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Week 11 - Monday - 7 Feb. 2000

SHABBAT: CHAPTER 23: MISHNA 1

A man may borrow [sho'el] from his fellow jugs of wine and jugs of oil, provided that he does not say to him, "Loan me {Halveni]," and similarly, a woman from her fellow loaves. And if he does not trust him, he may leave his cloak with him and he makes an

accounting with him after Shabbat. And similarly, if Pesah eve in Jerusalem falls on Shabbat he leaves his cloak with him and he takes his Pesah sacrifice and he makes an accounting with him after the Festival.

Kehati

This mishnah deals with prohibited speech on Shabbat.

A man may borrow [sho'el] from his fellow - on Shabbat, jugs of wine and jugs of oil, provided that he does not say to him, "Loan me [Halveni]" - but "lend me {Hashileni]." The Gemara (as interpreted by Rashi) explains that if he says "Halveni," we fear lest his fellow will come to record the loan in his ledger on Shabbat, so that he will not forget it, because the expression "halva'ah" (loan) implies giving for a long time; but if he says to him, "lend me, Hashileni," we do not fear he will record it in his ledger, because the expression "sh'elah" (with the basic meaning of "request") implies a short-term loan. Rashi adds that an unspecified halva'ah is given for a period of thirty days; whilst a lending, sh'elah, must be returned whenever the lender demands its return. The Tosafists, however, query Rashi's interpretation, for it is taught, "A borrowed [she'ulah] cloak all thirty days it is exempt from tzitzit" (Men. 34:1). This and other laws taught in Menahot prove that an unspecified sh'elah, as well, is given for a period of thirty days. Based on this, the Tosafists interpret the Gemara in a different way: In most cases, the term sh'elah is used where the original item will be returned, and therefore we do not anticipate that he will record it in his ledger on Shabbat. Halva'ah, on the other hand, is used where the item is replaced and not returned in its original state. So when one says, "Halveni," we anticipate that the lender will record the loan in his ledger on Shabbat. Although the original wine and oil are not returned, still, since the borrower speaks in terms of ''''Hashileni," it reminds the lender that it is Shabbat, so he will not record it in his ledger,

and similarly, a woman - may borrow - from her fellow loaves - on Shabbat, provided that she does not ask in terms of halva'ah.

And if - one comes to borrow items of food from his fellow on Shabbat, and the latter does not want to lend to him, because - he does not trust him - to return to him their worth, he - the borrower, may leave his cloak - his outer garment, with him - the lender, provided that he does not say to him that it will be a pledge, but he rather leaves it with him without making an explicit statement, and he makes an accounting with him after Shabbat - how much he owes him for the items that he took on Shabbat.

And similarly, if Pesah eve in Jerusalem falls on Shabbat - and one forgot to purchase before Shabbat a lamb for the Pesah sacrifice, he leaves his cloak with him - the animal-merchant, and he takes - the lamb for - his Pesah sacrifice - Since the Pesah sacrifice is offered at a fixed time, and is offered even on Shabbat, he may dedicate the lamb as the Pesah sacrifice, even on Shabbat,

and he makes an accounting with him after the Festival - He may make the accounting with the merchant only after the Festival-Day, for the day following Shabbat is a Festival-day, and it is prohibited to make an accounting on a Festival-day.

SHABBAT: CHAPTER 23: MISHNA 2

A man may count his guests and his courses from his mouth, but not from writing. And one may cast lots with his children and with the members of his household about the table, provided that he does not intend to make a large portion as against a small portion, because of dice. And they may cast lots for the sacrifices on a Festival, but not for the portions.

Kehati

A man may count -on Shabbat, his guests - whom he invited to a meal, and his courses - types of sweetmeat that he wants to serve, from his mouth - orally but - he may - not - read them - from writing - that he prepared before Shabbat. The Gemara gives two reasons for this law: (1) It was prohibited lest he erase from the list one of the guests if he does not want him, or because he learned that this guest would not come; or lest he erase one of the dishes, for any reason; (2) Lest he become accustomed to read from "private writs," i.e., from documents pertaining to commercial transactions, etc., the reading of which is prohibited on Shabbat (Tosafot). According to another interpretation, all writings other than Holy Scriptures are called "private writs," and it is prohibited to read from them on Shabbat (Rambarn, Bartenura).

And one may cast lots - on Shabbat, with his children and with the members of his household about - the portions that are brought to - the table - who will receive first, or who will receive this or that portion, since the members of the household do not insist on their rights but willingly accept the results of the lottery. A lottery is not, however, conducted with others on Shabbat: since they insist on their rights and will not make concessions to one another, they are likely to measure, or weigh, or count, or similarly to transgress the prohibitions of borrowing and repaying;

provided that he does not intend to make a large portion as against a small portion - He must make equal portions, and he may not make one portion large and another small, so that one gets the large portion, and the other the small portion, in accordance with the lottery, because of dice - For this lottery resembles a game of chance with dice, and this is like engaging in a commercial transaction on Shabbat (Hameiri). The Gemara, however, explains that one may conduct a lottery with the members of his family, even for a large portion as against a small portion, because the members of the household do not insist on the different portions that fall by lot to each one. The clause in the mishnah, "provided that he does not intend to make a large portion as against a small portion," refers only to one who eats with strangers. This mishnah contains a lacuna; the full text should read, "And one may cast lots with his children and with the members of his household about the table on Shabbat," but not with others (for the above reason); This law applies on Shabbat. On a weekday, however, he may conduct a lottery, even with others, "provided that he does not intend to make a large portion as against a small portion, because of dice" i.e., it is prohibited to apportion to others by lottery large and small portions, even on a weekday because he would seem to be engaging in a game of chance. This constitutes Rabbinic theft, because an asmakhta does not effect acquisition. (An asmakhta is a commitment to his fellow that one undertakes on an agreed condition depending on the outcome of some chance (such as the throw of the dice) without fully intending to be bound (if he loses!). [Encyclopedia Talmudit, see Rashi, s.v. mishum kubiya, Shab. 149b].

And they may cast lots for the sacrifices - that will be slaughtered - on a Festival - in order to distribute their meat among the kohanim, but not for the portions - The parts of the sacrifices which were slaughtered on the eve of a Festival. Since there was sufficient time to conduct the lottery regarding them before the Festival, the Sages prohibited a lottery on the Festival itself (Gemara, Rashi). Rambarn interprets this differently: And they may cast lots for the portions of the sacrifices on a Festival, whether they were slaughtered on the Festival or on the eve of the Festival, in order to show their love of the commandment, but they may not cast lots on the Festival for the portions of the non-sacred produce (Rambarn, Commentary to the Mishnah).

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