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Shabbos 143

1a) [line 4] UD - (O.F. forgon) a poker, an instrument used to stoke a fire
b) [line 4] LITOL MEHEN UD - to take a piece of wood to use as a poker
2) [line 5] L'HASIKO - to burn as fuel
3) [line 8] KELIPIN - nutshells
4) [line 9] TAVLA - board
5) [line 10] SE'AR SHEL AFUNIN - the shells of peas and beans
6) [line 11] ADASHIM - lentils
7) [line 12] SEFOG - a sponge

8) [line 23] DAVAR SHE'EIN MISKAVEN
(a) A Davar she'Eino Miskavein is an act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted.

(b) The laws of a Davar she'Eino Miskaven (that it is permitted according to Rebbi Shimon or forbidden mid'Rabanan according to Rebbi Yehudah) apply only when it is not inevitable that a Melachah will occur as a result of one's action. However, when a Melachah will definitely occur as a result of one's action, it is termed a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since its death was an inevitable outcome of his act, and he is Chayav.)

(c) A person must have specific *intent* to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if a person does an action that *does* result in a Melachah being performed inadvertently, even Rebbi Yehudah will agree that the person is not obligated to bring a Korban, since the Melachah was done accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted *in the first place* to perform an action that may result in a Melachah. (See Insights to Shabbos 41:2)

9) [line 25] PESIK REISHEI
An act which will certainly result in a forbidden Melachah being unintentionally performed on Shabbos or Yom Tov is called a Pesik Reishei v'Lo Yamus (Literally, "[can one] cut off the head [of an animal] and it will not die?!").

(a) A Pesik Reshei is a type of Davar she'Eino Miskaven. Davar she'Eino Miskavein is an act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. However, when a Melachah will definitely occur as a result of one's action, this is a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.)

(b) Abaye (133a) initially thought that a Pesik Reshei is no different from any other Davar she'Eino Miskaven. When he heard from Rava that Rebbi Shimon agrees that a Pesik Reshei is forbidden, he retracted his opinion and agreed to Rava. Therefore, according to everyone, a Davar she'Eino Miskaven with a Pesik Reshei is forbidden.

(c) If the Melachah which inevitably occurs as a result of one's action is *not desirable*, he will not be Chayav according to Rebbi Shimon, because it is no worse than a Melachah she'Einah Tzerichah l'Gufah (103a, Tosfos). According to others, when the inevitable result of one's action is not desirable, it is even permissible to perform such a an act *l'Chatchilah* according to Rebbi Shimon, and it is like any other Davar she'Eino Miskaven (Aruch, cited in Tosfos 103a; see Insights to Shabbos 110:1). If the person is pleased with the Melachah that results inevitably from his action, then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah alike) agrees that one is Chayav and he must bring a Korban Chatas for atonement (as stated earlier (b)).

10) [line 26] TAMREI ARAMYASA - (a) Syrian dates which are of an inferior quality and are fed to animals (RASHI in our Sugya); (b) Syrian dates, which do not fully develop, and some flesh remains attached to the pit after the date is eaten (RASHI 29a)

11) [line 27] CHAZYAN AGAV IMAN - (a) the pits are not Muktzah because the entire date (the "mother" [Ima] of the pit) was fit to be fed to animals (RASHI in our Sugya); (b) the pits are not Muktzah since some of the edible flesh of the dates (the "mother" [Ima] of the pit) remains stuck to the pit (RASHI 29a)

12) [line 28] D'PARSEYASA - Persian dates, which are fully developed and no flesh is left attached to the pit after the date is eaten

13) [line 31] LAKNA D'MAYA - a flask/cup of water

14) [line 32] GERAF SHEL RE'I (a pan of refuse)
(a) The Rabanan enacted a prohibition of Muktzah against handling certain types of objects on Shabbos (the extent of this prohibition is the subject of an argument between Rebbi Yehudah and Rebbi Shimon; see Shabbos 45a and other places, and Background to Shabbos 44:3 and 44:5a-b).

(b) However, when an item of Muktzah which is disgusting is resting in a place where people would like to sit and they find it very unpleasant to sit near such a disgusting item, the Rabanan permitted the item to be removed, due to the honor of Shabbos which the item would otherwise be diminishing. For example, a pan of human or animal refuse, or a dead mouse, even though it is Muktzah, may be removed.

(c) It is not permitted to place a disgusting item in a place where people will want to sit, with the intention to move it later when people sit there and are disgusted by it. For example, while eating dates, one may not pile up the date pits in one place at the table in order to permit moving the pits when the pile becomes disgusting to those who want to sit there.

15) [line 34] ZARIK LEHU B'LISHNEI - would fling them with his tongue off the end of the table

143b---------------------------------------143b

*****PEREK #22 CHAVIS*****

16) [line 7] CHALOS DEVASH - honeycombs
17) [line 7] SHE'RISKAN - that he crushed (causing their honey to flow)
18) [line 9] LO YETAPE'ACH - he may not collect the oil in his palm and wipe it on the edge of the barrel

*19*) [line 9] SHE'LO YA'ASEH K'DERECH SHE'HU OSEH B'CHOL - that is, it is prohibited mid'Rabanan. (According to Rashi, this applies only to Yitpach b'Shemen; sponging wine is prohibited mid'Oraisa. According to the Rashba, it applies to both Yitpach b'Shemen and to sponging wine in the event that a sponge with a handle is used, which is only prohibited mid'Rabanan.)

20) [line 24] L'CHI SISHKACH - when you will find it, i.e. find it yourself
21) [line 25] TUTIM - berries
22) [line 27] V'HICHNISAN - and his original intent when he brought in the grapes and olives from the field (was either for eating or for pressing)

23) [line 34] L'RATZON (Hechsher Mashkeh)
(a) Foods become Tamei if they touch a source of Tum'ah, but only after they first become wet by coming into contact with one of seven liquids: water, dew, oil, wine, milk, blood and honey. Making foods wet in a manner that enables them to become Tamei is called "Hechsher." After Hechsher, even after the foods dry they can still become Tamei.

(b) The food can only become Tamei if the owner of the food was pleased with the liquid that wetted his food. This is learned from the Pasuk "v'Chi Yutan Mayim Al Zera..." - "If water has been placed on seeds and then the dead body [of a Sheretz] fell upon them, the seeds are Tamei." (Vayikra 11:38) The word "Yutan" in the Pasuk is written without a Vav and it can therefore be read, "Yiten" -- "he places." However, according to the Mesorah it is read "Yutan" -- "it was placed." From this we learn that water or other liquids that fall on the food must be desirable to the owner of the food, *as though* he himself applied them.

(c) It is necessary only for the owner to desire the liquid; he need not desire that the liquid come into contact with the food. That is, even if the owner desires the liquid for an entirely different purpose, if the liquid later comes into contact with food it will enable the food to become Tamei. On the other hand, if the owner only intended to dispose of the liquid it does not enable the food to become Tamei, since only liquids that are significant can cause Hechsher.

24) [last line] SHE'DAM MAGEFASAH - the blood of a woman's wound

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