BACKGROUND TO THE DAILY DAF
Rosh Kollel: Rabbi Mordecai Kornfeld
12TH CYCLE SHABBOS 40 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family, Hashem Yikom Damam, who perished at the hands of the Nazi murderers in the Holocaust and whose Yahrzeit is observed today: his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe Aryeh Cohen z'l]).
[40a - 50 lines; 40b - 44 lines]
We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
 Gemara 40a [line 7]:
"Chamin she'Huchamu me'Erev Shabbos" חמים שהוחמו מערב שבת
 Gemara 40a [line 32]:
The words "Amar Rav Yehudah, Ma'aseh b'Merchatz Shel Bnei Brak" אמר רב יהודה מעשה במרחץ של בני ברק
should be "Amar Rebbi Yehudah, Ma'aseh b'Merchatz Shel Bnei Brak" אמר רבי יהודה מעשה במרחץ של בני ברק
(This is the way it appears in the older printings of the Shas. This is also evident from Tosfos DH Ela.)
 Gemara 40a [line 33]:
"she'Pakeku Nekavav me'Erev Yom Tov" שפקקו נקביו מערב יום טוב
It seems that Rashi (DH Rochetz and DH Mechupin) and Tosfos (DH l'Motza'ei and 39b DH u'Beis Hillel) were not Gores "me'Erev Yom Tov," rather "miba'Erev," as the Ritva and Shabbos Shel Mi point out. (The Maharshal struggles to explain the words of Tosfos, but his efforts are unnecessary in light of this corrected Girsa.)
 Gemara 40b [line 8]:
It would appear that the words "Al Bnei Mei'ayim" על בני מעים
should be "Al Gabei Mei'ayim" על גבי מעים (as Rashi writes)
1) [line 26] מטילין מבגד לבגד MATILIN MI'BEGED L'VEGED - it is permissible to remove Tzitzis from an old Talis and put them on a new Talis
2) [line 26] ומדליקין מנר לנר U'MADLIKIN MI'NER L'NER
It is permissible to light one Chanukah light from another. This is the lenient opinion quoted on Daf 22a, in the name of Shmuel. Rav prohibits lighting one Chanukah light from another. One reason given for Rav's opinion is Bizui Mitzvah (disrespect for the Mitzvah), since the person transfers the flame with a stick that is not part of the Mitzvah. The second reason given is Akchushei Mitzvah (diminishing the Mitzvah), by taking away some of the oil. It also appears as if he is taking away some of the light.
3) [line 27] והלכה כרבי שמעון בגרירה V'HALACHAH K'REBBI SHIMON BI'GREIRAH (DAVAR SHE'EINO MISKAVEN)
(a) An act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which may result in a Melachah being inadvertently performed, it is called a Davar she'Eino Miskavein. The example brought in our Gemara is dragging a bench or chair on soft ground, where a furrow may possibly be created while dragging. (Digging a furrow is included in the Melachah of Choresh, plowing.) Rebbi Yehudah prohibits performing such an action, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. Rebbi Shimon therefore permits a person to drag a bench across a dirt floor as long as he does not intend to make a furrow.
(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that a furrow will be created (i.e., a Melachah will be done). If it is inevitable for a furrow to be created, the act is prohibited even according to Rebbi Shimon - even though the person dragging the bench is not the least bit interested in the furrow, and does not intend to create it. Such a situation, in which a Melachah will inevitably be accomplished, is referred to as "Pesik Reishei v'Lo Yamus."
(c) A person must have specific intent to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if a person drags a bench and a furrow does result, even Rebbi Yehudah will agree that the person who dragged it is not obligated to bring a Korban, since the furrow was created accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted in the first place to perform an action that may result in a Melachah.
4) [line 29] מרחץ שפקקו נקביו MERCHATZ SHE'PAKEKU NEKAVAV - a bathhouse in which: (a) its vents were stopped up so that the heat should not escape (RASHI, 1st explanation); (b) the holes in the floorboards through which the steam rises were stopped up (RASHI, 2nd explanation); (c) the holes from which hot water enters the bathhouse were stopped up (RASH to Kelim 28:2)
5) [line 31] ומזיע MEZI'A - sweats
6) [line 31] בבית החיצון BAYIS HA'CHITZON - the outer room
7) [line 32] בני ברק BNEI BRAK - a town in Eretz Yisrael, in which Rebbi Akiva lived
8) [line 35] מחופין בנסרים MECHUPIN BI'NESARIM - covered with boards
9) [line 38] אמבטיאות של כרכין AMBATYA'OS SHEL KERAKIN - large bathhouses that are in big cities
10) [line 39] מטייל בהן METAYEL BAHEN - one may walk through them as long as one does not have intent to use them as a sauna
11) [line 42] הבלנים HA'BALANIM - the bathhouse attendants
12) [line 42] להחם L'HACHEM - to heat up [water]
13) [line 46] חמי טבריה CHAMEI TEVERYAH - water from the hot springs of Tiberias
14) [line 49] וזיעה במקומה עומדת ZEI'AH BI'MKOMAH OMEDES - the decree prohibiting sweating remained in force
15) [last line] שרי למיקרי ליה עבריינא SHARI L'MIKREI LEI AVARYANA - it is permitted to call him a transgressor
16a) [line 2] כרכין KERAKIN - big cities
b) [line 3] דכפרים D'KEFARIM - villages
17) [line 3] דזוטרין ZUTRIN - the bathhouses are small
18) [line 3] נפיש הבלייהו NAFISH HEVLAIHU - they are very hot
19) [line 4] כנגד המדורה KENEGED HA'MEDURAH - opposite (facing) a large fire
20) [line 5] ומשתטף בצונן U'MISHTATEF B'TZONEN - (This Beraisa follows the view of Rebbi Yehudah above (39b), who permits a person to *rinse* himself only with cold water and not with hot water.)
21) [line 6] שמפשיר מים MAFSHIR MAYIM - [the bonfire] warms the water
22) [line 7] מיחם אדם אלונטית MEICHAM ADAM ALONTIS - a person may warm a towel (O.F. tevale)
23) [line 8] על בני מעים AL BNEI ME'AYIM - on his stomach
24) [line 9] קומקומוס KUMKUMOS - a kettle
25) [line 13] שתפיג צינתן TAFIG TZINASAN - their coldness should go away
26) [line 15] שיפשר SHE'YIPASHER - that it should become warm
27) [line 21] שהיד סולדת בו YAD SOLEDES BO
The Melachah of Bishul (cooking) is transgressed whether one cooks, roasts, fries, or bakes food. As long as one prepares the food for eating by using fire or the like, he transgresses this prohibition. The temperature required for the Melachah of Bishul is, in general, Yad Soledes Bo (the temperature at which the hand recoils in anticipation of pain). This is not less than 45 degrees Celsius, or 113 degrees Fahrenheit. (Shemiras Shabbos k'Hilchasah 1:1)
28) [line 22] שמן אין בו משום בשול SHEMEN, EIN BO MISHUM BISHUL - if a person heats up oil even to Yad Soledes Bo, he has not violated the prohibition against cooking
29) [line 24] והפשרו זהו בשולו HEFSHERO ZEHU BISHULO
A person who warms oil even to a temperature less than Yad Soledes Bo transgresses the prohibition against cooking. That is, even though warming oil is considered cooking, warming it on one's hand (which is kel'Achar Yad; see next entry) is permitted, since warming oil is equated to cooking only mid'Rabanan.
30) [line 28] כלאחר יד KEL'ACHAR YAD
Whenever a Melachah of Shabbos is done in an abnormal fashion, the transgressor is not liable to the Torah-prescribed punishment. He is said to have done the Melachah kel'Achar Yad (lit. using the back of the hand).
31) [line 30] נכוית NICHVEIS - gets burned
32) [line 31] באמבטי AMBATI - a bathtub or bathing pool
33) [line 31] בכלי שני KLI SHENI
The "second utensil" is the one into which the food was poured from the utensil in which it was cooked (Kli Rishon).
34) [line 34] להרהר L'HARHER - to think [about words of Torah]
35) [line 36] אפרושי מאיסורא AFRUSHEI MI'ISURA - to prevent a person from transgressing a prohibition
36) [line 38] להדיח קרקע L'HADI'ACH KARKA - to wash the ground
37) [line 42] מכת מרדות MAKAS MARDUS
Beis Din has the power to inflict lashes upon a person when lashes mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit. lashes for rebelliousness) and may be unlimited in number. (See for a discussion of the various opinions regarding how Makas Mardus is administered.)
38) [line 42] אנא חזיתיה לרבי אבהו ANA CHAZISEI L'REBBI AVAHU - I saw Rebbi Avahu
39) [line 43] דשט D'SHAT - that he floated. Swimming is prohibited on Shabbos (a) lest a person build a raft or small boat, transgressing the Melachah of Boneh (this does not apply to a bathtub); (b) lest a person kick water out that will travel more than a distance of four Amos in Reshus ha'Rabim, transgressing the Melachah of Hotza'ah (this even applies to a bathtub)
40) [line 43] אי עקר IY AKAR - if he took his feet off the ground