Episode Transcript
[00:00:03] We learned in the previous Mishnah that the status of the sea and really any large pool of water or a river is considered to be a Carmelis. It hasn't got sufficient walls which are near enough to each other or steep enough to be considered a rosh has, and it's not considered to be public enough or similar enough to a large public street for it to be considered a roshosa rabim, and it is therefore considered to be a Carmelis. Now, a few consequences of that are as follows. Hazo Bashar, who throws something from the sea onto dry land, so that's from a Carmelis into a Shusarabim, or from the dry land into the sea, from into a Carmelis, or if it's from the sea into a ship, so that would be a Carmelis into a We're referring to a situation where the ship has the necessary dimensions to be considered a so it's at least 4 by 4 TFAChem, which a height of at least 10.
[00:00:59] Or if it's the opposite of if he throws something from the ship, which is a part private domain, into the sea, which is a Carmelis, and finally if he throws from one ship to another ship over the sea in between them, so that's passing from over a karmaless into another.
[00:01:18] So in all these cases, since a Carmelis is involved and no act of taking something from a into or vice versa was involved, potter he is exempt, because although this is all forbidden mid Rabanan, it is totally okay mid araisa, and therefore you are exempt. Continuous. The mission of the Halach is that if there are two different two different private domains, each one owned by a different person midrabonon, at least in general, one is not allowed to carry from one into the other unless they make an eruv hatzer together, a type of eruv which makes it considered all one domain. But halachas are discussed more in detail in the next mesech, the Masech's eirven. But be it as it may, there is one condition attached, and that is that the two have to be right next to each other, or at least they have to be connected by another roshos hayd, which would be part of the area of Hatzeris. But if there is a different reshus in between them, then they cannot make an area of Hatziros, and therefore Mudrabon will be forbidden to carry from one of those private domains to the other. So the mission says, if there are two ships owned by two different people, and they are tied to each other. So that means they're right next to each other and the sea does not interact between them at all. So that means this condition is fulfilled. And as long as they make an era of Hatzer between them, they can carry from one to the other on Shabbos. However, in Anon Kashruis, if they are not tied together, then afo pisha mukophos, even if they are next to each other, since there is bound to be some sea in between them and they are not literally touching each other, then a Metallica mazonazoi, one may not carry from one to the other. And an era of Hatzeris would not help since the two ships are not next to each other. As we explained, the halach is that if somebody breaks Shabbos, but he doesn't realize that what he is doing is a violation of Shabbos, well, let's say he doesn't know that it is Shabbos right now, so he is obligated to bring a carbon chatos for that Malachah. Now, at the end of this Mishnah, we're going to see a rule that one is only obligated and really allowed to bring a carbon khatos. If both the beginning and the end of the malacha was done in a state of shga, of mistakenness, of not realizing that what he was doing was forbidden. However, if, let's say, halfway through doing the Malacha, he realizes it's Shabbos or he realizes that it's forbidden, then he will not be obligated to bring a carbon. So the Mishnah says hazarit, one who throws something either from one domain to another or for four amasin or shusarabim. And after it's left his hand, he realizes that what he was doing was forbidden. Or perhaps he realizes it's shabas after it left his hand. So that means that the last part of the malacha, when it was actually, when there was a hanaka, when it landed on the ground, it was no longer in a state of shkaga, and therefore he's going to be exempt. The mission now goes on to a different case. If somebody throws something but before it's able to land, somebody else comes towards that thing and somebody else caught it. So that means that the final part of the Malacha was done by a second person, number one. Number two, your intention of your malacha wasn't really fulfilled. You intended that it land somewhere else. And therefore, once again, in this scenario, you would be Pottery would be exempt. And third, case is where you threw it and klotog kalev, a dog caught it in his mouth. Now, the dog's mouth is not considered to be a so whatever happens, if it lands there, you are not Chayev. Although the Gemara does discuss in a case where you are aiming for the dog's mouth, perhaps you might be chayav. We view the dog's mouth as if it was a roshayachid. But that's not the case of our Mishnah eshanistrafar. Or if, let's say, the thing that you threw burnt in the air before it managed to land. So in any of these cases where the Malacha was not completed in the same way as it started, potter, you are exempt. And now the Mishnah goes back to the first case to teach this rule.
[00:05:13] If somebody threw something at somebody or at an animal in order to make a wound on him or on the animal, so that is forbidden to do on Shabbos. But then he realized before the wound was made that this was forbidden or that it was Shabbos. So that means at the end of the Malacha, it was not in a state of Shagaga, it was no longer by mistake. In that case, potter, he's exempt because of the following rules.
[00:05:39] This is the rule.
[00:05:42] Anybody, in order to be a common chatos, they are not Chayev ad sheteht gilosavan shkoga. Unless both the beginning and the end of the Malacha the was done in a state of being, it by mistake. And the Mishnah elaborates, if the beginning of the Malacha was in a state of Shkaga, it was by mistake the siphon zodain. But the end of it was done when you realized that you were doing something forbidden, it was on purpose.
[00:06:10] If at the beginning it was on purpose, and only at the end it was by mistake. In those two cases between you are exempt until both the beginning and the end of the Malacha die in a state of Shigaga, only then would you be chaya have a carbon chatos. Now, the reason why the Mishnah adds on this last bit is to teach you very interestingly, as the Gemara elaborates, that if the middle part of the Malachah was done intentionally, as long as the beginning and the end were done by mistake, and if you combine together the beginning and the end, it is considered a significant Malacha, then you would still be Chayyev. Despite this middle bit. It should be noted that the Gemara gives two different explanations for much of this Mishnah. We explained it according to one explanation. But the Gemara does have a second explanation.
[00:06:56] After spending the most part of the first 11 parakim of the Mesekhta discussing one particular malacha out of the 39, which happens to be the last of the 39 malachas, from Perek Yudbeis onwards, we're going to be discussing different malachas. And the two which are discussed in this mishnah are the malachah of Bayne building and the various toldos which are part of that malacha, and makba patish, which literally means hitting with a hammer, and it refers to a malacha which completes a process. If this is the last thing which needs to be done to the item, then that would come under the category of makabepatish. And if, let's say you have a case where the last thing which needs to be done in the process is a tolda of bina as well, it's a subcategory of building, then you would actually be liable for two different malachas because both of them were included. Says one who builds.
[00:07:51] How much does he have to build in order to be liable? Says the Mishnah kolshahu, one who builds any amount. Let's say there's a hole in a wall, and he fills in that hole. That is enough to make him chayev, the hamasatis, if somebody smooths a stone or cuts it to a particular shape, the Hamakima patish, or if somebody hits something with a hammer, and this is referring to a case where somebody is quarrying stones, he's cutting stones off of a moun, and the stones are almost off. And the last thing which he needs to do is to give it a big hit from the hammer. So if he does that, he would be transgressing the molocha of makat, or if he hits something with an axe. And finally, ha, one who makes a hole in something, he drills a hole kolshahu. Any amount of these malachas would make one, because any amount is considered significant.
[00:08:41] However, the misha does qualify this zahaklaw. This is the rule.
[00:08:47] Anybody who does on Shabbos which lasts, and what this means is that even if you just do just a tiny amount, it has to be something which is useful right now. For example, if you make a small hole, if that hole is useful as it is right now, then yochai. But if this cannot be used at all, and it is only useful as part of a beginning of something bigger, then you would not be chayev, because it is not considered to be something significant at all. Now, if it is considered something useful, then even if you intend to make it bigger later on, since it is useful and it can be used by some people, you would be chaev for doing that. Now, I'm shimming aml Imram and shimming amliel says even one who hits a hammer on a saddon on an anvil, which is a thick block of metal on which a hammer and other tools were hit in order to smoothen them so that those tools would be fit for use. So if he does that at the time that he is working, even though he's not actually doing anything to the thing which he is improving or creating, rather he is improving the tool, he is making that fit for use, nonetheless, he is chayev, neshu, Kamasak, malacha, because that is like fixing the work, meaning ultimately, by improving the hammer, you're improving the work and whatever you are creating with the hammer. So really this is part of the work, and therefore you would be chayyev for doing such a thing. Mishnah Bates the main focus of this mishnah are the to of the two malachas of plowing and planting seeds. So firstly, the mishnah says that khayvish, one who plows a field kolshahu, any amount of ground which he plows will make him chayyev, because as soon as he plows any tiny amount of land, he has now made that fit for planting at least one seed. So that's the av malacha. And the tois include pretty much anything which improves the ground and makes it fit for planting. Hamanakish, one who removes weeds, one who cuts off the dead branches of a tree. So here he's actually improving the plant itself, not just the ground, but the plant. And therefore it is a to of planting the tree, because he's really causing the tree to grow more vam azorid, one who cuts certain alive branches. If, let's say, there are too many branches taking up the tree's nourishment and weakening the tree, so he would cut some of the branches, and again, that is in order to improve the tree itself. So it's a to of.
[00:11:12] Of planting seeds any amount, he would be. Now, what happens if somebody does a particular malacha? And there are multiple reasons why he could be doing this malacha? The answer is it depends on why he is doing it and based on his intention. That's how we determine, firstly, what malacha it is, and secondly, how much of it he has to do. In order to be cha, because each malacha has a different minimum amount to be done in order to be chaev. So the Mishnah gives a couple of examples. Malakit eatsim, one who takes wood off of a tree. So if he does it in order to improve the tree, in which case it would be a tolda of the malacha of planting a tree. Or it could be le Sake means that he wants to improve the ground itself by lightening the tree. So since he is improving the land, that will be a tolda of plowing, where again you improve and prepare the land for planting. Be as it may, in any of those cases, kolshahain, any amount of wood which he cuts off the tree would make him chayev, because that already improves the tree and the ground. Now if, let's say he intended for both of them to improve both the land and the tree, so then it's considered as if he did two malachas. And what happens if Imhesak, if his intention was to use it as firewood, then it's only considered a significant malacha if he cut enough to make a fire to cook a easy egg, which as we have seen, refers to a chicken egg mixed in oil, which is the quickest kind of egg to be cooked. Next example, I'm lucky to sovim, one who collects grass, he cuts grass off the land. So Imlu Sakain, if his intention is to fix the ground, to improve the ground, then it is a tolda of plowing and kolsha, who any amount which he does, he'll be highev. Just like if you plow any amount, you'd be cha that already improves the land. On the other hand, imliv hama, if it is to use that grass for feeding animals, then kim loy piagdi, he'd be chayev if he cuts the amount which fills the mouthful of a kid goat, which is the smallest animal which eats grass, and therefore that is the amount which would make you chayev for uprooting grass in order to feed an animal.
