1)

IF A MEMBER OF ONE'S GROUP DIES

(a)

If one member of a group died, all of the members should worry.

(b)

Version #1: This is if the greatest one died. (Midas ha'Din prevailed over the head.)

(c)

Version #2: This is if the smallest died. (Punishments usually begin with the least important.)

2)

ONE WHO DESTROYS ON SHABBOS EXEMPT

(a)

(Mishnah): If one did anything destructive, he is exempt.

(b)

(R. Avahu - Beraisa): Anyone who ruined is exempt, except for one who wounded [a person] or burned.

(c)

R. Yochanan: Don't say that - there cannot be such a Beraisa!

1.

If there is such a Beraisa, the case is, he wounds to feed the blood to his dog, or burns for the sake of the ashes.

(d)

Question: Our Mishnah exempts for anything destructive!

(e)

Answer: Our Mishnah is R. Yehudah, the Beraisa is R. Shimon.

(f)

Question: Why does R. Shimon Mechayev one who wounded or burned?

(g)

Answer: Since a verse was needed to permit circumcision on Shabbos ("Uva'Yom ha'Shemini" - even on Shabbos), we infer that normally, one is liable for wounding (if a Melachah is forbidden mid'Oraisa, one is liable for it. Even Isi ben Yehudah, who exempts one Melachah from stoning (6b), agrees that one is Chayav Chatas for it.)

1.

[It says "Lo Seva'aru Esh b'Chol Moshvoseichem b'Yom ha'Shabbos" - this teaches that] Beis Din may not burn (or administer any other death) on Shabbos - presumably, this is because one is liable for burning. (Even the opinion that says that burning is only a Lav (70A) agrees that one is lashed for it.)

(h)

R. Yehudah argues, for these are constructive!

1.

(Rav Ashi): Circumcision [fixes a person, it] is like fixing a Kli;

2.

Cooking lead (melting it for the Mitzvah of Misas Beis Din) is [constructive] like cooking ingredients for dye.

(i)

(Mishnah): The Shi'ur for laundering [is twice Malei ha'Sit].

(j)

Rav Yosef gestured to show that this is double [the distance one can separate his index and middle fingers];

(k)

R. Chiya bar Ami showed that it is not double [rather, it is exactly the distance one can separate his thumb and index finger - this is the same as Rav Yosef's Shi'ur].

3)

THE CHIYUV FOR TRAPPING ON SHABBOS

(a)

(Mishnah - R. Yehudah): If one trapped a bird in a cabinet or a deer in a house, he is liable;

(b)

Chachamim say, he is liable for a bird in a cabinet or a deer in a garden, Chatzer or Biver (an enclosure of game);

106b----------------------------------------106b

(c)

R. Shimon ben Gamliel says, not all Bivrin are the same.

(d)

The general rule is, if it still needs to be trapped (this will be explained) he is exempt; if not, he is liable.

(e)

(Gemara - Mishnah #1): One may not trap fish from a Biver on Yom Tov, and one may not put food in front of them (Rashi - because they are Muktzeh; Ri - because mid'Oraisa they are not trapped);

(f)

One may trap a Chayah or bird [from there], and one may put food in front of them.

(g)

Contradiction (regarding Chayos and birds - Beraisa): One may not trap Chayos, birds or fish from a Biver on Yom Tov, and one may not put food in front of them.

(h)

Answer #1 - part 1 (regarding Chayos): The Beraisa is like R. Yehudah, who says that Chayos are not trapped until they are in the house (therefore one may not take them from a Biver), Mishnah #1 is like Chachamim of our Mishnah, who say that it is already trapped in a Biver.

(i)

The contradiction regarding birds remains!

1.

Suggestion: Mishnah #1 discusses a roofed Biver (they are trapped there), the Beraisa discusses an uncovered Biver.

2.

Rejection: A house is roofed, yet R. Yehudah and Chachamim agree that a bird is not trapped in a house, only in a cabinet!

(j)

Answer - part 2 (regarding birds - Rabah bar bar Chanah): Our Mishnah discusses a wild bird, it does not accept authority;

1.

(Beraisa - Tana d'vei R. Yishmael): It is called Tzipor Dror because it is Dar (dwells) in the house like in the field [and hides in the corners].

(k)

Answer #2 - part 1: Likewise, regarding Chayos, Mishnah #1 discusses a large Biver, our Mishnah discusses a small Biver.

(l)

Question: What is considered a large Biver, and what is small?

(m)

Answer #1 (Rav Ashi): If one bends down and can catch it in one chasing, this is small - if not, it is big.

(n)

Answer #2: If the shadows of one wall reach to the opposite wall (Rambam 10:20 - if they both reach to the middle, at different times during the day) it is small; if not, it is big. (Tosfos - there was a known standard height for walls. PF - the Gemara must also be assuming a fixed value for the angle of the sun - at sunrise and sunset, rays of sun are horizontal, no matter how big it is the shadows reach from one wall to the other! Perhaps it refers to the noontime sun on the day of Tekufas Tishrei or Nisan (the equinox), when the angle of the shadow equals the latitude, about 30 degrees in Eretz Yisrael - accordingly, if the width is less than half the height of the wall it is small; if not, it is big.)

(o)

Answer #3: If there are no corners [for it to hide in], it is small; if not, it is big.

(p)

(Mishnah - R. Shimon ben Gamliel): [Not all Bivrin are the same].

(q)

(Rav Yosef): The Halachah follows R. Shimon ben Gamliel.

(r)

Abaye: This implies that Chachamim argue with him (but we established the Mishnah to discuss a small Biver)!

(s)

Rav Yosef: What difference does it make (in any case, the Halachah follows him)!

(t)

Abaye: Should we say teachings like a song [for which there is no need]?!

4)

FOR WHICH ANIMALS IS ONE LIABLE FOR TRAPPING ON SHABBOS?

(a)

(Beraisa): If one trapped a blind or sleeping deer, he is liable; if one trapped a lame, old or sick deer, he is exempt.

(b)

Question (Abaye): What is the difference between them?

(c)

Answer (Rav Yosef): A blind or sleeping deer is prone to escape [when it senses people - Rashi; R. Chananel - one needs to wait in ambush to catch it], but not a lame, old or sick deer.

(d)

Contradiction (Beraisa): If one trapped a sick deer, he is liable.

(e)

Resolution (Rav Sheshes): If it has a fever, he is liable; if it is tired, he is exempt (it cannot move, it is as if it is already trapped. Aruch - alternatively, if it has a fever, it is truly sick and cannot run, he is exempt; if it is tired, he is liable, for it can run.)

(f)

(Beraisa #1 - R. Meir): If one trapped grasshoppers, Gazin (Bach - a kind of Tamei Sheretz; Rashi, R. Chananel - a species of grasshoppers or wasp), wasps or mosquitoes on Shabbos, he is liable;

(g)

Chachamim say, one is liable for species normally trapped, and exempt for species not normally trapped.

(h)

(Beraisa #2): If one trapped grasshoppers when there is dew (they are blind then), he is exempt; if he trapped them when it is dry, he is liable.

(i)

Elazar ben Mehavai says, if they were swarming (they are easy to trap), he is exempt.

(j)

Question: Does Elazar discuss the Reisha or the Seifa?

(k)

Answer (Beraisa): If one trapped grasshoppers when there is dew, he is exempt; when it is dry, he is liable.

(l)

Elazar ben Mehavai says, even when it is dry, if they were swarming, he is exempt.

(m)

(Mishnah): If a deer entered a house and one locked the door, he is liable;

1.

If two people locked the door, they are exempt;

2.

If one could not lock it and two people locked it, they are liable;

3.

R. Shimon exempts.

(n)

(Gemara - R. Yirmeyah bar Aba): If one trapped a lion on Shabbos, he is not liable until he puts it in its cage.

(o)

(Mishnah): If Reuven sat in the doorway and did not fill it, and Shimon sat [next to him] and filled it (trapping a deer in the house), Shimon is liable;

(p)

If Reuven sat in and filled [the width of] the doorway, and Shimon sat next to him (and also filled the width), even if Reuven left and Shimon remained, Reuven is liable and Shimon is exempt;

(q)

[Shimon] is like one who locked his house to guard the contents, and a deer was found inside. (Rashba - the deer was already trapped (the door was closed) - he may lock the door to increase security [lest someone open the door], just like he may guard his other possessions. Alternatively, he did not know about the deer until after locking - he is allowed to keep it locked after he finds out. Yerushalmi - one may intend to lock the door to guard his house and trap the deer. Ran - it is permitted only if he did not know about the deer at the time - if he knew, it is a Pesik Reisha, it is forbidden!)

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