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Week 9 - Wednesday - 26 Jan. 2000

SHABBAT: CHAPTER 17: MISHNA 8

All covers of utensils that have a handle may be handled on Shabbat. Rabbi Yose said. To what does this refer? To covers of land; but covers of utensils, in either case, may be moved on Shabbat.

Kahati

This mishnah discusses moving the coverings of utensils or wells, etc.

All coverings of utensils that have a handle - with which to hold the coverings, may be handled - moved, on Shabbat - As they have a handle, they have the legal status of utensils.

Rabbi Yose said: To what docs this refer - that coverings may be moved only if they have a handle? To covers of land - such as the coverings of wells; but the covers of utensils, in either case - whether or not they have a handle, may be moved on Shabbat - The Gemara explains that according to all opinions it is permitted to move real covers on Shabbat, even if they do not have a handle, because their legal status is that they are utensils. According to all opinions it is prohibited to move covers of land, such as lids of wells on Shabbat if they do not have a handle, because it appears as if they are likely to stop up the well with them, which would constitute the activity of building. Rabbi Yose and the Sages disagree only about coverings of articles attached to the ground, such as a cask buried in the earth: according to the Sages, their legal status is the same as land, and if they do not have a handle, it is prohibited to move them on Shabbat; according to Rabbi Yose, they are utensils, and it is permitted to move them on Shabbat, even if they do not have a handle. The halakhah follows the Sages, that what is attached to the ground has the legal status of ground (Rambarn).

SHABBAT: CHAPTER 18: MISHNA 1

They may remove even four and five piles of straw and grain, on account of guests, or on account of the neglect of the House of Study, but not the storehouse. They may remove clean terumah, and dernai, and ma'aser rishon whose terumah has been taken, and ma'aser sheni and Temple property that have been redeemed, and dry lupine, because it is food for the poor; but not level, or ma'aser rishon whose terumah has not been taken, or ma'aser sheni and Temple property that have not been redeemed, or the arum, or mustard. Rabban Shimon ben Gamliel permits arum, since it is food of ravens.

Kehati

This mishnah teaches that although everything that is fit for human or animal consumption may be moved on Shabbat, nevertheless, if the moving entails a great deal of trouble, it is permitted only for the perfor- mance of a religious obligation. Something that is not fit for consumption by either man or beast, however, may not be moved on Shabbat.

They may remove - on Shabbat, even four and five - i.e., even many, piles of straw and grain - even though this removal entails labor, on account of guests - If one requires the place occupied by the piles in order to sit guests there for a meal, or - if he needs to remove them - on account of the neglect of the House of Study - so that there will be place for the students in the House of Study, and their study of the Torah and their listening to lectures will not be neglected. I.e., one may remove piles of straw and grain on Shabbat in order to perform a religious obligation, and we do not

take into account the prohibition of excessive labor on Shabbat; but - one may not - clear - the - entire - storehouse - for we fear lest he will come to level off the depressions in the ground, which is a derivative of plowing. They - an Israelite, may - move and - remove - on Shabbat, even clean terumah - which an Israelite may not eat, for it may only be eaten by a kohen. Unclean terumah, however, may not be moved on Shabbat, because it is not fit to be eaten even by a priest, for it must be burned; and demai - Produce purchased from an ignorant person, who it is suspected may not have taken ma'aser (see our Introduction to Tractate Dernai), which may not be eaten until ma'aser has been taken from it, on account of the doubt, still, it may be moved on Shabbat because it may be eaten by the poor, as it has been taught: "They may feed dernai to the poor" (Dem. 3:1). It is fit for him as well, for he can abandon his property, thereby becoming poor; and ma'aser rishon whose terumah has been taken - From which terumat ma'aser has been set aside, even if the primary terumah has not been set aside from it, e.g., a Levite came first to take his ma'aser from the sheaves, i.e., before the obligation to separate terumah came into existence regarding this produce. In such a case, a Levite is exempt from setting aside primary terumah from it (see Ber. 7:1), and since it is permitted to eat it, it is permitted to move it on Shabbat; and ma'aser sheni and Temple property that have been redeemed - One may redeem his ma'aser sheni produce with money, and bring the money to Jerusalem, and once the produce is redeemed, it may be eaten anywhere, and similarly, something that has been consecrated as Temple property may be redeemed with money, and the object reacquires its non-consecrated status, while the money with which it was redeemed becomes Temple property. If, however, one redeems his ma'aser sheni or his property that has been set aside for Temple use, he must add one Fifth to the money of its redemption. This mishnah teaches that if the owner redeemed ma'aser sheni or Temple property, even if he did not add the one fifth, the lack of the one fifth does not disqualify this act, and the produce is redeemed and fit to be eaten and therefore may be moved on Shabbat; and dry lupine - A type of legume; even though it is bitter and hard, may be moved on the Shabbat, because it is food for the poor - According to another version, "because it is food for goats"; but - one may - not - move on Shabbat - tevel - Produce from which terumah and ma'aser definitely have not been separated, which may not be eaten even by a kohen. The Gemara

explains that this prohibition includes Rabbinic level, e.g., from that which grows in an unperforated pot, or ma'aser rishon whose terumah has not been taken - There is no need to state that ma'aser rishon from which terumat ma'aser has not been taken may not be moved on Shabbat because it is certainly tevel. This mishnah (as explained in the Gemara) refers to produce whose primary terumah has not been taken in the following circumstances. If, after the pile of grain has been evened up [the last stage in the storing process], which is when the obligation to separate terumah from this produce comes into existence, a Levite first came, and took his ma'aser before the primary terumah had been separated from it. In such a case, the Levite is obliged to set aside from his ma'aser, not only

terumat ma'aser, but the primary ma'aser as well, and as long as the primary terumah has not been separated from the produce, it is tevel, and it may not be moved on Shabbat; or ma'aser sheni and Temple property that have not been redeemed - This prohibition applies even if they have been redeemed, but have not been redeemed properly, e. g., ma'aser sheni that was redeemed by an asimon (uncoined bullion), or Temple property whose consecrated status had been removed in exchange for land. In such cases their redemption is not effective, for it is written concerning the redemption of ma'aser sheni, "and bind up [ve-tzarta] the money in your hand" (Deut. 14:25) which implies with something which has a form (lzurah), and it is written concerning Temple property, "then he shall add the fifth part of the money of your valuation to it, and it shall be his" (Lev. 27:15) which implies that it must be redeemed with money, and not with land. Such ma'aser sheni and Temple property may not be eaten, and therefore they may not be moved on Shabbat, or the arum - a type of onion, or mustard - which cannot be eaten in its natural form, and which may not be prepared on

Shabbat (Hameiri). Each of these, since it is not fit for consumption by either man or beast, may not be moved on Shabbat.

Rabban Shimon ben Gamliel permits - moving on Shabbat - arum, since it is food of ravens - which are raised by rich people for amusement, as a hobby. Rabban Shimon ben Gamliel holds that all Israel are the children of kings, and therefore they all may move arum on Shabbat. The First Tanna, however, holds that since it is not common for people to raise ravens, the moving of arum on Shabbat is not to be permitted. The halakhah follows the First Tanna.

Tosafot (Shab. 128a) state that Rabban Shimon ben Gamliel permits the moving of arum, and certainly permits the moving of mustard, since it is food for doves, according to the opinion of the Tanna in the baraita (ibid.).

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