Category Archives: yom tov

Pesachim 93 The Status of Pesach Sheini- A Chag in its own right?

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The Mishna on 92b tells us that not only one who was impure or far away on Pesach, as per the biblical imperative (Bamidbar 9/9-13  ) but also one who was  שוגג ( unknowing) or אונס  (prevented from bringing it by reasons beyond his control) may and must bring his קרבן  a month later on פסח שני.

There is a significant debate between רבי  and רבי נתן  as to the nature of this day.

According to רבי, it is considered a  רגל בפני עצמו  (festival in its own right) whereas according to רבי נתן, it is merely תשלומין   (a “make-up” opportunity) for the mitzva missed on Pesach .

It seems that according to רבי, פסח שני  brings with it a default obligation to bring a קרבן פסח  but includes an exemption for those who have already brought one on Pesach itself.

In contrast, according to רבי נתן, there is no default obligation to bring a קרבן פסח  that comes with פסח שני, but just an inherited one from Pesach if it has not already been carried out. (to phrase it in “Lomdishe” terminology, According to רבי, the מחיב  is actually  פסח שני  with פסח  being a פטור  for those who brought their קרבן  already on it. In contrast, according to רבי נתן, the מחייב  is actually Pesach itself, with פסח שני  merely being תשלומין  if it was missed.)

A major נפקא מינה (practical ramification) of this debate regards someone who converted between Pesach and Pesach Sheini, or a child who became Bar/bat-Mitzva during this period.

Should we say that פסח שני  is a festival in its own right, then it follows that they should bring a קרבן  on פסח שני.  On the other hand, should we say that it is merely a תשלומין  for the missed mitzva on Pesach, then seeing as they were never obligated by פסח ראשון, there is no missed mitzva for them to make up!

Another נפקא מינה  relates to when the punishment of כרת  is applicable.

Rebbe holds that one can get כרת  for intentionally missing the קרבן פסח on either date, and the Gemara understands that this is consistent with his view that פסח שני  is its own independent festival.

Though, as Rashi points out, one person cannot get כרת  twice, this does mean that a person who knowingly missed either date and unknowingly missed the other, will be liable to כרת, and that in the above-mentioned case of the convert, knowingly missing פסח שני  will result in כרת. (interestingly enough Rashi mentions the case of the convert and not the case of the child regarding כרת – perhaps this is because he holds like the views in Chazal that אין בית דין של מעלה עונשין עד גיל עשרים , a topic requiring analysis of its own– see Shabbos 89b and my Hebrew analysis on this subject. Yet see Pesachim 91b and תוס’ ד”ה “איש ולא קטן”)

In contrast, רבי נתן  holds that one can only get כרת  for knowingly missing פסח ראשון , the primary מחיב , in which case פסח שני does not exempt him from the כרת  . If one unknowingly missed פסח ראשון  or missed it for legitimate reasons, he never incurred the כרת  in the first place and whereas פסח שני  gives him a chance to make up for the lost mitzva, it does not have  the independent status to create its own כרת  if missed.

A third view in this regard is that of רבי חנניא בן עקביא who agrees with רבי נתן  that פסח שני  is not an independent festival but holds that it is not only a תשלומין  (chance to make up the lost mitzva) but also a תקנתא  (remedy) for the כרת  incurred by knowingly missing פסח ראשון . As such, one would only be liable toכרת  if he knowingly missed both opportunities!

Another possible נ”מ , though not mentioned in the Gemara, could be whether Pesach Sheini is to be treated as a low-level festival in other ways too, perhaps even for those who have brought the קרבן פסח  and for all of us today who cannot do so? This could involve avoiding fasts, eulogies, saying Tachanun etc.

A more complex question that might be dependent on this debate but would also be affected by other considerations  would be whether we will be liable to keep Pesach Sheini if the conditions that obligate us to bring the קרבן פסח  were to return during the period between Pesach and 14 Iyar!   

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There is a general rule of פסק  (halachik rulings) that הלכה כרבי מחברו  (the halacha follows Rebbe in a dispute with any of his colleagues-see Eruvin 46b) -AT first glance, one might think that this would indicate that we should rule like רבי  that פסח שני  is a רגל בפני עצמו.

Yet, in various places (for example Pesachim 27b, Kesubos 21a   ) it is made clear that this rule usually only applies מחבירו  (against one of his colleagues )  and not מחביריו  (against more than one colleague)- In the latter case, the general rule of הלכה כרבים  (follow the majority) still applies.

As such, seeing as bothרבי נתן  and רבי חנניא בן עקביא  hold that Pesach Sheini is NOT a festival in its own right, the view of the two of them should override that of רבי, and we should rule that it is NOT a festival in its own right.

Yet, the Rambam (Korban Pesach 5/7) rules that a convert who converted between the two Pesach’s, as well as a child who reached the age of majority during that period, MUST bring a קרבן פסח  on פסח שני . his ruling regarding כרת  (K.P. 5/2) is also consistent with the view of Rebbe, a point not lost on the Raavad!

Even more in need of analysis is the ruling of the Meiri (Pesachim 93a), who holds that the convert referred to above does NOT bring a קרבן פסח  DESPITE the fact that we hold that פסח שני  is a רגל בפני עצמו  regarding כרת, a ruling that seems to contradict the link made between the two rulings by the Gemara!

The key to understanding the Rambam might lie in a different sugya (B.B 124b) where some views are brought that we follow רבי  even against more than one of his colleagues, or that one is permitted to do so if one agrees with the logic in his arguments?

Perhaps the Rambam follows this view and uses this discretion to rule like Rebbe even against more than one of his colleagues- (this would admittedly go against the consensus of the Rishonim in Bava Basra who rule either like Rava or Rav Papa but so long as it is consistent in the Rambam’s psak in general, something we would need to test, it would not be illegal.)

And perhaps the Meiri goes a step further and uses this discretion to rule like Rebbe regarding treating פסח שני  as an independent חג  on the one hand but not like Rebbe regarding the convert or the child. Understanding that although the Gemara connects the two rulings, the logic is not precisely the same and it is possible to agree with Rebbe’s logic in one place and not in another?

Alternatively , it could be that the main debate is regarding the convert and the child, and there are only two views there, that of רבי and that of רבי נתן  – it is just regarding the connected dispute regarding כרת  where there are two views against Rebbe, and perhaps in a case where the main debate contains only one opposing view, the rule that we follow Rebbe still applies- This explanation might explain the Kesef Mishna (K.P. 5/7) who ironically explains that the Rambam rules like Rebbe specifically because of the rule of הלכה כרבי מחבירו  against רבי נתן, seemingly ignoring the parallel dispute regarding כרת.

In truth, the Raavad raises this difficulty earlier on in the perek (K.P. 5/2) and the Kesef Mishna bring Rabbeinu Avraham son of the Rambam who explains that seeing as we are dealing with a 3-way dispute (whether פסח שני  is its own festival, תשלומין דראשון , or תקנתא דראשון) , Rebbe is weighted against each of his colleagues separately, not together, and the rule of הלכה כרבי מחבירו  still applies.

This explanation initially bothered me because at the end of the day, the Gemara did seem to indicate that the נקודת המחלוקת  (point of contention) as about whether Pesach Sheini is an independent festival or not, and on that, Rebbe is clearly in the majority.

It seems that the way Rabbeinu Avraham understands his father, this is not quite precise, and seeing as  רבי נתן   and רבי חנניה בן עקביא  derive their views from different readings of the verses, each one’s understanding of   אינה רגל בפני עצמו  is so different that they are seen as completely different views- This if course requires further analysis but might shed further light on the rather different  ruling of the Meiri as well.

Much more to investigate, and we would need to test whatever explanation we choose against the Rambam’s other relevant rulings and the other relevant sugyos to see if it holds any water.

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Be that as it may, given that the Rambam has ruled conclusively that פסח שני  is its own independent festival, does this have any significance for us in our day where no-one is able to perform Pesach Rishon?

Simply speaking, it seems not. Even according to Rebbe who holds that Pesach Sheini is an independent festival, this is most likely only for those whose obligation was pushed over to Pesach Sheini, not for those who obligation was fulfilled on Pesach Rishon or who despite not having fulfilled their obligation on Pesach Rishon do not have their obligation pushed over to Pesach Sheini.

Given that we have learnt explicitly )Pesachim 66b)  that only individuals and NOT the entire community, (or even the majority thereof) have their obligation pushed over to Pesach Sheini, this independent festival simply does not apply in a case where the whole Jewish people were unable to bring the Korban Pesach, despite the rule of טומאה הותרה בצבור, for other reasons beyond their control.

Yet there does appear to be a “taste” of this festival for everyone in that many have the custom not to say Tachanun on Pesach Sheini ( interestingly based on the Megilas Taanis which lists it as a day when fasting and saying eulogies are not allowed-whether this should apply after Megilas Taanis ceased to be authoritative  [see Rosh haShana 19b] is a question in its own right) ) and some even eat Matza!

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

Pesachim 90-92 The אונן, Korban Pesach, and mourning laws on Purim

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The Mishna at the bottom of daf 90b lists a number of people who despite currently being unfit to eat the קרבן פסח may still be included in a group that the קרבן  is slaughtered for, seeing as they will be fit to eat it in the evening.

This list includes, amongst others, one who is an אונן and a prisoner who has been promised that he will be freed by evening.

Although they may be included in a group, the קרבן  may not be slaughtered for them alone, in case they do not become fit to eat it and the entire קרבן  becomes invalid.

Although the term אונן  is generally used to refer to someone who has lost a relative and still has not buried him, the usage of this term does seem to vary from place to place, and the reference to one over these 3 daf presents an opportunity to begin clarifying the scope, status, and laws of an אונן  as opposed to an אבל  and a regular person.

The term אונן/אנינות  is found in the Chumash itself in  the ודוי מעשרות, the declaration made in the third and sixth year before Pesach verifying that one has separated all his tithes and treated them according to halacha.

One of the phrases in this declaration is “לא אכלתי באוני ממנה” (I never ate from it while I was in my אנינות  –  Devarim 26/14.)

The implication is that it is forbidden to eat one’s Maaser Sheini while one is an אונן (the other tithes are not eaten by the original owner but by the Levi ,the poor, or the Kohain)

What precisely “באוני”  means is not evident from the פסוק,but the Ibn Ezra sees it as synonymous with “אבלי” (my mourning) and connects it to the naming of Binyamin as “בן אוני” (Bereishis 35/18.) and “לחם אונים “ (Hoshea 9/4).

Although the actual word is not used, reference to the day one lost a relative can also be found regarding sacrifices, where Aharon explains  that the reason he did not eat from the inaugural sacrifices we because he had lost his 2 sons that day (Vayikra 10/19)

The Targum Yonatan explains that Aharon made a “kal vachomer” argument to Moshe- If an אונן  is not permitted to eat מעשר שני, how much more so a קרבן חטאת  which has a much greater sanctity.

By making this link, the Targum seems to have made it clear that Aharon had the same status of the אונן  mentioned regarding מעשר שני and that this phrase refers to the day of death, leading us to conclude that אנינות דאורייתא  refers to the day of death, at least prior to the burial, and possibly also afterwards.

In truth, the Gemara (Zevachim 100b) brings a Beraisa which records a debate between Rebbe and Chachamim as to how long אנינות  continues, at least on a rabbinical level/

Rebbe is of the view that it is only until the burial whereas the Chachamim hold that it is the entire day.

The Gemara discusses which day they are talking about, whether it is the day of death or the day of burial, in a case where the two do not coincide.

It argues that it is impossible that Rebbe holds that אנינות  on the day of death ends after the burial even before the day is over, seeing as everyone agrees that the entire day of death is subject to the laws of אנינות  based on the passuk “ואחריתה כיום מר”  (after it is like a bitter day-  Amos 8/10   ) and everyone also holds that the night after the day of death is rabbinically subject to the laws of אנינות.

רב ששית  It then suggests that the dispute is referring to the day of burial and a long discussion ensues.

The Gemara concludes that according to Rebbe, the whole of the day of death is subject to אנינות דאורייתא and the night after, as well as the day and night after burial are subject to אנינות דרבנן.

Returning to our sugya, Rashi explains that the אונן  mentioned in our Mishna who may be included in the group for a קרבן פסח seeing as he will be fit to eat it as night, is referring to one who has not yet buried his death, bringing support from the Gemara in Zevachim.

The Gemara (Pesachim 92b) explains that seeing as אנינות at night (even on the day of death) is only דרבנן, Chazal did not apply their own restrictions in a way that would cause the אונן to miss out on a מצות עשה  whose neglect incurs the penalty of כרת.

In contrast, other קרבנות  may not be eaten at night during אנינות דרבנן as Chazal upheld their restrictions even in cases where the אונן  would miss out on a regular מצות עשה , so long as its neglect  does not incur the penalty of כרת .

This requires further explanation- After all, the Gemara (Moed Katan 14b)  rules that אבלות  does not apply on Chol haMoed seeing as the עשה דרבים  (public positive mitzva) of שמחת יום טוב  pushes aside the עשה דיחיד  of אבלות.

The usage of the term עשה indicates that this is referring to אבלות דאורייתא, in other words, אנינות on the first day.

If a public positive mitzva of rejoicing on chol hamoed pushes aside אבילות דאורייתא , why shouldn’t the mitzva of eating any קרבן, particularly public ones, push aside אנינות דרבנן?

Furthermore, surely the rule of עשה דוחה לא תעשה  should allow the mitzva of eating a korban to push aside even a biblical prohibition of אנינות ?

The solution to the later question seems rather straight-forward:

When one action consists of 2 independent results, one a mitzva and one an aveira, the above rule might tell us that the action is defined as a mitzva and not an aveira.

However in the case of the prohibition of eating מעשר שני  or קדשים  during אנינות, the very essence of the prohibition forbids performing the עשה.

From the fact that the Torah forbids eating קדשים    during אנינות , it is clear that the rule of עשה דוחה לא תעשה  cannot apply here anymore than it would apply to any of the other prohibitions regarding eating them, such as doing so when impure.

It could  follow that when Chazal extend such prohibitions, they do so under the same parameters as the original biblical prohibition and unless they specifically say otherwise, the fact that their decree is stopping the fulfillment of an עשה דאורייתא  is irrelevant- that is the essence of the גזירה  , just like it is with גזירה דרבה  which stops us from fulfilling the מצוות עשה  of shofar and lulav and the מצוה מדברי סופרים  of קריאת המגילה  on shabbos, by way of Chazal’s authority to require one to be שב ואל תעשה  (passive) rather than perform a מצוה עשה under circumstances that concern them.

In contrast, when it comes to the laws of אבילות other than those relating to מעשר שני  and קדשים, there is no specific עשה  or גזירה דרבנן  to mourn on Yom-Tov.

The requirement is to mourn during the specified mourning period, and it conflicts with another requirement to rejoice on the festivals – as such, the public requirement to rejoice on the festivals overrides the private requirement to mourn.

Similarly, there is no specific prohibition to eat the קרבן פסח  while one is an אונן- the prohibition only follows from the general prohibition of eating קדשים, and whereas on the day of death when this prohibition is דאורייתא , the fact that eating it is an עשה שיש בו כרת  might not be sufficient to override the prohibition, it is enough for Chazal to choose not to extend this prohibition if it will stop one performing such a serious mitzva.

We should also note that the 2 sources in the Torah for the laws of אנינות  are limited not only to the day of death, but also to a prohibition against eating מעשר שני  and קדשים.

A different area of the laws of אנינות  relates to exemption from performing מצות, but other than not wearing Tefillin which might be a law of mourning itself, this seems to be dependant on whether one is in fact busy with the burial arrangements, and the main sugya on this can be found at the beginning of the third chapter of Brachos (18a.)

A third area relates to the various laws practiced as an expression of mourning, at least on the day of death. These  might be an extension of the prohibition of eating מעשר שני  or קדשים  , either on a  biblical or rabbinical level, but might also be completely non-related, on either level.

This could have major ramifications for whether the law of אבלות  , particularly on the day of death, apply on Purim or not.

If we follow the ruling of the Rambam )Aveil 1/1) who holds that the requirement to keep certain signs of mourning on the day of death is indeed part of the law of אנינות דאורייתא, then it is unlikely that מצוה מדברי סופרים such as rejoicing on Purim, will override this .

On the other hand, if we follow other Rishonim who hold that the laws of aveilus are only rabbinical in status, it is more likely that the higher status of Simchas Purim as a מצוה מדי סופרים  AND a מצוה דרבים  will override them.

The resolution of this question is way beyond the scope of this post, but it is indeed a matter of debate between the Mechaber and the Rema in Orach Chaim whether public mourning applies on Purim or not! (O.C. 696/4 but compare Y.D. 401/7 where the Mechaber seems to agree with the Rema that it does not.)- Perhaps the law of הלכה כדברי המיקל בערוב  should apply?!

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

Pesachim 53-54 Yom-Kippur candles, good intentions, and the power of looks

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In loving memory of my dear father, Moreinu haRav Avraham Benzion ben Azriel Hertz Isaacson zt’l, whose love of Torah, passion for justice, and acts of kindness inspire everything I do.

Towards the bottom of daf 53, the Gemara presents a debate that took place while Ullah was travelling on his donkey, accompanied by Rabbi Aba and רבה בר בר חנה.

First, some background:

The Mishna had discussed a difference in customs regarding whether to light candles for Yom-Kippur or not.

Unlike shabbos eve, where lighting candles was a universally accepted obligation, Yom Kippur eve had no such consensus in this regard, and whereas in some locations there was a practise to do so, in others, the practise was to refrain from this.

Keeping with the general requirement to follow local custom, the Mishna ruled that everyone must follow the custom of his place.

The Gemara pointed out that this was not an issue of being stringent or lenient ,as is the case in many of the customs we have discussed- rather, there was strong reasoning on both sides, both related to the same concern.

Before we attempt to explain this, we should note that various reasons are given for the rabbinical mitzva of lighting candles for shabbos, among them:

  1. עונג שבת  (to allow one to enjoy shabbos- it being rather difficult to do so in the dark- see Rambam Shabbos 5/1)
  2. כבוד שבת  (honoring shabbos- a banquet without light is not  honorable – see Rashi Shabbos 25b ד”ה “חובה”  and Rambam Shabbos 30/5]
  3. שלום בית  (keeping the peace at home- it being rather difficult to do so if people are constantly falling over things or bumping into one another- see Rashi, Shabbos 25b ד”ה “הדלקת נר”

Whereas all these reasons could apply, perhaps with some nuances, to Yom-Tov, Yom Kippur might indeed be different.

Whereas there is no mitzva of עונג    (enjoyment) on Yom Kippur, there might certainly be a mitzva of כבוד  , yet according to Rashi, the כבוד  provided by the candles is achieved by making the meal more distinguished, and there is no meal on Yom-Kippur!

At first glance, it seems that given the holiness of the day, שלום בית  is certainly also  an applicable reason, and having people falling over things on Yom-Kippur is hardly a reason for this.

Yet שלום בית  has multiple implications, and its most highlighted component sometimes seems to revolve around the physical and emotional relationship between man and wife, the former being limited on Yom-Kippur by the prohibition against תשמיש המיטה  (sexual relations) and other physical contact. (See Shabbos 152a where Rabbi Shimon ben Chalafta refers to his אבר תשמיש  (sexual organ) as the עושה שלום בבית  (the peacemaker at home!)

It might be that the damage to this  important component of שלום בית  when people are bumping into each other, putting the husband and wife in a bad mood not suitable for such relations, is what makes shabbos candles on shabbos obligatory, and this consideration is lacking on Yom-Kippur.

However, the Gemara’s analysis of this debate does not seem to center on these considerations, but rather on the prohibition of sexual relations on Yom-Kippur. (though see later the view of Rabbi Shimon ben Elazar regarding lighting candles before Yom-Kippur that falls on Shabbos, for reasons of כבוד שבת!)

Rashi explains that on the one hand, if there is a candle lit on Yom-Kippur, people will be more likely to refrain from sexual relations due to the added prohibition of having such relations by the light of a candle (itself quite a statement, given that this seems to be a relatively mild prohibition compared to that of having sexual relations itself on Yom-Kippur, as well as the fact that everyone agrees that a candle is need on shabbos and this seems to present no such concern).

On the other hand, if one can see one’s wife on the night of Yom-Kippur, one is more likely to be attracted to her and tempted to transgress the more severe prohibition of actual sexual relations.

Whereas some explanation is needed for both above claims, the Gemara sees this as an example of how two communities can have opposite customs both with righteous intentions, applying the  passuk “ועמך כולם צדיקים לעולם ירשו ארץ. (“and your nation are all righteous people, they will forever inherit the land!)

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Another dispute is recorded regarding whether one makes the bracha בורא מאורי האש  on a candle during havdala after Yom-Kippur, or whether this bracha is reserved for motzai-shabbos.

Rav Yehuda quotes Shmuel as ruling that one does not, seeing as fire was created on motzai shabbos, and the bracha on it is thus reserved exclusively for that time.

רבה בר בר חנה is quoted as agreeing and as claiming that Rabbi Yochanan agreed!

Now, we return to the incident we opened up our post  with:

Rabbi Aba asked Ullah if it was true that Rabbi Yochanan had agreed that one only makes the bracha  בורא מאורי האש  on motzai shabbos, and not motzai Yom-Kippur, and Ullah responded initially by giving Rabbah bar Chana a “bad look.”

He then explained that when he quoted Rabbi Yochanan, it was not regarding this law, but rather regarding Rabbi Shimon ben Elazar’s claim regarding Yom Kippur that fell on shabbos.

Rabbi Shimon ben Elazar claimed that everyone agrees that one needs to light candles on the eve of such a day, out of honor for shabbos, and Ullah had quoted Rabbi Yochanan as noting that the Chachamim did not agree, and held that it was still subject to the same debate above (note that כבוד שבת  seems according to this view to be more important than כבוד כפור  and to override the concern of being attracted to one’s wife- it also does not seem to be related to the shabbos meal)

רבה בר בר חנה then relented and accepted that Ullah was correct.

We should note that receiving a “bad look” from someone, particular a Torah leader, is not a simple thing, recalling how Rabbi Yochanan when angered by  a student’s heresy, stared at him and turned him into a pile of bones. (see Bava Basra 75a )

Yet in this case, Rav Yosef seems to see this “bad look” in a positive light, praising Ullah for the ability to communicate his disapproval with a look rather than by verbally attacking רבה בר בר חנה, and praising רבה בר בר חנה for his ability to note such disapproval and accept it, applying  a relevant passuk in משלי  to both of them.

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After asking what our custom is regarding the bracha on fire in havdala, the Gemara notes that רבי בנינין בר יפת  quoted Rabbi Yochanan (contrary to what was initially reported) as ruling that this bracha is made both on motzai shabbos and motzai Yom-Kippur, and that this is the way the people have spoken!    (note that this ruling is later qualified with the requirement that the candle used on motzai Yom-Kippur needs to be a נר ששבת  [a candle that was already lit over shabbos for permitted reasons, such as pikuach nefesh, or one that was lit before Yom-Kippur- see Rashi.])

Rashi explains that in the absence of the reason that fire was created on motzai shabbos, we require the other reason to make such a bracha, namely the fact that one is now able to use this fire for things one could not use it before (perhaps like lighting another fire with it.)

As such, we need a candle which was already burning but whose use was limited to us before Yom-Kippur ended due to the prohibition of melacha.

In conclusion, when it comes to lighting candles on erev Yom-Kippur, it seems that the usually authoritative view of Rabbi Yochanan is that it is still dependant on custom , whereas when it comes to making the bracha of בורא מאורי האש  on motzai shabbos, his view is that we do so, but only with a נר ששבת.

We have also learnt two amazing lessons in positivity, the one regarding how we view opposing halachik views as both coming from a place of righteousness, and the other regarding the benefits of using non verbal communication to resolve disputes.

As usual, counter examples to both the above could be found, but we shall focus on this angle for purposes of this post.

Eruvin 69-71  The Lomdus of “Bittul Reshus”

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Eruvin 69-71  The Lomdus of “Bittul Reshus”

 
The main theme of this daf relates to the concept of  בטול רשות  and how and when it applies.
We have mentioned before that the mechanism of choice for multiple inhabitants of one courtyard is to make an עירוב חצרות  whereby food is set aside on behalf of everyone in one of the houses, symbolically “joining” them all into residents of the same domain.
This is of course a symbolic mechanism which does not in any way affect the actual ownership of the houses and shared courtyards, and serves merely as a reminder not to carry from a private domain to a public domain proper- something Chazal were concerned enough about to prohibit carrying from one private domain to another owned by different people in the absence of such an eruv.
This eruv can only be done before Shabbos, as doing it on Shabbos resembles מקח וממכר  (commercial activity.)
If one or more of the inhabitants did not participate in the eruv before shabbos, the eruv is essentially ineffective.
This is because although all those who participate in the eruv are considered as if they share each other’s houses as well as their share in the common courtyard, the courtyard is also owned by those who did not participate, and therefore subject to different ownership than the houses of the participants.
This means that no one can transfer items between their houses and the common courtyard or vice versa.
One solution available is the mechanism of בטול רשות , also referred to in the Mishna as נתינת רשות .
The relationship between these two phrases requires analysis in its own right-for one approach, see Rambam Pirush haMishnayos Eruvin 6/1, 6/3 and 6/4 who seems to understand that נתינת רשות sometimes refers to making the eruv and sometimes refers to בטול רשות.
Whereas the phrase בטול רשות  seems to indicate a one-way mechanism by which the owner removes himself from ownership, control, or some other connection to his share in the courtyard (or possibly also his house,) the phrase נתינת רשות seems to indicate a two-way mechanism similar to a gift where the owner “gives over” one of the above at least symbolically to the other inhabitants.
There is a debate between Beis Shamai and Beis Hillel as to whether this may be done on shabbos, and the Gemara explains that Beis Shamai view בטול  as a form of two-way transaction whereby the non-participants  give over their “authority” over the courtyard to the participants, effectively leaving the courtyard owned in its entirety by the participants and making the eruv effective.
Seeing as such transactions are forbidden on shabbos, it may not be performed on shabbos.
In contrast, Beis Hillel view this as simply  סלוק (removing oneself from authority), a one-way mechanism that achieves the goal of making the courtyard owned solely by the participants due to his share being irrelevant, rather than owned by them.
Such an arrangement is permitted on shabbos, and at first glance, it might appear to be a form of הפקר- declaring one’s property to be ownerless- once his share of the courtyard is ownerless, the others remain its sole owners and their eruv is valid/
However, there are limitations that apply to the rules of הפקר  that do not seem to apply here.
For example:
i.                    Hefker needs to be declared in front of three people )Nedarim 45a), yet one person can be מבטל רשות to 2 people, and there is no indication here that someone else needs to be present (Tosfos deals with this issue in Pesachim 4b)
ii.                  According to the view that one needs to be מבטל רשות to each one of the people who were included in the eruv, simply making one’s share הפקר is clearly not enough
iii.                Hefker removes all legal connection between oneself and the object, to the point that anyone else can perform a קנין  (transactional act) on it and acquire it. In addition, the person who declared it הפקר  would need to perform an official קנין  in order to reaquire it- doing so in one’s mind would not do the trick. In this case, there does not appear to be any ability on the part of those who benefit from this בטול to take legal ownership of the property, but the benefit is limited to symbolic permission to carry within the area “as if” they owned it. Furthermore, it does not seem that a legally valid קנין needs to be made by the original owner in order to cancel this בטול.
iv.                It is not at all clear that declaring something הפקר  on shabbos is permitted, as the Ramban points out (Pesachim 4a)- it could be included in the general prohibition of commerce.
 
The concept of בטול  can be found in various other areas of halacha, for example:
1.      בטול חמץ  – one is required to declare any chametz left in one’s possession before midday on erev pesach “nullified like the dust of the earth.”
According to Rashi (Pesachim 4b,) this seems to be a way of fulfilling the mitzva of תשביתו  (removing chametz from one’s possession) and Tosfos seem to understand that it is a form of הפקר that creates a situation where that mitzva is simply not relevant anymore
 
2.      בטול ע”ז – an item of idolatry may become permitted if it is nullified by the idol-worshipper- this can done by breaking part of it, possibly a sign of its lack of importance to the owner (see A.Z. 52b.)
 
Though all 3 usages of this phrase seem to share in common the idea that one is declaring or showing that the item is no longer of importance to him, there is no need to assume that the “lomdus” (logical mechanism) in all three is similar. It is very possible that בטול חמץ  is a real form of הפקר  which בטול עבודה זרה  is certainly not, and that בטול רשות  is something completely different.
After all the phrase בטול  is also used regarding  בטול תורה  (wasting time when Torah could have been studied,) בטול עשה and   (avoiding performing a positive mitzva,)  בטול and none of them have anything to do with הפקר or ownership.
More specifically, whereas בטול חמץ  and בטול עבודה זרה  seem to work on a biblical level to avoid the prohibitions of owning chametz on pesach or an item of idolatry, בטול רשות  is a rabbinical measure which might simply be meant to have a similar symbolic effect  to that of the eruv.
However, there are views in the Rishonim, principally that of the Ramban (Pesachim 4b,) who  seem (at least a first glance) to assume that all three work on a similar mechanism and thus attempt to leave הפקר  out of the discussion altogether.
Although a thorough analysis of the various views as to how these different instances of בטול  work is still required, it is clear that whatever explanation is offered will need to pass the test of the different rules Chazal prescribed for each of them, in the absence of some other “external” explanation for the rule in question. The topic is vast- I have barely scratched the surface of the many sugyas and mefarshim that relate to the topic.
 
 
These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.
 

Shabbos 130-131 Shabbos מכשירי מצוה ,Corona,and drawing the line

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Shabbos 130-131 Shabbos מכשירי מצוה ,Corona,and drawing the line
Our Daf starts a new Mishna and a new chapter, but it is connected to the last Mishna of the previous chapter which taught that all actions that form an essential part of the process of מילה  (circumcision,) may be performed on shabbos, when the bris is performed on time, namely on the 8’th day.
In this Mishna, Rabbi Eliezer, and Rabbi Akiva dispute to what extent this permission goes.
Rabbi Eliezer goes further than the previous mishna, and rules that not only may one perform all essential parts of the circumcision process, but also preparations for the process, such as bringing the knife through a public domain, or even cutting wood to burn into coals in order to burn the knife before use, if one did not do so before shabbos.
Rabbi Akiva, on the other hand, rules that any preparation that could have been done before shabbos, may not be done on shabbos, and only things which could not be done on shabbos, may be done on shabbos.
Rashi explains that Rabbi Akiva holds that only things that are directly part of the circumcision process may be done on shabbos, seeing as the process itself can only be done on shabbos, but things are preparatory to the process, known as מכשירי מילה , may not, seeing as they can be done before shabbos.
It seems from the way that Rabbi Akiva makes this distinction, that he limits  the definition of the circumcision process itself to things which can only be done on the day of the circumcision, and considers everything else to be in the category of מכשירי מילה  (preparation for the circumcision process), which is not permitted.
On Daf 131a, Rabbi Eliezer goes further and incredibly extends this permission to transgress shabbos in order to prepare for   most other  mitzvot that apply biblically on shabbos, such as lulav, matza, and shofar, though not for writing tefillin and mezuzot!
We have a similar debate regarding performing melacha for food purposes on Yom-Tov (Megila 7b)- The Tana Kama holds that that one may only do melachot that are part of the food preparation itself, such as slaughtering an animal or lighting a fire, but not to source or prepare objects needed for this process, such as sharpening a knife or chopping wood.
In contrast, Rabbi Yehuda holds that one may even perform מכשירי אוכל נפש, melachot need to prepare for the food-preparation process on Yom-Tov.
Unlike Rabbi Eliezer regarding מכשירי מילה, though, Rabbi Yehuda limits this leniency to preparations that could not be done before Yom-Tov.
Later in our perek (Shabbos 137b,) the Gemara indeed says that Rabbi Eliezer holds like Rabbi Yehuda but goes even further than him and permits even preparations that could not be done before-hand.
All these opinions based themselves on Pesukim, and it is not clear that the two debates are logically connected to one another but let us at least examine the possibility that these are indeed connected conceptually.
According to Rabbi Akiva regarding מילה and the Tana Kama regarding Yom-Tov, only things directly part of a normally forbidden action that has been permitted by the Torah, are included in the permission. According to Rabbi Eliezer regarding מילה   and Rabbi Yehuda regarding Yom-Tov, even preparatory actions for the permitted act are allowed.
How do we determine whether it is part of the action, or simply preparatory?
According to Rabbi Akiva, Things which can be done only on the day of the permitted action itself, are considered part of the action itself and permitted, whereas things that can be done the day before are not considered part of the action itself, but rather preparatory to the action, and may not be done.
Rabbi Eliezer either agrees that things that can be done before shabbos are not considered part of the action, but rather preparations, but permits preparations too, or holds that even preparations that can be done before shabbos are considered part of the permitted action and may thus be done.
Regarding yom-Tov, the debate seems somewhat different.
Both Chachamin and Rabbi Yehuda agree that actions  preparatory to the food production process  that could have been done before Yom-Tov  are not permitted, and both agree that things that could not be done before Yom-Tov, are considered preparatory and not part of the actual food production process.
Their argument is not about what is considered part of the actual process and what is only considered preparatory, but only about whether such preparations that can only be done on Yom-Tov are permitted on Yom Tov , and is based on how they interpret the pesukim in that context.
whatever we conclude, in both cases, we see that the more stringent opinions draw the line long before the more lenient opinions in terms of the scope of what the Torah permits.
This is not surprising, as if this were not done, one leniency could lead to another, and one could land up spending the whole shabbos or Yom-Tov doing melacha.
If we follow Rabbi Yehuda and permit מכישירי אוכל נפש that can only be done on shabbos, what is to stop us permitting מכשירין דמכשירין (preparations for preparations) or permitting מכשירין that can be done before shabbos?
Yet despite this concern, the view of Rabbi Yehuda was accepted on Yom-Tov, whereas the extreme leniency of Rabbi Eliezer on shabbos was not. (see relevant sugyos)
Once again this seems to be based primarily on his status as a שמותי, explained by Rashi to mean either of the school of Beit Shamai, which we do not follow, or someone in שמתא (excommunication,) due to his refusal to accept the majority view of Sanhedrin in the famous argument over the stove of Achnai (Bava Metzia 59b.)
Yet there are times that despite this, we do rule like Rabbi Eliezer, and perhaps there is also an underlying logical reason his view was rejected as well.
Perhaps, the slippery slope is indeed a factor here- if we go so far as to allow one to cut wood in order to burn coals in order  to  forge a knife, which he indeed permits, what is to stop us allowing a person to perform any melacha in order to get paid in order to buy the knife, effectively destroying the entire shabbos?
Even in matters of pikuach nefesh, and avoiding dangerous situations, we have seen that Chazal have drawn the line at certain points.
Where the chances of danger to life are negligible and there is no limit to how much melacha one can do to avoid such negligible chances (like running around killing wasps on shabbos,) Rav Huna places limits on pikuach nefesh (Shabbos 121b.)
When an everyday activity that involves a small risk has been accepted by society as a normal part of life (דשו בו רבים ), we have seen that such risks can become halachically acceptable- if we don’t draw a line somewhere, we would need to spend all day locked at home forever, and even that has its dangers(Shabbos 129b.)
Every leniency or stringency must be constantly balanced in order to prevent other key values from being unproportionally affected, and to prevent a slippery slope.
During the current Corona plague, we are constantly faced with the question of how far to go to contain it.
If we go to far, we can land up stopping normal living entirely and create even greater economic, social, educational, spiritual and psychological dangers.
If we do not go far enough, we risk countless deaths and the ultimate destruction of the health system and economy as well.
For example, when we give people space to go out as long as they keep a 2 meter distance between one another and wear masks, they decide that they do not need to wear masks if they keep a distance, or to keep a distance when they are wearing masks.
Some decide that neither precaution is necessary.
When we open schools with no distancing on condition that masks are worn, we land up relaxing the need for masks when the weather is too hot, and that causes the next wave of the plague.
The Torah always implores us to strike the right balance, and Chazal are tasked with working out exactly where and how it does so. We need to try and do our best to follow their example.