Thursday, March 12, 2020

The 4 Domains TB Shabbat 6

What is the difference between the Talmud and Rambam’s Mishneh Torah? Rambam lays out all the laws in a logical sequence starting with point A onward. At best the Talmud uses associative logic since everything at one time was transmitted orally. People could memorize large amount of materials easier if there was some association available. An example would three unrelated topics strung together because the same rabbi is the author of each statement.


Sometimes the logic of the Talmud just baffles me. We spent the first 5 days discussing the laws of hotzaah from one domain to another on Shabbat. Finally today on TB Shabbat 6 are the four domains defined. Go figure!

“In order to explain the essence of the laws of domains on Shabbat, the Gemara cites what the Sages taught in the Tosefta, that there are four domains for the halakhot of Shabbat: The private domain, and the public domain, and two additional domains: The karmelit, which is like neither the public domain nor the private domain, and an exempt domain, which does not fall into the category of domains.


The Gemara elaborates: And what is the private domain? A ditch which is ten handbreadths deep and four handbreadths wide, as well as a fence which is ten handbreadths high and four handbreadths wide; that is a full-fledged private domain. The criteria for a private domain are that it must be an area of four by four handbreadths, with a ten-handbreadth difference in elevation from the surrounding environment.

“And what is the public domain? A main street [seratia] and a large plaza as well as alleyways [mevo’ot], which are open on both ends to the public domain, connecting between main streets; that is a full-fledged public domain. With regard to those domains: One may not carry out from the private domain of this kind to the public domain of this kind, and one may not carry in from the public domain of this kind to the private domain of this kind. If he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally, and there were no witnesses to his act, and he was not forewarned, he is liable to receive the punishment of excision [karet]. If he was forewarned and there were witnesses to his transgression, he is punished with the court-imposed capital punishment and stoned.


“However, a sea and a valley and a colonnade and the karmelit all enter into the general category of karmelit, which is neither like the public domain, because the multitudes are not congregated there, nor like the private domain, as it has no partitions. Rather, the Sages instituted that cases like these should be considered an independent domain. One may not carry and place an object in it beyond four cubits, just as it is prohibited to do so in the public domain. And if he nevertheless carried and placed an object in it, he is exempt, as it involves no Torah prohibition. And one may neither carry from it into the public domain nor from the public domain into it, as it is not the public domain. And one may neither carry from the private domain into it nor from it into the private domain, as it is not the private domain. And if he carried out from the private domain or carried in from the public domain, he is exempt, as it involves is no Torah prohibition.


“An example of the fourth domain listed in the baraita, the exempt domain is: A person standing on the threshold may take an object from the homeowner standing in the private domain and may give an object to him. Similarly, while standing there, he may take an object from a poor person standing in the public domain and may give an object to him because there is no element of prohibition or liability in carrying and carrying out in an exempt domain on Shabbat. There is no prohibition as long as he does not take the object from the homeowner in the private domain and give it to a poor person in the public domain, or from a poor person and give to the homeowner, as by doing so he facilitated transfer from domain to domain. And, however, if he took an object from one and gave it to the other, certainly no labor prohibited by Torah law was performed, and all three of them are exempt.” (Sefaria.org translation)

I subscribe to my jewish learning daf yomi that is emailed to me. Today  Rabbi Asher Lopatin elaborates on the punishment for one violates the Shabbat. See his article how the rabbis minimizes those who would be liable for the death penalty. To read his article follow this link: https://www.myjewishlearning.com/article/shabbat-6/.

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