going out into the public domain with the wooden leg, since he does not consider it to have the legal status of a shoe.,
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
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
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.
since they have the legal status of shoes.
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,
in the sense that they cannot become ritually impure because they are not vessels,
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
go out, and Rabbi Yosei permits him to do so.
going out with it.
the opinions, Rabbi Meir permits going out and Rabbi Yosei prohibits doing so.
]. In that way, one remembers that Rabbi Yosei is the one who prohibits it.,The Gemara comments:
who said that the correct reading of the mishna is: An amputee may not, and Rabbi Yosei permits it,
his opinion.
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
doing so. Ultimately, Shmuel accepted Rav’s reading of the mishna.,
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
as the legal status of that sandal is that of a shoe.
Even Rav Huna accepted Rav’s reading of the mishna that Rabbi Yosei prohibits going out with a wooden leg.,
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
uses a wooden leg it merely assumes first-degree ritual impurity status, since he cannot lean all his weight on it.
since its purpose is to lean on it.
The two cases are not comparable.
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.,
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
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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 desecrati0n 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:
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“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.
§70
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.
§71
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 sin…and 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 disgaree 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,
§72
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:
One who intended to lift a plant detached from the ground on Shabbat and mistakenly severed a plant still attached to the ground, which under other circumstances constitutes performance of the prohibited labor of reaping, is exempt from bringing a sin-offering for his mistaken act, since he did not intend to perform an act of cutting. One who performs an action unawares [mitasek], i.e., he had no intention to perform the act at all, incurs no liability whatsoever. One who intended to cut a detached plant and unwittingly severed a plant still attached to the ground, Rava said: He too is exempt. Abaye said: He is liable. The Gemara elaborates: Rava said that he is exempt because he did not intend to perform an act of prohibited severing. He intended to perform an action completely permitted on Shabbat. He had no misconception with regard to the halakhot of Shabbat. It was merely a mistaken act. And Abaye said that he is liable because he intended to perform a standard act of cutting. Since he intended to perform that act, and he carried out his intent, the Torah characterizes it as unwitting and not as unawares.,Rava said: From where do I derive to say this opinion? As it was taught in a baraita: There is a stricture with regard to the prohibitions of Shabbat that is greater than the stricture with regard to other mitzvot, and a stricture with regard to other mitzvot that is greater than the stricture with regard to Shabbat. The Gemara elaborates: A stricture with regard to Shabbat that is greater than the stricture with regard to other mitzvot is that, with regard to Shabbat, one who performed two transgressions on Shabbat, even if he did so in the course of one lapse of awareness, is liable to bring a sin-offering for each and every one, which is not the case in other mitzvot. In other mitzvot, if an individual commits a transgression several times in the course of one lapse of awareness, he is liable to bring only one sin-offering. And a stricture with regard to other mitzvot that is greater than the stricture with regard to Shabbat is that, with regard to other mitzvot, one who performs an act unwittingly without intent is liable, which is not the case with regard to Shabbat. Apparently, the phrase unwittingly without intent refers to the case disputed by Abaye and Rava. Therefore, this is proof for Rava’s opinion that, with regard to Shabbat, one who acts unawares, i.e., whose action resulted from involvement in another matter and who had no intention to perform an action that is prohibited, is not considered to have performed an unwitting act.,Before the Gemara discusses the baraita in the context of the dispute between Abaye and Rava, the Gemara analyzes its text. The Master said in the baraita: A stricture with regard to Shabbat that is greater than the stricture with regard to other mitzvot is that, with regard to Shabbat, one who performed two transgressions on Shabbat, even in the course of one lapse of awareness, is liable to bring a sin-offering for each and every one, which is not the case with regard to other mitzvot. The Gemara asks: What are the circumstances? If you say that he unwittingly performed acts of reaping and grinding on Shabbat, the corresponding situation with regard to other mitzvot is a case where he ate forbidden fat and blood. If so, there is no difference between Shabbat and other mitzvot. Here one is liable to bring two sin-offerings and here one is liable to bring two sin-offerings. Rather, what are the circumstances in other mitzvot where he is liable to bring only one sin-offering? It is in a case where he ate forbidden fat and again ate 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. However, in that case too there is no difference between Shabbat and other mitzvot. Here one is liable to bring one sin-offering, and here one is liable to bring one sin-offering.,The Gemara explains: Actually, it is referring to a case where one performed acts of reaping and grinding. And what is the meaning of the phrase: Which is not the case with regard to other mitzvot? It is not referring to all mitzvot in general. It is referring to the prohibition of idolatry, which is comprised of separate component prohibitions, each of which incurs independent liability. This is in accordance with the opinion of Rabbi Ami, as Rabbi Ami said: One who sacrificed to idolatry, and burned incense before it, and poured wine as a libation before it in the course of one lapse of awareness is liable to bring only one sin-offering. That is the ruling, even though, had he performed those rites separately, he would be liable to bring a sin-offering for each. That, then, is the stricture of other mitzvot relative to Shabbat.,The Gemara asks: In what case did you establish the baraita, in the case of idolatry? If so, state the latter clause and determine whether that explanation applies there as well. The latter clause states: A stricture with regard to other mitzvot that is greater than the stricture with regard to Shabbat is that, with regard to other mitzvot, one who performs an act unwittingly without intent is liable, which is not the case with regard to Shabbat. One who acts unawares with no intent to perform a prohibited act is not considered to have performed an unwitting act. That case of performing an act unwittingly without intent with regard to idolatry, what are the circumstances? If you say that it is referring to a case where he thought that it was a synagogue and bowed to it, and it turned out that he bowed to idolatry, he committed no transgression. Since his heart was directed toward Heaven, it is not even an unwitting transgression. Rather, it is referring to a case where he saw a statue [andarta] in the image of the king and bowed to it. What are the circumstances? If the baraita is referring to a case in which he bowed because he accepted that image upon himself as a god, he worshipped idolatry intentionally and is not liable to bring a sin-offering. And if he did not accept that image upon himself as a god and bowed merely in deference to the monarch, it is meaningless and is not an act of idolatry.,Rather, it is referring to a case where one bowed due to love of someone who requested that he bow before the statue and due to fear of someone coercing him to do so. He is under the impression that unless he wholeheartedly has the intention to worship the idol, there is no prohibition involved. This works out well according to the opinion of Abaye, who said: One who bows due to love or fear is liable to bring a sin-offering. However, according to the opinion of Rava, who said: One who bows due to love or fear is exempt from bringing a sin-offering, what can be said? According to Rava’s opinion, the problem remains. There is no case in which there is a difference between the ruling in the case of idolatry and the ruling in the case of Shabbat. Rather, it is referring to a case where one says to himself that this is permitted. He is under the impression that idolatry is permitted, and his unwitting act was the result of ignorance, not forgetfulness. The statement in the baraita: Which is not the case with regard to Shabbat, is referring to one who was under the impression that performing labors on Shabbat is permitted. One who performs prohibited labors under those circumstances is completely exempt.,That conclusion contradicts another statement of Rava. With regard to one who is unaware of both the essence of Shabbat and the individual prohibited labors, Rava raised a dilemma before Rav Naḥman only whether to deem him liable to bring one or whether to deem him liable to bring two sin-offerings. However, the possibility to exempt him completely did not enter Rava’s mind. That explanation of the baraita is incompatible with Rava’s opinion.
§73
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.
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,
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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 tray [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 tray 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 tray 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,
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:
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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 additionl
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.
§76
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
§77
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 indistiguishable. 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,
§78
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 that 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?
§79
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
need not 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 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 hide that is tanned, 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.
§80
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 s
tand 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.
§81
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 an 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
an 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,
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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.
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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 Ba