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Week 6 - Sunday - 2 Jan. 2000

SHABBAT: CHAPTER 9: MISHNA 7

If one carries a peddler’s basket, even though there are many kinds in it, he is liable to only one sin-offering. Garden seeds - less than a dried fig’s-bulk. Rabbi Yehudah ben Beteira says: Five. Cucumber seed - two, gourd seed - two, Egyptian bean seed - two. A clean live locust - any amount. Dead - a dried fig’s-bulk. The bird of the vineyards, whether live or dead - any amount, for people set it aside as a remedy. Rabbi Yehudah says: Even one who carries an unclean live locust - any amount, for people set it aside for a child to play with it.

Kehati

If one carries a peddler’s - a spice seller’s, basket, even though there are many kinds of spices in it, he is liable to only one sin-offering - because the basket combines all the kinds together into one act of carrying. Garden seeds - if one carries less than a dried fig’s-bulk - he is liable. Even though it has been taught that the measure for which carrying foods incurs liability is a dried fig’s-bulk, nonetheless, since they are about to be planted, he who carries garden seeds is liable even for less than a dried fig’s-bulk. According to Rambarn, this measure is close to a dried fig’s-bulk.

Rabbi Yehudah ben Beteira says, if he carried five seeds, he is liable (Rambarn). The halakhah does not follow Rabbi Yehudah ben Beteira. And similarly, the measure of cucumber seed, is two seeds; and similarly, the measure of gourd seed, is two seeds; and similarly, the measure of Egyptian bean seed, is two seeds, because it is normal to plant only small quantities of any of these (Hameiri).

A clean - i.e., which the Torah permits to be eaten live locust, its measure is any amount - i.e., even if it is extremely small, for people set it aside for a child to play with; a Dead locust, its measure is a dried fig’s-bulk - i.e., the measure for other foods, because it is permitted to eat a clean locust without slaughtering it. The bird of the vineyards - According to one interpretation, this is a type of bird; according to another, it is a type of locust, whether live or dead, its measure is any amount, for people set it aside as a remedy - one who carries any amount of anything which is set aside as a remedy is liable (see 10:1, below).

Rabbi Yehudah says. Even one who carries an unclean live locust, its measure is any amount, for people set it aside for a child to play with it - the First Tanna, however, holds that one who carries an unclean live locust is exempt, for people do not set it aside, not even for an infant, lest, if the locust die, he eat it. Even though the halakhah is that adults are not obliged to prevent a minor from eating an animal which has not been properly slaughtered, it is nevertheless prohibited actually to give a child a forbidden thing (Tosefot Yom Tov).

SHABBAT: CHAPTER 10: MISHNA 1

If one sets aside for seed, or for a sample, or for a medicine and removes it to another domain on Shabbat, he is liable for any quantity. Whereas another person is liable for it only as its standard quantity. If he retracted and brought it in - he is not liable only as its standard measure.

Kehati

The preceding chapters taught the measures to incur liability for carrying; this mishnah teaches that these measures were established for the general public. If an individual, however, sets aside an object for some purpose, he is liable for even the smallest amount (see 7:3, above).

If one sets aside - before Shabbat, any type of seed, for seed - for planting, or - he sets aside something, for - in order to exhibit it as a sample, or - he sets aside something, as a medicine, and removes it to another domain on Shabbat - even if he carried it purposelessly, i.e., he forgot why he had set it aside (Gemara), he is liable for any quantity - even if it is less than the measure established by the Sages. Since he had initially set it aside, we say that he removed it in accordance with his initial intent, which regarded the quantity as being significant. Whereas - but, another person - who removed it on Shabbat, is liable for it only as its standard quantity - only if it is of the amount set by the Sages as incurring liability for removing to another domain, (i.e., the measures taught in the preceding chapters). If he - one who had set aside a quantity less than its measure and had removed it on Shabbat, retracted - changed his mind, and decided after all not to use it for planting, as a sample, or as a medicine, and brought it in to his house on Shabbat, he is not liable - for this carrying in (and similarly, not liable if he retracts and carries it out); he is liable for this carrying out only if it contains a quantity as its standard measure - which was established by the Sages. Since he retracted, his initial intent was rescinded and retains the universal status governing the laws of quantities. The Gemara explains that even if he did not explicitly cancel his initial intent, but implied so in his actions such as throwing the seed into the storehouse, even though it did not become totally mixed with the other seeds there and its location is identifiable, nevertheless, since he threw it into the storeroom, he is considered to have cancelled his initial intent.

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