Asenath Barzani Asenath Barzani (* 1590, † 1670 ) Was a Kurdish Jewish Woman in Mosul (Ottoman Empire) Survived
Total Page:16
File Type:pdf, Size:1020Kb
Daf Ditty Eruvin 67: Gentile/ Sabbath/ Asenath 1 2 The Gemara now relates that there was once a certain baby whose warm water, which had been prepared for his Shabbat circumcision, spilled. Rabba said to them: Let them bring warm water for him from my house. Abaye said to him: But we did not establish an eiruv in the courtyard, so it is prohibited to carry the water. Despite the fact that it is generally prohibited to instruct a gentile to perform work for Jews on Shabbat, the commandment of circumcision is important enough to override the halakhot of Shabbat. Therefore, in this case of a rabbinic prohibition, e.g., telling a gentile to perform a prohibited labor, it is proper to violate the rabbinic decree in order to fulfill this mitzva. Rabba said to him: Let us rely on the merging of alleyways, which may serve in place of a joining of courtyards in pressing circumstances such as these. Abaye said to him: But we did not establish a merging of alleyways either. Rabba replied: If so, let them instruct a gentile to bring the warm water for him, even though it is generally prohibited to instruct a gentile to perform labor for a Jew that involves a desecration of Shabbat. Abaye said: I wanted to raise an objection against the Master, Rabba, but Rav Yosef would not let me do so, as Rav Yosef said that Rav Kahana said: When we were in Rav Yehuda’s house, he would say to us when we were presented with a halakhic difficulty: With regard to a Torah law, we first raise objections and then we perform an act, i.e., if someone has an 3 objection to a proposed action, we must first clarify the matter and only then may we proceed. However, with regard to rabbinic laws, we first perform an act and then we raise objections. the equivalent of which , נרדב ן רוסיא הוצמ ךרוצל Rav Yosef answered that indeed we may not do an מא י הר . .if a Jew did it אד ו ר י י את הכאלמ to heat the water, which would be a יכנר would be, telling the which is in , בויער to carry without an יכנר a is That In our case, we are telling the דח ברד נ ן of ירנלכ which is . - שדב ו ת בש ו ת in Halachah referred to as - רדב נ ן יתרת This is a . רדב נ ן א י ס ו ר itself only an רומת ךרוצל הוצמ ךרוצל רומת Afterward, when they had brought the water, Rav Yosef said to Abaye: What objection did you wish to raise against the Master, Rabba? He said to him: As it was taught in a baraita: Sprinkling the water of purification on an impure person on Shabbat is not prohibited by Torah law; rather, it is only a rabbinic decree to enhance the character of Shabbat as a day of rest. And telling a gentile to perform a Shabbat labor on behalf of a Jew is likewise only a rabbinic decree. Abaye gave the example of sprinkling, as that is a case where the activity is required for the sake of a mitzva. Furthermore, the purposeful neglect of this mitzva causes the individual to incur karet, as in the case of the Pascal lamb. In the case of sprinkling, the Sages nonetheless reinforced their rulings and did not permit the violation of the rabbinic prohibition. In the case discussed here, where one would not be abrogating the mitzva of circumcision entirely, but merely postponing it, it is certainly possible to insist on observance of the rabbinic prohibition (Rosh). 4 Just as sprinkling the water of purification is prohibited by rabbinic decree and does not override Shabbat, even for the purpose of a mitzva, so too, telling a gentile to perform a prohibited labor Shabbat is prohibited by rabbinic decree and does not override Shabbat. How, then, could Rabba suggest that they instruct a gentile and thus transgress a rabbinic decree? Rav Yosef said to him: But do you not differentiate between a rabbinic decree that involves an action and a rabbinic decree that does not involve an action? As the Master, Rabba, did not say to the gentile: Go and heat water on Shabbat, but only told him to transfer something from one domain to another, which does not involve an action and is therefore less severe. 5 6 RAMBAM: Hil Shabbat 6:1 How is this? The Jew says to the gentile on Shabbat to climb a tree or swim on the face of the waters in order to bring him a shofar (to blow on Rosh Hashanah), or a knife for a circumcision; or to bring him water from [one] courtyard to [another] courtyard, that does not have aneruv 7 [connecting] them, to wash an infant or someone in pain. And likewise, anything that is similar to this. Halacha Orach Chayim 331:6 Tools for the circumcision that could have been procured on Friday do not supersede Shabbat. Therefore, if they forgot to bring the knife on Friday they should not bring it on Shabbat, even in a place where this will only result in a rabbinic prohibition [i.e., there is an eruv], because the rabbis insisted that their laws be followed, because it involves karet. Regarding telling a non-Jew to procure the tools, if it is something that were a Jew to do it, it would only be a rabbinic violation, one can tell a non-Jew to procure them, but if it is something for which it is Toraitically forbidden for the Jew to do, one cannot tell the non-Jew to do it (And see above chapter 307). Orach Chayim 328:11 8 A sick person who is in bed with his illness but is not in danger Rem"a: Or if he has a pain that is bothering him and his whole body pains him, even if he still walks, he is similar to someone bedridden (HaMagid Chapter 2), we tell a non-Jew to provide medical treatment, but we do not violate Toraitic Shabbat prohibitions even if he has an endangered body part. Regarding a Jew actively breaking a rabbinic prohibition, there are some who allow it even if he does not have an endangered body part. There are those who say that if he has an endangered body part we break and if he doesn't, we do not break. There are those who say that if he doesn't have an endangered body part, we desecrate with a slight change, and if he has an endangered body part, we break without a change. And there are those who say that even if he has an endangered body part, we do not break any prohibition that is related to a Toraitic labor, and things that have no connection, we do even if he does not have an endangered body part. This third position is right. Rem"a: 9 It is permitted to tell a non-Jew to cook something for a child that has nothing to eat, because the needs of a child are comparable to a non-endangered sick person. And everything that is forbidden for a Jew to do is also forbidden for the sick person himself to do, but if a non-Jew is doing something, the sick person is allowed to help a bit, because aiding is not considered substantial. Steinzaltz (OBM) writes:1 The Gemara tells a story about a brit mila (circumcision) that was taking place on Shabbat, where the hot water that had been prepared – and were essential to doing the brit properly – spilled. Rabba ordered that more water be brought from the house into the courtyard, but his student, Abaye, argued that a proper eiruv had not been made. Faced with that issue, Rabba suggested that a non- Jew be asked to bring the water. Asking a non-Jew to perform a forbidden act on Shabbat – Amira la-Akum - is, itself, Rabbinically forbidden. The Rosh explains that Rabba suggested making use of the non-Jew only in this case of a circumcision. Since a brit mila has the unique status of pushing aside Shabbat (see Massekhet Shabbat), it is logical that we would permit an act forbidden by the Sages, as well. Abaye said: I wanted to raise an objection against the Master, Rabba, but Rav Yosef would not let me do so, as Rav Yosef said that Rav Kahana said: When we were in Rav Yehuda’s house, he would say to us when we were presented with a halakhic difficulty: With regard to a Torah law, we first raise objections and then we perform an act, i.e., if someone has an objection to a proposed action, we must first clarify the matter and only then may we proceed. However, with regard to rabbinic laws, we first perform an act and then we raise objections. After the water had been brought and the circumcision performed, Abaye was asked to present his question. He asked why completing the ritual to purify someone who had become tame (ritually impure) - which is forbidden on Shabbat by the Sages - cannot be performed even if it is necessary to perform a mitzva (e.g. to sacrifice and eat the Passover sacrifice), yet in our case, asking a non- Jew to bring water for the brit is permitted? Abaye's question is particularly powerful because missing the opportunity to participate in the Passover sacrifice was punishable by karet (being cut off from the community), which is also the punishment for neglecting the commandment of circumcision.