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Week 11 - Wednesday - 9 Feb. 2000

SHABBAT: CHAPTER 23: MISHNA 5

They may make ready all the needs of a corpse, they may anoint and wash it, provided that they do not move its limb. They may take away the cushion from under it, and place it on the sand so that it will keep. They may tie the jaw not so that it will rise, but so that it may not increase. And, similarly, if a beam is broken, one may

support it with a bench or with the long ones of the bed not so that it will rise, but so that it may not increase. They may not close the eyes of a corpse on Shabbat, and not on a weekday with the departure of the soul. And if one closes the eyes with the departure of the soul, then such a one sheds blood.

Kehati

This mishnah teaches how to deal with a corpse on Shabbat.

They may make ready - on Shabbat, all the needs of - the things required for, a corpse, they may anoint - it with oil, and wash it - with water, provided that they do not move its limb - It is prohibited to move a corpse or any of its limbs on Shabbat, on account of muktzeh. It is permitted, however, to merely touch a corpse, as is the law regarding any object that is muktzeh: it may not be moved, but it may be touched.

They may take away the cushion from under it, and place it on the sand - I.e., they may take away the cushion so that the corpse will be lying on the sand, so that it will keep - so that it will not decompose from the heat of the cushions and the sheets. According to another interpretation, so that the corpse will be moistened in the soil, and will not decompose (Melekhet Shelomo,

Arukh).

They may tie the jaw - of the corpse, for the mouth of a corpse falls open not so that it - the partially-opened mouth, will rise - should be closed but so that it may not increase - open further. And, similarly, if a beam is broken -on Shabbat, one may support it with a bench - which may be moved on Shabbat, or with the long ones boards of the bed - that extend along the length of the bed on both sides for they, too, have the status of a utensil and they may be moved on

Shabbat, not so that it - the beam will rise - to its original place, for this would be building, but so that it may not increase - to break further.

They may not close the eyes of a corpse on Shabbat - not even after the departure of the soul, for it is prohibited to move any of the corpse's limbs, and - similarly, they may - not - close the eyes of the dead even - on a weekday with close to the departure of the soul. And if one closes the eyes - of the dead with - close to the departure of the soul, then such a one sheds blood - for it is possible that he thereby hastens the advent of death.

SHABBAT: CHAPTER 24: MISHNA 1

Whoever was overtaken by nightfall on the road gives his purse to a non-Jew; and if there is no non-Jew with him, he may place it on an ass. He reached the outer courtyard, he may take the vessels that may be handled on Shabbat; and those that may not be handled on Shabbat he loosens the ropes, and the sacks fall by themselves.

Kehati

Whoever was overtaken by nightfall on the road - on Friday, and he had money with him, gives his purse to a non-Jew - during the day (Rashi). According to another interpretation, even when night has fallen (Rosh ). The Gemara explains the reason for this law: "No one can restrain himself from preserving his property," i.e., one will not see that his property is about to be lost without taking steps to save it, and if he would not be permitted to give his purse to a non-Jew, he would take it in his hand and carry it four amot in the public domain;

and if there is no non-Jew with him - or he does not trust the non-Jew, he may place it on an ass -The Gemara explains that he places his purse on the ass (when night has fallen) when he is walking, and when the ass desires to stop, he takes the purse off the ass before it stops, so that this will not entail either removing or setting down. If he would not do so, he would transgress the prohibition of leading a loaded ass. As it is written, "you shall not do any manner of activity, you ... nor your cattle" (Ex. 20:10), which implies: what activity is done by a man and his cattle? That in which the animal is loaded with any load, and the person leads it. He may place his purse on the ass only if there is no non-Jew present with him. If, however, there is a non-Jew with him, it is preferable that he gives it to the non- Jew, instead of placing it on the ass, because the person is obliged to rest his animal on Shabbat, but one is not obliged to ensure the rest of a non-Jew on Shabbat. There now follows another law which does not refer to placing a purse on an ass. It refers to one who comes from a journey when Shabbat begins with his loaded ass. The mishnah teaches that when -

He reached the outer courtyard -the First courtyard in the city, which is a safe place, and he can set down his load there, he may take - from the ass directly the vessels that may be handled on Shabbat; and those - things - that may not be handled on Shabbat - he loosens the ropes - with which they are tied on the ass,

and the sacks fall by themselves - The Gemara states that if there were breakable objects in the sacks, and the sacks were small, he may bring cushions and bolsters which he places below the sacks, and the sacks then fall on the cushions. This is permitted because he may remove the cushions if he so desires. The cushions are not muktzeh because the sacks are small and light, and it follows that he does not thereby cancel the designated purpose of a utensil [i.e., the cushions]. If, however, the sacks were large, he may not set down cushions and bolsters so that the sacks will fall upon them, because it is prohibited to cancel the designated purpose of a utensil (Hameiri). Rambarn writes, "If the sacks were large and filled with glass and similar vessels, he may unload gently [see Maggid Mishneh], In any event, he may not leave them there on the animal, on account of the prohibition of causing suffering to animals" (1. Shabbat 21:10).

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