With today’s daf TB Shabbat 107 we finish the 13th
chapter of our massechet and start the 14th chapter. The 14th
chapter continues the discussion of trapping. It discusses the unique case of
eight creeping animals explicitly mentioned in the Torah. “MISHNA: With regard to any of the
eight creeping animals mentioned in the Torah, one who traps them or wounds
them on Shabbat is liable. The Torah states: “The following shall be
impure for you among the creeping animals that swarm upon the earth: The
weasel, and the mouse, and the dab lizard of every variety; and the gecko, and
the land-crocodile, and the lizard, and the skink, and the chameleon” (Leviticus 11:29–30)”
(Sefaria.org translation) Later on in this chapter the Gemara discusses issues
surrounding healing on Shabbat.
At the very end of the
13th chapter the Gemara clarifies the terms obligated (khayyav-חייב) and exempt (patur-פטור) we’ve been using all
along. Obviously when somebody violates a Shabbat prohibition he is khayyav and
must face the music accepting the appropriate punishment. When the Mishna uses
the term patur it means that the action is prohibited only by the rabbis. Since
the violation is prohibited by the rabbis alone, the person is freed from the
appropriate punishment. Nevertheless, one is still forbidden to do that
rabbinically prohibited action. In the words of the Talmud it is exempt but
forbidden (patur aval asur-פטור אבל אסור).
Today’s daf will teach us three exceptions where the person is not only exempt
from all punishment the action itself is completely permissible (patur umutar-פטור ומותר)
“With regard to this issue Shmuel said: With regard
to all exempt rulings in the halakhot of Shabbat, although
one who performs the action is exempt by Torah law, his action is prohibited
by rabbinic law, with the exception of these three for which he is exempt
and it is permitted to perform the action.
One is this case of the deer. And from what source do we conclude that one is exempt and it is permitted? From the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside.
One is this case of the deer. And from what source do we conclude that one is exempt and it is permitted? From the fact that it was taught in the latter clause of the mishna: To what is this second person’s action similar? To one who locks his house to secure it and it turns out a deer that was trapped before Shabbat is also secured inside.
“And another example where he is exempt and it is permitted is: One who drains an abscess containing pus on Shabbat, if he did so to create a permanent opening in it, he is liable. However, if he did so to drain fluid from it, he is exempt. And from what source do we conclude that one is exempt and it is permitted? As we learned in a mishna: A hand needle used for sewing clothes may be moved on Shabbat to remove a thorn. Apparently, removing a thorn on Shabbat is permitted ab initio to the extent that one is even permitted to move a needle for that purpose.
“And another
case is: One who traps a snake on Shabbat, if he deals with it so
that it will not bite him and in doing so traps it, he is exempt.
However, if he traps it for medicinal purposes, he is liable.
And from what source do we conclude that one is exempt and it is permitted?
As we learned in a mishna: One may overturn a bowl on top of a lamp ab
initio on Shabbat so that the fire will not take hold in the
ceiling beam; and similarly, one may overturn a bowl on top of a child’s
feces so that he will not touch it and dirty himself, and on top of a
scorpion so it will not bite, and the ruling is the same with regard to a
snake.” (Sefaria.org translation)
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