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Masechet Shabbat- 86a-92b

Rabbi Adin Steinsaltz

The Coming Week's Daf Yomi by Rabbi Adin Steinsaltz

This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.

Shabbat 86a-b – On what day was the Torah given?
According to tradition, we commemorate receiving the Torah on the holiday of Shavu’ot, which falls on the sixth day of the month of Sivan. In fact, there is a dispute in the Gemara regarding the day that the Torah was given.

On the sixth day of the month of Sivan, the Ten Commandments were given to the Jewish people. Rabbi Yosei says: On the seventh day of the month.
Rava said: Everyone agrees that the Jews came to the Sinai desert on the New Moon, as it is written here: “In the third month after the children of Israel were gone forth out of the land of Egypt, the same day came they into the wilderness of Sinai” (Shemot 19:1), without elaborating what day it was. And it is written there: “This month shall be to you the beginning of months; it shall be the first month of the year to you” (Shemot 12:2). Just as there, the term “this” is referring to the New Moon, so too, here the term is referring to the New Moon.

The word ĥodesh is understood throughout the Bible to mean month. Occasionally, it is a reference to the New Moon. Examples include: “Tomorrow is the ĥodesh” (I Samuel 20:18); “Its holiday, its ĥodesh, its Shabbat” (Hoshea 2:13); and “The burnt-offering of the ĥodesh and its meal-offering” (Bamidbar 29:6). Therefore, the verse: “This ĥodesh shall be unto you the beginning of months” is understood as indicating that this New Moon is the first New Moon that the Jewish people are celebrating. In the verse describing their arrival in the desert, it is unclear whether ĥodesh refers to the month or the New Moon. It states: “In the third ĥodesh after the children of Israel went forth out of the land of Egypt” (Shemot 19:1). The emphasis on the words at the end of the verse, “on this day,” proves that it is referring to the day of the New Moon.

The Gemara continues:
And similarly, everyone agrees that the Torah was given to the Jewish people on Shabbat, as it is written here in the Ten Commandments: “Remember the Shabbat day to keep it holy” (Shemot 20:7), and it is written there: “And Moses said to the people: Remember this day, in which you came out from Egypt, out of the house of bondage, for by strength of hand the Lord brought you out from this place; there shall be no leaven eaten” (Shemot 13:3). Just as there, the mitzvah of remembrance was commanded on the very day of the Exodus, so too, here the mitzvah of remembrance was commanded on the very day of Shabbat.

Where Rabbi Yosei and the Sages disagree is with regard to the determination of the month, meaning which day of the week was established as the New Moon. Rabbi Yosei held: The New Moon was established on the first day of the week, and on the first day of the week He did not say anything to them due to the weariness caused by the journey. On the second day of the week, He said to them: “And you shall be to Me a kingdom of priests and a holy nation; these are the words that you shall speak to the children of Israel” (Shemot 19:6).

The Gemara concludes that according to Rabbi Yosei, Moshe, on his own accord, added an extra day of separation prior to the giving of the Torah. Thus, according to Rabbi Yosei, the Torah was given only on the seventh day of Sivan.

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Shabbat 87a-b – Smashing the Tablets

As we learned on yesterday’s daf (=page) Moshe added a day of preparation prior to the giving of the Torah. The baraita that teaches this adds two other things that Moshe did on his own.

Moshe did three things based on his own perception, and the Holy One, Blessed be He, agreed with him. He added one day to the days of separation before the revelation at Sinai based on his own perception. And he totally separated from his wife after the revelation at Sinai. And he broke the tablets following the sin of the Golden Calf.

The Gemara explains how Moshe could have broken the Tablets as follows:

And he broke the tablets following the sin of the Golden Calf. What source did he interpret that led him to do so? Moses said: With regard to the Paschal lamb, which is only one of six hundred and thirteen mitzvot, the Torah stated: “And the Lord said unto Moses and Aaron: This is the ordinance of the Paschal offering; no alien shall eat of it” (Shemot 12:43), referring not only to gentiles, but to apostate Jews as well. Regarding the tablets, which represented the entire Torah, and Israel at that moment were apostates, as they were worshipping the calf, all the more so are they not worthy of receiving the Torah. And from where do we derive that the Holy One, Blessed be He, agreed with his reasoning? As it is stated: “The first tablets which you broke [asher shibarta]” (Shemot 34:1), and Reish Lakish said: The word asher is an allusion to the phrase: May your strength be true [yishar koĥakha] due to the fact that you broke the tablets.

The proof from the words, “which you broke” is merely a support for the conclusion but not an absolute proof. There are several instances in the Bible where the word asher is not interpreted as approval. Some commentaries explain that the conclusion that God agreed with Moses is drawn from the fact that God mentioned the breaking of the Tablets without anger (Rashi). Alternatively, God’s agreement can be ascertained from His later command that Moses store the broken Tablets in the Ark. He would not have commanded Moses to do so had they been associated with an infraction that incurred God’s disapproval (Rashbam).

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Shabbat 88a-b – Are we obligated to keep the Torah?

In the course of discussing how the Children of Israel received the Torah on Mount Sinai, the Gemara cites additional homiletic interpretations on the topic of the revelation at Sinai.

The Torah says, “And Moses brought forth the people out of the camp to meet God; and they stood at the lowermost part of the mount” (Shemot 19:17). Rabbi Avdimi bar Ĥama bar Ĥasa said: the Jewish people actually stood beneath the mountain, and the verse teaches that the Holy One, Blessed be He, overturned the mountain above the Jews like a tub, and said to them: If you accept the Torah, excellent, and if not, there will be your burial. Rav Aĥa bar Ya’akov said: From here there is a substantial caveat to the obligation to fulfill the Torah. The Jewish people can claim that they were coerced into accepting the Torah, and it is therefore not binding. Rava said: Even so, they again accepted it willingly in the time of Ahasuerus, as it is written: “The Jews ordained, and took upon them, and upon their seed, and upon all such as joined themselves unto them” (Esther 9:27), and he taught: The Jews ordained what they had already taken upon themselves through coercion at Sinai.

The Rashba challenged Rav Aha bar Ya’akov’s argument that the Jewish people can argue that they were forced to accept the Torah against their will. If this is the case, why were the Jewish people punished and exiled from their land for having violated the Torah? He explains that certainly the Jews’ continued existence in Eretz Yisrael is contingent on their fulfillment of the Torah’s commandments. In other words, it is explained that holding the uprooted mountain like a tub over their heads alludes to the abundance of love that God bestowed upon the Jewish people during the Exodus, in giving them the manna, etc. In response, the people said: “We will do, and we will hear.” Still, in their hearts the people did not accept the Torah on behalf of later generations, for whom life would proceed naturally, without the revelation of constant miracles.

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Shabbat 89a-b – Why is the mountain called “Sinai”?

In the course of discussing how the Children of Israel received the Torah on Mount Sinai, the Gemara cites additional homiletic interpretations on the topic of the revelation at Sinai.

One of the Sages said to Rav Kahana: Did you hear what is the reason that the mountain was called Mount Sinai? Rav Kahana said to him: It is because it is a mountain upon which miracles [nissim] were performed for the Jewish people. The Sage said to him: If so, it should have been called Mount Nisai, the mountain of miracles. Rather, Rav Kahana said to him: It is a mountain that was a good omen [siman] for the Jewish people. The Sage said to him: If so, it should have been called Har Simanai, the mountain of omens. Rav Kahana said to him: What is the reason that you do not frequent the school where you can study before Rav Pappa and Rav Huna, son of Rav Yehoshua, who study aggada? As Rav Ĥisda and Rabba, son of Rav Huna, both said: What is the reason it is called Mount Sinai? It is because it is a mountain upon which hatred [sina] for the nations of the world descended because they did not accept the Torah.

Some commentaries explain that the nations of the world began hating the Jewish people when the Torah was given at Sinai. A different version of this statement, which appears in some collections of the midrash, supports this explanation. From the moment they received the Torah, the Jewish people became isolated. Still, most sources explain this differently, as indicating that hatred descended among the nations of the world. The revelation at Sinai introduced compulsory faith to the world, as well as the concept of a correct and incorrect way to serve God. This became a bone of contention between the nations of the world.

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Shabbat 90a-b – Is Shabbat carrying objective or subjective?

The tenth perek (=chapter) begins on today’s daf (=page), and, like the previous ones, discusses the category of creative labor [melakha] known as carrying out. However, its primary focus is to clarify one aspect of this category.

Until this point, the discussions have focused on the volume of the object being carried out. In other words, what is the volume necessary for an object to be considered significant? Only a significant object renders its carrier liable for this labor. This chapter, however, deals with the manner in which the carrying is performed. Under which conditions are the actions involved in the carrying considered to have been performed in a standard and customary manner, so that the act qualifies as bona fide carrying, and under which conditions is the act done in what is considered an unusual manner, so that the person is not liable for bona fide carrying?
Furthermore, if the carrying is performed by means of a vessel or utensil, what are the halakhic issues that then come into play? Do we assess the action in terms of the essence of what is being carried, i.e., the object in the vessel, or is the vessel itself also of import? For example, how do we assess the action if the vessel contains a measure of the object that is less than the minimum amount required for the person to be judged liable for carrying? To give another example, how do we assess the action if the vessel itself has been only partially removed from its domain, but the entire contents of the vessel are already in the other domain? Do we determine liability based on the container or based on the object contained?

The first Mishnah of the perek teaches:
One who stores a seed for sowing, or as a sample, or for medicinal purposes and carried it out on Shabbat is liable for carrying out any amount. And any other person is only liable for carrying it out on Shabbat if he carries out its measure for liability.

By storing that measure, he indicates that it is significant to him. Therefore, he is liable for carrying it, despite the fact that what he carried out is less than the halakhic measure that determines liability for that item.

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Shabbat 91a-b – Double punishment

There is a halakhic principle that one is not punished twice for performing a single act, even if two people were harmed by that transgression. However, if one transgression preceded the other even slightly, he may be punished for both actions. Once the liability for the first transgression is established, it remains intact. Nevertheless, when one is liable to receive both lashes and capital punishment, he is executed and not flogged due to the principle that one receives the greater of the two punishments. However, fundamentally, liability to receive the first punishment remains. Indeed, in a case where one is liable to be flogged and to pay restitution, he is required to pay the restitution if, for some reason, the lashes cannot be administered.

This is relevant to the laws of Shabbat in a case where the violation of Shabbat happens at the same time that a theft is committed. The Gemara on today’s daf (=page) quotes a baraita:
One who steals a purse on Shabbat is liable for the theft. Based on the principle that one who is liable to receive two punishments receives the greater of the two, in this case one should be exempt from payment for the theft, since performing a prohibited labor on Shabbat is punishable by stoning. However, this case is different because he was already liable for theft as soon as he lifted the purse. This took place before he came to violate the prohibition of performing prohibited labor on Shabbat by carrying it into the public domain. However, if he did not lift the purse, but was dragging it on the ground and exiting the private domain, he is exempt from paying for the theft , as in that case, he is only liable for the theft when he drags the purse out of the owner’s property into the public domain. The prohibition of theft and the prohibition of Shabbat are violated all at once.

For one to be liable for theft, two criteria must be met. First, the thief must intend to take an object that belonged to another for himself. Second, he must transfer the object into his possession by means of a valid transaction. Only by means of acquiring the object does he perform the transgression. This acquisition can be accomplished by means of lifting the object or, alternatively, by taking it out of the owner’s property without lifting it.

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Shabbat 92a-b – Using your head to carry

As we have learned, it is forbidden to carry in the public domain on Shabbat.

According to the Mishnah on today’s daf (=page), the Biblical prohibition against carrying only applies when it is done in a typical manner. If the object is carried in an unusual manner there is no Biblical prohibition. This leads the Gemara to inquire about carrying a burden on your head.

Rav said in the name of Rabbi Ĥiyya: One who carries out a burden on his head on Shabbat is liable to bring a sin-offering, as the people of Hotzal do so. They would typically carry burdens on their heads. The Gemara asks: And do the people of Hotzal constitute the majority of the world? Even if in one place it is a typical method of carrying a burden, it remains an atypical method of carrying in the rest of the world. Rather, if this ruling was stated, it was stated as follows. Rav said in the name of Rabbi Ĥiyya: If a resident of Hotzal carried out a burden on his head on Shabbat he is liable, as the people of his city do so. The Gemara asks again: Even if the inhabitants of his city do this, let his intention be rendered irrelevant by the opinions of all other people. If an individual or small group of people conduct themselves in an atypical manner, their conduct is not rendered typical. Typical conduct is determined by the majority of people. Rather, if this was stated, it was stated as follows. One who carries out a burden on his head is exempt.

Hotzal was a large village in Babylonia with an extremely ancient Jewish settlement. If there was only one village with that name, its inhabitants can be traced back to the tribe of Benjamin, and the town can be considered one of the most ancient sites in Babylonia. Many famous Sages hail from Hotzal, and its inhabitants were known for their unique way of conducting themselves. The Talmud relates that the ancient synagogue in Hotzal was one of the sites from which the Divine Presence never strayed. According to Rav Sherira Gaon, Hotzal was adjacent to Neharde’a.

Some commentaries explain that the argument that a given behavior is unique to a specific place is a method of reasoning that is only employed when the local custom is problematic in some way, as in a case where it is unreasonable or inherently inferior. However, local customs that do not fall into those categories are binding at least on the residents of that locale (Me’iri).

 

In addition to his monumental translation and commentary on the Talmud, Rabbi Steinsaltz has authored dozens of books and hundreds of articles on a variety of topics, both Jewish and secular. For more information about Rabbi Steinsaltz's groundbreaking work in Jewish education, visit www.steinsaltz.org or contact the Aleph Society at 212-840-1166.