Friday, April 17, 2020

Just don't just yell "Fire!" TB Shabbat 42


We have finished the first half of the third chapter and now are transitioning to a new topic. The first five and one half dappim of the chapter deal with laws of cooking before and on Shabbat. From now to the end of the chapter we shall be delving into the concept of mukseh, מוקצה, things that are not set aside for Shabbat use. More about this concept as we finish continue on our journey in chapter three.

 To understand today’s daf TB Shabbat 42 one has to understand the arguments between Rabbi Yehuda and Rabbi Shimon. In the case of an unintentional act (מלאכה שאינה מתכונת), i.e., a permitted action from which a prohibited labor inadvertently ensues Rabbi Yehuda says that it is forbidden and Rabbi  Shimon permits. An example of מלאכה שאינה מתכונת is a person is dragging a heavy chair and inadvertently creates a furrow which is one of the 39 categories of work. In the case of labor not necessary for its own sake (מלאכה שאינה צריכה לגופה) Rabbi Yehuda says the person is obligated to bring a sin offering because he did do one of the 39 categories of work. Rabbi Shimon teaches that this action is forbidden, but freed from bringing any sacrifice. An example of מלאכה שאינה צריכה לגופה would be digging a hole (which is one of the 39 categories of work) only for the sake for the dirt that’s removed.

Shmuel says: One may extinguish a piece of white-hot metal in a public area on Shabbat so that the masses will not be injured? That is because the piece of white-hot metal is not actual fire and extinguishing it is prohibited by rabbinic decree, not Torah law. The Sages did not issue decrees in situations where there is concern for public safety. However, one may not extinguish a red-hot wood coal because extinguishing it is prohibited by Torah law. And if it would enter your mind that Shmuel holds in accordance with the opinion of Rabbi Shimon, it should even be permitted to extinguish wood as well. When one extinguishes the coal, he intends neither to perform a prohibited labor nor to derive any benefit. He merely intends to prevent the coal from causing injury. Extinguishing the coal is a labor not necessary for its own sake. Rabbi Shimon says that one who performs a labor not necessary for its own sake is exempt. The Gemara responds: In the case of an unintentional act, Shmuel holds in accordance with the opinion of Rabbi Shimon. In the case of labor not necessary for its own sake, he holds that he is liable, in accordance with the opinion of Rabbi Yehuda.” (Sefaria.org translation)

I’m glad to report that one is not only allowed to extinguish a piece of white-hot metal in a public area on Shabbat so that the public will not be injured according to Shmuel, but most poskim also permit one to extinguish wood as well on Shabbat so that the public will not be injured agreeing with Shmuel’s position on מלאכה שאינה צריכה לגופה. (Shulchan Aruch, Orech Hayyim 334:27)

Common sense wins the day!




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