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Babylonian Talmud: Tractate Shabbath
What1 if one forgot a pot on the stove and [thus] cooked it on the Sabbath? He was silent and said nothing to them [his questioners]. On the morrow he went out and lectured to them: If one cooks [food] on the Sabbath unwittingly, he may eat [it]; if deliberately, he may not eat [it];2 and there is no difference. What is meant by, 'and there is no difference'? — Rabbah and R. Joseph both explain it permissively: only he who cooked it, thus performing an action, may not eat if it was deliberate; but this one3 who did no action may eat even if it was deliberate. R. Nahman b. Isaac explained it restrictively: only one who cooks may eat if it was done unwittingly, because he will not [thereby] come to dissemble;4 but this one, who may come to dissemble,5 may not even eat if it was unwitting.
An objection is raised: if one forgot a pot on the stove and [thus] cooked it on the Sabbath: unwittingly, he may eat [thereof]; if deliberately, he may not eat. When is that said? In the case of hot water insufficiently heated or a dish insufficiently cooked; but as for hot water sufficiently heated or a dish sufficiently cooked, whether unwitting or deliberate, he may eat [thereof]: thus said R. Meir. R. Judah said: Hot water sufficiently heated is permitted, because it boils away6 and is thus harmed;7 a dish sufficiently cooked is forbidden, because it shrinks and is thereby improved, and whatever shrinks and is thereby improved, e.g., cabbage, beans, and mincemeat, is forbidden; but whatever shrinks and thereby deteriorates, is permitted. At all events, a dish insufficiently cooked is mentioned.8 As for R. Nahman b. Isaac, it is well, there is no difficulty: here9 it is before [the enactment of] the preventive measure;10 there11 it is after the preventive measure.12 But [on the view of] Rabbah and R. Joseph who explain it permissively, if before the preventive measure,13 'deliberate' is a difficulty;14 if after the preventive measure, even unwitting' too is a difficulty.15 That is [indeed] a difficulty.
What was the preventive measure? — For R. Judah b. Samuel said in the name of R. Abba in the name of R. Kahana in Rab's name: At first it was ruled: One who cooks [food] on the Sabbath unwittingly, he may eat [thereof], if deliberately, he may not eat; and the same applies to one who forgets.16 But when those who intentionally left [it there] grew numerous, and they pleaded, We had forgotten [it on the stove], they [the Sages] retraced their steps and penalized him who forgot.
Now, R. Meir is self-contradictory, and R. Judah is [likewise] self-contradictory?17 — R. Meir is not self-contradictory: the one means at the outset; the other, if done.18 R. Judah too is not self-contradictory: there it means that it [the stove] was swept or covered with ashes;19 here, that it was not swept or covered with ashes.
The scholars propounded: What if one transgressed and deliberately left it? Did the Rabbis penalize him or not? — Come and hear: For Samuel b. Nathan said in R. Hanina's name: When R. Jose went to Sepphoris, he found hot water which had been left on the stove, and did not forbid it to them; [he also found] shrunken eggs,20 and forbade them to them. Surely it means for that Sabbath?21 — No: for the following Sabbath.22
Now, this implies that shrunken eggs go on shrinking and are thereby improved? — Yes. For R. Hama b. Hanina said: My Master and I were once guests in a certain place, and eggs shrunk to the size of crab-apples were brought before us, and we ate many of them.
BETH HILLEL RULE: ONE MAY REPLACE [IT] TOO. R. Shesheth said: On the view of him who maintains
that one may replace it, [it is permitted] even on the Sabbath.1 And R. Oshaia too holds that ONE MAY REPLACE IT TOO means even on the Sabbath. For R. Oshaia said: We were once standing before R. Hiyya Rabbah, and we brought up a kettle of hot water for him from the lower to the upper storey, mixed the cup for him,2 and then replaced it, and he said not a word to us. R. Zerika said in the name of R. Abba in R. Taddai's name: We learnt this only if they3 are still in his hand: but if he set them down on the ground, it is forbidden.4 R. Ammi observed: R. Taddai who acted [thus] acted for himself [only].5 But thus did R. Hiyya say in R. Johanan's name: Even if he set them down on the ground, it is permitted.
R. Dimi and R. Samuel b. Judah differ therein, and both [state their views] in R. Eleazar's name: One says: If they are still in his hand, it is permitted; on the ground, it is forbidden. While the other maintains: Even If he placed them on the ground, it is still permitted. Hezekiah6 observed in Abaye's name: As to what you say that if it is still in his hand it is permitted, — that was said only where it was his [original] intention to replace them; but if it was not his intention to replace them, it is forbidden. Hence it follows that [if they are] on the ground, even if it was his intention to replace them, it is forbidden. Others state: Hezekiah observed in Abaye's name: As to what you say that if they are on the ground it is forbidden, that was said only if it was not his [original] intention to replace them; but if it was his intention to replace them, it is permitted. Hence it follows that [if they are] in his hand, even if it was not his intention to replace them, it is permitted.
R. Jeremiah propounded: What if he hung them on a staff or placed them on a couch?7 R. Ashi propounded: What if he emptied them from one kettle to another? The questions stand over.
MISHNAH. IF AN OVEN WAS HEATED WITH STUBBLE OR RAKINGS, ONE MUST NOT PLACE [A POT, ETC.,] EITHER INSIDE OR ON TOP.8 IF A KUPPAH9 WAS HEATED WITH STUBBLE OR RAKINGS, IT IS LIKE A DOUBLE STOVE;10 WITH PEAT OR TIMBER, IT IS LIKE AN OVEN,
GEMARA. IF AN OVEN WAS HEATED: R. Joseph thought to explain INSIDE AND ON TOP literally, but as for leaning [a pot against it], that is well. Abaye objected to him: IF A KUPPAH WAS HEATED WITH STUBBLE OR RAKINGS, IT IS LIKE A DOUBLE STOVE; WITH PEAT OR TIMBER, IT IS LIKE AN OVEN, and is forbidden. Hence if it were like a [double] stove, it would be permitted. To what is the reference: Shall we say, on its top? Then under what circumstance? Shall we say that it is not swept or covered with ashes? Is the top of a stove permitted when it is not swept or covered with ashes? Hence it must surely mean to lean against it; yet it is taught, IT IS LIKE AN OVEN, and forbidden? — Said R. Adda b. Ahabah: Here the reference is to a kuppah that is swept or covered with ashes, and an oven that is swept or covered with ashes: IT IS LIKE AN OVEN, in that though it is swept or covered with ashes, the top is forbidden; for if it were like a [double] stove, if swept or covered with ashes, it would be well.11
It was taught in accordance with Abaye: If an oven is heated with stubble or rakings, one may not lean [a pot, etc.,] against it, and [placing on] the top goes without saying,12 and in the inside goes without saying; and it goes without saying [when it is heated] with peat or wood. If a kuppah is heated with stubble or rakings, one may lean [a pot] against it, but not place [it] on top;13 [but if it is heated] with peat or wood, one must not lean [a pot] against it.
R. Aha son of Raba asked R. Ashi: How is this kuppah regarded? If like a [double] stove, even with peat or wood too?14 If like an oven, neither with stubble or rakings?15 He answered: Its heat is greater than a [double] stove's but less than an oven's.16
What is a kuppah and what is a [double] stove [kirah]? — Said R. Jose b. Hanina: A kuppah has room for placing one pot; a [double] stove [kirah] has room for placing two pots. Abaye — others state, R. Jeremiah — said: We learnt likewise: If a [double] stove [kirah] is divided along its length, it is clean; along its breadth, it is unclean; [if] a kuppah [is divided], whether along its length or along its breadth, it is clean.17
MISHNAH. ONE MUST NOT PLACE AN EGG AT THE SIDE OF A BOILER FOR IT TO BE ROASTED,18 AND ONE MUST NOT BREAK IT INTO A [HOT] CLOTH;19 BUT R. JOSE PERMITS IT. AND ONE MAY NOT PUT IT AWAY IN [HOT] SAND OR ROAD DUST FOR IT TO BE ROASTED. IT ONCE HAPPENED THAT THE PEOPLE OF TIBERIAS DID THUS: THEY CONDUCTED A PIPE OF COLD WATER THROUGH AN ARM OF THE HOT SPRINGS.20 SAID THE SAGES TO THEM: IF ON THE SABBATH,21 IT IS LIKE HOT WATER HEATED ON THE SABBATH, AND IS FORBIDDEN BOTH FOR WASHING AND FOR DRINKING; IF ON A FESTIVAL, IT IS LIKE WATER HEATED ON A FESTIVAL, WHICH IS FORBIDDEN FOR WASHING BUT PERMITTED FOR DRINKING.
GEMARA. The scholars propounded: What if one does roast22 it? — Said R. Joseph: If one roasts it, he is liable to a sin-offering. Mar son of Rabina said, We learnt likewise:
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