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Babylonian Talmud: Tractate Shabbath
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,
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
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