Sunday, September 12, 2021

Shops opened on Yom Tov! TB Beitza 11

 In all the mishnayot of the first chapter of massekhet Beitza Beit Shammai has a more circumscribed understanding what is permitted on the festival while Beit Hillel has an expansive understanding of what is permitted in order to increase a person’s joy. The second Mishna on our daf TB Beitza 11b Beit Hillel teaches us an extraordinary leniency. “Beit Shammai say: One may not remove the shutters [terisin] of a store on a Festival, due to the prohibition against building and demolishing. And Beit Hillel permit one not only to open the shutters, but even to replace them.” (Sefaria.org translation) The Gemara goes on and explains exactly what shutters are we talking about which reminded me about growing up in Pepper Pike, Ohio and going to Orange High School in the early 70s.

“The Gemara asks: What are these shutters? Ulla said: This is referring to shutters of shops. The marketplace shops or stalls were large crates or wagons, not buildings. They were closed at night with shutters. The shopkeepers would open the shutters on the Festival so that people who did not manage to finish all of their Festival preparations before the Festival could take the articles they required and settle accounts with the storekeeper later. Beit Shammai and Beit Hillel disputed whether the shutters may be opened and closed on the Festival itself.” (Sefaria.org translation) Ulla explained the reason behind this extraordinary leniency. “The Sages permitted an action whose result is undesirable in order to encourage a desirable initial action.” (Sefaria.org translation) Beit Hillel and the sages wanted to make sure people enjoyed the holidays to the maximum. Indeed the halakha is according to Beit Hillel. See Shulkan Arukh, Orekh Hayim 519:1

The shopkeepers were very trusting to allow people to take articles they needed for the Festival on the Festival and rely that they will return after the Festival and pay their bill! Remember no money could be exchanged nor any written record was allowed. With

What does this have to do with my high school? When I went to high school almost nobody locked their lockers. Nobody thought that anybody would really steal something out of somebody else’s locker. Just like the shopkeepers and their customers, we trusted our fellow schoolmates. I was surprised when I visited other high schools and saw all the lockers locked.

I’m sorry to say that this era is gone. I returned to my high school many decades ago and saw that all the lockers were also locked.

No comments:

Post a Comment