1)

REBBI SHIMON'S OPINION

(a)

Support (that Rav holds like R. Yehudah): Rav taught that one may leave a Ner on a date tree to burn on Shabbos, but not on Yom Tov.

1.

If he holds like R. Yehudah, we understand the difference (on Yom Tov, he might take the Ner, thereby using the tree, which is forbidden mid'Rabanan - we are not concerned for this on Shabbos, for even after a Ner extinguishes one does not move it);

2.

But if he holds like R. Shimon, who permits a moving a Ner that went out on Shabbos, the same concern applies on Shabbos!

(b)

Question: The following shows that Rav does not hold like R. Yehudah!

1.

Rav was asked if one may remove a Ner Chanukah lest it be seen by Chaverim (a nation amidst the Parsim that decreed against it) - he permitted it.

(c)

Answer: Sha'as ha'Dechak (pressed circumstances) in an exception.

(d)

Support - Question (Rav Kahana and Rav Asi): Is this really the law?

1.

Answer (Rav): In Sha'as ha'Dechak, we may rely on R. Shimon's opinion.

(e)

Question (Reish Lakish): If one planted wheat in the ground, or put an egg under a hen, what is the law?

1.

Perhaps R. Shimon permits Muktzeh only when one was not Docheh b'Yadayim (overtly show that he does not intend to use the item), but when he was Docheh b'Yadayim, he forbids;

2.

Or, perhaps he permits in any case!

(f)

Answer (R. Yochanan): R. Shimon forbids only oil in a burning lamp, for it was Huktzah (set aside) for the Mitzvah (Ner Shabbos) and (Tosfos ha'Rosh adds this word to the text) Huktzah on account of Isur (one may not take it, lest he extinguish).

(g)

Question: R. Shimon forbids Muktzeh for the Mitzvah [alone]!

1.

(Beraisa): If a Sukah had the proper amount of Sechach, and one adorned it with colorful illustrated curtains and sheets, and hung nuts, peaches, almonds, pomegranates, twigs with grapes clusters, crowns on ears [of grain], wines, oils and flour, it is forbidden to use [or eat] them until after Simchas Torah;

2.

If he stipulated [that he may use them during Bein ha'Shemashos of the first night], it works (they are permitted).

3.

Question: How do we know that this Beraisa is like R. Shimon?

4.

Answer: R. Chiya bar Yosef recited the following Beraisa in front of R. Yochanan.

5.

(Beraisa): On Yom Tov, one may not take wood from a hut, only from wood nearby;

6.

R. Shimon permits.

7.

On Sukos, all agree that one may not take from a Sukah for the Mitzvah; if he stipulated, the stipulation works.

(h)

Answer: R. Yochanan meant, R. Shimon forbids [on account of Muktzeh] only things like oil in a [burning] lamp - since it was Huktzah for the Mitzvah, it is Huktzah regarding Isur (one may not move it).

(i)

Support (R. Chiya bar Aba citing R. Yochanan): R. Shimon forbids only things like oil in a burning lamp - since it was Huktzah for the Mitzvah, it is Huktzah regarding Isur (Me'iri - it was Huktzah for the Mitzvah or Huktzah on account of Isur).

(j)

(Rav Yehudah): R. Shimon forbids [on account of Muktzeh] only [figs and grapes left to become] dry figs and raisins [for they are not fit to eat when they are partially dried].

(k)

Objection: He forbids other things also!

1.

(Beraisa): If one was eating figs or grapes and brought the leftovers to the roof to make dry figs or raisins, he may not eat them [on Shabbos] unless he was Mezamen (declared intent to eat) them;

2.

The same applies to peaches, quince and all species.

3.

Question: Who is the Tana of the Beraisa?

i.

It is not R. Yehudah - he forbids Muktzeh even if he was not Docheh b'Yadayim, and all the more so when he was Docheh b'Yadayim!

4.

Answer #1: It is like R. Shimon.

(l)

Answer (and Answer #2 to Question l:3): Really, it is like R. Yehudah, he teaches a Chidush concerning eating;

1.

One might have thought that since he was eating, Hazmanah is not required - the Beraisa teaches, this is not so - once he puts them on the roof, he ceases to think about them.

(m)

Question (R. Shimon bar Rebbi): What is R. Shimon's opinion about [detached] unripe dates [that ripen by themselves]?

45b----------------------------------------45b

(n)

Answer (Rebbi): R. Shimon forbids only dry figs and raisins.

(o)

Question: Rebbi does not permit [all other cases of] Muktzeh!

1.

(Mishnah): One may not give to drink (Rashi - to facilitate flaying; Rambam - to clear the lungs of things that look like blisters that make it Treifah) and slaughter Midbariyos (wilderness animals); one may give to drink and slaughter Baisos (domestic animals):

2.

(Beraisa): Midbariyos are animals that go away [to the wilderness] at Pesach, and return at the first rainy season [in Cheshvan, the start of winter]; Baisos are those graze outside the Techum (outskirts of the city) during the day, and spend the night within the Techum.

3.

Rebbi says, both of these are Baisos - Midbariyos are those that graze in the dirt and never enter civilization, not in summer nor winter.

(p)

Answer #1: Midbariyos are just like dry figs and raisins (he keeps them in a place where it will be an exertion to get them, showing that he does not intend to use them - R. Shimon admits in such cases);

(q)

Answer #2: Rebbi explained [to his son] the opinion of R. Shimon - he himself disagrees.

(r)

Answer #3: [In the Beraisa] Rebbi addresses Chachamim according to their reasoning, he himself disagrees:

1.

I permit Muktzeh - granted, you forbid Muktzeh, but you should agree that animals that go away at Pesach and return in winter are Baisos.

2.

Chachamim call these Midbariyos.

2)

LIKE WHOM DOES R. YOCHANAN RULE?

(a)

(Rabah bar bar Chanah citing R. Yochanan): [In the Beis Medrash] they said that the Halachah follows R. Shimon.

(b)

Question: But an elder asked R. Yochanan whether or not one may move a hen's nest, and he answered, it is solely for chicks (it is forbidden, like a Kli she'Melachto l'Isur (its normal usage is forbidden on Shabbos)).

(c)

Answer #1: The case is, there is a dead chick inside (R. Shimon agrees that it is Muktzeh).

(d)

Question: This is like Mar bar Ameimar, who says that R. Shimon agrees that if an animal [that was healthy before Shabbos] died on Shabbos, it is Muktzeh;

1.

But according to Mar brei d'Rav Yosef, who says that R. Shimon permits even this, how can we answer?

(e)

Answer #2: The case is, there is an egg inside (it is forbidden on account of Nolad (something that came into existence on Shabbos).

(f)

Objection: Rav Nachman taught that the opinion (R. Yehudah) that forbids Muktzeh forbids Nolad, the opinion (R. Shimon) that permits Muktzeh permits Nolad!

(g)

Answer #3: The case is, in the nest is an egg with a chick inside (it is not fit even for a dog, R. Shimon agrees that it is Muktzeh).

(h)

(R. Yitzchak bar Yosef): R. Yochanan says that the Halachah follows R. Yehudah, R. Yehoshua ben Levi says that it follows R. Shimon.

(i)

Rav Yosef: This is why Rabah bar bar Chanah cited R. Yochanan to say 'They said that the Halachah follows R. Shimon' - R. Yochanan himself disagrees.

(j)

Question (Abaye): You should have known this before hearing R. Yitzchak's teaching!

1.

R. Aba and R. Asi visited R. Aba of Chaifa; a Menorah fell on R. Asi's garment [on Shabbos] - he did not move it.

2.

Surely, this was because R. Asi was a Talmid of R. Yochanan, and R. Yochanan holds like R. Yehudah!

(k)

Answer (Rav Yosef): We cannot learn from there, a Menorah is different (even R. Shimon forbids)!

1.

(Reish Lakish): One may move a Menorah that can be held in one hand, but not one that requires two hands;

2.

(R. Yochanan): One may move a [used] Ner, like R. Shimon, but not a Menorah, whether it is held in one or two hands;

(l)

Question: What is the reason?

(m)

Answer #1 (Rabah and Rav Yosef): This is because a person fixes a place for it.

(n)

Question (Abaye): A person fixes a place for Kilas Chasanim (a canopy over a bed, it is supported on a beam in the middle and slopes down on both sides), yet Shmuel permits to spread the covering or take it down on Shabbos!

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