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Babylonian Talmud: Tractate Shabbath
Logic too avers that Rab agrees with R. Judah. For Rab said: A lamp may be placed on a palm tree for the Sabbath,1 but not on a Festival.2 Now, it is well if you admit that Rab holds as R. Judah: hence he draws a distinction between the Sabbath and Festivals.3 But if you say that he holds as R. Simeon, what is the difference between the Sabbath and Festivals?4
But does Rab hold as R. Judah? Surely Rab was asked: Is it permitted to move the Hanukkah lamp5 on account of the Guebres on the Sabbath?6 and he answered them, It is well.7 — A time of emergency is different. For R. Kahana and R. Ashi asked Rab: Is that the law? whereat he answered them, R. Simeon is sufficient to be relied upon in an emergency.
Resh Lakish asked R. Johanan: What of wheat sown in the earth or eggs under a fowl?8 When does R. Simeon reflect [the prohibition of] mukzeh? Where one has not rejected it [an object] with his [own] hands; but where one rejects it with his own hands,9 he accepts [the interdict of] mukzeh: or perhaps there is no difference? — He answered him: R. Simeon accepts mukzeh only in respect of the oil in the [Sabbath] lamp while it is burning: since it was set apart for its precept,10 and set apart on account of its prohibition.11 But does he not [accept it where] it [only] was set apart for its precept?12 Surely it was taught: If one roofs it [the booth] in accordance with its requirements, beautifies it with hangings and sheets, and suspends therein nuts, peaches, almonds, pomegranates, grape clusters, garlands of ears of corn, wines, oil, and flours, he may not use them until the conclusion of the last Festival day of the Feast; yet if he stipulates concerning them, it is all according to his stipulation.13 And how do you know that this is R. Simeon's view? Because R. Hiyya b. Joseph recited before R. Johanan: Wood must not be taken from a hut on a Festival,14 save from what is near it;15 but R. Simeon permits it.16 Yet both agree in respect to the sukkah of the Festival17 that it is forbidden on the Festival;18 yet if he [the owner) stipulated concerning it, it all depends on his stipulation!19 — We mean, similar to the oil in the lamp: since it was set apart for its precept, it was set apart for its interdict.20 It was stated likewise: R. Hiyya b. Abba said in R. Johanan's name: R. Simeon rejects mukzeh save in a case similar to the oil in the lamp while it is burning: since it was set apart for its precept, it was set apart for its interdict.
Rab Judah said in Samuel's name: In R. Simeon's view mukzeh applies only to drying figs and grapes.21 But [does it apply] to nothing else? Surely it was taught: If one was eating figs, left [some] over, and took them up to the roof to make dried figs; or grapes, and left [some] over and took them up to the roof to make raisins: he may not eat [of them] unless he designates them.22 And you must say the same of peaches, quinces, and other kinds of fruit.23 Which Tanna is this? Shall we say, R. Judah: seeing that he maintains [the prohibition of] mukzeh even where one does not reject it with his own hands, how much more so where he does reject it with his own hands!24 Hence it must surely be R. Simeon?25 — After all, it is R. Judah, yet the case of eating is necessary: I might argue, since he was engaged in eating, no designation is required; hence we are informed that since he took them up to the roof, he withdrew his thoughts thence.
R. Simeon b. Rabbi asked Rabbi:
What of unripe dates1 according to R. Simeon? Said he to him: R. Simeon holds that mukzeh applies only to drying figs and raisins.
But does not Rabbi accept mukzeh?2 Surely we learnt: Pasture animals may not be watered and killed,3 but home animals may be watered and killed. And it was taught: These are pasture animals: those that go out on Passover and re-enter [the town limits] at the rainfall;4 home animals: those that go out and graze beyond the tehum and re-enter and spend the night within the tehum.5 Rabbi said: Both of these are home animals; but the following are pasture animals: those that graze in the meadow6 and do not enter the town limits7 either in summer or in winter.8 — If you wish I can answer: these too are like drying figs and raisins. Alternatively, he9 answered according to R. Simeon's view, which he himself does not accept. Another alternative: he10 speaks according to the view of the Rabbis. As for me, I do not accept mukzeh at all;11 but even on your view, you must at least agree with me that if they go out on Passover and return at the rainfall they are home animals? But the Rabbis answered him: No! they are pasture animals.12
Rabbah b. Bar Hanah said in R. Johanan's name: They13 ruled: The halachah is as R. Simeon. But did R. Johanan say thus? Surely a certain old man of Kirwaya-others say, of Sirvaya-asked R. Johanan: May a fowl-nest be handled on the Sabbath? He answered him: Is it made for aught but fowls?14 — Here the circumstances are that it contains a dead bird.15 That is well according to Mar b. Amemar in Raba's name, who said: R. Simeon admits that if living creatures die, they are forbidden;16 but on the view of Mar son of R. Joseph in Raba's name, who maintained: R. Simeon differed even in respect of living creatures that died, [ruling] that they are permitted, what can be said? — The reference here is to one [sc. a hen coop] that contains an egg.17 But R. Nahman said: He who accepts [the prohibition of] mukzeh accepts [that of] nolad; he who rejects mukzeh, rejects nolad? — That is when it contains the egg of a fledgling.18
When R. Isaac son of R. Joseph came,19 he said in the name of R. Johanan The halachah is as R. Judah: while R. Joshua b. Levi said: The halachah is as R. Simeon. R. Joseph observed: Hence Rabbah b. Bar Hanah said in R. Johanan's name, They said, The halachah is as R. Simeon: they said, but he himself [R. Johanan] did not rule thus. Said Abaye to R. Joseph: And do you yourself not hold that R. Johanan [rules] as R. Judah?20 Surely R. Abba and R. Assi visited R. Abba of Haifa,21 when a candelabrum fell on R. Assi's robe, but he did not remove it. What is the reason? Surely because R. Assi was R. Johanan's disciple, and R. Johanan held as R. Judah, who maintained [the prohibition of] mukzeh? — You speak of a candelabrum? he replied. A candelabrum is different, for R. Aha b. Hanina said in R. Assi's name: Resh Lakish gave a practical ruling in Zidon: A candelabrum which can be lifted with one hand may be moved; that which requires two hands may not be moved. But R. Johanan said: In the matter of a lamp we accept no other view but R. Simeon's; but as for a candelabrum, whether it can be lifted by one hand or by two, it may not be moved.22 And what is the reason?23 — Rabbah and R. Joseph both say: Because one appoints a place for it. Said Abaye to R. Joseph, But what of a bridal couch24 for which [too] one appoints a place, yet Samuel said on R. Hiyya's authority: A bridal couch
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