Shabbat 139 – Stricter laws for the ignorant

Rabbi Yose ben Elisha says, “If you see a generation upon which many troubles come – go and examine the deeds of the judges in the Jewish courts, because troubles come to the world only on account of corrupt judges, who use their influence for their own benefit. Ulla said, “Redemption will come to Israel through charity, following Isaiah: 'Zion will be redeemed through justice and its people through charity.'”

The people of Bashkar sent three queries to Levi, but by the time the messenger arrived, Levi died. Shmuel then said to Rav Menashia, “If you are sufficiently wise, answer them.” The question was about putting up a canopy on Shabbat (which, if it has even a small a roof at its top, is akin to building), and the answer given was “I have reviewed all considerations and have not found ground to permit this.” But he could have suggested a canopy which rolls to the side with a rope!? This would be permitted because it is obviously not building but opening or closing, or because adding to a temporary tent is permitted, only building it is forbidden. – The Bashkarians were not learned Sages, and they could have adopted other leniences, basing them on this one.

The second query was about planting – with the same result as the first, an extra stringent ruling. The third one was about burial on a Yom Tov holiday, and he told them that it was not allowed, either by a Jew or a non-Jew, either on the first or on the second day of the holiday. But there were other opinions that he could have followed!? Some allow burial by non-Jews on the second day, and others burial by non-Jews on the first day, and by Jews on the second! – Again, the Bashkarians were not learned Sages, and they could have adopted other leniencies, basing them on this one.

Art: Childe Hassam - Building the Schooner

Shabbat 138 – Straining wine

Rabbi Eliezer is known for allowing to prepare for a mitzvah on Shabbat. Since enjoying wine is a mitzvah, Rabbi Eliezer allows to pour wine into a strainer, if it was set up before Shabbat. Setting it up in the first place would be prohibited though, either because he is building a temporary tent, or because it is too similar to his weekdays activities.

The Sages do not allow preparing for a mitzvah on Shabbat and therefore do not permit straining the wine. What if he violated the law and strained wine on Shabbat? Rabbah says that he is doing the prohibited labor of selecting (removing the dregs), while Rav Zeira says that he is liable for doing sifting. As a result of this disagreement, the court cannot stop him, because the witnesses would need to give a clear unambiguous explanation of the prohibition, and here they can't; however, if he did it by mistake, he will have to bring a sacrifice whichever reason applies.

Rav said that in the future the Torah will be forgotten from Israel, following the prophecy that “God will make extraordinary things, and the wisdom of the wise will perish.” “Extraordinary” refers to Torah. But why should this be? If they forget the laws – let them learn the basics rulings, and if they forget the reasons – let them learn the Talmud! The answer is that the uncertainties like the above will plague them.

Rabbi Shimon said, “God forbid! The Torah will not be forgotten. Rather, there will not be a clear law (“Mishnah Berurah” in Hebrew) to follow, and everybody will have his own opinion on which law to correct.”

Art: Giacomo Francesco Cipper - A Peasant Pouring A Glass Of Wine

Shabbat 137 – Transgressing while attempting a mitzvah

Circumcision can be done on Shabbat, but only in it proper time, on the eighth day of the baby's life. If one had two infants to circumcise, one on Shabbat and one on Sunday, but he made a mistake and circumcised the Sunday one on Shabbat – then, since he did not accomplish a mitzvah, he needs to bring a sacrifice.

If two infants were to be circumcised, one on Friday and another one on Shabbat, and by mistake he circumcised the Friday one, on Shabbat, then Rabbi Eliezer still holds him liable, but Rabbi Yehoshua says that he is not: since he tried to perform a mitzvah and ended up actually accomplishing it, albeit circumcising a day late, he should not be punished for his attempt.

An infant may be circumcised, depending upon the calendar, on the eighth through twelfth day. The last case occurs when he was born at dusk on Friday evening and, since it is not known whether dusk is part of the day before or the day after, circumcising him on the next Friday may be too early, but on Shabbat it is not allowed because it may be too late. If in addition the next two days are Rosh Hashana, then he will be circumcised after all holidays, on the twelfth day. Of course, if the child is sick, circumcision is postponed until he becomes healthy.

Art: Joseph Rodefer DeCamp - An Infant

Shabbat 136 – How can we ever circumcise on Shabbat?

We learned before that one is allowed to perform circumcision on Shabbat, although he makes a wound – because circumcision has to be done in its proper time, on the eighth day, even it if falls on Shabbat. However, how could we really say so, if before thirty days it is still not certain that the child is a viable child!? Just look at the following ruling of Rabban Shimon ben Gamliel: any child that lives for thirty days is not suspected of being not viable, but before – it is, since redemption of a first born child applies only after thirty days, because then it is clear that the child is viable.

Rav Adda bar Ahavah said that the answer is clear, whichever way you look at it: if it is a viable child, the Torah told to circumcise it, and if it is not, then he is simply cutting (dead) meat, which is also permitted on Shabbat. However, the last fact is not universally accepted: a non-viable child is compared to non-viable animal fetus, about which there is a disagreement whether it is considered alive for slaughter.

The son of Rav Dimi had a child born to him. Unfortunately, this child died before he was thirty days old, and the rule is that in such a case mourning is not required, because perhaps the child was not viable. However, the son of Rav Dimi sat in mourning. The custom was to serve very tasty food to mourners, to lift up their spirits, and Rav Dimi asked his son, “Do you simply want to eat the tasty morsels that they serve to mourners?” However, Rav Dimi's son answered him, “I know through other means that this was a viable child.”

Art: Umberto Boccioni - Mourning

Shabbat 135 – Circumcision for an androgyne

Since someone who is androgynous may be predominantly a male or a female, he (or she) does require circumcision, but because he might be primarily a female, this circumcision is not performed on Shabbat. Circumcision involves making a wound, which is prohibited on Shabbat, so it is done only for a definite male, and in this case it will happen a day later.

However, Rabbi Yehudah finds an indication in the Torah that androgyne is a special case and must be circumcised on Shabbat, if it is his eighth day. What is his source? The Torah said, “Circumcise all your males,” and this extra word “all” includes the androgyne.

Art: Adriaen The Elder Verdoel - The Circumcision

Shabbat 134 – Washing the baby

In the time of the Talmud it was customary to bathe the infant in hot water, before and after the circumcision, and failure to do so was considered potentially dangerous to the infant's life. Therefore, the Sages permitted washing the baby with hot water, even though normally this is forbidden. Some say that even if the water was warmed on Shabbat itself, the washing is still permitted. However, it has to be done in an unusual manner, by splashing the water with a hand. Even pouring it from a vessel is not considered a sufficient deviation.

Moreover, the third day of the sickness is considered the hardest, and accordingly Rabbi Elazar ben Azaryah permits washing the baby on Shabbat if this is the third day after the circumcision – because in the incident of Shechem “on the third day they were in pain.” This, however, is not a complete proof but only a hint: perhaps on the third only the adults are in pain, because they heal slowly, but to infants, who heal faster, it does not apply.

Art: John Adam P. Houston - Washing The Baby

Shabbat 133 – All necessities of circumcision

Circumcision includes removing two layers of skin: the comparatively thick outer layer, called the foreskin, which covers the corona on the outside, and the thin membrane, which covers it on the inside. First the outer foreskin is removed, and then the membrane is pulled back. Then one who performs the circumcision draws the blood – for otherwise the accumulated blood would cause danger – and afterward the dresses up the wound.

All of the these operations are required for proper circumcision and are permitted on Shabbat. If one did not prepare an ointment, he may do so – albeit in an unusual manner. If he did not prepare a bandage in the right shape, he may not do so now – but he can wrap a cloth around the wound. If he did not bring the cloth before Shabbat, he may even bring it on Shabbat – but only through courtyards, not through the streets where carrying is forbidden.

Art: Jules Breton - Woman carrying Water

Shabbat 132 – Circumcision can be done on Shabbat

All agree that circumcision can be done on Shabbat, although one makes a wound. Rabbi Eliezer allows even preparations for the mitzvah to be done on Shabbat, and the Sages say that any preparation that can be done before Shabbat should be done then – this is the rule of Rabbi Akiva – but all agree on the basic fact. Why is that?

If you say that this is because the circumcision is called a “sign,” then I will answer that tefillin are also called a “sign,” and they are not worn on Shabbat. If you tell me that it is because circumcision is called a “covenant,” then why this “covenant” for an adult is not done on Shabbat? And if you say that it is because it is for “generations,” then why tzitzit, which is also “for generations,” not made on Shabbat? Rather, it is because circumcision is special in that it has all three of these terms applied to it.

However, Rabbi Yochanan found a simpler explanation. Since the Torah tells to perform circumcision “on the eighth day,” this means even if this falls out on Shabbat.

Art: William Blake - The Circumcision

Shabbat 131 – Violating Shabbat to do a mitzvah

We saw earlier that Rabbi Eliezer allows to prepare for a mitzvah on Shabbat, even if one has to do a prohibited work. Actually, Rabbi Eliezer allows this for most other mitzvot, with only two exception: tying a tzitzit on his garment and putting a mezuzah on his door. Why are these the exceptions? – Even though it is true that his garment may need a tzitzit, on Shabbat he may renounce the ownership of his garment or his house altogether, and thus temporarily avoid doing the mitzvah.

However, Rabbi Eliezer allows to go and cut his lulav on Shabbat, and to construct a sukkah on Shabbat, in preparation for the holiday on Sunday – because the lulav must be taken “on that day,” and so also the sukkah must entered “on that day.” Granted, but why do we need to learn this law twice? The Torah should have taught us one of them, and we would derive the other!? – No, we can't do that. Lulav is special, because it requries three more species of plant to go with it, so we cannot learn the law of the sukkah from it. In turn, sukkah is special in that it is required both by day and by night, and therefore we cannot learn the law of the lulav from sukkah.

Art: Bernard Picart - Jewish Meal During the Feast of the Tabernacles

Shabbat 130 – Preparing for a circumcision

Circumcision should be done on the eighth  day of a baby's life, and it can be done even on Shabbat – because the Torah required it to be done in its proper time. If one forgot to bring a circumcision knife before Shabbat, then normally, since carrying anything in a public area is prohibited, he cannot bring this knife now. Bringing the knife is not a mitzvah per se, but only a preparation for it.

However, Rabbi Eliezer argues against exactly this point. In his opinion, preparation for a mitzvah is just as important is the mitzvah itself. In fact, in the place of Rabbi Eliezer they would go so far as to fell trees to prepare charcoal to make a knife on Shabbat, for the purpose of the circumcision. And, even though for a Shabbat violation one gets cut off from his spiritual source and may have his life reduced, in the place of Rabbi Eliezer everybody would live out a long life.

When one, following Rabbi Eliezer, brings a knife on Shabbat, he should be showing it to everybody, to emphasize the love for the mitzvah. In the time of danger, when circumcision is prohibited, he can cover it, but do it in the presence of witnesses, so that the love for the mitzvah is still known.

Art: Alexandre Gabriel Decamps - The Knife grinder

Shabbat 129 – A woman who gave birth

On a holiday or on Shabbat one should not deliver an animal of its young, by taking hold of a fetus in the womb and pulling it out. Some say that this requires excessive exertion, while others – that it represents the final step in birth, and making a final step in creating anything is forbidden Shabbat. However, one is allowed to help the animal to give birth, by grasping the young when it emerges, so that it does not fall to the ground. One may also blow into its nostrils to clear them of mucus and put a teat into its mouth so it would suckle.

For a woman that is giving birth one can take any necessary action, such as calling the midwife, traveling to a distant place, and later tying and cutting the umbilical cord. One may also perform all the requirements of circumcision.

During birth, one may light a lamp for her. – Of course one can, what's the news? – Even if the woman herself is blind and cannot derive benefit from light, still, since she feels better knowing that the light is on, it is allowed. One can make a large bonfire to warm up the woman, and even in hot summertime. The Talmud then describes the laws of bloodletting, which was a popular medical procedure.

Art: Victor-Alfred-Paul Vignon - Mother and Child taking a Walk

Shabbat 128 – Caring for the chicken, calves and children

Rule #1: we may invert a basket in front of chicks, so that they may climb up to and down from their nests. What's the story here? – On Shabbat, all animals were declared “not prepared,” or “muktzeh” by the Sages, out of the consideration that one may cut off a branch of a tree in order to hit a horse or another animal. However, rule #1 tells us that even though the basket becomes temporarily muktzeh itself, while a chick is on it, one may move it it order to help the chicks.

Rule #2: if a hen escaped from its house, we may push her back into it until she enters. Here too, although the animal is muktzeh, and in general it is forbidden to move the muktzeh or even a part of it, we may push her even with the hands, since otherwise she experiences distress and is exposed to injury.

Rule #3: a woman may help her young child walk by holding his arms from behind, provided that he can make a few steps and move, albeit with difficulty, by himself. Of course, the child is not muktzeh, however, here the concern might be that the mother will carry the child in the public area, which is forbidden. Therefore, rule #3 tells that helping a child who can somewhat help himself is allowed.

Art: Victor-Alfred-Paul Vignon - Mother and Child taking a Walk

Shabbat 127 – Receiving guests

Rabbi Yochanan said, “Receiving guests is just as great as studying the Torah. How do we know that? – From a previous ruling that one may clear away boxes of straw for guests and students, with guests mentioned first.”

Rav Yehudah said, “Receiving guests is more important than communicating with God.” The proof? – Abraham, who was having a prophetic vision, told God, “My Master, please wait till I greet the guests.”

There are six things for which a person receives a reward in this world, and this reward is only a dividend (fruit), but the main rewards still remains for him in the next world: receiving guests, visiting the sick, concentration in prayer, rising early to study Torah, raising his children to the study of Torah, and judging his fellow favorably.

The Talmud gives three examples of going to the extreme in judging a righteous man favorably, even when circumstances seem to indicate otherwise, but for regular people this does not apply, and favorable judgment is only required if the indications of good and bad intentions are equally weighed.

Art: Charles Desire Hue - Visiting a sick friend

Shabbat 126 – Stopping Shabbat rest

One should rest on Shabbat. The Sages even prohibited certain actions requiring too much exertion, thus guarding Shabbat rest further. However, for guests, for students, for sick, and for his animals one sometimes should exert himself, setting aside Shabbat rest, and there the Sages have relaxed the prohibitions. For example, one may move away four or five boxes of straw or grain – if he needs the space to seat the guests or the students – provided that he does not clear a complete storehouse.

What kinds of food can he move? He can move the Kohen's portion, even though only the Kohanim can eat it – provided that it is ritually pure and thus can altogether be used. Furthermore, he can move “d'mai” – produce from which the tithes perhaps have not been separated, and which it is consequently prohibited to eat. If so, how can he move it, if it is unusable? – He can give up his possessions and become poor, and eat it with this subterfuge. He may also move lupines – a sort of beans – since they are fit for goats.

Art: Paul Cezanne - Young Italian Girl Resting On Her Elbow

Shabbat 125 – Prohibited and permitted

Stones are normally not prepared for Shabbat use and are therefore considered to be set aside from use, or muktzeh. However, if this is stone is inside a gourd – which is needed to help the gourd sink and draw water – then if the stone is attached so securely that it will not fall out, it is considered to be part of the gourd, and the whole contraption is permitted to draw water with. Similarly, if a vine is tied to pitcher, it is considered part of the pitcher, and one can draw water with it.

A window shutter is also a utensil, but in some ways it is a part of the building. Therefore, it can be used only if it is attached to the building by a rope, and only if the rope is so short that it hangs on it while not in use and does not reach the ground – these are the words of Rabbi Eliezer. However, the Sages say that even without these two conditions one can use the shutter on Shabbat. What is the reason for the disagreement? Rabbi Eliezer maintains that unless the shutter is attached by a short rope, putting it in the window constitutes building. However, the Sages answer that this is a temporary situation, and is therefore not considered building at all.

Art: Claude Oscar Monet - Camille Monet At The Window Argentuile

Shabbat 124 – Prophet Nechemia and Shabbat

Prophet Nechemia says, “During those days, I saw people in Judah pressing wine-vats on the Shabbat and bringing in the heaps from the field.” On seeing this, he devoted himself to halting the Shabbat violations and restoring the special character of the Shabbat day. One of the measures that he employed, together with the Sages of the Sanhedrin, was the establishment of the prohibitions of “muktzeh,” things set aside and not to be used on Shabbat. When the degree of Shabbat observance improved, the Sages gradually eased the restrictions. Most of the arguments about muktzeh on Shabbat are about how far did this easement go.

The prevailing ruling therefore is that one may move all utensils in order to use them for a permitted purpose, with a few exceptions. However, Rabbi Nechemyah maintains that one can use the utensil only for the same purpose as it was originally designated.

If a utensil broke on Shabbat, its pieces can be used, but only if the remaining piece can be put for some use. For example, fragments of a mixing bowl can be used to form an improvised cover for a jug. Rabbi Yehudah limits it further: this use should be similar to that of the complete utensil, for example, fragments of glass can be used only if you can pour oil in them.

Art: William-Adolphe Bouguereau - The Broken Pitcher

Shabbat 123 – Carriages, trunks and movable closets

House construction and repairs are considered building and are forbidden to be performed on Shabbat. Therefore, a door of a house, once detached, cannot be reattached to it. Moreover, it cannot even be moved on Shabbat, since it has no use by itself, and it considered “muktzeh,” something not prepared for use on Shabbat.

By contrast, utensils such as carriages, trunks and movable closets that can nevertheless be moved are not considered muktzeh and can be used on Shabbat. Even their doors, although unusable by themselves if detached, can be moved and even put back into their place. There is a different opinion, however, which considers large utensil to have the same status as houses.

The laws of other utensils also depend on their intended use. For example, one may take a hammer, usually associated with forbidden work, and use it to break nuts; a shovel can be used to scoop dried figs from the bottom of the barrel; a pitchfork can be used to give food to a child who is stranded on the other side of the river; a hand needle may be used to remove a splinter and a sackmaker's needle may be used to open a door with it. What kind of hammer do we mean? One that is used for ordinary tasks, but not a blacksmith's hammer, since it is designated only for blacksmith's work. Others say that even a blacksmith's hammer may be used for the permitted work of cracking nuts. Similar disagreements exist in regard to all items listed above.

Art: John Singer Sargent - Venetian Doorway

Shabbat 122 – One light serves a hundred people

If a gentile lit a lamp for himself on Shabbat, a Jew may use its light. However, if he lit it for the sake of a Jew, one may not use it. Why? Firstly, a Jew should not instruct a gentile to do forbidden Shabbat work. Secondly, a Jew is not allowed to benefit from Shabbat violation. In fact, even after Shabbat he should wait for as long as it would take to perform the work in question, and only then use the result.

If a gentile constructed a catwalk to disembark from a ship, a Jew may disembark after him, but if he did it for a Jew, one may not use it. It once happened that Rabban Gamliel and the other Sages were arriving on a ship Friday night, a gentile made a catwalk, and they also used it.

Why do we need two cases? In the case of the lamp you could have said, “One light serves a hundred people” and permit its use. The ruling therefore teaches that this principle is not applicable here, and the lamp is still forbidden. The case of a catwalk is given to introduce the story. But how could they disembark if, as we will soon learn, one is not permitted to walk outside two thousand steps on Shabbat, and they were beyond that limit when Shabbat started!? – They measured the distance with a calibrated telescope, and they were within it. But still, the gentile made the catwalk for them too!? – No, they were not in his view when he did it.

Art: Frans Swagers - A ferry boat disembarking its passengers

Shabbat 121 – Firemen

If a non-Jew comes to extinguish a fire that broke out in a Jew's home on Shabbat, the Jew should not tell him to stop extinguishing, but he also should not tell him not to – because the Jew has not responsibility to watch that a non-Jew does not work on Shabbat. However, if a Jewish minor wants to extinguish the fire, the Jew should stop him, since it is the Jew's responsibility to have minors rest on Shabbat.

Yosef ben Simai was the king's treasurer. A fire once broke out in his courtyard on Shabbat, and the men of the Roman governer of Tzippori came to extinguish the fire, but he stopped them. However, a miracle happened for him, and rain fell and extinguished the fire. Later Yosef sent to each man of the garrison two sela coins, and to their leader he sent fifty. When the Sages heard of the matter, they said, “He did not have to do it, since we learned, 'we don't tell him to extinguish nor do we stop them.'”

One may invert a bowl over a lamp to protect a wooden beam above, and one may overturn the bowl over a scorpion, so that it should not sting. In fact, one may kill the dangerous animals like a snake. The spirit of the pious ones is not pleased with one who kills a snake on Shabbat, but the spirit of the Sages is not pleased with those pious ones.

Art: Egbert Lievensz. Van Der Poel - A Fire In A Village At Night With Villagers Trying To Extinguish It

Shabbat 120 – Helping others to save food from fire

We learned earlier that the Sages have put additional limitations on saving food from fire from Shabbat, in order that while observing these, one does not come actually extinguish the fire, which would be a violation. Additionally, they allowed him to save only as much food as needed for Shabbat.

However, if a basket is full of loaves, he may save the complete basket. He may also save a barrel of wine, even though it is much more than needed for Shabbat. Furthermore, he can tell others, “Come and save food for yourself,” and if they are wise, they will make a reckoning with him after Shabbat, for their wages as laborers saving his food. Why do they need to make a reckoning?! He said, “Save for yourself,” so it is their food now! – They are righteous, and will not keep the food. If they are righteous, how can they take money for working on Shabbat? – They are righteous, but not that righteous. We said that they were wise, not righteous, and they know that since he did not promise them money for sure, this is not considered Shabbat wages.

Rabbi Shimon ben Nannas tells us the rule that one may cover a carriage, trunk, or closet in which fire has taken hold, and cover it with a hide – since hide singes but does not burn. One may also surround the fire with clay jugs filled with water, and if they burst and extinguish the fire – so be it. However, this last ruling is a problem, since it seems to violate even the lenient of opinion of Rabbi Shimon, who permits unintended benefit on Shabbat.

Art: Jacob Foppens Van Es - Still Life Of A Pewter Plate With A Jan Steen Jug, A Cup, A Basket Of Bread, And A Dog On A Table

Shabbat 119 – Each one has his own mitzvah

Although one must perform all the mitzvot in the Torah in order to complete his spiritual ascent, it is recommended for one to choose a specific mitzvah, especially dear to him, and fulfill it in every detail, since it is likely that his current reincarnation was for this purpose. For example, Rav Nachman said, “May my reward come from my carefully observing the three meals of Shabbat." Rabbi Yose was extremely modest and pliable to the demands of his scholarly colleagues. Abbaye, when he saw a young scholar complete a tractate of the Talmud, would make a feast for everyone.

Following are some ways in which the Sages used to honor the Shabbat. Rav Abahu would sit on an ivory stool and fan the fire for cooking; Rav Safra would singe the head of an animal; Rabbah and Rav Yosef would split wood; Rav Zeira would kindle the fire.

Yosef Mokir Shabi (Yosef Who Honors Shabbat) would spare no expense for Shabbat. There was a rich man in his neighborhood  to whom astrologers predicted that all his wealth will go to this Yosef. He sold it all, bought an extremely valuable pearl with the money, and had it sown into his hat, to alwayscarry it with him. However, as he was passing a bridge, the wind blew the hat off his head and a fish swallowed it, fishermen caught the fish and Yosef bought it - since there was no one else who would buy such a fish this late, close to the beginning of the Shabbat. He then found the pearl and sold it for thirteen attics full of golden dinars. A certain elder then met him and told him the rule, “He who borrows for the sake of Shabbat, Shabbat repays him.”

Art: Claude Oscar Monet - The Railway Bridge At Argenteuil