Babylonian Talmud: Tractate Shabbath

Folio 106a

all the other brothers should fear. When one of a company dies, the whole company should fear. Some say that this means where the eldest [or chief] dies; others say, where the youngest¹  dies.

AND ALL WHO EFFECT DAMAGE ARE EXEMPT. R. Abbahu recited before R. Johanan: All who cause damage are exempt, except he who wounds and he who sets fire [to a stack of corn]. Said he to him, Go and recite it outside:²  wounding and setting fire is not a Mishnah;³  and should you say that it is a Mishnah, wounding refers to one who needs [the blood] for his dog, and setting fire, to one who needs the ashes.⁴  But we learnt, ALL WHO EFFECT DAMAGE ARE EXEMPT?⁵ — Our Mishnah is [in accordance with] R. Judah, while the Baraitha⁶  [agrees with] R. Simeon. What is R. Simeon's reason? — Since a verse is required to permit circumcision [on the Sabbath],⁷  it follows that for wounding elsewhere one is liable. And since the Divine Law forbade burning in respect of a priest's [adulterous] daughter,⁸  it follows that for kindling a fire in general one is liable. And R. Judah?⁹  -There he effects an improvement, even as R. Ashi [said]. For R. Ashi said: What is the difference whether one repairs [the foreskin by] circumcision or one repairs a utensil: what is the difference whether one boils [melts] the lead bar¹⁰  or one boils dyes?

THE STANDARD OF BLEACHING, etc. R. Joseph indicated the double [measure]; R. Hiyya b. Ammi showed the single [measure].¹¹

MISHNAH. R. JUDAH SAID: HE WHO HUNTS A BIRD [AND DRIVES IT] INTO A TURRET, OR A DEER INTO A HOUSE, IS GUILTY; BUT THE SAGES MAINTAIN: [HE WHO HUNTS] A BIRD INTO A TURRET,

1. Or, least important.
2. It is not an authenticated teaching to be admitted to the school.
3. I.e., no Mishnah states that these are exceptions.
4. For medical purposes. Then the wounding and setting fire is beneficial, not a damage-effecting labour.
5. Which refutes n. Abbahu.
6. Cited by R. Abbahu.
7. V. infra 132a.
8. Who may not be thus executed on the Sabbath, Sanh. 35b.
9. How does he refute these arguments?
10. Death by fire was carried out by pouring molten lead down the condemned person's throat, Sanh. 52a.
11. [Rashi: The distance between the tips of the index and middle fingers held widely apart, which is the measure of a single sit, is half the distance between the tips of the outstretched thumb and index finger. Thus, whereas R. Joseph using the smaller unit indicated by gesture a double measure to explain the meaning of DOUBLE SIT', R. Hiyya b. Ammi, using the larger unit, indicated a single measure. For other interpretations v. Jast. s.v. [H].]

AND A DEER INTO A GARDEN,¹  COURTYARD OR VIVARIUM, IS LIABLE. R. SIMEON B. GAMALIEL SAID: NOT ALL VIVARIA ARE ALIKE. THIS IS THE GENERAL PRINCIPLE: IF IT [STILL] NEEDS TO BE CAUGHT, HE IS EXEMPT IF IT DOES NOT STILL NEED TO BE CAUGHT,²  HE IS LIABLE.

GEMARA. We learnt elsewhere: Fish may not be caught out of aquaria on a Festival, nor may food be placed before them; but beasts and birds may be caught out of vivaria, and food may be placed before them. But the following contradicts it: As for vivaria of beasts, birds and fish, one may not catch [the animals, etc.] out of them on a Festival, and we may not place food before them: [thus the rulings on] beasts are contradictory, and [the rulings on] birds are contradictory. As for [the rulings on] beasts, it is well: there is no difficulty, one agreeing with R. Judah,³  the other with the Rabbis.⁴  But [the rulings on] birds are contradictory? And should you say, [The rulings on] birds too are not contradictory: one refers to a covered vivarium,⁵  whereas the other refers to an uncovered vivarium — [It might be asked]: But a house is covered, yet both R. Judah and the Rabbis hold, Only [if one hunts a bird] into a turret [is he culpable], but not [if he hunts it] into a house? — Said Rabbah b. R. Huna: Here we treat of a free bird,⁶  [the reason being] because it does not submit to domestication.⁷  For the School of R. Ishmael taught: Why is it called a free bird? Because it dwells in a house [free] just as in the field. Now that you have arrived at this [answer], [the rulings on] beasts too are not contradictory: one refers to a large vivarium, the other to a small vivarium. What is a large vivarium and what is a small vivarium? Said R. Ashi: Where one can run after and catch it with a single lunge, that is a small vivarium; any other is a large vivarium. Alternatively, if the shadows of the walls fall upon each other, it is a small vivarium; otherwise it is a large vivarium. Alternatively, if there are not many recesses,⁸  it is a small vivarium; otherwise it is a large vivarium.⁹

R. SIMEON B. GAMALIEL SAID, etc. R. Joseph said in Rab Judah's name in Samuel's name: The halachah is as R. Simeon b. Gamaliel. Said Abaye to him, [You say,] The halachah [etc.]: hence it follows that they [the Rabbis] disagree?¹⁰  And what difference does that make? he replied.¹¹  Shall one learn a tradition as it were [merely] a song? he retorted.¹²

Our Rabbis taught: If one catches a deer that is blind or asleep, he is culpable; a deer that is lame, aged or sick, he is exempt. Abaye asked R. Joseph: What is the difference between them? — The former try to escape;¹³  the latter do not try to escape. But it was taught: [If one catches] a sick [deer] he is culpable? — Said R. Shesheth, There is no difficulty: one refers to [an animal] sick with fever;¹⁴  the other to [an animal] sick through exhaustion.

Our Rabbis taught: He who catches locusts, gazin,¹⁵  hornets, or gnats on the Sabbath is culpable: that is the view of R. Meir. But the Sages rule: If that species is hunted, one is liable; if that species is not hunted, one is not liable.¹⁶  Another [Baraitha] taught: He who catches locusts at the time of dew is not liable;¹⁷  at the time of dry heat [midday], is liable. Eleazar b. Mahabai said: If they advance in thick swarms, he is not culpable.¹⁸  The scholars asked: Does Eleazar b. Mahabai refer to the first clause or to the last? — Come and hear: He who catches locusts at the time of dew is not liable; at the time of dry heat, is liable. Eleazar b. Mahabai said: Even at the time of dry heat, if they advance in thick swarms he is not culpable.

MISHNAH. IF A DEER ENTERS A HOUSE AND ONE PERSON SHUTS [THE DOOR] BEFORE IT, HE IS CULPABLE; IF TWO SHUT IT, THEY ARE EXEMPT. IF ONE COULD NOT SHUT IT, AND BOTH SHUT IT, THEY ARE CULPABLE. R. SIMEON DECLARES [THEM] EXEMPT.¹⁹

GEMARA. R. Jeremiah b. Abba said in Samuel's name: If one catches a lion on the Sabbath he is not culpable unless he entices it into its cage.

MISHNAH. IF ONE SITS DOWN IN THE DOORWAY BUT DOES NOT FILL IT, AND A SECOND SITS DOWN AND FILLS IT,²⁰  THE SECOND IS CULPABLE. IF THE FIRST SITS DOWN IN THE DOORWAY AND FILLS IT, AND A SECOND COMES AND SITS DOWN AT HIS SIDE, EVEN IF THE FIRST [THEN] RISES AND DEPARTS, THE FIRST IS CULPABLE WHILE THE SECOND IS EXEMPT. WHAT DOES THIS RESEMBLE? ONE WHO SHUTS HIS HOUSE TO GUARD IT,²¹  AND A DEER IS [THEREBY] FOUND TO BE GUARDED THEREIN.²²

1. BaH reads: into a house, garden, etc. V. Halevy, Doroth, I, 3, pp. 233-234 and n. 38 a.l.
2. The animal having been driven into a place where it is easy to seize it.
3. In our Mishnah, Since he holds that only when an animal is in a house is it regarded as trapped, it follows that it is not trapped in a vivarium, and therefore if one catches a beast out of a vivarium he is guilty, in accordance with the general principle of the Mishnah.
4. That it is trapped even in a vivarium.
5. In which a bird is regarded as already trapped, and so one may catch a bird out of it on a Festival.
6. Swallow(?). It lives in a house just as in the open and it is difficult to catch it there. But other birds are trapped when driven into a house.
7. Lit., 'authority'.
8. Into which the animals may run when chased.
9. On the whole passage v. Bez. 23b.
10. But it has just been stated that they too differentiate between large and small vivaria.
11. If the Rabbis do not disagree, the halachah is certainly so.
12. I.e., why use words superfluously?
13. Their senses are on the alert and they feel the attempt to take them. Hence they need hunting and catching.
14. That animal tries to escape.
15. Rashi: hagazin; a species of wild bees, or locusts, Jast.
16. Nobody hunts gnats or hornets, as they are of no use.
17. Rashi: they are blind then and need no catching.
18. They are easily taken and need no catching.
19. In accordance with his view supra 92b.
20. Thereby effectively trapping an animal that has entered the house.
21. But not to trap an animal.
22. I.e., a deer which had previously been caught; so here too the first, by filling up the doorway, traps the deer, and the second only guards all animal already caught.