On amud (עמוד) TB 102a we conclude the 11th
chapter of massechet Shabbat and the Talmud’s discussion about the laws of
hotza-ah, caring from one domain to another. Amud TB 102b begins a new chapter
with theprohibited labor, building or in Hebrew boneh (בונה). My wife Judy has always told me that I entered the wrong
profession. Instead of being a rabbi, I should have been a college professor
because I have the absentmindedness part down perfectly. But the man described in
the Gemara has me beat.
To violate the
prohibition of hotza-ah one has to transport an object four amot in the reshut
harabim, the public domain. Today’s Mishna teaches the rule that a person is only
liable to bring the sin offering if both the beginning and the end of the
action is done unwittingly. What is the law if a person carries an object two
amot unwittingly, the next two amot cognizant he is violating the Shabbat, and
the last two amot unwittingly again? Even I can’t understand how person to go
from shogeg (שוגג), unwittingly, to
mazid (מזיד), intentionally, and
back to shogeg so quickly.
“We learned in the mishna that this is the principle: All
who are liable to bring sin-offerings are only liable if the
beginning of their action and the conclusion of their action are unwitting. It
was stated that amora’im disputed this point. With regard to a case
where one carried an object in the public domain two cubits unwittingly,
and then became aware and carried it two more cubits intentionally,
and then carried it two additional cubits unwittingly, and
then placed the object, can this be characterized as a case in which the
beginning of the action and the conclusion of the action are unwitting?
“Rabba said: One
is exempt. Rava said: One is liable. The Gemara clarifies the two
positions. Rabba said: One is exempt. This is the halakha even
according to Rabban Gamliel, who said: There is no awareness for half a
measure, and therefore he is liable. Since one is not liable to bring a
sacrifice for a half-measure, the fact that he became aware between consumption
of the two halves of an olive-bulk is of no significance. One’s awareness does
not demarcate between the two half-measures of two cubits with regard to
liability to bring a sin-offering. He only said so there, when the measure
that determines liability was completed, it was completed unwittingly.
However, here, when the measure is completed, it is completed intentionally.
In that case, he would say no, he is not liable. The measure that
determines liability for carrying in the public domain on Shabbat is four
cubits. When the object reached four cubits, he was carrying the object
intentionally. The Gemara explains: And in what case was this stated? If
it was stated with regard to a case of throwing, the entire act
was unwitting because when he became aware, there was nothing he could
do to prevent the object from landing. Rather, it must have been with
regard to a case of carrying.
“Rava said: One
is liable. Even according to the Rabbis, who said: There is awareness for half
a measure, and therefore he is exempt, they only said so there,
where it is still in his control to complete or terminate the action. But
here, where it is not in his control to affect the outcome, they
would not say so and would deem him liable. And in what case was
this stated? If it was stated with regard to a case of carrying,
the outcome is still in his control. Rather, it must have been with
regard to a case of throwing. Apparently, Rabba and Rava do not
disagree. They are discussing separate cases.” (Sefaria.org translation)
I love when an
apparent disagreement in the Gemara turns out that both sides ultimately agree.
I can be heard saying to a person who begins an argument with me, “It’s hard to
argue with you when I agree.” That usually stops the other person cold because
what can he say back to me?!
By the way, Rambam
poskins in our case when a person carries an object in his hand two amot
unwittingly, the next two amot cognizant he is violating the Shabbat, and the
last two amot unwittingly again he is exempt from bringing a sin offering.
However if he throws the object, he is obligated to bring a sin offering.
(Mishneh Torah, Sefer Korbonot, Hilkhot Shiggigot, Chapter 6 Khalkhah 8)
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