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מעשה שבת ב' | צורבא מרבנן - רד | הרב בן ציון אלגאזי
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One, it's called easy. Good morning,
good day to everyone. We are. Toward
the final booklets, the final lessons
in the laws of Shabbat. We are in part
two and the final one regarding Ma'aseh
Shabbat, in Hebrew easier than the laws
of Shabbat. So today we will try to
bring a few more special ramifications
regarding this matter, after we
understood last week the whole subject
of Ma'aseh Shabbat, the dispute between
Rabbi Meir and Rabbi Yehuda, who we
follow in practice, and so on. Today we
will deal with some special things
regarding the matters of Ma'aseh
Shabbat. I will just define it for
those who weren't involved last week.
There are new faces here, maybe we can
do seven blessings. The definition of
Ma'aseh Shabbat is, by definition,
actions that were done in violation of
Shabbat. Is it permitted to use those
actions, to benefit from those actions
on Shabbat or, alternatively, after
Shabbat? I will just state the simple
law. We rule in practice like Rabbi
Yehuda. What was done unintentionally,
it is permitted for everyone to use
that work which was done in violation
of Shabbat, after Shabbat, meaning
neither the one who did the work nor
others. And if it was done
intentionally, for himself it is
forbidden. And for others, it is
permitted immediately after Shabbat. If
a gentile performed work prohibited for
a Jew on Shabbat, that work is
permitted after Shabbat. To allow the
time it takes to perform that same work
, in order, it's a fine, not Torah law.
>> It is all a category of a fine and not
Torah law. We had three approaches
among the Tannaim: Rabbi Meir, Rabbi
Yehuda, and Rabbi Yochanan Hasandlar.
Rabbi Yochanan Hasandlar says it is
Torah law; Rabbi Meir and Rabbi Yehuda
say it is a fine. Today we will deal
with something we already touched upon,
which is regarding Ma'aseh Shabbat with
Rabbinic prohibitions: do the same
rules of Torah law apply here,
unintentional means permitted
immediately after Shabbat, intentional
means only for others and not himself,
etc.? Your honor will already bring
that up. We will now put things in
order, because there is a bit of
confusion here among the decisors. The
Mishnah Berurah brings in source one
before you, page 81: one does not
separate. The meaning is one does not
separate Terumot and Ma'asrot on
Shabbat. It is forbidden to separate
Terumot and Ma'asrot on Shabbat because
it is called "fixing a vessel,"
something that is impossible to use,
you fix it on Shabbat, this is called "
fixing a vessel." So the author says:
one does not separate Terumot and
Ma'asrot on Shabbat, as it is similar
to sanctifying those fruits he
separated, and further, it is like
fixing something that is not fixed. And
if he transgressed and separated
intentionally, he shall not eat it, nor
shall others, until after Shabbat as a
fine. And if it was unintentional, it
is permitted for him even immediately.
The Mishnah Berurah says here something
very interesting. If this separation
was done intentionally, it is forbidden
for him and for others until after
Shabbat. Unintentionally, suddenly
Rabbi Meir's approach enters here, that
it is permitted to use it even on
Shabbat itself. How can it be
unintentional? He doesn't know there is
a problem with separating Terumot and
Ma'asrot on Shabbat. I don't think
there is a problem with this; I hope he
knows it is Shabbat. I don't want to
bring another option to the other side
that it is unintentional just because
he doesn't know. There are many people
who don't know there is a problem
separating tithes on Shabbat and.
>> Can we also call this "Makar Patish"?
>> I don't know about a hammer, that's
unrelated. The food itself is ready to
eat. The food, as food, is ready for
consumption. What does it matter? It's
about the food itself. Because Rabbi
Chaim is in control of all Sabbath laws
, since he is a master of the subject,
he already brings up additional things.
>> Is there a solution to eat something
that...
>> What? What?
>> Is there a solution to eat or...
>> There is no solution to eat, except for
the solution that if you make a
stipulation before the Sabbath, then
you can also separate tithes on the
Sabbath. But if you didn't separate
them on the Sabbath itself, not only...
there is a story, I don't know, it's a
Hasidic story, I don't know how to tell
you the practical legal ruling. They
say that a Rabbi came to Rabbi Shalom
Zaltzman in Jerusalem and said to him:
"Listen, I forgot to separate the
tithes from the watermelons." Now, most
things in Jerusalem are already tithed,
especially in Mahane Yehuda, so he told
the story about Mahane Yehuda. He says
to him: "Listen, I didn't separate them
and I don't know what to do." So
Zaltzman thinks for a moment and says
to him: "You are permitted." He says: "
What is permitted?""After all, you
can't separate tithes on the Sabbath."
He says: "No, on the Sabbath you cannot
separate them, but if they dropped some
watermelon on the floor, and if a
watermelon fell on the floor, then it
can be considered as if it were already
tithed." I am only telling you a story,
I don't know all the legal steps that
exist and whether one can rely on this,
and whether you can eat it. If you want
to happily rely on Hasidic stories,
then it was Rabbi Shimon Zaltzman, but
it doesn't matter, but that's relying
on a Hasidic story. This is the story,
if you want I will refine it, I will
bring it, maybe the story itself
exactly as I saw it. It appears in "
Torah HaSimcha," there are two parts to
"Torah HaSimcha," that is where this
story appears. To what extent it is
legally correct and holds up, I need to
check, but for a story, it's a good
thing. If we already talked about the
matter of terumot and tithes, Moshe, I
remembered another story together with
him, that a certain Lithuanian yeshiva
student came to him, very pious, and he
served him fruits and vegetables to eat
. He says to him: "Honored Rabbi, I ask
your forgiveness, I have a custom that
wherever I go I separate terumot and
tithes myself, I don't rely on anyone."
He says to him: "That's perfectly fine,
you don't rely on anyone?""What, who am
I to make you stumble?" He went,
brought him a knife, brought him a bag,
brought him the formula for tithing,
and said: "Just recite the blessing,
it's not totally untithed, it's at
least*demai*(doubtfully tithed)." And
he stands before him, listen, he cuts a
piece from every fruit and this and
that, separates it into the bag, says
the formula, and he says to him: "
Simple, tell me, are you done?" He says
: "Yes." He started to eat the tithes!
He says: "Impudent!""In my house!""
Eating all the tithes that he just
separated!" He started to eat them!
Amazing, he didn't play games, he
certainly didn't like all sorts of
foolishly pious people like that. So,
so you ate tithes, no more and no less,
you finished.
>> A Chassidic story, too?
>> No, this is a true story, it’s a
Litvish story. A Litvish story, it’s
real.
>> Yes, that’s true. Just like that, a
young guy, a chutzpah. Okay, so, uh, so
, there is a Rambam in Source Two
before you, and here we are ostensibly
discussing this matter—what the
Rambam held regarding Shabbat
activities involving a Rabbinic
prohibition. So, let's see: The Rambam
says, one who immerses vessels on
Shabbat unintentionally—may use them
on Shabbat itself; intentionally—may
not use them until after Shabbat. There
are two innovations in the Rambam here:
one, that in the case of a Rabbinic law
—because immersing vessels on Shabbat
is a Rabbinic law—he also regulates
it. Once again, he rules according to
Rabbi Meir, that it is permitted to use
it even, when? On Shabbat itself. That
is for unintentional; intentionally, it
is permitted to use them immediately
after Shabbat, until after Shabbat. The
Biur Halacha says: How can such a thing
be? If Rabbi Yehuda tells you that if
there is a Rabbinic prohibition, there
is no, no penalty, so there is no
penalty at all. But if it is a Rabbinic
prohibition done intentionally, it
implies that even for Rabbi Yehuda, it
should be forbidden forever. Ostensibly
, there is a difference between a
Rabbinic prohibition and not a Rabbinic
prohibition—look at the Biur Halacha
that appears in Source Four before you
—the usage on Shabbat or
unintentionally. But this requires
further study, says the...the Gra wrote
there: regarding Rabbinic work, Rabbi
Yehuda held like Rabbi Meir. Regarding
Rabbinic work, Rabbi Yehuda held like
Rabbi Meir that it is permitted to use,
when? Rabbi Yesai, even on Shabbat
itself. And it implies there that
whether it concerns unintentional or
intentional, there is no difference
between Rabbinic and Torah law. And so
it is implied by the Rambam, who ruled
that if one immerses intentionally, one
may not use them after Shabbat, and so,
it implies that after Shabbat it is
permitted, even if not...and the Biur
Halacha asks about the words of the
Rambam, that he rules like Rabbi Yehuda
regarding Torah law done intentionally,
what is the law, gentlemen? Forbidden
forever! So if that’s the case,
Rabbinic law should also be intentional
, yes? That it should be forbidden
forever. Why does the Rambam permit it
after Shabbat in an intentional case?
Because Rabbi Yehuda holds that they
did not penalize unintentional or
intentional in Rabbinic law, but
regarding intentional itself, we have
not found in the Gemara that he
differentiates between Rabbi Yehuda and
Rabbinic versus Torah law, and it
requires study. The Biur Halacha cannot
understand: When do we in fact treat
Rabbinic law leniently and rule like
Rabbi Meir that unintentionally it
should be permitted on Shabbat itself?
And when do we say that intentionally
we also treat it leniently, that it is
permitted and we do not forbid it, what
? Forever, because it’s...after all
it’s...it’s intentional. In any
case, he rules practically, the Shaar
HaTziyun and let's also say the halacha
for the matter, nevertheless, for the
essence of the law, I do not know the
reasoning of the Rambam, why he is
lenient intentionally after Shabbat,
since he ruled like Rabbi Yehuda, and
we haven't found in the Gemara that
Rabbi Yehuda differentiated between
intentional Torah law and Rabbinic law.
These are the questions: Is there a
difference in Shabbat activity between,
between, between Rabbinic and Torah law
? No. Intentionally, there is no
difference between Torah and Rabbinic
law—it should always be forbidden. We
have already written about this in the
Biur Halacha in Siman 318 there. In any
case, regarding the law, we certainly
shouldn't be stringent here, as the Gra
ruled that even for a Torah-prohibited
labor we follow Rabbi Meir, and
regarding Rabbinic prohibitions, there
is certainly room to be lenient. The
Sha'ar HaTziyun rules this in practice.
Since the Gra rules, as we said last
week, that the law effectively follows
Rabbi Meir that if done unintentionally
[shogeg], it is permitted to use it,
when Rabbi Yissa? On Shabbat itself,
immediately. According to the Gra, who
ruled like the Tosafot, who ruled that
the law follows Rabbi Meir, that is the
bottom line. We rule in practice that
if it was done unintentionally [shogeg]
, one may use it, when Rabbi Yissa? On
Shabbat itself, immediately. Shabbat on
Shabbat itself, this is called
immediate; there is nothing more
immediate than this, and if done
intentionally [mezid], it will be
permitted after Shabbat as well.
>> Also.
>> Also not itself, this too. Therefore,
in practice, for matters of Rabbinic
prohibitions, we are lenient, pay close
attention, according to the opinion of
Rabbi Meir. Even though in practice we
rule like Rabbi Yehuda regarding
Rabbinic prohibitions, in reality, we
are lenient like Rabbi Meir with all
that implies. Rabbi Avi Noam makes an
excellent point following this. Yalkut
Yosef rules a very interesting law: if
they turned on the air conditioner on
Shabbat intentionally [mezid], yes,
this, or if they turned on the fan
intentionally [mezid]—it is forbidden
to benefit from the air conditioner or
the fan on Shabbat because it is
intentional, even though it is a
Rabbinic prohibition. And if they did
so unintentionally [shogeg], or if they
performed a forbidden act—even though
they performed a prohibition, it is
nonetheless permitted to benefit on
Shabbat from the air conditioner and
the fan. And here he also is lenient
like Rabbi Meir regarding a Rabbinic
prohibition; to use it, when Rabbi
Yissa? On Shabbat itself, immediately.
Because one may rely on the opinion of
the Acharonim. The opinion of the
Acharonim refers to the Sha'ar HaTziyun
, which is the Biur Halacha, which is
the Mishnah Berurah; one may rely on
the opinion of the Acharonim who hold
that there is no Torah prohibition in
generating an electrical current, only
a Rabbinic one. And if it is Rabbinic,
we can rule even for Sephardim like
Rabbi Meir, that it is permitted to use
it on Shabbat itself. Are they wrong?
Now, Rabbi Yissa, a few more special
cases of Ma'aseh Shabbat [actions
performed on Shabbat], and with this,
we will conclude the subject of Ma'aseh
Shabbat. So, A, there is a concept on
Shabbat called "mit'asek"[unintentional
engagement]. Mit'asek—there is a
person who performs a labor initially
with intent, this is defined as "
melechet machshevet"[thoughtful work],
according to the Torah. He performs the
conventional labor that was in the
Temple or the Tabernacle, including
intent. If something is missing, either
in the manner of performing the labor
or in the intent, it immediately
transitions from a Torah prohibition to
a Rabbinic prohibition; it drops a
level. There is another drop in level:
one who has no intention to perform a
labor at all. What, mit'asek? He did
some action where he was engaged in
something, and suddenly a labor
resulted; he didn't intend for it and
it happened—this is called mit'asek.
What happens on Shabbat with mit'asek?
The simplest example that can be: a
person goes to the wall, leans against
the wall to scratch an itch, and in the
process, suddenly the light turns on or
the air conditioner turns on. Am I
permitted to benefit from that result
which he did under the category of
mit'asek? The Piskei Teshuvot says:
error in law, forgetfulness—all of
this is generally considered
unintentional [shogeg], it is
specifically when there is ignorance of
Shabbat or ignorance of the labor. But
in a case where one had no intent for
work at all, such as turning on an
electric light by leaning on the switch
unintentionally—this is called "
mitasek"(you don't just say "mitasek,"
you have to say it with the right
intonation, otherwise no one
understands what you mean)—and it is
not considered intentional work, so it
is permitted to enjoy its light even on
Shabbat. Therefore, if a child
accidentally turns on a light on
Shabbat, before the child was of age,
the child is always categorized as a "
mitasek," because he has no intent for
any forbidden work, as he is not aware
of the concept of prohibited labors. In
such a case, it is permitted to enjoy
the light; you brushed against it and
the light turned on—it is permitted
to enjoy that light. However, if one
turned on the electric switch by hand
out of habit from the weekdays—that
is certainly an unintentional act,
perhaps even bordering on intentional.
Someone who enters the restroom,
distracted, and automatically turns on
the light—that is already a case of
an unintentional act bordering on
intentional; it is impossible to use it
on Shabbat itself, unless relying on
the halachic opinion of Rabbi Meir in a
time of need, as the Mishnah Berurah
states. But to use it is not possible.
With a "mitasek," where it turned on by
mistake—that is permitted. Does a "
mitasek" need repentance?
>> Why would he need repentance?
>> Yes, yes, anyone who ends up causing a
forbidden result needs to repent, you
should always do what's safe, and bring
a sacrifice too.
>> No, no. There is no, no sacrifice for a
"mitasek." There is no sacrifice, Rabbi
Yisrael, there is only a sacrifice for
an unintentional act (shogeg) alone,
not for an intentional one (mezid) and
not for a "mitasek." Alright, no? There
are enough sacrifices. Rabbi Eliyahu
would always say to witnesses, before
they witnessed a wedding: "Repent." He
always blessed the witnesses, even if
they were two completely righteous
people. He would always take two rabbis
from the Yeshiva, righteous men who
would not see anything but their own
shadows. In any case, they tell them: "
Repent, better to be safe." If he
didn't know, he shouldn't enter the
restroom.
>> He shouldn't enter the restroom for
something he couldn't do without the
light; he can't do what he could do
otherwise. If he now wants to read some
pamphlet there to travel to Croatia.
>> Or to Putin, then he shouldn't read it
there.
>> Let him travel to Iran, whatever is
safe, it's fine. The guiding principle
regarding Shabbat actions is: what he
could not do without the Shabbat
violation, he cannot do because of it.
If he could have done it anyway, there
is no problem, we have already talked
about this—a person wants to go up
the stairwell, and a person who doesn't
keep Torah and Mitzvot turns on the
light for him. If he could have gone up
even without the light, let him
continue to go up even with the light.
That makes no difference. But if he
cannot go up without the light, and
only the light now allows him to walk
easily. He must wait. We mentioned two
options: either wait for the light to
go out so he doesn't benefit, or take
those things from the airplanes, put
them on his eyes like that, they hand
them out there. Usually, you don't use
this on the plane itself, but it's
meant for Shabbat, so if you end up in
a situation, you have this. Put the
mask over your eyes, and then you can
go on without seeing anything, just
like in the dark, just close your eyes.
>> Exactly, just close your eyes, but
there's a simpler, more professional
trick, that's all.
>> A baby is considered as "mitasek"(
unintentional actor).
>> Yes, a baby is considered as "mitasek".
>> Meaning, if he turned on the light.
>> Yes, yes, a baby, unless your baby has
special skills, but a regular baby just
fiddles around, anything done that
isn't in the category of labor is "
mitasek".
>> If he turned on the light, am I allowed
to leave it there because I want the
baby to be "mitasek"?
>> Look, Rabbi Eliyahu says heaven forbid
using babies for all sorts of things;
it damages the souls of the babies. If
you intend it—there are those who
take the baby and put them near the
light, boom, they turn it on. You are
turning on the light and damaging his
soul.
>> But to remove him, he turned it on.
Take him from there quickly or...
>> I don't know, I don't know, it's
problematic. Look, if it comes to us,
Take him off, I don't know what you're
doing. I'm not [talking] now, I'm just
telling you, if you intend for him to
perform a Shabbat violation so that you
benefit from it, and you call that "
mitasek", and want to use it? Rabbi
Eliyahu says: It's damaging, do not use
children for all sorts of forbidden
needs. Children, it's not...they have a
soul and they need to grow in holiness,
okay? Ah, Shulchan Aruch HaRav writes
another point: something done
unintentionally on Shabbat is permitted
to be used on Shabbat itself if it was
done according to the instructions of a
sage who erred; it's called "shogeg"(
unintentional). And the same applies to
one who forgets that it is Shabbat or
that it is a forbidden labor on Shabbat
; all of this is called in the category
of what? Rabbi, "shogeg". Remember well
: "Mezid"(intentional) on Shabbat
itself is forbidden, unless you rely on
the Tosafot, Rabbi Meir, etc. So if
there is, for example, a sage, that is
not "mitasek".
>> A sage's instruction is not even "
shogeg", it is...
>> Why not "shogeg"?
>> The labor itself was performed fully. "
Mitasek", "mitasek" is the manner of
performing the labor. But if an army
cook comes now and says to the army
rabbi, "My cholent burned," the rabbi
says to him, "Take water, put it in,
it's fine, it's already cooked as
needed." I am a Yemenite, I don't know,
relying on that, he went and did it.
Suddenly it turns out that it's
forbidden; such a thing can happen. The
rabbi instructed him, is he in the
category of "shogeg"? Is he in the
category of "shogeg"? It's not "mitasek
", he manually went and took water and
added it. Not exactly "shogeg", he
didn't forget it was Shabbat, he didn't
forget the act of Shabbat.
>> But since he relied on someone else, it
is called by definition "shogeg".
>> But he did the labor properly, not in
that sense, in that grade.
>> Yes, we, Rabbi Yisrael, dealt with this
matter also regarding Jews who are not
Shabbat-observant. Is it called in the
category of? "Mezid" has the
implication that one must wait until
after Shabbat like a non-Jew in the
field for them to do it, because a
non-Jew—a Jew who violates Shabbat
publicly is, according to Halacha, in
several respects considered as a
non-Jew. He is considered like a
gentile, plain and simple. He is not a
gentile, but he is considered as one.
So in such a case, his Kiddushin—if
he were to witness a marriage ceremony,
for example—the Kiddushin would not
be valid. Can two witnesses who
desecrate the Sabbath in public testify
to what constitutes a marriage? The
marriage would not be valid; the woman
could go anywhere without a get. There
was an expression—the expression of
the Rabbi, Rabbi Ovadia, I didn't—but
I heard him in a class—he says: These
aren't witnesses, they are two donkeys,
he says, it is not, if he desecrates
the Sabbath publicly it is nothing, he
says, there is no such thing as
Kiddushin, there is no valid marriage.
That is how Rabbi Ovadia would say it.
So, so, so it is certainly invalid. The
same applies to the matter of Ma'aseh
Shabbat. The Betzelem Rabbi writes:
Regarding intentional desecration, a
secular Jew’s status is that of one
who does so intentionally for this
purpose. The Piskei Teshuvot is a bit
stricter and says: It is not just
intentional; it would be permitted
immediately after Shabbat like a
Sabbath-desecrating Jew; no, he says it
is like a gentile, and therefore one
must wait for the time it would take to
be performed. Look at the Piskei
Teshuvot. The Pri Megadim notes: A Jew
who is an apostate to idol worship has
the status of a gentile, and he has a
clause: not only an apostate to idol
worship but even an apostate to Sabbath
desecration, it is forbidden to benefit
from his work after Shabbat until one
waits for the time it takes to be
performed. This depends a bit on the
inquiry of why one must wait for the
time it takes to be performed—is it
because I would easily ask a gentile,
or because the gentile would do it for
me without problems? Here too,
seemingly, with a Jew who desecrates
the Sabbath in public, you wouldn't
necessarily ask him, but he would do it
for you easily, he doesn't care, he
says what of it, so it is no different.
Therefore, he is strict that even with
a secular Jew who did something
intentionally—came, wanted to treat
the guys on Shabbat, I don't know, do
something for them—even in this, one
must wait for the time it takes to be
performed. He would certainly obey if
told to desecrate the Sabbath. If that
is the problem—that I tell him and he
does it—he will do it; he has no
problem with it. Well, the Yalkut Yosef
writes that one need not be as strict
with a Jew who desecrates the Sabbath
by waiting for the time it takes to be
performed like a gentile, unless he
does not do it on a regular basis. If
he does it regularly, it is appropriate
to be strict and wait for the time it
takes to be performed because he is
accustomed to it, but if it is a
one-time thing, his status is like a
Jew who does something intentionally,
which is permitted immediately after
Shabbat. Well, there is another very
interesting thing regarding Ma'aseh
Shabbat: something that is subject to a
dispute among the authorities, okay?
There are many laws of Sabbath work
that are subject to dispute among the
authorities. Where there is a dispute
among the authorities and an act of
Sabbath work is performed by relying on
a certain opinion, it does not fall
under the category of Ma'aseh Shabbat.
The most classic example is cooking
water that was already cooked from
before the Sabbath. As is known, we
have three approaches among the
Rishonim regarding water cooked before
the Sabbath concerning the law of
cooking. The Rambam holds that what is
already cooked from before the Sabbath
no longer has, even if it cooled down,
the category of Sabbath cooking anymore
. Therefore, Yemenites can take,
without any confusion, cold Yemenite
soup on Shabbat, take it out of the
fridge, put it on the hot plate, and
bring it to "hand-burning" heat—there
is no cooking according to their
tradition. Why? Because the soup was
already cooked before Shabbat, and if
it was cooked, there is no "cooking
after cooking," even for liquids there
is no problem.
>> Can I eat with him?
>> Oh, wait, wait, I'm just about to gain
something. Well...he won't give you,
but no, God forbid. No, I'm joking, I'm
joking, God forbid. Actually, they are
very generous people, I'm just...they
just slapped a label on them, so, so,
so, well, because it all started—
where did the whole Yemenite thing come
from? I once researched this, poor
people. All the Yemenites I know are
generous people, good-natured, and
everything, everything rests on one
thing: they don't have the custom of "
Machatzit Hashekel"(the half-shekel).
They don't have the custom of the
half-shekel, and from that, it came out
as if they don't want to donate, God
forbid. What is the half-shekel? What
is a half-shekel? Is that a problem for
them? But from there came all the jokes
and all the issues, so I suggest you go
back to the shekel to put an end to all
these jokes. Anyway, I just did a
simple research on where this whole
thing started, the root of the matter.
Where? Where do we get back to the
point? Yes, that is the lenient opinion
. There is an opinion that says it
should be a little hot, the view of the
Rambam who ruled like the Tur, and
there is an opinion, the Rashba's: no,
if it's not "hand-burning" heat, not
hand-burning...is it hand-burning? For
liquids, there is "cooking after
cooking." Now let's look at this, it's
a very interesting thing: the Mishnah
Berurah says in source 12 before you,
anything that is subject to a dispute
in Halacha, whether regarding its
cooking or other labors like it, one
should not forbid it post-facto. The
whole prohibition is only Rabbinic, and
since it is a doubt in Rabbinic law,
why be stringent? So, a dispute among
the authorities is a doubt in Rabbinic
law. Based on this, I wrote here in the
note: if one heated liquid soup on
Shabbat, it is permitted to derive
benefit from it...and according to the
Rambam, it is permitted to do so even
initially. And likewise, if they added
to the cooking of something that was
only one-third cooked, post-facto it is
permitted to derive benefit from it,
according to the Rishonim who permit it
initially. Right, one-third post-facto
is enough to enjoy the food. In short,
anything that has a dispute among the
authorities as to whether it is a
concern in Halacha, it does not have
the prohibition of Shabbat labor, why?
A doubt in Rabbinic law is treated
leniently. Beautiful, according to this
, Rabbi Yeshay, let's see some more
interesting examples regarding the
matter of the dispute among the
authorities. Source 13 before you says:
"Cooking after baking"–if a person
placed bread or something dry inside a
first vessel, it is permitted
post-facto to eat it, because the law
of cooking after baking is subject to a
dispute among the authorities, as is
known. There are opinions: Is there
cooking after baking, baking after
cooking, and so on. Not all authorities
agree with that. If they did so after
the fact, by the way, they asked here
earlier: if a man has a Yemeni
son-in-law and he wants to put the soup
on top of it, is it permitted? Yes, if
not himself, it is permitted. He
already did it, for you it is also
permitted. My daughter can also do it.
>> No, your daughter cannot do it.
>> Like that, because in your house, not
in theirs. Yes, he can. Your daughter,
no. Your daughter in your house only
eats, does not cook, does not heat,
does not want anything, sits like an
appendix, okay.
>> What, for Yemenites yes?
>> Yes yes yes yes, it can.
>> Right, right, no problem. What, what
son?
>> What?
>> I will explain it to you after this.
True, after all, you ask ostensibly "
his wife is like his own body," and you
go through all the discussions in
Tractate Sanhedrin 9, and Ketubot, and
the whole business, but anyway, that's
only regarding penalties, no? Regarding
the matter of testimony, not regarding
other things. Not for everything— "
his wife is like his own body." Fine,
study it. The discussion in page 9b,
Sanhedrin 10a, also in Ketubot 18, and
after that come back to me.
>> Is it permitted to remember the Yemeni
for Shabbat?
>> Listen, there was a "Shabbos" in
Bnei Brak for 40 years. He did all the
forbidden labors for them, a Shabbos
, and this is, this is alive. He
told them: "Gentlemen, I am a Yemeni
from Rosh HaAyin." They said to him: "
40 years?" He said: "I didn't have a
livelihood, it was life-threatening, it
was permitted for me, so I did it with
permission." Yes, so, so, so in source
13 before you, you will see some more
examples of Shabbat matters, cooking
after baking. We said that, C. He
placed an item of food of ours on top
of a "Gush"(solid mass) placed in a
second vessel. Gush, true, there is a
concept called Gush, and there are
those who say that Gush will always be
considered a first vessel even if it is
in a second vessel. Gush, for example,
a potato, is called Gush. There is
Cholent, the Ashkenazim put something
into it.
>> A Kishke like that, such a Kishke is a
Gush and it is entirely emitting heat.
This is, many authorities say that in a
second vessel, even so, since it is a
Gush, it retains the heat within it
like a first vessel, but it is a
dispute. It is permitted after the fact
to eat it, as the law of cooking with a
Gush placed in a second vessel is
subject to a dispute among the
authorities. So what are the
differences in the authorities 'dispute
? We are lenient because a doubt in
Rabbinic law is treated favorably,
something that was not done in the body
itself; we have already spoken about
this at length that many are lenient in
the matter. A big dispute is regarding
the law of "Borer"(selecting) on
Shabbat: is it possible to be lenient
in Borer? The simplest example that can
be that the authorities disagreed on is
: there is a salad, the woman made a
salad, a fresh vegetable salad. Fresh
vegetables, I always say that the
Ashkenazim make one fresh vegetable
salad and the Sephardim bring fresh
salads; that is the difference between
both of them. And she forgot the "
Rikrai," squeezed a lemon into it, all
the seeds fell into it. Guests arrive,
the woman goes and collects the seeds
from the fresh salad. After she
performed the forbidden labor of Borer
(selecting) by Torah law, because she
selected waste from food, wanting to
fix the food in that way. Can sorting
in this manner be considered as making
the entire salad forbidden? Because he
committed a forbidden act of sorting
the salad and "fixed" the salad. By the
way, this can happen with many things
on Shabbat; you don’t notice, you fix
some food in such a way, and then it's
forbidden, oops. What is "Ma'aseh
Shabbat"? The Poskim debated this.
Rabbi Ovadia is lenient on this matter,
perhaps because it wasn't done to the
substance of the item itself. Please
look at [18], I will read it very
briefly: "And the essential ruling is
to be lenient here, since the
prohibition of benefit from a Shabbat
act is Rabbinic, we can rely on the
opinions that say this prohibition does
not apply to the labor of sorting,
especially if he remixes the waste back
into the food, then he is no longer
benefiting from the act of sorting."
Returning the seeds back, mixing them
again, he doesn't benefit from the act
of sorting, and then, seemingly, there
is no problem. He is lenient. There are
those who are stringent. Look at "
Orchot Shabbat": Whoever went and
sorted on Shabbat in a forbidden manner
, it is considered "Ma'aseh Shabbat"
according to all opinions. And that is
because the food that was mixed with
waste was considered spoiled because of
it, and the act of sorting is
considered a correction to the food
itself. And therefore, if one of the
household members erred and sorted the
waste out of the food, as I told you—
took out the seeds, took out the [
unclear] from the salad—it is
forbidden for him to eat that food
until after Shabbat. Pay close
attention not to make all sorts of
mistakes with foods on Shabbat,
otherwise, you won't be able to enjoy
those foods on Shabbat itself. "Ma'aseh
Shabbat," nothing more, nothing less.
>> Rabbi, but the food isn't spoiled
because of those pits. No, but it
doesn't matter; you wouldn't serve it
like that, right? If guests come, you
wouldn't serve it in that form; it's
called food not fit for eating.
>> Often, in tzevi'im (the army/public
sector), there is food on Shabbat.
>> He distinguishes between accidental and
intentional. But the question is, a
driver who does this—does he do it
intentionally, as if...
>> What about someone who brings the food?
Bringing the food is more lenient
because he doesn't actually do anything
to the body of the food itself, that's
what he's talking about.
>> But, but there is a distinction between
intentional and accidental.
>> Yes, yes, there is a distinction.
>> So the driver who brought it, that's a
Jew who brings...usually we consider
him intentional, in principle, because
he knows it's forbidden, even though
there are Poskim who want to say he is
like an accidental sinner, and many
rely on this, because even when he
knows it's forbidden, he doesn't really
know what Shabbat is. Let’s finish,
Rabbi Yishai, with one last thing.
Source 21: Someone who enters a
stairwell and the light turns on, he is
desecrating Shabbat. One must
distinguish: if there was already a
little light in the stairwell before
the light turned on, then he can
continue, there is no problem. But if
there was no light at all in the
stairwell, in a way that he had to
grope his way in the darkness and
couldn't walk, it is reasonable that he
is forbidden to use this forbidden
light to walk up the stairs as usual.
Now he will go up much faster, it's
much simpler; he needs to wait until
the light turns off. And if the light
is not going to turn off, you need to
put, as I told you, a screen over your
eyes or close your eyes, and go up that
way without any problem.
>> The worker who enters the elevator.
>> The worker who did it, did it for his
own need, there is no problem.
>> Can I go in with him?
>> Yes, he did it for his own need and
didn't do anything extra for you,
because there is no difference between.
>> He takes care of my family's house, so
he can enter. He caught the ride, as
they say, and he didn't do anything. He
didn't ask you: Do you want another
floor? Press another button. You know,
if a Gentile did it for his own need
and did not intend to increase it for a
Jew, there is no problem. So much for
the laws of Sabbath work, gentlemen. A
word about next week: just one thing to
remember, there are elections, that is
what it is. One thing you chose
correctly, and that is to come every
week to hear a lesson on Halacha. This
is the most correct choice that could
be, and about this it is said: Who
chose us from all the nations and gave
us His Torah. So, now you understood
how to choose. Shabbat Shalom.