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

Torah Lecture

Siman 322b

Lectured by Rabbi Eli Mansour

Published
April 10, 2024
Duration
38:59
Lecture code
REM-AR-764

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.

O nitleshu min haginah (or were uprooted from the garden). Yesh perot shenashru (there are fruits that fell from the tree), or, I guess, a goy (non-Jew) pulled them out of the garden. Asurim bo bayom (prohibited that day). Lich'orah (apparently), why? It’s not nolad (newly created); the fruit was there already. So what’s the problem? Gezerah shema ya'aleh veyitlesh. Aha, a gezerah. You might come to do it yourself.

Ken katav haRambam (Maimonides) beperek kaf alef, vechen hu berish Beitza (Egg). Uvevadai shegam belo zeh asur mishum muktzeh (set aside), kevan shehaytah bimchubar bein hashemashot. That’s right, you had no access to it. Bein hashemashot—you couldn’t access it—so it became muktzeh. Ve'afilu Rebbi Shimon modeh bemuktzeh zo dimchubar, dehavi kidichuya beyadayim digrogerot vetzimukim (like fruit deliberately set aside to dry). Right, even Rebbi Shimon agrees that when you docheh beyadayim (set something aside by hand), like when you put the grogerot on the roof to dry, you pushed them out of use.

So therefore, lich'orah, what do you need another gezerah for? What was the matter with just saying it’s muktzeh? Why do you have to tell me shema yavo veyitlesh (lest one come and pluck)? That’s also derabbanan (rabbinic). What would happen with muktzeh? Besides, muktzeh, rabotai, you finish easily. Omnam lif'amim leit kan muktzeh (sometimes there is no muktzeh here), and the problem is that sometimes there won’t be muktzeh. What’s the case here? Kegon sheha'ilan omed bachotzer, veyesh lah orvim shedarkam litlosh, veyada tov me'erev Shabbat sheyitleshuh beShabbat, veleit kan muktzeh. Aha. In a case where it’s not out of your mind, because you know the orvim are going to knock the fruit down, there is no muktzeh.

Velif'amim leit kan gezerah deshema ya'aleh veyitlesh. Degezerah zo eino ela be'ilan sheberega achat toleshet veyishkach kerega haShabbat (a decree applying only to a tree, where one can pluck fruit in a moment and forget that it is Shabbat). Aval perot hatemunim ba'aretz, kemo zar'onei ginah shetzarich mara vechatzina lachafirah, bazeh leit kan gezerah, shebemeshech ha'et yizkor sheShabbat hayom. Lachen tzarich ta'am muktzeh. Exactly. Something buried in the ground, like a radish, requires a shovel and a hoe. By the time you get that equipment, you’re going to remember it’s Shabbat, so there’s no gezerah in that case; you have the muktzeh issue. So they complement each other. Sometimes it’s one, sometimes it’s the other, and sometimes it’s both. Sometimes it’s both. Yeah, basically. Muktzeh.

Ule'erev mutarim haperot miyad. Aha. Ule'erev, either way, la'erev it’s mutar (permitted). Ve'ein tzarich lehamtin bichdei sheye'asu (there is no need to wait long enough for the work to be done), dekevan shelo na'aseh bahem melechet issur, sheharei me'alehem nashru, lo gazru al zeh lehamtin bichdei sheye'asu. Normally, we said that if somebody did a melachah (prohibited labor) for you on Shabbat, you have to wait. Here, nobody did the melachah for you; it happened by itself. Since it happened by itself, you have no problem of bichdei sheye'asu, and you can benefit from the fruit miyad (immediately).

Okay, I’m reading in Beitza. O'chlei behemah ein bahem mishum tikkun keli. You know what? You might have the zechut to read the halachah in the Shulchan Aruch (Set Table), so even better. Aha. Open to shin chaf alef, shin chaf bet, gimmel, halachah gimmel: Perot shenashru min ha'ilan beShabbat asurim bo bayom, ule'erev mutarim miyad (fruit that fell from the tree on Shabbat is prohibited that day and permitted immediately at night). Okay, you can’t get a more straightforward halachah than that. Perot shenashru min ha'ilan beShabbat asurim bo bayom, ule'erev mutarim miyad.

Mishnah Berurah (Clarifying Mishnah): Perot shenashru. Perot shenashru, afilu im safek shema nashru beShabbat gam ken asur (even if it is uncertain whether they fell on Shabbat, they are also prohibited). Okay, even safek (doubt). Ve'ayein biPesachim (Passover sacrifices) nun-vav, de'afilu im kavanato lemitzvah lehafkir otam la'aniyyim sheyochlu otam bishnei batzoret. Wow. His intention is for them to fall off the tree so the aniyyim can get them and eat them in a year of famine. It doesn’t matter. Gam ken asur, de'af shehuttar lahem leha'achil et ha'aniyyim demai, mikol makom lo huttar lahem la'avor al shevut (rabbinic prohibition) deShabbat veYom Tov. Unbelievable. Not every shevut is the same. Demai—we let an ani eat it; that’s an issur derabbanan. Demai—we don’t know if ma'asrot were taken; but with an issur derabbanan of Shabbat, we’re not going to be mekil (lenient) for aniyyim. Beautiful.

Min ha'ilan beShabbat, vehu hadin zera'im veyerakot hanimtza'im beginot asur le'ochlan, ve'af letaltelan, shema nashru hayom. Uda, de'afilu im yode'a shenashru be'erev Shabbat, eno mutar rak lelaket echad echad ule'ochlo. Oh, interesting. Even if they fell before Shabbat, let’s say you have a bunch of apples lying on the ground, you can go on Shabbat and take only one at a time. Aval le'esof kamah perot beyachad, yesh bazeh issur gamur. That’s me'amer (gathering produce). Udelekaman besiman shin-mem se'if tet-vav, dekol davar hamakabetz mimakom gidulo domeh leme'amer. Right, you’re gathering fruit from where it grows, namely the field, so that’s another issur called me'amer—you’re gathering. Ve'ayen sham baMishnah Berurah dekarov deyesh bazeh chiyuv chatat. Okay, whoa, whoa. Asurim, mishum shema, tzarich lehamtin. Shema ya'aleh veyitlosh. O shema ya'aleh veyitlosh, vegam mishum muktzeh, dekevan de'itkatzai mida'atehu bein hashemashot, dehayah az mechubar, itkatzai lechulei yoma.

Right, the Mishnah Berurah didn’t give you the nafka minahs (practical difference). That’s what we saw in the Aruch Hashulchan (The Set Table): he gave us a nafka minah. Vedavar zeh mutar miyad ve'en tzarich lehamtin bikedei sheye'aseh, kevan shelo na'aseh bahem melachah, lo gazru bazeh. Chazak uvaruch! That’s right. Look at the Mishnah Berurah; look at Chacham Magari’s book. Look at five. Ulechen afilu im hitnah da'ato be'erev Shabbat, she'im yipol haperi beShabbat yitlenu. So there’s no muktzeh. Shebehai gavna lo shayach migu de'itkatzai (since it was set aside), asur mishum gezerah zo. Right, like we saw in the Aruch Hashulchan, so he brings it down.

Okay, next. Now to shin-nun-gimel, halachah heh, in the Aruch Hashulchan. Amrinan beBeitza. I hope we read until we get through this. Yesterday we did bet. Shabbat shele'achar Yom Tov noda bazeh asur bazeh (A Shabbat after a festival: what is known for one is prohibited for the other). Yeah, we read it. That was the whole gezerah. Shabbat shele'achar Yom Tov o lefanav, noda bazeh asur bazeh. That was the whole basis of the first halachah. Right, noda bazeh asur bazeh, because it’s mechin: Shabbat mechin leYom Tov, Yom Tov mechin leShabbat (Shabbat prepares for Yom Tov, and Yom Tov prepares for Shabbat).

Okay, next: Amrinan beBeitza, ma'achal behemah en bahem mishum tikkun keli. What does this mean? There’s no problem of tikkun (fixing) on Shabbat with animal food. What does that mean? Deyesh lif'amim, veyesh lif'amim issur be'asiyat davar she'eno kelum, ve'im kol zeh keli hi, veha'oseh otah chayav chatat. Even though you didn’t make a keli (utensil), there are certain things that, if you fix them on Shabbat, could make you chayav chatat (liable for a sin offering). What’s the case? Kegon shenotel kesam. There, a kesam (wooden splinter). A kesam is a thin piece of wood, and you fix it to make a toothpick so you can take something out of your teeth. You fixed this piece of wood and made it into a toothpick on Shabbat; that’s chayav. Umetaken otam lachatzotz bo shinav. Lachatzotz bo shinav, af al pi—af al gav delav kelum hu. Even though it’s nothing. I mean, what is it? You didn’t make a keli. Is that a keli? It’s a piece of wood, but the bottom line is that it has a function. Mikol makom, shem keli al zeh, sheharei mishameshet lachatzotz hashinayim. That’s right.

Uzehu bechesam, aval bekash o teven. Teven. That’s straw or hay that you prepare to feed the animals. Hara'uy lema'achal behemah, ein bahem mishum tikkun keli. Umutar letaken kash o teven la'asot bo shinav. Ah, so you can take kash and teven and fix them to put them in your mouth to take something out, like a toothpick. Umutar lekotmo. You can cut it, afilu besakin (even with a knife), to make it fit for this use. Vehata'am de'achilah hu muchan lechol tzorech. Ah, that’s the rule. Anything considered ma'achal (food), even for an animal, can be used for anything. Sheharei ani le'echol be'eizeh ofen she'ertzeh. Right, I can eat it the way I want. I can cut it before I eat it. It’s food, bottom line. You already made it into a toothpick, but it’s still food. Before I ate it, I could have made it into this shape if I wanted to. Im liktom, im lishbor, vechen hi ma'achal behemah, ve'ein al zeh shem tikkun keli, aval—right, period. So there’s no tikkun keli by ma'achal behemah; that’s a kelal (general rule).

Aval keisam, keisam asur litol lachatzotz bo shinav, afilu ein tzarich tikun lishmah. Wow, you can’t even use a keisam even though it’s already fixed. Gezeirah that you might come to fix it. Shema yavo letakno veyitchayev chatat, im katmo lazeh. Wow. Vechen pasak haRambam. A toothpick is already made in the factory. This you have to make yourself. So if it was a keisam, you can’t use it because you might come to make it yourself.

Ve'im hizmin ore'ach lise'udah beShabbat, velo hayah lo penai lehachin keisam. So he has a guest over and didn’t prepare the toothpicks. In the old days, their teeth were not like, you know; they had to get the food out. It says, hitiru lo bishvil kevod habriyot (human dignity). Ah, look at that. Kevod habriyot: they let the person make the keisam, because really it’s not a keli. Right? So they let him do it. To take the keisam? Could you take the keisam, too? Hitiru lo. So that’s the question: what were they matir (permitting)? It sounds like they might have been matir only one that was already made, one that was already loose. They’re not going to make a gezerah that you might come to make it. At the bottom, it says, “im lo ... shinayim sheyitol keisam,” because it’s a bizayon (disgrace). In those days, if someone had food in his teeth, that kind of thing, it was a bizayon.

Look at the alef at the bottom: UveSha'ar HaTziyun (Gate of Citation): hitiru gam liktom beyad. Look at that! Not only did they let you use one that was already made; they even let you make a ketimah (cutting) by hand, because making the ketimah is only asur miderabbanan (rabbinically prohibited), and bimkom bizayon lo gazru (they did not enact a decree where there is disgrace). Okay? That’s already a big chiddush (novel insight): they waived the rabbinic prohibition in this case.

Okay, look at vav. Vechen bidvarim ha'omedim lehari'ach—lerei'ach. Ah, so now you have items that are meant for smelling, not for eating. Ein bahem mishum tikkun keli. Tikkun keli. Ah! Even something that is omed lehari'ach (intended for smelling) does not have the problem of tikkun keli. So not only food and animal food, but also items meant for smelling. Velachen mutar liktof atzei besamim (fragrant branches), atzei besamim lehari'ach bahem. Okay, so you can take atzei besamim, cut them, and smell them. Cut them from the ground? Not from the tree; make a smaller piece. You can take the hadas (myrtle) on Shabbat, break it in half, and smell it; no problem.

Ulehanif bahem lecholeh, wave them in front of the sick person so he gets the smell. Kedei efshar shemutar lehanif. Right, no problem. Vekotmo, umutar lekotmo beyado. Right, meaning you can cut it with your hand. No problem. Aval lo bikhli. Right, you can’t use a keli. I’m going to use a keli. Af al pi—ve'af al gav de'ochlei behemah mutar afilu. Ah, the rest of the halachah we said: ochlei behemah, you can even cut with a keli. And now you tell me atzei besamim can’t be cut with a keli. Machmirim be'atzei besamim, keivan she'ein omedim la'achilah. Okay, a little more chumra (stringency) with the besamim: you can only do it with your hand.

Umollo beyad lehari'ach. Right, you’re allowed to take the besamim and rub it like this; sometimes the leaves come off, whatever it is, to smell it. Echad atzei besamim kashim ve'echad rakim. Okay. Aval leholid rei'ach asur. We’ll learn the laws of molid rei'ach (creating a fragrance); that’s a separate halachah.

What’s the issur (prohibition) with breaking the branch? No, he’s telling you it’s okay because if it’s not ochel (food), you have a problem of tikkun keli. Tikkun keli, derabbanan; but it’s tikkun keli. Bechavod, Ezra. Daled in the Shulchan Aruch: Ochlei behemah ein bahem mishum tikkun keli. Okay, rabotai, animal food has no problem of tikkun keli. Therefore, lefikach mutar liktom, afilu besakin, kash o teven lachtzotz bo shinav. No, you can even take a knife and cut the kash and teven to make a toothpick.

Aval keisam she'eino ochel behemah. Okay, the keisam, the piece of wood. Afilu letolo kedei lachtzotz bo shinav asur. Right, even taking it as it is is prohibited, even though it’s already made. Look at the Mishnah Berurah. Start at ochlei behemah, tet: Ochlei behemah rotzeh lomar davar shera'ui la'achilah livhemah. Mashma bagemara de'afilu ein omed bishvilam, kegon etzim rakim shera'ui lahem la'achilah, gam ken lo mitkarya aleihem shem keli. Right, even if it’s etzim rakim (soft wood). Even if they’re not really going to eat it, it’s ra'ui (fit for use). Ra'ui. Mishum tikkun keli. Umutar af betiltul, davar hara'ui la'achilah muchan. Muchan, yes, that’s not muktzeh. Animal food is not muktzeh.

Lefikach, veyesh shesovrim dedavka kegon zeh she'oseh mimenu keli lechatchilah, lo shayach tikkun keli, aval im metaken keli asui kevar bedavar ochel, kegon sheyesh nekev bikli, venoten chatichat lechem vechotcho lefi midat hanekev, shayach bazeh tikkun keli. I mean, I guess if you use food to fix a keli. Here you’re using the food itself and making a keli out of it. But if I use the food to plug a keli, that’s a problem. Okay, we understand.

Afilu besakin. Ve'afilu hu makpid al hamiddah. Yeah, even if he’s making a certain size and all that, it doesn’t matter. Ein bazeh mishum chashash issur machamat mechatech, keivan dedavar ochel hu. Okay, look at Gavriel’s book; he gives a practical halachah for this. Lachen mutar lachtoch lechem o naknik. Yeah, lechem, bread, you can cut bread. O naknik, a hot dog. Cut it into small pieces; it’s food. Vechen peirot veyerakot. Yeah, no problem, fruit. Af im makpid lachtoch lifrusot shavot. A lady cutting fruit on Shabbat doesn’t have to worry about cutting it; she’s careful to cut all the fruit the same size, and it’s no problem. It’s food. There is no making a keli with food, begodel mesuyam.

Further down: Vechen bimchonah yadanit, lachtoch lechem vechadomeh. Wow, you have a machine that cuts bread into equal slices. That’s not called chotech or mechatech, or boneh (building), or keli, whatever you want to say. You can use these items. Yeah, you take the egg thing, exactly! Put the egg thing in the item—whoosh—and open it up like that. No issur on Shabbat; it’s food. Even besakin. That’s what Yalkut Yosef (Joseph’s Collection) says. Okay, beautiful.

Turn the page. Look at the Mishnah Berurah, afilu letolo. Now, in the case of a keisam, it’s not ra'ui lema'achal behemah, so you can’t even use it on its own. Rotzeh lomar: afilu netilah stam bli ketivah, asur mishum muktzeh keshe'ar ha'etzim. Right, since it’s not ra'ui for anything. Vechol sheken (all the more so) im yirtzeh lekotmo kedei lachtzotz bo shinav, de'asur mishum shevut (rabbinic prohibition), dehu ke'ein tikkun keli. Oh, the Rambam says it’s a gezerah. Once you use it, it’s as if you’re metaken (fixing) it.

Vedavka im kotmo beyad, de'az patur mechatat mishum dehavei melachah keli'acher yad (an unusual manner of performing labor), aval asur mishum shevut kemo shekatavnu. Aval im kotmo bichli kedei lachtzotz bo shinav o liftoach bo delet—right, you want to use it like a key or something, to make it into an item—az chayav. Because now you’re making a keli. Dehu keli al yedei zeh vechayav.

Ve'asur, ve'af deyesh bazeh mishum kevod haberiyot. Right, sometimes, if nir'eh habasar shebein hashinayim (food is visible between the teeth). Sometimes a person has food in his mouth, and it’s a genai (disgrace). Afilu hachi asur, dehayah lo lehachin keisam me'etmol letzorech se'udah. Right, he should have done it yesterday. Uvezeh, behizmino chaveiro lise'udah beShabbat, velo hayah efshar lo lehachin shum davar me'etmol lachtzotz bo shinav. Right, he didn’t know the person was coming; the person showed up. Mutar lo letaltel keisam lachtzotz bo shinav, im ein lo davar acher. All right, so he says you can take a keisam and give it to him.

Ach, she'ein achshav lo zeh ligmai, asur. So look at the Sha'ar HaTziyun. The Sha'ar HaTziyun says, look at yud-bet: ayen Pri Megadim (Fruit of Delights), umetzaded dahu hadin demutar liktom hakisam beyad. Wow, you can even make a ketimah by hand, kedei lachatzotz bo shinav, im i efshar lo lachatzotz bo belo zeh. Why? Because we’re saying the ketimah is only derabbanan, and derabbanan bimkom genai, kevod habriyot, it’s going to be mutar. Okay, that’s basically the halachah.

All right, number seven: Kisam shelo kedei lachatzotz bo shinav, asur. Okay, that’s talking about taking a regular kisam that’s not ma'achal behemah and wanting to use it as a toothpick. Asur; it’s ordinarily wood. Uvedavka keshelo hitkino vehichino lekach, aval im hitkino vehichino lekach me'erev Shabbat, mutar, sheharei asa'o keli. There you go, like a toothpick that was made before Shabbat. We don’t make a gezerah that you can’t use a toothpick on Shabbat. We’re talking about something that wasn’t ra'ui going into Shabbat, and now you want to make it ra'ui; that’s already a problem.

Ve'im hu muchan umetukan lekach, af al pi she'oto kisam hu davar kal me'od, vevaddai yishtaber rosho al yedei chatzitzat shinav, ein bekach kelum, ve'ein mechayevim oto lachatzotz shinav davka benachat. Right, even if it’s a toothpick like that and it’s sure to crack when you put it in your mouth, there’s no problem. Once it’s already a keli, if it breaks, there’s no issur of breaking a piece of wood that’s no longer attached to the ground. So even if you put it in your mouth and it breaks a little, so what? What’s the difference? Maybe mechatech (cutting to measure); maybe you’re not allowed to break a piece of wood on Shabbat.

Okay, now we get to Sukkot (Booths). Eged, eged shel hadas veshe'ar. Here we have a bunch of hadasim (myrtle branches). Every Shabbat. Bish'ar isvei vesamim she'osim milavlevei temarim, kol zeman shehahadas veha'asavim agudim bo, mutar lachatzotz shinav berashei ha'etzim. Okay, you’re allowed to use the hadas to lachatzotz bo shinav. Why? Because it’s ra'ui lehari'ach bo (fit for smelling). Anything we said is ra'ui lehari'ach bo is okay.

Ela gam le'achar shehutru mehahadas, shenish'ar ha'eged levado, gam ken mutar lachatzotz bo shinav, sheharei adayin torat keli alav, keshe'od efshar le'egod bo hadas ve'isvei vesamim bekesher hamutar beShabbat. Vehainu davka be'odo lach, aval im nityabesh, she'eino ra'ui le'egod bo, vehu eino ma'achal beheimah, asur. Basically, you have a lulav (palm frond) with the hadas tied around it. Not only are you allowed to use the hadas, but you can even use this eged to be chotzetz shinav (to clean your teeth). The eged is already muchan. He’s giving a condition: only if the hadas is suitable. When the hadas is tied up with the lulav, he’s telling you that you can use the hadas and the eged to be chotzetz shinav. Hadas—we’ll have a chiddush on that; that’s the next halachah. Anything that’s ra'ui to smell. Vehainu davka be'odo lach. Continue.

Poh irenu Bagdad (Baghdad), darkam la'asot menifah. But if it dries out, so it’s not ra'ui to tie the hadas with it, and it isn’t ma'achal behemah, it’s asur lachatzotz bo shinav, unlike a kisam that isn’t prepared. When it’s lach, it’s ra'ui le'egod bo hahadas, so it becomes like the hadas. Once it becomes dry, it’s not ra'ui le'egod bo hahadas, and it’s not ma'achal behemah, so then it becomes like a kisam, like a stick.

Poh irenu Bagdad darkam la'asot menifah, menifim bah leru'ach. Ah, they make fans to fan themselves on Shabbat. What do they do? Ve'osim otah milulavim shel temarim she'einam re'uyim lema'achal beheimah. Okay, they make it from the lulav. They take the leaves of the lulav somehow and make a fan out of them. Vechashe'asher tibleh hamenifah, now it gets worn out, yuchal ha'adam lachatzotz bah shinav berashei hakisamim hayotzim min he'anaf be'odam mechubarim bah, ve'ein tzorech liktom otam kelal. Vezeh mutar beShabbat, she'ellu hakisamim shehu chotzetz shinav berosheihem, odam mechubarim. Basically, he’s saying that as long as it’s part of the fan, it’s a keli. So I could use it; odam mechubarim vetachuvim bah. Yesh torat keli aleihem.

Ach yizaher lachatzotz shinav. Wow, it was a whole study in those days about how to clean their teeth. We don’t have this. Ach yizaher lachatzotz shinav min ha'atzamot shel of, she'im ya'aseh bekisam av chotzetz, nishbar bevaddai, ve'over bifssik reisha (an inevitable consequence). Well, what’s the problem? She'im lo chen, az lamah matzinu bedivrei haRama she'asur lenakot habegadim al yedei mivreshet ha'asuyah mikisamim, shelo yishaveru kismeihem? A brush? Wow, so he sounds like you have to be careful not to break them.

Continue: Rav Pe'alim (Deeds of the Rav), Ben Ish Chai (Son of the Living One). Vegam yesh leha'ir mimah shekatav Ben Ish Chai vehuva le'eil besamuch, shemutar lachatzotz shinav bekisam af im oseh bechozek, uvavaddai yishaver. Ben Ish Chai said it’s okay even if it’s going to break. She'eino ela mekalkel (destructive act). Ve'efshar deshani hatam, shemisheyishaver hakisam ein lo vo shimush yoter, velachen sham mekalkel umutar. Mah she'ein ken legabei menifah, shegam im yishaveru mimenah kamah kisamim adayin shem keli aleha, velo chashiv mekalkel. Ah! The difference between the other case and this one is that over there it’s mekalkel when you break it. Mah she'ein ken, over here it’s not mekalkel because it’s still ra'ui for a fan. So therefore it’s a problem if you break it. It’s only mutar to break something if it’s mekalkel.

Look at the last one. This may be something you can use to lachatzotz shinav begafrur (with a match). Suppose somebody wants to take a match on Shabbat and use it. What would you say, it’s muktzeh? The question is, how do you look at a match? What level of muktzeh is it? Yesh osrim shedin hagafrur kedin etzim shelo huchanu ela lehasakah. Ah, if you don’t look at it as etzim, it’s a piece of wood; it’s not ra'ui to eat, it’s not a keli, so therefore it’s a problem. Veyesh matirim dechashiv kekli shemelachto le'issur (a utensil used for prohibited work). Wow, if you consider a match a kli shemelachto le'issur, its primary function is issur, so a kli shemelachto le'issur letzorech gufo (for its permitted use) is mutar. Shemutar letzorech gufo umekomo. Ken ha'ikar. Wow, that’s a big chiddush!

You want to check Daily Halacha (Daily Jewish Law)? What did we conclude in Daily Halacha about matches? Do you consider a match a kli shemelachto le'issur? I understand what you’re saying: its primary function is issur, the lighter. So if you say a kli shemelachto le'issur letzorech gufo is mutar, what about matches? He doesn’t make any he'arah (comment) in the previous inyan (discussion) of the Ben Ish Chai? He tried to answer it. He tried to answer it; he made a chilluk (distinction).

Look at the next one. Vechol sheken she'ein lo lekotmo. Im mutar lachatzotz shinav be'anfei hadas beyom tov shel Sukkot, midei hadas alei hadas kedei letaknan? Talmud lomar: yesh omrim eitz mekutam lachatzotz bo shinav she'asu. Dehainu bekashim, aval berakim mutar. Yeah, what did we say? The summary says, “One should avoid using matches for a permitted function, such as for a toothpick, although there are those who are lenient.” What’s the logic? Give me the halachah there. What does it say? It’s not considered a keli. I forgot; I’d like to hear it. Let’s hear it.

“Chacham Yitzchak Berakha in his book Birkat Yosef on Hilchot Muktzeh establishes a principle based on the Gemara in Masechet Shabbat 124 that any item not considered a keli is completely muktzeh and may not be moved even for letzorech gufo or mekomo or to perform a permitted function. Therefore, a log of firewood is altogether muktzeh and may not be moved for any purpose. A log is not a keli, since it is only…” So he’s going to say, bottom line, a match isn’t a keli. “…consumed as soon as its purpose is fulfilled.” Ah! The way you use a keli means it remains a keli. Here, the way you use a match is by destroying it. So therefore it loses its status as a keli. So that’s not called a keli.

“Chacham Yitzchak applies this principle to matches, cigarettes, and charcoal as well. These items are not considered a keli since they are consumed and destroyed with their use. However, he cites Chacham Ben Tzion (Rabbi Ben Tzion), who distinguishes between a natural log of firewood and these items, which are designed and produced expressly for this purpose.” Ah! A match is made expressly for using it. Chacham Ben Tzion wants to say it is a keli because they made it for that. Something natural can only be used by destroying it. Here they made it to use, so it could have a shem keli (status of a utensil) even before you use it.

“Therefore he considers a match a keli, and it may be moved letzorech gufo, for a permitted function, such as a toothpick or a collar stay.” Collar stay—oh, that’s a good one. Someone wants to put a match over here as a collar stay. That’s a great one. That’s what Chacham Ben Tzion said. According to Chacham Baruch (Rabbi Baruch), no good. Hm. Rav Moshe Feinstein (Rabbi Moshe Feinstein) was stringent and did not view matches as a utensil, rather as firewood. Ah, Chacham, Rav Moshe Feinstein is machmir (stringent).

“However, all agreed that this line of reasoning does not apply to a disposable utensil whose function was prohibited, such as an aluminum foil baking pan. Although, like firewood, it too is discarded upon completing its function, there are two major differences: First of all—” Ah, now we got into chillukim. Fine. We got the match point. Yeah, but they have to—okay, match point, game, set. Better not to use it for You heard the machloket (dispute), rabotai. You heard the machloket.

Okay, rabotai, read number heh in the Shulchan Aruch. Mutar letaltel atzei besamim lehari'ach bahen ulehannif bahen lecholeh, lerei'ach velacholeh. Okay, so you’re allowed to take atzei besamim, and you’re allowed to wave them in front of a choleh (sick person), too. Umolelo lehari'ach bo—you can rub it against your hands to smell it. Ve'echad kashim ve'echad lachim. Okay.

Well, the notes: in the Mishnah Berurah, mutar letaltel, kegon leha'alot bahen bahen betoch munach. Hey, hey, hey, runaway train here. Look at mutar letaltel in the Mishnah Berurah. It says it’s mutar letaltel because it isn’t muktzeh; your mind is on it, you’re smelling it. Just like food isn’t muktzeh—your mind is on it. Lecholeh? Lecholeh, hu hadin livri (the same applies to a healthy person). Yeah, I don’t know why you have to say choleh. Hu hadin livri; bottom line is mutar. Right, even for a bari (healthy person). That’s right, that’s what he says. He just gave a case where you normally use it for a choleh, but it applies to a bari, too. Do you use it on Motza'ei Shabbat (Saturday night)? Ela derech lehari'ach lecholeh, mutar lehannif befanav.

Umolelo—tzarich lomar, lekotmo umolelo. Now that’s a chiddush. You can even cut the hadas, vekotmo umolelo. No problem. Somebody said not with a sakin (knife). Umelilah hainu she ... molelan bein etzbe'otav, between his fingers, to get the smell out. Uketimah nami mishum zeh, keshemari'ach. When you cut the hadas, that spot is moist, so the smell comes out. Or when you cut a branch, that’s where the moisture is and where the smell comes from. So you’re allowed to do that on Shabbat.

Vehiskimu harbeh acharonim deha demutar liktom bekashim, hainu davka beyad, velo bicheli. Okay. Af dehu kotem rak kedei lehari'ach. Wow, he says in the note that Chacham Ovadia (Wise Rabbi Ovadia), in Chazon Ovadia (Vision of Ovadia), volume daled, said that someone who is mekil to cut the hadas even with a keli has something to rely on. Wow. So we have the—yeah, you want to make the hadasim; you want to cut them. Treats it like food. Exactly, he’s treating it like food.

What do we do in the salon? The goy cuts it. The goy cuts it. So if we can break it—no, we can cut it. Oh, for sure, the goy can cut it. I mean, that’s already a machloket haposkim (dispute among the halachic authorities); you can rely on a goy. No problem for the goy to cut it, even if they cut it on Shabbat. That’s what I’m saying: kol sheken (all the more so) by a goy. He’s saying, if efshar lehakel (one can be lenient), say do it al yedei goy (by a non-Jew)? Al yedei goy? No, Marcelo was trying to—oh, Marcelo is trying to do it himself, trying to insinuate that you could do it yourself; it’s so easy. That’s what he’s saying: “Is that so easy?” Beyad, tov, efshar lehakel. No, beyad, no problem. He’s saying even besakin. We’re talking about with a knife; they cut it with a knife. You’re right, but Chacham Ovadia in Gary’s book says besakin mutar. You have Ovadia, so for sure al yedei goy—yeah, we can be lenient. Why? Because they cut the hadasim for us to use bemotza'ei Shabbat. For sure they cut them with a knife or scissors. No problem for the goy. What if the Jew says, “Oh, let me help you”? Yes, that’s a goy. Yesh lo al mah lismoch (there is something on which to rely). Yesh lo al mah lismoch. I mean, we’re not going to go to war over that.

Uchol kach asur liktom hahadas besakin, gezerah dilma ati liktom lachtzotz bo shinav. Ah, and then you’re going to make it a keli. That’s why you can’t use a sakin: you might come to make it a keli. Ve'afilu beyad eino mutar ela bekashin rak lehari'ach. Right. You can’t cut the hadas with your hands to make it a toothpick. That’s for sure.

Okay, rabotai. What if you wanted to use a piece of food to make a toothpick? Food you can. Because this isn’t food; this is only for smelling, not food. No. Aderaba (on the contrary), you see it’s totally different. Now look at echad kashim ve'echad rakim. Amir, want to read the Mishnah Berurah, yud-chet? Whether they’re hard or soft. Echad kashim haynu afilu kashim she'einam re'uyim kelal lema'achal. Right, even though they’re hard, so they’re not ra'ui lema'achal behemah at all, it’s still okay to cut them in order to smell. Afilu hachi mutar lekodman ufotzei'a bahem kol mah sheyirtzeh, bein im gadol o katan. Fine. Vedavka bechol zeh shehu rak lehosif rei'ach. You’re only doing it to give a smell.

Aval asur leholid rei'ach. Mah zeh leholid rei'ach? Kegon lehani'ach besamim bebeged. You’re not allowed to put besamim on a beged (garment) on Shabbat. It’s a separate issur. Vechadomeh kedei sheyehe habeged meri'ach asur. That’s very simple. A person can’t take cologne and spray it on a napkin or on his shirt or something like that. That’s asur. That’s called molid rei'acha (creating a fragrance). That is a problem, rabotai. That is a problem, rabotai.

Anybody know where 14 is in Gary’s book? Right there. So that’s a problem. Let’s look at one more halachah before we finish this tomorrow, rabotai, because we have to start the service. In Gary’s book on the next page, let’s say you wash your hands with scented soap, or mei zahar, and now you want to dry your hands on the towel, giving the towel the smell. He writes: Harochetz yadav beShabbat bemayim sheyesh bahem rei'ach tov, mutar lo lenagev yadav bemagevet, mipenei she'eino mitkaven leholid rei'ach tov bemagevet. It’s not mitkaven (intentional). It’s not mitkaven. Okay, we have to see more of these; there’s a lot here, rabotai. We’ll have to see all this tomorrow, this section about making a smell on Shabbat.

Baruch Hashem le'olam amen ve'amen. Amen ve'amen.