On today’s daf TB Shabbat 94 “We learned in the mishna that
according to the first tanna: One who carries out a corpse on a bed
is liable. And similarly, one who carries out an olive-bulk of a corpse,
or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal is
liable. Rabbi Shimon deems him exempt.” (Srfaria.org translation) for
Rashi and Tosefot
provide the same reason why Rabbi Shimon exempts in the case of carrying a
corpse on a bed from one domain to another. Removing the corpse is considered a
prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה. Nevertheless, they define it differently.
Rashi explains that the person doesn’t want a positive result from moving the
body from point A to point B. He just move the body out and away from him.
Tosefot says that a prohibited labor not necessary for his own sake needs to
fulfill two requirements. First of all the prohibited labor had to fulfill the
purpose of the Tabernacle, Mishkan, and doing it in the same manner it was done
in the Mishkan. Since the case in the corpse doesn’t meet those two
requirements, Rabbi Shimon exempts.
Interestingly enough, the Rishonim are divided on what the law is when
it comes to a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה. Rambam obligates
bringing a sin offering for one who transgressed a prohibited labor not
necessary for its own sake and Joseph Karo rules that violating a prohibited
labor not necessary for its own sake is forbidden, but one is exempt from
bringing the sin offering.
What is the difference between a prohibited labor not necessary
for its own sake, מלאכה שאינה צריכה לגופה
and an unintended labor, מלאכה שאינה
מתכוונת? An unintended labor is doing something permitted, but a
prohibited labor might occur. An example we have already seen is dragging a
chair on a dirt floor. If furrows are created, the rabbis would forbid such
action and Rabbi Shimon would permit (meaning no violation of Shabbat occurred).
A person knows that he is doing a prohibited labor in the case of a prohibited
labor not necessary for its own sake, מלאכה
שאינה צריכה לגופה, but that is not his goal. In our daf all
he wants to do is remove the body away from him.
When it comes to a prohibited
labor not necessary for its own sake, מלאכה
שאינה צריכה לגופה and an unintended labor Rabbi Shimon would
permit. In the case of a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה, Rabbi Sherman would
rule that it would be forbidden, but exempt from bringing a sin offering.
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