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Week 8 - Friday - 21 Jan. 2000

SHABBAT: CHAPTER 16: MISHNA 6

If a non-Jew comes to put out, they may not say to him, "Put out" and "Do not put out" because his Shabbat rest is not incumbent upon them; but if a minor comes to put out, they do not listen to him, because his Shabbat rest is incumbent upon them.

Kehati

The non-Jew is not commanded to keep the Shabbat, and similarly the Jew is not answerable for the Shabbat rest of the non-Jew, unless the latter is his servant. A Jew may not tell a non-Jew to do for him on Shabbat a forbidden work, for "telling a non-Jew constitutes shevut," i.e., a rabbinic prohibition regarding Shabbat is called shevut (see the Intro- duction to this Tractate). Rambarn explains the reason for this: It is so that Jews should not regard the Shabbat as a trivia] matter, and eventually do forbidden labors themselves. The Mekhilta, on the other hand, teaches that the prohibition is implicit in the verse, "no manner of work shall be done bahem" (Ex. 12:16) understanding bahem as "by them", meaning that a non-Jew may not do your work. This mishnah discusses the extinguishing of a fire by a non-Jew.

If a non-Jew comes to put out - on Shabbat a fire which broke out in the house of a Jew, they may not say to him, "Put out" - Because telling a non-Jew is prohibited on account of shevut (see above), and - or - "Do not put out" - they are not obliged to prevent him and tell him not to extinguish the fire, since he does so of his own accord, because his - the non-Jew's - Shabbat rest is not incumbent upon them - Israel, i.e., the Jew is not answerable for the Shabbat rest of the non-Jew. The Gemara states that if there is a fire, it is even permitted to say, "Whoever extinguishes will not lose thereby";

but if a minor comes to put out - the Fire on Shabbat, they do not listen to him - I.e., they do not permit him to put out, because his Shabbat rest is incumbent upon them

- The Jew is answerable for the Shabbat rest of a Jewish minor. The Gemara explains that although the halakhah is that if a minor eats animals which have not been properly slaughtered, a Bet Din is not obliged to prevent him from doing so, this mishnah refers to a case in which the minor acts with his father's consent, i.e., he knows that his father will be glad if he extin- guishes the Fire, so he does it on his father's behalf. For this reason we must prevent him from doing so. A non-Jew, however, may extinguish the fire,for even though he knows that the Jew will be glad for him to do so, he really does it for his own benefit, because he knows that he will receive a reward for his trouble.

SHABBAT: CHAPTER 16: MISHNA 7

One may invert a dish over the lamp, so that it shall not catch hold of the beam, and on excrement of a child, and on a scorpion that it will not sting. Rabbi Yehudah said: Such a case once came before Rabban Yohanan ben Zakkai in Arab, and he said: I fear for him a sin-offering.

Kehati

One may invert an earthenware dish over the lamp - on Shabbat, so that it - the fire, shall not catch hold of the beam - of the ceiling of the house in, for example, a low building, provided that a space remains between the lamp and the dish, so that the dish does not extinguish the lamp, and on excrement of a child -The Gemara explains this phrase to mean, "on chicken excrement because of a child," i.e., they may invert over it a dish on Shabbat so that a child will not be soiled by it. Although it is permitted to remove excrement lying in a courtyard in which people sit to the rubbish or to the toilet, as is the law regarding the sweepings of a grazing animal that they may be moved on Shabbat in order to remove them, this mishnah refers to chicken excrement in another courtyard, in which no one sits; this excrement may not be moved to be taken away on Shabbat. This mishnah teaches that it is permitted to invert a dish over it, so that a child will not soil himself with it; and they may invert a dish on a scorpion that it will not sting - even though the scorpion is trapped by the inversion of the vessel, at any rate, this is a work which is not required for its own sake, and the Tanna of this mishnah holds that a person is exempt for a work which is not required for its own sake. Since there is an element of danger to people in this case, it is permitted, ab initio, to act do so (Hameiri, Shenot Eliyahu).

Rabbi Yehudah said, Such a case once came before Rabban Yohanan ben Zakkai - Somebody inverted a dish over a scorpion, in Arab the name of a place, and he - Rabban Yohanan ben Zakkai, said, I fear for him a sin-offering - I fear that he is liable to bring sin-offering, on account of trapping. Rabbi Yehudah follows his opinion that one is liable for forbidden work which is not required for its own sake, and a scorpion does not certainly entail danger. The halakhah is as follows: Poisonous creatures which bite and can kill, such as poisonous snakes or a rabid dog, may be killed on sight on Shabbat; regarding all other animals which can cause injury if they chase a person, he may kill them. If they do not chase him, he may invert a vessel over them, so that they do not bite. If one unintentionally treads on them while walking and kills them it is of no consequence (Rambam's commentary on the mishnah, Bartenura).

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