Monday, December 4, 2023

Walk don’t run TB Baba Kama 32

The last couple dappim in our massekhet have dealt with collision liability. The general rule of thumb is the person who is doing something unusual or uncommon and causes an accident is liable for damages. Today’s daf TB Baba Kama 32 discusses who is liable when people are running. Isi ben Yehuda holds that running is the unusual mode of transportation in the public domain, the runner is liable for damages. “Isi ben Yehuda says that one who runs in the public domain and causes damage is liable to pay for any damage he causes because his behavior is unusual in the public domain. And Isi concedes with regard to one who runs and causes damage at twilight on the eve of Shabbat that he is exempt, because he is running with permission.” (Sefaria.org translation) When two people are running in the public domain and collide, neither are liable for damages because both are acting irresponsibly in the public domain.

The Gemara asks and then answers his own question “What is the reason that running at twilight on the eve of Shabbat is considered to be with permission? The Gemara answers: It is like that which Rabbi Ḥanina would say, as Rabbi Ḥanina would say at twilight on the eve of Shabbat: Come and let us go out to greet the bride, the queen (בּוֹאוּ וְנֵצֵא לִקְרַאת כַּלָּה מַלְכְּתָא). And some say that this is what he would say: Come and let us go out to greet Shabbat, the bride, the queen (לִקְרַאת שַׁבָּת – כַּלָּה מַלְכְּתָא). Rabbi Yannai would wrap himself in his tallit and stand at the eve of Shabbat at twilight, saying: Come, bride; come, bride. Similarly, it is appropriate for one to run out in honor of Shabbat.” (Sefaria.org translation)

Anyone familiar with the Kabbalat Shabbat service will recognize the poem/prayer Lekha Dodi written in the 16th century in Safed by Shelomo ben Moshe Halevi Alkebetz from our Gemara. The refrain of Lekha Dodi is “לְכָה דודִי לִקְרַאת כַּלָּה. פְּנֵי שבָּת נְקַבְּלָה -Come, beloved to greet the bride! Let us receive the Shabbat.” The Sefardic tradition is even closer to our Gemara. When one is adding a third “to greet the bride” in the last refrain, the person says, “בֹּאִי כַלָּה, שַׁבָּת מַלְכְּתָא.”

According to our Gemara, the person is only running minutes before Shabbat commences in order to greet Shabbat as one who runs to greet royalty. But everyone who observes Shabbat knows we almost always never have enough time to do everything we need to do before we must stop and observe the Shabbat. The clock is running. The Rosh and other rishonim extend the time permitted to run from mid-day in order to accomplish all that needs to be done before Shabbat. Running to prepare for Shabbat is running with permission.

 

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