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Perek IV Daf 48 Amud A

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Perek IV Daf 48 Amud A NOTES The Gemara relates that certain rams were brought to the הָנְהוּ דִּכְרֵי דְּאָתוּ ּלְמַבְרַכְתָא, Acquisition on Shabbat – : The commentaries discuss known to the locals entered the town and left various items in the derived from the verse: “One who is ĥarum or long-limbed” (Leviticus ִ נְ יָ ן ַבּ ׁ ַּ ש ָבּ ת -town of Mavrakhta on Shabbat. Rava permitted the resi the problematic aspect of the story itself: How could Rava have אשְׁרָ לְ הוּ ארָבָ לִבְנֵי מְ חֹוזָא לְמִ יזְבַּ ן N possession of their Jewish acquaintances, without settling accounts 21:18), in which the word ĥarum means sunken; and a sunken portion dents of Meĥoza to purchase them and take them home, permitted buying and selling on Shabbat? Some commentaries .(NOTES on that day. The assumption is that the decree that prohibits buying of the ground is also referred to as ĥerem (Ge’on Ya’akov מִ י ַ ּנ ְ י י ה ּו ד although Mavrakhta was outside the Shabbat limit of Meĥoza answer that this case is not a standard purchase. Rather, shepherds .(Rashi and selling does not apply in that case (Me’iri; Rav Ya’akov Emden :בְּמִשְ נָה, אֲבָ ל לֹא בָּבְרַ יְיתָ א – In the Mishna but not in a baraita and could be reached by the residents of Meĥoza only by way who were well known to the locals entered the town and left vari- explains that it is possible that the opinions were reversed in a baraita, The assumption must HALAKHA : לִ בְ נֵ י מַ בְ רַ כְ ּ ָ תא – of an eiruv of Shabbat limits. ous items in the possession of their Jewish acquaintances, without since baraitot were not always transmitted precisely. Elsewhere, the To the residents of Mavrakhta settling accounts on that day. The assumption is that the decree Sages express the concern not only about a reversal of the teachings, be that these gentiles intended to bring the rams to the residents of Objects that belong to a gentile – : Objects that belong to חֶ ְ ׳צֵ י ָ נ כְ רִ י Ravina said to Rava: What is your reasoning in permitting that prohibits buying and selling does not apply in that case (Me’iri; but also about a general lack of accuracy and inexact citation of the Meĥoza, rather than Mavrakhta. This is because most authorities rule אֲמַ ר לֵ ּיה רָבִ ינָא לְרָבָ א: מַ אי דַּ עֲתִ יךְ – these rams? You must rely upon that which Rav Yehuda said Rav Ya’akov Emden). words of tanna’im. Consequently, the principles with regard to the that a Jew may not utilize an object that was brought for him from a gentile establish residence in the spot where they are located, and it outside the city, even if the whole city is considered like four cubits is permitted for a Jew to move them only two thousand cubits in each דְּ אָמַ ר רַ ב יְהוּדָ ה, אָמַ ר שׁ ְ מוּאֵ ל: חֶ ׳ְצֵ י that Shmuel said: Objects belonging to a gentile do not To the residents of Mavrakhta – : The assumption Mishna do not always apply to the baraitot, even when the identity of Rashba). direction, in accordance with the opinion of Rabbi Yoĥanan and the) לִ בְ נֵ י מַ בְ רַ כְ ּ ָ תא נָכְרִ י אֵ ין ֹונִין שׁ ְבִ יתָ ה, acquire residence, and so they are permitted even if they were must be that these gentiles intended to bring the rams to the resi- the author is established. It is also possible that a principle was stated that takes into account everything stated in the mishnayot, whereas conclusion of the Gemara (Shulĥan Arukh, Oraĥ Ĥayyim 401). -Several explanations have been of : חֵ רֶ ם – [brought to Meĥoza from outside the Shabbat limit. dents of Meĥoza, rather than Mavrakhta. This is because most au- Water-filled ditch [ĥerem If a gentile brings :חֶ ׳ְצֵ י נָכְרִ י בָּעִ יר – thorities rule that a Jew may not utilize an object that was brought there is no way of knowing everything stated in all of the baraitot. fered for this word (see Tosafot). One possibility is that the correct word The objects of a gentile in a city for him from outside the city, even if the whole city is considered is ĥeres, meaning a trench [ĥaritz], with the letter tzaddi interchanged objects from outside the Shabbat limit to a city that is enclosed for the The commentaries discuss the : ִ נְ יָ ן ַבּ ׁ ַּ ש ָבּ ת – Isn’t the principle, in disputes between Shmuel and Rabbi Acquisition on Shabbat אוְהָ ְ שׁ למוּאֵ יוְרַבִּ יֹוחָנָן הֲלָכָ ה ּכְרַבִּ י like four cubits (Rashba). problematic aspect of the story itself: How could Rava have permit- with the letter samekh. However, most commentaries maintain that the purpose of residence, it is permitted for a Jew to carry these objects ,Yoĥanan, that the halakha is in accordance with the opinion word ĥerem is the correct version. According to some, the word ĥerem within the city, in accordance with Rava’s opinion (Shulĥan Arukh יֹוחָנָן, רוְאָמַ ברַ חִּיָיא בַּ ר אָבִ ין אָמַ ר Water-filled ditch [ĥerem] – : Several explanations have been ted buying and selling on Shabbat? Some commentaries answer that .(refers to a fishing net; a water trench is called a ĥerem because they Oraĥ Ĥayyim 401 חֵ רֶ ם of Rabbi Yoĥanan? And Rav Ĥiyya bar Avin already said that offered for this word (see Tosafot). One possibility is that the cor- this case is not a standard purchase. Rather, shepherds who were well ירַבִּ יֹוחָנָן: חֶ ׳ְצֵי נָכְרִ י ֹונִין שְׁבִ יתָ ה, Rabbi Yoĥanan said: Objects that belong to a gentile ac- would catch fish in it (Rabbeinu Yehonatan). According to others, it is rect word is ĥeres, meaning a trench [ĥaritz], with the letter tzaddi ּגְזֵירָה בְּעָלִים דְּנָכְרִי אַ ּטוּ בְּעָלִים quire residence, based on a decree in the case of a gentile interchanged with the letter samekh. However, most commentaries owner, due to the case of a Jewish owner. The halakha is in maintain that the word ĥerem is the correct version. According to ְ ּ ד ִ י ְ שׂ רָ אֵ ל ! accordance with his opinion. some, the word ĥerem refers to a fishing net; a water trench is called a ĥerem because they would catch fish in it (Rabbeinu Yehonatan). Rava reconsidered and said: Let the rams be sold only to the According to others, it is derived from the verse: “One who is ĥarum הֲדַר אֲמַר רָבָא: לִיזְדַּבְּנוּ לִבְנֵי N or long-limbed” (Leviticus 21:18), in which the word ĥarum means -residents of Mavrakhta. Although the rams acquired resi מַבְרַ כְ ָּ תאד דְּ ָ ּכוּלה מַבְרַ כְ ָּ תא לְדִ ידְ הוּ dence, and may be moved only four cubits as they were taken sunken; and a sunken portion of the ground is also referred to as .(ĥerem (Ge’on Ya’akov ְ ּכאַ רְ ַבּ ע אַ ּמ ֹו ת ָ דּ מְ ָ י א ד beyond their Shabbat limit, the legal status of all Mavrakhta is like four cubits for them. However, they may not be sold to the residents of Meĥoza, as the halakha is in accordance HALAKHA If a gentile brings :חֶ ׳ְצֵ י נָכְרִ י בָּ עִ יר – with the opinion of Rabbi Yoĥanan.H The objects of a gentile in a city objects from outside the Shabbat limit to a city that is enclosed for N the purpose of residence, it is permitted for a Jew to carry these Rabbi Ĥiyya taught a baraita: A water-filled ditch [ĥerem] objects within the city, in accordance with Rava’s opinion (Shulĥan ּתָנֵי רַבִּי חִּיָיא: חֵרֶם שֶׁבֵּין ּתְחוּמֵי .(that lies between two Shabbat limits requires Arukh, Oraĥ Ĥayyim 401 שׁ ַבָּ ת – צָרִ יךְ Perek IV Daf 48 Amud a NOTES an iron partition to divide it into two separate areas, so that מְחִ ּיצָה שֶׁ ל בַּרְזֶל לְהַ ׳ְסִ י ֹו דמְחַּיַיךְ חֵרֶ ם שֶׁבֵּ ין ְּ תחוּמֵ י – the residents of both places may draw water from it.N Rabbi A water-filled ditch between Shabbat limits According to some commentaries, Rabbi Ĥiyya maintains : שׁ ַ ָ ּ ב ת N עֲלֵ ּ יה ירַבִּ יֹוסֵ י בְּרַבִּ י חֲ נִינָא, Yosei, son of Rabbi Ĥanina, would laugh at this teaching, that going beyond the Shabbat limits is prohibited by Torah law. as he deemed it unnecessary. Consequently, a suspended partition is insufficient in that case, unlike the case of other water, where the carrying is prohibited by . מח The Gemara asks:Why did Rabbi Yosei, son of Rabbi Ĥanina, rabbinic law. Rabbi Yosei bar Ĥanina, however, maintains that going מַ א י טַ עְ מָ א ָ אמְ חַ ַ ּי י ךְ ? אִ י לֵ י מָ א ,laugh? If you say that it is because Rabbi Ĥiyya taught the beyond the Shabbat limits is prohibited by rabbinic law. Therefore מִ ׁ ּשוּם דְּתָנֵי לָ ּה ּכְרַבִּי יֹוחָנָן בֶּ ן נוּרִ י baraita stringently, in accordance with the opinion of Rabbi a suspended partition suffices (Kehillot Ya’akov). לְחוּמְרָ א, וְאִ יהוּ סְבִ ירָ א ּלֵיה ּכְרַבָּנַן This expression, as an expression of :מְחַ ּיַיךְ עֲלֵ ּיה – Yoĥanan ben Nuri, saying that ownerless objects acquire a Laugh at this place of residence, and Rabbi Yosei, son of Rabbi Ĥanina objection to a particular opinion, is characteristic of Rabbi Yosei bar לְ וּ ָ ּלא? וּמִ ׁ ּשוּ ם דְּ סָ בַ ר לְ וּ ָ ּלא, מַ אן holds leniently, in accordance with the opinion of the Rab- Ĥanina.
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