Wednesday, May 13, 2020

Forgetting what you didn't know TB Shabbat 68


Today we begin the seventh chapter of messechet TB Shabbat with daf 68. This chapter will discuss the 39 different categories of melakhah, מלכאה, labors. Its definition will be helpful as we continue our journey in this massechet.

“In arriving at his interpretation of ‘melakhah,’ Rabbi Samson Raphael Hirsch starts with the basic idea that the Sabbath testifies to God as the supreme Creator of heaven and earth and all they contain. Man, however, is engaged in a constant struggle to gain mastery over God’s creation, to bring nature under his control. By the use of his God-given intelligence, skill and energy, he has in large measure succeeded in this. He is thus constantly in danger of forgetting his own creaturehood-his utter and complete dependence on the Lord of all things. He tends to forget that the very powers he used in his conquest of nature are derived from his Creator, and who service his life and work should be conducted… God willed therefore that the Jew, whilst subduing and controlling his environment like every other human being, must recognize, and show that he recognizes, that his powers are derived from one higher than himself. This recognition is to express by dedicating one day in every week to God, and by refraining on this day from every activity which signifies human power over nature… We have thus arrived at the definition we have been searching for. A Melakhah is an act that shows man’s mastery over the world by the constructive exercise of his intelligence and skill.” (The Sabbath by Dayan Dr. I. Grunfeld, pages 16-19) The Mishnah on daf TB Shabbat 73a list the 39 different melakhot (the plural of melakhah)

According to the Torah the punishment for one who is warned that the impending act will violate the Sabbath and he intentionally violates the Sabbath is death by stoning. The punishment for one who intentionally violates the Sabbath but is not warned is kareit, a punishment implemented by God alone. A person is obligated to bring a sin offering, a chatat חטאת, when the punishment is kareit. Then there is a category of a shogag, שוגג. A shogag knew what he was doing was a melakhah, but was in a state of unawareness that the day was Shabbat. Afterwards he became aware that the day was Shabbat. He too is obligated to offer a chatat.

The Mishnah states “One who forgets the essence of Shabbat, i.e., one who is entirely ignorant of the mitzva of Shabbat according to Torah law, and performed numerous prohibited labors on multiple Shabbatot, is liable to bring only one sin-offering for all those labors when he becomes aware that those actions were prohibited… (In the Gemara) Rav and Shmuel who both said: Even a child who was taken captive among the gentiles and a convert who converted among the gentiles (and never learned the halakhot of Shabbat) have the same legal status as one who knew and ultimately forgot, and they are liable to bring a sin-offering for their unwitting transgression, even though they never learned about Shabbat. (Sefaria.org translation)

Rabbi Yoḥanan and Rabbi Shimon ben Lakish both disagreed with Rav and Shmuel’s understanding who is liable to bring a chatat. And it was Rabbi Yoḥanan and Rabbi Shimon ben Lakish who both said: He is liable to bring a sin-offering specifically if he knew of the essence of Shabbat and ultimately forgot. However, a child who was taken captive among the gentiles and a convert who converted among the gentiles are exempt from bringing a sin-offering. They have the legal status of one who performed the prohibited labor due to circumstances beyond his control.” (Sefaria.org translation)

What does this disagreement boils down to? Rav and Shmuel believe that these types of people ultimately have the responsibility to learn about the Sabbath. When one doesn’t, he is obligated to bring a sin offering. Rabbi Yoḥanan and Rabbi Shimon ben Lakish holds that these types of people are exempt because they fall into the category of an unavoidable interference (meaning they had no way of knowing about the laws Shabbat), אונס. Perhaps they are looking at the purpose of a chatat differently. If the chatat’s purpose is to bring atonement, Rav and Shmuel argue that the child who was taken captive among the gentiles and a convert who converted among the gentiles still need atonement for violating the Sabbath. If the chatat’s purpose is one of punishment, Rabbi Yoḥanan and Rabbi Shimon ben Lakish would argue that these two types of people are exempt from punishment because it was not their fault they never learned about the Sabbath.


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