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Week 11 - Tuesday - 8 Feb. 2000

SHABBAT: CHAPTER 23: MISHNA 3

A man may not hire laborers on Shabbat, and a man may not tell his fellow to hire laborers for him. One may not wait for nightfall at the Shabbat limit to hire laborers and to bring produce, but he may wait for nightfall to guard, and he may bring produce in his hand. Abba Shaul stated a general rule: Whatever I am allowed to speak of, I am permitted to wait for nightfall regarding it.

Kehati

This mishnah continues to discuss things which are prohibited on Shabbat by Rabbinic law, because of the verse, "And you shall honor it, not doing your wonted ways, nor pursuing your business, nor speaking thereof" (Isa. 58:13; see the Introduction to the Tractate).

A man may not hire laborers on Shabbat - in order to work on the weekday, for speaking of weekday affairs is prohibited, and a man may not tell his fellow - on Shabbat, to hire laborers for him - for the weekday. The Gemara explains that the Tanna stated this clause only in order to teach the following Fine point: one may not tell his fellow, on Shabbat, to hire laborers for him, but he may say to him, "It appears that you will stand with me to the night" (i.e., we will see if you will come to me when night falls Rashi), for even though both of them know that he gives him notice in order to hire him as his laborer, since he does not state this explicitly, it is permitted, because this is only thinking about activity, and the Sages prohibited only speech. (Shab. 150a).

One may not wait for nightfall at the Shabbat limit - on Shabbat. I.e., it is prohibited to walk on Shabbat until the end of the Shabbat limit (2,000 amot outside the city), in order to set off from there as soon as night falls, to go to the laborers' quarter which is beyond the Shabbat limit, to hire laborers - there, and - or, to go to his orchard, to bring - from there - produce - For it is prohibited to wait at the Shabbat limit for nightfall in order to do anything that is prohibited on Shabbat, but he may wait for nightfall - at the Shabbat limit, in order to set out from there as soon as night falls, to guard - his produce, because he may guard his produce when it is within the limit, even on Shabbat, and - when he returns to his house, he may bring produce in his hand - i.e., with him, from there, because he did not intend when he waited for nightfall at the limit to bring produce, but only to guard it.

Abba Shaul stated a general rule - regarding waiting for nightfall at the limit: Whatever I am allowed to speak of - to another person, that he shall do it after Shabbat has ended, such as the things listed in the following mishnah, and certainly something that I may tell another to do on Shabbat, such as guarding produce within his limit, for one may say to his fellow, "Guard my produce within your limit, and I will guard your produce that is within my limit, (Gemara, Tosafot),

I am permitted to wait for nightfall - at Shabbat limit, regarding it - According to one opinion, Abba Shaul disagrees with the First Tanna. In the opinion of the First Tanna, one may wait for nightfall at the Shabbat limit only to do that which may be done within the limit on Shabbat itself. He may not wait at the Shabbat limit for nightfall to do something which ought not to have been done on Shabbat, even though he may tell another on Shabbat to do them after Shabbat has ended, such as arranging the affairs of a bride (see following mishnah). Abba Shaul, on the other hand, holds that it is permitted to wait at the Shabbat limit for nightfall for such matters as are connected to the performance of a mitzvah, as we have just explained (Bartenura). According to another interpretation, Abba Shaul does not disagree with the First Tanna, but adds the general rule to the First Tanna's statement (Hameiri). In any event, the halakhah follows Abba Shaul.

SHABBAT: CHAPTER 23: MISHNA 4

One may wait for nightfall at the Shabbat limit to care for the affairs of a bride, and for the affairs of a corpse, to bring its coffin and shrouds. If a non-Jew brought flutes on Shabbat, a Jew may not eulogize with them, unless they came from a nearby place. If they made for him a coffin and they dug for him a grave, a Jew may be buried in it; and if for a Jew, he may never be buried in it.

Kehati

This mishnah continues the discussion regarding one who waits for nightfall at the Shabbat limit, according to the general rule stated by Abba Shaul: "Whatever I am allowed to speak of, I am permitted to wait at the Shabbat limit for nightfall regarding it."

One may wait for nightfall at the limit - on Shabbat, to care for the affairs of a bride - to attend to her preparations for the wedding ceremony, and - or, to care - for the affairs of a corpse - the preparations for the funeral, such as to bring him a coffin and shrouds - Even though these things themselves may not be done on Shabbat, nonetheless, since they deal with the fulfillment of a

mitzvah, he may tell another person on Shabbat to deal with them after Shabbat. Therefore on Shabbat he may wait at the Shabbat limit for nightfall in accordance with the general rule stated by Abba Shaul in the preceding mishnah.

If a non-Jew brought flutes on Shabbat - for a Jew. It was the custom then to play laments on the flute during the eulogy, a Jew may not eulogize with them - when Shabbat has ended unless they came from a nearby place - the non-Jew had brought them from a place within the Shabbat limit. If, however, it is known that they came from a distant place, it is necessary to wait until after Shabbat has ended a length of time sufficient to have brought them from that place (Tosafot, Ran, Rambarn). Rashi interprets this as follows: "A Jew may not eulogize with them" - forever. It is a penalty, because it is manifest that they were brought on Shabbat for a Jew, for flutes were brought only for the dead, "unless they came from a nearby place," i.e. (following the opinion ofRav in the Gemara), we know for a certainty that they came from a nearby place, or (following the opinion of Shmuel) we assume that they came from a nearby place. Most commentators, however, disagree with Rashi, and follow the above interpretation [that one waits for an appropriate length of time after Shabbat has ended].

If they - non-Jews, made for him - a non-Jew, a coffin - on Shabbat, and - or, they dug for him - a non-Jew, a grave - on Shabbat, a Jew may be buried in it; and - but, if - the non- Jews made a coffin or dug a grave - for a Jew - on Shabbat, he - this Jew, may never be buried in it - but another Jew may be buried in it after Shabbat has ended, after they have waited a sufficient length of time to have done this after Shabbat had ended. It is only when the non-Jews made the coffin or dug the grave publicly on Shabbat for a Jew that it is prohibited to bury him in it forever; but if they had done this privately, they may bury him after Shabbat has gone out, after they have waited a length of time sufficient to have done it (Ran, Rambarn).

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