one may untie.. Rebbi Yose said, if one opens a [split]16Added from E, cf. Note 13. This describes a garment held together by a knot on each shoulder. Even though the woman could undress by untying one knot, she is permitted to untie both. Babli 112a. garment which is made like two sheets. If shoe or sandal laces were dislocated, one removes and returns them, only one may not knot them17One may put in new shoe laces; one is not permitted to repair the torn ones by tying the pieces together.. If its nose was dislocated18The strip in the middle of the sandal through which the laces are passing., there are Tannaim who state, it is permitted to put it back, and there are Tannaim who state, it is forbidden to put it back. They wanted to say19E: Rav Ḥisda said., he who says that it is permitted, if there is one hole; he who says that it is forbidden, if there are two holes. Rebbi Yose ben Rebbi Abun said, in both cases it is following him who says that there are two holes. What about it? He who says that it is permitted, if they are loose; he who says that it is forbidden, if they are squeezed20The first explanation is rejected since the standard is to have two holes. The lace may be replaced if and only if this can be done without using tools. Babli 112a.. Do they disagree with Rebbi Eliezer ben Jacob21Since he is mentioned by name, the implication would be that his is a minority opinion. On the other hand it is difficult to see why anybody should disagree with his opinion. Babli 113a.? Since it was stated22A related text is in Tosephta Yom Ṭov 3:12.: “The Sages agree with Rebbi Meїr about seals in the ground that one pushes aside, and removes, and unties, and cuts. On the Sabbath one pushes aside but one does not remove nor untie nor cut23If produce is stored in the ground and the door tied by a rope, the knot (“seal”) is not permanent since produce is stored to be used eventually. If on a holiday one needs food, one may open the storage facility in any way one sees fit. In a similar case on the Sabbath one may push the rope to open a cleft through which one can take out some produce but rabbinically one may not otherwise remove the knot even though it is not permanent and removing it from an installation in the ground is not building or tearing down by biblical standards.. For implements on the Sabbath it is permitted24Since the notions of building and tearing down buildings does not apply to implements by biblical standards, there is no place for rabbinic restrictions.; it is not necessary to mention on a holiday.” This implies that they do not disagree with Rebbi Eliezer ben Jacob. Rebbi Abba said, the Mishnah is about a rope hanging down, a rope tied hanging down25R. Eliezer ben Jacob permits to tie a rope over the barn door opening if it already was tied to the door at one side and hanging down; then the knot to be made at the other side certainly is temporary. But if one would bring a new rope and tie it to both door posts there would be the possibility that after the Sabbath one would untie only one knot and the other would become permanent by default. If this was not intended originally no biblical liability is caused but there is reason to prohibit rabbinically. Babli 112b, bottom.. “To a belt but not to a rope, but Rebbi Jehudah permits it.” Therefore the rabbis do not26This question is incomprehensible; since R. Jehudah disagrees with R. Eliezer ben Jacob and we have stated that the rabbis agree with the latter, it is obvious that the rabbis disagree with R. Jehudah. Also the reference to a prior statement is impossible since the passage quoted is the first mention of R. Jehudah in the Chapter. Therefore it seems that the quote is incorrect both in the Leiden ms. and in E; with Naḥmanides (Novellae ad 113a, ed Herschler col. 383) one has to read here also “Rebbi Jehudah stated a principle …”. As explained earlier, already Mishnah 1 is based on the principle formulated by R. Jehudah which, therefore, is the majority opinion and should have been formulated as anonymous statement.? But because the earlier statement was in the name of Rebbi Jehudah, so also this is in the name of Rebbi Jehudah: “Rebbi Jehudah stated a principle: One is never liable for a knot which is not permanent.” Rebbi Samuel in the name of Rebbi Zeˋira: So is the Mishnah: One is never liable for a knot which is not permanent and which is temporary27Folding garments or bedsheets, as mentioned in Mishnah 3. Two people folding a sheet is professional work. Babli 113a (which has a list of further restrictons unknown to the Yerushalmi.). MISHNAH: One may fold garments even four or five times9If he is not satisfied by the way his garments were folded, he may repeat the operation as many times as necessary. and make the beds from Friday Night to the Sabbath Day, but not from Sabbath for after the Sabbath. Rebbi Ismael says, one folds garments and makes beds from the day of Atonement to the Sabbath10Since the holiness of the Day of Atonement is less than that of the Sabbath. The statements presuppose that the Day of Atonement may fall on a Friday or a Sunday, which is avoided in today’s computed calendar.. The fats of the Sabbath11This refers to the Temple service. The left-over pieces of the sacrifices of one day have to be burned on the altar during the following night (Lev. 6:2,5). On the Sabbath, where burning is forbidden in general, only the sacrifice of the Sabbath (Num. 28:9–10) is permitted. Therefore it is clear that remainders from a Friday service of any kind cannot be burned in the following night. The question is about the service in the night from the Sabbath to Sunday, in case burning also is forbidden on Sunday. R. Aqiba follows his Mishnah (Megillah 1:5) that the only difference between Sabbath and the Day of Atonement is that violations of the Sabbath are criminal offenses while violations of the Day of Atonement are sins. are brought on the Day of Atonement but those of the Day of Atonement are not brought on the Sabbath. Rebbi Aqiba says, neither are those of the Sabbath brought on the Day of Atonement nor those of the Day of Atonement on the Sabbath. HALAKHAH: 3. In the House of Rebbi Yannai they said, folding by two persons is forbidden27Folding garments or bedsheets, as mentioned in Mishnah 3. Two people folding a sheet is professional work. Babli 113a (which has a list of further restrictons unknown to the Yerushalmi.). Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: On the Sabbath, two together may not fold. If one folds on a footstool28Latin subsellium, -ii, n. it is as if two persons were folding29Since folding garments on a low bench is easier than folding when holding them in the air, the low bench has the status of a work tool which rabbinically cannot be used.. Rebbi Ḥaggai in the name of Rebbi Samuel bar Naḥman: Sabbaths and holidays were given only for eating and drinking. Since this mouth [is bothersome]30As E proves, this word, which was written by the Leiden scribe, is the correct expression. It was changed by the corrector into a word, reproduced in the Venice edition, which makes no sense in this context. (is smelling), they permitted him to be occupied with words of the Torah. Rebbi Berekhiah in the name of Rebbi Ḥiyya bar Abba: Sabbaths and holidays were given only for being occupied with words of the Torah31Here E has an explanatory addition which is attested to in some Medieval sources [Sefer Haˋittim §198 p. 290; some mss. of Meїri ad 118b, ed. I. S. Lange p. 459, Or zarua Šabbat §89; it is missing in the quotes of the paragraph in Šibbole Halleqet (ed. S. Buber fol. 34a) and Sefer Hamanhig (ed I. Raphael p. 181)]: “on weekdays since he is occupied he has no free time to occupy himself with words of Torah; holidays and Sabbaths were given to him to occupy himself with words of Torah.”. A baraita supports either one of them: What does one do? Either he sits down and eats or he sits and studies words of the Torah. One verse says, it is a Sabbath for the Eternal32Lev. 23:3. This means totally to the Eternal., and another verse says, an assembly for the Eternal33Deut. 16:8. This means partially to the Eternal., your God. How is that? Give part of it to the study of Torah and part to eat and to drink. Rebbi Abbahu said, a Sabbath for the Eternal34Ex. 20:10. E shows that probably the quote Lev. 23:3 is intended., rest like the Eternal. Since the Eternal rested from saying, you also should rest from saying34Ex. 20:10. E shows that probably the quote Lev. 23:3 is intended.. 36This paragraph is not in the original text of the Yerushalmi; it was added by the corrector and is not in E. A Yerushalmi source of the story is Lev. rabba 34(15) at the end. A slightly different version is in the Babli 150b. It is clear that the mention of a “tent” in this connection is a scribal error; maybe it should be שִׂיחַ “bush”. It happened that a pious person went to promenade in his vineyard on the Sabbath when he saw there a breach which he decided to repair after the Sabbath. He said, because I wanted to repair I shall never repair it. What did the Holy One, praise to Him, do for him? He prepared for him a tent of caper bush which grew there and mended it. From it he was fed and from there was his sustenance all his days. Rebbi Ḥanina said, with difficulty they permitted greeting on the Sabbath37This is continuation of the statement that talking on the Sabbath is frowned upon. In the Babli, 12b, this is applied only to visits to the sick and mourners.. Rebbi Ḥiyya bar Abba said, when Rebbi Simeon ben Yoḥai saw that his mother enjoyed talking much, he said to her, mama, today is Sabbath. It was stated: It is forbidden to pray for his needs on the Sabbath. Rebbi Zeˋira asked Rebbi Ḥiyya bar Abba, may one say, “shepherd us, provide for us”38Expressions in the third benediction of Grace. (Cf. the author’s The Scholar’s Haggadah, p. 353.) The passage also is quoted in Lev. rabba 34 (Note 36).? He answered him, these are formulas of benediction. It was stated: One rinses cups, pots, and plates from Friday Night to the morning, from morning to noon, from noon to afternoon39One may cleanse dishes from one meal for the next; one is not required to have new dishes for every repast. Babli 118a.. After afternoon it is forbidden, only for cups it is permitted since drinking has no fixed times. Rebbi Jeremiah, Rebbi Zeˋira in the name of Rav Ḥiyya bar Ashi: An intelligent woman rinses a cup here, a pot there, a plate there; the result is that she waters down her house on the Sabbath40If she has a one story house with a dirt floor, she washes different pieces at different places and so sprinkles all places.. Rebbi Zeˋira in the name of Rav Ḥisda, if the Day of Atonement falls to be on the Sabbath41It seems that this means that the Day of Atonement falls on Friday, as in the parallel in the Babli 114b. one does not blow42A public blowing of a ram’s horn on Friday afternoon towards evening at a fixed time before sundown to alert everybody to the coming of the Sabbath. The details of this Galilean procedure are found only in the Babli, 35b. If Friday is the Day of Atonement, nobody is working and the sounding of the horn is unnecessary and therefore rabbinically forbidden., if after the Sabbath one does not make havdalah43The required declaration of a “difference between Sabbath (or holiday) and weekday” after the end of the Sabbath or the holiday. Rabbinically, no work may be performed before some form of havdalah. But since everything forbidden on the Sabbath also is forbidden on the Day of Atonement (Mishnah Megillah 1:5), havdalah in this situation would make no sense. A special form of havdalah is required if Sunday is any other holiday since many things forbidden on the Sabbath are permitted on a holiday.. Why? Following Rebbi Aqiba. But following Rebbi Ismael he makes havdalah since the fats of the Sabbath11This refers to the Temple service. The left-over pieces of the sacrifices of one day have to be burned on the altar during the following night (Lev. 6:2,5). On the Sabbath, where burning is forbidden in general, only the sacrifice of the Sabbath (Num. 28:9–10) is permitted. Therefore it is clear that remainders from a Friday service of any kind cannot be burned in the following night. The question is about the service in the night from the Sabbath to Sunday, in case burning also is forbidden on Sunday. R. Aqiba follows his Mishnah (Megillah 1:5) that the only difference between Sabbath and the Day of Atonement is that violations of the Sabbath are criminal offenses while violations of the Day of Atonement are sins. are brought on the Day of Atonement44It is implicit in his position as reported in Mishnah 3 that he considers the holiness of the Day of Atonement to be inferior to that of the Sabbath.. Rebbi Ezra said before Rebbi Mana, even according to Rebbi Ismael he should not make havdalah, since one only makes havdalah to permit things which were forbidden to him. If he would burn the fats of the Sabbath on the Sabbath, would that not be permitted? Rebbi Samuel the brother of Rebbi Berekhiah said, he should make havdalah since by it he permits to rinse pickled and parboiled [food]45One is permitted to start preparing food for breaking the fast some time before the end of the day of Atonement even though in general one is prohibited to do anything on a Sabbath or holiday to prepare for the following weekday. (This exception holds true even if the day of Atonement is a Sabbath proper.). Rebbi Yose said, he only is permitted to rinse pickled and parboiled [food] from the time of afternoon prayers or later. Could he make havdalah from the time of afternoon prayers or later? As you take it, there is no cup, there is no light46The standard havdalah uses a cup of wine, a torch, and spices (the latter is not needed for holidays and the day of Atonement). Berakhot 5:2. On the Day of Atonement proper, neither a cup of wine nor fire is available., how can he make havdalah? Rebbi Abun said, in prayer47The original form of havdalah, cf. Berakhot 5:2 Note 88.. MISHNAH: One saves all holy Scriptures from a fire1Since making a fire is prohibited on the Sabbath, so is extinguishing a fire as long as no human lives are endangered by it. The Mishnah supposes that the houses are single family adobe houses separated from one another so that normally there is no danger of the fire spreading and endangering others., whether they be used for reading or not used for reading2For public readings. Scrolls of books of Scripture not for public readings are either Hagiographa or defective copies of Torah and Prophets.; even though they be written in any language they have to be hidden3If they are no longer usable they have to be disposed of in a dignified way; they may not be abandoned in garbage. Therefore even defective copies may be saved in a fire.. Why does one not read in them4Hagiographa are not to be read on the Sabbath since this would interfere with people attending public lectures held for the benefit of people who during the week have no opportunity of Torah study.? Because of neglect of the House of Study. HALAKHAH: “All holy Scriptures,” etc. What means “whether they are used for reading or not used for reading”? Whether they contain errors or do not contain errors. Was it not stated: If a scroll23A Torah scroll. contains two or three errors on every page, one corrects it and reads from it; with four one does not read from it24Since the text is unreliable, one never can be sure that all errors were corrected. The same statements Megillah 1:11, 71c l. 69.In the Babli, Menaḥot 29b, there is disagreement whether three errors on every page or only four are cause for disqualification.. Since we have stated, “why does one not read in them4Hagiographa are not to be read on the Sabbath since this would interfere with people attending public lectures held for the benefit of people who during the week have no opportunity of Torah study.? Because of neglect of the House of Study;” this implies that there is a difference between Torah and Prophets and Hagiographa25Since Torah and Prophets have to be read in the synagogue on the Sabbath, the only candidates for books which should not be read on the Sabbath are Hagiographa.. One does not save from a fire26This seems to be a truncated quote from a baraita which disagrees with the preceding argument and states that Hagiographa cannot be saved from a fire if this would involve transgressing rabbinic prohibitions.. For him who says, they render hands impure27Mishnah Yadaim 3:8 reports on disagreement whether touching a scroll of Ecclesiastes makes one’s hands impure. There seems to be tacit agreement that Esther does not make the hands impure. This impurity is purely rabbinical; it was instituted so people should not store their heave, which is sanctified, with also holy Scripture, since this would attract rats which would attack the leather on which the scrolls were written. A scroll which does not render the hands impure is not holy; no rabbinic restrictions would have to be waved to save them from a fire., one saves them from a fire; but for him who says, they do not render hands impure, one does not save them from a fire. They objected: Is there not a Hebrew book which was written in Aramaic28Mishnah Yadaim 4:5.; it will not render hands impure but one saves it from a fire, since we have stated: “even though they are written in any language they have to be hidden.” The Mishnah follows Rebbi Simeon, since Rebbi Simeon said, nothing forbidden only rabbinically stands in the way of Holy Scriptures29Mishnah Eruvin 10:3. Only biblical prohibitions have to be observed when caring for Scripture on the Sabbath.. Do they disagree30The mishnaic statements in Yadaim and Eruvin.? There it is because of their degradation31Lest rats be attracted to the scrolls, Note 27., but here everybody agrees that one saves them from a fire. For whom is it needed? For Rabban Simeon ben Gamliel. Even though Rabban Simeon ben Gamliel said32Mishnah Megillah 1:11. There do exist approved Aramaic versions of the Pentateuch and Jonathan ben Uziel’s Aramaic paraphrase of Prophets but no recognized Aramaic versions of Hagiographa. The existing Aramaic versions of Psalms, Proverbs, Job, Esther, and Chronicles all seem to be post-Talmudic., “also Hagiographa they permitted only that they could be written in Greek,” would he agree here that one saves them from a fire? “It happened that Rabban [Simeon ben]33Added from E. From the context this seems to be the correct attribution, referring to Rabban Simeon ben Gamliel I, the head of the revolutionary government in the first war against the Romans. In the Babylonian parallels, Babli 115a, Tosephta 13:2 (ed. Liebermann) the name always is “Rabban Gamliel” I, the grandfather of Rabban Gamliel of Jabneh. Gamliel was supervising builders on the the Temple Mount when he an Aramaic version of Job was brought to him. He told the builder to hide it under a row of stones.” Even though they said, one reads Hagiographa only after the afternoon prayers, nevertheless one studies and preaches about them34As Jacob Mann has pointed out, the classical Midrashim, which present sermon concepts, associate to pentateuchal texts not only texts from the Prophets but also from Hagiographa. This use is perfectly legitimate. (In legal contexts, קֹרֵא means not simply “reading” but “reading with correct accents”). The Babli, 117b, notes that in Babylonia one did neither preach nor study on Sabbath afternoon after prayers.. If he needs it, he takes and checks35Checking the text for a sermon or similar use is appropriate at all times.. 36The following also is found in Lev. rabba 15(4), Lament, rabbati 4(25). It is quoted at length in Sefer haMakhriaˋ (Isaias from Trani) §31 (Kohn & Klein, Munkacs 1900, col. 20a). An example37Greek δήλωμα, -ατος, τὁ.: Rebbi, the Elder Rebbi Ḥiyya, and Rebbi Ismael ben Rebbi Yose were sitting and explaining the plain sense of a scroll of Lamentations on a Ninth of Av which fell on a Sabbath (after the afternoon prayers.)38The text in parentheses is missing in E, in the editio princeps of Lev. rabba and related mss. sources, and in the quote in Sefer haMakhriaˋ. In Lament. rabbati it is replaced by “towards nightfall”. As the following text shows, the three rabbis studied the text before the afternoon prayers; the text should be deleted. They left over one alphabetic poem. They said, we shall come tomorrow and finish it. When Rebbi was on the way home, he hurt his finger and recited about himself, many are the evildoer’s hurts39Ps. 32:10. He referred to himself as evildoer because he read the text before the afternoon prayers for its simple meaning; had they used it as basis for sermons it would have been acceptable.. [The Elder]40Added from E. Rebbi Ḥiyya said to him, it is our fault that this happened to you, as it is written, our spirit, the Eternal’s anointed, was caught by their corruption41Thr. 4:20.. Rebbi Ismael ben Rebbi Yose told him, that could have been said about us if we had not occupied ourselves with it; so much more since we did occupy ourselves with it. He went home, put a dry sponge42Greek σπόγγος, ὁ. on it and tied it from the outside with bast. Rebbi Ismael ben Rebbi Yose said, from this we learned three things: A sponge does not heal but protects43While healing not life-threatening situations is forbidden on the Sabbath, protecting a wound against infection is permitted. Babli 134b.; bast is prepared44Bast is like string; it always is available when needed and never is muqṣeh because of uses which are forbidden on the Sabbath; therefore it may be used even for occasions which could not have been anticipated at the start of the Sabbath., and one recites from Hagiographa only after afternoon prayers45This statement shows that the text mentioned in Note 38 is to be deleted.. Then at a place where there is a House of Study one should not read, at a place where there is no House of Study one should read46Cf. Horaiot 3:7, Notes 304–310.? You only have what Rebbi Neḥemiah stated, as Rebbi Neḥemiah stated, why may one only read Hagiographa after afternoon prayers? Because of persons’ documents. Because if you were telling him that it is permitted, then he would say, there is nothing wrong if I would occupy myself with my documents. Since you are telling him that it is forbidden, then he will say, since Hagiographa are forbidden, so much more private documents. This implies that Mishnah has precedence over Bible. This supports what Rebbi Simeon ben Yoḥai stated46Cf. Horaiot 3:7, Notes 304–310., as Rebbi Simeon ben Yoḥai stated, he who studies the written Torah does himself good that is not so good; he who studies Mishnah is occupied in an endeavor which deserves reward; he who studies Talmud could not endeavor anything greater than this, always a person should pursue Mishnah more than Talmud47One has to memorize the basic material of study before one studies and analyzes the details.. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of the Mishnah in the Talmud, but since Rebbi incorporated most of the Mishnah in the Talmud, a person should pursue Talmud more than Mishnah48Since studying the Mishnah is now incorporated into Talmud study, it is possible to study on an elementary level appropriate for beginners.
In the opinion of Israel Levy in his Introduction to the Yerushalmi Bava qamma 1–6 (p. 19 Note 3) one should translate: “he who studies the written Torah does himself good that is not so good; he who studies tannaitic traditions is occupied in an endeavor which deserves reward; concerning him who studies Talmud there is no endeavor greater than this, a person should always pursue tannaitic tradition more than Talmud. Rebbi Yose ben Rebbi Abun said, this was before Rebbi incorporated most of tannaitic tradition (Mishnah and baraitot) in the Talmud, but since Rebbi incorporated most of the tannaitic material in the Talmud, a person should pursue Talmud more than Mishnah.”
. “One does not save benedictions which contain pentateuchal materials from a fire49Prayer texts which contain biblical quotes. The only prayer texts we have from Antiquity are Sadducee texts from Qumran. Rabbinic prayer books are known only from later Geonim, after the Arab conquest of Iraq. Prayer texts were considered part of oral tradition, to be memorized by following the reader in public service.. Because of this, they said: Writers of benedictions are burners of the Torah50Since one is not permitted to disregard rabbinic prohibitions in order to save prayer texts, writing prayer texts is the equivalent of exposing the quoted verses to desctruction.. It happened that there was a writer of benedictions; Rebbi Ismael went to check him out. When he noticed Rebbi Ismael’s steps, he took a bundle of benedictions and threw them into a bowl of water. In the following formulation he spoke to him: The punishment for the later deed is worse than the one for the earlier51The disrespect shown to the holy text is worse than making what is forbidden. Tosephta 13:4 (ed. Liebermann)..” Rebbi Joshua ben Levi said, one who writes down sermons has no part, one who preaches them is going to be singed, one who listens to him is not rewarded52R. Joshua ben Levi was a renowned preacher. What he wants to say is that the preacher must present original thoughts; if he writes directions for other preachers he propagates dishonesty and as such has no part in the Future World; the person who buys from him preaches dishonestly and will be damaged in his soul; the persons who hear the sermon will not be moved; their time is wasted. Soferim 16:2.. 53Tactate Soferim 16:10. The piece is missing in Tactate Soferim in Maḥzor Vitry. Rebbi Joshua ben Levi said, I never looked into a book of sermon concepts, except that once I looked, and I found written there: The 175 paragraphs where in the Torah is written speech, saying, commandment54The number of paragraphs which start with an expression of commandment., correspond to the years of our father Abraham, as it is written, you took gifts from Man55Ps. 68:19. Traditionally the Psalm is read as describing the Exodus and the epiphany at Sinai. The gift is the Torah given to Moses., and it is written, the great Man among giants56Jos. 14:15.. The 147 songs written in Psalms57The number of Psalms if Psalms 1–2, 9–10, 114–115 are combinred. correspond to the years of our father Jacob. This teaches that all praises by which Israel praise the Holy One, praise to Him, correspond to the years of Jacob, as it is said, You are Holy, throning over the praises of Israel58Ps. 22:4.. The 123 times Israel answer “halleluiah”59In the recitation of “Hallel” (Pss. 113–118) by the reader, the congregation answers every half-verse by “halleluiah”. This form of recitation, described by Maimonides Hilkhot Ḥanukkah 3:12 (Babli Sukkah 38b), still is common among Yemenite congregations. The exact places of response are indicated in the Yemenite Tikālil. correspond to the years of Aaron, Halleluiah, praise God by His holy one60Ps. 150:1., Aaron his holy one, for Aaron, the Eternal’s holy one61Ps. 106:16.. Nevertheless I was frightened in the night62Because of the sin he committed reading the book in which was written what only should be orally transmitted.. Rebbi Ḥiyya bar Abba saw a book of agadah. He said, even if what is written in there is good, the hand who wrote it should be amputated. A person told him, it was written by X’s father. He said, I was saying, the hand who wrote it should be amputated. That happened to him, as an error which is coming out from the ruler’s mouth63Eccl. 10:5.. 64Tosephta 13:5 (ed. Liebermann). Babli 116a.“Gospels65If written in Hebrew or Aramaic. and books of heretics66Usually this is applied to Ebionite literature. But since both prayer collections and written sermons on biblical texts, both of which were condemned in precedings paragraphs, were found in the Qumran caves, it is not excluded that the notion also includes the remainder of Sadducee/Essene literature in Tannaitic times., some Tannaim say67The Divine Name in its forms which may not be erased as listed in Megillah 71d l. 59, Babli Ševuot 35a., one tears out the Names68R. Yose the Galilean. and burns them; some Tannaim say69R. Tarphon., one burns them with their Names. Rebbi Tarphon said, I would hit my sons; if they came into my house I would burn them together with their Names. For if a persecutor would persecute me I would seek asylum in a pagan temple but would not seek asylum in heretics’ houses, for the worshippers of idolatry do not know about Him, how could they disavow Him? But the heretics know Him and disavow Him; about them David said70Ps. 139:21., Your haters,o Eternal, I shall hate, etc. This homily they71R. Ismael. preached: If in order to bring peace between a man and his wife the verse commands that the Name written in holiness be erased72In the ordeal which proves the innocence of a woman accused of adultery, Num. 5:23., it is only logical that the books of heretics which propagate ill will and quarrel between Israel and their Father in Heaven should be burned with their Names.” MISHNAH: One saves the case of a scroll with the scroll, and the case of phylacteries with the phylacteries even if there are coins inside5Even if valuables which are not to be moved on the Sabbath are inside the boxes in which scrolls or phylacteries are kept. Since speed is of the essence, one does not have to investigate but without asking may carry muqṣeh articles with those one is authorized to move (cf. Chapter 3, Note 172).. Where does one save it to? To a side street which is a dead end6Even if publicly owned and accessible to the public, a dead-end street never can be a public domain in the biblical sense for the rules of the Sabbath. For these rules, a dead-end street can be turned into common private domain of the dwellers in the street by an eruv; it may be used to deposit the scrolls even if there is no eruv. It is presumed that the dead-end street is bordered by walls of houses or courtyards on three sides.; Ben Bathyra says, also one open on both ends7A thoroughfare, even if very narrow and walled in on two sides, can never be turned into a private domain by an eruv. Therefore the majority does not permit the used of such a path on the Sabbath. Ben Bathyra permits its use as long as the street is walled in and is narrow enough (less than 16 cubits wide) to be disqualified as public domain for the rules of the Sabbath.. HALAKHAH: 73Discussion of Mishnah 2. Our Mishnah if it is not connected74If the scroll is permanently fixed in the case the Mishnah is unnecessary since the case is an appurtenance of the scroll. Therefore it is permitted to remove the scroll in its case to places rabbinically forbidden even if the scroll only lies in the case and could be removed without effort.; but if it is connected it is like its body. One understands the case75Greek θήκη, ἡ. of the book with the book. The case of phylacteries with the phylacteries76In no case would removing the phylacteries from a case take more than a fraction of a second. The case is not part of the phylacteries since the owner removes them every weekday to put them on.? Rebbi Ḥaggai in the name of Rebbi Zeˋira understands it from the following: The Eternal’s angel is camping around those who fear Him and saves them77Ps. 34:8. Just as everything around a God-fearing person is protected, so everything around his religious objects is protected. Cf. Ḥagigah 2:1 (77c l. 12).. Similarly, it says. then these men were bound in their coats78Dan. 3:21. The coats also were saved.. “Even if there are coins inside5Even if valuables which are not to be moved on the Sabbath are inside the boxes in which scrolls or phylacteries are kept. Since speed is of the essence, one does not have to investigate but without asking may carry muqṣeh articles with those one is authorized to move (cf. Chapter 3, Note 172)..” This parallels what Rebbi Jacob bar Aḥa said, Ḥinena from Cartagena in the name of Rebbi Hoshaia: On a saddle bag79Greek δισάκκιον, τό; modern Greek δισάκκι. Literally “double bag”. full of coins one puts a loaf and may move it80While the saddle bag is muqṣeh, anything muqzeh may be moved if it serves a basis for something which may be moved. Babli 142b.. “Where does one save it to? To a side street which is a dead end.” Therefore not to one which is a thoroughfare. Everywhere you are saying, one who is walking is not like one who is putting down, but here you are saying, one who is walking is not like one who is putting down81If the house is adjacent to a thoroughfare one does not understand why the Sages opposed to ben Bathyra do not permit to carry the things into another house facing the same side street without stopping in the street since then there is no transport form a private domain to a non-private domain and therefore no biblical prohibition.. But one who is throwing. Everywhere you are saying, one who throws is not liable, but here you are saying, one who throws is liable82It is agreed that one may carry from the burning house into another house open to the same side street. The restriction to a dead-end street only applies to cases where one cannot carry but has to throw. But then Mishnah 11:1 states that the Sages declare not liable a person throwing from one private domain into another even over clearly public domain.. Rebbi Ḥizqiah in the name of Rebbi Aḥa: we are dealing with the case that they did not make an eruv83It is clear that the Mishnah would not be necessary if there were an eruv; the only question is whether there could have been an eruv or not.. Ben Bathyra is like Rebbi Jehudah, as we have stated there84Mishnah Eruvin 9:5. The argument is not only about the text quoted but mainly about the end of the Mishnah: “In addition, Rebbi Jehudah said, one may make an eruv for a side street which is a thoroughfare but the Sages forbid.” The argument of R. Jehudah, endorsed by Ben Bathyra, is that any narrow strip bounded on two opposite sides, either under a bridge or on a narrow thoroughfare, is a candidate for designation as a private domain.
It is asserted that Ben Bathyra permits moving to a thoroughfare because it could be unproblematic if there were an eruv; the Sages forbid since it never could be unproblematic.
: “One may move things under bridges which are thoroughfares, the words of Rebbi Jehudah, but the Sages prohibit.” MISHNAH: One saves food for three meals; human food for humans and animal feed for animals. How is this? If the fire started Friday Night, one saves food for three meals, in the morning one saves food for two meals, in the afternoon one saves food for one meal. Rebbi Yose says, one always saves food for three meals. HALAKHAH: 85Discussion of Mishnah 3. Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal, this is Rebbi Nehemiah’s who said, it can be taken only if necessary. Rebbi Yose said, the reason of the rabbis there is that everything in the house is prepared, but here if you would say so he would save from today for tomorrow86This refers to Mishnah 17:4 where it is asserted that all vessels may be used (and moved) on the Sabbath without establishing a need. R. Nehemiah disagrees and permits moving anything only for a genuine need. The first opinion wants to find in the Mishnah an endorsement of R. Nehemiah’s position since it is presented as anonymous opinion which implies that it is practice to be followed. The need in this case is the obligation to consume three meals on the Sabbath. Since there is no reason to restrict using food on the Sabbath, limiting the moving of food out of the house to the three obligatory meals can be explained only following R. Nehemiah. The argument is rejected by R. Yose who explains the Mishnah here as a rabbinic restriction, to avoid preparing on a Sabbath for the needs of weekday. One still holds that nothing is muqṣeh which has not been explicitly removed from use on the Sabbath.. The Mishnah is from Rebbi הונדקס87This name is a hapax; in the opinion of Krauss a Greek name Ἄνδοκος. The quote of the passage in the Mishnah commentary of Salomo Adani reads חיקיים, another unexplained form. It is best to accept the interpretation of I. Löw (in Krauss’s Dictionary) who sees in the statement of R. Hondikos not the statement of R. Yose in the Mishnah, but the statement in Mekhilta dR. Ismael, ad Ex. 16:25, that the triple mention of “today” in the verse implies the obligation to eat three meals on the Sabbath. The name of the tradent in the Munich ms. of the Mekhilta is הנדקא (in the quote in Leqaḥ ṭov, Pesiqta zuṭreta ad Ex. 16:25, ed. S. Buber Note 119, הינדקא), which would mean Indicus. In the Babli 117b (a related but different statement) and the quote of the Mekhilta in Midrash Wehizhir ed. I. M. Freimann p. 18 the name is חידקא. who said, one always saves food for three meals. Explain it if the fire started Friday evening before he ate88As noted before, the statement should be that there is an obligation to eat three meals on the Sabbath. Since one of them is the Friday evening meal, there should be only two needed for the Sabbath.. What should one say on the day of Atonement? Should he not save anything following the rabbis89Since it is a fast day; there is no food needed on the day itself.? Everybody agrees that one saves food for one meal because of the danger90Since it would be dangerous not to break the fast in the evening, everybody agrees that the meal after the end of the fast is part of the needs of the day.. It was stated: One saves an average portion for a sick person and for a child, but for a glutton according to his wont. One prepares an eruv for a sick person or a child according to their wont but for a glutton an average portion91Even though a sick person or a child eat less than a normal adult person, one may save a full portion for them. For a glutton one may increase the amount. For eruv teḥumin, to allow a person to walk on the Sabbath further than the statutory 2000 cubits one deposits a symbolic amount of food at the Sabbath border before the start of the Sabbath. This then becomes the symbolic dwelling place of the person who has 2000 cubits in each direction (where a built-up area is counted as 4 cubits). One is interested to make the symbolic meal as small as possible.. It was stated92Tosephta 13:7 (ed. Liebermann); Babli 117b. that one does not plan to circumvent the law. Rebbi Yose ben Rebbi Abun93Since R. Yose ben R. Abun is a very late Amora, this attribution is impossible, even though the reading is quoted by R. Ḥananel (Babli 120a). It must be either R. Yose ben Rebbi Jehudah as in the Babli, even though the Tosephta reports him to hold the opposite opinion, or R. Jehudah ben Laqish as reported in the Tosephta. said, one does plan to circumvent the law. Some Tannaim state, one saves and then invites; some Tannaim state, one invites and then saves94It is understood that the “three meals” quoted in the Mishnah are understood as 3 meals for every person in the house, including guests. Therefore according to the second opinion one may remove from the burning house a great amount of food and then invite neighbors to eat some of it.. He who says, one saves and then invites follows him who says, one does plan to circumvent the law. But he who says, one invites and then saves follows him who says, one does not plan to circumvent the law. It was stated95Tosephta 13:6 (ed. Liebermann).: One extinguishes to save. This baraita follows Rebbi Simeon who said, nothing forbidden only rabbinically stands in the way of Holy Scriptures29,Mishnah Eruvin 10:3. Only biblical prohibitions have to be observed when caring for Scripture on the Sabbath.96He holds that any work not intended for its own sake is only rabbinically forbidden. Extinguishing a fire in itself is biblically forbidden; extinguishing in order to save holy books would only be rabbinically prohibited.. It was stated: One may cause impurity97The spelling of the scribe was מטמין; the corrector wrongly babylonized to מטמאין. to save. But was it not stated, she may not touch anything holy91Even though a sick person or a child eat less than a normal adult person, one may save a full portion for them. For a glutton one may increase the amount. For eruv teḥumin, to allow a person to walk on the Sabbath further than the statutory 2000 cubits one deposits a symbolic amount of food at the Sabbath border before the start of the Sabbath. This then becomes the symbolic dwelling place of the person who has 2000 cubits in each direction (where a built-up area is counted as 4 cubits). One is interested to make the symbolic meal as small as possible., including heave99Since impure heave may not be eaten but must be burned, saving heave by making it impure would be futile.? 100This is inappropriate here; it is copied from Chapter 14, Note 59. Tithe is not like heave for impurity, Sifra TazriaˋPereq 1(8). There is no difference between heave and Second Tithe. What about it? On condition that he not proceed on the Sabbath the way he proceeds on a weekday. On a enseigné: comme il est permis de sauver les objets du feu, de même on pourra les soustraire à l’invasion des païens, ou à l’inondation des fleuves, ou à l’éboulement d’une maison, ou enfin à toute cause de perdition. MISHNAH: One saves a bag full of loaves even if it contains food for a hundred meals, and loaves of dried figs, and wine amphoras8Again, since speed is of the essence, one may move packages of food irrespective of their size., and one says to others, come and save for yourselves9Even though he really wants the neighbors to help him save his property, he must invite them to save for themselves.. If they are intelligent10If they understand that the fire victim really did not want to donate his food to them, they either may in return give back the food to him or pay him something for the food which they took. they settle accounts with him after the Sabbath. Where does one save to? To a courtyard with an eruv11Since the neighbors are not threatened by the fire and are saving for themselves, they may take the things only to places in which they are authorized to carry.. Ben Bathyra says, even if there is no eruv12He requires only that the place be potentially one where the neighbors could carry; but in this case he excludes the dead-end street into which the common courtyard opens.. HALAKHAH: 101Discussion of Mishnah 4. Since an entire sack full of food can be saved, it should be forbidden even for R. Yose. Does the Mishnah follow Rebbi Yose who said, “one always saves food for three meals”? Since all is one body, all of it counts as one meal. “One says to others, come and save for yourselves9Even though he really wants the neighbors to help him save his property, he must invite them to save for themselves.,” since ordinarily one invites guests for the Sabbath102If the guests had been invited before the start of the fire it is obvious that their part of the food could be saved. Since it is possible to invite guests on Sabbath proper, even the Tanna who holds that one does not plan to circumvent the law will agree that they can be invited now.. “If they are intelligent10If they understand that the fire victim really did not want to donate his food to them, they either may in return give back the food to him or pay him something for the food which they took. they settle accounts with him after the Sabbath..” There we have stated103Mishnah 23:1, speaking of a person who borrows from another on the Sabbath when he has no credit with the lender., “he leaves his toga with him and settles his account after the Sabbath.” There you say, he has his pledge with him; here what do you have? Rebbi Abba Mari said, because of this we taught, “if they were intelligent”104Since the original owner only has a moral, not a legal claim to the food which was taken by others.. MISHNAH: There he also brings out all his utensils, and he puts on all he can wear and wraps around all he can wrap. Rebbi Yose says, 18 garments. He can come back and put on, and says to others: come and save with me13Since everybody does wear clothing in the public domain; garments are not a load, and the owner may ask the neighbors to wear the clothes for him; he does not have to transfer ownership to them.. HALAKHAH: 105Discussion of Mishnah 5. The parallel is in the Babli 120a. R. Yose limits everybody to a maximum of 18 garments at a time. Rebbi Yose says, 18 garments.” And they are these: The burnus106Explanation of Arukh; Latin amictorium (a Medieval word, “loose garment, coat, wrap”, classical Latin amictus). Rashi: mantel (modern French manteau). R. Ḥananel identifies with Hebrew מְעִיל “coat”., arm cover107In the Babli אונקלי, explained as Greek ἀγκάλη, ἡ. Rashi: “A wide garment worn by Sarracens.” R. Ḥananel: “A thin garment معرقة worn on the body to absorb the sweat.”, and money belt108Latin funda. This is worn on the outside. Rashi: A hollow belt worn over the garment. R. Ḥananel: In Persian pesht, is worn below the navel., and felt cap,109Latin pilleus, -i, m. In the Babli אפיליון. Rashi: A sheet to cover himself completely. R. Ḥananel does not comment on the term. and a kafia110Rashi: to wrap around his head. The root is غفر “to cover”., and a linen tunic111Greek κολόβιον, τό “sleeveless or short-sleeved tunic”. Rashi: ganbeis, which according to M. Katan were underpants worn under armor to protect the skin from the metal. R. Ḥananel: Undershirt which is called غٍلالة “tunic”., and a woolen shirt112Rashi: chemise (“shirt”) on his skin., and two felt stockings113Greek ἐμπίλια, τά “felt shoes” (also bandage for horses’ legs). Rashi: calçones (chaussons) of wool., two garters114Rashi: “straps”. R. Ḥananel: In Greek this means “trousers” but some say these are gloves with separate fingers. The Geonic commentary to Tahorot (Kelim 29:2) notes that “some say these are (Farsi) توبان ران (trousers)”., and two breeches115Latin bracchia (bracchium, i, n.)., two shoes, and the hat116Biblically this means “helmet”. on his head, and the belt on his hips117Rashi: On his shirt inside., and shawls118Latin sudarium, -ii, n., “sweatcloth”. on his arms. “And says to others come and save with me,” since ordinarily one lends garments on the Sabbath102If the guests had been invited before the start of the fire it is obvious that their part of the food could be saved. Since it is possible to invite guests on Sabbath proper, even the Tanna who holds that one does not plan to circumvent the law will agree that they can be invited now.. MISHNAH: Rebbi Simeon ben Nanas says, one spreads kid leather over a chest, a box, or a cupboard which are on fire since it is singed14It is not usually burned in a fire; therefore covering utensils with hide is not supplying the fire with fuel.. One builds a wall out of vessels15Since vessels are not building material, moving amphoras together to hinder the spread of the fire is not building., whether full or empty, lest the fire cross over. Rebbi Yose forbids new clay vessels full of water since they cannot withstand the heat, spring leaks, and extinguish the fire16If it is a foregone conclusion that the vessels will break and douse the fire, using a subterfuge is forbidden as long as one cannot go and extinguish the fire directly as a danger to life.. HALAKHAH: So is the Mishnah: Before they are on fire119This refers to Mishnah 6. Ben Nanas only allows protecting the chest from the fire, not smothering it with a leather cover.. Rebbi Jeremiah, Rebbi Abba bar Mamal in the name of Rav: If a scroll started burning at one side one puts water on the other side120This is indirect causation of extinguishing which only is rabbinically forbidden and is tolerated in this case.; if it was extinguished it was extinguished. If the fire burned on both sides one spreads it out and reads in it; if it was extinguished it was extinguished. 121Babli 120a bottom. If a toga started burning at one side one puts water on the other side; if it was extinguished it was extinguished. If the fire burned on both sides one takes it and wraps oneself in it; if it was extinguished it was extinguished. 122This is copied from the end of Chapter 3, Note 234. Rebbi Samuel in the name of Rebbi Zeˋira: This is Rebbi Yose’s. We were of the opinion to say, where what Rebbi Yose says and the rabbis disagree? When he made a barrier of vessels. But not if he made a barrier of water. Since Rebbi Samuel said in the name of Rebbi Zeˋira: This is Rebbi Yose’s, it implies that there is disagreement even if he made a barrier of water. MISHNAH: If a Gentile comes to extinguish one tells him neither to extinguish nor not to extinguish since you are not responsible for him resting. But if a minor comes to extinguish one may not listen to him since you are responsible for him resting17An underage child has no religious obligations; only his parents have a responsibility to educate him for a life conforming to religious rules. But in matters of the Sabbath the Fourth Commandment holds the parent directly responsible for sons and daughters keeping the Sabbath.. HALAKHAH: 123Discussion of Mishnah 7. All fires mentioned here happened on a Sabbath. The text also is in Nedarim 4:9 (ר) Notes 104–113. It is difficult to decide which passage is the original. In the days of Rebbi Immi there was a fire in the village. Rebbi Immi sent a crier to the markets of the Gentiles saying: “He who works will not lose.124One is permitted to assure people of their wages. In the Babli, 121a, R. Ammi (= Immi) says directly that suggesting payment is permitted in the case of a fire on the Sabbath.” Rebbi Eleazar ben Rebbi Yose said, that was danger to life. But if there was danger to life, Rebbi Immi himself should have fought the fire! Did we not state125Also in the Babli, Yoma 84b., in any case of danger to life one does not say that [the necessary work] be done by women126In Tosephta 15:15, Nedarim and Yoma 8:5 correctly: “Gentiles”. This also is the quote from Šabbat in Medieval sources (Raviah p. 338, Or zarua 2 §38, Roqeaḥ §109). or minors, but [it should be done] even by adults, even by Jewish persons. “It happened that there was a fire in the courtyard of Yose ben Simai in Shiḥin, and the garrison of the barracks127Latin castra, -orum, n. “military camp, barracks, fortress.” of Sepphoris came to fight it but he did not let them fight it; he said, let the collector collect his due128Since the fire was on a Sabbath, he took it as divine punishment.. Immediately there formed a cloud which extinguished it. After the Sabbath he sent to each of them a tetradrachma and to their commander129Greek ἔπαρχος, ὁ, equivalent of Latin praefectus (castrorum). Tosephta 13:9 (ed. Liebermann). 50 denarii.” The Sages130In Nedarim: R. Ḥanina (the Chief Rabbi of Sepphoris in a later generation.) In the Babli 121a, this is the opinion of the Sages, while Yose ben Simai wanted to encourage them to fight Sabbath fires at Sepphoris. The mention of the Sages here may be a contamination from the Babli. said, there was no need for him to do that. A Nabatean131In Nedarim: “A Samaritan”. Since a Samaritan as a Jew has to keep the Sabbath, the reading here is preferable. was in the neighborhood of Rebbi Jonah. There was a fire in Rebbi Jonah’s neighborhood; the Nabatean wanted to fight it but Rebbi Jonah did not let him. He said to him, because of my property! He said, yes132R. Jonah agreed to be responsible for the Nabatean’s loss if the fire reached his property.. And everything was saved. Rebbi Jonah from Kefar-Immi spread his garment over the grain stack and the fire retreated from it. “But if a minor comes to extinguish one may not listen to him.” But was it not stated, if one saw him going out and collecting grasses, one need not interfere? There he has no need for grasses; here he sees the need for fire fighting. MISHNAH: One may put a pot over a light lest it set fire to a beam18To prevent the house being set on fire one may cause the flame to be ultimately extinguished once the oxygen in the vessel has been used up; this is indirect causation which only is rabbinically forbidden and can be waved in an emergency., and over a child’s excrement, and over a scorpion to prevent it from stinging. Rebbi Jehudah said, this happened before Rabban Joḥanan ben Zakkai in Arab and he said, I fear that he incurred liability for a purification sacrifice19He was not sure whether the person putting the vessel over the scorpion was doing so in order to save people from being stung, in which case the action was permitted on the Sabbath, or whether he intended to use the scorpion for medical purposes after the Sabbath, in which case if would be a violation of biblical Sabbath rules.. HALAKHAH: “One may put a pot over a light.” It comes following what 133This is copied from Chapter 4, Notes 40–41. Rebbi Simeon ben Rebbi Yannai said: I did not hear from my father; my sister told me in his name. An egg which was laid on the Sabbath one props up against [a vessel] so it should not roll off. But one does not cover it with a vessel. But Samuel says, one may cover it with a vessel. “And over a child’s excrement.” Is that not chicken feed134Therefore it should be obvious that it is not muqṣeh and should not be mentioned in Mishnah 8.? Rebbi Uqban said, explain it if it is soft, that it should not be smeared around. “And over a scorpion to prevent it from stinging.” “This happened before Rabban Joḥanan ben Zakkai in Arab135A village not far from Sepphoris. and he said, I fear that he incurred liability for a purification sacrifice19He was not sure whether the person putting the vessel over the scorpion was doing so in order to save people from being stung, in which case the action was permitted on the Sabbath, or whether he intended to use the scorpion for medical purposes after the Sabbath, in which case if would be a violation of biblical Sabbath rules..” Rebbi Ulla said, eighteen years did he spend in Arab and only these two cases136The one mentioned in the Mishnah here and another case in Mishnah 22:3. came before him. He said, “Galilee, Galilee, you are hating Torah; in the end you will work for discharged veterans137Latin missicius, adj. “discharged from military service”, cf. Bava qamma 10:6, Note 60..” MISHNAH: If a Gentile lit a candle20For himself., the Jew may use its light; but if he did it for the Jew it is forbidden. If he drew water21From a cistern or in the public domain inaccessible to the Jew on the Sabbath. to let his animals drink, the Jew may let his animals drink, but if he did it for the Jew it is forbidden. If the Gentile built a ramp to descend on it, the Jew may descend after him, but if he did it for the Jew it is forbidden. It happened that Rabban Gamliel and the Elders arrived in a ship, the Gentile make the ramp to descend on it and the Elders descended on it22After the Gentile skipper had left the ship on the ramp, arriving in the harbor on the Sabbath.. HALAKHAH: For himself and for a Jew138This refers to Mishnah 9, about a Gentile making light. If it is for himself, the Jew may use it. If it was done exclusively for the Jew, its use is forbidden. Nothing is said about the case that the light was lit for the benefit both of the Gentile and the Jew.? Let us hear from the following. Samuel was received at a Persian’s. The light went out. The Persian went and wanted to light it; Samuel turned his face around139In order not to profit from the light which was lit on the Sabbath. Babli 122b.. When he saw140While this is a Babylonian story where the use of the root חזי is legitimate, it is more likely that this is a Babylonism in a Galilean text since the quote by Rashba, ad 122b, uses the Galilean root חמי. him occupied with his securities he knew that he did not light for him; Samuel again turned his face141Samuel turned around and looked at the light because he realized that his host lit the light for business purposes, not in order to engage in conversation with him.. Rebbi Jacob bar Aḥa said, this implies that for himself and for a Jew it is forbidden142This also is the text of Rashba, who wants to amend “forbidden” to “permitted”. The text should not be amended.. Rebbi Jonah said, there is a difference since one does not bother a person to leave his house143Samuel was at a stranger’s house; in his own house he would not have turned around.. Rebbi Eliezer144There is no Amora R. Eliezer known. With Rashba one might read “R. Yose”. said, if it is since one does not bother a person to leave his house, why did Samuel turn his face around145Since also a visitor is not thrown out of the house which he is visiting; the argument of R. Jonah cannot be correct but R. Jacob bar Aḥa is.? 146This refers to the end of the Mishnah, discussion between Rabban Gamliel and the Elders. Tosephta 13:14 (ed. Liebermann); Babli 122a.“They asked him, may we descend? He told them, since he did not do it for us we are permitted to descend.” MISHNAH: All implements may be taken on the Sabbath and their doors with them, even if they were disassembled on the Sabbath1Even if the lid was off the implement when the Sabbath started it does not lose its quality as part of a implement and is not muqṣeh. It is understood that tools are classified as implements for the Sabbath.; they are not similar to doors of a house because the latter are not prepared2The door of a building is part of the building. While it may be moved to be opened or closed, it cannot be removed since this would be tearing down a building. If for some reason the door becomes unhinged on the Sabbath, it is muqṣeh since at the beginning of the Sabbath it was not prepared for its role as implement.. HALAKHAH: “All implements may be taken on the Sabbath,” etc. There is spelled out more for doors of a house and there is spelled out more for doors of implements11E. g., of a chest or a cupboard.. There is spelled out more for doors of a house, for even if they were unhinged on Friday they may not be moved on the Sabbath. There is spelled out more for doors of implements, for even if they were unhinged on the Sabbath they may be used on the Sabbath12Babli 122b.. “Because the latter are not prepared,” and they are used only connected to the ground13House doors are used only in connection with the house; they cannot be removed and used for other purposes.. Rebbi Abbahu in the name of Rebbi Eleazar: 14Tosephta 14:1 (ed. Liebermann), Babli 123b.“Originally all implements could be taken on the Sabbath. Because they were suspected of desecrating holidays and Sabbaths as it is written15Neh. 13:15., at that time I saw in Jehudah that they were working wine presses on the Sabbathand loading on donkeys, etc., they forbade them everything. After they were fenced16When the Sabbath was universally kept publicly by rabbinic standards. in they continued to permit to them until they permitted them everything except the big saw and the blade of the plough6Work tools which are expensive to replace cannot be taken for other uses. Since the intended use is forbidden on the Sabbath, they cannot be used on the Sabbath.. Rebbi Yose said, also the engraver’s stylo17Definition of Arukh, s. v. צפורן. The root is Accadic ṣpr “to be pointed”.. Rabban Simeon ben Gamliel says, also the anchor18Since a ship may not leave on the Sabbath..” 19Tosephta 13:17 (ed. Liebermann). Babli 123b.“A mortar, if there is garlic in it one may take it, otherwise one may not take it; Rabban Simeon ben Gamliel says, if it is a small mortar used at table then it is like a bowl and one moves it on the Sabbath.” Rebbi Yose, Rebbi Ila in the name of Rebbi Eleazar, Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, they formulated before implements were permitted20Tosephta 13:17 is not Halakhah; any mortar may be moved even though grinding in a mortar is biblically a Sabbath violation.. There, we have stated21Mishnah Kelim 11:4.: “A door-bolt22Latin claustrum, n. “door bolt, bar”., Rebbi Joshua says one may slip it off one door and hang it on another on the Sabbath23R. Joshua only allows drawing the bolt out, tying it to a string and drawing it on the string to another door opening to the same courtyard, since this is moving “as on the back of one’s hand”, unprofessional, and not biblically forbidden. If the bolt can be drawn out without using a tool, it cannot be destroying a building and is not forbidden.. Rebbi Tarphon says, it is like any other implement and may be moved in the courtyard24He holds that a courtyard always is a domain by itself. It may not be part of the private domains of the houses opening into it; then without an eruv one may not carry from a house to the courtyard or from the courtyard to the house; but this does not limit one from carrying the bolt from one door to the next in the courtyard..” In the House of Rebbi Yannai they say, the Mishnah is about a courtyard without an eruv25Babli 124a.. If it is about a courtyard without an eruv, is that what we did state, “it is like any other implement and may be moved in the courtyard”26Since the door bolt was in the house, not in the courtyard, at the start of the Sabbath, the argument of R. Tarphon seems pointless since without an eruv no implement can be moved from the house to the courtyard.? Rebbi Yose in the name of Rebbi Jeremiah, Rebbi Ḥananiah reaches it in the name of Rebbi Eleazar: they formulated before implements were permitted. (If they formulated before implements were permitted,)27The text in parentheses is a mistaken correction by the corrector; it should be deleted. is that what we have stated: “it is like any other implement and may be moved in the courtyard”28The question raised (Note 26) has not been answered.? Like the29Tosephta 14:1 (ed. Liebermann), Babli 123b. It is asserted that there never was a rabbinic prohibition even in the days of Nehemiah which would have inhibited moving these implements in the courtyard, even from the house. “three implements which can be carried in a courtyard: a small knife, the chopper of fig cake, and the soup ladle30Greek ζωμήρυσις, -εως, ἡ..” The bugle, he blows a third time on the roof and puts it down at that spot31The public announcement of the start of the Sabbath by blowing a horn; an institution common to Palestine and Babylonia but which in detail is only known from the Babli, 35b. One cannot understand why the horn must be put away immediately with the start of the Sabbath since a Tosephta (13:16; quoted Chapter 6 Note 62) notes that it may be used on the Sabbath as a baby bottle. This baraita clearly became obsolete with the permission to move all implements.. Is it not a implement? Rebbi Yudan said, they formulated before implements were permitted. Rebbi Zeˋira in the name of Rebbi Eleazar: Half-pipes32The half-pipes mentioned in Mishnah Menaḥot 11:6 which separate between the loaves of the shew-bread, where it is mentioned that they cannot be removed or put in on the Sabbath. This clearly contradicts the Mishnah which declares that all implements may be moved on the Sabbath. and rods33In Mishnah Pesaḥim 5:9 it is asserted by R. Eliezer that while on a weekday the Passover sacrifice is stripped of its hide while hanging on rods carried by two people, on the Sabbath one uses no sticks but two people stretch out their arms to replace the rods. In view of the Mishnah here there is no reason not to use the rods on the Sabbath. It would be easy to say that the practice does not follow R. Eliezer, but since he is a very reliable historical source there can be no doubt that he accurately reports Temple practice from his own experience. One has to conclude that the general permission to use all implements (with the exception of expensive tools of trade) has to be dated to the council of Jabneh after the destruction of the Second Temple.
Babli 123b.
were formulated before implements were permitted. One may not move planks34Planks used to cover the holds of the ship. These are not shaped as implements; in other circumstances they could be used as building materials. of a ship on the Sabbath. If they cover implements or food they are like covers of any implement and may be moved on the Sabbath. Rebbi La said, even although you are saying “like covers of implements”, this is only if they have the designation of an implement35The essence of an implement is that it is subject to impurity. Straight planks are impervious to impurity; they cannot be called “implements”.. Anything which may be moved by two people may be moved by two; by four or five it is forbidden37In this version nothing is said about moving by three people. Naḥmanides (Novellae ad 121b, ed. M. Herschler col. 406) reads: “Anything which may be moved by two people may be moved by three; by four or five it is forbidden.” Meïri(Commentary ad 123b, ed. I.S. Lange p. 484) reads as our text. Rashba (Novellae ad 123b) reads: “Anything which may be moved by two people may be moved by two; by three or five it is forbidden.” Ritba (Novellae ad 122a, ed. M. Goldstein col. 776) paraphrases the text but it seems that he reads with Rashba, “by three or four or five it is forbidden.” A connected text is Tosephta 14:3: “One does not carry on a yoke on the Sabbath, but two may carry together; three or four are forbidden.”
“Forbidden” as always means rabbinically forbidden, not liable for a Sabbath violation.
. Rebbi Zeˋira said, since you are saying that by two it is permitted, even by four or five it is permitted38Babli Eruvin 102a.. That is what Rebbi Mana said, in the days of Rebbi Yose children were carrying Rebbi Jehudah ben Pazi’s bench39Latin subsellium, -ii, n. and old men were helping them. Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that they moved the carriage of Rebbi’s house on the Sabbath. Is that not an implement? Lest you say that because one used only its place one could not move it on the Sabbath40Even though the carriage may not be used on the Sabbath to transport anything, if the place where it is parked is needed it may be moved on the Sabbath. Babli 124a.. Rav Jehudah in the name of Samuel: Big boxes and big pails41Geonic commentary to Mishnah Kelim 16:3: “large containers, at least one seah large.” Maimonides: “Large pails to transport wheat and flour.” may be moved on the Sabbath, lest you say because they are used only at their place one could not move them on the Sabbath42Even if usually they are transported only using machinery, this does not make them muqṣeh.. Rebbi Abba in the name of Samuel: A bed press one may move on the Sabbath43I do not know what this expression means. Pene Mosheḥ: With which one presses the logs to equalize them. Qorban haEdah seems to read מוֹטוֹת “yokes” or מַטּוֹת “staffs” for מִטּוֹת “beds” and declares it an appurtenance of the loom.. Rebbi Abba in the name of Rav: One may move the upper and lower cross-beams but not the vertical [beams]44Parts of the loom. A working loom may not be taken apart on the Sabbath by biblical standards but parts of a defective one may be moved even by rabbinic standards since the notions of building and tearing down do not apply to implements. Babli 113a.. Rebbi Abba said, this refers to installed vertical [beams]; but the vertical [beams] at rest45Reading בן as equal to Arabic بنّ “to rest at a place”. are permitted. Rods and ropes of the loom46This seems to be Greek καῖρος, ὁ “weaving”, short for קורייס כְּלֵי “instruments needed for weave” used in the next sentence, for any implements needed for the manufacture of textiles. Jastrow’s identification as Latin corius, corium “leather, leather strap” (following Theodor) is inappropriate here, as are the additional meanings “upper surface (of a building), layer, stratum of earth”. one may move on the Sabbath; this is what Rebbi Yose said: Rebbi Joḥanan asked Rebbi Jehudah ben Levi, may one move appurtenances of a loom on the Sabbath? He told him, one may move. Rebbi Jehudah ben Pazi did not say so but: Rebbi Joḥanan asked Rebbi Jehudah ben Levi, may one move appurtenances of a loom on the Sabbath? He told him, one may not move. He asked him, why? He answered, because one may not move47It is a tradition. This answer is typical of R. Jehudah ben Levi, Babli Niddah 60a.. MISHNAH: A person may take a hammer to crack nuts, an axe to cut the fig cake, a saw to shave cheese with3A very hard cheese like Parmesan. In all cases of the Mishnah the use of the implement is inappropriate; this is no reason to exclude their use on the Sabbath., a rake to rake with it dried figs, a spade or a pitchfork4This also is the reading of the Mishnah in the Babli. In many Mishnah mss., including Maimonides’s autograph, the reading is מַזְלֵג “fork”. This is an acceptable reading since in Antiquity forks were not used at meals but in the kitchen; it still describes inappropriate use. to feed a child, a spindle or a spinning top to stick into something, a sewing needle to remove a thorn, and one of sack-clothiers to open a door. HALAKHAH: “A person may take a hammer to crack nuts.” Therefore not to open nuts not47It is a tradition. This answer is typical of R. Jehudah ben Levi, Babli Niddah 60a.. Is the Mishnah Rebbi Nehemiah’s, since Rebbi Nehemiah says, they may be taken only for a need? 48The following sentences are also found in Beṣah 1:5 (69c l.50, י), which also exists in a Genizah text edited by Ginzberg (p. 169,G) where the text is in better shape. Rebbi Abba (Rebbi Judah, Rebbi)49These words should be deleted with both witnesses from Beṣah. The title of Ḥinena bar Shelemiah was Rav, not Rebbi. Ḥinena bar Shelemiah in the name of Rav: The Sages agree with Rebbi Neḥemiah about the press, the plank, and the mace; the press with which he presses, the plank on which one beats them, the mace with which he smashes them50The items mentioned all belong to the wine press and represent considerable investment. The mace (in Babylonian form called בּוּכְנָה in י) is used to mash grapes on the plank put over the vat in the wine press.. An implement dedicated to a forbidden use may be moved only for a need; one for permitted use both with and without a need51Babli 124a. The definition of “need” will be taken up later.. Rebbi Yose said, look how lenient they were on the Sabbath, that even things which are not to be used on the Sabbath they permitted for use on the Sabbath. As Rebbi Eleazar said, why is a tripod52Greek δελφική, ἡ “Delphian”, adjective used as a noun, Latin delphica [scil.mensa]. This is a wooden tripod on which a wooden plate is laid to serve as table top. Since no volume is enclosed by any of its parts, one would have expected the tripod to be impervious to impurity. (A tripod used as a chair can become impure as a chair.) impure? Because the waiter eats on it. Why is its base impure? Because the waiter stands on it. Look how stringent they were in impurity, that even things which are not used as a table they declared impure as a table53In impurity an improvised table is treated as table; in the rules of the Sabbath, after the permission to use all kinds of implements, even tools of trade can be used for Sabbath purposes.. “A spade or a pitchfork to feed a child, a spindle or a spinning top to stick into something.” Rebbi Simon said, Rebbi Abbahu permitted me to apply eye salve54Greek κολλύριον, τό, “salve”, Latin collyrium, -i, n. on the Sabbath55While compounding the salve on the Sabbath is a biblical violation, applying it externally is permitted.. Rebbi Abba bar Cohen in the name of Rav Sheshet: The Mishnah implies this, “a sewing needle to remove a thorn,” since what would be the difference between this and a thorn? Rebbi Abba asked before Rebbi Mana, may one compound it on a holiday? He told him, it is not food56The only actions prohibited on the Sabbath but permitted on a holiday are those needed to prepare food (Mishnah Megillah 1:5). Compounding lotions for external use is forbidden.. MISHNAH: If a stick used to stir olives5Before being taken to the olive press the olives were kept in vats to soften. The rods with which they were stirred were then examined for signs of oil sticking to them. If the rod simply is straight, it is an implement for the rules of the Sabbath but not for those of impurity. If the top has some outcropping and holes, looking like a knot, to collect the oil drops, it is a implement both for the Sabbath and because of impurity. has a knot at its top it is an object of impurity, otherwise it is impervious to impurity. In any case it may be used on the Sabbath. HALAKHAH: 57This paragraph refers to Mishnah 3. In the House of Rebbi Yannai they said, a stick which he prepared in order to check the olives. How did he know? If it was dirtied by fluid it was proof that the work of loading was completed; otherwise it was proof that the work of loading was not completed5Before being taken to the olive press the olives were kept in vats to soften. The rods with which they were stirred were then examined for signs of oil sticking to them. If the rod simply is straight, it is an implement for the rules of the Sabbath but not for those of impurity. If the top has some outcropping and holes, looking like a knot, to collect the oil drops, it is a implement both for the Sabbath and because of impurity.. Rebbi Mana said to him, Samuel only stated that he was fishing out olives with it58The modified rod is a implement, usable on the Sabbath and subject to impurity, if used for any purpose, not necessarily checking for softness.. A stick which one prepared to close the window, should we say that he closes with it if it was tied and hanging, otherwise he may not close with it59Probably this is a text which appears in Babylonian sources (Babli 126a, Tosephta 14:3) as: “A stick which the home owner prepared to open or lock with, he uses to lock if it was tied and hanging (cf. Note 9), otherwise he may not use it. Rabban Simeon ben Gamliel says, if it is prepared even if it is neither tied nor hanging.”? “Rabban Simeon ben Gamliel says, if it is prepared even if it is neither tied nor hanging.” Did not Rebbi Joḥanan say, Ḥilfai pulled me and showed me a bolt of the House of Rebbi tied but not hanging60Therefore certainly not both requirements are necessary. The same text appears again in the discussion of Mishnah 7 and in Eruvin 10 (Note 131).? Rebbi Yudan said, since he removed it and took it into his hand it becomes similar to a key61Which routinely is removed from the door. Therefore practice follows Rabban Simeon ben Gamliel.. MISHNAH: All implements may be taken on the Sabbath except for the large saw and the blade of the plough6Work tools which are expensive to replace cannot be taken for other uses. Since the intended use is forbidden on the Sabbath, they cannot be used on the Sabbath.. All implements may be taken whether for a need or not for a need; Rebbi Nehemiah says, they may be taken only for a need7They can be moved either because the implement is needed or because it stands at a place which is needed for other things.. HALAKHAH: Rav Jehudah in the name of Rav: Practice follows Rebbi Nehemiah who said, “they may be taken only for a need.62Since the discussion in the Babli 124a concentrates on interpreting R. Nehemiah’s opinion, it seems that the Babli agrees with this Babylonian statement.” Rebbi Joḥanan and the rabbis there. One said, for a need, for a need of itself; not for a need, not for a need of itself. Rebbi Nehemiah says, they may be taken only for a need of itself. But the other said, for a need, for a need of itself or of its place; not for a need, not for a need of itself or of its place. Rebbi Nehemiah says, they may be taken only for a need of itself or of its place63Babli 124a.. It was stated64A similar statement (by Rabban Simeon ben Gamliel instead of R. Jehudah) is in Tosefta Yom Ṭov 1:11, but where it is only agreed that full containers can be moved for a need.: Rebbi Jehudah said, the House of Shammai and the House of Hillel did not disagree that one moves full [containers] for no need and about empty [containers] which he intended to fill. Where did they disagree? About those which he has no intention to fill, where the House of Shammai prohibit and the House of Hillel permit. Does the House of Shammai come to parallel Rebbi Nehemiah? You say, practice follows Rebbi Nehemiah, but practice does not follow the House of Shammai65If the “need” referred to by R. Nehemiah were only the use of the object itself then one would have to conclude that R. Nehemiah follows the teachings of the House of Shammai, which could not define practice in the presence of a contrary statement of the House of Hillel. It follows that R. Nehemiah accepts moving implements not only for a need of themselves but also to remove any item, which in itself could not be moved, if the place where it was standing was needed.. MISHNAH: Of all implements which may be taken on the Sabbath their breakage also may be taken as long as they are for some use: pieces from a trough to cover the top of an amphora, and of glass to cover the mouth of a phial. Rebbi Jehudah says, only if they can be used similarly to their original use: pieces from a trough to pour pap into them, and of glass to pour olive oil into them. HALAKHAH: 66This is from Chapter 8, Notes 108–110.“Glass to scrape the head of the weaver’s beam.” And here, you are saying so? Rebbi Aḥa, Rebbi Maisha, Rebbi Cohen in the name of the rabbis of Caesarea: Here if it is thick, there if it is sharp. Some want to say, here about moving, there about bringing out. MISHNAH: If the stone in a gourd-bottle8A large gourd which has been hollowed out and is used to draw water from a cistern. Since the gourd is light, it cannot be lowered into the water without ballast. If the ballast is a stone, which is not an implement and in itself would be muqṣeh on the Sabbath, it may be used only if the stone becomes part of the gourd as implement that in normal use will not fall from the gourd. does not fall out when used to fill, one may fill with it; otherwise one may not fill with it. If a piece of vine is tied to a pail9The window is a narrow cleft through which the wind blows. R. Eliezer considers the shutters as part of the house; he requires them to be part of the house at the beginning of the Sabbath. “Hanging” means that when not used as shutters they do not touch the ground. The anonymous majority considers them to be implements, not parts of the building. one may use it to draw water on the Sabbath. HALAKHAH: We have stated67As explained later, this is a quote from Mishnah 21:1. One may move a basket even though it only contains a stone which in itself could not be moved.: “and a stone contained in it.” In the House of Rebbi it was stated, “and food and a stone contained in it68They disagree and hold that a stone in a basket makes the basket like a stone. Only if the basket contains something which may be moved then the stone may be disregarded..” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan disagreed. Rebbi Ḥiyya bar Joseph as our Mishnah, Rebbi Joḥanan as stated by the House of Rebbi69This also is reported in the Babli 142a as R. Joḥanan’s opinion.. The Mishnah disagrees with Rebbi Joḥanan: “If the stone in a gourd-bottle8A large gourd which has been hollowed out and is used to draw water from a cistern. Since the gourd is light, it cannot be lowered into the water without ballast. If the ballast is a stone, which is not an implement and in itself would be muqṣeh on the Sabbath, it may be used only if the stone becomes part of the gourd as implement that in normal use will not fall from the gourd. does not fall out when used to fill, one may fill with it.70Mishnah 6. Since the gourd may be moved when it is empty except for the stone in it, why may one not move a basket with only a stone in it?” Since it is squeezed in it it is like its body71If the stone does not fall out when the gourd is tilted to be filled with water it is safely lodged in the gourd’s wall and is part of the gourd qua bottle.. The final clause disagrees with Rebbi Ḥiyya bar Joseph: “otherwise one may not fill with it.72Mishnah 17:5 seems to contradict Mishnah 21:1.” Rebbi Yudan said, since it is used as ballast, one carries the gourd on the stone. What does Rebbi Joḥanan do with this? He carries the gourd itself71If the stone does not fall out when the gourd is tilted to be filled with water it is safely lodged in the gourd’s wall and is part of the gourd qua bottle.. A Mishnah disagrees with Rebbi Joḥanan: “A person may carry his son with a stone in his hand, a basket and a stone in it,73Mishnah 21:1. It now becomes a problem, why do the rabbis of the House of Rebbi permit a baby to be carried with a stone in his hand but not a basket containing only a stone?” and in the House of Rebbi it was stated, “and food and a stone contained in it.” Rebbi Cohen in the name of the rabbis there: they treated a baby like food74Since one may move a loaf of bread with a stone placed on it, one also may move a baby with a stone in his hand.. There they are saying: they made the stone in the hand of the baby like an expert amulet in the hand of the baby75The stone is necessary to act as a pacifier; it is no different from a toy or a charm.. MISHNAH: Rebbi Eliezer says, if the window plug9The window is a narrow cleft through which the wind blows. R. Eliezer considers the shutters as part of the house; he requires them to be part of the house at the beginning of the Sabbath. “Hanging” means that when not used as shutters they do not touch the ground. The anonymous majority considers them to be implements, not parts of the building. is connected and hanging one may plug with it, otherwise one may not plug with it. But the Sages say, in any case one may plug with it.
All implement covers which have handles may be taken on the Sabbath. Rebbi Yose said, when has this been said? Covers of the ground10If produce is stored underground, it can be accessed on the Sabbath only if its cover is made for easy removal; otherwise the cover would become part of the soil and the removal would be digging. But covers of implements certainly are more usable than broken implements; if broken implements can be used then so much more whole covers.. But covers of implements in any case may be taken on the Sabbath. HALAKHAH: 76This paragraph is copied from Eruvin 10 (ז), where it is the discussion of Mishnah 10 (in the independent Mishnah mss., Mishnah 11) that a “dragged bolt”, one which has no knob at the end which would turn it into a tool, may be used in the Temple on the Sabbath but not outside, but R. Jehudah says one lying on the ground, not connected to the door, may be used in the Temple and the dragged one everywhere. It is obvious that the prohibition is rabbinic. What is a dragged bolt? Rebbi Joḥanan said, tied but not hanging. Rebbi Joḥanan said, Ḥilfai pulled me and showed me a bolt of the House of Rebbi tied but not hanging60Therefore certainly not both requirements are necessary. The same text appears again in the discussion of Mishnah 7 and in Eruvin 10 (Note 131).. Rebbi Joḥanan said, the single opinion here is parallel to the anonymous one there, and the anonymous there to the individual here77The anonymous opinion in Eruvin parallels that of R. Eliezer in Mishnah 7 here; that of the Sages here corresponds to R. Jehudah’s opinion there. Since practice is supposed to follow the anonymous opinion in the Mishnah, Rebbi in formulating the Mishnah text intentionally refrained from defining practice.. Rebbi Yose asked before Rebbi Jeremiah: how does one act in actuality? He said to him, since Rebbi Joḥanan said, Ḥilfai pulled me and showed me a bolt of the House of Rebbi tied but not hanging, this implies that one acts following Rebbi Jehudah . There came Rebbi Huna in the name of Rebbi Samuel, practice follows Rebbi Jehudah78This sentence is not in Eruvin (nor in the text quoted by Raviah §390) and here is a marginal gloss by a different hand; it should be deleted since it interrupts R. Jeremiah’s statement., except that it be tied to the door79But it may lie on the ground. This can be read into R. Jehudah’s statement in Eruvin.. Rebbi Yannai [the father-in-law of]80Added from Eruvin; the addition is necessary since the R. Yannai lived two generations before R. Immi and cannot have spoken in the latter’s name. In the Babli 102a the statement appears in the name of Babylonian authorities. Rebbi Immi said, only if it is tied to the door by something which can fasten it. Rebbi Eleazar’s bolt was tied with bast81The translation follows Liebermann, p. 202. In the parallel in the Babli, Eruvin 102a, Rashi explains following Rav Hai Gaon: “the bolt fell and stuck in the ground” (cf. Otzar ha-Gaonim, vol. 3, p. 103). It also is possible to read the word as Arabic قمز “to take something with one’s fingers”, that the bolt is removed from the door but still held in by the fingers and not deposited anywhere.. If it was detached it is forbidden; loose81The translation follows Liebermann, p. 202. In the parallel in the Babli, Eruvin 102a, Rashi explains following Rav Hai Gaon: “the bolt fell and stuck in the ground” (cf. Otzar ha-Gaonim, vol. 3, p. 103). It also is possible to read the word as Arabic قمز “to take something with one’s fingers”, that the bolt is removed from the door but still held in by the fingers and not deposited anywhere.? Rebbi Jacob bar Aḥa in the name of the rabbis, he supports82The translation follows the Eruvin text. מדדה is what a woman does when she helps her toddler to learn how to walk. The word written here מדרה has no explanation. it with his finger tips. “All implement covers,” etc.83This header does not belong to the text of the mss. but is an added gloss. If it is genuine, the statement is about Mishnah 8 and the text in Eruvin is a copy from the text here even though the preceding paragraph clearly is copied from there. If the header is added in error then the reference is to the statement in Mishnah Eruvin 9(10), where R. Yose asserts that a key-bolt is a tool and may be moved on the Sabbath, a statement compatible with that of R. Jehudah in Mishnah 10(11). Abba bar Cahana, Rav Ḥiyya bar Ashi in the name of Rav, practice follows Rebbi Yose. MISHNAH: One removes even four or five baskets of straw or of grain because of guests1If one needs the space to accommodate visitors. or because of obstruction of the House of Study2If more space is needed for all the listeners., but not the storehouse3Since produce stored in a storehouse is not destined for immediate consumption, the containers are muqṣeh.. One removes pure heave, and demay4Produce which is suspected that tithes were not taken from it, see Introduction to Tractate Demay. Since one may give demay to the poor, it is food even though its consumption is forbidden to the well-to-do and it is forbidden to separate tithes on the Sabbath (Mishnah 2:7)., and First Tithe of which its heave was taken, and Second Tithe5Second Tithe in Jerusalem is food. Outside of Jerusalem it is not food since it must be taken to the place of the Temple to be consumed in purity. But it may be redeemed and the sanctity transferred to the money which must then be spent for food in Jerusalem. Similarly, dedicated sancta are prohibited for all usufruct but except for sacrificial animals they may be redeemed and will regain profane status after redemption. While in a state of holiness they are muqṣeh on the Sabbath. or sancta which were redeemed, and dry lupines6Greek θέρμος, ὁ. because it is food of the poor; but not ṭevel7Produce from which heave and tithes was not taken and which therefore is forbidden as food., nor First Tithe whose heave was not taken, nor Second Tithe and sancta which were not redeemed, nor serpentary8Arum dracunculus L. Arukh: Arum Colocasia L., nor mustard seed. Rabban Simeon ben Gamliel permits serpentary because it is food of ravens. HALAKHAH: Rebbi Eleazar objected, did we not state “bundles of straw”? Is straw not as if dispersed50Since bundles of straw also are usable to sit on, the Mishnah should not have made using them dependent on their being animal feed. The statement of R. Zeˋira is confirmed (but the attribution to R. Eleazar, a generation before R. Zeˋira, is impossible.)? “One removes even four or five baskets,” etc. 16This text is from Chapter 8, Notes 23–27. Rebbi Zeˋira asked Rebbi Joshiah, what is the measure of baskets? He told him, let us infer the hidden from the explicit since we have stated there17Mishnah Šeqalim 3:2.: “The contributions for the Temple were removed in three baskets of three seah each.” There, we have stated: “one who brings out wine to mix a cup,” etc. Rebbi Zeˋira asked Rebbi Joshiah, what is the measure of cups? He told him, let us infer the hidden from the explicit since Rebbi Ḥiyya stated18Cf. Tosephta Pesaḥim 10:1., the Four Cups of Passover add up to an Italic quartarius of wine. May one remove from the storehouse in this kind19This refers to a problem in the interpretation of Mishnah 1. Does “but not from the storehouse” mean nothing from there or only less than four baskets? An additional question is whether there is a difference if one had started to take produce from the storehouse before the Sabbath or not. Cf. Babli 126b–127a.? Let us hear from the following: They are of one opinion that one may not touch the storehouse but one may make a path to enter and leave20Quote from a baraita similar to one mentioned in the Babli 127a involving R. Aḥa and R. Simeon. Everybody agrees that even if the baskets in the storehouse are muqṣeh one may push them aside with his foot.. There are Tannaim who state, one moves demaˋ21Demaˋ is produce containing both profane produce and heave.. There are Tannaim who state, one does not move. Rebbi Eleazar said, he who said that one moves, if the heave was pure; but he who said that one does not move22Pure heave mixed with pure produce is food. As long as the produce stays mixed, it may be eaten only by Cohanim, but this does not change the fact that it is food. But if the heave is impure it must be burned; as long as it is mixture it is fuel, not food, and as such is muqṣeh., if the heave was impure. Or about one where there was enough lift23If the amount of heave mixed with profane produce is less than 1% of the profane, it is possible to remove an amount equal to the heave that fell in and transfer the sanctity of the heave to the produce taken out; this is called “lifting” (Mishnah Terumot 5:1). In this case even if the heave was impure the produce remains food and may be moved on the Sabbath; but if the amount of impure heave was larger the situation cannot be remedied, and the produce is not food., but not about one where there was not enough lift. Who said that one moves? Rebbi Eliezer, as we have stated: “Rebbi Eliezer said, the seah which fell in is the seah which came up24Mishnah Terumot 5:2. The problem is that it is forbidden to separate heave on the Sabbath (Mishnah 2:7). For R. Eliezer the heave was separated; one simply has to take it out; there is no problem on the Sabbath. For the Sages opposing him the heave was lost in the profane produce; one has to take new heave. Since this is forbidden on the Sabbath the mixture temporarily is not food and cannot be moved on the Sabbath.. 25A slightly garbled version of this text is in Demay 7:5 (Notes79–95, ל). Rebbi 26In Demay, R. Isaac bar Eleazar. Eleazar said, a person can say on a Friday, this shall be heave tomorrow27A person may not be pure for heave on Friday but he may be pure on the Sabbath. If his impurity (or that of his vessel) was removed by immersion in a miqweh he still contaminates holy things but not profane food until the next sundown (Lev. 22:7). Hence, he must keep his food in profane state until nightfall. But at nightfall it will be Sabbath and he will not be permitted to change the status of food and separate heave and tithes. He must make a declaration on Friday to separate heave on the Sabbath automatically., but nobody can say on the Sabbath, this shall be heave tomorrow. Rebbi Yose ben Rebbi Abun said, nobody can say on a Friday, this shall be heave tomorrow. A Mishnah disagrees with Rebbi Yose ben Rebbi Abun:28Ṭevul Yom 4:4. The exact text of the Mishnah reads: “If a vessel which was immersed that day {and will be pure only after sundown} was filled from an amphora with ṭevel tithe, if he said that its contents should be heave of the tithe after nightfall, then this is heave of the tithe. If he said that it should be eruv, he did not say anything.” Tithe can be ṭevel only if the heave of the tithe was not taken; hence, ‘heave’ in our text should always mean ‘heave of the tithe” as in the Mishnah. “If a vessel29Greek λάγυνος, ὁ, “flask”, Latin lagena, lagaena, lagona, lagoena, -ae, f. “large earthen vessel with neck and handles; flask, bottle”. was immersed that day and somebody filled it from an amphora with ṭevel tithe, if he said30On Friday., its contents should be heave [of the tithe] tomorrow, i. e., after nightfall, then this is heave. If he said, that should be eruv31Either an eruv to turn a common courtyard or dead-end street into a private domain or one to move the Sabbath boundary. The eruv must be deposited on Friday afternoon and be at the right spot at sundown, so that its owner can acquire the Sabbath rest at that spot. But in our case, at sundown the wine is still ṭevel; since it cannot be eaten it is not food, and the eruv is invalid., he did not say anything.” Explain it if he transgressed32R. Yose ben R. Abun would agree that if someone incorrectly followed R. Eleazar’s prescription the declaration was valid.. But Rebbi Ḥiyya stated: “He says,33There is a baraita in which R. Ḥiyya presents the text of the declaration to be recited in the case considered by R. Eleazar. R. Ḥiyya unconditionally permits the declaration.” and you say, if he transgressed? Rebbi Yose ben Rebbi Abun retracted that. What is to be done34What is the text of R. Ḥiyya’s declaration?? “From before I shall separate it.35When I separate it (on the Sabbath), the separation shall be valid from the moment of declaration (on Friday).” Think about it, if it was pure heave, “from before I shall eat it.36If a Cohen makes the declaration, he may say so since then he does not have to separate once it was declared to be heave. If another person makes the declaration, he may say: From the moment that a Cohen eats it.” Think about it, if it was impure heave, “from before I shall deposit it in a corner.37Since impure heave must be burned, which is forbidden on the Sabbath, the only thing one can do with impure heave on the Sabbath is putting it away so that it should not be used.” It was stated: One may move38On the Sabbath. Since impure heave cannot be used, one would expect that it could not be moved. both pure and impure heave. Rebbi Zeˋira said, it means that one is permitted to move ṭevel that has a condition on it39That heave is taken retroactively on the Sabbath to make the ṭevel edible. In that case, the ṭevel is food and certainly may be moved on the Sabbath. on the Sabbath. What does he do40This refers to Mishnah Demay 7:8 or to the declaration implied by R. Eleazar, viz., that a person may say on Friday that a certain part of food shall become heave or heave of the tithe on the Sabbath without actually separating heave from profane food on Friday.? He thinks about a part of it and eats the rest41The part destined to be heave has to be kept in mind all the time while the rest is consumed.. It was stated42Babli 128a, Tosephta 14:8 (ed. Liebermann).: “One may move mustard seed because it is pigeon feed, and rue43Gaonic identification (Gaonic commentary to Kelim 3:6). because it is food for gazelles, and glass44Glass beads. because it is food for ostriches. Rebbi Nathan said, then one should be able to move shoots since elephants eat them45Since Mishnah 2 explicitly prohibits moving bundles of shoots which are not intended as feed for domestic animals, the entire argument based on the feeding habits of wild animals is unacceptable. In the Tosephta he adds a principle: One may move potential food if and only if it was intended either as food or as feed.”. “Rabban Simeon ben Gamliel permits serpentary because it is food of ravens.” Where do we hold? If he keeps a certain kind and that kind is sold on the market, everybody agrees that it is permitted. If he does not keep a certain kind46The kind of animal for which the feed is appropriate. This automatically restricts the statements made in the preceding paragraph to people owning the animals mentioned there. and that kind is not sold on the market, everybody agrees that it is prohibited. But we must hold that he keeps a certain kind and that kind is not sold on the market. The rabbis said, since that kind is not sold on the market, it is as if he did not keep it. Rabban Simeon ben Gamliel said, since he keeps that kind it is as if that kind were sold on the market. 47Discussion of Mishnah 2. Rebbi Zeˋira said, this only follows Rebbi Ḥanina, as Rebbi Ḥanina said48Quote from Chapter 4, Note 62., we were ascending with Rebbi to the Hot Springs of Gadara when he said to us, choose smooth stones for yourselves; then you are permitted to move them tomorrow. Rebbi Yose said, there is a difference here because it is like a chair49One only has to think about the stones, not actually taking them, since they are immediately usable without preparation.. MISHNAH: One moves bundles of straw, and bundles of wood, and bundles of shoots if they were prepared as animal feed; otherwise one does not move them9If they are collected as firewood they are muqṣeh.. One turns over a basket before the chicks that they may climb up and down10Even though the chicks themselves are muqṣeh.. A chicken which escaped one may push until it re-enters. One helps calves and fillies to walk in the public domain and a woman may help her son to walk. Rebbi Jehudah said, when? If he lifts one foot and puts the other one down but if he draws them11If the child does not try to walk on his own but lets himself be dragged by his mother. it is forbidden. HALAKHAH: 51This paragraph is from Chapter 3, Notes 189 ff. A Mishnah disagrees with him who said, anything which is specifically intended for something prohibited is prohibited, as we have stated: “If there is a stone on top of an amphora he tilts it on its side and it falls down.” Rebbi Abba in the name of Rav Ḥiyya bar Ashi: He52In Chapter 3: Rav explained. explained this about one who forgot. A Mishnah disagrees with him who said, anything which is specifically intended for something prohibited is prohibited, as we have stated: “one turns a basket upside down in front of the chicks that they may climb up and down.” And it was stated about this, when they climbed on it by themselves it is forbidden to move it. Rebbi Abun bar Ḥiyya said before Rebbi Zeˋira, explain it if it is disgusting. He told him, did not Rebbi Hoshaia state, even a seah, even a three-qab. Can you say that seah and three-qab are disgusting? MISHNAH: One does not use midwifery for animals on a holiday12Because this is an extraordinary exertion. but one helps13The permitted actions are described in the Halakhah.. One helps a woman in childbirth on the Sabbath, and calls a midwife for her from place to place14Even from a place outside the Sabbath boundaries since a woman in childbirth automatically is defined as being in mortal danger., and desecrates the Sabbath for her, and ties the umbilical cord; Rebbi Yose says, also one cuts it. All that is necessary for circumcision one does on the Sabbath15This sentence is the introduction to the topic of the next Chapter.. HALAKHAH: “One does not use midwifery for animals,53Mishnah 3.” etc. What is help54Tosephta 15:2 (ed. Liebermann)? “He brings wine and blows it into his nostrils, and puts his hand down and receives him, and moves her teats and puts in his mouth. Rabban Simeon ben Gamliel says, also one makes the animal love55If the mother rejects the calf; Tosephta 15:2. on a holiday. How does one do that? One puts a block of salt on her belly and she wants to nurse her son.” “And one calls a midwife for her from place to place.” As what we have stated there56Mishnah Roš Haššanah 2:5.: “Not only these but even a midwife who comes to assist at a birth.57The witnesses of the New Moon and the midwife who leave their Sabbath boundaries to testify or to help are treated like the residents of the town in which they exercise their duty.” “And desecrates the Sabbath for her.” Samuel says, one makes a bonfire for her even at the summer solstice58In his medical practice he insisted that the new mother always be kept warm. Babli 129a.. “And ties the umbilical cord.” As in the following: The slave girl of Bar Qappara expected to give birth on a Sabbath. She came and asked her master, who told her to go and ask the midwife. She said, there is no midwife. He said, go and follow your usage; she said, there is no usage. He said, go and cut it. This is like Rebbi Yose59Therefore practice has to follow R. Yose. Babli 129b.. So is the Mishnah: “Everything that is necessary for a woman in childbirth one does on the Sabbath.60In this reading the Mishnah does not anticipate the topic of the next Chapter; also the statement of Mishnah 18:3 in the original text is repeated in 19:2.” It was stated:61Tosephta 15:3, Babli 129b. In these Babylonian sources the reason is given that the baby might catch a cold if the placenta remains exposed. “Concerning the placenta on the Sabbath, the rich women hide it in oil, the poor ones hide it in straw and sand. Both hide it in the earth, to give a pledge to Earth62To ensure that Earth will have space ready for burial if the newborn should need it at the end of his life..” MISHNAH: Rebbi Eliezer says, if one did not bring the implement1The knife for the circumcision. before the Sabbath he brings it openly on the Sabbath and in times of danger2When circumcision was forbidden, as in the Hadrianic persecution after the Bar Kochba rebellion. he brings it covered by the testimony of witnesses3That he could not be accused by other Jews of violating the Sabbath.. In addition, Rebbi Eliezer said, one cuts down trees to make charcoal to make iron4R. Eliezer holds that if the circumcision has to be performed on the Sabbath, all preparations are permitted, including the making of the knife.; Rebbi Aqiba stated a principle: Any work which he might have done on Friday does not push the Sabbath aside5He disputes R. Eliezer’s assertion and holds that only what is prescribed by a verse may be done on the Sabbath but nothing else.; circumcision which is impossible to perform on Friday6Since Lev. 12:3 is prescriptive: On the eighth day, the prepuce of his flesh shall be circumcised, even if the eighth day is a Sabbath. It is sinful to circumcise on the seventh day (but doing so does not create liability for a purification sacrifice since it is not a deadly sin.) pushes the Sabbath aside. HALAKHAH: “Rebbi Eliezer says, if one did not bring the implement,” etc. Rebbi Joḥanan said, we were of the opinion to say that Rebbi Eliezer disagrees in all cases24The question is whether R. Eliezer permits to perform preparations on the Sabbath which could have been made on Friday for circumcision only or in general for any action prescribed for the Sabbath even if it involves doing work which under other circumstances would be Sabbath violations.. Since Rebbi Eliezer needed to explain “first fruits;” since “first fruits” mentioned with the ˋomer push the Sabbath aside, so also “first fruits” mentioned with the Two Breads push the Sabbath aside25The ˋomer is a measure, a tenth of an epha, about 3.5 liter, of new barley grain which is offered in the Temple to permit the consumption of grain from the new harvest. It has to be brought on the day after the Sabbath (Lev. 23:15) which in rabbinic tradition is the second day of the Feast of unleavened bread, in the Sadducee tradition of the Book of Jubilees the day following the Feast, and in Boethusian tradition on the Sunday in the Feast. The common testimony of Philo and Josephus shows that rabbinic tradition was followed in the Temple service. The ˋomer had to be brought to the Temple on a fixed date, even if this date was a Sabbath (except for Boethusians for which this never could happen.) Therefore it is clear that there is a biblical prescription to cut the barley on the Sabbath if that is the day on which the grain has to be offered.
The Two Breads are the only leavened bread ever permitted in the Temple precinct; they have to be presented to the altar (but not offered on it) on the festival of Weeks (Lev. 23:17), which falls on the 50th day after the ˋomer, on the same day of the week as the ˋomer. These Two Breads permit the use of new wheat in the Temple service. R. Eliezer concludes from an argument of “equal cut”, since both the ˋomer and the Two Breads are referred to in the verse as “first fruits” that they follow the same rules and, therefore, if the two loaves were not baked before the Sabbath they may be baked on the Sabbath.
; this implies that Rebbi Eliezer does not disagree in all cases26If it were understood that in all cases of a prescribed action on the Sabbath the preparation also can be done on the Sabbath the argument of “equal cut” would be unnecessary. Babli 131a.. Rebbi Samuel ben Rav Isaac said, Rebbi Eliezer disagrees in all cases27This sentence is missing in modern editions of the Yerushalmi., and why did Rebbi Eliezer have to explain “first fruits” “first fruits”? Only because their essence pushes aside the Sabbath but their enabling actions are work28R. Joḥanan’s argument is not convincing. For the ˋomer the action of harvesting is prescribed on the day of the sacrifice (Lev. 23:10); the grain must be roasted (Lev. 2:14) and part of it burned on the altar. This means that both the preparation and the offering involve actions that are violations of Sabbath prohibitions. But the Two Breads are simply presented to the altar; no part of them may be burned on the altar (Lev. 2:12); they have to be eaten by the priests in the Temple precinct. This means that the offering itself does not imply any Sabbath violation; there is no intrinsic reason which would allow baking the breads on the Sabbath.. They objected, did we not state, the lulav and its enabling actions push the Sabbath aside29Babli 131a,b. Lev. 23:40 requires that on the first day of Tabernacles one has to take four kinds of greenery tied to a palm branch, the lulav. Since this is required at a fixed day of the calendar, it has precedence over the rules of the Sabbath. For R. Eliezer cutting the plants may be done on the Sabbath. The statement has to be dated before the destruction of the Temple since in Rabban Joḥanan ben Zakkai’s reconstruction of rabbinic Judaism at Jabneh, in imitation of a Temple ceremony the obligation to take the “four kinds” was extended to all seven days of Tabernacles which automatically re-instituted the rules of the Sabbath as preeminent. Here the situation is completely parallel to that of the Two Breads in that taking the Four Kinds on the holiday does not involve any Sabbath desecration; but the preparation involves forms of harvesting which are forbidden on the Sabbath.? Rebbi Jonah said, to bring it from the top of the palm tree30It is possible to explain that R. Eliezer in this case permits only rabbinic prohibitions, not work by biblical standards.. But did we not state, the shofar and its enabling actions push the Sabbath aside? To bring it from outside the Sabbath boundary31This statement also refers to the time before the reforms of Rabban Joḥanan ben Zakkai which permanently extended the holiday of the New Year to two days, thereby eliminating the power of the duty to sound the shofar to override the rules of the Sabbath (including rabbinic rules). The prohibition to bring anything from outside the Sabbath boundaries (at least if the distance is less than three parasang) certainly is rabbinic,. And was it stated so: One does not scratch, and one does not scratch, and one does not break off32This text seems corrupt. S. Liebermann reads מגדד “one cuts” instead of the second מגרד. It is not clear whether the topic is preparing a ram’s horn for use as a shofar or the preparation of the Four Kinds. מפרך means breaking off outcroppings to produce smooth surface.. It was stated in the name of Rebbi Eliezer: The lulav and its enabling actions push the Sabbath aside. Rebbi Jonah said, the baraita was finished33The baraita about not scraping, not cutting, etc., is separate from the statement attributed to R. Eliezer about the lulav.. It was stated: It happened that Rebbi instructed following Rebbi Eliezer. Rebbi Joḥanan said, the company was asking, what reason did Rebbi have to disregard the words of the Sages and to act following Rebbi Eliezer34Such an act contradicts ail our rules for determining practice.? Rebbi Hoshaia said, we asked Rebbi Jehudah the circumciser and he told us, it was about a dead-end street, as we had stated that it is forbidden35Rabbinically. to move from it into the houses and from the houses into it. Rebbi Abbahu said, I explained it about a baby and a knife being in the dead-end street on the Sabbath; and it is not forbidden to move in the entire dead-end street36As explained in the next paragraph, this is a matter of different interpretations of rabbinic rules. Since R. Eliezer allows biblical rules to be broken, saying that Rebbi instructed following R. Eliezer is a misrepresentation of what he did.. 36As explained in the next paragraph, this is a matter of different interpretations of rabbinic rules. Since R. Eliezer allows biblical rules to be broken, saying that Rebbi instructed following R. Eliezer is a misrepresentation of what he did. They asked before Rebbi Yose37With ז read: Yasa (third generation), not Yose (fifth generation).: Since you say about implements which were resting anywhere in the courtyard one may move them in the entire courtyard38A courtyard, with only one exit to the street, common to several houses for which no eruv was made. The courtyard essentially is private property where one may carry. But since no eruv was made it is rabbinically forbidden to move things from the houses to the courtyard and vice-versa. In the courtyard itself one may move things since it is not public domain in any sense., similarly concerning implements which were resting anywhere in a dead-end street, may one move them in the entire dead-end street? They asked him in Šabbat39When studying the Mishnah Tractate Šabbat. and he did not answer since Rebbi Yose37With ז read: Yasa (third generation), not Yose (fifth generation). said each matter only at its place. When they came to Eruvin40When studying the Mishnah Tractate Eruvin. he told them in the name of Rebbi Joḥanan: one may move implements which were resting anywhere in a dead-end street in the entire dead-end street; similarly implements which were resting in a courtyard one may move in the entire courtyard; Rav said, one may move them only four cubits41This is the only opinion reported in the Babli, 130b.. Rebbi Yose ben Rebbi Abun said, Rav is consistent and Rebbi Johanan is consistent. Since Rebbi Joḥanan says that a beam permits without participation42A dead-end street which is bordered on three sides by the walls of houses together with the courtyards opening into it can be turned for the laws of the Sabbath into a single private domain by 1) symbolically turning the opening of the dead-end street into a thoroughfare into a door either by installing a horizontal beam (קוֹרָה) over the entrance or a vertical strip (לֶחִי) at the entrance symbolizing a doorpost; and 2) depositing a meal in some house opening to a courtyard which opens to the dead-end-street to which each house adjacent to the dead-end street contributed something. The latter is called שִׁיתּוּף “participation”.
R. Joḥanan holds that the two required actions are for two distinct reasons. Installing the beam turns the dead-end street into a private domain but without participation it is forbidden to move from the courtyards into the street or from the street into the courtyards, just as without eruv one may not move between courtyard and adjacent houses.
, it is he who says that one may move in the entire dead-end street. Since Rav said that a beam does not permit without participation42A dead-end street which is bordered on three sides by the walls of houses together with the courtyards opening into it can be turned for the laws of the Sabbath into a single private domain by 1) symbolically turning the opening of the dead-end street into a thoroughfare into a door either by installing a horizontal beam (קוֹרָה) over the entrance or a vertical strip (לֶחִי) at the entrance symbolizing a doorpost; and 2) depositing a meal in some house opening to a courtyard which opens to the dead-end-street to which each house adjacent to the dead-end street contributed something. The latter is called שִׁיתּוּף “participation”.
R. Joḥanan holds that the two required actions are for two distinct reasons. Installing the beam turns the dead-end street into a private domain but without participation it is forbidden to move from the courtyards into the street or from the street into the courtyards, just as without eruv one may not move between courtyard and adjacent houses.
, it is he who says that one may move them only within four cubits. In Rebbi Joḥanan’s opinion, why does one participate in the entire dead-end street? Rebbi Yose ben Rebbi Abun said, to make all domains one43He does not split the action into two; if both conditions are satisfied one may freely transport between houses and dead-end street, with only one the dead-end street remains public domain. Babli Eruvin 5a, 73b.. Rebbi Simon in the name of Rebbi Joshua ben Levi: For the knife for circumcision one makes walls of people45In the public domain one forms two parallel rows of people with a narrow passageway between them. The rows are treated as walls, the passageway becomes a private domain where moving the knife is permitted. The word חולה seems to be حِوَال “who puts himself between two obstacles.” and brings it. There was a case for Bar Marinus. He asked Rebbi Simon who permitted. He asked Rebbi Immi who forbade. Rebbi Simon was offended. But was it not stated, if one asked a Sage who permitted, one may ask another one who might forbid46This is not mentioned anywhere else.? Rebbi Yudan said, the case was as follows: He asked Rebbi Immi who forbade, Rebbi Simon who permitted. Rebbi Immi was offended, following what was stated, if one asked a Sage who forbade, one may not ask another one who might permit47Babli Berakhot 63b, Avodah zarah 7a.. In the days of Rebbi Jeremiah they forgot the keys to the great study hall48Where the rabbi was preaching on the Sabbath.. They came and asked him, who told them: if you see a great mass of people passing by bring it by walls of people49Since he instructed them in Aramaic, he showed that he considered them uneducated. Cf. Babli Eruvin 43b, bottom.. The strength of Rebbi Jeremiah is from the following: A wall of people made with or without the knowledge of the participants is a wall of people50Babli 101b.. Rebbi Jehudah bar Pazi instructed to bring it in shoes51Since this is not how carrying is usually done it cannot be biblically prohibited (Mishnah 10:3).. Rebbi Ḥinena bar Pappos instructed to make a wall of people and to bring it in shoes52Two ways to make sure no biblical prohibition is violated.. Rabbi Samuel ben Eudaimon had a case to circumcise his son, Rav Shishaa. They forgot to bring the knife. He asked Rebbi Mana who said, it should be deferred until tomorrow53He follows R. Aqiba in Mishnah 1 who states that anything that could have been done on Friday may not be done on the Sabbath. This is applied even to rabbinic prohibitions. [The text is quoted in this form by all Medieval authorities who refer to it except Ravan, who has R. Mana stating that the circumcision should not be deferred until Sunday. This would conform to the statement of the preceding paragraph that one is permitted to ask a second authority only if the first was permissive. S. Liebermann and most authorities declare the text of Ravan either a scribal error in the underlying ms. (now lost) or a printer’s error in the Prague edition (1610, §370).] In any case, practice is determined by this story as following R. Aqiba.. He asked Rebbi Isaac ben Eleazar who told them, you did not forget to mix spiced wine54Latin [vinum] conditum. In this version, subterfuges which might circumvent both biblical and rabbinic prohibitions are rejected as a punishment for preferring the party following the circumcision to the religious act., but to bring a knife you forgot; it should be deferred until tomorrow. Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna: Our Mishnah implies that it is forbidden to make walls of people, as we have stated: “Rebbi Eliezer says, if one did not bring the implement1The knife for the circumcision. before the Sabbath he brings it openly on the Sabbath.” For if you are saying that one may make, could he not find it possible to make and bring it55The argument is not from the statement of Rebbi Eliezer which is quoted here but from R. Aqiba’s opposition to this teaching. If R. Aqiba, whom practice follows, would agree that two walls formed by people turn the public domain into a private one he could simply have added the requirement that the open transport required by R. Eliezer should be through such walls. Since he categorically denies the possibility of bringing the knife on the Sabbath, he rejects the idea of human walls.? They asked Hillel the Elder: What to do with people who did not bring their knives with them57This is taken from Pesaḥim 6:1 treating of the Passover sacrifice if the 14th of Nisan is a Sabbath. It is presumed that Jerusalem is public domain and, therefore, carrying a knife to slaughter the Passover sacrifice in the Temple was not possible. For sacrifices all actions starting with receiving the blood from the slaughtered victim had to be performed by priests but the slaughter itself was possible by laymen and the Temple did not have enough slaughterers to serve the multitude coming on Passover eve. Since the day of the sacrifice is determined by the verse, it may not be moved even if it falls on a Sabbath.? 58From here on, the paragraph and the next are copied from Pesaḥim 6:1 (33a l. 40, פ). For the second paragraph a copy of the Pesaḥim text exists from the Cairo Genizah, edited by L. Ginzberg in Ginze Schechter 1, New York NY 1928, pp. 447–448 (ג). Cf. Babli Pesaḥim 66a. He told them, I was informed of the practice but I forgot. But let Israel act; if they are not prophets they are descendants of prophets. Then everybody whose Passover sacrifice was a lamb stuck it in its fleece, for a kid goat he bound it to its horns; it turned out that the Passover sacrifices brought their knives with them. When he saw the action he remembered the practice. He told them, this is what I heard from Shemaya and Abtalion. Rebbi Zeˋira in the name of Rebbi Eleazar. Any teaching which has no pedigree is no teaching59This is the conclusion of a lengthy story in Pesaḥim, where it is mentioned that the Elders of Bathyra, at that time the heads of the Synhedrion, did not know how to proceed if the 14th of Nisan was a Sabbath and that they were not convinced by any logical arguments presented by Hillel until he affirmed that what he said conformed to the teachings of their predecessors in the Synhedrion.. There, we have stated60Mishnah Parah 2:3.: “If he rode on it, leaned on it, hung on it, used it to cross a river, folded the bridle on it, put his toga on it, it is disqualified.61“It” is the Red Cow which never had borne a yoke (Num. 19:2.) The Mishnah continues with examples of loads which do not qualify and ends with the statement: “Anything done for its needs leaves it qualified; for extraneous purposes disqualifies.”” This learns from that and that learns from this. This learns from that that if he hung on it a knife to slaughter it62The Red Cow. it remains qualified. That learns from this, that any action which is done for sancta is not work63From the moment that an animal is dedicated as sacrifice any use of it other than sacrificing is forbidden.. Why did they not allow it to them by means of walls of people? It must follow Rebbi Immi. Even if you are saying following Rebbi Simon, just as they could not remember this so they did not remember that. Rebbi Abbin said, but it is impossible that in two Sabbatical periods there should be no 14th which falls on the Sabbath64This is difficult to verify. In the current computed calendar (whose algorithm has a built-in bias against placing the New Year’s Day on a Tuesday which puts the Feast of Unleavened Bread on a Sunday and the 14th of Nisan on a Sabbath) there are intervals of 20 years possible between two such occurrences. If the Mishnaic calendar was implemented as presented in the Babli (Arakhin 8b–10a) then R. Abbin’s statement seems justified, if no precautions were taken to avoid the Day of Atonement falling on Friday or Sunday; cf. the Appendix of the author’s Seder Olam (Northvale 1998). If R. Abbin quoted here is R. Abun as stated in Pesaḥim he would be a contemporary of R. Yose, who published the algorithm for the current calendar; then his assertion has to be questioned. (It is not certain that the calendar rules described by Abraham ben Ḥiyya, the source of the currently used algorithm, are totally identical with those promulgated by R. Yose.)! How could they not have remembered? To confer greatness on Hillel65Who following his performance in this case rose to be the head of the Synhedrion.. 66These paragraphs are from Pesaḥim6:4, on the Mishnah in which R. Aqiba states his principle as here in Mishnah 1 (33c l. 9, פ). The text of the first paragraph is Tosephta Pesaḥim 5:1; partially reproduced in Babli Pesaḥim 69a. The second paragraph, while clearly originating in Pesaḥim, is copied there in very defective form but a Genizah fragment shows that it should read exactly as formulated here. It was stated: “Rebbi Eliezer says, just as slaughter pushes the Sabbath aside67Of the Passover sacrifice if the 14th of Nisan is a Sabbath, and all sacrifices obligatory on a Sabbath. so the preparations of slaughter68In particular, bringing a knife for the required slaughter. push the Sabbath aside. Rebbi Aqiba said to him, no. If you speak about slaughter which is impossible to be done on Friday, what can you infer about preparations of slaughter than can be done on Friday? Rebbi Eliezer said to him, the public parts69Greek μηρία, τά, “thigh bones”, the parts of a sacrifice which have to be burned on the altar. This does not refer to the Passover sacrifice, of which nothing is burned on the altar, nor the regular Sabbath sacrifice which is a holocaust of which nothing is separated for the altar. It must refer to the public purification offering required on holidays, of which only parts are burned. If the holiday is on a Sabbath, all sacrifices or parts destined for the altar have to be burned either on the holiday or the following night. There is no requirement to wait until nightfall, after the end of the Sabbath, for any of these. shall prove which he could make on (Friday)70With the text in Pesaḥim read: Sunday. which nevertheless push aside the Sabbath. What is the difference between preparations of slaughter before the slaughter and preparations of slaughter after slaughter71Since it would be sinful not to burn the parts taken from the sacrifice, the burning of the parts is as necessary as the bringing of the knife.? Rebbi Aqiba said to him, about preparations of slaughter after slaughter when the slaughter already had pushed away the Sabbath, what does this imply for preparations of slaughter before slaughter when the slaughter not yet had pushed away the Sabbath? Another explanation: Maybe the sacrifice would be found disqualified, then it turned out that the Sabbath was pushed aside without a slaughter72This is the main argument why practice follows R. Aqiba..” What can you say about a baby73This now refers to the Mishnah in Šabbat where R. Aqiba forbids bringing a knife for a circumcision on the Sabbath. What could go wrong in this case?? Maybe the baby would become sick; then the Sabbath would be pushed aside without circumcision. They objected: If the altar collapsed on the Sabbath, it will not be possible to build on the Sabbath74Since there can be no sacrifice without an altar, R. Eliezer would permit to rebuild one on the Sabbath. The question is whether R. Aqiba would prohibit and why. The answer is that while this altar could not have been rebuilt the day before since it was still standing, he will prohibit since building is a common weekday practice.! A kind of altar can be built the day before. Think of it, if it developed a wart75A wart on a sacrificial animal disables it (Lev. 22:22). A Passover sacrifice which develops a wart in the night from the 13th to the 14th of Nisan cannot be brought if the latter day is a Sabbath even though the wart was nonexistent the day before, for the same reason, that in general warts are cut on weekdays.? It cannot be cut on the Sabbath! Warts can be cut on the day before. Think of it, if the fourteenth falls on a Sabbath, there cannot be sprinkling on the Sabbath76A person who was impure by the impurity of the dead, who needs to be sprinkled with water containing ashes of the Red Cow on the 3rd and 7th days of his impurity, according to R. Aqiba cannot eat from the Passover sacrifice if the 7th day happens to be the 14th of Nisan which is a Sabbath, even though the prohibition of sprinkling on the Sabbath is rabbinic only.! Sprinkling is done on the day before. MISHNAH: One does everything necessary for circumcision; one circumcises, and uncovers7One has to cut the membrane under the prepuce to expose the penis’s corona., and drains8One drains the blood from the wound by sucking it out., and puts a bandage9Greek σπληνίον, τό “pad, compress of linen laid on wound,”; Latin splenium, -ii, n.“plaster, patch”. and cumin10The knife for the circumcision. on it. If he did not grind on Friday he chews with his teeth and puts it on. If he did not mix wine and oil11To be put on the wound as disinfectants., he gives each one separately. One does not make a new dressing for it but binds a rag around it. If he did not prepare this on Friday he winds it around his finger and brings it even from another courtyard12Since this is also done by people who injured their finger it is clothing and R. Aqiba will agree that this kind of carrying through the public domain is permitted.. HALAKHAH: 77This and the following paragraph also are in Yebamot 8:1 (Notes 67–84,א). Here they appear as discussions of Mishnah 2.Circumcising he shall circumcise78Gen. 17:13.. A decision for two circumcisions, one for the circumcision, the other for uncovering7One has to cut the membrane under the prepuce to expose the penis’s corona.. One for circumcision, the other for the fibers79Cf. Mishnah 6.. So far following Rebbi Aqiba who said, these are expressions of additions80This interpretation of double expressions is also attributed to R. Aqiba in the Babli, Ševuot 27b. Cf. Sotah 7:5 (21d l. 66), 8:1 (22b l. 34), Nedarim 1:1 (36c l. 35).. From where for Rebbi Ismael who said, these are double expressions in the style of the Torah, going I went, desiring you desired81Gen. 31:30, a speech of Laban without legal implications; this proves that the repetitions are literary devices to express emphasis. Babli Avodah zarah 27a., stealing (you were) stolen82Gen. 40:15, Josef’s speech to the cup bearer. Incorrectly copied here by the corrector.? Rebbi Judah ben Pazi said, then she said, a blood bridegroom for circumcisions83Ex. 4:26., from there that there are two circumcisions, one for the circumcision, the other for uncovering; one for circumcision, the other for the fibers. Rav said, circumcising he shall circumcise, from here that one has to draw a drop of covenant blood from one born circumcised84Babli Yebamot 71a.. Circumcising he shall circumcise, from here that an uncircumcised Jew cannot circumcise; not to speak of an uncircumcised Gentile85Gen. rabba 46(8).. Rebbi Levi said, it is written: But you have to keep My Covenant86Gen. 17:9., you and yours87Gen. rabba 46(8); Babli Avodah zarah27a.. It was stated88Babli Avodah zarah 27a, Tosephta Avodah zarah 3:13.: “A Jew may circumcise a Samaritan but a Samaritan may not circumcise a Jew since he circumcises in the name of Mount Gerizim, the words of Rebbi Jehudah. Rebbi Yose said to him, where do we find that circumcision needs intent? Let him continue to circumcise in the name of Mount Gerizim until he dies!” “The drawn89People originally circumcised who manipulated their penises (or had plastic surgery) to appear uncircumcised. They might have been forcibly circumcised in the general conscription ordered by Bar Kokhba. should not circumcise lest he get into danger, the words of Rebbi Jehudah. Rebbi Yose said to him, many drawn ones were in the days of Ben Koziba90Bar Kokhba., they all circumcised, lived, and begat sons and daughters. One has to draw a drop of covenant blood from the drawn, the one born circumcised, and the circumcised convert. Rebbi Simeon ben Eleazar stated: The House of Shammai and the House of Hillel did not disagree that one has to draw a drop of covenant blood from the one born circumcised; because that is a compressed prepuce; what did they disagree about? About the convert who converted when already circumcised, for the House of Shammai said one has to draw a drop of covenant blood from him, but the House of Hillel say, one does not have to draw a drop of covenant blood from him.” Rebbi Issac bar Naḥman said in the name of Rebbi Hoshaia91Sifra Tazriaˋ Pereq 1(7); also Tosephta Šabbat 15:9; Babli Šabbat 135a; Gen. rabba 46(9).: Practice follows the words of the student92R. Simeon ben Eleazar, a student of R. Jehudah who is quoted in a baraita in the Babli as stating that the Houses of Shammai and Hillel disagree about the child born without prepuce.. There came a case before Rav, who said: Since we have stated that it is a compressed prepuce93Also in the Babli, Šabbat 135a, he is quoted as deciding practice following R. Jehudah., it is implied that he certainly is uncircumcised and one pushes the Sabbath away for him96Babli Šabbat 135a. There, R. Ada bar Ahava accused himself of being punished for not following the ruling of his teacher Rav.. Rebbi Abbahu said, one does not push the Sabbath away for him but one has to draw a drop of covenant blood from him95This is the uncontested anonymous decision of the Babli.. A son was born to Rav Ada bar Ahava in that condition96Babli Šabbat 135a. There, R. Ada bar Ahava accused himself of being punished for not following the ruling of his teacher Rav.. He squeezed it, he died. Rebbi Abin said, testicles became injured and he fasted for him; he died. The rabbis of Caesarea said, his penis was damaged and he fasted for him; he died. Rebbi Joḥanan bar Marius asked, if it was mixed at the bottom, may one again stir on top97This refers to the statement in Mishnah 2 that if one did not prepare a mixture of wine and oil on Friday one has to apply wine and oil separately on the Sabbath. He asks what happens if one prepared a mixture on Friday but the components separated during the night and now appear separated while at the bottom of the vessel some mixture is still there. No answer is given.? MISHNAH: One bathes the baby before and after the circumcision by sprinkling on him with one’s hand but not with a vessel13While it is permitted to wash the baby’s entire body (which is not permitted for adults), it should be done differently than on weekdays. This is a purely rabbinic rule.. Rebbi Eleazar ben Azariah says, one bathes the baby on the third day which falls on the Sabbath as it is said, it was on the third day when they were hurting14Gen. 34:25. This presumes that neonatal physiology is the same as the adult one.. One does not desecrate the Sabbath for a case of doubt15When it is not clear which day is the 8th, as explained in the next Mishnah. or for a hermaphrodite16Greek ἀνδρόγυνος, ὁ “man-woman”.; Rebbi Jehudah permits for the hermaphrodite17Since having a penis makes him a male, irrespective of other sex characteristics.. HALAKHAH: 98This and the next paragraph are from Chapter 9, Notes 109 ff. We have stated: “One washes the baby.” It was stated in the House of Rebbi: “One washes the circumcision.” Rebbi Abbahu in the name of Rebbi Joḥanan: Practice follows him who says, “one washes the baby”. Rebbi Yose said, you are forced to say, one washes the baby. Samuel stated, one never withholds either oil or warm water from a wound on the Sabbath. Rebbi Yose said, my teacher Rebbi Zeˋira always was coming to say to me, state in your Mishnah, not only this but one sprinkles warm water on a wound on the Sabbath. If you are saying, “one washes the circumcision”, what is the difference between an adult and a baby? Rebbi Abbahu in the name of Rebbi Eleazar. Practice follows Rebbi Eleazar ben Azariah. Rebbi Abun in the name of Rebbi Abbahu, the reason of Rebbi Eleazar ben Azariah: it was on the third day when they hurt11To be put on the wound as disinfectants.. It does not say, “when it hurt”, but when they hurt, at a time when all their limbs hurt them. Rebbi Jacob bar Aḥa said, Rebbi Eleazar and Rebbi Joḥanan ordered for the women having newborns, that all treatments which you give to a sick person on the Sabbath should be given if the third day falls on a Sabbath. Samuel said, because of the danger. Rebbi Yose asked, if it is because of the danger one heats hot water for him! Rebbi Yose ben Rebbi Abun in the name of the rabbis there: One heats hot water for him. And it was stated thus: A person heats a linen cloth and puts it on his belly on the Sabbath. A person may not take a bottle full of hot water and put it on his belly on the Sabbath. Rebbi Joshua ben Levi said, on the contrary it is permitted. “One does not desecrate the Sabbath for a case of doubt15When it is not clear which day is the 8th, as explained in the next Mishnah. or for a hermaphrodite16Greek ἀνδρόγυνος, ὁ “man-woman”.; Rebbi Jehudah permits for the hermaphrodite17Since having a penis makes him a male, irrespective of other sex characteristics..” There, we have stated99Mishnah Ḥagigah 1:1.: “Everybody is liable to be seen100This refers to the duty of pilgrimage, Ex. 23:17: Three times a year all your male population should be seen before the Lord, the Eternal. except the deaf-and-dumb, the insane, the minor101The first three categories are exempt from all religious duties., the sexless102He has neither male nor female characteristics., and the hermaphrodite.” 103This paragraph also appears in Ḥagigah 1:1 (76a l. 31, צ) in addition to Yebamot 8:1. It is difficult to establish which text is the original since both “there” and “here” are used to point to Mishnah Ḥagigah. What does Rebbi Jehudah say in this case? Let us hear from the following: Rebbi Joḥanan ben Dahavai said in the name of Rebbi Jehudah, neither does the blind one104Tosephta Ḥagigah 1:1. Babli Ḥagigah2a, Sanhedrin 4b, Arakhin 2b.. Nobody says “neither” unless he agree with the preceding statement105The Babylonian texts do not support the interpretation given here.. The argument of Rebbi Jehudah seems to be inverted. There106In Ḥagigah. he says except, but here he says including. Rebbi Jehudah and the rabbis explain the same verse107Gen. 17:14: An uncircumcised male who refuses to circumcise the prepuce of his flesh .…. Rebbi Jehudah emphasizes male, the rabbis emphazise uncircumcised. Why does the verse add male108This interpretation disregards the existence of societies practicing female circumcision.? Only if he be totally male. But Rebbi Jehudah emphasizes male, why does the verse add uncircumcised? Even if he is only partially uncircumcised. But here109In Ḥagigah., all your maleness, except the hermaphrodite. MISHNAH: If one had two children to circumcise, one on Friday and one on the Sabbath. If he forgot and circumcised the one for Friday on the Sabbath he is liable18It is presumed that the child to be circumcised on the Sabbath was erroneously circumcised on Friday. Then there is no child at hand which must be circumcised on the Sabbath; what he does is an absolute Sabbath violation.. One to circumcise on Sunday and one on the Sabbath; if he forgot and circumcised the one for Sunday on the Sabbath, Rebbi Eliezer makes him liable for a purification sacrifice but Rebbi Joshua declares him not liable19Since there is a baby at hand who has to be circumcised on the Sabbath, for R. Joshua he is under the obligation to violate the Sabbath. It he takes the wrong baby it is a sin, but not a deadly sin. For R. Eliezer it is a Sabbath desecration unless he circumcise the correct baby.
The Mishnah in the Babli switches the two cases. Maimonides’s autograph Mishnah follows the Mishnah as given here.
. HALAKHAH: 110This entire piece is also found in Pesaḥim 6:7 (33d l. 63). It is not clear where the paragraph belonged originally. The text here has some lacunae, the one there has some places where the order of the sentences may be questioned. While it is clear that both are based on the same original, in their present shape they do not seem to be copies of one another. The text is unusually difficult.“If one had two children,” etc. 111The main problem discussed in the paragraph is the correct reading in Mishnah 4. The Mishnah printed in the Venice edition of the Yerushalmi and reproduced at the start of this Chapter (not from the Leiden ms.) states liability if the baby scheduled for Friday was circumcised on the Sabbath and notes a controversy if the one scheduled for Sunday was circumcised on the Sabbath. In the Babli 137a this version is attributed to R. Ḥiyya (the Elder). The Mishnah in the Babli switches the two cases. A baraita in the Babli 137a in the name of R. Meïr keeps the order of the Mishnah of the Yerushalmi but states “not liable” in the first case. In the following, different authorities seem to accept different readings. The interpretation given here in general follows S. Liebermann. Rebbi Joḥanan said, it is Rebbi Meïr’s who said, for something where there is a commandment performed one is not liable, but if no commandment is performed whether he is liable is disputed112It seems that R. Joḥanan reads in the Mishnah a text similar to that attributed to R. Meïr in the Babli. If he circumcises the baby scheduled for Sabbath on Friday he violates a positive commandment, viz., to circumcise on the eighth day, but no liability for a sacrifice is created. If then he circumcises the one scheduled for Friday on the Sabbath, he violates the Sabbath but in the act satisfies a commandment; according to R. Meïr this frees him from liability.. Rebbi Simeon says, where there is a commandment performed one is liable, but if no commandment is performed whether he is not liable is disputed113R. Simeon reads the Mishnah as given at the start of this Chapter. The fact that the baby scheduled for Friday had to be circumcised and the circumcision on the Sabbath accomplished this does not free from liability for the desecration of the Sabbath.
Since the text in Pesaḥim confirms the text here there is no possibility to emend “liable” into “not liable” as proposed by the classical commentaries.
. Rebbi Yose in the name of Rebbi Joḥanan: The word of Rebbi Meïr is, on condition that it be a sheep without blemish, a yearling, and a well-being sacrifice fit to be changed into a Passover sacrifice114This refers to Mishnah Pesaḥim 6:9 (6:5 in most independent Mishnah mss.) where in a discussion of liability if a Passover sacrifice was slaughtered incorrectly on a Sabbath which was a 14th of Nisan, R. Eliezer notes that obligatory sacrifices must be slaughtered on the Sabbath but that a person slaughtering a private sacrifice in the name of a public one on the Sabbath is liable but R. Meïr declares him not liable. R. Joshua rejects a comparison of public and private sacrifices since public sacrifices are prescribed in number but the number of private ones is unlimited.
R. Joḥanan notes that R. Meïr exempts from liability only if the error was excusable. A Passover sacrifice must be without blemish, male, and a yearling (Ex.12:5). A blemished animal cannot be a sacrifice at all; slaughtering a blemished animal as a sacrifice is an inexcusable error. A well-being sacrifice may be male or female and of almost any age (more than 8 days old). Such an animal can be a candidate for Passover sacrifice only if it is a male yearling. If the three conditions are satisfied an illegal switching between the categories is excusable.
. One understands from this three consequences. One understands something which is not a fixed number115This excludes sacrificing privately in the name of public sacrifices.. And which is not usually exchanged116This seems to contradict the prior statement that only well-being sacrifices are exempt from liability if they are fit to be Passover sacrifices. Therefore the commentaries emend the statement to read: And which usually is exchanged. Since the statement is not discussed further in the Halakhah, there is no certainty achievable but since the text is identical in both sources one would have to assume a corruption in the original common source. There is no difficulty explaining the text as it stands. If it were something that routinely can be changed, such as excess Passover animals reclassified as animals for well-being sacrifices, and if the slaughter were legitimate for the new denomination, there would be universal agreement that everything is legitimate and there is merit, never liability. The question of liability can arise only if such a reclassification is unusual and has not been effected.. And doing something which fulfills a commandment117As offering the Passover in the case of sacrifices and circumcising in the case of Mishnah Šabbat.. What means “something which is not a fixed number”? Rebbi Jeremiah wanted to say that the Torah did not specify how many Passover sacrifices should push the Sabbath aside in any given year. Rebbi Yose wanted to say, where you cannot determine the amount. When Rebbi Yose came to these 118The text in brackets is added from Pesaḥim; it is essential for the understanding of the argument:
ר׳ יוסי כד הוי מטי לאילין [תינוקות ספיקות היה
אמ׳. יפה לימדנו ר׳ ירמיה. אית לך מימר. שאין את
יכול לעמוד על מיניינן. אלא שלא] ניתנה …
[“children in doubt”119Mishnah Šabbat 19:4. he used to say, Rebbi Jeremiah tought us correctly. Could you say that you cannot determine the amount120After the fact one always can count how many sacrifices were offered in the Temple.? But the Torah did not] specify121There is not an a priori limit on the numbers. how many Passover sacrifices should push the Sabbath aside in any given year. Rav Ḥisda said, one may explain the words of Rebbi Simeon if a group was there which did not slaughter122Since in Šabbat the disagreement between R. Eliezer and R. Joshua is whether there still is a baby to be circumcised, so in parallel their disagreement in Pesaḥim must refer to a case where a Passover sacrifice has still to be slaughtered.. Rebbi Zeˋira said, the word of Rebbi Yannai123As given in the next sentence. implies that he forgot and circumcised the one for the Sabbath on Friday. It he circumcised him in the morning, Rebbi Zeˋira said that Rebbi Yannai was of the opinion that he is not liable124This is based on the Mishnah as given at the start of the Chapter. If he correctly circumcised the baby scheduled for the Sabbath on the morning of the Sabbath and later the same day wrongly circumcised the baby scheduled for Sunday, is he not liable because Sabbath already was being pushed aside for the first circumcision?. Rebbi Abba said, he is liable125He disagrees with R. Zeˋira and states that R. Yannai in this case holds that R. Joshua also would find him liable.. In relation to what did Rebbi Yannai say it? He comes to tell you in which cases can there be a switching of children126He only comes to explain how it could happen that the baby scheduled for Sunday would be circumcised on the Sabbath and no other baby still had to be circumcised.. In Rebbi Zeˋira’s opinion following Rebbi Yannai Rav followed Rebbi Meïr127The language is elliptic (but, as S. Liebermann has pointed out, it also appears otherwise in the Yerushalmi, cf. Eruvin 6, 23c l. 65). R. Zeˋira asserts that accepting the interpretation of the Mishnah given by R. Yannai, there exists a (not otherwise reported) decision by Rav which follows the reading of the Mishnah ascribed to Rav, which therefore decides practice.. Rebbi Mana said before Rebbi Yose, what Rav Ḥisda said follows Rebbi Simeon, and what Rebbi Zeˋira said follows Rebbi Meïr. Can one object anything between Rebbi Meïr and Rebbi Simeon128The two opinions are based on two different readings of the Mishnah; there should be no need to try to harmonize the opinions. It is not explained who tried to harmonize them.? Do we find a difference between Rebbi Meïr and Rebbi Simeon about the remainder129Both agree that there must be a baby left to be circumcised, or a sacrifice to be slaughtered, to lift liability from an untimely circumcision or slaughter.? How do you treat the babies in doubt? Like something which is a fixed amount or something which is not a fixed amount130How can one apply the arguments from the Mishnah in Pesaḥim to the case in Šabbat?? If you are treating it like something which is a fixed amount … only if there remains another baby to circumcise131The text in Pesaḥim adds:
אפי׳ אין שם תינוק אחד למול. ואין תעבדינון כדבר
שאין לו קיצבה.
“even if there is not one baby to be circumcised. But if you are treating it like something which is not a fixed amount,” and one has to read this text here also. In Pesaḥim one infers that R. Joshua agrees with R. Eliezer that in matters of public sacrifices, which are fixed in numbers, there is no excuse for additional slaughter and any error will result in liability. But in matters of private offerings (excluding purification and reparation offerings, which follow the rules of public sacrifices) where the numbers are indefinite, he denies liability for additional infractions of the rules of the Sabbath. Therefore in the case here he might agree to liability if the baby scheduled for Friday was circumcised on the Sabbath only if the case is compared to public sacrifices.
. Rebbi Yose said, the words of the rabbis make the case like something which is not a fixed amount: only if there remains another baby to circumcise. Come and see: If he anticipated his time he is not liable, if he delayed his time he is liable132The position of R. Joshua in the Mishnah does not seem reasonable (assuming R. Meïr’s argument.) By circumcising the baby scheduled for Friday on the Sabbath he fulfills a commandment (even though a day late) and is declared liable; but by circumcising the baby scheduled for Sunday on the Sabbath he does not fulfil a commandment (since its time has not yet arrived) but is declared not liable!? Rav Huna said, the Mishnah is the other way around, as it was stated133Babli 137a.: Rebbi Simeon said, Rebbi Eliezer and Rebbi Joshua did not disagree about one which was to be circumcised after the Sabbath if he circumcised him on the Sabbath that he is liable, but one who was to be circumcised before the Sabbath if he circumcised him on the Sabbath where Rebbi Eliezer makes him liable for a purification sacrifice and Rebbi Joshua declares him not liable. Rebbi Yose ben Rebbi Abun said, because of this objection it was difficult for Rebbi Yannai, only if he forgot and circumcised the one of the Sabbath on Friday134The explanation given in Note 18 is necessary; if both babies are still uncircumcised on the Sabbath R. Joshua will declare him not liable even if the one scheduled for Friday is circumcised first.. Rebbi Ada bar Ahavah said, these are the words of Rebbi Meïr and Rebbi Simeon, but the words of Rebbi Yose [are]: Even if no commandment is performed he is not liable since he erred on behalf of a commandment135For example, if on Passover he slaughtered a defective animal as sacrifice when no commandment could be fulfilled with it.. 136This paragraph is found not only in Pesaḥim (פ), but also in Yebamot 8:1 (Notes 106–107, א) and is repeated at the end of the present Halakhah. Most of the remaining parts of the Halakhah are also found there. If he finished he can return only for fibers which would invalidate the circumcision137If the circumcision is done on a Sabbath, once he is finished he can return only to correct a defect as described in Mishnah 6 but not for cosmetic adjustments. Babli 133b.. Rebbi Joḥanan said, the words of Rebbi Yose, even if he finished he may even return for fibers which do not invalidate the circumcision138This is a straight application of R. Yose’s (the Tanna) position, Note 135.. Which [statement of] Rebbi Yose? That which we stated there139Mishnah Sukkah 3:14.: “Rebbi Yose says, if the first day of Tabernacles falls on a Sabbath140R. Yose holds that since the Torah requires one to take a palm branch on the first day of Tabernacles (Lev. 23:40), even taking it out on the Sabbath cannot be punishable. The same then holds for the knife for a circumcision which must be performed on the Sabbath and the unleavened bread which must be eaten during the first night of the Feast of Unleavened Bread even if that happens to be on a Sabbath. (During the remainder of the Feast of Unleavened Bread, leavened matter is forbidden but consumption of unleavened bread is not obligatory.), if he forgot and took the lulav out into the public domain he is not liable because he took it out with permission.” Does the same hold for a knife for circumcision, the same for (circumcision) [unleavened bread]141The text in parentheses is from Šabbat, the [correct] text in brackets is from Pesaḥim and Yebamot; it is confirmed by the text here at the end of the Halakhah.? Since Rebbi Joḥanan said, the words of Rebbi Yose, even if he finished he may even return for fibers which do not invalidate the circumcision, this implies the same even for a knife for circumcision, the same for (circumcision) [unleavened bread]. MISHNAH: A baby is circumcised on the eighth day, the ninth, the tenth, the eleventh, the twelfth, no less and no more. In the normal case, on the eighth. If he was born at dusk20It is intrinsically indeterminate whether the time between shortly after sundown and nightfall belongs to the previous or the following day (cf. Berakhot1:1, Notes 23–47)., on the ninth. In the twilight Friday evening, on the tenth. If there is a holiday on Sunday, on the eleventh21If the circumcision cannot be done on the Sabbath, it cannot be done on a holiday either.; the two days of the New Year on the twelfth. A sick baby one does not circumcise until he gets well. HALAKHAH: 142Here starts discussion of Mishnah 5. It is possible that a child is circumcised on his first day. How is this possible? If she gave birth and then converted, he is circumcised on his first day. If she converted and then gave birth, he is circumcised on his eighth day143In the first case he is a convert, in the second the child of a Jewish mother. Cf. Babli 135a„ Rashi s. v.כל שאין אמו טמאה לידה.. Jacob from Kefar-Naboraia asked Rebbi Ḥaggai, then if he was born during twilight, should he not be circumcised at twilight144If the boy was born Friday night at twilight, the Mishnah states that he is circumcised on Sunday since it is not knowable whether he was born on Friday or on the Sabbath, Note 20. Why could the child not be circumcised exactly 8 times 24 hours afterwards, when it would be irrelevant which day it was?? He told him, if I and you were entering the same door, could we make it simultaneous145Since simultaneity is not realizable under normal circumstances, the identical moment cannot be reproduced, not to mention the variations in the astronomical data.? 146The parallel is in Yebamot 8:1, Notes 97–100. The original seems to be there since Samuel’s statement here is missing an essential part. Samuel said, if he runs a fever [for one hour]147Added from Yebamot. one waits with him one month148In the Babli, Yebamot 71a and Šabbat137a, he gives a minimum of 7 times 24 hours.. May one feed him with milk-substitute149Some baby food made from heave grain. There is no heave milk. from heave? May one rub him with heave oil? Let us hear from the following: “The uncircumcised and any impure persons may not eat heave; their wives and slaves may eat.” Rebbi Aḥa in the name of Rebbi Tanḥum bar Ḥiyya: The prepuce is counted only from the eighth day onward150The Babli, Yebamot 71a, asserts the opposite, that uncircumcised babies of Cohanim may not be fed heave products. The argument here is that since for the first 7 days there is no obligation to circumcise, there can be no disability connected to this fact either.. It was stated so: For the entire thirty days it is forbidden to feed him with milk-substitute from heave and forbidden to rub him with heave oil. How do you treat the night of the eighth day? Since it was stated: In the night of the eighth day it enters the corral to be tithed151A newborn animal is acceptable as sacrifice only after eight days (Lev. 22:27). If a calf can be counted for tithing already in the night of the eighth day, to be chosen as tithe sacrifice, this proves that one does not have to wait until it is daytime; Babli Zebaḥim 12a. Therefore, the baby may not be fed heave products between nightfall of the eighth day and the time of circumcision on the next morning., that means that the night of the eighth is treated like the eighth day. And it was stated so: All seven days long one is permitted to feed him with milk-substitute from heave and permitted to rub him with heave oil. MISHNAH: The following are the fibers which invalidate a circumcision: the flesh which covers most of the corona; then he could not eat heave22If it looks as if he were uncircumcised there should be a cosmetic correction.. If he was fat one corrects him because of the bad impression23Since otherwise the circumcision is incomplete.. If he circumcised but did not uncover7One has to cut the membrane under the prepuce to expose the penis’s corona. the circumcision it is as if he did not circumcise24The question is whether R. Eliezer permits to perform preparations on the Sabbath which could have been made on Friday for circumcision only or in general for any action prescribed for the Sabbath even if it involves doing work which under other circumstances would be Sabbath violations.. HALAKHAH: “The following are the fibers which invalidate a circumcision.152Mishnah 6.” Rebbi Avuna in the name of Rav Jeremiah153In Yebamot: R. Abinna in the name of Rebbi Jeremiah. The text here is correct since also in the Babli, Šabbat 137b, this is a statement of Rebbi Abinna in the name of the Babylonian Rav Jeremiah bar Abba and R. Avina lived two generations before Rebbi Jeremiah (cf. Berakhot Chapter 6, Note 148).: If it covers most of the height of the corona154Making clear that “most” in the Mishnah refers to the vertical, not the horizontal.. Rebbi Yose ben Ḥanina155In Yebamot: Yose ben Yose. This also was the version of the scribe here, “Ḥanina” is the scribe’s own correction. But it seems that the Yebamot version is correct and the late Galilean Amora R. Yose ben Yose endorses the earlier Babylonian ruling. said, if it covers most of the top of the corona. Rebbi Tebi in the name of Samuel: One checks at the time of an erection156This refers to the fat baby mentioned in the Mishnah; if only the uncovered part of his corona is visible, nothing has to be done. In the Babli 137b this is a statement of Samuel, modifying a tannaitic statement of Rabban Simeon ben Gamliel (Tosephta Shabbat 15:9, ed. Liebermann).. 158The parallel is in Yebamot 8:1 (Notes 104 ff., 9a l. 43, א).“If he circumcised but did not uncover7One has to cut the membrane under the prepuce to expose the penis’s corona. the circumcision it is as if he did not circumcise24The question is whether R. Eliezer permits to perform preparations on the Sabbath which could have been made on Friday for circumcision only or in general for any action prescribed for the Sabbath even if it involves doing work which under other circumstances would be Sabbath violations..” It was stated: He is subject to divine extirpation159The person incorrectly circumcising on the Sabbath.. Rebbi Aḥa in the name of Rebbi Abbahu: That is to say if there is no time left [in the day]157Probably the original version was the composite בּוֹ בַיּוֹם “on the same day”. The scribe originally wrote ביום and corrected to בו. to correct it. But if there is time left [in the day] to correct, he corrects without hesitation. 160This paragraph is repeated from above, Notes 136 ff. It was stated: As long as he is occupied with the circumcision, he may return both to fibers which invalidate the circumcision as also to fibers that do not invalidate the circumcision. Once he has stopped, he may return only to fibers which invalidate the circumcision. Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision. Which [statement of] Rebbi Yose? That which we had stated there: “Rebbi Yose said, if the first day of Tabernacles falls on a Sabbath and somebody forgot [that it was the Sabbath] and took the palm branch into the public domain he is not liable since he took it out with permission.” Is it the same for the knife of circumcision, for a mazzah? Since Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision, that means the same holds for the knife of circumcision, for a mazzah. MISHNAH: Rebbi Eliezer says, one hangs the yeast-sieve1Since on a holiday the preparation of food is permitted (Lev. 12:16), R. Eliezer also permits installation of the necessary implements. If the wine was stored in the amphora in which it was made, he permits to install a sieve on top of a pitcher to remove the yeast from the fluid actually to be served for the holiday meal. on a holiday and one uses one hanging on the Sabbath2Even though sifting is one of the 39 forbidden actions, R. Eliezer restricts this to solid food as described in Mishnah 7:2.. But the Sages say, one may not hang a yeast-sieve on a holiday3They do not permit installations on the holiday. Even though putting a sieve on a pitcher is not making a tent, it is close enough to be rabbinically prohibited as tent making. and may not use a hanging one on the Sabbath4Since this is classified either as selecting or sifting; both biblically prohibited. but one may use a hanging one on a holiday5Since the sifting is necessary to make the wine acceptable to everybody, it is legitimate preparation of food on the holiday.. HALAKHAH: “Rebbi Eliezer says, one hangs the yeast-sieve,” etc. It was stated28It seems that the text is corrupt and the correct version is in Tosephta 12:14 (ed. Liebermann) and Sukkah 1:8: “The Sages agree with R. Eliezer that one does not make new tents on an holiday, not to mention on a Sabbath. Where did they disagree? Whether one adds, for R. Eliezer said, one does not add on a holiday, not to mention the Sabbath, but the Sages say, one may add on a Sabbath, not to mention the holiday.”: “Rebbi Eliezer and the Sages did not disagree that one sets up new tents on the Sabbath. Where do they disagree? About extending, for Rebbi Eliezer says one adds on a holiday but one does not add on a Sabbath, but the Sages say, one does not add on a holiday, and it is not necessary to say on a Sabbath.” Do we not deal here with an addition29The question is directed to the Sages based on the version of the Tosephta: Even if we say that hanging a sieve over a wine-barrel is adding to a tent, how can the Sages forbid what they permit in the Tosephta?? Rebbi Abbin bar Cahana said, explain it about a new yeast-sieve which he turns into an implement30The Sages forbid not because of making a tent, which it is not, but because of “hitting with a hammer”.. A fortiori31If the explanation is correct, the question remains why R. Eliezer disagrees.
Here starts a new Genizah fragment edited by J. N. Epstein in Tarbiz 3 (E). It reads לא כל שכן “not so much more?” which is difficult to understand and possibly a scribal error since the expression לא כל שכן is much more frequent than כל שכן and also appears in the next sentence.
. The argument of Rebbi Eliezer seems inverted. Since there32It seems that this argument should be placed in Chapter 17 since “there” refers to the Mishnah 20:1 here, but “here” refers to Mishnah 17:7. Since it was determined at the end of the preceding paragraph that R. Eliezer refers to a new sieve, which is used for the first time on the holiday, he should be more restrictive in this case than with regard to the closure of the window which was tied there from before the holiday., where he qualifies it as an implement, you say that it is permitted, here, where he does not qualify it as an implement, not so much more? Rebbi Ḥinena said, Rebbi Eliezer parallels Rebbi Jehudah33Since R. Jehudah was the student of his father R. Ilai who had been R. Eliezer’s student, the chronologically correct statement would be that R. Jehudah formulated the teachings of R. Eliezer. Babli 137b., as it was stated in the name of Rebbi Jehudah: Also they permitted preparations for making food34Since Mishnah 20:1 speaks about preparation of food, the disagreement between R. Eliezer and the Sages has nothing to do with the rules of the Sabbath; it is about the rules of the holiday, whether the biblical permission to prepare food is to be interpreted strictly as allowing only preparation of food or also preparations of utensils used for the preparation of food.. Rebbi Aḥa in the name of Rebbi Abba: Following him who permits, only from above35This refers back to the Tosephta quoted in the preceding section. It is forbidden to erect a tent, but on a holiday it is permitted to lower the cover but not to spread it higher; cf. Babli Eruvin 101a.. As the following: In the days of Rebbi Jehudah ben Pazi there was a festive meal36Aramaic רבע corresponds to Hebrew רבץ “to lie down comfortably”; a dinner served on couches, not in a house but under a portico, which needs a shield from the sun. in the House of Study. They spread a canopy the day before over four cubits374 cubits wide over the portico.; the next day they were extending it over everything. They were of the opinion that this followed the words of Rebbi Jehudah ben Pazi. They investigated and found that it was not according to Rebbi Jehudah ben Pazi’s opinion unless it was spread over most of it38Then it is no longer considered making a tent but rather extending a cover.. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who sets up tents on the Sabbath is liable because of building39Babli 138a.. Rebbi Zeˋira said, he only is spreading and folding it on the Sabbath. Rebbi Abba bar Cohen asked before Rebbi Yose, what is the rule for a spread over a chest? He told him, since it was spread the day before he is like one who unlocks and locks on the Sabbath. 40From Chapter 7, Notes 335–342. Rebbi Zeˋira, Rav Ḥiyya bar Ashi in the name of Samuel: One who filters yeast is liable because of selecting. Rebbi Zeˋira said, it is more reasonable that it should be because of sifting. Rebbi Yose and Rebbi Jonah both said, at the start we were saying that Rebbi Zeˋira said it correctly, since as in sifting the flour is below and the farina on top, so in filtering wine the wine as at the bottom and the yeast on top; but we were not saying anything. Why? Because the category of selecting was permitted, the category of filtering was permitted. The category of selecting was permitted: “he selects normally, on his chest, or from a pot”. 41This sentence is missing in E (as noted in Chapter 7); it is also missing in the ms. text here but was added by the corrector. Also the category of filtering was permitted, “on a holiday one puts into one which was hanging”. But the category of sifting was not permitted. As Rebbi Ḥanina Beroqa said in the name of Rav Jehudah, One does not re-sift the flour but one may pass it through the back of the sieve. If you say it is because of sifting, it should be forbidden. Rebbi Yose ben Rebbi Abun said, it does not follow Rebbi Jehudah, for it was stated in the name of Rebbi Jehudah, they also permitted preparations for making food. There is a question about the following: following the rabbis, may one re-sift the flour through the back of the sieve? MISHNAH: One may add water to the yeast to clear it6If the yeast is in the sieve from before the Sabbath, no biblical prohibition is involved.; one may sift wine through sheets7Latin sudarium, -ii, n. “sweat cloth”. This is not professional work. or a Egyptian basket8A basket woven from palm leaves.. One may break an egg into the sieve of mustard seed9To give it color. The biblical prohibition of painting on the Sabbath does not apply to food., and make honey-wine10Greek οἰνόμελι. on the Sabbath. Rebbi Jehudah says, on the Sabbath in a cup, on a holiday in a pitcher11Cf. Chapter 18 Note 29., and during a holiday week12The semi-holidays in the weeks of the Feast of Unleavened Bread and Tabernacles. in an amphora. Rebbi Ṣadoq says, everything according to the number of guests13For a big party one may even prepare a full barrel on the Sabbath.. HALAKHAH: “One may add water to the yeast,” etc. Rebbi Abba in the name of Rebbi Jehudah in the name of Rav: Only he should not make it like a bosom43One should be careful not to make a hollow in order not to follow a weekday routine (Babli 139b, Rashi’s explanation).. There is a question about the following: May one turn it over that the bosom is made by itself? Rebbi Mattaniah said, one may turn it on its side on condition not to do it on the Sabbath the way he does it on a weekday. So is the Mishnah: One separates44Separating the egg white from the yolk. As the Babli explains (140a, first line), since both egg white and yolk are consumed, this separation is not separating food from chaff and therefore not a derivative of selecting, which is forbidden on the Sabbath. an egg in the sieve of mustard seed. A lump of mustard seed? Rebbi Yose in the name of Rebbi Eleazar, one squeezes by hand but not with a tool. Rebbi Jacob bar Aḥa, Rebbi Joḥanan in the name of Rebbi Yannai: One may squeeze both by hand and with a tool. Rebbi Joḥanan objected to him, do not the dogs make it so45The original text of the ms. was: Do not the dogs eat it? The Babli 140a calls raw mustard seed “donkey feed”. According to this argument one should prefer a tool on the Sabbath, so as not to act in a weekday manner.? [There came]46Added from E. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: One may squeeze both by hand and with a tool. “And one makes honey-wine on the Sabbath.” Rebbi Yasa in the name of Rebbi Joḥanan: Wine and honey and pepper47Babli 140a.. MISHNAH: One does not soak asafoetida14To use as spice or for medical reasons. in lukewarm water but one may add it to vinegar15As a spice.. One does not soak vetch16Cf. Mishnah 1:8, Note 13. This Mishnah is not a complete repetition of Mishnah 1:8 since here one also forbids short-term immersion in water to separate the vetch from the chaff, which would be a violation of the biblical prohibition of selecting the good out of a mixture of good and bad. and does not smooth it, but one may put it into a pot or into a bag17Since shaking grain in a sieve is a biblical prohibition (Mishnah 7:2); the corresponding motion is forbidden for all kinds of produce.. One does not shake straw in a sieve18Since this is biblically forbidden. and does not expose it on an elevated place to cause the chaff to fall down, but one may take it in a sieve to put it into a trough19Since there is an obligation to feed one’s animals, one may use a vessel to move the animal feed in such a way that automatically much chaff will be blown away without the action of a rabbi.. HALAKHAH: Rebbi Mana said, so is the Mishnah: But one may put it in vinegar in his presence48This refers to Mishnah 3. In no case may one soak for an extended period; even into vinegar one may put asa foetida only for immediate use.. Rav Huna said, they taught only lukewarm water; therefore it is permitted in cold water. Rebbi Joḥanan in the name of Rebbi Yannai, even in cold water it is forbidden49Babli 140a.. Rebbi Joḥanan said to him, did they not teach only lukewarm water? (But) {He said to him]50The text of E [in brackets] is preferable to the text of the Leiden ms. (in parentheses)., did we exert ourselves for nothing51As the Babli explains, the mention of lukewarm water only is R. Yose (ben Ḥalafta’s) opinion which in this case is a minority opinion, rather than practice. Rav Huna said, one is permitted to drink asa foetida water on the Sabbath. Samuel said, asa foetida in itself is healthy persons’ food52Therefore the water is not qualified as exclusively used as medicine and as not forbidden on the Sabbath.. Rav Huna said, he who eats the weight of a zuz53Half a sheqel, in talmudic times identified with the Roman denarius, approximately 3.6 g. from it is in danger and his skin is loosened. Rebbi Abba ate the weight of a zuz from it and jumped in the river54To counteract the sedative effect of the drug.. [It was stated:]55Added from E. “One does not soak vetch,” because of selecting; “and does not smooth it,” because of threshing. “One does not shake straw in a sieve and does not expose it on an elevated place to cause the chaff to fall,” because of sifting56Since these activities can be classified under some of the forbidden 39 categories of work, the prohibitions are biblical.. MISHNAH: One cleans up after an animal to be fattened20Food outside the barn., and one removes it21The remaining food, but one may not clean the barn. to the sides for one grazing, the words of Rebbi Dosa, but the Sages forbid. One may take from before one animal and put it before another one on the Sabbath22Inside one trough or inside the barn.. HALAKHAH: “One cleans up after an animal to be fattened,” etc.57Addition of the corrector in the ms.; missing in E. Because what the animal to be fattened leaves over, the grazing one eats58Explanation of Ritba (ed. M. Goldstein, Jerusalem 1990, col. 915). Since it remains animal feed it cannot become muqṣeh.. The following is in question: May one take from before one animal and give it before another animal? Is that not the Mishnah, “one may take from before one animal and put it before another on the Sabbath”? The Mishnah is about the same kind; what he asks is about another kind. It was stated, a person may take from before a donkey and put before a cow; from before an animal whose mouth is repelling to an animal whose mouth is nice59In this form the second statement contradicts the Babli 140b. Since also it contradicts the first statement, probably one should switch the terms “repelling” and “nice” (it is not impossible that this was E’s reading.) As the Babli explains, a donkey eats in a orderly manner, therefore food taken from before the donkey and put before a cow will be eaten. But cattle eat in a very disorderly way from a trough; the cow’s spittle in the grain will make it repellent to a donkey. Since remainders of cow feed are not donkey feed, one may not take food from before a cow and put it before a donkey.. MISHNAH: Straw on a bed23The bed is a wooden plank, the straw serves as a mattress. one may not move with his hands24If the straw never was used as a mattress before it is produce and cannot be used as an implement; it is muqṣeh. but he may move it with his body; if it was animal feed or there was a pillow or a sheet25Lying on it from before the Sabbath; then the straw is a mattress and may be moved as an implement. one may move it with his hand. One may open a clothes press26Used for what today would be done by ironing. in a private home but one may not close it; a washer’s one may not be touched. Rebbi Jehudah said, if it was open from before the Sabbath he removes the clothes and lets it27Since each part of the press is an implement and may be moved on the Sabbath. drop. HALAKHAH: “Straw on a bed.” Our Mishnah: if he did not sleep on it yesterday; but if he slept on it yesterday it is like its body60It is part of the bed which as an implement may be moved. Tosephta 15:5 (ed. Liebermann). One also could translate “it is like his (own) body”.. Rebbi Jacob bar Idi said, the earlier generations were asking, may he stir it by his fingertips61That it may be moved, only not in the way this is done on weekdays. No answer is given.? Rebbi Yannai said, the balding is bald, the deprived is deprived, pour cold water on the shivering63Translation of the text of E. The word in the Leiden ms. is incomprehensible., the house fell on the dweller in it64This seems to be a popular saying that one misfortune produces another. Since the Mishnah declares difficulties only for the poor person who has no pillow on his bed, the poor is compared to the balding who immediately is characterized as bald, one discriminated against in one matter who is discriminated against in everything, the person shivering in the cold on whom cold water is poured, or the dweller in a collapsing house.. Rebbi Ḥiyya stated, this is the rule for the poor man65But the rich person can make his bed at will.. But was it not stated, “the Sages agree with Rebbi Meїr about seals in the ground that one pushes aside, and removes, and unties, and cuts. On the Sabbath one pushes aside but one does not remove nor untie nor cut. For implements on the Sabbath it is permitted; it is not necessary [to mention]67Added from E. on a holiday.”68Since a clothes press is an implement it should be possible to move it on the Sabbath.. This implies that they treated the clothes press as if it were in the ground. Rebbi Yose said, the Mishnah said so, “a washer’s one may not be touched.” MISHNAH: A person may lift his son with a stone in the latter’s hand, or a basket with a stone in it1It is possible to carry muqṣeh items with other things which may be moved on the Sabbath. Chapter 3, Note 219; Chapter 17, Note 67.. One may move impure heave together with pure one or with profane food. Rebbi Jehudah says, one also may lift demaˋ by 1012Profane food mixed with less than 1% of heave becomes permitted to lay people if a replacement heave is taken from it; cf. Terumah 4:7, Orlah 2:1.. MISHNAH: An amphora covered by a stone: one tilts it and the stone falls down3Since the amphora may be moved with the stone but the stone by itself is muqṣeh,the stone cannot be lifted from the mouth of the amphora but must be removed by moving the amphora. The same argument applies to coins on a pillow.. If it was between amphoras one lifts it4One lifts the entire amphora and puts it down at a place where it can be tilted., tilts it and the stone falls down. Coins on a pillow: one shakes the pillow and they fall down. If chicken droppings were on it, one cleans it with a rag5Pouring water on textiles is forbidden as washing; therefore only rubbing off dry is possible on the Sabbath.. If it was of leather, one pours water on it6While washing leather is also forbidden as washing, simply pouring water on it without rubbing is not considered washing and is permitted. until it disappears. MISHNAH: The House of Hillel say, one removes from the table bones and shells7These belong to the garbage and as such should be muqṣeh. The House of Hillel follow R. Simeon who restricts the notion of muqṣeh to things not usable at the start of the Sabbath. (The Mishnah in the Babli switches the statement of the Houses of Hillel and Shammai, but this is immediately corrected in the Babli’s Halakhah.), but the House of Shammai say, one removes the entire table and shakes it8Latin tabula, -ae, f. Since the table (or the table top if not attached to the legs) may be moved on the Sabbath, the statement of the House of Shammai follows the rule established in Mishnah 1.. One removes from the table crumbs less than olive size, hair9The shell. of chick-peas and lentils, since it is animal feed. One cleans with a sponge10Greek σπόγγος, ὁ. if it has a leather handle; otherwise one does not clean with it11Since squeezing water out of the sponge would be biblically forbidden, one may clean the table only with a sponge that has a handle and was not wetted, when it is presumed that cleansing without squeezing is possible.. The Sages say in any case it may be taken on the Sabbath12Even if it has no handle it is an implement and can be moved on the Sabbath. and is impervious to impurity13The sponge is neither wood, nor metal, nor earthenware, nor textile, and therefore not of material susceptible to impurity.. MISHNAH: If an amphora broke, one saves from it food for three meals and tells others: come and save for yourselves1Cf. Mishnah 16:3. The object is an amphora filled with wine or olive oil.; only one may not absorb it in a sponge2In itself this is not forbidden, but it is rabinically prohibited since we are afraid that he will squeeze the sponge on the Sabbath to recoup his wine.. One does not squeeze fruits to extract their juice3This is forbidden under the category of threshing. and if it seeped out by itself it is forbidden. Rebbi Jehudah says, if they are solid food, what comes from them is permitted4If the fruit is to be eaten, the juice which seeps from it is permitted since there is no reason rabbinically to forbid since nobody will want to squeeze it. But for fruits used to make juice the seepage is rabbinically forbidden., but if they are for drinks, what comes from them is forbidden. What flows from itself from honeycombs which he crushed on Friday is forbidden, but Rebbi Eliezer permits it5He does not suspect people to crush honeycombs on the Sabbath.. MISHNAH: Everything which was in hot water6Cooked or soaked in hot water. on Friday one soaks7Soaking is for an extended period, rinsing is short term. in hot water on the Sabbath but anything which was not in hot water on Friday one rinses7Soaking is for an extended period, rinsing is short term. in hot water on the Sabbath except for old salted fish and anchovies in salt and Spanish mackerel8Greek κολίας, -ου, τό., for which rinsing is the end of preparation9Therefore this is biblically forbidden as “hitting with a hammer”.. MISHNAH: A person may break open an amphora10If the amphora is tightly closed with clay that sticks to its walls, one may open it by damaging the vessel even though the intent is for a positive action. to eat dried figs from it; only he may not intend to make it into a vessel. One does not drill a hole in the plug of an amphora, the words of Rebbi Jehudah11He insists that the only way is to remove the entire cover, not to drill a hole into it., but Rebbi Yose permits. One may not drill a hole in its12The cover’s side. side, and if it has a hole one may not close it with wax because he smears13This is forbidden under the header “rubbing clean”, cf. Chapter 7, Note 5.. Rebbi Jehudah said, a case came before Rabbon Joḥanan ben Zakkai in Arab and he said, I fear that he incurred liability for a purification sacrifice14Cf. Chapter 16, Notes 133–137.. MISHNAH: One may put food in a cistern for preservation15In all cases mentioned in this sentence, the materials to be cooled or warmed are in a separate container., and potable water into bad one to cool, and cold water into hot to warm it. One whose garments became soaked on the road walks in them without worry16The water absorbed by his garments are part of the garment, not a load.. If he comes to an outer courtyard he puts them out to dry in the sun17Even though drying by artificial means is forbidden. but not in public18That it should not look as if he washed on the Sabbath.. MISHNAH: One who bathes in the waters of a cave or in the waters of Tiberias dries himself even with ten towels19Latin linteum, -i, n., “linen” (scil. cloth”. but may not bring them in his hand20Even at a place where carrying is permitted, since one suspects that he will squeeze the water out of his towel.. But ten people dry with one towel their faces, and their hands, and their feet, and bring it in their hands21If carrying is permitted at the place, a group may bring a single towel since they are many and can check on one another.. MISHNAH: One anoints and massages the belly but one does not exercise or scratch22The latter are exertions inappropriate for the Sabbath.. One does not go to a mud-bath23Greek πήλωμα, -ατος, τό, “mud”., nor does one make an emetic24S. Liebermann (Tosefta ki-Fshutah Šabbat p. 279) notes “almost certainly this is ἐπὶ καταφυσᾶν” “to throw up”. on the Sabbath, nor does one stretch a baby, nor set a fracture. If somebody’s hand or foot became dislocated he cannot force it back with cold water but he may wash in his usual way and if this healed him, he was healed. MISHNAH: A person may ask from a neighbor wine jugs and oil jugs, only he may not say to him: lend me1Since this is a weekday occupation.; and similarly a woman loaves from her neighbor. If that one does not trust him he may leave his toga with him and settle the account after the Sabbath2Chapter 16, Note 103.. Similarly, on a Passover eve in Jerusalem which happens on a Sabbath he leaves his toga with him3The person who is in Jerusalem but failed to buy a Passover lamb before Sabbath may take one from a sheep merchant and settle the account on Monday, after the holiday on Sunday., eats his Passover sacrifice, and settles the account after the holiday. MISHNAH: A person counts his guests and his desserts orally but not from a written list4That he might not take a pencil and make modifications to the list.. A person may make a lottery with his children and his family on the table on condition that he not make portions large or small, because of gambling5If the portions are more or less equal, one may make a competition or lottery to determine who gets what; but if the portions are unequal it would become a game of chance forbidden even on weekdays.. One casts lots on sancta on the holiday6As described in Yoma Chapter 4. but not on portions7Parts from the previous day may not be given away in a competition on the Sabbath.. MISHNAH: A person may not hire workers on the Sabbath8To work for him after the Sabbath. Doing so would violate a prophetic injunction, Is. 58:13. and not say to another to hire workers for him. One does not wait for nightfall at the Sabbath boundary9To move outside immediately on the first occasion. This is a rabbinic prohibition. to hire workers and to bring produce, but one may wait for nightfall to watch10To watch over his fields outside the Sabbath boundary since it is permitted to watch over one’s property inside the Sabbath boundary on the Sabbath proper. and to bring produce in his hand11If he waited at the border for a legitimate cause he can bring some produce with him when returning.. Abba Shaul formulated a principle: For anything which I am permitted to talk about I am permitted to wait for nightfall12Anything one may ask another Jew to do for him on the Sabbath he is permitted to wait for at the Sabbath border at the end of the Sabbath.. MISHNAH: One waits for nightfall at the Sabbath border to oversee preparations for a wedding or preparations for a burial13Since organizing either a wedding or a burial are meritorious deeds, one may talk about these to others on the Sabbath and therefore, following Abba Shaul, wait at the Sabbath boundary at the end of the Sabbath., to bring a casket and shrouds. If a Gentile brought fifes on the Sabbath, a Jew should not use them for dirges unless they came from a nearby place14From within the Sabbath boundary.. If they made for him15The Gentile. a casket and dug him a grave a Jew may be buried in it; but if it was made for a Jew he never should be buried in it. MISHNAH: One does all that is needed for a corpse16On the Sabbath., one anoints, and rinses, on condition that none of his limbs be moved17Since the corpse is muqṣeh, it may not be moved but can be touched.. One takes away the pillow under him18Since the pillow is an implement, it may be moved under all circumstances. and lays him on sand so he can wait19Be cooled to deter decomposition.. One ties the jaw, not to lift it but lest it descend. Similarly, if a beam broke one supports it by a bench or the long logs of a bed-frame, not to lift it but lest it descend20To avoid its breaking.. One does not close the eyelids of a corpse on the Sabbath, nor on a weekday at the moment of death21Since this gives a signal to the dying person that he is considered dead; this may destroy his will to live and shorten his life, even if it is only for a few seconds.. Anybody who closes the eyes at the moment of death is spilling blood. MISHNAH: If somebody is caught on the road when it gets dark1Friday evening., he gives his wallet to a Non-Jew; if no Non-Jew is with him he puts it on the donkey2He may not increase his donkey’s load if a Non-Jew is available since he is responsible for the Sabbath rest of his animal.. If he comes to an outer courtyard3The first place where his property may be guarded until the end of the Sabbath. he removes the implements which may be moved on the Sabbath. For those which may not be moved he unties the rope and the sacks fall down by themselves. MISHNAH: One unties bundles of straw for animals and one separates packages but not sheaves. One does not crush green stalks or carob for animals whether small or large; Rebbi Jehudah permits carob for small animals4Since small animal cannot chew the very hard carob pods, crushing carob for small animals is parallel to opening bundles of hay or straw for cattle.. MISHNAH: One does not stuff5Making it eat more than its need to fatten it; in the case of a camel to prepare it for a trip to the desert where it will be able to survive on minimal rations. a camel, nor force-feed6Pushing the food down its throat., but puts food in its mouth7Without forcing.. One does not stuff calves but gives food into their mouths. One hand-feeds chickens and adds water to bran but does not give water to bees and pigeons of the dovecote8These are flying larger distances and easily find water by themselves., but gives to geese and chicken and for Herodes9This translation is very tentative. It is not known which kind of pigeons were kept in cages and therefore had to be fed every day. Maimonides reads רודסיות “from Rhodes” but explains “Herodes”. In the Babli one finds דורסיות, ,הרדסיות ,הדרסיות, דורסאית cf. Diqdude Soferim Šabbat p. 380 Note ד. pigeons. MISHNAH: One cuts squash for animals and a cadaver for dogs10Even if the squash had not been cut from its vine or the animal had not died before the Sabbath.. Rebbi Jehudah says, if it was not a cadaver before the Sabbath it is forbidden since it is not prepared. MISHNAH: One dissolves vows on the Sabbath11Since the power of the father to dissolve the vows of his underage daughter or the husband to dissolve the vows of his wife ends with sundown of the day on which he is informed. and one may ask about vows12Since the power of a court or of a duly ordained Sage to revoke vows is not limited in time, they may be asked only about vows which interfere with the keeping of the Sabbath. if it is a need for the Sabbath. One plugs the skylight and measures a rag13Whether it has the minimal dimensions which make it susceptible to impurity. and a miqweh14Whether it contains the required 40 seˋah of water to purify by immersion.. It happened in the days of Rebbi Ṣadoq’s father and in the days of Abba Shaul ben Botnit, that they plugged the skylight with a jar and15Of a house where a corpse was lying in order to allow Cohanim to be on the roof, the skylight had to be closed. If it was built without a shutter, it may be temporarily closed by any object which may be moved on the Sabbath. tied a dish to bast to know whether a barrel17The explanation given by the Babli (157a/b) is that there was a corpse in one house, and a window between this and an adjacent house. An open window transmits tent-impurity if it is at least (1 hand-breadth)2. The window was partially blocked and it was impossible to measure the size of the open hole directly. They tied a dish to a flimsy piece of bast (so the knot should not be permanent), lowered it in front of the hole so a well defined part of it covered the hole, and then measured that part to know whether impurity was transferred to the second house. had a hand-breadth width opening or not17The explanation given by the Babli (157a/b) is that there was a corpse in one house, and a window between this and an adjacent house. An open window transmits tent-impurity if it is at least (1 hand-breadth)2. The window was partially blocked and it was impossible to measure the size of the open hole directly. They tied a dish to a flimsy piece of bast (so the knot should not be permanent), lowered it in front of the hole so a well defined part of it covered the hole, and then measured that part to know whether impurity was transferred to the second house.. From their words we infer that one plugs, and measures, and ties on the Sabbath.
כוחלת משום צובעת, גודלת ופוקסת - משום בונה.
A woman who applies eye shadow is liable due to dyeing; one who braids her hair and applies blush is liable due to the prohibition against building. The Gemara asks about this: And is that the typical manner of building? The Gemara answers: Yes, braiding one’s hair is considered building, as Rabbi Shimon ben Menasya taught that the verse states: “And the Lord God built the side that He took from Adam into a woman” (Genesis 2:22), which teaches that the Holy One, Blessed be He, braided Eve’s hair and brought her to Adam. From where is it derived that this is the meaning of built? It is because in the islands of the sea they call braiding building. It was taught in a baraita that Rabbi Shimon ben Elazar says: With regard to a woman who braids her hair and who applies eye shadow or blush on Shabbat, if she did it for herself, she is exempt; if she did it for another, she is liable. This is because a woman cannot perform these actions for herself in as complete a fashion as she can for someone else. And, so too, Rabbi Shimon ben Elazar would say in the name of Rabbi Eliezer: A woman may not apply rouge to her face on Shabbat because by doing so she is dyeing, which is one of the prohibited labors on Shabbat. The Sages taught in a baraita: One who milks an animal, and one who sets milk to curdle, and one who makes cheese, in the measure of a dried fig-bulk, and one who sweeps the house, and one who sprinkles water on the floor, and one who removes honeycombs, if he did so unwittingly on Shabbat, he is liable to bring a sin-offering. If he did so intentionally on a Festival, he receives forty lashes; this is the statement of Rabbi Eliezer. And the Rabbis say: Both this, on Shabbat and that, on a Festival, these actions are only prohibited due to a rabbinic decree, not by Torah law. Therefore, one is neither liable to bring a sin-offering nor to receive lashes for performing those actions. The Gemara relates: Rav Naḥman bar Gurya happened to come to Neharde’a. The students asked him: For what prohibited labor is one who milks liable? He said to them: For milking. For what prohibited labor is one who sets milk to curdle liable? He said to them: For setting milk to curdle. For what is a person who makes cheese liable? He said to them: For making cheese. They said to him: Your teacher was a reed cutter in a swamp who did not know how to explain the mishna to his students. He came and asked those questions in the study hall. They said to him: One who milks is liable for performing the prohibited labor of extracting, which is a subcategory of threshing, on Shabbat. This is because when one extracts milk from a cow it is similar to the act of threshing, where one removes the desired content from its covering. One who sets milk is liable for the prohibited labor of selecting because part of the milk is separated and made into congealed milk. And one who makes cheese is liable for building because the cheese within the milk assumes a solid form, which is similar to the process of building. The baraita cited above taught: With regard to one who sweeps the house, and one who sprinkles water on the floor, and one who removes honeycombs, if he did so unwittingly on Shabbat, he is liable to bring a sin-offering. If he did so intentionally on a Festival, he receives forty lashes; this is the statement of Rabbi Eliezer. Rabbi Elazar said: What is the rationale for the statement of Rabbi Eliezer? His rationale is as it is written: “And he put forth the end of the rod that was in his hand and dipped it in the honeycomb [yarat hadevash]” (i Samuel 14:27). The Gemara wonders: What does a forest [ya’ar] have to do with honey [devash]? Rather, it comes to tell you: Just as with regard to a forest, one who picks from a tree on Shabbat is liable to bring a sin-offering, so too, with regard to a honeycomb, one who removes honey from it on Shabbat is liable to bring a sin-offering. The Gemara relates: Ameimar permitted sprinkling water in the city of Meḥoza. He said: What is the reason that the Rabbis said it is prohibited to sprinkle water? It was due to concern lest one come to smooth out holes in an unpaved floor. Here, in Meḥoza, there are no holes in the floor because all the houses have stone floors. The Gemara also relates: Rava Tosfa’a, an expert on the Tosefta, found that Ravina was suffering on Shabbat from the dusty hot air in the house. And some say that Mar Kashisha, son of Rava, found that Rav Ashi was suffering from the dusty hot air. Mar Kashisha said to Rav Ashi: And does my Master not hold in accordance with this halakha that was taught in a baraita: One who wishes to sprinkle water on the floor of his house on Shabbat, where it is otherwise prohibited, brings a large basin full of water, and washes his face in this corner, then moves the basin and washes his hands in this corner, his feet in this corner, and it will eventuate that the floor of the entire house is sprinkled by itself from the water that splashed in a backhanded manner? Rav Ashi said to him: It did not enter my mind to employ that method. One of the Sages taught: A wise woman sprinkles water on the floor of her house on Shabbat by washing different vessels in different parts of the house. And now that we hold in accordance with the opinion of Rabbi Shimon, who maintains that it is permitted to perform an unintentional act on Shabbat, it is permitted to sweep and sprinkle water on the floor of a house on Shabbat even ab initio, because one’s intention is not to smooth the holes in the floor. MISHNA: One who severs a leaf or a fruit from a plant growing in a perforated flowerpot on Shabbat is liable, as a plant in a flowerpot with holes in it has the legal status of a plant connected to the ground. Picking from it is prohibited due to reaping. And one who picks from an imperforated pot is exempt, but it is prohibited to do so ab initio. And Rabbi Shimon deems one who does so exempt in both this, the case of the perforated flowerpot, and that, the case of the imperforated flowerpot. GEMARA: Abaye raised a contradiction before Rava, and some say it was Rabbi Ḥiyya bar Rav who raised the contradiction before Rav: On the one hand, we learned in the mishna that Rabbi Shimon deems one exempt in both this case and that case. Apparently, Rabbi Shimon equates a perforated pot with an imperforated pot. And they raised a contradiction: Rabbi Shimon says: The only difference between a perforated pot and an imperforated pot
מי טל, צובע, א, ח:
ועפ"ז נראה לפרש פלוגתת הבבלי והירושלמי אם בפוקסת איכא משום חיובא דצובע והיינו דהבבלי שס"ל שפוקסת אינה חייבת משום צובע היינו טעמא... דצובע הוי רק בדבר המתקיים... משא"כ הירושלמי... הרי זה תלוי ביסוד החקירה במלאכת צובע אם חיובה משום התחדשות הגוון או משום מעשה שינוי הגוון הקודם והיינו דאם נאמר שמלאכת הצביעה יסודה עשיית דבר חדש דהיינו הגוון החדש שצבע הנה לפ"ז מובן דהיכא דהצבע החדש אינו עומד להתקיים אלא יתבטל ממילא אין כאן עשיית דבר חדש וליכא בזה משום צובע משא"כ אם נאמר דמלאכת צובע חיובה משום שינוי מציאות הקודמת דהיינו ביטול הגוון הקודם.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: לכאורה צביעה שאינה מתקיימת היא כמעשה בלי תוצאה.)
והשוחטו. שוחט משום מאי חייב? רב אמר: משום צובע, ושמואל אמר: משום נטילת נשמה. משום צובע אין, משום נטילת נשמה לא? אימא: אף משום צובע. אמר רב: מילתא דאמרי - אימא בה מילתא, דלא ליתו דרי בתראי וליחכו עלי. צובע במאי ניחא ליה - ניחא דליתווס בית השחיטה דמא, כי היכי דליחזוה אינשי וליתו ליזבנו מיניה.
As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life. The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
כתב בשבלי הלקט (סי' פו) צריך [עיון] על הכרכום אם יש לחוש עליו משום צובע ולפי דברי בעל היראים דאמר אין דרך צביעה באוכלין מותר וזה לשון [בעל] היראים (סי' רעד, קלו) ראוי לכל בר ישראל שאוכל תותים או שאר פירות הצובעים שיזהר שלא יגע בידיו צבועות בבגדיו או במפה דהוה ליה תולדת צובע ואם כן יצא דם מן המכה אסור לתת עליה בגד אבל אם צובע פתו במשקה הפירות לית לן בה דאין זה צביעה באוכלין עכ"ל.
גם אין צביעה באוכלין שאין מתקיים.
יש דיון אם יש צביעה באוכלין, והובאו כאן שתי סברות. איך אפשר לייחס סברות אלו לכיוונים דלעיל?
טווה
אור זרוע סימן סג, ו:
וההיא דירושלמי דקאמר ההן דעבד חבלין חייב משום טוה לא משמע הכי שלהי המצניע בג' דידן דקאמר גודלת ופוקסת משום בונה ולא בעי למימר משום טוה.
מי טל, טווה, א, יא–יג:
והנראה לומר בזה דזה תלוי ביסוד החקירה במהות מלאכת טווה אם חיובה משום עשיית חוט חדש דהיינו החוט שנתחדש ע"י הך טווי' הנה לפ"ז נראה שכל זה שייך רק בטווה חוט מנימי צמר... דבר חדש שמקודם היו כאן רק נימין... אכן אם נאמר בצד הב'... משום מעשה... הנה לפ"ז גם בעשיית חבל מחוטין שייך לומר האי חיובא דהרי גם בזה איכא שינוי.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
הגוזז את הצמר והמלבנו. אמר רבה בר בר חנה אמר רבי יוחנן: הטווה צמר שעל גבי בהמה בשבת - חייב שלש חטאות; אחת משום גוזז, ואחת משום מנפץ, ואחת משום טווה. רב כהנא אמר: אין דרך גזיזה בכך, ואין דרך מנפץ בכך, ואין דרך טווי בכך. ולא? והתניא משמיה דרבי נחמיה: שטוף בעזים וטוו בעזים! אלמא: טוויה על גבי בהמה שמה טוויה! חכמה יתירה שאני.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
והנה מחזיא מילתא שאין זה מוציאו מכלל מלאכה אע"פ שאין זה דרך כל אדם.
איך אפשר להסביר את דברי העיתים על פי הכיוונים דלעיל?
(רמז: "אין דרך טוויה בכך" יכול להתפרש בשתי דרכים: או שאין המעשה טוב, או שאין התוצאה טובה [שהרי אין כאן חוטים]. לכאורה לפי הצפנת פענח (לעיל בפרק "מלאכת שבת – אבות מלאכה") יש הבדל אם הצמר מחובר או לא, ולגליוני הש"ס (שם) אין הבדל מפני שאף על פי שכך נהגו במשכן, גם שם היה זה נחשב חכמה יתרה.)
מיסך
והמיסך – המותח את המסכה כלומר השתי.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
תוספות יום טוב שם:
והמיסך – כתב הר"ב, אורדי"ר בלע"ז, וכן פירש רש"י. ולהלן בסוגיא דף עה ע"ב כתב שמסדר חוטי השתי, וז"ל הרמב"ם בפירושו הוא המיסך את השתי נגזר מן המסכה הנסוכה (ישעיה כח), ע"כ. ובחבורו פרק ט מהלכות שבת כתב: מתיחת החוטין כדרך האורגים היא הנסכת המסכת, וזה המותח נקרא מיסך, ע"כ. ועל שתי בלא ערב מיירי התם.
האם מיסך היא פעולה או יצירת חפצא של מסכת?
חידושי המאירי שבת עה ע"ב ד"ה 'דרך האורגים':
דרך האורגים שמותחין החוטין תחלה על יתדות זו מכאן וזו מכאן כמדת ארך היריעה שהוא רוצה לעשותה או על הכלי העשוי לארוג בו והוא הנקרא מסכת ואח"כ שובט בשבט על החוטין שיתפרקו החוטין זה מזה ויתישרו למקומם החוטין זה בצד זה ושובט זהו תולדת מיסך והמדקדק את החוטין תמיד בשעת האריגה להפרידן בידו זה מזה הוא תולדת אורג.
שובט הרי הוא בכלל מיסך - דהיינו מיסך ממש, שמסדר חוטי השתי.
יש כאן מחלוקת אם שובט הוא אב או תולדה. איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: לכאורה בשתי המלאכות עושים אותה פעולה.)
עושה שני בתי נירין
מתני'. רבי אליעזר אומר: האורג שלשה חוטין בתחילה, ואחת על האריג - חייב. וחכמים אומרים: בין בתחילה בין בסוף - שיעורו שני חוטין. העושה שתי בתי נירין בנירין בקירוס, בנפה, בכברה ובסל חייב, והתופר שתי תפירות והקורע על מנת לתפור שתי תפירות.
גמ'. ...העושה שני בתי נירין כו'. מאי [בנירין]? אמר אביי: תרתי בבתי נירא, וחדא בנירא. בקירוס. מאי בקירוס? אמר רב: מצוביתא.
and managed to write two letters, he is liable. The Gemara asks: Didn’t we learn in the mishna that one is exempt in that case? The Gemara answers: This is not difficult: That case where we learned that he is exempt is referring to a case where the letters require crowns. This is referring to a case where they do not require crowns, and he is liable. If the letters already had their requisite ornamentation and an individual separated them, it is as if he wrote two letters. We learned in the mishna If one wrote one letter as an abbreviation [notarikon] representing an entire word, Rabbi Yehoshua ben Beteira deems him liable to bring a sin-offering, and the Rabbis deem him exempt. Rabbi Yoḥanan said in the name of Rabbi Yosei ben Zimra: From where is it derived that the language of abbreviation is employed in the Torah? As it is stated: “Neither shall your name any more be called Abram, but your name shall be Abraham; for the father of a multitude of nations [av hamon goyim] have I made you” (Genesis 17:5). The verse itself contracts av hamon into Abraham [Avraham]. The words av hamon themselves are interpreted as an abbreviation: I have made you a father [av] for the nations, I have made you chosen [baḥur] among the nations, I have made you beloved [ḥaviv] among the nations, I have made you king [melekh] for the nations, I have made you distinguished [vatik] for the nations, I have made you trusted [ne’eman] for the nations. Rabbi Yoḥanan himself said that the word anokhi that begins the Ten Commandments is an abbreviation for: I myself wrote and gave [ana nafshi ketivat yehavit]. The Rabbis said it is an abbreviation for: A pleasant statement was written and given [amira ne’ima ketiva yehiva]. Some say the word anokhi can be interpreted backwards: It was written, it was given, its statements are faithful [yehiva ketiva ne’emanim amareha]. The school of Rabbi Natan said that there is another abbreviation in the Torah. In the verse: “And the angel of the Lord said to him: Why did you hit your donkey these three times? Behold I have come out as an adversary because your way is contrary [yarat] against me” (Numbers 22:32). Yarat is an abbreviation for: The donkey feared [yare’a], it saw [ra’ata], and it turned aside [nateta]. The school of Rabbi Yishmael taught: The word karmel in the verse: “And bread, and toasted grain flour, and toasted grain [karmel]” (Leviticus 23:14) means: A full kernel [kar maleh], i.e., the seed fills the stalk. Rav Aḥa bar Ya’akov said in King David’s words: “And behold, with you is Shimi ben Gera from Benjamin, of Bahurim, who cursed me with a grievous [nimretzet] curse on the day that I went to Mahanaim” (I Kings 2:8). The word nimretzet is an abbreviation for: He is an adulterer [noef], he is a Moabite [Moavi], he is a murderer [rotze’aḥ], he is an oppressor [tzorer], he is an abomination [to’eva]. Rav Naḥman bar Yitzḥak said that there is another abbreviation in the Bible: “And Judah said: What can we say to my master, what can we speak, and how can we justify [nitztadak]” (Genesis 44:16), which stands for: We are honest [nekhonim], we are righteous [tzaddikim], we are pure [tehorim], we are innocent [dakkim], we are holy [kedoshim]. MISHNA: With regard to one who writes two letters on Shabbat in two separate lapses of awareness separated by a period of awareness that the day was Shabbat, writing one letter in the morning and one letter in the afternoon, Rabban Gamliel deems him liable to bring a sin-offering like someone who has unintentionally performed a full-fledged prohibited labor, and the Rabbis deem him exempt. GEMARA: The Gemara asks: With regard to what do they disagree? Rabban Gamliel holds: There is no awareness for half a measure. One is not liable to bring a sacrifice for half a measure; therefore, the fact that he became aware between performance of the two halves of the prohibited labor is of no significance. His awareness does not demarcate between one act of writing a letter and the second act of writing a letter with regard to liability to bring a sin-offering. And the Rabbis hold: There is awareness for half a measure. If an individual became aware of his transgression between the two parts of the prohibited labor, each individual part is independent of the other, and the two halves of the prohibited labor do not join together to create liability. MISHNA: Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin-offering if he wove three threads at the beginning of something new, or if he adds one thread to a preexisting woven fabric. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. One who makes two meshes, i.e., ties the threads of the warp, attaching them to either the nirin or the keiros, which will be explained in the Gemara, in a winnow, sieve, or basket, is liable for making meshes. And one who sews is liable if he sews two stitches. And one who tears is liable if he tears enough fabric in order to sew two stitches to repair it. GEMARA: When Rabbi Yitzḥak came from Eretz Yisrael to Babylonia, he taught that Rabbi Eliezer said: Two threads is the measure that determines liability for beginning a weave. The Gemara asks: Didn’t we learn three in the mishna? The Gemara answers: This is not difficult, because this source is referring to thick threads and that source is referring to thin threads. Some say it this way, that one is liable when weaving two thick threads, and some say it that way, that one is liable when weaving two thin threads. The Gemara elaborates: Some say it this way: One who weaves thick threads, three threads will not unravel, but two will unravel. With regard to thin threads, two will also not unravel. And some say it this way: One who weaves thin threads, three threads are conspicuous, two are not conspicuous. With regard to thick threads, two are also conspicuous. It was taught in a baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. And if one weaves a hem with a thread or color different from the original garment, he is liable for weaving two threads across a width of three meshes, i.e., three threads of the warp. Why is one liable in that case? To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes, the width of the belt. And when it is taught in the baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable, that unattributed baraita is in accordance with the opinion of Rabbi Eliezer. It was taught in another baraita: One who weaves two threads onto a large fabric or onto the border of a fabric alongside the woof on Shabbat is liable. Rabbi Eliezer says: One is liable even if he weaves one thread. And along the edge of the warp, one who weaves two threads across a width of three meshes is liable. To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes. The Gemara comments: When it was taught in the baraita: One who weaves two threads onto a large fabric or onto the border is liable, that unattributed baraita is in accordance with the opinion of the Rabbis. We learned in the mishna that one who makes two meshes, attaching them to either the nirin or the keiros, is liable. The Gemara asks: What is the meaning of to the nirin? Abaye said: One ties two to the meshes, the thread of the warp, and ties one to the crosspiece, the thread that extends from the weaving rod. We learned in the mishna that one is liable for attaching the meshes to the keiros, and the Gemara asks: What is a keiros? Rav said: It refers to the slips, the parts that go up and down on a stationary loom and are parallel to the pole. And we also learned in the mishna that one who sews on Shabbat is liable if he sews two stitches. The Gemara asks: We already learned that on the list of primary categories of prohibited labor: And one who sews two stitches is liable. The Gemara answers: Since the mishna wanted to teach in the latter clause: And one who tears in order to sew two stitches, it also taught the halakha of one who sews. And one who tears, did we not also learn this in the mishna enumerating the list of primary categories of prohibited labor? Since the mishna wanted to teach a new halakha in the latter clause, namely: One who tears in his anger or for his dead relative, therefore, it also taught the halakha of one who sews two stitches. With regard to what we learned in the mishna: And one who tears in order to sew two stitches, the Gemara asks: Where do you find that case where it is necessary to tear a garment in order to sew it?
תוספות רי"ד שבת עג ע"ב ד"ה 'העושה שני':
העושה שני בתי נירין – פי' המורה שנתן שני חוטין בתוך הבית ניר, ואינו נ"ל, שהכנסת החוטין בתוך הבית ניר הוא בכלל מסיך. גם לשון עשה שני בתי נירין אינו משמע כן, שהיה לו לומר והמכניס שני חוטים בתוך בית ניר. אלא העושה היא פירושו, שמתקן הבית ניר במקום שהוא עתיד להכניס חוטי השתי, ובין כל חוט וחוט של קושרי בתי נירין יקרא בית, ואם תיקן שני בתי נירים הוא חייב אף על פי שאינו נוגע בשתי כלל, והיא מלאכה בפני עצמה.
איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
(רמז: מי מדבר על פעולה ומי מדבר על תוצאה וחפצא?)
שנות אליהו שבת ז, ב ד"ה 'והעושה שתי':
ובפרק ר"א (דף קה) מפרש בגמ' מאי בנירין, אמר אביי ב' בבתי נירא וחדא כו'. הוא פירוש למאי צריכין הנירין, ומפרש שמרכיב החוט עליהן. אבל על עשיית בתי הנירין לא פריך, דלא פריך מאי העושה בתי נירין.
איך אפשר להסביר את דבריו על פי הכיוונים דלעיל?
(רמז: אם היה מדובר בפעולה איך עושים בתי נירים – לא הייתה תמיהה על הגמרא - מזה שהוא לא רצה לפרש שהגמ' שואלת מה זה בתי נירין)
העושה שני בתי נירין חייב, העושה נפה או כברה או סל או סבכה או שסרג מטה בחבלים הרי זה תולדת עושה נירין, ומשיעשה שני בתים כאחד מכל אלו חייב. וכן כל העושה שני בתים בדבר שעושין אותו בתים בתים כגון אלו חייב.
A person who makes two heddles is liable.59The Hebrew בתי נירין is generally translated as "houses of string." In the weaving process, it refers to the following practice: Weaving involves passing the threads of the woof over and under each of the consecutive threads of the warp. In order to facilitate this process, two frames are made, each possessing many threads with a loop (referred to as a "heddle") in the middle of these threads. The threads of the warp are passed through these loops, one from one frame, and next from the other consecutively. (See also Rav Kapach's commentary, which explains that nir in Arabic means woof. Thus בתי נירין would mean "houses for the woof" - i.e., holes through which the woof thread is passed.)
When this is completed, the weaver lifts the two frames alternately. As he raises one up, he passes the woof through. In this manner, he is able to thread the woof through the entire warp at one time. (See the Rambam's Commentary on the Mishnah, Shabbat 7:2 and Keilim 21:1.)

A person who makes a sifter, a strainer, a basket, a hairnet, or one who weaves a rope bed [performs] a derivative [of the forbidden labor] of making heddles;60All these objects are made by weaving materials other than thread. It is questionable why the Rambam considers them as derivatives of this category of forbidden labor and not the labor of weaving. when he makes two frames of any one of the above, he is liable. Similarly, a person who makes two frames of any object that is made frame by frame like the above is liable.
ילקוט פירושים על המשנה (במהדורת ע"ג פירושים), שבת יג, ב, על דברי התוספות יום טוב שם:
[ועוד ק"ל שהרמב"ם בחיבורו פ"ט לא הזכיר קירוס...] הא ל"ק כלל שהרי כתב שם וכל העושה שתי בתי נירין בדבר שעושין אותו בתים כגון אלו חייב עכ"ל... ולי קשיא טובא על התוי"ט דמפרש אליביה דרש"י דמשנתנו בנותן חוטי השתי בתוך הבית ניר חדא דא"כ הו"ל למימר... אלא ודאי דרש"י נמי מפרש לה בעושה הבתי נירין ממש וכהרמב"ם ולהכי כתב על בנפה וכברה כו' דהנך לאו נירין ממש... דכיון דעשוים בתים בתים הוי תולדת עושה בתי נירין.
איך אפשר להסביר את דעת הרמב"ם שעשיית שני נירים בנפה ובכברה הם תולדה? מה שונה, המעשה או התוצאה־חפצא?
תוספות יום טוב שם ד"ה 'בנפה':
פירש"י הנך לאו נירין ממש אלא משרשר ומרכיב חוט אחד בשתי מלמטה ואחד מלמעלה ומעמיד השתי בהן כתקונו.
האם לרש"י, לפי הבנתנו, ההבדל הוא במעשה או בתוצאה? הסבר על פי הכיוונים דלעיל.
אורג
מתני'. רבי אליעזר אומר: האורג שלשה חוטין בתחילה, ואחת על האריג - חייב. וחכמים אומרים: בין בתחילה בין בסוף - שיעורו שני חוטין. העושה שתי בתי נירין בנירין בקירוס, בנפה, בכברה ובסל חייב, והתופר שתי תפירות והקורע על מנת לתפור שתי תפירות.
גמ'. כי אתא רבי יצחק תני: שתים. והאנן תנן שלש! - לא קשיא, הא - באלימי, הא - בקטיני. אמרי לה להאי גיסא, ואמרי לה להאי גיסא. אמרי לה להאי גיסא; אלימי, תלתא - לא סתרי, תרי - סתרי. קטיני - תרי נמי לא סתרי. ואמרי לה להאי גיסא; קטיני, תלתא - ידיעי, תרי - לא ידיעי, אלימי - תרי נמי ידיעי. תניא: האורג שלשה חוטין בתחילה, ואחד על האריג - חייב, וחכמים אומרים: בין בתחילה בין בסוף שיעורן שני חוטין ובשפה - שני חוטין ברוחב שלשה בתי נירין, הא למה זה דומה - לאורג צלצול קטן. שני חוטין ברוחב שלשה בתי נירין. והאורג שלשה חוטין בתחילה ואחד על האריג חייב - סתמא כרבי אליעזר. תניא אידך: האורג שני חוטין על הגס ועל האימרא - חייב, רבי אליעזר אומר: אפילו אחד. ובשפה שני חוטין ברוחב שלשה בתי נירין - חייב, הא למה זה דומה - לאורג צלצול קטן, שני חוטין על רוחב שלשה בתי נירין. והאורג שני חוטין על הגס ועל האימרא - חייב, סתמא כרבנן.
and managed to write two letters, he is liable. The Gemara asks: Didn’t we learn in the mishna that one is exempt in that case? The Gemara answers: This is not difficult: That case where we learned that he is exempt is referring to a case where the letters require crowns. This is referring to a case where they do not require crowns, and he is liable. If the letters already had their requisite ornamentation and an individual separated them, it is as if he wrote two letters. We learned in the mishna If one wrote one letter as an abbreviation [notarikon] representing an entire word, Rabbi Yehoshua ben Beteira deems him liable to bring a sin-offering, and the Rabbis deem him exempt. Rabbi Yoḥanan said in the name of Rabbi Yosei ben Zimra: From where is it derived that the language of abbreviation is employed in the Torah? As it is stated: “Neither shall your name any more be called Abram, but your name shall be Abraham; for the father of a multitude of nations [av hamon goyim] have I made you” (Genesis 17:5). The verse itself contracts av hamon into Abraham [Avraham]. The words av hamon themselves are interpreted as an abbreviation: I have made you a father [av] for the nations, I have made you chosen [baḥur] among the nations, I have made you beloved [ḥaviv] among the nations, I have made you king [melekh] for the nations, I have made you distinguished [vatik] for the nations, I have made you trusted [ne’eman] for the nations. Rabbi Yoḥanan himself said that the word anokhi that begins the Ten Commandments is an abbreviation for: I myself wrote and gave [ana nafshi ketivat yehavit]. The Rabbis said it is an abbreviation for: A pleasant statement was written and given [amira ne’ima ketiva yehiva]. Some say the word anokhi can be interpreted backwards: It was written, it was given, its statements are faithful [yehiva ketiva ne’emanim amareha]. The school of Rabbi Natan said that there is another abbreviation in the Torah. In the verse: “And the angel of the Lord said to him: Why did you hit your donkey these three times? Behold I have come out as an adversary because your way is contrary [yarat] against me” (Numbers 22:32). Yarat is an abbreviation for: The donkey feared [yare’a], it saw [ra’ata], and it turned aside [nateta]. The school of Rabbi Yishmael taught: The word karmel in the verse: “And bread, and toasted grain flour, and toasted grain [karmel]” (Leviticus 23:14) means: A full kernel [kar maleh], i.e., the seed fills the stalk. Rav Aḥa bar Ya’akov said in King David’s words: “And behold, with you is Shimi ben Gera from Benjamin, of Bahurim, who cursed me with a grievous [nimretzet] curse on the day that I went to Mahanaim” (I Kings 2:8). The word nimretzet is an abbreviation for: He is an adulterer [noef], he is a Moabite [Moavi], he is a murderer [rotze’aḥ], he is an oppressor [tzorer], he is an abomination [to’eva]. Rav Naḥman bar Yitzḥak said that there is another abbreviation in the Bible: “And Judah said: What can we say to my master, what can we speak, and how can we justify [nitztadak]” (Genesis 44:16), which stands for: We are honest [nekhonim], we are righteous [tzaddikim], we are pure [tehorim], we are innocent [dakkim], we are holy [kedoshim]. MISHNA: With regard to one who writes two letters on Shabbat in two separate lapses of awareness separated by a period of awareness that the day was Shabbat, writing one letter in the morning and one letter in the afternoon, Rabban Gamliel deems him liable to bring a sin-offering like someone who has unintentionally performed a full-fledged prohibited labor, and the Rabbis deem him exempt. GEMARA: The Gemara asks: With regard to what do they disagree? Rabban Gamliel holds: There is no awareness for half a measure. One is not liable to bring a sacrifice for half a measure; therefore, the fact that he became aware between performance of the two halves of the prohibited labor is of no significance. His awareness does not demarcate between one act of writing a letter and the second act of writing a letter with regard to liability to bring a sin-offering. And the Rabbis hold: There is awareness for half a measure. If an individual became aware of his transgression between the two parts of the prohibited labor, each individual part is independent of the other, and the two halves of the prohibited labor do not join together to create liability. MISHNA: Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin-offering if he wove three threads at the beginning of something new, or if he adds one thread to a preexisting woven fabric. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. One who makes two meshes, i.e., ties the threads of the warp, attaching them to either the nirin or the keiros, which will be explained in the Gemara, in a winnow, sieve, or basket, is liable for making meshes. And one who sews is liable if he sews two stitches. And one who tears is liable if he tears enough fabric in order to sew two stitches to repair it. GEMARA: When Rabbi Yitzḥak came from Eretz Yisrael to Babylonia, he taught that Rabbi Eliezer said: Two threads is the measure that determines liability for beginning a weave. The Gemara asks: Didn’t we learn three in the mishna? The Gemara answers: This is not difficult, because this source is referring to thick threads and that source is referring to thin threads. Some say it this way, that one is liable when weaving two thick threads, and some say it that way, that one is liable when weaving two thin threads. The Gemara elaborates: Some say it this way: One who weaves thick threads, three threads will not unravel, but two will unravel. With regard to thin threads, two will also not unravel. And some say it this way: One who weaves thin threads, three threads are conspicuous, two are not conspicuous. With regard to thick threads, two are also conspicuous. It was taught in a baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. And if one weaves a hem with a thread or color different from the original garment, he is liable for weaving two threads across a width of three meshes, i.e., three threads of the warp. Why is one liable in that case? To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes, the width of the belt. And when it is taught in the baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable, that unattributed baraita is in accordance with the opinion of Rabbi Eliezer. It was taught in another baraita: One who weaves two threads onto a large fabric or onto the border of a fabric alongside the woof on Shabbat is liable. Rabbi Eliezer says: One is liable even if he weaves one thread. And along the edge of the warp, one who weaves two threads across a width of three meshes is liable. To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes. The Gemara comments: When it was taught in the baraita: One who weaves two threads onto a large fabric or onto the border is liable, that unattributed baraita is in accordance with the opinion of the Rabbis. We learned in the mishna that one who makes two meshes, attaching them to either the nirin or the keiros, is liable. The Gemara asks: What is the meaning of to the nirin? Abaye said: One ties two to the meshes, the thread of the warp, and ties one to the crosspiece, the thread that extends from the weaving rod. We learned in the mishna that one is liable for attaching the meshes to the keiros, and the Gemara asks: What is a keiros? Rav said: It refers to the slips, the parts that go up and down on a stationary loom and are parallel to the pole. And we also learned in the mishna that one who sews on Shabbat is liable if he sews two stitches. The Gemara asks: We already learned that on the list of primary categories of prohibited labor: And one who sews two stitches is liable. The Gemara answers: Since the mishna wanted to teach in the latter clause: And one who tears in order to sew two stitches, it also taught the halakha of one who sews. And one who tears, did we not also learn this in the mishna enumerating the list of primary categories of prohibited labor? Since the mishna wanted to teach a new halakha in the latter clause, namely: One who tears in his anger or for his dead relative, therefore, it also taught the halakha of one who sews two stitches. With regard to what we learned in the mishna: And one who tears in order to sew two stitches, the Gemara asks: Where do you find that case where it is necessary to tear a garment in order to sew it?
לפי שענין האריגה הוא צירוף חלקים נפרדים וחבורם זה לזה על ידי שלוב.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
וי"ל דבאריג שעושה דבר חדש שאינו בעולם מחייב שפיר בשני בתי נירין.
מי טל, אורג ג, ו–יד:
ויתכן לומר בזה עכ"פ מה שיש לחקור ביסוד מלאכת אורג דיש לפרש בב' אופנים הא' דיסוד מלאכת אורג הוא הענין מה שע"י האריגה מחבר חוטי הערב עם חוטי השתי... ובאופן הב' י"ל דיסוד מלאכת אורג הוא מה שע"י הכנסת חוטי הערב בין חוטי השתי נתחדש כאן חפצא ושטח דבגד ארוג שמקודם היו כאן חוטין נפרדים ועכשיו יש כאן חפצא דשטח של בגד ארוג... ולכן ס"ל לר"א דבעינן אריגה בשיעור דג' חוטין דווקא שאז ניכר כאן שטח חדש... משא"כ באורג ב' חוטין לבד אה"נ שיש כאן הענין דחיבור הני חוטי הערב לחוטי השתי...
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
חלב ונותר לפניו, ואכל אחד מהן ואינו יודע איזה מהן אכל; אשתו נדה ואחותו עמו בבית, שגג באחת מהן ואינו יודע באיזה מהן שגג; שבת ויום הכיפורים, ועשה מלאכה בין השמשות ואינו יודע באיזה מהן עשה - רבי אליעזר מחייב חטאת, ורבי יהושע פוטר. א"ר יוסי: לא נחלקו על העושה מלאכה בין השמשות שהוא פטור, שאני אומר: מקצת עשה היום ומקצת עשה למחר, על מה נחלקו? על העושה מלאכה בתוך היום ואינו יודע אם בשבת עשה אם ביוה"כ עשה, או על העושה ואינו יודע מעין איזו מלאכה עשה, שרבי אליעזר מחייב חטאת, ורבי יהושע פוטר. אמר רבי יהודה: פוטרו היה רבי יהושע אף מאשם תלוי. רבי שמעון ורבי שמעון שזורי אומרים: לא נחלקו על דבר שהוא משם אחד שהוא חייב, על מה נחלקו – על דבר שהוא משום שני שמות, שרבי אליעזר מחייב חטאת, ורבי יהושע פוטר.
The baraita continues by citing a dispute concerning Rabbi Shimon’s opinion. Rabbi Shimon exempts him from the obligation to bring an offering in this particular case. Since he became pure in between, at no point did he have definite knowledge that he was impure. For one to be liable to bring an offering for entering the Temple in a state of ritual impurity he must have knowledge of the impurity at the beginning and the end, and a lack of knowledge in the middle. Rabbi Shimon ben Yehuda deems him exempt from the obligation to bring an offering in all of those cases, and he reports this opinion in the name of Rabbi Shimon. Before explaining the contradictions between the opinions of Rabbi Yoḥanan and Reish Lakish, the Gemara asks a question about Rabbi Shimon ben Yehuda’s statement: Can it be that Rabbi Shimon holds that one is exempt even in the first case? Since he walked down both paths prior to entering the Temple, he had definite knowledge of his impure status. Rava said: What are we dealing with here? We are dealing with a case where he walked on the first path, and at the time of his walking on the second path he forgot that he had previously walked on the first path. Consequently, the knowledge that would render him liable to bring a sin offering is incomplete. And it is with regard to this point that they disagree: The first tanna holds that partial knowledge is considered like full knowledge, and Rabbi Shimon holds that partial knowledge is not considered like full knowledge. The Gemara returns to discuss the contradictions for which it cited this baraita. The Master said: If he walked on the first path and entered the Temple, and then he received the sprinkling of the ashes of the red heifer on the third and seventh days, and immersed, and subsequently walked on the second path and entered the Temple, he is liable to bring a sin offering. The Gemara asks: Why is he liable? After all, he did not have definite knowledge of his ritual impurity each time he entered the Temple. Although it is certain that after walking on the second path he had contracted ritual impurity at some point, as he had been purified in between, there was no specific point at which he had knowledge of definite impurity. Reish Lakish said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yishmael, who does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. Rabbi Yoḥanan said: You may even say that it is in accordance with the opinion of the Rabbis, who maintain that definite knowledge is necessary to render one liable to bring a sin offering, as here they rendered uncertain knowledge like full knowledge. The Gemara explains the contradiction: It enters your mind to say that Rabbi Yoḥanan meant that here they rendered uncertain knowledge like full knowledge, and the same is true for the entire Torah. Therefore, it is difficult, as there is an apparent contradiction between the statement of Rabbi Yoḥanan above and this statement of Rabbi Yoḥanan. Here, Rabbi Yoḥanan says that uncertain knowledge is considered like full knowledge, whereas earlier he stated that uncertain knowledge, unlike full knowledge, does not divide separate unwitting transgressions to render one obligated to bring multiple sin offerings. And likewise it is difficult with regard to the apparent contradiction between the statement of Reish Lakish earlier and the statement of Reish Lakish here. Reish Lakish previously stated that Rabbi Yehuda HaNasi maintains that uncertain knowledge divides unwitting transgressions to render one obligated to bring separate sin offerings, whereas here he explains that the baraita is in accordance with the opinion of Rabbi Yishmael, not Rabbi Yehuda HaNasi. The Gemara comments: Granted, the apparent contradiction between one statement of Rabbi Yoḥanan and the other statement of Rabbi Yoḥanan is not difficult. One can answer that when he said: Here they rendered uncertain knowledge like full knowledge, he meant specifically here, but with regard to the entire Torah it is not considered like full knowledge. The Gemara asks: What is the reason that this particular case is an exception? Here, with regard to ritual impurity, it is written: “Or if anyone touch any impure thing…and it was concealed from him that he is impure” (Leviticus 5:2). This indicates that even when one has knowledge that has an uncertainty to it, the verse renders him obligated to bring an offering. But with regard to the rest of the entire Torah it is written: “If his sin, which he has sinned, be known to him” (Leviticus 4:28). This teaches that it is only if he has full knowledge that he is obligated to bring an offering. But the contradiction between one statement of Reish Lakish and the other statement of Reish Lakish is difficult: Instead of interpreting the baraita in accordance with the opinion of Rabbi Yishmael, he should interpret it in accordance with the opinion of Rabbi Yehuda HaNasi. The Gemara answers: This is what Reish Lakish is teaching us by establishing the baraita in accordance with Rabbi Yishmael: That Rabbi Yishmael also does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. The Gemara objects: But that is already taught explicitly in a mishna, as we learned (Shevuot 14b) that Rabbi Yishmael says: The verse states: “It was concealed from him” (Leviticus 5:2–3), twice. One mention of the phrase serves to render one obligated to bring a sin offering for a lapse of awareness of his state of ritual impurity when he entered the Temple, and the other mention of the phrase teaches that he is obligated to bring a sin offering for a lapse of awareness during which he forgot that the building he was entering while impure was the Temple. Since this is the same verse that is the source for the requirement of knowledge at the outset, evidently Rabbi Yishmael disagrees with this opinion, as he derives a different halakha from the verse. The Gemara explains: It was necessary for Reish Lakish to state that Rabbi Yishmael does not require knowledge at the outset, as it might enter your mind to say: Although Rabbi Yishmael has no verse from which he could derive this requirement, perhaps he has a tradition with regard to the requirement of prior knowledge. By establishing that the baraita is in accordance with the opinion of Rabbi Yishmael, Reish Lakish teaches us conclusively that Rabbi Yishmael does not require knowledge at the outset. MISHNA: If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin. Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day. With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering. Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin. Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: “If his sin, wherein he has sinned” (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all. GEMARA: With regard to the first clause of the mishna and the dispute between Rabbi Eliezer and Rabbi Yehoshua, it is taught in a baraita that Rabbi Eliezer says: Whichever way you look at it he is liable to bring a sin offering. If it was forbidden fat that he ate, he is liable; and if it was notar that he ate, he is also liable. If it was with his menstruating wife that he engaged in intercourse, he is liable; and if it was with his sister that he engaged in intercourse, he is also liable. If it was on Shabbat that he performed the forbidden labor, he is liable; and if it was on Yom Kippur that he performed the labor, he is also liable. The result of any one of these scenarios is that he is liable to bring a sin offering. Rabbi Yehoshua said to him in response: The verse states: “If his sin, which he has sinned, be known to him, he shall bring for his offering a goat, a male without blemish” (Leviticus 4:23). It is derived from the phrase: “Wherein he has sinned,” that he is not liable until it becomes known to him specifically with which item he sinned. The Gemara asks: And as for Rabbi Eliezer, what does he do with this phrase: “Which he has sinned”? The Gemara answers: He requires it for the halakha that only one who is aware of his action is liable, as this phrase excludes one who acts unawares and inadvertently commits a transgression.
רבי יוסי אומר: לא נחלקו כו'. תניא, אמר להן רבי יוסי: דקדקתם אחרי. מאי אמרי ליה דאמר להו דקדקתם אחרי? הכי א"ל: הגביה בין השמשות, מהו? אמר להו: דקדקתם אחרי. ונימא להו: מקצת הגבהה היתה מהיום ומקצתה למחר! הכי נמי קאמר להו: דקדקתם אחרי ולא העליתם בידכם כלום. ולרבי יוסי, גמר מלאכה לרבי אליעזר פטור? הא שמענא ליה דמחייב! דתנן, רבי אליעזר אומר: האורג שלשה חוטין בתחלה, ואחד על האריג - חייב! אמר רב יוסף: רבי יוסי אליבא דר"א הכי מתני, רבי אליעזר אומר: האורג שלשה חוטין בתחלה, ושנים על האריג - חייב.
The Gemara asks: The halakha that one who acts unawares is exempt is stated in which case? If you say it applies to the cases of forbidden fats and those with whom intercourse is forbidden this cannot be correct, as in those cases one who acts unawares is liable to bring a sin offering. As Rav Naḥman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure. And if you say it is referring a case of one who acts unawares on Shabbat this cannot be correct either, as it is already established that one who acts unawares on Shabbat is exempt. What is the reason? The Torah prohibited only planned, constructive labor on Shabbat. Acts of labor that are not intended, or whose result is unintended, or whose consequence is destructive, are not included in this category. Therefore, it is already a known halakha that one who performs labor unawares on Shabbat is exempt. The Gemara answers: According to Rava, you find it is necessary to teach that one is exempt from bringing a sin offering for performing labor unawares on Shabbat in a case where one intended to cut a detached plant and he mistakenly cut a plant still attached. According to Abaye, who maintains he is liable in such a case, you find it necessary to teach that one who acts unawares is exempt in a case where he intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground. As it was stated: With regard to one who intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground, all agree he is exempt from bringing a sin offering. What is the reason? It is due to the fact that he did not intend to act for the sake of cutting, i.e., he merely intended to lift the plant. By contrast, if one intended to cut a detached plant and he mistakenly cut a plant that is still attached, Abaye said he is liable, due to the fact that he intended to act for the sake of cutting. Although his intention was not to perform a prohibited cutting, nevertheless he had intent to cut, and therefore he is liable for the prohibited cutting he performed in practice. Rava said: He is exempt, due to the fact that he did not intend to perform a prohibited cutting. § The mishna teaches that Rabbi Yosei says: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period; rather, they both agree that he is exempt, as I say: He performed part of the labor today and he performed part of the labor the following day. It is taught in a baraita that Rabbi Yosei said to the other Sages: You were diligent to examine my opinion, and you found a refutation of my statement. The Gemara asks: What did they say to him that led Rabbi Yosei to say to them: You were diligent to examine my opinion? The Gemara explains that this is what they said to him: What is the halakha in a case where one lifted an item at twilight between Shabbat and Yom Kippur and carried it from one domain to another? If the domains are adjacent, this act can be performed so quickly that even at twilight it does not span two days. For this reason, Rabbi Yosei said to them: You were diligent to examine my opinion. Since according to Rabbi Yosei the period of twilight is instantaneous, the Gemara objects: But let him say to them: In this case as well, part of the lifting was performed today and part of it was performed tomorrow. The Gemara explains: That is also what he is saying to them: You were diligent to examine my opinion, and yet you have not accomplished anything, as I remain steadfast in my opinion. The Gemara objects: And according to Rabbi Yosei, had the start of the labor been on Shabbat and the completion of the labor on Yom Kippur, Rabbi Eliezer and Rabbi Yehoshua would agree that he is exempt. But according to Rabbi Eliezer, would he really be exempt? Didn’t we hear that Rabbi Eliezer deems one liable for the final stage of a prohibited labor? As we learned in a mishna (Shabbat 105a) that Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin offering if he weaves three threads at the beginning of work on a new item, or if he adds one thread to a preexisting woven fabric. Although the minimum number of threads required for the prohibited labor of weaving is generally three, Rabbi Eliezer deems one liable for a single thread that he adds to a woven fabric. Rav Yosef said in response: Rabbi Yosei, in accordance with the opinion of Rabbi Eliezer, would explain that this is what the mishna teaches: Rabbi Eliezer says: One who weaves on Shabbat is liable if he weaves three threads at the beginning of work on a new item, or if he adds two threads to a preexisting woven fabric. § The mishna teaches that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering. It is taught in a baraita that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering, as it is stated: “And if anyone sin, and do any of the commandments of the Lord that are not to be done, though he does not know it; yet is he guilty, and shall bear his iniquity” (Leviticus 5:17). The verse excludes this case, where he knew that he sinned. Rabbi Shimon said to Rabbi Yehuda: It can be inferred from this same verse that he does in fact bring a provisional guilt offering. The phrase “and do…though he does not know it” indicates that one brings an offering in a case such as this, when he did not know with which item he sinned. The baraita continues: But in a case where there is uncertainty whether one ate forbidden fat and uncertainty whether one did not eat forbidden fat, which is a situation where he did not know if he sinned at all, it is unclear whether Rabbi Shimon maintains he is liable to bring a provisional guilt offering. Therefore, go and ask about it, to determine whether one brings a provisional guilt offering in such a case or not. The Gemara asks: What conclusion was reached about it? The Gemara suggests: Come and hear a proof from a baraita: If one sinned and did not know with what item he sinned, or if there is uncertainty whether he sinned and uncertainty whether he did not sin, he brings a provisional guilt offering. The Gemara infers: Whom did you hear who says that if one sinned and did not know with what item he sinned he must bring a provisional guilt offering? It is Rabbi Shimon. Consequently, this baraita must be in accordance with his opinion, and it teaches: If there is uncertainty whether one sinned and uncertainty whether one did not sin, he brings a provisional guilt offering. Conclude from the baraita that Rabbi Shimon holds: If there is uncertainty if one sinned and uncertainty if one did not sin, he brings a provisional guilt offering. § The mishna teaches that Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case where his lack of knowledge involves items from one category. And the last clause in the mishna concludes: If it is so, what is the meaning when the verse states: “If his sin, wherein he has sinned” (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one he intended? It serves to exclude one who acts unawares and does not intend to perform a prohibited action at all. In connection to this halakha about one who acts unawares, Rav Naḥman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure from his actions. By contrast, one who acts unawares and performs a prohibited labor on Shabbat is exempt, as the Torah prohibited only planned, constructive labor on Shabbat, which does not include an act of labor that is not intended, or whose result is unintended. Rava said to Rav Naḥman: But isn’t the case of the two babies considered like a case where one acts unawares, and yet we learned in a mishna (Shabbat 137a): In the case of one who had two babies to circumcise, one of whom he was required to circumcise on Shabbat and one whom he was required to circumcise the day after Shabbat, and he forgot and circumcised the one that should have been circumcised after Shabbat on Shabbat, Rabbi Eliezer deems him liable to bring a sin offering, as circumcision before its appointed time does not override Shabbat. And Rabbi Yehoshua deems him exempt from bringing a sin offering. Rava explains his objection: Rabbi Yehoshua deemed him exempt only here, in that particular case, because he holds that if one erred with regard to a mitzva and did not perform the mitzva but committed a transgression instead, he is exempt. But in a case where one acts unawares in a matter that does not involve a mitzva, even Rabbi Yehoshua deems him liable. This indicates that according to both opinions, in general one who commits a transgression on Shabbat while acting unawares is liable. Rav Naḥman said to Rava: Leave aside the case of the babies. No proof can be derived from there, as the transgression in that case is the act of inflicting a wound on Shabbat. This is an exceptional case, since one who inflicts a destructive wound is liable despite the fact that one is usually exempt from liability if he performs perform non-constructive acts on Shabbat. Consequently, the standard requirement of constructive labor on Shabbat does not apply, which is why one who acts unawares and inflicts a wound is also liable. The Gemara cites another difficulty with regard to the claim that one who acts unawares when he performs a labor on Shabbat is exempt. Rav Yehuda raised an objection to Shmuel from the mishna. Rabbi Yehuda says: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rav Yehuda explained his objection: And this case here is concerning one who acts unawares, and yet not only does Rabbi Eliezer deem him liable, but Rabbi Yehoshua too deemed him exempt from bringing a sin offering only if he unwittingly switched one type for another type, e.g., grapes for figs, or white figs for black figs. But in a case where he unwittingly switches one for another within one type, even Rabbi Yehoshua deems him liable. Shmuel said to Rav Yehuda in response: Large-toothed one [shinnana], leave the mishna and follow after me, i.e., it should not be understood as you think. What are we dealing with here? We are dealing with a case where the picker lost his train of thought. He had initially intended to pick grapes and then he forgot his initial intention and thought: It is figs that I want. But his hand unwittingly went among the grapes and he picked the grapes he had initially intended. In that case Rabbi Eliezer holds he is liable, as his initial intention was fulfilled. And Rabbi Yehoshua holds f his current intention and thought are not fulfilled, and therefore he is exempt. By contrast, in a standard case where one acts unawares, both agree that he is exempt.
מי טל, אורג, יב:
בהא דס"ל לר"א דבתחילת האריגה צ"ל שלשה חוטין כאן מוסיף על הבגד שיעורו בחוט אחד יש לחקור האם פירוש הדבר שבעצם הנה גם באמצע הבגד צריך להיות השיעור דשלשה חוטין אלא דמ"מ חייב בחוט אחד משום "שנחשב כשלשה חוטין" או הפירוש הוא דבאמצע האריגה לא בעינן כל השיעור דשלשה חוטין אלא מעיקרא שיעורו בחוט אחד לבד... והיינו דלהטעם משום מלאכה "הניכרת" הנה לפ"ז גם באמצע האריגה הי' צריך בעצם להיות אריגה בשיעור דשלשה חוטין... הנה בחוט אחד חשיב בשלשה... משא"כ להטעם משום מלאכה המתקיימת הנה לפ"ז באמצע האריגה לא בעינן מלכתחילה שיעורא דשלשה חוטין שהרי באמצע האריגה מתקיימת חוט אחד ג"כ.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
(רמז: נראה שלמעשה אריגה צריך אריגה המתקיימת [עיין צובע, וצ"ע])
חסר אחת. לאפוקי מדרבי יהודה, דתניא: רבי יהודה מוסיף את השובט והמדקדק. אמרו לו: שובט - הרי הוא בכלל מיסך, מדקדק - הרי הוא בכלל אורג.
The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
מדקדק - כשמותח חוט הערב מכה בכרכר עליו במקומות מקומות ליישבו שלא יהא מתוח יותר מדאי, שהמתיחה מעכבתו מהתחבר יפה עם הארג.
הרי הוא אורג - דהיינו אורג ממש, ולא דמי לזורה ובורר ומרקד, דזה בקשין וזה בצרורות וזה בקמח.
המדקדק את החוטין ומפרידן בעת האריגה הרי זה תולדת אורג, וכן הקולע את הנימין הרי זה תולדת אורג ושיעורו משיעשה קליעה באורך שתי אצבעות.
A person who straightens the threads and separates them in the midst of the weaving process [performs] a derivative [of the labor] of weaving.65See the notes on the previous halachah, which discuss the Rambam's Commentary on the Mishnah (Shabbat 7:2).
Similarly, one who braids hair [performs] a derivative [of the labor] of weaving.66This refers to hair that has been cut already. Braiding hair that is still attached to a person's head is forbidden by the Rabbis. (See Chapter 22, Halachah 26.) The measure for which one is liable is making a braid two fingerbreadths long.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם מדקדק הוא חלק ממעשה האריגה או מתוצאת האריגה?)
פוצע
הבוצע שני חוטין חייב, ובוצע הוא המפריד את הארוג, בין שהוציא הערב מן השתי או שהעביר השתי מעל הערב הרי זה בוצע וחייב, והוא שלא יהא מקלקל אלא יתכוין לתקן כדרך שעושין אלו שמאחין את הבגדים הקלים ביותר שבוצעין ואחר כך מאחין וחוזרין ואורגין חוטין שבצעו עד שיעשו שני הבגדים או שני הקרעים אחד, והסותר את הקליעה לתקן הרי זה תולדת בוצע ושיעורו כשיעור הבוצע.
One who is בוצע two threads is liable. בוצע refers to the separation of woven fabric.67The Ra'avad objects to the Rambam's definition of this activity. He offers a definition similar to that of Rashi, Shabbat 73a, stating that בוצע resembles פוצע and refers to cutting off the remaining unwoven threads after the weaving process is completed. One is liable for [the labor of] בוצע whether one removes the woof from the warp or the warp from woof.
[The above applies provided that] one is not acting with a destructive [intent], but rather with the intent to improve [the garment]. For example, there are people who mend [tears in] very light garments. First, they undo the weave. Afterwards, they mend the garment, and then reweave the threads that they undid.68When a garment is mended in this fashion, the mending is hard to detect, because it is rewoven. [In this manner,] they join two garments or two tears together.
A person who undoes a braid for the sake of fixing it [performs] a derivative [of the labor] of בוצע.69As mentioned previously, every category of labor has a derivative. If braiding is a derivative of weaving, one may assume that unbraiding is a derivative of unweaving. The minimum measure for which one is liable is the same as the minimum measure for בוצע.
השגת הראב"ד שם:
הבוצע שני חוטין חייב ובוצע הוא המפריד את האריג. א"א, זה הפירוש נוטה לקורע ע"מ לתפור וכבר הוא שנוי במשנה, ואנו מקובלים בוצע כמו פוצע והוא לשון חתוך שחותך שני חוטין, אחר שהשלים אריגתו חותך את הארוג מן המשוייר שבמסכת ואפילו לא חתך ממנו אלא שני חוטין חייב בחתיכה זו.)
מגיד משנה שם:
הבוצע שני חוטין וכו' – במשנה פרק כלל גדול (שם עג) והבוצע שני חוטין. ופירש"י ז"ל מנתק לצורך וזה כדברי רבינו. ובהשגות א"א זה הפירוש נוטה וכו' חייב בחתיכה זו, עכ"ל. ואני אומר שפירושו נוטה ודומה למכה בפטיש שהוא גמר מלאכה וכבר שנוי במשנה. ומה שאמר שפירוש רבינו נוטה לקורע על מנת לתפור י"ל שאין דומה קורע החוטין עצמן וחותך אחת לשנים לזה שאינו חותכן אלא מפריד הארוג.
איך אפשר להסביר את מחלוקתם על פי הכיוונים דלעיל?
(רמז: קשה לדבר על תוצאת חפצא בפוצע כפי שנראה בקורע, מוחק, סותר וכדו', ונצטרך לדבר על תיקון ותכנון לקראת פעולה אחרת. לעומת זאת, ניתן לדבר על פעולת הפציעה כמלאכה כשלעצמה.)
חידושי הר"ן שבת עג ע"א ד"ה 'והפוצע':
והפוצע שני חוטין – פי' הרא"ה ז"ל דפוצע הוא שכשחוט אחד ניתק פוצע ראשיהן ושוזרן ביד עד שיהא נארג וקאמר דכשיעשה כן בשני חוטין חייב.
הר"ן מקשר בין פוצע לבין אורג, אבל בצורה אחרת: פוצע הוא חיבור לפני האריגה. למה ייתכן לדעתו שניתוק לא יכול להיות פוצע?
(רמז: אם מצד המעשה גם ניתוק הוא פעולה לגיטימית, כפי שראינו בקוצר.)
קושר
הקושר והמתיר. קשירה במשכן היכא הואי? אמר רבא: שכן קושרין ביתדות אהלים. א"ל אביי ההוא קושר על מנת להתיר הוא! אלא אמר אביי: שכן אורגי יריעות שנפסקה להן נימא קושרים אותה. אמר ליה רבא: תרצת קושר, מתיר מאי איכא למימר? וכי תימא: דאי מתרמי ליה תרי חוטי קיטרי בהדי הדדי, שרי חד וקטר חד - השתא לפני מלך בשר ודם אין עושין כן, לפני מלך מלכי המלכים הקדוש ברוך הוא עושין! אלא אמר רבא ואיתימא רבי עילאי: שכן צדי חלזון קושרין ומתירין.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
התופר שתי תפירות חייב, והוא שקשר ראשי החוט מכאן ומכאן כדי שתעמוד התפירה ולא תשמט, אבל אם תפר יתר על שתי תפירות אף על פי שלא קשר חייב שהרי מתקיימת התפירה, והמותח חוט של תפירה בשבת חייב מפני שהוא מצרכי התפירה.
A person who sews two stitches is liable,31This is one of the 39 categories of forbidden labor. provided he ties32Many of the commentaries question why the Rambam does not mention that the person is also liable for tying. It would appear, however, that this knot does not require professional expertise. Furthermore, sewing and not tying, is the subject of the Rambam's statements here. the stitches at both ends so that they will remain and not slip out.33Only if the stitches are tied at both ends will they remain permanently. Rav Kapach notes that in Hilchot Kilayim 10:24, the Rambam does not require the two stitches to be attached for one to be liable for sha'atnez, echoing a similar ruling of the Mishnah (Kilayim 9:10).
Rav Kapach explains that the obligations of the two prohibitions differ. With regard to sha'atnez, there is no requirement that wool and linen be permanently attached for one to be liable. In contrast, if the forbidden activity one performs on the Sabbath is not lasting in nature, one is not liable.
If, however, one sews an additional stitch, one is liable even if one did not tie [the ends], for one's stitching will remain.
A person who pulls taut a thread used for sewing34After one sews several stitches, one pulls the thread taut (Shabbat 75a). on the Sabbath is liable, because this activity is necessary for sewing.
כתב הרמ"ך התופר שתי תפירות וכו' תימה למה לא כתב שיהא חייב שתים משום קושר ומשום תופר כדברי הירושלמי שזה בודאי עשה שתי מלאכות קושר ותופר עכ"ל.
מרכבת המשנה שם:
ואני אומר דאין ענין לקשירה זו דתפירה למלאכת קושר שכל עיקרה שהוא קושר ומחבר שני דברים נפרדים... נראה משם דלא שייך קשירה בתפירה אלא א"כ קשר שני צדדי החוטין להדדי אבל הקושר צד אחד מכאן וצד אחד מכאן אין זה מלאכת קשירה.
הגהות מיימוניות שם:
ופריך בגמרא והא לא קיימא, אמר רבב"ח אר"י והוא שקשרו. מכאן פסק רא"ם שאין נקרא קשר של קיימא אלא קשר על קשר מדאין חייב בכאן משום קושר וכן כתב בס"ה אמנם יש קשרים שמתקיימין בקשר אחד כגון שקושר חבל בראשו ואין קושר שני ראשים ביחד וכן כל כיוצא בזה ע"כ.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם העיקר הוא מעשה הקשירה או הכוונה?)
הפותל חבלים מן ההוצין ומן החלף או מחוטי צמר או מחוטי פשתן או חוטי שיער וכיוצא בהן, הרי זה תולדת קושר וחייב. ושיעורו כדי שיעמוד החבל בפתילתו בלא קשירה, שנמצאת מלאכתו מתקיימת. וכן המפריד את הפתיל הרי זה תולדת מתיר וחייב, והוא שלא יתכוין לקלקל בלבד, ושיעורו כשיעור הפותל.
A person who winds together a rope from palm branches, love grass,27Our translation is based on Rav Kapach's version of the Rambam's Commentary on the Mishnah (Keilim 17:17). strands of wool, strands of flax, strands of goat's hair or the like is liable for performing a derivative of the [forbidden] labor of tying.28The commentaries question why this activity is not considered a derivative of the forbidden labor of spinning thread. The Migdal Oz resolves this question by citing as a source the Jerusalem Talmud, Shabbat 15:1. That passage relates that an experienced tailor connects two ends of a thread together by undoing their twine, and then rewinding them. Since the tailor's object is to connect the two ends, the activity is considered a derivative of tying.
The minimum measure for which one is liable is a length of rope sufficient to remain wound without being tied, for then the work the person performed is permanent.29See Chapter 9, Halachah 13 and Halachah 1 of this chapter.
Similarly, a person who unwinds cords performs a derivative of the forbidden labor of untying and is liable. [This applies] provided one's intent is not merely destructive in nature.30See Chapter 1, Halachot 17-18. The minimum measure for which one is liable is the same as that for winding a cord.
אור שמח שם:
אין להקשות מהא דאמר בירושלמי פרק כלל גדול ההין דעביד חבלין ההין דעביד ממזור (פי' מוזר, וכמו משזר) חייב משום טווה.
איך אפשר להסביר את המחלוקת אם שייך קושר בפתילת חבלים?
(רמז: האם קושר זה חיבור או מעשה קשירה?)
אלו קשרים שחייבין עליהן קשר הגמלין וקשר הספנין וכשם שהוא חייב על קישורן כך הוא חייב על התירן רבי מאיר אומר כל קשר שהוא יכול להתירו באחת מידיו אין חייבין עליו.
And these are knots for which one is liable to bring a sin-offering if one tied them on Shabbat: A camel driver’s knot and a sailor’s knot, both of which are meant to be permanent. And just as one is liable to bring a sin-offering for tying these knots, so too, he is liable to bring a sin-offering for untying them. Rabbi Meir says a principle: For tying any knot that one can untie with one of his hands, one is not liable to bring a sin-offering, because a loose knot of that sort is not considered permanent even if that was his intention.
פירוש הרע"ב שם:
אלו קשרים. קשר הגמלים – שנוקבים לגמל בחוטמו ונותנין בו רצועה וקושרים אותה קשר עולם. וכמו כן נוקבים בראש הספינה נקב ונותנין בו חבל וקושרין אותו קשר של קיימא שאינו מתירו לעולם. והוי דומיא דקושרי חוטי יריעות הנפסקים במשכן. וקשר של קיימא ואינו מעשה אומן, או מעשה אומן ואינו של קיימא, פטור אבל אסור, ואינו חייב עד שיהא של קיימא ומעשה אומן. ושאינו של קיימא ולא מעשה אומן מותר לכתחלה.
הגהות מיימוניות הלכות שבת י, א (בכוכבית):
לשון הטור: כל קשר העומד להתקיים לעולם חייבים חטאת על קשירתו והתרתו בין אם הוא של אומן או של הדיוט, עכ"ל.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: אם צריך לחלק "של קיימא" ו"מעשה אומן" למעשה ותוצאה, איך תעשה זאת? לפי זה, כאיזה כיוון הולך כל אחד?)
...וזהו לשיטת הרמב"ם דכל קשר של אומן יש איסור אפילו אינו של קיימא ואין אנו בקיאים איך הוא קשר של אומן ושמא מפני שהאומן קושר בהידוק מאד ושני קשרים הוויין מהודקים מאד ובדבר אחד הוי גם קשר אחד בהידוק...
אמנם עיקרי הדברים תמוהים, דאם רק בחוזק תלוי מה זה שאמרו מעשה אומן והרי לא באומנות תליא אלא בחיזוק ורפיון. ועוד כיון שאמרו קשר של קיימא ומעשה אומן וכל קשר של קיימא מסתמא הוא בחוזק, דאיך יעשו קשר של קיימא ברפיון ומעשה אומן נוסף לזה ופשיטא שמעשה אומן הוא שבעצם עשיית הקשר יש איזה אומנות שאין ההדיוט יכול לעשותו...
איך אפשר להסביר את ההתלבטות לגבי קשר של אומן על פי הכיוונים דלעיל?
מתיר
רבותינו בעלי התוס' (עג ע"א ד"ה הקושר) נסתפקו אם בעינן מתיר על מנת לקשור דוקא כקורע על מנת לתפור אם לאו ודעתם נוטה דבעינן דוקא על מנת לקשור וכ"כ הרא"ש וכן משמע קצת בירושלמי ע"ש אמנם רש"י ז"ל לקמן בריש פרק ואלו קשרים (קיא ע"ב ד"ה כך הוא) דתנן כשם שהוא חייב על קישורן כך חייב על התירן, פירש רש"י דציידי חלזון נצרכים לפרקים להתיר קשרי רשתות הקיימות כדי לקצרן או להרחיבן עכ"ל הרי דבהתרה לבד חייב ודוחק לומר דכונתו לקשרם אח"כ וכ"כ בכלל גדול גבי יריעות המשכן ע"ש. וכן משמע מדברי הרמב"ם שהבאנו בסעיף הקודם שכתב דמפריד את הפתיל חייב ושלא יתכוין לקלקל, ואי ס"ד דדוקא על מנת לקשור לא שייך לומר שלא יתכוין לקלקל כמובן, אלא ודאי דבמתיר לחוד חייב אם אין בזה קלקול, וזהו ההפרש בין קורע דבודאי הוא קלקול, לכן צריך על מנת לתפור, משא"כ במתיר ההתרה עצמה הוי התיקון. ונמצא שדין זה במחלוקת שנויה, דלרש"י והרמב"ם א"צ במתיר על מנת לקשור ולהתוס' והרא"ש צריך על מנת לקשור, וכן נראה דעת הרע"ב בפי' למשניות.
איך אפשר להסביר את מחלוקת הראשונים על פי הכיוונים דלעיל?
(רמז: עיין מה שכתבנו לגבי המחלוקת אם יש קשר בין פוצע לאורג)
חזון איש שבת נב, יז:
כיון דנעשה שלא לדעת ולא ניחא ליה אין זה קשר של קיימא ומותר להתירו... ומשמע דאי אפשר שיהיה בזה מעשה אומן ובעשה עניבה וממילא נעשה קשירה.
ר' עקיבא איגר על שולחן ערוך או"ח יא, ט (על המגן אברהם ס"ק יג):
ולפ"ז לא קשה קושי' הנ"ל דלענין זה דנקשרו הציצית בעצמם בבגד ובשבת דא"י להתירו. בזה אין מהראוי דעשה לדחי לל"ת. כיון דא"י להתירו.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: כפי הנראה, התרת דבר שנקשר מאליו לא תהיה על מנת לקשור.)
תופר
והתופר שתי תפירות. והא לא קיימא! אמר רבה בר בר חנה אמר רבי יוחנן: והוא שקשרן.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
שו"ת אגרות משה או"ח ב סימן פד:
הרי חזינן דלא כל החבורין הם שייכים למלאכת תפירה אלא חבור כהא דתפירה דמשווה שני חלקי בגד כבגד אחד ממש... אבל בהא דקשירה... אף שנתחברו ע"י זה שני חלקי הבגד הוא חבור שאינו עושה אותם כבגד אחד אלא לעולם הם שני חלקים אך שנעשו מחוברים זה לזה.
מי טל, תופר, א:
והנראה בזה דיסוד החילוק בין הני ב' מלאכת דתופר וקושר הוא דהגם דשניתן ישנו הענין דחיבור ב' דברים נפרדים אבל הא מיהת דחלוקים באופן מעשה החיבור ויסוד החילוק הוא דהיכא שמחבר ב' דברים זה לזה בלי אמצעות דב שלישי המחברם אלא הם בעצמם מתחברים זה לזה... קושר משא"כ היכא שמחבר ב' דברים יחד ע"י דבר שלישי המחברם והיינו שהדבר השלישי גורם חיבור הב' דברים... תופר.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
עיין שוב ברמב"ם, כסף משנה ומרכבת המשנה שהובאו בתחילת מלאכת קושר. איך אפשר להסביר את המחלוקת עכשיו, על פי הכיוונים דלעיל?
(רמז: אם הכול הוא תוצאת החיבור, יש לומר שהקשירה טפלה לתפירה; אבל אם יש הבדל במעשה המלאכה, אין הקשירה יכולה לשמש בסיס לתפירה כלל.)
קורע
הקורע על מנת לתפור. קריעה במשכן מי הוה? רבה ורבי זירא דאמרי תרווייהו: שכן יריעה שנפל בה דרנא קורעין בה ותופרין אותה.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation: As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life. The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out. Rabbi Elazar said: This is not in accordance with the opinion of Rabbi Shimon ben Elazar, as it was taught in a baraita that Rabbi Shimon ben Elazar stated a principle: Anything that is not fit to be stored and people do not typically store items like it, but it was deemed fit to be stored by this person and he stored it, and another person came and carried out the object that was stored, that person who carried it out is rendered liable by the thought of this person who stored it. Once one person deemed it significant by means of thought and action, it is considered significant for all people. According to our mishna, however, only the person who stored the object is liable for carrying it out. MISHNA: The mishna lists the measures in which various substances are significant and generally stored. One who carries out straw in a measure equivalent to a cow’s mouthful is liable. The measure that determines liability for etza is equivalent to a camel’s mouthful. Because it is a coarser food, he must carry out a greater amount in order to be liable. The measure that determines liability for ears of grain is equivalent to a lamb’s mouthful. The measure that determines liability for grass is equivalent to a goat’s mouthful, which is smaller than that of a lamb. The measure that determines liability for garlic leaves and onion leaves, if they are moist and fit for human consumption, is equivalent to a dried fig-bulk. A dried fig-bulk is the standard measure for human food. If the garlic leaves and onion leaves are dry, the measure for liability is equivalent to a goat’s mouthful. And none of these substances join together with one another to constitute a measure for liability because they are not equal in their measures. GEMARA: The Gemara first asks: What is etza mentioned in the mishna? Rav Yehuda said: It is straw of types of legumes. When Rav Dimi came from Eretz Yisrael to Babylonia, he said: In the case of one who carries out a measure of straw equivalent to a cow’s mouthful for a camel, for which it is an insignificant measure, is his liability determined based on the measure that he carried out or based on the objective for which he carried it out? Rabbi Yoḥanan said: He is liable. Rabbi Shimon ben Lakish said: He is exempt. In the evening, Rabbi Yoḥanan said that; however, in the morning, he reversed his opinion and agreed with Reish Lakish. Rav Yosef said: He did well to reverse his opinion, since that amount is not suitable for a camel. There is no liability for carrying out less than a camel’s mouthful for a camel. Abaye said to Rav Yosef: On the contrary, Rabbi Yoḥanan’s original statement that he is liable is reasonable, as it is suitable for a cow. He carried out a significant measure that is fit for use, and he is liable for carrying it out even though it is insignificant for a camel. Rather, when Ravin later came from Eretz Yisrael to Babylonia, he transmitted a revised version of the dispute and said: With regard to one who carries out a measure equivalent to a cow’s mouthful of straw for a camel, everyone agrees that he is liable. Where they disagree is in a case of one who carries out a measure of etza, which cows do not typically eat, equivalent to a cow’s mouthful for the purpose of feeding a cow. Here the question is more difficult. Clearly, if one were to carry out that measure for a camel, or for no particular purpose, he would be exempt. However, since he designated the food for a cow, for which it is a significant amount, perhaps he should be liable for carrying out. And the opposite was stated in the dispute between Rabbi Yoḥanan and Reish Lakish. Rabbi Yoḥanan said: He is exempt. Reish Lakish said: He is liable. The Gemara elaborates: Rabbi Yoḥanan said: He is exempt because he holds that eating under duress, i.e., food that is not typically eaten but could be eaten if necessary, such as a cow eating etza, is not considered eating. Reish Lakish said: He is liable because he holds that eating under duress is considered eating. We learned in the mishna: The measure that determines liability for an ear of grain is equivalent to a lamb’s mouthful. The Gemara asks: Wasn’t it taught in a baraita: Its measure for liability is equivalent to a dried fig-bulk? The Gemara explains: This, a lamb’s mouthful, and that, a dried fig-bulk, are one, the same, measure. We learned in the mishna: The measure that determines liability for one who carries out garlic leaves and onion leaves, if they are moist, is equivalent to a dried fig-bulk. If the garlic leaves and onion leaves are dry, the measure for liability is equivalent to a goat’s mouthful. And none of these substances join together with one another to constitute an amount for which one would be liable because they are not equal in their measures. Rabbi Yosei bar Ḥanina said: Substances that have a more lenient legal status and have a greater measure for liability do not join together with the substances among them whose legal status is more stringent and whose measure for liability is smaller. For example, one who carries out a goat’s mouthful of a mixture of straw, which is more lenient, and grass, which is more stringent, is exempt. However, substances whose status is more stringent, like grass, join together with the substances among them whose status is more lenient, like an ear of grain. One who carries out a lamb’s mouthful of a mixture of grass, which is more stringent, and an ear of grain, which is more lenient, is liable. The Gemara questions this principle: And do any items that are not equal in their measures join together? Don’t their fundamental differences preclude any combination? Didn’t we learn in a mishna that the opposite is true? The garment must be at least three by three handbreadths in order to become a primary source of ritual impurity by means of ritual impurity imparted by treading of a zav. And the sack made from goats’ hair must be at least four by four handbreadths. And the animal hide must be five by five, and a mat must be six by six. And a baraita was taught about the mishna: The garment and the sack, the sack and the hide, and the hide and the mat join together with one another. And Rabbi Shimon said: What is the reason that they join together? Because all the component materials are fit to become ritually impure through the ritual impurity imparted to a seat upon which a zav sits, as they can each be used to patch a saddle or saddlecloth. Since they are all suitable for the same use, they join together with regard to the halakhot of ritual impurity. By inference: The reason they can combine is because they are fit to become ritually impure through the ritual impurity imparted to a seat. However, in a case where the combination is of several items not fit to become ritually impure through the ritual impurity imparted to a seat, no, they do not join together even to the more lenient, larger measure. Apparently, in general, items with different measures do not join together. Rava said: Here too, since these substances are suited to be piled together in the sample of a merchant seeking to sell them, they join together with regard to carrying out on Shabbat as well. MISHNA: One who carries out a measure of foods fit for human consumption equivalent to a dried fig-bulk into a domain where carrying is prohibited on Shabbat is liable. And all those foods join together with one another to constitute that amount because they are equal in their measures. This amount is calculated without their shells, and their seeds, and their stems, and their bran, the husk that comes off of the wheat kernel when pounded, and their coarse bran that remains in the flour. Rabbi Yehuda says: None of the shells are calculated, except for the shells of lentils, which join together with the lentils to comprise the measure for liability because they are cooked and eaten with them. GEMARA: The Gemara asks: And do the bran and coarse bran of cereals not join together? Didn’t we learn in a mishna: Dough made from five-quarters of a log of flour and a bit more obligates one to separate ḥalla? That amount includes them, the flour, and their bran, and their coarse bran. Apparently, bran and coarse bran join together with the flour to constitute the requisite measure. Abaye said: Bran joins together with the flour with regard to ḥalla and the making of bread, since a pauper eats his loaf made from dough mixed with bran. However, with regard to carrying out on Shabbat, the food items in question must be suitable for all people, since the measures are small and are calculated by their significance. We learned in the mishna that shells do not join together to constitute the measure of food. Rabbi Yehuda says: Except for the shells of lentils because they are cooked and eaten with them. The Gemara asks: Is that to say that with lentils, yes, the shells do join together; but with beans, no, they do not? Wasn’t it taught in a baraita that Rabbi Yehuda says: Except for the shells of beans and lentils? The Gemara answers: This is not difficult: This baraita, which teaches that, according to Rabbi Yehuda, shells of beans join together with the beans, is referring to new, fresh beans. That mishna, which teaches that, according to Rabbi Yehuda, shells of beans do not join together with the beans, is referring to old beans. The Gemara asks: Why do the shells of old beans not join together? Rabbi Abbahu said: Because their shell fragments look like flies in the dish; people are repulsed by those shell fragments, they do not eat them and discard them. MISHNA: One who carries out undiluted wine from a private domain to a public domain or vice versa is liable only for a measure equivalent to the wine typically diluted in a cup. Pure wine was diluted with water. The measure that determines liability for carrying out wine is a measure suitable to be diluted for a significant cup of wine. The measure that determines liability for carrying out milk is equivalent to that which is swallowed in one gulp. The measure that determines liability for carrying out honey is equivalent to that which is used to place on a sore caused by chafing. The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb. The measure that determines liability for carrying out water is equivalent to that which is used to rub and spread on an eye bandage. And the measure that determines liability for carrying out all other liquids is a quarter of a log. And the measure that determines liability for carrying out all waste water is a quarter of a log. Rabbi Shimon says: The measure that determines liability for all liquids is a quarter of a log. He further stated: And all these measures were only stated with regard to those who store them. One indicates that he considers these liquids significant by storing them. One is only liable for carrying out an object that is significant to him. Others, for whom these measures are insignificant, are not liable for carrying them out. GEMARA: It was taught in a Tosefta: The measure that determines liability for carrying out wine is equivalent to the wine diluted for a significant cup of wine. The Gemara explains: And what is the significant cup of wine to which the Tosefta referred? It is a cup of blessing. And Rav Naḥman said that Rabba bar Avuh said: A cup of blessing must have a quarter of a quarter of a log of undiluted wine in it, so that one will dilute it with water, and the cup will contain a quarter of a log. The ratio of dilution is typically three parts water to one part wine. Rava said: We too learned that in the mishna: One who carries out undiluted wine is only liable if he carries out a measure equivalent to the wine typically diluted for a cup. And it was taught with regard to the mishna: A measure equivalent to the wine diluted for a significant cup of wine. And it was taught in the latter clause of the mishna: And the measure that determines liability for carrying out all other liquids is a quarter of a log. Since a quarter of a log is the significant measure for liquids, that is also the significant measure for diluted wine. And Rava is consistent with his line of reasoning, as Rava said: Any wine that does not hold one part wine diluted by three parts water is not wine. Wine must be sufficiently potent to be capable of being diluted with water three times its measure. Abaye said: There are two possible responses with regard to this matter. One, as we learned in a mishna: Diluted wine, which is used to determine the exact color of red, is two parts water and one part wine from the wine of the Sharon. Apparently, wine constitutes one-third and not one-quarter of the diluted cup. And furthermore: Rava’s opinion is that the measure that determines liability for carrying out wine is a measure that, when diluted, would equal a quarter of a log, i.e., a quarter of a quarter of a log of undiluted wine. Is it possible that the water is in the jug and yet joins together with the wine? The wine that he is carrying out is less than the required measure and is not fit for drinking. Rava said to him: That which you said that the dilution ratio that determines the color red is two parts water and one part wine, from the wine of the Sharon, is no proof. Wine of the Sharon is unique in that it is weak, and therefore two parts of water are sufficient to dilute it. Alternatively, there the dilution ratio mentioned is for determining the appearance of the color red; however, for the purpose of taste, more water is necessary. And that which you said: Is it possible that the water is in the jug and yet joins together with the wine? With regard to the liability of carrying out on Shabbat, we require an object that is significant, and this quarter of a quarter of a log of wine is also significant. A tanna taught in a Tosefta: The measure that determines liability for carrying out congealed wine on Shabbat is an olive-bulk; this is the statement of Rabbi Natan. Rav Yosef said: Rabbi Natan and Rabbi Yosei, son of Rabbi Yehuda, said the same thing. Rabbi Natan’s statement is that which we just stated. And the statement of Rabbi Yosei, son of Rabbi Yehuda, is as it was taught in a baraita that Rabbi Yehuda says: Six matters are among the leniencies of Beit Shammai and among the stringencies of Beit Hillel. They include the blood of a carcass. Beit Shammai deem it ritually pure, as, in their opinion, only the flesh of a carcass imparts impurity; and Beit Hillel deem it ritually impure. Rabbi Yosei, son of Rabbi Yehuda, said: Even when Beit Hillel deemed it impure, they deemed impure only a measure of blood that contains a quarter of a log, since it can congeal and constitute an olive-bulk. Rav Yosef draws a parallel between the two opinions. Both tanna’im agree that a quarter of a log of liquid congeals to the size of an olive-bulk. Abaye said: Perhaps that is not the case, as Rabbi Natan said that a quarter of a log is required only here, with regard to wine, which is liquid; however, with regard to blood, which is viscous, in order to produce an olive-bulk when congealed, a quarter of a log is not required. Less than a quarter of a log of blood congeals into an olive-bulk. Alternatively, Rabbi Yosei, son of Rabbi Yehuda, said that in order to create a congealed olive-bulk, a quarter of a log is sufficient only there, with regard to blood, which is viscous; however, wine, which is liquid, in order to create a congealed olive-bulk, more than a quarter of a log of wine is required. And, therefore, even when he carries out less than an olive-bulk on Shabbat, let him be liable. There is no proof that the two tannaitic opinions are parallel. We learned in the mishna: The measure that determines liability for carrying out milk is equivalent to that which is swallowed [kedei gemia] in one gulp. A dilemma was raised before the Sages: Is the correct version of the mishna: Kedei gemia with an alef or kedei gemia with an ayin? Rav Naḥman bar Yitzḥak said: It should be written with an alef as we find in the Torah: “And he said: Give me to swallow [hagmi’ini with an alef ] please, a little water from your jug” (Genesis 24:17). A similar dilemma with regard to spelling was raised before the Sages. In the mishna at the end of the previous chapter we learned that the measure that determines liability for carrying out foods is calculated without their seeds [garinin]. Is the correct version garinin with an alef or garinin with an ayin? Rava bar Ulla said: It is with an ayin, since it stems from the same root as: “And it shall be subtracted [venigra with an ayin] from your valuation” (Leviticus 27:18). A dilemma was raised before the Sages: Do we describe dimming coals as omemot with an alef or omemot with an ayin? Rav Yitzḥak bar Avdimi said: It is written with an ayin, as it is stated: “The cedars in the garden of God could not hide it [amamuhu with an ayin]” (Ezekiel 31:8). A dilemma was raised before the Sages: With regard to closing the eyes of the dead, did we learn in the mishna me’amtzin with an alef, or me’amtzin with an ayin? Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: It is written with an ayin as it is stated: “And closes [ve’otzem with an ayin] his eyes from seeing evil” (Isaiah 33:15). With regard to carrying out milk, the Sages taught: One who carries out the milk of an animal on Shabbat is liable only for a measure equivalent to that which is swallowed in one gulp. The measure that determines liability for carrying out a woman’s milk and the white of an egg is equivalent to that which is used to place on the part of an eye bandage upon which the ointment is placed directly on the wound. And the aforementioned eye bandage must be sufficiently large to use it to rub both his eyes with water. Rav Ashi raised a dilemma: Is the measure that determines liability for the bandage equivalent to that with which water can be rubbed on both eyes, or is it equivalent to that which can be held and rubbed? Is the part of the bandage held in his hand when applying the bandage to his eyes also taken into account? No resolution was found for this dilemma. Therefore, let it stand unresolved. We learned in the mishna: The measure that determines liability for carrying out honey is equivalent to that which is used to place on a sore caused by chafing. A tanna taught in a Tosefta: The precise measure is equivalent to that which is placed on the opening of a sore, i.e., on the wound itself. Rav Ashi raised a dilemma: Does the term on a sore mean the measure of honey spread on the opening of the entire sore; or, perhaps it means the measure spread on the primary protuberance of the sore, to the exclusion of the surrounding area upon which he does not spread honey? No resolution was found for this dilemma either. Therefore, let it stand unresolved. On the subject of sores, the Gemara cites a statement referring to one of the methods for healing a sore. Rav Yehuda said that Rav said: Everything that the Holy One, Blessed be He, created in His world, He did not create anything for naught. He created a snail as a remedy for a sore; He created a fly to be crushed and spread as a remedy on a wasp sting; He created a mosquito as a remedy for a snake bite; and He created the snake itself as a remedy for a skin rash; and He created a gecko as a remedy for a scorpion bite. The Gemara explains: How does one implement the remedy? He brings two geckos, one black and one white, cooks them, and spreads the resulting ointment on the affected area. With regard to these creatures, the Gemara cites that which our Sages taught: There are five dreads, i.e., dread that the weak cast over the mighty: The dread of the mafgia, a small creature, over the lion; the dread of the mosquito over the elephant; the dread of the gecko over the scorpion; the dread of the swallow over the eagle; the dread of the kilbit, a small fish, over a whale. Rav Yehuda said that Rav said: What is the verse that alludes to these matters? As it is written: “He that causes destruction [shod] to flash upon the mighty, so that destruction comes upon the fortress” (Amos 5:9), which is interpreted as: He who lifts the downtrodden [shadud] over the mighty. On the topic of the nature of the world, the Gemara relates that Rabbi Zeira found Rav Yehuda, who was standing at the entrance of his father-in-law’s house, and observed that he was in an especially cheerful mood. And Rabbi Zeira understood that were he to ask Rabbi Yehuda about anything in the entire world, he would tell him the answer. He therefore posed questions to him on a variety of topics unrelated to halakha. He asked: Why do goats walk in front of the flock and then ewes follow? He said to him: It is just as it was in the creation of the world, which at first was dark and then light followed. Goats, which are typically black, precede the ewes, which are typically white. And he asked: Why are the genitals of these ewes covered with a tail, whereas these goats are exposed? He answered: These ewes, whose wool we use to cover ourselves, are rewarded in that they are covered; and those goats, whose hair we do not use to cover ourselves, are exposed. And he asked: Why is the camel’s tail short? He answered: Because a camel eats thorns, and a long tail would become entangled in the thorns. And he asked: Why is the ox’s tail long? He answered: Because the ox lives in a swamp and must fend off mosquitoes. He continued to ask: Why is the grasshopper’s antenna soft? He answered: Because it lives in the plains among the grass, and if the antenna were hard it would break and the grasshopper would go blind. When the grasshopper loses its antenna it is unable to move, as Shmuel said: One who seeks to blind a grasshopper should remove its antenna. And he asked: Why does the chicken’s lower eyelid cover the upper one? He answered: Because a chicken lives on rafters in houses, and if the smoke from the houses were to enter its eyes without the protection of the eyelid, it would go blind. He asked further: Why is a door called dasha in Aramaic? He said to him: It is an acronym for derekh sham, which means through there. Why is a stair called darga? He said to him: It is an acronym for derekh gag, which means the way to the roof. Why are spices called mitkolita? He said to him: It is an acronym for matai tikhleh da, which means when will this be finished. Since spices are used sparingly, they last a long time. Why is a house called beita? He said to him: It is an acronym for bo ve’eitiv ba, which means come and I will sit in it. Why is a small house called bikta? He said to him: It is an acronym for bei akta, which means a narrow house. A barrel is called kufta, which is an acronym for kuf vetiv, which means turn it over and sit. Bricks are called livnei, which is an allusion to livnei benei, which means for the children of children. A fence made of thorns is called hutza and Rav Yehuda said that it is merely a ḥatzitza, which means partition, as opposed to a true fence. A jug used for drawing water is called a ḥatzba because it hews [ḥotzev] water from the river. A small jug is called kuza, alluding to kazeh, which means: Give me one like that. Myrtle branches with which people dance at a wedding are called shutita, an allusion to shetuta, which means madness, as the frenzied dancing appears to be madness. The large vessel used for washing is called meshikhla, which is an acronym for mashei kula, which means: It washes all. A small vessel used for washing is called mashkhilta, and Rav Yehuda explained that it is an acronym for mashya kalta, which means: It washes the bride. A mortar is called asita, alluding to ḥasirta, which means lacking, since it has a large cavity. The pestle that is inserted into the mortar for pounding its contents is called bukhna, which is an acronym for bo ve’akkena, which means: Come and I will strike it. An outer garment is called levusha, which is an acronym for lo busha, which means no shame, as one who is clothed is no longer ashamed. A broad outer garment is called gelima, an allusion to the fact that, by wearing it, one is transformed into an amorphous golem-like figure, as his limbs are indistinguishable. A beautiful coat is termed golta, which is an acronym for geli ve’eitiv, which means reveal, remove the coat, and only then I will sit, so that the coat will not get dirty. A bed is called purya, an allusion to the fact that people parin veravin, which means procreate, upon it. An empty pit is called bor zinka, which is an acronym for bor ze naki, which means that this pit is empty of water. The head covering of Torah scholars is called sudara, an acronym for sod yareh, which is a reference to the verse: “The counsel of the Lord is with them who fear Him [sod Hashem lire’av]” (Psalms 25:14). A palace is called apadna, which is an acronym for apitḥa dein, meaning: To this entrance all come. The Gemara cites an additional baraita related to the nature of the creatures. There are three creatures that grow mightier with age, and they are the fish, and the snake, and the pig. We learned in the mishna: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb. The school of Rabbi Yannai said it should be explained as follows: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb of a day-old child. The Gemara raises an objection from a baraita: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb and a day-old child. Does this not mean: A small limb of an adult and a large limb of a day-old child? The Gemara rejects this: The school of Rabbi Yannai could have said to you: No, this is what the baraita is saying: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb, and the small limb in question is that of a day-old child. The Gemara suggests: Let us say that this is parallel to a dispute between tanna’im, as it was taught in a baraita: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb and a day-old child; this is the statement of Rabbi Shimon ben Elazar. Rabbi Natan says: Equivalent to that which is used to spread on a small limb. Is it not that they disagree about the following? Rabbi Shimon ben Elazar holds: It refers to a small limb of a small child, and Rabbi Natan holds: The measure for liability is equivalent to that which is used to spread on a small limb of an adult or a large limb of a child, but for a measure equivalent to that which is used to spread on a small limb of a day-old child, no, one is exempt. The Gemara rejects this: No, everyone agrees that for carrying out oil in a measure equivalent to that which is used to spread on a small limb of a day-old child, no, one is exempt, and the opinion of the school of Rabbi Yannai is not accepted. And here, in this baraita, they disagree about this: Rabbi Shimon ben Elazar holds: A small limb of an adult and a large limb of a day-old child are equal to one another, and Rabbi Natan holds: For carrying out oil in a measure equivalent to that which is used to spread on a small limb of an adult, yes, one is liable; however, a large limb of a day-old child, no, he is exempt. The Gemara asks: What conclusion was reached in this matter? Come and hear a proof, as it was taught in a baraita that Rabbi Shimon ben Elazar says explicitly: The measure that determines liability for carrying out oil is equivalent to that which is used to spread on a small limb of a day-old child. We learned in the mishna: The measure that determines liability for carrying out water is equivalent to that which is used to rub and spread on an eye bandage. Abaye said: Now, since, with regard to any substance that is utilized for both common and uncommon uses, the Sages, in their ruling, followed the common usage even as a leniency, i.e., one is liable only for carrying out the larger measure. However, when a substance has different uses and one is common and the other is common as well, the Sages, in their ruling, followed the common use that leads to a stringency, i.e., one is liable for carrying out even the smaller amount. Proof for this principle can be seen in the following examples. Wine, its use for drinking is common and its use for healing is uncommon. The Sages, in establishing the measure that determines liability for carrying out wine, followed its use for drinking, which is common, which led to a leniency. The amount of wine that one typically drinks is greater than the amount of wine used for healing. Milk, its consumption is common and its use for healing is uncommon. The Sages, in establishing the measure that determines liability for carrying out milk, followed its consumption, which is common, as a leniency. Honey, its consumption is common and its use for healing is also common. The Sages, in establishing the measure that determines liability for carrying out honey, followed its use for healing, the smaller amount, as a stringency. However, water, since its drinking is common and its use for healing is uncommon, what is the reason that the Sages followed its use for healing as a stringency? Based on the above principle, the Sages should have determined the measure based on its use for drinking. Abaye said: They taught this halakha in the Galilee where they typically drink wine. There, water is used as commonly for healing as it is for drinking (Tosafot). Rava said: Even if you say that this halakha applies in the rest of the places as well as in the Galilee, the use of water in treating the eye is common, in accordance with the opinion of Shmuel, as Shmuel said: All liquids placed on the eye effect a cure and cloud the vision, except for water which cures and does not cloud the vision. We learned in the mishna: And the measure that determines liability for all other liquids is a quarter of a log. The Sages taught in a Tosefta: The measure that determines liability for carrying out blood and all types of liquids on Shabbat is a quarter of a log. Rabbi Shimon ben Elazar says: The measure that determines liability for blood is less than that. The measure that determines liability for carrying out blood is equivalent to that which is used to apply to one eye, as one applies blood to heal a wart on the eye. The Gemara asks: And what type of blood effects this cure? The blood of a wild chicken. Rabbi Shimon ben Gamliel says: The measure that determines liability for carrying out blood is equivalent to that which is used to apply to one eye, as one applies blood to heal a cataract. And what type of blood effects this cure? The blood of a bat. And a mnemonic to ensure that you do not confuse these cures: Inside for inside, outside for outside. The blood of a bat, which lives in inhabited areas, for the cataract, which is inside the eye; the blood of a wild chicken, which lives outside inhabited areas, for the wart, which is external to the eye. The Gemara cites a Tosefta: In what case are these matters, the measures for the substances in the mishna, stated? They were stated with regard to one who carries them out from one domain to another without ascribing special significance to them. However, with regard to one who stores them, thereby ascribing significance to them, the ruling is that he is liable for carrying out any measure. Rabbi Shimon says: In what case are these matters stated? They were stated with regard to one who stores those amounts. However, if one merely carries them out, he is liable only if he carries out a quarter of a log. And the Rabbis agree with Rabbi Shimon with regard to one who carries out waste water to the public domain that even when one merely carries it out, the measure that determines liability is a quarter of a log. The Master said in the Tosefta: In what case are these matters, the measures for the substances in the mishna, stated? They were stated with regard to one who carries them out from one domain to another without ascribing special significance to them. However, with regard to one who stores them, he is liable for any amount. The Gemara is surprised at this: Isn’t the one who stores also the one who carries out? One is not liable for merely storing. He is liable only for carrying out the stored item. Abaye said: With what are we dealing here? With the case of a student whose teacher said to him: Go and clear for me space for a meal, and he went and cleared space for him and removed the items to another domain. If he cleared an item that is significant to all, he is liable for carrying it out. If he cleared an item that is not significant to all, then, if his teacher had stored it, he is liable for carrying it out, and if his teacher had not stored it, he is not liable for carrying it out, since the student is fulfilling his teacher’s wishes. The Master said in the Tosefta: And the Rabbis agree with Rabbi Shimon with regard to one who carries out waste water to the public domain, that the measure that determines liability is a quarter of a log. The Gemara asks: For what use is waste water fit? Rabbi Yirmeya said: It is used to knead clay. The Gemara asks: If that is its purpose, why is such a large amount required? Was it not taught in a baraita: The measure that determines liability for carrying out clay on Shabbat is equivalent to that which is used to make an opening for the bellows to be placed in a crucible, which is a much smaller measure? The Gemara answers: This is not difficult. This, where the measure for clay is equivalent to that which is used to make an opening for the bellows to be placed in a crucible, is referring to a case where it was already kneaded; that, where the measure for waste water is a quarter of a log to knead clay, is referring to a case where it is not yet kneaded, as a person does not go to the trouble of kneading clay just to make an opening for the bellows to be placed in a crucible. When carrying out water to knead clay, a large amount is required; however, clay that was already prepared is fit for use for smaller objects as well. MISHNA: One who carries out a rope is liable in a measure equivalent to that which is used to form an ear-shaped handle for a basket. The measure that determines liability for carrying out reed grass is equivalent to that which is used to make a loop for hanging a sifter or a sieve. Rabbi Yehuda says: The measure for liability is equivalent to that which is used to take the measure of a shoe for a child, as the reed is used to measure the size of the foot. The measure that determines liability for carrying out paper is equivalent to that which is used to write a tax receipt. And one who carries out a tax receipt itself on Shabbat is liable. The measure that determines liability for carrying out paper from which the writing has been erased and which can no longer be used for writing, is equivalent to that which is used to wrap around a small jar of perfume. The measure that determines liability for carrying out animal hide is equivalent to that which is used to make an amulet. The measure that determines liability for carrying out dokhsostos, a layer of the animal hide, is equivalent to that which is used to write a mezuza. The measure that determines liability for carrying out parchment is equivalent to that which is used to write the shortest portion in the phylacteries, which is the portion of Shema Yisrael. The measure that determines liability for carrying out ink is equivalent to that which is used to write two letters. The measure that determines liability for carrying out blue eye shadow is equivalent to that which is used to paint one eye blue. The measure that determines liability for carrying out glue is equivalent to that which is used to place on the top of a board to catch birds. The measure that determines liability for carrying out tar and sulfur is equivalent to that which is used to seal a hole in a vessel and to make a small hole in that seal. The measure that determines liability for carrying out wax is equivalent to that which is used to place on the opening of a small hole to seal it. The measure that determines liability for carrying out crushed earthenware is equivalent to that which is used to knead and make from it an opening for the bellows to be placed in a gold refiners’ crucible. Rabbi Yehuda says: Equivalent to that which is used to make a small tripod [pitput] for the crucible. The measure that determines liability for carrying out bran is equivalent to that which is used to place on the hole of a gold refiners’ crucible. The measure that determines liability for carrying out lime is equivalent to that which is used to spread as a depilatory on the smallest of girls. Rabbi Yehuda says: Equivalent to that which is used to spread on the hair that grows over the temple so that it will lie flat. Rabbi Neḥemya says: Equivalent to that which is used to spread on the temple to remove fine hairs. GEMARA: We learned in the mishna: The measure that determines liability for carrying out a rope is equivalent to that which is used to form an ear-shaped handle for a basket. The Gemara asks: In the case of rope, too, let one be liable for carrying out a measure equivalent to that which is used to make a loop for hanging a sifter or a sieve, as he is with a reed. The Gemara answers: Since rope is tough and would cut grooves in the vessel, people do not make loops from it. The Sages taught: The measure that determines liability for carrying out hard palm leaves is equivalent to that which is used to make an ear-shaped handle for an Egyptian wicker basket, which is made from woven palm branches. Aḥerim say: The measure that determines liability for carrying out bast is equivalent to that which is used to place on the opening of a small funnel to filter the wine. The measure that determines liability for carrying out fat is equivalent to that which is used to smear beneath a small cake. And how much is its measure? Equivalent to the size of a sela. The Gemara asks: Was it not taught in a baraita that its measure is equivalent to a dried fig? The Gemara answers: This, the width of a sela, and that, the volume of a dried fig, are one measure. The measure that determines liability for carrying out soft material is equivalent to that which is used to make a small ball. And how much is its measure? It is like the size of a nut. We learned in the mishna: The measure that determines liability for carrying out paper is equivalent to that which is used to write a tax receipt. A tanna taught in a Tosefta: How much is the measure of a tax receipt? Enough to write two letters characteristic of a tax receipt, which are larger than regular letters. And the Gemara raises a contradiction: One who carries out blank paper; if it has space equivalent to that which is used to write two letters, he is liable, and if not, he is exempt. That paper is smaller than a tax receipt. Rav Sheshet said: What are the two letters taught in the Tosefta? Two letters of a tax receipt. Rava said: The Tosefta can even be explained as referring to two standard-size letters of ours and blank space with which to hold the paper on which the text is written, which is the size of a tax receipt. The Gemara raises an objection: One who carries out paper from which the writing has been erased or a promissory note whose debt has been repaid, if there is in its white section, the space with no text, equivalent to that which is used to write two letters, or if the entire paper is equivalent to that which is used to wrap around a small jar of perfume, he is liable; and if not, if it is smaller, he is exempt. The Gemara elaborates: Granted, according to Rav Sheshet, who said: What are the two letters taught in the Tosefta, two letters of a tax receipt, it works out well. However, according to Rava, who said: Two standard-size letters of ours and blank space with which to hold the paper on which the text is written, which is the size of a tax receipt, here, on this paper or document, blank space with which to hold the paper is not necessary, as one can hold it on the erased part or on the text of the voided promissory note. Nevertheless, the measure for liability in the Tosefta for carrying out paper from which the writing was erased is no smaller. The Gemara concludes: Indeed, it is difficult. The Sages taught in a Tosefta: One who carries out a tax receipt on Shabbat before he has shown it to the tax collector, and he still needs it, is liable for carrying out on Shabbat. Once he has shown it to the tax collector he is exempt, as it has no significance. Rabbi Yehuda says: Even once he has shown it to the tax collector he is liable because there will be a time when he needs it. The Gemara asks: What is the practical difference between their opinions? Abaye said: There is a practical difference between their opinions with regard to tax runners. Occasionally, the tax collectors send inspectors after those who already passed the tax audit in order to verify that they indeed paid. In that case, even though one already showed it to the original tax collector, he will be required to produce it again. Rava said: There is a practical difference between their opinions with regard to a senior tax collector and a junior tax collector. Sometimes, when the first tax collector that one encounters is a minor official, he will need to keep the receipt with him and produce it if he encounters a more senior official. Rav Ashi said: There is a difference between them even in a case where there is just one tax collector. Nevertheless, it is to his advantage to keep it in his possession because he needs it to show it to a second tax collector whom he may encounter in the future, as he says to him: Look, I am a man trusted by the tax collector. The document in his possession proves that he is on good terms with the tax authorities. The Sages taught: One who carries out a promissory note on Shabbat before he repaid the debt is liable; however, once he repaid it, he is exempt. Rabbi Yehuda says: Even once he repaid the debt, he is liable for carrying out the document because he needs it. The Gemara asks: What is the practical difference between their opinions? Rav Yosef said: There is a practical difference between their opinions with regard to the halakha whether or not it is prohibited to keep a repaid promissory note in one’s possession. The Rabbis hold: It is prohibited to keep a repaid promissory note in one’s possession, so that the creditor will not use it to collect the debt a second time. Since it is prohibited to keep a repaid promissory note, the document has no value. And Rabbi Yehuda holds: It is permitted to keep a repaid promissory note in one’s possession and use it as paper. Abaye said: Everyone agrees that it is prohibited to keep a repaid promissory note in one’s possession, and here they disagree with regard to the question whether or not, in a case where a debtor admits that he wrote a promissory note, the creditor must ratify it in court. The first tanna holds: When a debtor admits that he wrote a promissory note, the creditor must ratify it in court to confirm that it is not a forgery. If it cannot be ratified, the debtor can claim that he already repaid the debt. And Rabbi Yehuda holds: When a debtor admits that he wrote a promissory note, the creditor need not ratify it in court and can collect his debt without ratification. The document is considered more reliable than the debtor’s claims. And what is the meaning of: Before he repaid the debt and once he repaid it? It means: Until the debtor says: I repaid the debt, or, I did not repay the debt. If the debtor says: I repaid the debt in the promissory note and there are no witnesses to ratify the document in court, the document has no value. That is the opinion of the Rabbis who hold that an unratified document cannot force a debtor to pay. According to Rabbi Yehuda, who holds that a document need not be ratified, the debtor’s claim that he repaid the debt is not accepted and the creditor can collect his debt with the unratified promissory note. Rava said: Everyone agrees that when a debtor admits that he wrote a promissory note, the creditor must ratify it in court. And here, it is with regard to the question whether or not one writes a receipt that they disagree. The first tanna holds: One writes a receipt for a promissory note that was repaid. Since the debtor has the receipt in his possession, the creditor may keep the note and use it as paper. And Rabbi Yehuda holds: One does not write a receipt. Therefore, the creditor is required to return the note to the debtor immediately upon repayment of the debt. It is in the interest of the debtor to destroy the document, and he has no reason to keep it. Rav Ashi said: The dispute is with regard to a case where the debtor carried out the promissory note into the public domain. Rabbi Yehuda said he is liable because he needs the repaid document to show it to a second creditor, as he says to him: Look, I am a man who repays his debts. We learned in the mishna: The measure that determines liability for carrying out animal hide is equivalent to that which is used to make an amulet. Rava raised a dilemma before Rav Naḥman: With regard to one who carries out animal hide, how much must he carry out on Shabbat in order to be liable? He said to him, it is as we learned in the mishna: The measure that determines liability for carrying out animal hide is equivalent to that which is used to make an amulet. He raised another dilemma: With regard to one who tans that hide, how much must he tan in order to be liable? He said to him: It is no different, the same measure. He raised another dilemma: With regard to one who carries out animal hide to tan it, how much must he carry out on Shabbat in order to be liable? He said to him: It is no different. And from where do you derive and say that there is no difference whether or not the hide one carries out is tanned? As we learned in a mishna: With regard to one who whitens, and one who combs, and one who dyes, and one who spins, the measure of wool for which one is liable in performing those prohibited labors is double the full width of the distance between the forefinger and the middle finger. And the measure that determines liability for one who weaves two threads is double the full width of the distance between the forefinger and the middle finger. Apparently, since the wool is designated for spinning, the measure for which one is liable for whitening, combing, and dyeing is equal to the measure for which one is liable for weaving that spun thread. Here too, since it is designated for tanning, its measure that determines liability for carrying it out into the public domain is equal to the measure that determines liability for carrying out tanned hides. Rava raised another dilemma: With regard to one who carries out animal hide and has no intention to tan it, how much must he carry out on Shabbat in order to be liable? He said to him: It is no different. Rava asked: And is there no halakhic difference between carrying out tanned hides and carrying out hides that are not tanned? He raised an objection to him based on a baraita: One who carries out herbs that were soaked in water and ready for use as a dye is liable if he carried out a measure equivalent to that which is used to dye a sample the size of a stopper for the shuttle of a loom. While with regard to herbs that were not soaked, we learned in a mishna: The measure that determines liability for carrying out nutshells, and pomegranate peels, and for carrying out safflower, and madder, which are herbs used as dyes, is equivalent to that which is used to dye a small cloth to cover the opening of a woman’s hair net. Apparently, the measure for which one is liable for carrying out raw materials is greater than the measure for which one is liable for carrying out prepared dyes. The Gemara answers: But wasn’t it stated with regard to that mishna that Rav Naḥman said that Rabba bar Avuh said: Because a person does not go to the trouble to soak herbs just to dye a sample for the shuttle of a loom? As a rule, there is no distinction between finished and unfinished products. The case of dye is different, as people do not typically prepare dyes in amounts that small. Therefore, even though that size is significant in and of itself, he is exempt for carrying them out. He asked further: And with regard to seeds of garden plants before one sowed them, we learned in a mishna: The measure that determines liability for carrying out seeds of garden plants is less than a dried fig-bulk. Rabbi Yehuda ben Beteira says: He is liable if he carries out five seeds. While with regard to carrying out seeds after he sowed them, we learned in a mishna: The measure that determines liability for carrying out manure or fine sand is equivalent to that which is used to fertilize one stalk of cabbage with it; this is the statement of Rabbi Akiva. And the Rabbis say: The measure that determines liability for carrying it out is equivalent to that which is used to fertilize a leek. Apparently, after the seed was sown, the measure for liability is one plant. Before it is sown, the measure is at least five. The Gemara answers: As a rule, there is no distinction between an object that was processed and one that was not. However, this case is different. Wasn’t it stated with regard to that halakha that Rav Pappa says that there is a distinction between this, where one is liable for carrying out one plant, and the mishna is referring to a case where it is already sown; and that, where one is only liable for carrying out at least five, and the mishna is referring to a case where it is not yet sown, because a person does not go to the trouble to carry out just one seed for sowing? He asked further: And with regard to clay before one kneads it, it was taught in a baraita: And the Rabbis agree with Rabbi Shimon with regard to one who carries out waste water to the public domain, that the measure that determines liability is a quarter of a log. And we discussed this question: For what use is waste water fit? Rabbi Yirmeya said: It is used to knead clay. Apparently, the measure that determines liability for the raw material is the amount kneaded with a quarter of a log of waste water to form clay. While with regard to clay after one kneads it, it was taught in a baraita: With regard to clay, the measure for liability is equivalent to that which is used to make an opening for the bellows to be placed in a crucible, which is a small amount. The Gemara answers: There too, it is as we stated: Because a person does not go to the trouble of kneading clay just to make an opening for the bellows to be placed in a crucible. In order to resolve the dilemma with regard to the measure that determines liability for carrying out an animal hide on Shabbat, the Gemara states: Come and hear a halakha that Rabbi Ḥiyya bar Ami said in the name of Ulla: There are three hides, i.e., three stages in the process of tanning hides, and at each stage it is known by a different name: Matza, and ḥifa, and diftera. Matza, as per its plain meaning, with no additives. It is not salted, and not treated with flour, and not treated with gallnuts. And how much is the measure that determines liability for carrying out that hide on Shabbat? Rav Shmuel bar Rav Yehuda taught: It is equivalent to that which is used to wrap around a small weight. And how big is this small weight? Abaye said: A quarter of a quarter of a litra in the system of weights in use in Pumbedita. Ḥifa is hide that is salted, and not treated with flour, and not treated with gallnuts. And how much is the measure that determines liability for carrying out that hide on Shabbat? As we learned in the mishna: The measure that determines liability for carrying out animal hide is equivalent to that which is used to make an amulet. Diftera is hide that is salted, and treated with flour, and not treated with gallnuts. And how much is the measure that determines liability for carrying out that hide on Shabbat? The measure that determines liability for carrying it out is equivalent to the amount which is used to write a bill of divorce on it. In any case, it was taught that before it is tanned the measure for liability is equivalent to that which is used to wrap around a small weight. And Abaye said: A quarter of a quarter of a litra in the system of weights in use in Pumbedita. That is not the same as the measure that determines liability for a tanned hide, which is equivalent to that which is used to make an amulet. The Gemara answers: There, it is referring to wet hide just flayed that was left out to dry in the sun and is suitable only for wrapping around a weight (Rabbeinu Ḥananel). However, for carrying out tanned hide, his measure for liability is equivalent to that which is used to make an amulet. The Gemara raises another difficulty: And didn’t we learn in a mishna: The garment must be at least three by three handbreadths to become impure with ritual impurity imparted by treading? And the sack made from goat hair must be at least four by four handbreadths. And the animal hide must be five by five, and a mat must be six by six. Those are the minimum measures for becoming a primary source of ritual impurity by means of both ritual impurity imparted by treading and ritual impurity imparted by a corpse. And it was taught in the Tosefta with regard to that mishna: With regard to the garment and the sack and the hide; like the measure for ritual impurity, so too is the measure for carrying out on Shabbat. That is significantly larger than the measure for liability cited in the mishna for carrying out hide. The Gemara answers: That Tosefta is referring to kortovela, which is hide that was tanned in a manner that rendered it unfit for writing or wrapping. It is used for covering vessels and other similar uses (Rambam). We learned in the mishna: The measure that determines liability for carrying out parchment is equivalent to that which is used to write the shortest portion in the phylacteries. And the Gemara raised a contradiction from that which was taught: The measure that determines liability for carrying out parchment and dokhsostos is equivalent to that which is used to write a mezuza on it. The Gemara asks: What is the meaning of mezuza in this context? It means those Torah portions of the mezuza that also appear in the phylacteries. The Gemara asks: And are the phylacteries called mezuza? The Gemara answers: Yes, as it was taught in a baraita: The straps of the phylacteries, when they are with the phylacteries, render the hands ritually impure as is the case with regard to contact with any sacred texts. When they are on their own, they do not render the hands ritually impure. Rabbi Shimon ben Yehuda says in the name of Rabbi Shimon: One who touches the strap of the phylacteries remains ritually pure even if it is attached to the phylacteries, unless he touches the actual box of the phylacteries. Rabbi Zakkai says in Rabbi Shimon’s name: One remains ritually pure until he touches the mezuza itself. Apparently the Torah portions in phylacteries are called mezuza. The Gemara asks: And from the fact that the latter clause of the mishna teaches: The measure that determines liability for carrying out parchment is equivalent to that which is used to write the shortest portion in the phylacteries, which is the portion of Shema Yisrael, by inference, in the first clause of the mishna we are dealing with a mezuza itself. Rather, this is what it teaches: With regard to parchment and dokhsostos, how much is the measure that determines liability for carrying them out? The measure that determines liability for carrying out dokhsostos is equivalent to that which one uses to write a mezuza on it. The measure that determines liability for carrying out parchment is equivalent to that which one uses to write on it the shortest passage that is in the phylacteries, which is Shema Yisrael. Rav said: Dokhsostos has the same legal status as parchment: Just as one may write the portions of the phylacteries on parchment, so too, one may write the portions of the phylacteries on dokhsostos. The Gemara asks, we learned in the mishna: The measure that determines liability for carrying out parchment is equivalent to that which is used to write the shortest portion in the phylacteries, which is the portion of Shema Yisrael. By inference: Parchment, yes, the portions of the phylacteries may be written on it. Dokhsostos, no, the portions of the phylacteries may not be written on it. The Gemara answers: That is no proof, as the mishna is referring to the optimal manner in which to fulfill the mitzva, i.e., writing the portions of the phylacteries on parchment. However, one fulfills the mitzva by writing on dokhsostos as well. Come and hear that which was taught in a baraita: It is a halakha transmitted to Moses from Sinai that the portions of the phylacteries are written on parchment, and a mezuza is written on dokhsostos. When writing on parchment, one writes on the side of the hide that faced the flesh; on dokhsostos, one writes on the side of the hide on which there was hair. This contradicts the opinion of Rav, who said that phylacteries may be written on dokhsostos. The Gemara answers: The baraita is also referring to the optimal manner in which to fulfill the mitzva. The Gemara asks: And wasn’t it taught in a baraita that if one deviated and wrote on something else it is invalid, indicating that the portions of the phylacteries may not be written on anything other than parchment? The Gemara rejects this: This baraita is referring to a mezuza, which is invalid if written on parchment. The Gemara asks: But was it not taught in a different baraita: If one deviated in this, phylacteries, and that, mezuza, it is invalid? The Gemara rejects this: Both this and that are referring to a mezuza, and this additional invalidation is in a case where one deviated and wrote it on parchment, on the side that faced the hair; or, alternatively, where he deviated and wrote it on dokhsostos, on the side that faced the flesh. And, if you wish, say instead: Actually, this and that are referring to phylacteries and a mezuza. However, the halakha with regard to a case where one deviated in this and that is subject to a tannaitic dispute, as it was taught in a baraita: If one deviated in this and that it is invalid. Rabbi Aḥa deems it valid in the name of Rabbi Aḥai bar Ḥanina, and some say in the name of Rabbi Ya’akov, son of Rabbi Ḥanina. Rav Pappa said: Rav said his statement in accordance with the opinion of the tanna from the school of Menashe. As it was taught in the school of Menashe: If one wrote it on paper or on a cloth it is invalid. However, if one wrote it on parchment or on a hide that was treated with gallnuts [gevil] or on dokhsostos it is valid. The Gemara elaborates: If he wrote it; wrote what? If you say that it is referring to a mezuza, do we write a mezuza on parchment? Rather, isn’t it referring to phylacteries? Apparently, as Rav said, there are Sages who hold that the portions of the phylacteries may be written on dokhsostos. The Gemara rejects this: And according to your reasoning, do we write phylacteries on gevil? Rather, that baraita was taught with regard to a Torah scroll. The Gemara comments: Let us say that the following supports the opinion of Rav: Similarly, phylacteries that became tattered and a Torah scroll that became tattered, one may not make them into a mezuza, despite the fact that identical Torah portions appear in all three. This is prohibited because one does not downgrade from a level of greater sanctity, i.e., a Torah scroll or phylacteries, to a level of lesser sanctity, i.e., a mezuza. The Gemara infers: The reason that one may not do so is because one does not downgrade. However, if the halakha were that one does downgrade, one would make a mezuza from phylacteries. The Gemara elaborates: On what is the portion of the phylacteries written? Isn’t it written on dokhsostos? This supports the opinion of Rav. The Gemara answers: No, the portion of the phylacteries is written on parchment. The Gemara asks: If so, how could a mezuza be made from it? Do we write a mezuza on parchment? The Gemara answers: Yes, as it was taught in a baraita: If one wrote a mezuza on parchment, or on paper, or on a cloth, it is invalid. Rabbi Shimon ben Elazar said: Rabbi Meir would write it on parchment, as it is thereby better preserved. Apparently, even a mezuza may be written on parchment, and there is no proof from the previous baraita. In reaction to the previous baraita, the Gemara comments: Now that you have arrived at this opinion that a mezuza may be written on both dokhsostos and parchment, according to Rav, as well, do not say: Dokhsostos has the same legal status as parchment with regard to phylacteries; rather, say: Parchment has the same legal status as dokhsostos. Just as on dokhsostos, one may write a mezuza, so too, on parchment, one may write a mezuza, in accordance with the opinion of Rabbi Meir. We learned in the mishna: The measure that determines liability for carrying out ink is equivalent to that which is used to write two letters. A tanna taught in a Tosefta: The measure that determines liability for carrying out ink is equivalent to that which is used to write two letters when he carries out dried ink, and two letters when the ink is in the quill, and two letters in the inkwell [kalmarin]. Rava raised a dilemma: What is the halakha if one carried out sufficient ink to write one letter in the form of dried ink, and sufficient ink to write one letter in the quill, and sufficient ink to write one letter in the inkwell? Do they join together to constitute the measure for liability, or is each considered separately? No resolution was found for this dilemma. Therefore, let it stand unresolved. Rava said: One who carried out a measure of ink equivalent to that which is used to write two letters on Shabbat, and he wrote two letters as he walked, even though he did not place the written material in the public domain, he is liable for carrying out the ink. Their writing is their placement. He is liable even without placing the ink on the ground. And Rava said: One who carried out sufficient ink to write one letter and he wrote it, and then proceeded to carry out sufficient ink to write one more letter and he wrote it, is exempt. What is the reason that he is exempt? At the time that he carried out the last drop of ink, he was lacking the first measure of ink. The ink that he carried out first dried slightly in the interim and not enough remained to write one letter. And Rava said with regard to a similar issue: One who carried out half of a dried fig on Shabbat and placed it in a different domain, and proceeded to carry out another half of a dried fig and placed it, the first becomes as one that was snatched by a dog or burned and he is exempt, as he did not carry out the measure of a dried fig for which he would be liable. The Gemara wonders: And why is he exempt; isn’t an entire dried fig placed together? Why isn’t he liable for carrying it out? The Gemara explains: This is what Rava is saying: And if he lifted the first half-fig first before placement of the second, i.e., the two half-figs were never placed together, the first becomes as one that was snatched by a dog or burned and he is exempt. And Rava said: One who carried out half of a dried fig on Shabbat and placed it in a different domain, and proceeded to carry out another half of a dried fig and passed the second half-fig over the already placed first half-fig, is liable even though they were never placed together. The Gemara asks: And why is he liable? The second half-fig did not come to rest. The Gemara answers: It is referring to a case where he passed the second half-fig within three handbreadths of the first half-fig. The halakha is that objects less than three handbreadths apart are considered attached. The Gemara asks: And didn’t Rava himself say: An object that passes within three handbreadths of the ground, according to the opinion of the Rabbis, must come to rest atop some defined place and if it does not it is not considered placed? The Gemara answers: This is not difficult. Here, where Rava said that it must actually come to rest, it is referring to one who throws the object; here, where proximity alone is sufficient to render him liable, it is referring to one who passes an object in his hand, since he can place the object down at any point. The Sages taught: One who carried out half of a dried fig into the public domain on Shabbat and proceeded to carry out another half of a dried fig, within one lapse of awareness, is liable; within two lapses of awareness, he is exempt because in neither lapse did he carry out a measure that would render him liable. Rabbi Yosei says: If he carried out the half-figs within one lapse of awareness to one domain he is liable; to two domains he is exempt. If he carried the two half-figs to two separate sections of the public domain, he is exempt because there is no permitted manner to unite the two halves. Rabba said with regard to Rabbi Yosei’s statement: That is only in a case where there is an area in which there is liability to bring a sin-offering between them. It only applies in a case where there is a private domain between the two sections of the public domain and carrying between them is prohibited by Torah law. However, if the two sections of the public domain were separated by a karmelit, no, he would not be exempt. In that case, there is no Torah prohibition against carrying between the two sections of the public domain through the karmelit, and by Torah law they are not considered separate. Abaye said: Even if they were separated by a karmelit it is not considered one domain, and he is exempt. However, if the two sections were separated by a large beam, no, they are not considered separate. And Rava said: Even if the two sections were separated by a large beam, according to Rabbi Yosei, they are considered separate and he is exempt. The Gemara comments: And Rava follows his line of reasoning stated elsewhere as Rava said: The definition of domain for Shabbat is like the definition of domain for bills of divorce. Just as with regard to bills of divorce, two areas separated by a beam are not considered one domain, so too, with regard to the halakhot of Shabbat, they are not considered one domain. We learned in the mishna: The measure that determines liability for carrying out blue eye shadow is equivalent to that which is used to paint one eye blue. The Gemara asks: How could the mishna say one eye? Women do not paint only one eye blue. Rav Huna said: Because modest women, who cover their faces with a veil, paint only the one eye that shows blue. The Gemara raises an objection from a baraita: Rabbi Shimon ben Elazar says: For carrying out blue eye shadow, if it is used for healing, the measure for liability is equivalent to that which is used to paint one eye blue; if it is used to adorn the eye, the measure that determines liability for carrying out is equivalent to that which is used for two eyes. Hillel, son of Rabbi Shmuel bar Naḥmani, explained it: When this baraita was taught it was in reference to village women. Because immodest behavior is less common there, women do not customarily cover their faces. We learned in the mishna: The measure that determines liability for carrying out wax is equivalent to that which is used to place on the opening of a small hole to seal it. A tanna taught in a Tosefta: Enough to place on the opening of a small hole in a receptacle holding wine. The size of a hole that enables pouring wine is smaller than the size of the hole required when pouring more viscous liquids. We learned in the mishna: The measure that determines liability for carrying out glue is equivalent to that which is used to place on the top of a board [shafshaf]. The Sages taught: This means an amount equivalent to that which is used to place on the top of a board that is attached to the top of a hunter’s rod. Hunters would spread glue to trap the birds that land on the board. We learned in the mishna: The measure that determines liability for carrying out tar and sulfur is equivalent to that which is used to seal a hole in a vessel and to make a small hole in that seal. Tar and sulfur were used to seal large cavities in jars. Holes were sometimes made in those seals. A tanna taught in a Tosefta: One is liable for carrying out a measure equivalent to that which can be used to make a large hole into a small hole. We learned in the mishna: The measure that determines liability for carrying out crushed earthenware is equivalent to that which is used to knead and make an opening for the bellows to be placed in a gold refiners’ crucible. Rabbi Yehuda says: An amount equivalent to that which is used to make a small tripod for the crucible. The Gemara wonders: Is that to say that the measure of Rabbi Yehuda is greater? Don’t we maintain that the measure of the Rabbis is greater, as we learned in a mishna that Rabbi Yehuda says with regard to reeds: The measure for liability is equivalent to that which is used to take the measure of a shoe for a child? That is smaller than the measure determined by the Rabbis. The Gemara answers: Here too, say it does not mean sufficient material to make the entire tripod, but to plaster the cracks in the small tripod of a small stove, which requires a minimal amount of plaster. We learned in the mishna: The measure that determines liability for carrying out bran is equivalent to that which is used to place on the opening of a gold refiners’ crucible. The Sages taught: One who carries out hair is liable in a measure equivalent to that which is used to knead clay with it, as hair would be mixed with clay to reinforce it. The measure that determines liability for carrying out clay is if it is sufficient to make an opening for the bellows to be placed in a gold refiners’ crucible. We learned in the mishna: The measure that determines liability for carrying out lime is equivalent to that which is used to spread as a depilatory on the smallest of girls. A tanna taught in a Tosefta: In a measure equivalent to that which is used to spread on the finger of the smallest of girls, who would use lime to soften and pamper the skin. Rav Yehuda said that Rav said that initially, lime was used for a different purpose. It was used for daughters of Israel who reached physical maturity, but had not yet reached the age of maturity, and women who sought to remove hair for cosmetic purposes. They would smear daughters of the poor with lime; they would smear daughters of the wealthy with fine flour; they would smear daughters of kings with shemen hamor, as it was stated: “For so were the days of their anointing filled, six months with shemen hamor (Esther 2:12). The Gemara asks: What is shemen hamor? Rav Huna bar Ḥiyya said: Setaket. Rav Yirmeya bar Abba said: It is olive oil extracted from an olive that has not yet reached a third of its growth; the acidic oil is effective as a depilatory. It was taught in a baraita: Rabbi Yehuda says that anfiknon is olive oil from an olive that has not reached a third of its growth. And why is it spread on the body? Because it removes the hair and pampers the skin. With regard to lime, the Gemara relates: Rav Beivai had a daughter. He smeared her with lime limb by limb and, as a result, she became so beautiful that when marrying her off, he received four hundred zuz in gifts for her beyond her dowry. There was a certain gentile in Rav Beivai’s neighborhood. He had a daughter and wanted to do the same. He smeared her entire body with lime at one time and she died. He said: Rav Beivai killed my daughter. Rav Naḥman said: Rav Beivai, who drinks beer, his daughters require that they be smeared with lime, as beer causes hair growth; we, who do not drink beer, our daughters do not require that they be smeared with lime. We learned in the mishna: Rabbi Yehuda says: An amount equivalent to that which is used to spread on the hair that grows over the temple [kilkul] so that it will lie flat. Rabbi Neḥemya says: An amount equivalent to that which is used to spread on the temple [andifi] to remove fine hairs. The Gemara asks: What is kilkul and what is andifi? Rav said: The temple and the area beneath the temple. The Gemara asks: Is that to say that the measure of Rabbi Yehuda is greater? Don’t we maintain that the measure of the Rabbis is greater? The Gemara answers: Rabbi Yehuda’s measure is smaller than that of the Rabbis and greater than the measure of Rabbi Neḥemya. The Gemara raises an objection from a baraita where Rabbi Yehuda HaNasi said: The statement of Rabbi Yehuda and his measure appear to be correct with regard to dissolved lime, and the statement of Rabbi Neḥemya appears to be correct with regard to blocks of lime. And if it should enter your mind that these terms refer to the temple and the area beneath the temple, both that which is spread on this, kilkul, and that which is spread on that, andifi, are referring to dissolved lime. Rather, Rabbi Yitzḥak said that the school of Rabbi Ami said: When Rav Neḥemya said andifi he meant a’andifa, meaning the lime which was spread on the inside of earthenware vessels containing wine. Rav Kahana strongly objected to this: And does a person turn his money into a loss [anparot]? In doing so, he ruins both the lime and the wine. Rather, Rav Kahana said: This lime is not placed inside the vessel, but it is used to make markings on the outside of the vessel to measure the contents of the vessel, as we learned in a mishna: In the Temple, there were markings on the hin vessel to measure wine. These would indicate that when it is filled to here, that is the measure of wine required for the libation of the sacrifice of an ox, half a hin; when it is filled to here, the measure of wine required for the libation of the sacrifice of a ram, a third of a hin; when it is filled to here, the measure of wine required for the libation of the sacrifice of a sheep, a quarter of a hin. And if you wish, say instead: What is andifa? It is the forehead upon which lime is smeared, not to remove hairs, but to pamper and soften the skin. Thick lime can be used for this purpose. And proof for that is cited from a certain Galilean who happened to come to Babylonia, to whom they said: Stand and teach us the esoteric Act of the Divine Chariot [Ma’aseh Merkava]. He said to them: I will teach it to you as Rabbi Neḥemya taught it to his colleague. And a hornet emerged from the wall and stung him on his forehead [andifi] and he died. Apparently, andifi means forehead. And with regard to the incident itself, they said about him, in a play on words: From his own, that came to him [min dilei da lei]. He was punished for his arrogance in seeking to teach Ma’aseh Merkava publicly. MISHNA: The measure that determines liability for carrying out earth on Shabbat is equivalent to the seal of large sacks; this is the statement of Rabbi Akiva. Earth was used to seal the openings of sacks so that any tampering would be evident. And the Rabbis say: The measure for liability is much smaller, equivalent to the seal of letters. The measure that determines liability for carrying out manure and fine sand is equivalent to that which is used to fertilize one stalk of cabbage; this is the statement of Rabbi Akiva. And the Rabbis say: The measure that determines liability for carrying it out is equivalent to that which is used to fertilize a leek, which is less than that used for cabbage. The measure that determines liability for carrying out coarse sand is equivalent to that which is used to place on a full spoon of plaster. The measure that determines liability for carrying out a reed is equivalent to that which is used to make a quill. And if the reed was thick and unfit for writing, or if it was fragmented, its measure for liability is equivalent to that which is used to cook an egg most easily cooked, one that is already beaten and placed in a stew pot. GEMARA: We learned in the mishna: The measure that determines liability for carrying out coarse sand is equivalent to that which is used to place on a full spoon of plaster. A tanna taught in a Tosefta: An amount equivalent to that which is placed on the opening of a plasterer’s trowel, and not on a spoon used for eating. The Gemara asks: Who is the tanna who holds that sand is beneficial for plaster and is, therefore, mixed with it? Rav Ḥisda said: It is Rabbi Yehuda, as it was taught in a baraita: In mourning the destruction of the Temple, one may not plaster his house with plaster, which is white, unless he mixed straw or sand in it, which will make the color off-white and less attractive. Rabbi Yehuda says: Straw is permitted, but sand is prohibited because when mixed with plaster it forms white cement [teraksid]. Apparently, Rabbi Yehuda holds that sand is typically mixed with plaster. Rava said: Even if you say that our mishna is in accordance with the opinion of the Rabbis who disagree with Rabbi Yehuda, we can say that its ruination is its improvement. Even though the Rabbis hold that mixing sand with plaster is not beneficial, since following the destruction of the Temple only partially ruined plaster may be used, adding sand to plaster enables its use. We learned in the mishna: The measure that determines liability for carrying out a reed is equivalent to that which is used to make a quill. The size of the quill was not specified. A tanna taught in a Tosefta: This refers to a quill that reaches to the joints of one’s fingers. Rav Ashi raised a dilemma: Is this referring to the upper joint of the fingers, or the lower joint? No resolution was found to this dilemma, and therefore let it stand unresolved. We learned in the mishna: And if the reed was thick and unfit for writing, it is considered as fuel, and its measure for liability is equivalent to that which is used to cook a beaten egg. A tanna taught in a Tosefta: Beaten means beaten in oil and placed in a stew pot. Mar, son of Ravina, said to his son: Have you heard what an egg cooked easily is? He said to him: The egg of a turtledove. He asked his father: What is the reason? Is it because it is small? If so, say the egg of a sparrow. He was silent and had no explanation. He subsequently asked his father: Have you heard anything about this? He said to him that Rav Sheshet said as follows: This refers to the egg of a chicken. And what is the reason that they call it an egg cooked easily? Because the Sages estimated that there is no egg easier to cook than the egg of a chicken. He asked his father: And what is different about this measure? All measures of prohibited labors on Shabbat involving food are a dried fig-bulk, and here the measure is like an egg cooked easily? He said to him that Rav Naḥman said as follows: He is liable for carrying out a dried fig-bulk from an egg cooked easily, not the entire egg. MISHNA: The measure that determines liability for carrying out a bone is equivalent to that which is used to make a spoon. Rabbi Yehuda says: In a measure equivalent to that which is used to make from it a key. The measure that determines liability for carrying out glass is equivalent to that which is used to scrape and smooth the top of a bobbin, a sharpened stick used by weavers. The measure that determines liability for carrying out a pebble or a stone is equivalent to that which is used to throw at a bird to chase it away. Rabbi Elazar bar Ya’akov says: Equivalent to that which is used to throw at an animal, which is larger. GEMARA: The Gemara asks: Is that to say that the measure of Rabbi Yehuda is greater? Don’t we maintain that the measure of the Rabbis is greater? Ulla said: Rabbi Yehuda did not refer to the entire key, but to the teeth of a key. With regard to the above, the Gemara cites that which the Sages taught in a baraita: The teeth of a key are ritually pure, and they cannot become impure when separate from the key, as they have no function on their own. However, if one affixed them to a key, they can become ritually impure as part of a utensil. And teeth of a lock, even though one attached them to the door and affixed them with nails, are ritually pure, as anything attached to the ground has the same legal status as the ground itself, which cannot become ritually impure. We learned in the mishna: The measure that determines liability for carrying out glass is equivalent to that which is used to scrape and smooth the top of a bobbin. A tanna taught that halakha in a Tosefta in a different manner: The measure that determines liability for carrying out glass is equivalent to that which is used to cut two threads at once, as a glass shard can be used in place of a knife. We learned in the mishna: The measure that determines liability for carrying out a pebble or a stone is equivalent to that which is used to throw at a bird to chase it away. Rabbi Elazar ben Ya’akov says: Equivalent to that which is used to throw at an animal. Rabbi Ya’akov said that Rabbi Yoḥanan said: And that is only if the stone is large enough that the animal feels it. And how much is the measure of that stone? It was taught in a baraita: Rabbi Elazar ben Ya’akov says: A weight of ten zuz. The Gemara relates: Zunin entered the study hall and said to the Sages: My teachers, with regard to stones that may be moved on Shabbat for wiping in the bathroom, how much is their measure? They said to him: Stones of only three sizes may be moved for that purpose: An olive-bulk, a nut-bulk, and an egg-bulk. He said to them: And will he take scales [turtani] into the bathroom to weigh each stone? They were counted and the Sages concluded that one need not measure the stones. He simply takes a handful of stones. It was taught in a baraita: Rabbi Yosei says the measure of bathroom stones is an olive-bulk, a nut-bulk, and an egg-bulk. Rabbi Shimon, son of Rabbi Yosei, says in the name of his father: One need not measure the stones. He simply takes a handful of stones. Our Sages taught in a baraita with regard to Shabbat: Three sharpened stones may be taken into the bathroom. And what is their measure? Rabbi Meir says: A nut-bulk; Rabbi Yehuda says: An egg-bulk. Rafram bar Pappa said that Rav Ḥisda said: Like the dispute here, so too, there is a dispute between these Sages with regard to the minimum size of a citron. The Gemara is surprised at the comparison. Why does the Gemara cite this baraita as a mnemonic to recall the dispute about the size of a citron? There, with regard to a citron, it is a mishna that is known by all; here it is a baraita, which is more obscure and more likely to require a mnemonic and a comparison to a more popular source. Rather, the phrasing is reversed: Like the dispute with regard to a citron, so too, there is a dispute here. Rav Yehuda said: However, one may not move the payis for use in a bathroom. The Gemara asks: What is the meaning of payis? Rabbi Zeira said: It refers to clods of Babylonian earth, which is soft and flaky. Rava said: It is prohibited to manipulate the anus with a stone on Shabbat to help discharge bodily functions in the manner that one manipulates it on weekdays. Mar Zutra strongly objected to this: According to Rava, should one endanger himself by refraining from relieving himself? The Gemara explains: He meant he should do so in an unusual manner and not in the manner it is typically done. With regard to the size of stones, Rabbi Yannai said: If he has a fixed place for a bathroom, he may take a handful of stones; if he does not need them on Shabbat, he can use them on another occasion. If he does not have a fixed place he may bring in an average size stone, which is the size of a small mortar used for crushing spices. Rav Sheshet said: If the stone has an indication on it that it has already been used in the bathroom, one is permitted to move it for that purpose on Shabbat, regardless of its size. The Gemara raises an objection: Is it permitted to wipe with a stone that was already used? Didn’t the Sages say: Ten things bring a person to suffer from hemorrhoids and they are: One who eats the leaves of bulrushes, grape leaves, tendrils of grapevines, the palate and tongue of an animal, as well as any other part of the animal which is not smooth and which has protrusions, without salt, the spine of a fish, a salty fish that is not fully cooked, and one who drinks wine dregs, and one who cleans himself with lime and clay, the materials from which earthenware is made, and one who cleans himself with a stone with which another person has cleaned himself. And some say: One who suspends himself in the bathroom as well. Apparently, using a previously used stone is dangerous to one’s health. The Gemara answers: This is not difficult. Here, where it is prohibited, is referring to a case where the stone is still moist. Here, where it is permitted, is referring to a case where the stone is dry. And if you wish, say instead that here, where it is prohibited, is referring to one side, using the side that was already used; here, where it is permitted, is referring to both sides, using the other side of the same stone. And if you wish, say instead that this, where it is permitted, is referring to one’s own stone, which he used to clean himself; this, where it is prohibited, is referring to another person’s stone, which poses a danger. Abaye said to Rav Yosef: What is the ruling if rain fell on the stone and the indications that it had been used previously in the bathroom were obscured? The dilemma is: Is moving it permitted like a stone that is designated for use in the bathroom on Shabbat, or, is moving it prohibited since its indications were obscured and it might have the legal status of set-aside? Rav Yosef said to him: If indication on them is apparent, even though it is partially obscured, it is permitted, since the stone remains clear that it is designated for use in the bathroom. Rabba bar Rav Sheila raised a dilemma before Rav Ḥisda: What is the halakha with regard to taking those stones up with him to the roof if his bathroom is there? Is it permitted or is it prohibited due to the exertion involved? He said to him: It is permitted; great is human dignity as it overrides a prohibition in the Torah. The Gemara relates: Mareimar sat and stated this halakha. Ravina raised an objection to the statement of Mareimar from a baraita where Rabbi Eliezer says: A person may take a wood chip from the ground before him to clean his teeth on Shabbat. And the Rabbis say one may take a wood chip only from the animal’s trough, which is already designated for the animal’s use, but not from wood on the ground, which is set-aside. Apparently, despite the fact that using the wood chip enhances human dignity, it is nevertheless prohibited due to the prohibition of set-aside. The Gemara rejects this: How can you compare? There, a person determines the place for his meal. Since he knows where he will eat he should have prepared toothpicks beforehand. Here, does a person determine the place for a bathroom? He relieves himself wherever he finds a discreet place to do so. Rav Huna said: It is prohibited to defecate in a plowed field on Shabbat. The Gemara asks: What is the reason for that prohibition? If you say it is due to the fact that in doing so he treads on the furrows and destroys them, it should be prohibited even on weekdays. Rather, it is due to the concern that he will clean himself with a clod of earth on which grasses have grown. Didn’t Reish Lakish say that it is permitted to wipe with a stone upon which grasses have grown even though the grasses will be detached as a result? And that is the halakha even though one who unwittingly detaches grasses from it on Shabbat is liable to bring a sin-offering. Rather, the concern is lest he take a clod of earth from a high place, a pile of dirt, and throw it to a low place, into a hole in the ground. And in that case, he would be liable due to that which Rabba said, as Rabba said: If one had a hole and filled it, in the house, he is liable due to the prohibited labor of building; in the field, he is liable due to plowing. With regard to the matter itself, Reish Lakish said: It is permitted to wipe with a stone upon which grasses have grown. And one who detaches grasses from it unwittingly on Shabbat is liable to bring a sin-offering. Rav Pappi said: Learn from that which Reish Lakish said that it is permitted to carry this perforated flowerpot on Shabbat. Rav Kahana strongly objects to this: If they said that it is permitted to carry a stone with weeds on it for a purpose, will they say it is permitted to carry a flowerpot for no purpose? Abaye said: Since the topic of a perforated pot has come to our hands, let us say something with regard to it: If it had been placed on the ground and one lifted it and placed it on top of pegs on Shabbat, he is liable for the labor of detaching. The roots of the plant could have protruded through the holes to draw sustenance from the ground, and when one lifts it he detaches it from that sustenance. Similarly, if it had been placed on pegs and one placed it on the ground, he is liable for the labor of planting. Rabbi Yoḥanan said: It is prohibited to wipe with an earthenware shard on Shabbat. The Gemara asks: What is the reason for that prohibition? If you say that it is due to the danger that he might injure himself with the sharp edges of the shard, it should be prohibited also on weekdays. Rather, it is due to the fact that it invites witchcraft. If so, he should also not do so on weekdays. Rather, the concern is lest he remove hairs with the earthenware shard. However, that is an unintentional act, which is permitted. Rav Natan bar Oshaya said to those who raised the question: A great man said something, let us say a reason for it, and explain Rabbi Yoḥanan’s statement as follows: It is not necessary to say that it is prohibited on a weekday for the aforementioned reasons because he has the option of using a stone. However, with regard to Shabbat we would have said that since this shard has the status of a utensil and is not set-aside, he may well use it, as it is preferable to a stone, which is set-aside. Therefore, he teaches us that it is prohibited. Rava taught that Rabbi Yoḥanan ruled that it is prohibited due to the removal of hairs, and he raised a difficulty between that which Rabbi Yoḥanan said here and that which Rabbi Yoḥanan said elsewhere. Did Rabbi Yoḥanan say it is forbidden to wipe with an earthenware shard on Shabbat? Apparently, he holds that an unintentional act is prohibited. Didn’t Rabbi Yoḥanan state a principle: The halakha is ruled in accordance with an unattributed mishna? And we learned in a mishna: A nazirite, for whom it is prohibited to cut his hair, may wash his hair on a weekday with sand and natron and separate it with his fingers; however, he may not comb it, which would certainly pull out some hair. Apparently, the unintentional act of removing hair while shampooing is permitted. Rather, it is clearly in accordance with the explanation of Rav Natan bar Oshaya. The Gemara asks: What is the witchcraft involved with wiping with an earthenware shard? The Gemara explains: It is as that which transpired when Rav Ḥisda and Rabba bar Rav Huna were going on a boat. A certain matron [matronita] said to them: Let me sit with you, and they did not let her sit. She said something, an incantation of witchcraft, and stopped the boat. They said something, the Holy Name, and freed it. She said to them: What will I do to you, to enable me to harm you with witchcraft, as you do not clean yourselves with an earthenware shard, and you do not kill lice on your garments, and you do not pull out a vegetable and eat it before you untie the bundle that was tied by the gardener? This implies that all these actions carry with them the danger of witchcraft. Rav Huna said to his son Rabba: What is the reason that you are not to be found among those who study before Rav Ḥisda, whose halakhot are incisive? Rabba said to him: For what purpose should I go to him? When I go to him, he sits me down and occupies me in mundane matters not related to Torah. For example, he said to me: One who enters a bathroom should not sit down immediately and should not exert himself excessively because the rectum rests upon three teeth, the muscles that hold it in place, and there is concern lest the teeth of the rectum dislocate through exertion and he come to danger. Rav Huna said to his son Rabba: He is dealing with matters crucial to human life, and you say that he is dealing with mundane matters? Now that I know what you meant, all the more so go before him. The Gemara continues to discuss these halakhot. Rav Huna said: One who relieves himself and needs to wipe and has before him a stone and an earthenware shard, wipes with the stone and does not wipe with the earthenware shard, since he might injure himself. And Rav Ḥisda said: He wipes with the earthenware shard and does not wipe with the stone, which is set-aside. The Gemara raises an objection from a baraita: If one had before him a stone and an earthenware shard, he wipes with the earthenware shard and does not wipe with the stone. That is a conclusive refutation of the opinion of Rav Huna. Rafram bar Pappa explained it before Rav Ḥisda in accordance with the opinion of Rav Huna: It is not referring to earthenware shards, but to the smooth rims of vessels, which pose no danger. There were before him a stone and grasses. With regard to the preferred method to wipe on Shabbat, what is the ruling? There is a dispute between Rav Ḥisda and Rav Hamnuna. One said: He wipes with the stone and does not wipe with the grasses; and one said: He wipes with the grasses and does not wipe with the stone. The Gemara raises an objection from a baraita: One who wipes with something flammable, his lower teeth, which hold the intestines in place, fall out. How then, may one clean himself with grasses? The Gemara answers: This is not difficult: This, where it is permitted, is referring to moist grass; that, where it is prohibited, is referring to dry grass. The Gemara continues to discuss this topic. With regard to one who needs to defecate and does not do so, there is a dispute between Rav Ḥisda and Ravina. One said: An evil spirit dominates him; and one said: An odor of filth dominates him. It was taught in a baraita in accordance with the one who said that an odor of filth dominates him, as it was taught: One who needs to defecate and eats is comparable to an oven that was heated on top of its ashes; and that is the onset of an odor of filth. The Gemara continues to discuss the issue: One who needed to defecate and is unable to do so, Rav Ḥisda said: He should stand and sit, stand and sit. Rav Ḥanan from Neharde’a said: He should move to the sides and attempt to relieve himself in a different spot. Rav Hamnuna said: He should manipulate with a stone in that place. And the Rabbis said: He should divert his thoughts to other matters. Rav Aḥa, son of Rava, said to Rav Ashi: All the more so that when he diverts his thoughts he will not be able to defecate. Rav Ashi said to him: He should divert his thoughts from other matters, and focus exclusively on his effort to relieve himself. Rav Yirmeya from Difti said: I saw a certain Arab who stood and sat, stood and sat, until it poured out of him like a pot. Apparently, that advice is effective. The Sages taught in a baraita: One who wishes to enter and partake of a regular meal that will last for some time, should pace a distance of four cubits ten times, and some say, ten cubits four times, in order to expedite the movement of the bowels, and defecate, and enter, and sit in his place. MISHNA: One who carries out a shard of earthenware on Shabbat is liable if it is in a measure equivalent to that which is used to place between one pillar and another when piled on the ground to separate them; this is the statement of Rabbi Yehuda. Rabbi Meir says: In a measure equivalent to that which is used to stoke a fire with it. Rabbi Yosei says: In a measure equivalent to that which is used to hold a quarter of a log in it. Rabbi Meir said: Although there is no proof for the matter, there is a biblical allusion to my opinion, as it is stated: “And He shall break it as a potter’s vessel is broken, smashing it without sparing; and there shall not be found among its pieces a shard to rake fire on the hearth” (Isaiah 30:14). Rabbi Yosei said to him: Is there proof from there? The verse concludes: “And to extract water from the cistern,” indicating that earthenware is significant if it is large enough to hold water. GEMARA: A dilemma was raised before the Sages: Is the measure stated by Rabbi Meir greater, or is the measure stated by Rabbi Yosei greater? The Gemara responds: It is reasonable to say that the measure of Rabbi Yosei is greater; however, based on the verse it appears that the measure of Rabbi Meir is greater. As, if it enters your mind to say that the measure of Rabbi Yosei with regard to the shard of earthenware is greater, would the prophet first curse him by saying that a small vessel will not be found, and then curse him by saying that a larger vessel will not be found? Abaye said: The mishna is also referring to a large shard of earthenware required to stoke the fire of a large conflagration. Even in the mishna, Rabbi Meir’s measure is larger. We learned in the mishna that Rabbi Yosei said to him: Is there proof from there? He cites proof for his opinion from the conclusion of that same verse. The Gemara comments: Rabbi Yosei spoke well to Rabbi Meir. And how does Rabbi Meir address that proof? He explains that the verse is stated employing the style of: There is no need. It should be understood as follows: There is no need to say that an item that is significant to people, e.g., a large shard of earthenware to stoke a fire, shall not be found, but even an item that is insignificant to people, i.e., a shard to extract water, shall not be found. Therefore, the conclusion of the verse does not contradict Rabbi Meir’s opinion. MISHNA: Rabbi Akiva said: From where is it derived that idolatry, e.g., a statue of a deity, transmits impurity imparted by carrying even when the person who carries it does not come into contact with it, just as a menstruating woman does? As it is stated: “And you will defile the silver overlays of your statues, and the golden plating of your idols, you will cast them away as you would a menstruating woman [dava], you will tell it, get out” (Isaiah 30:22). Just as a menstruating woman transmits impurity imparted by carrying, so too, idolatry transmits impurity imparted by carrying. GEMARA: Since the halakhot of idolatry and the impurity it causes are beyond the scope of tractate Shabbat, the fundamentals of this halakha are cited from tractate Avoda Zara. We learned in a mishna there: One whose house was adjacent to a house of idolatry, sharing a common wall, and the dividing wall fell, it is prohibited to rebuild it as he would thereby have built a wall for idol worship. What should one do? He moves four cubits into his own land and builds the wall there. If the wall stood upon ground that belonged to him and to the house of idolatry, the area is calculated as half and half as far as moving into his property before rebuilding the wall, and one may build the wall four cubits from the middle of the wall. Its stones and its wood and its dust from the house of idolatry transmit impurity like creeping animals, and by rabbinic decree, one who touches them becomes impure like one who touches a creeping animal, as it is stated: “And you shall not bring an abomination into your house and become banned like it, you shall utterly detest it [shaketz teshaketzenu] and you shall utterly abhor it, for it is a banned object” (Deuteronomy 7:26). Shaketz is a term used with regard to creeping animals. Rabbi Akiva says: Idolatry transmits impurity like a menstruating woman, as it is stated: “You will cast them away as you would a menstruating woman [dava]” (Isaiah 30:22). Just as a menstruating woman transmits impurity imparted by carrying, as one who moves a menstruating woman without touching her becomes impure, so too, idolatry transmits impurity imparted by carrying. Rabba said in explanation of that which the verse said: “You will cast them away”: Make them foreign to you like a stranger. The end of the same verse: “You will tell it, get out” means that under no circumstances can you say to it, come in. And to the essence of the dispute, Rabba said: With regard to impurity imparted by carrying, everyone agrees that idol worship transmits impurity, as it is juxtaposed to a menstruating woman in the verse. Where they argue, it is with regard to the halakha of a very heavy stone. There is a special law with regard to the ritual impurity of a zav and a menstruating woman. If they sit on an object, even if it is an object that cannot become ritually impure, and beneath that object is a vessel, even though the weight of the zav and the menstruating woman has no effect on the vessel, it becomes ritually impure. Rabbi Akiva holds that the impurity of idolatry is like the impurity of a menstruating woman in all respects; just as a menstruating woman transmits impurity via a very heavy stone, so too, idolatry transmits impurity via a very heavy stone. And the Rabbis hold that in this regard, the impurity of idolatry is like the impurity of a creeping animal; just as a creeping animal does not transmit impurity via a very heavy stone, so too, idolatry does not transmit impurity via a very heavy stone. The Gemara asks: And according to Rabbi Akiva, who holds that the impurity of idolatry is similar to that of a menstruating woman in all respects, for what halakha was it juxtaposed to a creeping animal? The Gemara explains: In his opinion, it was not stated in reference to idolatry itself, but rather to its accessories, objects used for the purposes of idolatry. The Gemara asks further: And according to the Rabbis, for what halakha was it juxtaposed to a menstruating woman? To teach that it transmits impurity through carrying. And instead of juxtaposing idolatry to both a menstruating woman and to creeping animals, let the Torah juxtapose it to an animal carcass, which transmits impurity through carrying and does not transmit impurity via a very heavy stone, since according to the Rabbis the law is the same for idolatry. The Gemara answers: Yes, it is indeed so. In that sense, juxtaposition to an animal carcass would suffice. However, the juxtaposition to a menstruating woman teaches: Just as a menstruating woman does not transmit impurity through limbs, as if the limb of a menstruating woman is supported by a vessel, the vessel does not become ritually impure (Ra’avad), so too, idolatry does not transmit impurity through limbs, as a severed part of an idol does not transmit impurity. The Gemara is puzzled by this: But that which Rav Ḥama bar Guria raised as a dilemma: Does idolatry have the capacity to transmit impurity through limbs or does it not have the capacity to transmit impurity through limbs? Resolve the dilemma from this, as according to the opinion of the Rabbis, it does not transmit impurity through limbs. And the Gemara replies: Although that is so, Rav Ḥama bar Guria raised the dilemma in accordance with the opinion of Rabbi Akiva and the dilemma is unresolved. And in another approach to this dispute, Rabbi Elazar said: With regard to a very heavy stone, everyone agrees that idolatry does not transmit impurity in that manner. Where they disagree is with regard to impurity imparted by carrying. Rabbi Akiva holds that the legal status of idolatry is like that of a menstruating woman: Just as a menstruating woman transmits impurity through carrying, so too, idolatry transmits impurity through carrying. And the Rabbis hold that the legal status of idolatry is like that of a creeping animal: Just as a creeping animal does not transmit impurity through carrying, so too, idolatry does not transmit impurity through carrying. The Gemara asks: And according to Rabbi Akiva’s opinion, with regard to what halakha was idolatry juxtaposed to a creeping animal? The Gemara answers: With regard to the halakha that its accessories do not transmit impurity through carrying. The Gemara asks: And according to the Rabbis, with regard to what halakha was idolatry juxtaposed to a menstruating woman? The Gemara answers: Just as a menstruating woman does not transmit impurity through her limbs, so too, idolatry does not transmit impurity through its limbs. And according to the opinion of Rabbi Akiva, with regard to what halakha was idolatry juxtaposed to a menstruating woman? If it was to teach the halakha of impurity imparted by carrying, let it be juxtaposed to an animal carcass and not to a menstruating woman and creeping animals. The Gemara answers: Yes, it is indeed so. However, the juxtaposition to a menstruating woman teaches: Just as a menstruating woman does not transmit impurity through her limbs, as a menstruating woman who leans on an object by a single limb does not transmit impurity imparted by carrying (Ra’avad), so too, an idol does not transmit impurity through its limbs, and a section of an idol does not transmit impurity. The Gemara asks: But that which Rav Ḥama bar Guria raised as a dilemma: Does idolatry have the capacity to transmit impurity through limbs or does it not have the capacity to transmit impurity through its limbs; resolve the dilemma from this, as according to both the Rabbis and Rabbi Akiva, it does not transmit impurity through limbs. According to this explanation, Rabbi Akiva agrees with the Rabbis. The Gemara rejects this: Rav Ḥama bar Guria taught in accordance with the explanation of Rabba and raised the dilemma in accordance with the opinion of Rabbi Akiva. The Gemara now clarifies the explanations of Rabba and Rabbi Elazar in light of other sources. The Gemara raises an objection from that which was taught in a baraita: The ritual impurity of idolatry is like that of a creeping animal, and the ritual impurity of its accessories is like that of a creeping animal. Rabbi Akiva says: The ritual impurity of idolatry is like that of a menstruating woman, and the ritual impurity of its accessories is like that of a creeping animal. Granted, according to the opinion of Rabbi Elazar, it works out well. However, according to the opinion of Rabba, it is difficult. The dispute between Rabbi Akiva and the Rabbis in this baraita is whether idolatry is likened to a creeping animal and does not transmit impurity imparted by carrying or whether it is likened to a menstruating woman and it does transmit impurity imparted by carrying. According to Rabba, the Rabbis agree that it does transmit impurity imparted by carrying. Rabba could have said to you: Is the proof from this baraita stronger than the mishna in tractate Avoda Zara, which taught: Its wood and stones and dirt transmit impurity like a creeping animal? With regard to that mishna we established: What is the meaning of like a creeping animal? It means that it is like a creeping animal in the sense that it does not transmit impurity by means of a very heavy stone. Here too, the analogy to a creeping animal in the baraita is in the sense that it does not transmit impurity via a very heavy stone. The Gemara raises an objection from what we learned: A gentile man and a gentile woman, with regard to whom the Rabbis issued a decree that they transmit impurity like a zav, idolatry and its accessories, all transmit impurity. They transmit impurity, and not their movement, i.e., they do not transmit impurity to one who moves them. Rabbi Akiva says: Both they and their movement transmit impurity. Granted, according to the explanation of Rabbi Elazar, this works out well; however, according to the explanation of Rabba, it is difficult. Rabba could have said to you: And according to your reasoning, with regard to a gentile man and a gentile woman as well, do they transmit impurity and their movement does not transmit impurity? Wasn’t it taught in a baraita with regard to the verse: “Speak to the children of Israel and say to them, when any man has an emission from his body, his emission is impure” (Leviticus 15:2), by Torah law, only the children of Israel become impure through the emission of a zav, and gentiles do not become impure through the emission of a zav? But the Sages decreed that they should be considered like a zav for all their halakhic matters. Since gentiles have the legal status of a zav, they should transmit impurity through carrying. Therefore, the baraita that states that gentiles do not transmit impurity through carrying is corrupted and must be emended. Rather, Rabba explains and adds to the baraita in accordance with his reasoning: A gentile man and a gentile woman transmit impurity, they and their movement and their very heavy stone. And idolatry transmits impurity, it and its movement but not its very heavy stone. Rabbi Akiva says: Idolatry transmits impurity, it and its movement and its very heavy stone. And Rabbi Elazar explains and adds to the baraita in accordance with his reasoning as follows: A gentile man and a gentile woman transmit impurity, they and their movement and their very heavy stone. Idolatry transmits impurity, it and not its movement. And Rabbi Akiva says: Idolatry transmits impurity, it and its movement. Rav Ashi strongly objects to this explanation: According to this explanation, what is the meaning of the word they in the context of this baraita? It would have been sufficient to say that their movement transmits impurity. The fact that the gentiles themselves are ritually impure is obvious. Apparently, the word they is emphasized in order to teach an additional halakha. Rather, Rav Ashi said, this is what the baraita is saying: With regard to a gentile man and a gentile woman, whether they moved others or others moved them, the others are ritually impure. The impurity of a gentile is like that of a zav, which is unique in that anything that a zav moves becomes impure even if he did not touch it directly. Idolatry that moved others, the others remain ritually pure; however, others who moved it are ritually impure. With regard to its accessories, whether they moved others or others moved them, the others remain ritually pure. Rabbi Akiva says: A gentile man and a gentile woman and idolatry, whether they moved others or others moved them, the others are ritually impure. Its accessories, whether they moved others or others moved them, the others remain ritually pure. According to this explanation, both the word they and the word movement, both of which appear in the baraita, are significant. Rav Ashi’s explanation explains the baraita, but the Gemara questions the matter itself. With regard to idolatry, granted, a case where others moved it can be easily found. However, a case where the idolatry moved others, under what circumstances can it be found? How can an idol move another object? Rami, son of Rav Yeiva, said, a case like that is possible, as we learned in a mishna: In a case where the zav sat on one pan of a balance scale, and food and drinks were on the second pan, if the zav tipped the scales, the food and drinks on the other pan are ritually impure because the zav moved them. Even an inanimate object can move a source of impurity in that way. And if the food and drink tipped the scales, they remain ritually pure. The Gemara asks: In accordance with whose opinion is that which was taught in a baraita: All impure items that move other objects remain pure, meaning that an object does not become impure if moved by a source of impurity, except for movement by a zav, which has no counterpart in the whole Torah in its entirety? Let us say that this is not in accordance with the opinion of Rabbi Akiva, as if it were in accordance with the opinion of Rabbi Akiva, there is also the case of idolatry. In his opinion, idolatry also transmits impurity to an object by moving it. The Gemara answers: Even if you say that the baraita is in accordance with the opinion of Rabbi Akiva, teach: Zav and everything similar to it. According to Rabbi Akiva, just as a menstruating woman falls into that category, so too does an idol. The dilemma that was cited incidental to an earlier discussion is examined here in depth. Rav Ḥama bar Guria raised a dilemma: Does idolatry have the capacity to transmit impurity through limbs or does it not have the capacity to transmit impurity through limbs? The Gemara narrows the parameters of the dilemma. In a situation where a common unskilled person can restore it to its original form, do not raise the dilemma, as in that case it is certainly considered to be attached and is not considered broken. The case where you could raise the dilemma is where a common unskilled person cannot restore it to its original form. What is the ruling in that case? The two sides of the dilemma are: Do we say that since a common unskilled person cannot restore it, it is considered broken? Or perhaps we say that it is not lacking anything? Idolatry can only be nullified by breaking it in a case where, as a result, it is incomplete. And some raise this dilemma in another direction based on a different assumption: In a situation where a common unskilled person cannot restore it to its original form, do not raise the dilemma, as in that case it is certainly considered to be broken. When you could raise the dilemma is in a situation where a common unskilled person can restore it to its original form. What is the ruling in that case? The two sides of the dilemma are: Do we say that since a common unskilled person can restore it, it is considered attached? Or perhaps we say that at present, it is in pieces and permitted? No resolution was found for either version of this dilemma. Therefore, let it stand unresolved. Rav Aḥadvoi bar Ami raised a dilemma: What is the halakha with regard to idolatry that is less than an olive-bulk? Rav Yosef strongly objected to this: With regard to what use was this dilemma raised? If you say it was raised with regard to the matter of the prohibition of idolatry, let it only be like Zevuv, the Baal of Ekron, which was the size and form of a fly, as it was taught in a baraita with regard to the verse: “And they made Baal Berit into their god” (Judges 8:33). The Sages said that this is referring to Zevuv, the Baal of Ekron. It teaches that each and every person made an image of his god and placed it in his pocket. When he remembered it, he removed it from his pocket and embraced and kissed it. Apparently, even idolatry the size of a fly falls under the rubric of the prohibition of idolatry. Rather, the dilemma is: What is the halakha with regard to the matter of impurity? The two sides of the dilemma are as follows: Since an idol is juxtaposed to a creeping animal, just as a creeping animal transmits impurity when it is a lentil-bulk, so too, idolatry transmits impurity when it is a lentil-bulk. Or perhaps idolatry is juxtaposed to a corpse, and just as a corpse transmits impurity only when it is at least an olive-bulk, so too, idolatry transmits impurity only when it is at least an olive-bulk. Rav Avya said, and some say it was Rabba bar Ulla who said: Come and hear a resolution to this dilemma from that which was taught in a baraita: Idolatry that is less than an olive-bulk has no impurity at all, as it is stated: “And he brought out the ashera from the house of the Lord, outside Jerusalem, to the brook of Kidron, and burned it at the brook of Kidron, and stamped it into powder, and cast its powder upon the graves of the common people” (II Kings 23:6). Just as a corpse transmits impurity when it is an olive-bulk, so too, idolatry transmits impurity when it is an olive-bulk. The Gemara now asks a general question: And according to the Rabbis, with regard to what halakha was idolatry juxtaposed to a creeping animal? The juxtaposition establishes that like a creeping animal, it does not transmit impurity through carrying. The juxtaposition to a menstruating woman establishes that like a menstruating woman, it has the capacity to transmit impurity through limbs. The juxtaposition to a corpse establishes that it does not transmit impurity when it is a lentil-bulk. The Gemara suggests: Let us say that all of these juxtapositions come to teach a stringency. With regard to what halakha did the Torah juxtapose idolatry to a creeping animal? It is to establish that it transmits impurity when it is a lentil-bulk. The juxtaposition of idolatry to a menstruating woman is to establish that it transmits impurity via a very heavy stone; and the Torah juxtaposed it to a corpse to establish that it transmits impurity imparted by a tent, all of which are stringencies that exist with regard to those types of impurity. The Gemara answers: The impurity of idolatry is by rabbinic law. And whenever there are two possibilities with regard to a rabbinic decree, a leniency and a stringency, we juxtapose to establish the lenient possibility, and we do not juxtapose to establish the stringent possibility. MISHNA: This is another mishna that digresses from the central topic of this tractate. It, too, is based on an allusion from the Bible. From where is it derived that the ship is ritually pure, in the sense that it cannot become impure? As it is stated: “The way of a ship in the midst of the sea” (Proverbs 30:19). GEMARA: The allusion in the mishna requires clarification. The verse appears to state the obvious. Of course a ship is in the midst of the sea. Rather, this verse teaches us an allusion that the legal status of a boat is like that of the sea. Just as the sea is ritually pure and cannot become impure, so too, a boat is ritually pure and cannot become impure. It was taught in a baraita that Ḥananya says: This halakha is derived from the halakha of a sack, as the impurity of wooden vessels is likened to the impurity of a sack. Just as a sack, which can become ritually impure, is carried both full and empty, so too, any object that is carried both full and empty can become ritually impure. This is to exclude a ship, which is not carried on land full and empty, as due to its weight it cannot be carried full. The Gemara asks: What is the practical difference between the two reasons? The halakhic ruling according to both is that a ship cannot become impure. The Gemara explains: There is a difference between them with regard to a ship made from earthenware or from any material other than wood. According to the one who said that it is derived from the verse: “A ship in the midst of the sea,” this boat is also in the midst of the sea. However, according to the one who said that it is derived from the halakha of a sack, this halakha applies only to those materials that are written in the same verse together with sack and are likened to it. If it is carried both full and empty, yes, it can become impure; and if it can not be carried both full and empty, no, it cannot become impure. However, an earthenware ship can become impure even though it is not carried both full and empty. Alternatively, there is a difference between them regarding a Jordan ship, which is a small boat used on the Jordan River. According to the one who said that it is derived from the verse: “A ship in the midst of the sea,” this is also a ship in the midst of the sea. A river is pure like the sea and the boat will remain pure. According to the one who said that it is derived from the halakha of a sack, and in order to become impure it must be carried full and empty, this is also carried both full and empty, and can become ritually impure. As Rabbi Ḥanina ben Akavya said: For what reason did they say that a Jordan ship can become impure? Because they load it on dry land and carry it on land and then lower it into the water. It is carried on land when full. Rav Yehuda said that Rav said: One should never prevent himself from attending the study hall for even one moment, as this mishna which states that a Jordan ship can become ritually impure was taught for several years in the study hall, but its reason was not revealed until Rabbi Ḥanina ben Akavya came and explained it. Following Rav’s statement, the Gemara cites that which Rabbi Yonatan said: One should never prevent himself from attending the study hall or from engaging in matters of Torah, even at the moment of death, as it is stated: “This is the Torah: A person who dies in a tent” (Numbers 19:14). That is an allusion to the fact that even at the moment of death, one should engage in the study of Torah. Reish Lakish said: Matters of Torah only endure in a person who kills himself over the Torah, one who is ready to devote all his efforts to it, as it is stated: “This is the Torah: A person who dies in a tent,” meaning that the Torah is only attained by one who kills himself in its tent. Rava said: And according to Ḥananya, who holds that a boat carried both full and empty can become ritually impure, is carrying by oxen considered carrying? He answered his own question. Yes, as we learned in a mishna: In terms of the halakhot of ritual purity and impurity, there are three distinct types of wagons: A wagon built like a chair, meaning closed on the sides, can become ritually impure with impurity imparted by treading. Since it is designated for sitting, it becomes impure if a zav sits on it, even if he does not touch it. A wagon built like a bed can become ritually impure with impurity imparted by a corpse. It contracts all types of impurity, except for impurity imparted by the treading of a zav. A wagon made of stone, whose bottom is netting, remains ritually pure and does not become impure from any type of impurity. And Rabbi Yoḥanan said: And if in the stone wagon there is a receptacle for pomegranates, i.e., the holes are not large enough for a pomegranate to fall through, it is considered a utensil and it can become impure with impurity imparted by a corpse. Even though a stone wagon is not carried full, but is pulled by oxen, it can become ritually impure. Apparently, carrying by oxen is considered carrying. By association, the Gemara now cites the second part of the mishna: With regard to laws of impurity, there are three types of chests: A chest that opens from the side, on which one can sit or lie, because it can be used for sitting, it can become ritually impure with impurity imparted by treading if a zav sits on it. Even if one needs to open the chest, a person can keep sitting on it. A chest that opens from the top does not become ritually impure with impurity imparted by treading because it cannot be opened with somebody on it. However, it can become impure with impurity imparted by a corpse. And a chest that comes in a very large size, and can hold more than forty se’a, remains ritually pure and does not become impure from any type of impurity. The Sages taught in a baraita: With regard to impurity imparted by treading, an earthenware vessel is ritually pure. If a zav sits on an earthenware vessel and does not touch the inside of it, it does not become impure. Rabbi Yosei says: That is even the status of a ship. The Gemara asks: What is the baraita saying? Rav Zevid said that the baraita is saying the following: According to the first tanna, with regard to impurity imparted by treading, an earthenware vessel is ritually pure; however, if the zav touches the vessel it becomes impure. And an earthenware ship can become impure with impurity imparted by the treading of a zav, in accordance with the opinion of Ḥananya. Rabbi Yosei says: Even a boat is ritually pure, in accordance with the opinion of the tanna of our mishna. Rav Pappa strongly objects to this explanation: If so, what is the meaning of the word even employed by Rabbi Yosei, indicating that he is adding to the opinion of the first tanna of the baraita? According to the above explanation, the first tanna says that a boat can become ritually impure and Rabbi Yosei says that it is pure. Rabbi Yosei is not adding to the previous opinion but disagreeing with it. Rather, Rav Pappa said that the baraita is saying the following: With regard to impurity imparted by treading, an earthenware vessel is ritually pure, and with regard to its contact with a source of ritual impurity, it is impure. And as far as a wooden vessel is concerned, with regard to both its impurity imparted by treading and its contact with a source of ritual impurity, it is impure. And a Jordan ship is ritually pure in accordance with the opinion of the tanna of our mishna. Rabbi Yosei says: Even the boat is impure like other wooden vessels, in accordance with the opinion of Ḥananya. The Gemara questions what was stated: And from where do we derive that with regard to impurity imparted by treading, an earthenware vessel is ritually pure? Ḥizkiya said: It is as the verse states: “And whoever touches his bed shall wash his clothes, and bathe himself in water, and be impure until the evening” (Leviticus 15:5). The verse juxtaposes his bed to himself. Just as he has the possibility of purification through immersion in a ritual bath, so too, his bed is referring to a vessel that has the possibility of purification in a ritual bath. Since an impure earthenware vessel cannot be purified in a ritual bath, unlike other vessels, it does not become ritually impure when a zav lies on it. Similarly, the school of Rabbi Yishmael taught that the verse states: “Every bed on which she lies all the days of her zava emission shall be for her like the bed of her menstrual period” (Leviticus 15:26). The verse juxtaposes her bed to herself: Just as she has the possibility of purification in a ritual bath, so too, her bed is referring to a vessel that has the possibility of purification in a ritual bath. This is to the exclusion of an earthenware vessel, which does not have the possibility of purification in a ritual bath. Rabbi Ila strongly objects to this from what we learned: From where is it derived that a reed mat becomes ritually impure from contact with a corpse? And it is derived through an a fortiori inference: We know that small vessels do not become ritually impure through the impurity of a zav because they are not designated for sitting, and are too small for the zav to insert his finger into their airspace. If small earthenware pitchers remain pure and are not susceptible to the impurity of a zav, but they do become ritually impure from contact with a corpse; is it not logical that a reed mat, which contracts impurity from a zav, will become ritually impure from contact with a corpse? And why should the reed mat become impure? Isn’t it true that it does not have the possibility of purification in a ritual bath? Rabbi Ḥanina said to him: There, in the case of the mat, it is different because there is purification in other vessels of its kind, i.e., other wooden vessels that are made from materials that grow from the earth can be purified in a ritual bath. Rabbi Ila said to Rabbi Ḥanina: May the all-Merciful save us from this opinion. Rabbi Ḥanina responded: On the contrary, may the all-Merciful save us from your opinion. And what is the reason that this is relevant? What is the significance of the fact that other vessels of its kind can be purified in a ritual bath if the vessel itself cannot be purified in a ritual bath? It is because two verses are written. In one verse it is written: “And whoever touches his bed shall wash his clothes, and bathe himself in water, and be impure until the evening” (Leviticus 15:5). The verse juxtaposes his bed to himself. Just as he has the possibility of purification through immersion in a ritual bath, so too, his bed has the possibility of purification in a ritual bath. This teaches that his bed has the same legal status as he does; in order for a bed on which a zav lies to be subject to the impurity imparted by lying, it must be immersible in a ritual bath. And in another verse it is written: “Every bed on which the zav lies shall be impure; and every vessel on which he sits shall be impure” (Leviticus 15:4). This verse includes all beds on which a zav might lie, even one that cannot be purified in a ritual bath. How can these two verses be reconciled? If there is purification in other vessels of its kind, even though it itself does not have purification in a ritual bath, it is subject to the impurity imparted by lying. However, if there is no purification in other vessels of its kind, the verse juxtaposes his bed to himself. Any vessel that is not like him in the sense that it cannot be purified in a ritual bath, is not subject to impurity imparted by lying. Rava said: The fact that with regard to impurity imparted by treading, an earthenware vessel is ritually pure is derived from here, as it is stated: “And any open vessel that does not have a sealed cover on it becomes impure” (Numbers 19:15). By inference, if there is a sealed cover on it, it is pure. Are we not dealing even with a case where one designated the vessel for use by his wife, when she has the status of a menstruating woman? And even so, the Torah states that it is ritually pure? Apparently, an earthenware vessel with a sealed cover is not subject to impurity from any source. MISHNA: The Gemara continues to discuss an additional halakha based on a biblical allusion. From where is it derived that in a garden bed that is six by six handbreadths, that one may plant five different types of seeds in it? He may do so without violating the prohibition of sowing a mixture of diverse kinds of seeds in the following manner. One sows four types of plants on each of the four sides of the garden bed and one in the middle. There is an allusion to this in the text, as it is stated: “For as the earth brings forth its growth, and as a garden causes its seeds to grow, so will the Lord God cause justice and praise to spring forth before all the nations” (Isaiah 61:11). Its seed, in the singular, is not stated; rather, its seeds, written in the plural. Apparently, it is possible that several seeds may be planted in a small garden. GEMARA: The Gemara questions this allusion: From where is it inferred that the verse refers to five types of seeds? Rav Yehuda said that it is derived as follows: “For as the earth brings forth its growth” indicates five types of seeds because “brings forth” represents one and “its vegetation” represents one, and that totals two. “Its seeds,” written in the plural, represents at least two, and that totals four. “Cause to grow” is one more. This verse includes terms connoting planting and seeds in a single garden bed that total five species of seeds. And the Sages have an accepted tradition that five seeds in a six-handbreadth space do not draw sustenance from one another. The Gemara asks: And from where do we derive that when the Sages have an accepted tradition it is a substantial matter, meaning that the tradition is reliable? Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: What is the meaning of that which is written: “You shall not cross your neighbor’s border, which they of the old times have set in your inheritance that you shall inherit” (Deuteronomy 19:14)? It means that you shall not cross the border that the early generations set, establishing the parameters necessary for each plant. The Gemara asks: What is the meaning of the phrase: The early generations set? Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: What is the meaning of that which was written: “These are the sons of Seir the Horite who inhabit the land, Lotan and Shoval and Zibeon and Ana” (Genesis 36:20)? And is everyone else inhabitants of the heavens, that it was necessary for the verse to emphasize that these inhabit the land? Rather, it means that they were experts in the settlement of the land, as they would say: This tract of land that is the full length of a rod is fit for olive trees; this full length of a rod is fit for grapes, this full length of a rod is fit for figs. And the members of this tribe were called Horites [ḥori] since they smelled [heriḥu] the earth to determine what is fit to be grown there. The allusion is based on a transposition of the letters ḥet and reish. And in explanation of why the early inhabitants of Seir were called Hivites [ḥivi] (see Genesis 36:2), Rav Pappa said: Because they would taste the earth like a snake [ḥivya] and determine what should be grown there according to the taste. Rav Aḥa bar Ya’akov said that they were called Horites [ḥori] because they became free [benei ḥorin] of their possessions when the children of Esau drove them from their lands. Their primary name was actually Hivites. With regard to the halakha itself, Rav Asi said: The garden bed in the mishna whose area is six by six handbreadths is one whose internal area is six by six handbreadths excluding the area of its boundaries, which must be added to the total area. That was also taught in a baraita: The internal area of a garden bed is six by six handbreadths. The Gemara asks: How much is the size of its boundaries? The Gemara answers, as we learned in a mishna that Rabbi Yehuda says: The width of the border is like the width of a foot. And Rabbi Zeira said, and some say it was Rabbi Ḥanina bar Pappa who said: What is the reason for the statement of Rabbi Yehuda? As it is written: “And you water it with your foot like a garden of herbs” (Deuteronomy 11:10), meaning that just as one’s foot is a handbreadth wide, so too, the boundary between garden beds where one walks to water plants is also a handbreadth wide. Rav said: When we learned in the mishna that one may plant five kinds of seeds within a garden bed without violating the prohibition of diverse kinds, we learned this with regard to a garden bed in a desolate area not surrounded by other plants. However, if the garden bed is among other garden beds, it is prohibited to plant that many species there because seeds from the different beds will intermingle. The Gemara asks: If the mishna is dealing with a solitary garden bed, isn’t there space in the corners, where more species of seeds could be planted without encountering the prohibition of diverse seeds? The school of Rav taught in the name of Rav: Rav’s statement is referring to a case where one fills the corners of the flowerbed with the five species of seeds, leaving no room in the corners for other varieties. The Gemara asks: And let him plant on the outside and not fill up the inside, to increase the different seed types instead of filling up the corners. Rather, Rav’s reasoning must be: It is a decree lest one will fill the corners after having first planted the garden bed, and thereby violate the prohibition of diverse kinds. The Gemara asks: And why should that matter, the legal status of the garden bed should merely be like a triangular [rosh tor] plot of vegetables. Didn’t we learn in a mishna: If a triangular plot of vegetables was protruding into another field, it is permitted; there, it is not considered a prohibited mixture of diverse kinds, because the end of the field is distinguishable. Based on the shapes of the two fields where they intersect, the demarcation between them is clear. And the Gemara answers: There is no leniency with regard to a triangular plot in a garden bed. This allowance with regard to a triangular section of one field jutting into another field applies only to a large field where the triangular shape can clearly be attributed to a different field, but in a small garden bed where the seeds are adjacent to one another, it is impossible to distinguish between the seeds. And Shmuel said: When we learned in the mishna that one may plant five kinds of seeds within a garden bed without violating the prohibition of diverse kinds, we learned this even with regard to a garden bed among garden beds, not only in a solitary bed. The Gemara asks: Don’t the seeds become intermingled with one another? The Gemara answers: It is referring to a case where one inclines one row to here, in one direction, and one row to here, in a different direction (Me’iri). In that way they do not appear intermingled. Ulla said: They raise a dilemma in the West, Eretz Yisrael: What is the halakha if one opened a single furrow across its entirety? Is it considered demarcation between the garden beds if one dug a furrow between two garden beds (ge’onim, Tosafot)? Rav Sheshet said: The intermingling of these garden beds comes and nullifies the row. The furrow is not considered to be a demarcation between the beds. Rav Asi said: Its intermingling does not disqualify the row. Ravina raised an objection to the opinion of Rav Ashi from a mishna: One who plants two rows of cucumbers and two rows of gourds and two rows of Egyptian beans, it is permitted because each of the species is distinct. However, if he plants one row of cucumbers and one row of gourds and one row of Egyptian beans, it is prohibited because in single rows there is no clear demarcation between the species. This indicates that a furrow between different species of seeds does not prevent intermingling between them. Rav Ashi replied: The case in that mishna is an exception. Here, it is different because there are branches that grow out from these species which become entangled with each other, nullifying the furrow between them. Other vegetables, whose branches do not become entangled, may be planted with a single furrow between them. Rav Kahana said that Rabbi Yoḥanan said: One who wishes to fill his entire garden with vegetables and does not want to distance the rows of seeds from one another may make a garden bed that is six by six handbreadths and make five circles inside it (ge’onim, Rambam). He plants different species in the different circles and fills its corners with whatever additional species that he wants. The Gemara asks: Aren’t there seeds between the circles, which intermingle with the species that are in the circles? The school of Rabbi Yannai say in response to this: This is referring to a case where one leaves the space in between them barren and does not plant there. Rav Ashi said: He may fill the entire bed with seeds, and demarcate between the different types of seeds in the following manner. If the circles were planted lengthwise, he plants the seeds in between widthwise; and if the circles were planted widthwise, he plants the seeds in between lengthwise. Ravina raised an objection to the opinion of Rav Ashi: We learned that the work space of a vegetable of one species, when planted with a vegetable of a different species, is six handbreadths. And one views them as a square board. All of the halakhot of planting various species were stated with regard to a square-shaped garden bed. By inference: When it is like a square board, it is permitted; and when that is not the case, it is prohibited. Planting different species in horizontal and vertical rows without a space between the species is ineffective, even with circles. Rav Ashi replied: When the baraita says a square board, it does not mean that the only way to demarcate between different species is when the rows are in that configuration. Rather, it is to introduce a different leniency. The baraita came to permit a triangular plot that protrudes from it into another field. This means that a triangular protrusion into another field is considered a conspicuous demarcation only if the bed was square; in that case, no additional measures are necessary. MISHNA: The mishna continues to cite a series of unrelated halakhot based upon biblical allusions. From where is it derived that a woman who discharges semen even on the third day after relations is ritually impure, just like one who touches semen (see Leviticus 15:17)? Because the semen remains fit for insemination, it can transmit impurity, as it is stated prior to the revelation at Sinai: “And he said to the people, prepare yourselves for three days, do not approach a woman” (Exodus 19:15). This three-day separation period ensured that even a woman who discharged semen would be pure. The mishna cites another halakha based on a biblical allusion: From where is it derived that one may wash the circumcision on the third day, meaning the third day after the circumcision, even if it occurs on Shabbat? As it is stated: “And it came to pass on the third day when they were in pain” (Genesis 34:25). The pain of circumcision lasts at least three days, and as long as the child is in pain he is considered to be in danger. The mishna cites another halakha with an allusion in the Bible: From where is it derived that one ties a scarlet strip of wool to the head of the scapegoat that is dispatched to Azazel? As it is stated: “If your sins be like scarlet, they will become white like snow” (Isaiah 1:18). Since the goat is offered to atone for sins, red wool is tied to its horns. The mishna cites another allusion. From where is it derived that smearing oil on one’s body is like drinking and is similarly prohibited on Yom Kippur? Although there is no proof for this, there is an allusion to it, as it is stated: “And it comes into his inward parts like water and like oil into his bones” (Psalms 109:18). The verse appears to equate smearing oil on one’s body with drinking water. GEMARA: The Gemara comments on the halakhot cited in the mishna: The first clause in the mishna with regard to discharged semen is not in accordance with the opinion of Rabbi Elazar ben Azarya. The latter clause in the mishna with regard to circumcision is in accordance with the opinion of Rabbi Elazar ben Azarya. As, if one was to assert that the first clause is also in accordance with the opinion of Rabbi Elazar ben Azarya, we heard him say that in that case the woman is ritually pure. The Gemara explains: He who does not establish the mishna as reflecting the opinions of two tanna’im, has a variant reading of the mishna; he teaches the halakha in the first clause: The woman is ritually pure, and establishes the entire mishna in accordance with the opinion of Rabbi Elazar ben Azarya. And he who establishes the mishna as reflecting the opinions of two tanna’im, holds that the first clause is in accordance with the opinion of the Rabbis, and the latter clause is in accordance with the opinion of Rabbi Elazar ben Azarya. The Gemara elaborates on the matter of a woman who discharges semen, citing that which the Sages taught in a baraita: A woman who discharges semen at any point on the third day is ritually pure; this is the statement of Rabbi Elazar ben Azarya. Rabbi Yishmael says: Even on the third day she is ritually impure. In addition, the only relevant tally is the number of days. The number of twelve-hour periods of night and day that passed is not relevant. Sometimes there are four twelve-hour periods that elapsed between cohabitation and discharge. If she had relations just before nightfall on Wednesday and discharged on Friday night at the beginning of Shabbat, it is considered as if three days passed, meaning Wednesday, Thursday and Friday; and four twelve-hour periods, meaning Wednesday night, Thursday day, Thursday night and Friday day. Sometimes there are five twelve-hour periods that elapsed, in a case where she discharged semen at the end of Friday night. Sometimes there are six twelve-hour periods that elapsed, if she had relations at the beginning of Tuesday night and discharged at the end of the third day. Rabbi Akiva says: The halakha is that it is always five twelve-hour periods. And if she had relations after part of the first period passed, she is given part of the sixth period to complete the requisite five twelve-hour periods, so that sixty hours will have elapsed between cohabitation and discharge. The Rabbis said this before Rav Pappa, and some say that Rav Pappa said this to Rava: Granted, Rabbi Elazar ben Azarya holds in accordance with the opinion of the Rabbis, who say with regard to the revelation at Sinai that Moses instituted separation between husbands and wives on the fifth day of the week. Since everyone agrees that the Torah was given on Shabbat, husbands and wives were separated for two days. And Rabbi Yishmael holds in accordance with the opinion of Rabbi Yosei, who said that Moses instituted separation on the fourth day of the week, meaning that husbands and wives were separated for three days. However, in accordance with whose opinion did Rabbi Akiva state his opinion? Ritual impurity, in this case, is not based on the passage of days but on the passage of twelve-hour periods, which do not correspond to either opinion mentioned with regard to the revelation at Sinai. The Gemara answers: Actually, Rabbi Akiva holds in accordance with the opinion of Rabbi Yosei. However, his understanding is based on that which Rav Adda bar Ahava said: Moses ascended Mount Sinai early in the morning, and he descended early in the morning and related to them the mitzva of separation. The Gemara explains the source of this opinion: He ascended Mount Sinai early in the morning, as it is written: “And Moses rose up early in the morning, and went up to Mount Sinai, as the Lord had commanded him” (Exodus 34:4). And he descended the mountain early in the morning, as it is written: “Go descend and you shall ascend together with Aaron” (Exodus 19:24). The Torah juxtaposes descent to ascent to establish that just as Moses’ ascent was early in the morning, so too, his descent was early in the morning. Moses told the people to separate in the early morning so that there would be five complete periods of separation over the course of the three days. The Gemara asks: Why did he need to tell them to separate during the morning hours? Didn’t Rav Huna say: The Jewish people are holy and do not have relations during the day? It was not necessary to command them until night. The Gemara replies: It was necessary to tell them in the morning, as Rava said: If it was a dark house, it is permitted to have relations during the day. And similarly, Rava said, and some say that Rav Pappa said: A Torah scholar obscures the light in the room with his cloak and is thereby permitted to have relations during the day. Therefore, it was necessary to command the people to separate even during the daytime hours. The Gemara asks: Didn’t some of the people have status of those who immersed themselves during the day when they received the Torah? Some of the women immersed themselves on Shabbat evening to purify themselves from the discharge of semen. Even after immersion, the purification process is not complete until sunset. It was Abaye bar Ravin and Rav Ḥanina bar Avin who both said in response: The Torah was given to those who immersed themselves during the day, and that in no way diminishes the magnitude of the revelation. The Gemara relates that Mareimar sat and stated this halakha. Ravina said to Mareimar: Did you say that the Torah was actually given to those who immersed themselves during the day, or did you say that it was fit to be given to those who immersed themselves during the day, but, in reality, it was not? He said to him: I said that the Torah was fit to be given, but in actuality the nation was ritually pure, and the women did not discharge semen on the third day. The Gemara asks: And let them immerse during twilight on Shabbat eve and receive the Torah just after that during twilight. Why was it necessary to delay revelation until Shabbat morning? Rabbi Yitzḥak said that the verse said in that regard: “From the first, I did not speak in concealment” (Isaiah 48:16). God did not give the Torah under the cloak of night, but rather in the light of day. The Gemara asks: And let them immerse themselves on Shabbat morning and receive the Torah on Shabbat morning. In that case, according to all opinions, the period of separation could have begun one twelve-hour period later. Rabbi Yitzḥak said: This was not done so that there would not be a situation where these, one segment of the people, would be going to receive the Torah while those, another segment of the people, would be going to immerse themselves. Optimally, the entire nation should go to receive the Torah together. Rabbi Ḥiyya, son of Rabbi Abba, said that Rabbi Yoḥanan said: These are the statements of Rabbi Yishmael and Rabbi Akiva. However, the Rabbis say: We require that six complete twelve-hour periods elapse between cohabitation and discharge. If a woman discharged semen less than seventy-two hours after having relations, the semen renders her ritually impure. Rav Ḥisda said: The dispute over how long semen renders one ritually impure is only with regard to semen that is discharged from a woman; however, if it is discharged from a man, e.g., it was on a garment, it is impure as long as it is moist, regardless of how much time passed since its discharge. Rav Sheshet raises an objection based on what was taught in a baraita: The Torah states: “And every garment, and every hide on which there is semen shall be immersed in water, and be impure until evening” (Leviticus 15:17). And the Sages taught: This excludes semen which is foul. What, is it not referring to semen discharged from a man, indicating that even moist semen becomes foul after a certain period of time and no longer transmits impurity? The Gemara rejects this: No, this halakha is referring to semen that was discharged from a woman. Rav Pappa raised a dilemma: What is the halakha with regard to semen of a Jew in the womb of a gentile woman? Do we say that since Jews are concerned about fulfilling mitzvot, due to that concern, their body temperature is hot and semen that is not absorbed becomes foul faster, in contrast to gentiles who are not concerned about fulfilling mitzvot for whom that is not the case? Or, perhaps, since gentiles eat detestable creatures and creeping animals their body temperature is also hot? And if you say that since they eat detestable creatures and creeping animals, their body temperature is hot, another dilemma can be raised: What is the halakha with regard to semen of a Jew in the womb of an animal? Do we say that in a woman, who has a long corridor [perozdor] to her womb, the semen becomes foul; but in an animal, which does not have as long a corridor, it does not? Or perhaps it is not different, and the period of time that the semen renders one ritually impure is the same in both cases? No resolution was found for these dilemmas. Therefore, let them stand unresolved. The Sages taught: On the sixth day of the month of Sivan, the Ten Commandments were given to the Jewish people. Rabbi Yosei says: On the seventh day of the month. Rava said: Everyone agrees that the Jews came to the Sinai desert on the New Moon, as it is written here: “In the third month after the children of Israel were gone forth out of the land of Egypt, the same day came they into the wilderness of Sinai” (Exodus 19:1), without elaborating what day it was. And it is written there: “This month shall be to you the beginning of months; it shall be the first month of the year to you” (Exodus 12:2). Just as there, the term “this” is referring to the New Moon, so too, here the term is referring to the New Moon. And similarly, everyone agrees that the Torah was given to the Jewish people on Shabbat, as it is written here in the Ten Commandments: “Remember the Shabbat day to keep it holy” (Exodus 20:8), and it is written there: “And Moses said to the people: Remember this day, in which you came out from Egypt, out of the house of bondage, for by strength of hand the Lord brought you out from this place; there shall be no leaven eaten” (Exodus 13:3). Just as there, the mitzva of remembrance was commanded on the very day of the Exodus, so too, here the mitzva of remembrance was commanded on the very day of Shabbat. Where Rabbi Yosei and the Sages disagree is with regard to the determination of the month, meaning which day of the week was established as the New Moon. Rabbi Yosei held: The New Moon was established on the first day of the week, and on the first day of the week He did not say anything to them due to the weariness caused by the journey. On the second day of the week, He said to them: “And you shall be to Me a kingdom of priests and a holy nation; these are the words that you shall speak to the children of Israel” (Exodus 19:6). On the third day of the week, God said to them the mitzva of setting boundaries around Mount Sinai. On the fourth day of the week, the husbands and wives separated from one another. And the Rabbis hold: On the second day of the week the New Moon was established, and on the second day of the week God did not say anything to them due to the weariness caused by their journey. On the third day of the week, God said to them: “And you shall be to Me a kingdom of priests and a holy nation; these are the words that you shall speak to the children of Israel” (Exodus 19:6). On the fourth day of the week, God said to them the mitzva of setting boundaries around Mount Sinai. On the fifth day of the week, the husbands and wives separated from one another. The Gemara raises an objection: Doesn’t the verse state: “And the Lord said to Moses: Go to the people and sanctify them today and tomorrow and let them wash their garments” (Exodus 19:10), indicating that the husbands and wives were separated for only two days? This is difficult according to the opinion of Rabbi Yosei, who said earlier that the separation was for three days. The Gemara answers: Rabbi Yosei could have said to you: Moses added one day to the number of days that God commanded based on his own perception, as it was taught in a baraita: Moses did three things based on his own perception, and the Holy One, Blessed be He, agreed with him. He added one day to the days of separation before the revelation at Sinai based on his own perception. And he totally separated from his wife after the revelation at Sinai. And he broke the tablets following the sin of the Golden Calf. The Gemara discusses these cases: He added one day based on his own perception. What source did he interpret that led him to do so? He reasoned that since the Holy One, Blessed be He, said: “Sanctify them today and tomorrow,” the juxtaposition of the two days teaches that today is like tomorrow; just as tomorrow the men and women will separate for that day and the night preceding it, so too, today requires separation for the day and the night preceding it. Since God spoke to him in the morning, and the night of that day already passed, Moses concluded: Derive from it that separation must be in effect for two days besides that day. Therefore, he extended the mitzva of separation by one day. And from where do we derive that the Holy One, Blessed be He, agreed with his interpretation? It is derived from the fact that the Divine Presence did not rest upon Mount Sinai until Shabbat morning, as Moses had determined. And he totally separated from his wife after the revelation at Sinai. What source did he interpret that led him to do so? He reasoned an a fortiori inference by himself and said: If Israel, with whom the Divine Presence spoke only one time and God set a specific time for them when the Divine Presence would be revealed, and yet the Torah stated: “Prepare yourselves for three days, do not approach a woman” (Exodus 19:15); I, with whom the Divine Presence speaks all the time and God does not set a specific time for me, all the more so that I must separate from my wife. And from where do we derive that the Holy One, Blessed be He, agreed with him? As it is written after the revelation at Sinai: “Go say to them: Return to your tents” (Deuteronomy 5:26), meaning to your homes and wives. And afterward it is written that God told Moses: “And you, stand here with Me” (Deuteronomy 5:27), indicating that Moses was not allowed to return home, as he must constantly be prepared to receive the word of God. And some say a different source indicating that God agreed with his reasoning. When Aaron and Miriam criticized Moses’ separation from his wife, God said: “With him do I speak mouth to mouth, even manifestly, and not in dark speeches; and the similitude of the Lord does he behold; why then were you not afraid to speak against My servant, against Moses?” (Numbers 12:8). This indicates that God agreed with his reasoning. And he broke the tablets following the sin of the Golden Calf. What source did he interpret that led him to do so? Moses said: With regard to the Paschal lamb, which is only one of six hundred and thirteen mitzvot, the Torah stated: “And the Lord said unto Moses and Aaron: This is the ordinance of the Paschal offering; no alien shall eat of it” (Exodus 12:43), referring not only to gentiles, but to apostate Jews as well. Regarding the tablets, which represented the entire Torah, and Israel at that moment were apostates, as they were worshipping the calf, all the more so are they not worthy of receiving the Torah. And from where do we derive that the Holy One, Blessed be He, agreed with his reasoning? As it is stated: “The first tablets which you broke [asher shibarta]” (Exodus 34:1), and Reish Lakish said: The word asher is an allusion to the phrase: May your strength be true [yishar koḥakha] due to the fact that you broke the tablets. Come and hear an additional difficulty from the verse: “And be prepared for the third day, for on the third day God will descend onto Mount Sinai before the eyes of the entire nation” (Exodus 19:11). This indicates that God said that the Torah would be given on the third day after two days of separation. This is difficult according to the opinion of Rabbi Yosei. The Gemara answers: Didn’t we say that Moses added one day based on his own perception? Come and hear a proof against this from what was taught in a baraita. That which is stated in the Torah: “For on the third day,” means the third day of the month and the third day of the week. Apparently, the New Moon was on Sunday. This is difficult according to the opinion of the Rabbis. The Gemara answers: The Rabbis could have said to you: Whose is the opinion in this baraita? It is the opinion of Rabbi Yosei. Therefore, this baraita poses no difficulty to the opinion of the Rabbis. According to the opinion of the Rabbis, that day was the third day of what reckoning? As it was taught in a baraita: It is written: “And Moses reported the words of the people to the Lord” (Exodus 19:8). And it is written immediately thereafter: “And God said to Moses: Behold I will come to you in a thick cloud so that the people will hear when I speak with you, and they will also believe in you forever. And Moses told the words of the people to the Lord” (Exodus 19:9). The Gemara asks: What did the Holy One, Blessed be He, say to Moses, and what did Moses say to Israel, and what did Israel say to Moses, and what did Moses report to the Almighty? The verses do not elaborate on the content of God’s command to Moses, which Moses then told the people and which they accepted. It must be that this refers to the mitzva of setting boundaries, which Moses told the people and which they accepted. He then went back and reported to God that the people accepted the mitzva; this is the statement of Rabbi Yosei bar Yehuda. Rabbi Yehuda HaNasi says: At first, he explained the punishment and the hardship involved in receiving the Torah, as it is written: “And Moses reported [vayashev],” which is interpreted homiletically as: Matters that shatter [meshabbevin] (Rav Hai Gaon) a person’s mind; and, ultimately, he explained its reward, as it is written: “And Moses told [vayagged],” which is interpreted homiletically as: Matters that draw a person’s heart like aggada. And some say that at first, he explained its reward, as it is written: “And Moses reported,” which is interpreted homiletically as: Matters that restore [meshivin] and calm a person’s mind; and ultimately, he explained its punishment, as it is written: “And Moses told,” matters that are as difficult for a person as wormwood [gidin]. Come and hear a proof from that which was taught in a baraita: The sixth was the sixth day of the month and the sixth day of the week. This is also difficult according to the opinion of the Rabbis. The Gemara answers: This baraita is also according to the opinion of Rabbi Yosei. But if so, according to the opinion of the Rabbis, that day was the sixth day of what reckoning? Rava said: the sixth day from their encampment. Rav Aḥa bar Ya’akov said: The sixth day from the start of their journey. They left Refidim and arrived and camped in the desert on the same Sunday. And Rava and Rav Aḥa bar Ya’akov disagree with regard to the mitzva of Shabbat commanded to the Jewish people at Mara, as it is written in the fourth commandment: “Observe the Shabbat day to keep it holy as the Lord your God commanded you” (Deuteronomy 5:11). And Rav Yehuda said that Rav said: As He commanded you in Mara, as it is stated: “There He made for him a statute and an ordinance, and there He proved him” (Exodus 15:25). Their dispute was: One Master held: They were commanded about Shabbat, but they were not commanded about Shabbat boundaries. Therefore, it was permitted to travel from Refidim on Shabbat, because the restriction of Shabbat boundaries was not yet in effect. And one Master held: They were also commanded about the boundaries, and therefore, it was prohibited to leave Refidim on Shabbat. Come and hear an additional proof with regard to the day of the revelation at Sinai from what was taught in a baraita: In the month of Nisan during which the Jewish people left Egypt, on the fourteenth, they slaughtered their Paschal lambs; on the fifteenth, they left Egypt; and in the evening, the firstborn were stricken. The Gemara asks: Does it enter your mind to say that they were stricken in the evening? Was the Plague of the Firstborn after the Jews left Egypt? Rather, say that the evening before, the firstborn were stricken. And that day was the fifth day of the week. From the fact that the fifteenth of Nisan was a Thursday, the New Moon of Iyyar was Shabbat, as Nisan is typically thirty days long. And the New Moon of Sivan was on the first day of the week, as Iyyar is typically twenty-nine days long. This is difficult according to the opinion of the Rabbis, who hold that the New Moon of Sivan that year was on Monday. The Gemara answers: The Rabbis could have said to you that a day was added to Iyyar that year and it was thirty days long. The New Moon was determined by testimony of witnesses who saw the new moon, together with astronomical calculations that the testimony was feasible. Therefore, Iyyar could be thirty days long. If that was the case, the New Moon of Sivan was on Monday. Come and hear an objection from what was taught in a different baraita that they did not add a day to Iyyar that year, as the Sages taught: In the month of Nisan during which the Jewish people left Egypt, on the fourteenth, they slaughtered their Paschal lambs; on the fifteenth, they left Egypt; and in the evening, the firstborn were stricken. The Gemara asks: Does it enter your mind to say that they were stricken in the evening? Was the Plague of the Firstborn after the Jews left Egypt? Rather, say that the evening before, the firstborn were stricken. And that day was the fifth day of the week. Nisan was complete, i.e., it was thirty days long, and the New Moon of Iyyar occurred on a Shabbat. Iyyar was lacking, i.e., it was twenty-nine days long, and the New Moon of Sivan occurred on the first day of the week. This is difficult according to the opinion of the Rabbis. The Gemara answers: Whose is the opinion in this baraita? It is the opinion of Rabbi Yosei. Therefore, this baraita poses no difficulty to the opinion of the Rabbis. Rav Pappa said: Come and hear a different proof from another verse, as it is stated: “And they took their journey from Elim, and all the congregation of the children of Israel came unto the wilderness of Sin, which is between Elim and Sinai, on the fifteenth day of the second month after their departing out of the land of Egypt” (Exodus 16:1). And that day was Shabbat, as it is written: “And in the morning, then you shall see the glory of the Lord; for He has heard your murmurings against the Lord; and what are we, that you murmur against us?” (Exodus 16:7). The next day the glory of God was revealed, and He told them that in the afternoon the manna and quail would begin to fall, and it is written: “Six days you shall gather it; but on the seventh day is Sabbath, there shall be none in it” (Exodus 16:26). Apparently, the first six days after this command were weekdays on which the manna fell, and the fifteenth of Iyyar was Shabbat. And from the fact that the fifteenth of Iyyar was Shabbat, the New Moon of Sivan was on the first day of the week. This is difficult according to the opinion of the Rabbis. The Gemara answers: According to the Rabbis, a day was added to Iyyar that year and it was thirty days long. Therefore, the New Moon of Sivan was on Monday. Rav Ḥavivi from Ḥozena’a said to Rav Ashi: Come and hear a different proof from the following verse: “And it came to pass in the first month in the second year, on the first day of the month, that the Tabernacle was erected” (Exodus 40:17). It was taught: That day took ten crowns. It was the first day of Creation, meaning Sunday, the first day of the offerings brought by the princes, the first day of the priesthood, the first day of service in the Temple, the first time for the descent of fire onto the altar, the first time that consecrated foods were eaten, the first day of the resting of the Divine Presence upon the Jewish people, the first day that the Jewish people were blessed by the priests, and the first day of the prohibition to bring offerings on improvised altars. Once the Tabernacle was erected, it was prohibited to offer sacrifices elsewhere. And it was the first of the months. And from the fact that the New Moon of Nisan of that year was on the first day of the week, in the previous year, it was on the fourth day of the week. As it was taught in a baraita, Aḥerim say: Between the festival of Assembly, i.e., Shavuot, of one year and the festival of Assembly of the following year, and similarly, between Rosh HaShana of one year and Rosh HaShana of the following year, there is only a difference of four days of the week. And if it was a leap year, there is a difference of five days between them. There are three hundred and fifty four days in a year, which are divided into twelve months, six months that are thirty days long and six months that are twenty-nine days long. If the New Moon of Nisan was on Wednesday, the New Moon of Iyyar was on Shabbat eve, and the New Moon of Sivan was on Shabbat. This is difficult both according to Rabbi Yosei, who holds that the New Moon of Sivan was on Sunday, and according to the Rabbis, who hold it was on Monday. The Gemara answers: Both Rabbi Yosei and the Rabbis disagree with Aḥerim. According to Rabbi Yosei, they established seven months that were lacking in the first year, i.e., seven months that were twenty-nine days long, and according to the Rabbis, they established eight months that were lacking. The Gemara cites another objection. Come and hear that which was taught in a baraita in the anthology called Seder Olam: In the month of Nisan during which the Jewish people left Egypt, on the fourteenth they slaughtered their Paschal lambs, on the fifteenth they left Egypt, and that day was Shabbat eve. From the fact that the New Moon of Nisan was on Shabbat eve, we can infer that the New Moon of Iyyar was on the first day of the week, and the New Moon of Sivan was on the second day of the week. This is difficult according to the opinion of Rabbi Yosei, who holds that the New Moon of Sivan was on Sunday. The Gemara answers that Rabbi Yosei could have said to you: Whose is the opinion in this baraita? It is the opinion of the Rabbis. Therefore, this baraita poses no difficulty to the opinion of the Rabbi Yosei. The Gemara cites another objection: Come and hear from that which was taught, that Rabbi Yosei says: On the second day of Sivan, Moses ascended Mount Sinai and descended. On the third day, he ascended and descended. On the fourth day, he descended and did not ascend Mount Sinai again until he was commanded along with all of the Jewish people. And the Gemara asks: How is it possible that he descended on the fourth day? Since he did not ascend, from where did he descend? Rather, this must be emended: On the fourth day, he ascended and descended. On the fifth day, he built an altar and sacrificed an offering. On the sixth day, he had no time. The Gemara asks: Is that not because he received the Torah on the sixth day of the month? Apparently, this baraita supports the opinion of the Rabbis. The Gemara rejects this: No, he had no time due to the burden of preparing for Shabbat. The Gemara adds: A Galilean taught, while standing above Rav Ḥisda: Blessed is the all-Merciful One, Who gave the threefold Torah: Torah, Prophets, and Writings, to the three-fold nation: Priests, Levites, and Israelites, by means of a third-born: Moses, who followed Aaron and Miriam in birth order, on the third day of the separation of men and women, in the third month: Sivan. On whose opinion is this homily based? It is based on the opinion of the Rabbis, who hold that the Torah was given on the third day of separation and not on the fourth day. The Gemara cites additional homiletic interpretations on the topic of the revelation at Sinai. The Torah says, “And Moses brought forth the people out of the camp to meet God; and they stood at the lowermost part of the mount” (Exodus 19:17). Rabbi Avdimi bar Ḥama bar Ḥasa said: the Jewish people actually stood beneath the mountain, and the verse teaches that the Holy One, Blessed be He, overturned the mountain above the Jews like a tub, and said to them: If you accept the Torah, excellent, and if not, there will be your burial. Rav Aḥa bar Ya’akov said: From here there is a substantial caveat to the obligation to fulfill the Torah. The Jewish people can claim that they were coerced into accepting the Torah, and it is therefore not binding. Rava said: Even so, they again accepted it willingly in the time of Ahasuerus, as it is written: “The Jews ordained, and took upon them, and upon their seed, and upon all such as joined themselves unto them” (Esther 9:27), and he taught: The Jews ordained what they had already taken upon themselves through coercion at Sinai. Ḥizkiya said: What is the meaning of that which is written: “You caused sentence to be heard from heaven; the earth feared, and was silent” (Psalms 76:9)? If it was afraid, why was it silent; and if it was silent, why was it afraid? Rather, the meaning is: At first, it was afraid, and in the end, it was silent. “You caused sentence to be heard from heaven” refers to the revelation at Sinai. And why was the earth afraid? It is in accordance with the statement of Reish Lakish, as Reish Lakish said: What is the meaning of that which is written: “And there was evening and there was morning, the sixth day” (Genesis 1:31)? Why do I require the superfluous letter heh, the definite article, which does not appear on any of the other days? It teaches that the Holy One, Blessed be He, established a condition with the act of Creation, and said to them: If Israel accepts the Torah on the sixth day of Sivan, you will exist; and if they do not accept it, I will return you to the primordial state of chaos and disorder. Therefore, the earth was afraid until the Torah was given to Israel, lest it be returned to a state of chaos. Once the Jewish people accepted the Torah, the earth was calmed. Rabbi Simai taught: When Israel accorded precedence to the declaration “We will do” over the declaration “We will hear,” 600,000 ministering angels came and tied two crowns to each and every member of the Jewish people, one corresponding to “We will do” and one corresponding to “We will hear.” And when the people sinned with the Golden Calf, 1,200,000 angels of destruction descended and removed them from the people, as it is stated in the wake of the sin of the Golden Calf: “And the children of Israel stripped themselves of their ornaments from Mount Horeb onward” (Exodus 33:6). Rabbi Ḥama, son of Rabbi Ḥanina, said: At Horeb they put on their ornaments, and at Horeb they removed them. The source for this is: At Horeb they put them on, as we have said; at Horeb they removed them, as it is written: “And the children of Israel stripped themselves of their ornaments from Mount Horeb.” Rabbi Yoḥanan said: And Moses merited all of these crowns and took them. What is the source for this? Because juxtaposed to this verse, it is stated: “And Moses would take the tent [ohel]” (Exodus 33:7). The word ohel is interpreted homiletically as an allusion to an aura or illumination [hila]. Reish Lakish said: In the future, the Holy One, Blessed be He, will return them to us, as it is stated: “And the ransomed of the Lord shall return, and come with singing unto Zion, and everlasting joy shall be upon their heads” (Isaiah 35:10). The joy that they once had will once again be upon their heads. Rabbi Elazar said: When the Jewish people accorded precedence to the declaration “We will do” over “We will hear,” a Divine Voice emerged and said to them: Who revealed to my children this secret that the ministering angels use? As it is written: “Bless the Lord, you angels of His, you mighty in strength, that fulfill His word, hearkening unto the voice of His word” (Psalms 103:20). At first, the angels fulfill His word, and then afterward they hearken. Rabbi Ḥama, son of Rabbi Ḥanina, said: What is the meaning of that which is written: “As an apple tree among the trees of the wood, so is my beloved among the sons. Under its shadow I delighted to sit and its fruit was sweet to my taste” (Song of Songs 2:3)? Why were the Jewish people likened to an apple tree? It is to tell you that just as this apple tree, its fruit grows before its leaves, so too, the Jewish people accorded precedence to “We will do” over “We will hear.” The Gemara relates that a heretic saw that Rava was immersed in studying halakha, and his fingers were beneath his leg and he was squeezing them, and his fingers were spurting blood. Rava did not notice that he was bleeding because he was engrossed in study. The heretic said to Rava: You impulsive nation, who accorded precedence to your mouths over your ears. You still bear your impulsiveness, as you act without thinking. You should listen first. Then, if you are capable of fulfilling the commands, accept them. And if not, do not accept them. He said to him: About us, who proceed wholeheartedly and with integrity, it is written: “The integrity of the upright will guide them” (Proverbs 11:3), whereas about those people who walk in deceit, it is written at the end of the same verse: “And the perverseness of the faithless will destroy them.” Rabbi Shmuel bar Naḥamani said that Rabbi Yonatan said: What is the meaning of that which is written: “You have ravished my heart, my sister, my bride; you have ravished my heart with one of your eyes, with one bead of your necklace” (Song of Songs 4:9)? At first when you, the Jewish people, merely accepted the Torah upon yourselves it was with one of your eyes; however, when you actually perform the mitzvot it will be with both of your eyes. Ulla said with regard to the sin of the Golden Calf: Insolent is the bride who is promiscuous under her wedding canopy. Rav Mari, son of the daughter of Shmuel, said: What verse alludes to this? “While the king was still at his table my spikenard gave off its fragrance” (Song of Songs 1:12). Its pleasant odor dissipated, leaving only an offensive odor. Rav said: Nevertheless, it is apparent from the verse that the affection of the Holy One, Blessed be He, is still upon us, as it is written euphemistically as “gave off its fragrance,” and the verse did not write, it reeked. And the Sages taught: About those who are insulted and do not insult, who hear their shame and do not respond, who act out of love and are joyful in suffering, the verse says: “And they that love Him are as the sun going forth in its might” (Judges 5:31). With regard to the revelation at Sinai, Rabbi Yoḥanan said: What is the meaning of that which is written: “The Lord gives the word; the women that proclaim the tidings are a great host” (Psalms 68:12)? It means that each and every utterance that emerged from the mouth of the Almighty divided into seventy languages, a great host. And, similarly, the school of Rabbi Yishmael taught with regard to the verse: “Behold, is My word not like fire, declares the Lord, and like a hammer that shatters a rock?” (Jeremiah 23:29). Just as this hammer breaks a stone into several fragments, so too, each and every utterance that emerged from the mouth of the Holy One, Blessed be He, divided into seventy languages. The Gemara continues in praise of the Torah. Rav Ḥananel bar Pappa said: What is the meaning of that which is written: “Listen, for I will speak royal things, and my lips will open with upright statements” (Proverbs 8:6)? Why are matters of Torah likened to a king? To teach you that just as this king has the power to kill and to grant life, so too, matters of Torah have the power to kill and to grant life. And that is what Rava said: To those who are right-handed in their approach to Torah, and engage in its study with strength, good will, and sanctity, Torah is a drug of life, and to those who are left-handed in their approach to Torah, it is a drug of death. Alternatively, why are matters of Torah referred to as royal? Because to each and every utterance that emerged from the mouth of the Holy One, Blessed be He, two crowns are tied. Rabbi Yehoshua ben Levi said: What is the meaning of that which is written: “My beloved is to me like a bundle of myrrh that lies between my breasts” (Song of Songs 1:13)? The Congregation of Israel said before the Holy One, Blessed be He: Master of the Universe, even though my beloved, God, causes me suffering and bitterness, He still lies between my breasts. And Rabbi Yehoshua ben Levi interpreted the verse: “My beloved is to me like a cluster [eshkol] of henna [hakofer] in the vineyards of [karmei] Ein Gedi” (Song of Songs 1:14). He, Whom everything [shehakol] is His, forgives [mekhapper] me for the sin of the kid [gedi], i.e., the calf, that I collected [shekaramti] for myself. The Gemara explains: From where is it inferred that the word in this verse, karmei, is a term of gathering? Mar Zutra, son of Rav Naḥman, said that it is as we learned in a mishna: A launderer’s chair upon which one gathers [koremim] the garments. And Rabbi Yehoshua ben Levi said: What is the meaning of that which is written: “His cheeks are as a bed of spices, as banks of sweet herbs, his lips are lilies dripping with flowing myrrh” (Song of Songs 5:13)? It is interpreted homiletically: From each and every utterance that emerged from His cheeks, i.e., the mouth of the Holy One, Blessed be He, the entire world was filled with fragrant spices. And since the world was already filled by the first utterance, where was there room for the spices of the second utterance to go? The Holy One, Blessed be He, brought forth wind from His treasuries and made the spices pass one at a time, leaving room for the consequences of the next utterance. As it is stated: “His lips are lilies [shoshanim] dripping with flowing myrrh.” Each and every utterance resulted in flowing myrrh. Do not read the word in the verse as shoshanim; rather, read it as sheshonim, meaning repeat. Each repeat utterance produced its own fragrance. And Rabbi Yehoshua ben Levi said: From each and every utterance that emerged from the mouth of the Holy One, Blessed be He, the souls of the Jewish people left their bodies, as it is stated: “My soul departed when he spoke” (Song of Songs 5:6). And since their souls left their bodies from the first utterance, how did they receive the second utterance? Rather, God rained the dew upon them that, in the future, will revive the dead, and He revived them, as it is stated: “You, God, poured down a bountiful rain; when Your inheritance was weary You sustained it” (Psalms 68:10). And Rabbi Yehoshua ben Levi said: With each and every utterance that emerged from the mouth of the Holy One, Blessed be He, the Jewish people retreated in fear twelve mil, and the ministering angels walked them back toward the mountain, as it is stated: “The hosts of angels will scatter [yidodun]” (Psalms 68:13). Do not read the word as yidodun, meaning scattered; rather, read it as yedadun, they walked them. And Rabbi Yehoshua ben Levi said: When Moses ascended on High to receive the Torah, the ministering angels said before the Holy One, Blessed be He: Master of the Universe, what is one born of a woman doing here among us? The Holy One, Blessed be He, said to them: He came to receive the Torah. The angels said before Him: The Torah is a hidden treasure that was concealed by You 974 generations before the creation of the world, and You seek to give it to flesh and blood? As it is stated: “The word which He commanded to a thousand generations” (Psalms 105:8). Since the Torah, the word of God, was given to the twenty-sixth generation after Adam, the first man, the remaining 974 generations must have preceded the creation of the world. “What is man that You are mindful of him and the son of man that You think of him?” (Psalms 8:5). Rather, “God our Lord, how glorious is Your name in all the earth that Your majesty is placed above the heavens” (Psalms 8:2). The rightful place of God’s majesty, the Torah, is in the heavens. The Holy One, Blessed be He, said to Moses: Provide them with an answer as to why the Torah should be given to the people. Moses said before Him: Master of the Universe, I am afraid lest they burn me with the breath of their mouths. God said to him: Grasp My throne of glory for strength and protection, and provide them with an answer. And from where is this derived? As it is stated: “He causes him to grasp the front of the throne, and spreads His cloud over it” (Job 26:9), and Rabbi Naḥum said: This verse teaches that God spread the radiance of His presence and His cloud over Moses. Moses said before Him: Master of the Universe, the Torah that You are giving me, what is written in it? God said to him: “I am the Lord your God Who brought you out of Egypt from the house of bondage” (Exodus 20:2). Moses said to the angels: Did you descend to Egypt? Were you enslaved to Pharaoh? Why should the Torah be yours? Again Moses asked: What else is written in it? God said to him: “You shall have no other gods before Me” (Exodus 20:3). Moses said to the angels: Do you dwell among the nations who worship idols that you require this special warning? Again Moses asked: What else is written in it? The Holy One, Blessed be He, said to him: “Remember the Shabbat day to sanctify it” (Exodus 20:8). Moses asked the angels: Do you perform labor that you require rest from it? Again Moses asked: What else is written in it? “Do not take the name of the Lord your God in vain” (Exodus 20:7), meaning that it is prohibited to swear falsely. Moses asked the angels: Do you conduct business with one another that may lead you to swear falsely? Again Moses asked: What else is written in it? The Holy One, Blessed be He, said to him: “Honor your father and your mother” (Exodus 20:12). Moses asked the angels: Do you have a father or a mother that would render the commandment to honor them relevant to you? Again Moses asked: What else is written in it? God said to him: “You shall not murder, you shall not commit adultery, you shall not steal” (Exodus 20:13) Moses asked the angels: Is there jealousy among you, or is there an evil inclination within you that would render these commandments relevant? Immediately they agreed with the Holy One, Blessed be He, that He made the right decision to give the Torah to the people, and as it is stated: “God our Lord, how glorious is Your name in all the earth” (Psalms 8:10), while “that Your majesty is placed above the heavens” is not written because the angels agreed with God that it is appropriate to give the Torah to the people on earth. Immediately, each and every one of the angels became an admirer of Moses and passed something to him, as it is stated: “You ascended on high, you took a captive, you took gifts on account of man, and even among the rebellious also that the Lord God might dwell there” (Psalms 68:19). The meaning of the verse is: In reward for the fact that they called you man, you are not an angel and the Torah is applicable to you, you took gifts from the angels. And even the Angel of Death gave him something, as Moses told Aaron how to stop the plague, as it is stated: “And he placed the incense, and he atoned for the people” (Numbers 17:12). And the verse says: “And he stood between the dead and the living, and the plague was stopped” (Numbers 17:13). If it were not that the Angel of Death told him this remedy, would he have known it? And Rabbi Yehoshua ben Levi said: When Moses descended from standing before the Holy One, Blessed be He, with the Torah, Satan came and said before Him: Master of the Universe, where is the Torah?
He said to him: I have given it to the earth. He went to the earth, and said to it: Where is the Torah? It said to him: I do not know, as only: “God understands its way, and He knows its place” (Job 28:23).
He went to the sea and asked: Where is the Torah? And the sea said to him: “It is not with me.”
He went to the depths and asked: Where is the Torah? And the depths said to him: “It is not within me.” And from where is it derived that the sea and the depths answered him this way? As it is stated: “The depth said: It is not within me, and the sea said: It is not with me” (Job 28:14). “Destruction and death said: We heard a rumor of it with our ears” (Job 28:22).
Satan returned and said before the Holy One, Blessed be He: Master of the Universe, I searched for the Torah throughout all the earth and did not find it. He said to him: Go to Moses, son of Amram. He went to Moses and said to him: The Torah that the Holy One, Blessed be He, gave you, where is it? Moses evaded the question and said to him: And what am I that the Holy One, Blessed be He, would have given me the Torah? I am unworthy. The Holy One, Blessed be He, said to Moses: Moses, are you a fabricator? Moses said before Him: Master of the Universe, You have a hidden treasure in which You delight every day, as it is stated: “And I was His delight every day, playing before Him at every moment” (Proverbs 8:30). Should I take credit for myself and say that You gave it to me? The Holy One, Blessed be He, said to Moses: Since you belittled yourself, the Torah will be called by your name, as it is stated: “Remember the Torah of Moses My servant to whom I commanded at Horeb laws and statutes for all of Israel” (Malachi 3:22). And Rabbi Yehoshua ben Levi said: When Moses ascended on High, he found the Holy One, Blessed be He, tying crowns to letters. On the tops of certain letters there are ornamental crownlets. Moses said nothing, and God said to him: Moses, is there no greeting in your city? Do people not greet each other in your city? He said before Him: Does a servant greet his master? That would be disrespectful. He said to him: At least you should have assisted Me and wished Me success in My work. Immediately he said to Him: “And now, may the power of the Lord be great as you have spoken” (Numbers 14:17). And Rabbi Yehoshua ben Levi said: What is the meaning of that which is written: “And the people saw that Moses delayed [boshesh] to come down from the mount” (Exodus 32:1)? Do not read the word in the verse as boshesh; rather, read it as ba’u shesh, six hours have arrived. When Moses ascended on High, he told the Jewish people: In forty days, at the beginning of six hours, I will come. After forty days, Satan came and brought confusion to the world by means of a storm, and it was impossible to ascertain the time. Satan said to the Jews: Where is your teacher Moses? They said to him: He ascended on High. He said to them: Six hours have arrived and he has not yet come. Surely he won’t. And they paid him no attention. Satan said to them: Moses died. And they paid him no attention. Ultimately, he showed them an image of his death-bed and an image of Moses’ corpse in a cloud. And that is what the Jewish people said to Aaron: “For this Moses, the man who brought us up out of the land of Egypt, we know not what has become of him” (Exodus 32:1). One of the Sages said to Rav Kahana: Did you hear what is the reason that the mountain was called Mount Sinai? Rav Kahana said to him: It is because it is a mountain upon which miracles [nissim] were performed for the Jewish people. The Sage said to him: If so, it should have been called Mount Nisai, the mountain of miracles. Rather, Rav Kahana said to him: It is a mountain that was a good omen [siman] for the Jewish people. The Sage said to him: If so, it should have been called Har Simanai, the mountain of omens. Rav Kahana said to him: What is the reason that you do not frequent the school where you can study before Rav Pappa and Rav Huna, son of Rav Yehoshua, who study aggada? As Rav Ḥisda and Rabba, son of Rav Huna, both said: What is the reason it is called Mount Sinai? It is because it is a mountain upon which hatred [sina] for the nations of the world descended because they did not accept the Torah. And that is what Rabbi Yosei, son of Rabbi Ḥanina, said: The desert in which Israel remained for forty years has five names. Each name has a source and a rationale: The Zin Desert, because the Jewish people were commanded [nitztavu] in it; the Kadesh Desert, because the Jewish people were sanctified [nitkadshu] in it. The Kedemot Desert, because the ancient [keduma] Torah, which preceded the world, was given in it. The Paran Desert, because the Jewish people were fruitful [paru] and multiplied in it; the Sinai Desert, because hatred descended upon the nations of the world on it, on the mountain on which the Jewish people received the Torah. And what is the mountain’s true name? Horeb is its name. And that disputes the opinion of Rabbi Abbahu, as Rabbi Abbahu said: Mount Sinai is its name. And why is it called Mount Horeb? It is because destruction [ḥurba] of the nations of the world descended upon it. We learned in the mishna: From where is it derived that one ties a scarlet strip of wool to the scapegoat? As it says: “If your sins be like scarlet [kashanim], they will become white like snow” (Isaiah 1:18). The Gemara wonders at this: Why does the verse use the plural form: Kashanim? It should have used the singular form: Kashani. Rabbi Yitzḥak said that the Holy One, Blessed be He, said to the Jewish people: Even if your sins are as numerous as those years [kashanim] that have proceeded continuously from the six days of Creation until now, they will become white like snow. Rava taught: What is the meaning of that which is written: “Go please and let us reason together, the Lord will say” (Isaiah 1:18)? Why does the verse say: Go please? It should have said: Come please. And why does the verse say: The Lord will say? The prophet’s message is based on something that God already said. Therefore, the verse should have said: God said. Rather, the explanation of this verse is that in the future that will surely come, the Holy One, Blessed be He, will say to the Jewish people: Go please to your Patriarchs, and they will rebuke you. And the Jewish people will say before Him: Master of the Universe, to whom shall we go? Shall we go to Abraham, to whom You said: “Know certainly that your seed shall be a stranger in a land that is not theirs, and shall serve them; and they shall afflict them four hundred years” (Genesis 15:13), and he did not ask for mercy on our behalf? Or perhaps we should go to Isaac, who blessed Esau and said: “And it shall come to pass when you shall break loose, that you shall shake his yoke from off your neck” (Genesis 27:40), and he did not ask for mercy on our behalf. Or perhaps we should go to Jacob, to whom You said: “I will go down to Egypt with you” (Genesis 46:4), and he did not ask for mercy on our behalf. And if so, to whom shall we go? Shall we go to our Patriarchs, who do not have mercy on us? Rather, now God Himself says what punishment we deserve. The Holy One, Blessed be He, said to them: Since you made yourselves dependent on Me, “If your sins be like scarlet, they will become white like snow.” Apropos the Jewish people assessing their forefathers, the Gemara cites a related teaching. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: What is the meaning of that which is written: “For You are our Father; for Abraham knows us not, and Israel does not acknowledge us; You, Lord, are our Father, our Redeemer, everlasting is Your name” (Isaiah 63:16)? In the future that will surely come, the Holy One, Blessed be He, will say to Abraham: Your children have sinned against Me. Abraham will say before Him: Master of the Universe, if so, let them be eradicated to sanctify Your name. God said: I will say it to Jacob. Since he experienced the pain of raising children, perhaps he will ask for mercy on their behalf. He said to Jacob: Your children have sinned. Jacob said before Him: Master of the Universe, if so, let them be eradicated to sanctify Your name. The Holy One, Blessed be He, said: There is no reason in elders and no wisdom in youth. Neither Abraham nor Jacob knew how to respond properly. He said to Isaac: Your children have sinned against Me. Isaac said before Him: Master of the Universe, are they my children and not Your children? At Sinai, when they accorded precedence to “We will do” over “We will listen” before You, didn’t You call them, “My son, My firstborn son Israel” (Exodus 4:22)? Now that they have sinned, are they my children and not Your children? And furthermore, how much did they actually sin? How long is a person’s life? Seventy years. Subtract the first twenty years of his life. One is not punished for sins committed then, as in heavenly matters, a person is only punished from age twenty. Fifty years remain for them. Subtract twenty-five years of nights, and twenty-five years remain for them. Subtract twelve and a half years during which one prays and eats and uses the bathroom, and twelve and a half years remain for them. If You can endure them all and forgive the sins committed during those years, excellent. And if not, half of the sins are upon me to bear and half upon You. And if You say that all of them, the sins of all twelve and a half years that remain, are upon me, I sacrificed my soul before You and You should forgive them due to my merit. The Jewish people began to say to Isaac: You are our father. Only Isaac defended the Jewish people as a father would and displayed compassion toward his children. Isaac said to them: Before you praise me, praise the Holy One, Blessed be He. And Isaac points to the Holy One, Blessed be He, before their eyes. Immediately they lifted their eyes to the heavens and say: “You, Lord, are our Father, our Redeemer, everlasting is Your name.” And since the Gemara mentioned Jacob’s descent to Egypt, the Gemara cites that which Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: Our father Jacob should have gone down to Egypt in iron chains as would an exile against his will, as decreed by God and related to Abraham. However, his merit caused him to descend without suffering, as it is written: “I drew them with cords of man, with bands of love, and I was to them as they that take off the yoke on their jaws, and I fed them gently” (Hosea 11:4). MISHNA: After an extended digression for a discussion of matters unrelated to the halakhot of Shabbat, this mishna resumes treatment of the halakhot of carrying from domain to domain on Shabbat. One who carries out wood on Shabbat is liable for a measure equivalent to the amount of wood necessary to cook an easily cooked egg. The measure that determines liability for carrying out spices is equivalent to that which is used to season an easily cooked egg. And all types of spices join together with one another to constitute the measure for liability. The measure that determines liability for carrying out nutshells, pomegranate peels, safflower, and madder, which are used to produce dyes, is equivalent to the amount that is used to dye a small garment placed atop a woman’s hairnet. The measure that determines liability for carrying out urine, natron, and borit, cimolian earth [Kimoleya], and potash, all of which are abrasive materials used for laundry, is equivalent to the amount that is used to launder a small garment placed atop a woman’s hairnet. And Rabbi Yehuda says: The measure that determines liability for these materials is equivalent to that which is used to remove a stain. GEMARA: With regard to the measure of wood, the Gemara asks: Didn’t we already learn it once? As we learned in a mishna: The measure that determines liability for carrying out a reed is equivalent to that which is used to make a quill. And if the reed was thick and unfit for writing, or if it was fragmented, the measure that determines its liability is equivalent to that which is used to cook an egg most easily cooked, one that is already beaten and placed in a stew pot. The measure of firewood is clearly delineated. The Gemara answers: Still, this mishna is necessary. You might have said: There, the measure of the crushed reed reflects the fact that it is not suitable for anything other than kindling. However, regarding wood that is suitable to be used as a tooth of a key [aklida], the measure that determines its liability should be even any small amount. Therefore, it teaches us that wood is typically designated for burning, and that determines the measure for liability for carrying out wood on Shabbat. We learned in the mishna that all types of spices join together with one another to constitute the measure equivalent to that which is used to season an easily cooked egg. The Gemara raises a contradiction from that which we learned elsewhere: Spices, which are prohibited due to two or three different prohibitions, e.g., one is prohibited due to orla, and one due to the prohibition of untithed produce, and they were all of a single species (Tosafot), or if they were of three different species, are prohibited, and they join together with each other to constitute a complete measure. And Ḥizkiya said: They taught this halakha in the case of sweet types, because they are fit to be mixed together to sweeten the food in a pot. The Gemara infers: The reason that they join together with one another is that they are suitable to sweeten the food in a pot together. However, if that is not so, then they do not join together with one another. Apparently, spices, in general, do not join together to constitute a complete measure. The Gemara answers: Here, too, the mishna is referring to a case where they are suitable to sweeten the food in a pot. We learned in the mishna: The measure that determines liability for carrying out nutshells, pomegranate peels, safflower and madder, which are used to produce dyes, is equivalent to that which is used to dye a small garment that is placed atop a woman’s hairnet. And the Gemara raised a contradiction from what we learned elsewhere in a mishna: One who carries out herbs that were soaked in water is liable if he carried out a measure equivalent to the amount used to dye a sample the size of a stopper, for the shuttle of a loom. This refers to a small swath of wool that a weaver places on the loom, as a color sample. The herbs were soaked in water because this was how they were prepared for use as dyes. Apparently, according to this Gemara, the measure for liability is not the amount used to dye a small garment. The Gemara replies: Wasn’t it stated with regard to that mishna that Rav Naḥman said that Rabba bar Avuh said: In the case of soaked dyes, the measure for liability is smaller because a person does not go to the trouble to soak herbs just to dye a sample for the shuttle of a loom. He will only begin soaking herbs to dye a more significant garment. However, for herbs that are soaking and are ready for use as a dye, the measure for liability is smaller, i.e., sufficient to dye a sample. The mishna mentioned abrasive materials used for laundry, among them urine. The Gemara clarifies the nature of the listed materials. The Sages taught in a baraita: The urine mentioned in the mishna is urine that is up to forty days old. After that, its acidity weakens, rendering it unsuitable for that purpose. With regard to the natron, the Sage taught in a baraita: This refers to Alexandrian natron from the city in Egypt, and not to natron from Anpantrin, which is of a different quality. With regard to the borit mentioned in the mishna, Rav Yehuda said: That is sand. The Gemara asks: Wasn’t it taught in a baraita: Borit and sand? Since both terms are listed, borit cannot be sand. Rather, what is borit? It is sulphur. The Gemara raises an objection based on plants whose use is prohibited during the Sabbatical year. They added bulbs of ornithogalum and wormwood, and borit, and aloe. And if it would enter your mind to say that borit is sulphur, is there sulphur that is subject to the halakhot of the Sabbatical year? Didn’t we learn in a mishna that this is the principle: Anything that has a root and grows is subject to the halakhot of the Sabbatical year, and anything that does not have a root is not subject to the halakhot of the Sabbatical year. Rather, what is the borit? It is aloe. The Gemara asks: Wasn’t it taught in a baraita: And borit and aloe? Since both terms are listed, borit cannot be aloe. Rather, there are two types of aloe. One of them is called borit. With regard to the cimolian earth mentioned in the mishna, Rav Yehuda said: This is the earth referred to as pull out stick in [shelof dotz]. With regard to the eshlag mentioned in the mishna, Shmuel said: I asked all of the seafarers with regard to the identity of eshlag, and they told me that it is called shonana, and can be found in the shell of the pearl, and is removed using an iron skewer. MISHNA: The measure that determines liability for carrying out pepper on Shabbat is any amount. Similarly, the measure that determines liability for carrying out tar is any amount. The measure that determines liability for carrying out various kinds of perfumes and various kinds of metals is any amount. The measure that determines liability for carrying out stones of the altar or earth of the altar, sacred scrolls or their coverings that became tattered due to an insect called mekek that destroys scrolls, and mekek that destroys their coverings, is any amount. That is because people store them in order to bury them, due to their sanctity, and accord significance to even a small measure of those items. Rabbi Yehuda says: Even one who carries out accessories of idolatry on Shabbat is liable for carrying out any amount, as it is stated: “And there shall cleave nothing of the proscribed items to your hand” (Deuteronomy 13:18). Since even the smallest amount is prohibited and must be burned, any amount is significant. GEMARA: The Gemara asks: For what use is any amount of pepper suited? The Gemara answers: For dispelling mouth odor. For what use is any amount of tar suited? It is suited for curing a headache. We learned in the mishna that one is liable for carrying out any amount of various kinds of perfumes on Shabbat. The Sages taught in a baraita: Even one who carries out an object with a foul odor on Shabbat for medicinal or similar purposes, is liable for carrying out any amount. The measure that determines liability for carrying out fine perfumed oil is any amount. The measure that determines liability for carrying out purple dye is any amount. The measure that determines liability for carrying out a virgin rosebud on Shabbat is one bud. We learned in the mishna: The measure that determines liability for carrying out various kinds of metals is any amount. The Gemara asks: For what use is any amount of metal suited, that it renders one liable for carrying it out? It was taught in a baraita: Rabbi Shimon ben Elazar says: Because a small amount of iron is fit to make a small nail. Since the Gemara is discussing the measure that determines liability for carrying out metal on Shabbat, it discusses the related halakhot of objects consecrated to the Temple. The Sages taught in a baraita: In the case of one who vows without specifying an amount, and says: It is incumbent upon me to donate iron to the Temple, Aḥerim say: He must donate no less than a cubit by a cubit of iron. The Gemara asks: For what use is metal that size suited? Rav Yosef said: For a raven impediment. The roof of the Temple was covered with iron surfaces with protruding nails to prevent ravens from perching there. And some say a slightly different version. Aḥerim say: He must donate no less than the iron necessary for a raven impediment. And how much iron is that? Rav Yosef said: A cubit by a cubit. One who vows to donate copper must donate no less than the value of a ma’a of silver. It was taught in a baraita that Rabbi Eliezer says: One must donate no less than the amount needed to forge a small copper hook. The Gemara asks: For what Temple use is that suited? Abaye said: They use it to scrape the wicks from the candelabrum, and clean the lamps with it. We learned in the mishna: The measure that determines liability for carrying out sacred scrolls or their coverings that became tattered due to an insect called mekek that destroys scrolls, and another type of mekek that destroys their coverings, is any amount. Rabbi Yehuda said: These insects, the mekek that destroys scrolls, the tekhakh that attacks silk, and the ila that eats grapes, and the pe that eats figs, and the ha that eats pomegranates, all pose danger to one who swallows them. The Gemara relates: A certain student was sitting before Rabbi Yoḥanan and was eating figs. The student said to Rabbi Yoḥanan: My teacher, are there thorns in figs? Rabbi Yoḥanan said to him: The pe killed that fellow. The insect in the fig had punctured the student’s throat. MISHNA: One who carries out a merchant’s basket, even if there are many types of spices and jewelry in it, is obligated to bring only one sin-offering, because he performed only one act of carrying out. The measure that determines liability for carrying out garden seeds on Shabbat is less than a fig-bulk. Rabbi Yehuda ben Beteira says: The measure for liability is five seeds. The measure that determines liability for carrying out cucumber seeds is two seeds because they are large and conspicuous. The measure that determines liability for carrying out squash seeds is two seeds. The measure that determines liability for carrying out seeds of Egyptian beans is two. The measure that determines liability for carrying out a live kosher locust is any amount. For carrying out a dead kosher locust, which is edible, it is the same as any other food, a fig-bulk. The measure that determines liability for carrying out the locust called tzipporet keramim, whether dead or alive, is any amount; this is because one stores them for medicinal purposes or as a talisman, which renders even a small quantity significant. Rabbi Yehuda says: Even one who carries out a live non-kosher locust is liable for carrying out any amount, because people store locusts for a child who wants to play with it. GEMARA: We learned in the mishna the measure that determines liability for carrying out garden seeds on Shabbat. And the Gemara raised a contradiction from what we learned: The measure that determines liability for carrying out compost and fine sand on Shabbat is equivalent to that which is used to fertilize a cabbage stalk; this is the statement of Rabbi Akiva. And the Rabbis say: Equivalent to that which is used to fertilize a single leek. Even a single plant is a significant amount. Rav Pappa said: This smaller measure applies to a case where the seed was already planted and growing. In that case, one carries out manure to fertilize one plant. That larger measure applies to a case where the seed was not yet planted, because a person does not go to the trouble to carry out a single seed for planting. With regard to what the mishna said about the measure for carrying out cucumber and squash seeds, the Sages taught: One who carries out date pits on Shabbat, if he did so in order to plant, he is liable for carrying out two pits. If he did so in order for the animals to eat, he is liable for carrying out enough to fill a pig’s mouth. And how much is enough to fill a pig’s mouth? One date pit. If he did so in order to burn the pits, the measure that determines liability is equivalent to that which is used to cook an easily cooked egg. If he carried them out in order to use them to count, the measure for liability is two pits. Aḥerim say the measure for liability is five pits. A person is capable of keeping track of up to five items without help. The Sages taught: One who carries out two hairs from a horse’s tail or from a cow’s tail on Shabbat is liable, since people store them to use in traps. The measure that determines liability for carrying out stiff hair of a pig is one hair. It is significant because it is used to sew shoes. The measure that determines liability for carrying out palm fronds is two fronds, but the measure for palm vines, which are peeled off the frond and are thinner, is one vine. We learned in the mishna: With regard to carrying out the locust called tzipporet keramim, whether dead or alive, the measure for liability is any amount. This is because one stores them for medicinal purposes or as a talisman, which renders even one locust significant. The Gemara asks: What is tzipporet keramim? Rav said: It is the locust called palya biari. Abaye said: And it can be found in a palm tree that has only one vine, and it is used as a talisman for wisdom. One eats its right half, and casts its left half into a copper tube, and seals it with sixty seals, and hangs it on his left arm. And the mnemonic reminding you which half to eat and which half to hang on the arm is the verse: “A wise heart to his right and a foolish heart to his left” (Ecclesiastes 10:2). And one then grows wise as much as he wants, and studies as much as he wants, and then eats the other half, as if he does not do so, his learning will be forgotten. We learned in the mishna that Rabbi Yehuda says: Even one who carries out a live non-kosher locust is liable for carrying out any amount, because people store locusts for play. The Gemara explains: And the first tanna holds that people do not give children non-kosher locusts for play. What is the reason for this? Due to the concern that perhaps the child will eat it. And the Gemara asks: If so, it should also be prohibited to give a child a kosher locust, lest the child will eat it, as the Gemara related that Rav Kahana stood before Rav and passed a live kosher locust near his mouth. Rav said to Rav Kahana: Put it down, so that people will not mistakenly say: He is eating it and violating the prohibition of “You shall not make yourselves detestable” (Leviticus 11:43). Apparently, eating a kosher locust is prohibited while it is alive. Rather, even according to the unattributed mishna, there is no room for concern that a young child will eat a locust with which he is playing. The reason that the first tanna prohibits giving a non-kosher locust to a child for play is the concern that perhaps it will die and he will eat it. And Rabbi Yehuda, who permits giving a non-kosher locust to a child for play, does not share that concern. If the locust dies, the child will eulogize it and mourn its death, and certainly would not eat it. MISHNA: One who stores a seed for sowing, or as a sample, or for medicinal purposes and carried it out on Shabbat is liable for carrying out any amount. By storing that measure, he indicates that it is significant to him. Therefore, he is liable for carrying it, despite the fact that what he carried out is less than the halakhic measure that determines liability for that item. And any other person is only liable for carrying it out on Shabbat if he carries out its measure for liability. If one stored the seed, carried it out, and then brought it back in, with no intention to utilize it for the specific purpose for which he stored it, he is only liable if he brought in its measure for liability (Rav Shmuel Strashun). GEMARA: The Gemara asks: Why does the mishna teach: One who stores a seed for a specific purpose and carried it out? Let the mishna simply teach: One who carries out a seed for planting, or as a sample, or for medicinal purposes is liable for carrying out any amount. One is not liable for storing the seed. He is liable for carrying out less than the measure that determines liability because he attributed significance to that measure. Abaye said: With what we are dealing here? We are dealing with a case where one stored it for a specific purpose and forgot why he stored it, and now he carries it out for no specific purpose. Lest you say that in doing so his original intention is completely nullified, since when he carries it out he is no longer conscious of the reason that he stored it, the tanna of the mishna teaches us that anyone who performs an action with an object with which he had dealings in the past, performs the action with the original intention in mind. Rav Yehuda said that Shmuel said: Rabbi Meir deemed liable one who carried out even a single wheat seed for sowing on Shabbat. The Gemara asks: This is obvious. We learned in the mishna that the measure that determines liability for one who carries out seeds for sowing on Shabbat is any amount. Since the principle is that an unattributed mishna is in accordance with the opinion of Rabbi Meir, clearly Rabbi Meir would deem him liable for carrying out one seed. He would even deem him liable for carrying out less than one seed. The Gemara answers that Shmuel’s statement was necessary. Lest you say that when the mishna employs the term any amount it is to exclude the standard measure for carrying out food on Shabbat, a dried fig-bulk; and actually one is only liable if there is at least an olive-bulk of whatever he is carrying out. Therefore, Shmuel teaches us that any amount refers to even a single seed. Rav Yitzḥak the son of Rav Yehuda strongly objects to this: But now, based on the approach that the measure of liability depends solely on the intention of the person carrying out the object and not on objective measures, one who planned to carry out the contents of his entire house at once, so too, is he only liable when he carries it out at once? The Gemara answers: There is no comparison. There, with regard to a person who plans to carry out the contents of his entire house, his intention is rendered irrelevant by the opinions of all other people, as most people do not conduct themselves in that manner. We also learned in the mishna: And any other person is only liable for carrying it out on Shabbat if he carries out its measure for liability. The Gemara comments: The mishna is not in accordance with the opinion of Rabbi Shimon ben Elazar, as it was taught in a baraita that Rabbi Shimon ben Elazar stated a principle: Anything that is not fit to be stored, and therefore people do not typically store items like it, but it was deemed fit for storage by this person and he stored it, and another person came and carried out the object that was stored, that person, who carried it out, is rendered liable by the thought of this person, who stored it. Rava said that Rav Naḥman said: If one carried out on Shabbat a dried fig-bulk of seeds for eating, and along the way he reconsidered and decided to use them for sowing; or, alternatively, if one intended to carry them out for sowing and reconsidered and decided to use them for eating, he is liable. The Gemara wonders: This is obvious. Whichever way you view this case, he is clearly liable. Go here and examine his initial intention, there is a measure that determines liability; and go here and examine his ultimate intention, there is a measure that determines liability. The Gemara replies that Rav Naḥman’s statement teaches a novel concept. Lest you say that in order to be deemed liable for carrying out an object on Shabbat, we require that the lifting and placing of the object be performed with a single, identical, intention, and that is not the situation here, i.e., that the change in his intention transforms his action into two separate half-labors, therefore Rav Naḥman teaches us that it is considered a single prohibited act, and the person who performed it is liable. On the basis of this halakha, Rava raised a dilemma: With regard to one who carried out half a dried fig-bulk of seeds for the purpose of sowing, which is less than the measure that determines liability, and in the meantime the seeds became moist and expanded to a dried fig-bulk, and he reconsidered his plans for the dried fig-bulk of seeds and decided to use it for eating, what is the halakha? The two sides of the dilemma are: If you say that there, in the first case, he is liable because go here and examine his initial intention, there is a measure that determines liability; and go here and examine his ultimate intention, there is a measure that determines liability; but here, in this case, since at the time that he carried it out there was not a measure that determines liability for one who carries out seeds for the purpose of eating, then he is not liable. Or, perhaps, since had he been silent and had no intention with regard to the seeds at all, he would be liable for the intention of carrying it out for the purpose of sowing, then now too, he is liable because, even based on his reconsidered intention, he completed the prohibited labor of carrying out. And if you say that since had he been silent and had no intention with regard to the seeds at all, he would be liable for the intention of carrying it out for the purpose of sowing, now too, he is liable, if he carried out seeds in the measure of a dried fig-bulk for the purpose of eating, and they shriveled until there was less than that measure, and he reconsidered and decided to use them for the purpose of sowing, then what is the halakha? Here, certainly had he been silent and had no intention with regard to the seeds at all, for the original intention he is not liable because there remains less than the measure for liability; or perhaps we follow his intention at present and he is liable. And if you say that we follow his intention at present, and he is liable, the dilemma arises: If one carried out a dried fig-bulk of seeds for the purpose of eating, and it shriveled until there was less than that measure, and then it expanded to a fig-bulk, what is the halakha? Is there disqualification with regard to the halakhot of Shabbat? Since at a certain point there was less than the measure that determines liability, he can no longer be held liable for carrying it out even if it expands. Or, perhaps there is no disqualification with regard to the halakhot of Shabbat. The crucial moments that determine liability for carrying an object are the moment that it is lifted and the moment that it is placed. At both of those junctures, the measure for liability was whole. No resolution was found to any of these dilemmas. Therefore, let them stand unresolved. Rava raised a dilemma before Rav Naḥman: If one threw an olive-bulk of teruma into an impure house, what is the halakha? The Gemara attempts to clarify the question. With regard to what matter was this dilemma raised? If it was raised with regard to Shabbat, the measure that we require to determine liability for carrying out is a dried fig-bulk, and an olive-bulk is smaller than that. And if it was raised with regard to ritual impurity, the measure that we require to determine impurity for food is at least an egg-bulk, and an olive-bulk is smaller than that as well. The Gemara answers: Actually, this dilemma was raised with regard to Shabbat. And it is referring to a case where there is less than an egg-bulk of food in the house, and this olive-bulk that was thrown into the house completes the measure of the food in the house to an egg-bulk. The dilemma is: What is the halakha in that case? Is it from the fact that the olive-bulk joins together with the food in the house with regard to ritual impurity that he is also liable with regard to Shabbat? Or perhaps, all matters concerning carrying out on Shabbat require a dried fig-bulk in order to be liable. Rav Naḥman said to him: We already learned the resolution to that dilemma in a baraita: Abba Shaul says: The measure that determines liability for carrying out the wave-offering of the two loaves of bread and the showbread that were in the Temple is a dried fig-bulk. The Gemara asks: And why is that their measure? Let us say: From the fact that with regard to the matter of disqualification of consecrated items due to leaving the Temple courtyard, the significant measure is an olive-bulk, as one who eats that measure of disqualified consecrated items is liable; with regard to Shabbat, its measure for liability should also be an olive-bulk. The Gemara rejects this: How can you make that comparison? There, in the case of the consecrated items, from the moment that he took it beyond the courtyard wall it was disqualified due to the prohibition of leaving. However, with regard to Shabbat, he is only liable when he takes it into the public domain, which is far beyond the courtyard walls. Here, in the case where one threw teruma into the house on Shabbat, the prohibition of Shabbat and the impurity of the teruma come simultaneously. Since the olive-bulk is significant in terms of impurity, it is similarly significant with regard to Shabbat. We learned in the mishna: If one stored the seed, carried it out, and then brought it back in, he is only liable if he brought in its measure for liability. The Gemara asks: This is obvious. By bringing it back into the house he indicates that he no longer considers it significant, and the object then assumes the legal status of an object belonging to anyone else. Abaye said: With what are we dealing here? We are dealing with a case where he threw it into the storehouse and its place is clearly discernible to the one who threw it, in that he knows where it landed. Lest you say that because its location is discernible it maintains its original status, the mishna teaches us that from the fact that he threw it into the storehouse, he indicated that he nullified the object’s previous significance. MISHNA: One who carries out food from his house on Shabbat and placed it on the threshold of the door, whether he then carried it out from the threshold into the public domain or another person carried it out, he is exempt because he did not perform his prohibited labor of carrying from domain to domain all at once. Similarly, if one placed a basket that is full of fruit on the outer threshold, which is in the public domain, and part of the basket remained inside, even though most of the fruit is outside in the public domain, he is exempt until he carries out the entire basket. GEMARA: The Gemara begins by asking: What is the nature of this threshold in terms of Shabbat? If you say that it is a threshold that has the legal status of the public domain, in that it does not extend above nine handbreadths, and its area is four by four handbreadths, and it is suitable for use by the multitudes, why is he exempt? Didn’t he carry out food from the private domain to the public domain? Rather, say that it is a threshold that has the legal status of the private domain, in that it extends above ten handbreadths, and its area is four by four handbreadths. In that case, why does the mishna say: Whether he then carried it out from the threshold into the public domain or another person carried it out, he is exempt? Why should he be exempt? Didn’t he carry out food from the private domain to the public domain? Rather, the mishna is referring to a threshold that is a karmelit. And it teaches us the following: The reason that he is exempt is due to the fact that the object came to rest in a karmelit. However, if the object did not come to rest in a karmelit, he is liable even if it passed through a karmelit. This comes to teach that the mishna is not in accordance with the opinion of ben Azzai, as it was taught in a baraita: One who carries out an object from a store, which is a private domain, to a plaza, which is a public domain, via a colonnade, which is a karmelit, is liable because he lifted the object in a private domain and placed it in a public domain. And ben Azzai deems him exempt because, in his opinion, an exempt domain separates between the private and public domains. We learned in the mishna: If one placed a basket that is full of fruit on the outer threshold, he is only liable if he carries out the entire basket. Ḥizkiya said: They only taught this halakha with regard to a basket full of cucumbers and gourds, both of which are long. Part of each fruit remains inside even when most of the basket is in the public domain. However, if the basket was full of mustard seeds, he is liable for carrying out a measure of individual mustard seeds to the public domain. The Gemara concludes: Apparently, he holds that the fusion of several objects in a single vessel is not considered fusion. Even though several objects are in a single basket, they do not have the legal status of a single unit. And Rabbi Yoḥanan said: Even if the basket were full of mustard seeds, he is exempt. Apparently, he holds that the fusion of several objects in a single vessel is considered fusion. Rabbi Zeira said: The language of the mishna does not precisely correspond with the opinion of Ḥizkiya, and it does not precisely correspond with the opinion of Rabbi Yoḥanan. The Gemara explains: It does not precisely correspond with the opinion of Ḥizkiya, as the mishna taught: Until he carries out the entire basket. The Gemara infers: The reason that he is liable is because he carried out the entire basket. However, if part of the basket remained inside, even if he carried out all the fruit, he is exempt. Apparently, the mishna holds that fusion of several objects in a single vessel is considered fusion. Since the vessel fuses the fruit into one entity, when part of the basket remains inside, by extension its fruit is also considered to have remained inside. And it does not precisely correspond with the opinion of Rabbi Yoḥanan, as the mishna taught: Even though most of the fruit is outside. The Gemara infers: The reason that he is exempt is because only most of the fruit is outside. However, if all the fruit were outside, then even though part of the basket remains bound inside, he is liable. Apparently, the mishna holds that the fusion of several objects in a single vessel is not considered fusion. The Gemara asks: However, that is difficult. The inferences of the mishna are contradictory. The Gemara explains: Ḥizkiya resolves the contradiction in accordance with his reasoning, and Rabbi Yoḥanan resolves the contradiction in accordance with his reasoning. The Gemara elaborates: According to both of the Sages, the mishna is referring to two distinct cases. Ḥizkiya resolves the contradiction according to his reasoning. The phrase: Until he carries out the entire basket; in what case is this statement said? It is said in the case of a basket full of cucumbers and gourds. However, in the case of a basket full of mustard seeds, he becomes as one who carried out the entire basket, and he is liable for carrying out the mustard seeds. And Rabbi Yoḥanan resolves the contradiction according to his reasoning: When we learned: Even though most of the fruit is outside, he is exempt; and that ruling is true not only if he carried out most of the fruit, but even if he carried out all the fruit he is also exempt, until he carries out the entire basket. The Gemara raises an objection from that which was taught in a baraita: One who carries out the merchant’s basket on Shabbat that contains different items, primarily spices, and placed it on the outer threshold of the house, even though most of the types of items in the basket are outside, he is exempt until he carries out the entire basket. It might enter your mind to say that this is referring to a basket full of bundles of different spices. That is difficult according to the opinion of Ḥizkiya, as even though most of the bundles entered the public domain, he is exempt. The Gemara answers: Ḥizkiya could have said to you: With what are we dealing here? With stalks [urnasei]. The spices are in the form of stalks that fill the entire length of the basket. As long as part of the basket remains inside, part of each stalk remains inside as well. And Rav Beivai bar Abaye also raised an objection from that which we learned: One who steals a purse on Shabbat is liable for the theft. Based on the principle that one who is liable to receive two punishments receives the greater of the two, in this case one should be exempt from payment for the theft, since performing a prohibited labor on Shabbat is punishable by stoning. However, this case is different because he was already liable for theft as soon as he lifted the purse. This took place before he came to violate the prohibition of performing prohibited labor on Shabbat by carrying it into the public domain. However, if he did not lift the purse, but was dragging it on the ground and exiting the private domain, he is exempt from paying for the theft, as in that case, he is only liable for the theft when he drags the purse out of the owner’s property into the public domain. The prohibition of theft and the prohibition of Shabbat are violated all at once. For the purposes of this discussion: And if it enters your mind to say that fusion of several objects within a single vessel is considered fusion, in this case the prohibition of theft precedes the prohibition of Shabbat. At the moment that the mouth of the purse enters the public domain, he is liable for theft because it is as if the money inside had been carried out. With regard to Shabbat, he would not be liable until the entire purse entered the public domain. The Gemara explains: If this is referring to a case where he carried it out by way of its mouth, indeed that is so, he would be liable for theft. However, with what are we dealing here? We are dealing with a case where he carried it out by the underside of the purse. Since none of the money is accessible until the entire purse is in the public domain, he violated the prohibitions simultaneously. The Gemara asks: Isn’t there the area of the seam? He could gain access to the money even if he dragged out the purse by way of its underside, for if he wishes, he can tear the seam and take the money. The Gemara answers: Here, it is referring to long metal strips. As long as the entire purse is not in the public domain, he did not acquire any of the long strips, and he is not liable for theft. The Gemara asks: And since the purse has laces to close its opening, to be liable for theft it is sufficient that he carry it out so that its mouth is in the public domain, as he can untie the straps and remove the contents of the purse. And since the laces remain bound inside the private domain, he is not yet liable for violating the prohibition of Shabbat. The Gemara answers: This is referring to a case where the purse does not have laces. And if you wish, say instead that it is referring to a case where it has laces, and the laces are wound around the purse. There is a dispute between Abaye and Rava that parallels the dispute between Ḥizkiya and Rabbi Yoḥanan. And, so too, Rava said: They only taught in the mishna that one is exempt with regard to carrying out a basket full of cucumbers and gourds. However, for carrying out a basket full of mustard seeds, he is liable. Apparently, Rava holds: fusion of several objects in a single vessel is not considered fusion. Abaye said: Even if the basket is full of mustard seeds, he is exempt. Apparently, Abaye holds: Fusion of several objects in a single vessel is considered fusion. The Gemara comments: Abaye later assumed the opinion of Rava, and Rava assumed the opinion of Abaye. And a contradiction is raised between one statement of Abaye and another statement of Abaye; and a contradiction is raised between one statement of Rava and another statement of Rava. As it was stated that they disputed the matter of one who carries out fruit into the public domain. Abaye said: If he carried them out in his hand, he is liable even if the rest of his body remained in the private domain because fusion of several objects in his hand is not considered fusion. However, if he carried them out in a vessel, and part of the vessel remained in the private domain, he is exempt. And Rava said: If he carried them out in his hand, he is exempt because the legal status of his hand is determined by the status of the rest of the body. However, if he carried them out in a vessel, he is liable. These are contrary to their opinions stated above. The Gemara answers: Reverse the opinions, and say that Rava was the one who said: If he carried it out in his hand, he is liable. The Gemara raises an objection. Didn’t we learn in the mishna: In a case where the homeowner extended his hand into the public domain, and either the poor person took an object from the homeowner’s hand and placed it in the public domain, or the poor person placed an object into the homeowner’s hand and the homeowner carried the object into the private domain, both are exempt. Apparently, one is not liable if he merely moved an object in his hand into the public domain. The Gemara answers: There, in the mishna, it is referring to a case where his hand was above three handbreadths from the ground. The object in his hand, therefore, does not have the legal status of having been placed on the ground, and he is exempt. Here, it is referring to a case where his hand was below three handbreadths off the ground. Anything that is within three handbreadths off the ground has the legal status of having been placed on the ground. MISHNA: One who carries out an object into the public domain on Shabbat, whether he carried it out in his right hand or in his left hand, whether he carried it in his lap or on his shoulders, he is liable. All of these are typical methods of carrying out an object, as this was the method of carrying the sacred vessels of the Tabernacle employed by the sons of Kehat in the desert. All labors prohibited on Shabbat are derived from the Tabernacle, including the prohibited labor of carrying out from domain to domain. But one who carries an object out in an unusual, backhanded manner, or with his foot, or with his mouth, or with his elbow, with his ear, or with his hair, or with his belt [punda] whose opening faced downward, or between his belt and his cloak, or with the hem of his cloak, or with his shoe, or with his sandal, he is exempt because he did not carry it out in a manner typical of those who carry. GEMARA: Rabbi Elazar said: One who carries out a load from the private domain to the public domain, even if he does so at a height above ten handbreadths, which is beyond the parameters of the public domain, he is liable, as this was the method of carrying utilized by the sons of Kehat. The Gemara asks: And from where do we derive that the method of carrying utilized by the sons of Kehat was above ten handbreadths? The Gemara answers: For it is written about the Levites’ carrying: “And the hangings of the courtyard, and the screen for the courtyard entrance which surrounds the Tabernacle, and the altar, and its cords for all of its service” (Numbers 3:26). This verse juxtaposes the altar to the Tabernacle. It is derived that just as the Tabernacle was ten cubits high, so too, the altar was ten cubits high. The verse that indicates otherwise: “And you shall make the altar…and its height should be three cubits” (Exodus 27:1), must be understood differently. The Gemara asks: And from where do we derive that the Tabernacle itself was carried above ten handbreadths? The Gemara answers: As it is written: “And you shall make the boards for the Tabernacle out of acacia wood standing upright, the length of a board shall be ten cubits” (Exodus 26:15–16). And it is written with regard to the construction of the Tabernacle: “And he spread the tent over the Tabernacle, and he placed the cover for the tent on top of it as God commanded Moses” (Exodus 40:19). And Rav said: Moses, our teacher, spread it himself. From here you can derive that the height of the Levites was ten cubits. If Moses was capable of standing and spreading the cover over the tent by himself, he must have been at least ten cubits tall. Presumably, that was the height of the rest of the Levites as well. And they learned through tradition that every burden that is carried with poles, one-third of the burden is above the porter’s height, and two-thirds are below his height. It is found, then, that the altar was very high, as if they carried the altar on poles, the bottom of the altar was at least one-third of ten cubits, twenty handbreadths, off the ground. And if you wish, say instead that the Levites were not extraordinarily tall, and this can be derived from the Ark of the Covenant, as the Master said: The Ark itself was nine handbreadths tall as stated in the Torah, and the Ark-cover was one handbreadth, for a total of ten. And they learned through tradition that every burden that is carried with poles, one-third of the burden is above the porter’s height and two-thirds are below his height. It is found, then, that the bottom of the Ark stood ten handbreadths above the ground. The Gemara asks: And let us derive it from Moses, and why was the first proof insufficient? The Gemara answers: Perhaps Moses was different from the other Levites and taller than they were, as the Master said: The Divine Presence only rests upon a person who is wise, mighty, wealthy, and tall. Since the Divine Presence rested on Moses, he had to be tall. Rav said in the name of Rabbi Ḥiyya: One who carries out a burden on his head on Shabbat is liable to bring a sin-offering, as the people of Hotzal do so. They would typically carry burdens on their heads. The Gemara asks: And do the people of Hotzal constitute the majority of the world? Even if in one place it is a typical method of carrying a burden, it remains an atypical method of carrying in the rest of the world. Rather, if this ruling was stated, it was stated as follows. Rav said in the name of Rabbi Ḥiyya: If a resident of Hotzal carried out a burden on his head on Shabbat he is liable, as the people of his city do so. The Gemara asks again: Even if the inhabitants of his city do this, let his intention be rendered irrelevant by the opinions of all other people. If an individual or small group of people conduct themselves in an atypical manner, their conduct is not rendered typical. Typical conduct is determined by the majority of people. Rather, if this was stated, it was stated as follows. One who carries out a burden on his head is exempt. And if you say that the people of Hotzal do so and therefore they should be liable, their intention is rendered irrelevant by the opinions of all other people. MISHNA: One who intends to carry out an object with the object before him, and as he was walking the object came to be carried behind him, is exempt. However, if he intended to carry it out behind him and it came to be carried before him, he is liable. In truth they said: A woman who girded herself in a pants-like sinar worn beneath the outer garments, whether she placed an object before her or behind her, and it came to be carried on the other side, she is liable, as it is common for the sinar to be reversed. Rabbi Yehuda says: Even those royal couriers, who receive notes [pittakin], carry those notes in their belts, and are not particular where on their belt they carry the notes (Rav Hai Gaon), are liable for carrying out the notes whether they carried them before them or behind them. GEMARA: The Gemara asks: What is different about the case of one who intended to carry an object before him and it came to be carried behind him that he is exempt? The reason is that his intention was not realized. Since he did not perform the act that he intended to perform, he is exempt. If so, then even in the case of one who intended to carry an object behind him, and it came to be carried before him, he should also be exempt because his intention was not realized. Rabbi Elazar said: This mishna is disjointed, in the sense that it cites the opinions of two different Sages. He who taught this halakha did not teach that halakha. Rava said: And what difficulty is there here? Perhaps it can be explained as follows. With regard to one who intended to carry an object before him, and it came to be carried behind him, this is the reason that he is exempt: He intended to provide the object with outstanding protection, seeing it at all times, and ultimately he managed to provide the object with reduced protection. Since that was not his intention, it is not considered a prohibited labor and he is exempt. Whereas one who intended to carry an object behind him, and it came to be carried before him, this is the reason he is liable: He intended to provide the object with reduced protection, and ultimately he managed to provide the object with outstanding protection. Rather, what is the difficulty here? It is the inference inferred from the mishna that is difficult. One who intends to carry out an object before him, and the object came to be carried behind him, is exempt. By inference: One who intends to carry out an object behind him, and indeed, the object came to be carried behind him, is liable. Say the latter clause of the mishna: One who intends to carry out an object behind him, and it came to be carried before him, is the case where he is liable. By inference: One who intends to carry out an object behind him, and indeed, the object came to be carried behind him, is exempt. The inference from the first clause contradicts the inference from the latter clause. Rabbi Elazar said: This mishna is disjointed. He who taught this halakha did not teach that halakha. Rav Ashi said: What difficulty is there here? Perhaps the mishna is stating the halakha utilizing the following didactic style: It was not necessary, and it should be understood as follows. It was not necessary to teach that a person who intended to carry the object behind him, and it came to be carried behind him, is liable. That is obvious because his intention was realized. However, it was necessary for the mishna to teach that even in a case where he intended to carry the object behind him, and it came to be carried before him, he is liable. It would have entered your mind to say: Since his intention was not realized, he should not be liable. Therefore, the mishna teaches us: Since he intended to provide the object with reduced protection, and ultimately he managed to provide the object with outstanding protection, he is liable. And the case where one intended to carry out the object behind him, and it came to be carried behind him, is the subject of a dispute between the tanna’im, as it was taught in a baraita: One who carried out coins in his money belt, and its opening was facing up, is liable because this is the typical method of carrying coins. However, if one carried it out with its opening facing down, Rabbi Yehuda deems him liable, and the Rabbis deem him exempt. Rabbi Yehuda said to the Rabbis: Do you not agree that in a case where one intends to carry the object behind him, and it came to be carried behind him, that he is liable? Apparently, one who intended to provide his object with reduced protection and realized that intention is liable. And they said to him: And do you not agree that one who carries out an object in a backhanded manner or with his foot is exempt? Apparently, carrying out an object in an atypical manner is not considered carrying. Rabbi Yehuda said: I said one thing to the Rabbis in support of my opinion, and they said one thing to me. I did not find a response to their statement, and they did not find a response to my statement. From the fact that he said to them: Do you not agree that in a case where one intends to carry the object behind him, and it came to be carried behind him, he is liable? Can it not be inferred that the Sages deem one exempt in that case? Apparently, Rabbi Yehuda and the Rabbis dispute this matter. The Gemara asks: And according to your reasoning, from the fact that the Rabbis said to Rabbi Yehuda: Do you not agree that one who carries out an object in a backhanded manner is exempt, can it not be inferred that Rabbi Yehuda deems one liable, even for carrying out in a backhanded manner? Wasn’t it taught explicitly in a baraita: With regard to one who carries an object out in a backhanded manner or with his foot, everyone agrees that he is exempt? Rather, the baraita should be understood as follows. With regard to one who intended to carry an object behind him, and the object came to be carried out behind him, everyone agrees that he is liable. With regard to one who carried out an object in a backhanded manner or with his foot, everyone agrees that he is exempt. Where they disagree is in a case where one carried coins in his money belt with its opening facing down. This Master, Rabbi Yehuda, likens it to the case of one who intended to carry an object behind him and the object came to be carried out behind him, and deems him liable; and this Master, the Rabbis, liken it to the case of one who carried out an object in a backhanded manner or with his foot, and deems him exempt. We learned in the mishna: In truth they said: A woman who girded herself in a pants-like sinar, whether she placed an object before her or behind her, and it came to be carried on the other side, she is liable. It was taught in the Tosefta: In every instance that the mishna employs the phrase: In truth, that is the undisputed halakha. And we learned in the mishna: Rabbi Yehuda says that even those who receive notes, i.e., royal couriers who transmit messages, place notes in their belts, and are not particular about which side the note is on (Rav Hai Gaon), are liable for carrying out notes, whether they carry the notes out in front of them or behind them. We learned a different explanation: Because the royal scribes do this, they place their notes on all sides of their belts. MISHNA: One who carries a large mass out to the public domain on Shabbat is liable. If two carried it out together, they are exempt because neither performed a complete prohibited labor. However, if one person is unable to carry it out alone, and therefore two people carried it out, they are liable. And Rabbi Shimon deems them exempt even in that case. GEMARA: Rav Yehuda said that Rav said, and some say that Abaye said this, and some say that it was taught in a baraita: With regard to an action performed by two people, when this person is capable of performing it alone, and that person is capable of performing it alone, Rabbi Meir deems them liable, and Rabbi Yehuda and Rabbi Shimon deem them exempt. If both this person is incapable and that person is incapable of performing the action alone, and therefore they performed it together, Rabbi Yehuda and Rabbi Meir deem them liable, and Rabbi Shimon deems them exempt. If this person is capable, and that person is incapable, and they performed it together, everyone agrees that he is liable. That was also taught in a baraita: One who carries a large mass out to the public domain on Shabbat is liable. If two carried it out together, Rabbi Meir deems them liable, and Rabbi Yehuda says: If one is incapable of carrying it out, and two carried it out, they are liable. And if not, if each person is capable of carrying it out himself, and nevertheless they carried it out together, they are exempt. And Rabbi Shimon deems them exempt even if neither was capable of performing the action alone. The Gemara asks: From where are these matters derived? What is the biblical source of these halakhot? The Gemara answers that the source is as our Sages taught in Torat Kohanim, the halakhic midrash on Leviticus. It is written: “And if one person among the common people sins unwittingly by performing it, any one of God’s commandments not to be done, and be guilty” (Leviticus 4:27). The Gemara interpreted: “By performing it,” means that one who performs a transgression in its entirety is liable, and not one who performs part of it. How so? If two people were holding a pitchfork and gathering the stalks, or holding a shuttle and weaving the threads of the warp, or holding a quill and writing, or holding a reed and carrying it out to the public domain, I might have thought they are liable, therefore the verse states: “By performing it.” One who performs a transgression in its entirety is liable, and not one who performs only part of it. In contrast, if two people held a round cake of figs, which is too heavy for one person to carry, and they carried it out to the public domain, or if they held a beam and carried it out to the public domain, Rabbi Yehuda says: If one person is incapable of carrying it out alone, and two people carried it out, they are liable. And if not, if one person is capable of carrying it out alone, they are exempt. Rabbi Shimon says: Even if one person is incapable of carrying it out alone, and two people carried it out, they are exempt. It is with regard to that case that it is stated: “By performing it” (Leviticus 4:27), to establish a principle: An individual who performs a transgression is liable, two people who perform a transgression are exempt. The Gemara asks: With regard to what do they disagree? The Gemara answers: They disagree over the interpretation of this verse: “And if one person among the common people sins unwittingly by performing it, any one of God’s commandments not to be done, and be guilty” (Leviticus 4:27). Rabbi Shimon holds: Three exclusionary statements are written in this verse. It is as if it were written: A person who sins, one who sins, and by performing it he sins. The Torah could have conveyed the same meaning by saying simply: And if one of the common people. Apparently, the superfluous words in the verse are exclusionary and the verse should be understood as follows: A person, and not many people; one, and not two; by performing it, and not by two performing it. One of the terms comes to exclude from liability a case where each of the two people performs a part of the transgression, i.e., this person lifts an object from one domain, and that person places it in another domain. And one of the terms comes to exclude a case where this person is capable of performing the action alone, and that person is also capable, and the two of them perform the action together. And one of the terms comes to exclude even a case where this person is incapable of performing the action alone, and that person is incapable of performing the action alone. Since the two of them violated this prohibition together, they are both exempt. And Rabbi Yehuda holds: One of the terms comes to exclude a case where this person lifts an object, and that person places it, as he agrees that they are exempt in this case. And one of the terms comes to exclude a case where this person is capable of performing the action alone, and that person is also capable. And one of the terms comes to exclude the case of an individual who performed a transgression in accordance with the ruling of a court. If a court issued a mistaken ruling that a prohibited action is permitted, and an individual performed that action based on that ruling, he is exempt from bringing a sin-offering and is considered to have sinned due to circumstances beyond his control. And Rabbi Shimon holds that an individual who performed a transgression in accordance with the ruling of a court is liable to bring a sin-offering for his mistake. His action is not considered intentional, but falls into the category of an unwitting act. The Gemara asks: And how does Rabbi Meir, who deems them liable in a case where each was capable of performing the act alone, interpret the third exclusionary term? The Gemara answers: Is it written in the verse: A person who sins, one who sins, and by performing it he sins? There are not three exclusionary terms in the verse. Only two exclusionary terms are written, as the words: “One person who sins,” constitutes a single phrase. Therefore, one term comes to exclude from liability a case where this person lifts an object, and that one places it; and one term comes to exclude an individual who performed a transgression in accordance with the ruling of a court. We learned earlier that the Master said: In a case where this person is capable, and this person is incapable, and they performed it together, everyone agrees that he is liable. The Gemara seeks to clarify: Which of them is liable? Rav Ḥisda said: The one who is capable of performing the act alone is liable, as if it was the one who is incapable of performing the act alone that was liable, what is he doing that would render him liable? His efforts are inadequate to perform the task. Rav Hamnuna said to Rav Ḥisda: He is doing quite a bit, as he is assisting him. He said to him: The assistance provided by one who assists another to perform a task that the other could have performed himself is insubstantial. Rav Zevid said in the name of Rava: We, too, also learned that halakha in a mishna, with regard to vessels upon which a zav lies or rides. By Torah law, any vessel designated for lying and riding, upon which a zav lies or rides, becomes impure even if the zav did not come into direct contact with it. If a zav was sitting on a bed, and there were four garments beneath the four legs of the bed, they are all ritually impure. The weight of the zav is considered to have rested on each of the garments because the bed is incapable of standing on three legs. And Rabbi Shimon deems the garments ritually pure, since only a portion of his weight rested on each garment. However, if he was riding on an animal, and there were four garments beneath the legs of the animal, they are all ritually pure because the animal is capable of standing on three legs. And why are the garments ritually pure? Aren’t the animal’s legs assisting each other in supporting the weight of the zav? Is it not because we say: An object that assists is insubstantial? Rav Yehuda of Diskarta said: Actually, I will say to you that a person or an object that assists is substantial. However, it is different here, in this case, as the animal lifted its foot completely. The mishna is not discussing the case of an animal that could theoretically stand on three legs, but an actual situation where it completely lifted one of its feet and the fourth foot did not even assist in supporting the animal’s weight. The Gemara rejects the suggestion of Rav Yehuda of Diskarta. And since it sometimes lifts this foot and sometimes lifts that foot, it should have the legal status of a zav who turns over. Didn’t we learn in a mishna: With regard to a zav who was lying on five benches or on five money belts, if he was lying along their length, they are impure. At different times, his entire body was lying on each of the benches or on each of the money belts. If he was lying across their width, they are ritually pure because at no point was his entire weight supported by one of the benches or the money belts. However, if he slept across their width, there is uncertainty whether or not, while sleeping, he turned over on them. This raises the possibility that, at some point, he lay along their length, and his entire weight was supported by one of the benches. Therefore, all of the benches are impure. A zav who moves his weight from one place to another renders all of those places ritually impure. Similarly, the fact that the animal lifts different legs is not sufficient for each to be considered as not assisting to support the weight of the zav. Rather, is it not that the garments beneath the legs of the animal remain ritually pure because we say: An object that assists is insubstantial? Each foot merely assists in supporting the weight of the zav. Similarly, Rav Pappi said in the name of Rava: We, too, also learned support for this halakha, as we learned in a mishna, Rabbi Yosei says: If a zav was riding on an animal, and there was a garment beneath it, if he was riding the horse, he renders the garment impure by means of the horse’s front legs. Only then is it impure; if it was beneath the horse’s hind legs it is not. And if he was riding the donkey, he renders the garment impure by means of the donkey’s hind legs. Only then is it impure; if it was beneath the donkey’s front legs it is not. The reason for this distinction is that a horse rests primarily on its front legs, and a donkey rests primarily on its hind legs. But why should a garment beneath the hind legs of a horse or the front legs of a donkey remain ritually pure? Don’t the legs assist each other? Is the reason not because we say that one who assists is insubstantial? Rav Ashi said: We, too, also learned support for this halakha in a different mishna. Rabbi Eliezer says: With regard to a priest that stood in the Temple, and one of his feet was on a vessel, and one of his feet was on the floor, or one of his feet was on a stone, and one of his feet was on the floor, while performing priestly Temple rites; we see, if the vessel was removed or the stone was removed, whether he would still be capable of standing on one foot on the ground. If so, his service is valid. And if he could not stand on one foot, his service is invalid. Is he considered to be standing on the floor, in which case the service is valid, or is he not considered to be standing on the floor, in which case the service is invalid? The Gemara asks: And why, if he would still be capable of standing on one foot, should it be valid? Don’t his legs assist each other? Isn’t the reason because we say: One who assists is insubstantial? Ravina said: We, too, also learned support for this in a different mishna. All service performed in the Temple must be performed with the right hand. If he received the blood in his right hand, and his left hand assisted his right hand, his service is valid. And why is his service valid? Aren’t his hands assisting each other? Isn’t the reason because we say: One who assists is insubstantial? The Gemara concludes: Indeed, learn from this that it is so. The Master said in a baraita cited above: With regard to an action performed by two people, when this person is capable of performing it alone and that person is capable of performing it alone, Rabbi Meir deems them liable. A dilemma was raised before the students: Do we require a measure that determines liability for this person and a measure that determines liability for that one; or perhaps one measure that determines liability is sufficient for them all? Rav Ḥisda and Rav Hamnuna disagreed. One said: There must be a measure that determines liability for this person and a measure that determines liability for that one. And one said: One measure of liability is sufficient for them all. Rav Pappa said in the name of Rava: We, too, also learned a mishna in support of the opinion that one measure is sufficient. It states in the mishna in tractate Zavim: If a zav was sitting on a bed, and there were four garments beneath the four legs of the bed, they are all ritually impure because the bed is incapable of standing on three legs. And why should they be ritually impure? Let them require a measure of the weight of a zav for this garment and a measure of the weight of a zav for that garment. All the garments should only become impure if there was one zav on the bed for each garment. Is it not because we say that in order to make the garments impure one measure of impurity is sufficient for them all? Therefore, both parties are liable for one measure that determines liability. Rav Naḥman bar Yitzḥak said: We, too, also learned an additional support from a different source. With regard to a deer that entered the house, and one person locked the door before it on Shabbat and prevented it from exiting, one is liable for performing the prohibited labor of trapping on Shabbat. If two people locked the door, they are exempt. If one is incapable of locking the door alone, and two people locked it, they are liable. And why are they liable? Let them require a measure of trapping for this person and a measure of trapping for that person. Is it not because we say that one measure of trapping is sufficient for them all? Ravina said: We, too, also learned an additional support from a different source. With regard to partners who stole an animal and slaughtered it, they are obligated to pay four or five times its value, as stated in the Torah. And why are they liable? Let them require a measure of slaughtering for this one and a measure of slaughtering for that one. Is it not because we say that one measure of slaughtering is sufficient for them all? And Rav Ashi said: We, too, also learned an additional support from a similar source. Two people who carried out a weaver’s reed on Shabbat are liable. And why are they liable? Let them require a measure of carrying for this one and a measure of carrying for that one. Is it not because we say that one measure of carrying is sufficient for them all? Rav Aḥa, son of Rava, said to Rav Ashi: This cannot serve as a proof, for perhaps the rod has a measure equivalent to that which is used to cook an easily-cooked egg for this one and an easily-cooked egg for that one. That is the measure that determines liability for carrying out wood on Shabbat. He answered him: If so, let the baraita teach us the halakha with regard to an ordinary reed. What is different here that led the baraita to teach the halakha specifically about a weaver’s reed? Rather, the baraita is certainly referring to a reed that is a single unit. Again Rav Aḥa rejects the proof: And perhaps it has a measure equivalent to that which is used to weave a cloth for this one and to weave a cloth for that one. That is the measure that determines liability. Rather, proof cannot be learned from this baraita. The tanna who recited mishnayot in the study hall taught before Rav Naḥman: Two people who carried out a weaver’s reed on Shabbat are exempt, and Rabbi Shimon deems them liable. Rav Naḥman was surprised at this. He asked: Toward where are you facing? This is the diametric opposite of their opinions. Rather, say an emended baraita: They are liable, and Rabbi Shimon deems them exempt. MISHNA: One who carries out foods less than the measure that determines liability for carrying out food in a vessel on Shabbat is exempt, even for carrying out the vessel, because the vessel is secondary to the food inside it. Since one is not liable for carrying out the food, he is not liable for carrying out the vessel either. Similarly, one who carries out a living person on a bed is exempt, even for carrying out the bed, because the bed is secondary to the person. One who carries out a corpse on a bed is liable. And similarly, one who carries out an olive-bulk of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal, which are the minimal measures of these items that transmit ritual impurity, is liable. And Rabbi Shimon deems him exempt. He holds that one is only liable for performing a prohibited labor for its own sake. One who carries out an object in order to bring it to its destination is liable. However, people carry out a corpse or an animal carcass only to be rid of them. GEMARA: The Sages taught in a baraita: One who carries out the measure that determines liability for carrying out foods in a vessel on Shabbat is liable for carrying out the food and exempt for carrying out the vessel. And if that vessel was needed by him for another purpose, he is liable even for carrying out the vessel. The Gemara wonders with regard to the second halakha: Can we conclude from it that one who eats two olive-bulks of forbidden fat in the course of one lapse of awareness is liable to bring two sin-offerings? In that case, one who carries out a vessel with food inside it has performed two actions that fall under the rubric of one prohibited labor. Why should he be liable to bring two sin-offerings? Rav Sheshet said: With what are we dealing here? We are dealing with a case where one acted unwittingly with regard to the food and intentionally with regard to the vessel. He is liable to bring a sin-offering for the food and to receive karet for the vessel. Rav Ashi strongly objects to this. Didn’t the baraita teach: He is liable even for the vessel? Apparently, the liability for the food and the liability for the vessel are identical. Rather, Rav Ashi said: This is referring to a case where one acted unwittingly both with regard to this, the food, and with regard to that, the vessel. And he became aware of one transgression, and then he became aware of the other transgression. And the ruling is dependent upon the dispute between Rabbi Yoḥanan and Rabbi Shimon ben Lakish cited above, with regard to the question whether or not one who unwittingly performed a single transgression twice and became aware of each separately is liable to bring two sin-offerings. We learned in the mishna: One who carries out a living person on a bed is exempt even for carrying out the bed. The Gemara suggests: Let us say that the mishna is in accordance with the opinion of Rabbi Natan and not in accordance with the opinion of the Rabbis, as it was taught in a baraita: One who carries out a domesticated animal, an undomesticated animal, and fowl into the public domain on Shabbat is liable whether they are alive or whether they are slaughtered. Rabbi Natan says: For carrying out slaughtered animals, he is liable, and for carrying out live animals, he is exempt, because a living being carries itself. A living being attempts to lighten the load of the person carrying it and thereby participates in the act of carrying. Rava said: The mishna can be understood even if you say that it is in accordance with the opinion of the Rabbis. The Rabbis disagree with Rabbi Natan only as far as the case of a domesticated animal, an undomesticated animal, and fowl is concerned because they deaden their weight in an attempt to free themselves from the one carrying them. However, with regard to the fact that a live person carries himself, even the Rabbis agree. Therefore, one who carries a live person out is exempt. Rav Adda bar Ahava said to Rava: And with regard to that which we learned in a mishna that it is prohibited to sell work animals to gentiles, to prevent a situation where animals still belonging to a Jew would be lent to a gentile who would perform labor with them on Shabbat, but ben Beteira permits selling a horse to a gentile. And it was taught in a baraita: Ben Beteira permits selling a horse for riding because the horse is performing an act for which one is not liable to bring a sin-offering, as riding a horse is not actually a prohibited labor. And Rabbi Yoḥanan said: Ben Beteira and Rabbi Natan said one, the same, thing. They both hold that an animal with a rider on its back is not considered to be bearing a burden. And if you say that the Rabbis only argue with Rabbi Natan with regard to a domesticated animal, an undomesticated animal, and fowl because they deaden their weight in an attempt to free themselves, why did Rabbi Yoḥanan say specifically that ben Beteira and Rabbi Natan agree? Didn’t you say that in the case of a person riding a horse even the Rabbis agree? The Gemara answers: When Rabbi Yoḥanan said that ben Beteira and Rabbi Natan said the same thing, he was referring to a horse designated specifically for carrying fowl. The Gemara asks: And is there a horse designated for carrying fowl? The Gemara answers: Yes, there is the horse for carrying a hunter’s falcons [devei vayadan]. Rabbi Yoḥanan said: And Rabbi Natan agrees in the case of a person who is bound because he is unable to lighten the load of the person carrying him. Rav Adda bar Mattana said to Abaye: And what of those Persians who are considered as if they were bound because they don heavy armor and always ride horses, and nevertheless Rabbi Yoḥanan said: Ben Beteira and Rabbi Natan said one thing and permitted selling horses even to Persians? The Gemara answers: There, with regard to the Persians, it is not that they are unable to dismount their horses. It is arrogance that keeps them from dismounting their horses. As proof, the Gemara relates: There was that Persian officer [pardashka] at whom the king was angry, and he ran three parasangs on foot. Apparently, even Persian horsemen are not considered bound and are capable of walking without their horses. We learned in the mishna that according to the first tanna: One who carries out a corpse on a bed is liable. And similarly, one who carries out an olive-bulk of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal is liable. Rabbi Shimon deems him exempt. Rabba bar bar Ḥana said that Rabbi Yoḥanan said, and Rav Yosef said that Rabbi Shimon ben Lakish said: Rabbi Shimon would deem exempt even one who carries out a corpse to bury it. Rava said: And Rabbi Shimon agrees that one who carries out a hoe on Shabbat with which to dig or a Torah scroll from which to read is liable. The Gemara asks: This is obvious, as if those acts of carrying out are also in the category of a prohibited labor not necessary for its own sake because the carrier’s intention is to dig or to read, if so, according to Rabbi Shimon, how can you find an act of carrying that would be considered a prohibited labor necessary for its own sake? The Gemara answers: Nevertheless, there is a novel element in Rava’s statement. Lest you say that Rabbi Shimon deems one liable only in a case where one carries out an object for the sake of the one carrying it, as well as for its own sake, for example, in a case where one carried out a hoe for its own sake, in order to sharpen its blade, and for the sake of the one carrying it, in order to dig with it, or one carried out a Torah scroll for its own sake, in order to emend it, and for the sake of the one carrying it, in order to read from it; therefore, Rava teaches us that Rabbi Shimon deems one liable for carrying out an object even when it is carried only for his own sake and not for the sake of the object. The Gemara relates: There was a corpse in the city of Derokera and Rav Naḥman bar Yitzḥak permitted carrying it out into a karmelit on Shabbat because, for some reason, it could not remain where it was. Rabbi Yoḥanan, brother of Mar, son of Rabbana, said to Rav Naḥman bar Yitzḥak: In accordance with whose opinion did you permit moving the corpse to the karmelit? If it was in accordance with the opinion of Rabbi Shimon, say that in that case Rabbi Shimon exempted one from the obligation to bring a sin-offering. However, there remains a rabbinic prohibition. Rav Naḥman bar Yitzḥak said to him: By God, have you entered into an understanding of the matter? Even according to the opinion of Rabbi Yehuda it is permitted to carry out the corpse, as did I say they may carry it out to the public domain? I said that it may be carried out into a karmelit, which is only prohibited by rabbinic law. With regard to prohibitions by rabbinic law, the principle states: Great is human dignity, as it overrides a prohibition in the Torah: “You shall not deviate from that which they tell you to the right or to the left” (Deuteronomy 17:11). We learned there in a mishna discussing the halakhot of leprosy: One who plucks white hairs that are signs of impurity, and similarly one who burned the unaffected skin in the midst of a leprous sore in an attempt to purify himself, violates a prohibition, as it is stated: “Take heed [hishamer] in the plague of leprosy” (Deuteronomy 24:8). This ruling is based on the principle that the term hishamer indicates a prohibition. On this topic, it was stated: With regard to one who plucks one of two white hairs, everyone agrees that he is liable because a single hair remains, which is less than the measure that determines impurity, i.e., two hairs. It is with regard to one who plucks one of three white hairs that there is a dispute between the amora’im. Rav Naḥman said: He is liable. Rav Sheshet said: He is exempt. The Gemara elaborates. Rav Naḥman said: He is liable because his actions were effective, as if another hair is removed, the impurity would cease. He thereby hastened his purification and is in violation of the prohibition. Rav Sheshet said: He is exempt because his actions were ineffective, as now, in any case, the impurity is intact even after he removed one hair. His act is ineffective, and therefore he does not violate the prohibition. Rav Sheshet said: From where do I derive and state my opinion? I derive it as we learned in the mishna: And similarly, one who carries out an olive-bulk of a corpse and an olive-bulk of an animal carcass is liable. The Gemara elaborates: By inference, one who carries out half an olive-bulk is exempt. What, is it not taught in a baraita: One who carries out half an olive-bulk of a corpse is liable? Is it not that the contradiction is resolved as follows? That which was taught in the baraita: He is liable, is referring to a case where one carried out half an olive-bulk from an olive-bulk. Because less than an olive-bulk of the corpse remained, it is no longer a source of ritual impurity. And that which we learned in the mishna: He is exempt, is referring to a case where one carried out half an olive-bulk from an olive-bulk and a half. Since an entire olive-bulk remains, the source of impurity remains intact. And Rav Naḥman explains it differently. Both this, the one who carried out half an olive-bulk from an olive-bulk, and that, the one who carried out half an olive-bulk from an olive-bulk and a half, are liable. And that which we learned in the mishna: He is exempt, is referring to a case where one carried out half an olive-bulk from a large corpse. In that case, even Rav Naḥman agrees that his action was ineffective. Since he did not carry out a measure that determines liability, he is exempt. MISHNA: With regard to one who removes his fingernails with one another on Shabbat without scissors, or with his teeth, and the same is true with regard to one who removes his hair with his hands, and the same is true with regard to his mustache, and the same is true with regard to his beard, and the same is true with regard to a woman who braids her hair, and the same is true with regard to one who applies blue eye shadow, and the same is true with regard to one who applies blush, Rabbi Eliezer deems them all liable, as they each performed a labor prohibited by Torah law. And the Rabbis prohibited performing all of these actions due to rabbinic decree. None of the actions constitute prohibited labors. GEMARA: Rabbi Elazar said: The dispute is specifically with regard to a case where one removes his fingernails by hand; however, everyone agrees that one is liable if he removes them with a utensil. The Gemara asks: This is obvious. We explicitly learned the phrase: With one another, in the mishna. The Gemara answers: Lest you say that the Rabbis also exempt one who removes his fingernail with a utensil, i.e., because one is not interested in the removed nail, he did not perform the prohibited labor of shearing, and that which was taught in the mishna: With one another, is intended to convey the far-reaching nature of Rabbi Eliezer’s statement that one is liable even in a case where he removed his fingernails with one another; therefore, Rabbi Elazar teaches us that this is not so. And Rabbi Elazar said: The dispute is specifically with regard to one who removes fingernails for himself; however, with regard to one removing fingernails for another, everyone agrees that he is exempt. The Gemara asks: That is obvious. We explicitly learned the phrase: His fingernails, in the mishna. The Gemara answers: Lest you say that Rabbi Eliezer deems one liable for cutting another’s fingernails as well, and that which was taught in the mishna: His fingernails, is intended to convey the far-reaching nature of the statement of the Rabbis that one is exempt even in a case where he removes his own nails, and all the more so in a case where he removes another’s; therefore, Rabbi Elazar teaches us that everyone agrees that he is exempt when removing another’s nails. We learned in the mishna: And the same is true with regard to one who removes his hair with his hands; Rabbi Eliezer deems him liable and the Rabbis deem him exempt. One of the Sages taught in the Tosefta: One who removes enough of his hair to fill the opening of the scissors on Shabbat is liable. And how much is enough to fill the opening of the scissors? Rav Yehuda said: Two hairs. The Gemara asks: But was it not taught later in that baraita: And with regard to the Torah prohibition against removing one’s hair and causing baldness as an expression of mourning the dead: “Nor make any baldness between your eyes for the dead” (Deuteronomy 14:1), one who removes two hairs is liable? Apparently, enough to fill the opening of a scissors is a different amount of hairs. The Gemara answers: Say that these are not two different measures. The baraita is saying: And the same is true for baldness, two is the measure. That was also taught in a baraita: One who removes enough of his hair to fill the opening of the scissors on Shabbat is liable. And how much is enough to fill the opening of the scissors? It is two hairs. Rabbi Eliezer says: One is liable for removing even one hair. And the Sages agree with Rabbi Eliezer that one who collects and plucks white hairs from among black ones is liable even if he removed a single hair. His actions indicate that one hair is significant for him. And this matter of plucking white hairs is prohibited for men even on weekdays, as it is stated: “A woman shall not don a man’s clothes, and a man shall not wear a woman’s garment” (Deuteronomy 22:5). The Sages derive that any action typically performed by women for beautification is prohibited for men. It was taught in a baraita that Rabbi Shimon ben Elazar says: With regard to a fingernail, the majority of which has been severed, and it is only connected to the finger by a small piece; and with regard to shreds of skin, the majority of which have been severed from the body; by hand, one is permitted to completely remove them on Shabbat. If he removes them with a utensil, he is liable to bring a sin-offering. The Gemara wonders: Is there any matter where one who performs an action with a utensil is liable to bring a sin-offering, and if he performs that action by hand, it is permitted ab initio, and it is not even prohibited by rabbinic decree? The Gemara answers: This is what Rabbi Shimon ben Elazar meant to say: If the majority has been severed, removing the rest by hand is permitted. If he removes the rest with a utensil he is exempt, but it is prohibited to do so ab initio. And if the majority has not yet been severed, if he removes the rest by hand he is exempt, but it is prohibited to do so ab initio. If he did so with a utensil, he is liable to bring a sin-offering. Rav Yehuda said: The halakha is in accordance with the opinion of Rabbi Shimon ben Elazar in this matter. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: And that is if the partially severed portions of the fingernail were severed facing upward near the nail and cause him pain; in that case one may remove them ab initio. We learned in the mishna: And the same is true with regard to a woman who braids her hair, and one who applies blue eye shadow, and one who applies blush; Rabbi Eliezer deems them liable by Torah law. The Gemara asks: For performance of what prohibited labor is a woman who braids her hair, or who applies blue eye shadow, or who applies blush on Shabbat liable? Rabbi Avin said that Rabbi Yosei, son of Rabbi Ḥanina, said: A woman who braids her hair is liable due to weaving, as braiding and weaving are similar actions. A woman who applies blue eye shadow is liable due to writing. A woman who applies blush is liable due to spinning. Women would make a string from a doughy substance and pass it over their faces to redden their complexion. The Rabbis said before Rabbi Abbahu: And is that the typical manner of weaving, and is that the typical manner of writing, and is that the typical manner of spinning? Rabbi Eliezer would certainly agree that one who performs a prohibited labor in an atypical manner is exempt. Rather, Rabbi Abbahu said: This matter was explained to me by Rabbi Yosei, son of Rabbi Ḥanina, himself. A woman who applies eye shadow is liable due to dyeing; one who braids her hair and applies blush is liable due to the prohibition against building. The Gemara asks about this: And is that the typical manner of building? The Gemara answers: Yes, braiding one’s hair is considered building, as Rabbi Shimon ben Menasya taught that the verse states: “And the Lord God built the side that He took from Adam into a woman” (Genesis 2:22), which teaches that the Holy One, Blessed be He, braided Eve’s hair and brought her to Adam. From where is it derived that this is the meaning of built? It is because in the islands of the sea they call braiding building. It was taught in a baraita that Rabbi Shimon ben Elazar says: With regard to a woman who braids her hair and who applies eye shadow or blush on Shabbat, if she did it for herself, she is exempt; if she did it for another, she is liable. This is because a woman cannot perform these actions for herself in as complete a fashion as she can for someone else. And, so too, Rabbi Shimon ben Elazar would say in the name of Rabbi Eliezer: A woman may not apply rouge to her face on Shabbat because by doing so she is dyeing, which is one of the prohibited labors on Shabbat. The Sages taught in a baraita: One who milks an animal, and one who sets milk to curdle, and one who makes cheese, in the measure of a dried fig-bulk, and one who sweeps the house, and one who sprinkles water on the floor, and one who removes honeycombs, if he did so unwittingly on Shabbat, he is liable to bring a sin-offering. If he did so intentionally on a Festival, he receives forty lashes; this is the statement of Rabbi Eliezer. And the Rabbis say: Both this, on Shabbat and that, on a Festival, these actions are only prohibited due to a rabbinic decree, not by Torah law. Therefore, one is neither liable to bring a sin-offering nor to receive lashes for performing those actions. The Gemara relates: Rav Naḥman bar Gurya happened to come to Neharde’a. The students asked him: For what prohibited labor is one who milks liable? He said to them: For milking. For what prohibited labor is one who sets milk to curdle liable? He said to them: For setting milk to curdle. For what is a person who makes cheese liable? He said to them: For making cheese. They said to him: Your teacher was a reed cutter in a swamp who did not know how to explain the mishna to his students. He came and asked those questions in the study hall. They said to him: One who milks is liable for performing the prohibited labor of extracting, which is a subcategory of threshing, on Shabbat. This is because when one extracts milk from a cow it is similar to the act of threshing, where one removes the desired content from its covering. One who sets milk is liable for the prohibited labor of selecting because part of the milk is separated and made into congealed milk. And one who makes cheese is liable for building because the cheese within the milk assumes a solid form, which is similar to the process of building. The baraita cited above taught: With regard to one who sweeps the house, and one who sprinkles water on the floor, and one who removes honeycombs, if he did so unwittingly on Shabbat, he is liable to bring a sin-offering. If he did so intentionally on a Festival, he receives forty lashes; this is the statement of Rabbi Eliezer. Rabbi Elazar said: What is the rationale for the statement of Rabbi Eliezer? His rationale is as it is written: “And he put forth the end of the rod that was in his hand and dipped it in the honeycomb [yarat hadevash]” (i Samuel 14:27). The Gemara wonders: What does a forest [ya’ar] have to do with honey [devash]? Rather, it comes to tell you: Just as with regard to a forest, one who picks from a tree on Shabbat is liable to bring a sin-offering, so too, with regard to a honeycomb, one who removes honey from it on Shabbat is liable to bring a sin-offering. The Gemara relates: Ameimar permitted sprinkling water in the city of Meḥoza. He said: What is the reason that the Rabbis said it is prohibited to sprinkle water? It was due to concern lest one come to smooth out holes in an unpaved floor. Here, in Meḥoza, there are no holes in the floor because all the houses have stone floors. The Gemara also relates: Rava Tosfa’a, an expert on the Tosefta, found that Ravina was suffering on Shabbat from the dusty hot air in the house. And some say that Mar Kashisha, son of Rava, found that Rav Ashi was suffering from the dusty hot air. Mar Kashisha said to Rav Ashi: And does my Master not hold in accordance with this halakha that was taught in a baraita: One who wishes to sprinkle water on the floor of his house on Shabbat, where it is otherwise prohibited, brings a large basin full of water, and washes his face in this corner, then moves the basin and washes his hands in this corner, his feet in this corner, and it will eventuate that the floor of the entire house is sprinkled by itself from the water that splashed in a backhanded manner? Rav Ashi said to him: It did not enter my mind to employ that method. One of the Sages taught: A wise woman sprinkles water on the floor of her house on Shabbat by washing different vessels in different parts of the house. And now that we hold in accordance with the opinion of Rabbi Shimon, who maintains that it is permitted to perform an unintentional act on Shabbat, it is permitted to sweep and sprinkle water on the floor of a house on Shabbat even ab initio, because one’s intention is not to smooth the holes in the floor. MISHNA: One who severs a leaf or a fruit from a plant growing in a perforated flowerpot on Shabbat is liable, as a plant in a flowerpot with holes in it has the legal status of a plant connected to the ground. Picking from it is prohibited due to reaping. And one who picks from an imperforated pot is exempt, but it is prohibited to do so ab initio. And Rabbi Shimon deems one who does so exempt in both this, the case of the perforated flowerpot, and that, the case of the imperforated flowerpot. GEMARA: Abaye raised a contradiction before Rava, and some say it was Rabbi Ḥiyya bar Rav who raised the contradiction before Rav: On the one hand, we learned in the mishna that Rabbi Shimon deems one exempt in both this case and that case. Apparently, Rabbi Shimon equates a perforated pot with an imperforated pot. And they raised a contradiction: Rabbi Shimon says: The only difference between a perforated pot and an imperforated pot is with regard to rendering seeds capable of becoming ritually impure. Seeds that are in a perforated pot have the legal status of seeds planted in the ground and, as such, cannot become ritually impure. Seeds that are in an imperforated pot are considered detached from the ground and can become ritually impure. Apparently, in other areas of halakha, Rabbi Shimon holds that a plant in a perforated pot has the legal status of a plant in the ground (Me’iri). He said to him: With regard to all matters of halakha, Rabbi Shimon equates the status of a perforated pot with that of being detached. However, the matter of impurity is different, as the Torah amplified purity with regard to seeds, as it is stated: “And if anything falls from their carcasses upon any sowing seed that is sown, it is pure” (Leviticus 11:37). The repetitive language: “Any sowing seed that is sown” teaches that any seed that can be characterized as sowing, including one growing in a perforated pot, remains pure. However, in other areas of halakha, the status of a perforated pot is equal to that of an imperforated pot. A certain Elder raised a dilemma before Rabbi Zeira: In a case where the root of a plant in a perforated pot is opposite the hole, what would Rabbi Shimon say in terms of whether or not it is considered attached to the ground? He was silent and did not say anything to him. The Gemara relates that once the same Elder found Rabbi Zeira, who was sitting and saying: And Rabbi Shimon agrees that if the hole in the flowerpot is large enough to render it ritually pure, i.e., unable to hold olives, it is considered attached to the earth with regard to Shabbat. He said to him: Now, I raised a dilemma before you as to Rabbi Shimon’s ruling in a case where the root is opposite the hole, and you did not say anything to me. With regard to a case where the root is not actually opposite the hole, but its hole is large enough to render it pure, do you need to tell me that the dilemma whether or not it is considered detached is unresolved? Rather, this must certainly be understood differently. Abaye said: And if the statement of Rabbi Zeira that Rabbi Shimon holds that a perforated pot is considered attached to the ground, was stated, it was stated as follows: And Rabbi Shimon agrees that if the pot was perforated below the level where it could hold a quarter of a log, it is no longer considered a vessel, and the plants are considered attached to the ground. Apropos the purification of an earthenware vessel, the Gemara cites that Rava said: Five measures were stated with regard to holes in an earthenware vessel: If it was perforated with a small hole from which liquid seeps, it is no longer a vessel and is ritually pure in terms of the impurity of a shard. Certain shards of impure earthenware vessels remain impure if they can still be used. If it has a hole, even a small one that liquids can flow through, it can no longer transmit ritual impurity. However, it remains a complete vessel in which to sanctify the purification waters of the red heifer, which require a whole vessel. And if it was perforated with a hole large enough to enable liquid to enter the vessel, it is ritually pure in terms of sanctifying the purification waters in it, but it remains a vessel in terms of rendering seeds in it capable of becoming ritually impure. And if it was perforated with a hole the size of a small root, it is ritually pure in terms of rendering seeds in it capable of becoming ritually impure, but it remains a vessel that can become ritually impure in terms of holding olives. And if it was perforated with a hole large enough to enable olives to go out, it is pure in terms of the impurity of all other vessels that can hold olives, but it remains a vessel in terms of holding pomegranates. If the vessel is designated for use in holding pomegranates, it can become ritually impure because it is suitable for that use. If it was perforated with a hole large enough to enable pomegranates to go out, it is ritually pure from any type of impurity. And if the mouth of an earthenware vessel that is in a room with a corpse is surrounded by a sealed cover, it does not become ritually pure, even if its hole was large enough to enable a pomegranate to go out. It protects whatever is inside the vessel from contracting impurity, unless the majority of the vessel is broken. Rav Asi said: I heard that with regard to an earthenware vessel, the measure of the hole that renders it unable to become ritually impure is large enough to enable a pomegranate to go out. Rava said to him: Perhaps you only heard this when its mouth is surrounded by a sealed cover, but an ordinary earthenware vessel becomes ritually pure with a hole big enough to enable an olive to go out. The Gemara asks: Isn’t Rava himself the one who said that an earthenware vessel that is surrounded by a sealed cover protects whatever is inside the vessel from contracting impurity unless the majority of the vessel is broken? The Gemara answers: This is not difficult. This statement, that a hole must be large enough to enable a pomegranate to go out in order to purify the vessel, is referring to large vessels. And this statement, that teaches that a vessel is purified only when the majority of the vessel is broken, is referring to small vessels. Rav Asi said that they teach this halakha: With regard to an earthenware vessel, the measure of the hole that renders it unable to become ritually impure is large enough to enable liquid to enter it. And they only said: The measure of a small hole from which liquid seeps, with regard to the impurity of a shard [gistera]. The Gemara asks: What is the reason for this? The Gemara answers that Mar Zutra, son of Rav Naḥman, said: A shard is used as a plate beneath a perforated earthenware vessel. If the shard is also perforated and leaks, it is no longer of any use. Because one does not say: Bring another shard to seal the leak of a shard, but throws it out immediately. Ulla said: Two amora’im in the West, Eretz Yisrael, disagree about this topic: They are Rabbi Yosei, son of Rabbi Avin, and Rabbi Yosei bar Zavda. One said: The measure of a hole that purifies an earthenware vessel is large enough to enable a pomegranate to go out. And one said: The size of a small root. And your mnemonic to remember that neither holds that the measure is size of an olive is the expression: Both one who increases and one who decreases. They hold extreme positions in this dispute and eschew the intermediate position. Rav Ḥinnana bar Kahana said an intermediate position in the name of Rabbi Eliezer: An earthenware vessel becomes ritually pure with a hole large enough to enable olives to go out. And Mar Kashisha, son of Rabba, concluded this halakha in the name of Rabbi Eliezer: And vessels that have been perforated are like dung vessels, and so too, stone vessels and earth vessels that were not baked in a kiln, which neither become impure by Torah law nor by rabbinic law. And, as far as the matter of an earthenware vessel with a sealed cover in a room with a corpse, it maintains its impurity until the majority of it is broken. MISHNA: One who throws an object on Shabbat from the private domain to the public domain or from the public domain to the private domain is liable. However, one who throws an object from the private domain to the other private domain, and the object passes through the public domain between the two, Rabbi Akiva deems him liable for carrying into the public domain, and the Rabbis deem him exempt. How so? If there are two balconies [gezuztra’ot] that are private domains opposite each other on either side of the public domain, one who passes or throws an object from the one on this side to the one on that side is exempt. However, if the balconies were on the same level on the same side of the public thoroughfare, and the public domain separated the two, one who passes from one to the other is liable, and one who throws is exempt, as that method, passing, was the service of the Levites who carried the beams of the Tabernacle. In the Tabernacle, two wagons along the same level stood behind one another in the public domain, and the Levites passed the beams from one wagon to the other through the public domain on the same side of a thoroughfare. But they did not throw from one wagon to another because the beams were heavy. Passing, which was performed in the Tabernacle, is prohibited. Throwing, which was not performed in the Tabernacle, is not prohibited. GEMARA: With regard to the main issue, the Gemara asks: After all, throwing is a subcategory of carrying out. Where is the primary category of prohibited labor of carrying out itself written in the Torah? Isn’t it necessary to clarify the primary category before discussing the subcategory? Rabbi Yoḥanan said: As the verse said: “And Moses commanded, and they passed a proclamation throughout the camp saying: Neither man nor woman should perform any more work to contribute to the Sanctuary; and the people stopped bringing” (Exodus 36:6). According to Rabbi Yoḥanan, Moses commanded the people to cease bringing contributions in order to prevent them from bringing their contributions on Shabbat. He then explains: Where was Moses sitting? He was in the camp of the Levites, and the Levites’ camp was the public domain. And he said to Israel: Do not carry out and bring objects from the private domain, your camp, to the public domain, the camp of the Levites. The Gemara asks: And how do you know that he was standing and commanding the people on Shabbat? Perhaps he was standing during the week, and Moses commanded the cessation of contributions because the labor of the Tabernacle was completed, since all the necessary material was already donated, as it is written: “And the work was sufficient for them for all of the work to perform it, and there was extra” (Exodus 36:7). Rather, derive this by means of a verbal analogy between passing mentioned in this context and passing mentioned with regard to Yom Kippur. It is written here, with regard to the Tabernacle: “And they passed a proclamation throughout the camp,” and it is written there, with regard to Yom Kippur: “And you shall pass a blast of a shofar on the tenth day of the seventh month, on Yom Kippur you shall sound a shofar throughout your land” (Leviticus 25:9). Just as there, with regard to the shofar of the Jubilee Year, passing is on a day on which it is prohibited to perform labor, so too, here passing is on a day on which it is prohibited to perform labor. The Gemara asks: We found a source prohibiting carrying out from a private domain into the camp of the Levites. From where do we derive that carrying in is also considered a prohibited labor? The Gemara answers: It is a logical inference. After all, carrying is from one domain to another, so what difference is there to me whether it is carrying out or carrying in? Carrying from one domain to another is prohibited; the direction in which the object is carried makes no difference. However, carrying out is a primary category, while carrying in is a subcategory, as it is not stated explicitly in the biblical text. The Gemara now questions the distinction between primary categories and subcategories of labor. After all, one is liable for this, carrying out, and one is liable for that, carrying in. Why is this called a primary category, and why is this called a subcategory? What is the point of the distinction? The Gemara answers: The practical ramification is that if one performs two different primary categories together, or alternatively, if one performs two subcategories of two different primary categories together, he is liable to bring two sin-offerings. And if one performs a primary category of labor together with its own subcategory, he is liable to bring only one sin-offering. The Gemara further asks: And according to the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category, why is this called a primary category, and why is this called a subcategory? The Gemara answers: According to him, that which was a significant labor in the Tabernacle is called a primary category; that which was not a significant labor in the Tabernacle is not called a primary category. Alternatively, perhaps that which is written explicitly in the Torah is called a primary category, and that which is not written explicitly in the Torah is called a subcategory. And as for the halakha that we learned in a mishna: With regard to one who throws an object on Shabbat a distance of four cubits in the public domain and it lands on a wall, if the wall was higher than ten handbreadths, it is as if he threw it into the air, and he is exempt. If the wall was lower than ten handbreadths, it is as if he threw it onto the ground, and one who throws an object a distance of four cubits onto the ground in the public domain is liable. The Gemara asks: If one threw an object four cubits in the public domain, and it did not go from one domain to another, from where do we derive that he is liable? The Gemara answers: Rabbi Yoshiya said: Because the weavers of the tapestries in the Tabernacle throw their needles to each other when they need to borrow the other’s needle. Throwing was a labor performed in the Tabernacle; therefore, one is liable for performing it. The Gemara wonders: Why do weavers need needles? Rather, emend the statement to say: Because those who sewed the tapestries throw their needles to each other. The Gemara asks: Is it clear that they had to throw needles to each other? Perhaps they sat next to each other. The Gemara answers: It is clear that they kept their distance from each other. If they sat too close, they would reach each other and hurt one another with their needles. The Gemara asks: Perhaps, even though they kept their distance, they sat within four cubits of each other, and they would not throw the needles farther than that. In the absence of proof of their sitting arrangement, this halakha cannot be derived from those who sewed the tapestries. Rather, Rav Ḥisda said: Throwing an object four cubits in the public domain is prohibited because the weavers of the tapestries in the Tabernacle threw the shuttle, to which the thread of the warp was tied on the tapestry. Weaving entails throwing the thread of the warp through the threads of the woof. The Gemara asks: That is not actually throwing, as didn’t the weaver hold the end of the thread in his hand? One is not liable for throwing an object when part of it remains in his hand. Rather, this must be referring to the final throw, when the weaving was finished and the weaver released the thread from his hand. The Gemara asks: Doesn’t the shuttle go in an exempt domain? The tapestry was less than four handbreadths wide, rendering it an exempt domain even though it is four cubits long. One who throws in an exempt domain is exempt. Rather, it is because the weavers of tapestries throw the shuttle to those who seek to borrow it from them. The Gemara asks: But perhaps they sat next to each other? The Gemara answers: That is impossible because they would reach one another and disturb one another when tightening the thread at the end of the tapestry. The Gemara asks: And perhaps they were not in a straight line but staggered. That would enable the weavers to sit adjacent to each other without disturbing each other’s work. And furthermore, did they borrow from each another? Wasn’t the following taught in a baraita of the Sage Luda? The verse states: “And all the wise men who performed all of the work of the Sanctuary came, each one from the work he was doing” (Exodus 36:4). From that verse it is derived: Each performed the labor from his own work, and they would not perform the labor from their friends’ work. Each person had his own tools and did not need to borrow from others. And furthermore, the Gemara asks: Even if the halakha of throwing was derived from here, from where do we derive that one who carries an object four cubits in the public domain is liable? Rather, apparently, this halakha is not derived from the labor performed in the construction of the Tabernacle. Rather, all the halakhot related to carrying four cubits in the public domain are learned through tradition and not derived from the text. Rav Yehuda said that Shmuel said: The wood gatherer who was sentenced to death for desecrating Shabbat (see Numbers 15:33–36) was one who carried four cubits in the public domain. He was stoned for performing the prohibited labor of carrying. It was taught in a baraita: He was one who detached still-growing branches. He was stoned for performing the prohibited labor of detaching. Rav Aḥa, son of Rabbi Ya’akov, said: He was one who gathered sticks together into a pile. The Gemara asks: What is the practical ramification of determining precisely which prohibited labor the wood gatherer performed? The Gemara answers: The ramification is with regard to the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya. And in it, it is written that Isi ben Yehuda says: The number of primary categories of labor prohibited on Shabbat is forty-less-one. And if one performed all of them in the course of one lapse of awareness, he is liable to bring only one sin-offering. The Gemara asks: One and no more? We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. This citation from the hidden scroll cannot be accurate. Rather, emend this statement in the hidden scroll and say that one is not liable for one of them. There is a primary category of labor among the thirty-nine primary categories of prohibited labor whose violation does not incur the death penalty. The identity of this category that is not punishable by death was not specified. It is obvious to Rav Yehuda that one who carries four cubits in the public domain is liable to receive the death penalty. And it is obvious to the baraita that one who detaches is liable to receive the death penalty. And it is obvious to Rav Aḥa bar Ya’akov that one who gathers is liable to receive the death penalty. In other words, this Master maintains: With regard to this labor, in any case, there is no uncertainty. And this Master maintains: With regard to that labor, in any case, there is no uncertainty. Each Sage maintains that the prohibited labor that he attributed to the wood gatherer incurs the death penalty and is certainly not the labor referred to in the hidden scroll. On the topic of the wood gatherer, the Gemara cites that which the Sages taught in a baraita: The wood gatherer mentioned in the Torah was Zelophehad, and it says: “And the children of Israel were in the desert and they found a man gathering wood on the day of Shabbat” (Numbers 15:32), and below, in the appeal of the daughters of Zelophehad, it is stated: “Our father died in the desert and he was not among the company of them that gathered themselves together against the Lord in the company of Korah, but he died in his own sin, and he had no sons” (Numbers 27:3). Just as below the man in the desert is Zelophehad, so too, here, in the case of the wood gatherer, the unnamed man in the desert is Zelophehad; this is the statement of Rabbi Akiva. Rabbi Yehuda ben Beteira said to him: Akiva, in either case you will be judged in the future for this teaching. If the truth is in accordance with your statement that the wood gatherer was Zelophehad, the Torah concealed his identity, and you reveal it. And if it the truth is not in accordance with your statement, you are unjustly slandering that righteous man. The Gemara asks: However, didn’t Rabbi Akiva derive this by means of a verbal analogy? The Gemara answers: Rabbi Yehuda ben Beteira did not learn a verbal analogy. Rabbi Yehuda ben Beteira had no tradition of this verbal analogy from his teachers, and therefore he disagreed with Rabbi Akiva’s conclusion. The Gemara asks: However, according to Rabbi Yehuda ben Beteira, from where was Zelophehad’s liability derived? Why was he executed? The Gemara answers: Zelophehad was among those who “presumed to ascend to the top of the mountain” (Numbers 14:44) in the wake of the sin of the spies. On a similar note, Rabbi Akiva revealed an additional matter not explicitly articulated in the Torah. You say that when Aaron and Miriam spoke against Moses, both Aaron and Miriam were struck with leprosy, as it written: “And God became angry at them and He left, and the cloud departed from above the tent, and behold, Miriam was leprous like snow. And Aaron turned toward Miriam, and behold, she was leprous” (Numbers 12:9–10). The verse’s statement that God became angry at both of them teaches that Aaron, too, became leprous; this is the statement of Rabbi Akiva. Rabbi Yehuda ben Beteira said to him: Akiva, in either case you will be judged in the future for this teaching. If the truth is in accordance with your statement, the Torah concealed Aaron’s punishment and you reveal it. And if the truth is not in accordance with your statement, you are unjustly slandering that righteous man. The Gemara asks: However, didn’t Rabbi Akiva derive this from the plural pronoun them, meaning that God was angry with both of them? The Gemara answers: God’s anger in that verse was manifest in a mere rebuke, not in leprosy. A baraita was taught in accordance with the opinion of Rabbi Akiva, who said that Aaron also became leprous, as it is written: “And Aaron turned toward Miriam, and behold, she was leprous” (Numbers 12:10), and it was taught: This teaches that he turned, i.e., he was healed, from his leprosy, as he too had been afflicted. On the topic of Miriam’s leprosy, the Gemara cites that which Reish Lakish said: One who suspects the innocent of indiscretion is afflicted in his body, as it is written: “And Moses answered and said: But they will not believe me and will not hearken to my voice, for they will say, God did not appear to you” (Exodus 4:1), and it is revealed before the Holy One, Blessed be He, that the Jewish people would believe. The Holy One, Blessed be He, said to Moses: They are believers, the children of believers; and ultimately, you will not believe. They are believers, as it is written: “And the people believed once they heard that God had remembered the children of Israel, and that He saw their affliction, and they bowed and they prostrated” (Exodus 4:31). The children of believers, as it says with regard to Abraham our Patriarch: “And he believed in God, and He counted it for him as righteousness” (Genesis 15:6). Ultimately, you will not believe, as it is stated: “And God said to Moses and to Aaron: Because you did not believe in Me to sanctify Me in the eyes of the children of Israel” (Numbers 20:12). From where do we know that Moses was afflicted in his body? As it is written: “And God said to him further: Bring your hand to your bosom, and he brought his hand to his bosom and he took it out and behold, his hand was leprous like snow” (Exodus 4:6). On this topic, Rava said, and some say that it was Rabbi Yosei, son of Rabbi Ḥanina, who said: The divine attribute of beneficence takes effect more quickly than the divine attribute of punishment. From where is this derived? While, with regard to the divine attribute of punishment, it is written, “And he took it out and behold, his hand was leprous like snow” (Exodus 4:6), with regard to the divine attribute of beneficence it is written: “And He said: Return your hand to your bosom, and he returned his hand to his bosom and he took it out from his bosom and behold, it had returned to be like his original flesh” (Exodus 4:7). The Gemara analyzes this as follows: It was already from his bosom that it returned to be like his original flesh. Moses’ hand was healed even before he took his hand out. The Gemara proceeds to discuss another miracle that transpired at that time. With regard to the verse, “And each man threw down his staff and they became serpents, and Aaron’s staff swallowed their staffs” (Exodus 7:12), Rabbi Elazar said: This was a miracle within a miracle. It was Aaron’s staff, not his serpent, that swallowed the other staffs. We learned in the mishna that there is a dispute between Rabbi Akiva and the Rabbis in a case where one threw an object from the private domain to the other private domain through the public domain between the two. Rabbi Akiva deems him liable, as one who threw an object from the private domain to the public domain, and the Rabbis deem him exempt. Rabba raised a dilemma with regard to their dispute: Are they disagreeing with regard to a case where the object traveled below ten handbreadths from the ground? And, if so, it is with regard to this point that they disagree: As this Master, Rabbi Akiva holds: We say that an object in airspace is considered at rest. The object is considered as if it was actually placed in the public domain after being lifted from the private domain. And this Master, i.e., the Rabbis, holds: We do not say that an object in airspace is considered at rest. However, with regard to a case where the object traveled above ten handbreadths from the ground, everyone agrees that one is exempt, and we do not derive the legal status of throwing from the legal status of passing. Although everyone agrees that one who passes an object from a private domain to another private domain via a public domain is liable, even if it was passed above ten handbreadths, as that was the service of the Levites, one who throws an object in that manner is exempt. Or perhaps, they are disagreeing with regard to a case where the object traveled above ten handbreadths from the ground, and it is with regard to this that they disagree: As this Master, Rabbi Akiva, holds: We derive the legal status of throwing from the legal status of passing. Therefore, one who throws an object that passes through the airspace of a public domain higher than ten handbreadths from the ground is liable. And this Master, i.e., the Rabbis, holds: We do not derive throwing from passing. However, with regard to a case where the object traveled beneath the ten handbreadth airspace of the public domain, everyone agrees that he is liable. What is the reason for that? An object in airspace is considered at rest. Rav Yosef said: Rav Ḥisda had a dilemma with regard to this matter, and Rav Hamnuna resolved it for him from this baraita: With regard to an object that travels from the private domain to the other private domain, and it passes through the public domain itself, Rabbi Akiva deems one liable and the Rabbis deem one exempt. From the fact that it says in the baraita: Through the public domain itself, it is obvious that it is with regard to a case where the object traveled below ten handbreadths from the ground that they disagree. And with regard to what form of transfer is the baraita dealing? If you say it refers to passing an object in his hand, is it only when he passes it below ten handbreadths that he is liable? When he passes it above ten handbreadths is he not liable? Didn’t Rabbi Elazar say: One who carries out a load from a private domain to a public domain above ten handbreadths from the ground is liable, as that was the manner in which the descendants of Kehat, from whom we derived the laws of carrying, carried their burden in the Tabernacle? Rather, isn’t this baraita referring to a case of throwing, and it is in a case where the object travels below ten handbreadths from the ground that one is liable, and above ten handbreadths from the ground one is not liable? Learn from it that it is with regard to whether or not an object in airspace is considered at rest that they disagree. The Gemara summarizes: Indeed, learn from it that this is the crux of their dispute. And this conclusion disagrees with the opinion of Rabbi Elazar, as Rabbi Elazar said: Rabbi Akiva deems one liable even if the object travels above ten handbreadths. And that term that was taught in the baraita, the public domain itself, is to convey to you the far-reaching nature of the opinion of the Rabbis, who deem one exempt even if the object traveled in the public domain itself, and all the more so if it traveled above ten handbreadths, which is no longer within the bounds of the public domain. This opinion of Rabbi Elazar disagrees with the opinion of Rav Ḥilkiya bar Tovi, as Rav Ḥilkiya bar Tovi said: If the thrown object traveled within three handbreadths from the ground, everyone agrees that one is liable because the Sages established the principle of lavud. Lavud means that any object within three handbreadths of another object is considered to be attached to it. Therefore, an object that traveled within three handbreadths of the ground is considered to have come to a complete rest. If the thrown object traveled above ten handbreadths from the ground, everyone agrees that one is exempt. If the thrown object traveled between three handbreadths and ten handbreadths from the ground, we have come to the dispute between Rabbi Akiva and the Rabbis. That was also taught in a baraita: Within three handbreadths of the ground, everyone agrees that one is liable; above ten handbreadths from the ground, everyone agrees that one is exempt by Torah law, and it is only prohibited due to rabbinic decree. The Sages prohibited throwing or passing an object from the private domain of one person set to the private domain of another person unless a joining of the courtyards is set. And if both of the private domains were his it is permitted. If the thrown object traveled between three handbreadths and ten handbreadths from the ground, Rabbi Akiva deems one liable and the Sages deem him exempt. The Master said in the baraita cited above: And if both of the private domains were his, i.e., they belonged to the same person, it is permitted. Let us say that this is a conclusive refutation of Rav’s opinion, as an amoraic dispute was stated with regard to the following case: Concerning two houses on two opposite sides of the public domain, even if they belong to the same person, Rabba bar Rav Huna said that Rav said: It is prohibited to throw an object from this private domain to that private domain. And Shmuel said: It is permitted to throw from this private domain to that private domain. The Gemara rejects this and states: Didn’t we already establish that Rav’s statement is referring to a case where one of the houses was elevated and one was low? Due to the disparity in height, the concern is that at times the object will fall into the public domain, and one will come to bring it in from there and thereby violate a Torah prohibition. Rav Ḥisda said to Rav Hamnuna, and some say that Rav Hamnuna said to Rav Ḥisda: From where is this matter that the Sages stated: Any objects less than three handbreadths apart are considered to be lavud, attached? He said to him: Because it is impossible for the public domain to be made level with planes. Since the space cannot be completely smooth, even the minor differences in the ground level throughout the public domain must be taken into consideration. He asked him: If so, if that is the reason, objects within three handbreadths should also be considered lavud. Why is it that only objects within less than three handbreadths are considered attached? And furthermore, an inference can be made from that which we learned in the mishna with regard to the halakhot of sukka: If one lowers the walls of a sukka from the top to the bottom, if the bottom of the wall is above three handbreadths from the ground, the sukka is invalid because it is considered to be lacking walls. By inference, if one lowers the walls so that the bottom of the wall is below three handbreadths from the ground, it is valid. In this case, the rationale that it is impossible for the public domain to be made level does not apply. He rejects this: There, the reason that a space larger than three handbreadths is not considered to be part of the wall is because it, i.e., the wall, is a partition that goats pass through. Therefore, it is a partition incapable of serving its function. Once a partition is below three handbreadths, it will obstruct the passage of the goats. Furthermore, according to this explanation, it works out well when the measure of three handbreadths is below, adjacent to the ground. If any more than three handbreadths of space are between the ground and the wall, it is not considered a wall. However, there are several halakhot in which lavud applies above and not near the ground, e.g., when the roofing of the sukka is not connected to the walls. What, then, can be said to explain that halakha? Rather, the conclusion is that the halakha which states that anything that is less than three is considered to be lavud is a halakha transmitted to Moses from Sinai, learned through tradition. The Sages taught a case in a baraita similar to the one discussed in the mishna: One who throws an object from the public domain to the other public domain and the object passes through the private domain between the two, Rabbi Yehuda HaNasi deems him liable for carrying into the private domain, and the Rabbis deem him exempt. With regard to this, Rav and Shmuel both said: Rabbi Yehuda HaNasi holds him liable only if the private domain between the two public areas is covered with a roof. In that case, we say that the house is considered full and an object that passes through it is considered as if it landed upon an actual object. However, if the private domain is not covered, he is not liable even according to Rabbi Yehuda HaNasi. On this topic, Rav Ḥana said that Rav Yehuda said that Shmuel said: Rabbi Yehuda HaNasi would deem him liable to bring two sin-offerings in this case, one for carrying out from the private domain into the second public domain, and one for carrying in, when the object initially entered the private domain. The Gemara relates that Rav Ḥana was sitting, and the following point was difficult for him: Is that to say that Rabbi Yehuda HaNasi deems one liable for a subcategory of prohibited labor when performed with a primary category of prohibited labor? After all, carrying out and carrying in constitute a primary category of prohibited labor and its subcategory. Wasn’t it taught in a baraita that Rabbi Yehuda HaNasi says that Shabbat is mentioned in the verse: “These are the things [eleh hadevarim] that God has commanded to perform them” (Exodus 35:1)? Several points are derived from the superfluous emphases in this verse. The Torah could simply have stated: This is a thing [davar]. When it states things [devarim] in the plural, it teaches at least two points. The addition of the definite article the in the term the things [hadevarim] adds at least a third point. The numerological value of letters of the word eleh, which are alef, one; lamed, thirty; and heh, five, is thirty-six. The phrase: These are the things, alludes to three plus thirty-six derivation, i.e., the thirty-nine prohibited labors that were stated to Moses at Sinai. Since Rabbi Yehuda HaNasi maintains that there are a fixed number of primary categories of labor, he would certainly hold a person liable for the primary categories but not for the subcategories. Rav Yosef said to him: The Master taught Rav Yehuda’s statement with regard to this, and consequently, he encounters a difficulty. One statement of Rabbi Yehuda HaNasi contradicts another statement of Rabbi Yehuda HaNasi. We learn the statement of Rav Yehuda with regard to the opinion of Rabbi Yehuda, and therefore there is no difficulty for us. As it was taught in a baraita: With regard to one who threw an object from the private domain to the public domain, and it traveled four cubits in the public domain, Rabbi Yehuda deems him liable and the Rabbis deem him exempt. Rav Yehuda said that Shmuel said: Rabbi Yehuda would deem him liable to bring two sin-offerings in this case, one for carrying out from the private domain into the public domain and one for carrying the object four cubits through the public domain. The Rabbis deem him exempt for carrying four cubits in the public domain. And it must be interpreted that way because if it would enter your mind to say that Rabbi Yehuda deems him liable to bring only one sin-offering, by inference, the Rabbis deem him completely exempt. How is that possible? Didn’t he carry an object out from the private domain into the public domain? This proof is rejected: And from where do you draw that conclusion? Perhaps I could actually say to you that Rabbi Yehuda deems him liable to bring one sin-offering and the Rabbis deem him completely exempt, and how do you find that circumstance? In a case where he said: My intention is that as soon it, the object, goes out into the public domain it will immediately come to rest. And they disagree with regard to this: Rabbi Yehuda maintains that we say: An object in airspace is considered at rest, and therefore his intention was fulfilled. As soon as the object enters the airspace of the public domain it is considered to have come to rest. And the Rabbis maintain that we do not say: An object in airspace is considered at rest, and therefore his intention was not fulfilled and he is exempt. However, Rabbi Yehuda does not hold one liable for a subcategory of labor performed together with a primary category of labor. The Gemara rejects this explanation: It could not enter your mind to say so, as it was taught in a baraita: Rabbi Yehuda adds even lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. The Rabbis said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, and beating is subsumed under the primary category of weaving. Is this not referring to a case where one performed both lining up and beating together, and learn from it that Rabbi Yehuda deems one liable for both a subcategory and a primary category of labor when they are performed together? The Gemara rejects this proof: And from where do you draw that conclusion? Perhaps it is actually referring to a case where one performed this action alone and this action alone, and Rabbi Yehuda does not deem one liable for a subcategory of labor performed together with a primary category of labor. And Rabbi Yehuda and the Rabbis disagree with regard to this. Rabbi Yehuda maintains as follows: These actions of lining up and beating are additional primary categories of labor, and the Rabbis maintain as follows: These are subcategories. Know that this is so, as the baraita teaches: Rabbi Yehuda adds. The Gemara explains this quote from the baraita: Granted, if you say that Rabbi Yehuda meant that these are primary categories of labor, what is the meaning of: He adds? It means he adds primary categories of labor. However, if you say that he meant that these are subcategories, what is the meaning of: He adds? It was also stated that it was Rabba and Rav Yosef who both said: Rabbi Yehuda deemed him liable to bring only one sin-offering. Ravina said to Rav Ashi: And according to what originally entered our mind that Rabbi Yehuda deemed him liable to bring two sin-offerings, how could he be liable for both carrying out from the private domain and for carrying four cubits in the public domain? If one only wanted the object to land here at the beginning of the public domain, he did not want it to land here, four cubits into the public domain. Conversely, if one only wanted the object to land here, four cubits into the public domain, he did not want it to land here, at the beginning of the public domain. Rav Ashi said to Ravina: It is possible in a case where one says: Any place that it wants to come to rest, let it come to rest. One indicated that his intention would be fulfilled wherever the thrown object lands. Concerning throwing an object on Shabbat from one domain to another and within a single domain, the Gemara raises several issues with regard to intention when throwing. It is obvious that one who intended to throw an object eight cubits in a public domain and actually threw it only four cubits is liable because that case is similar to a case where one wrote the word shem, the first two letters of the name Shimon. In the case of writing shem, the individual performed the prohibited labor of writing a two-letter word, even though he did not complete the word that he originally intended to write. The question is as follows: What is the halakha if one intended to throw an object four cubits and threw it eight? Do we say he did indeed carry the object, or perhaps we say that ultimately the object did not land where he wanted it to land? But is that not precisely what Ravina said to Rav Ashi, as mentioned above? And Rav Ashi said in response that it is referring to a case where one says: Any place that it wants to come to rest, let it come to rest. In such a scenario one is liable, because he expressed the fact that he is contented with any labor that will be performed with the object. Furthermore, the first case, which seems obvious, also requires clarification. And that which you said, that this is similar to a case where one wrote the word shem, the first two letters of the name Shimon, is it in fact similar? There, as long as the letters of shem, shin and mem, are not written, the name Shimon cannot be written. Here, where one intended to throw the object eight cubits and he threw it only four, is it true that as long as it was not thrown four cubits it cannot be thrown eight? An object can be thrown eight cubits without first landing after four cubits. The question remains unresolved. The Sages taught: With regard to one who throws an object on Shabbat from the public domain to the other public domain through the private domain, he is liable if he throws an object a total of four cubits in both parts of the public domain. If he throws it less than four cubits, he is exempt, as he is neither liable for carrying from domain to domain nor for carrying in the public domain. The Gemara asks: What is he teaching us with this halakha? The Gemara answers: He is teaching us the following two things. First, that domains join together; even though one public domain is separated from the other by a private domain, they are treated as one domain. And second, that we do not say that an object in airspace is considered at rest. The object is not considered to have landed in a private domain, and therefore the one who threw it is exempt. Rav Shmuel bar Yehuda said that Rav Abba said that Rav Huna said that Rav said: One who carries an object four cubits in the covered public domain is exempt because it is not similar to the flags of the camp of Israel in the desert, which were not covered. The Gemara wonders: Is that so? Weren’t the wagons on which they transported the beams of the Tabernacle covered? The beams formed a covering over the wagons. And even so, Rav said in the name of Rabbi Ḥiyya: The areas that were beneath the wagons, and between them, and on their sides are all considered to have been the public domain. Apparently, even a covered public domain, like the space beneath the wagons, has the legal status of a public domain. The Gemara answers: When Rav said that the space beneath the wagons had the legal status of a public domain, he was referring to when the beams were arranged in stacks. The beams did not cover the entire area of the wagon. There was space between the stacks. The Gemara asks: After all, how much was the length of a wagon? It was five cubits. How much was the width of a beam? It was a cubit and a half. How many beams could one place on a wagon? One could place three stacks of beams, totaling four and a half cubits. If so, half a cubit of open space remained. When the Master distributes half a cubit between the stacks of beams it is considered lavud, attached, as the space between each stack was less than three handbreadths. The Gemara answers: Do you maintain that they would place the beams on their width? They would place them on their depth, which was one cubit wide, and therefore there was a greater distance between the rows. The Gemara asks: Ultimately, how much was the depth of a beam? It was one cubit. How many stacks would they place? They would place four stacks. One cubit of open space remained. When the Master distributes one cubit between the four stacks of beams it is considered lavud, as two handbreadths separated each stack. The Gemara adds: This statement of Rav works out well according to the opinion of the one who said that the beams in the Tabernacle were one cubit thick at the bottom, and they narrowed to a fingerbreadth as they reached the top. According to that opinion, there was a space larger than three handbreadths at least between the tops of the beams, and therefore the area beneath that part of the wagon was not covered. However, according to the opinion of the one who said that just as they were one cubit thick at the bottom, so too, the beams were one cubit thick on top, what can be said? In that case, the space between the stacks was less than three handbreadths, and area beneath the wagon had the legal status of a covered public domain. Rav Kahana said: When we said that the underside of the wagon was considered to be a public domain, the statement was not referring to when the beams were stacked on them. When the wagon was empty and consisted of the frames that held the beams in place, beneath the wagon was an uncovered public domain. The Gemara asks: But where would they place the frames? On top of the wagon when the beams were already stacked on it and the wagon itself was already covered by the beams, as stated above (ge’onim). Shmuel said: It is referring to the stakes of the Tabernacle. Before the Levites would place the beams on the wagon, they would position the stakes, which were particularly narrow. Therefore, the space between them was greater than three handbreadths, and the area beneath the wagons was therefore considered an uncovered public domain (ge’onim). The Sages taught: The Tabernacle beams were one cubit thick at the bottom, and they narrowed to a fingerbreadth as they reached the top, as it is stated: “And they shall match at the bottom, and together they will be ended [tamim] at the top toward a single ring; so shall it be for them both, they shall form the two corners” (Exodus 26:24). And below, when the children of Israel crossed the Jordan River, it says: “And those who went down toward the Sea of Arava at the Dead Sea came to an end [tamu]” (Joshua 3:16). Tam means finished or terminated. Here, too, the beams narrowed as they reached the top until they were virtually terminated; this is the statement of Rabbi Yehuda. Rabbi Neḥemya says: Just as they were one cubit thick at the bottom, so too, they were one cubit thick at the top, as it is stated: Together. The Gemara asks: Isn’t it written: Tamim? The Gemara answers: Rabbi Neḥemya explains that this word teaches that they should bring whole beams and they should not bring planks and attach them. The Gemara asks: And according to the other opinion, Rabbi Yehuda’s opinion, isn’t it written: Together? The Gemara answers: That comes to teach that they should not be positioned askew from each other; rather, they should be perfectly aligned. The Gemara asks further: Granted, according to the one who said: Just as they were one cubit thick at the bottom, so too, they were one cubit thick at the top, it is understandable why it is written: “And for the back of the Tabernacle westward you shall make six beams. And you shall make two beams for the corners of the Tabernacle in the back” (Exodus 26:22–23). This means that the width of these beams comes and covers the remaining thickness of those. However, according to the one who said that they were one cubit thick at the bottom and they narrowed to a fingerbreadth as they reached the top, they would not be perfectly aligned, as at the corners this beam goes in and this beam goes out. Part of the beam would protrude out of the Tabernacle. The Gemara answers that it was not only the thickness of the beam that narrowed. One pared the width of the beams as well so they were sloped like mountains and did not protrude. Following the dispute over the Tabernacle beams, the Gemara interprets other verses according to the two positions. It is written: “And the middle bar in the midst of the beams shall pass through from end to end” (Exodus 26:28). One of the Sages taught: It stood by means of a miracle, as this verse indicates that the middle bar was a single rod that ran along the length and width of the Tabernacle. The middle bar was miraculously bent through the beams on three sides. The Gemara cites a verse with regard to the dispute between Rabbi Yehuda and Rabbi Neḥemya: “And you shall make the Tabernacle with ten curtains…the length of each curtain shall be twenty-eight cubits and the width of each curtain four cubits; all the curtains shall have the same measurement” (Exodus 26:1–2). Place their length, i.e., the curtains’ length, across the width of the Tabernacle. How much was their length? It was twenty-eight cubits. Subtract ten cubits for the width of the roof of the Tabernacle, and nine cubits remain on this side, and nine on that side. According to Rabbi Yehuda, who maintains that the beams narrowed to a fingerbreadth, the cubit of the sockets was exposed, as the beams were ten cubits high and the bottom cubit of the beams was placed in the sockets. According to Rabbi Neḥemya, the cubit at the top of the beams must be added to the overall width of the Tabernacle. In addition to the cubit of the sockets, a cubit of the beams themselves was exposed. Place their width, i.e., the curtains’ width, across the length of the Tabernacle. How much was their width? It was forty cubits. Subtract thirty cubits for the length of the Tabernacle’s roof and ten cubits remain. According to Rabbi Yehuda, who maintains that the beams narrowed to a fingerbreadth, the curtain hung down the western side of the Tabernacle and the cubit of the sockets was covered. According to Rabbi Neḥemya, the cubit of the sockets was exposed. It is also written: “And you shall make curtains from goat hair for a tent over the Tabernacle; eleven curtains you shall make them. The length of each curtain shall be thirty cubits and the width of each curtain four cubits; each of the eleven curtains should have the same measurement” (Exodus 26:7–8). Place their length across the width of the Tabernacle. How much was their length? It was thirty cubits. Subtract ten for the width of the roof and there will remain ten on this side and ten on that side. According to Rabbi Yehuda, the cubit of the sockets was covered. According to Rabbi Neḥemya, the cubit of the sockets was exposed. That was also taught in a baraita. The verse states, “And the cubit on the one side, and the cubit on the other side of what remains of the length of the curtains of the tent shall hang over the sides of the Tabernacle, on this side and on that side to cover it” (Exodus 26:13). What remains of the length of the curtains is to cover the cubit of the sockets; this is the statement of Rabbi Yehuda. Rabbi Neḥemya says: It is to cover the cubit of the beams. Place their width across the length of the Tabernacle. How much was their width? It was forty-four cubits. Subtract thirty for the roof, and fourteen remain. Subtract two for the doubling of the sixth curtain, as it is written: “And you shall double the sixth curtain over the front of the tent” (Exodus 26:9), and twelve remain. Granted, according to the opinion of Rabbi Yehuda, who maintains that the beams narrowed to a fingerbreadth, and therefore the top of the beams did not take up any of the width of the curtains, which enabled the curtain to cover the entire wall of the Tabernacle with part of the curtain on the ground, it is understandable why it is written: “And as for the overhanging part that remained from the curtains of the tent, the half curtain that remained shall hang over the back of the Tabernacle” (Exodus 26:12). However, according to Rabbi Neḥemya, who maintains that it is necessary for the width of the curtains to cover the thickness at the top of the beams, what is the meaning of the phrase shall hang? The Gemara answers: It means that it will hang more than the others. In his opinion, this curtain is two cubits longer than the other curtains covering the Tabernacle. With regard to this, the school of Rabbi Yishmael taught: To what is the Tabernacle similar? It is similar to a woman walking in the marketplace with her skirts following after her. The Sages taught with regard to the construction of the Tabernacle: The bottoms of the beams were grooved and the sockets were hollow, and the grooves were inserted into the sockets to support the beams. Additionally, the clasps in the loops, which connected the curtains to one another, looked like stars in the sky. Our Sages taught: The bottom curtains in the Tabernacle were made of sky blue wool, and of purple wool, and of scarlet wool, and of fine linen; and the top curtains were made of goat hair, even though that material is considered to be inferior and common. However, the wisdom that was stated with regard to the top curtains was greater than that which was stated with regard to the bottom ones. This is because, with regard to the bottom curtains, it is written: “And every wise-hearted woman spun with her hands, and they brought that which they had spun, the blue, and the purple, the scarlet, and the linen” (Exodus 35:25); while with regard to the top curtains, it is written: “And all of the women whose hearts inspired them with wisdom spun the goats” (Exodus 35:26). The phrase “whose hearts inspired them” suggests a greater degree of wisdom. Apparently, spinning the goat’s hair curtains required greater skill than spinning the various kinds of wool. And on a similar note, it was taught in a baraita in the name of Rabbi Neḥemya: The hair was rinsed on the goats, and it was even spun from the goats, which required a great deal of skill. We learned in the mishna with regard to two balconies. Rav said in the name of Rabbi Ḥiyya: With regard to the wagons on which the beams of the Tabernacle were transported, the areas beneath them, and between them, and to their sides are considered to be the public domain. Abaye said: The space between one wagon and the wagon alongside it equaled the full length of a wagon. And how much was the length of a wagon? It was five cubits. The Gemara asks: Why do I need the wagon to be five cubits long? Four and a half cubits would suffice whether the beams were arranged in three stacks, each a cubit and a half wide, or four stacks, each one cubit wide. The Gemara answers: You need the wagon to be five cubits long so that space remains between the beams and they will not be pressed against each other. Rava said: The area on the sides of the wagon between the wagon and the wheel and the thickness of the wheel together equaled the full width of the wagon (Tosafot). And how much was the width of the wagon? It was two and a half cubits. The Gemara asks: Why do I need the wagon to be two and a half cubits wide? A cubit and a half would suffice. The Gemara answers: So that the beams would not teeter. Ten-cubit beams on a one-and-a-half-cubit wide surface would be unstable. The Gemara comments: However, with regard to the principle that we maintain that a thoroughfare in the public domain is sixteen cubits wide; we who derive it from the Tabernacle encounter a difficulty: The thoroughfare associated with the Tabernacle was fifteen cubits wide. When two wagons stood side by side, the width of the wagons plus the space between them and the space on their sides totaled fifteen cubits. The Gemara explains: There was an extra cubit where a member of the tribe of Levi stood, to ensure that if the beams fell, he would take hold of them and restore them to their stack. Therefore, the total width was no less than sixteen cubits. MISHNA: With regard to the bank surrounding a pit and the boulder that are ten handbreadths high and four handbreadths wide, one who takes an object from them to the public domain and similarly one who places an object from the public domain atop them is liable for carrying from one domain to another. If the height or width of the pit or the boulder is less than that height, ten handbreadths, one is exempt because the legal status of those protrusions is not distinct from that of the surrounding public domain. GEMARA: The Gemara asks: Why do I need to teach in the mishna about the cases of the bank of a pit and a boulder? Let the mishna simply teach about a pit and a boulder. One could derive the halakha with regard to an object that is ten handbreadths high from the case of the boulder, and the halakha with regard to an object that is ten handbreadths deep from the pit. The fact that the mishna taught the case of the bank of a pit supports the opinion of Rabbi Yoḥanan, as Rabbi Yoḥanan said: A pit and its bank join together to constitute the total ten handbreadths. If the distance from the bottom of the pit to the top of its bank is ten handbreadths, it is considered a private domain, even though some of the ten handbreadths are above ground and some are below. That halakha was also taught in the following baraita: With regard to a pit in the public domain that is ten handbreadths deep and four handbreadths wide, one may not fill water from it on Shabbat because the pit itself is a private domain, and carrying water from the pit to the public domain is prohibited unless they constructed a partition around it that is ten handbreadths high. Everything within the partition is then considered a private domain, and one standing within the partition may draw water from the pit. And similarly, one may only drink water from the pit on Shabbat if he inserts his head and most of his body into the well. And a pit and its bank join together to constitute the total of ten handbreadths, as stated by Rabbi Yoḥanan. Rav Mordekhai raised a dilemma before Rava: In a case where there is a column in the public domain that is ten handbreadths high and four handbreadths wide, and one threw an object and it landed atop the column, what is the ruling? The two sides of the dilemma are: Do we say that the lifting from the public domain was performed in a prohibited manner and the placing in the private domain was performed in a prohibited manner, and therefore one is liable? Or perhaps, we say that since the object comes from an exempt domain, the one who threw the object would not be liable. Prior to landing on the column, the object traveled through the airspace above the public domain. The airspace of a public domain extends ten handbreadths from the ground. Beyond that point the airspace is an exempt domain. Rava said to Rav Mordekhai: It is our mishna that states that one who places an object atop a boulder that is more than ten handbreadths high is liable. Rav Mordekhai came and asked Rav Yosef about the same dilemma: Rav Yosef said to him: It is our mishna. Rav Mordekhai came and asked Abaye. He said to him: It is our mishna. Rav Mordekhai said to them: You are all spewing the same spittle. None of you taught anything new. You repeat the same unsatisfactory answer. They said to Rav Mordekhai: And do you not hold this to be correct? Didn’t we learn explicitly in the mishna: One who takes an object from them, and one who places an object atop them is liable? He said to them: Perhaps the mishna is referring to a needle that can be placed atop the column without passing through the exempt area above ten handbreadths, since it is so small and hardly takes up any space. They said to him: With regard to a needle, too, it is still impossible that it will not be raised somewhat above the public domain. He answered them: It is possible that the boulder has a protrusion below ten handbreadths from the ground. Since the protrusion is not significant in and of itself, it has the legal status of a hole in the wall of a private domain. One who throws an object into it is liable, just like one who throws into the private domain itself. Alternatively, it is possible that the needle is placed in a groove that is below ten handbreadths from the ground. The needle did not enter the groove from above ten handbreadths. It passed directly into the groove, which is a private domain. Therefore, Rav Mordekhai’s dilemma is not resolved from the mishna. Rav Meyasha said that Rabbi Yoḥanan raised a dilemma: There is a wall in the public domain that is ten handbreadths high and is not quite four handbreadths wide, and it surrounds a karmelit and renders the area that it encloses the private domain. The wall serves as a partition of this private domain. And if one threw an object from the public domain and it landed atop the wall, what is the ruling? Do we say: Since it is not four handbreadths wide it is an exempt domain, and the one who threw the object is exempt? Or perhaps we say that since it rendered the karmelit the private domain, the wall together with the private domain is considered to be filled. Therefore, the object is considered to have landed on an area that is four handbreadths wide, and the one who threw the object is liable. Ulla said: The fact that it is considered a private domain is derived by means of an a fortiori inference: If this wall creates a partition that renders other areas surrounded by the wall a private domain, all the more so does it render itself a private domain. It was also stated that Rabbi Ḥiyya bar Ashi said that Rav said, and so too, Rabbi Yitzḥak said that Rabbi Yoḥanan said: With regard to a wall in the public domain that is ten handbreadths high and is not quite four handbreadths wide, and it surrounds a karmelit and renders the area that it surrounds the private domain, if one threw an object from the public domain and it landed atop the wall, he is liable. If this wall creates a partition that renders other areas a private domain, all the more so does it render itself a private domain. Rabbi Yoḥanan raised a dilemma: In a case where there is a pit that is nine handbreadths deep, and one dug out a segment of earth from the bottom of the pit and thereby completed the depth of the pit to ten handbreadths, and then he proceeded to throw the earth into the public domain, what is the ruling? The two sides to the dilemma are: Is it that the lifting of the object and establishment of the ten-handbreadth partition came about simultaneously, and he is liable? Or perhaps he is not liable. And if you say: Since the partition was not ten handbreadths deep initially, he is not liable, then in a case where there is a pit that is ten handbreadths deep, and one placed a segment of earth into the pit and thereby minimized its depth to less than ten handbreadths, nullifying its status as a private domain, what is the ruling? The two sides of the question are: Is it that placement of the object and the elimination of the ten-handbreadth partition came about simultaneously, and he is liable? Or perhaps, he is not liable because the partition was not intact throughout the performance of the action. The Gemara suggests: Resolve Rabbi Yoḥanan’s dilemma from his own statement, as we learned in a mishna: With regard to one who throws an object four cubits in the public domain and it hits the wall above ten handbreadths from the ground, which is an exempt domain, it is as if he threw it in the air, and he is exempt. If it was below ten handbreadths from the ground, it is as if he threw it and it landed on the ground, and one who throws an object four cubits and it lands on the ground is liable. And we discussed it: How could he be liable for carrying in that case? The object did not come to rest on the wall and there was no placement. And Rabbi Yoḥanan said: It is with regard to the case of a juicy cake of figs that sticks to the wall when thrown against it that we learned in the mishna. The Gemara asks: And why is one liable in that case? When the cake of figs sticks to the wall, it reduces the distance the figs traveled from the measure of four cubits that determines liability. If one threw the cake of figs at a distance of exactly four cubits from the wall, and, based on Rabbi Yoḥanan, the object becomes part of the wall, the distance that the cake of figs traveled is slightly less than four cubits, and therefore he should be exempt. Since Rabbi Yoḥanan did not take this into account, apparently, in his opinion, when the placement of the object and the elimination of the partition are simultaneous, one is liable. The Gemara rejects this and says: The cases are not similar because there, in the case of the cake of figs, the one who threw it does not nullify its independent existence vis-à-vis the wall, as the food will eventually be removed from the wall. Here, in the case of the dirt in the pit, one nullifies its independent existence vis-à-vis the pit, and it eliminates the ten-handbreadth partition. Rava raised a similar dilemma: In a case where one threw a board and it landed on top of stakes that are ten handbreadths high but not four handbreadths wide, what is the ruling? Once the board lands, the surface is ten handbreadths high and four handbreadths wide. The Gemara asks: What is his dilemma? Does his dilemma pertain to the ruling in a case where the placement of the object and the establishment of the partition came about simultaneously? That is precisely the dilemma raised by Rabbi Yoḥanan. The Gemara answers: The case where Rava raised a dilemma is more complex. His dilemma is with regard to a case where one threw a board and there was an object resting atop the board. In that case, what is the ruling? The two sides of the dilemma are: Since the board and the object come simultaneously, the legal status is similar to a case where the placement of the object and the establishment of the partition came about simultaneously. The object and the board are a single unit that creates a partition when it lands, and therefore one is exempt. Or perhaps we say that since it is impossible, when they land, for the object not to rise slightly and then land because the object and the board are not connected, it is like the case where the establishment of the partition was completed and the placement of the object followed, and therefore one is liable. These dilemmas remain, and therefore let it stand unresolved. Rava raised an issue related to the previous dilemmas, and before doing so he sought to clarify certain points. Rava said: It is obvious to me that if one poured water onto water that is its placement, and if one did so from one domain to another he is liable. If one placed a nut onto water, it is not considered its placement. However, Rava raised a dilemma: In a case where there is a nut in a vessel and the vessel is floating on water, what is the ruling? Is it permitted to lift the nut on Shabbat if one is in another domain? The two sides of the dilemma are: Do we say that we go according to the status of the nut, and it is at rest in the vessel? Or perhaps we go according to the status of the vessel, and it is not at rest. No resolution was found to this dilemma. Therefore, let it stand unresolved as well. However, with regard to oil floating on wine, there is a dispute between Rabbi Yoḥanan ben Nuri and the Rabbis. As we learned in a mishna: In the case of oil floating on wine, and one who immersed himself during the day, i.e., one who was impure, immersed himself in a ritual bath, but will not become completely pure until sunset, touched the oil, he invalidated only the oil and not the wine. Rabbi Yoḥanan ben Nuri says: With regard to the two, i.e., the oil and the wine, they are considered to have a connection to each other. Since he made the oil impure, the wine is also impure. Their dispute is whether or not the oil is considered to be placed atop the wine. Abaye said: In the case of a pit in the public domain that is ten handbreadths deep and precisely eight handbreadths wide, and one threw a mat into it, he is liable. However, if he divided the pit with a mat that split it in two, each one slightly less than four handbreadths wide, he is exempt because neither part is considered a private domain. The Gemara comments: According to the opinion of Abaye, for whom it is obvious that the mat eliminates the partition of the pit, all the more so that a segment of dirt thrown into a pit that is ten handbreadths deep, rendering it less than ten handbreadths, eliminates the partition, and he has no dilemma with regard to Rabbi Yoḥanan’s case. According to Rabbi Yoḥanan, who raised a dilemma with regard to a segment of dirt, it is obvious that a mat does not eliminate the partition. Abaye said: With regard to a pit in the public domain that is ten handbreadths deep and four handbreadths wide and filled with water, and one threw an object into it on Shabbat, one is liable because the pit is considered a private domain. And if the pit was filled with fruit and one threw an object into it, he is exempt. What is the reason for the different rulings? Water is not significant enough to eliminate the partition; fruit eliminates the partition. This was also taught in a baraita: One who throws an object from the sea to the street or from the street to the sea is exempt because the sea is considered a karmelit, and one is not liable according to Torah law in that case. Rabbi Shimon says: If the area in the sea where he threw it is ten handbreadths deep and four handbreadths wide, he is liable, as he is considered as one who threw an object into a private domain. Apparently, the water in the sea does not eliminate the status of a private domain. MISHNA: With regard to one who throws an object four cubits in the public domain, if the object hits the wall above ten handbreadths from the ground, which is an exempt domain, it is as if one threw it in the air, and he is exempt. If it hits the wall below ten handbreadths from the ground, it is as if he threw it and it landed on the ground, and one who throws an object four cubits and it lands on the ground is liable. GEMARA: We learned in the mishna that if one throws an object in the public domain a distance of four cubits and it hits a wall above ten handbreadths from the ground, he is liable if he threw it. The Gemara asks: And we discussed it: How could he be liable for carrying in that case? Since the object did not come to rest on the wall, there was no placement. And Rabbi Yoḥanan said: It is with regard to the case of a juicy cake of figs that sticks to the wall when thrown against it that we learned in the mishna. Rav Yehuda said that Rav said that Rabbi Ḥiyya said: If one threw a stone at a wall above ten handbreadths from the ground, and it went and came to rest in a hole in the wall of any size less than four handbreadths, we have come to the dispute between Rabbi Meir and the Rabbis. According to the opinion of Rabbi Meir, who said: One carves out the space to complete it, he is liable. We complete the hole by conceptually carving it to four handbreadths because doing so is theoretically possible. Since the hole is considered ten handbreadths high and four handbreadths wide, one is liable for transferring an object from a public domain to a private one. According to the opinion of the Rabbis, who say: One does not carve out the space to complete it, the thrower is not liable because the hole is actually less than four handbreadths wide at present. That was also taught in a baraita: If one threw an object above ten handbreadths, and it went and came to rest in a small hole, Rabbi Meir deems him liable, while the Rabbis deem him exempt. Rav Yehuda said that Rav said: In the case of a mound that is an inclined plane that gradually attains a height of ten handbreadths over a horizontal space of four cubits, and one threw an object from the public domain and it came to rest atop that mound, he is liable because it is considered a partition. That was also taught in a baraita: An alleyway that is level inside and becomes an inclined or declined plane as it enters the public domain, which is higher or lower than the alleyway, or if the entrance to the alleyway is level when entering the public domain and inside it is inclined, that alleyway requires neither a post alongside its entrance or a beam across its entrance in order to distinguish it from the public domain because the incline itself is considered a partition. Rabbi Ḥanina ben Gamliel says: In the case of a mound that gradually attains a height of ten handbreadths over a horizontal space of four cubits, and one threw an object from the public domain and it came to rest atop that mound, he is liable. MISHNA: If one threw an object in the public domain, intending for it to land within four cubits, meaning that he had no intention of violating the Torah prohibition of carrying, and the object rolled and went beyond four cubits, he is exempt. However, if one threw an object with the intention of it landing beyond four cubits, and the object rolled back within four cubits, he is liable from when he originally threw the object. GEMARA: We learned in the mishna that if one threw an object beyond four cubits and it rolled back within four cubits, he is liable. The Gemara asks: The object did not come to rest beyond four cubits, so how can the one who threw it be liable? Rabbi Yoḥanan said: And that liability was established when the object came to rest atop something. That was also taught in a baraita: If one threw an object beyond four cubits and the wind blew it while still in the air and brought it within four cubits, he is exempt even though it, i.e., the wind, then brought it back out because the object did not come to rest in the place where it was thrown. However, if the wind seized it briefly and it stayed on the ground for a brief period of time (Tosafot), even though the wind then brought it in, the individual is liable. Rava said: Despite the principle of lavud, which states that within three handbreadths of the ground an object is considered to be attached to it, according to the Rabbis, who maintain that an object in airspace is not considered at rest, the object must come to rest atop something to establish liability. The Gemara relates that Mareimar sat and stated this halakha. Ravina said to Mareimar: Isn’t that what we learned in the mishna, with regard to which Rabbi Yoḥanan said: That liability is when it came to rest atop something, which means that the object must actually land in order for the one who threw it to be liable. Mareimar said to Ravina: Are you saying it is a case of rolling? One cannot cite proof from a rolling object because a rolling object will not ultimately come to rest. However, with regard to this object, which passed within three handbreadths of the ground, I would say: Since it will ultimately come to rest, even though it has not yet come to rest, it is considered as an object that came to rest. Therefore, Rava teaches us that even in that case one is not liable until it actually comes to rest upon something. MISHNA: One who throws an object four cubits into the sea is exempt. If there was a swamp and the public domain passes through it, one who throws an object four cubits into it is liable like one who carried four cubits in the public domain. And how deep is this swamp? It is less than ten handbreadths deep. In the case of a swamp that the public domain passes through, one who throws an object four cubits into the swamp is liable. GEMARA: One of the Sages said to Rava: Granted, passing passing is mentioned twice in the mishna; this teaches us that passage under duress is considered passage, but usage under duress is not considered usage. But why do I need it to mention swamp swamp twice? Rava answered him: One case is referring to the summer, and one case is referring to the winter. And both cases are necessary, as had the mishna taught only one mention of swamp, I would have said that these matters, i.e., cases indicating that passage under duress is considered passage, apply only in the summer because people commonly pass through the swamp to cool themselves; however, in the winter I would have thought that it would not be so. And had the mishna taught us only the case of winter, I would have said that since they are filthy from mud anyway, they do not mind walking through the swamp, but in the summer it would not be so. Abaye said: It is possible to explain this other way. It was necessary for the mishna to state swamp twice because it would have entered your mind to say that these matters apply specifically where the swamp is not four cubits wide because then people walk through the swamp and do not circumvent it, but where the swamp is four cubits wide, people circumvent it. Therefore, it was necessary to teach that people walk through swamps that are both narrow and wide. Rav Ashi said another explanation: It was necessary for the mishna to state swamp twice because it would have entered your mind to say that these matters apply specifically where the swamp is at least four handbreadths wide, but where the swamp is not four handbreadths wide, people step over it and do not walk through it. The Gemara comments: And Rav Ashi follows his own reasoning, as Rav Ashi said: One who threw an object and it came to rest on one of the beams of a bridge is liable. Even though the width of each beam is less than four handbreadths, it joins together with the other beams to form a single surface of the public domain because even though many people step over the beams, still many people step on it. MISHNA: One who throws an object from the sea to dry land, or from dry land to the sea, or from the sea onto a boat, or from a boat into the sea, or from one boat to another is exempt because the sea has the legal status of a karmelit. If boats are tied together, one may carry an object from one to the other on Shabbat. However, if they are not tied, even though they are adjacent, one may not carry from one to the other. GEMARA: It was stated that the Sages disagreed with regard to the manner in which one may draw seawater onto a boat on Shabbat. Rav Huna said: One extends a projection of any size from the side of the boat as a distinctive sign, and fills a receptacle with water from the sea. Rav Ḥisda and Rabba bar Rav Huna say: One creates an area, a frame of four by four handbreadths, and fills the water from inside it. The Gemara explains: Rav Huna, who said that one extends a projection of any size and fills a receptacle with water, maintains that we measure the karmelit from the sea floor. Since the sea itself is deeper than ten handbreadths, the boat is considered to be floating in the air, and the air is an exempt domain, as it is above ten handbreadths from the ground of the karmelit. And by law one should not require a projection because he is drawing water from an exempt domain into a private domain, which is permitted ab initio. Rather, the reason a projection is required is so that he will have a distinctive sign and not come to draw water from a karmelit into a private domain. Rav Ḥisda and Rabba bar Rav Huna say: One creates an area, a frame of four by four handbreadths, and fills a receptacle with water. They maintain that we measure the karmelit from the surface of the water, and the water in the sea has a legal status like that of solid land. Therefore, if one does not create an area of four by four, he will carry from a karmelit to the private domain. Rav Naḥman said to Rabba bar Avuh: And according to Rav Huna, who said that one extends a projection of any size from the side of the boat and fills a receptacle with water, isn’t there room for concern that at times when the water is not ten handbreadths deep, he will carry from a karmelit into the private domain? He said to him: We learned through tradition that a boat does not travel in water that is less than ten handbreadths deep. He asks: Although a boat has a protrusion at its bow is more than ten handbreadths above the sea floor, the entire length of the boat is not necessarily that far above the bottom. Rav Safra said: Those people who measure the depth of the water with long poles proceed before the ship and ensure that that the water is at least ten handbreadths deep. Rav Naḥman bar Yitzḥak said to Rav Ḥiyya bar Avin: According to Rav Ḥisda and Rabba bar Rav Huna, who say that in order to draw water onto a boat on Shabbat one creates an area of four by four handbreadths and fills a receptacle, how does he throw out his waste water? And if you say he pours it out in the same area from which he draws water, the water that he subsequently draws from there will be disgusting to him. Rav Ḥiyya bar Avin answered him: He pours it onto the side of the boat from which it runs into the sea, and he does not pour it directly into the sea. The Gemara asks: Even so, it is accomplished by means of his power. Although he did not pour it directly, he caused the waste water to enter the sea. The Gemara answers: The Sages did not issue a decree to prohibit an action performed by one’s power in a karmelit. They only prohibited throwing an object directly. And from where do you say that this is so? As it was taught in a baraita: With regard to a ship, one may neither carry from it into the sea, nor from the sea into it. Rabbi Yehuda says: If the interior of the boat is ten handbreadths deep and it is not ten handbreadths above the surface of the water, one may carry from it into the sea, but not from the sea into it. The Gemara asks: What is different about carrying from the sea into the ship that one may not do so? Is it because in doing so one is carrying from a karmelit into the private domain? In carrying from the ship into the sea, one is also carrying from the private domain into a karmelit. Rather, is it not that from the ship to the sea is permitted because one throws the object onto the edge of the boat and it falls into the sea on its own, and learn from it that the Sages did not issue a decree prohibiting an action caused indirectly by one’s power in a karmelit? The Gemara summarizes: Indeed, learn from it that this is so. Rav Huna said: With regard to those small boats of Meishan, which are wide on top and narrow at the bottom, one may carry in them only within four cubits. Because they are less than four handbreadths wide at the bottom, they are not a private domain. And we only said this halakha in a case where the width of the boat does not reach four handbreadths less than three handbreadths from the bottom of the boat. However, if the width of the boat reaches four handbreadths less than three handbreadths from the bottom, we do not have this halakha, as those are considered full-fledged partitions which create a private domain. And, similarly, if one fills the bottom of the boat with reeds and thin willow branches up to the point where the boat reaches four handbreadths, we do not have this halakha. If there are ten handbreadths above the point where the boat reaches four handbreadths, it is a private domain. Rav Naḥman strongly objects to this: And let us say: Lower the partition. The upper part of the raft is sufficiently wide and its partitions are sufficiently high; why not consider it as if the partitions of the boat descend from the top of the raft in a straight line to the bottom? Was it not taught in a baraita that Rabbi Yosei, son of Rabbi Yehuda, says: One who stuck a stick into the ground in the public domain, and hung a basket atop it that is four by four handbreadths wide, and threw an object from the public domain and it landed upon it, he is liable, like one who carried an object into a private domain? Apparently, we say: Lower the partition of the basket and treat it as if it reaches the ground, creating a column that is considered a private domain. Here, too, let us say: Lower the partition. Rav Yosef strongly objects to this statement of Rav Naḥman: And did they not hear that which Rav Yehuda said that Rav said, and there are those who determined that this halakha was stated in the name of Rabbi Ḥiyya: And it was taught in a baraita: And the Rabbis deem one exempt in the case of a reed stuck in the ground of a public domain? Apparently, the opinion of Rabbi Yosei, son of Rabbi Yehuda, is an individual opinion and was not accepted as halakha. Abaye said to him: And do you not hold the principle of extending partitions? Was it not taught in a baraita: With regard to a column in the public domain that is ten handbreadths high and four handbreadths wide, and its base is not four handbreadths wide, and its narrowest point is more than three handbreadths high; and if one threw an object from the public domain and it came to rest atop the column, he is liable? Apparently, we say: Lower the partition. Since the column’s uppermost section is sufficiently wide, its partitions are considered as if they extend to the ground. Here, too, say: Lower the partition. The Gemara asks: Are the case of the basket and the case of the boat comparable? There, in the case of the basket, it is a partition that goats pass through. A partition that does not serve as a barrier is not considered a partition. Here, it is a partition that goats do not pass through. It is considered a partition. Rav Aḥa, son of Rav Aḥa, said to Rav Ashi: In the case of a boat, too, there is the passage of fish, as they can swim through the lowered partitions of the boat. He said to him: Passage of fish is not considered passage because it is not visible. And from where do you say that this is so? As Rabbi Tavla raised a dilemma before Ravin: With regard to a hanging partition, what is the ruling in terms of it permitting one to carry in a ruin when part of the building’s walls are still intact, and they are still considered partitions? Ravin said to him: A hanging partition only permits one to carry in water. It is a leniency the Sages instituted in water but not in other circumstances. And why were they lenient with regard to a hanging partition in water? Isn’t there the passage of fish? Rather, learn from this that the passage of fish is not considered passage. We learned in the mishna: If boats are tied together, one may carry an object from one to the other on Shabbat. The Gemara asks: That is obvious, since these boats are like a single domain. Rava said: This mishna was necessary only to permit carrying from one boat to another via a small boat that is between them. Rav Safra said to him: You, who are as great in this generation as Moses, did you speak well? We learned in the mishna that one may carry only from one to the other, not via a small boat. Rather, Rav Safra said: The mishna was only necessary to obligate one to place an eiruv, a joining of courtyards, between the two boats. Since the boats belong to different people, they must be joined to form a single domain in order to permit carrying from one to the other, as it was taught in a baraita: With regard to boats tied to one another, one places an eiruv and carries from one to the other. If the ties between them were severed, the people on the boats are prohibited to carry from one to the other. If they were then retied, whether unwittingly, i.e., the one who retied them forgot that it was Shabbat, whether intentionally, whether due to circumstances beyond one’s control, whether mistakenly, the boats are restored to their original permitted status. And similarly, in the case of mats that are unfurled to create a partition between two people and the public domain, one places an eiruv and carries from one to the other. If the mats were furled, the people on the boats are prohibited to carry from one to the other. If the mats were then unfurled again, whether unwittingly, whether intentionally, whether due to circumstances beyond one’s control, whether mistakenly, they are restored to their original permitted status. That is because any partition that is established on Shabbat, whether unwittingly, whether intentionally, is considered a partition. The Gemara asks: Is that so? Didn’t Rav Naḥman say: They only taught the principle that a partition established on Shabbat is considered a partition with regard to throwing. In that case, a partition creates a domain unto itself, and one who throws an object into it from another domain is liable. However, with regard to carrying within that domain, it is certainly prohibited. The Gemara answers: When that statement of Rav Naḥman was stated, it was stated with regard to an act performed intentionally. One who intentionally establishes a partition is penalized and is not permitted to benefit from it. In principle, though, that partition is considered a full-fledged partition. Shmuel said: The halakha that one may carry from one ship to another if they are tied together applies even if they were tied with a string used to close the neckline of a cloak. The Gemara asks: What are the circumstances? If the string is capable of holding the ships together, it is obvious that carrying between the ships is permitted as they are tied together. However, if the string is incapable of holding them, why is it permitted? The Gemara explains: Actually, it refers to a string that can hold them, and Shmuel said this to exclude this case from his own statement. As we learned in a mishna: If one tied a ship with an item capable of holding it and the end of that item was in a tent with a corpse, it transmits impurity to the ship. And if one tied it with something that is incapable of holding it, it does not transmit impurity to the ship. And Shmuel said: When the mishna refers to an item capable of holding it, it is referring to a case where it is tied with an iron chain. It was necessary for Shmuel to establish that although with regard to ritual impurity the halakha applies only to an iron chain, with regard to Shabbat the halakha applies to any item capable of holding the ships together. The reason that the halakha is different with regard to impurity is as it is written: “And whoever touches in the open field one slain by sword, or one who dies by himself, or a bone of a man, or a grave, shall be unclean seven days” (Numbers 19:16). The Sages derived from the phrase: One slain by sword that a sword is like one slain, i.e., a corpse. A metal instrument that comes into contact with a corpse assumes the same level of ritual impurity as the corpse itself, the ultimate primary source of ritual impurity. Therefore, it is only an iron chain in a tent with a corpse in it that can render a boat tied to the other end a primary source of ritual impurity. A string made of other materials cannot. However, with regard to Shabbat, since it is capable of holding it and it is a mere distinctive sign that is necessary, even the string of a cloak is sufficient. MISHNA: One who unwittingly throws an object from one domain to another or one who throws an object four cubits within the public domain, and after the object left his hand he remembered that he is in violation of a prohibition, if another caught it, or if a dog caught it, or if it was burned, he is exempt. Similarly, if one threw a rock on Shabbat to inflict a wound on a person or on an animal, for which one is liable to bring a sin-offering, and he remembered that he was in violation of a prohibition before the wound was inflicted, he is exempt. This is the principle: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action are unwitting. However, if the beginning of one’s action was unwitting and the conclusion was intentional, as he became aware that he was in violation of a prohibition, or if the beginning of one’s action was intentional and the conclusion was unwitting, the individuals in both of these cases are exempt until both the beginning and the conclusion are unwitting. GEMARA: We learned in the mishna that if one throws an object unwittingly and then remembers that he was in violation of a prohibition, he is exempt if the object did not come to rest on the ground. The Gemara infers: If the object comes to rest, he is liable. The Gemara asks: Why is he liable? Didn’t he remember the prohibition before it landed, and we learned in the mishna: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action will be unwitting? If one remembered before the act was complete, he should be exempt. Rav Kahana said: With regard to the latter clause of the mishna, we have come to a special case of a bolt and a cord. The bolt is connected to a cord that one holds in his hand, which renders him capable of retrieving the bolt before it lands. Therefore, in a case where the beginning was unwitting and the conclusion was intentional, one is exempt because he is still capable of changing the outcome of the action. However, in the first clause of the mishna, once the object left his hand the action is irreversible, and therefore it is an action whose beginning and conclusion are unwitting. The Gemara asks: The case of the bolt and the cord is one where one holds it in his hand. Therefore, no act of throwing actually took place, and there is no liability to bring a sin-offering. The Gemara answers: The case of the bolt and the cord was not stated with regard to Shabbat. Rather, it was stated with regard to one who intended to inflict a wound by throwing an object tied to a rope. The Gemara asks: This was also taught explicitly in the mishna: If one threw a rock on Shabbat to inflict a wound on a person or on an animal, and he remembered before the wound was inflicted, he is exempt. Rather, Rava said: This principle was stated with regard to a case of carrying, not throwing an object. Since one is holding the object the entire time while violating the prohibition, and is capable of letting it go at any time, this is a case whose beginning and conclusion are intentional. The Gemara asks: Wasn’t this principle that was taught, taught with regard to throwing because that is the topic of the mishna? Rather, Rava said: Two separate matters were taught in the mishna. The first case is: One who unwittingly throws an object, and after the object left his hand he remembered that he was in violation of a prohibition. Alternatively, another case where one is exempt is: A case where one did not remember and another caught it, or a dog caught it, or if it was burned, he is exempt. Rav Ashi said: The mishna is incomplete, and it teaches the following: One who throws a rock and remembers the violation after it left his hand, if another caught it, or if a dog caught it, or if it was burned, he is exempt. By inference, if the object comes to rest, he is liable. Rav Ashi adds: In what case are these matters stated? In a case where one then forgot again before the object came to rest. However, if one did not then forget again, he is exempt because all who are liable to bring sin-offerings are liable only if the beginning of their action and the conclusion of their action are unwitting. We learned in the mishna that this is the principle: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action are unwitting. It was stated that amora’im disputed this point. With regard to a case where one carried an object in the public domain two cubits unwittingly, and then became aware and carried it two more cubits intentionally, and then carried it two additional cubits unwittingly, and then placed the object, can this be characterized as a case in which the beginning of the action and the conclusion of the action are unwitting? Rabba said: One is exempt. Rava said: One is liable. The Gemara clarifies the two positions. Rabba said: One is exempt. This is the halakha even according to Rabban Gamliel, who said: There is no awareness for half a measure, and therefore he is liable. Since one is not liable to bring a sacrifice for a half-measure, the fact that he became aware between consumption of the two halves of an olive-bulk is of no significance. One’s awareness does not demarcate between the two half-measures of two cubits with regard to liability to bring a sin-offering. He only said so there, when the measure that determines liability was completed, it was completed unwittingly. However, here, when the measure is completed, it is completed intentionally. In that case, he would say no, he is not liable. The measure that determines liability for carrying in the public domain on Shabbat is four cubits. When the object reached four cubits, he was carrying the object intentionally. The Gemara explains: And in what case was this stated? If it was stated with regard to a case of throwing, the entire act was unwitting because when he became aware, there was nothing he could do to prevent the object from landing. Rather, it must have been with regard to a case of carrying. Rava said: One is liable. Even according to the Rabbis, who said: There is awareness for half a measure, and therefore he is exempt, they only said so there, where it is still in his control to complete or terminate the action. But here, where it is not in his control to affect the outcome, they would not say so and would deem him liable. And in what case was this stated? If it was stated with regard to a case of carrying, the outcome is still in his control. Rather, it must have been with regard to a case of throwing. Apparently, Rabba and Rava do not disagree. They are discussing separate cases. Rabba said: If one unwittingly threw an object from one domain to another or unwittingly threw an object four cubits in a public domain on Shabbat, and it came to rest in the mouth of a dog or in a furnace, he is liable. The Gemara asks: Didn’t we learn in the mishna: If another caught it, or if a dog caught it, or if it was burned, he is exempt? The Gemara answers: There, the case of the mishna where one is exempt, one did not intend to throw it into the dog’s mouth. A dog came and snatched the object, preventing it from landing at its intended destination. Since the intention of the thrower was not realized, he is exempt. However, here, where Rabba said that the thrower is liable, he intended to throw the object into the dog’s mouth. He is liable because his intention was realized. Rav Beivai bar Abaye said: We also learned support for that distinction in a mishna: There is a person who performs a single act of eating an olive-bulk of food, and he is liable to bring four sin-offerings and one guilt-offering. How so? This halakha applies to one who is ritually impure who ate forbidden fat that was notar from a consecrated offering, i.e., it remained after the time when it may have been eaten expired, and this happened on Yom Kippur. The person who did this is liable to bring one sin-offering for eating consecrated food while impure, one for eating forbidden fat, one for eating notar, and one for eating on Yom Kippur. He is also liable to bring a guilt-offering for misuse of consecrated items. Rabbi Meir says: There is one more sin-offering for which he may be liable. In addition, if it was Shabbat and he carried this olive-bulk of food from one domain to another in his mouth, he is liable for carrying out on Shabbat. The Rabbis said to Rabbi Meir: Liability for the sin-offering that you added is not incurred from violation of the same type of prohibition. He is liable for carrying out the food, not for eating it. However, fundamentally, the Rabbis agree that one would be liable for carrying out in that case. The Gemara asks: And why would one be liable? That carrying, which was done in one’s mouth, is not the typical manner of carrying out. Rather, it must be that since he intended to carry out the object in that manner, his thought renders his mouth a suitable place for placement of an object. Here, too, since he intends to throw the object into the dog’s mouth, his thought renders the dog’s mouth a suitable place for placement of an object, and he is liable for throwing it there. MISHNA: With regard to one who builds on Shabbat, thereby violating a prohibition in a primary category of prohibited labor, how much must he build to be liable to bring a sin-offering? The Sages said: One who builds is liable for building any amount. And one who chisels, or strikes with a hammer or with an adze, or one who drills a hole of any size on Shabbat, is liable. This is the principle: Anyone who performs a prohibited labor and his labor endures on Shabbat is liable. And so too, Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer during his labor has performed a constructive act and is liable, because he is as one who improves the labor that he is performing. GEMARA: The Gemara asks: With regard to any small amount of building, for what use is it suited? Rabbi Yirmeya said: As a poor person digs a hole in the floor of his house in which to hide his coins. Digging a hole in the floor of a house is an act of building. The corresponding situation in the Tabernacle was as those who sewed curtains in the Tabernacle dug holes in which to hide their needles. Abaye said: Since needles rust in the ground, they did not do so. The Gemara seeks a different example of small-scale building that is significant. Rather, an example is that a poor person makes legs for a small stove to place a small pot on it. The corresponding situation in the Tabernacle was with regard to those who cooked herbs used to dye curtains, whose dyeing process was lacking a small amount for completion. At that point, it was not worth the effort to cook a large quantity of dye, and so they would make legs for a small stove upon which to place a small cauldron to cook a small bit of dye to finish the job. Rav Aḥa bar Ya’akov said: There is no poverty in a place of wealth. In the Tabernacle, as in any public project, actions are not performed on a small scale or in parsimonious quantities; they were performed generously. Those who cooked dyes in the Tabernacle had no use for small crucibles. Rather, an example of significant small-scale building is a homeowner who has a small hole in his house and seals it. The corresponding situation in the Tabernacle was with regard to a beam that was set upon by a worm that bore a hole into it; one pours lead into the hole and seals it. Shmuel said: If one sets a stone in place on Shabbat, i.e., he takes a building stone and fixes it in place on the ground on Shabbat, he is liable for performing the prohibited labor of building. The Gemara raises an objection to this from that which the Sages taught with regard to building on Shabbat. In a case where one puts down a stone and another one places the mortar, the one who places the mortar is liable for building. Apparently, the prohibition of building is only violated when mortar is added. Merely setting a stone in place is not enough to establish liability. The Gemara answers: And according to your line of reasoning, say the latter clause of that mishna where we learn that Rabbi Yosei says: And even if one lifted the stone and placed it on a top row of stones [dimos], he is liable even without securing it with mortar. Rather, apparently, there are three different kinds of building: Bottom row, middle row, and upper row. The bottom row requires setting the stones in place and dirt to hold it in place. The middle row requires mortar as well. The upper row suffices with mere placement. We learned in the mishna: One who chisels any amount is liable. The Gemara asks: With regard to one who chisels, for which primary category of prohibited labor is he liable? Rav said: He is liable due to the prohibited labor of building. And Shmuel said: He is liable due to the prohibited labor of striking a blow with a hammer to complete the production process of a vessel. They similarly disagreed with regard to one who makes a hole in a chicken coop. Rav said: He is liable due to the prohibited labor of building. And Shmuel said: He is liable due to the prohibited labor of striking a blow with a hammer. And similarly, with regard to one who inserts a pin into the handle of a hoe in order to secure the handle, Rav said: He is liable due to the prohibited labor of building. And Shmuel said: He is liable due to the prohibited labor of striking a blow with a hammer. The Gemara comments: It is necessary for the Gemara to teach us that Rav and Shmuel disagreed in each of these cases because one could not be inferred from the other. As, had the Gemara told us only the first case of chiseling, I would have said that it is specifically in that case that Rav said one is liable for building because it is a typical manner of building; however, with regard to one who makes a hole in a chicken coop, which is not a typical manner of building, say that Rav agrees with Shmuel that this is not subsumed under the rubric of the prohibited labor of building. And had the Gemara told us only about this case of making a hole in a chicken coop, I would have said that it is specifically in that case that Rav said one is liable for building, because it is similar to building, as people do so for ventilation in a chicken coop, just as they place windows in buildings. However, inserting a pin into the handle of a hoe, which is not a typical manner of building, say that Rav agrees with Shmuel that it is not subsumed under the rubric of the prohibited labor of building. Conversely, had the Gemara told us only about this case of inserting a pin into the handle of a hoe, I would have said that it is only in that case that Shmuel said that the action is not subsumed under the rubric of the prohibited labor of building; however, with regard to these other two cases of chiseling and making a hole in the coop, say that Shmuel agrees with Rav that they are subsumed under the rubric of the prohibited labor of building. Therefore, it was necessary to cite all three disputes. Rav Natan bar Oshaya raised a dilemma before Rabbi Yoḥanan: With regard to one who chisels, for which primary category of prohibited labor is he liable? He indicated with his hand that he is liable for striking a blow with a hammer. The Gemara asks: Didn’t we learn in the mishna: One who chisels and one who strikes a blow with a hammer, indicating that they are two different prohibitions? The Gemara answers: Emend this and say: One who chisels is liable due to the prohibition of striking a blow with a hammer. Come and hear a proof that will resolve this dilemma from that which we learned: One who drills a hole of any size is liable. Granted, according to Rav, who said that one who makes a hole is liable due to the prohibited labor of building, here too, he should be liable because he appears as one who is making a hole for the purpose of building. However, according to Shmuel, drilling a hole is not a completion of the labor. The labor will be complete only when a stake or pin is inserted into the hole. Until he does so, he cannot be liable for completing the labor. The Gemara answers: With what we are dealing here? With a case where one drilled a hole with an iron nail and left it inside the surface in which he drilled the hole. That is considered a completion of labor because there is no intention to remove the nail from its hole. We learned in the mishna that this is the principle: Anyone who performs a prohibited labor and his labor endures on Shabbat is liable. The Gemara asks: What does the phrase: This is the principle, come to include? The Gemara explains: It comes to include a case where one carved out a vessel with a capacity of half a kav [kefiza] into a piece of wood in which it was possible to chisel a vessel with a capacity of a whole kav. Since this labor endures on Shabbat and it can be used, it is considered a complete labor and he is liable. We also learned in the mishna that Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer is liable. The Gemara wonders: What has he done by striking the anvil that would render him liable? It was Rabba and Rav Yosef who both said in explanation: He is liable because he trains his hand for his work by striking the anvil. The sons of a man named Raḥava found this answer difficult: If so, one who observed a craft being performed on Shabbat and learned to perform that craft through observation, would he also be liable? Only one who performs an actual labor on Shabbat is liable. Rather, it was Abaye and Rava who both said in explanation: He is liable, as those who flatten plates of metal for the Tabernacle do so. They would strike the anvil with the sledgehammer in order to straighten the sledgehammer’s handle, which became crooked. That was also taught in a baraita. Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer during his labor is liable, as those who flatten plates of metal for the Tabernacle do so. MISHNA: One who plows is liable for plowing any amount of land on Shabbat. One who weeds and removes grass on Shabbat, and one who removes dry branches and who prunes any amount is liable. With regard to one who gathers wood, if he did so to enhance the tree or the land, he is liable for any amount; if he did so for fuel, he is liable for collecting a measure equivalent to that which is used to cook an easily cooked egg. With regard to one who gathers grass, if he did so to enhance the plants or the land, he is liable for any amount; if he did so to feed an animal, he is liable for collecting a measure equivalent to a goat’s mouthful. GEMARA: The Gemara asks: For what use is plowing any amount of land suited? The Gemara answers: It is suited for a single pumpkin seed. The corresponding situation in the Tabernacle was as it is suitable for planting a single stalk of herbs to make dyes. We also learned in the mishna: One who weeds, and one who removes dry branches, and who prunes any amount is liable. The Sages taught that in a baraita: With regard to one who severs endives that grow like weeds, or who prunes reeds [zeradim]; if he did so for human consumption, he is liable in the measure of a fig-bulk; if he did so for animal consumption, he is liable in a measure equivalent to a goat’s mouthful. If he did so for fuel, he is liable for severing a measure equivalent to that which is used to cook an easily cooked egg. If he did so to enhance the land, he is liable for any amount. The Gemara asks: Aren’t all these done to enhance the land? Each stalk that a person uproots enhances the land. It was Rabba and Rav Yosef who both said in explanation: They taught this baraita with regard to swampland, where grass is not uprooted to enhance the land. Abaye said: Even if you say that the baraita is referring to a field that is not a swampland, it can be referring to a case where one did not intend to enhance the land. The Gemara asks: However, is it not Abaye and Rava who both say that Rabbi Shimon, who holds that one is liable only for performing an intentional action, concedes that one is liable in a case of cut off its head, will it not die? In any case where the outcome is inevitable, as in this case where the land will be enhanced, one’s lack of intention does not exempt him. The Gemara answers: Abaye’s statement was only necessary in a case where one did so on another’s land. Since he did not intend for that outcome to eventuate and he derives no benefit from enhancing the land, he is not liable in that case. MISHNA: One who writes two letters on Shabbat, whether he did so with his right hand or his left, whether they were the same letter or two different letters, whether he did so using two different types of ink, in any language, he is liable. Rabbi Yosei said: One is deemed liable for writing two letters only due to marking, as they would write symbols on adjacent beams of the Tabernacle to know which beam was another beam’s counterpart. Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name, e.g., Shem [shin mem] from the name Shimon or from Shmuel; Noaḥ [nun ḥet] from Naḥor; Dan [dalet nun] from Daniel; Gad [gimmel dalet] from Gaddiel. In all of these cases, the first two letters of the longer name constitute the shorter name. GEMARA: The Gemara questions the beginning of the mishna: Granted, for writing with the right hand let one be liable, as that is the typical manner of writing. However, for writing with the left hand, why is one liable? That is not the typical manner of writing. Rabbi Yirmeya said: When the mishna taught that one who writes with his left hand is liable, they taught it with regard to one who is left-handed. The Gemara asks: And if so, let his left hand have the same legal status as everyone’s right hand; for writing with his left hand, let him be liable, for writing with his right hand, let him not be liable. Rather, Abaye said: This mishna refers to an ambidextrous person, who is liable for writing with either hand. Rav Ya’akov, son of the daughter of Ya’akov, said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yosei, who said: One is deemed liable for writing two letters only due to marking. As such, one is liable for writing a letter even if he writes it imprecisely with his left hand. The Gemara asks: From the fact that the latter clause of the mishna is in accordance with the opinion of Rabbi Yosei, the first clause of the mishna is not in accordance with the opinion of Rabbi Yosei. The Gemara answers: That is not necessarily the case. The entire mishna is in accordance with the opinion of Rabbi Yosei, and the attribution of his second statement was for emphasis alone. We learned in the mishna that Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name. The Gemara asks: Rather, is that to say that according to Rabbi Yehuda, it is one who writes two letters that are two different types of letters who is liable; however, one who writes two letters that are one type of letter is not liable? Wasn’t it taught in a baraita that it is written: “When a leader sinned, and he unwittingly performed one of any of the commandments which the Lord his God commanded not to do, and is guilty” (Leviticus 4:22)? The Sages taught: I might have thought that one is not guilty until he performs a complete labor, e.g., until he writes the entire name that he intended to write, or until he weaves the entire garment, or until he crafts the entire sieve made from the reeds of the warp and the woof; therefore, the verse states: “A soul who sins unintentionally in any of the Lord’s commandments which one shall not perform, and did an action from one of these” (Leviticus 4:2). The emphasis on the phrase “from one” teaches that in order for one to be liable, it is sufficient that he perform only part of the prohibited labor. However, if that is derived from the use of the phrase “from one,” I might have thought that one is liable even if he wrote only a single letter, or even if he wove only a single thread, or even if he crafted only a single eye of the sieve, i.e., arranging the reeds to create a warp, and then interweaving a single reed as a woof; therefore, the verse states “one,” which means one complete labor. How can the two phrases be reconciled? Rather it must be explained that one is liable only if he writes a small name that constitutes part of a longer name, e.g., Shem from the name Shimon or from Shmuel, Noaḥ from Naḥor, Dan from Daniel, Gad from Gaddiel. Rabbi Yehuda says: One is liable even if he wrote only two letters that are one type of letter, e.g., shesh [shin shin], tet [tav tav], rar [reish reish], gag [gimmel gimmel], ḥaḥ [ḥet ḥet]. Rabbi Yosei said: And is one liable due to the labor of writing? Isn’t one liable only due to the prohibition of marking, as they would write symbols on adjacent beams of the Tabernacle to know which beam was another beam’s counterpart? Therefore, one who made a single scratch on two boards, or two scratches on a single board, is liable. Rabbi Shimon says: The verse states, “When a leader sinned, and he unwittingly performed one of any of the commandments which the Lord his God commanded not to do, and is guilty” (Leviticus 4:22), and from the word one, I might have thought that one is not guilty until he performs a complete labor, e.g., until he writes the entire name that he intended to write, or until he weaves the entire garment, or until he crafts the entire sieve made from the reeds of the warp and the woof; therefore, the verse states “from one.” However, if that is derived from the use of the phrase “from one,” I might have thought that one is liable even if he wrote only a single letter, or even if he wove only a single thread, or even if he crafted only a single eye of the sieve. Therefore, the verse states “one.” But how can we reconcile the two phrases? One is only liable for performing a labor that is of the type that endures. In that case it is considered a complete labor. Rabbi Yosei says that the verse states: “And did an action from one of these” (Leviticus 4:2). This unusual expression indicates repetition: And he performed one, and he performed these. From here it is derived that at times one is liable to bring one sin-offering for them all, and at times one is liable to bring several offerings, one for each and every one. The Gemara returns to the matter of the baraita: In any event, it was taught that Rabbi Yehuda says: One is liable even if he only wrote two letters that are one type of letter; he does not insist that one is liable only if he writes two different letters. The Gemara answers: This is not difficult. This opinion is his own, and that other opinion is that of his teacher, as it was taught in a baraita: Rabbi Yehuda says in the name of Rabban Gamliel: Even if one only wrote two identical letters, forming words such as shesh, tet, rar, gag, or ḥaḥ, he is liable. That is Rabban Gamliel’s opinion, but Rabbi Yehuda himself holds that one is only liable for writing two different letters. The Gemara asks: The opinion of Rabbi Shimon in the baraita is identical to the opinion of the first tanna. And if you say that there is a practical difference between their opinions in the case of the letters alef alef in a word such as a’azerkha (Isaiah 45:5), in that the first tanna holds that if one wrote the letters alef alef of the word a’azerkha he is not liable because the two letters do not spell a complete word, and Rabbi Shimon holds that since that combination of letters appears in standard amulets [gelatorei] he is liable because this writing is considered to be enduring; is that to say that the opinion of Rabbi Shimon tends to stringency in this matter? Wasn’t it taught in a baraita: One who drills a hole of any size on Shabbat is liable, one who scrapes and smooths posts or parchments in any amount is liable, one who tans any amount of an animal hide is liable, one who draws any size form on a vessel is liable? Rabbi Shimon says: One is liable only if he drills the entire hole that he intended to drill, or if he scrapes the entire post or parchment that he intended to scrape, or if he tans the entire hide that he intended to tan, or if he draws the entire form that he intended to draw. Clearly, Rabbi Shimon’s opinion is the lenient one. Rather, Rabbi Shimon comes to teach us this: It is considered writing that endures only if he writes the entire name. The Gemara asks: And how can you say this? Wasn’t it taught in a baraita that Rabbi Shimon says: From the phrase “and he performed one” I might have thought that one is liable only if he writes the entire name; therefore, the verse states “from one.” Apparently, he does not require that the entire word be written in order to be liable. The Gemara answers: Resolve the contradiction between these statements and say this: I might have thought that one is liable only if he writes the entire verse that he intended to write; therefore, the verse states “from one.” One is liable for writing less than that. However, one is certainly not liable for writing less than a complete word. The baraita cites that Rabbi Yosei says that the verse states: “And did an action from one of these.” This unusual expression indicates repetition and it is as if it says: And he did one, and he did these. From here it is derived that at times one is liable to bring one sin-offering for them all, and at times one is liable to bring several offerings, one for each and every one. And Rabbi Yosei, son of Rabbi Ḥanina, said: What is the reason for Rabbi Yosei’s opinion? Since the verse says “from one” and “of these,” Rabbi Yosei detects both a restriction, i.e., “from” and “of,” an amplification based on superfluous expressions, as it would have been sufficient for the verse to say “one” and not “from one,” and it would have been sufficient to say “these” instead of “of these.” The repetitive language teaches that there are cases of one that is these and cases of these that are one. Similarly, Rabbi Yosei explained that had the verse said “one,” the conclusion would have been that one is only liable for performing a complete transgression, e.g., writing the name Shimon on Shabbat. “From one” teaches that one is liable even if he does not complete the intended action, e.g., writing Shem from Shimon. “These” refers to the transgressions themselves, e.g., the primary categories of labor prohibited on Shabbat. The words “from these” teach that even subcategories are included. The Gemara illustrates the case of one that is these. One was aware that he was in violation of the prohibition of Shabbat but not aware that the individual labors were prohibited. In that case, if he performed several prohibited labors during this lapse of awareness, he is liable to bring a sin-offering for each violation. These that are one refers to a case where one was unaware that he was in violation of the prohibition of Shabbat but he was aware that the individual labors were prohibited. In that case, he is liable to bring only one sin-offering for all of the prohibited labors. We learned in the mishna that Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing and wrote a small name that constituted part of a longer name, e.g., Shem from Shimon. The Gemara asks: Is it similar? The mem in Shem is closed and the mem in Shimon is open. Rav Ḥisda said: That is to say that a closed letter that one rendered open is valid even in writing a Torah scroll, and it is not considered an irregularity in the writing. Therefore, one is liable for writing an open letter instead of a closed one. The Gemara raised an objection from a baraita that interprets the verse: “And you shall write them on the doorposts of your house and on your gates” (Deuteronomy 6:9). “And you shall write them [ukhtavtam]” means that it should be perfect writing [ketiva tamma] with no mistakes, and clear writing. This means that one should not write an alef as an ayin, an ayin as an alef, a beit as a kaf, a kaf as a beit, a gimmel as a tzadi, a tzadi as a gimmel, a dalet as a reish, a reish as a dalet, a heh as a ḥet, a ḥet as a heh, a vav as a yod, a yod as a vav, a zayin as a nun, a nun as a zayin, a tet as a peh, a peh as a tet. Similarly, one should not write bent letters like kaf and nun found in the middle of a word as straight letters like kaf and nun found at the end of a word, nor should one write straight letters as bent letters. A final mem should not be written like a samekh, and a samekh should not be written like a mem. A closed mem should not be written open, and an open one should not be written closed. Similarly, if there is an open paragraph in the Torah one may not render it closed, and one may not render a closed paragraph open. If one wrote a mezuza or a Torah scroll following the Torah’s format for poetry or if one wrote poetry like regular text, as a mezuza is typically written, or if one wrote without ink but with another material, or if one wrote the mentions of God’s names in gold, all of these must be suppressed. Apparently, one may not write closed letters as open letters, contrary to the statement of Rav Ḥisda. The Gemara answers: Rav Ḥisda stated his opinion in accordance with the opinion of this tanna, as it was taught in a baraita that Rabbi Yehuda ben Beteira says: While on the rest of the days of Sukkot the verse employs the phrase: “And its libation [veniska],” on the second day it is stated: “And their libations [veniskeihem]” (Numbers 29:19) with an extra letter mem; on the sixth day, it is stated: “And its libations [unsakhe’ah]” (Numbers 29:31) with an extra letter yod. On the seventh day, instead of “according to the law [kamishpat]” employed on the other days, it is stated: “According to their laws [kemishpatam]” (Numbers 29:33) with an extra letter mem. Together these additional letters, mem, yod, and mem, form the word mayim, which means water. This is an allusion to the water libation from the Torah. On Sukkot, a water libation was poured onto the altar in addition to the wine libation that accompanied sacrifices throughout the year. However, here, the closed mem at the end of the word veniskeihem is interpreted as if it were an open mem and used as the first mem in mayim. And from the fact that an open letter that one rendered closed is valid, in the case of a closed letter, too, a closed letter that one rendered open is valid. This homiletic interpretation supports Rav Ḥisda’s opinion. The Gemara rejects this comparison: Is it similar? If one rendered an open letter closed, he elevates its status, as Rav Ḥisda said: The letters mem and samekh that were in the tablets were standing miraculously. Each letter was chiseled all the way through the tablets. In that case, the segment of the tablets at the center of the samekh and final mem, letters that are completely closed, should have fallen. Miraculously, they remained in place. Consequently, rendering an open mem closed elevates its status. However, if one rendered a closed letter open, he diminishes its status, as Rabbi Yirmeya said, and some say that it was Rabbi Ḥiyya bar Abba who said: The prophets instituted the difference between the open and closed forms of the letters mem, nun, tzadi, peh, kaf. Since the closed letters date back to the Ten Commandments, apparently the prophets introduced the open versions of the letters, which are therefore less significant. The Gemara rejects this: And is that reasonable? Isn’t it written: “These are the commandments that the Lord commanded Moses to tell the children of Israel at Mount Sinai” (Leviticus 27:34). The word “these” underscores that a prophet is not permitted to introduce any new element related to the Torah and its mitzvot from here on. Rather, the prophets did not innovate these forms. Both the open and closed versions existed before then. However, people did not know which form appeared in the middle of a word and which form at the end of a word. And the prophets came and instituted their set positions. The Gemara asks: And still the question remains: Didn’t the Sages derive from the verse: “These are the commandments,” that a prophet is not permitted to introduce any new element from here on? How could they institute the position of the letters? Rather, over the course of time, the people forgot their positions in the words and the prophets then reestablished their positions. Apparently, closed letters are no more significant than the open ones. The Gemara returns to discuss the matter itself. Rav Ḥisda said: The letters mem and samekh that were in the tablets were standing miraculously. And furthermore, Rav Ḥisda said: The writing on the tablets was read from the inside, from one side of the tablets, and read from the outside, the other side of the tablets, in reverse order. The Gemara cites words that appear elsewhere in the Bible: Nevuv was read as bet, vav, bet, nun; rahav as beit, heh, reish; and saru as vav, reish, samekh. The Sages said to Rabbi Yehoshua ben Levi: Young students came today to the study hall and said things the likes of which were not said even in the days of Joshua bin Nun. These children who only knew the Hebrew alphabet interpreted the letters homiletically.
Alef beit means learn [elaf] the wisdom [bina] of the Torah.
Gimmel dalet means give to the poor [gemol dalim]. Why is the leg of the gimmel extended toward the dalet? Because it is the manner of one who bestows loving-kindness to pursue the poor. And why is the leg of the dalet extended toward the gimmel? It is so that a poor person will make himself available to him who wants to give him charity. And why does the dalet face away from the gimmel? It is to teach that one should give charity discreetly so that the poor person will not be embarrassed by him. The children continued to interpret the letters.
Heh vav: That is the principal name of the Holy One, Blessed be He.
Zayin ḥet, tet yod, kaf lamed: And if you do so, the Holy One, Blessed be He, feeds [zan] you, and shows you favor [ḥan], and bestows goodness [meitiv] upon you, and gives you an inheritance [yerusha], and ties a crown [keter] for you in the World to Come [la’olam haba].
The open mem and closed mem indicate that the Torah contains an open statement, understood by all, and an esoteric statement.
The bent nun and the straight nun at the end of a word refer to a faithful person who is bent [ne’eman kafuf] and is modest now, who will ultimately become a well-known faithful person [ne’eman pashut]. Samekh ayin: Support the poor [semokh aniyyim] to prevent them from falling further. Another version: Make mnemonic signs [simanim aseh] to remember the Torah and acquire it.
The bent peh and the straight peh: Sometimes one needs to have an open mouth [peh patuaḥ] and speak, and sometimes one needs to have a closed mouth [peh satum].
The bent tzadi and the straight tzadi indicate that a righteous person who is bent and humble [tzaddik kafuf] now will ultimately become a well-known righteous person [tzaddik pashut] whose righteousness is apparent to all. The Gemara asks: That is identical to the interpretation of the bent and straight nun: Ne’eman kafuf, ne’eman pashut. The Gemara explains: The verse added the bending of the righteous person to the bending of the faithful person. From here it is derived that the Torah was given in an atmosphere of gravity. One must receive the Torah with a sense of awe and extreme humility. The children continued:
Kuf: Holy [kadosh], referring to God.
Reish: A wicked person [rasha]. Why is the kuf facing away from the reish? This question was phrased euphemistically, as it is the reish that is facing away from the kuf. The Holy One, Blessed be He, said: I am unable look at a wicked person, i.e., the wicked person does not want to look toward God. And why is the crown of the letter kuf turned toward the reish? The Holy One, Blessed be He, said: If the wicked person repents his evil ways I will tie a crown for him like My own. And why is the leg of the kuf suspended and not connected to the roof of the letter? Because if the wicked person repents he can enter through this opening if he so desires. The Gemara asks: Let him enter through that opening, as the kuf is open on both sides at the bottom. The Gemara answers: This supports the statement of Reish Lakish, as Reish Lakish said: What is the meaning of that which is written: “If it concerns the scorners, He scorns them, and unto the humble He gives grace” (Proverbs 3:34)? One who comes in order to become impure, i.e., to sin, they, in Heaven, provide him with an opening to do so, and he is not prevented from sinning. However, if he comes in order to become purified, not only is he allowed to do so, but they, in Heaven, assist him. They further taught:
Shin: Falsehood [sheker]. Tav: Truth [emet].
Why are the letters of the word sheker adjacent to one another in the alphabet, while the letters of emet are distant from one another? That is because while falsehood is easily found, truth is found only with great difficulty. And why do the letters that comprise the word sheker all stand on one foot, and the letters that comprise the word emet stand on bases that are wide like bricks? Because the truth stands eternal and falsehood does not stand eternal. The Gemara cites another midrash that also deals with the letters of the alphabet. This one uses a code in which the first letter is paired with the last letter, the second letter with the penultimate one, and so on [alef tav, beit shin]. Alef tav, God said: If he despised Me [oti ti’ev] would I desire [etaveh] him? Beit shin: If he does not desire to worship Me [bi], shall My name [shemi] rest upon him? Gimmel reish: He defiled his body [gufo]; shall I have mercy [araḥem] on him? The word comprised of the letters gimmel and reish in Aramaic means licentiousness. Dalet kuf: He locked My doors [daltotai], shall I not cut off his horns [karnav]? To this point, the Gemara interpreted the letters as referring to the attribute of the wicked. However, with regard to the attribute of the righteous it is taught differently. Alef tav, beit shin: If you have shame [ata bosh], gimmel reish, dalet kuf: If you do so, you will reside [gur] in the heavens [bedok], as the verse says: “Who stretches out the Heavens like a curtain [dok]” (Isaiah 40:22). Heh tzadi, vav peh: There is a partition [ḥatzitza havei] between you and anger [af]. Zayin ayin, ḥet samekh, tet nun: And you will not be shaken [mizdaze’a] by the Satan. Yod mem, kaf lamed: The minister of Gehenna said before the Holy One, Blessed be He: Master of the Universe, send the righteous as well into the sea to which all go [yam kol], Gehenna. The interpretation of the alphabet continues with other combinations of letters. The Holy One, Blessed be He, said: Alef ḥet samekh, bet tet ayin, gimmel yod peh: I have mercy on them [Ani ḥas aleihem] because they spurned [ba’atu] adultery [gif]. The Gemara continues with this combination of the letters: Dalet kaf tzadi: They are pure [dakkim], they are honest [kenim], they are righteous [tzaddikim]. Heh lamed kuf: You have no portion [ḥelek] with them, based on the interchange of the letters ḥet and heh. Vav mem reish zayin nun, shin tav: The minister of Gehenna said [amar], based on vav mem reish, before Him: Master of the Universe, my Master [Mari], sustain me [zaneini] with the seed of Seth [Shet], which refers to all humankind, including the Jewish people. The Holy One, Blessed be He, said to him using another configuration of the alphabet: Alef lamed, beit mem: Not with them [al bam], i.e., you will have no portion of them. Gimmel nun, dalet samekh: To where will I lead them? I will lead them to the garden of myrtle [gan hadas], i.e., the Garden of Eden. Heh ayin, vav peh: The minister of Gehenna said before the Holy One, Blessed be He: Master of the Universe, I am tired [ayef anokhi] and thirsty and need people to care for me. The Holy One, Blessed be He, responded: Zayin tzadi, ḥet kuf: These are the descendants [zaro] of Isaac [Yitzḥak]. Tet reish, yod shin, kaf tav: Wait [tar], I have groups upon groups [yesh li kittot kittot] of other nations that I will give you instead. MISHNA: One who writes two letters on Shabbat during one lapse of awareness is liable. The following substances used as ink are explained in the Gemara. One is liable if he wrote with deyo, with sam, with sikra, with gum [komos], or with copper sulfate [kankantom] or with any substance that makes a mark. If one wrote on two walls of a house that form a corner, or on two parts of a writing tablet, and the two items are read together, he is liable. One who writes on his flesh on Shabbat is liable. If one unwittingly scratches letters on his flesh on Shabbat, Rabbi Eliezer deems him liable to bring a sin-offering and the Sages deem him exempt. If one wrote with liquids or with fruit juice, or if one drew letters with road dust, with scribes’ dust that they use to dry the ink, or with any substance with which the writing does not endure, he is exempt. Similarly, if one wrote by holding the pen on the back of his hand, with his foot, with his mouth, or with his elbow; if one wrote only a single letter, even if it was adjacent to other preexisting writing; or if one wrote over other writing; if one meant to write the letter ḥet and instead wrote the two halves of the ḥet as two instances of the letter zayin; if one wrote one letter on the ground and one on a rafter; if one wrote one letter on two walls of a house, or on two parts of a writing tablet that are not read together, he is exempt. If one wrote one letter as an abbreviation representing an entire word, Rabbi Yehoshua ben Beteira deems him liable to bring a sin-offering, and the Rabbis deem him exempt. GEMARA: The Gemara defines the terms used in the mishna. Deyo is deyota made from soot. Sam is samma, which is yellow-tinged arsenic. Sikra, Rabba bar bar Ḥana said: It is called sikreta in Aramaic and is a lead-based red paint. Komos is koma in Aramaic, and it is an ink made with gum Arabic from the sap of a tree. Kankantom, Rabba bar bar Ḥana said that Shmuel said: This is the black substance used by cobblers, copper sulfate. And we learned in the mishna that one who writes with any substance that makes a mark is liable. The Gemara asks: What does this statement come to include? The Gemara answers: It comes to include that which Rabbi Ḥananya taught with regard to writing a bill of divorce: If one wrote it with the juice of the fruit called teriya, or with gallnut juice instead of ink, it is valid. Similarly, Rabbi Ḥiyya taught: If one wrote a bill of divorce with lead, with soot (ge’onim), or with shoeblack, it is valid. Since those substances leave a permanent mark, one who writes with them on Shabbat is liable. We learned in the mishna: If one unwittingly scratches letters on his flesh on Shabbat, Rabbi Eliezer deems him liable to bring a sin-offering and the Sages deem him exempt. It was taught in a baraita that Rabbi Eliezer said to the Rabbis: Didn’t the infamous ben Stada take magic spells out of Egypt in a scratch on his flesh? They said to him: He was a fool, and you cannot cite proof from a fool. That is not the way that most people write. Incidentally, the Gemara asks: Why did they call him ben Stada, when he was the son of Pandeira? Rav Ḥisda said: His mother’s husband, who acted as his father, was named Stada, but the one who had relations with his mother and fathered him was named Pandeira. The Gemara asks: Wasn’t his mother’s husband Pappos ben Yehuda? Rather, his mother was named Stada and he was named ben Stada after her. The Gemara asks: But wasn’t his mother Miriam, who braided women’s hair? The Gemara explains: That is not a contradiction. Rather, Stada was merely a nickname, as they say in Pumbedita: This one strayed [setat da] from her husband. We learned in the mishna: If one wrote only a single letter, even if it was adjacent to other preexisting writing, he is exempt. The Gemara asks: Who is the tanna whose opinion is cited in the mishna? Rava bar Rav Huna said: This halakha is not in accordance with the opinion of Rabbi Eliezer, as if it were in accordance with the opinion of Rabbi Eliezer, didn’t he say: One who adds a single thread to a previously woven fabric is liable for weaving? In his opinion, although a single thread or letter is insignificant in and of itself, one is liable because adding even a small measure to existing material is significant. We learned in the mishna: If one wrote over other writing he is exempt. The Gemara asks: Who is the tanna whose opinion is cited in the mishna? Rav Ḥisda said: This halakha is not in accordance with the opinion of Rabbi Yehuda, as it was taught in a baraita: If one needed to write the Tetragrammaton, the name of God, in a Torah scroll, and became confused and intended instead to write the name Yehuda, and while intending to write Yehuda he erred and omitted the letter dalet, thereby writing the name of God, he should do the following. He passes a quill with more ink over the name and sanctifies it, i.e., he writes it with the intention required when writing a holy name. This is the statement of Rabbi Yehuda. And the Rabbis say: Even if he adds ink over what he wrote, this writing of God’s name is not ideal. Apparently, according to Rabbi Yehuda, writing over other writing is considered writing anew. A tanna taught in a baraita: If one wrote a single letter and thereby completed a book, or if one wove a single thread and thereby completed an entire garment, he is liable. The Gemara asks: Who is the tanna whose opinion is cited in the baraita? Rava bar Rav Huna said: It is the opinion of Rabbi Eliezer, who said: One who adds a single thread to a previously woven fabric is liable for weaving. Rav Ashi said: Even if you say that in accordance with the opinion of the Rabbis, one who does so to complete a garment is different. Even if he is not liable for weaving, he is liable at least for striking a blow with a hammer to complete the production process of a vessel. Rabbi Ami said: If one wrote one letter on paper in Tiberias and one letter on paper in Tzippori, he is liable because he performed a full-fledged act of writing that is lacking only in proximity. When the two pieces of paper are brought together he will have written two associated letters. The Gemara asks: Didn’t we learn in the mishna: If one wrote one letter on two walls of a house, or on two parts of a writing tablet that are not read together, he is exempt? All the more so that this is the halakha with regard to one who wrote in two different cities. The Gemara answers: There, in the case of the parts of a tablet, there is the lack of an additional act of cutting or tearing to facilitate bringing the letters together. However, here, in the case of two cities, even though they are distant from one another, there is no lack of an additional act to facilitate bringing them together. A tanna taught in the Tosefta: If one emended a single letter on Shabbat, he is liable. The Gemara wonders: Now, if one wrote a single letter on Shabbat he is exempt; is it possible that if one emends a single letter he is liable? Rav Sheshet said: With what are we dealing here? We are dealing with a case where one removed the roof of a ḥet and transformed it into two instances of the letter zayin, effectively writing two letters with a single correction. Rava said: It is not necessarily referring to that specific case. It could even be referring to a case where one removed the protrusion from the back of a dalet and transformed it into a reish, thereby emending the written text. One who did so is liable for performing the prohibited labor of striking a blow with a hammer to complete the production process of a vessel. A tanna taught: If one intended to write one letter on Shabbat and managed to write two letters, he is liable. The Gemara asks: Didn’t we learn in the mishna that one is exempt in that case? The Gemara answers: This is not difficult: That case where we learned that he is exempt is referring to a case where the letters require crowns. This is referring to a case where they do not require crowns, and he is liable. If the letters already had their requisite ornamentation and an individual separated them, it is as if he wrote two letters. We learned in the mishna If one wrote one letter as an abbreviation [notarikon] representing an entire word, Rabbi Yehoshua ben Beteira deems him liable to bring a sin-offering, and the Rabbis deem him exempt. Rabbi Yoḥanan said in the name of Rabbi Yosei ben Zimra: From where is it derived that the language of abbreviation is employed in the Torah? As it is stated: “Neither shall your name any more be called Abram, but your name shall be Abraham; for the father of a multitude of nations [av hamon goyim] have I made you” (Genesis 17:5). The verse itself contracts av hamon into Abraham [Avraham]. The words av hamon themselves are interpreted as an abbreviation: I have made you a father [av] for the nations, I have made you chosen [baḥur] among the nations, I have made you beloved [ḥaviv] among the nations, I have made you king [melekh] for the nations, I have made you distinguished [vatik] for the nations, I have made you trusted [ne’eman] for the nations. Rabbi Yoḥanan himself said that the word anokhi that begins the Ten Commandments is an abbreviation for: I myself wrote and gave [ana nafshi ketivat yehavit]. The Rabbis said it is an abbreviation for: A pleasant statement was written and given [amira ne’ima ketiva yehiva]. Some say the word anokhi can be interpreted backwards: It was written, it was given, its statements are faithful [yehiva ketiva ne’emanim amareha]. The school of Rabbi Natan said that there is another abbreviation in the Torah. In the verse: “And the angel of the Lord said to him: Why did you hit your donkey these three times? Behold I have come out as an adversary because your way is contrary [yarat] against me” (Numbers 22:32). Yarat is an abbreviation for: The donkey feared [yare’a], it saw [ra’ata], and it turned aside [nateta]. The school of Rabbi Yishmael taught: The word karmel in the verse: “And bread, and toasted grain flour, and toasted grain [karmel]” (Leviticus 23:14) means: A full kernel [kar maleh], i.e., the seed fills the stalk. Rav Aḥa bar Ya’akov said in King David’s words: “And behold, with you is Shimi ben Gera from Benjamin, of Bahurim, who cursed me with a grievous [nimretzet] curse on the day that I went to Mahanaim” (I Kings 2:8). The word nimretzet is an abbreviation for: He is an adulterer [noef], he is a Moabite [Moavi], he is a murderer [rotze’aḥ], he is an oppressor [tzorer], he is an abomination [to’eva]. Rav Naḥman bar Yitzḥak said that there is another abbreviation in the Bible: “And Judah said: What can we say to my master, what can we speak, and how can we justify [nitztadak]” (Genesis 44:16), which stands for: We are honest [nekhonim], we are righteous [tzaddikim], we are pure [tehorim], we are innocent [dakkim], we are holy [kedoshim]. MISHNA: With regard to one who writes two letters on Shabbat in two separate lapses of awareness separated by a period of awareness that the day was Shabbat, writing one letter in the morning and one letter in the afternoon, Rabban Gamliel deems him liable to bring a sin-offering like someone who has unintentionally performed a full-fledged prohibited labor, and the Rabbis deem him exempt. GEMARA: The Gemara asks: With regard to what do they disagree? Rabban Gamliel holds: There is no awareness for half a measure. One is not liable to bring a sacrifice for half a measure; therefore, the fact that he became aware between performance of the two halves of the prohibited labor is of no significance. His awareness does not demarcate between one act of writing a letter and the second act of writing a letter with regard to liability to bring a sin-offering. And the Rabbis hold: There is awareness for half a measure. If an individual became aware of his transgression between the two parts of the prohibited labor, each individual part is independent of the other, and the two halves of the prohibited labor do not join together to create liability. MISHNA: Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin-offering if he wove three threads at the beginning of something new, or if he adds one thread to a preexisting woven fabric. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. One who makes two meshes, i.e., ties the threads of the warp, attaching them to either the nirin or the keiros, which will be explained in the Gemara, in a winnow, sieve, or basket, is liable for making meshes. And one who sews is liable if he sews two stitches. And one who tears is liable if he tears enough fabric in order to sew two stitches to repair it. GEMARA: When Rabbi Yitzḥak came from Eretz Yisrael to Babylonia, he taught that Rabbi Eliezer said: Two threads is the measure that determines liability for beginning a weave. The Gemara asks: Didn’t we learn three in the mishna? The Gemara answers: This is not difficult, because this source is referring to thick threads and that source is referring to thin threads. Some say it this way, that one is liable when weaving two thick threads, and some say it that way, that one is liable when weaving two thin threads. The Gemara elaborates: Some say it this way: One who weaves thick threads, three threads will not unravel, but two will unravel. With regard to thin threads, two will also not unravel. And some say it this way: One who weaves thin threads, three threads are conspicuous, two are not conspicuous. With regard to thick threads, two are also conspicuous. It was taught in a baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable. And the Rabbis say: Both at the beginning and at the end, its measure for liability is two threads. And if one weaves a hem with a thread or color different from the original garment, he is liable for weaving two threads across a width of three meshes, i.e., three threads of the warp. Why is one liable in that case? To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes, the width of the belt. And when it is taught in the baraita: One who weaves three threads at the beginning or one thread onto a preexisting woven fabric is liable, that unattributed baraita is in accordance with the opinion of Rabbi Eliezer. It was taught in another baraita: One who weaves two threads onto a large fabric or onto the border of a fabric alongside the woof on Shabbat is liable. Rabbi Eliezer says: One is liable even if he weaves one thread. And along the edge of the warp, one who weaves two threads across a width of three meshes is liable. To what is this similar? It is similar to weaving a small belt in which one weaves two threads across a width of three meshes. The Gemara comments: When it was taught in the baraita: One who weaves two threads onto a large fabric or onto the border is liable, that unattributed baraita is in accordance with the opinion of the Rabbis. We learned in the mishna that one who makes two meshes, attaching them to either the nirin or the keiros, is liable. The Gemara asks: What is the meaning of to the nirin? Abaye said: One ties two to the meshes, the thread of the warp, and ties one to the crosspiece, the thread that extends from the weaving rod. We learned in the mishna that one is liable for attaching the meshes to the keiros, and the Gemara asks: What is a keiros? Rav said: It refers to the slips, the parts that go up and down on a stationary loom and are parallel to the pole. And we also learned in the mishna that one who sews on Shabbat is liable if he sews two stitches. The Gemara asks: We already learned that on the list of primary categories of prohibited labor: And one who sews two stitches is liable. The Gemara answers: Since the mishna wanted to teach in the latter clause: And one who tears in order to sew two stitches, it also taught the halakha of one who sews. And one who tears, did we not also learn this in the mishna enumerating the list of primary categories of prohibited labor? Since the mishna wanted to teach a new halakha in the latter clause, namely: One who tears in his anger or for his dead relative, therefore, it also taught the halakha of one who sews two stitches. With regard to what we learned in the mishna: And one who tears in order to sew two stitches, the Gemara asks: Where do you find that case where it is necessary to tear a garment in order to sew it?
והקורע על מנת לתפור שתי תפירות. היכי משכחת לה? דעבדה כי כיסתא.
מתני'. הקורע בחמתו, ועל מתו; וכל המקלקלין - פטורין. והמקלקל על מנת לתקן - שיעורו כמתקן. שיעור המלבן והמנפץ והצובע והטווה - כמלא רחב הסיט כפול והאורג שני חוטין - שיעורו כמלא הסיט.
גמ'. ורמינהו: הקורע בחמתו ובאבלו ועל מתו - חייב, ואף על פי שמחלל את השבת - יצא ידי קריעה!
...חמתו אחמתו קשיא! חמתו אחמתו נמי לא קשיא, הא - רבי יהודה, הא - רבי שמעון. הא רבי יהודה, דאמר מלאכה שאין צריכה לגופה - חייב עליה, הא רבי שמעון, דאמר מלאכה שאין צריכה לגופה פטור עליה. אימר דשמעת ליה לרבי יהודה במתקן, במקלקל מי שמעת ליה? אמר רבי אבין: האי נמי מתקן הוא, דקעביד נחת רוח ליצרו. וכהאי גוונא מי שרי? והתניא, רבי שמעון בן אלעזר אומר משום חילפא בר אגרא, שאמר משום רבי יוחנן בן נורי: המקרע בגדיו בחמתו, והמשבר כליו בחמתו, והמפזר מעותיו בחמתו - יהא בעיניך כעובד עבודה זרה; שכך אומנתו של יצר הרע, היום אומר לו עשה כך ולמחר אומר לו עשה כך. עד שאומר לו עבוד עבודה זרה והולך ועובד. אמר רבי אבין: מאי קראה - לא יהיה בך אל זר ולא תשתחוה לאל נכר, איזהו אל זר שיש בגופו של אדם - הוי אומר זה יצר הרע. - לא צריכא, דקא עביד למירמא אימתא אאינשי ביתיה.
The Gemara explains: It is found in a case where a pocketlike protrusion impedes sewing. Therefore, one tears the garment and tucks the protruding portion under the seam. MISHNA: One who rends his garment in his anger or in anguish over his dead relative is exempt. And anyone else who performs labors destructively on Shabbat is exempt. And one who performs a labor destructively in order to repair is liable, and his measure for liability is equivalent to the measure for one who performs that labor constructively. The measure that determines liability for one who whitens, or one who combs, or one who dyes, or one who spins wool is the full width of a double sit, which is the distance between the forefinger and the middle finger. And for one who weaves two threads, the measure that determines liability is one sit. GEMARA: We learned in the mishna: One who rends his garment in anger or in anguish over his dead relative is exempt. The Gemara raises a contradiction to this based on a baraita: One who rends his garment in his anger or in his mourning or in his anguish over his dead relative is liable for performing a prohibited labor on Shabbat. And even though he desecrates Shabbat by tearing his garment, he nevertheless fulfilled his obligation of rending his garment in mourning. Apparently, one is liable for rending his garment in anguish over the dead. The Gemara answers: This is not difficult, as this mishna, which states one is liable for rending his garment, is referring to his own dead relative for whom he is obligated to tear his garment. And that mishna, which states one is exempt for rending his garment, is referring to any unrelated dead person. The Gemara asks: Didn’t we learn in the mishna: Over his dead relative? The Gemara answers: Actually, the mishna, which says that he is exempt, is referring to his own dead; however, it is referring to those relatives who are not subject to the obligation of mourning by Torah law. The Gemara asks: And even so, if the dead person is a Torah scholar, one is obligated to rend one’s garment in anguish over his death, as it was taught in a baraita: When a Torah scholar dies, everyone is his relative. The Gemara asks: Does it enter your mind that everyone is his relative? Rather, say: Everyone is considered to be like his relative, in the sense that everyone rends his garment in anguish over him, and everyone bares his shoulder over him in mourning, and everyone eats the mourner’s meal over him in the public square as mourners do. The death of a Torah scholar is a personal loss for every Jew. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where the dead person is not a Torah scholar. The Gemara asks: And if he was an upright person, aren’t all those present at his death obligated to rend their garments over his death? As it was taught in a baraita: Why do a person’s sons and daughters die when they are young? They die so that he will cry and mourn over the death of an upright worthy person. The Gemara asks: They die so that he will cry? Is security taken from him in advance to ensure that he fulfills his obligation? Rather, emend the statement and say: It is because he did not cry or mourn over an upright person who died, as anyone who cries over an upright person who died, they forgive him for all his transgressions because of the honor he accorded to the deceased. Nevertheless, it is difficult, as one is required to rend his clothing over the death of an upright person. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where the deceased was not an upright person. The Gemara asks: And if one is standing close to the deceased when the soul leaves the body, he is obligated to rend his garment, as it was taught in a baraita: Rabbi Shimon ben Elazar says: One who is standing over the deceased at the time of the departure of the soul is obligated to rend his garment. To what is this similar? It is similar to a Torah scroll that was burned. The Gemara answers: It was only necessary for the mishna to teach this halakha in a case where he is not standing there at the time of the departure of the soul. The Gemara asks further: This works out well in terms of resolving the contradiction with regard to his dead relative. However, the contradiction between the ruling in the mishna that one who rends his garment in his anger is not liable, and the ruling in the baraita that one who rends his garment in his anger is liable, is still difficult. The mishna exempts one who rends garments in anger, while the baraita deems him liable. The Gemara answers: The contradiction between his anger in the mishna and his anger in the baraita is also not difficult, as this ruling in the baraita that deems him liable is in accordance with the opinion of Rabbi Yehuda, and that ruling in the mishna that exempts him is in accordance with the opinion of Rabbi Shimon. The Gemara elaborates: This ruling in the baraita follows Rabbi Yehuda, who said that one who performs a prohibited labor on Shabbat that is not needed for its own sake is liable for performing it. Therefore, one who rends his garment in anger is liable. That ruling in the mishna which exempts him is in accordance with the opinion of Rabbi Shimon, who said that one who performs a labor that is not needed for its own sake is exempt for performing it. The Gemara asks: Say that you heard that Rabbi Yehuda rules that one is liable for performing a labor not needed for its own sake in the case of a constructive act; did you hear him deem one liable in the case of a destructive act? Rabbi Avin said: This case, where one rends his garment in anger, is also constructive, because in doing so he assuages his anger. Rending his garment calms him; therefore, it can be said that he derives benefit from the act of rending, and it is consequently a constructive act. The Gemara asks: And is it at all permitted to tear in that manner? Wasn’t it taught in a baraita that Rabbi Shimon ben Elazar says in the name of Ḥilfa bar Agra, who said in the name of Rabbi Yoḥanan ben Nuri: One who rends his garments in his anger, or who breaks his vessels in his anger, or who scatters his money in his anger, should be like an idol worshipper in your eyes, as that is the craft of the evil inclination. Today it tells him do this, and tomorrow it tells him do that, until eventually, when he no longer controls himself, it tells him worship idols and he goes and worships idols. Rabbi Avin said: What verse alludes to this? “There shall not be a strange god within you, and you shall not bow to a foreign god” (Psalms 81:10). What is the strange god that is within a person’s body? Say that it is the evil inclination. One may not rend his garments in anger, because in doing so he is deriving pleasure from satisfying the evil inclination. The Gemara answers: It is only necessary to discuss this in a case where one does so to instill fear in the members of his household. In order to show them that he is very angry, he tears and breaks objects even though he is not that angry. In that case he maintains control of himself and is not in danger of succumbing to the evil inclination. It is like the incident where Rav Yehuda sought to display his anger and he pulled threads off his garment. Rav Aḥa bar Ya’akov smashed broken vessels, Rav Sheshet threw small fish on his maidservant’s head, and Rabbi Abba broke the lid of a jug. All of these Sages caused minimal damage in creating the impression that they were angry. Apropos the laws of mourning for an upright person and a Torah scholar, the Gemara cites that which Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of Bar Kappara: Anyone who sheds tears over an upright person, the Holy One, Blessed be He, counts his tears and places them in His treasury, as it is stated: “You have counted my wanderings, put my tears into your bottle, are they not in your book?” (Psalms 56:9). Rav Yehuda said that Rav said: Anyone who is lazy in eulogizing a Torah scholar, it is fitting to bury him alive, as it is stated: “And they buried him in the border of his inheritance in Timnat-seraḥ, which is in the hill-country of Ephraim, on the north of the mountain of Ga’ash” (Joshua 24:30). This teaches that the mountain raged against them to kill them because they did not eulogize him appropriately. Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: Whoever is lazy in eulogizing a Sage does not live a long life, and his punishment is measure for measure. Since he was unconcerned with the death of the Sage, in the heavens they will be unconcerned with his death. The Holy One, Blessed be He, conducts Himself in this manner, as it is stated: “In full measure [besase’a], when You send her away You contend with her” (Isaiah 27:8), and the Sages derived that God punishes from the words: “You contend with her,” and He does so measure for measure, se’a for se’a, from the word sase’a in the verse above. Rabbi Ḥiyya bar Abba raised an objection to Rabbi Yoḥanan: It is stated: “And the nation worshipped the Lord all the days of Joshua and all the days of the Elders, who lived many days after Joshua” (Judges 2:7), indicating that the Elders lived long lives even though they did not eulogize Joshua properly. Rabbi Yoḥanan said to him: Babylonian, you should be more precise in your reading. They indeed lived many days; however, they did not live many years. In fact, they did not live to the end of that year. Again he asked: But then with regard to the verse “So that your days and the days of your children will multiply on the land which the Lord your God swore to give to your fathers, as the days of the heavens over the earth” (Deuteronomy 11:21), would you also say that here the reward is to live many days but not years? He answered him: A blessing is different and should be interpreted in its most expansive sense. And Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: If one of the brothers dies,
נראה דבטעם דבאינו על מנת לתפור פטור משום דהוי מקלקל, אבל היכא דהוי תיקון חייב אף באינו על מנת לתפור, וראיה לזה... הקורע על מתו... אולם מדברי הב"י סי' שיז... דכל שאינו על מנת לתפור ממש אף במקום תיקון אינו חייב... הרי מפורש דס"ל דבעצמותו ליכא מלאכה בקריעה אלא בצריך לתפור.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: למי התכלית היא רק כדי שהמעשה לא יוגדר מקלקל ולמי התכנון והתכלית הם העיקר?)
כתב הפר"ח ביור"ד סי' קיח אות חי... אבל לחתום בנייר ולקרוע בשבת אסור דמקלקל על מנת לתקן חייב מן התורה... ובשו"ת חכם צבי סי' לט כתב דנהפוך הוא... ונייר מותר לומר לעכו"ם לקרוע.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?

מלאכות עור

צד
אתר ויקיפדיה, ערך 'מלאכת צד':
מלאכת צד אינה הריגה כפי שאפשר להבין מהשימוש המקובל בעברית המודרנית, אלא עצם לכידת בעל חיים. ציד היא פעולה המכניסה את בעל החי למצב שאינו יכול להמלט... כל פעולה שיש בה משום ציד גם בעקיפין כמו גם הכאת בעל חי ופציעתו באופן שאינו יכול להמלט מפאת חולשתו נחשבת כצידה.
הצד צבי וכו'. תנו רבנן: הצד חלזון והפוצעו - אינו חייב אלא אחת, רבי יהודה אומר: חייב שתים. שהיה רבי יהודה אומר: פציעה - בכלל דישה. אמרו לו: אין פציעה בכלל דישה. אמר רבא: מאי טעמא דרבנן - קסברי: אין דישה אלא לגדולי קרקע. וליחייב נמי משום נטילת נשמה! אמר רבי יוחנן: שפצעו מת. רבא אמר: אפילו תימא שפצעו חי, מתעסק הוא אצל נטילת נשמה. והא אביי ורבא דאמרי תרווייהו: מודה רבי שמעון בפסיק רישא ולא ימות! - שאני הכא, דכמה דאית ביה נשמה - טפי ניחא ליה, כי היכי דליציל ציבעיה.
As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life.
שמנה שרצים האמורים בתורה, הצדן והחובל בהן - חייב. ושאר שקצים ורמשים, החובל בהן - פטור, הצדן לצורך - חייב, שלא לצורך - פטור. חיה ועוף שברשותו, הצדן - פטור, והחובל בהן - חייב.
GEMARA: Rabbi Abba said that Rav Ḥiyya bar Ashi said that Rav said: If a bird flew under the flaps of one’s clothing on Shabbat and cannot get out, he may sit and secure it until dark and then take it. Rav Naḥman bar Yitzḥak raised an objection based on that which we learned in the mishna: If the first person sat in the doorway and filled it, and a second person came and sat next to him, the first person is liable and the second is exempt, even if the first person stood and went. What, does this not mean here, as it does throughout tractate Shabbat, that he is exempt after the fact, but it is prohibited to do so ab initio? How then could Rav say one may sit and secure the bird ab initio? The Gemara rejects this: No, the statement in the mishna means that he is exempt and it is permitted ab initio. The Gemara adds: So too, it is reasonable to explain the mishna that way from the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it, and it turns out a deer that was trapped before Shabbat is also secured inside it. By inference, he is exempt and it is permitted, just like one who locks the door to his house. The Gemara concludes: Indeed, learn from it that it is so. Some say a slightly different version. Rav Naḥman bar Yitzḥak said: We too learned support for Rav’s statement in the mishna: Even if the first person stood and went, the first person is liable and the second is exempt. What, does this not mean that he is exempt, and it is permitted? The Gemara rejects this: No, he is exempt and it is prohibited. Rav Naḥman said: That is impossible, from the fact that it is taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside it. By inference, he is exempt and it is permitted, just like one who locks the door to his house. The Gemara concludes: Indeed, learn from it that it is so. With regard to this issue Shmuel said: With regard to all exempt rulings in the halakhot of Shabbat, although one who performs the action is exempt by Torah law, his action is prohibited by rabbinic law, with the exception of these three for which he is exempt and it is permitted to perform the action.
One is this case of the deer. And from what source do we conclude that one is exempt and it is permitted? From the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside.
And another example where he is exempt and it is permitted is: One who drains an abscess containing pus on Shabbat, if he did so to create a permanent opening in it, he is liable. However, if he did so to drain fluid from it, he is exempt. And from what source do we conclude that one is exempt and it is permitted? As we learned in a mishna: A hand needle used for sewing clothes may be moved on Shabbat to remove a thorn. Apparently, removing a thorn on Shabbat is permitted ab initio to the extent that one is even permitted to move a needle for that purpose.
And another case is: One who traps a snake on Shabbat, if he deals with it so that it will not bite him and in doing so traps it, he is exempt. However, if he traps it for medicinal purposes, he is liable. And from what source do we conclude that one is exempt and it is permitted? As we learned in a mishna: One may overturn a bowl on top of a lamp ab initio on Shabbat so that the fire will not take hold in the ceiling beam; and similarly, one may overturn a bowl on top of a child’s feces so that he will not touch it and dirty himself, and on top of a scorpion so it will not bite, and the ruling is the same with regard to a snake. MISHNA: With regard to any of the eight creeping animals mentioned in the Torah, one who traps them or wounds them on Shabbat is liable. The Torah states: “The following shall be impure for you among the creeping animals that swarm upon the earth: The weasel, and the mouse, and the dab lizard of every variety; and the gecko, and the land-crocodile, and the lizard, and the skink, and the chameleon” (Leviticus 11:29–30). With regard to other abominations and crawling things, one who wounds them is exempt. One who traps them for a specific need is liable; one who traps them for no specific need is exempt. With regard to animals or birds that are in his possession, i.e., an animal that is domesticated and under someone’s control, one who traps them is exempt; and, however, one who wounds them is liable. GEMARA: The Gemara asks: From the fact that it is taught in the mishna: One who wounds them is liable, by inference they have skins. One is liable for inflicting a wound only when there is skin covering the flesh and the blood pools beneath it. Who is the tanna who teaches this? Shmuel said: It is Rabbi Yoḥanan ben Nuri, as we learned in a mishna that Rabbi Yoḥanan ben Nuri says: The eight creeping animals that are listed in the Torah have skins. Their flesh transmits impurity, but their skin does not transmit impurity. The Rabbis say that both the skin and the flesh of some creeping animals transmit impurity. Rabba bar Rav Huna said that Rav said: Even if you say that the mishna is in accordance with the opinion of the Rabbis, the Rabbis disagree with Rabbi Yoḥanan ben Nuri only with regard to the matter of impurity, as it is written after the Torah lists the creeping animals: “Those are for you the impure among the creeping animals, whoever touches them when they are dead shall become impure until evening” (Leviticus 11:31). The Rabbis derive from the extraneous term: “Those are for you the impure,” to include the fact that the skins of the creatures in the second verse transmit impurity just as their flesh does. However, with regard to the halakhot of Shabbat, even the Rabbis concede that their skin is distinct from their flesh. The Gemara asks: And, with regard to Shabbat, they do not disagree? Wasn’t the following taught in a baraita? One who traps one of the eight creeping animals mentioned in the Torah or one who wounds them is liable; this is the statement of Rabbi Yoḥanan ben Nuri. And the Rabbis say: The term skin is utilized only
שלא לצורך פטור - דאין במינו ניצוד והויא מלאכה שאינה צריכה לגופה ור' שמעון היא כדמוקי לה בגמרא.
שלא לצורך פטור - פירש רש"י דאין במינו ניצוד ואינו נראה דהא מאן דפטר אין במינו ניצוד פוטר אפילו לצורך אלא יש לפרש דאפילו במינו ניצוד פטור משום דהויא מלאכה שאינה צריכה לגופה ור"ת מחקו מן הפירושים.
תוספות רי"ד שם קז ע"ב ד"ה 'מאן תנא':
כיון שדרך העולם לצודן אף על פי שהוא א"צ להן מלאכה היא חשובה וחייב ואיזו תקרי מלאכה שא"צ לגופה כגון הוצאת המת שלא היא צריך לו ולא כל העולם צריכין לו שאין צורך לעולם במת אבל אם הוציא בגרוגרת אוכלין אף על פי שלא היה צריך להם חייב הוא כיון דחשיבי לעלמא והה"נ בצידה היכא דצד דבר שבמינו ניצוד וחשיב לעלמא אף על פי שהוא א"צ לו חייב דמלאכה חשובה הויא ולא מיפטר אלא כשצד דבר שאין במינו ניצוד וגם הוא אינו צריך לו.
חידושי ר"ש שקופ, כתובות סימן ו:
דצידה עיקר המלאכה היא המעשה לצוד ולא עצם ההכנסה לרשותו את דבר הניצד ומשו"ה אם עיקר כוונתו לשמור את ביתו בכלל אין שם מלאכת צידה בנעילת ביתו ומשו"ה אינו מחויב להסיר התועלת של הצבי הניצוד... שונה משאר מלאכות דלא שייך בזה פסיק רישא.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: למי חשוב התכנון והכוונה ולמי חשוב המעשה הפיזי בחיה?)
ביאור הלכה שטז, ב ד"ה 'או חולה':
ודע דנסתפקתי לרש"י דס"ל בהדיא דעייפות כזה חשיב כניצוד וע"כ פטור הצודהו אח"כ איך הדין אם רדף אחר איזה חיה ועוף כדי לצודו עד שעשהו עיף שאינו יכול לזוז ממקומו, או שהכהו באיזה דבר עד שנעשה חיגר, אם חייב עבור זה גם משום צידה אף שלא תפסו בידו, או אפשר אין דרך צידה בכך דדרך צידה לטלה אחר שצדה או להכניסה למקום משומר.
איך אפשר להסביר את ההתלבטות?
(רמז: יש כאן פעולה אחרת לאותה כוונה.)
שוחט
והשוחטו. שוחט משום מאי חייב? רב אמר: משום צובע, ושמואל אמר: משום נטילת נשמה. משום צובע אין, משום נטילת נשמה לא? אימא: אף משום צובע. אמר רב: מילתא דאמרי - אימא בה מילתא, דלא ליתו דרי בתראי וליחכו עלי. צובע במאי ניחא ליה - ניחא דליתווס בית השחיטה דמא, כי היכי דליחזוה אינשי וליתו ליזבנו מיניה.
As, when a curtain had a worm which made a tear in it, they would tear the curtain further to lengthen the tear, and that enabled them to then sew it in a manner that obscured the tear. Rav Zutra bar Toviya said that Rav said: One who tightens the thread of a stitch on Shabbat is liable to bring a sin-offering. If two parts of a garment that were sewn together begin to separate, and one pulls the thread to reattach them, it is tantamount to having sewn them. The Gemara cites additional halakhot cited by Rav Zutra in the name of Rav. And one who learns even one matter from a magosh, a Persian priest, is liable to receive the death penalty. And one who knows how to calculate astronomical seasons and the movement of constellations, and does not do so, one may not speak with him because his actions are improper. The Gemara proceeds to discuss the additional halakhot cited by Rav Zutra bar Toviya. With regard to the magosh, Rav and Shmuel disagreed. One said that they are sorcerers, while the other said they are heretics. The Gemara adds: Conclude that Rav is the one who said that they are heretics, as Rav Zutra bar Toviya said that Rav said: One who learns one matter from the magosh is liable to receive the death penalty. As, if it should enter your mind that they are sorcerers, wasn’t it written: “When you come into the land which the Lord your God gives you, you shall not learn to do after the abominations of those nations. There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer” (Deuteronomy 18:9–10)? And the Sages inferred: You shall not learn to do, but you may learn to understand and to teach the topic of sorcery. Apparently, merely learning about sorcery does not violate a prohibition. Only acting upon that learning is prohibited. Rav, who prohibited learning even a single matter from a magosh, must hold that they are heretics, not merely sorcerers. The Gemara states: Indeed, conclude that Rav is the one who said that they are heretics. Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Anyone who knows how to calculate astronomical seasons and the movement of constellations and does not do so, the verse says about him: “They do not take notice of the work of God, and they do not see His handiwork” (Isaiah 5:12). And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that there is a mitzva incumbent upon a person to calculate astronomical seasons and the movement of constellations? As it was stated: “And you shall guard and perform, for it is your wisdom and understanding in the eyes of the nations” (Deuteronomy 4:6). What wisdom and understanding is there in the Torah that is in the eyes of the nations, i.e., appreciated and recognized by all? You must say: This is the calculation of astronomical seasons and the movement of constellations, as the calculation of experts is witnessed by all. We learned in the mishna, among those liable for performing primary categories of labor: One who traps a deer or any other living creature. The Sages taught in a Tosefta: One who traps a ḥilazon and breaks its shell to remove its blood for the dye is liable to bring only one sin-offering. He is not liable for breaking the shell. Rabbi Yehuda says: He is liable to bring two, for performing the prohibited labors of trapping and for threshing, as Rabbi Yehuda would say: The breaking of a ḥilazon is included in the primary category of threshing, as its objective is to extract the matter that he desires from the shell that he does not. The Rabbis said to him: Breaking the shell is not included in the primary category of threshing. Rava said: What is the rationale for the opinion of the Rabbis? They hold: Threshing applies only to produce that grows from the ground. One who extracts other materials from their covering is exempt. The Gemara asks: Even if extracting blood is not considered threshing, let him be liable for taking a life as well. Rabbi Yoḥanan said: This is referring to a case where he broke its shell after it was dead. Rava said: Even if you say that he broke it when it was alive, he is exempt. Since he had no intention of killing the ḥilazon, he is considered as one who is acting unawares with regard to taking a life. The Gemara raises a difficulty: Didn’t Abaye and Rava both say that Rabbi Shimon, who rules that an unintentional act is permitted, agrees that in a case of: Cut off its head and will it not die, one is liable? One who performs an action that will inevitably result in a prohibited labor cannot claim that he did not intend for his action to lead to that result. Lack of intention is only a valid claim when the result is merely possible, not inevitable. Since one who extracts blood from a ḥilazon inevitably takes its life, how can Rava claim that his action is unintentional? The Gemara answers: Here it is different, as the longer the ḥilazon lives, the better it is for the trapper, so that its dye will become clear. Dye extracted from a live ḥilazon is a higher quality than that which is extracted from a dead one. Rabbi Shimon agrees that one who performs an action with inevitable consequences is liable only in a case where the consequences are not contrary to his interests. Since he prefers that the ḥilazon remain alive as long as possible, he is not liable for the inevitable consequences. We learned in the mishna, among those liable for performing primary categories of labor: And one who slaughters an animal on Shabbat. The Gemara asks: As there was no slaughter necessary for construction of the Tabernacle, one who slaughters an animal, due to what prohibited labor is he liable? Rav said: He is liable due to dyeing, as in the course of the slaughter the hide is dyed with blood. And Shmuel said: He is liable due to taking a life. The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
השוחט חייב. ולא שוחט בלבד, אלא כל הנוטל נשמה לאחד מכל מיני חיה ובהמה ועוף ודג ושרץ, בין בשחיטה בין בנחירה או בהכאה, חייב. החונק את החי עד שימות הרי זה תולדת שוחט, לפיכך אם העלה דג מספל של מים והניחו עד שמת חייב משום חונק. ולא עד שימות, אלא כיון שיבש בו כסלע בין סנפיריו חייב, שעוד אינו יכול לחיות. הושיט ידו למעי הבהמה ודלדל עובר שבמעיה חייב.
A person who slaughters is liable. This does not apply only to [ritual] slaughter. Anyone who takes the life of a living beast, an animal, fowl, fish, or crawling animal - whether by slaughtering, stabbing, or beating1In all three of these activities, the animal dies because of bleeding. For this reason, although beating may cause the animal to die because of internal bleeding, it is included in the same category. - is liable.
A person who strangles a living creature performs a derivative of slaughtering.2Since no blood is shed, this is considered a derivative and not a מלאכה מעין. Therefore, if one removed a fish from the glass of water [in which it was being kept] until it died, one is liable for strangling it. [Indeed, one is liable even if one returns it to the water before] the fish actually dies. As long as [a portion of its body as wide as] a sela3A coin of the Talmudic period. Based on Yoreh De'ah 30, it appears that a sela is approximately 2.6 or 3.2 cm in diameter according to the different opinions. between its fins becomes dry, one is liable, for it will not be able to live afterwards.
A person who inserts his hand into an animal's womb and removes a fetus [from] the womb is liable.4Based on Avodah Zarah 26a, the Eglei Tal quotes opinions which state that if a person performs such an act, he is liable for reaping - i.e., removing an entity from its source of nurture. The difference between these two rationales is that when an animal is prepared to give birth, the concept of reaping no longer applies, for the fetus no longer needs its mother's nurture.
מרכבת המשנה שם ד"ה 'החונק':
נ"ל הטעם דנוחר ומעקר הוו אבות כמו שוחט היכא דאיכא נטילת נשמה ממש שהוא רביעית דם שהנפש יוצאת בו משא"כ בחונק שאינו מוציא את הדם הוא הנפש אלא נטילת נשמה רוחנית חשיב תולדה.
חידושי ר"ש שקופ, כתובות סימן ז:
ולפ"ז דשייך לומר דבנטילת נשמה עיקר המלאכה בשניהם היינו בין בדם הניטל ובין הדבר שניטל ממנו הדם דנטילת נשמה היא הפרדת כח החיוני וכל הפרדה נעשית המלאכה בשני דברים אשר היו מחוברים ונתפרדו.
איך אפשר להסביר את המחלוקת לגבי מלאכת שוחט?
(רמז: האם האב הוא מעשה הריגה עם דם, או כל שמביא לתוצאת הפרדת הנפש מהגוף?)
הלכות שבת בשבת ג, נא סעיפים ג–ד:
הוציאו מהמים סמוך לחשיכה אף אם הוציאו בשבת... ומיתתו במוצ"ש... וכן השוחט אע"פ שמפרכס בשבת ומת במוצ"ש חייב.
הסבר את דבריו על פי הכיוונים דלעיל.
חובל
שמנה שרצים האמורים בתורה, הצדן והחובל בהן - חייב. ושאר שקצים ורמשים, החובל בהן - פטור, הצדן לצורך - חייב, שלא לצורך - פטור. חיה ועוף שברשותו, הצדן - פטור, והחובל בהן - חייב.
GEMARA: Rabbi Abba said that Rav Ḥiyya bar Ashi said that Rav said: If a bird flew under the flaps of one’s clothing on Shabbat and cannot get out, he may sit and secure it until dark and then take it. Rav Naḥman bar Yitzḥak raised an objection based on that which we learned in the mishna: If the first person sat in the doorway and filled it, and a second person came and sat next to him, the first person is liable and the second is exempt, even if the first person stood and went. What, does this not mean here, as it does throughout tractate Shabbat, that he is exempt after the fact, but it is prohibited to do so ab initio? How then could Rav say one may sit and secure the bird ab initio? The Gemara rejects this: No, the statement in the mishna means that he is exempt and it is permitted ab initio. The Gemara adds: So too, it is reasonable to explain the mishna that way from the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it, and it turns out a deer that was trapped before Shabbat is also secured inside it. By inference, he is exempt and it is permitted, just like one who locks the door to his house. The Gemara concludes: Indeed, learn from it that it is so. Some say a slightly different version. Rav Naḥman bar Yitzḥak said: We too learned support for Rav’s statement in the mishna: Even if the first person stood and went, the first person is liable and the second is exempt. What, does this not mean that he is exempt, and it is permitted? The Gemara rejects this: No, he is exempt and it is prohibited. Rav Naḥman said: That is impossible, from the fact that it is taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside it. By inference, he is exempt and it is permitted, just like one who locks the door to his house. The Gemara concludes: Indeed, learn from it that it is so. With regard to this issue Shmuel said: With regard to all exempt rulings in the halakhot of Shabbat, although one who performs the action is exempt by Torah law, his action is prohibited by rabbinic law, with the exception of these three for which he is exempt and it is permitted to perform the action.
One is this case of the deer. And from what source do we conclude that one is exempt and it is permitted? From the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside.
And another example where he is exempt and it is permitted is: One who drains an abscess containing pus on Shabbat, if he did so to create a permanent opening in it, he is liable. However, if he did so to drain fluid from it, he is exempt. And from what source do we conclude that one is exempt and it is permitted? As we learned in a mishna: A hand needle used for sewing clothes may be moved on Shabbat to remove a thorn. Apparently, removing a thorn on Shabbat is permitted ab initio to the extent that one is even permitted to move a needle for that purpose.
And another case is: One who traps a snake on Shabbat, if he deals with it so that it will not bite him and in doing so traps it, he is exempt. However, if he traps it for medicinal purposes, he is liable. And from what source do we conclude that one is exempt and it is permitted? As we learned in a mishna: One may overturn a bowl on top of a lamp ab initio on Shabbat so that the fire will not take hold in the ceiling beam; and similarly, one may overturn a bowl on top of a child’s feces so that he will not touch it and dirty himself, and on top of a scorpion so it will not bite, and the ruling is the same with regard to a snake. MISHNA: With regard to any of the eight creeping animals mentioned in the Torah, one who traps them or wounds them on Shabbat is liable. The Torah states: “The following shall be impure for you among the creeping animals that swarm upon the earth: The weasel, and the mouse, and the dab lizard of every variety; and the gecko, and the land-crocodile, and the lizard, and the skink, and the chameleon” (Leviticus 11:29–30). With regard to other abominations and crawling things, one who wounds them is exempt. One who traps them for a specific need is liable; one who traps them for no specific need is exempt. With regard to animals or birds that are in his possession, i.e., an animal that is domesticated and under someone’s control, one who traps them is exempt; and, however, one who wounds them is liable. GEMARA: The Gemara asks: From the fact that it is taught in the mishna: One who wounds them is liable, by inference they have skins. One is liable for inflicting a wound only when there is skin covering the flesh and the blood pools beneath it. Who is the tanna who teaches this? Shmuel said: It is Rabbi Yoḥanan ben Nuri, as we learned in a mishna that Rabbi Yoḥanan ben Nuri says: The eight creeping animals that are listed in the Torah have skins. Their flesh transmits impurity, but their skin does not transmit impurity. The Rabbis say that both the skin and the flesh of some creeping animals transmit impurity. Rabba bar Rav Huna said that Rav said: Even if you say that the mishna is in accordance with the opinion of the Rabbis, the Rabbis disagree with Rabbi Yoḥanan ben Nuri only with regard to the matter of impurity, as it is written after the Torah lists the creeping animals: “Those are for you the impure among the creeping animals, whoever touches them when they are dead shall become impure until evening” (Leviticus 11:31). The Rabbis derive from the extraneous term: “Those are for you the impure,” to include the fact that the skins of the creatures in the second verse transmit impurity just as their flesh does. However, with regard to the halakhot of Shabbat, even the Rabbis concede that their skin is distinct from their flesh. The Gemara asks: And, with regard to Shabbat, they do not disagree? Wasn’t the following taught in a baraita? One who traps one of the eight creeping animals mentioned in the Torah or one who wounds them is liable; this is the statement of Rabbi Yoḥanan ben Nuri. And the Rabbis say: The term skin is utilized only
והחובל בהן חייב - דיש להן עור.
לכאורה זהו איסור מקביל לשוחט.
וכל המקלקלין פטורין. תני רבי אבהו קמיה דרבי יוחנן: כל המקלקלין פטורין, חוץ מחובל ומבעיר. אמר ליה: פוק תני לברא, חובל ומבעיר אינה משנה. ואם תמצא לומר משנה, חובל - בצריך לכלבו, מבעיר - בצריך לאפרו. והאנן תנן כל המקלקלין פטורין! מתניתין - רבי יהודה, ברייתא - רבי שמעון. מאי טעמא דרבי שמעון - מדאיצטריך קרא למישרא מילה, הא חובל בעלמא – חייב.
all of the brothers should be concerned, lest their death be approaching. Similarly, if one member of a group dies, the entire group should be concerned. Some say the concern is greatest if the eldest dies. If he, despite his virtues, could not avoid punishment, others will certainly not be saved. And some say the concern is greatest if the youngest dies, because the least significant people are punished first, and perhaps this is the start of a punishment for the entire group. We learned in the mishna: And anyone who performs labors destructively on Shabbat is exempt. Rabbi Abbahu taught this baraita before Rabbi Yoḥanan: Anyone who performs labors destructively on Shabbat is exempt, except for one who inflicts a wound or kindles a fire. Rabbi Yoḥanan said to him: Go teach that outside. This baraita is not fit for discussion in the study hall. The opinion that deems one liable for inflicting a wound or kindling a fire on Shabbat is not an accepted teaching and should be ignored. And if you want to say that it is a legitimate teaching, one who inflicts a wound would only be liable in a case where he needed the blood to give to his dog, and one who kindles a fire would only be liable in a case where he needs its ashes. The Gemara asks: How could Rabbi Abbahu teach this baraita? Didn’t we learn explicitly in the mishna: Anyone who performs labors destructively on Shabbat is exempt, including one who inflicts a wound or who kindles a fire? The Gemara answers: In his opinion, the mishna is in accordance with the opinion of Rabbi Yehuda, who deems one liable for performing labor which is not needed for its own sake, whereas the baraita is in accordance with the opinion of Rabbi Shimon, who exempts in that case. The Gemara explains: What is the reason that Rabbi Shimon deems one who inflicts a wound or kindles a fire on Shabbat liable even though these are destructive acts? From the fact that a verse was necessary to permit circumcision on Shabbat, by inference, in general, one who inflicts a wound is liable. If inflicting a wound was not prohibited on Shabbat, there would be no need to permit circumcision. Similarly, from the fact that the Torah prohibited kindling a fire on Shabbat even with regard to the execution by burning of a priest’s daughter who committed adultery, conclude from it that in general, one who ignites a fire on Shabbat is liable. The Gemara asks: And how does Rabbi Yehuda address this proof? The Gemara answers: There, that is a case of a constructive labor in accordance with the explanation of Rav Ashi. For Rav Ashi said: What difference is there to me between repairing the child through circumcision and repairing a vessel? They are both constructive acts. And what difference is there to me between cooking a lead wick, as a melted lead wick was poured down the throat of the criminal sentenced to execution by burning, and cooking herbs used to produce dyes in the Tabernacle? The Torah addressed these cases specifically because they are constructive, and nothing can be derived from them with regard to liability for performance of destructive labors. We learned in the mishna: The measure that determines liability for one who whitens and for similar prohibited labors is the full width of a double sit. Rav Yosef would demonstrate the width of a double sit by indicating the distance between the index and middle fingers and instructing the onlookers to double the measure. Rabbi Ḥiyya bar Ami would demonstrate in a simple manner, as he calculated that the distance between the thumb and the forefinger is equal to a double sit. MISHNA: Rabbi Yehuda says: One who traps a bird into a closet or cage, and one who traps a deer into a house is liable. The Rabbis say: One is liable for trapping a bird into a closet
מתניתין ר' יהודה - דאית ליה מקלקל בחבורה פטור, ולא איתפרש היכא, ולי נראה: מתניתין ר' יהודה היא, דאמר מלאכה שאינה צריכה לגופה חייב עליה, הלכך חיובא דחובל בצריך לכלבו, ומבעיר בצריך לאפרו משכחת לה, דאף על פי דמקלקל הוא אצל מלאכה עצמה - מתקן הוא אצל אחרים, ולר' יהודה כי האי גוונא מלאכה הוא, משום תקון אחרים, אבל מקלקל ואינו מתקן - פטור, ואף על גב דרישא דמתניתין אוקימנא כר' שמעון, דקתני קורע על מתו פטור - סיפא ר' יהודה.
וברייתא ר' שמעון היא - דאמר מלאכה שאינה צריכה לגופה פטור עליה, הלכך אין לך חובל ומבעיר שאין מקלקל, ואפילו מבעיר עצים לקדרתו מקלקל הוא אצל עצים, ומה שהוא מתקן אצל אחרים - לר' שמעון לא חשיב, דהא מלאכה שאינה צריכה לגופה היא, אלא משום דמקלקל בחבלה ובהבערה חייב, כדיליף לקמיה.
איך אפשר להסביר את מחלוקת רבי יהודה ורבי שמעון על פי הכיוונים דלעיל?
(רמז: לפי ר"ש אנחנו מסתכלים על הפעולה, המוגדרת מקלקל בלי קשר למשמעות שניצוק לתוכה. לעומתו, ר"י סובר שחובל לא הוי מקלקל, והדבר תלוי מה כוונתו – כוונת נטילת נשמה היא קלקול, אך תיתכן כוונה אחרת המגדירה את הפעולה כתיקון.)
שו"ת אבני נזר או"ח סימן קצח, ח–ט:
ונראה שדעת בעל המאור שתרי גווני חובל... האחד שנוטל מקצת בשר מהחי חייב משום דמה לי קטלה כולה מה לי קטלה פלגא... השני שלא חתך בשר רק הוציא דם דבזה לא שייך טעם הראשון. רק כמו שכתבו התוס' משום שהדם הוא הנפש חשיב נטילת נשמה... מירושלמי דחבורה חייב אפילו שלא לצורך ושחיטה אינו חייב זולת לצורך... רק כשחתך בשר מבהמה
איך אפשר להסביר את החילוק על פי הכיוונים דלעיל ועל פי מחלוקת רבי יהודה ורבי שמעון?
מפשיט
תנו רבנן: ארבעה עשר שחל להיות בשבת מפשיטין את הפסח עד החזה, דברי רבי ישמעאל בנו של רבי יוחנן בן ברוקה, וחכמים אומרים: מפשיטין את כולו. בשלמא לרבי ישמעאל בנו של רבי יוחנן בן ברוקה - דהא איתעביד ליה צורך גבוה. אלא לרבנן - מאי טעמא? אמר רבה בר בר חנה אמר רבי יוחנן: דאמר קרא כל פעל ה' למענהו והכא, מאי למענהו איכא? רב יוסף אמר: שלא יסריח. רבא אמר: שלא יהו קדשי שמים מוטלין כנבלה. מאי בינייהו? איכא בינייהו: דמנח אפתורא דדהבא, אי נמי - יומא דאסתנא. ורבי ישמעאל בנו של רבי יוחנן בן ברוקה, האי פעל ה' למענהו מאי עביד ליה? שלא יוציא את האימורין קודם הפשטת העור. מאי טעמא? אמר רב הונא בריה דרב נתן: משום נימין. אמר רב חסדא אמר מר עוקבא: מאי אהדרו ליה חברייא לרבי ישמעאל בנו של רבי יוחנן בן ברוקה - הכי קאמרי ליה: אם מצילין תיק הספר עם הספר - לא נפשיט את הפסח מעורו? - מי דמי? התם - טלטול, הכא - מלאכה!
who disseminated about himself the reputation that he does not accept bribes. They wanted to mock him and reveal his true nature. She privately gave him a golden lamp, and she and her brother came before him, approaching him as if they were seeking judgment. She said to the philosopher: I want to share in the inheritance of my father’s estate. He said to them: Divide it. Rabban Gamliel said to him: It is written in our Torah: In a situation where there is a son, the daughter does not inherit. The philosopher said to him: Since the day you were exiled from your land, the Torah of Moses was taken away and the avon gilyon was given in its place. It is written in the avon gilyon: A son and a daughter shall inherit alike. The next day Rabban Gamliel brought the philosopher a Libyan donkey. Afterward, Rabban Gamliel and his sister came before the philosopher for a judgment. He said to them: I proceeded to the end of the avon gilayon, and it is written: I, avon gilayon, did not come to subtract from the Torah of Moses, and I did not come to add to the Torah of Moses. And it is written there: In a situation where there is a son, the daughter does not inherit. She said to him: May your light shine like a lamp, alluding to the lamp she had given him. Rabban Gamliel said to him: The donkey came and kicked the lamp, thereby revealing the entire episode. We learned in the mishna: And why does one not read the Writings on Shabbat? Due to suspension of Torah study in the study hall. Rav said: They only taught that it is prohibited to read from the Writings on Shabbat during the hours of study in the study hall; but when it is not during the hours of study in the study hall, one may read them. And Shmuel said: Even when it is not the hours of study in the study hall one may not read from the Writings on Shabbat. The Gemara asks: Is that so? Wasn’t Neharde’a Shmuel’s place where he was the rabbi of the town, and in Neharde’a they concluded their regular weekly discourse with Writings on Shabbat afternoon. Rather, if a dispute was stated in this matter, it was stated as follows: Rav said: It was only taught that there is a prohibition in a place where there is a study hall nearby that people can attend; but not in a place where there is a study hall, one may read Writings. And Shmuel said: Whether it is in the place of the study hall or it is not the place of the study hall, one may not read anywhere when it is during the hours of study in the study hall; but when it is not during the hours of study in the study hall, one may read. And Shmuel follows his line of reasoning stated elsewhere, as in Neharde’a they would conclude their studies with Writings on Shabbat afternoon. Rav Ashi said: Actually, the dispute is as we stated initially, and Shmuel said what he said in accordance with the opinion of Rabbi Neḥemya. As it was taught in a baraita: Although the Sages said with regard to sacred writings that they may not be read on Shabbat, one may study the midrash on them and teach them before the congregation; if one requires a verse that is written in the Writings, he brings a book and looks in it. Rabbi Neḥemya said: Why did they say that sacred writings are not read on Shabbat? So that people will say: Sacred writings may not be read, all the more so that is the case with ordinary documents, i.e., contracts and letters. If so, according to Rabbi Neḥemya, reading any sacred writings on Shabbat is prohibited so that people will refrain from reading non-sacred documents on Shabbat. It was not prohibited to encourage attendance the study hall. Shmuel himself does not hold in accordance with the opinion of Rabbi Neḥemya. MISHNA: One may rescue the casing of a Torah scroll from a fire on Shabbat together with the Torah scroll, and the casing of phylacteries along with the phylacteries, even if they have money inside them. And to where may one rescue them? Into an alley that is closed, which, if it is surrounded on three sides, is considered to be a private domain by Torah law. Ben Beteira says: Even into an open alley. GEMARA: Apropos the mishna, the Gemara cites that which the Sages taught in a baraita: If the fourteenth of Nissan occurs on Shabbat, and the Paschal lamb is offered but not roasted until Shabbat ends, one flays the Paschal lamb up to the breast to enable removal of the parts of the animal that are offered on the altar on Shabbat. One flays the rest of the animal after Shabbat. Further skinning is only to facilitate eating the animal, therefore, it does not override Shabbat; this is the statement of Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka. And the Rabbis say: One flays it in its entirety. The Gemara asks: Granted, according to the opinion of Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, who said one may flay only part of the animal, the halakha is understandable. Since it has already been used for its divine purpose of having its blood sprinkled on the altar, the animal no longer should be flayed. But according to the Rabbis, what is the reason for their opinion? Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The verse states, “All that the Lord has made is for His sake” (Proverbs 16:4), meaning that a prohibited action is only permitted if its performance honors God. The Gemara asks: And here, what manifestation of for His sake is there in flaying the remaining hide from the Paschal lamb? Rav Yosef said: The Rabbis permitted removing the entire hide so that the sacrifice will not putrefy. Rava said: The Rabbis permitted removing the entire hide so that the sacred sacrifices will not be left in disgrace like a half-stripped animal carcass left unattended. The Gemara asks: What is the practical difference between them? The Gemara answers: There is a practical difference between them when the Paschal lamb is laid on a golden table. In this case, there is indeed a concern that the carcass will putrefy, although there is no element of disgrace. Alternatively, there is a practical difference on a day with a cold northern wind. In this case, there is no concern that it will putrefy but there is a concern of disgracing the sacrifice. The Gemara asks: And what does Rabbi Yishamel, son of Rabbi Yoḥanan ben Beroka, do with the verse, “All that the Lord has made is for His sake”? The Gemara answers: He uses it to permit removing part of the hide, as if it was not for this verse, it would have been possible to remove the sacrificial parts offered on the altar before removing the hide by puncturing the hide of the animal and removing the fats through the opening. The Gemara asks: What is the reason that the Torah prohibited doing so? Rav Huna, son of Rav Natan, said: Because of the hairs, so that they do not become entangled in the sacrificial parts and distort them. Rav Ḥisda said that Mar Ukva said: How did the members of the group respond to Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka? This is what they said to him: If one may save the casing of a Torah scroll along with the Torah scroll, why may one not strip the Paschal lamb of its skin? Here too, in the case of skinning the Paschal lamb, once part of the action is permitted one should be able to perform the entire act. The Gemara is surprised at this: Are they comparable? There, in rescuing the casing of the scroll, only moving is involved, which is prohibited by rabbinic law; whereas here, in the case of the Paschal lamb, the act of flaying is a prohibited labor by Torah law. Rav Ashi said: They are disagreeing with regard to two issues: They disagree with regard to moving the hide along with the flesh, and they disagree with regard to the labor of flaying the animal. And this is what they said to him: If one may rescue the casing of the Torah scroll along with the Torah scroll, will we not move the hide of the Paschal lamb together with the flesh of the sacrifice? The sacrifice should be moved with its skin so it does not putrefy.
אלא אמר מר בר רב אשי: לעולם כדאמרינן מעיקרא, ודקא קשיא לך הכא טלטול והכא מלאכה - כגון דלא קבעי ליה לעור. - והא אביי ורבא דאמרי תרוייהו: מודה רבי שמעון בפסיק רישיה ולא ימות! - דשקיל ליה בברזי.
The Gemara asks: Are they comparable? There, with regard to the Torah scroll, the casing is a base for a permitted object, i.e., the scroll itself, which may be moved on Shabbat; whereas here, with regard to the hide of the Paschal lamb, the skin is a base for a prohibited object, i.e., the flesh of the sacrifice, which may not be moved until nightfall because it may not be eaten until night. Rather, this is what they said to him: If one may save the casing of the Torah scroll along with the scroll, even if there is money inside it, why then may one not move the hide together with the flesh? The Gemara asks: Are they comparable? There, with regard to the Torah scroll, the casing becomes a base for a prohibited object and a permitted object; whereas here, with regard to the hide, it is entirely a base for a prohibited object. Rather, this is what they said to him: If one may bring a casing that has money inside it from outside in order to save a Torah scroll in it, why may one not move the hide together with the flesh? The Gemara asks: And from where do we derive this halakha itself? As it is not stated in the mishna, from where do we derive that it is permitted on Shabbat to bring a casing containing money from the outside in order to save a Torah scroll? If you say that from the fact that in a situation where the casing has money in it one does not throw it away but brings it out with the casing, when the casing is outside and has money in it, one may also bring the money along with it; is it comparable? There, with regard to the Torah scroll’s casing with money inside, if one tarries in order to empty the money from the case, in the meantime the fire might catch the Torah scroll and burn it; whereas here, with regard to bringing in the casing, in the meantime he could have thrown it away. Rather, Mar bar Rav Ashi said: Actually, it is as we said initially. The Sages equated carrying the Torah casing with flaying the hide of the Paschal lamb. And as for what was difficult for you, that here, with regard to the Torah casing, moving alone is involved, whereas here, with regard to a Paschal lamb, a prohibited labor is involved, it can be explained as referring to a case where one does not need the hide of the Paschal lamb. Therefore, he is exempt. The Gemara asks: But Abaye and Rava both said: Rabbi Shimon concedes in cases categorized as cut off its head and will it not die, i.e., an action with an inevitable consequence. When an action has an inevitable consequence, even Rabbi Shimon, who normally exempts a person for performing an action with an unintended consequence, maintains the one is liable. Rather, we must say that one flays it strip by strip, and thereby he does not benefit from the hide. It therefore does not constitute the prohibited labor of stripping the hide. We learned in the mishna: And to where may one rescue them? Into an alley that is closed, which, if it is surrounded on three sides, is considered to be a private domain by Torah law. Ben Beteira says: Even into an open alley. The Gemara asks: What are the circumstances of an alley that is open, and what are the circumstances of an alley that is not open? Rav Ḥisda said: An alley that has three walls and two posts at its entrance is an alley that is not open; one that has three walls and one post is an alley that is open. And they both, the first tanna and ben Beteira, disagree in the mishna in accordance with the opinion of Rabbi Eliezer, as we learned in a mishna: For preparation of an alley to permit carrying within it on Shabbat, Beit Shammai say the alley must have a post on the side of the entrance and a beam over the entrance. And Beit Hillel say: Either a post or a beam is sufficient. Rabbi Eliezer says: In order to permit carrying, two posts are required. Rabba said to him: Did you call an alley that has three walls and one post open? Even if Rabbi Eliezer does not permit carrying there, it is still not considered to be open but closed. And furthermore, according to the Rabbis, if this is so, let us rescue food and drinks by carrying them there as well. Since the Sages only permitted carrying in an alley that is not open, and because, according to all opinions, it is permitted to carry in a closed alley, one should also be allowed to save food and water, and not only a Torah scroll, by carrying them there. Rather, Rabba said: An alley that has two walls and two posts at both entrances to the alley is an alley that is not open. If it has two walls and one post, it is an alley that is open. And both of them hold in accordance with the opinion of Rabbi Yehuda. As it was taught in a baraita: Furthermore, Rabbi Yehuda said: One who has two houses opposite each other on two sides of the public domain, if he chooses, he may create a private domain for himself in the area of the public domain. He may place a ten-handbreadth high post from here, perpendicular to the public domain. This creates a symbolic wall which, in the halakhot of alleyways, has the legal status of a wall. And he may place an additional post from here, on the other side, and that has the same legal status as if he closed the public domain on all of its sides. Or, he can implement a different solution appropriate for alleyways by placing a beam extending from here, from one end of one house, to the end of the house opposite it. This creates a symbolic partition across the width of the street. And he may place a beam extending from here, from the other side of the house. According to Rabbi Yehuda, in that way, one is permitted to carry objects and place them in the area between the symbolic partitions, as he would in a private domain. The Rabbis said to him: One may not establish an eiruv in the public domain in that way. Abaye said to Rabba: According to your opinion too, according to the opinion of the Rabbis cited in the mishna who agree with Rabbi Yehuda and permit carrying in an alley that is closed, let us also save food and drinks by carrying them there.
ודקשיא לך כו' דלא בעי ליה לעור - אינו צריך לו לעור, ואינו מתכוין להפשיט משום עור, ולא דמי להפשט אילים ותחשים דמשכן.
מפשט הגמרא יוצא שחייבים על הֶפְשֵׁט גם בלי כוונה. למה לפי רש"י זה הוא פטור, ולפי איזה כיוון הוא?
דשקיל ליה בברזי - בחתיכות דקות, מפשיט וחותך, דאין דרך הפשטה בכך, ולאו מלאכה הוא אלא שבות.
לפי רש"י זה יוצא שחייבים גם על הפשט בלי כוונה, בלי סיבה. לפי איזה כיוון הוא?
(רמז: לפי איזה כיוון אני בכלל לא מתייחס לכוונה?)
חידושי המאירי שם קטז ע"ב ד"ה 'ומסקנא כמו' ['לענין ביאור']:
ושמא תאמר ומה ענין פסיק רישיה בדבר המתכוין ואין כאן אלא טעם מלאכה שאין צריכה לגופה אף הוא כך דעתו לומר והלא אף כשאין מתכוין שמותר בפסיק רישיה מיהא אסור ואף בזו על כרחך אף הוא עושה לצורך גופו שהרי בודאי צריך הוא לעורו.
לפי איזה כיוון הולך המאירי?
(רמז: שכן חשובה הכוונה לצורך.)
המפשיט את העור הוי אב מלאכה והיה במשכן שהפשיטו עורות אלים מאדמים ועורות התחשים ושיעורו שאם הפשיט כדי לעשות קמיע חייב ותולדתו המפרק דוכסוסטוס מעל הקלף (רמב"ם פי"א הל' ו). ויראה לי דגם הפשטת עור עוף ועור דג הוי אב מלאכה, דלהדיא אמרינן בשבת (קח ע"א) שיש להן עורות, ואין לומר דלפ"ז אחר הבישול ג"כ יהא אסור לפשוט העור מאליהם ולאוכלה, וזהו מעשים בכל יום שבעת האכילה מי שאוהב העור פושטה מעט מעט ואוכלה, די"ל דבעת אכילה לא שייכא הפשטה כמו מלאכת הברירה שאינה בעת האכילה, דקיי"ל בורר אוכל ואוכל בסימן שיט, וה"נ בהפשטה. ועוד, דלאחר בישול הוויין כבשר, אבל קודם בישול נ"ל דאפילו באלו שעורותיהן כבשרן לענין טומאה מ"מ לענין הפשטה בשבת הוה אב מלאכה.
הלכות שבת בשבת ג, נב הערה 10:
ואינו מובן הדמיון, דבבורר הפעולה היא באוכל שמתקנו במה שמוציא ממנו הפסולת ולכן בעת האכילה אין זה בורר אלא דרך אכילה, אבל במפשיט המלאכה היא בעור המופשט ולא בבשר המופשט, וא"כ מה יושיע לו שעת האכילה כיון דהעור שבו נעשית המלאכה אינו נאכל, וצ"ע.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
מולח ומעבד
והמולחו והמעבדו. היינו מולח והיינו מעבד! רבי יוחנן וריש לקיש דאמרי תרוייהו: אפיק חד מינייהו ועייל שירטוט.
The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
היינו מולח היינו מעבד - אטו מליחה לאו צורך עיבוד הוא?
וענין העבוד הוא חזוק הדברים הרכים כדי שלא ימהרו להתקלקל. והבן ענין זה והתבונן בו תמיד כשתראה מלאכה מן המלאכות שתדע תולדת איזה אב היא, ולא תתחלף לך מלאכה שהיא כאב מן האבות בתולדה כמו שביארתי לך. ואמרו המולחו והמעבדו, אינן שתי מלאכות, לפי שמליחת העור היא מין ממיני העבוד, והזכירו להשמיעך שהמליחה עבוד היא.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
המעבד – לשון הר"מ פי"א ה"ה, המעבד מן העור כדי לעשות קמיע חייב, ואחד המולח ואחד המעבד שהמליחה מן עיבוד היא. ואח"ז בהל' ו כתב, הדורס על העור ברגלו עד שיתקשה או המרככו בידו ומושכו ומשוה אותו וכו', הרי זה תולדת מעבד וחייב, ע"כ. ובפרק כלל גדול עה ע"ב דאמרינן שם היינו מולח והיינו מעבד, ופירש"י אטו מליחה לאו צורך עיבוד הוא, וכוונתו אף דבמלח לבד אינו מתעבד מ"מ כיון דצורך [עיבוד] הוא הוי מעבד.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם נאסר כל דבר שהוא לשם עיבוד, או רק מלאכות ופעולות מסוימות של עיבוד?)
אמר רבה בר רב הונא: האי מאן דמלח בישרא - חייב משום מעבד. רבא אמר: אין עיבוד באוכלין. אמר רב אשי: ואפילו רבה בר רב הונא לא אמר אלא דקא בעי ליה לאורחא, אבל לביתא - לא משוי איניש מיכליה עץ.
The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
בשר או דג חי אסור למלחו בשבת כדי שלא יסריח עיין סוף סי' תק דמשמע אפילו במקום הפסד אסור (ב"י בשם ש"ל ע"ש) והתוס' והרא"ש בחולין דף יד כתבו דאפילו רוצה לאוכלו כך חי אסור למלחו ואף על גב דאין עיבוד באוכלין כמ"ש סוף סי' תק, מ"מ אסור דמיחזי כעיבוד וכ"כ הר"ן בחולין, לפי שהמלח מכשיר האוכל ומתקנו כדאמרי' גבי פוגלא, וכ"ש דאיכא למיסר מליחת בשר חי דהא מתקן ליה, וכ"ש אי אסרת ליה בלא מליחה דהוי תיקון טפי (ועמ"ש רסי' שיד), עכ"ל. וכ"כ הרשב"א בית ג ש"ג וע"ש שכתבו דמולח בשר להצניעו לדרך חייב חטאת, וצ"ע דבגמרא משמע דהלכה כרבא דפטור דבתרא הוא וכ"פ הרמב"ם פי"א.
המפשיט מן העור כדי לעשות קמיע חייב, וכן המעבד מן העור כדי לעשות קמיע חייב, ואחד המעבד ואחד המולח, שהמליחה מין עיבוד היא ואין עיבוד באוכלין. וכן המוחק מן העור כדי לעשות קמיע חייב. ואיזה הוא מוחק, זה המעביר שיער או הצמר מעל העור אחר מיתה עד שיחליק פני העור.
A person who skins [a portion of an animal's] hide large enough to make an amulet is liable.15This is one of the 39 categories of forbidden labor. Similarly, one who processes [a portion of an animal's] hide large enough to make an amulet16The Maggid Mishneh cites Shabbat 8:3, which states that one is liable for transferring a hide this size from one domain to another. Significantly, in his Commentary on the Mishnah (loc. cit.), the Rambam states that this refers not to the skin used to make parchment on which the amulet is written, but rather the leather used as a covering for the amulet. is liable.17This is also one of the 39 categories of forbidden labor.
Just as one who processes [a hide is liable], so too, is one who salts [a hide], for salting is one of the methods of processing.18See Hilchot Tefillin 1:6. [Prohibitions associated with the forbidden labor of] processing do not apply with regard to foodstuffs.19The Rambam's ruling differs from that of Rabbenu Chanan'el, who holds one liable for salting meat to preserve it for an extended period. (See also the Shulchan Aruch, Orach Chayim 321:2-6, which mentions several Rabbinic prohibitions in connection with salting food. Note the explanation of Shulchan Aruch HaRav 321:2.) The Ma'aseh Rokeach states that the Rambam maintains, by contrast, that there are no Rabbinic prohibitions associated with salting food in this context. Note, however, Chapter 22, Halachah 10, which mentions a Rabbinic prohibition against salting food as part of the pickling process.
Similarly, one who smooths [a portion of an animal's] hide large enough to make an amulet is liable.20This is also one of the 39 categories of forbidden labor. What is meant by smoothing? Removing the hair or the wool from the hide after [the animal's] death21Apparently, the Rambam adds this phrase to distinguish between this category of forbidden labor and the category of shearing. Shearing refers to removing an animal's wool or hair when alive, while smoothing refers to performing the same activity after the animal's death (Yesodei Yeshurun). Note, however, Chapter 9, Halachah 7, which states that one is liable for shearing an animal's wool even when the animal is dead.
See also the Responsum of the Beit Meir (Vol. IV, p. 142), which explains that although the activities included in the two categories of labor are similar, their objectives differ. The object of the labor of shearing is to obtain wool, while the object of the labor of smoothing is to produce a smooth hide.
[According to the Rivosh (cited in Chapter 9, Halachah 7), shearing applies when wool is removed from a live animal, while smoothing applies when the same activity is performed after an animal has died (Eglei Tal).
so that the surface of the hide will be smooth.
מגיד משנה שם ד"ה 'המפשיט'.
המפשיט מן העור לעשות קמיע חייב וכו' – משנה פ' המוציא (שם עח ע"ב), עור כדי לעשות קמיע. ובגמרא (שם עט) לעבדו בכמה לא שנא, והסוגיא מוכחת שהוא הדין בהפשטתו וכל המלאכות הנעשות בעור כך שיעורן כשם שהמלאכות הנעשות בצמר יש להם שיעור אחד.
איך אפשר להסביר את המחלוקת?
(רמז: האם עיבוד הוא דווקא לכתיבה על העור או הרחבה לכל פעולה מחזקת?)
תוספות יום טוב שבת ז, ב ד"ה 'המולחו':
המולחו – פירש הר"ב עייל שרטוט וכו', וכתב הרמב"ם [וזכר המולחו ללמדך כי המליחה עבוד והשלים מנין הל"ט במלאכת השרטוט] ופשע התנא בזכירתה בשעת הכתיבה ושם אותה מעניני הכותב.
אם נניח שהתנא כתב בכוונה מולח ומעבד, לפי איזה כיוון זה?
(רמז: בסופו של דבר אלה שתי פעולות שונות.)
משרטט
ועייל שירטוט - לפי שדרך הרצענין כשהוא בא לחתכו משרטטו תחלה כפי מה שהוא רוצה להאריך ולהרחיב ולקצר החיתוך, ואחר כך מעביר הסכין דרך השירטוט, וכן בעורות המשכן כשחתכום.
...המשרטט כדי לכתוב שתי אותיות תחת אותו שירטוט חייב. חרשי העצים שמעבירין חוט של סקרא על גבי הקורה כדי שינסור בשוה הרי זה תולדת משרטט...
Making designs is a derivative [of the forbidden labor] of writing. What is implied? A person who makes designs or who creates forms80Note the Be'ur Halachah 340, who questions whether one must make two designs to be held liable (as one is liable only when one writes two letters) or one is liable for making a single design. It is explained that from the Jerusalem Talmud (Shabbat 7:2), it appears that a single design is sufficient. on a wall81Our translation follows the standard printed text of the Mishneh Torah. Significantly, some authoritative manuscripts use the Hebrew כחול, meaning "blue," rather that כותל meaning "wall." According to this version, the halachah would read "One who makes designs and forms with blue, red and other [colors] of the like...." or with red color and the like as artists do is liable [for performing a derivative of] writing.82See also Chapter 10, Halachah 16, and notes in regard to making forms on utensils. Similarly, a person who erases a design for the sake of correcting [it]83Alternatively, one is liable if one erases a design to draw a different design in its place. is liable [for performing] a derivative [of the forbidden labor] of erasing.
A person who rules a line in order to write two letters below that line is liable.84This is one of the 39 categories of labor forbidden on the Sabbath. Carpenters who draw a red line on a beam to enable them to saw evenly perform a derivative of ruling a line.85From this halachah and from the Rambam's Commentary to the Mishnah (Shabbat 7:2), it would appear that the category of labor of ruling lines is associated with writing only. This is somewhat difficult, because writing per se, was not performed in the construction of the Sanctuary. Rashi, Shabbat 75b, states that ruling lines was necessary to cut the hides carefully. According to his opinion, it is possible to say that ruling a line in order to saw in a straight line would be considered as the forbidden labor itself and not merely a derivative. See also Shulchan Aruch HaRav 340:11. Similarly, stonemasons who [make lines] on a stone so that they will cut it evenly [perform a derivative of ruling a line.]
One is liable regardless of whether the line one rules is colored or without color.86As the lines of a Torah scroll are ruled.
חידושי הרש"ש שבת שם:
רש"י ד"ה ועייל שירטוט – עיין כה"ד, אבל הרמב"ם בפירושו ובחבורו ספי"א מפרשו כשירטוט דבכל הש"ס, דהיינו שמשרטט לצורך הכתיבה.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: עיין שוב בסוף הרש"י)
הלכות שבת בשבת ג, נו:
שרטט ביד שמאל צ"ע אם חייב.
[הערה 3 שם:] אם דינו ככותב לרמב"ם דהוא כהכנה לכתיבה אם כן דמי לכותב... אך לרש"י לאו משום כותב הוא כלל שהוא לצורך החיתוך ונראה דכיון דהשרטוט צריך שיהא כשר בצמצום... פטור דאי אפשר לכוין הקו בשמאלו שדרך מלאכה זו בדקדוק רב.
איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
ממחק
ממחקו - מגרר שערו.
והממחקו והמחתכו. אמר רבי אחא בר חנינא: השף בין העמודים בשבת - חייב משום ממחק. אמר רבי חייא בר אבא: שלשה דברים סח לי רב אשי משמיה דרבי יהושע בן לוי: המגרר ראשי כלונסות בשבת - חייב משום מחתך, הממרח רטיה בשבת - חייב משום ממחק.
The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
השף בין העמודים - כגון עמודי אכסדראות שעשוים חלונות חלונות, ונסמכין בחלונות בין עמוד לעמוד, והשף שם בקרקעית הבנין שנשענין עליו כדי שיהא חלק - חייב משום ממחק.
איך אפשר להבין מכאן שני כיוונים בממחק, ואיך אפשר להסביר על פי הכיוונים דלעיל?
(רמז: האם הגדרת ממחק היא פעולה או תוצאה?)
אסור לחמם נר של שעוה לדבקו במנורה משום דהוי ממרח כמ"ש סי' שיד, וכתוב בספר הזכרונות דאסור ליגע בשעוה שמא ימרח.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
הלכות שבת בשבת ג, נד, הערה 35:
מעשה רוקח על הרמב"ם פכ"ב הי"ג דסבון הוי ממרח... עי' דע"ת למהרש"ם שם דבמה שמבליע אותו בגוף אין בו משום ממחק.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם ממחק הוא להעביר שער וחספוס או מציאות של חלקות?)
מחתך
אמר רב מנשה: האי מאן דסלית סילתי - חייב משום טוחן. אמר רב אשי: אי קפיד אמשחתא - חייב משום מחתך.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
מחתכו - מקצעו ומחתכו לרצועות וסנדלים.
והמחתכו, המחתך את העור לפי מדה.
All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.1In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).
The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.
The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.
Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
חידושי המאירי שבת עד ע"ב, ד"ה 'המחתך':
ואם הוא קפיד על מדתו כגון שהיה צריך למדת טפח וזה העץ עבה או ארוך יותר מטפח וממעטו כדי להתקינו לצורכו חייב משום מחתך האמור בעור.
הלכות שבת בשבת ג, נה הערה 10:
דהרי הרמב"ם סיים וכתב אבל אם יחתך בלא כונה למדתו אלא כמתעסק פטור הרי דלא פטר רק אם חתך כמתעסק ולא באופן שלא כיון למדה בצמצום... לא נזכר שצריך חיתוך בקפידא דוקא ואף אם מעט יותר או פחות סגי ליה חייב.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: למי התוצאה המדויקת קריטית יותר? לשני, מה הכוונה למידה משמשת?)
הלכות שבת בשבת שם סעיף ז:
כשאינו גומר החיתוך- אין חיוב מחתך אא"כ גומר החיתוך" והערה 14 שם "דמחתך היינו מלאכת תיקון הכלי.
איך אפשר להסביר את הדין על פי הכיוונים דלעיל?
כותב
הכותב שתי אותיות, בין בימינו בין בשמאלו, בין משם אחד בין משתי שמות, בין משתי סמניות, בכל לשון - חייב. אמר רבי יוסי: לא חייבו שתי אותיות אלא משום רושם, שכך כותבין על קרשי המשכן, לידע איזו בן זוגו. אמר רבי יהודה: מצינו שם קטן משם גדול; שם משמעון ומשמואל, נח מנחור, דן מדניאל, גד מגדיאל.
One who drills a hole of any size is liable. Granted, according to Rav, who said that one who makes a hole is liable due to the prohibited labor of building, here too, he should be liable because he appears as one who is making a hole for the purpose of building. However, according to Shmuel, drilling a hole is not a completion of the labor. The labor will be complete only when a stake or pin is inserted into the hole. Until he does so, he cannot be liable for completing the labor. The Gemara answers: With what we are dealing here? With a case where one drilled a hole with an iron nail and left it inside the surface in which he drilled the hole. That is considered a completion of labor because there is no intention to remove the nail from its hole. We learned in the mishna that this is the principle: Anyone who performs a prohibited labor and his labor endures on Shabbat is liable. The Gemara asks: What does the phrase: This is the principle, come to include? The Gemara explains: It comes to include a case where one carved out a vessel with a capacity of half a kav [kefiza] into a piece of wood in which it was possible to chisel a vessel with a capacity of a whole kav. Since this labor endures on Shabbat and it can be used, it is considered a complete labor and he is liable. We also learned in the mishna that Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer is liable. The Gemara wonders: What has he done by striking the anvil that would render him liable? It was Rabba and Rav Yosef who both said in explanation: He is liable because he trains his hand for his work by striking the anvil. The sons of a man named Raḥava found this answer difficult: If so, one who observed a craft being performed on Shabbat and learned to perform that craft through observation, would he also be liable? Only one who performs an actual labor on Shabbat is liable. Rather, it was Abaye and Rava who both said in explanation: He is liable, as those who flatten plates of metal for the Tabernacle do so. They would strike the anvil with the sledgehammer in order to straighten the sledgehammer’s handle, which became crooked. That was also taught in a baraita. Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer during his labor is liable, as those who flatten plates of metal for the Tabernacle do so. MISHNA: One who plows is liable for plowing any amount of land on Shabbat. One who weeds and removes grass on Shabbat, and one who removes dry branches and who prunes any amount is liable. With regard to one who gathers wood, if he did so to enhance the tree or the land, he is liable for any amount; if he did so for fuel, he is liable for collecting a measure equivalent to that which is used to cook an easily cooked egg. With regard to one who gathers grass, if he did so to enhance the plants or the land, he is liable for any amount; if he did so to feed an animal, he is liable for collecting a measure equivalent to a goat’s mouthful. GEMARA: The Gemara asks: For what use is plowing any amount of land suited? The Gemara answers: It is suited for a single pumpkin seed. The corresponding situation in the Tabernacle was as it is suitable for planting a single stalk of herbs to make dyes. We also learned in the mishna: One who weeds, and one who removes dry branches, and who prunes any amount is liable. The Sages taught that in a baraita: With regard to one who severs endives that grow like weeds, or who prunes reeds [zeradim]; if he did so for human consumption, he is liable in the measure of a fig-bulk; if he did so for animal consumption, he is liable in a measure equivalent to a goat’s mouthful. If he did so for fuel, he is liable for severing a measure equivalent to that which is used to cook an easily cooked egg. If he did so to enhance the land, he is liable for any amount. The Gemara asks: Aren’t all these done to enhance the land? Each stalk that a person uproots enhances the land. It was Rabba and Rav Yosef who both said in explanation: They taught this baraita with regard to swampland, where grass is not uprooted to enhance the land. Abaye said: Even if you say that the baraita is referring to a field that is not a swampland, it can be referring to a case where one did not intend to enhance the land. The Gemara asks: However, is it not Abaye and Rava who both say that Rabbi Shimon, who holds that one is liable only for performing an intentional action, concedes that one is liable in a case of cut off its head, will it not die? In any case where the outcome is inevitable, as in this case where the land will be enhanced, one’s lack of intention does not exempt him. The Gemara answers: Abaye’s statement was only necessary in a case where one did so on another’s land. Since he did not intend for that outcome to eventuate and he derives no benefit from enhancing the land, he is not liable in that case. MISHNA: One who writes two letters on Shabbat, whether he did so with his right hand or his left, whether they were the same letter or two different letters, whether he did so using two different types of ink, in any language, he is liable. Rabbi Yosei said: One is deemed liable for writing two letters only due to marking, as they would write symbols on adjacent beams of the Tabernacle to know which beam was another beam’s counterpart. Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name, e.g., Shem [shin mem] from the name Shimon or from Shmuel; Noaḥ [nun ḥet] from Naḥor; Dan [dalet nun] from Daniel; Gad [gimmel dalet] from Gaddiel. In all of these cases, the first two letters of the longer name constitute the shorter name. GEMARA: The Gemara questions the beginning of the mishna: Granted, for writing with the right hand let one be liable, as that is the typical manner of writing. However, for writing with the left hand, why is one liable? That is not the typical manner of writing. Rabbi Yirmeya said: When the mishna taught that one who writes with his left hand is liable, they taught it with regard to one who is left-handed. The Gemara asks: And if so, let his left hand have the same legal status as everyone’s right hand; for writing with his left hand, let him be liable, for writing with his right hand, let him not be liable. Rather, Abaye said: This mishna refers to an ambidextrous person, who is liable for writing with either hand. Rav Ya’akov, son of the daughter of Ya’akov, said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yosei, who said: One is deemed liable for writing two letters only due to marking. As such, one is liable for writing a letter even if he writes it imprecisely with his left hand. The Gemara asks: From the fact that the latter clause of the mishna is in accordance with the opinion of Rabbi Yosei, the first clause of the mishna is not in accordance with the opinion of Rabbi Yosei. The Gemara answers: That is not necessarily the case. The entire mishna is in accordance with the opinion of Rabbi Yosei, and the attribution of his second statement was for emphasis alone. We learned in the mishna that Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name. The Gemara asks: Rather, is that to say that according to Rabbi Yehuda, it is one who writes two letters that are two different types of letters who is liable; however, one who writes two letters that are one type of letter is not liable? Wasn’t it taught in a baraita that it is written: “When a leader sinned, and he unwittingly performed one of any of the commandments which the Lord his God commanded not to do, and is guilty” (Leviticus 4:22)? The Sages taught: I might have thought that one is not guilty until he performs a complete labor, e.g., until he writes the entire name that he intended to write, or until he weaves the entire garment, or until he crafts the entire sieve made from the reeds of the warp and the woof; therefore, the verse states: “A soul who sins unintentionally in any of the Lord’s commandments which one shall not perform, and did an action from one of these” (Leviticus 4:2). The emphasis on the phrase “from one” teaches that in order for one to be liable, it is sufficient that he perform only part of the prohibited labor. However, if that is derived from the use of the phrase “from one,” I might have thought that one is liable even if he wrote only a single letter, or even if he wove only a single thread, or even if he crafted only a single eye of the sieve, i.e., arranging the reeds to create a warp, and then interweaving a single reed as a woof;
משום רושם - סימן, שהיו עושים בקרשי המשכן, מפני שמפרקין אותו, ולכשיקימוהו לא יחלפו סדר הקרשים, ואתא ר' יוסי למימר דאפילו לא כתב, אלא רשם שני רשימות בעלמא לסימן - חייב.
מי טל, כותב, א, יט:
ונראה לומר בזה דהנה ביסוד פלוגתת ר' יוסי וחכמים, אם רושם לסימן בעלמא חייב, נראה דפליגי ביסוד מלאכת כותב, דלדעת חכמים יסוד מלאכת כותב הוא עצם מעשה כתיבת האותיות לבד... ולדעת ר' יוסי... לא משום עצם כתיבת האותיות אלא משום מעשה התחדשות הך תוכן הענין הכלול בהני אותיות שכותב.
בשלמא אימין ליחייב - משום דדרך כתיבה בכך, אלא אשמאל אמאי? הא אין דרך כתיבה בכך! אמר רבי ירמיה: באטר יד שנו. ותהוי שמאל דידיה כימין דכולי עלמא, ואשמאל - ליחייב, אימין - לא ליחייב! אלא אמר אביי: בשולט בשתי ידיו. רב יעקב בריה דבת יעקב אמר: הא מני - רבי יוסי היא, דאמר: לא חייבו שתי אותיות אלא משום רושם. והא מדסיפא רבי יוסי היא, רישא לאו רבי יוסי! - כולה רבי יוסי היא.
One who drills a hole of any size is liable. Granted, according to Rav, who said that one who makes a hole is liable due to the prohibited labor of building, here too, he should be liable because he appears as one who is making a hole for the purpose of building. However, according to Shmuel, drilling a hole is not a completion of the labor. The labor will be complete only when a stake or pin is inserted into the hole. Until he does so, he cannot be liable for completing the labor. The Gemara answers: With what we are dealing here? With a case where one drilled a hole with an iron nail and left it inside the surface in which he drilled the hole. That is considered a completion of labor because there is no intention to remove the nail from its hole. We learned in the mishna that this is the principle: Anyone who performs a prohibited labor and his labor endures on Shabbat is liable. The Gemara asks: What does the phrase: This is the principle, come to include? The Gemara explains: It comes to include a case where one carved out a vessel with a capacity of half a kav [kefiza] into a piece of wood in which it was possible to chisel a vessel with a capacity of a whole kav. Since this labor endures on Shabbat and it can be used, it is considered a complete labor and he is liable. We also learned in the mishna that Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer is liable. The Gemara wonders: What has he done by striking the anvil that would render him liable? It was Rabba and Rav Yosef who both said in explanation: He is liable because he trains his hand for his work by striking the anvil. The sons of a man named Raḥava found this answer difficult: If so, one who observed a craft being performed on Shabbat and learned to perform that craft through observation, would he also be liable? Only one who performs an actual labor on Shabbat is liable. Rather, it was Abaye and Rava who both said in explanation: He is liable, as those who flatten plates of metal for the Tabernacle do so. They would strike the anvil with the sledgehammer in order to straighten the sledgehammer’s handle, which became crooked. That was also taught in a baraita. Rabban Shimon ben Gamliel says: Even one who strikes an anvil with a sledgehammer during his labor is liable, as those who flatten plates of metal for the Tabernacle do so. MISHNA: One who plows is liable for plowing any amount of land on Shabbat. One who weeds and removes grass on Shabbat, and one who removes dry branches and who prunes any amount is liable. With regard to one who gathers wood, if he did so to enhance the tree or the land, he is liable for any amount; if he did so for fuel, he is liable for collecting a measure equivalent to that which is used to cook an easily cooked egg. With regard to one who gathers grass, if he did so to enhance the plants or the land, he is liable for any amount; if he did so to feed an animal, he is liable for collecting a measure equivalent to a goat’s mouthful. GEMARA: The Gemara asks: For what use is plowing any amount of land suited? The Gemara answers: It is suited for a single pumpkin seed. The corresponding situation in the Tabernacle was as it is suitable for planting a single stalk of herbs to make dyes. We also learned in the mishna: One who weeds, and one who removes dry branches, and who prunes any amount is liable. The Sages taught that in a baraita: With regard to one who severs endives that grow like weeds, or who prunes reeds [zeradim]; if he did so for human consumption, he is liable in the measure of a fig-bulk; if he did so for animal consumption, he is liable in a measure equivalent to a goat’s mouthful. If he did so for fuel, he is liable for severing a measure equivalent to that which is used to cook an easily cooked egg. If he did so to enhance the land, he is liable for any amount. The Gemara asks: Aren’t all these done to enhance the land? Each stalk that a person uproots enhances the land. It was Rabba and Rav Yosef who both said in explanation: They taught this baraita with regard to swampland, where grass is not uprooted to enhance the land. Abaye said: Even if you say that the baraita is referring to a field that is not a swampland, it can be referring to a case where one did not intend to enhance the land. The Gemara asks: However, is it not Abaye and Rava who both say that Rabbi Shimon, who holds that one is liable only for performing an intentional action, concedes that one is liable in a case of cut off its head, will it not die? In any case where the outcome is inevitable, as in this case where the land will be enhanced, one’s lack of intention does not exempt him. The Gemara answers: Abaye’s statement was only necessary in a case where one did so on another’s land. Since he did not intend for that outcome to eventuate and he derives no benefit from enhancing the land, he is not liable in that case. MISHNA: One who writes two letters on Shabbat, whether he did so with his right hand or his left, whether they were the same letter or two different letters, whether he did so using two different types of ink, in any language, he is liable. Rabbi Yosei said: One is deemed liable for writing two letters only due to marking, as they would write symbols on adjacent beams of the Tabernacle to know which beam was another beam’s counterpart. Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name, e.g., Shem [shin mem] from the name Shimon or from Shmuel; Noaḥ [nun ḥet] from Naḥor; Dan [dalet nun] from Daniel; Gad [gimmel dalet] from Gaddiel. In all of these cases, the first two letters of the longer name constitute the shorter name. GEMARA: The Gemara questions the beginning of the mishna: Granted, for writing with the right hand let one be liable, as that is the typical manner of writing. However, for writing with the left hand, why is one liable? That is not the typical manner of writing. Rabbi Yirmeya said: When the mishna taught that one who writes with his left hand is liable, they taught it with regard to one who is left-handed. The Gemara asks: And if so, let his left hand have the same legal status as everyone’s right hand; for writing with his left hand, let him be liable, for writing with his right hand, let him not be liable. Rather, Abaye said: This mishna refers to an ambidextrous person, who is liable for writing with either hand. Rav Ya’akov, son of the daughter of Ya’akov, said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yosei, who said: One is deemed liable for writing two letters only due to marking. As such, one is liable for writing a letter even if he writes it imprecisely with his left hand. The Gemara asks: From the fact that the latter clause of the mishna is in accordance with the opinion of Rabbi Yosei, the first clause of the mishna is not in accordance with the opinion of Rabbi Yosei. The Gemara answers: That is not necessarily the case. The entire mishna is in accordance with the opinion of Rabbi Yosei, and the attribution of his second statement was for emphasis alone. We learned in the mishna that Rabbi Yehuda said: We found that one is liable for writing even if he did not complete what he was writing, so that he wrote a small name that constituted part of a longer name. The Gemara asks: Rather, is that to say that according to Rabbi Yehuda, it is one who writes two letters that are two different types of letters who is liable; however, one who writes two letters that are one type of letter is not liable? Wasn’t it taught in a baraita that it is written: “When a leader sinned, and he unwittingly performed one of any of the commandments which the Lord his God commanded not to do, and is guilty” (Leviticus 4:22)? The Sages taught: I might have thought that one is not guilty until he performs a complete labor, e.g., until he writes the entire name that he intended to write, or until he weaves the entire garment, or until he crafts the entire sieve made from the reeds of the warp and the woof; therefore, the verse states: “A soul who sins unintentionally in any of the Lord’s commandments which one shall not perform, and did an action from one of these” (Leviticus 4:2). The emphasis on the phrase “from one” teaches that in order for one to be liable, it is sufficient that he perform only part of the prohibited labor. However, if that is derived from the use of the phrase “from one,” I might have thought that one is liable even if he wrote only a single letter, or even if he wove only a single thread, or even if he crafted only a single eye of the sieve, i.e., arranging the reeds to create a warp, and then interweaving a single reed as a woof;
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
בכל לשון - של כל כתבים, וגופן של כל אומה ואומה.
אור זרוע סימן עו:
והר' יואל בר יצחק הלוי מבון פי' שכתב כומרים או שאר כתבים לבד מאשורית ויונית אם כתבו ישראל בשבת פטור מן התורה דאינה כתיבה ואינה חשובה מלאכה.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
מוחק
עיין תחילת דברינו לגבי מלאכת קורע, בתוספות ר' עקיבא איגר ושאלתו שם.
הלכות שבת בשבת ג, נח, סעיף ד:
מוחק שלא ע"מ לכתוב.. ואין כונתו לקלקל כגון שמוחק דבר שאינו נכון... י"א דהואיל ותיקן במחיקתו חייב וי"א שאין החיוב אלא ע"מ לכתוב כמו במשכן.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
שם סעיף ה:
מחיקה בשמאל... י"א שפטור כמו בכותב בשמאל וי"א שחייב כמו בשאר מלאכות בשמאל כיון שא"צ אומנות לזה כמו בכתיבה.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?

שאר המלאכות

בונה
העושה אהל קבוע הרי זה תולדת בונה וחייב, וכן העושה כלי אדמה כגון תנור וחבית קודם שישרפו הרי זה תולדת בונה וחייב, וכן המגבן את הגבינה הרי זה תולדת בונה, ואינו חייב עד שיגבן כגרוגרת, המכניס יד הקרדום בתוך העין שלו הרי זה תולדת בונה וכן כל כיוצא בו, וכן התוקע עץ בעץ בין שתקע במסמר בין שתקע בעץ עצמו עד שנתאחד הרי זה תולדת בונה וחייב.
A person who erects a permanent tent is liable for performing a derivative47The commentaries question why the erection of a tent is merely given the status of a derivative and is not considered to be a מעין מלאכה of the forbidden labor of building. The P'nei Yehoshua (Sukkah 16b) explains that a building is a stable structure, while a tent is far more fragile in nature.
The Even HaEzel explains that building involves two actions:
a) joining separate entities into a single whole;
b) spreading a roof over a structure.
Constructing a structure - or part of a structure - which contains both these actions is considered to be building proper. If either - but only one - of the two is involved, the act is deemed a derivative. Thus, erecting a tent is considered a derivative, because it involves spreading a roof, and making cheese is considered a derivative, because it involves joining separate entities into a single whole.
[of the forbidden labor] of building.48Significantly, neither in this halachah nor in Chapter 22, Halachah 27, when he mentions the Rabbinic prohibition against erecting a temporary tent does the Rambam explain whether the concept of permanence depends on the strength of the structure or the intent of the builder. It appears that he relies on his statements in Chapter 9, Halachah 13, "Whenever one performs a labor that does not have a permanent effect on the Sabbath, one is not liable." (See the notes on that halachah.)
Similarly, a person who fashions an earthenware utensil - e.g., an oven or a jug - before they are fired [in a kiln] is liable for performing a derivative [of the forbidden labor] of building.49Beitzah 22a relates a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that one is liable for performing a derivative of the forbidden labor of building when fashioning a utensil, while the School of Hillel rejects this thesis: "There is no [concept of] building with regard to utensils."
There is, however, a difference of opinion between the Rabbis about the interpretation of this statement. Rashi understands the statement simply. Fashioning a utensil can never be a derivative of building. One is liable for making a utensil, but one's liability stems from the forbidden labor of מכה בפטיש, completing a utensil. This view is shared by Rav Hai Gaon, Rabbenu Yitzchak Alfasi (according to Rabbenu Nissim), and others.
As obvious from this halachah, the Rambam differs and maintains that one is liable for building when fashioning a utensil. The leniency mentioned by the School of Hillel refers only to putting together a utensil that is made up of several component parts. [This is, however, forbidden by Rabbinic decree, because it resembles building (Chapter 22, Halachah 26).] Fashioning a new utensil, by contrast, is surely considered a derivative of building.
This latter opinion is shared by Tosafot (Shabbat 74b), the Ramban, the Rashba, and others. It is also accepted by the Shulchan Aruch (Orach Chayim 314:1).

Similarly, one who makes cheese performs a derivative [of the forbidden labor] of building.50See Chapter 7, Halachah 6. One is not liable until one makes an amount of cheese equivalent to the size of a dried fig.51Although one is liable for building even the slightest amount, with regard to this derivative the minimum measure for which one is liable is the size of a dried fig - the minimum measure associated with the labors related to food. Unless one makes an amount of cheese that size, one's activity is not significant at all.
A person who inserts the blade of an axe onto its handle or one who performs any similar activity performs a derivative [of the forbidden labor] of building. Similarly, one who attaches one piece of wood to another, whether he attaches them with a nail or by inserting one piece of wood into another until they become a single entity, is liable for performing a derivative [of the forbidden labor] of building.52The Rambam discusses the Rabbinic prohibitions associated with this activity in Chapter 22, Halachah 25. (See also the discussion of the issue in the Shulchan Aruch [Orach Chayim 313:9] and commentaries.)
ונ"ל ע"פ מה שכתב המ"א בסימן שמ דמגבן חייב משום בונה היינו במכוין לייפותו ולהשוותו... וא"כ הא תינח כשעושה גבינה ומשוה אותו לבעל תמונה עגול או ארוך דבזה שייך בנין אבל כשנותן לתוכו דבר שיתקבץ רק החלב ויתייבש מעט דזהו משום בורר.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם בונה היא פעולה או תוצאה, יצירת בניין?)
אמר רבא: האי מאן דעבד חביתא - חייב משום שבע חטאות.
as they are boiled seven times. And, if one does not remove them from the shells, they rot. Therefore, it is considered like removing waste from food. The rotting edible portion of the lupine causes the shell to reek. Removing the edible portion, therefore, has the legal status of removing waste. We learned in the mishna, among those liable for performing primary categories of labor: And one who grinds. Rav Pappa said: One who chops beets into small pieces on Shabbat is liable due to the prohibited labor of grinding, as the actions are similar. Rav Menashe said: One who chops wood chips for sawdust (Rambam) is liable due to the prohibited labor of grinding. Rav Ashi said: If he is particular in his chopping with regard to the measurement, i.e., he is careful to cut all the chips to a particular size, he is also liable due to the labor of cutting. We learned in the mishna, among those liable for performing primary categories of labor: And one who kneads and one who bakes. Rav Pappa said: Our tanna left out the labor of cooking the spices for dye, which was performed in the Tabernacle, and included the labor of baking, which was not performed in the construction of the Tabernacle. If, as stated above, all the primary categories of labor were derived from the labors in the Tabernacle, why did the tanna omit cooking? The Gemara answers: Our tanna cited the sequence of preparing bread, which was the underlying principle behind his organization of the primary categories of labor. He opened with plowing and concluded with the preparation of bread. Rav Aḥa bar Rav Avira said: One who places a peg into an oven to dry is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that he intends to strengthen the utensil, as ultimately, the peg is hardened in the oven, in contrast to cooking in which the fire softens the item being cooked. Therefore, he teaches us that initially the wood is softened in the oven, and only afterward it is hardened. Rabba bar Rav Huna said: One who boils pitch is liable for performing the labor of cooking. The Gemara asks: That is obvious. The Gemara answers: Lest you say that since it proceeds to harden afterward, say that it is not considered cooking. One might think that since the pitch was hard before it was cooked and will ultimately be hard after it is cooked, boiling pitch is not considered cooking. Therefore, he teaches us that even a temporary change is considered cooking. Rava said: One who unwittingly crafted an earthenware barrel on Shabbat is liable to bring seven sin-offerings: He crumbles the lumps of dirt; which is (1) grinding; (2) selects the stones from the dirt; (3) kneads the mortar; (4) cuts the mortar into pieces of a suitable size; (5) builds the mold; (6) kindles the fire, and then fires the earthenware vessel, which is (7) baking (ge’onim). One who crafts an oven is liable for eight sin-offerings, since in addition to those seven labors, he spreads another layer of mortar to finish the job, performing the prohibited labor of (8) smoothing. Abaye said: One who unwittingly crafts a receptacle from reeds on Shabbat is liable to bring eleven sin-offerings. In pruning the reeds, he performed both (1) reaping and (2) planting, as he stimulates growth of the remaining reeds. He (3) gathers the reeds; (4) selects them; (5) smooths and levels them; cuts them into small pieces, which is (6) grinding; and (7) cuts them to a particular measurement. When he begins weaving the reeds, he performs the labors of (8) stretching the warp; (9) constructing two meshes; and (10) weaving. Crafting the object as a whole constitutes (11) building (ge’onim). And if he sews the mouth of the receptacle, he is liable to bring thirteen sin-offerings with the added labors of (12) sewing and (13) tying. We learned in the mishna, among those liable for performing primary categories of labor: One who shears wool, and one who whitens it, which are labors in the process of shearing and spinning wool. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: One who unwittingly spins wool still attached on the back of an animal on Shabbat is liable to bring three sin-offerings: One due to shearing, since, in the process, some of the wool is detached from the sheep; and one due to combing the wool; and one due to spinning. Rav Kahana said: This is not a typical manner of shearing, and this is not a typical manner of combing, and this is not a typical manner of spinning. The Gemara asks: And is that not a typical manner of spinning? Wasn’t it taught in a baraita in the name of Rabbi Neḥemya that the verse in the context of the work of the Tabernacle: “And all the women whose hearts lifted them with wisdom spun the goats” (Exodus 35:26) means that they washed the hair on the goats, and they spun it into threads on the goats themselves without first shearing the hair? Apparently, spinning on the back of an animal is considered a typical manner of spinning. The Gemara answers: Extraordinary wisdom is different. Although certain individuals are capable of spinning wool that way, the typical person is not capable of performing that feat. The Sages taught in a Tosefta: One who unwittingly plucks a large feather from the wing of a bird on Shabbat, and who snips the tip of the feather, and who pulls out the thin threads that comprise the feather is liable to bring three sin-offerings. And Rabbi Shimon ben Lakish said in explanation: One who plucks the wing is liable due to the labor of shearing. One who snips the tip of the feather is liable due to cutting. And one who pulls out the threads is liable due to smoothing. We learned in the mishna, among those liable for performing primary categories of labor: One who ties and one who unties. The Gemara asks: Where was there tying in the Tabernacle? Rava said: They tied the tents of the Tabernacle to the pegs. The Gemara rejects this: And is that considered performance of the labor of tying? That was tying a knot in order to untie it. When the children of Israel departed from an encampment, they dismantled the Tabernacle, which involved untying all of the knots. One is not liable for tying a temporary knot on Shabbat. Rather, Abaye said: As the weavers of curtains for the Tabernacle, when a thread would rip, they would tie it. Rava said to him: You have resolved the problem with regard to the labor of tying; however, with regard to the labor of untying, what can be said? Where, in the construction of the Tabernacle, was the labor of untying performed? And if you say that it was performed if one found two threads with knots tied next to each other, he untied one and left one tied; now, before a king of flesh and blood one would not do so, as the curtain would look flawed, in the Tabernacle, before the King of kings, the Holy One, Blessed be He, would one do so? Rather, Rava said, and some say that Rav Elai said: The trappers of ḥilazon, whose blood was used in the Tabernacle as a dye, tie and untie their nets. We learned in the mishna, among those liable for performing primary categories of labor: And one who sews two stitches. The Gemara asks: That does not endure; two stitches will unravel immediately. A prohibited labor whose result is temporary is not considered a prohibited labor. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: That has the legal status of a prohibited labor only in a case where, after sewing the stitches, he tied them. He tied a knot at each of the two ends of the thread so that the stitches would not unravel. We learned in the mishna, among those liable for performing primary categories of labor: One who tears in order to sew two stitches. The Gemara asks: Was there tearing in the construction of the Tabernacle? The Gemara answers that it was Rabba and Rabbi Zeira who both said the following explanation:
שבע חטאות - טוחן הרגבים ושוחקן הדק - הוי טוחן, ובורר הצרורות הגסות מתוכן - הרי שתים, ומרקידן בנפה ומגבל הטיט - דהיינו לש, וממרח הטיט כשעושה הגולם שיהא חלק - הרי ממחק, ומבעיר את האור בכבשן ומצרפו בתוכו - הרי מבשל, חיובא דחופר ליכא, דאינו צריך אלא לעפרה.
הגהות מיימוניות על הרמב"ם שם:
ודלא כרש"י שפירש התם האי מאן דעביד חביתא חייב ז' חטאות תנורא ח', אבל משום בנין אינו חייב דאין בנין בכלים, ובהבונה נמי גרסי' האי מאן דעייל שופתא בקופינא דמרא רב אמר חייב משום בונה, וכ"פ התוס' וכן ס"ה, ודלא כרא"מ שכתב דלא אמר רב הכי לחייבו משום בונה דאין בנין בכלים ואין סתירה בכלים...
אבן האזל על הרמב"ם שם הלכה יז (בפסקה 'והנה הרמב"ם' [הראשונה]):
והענין שאע"פ שאמרו אין בנין בכלים זהו בכלים שנתפרקו להחזירן... אבל העושה כלי מתחלתו אין לך בנין גדול מזה ואין נקרא זה בנין בכלים שהרי אינו כלי אלא עושה כלי.
ובהמשך שם (בפסקה 'ועכשיו מיושב' בסופה) – מהפך:
מחבר דבר אל דבר ועושהו גוף אחד ובזה אמרינן יש בנין בכלים כמו שכתבנו. אבל מנפח בכלי זכוכית דלא הוי מחבר ולא מקבץ, אלא שבהנפוח עושה הכלי, אף שעושה כלי מחדש מ"מ לא חייב משום בונה כמו שבארנו דגם עשה כלי מחדש ליכא תורת בנין.
הסבר את הדברים על פי הכיוונים דלעיל.
סותר
הסותר כל שהוא חייב, והוא שיסתור על מנת לבנות, אבל אם סתר דרך השחתה פטור, הסותר אהל קבוע או שפרק עץ תקוע הרי זה תולדת סותר וחייב והוא שיתכוין לתקן.
A person who demolishes even the slightest amount is liable, provided he demolishes with the intent to build.55Whenever the encampment of the Jewish people moved, the Sanctuary was taken down and then reconstructed in the new camp (Shabbat 31b).
The commentaries note that in Chapter 1, Halachah 18, the Rambam mentions that one is liable for "demolishing to build in its place," while in this halachah, the words "in its place" are not mentioned.
If his intent in demolishing is merely destructive, he is not liable.56As mentioned in Chapter 1, Halachah 17, one is not liable for performing any forbidden labor with merely a destructive intent. Nevertheless, as mentioned in Chapter 8, Halachah 8, if one destroys with the intent of venting one's anger, one is liable. Seemingly, the Rambam should have mentioned this point in this context as well.
A person who demolishes a permanent tent or separates a piece of wood attached to another is liable for performing a derivative [of the forbidden labor] of demolishing, provided his intent is to improve it [afterwards].57The Maggid Mishneh explains that the Rambam's intent is to illustrate how one is liable for demolishing for performing the converse of every positive activity for which one is liable for building.
Perhaps the Rambam's wording also alludes to the concept that a person is liable only when he demolishes a structure that is strong enough to last. If the structure he demolishes is not that sturdy, he is not liable. See Shulchan Aruch HaRav 313:19.
עיין שוב, כנ"ל לגבי מוחק, בדברי ר' עקיבא איגר המובאים בתחילת מלאכת קורע, ובשאלתנו שם.
הסותר – לשון הר"מ פ"י הט"ו, הסותר כל שהוא חייב והיא שיסתור על מנת לבנות, ע"כ. הכלל, כל שמחייב משום בונה, הסותר דבר זה חייב משום סותר. ונראה פשוט דלאו דוקא על מנת לבנות, אלא העיקר שלא יהיה דרך השחתה שהוא מקלקל, כמבואר לפני זה בהל' י גבי הקורע על מנת לתפור והוא הדין הקורע בחמתו חייב, וכן נראה מסוף דבריו שכתב סתם והוא שיתכוין לתקן, היינו איזה תיקון שיהיה.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
אמר רבא: היתה לו גומא וטממה בבית - חייב משום בונה, בשדה - משום חורש. אמר רבי אבא: החופר גומא בשבת ואינו צריך אלא לעפרה - פטור עליה. ואפילו לרבי יהודה דאמר מלאכה שאינה צריכה לגופה חייב עליה הני מילי - מתקן, האי - מקלקל הוא.
GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor: One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,
פטור עליה - ואין כאן משום בנין בבית דקלקול הוא ולזריעה נמי לא חזיא אבל אם היה צריך לה חייב משום בונה.
כל המקלקלין פטורין. כיצד, הרי שחבל בחבירו או בבהמה דרך השחתה וכן אם קרע בגדים או שרפן או שבר כלים דרך השחתה, הרי זה פטור. חפר גומה ואינו צריך אלא לעפרה, הרי זה מקלקל ופטור. אף על פי שעשה מלאכה, הואיל וכוונתו לקלקל, פטור.
Whenever [a forbidden labor is performed] in a destructive manner, one is not held liable.47As mentioned previously, the prohibition against labor on the Sabbath was derived from a comparison to the labors performed in the construction of the Sanctuary. In that instance, all the labors had a positive intent.
(The Rambam's statements imply that performing a forbidden labor with a destructive intent is not forbidden by the Torah at all, but is merely a Rabbinic prohibition. There are opinions which differ, and maintain that although the Torah did not hold one liable in such an instance, the act is forbidden by the Torah itself.)
What is implied? A person who injures a colleague or an animal with a destructive intent,48However, see Chapter 8, Halachah 8, which states that if a person injures another person as an expression of anger, he is liable, for in his own mind his activity is constructive; he is releasing pent up emotion. one who rips or burns garments, or one who breaks utensils with a destructive intent is not held liable.
A person who dug a pit solely because he needed the earth inside it is considered as having performed a [forbidden] labor with a destructive intent, and is therefore free of liability.49The Maggid Mishneh and others note that this activity is only destructive when the pit is dug within a home. Digging a pit for the sake of its earth in a field, by contrast, is not considered a destructive act. It is, however, a מלאכה שאינה צריכה לגופה (see Halachah 7), for the digger has no desire for the pit, the object of the work. As mentioned, other authorities free a person in such an instance; the Rambam, however, would normally hold one liable. Although he performed a [forbidden] labor, he is not held liable because he had a destructive intent.
מי טל, סותר, ג, כ:
דחופר גומא ואין צריך אלא לעפרה פטור משום דהוי מקלקל אע"פ שעשה מלאכה אין כוונתו למלאכת בונה אלא כוונתו בהאי עשה מלאכה שעשה מלאכת סותר בהאי חפירת הגומא ופטור על זה כיון שהוי סותר בדרך קלקול.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
מכבה ומבעיר
תוספות יום טוב שבת ז, ב ד"ה 'המכבה והמבעיר':
המכבה והמבעיר – הכא לא קשיא דליתני מבעיר ברישא דשאני לעיל בחורש וזורע דלעיל כל סדורא דפת נקט כסדר חוץ מחורש כ"כ התוס' (ולי אכתי קשה דהא בכל אינך בסידורי בגד ועור שמר ג"כ התנא הסדר ואף בכתיבה ובבנין נקט העשייה קודם הסתירה. ולכן נראה בעיני דמשום כך איחר הבערה לומר שבהבערה איכא מאן דס"ל שאין בה חיוב חטאת שאינה אלא בלאו והוא רבי יוסי שאמר הבערה ללאו יצאת בפסוק לא תבערו אש וגו' כדאיתא בסוגיא [דף ע]).
עץ החיים (ר"י חאגיז), מלאכת המכבה והמבעיר, ה:
ולי הצעיר נראה דבכולהו נקט המתקן ברישא הבונה והסותר וכו' ומשום דמבעיר הוי מקלקל... והמבעיר ע"מ לכבות לעשות פחמים או תיקון אחר כגון בישל סמנין ולא מבעיר להשחתה.
במקלקלים כגון מכבה וסותר וקורע מסתברא דצריך שיהא על מנת לתקן כמו במשכן.
רש"ר הירש שמות לה, ג:
לא תבערו אש וגו' – הבערת אש אינה לכאורה פעולה יוצרת אלא פעולה הרסנית. מאידך, דווקא הוצאת האש המלאכותית היא הכוח המביא ומבטיח לאדם את שלטונו האמיתי על העולם הגשמי. רק על ידי האש עושה לו האדם את כלי מלאכתו וחודר אל תוך תוכם של החומרים, מפרידם ומעצבם. לפיכך אנחנו מבינים, מדוע הוציא הכתוב את ההבערה, כסוג של מלאכה, מכל שאר אבות המלאכות. לפי דעת אחת (שבת ע ע"א) "הבערה ללאו יצאת", כלומר הבערה אינה אלא "לאו", ואינה כלולה בין שאר המלאכות שלפי דברי הפסוק הקודם עונשם מיתה. לפי דעה אחרת (שם), שנתקבלה להלכה, "הבערה לחלק יצאת", כלומר הבערה היא דוגמה לכל שאר המלאכות.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: מצד אלו מקבוצות מלאכות מוגדרת כמקלקל במעשה ואיזו בתוצאה [אלא אם כן זה לצורך מצומצם מאוד, קרי הכנת פחמים?])
שו"ת אבני נזר או"ח סימן רלח, א:
כתב הרב מלאדי בשלחן ערוך שלו סימן תצה בקונטרס אחרון וזה לשונו: הנה אף על פי והמבעיר אינו חייב אלא אם כן צריך לאפר, אף על פי כן עיקר החיוב אינו משום שריפת וכליון העצים אלא משום ריבוי האש. ומילתא דפשיטא למרן זצללה"ה מיבעיא לי... ויש להביא ראי' דעיקר הבערה כילוי הדבר... וכן נראה לי שהמלאכה בשמן המתבער.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
מי טל, מבעיר, ו:
הנה יש להסתפק היכא שישנו אש גדולה והאדם עושה מעשה הגורמת להקטין האש ועי"ז יהי' האש דולק זמן מרובה יותר... והאדם לוקח ומפריד העצים מהמדורה וכוונתו כדי שעי"ז יתקטן האש ולא יבער במהירות כ"כ... והנראה לומר בזה דדבר זה תלוי ביסוד החקירה במלאכת הבערה אם חיובה משום מעשה התחדשות האש או משום מעשה ביטול מציאות דבר הנשרף דאם נאמר דחיוב הבערה הוא משום ביטול וכליון העצים שנעשה ע"י האש הנה לפי זה נראה בפשטות דבנדו"ד ליכא משום הבערה [דאורייתא] דאף שגרם שיהי' האש דולק יותר זמן אבל מ"מ הרי לא הוסיף על ידי זה שום כליון וביטול העצים יותר... משא"כ אם נאמר דחיובה דמלאכת הבערה... הוא משום מעשה התחדשות האש שנתחדש ונתוסף ע"י ההבערה... דהרי ע"י מעשה האדם... גורם שיהיה האש דולק יותר זמן.
איך אפשר להסביר את החקירה על פי הכיוונים דלעיל?
מי טל, מכבה, ג:
יש לעיין היכא דישנו נר הדולק ובו פתילה אחת והאדם מוסיף בהנה עוד פתילות כדי להגדיל האש ועל ידי זה יהיה נשרף השמן שבנר יותר במהירות וכוונתו בזה כדי שהנר יכבה יותר במהירות.
איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
מכה בפטיש
תוספות יום טוב שבת ז, ב ד"ה 'והמכה בפטיש':
והמכה בפטיש – פירש הר"ב שכן אומן מכה בסדן בשעת גמר מלאכה וכו'. וכן פירש רש"י, וכתב הר"ן ולא מיחוור דהא בפ' הבונה (דף ע) תנן המסתת והמכה בפטיש ועלה קתני סיפא [רשב"ג אומר] אף המכה בקורנס על הסדן בשעת גמר מלאכה אלמא דלאו היינו המכה בפטיש אלא עיקרן של דברים כפירוש רבינו חננאל ז"ל שפי' וכו' עכ"ל ולפירש"י והר"ב דבריש פרק יב ומ"ש שם בשם התוס' נמי ניחא.
מי טל, מכה בפטיש, ב:
שנתבאר בדברינו שישנם ב' דינים במכה בפטיש. הא' מכה בפטיש דהוי גמר מלאכה בהנפעל בהחפצא דהכלי וכיו"ב... והב' דין מכה בפטיש שלא נפעל כלום בהעולם [היינו בדפוס] אבל יסודו רק דין גמר מלאכה בנוגע להגברא לבד והיינו דכיון שהדרך הוא לעשות כך לראות היאך נזדמנה תכלית פעולתו.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?
אמר רבי שמעון בן לקיש: הצר צורה בכלי, והמנפח בכלי זכוכית - חייב משום מכה בפטיש.
The Gemara wonders: Is that to say according to Rav, that due to dyeing, yes, he is liable; due to taking a life, no, he is exempt? Rather, emend Rav’s statement and say: He is liable due to dyeing as well. And Rav said: I will say something as an explanation with regard to the statement I said, so that later generations will not come and laugh at me: In what sense is dyeing a desired consequence for him? It is desired that the area of the slaughter will be inundated with blood, so that people will see it freshly dyed and come to purchase fresh meat from him. Therefore, the one slaughtering the animal also wants its neck dyed. We learned in the mishna, among those liable for performing primary categories of labor: And one who salts it and one who tans it. The Gemara asks: The prohibited labor of salting is the same as the prohibited labor of tanning, i.e., salting is a stage in the tanning process. Rabbi Yoḥanan and Reish Lakish both said: Remove one of them and replace it with drafting. In their opinion, the labor of drafting, drawing lines on the hide to indicate where it should be cut, should replace salting in the list of thirty-nine labors. Rabba bar Rav Huna said: One who salts meat on Shabbat to preserve it is liable due to the labor of tanning. Rava said: There is no tanning with regard to food. No action taken with food falls into this category. Rav Ashi said: And even Rabba bar Rav Huna said it falls into the category of tanning only when he needs to pack the meat for a trip and salts it thoroughly. However, to eat in the house, a person does not render his food inedible, tantamount to a piece of wood. In that case, he certainly would not salt the meat to a degree that would approximate tanning. We learned in the mishna, among those liable for performing primary categories of labor: And one who smooths it and one who cuts it. Rabbi Aḥa bar Ḥanina said: One who rubs the hide between the pillars on Shabbat, i.e., places the skin between pillars made for that purpose (Rav Hai Gaon) and rubs it between them, is liable due to the labor of smoothing. Rav Ḥiyya bar Abba said: Rav Ashi told me three statements in the name of Rabbi Yehoshua ben Levi: One who planes the tops of posts on Shabbat to make them even is liable due to the labor of cutting, due to his insistence that they all be equal. One who spreads a bandage onto a wound on Shabbat is liable due to the labor of smoothing. And one who chisels a stone on Shabbat is liable due to the labor of striking a blow with a hammer, as he thereby completes work on the stone. Rabbi Shimon ben Kisma said that Rabbi Shimon ben Lakish said: One who engraves a figure onto an earthenware vessel and one who blows in order to craft a glass vessel is liable due to the labor of striking a blow with a hammer. Rav Yehuda said: One who removes protruding, irregular threads from a cloak is liable due to the labor of striking a blow with a hammer. And that applies only if he is particular about them and would not wear the garment until all protruding threads are removed. In that case, work on the garment is not complete until the threads are removed. We learned in the mishna, among those liable for performing primary categories of labor: And one who writes two letters. The Sages taught: One who wrote one large letter, and in its space there is room to write two, is exempt, as he wrote only one letter. However, one who erased one large letter, and in its space there is room to write two, is liable. Rav Menaḥem, son of Rabbi Yosei, said: And that is a greater stricture with regard to erasing than with regard to writing. Although greater stringency is usually accorded to creative acts, here the destructive act of erasing is more stringent. Although he erased only one letter, he made room for two, which is the essence of the prohibited labor. We learned in the mishna, among those liable for performing primary categories of labor: One who builds and one who dismantles; one who extinguishes and one who kindles; and one who strikes a blow with a hammer. With regard to the labor of striking a blow with a hammer, it is Rabba and Rabbi Zeira who both stated a principle: One who performs any action on Shabbat that contains an element of completion of work is liable for the labor of striking a blow with a hammer. The mishna concludes: These are the primary categories of labor. The Gemara explains that the emphasis on the word these, indicating these and no others, comes to exclude the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category under which it is subsumed. Rabbi Eliezer deems one who performs two prohibited labors, a primary category and its subcategory, liable to bring two sin-offerings. In his opinion, one who unwittingly performed all the labors in one lapse of awareness would be liable to bring more than thirty-nine sin-offerings. Therefore, the mishna emphasizes that there are only thirty-nine primary categories of prohibited labor, and one could not possibly be liable to bring a greater number of sacrifices. When the mishna repeats that the labors number forty-less-one, that is to exclude the opinion of Rabbi Yehuda. As it was taught in a baraita: Rabbi Yehuda added lining up the threads of the warp and beating the threads of the woof to the list of primary categories of labor. They said to him: Lining up is a subcategory subsumed under the primary category of stretching the threads of the warp within the loom, since both involve arranging the threads of the warp. Beating is subsumed under the primary category of weaving. The mishna teaches that there are no more than thirty-nine primary categories of labor. MISHNA: And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain. GEMARA: With regard to the principle in the mishna: Anything fit to store, the Gemara asks: What does it come to exclude? In the opinion of the tanna, what is not fit for storage? Rav Pappa said: It comes to exclude the blood of a menstruating woman. Mar Ukva said: It comes to exclude the wood of a tree designated for idolatry [ashera]. Since one may derive no benefit from a tree designated for idolatry, it has no monetary value. The Gemara explains these opinions: The one who said that blood of a menstruating woman is not fit for storage, all the more so that the wood of an ashera is unfit, as, by Torah law, one is required to destroy it. However, according to the one who said that the wood of an ashera is unfit for storage, the blood of a menstruating woman is fit, as one stores it to feed to the cat. Although it is not typically stored, it does have some use. And the other, who holds that the blood of a menstruating woman is not fit for any use, isn’t it fit for use as cat food? In his opinion, since feeding a person’s blood to an animal weakens that person, one does not store it. Rabbi Yosei bar Ḥanina said: All of these objective criteria mentioned in our mishna are not in accordance with the opinion of Rabbi Shimon, as, if one would attempt to say that the mishna is in accordance with the opinion of Rabbi Shimon, didn’t he say: The Sages in the mishna only stated all these fixed measures for items carried out with regard to those who store them? Only one who stores those items is liable for carrying them. However, one who does not store the item, and for whom it is insignificant, is not liable even if that item met the measure for liability delineated in the mishna. We learned in the mishna: And anything not fit to store, that is too insignificant to warrant storage, only one who stores it is liable for carrying it out.
מי טל, מכה בפטיש, כב:
והיינו דאזלי בזה לשיטתייהו דרבינו חננאל ז"ל ס"ל דיסוד החיוב בניפוח הראשון שנעשה כלי עי"ז הוא משום מלאכת בונה כיון שזה הוי עיקר בנין הכלי ובע"כ דהגמרא דמחייב לה משום מכה בפטיש מיירי מניפוח האחרון אחר שנעשה כלי ולכן פירש דיסוד חיובו משום חלות שם גמר מלאכה דבזה. משא"כ הגאון ז"ל ורבינו האי גאון ז"ל דס"ל שאין חיוב בונה על עשיית הכלי אלא הרי זה נכלל בהתולדה דמכה בפטיש כיון שדומה להאב בהך פעולה דלמתח ולהמשך הכלי ולכן שפיר פירשו דהוי גם בניפוח הראשון יסוד חיובו לא משום שם גמר מלאכה אלא משום שדומה להאב בעצם הפעולה.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?

מלאכת הוצאה

הוצאה
יציאות השבת שתים שהן ארבע בפנים ושתים שהן ארבע בחוץ, כיצד: העני עומד בחוץ ובעל הבית בפנים, פשט העני את ידו לפנים ונתן לתוך ידו של בעל הבית, או שנטל מתוכה והוציא - העני חייב ובעל הבית פטור. פשט בעל הבית את ידו לחוץ ונתן לתוך ידו של עני, או שנטל מתוכה והכניס - בעל הבית חייב והעני פטור. פשט העני את ידו לפנים ונטל בעל הבית מתוכה, או שנתן לתוכה והוציא - שניהם פטורין. פשט בעל הבית את ידו לחוץ ונטל העני מתוכה, או שנתן לתוכה והכניס - שניהם פטורין.
MISHNA: The acts of carrying out from a public domain into a private domain or vice versa, which are prohibited on Shabbat, are primarily two basic actions that comprise four cases from the perspective of a person inside a private domain, and two basic actions that comprise four cases from the perspective of a person outside, in a public domain. The mishna elaborates: How do these eight cases take place? In order to answer that question, the mishna cites cases involving a poor person and a homeowner. The poor person stands outside, in the public domain, and the homeowner stands inside, in the private domain. The poor person lifted an object in the public domain, extended his hand into the private domain, and placed the object into the hand of the homeowner. In that case, the poor person performed the prohibited labor of carrying from the public domain into the private domain in its entirety. Or, the poor person reached his hand into the private domain, took an item from the hand of the homeowner, and carried it out into the public domain. In that case, the poor person performed the prohibited labor of carrying out from the private domain into the public domain in its entirety. In both of these cases, because the poor person performed the prohibited labor in its entirety, he is liable and the homeowner is exempt. The mishna cites two additional cases. In these, the prohibited labor is performed by the homeowner, who is in the private domain: The homeowner lifted an item in the private domain, extended his hand into the public domain, and placed the object into the hand of the poor person. In that case, the homeowner performed the labor of carrying out from the private domain into the public domain in its entirety. Or, the homeowner reached his hand into the public domain, took an object from the hand of the poor person, and carried it into the private domain. In that case, the homeowner performed the labor of carrying from the public domain into the private domain in its entirety. In both of those cases, because the homeowner performed the prohibited labor in its entirety, he is liable and the poor person is exempt. There are four additional cases where neither the homeowner nor the poor person performed the labor in its entirety, and therefore neither is liable: The poor person extended his hand into the private domain and either the homeowner took an object from his hand and placed it in the private domain or the homeowner placed an object into the hand of the poor person, and the poor person carried the object out into the public domain. In those cases and the two that follow, the act of transferring the object from one domain to another was performed jointly by two people, the poor person and the homeowner. Because each performed only part of the prohibited labor, both of them are exempt. So too, in a case where the homeowner extended his hand into the public domain and, either the poor person took an object from the homeowner’s hand and placed it in the public domain or the poor person placed an object into the homeowner’s hand and the homeowner carried the object into the private domain. Because each performed only part of the prohibited labor, both of them are exempt. GEMARA: We learned in our mishna: The acts of carrying out on Shabbat are two that comprise four. Similarly, we learned in the mishna there, in tractate Shevuot: Oaths on a statement, which, when violated, render one liable to bring a sin-offering are two that comprise four. The first two cases, which are mentioned explicitly in the Torah, are: One who swore that he would perform a specific action in the future and one who swore to refrain from performing said action. Based on an amplification in the language of the Torah, two more cases are added: One who swore that he performed a specific action in the past and one who swore that he did not perform said action.
הוצאה גופה היכא כתיבא? אמר רבי יוחנן: דאמר קרא ויצו משה ויעבירו קול במחנה. משה היכן הוה יתיב - במחנה לויה, ומחנה לויה רשות הרבים הואי, וקאמר להו לישראל: לא תפיקו ותיתו מרשות היחיד דידכו לרשות הרבים. וממאי דבשבת קאי, דילמא בחול קאי, ומשום דשלימא לה מלאכה? כדכתיב והמלאכה היתה דים וגו'. גמר העברה העברה מיום הכפורים. כתיב הכא ויעבירו קול במחנה וכתיב התם והעברת שופר תרועה, מה להלן - ביום אסור, אף כאן - ביום אסור. אשכחן הוצאה, הכנסה מנלן? סברא היא, מכדי מרשות לרשות הוא, מה לי אפוקי ומה לי עיולי? מיהו, הוצאה - אב, הכנסה - תולדה.
GEMARA: With regard to the main issue, the Gemara asks: After all, throwing is a subcategory of carrying out. Where is the primary category of prohibited labor of carrying out itself written in the Torah? Isn’t it necessary to clarify the primary category before discussing the subcategory? Rabbi Yoḥanan said: As the verse said: “And Moses commanded, and they passed a proclamation throughout the camp saying: Neither man nor woman should perform any more work to contribute to the Sanctuary; and the people stopped bringing” (Exodus 36:6). According to Rabbi Yoḥanan, Moses commanded the people to cease bringing contributions in order to prevent them from bringing their contributions on Shabbat. He then explains: Where was Moses sitting? He was in the camp of the Levites, and the Levites’ camp was the public domain. And he said to Israel: Do not carry out and bring objects from the private domain, your camp, to the public domain, the camp of the Levites. The Gemara asks: And how do you know that he was standing and commanding the people on Shabbat? Perhaps he was standing during the week, and Moses commanded the cessation of contributions because the labor of the Tabernacle was completed, since all the necessary material was already donated, as it is written: “And the work was sufficient for them for all of the work to perform it, and there was extra” (Exodus 36:7). Rather, derive this by means of a verbal analogy between passing mentioned in this context and passing mentioned with regard to Yom Kippur. It is written here, with regard to the Tabernacle: “And they passed a proclamation throughout the camp,” and it is written there, with regard to Yom Kippur: “And you shall pass a blast of a shofar on the tenth day of the seventh month, on Yom Kippur you shall sound a shofar throughout your land” (Leviticus 25:9). Just as there, with regard to the shofar of the Jubilee Year, passing is on a day on which it is prohibited to perform labor, so too, here passing is on a day on which it is prohibited to perform labor. The Gemara asks: We found a source prohibiting carrying out from a private domain into the camp of the Levites. From where do we derive that carrying in is also considered a prohibited labor? The Gemara answers: It is a logical inference. After all, carrying is from one domain to another, so what difference is there to me whether it is carrying out or carrying in? Carrying from one domain to another is prohibited; the direction in which the object is carried makes no difference. However, carrying out is a primary category, while carrying in is a subcategory, as it is not stated explicitly in the biblical text. The Gemara now questions the distinction between primary categories and subcategories of labor. After all, one is liable for this, carrying out, and one is liable for that, carrying in. Why is this called a primary category, and why is this called a subcategory? What is the point of the distinction? The Gemara answers: The practical ramification is that if one performs two different primary categories together, or alternatively, if one performs two subcategories of two different primary categories together, he is liable to bring two sin-offerings. And if one performs a primary category of labor together with its own subcategory, he is liable to bring only one sin-offering. The Gemara further asks: And according to the opinion of Rabbi Eliezer, who renders one liable for the performance of a subcategory of prohibited labor when performed together with a primary category, why is this called a primary category, and why is this called a subcategory? The Gemara answers: According to him, that which was a significant labor in the Tabernacle is called a primary category; that which was not a significant labor in the Tabernacle is not called a primary category. Alternatively, perhaps that which is written explicitly in the Torah is called a primary category, and that which is not written explicitly in the Torah is called a subcategory. And as for the halakha that we learned in a mishna: With regard to one who throws an object on Shabbat a distance of four cubits in the public domain and it lands on a wall, if the wall was higher than ten handbreadths, it is as if he threw it into the air, and he is exempt. If the wall was lower than ten handbreadths, it is as if he threw it onto the ground, and one who throws an object a distance of four cubits onto the ground in the public domain is liable. The Gemara asks: If one threw an object four cubits in the public domain, and it did not go from one domain to another, from where do we derive that he is liable? The Gemara answers: Rabbi Yoshiya said: Because the weavers of the tapestries in the Tabernacle throw their needles to each other when they need to borrow the other’s needle. Throwing was a labor performed in the Tabernacle; therefore, one is liable for performing it. The Gemara wonders: Why do weavers need needles? Rather, emend the statement to say: Because those who sewed the tapestries throw their needles to each other. The Gemara asks: Is it clear that they had to throw needles to each other? Perhaps they sat next to each other. The Gemara answers: It is clear that they kept their distance from each other. If they sat too close, they would reach each other and hurt one another with their needles. The Gemara asks: Perhaps, even though they kept their distance, they sat within four cubits of each other, and they would not throw the needles farther than that. In the absence of proof of their sitting arrangement, this halakha cannot be derived from those who sewed the tapestries. Rather, Rav Ḥisda said: Throwing an object four cubits in the public domain is prohibited because the weavers of the tapestries in the Tabernacle threw the shuttle, to which the thread of the warp was tied on the tapestry. Weaving entails throwing the thread of the warp through the threads of the woof. The Gemara asks: That is not actually throwing, as didn’t the weaver hold the end of the thread in his hand? One is not liable for throwing an object when part of it remains in his hand. Rather, this must be referring to the final throw, when the weaving was finished and the weaver released the thread from his hand. The Gemara asks: Doesn’t the shuttle go in an exempt domain? The tapestry was less than four handbreadths wide, rendering it an exempt domain even though it is four cubits long. One who throws in an exempt domain is exempt. Rather, it is because the weavers of tapestries throw the shuttle to those who seek to borrow it from them. The Gemara asks: But perhaps they sat next to each other? The Gemara answers: That is impossible because they would reach one another and disturb one another when tightening the thread at the end of the tapestry. The Gemara asks: And perhaps they were not in a straight line but staggered. That would enable the weavers to sit adjacent to each other without disturbing each other’s work. And furthermore, did they borrow from each another? Wasn’t the following taught in a baraita of the Sage Luda? The verse states: “And all the wise men who performed all of the work of the Sanctuary came, each one from the work he was doing” (Exodus 36:4). From that verse it is derived: Each performed the labor from his own work, and they would not perform the labor from their friends’ work. Each person had his own tools and did not need to borrow from others. And furthermore, the Gemara asks: Even if the halakha of throwing was derived from here, from where do we derive that one who carries an object four cubits in the public domain is liable? Rather, apparently, this halakha is not derived from the labor performed in the construction of the Tabernacle. Rather, all the halakhot related to carrying four cubits in the public domain are learned through tradition and not derived from the text. Rav Yehuda said that Shmuel said: The wood gatherer who was sentenced to death for desecrating Shabbat (see Numbers 15:33–36) was one who carried four cubits in the public domain. He was stoned for performing the prohibited labor of carrying. It was taught in a baraita: He was one who detached still-growing branches. He was stoned for performing the prohibited labor of detaching. Rav Aḥa, son of Rabbi Ya’akov, said: He was one who gathered sticks together into a pile. The Gemara asks: What is the practical ramification of determining precisely which prohibited labor the wood gatherer performed? The Gemara answers: The ramification is with regard to the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya. And in it, it is written that Isi ben Yehuda says: The number of primary categories of labor prohibited on Shabbat is forty-less-one. And if one performed all of them in the course of one lapse of awareness, he is liable to bring only one sin-offering. The Gemara asks: One and no more? We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. This citation from the hidden scroll cannot be accurate. Rather, emend this statement in the hidden scroll and say that one is not liable for one of them. There is a primary category of labor among the thirty-nine primary categories of prohibited labor whose violation does not incur the death penalty. The identity of this category that is not punishable by death was not specified. It is obvious to Rav Yehuda that one who carries four cubits in the public domain is liable to receive the death penalty. And it is obvious to the baraita that one who detaches is liable to receive the death penalty. And it is obvious to Rav Aḥa bar Ya’akov that one who gathers is liable to receive the death penalty. In other words, this Master maintains: With regard to this labor, in any case, there is no uncertainty. And this Master maintains: With regard to that labor, in any case, there is no uncertainty. Each Sage maintains that the prohibited labor that he attributed to the wood gatherer incurs the death penalty and is certainly not the labor referred to in the hidden scroll. On the topic of the wood gatherer, the Gemara cites that which the Sages taught in a baraita: The wood gatherer mentioned in the Torah was Zelophehad, and it says: “And the children of Israel were in the desert and they found a man gathering wood on the day of Shabbat” (Numbers 15:32), and below, in the appeal of the daughters of Zelophehad, it is stated: “Our father died in the desert and he was not among the company of them that gathered themselves together against the Lord in the company of Korah, but he died in his own sin, and he had no sons” (Numbers 27:3). Just as below the man in the desert is Zelophehad, so too, here, in the case of the wood gatherer, the unnamed man in the desert is Zelophehad; this is the statement of Rabbi Akiva. Rabbi Yehuda ben Beteira said to him: Akiva, in either case you will be judged in the future for this teaching. If the truth is in accordance with your statement that the wood gatherer was Zelophehad, the Torah concealed his identity, and you reveal it. And if it the truth is not in accordance with your statement, you are unjustly slandering that righteous man.
אמר רבי יוסי: עני ועשיר אחד הן ומנו אותן חכמים שנים, הכנסה והוצאה אחד הן ומנו אותן חכמים שנים.
MISHNAH: There are two [kinds] of transport on the Sabbath which are four [kinds] inside, and two [kinds] which are four [kinds] outside1On the Sabbath it is forbidden to move any load from a private to the public domain (or for a distance of at least 4 cubits in the public domain.) Inside a private domain there are no restrictions unless the article may not be moved at all. While any transport between domains is forbidden, it is a prosecutable offense only if there is a completed action, i. e., one person lifted the item up, transported it, and put it down. This applies both to transport from the private domain to the public one (“inside”) and vice versa (“outside”). In each case, the transport may be effectuated either by the person inside or the person outside (in which case the person is prosecutable but the person standing in the other domain is not involved) or it may be taken up by one person, taken over while moving by another person who then puts it down. In this case both participants have sinned but are not prosecutable. The possible cases are enumerated in Mishnaiot 1–4. “Liable” and “not liable” refer both to the possibility of prosecution for intentional Sabbath desecration and the obligation of a purification sacrifice in the case of unintentional infraction.. How is this? The poor man stands outside and the householder inside. If the poor man stretched out his hand inside and delivered into the householder’s hand or took something from it and brought it outside, the poor man is liable but the householder is not liable.
If the householder stretched out his hand outside and delivered into the poor man’s hand or took something from it and brought it inside, the householder is liable but the poor man is not liable.
If the poor man stretched out his hand inside and the householder took from it or gave into it and he then took it out, neither is liable.
If the householder stretched out his hand outside and the poor man took from it or gave into it and he then took it in, neither is liable. HALAKHAH: 25For this and the following paragraphs there exists a reasonably complete Genizah text (G) edited by L. Ginzberg (שרידי ירושלמי New York 1909 p. 62). A slightly garbled parallel is in Ševuot 1:1, explained there in Notes 5–20. The Notes here are restricted to references and short explanations.“Export on the Sabbath,” etc. What means “two which are four”? Two which are four for liability and two which are four for no liability, or four for liability and four for no liability? Let us hear from the following26Mishnah Ševuot 1:1.: “There are two kinds of oaths which are four kinds.” Rebbi Abba said, there all are about liability, but here we come to state both liability and no liability27For R. Abba, there is a difference between the Mishnaiot in Šabbat and Ševuot in that in the case here at least one person involved always is not liable whereas in Ševuot only one person is mentioned and all cases are of liability. For R. Yose, the parallel is only that of Mishnaiot 1–2, not 3–4. Each Mishnah describes two cases of liability; these are two covering in all four cases of liability as in Ševuot 1:1.. This implies four of liability and four of no liability. Rebbi Yose said, the Mishnah says so, “there are two kinds of oaths which are four kinds,” not because of liability? And similarly, “there are two kinds of export on the Sabbath which are four kinds,” because there is liability. But was it not stated28Mishnah Middot 4:1. The Mishnah is purely descriptive of the construction of Herod’s Temple; the notions of liability or no liability are inappropriate., “the doors of the Temple hall were two which are four?” Can you say, liability and no liability? Should we state twelve cases of no liability29There are four cases in the Mishnah where one party is liable and the other is not involved. Then there are four cases in which both parties are involved but nobody is criminally liable. One might construct another four cases where nobody is liable; e. g., if the poor man reaches into the house, picks something up, which the householder then takes from his hand and deposits outside.? We only come to state cases of no liability which correspond to cases of liability. Rebbi Ḥiyya bar Abba said, what is this “no liability” which we stated here? Permitted30Since in Mishnaiot 1–2 only one person acts, it is inappropriate to apply the label “not liable” to the other person. Babli 2b/3a.! Rebbi Yose said, the poor man and the rich man are one but the Sages counted them as two. Bringing in or taking out are one but the Sages counted them as two31In G, Ševuot 1:1, editio princeps, and a quote in RITBA Ševuot 1:1: “Taking out or bringing in are two but the Sages counted them as one.” As noted later in this paragraph, taking out is called work by Jeremiah (which cannot be used as a legal text but is confirmation of the interpretation of the law) whereas bringing in is only forbidden by the argument that taking out from A to B is bringing in to B from A.. Taking out on the Sabbath does not include bringing in; if one exports from one domain to the other, does this not include the one who imports? Let us hear from the following, as Rebbi Yasa said in the name if Rebbi Joḥanan: Somebody who brings in half the size of a dried fig and takes out half the size of a dried fig is liable32Even an intrinsic liability can be prosecuted only if a minimal amount was transported, which for food is determined as the size of a dried fig (Chapters 7–8). Since taking out and bringing in small quantities are to be combined, taking out and bringing in are representatives of one and the same action, viz., transporting.. And from where that taking out is called work? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan33In Ševuot 1:1 and the Babli (6b): R. Joḥanan; quoted without attribution by R. Ḥananel Šabbat 3b; in a number of Medieval sources R. Jonathan. understood it from the following34Ex. 36:6. Babli 96a.: Moses ordered, they made a public proclamation in the camp as follows, men or women should no longer do work to contribute to the sanctuary. The people refrained from taking objects out from their houses to give them to the collectors. Rebbi Ḥizqiah35Missing in Ševuot. In G, R, Aḥa in the name or R. Ila; in Sefer Haˋittim (ed. Mekize Nirdamim p. 300) R. Aḥa in the name of R. Ḥiyya. In Sefer Miṣwot Gadol #65, (part 1, fol. 17a in Venice edition) R. Ḥiyya in the name of R. Aḥa. in the name of Rebbi Ila: You even understand bringing in from this. Just as the people refrained from taking objects out of their houses to give to the collectors so the collectors did not accept anything from them to bring into the office. Rebbi Ḥizqiah in the name of Rebbi Aḥa understood everything from the following36Jer. 17:22.: do not bring out any load from your houses on the Sabbath day, and perform no work. 37For this and the next paragraph there also exists an additional Genizah text (ג) also edited by L. Ginzberg, loc. cit. p. 64. Rebbi Yasa in the name of Rebbi Joḥanan: If one brought in half a dried fig and took out half a dried fig he is liable38Here and in the following, “liable” only refers to the obligation to bring a purification sacrifice in case of unintentional infraction of the Sabbath rules. Since an intentional sin cannot be atoned for by a sacrifice (Num. 16:30), a sacrifice is possible only if the perpetrator was oblivious either of the fact that the act was forbidden or, in the case of the Sabbath, that the day was a Sabbath. Sins committed during different periods of oblivion require different sacrifices. In addition, the prohibition of work on the Sabbath is not a single prohibition but, as explained in Chapter 7, a set of 39 different prohibitions, each with different minima of forbidden work which trigger the obligation of a sacrifice. Minimal infractions of different prohibitions do not combine to produce the obligation of a sacrifice. On the other hand, infractions which are subsumed under the same prohibition, even if one is clearly biblically prohibited (אַב מְלָאכָה “a master work” such as transporting from a private to the public domain) and one which is classified by a logical argument as belonging to the same class (תּוֹלְדָה “a derivative”, as transporting to the private domain) do combine to create the obligation of a sacrifice.. What Rebbi Joḥanan said does not follow Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim., as it was stated40Babli 80b, Bava batra 55b, Keritut17a. The first part is a Tosephta, ed. Liebermann 9:11, ed. princeps 10:7.: “If one took out half a dried fig and again took out half a dried fig during one period of oblivion, he is liable; during different periods of oblivion he is not liable. Rebbi Yose said, during one period of oblivion and one domain he is liable, during one period of oblivion and two domains or during two periods of oblivion and one domain he is not liable.41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.)” We find this difficult. If two different transorts do not combine following Rebbi Yose, a fortiori also not bringing in and taking out42The argument is not convincing since transporting into is a derivative of transporting from. R. Yose still could hold that the actions combine to create liability if the domains involved are the same.? Therefore what Rebbi Joḥanan said could not follow Rebbi Yose. Rebbi Ila said, not only if two doors open to two public roads43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב. but even if they open to the same public road will Rebbi Yose agree44Since it is assumed that each private house has only one door to the street, there are two different private domains involved; the transgressions do not combine for R. Yose., for Rebbi Yose compares domains to periods of oblivion in matters of liability45Different domains from which transport starts or where transport ends are like different periods of oblivion for which no common purification sacrifice is possible by biblical standards.. Just as Rebbi Yose compares domains to periods of oblivion in absence of liability so Rebbi Yose compares domains to periods of oblivion in matters of liability46Clearly the correct text is that of G: “Just as Rebbi Yose compares domains to periods of oblivion in matters of liability so Rebbi Yose compares domains to periods of oblivion in absence of liability.” The fact that incomplete actions in two different periods of oblivion do not combine to create the liability (or possibility) of a sacrifice is only a corollary to the statement that all infractions of the same kind committed during the same period of oblivion are atoned for by one single sacrifice.. For if he took out the volume of a dried fig through this door and the volume of a dried fig through that door in one period of oblivion is he not liable twice47For R. Yose, who negates the possibility of any sacrifice if the amounts each time are insufficient. For the anonymous majority, the situation is the opposite; two transports of insufficient quantities from two domains combine to create liability for a sacrifice but transports of greater quantities from different domains in one period of oblivion are atoned for by a single sacrifice.? 48This paragraph and the next also appear in Horaiot 3:3 (Notes 66–72) in a different context. (R. Yose mentioned there is the fifth generation Amora). Rebbi Yudan said, Rebbi Yose compares domains to eating slices49This refers to sacrifices due for eating forbidden food. Since purification sacrifices are due only for transgressions punishable at least by extirpation (Mishnah Horaiot 3:7), the only example of such solid food is forbidden fat. A sacrifice for inadvertent consumption of forbidden fat is due if at least the volume of an average olive was eaten in the time needed to eat a slice of bread. The slice is defined (Tosephta Negaˋim 7:10) as half a loaf when three loaves are baked from a kav of flour (about 35 cl). For if one ate the volume of half an olive during the time needed to eat one slice and another volume of half an olive in the time needed to eat another slice, is he not free from liability? If one ate several volumes of olives during several times needed to eat a slice in one period of forgetting, he is liable only once. 50Cf. Horaiot 3:3 Note 70. The rabbis of Caesarea object to comparing the rules of the Sabbath to any other biblical prohibition. Mishnah 13:1 states that weaving is forbidden and the threshold for an action requiring a purification sacrifice is weaving two threads. For the majority, weaving two threads in one oblivion triggers the obligation of a sacrifice, for R. Yose only if the two rows were added to the same piece of cloth. The rabbis of Caesarea say, before you compare this to fat, compare it to the rules of Sabbath itself. For if one was weaving one thread on this piece of cloth and weaving one thread on that piece of cloth, is he not free from liability? If he wove several threads on several pieces of cloth in one period of oblivion he is liable only once. Rebbi Yose in the name of Rebbi Joḥanan: The one who takes out is not liable until he put it down51As explained in Note 1, the Sabbath is desecrated only by a complete action, lifting up, transporting from one domain to another, and depositing. If the last act is missing, there was no punishable desecration.
The tradent R. Yose is the fifth generation Amora.
. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: Unless he take up and put down. Rebbi Zeˋira required, unless he take it up with the intention to put it down52This is a necessary clarification of the preceding statement. Not only must there be a complete action, but all three parts must be executed with the intent to perform the action. In Ex. 35, the prohibition of work on the Sabbath is repeated (vv. 1–3) as part of the commandment to build the Tabernacle (vv. 4–35). In 35:33, the construction of the Tabernacle is described as “thinking work”. It is concluded that only “thinking work” is punishable (criminally or by a sacrifice) as desecration of the Sabbath. In the special case of transporting, there is desecration only if the three parts are done with compatible intent, if the lifting up was intended to be followed by a putting down.. Not if he lifted it to eat and then changed his mind to put it down53It is perfectly legitimate to take food to eat in the domain where it was at the start of the Sabbath. If the first stage of a transport was executed in a perfectly permitted way based on a true thought, it never can become the first leg in a criminal transport. While the change of intent and the following action were forbidden and sinful, there can be no criminal or sacrificial liability attached to them. (As statement of R. Joḥanan himself, Babli 5b, Eruvin 20b, Ketubot 31a).. What Rebbi Joḥanan said does not follow Rebbi Yose, as it was stated54An anonymous baraita following the statement here attributed to R. Yose is Tosephta 9:11(ed. S. Liebermann); the first part Babli 80a.
Since in the public domain one is only permitted to move things by a distance of less than four cubits, things farther away are as in two different domains. If each transport was less that a minimal amount, the actions cannot be combined.
: “If he took out half the volume of a dried fig and put it down, and then took out another volume of half a dried fig. If he put it down within four cubits of the first piece he is liable, otherwise he is not liable. Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim. said, if he transported it over it, he is liable, otherwise he is not liable.” Rebbi Yose considers the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
. Just as Rebbi Yose considers the person walking as if he was putting down for liability so he considers the person walking as if he was putting down for non-liability. When he took it out he is considered having put it down; then he should be free from liability57If the object is considered deposited the moment it was taken out of a private domain by a walking person, then any subsequent motion is a new transport. Since R. Yose (Note 44) only considers combining transports if they originate and terminate in the same domains, the fact that later the second object was transported over the first should be irrelevant.. Explain it if it was put down within four cubits [of the door]58Added from G and ג., as it was stated41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.), “otherwise he is not liable.” Rebbi Abba the son of Rebbi Pappaeus said, explain it if the door was five cubits wide and he brought one out on this side, the other on the other side. Then the second was not taken out within four cubits of the first59For the anonymous Tanna the final place of deposit determines liability; for R. Yose there is no liability if the two paths never were within 4 cubits of one another.. There60Mishnah Keritut 3:4., we have stated: “Rebbi Meïr says, if it was a Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down63Eating may also be done while walking; the Sabbath infraction becomes a liability only when the motion stopped.. Who is “they said to him”? Rebbi Yose64There is no other reference to the fact that the objection to R. Meïr originates with the Tanna R. Yose.! The argument of Rebbi Yose is inverted. There, he does not consider the person walking equal to one who was putting down but here he is considering the person walking equal to one who was putting down65This argument may support Liebermann’s interpretation. Since for R. Yose a person walking is considered stopping at every place, the Sabbath infraction and the desecration of the sacrifice are simultaneous.! Rebbi Yudan said, explain it that he was laying on the threshold66An Accadic word (askuppum). The word describes not only the threshold but also the stairs leading from the road to the house. [Also cf. Latin scapus “post or newel of a circular staircase; main stile of a door on which it hinges” (E. G.)] partially inside, his mouth outside, when he stretched out his hand, took it, and ate it. Then he did not walk67If the piece of fat was lying inside the private domain, the Sabbath violation did not involve any movement of his body; the reference to R. Yose’s opinion about transporting on the Sabbath is irrelevant, as is the explanation given in the preceding sentence. The difference in the status of the required sacrifices is as indicated in Note 62.. Rebbi Yannai said, one who swallowed half the volume of an olive, then threw it up, and again swallowed it, is liable68In the Babli, Ḥulin 103b, statement and supporting argument are by R. Assi (Yasa) in the name of R. Joḥanan. The food swallowed is supposed to be forbidden fat.. But one who brought in half the volume of a dried fig and took it out again, is not liable69This is not the situation discussed in Note 32 where half a fig was brought in and half a fig taken out; in all a whole fig was transported. But here the same half fig was transported twice; neither transport created liability.. What is the difference between this and the first one? There his palate enjoyed the volume of an olive, but here he never dealt with a full volume of a fig. Rebbi Yose said, sometimes a person may be dealing with a full volume of a fig and not be liable. How is this possible? He took out half of the volume of a dried fig70Here starts a new Genizah leaf (G), also edited by L. Ginzberg, loc. cit. p. 65., put it down, again took out half of the volume of a dried fig, but did not manage to put it down before the first one was burned. He was dealing with a full volume of a fig but is not liable71In the Tosephta 9:11 (ed. Liebermann): “If the first half was eaten before the second came to rest he is not liable, whether in one or in two periods of oblivion.” As explained earlier, quantities less than the minimum trigger liability only if they exist together.
The statement is referred to as obvious in the Babli, 80a.
. Because he compared it to forbidden fat he contrived this72This is R. Yose’s explanation of R. Yannai’s statement. Since for fat a single half olive can create liability, there is good reason to formulate R. Yannai’s rule in the way indicated. For the Sabbath, R. Yannai’s statement is unnecessary; it is formulated purely as companion piece to the statement about fat.. Rebbi Joḥanan said, if one exports from a private domain to the public domain through karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, he is liable because of him who carries on his back74Because of the argument presented in the next sentence about the difference of carrying a load in front or back., from the following:75Mishnah 10:4. “One who intends to carry on his front but it turns out that he carried on his back is not liable. On his back and he carried on his front he is liable.76If a person carries valuables, he will want to carry them on his front so as to be in control. If then it happens that he carried them on his back, his action does not actualize his intentions; it does not qualify as “thinking work” (Note 52) and does not trigger liability. But if he intended to carry the load on his back but in fact carried it on his front, he is more in control than he intended; such an improvement qualifies as “thinking work”.” For it is impossible that between him and the wall should not karmelit be created77A person standing close to that wall in the public domain in any case creates karmelit around himself since he bars the access of others to this place. This is formulated in 10:2 as “nothing movable in the public domain creates karmelit except a human.”. Rebbi Yose said, explain it that his face was turned to the wall and his load on his back and so78Instead of “and so” G reads “already”, which results in a smoother text. The person exited the house backwards. his load exited first. Rebbi Ḥiyya bar Abba79G reads: Ada. This reading is the only one possible since R. Ḥiyya bar Abba lived several generations before R. Mana II. asked before Rebbi Mana: But this is not a usual way of carrying out80Work done כִּלְאַחַר יָד “as if with the back of one’s hand” is not “thinking work” and does not create liability.! He told him, professional porters act in this way. But the following implies it, as Rebbi Aḥa, Rebbi Maisha said in the name of Rebbi Joḥanan: “If one carries out foodstuffs and puts them on the threshold.81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”” Is the threshold not karmelit82If the door is open, the threshold belongs to the house; if it is closed it is part of the public domain.? Rebbi Yose was sorry that he had not said this himself. Rav Huna in the name of Rav: Everybody agrees that for throwing one is liable83One continues the discussion of transporting from a private to the public domain or vice-versa through a karmelit region. In the Babli (6a), it is a statement of R. Joḥanan.. It is everybody’s opinion that the air space over karmelit is not like its essence. Where do they disagree? If one carries out. Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai makes the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
but the Sages do not make the person walking as if he was putting down. Rav Ḥisda asked Rav Huna: In Ben Azzai’s opinion nobody ever could become liable for four cubits! Since when he transported something, it is made84In G: “It is considered as if”. as if he put it down within every cubit; he should be not liable85This refers to a person carrying in the public domain. It is a desecration of the Sabbath to carry a load nonstop for at least 4 cubits in the public domain. Since for Ben Azzai every step in walking is considered a stop, it is impossible to carry anything nonstop for 4 cubits. The objection is left without any answer in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307). But in Tosaphot (5b, s.v. בשלמא) the Yerushalmi is quoted as answering that a person still could become liable by jumping.. Rav Jehudah in the name of Rav: Everybody agrees that for carrying out one is not liable. It is everybody’s opinion that walking counts as if one was putting down. Where do they disagree? If one is throwing, for Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai considers the air space over karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there. but the Sages consider the air space over karmelit not like its essence. A baraita supports one and a baraita supports the other. A baraita supports Rav Huna87It would seem obvious that the names “Huna” and “Jehudah” should be switched. But the attributions are identical in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307).: 88A similar text is in Tosephta 10:1 (ed. Liebermann). If he was standing in the public domain and threw over karmelit into a stable or corral, he is liable; but if he carried it he is not liable. A baraita supports Rebbi Jehudah: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if be completed the work at one time he would not be liable. But did we not state: “Rebbi Meïr says, if it was Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down. In the opinion of Rav Huna one is not following Ben Azzai90Since practice follows the opinion of those who “said to him” in Mishnah Keritut3:4, for Rav Huna it is clear that walking is not considered depositing.. In the opinion of Rav Jehudah one follows neither Ben Azzai nor the Sages91Since for Rav Jehudah everybody agrees that walking is considered depositing according to everybody, those who “said to him” seem to be nonexistent.. Rebbi Ḥinena said, who is :they said to him”? The Sages who follow Ben Azzai.92The Tanna R. Yose as explained earlier. Rebbi Joḥanan asked: If he was standing in the public domain, threw, and then caught it, what93Transporting something in the public domain for a distance of at least 4 cubits is a desecration of the Sabbath. Therefore, throwing something a distance of at least 4 cubits creates liability the moment the thrown object touches the ground. The question is whether there is liability if the thrower himself runs and catches the object in the air, at a distance of at least 4 cubits from where it was thrown. Babli 5a.? Is that not a Mishnah94Mishnah 11:7. The thrower did not intend to throw it to another person or to a dog; the object was intercepted. Therefore, the original intent was not fulfilled; there is no liability. If the object was burned in flight, there is no putting down; the action is incomplete and there is no liability even if the original intent was that it should be burned in flight., “if another person caught it, a dog caught it, or it was burned, he is not liable”? Rebbi Samuel in the name of Rebbi Zeˋira: So it is if he snatches; therefore if he caught it he is liable95In the question asked by R. Joḥanan one has to distinguish whether the original intent was that the object should be caught in flight, when there is liability, or whether the object was snatched in flight against the original intent, when there is no liability.. What is the difference between its coming to rest on the ground to coming to rest in his arm? There96In the Mishnah there is liability if the object is a ball thrown from one person to another and the recipient is supposed to catch the ball., why is he liable? There he threw and another one received it but here he threw, he received it97The Mishnah does not directly address R. Joḥanan’s problem.. Should it be obvious for him that he is not liable? Would he not be liable because of his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down. if he threw with his right hand and received with his left? Is his mouth not like another person? Here, his left hand should be like another person99And the legal situation depends on the original intent.. Rebbi Yudan said, it is obvious to Rebbi Joḥanan that he is liable if he threw with his right hand and received with his left. What was his problem? If he threw with his right and and received with his right hand100Throwing from one hand to the other is a normal action but throwing with one hand and receiving with the same has to be classified “as if with the back of one’s hand” (Note 80) and automatically exclude liability.. The rabbis of Caesarea, Rebbi Shammai in the name of Rebbi Aḥa: He101R. Joḥanan. is in doubt whether he is liable even if he threw with his right hand and received with his left. If you want to say “his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down.”, his mouth is like another person since he ate it; but is here his hand like another person102Does it make any difference which hand is used since it always is the same person?? Rebbi Mana asked, if this be so, then even if he exported the volume of a dried fig in both hands he should be not liable because of one action executed by two persons103Therefore it is not possible to distinguish between hands in these matters.! Rebbi Ḥiyya bar Ada said to him, is that when he did it104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.? But was it not stated: An individual who acted is liable, two or three who acted are not liable105Babli 3a,5a; Sifra Wayyiqra I Parashah 7(9).. Rebbi Joḥanan said, if somebody was standing in the public domain, collected rain from the airspace of walls and carried it out, he is liable. Rebbi Abun bar Ḥiyya in the name of Rebbi Zeˋira, it is so if he grabbed it, but if he collected it he is not liable106The statement of R. Joḥanan is made more precise. If somebody opens his hands to collect raindrops, the rain falls into his hand; he does not lift it. Therefore, if he then moves the rain water in his hand, the motion is not complete; he cannot be liable. It must be that he collects the water actively, by wiping it off a wall or a roof. If then he moves away, the motion is complete and he is liable. Babli 5a.. What is the difference between whether another person gave him or if Heaven gave? It follows Rebbi, for Rebbi made the airspace of walls like their substance107This really refers to another situation. If he stands in a room enclosed by 4 walls, for Rebbi anything which enters the airspace of this enclosure is as if it was at rest on the floor. Therefore anything received in his hand is as if taken up from the floor.. If he was standing inside and his hand full of produce was stretched to the outside when the day became holy he is forbidden to take it back108He was in a private domain, his hand stretched out to the public domain, and remained so at sundown of Friday evening. Then the situation is as described in Mishnah 2.. Rebbi Aḥa in the name of Rebbi Abba: following him who said that it is forbidden to use the space below ten [hand-breadths]109Since the numerals are masculine they refer to hand-breadths (טְפָחִים). While in theory private domain extends to an unlimited height, the public domain extends only to a height of 10 hand-breadths. Anything higher is מְקוֹם פְּטוֹר “exempt space”, where unlimited motion and unlimited transfer to private domain is permitted. Therefore the baraita must assume that the outstretched hand was within 10 hand-breadths from the ground.. There are Tannaim who state, it is permitted. They wanted to say, he who says it is permitted if there was four [cubits] of space; but he who says it is forbidden if there was not four [cubits] of space110A room of less that four-by-four cubits is karmelit, not a private domain. Babli 3b.. Rebbi Yose ben Rebbi Abun said, in both cases (it is forbidden)111The word, missing in G, must be deleted as a scribal error since it contradicts the statement which follows. it follows him who said that it is forbidden to use the space below ten [hand-breadths]. What about it? He who says it is forbidden below ten [hand-breadths]; he who says it is permitted, above ten [hand-breadths]112Babli 3b.. Mishnah: “The poor man is liable but the householder is not liable.” Rav Jehudah in the name of Samuel: Only if the poor man’s hand is within ten hand-breadths from the ground113Since otherwise he transports from a private to an exempt domain which does not create liability, Note 109.
The quote of the Mishnah is from Mishnah 1. But from the discussion it seems that here starts the discussion of Mishnah 2, “the householder is liable but the poor man is not liable,” since R. Zeˋira makes a difference whether the poor man receives the item in karmelit or not. But R. Zeˋira must follow R. Joḥanan that carrying through karmelit does not relieve from liability if the object was lifted in a private and deposited in a public domain. But if the householder lifts an object in his house and deposits it in karmelit, he is not liable. This also applies if the poor man is standing close to the house with his face to the house; he stands in karmelit (S. Liebermann).
. Rebbi Zeˋira said, if he is distant four [hand-breadths] from the wall. But if he is not distant four [hand-breadths] from the wall, it is karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
. Rebbi Eleazar in the name of Rebbi Simeon Karsanah: If his face was turned towards the public road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב.. But if his face was turned towards the wall it is karmelit. Rebbi Ḥisda in the name of Ashi113*As shown by G and the quote later in this Chapter (Note 170) one has to read: Rav Ḥisda in the name of Assi.: If a stick stuck in the public domain ten hand-breadths high, anybody who uses anything from in it into the public domain or from the public domain into it is liable114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. Rav said, a leather container115In Mishnah Kelim 24:5, the sources read תרבוס which the Geonic Commentary explains as دُرج “box (for money or jewels)”; the translation follows Maimonides who defines it as a leather box (more appropriate for the text of the Mishnah). which stands in the public domain, ten hand-breadths high and four wide; anybody who uses anything from in it into the public domain or from the public domain into it is liable. Rebbi Hoshaia stated116Tosephta (ed. Liebermann) 10:7.: “A candelabra which stands in the public domain, ten hand-breadths high and its flower four [wide]; anybody who uses anything from in it into the public domain or from the public domain into it is liable.” Rebbi Mana said, not only a candelabra but even a stick stuck in the public domain ten hand-breadths high with a tablet117Latin tabula. Cf. Erubin 3(3) (21a line 30). fixed to its head, anybody who uses anything from in it into the public domain or from the public domain into it is liable. 118A copy of this paragraph, closer to the original, is in Sukkah 1:1 (ס) 51d l. 56. The parallel discussion in the Babli is Sukkah 5a. Since the entire discussion is Amoraic, one must conclude that for earlier times the limitation of the public domain to 10 hand-breadths from the ground was tradition not subject to verification from biblical sources. From where that higher than ten [hand-breadths] is a different domain? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: There I shall make My Appearance to you, and I shall speak to you from above the cover (which is on the Ark of the Covenant)from between the two Cherubim119Ex. 25:6. The words in parentheses are not in the verse and not in ס; they are added to indicate that the argument is about the Ark.. And it is written, you have seen that from Heaven I spoke to you120Ex. 20:22.. Since speech mentioned there is from another domain, also speech mentioned here is from another domain. But is the Ark not nine hand-breadths1211.5 cubits (Ex. 25:10).? In the House of Rebbi Yannai they said, the cover was one hand-breadth122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Rebbi Zeˋira asked, from where that the cover was one hand-breadth? Rebbi Ḥananiah bar Samuel stated, for all the vessels in the Sanctuary the Torah gave the measure of length and width, and gave the measure of its height. Except for the cover where the Torah gave the measure of length and width, but did not give the measure of its height. Therefore we shall learn it from the smallest vessel in the Sanctuary, you shall make for it a frame of one hand-breadth all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Since there it was one hand-breadth, so also here one hand-breadth. But maybe it is only make a golden wreath as its frame all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.? Since there it is a minimal size, so here also a minimal size. What about it? Rav Aḥa bar Jacob said, face. There is no face less than a hand-breadth123This cryptic statement is explained in the Babli (in the name of Rav Aḥa bar Jacob’s teacher Rav Huna) as referring to Lev. 16:2 where Aaron is warned not to appear before the face of the cover except on the day of Atonement. This implies that the cover was not simply a sheet lying over the ark but had a face, a vertical dimension which is not negligible.. Rebbi Yose asked, if there were a very high chest standing in a house, would it not be permitted to use anything from in it into the house or from the house into it124It is impossible to say that in general a new domain starts at 10 hand-breadths since it is commonly accepted that a private domain remains such to an indeterminate height. The Ark was standing in the private domain of the Sanctuary; a reference to it seems to be irrelevant.? But we are dealing when it was indicating to them the geographic directions125In the desert, the Ark was traveling in front of the people (Num. 10:33) while the Sanctuary was carried in the middle (v. 17). At the resting place, the Ark automatically assumed a West-East direction so that the Sanctuary could be placed around it and the tribes camped correctly in the four directions of the compass (Num. 2). The Ark had functions outside the Sanctuary; the reference is legitimate.. This is understandable for him who said, a cubit of six [hand-breadths]126In Mishnaic times, the building cubit was a standard 6, the vessel cubit 5 hand-breadths. If the Ark was built to vessel standards, it cannot be used to define domains. Whether the vessel standard was used in the Temple is a matter of controversy in the Babli, Menaḥot 98a.. But for him who said, a cubit of five hand-breadths? Would the Ark not be seven and one half hand-breadths? Rebbi Jacob bar Aḥa said, the House of Rebbi Yannai and Rebbi Simeon ben Yoṣadaq. One learns it from the Ark, but the other learns it from the wagons127In Ex. 31:12–18 and 35:1–3 the observation of the Sabbath is emphasized in the instructions for the building of the Tabernacle. One concludes that the work forbidden on the Sabbath is exactly work needed in building or transporting the Tabernacle. The wagons mentioned here are the 6 wagons donated by the tribal chiefs for the transport of the Sanctuary (Num. 7:3).. We do not know who learned it from the Ark and who learned in from the wagons. It is reasonable that the House of Rebbi Yannai learned it from the Ark since the House of Rebbi Yannai said, the cover was one hand-breadth128The reading of ס is preferable: Nine hand-breadths of the Ark and one of the cover.. Rebbi Simeon ben Yoṣadaq learns if from the Wagons. Rebbi Zeˋira asked, from where that the Wagons were ten [hand-breadths] high129There are no biblical indications about the height of the wagons’ platforms above ground.? Rebbi Yose said, and even if you said that they were ten high, did not Rebbi Neḥemiah state that the Freight Wagons were like a cupola130Greek καμάρα, Latin camara, -ae, f.(also camera) “arched or vaulted roof or ceiling, distinct from an outer roof”.
The wagons are called עֶגְלֹ֥ת צָב֙. Now צָב means “turtle”; from this comes the usual translation “covered wagon”, using the image of the domed back of the turtle. The expression really is a technical term “freight-wagon”, Accadic ṣubbum, ṣūbum.
? If there was a hole in the public domain ten deep and four wide, would it no be forbidden to use anything from in it into the public domain or from the public domain into it131This is a side remark. A hole in the public domain 10 hand-breadths deep and 4 by 4 wide creates a new domain and is considered a private domain from which nothing may be transported to the public domain. This cannot be derived by comparison either to the Ark or to the wagons.? But when they were transferring the planks from one to the other they were straight132Whether the wagons were covered with a convex covering or not is irrelevant since at the moment of loading the planks and the gobelins of the Sanctuary they were uncovered and certainly had flat loading areas. For the meaning of “straight” for תְּרוּטוֹת cf. Mishnah Middot 2:5.. “Neither is liable.133Quote from Mishnaiot 3–4, starting the discussion of these.” Rebbi Jacob bar Aḥa in the name of Ḥizqiah, the rabbis in the name of Rebbi Joḥanan: In the category of two people performing one work104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.. Rav asked Rebbi, if another person put a bundle on his back, when he forgot and brought it out134Is this considered an incomplete action since another person lifted and put the load on him (Babli 3a).? On the occasion of the second repetition135The Babli (3b) reports that the question was asked when Rebbi was teaching (or editing) another tractate; it was Rebbi’s practice not to answer questions which did not concern the subject he was currently concerned with. He gave the answer only when he took up Mishnah Šabbat another time. he told him, he is liable because it does not compare to this. Rebbi is of the opinion that when he started to walk it is as if he had taken up the object136If the other person had put the load on him while he was walking, there could be no liability since the action was not that of a single person. But if the load was resting on his back, when he then started walking he started moving the object and this makes the action complete.. In the opinion of Rebbi, if he stood in the public domain and threw but ran and caught it137If this is a question different from the one asked earlier, it must mean that “absorbed it” has to mean that his body absorbed the shock of impact of the object, not that he caught it in his hands. in a private domain, what? But is that not Rebbi since Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.? It is only necessary in case he stood in the private domain and threw but ran and and caught it in a public domain, what? It was found stated: Rebbi declares him not liable until the moment it comes to rest139Public domain by definition is not enclosed by walls; an object is at rest only at the moment it stopped moving. If the object fell down because it hit his body, there was no putting down and no completed action.. Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.. Ben Azzai made the airspace enclosed by karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there.. Rebbi Aqiba made the airspace over public domain like its essence140For example in Mishnah 11:1 where he declares that a person throwing from one private domain to another over the public domain is liable, a statement opposed by the majority.. 141Tosephta 1:1, Babli 6a.“There are four kinds of domain on the Sabbath: Private domain, public domain, karmelit, and dead-end streets142In the Babli: “Exempt space”. This is what one would expect. Dead-end streets can be either public domain or karmelit; their particular status is that by an eruv they can be transformed into private domains, whereas passages open at both ends in general cannot. These differences belong to Tractate Eruvin.. What is private domain? A ditch ten deep and four wide, or a wall ten high and four wide; this is completely private domain. And what is completely public domain? A street143Latin strata (sc. via)., a wide road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב., desert, and passages open at both ends144It is “completely public” because it cannot be turned into a private domain by a symbolic eruv.. One does not export from a private to a public domain nor import from a public to a private domain. If somebody exported or imported in error he is liable for a purification sacrifice; intentionally he is liable for extirpation or is stoned145Desecration of the Sabbath is punishable by Heaven’s extirpation if there are no witnesses or nor proper warning was given, and by the courts if there are witnesses both for due warning and the act itself., whether he exports or imports, or lifts or throws. An ocean, or a valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, or a platform146Latin stibadium, -ii, n., Greek στιβάδιον; a semi-circular couch., or a threshold, or karmelit147Or any other kind of karmelit. are neither public nor private domain; one does not carry there148A rabbinic prohibition of carrying further than four cubits because the karmelit looks like public domain. but if one carried he is not liable.” Rav Joseph said, in fact we have stated149While the technical term karmelit does not appear in the Mishnah, all the examples enumerated in the Tosephta are found in the Mishnah and the rules can be deduced from Mishnaic quotes. all of these. The sea as we have stated there150Mishnah 11:5.: “One who in the sea throws four cubits is not liable.” Not only in the sea four cubits, but even if he throws the entire length of the sea he is not liable, for the entire sea is called karmelit151Since nobody can walk in the sea, it cannot be considered public domain..
A valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
as we have stated152Mishnah Ṭaharot 6:4. The “valley” is agricultural domain accessible only by rural paths, not by a paved road. In the dry season, after the grain was cut and before the fields are ploughed for new seeds, the fields are accessible to everybody. Since there is nothing hidden there, it is like public domain for impurity but since it is not easy of access it cannot be considered public domain for the rules of the Sabbath.: “A valley during the dry season is private domain for the Sabbath but public domain for impurity153Where any question of ritual impurity is resolved by presumption of purity, Soṭah1:2 Note 88.. During the rainy season it is (private) [public]154The word in parentheses is from the text of the scribe here, the reading in the Mishnah, the quote in the Babli (Šabbat 6b, Bava batra 123b), and alluded to in Bava batra 9:8 (Note 87). The text in brackets is that of the first corrector. It was noted by Qorban Haˋedah (as emendation of the Venice text since the ms. was not accessible to this author) and supported by convincing arguments by S. Liebermann (תלמודא דקיסרין p. 17 Note 2, הירושלמי כפשוטו p. 15) and J. N. Epstein (Tarbiz 5, 1934, p. 264) that the text of the scribe is correct and the correction a corruption. In the rainy season the fields are sown, the grain is growing, and any trespass by unauthorized persons is criminal. There is no doubt that the fields have the status of private domain both for the Sabbath and for cases of doubt about impurity. domain for both.” If you say private domain for both it should not need surrounding by animals’ gear, but we have stated155Mishnah Eruvin 1:8.
A caravan which in the dry season uses a “valley” as camping ground for a stay over the Sabbath is required to turn the fields into a guarded place by arranging the (camel or donkey) loads as a symbolic wall (of 10 hand-breadths height). In the interior then one may carry unrestrictedly. This proves that in the dry season the fields are not private domains in the commonly accepted sense; they are karmelit.
: “If they surrounded it by animals’ gear one carries in the interior.”
A platform, as we have stated156Mishnah Eruvin 9:5.: “And similarly one carries under open bridges on the Sabbath, the words of Rebbi Jehudah; but the rabbis forbid.157It is supposed that the bridges are not simply a roadway on a flat support but that they have side walls extending somewhat under the roadway so that seen from below they delineate the space under the bridge. The Sages forbid to carry for four cubits or more in the informally defined space but they refrain from imposing liability; this proves that the prohibition is purely rabbinical; the space can be neither private nor public domain.
A threshold158This is a repetition of an earlier text as referred to by the Notes., as we have stated: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if he completed the work at one time he would not be liable.
Karmelit. Rebbi Ḥiyya stated: karmel “soft full”, neither moist nor dry but average159The same etymology of the quadrilitteral כרמל is given in Sifra Wayyiqra I Parsheta 13(8), Pereq 15(1).. And here it is neither public nor private domain but karmelit. What is karmelit? Rebbi Yasa in the name of Rebbi Joḥanan, for example the store of Bar Justinus160In the Babli (7a) the example is given of a stoa, a roofed domain bounded by pillars. Since such a stoa is a pedestrian mall, not accessible to vehicular traffic; if there is an additional obstacle to free circulation it becomes karmelit. S. Liebermann conjectured that the store in question was situated in such a stoa.. A multi-party courtyard and dead-end streets: if there is an eruv they are permitted, but if no eruv was made they are forbidden161A domain which is not public by biblical standards can be turned into a private domain by an eruv, “mixing” (of domains), by arranging the potential of a common meal for all interested persons. A genuinely public domain cannot be turned into a private domain. Therefore the domains mentioned as candidates for eruv cannot be public domains. They also cannot be private domains since then they would need no eruv.. Rebbi Zeˋirah in the name of Rav Jehudah; Rebbi Zeˋira in the name of Rav Ḥinena in the name of Rebbi Ḥanina162It seems that the correct reading is quoted by Rashba (ad 7a): “Zaˋir bar Ḥinena in the name of Rebbi Ḥanina.”: landings163Even though the reading סמטיות (“paths”, Latin semita, -ae f.) is confirmed by Rashba, the translation follows an emendation of Yefe Enaim, J. N. Epstein (Tarbiz 1(2) p. 135), and S. Liebermann, to read מסטויות (with consonantal first vaw), the Galilean form of Babylonian אצטבא used in the parallel 7a (as in Pesaḥim 5:8). between pillars are judged as karmelit164Since these are obstacles to free circulation; Note 160.. Rebbi Samuel bar Ḥiyya bar Jehudah165In the Yerushalmi this student of R. Ḥanina’s always is quoted with names of father and grandfather; in the Babli (Bava meṣiˋa 72b) he is quoted as R. Samuel bar Ḥiyya. in the name of Rebbi Ḥanina: The flowers166The spaces under the capital of a Corinthian pillar which are too close to the pillar to be part of a thoroughfare. of the pillars are considered karmelit. There it is necessary that they be higher than three [hand-breadths]167The sentence can use some rearrangement: Anything which hinders access in the public domain because it (or its enclosure) is at least three hand-breadths high is considered karmelit.; Ḥiyya the son of Rav: Anything which hinders access in the public domain is considered karmelit. The rabbis of Caesarea say, even thistles, even glass. This is necessary if they are not three [hand-breadths] high168While for Ḥiyya bar Rav the three hand-breadths rule is always needed (Babli 7a), for the rabbis of Caesarea it is suspended if the place cannot be stepped on.. And Rebbi Yose169The parallel in Eruvin 1(1), Note 162, shows that the name is Yasa, R. Joḥanan’s student, and not the fifth generation R. Yose. said: The threshold about which they spoke is four wide but not ten high. If you would say, ten high and four wide, it is a domain by itself 114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. If you would say, ten high but not four wide, that is what Rav Ḥisda said in the name of Assi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways on condition that he not exchange170This is the necessary complement to the earlier statement by Rav Ḥisda , Note 114. The prohibition to use exempt space as an intermediate station in transport from private to public domain is in the Babli 8b; Tosephta 1:6.. But we must deal with the case that it is neither four wide nor ten high171This text contradicts the prior statement that we are dealing with a domain four-by-four wide but not ten high. In addition, a place in the public domain not four-by-four wide and not ten high is public domain and not karmelit. One has to read: “four wide but not ten high” as noted by Qorban Haˋedah.. A threshold in front of the door; others172Babli 6a,9a. Even though in the Mishnah “others” means R. Nathan, here it cannot mean this since R. Nathan dissents. say whenever the door is open it is entirely inside173If the threshold is not 10 hand-breadths higher than the public domain. As Rashba explains (ad 9a), since the outside platform is flush with the interior of the house there is no need to rabbinically forbid carrying from the house to the platform. Tosephta 1:6., when it is locked it is entirely outside. What are we dealing with? If it is roofed174The entrance to the house is covered by a roof fastened to the house and two outside pillars. There is no reason not to consider this part of the house. even when it is locked it is entirely inside, if it is not roofed even when it is open it is entirely outside. But we must deal with the case that it is partially roofed175There are two possible interpretations. One is that one refers to the entrance to a house where the platform in front of the door extends beyond the roof. The other is that one speaks of the entrance to a dead-end street which was made into a private domain by a log lying horizontally over the entrance which is higher than the public road into which it opens. In that case the log, in order to count as a roof, must be four hand-breadths wide. and partially not roofed. What does it mean, when it is locked it is entirely outside? It is permitted for use from it to the outside and from the outside to it. If there was a hole in the door it is forbidden for use from it to the hole and from the hole to it. Rebbi Nathan says, when it is locked it is entirely outside; when it is open it is partially inside and partially outside. And that is what we wanted to say; a threshold of four when the door is locked is entirely outside, also when the door is open it is partially inside and partially outside176Because only the space under the roof is counted as part of the house..
יפה עינים שבת צו ע"ב ד"ה 'הכנסה מנלן':
ועי' רשב"א ריש שבת דכתב דר"פ דאמר האי תנא הכנסה הוצאה קרי לה ס"ל דהכנסה ג"כ הוי אב כהירושלמי, ורבא דאמר רשויות קתני ס"ל כסוגי' דר"פ הזורק דהכנסה תולדה. ובחדושי כתבתי דהירושלמי לשיטתו דס"ל תחומין י"ב מיל מן התורה, א"כ קרא דאל יצא לתחומין אתי, ואין כאן קרא מיותר להוכיח מזה דהוצאה מלאכה גרוע היא ע"כ שמעינן מקרא דהוצאה גם הכנסה, משא"כ להבבלי.
פשט בעה"ב את ידו כו' - תימה לר"י אמאי צריך למתני תרתי דעני ודבעה"ב וכן בריש שבועות דמפרש בגמרא (דף ג ע"א ושם) שתים דעני ודבעל הבית מה שייך לקרותו שתים מה לי עני מה לי עשיר ונראה לר"י דאיצטריך לאשמעי' משום דהוצאה מלאכה גרועה היא דמה לי מוציא מרה"י לרה"ר מה לי מוציא מרה"י לרה"י ולא הוה גמרינן הוצאה דעני מבעה"ב ולא בעה"ב מעני.
חידושי הרשב"א שם ד"ה 'וכי תימא':
וכי תימא קרא נמי למאי פלגינהו, איכא למימר משום שהיא מלאכה גרועה שאילו פינה מזוית לזוית משא גדול פטור והוציא קצת מיניה מרשות לרשות חייב, מה שאין כן בשאר כל המלאכות שאינן אסורות אלא מצד עצמן באיזה רשות שתעשה, והיינו נמי דלא גמרינן לה ממשכן כדגמרינן כולהו שאר מלאכות.
אור זרוע סימן פב:
דמלאכה שאינה חשובה [היא], דמה מלאכה עשה, שהוציא מרשות מעיקר חפץ והשתא נמי חפץ.
רש"ר הירש לשמות לה, ב:
רק האחרונה מבין ל"ט מלאכות, ההוצאה מרשות לרשות, מרשות היחיד לרשות הרבים ולהיפך, וכן המעביר ד' אמות ברשות הרבים, "מלאכה גרועה" היא וקשה לכלול אותה במושג המלאכות היצרניות. מלאכה זו לא היתה נלמדת ממלאכת המשכן, אלמלא נדרשה בדרשה מיוחדת, ולא רק לגבי סוג - המלאכה בכללו, אלא גם לגבי התולדות הנגררות אחריו (עי' תוספות שבת ב ע"א ד"ה פשט). אף על פי כן, דווקא מלאכה זו, שהיא "גרועה" כל כך בחיצוניותה הממשית, רבה חשיבותה עד כדי כך, שירמיהו הנביא, כאשר נצטווה בימי אחרית המדינה היהודית לבשר על דבר ישועתה, אף פריחתה ושגשוגה, בזכות שמירת השבת – תבע, מלבד השמירה הכללית של מצוות השבת, לשמור במיוחד על איסור ההוצאה. "כה אמר ה' אלי", נאמר שם יז, יט ואילך, "הלך ועמדת בשער בני העם אשר יבאו בו מלכי יהודה ואשר יצאו בו ובכל שערי ירושלם. ואמרת אליהם: שמעו דבר ה' מלכי יהודה וכל יהודה וכל ישבי ירושלם הבאים בשערים האלה. כה אמר ה': השמרו בנפשותיכם ואל תשאו משא ביום השבת והבאתם בשערי ירושלם. ולא - תוציאו משא מבתיכם ביום השבת וכל מלאכה לא תעשו וקדשתם את יום השבת כאשר צויתי את אבותיכם. ולא שמעו ולא הטו את אזנם ויקשו את ערפם לבלתי שמֹע ולבלתי קחת מוסר. והיה אם שמע תשמעון אלי נאם ה' לבלתי הביא משא בשערי העיר הזאת ביום השבת ולקדש את יום השבת לבלתי עשות בו כל מלאכה, ובאו בשערי העיר הזאת מלכים ושרים ישבים על כסא דוד רכבים ברכב ובסוסים המה ושריהם איש יהודה וישבי ירושלם ומארץ בנימין ומן השפלה ומן ההר ומן הנגב מבאים עלה וזבח ומנחה ולבונה ומבאי תודה בית ה'. ואם לא תשמעו אלי לקדש את יום השבת ולבלתי שאת משא ובא בשערי ירושלם ביום השבת, והצתי אש בשעריה ואכלה ארמנות ירושלם ולא תכבה".
העתקנו כאן את כל דברי הנביא כדי להמחיש את המשקל הגדול שהנביא משווה לאיסור ההוצאה בשבת, ובמיוחד כדי שניווכח שאיסור הוצאה נראה כאן לא כחלק בלתי נפרד מאיסור מלאכה, כי אם כמושג העומד בצידו של איסור מלאכה הכולל. שמירת השבת מקיפה לדברי הנביא איסור הוצאה ואיסור מלאכה: "ולא תוציאו משא מבתיכם... וכל מלאכה לא תעשו" (פסוק כב). אם נבקש את המושג הכולל את כל שאר המלאכות, הרי כולן מציינות את מעמד השליט של האדם כלפי הדברים שבעולם הגשמי. ואילו עניין ההוצאה הוא אך ורק בתחום החברתי. דומה שאין לתאר את מלוא חיי המדינה תאור שלם יותר מאשר זה: יחס היחיד אל כלל החברה, יחס כלל החברה אל היחיד, כלומר תרומת היחיד לטובת הכלל ותרומת הכלל לטובת היחיד, ולבסוף קידום ענייני החברה בתחום החברה. הרי אלה יחסים הבאים לידי ביטוי קולע בהוצאה ובהכנסה מרשות הרבים לרשות היחיד ומרשות היחיד לרשות הרבים, ובהעברה ד' אמות ברשות הרבים. לפיכך, אם איסור שאר מלאכות משעבד את האדם לה' במעמדו בעולם הגשמי, הרי נראה שאיסור הוצאה מבטא את שיעבודו של האדם לה' במעמדו בעולם החברתי.
שו"ת אבני נזר או"ח סימן קפט, ז:
דשניא מלאכת צידה משאר מלאכות שיש בהן שינוי בדבר שנעשה בו המלאכה ואפי' הוצאה מרשות לרשות נשתנה במה שהוא ברשות אחר אבל צידה אין שום שינוי בגוף החי' רק אצל האדם שנעשה ברשותו.
דברות משה, שבת, סימן א, ענפים ב–ד:
(ב) והנכון לע"ד דהנה יש לרש במלאכה דהוצאה בשני דרכים או דהחיוב הוא על עצם המשא שנושא חפץ ממקום למקום הוא המלאכה ומה שהחיוב הוא דוקא מרה"י לרה"ר ואיפכא הוא מטעם שכל המלאכות נידונים בחשיבות מלאכה על מה שיצא ונעשה איזה ענין ממעשיו ולא החשיבה תורה שנעשה בהחפץ ענין משא... ולהאדם הנושאו יש צורך דוקא למקום זה שהביאו ולא במקום שהיה מונח...והנה אם נימא כדרך א' דעצם המשא הוא המלאכה לענין הרשויות הוא משום שבל"ז אין להחשיב שנעשה ענין משא בהחפץ הוא ודאי ענין מלאכה...
ואם נימא כדרך הב' דהמשא בעצמה אינה המלאכה אלא הנטילה מרה"י והנחתו ברה"ר היא המלאכה, אין הוצאה כמו כל מלאכות דהרי המעשה הפשוטה שעושה אינו מעשה מלאכה כלל, אך שמ"מ כיון שיצא מזה שנטל והניח שהחפץ שהיה ברה"י הוא עתה ברה"ר אף שלא היה על מעשיו שעשה חשיבות מלאכה נמי הוא בחיוב מלאכה כיון שהוא עכ"פ עשה שיהיה החפץ עתה ברה"ר שונה מלאכת הוצאה מכל המלאכות...
ונראה דג"כ תלוי בב' דרכים דלדרך הא' שבעצם הוא מלאכה ככל המלאכות דנשיאת משא הוא מלאכה ומה שהוא דוקא מרשות לרשות הוא משום דלא נחשב שנעשה מלאכת משא בהחפץ כשהוא באותו הרשות, הרי אין זה אלא חדוש... אבל אם זה טעם להחשיב מחמת זה גריעותא בחשיבות המלאכה...
ולדרך הב' הוי החדוש זה עצמו דאיכא גם ענין כזה החשיבות מלאכה אף שעל מלאכה הפשוטה ליכא חשיבות מלאכה... דלכן כיון שמשונה מלאכת הוצאה משאר מלאכות שהוא על מה שנעשה, אף בלא חשיבות מלאכה על עצם הפעולה... משום דגרעון ממש לא חזינן מזה כיון שמה שנאסר שהוא מה שהונח ברה"ר דבר שהיה ברה"י לא הוגרע ליפטר באיזה פרט...
(ג) והנה הכנסה תלוי בשני הדרכים אם הוא נחשב ענין אחד או הוא ענין אחר דלדרך הא' שהמשא היא המלאכה ורק שלא נעשה עוד המשא בהחפץ כשהוא באותו הרשות הויא הכנסה ממש אותו ענין המלאכה דמשא שנעשה בהוצאה דהרי ג"כ נישא מרשות לרשות...
ולדרך הב' שאין האיסור והחיוב על המשא אלא על מה שנעשה מעשיו שהחפץ שהיה ברה"י הונח ברה"ר הרי אין להחשיב סברא זו ששוה ממש להוצאה דהא אפשר דהקפידא לאיסור ולחיוב הוא רק על מה שיצא מרה"י והונח ברה"ר...
(ד) והנה החלוק שהיה שייך לומר בין הוצאה דעני ובין הוצאה דבעה"ב...
שהוצאת בעה"ב חשובה יותר מלאכה שהרי הוציאו ממנו שלא כדרך החפץ שנוטלין אותו להשתמש בו והוצאת העני שנוטלו לעצמו אינה חשובה כל כך לענין מלאכה אבל אפשר לומר דלענין דרך המלאכה עדיף הוצאה דעני שמוציא לעצמו... אבל הוצאה דבעה"ב גרוע לענין דרך הוצאה מאחר שאינו נושא לעצמו...
ולדרך ב' אין סברא לחלק בין הוצאה דבעה"ב להוצאה דעני לא בעצם המלאכה דהיא בתרוייהו נעשה בשינוי רשויות על החפץ ואם לא מצד שאינו כדרך הוצאה כל כך דלענין מה שנעשה אין טעם לחלק מאחר שעכ"פ נעשה.
איך אפשר להסביר את ההתלבטות לגבי מלאכת הוצאה על פי הכיוונים דלעיל?
(רמז: סדר לעצמך עם כל הנפ"מ את שתי ההסתכלויות ואת הסברות.)
ד' אמות ברשות הרבים
אמר מר ובלבד שלא יטול מבעל הבית ונותן לעני, מעני ונותן לבעל הבית, ואם נטל ונתן - שלשתן פטורין. לימא תיהוי תיובתא דרבא, דאמר רבא: המעביר חפץ מתחילת ארבע לסוף ארבע ברשות הרבים, אף על פי שהעבירו דרך עליו - חייב! - התם לא נח, הכא - נח.
One who intended to establish his Shabbat abode in the public domain at a specific site must place food sufficient for two meals for that site to be considered his legal residence. And if he placed the food used for his eiruv in a pit above ten handbreadths, i.e., less than ten handbreadths below ground level, his eiruv is an eiruv. If he placed the eiruv below ten handbreadths from ground level, his eiruv is not an eiruv. Because the pit is a private domain and he may not carry the eiruv from that private domain to a public domain, where he has established his residence, the eiruv is invalid. The Gemara seeks to clarify the details of this case. What are the exact circumstances? If you say that the baraita is referring to a pit that has ten handbreadths in depth and the phrase: And he placed it above ten handbreadths, means that he raised the eiruv and placed it within ten handbreadths of ground level, and the phrase: Below ten handbreadths, means that he lowered the eiruv and placed it ten handbreadths or more below ground level, what difference does it make to me if the eiruv is above ten handbreadths and what difference does it make to me if it is below ten handbreadths? In any case, the pit is a private domain, and the principle states that the private domain extends from its lowest point to the sky. There is no difference whether the eiruv was placed higher or lower. In any case, he is in one place, in the public domain, and his eiruv is in another place, in the private domain. Since he cannot take the eiruv out of the pit, his eiruv is not an eiruv. Rather, is the baraita not referring to a pit that does not have in it a depth of ten handbreadths? And the baraita should be understood as follows: If he placed his eiruv below ten handbreadths, refers to a pit whose lowest point is ten handbreadths or more below ground level. If he placed his eiruv above ten handbreadths, refers to a pit that is less than ten handbreadths deep and is not a private domain. And, with regard to that case, it was taught that his eiruv is an eiruv. Consequently, usage under duress in a pit that is less than ten handbreadths deep is considered usage, and a pit of that kind is a full-fledged part of the public domain. Rava suggested various responses to this objection. At times he would answer him that it is referring to a case where both he and his eiruv are in a karmelit, i.e., that he intended to establish residence in a karmelit and placed his eiruv there. The pit is less than ten handbreadths deep, and consequently, both he and his eiruv are in the same domain. And why does the baraita call his place of residence the public domain? Because it is not the private domain. And at times he would answer him that it is referring to a case where he was, indeed, in the public domain and his eiruv was in a karmelit, as a pit that is not ten handbreadths deep is not part of the public domain, rather it is a karmelit. With regard to the question, how can this be considered a legitimate eiruv as it is forbidden to carry from a karmelit to a public domain as well, this baraita is in accordance with the opinion of Rabbi Yehuda HaNasi, who said: Anything that is prohibited on Shabbat and its prohibition is not by Torah law, rather it is due to a rabbinic decree [shevut], the Sages did not issue the decree to apply during twilight, which is neither definitive day nor definitive night. Consequently, at the time that the eiruv was placed in the karmelit it was permissible for him to carry it to the public domain. Since an eiruv takes effect even if it is fit for use just one moment during twilight on Shabbat eve, his eiruv is effective. And Rava said to Rav Adda bar Mattana: Do not say that I am just putting you off with these answers. Rather, what I am saying to you is accurate. The opinion that usage under duress is not considered usage is a bona fide opinion and the suggested answers are appropriate explanations of that baraita. As we learned in a mishna: If there was a swamp and the public domain passes through it, one who throws an object into it at a distance of four cubits is liable just like anyone who carried four cubits in the public domain. And how deep is this swamp? It is less than ten handbreadths. The mishna adds: And with regard to a swamp that the public domain passes through it, one who throws four cubits into the swamp is liable. The difficulty concerning the repetition of the same topic with virtually identical words is clear, and therefore: Granted, it is possible to explain, that swamp swamp was repeated twice; one case is referring to the summer, and one case is referring to the rainy season. And it is necessary to emphasize that this ruling is in effect both in the summer and in the winter. As, had the mishna told us this halakha only in the summer, we would have said that since people commonly pass through the swamp to cool themselves, it is considered part of the public domain. However, in the rainy season I would have said it is not part of the public domain. And conversely, had the mishna told us this halakha only in the rainy season, I would have said that since he is filthy anyway, it happens that he is not cautious and enters into the swamp. However, in the summer, when he is not dirty with mud, I would have said that it is not part of the public domain. Therefore, it was necessary for the mishna to repeat swamp twice, to teach us that this halakha applies at all times. However, why do I need the mishna to state twice that the public domain passes through that swamp? Rather, shouldn’t one conclude from this that passage, even when it is under duress, and not free and easy, is considered passage, but usage under duress is not considered usage? It was necessary to emphasize that the public domain actually passes through it. If the multitudes do not pass through it and it was only used under duress, it would not have been considered a public domain. The Gemara concludes: Indeed conclude from this. Somewhat related to the case of the barrel discussed earlier which was a case of moving an object without liability, the Gemara cites that Rav Yehuda said: That bundle of reeds that he stood upright and threw down, stood upright and threw down repeatedly, he is not liable for carrying it four cubits in the public domain until he lifts it off the ground. As long as he did not lift it from the ground, even though he moved it a long way, he did not perform the acts of lifting and placing which are prohibited by Torah law, as at least one part of the bundle always remained on the ground. The Master said: A person standing on the threshold may take an object from the homeowner standing in the private domain and may give an object to him. Similarly, while standing there, he may take an object from a poor person standing in the public domain and may give an object to him because there is no element of prohibition or liability in carrying in and carrying out in an exempt domain on Shabbat. The Gemara asks: This threshold, what is it; to what type of threshold is it referring? Different thresholds have different halakhic status. If you say that it is referring to a threshold that is the public domain, i.e., the threshold of an alleyway that is fewer than three handbreadths off the ground and is not covered, and the post that demarcates the parameters of the alleyway is situated between the public domain and the alleyway, how can the Tosefta say that he may take an object from the homeowner? Isn’t he carrying out from the private domain to the public domain? Rather, say that the Tosefta is referring to a threshold that is the private domain, in a case where it is covered, or it is situated between the post that demarcates the parameters of the alleyway and the private domain, or it is ten handbreadths high and its area is at least four by four handbreadths. How then can the Tosefta say that he may take an object from a poor person? Isn’t he carrying in from the public domain to the private domain? Rather, say that the Tosefta is referring to a threshold that is a karmelit, i.e., it is not ten handbreadths high and it is four by four handbreadths; how can the Tosefta say that he may take and give even ab initio? Ultimately, in this case, there is nevertheless a prohibition. Even though a karmelit does not engender liability by Torah law, carrying from it is prohibited by rabbinic law and is certainly not permitted ab initio. Rather, say that the Tosefta is referring to a threshold that is merely an exempt domain, and therefore there is no prohibition at all. In what circumstances is it an exempt domain? In a case where it does not have an area of four by four handbreadths, and it is therefore not considered a domain with regard to liability on Shabbat. And that halakha is similar to that statement made when Rav Dimi came from Eretz Yisrael to Babylonia and he said that Rabbi Yoḥanan said: A place that does not have an area of four by four handbreadths and is set apart, it is permissible for both the people of the private domain and for the people of the public domain to adjust the burden on their shoulders upon it on Shabbat, as long as they do not exchange objects between them from one domain to the other domain. The Master also said in the Tosefta: A person standing on the threshold may take an object from the homeowner and give an object to him, and he may take an object from the poor person or give an object to him, as long as he does not take the object from the homeowner and give it to a poor person or from a poor person and give it to the homeowner. And, however, if he took an object from one and gave it to the other, certainly no labor prohibited by Torah law was performed in that case, and all three of them are exempt. The Gemara asks: Say that this will be a conclusive refutation of Rava’s opinion, as Rava said: One who transfers an object from the beginning of four cubits to the end of four cubits in the public domain, even though he transferred it above the upper boundary of the public domain via the airspace above it, i.e., he raised the object more than ten handbreadths above the ground of the public domain, which is an exempt domain, still he is liable for carrying in the public domain. On the other hand, in the Tosefta it says that if the object passed through an exempt domain, he is exempt by Torah law from punishment for passing it from domain to domain. The Gemara rejects that refutation as there is room to distinguish between the cases: There, in the halakha stated by Rava, the object did not come to rest in an exempt domain; it merely passed through its airspace. However, here, when transferred via the threshold, the object came to rest in an exempt domain, and as a result, the act of carrying out was divided into two separate actions, neither of which involves a Torah prohibition. Later in the Tosefta, Aḥerim say: Depending on the circumstances, a threshold serves two domains: When the entrance is open, the threshold is subsumed within the house and it is considered to be a private domain like the inside of the house. And when the entrance is locked, the threshold is not subsumed within the house, and it is considered to be a public domain like the outside. The Gemara wonders: When the entrance is open the threshold is considered to be like a private domain, and is this so even though it does not have a post on its side? Didn’t Rav Ḥama bar Gurya say that Rav said: The opening in the wall, i.e., the doorway, requires another post in order to permit carrying there? A symbolic partition must be established at the side of the opening for that doorway to be considered closed and render carrying within it permissible like a full-fledged private domain. In the Tosefta, no mention was made of the need for a post of that kind. And if you say that the Tosefta is referring to a threshold that does not have an area of four by four handbreadths, which is not considered an independent area and therefore does not require a post, didn’t Rav Ḥama bar Gurya say that Rav said explicitly: The opening, even though it does not have an area of four by four handbreadths, requires another post in order to permit carrying there? Rav Yehuda said that Rav said: Here we are dealing with the threshold of an alleyway open to the public domain on only one side. Although, by Torah law, it is considered a private domain, the Sages required him to establish a fourth symbolic partition on the side open to the public domain. This alleyway was covered, and this covering extended to part of the threshold in a manner that half of it is covered and half of it is not covered, and the covering is over the part of the threshold toward the inside. In that case, if the entrance is open, its legal status is like that of the inside, as it is considered as if there were a partition extending from the edge of the roofing above to below, based on the halakhic principle: Lower the partition. The opening of the alleyway is thereby sealed, rendering it a private domain. However, when the entrance is locked, it is no longer possible to consider the covering as a partition, and therefore the part of the threshold that is beyond the locked door of the alleyway is considered like the outside, i.e., like a public domain. Rav Ashi said: Actually, we can say that we are dealing with the threshold of a house, and in a special circumstance, a case where he covered the threshold with two beams. Furthermore, neither this beam is four handbreadths wide, nor is that beam four handbreadths wide, and there is not a gap of three handbreadths between this one and that one, and there is a door between the two beams. In this case, when the entrance is open, since there is a space of less than three handbreadths between the beams and, based on the principle of lavud, any space less than three handbreadths is considered non-existent, the two beams are considered to be one wide beam. It is considered as if there were a partition extending from the edge of the roofing above to below, based on the halakhic principle: Lower the partition. The threshold is thereby sealed and considered a full-fledged private domain like the inside. However, when the entrance is locked, the two beams do not join together to become one anymore. Since the door creates a separation between them and the outer beam is less than four handbreadths wide, it is not considered a roof from which a partition extends to the ground, and the area under this beam is considered to be a public domain like the outside. The Sage also said in the Tosefta that if the threshold was ten handbreadths high and four by four handbreadths wide, it is an independent domain, even if it was inside a private domain. The Gemara comments: This supports the opinion of Rav Yitzḥak bar Avdimi, as Rav Yitzḥak bar Avdimi said that Rabbi Meir used to say: Any place that you find two domains, i.e., two places, each of which is sufficiently distinct to be an independent domain, and even though they are halakhically one domain, i.e., in a case where a pillar that is ten handbreadths high and four by four wide is standing in the private domain, even though the pillar is a private domain based on its measurements, it is prohibited by rabbinic law to adjust a burden on one’s shoulders upon it and to lift an object from the ground of the private domain and place it atop the pillar, as the pillar is deemed by its measurements to be an independent domain. It is prohibited by a decree issued by the Sages due to a similar situation, the case of a mound of that size in the public domain. In the public domain, lifting an object from the ground and placing it on the mound constitutes a violation of the Torah prohibition of carrying out from the public domain to the private domain. Therefore, the Sages prohibited placing an object on a pillar even in the private domain.
דרך עליו - שהגביהו למעלה מעשרה, דלא שליט ביה אויר רשות הרבים, והוי מקום פטור.
חייב - כי הדר אנחיה, ואף על גב דדרך מקום פטור אזל.
לא נח - במקום פטור, והויא ליה עקירה מרשות הרבים והנחה ברשות הרבים.
לכך נראה כפי' ר"ח דמפ' שהעבירו דרך עליו שהעבירו לפניו נגד גופו דה"א כיון שהגיע כנגדו הוי כמונח ונמצא שלא העביר ד' אמות יחד ומשני התם לא נח דאין זה הנחה [דרך עצמו].
...המעביר חפץ מתחלת ארבע לסוף ארבע ברשות הרבים אף על פי שהעבירו למעלה מראשו חייב.
[The following rules apply when] a person transfers a burden, carrying it on his head: If the burden was heavy58Bava Metzia 105b relates that it was customary to carry a burden weighing four kabbim or more on one's head. In contemporary measure, this figure is approximately five and a half kilograms or twelve pounds. - e.g., a full sack, a chest, a cabinet, or the like - and the person places it on his head and holds it with his hands,59The Ma'aseh Rokeach states that a person who does not hold the article with his hand is not liable. Balancing a heavy article on one's head is a skilled task that only few individuals are capable of performing. Hence, it is not considered an ordinary manner of transferring an article. he is liable. This is the normal manner in which these articles are transferred, and this is thus equivalent to a person carrying an article on his shoulder or in his hand.
If, however, the person placed a light article - e.g., a garment, a book, or a knife - on his head and transferred them without holding them in his hand,60The Ma'aseh Rokeach states that in this instance, even if one holds the article in one's hands, one is not liable, since this is not the ordinary way in which an article is transferred. he is not liable. He did not transfer them in the ordinary manner, for most people do not transfer articles by placing them on their heads.61This law applies universally, even in places where it is common to carry articles on one's head. See Shabbat 92a regarding the practice of the inhabitants of Hotzel, a city in Babylon (Maggid Mishneh).
A person who carries an article from the beginning [of a square] four cubits long to the end [of that square] in the public domain is liable, even when he lifts it above his head.62As mentioned above, the Rambam states in Chapter 14, Halachah 7 that the space ten handbreadths above the ground in a public domain is a makom patur, a place where one is not liable for carrying. Hence, one might think that a person is not liable for carrying if he lifts an object above that height while transferring it in the public domain. Nevertheless, since the article does not come to rest in the makom patur, one is held liable (Shabbat 8b,9a).
The Ra'avad questions the Rambam's interpretation of that Talmudic passage and offers an alternative, which is accepted by the Rashba and Tosafot. The Rambam's interpretation is also offered by Rashi. (Alternatively, it is possible to explain that the Rambam's intent is that this is an ordinary, and not an abnormal, manner of carrying.
השגת הראב"ד שם:
א"א אין זה הפירוש נכון למה שאמרו (שבת ט) דרך עליו, אלא כך פירושו: האדם עומד במקומו ונוטל חפץ מצד ימינו ומניחו בצד שמאלו לסוף ארבע אמות, אף על פי שכשהגיע כנגד עצמו הרי הוא כמי שהניחו באמצע, שהוא מקום פטור, כיון שלא הניחו חייב, ואם הניחו או שעכבו בידו שם מעט פטור, כמו שאמרו (שם ח) אדם עומד על האסקופה נוטל מבעה"ב וכו').
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: למי אכפת מעצם ההעברה ולמי אכפת השינוי ממקום א' למקום ב' [ואולי אפילו שינוי רשות]?)

ד' רשויות

תנו רבנן, ארבע רשויות לשבת: רשות היחיד, ורשות הרבים, וכרמלית. ומקום פטור. ואיזו היא רשות היחיד - חריץ שהוא עמוק עשרה ורחב ארבעה, וכן גדר שהוא גבוה עשרה ורחב ארבעה - זו היא רשות היחיד גמורה. ואיזו היא רשות הרבים - סרטיא ופלטיא גדולה, ומבואות המפולשין זו היא רשות הרבים גמורה. אין מוציאין מרשות היחיד זו לרשות הרבים זו, ואין מכניסין מרשות הרבים זו לרשות היחיד זו; ואם הוציא והכניס, בשוגג - חייב חטאת, במזיד - ענוש כרת, ונסקל. אבל ים ובקעה ואיסטוונית והכרמלית - אינה לא כרשות הרבים ולא כרשות היחיד, ואין נושאין ונותנין בתוכה, ואם נשא ונתן בתוכה - פטור; ואין מוציאין מתוכה לרשות הרבים ולא מרשות הרבים לתוכה, ואין מכניסין מרשות היחיד לתוכה, ולא מתוכה לרשות היחיד, ואם הוציא והכניס - פטור. חצרות של רבים ומבואות שאינן מפולשין, עירבו - מותרין, לא עירבו - אסורים. אדם עומד על האיסקופה, נוטל מבעל הבית ונותן לו, נוטל מעני ונותן לו, ובלבד שלא יטול מבעל הבית ונותן לעני, מעני ונותן לבעל הבית, ואם נטל ונתן - שלשתן פטורים. אחרים אומרים: איסקופה משמשת שתי רשויות, בזמן שהפתח פתוח - כלפנים, פתח נעול - כלחוץ. ואם היתה איסקופה גבוהה עשרה ורחבה ארבעה - הרי זו רשות לעצמה.
as the halakha there is just as it is in the case of one who transfers an object in the public domain. There, even though as long as he takes it and walks and does not place the object he is exempt, is it not the case that when he places it he is liable? Obviously, between the place where he lifted the object and the place where he placed the object, where there is liability, there lies an undefined area where, as long as he continues walking, he is exempt. Here too, it is no different, as in both cases an identical situation exists: If he places the object at the end of his path he is liable, despite the fact that the area in the middle is an exempt place. The Gemara rejects this comparison: Is this comparable? There, anywhere that he places the object is a place of potential liability. That cannot be described as two places of liability with an exempt domain between them, as the area between them is also a place of potential liability if he were to place the object there. On the other hand, here, if he places it in the colonnade, it is an absolute exempt domain. Again the question arises: Where is there a precedent of liability for transferring an object through an exempt domain? The Gemara answers: Rather, it is possible to cite a different precedent: The halakha here is just as it is in the case of one who transfers an object in the public domain from the beginning of four cubits to the end of four cubits exactly. There, is it not the case that, even though were he to place it within four cubits of where he stands, he is not liable because within four cubits, the complete prohibited labor of carrying in the public domain was not performed; and nevertheless, when he places it at the end of four cubits he is liable? Here too, it is no different. It can be said that there is a strip of exempt domain between the lifting and the placement. Again the Gemara rejects the analogy: Is that similar? There, in the public domain, for this man it is an exempt domain, as it is within four cubits of the place that he lifted the object. However, for the entire world, it is a place of potential liability, as the space itself is a public domain and it could be beyond four cubits for someone else who placed it there, and he would be liable. Here, on the other hand, the colonnade is an exempt domain for the entire world. There is no comparison between an absence of liability that stems from the fact that the prohibited labor was not completed and an unconditional exemption dependent solely on the nature of the domain in question. Rather, it is possible to cite a different precedent: The halakha here is just as it is in the case of one who carries out an object from the private domain to the public domain through the sides of the public domain. The sides of a public domain are narrow strips located adjacent to the houses where the multitudes do not congregate. There, is it not the case that, even though if one were to place an object on the sides of the public domain, he is exempt and, nevertheless, when he places it in the public domain he is liable? If so, here too, it is no different. Rav Pappa strongly objects to this explanation: Granted, according to the opinion of the Rabbis, who say that the sides of the public domain are a type of independent domain and not considered the public domain, that precedent is similar to our case. However, according to the opinion of Rabbi Eliezer ben Ya’akov, who said that the sides of the public domain are considered a full-fledged public domain, what is there to say? Rav Aḥa, son of Rav Ika, said to him: Say that you heard that Rabbi Eliezer ben Ya’akov said that the sides of the public domain are considered a public domain in a place where there are no stakes [ḥipufei] separating the houses and the courtyards from the actual public domain to prevent the public from damaging the walls of the houses. However, in a place where there are stakes, did you hear him say that the legal status of the sides is that of the public domain itself? Therefore, it is similar to that case of the colonnade, and consequently it serves as a precedent for liability when carrying through an exempt domain. Rabbi Yoḥanan said: Ben Azzai disagreed with regard to carrying out the object while walking through the colonnade. In his opinion one who carries it out is exempt. Yet, he agrees with the Rabbis that in a case where one throws an object from the private domain to the public domain through a colonnade he is liable, as it is tantamount to carrying out directly from domain to domain. That opinion was also taught in a baraita: One who carries out an object on Shabbat from a store to a plaza via a colonnade is liable. The halakha is identical with regard to all means of transferring an object from domain to domain via a colonnade. The same is true for one who carries out, and one who carries in, and one who throws, and one who extends his hand from domain to domain. Ben Azzai says: One who walks and carries out and one who walks and carries in are exempt, as he is considered to have come to rest in the colonnade. On the other hand, one who extends his hand with the object and one who throws the object, whose actions are uninterrupted, are liable. In order to explain the essence of the laws of domains on Shabbat, the Gemara cites what the Sages taught in the Tosefta, that there are four domains for the halakhot of Shabbat: The private domain, and the public domain, and two additional domains: The karmelit, which is like neither the public domain nor the private domain, and an exempt domain, which does not fall into the category of domains. The Gemara elaborates: And what is the private domain? A ditch which is ten handbreadths deep and four handbreadths wide, as well as a fence which is ten handbreadths high and four handbreadths wide; that is a full-fledged private domain. The criteria for a private domain are that it must be an area of four by four handbreadths, with a ten-handbreadth difference in elevation from the surrounding environment. And what is the public domain? A main street [seratia] and a large plaza as well as alleyways [mevo’ot], which are open on both ends to the public domain, connecting between main streets; that is a full-fledged public domain. With regard to those domains: One may not carry out from the private domain of this kind to the public domain of this kind, and one may not carry in from the public domain of this kind to the private domain of this kind. If he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally, and there were no witnesses to his act, and he was not forewarned, he is liable to receive the punishment of excision [karet]. If he was forewarned and there were witnesses to his transgression, he is punished with the court-imposed capital punishment and stoned. However, a sea and a valley and a colonnade and the karmelit all enter into the general category of karmelit, which is neither like the public domain, because the multitudes are not congregated there, nor like the private domain, as it has no partitions. Rather, the Sages instituted that cases like these should be considered an independent domain. One may not carry and place an object in it beyond four cubits, just as it is prohibited to do so in the public domain. And if he nevertheless carried and placed an object in it, he is exempt, as it involves no Torah prohibition. And one may neither carry from it into the public domain nor from the public domain into it, as it is not the public domain. And one may neither carry from the private domain into it nor from it into the private domain, as it is not the private domain. And if he carried out from the private domain or carried in from the public domain, he is exempt, as it involves is no Torah prohibition. Similarly, there is a type of private domain which, by rabbinic law, has the legal status of a karmelit or a public domain. Courtyards shared by many and alleyways that are not open on both sides are private domains that are somewhat similar to the public domain because many people congregate there. For this reason, the Sages issued a decree prohibiting carrying within them. However, if they placed an eiruv, i.e., a joining of courtyards, to transform a common courtyard into a single domain, or a merging of alleyways to merge a common alleyway shared by several courtyards into a single domain, they are all permitted to carry objects from their houses into the courtyard or from the courtyard into the alleyway, respectively. However, if they did not place an eiruv, they are prohibited to do so. An example of the fourth domain listed in the baraita, the exempt domain is: A person standing on the threshold may take an object from the homeowner standing in the private domain and may give an object to him. Similarly, while standing there, he may take an object from a poor person standing in the public domain and may give an object to him because there is no element of prohibition or liability in carrying and carrying out in an exempt domain on Shabbat. There is no prohibition as long as he does not take the object from the homeowner in the private domain and give it to a poor person in the public domain, or from a poor person and give to the homeowner, as by doing so he facilitated transfer from domain to domain. And, however, if he took an object from one and gave it to the other, certainly no labor prohibited by Torah law was performed, and all three of them are exempt. Aḥerim say: Not every threshold is an exempt domain. Some are not sufficiently isolated from the surrounding domains. Sometimes, a threshold serves as two domains; at times the public domain and at times the private domain, as in different circumstances it is subsumed within the adjacent domain. Therefore, when the doorway is open, the threshold is an extension of the house and considered to be a private domain. If the doorway was locked, it is considered like the outside, like part of the public domain. This applies when the threshold is not an independent domain. And if the threshold was ten handbreadths high above the public domain and four handbreadths wide, it is a domain unto itself, i.e., a full-fledged private domain discrete from the house. It was taught in the Tosefta with regard to the definition of a private domain that the Master said, with added emphasis: This is the private domain. The Gemara asks: What was this emphasis added to exclude? The Gemara answers: To exclude this halakha of Rabbi Yehuda, as it was taught in a baraita: Furthermore, Rabbi Yehuda said: One who has two houses opposite each other on two sides of the public domain, if he chooses, he may create a private domain for himself in the public domain. He may place
רשות הרבים
אמר מר: זו היא רשות הרבים, למעוטי מאי? למעוטי אידך דרבי יהודה; דתנן, רבי יהודה אומר: אם היתה דרך רשות הרבים מפסקתן - יסלקנה לצדדין, וחכמים אומרים; אינו צריך. ואמאי קרו ליה גמורה? איידי דתנא רישא גמורה, תנא נמי סיפא גמורה. ולחשוב נמי מדבר, דהא תניא: איזו היא רשות הרבים - סרטיא ופלטיא גדולה, ומבואות המפולשין, והמדבר! אמר אביי: לא קשיא, כאן - בזמן שישראל שרויין במדבר, כאן - בזמן הזה.
a ten-handbreadth high post from here, perpendicular to the public domain. This creates a symbolic wall which, in the halakhot of alleyways, has the legal status of a wall. And, he may place an additional post from here, on the other side, and that has the same legal status as if he closed the public domain on all of its sides. Or, he can implement a different solution appropriate for alleyways by placing a beam extending from here, from one end of one house, to the end of the house opposite it. This creates a symbolic partition across the width of the street. And, he may place a beam extending from here, from the other side of the house. According to Rabbi Yehuda, in that way, one is permitted to carry objects and place them in the area between the symbolic partitions, as he would in a private domain. The Rabbis said to him: One may not place an eiruv in the public domain in that way. One who seeks to transform a public domain into a private domain must erect actual partitions. The Gemara questions the language of the Tosefta: This is a full-fledged private domain. And why did they call it full-fledged? The Gemara answers: Lest you say: When do the Rabbis disagree with Rabbi Yehuda and say that it is not the private domain? This applies only with regard to the prohibition to carry there on Shabbat. By means of these partitions, it was not rendered a full-fledged private domain to the point that one is permitted to carry there. However, conceivably, with regard to the prohibition of throwing from the public domain to this place, the Rabbis agree with Rabbi Yehuda that the area between the partitions would be considered a private domain by Torah law and it would be prohibited. Therefore, the tanna taught us that according to the Rabbis it is not a private domain at all. It was also taught in the Tosefta with regard to the definition of a public domain that the Master said, with added emphasis: This is the public domain. The Gemara asks: What was this emphasis added to exclude? The Gemara answers: Here, the Tosefta came to exclude another halakha of Rabbi Yehuda. As we learned in a mishna: The Sages permitted those ascending to Jerusalem on the Festival pilgrimage to place posts serving as symbolic boundaries around the wells, in order to render the wells and their surroundings a private domain. That way, the pilgrims could draw water from the wells even on Shabbat, as they became private domains. Rabbi Yehuda says: If the path of the public domain passes through the area of the wells and the posts and obstructs them, he must divert it to the sides, so that the passersby will not pass through there. In his opinion, many people passing through that area negates the private domain formed merely by means of symbolic boundaries. And the Rabbis say: He need not divert the path of the public domain. The emphasis in the Tosefta: This is the public domain, teaches that only the specific areas listed there fall into the category of a public domain; however, a well around which partitions were established is no longer in the realm of public domain, even if the multitudes continue to walk through that area. The Gemara asks: And why do they call it full-fledged? The Gemara answers: This emphasis was unnecessary. But, since he taught the first clause of the Tosefta employing the term full-fledged, he also taught the latter section employing the term full-fledged in the interest of uniformity. With regard to the places characterized as the public domain, the Gemara asks: And include the desert among the places considered a public domain? Wasn’t it taught in a different baraita: What is the public domain? A main street, and a large plaza, and open alleyways, and the desert? Abaye said: This is not difficult, as here, where it enumerated the desert among the public domains, it refers to the time when Israel was dwelling in the desert, and it was an area frequented by the multitudes. And here, where the desert was not enumerated among the public domains, refers to this time, when multitudes do not congregate there. It was also taught in the Tosefta that the Master said: If he carried out an object on Shabbat from the private domain to the public domain or vice versa, if he carried in, if he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally and there were no witnesses to his act and he was not forewarned, he is punishable from the hand of Heaven with the punishment of karet. If he was forewarned and there were witnesses to his transgression, he is punished by the court and stoned. The Gemara asks: Unwittingly, he is liable to bring a sin-offering; it is obvious that one who violates the serious transgression of desecrating the Shabbat unwittingly is liable to bring a sin-offering. The Gemara answers: It was necessary for the tanna to teach that if he did so intentionally he is punishable with karet and stoned. Since he needed to cite those cases because they involve a novel element, he also cited the case where he performed the transgression unwittingly, in order to complete the picture. The Gemara asks: That is also obvious, as the Torah states explicitly that one who desecrates Shabbat intentionally without witnesses and forewarning is punishable by karet, and that when there are witnesses and forewarning he is executed by stoning. The Gemara answers: This came to teach us in accordance with the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya in which matters of Oral Torah were briefly summarized, and in it was written: Isi ben Yehuda says: The primary categories of prohibited labor on Shabbat are forty-less-one, and he is liable only for one. This expression is unclear, and it would seem that it means that one who performs all of the prohibited labors is only liable to bring one sin-offering. The Gemara asks: Is that so? Didn’t we learn in the mishna: The primary categories of prohibited labor are forty-less-one? The mishna proceeded to enumerate those labors. And we discussed it: Why do I need this tally of forty-less-one? It would have been sufficient for the mishna to merely list the prohibited labors. And Rabbi Yoḥanan said: The number is also significant, in order to teach us that if he performed all of the prohibited labors within one lapse of awareness, during which he remained unaware of the prohibition involved, he is liable to bring a sin-offering for each and every one of the prohibited labors separately. Consequently, the statement of Isi ben Yehuda cannot be understood as suggested above. Rather, say as follows: There are forty prohibited labors less one, and he is not liable for one of them. Among those labors, there is one unspecified exception for which one is not liable to be executed by stoning and merely violates a negative prohibition. That which the Tosefta mentioned with regard to one carrying out on Shabbat being liable for karet and stoning, teaches us: This labor of carrying out from domain to domain, is among those prohibited labors with regard to which there is no uncertainty and it is clear that one is liable for karet and stoning for its violation. It was also taught in the Tosefta that the Master said: However, a sea, and a valley, and the colonnade, and the karmelit all enter into the general category of karmelit, which is neither like the public domain nor like the private domain. The Gemara asks: And is a valley neither like the private domain nor like the public domain? Didn’t we learn in a mishna in tractate Teharot: The valley, in the days of summer, which is a time when the multitudes frequent it, nevertheless, it is considered the private domain with regard to the halakhot of Shabbat, as according to the parameters of domains of Shabbat it remains in the realm of a private domain. And, still, it is considered like the public domain with regard to the halakhot of ritual impurity, where there is a distinction between a place frequented by the multitudes and a place that the multitudes do not frequent. While in the rainy season, the winter, when multitudes do not frequent the fields, the valley is considered like the private domain for this, Shabbat, and for that, ritual purity. A valley is a private domain and not a karmelit. Ulla said: Actually, the valley is a karmelit; and why does the mishna call it the private domain? In order to emphasize that it is not the public domain, as the mishna in tractate Teharot did not enter into the details of the halakhot of Shabbat. It merely underscored the distinction between the halakhot of Shabbat and the halakhot of ritual purity. Rav Ashi said:
כאן בזמן שישראל שרויין במדבר - משמע קצת דאינה ר"ה אלא א"כ מצויין שם ששים רבוא כמו במדבר.
סרטיא - מסילה שהולכין בה מעיר לעיר.
פלטיא - רחבה של עיר, ששם מתקבצין לסחורה.
ומבואות - של עיר, רחבים שש עשרה אמה.
המפולשין - משני ראשיהן לפלטיא.
a stick on each side > on two corners of one of the houses (ie. the corners of house), to remind you MERELY. Because rabbi yehuda is holding 2 walls is already considered by the torah private domain and but in here there are walls that are very valid/good that are considered as walls of the two houses in the beraita they say we are allowed to make a eruv in the public domain this way TO MAKE private domain, this would apply to take IT SHOULD BE permitted to take inside like it was taught we can not make an eruv in the public domain in this way because it's decreed against because it's similar to a public domain ...and the name of private domain is on it full fledged (the top of the wall in the beraita is only full fledged private domain), meaning to say it's completed in the counting of the walls of its house that has walls on every side , for example a ditch and so too a fence that we say in the four sides THE WALL GOES UP in front of the walls over its top and we find the head is encirceled on four sides and the open area in the middle is 4x4 but we would say to rebbi yehuda it doesn;t have complete walls and you don't have the full number of walls so it's not a private domain at all Interposing (went in the middle)> through the LITTLE WALLS in perek B in eruvin the SAGES are mekel because the people went up for the festivals in the waterpit in the public domain and the waterpit a private domain that has a depth of 10 and width of 4 and and if you fill up from it and place the water on the side of the pit you are liable and the sages were mekel to make 4 little corners/walls in between which is 10 amot that is INSIDE a private domain to fill up from the pit and said rabbi yehuda if there was INTERPOSING, you move the public domain where the public comes from from between these walls, because IF YOU NOT It would nulify the walls and over there we are ask a stira on rabbi yehuda above that that you can put and carry in between two houses that over the public would go through and not nullify the walls (even if the public goes through it is still private domain) and we ask a stira from rabannan on rabannan (because here they allow it to carry 4 amot or more as it's a yachid even though the public passes and over there not) and the gemora gives an answer. no need for it > meaning that we teach is a publid domain but if the public goes between the corners of the little wall, not it would be public domain since and this is there 4 walls.
ירושלים - רשות הרבים שלה מכוון משער לשער, ומפולש, ויש בה דריסת ששים ריבוא ורחב שש עשרה אמה, ואילמלא שנועלין דלתותיה בכל לילה - חייבין עליה בשבת משום רשות הרבים, אבל נעילת דלתות משויא לה כחצר של רבים, ומערבין את כולה, וכל זמן שלא עירבו - הויא כרמלית ולא מיחייבי עלה, והכי נמי אמרינן בפרק בתרא (עירובין קא ע"א) דירושלים כרמלית היא.
הררי קדם ג סימן יז, א:
דרש"י בסוגיין מחלק בזה בין הסרטיא ופלטיא עצמם להמבואות המפולשין צריך דבסרטיא ופלטיא עצמם דהן החפצא של רה"ר בעי' סרטיא ופלטיא של ס' ריבוא אבל במבואות המפולשין להך לא בעי' ס' ריבוא כלל... ע"י הפילוש להפלטיא שהוא המקום של הרבים ע"כ גם הן נעשין לחלק מרה"ר.
רשות היחיד
אמר מר: זו היא רשות היחיד. למעוטי מאי? - למעוטי הא דרבי יהודה; דתניא, יתר על כן אמר רבי יהודה: מי שיש לו שני בתים בשני צדי רשות הרבים, עושה לחי מכאן ולחי מכאן, או קורה מכאן וקורה מכאן, ונושא ונותן באמצע. אמרו לו: אין מערבין רשות הרבים בכך. ואמאי קרו ליה גמורה? - מהו דתימא: כי פליגי רבנן עליה דרבי יהודה דלא הוי רשות היחיד - הני מילי לטלטל, אבל לזרוק מודו ליה, קא משמע לן.
as the halakha there is just as it is in the case of one who transfers an object in the public domain. There, even though as long as he takes it and walks and does not place the object he is exempt, is it not the case that when he places it he is liable? Obviously, between the place where he lifted the object and the place where he placed the object, where there is liability, there lies an undefined area where, as long as he continues walking, he is exempt. Here too, it is no different, as in both cases an identical situation exists: If he places the object at the end of his path he is liable, despite the fact that the area in the middle is an exempt place. The Gemara rejects this comparison: Is this comparable? There, anywhere that he places the object is a place of potential liability. That cannot be described as two places of liability with an exempt domain between them, as the area between them is also a place of potential liability if he were to place the object there. On the other hand, here, if he places it in the colonnade, it is an absolute exempt domain. Again the question arises: Where is there a precedent of liability for transferring an object through an exempt domain? The Gemara answers: Rather, it is possible to cite a different precedent: The halakha here is just as it is in the case of one who transfers an object in the public domain from the beginning of four cubits to the end of four cubits exactly. There, is it not the case that, even though were he to place it within four cubits of where he stands, he is not liable because within four cubits, the complete prohibited labor of carrying in the public domain was not performed; and nevertheless, when he places it at the end of four cubits he is liable? Here too, it is no different. It can be said that there is a strip of exempt domain between the lifting and the placement. Again the Gemara rejects the analogy: Is that similar? There, in the public domain, for this man it is an exempt domain, as it is within four cubits of the place that he lifted the object. However, for the entire world, it is a place of potential liability, as the space itself is a public domain and it could be beyond four cubits for someone else who placed it there, and he would be liable. Here, on the other hand, the colonnade is an exempt domain for the entire world. There is no comparison between an absence of liability that stems from the fact that the prohibited labor was not completed and an unconditional exemption dependent solely on the nature of the domain in question. Rather, it is possible to cite a different precedent: The halakha here is just as it is in the case of one who carries out an object from the private domain to the public domain through the sides of the public domain. The sides of a public domain are narrow strips located adjacent to the houses where the multitudes do not congregate. There, is it not the case that, even though if one were to place an object on the sides of the public domain, he is exempt and, nevertheless, when he places it in the public domain he is liable? If so, here too, it is no different. Rav Pappa strongly objects to this explanation: Granted, according to the opinion of the Rabbis, who say that the sides of the public domain are a type of independent domain and not considered the public domain, that precedent is similar to our case. However, according to the opinion of Rabbi Eliezer ben Ya’akov, who said that the sides of the public domain are considered a full-fledged public domain, what is there to say? Rav Aḥa, son of Rav Ika, said to him: Say that you heard that Rabbi Eliezer ben Ya’akov said that the sides of the public domain are considered a public domain in a place where there are no stakes [ḥipufei] separating the houses and the courtyards from the actual public domain to prevent the public from damaging the walls of the houses. However, in a place where there are stakes, did you hear him say that the legal status of the sides is that of the public domain itself? Therefore, it is similar to that case of the colonnade, and consequently it serves as a precedent for liability when carrying through an exempt domain. Rabbi Yoḥanan said: Ben Azzai disagreed with regard to carrying out the object while walking through the colonnade. In his opinion one who carries it out is exempt. Yet, he agrees with the Rabbis that in a case where one throws an object from the private domain to the public domain through a colonnade he is liable, as it is tantamount to carrying out directly from domain to domain. That opinion was also taught in a baraita: One who carries out an object on Shabbat from a store to a plaza via a colonnade is liable. The halakha is identical with regard to all means of transferring an object from domain to domain via a colonnade. The same is true for one who carries out, and one who carries in, and one who throws, and one who extends his hand from domain to domain. Ben Azzai says: One who walks and carries out and one who walks and carries in are exempt, as he is considered to have come to rest in the colonnade. On the other hand, one who extends his hand with the object and one who throws the object, whose actions are uninterrupted, are liable. In order to explain the essence of the laws of domains on Shabbat, the Gemara cites what the Sages taught in the Tosefta, that there are four domains for the halakhot of Shabbat: The private domain, and the public domain, and two additional domains: The karmelit, which is like neither the public domain nor the private domain, and an exempt domain, which does not fall into the category of domains. The Gemara elaborates: And what is the private domain? A ditch which is ten handbreadths deep and four handbreadths wide, as well as a fence which is ten handbreadths high and four handbreadths wide; that is a full-fledged private domain. The criteria for a private domain are that it must be an area of four by four handbreadths, with a ten-handbreadth difference in elevation from the surrounding environment. And what is the public domain? A main street [seratia] and a large plaza as well as alleyways [mevo’ot], which are open on both ends to the public domain, connecting between main streets; that is a full-fledged public domain. With regard to those domains: One may not carry out from the private domain of this kind to the public domain of this kind, and one may not carry in from the public domain of this kind to the private domain of this kind. If he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally, and there were no witnesses to his act, and he was not forewarned, he is liable to receive the punishment of excision [karet]. If he was forewarned and there were witnesses to his transgression, he is punished with the court-imposed capital punishment and stoned. However, a sea and a valley and a colonnade and the karmelit all enter into the general category of karmelit, which is neither like the public domain, because the multitudes are not congregated there, nor like the private domain, as it has no partitions. Rather, the Sages instituted that cases like these should be considered an independent domain. One may not carry and place an object in it beyond four cubits, just as it is prohibited to do so in the public domain. And if he nevertheless carried and placed an object in it, he is exempt, as it involves no Torah prohibition. And one may neither carry from it into the public domain nor from the public domain into it, as it is not the public domain. And one may neither carry from the private domain into it nor from it into the private domain, as it is not the private domain. And if he carried out from the private domain or carried in from the public domain, he is exempt, as it involves is no Torah prohibition. Similarly, there is a type of private domain which, by rabbinic law, has the legal status of a karmelit or a public domain. Courtyards shared by many and alleyways that are not open on both sides are private domains that are somewhat similar to the public domain because many people congregate there. For this reason, the Sages issued a decree prohibiting carrying within them. However, if they placed an eiruv, i.e., a joining of courtyards, to transform a common courtyard into a single domain, or a merging of alleyways to merge a common alleyway shared by several courtyards into a single domain, they are all permitted to carry objects from their houses into the courtyard or from the courtyard into the alleyway, respectively. However, if they did not place an eiruv, they are prohibited to do so. An example of the fourth domain listed in the baraita, the exempt domain is: A person standing on the threshold may take an object from the homeowner standing in the private domain and may give an object to him. Similarly, while standing there, he may take an object from a poor person standing in the public domain and may give an object to him because there is no element of prohibition or liability in carrying and carrying out in an exempt domain on Shabbat. There is no prohibition as long as he does not take the object from the homeowner in the private domain and give it to a poor person in the public domain, or from a poor person and give to the homeowner, as by doing so he facilitated transfer from domain to domain. And, however, if he took an object from one and gave it to the other, certainly no labor prohibited by Torah law was performed, and all three of them are exempt. Aḥerim say: Not every threshold is an exempt domain. Some are not sufficiently isolated from the surrounding domains. Sometimes, a threshold serves as two domains; at times the public domain and at times the private domain, as in different circumstances it is subsumed within the adjacent domain. Therefore, when the doorway is open, the threshold is an extension of the house and considered to be a private domain. If the doorway was locked, it is considered like the outside, like part of the public domain. This applies when the threshold is not an independent domain. And if the threshold was ten handbreadths high above the public domain and four handbreadths wide, it is a domain unto itself, i.e., a full-fledged private domain discrete from the house. It was taught in the Tosefta with regard to the definition of a private domain that the Master said, with added emphasis: This is the private domain. The Gemara asks: What was this emphasis added to exclude? The Gemara answers: To exclude this halakha of Rabbi Yehuda, as it was taught in a baraita: Furthermore, Rabbi Yehuda said: One who has two houses opposite each other on two sides of the public domain, if he chooses, he may create a private domain for himself in the public domain. He may place a ten-handbreadth high post from here, perpendicular to the public domain. This creates a symbolic wall which, in the halakhot of alleyways, has the legal status of a wall. And, he may place an additional post from here, on the other side, and that has the same legal status as if he closed the public domain on all of its sides. Or, he can implement a different solution appropriate for alleyways by placing a beam extending from here, from one end of one house, to the end of the house opposite it. This creates a symbolic partition across the width of the street. And, he may place a beam extending from here, from the other side of the house. According to Rabbi Yehuda, in that way, one is permitted to carry objects and place them in the area between the symbolic partitions, as he would in a private domain. The Rabbis said to him: One may not place an eiruv in the public domain in that way. One who seeks to transform a public domain into a private domain must erect actual partitions. The Gemara questions the language of the Tosefta: This is a full-fledged private domain. And why did they call it full-fledged? The Gemara answers: Lest you say: When do the Rabbis disagree with Rabbi Yehuda and say that it is not the private domain? This applies only with regard to the prohibition to carry there on Shabbat. By means of these partitions, it was not rendered a full-fledged private domain to the point that one is permitted to carry there. However, conceivably, with regard to the prohibition of throwing from the public domain to this place, the Rabbis agree with Rabbi Yehuda that the area between the partitions would be considered a private domain by Torah law and it would be prohibited. Therefore, the tanna taught us that according to the Rabbis it is not a private domain at all. It was also taught in the Tosefta with regard to the definition of a public domain that the Master said, with added emphasis: This is the public domain. The Gemara asks: What was this emphasis added to exclude? The Gemara answers: Here, the Tosefta came to exclude another halakha of Rabbi Yehuda. As we learned in a mishna: The Sages permitted those ascending to Jerusalem on the Festival pilgrimage to place posts serving as symbolic boundaries around the wells, in order to render the wells and their surroundings a private domain. That way, the pilgrims could draw water from the wells even on Shabbat, as they became private domains. Rabbi Yehuda says: If the path of the public domain passes through the area of the wells and the posts and obstructs them, he must divert it to the sides, so that the passersby will not pass through there. In his opinion, many people passing through that area negates the private domain formed merely by means of symbolic boundaries. And the Rabbis say: He need not divert the path of the public domain. The emphasis in the Tosefta: This is the public domain, teaches that only the specific areas listed there fall into the category of a public domain; however, a well around which partitions were established is no longer in the realm of public domain, even if the multitudes continue to walk through that area. The Gemara asks: And why do they call it full-fledged? The Gemara answers: This emphasis was unnecessary. But, since he taught the first clause of the Tosefta employing the term full-fledged, he also taught the latter section employing the term full-fledged in the interest of uniformity. With regard to the places characterized as the public domain, the Gemara asks: And include the desert among the places considered a public domain? Wasn’t it taught in a different baraita: What is the public domain? A main street, and a large plaza, and open alleyways, and the desert? Abaye said: This is not difficult, as here, where it enumerated the desert among the public domains, it refers to the time when Israel was dwelling in the desert, and it was an area frequented by the multitudes. And here, where the desert was not enumerated among the public domains, refers to this time, when multitudes do not congregate there. It was also taught in the Tosefta that the Master said: If he carried out an object on Shabbat from the private domain to the public domain or vice versa, if he carried in, if he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally and there were no witnesses to his act and he was not forewarned, he is punishable from the hand of Heaven with the punishment of karet. If he was forewarned and there were witnesses to his transgression, he is punished by the court and stoned. The Gemara asks: Unwittingly, he is liable to bring a sin-offering; it is obvious that one who violates the serious transgression of desecrating the Shabbat unwittingly is liable to bring a sin-offering. The Gemara answers: It was necessary for the tanna to teach that if he did so intentionally he is punishable with karet and stoned. Since he needed to cite those cases because they involve a novel element, he also cited the case where he performed the transgression unwittingly, in order to complete the picture. The Gemara asks: That is also obvious, as the Torah states explicitly that one who desecrates Shabbat intentionally without witnesses and forewarning is punishable by karet, and that when there are witnesses and forewarning he is executed by stoning. The Gemara answers: This came to teach us in accordance with the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya in which matters of Oral Torah were briefly summarized, and in it was written: Isi ben Yehuda says: The primary categories of prohibited labor on Shabbat are forty-less-one, and he is liable only for one. This expression is unclear, and it would seem that it means that one who performs all of the prohibited labors is only liable to bring one sin-offering. The Gemara asks: Is that so? Didn’t we learn in the mishna: The primary categories of prohibited labor are forty-less-one? The mishna proceeded to enumerate those labors. And we discussed it: Why do I need this tally of forty-less-one? It would have been sufficient for the mishna to merely list the prohibited labors. And Rabbi Yoḥanan said: The number is also significant, in order to teach us that if he performed all of the prohibited labors within one lapse of awareness, during which he remained unaware of the prohibition involved, he is liable to bring a sin-offering for each and every one of the prohibited labors separately. Consequently, the statement of Isi ben Yehuda cannot be understood as suggested above. Rather, say as follows: There are forty prohibited labors less one, and he is not liable for one of them. Among those labors, there is one unspecified exception for which one is not liable to be executed by stoning and merely violates a negative prohibition. That which the Tosefta mentioned with regard to one carrying out on Shabbat being liable for karet and stoning, teaches us: This labor of carrying out from domain to domain, is among those prohibited labors with regard to which there is no uncertainty and it is clear that one is liable for karet and stoning for its violation. It was also taught in the Tosefta that the Master said: However, a sea, and a valley, and the colonnade, and the karmelit all enter into the general category of karmelit, which is neither like the public domain nor like the private domain. The Gemara asks: And is a valley neither like the private domain nor like the public domain? Didn’t we learn in a mishna in tractate Teharot: The valley, in the days of summer, which is a time when the multitudes frequent it, nevertheless, it is considered the private domain with regard to the halakhot of Shabbat, as according to the parameters of domains of Shabbat it remains in the realm of a private domain. And, still, it is considered like the public domain with regard to the halakhot of ritual impurity, where there is a distinction between a place frequented by the multitudes and a place that the multitudes do not frequent. While in the rainy season, the winter, when multitudes do not frequent the fields, the valley is considered like the private domain for this, Shabbat, and for that, ritual purity. A valley is a private domain and not a karmelit. Ulla said: Actually, the valley is a karmelit; and why does the mishna call it the private domain? In order to emphasize that it is not the public domain, as the mishna in tractate Teharot did not enter into the details of the halakhot of Shabbat. It merely underscored the distinction between the halakhot of Shabbat and the halakhot of ritual purity. Rav Ashi said: The valley discussed in the mishna in Teharot is unusual, as it refers to a case where it has partitions that are ten handbreadths high surrounding it. And in accordance with that which Ulla said that Rav Yoḥanan said: An enclosure [karpef], a large courtyard that is not contiguous with the house and does not serve a direct purpose for the house, that is greater than a field that produces a crop of two se’a, that was not originally surrounded by a fence for the purpose of residence, but with a partition to protect his belongings, and even if it is as large as a field that produces a crop of one kor, thirty times the size of a se’a, and even two kor, it is still considered a private domain. And, consequently, one who throws an object into it from the public domain on Shabbat is liable. What is the reason for this? It is a partition that surrounds the enclosure and its legal status is like that of a partition in every sense, except that it is lacking residents. Even though the Rabbis were stringent with regard to this enclosure because of the lack of residents and prohibited carrying in it as if it were a karmelit, that does not negate its primary legal status; by Torah law it is a full-fledged private domain. The same is true with regard to the aforementioned valley. The valley is a large area surrounded by partitions erected for the purpose of protection and thereby assumes private domain status. The Gemara asks: Granted, in explanation of the mishna, Rav Ashi did not say in accordance with the opinion of Ulla, as he provided a reason for it. However, what is the reason that Ulla did not say in accordance with his own halakha that he cited in the name of Rabbi Yoḥanan? The Gemara answers: Ulla could have said to you: If the mishna is referring to a case where it has partitions, would it call that place a valley? It is an enclosure. The implication of the word valley is that there are no partitions at all. And Rav Ashi defends his opinion by saying: The language taught in the mishna is: The private domain and not a karmelit. Therefore, his explanation more closely approximates the language of the mishna. In the Tosefta, the list of places whose legal status is that of a karmelit also includes karmelit. The Gemara asks: Aren’t they, all the other places listed there, i.e., a sea, a valley, and a colonnade, a karmelit too? If so, what is this karmelit that is prominently mentioned here? The Gemara answers: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: This addition of karmelit was only necessary in order to teach the case of a corner adjacent to the public domain, where, although at times the multitudes push their way in and enter it, since its use is inconvenient it is considered a karmelit. Similarly, when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Between the pillars alongside the public domain is judged like a karmelit. What is the reason for this? Although the multitudes stride there, since they cannot walk in it in a direct manner, uninterrupted, it is considered like a karmelit. Rabbi Zeira said that Rav Yehuda said: The same is true for the bench that is before the pillars upon which the merchants place their wares; it is judged to be like a karmelit. The Gemara comments: According to the one who said that between the pillars is considered like a karmelit, all the more so a bench is considered a karmelit. However, according to the one who said that a bench is a karmelit, one could say that that is so specifically with regard to a bench because its use is inconvenient. However, the space between the pillars, whose use is convenient, would not be considered a karmelit. Another version of that statement: However, between the pillars where, at times, the multitudes stride there is considered like the public domain. With regard to the question to what degree does the use of the multitudes determine whether a specific place is considered a public domain, the Gemara cites the halakha that Rabba bar Sheila said that Rav Ḥisda said: If an upright brick was placed in the public domain and one threw an object from a distance of four cubits and he stuck the object to its side, he is liable for throwing in the public domain. But if the object landed atop the brick, he is not liable. Because the multitudes do not step on the brick, it is not a full-fledged public domain. It was Abaye and Rava, who both said: And that is specifically when that brick is at least three handbreadths high, as then the multitudes do not step on it, and, therefore, even though the brick is standing in the public domain, it is considered an independent domain. However, thorns and shrubs, even though they are not three handbreadths high, are not considered part of the public domain. Since people do not walk on thorns, those areas cannot be considered part of the public domain. And Ḥiyya bar Rav said: Even the place where there are thorns and shrubs in the public domain, if they were low, the place is considered part of the public domain. However, a place in the public domain where there are feces is not considered part of the public domain, as people do not walk there. And Rav Ashi said: Even a place in the public domain where there are feces is considered part of the public domain, since ultimately people who are rushing to work do not take care to avoid it and will step on it. Rabba from the school of Rav Sheila said: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: There is no karmelit less than four handbreadths. And Rav Sheshet added and said: And the karmelit extends up to ten handbreadths. With regard to the formulation of Rav Sheshet, the Gemara wondered: What is the meaning of the phrase: And extends up to ten? If you say that it means if there is a partition ten handbreadths high surrounding it then it is considered a karmelit, and if not, it is not considered a karmelit. And is it not a karmelit? Didn’t Rav Giddel say that Rav Ḥiyya bar Yosef said that Rav said: A house that does not have walls inside it that are ten handbreadths high, and with its roofing it reaches a height of ten handbreadths above the ground; on its roof, one may carry on all of it, as its roof is a private domain in every sense, and inside it, one may only carry four cubits, as inside, the height is insufficient to render it a private domain, and it retains karmelit status? Apparently, even an area less than ten handbreadths high has the legal status of a karmelit. Rather, what is the meaning of Rav Sheshet’s formulation: And extends up to ten? Apparently, up to ten handbreadths is that which is within the parameters of a karmelit, and above ten handbreadths is not a karmelit. And as Shmuel said to Rav Yehuda: Keen scholar [shinnana], do not be involved with questions in the matters of Shabbat above ten handbreadths. The Gemara elaborates: With regard to what halakha and in the context of what issue did Shmuel make this statement? If you say his intention was that there is no private domain above ten handbreadths, didn’t Rav Ḥisda say: One who stuck a stick in the ground of the private domain and threw an object from the public domain and it landed atop it, even if the stick was a hundred cubits high, he is liable, since the private domain extends up to the sky? Apparently, there is a private domain even above ten handbreadths. Rather, suggest that Shmuel meant that there is no public domain above ten handbreadths. It is a mishna, and why would he repeat an explicit mishna? As we learned in a mishna: With regard to one who throws an object four cubits in the public domain, and the object came to rest on a wall standing in the public domain above ten handbreadths from the ground, it is as if he were throwing an object in the air and it never landed. If it came to rest below ten handbreadths off the ground, it is as if he were throwing an object to the ground. That is an explicit mishna stating that the area of the public domain does not go beyond ten handbreadths off the ground. Rather, it must be that Shmuel’s statement was referring to a karmelit; there is no karmelit above ten handbreadths. And, if so, the Sages were lenient with regard to a karmelit and applied some leniencies of the private domain and some leniencies of the public domain. The Gemara elaborates: Some leniencies of the private domain: That if there is an area of four handbreadths, then it is a karmelit, and if there is not an area of four handbreadths, it is merely an exempt domain. Some leniencies of the public domain: That until a height of ten handbreadths, it is a karmelit, above ten handbreadths is not a karmelit. To the matter itself: It was mentioned above that Rav Giddel said that Rav Ḥiyya bar Yosef said that Rav said: A house that does not have inside it walls that are ten handbreadths high, and with its roofing it reaches a height of ten handbreadths above the ground; on its roof, one may carry on all of it, as its roof is a private domain in every sense, and inside it, one may only carry four cubits, as inside the height is insufficient to render it a private domain and it retains karmelit status. With regard to this halakha, Abaye said: And if he dug out an area of four by four handbreadths in the floor of the house and in the place where the digging took place, its height to the ceiling reaches ten handbreadths, the house becomes a private domain, and it is permitted to carry in the entire house. What is the reason for this? Since the dug out area is a private domain, the rest of the house is ancillary to it, and it assumes the legal status of the holes of the private domain, and the holes of the private domain, although they lack the measure of a private domain, are considered like the private domain itself. As it was stated: Everyone agrees that the holes of the private domain are considered like the private domain; since they are subsumed within the private domain, they are judged to be like it. However, they disagreed with regard to the holes of the public domain. Abaye says: They are considered to be like the public domain. And Rava says: They are not considered to be like the public domain; they are either a karmelit or an exempt domain. Rava said to Abaye: According to you, who said that the holes of the public domain are considered like the public domain, in what way is it different from this halakha? As when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: This addition of karmelit to the Tosefta was only necessary to teach the case of a corner adjacent to the public domain. And, according to your opinion, let this corner be like the holes of the public domain, and its legal status should be that of a public domain itself and not that of a karmelit. Abaye answered: There is a distinction between the cases. There, the corner, its use is not convenient; here, the holes of the public domain, their use is convenient. Since it is convenient to utilize the holes of the public domain, and they are in fact utilized, they are a public domain in every sense. The Gemara raised an additional difficulty for Abaye’s opinion: We learned in a mishna with regard to one who throws an object four cubits in the public domain, and the object came to rest on a wall standing in the public domain above ten handbreadths from the ground, it is as if he were throwing an object in the air and it never landed. If it came to rest below ten handbreadths off the ground, it is as if he were throwing an object to the ground, and he is liable. And we discussed this halakha: What is the reason that when the wall is not ten handbreadths high it is as if he threw it to the ground? The object did not come to rest on the wall, as presumably the object hit the wall and then fell to the ground. Since there was no act of placement, he did not perform the prohibited labor of carrying in the public domain. And Rabbi Yoḥanan said that they learned this mishna as referring to a case when he threw a juicy cake of figs that sticks to the wall and remains there. And should it enter your mind to say that the holes of the public domain are considered like the public domain, why do I need to establish the mishna as referring to the case of a juicy cake of figs? Let us establish it simply as referring to the case of a run-of-the-mill stone or object, and that it came to rest in a hole. Sometimes Abaye would answer the question by saying that a stone or object is different from a juicy fig in that they come back when they are thrown and do not come to rest in the hole. Therefore, it was simpler to establish the mishna in the case of a fig. And sometimes he would answer it by saying that the mishna is referring to a wall that has no hole. And from where does he find support for this explanation? From that which we learned in the first clause of the mishna: One who throws above ten handbreadths from the ground, it is as if he is throwing in the air and it never landed. And if it should enter your mind to say that we are speaking here about a wall that has a hole in it, why should it be as if he threw it in the air and it never landed? It rested in a hole, and that hole is a private domain, as it is above ten handbreadths, and in that way the prohibited labor of carrying in was performed. And if you say that the mishna is referring to a case where holes do not have an area of at least four by four handbreadths, which is common for holes in the wall, and therefore the holes have exempt domain status, didn’t Rav Yehuda say that Rabbi Ḥiyya said: One who threw an object above ten handbreadths and the object went and came to rest in a hole of any size, we have arrived in this matter at the dispute between Rabbi Meir and the Rabbis? The decision whether or not there is a prohibition here depends on an analysis of that dispute. Rabbi Meir holds that in all cases where a certain minimum area is required for a specific halakha to take effect and the existing area is smaller, if, theoretically, circumstances would allow to carve out and create an area of the requisite size, one considers it as if he carves out the space to complete it, i.e., the space has the legal status as if it was actually enlarged. And the Rabbis hold that one does not carve out the space to complete it. Rather, the legal status of the area corresponds to its actual size. Consequently, according to Rabbi Meir, if an object landed in a small hole, one considers the area as if it were carved out to complete the hole to four by four handbreadths, and its legal status is like that of a private domain in every sense. Rather, can we not conclude from the mishna that maintains that one who throws an object onto a wall above ten handbreadths it is as if he threw it in the air, that it is referring to a wall that has no hole in it, and the possibility of carving out the space was never raised? The Gemara concludes: Indeed, conclude from it. The Gemara again returns to the matter that was mentioned above in passing itself [gufa]. Rav Ḥisda said: One who stuck a stick in the ground of the private domain, and an object that he himself threw from the public domain rested atop it, even if that stick was a hundred cubits high, he is liable. The reason for this is because the private domain rises up to the sky. The Gemara suggests: Let us say that when Rav Ḥisda said his statement, it was in accordance with the opinion of Rabbi Yehuda HaNasi. The tanna’im disagreed with regard to a similar issue, as it was taught in a baraita: One who threw an object on Shabbat in the public domain, and the object rested on a projection of any size, Rabbi Yehuda HaNasi deems him liable and the Rabbis deem him exempt. Consequently, only according to Rabbi Yehuda HaNasi is there no need for the object to come to rest on an area of a specific size, and therefore the statement of Rav Ḥisda with regard to the stick can only be in accordance with Rabbi Yehuda HaNasi’s opinion. Regarding this assertion, Abaye said: In the private domain, everyone agrees that the halakha is in accordance with the opinion of Rav Ḥisda, i.e., that the private domain is considered one entity filled from the ground to the sky. However, here this baraita is referring to a special case involving a tree standing in the private domain and its boughs lean into the public domain, and one threw an object from the public domain and it rested upon the boughs of the tree. Rabbi Yehuda HaNasi holds that we say: Cast its boughs after its trunk. The tree’s branches are considered an extension of its trunk, therefore the entire tree is considered a private domain, and one who throws onto it is liable. And the Rabbis hold that we do not say: Cast its boughs after its trunk, and therefore the boughs themselves are not considered to be a private domain, but rather an exempt domain, and one who throws atop them from the public domain is not liable. Abaye said: One who threw a round reed barrel into the public domain, and the barrel is ten handbreadths high and its diameter is not six handbreadths wide, is liable. Since its diameter is less than six handbreadths, its area can fit the area of four handbreadths squared. Therefore, this barrel is considered an object, and if he threw it from the private domain to the public domain he is liable. However, if the diameter of the barrel was six handbreadths wide, he is exempt. Since the area of the barrel is greater than the area of four handbreadths squared, it is considered an independent private domain, and he did not perform an act of throwing an object from one domain to another domain. Rava said: Even if it was not six handbreadths wide he is exempt. What is the reason for this? He is exempt because it is impossible that the ends of the reeds protruding from the weave of the barrel will not extend above ten handbreadths. Consequently, the entire barrel never entered the public domain, as part of it remains in a non-liable place, i.e., ten handbreadths off the ground of the public domain. If he turned the barrel that is less than six handbreadths wide over on its mouth, i.e., if he threw it with its mouth facing down, even if the barrel was only seven handbreadths and a bit high, he is still liable, as the legal status of this barrel is equivalent to that of any other object that lands there. However, if the height of this barrel was seven and a half handbreadths, he is exempt. Within three handbreadths of the ground, the principle of lavud takes effect: An object within three handbreadths of the ground has the legal status of being connected to the ground. The sides of the barrel extend to the ground and then it is considered as if the barrel already touched the ground of the public domain, even though it is actually still three handbreadths away, while its upper part remains an exempt domain. It is as if this was a barrel higher than ten handbreadths. Rav Ashi said: Even if the height of the barrel was seven and a half handbreadths, he is liable, as the sides of the barrel are not considered to be higher than they are in reality. What is the reason for this? The reason is because partitions are made exclusively for the inside of the barrel. The sides of the barrel play no role beyond the barrel itself, and therefore there is no room to extend the sides by means of the principle of lavud. Therefore, if the barrel itself is not higher than ten handbreadths, it is merely an object. Ulla said: A pillar that is nine handbreadths high, standing in the public domain, and many people adjust the burden on their shoulders upon it, and one threw an object from the private domain and it rested atop the pillar, he is liable. What is the reason for this? It is based on this principle: Anything protruding from the public domain: If it is less than three handbreadths off the ground, and the multitudes step on it, it is considered to be part of the ground. If it is from three to nine handbreadths, they, the multitudes, neither step on it nor adjust the burden on their shoulders on it, and it is not considered part of the public domain. However, a protrusion nine handbreadths high, certainly the multitudes adjust the burden on their shoulders on it. Since the multitudes utilize it, it is considered a public domain, despite its height. Based on Ulla’s statement, Abaye said to Rav Yosef: A hole in the ground of the public domain, which is several handbreadths deep, what is its legal status? Is it also considered, in accordance with Ulla’s principle, part of the public domain? In general, with regard to the halakhot of Shabbat, there is no distinction between an area elevated above its surroundings and an area depressed below its surroundings. Rav Yosef said to him: And the same is true in a hole; these halakhot apply. Rava said: In a hole, these halakhot do not apply. What is the reason for this? Since use under duress is not considered use, and the use of a pit even if it is nine handbreadths deep is inconvenient, and it is not comparable to a pillar of the same height. Rav Adda bar Mattana raised an objection to Rava’s opinion from that which was taught in a baraita: One whose basket was placed in the public domain and it was ten handbreadths high and four wide, one may neither move an object from it to the public domain nor from the public domain to it, since its legal status is that of a private domain. If it were less than that height, one may carry from it to the public domain and vice versa. The baraita adds: And the same is true for a hole. Is this statement not referring to the latter clause of the baraita: One may carry from a pit which is less than ten handbreadths deep to the public domain? This supports the opinion of Rav Yosef, that a hole is subsumed within the public domain. Rava rejected this: This statement is not referring to the latter clause of the baraita, but rather to the first clause of the baraita: It is like a basket in that one may not carry from a hole ten handbreadths deep to the public domain because it is a full-fledged private domain. However, no conclusion may be drawn with regard to a hole less than ten handbreadths deep. Rav Adda bar Mattana raised another objection to Rava’s opinion from what was taught in a different baraita, which deals with the laws of joining of borders: One who intended to establish his Shabbat abode in the public domain at a specific site must place food sufficient for two meals for that site to be considered his legal residence. And if he placed the food used for his eiruv in a pit above ten handbreadths, i.e., less than ten handbreadths below ground level, his eiruv is an eiruv. If he placed the eiruv below ten handbreadths from ground level, his eiruv is not an eiruv. Because the pit is a private domain and he may not carry the eiruv from that private domain to a public domain, where he has established his residence, the eiruv is invalid. The Gemara seeks to clarify the details of this case. What are the exact circumstances? If you say that the baraita is referring to a pit that has ten handbreadths in depth and the phrase: And he placed it above ten handbreadths, means that he raised the eiruv and placed it within ten handbreadths of ground level, and the phrase: Below ten handbreadths, means that he lowered the eiruv and placed it ten handbreadths or more below ground level, what difference does it make to me if the eiruv is above ten handbreadths and what difference does it make to me if it is below ten handbreadths? In any case, the pit is a private domain, and the principle states that the private domain extends from its lowest point to the sky. There is no difference whether the eiruv was placed higher or lower. In any case, he is in one place, in the public domain, and his eiruv is in another place, in the private domain. Since he cannot take the eiruv out of the pit, his eiruv is not an eiruv. Rather, is the baraita not referring to a pit that does not have in it a depth of ten handbreadths? And the baraita should be understood as follows: If he placed his eiruv below ten handbreadths, refers to a pit whose lowest point is ten handbreadths or more below ground level. If he placed his eiruv above ten handbreadths, refers to a pit that is less than ten handbreadths deep and is not a private domain. And, with regard to that case, it was taught that his eiruv is an eiruv. Consequently, usage under duress in a pit that is less than ten handbreadths deep is considered usage, and a pit of that kind is a full-fledged part of the public domain. Rava suggested various responses to this objection. At times he would answer him that it is referring to a case where both he and his eiruv are in a karmelit, i.e., that he intended to establish residence in a karmelit and placed his eiruv there. The pit is less than ten handbreadths deep, and consequently, both he and his eiruv are in the same domain. And why does the baraita call his place of residence the public domain? Because it is not the private domain. And at times he would answer him that it is referring to a case where he was, indeed, in the public domain and his eiruv was in a karmelit, as a pit that is not ten handbreadths deep is not part of the public domain, rather it is a karmelit. With regard to the question, how can this be considered a legitimate eiruv as it is forbidden to carry from a karmelit to a public domain as well, this baraita is in accordance with the opinion of Rabbi Yehuda HaNasi, who said: Anything that is prohibited on Shabbat and its prohibition is not by Torah law, rather it is due to a rabbinic decree [shevut], the Sages did not issue the decree to apply during twilight, which is neither definitive day nor definitive night. Consequently, at the time that the eiruv was placed in the karmelit it was permissible for him to carry it to the public domain. Since an eiruv takes effect even if it is fit for use just one moment during twilight on Shabbat eve, his eiruv is effective. And Rava said to Rav Adda bar Mattana: Do not say that I am just putting you off with these answers. Rather, what I am saying to you is accurate. The opinion that usage under duress is not considered usage is a bona fide opinion and the suggested answers are appropriate explanations of that baraita. As we learned in a mishna: If there was a swamp and the public domain passes through it, one who throws an object into it at a distance of four cubits is liable just like anyone who carried four cubits in the public domain. And how deep is this swamp? It is less than ten handbreadths. The mishna adds: And with regard to a swamp that the public domain passes through it, one who throws four cubits into the swamp is liable. The difficulty concerning the repetition of the same topic with virtually identical words is clear, and therefore: Granted, it is possible to explain, that swamp swamp was repeated twice; one case is referring to the summer, and one case is referring to the rainy season. And it is necessary to emphasize that this ruling is in effect both in the summer and in the winter. As, had the mishna told us this halakha only in the summer, we would have said that since people commonly pass through the swamp to cool themselves, it is considered part of the public domain. However, in the rainy season I would have said it is not part of the public domain. And conversely, had the mishna told us this halakha only in the rainy season, I would have said that since he is filthy anyway, it happens that he is not cautious and enters into the swamp. However, in the summer, when he is not dirty with mud, I would have said that it is not part of the public domain. Therefore, it was necessary for the mishna to repeat swamp twice, to teach us that this halakha applies at all times. However, why do I need the mishna to state twice that the public domain passes through that swamp? Rather, shouldn’t one conclude from this that passage, even when it is under duress, and not free and easy, is considered passage, but usage under duress is not considered usage? It was necessary to emphasize that the public domain actually passes through it. If the multitudes do not pass through it and it was only used under duress, it would not have been considered a public domain. The Gemara concludes: Indeed conclude from this. Somewhat related to the case of the barrel discussed earlier which was a case of moving an object without liability, the Gemara cites that Rav Yehuda said: That bundle of reeds that he stood upright and threw down, stood upright and threw down repeatedly, he is not liable for carrying it four cubits in the public domain until he lifts it off the ground. As long as he did not lift it from the ground, even though he moved it a long way, he did not perform the acts of lifting and placing which are prohibited by Torah law, as at least one part of the bundle always remained on the ground. The Master said: A person standing on the threshold may take an object from the homeowner standing in the private domain and may give an object to him. Similarly, while standing there, he may take an object from a poor person standing in the public domain and may give an object to him because there is no element of prohibition or liability in carrying in and carrying out in an exempt domain on Shabbat. The Gemara asks: This threshold, what is it; to what type of threshold is it referring? Different thresholds have different halakhic status. If you say that it is referring to a threshold that is the public domain, i.e., the threshold of an alleyway that is fewer than three handbreadths off the ground and is not covered, and the post that demarcates the parameters of the alleyway is situated between the public domain and the alleyway, how can the Tosefta say that he may take an object from the homeowner? Isn’t he carrying out from the private domain to the public domain? Rather, say that the Tosefta is referring to a threshold that is the private domain, in a case where it is covered, or it is situated between the post that demarcates the parameters of the alleyway and the private domain, or it is ten handbreadths high and its area is at least four by four handbreadths. How then can the Tosefta say that he may take an object from a poor person? Isn’t he carrying in from the public domain to the private domain? Rather, say that the Tosefta is referring to a threshold that is a karmelit, i.e., it is not ten handbreadths high and it is four by four handbreadths; how can the Tosefta say that he may take and give even ab initio? Ultimately, in this case, there is nevertheless a prohibition. Even though a karmelit does not engender liability by Torah law, carrying from it is prohibited by rabbinic law and is certainly not permitted ab initio. Rather, say that the Tosefta is referring to a threshold that is merely an exempt domain, and therefore there is no prohibition at all. In what circumstances is it an exempt domain? In a case where it does not have an area of four by four handbreadths, and it is therefore not considered a domain with regard to liability on Shabbat. And that halakha is similar to that statement made when Rav Dimi came from Eretz Yisrael to Babylonia and he said that Rabbi Yoḥanan said: A place that does not have an area of four by four handbreadths and is set apart, it is permissible for both the people of the private domain and for the people of the public domain to adjust the burden on their shoulders upon it on Shabbat, as long as they do not exchange objects between them from one domain to the other domain. The Master also said in the Tosefta: A person standing on the threshold may take an object from the homeowner and give an object to him, and he may take an object from the poor person or give an object to him, as long as he does not take the object from the homeowner and give it to a poor person or from a poor person and give it to the homeowner. And, however, if he took an object from one and gave it to the other, certainly no labor prohibited by Torah law was performed in that case, and all three of them are exempt. The Gemara asks: Say that this will be a conclusive refutation of Rava’s opinion, as Rava said: One who transfers an object from the beginning of four cubits to the end of four cubits in the public domain, even though he transferred it above the upper boundary of the public domain via the airspace above it, i.e., he raised the object more than ten handbreadths above the ground of the public domain, which is an exempt domain, still he is liable for carrying in the public domain. On the other hand, in the Tosefta it says that if the object passed through an exempt domain, he is exempt by Torah law from punishment for passing it from domain to domain. The Gemara rejects that refutation as there is room to distinguish between the cases: There, in the halakha stated by Rava, the object did not come to rest in an exempt domain; it merely passed through its airspace. However, here, when transferred via the threshold, the object came to rest in an exempt domain, and as a result, the act of carrying out was divided into two separate actions, neither of which involves a Torah prohibition. Later in the Tosefta, Aḥerim say: Depending on the circumstances, a threshold serves two domains: When the entrance is open, the threshold is subsumed within the house and it is considered to be a private domain like the inside of the house. And when the entrance is locked, the threshold is not subsumed within the house, and it is considered to be a public domain like the outside. The Gemara wonders: When the entrance is open the threshold is considered to be like a private domain, and is this so even though it does not have a post on its side? Didn’t Rav Ḥama bar Gurya say that Rav said: The opening in the wall, i.e., the doorway, requires another post in order to permit carrying there? A symbolic partition must be established at the side of the opening for that doorway to be considered closed and render carrying within it permissible like a full-fledged private domain. In the Tosefta, no mention was made of the need for a post of that kind. And if you say that the Tosefta is referring to a threshold that does not have an area of four by four handbreadths, which is not considered an independent area and therefore does not require a post, didn’t Rav Ḥama bar Gurya say that Rav said explicitly: The opening, even though it does not have an area of four by four handbreadths, requires another post in order to permit carrying there? Rav Yehuda said that Rav said: Here we are dealing with the threshold of an alleyway open to the public domain on only one side. Although, by Torah law, it is considered a private domain, the Sages required him to establish a fourth symbolic partition on the side open to the public domain. This alleyway was covered, and this covering extended to part of the threshold in a manner that half of it is covered and half of it is not covered, and the covering is over the part of the threshold toward the inside. In that case, if the entrance is open, its legal status is like that of the inside, as it is considered as if there were a partition extending from the edge of the roofing above to below, based on the halakhic principle: Lower the partition. The opening of the alleyway is thereby sealed, rendering it a private domain. However, when the entrance is locked, it is no longer possible to consider the covering as a partition, and therefore the part of the threshold that is beyond the locked door of the alleyway is considered like the outside, i.e., like a public domain. Rav Ashi said: Actually, we can say that we are dealing with the threshold of a house, and in a special circumstance, a case where he covered the threshold with two beams. Furthermore, neither this beam is four handbreadths wide, nor is that beam four handbreadths wide, and there is not a gap of three handbreadths between this one and that one, and there is a door between the two beams. In this case, when the entrance is open, since there is a space of less than three handbreadths between the beams and, based on the principle of lavud, any space less than three handbreadths is considered non-existent, the two beams are considered to be one wide beam. It is considered as if there were a partition extending from the edge of the roofing above to below, based on the halakhic principle: Lower the partition. The threshold is thereby sealed and considered a full-fledged private domain like the inside. However, when the entrance is locked, the two beams do not join together to become one anymore. Since the door creates a separation between them and the outer beam is less than four handbreadths wide, it is not considered a roof from which a partition extends to the ground, and the area under this beam is considered to be a public domain like the outside. The Sage also said in the Tosefta that if the threshold was ten handbreadths high and four by four handbreadths wide, it is an independent domain, even if it was inside a private domain. The Gemara comments: This supports the opinion of Rav Yitzḥak bar Avdimi, as Rav Yitzḥak bar Avdimi said that Rabbi Meir used to say: Any place that you find two domains, i.e., two places, each of which is sufficiently distinct to be an independent domain, and even though they are halakhically one domain, i.e., in a case where a pillar that is ten handbreadths high and four by four wide is standing in the private domain, even though the pillar is a private domain based on its measurements, it is prohibited by rabbinic law to adjust a burden on one’s shoulders upon it and to lift an object from the ground of the private domain and place it atop the pillar, as the pillar is deemed by its measurements to be an independent domain. It is prohibited by a decree issued by the Sages due to a similar situation, the case of a mound of that size in the public domain. In the public domain, lifting an object from the ground and placing it on the mound constitutes a violation of the Torah prohibition of carrying out from the public domain to the private domain. Therefore, the Sages prohibited placing an object on a pillar even in the private domain. MISHNA: After having dealt with the limited and defined topic of the halakhot of carrying out on Shabbat, the mishna begins to deal with the halakhot of Shabbat chronologically, beginning with activities that one may not perform prior to the onset of Shabbat. With regard to one’s daily conduct, the mishna says: A person may not sit before the barber adjacent to the time of minḥa until he recites the afternoon prayer. And a person may not enter the bathhouse and may not enter to work in a tannery [burseki]. And he may neither begin to eat a meal nor to sit in judgment until he prays. And however, if they already began engaging in those activities, they need not stop and recite the Amida prayer. The tanna articulated a principle: One stops engaging in all of these activities to recite Shema and one does not stop to recite the Amida prayer. GEMARA: First, the Gemara seeks to clarify: Which “adjacent to minḥa,” in other words, adjacent to which minḥa is the mishna referring? There is a difference between the time of greater minḥa [minḥa gedola], which begins approximately a half hour after noon, and the time of lesser minḥa [minḥa ketana], which begins approximately two and a half hours before sunset. The Gemara elaborates: If you say that it is prohibited to perform all of these activities adjacent to minḥa gedola, why not? Isn’t there still much time remaining in the day? Rather, the mishna means adjacent to minḥa ketana. The Gemara asks: In that case, if they started, they need not stop. Let us say that this will be a conclusive refutation of the opinion of Rabbi Yehoshua ben Levi, as Rabbi Yehoshua ben Levi said: Once the time of the afternoon prayer has arrived, it is prohibited for a person to taste anything before he recites the afternoon prayer. The implication is that even if one began to eat he must stop. Rather, that explanation is rejected and the Gemara says: Actually the mishna is referring to adjacent to minḥa gedola, and the statement of Rabbi Yehoshua ben Levi is dealing with adjacent to minḥa ketana. In response to the question: If the mishna means adjacent to minḥa gedola isn’t there significant time remaining in the day? The Gemara explains that each of the activities enumerated in the mishna is performed in an especially time-consuming manner. When the mishna said: A person may not sit before the barber, it was referring to a haircut of ben Elasa, whose haircut was very complicated and required several hours to complete. When the mishna said: A person may not go into the bathhouse adjacent to minḥa, it was referring to all matters involved in a visit to the bathhouse; not only washing, but also washing one’s hair, rinsing, and sweating. And he may not enter the tannery adjacent to minḥa, the reference is to a large tannery where there are many hides that require tanning and he must initiate the tanning process from the beginning. And he may not enter to eat, the reference is to a big meal, which lasts a long time. And he may not enter to sit in judgment, refers to a judge who enters at the beginning of the trial, and, generally, it will take a long time until a verdict is reached. Rav Aḥa bar Ya’akov said: Indeed the mishna can be explained as referring to minḥa gedola and actually, even our ordinary haircut is prohibited. Ab initio, why may he not sit before the barber adjacent to the time of minḥa? Due to a decree lest the scissors break, and considerable time pass until they repair the scissors or obtain others. When the mishna said: A person may not enter the bathhouse adjacent to minḥa, it is prohibited even if he is entering just to sweat. Ab initio, why may he not enter? Due to a decree issued by the Sages lest he faint in the bathhouse and considerable time elapse until he recovers. And he may not enter the tannery adjacent to minḥa, even if he intends just to examine the skins. Ab initio, why may he not enter? Due to the concern that perhaps he will notice damage to his merchandise and become anxious and come to restore what was ruined. And he may not enter to eat a meal adjacent to the time of minḥa is referring even to a small meal. Ab initio, why may he not enter? There is concern that perhaps he will come to extend his meal for a long time. And he may not enter to sit in judgment adjacent to the time of minḥa, the mishna is referring even at the conclusion of the trial. Ab initio, why may he not enter? Due to concern that perhaps he will find a reason, contrary to what he originally thought, and will overturn the verdict completely, necessitating the restart of the trial from the beginning. We learned in the mishna that if he began one of the aforementioned activities, haircut, bath, tannery, meal, and judgment, he is not required to stop. The Gemara asked: From when is it considered the beginning of the haircut? Rav Avin said: From when he places the barber’s wrap over his knees. And from when is it considered the beginning of the bath? Rav Avin said: From when the one entering the bathhouse to bathe removes his outer wrap, his cloak. And from when is it considered the beginning of his visit to the tannery? From when he ties the leather apron between his shoulders (Me’iri). And from when is it considered the beginning of eating? Rav said: From when he ritually washes his hands for the meal. And Rabbi Ḥanina said: From when he loosens his belt. The Gemara comments: And they do not disagree. Rather this, the statement of Rabbi Ḥanina, who said that the beginning of the meal is considered from when he loosens his belt, is for us, for the people of Babylonia, who are accustomed to close their belts tightly, and therefore the beginning of the meal is when one loosens his belt. And that, the statement of Rav, who said that the beginning of the meal is considered from when he ritually washes his hands, is for them, the people of Eretz Yisrael who did not close their belts tightly, and therefore only when one washes his hands does the meal begin. Similarly, Abaye said: Those Babylonian Torah scholars, according to the opinion of the one who said: The evening prayer is voluntary, once one of them loosens his belt, we do not impose upon him to stop his meal and pray. And the Gemara wonders: And according to the opinion of the one who said that the evening prayer is obligatory, we do impose upon him? Doesn’t everyone agree that the afternoon prayer is obligatory? And we learned in our mishna that if they started eating, they need not stop. And with regard to that halakha, Rabbi Ḥanina said: The beginning of the meal is from when he loosens his belt. The Gemara responds that there is a difference between the cases. There, at the time of the afternoon prayer, drunkenness is uncommon, as it is unusual to drink excessively during the day. However, here, in the case of the evening prayer, drunkenness is common, and therefore there was room to issue a decree requiring one to interrupt his meal to recite the evening prayer. Alternatively, it is possible to explain that with regard to the afternoon prayer, since its time is fixed, he is anxious, and he won’t come to be negligent and forget to pray. However, with regard to the evening prayer, since all night is the time for the evening prayer, he is not anxious, and he will come to be negligent. Rav Sheshet strongly objects to this: Is it a burden to tie his belt? In addition, if it is a burden, let him stand that way, without a belt, and pray. The Gemara answers: It is necessary to wear a belt while praying, since it is stated: “Prepare to greet your God, Israel” (Amos 4:12). One must prepare and adorn himself when standing before God. Since the verse: “Prepare to greet your God, Israel,” was cited with regard to the obligation to prepare and adorn oneself before prayer, the Gemara cites that indeed Rava bar Rav Huna would don expensive socks and pray and he said he would do this as it is written: “Prepare to greet your God, Israel.” On the other hand, Rava would not do so; rather, in his prayer he would remove his cloak and clasp his hands and pray. He said that he would do so as a slave before his master, who appears before him with extreme submission. Rav Ashi said: I saw that Rav Kahana, when there is suffering in the world, would remove his cloak and clasp his hands and pray. And he said that he did so as a slave before his master. When there is peace in the world, he would dress, and cover himself, and wrap himself in a significant garment, and pray, and he said that he did so in fulfillment of the verse: “Prepare to greet your God, Israel.” Speaking of prayer, the Gemara relates that Rava saw Rav Hamnuna, who was prolonging his prayer. He said about him: They abandon eternal life, the study of Torah, and engage in temporal life, prayer, which includes requests for mundane needs. The Gemara explains: And Rav Hamnuna held that the time for prayer is distinct and the time for Torah is distinct. The time that one devotes to prayer is not at the expense of the time devoted to Torah study. Similarly, the Gemara relates that Rabbi Yirmeya was sitting before Rabbi Zeira and they were engaged in the study of halakha. The time for prayer was approaching and it was getting late and Rabbi Yirmeya was hurrying to conclude the subject that they were studying in order to pray. Rabbi Zeira read this verse as applying to Rabbi Yirmeya: “One who turns his ear from hearing Torah, his prayer is also an abomination” (Proverbs 28:9). We learned that if one enters to sit in judgment adjacent to minḥa, he need not interrupt the trial and pray. The Gemara clarifies: From when is it considered the beginning of a trial? Rabbi Yirmeya and Rabbi Yona disagreed. One said that it begins from when the judges wrap themselves in their prayer shawls, as judges were accustomed to do before sitting in judgment. And one of them said that the beginning of judgment is from when the litigants begin articulating their claims. The Gemara comments: And they do not disagree. Rather, this amora, who says that it is from when the litigants begin, refers to a case where they were already engaged in a previous trial, and the judges were already wrapped in their prayer shawls. And that amora, who says that it is from when the judges wrap themselves in their prayer shawls, refers to a case where they were not engaged in a previous trial, and, as a result, the trial begins when they wrap themselves in the prayer shawls. Speaking of judgment, the Gemara relates that Rav Ami and Rav Asi would sit and study between the pillars beneath the study hall. And each and every hour they would knock on the bolt of the door and say: If there is someone who has a case that requires judgment, let him enter and come before us. The Gemara also relates that Rav Ḥisda and Rabba bar Rav Huna would sit in judgment all day and their hearts would grow weak from hunger. Therefore, Rav Ḥiyya bar Rav from Difti taught them a baraita with regard to the verse: “And it was the next day and Moses sat to judge the people and the people stood over Moses from the morning until the evening” (Exodus 18:13). Does it enter your mind that Moses would sit and judge all day long? If so, when was his Torah study accomplished? Rather, surely the verse is coming to tell you: Any judge who judges a true judgment truthfully, even if he sits in judgment only one hour, the verse ascribes to him as if he became a partner to the Holy One, Blessed be He, in the act of Creation, as by means of a true judgment he upholds the world (Me’iri). This conclusion is derived by means of a verbal analogy [gezera shava]: It is written here: “And the people stood over Moses from the morning until the evening.” And it is written there, in the act of Creation: “And it was evening and it was morning, one day” (Genesis 1:5). The evening and part of the morning are considered a whole day. With regard to this issue as well, it is sufficient for the judges to sit in judgment for only part of the day and there is no need for them to starve themselves by sitting in judgment all day. The Gemara questions further: Until when do they sit in judgment? What is the usual time that court adjourns? Rav Sheshet said: Until mealtime, noon. Rav Ḥama said: What is the verse that alludes to this? As it is written: “Woe to you, land that your king is a lad and your ministers eat in the morning. Happy are you, land that your king is free and your ministers eat on time in strength and not in drunkenness” (Ecclesiastes 10:16–17). He interprets the verse: The ministers in a proper country sit to eat only after they engaged in the strength of Torah and in judgment and not in the drunkenness of wine. The Sages taught in a baraita: Eating in the first hour of the morning is the time of eating for Ludim, who are members of a nation of cannibals, and they are ravenous and hurry to eat. The second hour is the time of the eating of robbers. Since they spend the night stealing, they eat early in the morning. The third hour is the time of eating for heirs, i.e., people who inherited a lot of money and do not work for their sustenance. Their only preoccupation in the early hours of the morning is eating. The fourth hour is the time of eating for workers. The fifth hour is the time of eating for all people. The Gemara asks: Is that so? Didn’t Rav Pappa say that the fourth hour is mealtime for all people? Rather, emend the statement and say: The fourth hour is the time of eating for all people. The fifth hour is the time of eating for workers who do not have time to eat beforehand. The sixth hour is the time of eating for Torah scholars as, until then, court is in session. The Gemara adds: One who eats from then on is as if he is throwing a stone into a barrel, meaning that by then it does not contribute to the body’s health. Abaye said: We only said that eating from the sixth hour on is not beneficial, when he did not taste anything in the morning; however, if he tasted something in the morning, we have no problem with it. Rav Adda bar Ahava said: A person may, ab initio, recite his prayer in the bathhouse. The Gemara raises an objection from what was taught in the Tosefta: One who enters the bathhouse, in the first room, a place where all people stand dressed, it is like any other place and reading the Torah and prayer are permitted there, and, needless to say, in that room greeting [shalom] others is permitted. And he may don phylacteries there, and, needless to say, if he was already donning phylacteries that he need not remove them. In the next room, a place where people dress and undress and they stand both naked and dressed, greeting others is permitted there. However, reading the Torah and prayer are not permitted there. And if one was already donning phylacteries there, he need not remove the phylacteries. However, he may not don phylacteries there ab initio. In the innermost room, which is a place where people stand naked, greeting others is not permitted there, and, needless to say, reading the Torah and prayer are prohibited there. And if he is donning phylacteries there, he must remove the phylacteries, and, needless to say, he may not don them there ab initio. Apparently, the Tosefta contradicts the statement of Rav Adda bar Ahava as he was, no doubt, referring to the innermost room in the bathhouse, which alone is referred to simply as a bathhouse, and, according to him, one may pray there ab initio. The Gemara answers: When Rav Adda bar Ahava said his halakha, he was referring to an empty bathhouse in which there are no people. The Gemara asks: Didn’t Rabbi Yosei bar Ḥanina say: With regard to the bathhouse in which they said that it is prohibited to pray, the prohibition exists even though there are no people in it? With regard to the bathroom in which they said that it is prohibited to pray, the prohibition exists even though there are no feces in it. Certainly, since the place serves a repugnant purpose, it is inappropriate to pray there at any time. The Gemara answers: Rather, when Rav Adda made his statement, he was referring to a new bathhouse that had not yet been used for bathing. The Gemara asks: Didn’t Ravina raise a dilemma before Rav Adda with regard to this matter: A place that one designated as a bathroom, what is its legal status as far as praying there is concerned? Is there designation as a significant and determining factor in this case? Or, is designation not a halakhically significant matter? And the dilemma was not resolved for him. Is the same not true with regard to the bathhouse? Doesn’t the same dilemma exist there? The Gemara answers: No, perhaps the bathroom is different, as it is disgusting. Once a place is called a bathroom it is disgusting and no longer fit for prayer. However, until he actually bathes in a bathhouse it remains fit for prayer. It was taught in the Tosefta: There is no greeting [shalom] others permitted in the bathhouse. The Gemara comments that this statement supports the opinion of Rav Hamnuna in the name of Ulla, who said: It is forbidden for a person to greet [shalom] his friend in the bathhouse because Shalom is one of the names of God, as it is stated: “And Gideon built there an altar for God and he called Him Lord Shalom” (Judges 6:24). Therefore, it is prohibited to utter the word shalom in a dishonorable place. The Gemara asks: But if so, words connoting faithfulness are also forbidden to say in the bathroom, as it is written “The faithful God who keeps the covenant and the kindness” (Deuteronomy 7:9). And if you say that it is indeed so, that it is forbidden to use the language of faithfulness in the bathroom, didn’t Rava bar Meḥasseya say that Rav Ḥama bar Gurya said that Rav said: It is permitted to say faithfulness in the bathroom? The Gemara answers: There is a difference between the terms: There, the name of God itself is not called in that way, as we translate it as “the faithful God.” However, here, the name of God Himself is called Shalom, as it is written: “And he called Him Lord Shalom.” It is not an adjective, but a holy name in and of itself. Incidental to the halakhic statement in his name, the Gemara also cites another statement that Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: One who gives a gift to another must inform him that he is giving it to him. As it is stated: “Only keep My Shabbatot for it is a sign between Me and you for your generations to know that I am God Who sanctifies you” (Exodus 31:13). When the Holy One, Blessed be He, gave Shabbat to Israel, He told Moses to inform them about it. That was also taught in a baraita: The verse states: “For I am God Who sanctifies you,” meaning that the Holy One, Blessed be He, said to Moses: I have a good gift in My treasure house and Shabbat is its name, and I seek to give it to Israel. Go inform them about it. From here Rabban Shimon ben Gamliel said: One who gives a gift of bread to a child needs to inform his mother that he gave it to him. The Gemara asks: What does he do to the child, so that his mother will know that he gave him a gift? Abaye said: He should smear him with oil or place blue shadow around his eye in an obvious manner. When the mother of the child notices and asks him about it, he will tell her that so-and-so gave him a piece of bread. The Gemara asks: And now that we are concerned about witchcraft involving oil or eye shadow, what should one who gives a gift do? Rav Pappa said: He should smear him with food of the same type that he gave him to eat. With regard to the halakha itself, the Gemara asks: Is that so? Didn’t Rav Ḥama bar Ḥanina say: One who gives a gift to his friend need not inform him, as God made Moses’ face glow, and nevertheless it is stated with regard to Moses: “And Moses did not know that the skin of his face shone when He spoke with him” (Exodus 34:29)? The Gemara answers: This is not difficult. When Rav Ḥama bar Ḥanina said that he need not inform him, he was referring to a matter that is likely to be revealed. When Rabban Shimon ben Gamliel said that he needs to inform him, he was referring to a matter that is not likely to be revealed. The Gemara asked: If so, isn’t Shabbat likely to be revealed, as it will be necessary to inform them of Shabbat together with the other mitzvot? Why was Moses asked to inform them about Shabbat separately? The Gemara answers: The giving of its reward is not likely to be revealed, and it was necessary to inform them about so extraordinary a gift. The Gemara relates that Rav Ḥisda would take in his hand two gifts of the priesthood separated from an ox. He said: Anyone who comes and tells me a new halakha in the name of Rav, I will give these gifts to him. Rava bar Meḥasseya said to him, Rav said as follows: One who gives a gift to his friend needs to inform him, as it stated: “To know that I am God Who sanctifies you.” He gave the gift to Rava bar Meḥasseya. Rava bar Meḥasseya said to Rav Ḥisda: Are the halakhot of Rav so beloved to you? Rav Ḥisda said to him: Yes. Rava bar Meḥasseya said to him, this is what Rav said: Fine wool is precious to those who wear it (Rav Ya’akov Emden), meaning only a person who is used to delicate items can appreciate their quality. Rav Ḥisda said to him excitedly: Did Rav say that? The latter statement is preferable to me more than the first. And if I were holding another gift I would give it to you. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: A person should never distinguish one of his sons from among the other sons by giving him preferential treatment. As, due to the weight of two sela of fine wool [meilat] that Jacob gave to Joseph, beyond what he gave the rest of his sons, in making him the striped coat, his brothers became jealous of him and the matter unfolded and our forefathers descended to Egypt. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said Rav said: A person should always seek and dwell in a city whose settling took place in the recent past, meaning that it was recently established, as due to the fact that its settling is recent its sins are few, as its residents have not yet had the opportunity to commit many sins there. As it is stated that Lot said to the angel: “Behold, here is this city that is close to run away to and it is small” (Genesis 19:20). What is the meaning of the word close? If you say: That it is close in distance and truly small, why did he need to say that to the angel? Didn’t they see it? Rather, the meaning of the word close must be because its settling was close, that it had been recently settled, and therefore its sins were few. Rabbi Avin said: What is the verse that teaches us that Zoar was newer than the other cities? As it is written: “I will escape there please [na]” (Genesis 19:20); the numerological value of nun alef, the letters of the word na, is fifty-one, while Sodom was fifty-two years old. And Sodom’s tranquil period during which they committed their sins was altogether twenty-six years, as it is written: “Twelve years they served Chedorlaomer and thirteen years they rebelled, and in the fourteenth year Chedorlaomer came” (Genesis 14:4–5). The twelve years plus the fourteen years during which they were enslaved were not years of tranquility, leaving only twenty-six tranquil years when they were sinful. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: Any city whose roofs are higher than the synagogue will ultimately be destroyed because of the contempt shown the synagogue. Allusion to this is from that which is stated: “To uplift the house of our God and restore its ruins” (Ezra 9:9). The house that is devoted to God needs to be elevated above the other houses of the city. The Gemara adds: And this applies only to the height of the houses themselves. However, if the poles [kashkushei] and the towers [abrurei] that extend from the house are higher than the synagogue, we have no problem with it. Rav Ashi said: I caused the city of Mata Meḥasseya to not be destroyed by building the synagogue higher than the other houses. The Gemara asks: Wasn’t Mata Meḥasseya ultimately destroyed? The Gemara answers: It was not destroyed because of that sin; other sins caused its destruction. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: It is preferable to be under the yoke of Ishmael and not under the yoke of a stranger, the Romans; under a stranger and not under a Ḥabar, a Persian Zoroastrian fire priest; under a Ḥabar and not under a Torah scholar, as if one offends a Torah scholar who is greater than he, the scholar will be exacting with him and he will be punished at the hand of Heaven; under a Torah scholar and not under an orphan or a widow, as they are easily insulted and God promised to hear their cries and punish those who offend them. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: It is preferable to suffer from any extended illness and not from an intestinal illness. Similarly, it is preferable to suffer any pain, even if it is sharp and excruciating, and not heart pain; any slight ache and not a headache; any evil and not an evil wife. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: Even if all the seas would be ink, and the reeds that grow near swamps would be quills, and the heavens would be parchment upon which the words would be written, and all the people would be scribes; all of these are insufficient to write the unquantifiable space of governmental authority, i.e., all the considerations with which a government must concern itself and deal. Rav Mesharshiya said: What is the verse that alludes to this? “The Heavens on High and the land to the depth and the heart of kings are unsearchable” (Proverbs 25:3). And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: A fast is effective to neutralize a bad dream like fire burns chaff. Rav Ḥisda said: And a fast is effective specifically on that day that he dreamed. And Rav Yosef said: One suffering from a bad dream that he dreamed is permitted to fast even on Shabbat. The Gemara relates: Rav Yehoshua, son of Rav Idi, happened to come to the house of Rav Ashi. They prepared a third-born calf, whose meat is high quality, for him. They said to him: Let the Master taste something. He said to them: I am sitting in the midst of a fast. They said to him: And does the Master not hold in accordance with this halakha of Rav Yehuda, as Rav Yehuda said: A person can borrow his fast and not fast on the day that he originally designated, and repay it by fasting on another day? You can postpone your fast to another day. He said to them: It is a fast for a dream. And Rava bar Meḥasseya said that Rav Ḥama bar Gurya said that Rav said: A fast is effective to neutralize a bad dream like fire burns chaff. And Rav Ḥisda said that the fast is effective specifically on that day that he dreamed. And Rav Yosef said that a person suffering due to a bad dream is permitted to fast even on Shabbat. We learned in the mishna that if they already began any one of the activities mentioned in the mishna they need not stop to recite the Amida prayer; however, they stop to recite Shema. The Gemara asks: Didn’t the first clause of the mishna already teach that they need not stop? Why does the mishna repeat it? The Gemara answers: In the latter clause of the mishna, we came to discuss matters of Torah. With regard to those engaged in Torah study, they need not stop for prayer, but they are required to stop to recite Shema. As it was taught in a baraita: Torah scholars, who were engaged in the study of Torah, stop their Torah study for Shema, and they do not stop for prayer. Rabbi Yoḥanan said a caveat to this statement: They only taught that they need not stop for prayer with regard to the likes of Rabbi Shimon ben Yoḥai and his colleagues, whose Torah is their vocation and they never interrupt their Torah study. However, for the likes of us, who also engage in other activities, we stop both for Shema and for prayer. With regard to the essence of the statement the Gemara asks: Didn’t we learn in a different baraita: Just as they do not stop for prayer, they do not stop for Shema? The Gemara answers: When that baraita was taught, it was taught with regard to those engaged in the intercalation of the year. Since their activity is crucial and all the Festivals of the year are determined through that activity, the Sages allowed them to continue and not stop to recite Shema. As Rav Adda bar Ahava said, and the Elders of the city of Hagronya also taught that Rabbi Elazar, son of Rabbi Tzadok, said: When we were engaged in the intercalation of the year in Yavne, we would stop neither for Shema nor for prayer. MISHNA: This mishna deals with various decrees, especially with regard to the halakhot of Shabbat, which were issued in order to distance a person from transgressions that he is liable to commit through habit and routine. The mishna said: The tailor may not go out with his needle adjacent to nightfall on Shabbat eve, lest he forget that he is carrying the needle and go out with it to the public domain even after Shabbat begins. And, similarly, the scribe [lavlar] may not go out with his quill[kulmos] for the same reason. And one may not shake his clothes on Shabbat to rid them of lice; and one may not read a book by candlelight, so that he will not come to adjust the wick of the lamp. However, in truth they said an established halakha: The attendant sees where in the book the children under his supervision are reading in the Torah, even by candlelight on Shabbat. However, he himself may not read. Similarly, the Sages issued a similar decree with regard to other halakhot, as they said: The zav may not eat even with his wife the zava, despite the fact that they are both ritually impure, because, by eating together, they will come to excessive intimacy and become accustomed to sin. GEMARA: Among the halakhot concerning decrees that were issued lest one come to commit a transgression, we learned in a mishna there: A person may not stand in the private domain and drink water located in the public domain, or vice versa, stand in the public domain and drink water located in the private domain, lest he transfer the vessel from which he is drinking the water to the place where he is standing and become liable to bring a sin-offering. However, if he introduced his head and most of his body into the place where the water that he is drinking is located, there is no longer room for concern, and it is permitted, and the same is true in the wine press. In light of the halakha that was taught in this mishna a dilemma was raised before the Sages: What is the legal status of a karmelit in this matter? Is it permissible to stand in one domain and drink from a karmelit or not? Abaye said: That case is equal to that case, i.e., the same way that the Sages prohibited drinking from the private domain to the public domain and vice versa, so too, they prohibited drinking from the karmelit to another domain. Rava said: It is not prohibited. It, the prohibition to carry between a karmelit and another domain, itself is merely a rabbinic decree. And will we arise and issue one decree to prevent violation of another decree? Although the Sages prohibited doing so in one of the domains by Torah law, i.e., the public and the private domains, a similar decree was not issued in a karmelit, which is a domain by rabbinic law. Abaye said: From where do I say that halakha, i.e., that the decree applies to a karmelit? From that which we learned at the end of the mishna in tractate Eiruvin: And the same is true in the wine press. The question arises: What is the status of the wine press in terms of the domains of Shabbat? If you say that it is the private domain, we already learned that in the mishna. If it is the public domain, we already learned that as well. Rather, isn’t this press a karmelit? Apparently, a karmelit was also prohibited in the mishna. Rava said: That which we learned in the mishna: And the same is true in the wine press, is not relevant to the halakhot of Shabbat. It refers to the matter of the halakhot of tithes. And Rav Sheshet also said: That which we learned in the mishna: And the same is true in the wine press, refers to the matter of tithes, as we learned in a mishna: One may ab initio drink grape juice directly on the press without tithing, whether the juice was diluted with hot water, even though he will then be unable to return the leftover wine to the press, as it would ruin all the wine in the press, or whether the juice was diluted with cold water, in which case he could return the leftover wine without ruining the rest, and he is exempt. Drinking that way is considered incidental drinking, and anything that is not a fixed meal is exempt from tithing. That is the statement of Rabbi Meir. Rabbi Elazar, son of Rabbi Tzadok, obligates one to separate the tithe in both cases. And the Rabbis say: There is a distinction between these two cases; when the wine was diluted with hot water, since he cannot return what is left of the wine to the press, he is obligated to tithe, as it is like fixed drinking for which one is obligated to tithe. However, when the wine was diluted with cold water, he is exempt, because he returns the leftover wine to the press, and it is incidental drinking, which is exempt from tithing. Our mishna, which says: And the same is true in the press, means that only if his head and most of his body was in the press is he permitted to drink without separating the tithe, and that halakha is not at all related to matters of Shabbat (Rabbeinu Ḥananel). As proof for Abaye’s opinion, the Gemara states that which we learned in our mishna: The tailor may not go out with his needle adjacent to nightfall on Shabbat eve, lest he forget that he is carrying the needle and go out with it to the public domain even after Shabbat begins. Is it not speaking here in a case where the needle was stuck in his clothing? In that case, even if he was to go out into the public domain with the needle, he would not be liable by Torah law, since that is not the typical manner of carrying out; carrying out an object in that manner is prohibited only by rabbinic decree [shevut]. Nevertheless, not only did the Rabbis issue a decree to prohibit going out with the needle on Shabbat, they issued a decree to prevent violation of another decree and prohibited the tailor from going out with his needle adjacent to nightfall. Apparently, the Sages institute a decree to prevent violation of another decree with regard to the halakhot of carrying out on Shabbat (Tosafot). Consequently, with regard to the halakhot of karmelit, the Sages issued a decree as well, and this is proof for Abaye’s opinion. The Gemara rejects this: No, the mishna is referring to a case where he is holding the needle in his hand, which constitutes performance of the full-fledged prohibited labor of carrying out. Come and hear another proof from that which was taught explicitly in the baraita: The tailor may not go out with his needle stuck in his clothing. Is it not speaking of a case where he goes out on Shabbat eve, and the Sages issued a decree to prevent violation of another decree, just as Abaye said? The Gemara rejects this: No, when that was taught in the baraita, it was only with regard to carrying out on Shabbat itself. The Gemara asks further: Wasn’t it taught explicitly in a baraita: The tailor may not go out with his needle stuck in his clothing on Shabbat eve at nightfall, and the Sages issued a decree to prevent violation of another decree, just as Abaye said? The Gemara rejects this: Whose opinion is cited in this baraita? It is the opinion of Rabbi Yehuda, who said: A craftsman who carries out an object in the manner common to his craft, even if others do not generally carry it out in that manner, the craftsman is liable, because he carried the object out in a manner standard for him. As it was taught in a baraita: The tailor may not go out with his needle that is stuck in his clothing, and a carpenter may not go out with the wood chip that is behind his ear for use as a measuring stick, and a comber of wool may not go out with a cord with which he ties bundles of wool and which is usually placed that is on his ear, and a weaver [gardi] may not go out with a bit of wool [ira] that is on his ear which he uses for the purpose of his work, and the painter may not go out with the sample of dyed wool that is on his neck, and a money changer may not go out with the dinar that is in his ear. In all of these cases the halakha is that if he went out, he is exempt by Torah law, but it is prohibited for him to do so by rabbinic decree. This is the statement of Rabbi Meir. Rabbi Yehuda says: A craftsman who carries out an object in the manner common to his craft on Shabbat is liable by Torah law; any other person who carries it out in that manner is exempt, but it is prohibited for him to do so. Since the dispute between Rabbi Meir and Rabbi Yehuda with regard to the legal status of one who carries out an object in an atypical manner was mentioned, the Gemara discusses a contradiction between two related baraitot. It was taught in one baraita: The zav may not go out on Shabbat with his pouch that he ties to his organ in order to absorb his emission. And if he went out, he is exempt by Torah law but it is prohibited for him to do so by rabbinic law. And it was taught in another baraita: The zav may not go out on Shabbat with his pouch. And if he went out unwittingly, he is liable to bring a sin-offering. Rav Yosef said: This is not difficult. There is no contradiction between the baraitot, as this baraita, which deems him exempt, is in accordance with the opinion of Rabbi Meir; that, the other baraita, which deems him liable, is in accordance with the opinion of Rabbi Yehuda. Abaye said to Rav Yosef: Say that you heard that Rabbi Meir deems him exempt with regard to an object that is not carried out in its typical manner. However, with regard to a matter that is carried out in its typical manner, did you hear that he deems him exempt? In general, one carries out a needle in his hand. Rabbi Meir exempts one who carries it out in his clothing, even if he is a craftsman. However, this pouch of a zav, even though it is not held in his hand, is always carried out in that manner, and, even according to Rabbi Meir, that constitutes a bona fide act of carrying out. As, if you do not say so, that the specifics of various prohibited labors can be performed in different manners, in the case of a layman [hedyot], who carved out a vessel the size of a kav in a piece of wood on Shabbat, would you say that Rabbi Meir also does not deem him liable for performing a prohibited labor on Shabbat because he is not a craftsman and he did not craft the vessel according to the standards of a craftsman? Certainly, the layman performed a full-fledged labor to the best of his ability and he is liable. Rather, Rav Hamnuna said: This is not difficult, as the two baraitot are referring to two different cases. Here, in the baraita that deemed him liable by Torah law, it is referring to a zav who experienced two sightings of an emission. Liability to bring an offering as part of the purification process is only after he sees three emissions. Therefore, the zav requires the pouch in order to ascertain whether or not he experienced a third emission. However, there, in the baraita that deems him exempt, it is referring to a zav who already experienced three sightings. For him there is no significance whether or not he experiences an additional emission. Therefore, the pouch is insignificant and he has no interest in carrying it out. The Gemara asks: What is different about a zav who had two sightings, who is liable, as he requires the pouch for the purpose of examination to ascertain whether or not he experienced a third sighting, and a zav who already experienced three sightings and requires the pouch for the purpose of counting clean days? In order to become ritually pure, he must count seven clean days without experiencing an emission. If so, even a zav who had three sightings requires the pouch, in order to ascertain whether or not he experienced another emission. The Gemara answers: That baraita was only needed for that day when he already saw his third emission. In any case, that day will not be a clean day. The Gemara asks: Doesn’t even that zav need the pouch so that his clothes will not get soiled by the emission? Although he does not need the pouch for a halakhic determination, he needs it for practical considerations. Rabbi Zeira said: This tanna is the one who said that any usage intended to prevent filth is not considered a special purpose that will render a certain object an actual vessel. As we learned in a mishna: One who places a bowl on the wall while it is raining, if he did that so that the bowl would be rinsed with the rainwater, that is under the rubric of the verse: “If water be placed.” The water has the legal status of a liquid that he poured of his own volition on fruit and seeds. It renders them liable to become ritually impure, as it is written: “If water be placed upon seed and any of their carcass fell on it, it is impure to you” (Leviticus 11:38). However, if he placed the bowl so that the wall will not be damaged, it is not under the rubric of the verse: “If water be placed.” The water does not have the legal status of water poured for that purpose. This tanna does not consider protecting the wall from dirt as a significant usage. Similarly, protecting the zav from being soiled by the emission would not be considered a significant usage and the pouch used for that purpose would not be considered a significant vessel. The Gemara rejects this: Are these cases comparable? There, he does not need those liquids at all, and therefore the vessel is not considered to have been placed to receive them. However, here he needs this pouch to absorb the emission, to ascertain whether or not he experienced an emission. Although on that particular day he does not require the pouch, the zav typically requires his pouch for the purpose of ascertaining whether or not there is another emission. Rather, this halakha with regard to the zav is comparable only to the latter clause of the mishna dealing with rainwater, in which we learned: A bowl that the drip of rain from the roof dropped into it, the water that splashes or overflows from the bowl does not have the legal status of water collected for a purpose, and is not under the rubric of the verse: “If water be placed.” And the water that is in the bowl has the legal status of water collected for a purpose and is under the rubric of the verse: “If water be placed.” Although, fundamentally, one has no interest in the drip of water, once the water already dripped, he wants it to remain in the bowl and not dirty the house. That desire is sufficient to accord the water in the bowl the legal status of water placed there willfully. The same is true with regard to the pouch of the zav. In the current situation of the zav, he is interested in keeping the emission in its place, and therefore the original difficulty posed by the contradiction between the two baraitot remains intact. Rather, it is Abaye and Rava, who both said that this is not difficult. There is no contradiction between the baraitot. This baraita, which deems a zav liable by Torah law for going out with his pouch, is in accordance with the opinion of Rabbi Yehuda. His opinion is that one who performs a prohibited labor that is not needed for its own sake, but rather for a different consequence of that prohibited labor, is liable. And that baraita, which deems him exempt, is in accordance with the opinion of Rabbi Shimon. He holds that one who performs a prohibited labor that is not needed for its own sake is exempt. Since the zav is not at all interested in the flow and the pouch, he is exempt by Torah law for carrying the pouch. The Sage of the school of Rabbi Yishmael taught in a baraita: A person may go out ab initio donning phylacteries on Shabbat eve at nightfall. Although one does not don phylacteries on Shabbat and going out donning them involves an element of carrying, there is no concern lest he forget and remove them on Shabbat. What is the reason for this? Because Rabba bar Rav Huna said: A person is obligated to touch his phylacteries at all times that he is donning them. This is derived from an a fortiori inference [kal vaḥomer] from the frontplate [tzitz] of the High Priest. Just as with regard to the frontplate, which has only one mention of God’s name, the Torah said: “And it should be always upon his forehead” (Exodus 28:38), which means that the High Priest must always be aware that the tzitz is placed on his head and that he should not be distracted from it; phylacteries that have numerous mentions of God’s name, all the more so one should always be aware of them. Therefore, he remembers that the phylacteries are on his head and is not likely to come to carry them on Shabbat. On a related note, the Gemara mentions that it was taught in a baraita that Ḥananya says: A person is required to feel his clothing on Shabbat eve at nightfall to ascertain whether he forgot an object in his pockets that he might come to carry on Shabbat. And Rav Yosef commented and said: That is a significant halakha for Shabbat, and it is fitting to do so in order to refrain from violating a prohibition. We learned in the mishna: One may not shake his clothes on Shabbat to rid them of lice; and one may not read a book by candlelight, so that he will not come to adjust the wick of the lamp. A dilemma was raised before the Sages: Does this mean that one may not shake his clothes even during the day due to the concern lest he kill the louse that he finds in his clothing, and our mishna is in accordance with the opinion of Rabbi Eliezer? As it was taught in a baraita that Rabbi Eliezer said: One who kills a louse on Shabbat, even though it is a very small creature, it is as if he killed a camel, and there is no difference in the severity of the prohibition. And what was said in the mishna: And he may not read by candlelight, is due to concern lest he adjust the wick, a totally independent matter. Or, perhaps both of these halakhot are due to the concern lest he adjust the wick, and both halakhot apply exclusively at night. During the day he is permitted to shake his clothes, and there is no concern lest he kill a louse. Come and hear a resolution to this dilemma from that which was taught in a baraita: One may not shake clothing and one may not read a book by candlelight on Shabbat. The style of the baraita indicates that both actions are prohibited for the same reason. The Gemara rejects this: Is this proof from the baraita a stronger proof than our mishna? In our mishna, both halakhot are also cited together, and that was insufficient proof that they share a common rationale. Come and hear a resolution to this dilemma from that which was taught in another baraita: One may not shake clothing by the light of the lamp and one may not read by the light of the lamp. These two decrees are among the halakhot that the Sages said in the upper story of Ḥananya ben Ḥizkiya ben Garon. Learn from this that both of the decrees are due to the concern lest he adjust the wick. In both decrees, the prohibition of doing so by the light of the lamp, lest he come to adjust the wick, was mentioned. Indeed, learn from this. Rav Yehuda said that Shmuel said: It is prohibited to use candlelight even to distinguish between his garments and the garments of his wife. Because that requires a certain degree of scrutiny, there is concern lest he adjust the wick in order to see better. To qualify this statement, Rava said: We only said this with regard to the garments of the people of the city of Meḥoza, as there the men’s garments are wide and ornamented similar to the women’s garments; however, with regard to farmers and village residents, they know the difference between men’s and women’s garments. There is no concern lest they adjust the wick to distinguish between the garments, as the differences between men’s garments and women’s garments are obvious. Even with regard to the clothing of the people of Meḥoza, we only said that it is prohibited to distinguish between men’s and women’s garments with regard to the garments of old women; however, with regard to the garments of young women, they know the difference and there is no concern lest one adjust the wick to distinguish between them. The Sages taught: One may not shake clothing to rid them of lice in the public domain in deference to human dignity, as passersby would be offended by this. Similarly, Rabbi Yehuda said, and some say that Rabbi Neḥemya said it: One may not make an appiktoizin, a drug to induce vomiting, in the public domain in deference to human dignity. With regard to the matter of shaking clothing to rid them of lice on Shabbat, the Gemara cites that which the Sages taught in the Tosefta: One who shakes his clothing may squeeze the louse and throw it, as long as he does not kill it. Abba Shaul says: He may take the louse and throw it, as long as he does not squeeze it. In his opinion, killing a louse is prohibited by Torah law. Therefore, even squeezing it is prohibited, lest he come to kill it. Rav Huna said: The halakha is that he may squeeze and throw the louse, and that is the dignified way to get rid of a louse, and even during the days of the week, when it is not Shabbat and there is no concern lest he violate the prohibition of killing a louse. Even then, it is preferable not to kill it because it is disgusting and it is sufficient to simply throw it (Me’iri). The Gemara relates that Rabba would kill the lice. And Rav Sheshet would also kill them. Rava would throw them into a cup [lekna] of water and he would not kill them directly with his hands. The Gemara relates that Rav Naḥman would say to his daughters: Kill them, and let me hear the sound of the combs, meaning, you may kill the lice in the usual manner on the comb. As far as the basic halakha is concerned, it was taught in a baraita that Rabbi Shimon ben Elazar says that Beit Shammai and Beit Hillel disagreed with regard to killing a louse on Shabbat: One may not kill a louse on Shabbat, this is the statement of Beit Shammai; and Beit Hillel permit doing so. In their opinion, a louse is unlike the other creatures for which one is liable for killing them on Shabbat. And Rabbi Shimon ben Elazar would also say in the name of Rabban Shimon ben Gamliel: One may not make matches [meshaddekhin] for the children, to betroth them on Shabbat, and one may not enter into an agreement to take the child and teach him to read a sacred book or to teach him a trade, and one may not comfort mourners on Shabbat, and one may not visit the sick on Shabbat, this is the statement of Beit Shammai, as in their opinion, those are weekday activities and not appropriate on Shabbat. And Beit Hillel permit performing all of these activities on Shabbat, as they each include an aspect of mitzva. The Sages taught in a baraita: One who enters to visit a sick person on Shabbat does not address him in the manner customary during the week; rather, he says: It is on Shabbat that it is prohibited to cry out and ask for compassion, and healing is soon to come. And Rabbi Meir says that it is appropriate to add: The merit of Shabbat is capable of engendering compassion. Rabbi Yehuda says that it is appropriate to say: May the Omnipresent have compassion upon you and upon all the sick people of Israel. Rabbi Yosei says that it is appropriate to say: May the Omnipresent have compassion upon you among the sick people of Israel, thereby including this sick person within the community of Israel. When Shevna of Jerusalem would visit a sick person on Shabbat, upon entering, he would say shalom. And when he exited he would say: It is Shabbat when one is prohibited to cry out, and healing is soon to come, and His compassion is abundant, and rest on Shabbat in peace. The Gemara asks: In accordance with whose opinion is the halakha that Rabbi Ḥanina said: One who has a sick person in his house must include him among the sick people of Israel in his prayer? In accordance with whose opinion? In accordance with the opinion of Rabbi Yosei. And Rabbi Ḥanina said: It was only with great difficulty that the Sages permitted to comfort the mourners and visit the sick on Shabbat, as both the visitor and the comforter experience suffering on Shabbat. They permitted it only due to the mitzva involved in these activities. Rabba bar bar Ḥana said: When we would follow Rabbi Elazar to inquire about the health of a sick person; sometimes he would say in Hebrew: May the Omnipresent remember you for peace, and sometimes he would say to him in Aramaic: May the all-Merciful remember you for peace. He would say it in Aramaic when the sick person did not understand Hebrew (Rav Elazar Moshe Horovitz). The Gemara asks: How did he do this, pray in Aramaic? Didn’t Rav Yehuda say: A person should never request that his needs be met in the Aramaic language? And, similarly, Rabbi Yoḥanan said: Anyone who requests that his needs be met in the Aramaic language, the ministering angels do not attend to him to bring his prayer before God, as the ministering angels are not familiar with the Aramaic language, but only with the sacred tongue, Hebrew, exclusively. The Gemara responds: A sick person is different. He does not need the angels to bring his prayer before God because the Divine Presence is with him. As Rav Anan said that Rav said: From where is it derived that the Divine Presence cares for and aids the sick person? As it is stated: “God will support him on the bed of illness” (Psalms 41:4). The Gemara comments: That was also taught in a baraita: One who enters to visit the sick person should sit neither on the bed nor on a chair; rather, he should wrap himself in his prayer shawl with trepidation and awe, and sit before the sick person below him, as the Divine Presence is above the head of the sick person, as it is stated: “God will support him on the bed of illness,” and he must treat the Divine Presence with deference. On a similar note, Rava said that Ravin said: From where is it derived that the Holy One, Blessed be He, feeds the sick person during his illness? As it is stated: “God will support him on the bed of illness.” We learned in the mishna that one may not read a book by candlelight on Shabbat. Rabba said: Since a decree was issued, there is no distinction whether or not the lamp was near enough to him to enable him to adjust the wick. The prohibition applies even if the lamp was two statures of a person high, and even as high as two plow handles, and even if it was as high as ten houses one atop the other. We learned in the mishna that one may not read, and the Gemara infers: One may not read, but for two, apparently, he may well do so. They will not violate any prohibition, as two people together will certainly not forget the Shabbat prohibition. The Gemara asks: Wasn’t it taught in a baraita that neither one nor two are permitted to read by the light of the lamp? Rabbi Elazar said: This is not difficult, as there is room to distinguish between them and say that here, where two were permitted to read by candlelight, it is referring to a case where they are both engaged in one matter and will remind each other to refrain from adjusting the wick. There, where two were prohibited to read by candlelight it is referring to a case where they are engaged in two different matters. Since each is preoccupied with a different text, they will not pay attention and remind each other. Rav Huna said: And with regard to a bonfire, where everyone is sitting around it and not adjacent to it, even if they were ten people, it is prohibited to read by its light. When sitting around a bonfire, everyone sits at a distance from the others, and therefore they do not notice each other, and each is liable to adjust the firebrands to provide himself with more light. Rava said: Even though they prohibited reading by candlelight due to a decree lest they adjust the wick, if he is an important person, it is permitted, as even on weekdays he is not accustomed to adjust a lamp that is dirty with oil. The Gemara raises an objection from that which was taught in a Tosefta: One may not read a book on Shabbat by the light of the lamp, lest he adjust it. The Tosefta relates that Rabbi Yishmael ben Elisha said: I will read and will not adjust, as I will certainly not forget that it is Shabbat. However, once he read a book by candlelight and he sought to adjust the wick. He said: How great are the words of the Sages, who would say that one may not read by candlelight, as even a person like me sought to adjust the wick. Rabbi Natan says: That was not the way it happened. Rather, he read and actually adjusted the wick, and he wrote afterward in his notebook [pinkas]: I, Yishmael ben Elisha, read and adjusted a lamp on Shabbat. When the Temple will be rebuilt I will bring a fat sin-offering as atonement for this sin. This proves that even an important person like Rabbi Yishmael ben Elisha is liable to adjust the wick. Rabbi Abba said: Rabbi Yishmael ben Elisha is different, since with regard to the study of Torah, he comports himself like a simple man with no air of importance, but generally, an important person would not dirty his hands and adjust the wick. On this subject, the Gemara cites two apparently contradictory baraitot. It was taught in one baraita that a servant may examine cups and bowls by candlelight to check if they are clean. And it was taught in another baraita that he may not examine them. The Gemara explains: This is not difficult. Rather, here, the baraita that prohibited examining the cups, is referring to a regularly employed servant who fears his master and examines the dishes meticulously. Therefore, there is concern lest he come to adjust the wick. While there, the baraita that permitted examining the cups, is referring to a servant who is not regularly employed, does not fear his master, and therefore will not check meticulously. There is no concern lest he come to adjust the wick. And if you wish, say instead that this baraita and that baraita are both referring to a regularly employed servant. And this is not difficult, as they are not referring to the same kind of lamp. This baraita, which prohibited examining the dishes, is referring to an oil lamp, where there is room for concern lest he adjust it. And that baraita, which permitted examining the dishes, is referring to a naphtha [nafta] lamp. Since the naphtha lamp is dirty, the servant certainly will not touch it while checking the cups and dishes. A dilemma was raised before the Sages: What is the ruling with regard to a servant who is not regularly employed in terms of examining cups and dishes by the light of an oil lamp? Is he permitted to examine the cups by candlelight, or not? From the perspective of his being a servant not regularly employed, it should be permitted. On the other hand, because it is an oil lamp it should be prohibited. Rav said: The halakha is that it is permitted, and, however, ab initio a public ruling is not issued to that effect so that they will not come to sin. However, one who knows the halakha that it is permitted may practice accordingly. Rabbi Yirmeya bar Abba said: That halakha is that it is permitted and a public ruling is issued to that effect. The Gemara relates that Rabbi Yirmeya bar Abba happened to come to the house of Rav Asi on Shabbat. Rabbi Yirmeya’s servant stood and examined the cups by the light of a lamp [sheraga], as he was not a regularly employed servant in the house of Rav Asi. Rav Asi’s wife said to Rav Asi: But the Master, you, does not do so. You prohibit doing so. Why is the servant of Rabbi Yirmeya examining the cups? He said to her: Leave him, he holds in accordance with the opinion of his master. We learned in the mishna that in truth they said that the attendant sees where in the book the children under his supervision are reading, but he himself should not read. The Gemara asked: Didn’t you say in the first clause of the mishna that the attendant sees? Doesn’t that mean that he sees in order to read? How can that part of the mishna conclude by saying that he may not read? The Gemara answers: No, it does not mean that the attendant is permitted to actually read; rather, he is only permitted to look and arrange the beginning of his sections of the Torah that he must read the next day. And so too, Rabba bar Shmuel said: However, he may arrange the beginning of his sections that he must read the next day. The Gemara asks: And may he not read the entire section? The Gemara raises an objection from that which was taught in a Tosefta: Rabban Shimon ben Gamliel says: The schoolchildren would organize the sections and read the book by candlelight. Apparently, it is permitted to read by candlelight on Shabbat. The Gemara answers: If you wish, say that the Tosefta is only referring to the beginning of the sections. And if you wish, say instead that children are different in this regard. Since the fear of their teacher is upon them, they will not come to adjust the wick. Even on a weekday, fear of their teacher will prevent them from tending to the lamp during their study. We learned in the mishna: Similar to this decree of Shabbat, the Sages issued a decree that the zav may not eat with his wife, the zava, even though they are both ritually impure, because by eating together they will come to excessive intimacy and become accustomed to sin. It was taught in a Tosefta that Rabbi Shimon ben Elazar says: Come and see to what extent ritual purity was widespread in Israel, as we did not learn: The ritually pure may not eat with the ritually impure woman; but rather, the zav may not eat with the zava, although they are both ritually impure, lest he become accustomed to sin. Needless to say, a pure and an impure person certainly would not eat together, as everyone was careful with regard to ritual purity. On a similar note, the Sages said: A zav who generally distances himself from ritual impurity, eats ritually pure food, and is careful about separating tithes, may not eat with a zav who is an am ha’aretz, who does not distance himself from ritual impurity and is not careful about separating tithes, due to the concern lest the am ha’aretz accustom him to frequently spend time with him, by means of a shared meal. The Gemara wonders: And if he accustoms him to be with him, what of it, what is the problem? Rather, say: Lest he feed him impure items. The Gemara asks: Is that to say that the zav who generally distances himself from ritual impurity does not eat impure things? In his impure state, everything he touches automatically becomes impure, so why would he be concerned with regard to impure items? Abaye said: This prohibition is due to a decree issued by the Sages lest the am ha’aretz feed him food items that are not tithed. Rava said: He needn’t worry about items that are not tithed. Even if his friend was an am ha’aretz, there is a general principle in effect that most amei ha’aretz tithe their fruits. Rather, the Sages were concerned lest he become accustomed to spending time with the am ha’aretz even after the period of his impurity and he feed him impure items even during the days of his purity. An additional dilemma was raised before the Sages with regard to the requirement to distance oneself from prohibition and impurity: What is the halakha with regard to a menstruating woman? May she sleep with her husband in one bed while she is in her clothes and he is in his clothes? Rav Yosef said: Come and hear a resolution to this dilemma from what we learned in a mishna: The fowl is permitted to be placed together with the cheese on the table, although it may not be eaten with cheese. This is the statement of Beit Shammai. Beit Hillel say: The fowl is neither permitted to be placed together with the cheese on the table, nor may it be eaten with it. According to the opinion of Beit Hillel, which is the halakha, not only must one distance himself from the sin itself, but one must also make certain that items that are prohibited together are not placed together. The Gemara rejects this: There it is different as there are not several consciousnesses. When the fowl and the cheese are on one person’s table, he is liable to err and eat them both, as there is only one consciousness there, his. That is not the case when there are two people in one bed. In that case, there are two consciousnesses and there is no concern that they will both forget the prohibition. The Gemara adds: So too, it is reasonable to say that where there are two or more consciousnesses it is different, as it was taught in the latter clause of that mishna, Rabban Shimon ben Gamliel says: Two guests in one house may eat on one table this one eating meat and this one eating cheese, and they need not be concerned. The Gemara rejects this: That is not a proof. Was it not said with regard to this halakha that Rabbi Ḥanin bar Ami said that Shmuel said: They only taught that the two of them may eat on one table when they are not familiar with each other; however, if they are familiar with each other it is prohibited for them to eat on one table, as there is room for concern that due to their familiarity they will share their food and come to sin. And, if so, these too, the husband and his wife, are familiar with each other. There is room for concern that they will not keep appropriate distance, and therefore they may not sleep together in one bed even if he is wearing his clothes and she is wearing her clothes. The Gemara rejects this: How can you compare these two cases? There, in the case of meat and milk, there are two consciousnesses; however, there is no noticeable change from the norm, as the meat and the cheese are on the table without any obvious indication to remind them not to mix the food items. While, here, in the case of the menstruating woman, there are two consciousnesses and there is also a noticeable change from the norm, as it is unusual for people to sleep in their clothes. The fact that they are both dressed constitutes a change. Others cite the previous passage as proof for Rav Yosef’s opinion and then reject it and say: Come and hear, Rabban Shimon ben Gamliel says: Two guests may eat on one table, this one eating meat and this one eating cheese. And it was stated with regard to this halakha that Rabbi Ḥanin bar Ami said that Shmuel said: They only taught that the two of them may eat on one table when they are not familiar with each other; however, if they are familiar with each other it is prohibited for them to eat on one table, as there is room for concern that due to their familiarity they will share their food and come to sin. And, if so, these too, the husband and his wife are familiar with each other. There is room for concern that they will not act with the appropriate separation, and therefore they cannot sleep together in one bed, even if he is wearing his clothes and she is wearing her clothes. The Gemara distinguishes between the cases: There, in the case of meat and cheese, although there are two consciousnesses, there is no noticeable change. The meat and the cheese are on the table with no obvious indication to remind them not to mix the food items. While here, in the case of the menstruating woman, there are two consciousnesses and there is also a noticeable change. Come and hear a resolution to the dilemma from what we learned in our mishna: The zav may not eat with the zava due to concern that excessive intimacy will lead them to become accustomed to sin. Even eating together is prohibited. The Gemara answers: Here, too, although there are two consciousnesses, there is no noticeable change. Come and hear a different resolution from that which was taught in a baraita: It is stated: “And he has not eaten upon the mountains, neither has he lifted up his eyes to the idols of the house of Israel, neither has he defiled his neighbor’s wife, neither has he come near to a woman in her impurity” (Ezekiel 18:6). This verse juxtaposes a menstruating woman to his neighbor’s wife. Just as lying together with his neighbor’s wife, even when he is in his clothes and she is in her clothes, is prohibited, so too, lying with his wife when she is menstruating, even when he is in his clothes and she is in her clothes, is prohibited. The Gemara comments: And this conclusion disagrees with the opinion of Rabbi Pedat, as Rabbi Pedat said: The Torah only prohibited intimacy that involves engaging in prohibited sexual relations, as it is stated: “None of you shall approach to any that is near of kin to him, to uncover their nakedness” (Leviticus 18:6). The prohibition of intimacy in the Torah applies exclusively to relations, and all other kinds of intimacy that do not include actual relations are not included in the prohibition. When there is separation, they did not issue a decree. The Gemara relates that Ulla, when he would come from the house of his teacher, would kiss his sisters on their chests. And some say: On their hands. Ulla was not concerned about violating the prohibition of displaying affection toward a relative forbidden to him, as his intention was not to have relations with them. The Gemara adds that his action was in contradiction to a saying of his, as Ulla said: Even any intimacy is prohibited with a woman with whom he is forbidden to engage in sexual relations due to the reason formulated as an adage: Go around, go around, and do not approach the vineyard, they say to the nazirite. They advise the nazirite, who is forbidden to consume any product of a vine, that he should not even approach the vineyard. The same is true with regard to the prohibition of forbidden relations. According to Ulla, one must distance himself from them to whatever degree possible. The Sage in the school of Eliyahu taught a baraita that deals with this halakha: There was an incident involving one student who studied much Mishna and read much Bible, and served Torah scholars extensively, studying Torah from them, and, nevertheless, died at half his days, half his life expectancy. His wife in her bitterness would take his phylacteries and go around with them to synagogues and study halls, and she said to the Sages: It is written in the Torah: “For it is your life and the length of your days” (Deuteronomy 30:20). If so, my husband who studied much Mishna, and read much Bible, and served Torah scholars extensively, why did he die at half his days? Where is the length of days promised him in the verse? No one would respond to her astonishment at all. Eliyahu said: One time I was a guest in her house, and she was relating that entire event with regard to the death of her husband. And I said to her: My daughter, during the period of your menstruation, how did he act toward you? She said to me: Heaven forbid, he did not touch me even with his little finger. And I asked her: In the days of your white garments, after the menstrual flow ended, and you were just counting clean days, how did he act toward you then? She said to me: He ate with me, and drank with me, and slept with me with bodily contact and, however, it did not enter his mind about something else, i.e., conjugal relations. And I said to her: Blessed is the Omnipresent who killed him for this sin, as your husband did not show respect to the Torah. The Torah said: “And to a woman in the separation of her impurity you should not approach” (Leviticus 18:19), even mere affectionate contact is prohibited. The Gemara relates that when Rav Dimi came from Eretz Yisrael to Babylonia, he said: That student did not actually sleep with her with bodily contact; rather, it was in one bed that they slept without contact. In the West, in Eretz Yisrael, they say that Rav Yitzḥak bar Yosef said: When they would sleep together in one bed, she wore a belt [sinar] from the waist down that would separate between him and her. Nevertheless, since the matter is prohibited, that student was punished. MISHNA: And these are among the halakhot that the Sages, who went up to visit him, said in the upper story of Ḥananya ben Ḥizkiya ben Garon. The precise nature of these halakhot will be explained in the Gemara. These halakhot are considered one unit because they share a distinctive element. Since many Sages were there, among them most of the generation’s Torah scholars in Eretz Yisrael, they engaged in discussion of various halakhot of the Torah. It turned out that when the people expressing opinions were counted, the students of Beit Shammai outnumbered the students of Beit Hillel, and they issued decrees with regard to eighteen matters on that day in accordance with the opinion of Beit Shammai. GEMARA: With regard to the language that introduces our mishna, Abaye said to Rav Yosef: Did we learn in our mishna: These are among the halakhot, or did we learn in our mishna: And these are among the halakhot? The difference is significant. Did we learn: And these, and if so, the reference would be to those that we said earlier, i.e., that those halakhot are included in the decrees? Or did we learn: These, and if so the reference would be to those that we seek to mention below? Come and hear a solution to this dilemma from the fact that these matters were taught together in a baraita: One may not shake garments to rid them of lice by the light of the lamp and one may not read by the light of the lamp; and these are among the halakhot that the Sages said in the attic of Ḥananya ben Ḥizkiya ben Garon. Conclude from this that we learned: And these in the mishna, and the reference is to the decrees mentioned earlier. The Sages taught in a baraita with regard to Megillat Ta’anit, which is a list of days of redemption that were established as celebrations for generations: Who wrote Megillat Ta’anit? This scroll was written by Ḥananya ben Ḥizkiya ben Garon and his faction, who held dear the memory of the troubles that befell Israel and their salvation from them. Rabban Shimon ben Gamliel said: We also hold dear the memory of the troubles from which Israel was saved, but what can we do? If we came to write all the days of that kind, we would not manage to do so, as the troubles that Israel experienced in every generation and era are numerous, and on each day there is an event worthy of commemoration. Alternatively: Why do we not record the days of salvation from troubles? Just as a crazy person is not hurt, as he is not aware of the troubles that befall him, so too, we cannot appreciate the magnitude of the calamities that befall us. Alternatively: The flesh of a dead person does not feel the scalpel [izemel] cutting into him, and we, too, are in such a difficult situation that we no longer feel the pains and troubles. With regard to the last analogy, the Gemara asks: Is that so? Didn’t Rav Yitzḥak say: The gnawing of maggots is as excruciating to the dead as the stab of a needle is to the flesh of the living, as it is stated with regard to the dead: “But his flesh shall hurt him, and his soul mourns over him” (Job 14:22)? Rather, say and explain the matter: The dead flesh in parts of the body of the living person that are insensitive to pain does not feel the scalpel that cuts him. Rav Yehuda said that Rav said: Truly, that man is remembered for the good, and his name is Ḥananya ben Ḥizkiya, as if not for him, the book of Ezekiel would have been suppressed because its contents, in many details, contradict matters of Torah. The Sages sought to suppress the book and exclude it from the canon. What did he, Ḥananya ben Ḥizkiya, do? They brought him three hundred jugs of oil, for light and food, up to his upper story, and he sat isolated in the upper story and did not move from there until he homiletically interpreted all of those verses in the book of Ezekiel that seemed contradictory, and resolved the contradictions. We learned in the mishna that when the Sages went up to the upper story of the house of Ḥananya ben Ḥizkiya ben Garon, they were counted and issued eighteen decrees in accordance with the opinion of Beit Shammai. The Gemara asks: What are those eighteen matters? The Gemara answers: As we learned in a mishna, a list of the decrees that the Sages issued with regard to items whose level of impurity is such that if they come into contact with teruma they disqualify it. By means of that contact, the teruma itself becomes impure, but it does not transmit impurity to other items. These disqualify teruma: One who eats food with first degree ritual impurity status acquired as a result of contact with a primary source of ritual impurity, e.g., a creeping animal; and one who eats food with second degree ritual impurity status acquired as a result of contact with an item with first degree ritual impurity status; and one who drinks impure liquids of any degree of impurity; and one whose head and most of his body come into drawn water after he immersed himself in a ritual bath to purify himself; and a ritually pure person that three log of drawn water fell on his head and most of his body; and a Torah scroll; and the hands of any person who did not purify himself for the purpose of handling teruma; and one who immersed himself during the day, i.e., one who was impure and immersed himself, and until evening he is not considered completely pure; and foods and vessels that became impure by coming into contact with impure liquids. Contact with any of these disqualifies the teruma. The Gemara seeks to clarify these matters. The Gemara asks first: Who is the tanna who holds that one who eats food with first degree ritual impurity status, and one who eats food with second degree ritual impurity status, disqualify the teruma, but do not render it impure; in other words, they do not render the teruma capable of transmitting impurity to other items? Rabba bar bar Ḥana said: It is the opinion of Rabbi Yehoshua. As we learned in a mishna: Rabbi Eliezer says: One who eats food with first degree ritual impurity status assumes first degree ritual impurity status, and anything with first degree ritual impurity status renders teruma impure. And one who eats food with second degree ritual impurity status assumes second degree ritual impurity status. One who eats food with third degree ritual impurity status assumes third degree ritual impurity status. Rabbi Yehoshua says: One who eats food with first degree ritual impurity status and one who eats food with second degree ritual impurity status assume second degree ritual impurity status. One with second degree ritual impurity status who comes into contact with teruma disqualifies it and does not render it impure. One who eats food with third degree ritual impurity status assumes second degree ritual impurity status vis-à-vis consecrated items, and he does not assume second degree ritual impurity status vis-à-vis teruma. Eating an item with third degree ritual impurity status is only feasible in the case of non-sacred items, as eating impure teruma is prohibited. It is only possible in the case of non-sacred food items that were prepared as if their level of purity were on the level of the purity of teruma. With regard to the decree itself, the Gemara asks: One who eats food with first degree ritual impurity status and one who eats food with second degree ritual impurity status; what is the reason the Sages decreed impurity upon him, rendering him impure? The Gemara answers: Because at times one eats impure food, and takes liquids of teruma, and casts them into his mouth and disqualifies the liquids, as the impure food comes into contact with the liquid in his mouth and disqualifies it. To prevent this, the Sages decreed that one who eats impure food becomes impure and must refrain from touching teruma at all. Similarly, the Gemara asks: One who drinks impure liquids; what is the reason the Sages decreed impurity upon him? The Gemara answers: Because at times one drinks impure liquids, and takes teruma foods, and casts them in his mouth, and disqualifies them. The Gemara asks: This decree is the same as that decree as they were issued for one reason. Why did the mishna list them separately and consider them two different decrees? The Gemara answers: Lest you say that this, people who eat impure food, is common; as it is common for one eating to drink. Consequently, one who eats impure food is likely to drink teruma liquid. And, however, that, one drinking impure liquids who would put food in his mouth while drinking is uncommon. As a result, it is conceivable to say that the Sages did not issue a decree in an uncommon case. Therefore, the mishna teaches us that even in that instance the Sages decreed impurity. Among the eighteen decrees that the Sages issued on that day, we also learned: And one whose head and most of his body come into drawn water is impure by rabbinic decree. The Gemara asks: What is the reason the Sages decreed impurity upon him? Rav Beivai said that Rav Asi said: The reason for this is that originally they would immerse to become purified in cave water that was collected, still, and foul. Although this water purified them, due to its stench, the people immersing themselves would pour on themselves drawn water in order to clean themselves. Once they began this custom and transformed it into an established part of the ritual, the Sages issued a decree on the drawn water, rendering it impure, to prevent them from washing with it after immersion. The Gemara asks: What is the meaning of this, that they transformed it into an established part of the ritual? Abaye said that they would say: The cave water is not what purifies; rather this, the cave water, and that, the drawn water, together purify. Rava said to him: What difference does it make if they say that? Ultimately, aren’t they immersing in the cave water? As long as they immersed themselves properly, it matters not if they misunderstand the reason. Rather, Rava said: The problem is that eventually they would say: This, the cave water, is not what purifies; rather, that, the drawn water, purifies. Therefore, the Sages issued a decree prohibiting the use of drawn water after purification. And the Sages decreed impurity upon a ritually pure person that three log of drawn water fell on his head and most of his body. The Gemara explains: What is the reason that the Sages decreed impurity upon him? The reason for the decree is that if it were not for this decree that a ritually pure person, who does not require immersion, becomes impure when drawn water falls on him, then that, the first decree, would not stand. People would not distinguish between a person who was pure from the start and one who was just purified upon emerging from immersion. The Gemara explains the next case in the mishna: And a Torah scroll; what is the reason the Sages decreed impurity upon it? Rav Mesharshiya said: Since at first, ignorant priests would conceal teruma foods alongside the Torah scroll, and they said in explaining that method of storage: This is sacred and that is sacred, and it is appropriate that they be stored together. Since the Sages saw that they were coming to ruin, as the mice who were attracted to the teruma foods would also gnaw at the Torah scrolls, the Sages decreed impurity upon it. Once they issued the decree of impurity on the Torah scroll, the priests no longer placed teruma near it. The Gemara explains the next case in the mishna: And the hands; the reason that the Sages decreed impurity upon them is because hands are busy. A person’s hands tend to touch dirty or impure objects. Since one does not always pay attention to what his hands touch, and it is inappropriate for holy food to be touched by dirty hands, the Sages decreed impurity. It was taught in a baraita: Even hands that come to be impure due to contact with a Torah scroll disqualify the teruma. The reason for this decree is because of the statement of Rabbi Parnakh, as Rabbi Parnakh said that Rabbi Yoḥanan said: One who holds a Torah scroll in a manner that the scroll is exposed without a covering; his punishment is that he is buried naked. The Gemara wonders: Does it enter your mind to say that he will actually be buried naked? Why should he suffer such ignominy for this sin? Rather, Rabbi Zeira said: He is buried naked, i.e., without mitzvot. And the Gemara wonders further: Does it enter your mind to say that he should be buried naked in the sense of without mitzvot? Will he be stripped of all his merit due to that sin? Rather, say he is buried naked, i.e., without that mitzva. If he touches an uncovered Torah scroll, even for the purpose of performing a mitzva, he is not credited with that mitzva because he performed it inappropriately. The Gemara asks: Which of these decrees did the Sages issue first? If you say that they issued this decree, impurity of hands in general, first, once they decreed that first, why do I need that decree of impurity on hands that touch a sacred scroll as well? Once the Sages decreed impurity on hands in general, there is no longer a necessity to decree impurity on hands that touched a Torah scroll, as hands are impure in any case. Rather, certainly the Sages decreed impurity on this, hands that touched a Torah scroll, first. And then they decreed impurity on all hands. Among the decrees listed in the mishna, there is the decree that contact with one who immersed himself during the day disqualifies teruma. The Gemara asks: One who immersed himself during the day transmits impurity by Torah law, as it is written: “One who touches it remains impure until evening. He should not eat of the consecrated items and he must wash his flesh with water. And the sun sets and it is purified. Afterward, he may eat from the teruma, for it is his bread” (Leviticus 22:6–7). Consequently, until sunset he is prohibited by Torah law from touching consecrated items, and the same is true for teruma. The Gemara answers: Delete from here, from the list of decrees in the mishna, one who immersed himself during the day. And among the decrees that were listed, there is also the decree concerning the impurity of the foods that became impure through contact with liquids. The Gemara asks: With liquids that became impure due to contact with what source of impurity? If you say that the mishna is referring to liquids that come to be impure due to contact with a creeping animal, they are impure by Torah law, as it is written with regard to the impurity of creeping animals: “And every liquid that is drunk in any vessel, will be impure” (Leviticus 11:34). Rather, the mishna is referring to liquids that come to be impure due to contact with impure hands. The Sages issued this decree due to liquids that come to be impure through contact with a creeping animal. And among the decrees that were listed, there is also the decree concerning the vessels that became impure through contact with liquids. The Gemara asks: Vessels that became impure due to contact with liquids that became impure due to contact with what source of impurity? If you say that they become impure due to contact with liquids secreted by a zav, e.g., spittle, urine, etc., they are impure by Torah law, as it is written: “And if a zav spits on a pure person and he should wash his clothes and wash in water and he is impure until the evening” (Leviticus 15:8). The Sages interpreted homiletically: Whatever is in the hand of the pure person I made impure for you. Not only did the person who came into contact with the liquids of the zav become impure, but the objects in his hand did as well. Rather, here it is referring to liquids that come to be impure due to contact with a creeping animal, which by Torah law do not transmit impurity to vessels. And the Sages issued a decree with regard to those liquids due to their similarity to the liquids of a zav. Among the list of items in the mishna with regard to which the disciples of Shammai and Hillel instituted decrees, were the hands of any person who did not purify himself for the sake of purity of teruma. If he came into contact with teruma, the Sages decreed it impure. The Gemara asks: And with regard to hands, was it the disciples of Shammai and Hillel who issued the decree of impurity? Shammai and Hillel themselves issued the decree. As it was taught in a baraita: Yosei ben Yo’ezer of Tzereida and Yosei ben Yoḥanan of Jerusalem decreed impurity on the land of the nations, that the land outside Eretz Yisrael transmits impurity; and they decreed impurity on glass vessels, even though glass is not listed in the Torah among the vessels that can become impure. Shimon ben Shataḥ instituted the formula of a woman’s marriage contract and also decreed special impurity on metal vessels. Shammai and Hillel decreed impurity on the hands. And if you say that the baraita is referring to Shammai and his faction and Hillel and his faction, didn’t Rav Yehuda say that Shmuel said: With regard to eighteen matters they issued decrees that day, and with regard to those eighteen matters they disagreed prior to that? The eighteen disputes were only between the disciples of Shammai and Hillel, whereas Hillel and Shammai themselves argued only in three places. Clearly, they were neither party to the disputes nor the decrees. As Rav Huna said: Shammai and Hillel disagreed in only three places and no more. And if you say that Hillel and Shammai came and decreed that teruma that came into contact with hands would be in abeyance, and their students came and decreed to burn teruma that came into contact with hands, then the following difficulty arises. Didn’t Ilfa, one of the Sages, say: With regard to hands, from the beginning their decree was that teruma that comes into contact with them is to be burned? According to Ilfa, there is no uncertainty. Teruma that came into contact with definite impurity is burned. Teruma that is in abeyance may not be destroyed. One must wait until it becomes definitely impure or decomposes on its own. Rather, the explanation is that they came and issued a decree and the people did not accept the decree from them, and their disciples came and issued a decree and they accepted it from them. The Gemara asks further: Still, the matter is not clear, as the decree of hands was issued by King Solomon. As Rav Yehuda said that Shmuel said: At the time that Solomon instituted the ordinances of eiruv and of washing hands to purify them from their impurity, a Divine Voice emerged and said in his praise: “My son, if your heart is wise my heart will be glad, even mine” (Proverbs 23:15), and so too: “My son, be wise and make my heart glad, that I may respond to those who taunt me” (Proverbs 27: 11). The Gemara responds: Came Solomon and decreed impurity on hands to prohibit contact with consecrated items, and Shammai, Hillel, and their disciples came and decreed impurity on hands even to prohibit contact with teruma. As to the matter itself that was mentioned above in passing, Rav Yehuda said that Shmuel said: With regard to eighteen matters they issued decrees that day, and with regard to those eighteen matters they disagreed prior to that. The Gemara asks: Wasn’t it taught in a baraita that they reached a consensus in their opinions with regard to the eighteen decrees? They answer: On that day they disagreed, and the following day, after the matter was decided in a vote, they reached a consensus in their opinions. As to the matter itself that was mentioned above in passing, Rav Huna said: Shammai and Hillel disagreed in three places. The Gemara cites the disputes. One, Shammai says: From a kav of dough, one is required to separate ḥalla, the portion of the dough given to a priest. From any less than that measure there is no obligation to separate ḥalla, as that is not the measure alluded to in the verse: “The first of your dough” (Numbers 15:20), written with regard to the mitzva of separating ḥalla. And Hillel says: One must separate ḥalla only from two kav. And the Rabbis say: The halakha is neither in accordance with the statement of this one, who is stringent, nor in accordance with the statement of that one, who is lenient. Rather, one and a half kav is the measure from which one is obligated to separate ḥalla. Once the measures increased and the Sages recalculated the volume of a kav to be greater, they said that based on the measure of the new kav, five quarters of a kav of flour is the measure from which one is obligated to separate ḥalla. Rabbi Yosei says: Five quarters are exempt; only from dough the size of five quarters and a bit more is one obligated to separate ḥalla. And another dispute between Hillel and Shammai is that Hillel says: A full hin, twelve log, of drawn water poured into a ritual bath in which there was not yet a full measure of forty se’a disqualifies the water of the ritual bath and accords even the water that had been there previously the status of drawn water. Even if water fit for a ritual bath is subsequently added to complete the measure of forty se’a, the ritual bath remains unfit for immersion. Hillel used the biblical measure, hin, because, when quoting one’s teacher, a person must speak employing the language of his teacher. Shammai says: Nine kav of water is enough to disqualify the ritual bath. And the Rabbis say: The halakha is neither in accordance with the statement of this one nor in accordance with the statement of that one. The Sages did not determine a measure for the water disqualifying a ritual bath until two weavers came from the Dung Gate in Jerusalem and testified in the name of Shemaya and Avtalyon that three log of drawn water disqualify the ritual bath, and the Rabbis upheld their statement against the opinions of the great Sages of Israel, Hillel and Shammai. The Gemara emphasized their occupation and the place that they lived to underscore that, despite the fact that their occupation was despised and their place was contemptible, there is no preferential treatment when it comes to Torah. And another dispute between Hillel and Shammai is that Shammai says: All women, their time is sufficient, i.e., a woman who notices that she saw blood of menstruation but did not feel the flow beforehand, need not worry that perhaps the flow of blood began before she saw it, and it is sufficient if she assumes ritual impurity status beginning at that moment. Hillel says: From examination to examination, i.e., a woman who saw blood, if she does not know when the menstrual flow began, she is considered impure retroactive to the last time she examined herself and found herself to be ritually pure, and even if the examination took place several days earlier. Anything that she touched in the interim becomes ritually impure. And the Rabbis say: The halakha is neither in accordance with the statement of this one nor in accordance with the statement of that one; rather, the principle is: A full day, twenty-four hours, reduces the time from examination to examination, i.e., if her final self-examination took place a long time before, she need only concern herself with ritual impurity for the twenty-four hour period prior to noticing the blood. And from examination to examination reduces the time from a full day, i.e., if she examined herself in the course of the previous day and discovered no blood, she was certainly ritually pure prior to the examination. The Gemara asks: And are there no more disputes between them? Isn’t there what we learned that Hillel says that it is permitted to lay hands on the heads of offerings sacrificed on a Festival, and one performs no prohibited labor and does not desecrate the Festival by doing so; and Shammai says not to lay hands? The Gemara answers: When Rav Huna said his statement, he was referring to disputes where there is no dispute between the great Sages who predated them concomitant with theirs. The dispute with regard to laying hands on the Festival is ancient, and their predecessors, Sages dating back to the beginning of the era of the pairs, already disputed it. The Gemara asks further: Isn’t there also the dispute with regard to one who harvests grapes in order to take them to the press and stomp them as to whether or not the liquid that seeps out of the grapes is considered as having seeped out willfully and renders the grapes susceptible to impurity? Shammai says: It has become susceptible, and Hillel says: It has not become susceptible. The Gemara rejects this: Except for that one, as there, although they originally disagreed, ultimately Hillel was silent and did not respond to Shammai and ultimately accepted his opinion. Earlier it was mentioned that Yosei ben Yo’ezer of Tzereida and Yosei ben Yoḥanan of Jerusalem decreed impurity upon the land of the nations and upon glass vessels. The Gemara asks: Was it these two Sages, who were among the first Sages in the era of the pairs, who issued these decrees? Wasn’t it the Sages who lived in the final eighty years of the Second Temple period who issued these decrees? As Rav Kahana said: When Rabbi Yishmael, son of Rabbi Yosei, fell ill, the Sages sent to him: Rabbi, tell us two or three statements that you once told us in the name of your father. He sent to them: This is what my father said: One hundred and eighty years before the Temple was destroyed, the evil kingdom of Rome invaded Israel. Eighty years before the Temple was destroyed, they decreed impurity on the land of the nations and on glass vessels. Forty years before the Temple was destroyed, the Sanhedrin was exiled from the Chamber of Hewn Stones and sat in the stores on the Temple Mount. With regard to the last statement, the Gemara asks: What are the halakhic ramifications of this statement? Rabbi Yitzḥak bar Avdimi said: To say that they no longer judged cases of fines. The Gemara wonders: Does it enter your mind that they no longer judged cases of fines? Even several generations after the Temple was destroyed they continued to judge cases of fines in Eretz Yisrael. Rather, emend and say: That they no longer judged capital cases. The authority to impose the death penalty was stripped from the Sanhedrin, and therefore they willingly left the Chamber of Hewn Stone. Since the Sanhedrin no longer convenes in its designated place, the halakha is that it no longer has the authority to judge capital cases (Tosafot). In any case, we learned that the Sages of the last eighty years before the destruction are the ones who decreed impurity on the land of the nations. And if you say that Yosei ben Yo’ezer and Yosei ben Yoḥanan were also there during those eighty years, wasn’t it taught in a baraita: Hillel, and his son Shimon, and his grandson Gamliel, and his great-grandson Shimon filled their position of Nasi before the House, while the Temple was standing, for a hundred years, while Yosei ben Yo’ezer of Tzereida and Yosei ben Yoḥanan were much earlier than Hillel? Rather, this decree was issued in stages. First, Yosei ben Yo’ezer and Yosei ben Yoḥanan came and issued a decree that teruma that comes into contact with a clump of earth of the land of the nations is to be burned, and they decreed nothing with regard to teruma that enters into the air space of the land of the nations. The Sages of the final eighty years prior to the destruction of the Temple came and issued a decree with regard to teruma that enters into the air space of the land of the nations that its legal status is in abeyance, and it is not burned. The Gemara asks: Is that to say that there was one decree issued immediately to subject teruma to burning? Didn’t Ilfa say: With regard to hands, from the beginning their decree was that teruma that comes into contact with them is to be burned? The Gemara infers from this that, with regard to hands alone, the beginning of their decree was to render teruma that came into contact with them impure to the point of burning; however, with regard to other matters, they did not immediately issue so severe a decree. Rather, the stages of the decree were as follows: Yosei ben Yo’ezer and Yosei ben Yoḥanan came and decreed that any item that came into contact with a clump of earth is to be in abeyance, and they decreed nothing with regard to teruma that enters into the air space of the land of the nations. The Sages of the last eighty years came and were stringent by one more level; they decreed that teruma that came into contact with a clump of earth of the land of the nations is to be burned, and, with regard to teruma that enters into the air space of the land of the nations, its legal status is in abeyance. The Gemara asked further: And still is the matter clear? Didn’t the Sages issue this decree in Usha, many years after the destruction of the Temple? As we learned in a mishna: For six cases of uncertain impurity one burns the teruma which came into contact with them:
For the uncertain case of beit haperas, meaning teruma that entered a field where a grave was plowed and the location of the bones of the corpse is unknown, and it is uncertain whether or not the teruma became impure;
And for the uncertain case of earth that comes from the land of the nations, whose impurity itself has the status of uncertain impurity. Therefore, teruma that came into contact with it also has the status of uncertain impurity;
And for the uncertain case of the clothes of an am ha’aretz. Since an am ha’aretz is not careful with regard to purity, we are concerned lest a menstruating woman touch his clothes. Due to that uncertainty, his clothes are considered impure with a severe degree of impurity. If teruma came into contact with them there is uncertainty with regard to whether or not they became impure;
And for the uncertain case of vessels that are not his that are found. Since he does not know whether or not those vessels are impure, if teruma came into contact with them, there is uncertainty whether or not they are impure;
And for the uncertain case of spittle, as perhaps it is the spittle of a zav and transmits impurity by Torah law. If teruma came into contact with it there is uncertainty whether or not it is impure;
And for the uncertain case of a person’s urine, even though it was adjacent to the urine of an animal, there is room for concern that perhaps it is the urine of a zav, and impure by Torah law. If teruma came into contact with it, there is uncertainty whether or not it is impure.
In all of these cases, the Sages established that for their definite contact, when it is clear that these came into contact with teruma, and although there is uncertainty with regard to their essential impurity, i.e., it is uncertain whether or not these items are impure, one burns the teruma that came into contact with them. Rabbi Yosei says: Even in a case of uncertain contact; if it was in the private domain one burns teruma that came into contact with it, as with regard to impurity by Torah law an uncertainty that developed in a private domain is also ruled impure. According to Rabbi Yosei, these decrees, even though they are fundamentally cases of uncertainty, are sufficiently stringent that the Sages applied Torah law to them. And the Rabbis say: Since these cases are only impure by rabbinic decree, in a case of uncertain contact in the private domain, one does not burn the teruma but rather places it in abeyance. While in the public domain, they are ritually pure. And Ulla said with regard to these six uncertain cases: In Usha they instituted how one must act in terms of practical halakha. If so, a clump of earth from the land of the nations transmits impurity from the time of the Usha ordinances and not from eighty years prior to the destruction of the Temple. Rather, Yosei ben Yo’ezer and Yosei ben Yoḥanan came and decreed that if teruma came into contact with a clump of earth from the land of the nations, its legal status is in abeyance and one does not burn it, and upon teruma that entered the air space of the land of the nations they decreed nothing. And the Sages of the last eighty years of the Temple came along and issued a decree upon this, earth, and upon that, air, that in both cases the teruma is in abeyance. And the Sages of the city of Usha came along and decreed that teruma that came into contact with a clump of earth from the land of the nations is burned. And teruma that entered the air space of the land of the nations, as it stood, it continues to stand in abeyance. They did not impose any greater stringency in this matter. One of the matters mentioned above was the decree of impurity on glass vessels. With regard to glass vessels, what is the reason that the Sages decreed impurity upon them? Rabbi Yoḥanan said that Reish Lakish said: Since the beginning of the manufacture of glass vessels is from sand, the Sages equated them to earthenware vessels. The Gemara asks: But if what you say is so, if the Sages truly equated the impurity of glass vessels to the impurity of earthenware vessels, there should not be purification in the ritual bath for glass vessels, just as there is no purification for earthenware vessels. Why, then, did we learn in a mishna with regard to the halakhot of immersing vessels: And these materials interpose in vessels, i.e., if they were stuck to the vessel when it was immersed the vessel is not purified: The pitch and the myrrh that were stuck on glass vessels obstruct their immersion. Apparently, glass vessels are purified in a ritual bath. The Gemara answers that glass cannot usually be purified in a ritual bath. However, with what are we dealing here? With a special case where the glass vessels were perforated and he dripped molten lead into them to seal the hole. This halakha is in accordance with the opinion of Rabbi Meir, who said: Everything follows the nature of the facilitator, i.e., if an object that is not fit for use on its own is reinforced with a different material that facilitates its use, the entire object assumes the legal status of that material. Therefore, since the substance that sealed the holes in these glass vessels is lead, which can be purified through immersion like other metals, these glass vessels can also be purified in a ritual bath. As it was taught in a baraita: Glass vessels that were perforated and one dripped lead into them; Rabban Shimon ben Gamliel said that Rabbi Meir deems them ritually impure and the Rabbis deem them ritually pure. The Gemara asks further: But if that is so, and glass vessels are equated with earthenware vessels, they should not become impure from their outer side. Why, then, did we learn this in a mishna? With regard to earthenware vessels and vessels made from natron [neter], the halakhot of their impurity are equal in that they become impure if a primary source of impurity enters their airspace, and, once impure, they render food that enters their airspace impure from their air space. And they become impure from behind, i.e., if a primary source of impurity enters into the bottom of the vessel, where there is an empty space and a receptacle, the vessel becomes impure. However, earthenware vessels do not become impure from their outer side, i.e., if a primary source of impurity came into contact with the outer side of the vessel, the inside of the vessel does not become impure. And the breaking of earthenware vessels renders them pure. By inference, specifically natron vessels and earthenware vessels are those whose halakhot of impurity are equal, as is their status. However, with regard to other matters that is not the case. Why, then, were glass vessels not listed together with those vessels? The Gemara answers: Since if the glass vessels broke they have the capacity to be repaired, as the glass can be liquefied and recast into a new vessel, the Sages equated them to metal vessels that can also be liquefied and recast. The Gemara asks: But if so, if glass vessels were truly equated with metal vessels, then broken glass vessels that were liquefied and recast should reassume their previous impurity, like metal vessels. As we learned in a mishna: Metal vessels, both their flat vessels, which have no airspace, and their receptacles, which have airspace, are all impure if they came into contact with a primary source of ritual impurity. If they broke, they thereby became purified. However, if one remade the broken vessels into new vessels, they reassume their previous impurity. While, with regard to glass vessels, we learned in a mishna: Wooden vessels and leather vessels and bone vessels and glass vessels, their flat vessels are pure when they come into contact with impurity, and only their receptacles are impure. If they broke, they thereby became purified. However, if he remade the broken vessels into new vessels, they can become impure from that point, when they were recast, forward. By inference: From that point forward, yes, they become impure; retroactively, no, they do not reassume their previous impurity. Apparently, there is no halakha of previous impurity as far as glass vessels are concerned. The Gemara answers: The entire impurity of glass vessels is by rabbinic decree, and previous impurity, which takes effect on recast metal vessels, is by rabbinic decree. With regard to impurity by Torah law, the Sages imposed a decree of previous impurity. With regard to impurity by rabbinic law, the Sages did not impose a decree of previous impurity. The Sages did not impose the decree of previous impurity, which is by rabbinic decree, on glass vessels whose fundamental impurity is itself only by rabbinic decree. The Gemara asks further: Their flat vessels should in any case become impure. Since the impurity of flat metal vessels is by Torah law, isn’t it appropriate, therefore, to decree this impurity on flat glass vessels by rabbinic decree? The Gemara answers: The Sages made a distinction with regard to glass vessels, in order to prevent burning teruma and consecrated items for coming into contact with them. Through this distinction between glass vessels and metal vessels, everyone will understand that the impurity of glass vessels is not by Torah law. They will not come to burn teruma and consecrated items that came into contact with impure glass vessels; rather, their legal status will remain in abeyance. Rav Ashi said: There was never a need to equate glass vessels and metal vessels. Actually, glass vessels are likened to earthenware vessels in every sense. And that which was difficult for you, that if so, glass vessels, like other earthenware vessels, should not become impure from contact of their outer side with a source of ritual impurity; since in glass vessels its inner side looks like its outer side, the legal status of the outer side was equated with that of the inner side, as there is no visible separation between them. We learned that Shimon ben Shataḥ instituted the formula of the marriage contract for a woman and decreed impurity upon metal vessels. The Gemara asks: Aren’t metal vessels impure by Torah law, as it is written: “But the gold, and silver, and the bronze, and the iron, and the tin, and the lead. Anything that came in fire, make it pass through fire and it will be pure, but with the water of sprinkling it will be purified and anything that did not come in fire make it pass through water” (Numbers 31:22–23)? The Gemara answers: This ordinance of Shimon ben Shataḥ with regard to the impurity of metal vessels in general was only needed with regard to previous impurity reassumed by metal vessels after they are recast. As Rav Yehuda said that Rav said: There was an incident involving Shimon ben Shataḥ’s sister, Shel Tziyyon the queen, who made a wedding feast for her son. All of her vessels became impure, and she broke them and gave them to the smith, and he welded the broken vessels together and made new vessels. And the Sages said: What she did was ineffective, as all the vessels will reassume their previous impurity. With regard to the essence of the matter, the Gemara asks: What is the reason that they imposed a decree of previous impurity on metal vessels? The Gemara answers: Due to a fence constructed to maintain the integrity of the water of a purification offering, the Sages touched upon it. In order to purify a vessel that came into contact with a corpse, one is required to have the water of a purification offering sprinkled on the vessel on the third day and the seventh day after it became impure, as it is written: “He should be purified with it on the third day and on the seventh day he will become pure, and if he is not purified with it on the third day and on the seventh day he will not become pure” (Numbers 19:20). This involves a significant inconvenience. If people will prefer to break or damage impure metal vessels in order to purify them more easily, the use of water of a purification offering will become obsolete. As a result, the Sages decreed that metal vessels will remain impure until they undergo the purification process. The Gemara asks: Granted, according to the one who said that they did not say the decree of previous impurity on metal vessels with regard to all forms of impurity; rather, they only said the decree with regard to the impurity caused by contact with a corpse, it works out well. In the case of impurity caused by contact with a corpse, the Sages issued this decree because its purification process is demanding. It requires immersion and sprinkling of the water of a purification offering on the third and the seventh days. However, with regard to other forms of impurity, whose purification is accomplished by means of immersion alone, a person will not break a vessel in order to avoid immersion. Consequently, there is no need to institute a decree in those cases. However, according to the one who said that they said the decree of previous impurity in metal vessels with regard to all forms of impurity, which includes those forms of impurity that do not require sprinkling of the water of a purification offering for their purification, what is there to say as a rationale for the decree? Abaye said: Shimon ben Shataḥ instituted a decree due to the concern that perhaps he would not perforate that vessel with a hole large enough to render it ritually pure. To purify a vessel by breaking it, one must make a hole large enough to ensure that the vessel will no longer be able to hold the contents that it was designed to hold. Abaye explained that Shimon ben Shataḥ’s concern was that one who values the vessel will not break it sufficiently to render it ritually pure. Rava said: It is a decree lest they say that immersion on the same day is sufficient for this vessel to be purified. People will be unaware of the manner in which the metal vessel became pure, and they will assume that its purity was achieved by means of immersion and not by means of breaking. That will lead them to the conclusion that any vessel becomes pure immediately upon immersion, and there is no need to wait for sunset, contrary to Torah law. Therefore, the Sages decreed that repaired vessels retain previous impurity. The Gemara asks: What is the practical difference between the reasons of Abaye and Rava? The Gemara answers: The difference between them is found in a case where he broke the vessel completely. If there was concern that perhaps he will not perforate it sufficiently, there is no longer room for concern. However, if there was concern lest people say that immersion is effective on that day, there remains room for concern. To this point, several, but not all, of the eighteen decrees were enumerated. The Gemara asks: And what is the other decree? The Gemara answers: As we learned in a mishna in tractate Mikvaot: One who places vessels under the drain pipe in order to collect rainwater, the water collected in the vessels is considered drawn water. This is true both in the case of large vessels which, due to their size, do not become impure, and in the case of small vessels. And even if they were stone vessels and earth vessels and dung vessels, made from dry cattle dung, which are not considered vessels in terms of ritual impurity and do not become impure at all, this ruling applies. The water in the vessels is considered drawn water in all respects. If it leaked from those vessels and flowed into a ritual bath that had not yet reached its full measure, forty se’a, and filled it, the water invalidates the ritual bath. The Gemara adds that this halakha applies both in a case where one places the vessels beneath the drainpipe with premeditated intent to collect the water flowing through it as well as in a case where one forgets the vessels there and they are filled unintentionally; this is the statement of Beit Shammai. And Beit Hillel deem the ritual bath pure, i.e., fit to complete the full measure of the ritual bath, in a case where one forgets the vessels. Rabbi Meir said: They were counted in the attic of Ḥananya ben Ḥizkiya and Beit Shammai outnumbered Beit Hillel. And Rabbi Meir said that Beit Shammai agree with Beit Hillel that in a case where one forgets vessels in the courtyard and they fill with rainwater, the water is pure. Rabbi Yosei said: The dispute still remains in place, and Beit Shammai did not agree with Beit Hillel at all. Rav Mesharshiya said: The Sages of the school of Rav say: Everyone agrees that if he placed the vessels in the courtyard at the time of the massing of the clouds, a sign that it is about to rain, just before it began to rain, then the water in the vessels is impure, unfit, as he certainly intended that the water fill the vessels. If one placed the vessels at the time of the dispersal of the clouds, and then the clouds massed together, and then rain fell and the vessels filled with the rainwater, everyone agrees that the water is pure. It is fit to fill the ritual bath to its capacity because at the time that he placed the vessels under the drainpipe his intention was not that they fill with rainwater. They only disagreed in a case where he placed them at the time of the massing of the clouds, and the clouds dispersed, and rain did not fall then, and only later the clouds massed again, and rain fell and filled the vessels. In that case, this Sage, Beit Hillel, holds that because the clouds dispersed after he placed the vessels, his thought to fill the vessels with water was negated. The vessels remained in the courtyard due to his forgetfulness, and when they filled afterward it was not his intention that they fill. And this Sage, Beit Shammai, holds that his thought was not negated, as his original intention was ultimately fulfilled despite the delay in its fulfillment. The Gemara wonders: Indeed, according to Rabbi Meir, another decree was added to the total. However, according to Rabbi Yosei, who said that in this case the dispute still remains in place, the tally of eighteen decrees is lacking. Rav Naḥman bar Yitzḥak said: The decree that the daughters of the Samaritans [kutim] are considered to already have the status of menstruating women from their cradle, their birth, they issued on that day. The halakha is that any female who sees blood of menstruation is impure, regardless of her age, even if she is a day old. The Samaritans did not accept that halakha. Consequently, it is possible that there were girls among them who saw blood of menstruation before their coming-of-age, and the Samaritans ignored their impurity. Therefore, due to this uncertainty, the Sages decreed impurity on all daughters of the Samaritans from birth. The Gemara asks: And what is the other decree? The Gemara answers that another decree is as we learned a halakhic tradition in a mishna that all movable objects with the width of an ox goad, a long stick for prodding and directing a plowing animal, transmit impurity. If one side of the object was over a corpse and the other side of the object was over vessels, the vessels become impure due to the impurity of a tent over a corpse. Rabbi Tarfon said: I will bury my sons if this is not a truncated halakha, i.e., that the one who heard it, heard a halakhic ruling concerning a different situation and erred. He thought this halakha was established with regard to the following: Movable objects with the thickness of an ox goad transmit impurity to another vessel when the movable object is over both the source of impurity and the vessel at the same time. However, the original halakha is as follows: If the farmer was passing and his ox goad was on his shoulder and one side of the ox goad covered the grave, the Sages deemed the ox goad itself impure due to the impurity of vessels that cover a corpse. Any object located over a grave becomes impure. However, just because the ox goad itself became impure, this does not necessarily mean that it transmits impurity to other objects. Rabbi Akiva said: I will correct and explain the halakha so that the statements of the Sages will be upheld as they were originally said, and this halakha will be explained as follows: All movable objects transmit impurity to the person carrying them if the objects are at least as thick as an ox goad. As will be explained below, there is room to decree that a round object with the circumference of an ox goad should have the legal status of a tent over a corpse. Something that serves as a covering over a corpse not only becomes impure itself, but also transmits impurity, as it is written: “Anything that is in the tent will become impure for seven days” (Numbers 19:14). Therefore, even the person carrying the ox goad becomes impure due to the ox goad. And, however, movable objects that covered the corpse bring impurity upon themselves by means of this makeshift tent at any size, and there is no minimum measure. And, however, those objects that cover the corpse do not transmit impurity to other people who are not carrying them. And the same is true with regard to vessels, unless the width of these vessels is at least one handbreadth. And Rabbi Yannai said: And the ox goad that they mentioned is specifically one in which its width is not a handbreadth and, however, its circumference is a handbreadth, and they, the Sages, issued a decree on its circumference due to its width. If its width was a handbreadth it would transmit impurity as a tent by Torah law. Therefore, they issued a rabbinic decree with regard to an object whose circumference is a handbreadth. This is another of the eighteen decrees. The Gemara asks: And according to Rabbi Tarfon, who said: I will bury my son if this is not a truncated halakha, the tally of the decrees is lacking, and there are not eighteen. Rav Naḥman bar Yitzḥak said: The decree that the daughters of the Samaritans are considered to already have the status of menstruating women from their cradle, they issued on that day. And in the other matter of drawn water, he holds in accordance with the opinion of Rabbi Meir, and thereby the tally of the decrees is complete. And another of those decrees is the matter of one who harvests grapes in order to take them to the press. Shammai says: It has become susceptible, and Hillel says: It has not become susceptible. Hillel said to Shammai: If so, for what purpose do they harvest grapes in purity, i.e., utilizing pure vessels, as in your opinion, since the grapes are susceptible to impurity by means of the juice that seeps from them, care must be taken to avoid impurity while gathering; and, however, they do not harvest olives in purity? According to your opinion that liquid that seeps out renders the fruit susceptible to impurity, why is there not a similar concern with regard to the liquid that seeps out of olives? Shammai said to him: If you provoke me and insist that there is no difference between gathering olives and grapes, then, in order not to contradict this, I will decree impurity on the gathering of olives as well. They related that since the dispute was so intense, they stuck a sword in the study hall, and they said: One who seeks to enter the study hall, let him enter, and one who seeks to leave may not leave, so that all of the Sages will be assembled to determine the halakha. That day Hillel was bowed and was sitting before Shammai like one of the students. The Gemara said: And that day was as difficult for Israel as the day the Golden Calf was made, as Hillel, who was the Nasi, was forced to sit in submission before Shammai, and the opinion of Beit Shammai prevailed in the vote conducted that day. And Shammai and Hillel issued the decree, and the people did not accept it from them. And their students came and issued the decree, and the people accepted it from them. As to the essence of the matter, the Gemara asks: What is the reason they decreed that liquids that seeped from the grapes unintentionally render the grapes susceptible to impurity? Rabbi Ze’iri said that Rabbi Ḥanina said: The Sages issued a decree due to concern lest he gather the grapes in impure baskets. The impurity of the vessel would accord the liquid in it the status of a liquid that renders food items susceptible to impurity. The Gemara asks: This works out well, according to the one who said that an impure vessel accords liquids in it the halakhic status as if they were placed there willfully, and they render foods susceptible to impurity even if he did not want the liquids in the vessel. However, according to the one who said that an impure vessel does not accord liquids that status, what can be said in explanation of the decree? Rather, Rabbi Ze’iri said that Rabbi Ḥanina said the following: The reason is not as we suggested; rather, this is a decree instituted by the Sages lest he gather them in pitched baskets, which are sealed. Since liquids that seep out of the grapes do not spill out of the baskets, it is opportune for him to have the liquids seep out of the grapes as he thereby accelerates the production of wine in the press. Because the seeping of the liquid is opportune, it renders the grapes susceptible to impurity. Rava said: The reason for the decree is due to the case of liquid that squirted out when one separated clusters of grapes that were stuck together. Since he did so by his own hand, consciously and willfully, the liquid that seeps out renders the grapes susceptible to impurity. Just as Rav Naḥman said that Rabba bar Avuh said: Sometimes a person goes to his vineyard in order to ascertain whether or not the grapes have reached the time for gathering, and he takes a cluster of grapes to squeeze it, and he sprays the juice onto the grapes. Based on the quality of the juice, he determines whether or not the grapes are sufficiently ripe. If so, this grape juice was squeezed by his own hand willfully and it renders the grapes susceptible to impurity, as even at the time of gathering it is conceivable that the liquid is still moist upon the grapes. Since all eighteen decrees decreed that day have not yet been enumerated, the Gemara asks: And what is the other? Said Tavi the bird hunter [rishba] that Shmuel said: The decree that growths of teruma, i.e., produce that grows from teruma that was planted in the ground, are considered teruma, the Sages also issued on that day. The Gemara asks: What is the reason for this decree? Rabbi Ḥanina said: A decree due to pure teruma in the hand of a non-priest Israelite. One who seeks to avoid giving teruma to a priest would plant it in the ground and thereby negate its teruma status. To prevent him from doing so, the Sages decreed that that which grows from the teruma is also considered teruma. Consequently, one would gain nothing by replanting the teruma. Rava said: If they are suspected of that, let them refrain from separating teruma altogether. Rather, Rava said: We know that with regard to an Israelite, as opposed to a Levite, fundamentally it is possible to perform the mitzva of teruma by separating merely one grain of wheat, in accordance with the opinion of Shmuel, who said that by Torah law there is no fixed measure for teruma. By separating one grain of wheat as teruma for all the wheat on the threshing floor, one fulfills his obligation. Since he nevertheless did not take advantage of that possibility to exempt himself from the obligation of separating teruma, he is trustworthy, and there is no reason to suspect that he will seek to avoid giving teruma to the priest by planting it. Rather, the reason for the decree is due to impure teruma in the hand of a priest. A priest is forbidden to eat impure teruma and he is required to burn it. However, the priest is permitted to derive benefit from its burning. The Sages were concerned lest he keep the impure teruma with him until the season of sowing and sow his field with it, and, as a result, he encounter a stumbling-block because over time he is liable to forget that the teruma is impure and eat it. With regard to the total of eighteen decrees, the Gemara asks: And what is the other decree? Rabbi Ḥiyya bar Ami said in the name of Ulla: In a case of one who was carrying a purse with money in it on Shabbat eve, and it got dark for him on the way, the Torah law permitted him to carry the purse in increments, each of which is less than four cubits. However, the Sages issued the following decree: It is prohibited to carry in increments; he should give his purse to a gentile accompanying him. This decree was also issued on that day. And the other decree: The Sage Bali said that Avimi of Sanvata said: The decrees with regard to gentiles that prohibit their bread, and their oil, and their wine, and their daughters are all one decree of the eighteen matters. The Gemara asks: This works out well according to Rabbi Meir, as according to his opinion the Gemara already enumerated eighteen decrees. However, according to Rabbi Yosei, who holds that the dispute remains with regard to the matter of vessels in the courtyard, they are only seventeen. The Gemara answers: There is also that statement of Rav Aḥa bar Adda, as Rav Aḥa bar Adda said that Rabbi Yitzḥak said: The Sages issued a decree prohibiting eating their bread due to their oil. And they issued a decree prohibiting their oil due to their wine. Consequently, there are two separate decrees. The Gemara wonders: They issued a decree on their bread because of their oil. In what way is the prohibition on oil stronger than the prohibition on bread? Rather, say that they issued a decree prohibiting their bread and their oil due to their wine. And they issued a decree prohibiting their wine due to the fact that it leads to familiarity, and people will come to marry their daughters. And they issued a decree prohibiting their daughters due to something else, idolatry. And they further issued a decree on something else, idolatry, due to something else. The Gemara asks: What is the something else alluded to here? Rav Naḥman bar Yitzḥak said: They issued a decree on a gentile baby, according him the legal status that he transmits impurity as one with the legal status of a great zav, who experienced three emissions, even though he did not experience an emission. This was in order to distance Jewish children from gentile children so that a Jewish boy should not be accustomed to be with a gentile in homosexual relations. The Gemara asks: If so, according to Rabbi Meir it is difficult as well, as they are now nineteen decrees. The Gemara answers: Rabbi Meir counts the decrees of food items and vessels that became impure through contact with liquids as one. Consequently, according to Rabbi Meir, too, there are only eighteen decrees. MISHNA: In this mishna there is a fundamental dispute between Beit Hillel and Beit Shammai: Must one begin refraining from actions prohibited on Shabbat on Shabbat eve? Or, may one initiate an action prior to Shabbat, even if he knows that it will continue on its own on Shabbat itself? These are the details of that dispute: Beit Shammai say: One may only soak dry ink in water and dry plants, which produce dyes, in water and vetch for animal food to soften them in water on Shabbat eve, adjacent to Shabbat, if there is clearly sufficient time for them to soak for their designated purpose while it is still day, before Shabbat begins, and their continued soaking on Shabbat will have no effect. And Beit Hillel permit doing so. Beit Shammai say: One may only place bundles of combed flax inside the oven on Shabbat eve if there is sufficient time so that they will be heated while it is still day. And one may only place wool into the dyer’s kettle if there is sufficient time for the wool to absorb the dye while it is still day. And Beit Hillel permit doing so. Beit Shammai say: One may spread traps for an animal and birds and fish only if there is sufficient time remaining in the day for them to be trapped in them while it is still day, and Beit Hillel permit doing so even if there is not sufficient time remaining in the day. Beit Shammai say: One may only sell an item to a gentile on Shabbat eve, and one may only load a burden on his donkey with him, and one may only lift a burden on him if there remains sufficient time for the gentile to arrive to a near place prior to Shabbat, and the Jew will play no role in the performance of a prohibited labor by the gentile on Shabbat. And Beit Hillel permit doing so. Beit Shammai say: One may not give skins to a gentile tanner, nor clothes to a gentile launderer, unless there is sufficient time for work on them to be completed while it is still day, before Shabbat begins. And in all of them Beit Hillel permit doing so with the sun, i.e., as long as the sun is shining on Friday. Rabban Shimon ben Gamliel said: The ancestral house of my father, the dynasty of Nesi’im from the house of Hillel, was accustomed to give its white clothes to a gentile launderer no fewer than three days before Shabbat. And, however, these, Beit Shammai, and those, Beit Hillel, agree that, ab initio, one may load the beam of the olive press on the olives on Shabbat eve while it is still day, so that the oil will continue to be squeezed out of the olives on Shabbat. So too, one may load the circular wine press to accelerate the process of producing wine from the grapes. GEMARA: Before clarifying the matters themselves, the Gemara seeks to determine: Who is the tanna who holds that merely adding water to ink without any additional action constitutes its soaking, and one is liable for doing so on Shabbat, as he performed an act of kneading, one of the primary categories of labor? Rav Yosef said: It is the opinion of Rabbi Yehuda HaNasi. As it was taught in a baraita: In a case where one person adds the flour and another one adds the water into one vessel, the latter one is liable for kneading the dough, which is a prohibited labor on Shabbat, even though he did not actually knead the dough; that is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei says: He is not liable for the prohibited labor of kneading until he actually kneads the dough. According to Rabbi Yehuda HaNasi, merely soaking the dough in water is considered a prohibited labor. Abaye said to Rav Yosef: And perhaps Rabbi Yosei only stated that actual kneading is required to be liable for performing the prohibited labor of kneading in the case of flour, which can be kneaded; however, ink, which cannot be kneaded, say that its soaking is considered a full-fledged prohibited labor, and he will therefore be liable, even according to the opinion of Rabbi Yosei. The Gemara rejects this: It should not enter your mind to say so, as it was taught in a baraita: In a case where one places the ashes and one adds the water, the latter one is liable, although he did not knead them. That is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei, son of Rabbi Yehuda, says: He is not liable until he actually kneads them. Apparently, according to the opinion of Rabbi Yosei, son of Rabbi Yehuda, he is only liable for committing the prohibited labor of kneading on Shabbat if he actually kneads the mixture, as he stated his halakha even with regard to ashes, which cannot be kneaded. The Gemara asks: And perhaps, what is the meaning of ashes [efer] mentioned here? Perhaps it is soil [afar], which can be kneaded. In that case he is not liable until he actually kneads the mixture. However, with regard to ashes, which cannot be kneaded, Rabbi Yosei, son of Rabbi Yehuda, also holds that even if he did not actually knead the mixture he is liable. The Gemara rejects this: Wasn’t the dispute taught in one baraita with regard to ashes, and wasn’t it taught in another baraita with regard to soil? In both cases, Rabbi Yosei, son of Rabbi Yehuda, disagreed. The Gemara rejects this proof: Were they taught next to each other? Had both of these baraitot been taught together, it would have been truly possible to arrive at the conclusion that Rabbi Yosei, son of Rabbi Yehuda, disagrees both in the case of ashes and in the case of soil. However, since the baraita that speaks about ashes was taught elsewhere by a different amora who cited it in the name of Rabbi Yosei, the difference in language does not prove that Rabbi Yosei disagrees in both cases. The Sages taught in a Tosefta: One may open a canal that passes adjacent to a garden on Shabbat eve at nightfall, so that water will flow into a garden and the garden continuously fills with water all day long on Shabbat. Similarly, one may place incense, perfumed herbs placed on coals to produce a fragrance, on coals beneath the clothes on Shabbat eve and the clothes may be continuously perfumed all day long. And, similarly, one may place sulfur beneath the silver vessels on Shabbat eve at nightfall for the purpose of coloring the vessels, and they may be continuously exposed to sulfur all day long. And one may place an eye salve [kilor] on the eye and a bandage [ispelanit] smeared with cream on a wound on Shabbat eve at nightfall, and the wound may continuously heal all day long on Shabbat. However, one may not place wheat kernels into the water mill unless he does so in a way so that they will be ground while it is still day on Friday and not on Shabbat. The Gemara asks: What is the reason that the baraita prohibited a mill and permitted other prohibited labor? Rabba said: Because it makes noise and the public will hear the mill grinding on Shabbat. Although no prohibited labor is being performed, doing so displays contempt for Shabbat. Therefore, the Sages prohibited it. Rav Yosef said to Rabba: And let the Master say a better reason, due to the obligation to ensure the resting of utensils. Even the utensils of a Jewish person may not be used for prohibited labor on Shabbat. As it was taught in halakhic midrash, the Mekhilta: That which is stated: “And in all that I said to you, take heed” (Exodus 23:13), is an allusion to matters mentioned in the Oral Torah. It comes to include the resting of utensils on Shabbat. Rather, Rav Yosef said: The reason for the prohibition of the mill on Shabbat is due to the resting of utensils. Since the obligation of resting utensils on Shabbat was mentioned, the Gemara says: Now that you said that Beit Hillel also hold that resting utensils on Shabbat is required by Torah law, with regard to sulfur and incense on coals that are placed under silver vessels and clothes, respectively, what is the reason that the Sages permitted this on Shabbat? Isn’t that performed on Shabbat in utensils? The Gemara answers: Because the utensil itself does not perform an action when the incense or sulfur is burning. With regard to the bundles of flax, what is the reason that they permitted placing them in the oven on Shabbat eve at nightfall to dry, even though the oven is performing a prohibited labor on Shabbat? Because it does not perform an action; rather, on the contrary, it sits idle in its place and the prohibited labor occurs on its own. However, with regard to traps of an animal, and a bird, and a fish, which perform a bona fide action of trapping, what is the reason that they permitted spreading them on Shabbat eve at nightfall? The Gemara explains: There too, it is referring to a fish hook and nets [kokrei], which perform no action. They stand in place, and the fish comes to them and is trapped. Indeed, a trap that performs an action is prohibited. And now that Rav Oshaya said that Rav Asi said: Who is the tanna who states that the obligation of resting utensils on Shabbat is by Torah law? The tanna is Beit Shammai and not Beit Hillel. Consequently, according to Beit Shammai, whether the utensil performs an action or whether it does not perform an action, it is prohibited. And according to Beit Hillel, even though it performs an action, it is nevertheless permitted. The Gemara asks: And now that you said that according to Beit Shammai even though the utensil does not perform an action it is prohibited, if so, with regard to placing incense and sulfur beneath clothes and silver vessels, respectively, what is the reason Beit Shammai permitted this? The Gemara answers: The case under discussion was not one where the incense was placed in a vessel; rather, there, the incense was placed on the ground, and therefore there was no utensil that was obligated to rest. The Gemara asks further: A tub in which fruit or grains are placed to ferment into beer, and where they stay for an extended period; and a Shabbat lamp; and a pot in which food is being cooked, which they place on the fire while it is still day; and a spit [shapud] on which they placed food to roast while it is still day; what is the reason Beit Shammai permitted placing them on Shabbat eve while it is still day even though the prohibited labor continues over time, including on Shabbat? The Gemara answers: These are cases where he declares the utensils ownerless. According to Beit Shammai, the utensils must be declared ownerless while it is still day. Once the utensils are declared ownerless, they no longer belong to a Jew and, consequently, there is no obligation to let them rest. The Gemara asks: Based on these conclusions, who is the tanna who taught this Tosefta that the Sages taught: A woman may not fill up a pot with pounded wheat and lupines, a type of legume, and place them in the oven to cook on Shabbat eve at nightfall. And if she placed them in the oven, not only may they not be eaten on Shabbat itself, but even at the conclusion of Shabbat they are forbidden for a period of time that would be sufficient for them to be prepared, i.e., the time it takes to cook the dish from the beginning, so that he will derive no benefit from a prohibited labor performed on Shabbat. Similarly, the Tosefta said: A baker may not fill a barrel of water and place it in the oven on Shabbat eve at nightfall to boil the water that is in the barrel, and if he did so, even at the conclusion of Shabbat it is forbidden for the period of time that would be sufficient for it to be prepared from the beginning. Let us say that this Tosefta is in accordance with the opinion of Beit Shammai and not in accordance with the opinion of Beit Hillel. The Gemara answers: Even if you say that it is in accordance with the opinion of Beit Hillel, in those cases the Sages issued a decree due to concern lest the one cooking stoke the coals on Shabbat in order to accelerate the cooking. The Gemara asks: If so, with regard to incense and sulfur, the Sages should also issue a decree that prohibits placing them beneath clothes and silver vessels, respectively, on Shabbat eve at nightfall. The Gemara answers: There, in that case, he will not stoke them, as if he stokes them smoke will rise into the garments and the silver, and that is damaging for them. The smoke from the wood will ruin the fragrance and the coating of sulfur. The Gemara asks further: With regard to bundles of flax, the Sages should also issue a decree. The Gemara answers: There, since wind is damaging for them, he does not expose them, and he will not come to stoke the coals. The Gemara asks further: With regard to wool placed in the dyer’s kettle, the Sages should also issue a decree. Shmuel said: The mishna is referring to a pot that is removed from the fire, where there is no concern lest he stoke the coals. The Gemara still asks: Let us be concerned lest he stir that same pot, thereby accelerating the cooking, which is prohibited by Torah law. Rather, the mishna is referring to a pot that is removed from the fire and sealed with clay spread around its cover to prevent it from opening. The Gemara comments: And now that the Master said that in these cases the prohibition of placing the pot on the fire is due to a decree issued by the Sages lest he stoke the coals; with regard to this pot of raw meat, it is permitted to place it in an oven on Shabbat eve at nightfall. What is the reason for this? Since it is not fit for consumption during the night, as it will not be cooked by then, he diverts his thoughts from it and will not come to stoke the coals. And the same is true of cooked meat; it is permitted to place it on the fire on Shabbat eve at nightfall. Since it is reasonably cooked, one will not come to stoke the coals to cook it more. Meat that is cooked and not sufficiently cooked is prohibited, as there is concern lest he come to stoke the coals. And if he threw a raw bone into this pot, he may well do so, as due to the bone he will not remove the meat to eat it in the evening. And now that the Master said that anything for which wind is damaging one does not expose, one could say that with regard to meat of a kid and an oven whose opening is sealed with clay, he may well place it there on Shabbat eve at nightfall. Since the meat of the kid cooks quickly and the opening of the oven is sealed, there is no concern lest he come to stoke the coals. If it is the meat of a ram [barḥa] and the opening of the oven is not sealed with clay, it is prohibited to place it there on Shabbat eve at nightfall. The above are cases where the ruling is clear. However, with regard to the case of the meat of a kid and the opening of the oven is not sealed with clay, or the case of a ram and the opening of the oven is sealed, there is a dispute. Rav Ashi permitted placing it in the oven on Shabbat eve at nightfall, and Rav Yirmeya from Difti prohibited doing so. The Gemara asks: And according to the opinion of Rav Ashi, who permitted placing it there on Shabbat eve at nightfall, wasn’t it taught in a baraita that one may not roast meat, an onion, and an egg on Shabbat eve unless there is sufficient time for them to be roasted while it is still day? Apparently, one may not place meat that is not sufficiently roasted in an oven on Shabbat eve. The Gemara answers: There, the baraita is referring to the meat of a ram and the opening of the oven is not sealed with clay. However, in other cases it is permitted. Others say that with regard to the meat of a kid, whether it is in an oven that is sealed or whether it is in one that is not sealed, everyone agrees that he may well do so. With regard to the meat of a ram, when the opening of the oven is sealed, one may well do so too. Where they disagreed was in the case of the meat of a ram and the opening of the oven was not sealed. Rav Ashi permitted placing it in the oven on Shabbat eve at nightfall, and Rav Yirmeya from Difti prohibited doing so. The Gemara asks: And according to the opinion of Rav Ashi, who permitted this, wasn’t it taught in a baraita that one may only roast meat, an onion, and an egg on Shabbat eve if there is sufficient time for them to be roasted while it is still day? Apparently, one may not place meat that is not sufficiently roasted in an oven on Shabbat eve. The Gemara answers: There, the baraita is referring to the case of meat roasted directly on the coals. In that case, there is greater concern that he will come to stoke the coals. Ravina said: With regard to that raw gourd, one may well place it in a pot on the fire on Shabbat eve at nightfall. The reason for this is that since the wind is damaging for it, it is considered like the meat of a kid. The full text of the baraita is: Beit Shammai say: One may only sell an item to a gentile on Shabbat eve, and one may only load a burden onto his donkey with him, and one may only lift a burden onto him if the destination of the gentile is near enough that there remains sufficient time for the gentile to arrive at a place near there prior to Shabbat. The Sages taught in a baraita that elaborated upon this dispute between Beit Shammai and Beit Hillel with regard to selling to a gentile on Shabbat eve: Beit Shammai say: A person may not sell his object to a gentile, and lend it to him, and loan him money, and give him an object as a gift on Shabbat eve, unless there is sufficient time for him, the gentile, to reach his house while it is still day. And Beit Hillel say: He is permitted to do this if there is sufficient time for him to reach a house adjacent to the wall of the place where he is going. Rabbi Akiva says: It is permitted to give an object to a gentile on Shabbat eve if there is sufficient time for him to exit the entrance of the Jewish person’s house. What the gentile does afterward is irrelevant. Rabbi Yosei, son of Rabbi Yehuda, said: That is the statement of Rabbi Akiva; that is the statement of Beit Hillel. Rabbi Akiva came only to explain the statement of Beit Hillel. The tanna whose version of Beit Hillel’s statement was: Until he reaches the house adjacent to the wall, held that Beit Hillel’s opinion was similar to Beit Shammai’s opinion. Rabbi Akiva came to elucidate the actual opinion of Beit Hillel. The Sages taught a similar principle in a baraita with regard to another tannaitic dispute. Beit Shammai say: A person may not sell his leaven to a gentile on Passover eve unless he knows that the leaven will be finished before Passover. And Beit Hillel say: As long as it is permitted for the Jew to eat leaven, it is also permitted for him to sell it to a gentile. The Jew ceases to be responsible for the leaven sold to a gentile from the moment it is sold. And Rabbi Yehuda says: With regard to Babylonian kutaḥ, a spice that contains leavened bread crumbs, and all kinds of kutaḥ, it is prohibited to sell it to a gentile thirty days before Passover. Because kutaḥ is used exclusively as a spice, it lasts longer than other foods. The Sages taught in a different baraita: One may, ab initio, put food before the dog in the courtyard on Shabbat, and we are not concerned that the dog may lift it and carry it out to the public domain. If the dog lifted it and exited the courtyard, one need not attend to him, as he is not required to ensure that the dog will eat it specifically in that courtyard. On a similar note, the baraita continued: One may place food before the gentile in the courtyard on Shabbat. If the gentile lifted it and exited, one need not attend to him. The Gemara asks: Why do I need this as well? This case is the same as that case. The halakhot with regard to the dog and the gentile are identical, as Shabbat prohibitions do not apply to either of them. The Gemara answers: There is a distinction. Lest you say that in this case, the case of the dog, responsibility for its food is incumbent upon the owner of the courtyard who owns the dog. And in this case, the case of the gentile, responsibility for his food is not incumbent upon the owner of the courtyard. Therefore, in a situation where there is concern that Shabbat will be desecrated, there is room to say that one may not give the gentile his food. Therefore, the baraita teaches us that in that case, it is also permitted. The Sages taught in a Tosefta: A person may not rent his utensils to a gentile on Shabbat eve, as it appears that the Jew is receiving payment for work performed on Shabbat. However, on the fourth and on the fifth days of the week it is permitted. On a similar note, one may not send letters in the hand of a gentile on Shabbat eve. However, on the fourth and on the fifth days of the week it is permitted. Nevertheless, they said about Rabbi Yosei the priest, and some say that they said this about Rabbi Yosei the Ḥasid, that a document in his handwriting was never found in the hand of a gentile, so that a gentile would not carry his letter on Shabbat. The Sages taught in a baraita: One may not send a letter in the hand of a gentile on Shabbat eve unless he stipulates a set sum of money for him. In that case, anything the gentile does with this letter is not in service of the Jew, but rather on his own, since his payment is stipulated in advance. Beit Shammai say: One may only give a letter to a gentile on Shabbat eve if there is sufficient time for the gentile to reach his house before dark. And Beit Hillel say: If there is sufficient time for him to reach the house adjacent to the wall of the city to which he was sent. The Gemara asks: Didn’t he stipulate a set price? What difference does it make whether he reaches the city on Shabbat eve or on Shabbat? Rav Sheshet said, the baraita is saying as follows: And if he did not stipulate a set price for the task, Beit Shammai say: One may only give a letter to a gentile on Shabbat eve if there is sufficient time for the gentile to reach his house before dark. And Beit Hillel say: If there is sufficient time for him to reach the house adjacent to the wall of the city to which he was sent. The Gemara asks: Didn’t you say in the first clause of the baraita, that one may not send a letter unless he stipulated a set price? Without stipulating a set price, one may not send a letter at all. The Gemara answers: This is not difficult, as it is possible to explain that this, where we learned that one is permitted to give a letter to a gentile on Shabbat eve even if he did not stipulate a set price, is in a case where the house of the mail carrier [bei doar] is permanently located in the city. And this, where it is permitted to give a letter to a gentile only if he stipulated a set price, is in a case where the house of the mail carrier is not permanently located in the city. The Sages taught: One may not set sail on a ship fewer than three days before Shabbat, to avoid appearances that the Jew is performing a prohibited labor on Shabbat. In what case is this statement said? In a case where he set sail for a voluntary matter; however, if he sailed for a matter involving a mitzva, he may well do so. And, even then, he must stipulate with the gentile ship captain that this is on the condition that he rests, i.e., stops the ship, and even if the gentile does not rest. Rabban Shimon ben Gamliel says: He need not stipulate. And sailing on a ship that is traveling from Tyre to Sidon, a short journey by sea, is permitted even on Shabbat eve. The Sages taught in a Tosefta: One may not lay siege to cities of gentiles fewer than three days before Shabbat, to avoid the need to desecrate Shabbat in establishing the siege. And if they already began establishing the siege fewer than three days before Shabbat, they need not stop all war-related actions even on Shabbat. And so Shammai would say: From that which is written: “And you should build a siege against the city that is waging war with you until it falls” (Deuteronomy 20:20), it is derived that the siege should be sustained “until it falls.” Consequently, the siege must continue even on Shabbat. We learned in the mishna that Rabban Shimon ben Gamliel said: The ancestral house of my father, the dynasty of Nesi’im from the house of Hillel, was accustomed to give its white clothes to a gentile launderer no fewer than three days before Shabbat. It was taught in the Tosefta that Rabbi Tzadok said: This was the custom of the house of Rabban Gamliel: They would give white clothes to the gentile launderer three days before Shabbat, and they would give him colored clothes even on Shabbat eve. The Gemara comments: And from their statement we learned that white garments are more difficult to launder than colored ones, as in white garments every stain is more conspicuous. On a related note, the Gemara relates that Abaye gave this dyed garment to the launderer. Abaye said to the launderer: How much do you want as payment to wash it? The launderer said to Abaye: Same as for a white garment. Abaye said to him: You cannot deceive me in this matter, as the Sages already preceded you, as it was taught in the baraita which garment is more difficult to wash. On this topic, Abaye said: One who gives clothing to the launderer, he should give it to him by measure and he should take it back from him by measure. In that way, if it is longer, it is an indication that the launderer caused him a loss because he stretched the garment. And if it is shorter, he certainly caused him a loss because he shrunk it. We learned in the mishna that these, Beit Shammai, and those, Beit Hillel, agree that one may load the beam of the olive press and the circular wine press. The Gemara asks: What is different about all of the cases in the mishna, where Beit Shammai issued a decree prohibiting them, and what is different about the beams of the olive press and the circular wine press that Beit Shammai did not issue a decree prohibiting them? The Gemara answers: Those cases, where if he performed them on Shabbat he is rendered liable to bring a sin-offering, Beit Shammai issued a decree prohibiting them on Shabbat eve at nightfall. However, in the cases of the beams of the olive press and the circular wine press, where even if he performed them on Shabbat he is not rendered liable to bring a sin-offering, Beit Shammai did not issue a decree. The Gemara asks: Who is the tanna who holds that anything that comes on its own, and not as the result of an action, it may well be done on Shabbat? Rabbi Yosei bar Ḥanina said: It is the opinion of Rabbi Yishmael, as we learned in a mishna: With regard to the garlic and the unripe grapes, and the stalks of wheat that he crushed while it was still day, Rabbi Yishmael says: He may continue tending to them and finish after it gets dark, as after the crushing is completed these items are placed beneath a weight, so that the liquids will continue to seep out. And Rabbi Akiva says: He may not finish. And the amora Rabbi Elazar said: Our mishna is in accordance with the opinion of Rabbi Elazar the tanna. As we learned in a mishna: With regard to honeycombs that he crushed on Shabbat eve and the honey came out on its own on Shabbat day, it is prohibited to eat the honey, like anything that was prepared on Shabbat. And Rabbi Elazar permits eating it on Shabbat. The Gemara asks: And Rabbi Yosei bar Ḥanina, what is the reason he did not say in accordance with the explanation of Rabbi Elazar? Apparently, Rabbi Elazar’s explanation in the mishna is more accurate. The Gemara answers: Rabbi Yosei could have said to you that there, in the case of the honeycombs, it is food from the beginning and it is food at the end, as honey is considered food. Therefore, there was no squeezing of liquid from food at all. However, here, in all of the cases in the mishna, from the beginning they were food and now they became liquid, and that is the definition of squeezing. And Rabbi Elazar could have said to you in response to this assertion: We heard that Rabbi Elazar permitted olives and grapes as well. As when Rav Hoshaya from Neharde’a came, he came and brought a baraita with him, in which it was taught: Olives and grapes that he crushed from Shabbat eve and the liquids seeped out on their own, the liquids are prohibited. Rabbi Elazar and Rabbi Shimon permit those liquids. The Gemara answers that Rabbi Yosei bar Rabbi Ḥanina did not know this baraita. On the other hand, the Gemara asks: And Rabbi Elazar, what is the reason he did not say in accordance with the explanation of Rabbi Yosei bar Ḥanina, that our mishna is in accordance with the opinion of Rabbi Yishmael? The Gemara answers: Rabbi Elazar could have said to you: Wasn’t it stated that Rava bar Ḥanina said that Rabbi Yoḥanan said: Here it is referring to items that lack grinding, i.e., when the garlic and the unripe grapes were not ground in a pestle at all, everyone agrees that it is prohibited to place them in a manner that causes their liquids to come out on their own on Shabbat. The case where they disagreed was where they were already completely ground, but they were still lacking additional pounding; and these cases in our mishna are also considered as if they were lacking grinding. The Gemara relates that Rabbi Yosei bar Ḥanina issued a practical ruling in accordance with the opinion of Rabbi Yishmael, and permitted a person to finish tending to them even after dark. Since the Gemara raised issues related to the olive press, it cites other connected matters: Oil of olive pressers and mats of olive pressers, which they use in their work, Rav prohibited moving them on Shabbat since they are set aside for a specific purpose, and it is prohibited to move an item set aside and designated for a defined purpose on Shabbat. And Shmuel permitted doing so, as according to Shmuel, the legal status of set-aside [muktze] does not apply in most cases. Along the same lines, they disagreed with regard to those mats used to cover merchandise transported on a ship. Rav prohibited using them because they are set aside and Shmuel permitted using them. Similarly, Rav Naḥman said: A goat raised for its milk, and a ewe that is raised for shearing its wool, and a chicken raised for its egg, and oxen used for plowing, all of which are designated for purposes other than eating, as well as dates used for commerce; in all of these Rav prohibited using them for food, or slaughtering them even on a Festival due to the prohibition of set-aside. The reason for this is that during the day, before Shabbat, he had no intention of eating them, as he set them aside for a different purpose. And Shmuel said: They are permitted, as in his opinion there is no prohibition of set-aside. The Gemara comments that they disagree in the dispute of the tanna’im Rabbi Yehuda and Rabbi Shimon with regard to the issue of muktze. The Gemara relates: There was this student who issued a ruling in the city of Ḥarta De’argiz that items that are set aside are permitted, in accordance with the opinion of Rabbi Shimon, and Rav Hamnuna excommunicated him. The Gemara asks: Don’t we hold that the halakha is in accordance with the opinion of Rabbi Shimon? Why, then, did Rav Hamnuna excommunicate him? The Gemara answers: This incident was in the place of Rav and the student should not have done this; even if the accepted ruling is lenient, the city was under Rav’s jurisdiction, and the student’s public ruling, contrary to Rav’s opinion, was a blatant display of disrespect. Incidentally, the Gemara relates a story involving these two students: One would rescue from a fire with one vessel and one would rescue with four and five vessels, as it is permitted to rescue one’s belongings from a fire on Shabbat. They disagreed with regard to whether it is preferable to carry just one vessel and go back and forth several times, or to carry several vessels and go back and forth fewer times. And they disagree with regard to the same issue that was the subject of the dispute of Rabba bar Zavda and Rav Huna elsewhere. MISHNA: This mishna enumerates actions that may only be performed on Shabbat eve if the prohibited labor will be totally or mostly completed while it is still day. One may only roast meat, an onion, or an egg if there remains sufficient time so that they could be roasted while it is still day. One may only place dough to bake into bread in the oven on Shabbat eve at nightfall, and may only place a cake on the coals, if there is time enough that the surface of this cake or bread will form a crust while it is still day. Rabbi Eliezer says: Enough time so that its bottom crust should harden, which takes less time. However, in a case that is an exception, one may, ab initio, lower the Paschal lamb into the oven on Shabbat eve at nightfall, so that its roasting is completed on Shabbat if Passover eve coincides with Shabbat eve. And one may, ab initio, kindle the fire in the bonfire of the Chamber of the Hearth in the Temple on Shabbat eve, adjacent to the start of Shabbat, and allow the fire to spread afterward throughout all the wood in the bonfire. And, however, in the outlying areas, meaning in all of Eretz Yisrael outside the Temple, it is prohibited to light a bonfire on Shabbat eve, unless there is sufficient time for the fire to take hold in most of the bonfire, while it is still day. Rabbi Yehuda says: With a bonfire of coals, even in the outlying areas one is permitted to light the fire on Shabbat eve at nightfall, even if the fire only spread to any amount of the bonfire. The coals, once they are kindled, will not be extinguished again, and there is no concern lest he come to tend to them on Shabbat. GEMARA: We learned in the mishna that one may only roast meat and other food items if there remains sufficient time so that they could be roasted while it is still day. The Gemara asks: And how much do they need to be roasted in order to be considered sufficient, so that it will be permitted to complete their cooking afterward? Rabbi Elazar said that Rav said: So that they will be roasted while it is still day like the food of ben Drosai, which was partially roasted. Ben Drosai was a robber and pursued by all. He could not wait for his food to roast completely, so he sufficed with a partial roasting. It was also stated by another of the Sages, as Rav Asi said that Rabbi Yoḥanan said: Anything that is already cooked like the food of ben Drosai by a Jew, no longer has a problem of the cooking of gentiles. If a gentile completed cooking this food, it is, nevertheless, permitted to eat, even though, as a rule, it is prohibited to eat food cooked by gentiles. It was taught in a baraita, Ḥananya says: With regard to anything that is already cooked like the food of ben Drosai, it is permitted to keep it on the stove on Shabbat and even though this stove is not swept of coals and the burning coals are not covered with ashes. Since the food was already cooked to that extent, there is no concern that he will come to stoke the coals. We learned in the mishna that one may only place bread in the oven on Shabbat eve at nightfall if there remains sufficient time for its surface to form a crust while it is still day. According to Rabbi Eliezer, it is permitted to place bread in the oven on Shabbat eve while it is still day if there remains enough time for a crust to form on its bottom side. A dilemma was raised before them: With regard to the bottom mentioned in the mishna, is it that side close to the oven, or perhaps is it the bottom that is close to the fire? Come and hear a resolution to this dilemma from what was taught in a baraita that Rabbi Eliezer says explicitly: So that its surface that is stuck to the oven will form a crust. We learned in the mishna that one may lower the Paschal lamb into the oven on Shabbat eve at nightfall. The Gemara explains: What is the reason that this was permitted? Because the people of the group who registered to be counted together for the offering and eating of the Paschal lamb are vigilant in the performance of mitzvot and they will not transgress the halakhot of Shabbat. The Gemara asks: And if that was not so, there would not be permission to do so? Didn’t the Master say: The meat of a kid, whether it is in an oven that is sealed or whether it is in one that is not sealed, everyone agrees that he may well place it in the oven at nightfall because taking it out of the oven harms it, and there is no room for concern that he will do so? If so, there is no room for concern with regard to the meat of the Paschal lamb, which must be either a goat or a lamb (Exodus 12:5). The Gemara answers: In any case, it is necessary to emphasize the vigilance of the members of the group, as there, where it was permitted, it was specifically in a case that the goat was cut into pieces. However, here, with regard to the Paschal lamb, the goat is not cut into pieces. It is roasted whole, in accordance with the halakhot of the Paschal lamb. Consequently, it does not roast quickly, and there is room for concern lest he stoke the coals in order to accelerate the roasting. However, since the members of the group are vigilant, the Sages permitted it. We learned the following in the mishna: And one may light the fire in the bonfire of the Chamber of the Hearth in the Temple on Shabbat eve adjacent to nightfall and allow the fire to spread afterward throughout the entire bonfire. The Gemara asks: From where are these matters that doing so is permitted, derived? Rav Huna said, as it is stated: “You shall kindle no fire in all of your habitations on the day of Shabbat” (Exodus 35:3). The Gemara infers: “In all of your habitations,” the dwelling places of the Jewish people, you may not kindle fire, but you may kindle fire on Shabbat in the bonfire of the Chamber of the Hearth, which is in the Temple. Rav Ḥisda objects: If so, if that is the source for the fact that kindling the fire is permitted on Shabbat eve at nightfall, it should also be permitted to kindle it even on Shabbat itself. Why kindle the fire while it is still day? Rather, Rav Ḥisda said, it should be understood as follows: When the verse came, it came to permit burning the limbs and fats of the sacrifices on the altar, even on Shabbat. Lighting the bonfire of the Chamber of the Hearth was not permitted on Shabbat itself, since it is not part of the Temple service. It was kindled merely for the benefit of the priests. The fact that there was no concern about lighting the bonfire on Shabbat eve at nightfall is because the priests are vigilant with regard to mitzvot, and they will certainly not come to stoke the coals. We also learned in the mishna that in the outlying areas one may not light a bonfire on Shabbat eve at nightfall unless there is sufficient time for the fire to take hold in most of the bonfire. The Gemara asks about this: What is meant by the measure of most of it? Rav said: Most of each and every one of the branches. And Shmuel said: It is sufficient if the branches are sufficiently lit so that they will not say to each other: Bring thinner branches, which are easier to kindle, and we will place them beneath the existing branches to accelerate their burning. Rav Ḥiyya taught a baraita to support Shmuel, from a halakha that was stated with regard to the Temple candelabrum. The baraita said that it must be lit to the point that the flame will ascend on its own and not that the flame will ascend due to something else. In a place where kindling is required, it is sufficient to ensure that the fire burns on its own (Tosafot). To this point, the Gemara was discussing a bonfire. However, the Gemara asks: What is the halakha with regard to a single branch that one kindles on Shabbat eve? Rav said: Most of the thickness of the wood must ignite while it is still day, before Shabbat. Others say the same halakha in the name of Rav: Most of the circumference of the wood must ignite while it is still day, before Shabbat. Rav Pappa said: Since there is disagreement with regard to Rav’s halakha, and it is not clear exactly what he said, therefore, we require most of its thickness to ignite and we require most of its circumference to ignite; thereby, we avoid entering into a situation of uncertainty. The Gemara comments: This dispute is parallel to the dispute of the tanna’im, who disagreed with regard to a different matter. Rabbi Ḥiyya said: A fire is considered to be kindled when the wood will be ruined to the extent that it can no longer be used for the work of a craftsman. And Rabbi Yehuda ben Beteira says: So that the fire will take hold from both sides of the wood. And he added: And even though there is no proof for the matter, i.e., what constitutes burning as far as Shabbat is concerned, nevertheless there is an allusion to the matter that wood in this condition is considered burnt, as it is stated: “Behold, it is cast into the fire for fuel; the fire consumed both of its ends and the midst of it is burned. Is it fit for any work?” (Ezekiel 15:4). Along the same lines, the Gemara cites a different verse that discusses burning fire, as it relates to King Jehoiakim: “And the hearth [aḥ] was burning before him” (Jeremiah 36:22). Amora’im disputed the question: What is the aḥ mentioned in the verse? Rav said that it means willow branch [aḥvana]. And Shmuel said: It is referring to wood that was lit with aḥvana, meaning with fraternity [aḥva], i.e., that each piece of wood is lit from another, even small ones from large ones. The meaning of the word aḥvana was forgotten; the Gemara relates that this man, who said to people in the marketplace: Who wants aḥvana? And he was found to be selling willow, and therefore, the meaning of the word was understood. Rav Huna said: Reeds with which he lights a bonfire on Shabbat eve do not require that most of the reeds ignite prior to Shabbat, because they burn easily. However, if he tied them together into a bundle, the reeds assume the legal status of a wooden beam and most of the reeds need to catch fire before Shabbat. The same is true with regard to date seeds that he kindles. They do not require that most of them catch fire before Shabbat, because they burn easily. However, if he placed them in woven baskets [ḥotalot], most of the seeds need to ignite before Shabbat. Rav Ḥisda strongly objects to this: On the contrary, the opposite makes sense, as reeds are scattered and difficult to burn. When they are bundled, they are not scattered, and therefore burn more easily. Similarly, seeds are scattered. And if he placed them in woven baskets, they are not scattered. It was also stated on a similar note, Rav Kahana said: Reeds that one tied them into a bundle, require that most of them ignite. If one did not tie them into a bundle, they do not require that most of them ignite, in accordance with the statement of Rav Huna. However, seeds require that most of them ignite. And if he placed them in woven baskets, they do not require that most of them catch fire. Rav Yosef taught a baraita: Four bonfires do not require that most of the flammable materials catch fire, as their materials burn easily once the fire takes hold of them. And they are: A bonfire of pitch, and of sulfur, and of dry cheese, and of fatty materials. And it was taught in a baraita: A bonfire of straw and one of rakings of wood gathered from the field also do not require that most of it catch fire. Rabbi Yoḥanan said: Babylonian wood does not require that most of it catch fire. Rav Yosef the Babylonian objects: What is that wood that they use in Babylonia that burns so well? If you say that it refers to wood slivers used for burning and light, now that with regard to a wick, Ulla said that one who lights it for a Shabbat lamp must light most of what emerges from the vessel; is it necessary to mention with regard to wood slivers that most of them must be lit? Rather, Rav Yosef said: Certainly the reference is to the branch of a cedar tree. And Rami bar Abba said: The reference here is to a hyssop [zaza]. We shall return to you, Yiziot HaShabbat This mishna cites a list of fuels and wicks that one may not use in kindling the Shabbat lights, either because their use might induce one to perform a prohibited labor on Shabbat or because they are not in keeping with the deference due Shabbat. The mishna begins by listing the materials that one may not use as wicks. That is followed by a list of the substances that one may not use as fuel.

MISHNA: With what may one light the Shabbat lamp, and with what may one not light it? With regard to types of prohibited wicks, one may light neither with cedar bast [lekhesh], nor with uncombed flax [ḥosen], nor with raw silk [kalakh], nor with willow bast [petilat haidan], nor with desert weed [petilat hamidbar], nor with green moss that is on the surface of the water. With regard to types of prohibited oils, one may light neither with pitch [zefet], nor with wax [shaava], nor with castor oil [shemen kik], nor with burnt oil [shemen sereifa], nor with fat from a sheep’s tail [alya], nor with tallow [ḥelev]. Naḥum the Mede says: One may light with boiled tallow. And the Rabbis say: Both tallow that was boiled and tallow that was not boiled, one may not light with them. GEMARA: Most of the terms used in the mishna were not understood in Babylonia. Therefore, the Gemara translated and clarified them. We learned in the mishna that one may not light with lekhesh. The Gemara explains that lekhesh is the branch of the cedar tree. The Gemara asks: Isn’t the cedar mere wood? How would one fashion a wick out of wood? The Gemara answers: The mishna is referring to the woolly substance that is beneath its bark. The mishna taught further that one may not light with ḥosen. Rav Yosef said: Ḥosen is tow, thin chaff that falls off the stalk of combed flax. Abaye said to him: Isn’t it written: “And the ḥason shall be as tow” (Isaiah 1:31)? By inference, ḥosen is not tow. Rather, Abaye said: Ḥosen is flax whose stalk was crushed but not yet combed. The threads in the stalk are still covered by a shell and therefore do not burn well. And we also learned in the mishna that one may not light with kalakh. Shmuel said: I asked all seafarers, and they said to me that the present-day name of kalakh mentioned in the mishna is kulka. Rav Yitzḥak bar Ze’ira said: Kalakh is the cocoon of the silkworm [gushkera]. The Gemara relates that Ravin and Abaye were sitting before Rabbana Neḥemya, brother of the Exilarch. Ravin saw that Rabbana Neḥemya was wearing metaksa, a type of silk. Ravin said to Abaye: This is the kalakh that we learned in our mishna. Abaye said to him: We call it shira peranda. The Gemara raises an objection from that which we learned: The shiraim, the kalakh, and the sirikin, different types of silk, all require ritual fringes. Apparently, shiraim and kalakh are different types of silk. This is a conclusive refutation of the statement of Ravin who identified kalakh with shira peranda. The Gemara responds: Indeed, it is a conclusive refutation. If you wish, say instead that shira is a distinct entity, and shira peranda is a distinct entity. Shira peranda is kalakh. And we learned in the mishna that one may not light with petilat haidan. The Gemara explains that petilat haidan is willow, which does not burn well. The Gemara relates that Ravin and Abaye were walking in the valley of Tamrurita. They saw these willow trees. Ravin said to Abaye: This is the idan that we learned in the mishna. Abaye said to him: But this is mere wood. How would one fashion a wick from it? Ravin peeled the bark and showed him the wool-like substance between the bark and the tree. We also learned in the mishna: Nor with desert silk [petilat hamidbar]. That is the mullein plant, which does not burn well. And we learned in the mishna that one may not use the green moss that is on the surface of the water to fashion a wick for lighting the Shabbat lamp. The Gemara asks: What is this green moss? If you say that it is the moss found on standing water, isn’t that moss brittle and therefore unfit material from which to fashion a wick? Rather, Rav Pappa said: It is referring to the moss that accumulates on ships, which is more pliable and when dried can be fashioned into a wick. It was taught in a baraita: The Sages added to the list of prohibited wicks in the mishna those made of wool and hair as well. The Gemara remarks: And our tanna did not consider it necessary to enumerate these because it is virtually impossible to fashion wicks from these materials, as, when they burn, wool shrinks and hair is scorched. Consequently, they are unsuitable for use as wicks. And we learned in the mishna that one may not use zefet or shaava as fuel in lighting the Shabbat lamp. The Gemara explains that zefet is pitch, and shaava is wax. It was taught in a baraita: Until this point, the word zefet, the mishna is dealing with disqualification of materials unfit for use as wicks, and from this point on it is dealing with disqualification of substances unfit for use as oils. The Gemara asks: Obviously, a wick cannot be made from pitch and similar materials. The Gemara answers: It was necessary for the mishna to mention wax, lest you say that it is also unfit for use as a coating for wicks, in the manner that wicks are usually made. Therefore, it teaches us that even though wax is unfit for use as oil, it is fit for use as coating for wicks. Rami bar Avin said: Tar [itran] is the by-product of pitch. When wood is burned to extract pitch, a clearer liquid oozes out after the pitch, and that is tar. Similarly, wax is the by-product of honey. The Gemara asks: What is the practical difference that emerges from that which Rami bar Avin taught? The Gemara explains: Its significance is with regard to buying and selling. One who buys tar can insist upon receiving the by-product of pitch and no other material. The same is true with regard to wax and honey. The Sages taught in the Tosefta: With regard to all of those materials about which they said that one may not light the lamp with them on Shabbat; however, one may use them ab initio to make a bonfire. One may do so both to warm himself opposite it and to utilize its light, and he may ignite it both on the ground and on a stove. They prohibited using them only to make a wick for an oil lamp. And we learned in the mishna that one may not light the Shabbat lamp with kik oil. The Gemara asks: What is kik oil? Shmuel said: I asked all the seafarers, and they said to me that there is a bird in the cities on the sea coast, and kik is its name. Kik oil is produced from that bird. Rav Yitzḥak, son of Rav Yehuda, said: This is referring to cotton oil. Reish Lakish said: It is the oil made from the seed of a plant like the castor plant [kikayon] of Jonah. Rabba bar bar Ḥana said: I have seen the species of the castor plant of Jonah, and it is similar to the ricinus tree and it grows in swamps, and they place it at the entrance of shops for shade, and they produce oil from its seeds, and all the sick people of the West, Eretz Yisrael, rest beneath its branches. Rabba said: Those wicks about which the Sages said one may not light with them on Shabbat, the reason is: Because the fire flickers on them. It sputters on the wick and does not burn well. Those oils with which the Sages said that one may not light on Shabbat, the reason is: Because they are not drawn effectively by the wick. Abaye raised a dilemma before Rabba: Those oils with which the Sages said one may not light on Shabbat, what is the ruling? May one, ab initio, add to them any amount of oil with which it is permissible to light and light with that mixture? The sides of the dilemma are: Do we issue a decree lest one come to light these oils in their natural form, without mixing them with permissible oils? Or no, that possibility is not a source of concern? Rabba said to him: One may not light that mixture. What is the reason for this? The reason is because the halakha is that one may not light (Arukh). Abaye raised an objection to Rabba’s opinion from that which was taught in the Tosefta: One who wrapped a material with which one may light around a material with which one may not light, may not light with the bound wick. Rabban Shimon ben Gamliel said: In the ancestral house of my father, they would wrap a wick with which one is permitted to light around a nut, and that was how they would light. In any case, it is teaching that, according to Rabban Shimon ben Gamliel, one may light. Apparently, one is permitted to light with a combination of permitted and prohibited wicks. Rabba said to him: Before you raise an objection to my opinion from the statement of Rabban Shimon ben Gamliel, support it from the statement of the first tanna, who said that it is prohibited to light in that case. The Gemara answers: This is not difficult, as it is preferable to challenge from the statement of Rabban Gamliel with regard to the custom in his father’s house. There is a principle that proof cited from an action is great, i.e., a practical precedent is more substantial than a theoretical halakha. Nevertheless, the difficulty from the statement of Rabban Shimon ben Gamliel remains: Is he not speaking of a case where he combined the wick and the nut to light them together? If so, one is permitted to combine the prohibited and the permitted. The Gemara answers: No, it is speaking in a case where he combined them to float the wick on the oil with the help of the nut. The Gemara asks: If it is speaking only with regard to a case of floating the wick, what is the reason that the first tanna prohibits doing so? The Gemara answers: The entire baraita is the opinion of Rabban Shimon ben Gamliel, and it is incomplete, and it teaches the following: One who wrapped a material with which one may light around a material with which one may not light, may not light with it. In what case is this statement said? When he combines the materials to light them together. However, if he utilizes that with which one may not light merely in order to float the wick, it is permitted, as we learned that Rabban Shimon ben Gamliel says: In the ancestral house of my father, they would wrap a wick with which one is permitted to light around a nut. That was how they would light. In any case, to this point the conclusion is that one may not light with a mixture of permitted and prohibited oils. The Gemara asks: Is that so? Didn’t Rav Beruna say that Rav said: With regard to molten fat or fish innards that dissolved and became like oil, a person may place any amount of oil fit for lighting into it and light. Apparently, one may light with a mixture of permitted and prohibited oils. Rabba answers: These, the fat and the fish innards, are drawn by the wick even in their natural state, and those, the prohibited oils, are not drawn in their natural state. Originally, the Sages issued a decree to prohibit molten fat due to unmolten fat and to prohibit dissolved fish innards due to undissolved fish innards; however, the Sages did not issue a decree in a case where one added to them any amount of oil suitable for lighting, and permitted lighting with it. The Gemara asks: Let them also issue a decree to prohibit molten fat and dissolved fish innards to which he added oil due to molten fat and dissolved fish innards to which he did not add permitted oil. The Gemara rejects this: That prohibition with regard to molten fat and dissolved fish innards itself is based on a decree. And will we arise and issue one decree to prevent violation of another decree? The Sages do not issue decrees under those circumstances. Therefore, there is no reason to prohibit their use. Rami bar Ḥama taught a baraita: Those wicks and oils, which the Sages said one may not light with them on Shabbat, one may not light with them in the Temple either because it is stated with regard to the Temple candelabrum: “And you shall command the children of Israel, that they bring unto you pure olive oil beaten for the light, to cause a lamp to burn continually” (Exodus 27:20). Rami bar Ḥama taught that baraita and he also said its explanation: What is the proof from the verse? One may interpret the verse homiletically: The requirement is to light the candelabrum so that the flame ascends of itself when it is kindled, and not that it ascends by means of something else, i.e., adjusting the wick after it was lit. We learned in a mishna: They would unravel the threads of the tattered trousers of the priests and their belts in order to make wicks from them, and from those same wicks they would light at the Celebration of Drawing Water. There was wool in the belts of the priests. It is said that their belts were made from, among other things, tekhelet, which in the Bible refers to dyed wool. Apparently, one may light with a mixture that includes a wick unsuitable for lighting. The Gemara answers: The Celebration of Drawing Water is different, as in that celebration, they did not light the Temple candelabrum. They lit special lanterns made specifically for that purpose and were not stringent with regard to the wicks placed in them. Come and hear a related question from that which Rabba bar Mattana taught: Priestly garments that were tattered, they would unravel them into threads from which they would make wicks for the Temple. Is this not also referring to garments made of diverse kinds, like the sashes of the priests that were made of a mixture of wool and linen? The Gemara answers: No, these wicks were made from linen garments alone. Rav Huna said: Those wicks and oils with which the Sages said that one may not light the lamp on Shabbat, one may not light the lamp with them on Hanukkah either; both when it falls on Shabbat and when it falls during the week. Rava said: What is the reason for Rav Huna’s statement? He holds that if the Hanukkah light becomes extinguished, even though one lit it properly, one is bound to attend to it and relight it so that it will burn properly. Therefore, one must ensure that the wick burns properly from the outset. And utilizing the light of the Hanukkah lamp is permitted during the week. Consequently, in order to prevent him from inadvertently sinning on Shabbat, he must ensure from the outset that the wick burns well, lest he come to adjust the flame on Shabbat. Those wicks and oils do not burn well at all. And Rav Ḥisda said: Those same oils and wicks with which the Sages prohibited to light on Shabbat, one may light with them on Hanukkah during the week, but not on Shabbat. He holds that if the Hanukkah light is extinguished one is not bound to attend to it. Therefore, there is no reason to make certain from the outset to light it with materials that burn well, as even if it is extinguished, he is not required to relight it. However, he also holds that it is permitted to use its light. As a result, he must ensure that the wick burns well on Shabbat; if not, he is liable to come to adjust the flame in order to use its light. The third opinion is that which Rabbi Zeira said that Rav Mattana said, and others say that Rabbi Zeira said that Rav said: The wicks and oils with which the Sages said one may not light on Shabbat, one may, nevertheless, light with them on Hanukkah, both during the week and on Shabbat. Rabbi Yirmeya said: What is Rav’s reason? He holds that if it is extinguished, one is not bound to attend to it and relight it, and it is prohibited to use its light. Therefore, even on Shabbat, there is no concern lest he come to adjust the wick, as it is prohibited to utilize its light. The Gemara relates that the Sages said this halakha before Abaye in the name of Rabbi Yirmeya and he did not accept it, as he did not hold Rabbi Yirmeya in high regard. However, subsequently, when Ravin came from Eretz Yisrael to Babylonia, the Sages said this halakha before Abaye in the name of Rabbi Yoḥanan, and he accepted it. Then Abaye said regretfully: Had I merited, I would have learned this halakha from the outset. The Gemara wonders: Didn’t he ultimately learn it and accept it? What difference does it make from whom and at what point he learned it? The Gemara answers: The practical difference is with regard to knowledge acquired in one’s youth, which is better remembered. With regard to the opinion that one need not rekindle the Hanukkah light if it is extinguished, the Gemara asks: And is it true that if the Hanukkah light is extinguished one is not bound to attend to it? The Gemara raises a contradiction from that which was taught in a baraita: The mitzva of kindling the Hanukkah lights is from sunset until traffic in the marketplace ceases. Does that not mean that if the light is extinguished, he must rekindle it so that it will remain lit for the duration of that period? The Gemara answers: No, the baraita can be understood otherwise: That if one did not yet light at sunset, he may still light the Hanukkah lights until traffic ceases. Alternatively, one could say that this is referring to the matter of its measure. One must prepare a wick and oil sufficient to burn for the period lasting from sunset until traffic ceases. If he did so, even if the light is extinguished beforehand, he need not relight it. The expression until traffic in the marketplace ceases is mentioned here, and the Gemara asks: Until when exactly is this time? Rabba bar bar Ḥana said that Rabbi Yoḥanan said: Until the traffic of the people of Tadmor [tarmodaei] ceases. They sold kindling wood and remained in the marketplace later than everyone else. People who discovered at sunset that they had exhausted their wood supply could purchase wood from them. The Sages taught in a baraita: The basic mitzva of Hanukkah is each day to have a light kindled by a person, the head of the household, for himself and his household. And the mehadrin, i.e., those who are meticulous in the performance of mitzvot, kindle a light for each and every one in the household. And the mehadrin min hamehadrin, who are even more meticulous, adjust the number of lights daily. Beit Shammai and Beit Hillel disagree as to the nature of that adjustment. Beit Shammai say: On the first day one kindles eight lights and, from there on, gradually decreases the number of lights until, on the last day of Hanukkah, he kindles one light. And Beit Hillel say: On the first day one kindles one light, and from there on, gradually increases the number of lights until, on the last day, he kindles eight lights. Ulla said: There were two amoraim in the West, Eretz Yisrael, who disagreed with regard to this dispute, Rabbi Yosei bar Avin and Rabbi Yosei bar Zevida. One said that the reason for Beit Shammai’s opinion is that the number of lights corresponds to the incoming days, i.e., the future. On the first day, eight days remain in Hanukkah, one kindles eight lights, and on the second day seven days remain, one kindles seven, etc. The reason for Beit Hillel’s opinion is that the number of lights corresponds to the outgoing days. Each day, the number of lights corresponds to the number of the days of Hanukkah that were already observed. And one said that the reason for Beit Shammai’s opinion is that the number of lights corresponds to the bulls of the festival of Sukkot: Thirteen were sacrificed on the first day and each succeeding day one fewer was sacrificed (Numbers 29:12–31). The reason for Beit Hillel’s opinion is that the number of lights is based on the principle: One elevates to a higher level in matters of sanctity and one does not downgrade. Therefore, if the objective is to have the number of lights correspond to the number of days, there is no alternative to increasing their number with the passing of each day. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: There were two Elders in Sidon, and one of them acted in accordance with the opinion of Beit Shammai, and one of them acted in accordance with the opinion of Beit Hillel. Each provided a reason for his actions: One gave a reason for his actions: The number of lights corresponds to the bulls of the Festival. And one gave a reason for his actions: The number of lights is based on the principle: One elevates to a higher level in matters of sanctity and one does not downgrade. The Sages taught in a baraita: It is a mitzva to place the Hanukkah lamp at the entrance to one’s house on the outside, so that all can see it. If he lived upstairs, he places it at the window adjacent to the public domain. And in a time of danger, when the gentiles issued decrees to prohibit kindling lights, he places it on the table and that is sufficient to fulfill his obligation. Rava said: One must kindle another light in addition to the Hanukkah lights in order to use its light, as it is prohibited to use the light of the Hanukkah lights. And if there is a bonfire, he need not light an additional light, as he can use the light of the bonfire. However, if he is an important person, who is unaccustomed to using the light of a bonfire, even though there is a bonfire, he must kindle another light. The Gemara asks: What is Hanukkah, and why are lights kindled on Hanukkah? The Gemara answers: The Sages taught in Megillat Taanit: On the twenty-fifth of Kislev, the days of Hanukkah are eight. One may not eulogize on them and one may not fast on them. What is the reason? When the Greeks entered the Sanctuary they defiled all the oils that were in the Sanctuary by touching them. And when the Hasmonean monarchy overcame them and emerged victorious over them, they searched and found only one cruse of oil that was placed with the seal of the High Priest, undisturbed by the Greeks. And there was sufficient oil there to light the candelabrum for only one day. A miracle occurred and they lit the candelabrum from it eight days. The next year the Sages instituted those days and made them holidays with recitation of hallel and special thanksgiving in prayer and blessings. We learned there in a mishna with regard to damages: In the case of a spark that emerges from under a hammer, and went out of the artisan’s workshop, and caused damage, the one who struck the hammer is liable. Similarly, in the case of a camel that is laden with flax and it passed through the public domain, and its flax entered into a store, and caught fire from the storekeeper’s lamp, and set fire to the building, the camel owner is liable. Since his flax entered into another’s domain, which he had no permission to enter, all the damages were caused due to his negligence. However, if the storekeeper placed his lamp outside the store and it set fire to the flax, the storekeeper is liable, as he placed the lamp outside his domain where he had no right to place it. Rabbi Yehuda says: If the flax was set on fire by the storekeeper’s Hanukkah lamp that he placed outside the entrance to his store, he is not liable, as in that case, it is permitted for the storekeeper to place his lamp outside. Ravina said in the name of Rabba: That is to say that it is a mitzva to place the Hanukkah lamp within ten handbreadths of the ground. As if it should enter your mind to say that he may place it above ten handbreadths, why is the storekeeper exempt? Let the camel owner say to the storekeeper: You should have placed the lamp above the height of a camel and its rider, and then no damage would have been caused. By failing to do so, the storekeeper caused the damage, and the camel owner should not be liable. The Gemara rejects this: And perhaps one is also permitted to place the Hanukkah lamp above ten handbreadths, and the reason Rabbi Yehuda exempted the storekeeper was due to concern for the observance of the mitzva of kindling Hanukkah lights. He held that if you burden one excessively, he will come to refrain from performing the mitzva of kindling Hanukkah lights. Since the storekeeper placed the Hanukkah lamp outside at the behest of the Sages, the storekeeper should not be required to take extra precautions. With regard to the essence of the matter Rav Kahana said that Rav Natan bar Manyumi taught in the name of Rabbi Tanḥum: A Hanukkah lamp that one placed above twenty cubits is invalid, just as a sukka whose roofing is more than twenty cubits high, and just as an alleyway whose beam, its symbolic fourth partition in order to place an eiruv, is more than twenty cubits high, are invalid. The reason is the same in all three cases: People do not usually raise their heads and see objects at a height above twenty cubits. As there is a requirement to see all of these, they are deemed invalid when placed above that height. And the Gemara cites another statement that Rav Kahana said that Rav Natan bar Manyumi taught in the name of Rav Tanḥum: What is the meaning of the verse that is written with regard to Joseph: “And they took him, and cast him into the pit; and the pit was empty, there was no water in it” (Genesis 37:24)? By inference from that which is stated: And the pit was empty, don’t I know that there was no water in it? Rather, why does the verse say: There was no water in it? The verse comes to emphasize and teach that there was no water in it, but there were snakes and scorpions in it. Rabba said: It is a mitzva to place the Hanukkah lamp within the handbreadth adjacent to the entrance. The Gemara asks: And where, on which side, does he place it? There is a difference of opinion: Rav Aḥa, son of Rava, said: On the right side of the entrance. Rav Shmuel from Difti said: On the left. And the halakha is to place it on the left so that the Hanukkah lamp will be on the left and the mezuza on the right. One who enters the house will be surrounded by mitzvot (ge’onim). Rav Yehuda said that Rav Asi said that Rav said: It is prohibited to count money opposite a Hanukkah light. Rav Yehuda relates: When I said this halakha before Shmuel, he said to me: Does the Hanukkah light have sanctity that would prohibit one from using its light? Rav Yosef strongly objected to this question: What kind of question is that; does the blood of a slaughtered undomesticated animal or fowl have sanctity? As it was taught in a baraita that the Sages interpreted the verse: “He shall spill its blood and cover it with dust” (Leviticus 17:13): With that which he spilled, he shall cover. Just as a person spills the blood of a slaughtered animal with his hand, so too, he is obligated to cover the blood with this hand and not cover it with his foot. The reason is so that mitzvot will not be contemptible to him. Here too, one should treat the Hanukkah lights as if they were sacred and refrain from utilizing them for other purposes, so that mitzvot will not be contemptible to him. The Gemara relates that they raised a dilemma before Rabbi Yehoshua ben Levi: What is the halakha with regard to using decorations of a sukka all seven days of the festival of Sukkot? He said to them: They already said in a similar vein that it is prohibited to count money opposite the Hanukkah light, which proves that one may not use the object of a mitzva for another purpose. Rav Yosef replied in surprise: Master of Abraham! He makes that which was taught dependent upon that which was not taught. As, with regard to sukka, the prohibition to enjoy use of its decorations was taught in a baraita, and the prohibition to enjoy use of the Hanukkah lights was not taught in a baraita at all. As it was taught in a Tosefta in tractate Sukka: With regard to one who roofed the sukka in accordance with its halakhic requirements, and decorated it with colorful curtains and sheets, and hung in it ornamental nuts, peaches, almonds, and pomegranates, and grape branches [parkilei], and wreaths of stalks of grain, wines, oils, and vessels full of flour, it is prohibited to use them until the conclusion of the last day of the Festival. And, if before he hung the decorations he stipulated with regard to them that he will be permitted to use them even during the Festival, everything is according to his stipulation, and he is permitted to use them. In any case, since the prohibition to benefit from the Hanukkah light is not explicitly taught, a proof should not be cited from there to resolve the dilemma with regard to sukka decorations. Rather, Rav Yosef said: There is no need to bring a proof for the halakhot of sukka from the Hanukkah light. Rather, the paradigm of them all is blood. The verse with regard to the covering of the blood of slaughter is the original source from which the prohibition to treat mitzvot with contempt is derived. It was stated in a dispute between amoraim that Rav said: One may not light from one Hanukkah lamp to another lamp. And Shmuel said: One may light in that manner. The Gemara cites additional disputes between Rav and Shmuel. Rav said: One may not untie ritual fringes from one garment in order to affix them to another garment. And Shmuel said: One may untie them from one garment and affix them to another garment. And Rav said: The halakha is not in accordance with the opinion of Rabbi Shimon in the case of dragging, as Rabbi Shimon permitted dragging objects on Shabbat, even if, as a result, a furrow would be dug in the ground, as it was not the person’s intent to dig that hole. Shmuel said that the halakha is in accordance with the opinion of Rabbi Shimon in the case of dragging. Abaye said: In all halakhic matters of the Master, Rabba, he conducted himself in accordance with the opinion of Rav, except these three where he conducted himself in accordance with the opinion of Shmuel. He ruled: One may light from one Hanukkah lamp to another lamp, and one may untie ritual fringes from garment to garment, and the halakha is in accordance with the opinion of Rabbi Shimon in the case of dragging. As it was taught in a baraita, Rabbi Shimon says: A person may drag a bed, chair, and bench on the ground, as long as he does not intend to make a furrow in the ground. Even if a furrow is formed inadvertently, one need not be concerned. One of the Sages sat before Rav Adda bar Ahava, and he sat and said: The reason for the opinion of Rav, who prohibited lighting from one Hanukkah lamp to another, is due to contempt for the mitzva. Using the light for a purpose other than illumination demeans the mitzva of Hanukkah lights. Rav Adda bar Ahava said to his students: Do not listen to him, as the reason for Rav’s opinion is due to the fact that he thereby weakens the mitzva. By lighting from lamp to lamp he slightly diminishes the oil and wick designated for the purpose of the mitzva. The Gemara asks: What is the practical difference between them? The Gemara answers: The practical difference between them is in a case where he lights directly from lamp to lamp, without using a wood chip or another lamp to light the second lamp. According to the one who said that Rav’s reason is due to contempt for the mitzva, directly from lamp to lamp he may even light ab initio, as, by lighting another Hanukkah lamp, he does not thereby demean the sanctity of the mitzva because the second lamp is also a mitzva. According to the one who said that Rav’s reason is because he weakens the mitzva, lighting directly from lamp to lamp is also prohibited, as ultimately, he utilizes the mitzva lamp for a task that he could have accomplished with a non-sacred lamp. Rav Avya raised an objection from that which was taught in a Tosefta: A sela of the second tithe, one may not weigh gold dinars with it in order to determine their precise weight. And doing so is prohibited even if he is weighing the coin in order to redeem other second-tithe produce with it, as one may not derive benefit from tithe money. The Gemara discusses this matter: Granted, if you say that when Rav and Shmuel disagree it is with regard to a case when one lights from lamp to lamp, but with a wood chip, Shmuel prohibits lighting, this will not be a conclusive refutation of Shmuel’s opinion. But if you say that he permits lighting from lamp to lamp with a wood chip as well, this would be a conclusive refutation of his opinion, as the Sages did not permit use of and benefit from a sacred object even for the purpose of a similar sacred need. Rabba said: This is not difficult, as in the case of weighing tithe money the Sages prohibited doing so as a decree lest the weights not be precisely equal. One will discover that the weight of the gold dinars is not equal to the weight of the sela that he used to weigh them, and he will reconsider and render them unsanctified, i.e., they will maintain their original, non-sacred status. In that case, he will have used the tithe money for an unsanctified purpose. However, when one lights even a wood chip for the purpose of Hanukkah lights, it is clear that it is for the purpose of performing a mitzva, and there is no reason to issue a decree. Rav Sheshet raised an objection from that which was taught in a baraita. With regard to the Temple candelabrum, it is stated: “Outside the veil of the testimony, in the Tent of Meeting, shall Aaron order it from evening to morning before the Lord continually; it shall be a statute forever throughout your generations” (Leviticus 24:3). It must be understood: And does God require its light for illumination at night? Didn’t the children of Israel, all forty years that they walked in the wilderness, walk exclusively by His light, the pillar of fire? Rather, the lighting of the candelabrum is testimony to mankind that the Divine Presence rests among Israel. The Gemara asks: What is this testimony? Rav said: That is the westernmost lamp in the candelabrum in which the measure of oil placed was the same measure of oil as was placed in the other lamps, and nevertheless he would light the others from it each day and with it he would conclude, i.e., the westernmost lamp would continue burning throughout the day after all the others were extinguished. The rest of the lamps burned only at night, and each night he would relight the rest of the lamps from the westernmost lamp. But isn’t it true that here, in the Temple, since the lamps were fixed in the candelabrum, it was impossible to light directly from lamp to lamp? There was no alternative to taking a wood chip and lighting the rest of the lamps from the westernmost lamp. Consequently, it is difficult both according to the one who said that one may not light from lamp to lamp due to contempt for the mitzva and according to the one who said that one may not light from lamp to lamp due to weakening the mitzva. Rav Pappa explained that it need not necessarily be understood that way. Rather, there were long wicks in the candelabrum, which made it possible to reach and light directly from one lamp to another. However, ultimately, according to the one who said that one may not light from lamp to lamp due to weakening the mitzva, it is difficult. The Gemara concludes: Indeed, the question remains difficult. In summary, the Gemara asks: What is the halakhic conclusion reached about this matter in terms of lighting from lamp to lamp? Rav Huna, son of Rabbi Yehoshua, said: We see; if the halakha is in accordance with the opinion of the one who said that kindling the Hanukkah light accomplishes the mitzva and the rest is secondary, one may light from lamp to lamp. The lighting itself is the essence of the mitzva of Hanukkah lights. And if the halakha is in accordance with the opinion of the one who said that placing the lit lamp in a suitable place accomplishes the mitzva, then one may not light from lamp to lamp. According to that opinion, lighting is simply an auxiliary action that facilitates the fulfillment of the essence of the mitzva, which is placing the lamp in a place where its light can be seen by the public. Since lighting is merely a preparatory action, one may not demean the mitzva by lighting from lamp to lamp. After the issue of whether lighting accomplishes the mitzva or placing accomplishes the mitzva was raised in the context of the previous discussion, the Gemara cites the discussion in its entirety. As a dilemma was raised before the Sages: In the case of the Hanukkah light, does lighting accomplish the mitzva, and placing the lit lamp is simply a continuation of that action, or does placing the kindled lamp accomplish the mitzva, and lighting is simply a practical necessity that facilitates placing the lamp? The Gemara suggests: Come and hear a solution to this dilemma from that which Rava said: One who was holding a burning Hanukkah lamp in his hand and standing, he did nothing in terms of fulfilling the mitzva. Conclude from this that placing accomplishes the mitzva. Until he sets the lamp down in its appropriate place, he did not fulfill the mitzva. The Gemara rejects this: There, they said that he did not fulfill his obligation for a different reason. One who sees it will say that he is not holding the lamp in order to fulfill the mitzva, but he is holding it for his own needs. Since holding the lamp can mislead onlookers, he does not fulfill the mitzva in that manner. Come and hear another resolution for this dilemma from that which Rava said: One who lights the Hanukkah lamp inside the house and then takes it out and places it at the entrance to his house did nothing in terms of fulfilling the mitzva. Granted, if you say that lighting accomplishes the mitzva it is understandable, as lighting in its place is required. That is why Rava ruled that he did nothing in terms of fulfilling the mitzva. However, if you say that placing accomplishes the mitzva, why did Rava rule that he did nothing? Didn’t he set it down in its appropriate place? The Gemara answers: There too, even though he subsequently brought it outside, one who sees him lighting inside will say to himself that he is lighting the lamp for his own needs and not in fulfillment of the mitzva. Come and hear another resolution from that which Rabbi Yehoshua ben Levi said: A lantern that continued to burn the entire day of Shabbat, at the conclusion of Shabbat one extinguishes it and lights it again as a Hanukkah light. Granted, if you say that lighting accomplishes the mitzva, the requirement to extinguish the lantern and relight it in order to fulfill the mitzva of kindling the Hanukkah light works out well. However, if you say that placing accomplishes the mitzva, this statement, which stated that one extinguishes it and lights it, is imprecise. According to this opinion, it needed to say: One extinguishes it and lifts it from its place and sets it down and lights it, as only by placing the lamp in an appropriate place could one fulfill the mitzva of the Hanukkah light. Furthermore, there is additional proof that lighting accomplishes the mitzva. From the fact that we recite the following blessing over the mitzva of kindling the Hanukkah light: Who has made us holy through His commandments and has commanded us to light the Hanukkah light, the Gemara suggests: Conclude from this that lighting accomplishes the mitzva, as it is over lighting that one recites the blessing. The Gemara concludes: Indeed, conclude from this. And, the Gemara remarks, now that we say that lighting accomplishes the mitzva, there are practical ramifications. If a deaf-mute, an imbecile, or a minor, all of whom are of limited intellectual capacity and not obligated in mitzvot, kindled the Hanukkah light, he did nothing in terms of fulfilling the mitzva, even if an adult obligated in mitzvot subsequently set it down in its appropriate place. That is because placing a lit lamp does not constitute fulfillment of the mitzva. The lighting must be performed by a person with full intellectual capacity, obligated in mitzvot. However, a woman certainly may light, as Rabbi Yehoshua ben Levi said: Women are obligated in lighting the Hanukkah light, as they too were included in that miracle of being saved from the decree of persecution. Rav Sheshet said: A guest is obligated in lighting the Hanukkah light in the place where he is being hosted. The Gemara relates that Rabbi Zeira said: At first, when I was studying in the yeshiva, I would participate with perutot, copper coins, together with the host [ushpiza], so that I would be a partner in the light that he kindled. After I married my wife, I said: Now I certainly need not do so because they light on my behalf in my house. Rabbi Yehoshua ben Levi said: All the oils are suitable for the Hanukkah lamp, and olive oil is the most select of the oils. Abaye said: At first, my Master, Rabba, would seek sesame oil, as he said: The light of sesame oil lasts longer and does not burn as quickly as olive oil. Once he heard that statement of Rabbi Yehoshua ben Levi, he sought olive oil because he said: Its light is clearer. On a similar note, Rabbi Yehoshua ben Levi said: All the oils are suitable for making ink, and olive oil is the most select. A dilemma was raised before the Sages: What was Rabbi Yehoshua ben Levi’s intention: Did he mean that olive oil is the most select in terms of being the best for use to mix and knead with the soot produced from a fire in manufacturing ink; or did he mean for use to smoke, i.e., burning olive oil to produce smoke is the most select method of producing the soot used in manufacturing ink? Come and hear a resolution to this from that which Rav Shmuel bar Zutrei taught: All oils are suitable for ink, and olive oil is the most select, both to knead and to smoke. Rav Shmuel bar Zutra taught it this way: All types of smoke are good for ink, and olive oil is the most select. Similarly, Rav Huna said: All saps are good for strengthening the ink compound, and balsam sap is the best of all. Rav Ḥiyya bar Ashi said that Rav said: One who lights a Hanukkah light must recite a blessing. And Rabbi Yirmeya said: One who sees a burning Hanukkah light must recite a blessing because the mitzva is not only to kindle the light but to see the light as well. Therefore, there is room to recite a blessing even when seeing them. Rav Yehuda said: On the first day of Hanukkah, the one who sees burning lights recites two blessings, and the one who lights recites three blessings. From there on, from the second day of Hanukkah, the one who lights recites two blessings, and the one who sees recites one blessing. The Gemara asks: What blessing does he omit on the other days? The Gemara answers: He omits the blessing of time: Who has given us life, sustained us, and brought us to this time. The Gemara asks: And let us omit the blessing of the miracle: Who has performed miracles. The Gemara answers: The miracle is relevant on all of the days, whereas the blessing: Who has given us life, is only pertinent to the first time he performs the mitzva each year. And what blessing does one recite? He recites: Who has made us holy through His commandments and has commanded us to light the Hanukkah light. The Gemara asks: And where did He command us? The mitzva of Hanukkah is not mentioned in the Torah, so how is it possible to say that it was commanded to us by God? The Gemara answers that Rav Avya said: The obligation to recite this blessing is derived from the verse: “You shall not turn aside from the sentence which they shall declare unto you, to the right, nor to the left” (Deuteronomy 17:11). From this verse, the mitzva incumbent upon all of Israel to heed the statements and decrees of the Sages is derived. Therefore, one who fulfills their directives fulfills a divine commandment. Rav Neḥemya said that the mitzva to heed the voice of the Elders of Israel is derived from the verse: “Ask your father, and he will declare unto you, your Elders, and they will tell you” (Deuteronomy 32:7). Rav Amram raised an objection from that which we learned in a mishna: With regard to doubtfully tithed produce [demai], i.e., grain that was acquired from an am haaretz about which there is uncertainty whether or not he tithed it; one may use it to establish an eiruv, i.e., joining of courtyards and joining of borders, and to establish the merging of alleys, and one recites a blessing before and after eating it, and one invites a quorum for recitation of Grace after Meals after eating it. Although the Sages said that one is required to separate tithes from demai, they allowed it to be used for specific purposes and in exigent circumstances. And they said that one may separate the tithe from demai when he is naked and at dusk Shabbat eve, a time when separating tithes from actual untithed produce [tevel] is prohibited. And if you say that every action instituted by rabbinic ordinance requires a blessing, as fulfillment of rabbinic ordinances is based on the mitzva: You shall not turn aside, here, when he stands naked, how can he recite a blessing? Don’t we require fulfillment of the mitzva: “Therefore shall your camp be holy; that He see no unseemly thing in you, and turn away from you” (Deuteronomy 23:15)? And the camp is not holy when one recites a blessing in a state of nakedness. Abaye said: There is room to distinguish between the cases: In a case where there is a definite mitzva by rabbinic law, a blessing is required. In a case where there is a rabbinic ordinance instituted due to uncertainty with regard to the circumstances, as in the case of demai, which may or may not have been tithed already, a blessing is not required. The Gemara asks: Isn’t the second day of a Festival in the Diaspora a rabbinic ordinance instituted due to uncertainty whether the first day or the second is the actual Festival, and nevertheless a blessing is required? On the second day of the Festival one recites the same blessings as he does on the first. The Gemara answers: There, in the case of the second day of the Festival, the reason that blessings are required is so that people will not treat it with contempt. If Festival blessings were not required on the second day of the Festival, people would take its sanctity lightly. Rava said another reason: Demai is not considered to be an ordinance instituted by the Sages due to uncertainty. In fact, in most cases, an am haaretz tithes. The concern lest they do not tithe is not a full-fledged case of uncertainty. It is merely a case of suspicion for which the Sages did not institute a blessing. That is not the case with regard to the second day of a Festival. Even though it was instituted due to uncertainty, one must recite the Festival blessings. Since it was instituted by the Sages, one is obligated to recite a blessing just as he recites blessings for other rabbinic ordinances. Rav Huna said: A courtyard that has two entrances requires two lamps, one lamp at each entrance, so that it will be obvious that the residents of this courtyard light properly. And Rava said: We only said this in a case where the two entrances face two different directions. However, if they both face in the same direction one need not light at more than one entrance. The Gemara clarifies Rava’s statement: What is the reason for this? If you say that it is because those who see the entrance without a lamp burning will harbor suspicion lest he does not kindle the Hanukkah light, whose suspicion concerns us? If you say that the concern is with regard to the suspicion of people who do not live in the city and are unfamiliar with the courtyard’s tenants, even when both entrances face the same direction let them be required to light at both entrances because visitors are unaware that there are two entrances to that courtyard. And if the concern is with regard to the suspicion of the residents of that city, even when the two entrances face two different directions let them not be required to light at both entrances. The local residents know that only one person lives in the courtyard and will assume that if he did not light at one entrance he surely lit at the other. The Gemara answers: Actually, say that it is because of the suspicion of the residents of that city, and sometimes they pass this entrance and do not pass that one, and they say: Just as he did not light in this entrance, in that second entrance he also did not light. In order to avoid suspicion, it is preferable to light at both entrances. And from where do you say that we are concerned about suspicion? As it was taught in a Tosefta that Rabbi Shimon said: On account of four things the Torah said that one should leave pea, crops for the poor in the corner of his field, specifically at the end of his field. Only after one has cut virtually the entire field should he leave an uncut corner for the poor. He should not designate an area for pea in the middle of the field in the course of cutting the field. The reasons for this ruling are: Due to robbing the poor, and due to causing the poor to be idle, and due to suspicion, and due to the verse: “You shall not wholly reap the corner of your field” (Leviticus 23:22). The Gemara explains: Due to robbing the poor; so that the owner of the house will not see a time when the field is unoccupied and there are no poor people in the area. If he could designate pea as he wished, there is room to suspect that he might say to his poor relative: This is pea, in the place and at the time that he chooses. He would thereby conceal the fact that there is pea in his field from other poor people. The result would be that, for all intents and purposes, he robbed pea from those with whom he did not share the information. And due to causing the poor to be idle; so that the poor, who have no way of knowing when he is going to cut the grain and where in the field he is going to leave the pea, will not be sitting and observing until he designates the pea and constantly saying to themselves: Now the owner of the field is placing pea. Now that he leaves the pea in a defined area at the end of his field, and the poor people know exactly where they can receive their portion, they need not waste their time in anticipation. And due to suspicion; if one leaves the pea in the middle of the field, the poor will come and take their portion immediately when he designates the area of pea. When the owner then continues to cut and harvest the rest of the grain in the field, the pea will not be noticeable. Insisting that he leave pea at the end of the field ensures that passersby will not say: A person who did not leave pea in his field should be cursed. We learned that the fourth reason is due to the verse: You shall not wholly reap. The Gemara wonders: Aren’t all of these reasons due to: You shall not wholly reap? All of the reasons explain that one may not reap his entire field and must leave pea at the end of his field. Rava said: The meaning of the last reason is that pe’a is separated that way due to cheaters. There is concern that a person would not leave pea at all. He would claim that he already separated it in the middle of his field and that the poor already came and took it. In order to bolster the mitzva of pea, the Sages instituted that it must be separated specifically at the end of one’s field. In terms of the discussion in the Gemara, apparently, the desire to avoid arousing suspicion is a factor taken into consideration in determining halakha. Rav Yitzḥak bar Redifa said that Rav Huna said: Lighting an oil lamp that has two spouts, with one wick placed in each of the spouts, is considered to have fulfilled the obligation of kindling the Hanukkah light for two people. Similarly, Rava said: One who filled a bowl with oil and placed wicks all around it, if he overturned a vessel on top of it, it is considered to have fulfilled the obligation of lighting the Hanukkah light for several people, corresponding to the number of wicks. By overturning a vessel atop the bowl, each wick appears to be burning independently. If one did not overturn a vessel on top of it, he thereby made it appear like a type of bonfire. From afar, the light from all of the flames appear to be a single flame. And it is not even considered to have fulfilled the obligation of lighting the Hanukkah light for one person because the mitzva is specifically to light a flame and not a bonfire. Rava said: It is obvious to me that there is a fixed list of priorities. When a person is poor and must choose between purchasing oil to light a Shabbat lamp for his home or purchasing oil to light a Hanukkah lamp, the Shabbat lamp for his home takes precedence. That is due to peace in his home; without the light of that lamp, his family would be sitting and eating their meal in the dark. Similarly, if there is a conflict between acquiring oil to light a lamp for his home and wine for the sanctification [kiddush] of Shabbat day, the lamp for his home takes precedence due to peace in his home. However, Rava raised a dilemma: When the conflict is between oil for a Hanukkah lamp or wine for kiddush of Shabbat day, what is the ruling in that case? Does kiddush of Shabbat day take priority because it is frequent, i.e., it is performed every week, and there is a principle: When there is a conflict between a frequent practice and an infrequent practice, the frequent practice takes precedence? Or, perhaps the Hanukkah lamp takes precedence due to publicity of the miracle? After he raised the dilemma, he then resolved it on his own and he ruled that, in that case, the Hanukkah lamp takes precedence due to publicity of the miracle. Rav Huna said: One who is accustomed to kindle lights on Shabbat and Hanukkah will be rewarded and have children who are Torah scholars, who will disseminate the light of Torah. One who is meticulous in performing the mitzva of mezuza merits a beautiful house on which to affix his mezuza. One who is meticulous in performing the mitzva of ritual fringes merits a beautiful garment. One who is meticulous in performing the mitzva of kiddush of the day merits and fills jugs of wine. The Gemara relates: Rav Huna was accustomed to pass by and teach at the entrance of the house of Rabbi Avin the carpenter. He saw that Rabbi Avin was accustomed to kindle many lights in honor of Shabbat. Rav Huna said: Two great men will emerge from here. Indeed, Rav Idi bar Avin and Rav Ḥiyya bar Avin, his two oldest sons, emerged from their family. On a similar note, the Gemara relates: Rav Ḥisda was accustomed to pass by and teach at the entrance of Rav Sheizvi’s father’s family home. He saw that Rav Sheizvi’s father was accustomed to kindle many lights in honor of Shabbat. Rav Ḥisda said: A great person will emerge from here. Indeed, Rav Sheizvi emerged from them. The Gemara relates that Rav Yosef’s wife would kindle the Shabbat lights late. Rav Yosef said to her: Wasn’t it taught in a baraita with regard to the verse: “The pillar of cloud by day, and the pillar of fire by night, departed not from before the people” (Exodus 13:22), this teaches that the pillar of cloud would overlap with the pillar of fire? The pillar of fire would appear slightly before nightfall. And the pillar of fire would overlap with the pillar of cloud, as well. The pillar of cloud would appear slightly before daybreak. Therefore, in lighting the Shabbat lights it is also appropriate to light earlier, beginning Shabbat slightly before dark on Shabbat eve. She thought to kindle the lights much earlier, on Shabbat eve, long before nightfall. An Elder said to her, we learned: As long as he neither lights too early nor too late. Similar to the reward due one who kindles the Shabbat lights, Rava said: One who loves Sages will have children who are Sages. One who honors Sages will have sons-in-law who are Sages. One who stands in awe of the Sages will himself become a Torah scholar. And if he is not capable and lacks the talent to become a Torah scholar, his statements will be received like the statements of a Torah scholar. We learned in the mishna that one may not light with burnt oil on Shabbat. The Gemara asks: What is burnt oil? Rabba said: It is oil of teruma that became ritually impure. And why did they call it burnt oil? Because its burning is imminent, as it is prohibited to eat this oil and one is obligated to burn it. The Gemara asks: And what is the reason that one may not light with it on Shabbat? The Gemara explains: Because it is a mitzva to burn it, the Sages issued a decree lest, in doing so, he come to adjust the wick in order to hasten its burning. Abaye said to him: But if what you say is so, that the reason for the prohibition is a concern lest he adjust it, then, on a Festival, when adjusting a wick is permitted, it should be permitted to light with burnt oil. Why then did we learn in the mishna: One may not light with burnt oil even on a Festival? The Gemara answers: It is a decree issued by the Sages prohibiting burning it even on a Festival, due to the prohibition to burn it on Shabbat. Rav Ḥisda said: The reason for the prohibition against lighting a Shabbat lamp with burnt oil is different, as we are not concerned lest one come to adjust the wick. Rather, here, in our mishna, we are dealing with a Festival that fell on Shabbat eve, in which case he must kindle Shabbat lights on the Festival. One may not light a Shabbat lamp with burnt oil on a Festival because one may not burn consecrated items on a Festival, a prohibition that applies to teruma as well. The Gemara asks: But from the fact that we learned in the latter clause, i.e., the next mishna, that one may not light with burnt oil on a Festival, by inference, in the first clause of the mishna we are not dealing with a Festival but rather with a standard Shabbat. Rabbi Ḥanina from Sura said: This mishna must be understood in the following manner: These are not two distinct halakhot; rather, this mishna was stated employing the didactic style of what is the reason. What is the reason that one may not light with burnt oil on a Festival or on a Festival that falls on Shabbat eve? It is because one may not burn consecrated items on a Festival at all. It was taught in a baraita in accordance with the opinion of Rav Ḥisda. All of these oils with which the Sages said that one may not light on Shabbat, one may light with them on a Festival, with the exception of burnt oil, because one may not burn consecrated items on a Festival. A dilemma was raised before the Sages: What is the ruling with regard to the obligation to mention Hanukkah in Grace after Meals? The dilemma is: Since it is merely an obligation by rabbinic law, do we not mention it? Or, perhaps due to publicity of the miracle, we mention it. Rava said that Rav Seḥora said that Rav Huna said: One does not mention it. And if, nevertheless, he comes to mention it, he mentions it in the blessing of thanksgiving. The Gemara relates that Rav Huna bar Yehuda happened by Rava’s house on Hanukkah. When, after eating, he came to recite Grace after Meals, he thought to mention Hanukkah in the blessing: Who builds Jerusalem. Rav Sheshet said to the yeshiva students: One mentions Hanukkah in Grace after Meals just as he does in the Amida prayer. Just as in the Amida prayer one mentions Hanukkah in the blessing of thanksgiving, so too, in Grace after Meals one mentions Hanukkah in the blessing of thanksgiving. Based on the previous dilemma, an additional dilemma was raised before the Sages: What is the ruling with regard to the obligation to mention the New Moon in Grace after Meals? The dilemma is: If you say that on Hanukkah, since it is only by rabbinic law, one need not mention it in Grace after Meals; perhaps the New Moon, which is by Torah law, one is required to mention it. Or, perhaps since it is not a day on which it is prohibited to perform labor, one need not mention it. The Sages disputed this matter: Rav said: One mentions the New Moon in Grace after Meals. Rabbi Ḥanina said: One does not mention it. Rav Zerika said: Take the halakha of Rav in your hand as authoritative, since Rabbi Oshaya holds in accordance with his opinion. As Rabbi Oshaya taught in a Tosefta: Days on which there is an additional offering sacrificed in the Temple, i.e., the New Moon and the intermediate days of a Festival; in the evening, morning, and afternoon prayers, one recites the eighteen blessings of the Amida prayer and says a passage pertaining to the event of the day during the blessing of Temple service. And if he did not recite it, we require him to return to the beginning of the prayer and repeat it. And on those days, there is no kiddush recited over the cup of wine at the start of the day, but there is mention of the day recited in Grace after Meals, in accordance with Rav’s opinion. Days on which there is no additional offering, i.e., Monday, and Thursday, and fast days, and non-priestly watches [ma’amadot], have a different legal status as detailed below. Before drawing a conclusion, the Gemara seeks to clarify: Monday and Thursday, what is their purpose in this discussion, i.e., why are Monday and Thursday mentioned here if no special prayers are recited on those days? The Gemara explains: Rather, certainly the reference is to Monday and Thursday and Monday that are fast days for rain and of maamadot. On those days, in the evening, morning, and afternoon prayers, one recites eighteen blessings and recites a passage pertaining to the event of the day, i.e., the fast, in the blessing: Who listens to prayer. However, if one did not mention it, we do not require him to return to the beginning of the prayer and repeat it. And, on those days, there is no kiddush recited over a cup of wine, and there is no mention of the day recited in Grace after Meals. An additional dilemma was raised before the Sages: What is the ruling with regard to the obligation to mention Hanukkah in the additional prayer on Shabbat during Hanukkah or on the New Moon of Tevet, which falls during Hanukkah? The sides of the dilemma are: Do we say that since Hanukkah has no additional prayer of its own, and the additional prayer has no connection to Hanukkah, we do not mention it? Or, perhaps it is the essence of the day that is obligated in the mention of Hanukkah, in which case there is no distinction between the various prayers, and it should be mentioned in all four prayers, including the additional prayer on Shabbat and the New Moon. There is a dispute: Rav Huna and Rav Yehuda both said: One does not mention it. Rav Naḥman and Rabbi Yoḥanan both said: One mentions it. Abaye said to Rav Yosef: This opinion of Rav Huna and Rav Yehuda is Rav’s opinion, as Rav Giddel said that Rav said: In the case of the New Moon that occurs on Shabbat, the one who recites the portion from the Prophets [haftara] on Shabbat need not mention the New Moon in the blessing, as, if it were not Shabbat, there would be no reading from the Prophets on the New Moon. The haftara is unrelated to the New Moon, and therefore the New Moon is not mentioned in the blessing. The same should be true with regard to mention of Hanukkah in the additional service on the New Moon, as, if it were not the New Moon, he would not be reciting the additional service on Hanukkah. Therefore, when he recites the additional prayer, he need not mention Hanukkah. The Gemara rejects this comparison. Is this comparable? There, reading from the Prophets is not at all part of the service on the New Moon. Here, there is mention of Hanukkah in the evening, morning, and afternoon prayers. Rather, it is comparable to this: As Rav Aḥadvoi said that Rav Mattana said that Rav said: On a Festival that occurs on Shabbat, one who recites the portion from the Prophets during the afternoon service on Shabbat need not mention the Festival, as, if it were not Shabbat, there would be no reading from the Prophets during the afternoon service on a Festival. If so, even though there is a haftara during the morning service on a Festival, since they do not read from the Prophets in the afternoon, the reading is considered totally unrelated to the Festival and one does not mention the Festival. The same is true with regard to Hanukkah. One does not mention Hanukkah in the additional prayer. The Gemara concludes: And the halakha is not in accordance with any of these halakhot; rather, it is in accordance with that which Rabbi Yehoshua ben Levi said: On Yom Kippur that falls on Shabbat, one who recites the day’s closing prayer [neila] must mention Shabbat even in that prayer, although neila is not recited every Shabbat. The reason for this is that on Yom Kippur, the day itself is obligated in four prayers, i.e., morning, additional, afternoon, and closing. When it occurs on Shabbat, one must mention Shabbat in each of the prayers. Apparently, on a day that has a unique character, that character is manifest in all sacred aspects of the day; those engendered by the day itself as well as those engendered by other factors. The Gemara challenges this: It is difficult, as there is a contradiction between one halakha and another halakha. On the one hand, you said that the halakha is in accordance with the opinion of Rabbi Yehoshua ben Levi. And, on the other hand, we hold that the halakha is in accordance with the opinion of Rava, which contradicts the first halakha, as Rava said: On a Festival that occurs on Shabbat, the prayer leader who descends before the ark to recite the prayer abridged from the seven blessings of the Shabbat evening Amida prayer need not mention the Festival, as, if it were not also Shabbat, the prayer leader would not descend before the ark to recite this prayer during the evening prayer on a Festival. The Gemara reverts to the previous assumption that an element that does not arise from the essential halakhot of the day is considered foreign to it and is not mentioned. This challenge is rejected: How can you compare? There, actually, even on Shabbat, the prayer leader need not repeat the prayer, just as the prayer is not repeated any other evening. It was the Sages who instituted repetition of the prayer due to concern for potential danger. The Sages sought to slightly delay those leaving the synagogue to enable people who came late to leave together with the rest of the worshippers. This was necessary because synagogues were often located beyond the city limits, and it was dangerous to walk alone at night. This repetition of the prayer does not stem from the obligation of the day but was instituted for another purpose. However, here, on Yom Kippur, it is the day that is obligated in four prayers, and therefore on each day that there are added prayers, one must mention the events that occurred on that day in those prayers just as he does in all the standard prayers. And we learned in the mishna that one may not light with the sheep’s tail or with fat. Naḥum the Mede says that one may light using cooked fat. And the Rabbis say that one may not light with it whether or not it is cooked. The Gemara asks: Isn’t the opinion of the Rabbis identical to the unattributed opinion of the first tanna in the mishna? The Gemara answers: The practical difference between them is with regard to what Rav Beruna said that Rav said that one may light with cooked fat to which oil was added. One of the tannaim accepts this opinion as halakha and permits lighting with it, and the other prohibits it, and the opinions are not defined. Although it seems from the formulation of the mishna that they differ on this point, it is unclear what the opinion of each tanna is. MISHNA: In continuation of the previous mishna, this mishna adds that one may not light with burnt oil on a Festival, as the Gemara will explain below. With regard to lighting Shabbat lamps, there were Sages who prohibited the use of specific oils. Rabbi Yishmael says that one may not light with tar [itran] in deference to Shabbat because tar smells bad and disturbs those in the house. And the Rabbis permit lighting with all oils for lamps as long as they burn properly; with sesame oil, with nut oil, with turnip oil, with fish oil, with gourd oil, with tar, and even with naphtha [neft]. Rabbi Tarfon says: One may light only with olive oil in deference to Shabbat, as it is the choicest and most pleasant of the oils. GEMARA: With regard to the statement of the mishna that one may not light with burnt oil on a Festival, the Gemara asks: What is the reason for this? The Gemara answers: Because, in general, one may not burn consecrated items on a Festival. With regard to the fundamental principle that one may not burn consecrated items on a Festival, the Gemara asks: From where are these matters derived? Ḥizkiya said, and one of the Sages from the school of Ḥizkiya taught the same, that which the verse said: “And you shall let nothing of it remain until morning; but that which remains of it until morning you shall burn with fire” (Exodus 12:10), requires explanation. As the Torah did not need to state until morning the second time. It would have been sufficient to state: But that which remains of it you shall burn with fire. Rather, why does the Torah state until morning? The verse comes to provide him with the second morning for burning. Leftover meat of the Paschal lamb is not burned on the following morning, which is a Festival, but rather on the following day, the first of the intermediate days of the Festival. From there it is derived that burning consecrated items on a Festival is prohibited. Abaye said: This is derived from another verse, as the verse said: “This is the burnt-offering of each Shabbat on its Shabbat” (Numbers 28:10). Only the burnt-offering of Shabbat is sacrificed on Shabbat, and not a weekday burnt-offering on Shabbat, and not a weekday burnt-offering on a Festival. Apparently, performing this mitzva is prohibited even on a Festival, since it was not explicitly enumerated among the actions permitted on a Festival. Rava said: This is derived from a different verse, as the verse said with regard to the laws of a Festival: “No manner of work shall be done in them, save that which every man must eat, that alone may be done by you” (Exodus 12:16). From the word that, it is derived that for sustenance, one is permitted to perform prohibited labor on a Festival, but not for facilitators of sustenance. Although cooking is permitted, actions that involve prohibited labors for the purpose of facilitating cooking are prohibited. From the word alone, it is derived: And not circumcision performed not at its appointed time, i.e., a circumcision may be performed on a Festival only if it is on the eighth day. A circumcision that was postponed may not be performed on a Festival. It is possible that license to perform the postponed circumcision on a Festival could have been derived by means of an a fortiori inference. Therefore, the verse explicitly prohibited doing so. The same is true with regard to burning consecrated items. Although the Torah commands burning consecrated items, it was not permitted on a Festival since there is no obligation to do so specifically on that day. Rav Ashi said: It is derived from a different source. In the verses that speak of the Festivals, as opposed to the term Shabbat, the term shabbaton (Leviticus 23:24) appears. The latter term is a positive mitzva to rest. And, if so, observance of a Festival is a mitzva that was commanded with both a positive mitzva to rest and a prohibition: “You shall do no manner of servile work” (Leviticus 23:8). And there is a principle that a positive mitzva, e.g., burning consecrated items whose time has expired, does not override a mitzva that was commanded with both a prohibition and a positive mitzva, e.g., observance of the Festival. By inference, the conclusion is that, specifically on a Festival, lighting with burnt oil is prohibited. During the week one may well do so. The Gemara asks: What is the reason for this distinction? It would be reasonable to say that it is prohibited to derive any benefit from teruma that became ritually impure. Rav said: Just as there is a mitzva to burn consecrated items that became ritually impure, so too, there is a mitzva to burn teruma that became ritually impure, and the Torah said: While it is being destroyed, derive benefit from it. The Gemara asks: Where did the Torah say this? Where is there an allusion to this in the Bible? The Gemara answers: It can be derived from the statement of Rav Naḥman, as Rav Naḥman said that Rabba bar Avuh said: The verse said: “And I, behold, I have given you the charge of My terumot (Numbers 18:8). From the amplification of the plural: My terumot, it is derived that the verse is speaking of two terumot, one teruma that is ritually pure and one teruma that is ritually impure. And God said: “I have given you,” i.e., it shall be yours, and you may derive benefit from it. Since there is a stringent prohibition against eating it, the benefit permitted is to burn it beneath your cooked dish. Similar forms of benefit may also be derived from burning teruma. And if you wish, say instead an alternative manner to derive this halakha, from the statement of Rabbi Abbahu, as Rabbi Abbahu said that Rabbi Yoḥanan said: It is written in the confession of the tithes: I have not eaten thereof in my mourning, neither have I destroyed from it while impure” (Deuteronomy 26:14). By inference: From it you may not destroy, but you may destroy the oil of teruma that has become ritually impure. The Gemara asks: And say differently: From it you may not destroy, but you may destroy and derive benefit from burning consecrated oil that became ritually impure. The Gemara responds: That possibility is unacceptable. Is it not an a fortiori inference? If with regard to the tithe which is lenient, the Torah said: Neither have I destroyed from it, while impure, items consecrated to the Temple, which are more stringent, all the more so that it is prohibited to burn it while ritually impure. The Gemara rejects this: If so, that this matter is derived through an a fortiori inference, then, with regard to teruma as well, let us say that it is an a fortiori inference, as teruma is more stringent than tithes. If it is prohibited to benefit from tithes while they are burning, all the more so would one be prohibited to benefit from the teruma while it is burning. The Gemara answers: Doesn’t it say: From it? From there it is derived that there is an item excluded from the prohibition of burning in ritual impurity. The Gemara asks: And what did you see that led you to conclude that “from it” comes to exclude teruma? Perhaps “from it” comes to exclude consecrated items. The Gemara replies: It is reasonable that I do not exclude consecrated items from the prohibition against benefiting from its burning, as with regard to consecrated items there are many stringent elements. Their Hebrew acronym is peh, nun, kuf, ayin, kaf, samekh, which is a mnemonic for the following terms. Piggul: With regard to an offering, if, during one of the services involved in its sacrifice, i.e., slaughter, receiving the blood, bringing it to the altar, sprinkling it on the altar, the priest or the one bringing the offering entertains the thought of eating the sacrifice at a time that is unfit for eating, it is thereby invalidated. Notar: Meat of a sacrifice that remained beyond its allotted time may not be eaten and must be burned. Korban meila: One who unwittingly derives benefit from consecrated items is required to bring a guilt-offering for misuse of consecrated items. Karet: The punishment of one who eats consecrated items while ritually impure is karet. Asur leonen: An acute mourner, i.e., one whose relative died that same day and has not yet been buried, is prohibited to eat consecrated items. None of these halakhot applies to teruma. Therefore, consecrated items are more stringent than teruma, and therefore it is consecrated items that are not excluded from the prohibition against deriving benefit while ritually impure. The Gemara rejects this: On the contrary, it is teruma that I would not exclude from the prohibition, as, with regard to teruma, there are many stringent elements represented by the acronym mem, ḥet, peh, zayin, which is a mnemonic for the following: Mita: One for whom teruma is prohibited who ate it intentionally is punishable by death at the hand of Heaven. Ḥomesh: A non-priest, for whom teruma is prohibited, who unwittingly ate teruma is obligated to pay its value to the priest plus one-fifth of the sum. And, teruma does not have the possibility of pidyon: redemption, as, once it is sanctified, it may not be redeemed and rendered non-sacred. And it is prohibited to zarim: non-priests may not eat it. These stringencies do not apply to consecrated items. The Gemara answers: Nevertheless, those stringencies that apply to consecrated items are more numerous than those that apply to teruma. Therefore, it is appropriate to be more stringent with consecrated items and exclude impure teruma from the prohibition against deriving benefit when burning it. And if you wish, say instead a different reason, without counting the number of stringencies: Consecrated items are more stringent because one who eats them while ritually impure is punishable by karet, while in the case of teruma the punishment is death at the hand of Heaven. In this regard, the Torah is more stringent vis-à-vis consecrated items than it is vis-à-vis teruma. Rav Naḥman bar Yitzḥak said that there is a different proof that one is permitted to benefit from teruma while it is burning. As the verse said: “The first fruits of your grain, of your wine, and of your oil, and the first of the fleece of your sheep shall you give him” (Deuteronomy 18:4). The Sages derived from this verse: Give the priest teruma that is ritually pure, that is fit for him to consume, and do not give the priest teruma that is suitable only for his fire, to be burned. By inference, ritually impure teruma is suitable for his fire, i.e., a priest may derive benefit from it. We learned in the mishna that Rabbi Yishmael says that kindling a lamp on Shabbat with tar is prohibited. The Gemara asks: What is the reason for this? Rava said: Because its odor is bad the Sages issued a decree prohibiting the use of tar, lest one forsake the light and leave. Abaye said to him: And let him leave. What obligation is there to sit next to the light? Rava said to him: Because I say that kindling Shabbat lights is an obligation, and one is required to eat specifically by that light in deference to Shabbat. As Rav Naḥman bar Rav Zavda said, and others say that it was Rav Naḥman bar Rava who said that Rav said: Kindling the Shabbat lamps is an obligation, whereas washing one’s hands and feet with hot water in the evening prior to Shabbat is merely optional. And I say: Washing is not merely optional; it is a mitzva even though it is not an obligation. The Gemara asks: What mitzva is there? The Gemara explains that Rav Yehuda said that Rav said: This was the custom of Rabbi Yehuda bar Elai: On Shabbat eve, they would bring him a bowl full of hot water and he would use it to wash his face, hands, and feet, and he would wrap himself, and sit in linen cloaks with ritual fringes, and he was like an angel of the Lord of hosts. He did all this in deference to Shabbat. And the Gemara relates that his students, who also sat wrapped in linen cloaks, would conceal the corners of their garments from him so that he would not see that they did not have ritual fringes on their garments. He said to them: My sons, did I not teach you with regard to the obligation to attach ritual fringes to a linen cloak: Beit Shammai exempt the linen sheet because at least part of the ritual fringes is always made from wool, and there is a Torah prohibition against a mixture of wool and linen that applies even to ritual fringes? And Beit Hillel obligate linen sheets in the mitzva of ritual fringes, as they hold that the positive mitzva of ritual fringes overrides the prohibition of mixing wool and linen. The halakha is in accordance with the opinion of Beit Hillel, and therefore the sheets require ritual fringes. And the students held: Although it is permitted by Torah law to attach ritual fringes to a linen garment, the Sages issued a decree that one may not do so due to garments worn at night. The Sages were concerned lest a person wear this cloak at night. Since one is not obligated in the mitzva of ritual fringes at night, he would be wearing the prohibited mixture of wool and linen at a time when he is not fulfilling the mitzva of ritual fringes. Therefore, attaching ritual fringes made of wool to a linen garment is prohibited, even to a garment worn during the day. Since bathing as preparation for enjoyment of Shabbat was discussed, the Gemara cites the homiletic interpretation of the verse describing those heading into exile: “And my soul is removed far off from peace, I forgot prosperity” (Lamentations 3:17). What is: And my soul is removed far off from peace? Rabbi Abbahu said: That is the lack of opportunity to engage in kindling the Shabbat lights, which a refugee is unable to do. I forgot prosperity, Rabbi Yirmeya said: That is the lack of opportunity to bathe in the bathhouse. Rabbi Yoḥanan said: That is the lack of opportunity to engage in washing one’s hands and feet in hot water. Rabbi Yitzḥak Nappaḥa said: Prosperity is a pleasant bed and the pleasant bedclothes that are on it, which are not available in exile. Rabbi Abba said: That is a made bed, and a wife adorned, i.e., worthy of and suitable (Rashba) for Torah scholars. Incidental to the discussion of prosperity, the Gemara mentions that on a similar topic, the Sages taught: Who is wealthy? Anyone who gets pleasure from his wealth, that is the statement of Rabbi Meir. The letters mem (Meir), tet (Tarfon), kuf (Akiva), samekh (Yosei) are a mnemonic for the tannaim who expressed opinions on this matter. Rabbi Tarfon says: A wealthy person is anyone who has one hundred vineyards, and one hundred fields, and one hundred slaves working in them. Rabbi Akiva says: Anyone who has a wife whose actions are pleasant. Rabbi Yosei says: Anyone who has a bathroom close to his table. It was taught in a baraita that Rabbi Shimon ben Elazar says: One may not light on Shabbat with sap from balsam trees [tzori]. The Gemara asks: What is the reason for this? Rabba said: Since its pleasant smell diffuses, the Sages were concerned lest one forget and come to take some sap from it on Shabbat. That is tantamount to extinguishing the lamp, as removing oil from a burning lamp curtails the amount of time that it will burn. Abaye said to him: Let the Master say a different reason: Because tar is volatile, i.e., it is liable to evaporate quickly and cause a fire. The Gemara answers: He stated one reason and another: One, because it is volatile and potentially dangerous; and, furthermore, due to a decree lest one take sap from it. The Gemara relates: A mother-in-law who hated her daughter-in-law said to her: Go adorn yourself with balsam oil. She went and adorned herself. When she came, her mother-in-law said to her: Go light the lamp. She went and lit the lamp. She caught fire and was burned. Since balsam oil was discussed, the Gemara cites the verse: “But Nebuzaradan the captain of the guard left of the poorest of the land to be vinedressers and husbandmen” (Jeremiah 52:16). The Gemara explains the verse: With regard to vinedressers, Rav Yosef taught: These poorest of the land were the balsam collectors in the south of Eretz Yisrael, in the expanse from Ein Gedi to Ramata. And the husbandmen; these are the trappers of the snail [ḥilazon], from which the sky blue dye is produced in the north of the country, in the area between the Promontory of Tyre and Ḥaifa. Only a small number of poor people could barely eke out a living from these tasks, which involved mere gathering. The Sages taught: One may not light with ritually impure untithed produce [tevel] during the week, and needless to say one may not light with it on Shabbat. On a similar note, one may not light with white naphtha during the week, and needless to say one may not light with it on Shabbat. Granted, with regard to white naphtha, its prohibition is understandable because it is volatile and potentially dangerous. However, with regard to ritually impure tevel, what is the reason that the Sages prohibited lighting with it? The Gemara answers that the verse said: “And I, behold, I have given you the charge of My terumot (Numbers 18:8). From the fact that terumot is plural, the Sages derived that the verse is speaking of two terumot: Both teruma that is ritually pure and teruma that is ritually impure. Just as with regard to teruma that is ritually pure, you, the priest, have permission to benefit from it only from the time teruma was separated and onward, so too, with regard to teruma that is ritually impure, you have permission to benefit from it only from the time teruma was separated and onward. Since a portion of the untithed produce is teruma that has not yet been separated, it is prohibited even for a priest to use it. The Gemara proceeds to discuss the matter of the Tosefta itself, the case of lighting with sap from balsam trees on Shabbat. Rabbi Shimon ben Elazar says: One may not light with tzori on Shabbat. And Rabbi Shimon ben Elazar would also say: Tzori, which is one of the component spices of the incense in the Temple, is merely the sap that emerges from balsam trees, and is not part of the balsam tree itself. Rabbi Yishmael says: Anything that originates from the tree, one may not light with it; only materials that do not come from trees may be used. Rabbi Yishmael ben Beroka says: One may only light with a substance that emerges from the fruit. Rabbi Tarfon says: One may only light with olive oil alone. The Gemara relates: Rabbi Yoḥanan ben Nuri stood on his feet and, contrary to this statement, said: And what shall the people of Babylonia, who have only sesame oil, do? And what shall the people of Media, who have only nut oil, do? And what shall the people of Alexandria, who have only radish oil, do? And what shall the people of Cappadocia, who have neither this nor that but only naphtha, do? Rather, you have a prohibition only with regard to those substances with regard to which the Sages said: One may not light with them. All other oils are permitted. And one may light with fish oil and tar. Rabbi Shimon Shezuri says: One may light with gourd oil and naphtha. Sumakhos says: Among the substances that emerge from the flesh of living beings, one may light only with fish oil. The Gemara asks: The opinion of Sumakhos is identical to the opinion of the first tanna, who also permits lighting with fish oil. The Gemara answers: There is a practical difference between them with regard to what Rav Beruna said that Rav said: One is permitted to use molten fat to which oil was added for lighting. They disagree with regard to this halakha; however, their opinions are not defined and it is unclear which of them permits using it and which prohibits using it. It was taught in a baraita that Rabbi Shimon ben Elazar says: Anything that emerges from the tree does not have the legal status of an area of three by three fingerbreadths. Even if it is three by three fingerbreadths, it is not considered sufficiently large to become ritually impure. And, therefore, one may roof his sukka with it, as the roofing of his sukka may not be made from any material that can become ritually impure. This is the case for everything that originates from a tree with the exception of linen, which has a unique legal status. Abaye said: Rabbi Shimon ben Elazar and the tanna of the school of Rabbi Yishmael essentially said the same thing, even though they said it in different ways. The Gemara elaborates: The statement of Rabbi Shimon ben Elazar is that which we said: The only fabrics woven from plant materials that are considered bona fide fabrics are those made of linen. What is the statement of the tanna from the school of Rabbi Yishmael? As it was taught in the school of Rabbi Yishmael: Since the word garments is stated in the Torah unmodified, without stating from what materials those garments were made, and the verse specified in one of its references to garments, in the halakhot of ritual impurity of leprosy, wool and linen: “And the garment in which there will be the plague of leprosy, whether it be a woolen garment, or a linen garment” (Leviticus 13:47), the conclusion can be drawn: Just as below, when it mentions a garment in the case of leprosy, the Torah is referring to one made of wool or linen, so too, all garments mentioned in the Torah are those made from wool or linen. Other fabrics are not classified as garments. In contrast to Abaye, who viewed the opinions expressed by Rabbi Shimon ben Elazar and the tanna of the school of Rabbi Yishmael as expressing the same idea, Rava said that the two opinions are not identical. There is a difference between them when the cloth is three by three handbreadths, with regard to other garments that are neither wool nor linen. As Rabbi Shimon ben Elazar says explicitly: If it is less than three by three fingerbreadths, indicating that he is of the opinion that a cloth that is three by three handbreadths that is suitable for use even by wealthy people can become ritually impure. In his opinion, the uniqueness of linen fabric is not that it can become ritually impure, but rather that a linen rag, even if it is very small, can become ritually impure. The tanna of the school of Rabbi Yishmael is not of the opinion that other garments can become ritually impure. In any case, based on the above, everyone agrees that, clearly, three by three fingerbreadths in a wool or linen garment can become ritually impure with the impurity of leprosy. The Gemara asks: From where do we derive this? The Gemara responds that it is derived as it was taught in a baraita with regard to this matter. When the Torah states: Garment, unmodified, I have derived that nothing other than a whole garment can become ritually impure. However, with regard to a cloth that is three by three fingerbreadths, from where do I derive that it is also included in this halakha? The verse states: “And the garment in which there will be the plague of leprosy” (Leviticus 13:47). From the addition of the word: And the garment [vehabeged], it is derived that all woven swatches are subsumed within the category of garment in this matter. The Gemara asks: And perhaps say that it comes to include a woven garment that is three by three handbreadths? The Gemara answers: That is inconceivable. Is that not derived through an a fortiori inference? As, now, even the threads of the warp or the threads of the woof can become ritually impure, is it necessary to mention that a cloth three by three handbreadths can become ritually impure as well? A garment that is three by three handbreadths is comprised of several warp and woof threads that can themselves become ritually impure. The Gemara rejects this: If so, then let us also derive a cloth that is three by three fingerbreadths through the same a fortiori inference from the warp and woof threads. Rather, it must be that this a fortiori inference is flawed. Threads woven into fabric do not maintain their previous status as they are no longer suitable to be used as warp and woof threads. Rather, cloths that are three by three handbreadths, which are suitable for use by both the wealthy and the poor as they are multipurpose cloths, can be derived through an a fortiori inference, as they are certainly more significant than the warp and woof threads and they become ritually impure. However, cloths that are three by three fingerbreadths, which are suitable for use by the poor but are unsuitable for use by the wealthy, are not derived through an a fortiori inference. Therefore, the reason that they can become ritually impure is specifically because it was written in the Torah. Had it not been written in the Torah, we would not derive it through an a fortiori inference. The Gemara also asks: Indeed, there is amplification in the Torah, derived from the term: And the garment, which is a generalization that comes to expand upon the details that follow. And say that it comes to include the ruling that cloth that is three by three handbreadths in garments made of materials other than wool or linen can become ritually impure. The Gemara answers: That is inconceivable. The verse said: A garment of wool or linen, indicating that a garment made of wool or linen, yes, it becomes ritually impure; a garment made of other materials, no, it does not become ritually impure. The Gemara asks: And say that when the verse excluded, it excluded specifically a garment that is three by three fingerbreadths; however, a garment that is three by three handbreadths can become ritually impure. The Gemara replies: Two exclusions are written; once it is stated: “A garment of wool or linen” (Leviticus 13:59), and it is also stated: “Whether it be a woolen garment, or a linen garment” (Leviticus 13:47). One verse comes to exclude cloth of three by three fingerbreadths, and one verse comes to exclude cloth of three by three handbreadths, to emphasize that a garment made of a material that is neither wool nor linen cannot become ritually impure at all. This corresponds to Abaye’s opinion that garments not made of wool or linen cannot become ritually impure. The Gemara asks: And according to the opinion of Rava, who said that the practical difference between the two opinions is with regard to cloth three by three handbreadths in other garments, that Rabbi Shimon ben Elazar is of the opinion that they can become ritually impure, whereas the tanna of the school of Rabbi Yishmael is not of the opinion that they can become ritually impure, in the case of a cloth that is three by three handbreadths in other garments, from where does Rabbi Shimon ben Elazar derive that it can become ritually impure? The Gemara answers: In his opinion, it is derived from the verse that speaks of the ritual impurity of creeping animals: “Or a garment, or skin, or sack” (Leviticus 11:32). The additional “or” comes to include items that are not generally included in the definition of garment. As it was taught in a baraita: From the fact that it says garment, I have derived nothing other than a whole garment; however, a swatch that is three by three handbreadths in other garments, from where is it derived that it can become ritually impure? The verse states: Or a garment. The Gemara asks: And Abaye, who says that everyone agrees that other garments do not become ritually impure at all, this phrase: Or a garment, what does he do with it and what does it come to add? The Gemara answers: He needs it to include a small swatch of fabric that is three by three fingerbreadths made of wool or linen. Despite its size, it can become ritually impure from contact with creeping animals. And Rava holds that there is no need for the verse to discuss that matter explicitly, as the Torah revealed in the case of leprosy that it is considered to be a garment, and the same is true with regard to the ritual impurity of creeping animals. And Abaye holds that one cannot derive the halakhot of creeping animals from the halakhot of leprosy, as there is room to refute that comparison in the following manner: What comparison is there to leprosy, which has more stringent halakhot of ritual impurity, as even the warp and woof threads alone can become ritually impure from it, which is not the case with regard to ritual impurity from creeping animals? Therefore, even small scraps can become ritually impure from leprosy. The other amora, Rava, says: If it should enter your mind to say that leprosy is more stringent, then the Torah should have written the halakha with regard to creeping animals, and let leprosy be derived from them. Ultimately, the two halakhot are paralleled to one another in the Torah. It would have been simpler to explicitly write the laws of creeping animals and to derive leprosy from them. Since that is not the case, it is proof that the halakhot of creeping animals can be derived from leprosy. The other amora, Abaye, said that this contention is fundamentally unsound, as leprosy could not be derived from creeping animals because there is room to refute this idea and challenge: What is the comparison to the ritual impurity of creeping animals, which is more stringent than the ritual impurity of leprosy, as the creeping animal makes one ritually impure even in a case where it is a lentil-bulk, which is not true of other types of ritual impurity? Therefore, verses were necessary to teach about the ritual impurity of both creeping animals and leprosy. Abaye said: This statement of the tanna of the school of Rabbi Yishmael diverges from another statement of the tanna of the school of Rabbi Yishmael, as the tanna of the school of Rabbi Yishmael taught: From the fact that the verse says garment, I have derived nothing other than the halakha that a garment of wool or linen can become ritually impure. However, from where is it derived to include garments made of camels’ hair and rabbits’ wool, goats’ hair or the types of silk, the shirayin, the kalakh, and the serikin among the fabrics that can become ritually impure? The verse states: Or a garment. The word “or” serves as an amplification to include all types of fabric. Whereas Rava said: There is no need to say that there is a dispute in this case between two tannaim from a single school. Rather, when this tanna from the school of Rabbi Yishmael, quoted above, is not of the opinion that there is ritual impurity in other garments, it is only with regard to a swatch that is three by three fingerbreadths; however, with regard to a cloth that is three by three handbreadths he is of the opinion that it becomes ritually impure. His previous statement came to exclude a small garment from becoming ritually impure. This statement is referring to a larger garment that is three by three handbreadths. The Gemara asks: Isn’t Rava the one who said above that, in the case of three by three handbreadths in other garments, Rabbi Shimon ben Elazar is of the opinion that they can become ritually impure, whereas the tanna of the school of Rabbi Yishmael is not of the opinion that they become ritually impure? The Gemara answers: Rava retracted that opinion in order to reconcile the opinions of the tannaim of the school of Rabbi Yishmael. And if you wish, say instead a different answer: Rav Pappa said this statement and not Rava. Since Rav Pappa was the primary disciple of Rava, the Gemara attributed his statement to Rava. Rav Pappa himself understood the first statement of the tanna of the school of Rabbi Yishmael and stated it in a completely different manner. In his opinion, the derivation from the halakhot of leprosy, which concluded that even all nonspecific mentions of garments in the Torah refer to wool or linen, came to include the halakhot of diverse kinds, the Torah prohibition to wear clothing made from a mixture of wool and linen threads. He sought to prove that the halakhot of prohibited mixtures of threads apply only to wool and linen. The Gemara asks: Why does he require this derivation with regard to the prohibition of diverse kinds? The fact that the prohibition is limited to wool and linen is explicitly written, as it is stated: “You shall not wear diverse kinds, wool and linen together” (Deuteronomy 22:11). The Gemara answers: Nevertheless, an additional derivation was necessary, as it would have entered your mind to say that this, the restriction of the prohibition of diverse kinds to wool and linen, applies specifically to a case when one uses them together in the manner of wearing them; however, in merely placing the garments upon oneself, any two kinds are prohibited. Therefore, it was necessary to derive that the garment mentioned is restricted to wool and linen. This claim is rejected: And is it not an a fortiori inference? Just as in the case of wearing the garment, where one’s entire body derives benefit from the diverse kinds, you said that wool and linen, yes, are included in the prohibition, other materials, no, are not included; in the case of merely placing the garment upon himself, all the more so that the halakha should not be more stringent. Rather, certainly the halakha that was attributed to Rav Pappa is a mistake, and he did not say it. Rav Naḥman bar Yitzḥak also said that those statements of the tanna of the school of Rabbi Yishmael do not refer to the halakhot of ritual impurity. They refer to another topic. In his opinion, the tanna of the school of Rabbi Yishmael came to say that just as the halakhot of leprosy are limited to garments made from wool or linen, so too, all garments mentioned in the Torah are made from wool and linen. This comes to include the law of ritual fringes; the obligation of ritual fringes applies only to those materials. The Gemara asks: Why is that derivation necessary? With regard to ritual fringes it is written explicitly: “You shall not wear diverse kinds, wool and linen together” (Deuteronomy 22:11); and juxtaposed to it, it is written: “You shall make for you twisted fringes upon the four corners of your covering, with which you cover yourself” (Deuteronomy 22:12). From the juxtaposition of these two verses it is derived that the mitzva of ritual fringes applies only to garments to which the laws of diverse kinds apply. Rav Naḥman bar Yitzḥak responded that the matter is not so clear, as it could have entered your mind to say in accordance with the statement of Rava. As Rava raised a contradiction: On the one hand, it is written: “And that they put with the fringe of each corner a thread of sky blue” (Numbers 15:39); apparently, the threads of the ritual fringes must be of the same type of fabric as the corner of the garment. However, in Deuteronomy, in the laws of ritual fringes, it is written in juxtaposition to the laws of diverse kinds: Wool and linen together. The ritual fringes may only be made of those materials. How can that contradiction be resolved? Rather, Rava says: Ritual fringes made of wool and linen exempt the garment and fulfill the obligation of ritual fringes whether the garment is of their own type, wool or linen, whether it is not of their own type. Whereas with regard to other types, a garment of their own type, they exempt; a garment not of their own type, they do not exempt. It would have entered your mind to explain this in accordance with the approach of Rava. Therefore, the tanna taught us that the obligation of ritual fringes applies only to wool and linen and not to other materials. Rav Aḥa, son of Rava, said to Rav Ashi: According to the tanna of the school of Rabbi Yishmael, what is different about ritual impurity that he includes other garments not made of wool and linen because it is written: Or a garment, which is a term of amplification? Here too, in the matter of ritual fringes, say that it comes to include other garments from the phrase: Of your covering, with which you cover yourself. Rav Ashi answered: That amplification is necessary to include the garment of a blind person in the obligation of ritual fringes. As it was taught in a baraita, with regard to ritual fringes it is stated: “And it shall be unto you for a fringe, that you may look upon it and remember all the mitzvot of the Lord” (Numbers 15:39). The phrase: That you may look, comes to exclude a night garment, which cannot be seen and is therefore exempt from the mitzva of ritual fringes. The tanna continues: Do you say that the verse comes to exclude a night garment? Or is it only to exclude the garment of a blind person who is also unable to fulfill the verse: That you may look upon it? The tanna explains: When it says in Deuteronomy: Of your covering, with which you cover yourself, the garment of a blind person is mentioned, as he too covers himself with a covering. If so, then how do I fulfill the exclusion: That you may look upon it? It comes to exclude a night garment. The Gemara asks: Since there is one verse that includes and another verse that excludes, what did you see that led you to include a blind person and to exclude a night garment in the obligation of ritual fringes? The Gemara answers: I include the garment of a blind person because it is, at least, visible to others, and I exclude a night garment because it is not even visible to others. The Gemara asks: And say that this amplification does not come to include a blind person’s garments, but rather, as Rava said, to include other garments not made from wool or linen in the obligation of ritual fringes. The Gemara answers: It is logical to say that since the Torah is standing and discussing a garment made of wool or linen, it is certainly including another garment made of wool or linen. Therefore, an amplification with regard to the garment of a blind person made of wool or linen is derived. However, when the Torah is standing and discussing a garment made from wool or linen, is it reasonable to say that it is including other garments with them? Rather, other garments are certainly not derived from there. The Gemara returns to discuss the opinion of Rabbi Shimon ben Elazar, who disqualified even small cloths from being used as roofing in the sukka because they can become ritually impure. Abaye said: Rabbi Shimon ben Elazar and Sumakhos said the same thing. The Gemara specifies: Rabbi Shimon ben Elazar; that which we stated above. Sumakhos; as it was taught in a baraita: Sumakhos says: A sukka that he roofed with roofing made from spun thread is disqualified because spun thread can become ritually impure from leprosy. In accordance with whose opinion is Sumakhos’ statement? It is in accordance with the opinion of this tanna, as we learned in a mishna: Warp and woof can become ritually impure from leprosy immediately after they are spun; this is the statement of Rabbi Meir. Rabbi Yehuda says: The warp can become ritually impure only after it is removed from the cauldron in which it is boiled, and it is only the woof that can become ritually impure immediately. However, the bundles of unprocessed flax can become ritually impure after they are bleached in the oven and their processing is at least half-completed. Sumakhos, the student of Rabbi Meir, adheres to his position. MISHNA: Of all substances that emerge from the tree, one may light only with flax on Shabbat (Tosafot) because the other substances do not burn well. And of all substances that emerge from the tree, the only substance that becomes ritually impure with impurity transmitted by tents over a corpse is flax. If there is a dead body inside a house or a tent that is made from any materials that originate from a tree, everything in the house becomes ritually impure. However, only in the case of flax does the tent itself become impure. GEMARA: The mishna mentioned flax as a material that comes from a tree. The Gemara asks: From where do we derive that flax is called a tree? Based on appearance, it does not resemble a tree at all. Mar Zutra said: It is derived from that which the verse said: “And she had taken them up to the roof and hidden them under the trees of flax” (Joshua 2:6). And we also learned in the mishna that with regard to any substance that emerges from the tree, the only substance that becomes ritually impure with impurity transmitted by tents over a corpse is flax. The Gemara asks: From where do we derive this? Rabbi Elazar said: The tanna learned a verbal analogy [gezera shava] between the word tent, written in the context of ritual impurity, and the word tent, written in the context of the Tabernacle. It is written here, in the discussion of the laws of ritual impurity: “This is the law: When a man dies in a tent, every one that comes into the tent, and everything that is in the tent, shall be impure seven days” (Numbers 19:14), and it is written there: “And he spread the tent over the Tabernacle, and put the covering of the tent above upon it; as the Lord commanded Moses” (Exodus 40:19). Just as below, with regard to the Tabernacle, the tent was made of linen and is considered a tent, so too, here, with regard to the halakhot of ritual impurity imparted by a corpse, only a tent made of linen is considered a tent. The Gemara asks: If so, derive the following from that same verbal analogy: Just as below the linen threads in the Tabernacle were specifically threads that were twisted and the threads were folded six times, so too, here, in all of the halakhot pertaining to a tent over a corpse, the threads must be twisted and their threads folded six times. The verse states the word tent, tent several times to amplify and include even a tent made of linen not identical to the Tabernacle. The Gemara asks: If the repetition of the word tent, tent several times amplifies, even all things should be included among those items that can receive ritual impurity as a tent. The Gemara answers: This amplification cannot be that far-reaching, as, if so, the verbal analogy of tent, tent, that teaches us to derive the tent over a corpse from the Tabernacle, what purpose does it serve if everything is included? Rather, certainly the amplification is not absolute. Through the combination of the verbal analogy and the amplification, it is derived that this halakha applies specifically to linen. And perhaps say: Just as below, in the Tabernacle, there were beams supporting the tent, so too, here, in the laws of ritual impurity, a tent made of beams should also be considered a tent. The Gemara responds that the verse said: “And you shall make the beams for the Tabernacle of acacia wood, standing up” (Exodus 26:15). From the language of the verse, it is derived that the Tabernacle, i.e., the curtains alone, is called Tabernacle, and the beams are not called Tabernacle, because they merely facilitate the Tabernacle. The Gemara rejects this: But if that is so, based on an analysis of the language of the verse, it says there: “And you shall make a covering for the tent of rams’ skins dyed red and a covering of teḥashim above” (Exodus 26:14), then in that case, too, say that the covering is not considered a tent. If so, however, what of the dilemma raised by Rabbi Elazar: With regard to the hide of a non-kosher animal over a corpse, what is the ruling? Can it become ritually impure as a tent over a corpse? If the covering of the Tabernacle is not considered a tent, now, the hide of a kosher animal that covered the Tabernacle cannot become ritually impure. If that is so, is it necessary to mention that the hide of a non-kosher animal cannot become ritually impure? The Gemara answers: The cases are not comparable because it is different there, in the case of the covering of animal hides, because the verse subsequently restored its status as a tent by uniting the tent and its covering, as it is written: “They shall bear the curtains of the Tabernacle, and the Tent of Meeting, its covering, and the covering of taḥash that is upon it” (Numbers 4:25). The verse juxtaposes the upper to the lower covering; just as the lower covering is considered a tent, so too, the upper covering is considered a tent. Rabbi Elazar’s dilemma was mentioned above, and now the Gemara discusses the matter itself. Rabbi Elazar raised a dilemma: With regard to the hide of a non-kosher animal over a corpse, what is the ruling? Can it become ritually impure as a tent over a corpse? The Gemara clarifies: What is the essence of his dilemma? Rav Adda bar Ahava said: The taḥash that existed in the time of Moses is at the crux of Rabbi Elazar’s dilemma. Was it non-kosher or was it kosher? Rav Yosef said: What is his dilemma? Didn’t we learn explicitly: Only the hide of a kosher animal was deemed suitable for heavenly service? Certainly, the taḥash was a kosher species. Rabbi Abba raised an objection. Rabbi Yehuda says: There were two coverings for the Tabernacle, one made of the reddened hides of rams and one of the hides of teḥashim. Rabbi Neḥemya says: There was only one covering for the Tabernacle, half of which was made of rams’ hides and half from the hides of teḥashim. And teḥashim were similar to the species of undomesticated animals called tela ilan. The Gemara asks: But isn’t a tela ilan a non-kosher creature? The Gemara emends this statement: This is what Rabbi Neḥemya intended to say: It was like a tela ilan in that it was multicolored; however, it was not an actual tela ilan. There, the tela ilan is non-kosher, and here, the covering of the tent was made from kosher animals. Rav Yosef said: If so, that is the reason that we translate the word taḥash as sasgona, which means that it rejoices [sas] in many colors [gevanim]. Rava said that the proof that the hide of a non-kosher animal becomes ritually impure in a tent over a corpse is derived from here, as it was taught in a baraita that it is stated in the halakhot of ritual impurity of leprosy that the leprosy could be: “Either in the warp, or in the woof, whether they be of linen, or of wool; or in a hide, or in any thing made of hide” (Leviticus 13:48). The verse could have simply stated: Or hide, and it said instead: Or in a hide. The Sages said: These words, or in a hide, amplify to include the hide of a non-kosher animal as well as hide that was afflicted in the hands of a priest, i.e., before the owner showed it to the priest there was no leprosy but it became leprous while in the hands of the priest, that they too become ritually impure. If one cut pieces from each of these types and made of them a single cloth, from where is it derived that it can become ritually impure? The verse states from the broader amplification: Or in anything made of hide. The Gemara remarks: There is room to refute this parallel, rendering it impossible to derive the laws of ritual impurity imparted by a corpse from the laws of leprosy. What is the comparison to leprosy with regard to which the Torah is stringent, as even the warp and woof that have not been woven into a garment can become ritually impure from it, which is not the case in impurity imparted by a corpse? Rather, one could say that he derived it from the laws of the ritual impurity of creeping animals, as it is stated with regard to them: “And upon whatsoever any of them, when they are dead, does fall, it shall be impure; whether it be any vessel of wood, or garment, or hide, or sack, whatsoever vessel it be, with which any work is done” (Leviticus 11:32). As it was taught in a baraita: From the use of the word hide, I have derived nothing other than the fact that the hide of a kosher animal becomes ritually impure from contact with a creeping animal; however, from where is it derived that the hide of a non-kosher animal can become ritually impure? This is derived from the amplification, as the verse states: Or hide. Since, with regard to the ritual impurity of creeping animals the laws of the hides of kosher and non-kosher animals are identical, it is derived that this is also true with regard to the halakhot of ritual impurity imparted by a corpse. Once again, the Gemara says: There is room to refute this derivation and say: What is the comparison to creeping animals, as their legal status is stringent because they become ritually impure even if they are as small as a lentil-bulk, which is not true in the case of a corpse? In order for a corpse to transmit ritual impurity, it must be larger, an olive-bulk. Therefore, the Gemara says: If so, the case of leprosy can prove that the fact that creeping animals that are a lentil-bulk transmit impurity is not a factor in whether or not a non-kosher animal hide can become ritually impure. Leprosy that is a lentil-bulk does not transmit impurity and, nevertheless, the hide of a non-kosher animal becomes ritually impure from it. And the derivation has reverted to its starting point. The aspect of this case is not like the aspect of that case and the aspect of that case is not like the aspect of this case, as each case has its own unique stringencies. However, their common denominator is that hide, in general, is ritually impure in both cases, and the Torah rendered the hide of a non-kosher animal equal to the hide of a kosher animal in that it becomes ritually impure. I will also bring the additional halakha of a tent over a corpse made of the hide of a non-kosher animal, and in that case as well, the hide of a non-kosher animal will be rendered equal to the hide of a kosher animal. Rava from Barnish said to Rav Ashi: There is still room to refute this statement and say: What is the comparison to leprosy and creeping animals? Their common denominator is that they both transmit ritual impurity when smaller than an olive-bulk. Can you say the same in the case of a corpse, which only transmits ritual impurity when it is at least an olive-bulk? Therefore, despite the differences between them, these two halakhot are both more stringent than the laws of ritual impurity imparted by a corpse, and the status of a non-kosher animal hide cannot be derived from them. Rather, Rava from Barnish said it can be derived in the following manner: It is derived through an a fortiori inference from goats’ hair. Although goats’ hair does not become ritually impure from leprosy, it does become ritually impure as a tent over a corpse; with regard to the hide of a non-kosher animal that becomes ritually impure from leprosy, is it not the case that it becomes ritually impure as a tent over a corpse? Since the conclusion was that the hide of even a non-kosher animal can become ritually impure as a tent over a corpse, it is not necessary to assume that the covering of the Tabernacle was made specifically from the hide of a kosher animal. And, if so, that which Rav Yosef taught: Only the hide of a kosher animal was suitable for heavenly service, for what halakha is that relevant, as it is clearly not relevant to the Tabernacle? The Gemara replies: This halakha was stated with regard to phylacteries, which may be prepared only from the hide of a kosher animal. The Gemara asks: Phylacteries? Why did Rav Yosef need to state that halakha? It is written explicitly with regard to them: “And it shall be for a sign unto you upon your hand, and for a memorial between your eyes, that the law of the Lord may be in your mouth” (Exodus 13:9). The Sages derived from there that the phylacteries must be prepared from that which is permitted to be eaten in your mouth. Rather, the Gemara explains that this halakha of Rav Yosef was said only with regard to the leather of the boxes that house the phylacteries, which must be crafted from the hide of a kosher animal. It was not referring to the parchment on which the portions of the Torah inserted into the phylacteries are written. The Gemara asks: Didn’t Abaye say: The obligation to make a letter shin protruding on the phylacteries of one’s head is a halakha transmitted to Moses from Sinai? Since Torah law addresses the boxes of the phylacteries, presumably their legal status is parallel to that of the parchment and the prohibition against preparing them from the hide of a non-kosher animal is by Torah law as well. Rather, the Gemara explains that Rav Yosef’s halakha comes to teach that one must tie the parchments upon which the portions of the Torah are written in the phylacteries with a kosher animal’s hair, as well as sew the phylacteries with a kosher animal’s sinews. The Gemara asks: The source of these halakhot is also a halakha transmitted to Moses from Sinai, as it was taught in a baraita: The requirement that phylacteries must be square is a halakha transmitted to Moses from Sinai, as is the requirement that they must be tied with their hair and sewn with their sinews. Rather, the Gemara says that Rav Yosef came to teach with regard to the halakha of the straps of the phylacteries. The Gemara asks: Didn’t Rabbi Yitzḥak say: The straps of the phylacteries must be black is a halakha transmitted to Moses from Sinai? The Gemara responds: Although we learned this halakha, which states that the straps must be black, did we also learn that they must be from kosher animals? Rav Yosef was certainly referring to straps when he said that all heavenly service must be performed with the hides of kosher animals. The Gemara asks: What is the halakhic conclusion reached about this matter of the taḥash that existed in the days of Moses? Rabbi Ela said that Rabbi Shimon ben Lakish said that Rabbi Meir used to say: The taḥash that existed in the days of Moses was a creature unto itself, and the Sages did not determine whether it was a type of undomesticated animal or a type of domesticated animal. And it had a single horn on its forehead, and this taḥash happened to come to Moses for the moment while the Tabernacle was being built, and he made the covering for the Tabernacle from it. And from then on, the taḥash was suppressed and is no longer found. The Gemara comments: From the fact that it is said that the taḥash had a single horn on its forehead, conclude from this that it was kosher, as Rav Yehuda said in a similar vein: The ox that Adam, the first man, sacrificed as a thanks-offering for his life being spared, had a single horn on its forehead, as it is stated: “And it shall please the Lord better than a horned [makrin] and hooved ox” (Psalms 69:32). The word makrin means one with a horn. The Gemara asks: On the contrary, makrin indicates that it has two horns. Rav Naḥman bar Yitzḥak said: Despite the fact that it is vocalized in the plural, it is written mikeren without the letter yod to indicate that it had only a single horn. The Gemara asks: If so, let us resolve from the same baraita that just as it was derived from the ox of Adam, the first man, that an animal with one horn is kosher, derive that an animal with one horn is a type of domesticated animal. The Gemara answers: Since there is the keresh which is a type of undomesticated animal, and it has only a single horn, it is also possible to say that the taḥash is a type of undomesticated animal. This dilemma was not resolved. MISHNA: The wick of a garment, i.e., cloth made into a wick for a lamp, that one folded it into a size and shape suitable for a wick, but did not yet singe it slightly in order to facilitate its lighting, Rabbi Eliezer says: This wick is ritually impure. With regard to the laws of ritual impurity, it can, like other garments, still become ritually impure and one may not light with it on Shabbat. Rabbi Akiva says: It is ritually pure and one may even light with it on Shabbat. GEMARA: The Gemara asks: Granted, with regard to ritual impurity, the reasons for their disagreement are clear and this is their dispute: Rabbi Eliezer holds that folding alone is ineffective in altering the identity of the garment and it retains its original status. It can become ritually impure like any other garment. Rabbi Akiva holds that folding is effective, and it negates its garment status, and therefore, it can no longer become ritually impure. However, with regard to lighting on Shabbat what is at the crux of their dispute? Rabbi Elazar said that Rav Oshaya said, and Rav Adda bar Ahava said likewise: Here we are dealing with a cloth that is precisely three by three fingerbreadths and we are dealing with a Festival that occurred on Shabbat eve. And everyone is of the opinion that the halakha is in accordance with the opinion of Rabbi Yehuda, who said that on a Festival one may only kindle a fire with whole vessels, as it is permitted to carry them and they do not have set-aside [muktze] status; however, one may not kindle a fire using broken vessels, i.e., vessels that broke on the Festival. Since they broke on the Festival itself, they are classified as an entity that came into being [nolad] on the Festival, and the halakha prohibits moving them. And, similarly, everyone is of the opinion that the halakha is in accordance with the opinion of Ulla, as Ulla said: One who lights a lamp must light most of the wick that protrudes from the lamp. Based on these assumptions, the dispute in the mishna can be understood as follows: Rabbi Eliezer holds that folding alone is ineffective in negating the wick’s vessel status, and once one lights only a small part of it, it thereby becomes a broken vessel, as part of it burns and the remainder is less than three by three fingerbreadths. A smaller cloth is no longer considered significant. Since he is required to light most of the protruding wick and, as mentioned above, it is prohibited to light broken vessels, he may not light the folded garment. And Rabbi Akiva held that folding is effective and, immediately when he folded it, the garment no longer has the status of a vessel. It was not considered a vessel even before he lit it, and when he lights it, it is as if he were lighting plain wood, not a vessel that broke on the Festival. Rav Yosef said, that is what I learned: Three by three exactly. And I did not know to what halakha this was relevant. Rav Yosef received from his teachers that the baraita is referring to a case of three by three exactly, and he did not know why it was significant to establish the baraita in a case of exactly three by three and no more. The Gemara adds incidentally: And from the fact that Rav Adda bar Ahava interpreted this mishna in accordance with the opinion of Rabbi Yehuda, conclude from this that he holds in accordance with the opinion of Rabbi Yehuda. Did Rav Adda bar Ahava actually say this? Didn’t Rav Adda bar Ahava himself say: When a gentile carved out a vessel the size of a kav from a piece of wood on a Festival and thereby rendered it a new vessel, a Jew may burn the vessel on a Festival ab initio. And why may he do so? This new vessel that was made from the wood is an object that came into being [nolad] on a Festival, and is set-aside [muktze]. Since Rav Adda bar Ahava permitted doing so, apparently he holds that the laws of set-aside do not apply on a Festival, contrary to the opinion of Rabbi Yehuda. The Gemara answers: Rav Adda bar Ahava said this statement in explanation of the statements of Rabbi Eliezer and Rabbi Akiva in the mishna; however, he himself does not hold that way. Although he explained the opinions in the mishna in accordance with the opinion of Rabbi Yehuda, he himself does not hold that that is the halakha. Rava said, this is the reasoning behind Rabbi Eliezer’s opinion with regard to lighting the wick: Because he holds that one may neither light on Shabbat using a wick that is not slightly singed and prepared for lighting nor light with rags that were not singed before Shabbat. If a person singes the wick slightly before lighting it, it will burn well. A wick that has not been singed does not burn well and will not show the appropriate deference to Shabbat. The Gemara asks: If so, that which Rav Yosef taught: Three by three exactly, to what halakha is it relevant? According to Rava’s explanation, the precise size of the garment used in making the wick is irrelevant. The Gemara responds: Rav Yosef’s statement was with regard to another matter, the halakhot of ritual impurity. As we learned in a mishna in tractate Kelim: Three by three fingerbreadths that they stated as the smallest sized garment that can become ritually impure, excludes the portion used for the hem, i.e., those threads that emerge at the edge of the garment and are sewn into a hem; this is the statement of Rabbi Shimon. And the Rabbis say: Three by three exactly, even including the hem. That is the context of Rav Yosef’s statement: Three by three exactly. With regard to the statement cited above, Rav Yehuda said that Rav said that there is a dispute between the tannaim on this issue: One may only kindle a fire with whole vessels and one may not kindle a fire with broken vessels; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits kindling a fire even with broken vessels. An additional halakha: One may kindle a fire with whole dates on a Festival, and if he ate them, he may not kindle a fire with their pits as they are set-aside; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits kindling a fire with the pits. Furthermore, one may kindle a fire with whole nuts on a Festival, and if he ate them, he may not kindle a fire with their shells; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits doing so. The Gemara comments: And it was necessary to cite all three of these cases because each teaches a novel idea. As, had Rav taught us only the first halakha, we would have thought that it is specifically in that case, with regard to burning broken vessels, that Rabbi Yehuda said that it is prohibited, as initially it was a vessel and now it is a broken vessel, and therefore it is considered an object that came into being [nolad] and prohibited; however, dates, initially there were pits in the dates and now they remain pits, say that one may well do so. And had Rav taught us only with regard to date pits I would have said that they are prohibited because initially they were concealed within the fruit and now they are exposed, it is a case of an object that came into being and prohibited. However, nutshells, which initially were exposed and now are exposed, as they were before, say that one may well do so. Therefore, it was necessary to teach all of these cases. And the Gemara adds: This halakha of Rav was not stated explicitly; rather, it was stated by inference based on conclusions drawn from Rav’s actions and not from his explicit statements. There was an instance where Rav ate dates on a weekday and threw the pits into the oven. Rabbi Ḥiyya said to him: Son of noblemen, the corresponding action, throwing pits into an oven, is prohibited on a Festival. The Gemara asks: Did Rav accept this halakha from him or did he not accept it from him? Come and hear: When Rav came from Eretz Yisrael to Babylonia, he ate dates on a Festival and threw their pits to the animals so that they may eat them. Wasn’t it a case involving Persian dates, which are quality dates whose fruit comes completely off the pits, leaving the pits with no trace of fruit? Ostensibly, they are completely set-aside as they are of no use at all to people. And the fact that Rav threw the pits to the animals indicates that he did not accept this halakha from Rabbi Ḥiyya, and he holds that there is no prohibition in that case. The Gemara replies: No, this is a case involving Aramean dates whose fruit does not come off completely, and remnants of the date remain attached to the pit. These pits, since they are still fit for use due to their mother, i.e., the fruit itself, one is permitted to carry them. Rav Shmuel bar bar Ḥana said to Rav Yosef: According to the opinion of Rabbi Yehuda, who said that one may kindle a fire with whole vessels, and one may not kindle a fire with broken vessels, how it is possible to use whole vessels? Once they are ignited a bit, they become broken vessels, and when one turns the wood over to accelerate their ignition, he turns them over in a prohibited manner, as it is prohibited to light with broken vessels. The Gemara answers: This is a case where he acted in accordance with the statement of Rav Mattana. As Rav Mattana said that Rav said: Branches that fell from a palm tree into an oven on a Festival, since these branches were attached to the tree at the onset of the Festival, they are set-aside and it is prohibited to move them. Nevertheless, he can remedy the situation if he adds wood that was prepared for burning prior to the Festival, until the majority of the wood in the oven is not set-aside, and then kindles them. Since the majority of the wood is permitted, he need not concern himself with the minority. One may do the same when burning vessels by adding wood that is not set-aside. Rav Hamnuna said a different explanation of the dispute in the mishna. In his opinion, here we are dealing with a garment that is smaller than three by three handbreadths, and they taught here halakhot established by the Sages with regard to insignificant small cloths. And Rabbi Eliezer followed his line of reasoning expressed elsewhere, and Rabbi Akiva followed his line of reasoning expressed elsewhere. As we learned in a mishna in tractate Kelim: A cloth smaller than three by three handbreadths that was utilized to plug the bath, and to pour from a boiling pot, and to wipe the millstone, whether this cloth was expressly prepared for that purpose or whether it was not prepared, it can become ritually impure; this is the statement of Rabbi Eliezer. And Rabbi Yehoshua says: Whether it was prepared or whether it was not prepared, it is ritually pure, i.e., it cannot become ritually impure. Rabbi Akiva distinguishes between the cases and says: If it was prepared it is ritually impure, and if it was not prepared it is ritually pure. And Ulla said, and some say that Rabba bar bar Ḥana said that Rabbi Yoḥanan said: Everyone agrees that a cloth this size, if one threw it into the garbage dump, it is ritually pure. His discarding of the cloth indicates that he no longer considers this cloth a garment and no longer considers it significant. If one placed it in a box, everyone agrees that it can become ritually impure because his placing the cloth in a box indicates that he considers the cloth significant and is keeping it in order to use it. They only disagreed in a case where one hung the garment on a dryer, i.e., a stake in the wall, or where he placed it behind a door. Rabbi Eliezer held: From the fact that he did not throw it in the garbage dump, it is certainly on his mind and he is planning to use it. And what is the reason that he called it not prepared? It is because, relative to a cloth placed in a box, it is not considered prepared for use. And Rabbi Yehoshua held that since he did not place it in a box, certainly he has negated its garment status. And what is the reason that he called it prepared? Because relative to one thrown in the garbage, this garment is prepared for use, although, in fact, the cloth has already been negated. And Rabbi Akiva, in the case where he hung it on a dryer, held in accordance with the opinion of Rabbi Eliezer that one has not yet negated it from use and it can therefore become ritually impure. In the case where he placed it behind a door, Rabbi Akiva held in accordance with the opinion of Rabbi Yehoshua that, in doing so, he negated its garment status, and it can no longer become ritually impure. The Gemara comments: And Rabbi Akiva retracted his opinion in favor of the opinion of Rabbi Yehoshua and held in accordance with his opinion. And from where do we know this? Rava said: From the term that we learned in our mishna: The wick of a garment [petilat habeged]. Why did it specifically teach: The wick of a garment? Teach that halakha using the phrase: A wick made from a garment. What is the reason that the mishna taught: A wick of a garment? It is because it remains a garment. Nevertheless, Rabbi Akiva deemed it ritually pure, in accordance with the opinion of Rabbi Yehoshua. MISHNA: The fundamental dispute in this mishna is with regard to the determination whether or not indirect acts of kindling and extinguishing fall within the parameters of the prohibition on Shabbat. The Rabbis said: A person may not pierce a hole in an eggshell and fill it with oil, and place it over the mouth of a lamp so that the egg will drip additional oil into the lamp and thereby extend the time that it burns. And this is the ruling even if it is not an actual egg but an earthenware vessel. And Rabbi Yehuda permits doing so. However, if the craftsman, who crafts ceramic vessels, attached the egg to the lamp from the outset, one is permitted to fill it with oil because it constitutes a single, large vessel. The Rabbis decreed that a person may not fill a bowl with oil, and place it beside the lamp, and place the unlit head of the wick into the bowl so that it draws additional oil from the bowl and thereby extend the time that the lamp burns. And Rabbi Yehuda permits doing so. GEMARA: The Gemara comments on the fact that the mishna cited three cases that all share the same rationale: And it was necessary to cite all of the aforementioned cases because it is impossible to derive one from the other. As, had the Gemara only taught us the prohibition of an eggshell, I would have said that, specifically in that case, the Rabbis said that it is prohibited to do so. Since the egg is not dirty and disgusting, there is room for concern that one might come to take oil from it, which would be tantamount to taking oil from a burning lamp on Shabbat, because it causes the flame to be extinguished faster. However, an earthenware tube that is disgusting, say that the Rabbis agree with Rabbi Yehuda that there is no room for concern, and even according to their opinion it would be permitted. And, conversely, had the Gemara only taught us the prohibition of an earthenware tube, I would have said that, specifically in that case, Rabbi Yehuda says that one is permitted to do so because it is disgusting, as explained above; however, in that case of the eggshell that is not disgusting, say that he agrees with the Rabbis that it is prohibited. And had the Gemara taught us only those two cases of the eggshell and the earthenware tube, I would have said that, specifically in those cases, Rabbi Yehuda said that it is permitted because there is no separation between the lamp and the second receptacle. However, in the case of a bowl, which is separate, say that he agrees with the Rabbis that it is prohibited. And, conversely, had the Gemara only taught us in that case of the added bowl, I would have said that only in that case did the Rabbis say it is prohibited because it is separate. However, in these two cases of the eggshell and the ceramic tube, I would say that the Rabbis agree with Rabbi Yehuda and permit doing so. Therefore, it was necessary for the mishna to specifically state the halakha in each of the cases cited. And we also learned in our mishna that if the craftsman attached the tube to the lamp from the outset, it is permitted to fill it with oil and use it. It was taught in a baraita that even if a homeowner attached it to the vessel before Shabbat by means of plaster or with dry potter’s clay, it is permitted. The Gemara asks: Didn’t we specifically learn in the mishna: If the craftsman attached it from the outset, not a layman? The Gemara answers: What is the meaning of craftsman in the mishna? It refers to any attachment similar to the attachment of the craftsman. With regard to the dispute between Rabbi Yehuda and the Rabbis, it was taught in a baraita that Rabbi Yehuda said to the Rabbis: One time we spent our Shabbat in the upper story of the house of Nit’za in the city of Lod. And they brought us an eggshell, and we filled it with oil, and pierced it, and left it over the lamp in order to extend its burning. And Rabbi Tarfon and other Elders were there and they did not say anything to us. Apparently, there is no prohibition. The Rabbis said to him: Do you bring proof from there? The legal status of the Elders who were sitting in the house of Nit’za is different. They are vigilant. There is no room for concern lest they use the oil in the eggshell and accelerate the extinguishing of the lamp. However, in every other circumstance, doing so is prohibited. The Gemara relates: Avin from the city of Tzippori dragged a bench in an upper story, whose floor was made of marble, before Rabbi Yitzḥak ben Elazar. Rabbi Yitzḥak ben Elazar said to him: If I remain silent and say nothing to you, as Rabbi Tarfon and the members of the group of Elders were silent and said nothing to Rabbi Yehuda, damage will result, as it will lead to unfounded leniency in the future. Had they told Rabbi Yehuda at that time that it is prohibited to puncture the eggshell, he would not have disagreed with the Rabbis. He would not have mistakenly derived a general leniency. So too, here the Sages issued a decree on a marble-floored upper story due to a standard upper story with an earth floor. One who drags a bench on an earth floor will create a furrow. On the topic of dragging, the Gemara relates that the Head of the Kenesset of Batzra dragged a bench before Rabbi Yirmeya the Great on Shabbat. Rabbi Yirmeya said to him: In accordance with whose opinion do you permit yourself to drag a bench on Shabbat? Is it in accordance with the opinion of Rabbi Shimon? Say that Rabbi Shimon said his statement specifically with regard to large benches that are impossible to move from place to place in any other way, but in the case of small benches did he say that one is permitted to drag them? And this disagrees with the opinion of Ulla, as Ulla said: The dispute with regard to dragging is in the case of small benches; however, in the case of large benches, everyone agrees that one is permitted to drag them, as there is no other way to move them. Rav Yosef raised an objection from what was taught in a baraita, Rabbi Shimon says: One may drag a bed, a chair, and a bench across the floor on Shabbat even though it creates a furrow, as long as he does not intend to create a furrow. This baraita teaches about large objects, like a bed, and teaches about small objects, like a chair. If so, this is difficult for both Rabbi Yirmeya the Great and for Ulla. Rabbi Yirmeya holds that Rabbi Shimon prohibits dragging even small furniture. Ulla holds that even Rabbi Yehuda permits dragging large pieces of furniture. According to his opinion, there is no need for Rabbi Shimon to state that it is permitted. The Gemara answers that Ulla reconciles the objection in accordance with his reasoning and Rabbi Yirmeya the Great reconciles the objection in accordance with his reasoning. The Gemara explains: Ulla reconciles the objection in accordance with his reasoning: A bed, similar to a chair; the baraita is referring here to a small bed that can be carried like a chair, with regard to which there is a dispute between Rabbi Shimon and Rabbi Yehuda. And Rabbi Yirmeya the Great reconciles the objection in accordance with his reasoning: A chair, similar to a bed; the baraita is referring to dragging a heavy chair that cannot be moved in any other way. Rabba raised an objection to Rabbi Yirmeya’s statement from that which we learned in a mishna: Clothing merchants who sell garments made of diverse kinds, a prohibited mixture of wool and linen, may sell them as they normally would to gentiles, and they may place the garments that they are selling on their shoulders and need not be concerned about the prohibition against wearing diverse kinds, as long as the merchant does not intend to benefit from the garments in the sun as protection from the sun, or in the rain as protection from the rain. However, the modest people, those who are particularly fastidious in performing mitzvot, would suspend the wool and linen garments on a stick behind them. And here, in the case of dragging benches, where it is possible to act like the modest people, as the clothes are similar to small benches, and nevertheless, when one does not intend to perform the prohibited action, Rabbi Shimon permits dragging even ab initio. Rabbi Shimon holds that one who does not intend to violate a prohibition need not take an alternative course of action due to concern that resulting from his action, the prohibited act might come to be performed. Based on that principle, it is clear that Rabbi Shimon would permit dragging small benches since one does not intend to create a furrow in dragging them. This is a conclusive refutation of the statement of Rabbi Yirmeya the Great, who held that dragging small objects is prohibited according to Rabbi Shimon. The Gemara concludes: Indeed, it is a conclusive refutation. MISHNA: One who extinguishes the lamp on Shabbat because he is afraid due to gentiles, from whom he is hiding in his home, and due to thieves, or if one is afraid due to an evil spirit, i.e., he is depressed and prefers sitting in the dark, or if he extinguished the flame due to the sick person so that he will sleep, he is exempt. However, in a case where he extinguishes the flame in order to spare the lamp, spare the oil, or spare the wick, he is liable. Rabbi Yosei exempts him in all of those cases, as in his opinion no labor prohibited by Torah law is being performed by extinguishing the flame, except for the case where he seeks to spare the wick. Only in that case is extinguishing a creative action because he makes the wick into charcoal by extinguishing the flame. GEMARA: From the fact that it was taught in the latter clause of the mishna that one who extinguishes a flame on Shabbat is liable, conclude from it that this mishna is in accordance with the opinion of Rabbi Yehuda, who holds that one who performs a prohibited labor on Shabbat is liable to bring a sin-offering even if it is a labor that is not necessary for its own sake [melakha sheeina tzerikha legufa]. In the mishna, one does not extinguish the flame to achieve the product produced by extinguishing it. He does so to prevent the light from shining. If so, with what is the first clause of the mishna dealing? If it is referring to one who extinguished the flame due to a critically ill person, the term exempt is imprecise. It should have said permitted, as it is permitted even ab initio to perform a prohibited labor on Shabbat in a case of danger. And if it is speaking about a non-critically ill person, why is one who extinguished the flame exempt? It should have said that one is liable to bring a sin-offering. The Gemara replies: Actually, the first clause was referring to a critically ill person, and it should have taught that it is permitted. And since the latter clause of the mishna had to teach that one is liable, in the first clause too, it taught employing the opposite term, exempt, so that the mishna would maintain stylistic uniformity. The halakha is, indeed, that not only is one exempt if he extinguished a light for a critically ill person, it is even permitted to do so ab initio. The Gemara asks: What of that which Rabbi Oshaya taught: If one wants to extinguish a flame on Shabbat for a sick person so he can sleep, he may not extinguish it, and if he extinguished it, he is not liable after the fact, but ab initio he is prohibited to do so? The Gemara answers: This is not similar, as that baraita is referring to a non-critically ill person and it is in accordance with the opinion of Rabbi Shimon, who said that one who performs a prohibited labor not necessary for its own sake is exempt. Our mishna is referring to a critically ill person. The Gemara relates: This question was asked before Rabbi Tanḥum from the village of Nevi: What is the ruling with regard to extinguishing a burning lamp before a sick person on Shabbat? The Gemara relates that Rabbi Tanḥum delivered an entire homily touching upon both aggadic and halakhic materials surrounding this question. He began and said: You, King Solomon, where is your wisdom, where is your understanding? Not only do your statements contradict the statements of your father David, but your statements even contradict each other. Your father David said: “The dead praise not the Lord, neither any that go down into silence” (Psalms 115:17); and you said: “And I praised the dead that are already dead more than the living that are yet alive” (Ecclesiastes 4:2). And then again you said: “For a living dog is better than a dead lion” (Ecclesiastes 9:4). These are different assessments of life and death. He resolved the contradictions in the following manner: This is not difficult. That which David said: “The dead praise not the Lord,” this is what he is saying: A person should always engage in Torah and mitzvot before he dies, as once he is dead he is idle from Torah and mitzvot and there is no praise for the Holy One, Blessed be He, from him. And that is what Rabbi Yoḥanan said: What is the meaning of that which is written: “Set free among the dead, like the slain that lie in the grave, whom You remember no more” (Psalms 88:6)? When a person dies he then becomes free of Torah and mitzvot. And that which Solomon said: “And I praised the dead that are already dead”; he was not speaking of all dead people, but rather in praise of certain dead people. As when Israel sinned in the desert, Moses stood before the Holy One, Blessed be He, and he said several prayers and supplications before Him, and his prayers were not answered. And when he said: “Remember Abraham, Isaac, and Israel, Your servants” (Exodus 32:13), his prayers were answered immediately. Consequently, did Solomon not speak appropriately when he said: “Wherefore I praised the dead that are already dead”? Certainly the merit of the deceased forefathers is greater than that of the righteous people who are alive. Alternatively, the way of the world is such that when a flesh-and-blood prince issues a decree on the public it is uncertain whether they fulfill it and uncertain whether they do not fulfill it. And even if you want to say that they fulfill it, it is only during his lifetime that they fulfill it; after he dies they do not fulfill it. But Moses our teacher issued several decrees and instituted several ordinances, and they are in effect forever and ever. And, if so, is it not appropriate that which Solomon said: “Wherefore I praised the dead that are already dead”? Alternatively, another explanation is given for the verse: “And I praised the dead that are already dead,” is in accordance with that which Rav Yehuda said that Rav said. As Rav Yehuda said that Rav said: What is the meaning of the verse that was written: “Work on my behalf a sign for good; that they that hate me may see it, and be put to shame” (Psalms 86:17)? David said before the Holy One, Blessed be He: Master of the Universe, forgive me for that sin in the matter of Bathsheba. He said to him: It is forgiven you. David said to Him: Show me a sign in my lifetime so that all will know that You have forgiven me. God said to him: In your lifetime I will not make it known that you were forgiven; however, in the lifetime of your son Solomon I will make it known. When Solomon built the Temple and sought to bring the Ark into the Holy of Holies, the gates clung together and could not be opened. Solomon uttered twenty-four songs of praise, as in his prayer there are twenty-four expressions of prayer, song, etc. (I Kings 8), and his prayer was not answered. He began and said: “Lift up your heads, O you gates, and be you lifted up, you everlasting doors; that the King of glory may come in” (Psalms 24:7). Immediately, the gates ran after him to swallow him, as they thought that in the words: “King of glory” he was referring to himself, and they said to him: “Who is the King of glory?” (Psalms 24:8). He said to them: “The Lord strong and mighty, the Lord mighty in battle” (Psalms 24:8). And he said again: “Lift up your heads, O you gates, yea, lift them up, you everlasting doors; that the King of glory may come in. Who then is the King of glory? The Lord of hosts; He is the King of glory. Selah” (Psalms 24:9–10), and he was not answered. When he said: “O Lord God, turn not away the face of Your anointed; remember the good deeds of David Your servant” (II Chronicles 6:42), he was immediately answered, and a fire descended from Heaven (II Chronicles 7:1). At that moment, the faces of all of David’s enemies turned dark like the charred bottom of a pot. And all of Israel knew that the Holy One, Blessed be He, forgave him for that sin. And if so, is it not appropriate what Solomon said: “And I praised the dead that are already dead,” David, more than the living, Solomon, to whose request to open the gates of the Temple God did not respond? And that is what is written: “On the eighth day he sent the people away, and they blessed the king, and went unto their tents joyful and glad of heart for all the goodness that the Lord had shown unto David His servant and to Israel His people” (I Kings 8:66). The Gemara explains: And went unto their tents, in accordance with the common expression: One’s house is his wife. It is explained that when they returned home they found their wives ritually pure from the ritual impurity of menstruation. Joyful means that they enjoyed the aura of the Divine Presence at the dedication of the Temple. And glad of heart means that the wife of each and every one of them was impregnated and gave birth to a male. The verse continues: For all the goodness that the Lord had shown unto David His servant and to Israel His people. Unto David His servant means that at that opportunity they all saw that God forgave him for that sin. And to Israel His people means that He forgave them for the sin of Yom Kippur, as they did not fast that year (see I Kings 8:65). The Gemara continues: And that which Solomon said: “For a living dog is better than a dead lion” (Ecclesiastes 9:4), is in accordance with that which Rav Yehuda said that Rav said. As Rav Yehuda said that Rav said: What is the meaning of that verse which David said: “Lord, make me to know my end, and the measure of my days, what it is; let me know how short-lived I am” (Psalms 39:5)? It means that David said before the Holy One, Blessed be He: Master of the Universe, Lord, make me to know my end; in how long will I die? God said to him: It is decreed before Me that I do not reveal the end of the life of flesh and blood. He asked further: And the measure of my days; on what day of the year will I die? He said to him: It is decreed before Me not to reveal the measure of a person’s days. Again he requested: Let me know how short-lived I am; on what day of the week will I die? He said to him: You will die on Shabbat. David requested of God: Let me die on the first day of the week so that the honor of Shabbat will not be tarnished by the pain of death. He said to him: On that day the time of the kingdom of your son Solomon has already arrived, and one kingdom does not overlap with another and subtract from the time allotted to another even a hairbreadth. He said to him: I will cede a day of my life and die on Shabbat eve. God said to him: “For a day in your courts is better than a thousand” (Psalms 84:11); a single day in which you sit and engage in Torah is preferable to Me than the thousand burnt-offerings that your son Solomon will offer before Me on the altar (see I Kings 3:4). What did David do? Every Shabbat he would sit and learn all day long to protect himself from the Angel of Death. On that day on which the Angel of Death was supposed to put his soul to rest, the day on which David was supposed to die, the Angel of Death stood before him and was unable to overcome him because his mouth did not pause from study. The Angel of Death said: What shall I do to him? David had a garden [bustana] behind his house; the Angel of Death came, climbed, and shook the trees. David went out to see. As he climbed the stair, the stair broke beneath him. He was startled and was silent, interrupted his studies for a moment, and died. Since David died in the garden, Solomon sent the following question to the study hall: Father died and is lying in the sun, and the dogs of father’s house are hungry. There is room for concern lest the dogs come and harm his body. What shall I do? They sent an answer to him: Cut up an animal carcass and place it before the dogs. Since the dogs are hungry, handling the animal carcass to feed them is permitted. And with regard to your father, it is prohibited to move his body directly. Place a loaf of bread or an infant on top of him, and you can move him into the shade due to the bread or the infant. And is it not appropriate what Solomon said: “For a living dog is better than a dead lion.” The ultimate conclusion of this discussion is that life is preferable to death. And now, with regard to the question that I asked before you; Rav Tanḥum spoke modestly, as, actually, they had asked him the question. A lamp is called ner and a person’s soul is also called ner, as it is written: “The spirit of man is the lamp [ner] of the Lord” (Proverbs 20:27). It is preferable that the lamp of a being of flesh and blood, an actual lamp, will be extinguished in favor of the lamp of the Holy One, Blessed be He, a person’s soul. Therefore, one is permitted to extinguish a flame for the sake of a sick person. Since contradictions in Ecclesiastes were mentioned, the Gemara cites additional relevant sources. Rav Yehuda, son of Rav Shmuel bar Sheilat, said in the name of Rav: The Sages sought to suppress the book of Ecclesiastes and declare it apocryphal because its statements contradict each other and it is liable to confuse its readers. And why did they not suppress it? Because its beginning consists of matters of Torah and its end consists of matters of Torah. The ostensibly contradictory details are secondary to the essence of the book, which is Torah. The Gemara elaborates: Its beginning consists of matters of Torah, as it is written: “What profit has man of all his labor which he labors under the sun?” (Ecclesiastes 1:3), and the Sages of the school of Rabbi Yannai said: By inference: Under the sun is where man has no profit from his labor; however, before the sun, i.e., when engaged in the study of Torah, which preceded the sun, he does have profit. Its ending consists of matters of Torah, as it is written: “The end of the matter, all having been heard: Fear God, and keep His mitzvot; for this is the whole man” (Ecclesiastes 12:13). With regard to this verse, the Gemara asks: What is the meaning of the phrase: For this is the whole man? Rabbi Eliezer said: The entire world was only created for this person. Rabbi Abba bar Kahana said: This person is equivalent to the entire world. Shimon ben Azzai says and some say that Shimon ben Zoma says: The entire world was only created as companion to this man, so that he will not be alone. And to the essence of the matter, the Gemara asks: What is the meaning of: Its statements that contradict each other? It is written: “Vexation is better than laughter” (Ecclesiastes 7:3), and it is written: “I said of laughter: It is praiseworthy” (Ecclesiastes 2:2), which is understood to mean that laughter is commendable. Likewise in one verse it is written: “So I commended mirth” (Ecclesiastes 8:15), and in another verse it is written: “And of mirth: What does it accomplish?” (Ecclesiastes 2:2). The Gemara answers: This is not difficult, as the contradiction can be resolved. Vexation is better than laughter means: The vexation of the Holy One, Blessed be He, toward the righteous in this world is preferable to the laughter which the Holy One, Blessed be He, laughs with the wicked in this world by showering them with goodness. I said of laughter: It is praiseworthy, that is the laughter which the Holy One, Blessed be He, laughs with the righteous in the World-to-Come. Similarly, “So I commended mirth,” that is the joy of a mitzva. “And of mirth: What does it accomplish?” that is joy that is not the joy of a mitzva. The praise of joy mentioned here is to teach you that the Divine Presence rests upon an individual neither from an atmosphere of sadness, nor from an atmosphere of laziness, nor from an atmosphere of laughter, nor from an atmosphere of frivolity, nor from an atmosphere of idle conversation, nor from an atmosphere of idle chatter, but rather from an atmosphere imbued with the joy of a mitzva. As it was stated with regard to Elisha that after he became angry at the king of Israel, his prophetic spirit left him until he requested: “But now bring me a minstrel; and it came to pass, when the minstrel played, that the hand of the Lord came upon him” (II Kings 3:15). Rav Yehuda said: And, so too, one should be joyful before stating a matter of halakha. Rava said: And, so too, one should be joyful before going to sleep in order to have a good dream. The Gemara asks: Is that so, that one should introduce matters of halakha joyfully? Didn’t Rav Giddel say that Rav said: Any Torah scholar who sits before his teacher and his lips are not dripping with myrrh due to fear of his teacher, those lips shall be burnt, as it is stated: “His lips are as lilies, dripping with flowing myrrh [shoshanim notefot mor over]” (Song of Songs 5:13)? He interpreted homiletically: Do not read mor over, flowing myrrh; rather, read mar over, flowing bitterness. Likewise, do not read shoshanim, lilies; rather, read sheshonim, that are studying, meaning that lips that are studying Torah must be full of bitterness. The Gemara explains: This is not difficult, there is no contradiction here, as this, where it was taught that one should introduce matters of halakha joyfully, is referring to a rabbi, and that, where it was taught that one must be filled with bitterness, is referring to a student, who must listen to his teacher with trepidation. And if you wish, say instead that this and that are referring to a rabbi, and it is not difficult. This, where it was taught that he must be joyful, is before he begins teaching, whereas that, where it was taught that he must be filled with bitterness and trepidation, is after he already began teaching halakha. That explanation is like that which Rabba did. Before he began teaching halakha to the Sages, he would say something humorous and the Sages would be cheered. Ultimately, he sat in trepidation and began teaching the halakha. And, the Gemara continues, the Sages sought to suppress the book of Proverbs as well because its statements contradict each other. And why did they not suppress it? They said: In the case of the book of Ecclesiastes, didn’t we analyze it and find an explanation that its statements were not contradictory? Here too, let us analyze it. And what is the meaning of: Its statements contradict each other? On the one hand, it is written: “Answer not a fool according to his folly, lest you also be like him” (Proverbs 26:4), and on the other hand, it is written: “Answer a fool according to his folly, lest he be wise in his own eyes” (Proverbs 26:5). The Gemara resolves this apparent contradiction: This is not difficult, as this, where one should answer a fool, is referring to a case where the fool is making claims about Torah matters; whereas that, where one should not answer him, is referring to a case where the fool is making claims about mundane matters. The Gemara relates how Sages conducted themselves in both of those circumstances. As in the case of that man who came before Rabbi Yehuda HaNasi and said to him: Your wife is my wife and your children are my children, Rabbi Yehuda HaNasi said to him: Would you like to drink a cup of wine? He drank and burst and died. Similarly, the Gemara relates: There was that man who came before Rabbi Ḥiyya and said to him: Your mother is my wife, and you are my son. He said to him: Would you like to drink a cup of wine? He drank and burst and died. Rabbi Ḥiyya said with regard to the incident involving Rabbi Yehuda HaNasi: Rabbi Yehuda HaNasi’s prayer that his children will not be rendered mamzerim, children of illicit relations, was effective for him. As when Rabbi Yehuda HaNasi would pray, he said after his prayer: May it be Your will, O Lord, my God, that You will deliver me today from impudent people and from insolence. Insolence, in this case, refers to mamzerut. It was due to his prayer that that man burst and was unsuccessful in disparaging Rabbi Yehuda HaNasi’s children. In matters of Torah, what is the case with regard to which the verse said that one should respond to a fool’s folly? As in the case where Rabban Gamliel was sitting and he interpreted a verse homiletically: In the future, in the World-to-Come, a woman will give birth every day, as it says: “The woman with child and her that gives birth together” (Jeremiah 31:7), explaining that birth will occur on the same day as conception. A certain student scoffed at him and said: That cannot be, as it has already been stated: “There is nothing new under the sun” (Ecclesiastes 1:9). Rabban Gamliel said to him: Come and I will show you an example of this in this world. He took him outside and showed him a chicken that lays eggs every day. And furthermore: Rabban Gamliel sat and interpreted a verse homiletically: In the future, in the World-to-Come, trees will produce fruits every day, as it is stated: “And it shall bring forth branches and bear fruit” (Ezekiel 17:23); just as a branch grows every day, so too, fruit will be produced every day. A certain student scoffed at him and said: Isn’t it written: There is nothing new under the sun? He said to him: Come and I will show you an example of this in this world. He went outside and showed him a caper bush, part of which is edible during each season of the year. And furthermore: Rabban Gamliel sat and interpreted a verse homiletically: In the future, the World-to-Come, Eretz Yisrael will produce cakes and fine wool garments that will grow in the ground, as it is stated: “Let abundant grain be in the land.” A certain student scoffed at him and said: There is nothing new under the sun. He said to him: Come and I will show you an example in this world. He went outside and showed him truffles and mushrooms, which emerge from the earth over the course of a single night and are shaped like a loaf of bread. And with regard to wool garments, he showed him the covering of a heart of palm, a young palm branch, which is wrapped in a thin net-like covering. Since the Gemara discussed the forbearance of Sages, who remain silent in the face of nonsensical comments, it cites additional relevant examples. The Sages taught in a baraita: A person should always be patient like Hillel and not impatient like Shammai. The Gemara related: There was an incident involving two people who wagered with each other and said: Anyone who will go and aggravate Hillel to the point that he reprimands him, will take four-hundred zuz. One of them said: I will aggravate him. That day that he chose to bother Hillel was Shabbat eve, and Hillel was washing the hair on his head. He went and passed the entrance to Hillel’s house and in a demeaning manner said: Who here is Hillel, who here is Hillel? Hillel wrapped himself in a dignified garment and went out to greet him. He said to him: My son, what do you seek? He said to him: I have a question to ask. Hillel said to him: Ask, my son, ask. The man asked him: Why are the heads of Babylonians oval? He was alluding to and attempting to insult Hillel, who was Babylonian. He said to him: My son, you have asked a significant question. The reason is because they do not have clever midwives. They do not know how to shape the child’s head at birth. That man went and waited one hour, a short while, returned to look for Hillel, and said: Who here is Hillel, who here is Hillel? Again, Hillel wrapped himself and went out to greet him. Hillel said to him: My son, what do you seek? The man said to him: I have a question to ask. He said to him: Ask, my son, ask. The man asked: Why are the eyes of the residents of Tadmor bleary [terutot]? Hillel said to him: My son, you have asked a significant question. The reason is because they live among the sands and the sand gets into their eyes. Once again the man went, waited one hour, returned, and said: Who here is Hillel, who here is Hillel? Again, he, Hillel, wrapped himself and went out to greet him. He said to him: My son, what do you seek? He said to him: I have a question to ask. He said to him: Ask, my son, ask. The man asked: Why do Africans have wide feet? Hillel said to him: You have asked a significant question. The reason is because they live in marshlands and their feet widened to enable them to walk through those swampy areas. That man said to him: I have many more questions to ask, but I am afraid lest you get angry. Hillel wrapped himself and sat before him, and he said to him: All of the questions that you have to ask, ask them. The man got angry and said to him: Are you Hillel whom they call the Nasi of Israel? He said to him: Yes. He said to him: If it is you, then may there not be many like you in Israel. Hillel said to him: My son, for what reason do you say this? The man said to him: Because I lost four hundred zuz because of you. Hillel said to him: Be vigilant of your spirit and avoid situations of this sort. Hillel is worthy of having you lose four hundred zuz and another four hundred zuz on his account, and Hillel will not get upset. The Sages taught: There was an incident involving one gentile who came before Shammai. The gentile said to Shammai: How many Torahs do you have? He said to him: Two, the Written Torah and the Oral Torah. The gentile said to him: With regard to the Written Torah, I believe you, but with regard to the Oral Torah, I do not believe you. Convert me on condition that you will teach me only the Written Torah. Shammai scolded him and cast him out with reprimand. The same gentile came before Hillel, who converted him and began teaching him Torah. On the first day, he showed him the letters of the alphabet and said to him: Alef, bet, gimmel, dalet. The next day he reversed the order of the letters and told him that an alef is a tav and so on. The convert said to him: But yesterday you did not tell me that. Hillel said to him: You see that it is impossible to learn what is written without relying on an oral tradition. Didn’t you rely on me? Therefore, you should also rely on me with regard to the matter of the Oral Torah, and accept the interpretations that it contains. There was another incident involving one gentile who came before Shammai and said to Shammai: Convert me on condition that you teach me the entire Torah while I am standing on one foot. Shammai pushed him away with the builder’s cubit in his hand. This was a common measuring stick and Shammai was a builder by trade. The same gentile came before Hillel. He converted him and said to him: That which is hateful to you do not do to another; that is the entire Torah, and the rest is its interpretation. Go study. There was another incident involving one gentile who was passing behind the study hall and heard the voice of a teacher who was teaching Torah to his students and saying the verse: “And these are the garments which they shall make: A breastplate, and an efod, and a robe, and a tunic of checkered work, a mitre, and a girdle” (Exodus 28:4). The gentile said: These garments, for whom are they designated? The students said to him: For the High Priest. The gentile said to himself: I will go and convert so that they will install me as High Priest. He came before Shammai and said to him: Convert me on condition that you install me as High Priest. Shammai pushed him with the builder’s cubit in his hand. He came before Hillel; he converted him. Hillel said to him, to the convert: Is it not the way of the world that only one who knows the protocols [takhsisei] of royalty is appointed king? Go and learn the royal protocols by engaging in Torah study. He went and read the Bible. When he reached the verse which says: “And the common man that draws near shall be put to death” (Numbers 1:51), the convert said to Hillel: With regard to whom is the verse speaking? Hillel said to him: Even with regard to David, king of Israel. The convert reasoned an a fortiori inference himself: If the Jewish people are called God’s children, and due to the love that God loved them he called them: “Israel is My son, My firstborn” (Exodus 4:22), and nevertheless it is written about them: And the common man that draws near shall be put to death; a mere convert who came without merit, with nothing more than his staff and traveling bag, all the more so that this applies to him, as well. The convert came before Shammai and told him that he retracts his demand to appoint him High Priest, saying: Am I at all worthy to be High Priest? Is it not written in the Torah: And the common man that draws near shall be put to death? He came before Hillel and said to him: Hillel the patient, may blessings rest upon your head as you brought me under the wings of the Divine Presence. The Gemara relates: Eventually, the three converts gathered together in one place, and they said: Shammai’s impatience sought to drive us from the world; Hillel’s patience brought us beneath the wings of the Divine Presence. The Gemara continues discussing the conduct of the Sages, citing that Reish Lakish said: What is the meaning of that which is written: “And the faith of your times shall be a strength of salvation, wisdom, and knowledge, the fear of the Lord is his treasure” (Isaiah 33:6)? Faith; that is the order of Zeraim, Seeds, in the Mishna, because a person has faith in God and plants his seeds (Jerusalem Talmud). Your times; that is the order of Moed, Festival, which deals with the various occasions and Festivals that occur throughout the year. Strength; that is the order of Nashim, Women. Salvations; that is the order of Nezikin, Damages, as one who is being pursued is rescued from the hands of his pursuer. Wisdom; that is the order of Kodashim, Consecrated Items. And knowledge; that is the order of Teharot, Purity, which is particularly difficult to master. And even if a person studies and masters all of these, “the fear of the Lord is his treasure,” it is preeminent. With regard to the same verse, Rava said: After departing from this world, when a person is brought to judgment for the life he lived in this world, they say to him in the order of that verse: Did you conduct business faithfully? Did you designate times for Torah study? Did you engage in procreation? Did you await salvation? Did you engage in the dialectics of wisdom or understand one matter from another? And, nevertheless, beyond all these, if the fear of the Lord is his treasure, yes, he is worthy, and if not, no, none of these accomplishments have any value. There is a parable that illustrates this. A person who said to his emissary: Bring a kor of wheat up to the attic for me to store there. The messenger went and brought it up for him. He said to the emissary: Did you mix a kav of ḥomton, a preservative to keep away worms, into it for me? He said to him: No. He said to him: If so, it would have been preferable had you not brought it up. Of what use is worm-infested wheat? Likewise, Torah and mitzvot without the fear of God are of no value. On a related note, the Gemara cites a halakha that was taught in the school of Rabbi Yishmael: A person who sells wheat may, ab initio, mix a kav of ḥomton into a kor of grain and need not be concerned that by selling it all at the price of grain he will be guilty of theft, as the kav of ḥomton is essential for the preservation of the wheat. Rabba bar Rav Huna said: Any person who has Torah in him but does not have fear of Heaven is like a treasurer [gizbar] to whom they gave keys to the inner doors of the treasury but they did not give keys to the outer door. With what key will he enter? Although the Torah is the inner key, without fear of Heaven one cannot gain access to the genuine Torah. Similarly, Rabbi Yannai would proclaim: Woe unto one who does not have a courtyard, and who makes a fence for the courtyard, i.e., a person who lacks fear of Heaven and is nevertheless involved in Torah study. Rav Yehuda said: The Holy One, Blessed be He, only created His world so that people would fear before Him, as it is stated: “And God has so made it that men should fear before Him” (Ecclesiastes 3:14). The Gemara also related that Rabbi Simon and Rabbi Elazar were sitting. Rabbi Ya’akov bar Aḥa passed and went adjacent to them. One said to the other: Let us stand before him as he is a man who fears sin. The other said to him in response: Let us stand before him, as he is a man of Torah study. He said to him: I said to you that he is a man who fears sin, and you said me that he is a man of Torah study? The former is much greater praise than the latter. The Gemara remarks: Conclude that Rabbi Elazar is the one who said that he is praiseworthy because he is a man who fears sin, as elsewhere he also spoke in praise of fear. As Rabbi Yoḥanan said in the name of Rabbi Elazar: The Holy One, Blessed be He, has in His world only fear of Heaven alone, as it is stated: “And now, Israel, what does the Lord your God ask of you, but to fear the Lord your God” (Deuteronomy 10:12). And it is written: “And unto man He said: Behold [hen], the fear of the Lord, that is wisdom; and to depart from evil is understanding” (Job 28:28), as in the Greek language they call one hen. Apparently, fear of God is of primary importance. The Gemara concludes: Indeed, conclude that Rabbi Elazar is the one who said so. Rav Ulla taught: What is the meaning of that which is written: “Be not overmuch wicked” (Ecclesiastes 7:17)? This appears difficult, as, is that to say that only overmuch one should not be wicked; a little, one should be wicked? Rather, this can be understood based on the following adage: One who ate a clove of garlic and its odor spreads, should he again eat another clove of garlic so that its odor will spread further? If you were somewhat wicked, do not think that it is legitimate to continue and be very wicked. Rava bar Rav Ulla taught: What is the meaning of that which is written: “For there are no pangs [ḥartzubot] at their death and their body is sound” (Psalms 73:4)? The Holy One, Blessed be He, said: Is it not enough for wicked people that they are not anxious [ḥared] or sad [atzuv], ḥartzubot is an acronym of ḥared and atzuv, in anticipation of the day of their death, but also, their heart is as unyielding for them as the entrance to a hall is wide, and they devote no thought to it. And that is what Rabba said: What is the meaning of that which is written: “This is the way of them that are foolish and of those who after them speak approvingly, Selah” (Psalms 49:14)? It means that the wicked know that their path leads to eternal death, but they have fat on their kidneys that prevents that realization from entering their hearts. Lest you say that it is simply forgotten from them; therefore, the verse states: “And of those who after them speak approvingly, Selah” (Psalms 49:14). They are aware of their fate and speak of it, but it does not affect them. We learned in the mishna that if one extinguished a flame on Shabbat because he sought to spare the lamp, the oil, or the wick, he is liable, but Rabbi Yosei exempts in all cases except in a case in which he extinguished the flame to spare the wick. The Gemara asks with regard to Rabbi Yosei: In accordance with whose opinion does he hold with regard to prohibited labor performed on Shabbat not for its own sake? If he holds in accordance with the opinion of Rabbi Yehuda, who holds that one is liable for a prohibited labor performed on Shabbat not for its own sake, then even in all those cases he should also deem him liable. And if he holds in accordance with the opinion of Rabbi Shimon, who holds that one is exempt for a prohibited labor performed on Shabbat not for its own sake, then even in the case of a wick he should also deem him exempt. Ulla said: Actually, Rabbi Yosei holds in accordance with the opinion of Rabbi Yehuda. However, Rabbi Yosei holds that with regard to every destructive action, if he dismantles in order to rebuild in the same place, then it is considered to be dismantling, and he is liable for having performed a prohibited labor on Shabbat. However, one who demolishes in order to build elsewhere it is not considered performance of the prohibited labor of dismantling. He merely performed a destructive act and is not liable. When one extinguishes the flame to spare the lamp or the oil, he does not do so in order to relight them. When he does so to spare the wick, he indicates that he intends to relight the wick. Rabba said to him: That reasoning is implausible. After all, all labors prohibited on Shabbat, we derive them from the labors performed in the Tabernacle, and there it was a case of dismantling in order to build elsewhere. They would dismantle the Tabernacle and reconstruct it at the next encampment. Ulla said to Rabba: That is not a proof, as there, in the case of the Tabernacle, it is different. Since it is written: “At the commandment of the Lord they encamped” (Numbers 9:23). The time and place of their travels and their encampments were not determined by them but rather by the word of God. Consequently, when they took down the Tabernacle it was tantamount to demolishing in order to build in the same place. Since the demolition and the construction were both accomplished at the command of God, there was never a case of destruction without a constructive purpose. And Rabbi Yoḥanan said: Actually, Rabbi Yosei holds in accordance with the opinion of Rabbi Shimon. And as far as the question, what is different about a wick, that can be answered as Rav Hamnuna said, and some say, Rav Adda bar Ahava said: Here, we are dealing with a wick that one must singe before lighting it in order to facilitate its burning, as, in that case, even Rabbi Shimon agrees that extinguishing the flame is prohibited, as, by doing so, he prepares a vessel for use. Rava said: That interpretation is also precise in the language of the mishna, as it was taught in the mishna that one who extinguished a wick is liable because he makes the wick into charcoal intentionally, and it was not taught because charcoal was made on its own. The Gemara concludes: Conclude from it that the mishna is to be understood in that manner. MISHNA: This mishna concludes the aggadic treatment of the topic of kindling the Shabbat lights. For three transgressions women are punished and die during childbirth: For the fact that they are not careful in observing the laws of a menstruating woman, and in separating ḥalla from the dough, and in lighting the Shabbat lamp. GEMARA: The Gemara asks: A woman who was not careful in observing the laws of menstruation, what is the reason that she is punished during childbirth? Rabbi Yitzḥak said: She sinned with regard to the chambers of her womb; therefore, she is afflicted in the chambers of her womb. The Gemara asks: Granted, with regard to menstruation; but with regard to a woman who was not careful in separating ḥalla and in kindling the Shabbat lights, what is there to say? Rather, it must be explained in accordance with that which that Galilean taught before Rav Ḥisda. The Holy One, Blessed be He, said: I placed a quarter [reviit] of a log of blood in you when you were formed, and about matters of the blood of menstruation I warned you. I called you first, as it is stated: “Israel is the Lord’s hallowed portion, His first fruits of the increase” (Jeremiah 2:3) and I warned you about matters of the first: “Of the first of your dough you shall set apart ḥalla for a gift” (Numbers 15:20). The soul that I have placed in you is called ner: “The spirit of man is the lamp [ner] of the Lord” (Proverbs 20:27), and I warned you about matters of the Shabbat lamp. If you fulfill these mitzvot, fine, and if not, then I will take your soul. And, if so, what is different during childbirth? Why does the divine attribute of judgment punish them for dereliction in fulfillment of these mitzvot specifically then? The Gemara cites several folk sayings expressing the concept that when a person is in danger, he is punished for his sins. Rava said: If the ox fell, sharpen the knife to slaughter it. Abaye said: If the maidservant’s insolence abounds, she will be struck by a single blow as punishment for all her sins. So too, when a woman is giving birth and her suffering is great due to Eve’s sin of eating from the Tree of Knowledge, all the punishments for her own sins are added to that suffering. Rav Ḥisda said: Leave the drunk, as he falls on his own. Similarly, the time of birth is a time of danger, and if the Holy One, Blessed be He, does not come to her assistance at that time, that is sufficient to cause her death. Mar Ukva said: The shepherd is crippled, and the goats are running, and he cannot catch them. However, next to the gate, he speaks harsh words, and inside the pen he settles the account. Similarly, as long as a woman is in a healthy state, her sins are in abeyance, and she is not held accountable for them. However, when she is giving birth, which is a time of danger, she is held accountable for her sins and a calculation is made whether or not she is worthy of a miracle. Rav Pappa said: At the entrance to the stores, during a time of prosperity, brothers and loved ones abound. When a person is prospering financially, everyone acts like his brother or friend. However, at the gate of disgrace, during a time of loss and poverty, he has no brothers and no loved ones; everyone abandons him. And the Gemara asks: And where are men examined? When are men vulnerable to judgment and held accountable for their actions? Reish Lakish said: When they are crossing a bridge. The Gemara wonders: Only when they are crossing a bridge and at no other time? Rather, say: Anything like a bridge, any place where danger is commonplace. On a similar note, the Gemara relates: Rav would not cross a river in a ferry in which a gentile sat. He said to himself: Perhaps a judgment will be reckoned with him, and I will be caught together with him when he is punished. Whereas, Shmuel would only cross in a ferry if there was a gentile in it. He said: Satan does not have dominion over two nations. He settles his accounts with people from each nationality separately. Rabbi Yannai would examine the ferry and cross. The Gemara comments that Rabbi Yannai acted in accordance with his reasoning stated elsewhere, as he said: A person should never stand in a place of danger saying that they on High will perform a miracle for him, lest in the end they do not perform a miracle for him. And, moreover, even if they do perform a miracle for him, they will deduct it from his merits. Rabbi Ḥanin said: What is the verse that alludes to this? When Jacob said: “I am not worthy of all the mercies, and of all the truth, which You have shown unto Your servant” (Genesis 32:11), and he explains: Since You have bestowed upon me so much kindness and truth, my merits have been diminished. Similarly, the Gemara relates that Rabbi Zeira would not go out and walk among the palm trees on a day when there was a southern wind blowing due to the fear that the trees might fall on him. In a similar vein, Rav Yitzḥak, son of Rav Yehuda, said: A person should always pray that he will not become ill, as if he becomes ill they say to him: Bring proof of your virtue and exempt yourself. It is preferable for a person not to be forced to prove that he merits staying alive, as he might not be able to prove it. Mar Ukva said: What is the verse that alludes to this? As it says: “When you build a new house, then you shall make a parapet for your roof, that you bring not blood upon your house, if the fallen falls mimenu (Deuteronomy 22:8). He explains: Mimenu, from him proof must be brought. When one falls from his previous situation, it is his own responsibility to prove his innocence and emerge unharmed. The school of Rabbi Yishmael taught: What is the meaning of the phrase: If the fallen falls from it? This person was destined to fall from that roof from the six days of Creation, it was ingrained into nature. As, although he did not yet fall, the verse calls him fallen. Nevertheless, the owner of the house is indicted for this, as merit is engendered by means of the innocent and guilt by means of the guilty. The Sages taught: One who became ill and tended toward death, they say to him: Confess, as all those executed by the courts confess. Even if he is dying of natural causes, it is worthwhile for him to consider his death atonement for his sins. The Sages said: When a person goes out to the marketplace where there are fights and disputes, he should consider himself as someone who has been handed over to a soldier [seradiyot]. If his head hurt, he should consider it as if they placed him in a chain [kolar] around his neck. If he climbed into bed and fell ill, he should consider himself as if they took him up to the gallows to be judged, as with regard to anyone who goes up to the gallows to be judged, if he has great advocates [peraklitin], he is spared, and if not, he is not spared. And with regard to divine judgment, these are a person’s advocates: Repentance and good deeds. The Gemara comments: And even if there are nine hundred ninety-nine asserting his guilt and only one asserting his innocence, he is spared, as it is stated: “If there be for him an angel, an advocate, one among a thousand, to vouch for a man’s uprightness; then He is gracious unto him, and says: Deliver him from going down to the pit, I have found a ransom” (Job 33:23–24). Rabbi Eliezer, son of Rabbi Yosei HaGelili, says: Even if there are nine hundred ninety-nine portions within that same angel accusing him, and one portion asserting his innocence, he is spared, as it stated: “An advocate, one among a thousand.” Even when the advocate who asserts his innocence finds only one-tenth of one percent of innocence in this man, even then, he is gracious unto him, and says: Deliver him from going down to the pit, I have found a ransom. The Sages taught in a baraita: For three transgressions women die in childbirth [yoledot]. Rabbi Elazar has a different version and says that women die when they are young [yeladot]. These transgressions are those enumerated in the mishna: The halakhot of a menstruating woman, ḥalla, and Shabbat lights. Rabbi Aḥa says they are punished for the sin of laundering their children’s feces from clothing on Shabbat. And some say: Because they call the Holy Ark simply ark. Similarly, we learned in a baraita that Rabbi Yishmael ben Elazar says: On account of two sins, ignoramuses [amei haaretz] die young (Rav Ya’akov Emden): Because they call the Holy Ark simply ark, and because they call the synagogue the house of the people. It was taught in a baraita that Rabbi Yosei says: Three crucibles potentially leading to death were created in the woman, and some say: Three accelerants of death. They are: Menstruation, ḥalla, and lighting the Shabbat lights. The Gemara explains that one version, accelerants of death, is in accordance with the opinion of Rabbi Elazar, who said that women die young. And the other one, crucibles of death, is in accordance with the opinion of the Rabbis, who said that women die in childbirth. Similarly, it was taught in a baraita that Rabbi Shimon ben Gamliel says: The halakhot of consecrated items, terumot, and tithes are themselves the essence of Torah and are extremely severe, and they were given, among others, to ignoramuses to fulfill. When they are negligent in the performance of these mitzvot, they are punished for it. It was taught in a baraita that Rabbi Natan says: Due to the sin of vows unfulfilled a person’s wife dies. The allusion is as it is stated: “If you have not the wherewithal to pay, why should He take away your bed from under you?” (Proverbs 22:27). Rabbi Yehuda HaNasi says: Due to the sin of vows unfulfilled, children die when they are young, as it is stated: “Better is it that you should not vow, than that you should vow and not pay. Suffer not your mouth to bring your flesh into guilt, neither say you before the messenger that it was an error; wherefore should God be angry at your voice and destroy the work of your hands?” (Ecclesiastes 5:4–5). What is the work of a person’s hands? You must say that it is a person’s sons and daughters. In order to clarify which sins cause one’s young children to die, the Gemara cites what the Sages taught in a baraita: For the sin of vows, one’s children die, this is the statement of Rabbi Elazar, son of Rabbi Shimon. Rabbi Yehuda HaNasi says: For the sin of dereliction in the study of Torah. The Gemara asks: Granted, according to the opinion of the one who said that one’s children die due to the sin of vows, as we stated above. However, according to the opinion of the one who said that one’s children die due to sin of dereliction in the study of Torah, what is the verse that supports this? The Gemara replies: As it is written: “In vain have I smitten your children; they received no morality” (Jeremiah 2:30). Children die because their fathers did not accept the morality, the Torah. Rav Naḥman bar Yitzḥak said: According to the one who said that one’s children die because of the sin of vows, it can also be derived from here: In vain have I smitten your children; on matters of vanity, i.e., when one vows in vain and does not fulfill it. The Gemara asks: After all, Rabbi Yehuda HaNasi is Rabbi, and it was taught in a Tosefta that Rabbi said that one’s children die because of the sin of vows. How then could it be that Rabbi Yehuda HaNasi said that it is due to the sin of dereliction in the study of Torah? The Gemara answers: After he heard it from Rabbi Elazar, son of Rabbi Shimon, he reconsidered and taught in accordance with Rabbi Elazar’s opinion. On the same topic, Rabbi Ḥiyya bar Abba and Rabbi Yosei disagree. One said that children die due to the sin of not affixing a mezuza to one’s doorpost. And one said children die due to the sin of dereliction in the study of Torah. According to the one who said that children die because of the sin of not affixing a mezuza, his opinion there is based on an exegetical principle, which states that a verse is interpreted homiletically based on juxtaposition to the verse immediately preceding it and not on juxtaposition to the verse before the one preceding it. In this case, it says: “That your days may be multiplied, and the days of your children” (Deuteronomy 11:21), and the preceding verse says: “And you shall write them upon the doorposts of your house, and upon your gates” (Deuteronomy 11:20). And according to the one who said that children die due to the sin of dereliction in the study of Torah, that is because in his opinion the exegetical principle is that a verse is interpreted homiletically based on juxtaposition to the verse immediately preceding it, as well as to the verse before the one preceding it. In his opinion, the blessing of long life also relates to the verse before the one immediately preceding it: “And you shall teach them your children, talking of them” (Deuteronomy 11:19). The tannaim Rabbi Meir and Rabbi Yehuda also disagreed about this. One said: Children die due to the sin of mezuza, and one said children die due to the sin of not affixing ritual fringes. The Gemara asks: Granted, according to the opinion of the one who said that children die due to the sin of mezuza, it is based on the juxtaposition of the verses, as it is written: “And you shall write them upon the doorposts of your house, and upon your gates,” and it says thereafter: “That your days may be multiplied, and the days of your children.” However, according to the one who said that children die because of the sin of ritual fringes, what is the reason? What is the connection between these matters? Rav Kahana said, and some say that it was Sheila Mari: It is homiletically interpreted as is written: “Also in your corners is found the blood of the souls of the innocent poor” (Jeremiah 2:34). Due to one’s failure to affix ritual fringes to the corners of his garments, the innocent poor, young children, who have not had opportunity to sin, die. Rav Naḥman bar Yitzḥak said: According to the one who said that children die because of the sin of mezuza, it is also derived from here, as it is written in the continuation of that verse: “You did not find them breaking in; yet for all these things.” We see that this punishment comes because they made entrances like a thief’s breach in the wall. They did not place mezuzot in their entrances. Since the Gemara discussed the importance of the mitzva of ritual fringes, it cites that which Reish Lakish said: Anyone who is vigilant in performing the mitzva of ritual fringes merits that two thousand eight hundred servants will serve him in the World-to-Come. As it is stated: “Thus says the Lord of hosts: In those days it shall come to pass, that ten men shall take hold, out of all the languages of the nations, shall even take hold of the corner of the garment of him that is a Jew, saying: We will go with you, for we have heard that God is with you” (Zechariah 8:23). On each corner of a Jewish person’s garment with ritual fringes, ten people from each of the seventy nations will take hold. That totals seven hundred people on each corner; 2,800 people altogether. Together with these statements, the Gemara cites a mnemonic for additional rabbinic adages with regard to punishments for various sins: Hate, ḥalla, teruma, stolen, judgment, oath, pouring, uncovering, and vulgarity. It was taught in a baraita, Rabbi Neḥemya says: Due to the sin of gratuitous hatred that one has for another, the punishment is great discord within a person’s home, and his wife miscarries, and his sons and daughters die when they are young. Rabbi Elazar, son of Rabbi Yehuda, said: Due to the sin of failure to separate ḥalla from the dough, no blessing takes effect on the grain gathered in the storehouse and a curse spreads to the prices of crops, which increase, and they plant seeds and others eat their yield, as it is stated: “I also will do this unto you: I will appoint terror [behala] over you, even consumption and fever, that shall make the eyes to fail and the soul to languish; and you shall sow your seed in vain, for your enemies shall eat it” (Leviticus 26:16). Do not read it behala; rather, read it as beḥalla. Due to negligence in the separation of ḥalla from the dough, these punishments come. And if they give ḥalla, they are blessed, as it is stated: “And the first of your dough you shall give unto the priest to cause a blessing to rest on your house” (Ezekiel 44:30). They also said: Due to the sin of abrogation of terumot and tithes, the heavens are prevented from pouring down dew and rain, and expense prevails, and profit is lost, and people pursue their livelihood but do not attain it, as it is stated: “Drought and heat consume the snow waters; so does the netherworld those that have sinned” (Job 24:19). The Gemara asks: What is the inference? How is that concept derived from this verse? The school of Rabbi Yishmael taught that it should be explained as follows: Due to the things that I commanded you during the summer, separating terumot and tithes from the summer crops, and you did not do them, the snow waters will be robbed from you during the rainy season. And if people give terumot and tithes, they are blessed, as it is stated: “Bring you the whole tithe into the storehouse, that there may be food in My house, and try Me now with this, says the Lord of Hosts, if I will not open you the windows of heaven, and pour you out a blessing, that there shall be more than sufficiency [ad bli dai]” (Malachi 3:10). The Gemara asks: What is the meaning of: More than sufficiency [ad bli dai]? Rami bar Rav said that Rav said: It means that the abundance will be so great that your lips will be worn out [yivlu], similar to the word beli, from saying enough [dai]. Due to the sin of robbery, locusts emerge, and famine prevails, and people eat the flesh of their sons and daughters, as it is stated: “Hear this word, you cows of Bashan, that are in the mountain of Samaria, that oppress the poor, that crush the needy, that say unto their lords: Bring, that we may feast” (Amos 4:1). Afterward it says: “And I also have given you cleanness of teeth in all your cities, and want of bread in all your places” (Amos 4:6), which refers to famine. Rava said: The cows of Bashan; like those women of the city of Meḥoza, who eat and do nothing to support themselves, and cause their husbands to commit the sin of theft. And it is written: “I have smitten you with blight and mildew; the multitude of your gardens and your vineyards and your fig trees and your olive trees has the palmerworm devoured” (Amos 4:9). And it is written: “That which the palmerworm has left the locust has eaten; and that which the locust has left the cankerworm has eaten; and that which the cankerworm has left the caterpillar has eaten” (Joel 1:4). And it is written: “And one snatches on the right hand, and is hungry; and he eats on the left hand, and is not satisfied; they eat every man the flesh of his own arm [besar zeroo]” (Isaiah 9:19). Do not read it: The flesh of his own arm [besar zeroo]; rather, the flesh of his own offspring [besar zaro]. All the punishments for theft listed above were explicitly mentioned in the verses. Furthermore, the Sages said that due to the sin of delay of justice, i.e., judges delay issuing their rulings due to personal considerations, and for distortion of justice, i.e., judges intentionally distort their verdicts, and for miscarriage of justice that results from negligence, and for dereliction in the study of Torah, violence and looting abound in the world, and pestilence and famine come, and people eat and are not sated, and they eat their bread measured by weight. As it is written: “And I will bring a sword upon you, that shall execute the vengeance of the covenant; and you shall be gathered together within your cities; and I will send the pestilence among you; and you shall be delivered into the hand of the enemy” (Leviticus 26:25). And covenant means nothing other than Torah, as it is stated: “If My covenant be not with day and night, if I have not appointed the ordinances of heaven and earth” (Jeremiah 33:25). The study of Torah is the mitzva practiced both day and night. And it is written with regard to this punishment: “When I break your staff of bread, ten women shall bake your bread in one oven, and they shall deliver your bread again by weight; and ye shall eat, and not be satisfied” (Leviticus 26:26). And it is written: “Even because they rejected My ordinances, and their soul abhorred My statutes” (Leviticus 26:43). All of these punishments result from breaching the covenant of the Torah and the perversion of justice. Due to the sin of an oath taken in vain and a false oath, and desecration of God’s name, and desecration of Shabbat, wild beasts abound in the world, and domesticated animals cease to exist, and human beings decrease in number, and the roads become desolate, as it is stated: “And if in spite of these [beeleh] things you will not be corrected unto Me, but will walk contrary unto Me casually” (Leviticus 26:23). Do not read of these [beeleh]; rather, due to a vain oath [beala]. And it is written that the punishment for this is: “And I will send the beast of the field among you, which shall rob you of your children, and destroy your cattle, and make you few in number; and your ways shall become desolate” (Leviticus 26:22). And it is written with regard to a false oath: “And you shall not swear by My name falsely, so that you desecrate [veḥillalta] the name of your God: I am the Lord” (Leviticus 19:12). And it is written with regard to desecrating the name of God: “And you shall not desecrate [teḥallelu] My Holy Name” (Leviticus 22:32). And it is written with regard to desecrating Shabbat: “Every one that desecrates it [meḥaleleha] shall surely be put to death” (Exodus 31:14). And derive by means of a verbal analogy [gezera shava] desecration [ḥillul] of Shabbat from desecration [ḥillul] of a false oath. Just as punishment for a false oath is desolation and wild beasts, one receives the same punishment for desecrating Shabbat and the name of God. Due to the sin of bloodshed, the Holy Temple is destroyed, and the Divine Presence leaves Israel, as it says: “So you shall not pollute the land wherein you are; for blood, it pollutes the land; and no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it. And you shall not defile the land which you inhabit, in the midst of which I dwell; for I the Lord dwell in the midst of the children of Israel” (Numbers 35:33–34). However, if you defile the land, you will not inhabit it, and I will not dwell in it. Due to the sin of prohibited sexual relations, and idol worship, and failure to let the land lie fallow during the Sabbatical and Jubilee Years, exile comes to the world and they exile the Jewish people from their land, and others come and settle in their place. As it is stated with regard to illicit sexual relations: “For all these abominations have the men of the land done, that were before you, and the land is defiled; that the land expel not you also, when you defile it, as it expelled the nation that was before you” (Leviticus 18:27–28). And it is written: “And the land was defiled, therefore I did visit the iniquity thereof upon it, and the land expelled her inhabitants” (Leviticus 18:25). And it is written: “That the land expel not you also, when you defile it, as it expelled the nation that was before you.” And with regard to idol worship it is written: “And I will cast your carcasses upon the carcasses of your idols” (Leviticus 26:30). And it is written: “And I will bring your sanctuaries unto desolation, and I will not smell the savor of your sweet odors” (Leviticus 26:31). “And you will I scatter among the nations, and I will draw out the sword after you; and your land shall be a desolation, and your cities shall be a waste” (Leviticus 26:33). With regard to the sin of failure to observe the Sabbatical and Jubilee Years it is written: “Then shall the land be paid her Sabbaths, as long as it lies desolate, and you are in your enemies’ land; even then shall the land rest, and repay her Sabbaths” (Leviticus 26:34). And it is written: “As long as it lies desolate it shall have rest; even the rest which it had not in your Sabbaths, when you dwelt upon it” (Leviticus 26: 35). Due to the sin of vulgar speech, troubles abound, and harsh decrees are renewed, and the youth among the enemies of Israel, a euphemistic reference to Israel, die, and orphans and widows cry out for help and are not answered, as it is stated: “Therefore the Lord shall have no joy in their young men, neither shall He have compassion on their fatherless and widows; for everyone is ungodly and an evildoer, and every mouth speaks wantonness. For all this His anger is not turned away, but His hand is stretched out still” (Isaiah 9:16). The Gemara explains: What is the meaning of the phrase: But His hand is stretched out still? Rabbi Ḥanan bar Rava said: Everybody knows why the bride enters the wedding canopy. There is no secret revealed. Nevertheless, anyone who speaks vulgarly about it, even if they, on High, sealed for him a decree of seventy years of good fortune, they will reverse it to bad fortune because of this sin. And Rabba bar Sheila said that Rav Ḥisda said: Anyone who speaks vulgarly, they deepen Gehenna for him, as it is stated: “The mouth that speaks perversity is a deep pit: he that is abhorred of the Lord shall fall therein (Proverbs 22:14), i.e., Gehenna is deepened for one who speaks vulgarly. Rav Naḥman bar Yitzḥak said: Even one who hears vulgar speech and is silent is punished, as it is stated: “He that is abhorred of the Lord shall fall therein,” even if he himself does not speak at all. And in a similar vein, Rav Oshaya said: Anyone who prepares himself to commit a sin, wounds and bruises emerge on him, as it is stated: “Sharp wounds for one devoted to evil; so do stripes that reach the inward parts” (Proverbs 20:30). And not only that, but he is sentenced to suffer from the disease of edema [hidrokan], as it is stated: So do stripes that reach the inward parts. Rav Naḥman bar Yitzḥak said: A sign indicating one who committed a sin is the disease hidrokan, which afflicts the inner parts. The Sages taught in a baraita: There are three types of hidrokan: The one that comes as punishment for sin is thick; and that which is the result of hunger is swollen, but not as thick; and the one caused by witchcraft is thin, and the flesh of the sick person becomes thin in other places. The Gemara relates: Shmuel HaKatan fell ill with hidrokan. He said: Master of the Universe, who will draw lots, meaning, who will be able to determine that this hidrokan is not the consequence of sin? He was cured. Abaye also fell ill with hidrokan. Rava testified and said about him: I know about Naḥmani, Abaye, that he starves himself and that his hidrokan is the result of hunger. The Gemara relates that Rava fell ill with hidrokan, and they asked: But Rava did not starve himself, and there is no reason to suspect him of sin, and we cannot say that he contracted hidrokan because he did not relieve himself on time. Rava knew to relieve himself, as it is he who said: More have been killed due to the chamber pot, because they were not careful about relieving themselves in a timely manner, than those swollen due to starvation. The Gemara answers: Rava is different because the Sages compel him to remain in place against his will while he lectures. Since he could not relieve himself, he became sick with hidrokan. On a related note, the Sages taught in a baraita that there are four signs: A sign of sin is hidrokan, a sign of gratuitous hatred is jaundice, a sign of arrogance is poverty, and a sign of slander is askara. The Sages taught: Askara comes to the world as punishment for neglecting to separate tithes. Rabbi Elazar, son of Rabbi Yosei, says: Askara comes as punishment for slander. Rava said, and some say that it was Rabbi Yehoshua ben Levi who said it: What is the verse that alludes to this? “But the king shall rejoice in God; every one that swears by Him shall glory; for the mouth of them that speak lies shall be stopped” (Psalms 63:12). The punishment for lying is that the mouth will be stopped. Askara affects the mouth along with other parts of the body. A dilemma was raised before those who were sitting in the study hall: Did Rabbi Elazar, son of Rabbi Yosei, say that askara comes as punishment only for slander, or perhaps he said it was also for slander? Come and hear a resolution to this dilemma from that which was taught in a baraita: When our Sages entered the vineyard in Yavne, Rabbi Yehuda, and Rabbi Elazar, son of Rabbi Yosei, and Rabbi Shimon were there, and a question was asked before them with regard to this plague of askara: Why does it begin in the intestines and end in the mouth? Rabbi Yehuda, son of Rabbi Ila’i, who was the head of the speakers in every place, responded and said: Even though the kidneys advise, and the heart understands, and the tongue shapes the voice that emerges from the mouth, still, the mouth completes the formation of the voice. Therefore, the disease begins in the same place that slander begins and it ends in the mouth. Rabbi Elazar, son of Rabbi Yosei, responded and said: This disease ends in the mouth because one eats with it non-kosher things. They immediately wondered about this: Does it enter your mind to say that askara is caused by eating non-kosher food? Are those who eat non-kosher food so numerous? Rather, it comes as a punishment for eating foods that were not ritually prepared, i.e., were not tithed. Rabbi Shimon responded and said: This disease comes as a punishment for the sin of dereliction in the study of Torah. They said to him: Women will prove that dereliction in the study of Torah is not the cause, as they are not obligated to study Torah and, nevertheless, they contract askara. He answered them: They are punished because they cause their husbands to be idle from the study of Torah. They said to him: Gentiles will prove that this is not the cause, as they also contract askara even though they are not obligated to study Torah. He answered them: They are also punished because they cause Israel to be idle from the study of Torah. They said to him: Children will prove that this is not the cause, for they are not at all obligated to study Torah and they also suffer from askara. He answered them: They are punished because they cause their fathers to be idle from the study of Torah. They said to him: School children will prove that this is not the cause, as they study Torah and, nevertheless, they suffer from askara. The Gemara answers: There, it must be understood in accordance with the statement of Rabbi Guryon, as Rabbi Guryon said, and some say that it was Rav Yosef, son of Rabbi Shemaya, who said it: At a time when there are righteous people in the generation, the righteous are seized, i.e., they die or suffer, for the sins of the generation. If there are no righteous people in the generation, school children, who are also without sin, are seized for the sins of the generation. Rabbi Yitzḥak bar Ze’iri said, and some say that Rabbi Shimon ben Nezira said: What is the verse that alludes to this? “If you know not, you fairest among women, go your way forth by the footsteps of the flock and feed your kids, beside the shepherds’ tents [mishkenot]” (Song of Songs 1:8). And we say in explanation of this verse: They are the lambs that are taken as collateral [hamemushkanin], which is etymologically similar to the word mishkenot, in place of the shepherds. If the shepherds and leaders of the generation corrupt the multitudes, young children die because of their sins. With regard to the dilemma, conclude from it that Rabbi Elazar, son of Rabbi Yosei, said that the illness of askara also results from slander, as the baraita provides an additional cause of the illness. The Gemara comments: Indeed, conclude from it. In this baraita Rabbi Yehuda is described as head of the speakers in every place. The Gemara asks: And why did they call him head of the speakers in every place? The Gemara relates that this resulted due to an incident that took place when Rabbi Yehuda and Rabbi Yosei and Rabbi Shimon were sitting, and Yehuda, son of converts, sat beside them. Rabbi Yehuda opened and said: How pleasant are the actions of this nation, the Romans, as they established marketplaces, established bridges, and established bathhouses. Rabbi Yosei was silent. Rabbi Shimon ben Yoḥai responded and said: Everything that they established, they established only for their own purposes. They established marketplaces, to place prostitutes in them; bathhouses, to pamper themselves; and bridges, to collect taxes from all who pass over them. Yehuda, son of converts, went and related their statements to his household, and those statements continued to spread until they were heard by the monarchy. They ruled and said: Yehuda, who elevated the Roman regime, shall be elevated and appointed as head of the Sages, the head of the speakers in every place. Yosei, who remained silent, shall be exiled from his home in Judea as punishment, and sent to the city of Tzippori in the Galilee. And Shimon, who denounced the government, shall be killed. Rabbi Shimon bar Yoḥai and his son, Rabbi Elazar, went and hid in the study hall. Every day Rabbi Shimon’s wife would bring them bread and a jug of water and they would eat. When the decree intensified, Rabbi Shimon said to his son: Women are easily impressionable and, therefore, there is room for concern lest the authorities torture her and she reveal our whereabouts. They went and they hid in a cave. A miracle occurred and a carob tree was created for them as well as a spring of water. They would remove their clothes and sit covered in sand up to their necks. They would study Torah all day in that manner. At the time of prayer, they would dress, cover themselves, and pray, and they would again remove their clothes afterward so that they would not become tattered. They sat in the cave for twelve years. Elijah the Prophet came and stood at the entrance to the cave and said: Who will inform bar Yoḥai that the emperor died and his decree has been abrogated? They emerged from the cave, and saw people who were plowing and sowing. Rabbi Shimon bar Yoḥai said: These people abandon eternal life of Torah study and engage in temporal life for their own sustenance. The Gemara relates that every place that Rabbi Shimon and his son Rabbi Elazar directed their eyes was immediately burned. A Divine Voice emerged and said to them: Did you emerge from the cave in order to destroy My world? Return to your cave. They again went and sat there for twelve months. They said: The judgment of the wicked in Gehenna lasts for twelve months. Surely their sin was atoned in that time. A Divine Voice emerged and said to them: Emerge from your cave. They emerged. Everywhere that Rabbi Elazar would strike, Rabbi Shimon would heal. Rabbi Shimon said to Rabbi Elazar: My son, you and I suffice for the entire world, as the two of us are engaged in the proper study of Torah. As the sun was setting on Shabbat eve, they saw an elderly man who was holding two bundles of myrtle branches and running at twilight. They said to him: Why do you have these? He said to them: In honor of Shabbat. They said to him: And let one suffice. He answered them: One is corresponding to: “Remember the Shabbat day, to keep it holy” (Exodus 20:8), and one is corresponding to: “Observe the Shabbat day, to keep it holy” (Deuteronomy 5:12). Rabbi Shimon said to his son: See how beloved the mitzvot are to Israel. Their minds were put at ease and they were no longer as upset that people were not engaged in Torah study. Rabbi Pineḥas ben Ya’ir, Rabbi Shimon’s son-in-law, heard and went out to greet him. He brought him into the bathhouse and began tending to his flesh. He saw that Rabbi Shimon had cracks in the skin on his body. He was crying, and the tears fell from his eyes and caused Rabbi Shimon pain. Rabbi Pineḥas said to Rabbi Shimon, his father-in-law: Woe is me, that I have seen you like this. Rabbi Shimon said to him: Happy are you that you have seen me like this, as had you not seen me like this, you would not have found in me this prominence in Torah, as the Gemara relates: At first, when Rabbi Shimon ben Yoḥai would raise a difficulty, Rabbi Pineḥas ben Ya’ir would respond to his question with twelve answers. Ultimately, when Rabbi Pineḥas ben Ya’ir would raise a difficulty, Rabbi Shimon ben Yoḥai would respond with twenty-four answers. Rabbi Shimon said: Since a miracle transpired for me, I will go and repair something for the sake of others in gratitude for God’s kindness, as it is written: “And Jacob came whole to the city of Shechem, which is in the land of Canaan, when he came from Paddan-aram; and he graced the countenance of the city” (Genesis 33:18). Rav said, the meaning of: And Jacob came whole, is: Whole in his body, whole in his money, whole in his Torah. And what did he do? And he graced the countenance of the city; he performed gracious acts to benefit the city. Rav said: Jacob established a currency for them. And Shmuel said: He established marketplaces for them. And Rabbi Yoḥanan said: He established bathhouses for them. In any event, clearly one for whom a miracle transpires should perform an act of kindness for his neighbors as a sign of gratitude. He said: Is there something that needs repair? They said to him: There is a place where there is uncertainty with regard to ritual impurity and the priests are troubled by being forced to circumvent it, as it is prohibited for them to become ritually impure from contact with a corpse. There was suspicion, but no certainty, that a corpse was buried there. Therefore, they were unable to definitively determine its status. Rabbi Shimon said: Is there a person who knows that there was a presumption of ritual purity here? Is there anyone who remembers a time when this place was not considered ritually impure, or that at least part of it was considered to be ritually pure? An Elder said to him: Here ben Zakkai planted and cut the teruma of lupines. In this marketplace Rabbi Yoḥanan ben Zakkai, who himself was a priest, once planted lupines that were given to him as teruma. On that basis, the conclusion can be drawn that it was definitely ritually pure. Rabbi Shimon, like Jacob, also did so and took steps to improve the city and examined the ground (Tosafot). Everywhere that the ground was hard, he pronounced it ritually pure as there was certainly no corpse there, and every place that the ground was soft, he marked it indicating that perhaps a corpse was buried there. In that way, he purified the marketplace so that even priests could walk through it. A certain Elder said in ridicule and surprise: Ben Yoḥai purified the cemetery. Rabbi Shimon got angry and said to him: Had you not been with us, and even had you been with us and were not counted with us in rendering this ruling, what you say is fine. You could have said that you were unaware of my intention or that you did not agree or participate in this decision. Now that you were with us and were counted with us in rendering this ruling, you will cause people to say that Sages are unwilling to cooperate with one another. They will say: If competing prostitutes still apply makeup to each other to help one another look beautiful, all the more so that Torah scholars should cooperate with each other. He directed his eyes toward him and the Elder died. Rabbi Shimon went out to the marketplace and he saw Yehuda, son of converts, who was the cause of this entire incident. Rabbi Shimon, said: This one still has a place in the world? He directed his eyes toward him and turned him into a pile of bones. MISHNA: There are three things a person must say in his home on Shabbat eve at nightfall and not before. The mishna elaborates: He should ask the members of his household, have you tithed the crop that required tithing? Have you placed the eiruv for joining the courtyards and joining the Shabbat borders? If you have done so, light the lamp in honor of Shabbat. The Sages stated a principle: If the time arrives on Friday when there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, one may not tithe the crop that has definitely not been tithed, and one may not immerse ritually impure vessels in a ritual bath to render them ritually pure, and one may not light the Shabbat lights. However, one may tithe demai, doubtfully tithed produce, which must be tithed due to mere suspicion. And one may place an eiruv and insulate the hot water to be used on Shabbat. GEMARA: The Gemara attempts to clarify: From where are these matters, that one must ask these questions in his home at nightfall of Shabbat, derived? Rabbi Yehoshua ben Levi said: As the verse said: “And you shall know that your tent is in peace; and you shall visit your habitation, and shall not sin” (Job 5:24). From here it is derived that one should visit his habitation, i.e., ask in his home, so that he will not come to sin. Rabba bar Rav Huna said: Although the Sages said that there are three things a person should, indeed he is required to, say in his home on Shabbat eve at nightfall, one must say them calmly so that the members of his household will accept them from him. If he says them harshly, his family members may mislead him and cause him to sin. Rav Ashi said: I did not hear this halakha of Rabba bar Rav Huna, but I fulfilled it based on my own reasoning. The Gemara asks: This mishna itself is difficult, as it contains an internal contradiction. On the one hand, you stated initially that there are three things a person must say in his home before Shabbat at nightfall, and this means: At nightfall, i.e., before nightfall, yes, he should say those things; when there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, no, he should not say them. Even if one were to ask then, it is no longer permitted to correct these matters. And then it taught: When there is uncertainty whether it is nightfall and uncertainty whether it is not yet nightfall, one may place an eiruv. One may correct the situation even then. Why did the mishna restrict asking these questions to an earlier time? Incidentally, prior to answering this question, the Gemara lists all of the other halakhot in tractate Shabbat stated by the Sage who answers the question, with the mnemonic: Self, pruning, bird, cord, silk. Rabbi Abba said that Rabbi Ḥiyya bar Ashi said that Rav said: This is not difficult and there is no contradiction here. Here, at the beginning of the mishna, where it indicates that the eiruv can only be placed while it is still day, it is referring to the joining of Shabbat boundaries, which is based on a Torah law. Therefore, one must place this eiruv while it is definitely day. And here, where the mishna said that it is permitted even when it is uncertain whether or not it is already nighttime, it is referring to the joining of courtyards, which is more lenient and based merely on a stringency. In connection to this, the Gemara cites the halakha that Rava said in order to emphasize the rabbinic aspect of the halakhot of eiruv: One to whom two people said: Go and place an eiruv, a joining of courtyards (Rabbeinu Ḥananel), for us. For one of them he placed an eiruv while it was still day, and for one he placed an eiruv at twilight, when it is uncertain whether it is day or night. The one for whom he placed an eiruv while it was still day had his eiruv eaten during twilight, and the one for whom he placed an eiruv during twilight had his eiruv eaten after nightfall. The principle is as follows: Whether or not an eiruv takes effect is determined at the moment that Shabbat begins. If one placed the eiruv beforehand, and it remains intact at the moment Shabbat begins, the eiruv is in effect. However, if the eiruv that was placed at the appropriate time was eaten during twilight, it is problematic. Twilight is a period of uncertainty. There is uncertainty whether it is day, and consequently the eiruv was not in place at the moment that Shabbat began, or whether it is night, and it was in place. In the latter case, there is still uncertainty as to whether or not the eiruv was in place prior to Shabbat, so that it could take effect at all. In that case, Rava ruled that both of them acquired the eiruv. The Gemara is surprised by this: Whichever way you look at it, this ruling is difficult. If the twilight period is considered day, let the latter one acquire his eiruv, but let the first one not acquire his because his eiruv was eaten while it was still day. And if the twilight period is night, let the first one acquire his eiruv, but let the latter one not acquire his eiruv because his was not placed before Shabbat. In any event, it is impossible for the eiruv in both of these cases to be valid. The Gemara answers this according to Rava’s position: The status of twilight is uncertain, as it is unknown whether it is day, or night, or both, and uncertainty in the case of a rabbinic ordinance is ruled leniently. Therefore, in both cases the eiruv is acquired. And Rava said: Why did they say that one may not insulate hot water even in something that does not add heat, but only retains the pre-existing heat, from nightfall on Friday? It is a decree lest one come to boil the pot on Shabbat. Abaye said to him: If so, if it is due to concern that one may boil it, then during twilight we should also issue a decree and prohibit insulating in something that does not add heat. Rava said to him: During twilight, there is no reason to be concerned because at that time most pots are boiling, as they have just been taken off of the fire. Later at night the pots cool down and it is conceivable that one may come to boil them in order to restore the heat. And Rava said: Why did the Sages say that one may not insulate hot water for Shabbat in something that adds heat, even while it is still day? It is a decree lest one come to cover it in hot ashes that contain a glowing ember. People may not differentiate between addition of heat by means of hot ashes and other additions of heat. Abaye said to him: Let him insulate it with hot ashes, what is the problem? Rava answered him: It is a decree lest one come to stoke the coals in order to make them burn on Shabbat and thereby violate a Torah prohibition. The Sages taught a baraita which discusses the range of problems that arise with regard to the twilight period. Twilight is a period of uncertainty. It is uncertain whether it consists of both day and night, it is uncertain whether it is completely day, and it is uncertain whether it is completely night. Therefore, the Sages impose the stringencies of both days upon it. If there is a stringency that applies on either of the days, one is obligated to adhere to it during the twilight period. Nevertheless, the definition of twilight is uncertain. And what is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. If the upper segment has lost its color, and its color equals that of the lower one, it is night; this is the statement of Rabbi Yehuda. Rabbi Neḥemya says: The duration of the twilight period is the time it takes for a person to walk half a mil after the sun sets. Rabbi Yosei says: Twilight does not last for a quantifiable period of time; rather, it is like the blink of an eye: This, night, enters and that, day, leaves, and it is impossible to calculate it due to its brevity. It was taught in the baraita that the Master said: The Sages impose the stringencies of both days upon twilight. The Gemara asks: With regard to what halakha was this stated? Rav Huna, son of Rav Yehoshua, said: With regard to the matter of ritual impurity, as we learned in a mishna: With regard to a zav who saw an emission for two consecutive days during twilight, it is unclear whether it should be considered as if he only saw the emission for a single day, as perhaps twilight of the first day was part of the following day, and twilight of the second day was part of the previous day; or, whether it should be considered as two days, attributing each twilight to either the previous or the following day; or, whether it should be considered three days, as it is possible to view the twilight period as two days. By Torah law, a zav who saw two emissions is ritually impure, and all of the stringencies of a zav apply to him. If he sees a third emission, he is liable to bring an offering as part of his purification ritual. Therefore, this zav, with regard to whom there is uncertainty whether he saw emissions for one day, two days, or three days, has uncertain status with regard to both ritual impurity and to sacrifice. If he saw an emission one day during twilight, he has uncertain status with regard to ritual impurity because it may be considered two days. The Gemara comments on the baraita cited by the Gemara. This baraita is itself difficult, self-contradictory. Initially you said, what is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. By inference, if the bottom segment lost its color, and the upper one has not lost its color, it is night. And then the baraita taught: If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. There is an apparent internal contradiction in the baraita. Rabba said that Rav Yehuda said that Shmuel said: In order to resolve the contradiction, unify the two statements and teach it as follows: What is twilight? From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun. If the lower segment of the sky has lost its color and the upper segment has not yet lost its color, that is also the twilight period. Only if the upper segment lost its color, and it equals that of the lower one, is it night. And Rav Yosef said that Rav Yehuda said that Shmuel said otherwise: From when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun, it is day. If the lower segment of the sky has lost its color, and the upper segment has not yet lost its color, that is the twilight period. If the upper segment lost its color and it equals that of the lower one, it is night. And the Gemara remarks: In this dispute over the precise definition of twilight both Rabba and Rav Yosef follow their line of reasoning stated elsewhere. As it was stated: What is the measure of the duration of twilight? Rabba said that Rav Yehuda said that Shmuel said: The time it takes to walk three parts of a mil. The Gemara asks: What is the meaning of three parts of a mil? If you say that it refers to three halves of a mil, let him say a mil and a half. Rather, if you say that it means three-thirds of a mil, let him simply say one mil. Rather, it means three-quarters of a mil. And Rav Yosef said that Rav Yehuda said that Shmuel said: The duration of twilight is two parts of a mil. Again the Gemara asks: What is the meaning of two parts of a mil? If you say that it means two halves of a mil, let him simply say one mil. Rather, if you say that it means two-quarters of a mil, let him say instead: Half of a mil. Rather, it means two-thirds of a mil. The Gemara explains: What is the practical difference between them? The practical difference between them is half of one-sixth [danka], i.e., one-twelfth of a mil. Their disputes are consistent, as the duration of twilight according to Rav Yosef is shorter than its duration according to Rabba. The Gemara comments: And with regard to the legal status of a wicker vessel their dispute is the opposite. In that case, the size of the vessel permitted by Rav Yosef is larger than the size of the vessel permitted by Rabba. As Rabba said with regard to a wicker vessel with a capacity of two kor, one is permitted to move it on Shabbat. And one with a capacity of three kor, one is prohibited to move it on Shabbat. It is much larger than the dimensions of a vessel and one is only permitted to move vessels on Shabbat. And Rav Yosef said: A vessel with a capacity of three kor, one is also permitted to move it, and only one with a capacity of four kor, it is prohibited to move. Abaye said: I raised the dilemma before my Master, Rabba, when it was practical, when I actually needed to know what to do, and he did not permit me to move even a vessel with a capacity of two kor. The Gemara explains: In accordance with whose opinion did Rabba issue his practical halakhic ruling? In accordance with the opinion of this tanna that we learned in the mishna discussing the laws of ritual purity: A round straw barrel, and a round barrel made of reeds, and the cistern of an Alexandrian ship, which is a large vessel placed on a boat and filled with potable water, although these vessels have bottoms, i.e., they are receptacles, since they have a capacity of forty se’a of liquid, which is the equivalent of two kor of dry goods, they are ritually pure. Even if they come into contact with a source of ritual impurity, they do not become impure. Beyond a certain size, containers are no longer considered vessels and, consequently, cannot become ritually impure. Rabba held: Since with regard to the halakhot of ritual impurity a vessel of two kor is not considered a vessel, it may not be moved on Shabbat. With regard to this mishna, Abaye said: Learn from it that the surplus of dry goods in a vessel relative to liquids is one-third of the contents of the vessel. It says in the mishna that a vessel that can hold forty se’a of liquid holds two kor of dry produce, which is the equivalent of sixty se’a. The Gemara relates: Abaye saw that Rava was gazing westward on Shabbat eve to determine whether or not the sky was red and whether or not it was twilight. Abaye said to Rava: Wasn’t it taught in a baraita that twilight is from when the sun sets, as long as the eastern face of the sky is reddened by the light of the sun? Why, then, are you looking westward? Rava said to him: Do you hold that the reference is actually to the eastern face of the sky? No, it is referring to the face of the sky that causes the east to redden, i.e., the west. Some say a different version of that incident. Rava saw that Abaye was gazing eastward. He said to him, do you hold that the reference is to the actual eastern face of the sky? The reference is to the face of the sky that causes the east to redden, i.e., the west. And your mnemonic is a window, as it is on the wall opposite the window that one can see how much sunlight is shining through. With regard to that which was taught in the baraita that Rabbi Neḥemya says: The duration of twilight is the time it takes for a person to walk half a mil after the sun sets. Rabbi Ḥanina said: One who wants to know the precise measure of Rabbi Neḥemya’s twilight should do the following: Leave the sun at the top of Mount Carmel, as when one is standing on the seashore he can still see the top of Mount Carmel in sunlight, and descend and immerse himself in the sea, and emerge, and that is Rabbi Neḥemya’s measure of the duration of twilight. Because of its similarity to Rabbi Ḥanina’s statement, the Gemara cites that which Rabbi Ḥiyya said: One who wants to see Miriam’s well, which accompanied the Jewish people throughout their sojourn in the desert, should do the following: He should climb to the top of Mount Carmel and look out, and he will see a rock that looks like a sieve in the sea, and that is Miriam’s well. Rav said: A spring that is portable, i.e., that moves from place to place, is ritually pure and is regarded as an actual spring and not as drawn water. And what is a movable spring? It is Miriam’s well. Rav Yehuda said that Shmuel said: During Rabbi Yehuda’s twilight, ritually impure priests who want to immerse themselves during the day to become ritually pure, so that sunset will follow immersion and they will be permitted to eat teruma, can still immerse themselves during that period. According to this opinion, twilight is still considered to be day. The Gemara asks: In accordance with whose opinion is that true? If you say that it is in accordance with Rabbi Yehuda’s own opinion, his opinion cited above is that twilight is a period of uncertainty. Therefore, one who immerses at that time may not eat teruma until after the sunset of the following day. Rather, the reference is to twilight of Rabbi Yehuda, in accordance with the opinion of Rabbi Yosei. Priests can immerse then, as Rabbi Yosei considers that time to still be day, and sunset will follow. The Gemara asks: It is obvious that according to Rabbi Yosei they are immersing themselves during the day. The Gemara answers: Lest you say that the twilight of Rabbi Yosei is subsumed within and takes place at the end of the twilight of Rabbi Yehuda. When the twilight of Rabbi Yehuda ends, Rabbi Yosei’s twilight is also over. It is already night, sunset of that day has already passed, and there is no sunset to enable them to eat teruma. Therefore, he teaches us that Rabbi Yehuda’s twilight ends, and only thereafter does Rabbi Yosei’s twilight begin. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda with regard to the matter of Shabbat, and the halakha is in accordance with the opinion of Rabbi Yosei with regard to the matter of teruma. The Gemara asks: Granted, concerning the statement that the halakha is in accordance with the opinion of Rabbi Yehuda with regard to the matter of Shabbat, as like all other cases of uncertainty, the ruling is stringent with regard to Torah prohibitions. However, with regard to teruma, what is the case under discussion? If you say that it is referring to the matter of immersion, immersion is also a case of uncertainty with regard to a Torah law. Why would the ruling be more lenient in that case than in the case of Shabbat? Rather, it must be that the reference is with regard to eating teruma. Priests may not eat teruma until twilight is completed, which according to Rabbi Yosei’s opinion is slightly later than it is according to Rabbi Yehuda’s opinion. With regard to the period of twilight, Rav Yehuda said that Shmuel said: When one can see one star in the evening sky, it is still day; two stars, twilight; three stars, night. That was also taught in a baraita: When one can see one star in the evening sky, it is still day; two stars, twilight; three stars, night. Rabbi Yosei said: This is neither referring to large stars that are visible even during the day, nor to small stars that are visible only late at night. Rather, it is referring to medium-sized stars. Rabbi Yosei, son of Rabbi Zevida, said: One who performs a prohibited labor during two twilights, one between Friday and Shabbat and one between Shabbat and the conclusion of Shabbat on Saturday night, is liable to bring a sin-offering for performing a prohibited labor on Shabbat whichever way you look at it. Whether we say that twilight is day or night, certainly one of those labors was performed on Shabbat. Rava said to his servant: You, who are not expert in the measures of the Sages, when the sun is at the top of the palm trees, light the Shabbat lights. His servant asked him: What should we do on a cloudy day, when the sun is not visible at the top of the trees? Rava said to him: In the city, watch the roosters because as evening approaches they sit on their beams. In a field, watch the ravens because they return to their nests as evening approaches. Alternatively, you can watch the plants [adanei] that turn westward in the evening. When they begin to turn westward evening is approaching. The Sages taught in a baraita: They sound six blasts on Shabbat eve to announce that Shabbat is approaching. The Gemara details what each blast signifies. The first blast is in order to stop the people from work in the fields. The second blast is to stop those who are working in the city, and to inform the proprietors to close the stores. The third is to inform them to light the Shabbat light; that is the statement of Rabbi Natan. Rabbi Yehuda HaNasi says: The third blast is to inform those who don phylacteries throughout the day to remove their phylacteries, as one does not don phylacteries on Shabbat. And he pauses after the third blast for the length of time it takes to fry a small fish or to stick bread to the sides of the oven. One who forgot to do so and needs those foods for Shabbat may do so then. And he sounds a tekia, and sounds a terua, and sounds a tekia, and he accepts Shabbat. It is then that Shabbat begins in every sense. Rabban Shimon ben Gamliel said: What shall we do to the Babylonian Jews? They stray from the custom, as they sound a tekia and a terua, and they accept Shabbat during the terua, i.e., upon hearing the blast of the terua. The Gemara asks about this: Do the Babylonians really sound only a tekia and a terua and no more blasts? If so, there are only five blasts and not six, as it was taught in the baraita. Rather, the correct version is: They sound a tekia, and they again sound a tekia, and then they sound a terua, and they accept Shabbat during the terua. They do so because they continue the custom of their fathers that was handed down to them. Rav Yehuda taught to Rav Yitzḥak, his son: The second blast that is sounded before Shabbat is to inform people to light the light. The Gemara asks: In accordance with whose opinion did he say this? It is neither in accordance with the opinion of Rabbi Natan nor in accordance with the opinion of Rabbi Yehuda HaNasi. Rather, certainly he told him that the third blast is in order to inform people to light the light, and in accordance with whose opinion did he say this? It is in accordance with the opinion of Rabbi Natan. On a similar note, the school of Rabbi Yishmael taught in greater detail: Six blasts are sounded on Shabbat eve. When one begins sounding the first tekia, the people standing and working in the fields refrained from hoeing, and from plowing and from performing all labor in the fields. And those workers who work close to the city are not permitted to enter the city until those who work farther away come, so that they will all enter together. Otherwise, people would suspect that the workers who came later continued to work after the blast. And still, at this time, the stores in the city are open and the shutters of the stores, upon which the storekeepers would arrange their merchandise in front of the stores, remain in place. When he began sounding the second blast, the shutters were removed from where they were placed and the stores were locked and in the homes, however, hot water was still cooking on the stove and pots remained in place on the stove. When he began sounding the third blast, the one charged with removing food from the stove removed it, and the one charged with insulating hot water for Shabbat so that it would not cool off insulated it, and the one charged with kindling the Shabbat lights lit. And the one sounding the shofar pauses for the amount of time it takes to fry a small fish or to stick bread to the sides of the oven, and he sounds a tekia, and sounds a terua, and sounds a tekia, and accepts Shabbat. Rabbi Yosei bar Ḥanina, said: I heard that a person who was pressed for time and comes to light Shabbat lights after six blasts may light without concern, as even the moment of the sixth blast is not yet Shabbat. Proof for this is that the Sages provided the sexton of the synagogue a period of time to take his shofar, which he used to sound the blasts on a tall roof in the middle of the city, to his house. Clearly, during that interval it is not yet Shabbat. He said to him: If so, then you have rendered your statement subject to circumstances, and it would not apply uniformly to all. Shabbat would start at a different time in each place based on the distance between the site where the shofar is sounded and the home of the sexton. Rather, Shabbat began immediately after the final blast with no pause in between. The sexton had a concealed place on top of his roof, where he would sound the shofar, in which he would place his shofar because the consensus is that one may move neither the shofar nor the trumpets on Shabbat. The Gemara asks with regard to this last halakha: Wasn’t it taught in a baraita that the shofar may be moved on Shabbat, and the trumpets may not be moved? Rav Yosei said: This is not difficult, as one could say that here, where moving a shofar was permitted, it is referring to a shofar belonging to an individual. Because it has a use even on Shabbat, it may be moved. There, where moving a shofar was prohibited, it is referring to a shofar that belongs to a community. Because it has no use on Shabbat, it is, therefore, considered set-aside [muktze]. Abaye said to him: And in the case of an individual, for what permitted action is a shofar fit to be used on Shabbat? It is fit for use since it is suitable to give water with it to a child. Because the mouth of a shofar is bent, one can pour a little water at a time. If so, a shofar belonging to the community is also suitable to feed water to a poor infant whose sustenance is provided by the community. And furthermore, that halakha which was taught in a baraita: Just as one may move the shofar, so too one may move the trumpets, is contrary to that which was taught previously that there is a difference between moving the shofar and moving the trumpet. In accordance with whose opinion is that baraita? Rather, this is not difficult, as it can be explained that these three baraitot correspond to the three opinions with regard to these halakhot. This baraita, which permits moving the shofar but not the trumpet, is in accordance with the opinion of Rabbi Yehuda, who holds that the laws of set-aside apply to these items on Shabbat and one may not move a utensil whose only function is prohibited. Since a trumpet has no permitted use on Shabbat, it may not be moved. On the other hand, one is permitted to move a shofar, which can be used to feed a child. And that baraita, which permits moving both a shofar and a trumpet, is in accordance with the opinion of Rabbi Shimon, who holds that the halakhot of set-aside do not apply to utensils of this kind on Shabbat. Whereas this other baraita, which prohibits moving both a shofar and a trumpet, is in accordance with the opinion of Rabbi Neḥemya, who holds that one may not use a utensil whose primary function is prohibited on Shabbat, even for a permissible purpose. However, this explanation raises a slight difficulty with regard to the statement that one may move neither a shofar nor a trumpet. There was no need to mention the trumpet. If one may not move a shofar, certainly he may not move a trumpet. However, it can be explained as follows: What is the shofar mentioned in this baraita? It refers to trumpets, in accordance with the statement of Rav Ḥisda, as Rav Ḥisda said: These three objects, their names changed since the Holy Temple was destroyed. That which was called trumpet was called shofar in later generations, and that which was called shofar was called trumpet in later generations. The baraita that was cited employed the style that switches trumpet and shofar, and they were mentioned in that order. Incidentally, the Gemara asks: What is the practical halakhic difference whether a shofar is called shofar or trumpet? The Gemara answers: It is significant with regard to the halakhot of shofar of Rosh HaShana. On Rosh HaShana one fulfills his obligation only by sounding a shofar. If one comes today and asks what instrument he should use to sound the requisite blasts, he should be told to use a trumpet. The second object whose name was changed: That which was called willow [arava] was called in later generations tzaftzafa, and that which was called tzaftzafa was called willow. Here too the Gemara asks: What is the practical halakhic difference that emerges from the name change? The Gemara answers: With regard to the mitzva of the four species, referred to by the name of one of the species, as taking the palm branch, as one of the four species is a willow branch, not a tzaftzafa. The third item whose name was changed: That which was called petora, originally meaning a large table, was called in later generations petorata, and that which was called petorata, orginally meaning a small table, was called petora in later generations. The Gemara asks: What is the practical halakhic difference that emerges from the change of name? The Gemara answers: With regard to the laws of buying and selling. A person who orders a petora should know that he ordered a small table and not a large one. Abaye said: We too shall speak and comment on changes in the meaning of terms in our generation. What was called huvlila, the first stomach of animals that chew their cud, is, in recent generations, called bei kasei, the name of the animal’s second stomach. Similarly, what was once called in the past bei kasei is called huvlila in recent generations. What is the practical halakhic difference that emerges from this change of names? With regard to a needle that is found in the thick wall of the second stomach. In the halakhot of tereifot, one is prohibited to eat animals with a life expectancy of less than a year. It was established that if a needle punctured the wall of the second stomach from only one side, the animal is kosher. If the needle penetrated through the wall in a manner visible from both sides, the animal assumes the halakhic status of a tereifa. In the first stomach, even if the needle penetrated only one side of the wall, the animal assumes the halakhic status of a tereifa. Therefore, it is crucial to distinguish between the first and the second stomachs. Rav Ashi said: We too shall speak of matters whose name changed over the generations. The city that, in biblical times, was called Babylon was called Bursif in later generations, and Bursif was called Babylon in later generations. What is the practical halakhic difference that emerges from this change of names? It is in the area of women’s bills of divorce. With regard to bills of divorce, special care is devoted to ensuring that the name of the place where the bill is written is not altered. Therefore, it is important to be aware that Babylon underwent a name change in later generations. MISHNA: With regard to a stove that was lit on Shabbat eve with straw or with rakings, scraps collected from the field, one may place a pot of cooked food atop it on Shabbat. The fire in this stove was certainly extinguished while it was still day, as both straw and rakings are materials that burn quickly. However, if the stove was lit with pomace, pulp that remains from sesame seeds, olives, and the like after the oil is squeezed from them, and if it was lit with wood, one may not place a pot atop it on Shabbat until he sweeps the coals from the stove while it is still day or until he places ashes on the coals, so that the fire will not ignite on Shabbat. Beit Shammai say: Even after one has swept away the coals, it is only permitted to place hot water on it, as it is sufficiently hot and does not require additional cooking, but not cooked food. Since, in general, one prefers that food will cook more, there is concern lest he come to ignite the fire by stoking the coals. And Beit Hillel say: Both hot water and cooked food may be placed. Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it. GEMARA: The students raised a dilemma with regard to the explanation of the mishna. That which we learned in the mishna: One may not place, does it mean that one may not return a pot that he took off the fire and wishes to return on Shabbat; however, to leave the pot from Shabbat eve into Shabbat, one may leave it even though this stove is not swept of its coals and its coals are not covered with ashes? And, according to this, whose opinion is it in this mishna? It is the opinion of Ḥananya. As it was taught in a baraita, Ḥananya says: Any food that has already been cooked to the extent of the food of ben Drosai, who would only cook his food the minimum amount necessary, one is permitted to leave it atop a stove on Shabbat even though the stove is not swept and not covered with ashes. Or perhaps, that which we learned in the mishna: One may not place, means one may not leave it on the fire from Shabbat eve. And if the coals in the stove were swept or covered with ashes, yes, one may leave the pot on the stove. And if not, no, one may not leave it, and all the more so one may not return it to the stove on Shabbat under any circumstances. In order to resolve this dilemma, the Gemara suggests: Come and hear a resolution to this from the fact that two sections were taught in our mishna. In the first, Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. And in the second, Beit Shammai say: One may remove it but may not return it. And Beit Hillel say: One may even return it. Granted, if you say that when we learned in the mishna that one may not place it means that it is prohibited to leave it; in that case, the mishna is teaching as follows: With regard to a stove that was lit with straw or with rakings, one may leave cooked food on it. If it was lit with pomace or with wood, one may not leave the cooked food on it until he sweeps the coals out while it is still day or until he places ashes on it. And what may they leave? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: One may leave both hot water and cooked food on it. And just as they disagree with regard to leaving a pot on the stove, so too, they disagree with regard to whether or not it is permitted to return it to the stove. As Beit Shammai say: One may take the pot from the stove on Shabbat but may not return it to the stove at all. And Beit Hillel say: One may even return it. However, if you say that when we learned in the mishna that one may not place, it means that it is prohibited to return it, then the mishna is teaching as follows: A stove that was lit with straw or with rakings, one may return cooked food onto it. If it was lit with pomace or with wood, one may not return cooked food to it until one sweeps the coals out while it is still day or until one places ashes on them. And what may they return? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. Beit Shammai say: One may remove but may not return. And Beit Hillel say: One may even return. If in the first section the question of what may be returned was already addressed, why do I need this additional dispute in the second section? The gist of Beit Shammai’s statement that cooked food may not be returned to the stove is that one may remove but may not return. Apparently, the mishna can only be understood in accordance with the first explanation. The first clause discusses leaving and the latter clause discusses returning. The Gemara rejects this proof. Actually, you can say that in the first clause of the mishna we learned to return and the mishna is incomplete. A clause must be added to the mishna, and it teaches the following: With regard to a stove that was lit with straw or rakings, one may return a pot of cooked food to it. If it was lit with pomace or with wood, one may not return a pot to it until one sweeps the coals out while it is still day or until one covers the coals with ashes. However, to leave the pot on the flame on Shabbat, one may leave it, even though it is not swept and not covered with ashes. Through this addition, the continuation of the dispute can be understood as follows: And what may they leave? Beit Shammai say: Hot water but not cooked food. And Beit Hillel say: Both hot water and cooked food. Furthermore: And that return that I said to you at the start of the mishna is not according to everyone. Rather, it too is subject to a dispute between Beit Shammai and Beit Hillel, as Beit Shammai say: One may remove but not return. And Beit Hillel say: One may even return. The dilemma with regard to the interpretation of the mishna has not been resolved. Come and hear another resolution to this dilemma from that which Rabbi Ḥelbo said that Rav Ḥama bar Gurya said that Rav said: They only taught that placing is permitted with regard to a stove as far as placing a pot atop it is concerned. However, placing a pot inside it is prohibited. Granted, if you say that we learned returning in the mishna, that is why there is a halakhic difference between placing a pot inside it and placing a pot atop it. If one returns it on Shabbat, placing it inside a stove that might have burning coals, there is concern that Shabbat would be desecrated. Therefore, it was only permitted to place cooked food atop the stove. However, if you say that we learned leaving in the mishna, what is the difference to me whether it is inside the stove and what is the difference to me whether it is atop it? Ultimately, he does nothing on Shabbat with the hot ashes in the stove. The Gemara rejects this proof: Do you think that Rabbi Ḥelbo is referring to the first clause of the mishna? No, he is referring to the latter clause of the mishna, which states: And Beit Hillel say that one may even return. And with regard to this Rabbi Ḥelbo said that Rav Ḥama bar Gurya said that Rav said: They only taught that one may return the cooked food atop the stove; however, inside it is prohibited. If so, there is still no resolution to the dilemma. Come and hear a resolution to this dilemma from that which was taught in the Tosefta: In the case of two adjoining stoves that share a common wall, in one of them, the coals were swept or covered with ashes, and in one the coals were not swept and not covered with ashes; the ruling with regard to leaving a pot atop them on Shabbat is as follows: One may leave food atop the one that was swept or covered with ashes, and one may not leave food atop the one that was not swept and not covered with ashes. And to the crux of the matter, what may one leave? Beit Shammai say: Nothing at all. They dispute the halakha cited above. And Beit Hillel say: One may leave hot water but not cooked food. However, if one removed the cooked dish from atop the stove, everyone, Beit Shammai and Beit Hillel, agrees that one may not return it atop the stove; this is the statement of Rabbi Meir. According to the tradition that he received, that is the issue disputed between Beit Shammai and Beit Hillel. Rabbi Yehuda says that the dispute is different. Beit Shammai say: One may leave hot water on it but not cooked food. And Beit Hillel say: One may leave both hot water and cooked food. Furthermore, Beit Shammai say: One may remove a pot from the stove on Shabbat but may not return it. And Beit Hillel say: One may even return it. Granted, if you say that the case we learned in our mishna was with regard to leaving the pot on the stove, in accordance with whose opinion is our mishna? It is in accordance with the opinion of Rabbi Yehuda. However, if you say that the case we learned in our mishna was with regard to returning the pot to the stove, in accordance with whose opinion is our mishna? It is neither in accordance with the opinion of Rabbi Yehuda nor with the opinion of Rabbi Meir. If you say that the mishna is in accordance with the opinion of Rabbi Meir, it is difficult for Beit Shammai in one respect. In our mishna, Beit Shammai permit some use of a stove on Shabbat; while according to Rabbi Meir in the baraita, Beit Shammai prohibit any use. And for Beit Hillel it is difficult in two respects. According to our understanding of the mishna, Beit Hillel permit both hot water and cooked food, contrary to Rabbi Meir’s version of their opinion as stated in the baraita. Similarly, in our mishna, Beit Hillel permit returning the pot to the stove, contrary to Rabbi Meir’s version of their opinion. If you explain that our mishna is in accordance with the opinion of Rabbi Yehuda in the baraita, it is difficult with regard to the issue of sweeping the coals and covering them with ashes. In the mishna, both Beit Hillel and Beit Shammai allow leaving it on a stove whose coals were not swept or covered with ashes. According to Rabbi Yehuda in the baraita, apparently a stove whose coals are neither swept nor covered with ashes may not be used at all. Since this interpretation leads to contradictions, it is preferable to explain the mishna in accordance with the other approach, so that the mishna will at least correspond to one opinion. This claim is rejected: Actually, you can say that the case we learned in our mishna was with regard to returning the pot to the stove, and our tanna in the mishna holds in accordance with Rabbi Yehuda in one matter, and disagrees with him in one matter. He holds in accordance with Rabbi Yehuda in one matter, with regard to the matter of hot water and cooked food, and what may be taken from the stove and what may even be returned. And he disagrees with him in one matter: While our tanna in the mishna held that to leave a pot on a stove is permitted even though it is not swept or covered with ashes, Rabbi Yehuda held: With regard to permitting one to leave a pot on the stove as well, if the stove was swept or covered with ashes, yes, it is permitted; if it was not swept or covered with ashes, no, it is prohibited. A dilemma was raised before the Sages: With regard to a stove that was neither swept nor covered with ashes, what is the halakha with regard to permitting one to lean a cooked dish against it, so that it may be heated from the sides of the stove? The dilemma is: Was it only placing a pot inside it and atop it that is prohibited, but to lean the pot against it he may well do so? Or, perhaps, leaning is no different and it is prohibited in every case. Come and hear a resolution to this dilemma from that which was taught in a baraita: If there are two adjoining stoves, one that was swept or covered with ashes and one that was not swept and covered with ashes, one may leave cooked food atop the stove that is swept and covered with ashes on Shabbat. Apparently, it is permitted to lean a pot on a stove that was not swept, even though heat rises to it from the other stove. The Gemara rejects this: Perhaps that case of two adjoining stoves is different. Since the pot is elevated, the air affects it and cools it. Therefore, it is not comparable to actually leaning it against the stove. Come and hear another resolution to this dilemma from that which Rav Safra said that Rav Ḥiyya said: If there is a stove whose coals one covered with ashes on Shabbat eve and it subsequently reignited on Shabbat, one may lean a pot against it, and leave cooked food on it, and remove food from it, and even return food to it. Conclude from this the following with regard to leaning, as well: If he covered them with ashes, yes, if he did not cover them with ashes, no, as the Gemara is speaking about a stove whose ashes were covered properly during the day. The Gemara rejects this proof too. And according to your opinion, that which was taught: One may remove the food from it, would you say there too that if he covered them, yes, and if he did not cover them, no? Everyone agrees that it is permitted to take the pot off of the stove even if it is not swept or covered with ashes. Rather, it must be understood that he taught permission to remove the pot due to the fact that it taught permission to return it. Here too, it taught permission to lean the pot due to the fact that it taught permission to leave the pot on the stove. Consequently, a conclusion cannot be drawn that leaning a pot on an unswept stove is prohibited. The Gemara is astonished by this comparison. How can you compare them? There, one removes the pot from and returns it to one and the same place. Therefore, it taught removing due to returning, as one cannot return a pot before he removes it. However, here, where one leans the pot is in one place and where one leaves the pot is in one, another, place, there is no connection between the two. If the tanna did not intend to teach that leaning is permitted only on a swept stove, there would be no reason to mention permission to lean in conjunction with permission to leave. In any event, this is not an absolute proof, and the dilemma has not been resolved. The Gemara asks: What conclusion was reached with regard to this dilemma? Come and hear a resolution to this from that which was taught in the Tosefta: With regard to a stove that was lit with pomace or with wood, one may lean a pot of cooked food against it; however, one may not leave a pot inside it unless the stove is swept out or covered with ashes. Coals that dimmed or on which a strip of thinly beaten flax was placed and the fire did not ignite, it is as if it were covered with ashes, and one need not add more ashes to it. In any case, the conclusion is drawn from here that one is permitted to lean a dish of cooked food against a stove, even though it is not covered with ashes or swept out. Rabbi Yitzḥak bar Naḥmani said that Rav Oshaya said: With regard to a stove that he covered with ashes and that reignited on Shabbat, one may leave hot water that was already completely heated and cooked food that was already completely cooked upon it. In that case, there is no need for additional cooking, and therefore there is no concern that one might come to stoke the coals and ignite the fire. Conclude from this halakha that even when it is food that shrivels and improves by remaining on the fire, it is nevertheless permitted to leave it. The food is already completely cooked and there is no concern lest one come to stoke the coals and ignite the fire. Rabbi Oshaya did not distinguish between different types of foods in permitting this. The Gemara rejects this conclusion: Here, it is different because he covered the coals in the stove with ashes, and that is the reason that he is permitted to leave food on the stove. The Gemara asks: If so, what purpose was there to say this halakha? Is it to teach that if the coals are covered with ashes, there is no room for concern? That is obvious. The Gemara answers: The case where he covered it with ashes and it reignited on Shabbat was necessary and required additional articulation. Lest you say that since it reignited, it returns to its original status and is prohibited, therefore it taught us that this is not the case. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: With regard to a stove that he swept out or covered with ashes before Shabbat and subsequently reignited on Shabbat, one may leave hot water that was already completely heated and cooked food that was already completely cooked upon it, even if the coals were from the wood of a broom tree, which are very hot and long-burning. If so, conclude from this that even if food shrivels and improves while on the stove, it is permitted. The Gemara rejects this: Here, in this case, it is different because he covered it with ashes. Therefore, it is permitted to leave it on the stove. The Gemara asks: If so, what was the purpose of saying this halakha? The Gemara answers: Mention of the case where he covered it with ashes and it reignited on Shabbat was necessary. The Gemara challenges that explanation: This case is identical to the previous one. Why did Rabbi Yoḥanan find it necessary to repeat what was already said? The Gemara responds that there is a novel element in his statement. It was necessary to teach the case of coals from the wood of a broom tree. Even in a case of especially hot coals it is permitted. Rav Sheshet said that Rabbi Yoḥanan said: With regard to a stove that was lit with pomace or with wood, one may leave hot water on it even if the water has not yet been completely heated, and the same is true for cooked food even if it was not yet completely cooked. However, if one removed the food from the stove, one may only return it if he sweeps the coals out of the stove while it is still day, or if he places ashes on the coals. The reason for mentioning this halakha is because he holds that in our mishna we learned with regard to returning the cooked food to the stove; however, with regard to leaving a pot on top of the stove, if it was placed there while it was still day, one may leave it on the stove even if it is not swept and not covered with ashes. Rava said: We already learned both aspects of Rav Sheshet’s halakha and there is no need to teach us something that was already stated explicitly in the mishna. We already learned that it is permitted to leave a pot on the stove. One may not put bread into the oven at nightfall and may not place cake on top of coals unless there is enough time before Shabbat that its surface will form a crust. However, if its surface already formed a crust before Shabbat, it is permitted to leave it even in an oven that was not swept and not covered with coals. Likewise, we also already learned in our mishna the second aspect of Rav Sheshet’s halakha that it is permitted to return the pot to the fire, as Beit Hillel say: One may even return. And it is clear that Beit Hillel only went so far as permitting the return of the pot in a stove that is swept or covered with ashes; however, in one that is not swept or covered with ashes, they did not permit doing so. If so, Rav Sheshet’s statement is superfluous. The Gemara answers: Rav Sheshet also only came to teach us the inference from the mishna and not to introduce new halakhot. Rav Shmuel bar Yehuda said that Rabbi Yoḥanan said: With regard to a stove that was lit with pomace or with wood, on Shabbat eve one may leave a cooked dish that was already completely cooked, as well as hot water that was already completely heated, upon it and even if it is the type of food that when left for a prolonged period of time on the fire it shrivels and improves. There is no concern lest one come to stoke the coals. The Gemara relates that one of the Sages said to Rav Shmuel bar Yehuda: Isn’t it Rav and Shmuel who both say, contrary to your opinion, that if food shrivels and improves when placed on the stove, leaving it on there on Shabbat is prohibited? Rav Shmuel bar Yehuda said to him: Is that to say that I do not know that Rav Yosef said that Rav Yehuda said that Shmuel said: If food shrivels and improves when left on the fire for an extended period, it is prohibited to leave it there? When I said to you that it is permitted to leave it, I said it in accordance with the opinion of Rabbi Yoḥanan. Rav Ukva from Meishan said to Rav Ashi: You, who are close to the place where Rav and Shmuel lived, act in accordance with the ruling of Rav and Shmuel; we will act in accordance with the ruling of Rabbi Yoḥanan. Abaye said to Rav Yosef: What is the ruling with regard to leaving food on the stove from Shabbat eve? Rav Yosef said to him: Didn’t they leave food for Rav Yehuda and he ate it? Apparently, it is permitted to do so. Abaye said to him: No proof can be brought from Rav Yehuda. Since he is in danger, as he is sick and needs hot food, even on Shabbat as well, it is permitted to heat up food for him. However, for me and you as well as for all other people what is the ruling? Rav Yosef said to Abaye: In Sura, they leave food on the stove from Shabbat eve, as Rav Naḥman bar Yitzḥak from Sura was a master of good deeds who was meticulous in his performance of mitzvot, and they would leave food for him and he would eat it. Rav Ashi said: I stood before Rav Huna and saw that they left fish fried in oil [kasa deharsena] for him atop the stove on Shabbat, and he ate the fish on Shabbat. And I do not know if his reason for doing so is because he holds that it is permitted to leave food that shrivels and improves when left on the stove for a long time. Or, if it is because this dish has flour in it, and therefore it shrivels and deteriorates. Everyone agrees that it is permitted to leave food atop the stove that shrivels and deteriorates. Rav Naḥman said: Food that shrivels and improves when left on the stove, it is prohibited to leave it on the stove; if it shrivels and deteriorates, it is permitted. The principle in this matter is as follows: Any food that has flour in it shrivels and deteriorates, except for a cooked turnip dish, which, even though it has flour, shrivels and improves. And this applies only when there is meat in it, but when there is no meat in it, it shrivels and deteriorates. And when there is meat in it, too, we only said that it shrivels and improves when one does not need it for guests, but when one needs it for guests, it shrivels and deteriorates because it is not polite to serve guests overcooked food, which is not aesthetic. Furthermore: Leaving dishes made of figs [lafda], porridge, or dates on the stove causes them to shrivel and deteriorate. They raised a dilemma before Rabbi Ḥiyya bar Abba: If one forgot a pot on Shabbat eve atop a stove and it cooked on Shabbat, what is the ruling in that case? Is one permitted to eat that food, or not? He was silent and did not say a thing to him. The next day, he emerged and publicly taught them the following halakha: With regard to one who cooks on Shabbat, if he did so unwittingly, he may eat it, and if he cooked intentionally, he may not eat it; and the halakha is no different. The last part of Rabbi Ḥiyya bar Abba’s statement is unclear. The Gemara asks: What is the practical halakhic meaning of the phrase: And it is no different? Rabba and Rav Yosef both said to interpret the phrase permissively in the following manner: One who cooks is one who performs an action. If he did so intentionally, he may not eat what he cooked. However, this one who forgot the pot on the stove, who does not perform an action, even if he intentionally left the pot on Shabbat eve, he may also eat the food. However, Rav Naḥman bar Yitzḥak said that the phrase: And it is no different, should be interpreted restrictively in the following manner: It is one who cooks who will not come to deceive, as there is no room for suspicion that a person will intentionally cook on Shabbat. Therefore, if one cooks unwittingly, he may eat it. However, one who would come to deceive, intentionally leaving the pot on the stove and saying: I forgot it, the Sages penalize him and decree that if he did so unwittingly as well, he may not eat it. The Gemara raises an objection to this statement from that which was taught in a baraita: One who forgot a pot atop a stove and it cooked on Shabbat, if he did so unwittingly, he may eat it; if he did so intentionally, he may not eat it. In what case is this statement said? It is in a case where the pot contains hot water that was not yet completely heated, and the same applies to cooked food that was not yet completely cooked. However, if it contains hot water that was already completely heated and cooked food that was already completely cooked, whether the pot was left there unwittingly, or whether the pot was left there intentionally, one may eat it; this is the statement of Rabbi Meir. Rabbi Yehuda says that there is a distinction: Hot water that was already completely heated is permitted because, in that case, the longer it remains on the fire, the more it shrivels, i.e., evaporates, and deteriorates. In that case, one would certainly not come to increase the heat because he would not want to lose more water through evaporation. However, cooked food that was completely cooked, it is prohibited to leave it on the fire because it shrivels and improves. There is room for concern that he will stoke the coals to increase the heat under the food. And there is a general principle: Anything that shrivels and improves, e.g., cabbage, and beans, and meat cut into small pieces is prohibited; and anything that shrivels and deteriorates is permitted. In any event, it was taught in that baraita that in the case of cooked food that was not completely cooked, if it was cooked unwittingly, it is permitted. Granted, according to the opinion of Rav Naḥman bar Yitzḥak, this is not difficult. Although there is an apparent contradiction, as he prohibits eating from a pot that was unwittingly forgotten on the stove, and the baraita prohibits it only when it was left intentionally, he could explain the following: Here, the baraita, which permits eating it, was taught prior to the decree that was issued lest a person act deceitfully, whereas there, the halakha of Rav Naḥman bar Yitzḥak, was taught after the decree, which prohibited eating food even if it was forgotten unwittingly. However, according to the opinion of Rabba and Rav Yosef, who said to interpret the phrase permissively, whether he left it on the stove unwittingly or he did so intentionally, it is difficult. If this baraita was taught prior to the decree, the ruling with regard to when he did so intentionally is difficult, as Rabba and Rav Yosef permit eating the food even in that case. If this baraita was taught after the decree, the ruling with regard to when he did so unwittingly is also difficult, as Rabba and Rav Yosef permit eating the food in every case. No answer was found to this objection and the Gemara concludes: It is indeed difficult. With regard to the matter itself, the Gemara asks: What is the decree that was discussed above in terms of the distinction between before the decree and after the decree? The Gemara says: This is the decree that Rav Yehuda bar Shmuel said that Rabbi Abba said that Rav Kahana said that Rav said: Initially, they would say: With regard to one who cooks on Shabbat, if it was unwitting, one may eat it; if it was intentional, one may not eat it. And the same is true with regard to one who forgets the pot atop the stove before Shabbat and it cooks on Shabbat. When the number of those who leave their pots intentionally and say we forgot to justify their actions, increased, the Sages then penalized those who forgot. Even one who forgets unwittingly may not eat it. In the Tosefta cited earlier, which deals with one who forgot a pot atop the stove and the food cooked on Shabbat, Rabbi Meir ruled leniently and permitted both hot water that was completely heated and cooked food that was completely cooked, even when it was left on the stove intentionally. Rabbi Yehuda ruled stringently and distinguished between different cases. However, in the Tosefta cited at the beginning of the chapter, it was taught that Rabbi Meir and Rabbi Yehuda disagree with regard to the opinions of Beit Hillel and Beit Shammai as far as leaving food on the stove on Shabbat is concerned. Rabbi Meir says that it is completely prohibited to leave cooked food on the stove ab initio, even according to Beit Hillel who rule leniently. Rabbi Yehuda said that Beit Hillel ruled leniently and permitted doing so. There is a contradiction between one statement of Rabbi Meir and the other statement of Rabbi Meir, and there is a contradiction between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda. The Gemara responds: Between one statement of Rabbi Meir and the other statement of Rabbi Meir there is no contradiction. That which we learned: Rabbi Meir prohibits leaving cooked food under any circumstances, is speaking ab initio; whereas this, where he permits eating the food even if it was left on the stove intentionally, is speaking after the fact. Between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda there is also no contradiction. There, where he permitted leaving the food on the stove, it is referring to the case of a stove that was swept and covered with ashes, whereas here, where he prohibited doing so, is referring to the case of a stove that is not swept and covered with ashes. A dilemma was raised before the Sages: One who transgressed and left his pot on the fire on Shabbat, what is his legal status? Did the Sages penalize him and prohibit him from eating the food, or did they not penalize him? Come and hear a resolution to this dilemma from that which Shmuel bar Natan said that Rabbi Ḥanina said: When Rabbi Yosei went to the city of Tzippori, he found hot water that was left on the stove, and he did not prohibit them from drinking it. He found eggs shriveled from overcooking that were left on the stove on Shabbat and he prohibited them from eating them. Is this not referring to permitting and prohibiting their consumption for that same Shabbat? If so, apparently he prohibits eating cooked food that was intentionally left on the stove on Shabbat. The Gemara immediately rejects this assumption: No. Rather, he prohibited them from doing so ab initio the following Shabbat, but he did not prohibit them from eating the eggs on that same Shabbat. The Gemara is surprised: From this statement it can be inferred that eggs shriveled from overcooking shrivel and improve when left on the fire for a long time, and that is the reason that Rabbi Yosei made a distinction between hot water, which he permitted leaving on the stove, and eggs, which he prohibited leaving on the stove. The Gemara replies: Yes, overcooking improves the eggs. As Rav Ḥama bar Ḥanina said: One time Rabbi Yehuda HaNasi and I were guests in the same place, and they brought before us overcooked eggs that shriveled to the size of crab apples [uzradin] and we ate many of them. Apparently, extended cooking improves eggs. Therefore, when they are left on the fire on Shabbat there is room for concern lest one stoke the coals in order to shrivel them more. We learned in the mishna: Beit Hillel say that one may even return a pot taken off the stove to the stove on Shabbat. Rav Sheshet said: According to the one who says that one may even return it, doing so is permitted even on Shabbat and not only on Shabbat eve. And Rav Oshaya also holds: One may even return it even on Shabbat. As Rav Oshaya said: Once we were standing on Shabbat before Rabbi Ḥiyya the Great and we passed up to him a kettle [kumkemos] of hot water from the bottom floor [deyota] to the top floor, and we poured him a cup and returned the kettle to its place on top of the stove, and he did not say anything to us. Apparently, he is of the opinion that even on Shabbat it is permitted to return a pot to the stove. Rabbi Zerika said that Rabbi Abba said that Rabbi Tadai said: They only taught that it is permitted to return vessels with the food inside them when they are still in his hand; however, if he already placed them on the ground, he obviously regretted placing them on the fire and it is prohibited to replace them on the stove. Rabbi Ami said: That which Rabbi Tadai did and said, he did on his own, and not in accordance with the accepted halakha. Rather, Rabbi Ḥiyya said that Rabbi Yoḥanan said as follows: Even if one placed the pot on the ground, it is permitted to return it to the stove. The Gemara remarks that Rav Dimi and Rav Shmuel bar Yehuda disagreed about this matter, and both stated their opinion in the name of Rabbi Elazar. One said that when they are still in his hand, it is permitted to return them to the stove; when they were already placed on the ground, it is prohibited to do so. And one said that even if one placed them on the ground, it is also permitted to return it to the stove. Ḥizkiya said in the name of Abaye: That which you said, that when it is still in his hand, it is permitted to return it to the stove; we only said that halakha when his original intention was to return it to the stove. However, when it was not his original intention to return it, and he reconsidered and decided to return it, it is prohibited to return it. This proves by inference that if one placed it on the ground, even if his intention was to return it, it is prohibited. Some say a different version of what Ḥizkiya said in the name of Abaye: That which you said, if one placed it on the ground it is prohibited; we only said that halakha when it was not his original intention to return it. However, if his original intention was to return it, it is permitted. This proves by inference that while they are still in his hand, even if it was not his original intention to return it, it is permitted. With regard to this matter, Rabbi Yirmeya raised a dilemma: In a case where he neither placed them on the floor nor held them in his hand, but he hung them on a stick, what is the ruling? In a case where he placed it on top of a bed, what is the ruling? Similarly, Rav Ashi raised a dilemma: If one transferred them from one urn to another urn what is the ruling? The Gemara said: These dilemmas stand unresolved. MISHNA: The halakhot that were stated with regard to a stove were specific to a stove’s unique structure and the manner in which it retains heat. However, with regard to other baking apparatuses, i.e., an oven or a kupaḥ, there are different rules. The mishna delineates: An oven that they lit even with straw or rakings, one may neither place a pot inside it nor atop it on Shabbat. Whereas a kupaḥ that was lit with straw or rakings, its legal status is like that of a stove, and one is permitted to place a pot atop it on Shabbat. If it were lit with pomace or with wood, its legal status is like that of an oven and it is prohibited to place a pot atop it on Shabbat. GEMARA: With regard to that which we learned in the mishna that an oven that they lit even with straw or rakings, one may neither place a pot atop it nor inside it, Rav Yosef thought to say that when the mishna says inside it, it means actually inside it; and when it says atop it, it means actually atop it. However, to lean a pot against an oven, it may well be done. Abaye raised an objection to Rav Yosef from that which we learned in our mishna: A kupaḥ that was lit with straw or rakings, its legal status is like that of a stove. If it were lit with pomace or with wood, its legal status is like that of an oven, and it is prohibited. By inference: If it were like a stove, it would be permitted. With what circumstances are we dealing? If you say that he placed the pot atop the kupaḥ, and in what case? If you say it is referring to a case where it is not swept and covered with ashes; a stove that is not swept and covered with ashes, is it permitted even to place a pot atop it on Shabbat? Rather, isn’t it referring to a case where one seeks to lean a pot against a kupaḥ, and it taught: It is like an oven, and prohibited? Rav Adda bar Ahava said: Here we are dealing with the cases of a kupaḥ that is swept and covered with ashes and an oven that is swept and covered with ashes, and the mishna is to be understood as follows: It is like an oven in the sense that, although it is swept and covered with ashes, it is prohibited to place a pot atop it; as, if its legal status were like that of a stove, when it is swept and covered it may well be done. The Gemara comments that there is a baraita that taught in accordance with the opinion of Abaye: An oven that one lit with straw and with rakings, one may not lean a pot against it, and needless to say one may not place a pot atop it, and needless to say one may not place a pot inside it, and, needless to say if it was lit with pomace or with wood it is prohibited. While with regard to a kupaḥ that was lit with straw or with rakings, one may lean a pot against it, but he may not place a pot atop it. If it was lit with pomace or with wood, one may not lean a pot against it. Rav Aha, son of Rava, said to Rav Ashi: This kupaḥ, what are its circumstances? If it is considered like a stove, even if it was lit with pomace or with wood, it should also be permitted. And if it is considered like an oven, even with straw or with rakings, it should also not be permitted. Rav Ashi said to him: From a halakhic perspective, a kupaḥ has intermediate status. Its heat is greater than that of a stove; however, its heat is less than that of an oven. The Gemara asks: What are the circumstances of a kupaḥ? What are the circumstances of a stove in terms of the configuration of the vessels? Rabbi Yosei bar Ḥanina said: A kupaḥ is a small vessel that is similar to a stove; however, it only has one hole with enough space to place a single pot. A stove is like a double kupaḥ with enough space to place two pots. Abaye said, and some say that Rabbi Yirmeya said: We also learned this matter in a mishna dealing with the laws of ritual purity and impurity: An impure stove that was divided lengthwise is pure because it can no longer be considered a vessel. It is a broken vessel, and a broken vessel cannot become ritually impure. However, if the stove was divided widthwise, between the spaces for the pots, then it remains impure because it became two small stoves. However, a kupaḥ, whether it was divided lengthwise or whether it was divided widthwise, is pure because it can no longer be used as there is no way to put even a single pot on it. That is the difference between a kupaḥ and a stove. MISHNA: In addition to the halakhot that deal with cooking on the fire on Shabbat, several related halakhot are discussed. The mishna says: One may not place a raw egg next to an urn full of hot water so that it will roast slightly. And one may not even wrap it in cloths, i.e., one may not heat the egg inside cloths that were heated in the sun. And Rabbi Yosei permits doing so in that case. And, similarly, one may not insulate it in sand or in road dust that was heated in the sun so that it will roast. Although there is no actual cooking with fire here, it is similar to cooking and the Sages issued a decree to prohibit doing so. The mishna relates a story about the people of the city of Tiberias, and they ran a cold-water pipe [silon] through a canal of hot water from the Tiberias hot springs. They thought that by doing so, they could heat the cold potable water on Shabbat. The Rabbis said to them: If the water passed through on Shabbat, its legal status is like that of hot water that was heated on Shabbat, and the water is prohibited both for bathing and for drinking. And if the water passed through on a Festival, then it is prohibited for bathing but permitted for drinking. On Festivals, one is even permitted to boil water on actual fire for the purposes of eating and drinking. GEMARA: A dilemma was raised before the Sages: One who violated the halakha in the mishna and slightly roasted an egg next to an urn, what is the ruling? Rav Yosef said: One who slightly cooked an egg is liable to bring a sin-offering, as he performed the act of cooking on Shabbat, which is prohibited by Torah law. Mar, son of Ravina, said: We also learned something similar in the mishna: Any salted food item that was already placed in hot water, i.e., cooked, before Shabbat, one may soak it in hot water even on Shabbat. And anything that was not placed in hot water before Shabbat, one may rinse it in hot water on Shabbat, but may not soak it, with the exception of old salted fish or the colias of the Spaniards [kolyas ha’ispanin] fish, for which rinsing with hot water itself is completion of the prohibited labor of cooking. Once it is rinsed in hot water, it does not require any additional cooking. The same is true with regard to an egg that was slightly cooked. Since it thereby becomes edible, one who brought it to that state has violated the prohibition of cooking. The Gemara sums up: Indeed, conclude from it that this is its meaning. We also learned in the mishna according to the first tanna: And one may not wrap an egg in cloths that were heated by the sun in order to heat up the egg, and Rabbi Yosei permits doing so. And with regard to that which we learned in a mishna that one may place cooked food into a pit on Shabbat to protect it from the heat; and one may place good, potable water into bad, non-potable water so that it will cool; and one may put cold water out in the sun to heat it, the Gemara asks: Let us say that this mishna is in accordance with the opinion of Rabbi Yosei in our mishna and not the opinion of the Rabbis as represented by the first tanna in the mishna. The Rabbis prohibited heating food with the heat of the sun. Rav Naḥman said: With regard to heating food in the sun itself, everyone agrees that one is permitted to place food in the sun to heat it, as it is certainly neither fire nor a typical form of cooking. Likewise, with derivatives of fire, i.e., objects that were heated by fire, everyone agrees that it is prohibited to heat food with them, as heating with them is tantamount to heating with fire itself. Where they argue is with regard to heating with derivatives of the sun, i.e., objects heated with the heat of the sun. This Sage, who represents the opinion of the Rabbis, holds that we issue a decree prohibiting a person to heat with derivatives of the sun due to derivatives of fire, which are prohibited. People have no way of knowing how the cooking vessel was heated. If the Sages permit the use of objects heated in the sun, people will come to permit use of objects heated by fire as well. And this Sage, Rabbi Yosei, holds that we do not issue a decree. Even though it is prohibited to heat with derivatives of fire, heating with derivatives of the sun is permitted. We learned in the mishna: And one may not insulate it in sand or in road dust that was heated in the sun. The Gemara asks: And let Rabbi Yosei disagree with this halakha as well. If he holds that one is permitted to cook on Shabbat using objects heated by the sun, the same should apply with regard to sand. The Gemara cites two answers. Rabba said: Rabbi Yosei agrees with the opinion of the Rabbis in this case. The Sages issued a decree in this case due to concern lest one come to insulate it in hot ashes, which is certainly prohibited, if he is permitted to insulate food in sand or road dust. Insulating in sand and insulating in hot ashes appear to be very similar. Rav Yosef said: Rabbi Yosei prohibits it in this case because when insulating it in the sand, he displaces dirt. It is as if he dug a hole in the sand, which is prohibited. The Gemara asks: What is the practical difference between the answers proposed by Rabba and Rav Yosef? Apparently, the two answers lead to the same practical conclusion. The Gemara answers: There is a practical difference between them in the case of loose earth. Loose earth does not require digging a hole. According to Rav Yosef’s explanation, there is no reason to prohibit insulating food in loose earth, as displacing loose earth involves no prohibition. However, if the decree was issued lest one insulate an egg in hot ashes, then it applies even in the case of loose earth. The Gemara raises an objection from that which was taught in a baraita: Rabban Shimon ben Gamliel says: One may slightly roast an egg on a hot rooftop heated by the sun; however, one may not slightly roast an egg on top of boiling limestone. Granted, this works out well according to the opinion of the one who said that insulating an egg in sand is prohibited due to a decree lest he come insulate it in hot ashes. There is no reason to issue a decree on a hot rooftop, as it is not at all similar to hot ashes. However, according to the opinion of the one who said that the reason is because he is displacing dirt, let him issue a decree and prohibit warming an egg on the rooftop as well because there is sometimes dirt on the roof. The Gemara answers: This is not difficult because, in general, a rooftop does not have dirt, and there is no reason to issue a decree in uncommon cases. Come and hear a different objection to the opinion of the amora from our mishna: The Sages prohibited the people of the city of Tiberias, who ran a cold-water pipe through a canal of hot water from the Tiberias hot springs, from using the water. Granted, according to the opinion of the one who said that the prohibition is due to a decree lest one insulate food in hot ashes, that is the reason that this was prohibited, as it is similar to insulating. The cold-water pipe was placed inside the hot water and was surrounded by it. However, according to the opinion of the one who said that the reason is because one displaces dirt, what is there to say to explain the prohibition? The Gemara answers: Do you think that the story about Tiberias refers to the latter clause of the mishna? No, it refers to the first clause of the mishna, and it should be understood as follows: The Rabbis and Rabbi Yosei disagree with regard to wrapping an egg in cloths. The Rabbis say: One may not wrap it in cloths and Rabbi Yosei permits doing so. And the Rabbis said the following to Rabbi Yosei: Wasn’t the incident involving the people of Tiberias with derivatives of the sun, as the hot springs of Tiberias are not heated by fire, and nevertheless the Sages prohibited them from using the water? Rabbi Yosei said to them: That is not so. That incident involved derivatives of fire, as the hot springs of Tiberias are hot because they pass over the entrance to Gehenna. They are heated by hellfire, which is a bona fide underground fire. That is not the case with derivatives of the sun, which are not heated by fire at all. On the same topic, Rav Hisda said: From this action performed by the people of Tiberias and the fact that the Sages prohibited them from using the water, the conclusion is that the practice of insulating a pot in something that increases the heat over the course of Shabbat was abolished on Shabbat. And not only is it prohibited to do so on Shabbat itself, but it is also prohibited while it is still day before Shabbat. Running pipes of cold water through hot water is similar to insulating water in something that adds heat. Ulla said: The halakha is in accordance with the people of Tiberias. Rav Naḥman said to him: The people of Tiberias have already broken their pipes. Even they reconsidered their position. We learned in the mishna with regard to the incident, which related what the people of Tiberias did, that the legal status of water that was heated in the Tiberias hot springs is like that of water heated on Shabbat, and it is prohibited for use in bathing. The Gemara clarifies this matter: What type of bathing is this? If you say that it is referring to bathing one’s entire body, that is difficult. That would indicate that only water heated on Shabbat is prohibited for use in bathing one’s entire body; however, bathing one’s entire body in hot water heated before Shabbat is permitted. That cannot be. Wasn’t it taught in a baraita: With regard to hot water that was heated on Shabbat eve, one may use it the next day to wash his face, his hands, and his feet incrementally; however, not to wash his entire body? Rather, it must be that the bathing prohibited in the mishna with water heated on Shabbat is, in fact, washing his face, his hands, and his feet. However, if so, say the latter clause of the mishna: On a Festival, the legal status of the water is like that of water that was heated by fire on a Festival, and it is prohibited for bathing and permitted for drinking. Even on a Festival, washing one’s face, hands, and feet is prohibited with this hot water. If so, let us say that we learned the unattributed mishna in accordance with the opinion of Beit Shammai. As we learned in a mishna, Beit Shammai say: A person may not heat water for his feet on a Festival unless it is also fit for drinking, and Beit Hillel permit doing so. According to Beit Hillel, it is permitted to heat water on a Festival for the purpose of washing one’s feet. According to the proposed interpretation of the term bathing in the mishna, as referring to washing one’s face, hands, and feet, our mishna is in accordance with the opinion of Beit Shammai. This is problematic, as the halakhic opinion of Beit Shammai is rejected and only rarely cited in an unattributed mishna. Rav Ika bar Ḥananya said: In our mishna, we are dealing with water that was heated in order to rinse one’s entire body with it. Rinsing does not have the same legal status as bathing. And that which we learned in the mishna: Water that was heated on Shabbat is prohibited for bathing, from which it can be inferred that water heated before Shabbat is permitted for bathing on Shabbat, is in accordance with the opinion of this tanna, the opinion of Rabbi Shimon in the Tosefta. As it was taught in a Tosefta: One may neither rinse his entire body with hot water, even if it was heated before Shabbat, nor with cold water; this is the statement of Rabbi Meir. Rabbi Shimon permits doing so even with hot water because it was heated before Shabbat. Rabbi Yehuda says: With hot water, it is prohibited; with cold water, it is permitted. According to Rabbi Shimon, it is completely prohibited to rinse with water that was heated on Shabbat itself. Consequently, our mishna, which does not differentiate between hot and cold water, is in accordance with the opinion of Rabbi Shimon. Rav Ḥisda said: This dispute over washing with water heated before Shabbat is specifically with regard to water in a vessel, as one might mistakenly think that it was heated on Shabbat, and there is then concern lest one permit the use of water heated with fire on Shabbat. However, when the water was collected in the ground, everyone agrees that it is permitted. The Gemara challenges this: Wasn’t the incident involving the people of Tiberias with regard to water in the ground, and nevertheless the Sages prohibited it? Rather, if this was stated, this is what was stated, i.e., this is the correct version of Rav Ḥisda’s statement: This dispute is specifically when the water is collected in the ground. However, when it is in a vessel, everyone agrees that it is prohibited. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The halakha in this dispute is in accordance with the opinion of Rabbi Yehuda. Rav Yosef said to him: Did you learn this from Rabbi Yoḥanan explicitly, or did you learn it by inference from something else that he said? The Gemara remarks: What was the statement of Rabbi Yoḥanan from which this conclusion could be inferred? As Rav Tanḥum said that Rabbi Yoḥanan said that Rabbi Yannai said that Rav said: Every place that you find two who disagree and each one of them establishes his opinion in a series of cases, and one of the Sages, a third one, adopts a compromise opinion and says that in some cases the halakha is in accordance with one, and in some cases the halakha is in accordance with the other, the halakha is in accordance with the opinion of the compromiser. This principle holds true except for the case of the ritual impurity of insignificant strips of material. In that case, even though Rabbi Eliezer is stringent, and Rabbi Yehoshua is lenient, and Rabbi Akiva compromises, the halakha is not in accordance with the statement of the compromiser: First, because Rabbi Akiva is a student of Rabbi Eliezer and Rabbi Yehoshua and lacks the authority to decide between the opinions of his rabbis. And furthermore, didn’t Rabbi Akiva reconsider and adopt Rabbi Yehoshua’s opinion? In the dispute over the laws of bathing as well, the ruling should have been in accordance with the opinion of Rabbi Yehuda because his is the compromise opinion. Therefore, Rav Yosef asked whether the ruling was based on that principle alone. The Gemara asks: And if the halakha was derived by inference, what of it? It is legitimate to draw conclusions by inference. The Gemara responds: Perhaps this principle, that the halakha is established in accordance with the compromise opinion, applies only in a mishna; but in a baraita, no, it does not apply. Perhaps the baraita is not a sufficiently reliable source to establish the halakha in accordance with the compromise opinion based on its formulation. Rabba bar bar Ḥana said to Rav Yosef: I heard it explicitly. An amoraic dispute was stated: With regard to hot water that was heated on Shabbat eve before Shabbat, Rav said: The next day, on Shabbat, one may wash his entire body with it; however, not all at once. Rather, he washes one limb at a time, in a departure from the standard practice, to remind him that it is Shabbat. And Shmuel said: They only permitted washing one’s face, his hands, and his feet with hot water, even if it was heated on Shabbat eve; however, they did not permit washing his entire body, even in increments. The Gemara raises an objection from what was taught in a baraita: Hot water that was heated on Shabbat eve, the next day one may wash his face, his hands, and his feet with it but not his entire body. This is a conclusive refutation of Rav’s opinion. Rav could have said to you: When the baraita says: Not one’s entire body, it means not his entire body at once, but one limb and then another limb until he washes his entire body is permitted. The Gemara asks: Doesn’t it say one’s face, his hands, and his feet, and no more? Rav answers: It means that one washes his body in a manner similar to the manner that one washes his face, his hands, and his feet, i.e., each limb separately, and they were cited as examples of washing one limb at a time. The Gemara cites an additional proof. Come and hear from what was taught in a baraita: They only permitted to wash one’s face, his hands, and his feet with hot water that was heated before Shabbat. This poses a difficulty to Rav. Rav answers: Here too, this refers to washing one limb at a time, in a manner similar to the way one washes his face, his hands, and his feet. The Gemara remarks: A baraita was taught in accordance with the opinion of Shmuel: Hot water that was heated on Shabbat eve, the next day one may wash his face, his hands, and his feet with it but not his entire body, even one limb at a time. And, needless to say, this is the halakha with regard to hot water that was heated on a Festival. Rabba would teach this halakha of Rav in this language: Hot water that was heated on Shabbat eve, the next day, Rav said: One may bathe his entire body in it and exclude one limb to remind himself that today is Shabbat. They raised all of these conclusive refutations, with which they objected to the previous version of Rav’s statement, against him and the Gemara concludes: Indeed, it is a conclusive refutation. Rav Yosef said to Abaye: Does Rabba act in accordance with this halakha of Rav? He said to him: I do not know. The Gemara asks: What is his dilemma? It is obvious that Rabba did not act in accordance with Rav’s statement, as Rav’s statement was conclusively refuted. The Gemara answers: Perhaps he did not hear, i.e., he did not know of the challenges or he did not consider them substantial. Perhaps, in his opinion, it is still reasonable to act in accordance with Rav’s statement. The Gemara says: If so, there is still no room for the dilemma. And if Rabba did not hear this refutation, certainly he acted in accordance with Rav’s opinion, as Abaye said: In all halakhic matters of the Master, Rabba, he conducted himself in accordance with the opinion of Rav, except these three where he conducted himself in accordance with the opinion of Shmuel. He ruled: One may untie ritual fringes from garment to garment, and one may light from one Hanukkah lamp to another lamp, and the halakha is in accordance with the opinion of Rabbi Shimon in the case of dragging. According to Rabbi Shimon, it is permitted to drag heavy objects, and there is no concern that, as a result, a ditch might be dug in the ground. In any case, it is certainly reasonable to say that he acted in accordance with the opinion of Rav in the case of bathing on Shabbat as well. The Gemara answers: His is not an absolute proof. Perhaps Rabba’s custom was that he acted in accordance with the stringencies of Rav and he did not act in accordance with the leniencies of Rav. Washing with hot water on Shabbat is one of Rav’s leniencies. Therefore, it is not clear how Rabba acted in practice. The Sages taught in a Tosefta: A bathhouse whose openings were sealed on Shabbat eve so that the heat would not diminish, after Shabbat one may bathe in it immediately. If its openings were sealed on the eve of a Festival, the next day, on the Festival itself, one may enter and sweat in the heat produced by the hot water and emerge and rinse with cold water in the outer room of the bathhouse. Rabbi Yehuda said: There was an incident in the bathhouse of Benei Berak, whose openings were sealed on the eve of a Festival. The next day, on the Festival itself, Rabbi Elazar ben Azarya and Rabbi Akiva entered and sweated there, and emerged and rinsed themselves in the outer room. However, this bathhouse was unique because the hot water was covered by wooden boards and there was no concern lest a person bathe in the hot water. When this matter came before the Sages, they said: Even if its hot water is not covered by boards, it is permitted to sweat from the heat in the bathhouse. When the number of transgressors increased, the Sages began to prohibit this. However, the large bathhouses [ambatyaot] in cities, one may stroll through them as usual and need not be concerned about the prohibitions of Shabbat, even if he sweats while doing so. And the Gemara asks: What are these transgressors? The Gemara answers: Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: Initially, people would bathe even on Shabbat in hot water that was heated before Shabbat. The bathhouse attendants began to heat water on Shabbat and say that it was heated before Shabbat. Therefore, the Sages prohibited bathing in hot water and permitted sweating. And they would still bathe in hot water and say: We are sweating, and that is why we entered the bathhouse. Therefore, the Sages prohibited sweating and permitted bathing in the hot springs of Tiberias. And people would still bathe in hot water heated by fire and say: We bathed in the hot springs of Tiberias. Therefore, they prohibited even the hot springs of Tiberias and permitted them to bathe in cold water. When the Sages saw that their decrees were not upheld by the people because of their stringency, they permitted them to bathe in the hot springs of Tiberias, and the decree prohibiting sweating remained in place. In this context, Rava said: One who violates a decree of the Sages, it is permitted to call him a transgressor. Transgressor is not a term limited to one who violates a severe Torah prohibition. The Gemara asks: In accordance with whose opinion did Rabba make this statement? Rabba’s statement is according to this tanna in the baraita, who referred to those who violated a rabbinic decree as transgressors. It was taught in a Tosefta: In bathhouses in cities, one may stroll through them and, even if he sweats while doing so, need not be concerned. Rava said: This applies specifically to bathhouses in cities; but in villages, no, it does not apply. What is the reason for this distinction? Since the bathhouses in the villages are small, their heat is great, and even merely walking through them will certainly cause one to sweat. The Sages taught: One may warm himself opposite a bonfire on Shabbat and emerge and rinse in cold water as long as he does not first rinse in cold water and then warm himself opposite the bonfire. This is prohibited because he thereby warms the water on his body and renders it lukewarm. The Sages also taught: A person whose intestines are painful may heat up a towel [aluntit] and place it on his intestines even on Shabbat. This is permitted as long as one does not bring a kettle of water and place it on his intestines on Shabbat, lest the water spill and he come to wring it out (Tosafot), which is a prohibited labor on Shabbat. And placing a kettle directly on his intestines is prohibited even on a weekday due to the danger involved. If the water is extremely hot it could spill and scald him. Similarly, the Sages taught: One may bring a jug [kiton] full of cold water and place it opposite the bonfire on Shabbat; not so that the water will heat up, as it is prohibited to cook on Shabbat, rather to temper the cold, as one is permitted to render water less cold on Shabbat. Rabbi Yehuda says: A woman may take a cruse of oil and place it opposite the bonfire; not so the oil will cook, rather, so it will warm until it is lukewarm. Rabban Shimon ben Gamliel says: A woman may smear her hand with oil, and heat it opposite the fire, and afterward smear her young son with the heated oil, and she need not be concerned about cooking on Shabbat. A dilemma was raised before the Sages: With regard to heating oil in this manner on Shabbat, what is its legal status according to the first tanna, who permits doing so with water? Does he permit oil as well? Rabba and Rav Yosef both said that the opinion of the first tanna is to permit doing so in the case of oil. Rav Naḥman bar Yitzḥak said that the opinion of the first tanna is to prohibit doing so. Rabba and Rav Yosef both said that the opinion of the first tanna is to permit doing so. The Gemara explains the dispute in the mishna: Oil, even though it is heated to the point at which the hand spontaneously recoils [soledet] from its heat, is permitted to be heated in this manner. The reason is because the first tanna holds that oil is not subject to the prohibition of cooking. Cooking oil to its boiling point requires a very high temperature; merely heating it is not considered cooking. And Rabbi Yehuda came to say that oil is subject to the prohibition of cooking; however, warming it to a lukewarm temperature is not tantamount to cooking it. Therefore, it is permitted to place a jar of oil near the fire in order to raise its temperature, though it is prohibited to heat it to the point of cooking. And Rabban Shimon ben Gamliel came to say that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. He permitted it only in the specific case of a woman who smeared her hand with oil, heated it, and smeared her son with it. Rav Naḥman bar Yitzḥak said: The opinion of the first tanna is to prohibit doing so. He explains the dispute in the following manner: According to the first tanna, with regard to oil, even if the heat is not so great that the hand spontaneously recoils from it, it is prohibited to heat it. He holds that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. And Rabbi Yehuda came to say, leniently, that warming it is not tantamount to cooking it. And Rabban Shimon ben Gamliel came to disagree with Rabbi Yehuda and to say that oil is subject to the prohibition of cooking, and warming it is tantamount to cooking it. The Gemara questions: According to this explanation, the opinion of Rabban Shimon ben Gamliel is identical to the opinion of the first tanna. What is the difference between them? The Gemara answers: There is a practical difference between them in a case where this is done in a backhanded manner, i.e., not as it is typically done. According to the first tanna, it is totally prohibited to heat the oil, whereas according to Rabban Shimon ben Gamliel, it is permitted to heat the oil in a backhanded manner. Rav Yehuda said that Shmuel said that the halakha is: With regard to both oil and water, heating either one to the point where the hand spontaneously recoils from it is prohibited. Heating either one to the point where the hand does not spontaneously recoil from it is permitted. The Gemara asks: And what are the circumstances in which a hand spontaneously recoils from it? Not all hands are equal in their sensitivity to heat. The Sage, Raḥava, said: Any water that could cause a baby’s stomach to be scalded is considered water from which the hand spontaneously recoils. Rav Yitzḥak bar Avdimi said: One time I followed Rabbi Yehuda HaNasi into the bathhouse on Shabbat to assist him, and I sought to place a jar of oil in the bathtub for him, to heat the oil somewhat before rubbing it on him. And he said to me: Take water from the bath in a secondary vessel and place the oil into it. The Gemara remarks: Learn from this comment of Rabbi Yehuda HaNasi three halakhot: Learn from it that oil is subject to the prohibition of cooking. This explains why he prohibited placing it in the bathtub. And learn from it that a secondary vessel is not hot and does not cook. And learn from it with regard to oil that warming it is tantamount to cooking it. The Gemara is astonished by this story: How did Rabbi Yehuda HaNasi do this? How did he teach his student halakha in the bathhouse? Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said: In all places, it is permitted to contemplate Torah matters except for the bathhouse and the bathroom? And if you say that he spoke to him in a secular language, didn’t Abaye say: Secular matters are permitted to be spoken in the sacred language, Hebrew, even in the bathhouse, and sacred matters may not be spoken in the bathhouse even in a secular language? The Gemara answers: It was permitted for Rabbi Yehuda HaNasi to conduct himself in that manner because he was preventing an individual from violating a prohibition, which is different. Know that this is so, as Rav Yehuda said that Shmuel said: There was an incident where a student of Rabbi Meir followed him into the bathhouse on Shabbat and sought to rinse the floor in order to clean it. And Rabbi Meir said to him: One may not rinse the floor on Shabbat. The student asked if it was permitted to smear the floor with oil. He said to him: One may not smear the floor with oil. Apparently, preventing one from violating a prohibition is different. Here too, in the incident involving Rabbi Yehuda HaNasi, preventing one from violating a prohibition is different and permitted. Ravina said: Learn from it that one who cooks in the hot springs of Tiberias on Shabbat is liable, as the incident with Rabbi Yehuda HaNasi was after the decree, and he said to his student: Take hot water in a secondary vessel and place the oil into it. Had he cooked the oil in the hot water itself, he would have violated a Torah prohibition. Since the incident with Rabbi Yehuda HaNasi took place after the Sages issued a decree to prohibit bathing in hot water on Shabbat, it must have taken place in a bath in the hot springs of Tiberias. The Gemara challenges this: Is that so? Didn’t Rav Ḥisda say that one who cooks in the Tiberias hot springs on Shabbat is not liable? The Gemara answers: There is no contradiction. What, too, is the meaning of the term liable that Ravina said? It does not mean that one who cooked in the hot springs of Tiberias is liable to be stoned or to bring a sin-offering like one who violates a Torah prohibition. Rather, it means liable to receive lashes for rebelliousness, which one receives for intentionally violating rabbinic decrees. Rabbi Zeira said: I saw Rabbi Abbahu floating in a bath on Shabbat, and I do not know if he lifted his feet and was actually swimming in the water, or if he did not lift his feet. The Gemara questions Rabbi Zeira’s uncertainty. It is obvious that he did not lift his feet, as it was taught in a baraita: A person may not float in a pool full of water on Shabbat, and even if the pool was in a courtyard, where there is no room for concern lest he violate a prohibition. This is not difficult; this baraita is referring to a place that does not have embankments surrounding it. Since there are no partitions, it appears like an ocean or a river. That incident involving Rabbi Abbahu occurred in a place that has embankments and looks like a vessel. Therefore, the Sages did not prohibit it. After citing what Rabbi Zeira related with regard to Rabbi Abbahu, the Gemara cites that Rabbi Zeira said: I saw that Rabbi Abbahu, while he was bathing, placed his hands over his genitals for the sake of modesty, and I do not know whether he touched them or did not touch them. The Gemara questions Rabbi Zeira’s uncertainty. It is obvious that he did not touch his genitals, as it was taught in a baraita: Rabbi Eliezer says: One who holds his penis and urinates it is as if he were bringing a flood to the world. He is liable to become aroused by that contact and that is an extremely severe transgression, comparable to the transgressions violated in the generation of the flood. Abaye said: Nevertheless, no proof can be cited from that baraita. Perhaps the Sages rendered the legal status of this situation like that of a military unit, as we learned in a mishna: A military unit that entered a city, if it entered during peacetime, after the soldiers leave, the open barrels of wine are prohibited and the wine in them may not be drunk due to suspicion that the gentile soldiers may have poured this wine as a libation for idolatry. The sealed barrels are permitted. However, if the unit entered in wartime, both are permitted because in wartime there is no respite to pour wine for idolatry, and one can be certain that the soldiers did not do so. Apparently, since they are afraid, they do not pour libations. Here too, in the case of bathing, since he is afraid, he will not come to have impure thoughts. The Gemara asks: And what fear is there here that would prevent one bathing from having impure thoughts? The Gemara answers: Fear of the river. Since he needs to be careful that the water does not wash him away, he is too distracted to think of other matters. The Gemara questions the story itself: And is that so? Is it permitted under any circumstances to cover one’s genitals while bathing? Didn’t Rabbi Abba say that Rav Huna said that Rav said: Anyone who places his hands over his genitals is as if he denies the covenant of our father Abraham? It appears as if he is covering himself to obscure the fact that he is circumcised. The Gemara answers: This is not difficult, as there is room to distinguish and say that this, the case where it is prohibited to cover oneself, is when he is descending into the river and there are no people facing him and he need not be concerned with modesty. In that case covering oneself is prohibited as he appears to be renouncing the covenant of Abraham. That, the case where, in certain circumstances, this prohibition does not apply, is when he is emerging from the river. When he emerges, he is facing the people on the riverbank and it is then permitted to cover himself in the interest of modesty, as that which Rava would do. He would bend over when he was naked. Rabbi Zeira would stand upright, in accordance with Rav’s statement that it is prohibited to appear to be renouncing the covenant of Abraham. When the Sages of the school of Rav Ashi descended into the river they stood upright. When they emerged from the river they bent over. Speaking of bathing and its halakhot, the Gemara relates: Rabbi Zeira was avoiding being seen by his teacher, Rav Yehuda, as Rabbi Zeira sought to ascend to Eretz Yisrael and his teacher disapproved. As Rav Yehuda said: Anyone who ascends from Babylonia to Eretz Yisrael transgresses a positive commandment, as it is stated: “They shall be taken to Babylonia and there they shall remain until the day that I recall them, said the Lord” (Jeremiah 27:22). Based on that verse, Rav Yehuda held that since the Babylonian exile was by divine decree, permission to leave Babylonia for Eretz Yisrael could only be granted by God. Rabbi Zeira did not want to discuss his desire to emigrate with Rav Yehuda, so that he would not be forced to explicitly disobey him. Nevertheless, he said: I will go and hear something from him and then I will leave. He went and found Rav Yehuda standing in the bathhouse and telling his servant: Bring me natron [neter] with which to wash, bring me a comb, open your mouths and let out air, and drink from the water of the bathhouse. Rabbi Zeira said: If I had come only to hear this matter from Rav Yehuda, it would suffice for me. The Gemara analyzes the lessons learned from this story. Granted, when Rav Yehuda said: Bring me natron, bring me a comb, he was teaching us that mundane matters are permitted to be spoken in the bathhouse, even in the sacred language. When he said: Open your mouths and let out air, that too is in accordance with that which Shmuel said, as Shmuel said: Heat produces heat. The hot air that one inhales causes him to sweat more quickly. However, drink the water of the bathhouse, what benefit is there in doing that? The Gemara answers: As it was taught in a baraita: One who ate and did not drink at all, what he ate becomes blood and that causes the onset of intestinal disease. One who ate and did not walk four cubits after eating, what he ate rots and that causes the onset of bad breath. One who needs to defecate and ate is similar to an oven that was lit on top of its ashes. When ashes from a previous fire are not swept out, and new logs are placed on top of the old ones, it inhibits the burning and dirties the oven, and that causes the onset of odor of the filth of perspiration in a person. As far as our matter is concerned, the baraita teaches: One who bathed in hot water and did not drink from it is like an oven that was lit from the outside and not lit from the inside. The lighting is ineffective and the oven does not heat properly. Rav Yehuda told his servants to drink the hot water while bathing so that they would be heated from the inside and the outside. The baraita continues: One who bathed in hot water and did not rinse afterward with cold water is like iron that was placed in the fire and not placed afterward in cold water, which leaves the iron soft. And one who bathed and did not smear himself with oil afterward is like water that was poured on top of a barrel, and not into it. The water spills outside the barrel. MISHNA: In this mishna, the Sages discuss two vessels used for heating water. With regard to a mulyar, a bronze vessel into which coals are placed in an outer compartment and water is placed into an adjacent inner compartment, whose coals were swept, one may drink from it on Shabbat. With regard to an antikhi, which is a vessel with a different configuration, even if its coals were swept, one may not drink from it on Shabbat. GEMARA: The Gemara asks: What are the circumstances of a swept mulyar? The Gemara answers: A mulyar is the vessel, explained in the Tosefta on our mishna, that has water on the inside and coals on the outside. With regard to the identity of an antikhi there are different opinions. Rabba said that it refers to a stove. A space is created in the wall of a stove and filled with water. Since the stove is very hot, it is prohibited to use this water. Rav Naḥman bar Yitzhak said: An antikhi is a cauldron, i.e., a vessel made from two cauldrons stacked one on top of the other with coals in the bottom one and water in the upper one. These two different opinions have halakhic implications. The one who says that it is prohibited to use a vessel composed of two cauldrons, all the more so it is prohibited to use the space inside of a stove. And the one who says that it is prohibited to use the space inside a stove, a vessel composed of two cauldrons, no, it is not prohibited. It was taught in a baraita in accordance with the opinion of Rav Naḥman: An antikhi, even if it was swept and covered with ashes, one may not drink from it on Shabbat because its copper heats it. The heating in an antikhi is by means of the coals beneath the water. MISHNA: The Sages added to the laws of leaving food on a source of heat and cooking food on Shabbat: An urn that was emptied of its hot water on Shabbat, one may not place cold water into it so that the cold water will be heated. However, one may place cold water into an urn or into a cup that were emptied of their hot water in order to warm it but not in order to heat it. GEMARA: The mishna seems to contradict itself. The first statement completely prohibits placing water into an urn, and later it was partially permitted. The Gemara asks: What is the mishna saying? Rav Adda bar Mattana said that it said the following: An urn that was emptied of its hot water, one may not put a small amount of water into it so that it will become very hot. However, one may put a large quantity of water into it in order to warm it. A large quantity of cold water will not be heated in those circumstances. The Gemara questions this leniency: By putting cold water into the urn, doesn’t it harden the vessel? Cold water poured into a heated metal vessel reinforces the vessel. It is one of the stages in the labor of a blacksmith. How is it permitted to do something similar on Shabbat? The Gemara answers: This mishna is in accordance with the opinion of Rabbi Shimon, who stated a principle with regard to the laws of Shabbat: An unintentional act, i.e., a permitted action from which a prohibited labor inadvertently ensues, is permitted. Here too, his intention was to warm the water, not to reinforce the vessel. Abaye strongly objects to this explanation: Does it say in the mishna: An urn from which water was emptied? That would indicate that he sought to fill the vessel with other water and warm up that water. Rather, an urn that was removed was taught in the mishna, meaning that the urn was removed from the fire, not that the water was emptied from it. Rather, Abaye said this is what the mishna is saying: An urn that was removed from the fire and contains hot water, one may not place a small quantity of water in it so that the water will become hot; rather, one may place a large quantity of water in it so that the water will become warm. And with regard to an urn from which water was removed; one may not place any water into it because he hardens the vessel by placing cold water into a hot vessel. And, according to this explanation, our mishna is in accordance with the opinion of Rabbi Yehuda, who said that an unintentional act from which a prohibited labor inadvertently ensues is prohibited on Shabbat. With regard to the matter itself, Rav said: They taught that one is permitted to place cold water into an urn with hot water after it was removed from the fire, when his intention is only to warm the cold water. However, if he did this in order to harden the vessel, it is prohibited. And Shmuel said: Even if he does so in order to harden the vessel, it is also permitted. The Gemara wonders: Is hardening permitted ab initio? Isn’t it a full-fledged prohibited labor on Shabbat? Rather, if the dispute between Rav and Shmuel was stated, it was stated as follows. Rav said: They taught that it is permitted to add water only in a measure that is sufficient to warm the water, i.e., to only partially fill the vessel. However, filling it completely with a measure sufficient to harden the vessel is prohibited. And Shmuel said: Even a measure sufficient to harden the vessel is permitted, since one did not intend to perform that prohibited labor. The Gemara asks: Is that to say that Shmuel, who permits adding water even in an amount sufficient to harden a vessel, holds in accordance with the opinion of Rabbi Shimon, who says that one may perform an action that inadvertently results in a prohibited labor? Didn’t Shmuel say: One may extinguish a piece of white-hot metal in a public area on Shabbat so that the masses will not be injured? That is because the piece of white-hot metal is not actual fire and extinguishing it is prohibited by rabbinic decree, not Torah law. The Sages did not issue decrees in situations where there is concern for public safety. However, one may not extinguish a red-hot wood coal because extinguishing it is prohibited by Torah law. And if it would enter your mind that Shmuel holds in accordance with the opinion of Rabbi Shimon, it should even be permitted to extinguish wood as well. When one extinguishes the coal, he intends neither to perform a prohibited labor nor to derive any benefit. He merely intends to prevent the coal from causing injury. Extinguishing the coal is a labor not necessary for its own sake. Rabbi Shimon says that one who performs a labor not necessary for its own sake is exempt. The Gemara responds: In the case of an unintentional act, Shmuel holds in accordance with the opinion of Rabbi Shimon. In the case of labor not necessary for its own sake, he holds that he is liable, in accordance with the opinion of Rabbi Yehuda. Ravina said: Therefore, a thorn in the public domain that is liable to cause injury, one may move it from there in increments, each less than four cubits, on Shabbat. Although the Torah prohibits carrying an object four cubits in the public domain on Shabbat, carrying less than four cubits is prohibited only by rabbinic law. From Shmuel’s statement, it is clear that the Sages did not issue a decree in any case where there is a threat to the masses. And, therefore, if the thorn was in a karmelit, where the prohibition to carry is by rabbinic law, one is permitted to carry it even more than four cubits. We learned in the mishna: However, one may place water into an urn in order to warm it. The Sages taught in a baraita: A person may place hot water into cold water, but not cold into hot; this is the statement of Beit Shammai. In their opinion the cold water becomes heated by the hot water beneath it. And Beit Hillel say: Both hot into cold and cold into hot are permitted. However, Beit Hillel did not permit this in all cases. In what case is this said? It is in the case of a cup. However, in a bath with a lot of water, it is permitted to pour hot into cold but not cold into hot. And Rabbi Shimon ben Menasya prohibits even putting hot into cold. Rav Naḥman said: The halakha is in accordance with the opinion of Rabbi Shimon ben Menasya in this matter. Rav Yosef thought to say that the legal status of a basin [sefel], which is a vessel used for washing, is like that of a bath, and it is prohibited to pour water into it. Abaye said to him that Rabbi Ḥiyya taught a baraita: A basin is not like a bath in terms of pouring water into it. The Gemara asks: And according to what entered Rav Yosef’s mind initially, that a basin is like a bath with regard to this halakha, and Rav Naḥman said that the halakha is in accordance with the opinion of Rabbi Shimon ben Menasya in this matter, does that mean that on Shabbat there is no possibility of washing with hot water? No all-encompassing prohibition of washing with hot water on Shabbat was ever taught. The Gemara replies: Do you think that Rabbi Shimon ben Menasya is referring to the latter clause of the mishna? No, he is referring to the first clause of the mishna, where we learned that Beit Hillel permit both hot water into cold and cold water into hot, and Rabbi Shimon ben Menasya prohibits placing cold water into hot. The Gemara asks: If so, say that Rabbi Shimon ben Menasya stated his opinion in accordance with the opinion of Beit Shammai. Isn’t the halakha generally established according to Beit Hillel? The Gemara explains: He said the following: Beit Shammai and Beit Hillel did not dispute this matter. Rabbi Shimon ben Menasya had a different tradition with regard to the opinions of Beit Shammai and Beit Hillel. Rav Huna, son of Rav Yehoshua, said: I saw that Rava was not strict in the case of a vessel and made no distinction between cold and hot. From where did he derive this leniency? From a baraita that Rabbi Ḥiyya taught: A person may place a jug of water into a basin of water, both hot into cold and cold into hot. Rav Huna said to Rav Ashi: There is a weakness in this proof, as perhaps there it is different because the vessel forms a partition between the hot and cold water. He is not pouring cold water into the basin itself but is placing a jug whose sides form a partition into the basin. He said to him: The term pour was stated in that baraita. This is the correct version: A person may pour a jug of water into a basin of water, both hot into cold or cold into hot. Therefore, there is no room to distinguish between the two cases. MISHNA: In continuation of the discussion of vessels where the prohibition of cooking applies even though the vessels are not actually on the fire itself, the mishna establishes: A stew pot [ilpas] and a pot that were removed from the fire while they were still boiling, even if they were removed before Shabbat, one may not place spices into them on Shabbat itself. Even though the pot is not actually standing on the fire, the spices are still cooked in it because the pot is a primary vessel, i.e., a vessel whose contents were cooked on the fire. However, one may place the spices into a bowl or into a tureen [tamḥui], which is a large bowl into which people pour the contents a stew pot or a pot. Bowls and tureens are both secondary vessels and food placed into them does not get cooked. Rabbi Yehuda says: One may place spices into anything on Shabbat except for a vessel that has in it something containing vinegar or brine of salted fish. GEMARA: A dilemma was raised before the Sages: Is Rabbi Yehuda referring to the first clause of the mishna and being lenient? According to that possibility, the mishna prohibits placing spices into any boiling pot and Rabbi Yehuda holds that this only applies if there is fish brine or vinegar inside the pot. Or perhaps he is referring to the latter clause of the mishna and is being stringent? The Rabbis said that one is permitted to place spices into a bowl or a tureen, and Rabbi Yehuda came to add a stringency and say that if the bowl or tureen contains vinegar or brine, it is prohibited to place spices into it. Come and hear a resolution to this dilemma from that which was taught explicitly in a baraita that Rabbi Yehuda says: Into all stew pots one may place spices on Shabbat; into all pots, even those that are boiling, one may place spices, except for one that contains vinegar or brine. The baraita clearly indicates that Rabbi Yehuda disputes the first clause of the mishna and is being lenient. Rav Yosef thought to say that salt is like a spice whose legal status is: In a primary vessel that was on the fire, salt gets cooked and therefore it is prohibited to place salt into it on Shabbat. And in a secondary vessel, into which the contents of a primary vessel were poured, salt does not get cooked. Abaye said to him: Didn’t Rabbi Ḥiyya already teach that salt is not like a spice? Certainly he meant that in a secondary vessel it also gets cooked. And the Gemara remarks that this conclusion disputes the statement of Rav Naḥman, as Rav Naḥman said: Salt requires cooking for as long as the meat of an ox does, i.e., it requires extensive cooking. And some say a very different version of this: Rav Yosef thought to say that salt is like a spice, i.e., in a primary vessel it gets cooked, whereas in a secondary vessel it does not get cooked. Abaye said to him: Didn’t Rabbi Ḥiyya already teach that salt is not like a spice, meaning that in a primary vessel, it also does not get cooked? And that is precisely what Rav Naḥman said: Salt requires cooking for as long as the meat of an ox does. MISHNA: From a discussion of the halakhot of insulation and preparation for Shabbat followed by a brief tangent dealing with the prohibited labor of cooking on Shabbat, the mishna proceeds to briefly discuss prohibitions relating to set-aside [muktze] items in terms of Shabbat lamps. One may not place a vessel beneath the oil lamp, the vessel containing the oil and the wick, on Shabbat in order to receive the oil that drips from the wick. And if one placed the vessel on Friday while it was still day, it is permitted. However, in any case, one may not make use of the oil on Shabbat because it is not from the oil prepared from Shabbat eve for use on Shabbat. The oil in the lamp was already set aside and designated solely for the purpose of lighting the lamp. GEMARA: Rav Ḥisda said: Although the Sages said that one may not place a vessel beneath a hen preparing to lay an egg on Shabbat on an inclined surface, in order to receive its egg and prevent it from breaking when it falls; however, they permitted overturning a vessel onto an egg on Shabbat so that it will not be trampled and break. Rabba said: What is Rav Ḥisda’s reason? He holds that a hen is likely to lay its egg in a garbage dump and people or animals will oftentimes step on it, but it is not likely to lay its egg on an inclined surface where the egg could roll down and break. And in a common case of preservation, the Sages permitted overturning a vessel onto the egg that is located in the garbage dump to protect it from being broken. And in an uncommon case of preservation, i.e., placing a vessel beneath a hen to receive its egg so that it would not roll down an inclined surface, they did not permit doing so. Abaye raised an objection to Rabba’s opinion from a baraita: And is it so that in an uncommon case of preservation they did not permit taking steps to protect the object on Shabbat? Wasn’t it taught in a baraita: One whose barrel of untithed produce [tevel], which may not be eaten until it is tithed, broke on top of his roof on Shabbat, may bring a vessel and place it beneath the barrel so that the untithed produce is not lost. Even though eating untithed produce is prohibited on Shabbat, they permitted carrying a vessel to preserve it even in the uncommon case of a barrel that breaks. Apparently, even in an uncommon case of preservation the Sages permit taking the necessary steps. Rabba answered: This too, is a common case of preservation because it is an instance of new barrels [gulfei], which commonly break. Abaye raised another objection to Rabba’s opinion from the last mishna in this chapter: One may place a vessel beneath the oil lamp in order to receive burning sparks of oil that drip from the burning wick even though this is not common. Rabba answered: Sparks are also common and therefore, it is a common case of preservation. Abaye raised another objection to Rabba’s opinion from a baraita: One may overturn a bowl on the oil lamp so that the flame will not set fire to the beam. Apparently, the Sages permitted moving a vessel, even though this is not a common case of preservation. Rabba answered him: This is a case of low-ceilinged houses in which fires are common. And it is likewise difficult from a mishna: The beam of a roof that broke, one may support it with a bench and with the lengths of a bed frame so that it will not fall. Even though this is an uncommon case of preservation, it is permitted. Rabba answered: This is a case of new beams, which commonly break. This too is a common case of preservation. And Abaye raised another objection from a mishna: One may place a vessel beneath a leak in the ceiling on Shabbat. Apparently, even an uncommon case of preservation is permitted. Rabba answered: This is a case of new houses, which frequently leak. Rav Yosef said: This is the reasoning of Rav Ḥisda, who allowed covering a hen’s egg, but not placing a vessel underneath the hen, in order to receive the egg when it is laid: Because by receiving the egg in the vessel, he negates a vessel’s preparedness. Initially, the vessel was available for any use. Since it now contains an egg that may neither be used nor moved, the vessel too may no longer be carried. It is tantamount to breaking the vessel. Abaye raised an objection to Rav Ḥisda’s opinion, just as he had to Rabba’s opinion, from the Tosefta: One whose barrel of untithed produce, which may not be eaten until it is tithed, broke on Shabbat, may bring another vessel and place it beneath the barrel so that the untithed produce is not lost. Even though eating untithed produce is prohibited on Shabbat, they permitted carrying a vessel to preserve it even in the uncommon case of a barrel that breaks. Apparently, one is permitted to negate the vessel’s preparedness. Rav Yosef said to him: This is not difficult. Fundamentally, untithed produce is available for use on Shabbat. As, if one sins and prepares it for use by tithing it on Shabbat, it is prepared and may be eaten and carried. Abaye raised another objection from a mishna: One may place a vessel underneath the oil lamp in order to receive the burning sparks of oil that drip from the wick. Once the vessel is filled with the drops of oil, it will no longer be available. Rav Huna, son of Rav Yehoshua, said: Sparks have no substance. They burn and dissolve as they fall into the bowl and do not accumulate. Therefore, the vessel may still be used. And he also raised another objection from a mishna: A beam that broke, one may support it with a bench and with the lengths of a bed frame so that it will not fall. By doing so, he negates the preparedness of the bench or bed frame. He answered: This is a case in which the bench is loosely supporting the beam and not supporting its entire weight. If one wants to do so, he can take the bench. Therefore, the preparedness of the bench is not negated. And he also raised another objection from a mishna: One may place a vessel beneath a leak that is dripping from the ceiling on Shabbat. The dripping water has no use and is set-aside; therefore, the water negates the vessel’s preparedness. He answered him: This is a case of a leak that is suitable for drinking. Since it has a use, one is permitted to carry the water that is in the vessel. Consequently, he does not negate the vessel’s preparedness by placing it beneath the leak. And he also raised another objection from a Tosefta: One may overturn a basket in front of chicks so that they can climb on and climb off of it. By doing so, he negates the vessel’s preparedness due to the chicks, as moving them is prohibited on Shabbat. The Gemara answers: Rav Yosef holds that it is permitted to move the basket on Shabbat. The Gemara asks: Wasn’t it taught in a baraita that it is prohibited to move the basket? The Gemara replies: This prohibition was stated when they are still on it; however, once the chicks climbed off the basket, it may be carried immediately. The Gemara asks: Wasn’t it taught in a baraita that even though they are no longer on it, it is prohibited to move the basket? Consequently, the vessel’s preparedness is negated. Rabbi Abbahu said: That baraita is referring to the unique case where the chicks remained on top of the basket for the entire twilight period on Shabbat eve. This is in accordance with the principle: Since it was set aside from use during twilight of Shabbat eve, it was set aside for the entire day of Shabbat. The status of every vessel, i.e., whether or not it may be used on Shabbat, is determined at twilight. With regard to the basic halakha of a hen that lays an egg on Shabbat, Rabbi Yitzḥak said: Just as one may not place a vessel beneath a hen on Shabbat in order to receive its egg, so too, one may not overturn a vessel onto the egg so that it will not break. The Gemara explains that he holds: A vessel may only be carried on Shabbat for the sake of an object that may be carried on Shabbat. Since the egg may not be carried on Shabbat, it is prohibited to carry a vessel for its sake. The Gemara raises all of these objections that were raised to Rav Hisda’s opinion, which permitted doing so. And he answered: All of those halakhot are referring to cases where one needs to move the vessel that he is using for the set-aside item, because he requires its location. This is in accordance with the principle that once it is permitted, for whatever reason, to move any vessel, one may place it anywhere he chooses. To clarify whether or not the opinion of Rabbi Yitzḥak is valid, come and hear what was taught in a baraita: With regard to both an egg that was laid on Shabbat and an egg that was laid on a Festival, one may neither move it to cover a vessel with it, nor to support the legs of a bed with it. However, one may cover it with a vessel so that it does not break. This is contrary to Rabbi Yitzḥak’s opinion. Here too, it is referring to a vessel that one seeks to move because he requires its location. Since he was permitted to move it from its place, he is also permitted to cover an egg with it. Come and hear an additional proof from that which we learned: One may spread mats on top of stones on Shabbat. Apparently, it is permissible to move a vessel for the sake of something that may not be moved on Shabbat. The Gemara responds: This is a case of rounded rocks that are suitable to be used in the bathroom. Therefore, it is permitted to carry them on Shabbat. Come and hear another proof from that which we learned: One may spread mats on top of bricks on Shabbat. Bricks may not be used on Shabbat. Nevertheless, one is permitted to carry mats for the sake of bricks that are prohibited for use on Shabbat. The Gemara replies: This is referring to a case of bricks that are not set aside for construction, but are left over from a completed building and are suitable for people to lean on them. Consequently, they are like other household vessels, and moving them and moving mats to protect them is permitted. Come and hear another proof for this from that which we learned: One may spread a mat over a beehive on Shabbat in the sun due to the need to protect it from the sun, and in the rain due to the need to protect it from the rain, as long as he does not intend to trap the bees by covering them. In any event, apparently it is permitted to move a mat for the sake of the beehive even though the beehive itself may not be moved on Shabbat. The Gemara rejects this: With what are we dealing here? With a case where there is honey in the beehive. He is permitted to cover it for the sake of the honey. Rav Ukva from Meishan said to Rav Ashi: Granted, you could say this in the summer, as there is honey in the beehive during the summer. However, during the rainy season in which there is not honey in the beehive, what can be said according to Rabbi Yitzḥak to explain why it is permitted to cover the beehive at that time? The Gemara answers: This halakha is only applicable in order to permit covering the beehive for those two honeycombs that remain in the hive even during the rainy season so that the bees can feed off of them. The Gemara asks: Aren’t these honeycombs set aside for the bees alone? The Gemara responds: This is a case where one thought of them before Shabbat and, in his mind, prepared them to be eaten. The Gemara asks: By inference, if one did not think about them, what would be the ruling? It would be prohibited to cover the beehive. If so, this tanna who taught in that same baraita: As long as he does not intend to trap the bees, let him distinguish and teach with regard to that same halakha itself: In what case are these matters stated, that one is permitted to cover the hive? It is in a case where he thought of them before Shabbat. However, if he did not think of them, it is prohibited. The Gemara answers: This teaches us a novel understanding. Even though he thought of them before Shabbat, it is only permitted as long as he did not intend to trap them. With regard to the matter itself, the Gemara asks: In accordance with whose opinion is this baraita? If it is in accordance with the opinion of Rabbi Shimon, he does not hold that there is a prohibition of set-aside. Consequently, there is no distinction between the different beehives. If it is in accordance with the opinion of Rabbi Yehuda, when he does not have intention to trap the bees, what of it? Doesn’t Rabbi Yehuda hold that even an unintentional act is prohibited? The Gemara replies: Actually, this baraita is in accordance with the opinion of Rabbi Yehuda. What does: And as long as one does not intend to trap the bees, mean? It means that one should not make the mat like a trap. He must leave space so that the bees will not get trapped on their own. Rav Ashi said that it can be resolved differently: Did the baraita teach: In the summer and in the rainy season? Actually, it taught: In the sun due to the sun and in the rain due to the rain. That can be interpreted as follows: In the days of Nisan and in the days of Tishrei, as then there is sun shining and there is also cold weather; and there is rain and there is honey in the beehives. Rav Sheshet said to the Sages: Go out and tell Rabbi Yitzḥak in Eretz Yisrael: Rav Huna already explained your halakha in Babylonia. There is nothing novel in the principle that you established that a vessel may only be moved for the sake of something that may be moved, as Rav Huna said: One may make a partition for the dead for the benefit of a living person, and one may not make a partition for the dead for the benefit of the dead person. It is prohibited to move objects for the sake of a corpse because it is prohibited to move the corpse itself on Shabbat. The Gemara asks: What is the practical application of this halakha? As Rav Shmuel bar Yehuda said, and likewise the Sage, Sheila Mari taught in a baraita: A corpse that is laid out in the sun and there is concern that it will putrefy and smell, what can be done? Two people come and sit beside it. After a while, when they feel hot from beneath them, this one brings a bed and sits on it and that one brings a bed and sits on it on either side of the corpse, as they are permitted to carry the beds for their own use. When they feel hot from above them, they bring a mat and spread it over their heads. Then, this one stands his bed up so the mat will remain resting atop it and slips away and leaves, and that one stands his bed up and slips away and leaves, and a partition is then created over the corpse as if on its own without erecting it directly for the sake of the corpse. Apparently, the Sages did not permit carrying a mat to cover a corpse for the sake of the corpse. They only permitted doing so in an indirect manner for the benefit of the living. Incidental to the mention of halakhot related to a corpse on Shabbat, the Gemara cites an amoraic dispute in which it was stated: A corpse that was laid out in the sun, Rav Yehuda said that Shmuel said: One turns it over from bed to bed until it reaches the shade. Rav Hanina bar Shelamiyya said in the name of Rav: One places a loaf of bread or an infant on the corpse and moves it. The corpse becomes a base for an object that one is permitted to move on Shabbat and, consequently, one may move the corpse due to the permitted object. The Gemara adds: In a case where there is a loaf or an infant, everyone agrees that it is permitted to use that method to move the corpse. Where they argue is in a case where he does not have a loaf or an infant. One Sage, Rav, holds: Moving an object in an atypical manner is considered a bona fide act of moving. Therefore, one may not move the corpse by passing it from bed to bed. And the other Sage, Shmuel, holds that moving an object in an atypical manner is not considered moving. Therefore, it is permitted to move a corpse by passing it from bed to bed. With regard to this dispute between Rav and Shmuel, the Gemara remarks: Let us say that this dispute is parallel to a dispute between tanna’im in the Tosefta. The Rabbis said: One may not rescue a corpse from a fire on Shabbat. Rabbi Yehuda ben Lakish said: I heard that one may rescue a corpse from a fire. The Gemara seeks to clarify the matter: What are the circumstances? If there is a loaf or an infant available, what is the rationale for the opinion of the first tanna, who prohibited rescuing the corpse from the fire? If there is not a loaf or an infant, what is the reason of Rabbi Yehuda ben Lakish who permits rescuing the corpse from the fire? Rather, is it not that they disagree over moving an object in an atypical manner? As this Sage, the first tanna, holds that moving an object in an atypical manner is considered moving. Therefore, it is prohibited to rescue the corpse in that manner. And this Sage, Rabbi Yehuda ben Lakish, holds that moving an object in an atypical manner is not considered moving. Therefore, it is permitted to rescue the corpse in this manner. The amoraic dispute deals with an issue already disputed by the tanna’im. The Gemara rejects this: No, everyone, both tanna’im, agrees that moving an object in an atypical manner is considered moving. Rather, this is the rationale for the opinion of Rabbi Yehuda ben Lakish: Since a person is agitated about his deceased relative and is concerned about maintaining the dignity of the dead, if you do not permit him to move the corpse in an atypical manner, he will come to extinguish the fire. The Sages permitted performing an act prohibited by rabbinic law so that one will not come to transgress a Torah prohibition. Rabbi Yehuda ben Sheila said that Rav Asi said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Lakish with regard to the issue of rescuing a corpse from a fire. We learned in the mishna that one may not make use of the oil that drips from the candle on Shabbat because it is not among the oil prepared from Shabbat eve for use on Shabbat. With regard to this same issue, the Sages taught in a baraita: The remaining oil that is in the lamp or in a bowl in which a wick was burning is prohibited for use on Shabbat. However, Rabbi Shimon permits using the remaining oil as, according to his opinion, there is virtually nothing prohibited due to the prohibition of set-aside. MISHNA: The dispute in this mishna seems to be a local one; however, it is the key to several halakhot in the area of the prohibition of set-aside [muktze]. One may move a new oil lamp on Shabbat but not an old one that was already used. A lamp that was used is covered with soot and unsuitable for use. It is therefore considered set aside from use due to its disgusting nature. Rabbi Shimon says: All oil lamps may be moved on Shabbat except for an oil lamp that is burning on Shabbat, due to the concern that it might be extinguished. GEMARA: The Sages taught the dispute in the mishna in greater detail in a Tosefta: One may move a new oil lamp on Shabbat but not an old one; this is the statement of Rabbi Yehuda. Rabbi Meir says: All oil lamps may be moved on Shabbat except for an oil lamp that they kindled on that Shabbat. Rabbi Meir does not hold that one must distance himself from objects that are disgusting. However, since the lamp was burning on Shabbat, it may not be moved, as it is an object set aside due to prohibition for the entire Shabbat. Rabbi Shimon says: All lamps may be moved except for an oil lamp that is burning on Shabbat. If the flame was extinguished, one is permitted to move it. However, a cup and a bowl and a lantern that are full of oil with a wick lit in them, one may not move them from their place even after the flame is extinguished. And Rabbi Eliezer, son of Rabbi Shimon, says: One may supply himself with oil from an extinguished candle and from the oil that drips from the lamp, and even while the lamp is burning. Abaye said: Rabbi Eliezer, son of Rabbi Shimon, holds in accordance with the opinion of his father in one matter and disagrees with him in one matter. He holds in accordance with the opinion of his father in one matter, as he is not of the opinion that moving set-aside objects is prohibited. And he disagrees with him in one matter; as his father holds that if the flame was extinguished, yes, he may move it, if it was not extinguished, no, he may not move it. And Rabbi Eliezer holds: Even though the flame was not extinguished, it is permitted to carry the lamp and to use the oil that drips from it. In his opinion, doing so in no way extinguishes the flame and it is in no way comparable to extinguishing the flame. Following Rabbi Shimon’s statement, it was taught in the Tosefta: However, a cup, and a bowl, and a lantern, one may not move them from their place. The Gemara asks: What is different about these, that even Rabbi Shimon prohibits moving them? Ulla said: In the latter clause of this Tosefta, we came back to explain the opinion of Rabbi Yehuda, who prohibits moving items that are set-aside. Mar Zutra strongly objects to Ulla’s explanation: If so, what is the meaning of the word however in the phrase: However, a cup and a bowl, etc.? Rabbi Yehuda prohibited moving an oil lamp as well. In what way could the legal status of a bowl be any different? Rather, Mar Zutra said: Actually, this must be explained differently. That phrase was stated by Rabbi Shimon. And when Rabbi Shimon permitted moving a lamp, that was in the case of a small lamp, which he has in mind, i.e., he is certain that the flame will be extinguished on Shabbat and that he will have the opportunity to use the remaining oil that day. However, these, the bowl and the lantern, which have much oil, no, he does not expect them to be extinguished and he sets them aside from use for the entire Shabbat. The Gemara asks: Wasn’t it taught in a baraita: Using the remaining oil that is in an oil lamp or in a bowl is prohibited on Shabbat, and Rabbi Shimon permits using it. Apparently, Rabbi Shimon does not distinguish between a candle and a bowl. The Gemara answers: There, where Rabbi Shimon permitted a bowl, was specifically in a case where it is similar to a lamp, i.e., a small bowl in which the flame will quickly extinguish. Here, where Rabbi Shimon prohibited using the oil remaining in a bowl, it is referring to a bowl that is similar to a cup, which is large. Rabbi Zeira said: A metal candlestick [pamot] that was kindled on Shabbat, according to Rabbi Shimon, who permits moving a lamp, it is prohibited because it is large. Whereas, according to Rabbi Yehuda, who prohibits moving a lamp, a metal candlestick is permitted because it does not become disgusting (Rabbeinu Ḥananel). The Gemara asks: Is that to say that Rabbi Yehuda is of the opinion that an object that is set-aside [muktze] due to repugnance may not be moved, and he is not of the opinion that an object that is set-aside due to prohibition may not be moved, and therefore permits moving the candlestick? Wasn’t it taught in a baraita that Rabbi Yehuda says: All metal candlesticks may be moved on Shabbat with the exception of a candlestick that was kindled on Shabbat itself? Apparently, he prohibits moving the metal candlestick, not because it is disgusting but because it is set-aside due to prohibition. Rather, if it was stated, it was stated as follows, Rabbi Zeira said: A metal candlestick that was kindled on Shabbat, everyone agrees that it is prohibited. One that was not kindled on Shabbat, everyone agrees that it is permitted because it is neither set aside due to prohibition nor set aside due to repugnance. Rav Yehuda said that Rav said: A bed which one designated to place money upon it may not be moved on Shabbat because it is set-aside. It is prohibited even though it no longer has money upon it. Rav Naḥman bar Yitzḥak raised an objection to Rav Yehuda from our mishna: One may move a new oil lamp on Shabbat but not an old one. He explains his objection: And just as a lamp, which is made for this purpose, for lighting, when he did not light it, he is permitted to move it, a bed, which is not made for that purpose, for placing money on it, all the more so moving it would be permitted. Rather, if it was stated, it was stated as follows: Rav Yehuda said that Rav said: A bed that one designated for money to be placed upon it, if one left money upon it one day, it becomes designated for that purpose and it is prohibited to move it on Shabbat. If one did not leave money upon it, it is permitted to move it on Shabbat. A bed, which one did not designate for money to be placed upon it, if there is money upon it on Shabbat itself, it is prohibited to move it on Shabbat. If there is not money on it, it is permitted to move it. And that is only when there was not money on it during the twilight period between Shabbat eve and Shabbat. If there was money on it at that time, the bed itself becomes set aside due to prohibition for the entire Shabbat, even if the money fell off the bed in the course of the day. Ulla said: Rabbi Eliezer raised an objection to Rav’s statement from that which we learned in a mishna. This mishna deals primarily with the laws of ritual impurity and discusses the relationship between a wagon and its undercarriage [mukheni], the system of wheels and the frame at the base of the wagon. And the Sages said: The wagon’s undercarriage, when it is detachable from the wagon, it is not considered connected to it and they are considered independent units as far as the halakhot of ritual impurity are concerned. And it is not measured with it. This refers to calculating the volume of forty se’a, as a vessel with a volume larger than forty se’a does not have the legal status of a vessel and cannot become ritually impure. And the undercarriage likewise does not protect together with the wagon in a tent over the corpse. A large wagon is considered a tent in and of itself and the vessels inside the wagon do not become impure if the wagon is over a corpse. However, the undercarriage is not included with the wagon in this regard. If a hole in the wagon is sealed by the undercarriage, it is not considered sealed with regard to preventing ritual impurity. And, likewise, one may not pull the wagon on Shabbat when there is money upon it. By inference: If there is not money on it, one is permitted to move the wagon even though there was money on it at twilight. In this mishna, the prohibition is contingent exclusively on whether or not there is money on the wagon at that time. The Gemara answers: That mishna is in accordance with the opinion of Rabbi Shimon, who is not of the opinion that there is a prohibition of set-aside. And Rav holds in accordance with the opinion of Rabbi Yehuda. Since according to Rabbi Yehuda there is a prohibition of set-aside, the wagon became set aside from use during the twilight period and remains prohibited for the entire Shabbat. The Gemara adds: So too, it is reasonable to say that Rav holds in accordance with the opinion of Rabbi Yehuda, as Rav said: One may place a lamp atop a palm tree on Shabbat eve to burn on Shabbat, and one may not place a lamp atop a palm tree on a Festival. Granted, if you say that Rav holds in accordance with the opinion of Rabbi Yehuda in this matter; that is why there is a distinction between Shabbat and a Festival. Since the lamp is set-aside [muktze] on Shabbat one will not come to carry it. Since one is permitted to carry a lamp on a Festival, there is concern that one might climb the palm tree or make use of the tree on the Festival and thereby transgress the rabbinic prohibition against making use of something connected to the ground on a Festival. However, if you say that Rav holds in accordance with the opinion of Rabbi Shimon, who maintains that the lamp is not set-aside even on Shabbat, what difference is there to me between Shabbat and a Festival? Ostensibly, there should be no distinction between the two. The Gemara asks: And does Rav really hold in accordance with the opinion of Rabbi Yehuda that it is prohibited to move an object that is set-aside? Didn’t they raise a dilemma before Rav: What is the ruling with regard to moving a Hanukkah candle from before the ḥabarei, Persian Zoroastrian fire priests, on Shabbat? Those priests prohibited lighting fires on certain days. In order to prevent them from discovering that he lit Hanukkah candles it was necessary to quickly move them. And he said to them: One may well do so. Apparently, Rav does not hold that there is a prohibition of set-aside. The Gemara answers: This is not a proof, as exigent circumstances are different and Rav permitted this due to the danger involved. As Rav Kahana and Rav Ashi said to Rav on this matter: Is that the halakha? He said to them: Rabbi Shimon is worthy to rely upon in exigent circumstances like this one. On this same matter Reish Lakish raised a dilemma before Rabbi Yoḥanan: Wheat kernels that he sowed in the ground that have not yet taken root and he could still gather them, and eggs that were placed beneath the hen and the incubation process has begun, what is the halakha in these cases? Would Rabbi Shimon agree that in these cases it is prohibited for use on Shabbat? One side of the dilemma is: When is Rabbi Shimon not of the opinion that there is a prohibition of set-aside? In a case where one did not reject the object with his own hands, i.e., he did not perform an action setting the object aside. However, in a case where he rejected it with his own hands, he is of the opinion that there is a prohibition of set-aside. When he sowed the wheat, he rejected it with his own hands. The same is true with regard to the egg; by placing it under the hen to hatch, he actively rejected it. The other side of the dilemma is: Or, perhaps there is no difference between the cases and Rabbi Shimon holds that there is no prohibition of set-aside in either case. Rabbi Yoḥanan said to him: There is only a prohibition of set-aside, according to Rabbi Shimon, in the case of oil that is in the lamp while it is burning. Since it was set aside for its mitzva, the lighting of Shabbat candles, and it was also set aside for its prohibition, it is prohibited due to the concern that one might inadvertently extinguish the flame if he moves it while it is burning. The Gemara asks: And does he not hold that the prohibition of set-aside applies to an object set aside only for its mitzva without any prohibition? Wasn’t it taught in a baraita: One who roofed the sukka in accordance with its halakhic requirements and decorated it for aesthetic purposes with colored hangings and tapestries, and hung as decorations nuts, peaches, almonds and pomegranates, and grape branches, and wreaths made of stalks, wine, oils, and fine flour, it is prohibited to supply himself from them until the conclusion of the last day of the Festival. Since they were all set aside for the mitzva of sukka, all other uses are prohibited. And if one stipulated at the time that he hung them in the sukka that he is not designating them exclusively for this purpose, but he intends to use them for other purposes as well, their use is entirely in accordance with his stipulation. He is permitted to use them as he chooses. And from where do we know that this unattributed baraita is in accordance with the opinion of Rabbi Shimon? We ascertained this from a comparison to a baraita that was taught by Rabbi Ḥiyya bar Yosef. As Rabbi Ḥiyya bar Yosef taught before Rabbi Yoḥanan: One may not take wood from the sukka that was constructed for shade on any Festival, even if the wood fell from the sukka on the Festival. Because it is prohibited to destroy the sukka on the Festival, it was set aside before the Festival for the entire duration of the Festival. Rather, one may take wood only from what is beside the sukka, i.e., bundles of wood that are not being used for the sukka. When he placed them there, his intention was to use them during the Festival. And Rabbi Shimon permits taking wood even from the sukka itself, since he holds that there is no prohibition of set-aside. And Rabbi Yehuda and Rabbi Shimon agree that taking wood from the sukka constructed for the Sukkot festival is prohibited during the Festival. And if one stipulated about the wood that he will be able to use it during the Festival, everything is in accordance with his stipulation. Apparently, Rabbi Shimon prohibits using an object that was set aside due only to a mitzva, even though it was not set aside due to a prohibition. Therefore, the Gemara emends Rabbi Yoḥanan’s statement: There is no halakha of set-aside according to Rabbi Shimon except in a case similar to oil in the candle. It is not necessary that there be both a prohibited labor and a prohibition due to the mitzva. Rather, since it was set aside for the mitzva alone, it is thereby set aside for the prohibition. It was also stated: Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: There is only a prohibition of set-aside according to Rabbi Shimon in a case similar to oil in the candle while it is burning; since it was set aside for its mitzva, it was set aside for its prohibition. Rav Yehuda said that Shmuel said: There is only a prohibition of set-aside according to Rabbi Shimon in the cases of dried figs and raisins alone. The case of one who takes figs and raisins up to his roof in order to dry them in the sun is the only situation in which Rabbi Shimon holds that they are prohibited on Shabbat due to the prohibition of set-aside. Since in the initial stages of the process they emit a bad odor and are unfit for consumption, one consciously sets them aside. The Gemara challenges: And other items are not included in the prohibition of set-aside? Wasn’t it taught in a baraita: One who was eating figs and left some over and took them up to the roof to make them into dried figs, and likewise one who was eating grapes and left some over and took them up to the roof to make them into raisins, one may not eat them on Shabbat unless he designates them to be eaten before Shabbat. Otherwise, they are prohibited as set-aside. And you would say the same with regard to peaches, and quinces, and all other types of fruit that one left out to dry. It is prohibited to eat them all on Shabbat due to set-aside. The Gemara seeks to clarify: Whose opinion is it in the baraita? If you say that it is the opinion of Rabbi Yehuda, this baraita is superfluous. If in a case where one did not reject it with his own hands, he holds that there is a prohibition of set-aside, in a case where he rejected it by his own hand, all the more so that it is prohibited. There is no need to articulate the halakha in this unique case. Rather, isn’t this baraita in accordance with the opinion of Rabbi Shimon? Apparently, he expands the halakhot of set-aside beyond dried figs and raisins. The Gemara rejects this: Actually, this halakha is in accordance with Rabbi Yehuda who holds that there is a prohibition of set-aside. And the case cited here, where he was eating figs, is necessary in order to teach us a novel halakha. It may enter your mind to say that since one was in the course of eating, he does not require prior designation; and if he changed his mind he may immediately retrieve the dried figs that he placed on the roof. Therefore, the baraita teaches us that since he brought them up to the roof, he diverted his attention from them and they are completely set-aside. On the same topic: Rabbi Shimon bar Rabbi Yehuda HaNasi, raised a dilemma before his father, Rabbi Yehuda HaNasi: Unripe dates that are placed in baskets to ripen and until they are ripe can only be eaten with difficulty, according to the opinion of Rabbi Shimon, what is their legal status as far as moving them on Shabbat is concerned? Are they considered set-aside? Rabbi Yehuda HaNasi said to him: There is only a prohibition of set-aside according to Rabbi Shimon in the cases of dried figs and raisins alone. The Gemara challenges this: And does Rabbi Yehuda HaNasi not hold that there is a prohibition of set-aside? Didn’t we learn in a mishna that on a Festival, before they are slaughtered, one may neither give water to, in order to ease removal of their hides, nor slaughter non-domesticated, desert animals, animals that are always grazing in the fields? Since people do not generally tend to them, they are considered set-aside and may not be used. However, one may give water to and slaughter domesticated animals. And it was taught in a baraita that these are non-domesticated, desert animals: Any animals that leave their sheds on Passover and only enter their sheds with the advent of the rainy season. Domesticated animals are any animals that go out to graze beyond the city limits, and come and sleep within the city limits. Rabbi Yehuda HaNasi says: These and those are both domesticated. And these are the non-domesticated, desert animals that are prohibited due to the prohibition of set-aside: Any animals that graze in the grazing area and neither enter the town during the summer nor during the rainy season. It is these animals that it is prohibited to give water to or slaughter on a Festival. Apparently, Rabbi Yehuda HaNasi holds that there is a prohibition of set-aside even in the case of animals. Several resolutions are proposed to this contradiction: If you wish, say that these non-domesticated animals that graze in the grazing areas throughout the year are also considered like dried figs and raisins. Even Rabbi Shimon would agree to this halakha. And if you wish, say instead: When Rabbi Yehuda HaNasi told his son that answer, he was saying it to him in accordance with the opinion of Rabbi Shimon, and he himself does not hold that way. And if you wish, say instead: In that baraita, he spoke to them in accordance with the statement of the Rabbis, and this is how his statement must be understood: In my opinion I do not hold that there is a prohibition of set-aside at all. However, according to your opinion, at least agree with me that animals that leave their sheds on Passover and only enter their sheds with the advent of the rainy season are domesticated. And the Rabbis said to him: No, those are non-domesticated animals. As to the essential dispute with regard to the laws of set-aside, Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They said that the halakha is in accordance with the opinion of Rabbi Shimon who holds that there is no prohibition of set-aside. The Gemara asks: Did Rabbi Yoḥanan actually say this? Didn’t an Elder from Keruya, and some say that he was from Seruya, raise a dilemma before Rabbi Yoḥanan: With regard to a hen’s roost, what is its legal status as far as moving it on Shabbat is concerned? Rabbi Yoḥanan said to him: Isn’t the roost made exclusively for hens to be inside it? Since it is not designated for use by people, moving it is prohibited. Apparently, he holds in accordance with the opinion of Rabbi Yehuda with regard to set-aside. The Gemara answers: With what are we dealing here? With a special case, when there is a dead chick in the roost. Moving the roost is prohibited due to the dead chick, which is set-aside. The Gemara continues to ask: This works out well according to the opinion of Mar bar Ameimar in the name of Rav, who said: Rabbi Shimon agreed in the case of animals that died on Shabbat, that they are prohibited on Shabbat due to set-aside. However, according to the opinion of Mar, son of Rav Yosef, in the name of Rava, who said: Rabbi Shimon was in disagreement even in the case of animals that died, and said that they are permitted and are not prohibited as set-aside, what can be said? The Gemara responds: With what are we dealing here? With a case where there is an egg that was laid on Shabbat in the roost. Because it was laid on Shabbat it is considered set-aside, and using the egg is prohibited. The thought of using it never entered anyone’s mind before Shabbat. The Gemara asks: Didn’t Rav Naḥman say: One who is of the opinion that there is a prohibition of set-aside, is also of the opinion that there is a prohibition of an object that came into being on Shabbat or on a Festival; and one who is not of the opinion that there is a prohibition of set-aside, is also not of the opinion that there is a prohibition of an object that came into being. This case is no different than other cases of set-aside. The Gemara responds: This is referring to a case where the roost has an egg with a chick in it. Even Rabbi Shimon would agree that moving an egg of that sort is prohibited since it is fit for neither human nor animal consumption. This explanation was cited to explain that Rabbi Yoḥanan could hold in accordance with the opinion of Rabbi Shimon. However, when Rav Yitzḥak, son of Rabbi Yosef, came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda that there is a prohibition of set-aside. And Rabbi Yehoshua ben Levi said: The halakha is in accordance with the opinion of Rabbi Shimon, that there is no prohibition of set-aside. Rav Yosef said: That is what Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They said that the halakha is in accordance with the opinion of Rabbi Shimon. The inference is: They said; however, he himself does not hold that this is the halakha. Abaye said to Rav Yosef: And you yourself did not hold that Rabbi Yoḥanan rules in accordance with the opinion of Rabbi Yehuda, even before Rav Yitzḥak came and cited this statement in his name? Didn’t Rabbi Abba and Rabbi Asi happen to come to the house of Rabbi Abba who was from the city Haifa, and a candelabrum fell onto Rabbi Asi’s cloak and he did not move it? What is the reason that he did not lift it? Is it not because Rabbi Asi was a student of Rabbi Yoḥanan, and Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Yehuda, who holds that there is a prohibition of set-aside? Apparently, Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Yehuda. Rav Yosef said to Abaye: Candelabrum you say; are you citing a proof from the case of a candelabrum? A candelabrum is different because there is a unique halakha in that case. As Rabbi Aḥa bar Rabbi Ḥanina said that Rabbi Asi said that Reish Lakish issued a ruling in the city of Sidon: A candelabrum that can be moved in one of his hands, one is permitted to move it on Shabbat. However, if it is so heavy that one must move it with his two hands, it is prohibited to move it. And Rabbi Yoḥanan said: We have permission to carry only in the case of an oil lamp, according to the opinion of Rabbi Shimon. However, with regard to a candelabrum, both one that is carried in one hand and one that is carried in two hands, it is prohibited to move it. The Gemara asks: And what is the reason that there is a unique prohibition in the case of a candelabrum? Rabba and Rav Yosef both said: Since a person usually designates a fixed place for it due to its size and its use, it is considered a built-in part of the house, and moving the candelabrum is like dismantling the house. Abaye said to Rav Yosef: A groom’s canopy is an object for which a person designates a set place, and, nevertheless, Shmuel said in the name of Rabbi Ḥiyya: With regard to a groom’s canopy, it is permitted to assemble it and it is permitted to dismantle it on Shabbat. If a permanent object like that one may be assembled on Shabbat and there is no concern for the prohibition of building, all the more so it should not be considered building and dismantling in the case of a candelabrum. Rather, Abaye said: Here it is referring to a special candelabrum made of joints, removable parts, and there is concern lest it fall and break into its component parts when it is moved, and one may come to reassemble it, which would be tantamount to crafting a vessel on Shabbat. The Gemara asks: If so, if it is referring to that type of candelabrum, what is the reason for the opinion of Rabbi Shimon ben Lakish who permits moving the candelabrum? The Gemara replies: It is not referring to a candelabrum that can actually be dismantled. Rather, what is the meaning of joints? Similar to joints, i.e., there are grooves in it and it appears as if it is made of different components. Therefore, in summary: With regard to a candelabrum made of actual joints, both one that is large and one that is small, it is prohibited to move it. In addition, a large candelabrum that has grooves, everyone agrees that it is prohibited to move it by rabbinic decree, which was issued due to a large candelabrum made of joints. Because it is common for a large candelabrum to be made of joints, if one saw someone carrying a large, grooved candelabrum, he would mistakenly assume that it had joints due to the similarity between them, and would mistakenly permit carrying a large candelabrum actually composed of joints. Where Rabbi Yoḥanan and Reish Lakish disagree is in the case of a small candelabrum that has grooves. This Sage, Rabbi Yoḥanan, holds that we issue a decree prohibiting moving even a small, grooved candelabrum due to a large one. And this Sage, Reish Lakish, holds that we do not issue a decree. Because a small candelabrum is not typically made of joints, everyone realizes that the grooves are strictly decorative. The Gemara questions: And did Rabbi Yoḥanan actually say that the halakha is in accordance with the opinion of Rabbi Yehuda? Didn’t Rabbi Yoḥanan state the following principle: The halakha is in accordance with an unattributed mishna? And we learned in the mishna that discusses ritual impurity of a wagon with a detachable undercarriage: The wagon’s undercarriage, when it is detachable from the wagon, it is not considered connected to it and they are considered independent units as far as the halakhot of ritual impurity are concerned. And it is not measured with it. This refers to calculating the volume of forty se’a, as a vessel with a volume larger than forty se’a does not have the legal status of a vessel and cannot become ritually impure. And the undercarriage likewise does not protect together with the wagon in a tent over the corpse. A large wagon is considered a tent in and of itself, and the vessels inside the wagon do not become impure if the wagon is over a dead body. However, the undercarriage is not included with the wagon in this regard. If a hole in the wagon is sealed by the undercarriage, it is not considered to be sealed with regard to preventing ritual impurity. And, likewise, one may not pull the wagon on Shabbat when there is money upon it. By inference: If there is not money on it, one is permitted to move the wagon even though there was money on it at twilight. An object that was set aside at twilight is set aside for the entire Shabbat. In this mishna, moving the wagon is permitted. Clearly, the unattributed mishna is in accordance with the opinion of Rabbi Shimon, who holds that there is no prohibition of set-aside. Why, then, did Rabbi Yoḥanan, who always rules in accordance with an unattributed mishna, not rule in accordance with the opinion of Rabbi Shimon? Rabbi Zeira said: Let our mishna apply only to a case in which there was no money on the wagon throughout the entire duration of twilight. This strained interpretation is accepted so as not to contradict and reject Rabbi Yoḥanan’s statement. Rabbi Yehoshua ben Levi said: One time, Rabbi Yehuda HaNasi went to the town of Deyosfera, and issued a ruling with regard to a candelabrum in accordance with the ruling that Rabbi Shimon made with regard to an oil lamp. This description is insufficiently clear, therefore a dilemma was raised before the Sages: Does this mean that he issued a ruling in the case of a candelabrum, like the ruling that Rabbi Shimon made in the case of an oil lamp, to permit moving it? Or, perhaps, he issued a ruling in the case of a candelabrum to prohibit moving it, and in another case he ruled in accordance with the ruling that Rabbi Shimon made in the case of an oil lamp, to permit moving it. There was no resolution found to this dilemma and therefore it stands unresolved. It is told that Rav Malkiya happened to come to the house of Rabbi Simlai and moved an extinguished oil lamp, and Rabbi Simlai became angry, as in his opinion it is prohibited to move an oil lamp because it is set-aside. Likewise, Rabbi Yosei the Galilean happened to come to the place of Rabbi Yosei, son of Rabbi Ḥanina, and moved an oil lamp, and Rabbi Yosei, son of Rabbi Ḥanina, became angry. The Gemara also relates that Rabbi Abbahu, when he happened to come to the place of Rabbi Yehoshua ben Levi, he would move an oil lamp. However, when he happened to come to the place of Rabbi Yoḥanan, he would not move an oil lamp. The Gemara wondered: Whichever way you look at it there is a difficulty. If he holds in accordance with the opinion of Rabbi Yehuda, let him act in accordance with the opinion of Rabbi Yehuda everywhere and refrain from moving the lamp. And if he holds in accordance with the opinion of Rabbi Shimon, let him act in accordance with the opinion of Rabbi Shimon everywhere and move the oil lamp. The Gemara answers: Actually, it can be explained that Rabbi Abbahu holds in accordance with the opinion of Rabbi Shimon; however, in deference to Rabbi Yoḥanan he did not act accordingly, so as not to act contrary to his ruling in the place where he was the authority. With regard to the halakhot of moving lamps on Shabbat, Rav Yehuda said: With regard to an extinguished oil lamp, it is permitted to move it, whereas a naphtha lamp, it is prohibited to move it. Since the smell of naphtha is unpleasant, the lamp is used exclusively for lighting. Therefore, moving it is prohibited. Rabba and Rav Yosef both said: With regard to a naphtha lamp, too, it is permitted to move it. The Gemara relates: Rav Avya happened to come to Rava’s house. His feet were dirty with clay and he put them on the bed before Rava. Rava became angry at him for dirtying the bed and, therefore, sought to torment him with questions that he could not answer. Rava said to him: What is the reason that Rabba and Rav Yosef both said that with regard to a naphtha lamp, too, that it is permitted to move it? Rav Avya said to him: Since it is suitable to cover a vessel with it. Rava said to him: But if that is so, all pebbles in the yard may also be carried ab initio on Shabbat, since it is suitable to cover a vessel with them. Rav Avya said to him: There is a distinction between these cases. This, the lamp, the status of a vessel applies to it and there are leniencies that apply to vessels with regard to the halakhot of set-aside. These, the pebbles, the status of a vessel does not apply to it, as they are a raw material. Carrying them is prohibited unless designated for a specific purpose before Shabbat. Was it not taught in a baraita that bracelets, nose-rings and rings, although it is prohibited to go out into the public domain wearing them on Shabbat, they are like all the vessels that may be moved in the courtyard; in the private domain, one may move them and they are not set-aside. And Ulla said: What is the reason that it is permitted to move nose-rings in the yard? It is because the status of a vessel applies to it. Apparently, vessel status is sufficient to permit moving it on Shabbat. Rav Naḥman bar Yitzḥak said: Thank God that Rava did not embarrass Rav Avya and Rav Avya managed to successfully answer Rava’s questions. Abaye raised a contradiction before Rabba citing two sources with regard to set-aside on Shabbat. It was taught in a baraita: With regard to the remaining oil that is in an oil lamp and in a bowl in which a wick was lit, it is prohibited to use it on Shabbat and Rabbi Shimon permits using it. Apparently, Rabbi Shimon is not of the opinion that there is a prohibition of set-aside. And a contradiction is raised from a parallel source, in which the Sages discussed the halakha of the firstborn of a kosher animal that developed a blemish on a Festival. The firstborn must be examined to determine whether or not that type of blemish disqualifies the animal from being sacrificed as an offering. If it is disqualified, it may be redeemed, slaughtered, and eaten as non-sacred meat on the Festival. Rabbi Shimon says: Any firstborn animal whose blemish is not perceptible before the Festival is not among the animals prepared prior to the Festival for use on the Festival, and it is prohibited to slaughter it. Apparently, an item not prepared in advance has set-aside status according to Rabbi Shimon. Rabba said to him: How can you compare these cases? There, in the case of the lamp, a person sits and anticipates when his candle will be extinguished. It is clear to him that it will be extinguished, and he can safely assume that a certain amount of oil will remain in the lamp or the bowl. Here, does a person sit and anticipate when a blemish will befall his animal? The owner of the animal says: Who says that a blemish will befall his animal? And even if you say that a blemish will befall it, who says that a permanent blemish that would enable it to be slaughtered will befall it? And even if you say that a permanent blemish will befall it, who says that a Sage will agree to engage in examining the blemish? Since there are so many uncertainties involved, if the blemish is not perceptible before the Festival, the possibility of the firstborn animal becoming available does not enter a person’s mind at all. Rami bar Ḥama raised an objection to this last point from that which we learned in a mishna: One may nullify vows on Shabbat. A woman who vowed that certain food is prohibited to her, her husband can nullify her vow on Shabbat. And likewise one may request that a Sage find an opening to dissolve his vows, i.e., a factor that the one taking the vow failed to take into account or an element of regret, if that nullification or dissolution is for the purpose of Shabbat. The question arises: And why, after a man has nullified his wife’s vow, should she be permitted to eat that food? When the woman vowed not to eat that food, she consciously set it aside. Even if some way to dissolve the vow is found, the food should remain set-aside. On the basis of the same uncertainty that was raised above, say: Who says that her husband will agree to engage in nullifying her oath? Perhaps he will refuse to nullify it. The Gemara answers: There, in the case of vows, it can be explained in accordance with that which Rav Pineḥas said in the name of Rava, who came to explain some of the fundamentals of the halakhot of vows, as Rav Pineḥas said in the name of Rava: Every woman who takes a vow, it is from the outset contingent on her husband’s consent that she takes the vow. Since she knows that her husband has the ability to nullify it, her vows are not absolute and their final validation comes only through her husband’s agreement. When a woman vows, she does not set aside the food absolutely from potential use. Moreover, the Gemara cites proof for this from that which was taught: Come and hear: One may request that a Sage dissolve his vows for the purpose of Shabbat on Shabbat, i.e., one who vowed on Shabbat that eating on that day is prohibited for him. And why is he permitted to eat something that was prohibited to him by his vow? Say again: Who says that the Sage will agree to engage in dissolution of his vow? Consequently, one has certainly diverted his attention from the food, set it aside, and it should be prohibited to eat it. The Gemara answers: Nevertheless, there is a difference, as there, in the halakhot of vows, even if the Sage does not agree to engage in dissolution of his vow, he can suffice with renouncing the vow before three common people. Even though it is preferable to have a Sage dissolve his vow, in exigent circumstances one may turn to a court of three common people to dissolve it. He will certainly find a way to dissolve his vow. However, here, in the case of the firstborn animal, who says that the Sage will agree to engage in examination of the blemish? In the halakhot of firstborn animals only an ordained Sage, who received special license to do so, is authorized to verify that it is a permanent blemish and permit redemption and slaughter of the animal as a non-sacred animal. Abaye raised a contradiction before Rav Yosef: Did Rabbi Shimon actually say that when a lamp is extinguished, it is permitted to move it on Shabbat? By inference: After it is extinguished, yes, moving it is permitted; so long as it is not extinguished, no, moving it is prohibited. What is the reason that it is prohibited to move a burning candle? It is due to concern that perhaps, as he moves the lamp, the flame will be extinguished. However, is Rabbi Shimon really concerned that a flame will be extinguished under those circumstances? Didn’t we learn that Rabbi Shimon stated a principle: An unintentional act, a permitted action from which an unintended prohibited labor ensues on Shabbat, since he did not intend to perform the prohibited action, is permitted? As it was taught in a baraita, Rabbi Shimon says: A person may drag a bed, chair, and bench on the ground, as long as he does not intend to make a furrow in the ground. Even if a furrow is formed inadvertently, one need not be concerned. Since that was not his intention, there is no prohibition according to Rabbi Shimon. Consequently, according to Rabbi Shimon there should be no prohibition in moving a burning candle, even though it may be extinguished. Since that is not the intention of the one moving it, no prohibition would be violated. The Gemara answers that there is a distinction between the cases: In every case where if he intends to perform the action, there is a prohibition by Torah law, e.g., extinguishing a candle; even when he does not intend to do so, Rabbi Shimon issued a decree prohibiting it by rabbinic law. However, in every case where even if he intends to perform the action, there is merely a prohibition by rabbinic law, e.g., digging a furrow which is not a full-fledged act of plowing that is prohibited by Torah law, but is prohibited only by rabbinic law, when he does not intend to perform the action, Rabbi Shimon even permits performing this action ab initio. Rava raised an objection to this distinction from that which we learned in a mishna: Clothing merchants who sell garments made of diverse kinds, a prohibited mixture of wool and linen, may sell them as they normally would to gentiles. A merchant may place the garments he is selling on his shoulders and need not be concerned about the prohibition against wearing diverse kinds, as long as the merchant does not intend to benefit from the garments in the sun as protection from the sun, or in the rain as protection from the rain. However, the modest people, those who are particularly meticulous in their performance of mitzvot, would suspend the wool and linen garments on a stick behind them. And here, isn’t it a case where if one intends to wear the clothing, there is a prohibition by Torah law, and even so when he does not intend to wear it, Rabbi Shimon permits it ab initio. Apparently, Rabbi Shimon does not distinguish between cases on that basis. Rather, Rava said a different explanation for Rabbi Shimon’s prohibition in the case of an oil lamp: Leave the candle, oil, and wick, since they became a base for a prohibited object. Even Rabbi Shimon agrees that a flame burning on Shabbat is set-aside. Since it is prohibited to move the flame, moving the lamp, oil, and wick is also prohibited. Rabbi Zeira said that Rabbi Asi said that Rabbi Yoḥanan said that Rabbi Ḥanina said that Rabbi Romanus said: Rabbi Yehuda HaNasi permitted me to carry a coal pan with its ashes. Rabbi Zeira said to Rabbi Asi: Did Rabbi Yoḥanan actually say that? Didn’t we learn in a mishna: A person may carry his son in his hands and even if the son has a stone, which is prohibited to carry, in his hands; or, one may carry a basket with a stone inside it? And Rabba bar bar Ḥana said that Rabbi Yoḥanan said: We are dealing with a basket that is full of fruit. Due to the fruit, carrying the stone is also permitted. The reason for the leniency is because there is fruit inside the basket; however, if there is no fruit inside it, no, one may not move it. With regard to the coal pan that is filled with ashes, how can moving it be permitted according to Rabbi Yoḥanan? “He was astonished for a while” (Daniel 4:16) and could not find an answer. And, ultimately, Rabbi Asi said: Here, too, it is referring to a case where the coal pan has bits of frankincense that were not yet burned. Due to those bits, moving the pan is permitted. Abaye said: Are small bits in the house of Rabbi Yehuda HaNasi significant? Since they are not significant, they are nullified by the ashes and the mixture is entirely unsuitable for use. And if you say: The bits are suitable for the poor. We will explain that the value of an object is determined not by its context, but by its intrinsic value. Wasn’t it taught in a baraita that there is a difference with regard to the halakhot of ritual impurity between garments belonging to poor people, which can become ritually impure even if they are very small, and garments belonging to the wealthy, which are not considered significant unless they contain a larger amount of fabric? Garments the size of poor people’s clothing are for the poor, and garments the size of rich people’s clothing are for the rich; however, clothes of the poor for the rich are not significant. Apparently, the significance of an object is determined by its context and its owner. Rather, Abaye said an alternative explanation: The halakha here is just as it is in the case of a chamber pot of feces. Since it is disgusting, removing it from the house is permitted, even though clearly there is no use for it. Rava said: There are two answers to reject this analogy: One, a chamber pot with feces is disgusting, and the coal pan is not disgusting. And furthermore: A chamber pot with feces is uncovered and smells, and the coal pan is covered. Rather, Rava said an alternative explanation: When we were at the house of Rav Naḥman we would move a coal pan [kanuna] on account of the ashes, and we did this even though there were broken pieces of wood on it. Since the ashes can be used to cover filth, it is not set-aside and the coal pan may be moved due to the ashes. Even if there were also broken sticks on the pan that are useless, nevertheless they are nullified by the ashes. The Gemara raises an objection to this last remark from that which was cited previously: And Rabbi Yehuda and Rabbi Shimon agree that if there were fragments of a wick in the lamp, that it is prohibited to move it. Apparently, these fragments are not null and render the entire lamp set-aside. Abaye said: No proof can be cited from that baraita because they taught it in the Galilee, where oil is abundant and inexpensive. That is why broken wicks are not nullified relative to the oil (Rav Nissim Gaon). The Gemara relates that Levi bar Shmuel found Rabbi Abba and Rav Huna bar Ḥiyya, who were standing at the entrance of Rav Huna’s house. Levi bar Shmuel said to them: What is the halakha with regard to reassembling a weaver’s loom, which was typically a collapsible frame, on Shabbat? He said to him: It may well be done. He came before Rav Yehuda, asking him the same question, and Rav Yehuda said to him that Rav and Shmuel both said: One who reassembles a weaver’s loom on Shabbat is liable to bring a sin-offering, as he performed a labor prohibited by Torah law on Shabbat. The Gemara raises an objection to the statement of Levi bar Shmuel from the Tosefta: One who reassembles the branch of a disassembled candelabrum on Shabbat is liable to bring a sin-offering. With regard to the plasterer’s pole, which has several component parts, one may not reassemble it ab initio, and if he reassembled it, he is exempt from bringing a sin-offering, although it is prohibited. Rabbi Simai says: With regard to a rounded horn, which is a trumpet that can be dismantled and whose assembly is complicated, one who reassembled it is liable. However, a straight horn, which is easy to assemble, one who assembled it is exempt. Apparently, assembling an object that consists of several components on Shabbat is prohibited by Torah law, and one is liable to bring a sin-offering for doing so. The Gemara answers: They said that it is permitted in accordance with the opinion of this tanna, as it was taught in a baraita: A bed frame, which is a wooden frame through which the ropes of the bed were interlaced, and the legs of the bed, and the archer’s tablets [skibas], which refers to the part of a bow upon which one pulls the arrow back, if they were detached from the bed or from the bow, one may not reassemble them, and if he reassembled them he is exempt. However, doing so is prohibited. And one may not fasten the pieces together forcefully, and if he fastens them, he is liable to bring a sin-offering for performing a labor prohibited by Torah law. Rabban Shimon ben Gamliel says: If it was loose and could be assembled with ease, it is permitted. Rabbi Abba and Rav Huna bar Ḥiyya relied on this opinion. The Gemara relates: In the house of Rav Ḥama, Rava’s grandfather, there was a collapsible bed, similar to a weaver’s loom, and they would reassemble it on a Festival. One of the Sages said to Rava: What is your opinion? Do you hold that this is allowed because it is building in an atypical manner? In other words, one is not performing the prohibited labor of building since it is was not performed in the standard manner? Although there is no Torah prohibition, there is, in any case, a rabbinic prohibition. Rava said to him: I hold in accordance with the opinion of Rabban Shimon ben Gamliel who said that if it were loose, it is permitted even ab initio. MISHNA: One may place a vessel beneath the oil lamp in order to receive burning sparks of oil that fall from the lamp so that they will not cause a fire. And he may not place water into the vessel because he thereby extinguishes the sparks. GEMARA: The Gemara asks: How is it permitted to position this vessel to receive the sparks, doesn’t he thereby negate the vessel’s preparedness? It is no longer prepared for any use on Shabbat as the sparks accord it set-aside status. The opinion that negating the preparedness of a vessel is prohibited has already been stated. Rav Huna, son of Rav Yehoshua, said: Sparks have no substance. They burn immediately and do not leave behind any trace of oil in the vessel. Therefore, the vessel remains suitable to be moved. And we also learned in the mishna that one may not place water into the vessel situated beneath the candle because he thereby extinguishes the sparks. The Gemara remarks: Is that to say that we learned an unattributed mishna in accordance with the opinion of Rabbi Yosei, who said that even an action that causes extinguishing indirectly is prohibited? The extinguishing in this case, where water was placed into a vessel, was not accomplished by means of a direct action. His action only caused it to extinguish indirectly. The Gemara rejects this question in astonishment: And how can you understand it in that manner? Say that Rabbi Yosei said that indirectly causing extinguishing is prohibited on Shabbat; on Shabbat eve did he say this? And if you say that here, too, it is referring to a case where he placed water in the vessel on Shabbat, wasn’t it taught in a baraita: One may place a vessel underneath an oil lamp to receive sparks that fall from the lamp on Shabbat, and, needless to say, placing it there is permitted on Shabbat eve? And one may not put water into the vessel because he will thereby extinguish the spark, even if he placed it there on Shabbat eve, and, needless to say, doing so is prohibited on Shabbat itself. Apparently, the prohibition in the mishna is not at all connected to Rabbi Yosei’s approach. Rather, Rav Ashi said: Even if you say that this mishna is in accordance with the opinion of the Rabbis, it is different here because, in this case, he is not only causing the spark to extinguish. He is hastening its extinguishing, as the sparks are extinguished immediately when they fall into the water (Rabbeinu Ḥananel). In this matter even the Rabbis would prohibit doing so. When a pot is removed from the fire on Shabbat eve it may be insulated in materials that preserve its heat, but not in materials that increase its heat. Raising the temperature of a pot is tantamount to cooking. The mishnayot that follow list those materials in which such a pot may be insulated on Shabbat eve and those materials in which it may not be insulated.

MISHNA: In what may one insulate a pot of cooked food on Shabbat eve, and in what may one not insulate it? One may neither insulate it in the solid residue of produce that has been pressed free of its oil, nor in manure, nor in salt, nor in lime, nor in sand, whether those materials are moist or whether they are dry. All of these materials spontaneously generate heat when piled for an extended period. Therefore, they add heat to a pot insulated in them. And one may neither insulate a pot in straw, nor in the residue of grapes that have been pressed for their juice, nor in soft material, e.g., from tattered clothing, nor in grass, when these materials are moist. However, one may insulate a pot in them when they are dry. GEMARA: A dilemma was raised before the Sages: Did we learn with regard to the residue of olives in the mishna, but the residue of sesame seeds that were pressed for their oil, which produces less heat, may well be used for insulating food on Shabbat eve? Or, perhaps, we learned with regard to the residue of sesame in the mishna, and all the more so insulating food in the residue of olives is prohibited? Come and hear a resolution to this dilemma from what Rabbi Zeira said in the name of one of the Sages of the school of Rabbi Yannai: With regard to a basket in which one insulated food in a permissible manner, e.g., in dry soft material or the like, it is prohibited to place it upon the residue of olives. Conclude from this that we learned with regard to the residue of olives in our mishna; however, insulating food in the residue of sesame is permitted. The Gemara rejects this proof: Actually, I can say to you that with regard to actual insulation, the residue of sesame is also prohibited. However, with regard to causing heat to rise, i.e., heating food that is not actually insulated in it, but merely resting upon it, the residue of olives causes heat to rise. Therefore, it is prohibited even to place cooked food upon it. However, the residue of sesame does not cause heat to rise to that extent. Therefore, it is permitted to place food upon it. The Gemara relates an anecdote somewhat relevant to the previous discussion: Rabba and Rabbi Zeira happened to come to the house of the Exilarch on Shabbat, and saw this servant who placed a jug [kuza] of cold water on the mouth of a kettle filled with hot water. Rabba rebuked him for having acted contrary to the halakha. Rabbi Zeira said to Rabba: How is this case different from placing an urn on top of another urn, which is permitted on Shabbat? Rabba said to him: There, when he places one urn on top of another urn, he merely preserves the heat in the upper urn; therefore, it is permitted. Here, in the case where he places the jug of cold water on the mouth of a kettle, he is generating heat in the water in the upper vessel; therefore, it is prohibited. The Gemara continues: Rabba then saw that same servant spread a kerchief [dastodar] over a vat of water and place a cup used to draw water from the vat, on the kerchief. Once again, Rabba rebuked him for having acted improperly. Rabbi Zeira said to him: Why did you rebuke him? Rabba said to him: Now, see what will happen. Ultimately, he saw that the servant was squeezing out the water that was absorbed by the kerchief, thereby violating a Torah prohibition. Nevertheless, Rabbi Zeira said to him: How is this case different from that of a cloth [parvanka], which one is permitted to spread over a vat even on Shabbat? Rabba said to him: There is a distinction between the two cases: There, in the case of the cloth, he is not particular about it; even if it gets wet, he will not come to squeeze it dry. Here, with regard to the kerchief, he is particular about it, and he will wring it so that it will not remain wet. We learned in the mishna: And one may neither insulate a pot in straw, nor in the residue of grapes that were pressed for their juice, nor in soft material. Rav Adda bar Mattana raised a dilemma before Abaye: With regard to swatches of soft material in which he insulated a pot, what is the halakha with regard to moving that material on Shabbat? Ordinarily, swatches of materials of that kind are set-aside because they have no use. Therefore, moving them on Shabbat is prohibited. Do we say that since they are now being used to insulate a pot, they assume the legal status of a utensil, which may be moved on Shabbat? Abaye said to him: Just because he does not now have a basket of straw in which to insulate his food, does he stand up and renounce his basket of soft material? Obviously, he would have preferred to insulate his food in straw, as it is less expensive. The only reason that he used that material was because there was no straw available at the time. However, he does not want the swatches of material to be used for any other purpose, lest it be ruined. Therefore, it remains set-aside. The Gemara asks: Let us say that the following baraita supports him: One may insulate a pot of food on Friday afternoon in woolen fleece, in combed wool, in tabs of wool dyed purple, and in swatches of soft material; however, he may not move them. Apparently, this is in accordance with the opinion of Abaye. The Gemara rejects this proof: If that is the reason, there is no conclusive argument, as it is saying in the baraita as follows: If, however, he did not insulate a pot in them, he may not move them on Shabbat. In that case, they remain earmarked for their own purpose and are therefore set-aside [muktze]. The Gemara questions this last assertion: If so, what is the reason to say that? Obviously, those materials are set-aside. The Gemara explains: Lest you say that all these materials are suitable for one to sit on them, and, consequently, their legal status is that of utensils, which may be moved. Therefore, the baraita teaches us that this is not so, and they may not be moved due to the prohibition of set-aside. The Gemara relates that Rav Ḥisda permitted returning stuffing to the pillow from which it had fallen on Shabbat. Rav Ḥanan bar Ḥisda raised an objection to the opinion of Rav Ḥisda from a baraita: One may untie the neck opening of a shirt on Shabbat if it had been tied by the launderer; however, one may not open a new neck opening for the first time on Shabbat. And one may not place soft material into a pillow or into a cushion on a Festival, and, needless to say, one may not do so on Shabbat. This baraita contradicts the ruling issued by Rav Ḥisda. The Gemara answers: This is not difficult. This, the baraita is referring to new pillows, whereas that, the statement of Rav Ḥisda is referring to old pillows. Stuffing a pillow for the first time on Shabbat is prohibited because by so doing one fashions a new utensil. However, if the stuffing fell out of the pillow, refilling the pillow is permitted even on Shabbat. The Gemara notes: That opinion was also taught in a baraita: One may not place soft material as stuffing into a pillow or into a cushion on a Festival, and needless to say one may not do so on Shabbat. However, if the stuffing fell out, it may be replaced even on Shabbat, and needless to say that doing so is permitted on a Festival. Having raised the issue of opening a collar, the Gemara cites that Rav Yehuda said that Rav said: One who opens a new neck opening in a shirt on Shabbat, by cutting through the fabric and threads that kept it closed, is liable to bring a sin-offering. By creating the opening, he renders the shirt fit to wear, thereby fashioning a utensil on Shabbat. Rav Kahana strongly objects to this: What is the difference between this and the stopper of a wine barrel, which the Sages permitted piercing on Shabbat in order to serve wine to guests? There, too, by piercing the stopper, he fashions a utensil. Rava said to him: The cases are not comparable: In this case, the neck opening of a shirt, it is considered a connection, i.e., it is an organic part of the weave of the fabric; whereas in that case, the stopper of the barrel, it is not considered a connection. Even though the stopper is sealed in place in the barrel, it is a separate entity. When the stopper is pierced, no new vessel is fashioned. Rabbi Yirmeya raised a contradiction before Rabbi Zeira. We learned in a mishna: The basting of launderers, garments that a launderer sewed together with loose, temporary stitches to avoid losing them; and a ring of keys; and a garment that was sewn with a thread of diverse kinds, e.g., a woolen garment that was stitched with linen thread, which must be pulled out; even though they are attached only temporarily, as they will all eventually be separated, it is considered a connection with regard to issues of ritual impurity. If a source of ritual impurity comes into contact with one of the garments, they all become ritually impure, until one actually begins to untie them, thereby indicating that he does not want them attached. Apparently, even when these items are not in use, e.g., after the launderer finished laundering the clothes, it is also considered a connection. And the Gemara raises a contradiction from a different mishna: With regard to a stick that one made into an axe handle, it is considered a connection between the stick and the axe with regard to issues of ritual impurity when in use. If the axe comes into contact with a source of ritual impurity, the stick also becomes ritually impure, and vice versa. By inference: Only when the axe is actually in use, yes, it is considered a connection; when the axe is not in use, no, it is not considered a connection. Rabbi Zeira said to Rabbi Yirmeya: There, in the case of the axe, when not in use, a person is likely to throw the stick into the wood pile, as he is not particular about keeping them together. Therefore, it is not considered a connection with regard to ritual impurity. Here, with regard to the items listed in the first mishna, even when not in use, he prefers that they remain attached. In that way, if they get dirty, he can launder them again, as it is easier to wash one connected unit than several smaller swatches of fabric. Therefore, it is considered a connection with regard to ritual impurity. In Sura, they taught this following halakha in the name of Rav Ḥisda; in Pumbedita, they taught it in the name of Rav Kahana, and some say, it was taught in the name of Rava: Who is the tanna who taught this matter stated by the Sages: The status of anything connected to an object is like that of the object with regard to ritual impurity? Rav Yehuda said that Rav said: The tanna in question is Rabbi Meir, as we learned in a mishna: The receptacle for the cruse of oil, and the receptacle for the spices, and the receptacle for the lamp that are in the stove become ritually impure through contact, i.e., if the wall of the stove becomes ritually impure through contact with a creeping animal, the receptacles also become ritually impure. However, these receptacles do not become ritually impure through air space, i.e., if the creeping animal were inside the stove but did not come into contact with its walls, the stove itself becomes ritually impure, but the receptacles do not; this is the statement of Rabbi Meir. And Rabbi Shimon deems the receptacles ritually pure, even if the creeping animal came into actual contact with the stove. The Gemara analyzes this dispute: Granted, according to the opinion of Rabbi Shimon; he holds that these receptacles are not considered like the stove itself, and therefore they do not become ritually impure when the stove becomes ritually impure. However, according to the opinion of Rabbi Meir, it is difficult. If he holds that they are considered like the stove itself, then even if the creeping animal was in the stove’s air space, the receptacles should also become ritually impure. If he holds that they are not considered like the stove itself, then even if the creeping animal came into contact with the stove, the receptacles should also not become ritually impure. The Gemara answers: Actually, by Torah law, the receptacles are not considered like the stove itself, and the Sages are the ones who issued a decree that they become ritually impure due to their proximity to the stove. The Gemara asks: If the Sages issued a decree that they become ritually impure, then even in the case where the creeping animal does not come into contact with the walls of the oven, but is merely in its air space, the receptacles should also become ritually impure. The Gemara answers: The Sages made a conspicuous distinction, so that one will not come to burn his teruma and other consecrated items because of it. There is a severe prohibition to destroy teruma or consecrated items. If teruma becomes ritually impure, there is an obligation by Torah law to burn it; however, teruma that is ritually impure only by rabbinic decree is still fit by Torah law and may not be destroyed. Since there is concern that people will come to burn teruma even when doing so is prohibited, the Sages made a distinction, imposing ritual impurity on the receptacles only if the source of impurity came into physical contact with the walls of the stove, and not if it merely entered the stove’s airspace. In that way, it is clear that the ritual impurity is by rabbinic decree, and one will not come to burn teruma and consecrated objects due to that impurity. The Sages taught in a baraita: With regard to scissors made of component parts that are made to come apart and the blade of a carpenter’s plane, which can be removed from its handle, it is considered a connection between the components with regard to contracting ritual impurity. If one part becomes ritually impure, the other part becomes ritually impure as well. However, it is not considered a connection with regard to the sprinkling of the water of a purification offering. When water of purification is sprinkled on these implements in order to purify them from ritual impurity contracted through contact with a corpse (see Numbers 19:17–19), the water must be sprinkled on each part individually. The Gemara asks: Whichever way you look at it, there is a difficulty: If it is considered a connection, it should be so considered even with regard to sprinkling; and if it is not considered a connection, it should not be so considered even with regard to ritual impurity. Rava said: By Torah law, when in use, it is considered a connection, both with regard to ritual impurity and with regard to sprinkling. And when not in use, even if the parts are now together, since they are made to eventually come apart and are typically dismantled, it is neither considered a connection with regard to ritual impurity nor with regard to sprinkling. And the Sages issued a decree that it should be considered a connection with regard to ritual impurity even when not in use, due to ritual impurity when in use. If one component becomes ritually impure, the other component becomes ritually impure as well. And, as a further stringency, they issued a decree that it is not considered a connection with regard to sprinkling even when in use, due to sprinkling when not in use. The water of purification must be sprinkled on each part individually. The mishna listed several materials in which food may not be insulated on Shabbat eve when those materials are moist. A dilemma was raised before the Sages: Is the mishna referring specifically to materials that are moist due to their own natural state, or is it referring perhaps even to materials that are now moist due to something else, e.g., because they were soaked by liquid? Come and hear a resolution to this dilemma from the materials listed in the mishna: And one may neither insulate a pot in straw, nor in the residue of grapes that have been pressed for their juice, nor in soft materials, nor in grass, when these materials are moist. Granted, if you say that the mishna is referring to materials that are moist due to something else, this can be well understood, as all of these materials can get wet. However, if you say that it is referring to materials that are moist due to their own natural state, where do you find soft materials that are moist due to their own natural state? Wool is dry in its natural state. The Gemara rejects this argument: The mishna is referring to a case where the material is made from wool plucked from between the thighs of the animal, as that wool is usually damp from sweat. The Gemara continues with a similar question: And that which Rabbi Oshaya taught in a baraita: One may insulate a pot of hot food on Shabbat eve in a dry garment and in dry produce, but not in a moist garment or in moist produce. Where do you find a ruling pertaining to a cloth that is moist due to its own natural state? The Gemara answers: Here too, the baraita is referring to a case where the cloth was made from wool plucked from between the thighs of the animal. The wool was spun and the cloth was woven while the wool was still moist. Consequently, there is no conclusive proof whether the materials listed in the mishna are prohibited only when naturally moist or even if they are moist due to another source. MISHNA: One may insulate a pot of hot food on Shabbat eve in clothing, in produce, in doves’ wings, in a carpenter’s wood-shavings, and in the chaff of fine flax. Rabbi Yehuda prohibits doing so when it is fine, and permits doing so when it is coarse. GEMARA: Since doves’ wings were mentioned in the mishna, the Gemara cites a related story: Rabbi Yannai said: Donning phylacteries requires a clean body, like that of Elisha, Man of Wings. The Gemara asks: What is the meaning of the statement that donning phylacteries requires a clean body? Abaye said: It means that one may not break wind while donning them. Rava said: It means that one may not sleep in them. The Gemara asks: And why did they call Elisha Man of Wings? Because on one occasion the evil kingdom of Rome issued a decree against Israel that, as punishment, they would pierce the brain of anyone who dons phylacteries. Nevertheless, Elisha would don them and defiantly go out to the marketplace. One day, an official [kasdor] who was appointed to enforce the decree saw him; Elisha ran away from him, and the official ran after him. When the official reached him, Elisha removed the phylacteries from his head and held them in his hand. The officer asked him: What is that in your hand? Elisha said to him: It is merely a dove’s wings. A miracle was performed: He opened his hand, and, indeed, it was found to be a dove’s wings. Therefore, in commemoration of this miracle, they would call him Elisha, Man of Wings. The Gemara asks: And what is different about doves’ wings from those of other birds that led Elisha to say that he had doves’ wings in his hand? The Gemara answers: Because the congregation of Israel is likened to a dove, as it is stated: “You shall shine as the wings of a dove covered with silver and her pinions with yellow gold” (Psalms 68:14). Just as this dove, only its wings protect it and it has no other means of protection, so too the Jewish people, only mitzvot protect them. We learned in the mishna: One may insulate food on Shabbat eve in a carpenter’s wood-shavings, and in the chaff of fine flax. Rabbi Yehuda prohibits doing so when it is fine, and permits doing so when it is coarse. A dilemma was raised before the Sages: Is the statement of Rabbi Yehuda referring to the carpenter’s wood-shavings, or is it referring to the chaff of flax? The Gemara answers: Come and hear proof as it was taught in a baraita: Rabbi Yehuda says: The legal status of the chaff of fine flax is like that of manure, i.e., it adds heat. The Gemara comments: Conclude from it that Rabbi Yehuda is referring to the chaff of flax. The Gemara concludes: Indeed, conclude from it. MISHNA: One may insulate cooked food on Shabbat eve in animal hides and may move those hides on Shabbat. So too, one may insulate food in wool fleece and, in contrast to hides, one may not move the fleece. How, then, does one act if he insulated food in fleece, and now wishes to remove the pot? He lifts the cover, which he is permitted to move, and the fleece falls by itself. He need not even touch it. Rabbi Elazar ben Azarya says: If he placed the pot in a basket filled with fleece, he leans the basket on its side so that the fleece will fall to the side and takes the pot. Otherwise, there is concern lest the wool collapse when he lifts the pot from the basket. And then, he will be unable to replace the pot, as it is prohibited to move the wool to make room for the pot, since the wool is set-aside. And the Rabbis disagree and say: He may take the pot and afterward replace it. GEMARA: The Gemara relates that Rabbi Yonatan ben Akhinai and Rabbi Yonatan ben Elazar sat, and Rabbi Ḥanina bar Ḥama sat with them, and they raised the following dilemma: Did we learn the halakha in the mishna that only the hides of a common homeowner may be moved; however, the hides of a craftsman, whose profession is processing hides, since he is particular that they not be ruined because they are essential to his work, one may not move them on Shabbat? Or, perhaps, we learned the halakha in the mishna that even the hides of a craftsman may be moved, and all the more so that hides of a common homeowner may be moved. Rabbi Yonatan ben Elazar said to them: It stands to reason that we learned the halakha in the mishna with regard to the hides of a common homeowner; however, hides of a craftsman may not be moved, since he is particular about them. Rabbi Ḥanina bar Ḥama said to them that Rabbi Yishmael, son of Rabbi Yosei, said as follows: My father was a tanner, and one Shabbat he said: Bring me hides and we will sit on them (Rabbeinu Ḥananel). In other words, even the hides of a craftsman may be moved on Shabbat. The Gemara raises an objection from a baraita: With regard to wooden boards belonging to a homeowner, one may move them on Shabbat; however, those belonging to a craftsman, one may not move them. And if, however, he thought to place bread upon them for guests, both these, the boards of the homeowner, and those, the boards of the craftsman, may be moved. Apparently, the raw materials of a craftsman may not be moved on Shabbat. The Gemara answers: Wooden boards are different in that one is particular about them that they not be damaged. Hides, on the other hand, are not damaged when one sits on them. The Gemara cites another proof. Come and hear that which was taught in a different baraita: With regard to hides, whether they are tanned or whether they are not tanned, it is permitted to move them on Shabbat. The Sages said that tanned hides have a unique legal status, distinct from the status of hides that have not been tanned only with regard to ritual impurity. Only tanned hides become ritually impure. What, is it not saying that there is no difference whether they are hides belonging to a homeowner and there is no difference whether they are hides belonging to a craftsman; in both cases they may be moved on Shabbat? The Gemara rejects this argument: No, the baraita is referring exclusively to hides belonging to a homeowner. The Gemara asks: But with regard to hides belonging to a craftsman, what is the halakha? Is it true that they may not be moved on Shabbat? If so, that which was taught in the baraita: The Sages said that the legal status of tanned hides is distinct from the status of hides that have not been tanned only with regard to ritual impurity; let the tanna of the baraita distinguish and teach within the halakhot of Shabbat itself, and say: In what case is this statement, that there is no distinction between whether or not the hides were tanned, said? It was stated specifically with regard to hides belonging to a homeowner. However, with regard to hides belonging to a craftsman, no, if they were tanned they may not be moved. The Gemara answers: Since the entire baraita is speaking with regard to hides of a homeowner, it would have been forced to elaborate at greater length to introduce the distinction with regard to the hides of a craftsman than it did to introduce the distinction with regard to ritual impurity. The Gemara notes that this issue is parallel to a dispute between tanna’im, as it was taught in a baraita: With regard to hides belonging to a homeowner, one may move them on Shabbat, and those of a craftsman, one may not move them. Rabbi Yosei says: With regard to both these, the hides of a homeowner, and those, the hides of a craftsman, one may move them. The Gemara relates that those same Sages who sat and discussed the issue of hides, sat again and they raised a dilemma: That which we learned in the mishna: The primary categories of labor, which are prohibited by Torah law on Shabbat, are forty-less-one; to what does this number correspond? That is to say, what is the source of this number? Rabbi Ḥanina bar Ḥama said to them: They correspond to the labors in the Tabernacle. All types of labor that were performed in the Tabernacle are enumerated as primary categories of labor with respect to Shabbat. However, other labors, even if they are significant, are not enumerated among the primary categories of labor since they were not performed in the Tabernacle. Rabbi Yonatan, son of Rabbi Elazar, said to them that so said Rabbi Shimon, son of Rabbi Yosei ben Lakonya: They correspond to the instances of the words labor, his labor, and the labor of, that appear in the Torah a total of forty-less-one times. Rav Yosef raised a dilemma: The term his labor is written with regard to Joseph: “And it came to pass about this time, that he came into the house to do his labor; and there was none of the men of the house there within” (Genesis 39:11). Is it included in the count of the thirty-nine instances or not? Abaye said to him: And let us bring a Torah scroll and count the instances of the word labor and thereby determine whether or not there are thirty-nine instances without that one. Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said in a case of similar uncertainty: They did not move from there until they brought a Torah scroll and counted them? Rav Yosef said to Abaye: I cannot reach a conclusion relying solely on a count because there is another instance of the term labor, whose meaning is not clear to me. The reason I am uncertain is because it is written with regard to the Tabernacle: “For the labor they had was sufficient for all the work to do it, and too much” (Exodus 36:7). The question arises whether or not this mention of labor is included in the count of thirty-nine instances, i.e., whether or not it refers to actual labor. And if it does, that verse with regard to Joseph should be understood in accordance with the opinion of the one who said that the expression, to do his labor, is a euphemism. It means that it was to attend to his needs and engage in relations with Potiphar’s wife that he entered. Or, perhaps, the verse relating to Joseph: “He came into the house to do his labor,” is included in the count, and it refers to actual labor. And this verse: “The labor they had was sufficient,” is saying the following: That they completed the preparatory labor, i.e., they brought all the materials, not that they engaged in the actual labor. Let the uncertainty stand unresolved. With regard to the matter itself, it was taught in a baraita in accordance with the opinion of the one who said that the thirty-nine labors of Shabbat correspond to the labors performed in the Tabernacle. As it was taught in a baraita: One is only liable for performing a labor to which there was a corresponding labor in the Tabernacle. They sowed in order to grow dyes for the Tabernacle, and therefore you may not sow on Shabbat. They reaped, and therefore you may not reap on Shabbat. They lifted the boards from the ground in the wilderness, which is a public domain, and placed them into the wagon, which is a private domain, and therefore you shall not carry objects in from the public domain to the private domain on Shabbat. They lowered the boards from the wagon to the ground, and therefore you shall not carry objects out from the private domain to the public domain on Shabbat. They took boards and other objects out and passed them from wagon to wagon, i.e., from one private domain to another private domain, and therefore you shall not take objects out from one private domain to another private domain on Shabbat. The Gemara expresses astonishment with regard to the last clause of the baraita: One who takes an object out from one private domain to another private domain, what prohibited labor is he thereby performing? The Gemara answers: It was Abaye and Rava who both said, and some say that it was Rav Adda bar Ahava who said: This is referring to taking an object out from one private domain to another private domain via the public domain, as the space between the two wagons in the wilderness was a public domain. We learned in the mishna: One may insulate food in wool fleece, and he may not move it. Rava said: This halakha that fleece may not be moved on Shabbat applies only to a case where one did not insulate food in it. Only in that case is it set-aside. However, if one insulated cooked food in it, he may move it. By insulating food in the fleece, he indicated that he intends to use it on Shabbat. A certain Sage for whom it was his first day in that study hall raised an objection to Rava from our mishna: One may insulate food in wool fleece, and one may not move it. How, then, does he act if he insulated food in wool fleece and now wishes to remove the pot? He lifts the cover, which he is permitted to move, and the wool fleece falls by itself. Contrary to Rava’s statement, even wool fleece in which a person insulated food may not be moved on Shabbat. Rather, if it was stated, it was stated as follows: Rava said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if he designated it for insulating food, one may move it, as in that case, it is no longer set-aside. It was also stated that when Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Ya’akov said that Rabbi Asi ben Shaul said that Rabbi Yehuda HaNasi said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if one designated it for insulating food, he may move it. Ravina said: In fact, Rava’s statement can be understood as it was originally understood, i.e., one who insulated food in wool fleece may move it because it is considered designated for insulating food. In the mishna that indicates otherwise they taught about wool fleece taken from a merchant’s shelves [heftek]. That wool was certainly not designated for insulating food. It will be returned to those shelves to be sold. Therefore, it is set-aside for that purpose and may not be moved on Shabbat, even if it is used to insulate food. That was also taught in a baraita: With regard to wool fleece taken from a merchant’s shelves, one may not move it on Shabbat. And if a homeowner prepared the fleece to use it, one may move it. With regard to the question of what can be done to permit use of items ordinarily set-aside on Shabbat, Rabba bar bar Ḥana taught the following baraita before Rav: With regard to hard branches of a palm tree that one cut for fire wood or for construction, and then he reconsidered their designation and decided to use them for sitting, he must tie the branches together on Shabbat eve. This allows him to move them on Shabbat like any other household utensil. Rabban Shimon ben Gamliel says: He need not tie them together and, nevertheless, he is permitted to move them. Rabba bar bar Ḥana taught the baraita, and he said about it that the halakha is in accordance with the opinion of Rabban Shimon ben Gamliel. On that same topic, it was stated that Rav said: He ties the branches together on Shabbat eve. And Shmuel said: If he merely has in mind on Shabbat eve that he wishes to sit on them on Shabbat, he need not tie them together. And Rav Asi said: If he even briefly sits on them on Shabbat eve, sitting on the branches is permitted the next day, even though he did not tie them together and even though he did not have that in mind. The Gemara comments: Granted, Rav, he stated his opinion in accordance with the unattributed opinion of the first tanna of the baraita, and Shmuel, too, he stated his opinion in accordance with the opinion of Rabban Shimon ben Gamliel. However, in accordance with whose opinion did Rav Asi state his opinion? Apparently, he disagrees with both tanna’im who expressed an opinion on the issue. The Gemara explains: Rav Asi stated his opinion in accordance with the opinion of this tanna, as it was taught in the Tosefta: One may go out into a public domain on Shabbat with combed flax [pakorin] or combed wool covering a wound, when he previously dipped them in oil and tied them to the wound with twine. If he did not dip them in oil or tie them with twine, he may not go out into the public domain with them. And if he went out with them for a brief period on Shabbat eve while it was still day, even if he did not dip them in oil or tie them with twine, he is permitted to go out with them on Shabbat. Apparently, there is a tanna who maintains that using an item before Shabbat enables one to use it on Shabbat as well. No additional steps are necessary. Rav Ashi said: We too have also learned in a mishna: Straw that is piled on a bed to be used for fuel or mixed with clay is set aside for that purpose and may not be moved. Therefore, one who seeks to lie on the bed may not move the straw with his hand, but he may move it with his body, as this is not the typical way of moving straw. However, if that straw had been designated as animal feed, or if there was a pillow or sheet spread over it on Shabbat eve while it was still day and he lay on it before Shabbat, he may move it with his hand. Apparently, even brief use before Shabbat suffices to permit use on Shabbat as well. The Gemara concludes: Indeed, conclude from it that there is a tannaitic opinion in accordance with which Rav Asi stated his opinion. The Gemara asks: And who is the unnamed tanna who disagrees with Rabban Shimon ben Gamliel in the baraita cited above? He holds that in order to use palm branches for sitting, one must perform an action, e.g., tie them together, before Shabbat? The Gemara answers: It is Rabbi Ḥanina ben Akiva, as when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Ze’iri said that Rabbi Ḥanina said: Rabbi Ḥanina ben Akiva once went to a certain place on Shabbat eve and found there hard branches of a palm tree that they had cut for fire wood. And he said to his disciples: Go out and have in mind that you will use them so that we will be permitted to sit on them tomorrow, on Shabbat. And, Ze’iri added, I do not know if the house where Rabbi Ḥanina ben Akiva went was the house of a wedding feast or if it was the house of mourning. The Gemara explains: From the fact that Ze’iri said: I do not know whether it was the house of a wedding feast or the house of mourning, it may be inferred that this halakha applies specifically to the house of mourning or the house of a feast because they are preoccupied with other matters and do not have time to tie the wood. However, here, in ordinary circumstances, if he tied the branches together, yes, it is permitted to sit on them on Shabbat; if he did not tie them together, no, it is not permitted. Rav Yehuda said: A person may bring a basket full of earth into his house on Shabbat eve, pour it on the floor, and use it for all his needs on Shabbat, e.g., to cover excrement. Mar Zutra taught in the name of Mar Zutra Rabba: That applies only if he designated a specific corner in his house for the earth. The Sages said before Rav Pappa: In accordance with whose opinion was this last ruling taught, that designating a place for the earth is sufficient to permit its use on Shabbat? It must have been taught in accordance with the opinion of Rabban Shimon ben Gamliel with respect to palm branches, as if it was taught in accordance with the opinion of the Rabbis, didn’t they say that in order to permit use of an object that is set-aside on Shabbat, we require an action, e.g., tying the palm branches together? Thought alone is insufficient. Rav Pappa said to them: Even if you say that the halakha was taught in accordance with the opinion of the Rabbis, the Rabbis stated their opinion that we require an action, only with regard to something with which it is possible to perform a preparatory action. However, with regard to something with which it is not possible to perform a preparatory action, no, they did not require an action. Since it is not possible to perform a preparatory action with the earth, one is permitted to use the earth by means of thought alone. The Gemara asks: Let us say that this issue, whether or not an action is required in that case, is parallel to a dispute among the tanna’im. As it was taught in one baraita: One may clean utensils on Shabbat with any type of cleaning agent, except for silver utensils with cream of tartar [gartekon], as that not only polishes the silver, but also smooths it. By inference: Cleaning with natron and sand is permitted. Wasn’t it taught in the Tosefta: Cleaning with natron and sand is prohibited on Shabbat? What, is it not that they disagree with regard to this following point? That one Sage, who prohibits use of sand on Shabbat, holds that an action is required in order to permit the use of items that would otherwise be set-aside on Shabbat. Since it is impossible to perform an action with sand, its use is prohibited. And the other Sage, who permits use of sand, holds that an action is not required. The Gemara rejects this argument: No, everyone agrees that an action is not required; and, nevertheless, it is not difficult. This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda; that baraita, which permits their use, is in accordance with the opinion of Rabbi Shimon. The Gemara elaborates: This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda, who said with regard to the laws of Shabbat in general that an unintentional act is prohibited. It is prohibited to perform an otherwise permitted action from which an unintended prohibited labor ensues. Therefore, cleaning a silver utensil with sand or natron is prohibited because he thereby unintentionally smooths the utensil, which is prohibited on Shabbat. That baraita, which permits the use of sand and natron, is in accordance with the opinion of Rabbi Shimon, who said that an unintentional act is permitted. The Gemara raises an objection: In what manner did you establish that baraita, which permits the use of sand and natron? You established it in accordance with the opinion of Rabbi Shimon. If so, say the latter clause of that same baraita: However, one may not wash his hair with them on Shabbat. And, if it is in accordance with the opinion of Rabbi Shimon, he permits doing so. As we learned in a mishna: A nazirite, for whom it is prohibited to cut his hair, may wash his hair with sand and natron and separate it with his fingers; however, he may not comb it, as combing will certainly cause hair to fall out. Apparently, Rabbi Shimon permits washing hair even in a case where it is prohibited to cause hair to fall out; in his opinion, the fact that washing one’s hair might inadvertently cause that to happen is not a source of concern. Rather, both this baraita and that baraita, which disagree with regard to cleaning silver utensils with sand and natron, are in accordance with the opinion of Rabbi Yehuda, who holds that an unintentional act is prohibited. And there are two tanna’im in accordance with the opinion of Rabbi Yehuda. They disagree with regard to Rabbi Yehuda’s opinion. This tanna, in accordance with the opinion of Rabbi Yehuda, holds that sand and natron scrape and smooth the utensils. Therefore, their use on Shabbat is prohibited. And that tanna, also in accordance with the opinion of Rabbi Yehuda, holds that sand and natron do not scrape and smooth the utensils. Therefore, their use on Shabbat is permitted. The Gemara raises an objection: How did you establish that baraita? It was in accordance with the opinion of Rabbi Yehuda. If so, say the latter clause of the baraita: But his face, his hands, and his feet, it is permitted to wash with sand and natron. Doesn’t he thereby cause hair to fall out? It should be prohibited according to Rabbi Yehuda. The Gemara answers: If you wish, say that the permission to wash one’s face with sand and natron refers to a child; and if you wish, say instead that it refers to a woman; and if you wish, say instead that it refers to a eunuch. All of them have no facial hair, and that is why there is no concern that use of sand and natron to clean their faces will cause hair to fall out. The Gemara continues: Rav Yehuda said: Washing one’s face with powdered frankincense (Rav Hai Gaon) is permitted on Shabbat, even if he has a beard, as it does not cause hair to fall out. Rav Yosef said: Washing with the solid residue of jasmine from which its fragrant oil was squeezed is permitted. Rava said: Washing with ground pepper is permitted. Rav Sheshet said: Washing with berada is permitted on Shabbat. The Gemara asks: What is berada? Rav Yosef said: It is a mixture of one-third aloe, one-third myrtle, and one-third violets. Rav Neḥemya bar Yosef said: Everywhere that there is a mixture with no majority of aloe, it may well be used. Even if the mixture contains more than a third aloe, as long as it constitutes less than a majority, it does not cause hair to fall out. The Sages raised a dilemma before Rav Sheshet: What is the halakha with regard to splitting olives on a rock on Shabbat in order to wash with the oil that oozes from them (ge’onim)? He said to them: And did they permit doing so on a weekday? Rav Sheshet holds that crushing olives in that manner is prohibited even during the week because it involves ruining food. After the olives are split in that manner, they are no longer fit for consumption. The Gemara comments: Let us say that Rav Sheshet disagrees with the opinion of Shmuel. As Shmuel said: A person may perform all his needs with bread, and he need not be concerned that it might be ruined. The Sages said in response: Rav Sheshet does not necessarily disagree with Shmuel. Using bread does not render it disgusting and inedible; splitting these olives renders them disgusting and inedible. The Gemara relates that Ameimar, Mar Zutra, and Rav Ashi were sitting on Shabbat, and they brought berada before them for washing. Ameimar and Rav Ashi washed with it; Mar Zutra did not wash. They said to him: Doesn’t the Master hold in accordance with that which Rav Sheshet said: Washing with berada is permitted on Shabbat? Rav Mordekhai, who was also there, said to them: Except for him, the Master; i.e., do not draw conclusions from Mar Zutra, as he does not hold that one is permitted to use berada, even on a weekday. Mar Zutra holds in accordance with that which was taught in a baraita: A person may scrape off dried excrement crusts and scabs of a wound that are on his flesh because of the pain that they are causing him. However, if he does so in order to clean and beautify himself, it is prohibited. According to the tanna of this baraita, it is prohibited to adorn or beautify oneself, as the verse: “Neither shall a man put on a woman’s garment” (Deuteronomy 22:5) prohibits dressing or conducting oneself in the manner of women. The Gemara asks: And Ameimar and Rav Ashi, who permit use of berada, in accordance with whose opinion do they hold? They hold in accordance with that which was taught in a baraita: A person must wash his face, his hands, and his feet every day for the sake of his Maker, as it is stated: “The Lord has made everything for His own purpose” (Proverbs 16:4). Every beautiful thing that exists in the world sings the praise of God Who created beautiful things. Therefore, it is appropriate for one to beautify himself in praise of God. We learned in the mishna: Rabbi Elazar ben Azarya says: If he placed the pot in a basket filled with fleece, he leans the basket on its side so that the fleece will fall to the side of the pot, and takes the pot. Otherwise, there is room for concern lest the wool collapse when he lifts the pot from the basket. Then he will be unable to replace the pot. It is prohibited to move the fleece to make room for the pot, since the fleece is set-aside. However, the Rabbis disagree and say: He may lift the pot and afterward replace it. Rabbi Abba said that Rabbi Ḥiyya bar Ashi said that Rav said: Everyone agrees, even the Rabbis, that if the cavity in which the pot had been placed was destroyed, its walls having collapsed inward, it is prohibited to return the pot to the basket. The Gemara asks, based on what we learned in the mishna. And the Rabbis say: He may lift the pot and afterward replace it. The Gemara elaborates: What are the circumstances? If the cavity in which the pot had been placed was not destroyed, the Rabbis say fittingly that it is permitted to replace the pot; why would Rabbi Elazar ben Azarya prohibit the practice? Rather, is it not that the Rabbis permit returning the pot even though the cavity was destroyed? Apparently, that is the subject of the dispute in the mishna. The Gemara rejects this: No, actually, everyone agrees that if the cavity was destroyed, it is prohibited to return the pot to the basket. The mishna is dealing with a case where the cavity was not destroyed, and here the tanna’im disagree with regard to whether or not one need be concerned lest, if one is allowed to remove the pot from the basket without tilting it to the side, the cavity be destroyed and he will come to return the pot to the basket anyway. One Sage, Rabbi Elazar ben Azarya, holds that one need be concerned lest the cavity be destroyed and he return the pot anyway; and the other Sage, a reference to the Rabbis, holds that one need not be concerned about that. The Gemara records several rulings with regard to placing an object into another object that is set-aside. Rav Huna said: With regard to this fragrant daffodil branch that was kept in a pot of moist earth in the house; if on Shabbat eve one inserted it into the earth, then pulled it out, and then inserted it again into the earth, it is permitted to pull it out again on Shabbat. By inserting it and then pulling it out, he has already widened the cavity in which the branch was placed. There is no room for concern that when he pulls it out again on Shabbat he will cause earth to shift from its place. And if he did not do so on Shabbat eve, it is prohibited to pull it out on Shabbat. Shmuel said: This knife that is stored between bricks; if one stuck it between the bricks on Shabbat eve, pulled it out, and then stuck it between the bricks, it is permitted to pull it out on Shabbat. And if he did not do so on Shabbat eve, it is prohibited to pull it out on Shabbat. Mar Zutra, and some say Rav Ashi, said: Placing a knife between the branches of a hedge of reeds (ge’onim) may well be done and there is no concern lest one come to cut the reeds when he removes it. Rav Mordekhai said to Rava: Rav Ketina raised a conclusive refutation of the opinions of Rav Huna and Shmuel from that which we learned in a mishna: With regard to one who conceals a turnip or radish in the ground beneath a vine for safekeeping, if some of its leaves were showing, allowing access to pull the turnip or the radish from the ground, he need neither be concerned; due to diverse kinds, i.e., that he violated the prohibition of planting food crops in a vineyard, as he did not commit an act of planting; nor due to concern that he violated the prohibition against working the land during the Sabbatical Year; nor due to tithes, i.e., that it would be considered as if he picked it from the ground and would be obligated to tithe it; and they may be taken from the ground on Shabbat. Even if most of the turnip or radish is underground, it is permitted to pull it from the ground on Shabbat. One need not be concerned about causing the earth to move. Apparently, this contradicts the opinions of Rav Huna and Shmuel, who were concerned about causing earth to move on Shabbat. The Gemara concludes: Indeed, this is a conclusive refutation of the opinions of Rav Huna and Shmuel. MISHNA: If one did not cover a pot of cooked food on Shabbat eve while it was still day, he may not cover it after dark. However, if one covered it while it was still day and it was uncovered on Shabbat, he is permitted to cover it even on Shabbat. One may fill a jug with cold water on Shabbat and place it beneath a pillow or a cushion to prevent it from getting warm. GEMARA: Rav Yehuda said that Shmuel said: It is permitted to insulate the cold food on Shabbat to keep it cold. There is no concern that this will lead one to insulate hot food on Shabbat to keep it hot. Rav Yosef said: What is Shmuel teaching us with this statement? We already learned in our mishna: One may fill a jug with cold water on Shabbat and place it beneath a pillow or a mattress to prevent it from getting warm. Abaye said to him: He teaches us a great deal. As, if it had been learned from the mishna alone, I would have said that the ruling that one is permitted to insulate cold food applies only to something that is not ordinarily insulated when it is hot. However, something that is commonly insulated when it is hot, no, it may not be insulated even when it is cold. Therefore, Shmuel teaches us that this is allowed even in the case of something which is commonly insulated when it is hot. Rav Huna said that Rabbi Yehuda HaNasi said: It is prohibited to insulate cold food on Shabbat to keep it cold. The Gemara raises an objection: Wasn’t it taught in a baraita that Rabbi Yehuda HaNasi permitted cold food to be insulated on Shabbat? The Gemara answers: This is not difficult. This statement was made before he heard the ruling of Rabbi Yishmael, son of Rabbi Yosei; that statement in the baraita was made after he heard it. As in that incident where Rabbi Yehuda HaNasi sat and said: It is prohibited to insulate cold food on Shabbat to keep it cold, Rabbi Yishmael, son of Rabbi Yosei, said before him: Father permitted insulating cold food on Shabbat. Rabbi Yehuda HaNasi said: I retract my previous statement, as the Elder, Rabbi Yosei, has already issued a ruling on this topic, and I defer to his ruling. Rav Pappa said: Come and see how much they loved each other. Had Rabbi Yosei still been alive, he would have been subordinate to and sitting before Rabbi Yehuda HaNasi as his student, as Rabbi Yishmael, son of Rabbi Yosei, who took his father’s place and was as great a Torah scholar as his father, was subordinate to and sitting before Rabbi Yehuda HaNasi as his student. And, nevertheless, Rabbi Yehuda HaNasi says: The Elder has already issued a ruling on this topic, and he deferred to Rabbi Yosei’s ruling. Rav Naḥman said to Daru, his slave: Insulate cold food for me on Shabbat, so that it will not become warm, and bring me water that a gentile cook [kappeila] heated on a weekday, as the prohibition to eat food cooked by a gentile does not apply to water. When Rabbi Ami heard this, he became angry. Rav Yosef said: What is the reason that Rabbi Ami become angry? Rav Naḥman acted in accordance with the rulings of his teachers; in one matter in accordance with the ruling of Rav, and in one matter in accordance with the ruling of Shmuel. The Gemara explains: In one matter in accordance with the ruling of Shmuel, as Rav Yehuda said that Shmuel said: It is permitted to insulate cold food on Shabbat to keep it cold. In one matter in accordance with the ruling of Rav, as Rav Shmuel bar Rav Yitzḥak said that Rav said: Anything that is eaten as it is, raw, and cooking it is unnecessary, even if it was cooked it is not subject to the prohibition of food cooked by gentiles. Since water is commonly drunk uncooked, one may drink it even if it was boiled by a gentile. The Gemara answers: Rabbi Ami became angry because he held that an important person is different. A distinguished person like Rav Naḥman should be stringent and distance himself from conduct that could be perceived, even mistakenly, as a prohibited act. The Sages taught in the Tosefta: Although the Sages said that one may not insulate hot food, even in something that does not add heat after nightfall on Shabbat, if he comes to add to the material in which he insulated the food on Shabbat eve, he may add to it even on Shabbat. How should he do it? Rabban Shimon ben Gamliel said: He takes the sheets with which he insulated a pot and places the heavy blankets, which provide better insulation, in their place. Or, if he is concerned about excessive heat, he takes the heavy blankets in which the pot had been insulated and places the lighter sheets in their place. And likewise, Rabban Shimon ben Gamliel, in teaching an additional leniency, said: They prohibited insulating a pot on Shabbat to keep its contents warm when the food remains only in the same urn in which the water was boiled. However, if one emptied the water from that urn into another urn, it is permitted to insulate the second urn to keep the water warm. The reason for the ruling of Rabban Shimon ben Gamliel is: It is prohibited to insulate a pot on Shabbat, due to concern lest one heat the food beforehand. Now that he has already taken steps to cool the water by pouring it from one urn to another, is there concern that he will boil it again on Shabbat? And Rabban Shimon ben Gamliel said: If he insulated the pot and covered it with something that may be moved on Shabbat, or if he insulated it with something that may not be moved on Shabbat because it is set-aside and covered it with something that may be moved on Shabbat, he may take the pot to remove food and return it to its place and not be concerned. However, if he both insulated it and covered it with something that may not be moved on Shabbat, or if he insulated it in something that may be moved on Shabbat and covered it with something that may not be moved on Shabbat, if the pot was partially exposed, he may remove the pot and the cover will fall on its own and then return it to its place. And if the pot was not partially exposed, he may not remove the pot and then return it to its place. Rabbi Yehuda says: The chaff of fine flax is like manure. Therefore, one may not insulate food in it even on Shabbat eve. One may place a copper urn upon a copper urn, and one may place an earthenware pot upon an earthenware pot because the lower utensil will not heat the upper one. However, one may not place an earthenware pot upon a copper urn, or a copper urn upon an earthenware pot, as in that case there is concern that the upper utensil will be heated by the lower one. And one may seal the mouth of a pot with dough. All of the above may not be undertaken in order to heat the water, but only so that its heat will be maintained and it will not cool down. And just as one may not insulate hot food to keep it warm, so too, one may not insulate cold food to keep it cold. Rabbi Yehuda HaNasi permitted insulating cold food on Shabbat. And one may neither crush snow nor hail on Shabbat so that its water will flow and he will be able to drink it. That act involves creation of a new entity, water from ice, on Shabbat, which is prohibited. However, he may place the snow or the hail into a cup or a dish and allow it to melt on its own, and he need not be concerned. Due to the mitzva to rest one’s animals on Shabbat, one’s animal may not go out into the public domain bearing a burden. However, an object designated to protect the animal or to prevent it from fleeing is not considered a burden; therefore, an animal bearing objects that serve that purpose may go out into the public domain.

MISHNA: The mishna asks: With what may an animal go out into the public domain on Shabbat and with what may it not go out? A camel may go out on Shabbat with an afsar, and a naka may go out with a ḥatam, and a luvdekim may go out with a perumbiya. All these terms will be defined in the Gemara. And a horse may go out with a chain around its neck. And, in general, all animals that typically have a chain around their necks when they go out to the public domain may go out with a chain on Shabbat and may be pulled by the chain. If these chains contracted ritual impurity, one may sprinkle waters of purification on them and immerse them in their place on the animal, and they need not first be removed. GEMARA: Several terms in the mishna were not clear to the Sages, and the Gemara asks: What is the meaning of naka with a ḥatam? Rabba bar bar Ḥana said: A white female camel (ge’onim) with an iron nose ring. And what is the meaning of luvdekim with a perumbiya? Rav Huna said: A Libyan donkey with an iron halter. Having mentioned a Libyan donkey, the Gemara relates that Levi once sent money to Bei Ḥozai to procure for himself a Libyan donkey, which is reputed to be of superior quality. They bound his money, returned it, and sent him barley, to say that the strides of a donkey depend on the barley that it eats. If one provides his donkey with better feed, its performance will be as good as that of a Libyan donkey. Rav Yehuda said that Shmuel said: The students switched the details in the mishna before Rabbi Yehuda HaNasi and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? For example, may a white female camel go out with a bit or a camel with an iron nose ring? The Gemara explains: The case of a white female camel going out with a bit should not be a dilemma for you; since it is not sufficiently secured by a bit, it is regarded as a burden with which the animal may not go out. The case where there should be a dilemma for you is that of a camel going out to the public domain with a nose ring. What is the halakha in that case? The Gemara explains the dilemma: Is the halakha that since a bit alone suffices to secure a camel, an iron nose ring is considered a burden? Or, is the halakha perhaps that with regard to a device that provides excessive security we do not say that it is a burden? Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi that so said father, Rabbi Yosei: Four animals may go out with a bit: The horse, and the mule, and the camel, and the donkey. What does this list come to exclude? Is it not coming to exclude a camel going out with a nose ring? Apparently, the dilemma is resolved. The camel may go out only with a bit. The Gemara rejects this proof: No, the list comes to exclude a white female camel going out with a bit. It was taught in a baraita: A Libyan donkey and a camel may go out with a bit. The Gemara notes that the question whether or not an animal may go out into the public domain with excessive security is parallel to a dispute between the tanna’im, as it was taught in a baraita: A non-domesticated animal may not go out with a collar. Ḥananya says: It may go out with a collar and with anything that secures it. The Gemara clarifies the case: With what are we dealing here? If you say that we are dealing with a large non-domesticated animal, does a collar suffice for it? Since it does not sufficiently secure the animal, it is considered a burden, and it is prohibited for the animal to go out with it on Shabbat. Rather, it must be dealing with a small non-domesticated animal. In that case, doesn’t a collar suffice for it? Why then does the anonymous first tanna hold that the animal may not go out with it? Rather, is it not that the practical difference between their opinions is with regard to a cat? The anonymous first tanna of the baraita holds that since a small rope suffices for the cat, a collar is considered a burden with which the cat may not go out into the public domain. And Ḥananya holds that with regard to a device that provides excessive security, we do not say that it is a burden. The tanna’im disagree whether or not a device that provides excessive security is considered a burden. The Gemara concludes: Rav Huna bar Ḥiyya said that Shmuel said: The halakha is in accordance with the opinion of Ḥananya. A device that provides excessive security is not considered a burden. The Gemara relates that Levi, son of Rav Huna bar Ḥiyya, and Rabba bar Rav Huna were once going together on a road. Levi’s donkey on its own initiative went ahead of the donkey of Rabba bar Rav Huna. Rabba bar Rav Huna was offended because he was the greater Torah scholar, and he thought that Levi went first to assert that he considered himself the greater scholar. Levi said to himself: I will say something to him, so that he will be placated and will understand that it was not my intention to disrespect him. He said to him: An undisciplined donkey whose conduct is wicked like this one that I am riding, what is the ruling with regard to having it go out with a halter on Shabbat? Typically, in order to secure a donkey, a bit suffices and it does not require a halter. A halter constitutes excessive security. However, the question is whether or not a halter that provides excessive security for a wild donkey like this one is considered a burden with which it is prohibited to go out to the public domain on Shabbat. Rabba bar Rav Huna said to him: Even if the security is considered extraneous, your father said the following in the name of Shmuel: The halakha is in accordance with the opinion of Ḥananya, who said that a device that provides excessive security is not considered a burden. A Sage of the school of Menashiya taught a baraita: A goat in which one carved out a hole between its horns may go out with a bit on Shabbat. Because the bit is inserted through the hole, it will not become detached. Rav Yosef raised a dilemma: What is the ruling in a case where one inserted the bit through the goat’s beard? The Gemara explains the dilemma: Is the halakha that since, if the goat attempts to sever itself from the bit, it would cause it pain because the bit is attached to its beard, and therefore it will not come to sever it and the bit will remain in place? Or perhaps is the halakha that sometimes the knot will loosen and the bit will fall, and the goat’s owner will come to bring the bit and carry it four cubits in the public domain? No resolution was found to this dilemma. Let it stand unresolved. We learned there in a mishna: And neither may a cow go out with a strap between its horns. Rabbi Yirmeya bar Abba said: Rav and Shmuel disagreed about this: One said: Whether it was placed for beauty, as an ornament, or whether it was placed to secure the cow, it is prohibited for the cow to go out with the strap between its horns. And the other one said: For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted. Rav Yosef said: Conclude that Shmuel is the one who said that if the strap was placed for beauty it is prohibited; however, if it was placed to secure the cow it is permitted. As Rav Huna bar Ḥiyya said that Shmuel said: The halakha is in accordance with the opinion of Ḥananya: A device that provides excessive security is not considered a burden. Therefore, an animal may go out on Shabbat with straps that provide excessive security. Abaye said to him: On the contrary, conclude that Shmuel is the one who said that whether it was placed for beauty, as an ornament, or whether it was placed to secure the cow, it is prohibited. As Rav Yehuda said that Shmuel said: The students exchanged the details in the mishna before Rabbi Yehuda HaNasi and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? And Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi: So said father, Rabbi Yosei: Four animals may go out with a bit: The horse, the mule, and the camel, and the donkey. Does this list not come to exclude a camel going out with a nose ring, as a nose ring provides excessive security beyond that required for a camel? Apparently, according to Shmuel, an animal may not go out on Shabbat with a device that provides excessive security, as it is considered a burden. Rav Yosef said to him: Delete this latter statement of Shmuel due to that first one. The Gemara asks: And what did you see that led you to delete this latter statement due that first one? Delete that first statement due to this latter one. The Gemara explains: The first statement is supported as we find that Shmuel is the one who said : For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted, as it was stated that Rav Ḥiyya bar Ashi said that Rav said: Whether the strap was placed for beauty, or whether it was placed to secure the cow, it is prohibited. And Rav Ḥiyya bar Avin said that Shmuel said: For beauty, it is prohibited; however, if it was placed to secure the cow, it is permitted. The Gemara raises an objection from a baraita: If its owner tied a red heifer with its reins that are attached to the bit, it remains fit for use in the purification ritual. And if it should enter your mind to say that a bit is considered a burden, why does a red heifer remain fit for use? The Torah explicitly stated: “Speak to the children of Israel, that they bring you a red heifer without defect, in which there is no blemish, and upon which never came a yoke” (Numbers 19:2). A red heifer is disqualified by a burden. Abaye said: There, the baraita is referring to the case of a red heifer whose owner is leading it from city to city. When the animal is removed from its habitat, it requires additional security. In that case, tying the heifer with its reins is conventional rather than excessive security. Therefore, the bit is not considered a burden. Rava said: A red heifer, whose monetary value is high, is different and therefore secured more carefully than other cows. Ravina said: The baraita is referring to a red heifer that is rebellious and headstrong. Therefore, it requires added security. We learned in the mishna: A horse may go out with a chain around its neck, and so too, all animals that typically have chains around their necks when they go out to the public domain may go out with chains on Shabbat and may be pulled by the chains. The Gemara asks: What is the meaning of: May go out, and what is the meaning of: May be pulled? Rav Huna said: These animals may go out either with the chain wrapped around their necks as an ornament, or they may be pulled by the chain. And Shmuel said: These animals may go out pulled by the chain; however, they may not go out with the chain wrapped around their necks as an ornament. It was taught in a baraita: They may go out with the chains loosely wrapped around their necks, so that if the need arises, the animals will be able to be pulled by their chains. Rav Yosef said: I saw the calves of the house of Rav Huna go out into the public domain on Shabbat with their bits and with the reins wrapped around their necks. When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Ḥanina said: The mules of the house of Rabbi Yehuda HaNasi go out into the public domain with their bits on Shabbat. A dilemma was raised before the Sages: Does this mean that the mules went out with their bits and reins wrapped around their necks; or, does it mean that they were pulled by the reins? Come and hear a resolution to this dilemma from the following incident: When Rav Shmuel bar Yehuda came from Eretz Yisrael to Babylonia, he said that Rabbi Ḥanina said: The mules [molaot] of the house of Rabbi Yehuda HaNasi went out on Shabbat with their bits with the reins wrapped around their necks. The Sages said before Rav Asi: That statement of Rav Shmuel bar Yehuda is not necessary. It may be derived from the statement of Rav Dimi. As, if it would enter your mind to say that Rav Dimi said that the mules of the house of Rabbi Yehuda HaNasi went out on Shabbat pulled by their bits, it is difficult. There is nothing novel in that statement, as it may be derived from the statement that Rav Yehuda said that Shmuel said. As Rav Yehuda said that Shmuel said: The students switched the details in the mishna before Rabbi Yehuda HaNasi, and asked: What is the halakha with regard to this animal going out into the public domain with that which is permitted for that animal? And Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi: So said father, four animals may go out with a bit: The horse, and the mule, and the camel, and the donkey. Apparently, according to Rabbi Yehuda HaNasi, a mule may go out on Shabbat pulled by its bit. Rav Asi said to them: This statement of Rav Shmuel bar Yehuda is necessary, as if it were derived from the statement of Rav Yehuda, who related that which Rabbi Yishmael, son of Rabbi Yosei, said before Rabbi Yehuda HaNasi, I would have said that Rabbi Yishmael, son of Rabbi Yosei, said that before him, and Rabbi Yehuda HaNasi did not accept it from him. Therefore, that statement of Rav Dimi teaches us that Rabbi Yehuda HaNasi indeed accepted it from Rabbi Yishmael and his mules went out with their bits on Shabbat. And if it had been derived only from the statement of Rav Dimi, I would have said that this applies only when the mule is pulled by its bit; however, if the reins are merely wrapped around the animal’s neck, no, the animal may not go out with it. Therefore, that statement of Rav Shmuel bar Rav Yehuda teaches us that the mules of the house of Rabbi Yehuda HaNasi went out on Shabbat with their reins wrapped around their necks. It was further taught in our mishna: If these chains contracted ritual impurity, one may sprinkle water of purification on them and immerse them in their place on the animal. The Gemara asks: Is that to say that these chains are fit to contract ritual impurity? Didn’t we learn in a mishna: A ring worn by a person is ritually impure. However, the ring of an animal, and rings of utensils, and all other rings not worn by people are ritually pure. Rabbi Yitzḥak Nappaḥa said: Our mishna is referring to ornaments that were transformed from their original designation for a person’s adornment to an ornament designated for an animal’s adornment. They had once belonged to a person who later affixed them in order to attach a strap to an animal. Their original ritual impurity does not cease when they are attached to the animal. And Rav Yosef said: Animals’ rings can become ritually impure since a person pulls his animal with them. Consequently, they are considered utensils used by people. Wasn’t it taught in a baraita: The metal animal prod becomes ritually impure? What is the reason that it becomes ritually impure even though it is an animal’s utensil? Since a person subjugates his animal with it, it is regarded as a utensil for use by a person; therefore, it can become ritually impure. Here too, with regard to chains, since a person pulls his animal with them, they are regarded as utensils for use by a person. And we learned in our mishna: If the animals’ chains became ritually impure, one may immerse them while they are in their place on the animal, and they need not first be removed. The Gemara raises a question: Isn’t this an obstruction that renders the immersion invalid? The rings of the chain are firmly attached to the chain, and there is no room for the water of the ritual bath to completely surround the chain. Rabbi Ami said: The mishna is referring to a case where he struck the rings of the chain with a hammer, widening them and thereby creating sufficient space to allow the water to surround the chain on all sides. The Gemara asks: Let us say that Rabbi Ami holds in accordance with the opinion of Rav Yosef. As, if he held in accordance with the opinion of Rabbi Yitzḥak Nappaḥa, who said that our mishna is referring to ornaments that were transformed from their original designation for a person’s adornment to an ornament designated for an animal’s adornment, and therefore they can be ritually impure with impurity contracted while it was still a person’s ornament, it is difficult. Since he struck the chain, he performed an action which altered its identity, and the impurity would have ceased even without immersion. As we learned in a mishna: All vessels descend into their state of ritual impurity by means of thought. Even though an unfinished vessel cannot become ritually impure, if the craftsman decided not to complete it, it immediately assumes the legal status of a completed vessel and can become ritually impure. However, they only ascend from their state of ritual impurity by means of a change resulting from an action. A ritually impure vessel, once it undergoes physical change, is no longer ritually impure. Hammering the rings is an action that effects physical change. Therefore, the chain should be ritually pure without immersion. The Gemara rejects this argument: Actually, Rabbi Ami could interpret the mishna just as Rabbi Yitzḥak Nappaḥa did, as he holds in accordance with the opinion of Rabbi Yehuda, who said that an action performed to enhance a utensil is not an action capable of ridding that utensil of its ritual impurity, as it was taught in a baraita: Rabbi Yehuda said: He did not say that an action that effects a physical change purifies a utensil of its ritual impurity with regard to an action performed to enhance a utensil; rather, he made his statement with regard to an action performed to ruin the utensil. It was taught in a baraita: The mishna is referring to a case where the rings attached to the chain are well spaced so that the water completely surrounds the rings of the chain with no obstruction. It was taught in the Tosefta: A certain disciple from the Upper Galilee asked Rabbi Eliezer: I heard that one distinguishes between one type of ring and another type of ring. However, I do not know with regard to what halakha this distinction is made. Rabbi Eliezer said to him: Perhaps you only heard that distinction with regard to the matter of Shabbat; a ring for adornment may be moved on Shabbat and other rings may not. As, with regard to the matter of ritual impurity, this ring and that ring are one and the same, and there is no distinction between them. The Gemara raises an objection: And with regard to the matter of ritual impurity, are this and that one and the same? Didn’t we learn in a mishna: A ring worn by a person is ritually impure; however, the ring of an animal, and that of utensils, and all other rings not worn by people are ritually pure? Apparently, a distinction is made between different types of rings with regard to the halakhot of ritual impurity as well. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that with regard to ritual impurity there is no distinction between different types of rings worn by a person. The Gemara raises another objection: And with regard to rings worn by a person, are this and that one and the same? Wasn’t it taught in a baraita: A ring that one fashioned into a buckle at the end of a belt to wear it around his waist, or into a clasp to tie garments between his shoulders, is ritually pure? The Sages only said that a ring is ritually impure with regard to a ring worn on a person’s finger. Apparently, there is in fact a distinction between different rings worn by a person. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that there is no distinction between different types of rings worn on a person’s finger. The Gemara raises yet another objection: And with regard to rings worn on a person’s finger, are this and that one and the same? Didn’t we learn in a mishna: A ring made of metal and its seal is made of coral, is ritually impure? The primary component of the ring, metal, is the determining factor, and a metal utensil can become ritually impure. However, a ring that is made of coral and its seal is made of metal is ritually pure. Apparently, there is a distinction between different types of finger rings with regard to ritual impurity. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he too was saying to him that there is no distinction between different types of rings that are made entirely of metal. And furthermore, that same disciple asked: I heard that one distinguishes between one type of needle and another type of needle. Still, I do not know with regard to what halakha this distinction is made. Rabbi Eliezer said to him: Perhaps you only heard that distinction with regard to Shabbat. With regard to the prohibition of carrying from a private to a public domain, or vice versa, there is a distinction between a needle with an eye, for which one is liable to bring a sin-offering, and one without an eye, for which one is not. As, if you were to suggest that the distinction is with regard to ritual impurity, this, a needle with an eye, and that, a needle without an eye, are one and the same, and there is no distinction between them. The Gemara raises an objection: And with regard to the matter of ritual impurity, are this and that one and the same? Are all needles alike? Didn’t we learn in a mishna: A needle whose eye or whose point was removed is ritually pure, as it is no longer fit for use? Apparently, there is a distinction between an intact needle and a broken one with regard to the halakhot of ritual impurity. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he was referring to a whole needle. Indeed, there is no distinction between different types of whole needles with regard to the halakhot of ritual impurity. The Gemara raises another objection: And with regard to whole needles, are this and that one and the same? Is there no distinction between them? Didn’t we learn in a mishna: With regard to a needle that became rusty; if the rust inhibits the sewing, the needle is ritually pure; and if it does not inhibit the sewing, it is ritually impure. And the Sages of the school of Rabbi Yannai said: And that is the halakha that the needle cannot become ritually impure not only when it is impossible to push the needle through the fabric, but even when the mark of rusty needle is conspicuous in the stitching. Apparently, there is a distinction between different types of whole needles. The Gemara answers: When Rabbi Eliezer was saying that statement to the disciple, he was saying to him that there is no distinction between different types of needles that were smoothed and filed. He was not referring to rusty needles. The Gemara raises yet another objection: And with regard to smoothed needles, are this and that one and the same? Wasn’t it taught in a baraita: A needle, whether it has an eye and whether it does not have an eye, may be moved on Shabbat? And we only said that a needle with an eye is different with regard to the halakhot of ritual impurity. Apparently, there is a distinction between different types of smoothed needles with regard to the halakhot of ritual impurity. The Gemara answers: Didn’t Abaye already interpret that baraita in accordance with the opinion of Rava as referring to unfinished needles? If a needle is unfinished, and it has not been perforated to create an eye, it cannot become ritually impure because it is not yet a utensil. However, if the needle is finished, whether it has an eye and is used for sewing, or it does not have an eye and is used as a pin, it is regarded as a utensil and therefore can become ritually impure. MISHNA: A donkey may go out on Shabbat with a saddlecloth that protects it from the cold when it is tied to the animal, and there is no room for concern lest it fall. Rams may go out levuvin. Ewes may go out sheḥuzot, kevulot, and kevunot. All of these terms are discussed and explained in the Gemara. She-goats may go out with their udders bound. Rabbi Yosei prohibits the animals from going out with all of these items, as he considers them burdens, except for the ewes that are kevunot. Rabbi Yehuda says: Goats may go out on Shabbat with their udders bound to dry their milk supply and discontinue their lactation, in order to facilitate conception. In that case, they are tied with a tight, permanent knot, and there is no concern lest it fall in the public domain. However, they may not go out with their udders bound to conserve their milk, as in that case they are bound loosely. GEMARA: Shmuel said: And with regard to the halakha taught in our mishna that a donkey may go out on Shabbat with its saddlecloth, that only applies to a case where it was tied to the animal from Shabbat eve. Rav Naḥman said: The wording of our mishna is also precise in support of Shmuel’s statement, as it teaches later in the chapter: A donkey may not go out into the public domain on Shabbat with its saddlecloth when it is not tied to its back. The Gemara clarifies the meaning of that mishna: What are the circumstances? If you say that the later mishna is referring to a case where the saddlecloth is not tied to the animal at all, that is obvious. There is concern lest the saddlecloth fall from the animal and its owner will come to bring it and carry it four cubits in the public domain. Rather, is it not referring to a case where the saddlecloth is presently tied to the animal, but it was not tied from Shabbat eve? By inference, conclude that the first clause, i.e., our mishna, which permits the animal to go out with its saddlecloth, is referring to a case where the saddlecloth was tied to the animal from Shabbat eve. The Gemara concludes: Indeed, conclude from it that this is the correct understanding. That was also taught in a baraita: A donkey may go out on Shabbat with its saddlecloth when it was tied to the animal from Shabbat eve, and it may not go out with the saddle, even though it was tied to the animal from Shabbat eve. Rabban Shimon ben Gamliel says: The donkey may even go out with its saddle when it was tied to the animal from Shabbat eve, provided that he does not tie the strap with which the saddle is fastened around the donkey’s belly, and provided that he does not pass a strap under the animal’s tail, which is standard procedure when placing a burden on the animal. Rav Asi bar Natan raised a dilemma before Rabbi Ḥiyya bar Rav Ashi: What is the halakha with regard to placing a saddlecloth on a donkey on Shabbat in a private domain in order to warm the donkey with no intention to take it into the public domain? Rabbi Ḥiyya bar Ashi said to him: It is permitted. Rav Asi bar Natan said to him: What is the difference between this and a saddle, which may not be moved on Shabbat? Rabbi Ḥiyya bar Ashi remained silent and did not answer. Rav Asi bar Natan thought that Rabbi Ḥiyya was of the opinion that even a saddle may be placed on a donkey on Shabbat. He, therefore, raised an objection from a baraita: A saddle that is on a donkey on Shabbat, and its owner wishes to remove it, he may not move it with his hand to remove it; rather, he walks the animal back and forth in the courtyard, and the saddle falls on its own. Now even with regard to removing a saddle that is already on the animal’s back, you said no, one may not move it; is prohibiting one from placing the saddle on the animal necessary? Rabbi Zeira said to Rav Asi: Leave Rabbi Ḥiyya, and do not raise an objection to his statement, as he agrees with his teacher. As Rav Ḥiyya bar Ashi said that Rav said: One may hang a basket with fodder around the neck of an animal on Shabbat, and by means of an a fortiori inference, derive that one may place a saddlecloth on an animal’s back on Shabbat. What is the a fortiori inference? Just as there, placing the basket of fodder so that the animal can eat without bending down, which is done for the animal’s pleasure, is permitted; here, placing the saddlecloth, which is done to prevent the animal from suffering from the cold, all the more so should be permitted. Shmuel said: A saddlecloth is permitted; however, a basket with fodder is prohibited. Rabbi Ḥiyya bar Yosef went and said the halakha of Rav before Shmuel. Shmuel said to him: If Abba, Rav, actually said that, he knows nothing at all about matters of Shabbat. When Rabbi Zeira ascended to Eretz Yisrael he found Rabbi Binyamin bar Yefet who sat and said to him in the name of Rabbi Yoḥanan: One may place a saddlecloth on a donkey on Shabbat. Rabbi Zeira said to him: You have spoken well, and Aryokh explained the matter likewise in Babylonia. The Gemara asks: Who is Aryokh? It is Shmuel. Didn’t Rav also say that one may place a saddlecloth on a donkey on Shabbat? With regard to a saddlecloth they agree. Why then did Rabbi Zeira attribute the ruling specifically to Shmuel? Rather, he heard Rabbi Binyamin bar Yefet conclude: However, one may not hang a basket with fodder around the neck of an animal on Shabbat. It was that part of the statement that led him to say: You have spoken well, and Aryokh explained the matter likewise in Babylonia. The Gemara continues: In any case, everyone agrees that a saddlecloth is permitted. The question arises: How is a saddlecloth different from a saddle, which may not even be removed from the donkey? If the concern is for the animal’s suffering, why is it not permitted to remove the saddle? The Gemara answers: It is different there, as it is possible for the saddle to fall on its own. Therefore, there is no reason to permit its removal by hand. Rav Pappa said: There is a distinction between the two cases: Here, where the Sages permitted placing a saddlecloth on a donkey on Shabbat, it is to warm the animal. There, where the Sages prohibited removing a saddle, it is to cool the animal. Placing the saddlecloth to warm the animal is permitted because otherwise it experiences discomfort from the cold. However, removing the saddle to cool the animal is prohibited because the animal does not experience discomfort from excessive heat. And that is the folk saying that people say: A donkey, even in the summer season of Tammuz, is cold. Therefore, seeing to the animal’s warmth is more important. The Gemara raises an objection from the Tosefta to those who prohibit placing a basket with fodder around an animal’s neck on Shabbat: A horse may neither go out into the public domain on Shabbat with a fox’s tail that is placed as a talisman to ward off the evil eye nor with a string of red wool that is hung between its eyes as an ornament. Neither may a zav go out with his pouch that prevents his clothes from becoming sullied from his emissions, nor goats with a pouch that is on their udders so that they will not be scratched by stones, nor a cow with the muzzle that is on its mouth, nor foals with baskets of fodder that are around their mouths into the public domain. And an animal may neither go out with metal shoes that are on its feet, nor with an amulet that is placed on the animal to promote its good health, even if the amulet has proven effective. And this is a stricture that applies to animals beyond the strictures that apply to people, as a person is permitted to go out into the public domain with an amulet that has proved effective. However, an animal may go out with a bandage that is on a wound, and with splints that are on a broken bone so that it will heal properly, and with the afterbirth hanging from its womb. And one may plug the bell hanging from an animal’s neck to prevent it from ringing, and then the animal may walk with it in the courtyard, which is a private domain, but not in a public domain. In any case, it is taught here: Nor foals with baskets of fodder that are around their mouths into the public domain. By inference: It is specifically into the public domain that they may not go with fodder baskets in their mouths; however, in a courtyard, they may well walk with a basket of fodder. What? Is it not referring to large foals around whose necks fodder baskets are hung for their pleasure? The Gemara answers: No, it is referring to small foals, and the baskets are hung to prevent their discomfort. The legs of a young foal are long and its neck is short. Consequently, eating from the ground is difficult. Hanging the fodder basket around its neck enables it to eat without bending down. The Gemara adds: This is also precise in the language of the Tosefta, as it teaches the case of the foals similar to the case of an amulet worn for healing purposes. The Gemara concludes: Indeed, learn from it that this is the correct understanding. The Gemara further examines the baraita cited earlier. The Master said: Nor may an animal go out with an amulet on Shabbat, even if the amulet proved effective. The Gemara asks: Didn’t we learn in a mishna: One may not go out on Shabbat with an amulet that has not proved effective? By inference: If the amulet proved effective, he may well do so. The Gemara answers: Here too, it is referring to an amulet that has not proved effective. The Gemara asks: Doesn’t the baraita teach: Even if the amulet proved effective? The Gemara answers: The baraita is referring to an amulet that proved effective for a person, and did not prove effective for an animal. The Gemara wonders: Is there an amulet that proved effective for a person and is not effective for an animal? Healing an animal should be easier than healing a person. The Gemara answers: Yes, an amulet aids a person, who is under the protection of an advocate angel [mazal]; however, it does not aid an animal, which is not under the protection of an advocate angel. The Gemara poses a question: If so, that the baraita is referring to an amulet that did not prove effective for an animal, but if the amulet proved effective, the animal may indeed go out into the public domain with it; what is the meaning of the phrase in the Tosefta: And this is a stricture that applies to animals beyond the strictures that apply to people? The halakha is the same with regard to both people and animals. If the amulet has proven effective, even an animal may go out with it on Shabbat. If it has not proven effective, even a person may not go out with it. The Gemara responds: Do you hold that this statement is referring to an amulet? It is referring to a shoe; an animal may not go out with a shoe on Shabbat, but a person may. With regard to whether and to what extent the discomfort of animals is a factor taken into consideration on Shabbat, the Gemara says: Come and hear that which was taught in a baraita: One may smear on oil and scrape off a scab on Shabbat for a person, and one may not smear on oil and scrape off a scab for an animal. Is it not referring here to a case where there is a wound, and he smears on oil and scrapes the scab due to the discomfort caused by the wound, and nevertheless it was permitted exclusively for a person and not for an animal? The Gemara rejects this argument: No, it is referring to a case where the wound has already ceased and healed, and he smears oil and scrapes due to the pleasure caused by the treatment. The Gemara cites an additional proof: Come and hear that which was taught in the following baraita: With regard to an animal suffering from heart congestion that restricts its blood supply and whose temperature has risen, one may not stand it in water so that it will cool off. However, with regard to a person suffering from heart congestion that restricts his blood supply, one may stand him in water so that he will cool off. Apparently, the suffering of an animal is of no concern. Ulla said: Here, the Sages issued a decree prohibiting all healing on Shabbat due to the crushing of herbs for medicinal purposes, which is prohibited by Torah law. The Sages prohibited cooling the animal in water lest one come to grind the ingredients used in the preparation of medicine. If so, the same decree should also apply in the case of a person. It should be prohibited to stand a sick person in water to cool him off due to the rabbinic prohibition against engaging in healing on Shabbat. The Gemara answers: In the case of a person, it appears as if he entered the water merely to cool off, not necessarily to cure an illness. The Gemara asks: If so, say in the case of an animal as well that it appears as if it entered the water merely to cool off, not necessarily to cure an illness. The Gemara answers: An animal does not typically enter the water on its own to cool off. Neither does one typically stand an animal in water to cool it off unless it serves some healing purpose. Apparently, due to a decree, the Sages were stringent and prohibited standing the animal in water even if it will die as a result. The Gemara now asks: Do we really issue a decree for an animal? Wasn’t it taught in a baraita: If an animal were standing beyond the Shabbat limit, a situation in which it is prohibited to go fetch it, he may call the animal and it will come to him on its own? And we do not issue a decree to prohibit calling the animal, lest he come to bring it himself. Apparently, the Sages did not issue a decree in a case where one could incur a loss and there is no actual transgression committed. Here too, it should not be prohibited to stand his animal in water due to a decree lest he come to grind herbs and thereby violate a Torah prohibition. And Ravina said: No proof can be cited from this case, as here it is a situation where the animal’s Shabbat limit was subsumed within the limit of its owner. The animal strayed beyond its own Shabbat limit, which is determined by the Shabbat limit of the shepherd entrusted with its herding. However, the animal remained within the Shabbat limit of its owner, which extended beyond that of the shepherd. Consequently, the owner is permitted to call the animal so that it will return on its own. Even if he forgets and goes out to fetch the animal, he will not have gone beyond his Shabbat limit. The fact that the animal itself went beyond its Shabbat limit is of no concern. Rav Naḥman bar Yitzḥak said: The matter of the decree due to crushing herbs is itself subject to a dispute between the tanna’im. As it was taught in a baraita: In the case of an animal that ate vetch, which caused a life-threatening case of constipation, one may not run it around in the courtyard to loosen its bowels due to the decree prohibiting healing. Rabbi Oshaya deems it permitted. Apparently, the tanna’im disagree whether or not healing is prohibited with regard to animals. The Gemara adds that Rava taught: The halakha is in accordance with the opinion of Rabbi Oshaya. The Master said: Neither may a zav go out with his pouch, which prevents his clothes from becoming sullied by his emissions, nor goats with the pouch that is on their udders. The Gemara asks: Wasn’t it taught in a different baraita: Goats may go out with the pouch that is on their udders? Rav Yehuda said: This is not difficult. This baraita is referring to a pouch that is tied tightly to the udder. It is permitted because there is no concern that the pouch will fall. That baraita is referring to a pouch that is not tightly tied. It is prohibited because of the concern that the pouch will fall and a person will come to retrieve it. Rav Yosef said: Have you removed the tanna’im from the world? This is subject to a disagreement between the tanna’im, as we learned in our mishna: She-goats may go out with their udders bound. Rabbi Yosei Rabbi Yosei prohibits the animals from going out with all of these items, as he considers them burdens, except for the ewes that are kevunot. Rabbi Yehuda says: Goats may go out on Shabbat with their udders bound to dry their milk supply and discontinue their lactation in order to facilitate conception, as in that case, they are tied with a tight, permanent knot. However, they may not go out with their udders bound to conserve the milk, as in that case they are bound loosely. Apparently, there are tanna’im who rule leniently with regard to attaching pouches to the udders of goats and permit the practice, and others prohibit doing so. And if you wish, say instead: Both this baraita and that baraita were taught in accordance with the opinion of Rabbi Yehuda, and nevertheless it is not difficult. Here, where the goats are permitted to go out with a pouch on their udders, the baraita is referring to a case where it was done to dry their milk supply. There, where goats are prohibited to do so, the baraita is referring to a case where it was done to conserve the milk. The Gemara adds: It was taught in a baraita that Rabbi Yehuda said: There was an incident involving the goats belonging to the residents of a house in Antioch whose udders were especially large and they would drag along the ground. And they made pouches for them so that their udders would not get scratched. The Gemara cites a related baraita in which the Sages taught: There was an incident where one man’s wife died, and she left him a son to nurse, and he did not have money to pay the wages of a wet-nurse. And a miracle was performed on his behalf, and he developed breasts like the two breasts of a woman, and he nursed his son. Rav Yosef said: Come and see how great this person is that a miracle of that magnitude was performed on his behalf. Abaye said to him: On the contrary, how dishonorable is this person that the order of creation was altered on his behalf. A miracle was indeed performed on his behalf; however, it was performed in a demeaning and unpleasant manner. Rav Yehuda added and said: Come and see how difficult it is to provide for a person’s sustenance. It is so difficult that the order of creation had to be altered on his behalf, which was apparently easier than providing him a source of financial support. Rav Naḥman said: Know that it is so, as miracles are often performed on a person’s behalf; however, it has not yet happened that food was miraculously created in a person’s home. The Gemara relates another unusual story. The Sages taught: There was an incident involving one man who married a one-armed woman, and he did not realize that she was one-armed until the day that she died. Rav said: Come and see how modest this woman was that her husband did not realize this about her. Rabbi Ḥiyya said to him: That is typical conduct for her, as a woman typically covers herself. All the more so a one-armed woman makes sure to cover her defect. Rather, say: How modest was this man that he did not recognize this in his wife. We learned in our mishna: Rams may go out levuvin. The Gemara asks: What is the meaning of levuvin? Rav Huna said: Tied [tutri] in pairs. The Gemara explains: From where may it be inferred that this word levuvin is a term of closeness? As it is written: “You have drawn me near [libavtini], my sister my bride” (Song of Songs 4:9). Ulla said: Levuvin refers to animal hide that one ties over the hearts [lev] of rams so that wolves will not attack them. The Gemara asks: Do wolves attack rams but do not attack ewes? Why is this protection provided only to males? The Gemara answers: Because the males walk at the head of the flock. The Gemara asks: Do wolves attack the head of the flock but not the rear of the flock? Rather, the wolves prey specifically on the rams because they are plump. The Gemara asks: Are there no plump ones among the ewes? And furthermore, do the wolves know how to distinguish between these, the plump ones, and those, the thin ones? Rather, the wolves prey specifically on the rams because they raise their noses and walk while looking to both sides. The wolves think that they are preparing to attack them. Rav Naḥman bar Yitzḥak said: Levuvin refers to animal hide that one ties under their male organ so that they will not mount the females. And from where do we derive that meaning? Because the latter clause states: Ewes may go out sheḥuzot. What is the meaning of sheḥuzot? It means that they fasten [she’oḥazin] their tails with animal hide so that the males may mount them more easily. It is reasonable to explain that the first clause refers to an action undertaken so that the males will not mount the females, and the latter clause to an action undertaken so that the males will mount them. The Gemara asks: From where may it be inferred that this word sheḥuzot is a term of exposure? The Gemara answers: As it is written in the description of a wicked woman: “And behold there met him a woman with the attire of a harlot [shit zona] and wily of heart” (Proverbs 7:10). Sheḥuzot can be interpreted as an acronym of the words shit zona, attire of a harlot, with the letters tav and ḥet, which are similar in form, interchanged. We learned in the mishna: Ewes may go out kevulot. The Gemara asks: What is the meaning of kevulot? It means that they bind their tails down with animal hide so that the males will not mount them. The Gemara explains: From where may it be inferred that this word kavul is a term meaning does not produce fruit? As it is written, when Solomon gave a portion of land to Hiram, he complained: “What cities are these which you have given me, my brother? And he called them the land of Kavul to this day” (I Kings 9:13). What is the meaning of the land of Kavul? Rav Huna said: That the people living there were bound [mekhubalin] and surrounded by silver and gold. Rava said to him: If so, is that what is written: “And Hiram came out of Tyre to see the cities which Solomon had given him, and they pleased him not” (I Kings 9:12)? Because the people there were bound in silver and gold, the cities were not pleasing in his eyes? Rav Huna said to him: Yes, indeed, it was precisely the abundant wealth that displeased Hiram. Since the people were wealthy and delicate, they did not perform labor. Hiram was seeking people whom he could enlist in the service of the king. Rav Naḥman bar Yitzḥak said: It was a sandy [ḥomton] expanse of land. And why was it called Kavul? It is because the leg sinks into it up to the ankle [kavla]. And people say in describing poor quality land: Land that is bound [mekhabela] shut, i.e., that does not produce fruit. We learned in the mishna: Ewes may go out kevunot. The Gemara asks: What is the meaning of kevunot? It is that they covered [mekhabnin] the animal to produce fine wool. Sheep were wrapped in cloth from the day they were born so that their wool would remain perfectly clean and it could be used in fashioning especially fine wool garments. As we learned in a mishna: The color of a leprous sore [se’et] is like that of white wool. The Gemara asked: What is white wool? Rav Beivai bar Abaye said: Like the clean wool of a newborn lamb, which they cover from birth to produce fine wool. Our mishna continues: And the she-goats may go out with their udders bound. Rabbi Yosei prohibits doing so. Rabbi Yehuda distinguishes between a case where the udders were bound to dry the milk supply and a case where they were bound to conserve the milk. It was stated that the amora’im disagreed with regard to the ruling in this dispute: Rav said: The halakha is in accordance with the opinion of Rabbi Yehuda, and Shmuel said: The halakha is in accordance with the opinion of Rabbi Yosei. And there are those who teach this halakha independent of the mishna. Rav said: If the udders were bound to dry the milk supply it is permitted, and not if they were bound to conserve the milk. And Shmuel said: Both this and that are prohibited. And there are those who taught this dispute with regard to this baraita: Goats may go out with their udders bound to dry the milk supply but not to conserve the milk. In the name of Rabbi Yehuda ben Beteira they said: That is the halakha, based on the letter of the law, but who can cast lots to determine by sight alone which udder is bound to dry the milk supply and which was bound to conserve the milk? And since one cannot distinguish between them, the Sages said: Both this and that are prohibited. Shmuel said, and some say Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Beteira. In terms of practical halakha, according to all versions of the disagreement, Shmuel holds that it is prohibited in both cases. When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of the anonymous first tanna of the mishna. He permits goats to go out with their udders bound in all cases. MISHNA: And with what may an animal not go out into the public domain on Shabbat? A camel may not go out with a saddlecloth, nor may it go out akud or ragul, which are different ways of tying its legs together, as will be explained in the Gemara. And likewise, tying all other animals in those manners is prohibited. And likewise, one may not tie camels one to the other and pull the lead camel, thereby pulling the others after it. However, he may place the ropes tied to each of the camels in his hand and pull them all, provided that he does not intertwine the ropes. GEMARA: It was taught in the Tosefta: A camel may not go out with a saddlecloth tied to its tail alone. However, it may go out with a saddlecloth tied to both its tail and its hump, as in that case one can assume that the saddlecloth will not fall off. Rabba bar Rav Huna said: A female camel may go out with a saddlecloth tied to its afterbirth. Because any movement of the saddlecloth will cause pain, the animal will not attempt to detach it. Therefore, there is no room for concern lest it fall. We learned in the mishna: A camel may not go out akud or ragul. Rav Yehuda said: Akud means that the animal’s foreleg and hind leg are bound together, similar to the binding of Isaac, son of Abraham, with regard to whom the term vaya’akod is employed. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. That was done so that the camel would have the use of only three legs and would be unable to run away. The Gemara raises an objection from the following baraita: Akud means that the animal’s two forelegs and two hind legs are bound together. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. The Gemara answers: Rav Yehuda holds in accordance with this tanna, as it was taught in a baraita: Akud means that either the animal’s foreleg and hind leg or its two forelegs and two hind legs are bound together. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. The Gemara asks: And this baraita and Rav Yehuda’s statement are still not the same. Granted, the first clause, the first case of akud, and the last clause, the case of ragul, work out well. The baraita and the opinion of Rav Yehuda correspond. However, the middle clause is difficult. According to the baraita, when the animal’s two forelegs and two hind legs are bound together, that is also considered akud, contrary to Rav Yehuda’s opinion. Rather, Rav Yehuda stated his opinion in accordance with this tanna, who said in a baraita: Akud means that the animal’s foreleg and hind leg are bound together, similar to the binding of Isaac, son of Abraham. Ragul means that one may not bend the lower part of the foreleg onto the upper foreleg and tie it. We learned in the mishna: And one may not tie camels one to the other and pull the lead camel, thereby pulling the others after it. The Gemara asks: What is the reason for this? Rav Ashi said: Because he appears like one going to the market [ḥinga] to sell merchandise or to deliver a caravan of camels. In deference to Shabbat, one may not create that impression. The mishna continues: However, he may place the ropes tied to each of the camels in his hand and pull them all, provided that he does not intertwine the ropes. Rav Ashi said: This prohibition was taught not with regard to the halakhot of Shabbat but only with regard to the halakhot of prohibited mixtures of diverse kinds. The Gemara asks: Diverse kinds of what? If you say that it is referring to the prohibited mixture of the diverse kinds of man and animal, i.e., a person may not be tied to an animal, just as plowing with the diverse kinds of an ox and a donkey is prohibited, that is difficult. Didn’t we learn in a mishna: A person is permitted to plow and to pull a wagon together with all animals, as the prohibition is limited to diverse kinds of animals? Rather, the problem here is one of diverse kinds of ropes. If one rope is made of wool and another of linen, it is prohibited to intertwine them because that would create a forbidden mixture of the diverse kinds of wool and linen. However, this too is difficult, as, wasn’t it taught in a baraita: One who attaches a swatch of wool and a swatch of linen with a single stitch or knot, it is not considered a connection with regard to the prohibition of diverse kinds? All the more so in this case, where the ropes are not tied together at all but are merely intertwined, it should not be considered a connection. The Gemara answers: Actually, the problem here is one of diverse kinds of ropes, and the mishna is saying as follows: Provided that he does not intertwine the ropes and tie them together. Ropes that are intertwined and tied together constitute a double knot, which is considered a connection with regard to the prohibition of diverse kinds of wool and linen. Shmuel said that there is another restriction that applies to pulling camels with ropes on Shabbat. It is only permitted provided that a handbreadth of the rope does not hang below his hand to avoid the appearance that he is carrying a rope in his hand on Shabbat. The Gemara raises an objection: Didn’t a Sage of the school of Shmuel teach a baraita: Provided that two handbreadths of the rope do not hang below his hand? Abaye said: Now that Shmuel said one handbreadth, and a Sage of the school of Shmuel taught two handbreadths, it is reasonable to conclude that Shmuel came to teach us the practical halakha. Even though the tanna’im permitted pulling the camel as long as there is less than two handbreadths of rope hanging below his hand, in practice, one should be stringent and not leave even one handbreadth hanging. The Gemara raises an objection: Wasn’t it taught in a baraita: This is only permitted provided that he raises the rope one handbreadth from the ground? Apparently, there is no restriction with regard to the length of rope that may hang below the person’s hand. The Gemara answers: When this baraita was taught, it was taught with regard to the length of rope between the camel and the person holding it. That part of the rope may not sag to the ground; rather, it must be raised at least one handbreadth so that it is clear that the rope is attached to the camel. MISHNA: This mishna lists additional objects with which an animal may not go out into the public domain on Shabbat: A donkey may neither go out with the saddlecloth when it is not tied to its back, nor with a bell even if it is plugged to prevent it from ringing, nor with a ladder that is around its neck, nor with a strap that is around its leg. And the roosters may not go out with strings and not with a strap on their feet, which are tied there as a sign of ownership. And the rams may not go out with a small wagon under their tails, as it was common practice to put a small wagon under the tails of grown sheep so that the tail would not be injured by dragging on the ground. And ewes may not go out ḥanunot, nor may a calf go out with a gimon, nor may a cow go out with the skin of a hedgehog [kupar], nor with a strap between its horns. The mishna relates that Rabbi Elazar ben Azarya’s cow would go out on Shabbat with a strap between its horns, contrary to the will of the Sages. GEMARA: We learned in the mishna that a donkey may not go out on Shabbat with a saddlecloth if it was not tied to its back. The Gemara explains: What is the reason? As we stated above, there is room for concern that when not secured, the saddlecloth is liable to fall off the animal’s back, and its owner may come to retrieve the saddlecloth in the public domain. We also learned in the mishna: A donkey may not go out with a bell even if it is plugged to prevent it from ringing. The reason is that the animal’s owner appears like one going to the market, who adorns his donkey with bells in honor of market day. It was also taught in the mishna: Nor with a ladder that is around its neck. Rav Huna said: This refers to a device tied to the jaw. For what purpose does the owner do so to the animal? For a circumstance in which the animal has a wound, so that it does not chafe it again and exacerbate the wound. The mishna continues: Nor with a strap that is around its leg. The Gemara explains: What purpose does this strap serve? The owner does so to the animal to protect its strides. If its legs are slightly bent so that they knock against each other when the animal walks, a strap is tied there to prevent injury. We learned further in the mishna: And the roosters may not go out with strings. For what purpose does the owner place the strings? He does so to the roosters as a sign indicating to whom they belong, so that they will not be confused with other roosters. The mishna continues: Nor with a strap on their feet. The Gemara explains that the owner does so to the roosters so that they will not break vessels. When their legs are tied, they jump around less and cause less damage. The mishna teaches: Rams may not go out with a small wagon under their tails. The Gemara explains that these wagons were placed there in order that their tails will not be injured. The mishna teaches: And ewes may not go out ḥanunot. The Gemara relates that Rav Aḥa bar Ulla sat before Rav Ḥisda and he sat and he said: From when they shear the wool off the animal, they soak a soft swatch of wool or some other material in oil and place it on the animal’s forehead so that it will not catch cold until its wool grows back. Ḥanunot refers to animals with those swatches. Rav Ḥisda said to him: If so, you turned the animal into the Exilarch, Mar Ukva. That is treatment fit for him, not for a shorn sheep. Rather, Rav Pappa bar Shmuel sat before Rav Ḥisda, and he sat and he said: At the time that the animal crouches to give birth, those tending to the animal soak two swatches of wool in oil, and place one on the animal’s forehead and the other on its womb so that it will be warmed. Ḥanunot refers to animals with those swatches. Rav Naḥman said to him: If so, you turned the animal into Yalta, my wife, who descended from the house of the Exilarch. That is treatment fit for her, not for an animal. Rather, Rav Huna said: There is a certain tree in the cities on the sea shore, and ḥanun is its name. Those tending to the animal bring a wood chip from the tree and place it in the animal’s nose so that it will sneeze and the worms on its head will fall. The Gemara asks: If so, not only ewes but also rams should be given this treatment. The Gemara answers: Since the rams butt heads with each other, the worms fall in any event. Shimon the Nazirite said: Ḥanunot is referring to animals into whose nose the chip of a broom tree would be placed. The Gemara asks: Granted, according to the explanation of Rav Huna that it is the chip taken from the ḥanun tree, that is why the mishna teaches the halakha employing the term ḥanunot. However, according to the explanations proposed by the other Sages, what is the reason that the mishna employed the term ḥanunot? The Gemara explains: Because we do something to the animals that indicates that we have mercy on them; hanunot in the sense of merciful. We learned in the mishna: And a calf may not go out on Shabbat with a gimon. The Gemara asks: What is the meaning of: A calf with a gimon? Rav Huna said: A small yoke is placed on the calf in order to train it from an early age to bear a yoke. Rabbi Elazar said: From where is it inferred that this term gimon is a term of bending? As it is written: “Is it to bow down his head like a bulrush [agmon]” (Isaiah 58:5). There is an etymological similarity between the words gimon and agmon. The mishna continues: And a cow may not go out on Shabbat with the skin of a hedgehog placed over its udder. The Gemara explains that the owner does this to the cow so that creeping animals will not suckle from it. It was also taught in the mishna: And not with a strap that is between its horns. The Gemara notes: If this is explained according to the opinion of Rav, whether the strap was intended as an ornament or whether it was intended to secure the animal, it is prohibited for the cow to go out into the public domain with it. If this is explained according to the opinion of Shmuel, if the strap was intended as an ornament, it is prohibited; if it was intended to secure the animal, it is permitted. The mishna relates that the cow of Rabbi Elazar ben Azarya would go out on Shabbat with a strap between its horns, contrary to the will of the Sages. The Gemara asks: Did Rabbi Elazar ben Azarya have only one cow? Didn’t Rav say, and some say that Rav Yehuda said that Rav said: Rabbi Elazar ben Azarya would tithe from his herds 12,000 calves each and every year? There were 120, 000 calves born in his herds annually. There is no way, then, to speak of the cow of Rabbi Elazar ben Azarya. The Gemara answers: It was taught in the Tosefta: The cow was not his; rather, it was his neighbor’s. And because he did not protest her conduct and tell her that doing so is prohibited the cow was called by his name to his discredit, as if it were his. It was related that Rav, and Rabbi Ḥanina, and Rabbi Yoḥanan, and Rav Ḥaviva taught the statement cited below. The Gemara comments: Throughout the order of Moed, wherever this pair of Sages is mentioned, exchange Rabbi Yoḥanan and insert Rabbi Yonatan in his place. In any event, they said: Anyone who had the capability to effectively protest the sinful conduct of the members of his household and did not protest, he himself is apprehended for the sins of the members of his household and punished. If he is in a position to protest the sinful conduct of the people of his town, and he fails to do so, he is apprehended for the sins of the people of his town. If he is in a position to protest the sinful conduct of the whole world, and he fails to do so, he is apprehended for the sins of the whole world. Rav Pappa said: And the members of the household of the Exilarch were apprehended and punished for the sins of the whole world. Because their authority extends across the entire Jewish world, it is in their hands to ensure that nobody commit a transgression. As indicated by that which Rabbi Ḥanina said: What is the meaning of that which is written: “The Lord will enter into judgment with the Elders of His people and its princes, saying: It is you who have eaten up the vineyard; the robbery of the poor is in your houses” (Isaiah 3:14)? The question arises: If the princes sinned by committing robbery, what did the Elders, i.e., the Sages of that generation, do that was considered a sin? Rather, say: God will enter into judgment with the Elders because they did not protest the sinful conduct of the princes. The Gemara relates: Rav Yehuda was sitting before Shmuel when this woman came and cried before Shmuel about an injustice that had been committed against her, and Shmuel paid no attention to her. Rav Yehuda said to Shmuel: Doesn’t the Master hold in accordance with the verse: “Whoever stops his ears at the cry of the poor, he also shall cry himself, but shall not be heard” (Proverbs 21:13)? He said to him: Big-toothed one, your superior, i.e., I, your teacher, will be punished in cold water. The superior of your superior will be punished in hot water. Mar Ukva, who sits as president of the court, is responsible for those matters. And from where is it derived that this responsibility is incumbent upon the house of the Exilarch? As it is written: “House of David, so says the Lord: Execute judgment in the morning, and deliver him that is robbed out of the hand of the oppressor, lest My fury go forth like fire, and burn so that none can quench it because of the evil of your doings” (Jeremiah 21:12). The Exilarch is a direct descendant of the house of David. With regard to the issue of reprimand, it was related that Rabbi Zeira said to Rabbi Simon: Let the Master reprimand the members of the house of the Exilarch, as Rabbi Simon had some influence over them. Rabbi Simon said to him: They will not accept reprimand from me. Rabbi Zeira said to him: Let my master reprimand them even if they do not accept it. As Rabbi Aḥa, son of Rabbi Ḥanina, said: Never did a promise manifesting a good attribute emerge from the mouth of the Holy One, Blessed be He, and He later retracted it and rendered it evil, except with regard to this matter, as it is written: “And the Lord said to him: Go through the midst of the city, through the midst of Jerusalem, and set a mark [tav] upon the foreheads of the men that sigh and that cry on account of all the abominations that are done in her midst” (Ezekiel 9:4). The Holy One, Blessed be He, said to the angel Gabriel: Go and inscribe a tav of ink on the foreheads of the righteous as a sign so that the angels of destruction will not have dominion over them. And inscribe a tav of blood on the foreheads of the wicked as a sign so that the angels of destruction will have dominion over them. The attribute of justice said before the Holy One, Blessed be He: Master of the Universe, how are these different from those? He said to that attribute: These are full-fledged righteous people and those are full-fledged wicked people. The attribute of justice said to Him: Master of the Universe, it was in the hands of the righteous to protest the conduct of the wicked, and they did not protest. He said to that attribute: It is revealed and known before Me that even had they protested the conduct of the wicked, they would not have accepted the reprimand from them. They would have continued in their wicked ways. The attribute of justice said before Him: Master of the Universe, if it is revealed before You that their reprimand would have been ineffective, is it revealed to them? The Holy One, Blessed be He, retracted His promise to protect the righteous and decided that those who failed to protest would also be punished. And that is the meaning of that which is written: “Slay utterly old and young, both maid, and little children, and women; but come not near any man upon whom is the mark; and begin at My Sanctuary” (Ezekiel 9:6). And it is written in that same verse: “Then they began with the elderly men who were before the house.” Rav Yosef taught: Read not: My Sanctuary [mikdashi], rather: Those sanctified to Me [mekudashai]. These are people who observed the whole Torah in its entirety from alef through tav. And immediately: “And, behold, six men came from the way of the higher gate, which lies toward the north, and every man with his weapon of destruction in his hand; and one man among them was clothed in linen, with a writer’s inkwell by his side; and they went in and stood beside the bronze altar” (Ezekiel 9:2). The Gemara asks: Was there a bronze altar in the Temple in the time of Ezekiel? Already in the days of Solomon there was only a stone altar. Rather, this should be understood as a figure of speech. The Holy One, Blessed be He, said to them: Begin from the place where they recite songs of praise before Me. This is a reference to the Levites in the Temple whose musical instruments are made of bronze. And who are the six men mentioned here? Rav Ḥisda said: Fury, Wrath, and Rage, and Destroyer, and Breaker, and Annihilator, six angels of destruction. The Gemara asks further: And what is different about the letter tav, that it was inscribed on the foreheads of the righteous? Rav said: Tav is the first letter of the word tiḥye, you shall live, indicating that the righteous shall live. Tav is also the first letter of the word tamut, you shall die, indicating that the wicked shall die. And Shmuel said: The letter tav is the first letter of the word tama, ceased, indicating that the merit of the Patriarchs has ceased and will not help the wicked. Rabbi Yoḥanan said: The letter tav is the first letter of the word taḥon, will have mercy, indicating that due to the merit of the Patriarchs God will have mercy on the righteous. And Reish Lakish said: The letter tav is the last letter of the seal of the Holy One, Blessed be He, as Rabbi Ḥanina said: The seal of the Holy One, Blessed be He, is truth [emet], which ends with the letter tav. Rabbi Shmuel bar Naḥmani said: The letter tav teaches that these are people who observed the entire Torah from alef through tav. With regard to the statement that the merit of the Patriarchs has ceased, the Gemara asks: From when did the merit of the Patriarchs cease? Rav said: From the days of the prophet Hosea, son of Beeri, as it is stated: “And now I will uncover her lewdness in the sight of her lovers, and none shall deliver her out of My hand” (Hosea 2:12). Israel will no longer be saved by the merit of the Patriarchs. And Shmuel said: The merit of the Patriarchs ceased since the days of Hazael, as it is stated: “And Hazael, king of Aram, oppressed Israel all the days of Jehoahaz” (II Kings 13:22). And it is written there: “And the Lord was gracious to them, and had compassion on them, and turned toward them because of His covenant with Abraham, Isaac, and Jacob and would not destroy them; neither has He till now cast them away from His presence” (II Kings 13:23). That was the last time that the merit of the Patriarchs was mentioned. Rabbi Yehoshua ben Levi said: The merit of the Patriarchs ceased since the days of Elijah the Prophet, as it is stated: “And it came to pass at the time of the evening sacrifice, that Elijah the Prophet came near and said, Lord, God of Abraham, Isaac, and Israel, let it be known this day that you are God in Israel, and that I am Your servant, and that I have done all these things at Your word” (I Kings 18:36). By inference: Let it be known this day and not afterward because the merit of the Patriarchs will cease today. And Rabbi Yoḥanan said: The merit of the Patriarchs ceased since the days of Hezekiah, as it is stated: “For the increase of the realm and for peace without end, upon the throne of David, and upon his kingdom to order it, and to establish it with judgment and with justice; from now and forever the zeal of the Lord of hosts performs this” (Isaiah 9:6). That is to say, from this point on, the merit of the Patriarchs will not protect Israel, leaving only the zeal of the Lord. The Gemara continues its discussion of punishment in general and the relationship between a person’s actions and the punishments meted out against him in particular: Rav Ami said: There is no death without sin; were a person not to sin, he would not die. And there is no suffering without iniquity. The Gemara adduces proof to these assertions: There is no death without sin, as it is written: “The soul that sins, it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son; the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him” (Ezekiel 18:20). A person dies only because of his own sins and not because of some preexistent sin. And there is no suffering without iniquity, as it is written: “Then I will punish their transgression with the rod and their iniquity with strokes” (Psalms 89:33). The Gemara raises an objection from the following baraita: The ministering angels said before the Holy One, Blessed be He: Master of the Universe, why did You penalize Adam, the first man, with the death penalty? He said to them: I gave him a simple mitzva, and he violated it. They said to Him: Didn’t Moses and Aaron, who observed the whole Torah in its entirety, nevertheless die? The Holy One, Blessed be He, said to them, citing the verse: “All things come alike to all; there is one event to the righteous and to the wicked; to the good and to the clean, and to the unclean; to him who sacrifices, and to him who does not sacrifice; as is the good, so is the sinner; and he who swears, as he who fears an oath” (Ecclesiastes 9:2). Apparently, death is not dependent upon one’s actions. Everyone dies. The Gemara answers: Rav Ami stated his position in accordance with this tanna, as it was taught in a baraita: Rabbi Shimon ben Elazar said: Even Moses and Aaron died due to their sin, as it is stated: “And the Lord spoke to Moses and Aaron: Because you did not believe in Me, to sanctify Me in the eyes of the children of Israel, therefore you shall not bring this congregation in to the land which I have given them” (Numbers 20:12). Had you believed in Me and spoken to the rock as commanded, your time would not yet have come to leave the world. Apparently, even Moses and Aaron died due to their sins. The Gemara raises an objection from what was taught in the following baraita: Four people died due to Adam’s sin with the serpent, in the wake of which death was decreed upon all of mankind, although they themselves were free of sin. And they are: Benjamin, son of Jacob; Amram, father of Moses; Yishai, father of David; and Kilab, son of David. And all of them were learned through tradition, except for Yishai, father of David, with regard to whom there is an explicit verse interpreted homiletically, as it is written: “And Absalom placed Amasa in charge of the army in place of Joab, and Amasa was the son of a man named Ithra the Israelite, who had taken to himself Abigail the daughter of Nahash, sister of Zeruiah, the mother of Joab” (II Samuel 17:25). The Gemara asks: And was Abigail the daughter of Nahash? Wasn’t she the daughter of Yishai, as it is written: “And Yishai begot his firstborn Eliab, and Abinadab the second, and Shimea the third, Nethanel the fourth, Raddai the fifth, Ozem the sixth, David the seventh: and their sisters were Zeruiah and Abigail. And the sons of Zeruiah: Abishai, and Joab, and Asahel, three. And Abigail bore Amasa; and the father of Amasa was Jether the Ishmaelite” (I Chronicles 2:13–17)? Apparently, Abigail was the daughter of Yishai. Rather, the verse states that Abigail was the daughter of Nahash in order to teach us that she was the daughter of one who died on account of Adam’s sin with the serpent [naḥash], though he himself was free of sin. The Gemara now clarifies the matter: Who is the tanna of the baraita that states that four people did not die due to their own sins? If you say that it is the tanna who taught the conversation between the ministering angels and God, it is difficult, as weren’t there also Moses and Aaron who did not die due to their own sins? Rather, it must be Rabbi Shimon ben Elazar, who holds that even Moses and Aaron died because of their own sins. Learn from it then that, in principle, he agrees that there is death without sin and there is suffering without iniquity, and this is a conclusive refutation of the opinion of Rav Ami. The Gemara concludes: Indeed, it is a conclusive refutation. Having mentioned the sins of some of the significant ancestors of the Jewish people, the Gemara now addresses several additional ancestors. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that Reuben sinned with Bilhah is nothing other than mistaken, as it is stated: “And it came to pass, when Israel dwelt in that land, that Reuben went and lay with Bilhah his father’s concubine; and Israel heard of it. Now the sons of Jacob were twelve” (Genesis 35:22). The fact that the Torah stated the number of Jacob’s sons at that point in the narrative teaches that, even after the incident involving Bilhah, all of the brothers were equal in righteousness. Apparently, Reuben did not sin. How then do I establish the meaning of the verse: “And he lay with Bilhah his father’s concubine”? The plain understanding of the verse indicates sin. This verse teaches that Reuben rearranged his father’s bed in protest of Jacob’s placement of his bed in the tent of Bilhah and not in the tent of his mother Leah after the death of Rachel. And the verse ascribes to him liability for his action as if he had actually lain with Bilhah. It was taught in a baraita that Rabbi Shimon ben Elazar says: This righteous person, Reuben, was saved from that sin of adultery, and that action did not come to be performed by him? Is it possible that his descendants are destined to stand on Mount Eival and say: “Cursed be he that lies with his father’s wife; because he uncovers his father’s skirt. And all the people shall say, amen” (Deuteronomy 27:20), and this sin will come to be performed by him? Is it conceivable that the members of a tribe would curse their ancestor? How then do I establish the meaning of the verse: “And he lay with Bilhah his father’s concubine”? It is understood as follows: He protested the affront to his mother. He said: If my mother’s sister Rachel was a rival to my mother, will my mother’s sister’s concubine be a rival to my mother? He immediately stood and rearranged her bed so that Jacob would enter Leah’s tent. Aḥerim say: He rearranged two beds, one of the Divine Presence and one of his father. And that is the meaning of that which is written: “Unstable as water, you shall not excel; because you went up to your father’s bed; then you did defile it; he went up to my bed [yetzui]” (Genesis 49:4). Do not read it as yetzu’i, in the singular; rather, read it as yetzuai, my beds, in the plural, referring to both the bed of his father and to the bed of the Divine Presence, which rests in the tents of the righteous. The Gemara notes that the matter of Reuben’s innocence is parallel to a dispute between tanna’im. As it was taught in a baraita: The verse states: “Unstable [paḥaz] as water, you shall not excel.” The Sages understood paḥaz as an acronym. Rabbi Eliezer says that it means: You were impulsive [pazta], you were liable [ḥavta], and you acted contemptuously [zalta]. Rabbi Yehoshua says that it means: You trampled the law [pasata al dat], you sinned [ḥatata], and you were promiscuous [zanita]. Rabban Gamliel says: The acronym does not refer to Reuben’s sin. It refers to his repentance: You prayed [pilalta], you trembled in fear [ḥalta], and your prayer shone forth [zarḥa]. Rabban Gamliel said: We still need the explanation of the Modaite, as Rabbi Elazar HaModa’i said: Reverse the order of the letters in the word paḥaz and then interpret it homiletically: You shook [zizata], you recoiled [hirtata]; the ḥet in paḥaz is interchanged with the letter heh, so that you would not sin, and the sin flew [parḥa] from you. Rabban Gamliel and Rabbi Elazar HaModa’i are of the opinion that Reuben did not sin. Rabbi Eliezer and Rabbi Yehoshua held that he did. Rava said, and some say that Rabbi Yirmeya bar Abba said: Reverse the letters in paḥaz and interpret: You remembered [zakharta] the punishment for that offense, you made yourself gravely ill [ḥalita] in order to refrain from sinning, and you successfully withdrew [peirashta] from sinning. The Gemara prefaces the following statements of Rabbi Shmuel bar Naḥmani with a mnemonic: Reuben, the sons of Eli, the sons of Samuel, David, Solomon, and Josiah. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that the sons of Eli sinned is nothing other than mistaken, as it is written: “And the two sons of Eli, Hophni and Pinehas, were there priests of the Lord” (I Samuel 1:3). The Gemara explains: Rabbi Yonatan holds in accordance with the opinion of Rav, as Rav said: Pinehas did not sin. And the verse juxtaposes Hophni to Pinehas; just as Pinehas did not sin, so too Hophni did not sin. The Gemara asks: How, then, do I establish the meaning of the verse: “Now Eli was very old, and heard all that his sons did to all Israel; and how they lay with the women that assembled at the door of the Tent of Meeting” (I Samuel 2:22), which indicates otherwise? The Gemara answers: Since the sons of Eli delayed sacrificing the bird-offerings of women who had given birth, a pair of doves brought as part of the purification process, and this delay caused the women not to go to their husbands in timely fashion, the verse ascribes to Hophni and Pinehas liability as if they had lain with them. They were guilty of nothing more than negligence and carelessness. The Gemara now examines the matter itself of Rav’s statement cited in the course of the previous discussion. Rav said: Pinehas did not sin, as it is stated: “And Ahijah, the son of Ahitub, Ichabod’s brother, the son of Pinehas, the son of Eli, was the Lord’s priest in Shiloh, wearing an ephod” (I Samuel 14:3). Is it possible that sin came to Pinehas’ hand and, nevertheless, the verse traces the lineage of his grandson, Ahijah, back to him? Wasn’t it was already stated with regard to those who engage in promiscuous relations: “The Lord will cut off from the man that does this, him that is awake and him that answers from the tents of Jacob, or any to present an offering to the Lord of hosts” (Malachi 2:12). The Sages interpreted the verse homiletically: If the sinner is an Israelite, he will not have among his descendants one who is sharp and awake among the Sages, or even one among their disciples who can answer questions. And if he is a priest, he will not have a son who will present a meal-offering. If Pinehas had sons and grandsons serving as priests, conclude from it that Pinehas did not sin. The Gemara asks: However, isn’t it written: “And how they lay [yishkevun] with the women.” The verb yishkevun is in the plural, indicating that both sons were guilty. The Gemara answers: It is written without a vav so that it can be read as yishkeven in the singular, i.e., how he lay, indicating that only one of them sinned. The Gemara asks further: Isn’t it written that Eli said: “No, my sons [banai]; for it is not a good report that I hear; you make the Lord’s people to transgress” (I Samuel 2:24). The fact that Eli referred to his sons in the plural indicates that they both sinned. Rav Naḥman bar Yitzḥak said: It is written in a manner that can be read as my son [beni] in the singular. The Gemara raises another question: Isn’t it written: “You make the Lord’s people to transgress [ma’avirim] in the plural, indicating that both sons were guilty. Rav Huna, son of Rav Yehoshua, said: Here too, the word is written without a yod so that it can be read as: You cause the Lord’s people to transgress [ma’aviram] in the singular, indicating that only one of them sinned. The Gemara raises one last challenge: Isn’t it written: “Now the sons of Eli were scoundrels; they knew not the Lord” (I Samuel 2:12), indicating that they were both sinners. The Gemara answers: Since Pinehas should have protested Hophni’s conduct, but he did not protest, the verse ascribes to him liability as if he too had sinned. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that the sons of Samuel sinned is nothing other than mistaken, as it is stated: “And it came to pass, when Samuel was old that he made his sons judges over Israel…And his sons walked not in his ways but sought after unjust gain, and took bribes, and perverted justice” (I Samuel 8:1–3). By inference: In his ways they did not walk, however, they did not sin either. They were not the equals of their father, but they were not sinners. However, how then do I establish the meaning of the verse: “And they sought after unjust gain,” indicating that they were sinners? It means that they did not conduct themselves in accordance with the actions of their father. As Samuel the righteous would travel to all places where the people of Israel were located and sit in judgment in their towns, as it is stated: “And he went from year to year in circuit from Beth-El, and Gilgal, and Mitzpa, and judged Israel in all those places” (I Samuel 7:16). And, however, they did not do so and travel from place to place. Rather, they sat in their own cities in order to enhance the fees collected by their attendants and scribes. Therefore, the verse ascribes to them liability as if they sinned by seeking ill-gotten gains and bribes. The Gemara notes that this matter is parallel to a dispute between tanna’im. As it was taught in a baraita that the verse states: “And they sought after unjust gain.” Rabbi Meir says: This means that they vocally demanded their portions of the tithe due them as Levites, abusing their position to the detriment of other Levites. Rabbi Yehuda says: They imposed upon local homeowners to sell their merchandise and support them. Rabbi Akiva says: They took an extra basket of tithes, beyond that which was their due, by force. Rabbi Yosei says: They took only the gifts due them; however, they took them by force. They acted improperly, as a Levite is required to wait until he is given his gifts and may not take them. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that David sinned with Bathsheba is nothing other than mistaken, as it is stated: “And David succeeded in all his ways; and the Lord was with him” (I Samuel 18:14). Is it possible that sin came to his hand and nevertheless the Divine Presence was with him? However, how then do I establish the meaning of the rebuke of the prophet Nathan: “Why have you despised the word of the Lord, to do that which is evil in My sight? Uriah the Hittite you have smitten with the sword, and his wife you have taken to be your wife, and him you have slain with the sword of the children of Ammon” (II Samuel 12:9), indicating that David sinned? The Gemara answers: David sought to do evil and have relations with Bathsheba while she was still married to Uriah but did not do so. Rav said: Rabbi Yehuda HaNasi, who descends from the house of David, seeks to teach the verse in favor of David. With regard to that which is written: “Why have you despised the commandment of the Lord to do evil,” Rabbi Yehuda HaNasi said: This evil mentioned with regard to David is different from all other evils in the Torah; as with regard to all other evils in the Torah, it is written: And he did evil, and here it is written: To do evil. This unique phrase indicates that David sought to do evil but did not actually do so. His intentions were improper; however, his actions were proper. That which is written: “Uriah the Hittite you have smitten with the sword,” means that you could have judged him before the Sanhedrin as one guilty of treason against the throne, and you did not judge him in that manner. Instead, you had him executed in a manner that deviated from the generally accepted principles of judgment. With regard to that which is written: “And his wife you have taken to be your wife”; it means that you have rights of marriage with her, as by law Bathsheba was already divorced from Uriah. As Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who goes to a war waged by the royal house of David writes a conditional bill of divorce to his wife. That was done to prevent a situation in which the soldier’s wife would be unable to remarry because the soldier did not return from battle and there were no witnesses to his fate. The conditional bill of divorce accorded her the status of a divorcee and freed her to remarry. As it is stated: “And carry these ten cheeses to the captain of their thousand, and to your brothers bring greetings and take their pledge [arubatam]” (I Samuel 17:18). What is the meaning of arubatam? Rav Yosef taught: It refers to matters that are shared [hame’oravim] between him, the husband, and her, the wife, i.e., marriage. The verse should be read: Take the bill of divorce that determines the status of the relationship between husband and wife. As, apparently, it was customary for men at war to send their wives a conditional divorce, since Uriah later died, Bathsheba retroactively assumed divorced status from the time that he set out to war. She was not forbidden to David. With regard to that which is written: “And him you have slain with the sword of the children of Ammon,” it means: Just as you are not punished for soldiers killed by the sword of the children of Ammon in the course of the war, so too you are not punished for the death of Uriah the Hittite. What is the reason that David was not liable for the death of Uriah? Because Uriah was a traitor against the throne. As he said to David: “And my lord Joab and the servants of my lord are encamped in the open fields” (II Samuel 11:11). In the presence of the king, one may not refer to another as his lord. Doing so is treason. Rav said: When you analyze the matter of David, no sin that he committed is found in his lifetime, except for that involving Uriah. As it is written: “Because David did that which was right in the eyes of the Lord, and turned not aside from any thing that He commanded him all the days of his life, save only in the matter of Uriah the Hittite” (I Kings 15:5). Abaye the Elder raised a contradiction between one statement of Rav and another statement of Rav: Did Rav actually say this? Didn’t Rav say: David accepted a slanderous report? Just as it is prohibited to relate a slanderous report, it is similarly prohibited to accept it. This contradiction remains unresolved, and it is difficult. The Gemara now examines the matter itself with regard to Rav’s statement cited in the course of the previous discussion. Rav said: David accepted a slanderous report, as it is written with regard to David’s search for a surviving son of Jonathan: “And the king said to him, to Ziba, Saul’s slave: Where is he? And Ziba said to the king: Behold, he is in the house of Machir, the son of Ammiel, in Lo-Devar [belo devar]” (II Samuel 9:4). Ziba indicated to David that Jonathan’s son was inconsequential, lacking any matter [lo devar] of Torah. And it is written: “Then King David sent, and fetched him out of the house of Machir, the son of Ammiel, from Lo-Devar [milo devar]” (II Samuel 9:5). That verse can be read that after sending for him, David found him filled with matters [melo devar] of Torah. Now, after David saw that Ziba was a liar, when Ziba once again slandered Jonathan’s son, Mephibosheth, why did David accept his report? As it is written that when David fled from Absalom, he met Ziba: “And the king said: And where is your master’s son? And Ziba said to the king: Behold, he is staying in Jerusalem, as he said: Today shall the house of Israel restore to me the kingdom of my father” (II Samuel 16:3). And from where do we derive that David accepted Ziba’s slanderous report? As it is written: “Then said the king to Ziba: Behold, all that belongs to Mephibosheth is yours. And Ziba said: I humbly beseech you that I may find favor in your sight, my lord, O king” (II Samuel 16:4). And Shmuel said: David did not accept Ziba’s slanderous report without substantiation. Rather, he himself saw conspicuous matters in Mephibosheth that indicated that Ziba was right. As it is written: “And Mephibosheth, the son of Saul, came down to meet the king, and he had neither dressed his feet, nor trimmed his beard, nor washed his clothes from the day the king departed until the day he came back in peace” (II Samuel 19:25). David thought that he was mourning the fact that he had returned in peace. And it is written: “And it came to pass, when he came to Jerusalem to meet the king, and the king said to him: Why did you not go with me, Mephibosheth? And he answered: My lord, O king, my servant deceived me; for your servant said: I will saddle me a donkey, and I will ride on it, and go to the king; because lame is your servant. And he slandered your servant to my lord the king; but my lord the king is like an angel of God: Do therefore what is good in your eyes” (II Samuel 19:26–28). “And the king said to him: Why do you speak any more of your matters? I have said: You and Ziba shall divide the estate. And Mephibosheth said to the king: Let him even take all, seeing that my lord the king is come back in peace to his own house” (II Samuel 19:30–31). Mephibosheth said to David as follows: I had hoped for your return, saying: When will he come in peace, and yet you do this to me, giving Ziba half of my estate? It is not against you that I have grievances, but against He who brought you back in peace. Mephibosheth’s own statement substantiates Ziba’s report about him. This is what is written: “And the son of Jonathan was Meriv-Baal” (I Chronicles 8:34). The Gemara asks: And was Meriv-Baal his name? Wasn’t his name Mephibosheth? However, since he entered into a quarrel [meriva] with his Master [ba’al], i.e., God, and complained about God having saved David, a Divine Voice emerged and said to him: Quarrelsome one, the son of a quarrelsome one; you are just like your father, Saul. The Gemara explains: Quarrelsome one; that which we just said that Mephibosheth complained to God about His salvation of David. The son of a quarrelsome one; as it is written: “And Saul came to a city of Amalek and quarreled in the valley” (I Samuel 15:5). And Rabbi Mani said: Saul quarreled with God with regard to matters of the valley, saying: For the murder of even a single person, there is a commandment to break the neck of a heifer in a valley to atone for the crime (see Deuteronomy 21:1–9); why then must all these Amalekites be killed? To the matter at hand: Rav Yehuda said that Rav said: When David said to Mephibosheth: You and Ziba shall divide the estate, a Divine Voice emerged and said to him: Rehoboam and Jeroboam shall divide the kingdom. Rav Yehuda said that Rav said: Had David not accepted Ziba’s slanderous report about Mephibosheth, the kingdom of the house of David would not have been divided, Israel would not have worshipped idols because of Jeroboam, and we would not have been exiled from our land. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that King Solomon sinned is nothing other than mistaken, as it is stated: “And his heart was not perfect with the Lord his God, as was the heart of David, his father” (I Kings 11:4). By inference: Solomon’s heart was not equal to the heart of David, his father; however, he also did not sin. However, how then do I establish the meaning of the verse: “For it came to pass, when Solomon was old, that his wives turned away his heart after other gods” (I Kings 11:4)? That verse is in accordance with the statement of Rabbi Natan; as Rabbi Natan raised a contradiction between the two parts of the verse. On the one hand, it is written: “For it came to pass, when Solomon was old, that his wives turned away his heart after other gods.” On the other hand, isn’t it written: “And his heart was not perfect with the Lord his God, as was the heart of David his father,” indicating that Solomon’s heart was not equal to the heart of David his father; however, he also did not sin? Rather, the verse says as follows: For it came to pass, when Solomon was old, that his wives turned away his heart, in an attempt to spur him to go after other gods; however, he did not go after them. The Gemara asks: Isn’t it written: “Then did Solomon build [yivne] an altar for Kemosh, the abomination of Moab, in the hill that is before Jerusalem, and for Molech, the abomination of the children of Ammon” (I Kings 11:7), indicating that Solomon did in fact stray after idols? The Gemara answers: This can be understood to mean that Solomon sought to build an altar for idols but did not build it. The Gemara objects: But now if that is the way to understand the future tense verb form yivne, what of another instance where the same form is employed: “Then did Joshua build [yivne] an altar to the Lord God of Israel in Mount Eival” (Joshua 8:30)? There too, would you say that Joshua sought to build an altar but did not build one? Rather, there, in the case of Joshua, it means that he actually built it. Here too, with regard to Solomon, it means that he actually built the altar. Rather, this verse should be understood as it was taught in a baraita that Rabbi Yosei says: The verse states: “And the altars that were before Jerusalem, which were on the right hand of the Mount of Olives, which Solomon the king of Israel had built for Ashtoret the abomination of the Zidonim, and for Kemosh the abomination of Moab, and for Milkom the abomination of the children of Ammon, did the king defile” (II Kings 23:13). All these were destroyed by Josiah. The Gemara asks: Is it possible that the righteous king Asa came and did not destroy them, and the righteous king Jehosaphat came and did not destroy them until Josiah came and destroyed them? Didn’t Asa and Jehosaphat destroy all the idolatry in Eretz Yisrael? Rather, the verse juxtaposes the earlier ones, i.e., Solomon, to the later ones, i.e., Josiah. Just as the later ones, Josiah, did not effect the destruction of the altars, as it was done by his predecessors, and nevertheless the verse attributes it to him to praise him as if he had destroyed all those altars, so too, the earlier ones, Solomon, did not effect the construction, and nevertheless the verse attributes it to him to disgrace him as he did not prevent their construction. The Gemara raises another question. Isn’t it written: “And Solomon did evil in the sight of the Lord” (I Kings 11:6), clearly indicating that Solomon sinned? Rather, since he should have protested against the conduct of his wives, i.e., their involvement in idolatry, but he did not protest, the verse ascribes to him liability as if he had sinned. Rav Yehuda said that Shmuel said: It would have been preferable for that righteous man, Solomon, to be a servant tasked with drawing water and hewing wood for another matter, i.e., idolatry, and not have the verse write about him: “And he did evil in the sight of the Lord,” even though he did not. Rav Yehuda said that Shmuel said: When Solomon married Pharaoh’s daughter, she brought to him a thousand musical instruments and said to him: This is the way we do it for this idolatry, and this is the way we do it for that idolatry, and he did not protest that talk. Rav Yehuda said that Shmuel said: When Solomon married Pharaoh’s daughter, the angel Gabriel descended from heaven and implanted a reed into the sea, and a sandbar grew around it, growing larger each year, and upon it the great city of Rome was built, which became God’s instrument to punish Israel. It was taught in a baraita: On that very day that Jeroboam introduced two golden calves, one in Beth-El and the other in Dan, a single small hut was constructed, which was the first house constructed there. And that was the inauguration of Italy of Greece. Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Anyone who says that Josiah sinned is nothing other than mistaken, as it is stated: “And he did that which was right in the sight of the Lord, and walked in all the way of David his father, and turned not aside to the right hand nor to the left” (II Kings 22:2). However, how then do I establish the meaning of the verse: “And like him was there no king before him that returned to the Lord with all his heart, and with all his soul, and with all his might, according to all the Torah of Moses; neither after him arose there any like him” (II Kings 23:25)? The verse states: Josiah returned to the Lord. Apparently, in his early days he was a sinner, and later he returned to God. The Gemara answers: The reference here is not to repentance for actual sins that Josiah committed. Rather, in every judgment that he issued from the age of eight, when he was crowned, until the age of eighteen, he returned the money to the parties whom he judged liable, due to concern that in his youth he may not have judged the cases correctly. And lest you say that he took from this one, whom he exonerated, and gave to that one, whom he found culpable, therefore the verse states: Returned to the Lord with all his might [me’odo], i.e., with all his money. It means that he gave those he judged liable in his youth from his own money. The Gemara notes that Rabbi Yonatan disagrees with Rav, as Rav said: There is no greater penitent than Josiah in his generation, and there is one in our generation. The Gemara asks: And who is the great penitent in Rav’s generation? The Gemara answers: He is Abba, father of Rabbi Yirmeya bar Abba, and some say it is Aḥa, brother of Abba, father of Rabbi Yirmeya bar Abba, as the Master said: Rabbi Abba and Aḥa were brothers. Rav Yosef said: And there is another great penitent in our generation. And who is he? He is Okvan, son of Neḥemya the Exilarch. And that is the one also known as Natan detzutzita, i.e., from whose head sparks emerged. Rav Yosef said: I was once sitting at the lecture delivered on the Festival [pirka] and I was dozing. And I saw in a dream how an angel stretched out his hands and received Natan detzutzita, demonstrating that his repentance was accepted. The mishna lists items that a woman may or may not carry into, or wear in the public domain on Shabbat. This depends on whether the particular object is considered an ornament, which she may wear, or merely a burden for the woman, which she may not. Even if it is considered an ornament, there is still concern that she might remove it and carry it in her hand in the public domain, which is prohibited by Torah law.

MISHNA: With what items may a woman go out into the public domain on Shabbat and with what items may she not go out? A woman may neither go out with strings of wool, nor with strings of flax, nor with strips of any other materials that a woman braids in the hair of her head. And a woman may not immerse in a ritual bath with them in her hair until she loosens them. When the strings or strips are tight, the water cannot reach her hair unobstructed, invalidating her immersion. And, likewise, a woman may neither go out with the ornament called totefet, nor with sarvitin that are not sewn into her head covering, nor with a kavul into the public domain. And, likewise, a woman may neither go out with a city of gold ornament, nor with a katla ornament, nor with nose rings, nor with a ring that has no seal on it, nor with a needle that is not perforated, which are merely for decorative purposes. And if she unwittingly went out wearing any of these, she is not liable to bring a sin-offering. According to Torah law, a woman is permitted to go out into the public domain wearing ornaments. However, the Sages decreed that a woman may not go out wearing certain ornaments, lest she remove them to show them to another and inadvertently carry them four cubits in the public domain. GEMARA: The Gemara asks: Immersion, who mentioned anything about that? The mishna is dealing with the halakhot of Shabbat, so why did it mention the halakhot of immersion? Rav Naḥman bar Yitzḥak said that Rabba bar Avuh said: When the mishna states the halakha, it employs the style known as: What is the reason. The mention of immersion is an explanation, not a superfluous addition. The mishna should be understood as follows: What is the reason that a woman may neither go out with strings of wool nor with strings of flax? It is because the Sages said that on weekdays she may not immerse with them until she loosens them. And since on weekdays she may not immerse with them until she loosens them, on Shabbat she may not go out with them, lest a situation requiring immersion for the purpose of a mitzva come about, and she untie them, and come to carry them four cubits in the public domain. Rav Kahana raised a dilemma before Rav: With regard to strings made into hollow chains, what is the halakha? Is it permissible for women to go out into the public domain with them on Shabbat or not? It depends on whether they are considered an interposition to immersion. Rav said to him: Woven, you say? With regard to anything woven, the Sages did not issue a decree. Because water reaches the hair unobstructed, there is no need to loosen the hollow chain and there is no concern lest she carry it in the public domain. It was also stated that Rav Huna, son of Rav Yehoshua, said: With regard to anything woven, the Sages did not issue a decree. And some say that Rav Huna, son of Rav Yehoshua, said: I saw that my sisters are not particular about removing them, and they bathe even with woven chains tied in their hair. Apparently, water reaches the hair. Therefore, the chain is not an interposition with regard to immersion. The Gemara asks: What practical difference is there between this version and that version of the resolution of the dilemma? The Gemara explains: There is a practical difference between them in a case where the chains are dirty. According to this version, in which you said: With regard to anything woven, the Sages did not issue a decree, these too are woven. And according to that version, in which you said that it is due to the fact that his sisters were not particular; in this case, since they are dirty, she is particular about them and will certainly remove them when she washes. Therefore, she is required to do so when immersing in a ritual bath as well. We learned in a mishna in tractate Mikvaot: And these are the objects that interpose for a person: Strings of wool, and strings of flax, and the straps that are on the girls’ heads. Rabbi Yehuda says: Strings of wool and strands of hair do not interpose because the water reaches the hair through them. Rav Huna said: And we learned all these, strings of wool and flax, in a case where they are used to tie the hair on the girls’ heads. Rav Yosef strongly objects to this halakha of Rav Huna: To exclude what other places in the body did Rav Huna say this? If you say that it comes to exclude strings tied to the neck, and then, strings made of what material does it exclude? If you say that it comes to exclude strings of wool, now, the mishna stated that soft strings of wool on top of hair, which is relatively hard, interpose and invalidates the immersion. With regard to soft strings on top of the soft flesh of the neck, is it necessary to say that they interpose? Rather, say that Rav Huna’s statement came to exclude strings of flax. A similar difficulty arises: Now the mishna stated that hard strings of wool on top of hair, which is hard, interposes and invalidates the immersion. If so, with regard to hard strings on top of the soft flesh of the neck, is it necessary to say that they interpose? Rather, Rav Yosef said, this is the reason that Rav Huna restricts the concern for interposition to strings tied in her hair and not around her neck: Because a woman does not strangle herself when adorning herself with a string or straps around her neck. Therefore, she never tightens the strings or straps to the extent that water cannot reach the skin. Abaye raised an objection to the explanation of Rav Yosef from a baraita: The girls may go out into the public domain on Shabbat with strings in their ears. Young girls would have their ears pierced, but earrings were not placed in their ears until they were older. Instead, they inserted strings so that the holes would not close. However, they may not go out with straps around their necks. And if you say that the principle: A woman does not strangle herself, is halakhically valid, why may they not go out into the public domain with straps around their necks? They are not tied tight and do not constitute an interposition that invalidates immersion. Ravina said: Here we are dealing with a broad, ornamented strap [katla] hanging around the neck, to which a small bib is attached. A woman does strangle herself with a katla because the strap is broad and tightening it does not cause pain. She tightens it because it pleases her that she will appear fleshy. It was considered beautiful to have flesh protrude from the katla. In the same mishna in tractate Mikvaot, Rabbi Yehuda says: Strings of wool and strands of hair do not interpose and invalidate the immersion because the water reaches through them. Rav Yosef said that Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Yehuda with regard to strands of hair. However, the halakha is not in accordance with his opinion with regard to wool strings. Abaye said to him: By saying that the halakha is in accordance with Rav Yehuda, by inference the Rabbis disagree with regard to strands of hair. However, no opinion stating that strands of hair constitute an interposition is cited in the mishna. And if you say that had we not heard from the first tanna that he is speaking of strands of hair, Rabbi Yehuda would also not have spoken about them. Apparently, the first tanna prohibited strands of hair, and Rabbi Yehuda disagreed with him. Nevertheless, it could be explained otherwise. And, perhaps he prefaced what he was saying to the Rabbis with the phrase: Just as. Just as you agree with me that strands of hair do not interpose, agree with me that strings of wool also do not interpose. The fact that he mentioned strands of hair does not indicate a dispute; on the contrary, it is an attempt to establish a consensus with regard to the halakha. Indeed, it was stated that Rav Naḥman said that Shmuel said: The Rabbis agree with Rabbi Yehuda with regard to strands of hair. This opinion was also taught in a baraita: Strings of wool interpose. Strands of hair do not interpose. Rabbi Yehuda says: Both strings of wool and strands of hair do not interpose. Rav Naḥman bar Yitzḥak said: The language of the mishna is also precise, as we learned in a mishna in our chapter: A woman may go out with strands of hair whether they are from her own hair or whether they are from the hair of another. Whose opinion is expressed in this mishna? If you say that it is the opinion of Rabbi Yehuda, even strings of wool should also have been permitted. Rather, is it not the opinion of the Rabbis; and conclude from it that with regard to strands of hair, they do not disagree? The Gemara determines: Indeed, conclude from it. The mishna said that a woman may not go out with the ornament called a totefet. The Gemara asks: What is a totefet? Rav Yosef said: A packet of spices to ward off the evil eye. Abaye said to him: And let the legal status of this packet be like that of an effective amulet, whose effectiveness is proven, and it should be permitted, as an effective amulet may be moved on Shabbat. Rather, Rav Yehuda said in the name of Abaye: A totefet is an appuzainu, an ornament worn on the forehead. This opinion was also taught in a baraita: A woman may go out with a gilded hairnet worn to hold the hair in place, and with the totefet, and with the sarvitin that are fastened to the hairnet, since a woman would not remove her head covering to show her friend those ornaments. And they said: Which is a totefet and which is sarvitin? Rabbi Abbahu said: Totefet is that which goes around her forehead from ear to ear. Sarvitin are those attached to the net that reach down to her cheeks. Rav Huna said: Poor women make these ornaments from different types of colored materials. Wealthy women make them of silver and of gold. We learned in the mishna that a woman may not go out with a kavul. Rabbi Yannai said: This kavul, I do not know what it is. Is it the seal of a slave, who would have a seal on his clothing identifying him as a slave, about which we learned in our mishna that it is prohibited, but a cap of wool that a woman places on her hair, she may well go out wearing it? Or, perhaps we learned in our mishna that going out with a cap of wool is prohibited and all the more so that going out with the seal of a slave is prohibited. Rabbi Abbahu said: It is reasonable to say in accordance with the one who said that we learned about a cap of wool in the mishna. And this opinion was also taught in a baraita: A woman may go out with a kavul and with an istema to the courtyard on Shabbat. Rabbi Shimon ben Elazar says: She may even go out with the kavul into the public domain. Rabbi Shimon ben Elazar stated a principle: Anything that is worn beneath the hairnet, a woman may go out into the public domain with it, since a woman will not uncover her hair even to show off an ornament while in the public domain. Anything that is worn over the hairnet, like an ornamental hat, a woman may not go out with it. From the context and proximity of the halakha dealing with kavul to the statement of Rabbi Shimon ben Elazar, apparently a kavul is a wool cap worn under the net. Since istema was mentioned in the baraita, the Gemara asks: What is an istema? Rabbi Abbahu said: Istema is a beizyunei. However, Rabbi Abbahu’s explanation employed a term from the Aramaic dialect spoken in Eretz Yisrael, which was not understood in Babylonia. Therefore, they asked there: What is a beizyunei? Abaye said that Rav said: It is a small hat or ribbon used to gather hairs that protrude [kalya paruḥei] from the headdress. The Sages taught in the Tosefta that three things were said with regard to an istema: There is no prohibition of a mixture of diverse kinds, wool and linen, in it. Since it is made of hard felt and not woven together, the prohibition of diverse kinds does not apply to material of that kind. And it does not become impure with the ritual impurity of leprosy. Only woven garments can become impure with leprosy. And women may not go out with it to the public domain on Shabbat. In the name of Rabbi Shimon they said: Also, the rabbinic decree prohibiting adorning brides with bridal crowns to commemorate the destruction of the Temple does not apply to an istema. Earlier, the Gemara cited Rabbi Abbahu’s opinion that the kavul mentioned in the mishna, which one may not wear into the public domain on Shabbat, is a woolen cap. And Shmuel said: It is the seal of a slave that we learned about in the mishna. The Gemara asks: And did Shmuel actually say this? Didn’t Shmuel say: A slave may go out on Shabbat with a seal that is around his neck but not with a seal that is on his clothes? Apparently, Shmuel holds that one may go out into the public domain with a slave’s seal. How, then, could he say that kavul in the mishna, with which one may not go out into the public domain, is referring to the seal of a slave? The Gemara answers: This is not difficult. This, where Shmuel said that one may go out with a slave’s seal on Shabbat, is referring to a case where his master made it for him. The slave will not remove it because he fears his master. Therefore, there is no concern lest he carry it. However, that, where the mishna said that it is prohibited to go out with a kavul, which according to Shmuel is the seal of a slave, is referring to a case where he made it for himself to indicate to all who his master is so that he may enjoy his master’s protection. In that case, since it is dependent solely upon his discretion, there is concern lest he remove the seal and carry it. Therefore, the Sages prohibited going out with it into the public domain. The Gemara asks: In what case did you establish this statement of Shmuel? It is in the case of a seal that his master made for him. If so, why may he not go out with a seal on his clothes? There too, since his master made it for him he will not remove it. The Gemara answers: There the concern is that perhaps the seal will be severed, and the slave will fear his master and fold his cloak and place it on his shoulders so that his master will not see that he has no seal on his clothing. That concern is in accordance with the opinion of Rav Yitzḥak bar Yosef; as Rav Yitzḥak bar Yosef said that Rabbi Yoḥanan said: One who goes out into the public domain with a cloak folded and resting on his shoulders on Shabbat is liable to bring a sin-offering. That is not the manner in which one wears a garment; it is the manner in which one carries a burden. And this is like that which Shmuel said to Rav Ḥinnana bar Sheila: All of the Sages affiliated with the house of the Exilarch may not go out on Shabbat with sealed cloaks [sarbal], i.e., garments with seals on them, except for you, since the people of the Exilarch’s house are not particular with regard to you. The Sages affiliated with the Exilarch were officially considered servants of the house and would wear the seal of the house of the Exilarch. Therefore, it was prohibited for them to go out into the public domain on Shabbat with a cloak bearing the Exilarch’s seal, lest the seal break and, in fear of the Exilarch, they remove the cloak, fold it, place it on their shoulders, and carry it on Shabbat. Only Rav Ḥinnana bar Sheila was permitted to go out with this seal on Shabbat since the people of the Exilarch’s house were not exacting with him. Even if he wore clothing with no seal, they would not consider it an act of insubordination against the Exilarch. The Gemara discusses the matter itself: Shmuel said that a slave may go out with a seal that is around his neck but not with a seal that is on his clothes. That opinion was also taught in a baraita: A slave may go out with a seal that is around his neck but not with a seal that is on his clothes. The Gemara raises a contradiction from another baraita: The slave may neither go out with a seal that is around his neck nor with a seal that is on his clothes on Shabbat, and both this and that cannot become ritually impure. And he may not go out with a bell that is hung around his neck; however, he may go out with a bell that is on his clothes, and both this and that can become ritually impure. And an animal may neither go out with a seal that is around its neck, nor with a seal that is on its clothes, nor with a bell that is on its clothes, nor with a bell that is around its neck since with regard to an animal these are considered burdens not ornaments. Both this, the seal, and that, the bell, cannot become ritually impure because animal ornaments and utensils do not fall into the category of objects that can become ritually impure. Apparently, it is even prohibited for a slave to go out with a seal around his neck, contrary to Shmuel’s opinion. The Gemara answers: Say that this baraita, which permits going out, is referring to a case where his master made him the seal. Since he fears removing it, there is no concern that he will come to carry it. That baraita, which prohibits going out, is referring to a case where he made it for himself and there is concern lest he come to remove it and carry it. The Gemara rejects this resolution: No, both this and that are referring to a case where his master made it for him. The difference can be explained differently. And here, where it was prohibited, it is referring to a seal of metal, and here, where it was permitted, it is a seal of clay. And as Rav Naḥman said that Rabba bar Avuh said: With an object about which his master is particular, one may not go out on Shabbat, lest it become detached from the garment, and fear of his master lead the slave to carry it in his hand. With an object about which his master is not particular, one may go out with it. The Gemara adds: So too, it is reasonable to understand the baraita from the fact that it teaches there: This seal and that seal cannot become ritually impure. Granted, if you say it is referring to a metal seal, it is possible to understand the novel aspect of the baraita as follows: These are the objects that cannot become ritually impure; however, their vessels made of the same material can become ritually impure. However, if you say that we learned with regard to seals of clay, can it be similarly inferred that these seals are the objects that cannot become ritually impure; however, their vessels made of the same material can become ritually impure? Wasn’t it taught in a baraita: Vessels of stone, vessels of dung, and vessels of earth that are not made into earthenware can neither become ritually impure by Torah law nor by rabbinic law? Apparently, even an actual vessel made of clay cannot become ritually impure. Rather, learn from it that this baraita is referring to utensils made of metal. The Gemara concludes: Indeed, conclude from it. In that same baraita the Master said that the slave may not go out with a bell that is around his neck, but he may go out with a bell that is on his clothes. The Gemara asks: With a bell that is around his neck, why may he not go out? It is due to concern lest it be severed and he come to carry it. If so, with a bell on his clothes too, let us be concerned lest it be severed and he come to carry it. The Gemara answers: With what are we dealing here? With a case where the bell is woven into the garment, and it is in accordance with the opinion of Rav Huna, son of Rav Yehoshua, as Rav Huna, son of Rav Yehoshua, said: Anything that is woven into a garment, the Sages did not issue a decree prohibiting going out with it on Shabbat. In the baraita cited earlier, it was taught that the Master said: An animal may neither go out with a seal that is around its neck, nor with a seal that is on its clothes, nor with a bell that is on its clothes, nor with a bell that is around its neck. Both this and that cannot become ritually impure. The Gemara asks: And does a bell of an animal not become ritually impure? The Gemara proceeds to raise a contradiction from that which was taught in another baraita: The bell of an animal can become ritually impure, and the bell of a door is ritually pure. The door itself is not considered a vessel. It is considered part of the house, and therefore its status is like that of the house. The house is attached to the ground, and therefore it cannot become ritually impure. Everything connected to it, including the bell, assumes that status. If one took the bell of a door and converted it into a bell for an animal, it can become ritually impure; however, if one took the bell of an animal and converted it into a bell for a door, even though he attached it to the door and even fastened it with nails, it can still become ritually impure because all utensils descend into their state of ritual impurity by means of thought alone, i.e., as a result of a decision to designate them for a specific purpose through which they will become susceptible to ritual impurity, they receive that status immediately. However, they only ascend from their state of ritual impurity by means of an action that effects physical change to the vessel itself. A change in designation alone is ineffective. This baraita states that an animal bell can become ritually impure, contrary to that which was taught in the previous baraita. The Gemara answers: This is not difficult. This baraita, where it was taught that the bell can become ritually impure, is referring to a case where it has a clapper [inbal]. That baraita, where it was taught that the bell cannot become ritually impure, is referring to a case where it does not have a clapper. The Gemara asks: Whichever way you look at it, this is difficult. If the bell is a vessel, then even though it has no clapper it should be susceptible to ritual impurity. If it is not a vessel, does a clapper render it a vessel? The Gemara answers: Yes, the clapper can determine the bell’s status with regard to ritual impurity, in accordance with that which Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said. As Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: From where is it derived that a metal vessel that produces sound is considered a vessel and can become ritually impure? As it is stated: “Every thing that passes through the fire, you shall make it pass through the fire, and it shall be clean; nevertheless, it shall be purified with the water of sprinkling; and all that does not pass through the fire you shall make to go through water” (Numbers 31:23). And the Sages interpret the verse homiletically: Every thing [davar], even speech [dibbur]; in other words, even an object that makes a sound you shall pass through fire to purify it because it is a vessel. However, the matter can be clarified further. In what case did you establish the baraita; in the case of a bell that does not have a clapper? If so, say the middle clause of that baraita: And he may not go out with a bell that is hung around his neck; however, he may go out with a bell that is on his clothes, and both this and that can become ritually impure. If it is referring to a bell that does not have a clapper, can it become ritually impure? The Gemara raises a contradiction from the Tosefta: One who makes bells for the mortar used to crush spices, and for the cradle, and for mantles of Torah scrolls, and for coverings of small children, if they have a clapper they can become ritually impure, and if they do not have a clapper they are ritually pure and cannot become impure. If after they became ritually impure their clappers were removed, their ritual impurity still remains upon them. Apparently, even with regard to bells used by people, the original existence of a clapper determines whether or not the bell is considered a vessel. The Gemara answers: This applies only to the bells of a small child, since they are placed on him to produce sound. If the bell does not make a sound, it serves no purpose and, consequently, cannot become ritually impure. However, with regard to an adult, the bell is an ornament for him even though it does not have a clapper. It was taught in the Tosefta that the Master said: If their clappers were removed after they became ritually impure, their ritual impurity still remains upon them. The Gemara wonders: For what use are they suited after their clappers are removed? They are essentially broken and should therefore become ritually pure. Abaye said: The reason that their impurity remains is because a common person is able to replace the clapper into the bell. According to Abaye, with regard to any vessel that comes apart, if a common person is capable of reassembling it and it does not require the expertise of a craftsman, it is not considered broken and its ritual impurity is not nullified. Rava raised an objection to this explanation from that which was taught: The connection between the bell and the clapper, this is a connection. Therefore, if they are detached from each other, the bell should be considered broken. And he adds: And if you say that when employing the term connection, it is saying as follows: Even though it is not connected, it has the legal status as if it were connected. Wasn’t it taught in a baraita: The connection between the different parts of scissors made of different parts that are made to come apart and the connection between the blade of a carpenter’s plane, which can be removed from its handle, and its handle are considered a connection with regard to contracting ritual impurity? If one part becomes ritually impure, the other parts become ritually impure as well. The baraita continues: However, they are not considered a connection with regard to the sprinkling of the waters of a purification offering. When waters of purification are sprinkled on these implements in order to purify them from ritual impurity imparted by a corpse (see Numbers 19:17–19), the water must be sprinkled on each part individually. The Gemara asks: Whichever way you look at it, there is a difficulty: If it is considered a connection, they should be considered connected even with regard to sprinkling; and if they are not considered a connection, they should not be so considered even with regard to ritual impurity. And Rabba said: By Torah law, when in use, they are considered a connection, both with regard to ritual impurity and with regard to sprinkling. And when not in use, even if the parts are connected, since they are made to come apart and they are commonly dismantled, they are neither considered a connection with regard to ritual impurity nor with regard to sprinkling. And the Sages issued a decree that they should be considered a connection with regard to ritual impurity even when not in use, due to ritual impurity when in use. If one component becomes ritually impure, the other component becomes ritually impure as well. And, as a further stringency, they issued a decree that they should not be considered a connection with regard to sprinkling even when in use, due to sprinkling when not in use. The waters of purification must be sprinkled on each part individually. Nevertheless, this type of connection with regard to ritual impurity is only relevant when the two parts are actually connected. When the parts are separate, even if they can be reattached easily, the vessel is considered broken. This contradicts Abaye’s explanation. Rather, Rava said: It should be explained differently: It is considered a vessel since a bell without a clapper is suited to strike on earthenware and produce a sound of similar quality to that produced by a clapper. If so, even when the clapper is removed, the bell may still be used for its original purpose. It was also stated that Rabbi Yosei, son of Rabbi Ḥanina, said: It is considered a vessel, since a bell without a clapper is suited to strike on earthenware. Rabbi Yoḥanan said: It is considered a vessel, since it is suited for use to give water to a child to drink. And with regard to the essence of Rabbi Yoḥanan’s statement, the Gemara asks: And does Rabbi Yoḥanan not require that the vessel’s new usage must be of the same type as the original labor in order for it to retain its ritual impurity after it has undergone change? Wasn’t it taught in a baraita: “Every bed on which a zav is lying is ritually impure and every vessel on which he is sitting shall be ritually impure” (Leviticus 15:4). I might have thought, based on this verse, that if one overturned a vessel the size of a se’a and sat on it, or overturned a vessel the size of a half-se’a [tarkav] and sat on it, the vessel would become ritually impure. Therefore, the verse states: On which the zav is sitting, i.e., that which is designated for sitting, excluding that vessel with regard to which one says to the zav: Stand and we will perform our labor with the vessel. In that case, because the vessel is primarily used for purposes other than sitting, it does not become ritually impure even when the zav sits on it. There is a dispute between the amora’im on this matter: Rabbi Elazar says: With regard to ritual impurity imparted by treading [midras], i.e., the halakhot pertaining to a zav or to a menstruating woman who sits or lies down on an object, one states the principle: Stand and we will perform our labor to maintain the purity of the vessel. However, one does not state with regard to one who is ritually impure due to a corpse: Stand and we will perform our labor to maintain the purity of the vessel. In other words, an object that became ritually impure through contact with a corpse and was subsequently broken, since it is possible to use it for some other purpose, it remains a vessel and susceptible to ritual impurity. However, Rabbi Yoḥanan said: Even with regard to one who is ritually impure due to a corpse, one states the principle: Stand and we will perform our labor to maintain the purity of the vessel. According to his opinion, a vessel that is no longer suited for its initial use, even though it serves another purpose, is considered broken. Therefore, the bell, since it is no longer suited for ringing, remains ritually pure according to Rabbi Yoḥanan’s opinion, even though it remains suited for drinking water. The Gemara answers: Reverse the opinions in the first dispute: It was not Rabbi Yoḥanan who gave that reason; it was Rabbi Yosei, son of Rabbi Ḥanina. The Gemara asks: And what did you see that led you to reverse the first? Reverse the opinions of Rabbi Yoḥanan and Rabbi Elazar in the latter dispute, and avoid a contradiction in the statements of Rabbi Yoḥanan in that way. The Gemara answers: That is because we learned elsewhere that Rabbi Yoḥanan requires that the vessel’s new use will be of the same type as the original labor. His opinion here is consistent with his opinion there. As it was taught in a baraita: The shoe of an animal, if it is made of metal, can become ritually impure. The Gemara asks: For what use by people is it suited? Vessels designated for animal use do not become ritually impure unless they have some use for people. Rav said: It is suited for use as a vessel from which one could drink water in war when there are no other available vessels. And Rabbi Ḥanina said: It is suited for use as a vessel from which one could smear oil on his body during a war. And Rabbi Yoḥanan said: When he flees from the battlefield he places it on his foot and runs over thorns and the thistles. Apparently, the only use for the shoe of an animal that would render it capable of becoming ritually impure when used by a person is use of the same type as the original labor. The Gemara asks parenthetically: What is the practical difference between the explanation of Rav and that of Rabbi Ḥanina? The Gemara answers: There is a practical difference between them in a case where the sandal is repulsive and dirty. In Rav’s opinion, since one would not drink water from it, it cannot become ritually impure. According to Rabbi Ḥanina, since one could still use it to spread oil on his body, it can become ritually impure. What is the practical difference between the explanation of Rabbi Yoḥanan and that of Rabbi Ḥanina? There is a practical difference between them in a case where the shoe is heavy. It is suited for spreading oil; it is not suited for one to place on his foot. Therefore, it cannot become ritually impure according to Rabbi Yoḥanan. We learned in the mishna: And neither may a woman go out on Shabbat to the public domain with a city of gold. The Gemara asks: What is the meaning of: With a city of gold? Rabba bar bar Ḥana said that Rabbi Yoḥanan said: Jerusalem of Gold, a gold tiara engraved with a depiction of the city of Jerusalem, like the one that Rabbi Akiva made for his wife. And on this subject, the Sages taught in the Tosefta: A woman may not go out into the public domain on Shabbat with a city of gold ornament. And if she went out with it into the public domain she is liable to bring a sin-offering; that is the statement of Rabbi Meir. And the Rabbis say: She may not go out with it ab initio, and if she went out she is exempt. And Rabbi Eliezer says: A woman may go out with a city of gold ornament ab initio. The Gemara explains: With regard to what principle do they disagree? Rabbi Meir holds that it is considered a burden and not an ornament, and one who carries a burden into the public domain is liable to bring a sin-offering. And the Rabbis hold that it is an ornament. Why, then, did they prohibit going out into the public domain wearing it? They are concerned lest she remove it, and show it to another, and come to carry it in the public domain. And Rabbi Eliezer holds: Whose manner is it to go out with a city of gold ornament? Only an important woman, and in that case there is no concern, as an important woman does not remove ornaments and show them to others. After discussing going out into the public domain on Shabbat with a city of gold ornament, the Gemara discusses other ornaments. There is a dispute among amora’im with regard to a kelila, which is a tiara-like ornament. Rav prohibited going out with it, and Shmuel permitted doing so. The Gemara sets the parameters of the disagreement: With a kelila made of metal, everyone agrees that it is prohibited to go out into the public domain. Where they disagree is in the case of a woven fabric inlaid with metal. One Sage, Rav, holds that in that type of ornament the metal is the primary element, and it is prohibited. And one Sage, Shmuel, holds that the woven fabric is the primary element, and it is consequently permitted. Rav Ashi taught this disagreement with a lenient interpretation, as he said: With a kelila of woven fabric, everyone agrees that it is permitted to go out into the public domain. Where they disagree is in the case of a metal ornament. One Sage, Rav, holds that it is prohibited because there is concern lest she remove it, and show it to another, and come to carry it in the public domain. And one Sage, Shmuel, holds that it is permitted. Whose manner is to go out with a kelila ornament? Only an important woman; and an important woman does not remove ornaments and show them to others. On the same topic, Rav Shmuel bar bar Ḥana said to Rav Yosef who, due to illness, forgot his learning: You explicitly said to us in the name of Rav: With regard to a kelila, it is permitted to go out into the public domain on Shabbat. The Gemara relates that one day they said to Rav: A great, tall man came to Neharde’a and he was limping. And he taught: With a kelila, it is permitted to go out into the public domain on Shabbat. Rav said: Who is a great, tall man who limps? Levi. Conclude from this that Rabbi Afes passed away and Rabbi Ḥanina is sitting at the head of the yeshiva in Eretz Yisrael in his place. And, consequently, Levi had no one before whom to sit and study and he came here. As long as Rabbi Afes headed the yeshiva, Rabbi Ḥanina would sit outside the study hall. Entering the study hall would indicate that he accepted the authority of Rabbi Afes. Rabbi Ḥanina, who was a great man, refused to do so. In deference to Rabbi Ḥanina, Levi would sit with him as a colleague outside the study hall. When Levi arrived from Eretz Yisrael, it was clear that Rabbi Afes must have died. Levi, who considered himself Rabbi Ḥanina’s equal in terms of both scholarship and age, did not want to defer to Rabbi Ḥanina’s authority and decided to go to elsewhere, to Babylonia. The Gemara asks: How did Rav arrive at that particular conclusion? And perhaps Rabbi Ḥanina died and Rabbi Afes remained standing in his position at the head of the yeshiva as he stood previously; and Levi had no one with whom to sit outside the study hall, and that is why he came here? The Gemara answers that that could not be the case for two reasons. First, if it were so, that Rabbi Ḥanina died, Levi would have been subject to the authority of Rabbi Afes. It was only in deference to Rabbi Ḥanina that Levi did not enter the study hall. And furthermore, it could not be that Rabbi Ḥanina died and did not reign as head of the yeshiva, as when Rabbi Yehuda HaNasi died, he said in his dying testament: Ḥanina, son of Rabbi Ḥama, shall sit at the head of the yeshiva. And of the righteous it is written: “You will decree a saying and it will be established for you, and the light will shine on your ways” (Job 22:28). Since the statement that Rabbi Ḥanina will serve at the head of the yeshiva crossed the lips of a righteous person, Rabbi Yehuda HaNasi, it is inconceivable that it would not have been realized. The Gemara returns to the subject of kelila. When Levi taught in Neharde’a that with the kelila ornament, one is permitted to go out into the public domain on Shabbat, twenty-four women wearing the kelila ornament went out into the public domain from all of Neharde’a. When Rabba bar Avuh taught in Meḥoza that the kelila ornament is permitted, eighteen women wearing the kelila ornament went out from one alleyway. Meḥoza was a wealthy mercantile city, and many women there owned precious jewelry. Rav Yehuda said that Rav Shmuel said: With a precious gilded belt [kamra], a woman is permitted to go out into the public domain on Shabbat. Some say that he was referring to a belt made of woven fabric and inlaid with gold. And Rav Safra said: It is permitted just as it is permitted in the case of a gilded cloak. And some say that it is referring to a belt made entirely of metal. And Rav Safra said: It is permitted just as it is permitted to go out into the public domain on Shabbat with the belt of kings made entirely of gold. Ravina said to Rav Ashi: With regard to going out with a gilded belt over another belt [hemyana], what is the halakha? He said to him: Two belts you said; it is certainly uncommon to wear two belts. Therefore, one of them is a burden. Rav Ashi said: This short cloak; if it has short straps with which to tie it, it is permitted to go out with it, and if not, it is prohibited. We learned in the mishna: And a woman may not go out on Shabbat with a katla. The Gemara explains: What is a katla? A type of small bib hung from the neck. The nezamim mentioned in the mishna with which a woman may not go out on Shabbat refer to nose rings, not earrings. We learned in the mishna: Nor with a ring that has no seal on it. By inference: If it does have a seal on it, she is liable to bring a sin-offering. She is only exempt from bringing a sacrifice when she goes out with a ring that does not have a seal on it, which is an ornament; however, a ring with a seal on it, typically used by men for sealing documents, is considered a burden for a woman on Shabbat. Apparently, that ring is not an ornament. The Gemara raises a contradiction from a mishna in tractate Kelim: Women’s ornaments can become ritually impure. And these are women’s ornaments: Bibs; earrings; and rings; and a ring whether it has a seal on it or whether it does not have a seal on it; and nose rings. Apparently, even a ring that has a seal on it is considered a woman’s ornament. And Rabbi Zeira said: This is not difficult. Rather, this ruling in our mishna, which distinguishes between a ring with a seal and a ring without a seal, is in accordance with the opinion of Rabbi Neḥemya; that ruling in the mishna in tractate Kelim, which does not distinguish between rings, is in accordance with the opinion of the Rabbis. As it was taught in a baraita: If the ring were made of metal and its seal was made of coral, it can become ritually impure because the primary component of the ring is metal, a material that can become ritually impure. If the ring were made of coral and its seal of metal, it is ritually pure and cannot become ritually impure. Rabbi Neḥemya deems it ritually impure, as Rabbi Neḥemya would say: With regard to a ring, follow its seal; if the seal were made of material that can become ritually impure, the entire ring can become ritually impure, and if it were made of material that cannot become ritually impure, the entire ring remains pure. The same is true with regard to a yoke of an animal: Follow its rods. Rods are placed in the yoke to fasten it to the animal; the component material of the rods determines whether or not the entire yoke can become ritually impure. With a hanging board, follow its nails, upon which the objects hang. With a ladder, follow its rungs. With a large scale, follow its chains and not its baseplates. And the Rabbis say, with regard to all of these vessels, everything follows the support. The legal status of the object is not determined by the component of the vessel most significant in terms of function. It is determined by the component most significant in terms of structure. Therefore, according to Rabbi Neḥemya there is a distinction, even in the halakhot of Shabbat, between a ring with a seal and a ring without a seal, as in his opinion the seal constitutes the primary function of the ring. However, the Rabbis hold with regard to the halakhot of ritual impurity that the essential part of the ring is the ring itself, not the seal. Therefore, they permit going out into the public domain on Shabbat even with a ring that has a seal. Rava said: This contradiction can be resolved in another manner. The mishna dealing with the halakhot of ritual impurity taught with regard to the two types of rings disjunctively, i.e., referring to different circumstances: A ring that has a seal on it can become ritually impure because it is a man’s ornament; a ring that does not have a seal on it can become ritually impure because it is a woman’s ornament. Rav Naḥman bar Yitzḥak said an additional resolution to the contradiction between the mishnayot: Are you raising a contradiction from the halakhot of ritual impurity to the halakhot of Shabbat? The underlying principles of these areas of halakha are totally different. With regard to ritual impurity, the Torah stated: “All vessels with which labor is done” (Numbers 31:51), and a ring with a seal is a vessel and can therefore become ritually impure. However, with regard to Shabbat, the Torah stated that the prohibition is due to the fact that the object is a burden. Therefore, in a case where there is not a seal on it, it is an ornament and may be worn in the public domain. In a case where there is a seal on it, it is a burden and may not be worn. We also learned in the mishna: Nor with a needle that is not perforated. The Gemara asks: For what use is that type of needle suited? Rav Yosef said: Since a woman gathers her hair and pins it to her hairnet with the unperforated needle. Abaye said to him: And if so, let the needle be like a ritually pure garter and consequently be permitted. There is a type of garter, a strap that ensures that a woman’s stockings will not fall, that cannot become ritually impure. A woman is permitted to go out into the public domain wearing it on Shabbat even if it is ornamented. For reasons of modesty, a woman will certainly not remove her garter or display it in the public domain. Similarly, with regard to the needle, the assumption is that a woman will not loosen her hair in the street. Rather, Rav Adda from the city of Naresh explained before Rav Yosef: Since a woman parts her hair with it. The Gemara asks: On Shabbat, when it is prohibited to comb one’s hair, for what use is this needle suited? Rava said: There is a gold plate on the other end of the needle. On a weekday, she uses it to part her hair. On Shabbat, she inserts the needle into her head covering and lays the gold plate against her forehead for ornamental purposes. MISHNA: A man may not go out on Shabbat with a spiked sandal, as will be explained in the Gemara. And he may not go out with a single sandal when there is no wound on his foot. And he may neither go out with phylacteries, nor with an amulet when it is not from an expert, but rather it was written by someone who has not established a reputation as an expert in writing amulets that are effective for those who carry them. And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms will be explained in the Gemara. And if he went out into the public domain with any of these, he is not liable to bring a sin-offering. GEMARA: The Gemara asks: What is the reason that the Sages prohibited going out with a spiked sandal on Shabbat? Shmuel said: They were those who eluded the decrees of religious persecution, and after one of the wars they were hiding in a cave. And those hiding said: One who seeks to enter the cave may enter, but one who seeks to leave the cave may not leave. One leaving has no way to determine whether or not the enemy is lying in wait outside the cave. Therefore, leaving could reveal the presence of those hiding in the cave. It happened that the sandal of one of them was reversed, the front of the sandal was in the back, and his footprints appeared like the steps of one leaving the cave. They thought that one of them left and feared that their enemies saw him and were now coming upon them to attack. In their panic, they pushed one another and killed one another in greater numbers than their enemies had killed among them. To commemorate this disaster that resulted from a spiked sandal, they prohibited going out into the public domain with it. Rabbi Elai ben Elazar says that the reason for the decree was different. Once they were sitting in a cave and heard the sound of a spiked sandal atop the cave. They thought that their enemies had come upon them. They pushed one another and killed one another in greater numbers than their enemies had killed among them. Rami bar Yeḥezkel said that the reason for the decree was different. They were sitting in a synagogue and they heard the sound of a spiked sandal from behind the synagogue. They thought that their enemies had come upon them. They pushed one another, and killed one another in greater numbers than their enemies had killed among them. To commemorate that disaster which occurred due to a spiked sandal, at that time they said: A person may not go out with a spiked sandal. The Gemara asks: If so, on a weekday it should also be prohibited. The Gemara answers: When this incident occurred, it was on Shabbat. Therefore, they issued the decree prohibiting the spiked sandal specifically in parallel circumstances. The Gemara challenges: If so, on a Festival wearing a spiked sandal should be permitted. Why, then, did we learn in the same mishna: One may send garments as a gift on a Festival, whether they are sewn or whether they are not sewn, because any object fit for any use on a Festival may be sent as a gift. However, one may neither send a spiked sandal nor an unsewn shoe on a Festival, since using them is prohibited. Apparently, one may not wear a spiked sandal on a Festival. The Gemara explains: What is the reason that the Sages prohibited wearing a spiked sandal on Shabbat? It is because there is an assemblage of people. On a Festival too, there is an assemblage of people. The Gemara asks: On a communal fast day, there is an assemblage of people; wearing a spiked sandal should be prohibited then, as well. The Gemara answers: When this incident occurred, it was on a day when there was an assemblage of prohibition, i.e., a day on which performing labor is prohibited. Here, a fast day, is a day when there is an assemblage of permission, a day on which performing labor is permitted, and the two are not comparable. However, extending the scope of commemorative decrees to apply to comparable situations, e.g., from Shabbat to the Festivals, is acceptable. And this is true even according to the opinion of Rabbi Ḥanina ben Akiva, who said in the following case that a decree issued due to a specific set of circumstances is applied only to those specific circumstances. The ashes of the red heifer were once transported across the Jordan River in a boat. A source of ritual impurity was discovered at the bottom of the boat. The Sages sought to issue a decree prohibiting transport of the ashes of the red heifer over any body of water, sea or river, over a bridge, or in a boat. Rabbi Ḥanina ben Akiva said that decrees that are issued due to a specific event apply only to precisely those circumstances. Therefore, he said: They only prohibited transporting the ashes of a red heifer in the Jordan River and in a boat, and like the incident that occurred. However, even according to this approach, which limits restriction, that applies only to the Jordan River and not to other rivers. This is because it is different from other rivers in several respects, e.g., width and depth. However, a Festival and Shabbat are similar to one another, as it was taught in the mishna: The halakhic difference between a Festival and Shabbat is only with regard to preparation of food. Rav Yehuda said that Shmuel said: The Sages taught that a spiked sandal is prohibited only when the nails were placed in the sandal to strengthen its form; however, if they were placed in the sandal for beauty, it is permitted. The Gemara asks: And with how many nails is it considered to be for beauty? Rabbi Yoḥanan said: Five on this sandal and five on that one. And Rabbi Ḥanina said: Seven on this one and seven on that one. Rabbi Yoḥanan said to Rav Shemen bar Abba: I will explain it to you: According to my opinion, when inserting nails for beauty, two are inserted from here, its outer side, one near the toes and one near the heel, and two are inserted from there, its inner side, one near the toes and one near the heel, and one is inserted on its straps; and for Rabbi Ḥanina, three from here, and three from there, and one on its straps. The Gemara raises an objection from a baraita: For an uneven sandal, whose soles are not straight, one makes seven nails on the bottom to straighten it, and it is then permitted for use on Shabbat; that is the statement of Rabbi Natan. And Rabbi Yehuda HaNasi permits straightening the sandal with thirteen nails. The Gemara notes: Granted, according to Rabbi Ḥanina, there is no problem, as he stated his opinion in accordance with the opinion of Rabbi Natan. However, Rabbi Yoḥanan, in accordance with whose opinion did he state his opinion? Neither of the tanna’im agrees with his opinion. The Gemara answers: He stated his opinion in accordance with the opinion of Rabbi Nehorai, as it was taught in a baraita that Rabbi Nehorai says: With five nails inserted into the sole, it is permitted to go out into the public domain on Shabbat; and with seven nails, it is prohibited to go out into the public domain on Shabbat. The Sage, Ifa, said to Rabba bar bar Ḥana: You, who are students of Rabbi Yoḥanan, act in accordance with the opinion of Rabbi Yoḥanan. We will act in accordance with the opinion of Rabbi Ḥanina. Rav Huna raised a dilemma before Rav Ashi: With a sandal that has five nails inserted into the sole, what is the halakha with regard to going out into the public domain? He said to him: Even with seven nails it is permitted. He asked further: With nine, what is the halakha? He said to him: Even with eight it is prohibited. That shoemaker raised a dilemma before Rabbi Ami: If one sewed the sole and attached it to the sandal from within, what is the halakha? May he go out into the public domain after inserting nails into it? Rabbi Ami said to him: It is permitted, and I do not know the reason. Rav Ashi said: And does the Master not know the reason? It is obvious. Since he sewed it from within, it is no longer a sandal, it is a shoe. With regard to a sandal, the Sages issued a decree; with regard to a shoe, the Sages did not issue a decree. Rabbi Abba bar Zavda raised a dilemma before Rabbi Abba bar Avina: If he shaped the nail like tongs [kelavus] by bending a nail with two sharp ends and sticking both ends into the sandal, what is the halakha? May he go out into the public domain with it on Shabbat? He said to him: It is permitted. It was also stated that Rabbi Yosei, son of Rabbi Ḥanina, said: If he shaped it like tongs it is permitted. Rav Sheshet said: If he covered the entire sole in nails, so that contact with the ground will not wear it away, it is permitted to go out with that sandal on Shabbat, since it is no longer the spiked sandal with regard to which they issued a decree. It was taught in the Tosefta in accordance with the opinion of Rav Sheshet: A man may not go out with a spiked sandal, and may not walk with it even from house to house within his courtyard, and may not even walk from bed to bed within his house. However, since the decree was issued with regard to circumstances identical to a specific incident, it only applies to wearing the sandal. Therefore, one may carry the sandal to cover a vessel with it and to support the legs of the bed with it. And Rabbi Elazar, son of Rabbi Shimon, prohibits using it for other purposes as well. If most of its nails fell out, and four or five remain in it, it is permitted to go out with it. And Rabbi Yehuda HaNasi permits going out into the public domain with the sandal, even if up to seven nails remain in it. If he covered it with leather from beneath the wood frame of the sandal and inserted nails into it from above, it is permitted. If he made the nail like a tong, or made one end flat like a platter [tas], or sharpened it like a peg, or covered it entirely with nails so that contact with the ground will not wear it away, it is permitted to go out with it. The Gemara analyzes the Tosefta cited in support of Rav Sheshet’s opinion. This Tosefta itself is difficult, as it is self-contradictory. On the one hand you said: If most of its nails fell out it is permitted; apparently, that is the halakha even though many nails remain in the sole. And, however, subsequently it was taught in the Tosefta, without specifying the number of nails that were there from the outset: With four or five nails, yes, going out is permitted; however, with more nails, no, it is prohibited. Rav Sheshet said: This is not difficult, and it can be resolved as follows: Here, where it was permitted to go out wearing the sandal if the majority of nails fell out, it is referring to a case where they were broken, i.e., the heads of the nails were broken off while most of the nail remained embedded in the sole. In that case, it is clearly evident that most of the nails fell out. Here, where it was permitted only if four or five nails remain, it is referring to a case where they were totally removed and only the nails that remain in the shoe are visible. The Gemara continues its detailed analysis of the Tosefta: It was taught that if most of the nails in the sandal came out and only four or five nails remain, it is permitted to go out wearing it. The Gemara asks: Now, if it was mentioned that when five nails remain, going out is permitted, is it necessary to mention four? Rav Ḥisda said that the Tosefta means: If four nails remain from the nails in a small sandal, and if five nails remain from the nails in a large sandal, going out is permitted. It was taught in the Tosefta: And Rabbi Yehuda HaNasi permits up to seven. The Gemara asks: Wasn’t it taught in a baraita that for a sandal with an uneven sole, Rabbi Yehuda HaNasi permits up to thirteen? The Gemara answers: An uneven sole is different. Since the nails are inserted for the purpose of straightening the sole, it does not have the legal status of a spiked sandal. The Gemara notes: Now that you have arrived at this new explanation that a sandal with an uneven sole has a different legal status, for Rabbi Yoḥanan, who stated, contrary to the opinions of the tanna’im in this baraita, that the number of nails permitted in each sandal is five, this baraita is also not difficult. He could explain that a sandal with an uneven sole is different and requires additional nails. However, in the case of a sandal with an even sole, even the other tanna’im would not permit that many. Rav Mattana said, and some say Rav Aḥadvoi bar Mattana said that Rav Mattana said: The halakha is not in accordance with the opinion of Rabbi Elazar, son of Rabbi Shimon, who completely prohibited moving a spiked sandal. The Gemara asks: That is obvious. Isn’t there a halakhic principle that in a dispute between an individual and the many, the halakha is in accordance with the opinion of the many? The Gemara answers: Lest you say that the rationale for the opinion of Rabbi Elazar, son of Rabbi Shimon, is more reasonable in this case, and therefore the halakha should be ruled in accordance with his opinion. Rav Mattana teaches us that that is not the halakha. Rabbi Ḥiyya said: If not for the fact that they would call me: Babylonian who permits prohibitions, I would permit the insertion of many nails into a spiked sandal. The Gemara asks: And how many nails would he have permitted? In Pumbedita they said: Twenty-four nails. In Sura they said: Twenty-two. Rav Naḥman bar Yitzḥak said: And this is your mnemonic to remember which opinion was stated in Sura and which opinion was stated in Pumbedita: Until Rabbi Ḥiyya came from Pumbedita to Sura he lost two nails from his shoe. Since the route that Rabbi Ḥiyya took from Pumbedita to Eretz Yisrael passed through Sura, one could say: Due to the rigors of the journey, two nails fell from the sandal of Rabbi Ḥiyya between Pumbedita and Sura. It was taught in the mishna: And he may not go out with a single sandal when there is no wound on his foot. By inference: If there is a wound on his foot, he may go out with one sandal. In that case, with a sandal on which of his feet does he go out? Rav Huna said: With a sandal on the foot that has a wound on it. Apparently, he holds: A sandal is made for the purpose of avoiding pain. Typically, a person wears sandals only in order to avoid the pain of walking on stones and the like. When he is seen with only one sandal, it is clear that he is oblivious to that pain and the only reason that he is wearing the sandal is due to the wound on his foot. Consequently, no one will suspect that he went out wearing two sandals and that if he is wearing one, he must be carrying the other one. And Ḥiyya bar Rav said: He goes out with a sandal on the foot that does not have a wound on it. Apparently, he holds that the sandal is made for the purpose of providing comfort, and he wears it on his healthy foot. And it does not arouse suspicion because, with regard to that foot on which there is a wound, its wound indicates that he is unable to wear a sandal on that foot, and it is clear that he left the other sandal at home. The Gemara comments: And Rabbi Yoḥanan also holds that the opinion of Rav Huna, which maintains that one only wears sandals to avoid pain, is correct. As Rabbi Yoḥanan said to Rav Shemen bar Abba, his attendant: Give me my sandal. He gave him the right sandal. He said to him: You have rendered this foot as one with a wound. In Rabbi Yoḥanan’s opinion, one must always put on his left shoe first. One who puts on the right shoe first is no longer permitted to put on the left shoe. By handing him his right sandal, he is forcing Rabbi Yoḥanan to go out with one sandal, leading onlookers to conclude that he has a wound on that foot. That incident corresponds to Rav Huna’s opinion that one wears the sandal on the wounded foot. The Gemara rejects this: And perhaps, he holds in accordance with the opinion of Ḥiyya bar Rav, which maintains that one wears the sandal on the healthy foot, and he is saying as follows: By handing me my right shoe, you have rendered my left foot, on which I have no shoe, as one with a wound. No proof can be cited from that incident, as Rabbi Yoḥanan’s opinion cannot be ascertained from the exchange with his attendant. And Rabbi Yoḥanan follows his regular line of reasoning. As Rabbi Yoḥanan said: Just as one dons phylacteries, so too, one puts on shoes. Just as phylacteries are placed on the left arm, so too, when putting on shoes one begins with the left foot. The Gemara raises an objection to Rabbi Yoḥanan’s opinion from a baraita: When one puts on his shoes, he puts on the right shoe first and afterward puts on the left shoe. Rav Yosef said: Now that it was taught in a baraita in this manner, and Rabbi Yoḥanan stated the halakha in that manner, one who acted this way acted properly, and one who acted that way acted properly, as each custom has a basis. Abaye said to him: Why is the Gemara certain that Rabbi Yoḥanan disagrees with the baraita? Perhaps Rabbi Yoḥanan had not heard this baraita, and had he heard it, he would have retracted his opinion. And even if he heard it, perhaps he heard it and held that the halakha is not in accordance with that mishna. In any case, it is necessary to rule in accordance with one of the opinions. Rav Naḥman bar Yitzḥak said: And one who fears Heaven fulfills both opinions. And who is this God-fearing person? Mar, son of Rabbana. How does he conduct himself? He puts on his right shoe and does not tie the laces. And then he puts on his left shoe and ties it, and then afterward ties the laces of his right shoe. Rav Ashi said: I saw that Rav Kahana was not particular with regard to the order in which he put on his shoes. After citing this excerpt from Hilkhot Derekh Eretz with regard to putting on shoes, the Gemara cites the entire matter. The Sages taught: When one puts on his shoes, he puts on the right shoe first and afterward puts on the left shoe because the right always takes precedence. When he removes them, he removes the left and afterward he removes the right, so that the right shoe will remain on the foot longer. When one washes his feet, he washes the right first and afterward he washes the left. And one who wishes to spread oil on his feet spreads oil on the right first and afterward spreads oil on the left. And one who wishes to spread oil on his entire body, spreads oil on his head first because it is the king of all his other limbs. We learned in the mishna: And he may neither go out with phylacteries. Rav Safra said: Do not say that this halakha is only in accordance with the opinion of the one who said that Shabbat is not an appropriate time to don phylacteries, i.e., it is prohibited to don phylacteries on Shabbat, and that is the reason that one may not go out into the public domain with them. Rather, even according to the one who said that Shabbat is an appropriate time to don phylacteries, he may not go out with them due to the concern lest he come to carry them in his hand in the public domain, which is prohibited by Torah law. And some teach the statement of Rav Safra as referring to the latter clause of the mishna: And if he went out into the public domain with phylacteries he is not liable to bring a sin-offering. Rav Safra said: Do not say that this halakha is only according to the opinion of the one who said that Shabbat is an appropriate time to don phylacteries, and therefore he does not violate a Torah prohibition by going out into the public domain with phylacteries and is not liable to bring a sin-offering. Rather, even according to the opinion of one who said that Shabbat is not an appropriate time to don phylacteries, he is not liable to bring a sin-offering. What is the reason that he is exempt? Donning phylacteries is performed in the manner of wearing a garment or an ornament. Although one may not use phylacteries on Shabbat, there is no Torah prohibition against moving them. We learned in the mishna: Nor with an amulet when it is not from an expert. Rav Pappa said: Do not say that the meaning of the mishna is that one may only go out with an amulet if the person who wrote it is an expert and the amulet has proven effective. Rather, if the person who wrote it is an expert, even though the amulet has not proven effective, he may go out with it. The Gemara comments: The language of the mishna is also precise, as it teaches: Nor with an amulet when it is not from an expert, and it does not teach: When the amulet is not effective. Apparently, it is sufficient if the writer of the amulet is an expert, even if the effectiveness of the amulet has not been proven. The Gemara comments: Indeed, learn from it. The Sages taught in the Tosefta: What is an effective amulet? It is any amulet that healed one person once, and healed him again, and healed him a third time. That is the criterion for an effective amulet, and it applies to both a written amulet and an amulet of herbal roots; both if it has proven effective in healing a sick person who is dangerously ill, and if it has proven effective in healing a sick person who is not dangerously ill. It is permitted to go out with these types of amulets on Shabbat. And an amulet was not only permitted in a case where one has already fallen due to epilepsy and wears the amulet in order to prevent an additional fall. Rather, even if one has never fallen, and he wears the amulet so that he will not contract the illness and fall, he is permitted to go out with it on Shabbat is permitted. And he may tie and untie it even in the public domain, as long as he does not tie it to a bracelet or a ring and go out with it into the public domain. The reason for the prohibition is due to the appearance of transgression, as, in that case, it appears that he is wearing the amulet strictly for ornamental purposes, which is prohibited. With regard to the definition of an effective amulet as one which healed one person three times, the Gemara raises an objection. Wasn’t it taught in a baraita: Which is an effective amulet; any amulet that healed three people as one? The Gemara answers: This is not difficult. This, where it was taught in the baraita that the amulet must have healed three different people, is referring to proving the expertise of the man who wrote it. Once his amulets have proven themselves by healing three different people stricken with different illnesses, clearly the one who wrote them is an expert. That, where it was taught in the Tosefta that even if the amulet healed one person three times, is referring to proving that the amulet is effective in fulfilling its designated purpose. Rav Pappa said: It is obvious to me in a case where three amulets were written for three people and effectively healed each three times that both the man who wrote them is proven an expert and the amulet is proven effective. Likewise, it is obvious to me that in the case of one who writes three amulets for three people and healed each one time, the man is proven to be an expert; however, the amulet is not proven effective. Similarly, if one wrote one amulet for three people and it healed them, the amulet is proven effective, while the man who wrote it is not thereby proven an expert. Rav Pappa raised a dilemma: Three amulets for one person, what is the status of the amulet and the one who wrote it in that case? The amulet is certainly not proven effective; however, with regard to the man who wrote it, is he proven an expert or is he not proven an expert? This is the dilemma: Do we say that the person is an expert since the amulet that he wrote healed the person who was ill? Or, perhaps we say that it was the fortune of that sick man who received the influence of the writing of the amulet, but a different person would not be healed? The Gemara concludes: Let this dilemma stand unresolved. A dilemma was raised before the Sages: Do amulets have an element of sanctity, or perhaps they have no element of sanctity? The Gemara asks: With regard to what halakha is this dilemma relevant? If you say it is relevant with regard to rescuing them from fire on Shabbat, there is a clear resolution to the dilemma. Come and hear what was taught: The blessings and the amulets, even though there are letters of holy names and many matters that are in the Torah written in them, one may not rescue them from the fire, and they burn in their place. Rather, the dilemma is relevant with regard to the matter of interment of sacred documents. Must an amulet no longer in use be buried, or may it be discarded? However, with regard to the matter of interment as well, come and hear a resolution from what was taught: If one of the names of God was written even on the handles of the vessels and even on legs of the bed, he must cut off the name and bury it, as one must be exacting with regard to the name of God, wherever it is written. Rather, the dilemma was raised with regard to whether or not it is permitted to enter the bathroom with them. What is the halakha? Do they have sanctity, and it is therefore prohibited? Or, perhaps they have no sanctity, and it is permitted? Come and hear a resolution from that which we learned in our mishna: Nor with an amulet, when it is not from an expert. By inference: If it is from an expert, he may go out with it. And, if you say that amulets have an element of sanctity, at times he will need to go to the bathroom, will be required to remove the amulets, forget that he removed them, and come to carry them four cubits in the public domain. Since the mishna did not address these complications, apparently amulets do not have an element of sanctity in that regard and one may enter the bathroom with them. The Gemara rejects this: With what we are dealing here? With an amulet made of herbal roots that certainly has no sanctity. The Gemara asks: Wasn’t it taught in a baraita: This is the case with regard to both a written amulet and an amulet of herbal roots, indicating that their halakhot are equal? Rather, with what we are dealing here? With a person who is dangerously ill. Because of the life-threatening situation, he is permitted to enter the bathroom with his amulet, despite the resulting degradation of the Holy Name. Wasn’t it taught in the same baraita that the halakha applies to both a sick person who is dangerously ill and a sick person who is not dangerously ill, indicating that they share the same status in this regard? Rather, since the amulet heals, even though he holds it in his hand, he may well go out with it too. In terms of healing, there is no difference whether the amulet is hanging around his neck or whether it is in his hand; just as they permitted him to wear it around his neck on Shabbat, so too they permitted him to carry it in his hand. But wasn’t it taught in a baraita that Rabbi Oshaya says with regard to an amulet: As long as he does not hold it in his hand and carry it four cubits in the public domain? Apparently, even with regard to an amulet, there is a distinction between wearing it and carrying it. Rather, with what are we dealing here? With an amulet that is covered in leather. Since the writing itself is covered, the name of God is not degraded when the amulet is brought into the bathroom with him. The Gemara objects. There is writing on the scrolls of phylacteries, which is covered in the leather of boxes housing the scrolls, and nevertheless it was taught in a baraita: One who enters a bathroom while wearing phylacteries must remove the phylacteries at a distance of four cubits and only then enter. There is no halakhic difference whether or not the writing is covered. The Gemara rejects this: There, with regard to phylacteries, the prohibition to enter the bathroom is not due to the sacred writing on the scrolls inside the phylacteries. Rather, it is due to the letter shin that protrudes from the leather of the boxes housing the scroll in the phylacteries of the head, as Abaye said: The source of the requirement of the shin of the phylacteries is a halakha transmitted to Moses from Sinai. It is required by Torah law. And, Abaye said: The knot in the shape of the letter dalet in the straps of the phylacteries of the head is a halakha transmitted to Moses from Sinai. And, Abaye said: The letter yod of the phylacteries is a halakha transmitted to Moses from Sinai. It is due to those letters that one must safeguard the sanctity of the phylacteries and refrain from taking them into the bathroom. We learned in the mishna: And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms were not understood, and therefore the Gemara explains them: Shiryon is a coat of mail [zerada], armor made of scales. Kasda: Rav said that it is a leather hat [sanvarta] worn under a metal helmet. Maggafayim: Rav said they are leg armor worn beneath the knee. MISHNA: A woman may neither go out to the public domain with a perforated needle, i.e., a standard needle with an eye, nor with a ring that has a seal on it, nor with a kulyar, nor with a kovelet, the identity of which will be discussed in the Gemara, nor with a flask of balsam oil. And if she did go out into the public domain, she is liable to bring a sin-offering; this is the statement of Rabbi Meir, who holds that in doing so she violated the Torah prohibition of carrying a burden in the public domain on Shabbat. And the Rabbis exempt one who goes out on Shabbat with a kovelet and with a flask of balsam oil. In their opinion, these are ornaments, and therefore they do not fundamentally violate the Torah prohibition of carrying in the public domain on Shabbat. GEMARA: With regard to that which we learned in the mishna that a woman may not go out on Shabbat with a ring that has a seal, and by inference that she may go out with a ring without a seal, Ulla said: And the reverse of these halakhot is true with regard to a man. A man who wears a ring with a seal in the public domain is exempt. However, if he wears a ring without a seal, he is liable to bring a sin-offering as it is not considered an ornament for a man. Based on that statement, the Gemara concludes: Apparently, Ulla holds that every object that is suitable for a man is not suitable for a woman, and an object that is suitable for a woman is not suitable for a man. Rav Yosef raised an objection from the Tosefta: Shepherds may go out on Shabbat in garments made of sacks. And not with regard to the shepherds alone did the Sages say that they are permitted to go out in sacks on Shabbat; rather, any person may do so. However, the Sages taught the halakha with regard to shepherds because it is the standard practice of shepherds to go out in sacks. Apparently, although a sack is not a typical garment for most people, it is permitted even for one who is not a shepherd and would not generally wear it. Based on the same principle, although men do not generally wear women’s ornaments and women do not generally wear men’s ornaments, since occasionally a man might wear an ornament belonging to a woman or vice versa, each should be permitted to go out into the public domain with the ornament of the other. Rather, Rav Yosef said: Ulla holds that women are a people unto themselves. The difference between the standard practice of men and women is greater than the difference between the standard practice of practitioners of different professions. Abaye raised an objection to Rav Yosef’s statement from the Tosefta: One who finds phylacteries outside of the city on Shabbat should don them and bring them into the city one pair at a time. This applies to both a man and a woman. And if you say that women are a people unto themselves, isn’t the mitzva to don phylacteries a time-bound, positive mitzva, as there are times when the mitzva to don phylacteries is not in effect? And the following is a halakhic principle: Women are exempt from every time-bound, positive mitzva. If, in fact, the clothing and ornaments of a man are not suitable for a woman under any circumstances, why is a woman permitted to don the phylacteries and bring them into the city on Shabbat? Shouldn’t that be considered a prohibited act of carrying? The Gemara answers: There, with regard to phylacteries, Rabbi Meir holds that night is an appropriate time to don phylacteries, and Shabbat and Festivals are similarly an appropriate time to don phylacteries. Consequently, the mitzva of phylacteries is a positive mitzva that is not time bound; and in every positive mitzva that is not time bound, women are obligated. Therefore, women are permitted to don the phylacteries and bring them into the city. With regard to Rabbi Meir’s ruling in the mishna that a woman is liable by Torah law if she goes out into the public domain wearing a ring with a seal, the Gemara asks: Isn’t it considered carrying out in a backhanded manner? A ring with a seal is not an ornament for a woman; it is an object like any other. One typically carries objects holding them in his hand. Wearing an object around one’s finger is atypical. There is no Torah prohibition violated when a labor is performed in an atypical manner. Rabbi Yirmeya said that we are dealing in the mishna with a woman who is a treasurer for charity. A woman with that occupation typically wears a ring with a seal on her finger in order to perform her job. She does not, though, wear it as an ornament. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: You answered and explained why, in the case of a woman, she would be liable to bring a sin-offering. However, in the case of a man who wore a ring without a seal, what is there to say? Why should he be liable? Rather, Rava said that there is a different reason: Sometimes a person gives his wife a ring that has a seal on it to take it to his house and place it in a box for safekeeping, and, in order to ensure that she does not lose the ring, the woman places it in on her hand, i.e., on her finger, until she reaches the box. And, likewise, sometimes a woman gives her husband a ring that does not have a seal on it to take it to a craftsman to repair it, and the husband places it on his hand, i.e., on his finger, until he reaches the craftsman. The purpose of wearing these rings is not for ornamentation. Nevertheless, it is considered a typical manner of carrying them. We learned in the mishna: Nor with a kulyar, nor with a kovelet. The Gemara asks: What is a kulyar? Rav said: A brooch with which a woman fastens the collar of her garment. Kovelet: Rav said that it is a bundle of fragrant herbs [pilon]. And, similarly, Rav Asi said: A bundle of fragrant herbs. The Sages taught in a baraita: A woman may not go out on Shabbat with a bundle of fragrant herbs, and if she did go out she is liable to bring a sin-offering, as she violated a Torah prohibition; this is the statement of Rabbi Meir. And the Rabbis say: She may not go out ab initio; however, if she went out, she is exempt. Rabbi Eliezer says: A woman may go out with a bundle of fragrant herbs even ab initio. The Gemara asks: With regard to what principle do they disagree? Rabbi Meir holds that it is a burden. Therefore, one who takes it out into the public domain on Shabbat is liable to bring a sin-offering. And the Rabbis hold that it is an ornament. Nevertheless, they prohibited going out with it ab initio due to concern lest she remove the bundle of herbs from its place, and show it to others, and come to carry it in the public domain. And Rabbi Eliezer holds: Whose practice is it to place fragrant herbs on herself? A woman whose odor is foul. But a woman whose odor is foul does not remove and show the bundle to others because, by doing so, her odor will be detected, a situation that she would prefer to avoid. And, therefore she will not come to carry it four cubits in the public domain. This baraita cites the opinion of Rabbi Eliezer, who permits, even ab initio, going out into the public domain with a bundle of herbs. The Gemara asks: Wasn’t it taught in another baraita: Rabbi Eliezer exempts a woman who goes out on Shabbat with a bundle of herbs and with a flask of balsam oil? With regard to the halakhot of Shabbat, exempt means that although it is not prohibited by Torah law, it is prohibited ab initio by rabbinic law. The Gemara answers: This is not difficult. When Rabbi Eliezer made this statement, it was when he was addressing the statement of Rabbi Meir. When Rabbi Eliezer made that statement, it was when he was addressing the statement of the Rabbis. To clarify: When he was addressing the statement of Rabbi Meir, who said that she is liable to bring a sin-offering, he said to him that she is exempt from bringing the sacrifice. When he was addressing the statement of the Rabbis, who said that she is exempt but it is prohibited ab initio, he said that it is permitted even ab initio. And to what statement of Rabbi Meir is the Gemara referring? As it was taught in a baraita: A woman may not go out on Shabbat with a key that is in her hand, and if she went out she is liable to bring a sin-offering; this is the statement of Rabbi Meir. Rabbi Eliezer exempts a woman who goes out with a bundle of fragrant herbs and with a flask of balsam oil [palyaton]. The Gemara finds the statement of Rabbi Eliezer difficult: A bundle of fragrant herbs; who mentioned anything about that? Rabbi Meir did not mention a bundle of herbs; why did Rabbi Eliezer mention it in his response? The Gemara answers that the baraita is incomplete and it teaches the following: And likewise, with a bundle of fragrant herbs, and likewise with a flask of balsam oil she may not go out, and if she went out she is liable to bring a sin-offering; this is the statement of Rabbi Meir. Rabbi Eliezer exempts in the cases of a bundle of fragrant herbs and a flask of balsam oil. In what case is this statement said? In a case where the vessels have perfume in them; however, in a case where they do not have perfume in them, she is liable for carrying the flask out into the public domain on Shabbat. Rav Adda bar Ahava said: That is to say that one who carries out a measure of food that is less than the measure that determines liability on Shabbat, but he does so in a vessel, he is liable. Although he is not liable for carrying the food out into the public domain, he is liable for carrying out the vessel. In that case, the vessel is not subordinate to the food, and therefore it is significant. Since the case of the flask in which there is no perfume is comparable to the case in which there is less than the required measurement of food in a vessel, and it was taught in the case of the flask that she is liable even though the fragrance of the perfume remains in the vessel, it stands to reason that one who carries a vessel containing less than a measure of food is also liable. Rav Ashi said: That is no proof because, in general, I would say to you that he is exempt in a case where there is less than the measure that determines liability for food. However, it is different here, in the case of the empty flask of perfume as, in that case, there is no substance at all. Because the vessel is completely empty, he is liable for carrying the flask. Related to the mention of perfume, the Gemara cites several statements. It is stated: “That drink wine in mizrekei, and anoint themselves with the chief ointments; but they are not grieved for the hurt of Joseph” (Amos 6:6). Rav Yehuda said that Shmuel said: “The chief ointments” is balsam oil. Rav Yosef raised an objection from the Tosefta: Rabbi Yehuda ben Bava issued a decree on balsam oil as well, prohibiting its use due to mourning over the destruction of the Temple, and the Sages did not agree with him. And if you say that balsam oil is the chief ointment cited in the verse, and the decree was issued due to the pleasure it provides, why didn’t the Sages agree with his decree? Doesn’t the verse criticize those who do not feel the pain of the people? Abaye said to him: And according to your reasoning, that which is written in the same verse: “That drink wine in mizrekei”; Rabbi Ami and Rabbi Asi disagree over the meaning of the term mizrekei. One said: They are multi-spouted vessels [kenishkanin], wine vessels with spouts from which several people can drink at one time, and one said that they throw [mezarkin] their cups to one another in joy and jest. Is that also prohibited? Didn’t Rabba bar Rav Huna visit the house of the Exilarch and see the Exilarch drink from a multi-spouted vessel, and Rabba bar Rav Huna did not say anything to him? Rather, the principle is as follows: With regard to any matter in which there is an element of pleasure and in which there is an element of joy, the Sages issued a decree prohibiting it due to mourning over the destruction of the Temple. However, with regard to a matter in which there is an element of pleasure and in which there is no element of joy, the Sages did not issue a decree. Since there is no element of joy in balsam oil, even though it is precious and pleasurable, they did not issue a decree prohibiting it. The Gemara interprets additional verses related to the critique of the leadership of Samaria. It is stated: “That lie upon beds of ivory and stretch [seruḥim] upon their couches and eat the lambs out of the flock and the calves out of the midst of the stall” (Amos 6:4). Rabbi Yosei, son of Rabbi Ḥanina, said: This term, seruḥim, interpreted homiletically, teaches that their sin was that they would urinate before their beds while naked. Rabbi Abbahu ridiculed that interpretation: If so, that this is the meaning of the term seruḥim, is this the meaning of that which is written: “Therefore now they shall go into exile at the head of the exiles and the revelry of those seruḥim shall pass away” (Amos 6:7), because they urinate before their beds while naked they will be exiled at the head of exiles? Although doing so is revolting, a punishment so severe is certainly excessive. Rather, Rabbi Abbahu said: This verse is referring to a grave sin. These are people who would eat and drink with each other, and join their beds to each other, and swap wives with each other, and defile their beds with semen that was not theirs. That is the meaning of seruḥim upon their couches. For those severe transgressions they deserved to be exiled at the head of exiles. On a related note, Rabbi Abbahu said, and some say it was taught in a baraita: Three matters bring a person to a state of poverty as a divine punishment from Heaven: One who urinates before his bed while naked, and one who demeans the ritual washing of the hands, and one whose wife curses him in his presence. The Gemara explains: With regard to one who urinates before his bed while naked, Rava said: We only said this prohibition in a case where he turns his face toward his bed and urinates toward it; however, if he turns his face and urinates toward the outer portion of the room, we have no problem with it. And where one turns his face toward his bed, too, we only said this prohibition in a case where he urinates on the ground; however, if he urinates into a vessel, we have no problem with it since that is not considered disgusting. With regard to one who demeans the ritual washing of the hands, Rava said: We only said this statement in a case where he does not wash his hands at all; however, if he washes his hands and does not wash them with a significant amount of water, we have no problem with it. The Gemara notes: And that is not so, as Rav Ḥisda said: I wash my hands with handfuls of water and they gave me in reward handfuls of prosperity. Apparently, in order to garner the benefits of ritual washing of his hands, one should use a significant amount of water. With regard to one whose wife curses him in his presence, Rava said: This is referring to a case where she curses him over matters relating to her ornaments, i.e., she complains that he does not provide her with jewelry. The Gemara comments: And that applies only when he has the resources to buy her jewelry but does not do so; however, if he does not have sufficient resources he need not be concerned. Since the Gemara spoke of sins in the First Temple era, it continues to explain other verses with similar content. Rava, son of Rav Ilai, interpreted the following verse homiletically. What is the meaning of that which is written: “The Lord says because the daughters of Zion are haughty and walk with outstretched necks and wanton eyes, walking and mincing as they go and making a tinkling with their feet” (Isaiah 3:16)?
“Because the daughters of Zion are haughty,” indicates that they would walk with upright stature and carry themselves in an immodest way.
“And walk with outstretched necks,” indicates that they would walk in small steps, heel to toe, so onlookers would notice them.
“Wanton eyes,” indicates that they would fill their eyes with blue eye shadow and beckon.
“Walking and mincing [tafof] as they go,” indicates that the wealthy women would walk a tall woman alongside a short one so that the tall woman would stand out. This is derived from the interchangeability of the letters tet and tzadi; tzafo, meaning, in this case, to be seen.
“Making a tinkling [te’akasna] with their feet,” Rabbi Yitzḥak from the school of Rabbi Ami said: This teaches that they would place myrrh and balsam in their shoes and would walk in the marketplaces of Jerusalem. And once they approached a place where the young men of Israel were congregated, they would stamp their feet on the ground and splash the perfume toward them and instill the evil inclination into them like venom of a viper [ke’eres bakhos]. What was their punishment for these sins? As Rabba bar Ulla taught: “And it shall come to pass that instead of a sweet smell, there shall be a stench; and instead of a belt, a rope; and instead of well-set hair, baldness; and instead of a fine dress, a girding of sackcloth; instead of beauty, a brand” (Isaiah 3:24).
He explains: “And it shall come to pass that instead of a sweet smell there shall be a stench,” indicates that the place that they would perfume became decaying sores.
“And instead of a sash, a rope [nikpe],” indicates that the place where they were girded with a sash became covered with many bruises [nekafim].
“And instead of well-set hair, baldness,” indicates that the place where they would style their hair became bald spots.
“And instead of a fine dress [petigil], a girding of sackcloth,” indicates that the orifices [petaḥim] that lead to pleasure [gil] will become a place for a girding of sackcloth.
“Instead of beauty, a brand [ki],” Rava said: That is the popular expression that people say: Instead of beauty, a sore [kiva]. With regard to a different verse: “The Lord will smite with a scab the crown of the head of the daughters of Zion and the Lord will lay bare their secret parts” (Isaiah 3:17). And the Lord will smite with a scab the crown of the heads of the daughters of Zion; Rabbi Yosei, son of Rabbi Ḥanina, said: This teaches that there was an outbreak of leprosy among them. It is written here, scab [sippaḥ], and it is written there, among the types of leprosy: “For a sore, and for a scab [sappaḥat], and for a bright spot” (Leviticus 14:56). With regard to the verse: And the Lord will lay bare their secret parts [pot’hen ye’areh], Rav and Shmuel disagree. One says: It means that they, i.e., their innards, were poured out [ye’areh] like a jug. And one says: That their orifices [pitḥeihen] were covered with hair as thick as a forest [ya’ar]. On the topic of the sins of Jerusalem and the abundance that existed before its destruction, Rav Yehuda said that Rav said: The people of Jerusalem were people of arrogance. They would couch their crude behavior in euphemisms. A person would say to another: On what did you dine today? Well-kneaded bread or bread that is not well-kneaded? On white wine or on black wine? Sitting on a wide divan or on a narrow divan? With a good friend or a bad friend? And Rav Ḥisda said: And all these allude to promiscuity. These are all euphemisms for different types of women. Well-kneaded bread refers to a woman who is not a virgin; white wine refers to a fair-complexioned woman; a wide divan refers to a fat woman; a good friend refers to a good-looking woman. On the topic of Jerusalem, Raḥava said that Rabbi Yehuda said: The logs of Jerusalem used for fuel were from the cinnamon tree, and when they would ignite them, their fragrance would waft through all of Eretz Yisrael. And since Jerusalem was destroyed, these fragrant logs were buried, and only a sliver the size of a grain of barley remains, and it is located in the treasury of [gazzai] Tzimtzemai the queen. MISHNA: Just as it is prohibited for a woman to carry out certain items unique to a woman into the public domain, the Sages said that a man may neither go out on Shabbat with a sword, nor with a bow, nor with a shield [teris], nor with an alla, nor with a spear. And if he unwittingly went out with one of these weapons to the public domain he is liable to bring a sin-offering. Rabbi Eliezer says: These weapons are ornaments for him; just as a man is permitted to go out into the public domain with other ornaments, he is permitted to go out with weapons. And the Rabbis say: They are nothing other than reprehensible and in the future they will be eliminated, as it is written: “And they shall beat their swords into plowshares and their spears into pruning hooks; nation will not raise sword against nation, neither will they learn war anymore” (Isaiah 2:4). With regard to women’s ornaments, they added that a garter placed on her leg to hold up stockings is pure and cannot become ritually impure as a utensil, and she may even go out with it on Shabbat. However, ankle chains, which were also women’s ornaments, can become ritually impure, and she may not go out with them on Shabbat. GEMARA: The Gemara asks: What is the meaning of the term alla? It means club [kulpa]. We learned in the mishna that Rabbi Eliezer says: These weapons are ornaments for him. It was taught in a baraita that elaborates on this subject: The Rabbis said to Rabbi Eliezer: And since, in your opinion, they are ornaments for him, why are they to be eliminated in the messianic era? He said to them: They will not be needed anymore, as it is stated: “Nation will not raise sword against nation” (Isaiah 2:4). The Gemara asks: And let the weapons be merely for ornamental purposes, even though they will not be needed for war. Abaye said: It is just as in the case of a candle in the afternoon. Since its light is not needed, it serves no ornamental purpose. Weapons, too; when not needed for war, they serve no ornamental purpose either. And this baraita disagrees with the opinion of Shmuel, as Shmuel said: The only difference between this world and the messianic era is subjugation of the exiles to other kingdoms, from which the Jewish people will be released. However, in other respects, the world will remain as it is, as it is written: “Because the poor will not cease from within the land” (Deuteronomy 15:11). Society will not change, and wars will continue to be waged. However, this baraita supports the opinion of Rabbi Ḥiyya bar Abba who disagrees with Shmuel. As Rabbi Ḥiyya bar Abba said: All of the prophets only prophesied with regard to the messianic era; however, with regard to the World-to-Come it was stated: “No eye sees, God, except You, that which He will do for he that waits for Him” (Isaiah 64:3). What will be in the World-to-Come cannot be depicted even by means of prophecy. And some say the disagreement between Rabbi Eliezer and the Rabbis was different. They said to Rabbi Eliezer: Since in your opinion they are ornaments for him, why will they be eliminated in the messianic era? He said to them: Even in the messianic era they will not be eliminated. And that is in accordance with that which Shmuel stated that the world will remain fundamentally the same, and he disagrees with Rabbi Ḥiyya bar Abba. Abaye said to Rav Dimi, and some say it was to Rav Avya, and some say Rav Yosef said to Rav Dimi, and some say it was to Rav Avya, and some say Abaye said to Rav Yosef: What is the reason for the opinion of Rabbi Eliezer who said: These weapons are ornaments for him? As it is written: “Gird your sword upon your thigh, mighty one, your glory and your splendor” (Psalms 45:4), indicating that a sword is considered an ornament. The Gemara relates that some time later Rav Kahana said to Mar, son of Rav Huna: Is that really a proof? This verse is written in reference to matters of Torah and should be interpreted as a metaphor. He said to him: Nevertheless, a verse does not depart from its literal meaning, although there may be additional homiletical interpretations. Rav Kahana said about this: When I was eighteen years old and had already learned the entire Talmud, and yet I did not know that a verse does not depart from its literal meaning until now. The Gemara asks: What is Rav Kahana teaching us with that statement? The Gemara answers: He comes to teach that a person should first learn and then understand the rationale. Zarot is a mnemonic acronym for Elazar [zayin], Reish Lakish [reish], and their students [vav, tav], the amoraim who interpreted the verse in Psalms cited above Rabbi Yirmeya said that Rabbi Elazar said: Two Torah scholars who sharpen one another in halakha; the Holy One, Blessed be He, ensures success for them, as it is written: “And in your majesty [vahadarkha] prosper, ride on, in behalf of truth and meekness and righteousness; and let your right hand teach you tremendous things” (Psalms 45:5). The Sages said:
Do not read “and your majesty [vahadarkha],” rather, by changing some of the vocalization and the letters, read it as and He will sharpen you [veḥidedkha], and ultimately you will be successful.
Moreover, they who act in that manner will rise to prominence, as it is written: “Prosper, ride on.”
I might have thought even if one engages in the study of Torah not for its own sake; therefore, the verse states: “On behalf of truth.”
I might have thought that one would be rewarded with prosperity even if he became arrogant; therefore, the verse states: “Meekness and righteousness.”
And if they do so in the proper manner they merit the Torah that was given with the right hand of the Holy One, Blessed be He, as it is written: “And let your right hand teach you tremendous things” (Psalms 45:5). Rav Naḥman bar Yitzḥak said: They are rewarded with the matters stated with regard to the right hand of the Torah. As Rava bar Rav Sheila said and some say Rav Yosef bar Ḥama said that Rav Sheshet said: What is the meaning of that which is written, “Length of days is in her right hand and in her left hand are riches and honor” (Proverbs 3:16)? Is that to say, however, that in her right there is length of days, but there are not riches and honor? Rather, it means: Those who relate to it with the skilled right hand, i.e., who study Torah for its own sake and with proper intentions, there is length of days and all the more so riches and honor for them. Whereas, those who relate to it with the unskilled left hand, there are riches and honor; there is not length of days. Rabbi Yirmeya said that Rabbi Shimon ben Lakish said: Two Torah scholars who are agreeable to each other when engaging in discussions of halakha, the Holy One, Blessed be He, listens to them, as it is stated: “Then they that feared the Lord spoke [nidberu] one with another; and the Lord hearkened, and heard, and a book of remembrance was written before Him, for them that fear the Lord, and that think upon His name” (Malachi 3:16). And the term speech [dibbur] means nothing other than calm, as it is stated: “He subdues [yadber] people under us” (Psalms 47:4). He will cause the nations to submit to the Jewish people leading to a period of calm. Here too the term dibbur indicates calm and agreeability. The Gemara asks: What is the meaning of the phrase in that verse: “And that think upon His name”? Rabbi Ami said: Even if one merely planned to perform a mitzva, and ultimately due to circumstances beyond his control did not perform that mitzva, the verse ascribes him credit as if he performed it. The Gemara continues in praise of those who perform mitzvot: Rav Ḥinnana bar Idi said: Anyone who performs a mitzva as it was commanded, others do not apprise him of bad tidings, as it is stated: “He who keeps the commandment shall know no evil thing” (Ecclesiastes 8:5). Rav Asi, and some say Rabbi Ḥanina said: Even if the Holy One, Blessed be He, issued a decree, He may abrogate it, as it is stated: “For the word of the King has authority and who may say to Him: What do You do?” (Ecclesiastes 8:4). And, although this indicates that even though the King, God, issued a decree, juxtaposed to it is the verse: “He who guards the commandment shall know no evil thing” (Ecclesiastes 8:5). For one who observes mitzvot properly, the decree is abrogated and he will know no evil. Rabbi Abba said that Rabbi Shimon ben Lakish said: Two Torah scholars who listen to each other in the discussion of halakha, the Holy One, Blessed be He, hears their voice, as it is stated: “You who dwell in gardens, the companions heed your voice, cause me to hear it” (Song of Songs 8:13). And if they do not do so, i.e., they do not listen to each other, they cause the Divine Presence to depart from among Israel, as it is stated in the following verse: “Run away, my beloved, and be like a gazelle or a young hart upon the mountains of spices” (Song of Songs 8:14). Rabbi Abba said that Rabbi Shimon ben Lakish said: Two individual Torah scholars who, while studying together, cause one another to err [madgilim] in halakha [Tosafot], nevertheless, the Holy One, Blessed be He, loves them, as it is stated: “And his banner [vediglo] over me is love” (Song of Songs 2:4). Rava said: And that is only true in a case where they know the foundation of the law, and their error resulted from the lack of more sophisticated knowledge. And that is only true in a case where they do not have a prominent person in the city from whom they could learn without error. Rabbi Abba said that Rabbi Shimon ben Lakish said: One who loans another money is greater than one who gives him charity. And the one who places money into a common purse, i.e., one who enters into a partnership with a needy person, is the greatest of them all, since in that case the needy person is not embarrassed when receiving the assistance. Rabbi Abba said that Rabbi Shimon ben Lakish said: Even if a Torah scholar is as vengeful and begrudging as a snake, wrap him tightly around your waist, i.e., keep him close, because you will benefit from his Torah. On the other hand, even if an am ha’aretz is righteous, do not dwell in his neighborhood, as his righteousness does not compensate for the fact that he is ignorant. Rav Kahana said that Rabbi Shimon ben Lakish said, and some say Rav Asi said that Reish Lakish said, and some say Rabbi Abba said that Rabbi Shimon ben Lakish said: Anyone who raises an evil dog within his home prevents kindness from entering into his home, since poor people will hesitate to enter his house. As it is alluded to in the verse: “To him that is afflicted [lamas], kindness from his friend and awe of the Almighty will leave” (Job 6:14), since in the Greek language they call a dog lamas. Rav Naḥman bar Yitzḥak said: One who keeps an evil dog in his home even divests himself of fear of Heaven, as it is stated at the end of that verse: “And awe of the Almighty will leave.” The Gemara relates: A certain pregnant woman who entered to use the oven in a certain house to bake, the dog in that house barked at her, and her fetus was displaced. The owner of the house said to her: Do not be afraid because his teeth have been removed and his claws have been removed. She said to him: Take your goodness and throw it on the thorns. Your encouragement is useless as the fetus has already been displaced and will certainly die. On a related note, Rav Huna said: What is the meaning of that which is written: “Rejoice young man in your youth, and let your heart cheer you in the days of your youth, and walk in the ways of your heart and in the sight of your eyes; but know that for all these things God will bring you to judgment” (Ecclesiastes 11:9)? Until here, “the sight of your eyes,” these are the words of the evil inclination; from here on, “but know that, etc.,” these are the words of the good inclination. Reish Lakish said: Until here, the verse refers to matters of Torah. One is provided the opportunity to study and involve himself in the Torah and rejoice in its innovations; from here on, “but know that, etc.,” it refers to good deeds. One will ultimately stand trial for that which he studied and did not implement. We learned in the mishna that a garter is pure. Rav Yehuda said: Garter; that is a bracelet worn on the arm. Rav Yosef raised an objection: It is stated here that a garter is pure and a woman may go out with it on Shabbat, while a bracelet is ritually impure. It is mentioned explicitly in the verse enumerating the spoils of the war with the Midianites: “And we have brought the Lord’s offering, what every man has gotten, of jewels of gold, armlets, and bracelets, signet rings, earrings, and girdles, to make atonement for our souls before the Lord” (Numbers 31:50). Earlier in that chapter it is written with regard to the spoils: “Purify yourselves on the third day and on the seventh day both you and your captives” (Numbers 31:19). Apparently, a bracelet can become ritually impure. Rather, this is what Rav Yehuda is saying: A garter on the leg is in place of a bracelet on the arm. It goes around the leg to hold a stocking in place just as a bracelet goes around the arm. However, unlike a bracelet, a garter cannot become ritually impure because it is not an ornament. It simply holds up the stocking. The Gemara relates: Ravin and Rav Huna were sitting before Rav Yirmeya. And Rav Yirmeya was sitting and dozing as the two students conversed. And Ravin sat and said: The difference between a garter and ankle chains is that a garter is worn on one leg, and ankle chains are worn on two legs. Rav Huna said to him: These garters and those ankle chains are both worn on two legs. And when she wears garters on both legs they place a chain between them, and they become vessels with the legal status equal to that of ankle chains. And Ravin asked: And does the chain that is connected to it render it a vessel? If a garter without a chain is not considered a vessel, why would the addition of a chain render it a vessel that can become ritually impure? And if you say the reason for this is in accordance with the opinion of Rabbi Shmuel bar Naḥmani, as Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: From where is it derived that a metal vessel that makes a sound is considered a vessel and can become ritually impure? As it is stated: “Every thing that passes through the fire, you shall make it pass through the fire, and it shall be clean; nevertheless it shall be purified with the water of sprinkling; and all that does not pass through the fire you shall make to go through water” (Numbers 31:23). And the Sages interpret the verse homiletically: Every thing [davar], even speech [dibbur]; in other words, even an object that makes a sound shall pass through fire to become purified because it is a vessel. However, this case is not similar. Granted, there, they require the vessel for the purpose of its sound and it performs an action. However, here, what action does the chain perform? Although it creates a sound, the chain serves no purpose. He said to him: Here, too, the chain is performing a purposeful action, as Rabba bar bar Ḥana said that Rabbi Yoḥanan said: There was one family in Jerusalem whose daughters’ strides were lengthy, and as a result their hymen membranes would fall away. In order to solve this problem they made them ankle chains and they hung a chain between them so that their strides would not be so large and, indeed, their hymen membranes would no longer fall away. Meanwhile, Rabbi Yirmeya awoke from their voices and said to them: Correct, and Rabbi Yoḥanan said likewise. On the topic of ritual impurity, the Gemara relates: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: From where is it derived that a woven fabric of any size can become ritually impure? It is derived from the frontplate [tzitz] of the High Priest, which is considered a vessel despite its small size. Abaye said to him: And is the frontplate a woven fabric? Wasn’t it taught in a baraita: The frontplate is made like a kind of smooth plate of gold, and its width is two fingerbreadths, and it encircles the forehead from ear to ear. And on it is written in two lines: Yod heh, i.e., the Tetragrammaton, above, and kodesh lamed, i.e., sacred to, below. Thus, the words: Sacred to God, were written on the frontplate. In deference to the name of God, it would be written on the top line, and the words: Sacred to, on the line below. And Rabbi Eliezer, son of Rabbi Yosei, said: I saw it in the Caesar’s treasury in the city of Rome and Sacred to God was written on one line. In any case, since the frontplate is a gold plate, how can it serve as a source for ritual impurity in fabrics? When Rav Dimi ascended to Neharde’a, he sent to the yeshiva students: The statements I said to you with regard to woven fabrics of any size becoming ritually impure regardless of their size, they are my mistake. However, this is what they said in the name of Rabbi Yoḥanan: From where is it derived that an ornament of any size can become ritually impure? It is derived from the frontplate. And from where is it derived that a woven fabric of any size can become ritually impure? It is derived from the verse: “Or a garment or leather or sack; any vessel with which any work is done must be put into water and it shall be unclean until evening, then it shall be clean” (Leviticus 11:32). From the extraneous phrase, “or a garment,” it is derived that any garment, regardless how small, falls into this category. Similarly, the Sages taught in a baraita: A woven fabric of any size can become ritually impure, and an ornament of any size can become ritually impure. An object that is half woven fabric and half ornament of any size can become ritually impure. And a sack is added to the category of garment; it too is ritually impure due to woven fabric. Rava said in explanation of the baraita: A woven fabric of any size is ritually impure as derived from the phrase “or a garment.” An ornament of any size is ritually impure, as derived from the halakhot of the frontplate. A woven fabric and an ornament of any size is ritually impure, as derived from that which is stated: “And Moses and Elazar the priest took the gold from them, all vessels with which labor is done” (Numbers 31:51). Any object that can be utilized for any action falls into the category of: All vessels with which labor is done. One of the Sages said to Rava: That verse is written with regard to Midian. There it is referring specifically to ritual impurity imparted by a corpse, and how is it possible to derive from that halakhot of ritual impurity in general? Rava said to him: He derived by means of a verbal analogy from the word vessel written there, with regard to the halakhot of ritual impurity imparted by a corpse, and the word vessel written with regard to the halakhot of other impurities. It was taught in the baraita that a sack is added to the category of “garment”; it too is ritually impure due to woven fabric. The Gemara asks: Is that to say that a garment is not a woven fabric? Rather, the statement should be emended and say as follows: A sack made from goat hair is added to the category of garment; even though it is not woven it can nevertheless become ritually impure. The Gemara asks: For what is a garment made of unwoven goat hair suitable? Rabbi Yoḥanan said: Since a poor person occasionally braids three goat hairs and hangs it on his daughter’s neck as an ornament. The Sages taught a detailed halakhic exposition of that verse in a different baraita. From the fact that the verse mentioned sack, I have only derived that a whole sack can become ritually impure. From where is it derived to include even reins [kilkeli] and a saddle band fastened under the horse’s belly in the category of those objects that can become ritually impure? The verse states: “Or sack”; “or” teaches that the verse is referring to items similar to a sack as well. I might have thought, on that basis, that I should include even the ropes and measuring cords. The verse states: “Sack,” just as a sack is spun and woven, so too, everything that is spun and woven can become ritually impure. Ropes and measuring cords are not made from spun threads, and they are certainly not woven. The baraita continues: Now, it says with regard to the halakhot of ritual impurity imparted by a corpse: “And every garment and all that is made of skins and all work of goats’ hair and all things made of wood you shall purify” (Numbers 31:20). This verse comes to include reins and the band under the horse’s belly within the category of: All work of goats’ hair. They too can become ritually impure. I might have thought that I would include even the ropes and thin cords in this category. The Gemara begins with a logical analysis. And it may be inferred logically to the contrary, that a rope cannot become impure. The verse deemed impure an object that came in contact with a creeping animal, and it deemed impure an object that came in contact with a corpse. Just as when it rendered an object impure from contact with a creeping animal it only rendered impure objects spun and woven, as stated above; so too, when it rendered impure an object from contact with a corpse, it only rendered impure objects spun and woven. There is room to distinguish: Are these indeed comparable? If the Torah was lenient with regard to the ritual impurity of an object that came in contact with a creeping animal, which is a less severe form of impurity, saying that ropes do not become impure from contact with that form of ritual impurity, will we be lenient with regard to ritual impurity imparted by a corpse, which is more severe? Perhaps, since impurity imparted by a corpse is more severe, even objects not woven and spun, e.g., ropes, become ritually impure from contact with it. Therefore, the verse states garment and leather, garment and leather to establish a verbal analogy. The term garment and leather is stated with regard to ritual impurity imparted by a creeping animal: “And whatever any of them falls upon when they are dead will be impure whether it be any vessel of wood, or a garment, or leather, or sack, whatever vessel it be with which any work is done it must be put into water and it will be impure until evening, then it will be clean” (Leviticus 11:32). And garment and leather is stated with regard to ritual impurity imparted by a corpse. Just as garment and leather stated with regard to a creeping animal only rendered impure objects that are spun and woven, so too, garment and leather stated with regard to a corpse only rendered impure objects that are spun and woven. Utilizing the same verbal analogy, one could say: And just as garment and leather stated with regard to a corpse rendered impure any object that is the work of goats’ hair, so too, garment and leather stated with regard to a creeping animal rendered impure any object that is the work of goats’ hair. I have only derived from this verbal analogy that an object that comes from goats can become ritually impure; from where do I derive to include an item that comes from a horse’s tail or from a cow’s tail? The verse states: Or a sack, and anything like a sack, i.e., these other items as well. The Gemara asks: Didn’t you already derive ritual impurity with regard to reins and a saddle band from this verse? How can ritual impurity for items that come from a horse’s tail and a cow’s tail be derived from the same verse? The Gemara answers: That applies only before the verbal analogy was cited; now that the verbal analogy was cited, the verse is rendered extraneous. The fact that any item that falls in the category of: “And all work of goats’ hair,” can become ritually impure is derived from the verbal analogy. Reins and a saddle bands are included in the category of work of goats’ hair. Therefore, they need not be derived from that phrase. Consequently, a different halakha can be derived from that extraneous phrase: Objects that come from a horse’s tail or a cow’s tail can become ritually impure. The baraita continues: And I have derived that an object made from a horse’s tail can become impure only with regard to a creeping animal; however, with regard to a corpse, from where is this derived? The Gemara begins with a logical analysis. And it may be inferred logically that this is so. The Torah rendered impure a sack that came into contact with a corpse and rendered impure a sack that came into contact with a creeping animal. Just as when the Torah rendered items that came into contact with a creeping animal impure it made the legal status of that which comes from a horse’s tail and a cow’s tail equal to the legal status of that which is made from goats’ hair, i.e., that it contracts ritual impurity, so too when the Torah rendered impure items that came into contact with a corpse, it made the legal status of that which comes from a horse’s tail and a cow’s tail equal to the legal status of that which is made from goats’ hair. The Gemara rejects this: Are these indeed comparable? If the verse added additional objects to the category of ritual impurity that lasts until nightfall, e.g., the impurity imparted by a creeping animal, which is extensive, will we add additional objects to the category of ritual impurity that lasts for seven days, which is limited to the case of impurity from a corpse? The fact that items made of a horse’s tail or a cow’s tail are added to the already broad category of ritual impurity that lasts until nightfall is not necessarily an indication that they are to be added to the category of ritual impurity that lasts seven days. The verse states: Garment and leather, garment and leather to establish a verbal analogy. Garment and leather is stated with regard to ritual impurity imparted by a creeping animal, and garment and leather is stated with regard to ritual impurity imparted by a corpse. Just as with regard to the garment and leather stated in the halakhot of a creeping animal the Torah rendered the legal status of an item made from a horse’s tail or a cow’s tail equal to the legal status of that which is made from goats’ hair, so too, with regard to the garment and leather stated in the halakhot of a corpse, the Torah rendered the legal status of an item made from a horse’s tail or a cow’s tail equal to the legal status of that which is made from goats’ hair. The Gemara notes: And it must be that the words garment and leather are free. Those terms must be superfluous in their context. The Torah included those terms for the express purpose of establishing the verbal analogy. A verbal analogy that is based on otherwise extraneous terms cannot be logically refuted. Because if these terms are not free, the verbal analogy can be refuted: What is unique to a creeping animal? Its ritual impurity is stringent in that it renders objects ritually impure even by means of contact with a lentil-bulk of a creeping animal. That is not the case with regard to a corpse, which is less severe in that it renders objects ritually impure only by means of contact with an olive-bulk of a corpse. Unless the terms are free, the analogy can be refuted. Indeed [la’ei], they are free. The Gemara proves that the terms garment and leather are extraneous in their context. Now, since ritual impurity from contact with a creeping animal is juxtaposed to ritual impurity from contact with semen, as it is written: “And whoever touches anything that is impure by the dead or a man from whom semen is emitted” (Leviticus 22:4), and juxtaposed to that is the verse: “Or whoever touches any creeping animal which makes him impure, or a person who may make him impure with any impurity that he has” (Leviticus 22:5). And it is written in the halakhot of the ritual impurity of semen: “And every garment and every hide on which the semen is must be washed with water and will be impure until evening” (Leviticus 15:17). Since the verses appear next to each other, the halakhot of each can be derived from the other. Consequently, the words garment and leather, which the Torah wrote with regard to a creeping animal, why do I need them? The relevant halakha could be derived from the halakhot of seminal impurity. Learn from it that garment and leather were mentioned to render them free. The Gemara comments: And still, it is free only from one side of the verbal analogy. Although the terms garment and leather stated with regard to ritual impurity imparted by a creeping animal are extraneous in their context, and the relevant halakha could have been derived in another manner, those terms stated with regard to ritual impurity imparted by a corpse are not extraneous in their context. This verbal analogy is only free from one side. It works out well according to the opinion of the one who said, with regard to a verbal analogy that is free from only one side, one can derive from it and cannot refute it logically. However, according to the opinion of the one who said that one can derive from a verbal analogy of this kind and one can refute it logically, what can be said? The Gemara answers: Garment and leather stated with regard to impurity imparted by a corpse are also free. Now, since a corpse is juxtaposed with semen, as it is written: “And whoever touches anything that is impure by the dead or a man whose semen is emitted from him” (Leviticus 22:4); and it is stated with regard to semen: “And every garment and every hide” (Leviticus 15:17); the terms garment and leather, which the Torah wrote with regard to ritual impurity imparted by a corpse, why do I need them? Learn from it that they are mentioned in order to render them free. These terms are extraneous in their context, and were written for the purpose of the verbal analogy with the halakhot of creeping animals. The Gemara interprets verses written with regard to the Midianite war discussed above: “And we have brought an offering before the Lord what every man has gotten of jewels of gold, chains, and bracelets, rings, agil, and kumaz, to make atonement for our souls before the Lord” (Numbers 31:50). Rabbi Elazar said: Agil is a mold in the shape of a woman’s breasts worn over them as an ornament. Kumaz is a mold in the shape of the womb. Rav Yosef said: If so, that is the reason that we translate kumaz into Aramaic as maḥokh, meaning an item that leads to foolishness. Rabba said to him: This meaning is learned from the verse itself; kumaz is an acronym for: Here [kan] is the place of [mekom] lewdness [zimma]. Later in that chapter, it is written: “And Moses was angry with the officers of the host, the captains over thousands, and captains over hundreds, who came from the battle” (Numbers 31:14); Rav Naḥman said that Rabba bar Avuh said that Moses said to Israel: Perhaps you have returned to your original sinful behavior, when you sinned with the daughters of Moab and Midian at Shittim? They said to him: “Not one man of us is missing” (Numbers 31:49), we remain as wholesome in deed as we were. He said to them: If so, why do you need atonement? The princes brought these ornaments to atone for their souls. They said to him: If we have emerged from the grasps of actual transgression, we have not emerged from the grasps of thoughts of transgression. Immediately, they decided: “And we have brought an offering before the Lord.” The Sage of the school of Rabbi Yishmael taught: For what reason did Israel in that generation require atonement? Because they nourished their eyes from nakedness. With regard to the verse that lists the ornaments, Rav Sheshet said: For what reason did the verse list outer ornaments, i.e., a bracelet, with inner ornaments, i.e., a kumaz? To tell you that anyone who gazes upon a woman’s little finger is considered as if he gazed upon her naked genitals. The atonement was for the sin of looking. MISHNA: The mishna continues to discuss those items with which it is permitted to go out and those items with which it is prohibited to go out on Shabbat. A woman may go out with strands of hair that she put on her head, whether they are from her own hair that she made into a wig, or whether they are from the hair of another, or whether they are from the hair of an animal. And a woman may go out with an ornament called totefet, and with sarvitin when they are sewn and will not fall. She may go out on Shabbat with a woolen cap or with a wig to the courtyard, although not to the public domain. And likewise she may go out with a cloth that is in her ear, and with a cloth in her sandal, and with a cloth that she placed due to her menstrual status. She may go out on Shabbat with pepper, or with a grain of salt, or anything placed in her mouth for healing or for preventing bad odor, as long as she does not put these objects in her mouth for the first time on Shabbat. And if it fell out she may not replace it. A false tooth as well as (Ramban) a gold tooth, Rabbi Yehuda HaNasi permits going out with it, and the Rabbis prohibit doing so. GEMARA: We learned in the mishna that a woman may go out with different strands of hair. The Gemara comments: And it is necessary to cite all of the cases. If the mishna taught us only with regard to her own hair, I would have said that she may go out with it because it is not repulsive, as it is her own hair; therefore, there is no concern lest she come to remove the strands and carry them in the public domain. However, the hair of another, which is repulsive and a different color from hers, say no, she may not go out with it, due to concern lest she be embarrassed, remove it, and come to carry it in the public domain. And if the mishna taught us that she is permitted to go out with the hair of another, I would have said that she may go out with it because it is hair of her own kind. Therefore, it is not repulsive in her eyes and she will not come to remove it. However, the hair of an animal, since it is not of her own kind, say no, she may not go out with it due to concern lest she remove it. Therefore, it is necessary to cite all three cases. It was taught in the Tosefta: It is permitted as long as a girl does not go out with the hair of an elderly woman, and an elderly woman does not go out with the hair of a girl. The Gemara challenges: Granted, the Gemara cited the case of an elderly woman who goes out with the hair of a girl, as it is a reasonable scenario because it is flattering for her to look young. However, why would a girl go out with the hair of an elderly woman? Since it is demeaning for her to appear elderly, it is an unlikely scenario. The Gemara answers: Since the mishna taught the case of an elderly woman with the hair of a girl, it also taught the improbable case of a girl with the hair of an elderly woman. It was taught in the mishna that a woman may go out with a woolen cap or with a wig to the courtyard. Rav said: With regard to all ornaments and garments with which the Sages prohibited going out into the public domain on Shabbat, it is also prohibited to go out with them into the courtyard due to the concern lest she forget and go out to the street, with the exception of a woolen cap and a wig. Rabbi Anani bar Sason said in the name of Rabbi Yishmael: All ornaments have the same legal status as a woolen cap and may be worn into the courtyard. We learned in the mishna that it is permitted to go out with a woolen cap or a wig into the courtyard. Granted, according to the opinion of Rav the matter works out well, as the mishna allows one to go out into a courtyard only with a woolen cap and a wig. However, according to the opinion of Rabbi Anani bar Sason, it is difficult. The Gemara answers: In whose name did Rabbi Anani bar Sason say his halakha? In the name of Rabbi Yishmael bar Yosei, and Rabbi Yishmael bar Yosei is a tanna and, as such, has the authority to dispute the determination in the mishna. The Gemara asks: And according to Rav, what is different about these, the woolen cap and the wig, that the mishna permitted going out into the courtyard with them? Ulla said: So that she will not become unappealing to her husband. That would be the result if all ornamentation was prohibited. As it was taught in a baraita with regard to the verse: “And of her that is sick in her menstrual status [niddata]” (Leviticus 15:33), the Elders of the early generations said that this verse comes to teach us that the menstruating woman should be distanced from her husband in all senses, like a person ostracized [menudeh] by the Sages. This includes that she may not paint her eyes blue, and she may not rouge [pokeset] her face, and she may not adorn herself with colorful clothing. Until Rabbi Akiva came and taught: If you do so, you are making her unappealing to her husband, and her husband will consequently divorce her. Therefore, extreme strictures should not be instituted. Rather, what is the meaning of that which the verse states: “And of her that is sick in her menstrual status”? She shall remain prohibited in her menstrual status even after the flow of blood has stopped until she immerses in the water of a ritual bath. Rav Yehuda said that Rav said: Wherever the Sages prohibited an action due to the appearance of prohibition, even in the innermost chambers, where no one will see it, it is prohibited. When prohibiting an action, the Sages did not distinguish between different circumstances. They prohibited performing the action in all cases. The Gemara raises an objection. We learned in the mishna that an animal belonging to a Jew may not go out on Shabbat with a bell around its neck, even though it is plugged and makes no sound, due to the appearance of prohibition, as it appears as if he were taking the animal to the marketplace. And it was taught in another baraita: He may plug the bell on the animal’s neck and walk with it in the courtyard. Apparently, although the Sages prohibited this action due to the appearance of prohibition, they permitted it in the courtyard. The Gemara answers: It is subject to a dispute between tanna’im in this matter, as it was taught in a baraita: One whose clothes fell into water on a Festival may not dry them in the conventional manner; however, he may spread them out in the sun, but not before the people, who may suspect that he laundered his clothes on Shabbat. Rabbi Eliezer and Rabbi Shimon prohibit doing so even in a place concealed from view. Apparently, the Sages disagree whether or not an action prohibited due to the appearance of prohibition is prohibited everywhere. We learned in the mishna that a woman may go out on Shabbat with a cloth that is in her ear. Rami bar Yeḥezkel taught: And that is specifically in a case where the cloth is tied to her ear and she will not come to carry it. The mishna continues: A woman may go out with a cloth that is in her sandal. Rami bar Yeḥezkel taught: And that is specifically in a case where the cloth is tied to her sandal. We learned in the mishna: A woman may go out with a cloth that she placed due to her menstrual flow. Rami bar Ḥama considered saying that it is permitted specifically in a case where it is tied between her thighs. Rava said: It is permitted even though it is not tied to her; since it is repulsive, she will not come to carry it even if it falls. Rabbi Yirmeya raised a dilemma before Rabbi Abba: If she made herself a handgrip in which she could hold the cloth, what is the halakha? Since she does not have to touch the cloth with her bare hand, is there concern that she will come to carry it or not? He said to him: It is permitted. It was also stated that Rav Naḥman bar Oshaya said that Rabbi Yoḥanan said: If she made herself a handgrip it is permitted. Rabbi Yoḥanan went out with a cloth in his ear to the study hall on Shabbat, and his colleagues are in disagreement with him and rule that it is prohibited to do so because it was not tied to his ear. Rabbi Yannai went out with it, a cloth in his ear, to a karmelit, an intermediate domain, neither public nor private. And all the Sages of his generation are in disagreement with him. The Gemara asks: Didn’t Rami bar Yeḥezkel teach: And that is specifically in a case where the cloth is tied to her ear? How could these Sages ignore this halakha? The Gemara answers: This is not difficult; this, where it was taught that certain Sages went out with a cloth, is in a case where it was stuck tightly in their ears. Therefore, it was permitted even though it was not tied. That, where Rami bar Yeḥezkel said that going out with a cloth is permitted only when it is tied, is in a case where it was not stuck tightly in his ear. We learned in the mishna: A woman may go out with pepper and with a grain of salt in her mouth. The Gemara explains: She places pepper in her mouth to prevent mouth odor and a grain of salt to treat a toothache. With regard to that which we learned in the mishna: A woman may go out on Shabbat with any thing that she places in her mouth: This refers to ginger or, alternatively, to cinnamon [dartzona]. We learned in the mishna that the Sages disagree whether or not a woman may go out on Shabbat with a false tooth and a gold tooth; Rabbi Yehuda HaNasi permits doing so and the Rabbis prohibit doing so. Rabbi Zeira said: They only taught the dispute with regard to a gold tooth. Since it is precious, she might remove it from her mouth to show her friends and come to carry it. However, with regard to a silver tooth, which is less precious, there is no concern that she will remove it from her mouth. Everyone agrees that it is permitted. That opinion was also taught in a baraita: With regard to a tooth made of silver, everyone agrees that it is permitted. With regard to a tooth of gold, Rabbi Yehuda HaNasi permits going out with it and the Rabbis prohibit going out with it. Abaye said: Rabbi Yehuda HaNasi, and Rabbi Eliezer, and Rabbi Shimon ben Elazar all hold that anything that makes her unappealing when removed, she will not come to remove it and show it to others. Therefore, it is permitted for her to go out with it. The Gemara elaborates: The opinion of Rabbi Yehuda HaNasi is that which we just stated. The opinion of Rabbi Eliezer is as it was taught in a baraita: Rabbi Eliezer exempts a woman who went out with a bundle of fragrant herbs and with a flask of balsam oil, since a woman whose odor is foul does not remove and show the bundle to others. The opinion of Rabbi Shimon ben Elazar is as it was taught in a baraita. Rabbi Shimon ben Elazar stated a principle: Anything that is worn beneath the net, a woman may go out into the public domain with it, since a woman will not uncover her hair while in the public domain even to show off an ornament. Anything that is worn over the net, e.g., an ornamental hat, a woman may not go out with it, since there is concern that she will remove it and carry it. MISHNA: A woman may go out with a sela coin that she ties on a wound on her foot. The young girls may go out with strings, and even with wood chips that are in the holes in their ears so that the holes will not seal. Young girls would have their ears pierced, but earrings were not placed in their ears until they were older. Jewish women in Arab countries may go out veiled, with a scarf covering their face, and Jewish women in Media may go out with cloaks fastened with stones. And, any person in any place is permitted to go out on Shabbat clothed in that way; however, the Sages spoke in the present, addressing prevalent situations. A woman may fasten her cloak on a stone by inserting a small stone and wrapping her cloak around it, as she would with a button. And likewise, she may do so on a nut or on a coin, as long as she does not fasten her cloak with them on Shabbat ab initio. GEMARA: The Gemara asks: What is the tzinit with regard to which the mishna taught that a woman may go out with a coin tied to it on Shabbat? The Gemara explains: It is a wound on the sole of her foot. The Gemara asks: What is different about a sela? Why specifically is a coin placed on the wound? If you say that any object that is hard is beneficial for her, make an earthenware shard for her instead. Rather, it is beneficial due to the rust on the coin. If so, make a small silver plate for her. Why specifically a coin? Rather it is beneficial due to the image engraved on the coin. If so, make her an unminted coin and engrave an image on it. Abaye said: Learn from it that all these factors together are beneficial for her. The mishna taught that the young girls may go out with strings. The Gemara relates that Shmuel’s father did not allow his daughters to go out with strings, and did not allow them to lie next to each other, and he made ritual baths for them in the days of Nisan and mats in the Euphrates River in the days of Tishrei. Since the water was shallow and the riverbed muddy, he placed mats on the riverbed so that they could immerse without getting dirty. The Gemara analyzes the conduct of Shmuel’s father: He did not allow them to go out with strings. Didn’t we learn in the mishna that the girls may go out with strings? The Gemara answers: The strings with which the daughters of Shmuel’s father went out were colorful ones, and he was concerned that because the strings were beautiful they would come to remove them to show them to others and carry them. He did not allow them to lie next to one another. Let us say that this supports the opinion of Rav Huna, as Rav Huna said: Women who rub against one another motivated by sexual desire are disqualified from marrying into the priesthood. The act renders a woman a zona. It is prohibited for a priest to marry her (Tosafot). The Gemara rejects this: No, that is not necessarily so. Perhaps the reason for Shmuel’s father’s insistence was because he thought to prevent them from lying next to one another so that they would not become accustomed to sleeping with a foreign body, which could stimulate sexual desire. And he made a ritual bath for them in the days of Nisan. This supports the opinion of Rav, as Rav said: When rain falls in the West, Eretz Yisrael, the great witness attesting to that fact is the Euphrates, as the water flow in the Euphrates increases after the rainy season. The rainfall in northern Babylonia, where the source of the Euphrates is located, is essentially parallel to the rainfall in Eretz Yisrael. The increased water flow of the Euphrates in the spring is the result of the rainfall in the winter. Shmuel’s father held that immersion in the Euphrates would not purify them. A river maintains its status as a river in terms of purification through immersion only if it is established that the rain water that fell would not exceed the naturally flowing spring water. In the halakhot of ritual baths, there are two manners of purification. The first is the immersion in a place where water is gathered, e.g., collected rainwater that does not flow and remains in place. The second is immersion in flowing waters in their natural state, e.g., a spring or a river. However, rainwater purifies only when it is collected; it does not purify when it is flowing. And he disagrees with his son Shmuel, as Shmuel said: The river is blessed from its riverbed (ge’onim); the additional water in the river is not from rainfall but rather from subterranean sources. And this statement of Shmuel disagrees with another ruling that he himself issued, as Shmuel said: The water purifies when flowing only in the Euphrates during the days of Tishrei alone. Since rain does not fall in the summer, only then is it clear that the water is in fact river water. We learned in the mishna: A woman may fasten her cloak on a stone, and on a nut, and on a coin, as long as she does not fasten her cloak with them ab initio on Shabbat. The Gemara asks: Didn’t you say in the first clause of this halakha in the mishna that a woman may fasten, indicating that she is permitted to do so even ab initio? How do you explain the contradiction? Abaye said: In the latter clause of the mishna we have arrived at the case of a coin, one of the examples cited in the mishna. The halakha with regard to a coin is the exception. Because a coin is set-aside from use on Shabbat, one might conclude that it may not be used at all; nevertheless, it is only prohibited to fasten the cloak on the coin ab initio on Shabbat itself. Abaye raised a dilemma: What is the halakha with regard to a case where a woman employs artifice to circumvent the halakha and fastens her garment on a nut in order to take the nut out in a permissible fashion to her young child in the public domain on Shabbat? The Gemara notes: This is a dilemma according to the one who said that one may employ artifice when there is a fire on Shabbat. One is permitted to wear several layers of garments to take them out of a burning house on Shabbat. And this is a dilemma according to the one who said that one may not employ artifice when there is a fire on Shabbat. The Gemara elaborates: This is a dilemma according to the one who said that one may employ artifice when there is a fire on Shabbat, as the cases are distinct. Perhaps there, artifice is permitted because if you do not permit him to take the garments out of the burning house in that manner, he will come to extinguish the fire. However, here, if you do not permit the woman to employ artifice and take the nut out to her child in the public domain, she will not come to take it out. Or perhaps, even according to one who said that one may not employ artifice in the case of a fire, there is a distinction between the cases. There, in the case of a fire, wearing garments is the typical manner in which one takes clothing out to the public domain. However, here, utilizing a nut as a button is not the typical manner in which one takes a nut out to the public domain. Since no Torah prohibition is violated by doing so, say that she may well employ artifice to take the nut out to her son. The Gemara concludes: Let this dilemma stand unresolved. MISHNA: One with an amputated leg may go out on Shabbat with his wooden leg, as it has the legal status of a shoe; this is the statement of Rabbi Meir. And Rabbi Yosei prohibits going out into the public domain with the wooden leg, since he does not consider it to have the legal status of a shoe. And if the wooden leg has a receptacle for pads, a concave space at the top of the leg into which pads are placed to cushion the amputated leg, it assumes the status of a wooden vessel and can become ritually impure. And his supports, which are shoes that one who had both of his feet amputated places on his knees in order to walk on his knees, if a zav wears them, they are subject to ritual impurity imparted by treading. A zav is a primary source of ritual impurity. If he touches a vessel it assumes first-degree ritual impurity status. However, vessels on which he treads, sits, lies, or leans become primary sources of ritual impurity, provided they are designated for that purpose. These supports are vessels designated for treading. And one may go out with them into the public domain on Shabbat since they have the legal status of shoes. And one may enter the Temple courtyard with them. Although, generally, wearing shoes in the Temple courtyard is prohibited, in this regard, the supports do not have the legal status of shoes. However, if one who is crippled to the extent that he cannot walk at all sits on a chair that is attached to him, places supports on his hands, and propels himself along with his hands, his chair and supports are subject to ritual impurity imparted by treading. And one may not go out with them on Shabbat, and one may not enter the Temple courtyard with them. Loketamin, which will be explained in the Gemara, are ritually pure in the sense that they cannot become ritually impure because they are not vessels, and one may not go out with them on Shabbat. GEMARA: Rava said to Rav Naḥman: How did we learn the dispute in our mishna? Does Rabbi Meir rule that the amputee may go out with a wooden leg and foot and Rabbi Yosei prohibits him from doing so? Or is it Rabbi Meir who prohibited him from doing so, and Rabbi Yosei’s opinion is the lenient one? Rav Naḥman said to him: I don’t know. And Rava asked: What is the halakha in this matter? Rav Naḥman said to him: I don’t know. It was stated: Shmuel said that the correct reading of the mishna is: An amputee may not go out, and Rabbi Yosei permits him to do so. And, likewise, Rav Huna said that the correct reading of the mishna is: An amputee may not. Rav Yosef said: Since Shmuel said that the correct reading of the mishna is: An amputee may not, and Rav Huna said: An amputee may not, we will also learn the mishna: An amputee may not. Rava bar Shira strongly objects to this: And did they not hear that Rav Ḥanan bar Rava taught the mishna to Ḥiyya bar Rav before Rav in a small room [kituna] in the school of Rav: An amputee may not go out on Shabbat with his wooden leg; this is the statement of Rabbi Meir. And Rabbi Yosei permits going out with it. And Rav signaled him with a hand gesture to reverse the opinions, Rabbi Meir permits going out and Rabbi Yosei prohibits doing so. Rav Naḥman bar Yitzḥak said: And the mnemonic to remember which tanna permits and which tanna prohibits is samekh samekh. The letter samekh appears both in the name Yosei and in the Hebrew word for prohibits [oser]. In that way, one remembers that Rabbi Yosei is the one who prohibits it. The Gemara comments: And even Shmuel, who said that the correct reading of the mishna is: An amputee may not, and Rabbi Yosei permits it, reversed his opinion. As we learned in a mishna: The ḥalitza ceremony, which frees a childless widow from the obligation to enter into levirate marriage with her brother-in-law, involves the widow removing her brother-in-law’s sandal from his foot. If she removed a sandal that is not his, or a wooden sandal, or the sandal of the left foot that was on his right foot, the ḥalitza is valid. And we said: Who is the tanna who holds that a wooden sandal is considered a shoe for this purpose? Shmuel said: It is Rabbi Meir, as we learned in a mishna: An amputee may go out with his wooden leg, this is the statement of Rabbi Meir, and Rabbi Yosei prohibits doing so. Ultimately, Shmuel accepted Rav’s reading of the mishna. And Rav Huna also reversed his opinion, as it was taught in a baraita: With regard to a plasterers’ sandal worn by those who work with lime and would cover their leather shoes with a shoe woven from straw or reeds so that the leather shoes would not get ruined by the lime. If the plasterer is a zav and walks with his shoes covered, the shoe covering is subject to ritual impurity imparted by treading, as the legal status of that sandal is that of a shoe. A woman may perform ḥalitza with it, and one may go out with it on Shabbat; this is the statement of Rabbi Akiva. And the Rabbis did not agree with him. The Gemara asks: Wasn’t it taught in a baraita that they agreed with him? Rav Huna said in resolution of this apparent contradiction: Who is the Sage whose opinion is referred to in the phrase: They agreed with him? It is Rabbi Meir. And who is the Sage whose opinion is referred to in the phrase: They did not agree with him? It is Rabbi Yosei. Even Rav Huna accepted Rav’s reading of the mishna that Rabbi Yosei prohibits going out with a wooden leg. Rav Yosef said: Who is the Sage whose opinion is referred to in the phrase: They did not agree with Rabbi Akiva? It is Rabbi Yoḥanan ben Nuri. As we learned in a mishna: A receptacle made of straw and a tube made of reeds, Rabbi Akiva deems these vessels capable of becoming ritually impure, and Rabbi Yoḥanan ben Nuri deems them pure, i.e., incapable of becoming ritually impure because they are not vessels. According to Rabbi Yoḥanan ben Nuri, straw objects are not considered vessels fit for use. It was taught in a baraita that the Master said: A plasterers’ sandal is subject to ritual impurity imparted by treading. The Gemara asks: How could that be? These sandals are not made for walking. Rav Aḥa bar Rav Ulla said: They are used for walking, as, at times, the plasterer walks in them until he reaches his house. We learned in the mishna: And if the wooden leg has a receptacle for pads, it is capable of becoming ritually impure. Abaye said: It is subject to ritual impurity due to contact with ritual impurity imparted by a corpse, and it is not subject to ritual impurity imparted by treading. If a zav uses a wooden leg it merely assumes first-degree ritual impurity status, since he cannot lean all his weight on it. Rava said: The artificial foot is even subject to ritual impurity imparted by treading. Rava said: From where do I derive to say this halakha? As we learned in a mishna: The wagon of a small child utilized to teach him to walk (Tosafot) is subject to ritual impurity imparted by treading, since its purpose is to lean on it. And Abaye said: The two cases are not comparable. There, in the case of the wagon, he leans all his weight on it; here, in the case of the wooden leg, he does not lean all his weight on it. Abaye said: From where do I derive to say this halakha? As it was taught in a baraita: A walking stick, typically used by the elderly, is pure, i.e., incapable of becoming ritually impure from any form of ritual impurity. Apparently, an object upon which one does not lean all his weight is not subject to ritual impurity imparted by treading. And how does Rava respond to this proof? He says that there is a distinction between the cases: There, in the case of a walking stick used by the elderly, it is made merely to align his steps and straighten his posture. He does not completely lean all his weight on it. Here, in the case of a wooden leg, it is made to lean on, and in fact he leans all his weight on it. It was taught in the mishna that the supports of a zav and his chair are subject to ritual impurity imparted by treading, and one may not go out with them on Shabbat, and one may not enter into the Temple courtyard with them. The tanna, who recited mishnayot before Rabbi Yoḥanan, taught the opposite halakha in the mishna: One may enter into the Temple courtyard with them. Rabbi Yoḥanan said to him: I teach that a woman may perform ḥalitza with this support, as it has the legal status of a shoe in every sense, and you say that one may enter the Temple courtyard? Teach the mishna in the following manner: One may not enter into the Temple courtyard with them. We learned in the mishna that loketamin are pure. The Gemara asks: What are loketamin? Rabbi Abbahu said: They are wooden toys in the shape of a donkey one carried on the shoulders, creating the impression that the donkey is riding him. Rava bar Pappa said: They are stilts used to avoid getting dirty when walking in mud or for amusement. Rava bar Rav Huna said: They are masks [peramei]. MISHNA: Young boys may go out on Shabbat with knots as a folk remedy and princes with bells. And any person is permitted to go out on Shabbat with those objects; however, the Sages spoke in the present, addressing situations that were prevalent. GEMARA: We learned in the mishna that young boys may go out on Shabbat with knots. The Gemara asks: What are these knots? Adda Mari said that Rav Naḥman bar Barukh said that Rav Ashi bar Avin said that Rav Yehuda said: They are garlands of the madder plant that are tied for their medicinal qualities. Abaye said: Mother, actually his foster mother, said to me about the healing properties of madder: Three garlands maintain the illness at its present state and prevent it from worsening, five garlands heal the illness, and seven are effective even against sorcery. Rav Aḥa bar Ya’akov said: And that benefit provided by the madder plant is specifically in a case where one on whom the knots were tied does not look at the sun and the moon, and does not see rain, and hears neither the sound of clanging iron, nor the sound of the hen, nor the sound of footsteps. Rav Naḥman bar Yitzḥak said: If that is the case, the remedial powers of the madder fell in a pit, i.e., if so many conditions exist, for all intents and purposes it provides no benefit at all. The Gemara asks: If these knots in the madder plant have remedial qualities, why specifically were boys mentioned in the mishna? Even girls can benefit from the cure as well. By the same token, why specifically were young boys mentioned in the mishna? Even adults can benefit from the cure as well. Rather, what are these knots? Like that which Avin bar Huna said that Rav Ḥama bar Gurya said: A son who has longings for his father and has a difficult time leaving him, the father takes a strap from the right shoe and ties it on the boy’s left arm as a talisman to help the child overcome his longings. These feelings are more common in small children and especially in boys for their fathers, as fathers were more involved in raising their sons than they were in raising their daughters. Therefore, the Sages allowed specifically young boys to go out with these knots. With regard to this practice, Rav Naḥman bar Yitzḥak said: And your mnemonic for where to tie the strap is phylacteries, which are tied by the right hand on the left arm. And the opposite, tying the strap from the left shoe onto his right arm, is dangerous because it will exacerbate his longings. On the topic of the use of various forms of healing and medicinal practices and their permissibility on Shabbat, the Gemara cites additional statements by that Sage on these topics. Avin bar Huna said that Rav Ḥama bar Gurya said: With regard to overturning an empty cup in which there had been hot water and placing it on one’s navel for healing purposes on Shabbat, he may well do so. And Avin bar Huna said that Rav Ḥama bar Gurya said: It is permissible to smear oil and salt on oneself on Shabbat. As in this case of Rav Huna, who departed from the house of Rav, and Rav, who departed from the house of Rabbi Ḥiyya, and Rabbi Ḥiyya, who departed from the house of Rabbi Yehuda HaNasi, when they were drunk, the rabbi would bring oil and salt and rub them on the palms of their hands and the soles of their feet and say: Just as this oil is clear, so let the wine of so-and-so, son of so-and-so, his mother, become clear. In other words, let them become sober. And if he could not bring oil and salt, or if they did not work, he would bring the sealing clay of a barrel and soak it in water and say: Just as this sealing clay is clear, so let the wine of so-and-so, son of so-and-so, become clear. And Avin bar Huna said that Rav Ḥama bar Gurya said: It is permitted to strangle, i.e., tightly bandage the neck of one whose vertebra was dislocated in order to reset it, on Shabbat. And Avin bar Huna said that Rav Ḥama bar Gurya said: With regard to tightly swaddling a baby born on Shabbat in order to align any limbs that may have been dislocated in birth, one may well do so. There were different versions with regard to the halakhot of Avin bar Huna. Rav Pappa taught two halakhot with regard to children in his name and Rav Zevid taught one halakha with regard to a child in his name. The Gemara explains: Rav Pappa taught two halakhot with regard to children, and he taught both of them in the name of Avin bar Huna, i.e., the halakha with regard to knots and the halakha with regard to swaddling. Rav Zevid taught one halakha with regard to a child. The first, with regard to knots, he taught in the name of Avin bar Huna. And this, with regard to swaddling, he taught in the name of Rabba bar bar Ḥana, as Rabba bar bar Ḥana said: With regard to tightly swaddling a baby on Shabbat, one may well do so. The Gemara cites additional statements said by Abaye in the name of the woman who raised him with regard to remedies. Abaye said, Mother said to me: All incantations that are repeated are intoned using the name of the mother of the one requiring the incantation, and all knots tied for the purpose of healing are tied on the left. And Abaye said, Mother said to me: All incantations for which the number of times they must be intoned is specified, one recites them as they are specified; and those for which the number of times they must be intoned is not specified, one recites them forty-one times. The Sages taught in a baraita: One may go out with a preservation stone, which prevent miscarriages, on Shabbat. They said in the name of Rabbi Meir that one may go out even with the counterweight of a preservation stone; i.e., a stone or another object that was weighed against and found equivalent to the weight of the preservation stone, which is also effective. And this leniency applies not only to a woman who miscarried in the past and is concerned that she may miscarry again; rather, it applies even to a woman who never miscarried and is concerned lest she miscarry for the first time. And it applies not only to a woman who is aware that she is pregnant; rather, it applies even if a woman suspects that she may become pregnant and miscarry. Rav Yeimar bar Shelamya said in the name of Abaye: And this applies only when he happened upon an object that was found equal to the preservation stone when he weighed it against that stone, not when one alters the object to equal the weight of the preservation stone. Abaye raised a dilemma: With regard to a counterweight to the counterweight, i.e., one who finds an object and determines its weight by weighing it against the counterweight of the preservation stone, what is its legal status? May a woman go out into the public domain with it? The Gemara concludes: Let this dilemma stand unresolved. And Abaye said, Mother said to me: To heal a fever of one day, let one take a pale, i.e., newly minted, dinar and go to the salt pools, and weigh its weight in salt against it, and let him bind the salt to the opening of the neckline of his garment with a thread made of hair. And if this remedy is not effective, let him sit at a crossroads, and when he sees a large ant carrying something, he should take the ant and place it in a copper tube, and close it with lead, and seal it with sixty seals, and shake it, and lift it, and say to it: Your burden is upon me and my burden, my fever, is upon you. Rav Aḥa, son of Rav Huna, said to Rav Ashi: And perhaps a different person already found this ant and used this remedy to end his illness. In that case, by accepting the burden of the ant, he is bringing another’s illness upon himself. Rather, let him say to the ant: My burden and your burden are upon you. And if that remedy is not effective, let him take a new jug, and go to the river, and say to it: River, river, lend me a jug of water for a guest who happened to come to me. And let him turn it around his head seven times, and pour out the water behind him, and say to it: River, river, take back the water that you gave me because the guest who happened to come to me came on its day and left on its day. Rav Huna said: For tertian fever, which afflicts one every three days, let one bring seven thorns from seven palm trees, and seven slivers from seven beams, and seven pegs from seven bridges, and seven types of ashes from seven ovens, and seven types of dust from seven door sockets, the hole in which the hinge of the door revolves, and seven types of tar from seven boats, and seven cumin seeds, and seven hairs from the beard of an old dog, and let him bind it to the opening of the neckline of his garment with a thread made of hair. Rabbi Yoḥanan said: For healing a burning fever, let one take a knife that is made entirely of iron, including the handle, and let him go to a place where there is a bush and tie a string of hair to it. On the first day, let him carve the bush a little, and recite: “And an angel of the Lord appeared to him in a flame of fire from within the bush and he looked and behold the bush was aflame in fire and the bush was not consumed” (Exodus 3:2). On the following day, let him carve the bush a little more and recite: “And Moses said: I will turn aside now, and see this great sight, why the bush is not burned” (Exodus 3:3). On the following day, let him carve the bush a little more and recite: “And the Lord saw that he turned aside to see and God called to him within the bush and said: Moses, Moses, and he said: Here I am” (Exodus 3:4). Rav Aḥa, son of Rava, said to Rav Ashi: And let him say: “And the Lord said: Do not come close, take off your shoes from your feet, for the place on which you stand is holy ground” (Exodus 3:5). This verse is more suited to be recited as an incantation to cure a fever. Rather, on the first day, let him recite the first two verses: “And an angel of the Lord appeared to him in a flame of fire from within the bush and he looked and behold the bush was aflame in fire and the bush was not consumed,” as well as, “And Moses said: I will turn aside now and see.” And on the following day, let him recite: “And the Lord saw that he turned aside to see.” And on the following day, let him recite: “And the Lord said: Do not come close, take off your shoes from your feet, for the place on which you stand is holy ground” (Exodus 3:5). And when he carves the bush, let him lower himself and cut it close to the ground, and recite as follows: The bush, the bush; not because you are higher than all trees did the Holy One, Blessed be He, rest His Divine Presence upon you. Rather, it is because you are lower than all trees did the Holy One, Blessed be He, rested His Divine Presence upon you. And just as the fire saw Hananiah, Mishael, and Azariah and fled from before them, so too, let the fire of the fever see so-and-so, son of so-and-so, his mother, flee from before him. For healing boils, let him recite as follows: Baz, Bazya, Mas, Masya, Kas, Kasya, Sharlai, and Amarlai, these are the angels who were sent from the land of Sodom and this was all in order to heal painful boils. Bazakh, Bazikh, Bazbazikh, Masmasikh, Kamon, Kamikh, may your appearance remain with you, may your appearance remain with you, i.e., the boils should not grow redder. May your place remain with you, i.e., they should not spread, may your, the boils’, seed be like one who is barren and like a mule that is not fruitful and does not multiply, so too, do not increase and do not multiply in the body of so-and-so, son of so-and-so. For healing a wound, let him recite as follows: A drawn sword and a readied sling, its name shall not be ache, sickness, and pains. To be saved from a demon, let him recite as follows: You were stopped up, stopped up you were. Cursed, broken, and excommunicated be the demon called bar Tit bar Tamei bar Tina as Shamgaz, Merigaz, and Istemai. To be saved from the demon of the bathroom, let him recite as follows: On the head of a lion and on the nose of a lioness we found the demon named bar Shirika Panda. With a bed of leeks I felled him, and with the jaw of the donkey I struck him. We learned in the mishna that princes may go out with bells, and the same is true for anyone else. The Gemara asks: Who is the tanna who holds that all people of Israel are permitted to conduct themselves like princes with regard to going out with precious ornaments? Rabbi Oshaya said: It is Rabbi Shimon, who said: All of Israel are princes. Therefore, precious ornaments are suitable for every person of Israel. They will neither remove them to show to others nor will they remove them due to concern that people will think them pretentious. Rava said: The mishna is referring to a case where the bell is woven into his garment, obviating the concern lest he remove it, and the halakha in the mishna is in accordance with the statements of all tanna’im, not merely the statement of Rabbi Shimon. MISHNA: One may go out on Shabbat with a locust egg, and with a fox tooth, and with a nail from the crucified, for the purpose of healing; this is the statement of Rabbi Meir. The Rabbis prohibit using these remedies even during the week, due to the prohibition of following the ways of the Amorite. These are superstitious beliefs and the customs of gentiles from which one must distance oneself. GEMARA: We learned in the mishna that in Rabbi Meir’s opinion one may go out on Shabbat with a locust egg, and a fox tooth, and with a nail from the crucified as a talisman or a cure. The Gemara explains the nature of each: One may go out with a locust egg, as they use it as a talisman to cure an earache; and with a fox tooth, as they use it as a talisman for sleep; the tooth of a live fox for one who sleeps too much to wake him up, and the tooth of a dead fox for one who does not sleep. And one may go out with a nail from the crucified, as they use it as a talisman for curing infection. We learned in the mishna that going out with those objects is permitted on Shabbat for the purpose of healing; this is the statement of Rabbi Meir. With regard to the halakha in the mishna, the Gemara cites Abaye and Rava, who both said: Anything that contains an element of healing and seems to be effective does not contain an element of the prohibition against following the ways of the Amorite. There is no cause for suspicion of one who engages in their practice, gentile or Jew. The Gemara asks: Is that to say by inference that if it is does not contain an element of healing, it does contain an element of the prohibition against following the ways of the Amorite? Wasn’t it taught in a baraita: A tree that sheds its fruit prematurely, one paints it and colors it with red paint and loads it with stones? Granted, he is permitted to load it with stones because that action produces an actual benefit, i.e., he does that so that its strength will weaken. Sometimes a tree sheds its fruits prematurely due to excessive blossoming. Sustaining those blossoms taxes the tree, rendering it incapable of sustaining the fruits that grow from the blossoms. The stones were used to slightly weaken the tree when blossoming, thereby reducing the number of blossoms that the tree must nourish. However, painting it with red paint, what healing is he performing with that action? The Gemara explains: He does so so that people will see the tree and pray for mercy for it. As it was taught in a baraita with regard to the verse: “And the leper in whom the plague is, his clothes shall be ripped and the hair of his head shall grow long and he will put a covering upon his upper lip and will cry: Impure, impure” (Leviticus 13:45). The leper publicizes the fact that he is ritually impure because he must announce his pain to the masses, and the masses will pray for mercy on his behalf. Ravina said: In accordance with whose opinion do we hang bunches of unripe dates on a palm tree that casts off its dates? According to that tanna who taught that one must publicize his pain to the masses. The tanna recited the chapter of the Tosefta discussing the actions of the Amorites before Rabbi Ḥiyya bar Avin. Rabbi Ḥiyya bar Avin said to him: All those enumerated there contain an element of the prohibition against following the ways of the Amorite, except for these: One who has a bone in his throat brings a bone from the same species as the bone that is stuck in his throat, and places it on his skull, and says as follows: One by one descend and be swallowed, swallow and descend one by one. That does not contain an element of the prohibition against following the ways of the Amorite. For a fish bone stuck in the throat, let him say as follows: You are stuck like a needle, locked as a shutter, go down, go down. After some discussion of the ways of the Amorite, the Gemara cites additional statements from the Amorite chapter in the Tosefta and from other sources on this topic. One who says: My fortune be fortunate [gad gaddi] and be not weary by day or by night; that statement contains an element of the ways of the Amorite. Rabbi Yehuda says: That is more severe than the ways of the Amorite, as gad is nothing other than a term of idolatry, as it is stated: “And you that forsake the Lord, that forget My holy mountain, that prepare a table for Gad, and that offer mingled wine in full measure unto Meni” (Isaiah 65:11). Gad gaddi is a form of prayer to an idol. One who requests that he be called by his wife’s name and she be called by his name for good fortune, his request contains an element of the ways of the Amorite. One who says: Let my barrels be strengthened [donu danei], that contains an element of the ways of the Amorite. Rabbi Yehuda says: That is more severe than the ways of the Amorite, as Dan is nothing other than a term of idol worship, as it is stated: “They that swear by the sin of Samaria and say: As your god Dan lives” (Amos 8:14). One who hears a raven calling and is concerned about a bad omen and says to the raven: Scream, and says to the female raven: Whistle and turn your tail to me for the best; those statements contain an element of the ways of the Amorite. One who says: Slaughter this rooster that calls out in the evening and says: Slaughter this chicken that calls out like a male rooster; those statements contain an element of the ways of the Amorite. One who says: I will drink and leave over, I will drink and leave over, so that his wine will increase; that statement contains an element of the ways of the Amorite. One who cracks eggs on a wall and smears them in front of the chicks; that series of actions contains an element of the ways of the Amorite. And one who stirs the pot in front of chicks as an auspicious practice so they do not die; that action contains an element of the ways of the Amorite. A woman who dances and counts the chicks until she reaches the number of seventy-one chicks, so they won’t die; her action contains an element of the ways of the Amorite. A woman who dances to ensure that the kutaḥ, a spice made from whey salt and bread, that she is preparing will be successful, and a woman who silences bystanders to ensure that the lentils will cook properly, and a woman who screams to ensure that the pearl barley will cook properly; all these contain an element of the ways of the Amorite. A woman who urinates in front of her pot so it will cook quickly; that action contains an element of the ways of the Amorite. But one may put a chip of mulberry wood and shards of glass in the pot so it will cook quickly, as doing so is effective and not merely superstition. And the Rabbis prohibit shards of glass not due to superstition; rather, due to the danger involved if the glass is not strained out completely. The Sages taught in the Tosefta: One may place a lump of salt into a candle so it will burn brightly; that is effective and not merely for good fortune, so there is no element of the ways of the Amorites involved. And similarly, one may put mud or clay under a candle so it will burn longer. Rav Zutra said: He who covers an oil lamp or who uncovers a kerosene lamp for no purpose violates the prohibition: Do not destroy, since by doing so the fuel burns more quickly. One who says while drinking: Wine and life to the mouth of the Sages, this does not fall into the category of the ways of the Amorite. There was an incident with Rabbi Akiva who made a banquet for his son, and over each and every cup he brought he said: Wine and life to the mouth of the Sages, wine and life to the mouth of the Sages and to the mouth of their students. MISHNA: The Sages stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who is entirely ignorant of the mitzva of Shabbat according to Torah law, and performed numerous prohibited labors on multiple Shabbatot, is liable to bring only one sin-offering for all those labors when he becomes aware that those actions were prohibited. One who knows the essence of Shabbat but forgets which day is Shabbat, i.e., one who lost track of the days of the week, and performs numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each Shabbat when he becomes aware that he performed those actions on Shabbat. One who is aware that the day is Shabbat but temporarily forgot that certain labors were prohibited and performed numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each and every primary category of labor that he performed. One who performs numerous prohibited labors subsumed under a single category of labor is liable to bring only one sin-offering. GEMARA: The Gemara attempts to clarify the language of the mishna and asks: Why did the mishna teach the phrase: A significant principle? If you say it is because of the following reason, it is problematic.
Here, because the tanna wants to teach in a mishna later in the chapter with regard to a matter that includes two halakhot employing the term: Furthermore, they stated another principle; therefore, in this mishna, which relates to a greater number of halakhot, he taught employing the term: A significant principle.
And with regard to the Sabbatical Year as well, because in a later mishna (Shevi’it 7:2) the tanna wants to teach: Furthermore, another principle, at the beginning of the chapter he taught employing the phrase: A significant principle. There too, the choice of language is understood.
However, with regard to the halakhot of tithes, where the mishna (Ma’asrot 1:1) states two principles one after the other, the tanna taught later in the same mishna: And furthermore, they stated another principle, and even so, at the beginning of the mishna the tanna did not teach: A significant principle, opting instead to say simply: They stated a principle. Rabbi Yosei bar Avin said that the term: A significant principle, is not dependent on the existence of another principle; rather, it is dependent on the significance of the principle. Therefore, with regard to the halakhot of Shabbat and the Sabbatical Year, which include primary categories and subcategories, the tanna taught in the mishna: A significant principle. With regard to the halakhot of tithes, which do not include primary categories and subcategories and all its halakhot are on equal footing, he did not teach employing the term: A significant principle. The Gemara asks: And according to the variant reading of the mishna taught by bar Kappara, who taught the phrase: A significant principle, with regard to tithes, what primary categories and subcategories are there with regard to tithes? Rather, isn’t this the reason the Mishna employs the term: A significant principle; because it is significant relative to other principles? The scope of the materials whose use warrants punishment for desecrating Shabbat is greater than the scope of the materials whose use warrants punishment for desecrating the Sabbatical Year. As the halakhot of Shabbat are in effect both with regard to plants that are detached from the ground and with regard to those that are attached, while the halakhot of the Sabbatical Year with regard to detached plants, they are not in effect, but with regard to attached plants they are in effect. And the scope of the materials whose use warrants punishment for desecration of the Sabbatical Year are greater than the scope of the materials whose use warrants punishment for violating the halakhot of tithes. As, by Torah law, the halakhot of the Sabbatical Year are in effect both with regard to human food and with regard to animal food, while the halakhot of tithes are in effect with regard to human food, but with regard to animal food they are not in effect. And according to the opinion of bar Kappara, who taught the phrase: A significant principle, with regard to tithes as well: The scope of the materials for which one warrants punishment for violating the halakhot of tithes is greater than the scope of the materials for which one warrants punishment for violating the halakhot of pe’a. As, by rabbinic law, the obligation of tithes is in effect with regard to both figs and vegetables, while the obligation of pe’a is not in effect with regard to figs and vegetables. As we learned in a mishna in tractate Pe’a: They stated a principle with regard to pe’a: Anything that is food, and is protected, and grows from the ground, and is gathered as one, and one brings it in to storage to preserve is obligated in pe’a. The Gemara explains that which is excluded by each criterion in the mishna. Food, to exclude the aftergrowths of woad [satis] and madder. As these plants are used for dyeing and not for food, the obligation of pe’a does not apply to them. And protected, to exclude ownerless crops, which by definition are not protected. And grows from the ground, to exclude truffles and mushrooms, which, unlike other plants, do not draw sustenance from the ground. And is gathered as one, to exclude the fig tree whose fruit is gathered throughout an extended period, as the figs do not all ripen together. And one brings it in to storage to preserve; to exclude vegetables, which cannot be stored for lengthy periods. While, with regard to tithes, we learned in a mishna: They stated a principle with regard to tithes: Anything that is food, and is protected, and grows from the ground is obligated in tithes; we did not learn with regard to tithes, the following criteria: Gathered as one, and which one brings in to storage to preserve. Apparently, figs and vegetables are obligated in tithes, making the scope of the materials obligated in tithes greater than the scope of those obligated in pe’a. The mishna discusses an individual who forgets the very essence of Shabbat. The Gemara seeks to understand how a Jew could forget the very existence of Shabbat. It was Rav and Shmuel who both said: Our mishna is referring to both a child who was taken captive among the gentiles and never educated and a convert who converted among the gentiles and never learned the halakhot of Shabbat. However, one who once knew of the essence of Shabbat and ultimately forgot is liable for each and every Shabbat, as we learned in the mishna with regard to one who knows the essence of Shabbat. The Gemara seeks to clarify this approach. We learned in our mishna: One who forgets the essence of Shabbat. Doesn’t this phrase indicate by inference that he was aware of Shabbat originally? In order to forget one must have previously been aware. This poses a difficulty to the opinion of Rav and Shmuel. The Gemara refutes this: No, what is the meaning of: One who forgets the essence of Shabbat? That the essence of Shabbat was always forgotten from him, i.e., he never knew it. The Gemara further asks: However, based on that understanding, in the case of one who knew the essence of Shabbat and ultimately forgot, what is the halakha? Is he liable for each and every Shabbat? If so, instead of the mishna teaching the next halakha: One who knows the essence of Shabbat and performs many labors on multiple Shabbatot is liable to bring a sin-offering for each and every Shabbat, let it teach: One who knew the essence of Shabbat and ultimately forgot and, all the more so, one who knows the essence of Shabbat would be liable for each Shabbat. The Gemara answers: According to the opinion of Rav and Shmuel, what is the meaning of the phrase: One who knows the essence of Shabbat? One who once knew the essence of Shabbat and has now forgotten it. The Gemara raises another difficulty: But if he did not forget the essence of Shabbat, and he knows that today is Shabbat, what would the halakha be? Certainly he would be liable for each and every prohibited labor. If so, instead of teaching the halakha: One who knows that it is Shabbat and performs many labors on multiple Shabbatot is liable for each and every labor, let the mishna teach the halakha: One who knows the essence of Shabbat is liable for each and every labor that he performs and all the more so that one who is aware that today is Shabbat would be liable for each labor. Rather, when our mishna refers to forgetting, it is referring to a case where he knew and ultimately forgot. And the case described by Rav and Shmuel also has the same legal status as one who knew and ultimately forgot. And it was stated as follows: It was Rav and Shmuel who both said: Even a child who was taken captive among the gentiles and a convert who converted among the gentiles have the same legal status as one who knew and ultimately forgot, and they are liable to bring a sin-offering for their unwitting transgression, even though they never learned about Shabbat. And it was Rabbi Yoḥanan and Rabbi Shimon ben Lakish who both said: He is liable to bring a sin-offering specifically if he knew of the essence of Shabbat and ultimately forgot. However, a child who was taken captive among the gentiles and a convert who converted among the gentiles are exempt from bringing a sin-offering. They have the legal status of one who performed the prohibited labor due to circumstances beyond his control. The Gemara raises an objection from that which was taught in a baraita: They stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who does not know that there is a mitzva of Shabbat in the Torah, and performs many prohibited labors on multiple Shabbatot is liable to bring only one sin-offering. How so? With regard to a child who was taken captive among the gentiles and a convert who converted among the gentiles and does not know the essence of Shabbat; and if he performed many prohibited labors on multiple Shabbatot, he is only liable to bring one sin-offering for all his unwitting transgressions. And he is liable to bring one sin-offering for all the blood he unwittingly ate before he learned of the prohibition; and one sin-offering for all the forbidden fat that he ate; and one for all the idolatry that he worshipped. And Munbaz, one of the Sages, deems him exempt from bringing any sacrifice. And Munbaz deliberated before Rabbi Akiva as follows: Since one who commits a transgression intentionally is called a sinner in the Torah and one who commits a transgression unwittingly is called a sinner, just as one who commits the transgression intentionally is liable for punishment only in a case where he had prior knowledge that it was prohibited, so too, one who commits the transgression unwittingly is liable to bring a sin-offering only in a case where he had prior knowledge. However, the action of one who had no prior knowledge at all is not considered unwitting; rather, it has the same legal status as an action performed due to circumstances beyond one’s control, and he is completely exempt. Rabbi Akiva said to him: I will elaborate upon your statement and follow your reasoning to its logical conclusion and thereby test the validity of your reasoning. If so, just as one who commits the transgression intentionally is liable for punishment only in a case where he had the awareness that he was sinning at the time that he performed the action, so too, with regard to one who commits the transgression unwittingly, say that he is only liable to bring a sin-offering in a case where he had awareness that he was sinning at the time that he performed the action. If that is the case, it is no longer an unwitting transgression. Munbaz said to him: Yes, there is nothing unusual about that. In my opinion it is correct and all the more so now that you have elaborated upon my statement. Awareness at the time that one is performing the action is one of the criteria of my definition of an unwitting transgression, as will be explained below. Rabbi Akiva said to him: According to your statement, since while performing the action one is aware that it is prohibited, his action is not called unwitting; rather, it is a full-fledged intentional transgression. Returning to our issue: In any case, as an example of one who forgot the essence of Shabbat, it was taught: How so? A child who was taken captive. Granted, according to the opinion of Rav and Shmuel it works out well, as they consider the legal status of a child taken captive equal to that of one who unwittingly forgot the essence of Shabbat. However, according to the opinion of Rabbi Yoḥanan and Rabbi Shimon ben Lakish, who consider the legal status of a child taken captive equal to that of one who committed the action due to circumstances beyond his control and is therefore exempt, it is difficult because he is liable to bring a sin-offering according to the opinion of the Rabbis in the baraita. Rabbi Yoḥanan and Rabbi Shimon ben Lakish could have said to you: Isn’t there the opinion of Munbaz who deemed him exempt in that case? We stated our opinion in accordance with the opinion of Munbaz. The Gemara asks: What is the rationale for the opinion of Munbaz? Is it based entirely upon the fact that the Torah refers to sinners, both intentional and unwitting, as sinners? The Gemara explains that the source for the opinion of Munbaz is as it is written: “The native of the children of Israel, and the stranger who lives among them, there shall be one law for you, for one who acts unwittingly” (Numbers 15:29), and adjacent to it is the verse: “And the person who acts with a high hand, whether a native or a stranger, he blasphemes God, and that soul shall be cut off from the midst of his people” (Numbers 15:30). The Torah juxtaposes unwitting transgression to intentional transgression. Just as one who commits the transgression intentionally is only liable in a case where he had prior knowledge, so too, one who commits the transgression unwittingly is only liable in a case where he had prior knowledge. The Gemara asks: And what do the Rabbis do with the juxtaposition derived from that verse: One law? The Gemara answers: They require it for that which Rabbi Yehoshua ben Levi taught his son. It is written: “There shall be one law for you, for one who acts unwittingly.” And it is written: “And if you err, and do not perform all these commandments that God spoke to Moses” (Numbers 15:22). The Sages understood this verse as referring specifically to the laws of idolatry. And it is written: “And the person who acts with a high hand, he blasphemes God and that soul shall be cut off from the midst of his people” (Numbers 15:30), from which we learn that all the mitzvot are derived from this juxtaposition to idolatry. Just as there, with regard to idolatry, the reference is to a matter which, for its intentional violation, one is liable to be punished with karet, as it is stated: “And that soul shall be cut off,” and for its unwitting violation one is liable to bring a sin-offering; so too, any matter that for its intentional violation one is liable to be punished with karet, for its unwitting violation one is liable to bring a sin-offering. The Gemara asks: However, according to Munbaz, who holds that included in the category of an unwitting sinner is one who at the time of action was aware that it was prohibited; if he were fully aware, in what sense was his action unwitting? The Gemara answers: It is referring to a case where he was unwitting with regard to the sacrifice. He was aware that he was committing a transgression for which one is liable to be punished with karet when performed intentionally; however, he was unaware that he would be liable to bring a sin-offering if he performed the transgression unwittingly. Since he was not aware of all punishments and forms of atonement associated with that transgression, he is considered an unwitting sinner and is liable to bring a sin-offering. The Gemara asks: And what do the Rabbis who disagree with Munbaz hold? They hold: Unwitting with regard to a sacrifice is not considered unwitting. The Gemara asks: And in the opinion of the Rabbis, lack of awareness with regard to what aspects of the prohibition renders the action unwitting? Rabbi Yoḥanan said: It is an unwitting transgression since he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition, and he performed the transgression intentionally. And Reish Lakish said that according to the Rabbis it is not considered unwitting until he was unwitting with regard to both the prohibition and karet, i.e., he was unaware that his action was prohibited by Torah law. Rava said: What is the reason for the opinion of Rabbi Shimon ben Lakish? The verse said: “And if one soul shall sin by mistake from the common people, by performing one of God’s commandments that may not be done, and he becomes guilty” (Leviticus 4:27), indicating that it is not considered unwitting until he was unwitting with regard to the prohibition and its concomitant karet. The verse indicates that the individual was unaware that he violated “one of the commandments that may not be done,” i.e., that there is a Torah prohibition with regard to that action. The Gemara asks: And what does Rabbi Yoḥanan do with that verse cited as proof by Rabbi Shimon ben Lakish? The Gemara answers: He needs it for that which was taught in a baraita: The phrase: “From the common people” (Leviticus 4:27) teaches that only some sinners, not all, bring sacrifices for their unwitting sins. It comes to exclude an apostate. When an apostate sins unwittingly, he is under no obligation to bring a sin-offering even after he repents. Rabbi Shimon ben Elazar says in the name of Rabbi Shimon: This halakha is derived from the phrase in that verse: “That may not be done, and he becomes guilty.” One who repents due to his awareness, i.e., one who repents as soon as he becomes aware that he performed a transgression, brings a sacrifice for his unwitting transgression. However, one who does not repent due to his awareness that he sinned, e.g., an apostate who continues to sin even after he becomes aware that he committed a transgression, does not bring an offering for his unwitting action. Rabbi Yoḥanan understood the verse in accordance with the opinion of Rabbi Shimon ben Elazar. The Gemara cites proof from what we learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? Isn’t merely listing the prohibited labors sufficient? And Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Therefore, the mishna indicated that one could conceivably be liable to bring thirty-nine sin-offerings. Under what circumstances can you find a case where one would be liable for unwittingly violating all thirty-nine labors? It must be in a case where with regard to Shabbat his actions were intentional, as he was aware that it was Shabbat; and with regard to the prohibited labors his actions were unwitting, as he was unaware that these labors are prohibited on Shabbat. Granted, according to Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition, and he performed the transgression intentionally, he is considered to have sinned unwittingly, you find that possibility in a case where he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, according to Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. If so, when Rabbi Yoḥanan said that the case where one would be liable to bring thirty-nine sin-offerings is one where with regard to Shabbat, his actions were intentional as he was aware that it was Shabbat, the question arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva. According to Rabbi Akiva, the prohibition to go beyond a certain distance outside the city limits on Shabbat is by Torah law and not merely a rabbinic decree. The Gemara asks: Who is the tanna who taught this baraita? As the Sages taught: If one acted unwittingly with regard to both this, the fact that it is Shabbat, and that, the specific prohibited labors, that is the case of unwitting transgression stated in the Torah. If one acted intentionally with regard to both this and that, that is the case of intentional transgression stated in the Torah. If one acted unwittingly with regard to Shabbat and intentionally with regard to the labors, i.e., he forgot that it was Shabbat, but he was aware that those labors are prohibited when it is Shabbat; or if one acted unwittingly with regard to the labors and intentionally with regard to Shabbat, i.e., he was unaware that these labors are prohibited, but he was aware that labor is prohibited on Shabbat, or, even if he said: I know that this labor is prohibited on Shabbat; however, I do not know whether or not one is liable to bring a sacrifice for its performance, he is liable to bring a sin-offering like anyone who sins unwittingly. In accordance with whose opinion is this baraita? It is in accordance with the opinion of Munbaz, who holds that one is considered an unwitting sinner even in a case where he was unwitting only with regard to the sacrifice. Abaye said: Everyone agrees with regard to an oath on a statement, a case where one swore to prohibit or to obligate himself to perform an action, that the halakha is as follows: If he violates his oath he is only liable to bring an offering if he was unwitting with regard to its prohibition, i.e., he was unaware that it is prohibited by Torah law to violate an oath. The Gemara asks: To whose opinion is Abaye referring in the phrase: Everyone agrees? Certainly, it is the opinion of Rabbi Yoḥanan with regard to the opinion of the Rabbis in their dispute with Munbaz. Even though Rabbi Yoḥanan generally holds that the fact that one is unwitting with regard to karet is sufficient to render his action unwitting, the case of an oath is different. The Gemara asks: In the case of an oath, it is obvious that he would agree. When Rabbi Yoḥanan says that one need not be unwitting with regard to the prohibition, it is in a case where there is a prohibition punishable by karet; however, here, where there is no punishment of karet, Rabbi Yoḥanan would not say so. Obviously, he agrees that one must be unwitting with regard to the prohibition. There appears to be nothing new in Abaye’s statement. The Gemara explains: It might enter your mind to say the following: Since the obligation to bring an offering in the case of the oath is a novel halakha, as throughout the whole Torah in its entirety we do not find a prohibition for whose unwitting violation one is liable to bring an offering and for whose intentional violation is not punishable by karet; and here, one is liable to bring an offering for its unwitting violation, I might have said that if he was unwitting, i.e., unaware that he would be obligated, with regard to the offering, let him be liable also according to the Rabbis, who disagree with Munbaz. Therefore, Abaye teaches us that this is not so. The Gemara raises an objection from a baraita: What is an unwitting violation of an oath on a statement relating to the past? What is an example of one who unwittingly swore falsely with regard to an incident that occurred in the past? It cannot be a case where he forgot the incident, as in that case he is exempt from bringing an offering. It is a case where if he said: I know that taking this false oath is prohibited, but I do not know whether or not one is liable to bring an offering for swearing falsely, he is liable to bring an offering for an unwitting transgression. Apparently, with regard to an oath on a statement, unwitting with regard to the sacrifice renders the action unwitting. The Gemara rejects this: In accordance with whose opinion is this mishna? It is the opinion of Munbaz. In his opinion, one who commits a transgression while unaware whether or not one is liable to bring an offering if he performs that transgression unwittingly is considered to have performed the transgression unwittingly. There is another version of the discussion of Abaye’s statement where, after quoting the halakha with regard to an oath on a statement, the question was raised: In accordance with whose opinion is this mishna? If you say it is in accordance with the opinion of Munbaz, that is obvious: Now, if throughout the entire Torah where there is no novelty in the obligation to bring an offering, he said that unwitting with regard to an offering is considered unwitting; here, where there is a novelty and the offering in the case of an oath on a statement is more significant than other sin-offerings, certainly unwitting with regard to the offering should be considered unwitting. Rather, is it not the opinion of the Rabbis, and this is a conclusive refutation of the opinion of Abaye? The Gemara concludes: Indeed, it is a conclusive refutation. And Abaye said: Everyone agrees with regard to teruma that one is only liable to add a payment of one-fifth the value of the teruma for eating it unwittingly if he is unwitting with regard to its prohibition. The Gemara asks: To whose opinion is Abaye referring in the phrase: Everyone agrees? Certainly, it is the opinion of Rabbi Yoḥanan. Even though, in general, he holds that unwitting with regard to karet is sufficient to render the action unwitting, the case of teruma is different. The Gemara asks: In the case of teruma, it is obvious that he would agree. When Rabbi Yoḥanan says that one need not be unwitting with regard to the prohibition, it is in a case where there is a prohibition punishable by karet; however, here, where there is no punishment of karet, Rabbi Yoḥanan would not say so. The Gemara answers that nonetheless Abaye introduced a novel element: Lest you say that since one who intentionally eats teruma is subject to death at the hand of Heaven, perhaps death stands in place of karet. And where he was unwitting with regard to the punishment of death for this sin, he should also be liable to pay the added fifth as one who performed the transgression unwittingly because his case is analogous to one who is considered unwitting due to lack of awareness of karet. Therefore, Abaye teaches us that it is not so. Rava said: Indeed, death stands in place of karet and the added one-fifth stands in place of a sacrifice. One who is unwitting with regard to death at the hand of Heaven and the added fifth has the same legal status as one who is unwitting with regard to karet and an offering. Rav Huna said: One who was walking along the way or in the desert, and he does not know when Shabbat occurs, he counts six days from the day that he realized that he lost track of Shabbat and then observes one day as Shabbat. Ḥiyya bar Rav says: He first observes one day as Shabbat and then he counts six weekdays. The Gemara explains: With regard to what do they disagree? One Sage, Rav Huna, held: It is like the creation of the world, weekdays followed by Shabbat. And one Sage, Ḥiyya bar Rav, held: It is like Adam, the first man, who was created on the sixth day. He observed Shabbat followed by the six days of the week. The Gemara raises an objection to the opinion of Ḥiyya bar Rav from a baraita: If a person was walking along the way and does not know when Shabbat occurs, he observes one day for every six. What, does this not mean that he counts six and then observes one day in accordance with the opinion of Rav Huna? The Gemara rejects this: No, it could also mean that he observes one day and then counts six. The Gemara asks: If so, if that is what the baraita meant, why employ the phrase: He observes one day for six? It should have stated: He observes one day and counts six. And furthermore, it was taught in a baraita: If one was walking along the way or was in the desert, and he does not know when Shabbat occurs, he counts six days and observes one day. That is a conclusive refutation of the opinion of Rabbi Ḥiyya bar Rav. The Gemara concludes: Indeed, it is a conclusive refutation of the opinion of Ḥiyya bar Rav. Rava said: The person who lost track of Shabbat and treats one day a week as Shabbat, each day he makes enough food to sustain himself, except for that day which he designated as Shabbat. The Gemara asks: And on that day let him die? Rather, it means that the day before he makes twice the amount of food that he prepared on the other days to sustain him for that day and the following day. The Gemara asks: And perhaps the day before was actually Shabbat? In that case, not only did he perform labor on Shabbat, but he also performed labor on Shabbat in preparation for a weekday. Rather, on each and every day he makes enough food to sustain himself for that day, including on that day that he designated as Shabbat. And if you ask: And how is that day which he designated as Shabbat distinguishable from the rest? It is distinguishable by means of the kiddush and the havdala that he recites on that day. Rava said: If he had partial knowledge of the day on which he left, i.e., he does not recall what day of the week it was but he does recall the number of days that passed since he left, every week he can perform labor throughout the day of his departure, since he certainly did not leave his house on Shabbat. The Gemara asks: That is obvious, and what novel element was introduced here? The Gemara answers: Lest you say, since he did not leave on Shabbat, he also did not leave on Friday, and this person, even if he left on Thursday, should be permitted to perform labor for two days, the eighth day and the ninth day from his departure, the same day of the week that he left and the following day. Therefore, Rava teaches us that at times one finds a convoy and happens to leave on a journey even on Friday. Therefore, he is not permitted to perform labor on the day of the week following the day of his departure. We learned in the mishna that there is a difference in halakha between one who knows the essence of Shabbat and one who does not know it. The Gemara asks: From where in the Torah are these matters derived? Rav Naḥman said that Rabba bar Avuh said: Two verses are written. One states: “And the children of Israel observed the Shabbat, to perform the Shabbat through their generations, an everlasting covenant” (Exodus 31:16). And it is written: “And you shall observe My Shabbatot and you shall revere My Sanctuary, I am God” (Leviticus 26:2). How is it that Shabbat is in the singular in one verse, while in the other it is in the plural [Shabbatot]? It should be understood as follows: “And the children of Israel observed the Shabbat”: One observance for multiple Shabbatot. If one commits several transgressions, in certain cases he is only liable to bring one sacrifice. “And you shall observe My Shabbatot”: One observance for each and every Shabbat. In certain cases, one is liable to bring a sin-offering for each time that he unwittingly desecrated Shabbat. Rav Naḥman bar Yitzḥak strongly objects: On the contrary, the opposite is reasonable. “And the children of Israel observed the Shabbat”: One observance for each and every Shabbat. “And you shall observe My Shabbatot”: One observance for multiple Shabbatot. In any case, Rav Naḥman bar Yitzḥak also holds that the halakha of our mishna is derived from comparing and contrasting these two verses. We learned in the mishna that there is a difference between one who is aware that the day is Shabbat and performs labor and one who forgets the essence of Shabbat and performs prohibited labors. The Gemara asks: What is different about the former clause, which states that he in only liable to bring one sin-offering for each Shabbat, and the latter clause, which states that he is liable for each and every primary category of labor that he performed? Rav Safra said: Here, where he is unaware that the day was Shabbat, when he realizes that he sinned, it is due to awareness of Shabbat that he desists. When he is told that it was Shabbat, he stops immediately. And here, where he is unaware that the labors are prohibited, it is due to awareness of the labors that he desists. When he is told that this labor is prohibited, he stops immediately. Rav Naḥman said to Rav Safra: Does he desist due to Shabbat for any reason other than because he knows that the labors are prohibited? If he did not know that the labor is prohibited, telling him that it is Shabbat would not cause him to desist. And similarly, does he desist from performing the labors when told that it is prohibited for any reason other than because he knows that it is Shabbat? If he did not know that it was Shabbat, there would be no reason for him to desist from labor. Ostensibly, attributing the distinction between the two parts of the mishna to what eventually became known to him in the different cases is incorrect. Rather, Rav Naḥman said: The offering that the Torah obligated him to bring; for what is he so obligated? It is for performing an unwitting transgression. There, where he was unaware that the day was Shabbat, he was unwitting with regard to one matter; here, where he was unaware of the prohibited labors, he was unwitting with regard to multiple matters, and he is liable to bring sin-offerings in accordance with the number of matters of which he was unaware. We learned in the mishna that one is liable to bring a sin-offering for each prohibited labor that he performs on Shabbat. The Gemara asks: From where do we derive the division of labors? What is the source of the halakha that if one performs numerous prohibited labors on Shabbat in the course of one lapse of awareness, each prohibited labor is considered a separate offense with regard to punishment? Shmuel said that the verse says: “And you shall observe the Shabbat, for it is holy to you; he who desecrates it shall surely die [mot yumat]” (Exodus 31:14). We learn from the double language, mot yumat, that the Torah amplified multiple deaths for a single desecration. Although several violations were committed in the course of a single lapse of awareness, each is considered a separate offense with regard to punishment. The Gemara asks: That verse was written with regard to intentional transgression. The Gemara is seeking a source for multiple sacrifices brought for unwitting transgression. The Gemara answers: If it does not refer to the matter of intentional transgression, as the verse does not teach a halakha applicable to intentional acts, as it was already written: “Six days you shall perform work, and on the seventh day it shall be holy to you, a Shabbat of rest to God; all who desecrate it shall die” (Exodus 35:2), refer it to the matter of unwitting transgression. The verse teaches that that which was written with regard to the death penalty for desecration of Shabbat in general applies to all halakhot of Shabbat, including cases of unwitting transgression. And what, then, is the meaning of the term: Shall die, in the verse? Does it mean that one who commits an unwitting transgression is punishable by death? It means that he shall die by payment of money. Death is used in the sense of punishment; he will be forced to pay for numerous sacrifices to atone for his sins. The Gemara asks: And let him derive division of labors from where it was derived according to Rabbi Natan, as it was taught in a baraita that Rabbi Natan says that it is written: “You shall not kindle fire in all your dwellings on the day of Shabbat” (Exodus 35:3). Why does the verse state this halakha? The prohibition against kindling is included in the general prohibition against performing labor on Shabbat. Rather, it should be understood as follows. Since it is already stated: “And Moses gathered the entire assembly of the children of Israel and said to them: These are the things [eleh hadevarim] that God has commanded to perform them. Six days you shall perform work, and on the seventh day it shall be holy to you, a Shabbat of rest to God” (Exodus 35:1–2), and Rabbi Natan derives as follows: “These are the things,” which refers to the halakhot of Shabbat, there are emphases in this phrase that are superfluous in the context of the verse. The Torah could have simply stated: This is a thing [davar]. When it states: Things [devarim] in the plural, it teaches at least two points. The addition of the definite article: The things [hadevarim], adds at least a third point. The numerological value of letters of the word eleh: Alef, one; lamed, thirty; and heh, five, is thirty-six. The total numerical value, three plus thirty-six, derived from the phrase: “These are the things.” This alludes to the thirty-nine prohibited labors that were stated to Moses at Sinai. I might have thought that if one performed them all in the course of one lapse of awareness, forgetting that they are prohibited, he would be liable to bring only one sin-offering? Therefore, the verse states: “Six days you shall work, and on the seventh you shall rest; in plowing time and in harvest time you shall rest” (Exodus 34:21), indicating that there are prohibitions specific to both plowing and harvesting. And still I can say: For plowing and for the harvesting he is liable to bring two sin-offerings, as they were stated explicitly. However, for performing all the other prohibited labors, he is liable for only one. Therefore, the verse states: “You shall not kindle fire in all your dwellings on the day of Shabbat” (Exodus 35:3). This is derived in the following manner: Kindling was included in the general prohibition prohibiting all labors, and why was it singled out and prohibited explicitly? It was singled out in order to equate the other labors to it and to tell you: Just as kindling is a primary category of prohibited labor, and one is liable for performing it on its own, so too, with regard to every primary category of prohibited labor, one is liable for performing it on its own. Rabbi Natan cited a source proving that there is liability for performance of each prohibited labor of Shabbat on its own. Why doesn’t Shmuel derive that halakha from the same source? The Gemara answers: Shmuel holds in accordance with the opinion of Rabbi Yosei, who disagreed with Rabbi Natan’s interpretation of the verse, as Rabbi Yosei said: The prohibition against kindling on Shabbat was singled out to teach that one who lights a fire on Shabbat merely violates a prohibition. Performing other primary categories of prohibited labor is punishable by stoning or karet. In contrast, one who lights a fire on Shabbat has merely violated a prohibition, as it was taught in a baraita: The prohibition of kindling was singled out as a prohibition; this is the statement of Rabbi Yosei. Rabbi Natan says: Kindling is like any other labor prohibited on Shabbat. It was singled out to divide the various labors and to establish liability for performance of each of them. The Gemara raises an additional challenge to Shmuel’s opinion. If he holds in accordance with the opinion of Rabbi Yosei with regard to the explicit prohibition of kindling, let him derive the division of labors from where Rabbi Yosei derives it. As it was taught in a baraita that Rabbi Yosei says, it is stated: “Speak to the children of Israel, saying: A soul that sins in error, from all the commandments of God that may not be performed, and performs from one of them [me’aḥat me’hena]” (Leviticus 4:2). Rabbi Yosei interprets the verse that at times one is liable to bring one sin-offering for all of his transgressions, and at times one is liable to bring a sin-offering for each and every transgression. And Rabbi Yosei, son of Rabbi Ḥanina, said: What is the rationale for the opinion of Rabbi Yosei? He interprets the unique phrase employed in that verse: From one of these. The Torah could have merely stated: One [aḥat]. Instead, it stated: From one [me’aḥat]. It could have merely stated: Them [hena]. Instead, it stated: Of them [me’hena]. Rabbi Yosei derives that there are cases of one transgression that, with regard to punishment, are them, i.e., many. And there are cases of them, several transgressions, that, with regard to punishment, are one. Furthermore: The term one refers to a full-fledged transgression of Shabbat, e.g., one who intended to and wrote a complete name, Shimon. The term from one refers to a case where he performed only part of the transgression, e.g., one who wrote only shem, part of the word, the letters shin and mem, from Shimon. Them refers to one who performed the primary categories of labor. Of them refers to one who performed subcategories of prohibited labors. One that is them refers to one transgression with multiple punishments, as in a case where his action was intentional with regard to Shabbat in that he was aware that it was Shabbat, and his action was unwitting with regard to the prohibited labors in that he was unaware that the labors were prohibited. In that case, he is liable for each primary category of labor. Them that are one refers to several transgressions with one punishment, as in a case where his action was unwitting with regard to Shabbat in that he was unaware that it was Shabbat, and his action was intentional with regard to the prohibited labors in that he was aware that the labors were prohibited. In that case, he is liable to bring only one sin-offering. Apparently, Rabbi Yosei has a source for the division of Shabbat labors. Why doesn’t Shmuel derive the halakha from that source? The Gemara answers: Shmuel did not derive one that is them and them that are one from the verse. Rava raised a dilemma before Rav Naḥman: What is the halakha if a person had a lapse of awareness of both this, Shabbat, and that, a particular labor? He said to him: He had a lapse of awareness with regard to Shabbat and is liable to bring only one sin-offering. Rava said to him: On the contrary, he had a lapse of awareness with regard to prohibited labors, and he should be liable for each and every labor that he performed. Rather, Rav Ashi said: We see, if it is due to awareness of Shabbat that he desists from performing the labor when he is told what day it is, then, apparently, it was a lapse of awareness with regard to Shabbat, and he is liable for only one. And if it is due to awareness of the prohibited labor that he desists, then, apparently, it was a lapse of awareness with regard to the labors and he is liable for each and every one. Ravina said to Rav Ashi: Does he desist due to Shabbat for any reason other than because he knows that the labors are prohibited? And similarly, does he desist from performing the labors when told that it is prohibited for any reason other than because he knows that it is Shabbat? When one desists from labor when he is told that it is Shabbat, it is because he understands that the labor he is performing is prohibited on Shabbat. Similarly, when one desists from his labor when he is told that the labor is prohibited, it is because he understands that the day is Shabbat. Rather, there is no difference between the cases, and in both he is considered unwitting with regard to Shabbat. The Gemara further discusses the matter from a different perspective. We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? Isn’t merely listing the prohibited labors sufficient? And Rabbi Yoḥanan said: The tally was included to teach that if he performed all the prohibited labors in the course of one lapse of awareness during which he was unaware of the prohibition involved, he is liable for each and every one. Granted, if you say that one who had a lapse of awareness of both this and that is liable for each and every one, it works out well. However, if you say that since one who had a lapse of awareness of this and that had a lapse of awareness with regard to Shabbat, and he is liable to bring only one sin-offering, under what circumstances can you find a case where one would be liable for unwittingly violating all thirty-nine labors? It must be in a case where, with regard to Shabbat, his actions were intentional, as he was aware that it was Shabbat, and, with regard to the prohibited labors, his actions were unwitting, as he was unaware that these labors were prohibited on Shabbat. It works out well if he holds in accordance with the opinion of Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition and performed the transgression intentionally, he is considered to have sinned unwittingly. You find that possibility in a case where he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, if he holds in accordance with the opinion of Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. The question then arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva, who holds that that prohibition is by Torah law. Rava said: One who reaped and ground grain in the measure of a dried fig-bulk, the measure that determines liability for the labors of reaping and grinding on Shabbat, while in performing those actions he was unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He was unaware that it was Shabbat, but he was aware that the labors were prohibited. And he did not realize that he had sinned until he again reaped and ground grain in the measure of a dried fig-bulk, while in performing those actions he was intentional with regard to Shabbat and unwitting with regard to the prohibited labors. He was aware that it was Shabbat, but he was unaware that the labors were prohibited. And afterward he became aware that he had performed the labors of reaping and grinding while unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He set aside a sin-offering to atone for his sin, based on the principle that he need set aside only one sin-offering even though he performed two primary categories of labor in the same lapse of awareness. And afterward he became aware that he had performed the labors of reaping and grinding while intentional with regard to Shabbat and unwitting with regard to the prohibited labors. For performing two categories of prohibited labor unwittingly, reaping and grinding, one should be liable to bring two sin-offerings. Nevertheless, in that case, the sin-offering that atoned for the unwitting act of reaping, which he performed when his action was unwitting with regard to Shabbat, draws with it atonement for the second unwitting act of reaping, which he performed when his action was unwitting with regard to the prohibited labor, and for which he also was liable to bring a sin-offering. And similarly, the sin-offering that atoned for the unwitting act of grinding, which he performed when his action was unwitting with regard to Shabbat, draws with it atonement for the unwitting act of grinding, which he performed when his action was unwitting with regard to the prohibited labor. Since the offering was sacrificed after he had committed both transgressions, he attains atonement with one sacrifice, even though he performed several forms of the transgression in a single lapse of awareness. However, if the order of events in that case was different in that he became aware of reaping performed when his action was intentional with regard to Shabbat and his action was unwitting with regard to the prohibited labors, and he set aside an offering to atone for his unwitting transgression, and only afterward he became aware that he had performed the labors of reaping and grinding when his actions were unwitting with regard to Shabbat, the sin-offering that he brings for the reaping draws with it atonement for the previous reaping and the concomitant grinding. As far as the lapse of awareness with regard to Shabbat is concerned, reaping and grinding are considered like one sin, and atonement for one atones for the other. And the parallel grinding that he performed together with the latter reaping remains in its place, i.e., he does not attain atonement for that transgression. When he becomes aware of it, he brings a separate offering for atonement. Abaye said: Grinding also draws the latter grinding with it, as the designation of grinding is one. Since he attained atonement for one act of grinding, atonement is attained for the second act of grinding as well, as they were performed in one lapse of awareness, and he became aware only after the acts were completed. The Gemara asks: And is Rava of the opinion that atonement can be attained by means of drawing? Wasn’t it stated that there is a dispute with regard to that matter in a case where one unwittingly ate two olive-bulks of forbidden fat in one lapse of awareness, e.g., he ate two pieces of forbidden fat from different parts of an animal in the belief that they were permitted fat? One is liable to bring a sin-offering for that transgression. And in a case where he became aware that one of the olive-bulks was forbidden fat, and then ate a third olive-bulk while still in the midst of the lapse of awareness of the second piece of forbidden fat, i.e., he had not yet become aware that the second of the original olive-bulks was indeed prohibited and after eating the third olive-bulk, he became aware of both the second and the third pieces of fat. Rava said: If he brought a sacrifice for the first, atonement is attained for the transgressions of the first and second olive-bulks, since he ate both in one lapse of awareness. However, atonement is not attained for the third because awareness of the first olive-bulk interposes. If he brought a sacrifice for the third after he became aware that he had sinned, atonement is attained for the transgressions of the third and second, since both were performed in one lapse of awareness. However, atonement is not attained for the transgression of the first, which occurred in a separate lapse of awareness. If he brought a sacrifice for the middle one, atonement is attained for all, since both the first and third olive-bulks have a lapse of awareness common with the second. Abaye said: Even if he brought a sacrifice for any one of them, atonement is attained for all of them by means of drawing. Since he attained atonement for one of the olive-bulks, that atonement draws with it atonement for the other olive-bulks with which it shared a lapse of awareness. In any case, apparently Rava is not of the opinion that atonement draws with it atonement. How, then, does he say that atonement for reaping draws with it atonement for other acts of reaping? The Gemara answers: After he heard this halakha from Abaye, he adopted it. The Gemara raises a difficulty: If so, if Rava accepts the principle of drawing, by that same principle grinding should also draw with it grinding. The Gemara answers: There is a difference. Although he is of the opinion that atonement can be attained by means of drawing, he is not of the opinion that atonement that was attained through drawing can draw additional atonement through drawing. Atonement for the initial transgression of grinding was only attained by means of being drawn by the atonement for reaping. Rava holds that it cannot then proceed to draw atonement for the latter act of grinding. The Gemara comments: A matter that was obvious to Abaye and Rava was a dilemma for Rabbi Zeira. In a case where one’s action was intentional with regard to Shabbat and unwitting with regard to the labors, and in a case where one’s action was unwitting with regard to Shabbat and intentional with regard to the labors, he is liable to bring only one sin-offering for the unwitting violation of Shabbat. This was not obvious to Rabbi Zeira, as Rabbi Zeira raised a dilemma before Rabbi Asi, and others say that Rabbi Yirmeya raised a dilemma before Rabbi Zeira: If one reaped and ground grain in the measure of half a dried fig-bulk, and his action was unwitting with regard to Shabbat and intentional with regard to the prohibited labors. He is certainly not liable by Torah law because he reaped and ground less than the minimum measure for liability. And then he reaped or ground grain in the amount of half a dried fig-bulk and his action was intentional with regard to Shabbat and unwitting with regard to the prohibited labors, do they join together to constitute the minimum measure that determines liability to bring a sin-offering when he becomes aware that he sinned? He said to him: They are separate with regard to sin-offerings, i.e., if one reaped and ground the minimum measure that determines liability, he is liable to bring two sin-offerings, and therefore they do not join together to constitute the minimum measure. The Gemara asks: And wherever they are separate with regard to sin-offerings, do they not join together? Didn’t we learn in a mishna: If one ate one piece of forbidden fat and then ate another piece of forbidden fat, each larger than the measure for liability, in one lapse of awareness, he is liable to bring only one sin-offering? In the next case in the mishna, four items are listed. If one eats them unwittingly he is liable to bring a sin-offering. If he ate forbidden fat, and blood, and notar, sacrifices that remained after the time when they may be eaten has expired, and piggul, sacrifices that were invalidated due to inappropriate intent while being offered, in one lapse of awareness, he is liable to bring a sin-offering for each and every one. That is the stricture that applies to many types of prohibitions relative to one, the same, type. And this is the stricture of one type relative to many types: That if one ate half an olive-bulk, and then ate another half an olive-bulk from one type, he is liable because the two half measures join to constitute a single measure. And if he ate two halves of an olive-bulk from two types, he is exempt. And we discussed this mishna: When we learned of one who ate two halves of an olive-bulk from one type, was it necessary to say that he is liable? That is obvious. And Reish Lakish said in the name of the Sage, bar Tutni: With what are we dealing here? We are dealing with a case where he ate two halves of an olive-bulk from two dishes, where each half was prepared separately, and this is in accordance with the opinion of Rabbi Yehoshua, who said that dishes separate. One who eats two olive-bulks of prohibited food that was prepared in two different dishes in the course of one lapse of awareness is liable to bring a sin-offering for each one. Lest you say that Rabbi Yehoshua stated his opinion that dishes separate both as a leniency and as a stricture, and therefore one who ate two halves of an olive-bulk from two dishes would be exempt, the mishna teaches us that Rabbi Yehoshua did not state his opinion as a leniency. He stated his opinion as a stricture. But here, where they are separate with regard to the number of sin-offerings, i.e., according to Rabbi Yehoshua one who eats an olive-bulk from each of the two dishes is liable to bring two sin-offerings, and, nevertheless, the two halves of an olive-bulk from the two dishes join together and constitute a full measure and render him liable to bring a sin-offering. Rabbi Zeira said to Rabbi Yirmeya: The Master taught Reish Lakish’s response with regard to the first clause of the mishna, and it is difficult for him. We taught Reish Lakish’s response with regard to the latter clause of the mishna, and it is not difficult for us. When we learned in the latter clause of the mishna: One who ate two halves of an olive-bulk from two types, was it necessary to say that he is exempt? That is obvious. Reish Lakish said in the name of bar Tutni: Actually, it is referring even to a case where the prohibition was from one type of food. And why then does the mishna call it two types? Because he eats it in the two separate dishes in which it was prepared. And this ruling is in accordance with the opinion of Rabbi Yehoshua, who said that dishes separate. And this teaches us that Rabbi Yehoshua stated his opinion that dishes separate both as a leniency and as a stricture. The Gemara asks: From the fact that the latter clause is referring to one type of food and a case where the two halves of an olive-bulk were prepared in two dishes, as explained above, by inference, the first clause in the mishna is referring to one type of food and one dish. The problem is then more difficult. In a case where one ate two halves of an olive-bulk from one type of food and in one dish, was it necessary to say that he is liable? That is obvious. Rav Huna said: With what are we dealing here? We are dealing with a case where he had a period of awareness between eating the two half olive-bulks. After eating the first half of an olive-bulk, he became aware that he had eaten food that was prohibited. Then he became unaware again and ate the second half of an olive-bulk. Although, with regard to sacrifices, awareness usually serves as a line of demarcation between unwitting transgressions performed prior to the period of awareness and unwitting transgressions performed thereafter, the mishna is in accordance with the opinion of Rabban Gamliel who said: There is no awareness for half a measure. Since one is not liable to bring a sacrifice for half a measure, the fact that one became aware between consumption of the two halves of an olive-bulk is of no significance and does not demarcate between the two half-measures with regard to liability to bring a sin-offering. A dispute between amora’im was stated: With regard to one who ate two olive-bulks of forbidden fat in one lapse of awareness, and became aware of the transgression of eating the first olive-bulk, and then became aware of the transgression of eating the second, Rabbi Yoḥanan said: He is liable to bring two sin-offerings, one offering for each transgression. And Reish Lakish said: He is liable to bring only one. Both Sages cite proofs for their opinions. Rabbi Yoḥanan said that he is liable as it is stated: “And he shall offer for his sin that he sinned…and he shall bring the ox” (Leviticus 4:3-4), indicating that he is liable to bring a separate sacrifice for each sin. And Reish Lakish said he is exempt, as it is stated: “And the priest shall atone for him from his sin, and it shall be forgiven for him” (Leviticus 4:26), indicating that even if he atoned from his sin, i.e., for part of his sin and not all of his sin, the entire transgression is forgiven. The Gemara asks: And how can Reish Lakish say that one sin-offering is sufficient? Isn’t it written: “For his sinand he shall bring”? The Gemara answers: That verse refers to a case where he only became aware of the second sin after attaining atonement for the first. However, if he became aware prior to atonement, he is required to bring only one sin-offering. The Gemara asks: And Rabbi Yoḥanan, too, how can he say that one is liable to bring two sin-offerings? Isn’t it written: “From his sin, and it shall be forgiven for him? The Gemara answers: According to Rabbi Yoḥanan, with what are we dealing here? It is a case where one ate an olive-bulk and a half, and he became aware of his transgression of eating a single olive-bulk, and then he ate another half of an olive-bulk in the course of the lapse of awareness of the second half of an olive-bulk that he ate together with the whole olive-bulk. Lest you say that the two halves of an olive-bulk should join together, and he is liable to bring an additional sin-offering, the verse teaches us that in that case he is exempt because he has already atoned for part of his transgression. Ravina said to Rav Ashi: In the dispute between Rabbi Yoḥanan and Reish Lakish, they disagree in a case where one became aware of the second transgression prior to designating an animal for the first sin-offering, and this is the point over which they disagree: That one Sage, Rabbi Yoḥanan, holds that periods of awareness separate. Since one became aware of his sins at two different stages, he is liable to bring two sin-offerings. And one Sage, Reish Lakish, holds that only designations of animals for sacrifices separate. However, if one became aware of the second transgression after designation of the animal for the first sin-offering, Reish Lakish agrees with Rabbi Yoḥanan that he is liable to bring two sin-offerings. Or, perhaps they are disagreeing in a case where he became aware of the second sin after designating an animal for the first sin-offering, and this is the point over which they disagree: That one Sage, Rabbi Yoḥanan, holds that designations separate; and one Sage, Reish Lakish, holds that only atonements separate. Only after the sin-offering has been sacrificed on the altar and the sinner has obtained atonement can it be said that the sacrifice’s capacity to atone is spent and cannot atone for a sin of which he became aware afterward. However, if he became aware of the second sin prior to designation of the sacrifice, Rabbi Yoḥanan agrees with Reish Lakish that he is liable to bring only one sin-offering. Or, perhaps, the dispute between them is both in this case, before designation, and in that case, after designation. Rav Ashi said to him: It is reasonable to say that the dispute is both in this case and in that case. As, should it enter your mind that they disagree only in a case where he became aware of the second sin prior to designation of an animal for the first sin-offering, and in a case where he became aware after designation Reish Lakish agrees with Rabbi Yoḥanan that he is liable to bring two sin-offerings, then rather than establishing the verse that posed a difficulty to Reish Lakish’s opinion in a case where one became aware of the second sin after atonement for the first, let him establish it in a case where one became aware of the transgression after designation of an animal for the first sin-offering. And similarly, if you say that they disagree only in a case where he became aware of the second sin after designation, and in a case where he became aware prior to designation Rabbi Yoḥanan agrees with Reish Lakish that he is only liable to bring one sin-offering, then rather than establishing the verse that posed a difficulty to Rabbi Yoḥanan’s opinion in a case where he ate an olive-bulk and a half, let him establish it in a case where he became aware of the transgression prior to designation. Ravina does not accept this proof, as, in his opinion, it is flawed: And perhaps there is uncertainty with regard to this matter, and he spoke employing the style of: If you wish to say. If you wish to say that they disagree in a case where he became aware of the second sin prior to designation, then how does Rabbi Yoḥanan establish the verse? He establishes the verse in a case where one ate an olive-bulk and a half. And if you wish to say they disagree in a case where he became aware of the second sin after designation, then how does Reish Lakish establish the verse? He establishes the verse in a case where one became aware of the second sin after attaining atonement. Ulla said: According to the one who said that in order to designate a definite guilt-offering, a sacrifice brought by one who committed a robbery, misused sacred objects, or had relations with a designated maidservant, one does not require prior knowledge that he definitely sinned, one who had relations with a designated maidservant five times is only liable to bring one guilt-offering, even if he became aware of his transgression between each instance of relations with her. Because awareness is insignificant with regard to this sacrifice, it does not demarcate in terms of the number of guilt-offerings that he is liable to bring. Rav Hamnuna strongly objects to this halakha: But if what you say is so, one who had relations with a designated maidservant, and again had relations, and designated an animal for the offering, and said: Wait for me before sacrificing the offering until I have relations again, so that the guilt-offering will atone for this transgression as well, would you say that the same applies in that case too, that he is only liable to bring one guilt-offering? Ulla said to him: You referred to an action performed after designation of an animal for the guilt-offering. I did not say that halakha with regard to an action that was performed after designation. When Rav Dimi came from Eretz Yisrael to Babylonia, he said: According to the one who said that in order to designate a definite guilt-offering one requires prior knowledge that he definitely sinned, one who had relations five times with a designated maidservant is liable to bring a guilt-offering for each and every one. Because awareness is significant with regard to guilt-offerings, the awareness between the acts of cohabitation renders each a separate transgression. Abaye said to Rav Dimi: That is not so, as with regard to a sin-offering for which we require prior knowledge, Rabbi Yoḥanan and Rabbi Shimon ben Lakish disagree whether or not awareness following an unwitting sin demarcates one transgression from another. Rav Dimi was silent and had no response. In an attempt to resolve the problem, Abaye said to him: Perhaps you said your statement with regard to an act that the sinner seeks to commit after designating an animal as a guilt-offering but wants to attain atonement for by means of that same designated sacrifice. That statement is in accordance with the statement of Rav Hamnuna. Rav Dimi remembered and said to Abaye: Yes, that was what was originally stated. When Ravin came from Eretz Yisrael to Babylonia, he cited several disputes concerning the halakhot of guilt-offerings and said: Everyone agrees with regard to a designated maidservant, and everyone agrees with regard to a designated maidservant, and there is a dispute with regard to a designated maidservant. The Gemara elaborates: Everyone agrees with regard to a designated maidservant; one is liable to bring only one guilt-offering, even for many acts of cohabitation, in accordance with the opinion of Ulla. Ulla said that since prior knowledge is not required for liability to bring a guilt-offering, even if one became aware of his transgression between each time he had relations, he brings only one sacrifice. And everyone agrees with regard to a designated maidservant; one is liable for each and every act of cohabitation, if it occurred after designation of an animal for a guilt-offering for the previous transgression, in accordance with the opinion of Rav Hamnuna. And there is a dispute with regard to a designated maidservant; this refers to the one who said that, in order to designate a definite guilt-offering, one requires prior knowledge that he definitely sinned. In that case, the legal status of the guilt-offering is equal to that of the sin-offering and is the subject of a dispute between Rabbi Yoḥanan and Rabbi Shimon ben Lakish, who disagree whether awareness between two unwitting transgressions demarcates and requires two offerings. It was stated that amora’im disagreed with regard to the halakha in the following case:
קא משמע לן גמורה - כלומר: זו היא שנגמרו מניין מחיצות שלה, שיש לה מחיצות מכל צד, כגון חריץ, וכן גדר, דאמרינן מארבעה צדדין גוד אסיק פני המחיצה על ראשו, ונמצא ראשו מוקף מארבעה צדדין וחללו ארבעה, אבל דר' יהודה - לא נגמרו מחיצות שלה למניינן, ולאו רשות היחיד היא כלל.
It's LIKE one who is carying the object into the public domain > more than 4 amos and AS LONG AS that he doesn't put it down, he would be exempt and when he puts it down he is liable and even though IN BETWEEN (the two places) walking between (the place he picked it up) and between (the place he put it down). 4 amos form beginning to end> EXACT? amot if he would take it outside the 4 amot and put it here, that's moving it 4 complete amot ? on the side of the public domain> from private domain to public domain for example a courtyard that is BROKEN UP (open) on one end to public domain that is the place where the wall would have been is considered sides of the public domain. They argued about it rebbi eliezer and the rabbi's in eruvin (perek col gaggot) and the rabbi's say because there is not considered like a reshut harabim and even so where you take out from private domain to public domain that way you are liable. where they are stakes > that you BANG small nails in front of the wall they should up against the waggons and the carriages and we don't want these vehicles to rub up against the wall and knock it down did you ever that he say that it is a reshus harabim where there are stakes/spikes and even if you TAKE out to the public domain through this way you are liable. LATER ON we ask on account of these sea, valley did we not teach carmelit already (by those) above)? Not like the banners in the dessert (during the time of moshe) as it was not MADE for the going of the PUBLIC A lot of houses which are open to the courtyard and the courtyard is open to the public domain, and the occupants of the courtyard exit through the courtyard to the public domain one end is closed and the courtyard is open to it and the occupants of the courtyard are exiting through the alley to the public domain all the houses in the courtyard are TOGETHER (by an eruv) with bread and so in the subject of alley if it's the eruv chatzeirot that are open to the alley can be Together (in an eruv) because of the house that is set aide for one OWNER and the courtyard is an DOMAIN for everyone and we find the carrying fropm domain to domain even though BOTH OF them private domain, to make FENCE around the torah to DISTANCE in order exit private domain to public domain and these things are part of the categorizing (divinding) the 4 domains because whether eruv or not it's private domain and carrying from inside to the public domain you are liable. batel to the private domain and the public domain as long as you are not taking etc > you would treat the ossur of shabbos LIGHTLY lechatchila, to cause tohe carrying private domain to private domain and it;s decreed against, perhaps i would come to be mekel and take out directly from private doain to public domain. end of our discussion even though it's from the private domain as we said above in a fence of 10 high and 4x4 this will become a domain by itself and you can not take from the house to there and later on it will be explained opposite sides of the public domain
מבוי שהוא גבוה - מבוי שהוא סתום משלש צדדין וראשו פתוח לרשות הרבים, וחצירות פתוחות לו ויוצאות ובאות לרשות הרבים - הרי הוא רשות היחיד לבני חצירות, ואסרו חכמים להוציא מרשותו לרשות חבירו בלא עירוב, שהחצירות כל אחת רשות לעצמה, והמבוי רשות לכולן, והצריכו בו שיתוף - להשתתף כל החצירות בפת או ביין, ולהניח השיתוף באחת מן החצירות, ולפי שאין לו מחיצה רביעית, וקרוב הוא להיות דומה לרשות הרבים - הצריכו היכר בראשו הפתוח לרשות הרבים: או לחי זקוף, או קורה מכותל לכותל, ואם גבוה הקורה מעשרים אמה.
An alley ("mavoi") which is closed on three sides and its head is open to the public domain and courtyards are open to it and they lead to and from the public domain -- see, it is private domain for the people who live around those courtyards. The Sages close it [to prevent] exit from its [private] domain to the [public] domain without an eruv, for each courtyard is its own domain and the alley is the domain of all of them. So the Sages obligate [the residents of the adjoining courtyards] to form a fictitious partnership -- each [resident of] the adjoining courtyards partners [to buy] bread or wine and they place [the bread or wine] in the "shittuf" [the area created through the fictitious partnership] as one. And because it doesn't have a fourth partition and it [appears] very similar to the public domain -- [the Sages] obligated [the residents of the adjacent courtyards to place] an indication at the top of the opening [of the alley] into the public domain or to erect a stake [near the entrance] or [to hang] a beam from one wall to the other. If the beam is higher than twenty armslengths, they should lower it.
הררי קדם ג סימן יז, ב:
וא"כ צ"ב מ"ט הצריך רש"י כאן ד' מחיצות... ובאופן נוסף נראה לומר דבאמת חפצא של רשות המוקפת מחיצות הוא רק כשהרשות מוקפת מד' צדדים... והא דמהני גם היקף מג' רוחות היינו משום שגם בההיקף של ג' מחיצות סגי לההפסק של רגל רבים.
כרמלית
והכרמלית אטו כולהו נמי לאו כרמלית נינהו? כי אתא רב דימי אמר רבי יוחנן: לא נצרכה אלא לקרן זוית הסמוכה לרשות הרבים. דאף על גב דזימנין דדחקי ביה רבים ועיילי לגוה, כיון דלא ניחא תשמישתיה - כי כרמלית דמי. כי אתא רב דימי אמר רבי יוחנן: בין העמודין נידון ככרמלית. מאי טעמא - אף על גב דדרסי בה רבים, כיון דלא מסתגי להו בהדיא - ככרמלית דמיא. אמר רבי זירא אמר רב יהודה: איצטבא שלפני העמודים - נידון ככרמלית. למאן דאמר בין העמודים - כל שכן איצטבא, למאן דאמר איצטבא, איצטבא הוא דלא ניחא תשמישתיה, אבל בין העמודים דניחא תשמישתיה - לא.
The valley discussed in the mishna in Teharot is unusual, as it refers to a case where it has partitions that are ten handbreadths high surrounding it. And in accordance with that which Ulla said that Rav Yoḥanan said: An enclosure [karpef], a large courtyard that is not contiguous with the house and does not serve a direct purpose for the house, that is greater than a field that produces a crop of two se’a, that was not originally surrounded by a fence for the purpose of residence, but with a partition to protect his belongings, and even if it is as large as a field that produces a crop of one kor, thirty times the size of a se’a, and even two kor, it is still considered a private domain. And, consequently, one who throws an object into it from the public domain on Shabbat is liable. What is the reason for this? It is a partition that surrounds the enclosure and its legal status is like that of a partition in every sense, except that it is lacking residents. Even though the Rabbis were stringent with regard to this enclosure because of the lack of residents and prohibited carrying in it as if it were a karmelit, that does not negate its primary legal status; by Torah law it is a full-fledged private domain. The same is true with regard to the aforementioned valley. The valley is a large area surrounded by partitions erected for the purpose of protection and thereby assumes private domain status. The Gemara asks: Granted, in explanation of the mishna, Rav Ashi did not say in accordance with the opinion of Ulla, as he provided a reason for it. However, what is the reason that Ulla did not say in accordance with his own halakha that he cited in the name of Rabbi Yoḥanan? The Gemara answers: Ulla could have said to you: If the mishna is referring to a case where it has partitions, would it call that place a valley? It is an enclosure. The implication of the word valley is that there are no partitions at all. And Rav Ashi defends his opinion by saying: The language taught in the mishna is: The private domain and not a karmelit. Therefore, his explanation more closely approximates the language of the mishna. In the Tosefta, the list of places whose legal status is that of a karmelit also includes karmelit. The Gemara asks: Aren’t they, all the other places listed there, i.e., a sea, a valley, and a colonnade, a karmelit too? If so, what is this karmelit that is prominently mentioned here? The Gemara answers: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: This addition of karmelit was only necessary in order to teach the case of a corner adjacent to the public domain, where, although at times the multitudes push their way in and enter it, since its use is inconvenient it is considered a karmelit. Similarly, when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Between the pillars alongside the public domain is judged like a karmelit. What is the reason for this? Although the multitudes stride there, since they cannot walk in it in a direct manner, uninterrupted, it is considered like a karmelit. Rabbi Zeira said that Rav Yehuda said: The same is true for the bench that is before the pillars upon which the merchants place their wares; it is judged to be like a karmelit. The Gemara comments: According to the one who said that between the pillars is considered like a karmelit, all the more so a bench is considered a karmelit. However, according to the one who said that a bench is a karmelit, one could say that that is so specifically with regard to a bench because its use is inconvenient. However, the space between the pillars, whose use is convenient, would not be considered a karmelit. Another version of that statement: However, between the pillars where, at times, the multitudes stride there is considered like the public domain. With regard to the question to what degree does the use of the multitudes determine whether a specific place is considered a public domain, the Gemara cites the halakha that Rabba bar Sheila said that Rav Ḥisda said: If an upright brick was placed in the public domain and one threw an object from a distance of four cubits and he stuck the object to its side, he is liable for throwing in the public domain. But if the object landed atop the brick, he is not liable. Because the multitudes do not step on the brick, it is not a full-fledged public domain. It was Abaye and Rava, who both said: And that is specifically when that brick is at least three handbreadths high, as then the multitudes do not step on it, and, therefore, even though the brick is standing in the public domain, it is considered an independent domain. However, thorns and shrubs, even though they are not three handbreadths high, are not considered part of the public domain. Since people do not walk on thorns, those areas cannot be considered part of the public domain. And Ḥiyya bar Rav said: Even the place where there are thorns and shrubs in the public domain, if they were low, the place is considered part of the public domain. However, a place in the public domain where there are feces is not considered part of the public domain, as people do not walk there. And Rav Ashi said: Even a place in the public domain where there are feces is considered part of the public domain, since ultimately people who are rushing to work do not take care to avoid it and will step on it. Rabba from the school of Rav Sheila said: When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: There is no karmelit less than four handbreadths. And Rav Sheshet added and said: And the karmelit extends up to ten handbreadths. With regard to the formulation of Rav Sheshet, the Gemara wondered: What is the meaning of the phrase: And extends up to ten? If you say that it means if there is a partition ten handbreadths high surrounding it then it is considered a karmelit, and if not, it is not considered a karmelit. And is it not a karmelit? Didn’t Rav Giddel say that Rav Ḥiyya bar Yosef said that Rav said: A house that does not have walls inside it that are ten handbreadths high, and with its roofing it reaches a height of ten handbreadths above the ground; on its roof, one may carry on all of it, as its roof is a private domain in every sense, and inside it, one may only carry four cubits, as inside, the height is insufficient to render it a private domain, and it retains karmelit status? Apparently, even an area less than ten handbreadths high has the legal status of a karmelit. Rather, what is the meaning of Rav Sheshet’s formulation: And extends up to ten? Apparently, up to ten handbreadths is that which is within the parameters of a karmelit, and above ten handbreadths is not a karmelit. And as Shmuel said to Rav Yehuda: Keen scholar [shinnana], do not be involved with questions in the matters of Shabbat above ten handbreadths. The Gemara elaborates: With regard to what halakha and in the context of what issue did Shmuel make this statement? If you say his intention was that there is no private domain above ten handbreadths, didn’t Rav Ḥisda say: One who stuck a stick in the ground of the private domain and threw an object from the public domain and it landed atop it, even if the stick was a hundred cubits high, he is liable, since the private domain extends up to the sky? Apparently, there is a private domain even above ten handbreadths.
לא ניחא תשמישתיה - שאין יכולין להכנס לה להדיא דרך הילוכו, אי נמי: בית שפניו עומד באלכסון, שזויתו אחת סמוכה לרשות הרבים והשניה משוכה מרשות הרבים ולפנים, זוית הבולטת מעכבת את הרבים מליכנס בהדיא בתוך כניסה של זוית האחרת.
(לא ניחא תשמישתיה) not pleasant to use it > that you not able to enter in it explicitely by the way of going. Alternatively the front of the house stands DIAGONAL that one of its's corners adjacent to the public domain and the second corner is pulling from the public domain and in front of the corner sticks out HOLDS BACK the public from GOING in explicitely (straight) to the area of the corner (that is pulled back)
איזו היא כרמלית? תל שיש בו ארבעה על ארבעה או יתר על כן וגבהו משלשה ועד עשרה, שהכרמלית אינה תופשת אלא עד עשרה ואינה רחבה פחות מארבעה על ארבעה, וכן חריץ שיש בו ארבעה על ארבעה או יתר על כן ועמוק משלשה עד עשרה, וכן מקום שהוקף בארבע מחיצות גובהן משלשה ועד עשרה וביניהן ארבעה על ארבעה או יתר על כן, וכן קרן זוית הסמוכה לרה"ר, והוא המקום שמוקף שלש מחיצות והרוח הרביעית רה"ר, כגון מבוי שאין לו לחי או קורה ברוח רביעית, וכן הימים והבקעה בין בימות החמה בין בימות הגשמים, כל אלו כרמלית הן.
What is a carmelit? A mound that is four [handbreadths] by four [handbreadths] in area and between three [handbreadths]23If the mound is less than three handbreadths high, the principle of l'vud is applied, and it is considered part of the public domain (Rambam's Commentary on the Mishnah, Shabbat 1:1).and ten [handbreadths] high.24Just as a public domain does not occupy the space ten handbreadths above the ground, so too, a carmelit does not extend above that height. For a carmelit occupies only the space ten [handbreadths] or less above the ground and is not less than four [handbreadths] by four [handbreadths in area].25A mound with a smaller area is a makom patur, as mentioned in Halachah 7.
Each of the following is [also considered] a carmelit:
a groove that is four [handbreadths] by four [handbreadths] in area and between three [handbreadths] and ten [handbreadths] deep,26The converse of the principles applying to a mound apply in this instance.
a place that is surrounded by four walls that are between three and ten27See Halachah 8 with regard to a pillar nine handbreadths high. [handbreadths] high28These walls are sufficiently high to separate the place from the public domain, but not high enough to set it off as a private domain. and enclose an area at least four [handbreadths] by four [handbreadths],29Were the space to be smaller than this, it would not be considered significant, and would be classified as a makom patur. a corner next to the public domain - i.e., an area surrounded by three walls with the public domain on the fourth side30As the Maggid Mishneh mentions, many authorities differ with the Rambam and also consider such an area a private domain. This issue is discussed in Chapter 17. (See also Halachah 6.) - e.g., a passageway that does not have a lechi or a korah on the fourth side,31See Chapter 17, Halachah 2. seas, a valley [of fields],32These fields are not surrounded by fences ten handbreadths high (Maggid Mishneh). whether in the summer or in the rainy season.33Even in the winter, when crops do not grow, it is not common for people to walk through fields. (See also Hilchot Sha'ar Avot HaTum'ah 20:1-6).)
הררי קדם ג סימן כא, א:
ונראה דמכל ד' הרמב"ם שם דתרי גווני כרמלית איכא א. מקום שהוא כרמלית מצד עצמו שאינו עומד לתשמיש הרבים כגון ימים ובקעה וכיוצ"ב או אפי' בין העמודים ואיצטבא בגמ' להלן ב. מבוי שיש לו ג' מחיצות שהוא נעשה לכרמלית ע"י המחיצות שבו דע"י חלות ההפסק של המחיצות שמפסיקות את הרגלדרבים חייל על המקום שם כרמלית.
מקום פטור
ארבע רשויות לשבת: רשות היחיד, רה"ר, וכרמלית, ומבואות שאינן מפולשין.
MISHNAH: There are two [kinds] of transport on the Sabbath which are four [kinds] inside, and two [kinds] which are four [kinds] outside1On the Sabbath it is forbidden to move any load from a private to the public domain (or for a distance of at least 4 cubits in the public domain.) Inside a private domain there are no restrictions unless the article may not be moved at all. While any transport between domains is forbidden, it is a prosecutable offense only if there is a completed action, i. e., one person lifted the item up, transported it, and put it down. This applies both to transport from the private domain to the public one (“inside”) and vice versa (“outside”). In each case, the transport may be effectuated either by the person inside or the person outside (in which case the person is prosecutable but the person standing in the other domain is not involved) or it may be taken up by one person, taken over while moving by another person who then puts it down. In this case both participants have sinned but are not prosecutable. The possible cases are enumerated in Mishnaiot 1–4. “Liable” and “not liable” refer both to the possibility of prosecution for intentional Sabbath desecration and the obligation of a purification sacrifice in the case of unintentional infraction.. How is this? The poor man stands outside and the householder inside. If the poor man stretched out his hand inside and delivered into the householder’s hand or took something from it and brought it outside, the poor man is liable but the householder is not liable.
If the householder stretched out his hand outside and delivered into the poor man’s hand or took something from it and brought it inside, the householder is liable but the poor man is not liable.
If the poor man stretched out his hand inside and the householder took from it or gave into it and he then took it out, neither is liable.
If the householder stretched out his hand outside and the poor man took from it or gave into it and he then took it in, neither is liable. HALAKHAH: 25For this and the following paragraphs there exists a reasonably complete Genizah text (G) edited by L. Ginzberg (שרידי ירושלמי New York 1909 p. 62). A slightly garbled parallel is in Ševuot 1:1, explained there in Notes 5–20. The Notes here are restricted to references and short explanations.“Export on the Sabbath,” etc. What means “two which are four”? Two which are four for liability and two which are four for no liability, or four for liability and four for no liability? Let us hear from the following26Mishnah Ševuot 1:1.: “There are two kinds of oaths which are four kinds.” Rebbi Abba said, there all are about liability, but here we come to state both liability and no liability27For R. Abba, there is a difference between the Mishnaiot in Šabbat and Ševuot in that in the case here at least one person involved always is not liable whereas in Ševuot only one person is mentioned and all cases are of liability. For R. Yose, the parallel is only that of Mishnaiot 1–2, not 3–4. Each Mishnah describes two cases of liability; these are two covering in all four cases of liability as in Ševuot 1:1.. This implies four of liability and four of no liability. Rebbi Yose said, the Mishnah says so, “there are two kinds of oaths which are four kinds,” not because of liability? And similarly, “there are two kinds of export on the Sabbath which are four kinds,” because there is liability. But was it not stated28Mishnah Middot 4:1. The Mishnah is purely descriptive of the construction of Herod’s Temple; the notions of liability or no liability are inappropriate., “the doors of the Temple hall were two which are four?” Can you say, liability and no liability? Should we state twelve cases of no liability29There are four cases in the Mishnah where one party is liable and the other is not involved. Then there are four cases in which both parties are involved but nobody is criminally liable. One might construct another four cases where nobody is liable; e. g., if the poor man reaches into the house, picks something up, which the householder then takes from his hand and deposits outside.? We only come to state cases of no liability which correspond to cases of liability. Rebbi Ḥiyya bar Abba said, what is this “no liability” which we stated here? Permitted30Since in Mishnaiot 1–2 only one person acts, it is inappropriate to apply the label “not liable” to the other person. Babli 2b/3a.! Rebbi Yose said, the poor man and the rich man are one but the Sages counted them as two. Bringing in or taking out are one but the Sages counted them as two31In G, Ševuot 1:1, editio princeps, and a quote in RITBA Ševuot 1:1: “Taking out or bringing in are two but the Sages counted them as one.” As noted later in this paragraph, taking out is called work by Jeremiah (which cannot be used as a legal text but is confirmation of the interpretation of the law) whereas bringing in is only forbidden by the argument that taking out from A to B is bringing in to B from A.. Taking out on the Sabbath does not include bringing in; if one exports from one domain to the other, does this not include the one who imports? Let us hear from the following, as Rebbi Yasa said in the name if Rebbi Joḥanan: Somebody who brings in half the size of a dried fig and takes out half the size of a dried fig is liable32Even an intrinsic liability can be prosecuted only if a minimal amount was transported, which for food is determined as the size of a dried fig (Chapters 7–8). Since taking out and bringing in small quantities are to be combined, taking out and bringing in are representatives of one and the same action, viz., transporting.. And from where that taking out is called work? Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan33In Ševuot 1:1 and the Babli (6b): R. Joḥanan; quoted without attribution by R. Ḥananel Šabbat 3b; in a number of Medieval sources R. Jonathan. understood it from the following34Ex. 36:6. Babli 96a.: Moses ordered, they made a public proclamation in the camp as follows, men or women should no longer do work to contribute to the sanctuary. The people refrained from taking objects out from their houses to give them to the collectors. Rebbi Ḥizqiah35Missing in Ševuot. In G, R, Aḥa in the name or R. Ila; in Sefer Haˋittim (ed. Mekize Nirdamim p. 300) R. Aḥa in the name of R. Ḥiyya. In Sefer Miṣwot Gadol #65, (part 1, fol. 17a in Venice edition) R. Ḥiyya in the name of R. Aḥa. in the name of Rebbi Ila: You even understand bringing in from this. Just as the people refrained from taking objects out of their houses to give to the collectors so the collectors did not accept anything from them to bring into the office. Rebbi Ḥizqiah in the name of Rebbi Aḥa understood everything from the following36Jer. 17:22.: do not bring out any load from your houses on the Sabbath day, and perform no work. 37For this and the next paragraph there also exists an additional Genizah text (ג) also edited by L. Ginzberg, loc. cit. p. 64. Rebbi Yasa in the name of Rebbi Joḥanan: If one brought in half a dried fig and took out half a dried fig he is liable38Here and in the following, “liable” only refers to the obligation to bring a purification sacrifice in case of unintentional infraction of the Sabbath rules. Since an intentional sin cannot be atoned for by a sacrifice (Num. 16:30), a sacrifice is possible only if the perpetrator was oblivious either of the fact that the act was forbidden or, in the case of the Sabbath, that the day was a Sabbath. Sins committed during different periods of oblivion require different sacrifices. In addition, the prohibition of work on the Sabbath is not a single prohibition but, as explained in Chapter 7, a set of 39 different prohibitions, each with different minima of forbidden work which trigger the obligation of a sacrifice. Minimal infractions of different prohibitions do not combine to produce the obligation of a sacrifice. On the other hand, infractions which are subsumed under the same prohibition, even if one is clearly biblically prohibited (אַב מְלָאכָה “a master work” such as transporting from a private to the public domain) and one which is classified by a logical argument as belonging to the same class (תּוֹלְדָה “a derivative”, as transporting to the private domain) do combine to create the obligation of a sacrifice.. What Rebbi Joḥanan said does not follow Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim., as it was stated40Babli 80b, Bava batra 55b, Keritut17a. The first part is a Tosephta, ed. Liebermann 9:11, ed. princeps 10:7.: “If one took out half a dried fig and again took out half a dried fig during one period of oblivion, he is liable; during different periods of oblivion he is not liable. Rebbi Yose said, during one period of oblivion and one domain he is liable, during one period of oblivion and two domains or during two periods of oblivion and one domain he is not liable.41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.)” We find this difficult. If two different transorts do not combine following Rebbi Yose, a fortiori also not bringing in and taking out42The argument is not convincing since transporting into is a derivative of transporting from. R. Yose still could hold that the actions combine to create liability if the domains involved are the same.? Therefore what Rebbi Joḥanan said could not follow Rebbi Yose. Rebbi Ila said, not only if two doors open to two public roads43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב. but even if they open to the same public road will Rebbi Yose agree44Since it is assumed that each private house has only one door to the street, there are two different private domains involved; the transgressions do not combine for R. Yose., for Rebbi Yose compares domains to periods of oblivion in matters of liability45Different domains from which transport starts or where transport ends are like different periods of oblivion for which no common purification sacrifice is possible by biblical standards.. Just as Rebbi Yose compares domains to periods of oblivion in absence of liability so Rebbi Yose compares domains to periods of oblivion in matters of liability46Clearly the correct text is that of G: “Just as Rebbi Yose compares domains to periods of oblivion in matters of liability so Rebbi Yose compares domains to periods of oblivion in absence of liability.” The fact that incomplete actions in two different periods of oblivion do not combine to create the liability (or possibility) of a sacrifice is only a corollary to the statement that all infractions of the same kind committed during the same period of oblivion are atoned for by one single sacrifice.. For if he took out the volume of a dried fig through this door and the volume of a dried fig through that door in one period of oblivion is he not liable twice47For R. Yose, who negates the possibility of any sacrifice if the amounts each time are insufficient. For the anonymous majority, the situation is the opposite; two transports of insufficient quantities from two domains combine to create liability for a sacrifice but transports of greater quantities from different domains in one period of oblivion are atoned for by a single sacrifice.? 48This paragraph and the next also appear in Horaiot 3:3 (Notes 66–72) in a different context. (R. Yose mentioned there is the fifth generation Amora). Rebbi Yudan said, Rebbi Yose compares domains to eating slices49This refers to sacrifices due for eating forbidden food. Since purification sacrifices are due only for transgressions punishable at least by extirpation (Mishnah Horaiot 3:7), the only example of such solid food is forbidden fat. A sacrifice for inadvertent consumption of forbidden fat is due if at least the volume of an average olive was eaten in the time needed to eat a slice of bread. The slice is defined (Tosephta Negaˋim 7:10) as half a loaf when three loaves are baked from a kav of flour (about 35 cl). For if one ate the volume of half an olive during the time needed to eat one slice and another volume of half an olive in the time needed to eat another slice, is he not free from liability? If one ate several volumes of olives during several times needed to eat a slice in one period of forgetting, he is liable only once. 50Cf. Horaiot 3:3 Note 70. The rabbis of Caesarea object to comparing the rules of the Sabbath to any other biblical prohibition. Mishnah 13:1 states that weaving is forbidden and the threshold for an action requiring a purification sacrifice is weaving two threads. For the majority, weaving two threads in one oblivion triggers the obligation of a sacrifice, for R. Yose only if the two rows were added to the same piece of cloth. The rabbis of Caesarea say, before you compare this to fat, compare it to the rules of Sabbath itself. For if one was weaving one thread on this piece of cloth and weaving one thread on that piece of cloth, is he not free from liability? If he wove several threads on several pieces of cloth in one period of oblivion he is liable only once. Rebbi Yose in the name of Rebbi Joḥanan: The one who takes out is not liable until he put it down51As explained in Note 1, the Sabbath is desecrated only by a complete action, lifting up, transporting from one domain to another, and depositing. If the last act is missing, there was no punishable desecration.
The tradent R. Yose is the fifth generation Amora.
. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: Unless he take up and put down. Rebbi Zeˋira required, unless he take it up with the intention to put it down52This is a necessary clarification of the preceding statement. Not only must there be a complete action, but all three parts must be executed with the intent to perform the action. In Ex. 35, the prohibition of work on the Sabbath is repeated (vv. 1–3) as part of the commandment to build the Tabernacle (vv. 4–35). In 35:33, the construction of the Tabernacle is described as “thinking work”. It is concluded that only “thinking work” is punishable (criminally or by a sacrifice) as desecration of the Sabbath. In the special case of transporting, there is desecration only if the three parts are done with compatible intent, if the lifting up was intended to be followed by a putting down.. Not if he lifted it to eat and then changed his mind to put it down53It is perfectly legitimate to take food to eat in the domain where it was at the start of the Sabbath. If the first stage of a transport was executed in a perfectly permitted way based on a true thought, it never can become the first leg in a criminal transport. While the change of intent and the following action were forbidden and sinful, there can be no criminal or sacrificial liability attached to them. (As statement of R. Joḥanan himself, Babli 5b, Eruvin 20b, Ketubot 31a).. What Rebbi Joḥanan said does not follow Rebbi Yose, as it was stated54An anonymous baraita following the statement here attributed to R. Yose is Tosephta 9:11(ed. S. Liebermann); the first part Babli 80a.
Since in the public domain one is only permitted to move things by a distance of less than four cubits, things farther away are as in two different domains. If each transport was less that a minimal amount, the actions cannot be combined.
: “If he took out half the volume of a dried fig and put it down, and then took out another volume of half a dried fig. If he put it down within four cubits of the first piece he is liable, otherwise he is not liable. Rebbi Yose39The Tanna, ben Ḥalafta, the greatest authority of the fourth generation of Tannaim. said, if he transported it over it, he is liable, otherwise he is not liable.” Rebbi Yose considers the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
. Just as Rebbi Yose considers the person walking as if he was putting down for liability so he considers the person walking as if he was putting down for non-liability. When he took it out he is considered having put it down; then he should be free from liability57If the object is considered deposited the moment it was taken out of a private domain by a walking person, then any subsequent motion is a new transport. Since R. Yose (Note 44) only considers combining transports if they originate and terminate in the same domains, the fact that later the second object was transported over the first should be irrelevant.. Explain it if it was put down within four cubits [of the door]58Added from G and ג., as it was stated41Since transporting has three components, lifting in one domain, removing to another, and depositing in the other domain, for R. Yose they cannot be combined unless all three components are the same (within one period of oblivion.), “otherwise he is not liable.” Rebbi Abba the son of Rebbi Pappaeus said, explain it if the door was five cubits wide and he brought one out on this side, the other on the other side. Then the second was not taken out within four cubits of the first59For the anonymous Tanna the final place of deposit determines liability; for R. Yose there is no liability if the two paths never were within 4 cubits of one another.. There60Mishnah Keritut 3:4., we have stated: “Rebbi Meïr says, if it was a Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down63Eating may also be done while walking; the Sabbath infraction becomes a liability only when the motion stopped.. Who is “they said to him”? Rebbi Yose64There is no other reference to the fact that the objection to R. Meïr originates with the Tanna R. Yose.! The argument of Rebbi Yose is inverted. There, he does not consider the person walking equal to one who was putting down but here he is considering the person walking equal to one who was putting down65This argument may support Liebermann’s interpretation. Since for R. Yose a person walking is considered stopping at every place, the Sabbath infraction and the desecration of the sacrifice are simultaneous.! Rebbi Yudan said, explain it that he was laying on the threshold66An Accadic word (askuppum). The word describes not only the threshold but also the stairs leading from the road to the house. [Also cf. Latin scapus “post or newel of a circular staircase; main stile of a door on which it hinges” (E. G.)] partially inside, his mouth outside, when he stretched out his hand, took it, and ate it. Then he did not walk67If the piece of fat was lying inside the private domain, the Sabbath violation did not involve any movement of his body; the reference to R. Yose’s opinion about transporting on the Sabbath is irrelevant, as is the explanation given in the preceding sentence. The difference in the status of the required sacrifices is as indicated in Note 62.. Rebbi Yannai said, one who swallowed half the volume of an olive, then threw it up, and again swallowed it, is liable68In the Babli, Ḥulin 103b, statement and supporting argument are by R. Assi (Yasa) in the name of R. Joḥanan. The food swallowed is supposed to be forbidden fat.. But one who brought in half the volume of a dried fig and took it out again, is not liable69This is not the situation discussed in Note 32 where half a fig was brought in and half a fig taken out; in all a whole fig was transported. But here the same half fig was transported twice; neither transport created liability.. What is the difference between this and the first one? There his palate enjoyed the volume of an olive, but here he never dealt with a full volume of a fig. Rebbi Yose said, sometimes a person may be dealing with a full volume of a fig and not be liable. How is this possible? He took out half of the volume of a dried fig70Here starts a new Genizah leaf (G), also edited by L. Ginzberg, loc. cit. p. 65., put it down, again took out half of the volume of a dried fig, but did not manage to put it down before the first one was burned. He was dealing with a full volume of a fig but is not liable71In the Tosephta 9:11 (ed. Liebermann): “If the first half was eaten before the second came to rest he is not liable, whether in one or in two periods of oblivion.” As explained earlier, quantities less than the minimum trigger liability only if they exist together.
The statement is referred to as obvious in the Babli, 80a.
. Because he compared it to forbidden fat he contrived this72This is R. Yose’s explanation of R. Yannai’s statement. Since for fat a single half olive can create liability, there is good reason to formulate R. Yannai’s rule in the way indicated. For the Sabbath, R. Yannai’s statement is unnecessary; it is formulated purely as companion piece to the statement about fat.. Rebbi Joḥanan said, if one exports from a private domain to the public domain through karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, he is liable because of him who carries on his back74Because of the argument presented in the next sentence about the difference of carrying a load in front or back., from the following:75Mishnah 10:4. “One who intends to carry on his front but it turns out that he carried on his back is not liable. On his back and he carried on his front he is liable.76If a person carries valuables, he will want to carry them on his front so as to be in control. If then it happens that he carried them on his back, his action does not actualize his intentions; it does not qualify as “thinking work” (Note 52) and does not trigger liability. But if he intended to carry the load on his back but in fact carried it on his front, he is more in control than he intended; such an improvement qualifies as “thinking work”.” For it is impossible that between him and the wall should not karmelit be created77A person standing close to that wall in the public domain in any case creates karmelit around himself since he bars the access of others to this place. This is formulated in 10:2 as “nothing movable in the public domain creates karmelit except a human.”. Rebbi Yose said, explain it that his face was turned to the wall and his load on his back and so78Instead of “and so” G reads “already”, which results in a smoother text. The person exited the house backwards. his load exited first. Rebbi Ḥiyya bar Abba79G reads: Ada. This reading is the only one possible since R. Ḥiyya bar Abba lived several generations before R. Mana II. asked before Rebbi Mana: But this is not a usual way of carrying out80Work done כִּלְאַחַר יָד “as if with the back of one’s hand” is not “thinking work” and does not create liability.! He told him, professional porters act in this way. But the following implies it, as Rebbi Aḥa, Rebbi Maisha said in the name of Rebbi Joḥanan: “If one carries out foodstuffs and puts them on the threshold.81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”” Is the threshold not karmelit82If the door is open, the threshold belongs to the house; if it is closed it is part of the public domain.? Rebbi Yose was sorry that he had not said this himself. Rav Huna in the name of Rav: Everybody agrees that for throwing one is liable83One continues the discussion of transporting from a private to the public domain or vice-versa through a karmelit region. In the Babli (6a), it is a statement of R. Joḥanan.. It is everybody’s opinion that the air space over karmelit is not like its essence. Where do they disagree? If one carries out. Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai makes the person walking as if he was putting down56Later in the Halakhah and in the Babli (5b, 91b, Eruvin 98a, Ketubot 31b) this opinion is attributed to Ben Azzai, a generation before R. Yose. It is agreed by everybody that standing still while transporting an object is legally putting it down, not on the ground but on the static person. This is the same as depositing the object on a pillar. R. Yose holds that a slow motion such as walking is the equivalent of standing still for a negligible time at many places. An action which does not result in instant deposition is throwing.
According to R. Yose, if the second object ever was within 4 cubits of the place where the first was deposited, the two actions combine for liability, even if the second was ultimately deposited somewhere else.
but the Sages do not make the person walking as if he was putting down. Rav Ḥisda asked Rav Huna: In Ben Azzai’s opinion nobody ever could become liable for four cubits! Since when he transported something, it is made84In G: “It is considered as if”. as if he put it down within every cubit; he should be not liable85This refers to a person carrying in the public domain. It is a desecration of the Sabbath to carry a load nonstop for at least 4 cubits in the public domain. Since for Ben Azzai every step in walking is considered a stop, it is impossible to carry anything nonstop for 4 cubits. The objection is left without any answer in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307). But in Tosaphot (5b, s.v. בשלמא) the Yerushalmi is quoted as answering that a person still could become liable by jumping.. Rav Jehudah in the name of Rav: Everybody agrees that for carrying out one is not liable. It is everybody’s opinion that walking counts as if one was putting down. Where do they disagree? If one is throwing, for Ben Azzai declares him not liable but the Sages declare him liable. Ben Azzai considers the air space over karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there. but the Sages consider the air space over karmelit not like its essence. A baraita supports one and a baraita supports the other. A baraita supports Rav Huna87It would seem obvious that the names “Huna” and “Jehudah” should be switched. But the attributions are identical in the Leiden ms., G, and the lengthy quote in Sefer Haˋittim (p. 307).: 88A similar text is in Tosephta 10:1 (ed. Liebermann). If he was standing in the public domain and threw over karmelit into a stable or corral, he is liable; but if he carried it he is not liable. A baraita supports Rebbi Jehudah: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if be completed the work at one time he would not be liable. But did we not state: “Rebbi Meïr says, if it was Sabbath and he carried it out61As noted before, a purification offering is possible only for transgressions punishable at least by extirpation. The Mishnah gives an example that a single act may trigger the obligation of 4 purification and one reparation offerings. An impure person who eats a piece of well-being offering (Lev. 7:20) which is fat (v.25) and more than 2 days old (v. 18) on the Day of Atonement (23:29). For the illicit use of a sanctum a reparation sacrifice is due (5:15–16). R. Meïr adds that if the day also was a Sabbath and the person would take the piece in a private domain, carry it out and eat it in the public domain, an additional purification offering is needed.
The text and R. Yudan’s explanation make it clear that the Yerushalmi does not read with some Babli sources “carried it out in his mouth.”
. They told him, it is not the category62The five sacrifices are due for eating one piece; the Sabbath infraction would be for carrying. S. Liebermann explains אֵינוֹ הַשֵּׁם as “is not simultaneous.”.” Because this one is liable because of walking and that one is liable because of putting down. In the opinion of Rav Huna one is not following Ben Azzai90Since practice follows the opinion of those who “said to him” in Mishnah Keritut3:4, for Rav Huna it is clear that walking is not considered depositing.. In the opinion of Rav Jehudah one follows neither Ben Azzai nor the Sages91Since for Rav Jehudah everybody agrees that walking is considered depositing according to everybody, those who “said to him” seem to be nonexistent.. Rebbi Ḥinena said, who is :they said to him”? The Sages who follow Ben Azzai.92The Tanna R. Yose as explained earlier. Rebbi Joḥanan asked: If he was standing in the public domain, threw, and then caught it, what93Transporting something in the public domain for a distance of at least 4 cubits is a desecration of the Sabbath. Therefore, throwing something a distance of at least 4 cubits creates liability the moment the thrown object touches the ground. The question is whether there is liability if the thrower himself runs and catches the object in the air, at a distance of at least 4 cubits from where it was thrown. Babli 5a.? Is that not a Mishnah94Mishnah 11:7. The thrower did not intend to throw it to another person or to a dog; the object was intercepted. Therefore, the original intent was not fulfilled; there is no liability. If the object was burned in flight, there is no putting down; the action is incomplete and there is no liability even if the original intent was that it should be burned in flight., “if another person caught it, a dog caught it, or it was burned, he is not liable”? Rebbi Samuel in the name of Rebbi Zeˋira: So it is if he snatches; therefore if he caught it he is liable95In the question asked by R. Joḥanan one has to distinguish whether the original intent was that the object should be caught in flight, when there is liability, or whether the object was snatched in flight against the original intent, when there is no liability.. What is the difference between its coming to rest on the ground to coming to rest in his arm? There96In the Mishnah there is liability if the object is a ball thrown from one person to another and the recipient is supposed to catch the ball., why is he liable? There he threw and another one received it but here he threw, he received it97The Mishnah does not directly address R. Joḥanan’s problem.. Should it be obvious for him that he is not liable? Would he not be liable because of his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down. if he threw with his right hand and received with his left? Is his mouth not like another person? Here, his left hand should be like another person99And the legal situation depends on the original intent.. Rebbi Yudan said, it is obvious to Rebbi Joḥanan that he is liable if he threw with his right hand and received with his left. What was his problem? If he threw with his right and and received with his right hand100Throwing from one hand to the other is a normal action but throwing with one hand and receiving with the same has to be classified “as if with the back of one’s hand” (Note 80) and automatically exclude liability.. The rabbis of Caesarea, Rebbi Shammai in the name of Rebbi Aḥa: He101R. Joḥanan. is in doubt whether he is liable even if he threw with his right hand and received with his left. If you want to say “his mouth98This refers to the explanation given earlier by R. Yudan (Note 67) which shows that receiving an object in his mouth is a valid putting down.”, his mouth is like another person since he ate it; but is here his hand like another person102Does it make any difference which hand is used since it always is the same person?? Rebbi Mana asked, if this be so, then even if he exported the volume of a dried fig in both hands he should be not liable because of one action executed by two persons103Therefore it is not possible to distinguish between hands in these matters.! Rebbi Ḥiyya bar Ada said to him, is that when he did it104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.? But was it not stated: An individual who acted is liable, two or three who acted are not liable105Babli 3a,5a; Sifra Wayyiqra I Parashah 7(9).. Rebbi Joḥanan said, if somebody was standing in the public domain, collected rain from the airspace of walls and carried it out, he is liable. Rebbi Abun bar Ḥiyya in the name of Rebbi Zeˋira, it is so if he grabbed it, but if he collected it he is not liable106The statement of R. Joḥanan is made more precise. If somebody opens his hands to collect raindrops, the rain falls into his hand; he does not lift it. Therefore, if he then moves the rain water in his hand, the motion is not complete; he cannot be liable. It must be that he collects the water actively, by wiping it off a wall or a roof. If then he moves away, the motion is complete and he is liable. Babli 5a.. What is the difference between whether another person gave him or if Heaven gave? It follows Rebbi, for Rebbi made the airspace of walls like their substance107This really refers to another situation. If he stands in a room enclosed by 4 walls, for Rebbi anything which enters the airspace of this enclosure is as if it was at rest on the floor. Therefore anything received in his hand is as if taken up from the floor.. If he was standing inside and his hand full of produce was stretched to the outside when the day became holy he is forbidden to take it back108He was in a private domain, his hand stretched out to the public domain, and remained so at sundown of Friday evening. Then the situation is as described in Mishnah 2.. Rebbi Aḥa in the name of Rebbi Abba: following him who said that it is forbidden to use the space below ten [hand-breadths]109Since the numerals are masculine they refer to hand-breadths (טְפָחִים). While in theory private domain extends to an unlimited height, the public domain extends only to a height of 10 hand-breadths. Anything higher is מְקוֹם פְּטוֹר “exempt space”, where unlimited motion and unlimited transfer to private domain is permitted. Therefore the baraita must assume that the outstretched hand was within 10 hand-breadths from the ground.. There are Tannaim who state, it is permitted. They wanted to say, he who says it is permitted if there was four [cubits] of space; but he who says it is forbidden if there was not four [cubits] of space110A room of less that four-by-four cubits is karmelit, not a private domain. Babli 3b.. Rebbi Yose ben Rebbi Abun said, in both cases (it is forbidden)111The word, missing in G, must be deleted as a scribal error since it contradicts the statement which follows. it follows him who said that it is forbidden to use the space below ten [hand-breadths]. What about it? He who says it is forbidden below ten [hand-breadths]; he who says it is permitted, above ten [hand-breadths]112Babli 3b.. Mishnah: “The poor man is liable but the householder is not liable.” Rav Jehudah in the name of Samuel: Only if the poor man’s hand is within ten hand-breadths from the ground113Since otherwise he transports from a private to an exempt domain which does not create liability, Note 109.
The quote of the Mishnah is from Mishnah 1. But from the discussion it seems that here starts the discussion of Mishnah 2, “the householder is liable but the poor man is not liable,” since R. Zeˋira makes a difference whether the poor man receives the item in karmelit or not. But R. Zeˋira must follow R. Joḥanan that carrying through karmelit does not relieve from liability if the object was lifted in a private and deposited in a public domain. But if the householder lifts an object in his house and deposits it in karmelit, he is not liable. This also applies if the poor man is standing close to the house with his face to the house; he stands in karmelit (S. Liebermann).
. Rebbi Zeˋira said, if he is distant four [hand-breadths] from the wall. But if he is not distant four [hand-breadths] from the wall, it is karmelit73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
. Rebbi Eleazar in the name of Rebbi Simeon Karsanah: If his face was turned towards the public road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב.. But if his face was turned towards the wall it is karmelit. Rebbi Ḥisda in the name of Ashi113*As shown by G and the quote later in this Chapter (Note 170) one has to read: Rav Ḥisda in the name of Assi.: If a stick stuck in the public domain ten hand-breadths high, anybody who uses anything from in it into the public domain or from the public domain into it is liable114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. Rav said, a leather container115In Mishnah Kelim 24:5, the sources read תרבוס which the Geonic Commentary explains as دُرج “box (for money or jewels)”; the translation follows Maimonides who defines it as a leather box (more appropriate for the text of the Mishnah). which stands in the public domain, ten hand-breadths high and four wide; anybody who uses anything from in it into the public domain or from the public domain into it is liable. Rebbi Hoshaia stated116Tosephta (ed. Liebermann) 10:7.: “A candelabra which stands in the public domain, ten hand-breadths high and its flower four [wide]; anybody who uses anything from in it into the public domain or from the public domain into it is liable.” Rebbi Mana said, not only a candelabra but even a stick stuck in the public domain ten hand-breadths high with a tablet117Latin tabula. Cf. Erubin 3(3) (21a line 30). fixed to its head, anybody who uses anything from in it into the public domain or from the public domain into it is liable. 118A copy of this paragraph, closer to the original, is in Sukkah 1:1 (ס) 51d l. 56. The parallel discussion in the Babli is Sukkah 5a. Since the entire discussion is Amoraic, one must conclude that for earlier times the limitation of the public domain to 10 hand-breadths from the ground was tradition not subject to verification from biblical sources. From where that higher than ten [hand-breadths] is a different domain? Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: There I shall make My Appearance to you, and I shall speak to you from above the cover (which is on the Ark of the Covenant)from between the two Cherubim119Ex. 25:6. The words in parentheses are not in the verse and not in ס; they are added to indicate that the argument is about the Ark.. And it is written, you have seen that from Heaven I spoke to you120Ex. 20:22.. Since speech mentioned there is from another domain, also speech mentioned here is from another domain. But is the Ark not nine hand-breadths1211.5 cubits (Ex. 25:10).? In the House of Rebbi Yannai they said, the cover was one hand-breadth122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Rebbi Zeˋira asked, from where that the cover was one hand-breadth? Rebbi Ḥananiah bar Samuel stated, for all the vessels in the Sanctuary the Torah gave the measure of length and width, and gave the measure of its height. Except for the cover where the Torah gave the measure of length and width, but did not give the measure of its height. Therefore we shall learn it from the smallest vessel in the Sanctuary, you shall make for it a frame of one hand-breadth all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.. Since there it was one hand-breadth, so also here one hand-breadth. But maybe it is only make a golden wreath as its frame all around122In the Babli, Sukkah 5b, this is questioned but in the end accepted. The biblical data do not fit the assertion. The cover was square of surface area 3.75(cubit)2 (Ex. 25:17). The hand-breadth and the cubit are not well defined. If we take a small hand-breadth of 9 cm, cubit 54 cm, then a cover of one hand-breadth height would have a volume of 98.415 (dm)3. Since the cover was of pure gold, of specific weight about 19, the total weight would have been 1870 kg. But the total weight of gold contributed for the Tabernacle (Ex. 38:24) was 29.25 talents or, on a basis of 12.5 g for the sheqel, about 1097 kg, not to speak of the fact that a weight of almost 1.9 tons would have crushed the wooden ark. All these data were well within the knowledge of antiquity. One has to conclude that they imagined the cover to be hollow.? Since there it is a minimal size, so here also a minimal size. What about it? Rav Aḥa bar Jacob said, face. There is no face less than a hand-breadth123This cryptic statement is explained in the Babli (in the name of Rav Aḥa bar Jacob’s teacher Rav Huna) as referring to Lev. 16:2 where Aaron is warned not to appear before the face of the cover except on the day of Atonement. This implies that the cover was not simply a sheet lying over the ark but had a face, a vertical dimension which is not negligible.. Rebbi Yose asked, if there were a very high chest standing in a house, would it not be permitted to use anything from in it into the house or from the house into it124It is impossible to say that in general a new domain starts at 10 hand-breadths since it is commonly accepted that a private domain remains such to an indeterminate height. The Ark was standing in the private domain of the Sanctuary; a reference to it seems to be irrelevant.? But we are dealing when it was indicating to them the geographic directions125In the desert, the Ark was traveling in front of the people (Num. 10:33) while the Sanctuary was carried in the middle (v. 17). At the resting place, the Ark automatically assumed a West-East direction so that the Sanctuary could be placed around it and the tribes camped correctly in the four directions of the compass (Num. 2). The Ark had functions outside the Sanctuary; the reference is legitimate.. This is understandable for him who said, a cubit of six [hand-breadths]126In Mishnaic times, the building cubit was a standard 6, the vessel cubit 5 hand-breadths. If the Ark was built to vessel standards, it cannot be used to define domains. Whether the vessel standard was used in the Temple is a matter of controversy in the Babli, Menaḥot 98a.. But for him who said, a cubit of five hand-breadths? Would the Ark not be seven and one half hand-breadths? Rebbi Jacob bar Aḥa said, the House of Rebbi Yannai and Rebbi Simeon ben Yoṣadaq. One learns it from the Ark, but the other learns it from the wagons127In Ex. 31:12–18 and 35:1–3 the observation of the Sabbath is emphasized in the instructions for the building of the Tabernacle. One concludes that the work forbidden on the Sabbath is exactly work needed in building or transporting the Tabernacle. The wagons mentioned here are the 6 wagons donated by the tribal chiefs for the transport of the Sanctuary (Num. 7:3).. We do not know who learned it from the Ark and who learned in from the wagons. It is reasonable that the House of Rebbi Yannai learned it from the Ark since the House of Rebbi Yannai said, the cover was one hand-breadth128The reading of ס is preferable: Nine hand-breadths of the Ark and one of the cover.. Rebbi Simeon ben Yoṣadaq learns if from the Wagons. Rebbi Zeˋira asked, from where that the Wagons were ten [hand-breadths] high129There are no biblical indications about the height of the wagons’ platforms above ground.? Rebbi Yose said, and even if you said that they were ten high, did not Rebbi Neḥemiah state that the Freight Wagons were like a cupola130Greek καμάρα, Latin camara, -ae, f.(also camera) “arched or vaulted roof or ceiling, distinct from an outer roof”.
The wagons are called עֶגְלֹ֥ת צָב֙. Now צָב means “turtle”; from this comes the usual translation “covered wagon”, using the image of the domed back of the turtle. The expression really is a technical term “freight-wagon”, Accadic ṣubbum, ṣūbum.
? If there was a hole in the public domain ten deep and four wide, would it no be forbidden to use anything from in it into the public domain or from the public domain into it131This is a side remark. A hole in the public domain 10 hand-breadths deep and 4 by 4 wide creates a new domain and is considered a private domain from which nothing may be transported to the public domain. This cannot be derived by comparison either to the Ark or to the wagons.? But when they were transferring the planks from one to the other they were straight132Whether the wagons were covered with a convex covering or not is irrelevant since at the moment of loading the planks and the gobelins of the Sanctuary they were uncovered and certainly had flat loading areas. For the meaning of “straight” for תְּרוּטוֹת cf. Mishnah Middot 2:5.. “Neither is liable.133Quote from Mishnaiot 3–4, starting the discussion of these.” Rebbi Jacob bar Aḥa in the name of Ḥizqiah, the rabbis in the name of Rebbi Joḥanan: In the category of two people performing one work104Lev. 4:27. The verse is emphatic that purification sacrifices are available only for single perpetrators acting in error: If one person of the people of the land sin in error, if he act in one of the commandments of the Eternal which is a prohibition, and be damaged.. Rav asked Rebbi, if another person put a bundle on his back, when he forgot and brought it out134Is this considered an incomplete action since another person lifted and put the load on him (Babli 3a).? On the occasion of the second repetition135The Babli (3b) reports that the question was asked when Rebbi was teaching (or editing) another tractate; it was Rebbi’s practice not to answer questions which did not concern the subject he was currently concerned with. He gave the answer only when he took up Mishnah Šabbat another time. he told him, he is liable because it does not compare to this. Rebbi is of the opinion that when he started to walk it is as if he had taken up the object136If the other person had put the load on him while he was walking, there could be no liability since the action was not that of a single person. But if the load was resting on his back, when he then started walking he started moving the object and this makes the action complete.. In the opinion of Rebbi, if he stood in the public domain and threw but ran and caught it137If this is a question different from the one asked earlier, it must mean that “absorbed it” has to mean that his body absorbed the shock of impact of the object, not that he caught it in his hands. in a private domain, what? But is that not Rebbi since Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.? It is only necessary in case he stood in the private domain and threw but ran and and caught it in a public domain, what? It was found stated: Rebbi declares him not liable until the moment it comes to rest139Public domain by definition is not enclosed by walls; an object is at rest only at the moment it stopped moving. If the object fell down because it hit his body, there was no putting down and no completed action.. Rebbi Abun said, Rebbi, Ben Azzai, and Rebbi Aqiba, all three said the same. Rebbi made the airspace enclosed by walls like its essence138Therefore automatically the action is completed and there is liability.. Ben Azzai made the airspace enclosed by karmelit like its essence86In this interpretation, which has no parallel in the Talmudim, anything in the airspace over a karmelit is considered lying there.. Rebbi Aqiba made the airspace over public domain like its essence140For example in Mishnah 11:1 where he declares that a person throwing from one private domain to another over the public domain is liable, a statement opposed by the majority.. 141Tosephta 1:1, Babli 6a.“There are four kinds of domain on the Sabbath: Private domain, public domain, karmelit, and dead-end streets142In the Babli: “Exempt space”. This is what one would expect. Dead-end streets can be either public domain or karmelit; their particular status is that by an eruv they can be transformed into private domains, whereas passages open at both ends in general cannot. These differences belong to Tractate Eruvin.. What is private domain? A ditch ten deep and four wide, or a wall ten high and four wide; this is completely private domain. And what is completely public domain? A street143Latin strata (sc. via)., a wide road43Greek πλατεῖα (sc., ὁδός) “a wide (road)”, equivalent of Hebrew רְחוֹב., desert, and passages open at both ends144It is “completely public” because it cannot be turned into a private domain by a symbolic eruv.. One does not export from a private to a public domain nor import from a public to a private domain. If somebody exported or imported in error he is liable for a purification sacrifice; intentionally he is liable for extirpation or is stoned145Desecration of the Sabbath is punishable by Heaven’s extirpation if there are no witnesses or nor proper warning was given, and by the courts if there are witnesses both for due warning and the act itself., whether he exports or imports, or lifts or throws. An ocean, or a valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
, or a platform146Latin stibadium, -ii, n., Greek στιβάδιον; a semi-circular couch., or a threshold, or karmelit147Or any other kind of karmelit. are neither public nor private domain; one does not carry there148A rabbinic prohibition of carrying further than four cubits because the karmelit looks like public domain. but if one carried he is not liable.” Rav Joseph said, in fact we have stated149While the technical term karmelit does not appear in the Mishnah, all the examples enumerated in the Tosephta are found in the Mishnah and the rules can be deduced from Mishnaic quotes. all of these. The sea as we have stated there150Mishnah 11:5.: “One who in the sea throws four cubits is not liable.” Not only in the sea four cubits, but even if he throws the entire length of the sea he is not liable, for the entire sea is called karmelit151Since nobody can walk in the sea, it cannot be considered public domain..
A valley73Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.)
as we have stated152Mishnah Ṭaharot 6:4. The “valley” is agricultural domain accessible only by rural paths, not by a paved road. In the dry season, after the grain was cut and before the fields are ploughed for new seeds, the fields are accessible to everybody. Since there is nothing hidden there, it is like public domain for impurity but since it is not easy of access it cannot be considered public domain for the rules of the Sabbath.: “A valley during the dry season is private domain for the Sabbath but public domain for impurity153Where any question of ritual impurity is resolved by presumption of purity, Soṭah1:2 Note 88.. During the rainy season it is (private) [public]154The word in parentheses is from the text of the scribe here, the reading in the Mishnah, the quote in the Babli (Šabbat 6b, Bava batra 123b), and alluded to in Bava batra 9:8 (Note 87). The text in brackets is that of the first corrector. It was noted by Qorban Haˋedah (as emendation of the Venice text since the ms. was not accessible to this author) and supported by convincing arguments by S. Liebermann (תלמודא דקיסרין p. 17 Note 2, הירושלמי כפשוטו p. 15) and J. N. Epstein (Tarbiz 5, 1934, p. 264) that the text of the scribe is correct and the correction a corruption. In the rainy season the fields are sown, the grain is growing, and any trespass by unauthorized persons is criminal. There is no doubt that the fields have the status of private domain both for the Sabbath and for cases of doubt about impurity. domain for both.” If you say private domain for both it should not need surrounding by animals’ gear, but we have stated155Mishnah Eruvin 1:8.
A caravan which in the dry season uses a “valley” as camping ground for a stay over the Sabbath is required to turn the fields into a guarded place by arranging the (camel or donkey) loads as a symbolic wall (of 10 hand-breadths height). In the interior then one may carry unrestrictedly. This proves that in the dry season the fields are not private domains in the commonly accepted sense; they are karmelit.
: “If they surrounded it by animals’ gear one carries in the interior.”
A platform, as we have stated156Mishnah Eruvin 9:5.: “And similarly one carries under open bridges on the Sabbath, the words of Rebbi Jehudah; but the rabbis forbid.157It is supposed that the bridges are not simply a roadway on a flat support but that they have side walls extending somewhat under the roadway so that seen from below they delineate the space under the bridge. The Sages forbid to carry for four cubits or more in the informally defined space but they refrain from imposing liability; this proves that the prohibition is purely rabbinical; the space can be neither private nor public domain.
A threshold158This is a repetition of an earlier text as referred to by the Notes., as we have stated: 81Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step89As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if he completed the work at one time he would not be liable.
Karmelit. Rebbi Ḥiyya stated: karmel “soft full”, neither moist nor dry but average159The same etymology of the quadrilitteral כרמל is given in Sifra Wayyiqra I Parsheta 13(8), Pereq 15(1).. And here it is neither public nor private domain but karmelit. What is karmelit? Rebbi Yasa in the name of Rebbi Joḥanan, for example the store of Bar Justinus160In the Babli (7a) the example is given of a stoa, a roofed domain bounded by pillars. Since such a stoa is a pedestrian mall, not accessible to vehicular traffic; if there is an additional obstacle to free circulation it becomes karmelit. S. Liebermann conjectured that the store in question was situated in such a stoa.. A multi-party courtyard and dead-end streets: if there is an eruv they are permitted, but if no eruv was made they are forbidden161A domain which is not public by biblical standards can be turned into a private domain by an eruv, “mixing” (of domains), by arranging the potential of a common meal for all interested persons. A genuinely public domain cannot be turned into a private domain. Therefore the domains mentioned as candidates for eruv cannot be public domains. They also cannot be private domains since then they would need no eruv.. Rebbi Zeˋirah in the name of Rav Jehudah; Rebbi Zeˋira in the name of Rav Ḥinena in the name of Rebbi Ḥanina162It seems that the correct reading is quoted by Rashba (ad 7a): “Zaˋir bar Ḥinena in the name of Rebbi Ḥanina.”: landings163Even though the reading סמטיות (“paths”, Latin semita, -ae f.) is confirmed by Rashba, the translation follows an emendation of Yefe Enaim, J. N. Epstein (Tarbiz 1(2) p. 135), and S. Liebermann, to read מסטויות (with consonantal first vaw), the Galilean form of Babylonian אצטבא used in the parallel 7a (as in Pesaḥim 5:8). between pillars are judged as karmelit164Since these are obstacles to free circulation; Note 160.. Rebbi Samuel bar Ḥiyya bar Jehudah165In the Yerushalmi this student of R. Ḥanina’s always is quoted with names of father and grandfather; in the Babli (Bava meṣiˋa 72b) he is quoted as R. Samuel bar Ḥiyya. in the name of Rebbi Ḥanina: The flowers166The spaces under the capital of a Corinthian pillar which are too close to the pillar to be part of a thoroughfare. of the pillars are considered karmelit. There it is necessary that they be higher than three [hand-breadths]167The sentence can use some rearrangement: Anything which hinders access in the public domain because it (or its enclosure) is at least three hand-breadths high is considered karmelit.; Ḥiyya the son of Rav: Anything which hinders access in the public domain is considered karmelit. The rabbis of Caesarea say, even thistles, even glass. This is necessary if they are not three [hand-breadths] high168While for Ḥiyya bar Rav the three hand-breadths rule is always needed (Babli 7a), for the rabbis of Caesarea it is suspended if the place cannot be stepped on.. And Rebbi Yose169The parallel in Eruvin 1(1), Note 162, shows that the name is Yasa, R. Joḥanan’s student, and not the fifth generation R. Yose. said: The threshold about which they spoke is four wide but not ten high. If you would say, ten high and four wide, it is a domain by itself 114As explained later in this paragraph, the top of the stick must be at least four-by-four hand-breadths wide. Since the public domain extends only to a height of ten hand-breadths, the airspace is available for the creation of other domains. A surface of less than four-by-four hand-breadths is not usable; but if it has the minimal size it creates a new private domain and all the prohibitions of transport to and from a public domain do apply. If the surface area is less than the required minimum it is exempt space and all transports to and from it do not create liability; cf. Note 170. Babli 5a, 101a, Eruvin 33b.. If you would say, ten high but not four wide, that is what Rav Ḥisda said in the name of Assi: If a stick stuck in the public domain ten hand-breadths high, it is permitted both ways on condition that he not exchange170This is the necessary complement to the earlier statement by Rav Ḥisda , Note 114. The prohibition to use exempt space as an intermediate station in transport from private to public domain is in the Babli 8b; Tosephta 1:6.. But we must deal with the case that it is neither four wide nor ten high171This text contradicts the prior statement that we are dealing with a domain four-by-four wide but not ten high. In addition, a place in the public domain not four-by-four wide and not ten high is public domain and not karmelit. One has to read: “four wide but not ten high” as noted by Qorban Haˋedah.. A threshold in front of the door; others172Babli 6a,9a. Even though in the Mishnah “others” means R. Nathan, here it cannot mean this since R. Nathan dissents. say whenever the door is open it is entirely inside173If the threshold is not 10 hand-breadths higher than the public domain. As Rashba explains (ad 9a), since the outside platform is flush with the interior of the house there is no need to rabbinically forbid carrying from the house to the platform. Tosephta 1:6., when it is locked it is entirely outside. What are we dealing with? If it is roofed174The entrance to the house is covered by a roof fastened to the house and two outside pillars. There is no reason not to consider this part of the house. even when it is locked it is entirely inside, if it is not roofed even when it is open it is entirely outside. But we must deal with the case that it is partially roofed175There are two possible interpretations. One is that one refers to the entrance to a house where the platform in front of the door extends beyond the roof. The other is that one speaks of the entrance to a dead-end street which was made into a private domain by a log lying horizontally over the entrance which is higher than the public road into which it opens. In that case the log, in order to count as a roof, must be four hand-breadths wide. and partially not roofed. What does it mean, when it is locked it is entirely outside? It is permitted for use from it to the outside and from the outside to it. If there was a hole in the door it is forbidden for use from it to the hole and from the hole to it. Rebbi Nathan says, when it is locked it is entirely outside; when it is open it is partially inside and partially outside. And that is what we wanted to say; a threshold of four when the door is locked is entirely outside, also when the door is open it is partially inside and partially outside176Because only the space under the roof is counted as part of the house..
חזון יחזקאל על תוספתא שבת א, א:
הנה הלשון "ארבע רשויות" משמע דגם מקום פטור הוא רשות בפני עצמה, אבל בירושלמי מכלתין אשר שם נעתקה תוספתא זו פתח בארבע רשויות וקחשיב רשות היחיד, רשות הרבים, כרמלית, והרשות הרביעית היא מבואות שאינן מפולשות. ולהאי חלוק גרסאות שבין תלמודא דידן לתלמודא דמערבא יש נפקותא גדולה לדינא: אם מקום פטור הוא בכלל ארבע רשויות, ואז יש דין מקום פטור גם בכרמלית, או מקום פטור אינו חולק רשות לעצמה ואיתא רק ברה"ר אבל לא בכרמלית.
מי טל, הוצאה, ד:
ויתכן לומר בזה דלהך שיטה הנה סברת הלישנא קמא שבדף צו ע"ב דהוצאה לאו מלאכה גרועה היא, הוא משום דס"ל דיסוד החיוב דמוציא מרה"י לרה"ר הוא משום דהם ב' "שמות" נפרדים וחלוקים ביסודם, דזה רשות "היחיד" וזה רשות "הרבים" (ולא משום שהם ב' "מקומות" נפרדים).
איך אפשר להסביר את החקירה ברשויות שבת על פי כל האמור לעיל, במיוחד מדברי דברות משה
(רמז: מי מחשיב יותר את ההוצאה כפעולת מלאכה – מי שרואה את הרשויות כחלויות, או מי שרק רואה את ההבדל הטכני ביניהן?)

עירובין

הכשר מבוי וחצר
א. מבוי שהוא גבוה למעלה מעשרים אמה ימעט, רבי יהודה אומר אינו צריך. והרחב מעשר אמות ימעט, ואם יש לו צורת הפתח, אף על פי שהוא רחב מעשר אמות, אין צריך למעט.
ב. הכשר מבוי, בית שמאי אומרים לחי וקורה ובית הלל אומרים לחי או קורה, רבי אליעזר אומר לחיין. משום רבי ישמעאל אמר תלמיד אחד לפני רבי עקיבא לא נחלקו בית שמאי ובית הלל על מבוי שהוא פחות מארבע אמות שהוא או בלחי או בקורה, על מה נחלקו על רחב מארבע אמות ועד עשר, שבית שמאי אומרים לחי וקורה ובית הלל אומרים או לחי או קורה. אמר רבי עקיבא, על זה ועל זה נחלקו.
If an alleyway is enclosed on three sides with courtyards opening into it from three sides, and the fourth side opens into a public domain, it is prohibited by rabbinic law to carry objects in it on Shabbat. However, carrying in an alleyway under those circumstances is permitted if a cross beam is placed horizontally over the entrance to the alleyway. The mishna teaches that if the cross beam spans the entrance to an alleyway at a height above twenty cubits, one must diminish the height of the cross beam so that it is less than twenty cubits. Rabbi Yehuda says: He need not diminish it, since the cross beam enables one to carry in the alleyway even at that height. If the entrance to the alleyway is wider than ten cubits, one must diminish its width. However, if the entrance to the alleyway has the form of a doorway, i.e., two vertical posts on the two sides, and a horizontal beam spanning the space between them, even if it is wider than ten cubits, he need not diminish it, as it is then regarded as an entrance, rather than a breach, even if it is very wide. There is a basic dispute with regard to the method of rendering an alleyway fit for one to carry within it on Shabbat. Beit Shammai say: Both a side post and a cross beam are required. Beit Hillel say: Either a side post or a cross beam. Rabbi Eliezer says: Two side posts are required, one on each side of the alleyway. In the name of Rabbi Yishmael, one student said before Rabbi Akiva: Beit Shammai and Beit Hillel did not disagree about an alleyway that is less than four cubits wide, as they both agree that carrying is rendered permitted by either a side post or a cross beam. With regard to what did they disagree? It is with regard to an alleyway that is wider than four cubits, and up to ten cubits wide; as Beit Shammai say: It requires both a side post and a cross beam. And Beit Hillel say: It requires either a side post or a cross beam. Rabbi Akiva said to the disciple: It is not so, as they disagree both about this case, i.e., an alleyway that is less than four cubits wide, and about that case, i.e., an alleyway that is between four and ten cubits wide.
תנן התם: סוכה שהיא גבוהה למעלה מעשרים אמה - פסולה, ורבי יהודה מכשיר. מאי שנא גבי סוכה דתני פסולה וגבי מבוי תני תקנתא? - סוכה דאורייתא - תני פסולה, מבוי דרבנן - תני תקנתא.
MISHNA: If an alleyway is enclosed on three sides with courtyards opening into it from three sides, and the fourth side opens into a public domain, it is prohibited by rabbinic law to carry objects in it on Shabbat. However, carrying in an alleyway under those circumstances is permitted if a cross beam is placed horizontally over the entrance to the alleyway. The mishna teaches that if the cross beam spans the entrance to an alleyway at a height above twenty cubits, one must diminish the height of the cross beam so that it is less than twenty cubits. Rabbi Yehuda says: He need not diminish it, since the cross beam enables one to carry in the alleyway even at that height. If the entrance to the alleyway is wider than ten cubits, one must diminish its width. However, if the entrance to the alleyway has the form of a doorway, i.e., two vertical posts on the two sides, and a horizontal beam spanning the space between them, even if it is wider than ten cubits, he need not diminish it, as it is then regarded as an entrance, rather than a breach, even if it is very wide. GEMARA: We learned in a mishna there, in tractate Sukka: A sukka that is more than twenty cubits high is unfit, and Rabbi Yehuda deems it fit. The halakhot are similar in substance but differ in formulation, and accordingly the Gemara asks: What is the difference that with regard to a sukka the mishna teaches that it is unfit, whereas with regard to an alleyway, it teaches the method of rectification, that one must diminish the height of the cross beam? The Gemara answers: With regard to sukka, since it is a mitzva by Torah law, the mishna teaches that it is unfit, as if it is not constructed in the proper manner, no mitzva is fulfilled. Whereas with regard to an alleyway, where the entire prohibition of carrying is only by rabbinic law, the mishna teaches the method of rectification, as the cross beam comes only to rectify a rabbinic prohibition, but does not involve a mitzva by Torah law. The Gemara suggests an alternative explanation: And if you wish, say instead that even with regard to matters prohibited by Torah law, it would have been appropriate for the mishna to teach a method of rectification. However, with regard to sukka, whose matters are numerous, it categorically teaches that it is unfit. Merely diminishing the height of a sukka is insufficient to render it fit; it must also satisfy requirements governing its size, its walls, and its roofing. Teaching the remedy for each disqualification would have required lengthy elaboration. With regard to an alleyway, however, whose matters are not numerous, the mishna teaches the method of rectification. Once the height is diminished, it is permitted to carry in the alleyway. Rav Yehuda said that Rav said: The Rabbis only derived this halakha, that an opening more than twenty cubits high is not considered an entrance, from the doorway of the Sanctuary, the inner sanctum of the Temple. And Rabbi Yehuda only derived his opinion, that even an opening more than twenty cubits high is considered an entrance, from the doorway of the Entrance Hall leading into the Sanctuary. As we learned in a mishna: The doorway of the Sanctuary is twenty cubits high and ten cubits wide, and that of the Entrance Hall is forty cubits high and twenty cubits wide. The Gemara explains the basis of this tannaitic dispute. Both of them, the Rabbis and Rabbi Yehuda, interpreted the same verse homiletically: “And he shall lay his hand upon the head of his offering and slaughter it at the doorway of the Tent of Meeting, and Aaron’s sons, the priests, shall sprinkle the blood on the altar round about” (Leviticus 3:2). As the Rabbis hold that the sanctity of the Sanctuary is discrete and the sanctity of the Entrance Hall is discrete, i.e., the Sanctuary and the Entrance Hall have distinct levels of sanctity. And since the essence of the Temple is the Sanctuary and not the Entrance Hall, and since the Sanctuary in the Temple parallels the Tent of Meeting in the Tabernacle, when the verse speaks of the doorway of the Tent of Meeting, it is referring to the doorway of the Sanctuary. Therefore, the term doorway applies to an opening similar to the doorway of the Sanctuary, which is twenty cubits high. There is no source indicating that an opening with larger dimensions is also considered a doorway. And Rabbi Yehuda holds that the Sanctuary and the Entrance Hall are one, equal, sanctity, and therefore, when it is written: “The doorway of the Tent of Meeting,” it is referring to both of them, and accordingly, the term doorway applies to a larger entrance as well. The Gemara suggests an alternative understanding of the dispute. And if you wish, say instead that even according to Rabbi Yehuda, the sanctity of the Sanctuary is discrete and the sanctity of the Entrance Hall is discrete. And here, this is the reasoning of Rabbi Yehuda: By fusing together language from different verses, the result is as it is written: To the doorway of the Entrance Hall of the House. Therefore, even the doorway of the Entrance Hall is referred to in the Torah as a doorway, and the same is true of any opening with comparable dimensions. And the Rabbis say: Had the verse written: “To the doorway of the Entrance Hall,” it would be interpreted as you said. However, now that it is written: “To the doorway of the Entrance Hall of the House,” it is to be understood: To the doorway of the House that opens into the Entrance Hall, i.e., the Sanctuary, and consequently, the definition of doorway is derived from the dimensions of the doorway of the Sanctuary. The Gemara raises a difficulty with the very basis of this explanation: But when this is written: “The doorway of the Tent of Meeting,” isn’t it written with regard to the Tabernacle in the wilderness? How can the status in the permanent Sanctuary, i.e., the Temple in Jerusalem, be derived from matters stated with regard to the Tabernacle? The Gemara answers: We find that the Tabernacle is called Temple, and that the Temple is called Tabernacle; therefore, the halakhot that govern one can be derived from the other. As if you do not say so, that the Tabernacle and the Temple are one with regard to their halakhot, that which Rav Yehuda said that Shmuel said: Peace-offerings that were slaughtered in the Temple prior to the opening of the doors of the Sanctuary in the morning are disqualified would be difficult. That halakha is derived as it is stated: “And he shall slaughter it at the doorway [petaḥ] of the Tent of Meeting,” from which it is derived: When the doors to the Tent of Meeting are open [petuḥin], and not when they are closed. But when this is written: The doorway of the Tent of Meeting, isn’t it written with regard to the Tabernacle? Rather, for halakhic purposes, we find the Temple called Tabernacle, and the Tabernacle called Temple. The Gemara questions its previous conclusion: Granted, the Temple is called Tabernacle, as it is written: “And I will set My Tabernacle among you” (Leviticus 26:11), and the reference is to the permanent Sanctuary, i.e., the Temple, as the verse is referring to that which will transpire after the Jewish people settle in their land. However, the fact that the Tabernacle is called Temple, from where do we derive it? The Gemara answers: If you say that it is derived from that which is written: “And the Kehatites, the bearers of the Temple, set forward, that they may set up the Tabernacle before they came” (Numbers 10:21),
רב נחמן בר יצחק אמר: בלא רב מתנייתא אהדדי לא קשיין; לרבנן, קורה טעמא מאי - משום היכרא. והאי דקתני יתר מפתחו של היכל - סימנא בעלמא. ורב נחמן בר יצחק, הניחא אי לא סבירא ליה הא דרבה, אלא אי סבירא ליה הא דרבה, דאמר רבה: כתיב למען ידעו דרתיכם כי בסכות הושבתי עד עשרים אמה אדם יודע שדר בסוכה, למעלה מעשרים אמה - אין אדם יודע, משום דלא שלטא ביה עינא. אלמא: גבי סוכה נמי בהיכרא פליגי, איפלוגי בתרתי למה לי? צריכא, דאי אשמעינן גבי סוכה - בהא קאמר רבי יהודה, כיון דלישיבה עבידא - שלטא ביה עינא. אבל מבוי, דלהילוך עביד - אימא מודה להו לרבנן. ואי אשמעינן בהא - בהא קאמרי רבנן, אבל בהך - אימא מודו ליה לרבי יהודה, צריכא.
a molded or protruding cornice [amaltera] crowning the entrance should not be effective in rendering an alleyway fit to carry within it if it is higher than twenty cubits, as the Sanctuary had a cornice, and even so it was twenty cubits high, and no more. As we learned in a mishna: Over it were five oak cornices, one protruding above the other. The Gemara attempts to dismiss this difficulty: And, with regard to that mishna, what is the refutation? Perhaps when that mishna with regard to cornices was taught, it was taught with regard to the Entrance Hall, whose height was forty cubits, and not with regard to the Sanctuary. The Gemara responds: And what is the difficulty with that? Perhaps the design of the Sanctuary was like the design of the Entrance Hall. Just as there were cornices in one doorway, there were cornices in the other. The Gemara returns to its question with regard to a cornice: Why then did Rabbi Ile’a say that Rav himself said: If the width of a cross beam is four handbreadths, even if it is not sturdy, it renders the alleyway fit for carrying within it. And if it has a cornice, even if it is higher than twenty cubits, one need not diminish its height. Rav Yosef said: This halakha with regard to a cornice was not actually stated by Rav, but rather it is a baraita. Who, in fact, teaches that baraita? Perhaps it is not an authoritative baraita, and Rav does not have to accept what it says. Abaye said: Isn’t it Ḥama, son of Rabba bar Avuh, who teaches it? And therefore, even if the halakha with regard to a cornice will be a baraita, it nevertheless poses a difficulty to Rav. Rav could have said to you: Even if you eliminate me and my explanation from the discussion here, don’t the two baraitot themselves, the baraita that states that the Rabbis derive the dimensions of an entrance from the doorway of the Sanctuary and the baraita that states that in the case of a cornice, even if it is higher than twenty cubits, it need not be lowered, contradict each other? Rather, what have you to say to reconcile the contradiction? The matter is the subject of a dispute between tanna’im; so too, according to my opinion, it is the subject of a dispute between tanna’im. Rav Naḥman bar Yitzḥak said: Without Rav, the baraitot do not contradict each other, as according to the Rabbis, what is the reason that a cross beam renders an alleyway fit for carrying? Because it serves as a conspicuous marker between the alleyway and the public domain. Ordinarily a cross beam more than twenty cubits high is not noticeable; however, a cornice attracts attention even at that height. And that which is taught in the other baraita with regard to the height of a beam at the entrance to an alleyway: Greater than the entrance of the Sanctuary, is merely a mnemonic device. No actual halakhot are derived from the entrance of the Sanctuary. The Gemara notes: And that the explanation of Rav Naḥman bar Yitzḥak works out well if he does not hold this opinion of Rabba; however, if he holds this opinion of Rabba, it is difficult. As Rabba said with regard to the fitness of a sukka whose roofing is higher than twenty cubits that it is written: “In order that your generations should know that I made the children of Israel dwell in booths when I brought them out of the land of Egypt; I am the Lord your God” (Leviticus 23:43). When the roofing of a sukka is up to twenty cubits high, a person is aware that he is dwelling in a sukka; however, when the roofing of the sukka is above twenty cubits, a person is not aware that he is dwelling in a sukka, because the eye does not discern the sukka roofing. One does not usually raise his head to look that high, and consequently, he sees the walls and does not notice the defining feature of the sukka, its roofing. The Gemara explains the difficulty: Apparently, with regard to sukka as well, the Rabbis and Rabbi Yehuda disagree whether or not an item more than twenty cubits high is conspicuous. According to Rav Naḥman bar Yitzḥak, why do I need them to disagree about the same point in two cases, that of sukka and that of an alleyway? That the dispute between the Rabbis and Rabbi Yehuda with regard to sukka revolves around this issue indicates that their dispute with regard to an alleyway revolves around a different point, as asserted by Rav. The Gemara answers: It is necessary to teach both disputes, as had the mishna taught us only with regard to sukka, one might have thought that only in this case does Rabbi Yehuda say that an object is conspicuous even above twenty cubits; since a sukka is designed for extended dwelling, the eye undoubtedly discerns the roofing at some point. However, in the case of an alleyway, which is designed for walking, say that he concedes to the Rabbis that a person walking in an alleyway does not notice objects at so significant a height. And had the mishna taught us only with regard to that case of an alleyway, one might have thought that only in that case do the Rabbis say that people do not notice objects at so significant a height; however, in that case of sukka, say that they concede to Rabbi Yehuda, for the above-stated reason. Therefore, it is necessary to teach both disputes. The Gemara seeks to arrive at a precise definition of amaltera, translated above as cornice. What is an amaltera? Rav Ḥama, son of Rabba bar Avuh, said: It refers to decorative wood carvings in the shape of birds’ nests. When Rav Dimi came from Eretz Yisrael to Babylonia, he said that they say in the West, Eretz Yisrael, it is referring to cedar poles. The Gemara explains: The one who said that amaltera refers to cedar poles would all the more so permit use of carvings of birds’ nests, as a cross beam engraved with images attracts attention and is noticeable even at a great height. However, the one who said that amaltera refers to carvings of birds’ nests would say that the halakha with regard to a cornice applies only to them, but not to cedar poles. The Gemara clarifies the opinion of the one who said cedar poles. What is the reason for his opinion? He holds that since its length is great, a cedar pole attracts attention. But isn’t the length of a sukka great as well, and nevertheless, the Rabbis say that a sukka higher than twenty cubits is not fit? Rather, the reason is as follows: Since a cedar pole is of significant value, it generates publicity. People passing through an alleyway stop and stare at a cross beam of that kind, even when it is higher than twenty cubits, leading others to do so as well. The Gemara raises a question: If part of the cross beam of an alleyway is within twenty cubits of the ground, and part of the cross beam is above twenty cubits, and similarly, if part of the roofing of a sukka is within twenty cubits, and part of the roofing is above twenty cubits, what is its legal status? Rabba said: In the case of an alleyway, it is fit; in the case of a sukka, it is unfit. The Gemara asks: What is different in the case of an alleyway that the ruling is that it is fit? It is because we say: Thin the part of the cross beam that is beyond twenty cubits, i.e., consider it as if it were not there. If so, in the case of sukka too, say: Thin the roofing that is beyond twenty cubits. The Gemara answers: If you thin the roofing beyond twenty cubits, it will result in a sukka whose sun is more than its shade. Were the section of the roofing above twenty cubits removed, the roofing that remained would not provide sufficient shade for the sukka. The Gemara rejects this argument: Here too, in the case of a cross beam, if you thin the section above twenty cubits, it would become a weak and unstable cross beam that is removed by the wind, which does not render the alleyway fit for carrying within it. Rather, perforce, the status of the remaining parts of those cross beams becomes like that of metal skewers [shefudin], which, although they are thin, are not removed by the wind. Here too, in the case of a sukka, perforce, even after the upper roofing is removed, the status of the sukka becomes like that of a sukka whose shade is more than its sun. The Gemara explains Rabba’s distinction differently. Rava from Parzakya said: A sukka, which is generally erected for an individual, if the portion of the roofing below twenty were removed and only the portion above twenty remained, he would not be reminded to lower the remaining roofing and would dwell in a sukka that is unfit. An alleyway, in contrast, which is used by many people, if the section of the cross beam below twenty cubits were removed, they would remind each other to remedy the situation. Ravina said a different explanation: With regard to a sukka, since its mitzva is by Torah law, the Sages were stringent. However, with regard to an alleyway, since the entire requirement to place a cross beam across the entrance in order to permit carrying in an alleyway is only by rabbinic law, the Sages were not stringent. The Gemara cites a different version of Rabba’s distinction: Rav Adda bar Mattana taught this halakha of Rabba in the opposite manner. Rabba said: In the case of an alleyway, it is unfit; in the case of a sukka, it is fit. As a result, all the previous explanations must be reversed. The Gemara asks: What is different in the case of a sukka that it is fit? Because we say: Thin the roofing that is beyond twenty cubits. If so, then in the case of a cross beam as well, let us say: Thin the part of the cross beam that is beyond twenty cubits. The Gemara answers: If you thin the part beyond twenty cubits, it will become a weak and unstable cross beam that moves in the wind. The Gemara rejects this argument: Here too, in the case of a sukka, if you thin the upper section of the roofing, it would become a sukka whose sun is more than its shade. Rather, perforce, even after the upper roofing is removed, the status of the sukka becomes like that of a sukka whose shade is more than its sun; here too, in the case of an alleyway, perforce, the status of the remaining parts of those cross beams becomes like that of metal skewers, which, although they are thin, do not move in the wind. The Gemara offers a different explanation of Rabba’s distinction: Rava from Parzakya said: In the case of a sukka, which is generally erected for an individual, he casts responsibility upon himself and is reminded to make certain that the roofing is fit. In the case of an alleyway, which is used by many people, they are likely to rely upon each other and are not reminded to check the height of the cross beam. As people say: A pot belonging to partners is neither hot nor cold. When responsibility falls upon more than one person, each relies on the other, and ultimately the task is not completed. Ravina offered a different explanation and said: The mitzva of sukka, which is by Torah law, does not require reinforcement by the Sages, and consequently, they were lenient in that case. However, since the entire requirement to place a cross beam across the entrance to an alleyway is by rabbinic law, it requires reinforcement, and therefore the Sages were stringent. Since there are two contradictory versions of Rabba’s statement, the Gemara inquires: What practical conclusion was reached about this problem, if part of the roofing of the sukka or the cross beam was above twenty cubits? Rabba bar Rav Ulla said: In that case, both this, an alleyway, and that, a sukka, are unfit. Rava said: Both this and that are fit,
מבוי - דכל עיקריה דרבנן הוא, לא שייך למימר ביה לשון פסלות, שהרי כאן התחילו להראותך עסקי מבוי ותורותיו, ומאי פסול שייך למימר, אכתי לא הודיעוך רבנן שיעוריה בהכי, דליתני: אם לא עשה כן - פסול.
חידושי המאירי שם ד"ה 'אמר המאירי המשנה הראשונה':
וכן הדין במבוי הסתום והוא שיש בו כותלים משלש רוחותיו ופתוח מצד רביעי לרה"ר וכל שכן לכרמלית אף על פי שאין בו כלום מצד רביעי רה"י גמורה הוא בין לזרוק בין לטלטל והלכת סיני החמירה להצריך מרוח רביעי לחי או קורה להיתר טלטול וזו היא שיטת בית הלל שהלכה כמותו ואין צריך בה ללחי או קורה כדברי גדולי המחברים שלדעת בית הלל מן התורה שלש מחיצות הוא דבעינן בין לזרוק בין לטלטל כמו שכתבנו ואתאי הלכתא לאוסופי אטלטול ברביעית לחי או קורה כל זה היה בדין תורה עם צירוף הלכה והוא שאמרו ד' א' מחיצין הלכה למשה מסיני.
... ושלמה ובית דינו תקנו עוד שלא לטלטל מבתים לחצר אלא בעירוב לרמוז שכלם שוים באותו אוכל וכן יהו כלם שוים באותו הרשות כברשות אחת והוא הנקרא עירובי חצרות וכן לא מחצר למבוי אא"כ בעירוב גם כן והוא הנקרא שתופי מבואות.
חידושי הגרי"ז עירובין א, א:
אכן נראה דנהי דמדאורייתא אין המבוי שהכשירו בקורה נידון כרה"י והזורק לתוכו פטור אבל לענין דין טלטול שוינהו רבנן כרה"י... הרי להדיא דמדרבנן מיהא נחשבת הקורה כסתימה ברוח רביעית ונעשה רה"י ומכח דין רה"י הוא שניתר בטלטול ומשו"ה שפיר אית ביה דין עירוב ככל רה"י אבל בשלש מחיצות בלבד בלא לחי וקורה שאין בו שום דין רה"י לא מדאורייתא ולא מדרבנן וכל היתרו מדאורייתא הוא מדין מקום פטור א"כ אינו מענינו כלל של דין עירוב ואיסור דיורין הנאמר ברה"י.
איך אפשר להסביר את ההתלבטות בעניין גדר העירוב על פי הכיוונים ברשויות ועל פי הכיוונים בשבת, ואיך הגרי"ז מגשר בין שתי התפיסות?
(רמז: האם הקורה עושה רק היכר שלא ייכנסו, אבל אין לזה שום משמעות בחפצא של המבוי והחצר?)
לחי וקורה
הכשר מבוי, בית שמאי אומרים לחי וקורה ובית הלל אומרים לחי או קורה, רבי אליעזר אומר לחיין. משום רבי ישמעאל אמר תלמיד אחד לפני רבי עקיבא לא נחלקו בית שמאי ובית הלל על מבוי שהוא פחות מארבע אמות שהוא או בלחי או בקורה, על מה נחלקו על רחב מארבע אמות ועד עשר, שבית שמאי אומרים לחי וקורה ובית הלל אומרים או לחי או קורה. אמר רבי עקיבא, על זה ועל זה נחלקו.
There is a basic dispute with regard to the method of rendering an alleyway fit for one to carry within it on Shabbat. Beit Shammai say: Both a side post and a cross beam are required. Beit Hillel say: Either a side post or a cross beam. Rabbi Eliezer says: Two side posts are required, one on each side of the alleyway. In the name of Rabbi Yishmael, one student said before Rabbi Akiva: Beit Shammai and Beit Hillel did not disagree about an alleyway that is less than four cubits wide, as they both agree that carrying is rendered permitted by either a side post or a cross beam. With regard to what did they disagree? It is with regard to an alleyway that is wider than four cubits, and up to ten cubits wide; as Beit Shammai say: It requires both a side post and a cross beam. And Beit Hillel say: It requires either a side post or a cross beam. Rabbi Akiva said to the disciple: It is not so, as they disagree both about this case, i.e., an alleyway that is less than four cubits wide, and about that case, i.e., an alleyway that is between four and ten cubits wide.
אמר רב יהודה: מבוי שלא נשתתפו בו, הכשירו בלחי - הזורק לתוכו חייב, הכשירו בקורה - הזורק לתוכו פטור. מתקיף לה רב ששת: טעמא דלא נשתתפו בו, הא נשתתפו בו - אפילו הכשירו בקורה נמי חייב. וכי ככר זו עשה אותו רשות היחיד או רשות הרבים? והתניא: חצירות של רבים ומבואות שאינן מפולשין, בין עירבו ובין לא עירבו - הזורק לתוכן חייב! אלא אי איתמר הכי איתמר, אמר רב יהודה: מבוי שאינו ראוי לשיתוף, הכשירו בלחי - הזורק לתוכו חייב. הכשירו בקורה - הזורק לתוכו פטור. אלמא קסבר: לחי משום מחיצה, וקורה משום היכר. וכן אמר רבה: לחי משום מחיצה וקורה משום היכר. ורבא אמר: אחד זה ואחד זה משום היכר.
The Gemara answers: With what are we dealing here in this baraita? It is a case where the wall has not been fully breached, but rather remnants of the wall remain on each side (Rabbeinu Ḥananel; Rif). Rav Yehuda said: If several courtyards open onto a common alleyway, the residents of the houses in the courtyards are prohibited to carry in the alleyway, unless the alleyway is rendered fit for one to carry within it by placing a side post or a cross beam at its entrance, and by the inhabitants of each courtyard placing food in a common area for the duration of Shabbat, symbolically converting the entire alleyway into a single household. It is prohibited to carry in an alleyway that the residents did not merge. Nevertheless, if the alleyway was rendered fit by means of a side post placed at its entrance, one who throws an object into it from the public domain is liable; the side post functions as a partition, and the alleyway is deemed a full-fledged private domain. If, however, the alleyway was rendered fit by means of a cross beam, one who throws an object into it from the public domain is exempt; the cross beam functions only as a conspicuous marker. It is not considered a partition that renders the alleyway a private domain. Rav Sheshet strongly objects to this due to the following: The reason that one is exempt in the latter case is due to the fact the residents of the alleyway did not merge. By inference, if they did in fact merge, one would be liable even if the alleyway was rendered fit by way of a cross beam. This, however, is difficult. One can ask: Does this loaf, through which the residents joined together to form a single household, render the alleyway a private domain or a public domain? But wasn’t it taught in a baraita: Courtyards shared by many and alleyways that are not open on two opposite sides, whether the residents established an eiruv or did not establish an eiruv, one who throws an object into them from the public domain is liable. This seems to contrary to Rav Yehuda’s statement. Rather, if it was stated, it was stated as follows. Rav Yehuda said: In the case of an alleyway that is not fit for merging, i.e., an alleyway that is open on two opposite sides, if the alleyway was rendered fit for one to carry within it by means of a side post, one who throws an object into it from the public domain is liable. In that case, the side post is considered a third partition, and since the alleyway is closed on three sides it is deemed a private domain. If, however, the alleyway was rendered fit for one to carry within in by means of a cross beam, one who throws an object into it is exempt. Apparently, Rav Yehuda holds that a side post functions as a partition, whereas a cross beam functions as a conspicuous marker but is not considered a partition. And, so too, Rabba said: A side post functions as a partition, whereas a cross beam functions as a conspicuous marker. But Rava said: Both this, the side post, and that, the cross beam, function as a conspicuous marker. Rabbi Ya’akov bar Abba raised an objection to Rava from the following baraita: One who throws an object from the public domain into an alleyway, if the alleyway has a side post, he is liable; if it does not have a side post he is exempt. This shows that a side post is considered a proper partition. Rava replied: This is what the baraita is saying: If the alleyway is closed on one side such that it requires only a side post in order to permit carrying within in, one who throws an object into it from the public domain is liable because the alleyway already has three partitions and is therefore a proper private domain according to Torah law. However, if the alleyway requires a side post and something else in order to permit carrying within it, one who throws an object into it from the public domain is exempt because the alleyway has only two partitions and is therefore not considered a private domain. He raised an additional objection to Rava from the following baraita. Furthermore, Rabbi Yehuda said: The halakha is as follows with regard to one who has two houses opposite each other on two sides of the public domain, if he chooses, he may create a private domain for himself in the area of the public domain. He may place a ten-handbreadth high side post from here, perpendicular to the public domain. This creates a symbolic wall which, in the halakhot of alleyways, has the legal status of a wall. And, he may place an additional post from here, on the other side, and that has the same legal status as if he closed the public domain on all of its sides. Or, he can implement a different solution appropriate for alleyways by placing a beam extending from here, from one end of one house, to the end of the house opposite it. This creates a symbolic partition across the width of the street. And, he may place a beam extending from here, from the other side of the house. According to Rabbi Yehuda, in that way, one is permitted to carry objects and place them in the area between the symbolic partitions, as he would in a private domain. The Rabbis said to him: One may not place an eiruv in the public domain in that way. One who seeks to transform a public domain into a private domain must place actual partitions. Apparently, according to Rabbi Yehuda, the side posts function as partitions in the public domain, creating a private domain between the two houses. It follows from this that a side post is in fact deemed a proper partition, contrary to Rava’s statement. The Gemara answers: This is not the reason behind Rabbi Yehuda’s statement. Rather, there Rabbi Yehuda holds that by Torah law two partitions suffice to constitute a private domain, and he requires side posts only as a conspicuous marker. Therefore, Rava’s position cannot be disproved from this source either. Rav Yehuda said that Rav said: Unlike other alleyways, carrying within an alleyway whose length is equal to its width is not permitted by means of a side post of minimal width. Like a courtyard, carrying within it is permitted only by means of an upright board four handbreadths wide. Rav Ḥiyya bar Ashi said in the name of Rav: Carrying within an alleyway whose length is equal to its width is not permitted by a cross beam with the width of a handbreadth. Rabbi Zeira said: How precise are the traditions of the Elders. He explains: Since the length of the alleyway is equal to its width, it is regarded like a courtyard, and carrying within a courtyard is not permitted by means of a side post or a cross beam, but only by means of an upright board of four handbreadths. Rabbi Zeira said: Nonetheless, if this issue is difficult for me to understand, this is my difficulty: Let this side post be considered like an upright board of minimal width and permit carrying within the alleyway, just as an upright board permits carrying in a breached courtyard. The Gemara explains that this is incorrect, as that which Rabbi Asi said that Rabbi Yoḥanan said escaped Rabbi Zeira’s attention: The upright boards of a courtyard must be four handbreadths wide, whereas a side post may be of minimal size. Rav Naḥman said: We have a tradition that states: What is the type of alleyway in which carrying is permitted by means of a side post or a cross beam? Any alleyway whose length is greater than its width and has houses and courtyards opening into it. And what is the type of courtyard in which carrying is not permitted by means of a side post or a cross beam, but by an upright board of four handbreadths? Any courtyard that is square. The Gemara wonders: If it is square, then yes, is it considered a courtyard? If it is round, no, is it not considered a courtyard? The Gemara makes a correction: This is what it is saying: If its length is greater than its width, it is considered an alleyway, and for an alleyway a side post or a cross beam suffices; but if its length is not greater than its width, i.e., it is square, it is considered a courtyard. The Gemara asks: And by how much must its length exceed its width so that it can be considered an alleyway? Shmuel thought at first to say: It is not considered an alleyway unless its length is double its width, until Rav said to him: My uncle [ḥavivi], Rav Ḥiyya, said this: Even if its length is greater than its width by only a minimal amount, the halakhot of an alleyway apply to it. We learned in the mishna: A certain disciple said before Rabbi Akiva in the name of Rabbi Yishmael, etc.
איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
מבוי כשר
דאמר רבין בר רב אדא אמר רבי יצחק: מעשה במבוי אחד שצידו אחד כלה לים וצידו אחד כלה לאשפה, ובא מעשה לפני רבי ולא אמר בה לא היתר ולא איסור. איסור לא אמר בה - דהא קיימי מחיצות, היתר לא אמר בה - חיישינן: שמא תינטל אשפה, ויעלה הים שרטון.
And with regard to what first entered our minds, that Rav and Shmuel disagree both in the case where the residents of the alleyway and the residents of the yard established an eiruv together, as well as in the case where they did not establish an eiruv together, explanation is necessary. The Gemara seeks to explicate on what point they disagree in the case where they established a joint eiruv, and on what point they disagree in the case where they did not establish a joint eiruv. That is to say, what is the crux of the argument in these two cases? The Gemara explains: In the case where they did not establish a joint eiruv, Rav and Shmuel disagree concerning the halakha governing an alleyway that appears closed from the outside. Outside the alleyway there is a wider courtyard, so that from the perspective of those standing in the courtyard, the breach at the end of the alleyway seems like an entrance, and the alleyway appears to be closed, but appears to be even from the inside. From the perspective of those inside the alleyway, the breach is even with the walls of the alleyway, so that the breach does not look like an entrance, and the alleyway appears to be open. The dispute revolves around the question of whether an alleyway of this kind is considered open or closed. According to the authority who says that it is considered a closed alleyway, one is permitted to carry within an alleyway that terminates in a backyard in this manner. And in the case where they established a joint eiruv, they disagree about the principle stated by Rav Yosef. For Rav Yosef said: The allowance to carry in an alleyway that terminates in a backyard was only taught in a case where the alleyway terminates in the middle of the backyard, so that when viewed from the yard, the alleyway appears to be closed. But if it terminates on one of the sides of the backyard, so that the alleyway and yard appear continuous, carrying in the alleyway is prohibited. Rabba took the discussion one step further and said: That which you say: Where the alleyway terminates in the middle of the backyard, carrying is permitted, this was only stated with regard to a case where the breach in the back wall of the alleyway into the yard and the breach in the facing wall of the yard into the public domain are not opposite one another. But if the two breaches are opposite one another, carrying within the alleyway is prohibited. Rav Mesharshiya continued this line of thought and said: That which you say: If the two breaches are not opposite one another, carrying within the alleyway is permitted, this was only stated with regard to the case where the backyard belongs to many people. But if the yard belongs to a single individual, he might sometime change his mind about it and build houses in that part of the yard that is wider than the alleyway, and then the alleyway will become like an alleyway that terminates on one of the sides of the backyard, which is prohibited. If the owner of the yard closes off one side of the yard with houses, the alleyway will no longer terminate in the middle of the yard, but on one of its sides, in which case carrying will be forbidden. Consequently, although the houses have not yet been built, adjustments must be made in the alleyway to permit carrying, so that no problems should arise in the future. Rav Mesharshiya adds: And from where do you say that we distinguish between a backyard that belongs to many people and a backyard that belongs to a single individual? As Ravin bar Rav Adda said that Rabbi Yitzḥak said: There was an incident involving a certain alleyway, where one of its sides terminated in the sea and one of its sides terminated in a refuse heap, resulting in an alleyway closed on both sides. And the incident came before Rabbi Yehuda HaNasi, so that he may rule on whether these partitions are sufficient or whether some additional construction is necessary, and he did not say anything about it, neither permission nor prohibition. The Gemara clarifies: Rabbi Yehuda HaNasi did not state a ruling indicating a prohibition to carry in the alleyway, for partitions, i.e., the sea and the refuse heap, indeed stand, and the alleyway is closed off on both sides. However, he also did not state a ruling granting permission to carry in the alleyway, for we are concerned that perhaps the refuse heap will be removed from its present spot, leaving one side of the alleyway open. And, alternatively, perhaps the sea will raise up sand, and the sandbank will intervene between the end of the alleyway and the sea, so that the sea can no longer be considered a partition for the alleyway. The Gemara continues: Are we really concerned that perhaps the refuse heap will be removed? But didn’t we learn in a mishna: A refuse heap in the public domain that is ten handbreadths high, so that it has the status of a private domain, and there is a window above the pile of refuse, i.e., the window is in a house adjacent to the refuse heap, we may throw refuse from the window onto the heap on Shabbat. Carrying on Shabbat from one private domain, i.e., the house, to another, i.e., the refuse heap, is permitted. We are not concerned that someone might remove some of the refuse, thus lowering the heap until it is no longer a private domain, such that throwing refuse upon it is prohibited. This seems to present a contradiction, for in some cases we are concerned that the refuse heap might be removed, but in other cases we are not. Apparently, we distinguish between a public refuse heap and a private refuse heap, such that in the case of a private refuse heap we cannot assume that it will remain in place permanently, as it is likely to be emptied at some point. Here, too, we distinguish between a backyard belonging to many people, where buildings are not likely to be added, and a backyard belonging to a single individual, where he might consider making changes and add buildings. The case involving an alleyway opening on one side to the sea and on the other side to a refuse heap was brought before Rabbi Yehuda HaNasi, who did not rule on the matter. The Gemara inquires: And the Rabbis of Rabbi Yehuda HaNasi’s generation, what was their opinion with regard to this case? The fact that we are told that Rabbi Yehuda HaNasi did not want to issue a ruling indicates that his colleagues disagreed with him. Rav Yosef bar Avdimi said: It was taught in a baraita: And the Rabbis prohibit carrying in such an alleyway. Rav Naḥman said: The halakha is in accordance with the statement of the Rabbis. There are some who state a different version of the previous statements as follows: Rav Yosef bar Avdimi said: It was taught in a baraita: And the Rabbis permit carrying in such an alleyway. Rav Naḥman said: The halakha is not in accordance with the opinion of the Rabbis. The Gemara relates: Mareimar would block off the ends of the alleyways of Sura, which opened to a river, with nets to serve as partitions. He said: Just as we are concerned that perhaps the sea will raise up sand, so too, we are concerned that the river will raise up sand, and hence we cannot rely on its banks to serve as partitions. The Gemara further relates: With regard to a certain crooked L-shaped alleyway that was in Sura, the residents of the place rolled up a mat and placed it at the turn to serve as a side post to permit carrying within it. Rav Ḥisda said: This was done neither in accordance with the opinion of Rav nor in accordance with that of Shmuel. The Gemara explains: According to Rav, who said that the halakha of a crooked L-shaped alleyway is like that of an alleyway that is open on two opposite sides, it requires an opening in the form of a doorway. And even according to Shmuel, who said that its halakha is like that of an alleyway that is closed at one side, so that carrying is permitted by means of a side post, this applies only to a case where a proper side post was erected. But with regard to this mat, once the wind blows upon it, it throws it over; it is regarded as nothing and is totally ineffective. The Gemara comments: But if a peg was inserted into the mat, and thus the mat was properly attached to the wall, it is considered attached and serves as an effective side post. The Gemara examines Rav Yirmeya bar Abba’s statement cited in the course of the previous discussion. As to the matter itself, Rav Yirmeya bar Abba said that Rav said: An alleyway that was breached along the entire length of its back wall into a courtyard, and likewise the courtyard was breached on its opposite side into the public domain, the courtyard is permitted for carrying, and the alleyway is prohibited for carrying. Rabba bar Ulla said to Rav Beivai bar Abaye: My Master, is this case not the same as our Mishna? A smaller courtyard that was breached along the entire length of one of its walls into a larger courtyard, the larger one is permitted for carrying, and the smaller one is prohibited, because the breach is regarded as the entrance to the larger courtyard. With regard to the larger courtyard, the breach running the entire length of the smaller courtyard is considered like an entrance in one of its walls, for the breach is surrounded on both sides by the remaining portions of the wall of the larger courtyard, and therefore carrying is permitted. With regard to the smaller courtyard, however, one wall is missing in its entirety, and therefore carrying is forbidden. This seems to be exactly the same as the case of an alleyway that was breached along the entire length of its back wall into a courtyard. He, Rav Beivai bar Abaye, said to him, Rabba bar Ulla: If this was learned from there alone, I would have said that we must distinguish between the cases: The Mishna’s ruling only applies in a place where many people do not tread. The breach between the smaller and larger courtyard will not cause more people to pass through the larger courtyard, and therefore it remains a unit of its own. But in a place where many people tread, i.e., in the case where a courtyard is breached on one side into an alleyway and on the other side into the public domain, you might say that carrying is prohibited even in the courtyard as well, owing to the people passing through it from the alleyway to the public domain. The Gemara raises a difficulty: But didn’t we already learn this as well, that the mere fact that many people tread through a courtyard does not forbid carrying, for we learned in the Tosefta: A courtyard that was properly surrounded by partitions, into which many people enter on this side and exit on that side, is considered a public domain with regard to the halakhot of ritual impurity, so that in cases of doubt, we say that the person or article is pure, but it is still a private domain with regard to the halakhot of Shabbat. Therefore, we see that with regard to Shabbat, the sole criterion is the existence of partitions, and the fact that many people pass through the courtyard does not impair its status as a private domain. The Gemara refutes this argument: If this was derived there alone, I would have said that this only applies in a case where the two breaches are not opposite one another,
אשפה - גבוהה עשרה, וים שפתו גבוה עשרה.
וה"ה מחיצות ים אוקינוס במה שמקיף כל עולם זה מקרי בקיעות רבים שרבים שטים ובאים מצד זה ועוברים בצד שכנגדו ממש הוא סתום זה י"ל דל"מ בקיעת רבים.
**29.** An alleyway whose one side ends at the sea and whose other side ends at a public refuse heap requires nothing, since a public refuse heap is not expected to be cleared away, and we do not worry that the sea will deposit silt (*shirton* — a dry patch like an island from which the water receded and which becomes fit for planting). Some disagree and hold that we do worry that silt may rise and there would be no partition.
יש כאן שתי הבנות למקרה שלא צריך בו תיקון מבוי. איך אפשר להסביר אותן על פי הכיוונים דלעיל?
צורת הפתח
רמב"ם הלכות שבת פרק יז הלכות א, ג, י:
א. מבוי שיש לו שלשה כתלים הוא הנקרא מבוי סתום, ומבוי שיש לו שני כתלים בלבד זה כנגד זה והעם נכנסין ברוח זו ויוצאין בשכנגדה הוא הנקרא מבוי המפולש.
ג. והיאך מתירין מבוי מפולש, עושה לו צורת פתח מכאן ולחי או קורה מכאן, ומבוי עקום תורתו כמפולש.
י. שני כתלים ברשות הרבים והעם עוברים ביניהם כיצד מכשיר ביניהם עושה דלתות מכאן ודלתות מכאן ואחר כך יעשה ביניהם רה"י, ואינו צריך לנעול הדלתות בלילה אבל צריך שיהיו ראויות להנעל, היו משוקעות בעפר מפנה אותן ומתקנן להנעל, אבל צורת פתח או לחי וקורה אינן מועילין בהכשר רה"ר.
הררי קדם ג, סימן יט, א:
צ"ב מה הנפקותא בין דברי הרמב"ם בהל' ג לדברי הרמב"ם בהל' י, וצ"ע. ומעתה נראה לומר בדעת הרמב"ם דזהו החילוק בין ד' הרמב"ם בהל' ג לדבריו בהל' י דהרמב"ם בהל' ג מיירי במבואות המפולשין, דהן אמנם יש עליהן דין רה"ר אבל מ"מ הם אינם "חפצא של רה"ר", ומשא"כ הרמב"ם בהל' י מיירי בשני כתלים ברה"ר דהוא חפצא של רה"ר. ובביאור שי' הרמב"ם נראה דס"ל דצוה"פ יש בה היקף של מחיצה אבל היא אינה חפצא של מחיצה וצוה"פ מהניא רק במבואות המפולשין שהם אינם חפצא של רה"ר מצד עצמם וכל הדין של רה"ר שיש בהם הוא רק מכח הפילוש לרה"ר וע"ז מהני הצוה"פ להפסיק את הפילוש לרה"ר ופקע מינייהו שם רה"ר ומשא"כ בהל' י דמיירי בשני כתלים ברה"ר שהוא חפצא של רה"ר מצד עצמה התם בעי' מחיצות כדי לבטל ממנה שם רה"ר ע"י שהיא רשות שבתוך מחיצות והתם בעי מחיצות ממש.
איך אפשר להסביר את ההתלבטות לגבי צורת הפתח על פי הכיוונים דלעיל?
עירוב חצרות והיחס לשיתוף מבואות
דתניא: חצר ניתרת בפס אחד, רבי אומר: בשני פסין. אמר רבי אסי אמר רבי יוחנן: חצר צריכה שני פסין.
at the town of Ovelin, and found him dwelling in an alleyway that had only one side post. He said to him: My son, set up another side post. Rabbi Yosei said to him: Am I required to close it up? Rabbi Eliezer said to him: Let it be closed up; what does it matter? We learned in that same Tosefta: Rabban Shimon ben Gamliel said: Beit Shammai and Beit Hillel did not disagree about an alleyway whose width is less than four cubits, as they both agree that this alleyway does not require anything to render it permitted for one to carry within it. About what did they disagree? About an alleyway that is wider than four cubits, and up to ten cubits; as Beit Shammai say: It is permitted to carry within it only if there is both a side post and a cross beam, and Beit Hillel say: It requires either a side post or a cross beam. The Gemara explains the proof from this Tosefta. In any case, it teaches: Rabbi Yosei ben Perida said to Rabbi Eliezer: Am I required to seal it? Granted, if you say that Rabbi Eliezer requires two side posts and a cross beam, for that reason the disciple said: Am I required to seal it? However, if you say that he requires side posts without a cross beam, what is the meaning of to seal it? The entrance to the alleyway remains open from above. The Gemara rejects this argument: No absolute proof can be cited from here, as perhaps this is what he is saying: Am I required to seal it with side posts? The Master said in the Tosefta: Rabban Shimon ben Gamliel said that Beit Shammai and Beit Hillel do not disagree about an alleyway whose width is less than four cubits, as they both agree that it does not require anything to render it permitted to carry within it. But didn’t we learn in the mishna: A certain disciple said before Rabbi Akiva in the name of Rabbi Yishmael: Beit Shammai and Beit Hillel did not disagree about an alleyway whose width is less than four cubits, as they both agree that carrying in an alleyway of that sort is permitted by either a side post or a cross beam. How could Rabban Shimon ben Gamliel have said that according to Beit Shammai and Beit Hillel even that minimal action is unnecessary? Rav Ashi said: This is what Rabban Shimon ben Gamliel is saying. It neither requires both a side post and a cross beam, in accordance with the opinion of Beit Shammai, nor does it require two side posts, in accordance with the opinion of Rabbi Eliezer; rather, it requires either a side post or a cross beam, in accordance with the statement of Beit Hillel with regard to a large alleyway. When it said that Rabban Shimon ben Gamliel does not require anything, it meant anything more than that required by Beit Hillel. The Gemara asks: And how narrow must an alleyway be so that it would not require even a side post, according to all opinions? Rav Aḥlei said, and some say it was Rav Yeḥiel who said: Up to a width of four handbreadths, the alleyway requires nothing in order to render it permitted for one to carry within it. Rav Sheshet said that Rav Yirmeya bar Abba said that Rav said: The Rabbis concede to Rabbi Eliezer with regard to the upright boards of a courtyard. That is to say, the Rabbis disagree with Rabbi Eliezer only about the number of side posts needed to permit carrying within an alleyway. However, they agree that if a courtyard was breached into the public domain, it can be considered closed only if upright boards of wall, similar to side posts, remain on both sides of the breach. But Rav Naḥman said: The halakha is in accordance with the opinion of Rabbi Eliezer with regard to the upright boards of wall that are required in a courtyard. Rav Naḥman bar Yitzḥak said: Who are the Rabbis to whom Rav referred when he stated that they concede to Rabbi Eliezer? He was referring to Rabbi Yehuda HaNasi. Furthermore, as Rav Naḥman said that the halakha is in accordance with the opinion of Rabbi Eliezer, one can learn by inference that the Sages dispute this issue as well. Who are the ones who disagree with Rabbi Yehuda HaNasi? It is the Rabbis, as it was taught in a baraita: In a courtyard that was breached into the public domain, with the width of the breach not exceeding ten cubits, it is permitted to carry if one upright board remains on one side of the breach. Rabbi Yehuda HaNasi says: It is permitted only if there remain two upright boards, one on each side of the breach. Rabbi Asi said that Rabbi Yoḥanan said: A courtyard that was breached requires two upright boards of wall on either side of the breach, in accordance with the opinion of Rabbi Yehuda HaNasi. Rabbi Zeira said to Rabbi Asi: Did Rabbi Yoḥanan really say that? But weren’t you the one who said in the name of Rabbi Yoḥanan: The upright boards in a courtyard must be four handbreadths wide? This indicates that only one board is necessary. And if you say that Rabbi Yoḥanan requires one upright four handbreadths board from here, one side of the breach, and one upright four handbreadths board from there, the other side of the breach, this is difficult. But didn’t Rav Adda bar Avimi teach the following baraita before Rabbi Ḥanina, and some say it was before Rabbi Ḥanina bar Pappi, with regard to the halakha governing a small courtyard that was breached along its entire length into a large courtyard. The baraita teaches that the residents of the large courtyard may use their courtyard even if the small courtyard has a width of ten cubits, and the large one has a width of eleven cubits. In this case, the difference between the length of the smaller courtyard and that of the larger courtyard is only one cubit, i.e., six handbreadths. Therefore, there cannot be upright boards of four handbreadths on each side, as together they would amount to more than a cubit. The Gemara resolves this difficulty: When Rabbi Zeira ascended from his sea travels, he explained the contradiction between the statements of Rav Yoḥanan in the following manner: If there is a upright board in only one direction, it must be four handbreadths, however, if there are upright boards from two directions, it suffices if there is any amount here, on one side, and any amount there, on the other side. And that which Adda bar Avimi taught with regard to the difference in size between the two courtyards is not universally accepted, as according to Rabbi Zeira it is sufficient if one courtyard is four handbreadths larger than the other. Rather, it is in accordance with the view of Rabbi Yehuda HaNasi, who requires two upright boards of wall in a breached courtyard. And furthermore, Rabbi Yehuda HaNasi holds in accordance with the opinion of Rabbi Yosei, who says that a side post must be at least three handbreadths wide. Consequently, the two upright boards together must be at least six handbreadths, which is why the minimum difference between the smaller and the larger courtyards is a cubit. Rav Yosef said that Rav Yehuda said that Shmuel said: A breached courtyard is permitted if one upright board of wall remains on one side of the breach. Abaye said to Rav Yosef: Did Shmuel really say this? But didn’t Shmuel say to Rav Ḥananya bar Sheila: You must not perform an action, i.e., issue a ruling to permit carrying in a breached courtyard, unless there remains standing either the majority of the wall or two upright boards on either side of the breach. Rav Yosef said to Abaye: I do not know how to resolve this contradiction. All I know is that there was an incident in a shepherds’ village with regard to a narrow inlet of the sea that penetrated a courtyard, breaching one of its walls in its entirety, and the matter came before Rav Yehuda, and he required only one upright board of wall to remain in order to permit it. Abaye said to Rav Yosef: You speak of a narrow inlet of the sea, but an inlet is different and nothing can be derived from that case, for we know that this is a leniency in which the Sages lessened the requirements in cases involving water. In these cases, the Sages did not require properly constructed partitions, but were satisfied with inferior ones. The Gemara supports the assertion that the Sages were more lax with regard to water from the following dilemma that Rabbi Tavla raised before Rav: Does a suspended partition permit carrying in a ruin? Do we say that the remnants of the walls that are suspended in the air are considered as if they descend to the ground, closing off the area so that it is regarded as a private domain? Rav said to him: A suspended partition of this kind permits carrying only in the case of water; this is a leniency in which the Sages lessened the requirements in cases involving water. The Gemara continues: In any case, it is difficult. The contradiction between the conflicting statements of Shmuel remains unresolved. The Gemara resolves the difficulty: When Rav Pappa and Rav Huna, son of Rav Yehoshua, came from the house of their teacher, they explained the contradiction in the following manner: If there is an upright board from only one direction, it must be of four handbreadths; but if there are upright boards from two directions, i.e., both sides of the breach, it suffices if there is a bit here, on one side, and bit here, on the other side. Rav Pappa said: If this issue is difficult for me to understand, this is my difficulty: For Shmuel said to Rav Ḥananya bar Sheila: You must not perform an action, i.e., issue a ruling to permit carrying in a breached courtyard, unless there remains standing either most of the wall or two upright boards on either side of the breach. The Gemara asks: Why do I need most of the wall? An upright board of four handbreadths should suffice. The Gemara further explains the difficulty: And if you say, what is the meaning of most of the wall mentioned here? It is referring to the special case where the wall is seven handbreadths wide, so that four handbreadths constitutes most of the wall, this too is difficult. Even if the wall is seven handbreadths wide, why do I require an upright board of four handbreadths to seal? Three handbreadths and any amount should suffice, as Rav Aḥlei, and some say it was Rav Yeḥiel who said: A narrow alleyway up to four handbreadths wide requires nothing at all. Here too, after sealing up slightly more than three handbreadths, the remaining gap that remains is less than four handbreadths, so nothing further should be required. The Gemara answers: If you wish, say that here, the statement of Shmuel is referring to a courtyard, where even a breach of less than four handbreadths requires action. There, the statement of Rav Aḥlei, is referring to an alleyway. And if you wish, say that the statement of Rav Aḥlei is itself subject to a dispute between the tanna’im. The Sages taught the following baraita: With regard to a narrow inlet of the sea that enters into a courtyard, partially breaching one of its walls, one may not fill water from it on Shabbat. The inlet is a karmelit, from which it is prohibited to carry into a private domain, e.g. a courtyard. This is the halakha unless there is a partition ten handbreadths high at one side of the wall’s breach, which would incorporate the inlet as part of the courtyard. In what case is this statement said? Where the breach through which the water enters is more than ten cubits wide; but if it is only ten cubits wide, nothing is required.” The Gemara asks: The baraita indicates that one may not fill water from the inlet because that would involve carrying from a karmelit into a private domain, but in the courtyard itself one may indeed carry. But isn’t the courtyard breached along its entirety, i.e., more than ten cubits, into a place that is prohibited to it? Since it is prohibited to carry to or from the inlet, it should also be prohibited to carry within the courtyard itself.
בפסי חצר - וקשה דגבי מבוי נקט לשון לחי וגבי חצר נקט לשון פס בכולה שמעתא אף על גב דשניהם משהו.
בעא מיניה רבי זירא מרבי אסי: מבוי שלא נשתתפו בו, מהו לטלטל בכולו? מי אמרינן כחצר דמי, מה חצר - אף על גב דלא ערבו מותר לטלטל בכולו, האי נמי - אף על גב דלא נשתתפו בו מותר לטלטל בכולו. או דילמא: לא דמי לחצר, דחצר אית ליה ארבע מחיצות, האי - לית ליה ארבע מחיצות אי נמי, חצר - אית ליה דיורין, האי - לית ביה דיורין.
contrary to the wishes of Rabbi Eliezer. Even though the roofs and courtyards were not halakhically joined in a manner where it would be permitted to carry from one to the other, the Rabbis permitted carrying the scalpel in this manner. Rav Yosef strongly objects to this: Contrary to the wishes of Rabbi Eliezer? On the contrary, it is Rabbi Eliezer who permits this, as he permits carrying the scalpel even through the public domain. And if you say that it means contrary to the wishes of Rabbi Eliezer, who permits carrying even in the public domain, but in accordance with the wishes of the Rabbis, who prohibited carrying via the public domain and only permitted carrying via roofs, via courtyards and enclosures, that is also difficult. And is it permitted according to the opinion of the Rabbis? Wasn’t it taught in a baraita: Just as one may not bring the circumcision knife via the public domain, so too, one may not bring it via roofs, via enclosures, or via courtyards? Rather, Rav Ashi said: It means contrary to the wishes of Rabbi Eliezer and his disputants, but in accordance with the wishes of Rabbi Shimon. As we learned in a mishna that Rabbi Shimon says: Roofs, enclosures, and courtyards are all considered as one domain with regard to vessels that rested inside them at the beginning of Shabbat. Therefore, it is permitted to carry vessels that rested inside one to another. However, they are not considered the same domain with regard to vessels that rested inside the house at the beginning of Shabbat. If the homeowners did not join the courtyard by means of an eiruv, it is prohibited to carry vessels from their houses to the courtyard. Even if the houses in a courtyard were joined, it is prohibited to carry from the courtyard to an enclosure unless they were joined by means of an eiruv. In any case, there are circumstances in which Rabbi Shimon allows carrying via roofs, courtyards, and enclosures. Rabbi Zeira raised a dilemma before Rabbi Asi: An alleyway whose residents did not merge together, what is its legal status with regard to carrying items in all of it according to Rabbi Shimon? Rabbi Zeira explains the dilemma: Do we say that it is like a courtyard, and just as with regard to a courtyard, even though they did not join the houses in it together and despite the fact that it is prohibited to carry out items from the houses to the courtyard, it is nonetheless permitted to carry in all of it? Therefore, in this alleyway too, even though they did not merge together, it is permitted to carry in all of it despite the fact that it is prohibited to carry items into the alleyway. Or, perhaps an alleyway is not similar in this regard to a courtyard, as a courtyard has four partitions, whereas this, the alleyway, does not have four partitions, but only three. Alternatively, there may be a different reason for the inferior status of an alleyway in this regard: A courtyard has residents and can therefore be considered like a house, which would allow carrying within it, whereas this alleyway does not have residents. Rabbi Asi was silent and did not say anything to him, as he was unable to provide a satisfactory response. On another occasion Rabbi Zeira found Rabbi Asi sitting and saying: Rabbi Shimon ben Lakish said in the name of Rabbi Yehuda HaNasi: One time they forgot and did not bring a scalpel on Shabbat eve for the purpose of circumcising a child on Shabbat, and they brought it on Shabbat, and the matter was difficult in the eyes of the Rabbis: How can they abandon the words of the Rabbis, who prohibit doing so, and act in accordance with the opinion of Rabbi Eliezer? Why did they find this difficult? One reason was that Rabbi Eliezer was a Shammuti, i.e., a follower of the views of Beit Shammai (Jerusalem Talmud), and the halakha is generally in accordance with the opinion of Beit Hillel in their disputes with Beit Shammai. And furthermore, there is a general rule that in a dispute between an individual and the many, the halakha is in accordance with the opinion of the many. Here too, the halakha should certainly be in accordance with the opinion of the Rabbis, who disagree with Rabbi Eliezer. And Rabbi Oshaya said: I asked Rabbi Yehuda the Cutter, i.e., the circumcisor, and he told me that this incident occurred in an alleyway whose residents did not merge together, and they brought the scalpel from this end of the alleyway to that end, where the baby was. That concludes Rabbi Asi’s account of the event. Rabbi Zeira said to Rabbi Asi: Since you related that story without expressing any reservations, it appears that the Master must hold that with regard to an alleyway whose residents did not merge together, it is permitted to carry in all of it. And Rabbi Asi said to him: Yes, that is the halakha. Rabbi Zeira said to him: But on a different occasion I raised a dilemma on this matter before you and you did not say so to me. Perhaps in the course of your studies your knowledge was restored to you? He said to him: Yes, in the course of my studies my knowledge was restored to me, and I remembered this halakha. With regard to the very same halakha, it was stated as a principle that Rabbi Zeira said that Rav said: An alleyway that was not merged by the residents of the courtyards that open into it, it is only permitted to carry in it within four cubits. Abaye said: This halakhic matter was stated by Rabbi Zeira, and he did not explain it. It remained enigmatic until Rabba bar Avuh came and explained it. As Rav Naḥman said that Rabba bar Avuh said that Rav said: With regard to an alleyway that was not merged by the residents of the courtyards that open into it, if they joined the courtyards with the houses, i.e., the homeowners within each courtyard joined together and are therefore permitted to carry within the courtyards themselves, it is only permitted to carry in it within four cubits, as in an intermediate domain [karmelit]. However, if they did not join the courtyards with the houses and it is prohibited to carry within the courtyards, it is permitted to carry in the entire alleyway. Rav Ḥanina Ḥoza’a said to Rabba: What is different about a case where they joined the courtyards with the houses? Is it because the courtyards were detached and became like houses? And Rav follows his regular line of reasoning, for Rav said: An alleyway can only be made into a permitted area for carrying by means of a sidepole and a crossbeam, which is the standard halakha in a closed alleyway, if there are
קל וחומר מחצר - אף על גב דחצר ומבוי שוין דכשהן מרובעין צריכין פס ד' ואם ארכן יותר על רחבן ניתרין בלחי וקורה מכל מקום עביד קל וחומר שפיר דבמקום דלא מהני לחי וקורה דהיינו במרובעים מהני עומד מרובה ואמחיצה רביעית הוא דעביד קל וחומר דליהני עומד מרובה אבל שיועיל עומד מרובה בכל ד' מחיצות ליכא למילף דדיו לבא מן הדין להיות כנדון כמו לחי.
ומה ששאלת: למה אמרו במבוי, דבבתים וחצרות פתוחות לתוכו, שניתר בלחי וקורה. וכשאין בתים וחצרות פתוחות לתוכו, וכן חצר שאין ניתרין בלחי וקורה, אלא בפס ד'? דאדרבה, איפכא מסתברא! כל דאושי דיורין בעי הכרה טפי? מסתברא כל שהוא עשוי יותר לדירה, ולתשמישי הצנע, ולאכול בהם, צריך יותר מחיצות גמורות. ולפיכך, החצרות של בעלי בתים, שדרכן להשתמש בהן יותר בתשמיש הצנע, ולאכול בהם, צריכות המחיצות יותר גמורות. וכן הדין במבואות, שאין בתים וחצרות פתוחות לתוכו, דיוריהן מועטין, והם משתמשין בהם יותר, דאינן בושין כל כך לאכול ולהשתמש בהן. לפיכך, הרי הן כחצר. וכענין שאמרו בעלמא: מבוי שהוא בוש לאכול בתוכו, אין תשמישן בהם כל כך, כי לפי רבוי הדיורין מתמעט תשמיש המובאין, ובמחיצה כל דהוא סגי. ואף על פי שענין זה אינו שוה בכל, דהרי יש מבוי שדיוריו רבים בבתים וחצרות, ואפ"ה בעי פס ד', וכגון דאין ארכו יותר על רחבו, כבר אמרו לפי שהוא משוי כחצר. וחצר וכל הדומה לה, דינו בהן דין אחד.
איך אפשר להסביר את ההתלבטות ביחס שבין חצר למבוי על פי הכיוונים דלעיל?
איסור תחומין
ארבעה דברים פטרו במחנה: מביאין עצים מכל מקום ופטורין מרחיצת ידים, ומדמאי, ומלערב.
The Gemara asks: Is that to say that the first clause of Rav Naḥman’s ruling is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, and the latter clause is in accordance with the opinion of the Rabbis? The Gemara answers: Yes, because his father, Rabbi Yehuda, holds in accordance with his opinion with regard to areas enclosed for the sake of an individual. This being the case, their opinion on this matter is that of the many. Rav Giddel said that Rav said: At times, for three people it is prohibited to carry even in an area of five beit se’a; at times, it is permitted for them to carry even in an area of seven beit se’a. These statements appear irreconcilable, and his colleagues said to him: Did Rav actually say that? He said to them: I swear by the Torah, the Prophets, and the Writings, that Rav said so. Rav Ashi said: What is the difficulty here? Perhaps this is what he is saying: If they needed six beit se’a, and they enclosed seven, they are permitted to carry even in all seven, as one empty beit se’a does not render it prohibited for one to carry in the rest of the area. If, however, they needed only five beit se’a, and they enclosed seven, carrying even in five is prohibited, as there is an unoccupied space of two beit se’a. The Gemara asks: However, with regard to that which the baraita is teaching, that the partition renders the area fit for one to carry within it provided that there will not be an unoccupied space of two beit se’a, what, is it not in fact referring to space unoccupied by people? In other words, isn’t the baraita teaching that the enclosed area may not be two beit se’a larger than a measure of two beit se’a per person? Accordingly, if three people enclosed an area of seven beit se’a, it should always be permitted for them to carry there, as they are entitled to six beit se’a and only one beit se’a is unoccupied. The Gemara answers: No, it means unoccupied by utensils. Although they would be entitled to six beit se’a if needed, since they need only five in practice and a space of two beit se’a remains unoccupied, the effectiveness of the partitions is negated and carrying therein is prohibited. It is stated: If there were three people in a caravan and one of them died on Shabbat, or if there were two people, and others were added to them on Shabbat, Rav Huna and Rabbi Yitzḥak disagree with regard to the area in which they are permitted to carry on Shabbat. One said: Shabbat determines the status of the area. The halakha is determined in accordance with the prevailing situation at the onset of Shabbat. And one said that the residents, i.e., the actual number of people present at any given moment, determine the status. The Gemara comments: Conclude that it is Rav Huna who said that Shabbat determines the status, as Rabba said: I raised a dilemma before Rav Huna, and I raised a dilemma before Rav Yehuda with regard to the following case: If one established an eiruv to join one courtyard to another via a certain opening and that opening was sealed on Shabbat, or if one established an eiruv via a certain window and that window was sealed on Shabbat, what is the halakha? Can one continue to rely on this eiruv and carry from one courtyard to the other via other entrances? And he said to me: Since it was permitted to carry from courtyard to courtyard at the onset of Shabbat, it was permitted and remains so until Shabbat’s conclusion. The Gemara comments: Indeed, conclude that it is Rav Huna who maintains the determining factor is Shabbat, not the residents. The Gemara asks: Let us say that Rav Huna and Rabbi Yitzḥak are disagreeing in the earlier dispute of the tanna’im Rabbi Yosei and Rabbi Yehuda. As we learned in a mishna: If during Shabbat a courtyard was breached from two of its sides, or if a house was breached from two of its sides, or if an alleyway’s cross beams or side posts were removed, it is permitted to carry within them on that Shabbat, but it is prohibited to do so in the future; this is the statement of Rabbi Yehuda. Rabbi Yosei says: If it is permitted to carry there on that Shabbat, it is also permitted to do so in the future. However, if it is prohibited to carry there in the future, it is also prohibited to do so on that Shabbat. Since it is prohibited to carry there in the future, it is also prohibited to carry there on that Shabbat. This opinion disputes the principle that since it is permitted at the onset of Shabbat it remains permitted. Let us say that it is Rav Huna who stated his opinion in accordance with the opinion of Rabbi Yehuda, and he held that the situation at the onset of Shabbat determines the halakhic status. And it is Rabbi Yitzḥak who stated his opinion in accordance with the opinion of Rabbi Yosei. The Gemara rejects this explanation. Rav Huna could have said to you: It is I who stated my opinion even in accordance with the opinion of Rabbi Yosei. Rabbi Yosei stated his opinion only there, in a case where there are no longer partitions intact; however, here there are partitions intact. Since the status of the area is dependent upon the existence of partitions, he would also agree that carrying is permitted in this case. And Rabbi Yitzḥak could have said to you: It is I who stated my opinion even in accordance with the opinion of Rabbi Yehuda. Rabbi Yehuda stated his opinion only there, in a case where there are residents. However, here, there are no remaining residents that are alive, so he too would prohibit carrying. We learned in the mishna: However, the Rabbis say: One of the two elements, either vertical or horizontal, is sufficient. The Gemara asks: This is identical to the opinion of the first tanna of the mishna. What did the Rabbis add? The Gemara answers: There is a practical halakhic difference between them with regard to an individual in a settlement. The first tanna does not allow one to rely on a partition of this type ab initio, whereas the Rabbis permit doing so in all cases. MISHNA: The Sages exempted a soldier in a military camp in four matters: One may bring wood for kindling from any place with no concern that he is stealing wood from its owners; and one is exempt from ritual washing of the hands before eating; and one is exempt from the separation of tithes from doubtfully tithed produce [demai], i.e., produce purchased from an am ha’aretz, one who is not diligent in separating tithes; and one is exempt from establishing an eiruv. GEMARA: The Sages taught in a Tosefta: With regard to a military camp that goes out to wage an optional war, it is permitted for the soldiers to steal dry wood. Rabbi Yehuda ben Teima says: They may also encamp in any location, even if they damage the field in which they are encamped. And in the place where they were killed, there they are buried and the owner of the site cannot object, as moving the corpse for burial elsewhere dishonors the dead. The Gemara analyzes this Tosefta. What is the novelty in the following statement: They are permitted to steal dry wood? This was an ordinance enacted by Joshua, as the Master said in a baraita: There is a tradition that Joshua stipulated ten conditions with the Jewish people as they entered Eretz Yisrael, among them that one may graze his animals in woods belonging to others without objection, and one may gather wood for his own use from their fields. The Gemara answers: There, Joshua’s ordinance permitted gathering various types of shrubs [hizmei] and thorns [higei], with regard to which people are not particular; here, the ordinance in the mishna pertaining to a military camp is referring to other types of wood. Alternatively: There, Joshua’s ordinance referred to gathering thorns still attached to the ground, as removing those thorns benefits the field’s owner. Here, however, the mishna is referring to gathering thorns that are already detached. Alternatively: There, Joshua’s ordinance referred to gathering moist thorns. Owners are not particular about them because they are not immediately suitable for kindling. Here, the mishna is referring even to dry thorns. It was taught in the Tosefta that Rabbi Yehuda ben Teima says: They may also encamp in any place, and in the place where they were killed, there they are buried. The Gemara raises a difficulty: This is obvious, as a body of a dead soldier is considered to be a corpse with no one to bury it [met mitzva], and the principle is that a met mitzva acquires its place. In other words, the body must be interred where it is found, and the owner of the field cannot prevent burial. The Gemara answers: No, this ostensibly obvious statement is indeed necessary to teach that this principle applies in the case of a military camp, even though
שם ע"ב:
ומלערב. אמרי דבי רבי ינאי: לא שנו אלא עירובי חצירות, אבל עירובי תחומין - חייבין. דתני רבי חייא: לוקין על עירובי תחומין דבר תורה. מתקיף לה רבי יונתן: וכי לוקין על לאו שבאל? מתקיף רב אחא בר יעקב: אלא מעתה דכתיב אל תפנו אל האבת ואל הידענים, הכי נמי דלא לקי? רבי יונתן הכי קשיא ליה! לאו שניתן לאזהרת מיתת בית דין, וכל לאו שניתן לאזהרת מיתת בית דין אין לוקין עליו. אמר רב אשי: מי כתיב אל יוציא? אל יצא כתיב.
אין מודדין אלא מן המומחה. ריבה למקום אחד ומיעט למקום אחר - שומעין למקום שריבה. ריבה לאחד ומיעט לאחד - שומעין למרובה. ואפילו עבד אפילו שפחה נאמנין לומר עד כאן תחום שבת. שלא אמרו חכמים את הדבר להחמיר, אלא להקל.
However, if a plumb line drops straight down, i.e., if the canyon wall is very steep, he measures the width of the canyon properly at the bottom of the canyon, without taking its walls into account. The Gemara asks: And what is the depth of a canyon that may be spanned if it is not more than fifty cubits wide? Rav Yosef said: Up to two thousand cubits; but if it is deeper than that, the slope must be measured as well. Abaye raised an objection from the following baraita: If a canyon is up to one hundred cubits deep and up to fifty cubits wide, one may span it; and if not, one may not span it. How could Rav Yosef say that the canyon may be spanned if its depth is less than two thousand cubits? The Gemara answers: He stated his opinion in accordance with the opinion of Aḥerim; as it was taught in a baraita: Aḥerim say: Even if the canyon is two thousand cubits deep and fifty cubits wide, one may span it. The Gemara cites an alternate version of the previous discussion. Some say that Rav Yosef said: Even if the canyon is more than two thousand cubits deep, it may be spanned. The Gemara asks: In accordance with whose opinion did Rav Yosef say this? It is not in accordance with the opinion of the first tanna, and it is not in accordance with the opinion of the Aḥerim. The Gemara answers: There, where the tanna’im disagree about the depth of a canyon that may be spanned, they refer to a case where a plumb line does not drop straight down and therefore there is reason to measure the slope. Here, however, where Rav Yosef says that the canyon may be spanned even if it is more than two thousand cubits deep, he is referring to a case where a plumb line drops straight down. The Gemara asks: And where a plumb line does not drop straight down, how much must it extend from the top of the canyon in order for the wall of the canyon to be considered a slope rather than a vertical wall? Avimi said: Four cubits. If the bed of the canyon lies four cubits beyond the top edge of the canyon, the wall is sloped and must be included in the measurement. And similarly, Rami bar Ezekiel taught, based upon a baraita, that the maximum run is four cubits. We learned in the mishna: If he reached a hill, he does not measure its height, but rather he spans the hill as if it were not there and then resumes his measurement. Rava said: They taught this halakha only with regard to a hill that has an incline of ten handbreadths within a run of four cubits. However, with regard to a gentler hill, e.g., one that has an incline of ten handbreadths within five cubits, one must measure the hill properly, i.e., he must include the slope itself in his measurement. The Gemara notes that Rav Huna, son of Rav Natan, teaches a lenient formulation of this halakha: Rava said that they only taught this halakha with regard to a hill that has an incline of ten handbreadths within a run of five cubits. However, with regard to a steeper hill that has an incline of ten handbreadths within four cubits, one need not take any precise measurements; instead, he estimates the length of the hill, and then leaves and continues measuring from the other side. We learned in the mishna that one may measure a canyon or hill located within the Shabbat limit, provided that one does not go out beyond the limit. The Gemara asks: What is the reason for this restriction? Rav Kahana said: It is a decree, lest people say: The measurement of the Shabbat limit comes to here. Since people know that he set out to measure the Shabbat limit, if they see him measuring in a certain spot they will assume that the area is included in the Shabbat limit. We learned in the mishna: If, due to the width of the canyon or hill, one cannot span it, he may pierce it. The Sages taught a baraita which explains this procedure: How does one figuratively pierce a hill? Two people hold the two ends of a measuring rope. The one who is lower down on the hill holds the rope at the level of his heart while the one who is higher holds it at the level of his feet, and they proceed to measure in this fashion. Abaye said: Based on tradition, we hold that one may pierce only with a rope of four cubits. Rav Naḥman said that Rabba bar Avuh said: Based on tradition, we hold that one may not pierce when measuring distances for the rite of the beheaded heifer. This rite is practiced when a murder victim is found, and it is not known who killed him. Judges measure the distance from the location of the corpse to the nearest town, in order to determine which town must perform the rite (Deuteronomy 21). Similarly, one may not pierce when measuring distances with regard to cities of refuge, in order to determine the boundaries within which an accidental murderer is protected from the blood redeemer (Numbers 32). Because these measurements are from the Torah, indirect methods of measurement are insufficient. The area must be measured as though it were flat. MISHNA: One may measure the Shabbat limit only with an expert surveyor. If it is discovered that the surveyor extended the limit in one place and reduced it in another place, so that the line marking the Shabbat limit is not straight, one accepts the measurement of the place where he extended the limit and straightens the limit accordingly. Similarly, if the surveyor extended the limit for one and reduced it for another, one accepts the extended measurement. And furthermore, even a gentile slave and even a gentile maidservant, whose testimonies are generally considered unreliable, are trustworthy to say: The Shabbat limit extended until here; as the Sages did not state the matter, the laws of Shabbat limits, to be stringent, but rather to be lenient. The prohibition to walk more than two thousand cubits is rabbinic in origin and is therefore interpreted leniently.
שלא אמרו חכמים את הדבר להחמיר אלא להקל. והתניא: לא אמרו חכמים את הדבר להקל, אלא להחמיר! אמר רבינא: לא להקל על דברי תורה אלא להחמיר על דברי תורה, ותחומין דרבנן.
GEMARA: The Gemara asks: Does this mean that in a place where he extended the limit, yes, the surveyor’s measurements are accepted, but in a place where he reduced the limit, no, his measurements are not accepted? If his extended measurement is accepted, his shortened measurement should certainly be accepted as well. The Gemara answers: Say that the mishna means that the surveyor’s measurements are accepted even in a place where he extended the limit, without concern that he might have erred (Tosafot), and that the surveyor’s measurements are certainly accepted in places where he reduced the Shabbat limit. We learned in the mishna: If the surveyor extended the limit for one and reduced it for another, one accepts the extended measurement. The Gemara asks: Why do I need this as well? This clause is the same as that previous clause in the mishna. The Gemara answers that this is what the mishna said: If two surveyors measured the Shabbat limit and one extended the Shabbat limit and one reduced it, one accepts the measurements of the surveyor who extended it. Abaye said: The measurements of the surveyor who extended the limit are accepted only as long as he does not extend the limit more than the difference between the measure of the Shabbat limit of the city calculated as a diagonal line from the corner of the city and as calculated as a straight line from the side of the city. If, however, the difference in measurements exceeds that amount, the Shabbat limit must be measured again. We learned in the mishna: As the Sages did not state the matter, the laws of Shabbat limits, to be stringent, but rather to be lenient. The Gemara asks: Wasn’t the opposite taught in a baraita: The Sages did not state the matter, the laws of Shabbat limits, to be lenient but rather to be stringent? Ravina said that there is no contradiction between these two statements: The very institution of Shabbat limits was enacted not to be more lenient than Torah law, but rather to be stringent beyond Torah law. Nonetheless, since Shabbat limits are rabbinic law, the Sages permitted certain leniencies with regard to how the Shabbat limits are measured. MISHNA: Although this chapter as a whole deals with halakhot governing the joining of Shabbat boundaries, this mishna returns to the halakhot governing a joining of courtyards. If a private city, which does not have many residents, grows and becomes a heavily populated public city, one may establish a joining of the courtyards for all of it, as long as it does not include a public domain as defined by Torah law. And if a public city loses residents over time and becomes a private city, one may not establish an eiruv for all of it unless one maintains an area outside the eiruv that is like the size of the city of Ḥadasha in Judea, which has fifty residents. Carrying within the eiruv is permitted, but it remains prohibited to carry in the area excluded from the eiruv. The reason for this requirement is to ensure that the laws of eiruv will not be forgotten. This is the statement of Rabbi Yehuda. Rabbi Shimon says: The excluded area need not be so large; rather, it is sufficient to exclude three courtyards with two houses each. GEMARA: The Gemara asks: What are the circumstances of a private city that becomes a public city? Rav Yehuda said: For example, the Exilarch’s village [de’iskarta] was a small village set aside for the Exilarch’s family and attendants; since it was frequented by many people, it turned into a public city. Rav Naḥman said to him: What is the reason for bringing this example? If you say that because large numbers of people are to be found at the residence of the governor [harmana] in order to request licenses and authorizations, and they remind each other of the reason it is permissible to establish an eiruv there, and consequently they will not arrive at mistaken conclusions with regard to other places, then every city should have the same status, as the entire Jewish people are also found together on Shabbat morning when they come to pray. Rather, Rav Naḥman said: For example, the village of Natzu’i was a private city belonging to a single individual before a large influx of residents turned it into a public city. The Sages taught in a baraita: If a private city becomes public, and a bona fide public domain passes through it, how does one establish an eiruv for it? He places a side post from here, one side of the public domain, and side post from there, the other side; or, he places a cross beam from here, one side of the public domain, and another cross beam from there, the other side. He may then carry items and place them between these symbolic partitions, as the public domain is now considered like one of the courtyards of the city. And one may not establish an eiruv for half the city; rather, one may establish either one eiruv for all of it or separate ones for each alleyway separately without including the other sections of the city. The baraita continues: If it was originally a public city, and it remains a public city,
וקשיא לן היכי אמרינן הכא לוקין על עירובי תחומין דבר תורה ואנן קיימא לן דליתא לדרבי עקיבא דאמר תחומין מדאורייתא ואשכחינא בגמ' דבני מערבא דגרסינן הגיעוך סוף תחומי שבת שאינן מחוורין לך דבר תורה ר' מנא בעא ניחא אלפים אמה אינו מחוור ד' אלפים אמה מחוור הוא ר"ש בר ביסנא בשם רבי אחא אמר אין לך מחוור מכולם אלא תחום י"ב מיל כמחנה ישראל נמצאו עכשיו תחומי שבת מהן דרבנן ומהן דאורייתא מאלפים אמה ולמעלה עד י"ב מיל לוקה עליהן מדרבנן ולר"ע לוקה עליהן מדאורייתא דכתיב מקיר העיר וחוצה אלף אמה וגו' וכתיב ומדותם מחוץ לעיר את פאת קדמה אלפים וגו' אי אפשר לומר אלפים אמה שכבר נאמר אלף אמה אלא אלף אמה מגרש ואלפים אמה תחום שבת ורבנן סברי אלף אמה מגרש ואלפים אמה שדות וכרמים מי"ב מיל ולמעלה לוקה עליהם מדאורייתא לדברי הכל דכתיב אל יצא איש ממקומו והיינו י"ב מיל כנגד מחנה ישראל אבל מאלפים אמה ולמטה מותר לדברי הכל ועדיין הקושיא במקומה עומדת שאין לנו עירובי תחומין אלא עד סוף אלפים אמה בלבד ואם הניח עירובו חוץ לאלפים אמה אין עירובו עירוב ואסור לו לצאת חוץ לאלפים אמה אפי' אמה אחת ואם איסור זה מדרבנן הוא לא ילקה עליהם דבר תורה אלא לדברי ר"ע והאי תירוצא לא סליק אליבא דגמרא דילן וקושיא בדוכתיה עד השתא כדקאי קאי.
ועפ"ז יש לומר עוד דלש"ס דילן שונה דין י"ב מיל לרבנן מאלפים דר"ע דהאיסור דאלפים הוא מצד עקירת מקום או ריחוק מקום... שכל דין די"ב מיל אינו תלוי כלל בקנין מקום ואין סיבת האיסור בא מצד עקירת מקום או ריחוק מקום אלא כך הוא הדין דאסור לזוז ממקום רגליו... וההילוך בעצמותו הוא האיסור.
I will show you no pity and no compassion; but I will requite you for your ways and for the abominations in your midst. And you shall know that I am GOD.
איך אפשר להסביר את החילוק בין שני השיעורים על פי הכיוונים דלעיל?
שורש העניין
רְאוּ כִּי ה' נָתַן לָכֶם הַשַּׁבָּת עַל כֵּן הוּא נֹתֵן לָכֶם בַּיּוֹם הַשִּׁשִּׁי לֶחֶם יוֹמָיִם, שְׁבוּ אִישׁ תַּחְתָּיו אַל יֵצֵא אִישׁ מִמְּקֹמוֹ בַּיּוֹם הַשְּׁבִיעִי:
Mark that it is GOD who, having given you the sabbath, therefore gives you two days’ food on the sixth day. Let everyone remain in place: let no one leave the vicinity on the seventh day.”
רש"ר הירש שם:
לא מן המותר להעיר כאן על טיבה של מלאכה זו, שנאסרה כאן מיד עם הנהגת השבת בחיי האומה הישראלית, שכן היא מציינת את תכונת השבת ומהותה. הנה באים אנשים המבקשים לגזול מעמנו את השבת ומושכים אותנו בדברים, לאמור: איסור "לא תעשה כל מלאכה" שבעשרת הדיברות (להלן כ, י ועי' פי' שם) אינו חל אלא על מלאכה קשה שיש בה משום מאמץ גופני. כנגדם בא כאן מקרא מפורש ואוסר, מיד עם תחילת הנהגתה של השבת, מלאכות כגון: יציאה לצורך בקשת מחייה, בישול ואפייה, כל הכנת המזון היומי, הוצאה והכנסה מרשות הרבים לרשות היחיד ולהיפך, או אף היציאה מתחום המגורים. כל אלה הן פעולות, אשר בעלי ה"ריפורמה של השבת" מבקשים להציגן כמלאכות "שאינן סותרות את קדושת השבת"...
תדע שמושג "שבתון", הרשום כאן בראש כל ציוויי חוקת השבת, קובע מלכתחילה מסגרת של שביתת מלאכה, המקיפה הרבה יותר ממה שכלול במושג "איסור מלאכה". איסור עשיית מלאכה חל רק על מלאכת מחשבת, דהיינו מלאכת יצירה ממש בידי אדם, ומלאכה זו היא בגדר חילול שבת חמור שעונשו מיתה. ואילו "שבתון" הוא שם - העצם של מושג מצות השבת: "תשבות"; בהתאם למשמעות לשונו ובדרך ההכללה, בלי שיחול על חפץ מסוים, הוא מצווה: תשבות מכל מלאכת ששת הימים, ואף ממלאכה זו שאין בה משום עשייה יצרנית בלתי אמצעית. המושג "שביתה" כולל אפוא כל פעילות לצורך פרנסה ואומנות וכל מה שהנביא מציין כחילול שבת: "אם תשיב משבת רגלך עשות חפצך ביום קדשי וגו' וכבדתו מעשות דרכיך ממצוא חפצך ודבר דבר" (ישעיה נח, יג). כן כולל המושג כל הגזירות ואיסורי השבות, שפירטום חכמינו ז"ל ושעלינו לקיימם באשר מצווים אנחנו על שמירת התורה, וחובת השמירה ועשיית הסייגים היא מיסודות התורה, ובמיוחד לגבי שמירת השבת. וכך נדרש "שבתון" בספרא (ויקרא כג, כד) ובמכילתא (עי' רמב"ן שם). מכאן שכל איסורי שבות, וכן בלאו הכי כל תקנות וגזירות חכמינו ז"ל, עיקרם מדאורייתא, ואם כי ספקם להקל, שלא כאיסורי דאורייתא, הרי אין זאת אלא בבחינת "הפה שאסר הוא הפה שהתיר", וחז"ל הגבילו מראש את חומרת גזירותיהם, ומה גם כאשר תכלית הגזירות אינה אלא לעשות סייג לתורה.
"ביום ההוא אקים את סכת דויד הנופלת", אומר הנביא עמוס (ט, יא), "וגדרתי את פרציהן והרסתיו אקים". מדוע מקדים הנביא את גידור הפרצים להקמת ההריסות? מפני שרק בתוך שטח גדור ומוגן יוקם בניין שיעמוד לבטח לדורי דורות. כן הדבר לגבי הבניין הגדול של השבת, בניין שיש להקימו מחדש מדי שבוע בשבוע: תחילה נתבע האדם להביא את כל תחום פעילותו לתוך מסגרת השבת, ולאחר מכן אפשר להקים בה את המבנה הגדול של איסור מלאכה, שיעמוד לבטח. איסור מלאכה הופך את מלאכת האדם המושל בעולמו לאבני בניין של מקדש, המבשר לעולם את מציאות הבורא, והכורת ברית בין ה' והאדם: "אות", "ברית" ו"קודש". אולם רק אם קדושת השבת תחול על כל תחום פעילותו של האדם, יעמוד בניין איסור המלאכה לבטח לדורי דורות ולנצח נצחים. משום כך מוצאים אנחנו כאן, כי מיד עם היווסד חוקת השבת ניתנו כל שורשי האיסורים של שבות דרבנן: הכנה, מוקצה, נולד, וגם תחומין במידה והם מדרבנן.
משרשי מצוה זו, שנזכור ונדע שהעולם מחודש ולא קדמון, כמו שכתוב בפירוש במצות שבת (שמות כ, יא) כי ששת ימים עשה ה' את השמים ואת הארץ את הים ואת כל אשר בם וינח ביום השביעי. על כן לזכור הדבר ראוי לנו שננוח במקום אחד, כלומר שלא נלך בדרך רחוק רק דרך טיול ועונג, ובהליכת שנים עשר מילין אין בו טורח רב.
[Parashat] Vayehi Beshalach Pharaoh has one negative commandment in it. That we should not go outside of the boundary (techum) on Shabbat: That we have been prevented from going outside of the known boundaries on Shabbat, as it is stated (Exodus 16:29), “let no one leave his place on the seventh day.” And the explanation comes about this that “his place” is called anywhere that is no further than three parsa from outside of the city (Mishneh Torah, Laws of Sabbath 27:1-2). And a parsa is four mil, and a mil is two thousand ells. And we measure it from the outermost house in the city, even if it is as large as Nineveh. This is according to the law of the Torah, but the Sages made a fence and forbade that one should walk more than two thousand ells outside of the city. From the roots of this commandment are that we should remember and know that the world is created and not primordial, as it is written explicitly about the commandment of Shabbat (Exodus 20:11), “For in six days the Lord made the heavens and the earth, the sea and all that is in them, and He rested on the seventh day.” Hence to remember this thing, it is fitting that we rest in one place; meaning to say that we not go to a faraway place, but rather only stroll and have delight [from our walks]. And the walking of [up to] twelve mil (the limit of what is allowed by the Torah) does not have much strain to it. The laws of the commandment — for example, what is the law about one who spends Shabbat in the wilderness or in a cave (Eruvin 61b); and so [too,] one who goes outside of the boundary — volitionally or inadvertently, or by permission of the court (Eruvin 52b); what is the law if he surrounded himself with a partition on Shabbat (Eruvin 42a); what are the laws regarding the city of a house that goes out more than the other houses of the city seventy ells and a bit, a synagogue that has a domicile for the sextons, a house of idolatry that has domiciles for priests, or storehouses that have domiciles or three barriers that do not have a roof or pitch (Eruvin 55b); and how one measures a long or square or round city, or one that is made like the shape of a gamma or like an arch (Eruvin 55a); and with which string do we measure; and what is the size of the string (Eruvin 53b); and how does one measure from one valley to [another] valley, or to a mountain or to a wall; and upon whom do we rely for the measurement; and who is [considered] trustworthy to testify about the boundaries; and the rest of its details - are [all] found in the tractate that is built upon it, and that is Eruvin. And [it] is practiced in every place and at all times by males and females. And one who transgresses and goes even one more ell than three parsa [outside of the city] is lashed. And so [too], if he goes even one more ell outside of the two thousand ells adjacent to the city, he is struck with rabbinic lashes for rebellion. And Ramban, may his memory be blessed, wrote (on Sefer HaMitzvot, Negative Commandments 321) that that which Rambam, may his memory be blessed, said in his Book of the Commandments (Sefer HaMitzvot) that the prohibition of boundaries is forbidden from the Torah past two thousand ells [from the city] — and so [too], what he said in his great composition (Mishneh Torah, Laws of Sabbath 27:1) that he recanted from this and wrote that the measurement of the Torah is three parsa — is all a mistake, since we do not have a prohibition of boundaries from the Torah at all. And so is it elucidated from many places in our Gemara, which is the Babylonian [Talmud] that we rely upon in all of our words. And the teacher (Ramban) gave numerous proofs for this on Commandment 313 (it should read, 321) of the negative commandments. And he understands, “let no one leave (yetseh),” to be like “let no one carry out (yotsi)” — [just] like there is an opinion in Tractate Eruvin 17b that understands it this way.
איך אפשר להסביר את הדברים על פי הכיוונים דלעיל?

מוקצה בשבת

מוקצה
תנו רבנן: בראשונה היו אומרים שלשה כלים ניטלין בשבת: מקצוע של דבילה, וזוהמא ליסטרן של קדרה וסכין קטנה שעל גבי שלחן. התירו, וחזרו והתירו, וחזרו והתירו, עד שאמרו: כל הכלים ניטלין בשבת חוץ מן מסר הגדול ויתד של מחרישה. מאי התירו וחזרו והתירו וחזרו והתירו? אמר אביי: התירו דבר שמלאכתו להיתר לצורך גופו, וחזרו והתירו דבר שמלאכתו להיתר לצורך מקומו, וחזרו והתירו דבר שמלאכתו לאיסור לצורך גופו - אין, לצורך מקומו - לא. ועדיין, בידו אחת - אין, בשתי ידיו - לא. עד שאמרו: כל הכלים ניטלין בשבת, ואפילו בשתי ידים. אמר ליה רבא: מכדי התירו קתני, מה לי לצורך גופו מה לי לצורך מקומו? אלא אמר רבא: התירו דבר שמלאכתו להיתר בין לצורך גופו ובין לצורך מקומו, וחזרו והתירו מחמה לצל, וחזרו והתירו דבר שמלאכתו לאיסור לצורך גופו ולצורך מקומו - אין, מחמה לצל - לא. ועדיין, באדם אחד - אין, בשני בני אדם - לא, עד שאמרו כל הכלים ניטלין בשבת אפילו בשני בני אדם. איתיביה אביי: מדוכה, אם יש בה שום - מטלטלין אותה, ואם לאו - אין מטלטלין אותה! הכא במאי עסקינן - מחמה לצל. איתיביה: ושוין שאם קצב עליו בשר שאסור לטלטלו! - הכא נמי, מחמה לצל. אמר רבי חנינא בימי נחמיה בן חכליה נשנית משנה זו, דכתיב בימים ההמה ראיתי ביהודה דרכים גתות בשבת ומביאים הערימות.
afiktoizin, a drug to induce vomiting, on Shabbat. Apparently, actions associated with treating the body on Shabbat are prohibited. And Rav Sheshet explains: There, with regard to a drug to induce vomiting, drinking it for any reason other than medicinal purposes is atypical. Here, aligning the limbs of an infant is typical conduct not undertaken solely for medicinal purposes. Rav Sheshet said: From where do I say that this is the halakha? As we learned in the mishna: One is permitted to take an ordinary hand needle used for sewing clothes to extract a thorn with it. Apparently, some curative actions are permitted and there is no concern that they are similar to completing the production process of a vessel. And Rav Naḥman objects: That is no proof, as there, the thorn is merely deposited in the skin and it is not an organic part of the body. Removing a foreign object from the body effects no fundamental change in the body. Here, in the case of aligning the limbs, it is not merely tending to a foreign object deposited in the body; rather it involves effecting a fundamental change in the body itself, which is both a curative act and one similar to completing the production process. MISHNA: A reed that is used for turning olives in a bundle, if there is a cork-like knot at the top of it, it can become ritually impure as a vessel, and if not, it cannot become ritually impure, because it is not a vessel. In either case, it may be moved on Shabbat for use in a permitted action. GEMARA: The Gemara asks: Why would this reed become impure? It is in the category of flat wooden vessels without a receptacle, and the governing principle in that case is: Flat wooden vessels do not become ritually impure. What is the reason for this? We require an object similar to a sack. The halakhot of ritual impurity are derived from the sack mentioned in the Torah as an example of an item that can become ritually impure. If it lacks a receptacle, it is unlike that sack and it cannot become ritually impure. To explain this halakha, the Gemara cites that which was taught in a baraita in the name of Rabbi Neḥemya: At the time that one turns over the olives with the reed, he turns over the reed and sees inside it. There is a small cavity at the end of the reed near the knot. He looks there to ascertain whether it has filled with oil, which would indicate that the olives are ready to be placed in the olive press. That cavity is a type of small receptacle, which renders the reed fit to become ritually impure. MISHNA: Rabbi Yosei says: All utensils may be moved on Shabbat except for a large saw and the blade of a plow. Since they must be sharp and ready for use and there is concern that they might be damaged, one sets them aside from his consciousness and they may not be used for any other purpose. GEMARA: Rav Naḥman says: A launderer’s sprinkler is considered to be like the blade of a plow. Moving it is prohibited on Shabbat because one sets it aside from use out of concern that it might be damaged. Abaye says: A shoemaker’s knife, and a butcher’s knife, and a carpenter’s drawknife are considered to be like the blade of a plow, because their owners set them aside from use out of concern that they might be damaged. The Sages taught in the Tosefta: Initially, they would say that only three utensils may be moved on Shabbat: A knife for cutting a cake of dried figs, and a combined spoon and fork (ge’onim) to clean the filth [zuhama listeran] of a pot, and a small knife that is on the table. Each of these items is required for eating and may be used, and it had been prohibited to move any other utensil. However, over the generations, when the Rabbis saw that Jewish people were vigilant in observing the prohibitions of Shabbat, they permitted, and then they permitted again, and then they permitted again, until they said in the last mishna: All utensils may be moved on Shabbat except for a large saw and the blade of a plow. The Gemara asks: What are the stages described in the Tosefta: They permitted, and then they permitted, and then they permitted? Abaye says: Initially, they permitted moving an object whose primary function is for a permitted use, for the purpose of utilizing the object itself to perform a permitted action. And then they permitted moving an object whose primary function is for a permitted use, for the purpose of sitting in or utilizing its place. And then they permitted moving an object whose primary function is for a prohibited use, for the purpose of utilizing the object itself to perform a permitted action, yes; however, for the purpose of utilizing its place, no. And still, utensils that can be held in one of his hands, yes, they may be moved; however, utensils that can only be held in his two hands, no, they may not be moved, in order to signify that there is a prohibition to move certain items. This prohibition remained intact until they said: All utensils may be moved on Shabbat, and even those that can only be held in both hands. Rava said to him: After all, it was taught in the Tosefta: They permitted, what difference is there to me if it is for the purpose of utilizing the object itself, and what difference is there to me if it is for the purpose of utilizing its place; why introduce distinctions that are not explicitly stated in the Tosefta? Rather, Rava said that it should be explained as follows: Initially, they permitted moving an object whose primary function is for a permitted use, both for the purpose of utilizing the object itself and for the purpose of sitting in or utilizing its place. And then they permitted moving that object from the sun into the shade. And then they permitted moving an object whose primary function is for a prohibited use, both for the purpose of utilizing the object itself and for the purpose of sitting in or utilizing its place, yes; however, moving that object from the sun into the shade, no, they did not permit it. And still, utensils that can be carried by one person, yes, they may be moved; however, utensils that can only be carried by two people, no, they may not be moved. This prohibition remained intact until they said: All utensils may be moved on Shabbat, and even those that can only be carried by two people. Abaye raised a challenge to Rava’s opinion from that which was taught: With regard to a mortar, if it has garlic in it, one may move it on Shabbat, and if not, one may not move it on Shabbat. According to Rava’s opinion that all utensils may be moved, why is it prohibited to move the mortar? Rava responded: With what we are dealing here? We are dealing with a case of moving the mortar from the sun to the shade. Abaye raised a challenge to Rava’s opinion from that which was taught: Beit Shammai and Beit Hillel agree that if one cut meat on it for the purpose of a Festival that it is then prohibited to move it because there is no further need for it on the Festival. According to Rava’s opinion, all utensils may be moved. He answered him: Here, too, we are dealing with a case of moving the mortar from the sun to the shade. Rabbi Ḥanina said: This mishna was taught in the days of Nehemiah, son of Hacaliah, a period when many stringent decrees were issued with regard to Shabbat prohibitions, as it is written: “In those days I saw in Judea some treading winepresses on Shabbat and bringing in heaps of grain and lading donkeys with them; as also wine, grapes, figs, and all manner of burdens which are brought into Jerusalem on the Shabbat day. I forewarned them on that day when they sold food” (Nehemiah 13:15). Since the people treated the sanctity of Shabbat with disdain, Nehemiah instituted many stringencies with regard to all the halakhot of Shabbat in order to educate the people to observe Shabbat. Rabbi Elazar said: The mishnayot that deal with the topics of rods, poles, the thick end [gelostera] of the bolt in a door lock, and a mortar were all taught before permission to move utensils on Shabbat was adopted. At that time, moving most utensils was still prohibited and only a small number of utensils whose primary function was for a permitted use were permitted to be moved. The Gemara cites the relevant mishnayot. Rods: Golden rods were placed between the loaves of showbread in the Temple to support the loaves and to aerate them. At that time, moving the rods was prohibited because they were considered to be set-aside, as we learned in a mishna: Neither arranging the rods nor moving them overrides the prohibition of set-aside on Shabbat. And the source for the matter of poles is as we learned in a mishna: There were thin, smooth poles in the Temple, and every Passover eve one places the pole on his shoulder and on the shoulder of another, and suspends the Paschal lamb on it and flays its hide. And Rabbi Elazar said: With regard to the fourteenth of Nisan, the day that the Paschal lamb is sacrificed, that occurred on Shabbat, they would not use the poles, as a conspicuous reminder that it was Shabbat. Instead, one places
יב. אסרו חכמים לטלטל מקצת דברים בשבת כדרך שהוא עושה בחול, ומפני מה נגעו באיסור זה? אמרו, ומה אם הזהירו נביאים וצוו שלא יהיה הילוכך בשבת כהילוכך בחול ולא שיחת השבת כשיחת החול, שנאמר ודבר דבר, קל וחומר שלא יהיה טלטול בשבת כטלטול בחול כדי שלא יהיה כיום חול בעיניו ויבוא להגביה ולתקן כלים מפינה לפינה או מבית לבית או להצניע אבנים וכיוצא בהן, שהרי הוא בטל ויושב בביתו ויבקש דבר שיתעסק בו, ונמצא שלא שבת ובטל הטעם שנאמר בתורה למען ינוח.
יג. ועוד, כשיבקר ויטלטל כלים שמלאכתן לאיסור אפשר שיתעסק בהן מעט ויבא לידי מלאכה. ועוד, מפני שמקצת העם אינם בעלי אומניות אלא בטלין כל ימיהן כגון הטיילין ויושבי קרנות שכל ימיהן הן שובתים ממלאכה, ואם יהיה מותר להלך ולדבר ולטלטל כשאר הימים נמצא שלא שבת שביתה הניכרת, לפיכך שביתה מדברים אלו היא שביתה השוה בכל אדם, ומפני דברים אלו נגעו באיסור הטלטול, ואסרו שלא יטלטל אדם בשבת אלא כלים הצריך להם כמו שיתבאר.
The Sages forbade the carrying of certain objects on the Sabbath in the same manner as [one carries] during the week. Why was this prohibition instituted?46In this and in the following halachah, the Rambam sets the conceptual basis for the prohibitions described as muktzeh. The particular laws that result from these principles are described in the following two chapters. [Our Sages] said: If the prophets warned that the manner in which a person walks on the Sabbath should not resemble the manner in which he walks during the week, and similarly, one's conversation on the Sabbath should not resemble one's conversation during the week, as it is written, "[refraining from]... speaking about [mundane] matters," surely the manner in which one carries on the Sabbath should not resemble the manner in which one carries during the week.
In this manner, no one will regard [the Sabbath] as an ordinary weekday and lift up and repair articles, [carrying them] from room to room, or from house to house, or set aside stones and the like. [These restrictions are necessary] for since the person is idle and sitting at home, [it is likely that] he will seek something with which to occupy himself. Thus, he will not have ceased activity and will have negated the motivating principle for the Torah's commandment [Deuteronomy 5:14], "Thus... will rest."47See the notes on the beginning of Chapter 21, which use this halachah as a support for the principle that the positive commandment to rest on the Sabbath is more than just a restatement of the negative commandment not to perform forbidden labor. Furthermore, when one searches for and carries articles that are used for a forbidden activity, it is possible that one will use them and thus be motivated to perform a [forbidden] labor.
[Another reason for this prohibition is] that there are some people who are not craftsmen and are always idle - e.g., tourists and those that stand on the street corners. These individuals never perform labor. Were they to be allowed to walk, talk, and carry as they do during the week, the result would be that their cessation of activity on [the Sabbath] would not be discernible. For this reason, [our Sages instituted] refraining from such activities,48Walking, talking, and carrying. for the cessation of such activities is universally applicable.
These are the reasons for the restrictions against carrying [objects].49The three reasons mentioned by the Rambam are the product of his own original thought. The Ra'avad notes that the Talmud (Shabbat 124b) mentions a further reason: lest one come to carry articles from one domain to another.
The Maggid Mishneh explains that the Rambam did not intend to negate the reason mentioned by the Talmud. Nevertheless, as Shabbat 123b mentions, the prohibition originally instituted was partially relaxed. The reasons why it was not relaxed entirely are stated by the Rambam.
The Sages forbade a person from carrying on the Sabbath, with the exception of articles that he requires, as will be explained.50The Rambam's wording implies that it is forbidden for a person to carry an article unless his act is purposeful. (See Chapter 25, Halachah 3 regarding which purposes are acceptable.) One may not carry a utensil, even one that is used for a permitted activity, without a purpose. (See also the gloss of the Maggid Mishneh on that halachah.)
השגת הראב"ד שם:
ומפני דברים אלו נגעו באיסור הטלטול ואסרו שלא יטלטל אלא הכלים הצריך להם כמו שיתבאר. א"א, עוד אמרו (שבת קכד) אטו טלטול לאו צורך הוצאה הוא? ועוד אמרו (שם קכג) בימי נחמיה בן חכליה נשנית משנה זו שאמרו שלשה כלים קטנים נטלים על השלחן, נמצא כי מפני חיוב הוצאה אסרו בטלטול מה שאסרו שהוא גדר להוצאה.
ונראה לי להוסיף עוד טעם שכיון שראו חכמים לאסור במוקצה מטעמים הנזכרים סמכא דבריהם על פסוק והכינו את אשר יביאו... שלא לטלטל אלא מה שהוא מוכן מערב שבת או ממילא או שהכין במחשבה או במעשה מכל דבר לפי תשמישו.
And Rabbi Yosei prohibits going out into the public domain with the wooden leg, since he does not consider it to have the legal status of a shoe. And if the wooden leg has a receptacle for pads, a concave space at the top of the leg into which pads are placed to cushion the amputated leg, it assumes the status of a wooden vessel and can become ritually impure. And his supports, which are shoes that one who had both of his feet amputated places on his knees in order to walk on his knees, if a zav wears them, they are subject to ritual impurity imparted by treading. A zav is a primary source of ritual impurity. If he touches a vessel it assumes first-degree ritual impurity status. However, vessels on which he treads, sits, lies, or leans become primary sources of ritual impurity, provided they are designated for that purpose. These supports are vessels designated for treading. And one may go out with them into the public domain on Shabbat since they have the legal status of shoes. And one may enter the Temple courtyard with them. Although, generally, wearing shoes in the Temple courtyard is prohibited, in this regard, the supports do not have the legal status of shoes. However, if one who is crippled to the extent that he cannot walk at all sits on a chair that is attached to him, places supports on his hands, and propels himself along with his hands, his chair and supports are subject to ritual impurity imparted by treading. And one may not go out with them on Shabbat, and one may not enter the Temple courtyard with them. Loketamin, which will be explained in the Gemara, are ritually pure in the sense that they cannot become ritually impure because they are not vessels, and one may not go out with them on Shabbat. GEMARA: Rava said to Rav Naḥman: How did we learn the dispute in our mishna? Does Rabbi Meir rule that the amputee may go out with a wooden leg and foot and Rabbi Yosei prohibits him from doing so? Or is it Rabbi Meir who prohibited him from doing so, and Rabbi Yosei’s opinion is the lenient one? Rav Naḥman said to him: I don’t know. And Rava asked: What is the halakha in this matter? Rav Naḥman said to him: I don’t know. It was stated: Shmuel said that the correct reading of the mishna is: An amputee may not go out, and Rabbi Yosei permits him to do so. And, likewise, Rav Huna said that the correct reading of the mishna is: An amputee may not. Rav Yosef said: Since Shmuel said that the correct reading of the mishna is: An amputee may not, and Rav Huna said: An amputee may not, we will also learn the mishna: An amputee may not. Rava bar Shira strongly objects to this: And did they not hear that Rav Ḥanan bar Rava taught the mishna to Ḥiyya bar Rav before Rav in a small room [kituna] in the school of Rav: An amputee may not go out on Shabbat with his wooden leg; this is the statement of Rabbi Meir. And Rabbi Yosei permits going out with it. And Rav signaled him with a hand gesture to reverse the opinions, Rabbi Meir permits going out and Rabbi Yosei prohibits doing so. Rav Naḥman bar Yitzḥak said: And the mnemonic to remember which tanna permits and which tanna prohibits is samekh samekh. The letter samekh appears both in the name Yosei and in the Hebrew word for prohibits [oser]. In that way, one remembers that Rabbi Yosei is the one who prohibits it. The Gemara comments: And even Shmuel, who said that the correct reading of the mishna is: An amputee may not, and Rabbi Yosei permits it, reversed his opinion. As we learned in a mishna: The ḥalitza ceremony, which frees a childless widow from the obligation to enter into levirate marriage with her brother-in-law, involves the widow removing her brother-in-law’s sandal from his foot. If she removed a sandal that is not his, or a wooden sandal, or the sandal of the left foot that was on his right foot, the ḥalitza is valid. And we said: Who is the tanna who holds that a wooden sandal is considered a shoe for this purpose? Shmuel said: It is Rabbi Meir, as we learned in a mishna: An amputee may go out with his wooden leg, this is the statement of Rabbi Meir, and Rabbi Yosei prohibits doing so. Ultimately, Shmuel accepted Rav’s reading of the mishna. And Rav Huna also reversed his opinion, as it was taught in a baraita: With regard to a plasterers’ sandal worn by those who work with lime and would cover their leather shoes with a shoe woven from straw or reeds so that the leather shoes would not get ruined by the lime. If the plasterer is a zav and walks with his shoes covered, the shoe covering is subject to ritual impurity imparted by treading, as the legal status of that sandal is that of a shoe. A woman may perform ḥalitza with it, and one may go out with it on Shabbat; this is the statement of Rabbi Akiva. And the Rabbis did not agree with him. The Gemara asks: Wasn’t it taught in a baraita that they agreed with him? Rav Huna said in resolution of this apparent contradiction: Who is the Sage whose opinion is referred to in the phrase: They agreed with him? It is Rabbi Meir. And who is the Sage whose opinion is referred to in the phrase: They did not agree with him? It is Rabbi Yosei. Even Rav Huna accepted Rav’s reading of the mishna that Rabbi Yosei prohibits going out with a wooden leg. Rav Yosef said: Who is the Sage whose opinion is referred to in the phrase: They did not agree with Rabbi Akiva? It is Rabbi Yoḥanan ben Nuri. As we learned in a mishna: A receptacle made of straw and a tube made of reeds, Rabbi Akiva deems these vessels capable of becoming ritually impure, and Rabbi Yoḥanan ben Nuri deems them pure, i.e., incapable of becoming ritually impure because they are not vessels. According to Rabbi Yoḥanan ben Nuri, straw objects are not considered vessels fit for use. It was taught in a baraita that the Master said: A plasterers’ sandal is subject to ritual impurity imparted by treading. The Gemara asks: How could that be? These sandals are not made for walking. Rav Aḥa bar Rav Ulla said: They are used for walking, as, at times, the plasterer walks in them until he reaches his house. We learned in the mishna: And if the wooden leg has a receptacle for pads, it is capable of becoming ritually impure. Abaye said: It is subject to ritual impurity due to contact with ritual impurity imparted by a corpse, and it is not subject to ritual impurity imparted by treading. If a zav uses a wooden leg it merely assumes first-degree ritual impurity status, since he cannot lean all his weight on it. Rava said: The artificial foot is even subject to ritual impurity imparted by treading. Rava said: From where do I derive to say this halakha? As we learned in a mishna: The wagon of a small child utilized to teach him to walk (Tosafot) is subject to ritual impurity imparted by treading, since its purpose is to lean on it. And Abaye said: The two cases are not comparable. There, in the case of the wagon, he leans all his weight on it; here, in the case of the wooden leg, he does not lean all his weight on it. Abaye said: From where do I derive to say this halakha? As it was taught in a baraita: A walking stick, typically used by the elderly, is pure, i.e., incapable of becoming ritually impure from any form of ritual impurity. Apparently, an object upon which one does not lean all his weight is not subject to ritual impurity imparted by treading. And how does Rava respond to this proof? He says that there is a distinction between the cases: There, in the case of a walking stick used by the elderly,
איך אפשר להסביר את הטעמים לאיסור מוקצה על פי הכיוונים דלעיל?
(רמז: למי חשוב התכנון, למי חשובה הטרחה ולמי חשובה רק המלאכה כשלעצמה?)
איתמר: בשר מליח מותר לטלטלו בשבת; בשר תפל, רב הונא אמר: מותר לטלטלו, רב חסדא אמר: אסור לטלטלו. רב הונא אמר: מותר לטלטלו? והא רב הונא תלמיד דרב הוה, ורב כרבי יהודה סבירא ליה, דאית ליה מוקצה! במוקצה לאכילה - סבר לה כרבי יהודה, במוקצה לטלטל - סבר לה כרבי שמעון.
We learned in the mishna: However, one may not move untithed produce on Shabbat. The Gemara asks: This is obvious. The Gemara answers: It was only necessary to teach this halakha with regard to a case in which the produce is permitted by Torah law, but is considered untithed produce only by rabbinic law. What are the circumstances? It is referring to a case where the produce grew in an unperforated flowerpot. The legal status of produce that grows in an unperforated flowerpot is not like that of produce that grows in the ground. We learned in the mishna: Nor may one move first tithe from which teruma has not been taken. The Gemara asks: This is obvious. The Gemara answers: It was only necessary for the mishna to teach this halakha for a case in which the Levite preceded the priest after the kernels of grain were placed in a pile, where first tithe was taken and teruma gedola was not taken. Lest you say concerning this case, as Rav Pappa said to Abaye, here too, the produce should be exempt from the obligation to separate teruma gedola, the tanna of the mishna teaches us as Abaye responded to Rav Pappa: There is a difference between the case in which the grain was on the stalks and the case in which the grain was in a pile. We learned in the mishna: Nor may one move second tithe and consecrated items that were not redeemed. The Gemara asks: This is obvious. It was only necessary for the mishna to teach this halakha with regard to a case where they were redeemed but not redeemed properly. When the mishna lists the second tithe, it is referring to that which was redeemed with an unminted coin [asimon], i.e., a silver bullion that had not been engraved. And God, in the Torah, states in the case of second tithe: “And bind up [vetzarta] the money in your hand” (Deuteronomy 14:25). The Sages interpreted this as follows: Vetzarta is money that has a form [tzura] engraved upon it. When the mishna lists consecrated property, it is referring to that which was redeemed by exchanging it for land instead of money. And God, in the Torah, states with regard to this: He will give the money “and it will be assured to him” (Leviticus 27:19). Money and not land may be used in redeeming consecrated property. We learned in the mishna: Nor may one move arum on Shabbat. The Sages taught in a Tosefta: One may move squill on Shabbat because it is food for deer and mustard because it is food for doves. Rabban Shimon ben Gamliel says: One may even move glass shards because they are food for ostriches. Rabbi Natan said to Rabban Shimon ben Gamliel: If that is so, even bundles of grapevines one should be permitted to move because they are food for elephants. The Gemara answers that Rabban Shimon ben Gamliel responded: Ostriches are common, whereas elephants are not common. Ameimar said: And Rabban Shimon ben Gamliel permits moving glass shards only in a case where one has ostriches. Rav Ashi said to Ameimar: However, with regard to that which Rabbi Natan said to Rabban Shimon ben Gamliel: If that is so, even bundles of grapevines one should be permitted to move because they are food for elephants. If one has elephants, why would he not feed them? The relevant criterion to permit moving the animal food is not whether or not one owns an elephant, but rather whether or not the food is suitable as food for elephants. Here too, in the case of glass shards, the criterion is whether or not they are suitable as food for ostriches, not whether or not one owns an ostrich. Abaye said: Rabban Shimon ben Gamliel, Rabbi Shimon, Rabbi Yishmael, and Rabbi Akiva all hold that all Jewish people are princes. There is nothing that is unsuitable for them due to its extravagance. How do we know that all of them hold this position? Rabban Shimon ben Gamliel: From that which we said in the mishna, that it is permitted to move arum, this is because arum is food for ravens, and it is as if every Jew owns ravens. Rabbi Shimon: As we learned in a mishna: Princes may smear rose oil on their wounds on Shabbat, as it is the way of princes to smear it on during the week, even without the purpose of healing a wound. Rabbi Shimon says: All the Jewish people are princes, and it is permitted for them to smear themselves with rose oil on Shabbat. Rabbi Yishmael and Rabbi Akiva: From that which was taught in a baraita: One from whom his creditors were demanding repayment of a debt of a thousand times one hundred dinar [maneh] and he was wearing a cloak [itztela] worth one hundred times one hundred dinar, they strip him of that cloak and sell it, and dress him with a cloak worthy of him based on his wealth. It was taught in the name of Rabbi Yishmael, and it was taught in the name of Rabbi Akiva: All the Jewish people are worthy of that more expensive cloak, and it cannot be said that one is unworthy of it. Rather, the coat is treated like any other vital garment. The principle that one need not sell his vital garments to pay off a debt applies to it. We learned in the mishna: With regard to bundles of straw, and bundles of wood, and bundles of twigs, if one prepared them on Shabbat eve for animal food, one may move them. If not, one may not move them. The Sages taught in a Tosefta: With regard to bundles of straw, and bundles of wood, and bundles of twigs, if one prepared them on Shabbat eve for animal food, one may move them. And if not, one may not move them. Rabban Shimon ben Gamliel says: Bundles that are taken in one hand, it is permitted to move them, as no exertion is involved. However, if they can only be taken in two hands, it is prohibited to move them. With regard to bundles of savory, hyssop, and thyme, fragrant plants suitable as food for people, if one brought them in for use as firewood, he may not supply himself from them on Shabbat for food. If he brought them in for use as food for animals, he too may supply himself from them on Shabbat. And one may pick them with his hand and eat, as long as he does not pick them with a vessel. And one may crush and remove the seeds with his hand and eat them, as long as he does not crush a lot with a vessel; this is the statement of Rabbi Yehuda. And the Rabbis say: One may crush them only with the ends of his fingers, in an atypical manner, as long as he does not crush a lot with his hand in the manner that he does during the week. And that too is the halakha with regard to amita, and with regard to rue [peigam], and with regard to all the other types of spices. The Sages asked: What is amita? They answered: It is mint [ninya]. What is sia? Rav Yehuda says: Sia is savory. Ezov is hyssop. Koranit is called koranita, i.e., it is not known to us by any other name. The Gemara asks: The one who came to sell and said to them: Who wants koranita? And he was found to be selling thyme. Therefore, we see that koranita is in fact a plant that is known to us. Rather, it should be explained: Sia is savory, ezov is hyssop, and koranita is thyme. It was stated: It is permitted to move salted meat on Shabbat, as it is fit for consumption. With regard to unsalted meat, Rav Huna said: It is permitted to move it. Rav Ḥisda said: It is prohibited to move it. The Gemara asks: Did Rav Huna say that it is permitted to move it? Wasn’t Rav Huna a student of Rav, and Rav holds in accordance with the opinion of Rabbi Yehuda, who is of the opinion that there is a prohibition of set-aside for salted meat? How could Rav Huna disagree with the opinion of his teacher? The Gemara answers: With regard to a food item set aside from eating, Rav holds in accordance with the opinion of Rabbi Yehuda, that it may not be eaten. With regard to an item set aside from moving, he holds in accordance with the opinion of Rabbi Shimon, who is not of the opinion that there is a prohibition of set-aside, and moving it is permitted. Rav Ḥisda said: It is prohibited to move unsalted meat on Shabbat. The Gemara asks: Didn’t Rav Yitzḥak bar Ami happen to come to Rav Ḥisda’s house, and he saw the meat of that duck? He saw that they were moving it from the sun to the shade so that it would not spoil. And Rav Ḥisda said to the members of his household: We see a case of monetary loss here. One must make certain that the meat does not stay in the sun and spoil. Apparently, Rav Ḥisda holds that it is permitted to move inedible meat. The Gemara answers: The meat of a duck is different, as it is fit to be eaten as raw meat. The Sages taught in a baraita: With regard to salted fish, it is permitted to move it on Shabbat. With regard to unsalted fish, it is prohibited to move it. Meat, both unsalted meat and salted meat, it is permitted to carry it. And this unattributed baraita is in accordance with the opinion of Rabbi Shimon. The Sages taught: One may move bones on Shabbat, because they are food for dogs.
קהלת יעקב או"ח תקט, ז ד"ה 'ומותר לטלטל':
ולפי זה נ"מ גדולה יש בין טלטול מוקצה בין הנאה במוקצה דטילטול מוקצה שהוא רק משום גזירת הוצאה א"כ במקום דהוצאה מותר כגון בצורך היום קצת מטעם מתוך (= מדובר ביו"ט. ז.ה.), טילטול מוקצה ג"כ מותר משא"כ ליהנות ממוצקה עצמו דאיסור הוא משום דסמכו אקרא דאהכינו דאסור ליהנות ממה שאינו מוכן מעיו"ט לא שייך בזה לומר מתוך ואסור.
איך אפשר להסביר את החילוק על פי הכיוונים דלעיל?
מוקצה מחמת גופו
תנא רבה בר בר חנה קמיה דרב: חריות של דקל שגדרן לעצים ונמלך עליהן לישיבה - צריך לקשר, רבן שמעון בן גמליאל אומר: אין צריך לקשר. הוא תני לה והוא אמר לה: הלכה כרבן שמעון בן גמליאל. איתמר, רב אמר: קושר, ושמואל אמר: חושב, ורב אסי אמר: יושב, אף על פי שלא קישר ואף על פי שלא חישב.
...אמר רב יהודה: מכניס אדם מלא קופתו עפר, ועושה בה כל צרכו. דרש מר זוטרא משמיה דמר זוטרא רבה: והוא שיחד לו קרן זוית. אמרו רבנן קמיה דרב פפא: כמאן - כרבן שמעון בן גמליאל, דאי כרבנן - האמרי: בעינן מעשה! אמר להו רב פפא: אפילו תימא רבנן, עד כאן לא קאמרי רבנן דבעינן מעשה - אלא מידי דבר עבידא ביה מעשה, אבל מידי דלא בר מיעבדא ביה מעשה - לא.
He lifts the cover, which he is permitted to move, and the wool fleece falls by itself. Contrary to Rava’s statement, even wool fleece in which a person insulated food may not be moved on Shabbat. Rather, if it was stated, it was stated as follows: Rava said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if he designated it for insulating food, one may move it, as in that case, it is no longer set-aside. It was also stated that when Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Ya’akov said that Rabbi Asi ben Shaul said that Rabbi Yehuda HaNasi said: This halakha that wool fleece may not be moved on Shabbat applies only in a case where one did not designate it for insulating food. However, if one designated it for insulating food, he may move it. Ravina said: In fact, Rava’s statement can be understood as it was originally understood, i.e., one who insulated food in wool fleece may move it because it is considered designated for insulating food. In the mishna that indicates otherwise they taught about wool fleece taken from a merchant’s shelves [heftek]. That wool was certainly not designated for insulating food. It will be returned to those shelves to be sold. Therefore, it is set-aside for that purpose and may not be moved on Shabbat, even if it is used to insulate food. That was also taught in a baraita: With regard to wool fleece taken from a merchant’s shelves, one may not move it on Shabbat. And if a homeowner prepared the fleece to use it, one may move it. With regard to the question of what can be done to permit use of items ordinarily set-aside on Shabbat, Rabba bar bar Ḥana taught the following baraita before Rav: With regard to hard branches of a palm tree that one cut for fire wood or for construction, and then he reconsidered their designation and decided to use them for sitting, he must tie the branches together on Shabbat eve. This allows him to move them on Shabbat like any other household utensil. Rabban Shimon ben Gamliel says: He need not tie them together and, nevertheless, he is permitted to move them. Rabba bar bar Ḥana taught the baraita, and he said about it that the halakha is in accordance with the opinion of Rabban Shimon ben Gamliel. On that same topic, it was stated that Rav said: He ties the branches together on Shabbat eve. And Shmuel said: If he merely has in mind on Shabbat eve that he wishes to sit on them on Shabbat, he need not tie them together. And Rav Asi said: If he even briefly sits on them on Shabbat eve, sitting on the branches is permitted the next day, even though he did not tie them together and even though he did not have that in mind. The Gemara comments: Granted, Rav, he stated his opinion in accordance with the unattributed opinion of the first tanna of the baraita, and Shmuel, too, he stated his opinion in accordance with the opinion of Rabban Shimon ben Gamliel. However, in accordance with whose opinion did Rav Asi state his opinion? Apparently, he disagrees with both tanna’im who expressed an opinion on the issue. The Gemara explains: Rav Asi stated his opinion in accordance with the opinion of this tanna, as it was taught in the Tosefta: One may go out into a public domain on Shabbat with combed flax [pakorin] or combed wool covering a wound, when he previously dipped them in oil and tied them to the wound with twine. If he did not dip them in oil or tie them with twine, he may not go out into the public domain with them. And if he went out with them for a brief period on Shabbat eve while it was still day, even if he did not dip them in oil or tie them with twine, he is permitted to go out with them on Shabbat. Apparently, there is a tanna who maintains that using an item before Shabbat enables one to use it on Shabbat as well. No additional steps are necessary. Rav Ashi said: We too have also learned in a mishna: Straw that is piled on a bed to be used for fuel or mixed with clay is set aside for that purpose and may not be moved. Therefore, one who seeks to lie on the bed may not move the straw with his hand, but he may move it with his body, as this is not the typical way of moving straw. However, if that straw had been designated as animal feed, or if there was a pillow or sheet spread over it on Shabbat eve while it was still day and he lay on it before Shabbat, he may move it with his hand. Apparently, even brief use before Shabbat suffices to permit use on Shabbat as well. The Gemara concludes: Indeed, conclude from it that there is a tannaitic opinion in accordance with which Rav Asi stated his opinion. The Gemara asks: And who is the unnamed tanna who disagrees with Rabban Shimon ben Gamliel in the baraita cited above? He holds that in order to use palm branches for sitting, one must perform an action, e.g., tie them together, before Shabbat? The Gemara answers: It is Rabbi Ḥanina ben Akiva, as when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Ze’iri said that Rabbi Ḥanina said: Rabbi Ḥanina ben Akiva once went to a certain place on Shabbat eve and found there hard branches of a palm tree that they had cut for fire wood. And he said to his disciples: Go out and have in mind that you will use them so that we will be permitted to sit on them tomorrow, on Shabbat. And, Ze’iri added, I do not know if the house where Rabbi Ḥanina ben Akiva went was the house of a wedding feast or if it was the house of mourning. The Gemara explains: From the fact that Ze’iri said: I do not know whether it was the house of a wedding feast or the house of mourning, it may be inferred that this halakha applies specifically to the house of mourning or the house of a feast because they are preoccupied with other matters and do not have time to tie the wood. However, here, in ordinary circumstances, if he tied the branches together, yes, it is permitted to sit on them on Shabbat; if he did not tie them together, no, it is not permitted. Rav Yehuda said: A person may bring a basket full of earth into his house on Shabbat eve, pour it on the floor, and use it for all his needs on Shabbat, e.g., to cover excrement. Mar Zutra taught in the name of Mar Zutra Rabba: That applies only if he designated a specific corner in his house for the earth. The Sages said before Rav Pappa: In accordance with whose opinion was this last ruling taught, that designating a place for the earth is sufficient to permit its use on Shabbat? It must have been taught in accordance with the opinion of Rabban Shimon ben Gamliel with respect to palm branches, as if it was taught in accordance with the opinion of the Rabbis, didn’t they say that in order to permit use of an object that is set-aside on Shabbat, we require an action, e.g., tying the palm branches together? Thought alone is insufficient. Rav Pappa said to them: Even if you say that the halakha was taught in accordance with the opinion of the Rabbis, the Rabbis stated their opinion that we require an action, only with regard to something with which it is possible to perform a preparatory action. However, with regard to something with which it is not possible to perform a preparatory action, no, they did not require an action. Since it is not possible to perform a preparatory action with the earth, one is permitted to use the earth by means of thought alone. The Gemara asks: Let us say that this issue, whether or not an action is required in that case, is parallel to a dispute among the tanna’im. As it was taught in one baraita: One may clean utensils on Shabbat with any type of cleaning agent, except for silver utensils with cream of tartar [gartekon], as that not only polishes the silver, but also smooths it. By inference: Cleaning with natron and sand is permitted. Wasn’t it taught in the Tosefta: Cleaning with natron and sand is prohibited on Shabbat? What, is it not that they disagree with regard to this following point? That one Sage, who prohibits use of sand on Shabbat, holds that an action is required in order to permit the use of items that would otherwise be set-aside on Shabbat. Since it is impossible to perform an action with sand, its use is prohibited. And the other Sage, who permits use of sand, holds that an action is not required. The Gemara rejects this argument: No, everyone agrees that an action is not required; and, nevertheless, it is not difficult. This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda; that baraita, which permits their use, is in accordance with the opinion of Rabbi Shimon. The Gemara elaborates: This baraita, which prohibits use of sand and natron, is in accordance with the opinion of Rabbi Yehuda, who said with regard to the laws of Shabbat in general that an unintentional act is prohibited. It is prohibited to perform an otherwise permitted action from which an unintended prohibited labor ensues. Therefore, cleaning a silver utensil with sand or natron is prohibited because he thereby unintentionally smooths the utensil, which is prohibited on Shabbat. That baraita, which permits the use of sand and natron, is in accordance with the opinion of Rabbi Shimon, who said that an unintentional act is permitted. The Gemara raises an objection: In what manner did you establish that baraita, which permits the use of sand and natron? You established it in accordance with the opinion of Rabbi Shimon. If so, say the latter clause of that same baraita: However, one may not wash his hair with them on Shabbat. And, if it is in accordance with the opinion of Rabbi Shimon, he permits doing so. As we learned in a mishna:
ואם יצא בהן שעה אחת כו' - אף על פי שלא צבע ולא חישב היינו כרב אסי דאמר ישב אף על פי שלא חישב ולא קישר קשה לר"י רישא דקתני יוצאין בהן בזמן שצבען מאי אריא צבען אפילו חישב נמי דהא כיון דמתיר יצא אף על פי שלא צבע ולא חישב כל שכן חישב ולא צבע דלכאורה ישיבה גריעא ממחשבה וכן נמי יציאה ותירץ דהאי דקאמר צבען לא לצאת בהן בשבת אלא כדי לצאת בהן מבעוד יום ואחר כך נמלך ואפ"ה יכול לצאת בהן בשבת.
בעל המאור שבת מט ע"א (מדפי הרי"ף):
ואל תטעה בדברי רב אסי שנראה כמוסיף על דברי רשב"ג דקאמר ישב אף על פי שלא קשר ושלא חשב והוי יודע שלא אמר רב אסי שתועיל מחשבה בלא ישיבה כר"ש בן גמליאל אלא שהישיבה גדולה מן המחשבה וא"צ עם הישיבה לא מחשבה ולא קשור אבל קשור מועיל לדברי הכל בחריות של דקל וליכא מאן דפליג בהו ואפי' במעשה כל דהו מבעוד יום כגון השפשוף או ישיבה מועיל אליבא דרב אסי משום רבי יוחנן ודלא כרשב"ג דסגי ליה במחשבה בלחוד בחריות של דקל ובקנה שהתקינו בעל הבית להיות פותח ונועל בו דאמר רבי שמעון בן גמליאל מתוקן אף על פי שאינו קשור ופי' התקנה דרבי שמעון בן גמליאל היא מחשבה בלבד שחשב עליו מבעוד יום לכך כמו שאתה אומר קנה שהתקינו בעל הבית להיות פותח ונועל בו שזאת התקנה ודאי הוא מחשבה בלבד וכן פחות מג' על ג' שהתקינו לפקוק בו את המרחץ או לנער בו את הקדרה כללו של דבר כל התקנה בלשון הפעיל אינה אלא הכנה והזמנה במחשבה בלבד ור' יוחנן ס"ל כרשב"ג בחדא דלא בעיא קשור ופליג עליה בחדא דרשב"ג לא בעי אלא מחשבה בלבד ורבי יוחנן בעי תיקון במעשה כל דהו וההוא מעשה כל דהו משוי ליה תורת כלי.
ומיהו אפי' במידי דלאו בר מעשה בעינן יחוד לעולם בדבר שאין דרכה ליחדה לכך ובמידי דאורח' פליגי כמ"ש דהא הרשב"א מייתי ראיה מקופת עפר דשרי והתם לאו בר מיעבד מעשה הוא כדאיתא בגמר' ומשמע במרדכי ספי"ז דלכסות בו פי חבית או לסגור הדלת או להכות בברזא בר מיעבד מעשה היא שיכול לעשות בו מעשה הוכחה שעומד לכך ובהא כ"ע מודו שבעי' יחוד לעולם לפי שאין דרכו של אבן ליחד אותה לכיסוי חבית.
הך חישב אי בפה או במחשבה בעלמא.
De même dans son commentaire sur le Orach Ḥayim, au §209, lettre ג׳, il ressort que même pour une mitsva d’ordre rabbinique, il faut une intention, car les bénédictions sont d’ordre rabbinique – cf. là-bas. Et vois le Levouch, qui écrit que l’on apprend des versets que les mitsvot exigent une intention ; et au §589, il n’a pas expliqué cela. Et maintenant, je n’ai pas trouvé s’il pense que seules les mitsvot de la Torah nécessitent une intention, ou si cela vaut aussi pour les mitsvot rabbinique – si Dieu le veut, cela sera éclairci dans ce que j’ai écrit dans l’introduction générale. Et vois le Beit Yossef au §589 et le Peri Ḥadash là-bas à ce sujet. Concernant la michna de Roch Hachana : « [Celui qui entend] le son du shofar ou [la lecture de] la Méguila – s’il a eu l’intention, il est quitte » – on peut dire que cela relève des paroles des prophètes. Cf. aussi ce que j’ai écrit au §273, 2 – si Dieu le veut, cela sera éclairci.
איך אפשר להסביר את המחלוקת איך חפץ יוצא מהגדרת מוקצה מחמת גופו?
(רמז: אפשר לתלות זאת בשאלה אם מוקצה הוא חלות או מציאות.)
ואיך אפשר להסביר זאת על פי הכיוונים דלעיל?
מוקצה מחמת איסור
מרכבת המשנה הלכות שבת כד, יג:
מזה למד רבנו טעם השני דלקמן הי"ג דחיישינן שמא כשיעסוק בטלטול הכלי שמלאכתו לאיסור יבא לעשות בהן מלאכה.
תוספת שבת שי, יג:
דהא עיקר הטעם דכלי שמלאכתו לאיסור גרע טפי מכלי שמלאכתו להיתר אינו אלא משום דכיון שמלאכתו לאיסור ואינו יכול להשתמש בו מלאכתו המיוחדת לו מקצה דעתו ממנה.
איך אפשר לבאר את המחלוקת על פי דברינו דלעיל?
מוקצה מחמת חסרון כיס
כיון דשמעה להא דאמר רב חיננא בר שלמיא משמיה דרב: הכל מודים בסיכי זיירי ומזורי דכיון דקפיד עלייהו - מייחד להו מקום, הני נמי: מייחד להו מקום.
Using an object whose primary function is for a prohibited use, for the purpose of utilizing the object itself to perform a permitted action, is permitted. Abaye raised an objection to the opinion of Rabba from the Tosefta: A mortar, if it still has garlic in it, one may move it on Shabbat, and if not, one may not move it. Apparently, under no circumstances may a mortar be used, even for an action that is generally permitted on Shabbat, because the mortar’s primary function is prohibited. Rabba said to him: In accordance with whose opinion is this baraita? It is the opinion of Rabbi Neḥemya, who says: A vessel may not be moved on Shabbat except for the purpose of its designated use. Abaye raised another objection to Rabba’s opinion. We learned in a mishna that Beit Shammai say: One may not take a large pestle from a mortar, which is typically used for a prohibited action, in order to cut meat on it for the purpose of a Festival. And Beit Hillel permit doing so due to the mitzva of rejoicing on the Festival. And everyone agrees that if one cut meat on it for the purpose of the Festival, that it is then prohibited to move it because there is no further need for it on the Festival. Apparently, it is prohibited to use an object whose primary function is for a prohibited use, even to perform a permitted action. Initially, Rabba thought to respond to Abaye’s objection by saying that this mishna, too, is in accordance with the opinion of Rabbi Neḥemya, that a vessel may only be moved on Shabbat for the purpose of its designated use. However, he changed his mind once he heard that which Rav Ḥinana bar Shelemya said in the name of Rav: Everyone agrees in the case of launderers’ pins, presses, and clothing rods (Arukh), that since one is particular about them to ensure that they remain intact, he designates a place for them and does not move them for other purposes. Therefore, everyone agrees that it is prohibited to move them. Here, too, the mortar and pestle are specifically designated for a particular use and one designates a place for them; therefore, it is prohibited to move them. It was stated that there was another amoraic dispute on this topic. Rabbi Ḥiyya bar Abba said that Rabbi Yoḥanan said: It was with regard to the hammer of goldsmiths that we learned it may be used to crack nuts. Although the goldsmith is particular about ensuring that the hammer remains smooth and avoids using it for any purpose other than its particular use, nevertheless, it was allowed to be used for other permitted actions. Rav Shemen bar Abba said: It was with regard to the hammer of spice merchants that we learned it may be used to crack nuts. The Gemara explains: The one who said it is permitted to crack nuts on Shabbat using the hammer of spice merchants, all the more so that it is permitted to use a hammer typically used by goldsmiths. However, the one who said that it is only permitted to use a hammer used by goldsmiths, but with regard to the hammer of spice merchants, the merchant is particular about it and would not allow it to be used for cracking nuts. Use for other purposes would cause the hammer to absorb foreign smells, which would ruin the spices. And we learned in the mishna: one may move a reed or a shuttle [karkar] in order to stick it into food. The Sages taught in a baraita: With regard to an unripe fig that one buried in straw to accelerate its ripening, and likewise with regard to a cake that one buried in coals in order to heat it, if part of it is exposed, it is permitted to move it on Shabbat. And if not, and it was completely covered, it is prohibited to move it lest one come to carry straw or coals, which are set-aside, along with it. It is prohibited for one to move set-aside objects or to cause them to be moved. Rabbi Elazar ben Tadai says: One may insert a reed or a shuttle into an unripe fig or a cake that is buried in coals to remove it from its place, and the straw and the coals are shaken off on their own. Rav Naḥman says: The halakha is in accordance with the opinion of Rabbi Elazar ben Tadai. The Gemara asks: Is that to say that Rav Naḥman holds: Moving an object in an atypical manner is not considered to be a bona fide act of moving and is permitted on Shabbat? Didn’t Rav Naḥman say: This radish that was buried in the dirt to protect it, if it was inserted from the top to bottom, i.e., the wider part of the radish is closer to the surface and the narrower part is farther, it is permitted to remove it from the dirt. If it was inserted from bottom to top, and the wider part was farther from the surface, it is prohibited because he thereby moves the dirt. Apparently, Rav Naḥman prohibits moving set-aside items even if one does so in an atypical manner. The Gemara answers: Rav Naḥman reversed his opinion with regard to that halakha of the radish. We learned in the mishna: One is permitted to take an ordinary hand needle used for sewing clothes to extract a thorn with it. Rava, son of Rabba, sent the following question to Rav Yosef: Let our teacher teach us: With regard to a needle whose eye or point was removed, what is its legal status, i.e., is moving it on Shabbat permitted? Rav Yosef said to him: You already learned the answer to that question in the mishna: One is permitted to take an ordinary hand needle used for sewing clothes to extract a thorn with it. And what does the thorn that is stuck in his flesh care whether the needle has an eye or whether it does not have an eye? Since the needle is suited for that purpose, it is permitted to move it. Rava, son of Rabba, raised an objection to Rav Yosef from that which we learned in a mishna: A ritually impure needle whose eye or point was removed becomes ritually pure, because its status as a vessel is negated. Since it is no longer considered a vessel, why would it be permitted to move it? Abaye said: Are you raising a contradiction from the halakhot of ritual impurity to the halakhot of Shabbat? With regard to ritual impurity, we require a functional utensil for it to become ritually impure or to retain impurity, and anything which is not functional is ritually pure. However, with regard to Shabbat we require something that is fit for use, and this too is fit to extract a thorn with it, and therefore, its legal status is that of a utensil and moving it is permitted. Rava said: The one who raises the objection, raises the objection well. From the fact that with regard to ritual impurity it is not considered a utensil, with regard to Shabbat, it is also not considered a utensil, and if it is not a utensil it may not be moved on Shabbat. The Gemara raises an objection to the opinion of Rava based on what was taught in a baraita: A needle, whether it is perforated or whether it is not perforated, it is permitted to move it on Shabbat. And they said that the status of a perforated needle is different only with regard to ritual impurity alone. Abaye interpreted it according to the opinion of Rava: In this mishna, we are dealing with unfinished needles. Sometimes one decides to render them a utensil for other purposes without perforating them. However, in a case where its eye or its point was removed from the finished needle, its status as a vessel was negated, since a person throws it among the junk [gerutaot]. With regard to the matter of aligning the limbs of an infant on Shabbat when it is necessary to do so, Rav Naḥman prohibits doing so on Shabbat, due to concern that it is similar to the prohibited labor of completing the production process of a vessel, and Rav Sheshet permits doing so. Rav Naḥman says: From where do I say that this is the halakha? As we learned in a mishna: One may not make
דקפיד עלייהו - האומן, שלא יתלכלכו ושלא יתעקמו.
מייחד להם מקום - מקצה להן בידים.
כל כלי שמקפיד עליו שמא יפחתו דמיו, כגון כלים המוקצים לסחורה וכלים היקרים ביותר שמקפיד עליהן שמא יפסדו, אסור לטלטלן בשבת, וזה הוא הנקרא מוקצה מחמת חסרון כיס. כגון המסר הגדול ויתד של מחרישה וסכין של טבחים וחרב של אושכפים וחצין החרשים וקורנס של בשמים וכיוצא בהן.
Whenever a person is careful [not to use] a utensil lest its value depreciate - e.g., utensils that are set aside as merchandise,18Note Shulchan Aruch HaRav 308:3, which states that not all utensils that are set aside as merchandise are intended solely for that purpose. Many storekeepers consider making personal use of the wares in their shops. In such an instance, one would be allowed to move the article on the Sabbath. or very expensive utensils of which one is extremely careful lest they spoil - carrying it is forbidden on the Sabbath.19The word muktzeh means "set aside." Since a person would ordinarily have no thought of using such a utensil on the Sabbath, it is placed in this category. Even if he changes his mind afterwards and decides to use it on the Sabbath, this is forbidden. Since at the commencement of the Sabbath it was not his intent to use it, it may not be moved for the entire day.
The commentaries compare this law regarding merchandise to Chapter 26, Halachah 14, which states that food, even when set aside to be sold, is never considered muktzeh.
This [category] is referred to as muktzeh [lest] financial loss [be caused].
[Included in this category are] a large saw, the knife-like point of a plow, a butcher's knife, a leather-worker's knife, a carpenter's plane, a perfume-maker's mortar,20All these utensils are used for professional purposes that are forbidden on the Sabbath. Since they are delicate instruments, their owners will not use them for other purposes, lest they become damaged. and the like.
א"כ לגבי אכילה ל"ש מוקצה מחמת חסרון כיס דדעתי' דאינש על כל מידי דחזי לי'... דכל אשר לו יתן האדם בעד נפשו.
כגון כלים המוקצים לסחורה היינו שמחמת שעומדים לסחורה מקפיד עליהם שמא יפחתו משום הכי הוי מוקצה אבל משום שעומדים לסחורה לחוד לא הוי מוקצה.
לפי איזה כיוון הולכים שני פרשנים אלה?
(רמז: האם הדבר המוקצה הוא מחמת המציאות או מחמת תכנון ומחשבת האדם?)
מוקצה מחמת מיאוס
תנו רבנן: מטלטלין נר חדש אבל לא ישן, דברי רבי יהודה. רבי מאיר אומר: כל הנרות מטלטלין, חוץ מן הנר שהדליקו בו בשבת. רבי שמעון אומר: חוץ מן הנר הדולק בשבת. כבתה - מותר לטלטלה, אבל כוס וקערה ועששית לא יזיזם ממקומם.
...למימרא דרבי יהודה מוקצה מחמת מיאוס - אית ליה, מוקצה מחמת איסור - לית ליה?
if you do not permit him to move the corpse in an atypical manner, he will come to extinguish the fire. The Sages permitted performing an act prohibited by rabbinic law so that one will not come to transgress a Torah prohibition. Rabbi Yehuda ben Sheila said that Rav Asi said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehuda ben Lakish with regard to the issue of rescuing a corpse from a fire. We learned in the mishna that one may not make use of the oil that drips from the candle on Shabbat because it is not among the oil prepared from Shabbat eve for use on Shabbat. With regard to this same issue, the Sages taught in a baraita: The remaining oil that is in the lamp or in a bowl in which a wick was burning is prohibited for use on Shabbat. However, Rabbi Shimon permits using the remaining oil as, according to his opinion, there is virtually nothing prohibited due to the prohibition of set-aside. MISHNA: The dispute in this mishna seems to be a local one; however, it is the key to several halakhot in the area of the prohibition of set-aside [muktze]. One may move a new oil lamp on Shabbat but not an old one that was already used. A lamp that was used is covered with soot and unsuitable for use. It is therefore considered set aside from use due to its disgusting nature. Rabbi Shimon says: All oil lamps may be moved on Shabbat except for an oil lamp that is burning on Shabbat, due to the concern that it might be extinguished. GEMARA: The Sages taught the dispute in the mishna in greater detail in a Tosefta: One may move a new oil lamp on Shabbat but not an old one; this is the statement of Rabbi Yehuda. Rabbi Meir says: All oil lamps may be moved on Shabbat except for an oil lamp that they kindled on that Shabbat. Rabbi Meir does not hold that one must distance himself from objects that are disgusting. However, since the lamp was burning on Shabbat, it may not be moved, as it is an object set aside due to prohibition for the entire Shabbat. Rabbi Shimon says: All lamps may be moved except for an oil lamp that is burning on Shabbat. If the flame was extinguished, one is permitted to move it. However, a cup and a bowl and a lantern that are full of oil with a wick lit in them, one may not move them from their place even after the flame is extinguished. And Rabbi Eliezer, son of Rabbi Shimon, says: One may supply himself with oil from an extinguished candle and from the oil that drips from the lamp, and even while the lamp is burning. Abaye said: Rabbi Eliezer, son of Rabbi Shimon, holds in accordance with the opinion of his father in one matter and disagrees with him in one matter. He holds in accordance with the opinion of his father in one matter, as he is not of the opinion that moving set-aside objects is prohibited. And he disagrees with him in one matter; as his father holds that if the flame was extinguished, yes, he may move it, if it was not extinguished, no, he may not move it. And Rabbi Eliezer holds: Even though the flame was not extinguished, it is permitted to carry the lamp and to use the oil that drips from it. In his opinion, doing so in no way extinguishes the flame and it is in no way comparable to extinguishing the flame. Following Rabbi Shimon’s statement, it was taught in the Tosefta: However, a cup, and a bowl, and a lantern, one may not move them from their place. The Gemara asks: What is different about these, that even Rabbi Shimon prohibits moving them? Ulla said: In the latter clause of this Tosefta, we came back to explain the opinion of Rabbi Yehuda, who prohibits moving items that are set-aside. Mar Zutra strongly objects to Ulla’s explanation: If so, what is the meaning of the word however in the phrase: However, a cup and a bowl, etc.? Rabbi Yehuda prohibited moving an oil lamp as well. In what way could the legal status of a bowl be any different? Rather, Mar Zutra said: Actually, this must be explained differently. That phrase was stated by Rabbi Shimon. And when Rabbi Shimon permitted moving a lamp, that was in the case of a small lamp, which he has in mind, i.e., he is certain that the flame will be extinguished on Shabbat and that he will have the opportunity to use the remaining oil that day. However, these, the bowl and the lantern, which have much oil, no, he does not expect them to be extinguished and he sets them aside from use for the entire Shabbat. The Gemara asks: Wasn’t it taught in a baraita: Using the remaining oil that is in an oil lamp or in a bowl is prohibited on Shabbat, and Rabbi Shimon permits using it. Apparently, Rabbi Shimon does not distinguish between a candle and a bowl. The Gemara answers: There, where Rabbi Shimon permitted a bowl, was specifically in a case where it is similar to a lamp, i.e., a small bowl in which the flame will quickly extinguish. Here, where Rabbi Shimon prohibited using the oil remaining in a bowl, it is referring to a bowl that is similar to a cup, which is large. Rabbi Zeira said: A metal candlestick [pamot] that was kindled on Shabbat, according to Rabbi Shimon, who permits moving a lamp, it is prohibited because it is large. Whereas, according to Rabbi Yehuda, who prohibits moving a lamp, a metal candlestick is permitted because it does not become disgusting (Rabbeinu Ḥananel). The Gemara asks: Is that to say that Rabbi Yehuda is of the opinion that an object that is set-aside [muktze] due to repugnance may not be moved, and he is not of the opinion that an object that is set-aside due to prohibition may not be moved, and therefore permits moving the candlestick? Wasn’t it taught in a baraita that Rabbi Yehuda says: All metal candlesticks may be moved on Shabbat with the exception of a candlestick that was kindled on Shabbat itself? Apparently, he prohibits moving the metal candlestick, not because it is disgusting but because it is set-aside due to prohibition. Rather, if it was stated, it was stated as follows, Rabbi Zeira said: A metal candlestick that was kindled on Shabbat, everyone agrees that it is prohibited. One that was not kindled on Shabbat, everyone agrees that it is permitted because it is neither set aside due to prohibition nor set aside due to repugnance. Rav Yehuda said that Rav said: A bed which one designated to place money upon it may not be moved on Shabbat because it is set-aside. It is prohibited even though it no longer has money upon it. Rav Naḥman bar Yitzḥak raised an objection to Rav Yehuda from our mishna: One may move a new oil lamp on Shabbat but not an old one.
פני יהושע שם ד"ה 'בפרש"י בד"ה אבל':
בפרש"י בד"ה אבל לא ישן דמוקצה מחמת מיאוס הוא עכ"ל. ומש"ה אוסר ר"י אף על גב שלא הדליקו בו באותו שבת ומטעם איסור מוקצה מחמת מיאוס לר"י נראה דהיינו דמחמת מיאוסו אינו ראוי לשום תשמיש אחר כי אם להדלקה וכיון דבשבת להדלקה נמי לא חזי נמצא דאין שם תורת כלי עליו בשבת והו"ל כעצים ואבנים בעלמא שאין מטלטלין אותן אפילו לצורך גופן ומקומן מהטעם שכתב הרמב"ם ז"ל (בפרק כד מהלכות שבת הי"ב) כיון דהוה ליה כעובדא דחול אתי לידי איסור דאורייתא, כן נראה לי ודו"ק.
דכיון דסני ריחיה אסוחי אסח דעתיה מיניה והוה ליה מוקצה מחמת מיאוס.
איך אפשר להסביר את הסברות על פי הכיוונים דלעיל?
בסיס לדבר האסור
מתני'. האבן שעל פי החבית - מטה על צדה והיא נופלת. היתה בין החביות - מגביה, ומטה על צדה והיא נופלת. מעות שעל הכר - מנער את הכר והן נופלות. היתה עליו לשלשת - מקנחה בסמרטוט, היתה של עור - נותנין עליה מים עד שתכלה.
גמ'. אמר רב הונא אמר רב: לא שנו אלא בשוכח, אבל במניח - נעשה בסיס לדבר האסור.
Doesn’t he disagree with him? As it was taught in a baraita that Rabbi Yehuda says: One may lift a measure of teruma that was nullified from a mixture of one hundred measures of non-sacred produce and one measure of teruma. Rabbi Shimon ben Elazar says: One casts his eyes on this side of the mixture and decides to separate a se’a from the produce on that side, and he eats from a different side of the mixture. The Gemara rejects this: Fundamentally, the two tanna’im agree, but the opinion of Rabbi Yehuda is more far-reaching than the opinion of Rabbi Shimon ben Elazar. Rabbi Yehuda says that since thought is sufficient, lifting the se’a does not render the produce fit for consumption, and it is preferable if he lifts the se’a even on Shabbat. MISHNA: With regard to a stone, which is set-aside on Shabbat and may not be moved, that was placed on the mouth of a barrel, one tilts the barrel on its side, and the stone falls. If the barrel was among other barrels, and the other barrels might break if the stone falls on them, he lifts the barrel to distance it from the other barrels, and then tilts it on its side, and the stone falls. With regard to coins that are on a cushion, he shakes the cushion and the coins fall. If there was bird dung (Arukh) on the cushion, he wipes it with a rag, but he may not wash it with water because of the prohibition against laundering. If the cushion was made of leather, and laundering is not a concern, he places water on it until the bird dung ceases. GEMARA: Rav Huna said that Rav said: They only taught this halakha with regard to a stone in a case where one forgets the stone on the barrel. However, if he places the stone on the barrel, the barrel becomes a base for a prohibited object, which itself may not be moved throughout Shabbat. We learned in the mishna: If the barrel was among other barrels, he lifts the barrel and then tilts it on its side, and the stone falls. The Gemara asks: Who is the tanna who holds that any place that there is a prohibited item and a permitted item, we may exert ourselves for the permitted item, but we may not exert ourselves for the prohibited item? One must exert himself to lift the barrel, and he may not remove the stone, although doing so would minimize his exertion. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: It is Rabban Shimon ben Gamliel. As we learned in a mishna: With regard to one who selects legumes on a Festival, separating edible and inedible, Beit Shammai say: He selects food and eats it immediately and leaves the waste. And Beit Hillel say: He selects in his usual manner, and may even remove the waste and leave the food, in his lap or in a large vessel. And it was taught in a baraita that Rabban Shimon ben Gamliel said: In what case are these matters, the dispute between Beit Shammai and Beit Hillel, stated: In a case where the quantity of the food is greater than the quantity of the waste. However, if the quantity of the waste is greater than the quantity of the food, everyone agrees that one selects the food to avoid the exertion involved in removing the waste, which itself may not be moved. The same is true here. He moves the barrel and not the stone, which is like waste. The Gemara asks: And here, in the case of the barrel, isn’t it comparable to a case where the food is greater than the waste, as the barrel, which is food, is bigger and heavier than the stone. In addition, it is easier to move the stone. Nevertheless, he is not permitted to do so, in accordance with the opinion of Beit Hillel. The Gemara answers: Here, too, since if he wants to take the wine, the wine cannot be taken until he removes the stone, the legal status of the stone is like that of waste which is greater in quantity than the food, and it cannot be likened to the case of selecting. In this case, he is unable to move the barrel without moving the stone. We learned in the mishna: If the barrel was among other barrels, he lifts the barrel. It was taught in a baraita: Rabbi Yosei says: If the barrel was placed in a storeroom amongst other barrels, or if glass vessels were placed beneath it, preventing him from tilting the barrel and letting the stone fall, he lifts the barrel and moves it to a different place, and he tilts it on its side, and the stone falls. And then he takes from the barrel what he needs, and restores the barrel to its place. We learned in the mishna: With regard to coins that are on a cushion, he shakes the cushion and the coins fall. Rav Hiyya bar Ashi said that Rav said: They only taught this halakha with regard to a case where one forgets the coins on the cushion; however, if he places the coins on the cushion, the cushion becomes a base for a prohibited object and may not be moved at all. Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They only taught the halakha that one shakes the cushion and the coins fall, when he needs the cushion for the purpose of utilizing the cushion itself; but if he needs it for the purpose of utilizing its place, he moves the cushion with the coins still on it. And likewise, Hiyya bar Rav from Difti taught in a baraita: They only taught the halakha that one shakes the cushion and the coins fall, when he needs the cushion for the purpose of utilizing the cushion itself, but if he needs it for the purpose of utilizing its place, he moves the cushion with the coins still on it. We learned in the mishna: With regard to coins that are on a cushion, he shakes the cushion and the coins fall.
Rabbi Oshaya said: If one forgot a purse of money in the courtyard on Shabbat eve, and he remembers it on Shabbat and wants to bring it into the house, he places a loaf of bread or a baby on it and moves it. The purse becomes a base for a permitted object and may be moved.
Rav Yitzhak said: If one forgot a brick in the courtyard, he places a loaf of bread or a baby on it and moves it.
Rabbi Yehuda bar Sheila said that Rabbi Asi said: Once, they forgot a saddlebag [diskaya] full of coins in a main street, and they came and asked Rabbi Yoḥanan, and he said to them: Place a loaf or a baby on it, and move it. Mar Zutra said: The halakha is in accordance with all these statements in the case of one who forgets. However, if one intentionally left an object, even a valuable object, on Shabbat eve, he may not employ artifice and move it the following day. Rav Ashi said: If one forgot, he may also not employ artifice, and they only stated that movement by means of a loaf or a baby for the purposes of moving a corpse alone. The Gemara relates: Abaye would place a spoon on bundles of produce, so that he would be able to move the bundles because of the spoon. Rava would place a knife on a slaughtered young dove and move it. Rav Yosef said mockingly: How sharp is the halakha of children? Say that the Sages stated this halakha only in a case where one forgets, but did they say that one may do so ab initio? Abaye explained his actions and said: If not for the fact that I am an important person, why would I need to place a spoon on the bundles? Aren’t the bundles themselves suited to lean upon? I could have carried the bundles without the spoon. Similarly, Rava said: If not for the fact that I am an important person, why would I need to place a knife on a young dove? Isn’t the young dove itself suited to be eaten as raw meat? The Gemara asks: The reason that it is permitted to move the slaughtered dove is because it is suited to be eaten by a person as raw meat; but if it is not suited to be eaten by a person as raw meat, no, it may not be moved. Is that to say that Rava holds in accordance with the opinion of Rabbi Yehuda, that on Shabbat it is prohibited to move food that was originally designated for human consumption and is now only suited for animal consumption? Didn’t Rava say to his attendant on a Festival: Roast a duck for me, and throw its intestines to the cat. Moving the duck’s intestines was permitted in order to feed the cat. Similarly, moving the dove should have been permitted not because it is raw meat fit for consumption by a person, but because it is suited for consumption by a dog.
הא ליכא פרי לא - דכלי נעשה בסיס לאבן וטפלה לו, ובטל תורת כלי דידיה, והכי נמי נעשית מחתה בסיס לאפר, ור' יוחנן שמעינן ליה לעיל, דכר' יהודה סבירא ליה.
שו"ת תרומת הדשן, פסקים וכתבים, סימן קצג:
אבל מה שמניחים בדרך אקראי... מפני שאין לו ריוח לפנות לכל חפץ... נראה דאם הונח המוקצה בדרך זה בין השמשות... הואיל ויודע שהמוקצה יהא נח על החפץ בשבת גם החפץ נעשה מוקצה מפני שמקצה דעתו ממנו אמנם בנידון דידן שהיה נח במוקצה על החפץ לפני זמן מרובה נראה אפילו הניחו בתחילה בכוונה ולא בדרך אקראי שרי משום דבע"ש נעשה שוכח.
איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
(רמז: למי אכפת מעצם הדרך, ולמי אכפת מהכוונה והדעת)?
נולד
בית שמאי אומרים: מעבירין מעל השלחן עצמות וקליפין, ובית הלל אומרים: מסלק את הטבלא כולה ומנערה. מעבירין מלפני השלחן פירורין פחות מכזית, ושער של אפונין, ושער עדשים - מפני שהוא מאכל בהמה. ספוג, אם יש לו עור בית אחיזה - מקנחין בו, ואם לאו - אין מקנחין בו . (וחכמים אומרים:) בין כך ובין כך ניטל בשבת, ואינו מקבל טומאה.
The Gemara answers: There, since the intestines will putrefy as time passes, they are on his mind from yesterday. Since Shabbat eve, he has had in mind to feed them to the cat. The Gemara adds: So too, it is reasonable to say that Rava holds in accordance with the opinion of Rabbi Yehuda, as Rava taught: A woman may not enter the wood storehouse to take a wooden poker to stoke a fire on a Festival. And with regard to a poker that broke, it is prohibited to kindle a fire with it on a Festival, as one may kindle a fire on a Festival with vessels that may be moved, but one may not kindle a fire with broken vessels that broke during the Festival. They are set-aside and prohibited. Conclude from it that Rava ruled in accordance with the opinion of Rabbi Yehuda with regard to the halakhot of set-aside. MISHNA: Beit Shammai say: One may clear bones and shells left from the Shabbat meal from the table with his hand. And Beit Hillel say: One may remove the entire board [tavla] that is the table surface and shake the bones and shells off of it, but he may not lift them with his hand because they are set-aside and may not be moved. One may clear bread crumbs from the table, even if they are less than an olive-bulk, and pea and lentil pods. Even though it is not fit for human consumption, it may be moved because it is animal fodder. With regard to a sponge, if it has leather as a handle, one may wipe the table with it, and if not, one may not wipe the table with it lest he come to squeeze liquid from it. And the Rabbis say: Both this, a dry sponge with a handle, and that, one without a handle, may be moved on Shabbat and it does not become ritually impure. A sponge is not among the substances that can become ritually impure, neither by Torah law nor by rabbinic decree. GEMARA: Rav Naḥman said: Reverse the two opinions, as we have only Beit Shammai in accordance with the opinion of Rabbi Yehuda, who prohibits moving set-aside items, and Beit Hillel in accordance with the opinion of Rabbi Shimon, who permits doing so. We learned in the mishna: One may clear bread crumbs from the table. The Gemara comments: This supports the opinion of Rabbi Yoḥanan, as Rabbi Yoḥanan said: With regard to crumbs that are less than an olive-bulk, it is prohibited to destroy them by hand in deference to the food. We learned in the mishna: One may clear pea and lentil pods from the table on Shabbat. The Gemara asks: Whose opinion is it in the mishna? It is the opinion of Rabbi Shimon, who is not of the opinion that there is a prohibition of set-aside. Say the latter clause of the mishna: With regard to a sponge, if it has leather as a handle, one may wipe the table with it, and if not, one may not wipe the table with it. We have arrived at the opinion of Rabbi Yehuda, who said: An unintentional act is prohibited, as he certainly does not intend to squeeze liquid from the sponge. The Gemara answers: In that case, even Rabbi Shimon agrees that it is prohibited, as it is Abaye and Rava who both say: Rabbi Shimon agrees in a case of: Cut off its head will it not die, i.e., inevitable consequences. When the prohibited outcome that ensues from the unintentional action is inevitable, Rabbi Shimon agrees that it is prohibited. Squeezing liquid from a sponge is an inevitable consequence. With regard to those pits of Aramean dates, which are low quality and occasionally fed to animals, it is permitted to move the pits since they are fit for use due to their origin, i.e., the dates that were prepared as animal feed beforehand. And moving pits of Persian dates is prohibited. Since those dates are high quality and are not prepared for animals, their pits, too, are not prepared for that use. The Gemara relates that Shmuel would carry them along with bread. The letters shin, resh, nun, mem, shin, peh, zayin are a mnemonic of the Sages whose opinions are cited below: Shmuel, Rabba, Huna, Ameimar, Sheshet, Pappa, Zekharya. The Gemara comments: Shmuel’s statement is consistent with his reasoning, as Shmuel said: A man may perform all his needs with bread. As long as the bread remains edible, he need not be concerned that he is treating the bread contemptuously. Rabba would move them along with a pitcher of water. Rav Huna, son of Rav Yehoshua, would render them a chamber pot with excrement. The Sages permitted moving repulsive vessels. Here, too, he would collect all the date pits and then move them out because they were disgusting. Rav Ashi said to Ameimar: And may one create a chamber pot with excrement ab initio? Although the Sages permitted moving a container of excrement, they did not permit creating one ab initio so that it would be permitted to move it. Rav Sheshet would dispose of the pits with his tongue. Rav Pappa would dispose of them behind the divan on which he sat while eating because he did not want to move them in another manner. They said about Rabbi Zekharya ben Avkolas that he would turn his face toward the back of the divan and dispose of them.
אמר רב יהודה אמר רב: מסיקין בכלים ואין מסיקין בשברי כלים, דברי רבי יהודה, ורבי שמעון מתיר. מסיקין בתמרין, אכלן - אין מסיקין בגרעיניהן, דברי רבי יהודה, ורבי שמעון מתיר. מסיקין באגוזים, אכלן - אין מסיקין בקליפותיהן, דברי רבי יהודה, ורבי שמעון מתיר. וצריכא, דאי אשמעינן קמייתא - בההיא קאמר רבי יהודה - משום דמעיקרא כלי והשתא שבר כלי, והוה ליה נולד - ואסור. אבל תמרים, דמעיקרא גרעינין והשתא גרעינין - אימא שפיר דמי. ואי אשמעינן גרעינין - הוה אמינא: דמעיקרא מכסיין, והשתא מיגליין. אבל קליפי אגוזין, דמעיקרא מיגלו והשתא מיגלו - אימא שפיר דמי, צריכא.
When a gentile carved out a vessel the size of a kav from a piece of wood on a Festival and thereby rendered it a new vessel, a Jew may burn the vessel on a Festival ab initio. And why may he do so? This new vessel that was made from the wood is an object that came into being [nolad] on a Festival, and is set-aside [muktze]. Since Rav Adda bar Ahava permitted doing so, apparently he holds that the laws of set-aside do not apply on a Festival, contrary to the opinion of Rabbi Yehuda. The Gemara answers: Rav Adda bar Ahava said this statement in explanation of the statements of Rabbi Eliezer and Rabbi Akiva in the mishna; however, he himself does not hold that way. Although he explained the opinions in the mishna in accordance with the opinion of Rabbi Yehuda, he himself does not hold that that is the halakha. Rava said, this is the reasoning behind Rabbi Eliezer’s opinion with regard to lighting the wick: Because he holds that one may neither light on Shabbat using a wick that is not slightly singed and prepared for lighting nor light with rags that were not singed before Shabbat. If a person singes the wick slightly before lighting it, it will burn well. A wick that has not been singed does not burn well and will not show the appropriate deference to Shabbat. The Gemara asks: If so, that which Rav Yosef taught: Three by three exactly, to what halakha is it relevant? According to Rava’s explanation, the precise size of the garment used in making the wick is irrelevant. The Gemara responds: Rav Yosef’s statement was with regard to another matter, the halakhot of ritual impurity. As we learned in a mishna in tractate Kelim: Three by three fingerbreadths that they stated as the smallest sized garment that can become ritually impure, excludes the portion used for the hem, i.e., those threads that emerge at the edge of the garment and are sewn into a hem; this is the statement of Rabbi Shimon. And the Rabbis say: Three by three exactly, even including the hem. That is the context of Rav Yosef’s statement: Three by three exactly. With regard to the statement cited above, Rav Yehuda said that Rav said that there is a dispute between the tannaim on this issue: One may only kindle a fire with whole vessels and one may not kindle a fire with broken vessels; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits kindling a fire even with broken vessels. An additional halakha: One may kindle a fire with whole dates on a Festival, and if he ate them, he may not kindle a fire with their pits as they are set-aside; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits kindling a fire with the pits. Furthermore, one may kindle a fire with whole nuts on a Festival, and if he ate them, he may not kindle a fire with their shells; this is the statement of Rabbi Yehuda. And Rabbi Shimon permits doing so. The Gemara comments: And it was necessary to cite all three of these cases because each teaches a novel idea. As, had Rav taught us only the first halakha, we would have thought that it is specifically in that case, with regard to burning broken vessels, that Rabbi Yehuda said that it is prohibited, as initially it was a vessel and now it is a broken vessel, and therefore it is considered an object that came into being [nolad] and prohibited; however, dates, initially there were pits in the dates and now they remain pits, say that one may well do so. And had Rav taught us only with regard to date pits I would have said that they are prohibited because initially they were concealed within the fruit and now they are exposed, it is a case of an object that came into being and prohibited. However, nutshells, which initially were exposed and now are exposed, as they were before, say that one may well do so. Therefore, it was necessary to teach all of these cases. And the Gemara adds: This halakha of Rav was not stated explicitly; rather, it was stated by inference based on conclusions drawn from Rav’s actions and not from his explicit statements. There was an instance where Rav ate dates on a weekday and threw the pits into the oven. Rabbi Ḥiyya said to him: Son of noblemen, the corresponding action, throwing pits into an oven, is prohibited on a Festival. The Gemara asks: Did Rav accept this halakha from him or did he not accept it from him? Come and hear: When Rav came from Eretz Yisrael to Babylonia, he ate dates on a Festival and threw their pits to the animals so that they may eat them. Wasn’t it a case involving Persian dates, which are quality dates whose fruit comes completely off the pits, leaving the pits with no trace of fruit? Ostensibly, they are completely set-aside as they are of no use at all to people. And the fact that Rav threw the pits to the animals indicates that he did not accept this halakha from Rabbi Ḥiyya, and he holds that there is no prohibition in that case. The Gemara replies: No, this is a case involving Aramean dates whose fruit does not come off completely, and remnants of the date remain attached to the pit. These pits, since they are still fit for use due to their mother, i.e., the fruit itself, one is permitted to carry them. Rav Shmuel bar bar Ḥana said to Rav Yosef: According to the opinion of Rabbi Yehuda, who said that one may kindle a fire with whole vessels, and one may not kindle a fire with broken vessels, how it is possible to use whole vessels? Once they are ignited a bit, they become broken vessels, and when one turns the wood over to accelerate their ignition, he turns them over in a prohibited manner, as it is prohibited to light with broken vessels. The Gemara answers: This is a case where he acted in accordance with the statement of Rav Mattana. As Rav Mattana said that Rav said: Branches that fell from a palm tree into an oven on a Festival, since these branches were attached to the tree at the onset of the Festival, they are set-aside and it is prohibited to move them. Nevertheless, he can remedy the situation if he adds wood that was prepared for burning prior to the Festival, until the majority of the wood in the oven is not set-aside, and then kindles them. Since the majority of the wood is permitted, he need not concern himself with the minority. One may do the same when burning vessels by adding wood that is not set-aside. Rav Hamnuna said a different explanation of the dispute in the mishna. In his opinion, here we are dealing with a garment that is smaller than three by three handbreadths, and they taught here halakhot established by the Sages with regard to insignificant small cloths. And Rabbi Eliezer followed his line of reasoning expressed elsewhere, and Rabbi Akiva followed his line of reasoning expressed elsewhere. As we learned in a mishna in tractate Kelim: A cloth smaller than three by three handbreadths that was utilized to plug the bath, and to pour from a boiling pot, and to wipe the millstone, whether this cloth was expressly prepared for that purpose or whether it was not prepared, it can become ritually impure; this is the statement of Rabbi Eliezer. And Rabbi Yehoshua says: Whether it was prepared or whether it was not prepared, it is ritually pure, i.e., it cannot become ritually impure. Rabbi Akiva distinguishes between the cases and says: If it was prepared it is ritually impure, and if it was not prepared it is ritually pure. And Ulla said, and some say that Rabba bar bar Ḥana said that Rabbi Yoḥanan said: Everyone agrees that a cloth this size, if one threw it into the garbage dump, it is ritually pure. His discarding of the cloth indicates that he no longer considers this cloth a garment and no longer considers it significant.
אור זרוע סימן שכט:
לפי פירש"י שמפרש טעמא דנולד משום דלא ידע ליה דניהוי דעתיה עלויה... ותו גבי עצמות וקליפין בה"א מסלק את הטבלה כולה ומנערה ואמאי והא ידע בודאי שכשיאכל יהיו לפניו עצמות... הלכך פי' רבי' יצחק בר' אשר דלא שייך לומר נולד לא בדבר שנשתנה ונעשה ראוי לדבר שלא היה ראוי לו מתחילה.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?

זכור ושמור

זָכוֹר אֶת יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ: שֵׁשֶׁת יָמִים תַּעֲבֹד וְעָשִׂיתָ כָּל מְלַאכְתֶּךָ: וְיוֹם הַשְּׁבִיעִי שַׁבָּת לַה' אֱלֹהֶיךָ לֹא תַעֲשֶׂה כָל מְלָאכָה אַתָּה וּבִנְךָ וּבִתֶּךָ עַבְדְּךָ וַאֲמָתְךָ וּבְהֶמְתֶּךָ וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ: כִּי שֵׁשֶׁת יָמִים עָשָׂה ה' אֶת הַשָּׁמַיִם וְאֶת הָאָרֶץ אֶת הַיָּם וְאֶת כָּל אֲשֶׁר בָּם וַיָּנַח בַּיּוֹם הַשְּׁבִיעִי עַל כֵּן בֵּרַךְ ה' אֶת יוֹם הַשַּׁבָּת וַיְקַדְּשֵׁהוּ:
Remember the sabbath day and keep it holy. Six days youcyou Including a householder’s wife, as a co-administrator. shall labor and do all your work, but the seventh day is a sabbath of the ETERNAL your God: you shall not do any work—you, your son or daughter, your male or female slave, or your cattle, or the stranger who is within your settlements. For in six days GOD made heaven and earth and sea—and all that is in them—and then rested on the seventh day; therefore GOD blessed the sabbath day and hallowed it.
שָׁמוֹר אֶת יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ כַּאֲשֶׁר צִוְּךָ ה' אֱלֹהֶיךָ: שֵׁשֶׁת יָמִים תַּעֲבֹד וְעָשִׂיתָ כָּל מְלַאכְתֶּךָ: וְיוֹם הַשְּׁבִיעִי שַׁבָּת לַה' אֱלֹהֶיךָ לֹא תַעֲשֶׂה כָל מְלָאכָה אַתָּה וּבִנְךָ וּבִתֶּךָ וְעַבְדְּךָ וַאֲמָתֶךָ וְשׁוֹרְךָ וַחֲמֹרְךָ וְכָל בְּהֶמְתֶּךָ וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ לְמַעַן יָנוּחַ עַבְדְּךָ וַאֲמָתְךָ כָּמוֹךָ: וְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם וַיֹּצִאֲךָ ה' אֱלֹהֶיךָ מִשָּׁם בְּיָד חֲזָקָה וּבִזְרֹעַ נְטוּיָה עַל כֵּן צִוְּךָ ה' אֱלֹהֶיךָ לַעֲשׂוֹת אֶת יוֹם הַשַּׁבָּת:
Observe the sabbath day and keep it holy, as the ETERNAL your God has commanded you.
רשב"ם לשמות שם:
(ח) זכור את יום השבת – כל זכירה עונה על ימים שעברו, זכור ימות עולם וגו' בהנחל עליון גוים. זכור את היום הזה, לעולם, כי לשעבר ביום הזה יצאתם ממצרים. זכור אל תשכח את אשר הקצפת את ה' אלהיך וגו' [ו]בחורב וגו'. זכור רחמיך ה' וחסדיך כי מעולם המה. אף כאן זכור את יום השבת של ששת ימי בראשית כמו שמפרש והולך כי ששת ימים עשה ה' וגו' כמו שכתב כאן. ולפיכך נכתב כאן זכור כדי לקדשו להיות שובת ממלאכה.
(יא) על כן ברך ה' את יום השבת – כמו שפירשתי בבראשית כי על כן אשר ברך ה' את יום השבת שכשהגיע עת יום השבת כבר ברא הק' כל צורכי הבריות ומזונותם ונמצא השבת מבורך מכל טוב. ולכן ויקדשהו, לשבות בו לעדות כמו ששבת הק' שברא תחילה את הכל ואחר כך שבת.
ספורנו לדברים שם:
(יב) לקדשו כאשר צוך – באותו האופן שצוך במרה, כי אמנם כשצוך שם על השבת הודיע שלא יספיק לך שתקדשהו במה שתשבות בו ממלאכה, אבל שתעסוק בו בתורה ובמצות כאמרו והישר בעיניו תעשה והאזנת למצותיו (שם טו, כו).
(יד–טו) למען ינוח עבדך ואמתך כמוך. וזכרת כי עבד היית – הנה מצות שביתת הבהמה היא כדי שינוח העבד. ומצות מנוחת העבד היא זכר ליציאת מצרים שהשבית בה הקדוש ברוך הוא את העבודה מן העבדים.
רמב"ן לשמות שם:
(ח) זכור את יום השבת לקדשו – אחר שצוה שנאמין בשם המיוחד יתברך שהוא הנמצא, הוא הבורא, הוא המבין, והיכול, ושנייחד האמונה בכל אלה והכבוד לו לבדו, וצוה שנכבד זכר שמו, צוה שנעשה בזה סימן וזכרון תמיד להודיע שהוא ברא הכל, והיא מצות השבת שהיא זכר למעשה בראשית...
ועל דרך הפשט אמרו (במכילתא כאן) שהיא מצוה שנזכור תמיד בכל יום את השבת שלא נשכחהו ולא יתחלף לנו בשאר הימים, כי בזכרנו אותו תמיד יזכור מעשה בראשית בכל עת, ונודה בכל עת שיש לעולם בורא, והוא צוה אותנו באות הזה כמו שאמר (להלן לא, יג) כי אות היא ביני וביניכם. וזה עיקר גדול באמונת האל.
וטעם לקדשו – שיהא זכרוננו בו להיות קדוש בעינינו, כמו שאמר וקראת לשבת עונג לקדוש ה' מכובד (ישעיה נח, יג). והטעם, שתהא השביתה בעינינו בעבור שהוא יום קדוש, להפנות בו מעסקי המחשבות והבלי הזמנים, ולתת בו עונג לנפשינו בדרכי ה', וללכת אל החכמים ואל הנביאים לשמוע דברי ה', כמו שנאמר (מ"ב ד, כג) מדוע את הולכת אליו היום לא חדש ולא שבת, שהיה דרכם כן, וכך אמרו רז"ל (ר"ה טז ע"א) מכלל דבחדש ושבת בעי למיזל.
איך אפשר להסביר את סיבת קידוש השבת על פי הכיוונים דלעיל?
קידוש
פסחים קו ע"א, "תנו רבנן זכור... עיניו בראשו".
עוד שאלת קידוש היום... דמדאורייתא לקדשו ולומר שבת היום... תשובה... וכן קידוש היום לזכור אותו בכניסתו כעין שבח וקילוס וכל אחד ואחד אומר כפי שיזומן לו מענייני שבחו וקדושתו.
איך אפשר להסביר את ההתלבטות על פי הכיוונים דלעיל?
(רמז: למי מספיק רק לזכור שאותו היום הוא שבת ועיקר ההבדל הוא במלאכה?)
ארבעה דברים נאמרו בשבת, שנים מן התורה ושנים מדברי סופרים והן מפורשין על ידי הנביאים. שבתורה זכור ושמור, ושנתפרשו על ידי הנביאים כבוד ועונג, שנאמר וקראת לשבת עונג ולקדוש ה' מכובד.
There are four [dimensions] to the [observance of] the Sabbath: two originating in the Torah, and two originating in the words of our Sages, which are given exposition by the Prophets. [The two dimensions originating] in the Torah are the commandments "Remember [the Sabbath day]"1This involves the sanctification of the Sabbath, as explained in the previous chapter. and "Observe [the Sabbath day]."2This involves the prohibition against labor on the Sabbath, as reflected in the first 24 chapters of this text.
In the Guide for the Perplexed (Vol. II, Chapter 31), the Rambam explains that the commandment to remember the Sabbath commemorates the Sabbath of creation and the holiness that the Sabbath brings into the world. The commandment to observe the Sabbath reflects the connection to the exodus from Egypt and thus emphasizes the dimension connected with the cessation of labor.

[The two dimensions] given exposition by the Prophets are honor and pleasure3The explanation of these two dimensions is the subject of this final chapter of the Sabbath laws.
The Ramban (in his commentary on Leviticus 23:3 considers the honor of the Sabbath and the delight in it as required by the Torah itself. For the Torah (ibid.) describes the Sabbath as a "holy convocation," and the Sifra explains that that term implies that the day must "be sanctified, honored... and delighted in."
, as [Isaiah 58:13] states: "And you shall call the Sabbath 'A delight, sanctified unto God and honored.'
חייב אדם לאכול שלש סעודות בשבת, אחת ערבית ואחת שחרית ואחת במנחה. וצריך להזהר בשלש סעודות אלו שלא יפחות מהן כלל, ואפילו עני המתפרנס מן הצדקה סועד שלש סעודות. ואם היה חולה מרוב האכילה או שהיה מתענה תמיד פטור משלש סעודות, וצריך לקבוע כל סעודה משלשתן על היין ולבצוע על שתי ככרות, וכן בימים טובים.
A person is obligated to eat three meals on the Sabbath:29In his Commentary on the Mishnah (Pe'ah 8:7), the Rambam cites Shabbat 117b, which states that this obligation stems from the fact that when describing the manna, Exodus 16:25 mentions the word היום, "today," three times. In the verse, "today" refers to the Sabbath, and its threefold repetition indicates that three meals should be eaten on that day. one in the evening, one in the morning, and one in the afternoon.30The Maggid Mishneh explains that with these words, the Rambam is emphasizing that a person who does not eat his meals at these times does not fulfill the mitzvah of eating three Sabbath meals. Although the Halachot Gedolot maintains that the times when one partakes of these meals is not significant, the Shulchan Aruch (Orach Chayim 291:1) rules according to the concept explained by the Maggid Mishneh. One should be extremely careful regarding these three meals, not to eat any less. Even a poor man who derives his livelihood from charity should eat three meals [on the Sabbath].31This directive is addressed, not only to the poor person himself, but to the administrators of the communal charity funds, as reflected in the Rambam's ruling, Hilchot Matnot Ani'im 7:8.
[Nevertheless,] a person who is sick from overeating, or one who fasts constantly is not obligated to partake of three meals.32Since the obligation to eat stems from the command to delight in the Sabbath, it is not applicable to these individuals, who will suffer discomfort from eating further. Note, however, the wording of the Shulchan Aruch (loc. cit.): "A person who cannot eat at all is not obligated to cause himself discomfort."
All these three meals must be significant [sittings] at which wine is served;33Our translation is based on the gloss of the Kessef Mishneh, which differs with the Tur (Orach Chayim 291) in the interpretation of the Rambam's words. The Tur maintains that the Rambam requires the recitation of kiddush before the third meal as well. Almost all the commentaries accept the Kessef Mishneh's view. at each,34The rationale for this ruling is that the obligation to eat three meals is derived from a verse describing the manna, and the manna was described as "bread" (Exodus 16:15 .
Although the Shulchan Aruch (loc. cit.:4) quotes the Rambam's ruling, the Ramah adds in his gloss that there are opinions that maintain that a single complete loaf is sufficient. The Shulchan Aruch continues (loc. cit.:5), mentioning other views that allow one to fulfill his obligation by eating foods other than bread. Although the Shulchan Aruch favors the Rambam's ruling, the later authorities agree that a person who is unable to eat a third meal of bread may fulfill his obligation by eating other foods (Shulchan Aruch HaRav 291:7).
one must break bread on two full loaves.35This obligation stems from the fact that the manna did not descend on the Sabbath, and a double portion of manna descended on the previous day. To commemorate this lechem mishneh (Exodus 16:22 , a double portion of bread is placed on the table on the Sabbath.The same applies regarding the holidays.36Most authorities interpret the Rambam's intent to be that one is obligated to break bread on two complete loaves on the holidays. [The rationale being that the manna did not descend on the holidays as well, and a double portion of manna descended on the previous day (Mechilta).] The Tur, by contrast, interprets the Rambam as requiring one to partake of three meals on the holidays as well.
תוספות רי"ד פסחים שם ד"ה 'שם זוכרהו על היין':
ואין קידוש אלא במה שהוא שקובע סעודתו או פת או יין, דכתיב וקראת לשבת עונג, במקום קריאה שם יהא עונג.
לפי איזה כיוון הוא הולך?
הבדלה
מצות עשה מן התורה לקדש את יום השבת בדברים, שנאמר זכור את יום השבת לקדשו, כלומר זכרהו זכירת שבח וקידוש. וצריך לזכרהו בכניסתו וביציאתו, בכניסתו בקידוש היום וביציאתו בהבדלה.
It is a positive commandment from the Torah1Sefer HaMitzvot (Positive Commandment 155) and Sefer HaChinuch (Mitzvah 31) count this as one of the Torah's 613 mitzvot. to sanctify the Sabbath day with a verbal statement,2Sefer HaMitzvot states: "With this mitzvah, we are commanded to make statements... that acknowledge the greatness and glory of this day, and how it is distinguished from the days that precede it and those that follow it."
Although the Sabbath is by nature a holy day, this mitzvah requires that we consciously - and verbally - acknowledge this holiness. As the Rambam mentions in Halachah 6, our Sages required that this acknowledgement be recited over a cup of wine. Nevertheless, according to the Torah itself, it is sufficient to make these statements in the prayer service.
as [implied by Exodus 20:8]: "Remember the Sabbath day to sanctify it" - i.e., remember it with [words of] praise [that reflect its] holiness.3As the Rambam states in Hilchot Avodat Kochavim 12:3, this mitzvah is incumbent on women as well as on men. This concept is derived as follows: In the first mention of the Ten Commandments (Exodus, Chapter 20), we are commanded to "remember" (zachor) the Sabbath. In Moses' review of that event (Deuteronomy, Chapter 5), however, he uses the expression, shamor, "observe."
Sh'vuot 20b teaches that these two terms were related by God "in a single breath" - i.e., they are two complementary expressions of respect for the Sabbath. Accordingly, all the individuals obligated to keep the mitzvah of "Observe" must also keep the mitzvah of "Remember." Since women are obligated to keep the mitzvah of "Observe" - i.e., to adhere to the prohibitions against forbidden labor - they are also obligated to "Remember" the Sabbath (Berachot 20b).

This remembrance must be made at the Sabbath's entrance and at its departure: at the [day's] entrance with the kiddush that sanctifies the day, and at its departure with havdalah.4As the Rambam clearly states in Sefer HaMitzvot (loc. cit.), his intent is that the mitzvah of remembering the Sabbath encompasses both kiddush and havdalah. The Maggid Mishneh cites opinions that maintain that the mitzvah to "remember the Sabbath" applies only at the commencement of the Sabbath, but not at its conclusion. According to this view, the obligation to recite havdalah is Rabbinic in origin, without any connection to the Biblical commands, "Remember" and "Observe."
Among the practical distinction between these two approaches is the conception of a woman's obligation to recite havdalah. According to the Rambam, there is no difference between a woman's obligation and that of a man. The other view, by contrast, allows for the conception that women are not obligated to recite the havdalah prayer.
The Shulchan Aruch (Orach Chayim 296:8) cites both opinions (but appears to favor the Rambam's view). The Ramah suggests that a woman should fulfill her obligation by listening to a man's recitation of this prayer. When this is not possible, a woman should recite the havdalah herself. A man who has fulfilled his obligation should not, however, recite the prayer for the sake of a woman (Shulchan Aruch HaRav 296:19; Mishnah Berurah 296:35-36).
אמר רבי חייא בר אבא אמר רבי יוחנן: כל המבדיל על היין במוצאי שבתות - הויין לו בנים זכרים, דכתיב: להבדיל בין הקדש ובין החול, וכתיב התם: להבדיל בין הטמא ובין הטהור, וסמיך ליה: אשה כי תזריע.
And we learned this difference in the mishna specifically with regard to ritual impurity in the Temple. If such a distinction were also in effect with regard to a menstruating woman, the mishna would mention it. Rather, one can explain: No parallel distinction is made, because the two cases are not similar in their details. The long way here, with regard to a menstruating woman, namely, that the man must wait, is like the shortest way there, with regard to impurity in the Temple, namely, that the impure person must leave the Temple by way of the most direct route. And the long way there, with regard to the Temple, is like the shortest way here, with regard to a menstruating woman. Rav Huna, son of Rav Natan, objects to what Abaye said: Did Abaye really say with regard to the mishna that if the man withdraws with a flaccid penis he is exempt because he is considered a victim of circumstances beyond his control? Apparently, then, we are speaking of a man who engaged in intercourse with a woman not near the expected date of her menstruation, and therefore the situation is considered beyond his control. But is it not Abaye who says that he is liable to bring two sin-offerings for this transgression, one for his initial entry and one for his withdrawal? Apparently, we are dealing with a man who engaged in intercourse with a woman near the expected date of her menstruation, so he is considered an unwitting transgressor, who is liable to bring a sin-offering, and is not the victim of circumstances beyond his control. Consequently, Abaye’s two statements contradict each other. The Gemara answers: When this statement of Abaye was stated, that the man is liable to bring two sin-offerings, it was stated in general. It was not relating to the case in the mishna, but was an independent ruling concerning one who engages in intercourse with a woman near the expected date of her menstruation. § Rabbi Yonatan ben Yosei ben Lakonya asked Rabbi Shimon ben Yosei ben Lakonya: From where in the Torah is the prohibition concerning one who engages in intercourse with a menstruating woman [nidda] derived? Rabbi Shimon ben Yosei ben Lakonya took a clod [kala] of earth and threw it at him in reproach and said to him: Is there a need to search the Torah for a derivation for the prohibition concerning one who engages in intercourse with a menstruating woman? The verse states: “And a woman who is impure by her uncleanness [nidda] you shall not approach, to uncover her nakedness” (Leviticus 18:19)? The Gemara explains the intent of the question of Rabbi Yonatan ben Yosei ben Lakonya: Rather, from where do we derive the prohibition with regard to the case in the mishna concerning one who was engaging in intercourse with a ritually pure woman, and she experienced menstrual bleeding and said to him: I have become impure, that he must not withdraw immediately? In response to this question Ḥizkiyya said: The verse states: “And if any man lies with her, and her menstrual flow shall be upon him” (Leviticus 15:24), teaching that even at any time when she is menstruating, the prohibition shall be upon him; therefore, he must not withdraw from her immediately. The Gemara asks: We found a source for a positive mitzva with regard to the manner in which one must withdraw from a menstruating woman; from where do we derive that immediate withdrawal is also subject to a prohibition? Rav Pappa said: The verse states: “And a woman who is impure by her uncleanness you shall not approach, to uncover her nakedness” (Leviticus 18:19). The Gemara explains: “You shall not approach [tikrav]” means also the opposite: You shall not withdraw, as it is written: “Those who say: Withdraw [kerav] to yourself, come not near to me, for I am holier than you” (Isaiah 65:5), where “kerav” means remove or withdraw. § Having mentioned that it is prohibited for a man to engage in intercourse with a woman near the expected date of her menstruation, the Gemara cites a baraita in which the Sages taught: The verse with regard to a menstruating woman states: “And shall you separate the children of Israel from their uncleanness” (Leviticus 15:31), Rabbi Yoshiya says: From here we derive a prohibition to the children of Israel that they must separate from their wives near the expected date of their menstruation. And how long before must they separate? Rabba says: A set interval of time for the ritual impurity of a menstruating woman, which is half of a twenty-four hour day, either the daytime or the nighttime. Rabbi Yoḥanan says in the name of Rabbi Shimon ben Yoḥai: With regard to anyone who does not separate from his wife near the expected date of her menstruation, even if he has sons who are fit to be great and holy like the sons of Aaron, these sons will die due to his sin, as it is written: “And shall you separate the children of Israel from their uncleanness…this is the law…of her that is sick with her menstrual flow” (Leviticus 15:31–33), and it is stated near it: “After the death of the two sons of Aaron” (Leviticus 16:1). Concerning this matter, Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: Anyone who separates himself from his wife near the expected date of her menstruation will have male children, as it is written: “To distinguish between the impure and the pure” (Leviticus 11:47), and it is stated near it: “If a woman conceive and bear a male child” (Leviticus 12:2). Rabbi Yehoshua ben Levi says: He will have sons who are worthy of teaching halakha, as it is written: “To distinguish…between the impure and the pure, and to teach the children of Israel all the statutes” (Leviticus 10:10–11). The Gemara continues to expound these verses: Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: Anyone who recites havdala over wine at the conclusion of Shabbatot, and not over some other beverage, will have male children, as it is written: “To distinguish between the holy and the unholy, and between the impure and the pure” (Leviticus 10:10), and it is written there once again: “To distinguish between the impure and the pure” (Leviticus 11:47), and it is stated near it: “If a woman conceive and bear a male child” (Leviticus 12:2). Rabbi Yehoshua ben Levi says: Anyone who recites havdala over wine at the conclusion of Shabbatot will have sons who are worthy of teaching halakha, as it is written: “To distinguish between the holy and the unholy…and to teach” (Leviticus 10:10–11). Rabbi Binyamin bar Yefet says that Rabbi Elazar says: Anyone who sanctifies himself with modest conduct while engaging in sexual intercourse will have male children, as it is stated: “You shall sanctify yourselves, and you shall be holy” (Leviticus 11:44), and it is stated near it: “If a woman conceive and bear a male child” (Leviticus 12:2). § The mishna teaches: Rabbi Eliezer says: With regard to the sliding-scale offering the verse states: “Or if a person touches any impure thing, whether it is the carcass of a non-kosher undomesticated animal, or the carcass of a non-kosher domesticated animal, or the carcass of a non-kosher creeping animal, and it is hidden from him, so that he is impure” (Leviticus 5:2). The juxtaposition of the words “and it is hidden” to the words “a creeping animal” teaches that one is liable to bring a sliding-scale offering when it was hidden from him that he had contracted ritual impurity from a creeping animal, but not when it was hidden from him that he was entering the Temple or partaking of sacrificial food. Rabbi Akiva says that it is from the words “and it is hidden from him, so that he is impure” that it is derived that one is liable to bring a sliding-scale offering for a lapse of awareness about his impurity, but not for a lapse of awareness about the Temple or the sacrificial food. The Gemara asks: Since Rabbi Eliezer and Rabbi Akiva agree about the halakha, what is the practical difference between them? Ḥizkiyya says: There is a practical difference between them in a case where one initially knew that he had contracted ritual impurity, but he did not know whether the impurity was contracted from a creeping animal or from the carcass of an unslaughtered animal. Rabbi Eliezer holds that for him to be liable to bring an offering, we require that he initially know whether he contracted impurity from a creeping animal or he contracted impurity from an unslaughtered animal carcass, and if he never knew this, he does not bring an offering. And Rabbi Akiva holds that for him to be liable to bring an offering, we do not require that he know this detail; since he knows in general terms that he contracted impurity, it is not necessary that one know whether he contracted the impurity from a creeping animal or he contracted the impurity from an unslaughtered animal carcass. And Ulla also says: There is a practical difference between them in a case where the person did not know whether he contracted impurity from a creeping animal or from the carcass of an unslaughtered animal. Ulla did not say this explicitly, but rather he raises a contradiction between this statement of Rabbi Eliezer and another statement of Rabbi Eliezer, and then resolves it. He asked: Does Rabbi Eliezer actually say that in order to be liable to bring a sliding-scale offering, we require that one initially know whether he contracted impurity from a creeping animal or he contracted impurity from an unslaughtered animal carcass? And he raises a contradiction from a baraita with regard to one who ate a forbidden food but did not know whether it was forbidden fat or it was notar, part of a sacrifice left over after the time allotted for its consumption; or one who performed labor but did not know whether it was Shabbat or Yom Kippur; or one who engaged in intercourse but did not know whether it was with his menstruating wife or with his sister. In all these cases Rabbi Eliezer holds that he must bring a sin-offering, whereas Rabbi Yehoshua deems him exempt. Rabbi Eliezer says: Whichever way you look at it, he is liable. If he ate forbidden fat he is liable; if he ate notar he is liable. If he desecrated Shabbat he is liable; if he desecrated Yom Kippur he is liable. If he engaged in intercourse with his menstruating wife, he is liable; if he engaged in intercourse with his sister, he is liable. In all these cases, he knows that he transgressed, and he is liable to bring a sin-offering. Rabbi Yehoshua said to Rabbi Eliezer: The verse states with regard to a sin-offering: “Or if his sin, in which he sinned, became known to him” (Leviticus 4:23), teaching that there is no liability for an offering until it becomes known to the sinner the manner in which he sinned. According to this baraita, Rabbi Eliezer himself holds that in order to become liable to bring a sin-offering, it is not necessary that one know precisely which prohibition he violated. And Ulla resolves the contradiction: There, with regard to liability to bring a sin-offering, the Merciful One states: “Or if his sin, in which he sinned, became known to him, he shall bring his offering” (Leviticus 4:23), teaching that it suffices that he knows that he committed some type of sin. Here, with regard to ritual impurity in the Temple, since it is written at the beginning of the verse: “Or if a person touches any impure thing” (Leviticus 5:2), why do I need that which is stated immediately afterward: “Or the carcass of a non-kosher creeping animal”? Conclude from it that we require that he initially know whether he contracted impurity from a creeping animal or he contracted impurity from an unslaughtered animal carcass, and if he never knew this, he does not bring an offering. The Gemara asks: And Rabbi Akiva, who does not expound the verses in this way, what does he say to this? The Gemara answers: He maintains that since
מגיד משנה על הרמב"ם שם:
מצות עשה מן התורה וכו' – מדברי רבינו נראה בביאור שהוא סובר שההבדלה ג"כ דבר תורה והכל בכלל זכור. וראיתי המפרשים ז"ל חלוקים בזה יש סוברים כדברי רבינו ואף על גב דבגמרא פ' ערבי פסחים (דף קו) אין שם אלא זכרהו על היין בכניסתו אין לי אלא בלילה וכו' מ"מ ילפינן ליה מדכתיב ולהבדיל כמ"ש פרק ידיעות הטומאה (שבועות יח ע"ב) ולשון מכילתא זכור את יום השבת קדשהו בברכה ובביאור אמר זכרהו על היין ואמרו גם כן קדשהו בכניסתו וקדשהו ביציאתו. וי"א שההבדלה אינה אלא מד"ס אבל הקידוש הוא דבר תורה. ודע שלדברי הכל אחד אנשים ואחד נשים חייבין הם בקידוש היום ומימרא מפורשת היא נשים חייבות בקידוש היום דבר תורה. ונפקא לן מזכור ושמור והבדלה נמי אם היא דבר תורה נפקא לן חיובא דנשים מהתם ואם היא מדבריהם דומיא דקידוש תקנוה ורבינו ז"ל סתם כאן וכיון שלא הזכיר בהן פטור מכלל שהן חייבות ופרק יב מהלכות עבודת כוכבים ומזלות וחקותיהם כתב רבינו וכל מצות עשה שהיא מזמן לזמן ואינה תדירה נשים פטורות חוץ מקידוש היום ואכילת מצה בלילי פסחים ואכילת פסח והקהל ושמחה שאף הנשים חייבות ע"כ ונסח הקידוש ידוע הוא. ונוסח ההבדלה נחלקו בו שם פ' ערבי פסחים (דף קג–קד) והעלו בגמרא כדברי רבינו. וזה מוסכם.
בשבילי השבת כח, ו:
ועיי"ש בטור שנחלקו הראשונים אם די באמירת המבדיל בין קודש לחול בלי ברכה כדי להתיר במלאכה או שצריכים דוקא ברכה בשם ומלכות וכן נחלקו במי שהבדיל בתפלה אם מותר לו לעשות מלאכה קודם שיבדיל... ויש לומר שהדבר תלוי בשני הלימודים שביארנו לעיל לדעת הרמב"ם שהבדלה מה"ת נלמדת זכור אם כן דינה צריך להיות כקידוש שהוא על היין ולכן אין די בהבדלה בתפלה... אבל אם הלימוד הוא מלהבדיל אין הכרח שההבדלה צריכה להיות דוקא על הכוס וגם אין הכרח לומר שצריכה דוקא שם ומלכות אלא העיקר הוא שתהיה הבדלה בין קודש לחול ודי בזה.
איך אפשר להסביר את המחלוקת על פי דברינו לעיל?
שבות
וכבדתו מעשות דרכיך, וכבדתו - שלא יהא מלבושך של שבת כמלבושך של חול. וכי הא דרבי יוחנן קרי למאניה מכבדותי. מעשות דרכיך - שלא יהא הילוכך של שבת כהילוכך של חול. ממצוא חפצך - חפציך אסורין, חפצי שמים מותרין. ודבר דבר – שלא יהא דבורך של שבת כדבורך של חול . דבור - אסור, הרהור - מותר. בשלמא כולהו - לחיי, אלא שלא יהא הילוכך של שבת כהילוכך של חול מאי היא? כי הא דאמר רב הונא אמר רב, ואמרי ליה אמר רבי אבא אמר רב הונא: היה מהלך בשבת ופגע באמת המים, אם יכול להניח את רגלו ראשונה קודם שתעקר שניה - מותר, ואם לאו - אסור. מתקיף לה רבא: היכי ליעביד? ליקף - קמפיש בהילוכא, ליעבר - זימנין דמיתווסן מאני מיא, ואתי לידי סחיטה! אלא: בהא, כיון דלא אפשר - שפיר דמי. אלא: כדבעא מיניה רבי מרבי ישמעאל ברבי יוסי: מהו לפסוע פסיעה גסה בשבת? אמר לו: וכי בחול מי הותרה? שאני אומר: פסיעה גסה נוטלת אחד מחמש מאות ממאור עיניו של אדם. ומהדר ליה בקידושא דבי שמשי.
that one of the knots one voids, because he can enable the animal to go out, albeit with difficulty, after untying one knot, therefore, it teaches us that both are considered temporary knots, and it is permitted to tie them. Rav Yosef said that Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. Abaye said to Rav Yosef: If you rule the halakha in accordance with his opinion, does that mean, by inference, that the Rabbis disagree, or perhaps is there no dispute and everyone accepts the opinion of Rabbi Eliezer ben Ya’akov? Rav Yosef said to him: What difference is there to you whether or not the Rabbis disagree? In either case, the halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. Abaye answered Rav Yosef using a folk expression: Is it simply learn the lesson, let it be like a song? In other words, is it sufficient to simply parrot the halakhic ruling? Rather, it is necessary to examine the issue to understand it, even if it does not yield a practical halakhic difference. MISHNA: One may tie a bucket with a belt on Shabbat, as he will certainly not leave it tied to the bucket, and therefore it is not a permanent knot. But one may not tie a bucket with a rope. Rabbi Yehuda permits doing so. Rabbi Yehuda stated a principle: With regard to any knot that is not permanent, one is not liable for tying it. GEMARA: We learned in the mishna that according to the first tanna, it is prohibited to tie a rope to a bucket on Shabbat, and Rabbi Yehuda permits doing so. The Gemara asks: A rope of what kind? If you say it is referring to a standard rope, does Rabbi Yehuda permit doing so? It is a permanent knot. Rather, it is referring to a weaver’s rope; since the weaver needs it for his work, he will untie it after Shabbat. The Gemara asks: Is that to say that the Rabbis hold that we issue a decree prohibiting a weaver’s rope due to a standard rope, and Rabbi Yehuda holds that we do not issue a decree? The Gemara raises a contradiction from that which was taught in a baraita: With regard to the rope of a bucket that was severed on Shabbat, one may not tie it with a regular knot; rather, he may tie a bow. And Rabbi Yehuda says: One may wrap a hollow belt around it or a sash as long as he does not tie it into a bow. This is difficult, as there is a contradiction between one statement of Rabbi Yehuda and another statement of Rabbi Yehuda, as in the baraita he issued a decree prohibiting tying a bow due to tying a knot, and in the mishna he issued no decree. And this is also difficult, as there is a contradiction between one statement of the Rabbis and another statement of the Rabbis, as in the baraita they do not issue a decree and in the mishna they do issue a decree. The Gemara responds: The contradiction between one statement of the Rabbis and the other statement of the Rabbis is not difficult, as they are of the opinion that a rope may be confused with another rope. Therefore, the Rabbis issued a decree prohibiting a weaver’s rope, because if it were permitted one might mistakenly come to tie a standard rope. However, a bow is not confused with a knot, and therefore they did not issue a decree prohibiting a bow. The contradiction between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda is not difficult, as there, where he prohibited tying a bow, it is not because a bow may be confused with a knot, but because, in his opinion, a bow itself is a full-fledged knot and is not prohibited due to a decree. Rabbi Abba said that Rav Ḥiyya bar Ashi said that Rav said: A person may bring a rope from inside his house on Shabbat and tie one end of it to a cow and the other end to a trough. That is not considered a permanent knot, because he will certainly untie the rope. Rabbi Aḥa Arikha, who was nicknamed Rabbi Aḥa the Long, due to his height, who is also called Rabbi Aḥa bar Pappa, raised an objection to Rabbi Abba from the baraita: With regard to a rope that is tied to the trough, one may tie it to a cow, and a rope that is tied to the cow one may tie it to a trough, provided that one does not bring a rope from inside his house and tie it to the cow and to the trough. The Gemara answers: There, where they permitted it, it is referring to a weaver’s rope, which will certainly be untied. Rav Yehuda said that Shmuel said: A weaver’s tools may be moved on Shabbat. They raised a dilemma before Rav Yehuda: What is the ruling with regard to the upper beam and the lower beam of the weaver’s loom? Does this leniency apply to them? Rav Yehuda did not provide a clear answer. He said: Yes and no, and the matter was uncertain to him. It was stated: Rav Naḥman said that Shmuel said: A weaver’s tools may be moved on Shabbat, even the upper beam and the lower beam, but not the posts. Rava said to Rav Naḥman: What is different about the posts that one may not carry them? If we say it is because one makes holes when removing the post from the ground, holes come into being on their own and that is not prohibited, as we learned in a mishna: With regard to one who stores a turnip or radish in the ground beneath a vine for safekeeping, if some of its leaves were exposed, making it possible to grab the turnip or the radish and pull it out of the ground, he need not be concerned, neither due to diverse kinds, i.e., that he violated the prohibition of planting food crops in a vineyard, as there was no intent to plant them, nor due to concern that he violated the prohibition against working the land during the Sabbatical Year, nor due to tithes, i.e., that it would be considered as if he picked it from the ground and would be obligated to tithe it, and they may be taken from the ground on Shabbat. Apparently, the Rabbis do not prohibit doing so due to concern that one will thereby create a hole. Rav Naḥman answered him: The cases are not comparable. In a field one will not come to fill holes; however, here, where the holes are created in the house, the concern is that one may come to smooth out the holes. Therefore, the Rabbis prohibited it. Rabbi Yoḥanan raised a dilemma before Rabbi Yehuda bar Liva’ei: With regard to weaver’s tools, such as the upper beam and the lower beam of the loom, what is the ruling in terms of carrying them on Shabbat? Rabbi Yehuda said to him: One may not carry them. Rabbi Yoḥanan asked him: What is the reason for this? Rabbi Yehuda bar Liva’ei answered: Because they are not usually carried even during the week, as they are extremely heavy and are considered fixed in place. Therefore, the Sages prohibited carrying them on Shabbat. MISHNA: One may fold the garments after removing them even four or five times, and one may make the beds from Shabbat evening in preparation for Shabbat day, but not from Shabbat in preparation for the conclusion of Shabbat, since one may not perform an action on Shabbat that is preparation for a weekday. Rabbi Yishmael says: One may fold the garments and make the beds from Yom Kippur in preparation for Shabbat if Yom Kippur occurs on Friday. And the fats of the offerings that were sacrificed on Shabbat are offered on Yom Kippur, but not those of Yom Kippur on Shabbat, because the sanctity of Shabbat is greater than the sanctity of Yom Kippur. Rabbi Akiva says: Neither are the fats of the offerings sacrificed on Shabbat offered on Yom Kippur, nor are those of Yom Kippur offered on Shabbat. GEMARA: The Sages in the school of Rabbi Yanai said: They only taught that it is permitted when one person is folding the garments alone on Shabbat; however, when two people are folding the garments together, no, they may not do so, because when two people fold garments it is tantamount to repairing the garment. And with regard to when a single person is folding the garments, we only said it is permitted when he is folding a new garment, which is suitable to be worn even if it were not folded; however, with regard to old garments, no, he may not do so. And with regard to new garments, we only said that one may fold the garments when they are white; however, when they are colored, no, one may not do so. And with regard to white garments, we only said it is permitted to fold them on Shabbat when one does not have garments into which one could change; however, if one has other garments into which he could change, he may not fold them. And it was taught in the Tosefta: The members of Rabban Gamliel’s household did not even fold their white garments because they had others into which they could change. Rav Huna said: If one has new garments into which he could change on Shabbat, he will change into those garments; and if one does not have garments into which he could change, he lets his garments hang down before Shabbat to beautify himself in deference to Shabbat as it used to be the custom of wealthy people to wear their clothes loosely. Rav Safra strongly objects to this: Doesn’t this appear as haughtiness? The Gemara answers: Since every day he does not do so, and now in honor of Shabbat he is doing so, it does not appear as haughtiness. Rather it is apparent that he is acting in deference to Shabbat. On a related note, the Gemara cites what we learned with regard to the following passage: “If you keep your feet from breaking, from pursuing your affairs on My holy day, and you call Shabbat a delight, the Lord’s holy day honorable, and you honor it by not going your own way, from attending to your affairs and speaking idle words” (Isaiah 58:13). The Rabbis derived from the words “and you honor it” that your dress on Shabbat should not be like your dress during the week, as Rabbi Yoḥanan would refer to his clothing as my honor, indicating that appropriate clothing is a form of deference. The words “going your own way” mean that your walking on Shabbat should not be like your walking during the week. “From attending to your affairs” means it is prohibited to deal with your weekday affairs and to speak about them on Shabbat. However, affairs of Heaven, i.e., those pertaining to mitzvot, are permitted. “And speaking idle words” means that your speech on Shabbat should not be like your speech during the week, i.e., one should not discuss his weekday affairs on Shabbat. However, it is only speech that they said is prohibited, whereas merely contemplating weekday affairs is permitted. The Gemara asks: Granted, all of these directives, fine, they are understood. However, what is the meaning of the following phrase: That your walking on Shabbat should not be like your walking during the week? The Gemara answers: It is in accordance with that which Rav Huna said that Rav said, and some say that Rabbi Abba said that Rav Huna said: If one were walking on Shabbat and came upon a stream of water and had to cross it, if the stream is narrow and one could place his first foot down on the other side before raising the second one, it is permitted to cross it; and if it is not possible and one must jump to cross it, it is prohibited. That is the type of walking that is not permitted on Shabbat. Rava strongly objects to this: Since we have said that one’s walking on Shabbat should not be like his walking during the week, and jumping constitutes prohibited walking, if one encounters a stream on Shabbat, what should he do to cross to the other side? If he circumvents the stream, he is increasing the distance that he is walking and exerting extra effort on Shabbat. If he walks through the water, sometimes his clothes will absorb water and he will come to wring them out. What then should he do? Rather, in this case, since it is not possible to cross any other way, he may well cross it, i.e., it is permitted for him to jump over the stream. Therefore, rather say that walking that is defined as characteristic of weekday walking involves taking large steps. As Rabbi Yehuda HaNasi raised a dilemma before Rabbi Yishmael, son of Rabbi Yosei: What is the ruling with regard to taking large steps on Shabbat? That is what the Gemara meant when it used the phrase: Your walking during the week. Rabbi Yishmael said to him: And during the week are large steps permitted? As I say: A large step takes away one five-hundredth of a person’s eyesight. The Gemara comments: And his eyesight is restored to him during kiddush on Shabbat evening. And Rabbi Yehuda HaNasi raised a dilemma before Rabbi Yishmael, son of Rabbi Yosei: What is the ruling with regard to eating earth for medicinal purposes on Shabbat? Rabbi Yishmael said to him: And during the week is it permitted to eat soil? As I say: Even during the week it is prohibited because it is harmful. Rabbi Ami said: Anyone who eats the dust of Babylonia, it is as if he is eating the flesh of his ancestors buried there. And some say: It is as if he eats abominations and creeping creatures, as it is written: “And He wiped out all that existed on the face of the earth, from humans to animals, to creeping creatures to the birds in the sky, and they were wiped off the land” (Genesis 7:23). Apropos dead residue in the ground, Reish Lakish said: Why is Babylonia called Shinar? It is because all those who died in the Flood were deposited there [ninaru lesham]. Rabbi Yoḥanan said: Why is Babylonia called Metzula? It is because all those who died in the Flood sank there [nitztalelu lesham]. The Gemara asks: We said that some say that if one eats dirt from Babylonia, it is as if he eats abominations and creeping creatures. However, certainly their bodies have putrefied and decomposed, and therefore they are no longer prohibited. Rather, since soil is harmful, the Sages issued a decree not to eat it. The decree was not issued due to the prohibition of eating creeping creatures; rather, it was issued because a certain person ate soil for medicinal purposes and also ate cress. The cress took root in the soil that was inside him and began to grow. And the cress punctured his heart and he died. The Gemara continues to discuss Shabbat. Naomi advised Ruth: “And you shall bathe, and anoint yourself, and put on your robes, and go down to the threshing floor. Do not make yourself known to the man until he has finished eating and drinking” (Ruth 3:3). Rabbi Elazar said: These robes are Shabbat garments that Naomi told her to wear in honor of the occasion. Apropos the book of Ruth, the Gemara cites additional statements of Rabbi Elazar with regard to Ruth: “Give to the wise one and he will become wiser; let the righteous one know and he will learn more” (Proverbs 9:9). Rabbi Elazar said: This refers to Ruth the Moabite and Samuel of Rama, who received advice and added to it with their wisdom. The Gemara elaborates. Whereas Naomi said to Ruth: “And you shall bathe, and anoint yourself, and put on your robes, and go down to the threshing floor,” but with regard to Ruth herself it is written, “And she went down to the threshing floor” (Ruth 3:6), and only afterward does it say, “And she did according to all that her mother-in-law commanded her.” Ruth decided to anoint herself at the threshing floor and not on the road so that people would not meet her on the way there and suspect her of immorality. Whereas Eli said to Samuel: “Go and lie down and if He calls you, you say: Speak, Lord, for Your servant is listening” (I Samuel 3:9), but with regard to Samuel himself it is written: “And the Lord came and stood, and He called like He did the other times: Samuel, Samuel. And Samuel said: Speak, for Your servant is listening” (I Samuel 3:10), and he did not say: Speak, Lord, since he would not assume it was God speaking to him until he was sure of it. And the verse in Ruth states: “And she went, and she came, and she collected in the field after the harvesters” (Ruth 2:3). Rabbi Elazar said: This verse teaches that she went and came, went and came, until she found suitable people with whom to walk. It also says: “And Boaz said to his youth who was standing over the harvesters: To whom does this young woman belong?” (Ruth 2:5). This is surprising: And was it Boaz’s habit to inquire about a young woman? Rabbi Elazar said: He saw in her a matter of wisdom and Torah, and that is why he asked about her. What he saw was that she collected two stalks, but she did not collect three stalks. She thereby acted in accordance with the halakha that three stalks lying together are not considered to be gleanings left for the poor; rather, they remain in the possession of the owner of the field. It was taught in a baraita: He saw a matter of modesty in her when she was collecting stalks. She picked stalks that were upright while she was standing, and stalks that had fallen she picked while sitting; due to her modesty she did not bend over to take them. It also says: “And Boaz said to Ruth: Do you hear, my daughter? Do not go to glean in another field and do not leave from here, but cling to my maidens” (Ruth 2:8). This is also surprising. And was it Boaz’s habit to cling to women? Rabbi Elazar said: Since he saw “And Orpah kissed her mother-in-law and Ruth clung to her” (Ruth 1:14), he said: It is permitted to cling to a woman like this. It also says: “And Boaz said to her at mealtime: Come here [halom] and eat from the bread and dip your bread in vinegar. And she sat beside the harvesters and he gave her roasted grain and she ate, and she was satiated, and she left some over” (Ruth 2:14). Rabbi Elazar interpreted this and said that he hinted to her prophetically: In the future the kingdom of David will come from you, as it is written with regard to it, i.e., the kingdom of David: “Here,” as it is stated: “And King David came and sat before God and said: Who am I, Lord, God, and who is my family that You have brought me to here [halom]?” (II Samuel 7:18). With regard to his saying: “And dip your bread in vinegar” (Ruth 2:14), Rabbi Elazar said: From here we see that vinegar is good to have in hot weather. Rabbi Shmuel bar Naḥmani said that he hinted to her: A son will come from you in the future whose actions will be as sharp as vinegar, and who is he? King Manasseh. “And she sat beside the harvesters.” Rabbi Elazar said with regard to this: Beside the harvesters, and not among the harvesters. He hinted to her that the kingdom of David will be divided in the future and her children will not always be in the center of Israel. It also says in the verse: “And he gave her roasted grain and she ate, and she was satiated, and she left some over.” The Gemara explains: “And he gave her roasted grain and she ate”; this is also interpreted as a prophetic message. Rabbi Elazar said: “And she ate” was fulfilled by her children’s children in the days of David; “And she was satiated” was fulfilled in the days of Solomon; “And she left some over” was fulfilled in the days of Hezekiah. And some say that there is a different interpretation: “And she ate,” was fulfilled in the days of David and Solomon; “And she was satiated,” was fulfilled in the days of Hezekiah; “And she left some over” was fulfilled in the days of Rabbi Yehuda HaNasi. As the Master said: Rabbi Yehuda HaNasi’s horsekeeper [ahuriyarei] was richer than the king of Persia. It was taught in a baraita: “And she ate,” in this world; “and she was satiated,” in the days of the Messiah; “and she left some over,” in the future, at the end of days. It was mentioned earlier that Rabbi Yoḥanan called his clothing his honor. The Gemara cites the interpretation of the verse that speaks about the downfall of the king of Assyria: “Therefore, the Lord, the Lord of hosts, will send leanness to his fat ones and under his honor He will burn a burning like a burning fire” (Isaiah 10:16).
Rabbi Yoḥanan said: “And under his honor,” but not his actual honor. The Gemara explains: Rabbi Yoḥanan follows his own reasoning, for he called his clothing my honor, which means that the bodies of the king of Assyria’s soldiers were burned. However, their garments were miraculously not burned. Rabbi Elazar said: “And under his honor” means in place of his actual honor. That is to say, their bodies were burned. Since, in Rabbi Elazar’s opinion, the word under means in the place of, the verse accordingly means that in the place of his honor, i.e., the body, there remain ashes.
Rabbi Shmuel bar Naḥmani said: Under his honor means beneath his flesh, similar to the burning of the sons of Aaron. Just as there, i.e., the burning of Aaron’s sons, the soul burned while the body remained intact, so too here, i.e., the burning of Assyrian soldiers, the soul burned while the body remained intact. Rabbi Aḥa bar Abba said that Rabbi Yoḥanan said:
דיבור
מותר לאדם לומר לפועל הנראה שתעמוד עמי לערב, אבל לא יאמר לו היה נכון לי לערב שנמצא עושה חפצו בשבת. ואסור לרוץ ולדלג בשבת שנאמר מעשות דרכיך שלא יהא הלוכך של שבת כהלוכך של חול. ויורד אדם לבור ושיח ומערה אפילו הן מאה אמה ומטפס ויורד ושותה ומטפס ועולה, ואסור להרבות בשיחה בטלה בשבת שנאמר ודבר דבר, שלא יהא דבורך של שבת כדבורך של חול.
It is permitted for a person to tell a worker whom he sees [on the Sabbath], "Stand near me in the evening."12Although both the employer and the employee understand the implication, since the employer is not making a direct statement - but merely an allusion - this is permitted. The Maggid Mishneh associates this with the concept mentioned at the conclusion of the first halachah: speaking about forbidden matters is prohibited, but not thought. Since no forbidden matters are discussed, the fact that they are implied is of no consequence. One may not, however, tell him, "Be prepared for me in the evening," since by doing so," the person is attending to his wants on the Sabbath.
It is forbidden to run and jump on the Sabbath, as [Isaiah, loc. cit.] states, "[Refraining] from following your [ordinary] ways" - i.e., the manner in which you walk on the Sabbath should not resemble the manner in which you walk during the week. A person may, however, descend to a cistern, pit, or cave, even if they are 100 cubits deep, climb down to drink and then climb up.
It is forbidden to speak extensively about idle matters, as it is written [ibid.], "...speaking about [mundane] matters" - i.e., the manner in which you speak on the Sabbath should not resemble the manner in which you speak during the week.13The Ramah (Orach Chayim 307:1) mentions that a person who enjoys talking about news and matters of this nature may engage in such discussions on the Sabbath, since this brings him pleasure. Needless to say, Torah scholars are encouraged to direct their attention to loftier matters (Shulchan Aruch HaRav 307:2).
מגיד משנה שם ד"ה 'ואסור להרבות':
ואסור להרבות בשיחה וכו' – באלו קשרים (שבת קיג ע"ב), שלא יהא דבורך של שבת כדבורך של חול. ופירש"י ז"ל כגון מקח וממכר וחשבונות והקשו עליו דהני ממצוא חפצך נפקא. אבל בירושלמי מפורש שאפילו שיחה בטלה להרבות אסור, ששם אמרו א"ר חייא בר בא רשב"י כד הוה חמי לאימיה משתעיא סגין הוה א"ל אימא שבתא היא, וזה דעת הרמב"ן והרשב"א ז"ל וכדברי רבינו.
שו"ת תרומת הדשן סימן סא:
אמנם אם אותם בני אדם מתענגים בכך, כשמדברים ומספרים שמועות מהמלכים ושרים ומלחמותיהם וכה"ג, כדרך הרבה בני אדם שמתאוים לכך, נראה דודאי שרי.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?
(רמז: האם מחשש למלאכה או כדי לרומם את האדם?)
חישוב חשבונות
ואמר רבה בר בר חנה אמר רבי יוחנן: מאי טעמא דרבי יהושע בן קרחה - דכתיב ממצוא חפצך ודבר דבר; דיבור - אסור, הרהור - מותר.
...ודיבור מי אסיר? והא רב חסדא ורב המנונא דאמרי תרוייהו: חשבונות של מצוה - מותר לחשבן בשבת. ואמר רבי אלעזר: פוסקים צדקה לעניים בשבת. ואמר רבי יעקב בר אידי אמר רבי יוחנן: מפקחין פיקוח נפש ופיקוח רבים בשבת, והולכין לבתי כנסיות לפקח על עסקי רבים בשבת. ואמר רבי שמואל בר נחמני אמר רבי יוחנן: הולכין לטרטיאות ולקרקסאות ולבסילקאות לפקח על עסקי רבים בשבת. ותנא דבי מנשה: משדכין על התינוקות ליארס בשבת, ועל התינוק ללמדו ספר וללמדו אומנות. - אמר קרא ממצוא חפצך ודבר דבר, חפציך - אסורים, חפצי שמים - מותרין.
Measure and bring a lot of money, has ceased. And some say that the meaning of the statement is that this nation said: Bring very, very much, without measure. The Gemara cites another verse pertaining to Nebuchadnezzar: “And surpassing greatness was added unto me” (Daniel 4:33), about which Rav Yehuda said that Rav Yirmeya bar Abba said: This teaches that Nebuchadnezzar rode atop a male lion and tied a serpent to its head, fulfilling what was said of him: “And the beasts of the field I have also given him to serve him” (Jeremiah 27:6). MISHNA: A person may not hire workers on Shabbat to work for him after Shabbat because even speaking about weekday matters is prohibited on Shabbat. Similarly, a person may not tell another on Shabbat to hire workers for him. One may not even wait for nightfall at the edge of the Shabbat boundary in order to leave the boundary immediately after Shabbat to hire workers for himself or to bring produce from his field. But he may wait for nightfall at the edge of the Shabbat boundary in order to guard his produce that is outside the Shabbat boundary, and he may then bring produce back in his hand, since he did not initially intend to wait at the edge of the boundary for this purpose. Abba Shaul stated a general principle: With regard to anything that I am permitted to discuss on Shabbat, I am permitted to wait for nightfall at the edge of the Shabbat boundary for its sake. GEMARA: The beginning of the mishna taught that one may not hire workers on Shabbat, and one may not tell another to hire workers for him. The Gemara finds this puzzling and states: This is obvious. What is the difference between him and another? Just as he is prohibited from hiring workers on Shabbat, others are also prohibited from doing so. Rav Pappa said: Another is referring to a gentile. Rav Ashi strongly objects to this: This is itself a prohibition, for telling a gentile to do something that is prohibited for a Jew on Shabbat violates a rabbinic prohibition. Rather, Rav Ashi said: Even if you say that it is referring to another Jew, it can be said that the novel element of this ruling is not the statement itself but what can be derived from it. This is what it is teaching us: One may not say to another explicitly on Shabbat: Hire workers for me, but one may say to another: Does it seem that you will join me this evening? This is permitted even though both of them understand that the questioner intends to hire the other person to work for him. And in accordance with whose opinion is the mishna? It is in accordance with the opinion of Rabbi Yehoshua ben Korḥa; as it was taught in a baraita: A person may not say to another on Shabbat: Does it seem that you will join me this evening? Rabbi Yehoshua ben Korḥa says: A person may say to another on Shabbat: Does it seem that you will join me this evening? Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yehoshua ben Korḥa. And Rabba bar bar Ḥana said that Rabbi Yoḥanan said: What is the reason for Rabbi Yehoshua ben Korḥa’s ruling? As it is written in the verse from which we derive the prohibition to speak on Shabbat about activities that one may not perform on that day: “And you shall honor it by not doing your ways, nor pursuing your business, nor speaking of it” (Isaiah 58:13). We derive from this verse that speaking is prohibited, but merely contemplating these matters is permitted. Rav Aḥa bar Rav Huna raised a contradiction to Rava: Did Rabbi Yoḥanan really state as a general principle that speaking is prohibited, but contemplating is permitted? Consequently, we can derive from here that contemplation is not tantamount to speech. But Rabba bar bar Ḥana said that Rabbi Yoḥanan said: It is permitted to think about Torah in any place except for a bathhouse and a bathroom. This statement indicates that contemplation is tantamount to speech, as even thought is prohibited in these locations. The Gemara answers: It is different there, for with regard to Torah we need to fulfill the verse: “For the Lord your God walks in the midst of your camp to deliver you and to give your enemies before you; therefore, your camp shall be sacred so that He see no unseemly thing in you and turn away from you” (Deuteronomy 23:15); and the requirement to be sacred is not fulfilled if one thinks about Torah while in the bathhouse or bathroom. The Gemara challenges this: But here, too, with regard to a bathhouse and a bathroom, it is written: “So that He see no unseemly thing [davar] in you” (Deuteronomy 23:15). We can infer that this prohibits speech [dibbur] but not contemplation. The Gemara answers: That verse is not referring to speech. It is needed for the ruling of Rav Yehuda, for Rav Yehuda said: Opposite a naked gentile, it is prohibited to recite Shema, as this is included in the prohibition of unseemly things mentioned above. The Gemara asks: Why did Rav Yehuda teach this prohibition particularly with regard to a gentile? Even in the presence of a naked Jew, reciting Shema is also prohibited. The Gemara answers: That ruling is stated employing the style of: There is no need. The Gemara explains: There is no need to state this halakha with regard to a Jew, as it is certainly prohibited to recite Shema in the presence of a naked Jew. However, with regard to a gentile, since it is written about him: “Whose flesh is as the flesh of donkeys” (Ezekiel 23:20), perhaps his flesh is not considered nakedness, and one may say that it seems well and permitted. Therefore, Rav Yehuda teaches us that it is also prohibited to recite Shema before a naked gentile. The Gemara asks: Why not say that it is indeed so, that gentile flesh is not considered nakedness? The Gemara rejects this idea: The verse already said with regard to the sons of Noah: “And they walked backward and covered their father’s nakedness, and their faces were turned backward, and they did not see their father’s nakedness” (Genesis 9:23). The verse uses the term nakedness with regard to Noah, who was a gentile. The Gemara addresses the basis of the halakha mentioned above: And is it speaking about proscribed activities prohibited on Shabbat? But Rav Ḥisda and Rav Hamnuna both said: It is permitted to make calculations pertaining to a mitzva on Shabbat, and Rabbi Elazar said that this means that one may apportion charity for the poor on Shabbat. And Rabbi Ya’akov bar Idi said that Rabbi Yoḥanan said: One may attend to activities necessary for saving a life or for communal needs on Shabbat, and one may go to a synagogue to attend to communal affairs on Shabbat. And Rabbi Shmuel bar Naḥmani said that Rabbi Yoḥanan said: One may go to theaters [tarteiot], and circus performances [kirkesaot], and courthouses [basilkaot] to attend to communal affairs on Shabbat. And one of the Sages in the school of Menashe taught: One may make the necessary arrangements to pair off children so that they will be betrothed on Shabbat, and one may likewise make arrangements for a child by finding someone to teach him how to read books and to teach him a craft. If speaking about monetary matters is prohibited on Shabbat, how is it possible to participate in all these activities? The Gemara answers that although speaking about similar things is generally prohibited on Shabbat, it is permitted in these cases because the verse said: “Nor pursuing your business, nor speaking of it” (Isaiah 58:13), which indicates that your business matters are prohibited to speak of on Shabbat, but the business of Heaven, matters which have religious significance, is permitted to speak of. Rav Yehuda said that Shmuel said: With regard to calculations of: What is it to you, [mallakh], calculations that are in no way relevant to the person making them, and of: What significance does it have [ma bekhakh], calculations that do not have any practical significance, it is permitted to make them on Shabbat. This was also taught in the Tosefta: Calculations with regard to matters that have passed or that will be in the future may not be calculated on Shabbat. However, with regard to calculations of: What is it to you,
ממצוא חפצך - כי ההוא דאמרינן בעירובין (לח ע"ב): לא יטייל אדם לסוף שדהו בשבת לידע מה היא צריכה [אחר השבת].
שלא יהא דבורך של שבת כדבורך של חול - כגון מקח וממכר וחשבונות.
אסור לחשב חשבונות שהוא צריך להן בשבת, בין שעבר בין שעתיד להיות, גזירה שמא יכתוב. לפיכך חשבונות שאין בהן צורך מותר לחשבן. כיצד? כמה סאין תבואה היה לנו בשנה פלונית, כמה דינרין הוציא בחתנות בנו וכיוצא באלו, שהן בכלל שיחה בטילה שאין בהן צורך כלל, המחשב אותן בשבת כמחשב בחול.
On the Sabbath a person is forbidden to calculate accounts that he requires, whether concerning matters of the past or matters of the future. [This is] a decree, [enacted] lest one write.
Therefore, calculations that are of no practical benefit may be performed on the Sabbath. What is implied? [A person may calculate] how many seah of grain he possessed in a particular year, how many dinarim his son's wedding cost, or the like. [Since] these are insignificant matters with no usefulness, there is no difference between making these calculations on the Sabbath or during the week.91See, however, Chapter 24, Halachah 4, which states that one should minimize one's involvement in such idle matters on the Sabbath. Indeed, as is evident from the Rambam's Commentary on the Mishnah (Avot 1:16) and Hilchot De'ot 2:4, the Rambam frowns on such conversation during the week as well. To quote Hilchot Gezeilah 6:11: "It is not for a person to spend any of his days involved in anything other than the words of wisdom and the matters that lead to the settlement of the world."
אסרו חכמים לטלטל מקצת דברים בשבת כדרך שהוא עושה בחול. ומפני מה נגעו באיסור זה? אמרו ומה אם הזהירו נביאים וצוו שלא יהיה הילוכך בשבת כהילוכך בחול ולא שיחת השבת כשיחת החול, שנאמר ודבר דבר, קל וחומר שלא יהיה טלטול בשבת כטלטול בחול, כדי שלא יהיה כיום חול בעיניו ויבוא להגביה ולתקן כלים מפינה לפינה או מבית לבית או להצניע אבנים וכיוצא בהן, שהרי הוא בטל ויושב בביתו ויבקש דבר שיתעסק בו, ונמצא שלא שבת ובטל הטעם שנאמר בתורה למען ינוח.
The Sages forbade the carrying of certain objects on the Sabbath in the same manner as [one carries] during the week. Why was this prohibition instituted?46In this and in the following halachah, the Rambam sets the conceptual basis for the prohibitions described as muktzeh. The particular laws that result from these principles are described in the following two chapters. [Our Sages] said: If the prophets warned that the manner in which a person walks on the Sabbath should not resemble the manner in which he walks during the week, and similarly, one's conversation on the Sabbath should not resemble one's conversation during the week, as it is written, "[refraining from]... speaking about [mundane] matters," surely the manner in which one carries on the Sabbath should not resemble the manner in which one carries during the week.
In this manner, no one will regard [the Sabbath] as an ordinary weekday and lift up and repair articles, [carrying them] from room to room, or from house to house, or set aside stones and the like. [These restrictions are necessary] for since the person is idle and sitting at home, [it is likely that] he will seek something with which to occupy himself. Thus, he will not have ceased activity and will have negated the motivating principle for the Torah's commandment [Deuteronomy 5:14], "Thus... will rest."47See the notes on the beginning of Chapter 21, which use this halachah as a support for the principle that the positive commandment to rest on the Sabbath is more than just a restatement of the negative commandment not to perform forbidden labor.
איך אפשר להסביר על פי הכיוונים דלעיל?
בגדי שבת
מתני'. מקפלין את הכלים אפילו ארבעה וחמשה פעמים. ומציעין את המטות מלילי שבת לשבת, אבל לא משבת למוצאי שבת. רבי ישמעאל אומר: מקפלין את הכלים, ומציעין את המטות מיום הכיפורים לשבת, וחלבי שבת קריבין ביום הכיפורים, אבל לא של יום הכיפורים בשבת. רבי עקיבא אומר: לא של שבת קריבין ביום הכיפורים, ולא של יום הכיפורים קריבין בשבת.
גמ'. אמרי דבי רבי ינאי: לא שנו אלא באדם אחד, אבל בשני בני אדם - לא, ובאדם אחד נמי - לא אמרן אלא בחדשים, אבל בישנים - לא. וחדשים נמי לא אמרן אלא בלבנים, אבל בצבועים - לא. ולא אמרן אלא שאין לו להחליף, אבל יש לו להחליף - לא. תנא: של בית רבן גמליאל לא היו מקפלין כלי לבן שלהן מפני שהיה להן להחליף. אמר רב הונא: אם יש לו להחליף - יחליף, ואם אין לו להחליף - ישלשל בבגדיו.
that one of the knots one voids, because he can enable the animal to go out, albeit with difficulty, after untying one knot, therefore, it teaches us that both are considered temporary knots, and it is permitted to tie them. Rav Yosef said that Rav Yehuda said that Shmuel said: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. Abaye said to Rav Yosef: If you rule the halakha in accordance with his opinion, does that mean, by inference, that the Rabbis disagree, or perhaps is there no dispute and everyone accepts the opinion of Rabbi Eliezer ben Ya’akov? Rav Yosef said to him: What difference is there to you whether or not the Rabbis disagree? In either case, the halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. Abaye answered Rav Yosef using a folk expression: Is it simply learn the lesson, let it be like a song? In other words, is it sufficient to simply parrot the halakhic ruling? Rather, it is necessary to examine the issue to understand it, even if it does not yield a practical halakhic difference. MISHNA: One may tie a bucket with a belt on Shabbat, as he will certainly not leave it tied to the bucket, and therefore it is not a permanent knot. But one may not tie a bucket with a rope. Rabbi Yehuda permits doing so. Rabbi Yehuda stated a principle: With regard to any knot that is not permanent, one is not liable for tying it. GEMARA: We learned in the mishna that according to the first tanna, it is prohibited to tie a rope to a bucket on Shabbat, and Rabbi Yehuda permits doing so. The Gemara asks: A rope of what kind? If you say it is referring to a standard rope, does Rabbi Yehuda permit doing so? It is a permanent knot. Rather, it is referring to a weaver’s rope; since the weaver needs it for his work, he will untie it after Shabbat. The Gemara asks: Is that to say that the Rabbis hold that we issue a decree prohibiting a weaver’s rope due to a standard rope, and Rabbi Yehuda holds that we do not issue a decree? The Gemara raises a contradiction from that which was taught in a baraita: With regard to the rope of a bucket that was severed on Shabbat, one may not tie it with a regular knot; rather, he may tie a bow. And Rabbi Yehuda says: One may wrap a hollow belt around it or a sash as long as he does not tie it into a bow. This is difficult, as there is a contradiction between one statement of Rabbi Yehuda and another statement of Rabbi Yehuda, as in the baraita he issued a decree prohibiting tying a bow due to tying a knot, and in the mishna he issued no decree. And this is also difficult, as there is a contradiction between one statement of the Rabbis and another statement of the Rabbis, as in the baraita they do not issue a decree and in the mishna they do issue a decree. The Gemara responds: The contradiction between one statement of the Rabbis and the other statement of the Rabbis is not difficult, as they are of the opinion that a rope may be confused with another rope. Therefore, the Rabbis issued a decree prohibiting a weaver’s rope, because if it were permitted one might mistakenly come to tie a standard rope. However, a bow is not confused with a knot, and therefore they did not issue a decree prohibiting a bow. The contradiction between one statement of Rabbi Yehuda and the other statement of Rabbi Yehuda is not difficult, as there, where he prohibited tying a bow, it is not because a bow may be confused with a knot, but because, in his opinion, a bow itself is a full-fledged knot and is not prohibited due to a decree. Rabbi Abba said that Rav Ḥiyya bar Ashi said that Rav said: A person may bring a rope from inside his house on Shabbat and tie one end of it to a cow and the other end to a trough. That is not considered a permanent knot, because he will certainly untie the rope. Rabbi Aḥa Arikha, who was nicknamed Rabbi Aḥa the Long, due to his height, who is also called Rabbi Aḥa bar Pappa, raised an objection to Rabbi Abba from the baraita: With regard to a rope that is tied to the trough, one may tie it to a cow, and a rope that is tied to the cow one may tie it to a trough, provided that one does not bring a rope from inside his house and tie it to the cow and to the trough. The Gemara answers: There, where they permitted it, it is referring to a weaver’s rope, which will certainly be untied. Rav Yehuda said that Shmuel said: A weaver’s tools may be moved on Shabbat. They raised a dilemma before Rav Yehuda: What is the ruling with regard to the upper beam and the lower beam of the weaver’s loom? Does this leniency apply to them? Rav Yehuda did not provide a clear answer. He said: Yes and no, and the matter was uncertain to him. It was stated: Rav Naḥman said that Shmuel said: A weaver’s tools may be moved on Shabbat, even the upper beam and the lower beam, but not the posts. Rava said to Rav Naḥman: What is different about the posts that one may not carry them? If we say it is because one makes holes when removing the post from the ground, holes come into being on their own and that is not prohibited, as we learned in a mishna: With regard to one who stores a turnip or radish in the ground beneath a vine for safekeeping, if some of its leaves were exposed, making it possible to grab the turnip or the radish and pull it out of the ground, he need not be concerned, neither due to diverse kinds, i.e., that he violated the prohibition of planting food crops in a vineyard, as there was no intent to plant them, nor due to concern that he violated the prohibition against working the land during the Sabbatical Year, nor due to tithes, i.e., that it would be considered as if he picked it from the ground and would be obligated to tithe it, and they may be taken from the ground on Shabbat. Apparently, the Rabbis do not prohibit doing so due to concern that one will thereby create a hole. Rav Naḥman answered him: The cases are not comparable. In a field one will not come to fill holes; however, here, where the holes are created in the house, the concern is that one may come to smooth out the holes. Therefore, the Rabbis prohibited it. Rabbi Yoḥanan raised a dilemma before Rabbi Yehuda bar Liva’ei: With regard to weaver’s tools, such as the upper beam and the lower beam of the loom, what is the ruling in terms of carrying them on Shabbat? Rabbi Yehuda said to him: One may not carry them. Rabbi Yoḥanan asked him: What is the reason for this? Rabbi Yehuda bar Liva’ei answered: Because they are not usually carried even during the week, as they are extremely heavy and are considered fixed in place. Therefore, the Sages prohibited carrying them on Shabbat. MISHNA: One may fold the garments after removing them even four or five times, and one may make the beds from Shabbat evening in preparation for Shabbat day, but not from Shabbat in preparation for the conclusion of Shabbat, since one may not perform an action on Shabbat that is preparation for a weekday. Rabbi Yishmael says: One may fold the garments and make the beds from Yom Kippur in preparation for Shabbat if Yom Kippur occurs on Friday. And the fats of the offerings that were sacrificed on Shabbat are offered on Yom Kippur, but not those of Yom Kippur on Shabbat, because the sanctity of Shabbat is greater than the sanctity of Yom Kippur. Rabbi Akiva says: Neither are the fats of the offerings sacrificed on Shabbat offered on Yom Kippur, nor are those of Yom Kippur offered on Shabbat. GEMARA: The Sages in the school of Rabbi Yanai said: They only taught that it is permitted when one person is folding the garments alone on Shabbat; however, when two people are folding the garments together, no, they may not do so, because when two people fold garments it is tantamount to repairing the garment. And with regard to when a single person is folding the garments, we only said it is permitted when he is folding a new garment, which is suitable to be worn even if it were not folded; however, with regard to old garments, no, he may not do so. And with regard to new garments, we only said that one may fold the garments when they are white; however, when they are colored, no, one may not do so. And with regard to white garments, we only said it is permitted to fold them on Shabbat when one does not have garments into which one could change; however, if one has other garments into which he could change, he may not fold them. And it was taught in the Tosefta: The members of Rabban Gamliel’s household did not even fold their white garments because they had others into which they could change. Rav Huna said: If one has new garments into which he could change on Shabbat, he will change into those garments; and if one does not have garments into which he could change, he lets his garments hang down before Shabbat to beautify himself in deference to Shabbat as it used to be the custom of wealthy people to wear their clothes loosely. Rav Safra strongly objects to this: Doesn’t this appear as haughtiness? The Gemara answers: Since every day he does not do so, and now in honor of Shabbat he is doing so, it does not appear as haughtiness. Rather it is apparent that he is acting in deference to Shabbat. On a related note, the Gemara cites what we learned with regard to the following passage: “If you keep your feet from breaking, from pursuing your affairs on My holy day, and you call Shabbat a delight, the Lord’s holy day honorable, and you honor it by not going your own way, from attending to your affairs and speaking idle words” (Isaiah 58:13). The Rabbis derived from the words “and you honor it” that your dress on Shabbat should not be like your dress during the week, as Rabbi Yoḥanan would refer to his clothing as my honor, indicating that appropriate clothing is a form of deference. The words “going your own way” mean that your walking on Shabbat should not be like your walking during the week. “From attending to your affairs” means it is prohibited to deal with your weekday affairs and to speak about them on Shabbat. However, affairs of Heaven, i.e., those pertaining to mitzvot, are permitted. “And speaking idle words”
ומכבוד השבת שילבש כסות נקיה, ולא יהיה מלבוש החול כמלבוש השבת. ואם אין לו להחליף משלשל טליתו כדי שלא יהא מלבושו כמלבוש החול. ועזרא תיקן שיהו העם מכבסים בחמישי מפני כבוד השבת.
Among the ways of honoring the Sabbath is wearing a clean garment.8See also the Sefer Chassidim (quoted in the Mishnah Berurah 262:6), which emphasizes that a person must also endeavor to keep his clothes clean. For example, he should not hold a child until he covers his clothes. One's Sabbath garments should not resemble one's weekday clothes. A person who does not have a different garment for the Sabbath should allow his robe to hang low,9As is the fashion of the wealthy. (See Hilchot De'ot 5:9.) so that his [Sabbath] clothing will not resemble the clothes he wears during the week.
Ezra ordained that the people launder their clothes on Thursday10But not on Friday, so that they will have time to engage in other Sabbath preparations (Magen Avraham 242:3). as an expression of honor for the Sabbath.
הררי קדם ג, פד:
ונראה מדברי הרמב"ם דשני הלכות נאמרו בדין לבישת הבגדים בשבת. א. שיהא לו כסות נקיה והוא מדיני כבוד השבת ללבוש בה בגד נאה ונקי. ב. שיהיה שינוי בבגדיו משבת לחול... ונפ"מ נראה דאם המנהג יהיה לילך במלבושים ארוכים ומשולשלים והוא ילך במלבושים קצרים... ועוד נראה נפ"מ בכל זה במש"כ החוות יאיר בספרו מקור חיים שצריך כל אחד שיהיה לו ג' מלבושים שונים אחד לשבת ויו"ט ואחד לחול ועוד מלבוש אחד לחוה"מ ור"ח חנוכה ופורים ולכל זמני השמחה... הקפידא היא שיהיה לו בגדים נאים... א"כ אין שום קפידא אם הוא לובש בגדים אלו בעוד זמנים מיוחדים. אולם לשיטת הרמב"ם דעיקר הקפידא היא שלא יהא מלבוש השבת מלבוש החול, כדי להבדילו ולקדשו משאר הימים.
איך אפשר להסביר את המחלוקת על פי הכיוונים דלעיל?