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Introduction to Shabbos

Shabbos 2

INTRODUCTION TO MASECHES SHABBOS

(1) AVOS AND TOLDOS - There are thirty-nine Avos Melachos (categories of creative acts) that are forbidden mid'Oraisa on Shabbos. Each Av Melachah has Toldos (sub-categories) that are also forbidden mid'Oraisa. A list of the Avos Melachos is found in the Mishnah on Daf 73a.

A person who transgresses one of the Avos or Toldos of Shabbos and was unaware that the act was a Melachah, *or* he was unaware that the day was Shabbos, needs to bring a Korban Chatas to atone for the sin. If he had full intent to do the Melachah, he may be liable to Kares (his life is cut short and/or his children will die out) or Sekilah (Halachic stoning). Kares applies if he was not warned, and two witnesses did not see the act. Sekilah applies if he did the Melachah after receiving a proper warning not to do it, and two witnesses saw him do it. (According to Isi ben Yehudah, transgressing a particular *one* of the thirty-nine Melachos never results in Sekilah, but it is not known which one - Gemara 6b and Tosfos ibid. DH Ha)

Besides Avos and Toldos, there are many acts that are forbidden mid'Rabanan, and the Gemara usually states that a person who does them is Patur (exempt; free of liability). The intention is that he is Patur Aval Asur (exempt from those punishments that apply to d'Oraisa transgressions, but the act is prohibited, and he is liable to punishment mid'Rabanan.) (Rambam Hilchos Shabbos 1:3).

(2) FOUR DOMAINS - There are four Reshuyos (domains) of Shabbos: Reshus ha'Rabim; Reshus ha'Yachid; Karmelis; Makom Petur.

(a) Reshus ha'Rabim (the public domain) includes thoroughfares, wide streets and plazas that can hold many people at the same time.

(b) Reshus ha'Yachid (the private domain) is comprised of private property, objects that have an area and height of at least four by four Tefachim by ten Tefachim, and ditches or pits with these dimensions. Reshus ha'Rabim and Reshus ha'Yachid are Reshuyos which are recognized by the Torah. Transferring from one to the other is prohibited mid'Oraisa.

(c) Karmelis is the term that the Rabanan gave to certain places and objects that are similar to Reshus ha'Rabim and Reshus ha'Yachid, even though they do not meet all the above requirements. They decreed that it have properties of both Reshus ha'Rabim and Reshus ha'Yachid, in order to prevent a person from doing a Melachah mid'Oraisa. Some examples of Karmelis are the sea, a desert and a raised platform or pole in Reshus ha'Rabim with an area of at least four by four Tefachim but with a height not greater than ten Tefachim.

(d) Makom Petur, in general, are those places and objects that do not fulfill *any* of the above requirements. Transferring from them to one of the other three Reshuyos is permitted, as long as it is not used to circumvent the prohibition of Hotza'ah. Some examples of Makom Petur are a doorstep with an area less than four by four Tefachim, a pole in Reshus ha'Rabim with an area less than four by four Tefachim and a height not greater than ten Tefachim and the air above Reshus ha'Rabim (above a height of ten Tefachim). See Charts #1-2.

(3) HOTZA'AH is the last of the thirty-nine Avos Melachos of Shabbos. It involves either (a) transferring objects from a Reshus ha'Yachid to a Reshus ha'Rabim, (b) Hachnasah, which refers to the opposite action, is part of the same category of Melachah, (c) Ma'avir Arba Amos b'Reshus ha'Rabim, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, (d) Moshit, which involves *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim above ten Tefachim (as described in the Mishnah on Daf 96a, see Background to Daf 4a). These are all biblical prohibitions.

(4) AKIRA & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akira (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akira and another does the Hanachah, only a rabbinical prohibition is involved, as the Gemara states on Daf 3a.

1) [line 1] YETZI'OS HA'SHABBOS
The last of the 39 categories of forbidden Melachos (creative acts) of Shabbos is ha'Motzi me'Reshus l'Reshus. A person is not allowed to transfer objects from one Reshus (domain) to another on Shabbos. It is a capital offense to transfer objects from a Reshus ha'Rabim (public domain) to a Reshus ha'Yachid (private domain) or vice versa (Mishnah Shabbos 73a). The Tana of our Mishnah uses the term Yetzi'os for both Hotza'os and Hachnasos. (See above, Introduction to Maseches Shabbos)

2) [last line] SHEVU'OS
A person can make an oath by using a name of or a reference to Hash-m and swearing to do or not to do something.

(a) If he unintentionally transgresses his oath, he is required to bring a Korban Shevu'ah. The Korban Shevu'ah is a Korban Oleh v'Yored. This Korban varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas. If he cannot afford this, he brings two Torim (turtle-doves) or two Benei Yonah (common doves), one as an Olah and one as a Chatas. If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas. (Vayikra 5:6-13)

(b) If he willingly transgresses his oath, he gets Malkos (lashes). However, if he swears *to do* something and doesn't do it, he does not get Malkos (RAMBAM Hil. Shevu'os 4:20)

(c) Using the example of eating a loaf of bread to illustrate the phrase Shtayim she'Hen Arba, the wording of the Shevu'os is: (1) I shall eat this loaf of bread; (2) I shall not eat it; (3) I ate it; (4) I did not eat it. (RASHI)

2b---------------------------------------2b

3) [line 1] YEDI'OS HA'TUM'AH
It is forbidden for a person to enter the Mikdash or eat Kodshim if he touched an Av ha'Tum'ah.

(a) If he knew that he was Tamei before and after the transgression, but forgot at the time he transgressed, he must bring a Korban Oleh v'Yored. This Korban varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas. If he cannot afford this, he brings two Torim (turtle-doves) or two Benei Yonah (common doves), one as an Olah and one as a Chatas. If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas. (Vayikra 5:6-13)

(b) If he willingly transgresses, he is liable to Kares and Malkos (lashes) (Vayikra 12:4, 22:3-4, Bamidbar 5:3, 19:20)

(c) The cases that illustrate the phrase Shtayim she'Hen Arba are: (1) the person forgot that he was Tamei when he ate Kodshim; (2) the person forgot that he was Tamei when he went into the Azarah (courtyard) surrounding the Beis ha'Mikdash; (3) the person knew that he was Tamei, but forgot that what he was eating was Kodshim; (4) the person knew that he was Tamei, but forgot that he was in a place that had the sanctity of the Azarah (RASHI)

4) [line 1] MAR'OS NEGA'IM
(a) When a person develops a mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen pronounces him Tamei, puts him in quarantine (Hesger), and returns after a week to see what changes, if any, occurred to the mark.

(b) A person who is *confirmed* to be Tamei due to the appearance of Simanei Tum'ah in the mark is called a Metzora Muchlat. The color of the hair inside the mark of Tzara'as is one of the determining factors in the decision of the Kohen.

(c) The phrase Shenayim she'Hen Arba'ah refers to the four marks that make a person a Metzorah Muchlat: (1) Baheres, which is the color of snow; (2) Se'eis, which is the color of clean, white sheep's wool; (3) Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash; (4) Sapachas of Se'eis, which is the color of the white membrane found on the inside of an eggshell (RASHI)

5) [line 6] AVOS ... TOLDOS
There are thirty-nine Avos Melachos (categories of creative acts) that are forbidden mid'Oraisa on Shabbos. Each Av Melachah has Toldos (sub-categories) that are also forbidden mid'Oraisa. A list of the Avos Melachos is found in the Mishnah on Daf 73a.

6) [line 23] RESHUYOS KETANI - (a) Read the Mishnah as follows: *Reshuyos* Shtayim she'Hen Arba. There are two Reshuyos involved in the prohibitions of Hotza'ah; Reshus ha'Rabim and Reshus ha'Yachid. They produce four prohibitions for the person inside the house (2 d'Oraisa and 2 d'Rabanan), and four prohibitions for the person who is outside of the house (RASHI); (b) There are various *domains* of Shabbos. With respect to them, we find two prohibitions mid'Oraisa which are four (two more mid'Rabanan) inside the house and two ... outside of the house (TOSFOS DH Reshuyos, citing RIVA)

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