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Week 7 - Friday - 14 Jan. 2000

SHABBAT: CHAPTER 13: MISHNA 6

If a deer entered the house and one person locked it in, he is liable. If two locked, they are exempt. If one person cannot lock and two locked, they are liable. But Rabbi Shimon exempts.

Kehati

If a deer entered the house -of its own accord on Shabbat, and one person locked it in the house, he is liable- For by locking the house he has trapped the deer. If two locked - in circumstances where each by himself could have locked, they are exempt -As was explained above (10:5) regarding carrying from one domain to another. If an activity is done by two which could have been done by one, both are exempt, for each one did only half the activity.

If one person cannot lock the house, and two locked - If, for example, the door was heavy, and it normally was locked by two people, they both of them, are liable - For each one did a complete activity, since without him the deer would not have been trapped. But Rabbi Shimon exempts - According to him if two people do an activity which could not be done by one person alone they are exempt (see 10:5, above). The halakhah does not follow Rabbi Shimon.

SHABBAT: CHAPTER 13: MISHNA 7

If one sat in the entrance but did not fill it, the second sat and filled it, the second is liable. If the first sat in the entrance and filled it, and the second came and sat by his side, even though the first one stood up and went away the first is liable and the second is exempt. Behold, to what is this similar? To one who locks his house to guard it, when a deer is already enclosed within it.

Kehati

If - after a deer had entered the house, one sat in the entrance - so that the deer could not leave but did not fill it the space of the entrance with his body, and afterwards the second sat next to the first person, and filled it - the remaining space - the second is liable for the deer was trapped through him. The first one, however, is exempt, for when he sat he effected nothing. If the first sat in the entrance and filled it so that the deer was trapped through him, and the second came and sat by his side next to him. According to some commentators, on the inside (see Tiferet Yisrael), even though the first one stood up and went away and the second one remained in the entire space of the entrance, the first is liable - For by his sitting in the first place the deer had been trapped, and the second is exempt - For even though he prevents the deer from leaving, he nevertheless did not perform the forbidden activity of trapping.

Behold, to what is this similar? To one who locks his house to guard it - against robbers, when a deer - which had been trapped beforehand, is already enclosed within it - In such case, since the deer had been already trapped by one person, the second is considered to be looking after a trapped deer. Thus, ab initio a second person may sit in the entrance the entire Shabbat, to prevent the deer from escaping. In this instance, the mishnah's phrase, "and the second is exempt," means "exempt and permitted ab initio." This is the halakhah.

Ran refers the last section of the mishnah, starting "Behold, to what is this similar? To one who locks his house...," to a case in which a deer is inside a house whose door is closed, the deer thereby being enclosed. Someone then comes and locks the door. Even though he adds guarding to guarding, it is permitted. We do not say that locking the door is like trapping the deer, for had he not locked it, the door might have been opened and the deer could have escaped. Similarly, a second person may sit beside the first, since the first one by himself filled the opening, even though after the first person had left, the deer remained trapped because of the second person. Or, this section of the mishnah refers to a case in which the deer was tied, and someone then closed the door. Even though the deer was later unloosed, we do not say to the man that he now must open his house so that the deer can go out, for at the time that he shut the door, he was permitted to do so. In the case of two people filling the doorway, the second person is likewise exempt. When he sat down, he was permitted to do so, so we do not oblige him to vacate the place if the first person leaves.

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