Tag Archives: muktza

Eruvin 104 Soccer on Shabbos and when a גזירה’s reason doesn’t apply

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One of the more contentious issues in many communities today is the question of children, teens, and even adults  playing  sports on Shabbos.

On the one hand, many argue that not only does this practise not confirm with the required atmosphere for the holiest day of the week, it also involves many other halachik problems.

On the other hand, most of these points could be arguable, and there is a strong argument that for many, they can certainly enhance their “oneg shabbos” , itself a major mitzva.

Some of the issues raised against playing games like soccer even in a private domain, are:

  1. Running itself is prohibited on shabbos. (see Shabbos 113a)
  2. The game is not in keeping with the spirit of shabbos and could even be in the category of forbidden weekday activities (see Peninei Halacha Shabbos 24/9 based on Rav A.I. Kook)
  3. Running on long  grass is problematic as one might come to uproot the grass while doing so, itself a forbidden melacha on shabbos. (see M.B. 336/25)
  4. Playing with a ball along the ground is prohibited on shabbos. (see M.B. 308/158)
  5. A ball is muktza (see S.A. O.C. 308/45)
  6. There is  a Midrash (Eichah Rabba parsha 2, possibly also referenced in the Yerushalmi  Taanis 4/5 ) that blames the destruction of the city טור שמעון on the fact that they played with balls on shabbos.

We saw in a recent post (see Eruvin 100)  that although walking in a rushed manner and running on shabbos are forbidden due to the passuk in Yeshaya forbidding weekday activities, in particular walking in a weekday rushed manner, running for the sake of a mitzva is permitted, as is running for “oneg shabbos” or even to get to an activity from which one will get “oneg shabbos.”

As such, the first 2 points seem less problematic, and although some have argued that given its nature as a commercial sport, soccer might be different to running and still be considered a weekday activity (Pninei halacha based on Rav A.Y. Kook ), this argument seems rather subject to debate, given that  both running and all sports are popular both privately and commercially.

In fact, given one’s busy school or work schedule during the week, they are actually far more popular on weekends than on “weekdays” and singling out sports like soccer as being particularly commercial in nature when it is a game played casually by young people in their backyards in most places in the world seems somewhat subjective.

We saw in that post that there is no issue with walking on grass on shabbos, even on long grass, and even with shoes with nails in them, due to the principle of דבר שאין מתכוין מותר.

We also saw that although the Mishna Berura forbids running on long grass and consider it פסיק  רישיה, this does not apply on short grass, and the Aruch haShulchan disagrees strongly and permits running on short grass as well- we also  analyzed the basis for this disagreement in classical sources.

Even on long grass according to the Mishna Berura, this would at worst only be rabbinically prohibited as פסיק רישיה דלא ניחה ליה  , seeing as one derives no benefit from any grass uprooted during the game.

The fifth point is a sugya in its own right, and needs to be dealt with separately, but the Rema (O.C. 308/45) rules that this is not an issue in any case, and the sixth point is aggadic material which needs to be understood but is not necessarily halachically relevant. Indeed, it is not mentioned by most Rishonim and Achronim at all ( see though Aruch haShulchan O.C. 38/70  who does bring it into the discussion.)

For the purposes of this post, I would like to focus  on point 4, which is based on a discussion on this very daf.

The Gemara has been discussing the prohibition of השמעת קול, making sounds with objects (as opposed to the voice) on shabbos, which is rabbinically forbidden in case on comes to fix a musical instrument.

The Gemara has been entertaining the later rejected  possibility that not only קול של שיר, the kind of sounds that accompany song are forbidden, but even other sounds, such as knocking on the door, making noise to wake someone up ,clapping hands to scare away birds, or drawing water with a wheel-run device are also forbidden.

One of the attempted proofs the Gemara brings is from a ruling of Rav quoted by Rav Yehuda that women who are accustomed to play with hazel-nuts  (rolling them like marbles, which Rashi explains was a common pastime for ladies) may not do so on Shabbos.

The Gemara at first assumed that this is because of the sounds they make and that this ruling is proof that even non song-related noises are forbidden.

It rejects this proof by explaining that the reason for this rabbinical prohibition is completely different, and is due to the concern that they might fill-in any holes in the courtyard ground that get in the way of the game (where the hazelnuts could be trapped.)

This could involve the melacha of building (indoors or perhaps in  courtyard) or ploughing (outdoors.)

It brings further evidence that this must be the reason from the fact that Rav Yehuda also forbade rolling apples along the ground, though they do not make noticeable sounds like hazel nuts.

However, it is very possible that this decree is limited to

  1. Women who play this game commonly, and not others for whom the concern is not so common
  2. Hazelnuts and apples which are relatively small and easily trappable in small to medium sized holes in the ground, and not larger spherical   objects such as a melon or a modern-day soccer balls (I am using this term for the sake of clarity although it is not a precisely accurate description for these items.)
  3. Situations and/or times where the ground used is usually already smooth and/or it is not common for players to smooth the ground out before or while playing.

Due to points 2-3, playing soccer is clearly rather removed from the decree that formed the basis for Rav’s ruling, and applying this prohibition thus seems to be quite a stretch.

Although one might argue from the case of the apples that the decree was not limited to small spheres such a hazel-nuts but included round items of all sizes, it is just as likely that it included items as large as apples, but not significantly larger, as argued in point 2 above

The issue raised in point 3 requires much analysis:

There is a general rule of אין בית דין יכול לבטל דברי בית-דין חבירו אלא אם כן גדול ממנו בחכמה ובמנין  – one court may not annul the words of an earlier court unless it is greater than it in wisdom and numbers  (Megila  2a ) .

 This and the related rules of

  1. 1.        כל דבר שבמנין צריך מנין אחר להתירו  (Beitza 5a-anything voted as forbidden by a court/group of authorities  requires another vote to permit it)

AND

  •  לא פלוג רבנן (B.M 52a-the Rabbis do not differentiate between different cases in their decrees but rather make blanket rules )

seem to preclude annulling a decree such as this just because the concern of smoothing out holes does not apply commonly in a friendly soccer game.

Yet, there are various times where Tosfos argues that decrees do not apply in our day precisely because the reason for the decree is not relevant in our day.

For example, they argue that the prohibition of clapping, banging, and dancing even to song does not apply in our time because we are not expert in making/fixing musical instruments anymore and there is no concern one would do so (Beitza 30a ד”ה “תנן” )

They also argue that

  1.  the  prohibition of drinking מים מגולים  did not apply in their time as snakes were not common )Beitza 6a)
  2.  a bird used for children’s entertainment might not be muktza (Shabbos 45b),
  3.   the prohibition of entering into a partnership with idol-worshippers did not apply in his day seeing as the concern that they would make one swear by their idols was not relevant )Sanhedrin 63b ד”ה “אסור”, though the exact point Tosfos is making there is subject to much debate)

Whereas the question as to how the Tosfos are able to do this despite the principles quoted above requires a serious analysis, and one commonly suggested explanation is that they are not suggesting that the decree no longer applies but that the circumstances at hand are SO clearly different to those under which the decree was made that they were never included by Chazal in the decree in the first place.

While even this less controversial explanation of the approach of the Tosfos might not be accepted by many other Rishonim, there appears to be some precedent for it on our very daf.

One of the things that our Mishna permitted in the Mikdash as part of the long list of rabbinic prohibitions mentioned in our perek that do not apply there, was drawing water from certain pits with a wheel.

The implication of the Mishna is that this would be forbidden rabbinically  outside the Mikdash , and after suggesting that this is due to the prohibition against making sounds, the Gemara answered that it is out of concern that one might come to draw water to water his garden or ruin.

Despite this, the later Amora Ameimar permitted drawing water in such a way in the town of Mechoza, because there were no gardens or ruins there, until he saw that they used it for other forbidden purposes, such as soaking flax.

This seems to indicate that a later authority  (Ameimar) may permit something forbidden by an earlier authority (in this case none other than a Mishna) because the circumstances under which the decree was made do not exist.

The approach of the Tosfos thus seems clearly anchored in precedent, and even in the unlikely scenario that the decree against playing with hazelnuts and apples on a rough surface extended to larger spheres on a smooth surface, in a time and place where it is not common to play soccer on surfaces one would need to smooth during the game or directly before, there would still be reason to argue that such far-removed circumstances were never included in the decree in the first place.

Given the multiple reasons for leniency mentioned above and the fact that we are dealing with at most a rabbinical prohibition, forbidding soccer for reasons of this decree thus seems to be a rather stringent approach to the question.

We can also add to this the fact that the Tosfos on our daf say that even in the circumstances described on our daf with hazelnuts and apples, we should not protest and women and children who do this due to the principle of מוטב שיהיו שוגגין ואל יהיו מזידין , and there is strong argument that this principle also applies to teenage boys and other males who are also unlikely to listen.

At the end of the day, there are certainly worse things that kids could be up to these days, and although there might be other halachik, ideological, and policy issues that need to be taken into account before permitting it, this particular concern certainly doesn’t seem like cause for a major confrontation with them.

Having said this, achieving some balance is important- Given that Shabbos and Yom-Tov are supposed to  be special opportunities for spiritual pursuits such as davening, learning Torah, singing songs of praise, and strengthening the family, and not just for physical enjoyment, it seems clear that if these essential aspects of shabbos are replaced chas veshalom by sporting activities, this is a serious lack of כבוד שבת and is certainly forbidden.

As such, even if we permit  (or turn a blind eye to) kids playing sports during the afternoon while adults would usually be resting, it is essential to gently encourage and educate them to be a full part of the shabbos experience, both in shul and at home.

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

Eruvin 101-102 bolting the door, minhag, and the new Rav in town

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In our earlier post on Eruvin 74-75, we discussed the situation where a community had received a lenient ruling which it followed and was later given a more stringent ruling by a new authority.

We noted the ruling of the Rema that a new Rav may indeed repeal the lenient ruling of a previous Rav, and that this might also apply to repealing an earlier stringent ruling.

The later might be more problematic, given the general rule (Pesachim 51a ) that דברים המותרים ואחרים נהגו בהם אסור אי אתה רשאי להתירן לפניהם  – things that are permitted but others were accustomed to forbid, one is not permitted to permit in front of them.

If this is the case for a stringency that a community took on by itself, how much more so should it be the case for something which they took on because of a ruling from their previous Rav!

In our Misha at the bottom of Eruvin 101, there is an explicit reference to a similar situation where Rabbis repealed existing lenient or stringent practices, though it is not clear whether the original practise was based on an earlier ruling of a Torah scholar, or simply developed over time.

The mishna continues to discuss actions that might resemble the מלאכה  of building on shabbos, including inserting a bolt whose one head is large enough to use to pound food (and thus considered a useful vessel already ) into a door in order to lock it (I have followed Rashi’s explanation here for the sake of brevity but this is a complex discussion in the Rishonim in its own right.)

The  Gemara later makes clear that if the bolt is already permanently connected to the door and is easily moved without the rope breaking (see Rashi and other Rishonim who give different explanations) even Rabbi Eliezer permits locking the door with it, as doing so no longer resembles building.

In contrast, if it was already connected to the door, but cannot be moved without the rope breaking (once again following Rashi’s explanation) , Rabbi Eliezer forbids doing so, seeing as it is not properly connected already, whereas Rabbi Yossi permits, seeing as it already has the features of a useful כלי and doing so does not resemble building.

The Ritva explains that this is because a person does not usually permanently set aside a useful כלי  as a bolt and it is clear to all that this is only a temporary fix and not an act of building .

Fascinatingly, both Rabbi Eliezer and Rabbi Yossi bring support for their view from an incident in the shul in Teverya.

Rabbi Eliezer reported that the original custom in that shul was to lock the door with such a bolt, and when Rabban Gamliel and the elders came, they forbade it.

In contrast, Rabbi Yossi accounts that the original custom had been not to do so, and that when Rabban Gamliel and the elders came, they permitted it!

Although they do not appear bothered at all by the fact that according to Rabbi Eliezer, Rabban Gamliel and the elders forbade something against the existing custom to permit it, Tosfos are bothered by how according to Rabbi Yossi, they permitted something against the existing custom to forbid it.

This is because , as mentioned above, we have learnt (Pesachim 51a) that if something is permitted but others have treated it as forbidden, it is forbidden to permit it in front of them.

Seeing as the member of that shul were long accustomed to prohibiting this, how could Rabban Gamliel and the elders come and permit it?

Their answer could have  far-reaching ramifications for the authority of minhagim in general, and we shall hopefully get the chance soon again in Pesachim to discuss this issue in more detail.

For our purposes, we shall note that Tosfos distinguishes between a custom which people took on because they mistakenly believed something was actually forbidden, and a custom which people took on as an extra chumra despite knowing that it was actually permitted.

In the former case, their minhag was taken on due to error, and one may certainly permit it to them.

In the later case, no error was involved, and one may not later permit it.

Tosfos understands that according to Rabbi Yosi, the members of the shul refrained from locking the door with such a bolt because they mistakenly believed it was forbidden, and Rabban Gamliel and the elders were well within their rights to correct their error and permit it!

What is still unclear is what the reason was for their initial error? Was it simply ignorance on their part, or was it because another Rabbi had mistakenly (at least in the view of the later Rabbi) told them that it was forbidden (as Rabbi Eliezer indeed held?)

If the later is true, it would solve our original problem of how a new Rabbi can permit something forbidden by the previous Rabbi if in his view, the previous Rabbi was wrong.

It is also possible, however, that seeing as the community was doing the right thing by following their Rabbi at the time, their stringent practise cannot be seen as an error, and in such a case, the new Rabbi may not permit it.

The role of rabbinic authority in the acceptance of minhagim is itself worthy of much discussion, and as mentioned, I hope to continue this when we reach the relevant sugya in Pesachim, Hashem willing!

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

Mazal Tov! Shabbos 157 The great finale, and back to מלאכת מחשבת

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It would probably to wrong to expect a masechet of this nature to end with some “lighter” material, and true to expectation, Maseches Shabbos is a marathon from beginning to end.

On the concluding daf of this epic tractate, we went back to discussing the complex topic of Muktza, focusing on the dispute between Rabbi Yehuda and Rabbi Shimon regarding whether certain forms of muktza are prohibited on shabbos at all.

We meet exotic types of muktza again, such as מוקצה מחמת חסרון כיס , which even Rabbi Shimon forbids, and which we have already learned may not even be moved if needed for a permitted purpose or for the space it is occupying.

We see that the Amoraim appear to be split down the middle regarding whether to follow Rabbi Shimon or Rabbi Yehuda, with Ula, Rav, and Levi following Rabbi Yehuda, and Shmuel, Zeiri, and Rabbi Yochanan following Rabbi Shimon.

As if this is not enough to pack into the last daf, we learn about annulment of vows on shabbos and in general, and revisit other hot topics we have discussed, such as blocking windows and טומאה.

A final חדוש of the Mishna is that it is permitted, at least under certain circumstances to measure things on shabbos.

Although measuring is usually forbidden on Shabbos or Yom Tov as a form of weekday activity (see Beitza 28a,) our Mishna explicitly permits measuring a cloth to see if it is large enough to become impure, as well as measuring a mikveh to see if the water has the minimum required depth.

At the end of the Mishna, we are told that “from their words, we learnt that we may block, measure, and tie on shabbos.”

Although there is no stipulation in this final sentence that this must be for the sake of a mitzva such as mikva, we will see later that the Gemara understood it precisely in that limited way.

It seems, however that Chazal could not have found a better way to end off though, by bringing in once again the most important concept in Shabbos law- the rule of מלאכת מחשבת.

The Gemara ends with a story where Ula was visiting the house of the exilarch. He saw Rabbah bar Rav Huna sitting inside a bathtub full of water and measuring it while inside.

Shocked, Ullah asked him how he could be measuring on shabbos!

Even though the Mishna permitted measuring on shabbos for the sake of various mitzvot, we do not see that it gave a blanket permission to do so in the absence of a mitzva.

(Why he was not bothered by him being in a bathtub on shabbos was the topic of an earlier post too!)

Rabbah bar Rav Huna responded that he was simply being מתעסק בעלמא (literally busying himself.)

Rashi explains that he was not doing it for any specific need but just to keep himself busy.

We have seen the term מתעסק a few times in this Masechta, and it always refers to performing an action unintentionally in some way.

Performing an action intentionally “just to keep busy” but with no specific need in mind is certainly not the normal use of the word in this masechta, and the masechta has certainly left us with some unexpected homework!

I guess we going to have to come back to Shabbos one day…

הדרן עליך מסכת שבת ודעתן עליך

Shabbos 141-142: טלטול מן הצד- moving Muktza items indirectly and the panic button on the key chain

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We have learnt elsewhere in the masechta that it is permitted to move certain types of muktza when one needs them for a permitted purpose, or where the place they occupy is needed for a permitted purpose.

The focus on these daf is how to move Muktza items when neither of those leniencies applies.

This discussion focusses around whether טלטול מן הצד שמיה טלטול, in other words, whether handling something indirectly is considered handling as far as the prohibition of handling Muktza is concerned.

The Mishna on 141b discusses a bed with straw on it that was intended as fuel for a fire.

A person now wishes to move the straw so he can lie on it, but seeing as the straw was not designated as a כלי, the leniency to move a כלי שמלאכתו לאסור for a permitted use or the place it occupies, does not apply.

The Mishna rules that one may not move it with one’s hands, but may move it with one’s body, such as with one’s shoulders.

Rashi explains that this is considered טלטול מן הצד, indirect handling, which is not considered טלטול as far as the laws of Muktza are concerned.

The Gemara brings a related ruling of Rav Nachman regarding a radish buried in the ground.

It was common practise to take whole, harvested vegetables, such as radishes, and bury them in the sand to preserve them during the dry summer.

Rav Nachman rules that if the raddish has been buried with its narrow top facing down, one may pull it out by its wider bottom, seeing as one will not be displacing any sand while doing so.

On the other hand, if the raddish was buried with its wider bottom facing down, one may not pull it out by its narrower top, seeing as it will be moving sand out of the way, which is Muktza.

The Gemara questions this ruling based on our Mishna.

Seeing as the person is not moving the sand directly, but it simply pulling out the vegetable, this

Should be considered טלטול מן הצד and should be permitted, as with the straw in the Mishna.

In light of the above, the Gemara concludes that the halacha is not like Rav Nachman and that this is permitted even if sand is moved out of the way while pulling out the vegetable.

We have various other examples of this leniency in the first few mishnayos of the new chapter on Dapim 141-142.

The Mishna rules that a person may carry a child with a stone in his hand, even though the stone is Muktza, in an enclosed courtyard (see Rashi) – this also seems to be an example of indirectly handling the Muktza stone while moving something that is not Muktza (the child.)

On Daf 142b, the Mishna permits one to tilt a barrel of wine over in order that a stone sitting on top of it will fall down, yet another such example.

Back on Daf 43a, there is a dispute regarding what to do with a corpse that ls lying out in the sun on Shabbos, given that it is Muktza

We should recall that moving a Muktza item for its own protection (מחמה לצל) is not usually an acceptable reason for moving Muktza items- yet human dignity also dictates that something must be done to prevent the corpse from rotting.

Rav Yehuda in the name of Shmuel rules that it may be rolled from bed to bed, seeing as this is indirect handling, and thus permitted.

Rav Chanina bar Salmai in the name of Rav, on the other hand does not allow this, and suggests an alternative solution.

It seems to follow that unlike Shmuel who permits טלטול מן הצד, Rav forbids it.

The Gemara brings a מחלוקת תנאים (tannaic dispute) regarding whether one may move a corpse on shabbos in order to save it from burning in a fire- the Tana Kama forbids it, whereas Rabbi Yehuda ben Lakish permits it.

It suggests that this is also a dispute regarding whether טלטול מן הצד is permitted or not, but rejects this suggestion, and says that both Tannaim could hold that טלטול מן הצד is usually forbidden, but that Rabbi Yehuda ben Lakish made an exception for a corpse so that the relatives don’t come to extinguish the fire instead.

It seems from this that the Gemara has concluded that טלטול מן הצד is forbidden.

Furthermore, even if the gemara was simply giving an alternative explanation of the tannaic dispute, but not completely rejecting the possibility that they could be arguing about טלטול מן הצד, there is still clearly a dispute about it, and Rav appears to forbid it- the halacha usually follows Rav in disputes against Shmuel in everyday halacha.

Tosfos raises an even larger difficulty that this places Rav in contradiction with himself, as on our daf (141,) it is the house of Rav that proves from the Mishna that טלטול מן הצד is permitted!

When examining these cases carefully, one can see that although they have much in common, there are also some differences:

  1. In the case of the straw, the straw is moved in an unusual way, namely with one’s shoulder rather than one’s hand, but not in the course of moving a non Muktza item it is attached to.

In the case of the child and the barrel of wine, the stone is moved indirectly, in the course of moving a non muktza entity(the child or barrel)

In the case of corpse, it is not clear what type of טלטול מן הצד is employed, moving it directly with an unusual part of the body, or moving it with a bed.

  1. In the case of the child and barrel of wine, one’s intention is to move the child or access the wine in the barrel, not to move the muktza item (the stone,) which is simply moved as a secondary effect of moving the non muktza entity.

In the case of the corpse, the intention is to move the muktza item itself, namely the corpse.

In the case of the straw, it is not completely clear whether one is moving the Muktza item (the straw) in order to make it spread out evenly and be comfortable to lie on, or whether one is moving it out of the way so he can sleep on the non Muktza item(the straw)

It is interesting that Rashi on Daf 43b defines טלטול מן הצד as כלאחר יד, a back-handed manner, the term normally used for performing a forbidden action with a שנוי (in an unusual manner.)

This would make this leniency an extension of the exemption from punishment for performing a forbidden melacha in an unusual manner, going a step further and permitting it completely when it comes to handling Muktza items in a רשות היחיד (private domain,) which is only rabbinically prohibited.

It would still be a חדוש as we do not generally permit a שבות דשבות (something forbidden only rabbinically for 2 independent reasons) for any reason whatsoever, but just for the sake of a mitzva (like bris milah), and even there, the scope of the leniency is subject to debate- see earlier posts on שבות דשבות.

Back to the contradiction in sugyos and the opinion of Rav, the Baalei Tosfos and the Rosh both suggest that there is a difference whether the טלטול מן הצד is performed for the sake of the Muktza item, or for the sake of the non Muktza item.

In the case of the corpse, it is performed in order to bring it into shade, namely for the sake of the Muktza item, and is thus forbidden according to Rav.

In the cases on our dapim, it is done for the sake of the non Muktza entities, ie the bed, the child, or the barrel, and is thus permitted.

This distinction seems to based on the assumption that in the case of the straw, one is moving the straw for the sake of the bed, not in order to make the straw more comfortable to lay down on, a point noted by Rabbeinu Yona and the Rosh.

Although there are different approaches in the Rishonim as to the definition and scope of טלטול מן הצד , the distinction made by the Tosfos forms the basis for the generally accepted halacha that it is permitted to move a Muktza object together with a non Muktza object, only if one is doing so for the sake of the non Muktza object, and not if one is doing so for the sake of the Muktza object.

In some countries where violent crime is unfortunately common, it is common for people to have panic buttons that link to a security company when pushed.

These buttons are often put on one’s keyring together with one’s keys.

Assuming that the panic button is muktza, and that the danger is not at the level that constitutes pikuach nefesh (neither which should be assumed,) would it be permitted to carry the key-chain around inside an Eruv even though one is inevitably moving the panic button with it?

It seems from the above as seeing that it is impossible to remove the panic button without handling it directly by simply shaking it off, this should be a classic example of handling a muktza item (the panic button) indirectly while directly handling a non muktza item that one needs (the key.)

As such, it should be permitted even if the button is indeed muktza and the criteria of pikuach nefesh do not apply.

Obviously, if there is indeed no concern for pikuach nefesh while going out, it would be better to remove the button before shabbos, and seeing that there is a strong argument for pikuach nefesh in any case, this leniency might be rather spurious.

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.