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

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.

Shabbos 108-109 Matters of hygiene, wasting semen, and cutting off hands

At the end of our daf, a Beraisa is brought quoting Rabbi Muna in the name of Rabbi Yehuda.
Amongst other things, Rabbi Yehuda is quoted as saying someone who touches his eye, nostrils, ears, mouth, sexual organ, an open vein (from bloodletting) or anal opening should have his hand chopped off.
The first question to ask is why Rabbi Yehuda takes this so seriously??!
It is immediately apparent that these are all examples of places where infection can easily enter the body, and it seems logical that this has something to do with the seriousness with which Chazal took hygiene.
Whereas Rashi explains that this is because the רוח רעה (the evil spirit) that is on the hands before washing in the morning , whatever that means, could damage these places, there is no need, at least in the context of this sugya, to assume that this is something supernatural- it could simply be invisible physical micro-organisms (a broader treatment of the usage of this term and that of מזיקין ושדים [harmful forces and demons] might reveals issues with such an interpretation, but that’s for another discussion.)
What is clear from Rashi is that this harsh statement is limited to before one has washed one’s hands.
It is not clear whether this ruling is meant to be taken literally- usually such statements are not, the rule of עין תחת עין (an eye for an eye) being the אב לכולם ( father of all such non literal punishments), and the frequency of such actions would also make it somewhat impractical, but we HAVE seen cases of such penalties literally being carried out!
The Gemara (Sanhedrin 58b) discusses a person who likes to hit people habitually.
Various opinions are given as to how to handle such a person, and Rav Huna opines that his hand should be chopped off, basing himself on the passuk (verse) וזרוע רימה תשבר (and a violent hand will be broken- Iyov 38/15.)
The Gemara proceeds to tell us that Rav Huna carried this out in practice with someone, and most of the Rishonim (early commentators) understand that he did this literally (note the Meiri who suggests that it might have been a monetary payment equivalent to the value of his hand!)
There is a debate between Rashi and Tosfos in that sugya as to what halachik basis Rav Huna had for such an action.
Rashi explains that this was an application of the courts right to impose a meta halachik punishment not actually mandated by the Torah, in order to stop a current danger to society (Sanhedrin 46a)- the passuk brought would thus be only an אסמכתא (in short, a relatively weak basis in the pesukim for what remains a non-biblical law- though this definition is subject to a discussion in its own right.)
This fits in with the rule we have discussed before (Bava Kama 2b) that we do not derive Torah laws from the rest of the Tanach.
Tosfos and Tosfos haRosh both suggest, based on another sugya (Niddah 13b) that Rav Huna held that this was actually the Torah law.
Although they admit that this is problematic in view of the principle cited above, an examination of at least part of the cited sugya in Niddah is now in place.
The Mishna (Niddah 13a) makes the cryptic statement that the more a woman checks herself with her hand to see that she is not a Niddah(menstruant), the more praiseworthy she is. In contrast, a man who does this to see that he is not impure, should have his hand cut off.
The Gemara asks why this is so serious, and answers that it is because it could cause someone to spill his seed in vain, which Chazal viewed as a serious prohibition.
The Gemara (Niddah 13b) asks whether this statement is meant to convey an actual law (דינא תנן) or a curse (לטותא תנן)
The Gemara then brings Rav Huna’s ruling regarding our bully as an example where such language is actually a law, not just a curse.
Although they admit the difficulty poised by the rule of דברי תורה מדברי קבלה לא ילפינן, Tosfos and Tosfos haRosh both argue that this wording implies that according to Rav Huna, this is an actual law, at least in the case of the bully, not an example of an extra judicial punishment by the court.
Now that we have mentioned this sugya, we can return to our sugya and ask why the prohibition of touching one’s sexual organ is grouped together with all the other body parts which should not be touched for health reasons- surely the reason mentioned in Niddah puts it in its own category?
One could argue that health is treated more stringently than prohibition (חמירא סכנתא מאיסורא ) , and that in our sugya which is dealing with touching body cavities WITHOUT washing hands first, this reason was given priority.
However, it needs to be noted that some rather extreme measures were suggested by various Tannaim to avoid the prohibition of wasting seed .
These include seemingly crazy suggestions such as leaving a thorn in one’s flesh, or urinating without holding one’s sexual ,(please discuss this with a serious and down to earth Talmid Chacham before putting into practice- they are usually not be taken at face value) it is hard to say that simple hygiene which so many people are lax about would be more important to Rabbi Yehuda than this consideration.
Perhaps this concern is what pushes Rashi to say that in his opinion, the prohibition of touching one’s sexual organ on our daf is not because of רוח רעה, but because of the concern for spilling semen in vain.
Other Rishonim who hold like Rashi’s initial suggestion might not rule like these extreme opinions- there is indeed some debate amongst Chazal around them, but that requires further analysis.
There is much to discuss on all these topics, and we shall have further opportunity to do this, Hashem willing, but I believe that in the context of the above discussion, a number of things can be argued:

  1. Whether the concern of Rabbi Yehuda was because of some sort of supernatural dangerous force or simple hygiene, it is clear that washing one’s hands before touching parts of the body that are conduits for infection is to be taken extremely seriously.
  2. Although extremely harsh and barbaric punishments such as cutting off people’s hands are certainly not meant to be the norm, Chazal were certainly open to any methods necessary to save society from chaos and anarchy.
  3. There is much to discuss regarding the nature, scope, and reasons for the prohibition of intentionally spilling seed in vain.
    For example, is the desire on the part of a married couple for non vaginal sex, a single male’s overpowering desire to masturbate occasionally for sexual release, fertility testing and treatment, or sex with a condom when needed , really considered spilling seed “in vain?”

Some Rishonim |(See Tosfos, Yevamos 34b and Rambam, introduction to 7’th chapter of Mishnayos Sanhedrin for example) certainly appear to limit the scope of the severe prohibition somewhat (for a future analysis, Hashem willing.)

However, it seems clear from this sugya (at least according to Rashi) and the sugya in Niddah, as well as other sources which we should get to discuss soon, Hashem willing, that even basic needs such as urinating , thorn removal, and checking oneself might be affected by concern for this prohibition ( at least according to certain Tannaim), a point raised by Rav Moshe Feinstein zt’l in a Teshuva )Even haEzer 1/63.)

This does seem to prove that the definition of “in vain” and its severity is somewhat broader than what some interpret the above Rishonim to mean.

One could attempt to counter Rav Moshe’s proof, and I have a possible idea of how to do so, but who wants to take on Rav Moshe….

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.