A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Shabbat 4A - 4B (13th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
July 21, 2008
Duration
50:41

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

The discussion begins with a question from the Gemara in Shabbat, page 3b, where Abaye asks about the halachic status of a person's hand. Is it considered a private domain (reshut hayachid) or a public domain (reshut harabim)?

The Gemara immediately clarifies that a hand is neither a public nor a private domain. It cannot be a public domain, as evidenced by the case of Da'ani in the Mishnah. If Da'ani extends his hand into a private domain and the homeowner takes an item from it, the homeowner is not liable. If Da'ani's hand were a public domain, the homeowner would be liable for transferring an item from a public domain to a private domain. Similarly, it cannot be a private domain, as seen when a homeowner extends his hand into a public domain and someone takes an item from it. That person is exempt. If the hand were a private domain, the person would be liable for transferring from a private domain to a public domain. Since both parties are exempt in these scenarios, the hand must be an intermediate zone, a karmelit.

This leads to a practical question: if a person extends their hand, holding an object, into a public domain (which is often treated as a karmelit by rabbinic decree on Shabbat), are they permitted to bring it back inside? One is generally forbidden by rabbinic decree to transfer an object from a karmelit into a private domain on Shabbat. If the hand itself is a karmelit, then bringing the object back would be prohibited. However, if the hand is not a karmelit, but rather an extension of the body and thus considered part of the private domain, then bringing the object back should be permissible. The Gemara explores whether the Rabbis enacted a decree (knas) to forbid bringing it back.

The Gemara then attempts to reconcile two seemingly contradictory Baraitot. One Baraita implies that one may bring an item back, while the other implies it is forbidden. The initial suggestion is that one Baraita considers the hand a karmelit, while the other does not. However, this is rejected. The Gemara refines the understanding: a hand is only considered a karmelit if it is less than ten handbreadths above the ground, aligning with the rabbinic decrees concerning karmelit. If it is above ten handbreadths, the Rabbis did not extend the decree to treat it as a karmelit. Alternatively, the distinction might depend on when the hand was extended. If one extended their hand on a weekday (be'od yom) and then wished to retrieve the item on Shabbat, the Rabbis might permit it, as no transgression occurred on Shabbat itself. But if one extended their hand on Shabbat (b'Shabbat), the Rabbis might impose a knas, forbidding retrieval.

The Gemara questions this distinction. If the hand is an extension of the body, and the body is in a private domain, what is the problem with bringing the hand back? There is no inherent prohibition (isur) in doing so. The Gemara suggests that the knas should logically be the opposite: if one extended their hand on Shabbat, they might be more likely to drop the item if forced to hold it for the entire Shabbat, leading to a more severe transgression (isur melacha). Conversely, if they extended it on a weekday, dropping it on Shabbat would not constitute a primary transgression, as no act of transfer was initiated on Shabbat. Therefore, a knas would be more appropriate in the latter case to prevent any potential transgression, while in the former, it might be better to allow retrieval to prevent a more severe one.

However, the Gemara concludes that the Rabbis were not concerned with mitigating potential transgressions in this manner. They simply imposed their decrees. This leads to a discussion of a famous question posed by Rabbi Bayi: if someone mistakenly stuck dough to the side of an oven on Shabbat (hidbik pat mitanur), should we permit them to remove it (riduy) even though this is a rabbinic prohibition, to prevent the more severe Torah prohibition of baking (afiyah) from occurring? The Gemara implies that just as the Rabbis were strict with their knas regarding the hand, even if it might lead to a more severe transgression, they would not permit a rabbinic transgression to prevent a Torah transgression.

The Gemara then rejects this comparison. The case of the hand and the oven are distinct. The two Baraitot regarding the hand are reconciled by distinguishing between whether the person extended their hand by mistake (bishogeg) or intentionally (b'mezid). If by mistake, they are allowed to bring it back, as there is no inherent transgression in doing so. If intentionally, the Rabbis impose a knas, forbidding retrieval, because such an act shows disregard for Shabbat and could easily lead to a severe transgression if the item were dropped into the public domain. This distinction, however, does not apply to Rabbi Bayi's question, because in his case, even removing the bread by mistake (riduy) is itself a rabbinic transgression, whereas bringing the hand back bishogeg is not.

A new approach to reconciling the Baraitot is offered: both cases involve someone acting by mistake (bishogeg). The dispute between the Baraitot then hinges on whether we impose a penalty on someone who acts by mistake (kansosh shogeg atu mezid) to deter intentional transgressions. One opinion holds that we do, while the other believes we do not, allowing the person to retrieve their hand.

The Gemara then offers a more definitive resolution, stating that there is no knas at all. The hand, being an extension of the body, is always considered part of the private domain. Therefore, bringing an object back into one's own private domain is always permissible. The Baraita that seemingly forbids it is not referring to bringing the item back to oneself, but rather to a different private domain (chatzar acheret). In such a case, one is transferring from one private domain to another, which is prohibited if one's intention is to discard the item. The Rabbis decreed this prohibition to prevent the person from eventually discarding it into a public domain. However, if the intention is to bring it back to one's own private domain, it is always permissible.

This leads to a student's question to his Rabbi: if the hand always follows the body, and the body is in a private domain, what difference does it make where the item is placed? It should always be permissible to bring it back. The Rabbi responds with a teaching (chinuch) after instructing the student to perform a small service (tashmish kal) to demonstrate humility. The answer is that the Rabbis only enacted a decree when a person's wish (machshavato) was fulfilled by discarding the item into another private domain. In such a case, they worried that the person might eventually discard it into a public domain. But if the item is brought back to one's own private domain, the wish to discard it is not fulfilled, and thus no decree is necessary.

Returning to Rabbi Bayi's question about the dough in the oven, the Gemara clarifies the scenario. It's not about the person who put the dough in by mistake forgetting about it, but rather realizing their mistake and asking if they can remove it before incurring a severe penalty (chayav chattat or even sekilah). The Gemara initially suggests that the question is whether others (friends) can remove it for him. However, this is rejected, as one cannot commit a sin to save another from a sin. The question must be whether the person who put the dough in can remove it themselves to avoid a more severe transgression.

Tosafot challenges the Gemara's premise that one cannot commit a sin to save a friend from a sin. Tosafot brings several examples from across the Talmud where a minor transgression is permitted to prevent a more severe one, even for another person. For instance, in Eruvin, a scholar (talmid chakham) who permits an unlearned person (am ha'aretz) to eat fruit from his tree, knowing it has not been properly tithed (tevel), is assumed to have taken tithes even in a way that is usually rabbinically prohibited (she'eino min hamukaf), to save the am ha'aretz from the severe prohibition of eating tevel. Tosafot also cites the case of an Eved Kanaani (Canaanite slave) who is half-free and half-slave, where the other master is compelled to free him, even though freeing a slave is generally prohibited, to allow the slave to marry and fulfill the mitzvah of procreation (piryah v'rivyah). Another example is a Kohen with a blemish (yabelet) who needs it removed to serve in the Temple; a friend is permitted to remove it, even if it involves a rabbinic prohibition (shevut), as it is done in an unusual manner (ayidei shinui). Finally, Tosafot mentions a half-free, half-slave woman who is prone to promiscuity; the Rabbis permit her full freedom to prevent her from committing illicit acts (zanut).

The Gemara's response to Tosafot's first question regarding the tithes is that the scholar is the one who caused the am ha'aretz to sin, and therefore he is obligated to rectify the situation. This is different from saving someone from a sin they initiated themselves. However, Tosafot rejects this distinction, arguing that even a general permission to avoid a sin should apply. Riva then offers a distinction: in the case of tevel, no transgression has occurred yet, so a minor transgression is permitted to prevent a future, more severe one. But in the case of the dough in the oven, the act of putting it in (ma'aseh isur) has already been done, and the transgression is already in motion. In such a case, we do not permit a rabbinic transgression to stop the completion of a Torah transgression.

The discussion then turns to a hypothetical case: if someone places dough in an oven one minute before Shabbat ends, and it bakes after Shabbat, are they liable? The Minchat Chinuch argues that since the actual baking (the completion of the transgression) occurs after Shabbat, there is no liability. The proof is from Rabbi Bayi's question, which assumes that the transgression of baking only occurs when the bread is fully baked. However, Rashash disagrees, arguing that the act of placing the dough in the oven on Shabbat (ma'aseh ha'isur) is what makes one liable, even if the baking completes after Shabbat. He brings a proof from sowing a seed on Shabbat, where one is liable even though the growth occurs later. The counter-argument is that sowing is inherently an act of planting, whereas placing dough in an oven is not inherently baking; the baking is a subsequent process.

The Shulchan Aruch rules that if one places bread in an oven on Shabbat, even intentionally, they are allowed to remove it before it bakes, to prevent the more severe transgression of baking. This aligns with the opinion that we do allow a minor transgression to prevent a major one, especially when the major transgression has not yet fully occurred. The Shulchan Aruch further states that if one is acting by mistake (bishogeg), they are definitely allowed to remove it. This is a clear indication that the Rabbis prioritize preventing a severe transgression. This is also seen in cases where a Kohen with a blemish is allowed to have it removed, or where a pot left on the fire by mistake on Shabbat can be removed to prevent it from cooking further, even if it involves a rabbinic prohibition, because the water is not muktzeh.