1)

IS ONE CHAYAV A KORBAN FOR MECHAMER?

(a)

Version #2 (Rav Zevid - Rami bar Chama): If one is Mechamer on Shabbos b'Shogeg, he is not Chayav Chatas; b'Mezid he is stoned.

(b)

Question (Rava - Mishnah): If one was Mechalel Shabbos, and did something which is Chayav Chatas b'Shogeg [he is Chayav Skilah b'Mezid].

1.

Inference: If one is not Chayav Chatas b'Shogeg, he is not stoned b'Mezid!

(c)

Answer: The Mishnah does not say that explicitly - we can explain differently:

1.

If one is Chayav Chatas b'Shogeg, he is stoned b'Mezid; there is something which is not Chayav Chatas b'Shogeg, nevertheless it is Chayav Skilah b'Mezid, i.e. Mechamer.

(d)

Version #3 - (Rava, brother of Rav Mari bar Rachel - R. Yochanan): Mechamer on Shabbos is exempt: (We follow the texts of Rashi and Tosfos.)

1.

B'Shogeg he is not Chayav Chatas, for the entire Torah is equated to idolatry (one is liable only for doing an act himself);

2.

B'Mezid he is not stoned, for a Mishnah says, if one was Mechalel Shabbos, and did something which is Chayav Chatas b'Shogeg [he is Chayav Skilah b'Mezid];

i.

Inference: If one is not Chayav Chatas b'Shogeg, he is not stoned b'Mezid!

(e)

He is not even lashed for the Lav, because it warns for Misas Beis Din (for one who did Melachah himself), one is not lashed for such a Lav;

154b----------------------------------------154b

(f)

Even the opinion (R. Yishmael) that obligates lashes for such a Lav exempts here:

1.

Question: The Torah could have said 'Lo Sa'aseh Chol Melachah...u'Vhemtecha' - why does it say "Ata ...u'Vhemtecha"?

2.

Answer: This teaches that he is liable for his own Melachah, not for that of his animal.

2)

REMOVING SACKS FROM THE ANIMAL

(a)

(Mishnah): When he reaches the outer gate... [he unties the ropes, the sacks fall by themselves].

(b)

(Rav Huna): If it was carrying glass Kelim, he puts pillows and blankets underneath before untying the ropes to make the sacks fall.

(c)

Question: The Mishnah permits taking Kelim which may be moved on Shabbos!

(d)

Answer: Rav Huna discusses Kelim for bloodletting (they are Muktzeh).

(e)

Question: If so, he is Mevatel Kli me'Heichano (the pillows and blankets may not be moved after the Muktzeh falls on them)!

(f)

Answer: He discusses small loads (afterwards one can remove the pillows and blankets one by one, and the Kelim will not break).

(g)

Question (Beraisa): If it was carrying Tevel or Asasiyos (glass lanterns), he unties the ropes, even though they will break. (Tosfos 43A - there is no concern for Mevatel Kli regarding Tevel, since if one was Metaken it, it is permitted - indeed, one may put pillows and blankets to catch Tevel; 'even though they will break' refers only to the Asasiyos.)

(h)

Answer: The Asasiyos are thick pieces of glass (they are not Kelim - since they need to be broken anyway, we do not permit putting pillows and blankets underneath).

(i)

Support: It teaches about Asasiyos together with Tevel - just like Tevel has no use [on Shabbos], also the Asasiyos.

(j)

Question: [If there is no loss] why does it say 'even though they will break'?

(k)

Answer: [Surely, chips will break off, there is a small loss -] one might have thought, we are concerned even for a small loss [and allow pillows and blankets] - the Beraisa teaches that this is not so.

(l)

(Beraisa - R. Shimon): If his animal was loaded with a load of [Tevel] grain, he puts his head underneath the load, moves it to the side and it falls;

(m)

R. Gamliel's donkey was loaded with honey; he did not want to unload it until Motzei Shabbos - it died on Motzei Shabbos.

1.

Question: The Mishnah permits unloading Kelim which may be moved on Shabbos!

2.

Answer: The honey had spoiled.

3.

Question: If so, what use is it?

4.

Answer: It is used to put on wounds of a camel.

5.

Question: He could have untied the ropes, the sacks would fall by themselves!

6.

Answer: The pouches would break from the fall.

(n)

Question: He could have put pillows and blankets underneath!

(o)

Answer: They would have gotten dirty; also, one may not Mevatel Kli me'Heichano.

(p)

Question: But leaving the sacks on is Tza'ar Ba'alei Chayim (pain to an animal, this overrides Mevatel Kli which is mid'Rabanan)!

(q)

Answer: He holds that Tza'ar Ba'alei Chayim is forbidden only mid'Rabanan.

3)

USING TZEDADIM OF AN ANIMAL ON SHABBOS

(a)

Abaye found Rabah rubbing his son on a donkey's back (for the son's enjoyment, on Shabbos).

(b)

Abaye: You are using a living animal (this is forbidden on Shabbos)!

(c)

Rabah: I use Tzedadim (the sides) - Chachamim did not forbid this.

(d)

Question (Abaye): What is your source?

(e)

Answer (Rabah - Mishnah): One unties the ropes, the sacks fall by themselves.

1.

Assumption: The sacks are Gavalki (on opposite sides, tied together by ropes on top - to untie them, one must push them [up and/or] against the side of the animal to reduce the tension in the ropes) - this shows that Chachamim did not decree about Tzedadim!

(f)

Rejection #1: No, they are Agalvaki (a ring with a nail holds the ropes together, one removes the nail and they fall - one need not use the sides of the animal).

(g)

Rejection #2: No, they are Lechta (rings with a pin holds the ropes together, one removes the pin and they fall).

(h)

Question (Mishnah): If two walls of a Sukah were manmade and a tree was the third wall, it is Kosher, but on Yom Tov one may not use it (the Sukah, for one may not use trees).

1.

Suggestion: The boards of one wall fit into holes carved into the tree, the Sechach rests on the wall - this is only Tzedadim, nevertheless it is forbidden!

(i)

Answer: No, the case is, he bent the tree (tied it to another tree) and put Sechach on top of the tree itself - the Sukah makes use of the tree itself.

(j)

Question (Seifa): If three walls were manmade and a tree was the fourth, it is Kosher, one may use it on Yom Tov.

1.

If he bent the tree [and put Sechach on top], this should be forbidden!

(k)

Answer: The case is, it is a tree whose branches go out horizontally, it is just a wall (it does not support the Sechach. We could have answered like above, that he carved the wall into the tree, just it is unlikely that one would bother to do so, since it is Kosher without the fourth wall.)

(l)

Support (Mishnah): The general rule is - whenever the Sukah could stand even if the tree was removed, one may use it on Yom Tov;

(m)

Suggestion: Tana'im argue about Tzedadim:

1.

(Beraisa): [If a tree makes the third wall of a Sukah,] one may not use it on Yom Tov;

2.

R. Shimon ben Elazar permits.

3.

Assumption: They argue about Tzedadim - the first Tana forbids them, R. Shimon permits them.

(n)

Rejection (Abaye): No, all forbid Tzedadim;

1.

They argue about Tzidei Tzedadim (beams are held in holes in the trees, and the Sechach rests on the beams) - the first Tana forbids them, R. Shimon permits them.

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