IS TEVILAH BI'ZMANAH A MITZVAH?
Question: R. Yosi does not hold that Tevilah bi'Zmanah Mitzvah!
(Beraisa): The following immerse during the day - a Zav, Zavah, Metzora, Metzora'as, Bo'el Nidah, and Tamei Mes;
A Nidah and Yoledes immerse at night.
A Ba'al Keri may immerse at any time during the day;
R. Yosi says, if his emission was after [he prayed] Minchah, he need not immerse during the day (he can immerse at night before praying Ma'ariv).
Answer: That opinion is really of R. Yosi b'Rebbi Yehudah, who says that it suffices for her to immerse at the end [regarding a woman who does not know when she gave birth - others require her to immerse every day that could be her first opportunity to become Tehorah].
ALLOWING OTHERS TO EXTINGUISH A FIRE ON SHABBOS
(Mishnah): If a Nochri comes to extinguish, [the owners of the burning properly] do not (i.e. may not) tell him to extinguish, nor do (must) they tell him not to extinguish, because his rest on Shabbos is not their responsibility;
But if a minor comes to extinguish, they do not allow him, for it is their responsibility that he rest.
(Gemara - R. Ami): Regarding a fire, Chachamim permitted to say [in front of Nochrim] 'Anyone who extinguishes will not lose!'
Support (Mishnah): If a Nochri comes to extinguish, they do not tell him to extinguish, or not to extinguish, because his rest is not their responsibility.
Inference: They may not tell him to extinguish - but they may say 'Anyone who extinguishes will not lose!'
Rejection: It also says that they do not tell him not to extinguish.
Inference: They need not tell him to extinguish - but they may not say 'Anyone who extinguishes will not lose!'
Conclusion: [The inferences contradict one another - we cannot determine which is correct,] the Mishnah neither supports nor refutes.
(Beraisa): A case occurred, a fire erupted in the Chatzer of Yosef ben Simai; the authorities (Nochrim) of Tzipori came to extinguish it, for Yosef was the overseer of the king's money - he did not allow them, on account of the honor of Shabbos (lest people think that he asked them to extinguish);
A miracle occurred, rain fell and extinguished it;
At night, he sent two Sela'im to everyone [that came to extinguish but consented to refrain] and 50 Sela'im to the mayor.
When Chachamim heard about this, they said that he did not need to stop them - it was taught that if a Nochri comes to extinguish, they do not tell him to extinguish, or not to extinguish.
(Mishnah): But if a minor comes to extinguish, they do not allow him, for it is their responsibility that he rest.
Inference: If a child is eating Neveilos [or doing any Isur], Beis Din [and all of Yisrael] must stop him!
Rejection (R. Yochanan): The case is the child comes to extinguish because the father wants this [but others need not stop him]!
Question: If so, likewise the Nochri [in the Reisha] does so for the sake of the Yisrael - but this is forbidden!
Answer: A Nochri acts for his own sake.
COVERING EXCREMENT ON SHABBOS
(Mishnah): One may put a bowl over a Ner to prevent the ceiling beam from catching fire, and over excrement of a child, and over a scorpion so it will not bite;
R. Yehudah says, a case occurred - R. Yochanan ben Zakai said that he suspects that the person is Chayav Chatas.
(Gemara): Rav Yehudah, R. Yirmeyah bar Aba and Rav Chanan bar Rava visited the house of Avin of Nashikiya; Rav Yehudah and R. Yirmiyah were given beds to lie on, but not Rav Chanan. Rav Chanan heard Avin teaching to his son 'over excrement of a child on account of a child (lest he play with it)'.
Rav Chanan: Avin the fool teaches folly to his son! Excrement itself is fitting for a dog (we need not give other reasons to permit covering it! Bava Kama 92b - dogs eat Glalei (excrement) when they are hungry; Rashi prefers to say (there) that 'Glalei' refers to rocks, for dogs normally eat excrement.)
Suggestion: Perhaps another reason is needed because the excrement was not ready from before Shabbos.
Rejection (Beraisa): One may take [water from] flowing rivers and springs wherever he may go [even if it came from outside his Techum - since he knows that the river flows, he intends to use water that will come - likewise, he may use excrement, for he knows that it will come].
Avin: What should I teach?
Rav Chanan: You should teach 'over excrement of a chicken (dogs do not eat it) on account of a child.'
Question: It should be permitted because it is Geraf Shel Re'i (a Kli for excrement)!
Suggestion: Perhaps excrement may be moved only Agav (along with) a Kli.
Rejection: A mouse was found in Rav Ashi's spices - he commanded to remove it by its tail.
Answer #1: The Mishnah discusses excrement in a wasteheap [in Reshus ha'Rabim; one may move Geraf Shel Re'i only if it is in a place where it bothers him].
Question: [If so, we should not be concerned -] children would not be in a wasteheap [in Reshus ha'Rabim]!
Answer #2: The excrement is in a Chatzer.
Question: One may move Geraf Shel Re'i in a Chatzer!
Answer: The excrement is in a wasteheap in a Chatzer.
KILLING DANGEROUS ANIMALS ON SHABBOS
(Mishnah): ...And over a scorpion so it will not bite.
(R. Yehoshua ben Levi): One may kill any damager on Shabbos;
Question (Rav Yosef - Beraisa): Five animals may be killed on Shabbos - a fly in Mitzrayim, a wasp in Ninveh, a scorpion in Chadayev, a snake in Eretz Yisrael, or a rabid dog anywhere.
Question: Who is the Tana of the Beraisa?
It cannot be R. Yehudah - he is Mechayev Melachah she'Einah Tzerichah l'Gufah (he could not permit unless there is mortal danger, and then any animal could be killed)!
Answer #1: It is R. Shimon, and he permits only these five!
Answer #1 (R. Yirmiyah): Perhaps the Beraisa is mistaken (it is not a Tosefta)!
Answer #2 (to both questions - Rav Yosef): The case is, they are pursuing him (these animals pose mortal danger), the Beraisa is like both Tana'im (Tosfos; Rashi - R. Yehoshua ben Levi discusses when they are pursuing him).
(A reciter of Beraisos): If one kills snakes and scorpions on Shabbos, Chasidim are displeased with him.
Rava bar Rav Huna: Chachamim are displeased with these Chasidim!
He argues with Rav Huna.
Rav Huna saw a man kill a wasp [on Shabbos]. He asked, 'Did you kill them all?!' (What you did will not help.)
(Beraisa): If one encountered snakes and scorpions:
If he killed them, this shows that Hash-m summonsed them to give him the merit of killing them;
If he did not kill them, this shows that Hash-m summonsed them to kill him (for a sin), just Hash-m saved him miraculously.
(Ula): This is when they were hissing at him.
R. Aba bar Kahana: Once, one of them fell into the Beis Medrash; one of the Talmidim killed it. Rebbi remarked that it met someone like it.
Question: Does this mean, [it sought to kill, its intent was carried out on itself,] the Talmid acted properly?
Or, does it mean, [it kills needlessly, it was killed needlessly,] the Talmid acted improperly?
Answer - Question (R. Aba and R. Zeira): May one kill snakes and scorpions on Shabbos?
Answer (R. Yanai): I kill wasps - all the more so I kill snakes and scorpions!
Rejection: Perhaps he permits only [to trample them] l'Fi Tumo (Rashi - in the course of walking, without overtly trying to kill them; Mishnah Berurah - he may intend, but makes it look like he does not).
(Rav Yehudah): One may trample spit l'Fi Tumo (Mishnah Berurah - he may intend to walk on it, he may not intend to smear it);
(Rav Sheshes): One may trample a snake l'Fi Tumo.
(Rav Katina): One may trample a scorpion l'Fi Tumo.
Aba bar Marsa owed money to people of the Reish Galusa's house; they brought him and were paining him. There was spit in front of them (it was Shabbos) - the Reish Galusa told them to cover it with a Kli.
Aba bar Marsa: There is no need to do so - Rav Yehudah permits to trample spit l'Fi Tumo!
Reish Galusa: Leave him alone, he is a Chacham.