Thursday, October 7, 2021

The shevut, reshut, and mitzvah TB Beitzah 37

Chapter 5 of massekhet Beitzah deals with rabbinic prohibitions on the Festival. The Mishna on TB 36b delineates three categories the rabbis prohibited both on the Festival and on Shabbat with the notable exception of the preparation of food. The three categories are: 1, shevut (שְׁבוּת), activities that are not explicitly forbidden by the Torah and have no mitzvah component; 2, reshut (רְשׁוּת), activities that could have a mitzvah component; and 3, mitzvah.

MISHNA: Any act for which one is liable due to a rabbinic decree made to enhance the character of Shabbat as a day of rest [shevut]; or if it is notable because it is optional, i.e., it involves an aspect of a mitzva but is not a complete mitzva; or if it is notable because it is a full-fledged mitzva, if it is prohibited on Shabbat, one is liable for it on a Festival as well.

And these are the acts prohibited by the Sages as shevut: One may not climb a tree on Shabbat, nor ride on an animal, nor swim in the water, nor clap his hands together, nor clap his hand on the thigh, nor dance.[1]

And the following are acts that are prohibited on Shabbat and are notable because they are optional, i.e., which involve an aspect of a mitzva but are not complete mitzvot: One may not judge, nor betroth a woman, nor perform ḥalitza, which is done in lieu of levirate marriage, nor perform levirate marriage.

And the following are prohibited on Shabbat despite the fact that they are notable because of the full-fledged mitzva involved in them: One may not consecrate, nor take a valuation vow (see Leviticus 27), nor consecrate objects for use by the priests or the Temple, nor separate teruma and tithes from produce.

The Sages spoke of all these acts being prohibited even with regard to a Festival; all the more so are they prohibited on Shabbat. The general principle is: There is no difference between a Festival and Shabbat, except for work involving preparation of food alone, which is permitted on a Festival but prohibited on Shabbat.” (Sefaria.org translation) The Gemara provides the reasons why the rabbis forbade each one of these activities to prevent the person from violating a Torah law.

At the very end of this sugiyah, the Gemara explains why we need three different categories since the all fall under the rubric of a rabbinic enactment (גזירה דרבנן).

“The Gemara asks a question. When the mishna describes those cases as notable because they are optional, is this to say that their prohibition is not because of a rabbinic decree to enhance the character of Shabbat as a day of rest [shevut]? Likewise, with regard to those cases described as notable because they are mitzvot, is this to say that their prohibition is not because of shevut? The mishna, by referring only to the first of its three categories as shevut, implies that the acts listed in the following categories do not involve shevut. But this is not so; as the Gemara stated above, all these acts are prohibited by rabbinic decree to enhance the character of Shabbat and the Festival as days of rest.

Rabbi Yitzḥak said: They are indeed all prohibited as shevut. The mishna lists three types of shevut: Those that involve no mitzva whatsoever, those that have a mitzva aspect to them, and those that constitute a full-fledged mitzva. And the tanna is speaking and arranges his list employing the style of: There is no need, i.e., he arranges the cases in order of increasing notability. First, there is no need to state, i.e., it is most obvious, that plain shevut, which involves no mitzva at all, is prohibited, but even shevut of an optional act, i.e., an act that is a minor mitzva, is also prohibited. And there is no need to state, i.e., it is obvious, that shevut of an optional act is prohibited, but even shevut of a full-fledged mitzva is also prohibited.” (Sefaria.org translation)



[1] See my blog entry for TB Beitzah 30 where I wrote why Tosefot holds that dancing and clapping are now permitted both on Shabbat and on Yom Tov.

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