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Week 39 - Wednesday - 23 August 2000

BETZAH: CHAPTER 5: MISHNAH 1

One may throw produce through a trap door on Yom Tov, but not on the Sabbath; and one may cover produce with utensils because of dripping rain; and so, also jars of wine and jars of oil. And one may place a utensil under the dripping rain on the Sabbath.

Kehati

One may throw produce through a trap door on Yom Tov - If one has produce spread out on his roof for drying and sees that rain, which may spoil his produce, is approaching, he may throw the produce into his house through the trap door in the roof. But he may only do so through the trap door, since no exertion is involved, but not through a window, as, for example, from a walled-in roof with windows in the wall, through which the produce could be let into the house. As, however, the produce would then have to be lifted up to the window level, which is exerting, the Sages did not permit it; but not on the Sabbath - not even through the trap door and one may cover produce with vessels because of dripping rain - in order to prevent a loss, the Sages permitted one to cover the produce with vessels to protect it from the rain.

And so also jars of wine and jars of oil - one may cover because of the rain, though the loss would be small. According to one opinion in the Gemara, this mishnah teaches that even if the jars of wine and oil are tevel - untithed - and therefore muktzeh which must not be moved on the Sabbath and Yom Tov, one is permitted to cover them to protect them from the rain, because one may use a vessel for the benefit of objects which themselves may not be handled. And one may place a vessel under the dripping rain on the Sabbath - to catch the water to prevent it from soiling the house, and it is certainly allowed on Yom Tov. The Gemara states that when full, the vessel may be emptied and replaced to catch more water. According to one opinion, this only applies to dripping water fit for drinking or washing oneself, but if unsuitable for these purposes, one may not place a vessel to catch the rain, for one may not render a vessel immovable (by virtue of causing it to become muktzeh) (Ran, see Tur 338 who disagree with this). Rambam's reason for forbidding it is because one may not, from the outset, make "a vessel of excrement" (i.e. a container of loathsome matter) on the Sabbath (Hil. Shabbat 25:24).

We explained that "one may cover produce with vessels because of dripping rain; and so also jars of wine and jars of oil" refers to Yom Tov, just as does the first section of the mishnah. This is the view of Rashi, Rambam and R. Nissim. According to Rosh, and Hameiri, however, "on the Sabbath" at the end of the mishnah also refers back to the law of covering produce, etc., which may be covered even on the Sabbath to protect them form the rain, and so also jars of wine and of oil (see Korban Netanel).

BETZAH: CHAPTER 5: MISHNAH 2

Whatever one is liable for because of shevut, because of reshut, because of a mitzvah on the Sabbath, one is liable for on Yom Tov. And these are because of shevut: one may not climb a tree, ride on an animal, swim in the water, clap, slap, or dance. And these are because of reshut: one may not judge, betroth, perform halitzah, or yibum. And these are because of mitzvah: one may not dedicate, make a valuation vow, and may not devote anything, and may not take terumah and ma'aser. They stated all these in respect of Yom Tov, and all the more so on the Sabbath. There is no differentiation between Yom Tov and the Sabbath except for food.

Kehati

Whatever one is liable for - All that the Sages forbade, because of shevut - in order to fulfill the commandment of (Ex. 23:12), "On the seventh day you shall rest" (tish'bot in Hebrew, hence "shevut"); because of reshut - voluntary actions bound up with a certain degree of mitzvah - a pious duty -, but which were nevertheless forbidden by the Sages because of shevut; Because of a mitzvah - something which is a definite religious duty - but which the Sages forbade because of shevut; all of these types of shevut for which one is liable On the Sabbath - which the Sages forbade to do on the Sabbath, One is liable for on Yom Tov - is also forbidden on Yom Tov by Rabbinic Law.

And these are because of shevut - are forbidden on Yom Tov by Rabbinic Law. They are acts without any element of mitzvah involved: One may not climb a tree - lest one tear off leaves or branches, ride on an animal - lest one cut a switch to use on the animal, swim in the water lest one build a raft, clap - one's hands together, slap - one's hand on one's thigh, or dance - the latter are all forbidden lest one repair musical instruments.

And these are because of reshut - optional actions in which there is an element of mitzvah: One may not judge - judges may not sit in session, betroth - a women, perform halitzah, or yibum - If a man died childless, the Torah commands that the brother of the deceased marry his widow as the Torah states (Deut. 25:5), "Her husband's brother shall go in unto her, and take her to him to wife." If the brother does not wish to perform yibum, the Torah states further (v.9), "Then his brother's wife shall come to him in the presence of the elders, and loose (ve'haltzah in Hebrew, hence "halitzah") his shoe from off his foot." Neither yibum nor halitzah is performed on the Sabbath or Yom Tov. The Gemara explains that the four items mentioned in this category are indeed all mitzvot, but since they are occasionally voluntary, the mishnah employed the word reshut. Thus, for a judge to sit in judgement is a voluntary act if there is a more learned judge in the city than he, for then he is not obliged to judge; to marry a woman may be reshut, if a man already has a wife and children; so, too, with yibum and halitzah, when there is an older brother, for it is a mitzvah for the oldest to perform yibum. However, even under circumstances when these acts are unqualified mitzvot, they are forbidden on the Sabbath and Yom Tov. The reason, as explained by the Gemara, is "lest he write" (the verdict in a judgement, the betrothal contract, the halitzah document for the woman who has performed the halitzah, and the ketubah - marriage obligations contract - for the widow married by her brother-in-law (yibum) (Rashi).

And these are because of mitzvah - but are forbidden because of shevut: One may not dedicate - anything to the Temple, make a valuation vow - a person says, "the worth of Person X be upon me," pledging that value to the Temple, as explained in the Torah (Lev. 27:1-8), and may not devote anything to the Temple, for example, a person saying, "this animal is devoted" (Lev. 27:28, Num 18:14). Unless otherwise specified, devoted items revert to the upkeep of the Temple (Rashi). According to one opinion, it goes to the kohanim (see Mishnah Arakhin 8:6; Rambam, Hil. Arakhin 6:1); the Gemara explains that the Sages forbade these three acts on Yom Tov because they have a semblance of commercial transactions, for the item is being transferred from one's own possession to that of the Temple; and may not take terumah and ma'aser - on Yom Tov, because by doing so, the produce is made fit for consumption. One may, however, separate hallah from dough kneaded on Yom Tov (see above, mishnah 1:6). They stated all these in respect of Yom Tov - i.e., in the bet midrash, all of these were stated as being forbidden on Yom Tov, and all the more so on the Sabbath - they are forbidden on account of shevut. As to the first statement of this mishnah, "Whatever one is liable for…on the Sabbath, one is liable for on Yom Tov, it refers to other matters not mentioned in this mishnah (see Tosefot Yom Tov).

There is no differentiation between Yom Tov and the Sabbath - Nothing that is forbidden on the Sabbath is permitted from the outset on Yom Tov except for food - as the Torah states (Ex. 12:16), "save that which every man must eat, that only may be done by you," from which we learn that on Yom Tov one may perform work needed in the preparation of food, whereas this is forbidden on the Sabbath. The Gemara explains that this mishnah represents the opinion of Bet Shammai, but the halakhah is in accordance with Bet Hillel that since carrying from one domain to another and burning were permitted for food preparation purposes, they were also permitted for other purposes, like for a mitzvah or personal pleasure (see above mishnah 1:5; 2:5). Thus we learn at the beginning of this chapter: "One may throw produce through a trap door on Yom Tov, but not on the Sabbath."

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