Tuesday, February 4, 2025

Is designation significant are not? TB 47-8

 Beginning on daf TB Sanhedrin 47b and continuing on daf 48, we encounter a major disagreement between Abaye and Rava. The case under discussion is a shroud being woven for a deceased person. Abaye holds that once the shroud is dedicated for that purpose one cannot change his mind and derive other benefit from it. Rava disagrees and holds that as long as the shroud has not been put on the person, the weaver may drive other benefit from it. “The Gemara explains their respective opinions. Abaye says that one is prohibited from deriving benefit from the garment, since he maintains that הַזְמָנָה מִלְּתָא הִיא- (hazama milta he) mere designation of an item is a significant matter, i.e., all the relevant halakhot of an item already apply once an item is designated for a specific purpose, whether or not it has been used for that purpose. Therefore, a garment woven for one who had died is forbidden as if it had already been used as a shroud. And Rava says that the garment is permitted, as he maintains that  הַזְמָנָה לָאו מִילְּתָא הִיא-(hazama lav milta) mere designation is nothing, and therefore the garment becomes prohibited only once it is actually used as a shroud.” (Sefaia.org translation)

They both learn their position from different gezerot shava. Abaye learns it from the עֶגְלָה עֲרוּפָה-(’egela ’arufa) heifer whose neck is broken. As soon as this heifer is designated, is forbidden to use it for any other purpose. Rava learns it from idolatry. As long as one does not worship the idol in the appropriate manner, he is not guilty of idolatry.

Now everybody agrees that for person weaves shrouds before anybody is dead, the weaver may use the clothing for any purpose he wishes. Ramban (in milkhamot) limits this disagreement between Abaye and Rava to תשמישי  קדושה-objects in the service of something holy like a tefillin bag. However, they agree that designation is significant for holy objects like prepared skin for a Torah scroll. Rava understands that the heifer whose neck is broken is itself holy; consequently, its designation for such a purpose is significant from the outset.

 

In essence according to the  Ramban, Abaye holds that תשמישי  קדושה-objects in the service of something holy are independently holy while  Rava holds that the only derive their holiness from the holy object itself. For Abaye the tefillin bag itself is holy while Rava holds that it derives is holiness only because tefillin are kept in them.

 

The Gemara concludes that the halahkah follows Rava.

 

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