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Week 7 - Shabbat - 15 Jan. 2000

SHABBAT: CHAPTER 14: MISHNA 1

The eight low moving things mentioned in the Torah, one who traps them and one who wounds them is liable. And other detestable and creeping things, the person who wounds them is exempt. The person who traps them for use is liable; not for use, he is exempt. An animal and the bird in his domain, if he traps them he is exempt, and if he wounds them he is liable.

Kehati

This mishnah continues to teach the laws of trapping. It also teaches about wounding animals on Shabbat.

The eight low moving things mentioned in the Torah - in the weekly portion of Shemini (Lev. 9:111:47), as follows: the weasel, and the mouse, and the great lizard, and the gecko, and the land-crocodile, and the lizard, and the sand-lizard, and the chameleon (Lev. 11:29-30),

one who traps them - on Shabbat, and - or, one who wounds them - on Shabbat, is liable - One who traps them 'is liable because people trap these animals for their hides. One who wounds them is liable for the following reason: when a person wounds them so that the blood is gathered under the skin, the blood escapes from its natural vessels, and since they have thick skin, it is only the thick skin which prevents the blood from coming out. This is therefore regarded as taking life from this spot, because blood is considered as life. Wounding would therefore be a derivative of slaughtering (Rashi, Tosafot, Ran). According to another opinion, the reason it is forbidden is because the skin becomes discolored by the blood which has collected under it, and this is a derivative of dyeing (Rashi, Bartenura). According to a third opinion, since the blood has been removed from its place he is liable on account of "taking off", which is a derivative of threshing (Rambarn)-, for this reason, a dried-fig's amount of blood must come forth to establish his liability (Hi1. Shabbat 8:7)

And other detestable and creeping things - since they do not have thick skin, the person who wounds them is exempt - For as long as no blood issues externally from them, it is not regarded as a wound. If, however, blood does issue externally from them he is liable, just as he is liable if he wounds other detestable and creeping things listed in the Torah, on account of taking life (Ran, Hameiri, Hagra). Rambam's ruling, however, implies that even if blood issues forth he is exempt (Hit. Shabbat 8:9; see Maggid Mishneh, ibid.).

Regarding trapping: The person who traps them - the detestable and creeping things on Shabbat, for a specific - use - such as a medicine, is liable on account of trapping on Shabbat, because they were previously in an untrapped state; not for use, he is exempt - because they are not generally trapped (Rashi, Bartenura). Some disagree with this reason, for if this were the criterion, then even one who traps them for a specific use should be exempt. According to the dissenters, the reason why he is exempt is because this mishnah follows Rabbi Shimon, who holds that one who does work which is not required for its own sake is exempt; therefore, even if people normally do trap them, since he trapped them not for any use, he is exempt (Tosafot). According to Ran, one is only liable for trapping the eight swarming creatures of Leviticus 11:29 if he traps them to use them. These eight creatures do not normally cause injury, and therefore people trap them only for their specific use. However, sometimes people trap other detestable and low moving things which generally cause injury not for a specific use, but to prevent them from doing injury, and it is this distinction which is discussed in the latter part of the mishnah, regarding other detestable and low moving things. Rambarn, however, rules as follows: "There is no difference between the eight low moving creatures mentioned in the Torah and other detestable and swarming creatures which people trap if one traps any of them, whether for a use, or not for a use, or just to play with them, he is liable, because he intended to trap and he did trap, for one is liable for the performance of work which is not required for its own sake" (Hil. Shabbat 10:21).

An animal and the bird in his - one's, domain, if he traps them - he is exempt - for they do not require trapping, because they are trapped and in the one place, and if he wounds them - he is liable - because they have skin. Bartenura explains that one who wounds is liable in all the cases taught in this mishnah only if he wounds them in order to use their blood, e.g., for a remedy. If, however, he wounds them only in order to cause damage to them, the halakhah states that whoever performs a destructive action is exempt.

SHABBAT: CHAPTER 14: MISHNA 2

One may not make hilmy on Shabbat, but he may make salt water and dip his bread in it, and he may put it into cooked food. Rabbi Yose said. Is this not hilmy, whether a lot or a little? But this is the salt water that is permitted: he first puts the oil into the water or into the salt.

Kehati

This mishnah deals with a work that is similar to curing a hide.

One may not make hilmy -a mixture of a great deal of water and salt, with the addition of a small amount of oil, in which to pickle vegetables, on Shabbat It is prohibited because he appears to be making it in order to cure the foods so that they will be preserved. Although the work of curing does not apply to food, it is forbidden to do so by Rabbinic law (Hameiri), but he may make salt water - by putting a small amount of salt into water, i.e., he makes a small quantity of hilmy, and dip his bread in it, and he may put it into cooked food - for it is permitted to season Shabbat foods at the time when they are eaten, in order to improve their taste.

Rabbi Yose said. Is this not hilmy, whether a lot or a little - what is the difference between hilmy and salt water, for a small amount of salt water is also "hilmy"? And if we were to permit it, people would say that a large amount of work is prohibited, while a small amount of work is permitted! Rather, it is prohibited to make either a large amount of salt water or a small amount of salt water, because this is like curing food.

But this is the salt water that is permitted: he first puts the oil into the water - before he puts the salt into the water, or - he first puts the oil - into the salt - before he puts in the water, for the oil weakens the effect of the salt, and this no longer resembles curing the foods so that they will be preserved. He may not, however, first put in the water and the salt and afterwards the oil, for in this manner he makes strong salt water, the effect of which will not be weakened by the oil, and in this case he appears to be making it in order to cure the foods so that they will be preserved. The halakhah does not follow Rabbi Yose.

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