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Shabbos 40

***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg and the parenthetical marginal notes of the Vilna Shas. This section is devoted to any *OTHER* changes that we feel ought to be made in Gemara, Rashi or Tosfos.)

[1] Gemara 40a [line 7]:
"Chamin she'Huchamu me'Erev Shabbos"
Source: Shabbos 39b

[2] Gemara 40a [line 32]:
The words "Amar *Rav* Yehudah, Ma'aseh b'Merchatz Shel Benei Berak"
should be "Amar *Rebbi* Yehudah, Ma'aseh b'Merchatz Shel Benei Berak"
(This is the way it appears in the older prints of the Shas. This is also
evident from Tosfos DH Ela)

[3] Gemara 40a [line 33]:
"she'Pakeku Nekavav *me'Erev Yom Tov*"
It seems that Rashi (DH Rochetz and DH Mechupin) and Tosfos (DH l'Motza'ei
and 39b DH u'Beis Hillel) were not Gores "me'Erev Yom Tov," rather
*miba'Erev*, as the Ritva and Shabbos Shel Mi point out (Maharshal
struggled to explain the words of Tosfos unnecessarily).

[4] Gemara 40b [line 8]:
It would appear that the words "Al *Benei* Mei'ayim"
should be "Al *Gabei* Mei'ayim" (as brought in Rashi)

1) [line 26] MATILIN MI'BEGED L'VEGED - it is permissible to remove Tzitzis from an old Talis and put them on a new Talis

2) [line 26] MADLIKIN MI'NER L'NER
It is permissible to light one Chanukah light from another. This is the lenient opinion quoted on Daf 22a, in the name of Shmuel. Rav prohibits lighting one Chanukah light from another. One reason given for Rav's opinion is because of Bizui Mitzvah (disrespect for the Mitzvah,) since the person transfers the flame with a stick that is not part of the Mitzvah. The second reason given is Akchushei Mitzvah (diminishing the Mitzvah,) by taking away some of the oil. It also appears as if he is taking away some of the light.

(a) An act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which may result in a Melachah being inadvertently performed, it is called a Davar she'Eino Miskavein. The example brought in our Gemara is dragging a bench or chair on soft ground, where a furrow may possibly be created while dragging. (Digging a furrow is included in the Melachah of Choresh, plowing). Rebbi Yehudah prohibits performing such an action, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. Rebbi Shimon therefore permits a person to drag a bench across a dirt floor as long as he does not intend to make a furrow.

(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that a furrow will be created (i.e., a Melachah will be done). If it is inevitable for a furrow to be created, the act is prohibited even according to Rebbi Shimon -- even though the person dragging the bench is not the least bit interested in the furrow, and does not intend to create it. Such a situation, in which a Melachah will inevitably be accomplished, is referred to as "Pesik Reisha v'Lo Yamus."

(c) A person must have specific *intent* to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban. Therefore, if a person drags a bench and a furrow *does* result, even Rebbi Yehudah will agree that the person who dragged it is not obligated to bring a Korban, since the furrow was created accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted *in the first place* to perform an action that may result in a Melachah.

4) [line 29] MERCHATZ SHE'PAKEKU NEKAVAV - a bathhouse in which: (a) its vents were stopped up so that the heat should not escape (RASHI, 1st explanation);
(b) the holes in the floorboards through which the steam rises were stopped up (RASHI, 2nd explanation);
(c) the holes from which hot water enters the bathhouse were stopped up (RASH to Kelim 28:2)

5) [line 31] MEZI'A - sweats
6) [line 31] BAYIS HA'CHITZON - the outer room
7) [line 32] BENEI BERAK - a town in Eretz Yisrael, in which Rebbi Akiva lived
8) [line 35] MECHUPIN BI'NESARIM - covered with boards
9) [line 38] AMBATYA'OS SHEL KERAKIN - large bathhouses that are in big cities
10) [line 39] METAYEL BAHEN - one may walk through them as long as one does not have intent to use them as a sauna

11) [line 42] BALANIM - bathhouse attendants
12) [line 42] L'HACHEM - to heat up [water]
13) [line 46] CHAMEI TEVERYAH - water from the hot springs of Tiberias
14) [line 49] ZEI'AH BI'MKOMAH OMEDES - the decree prohibiting sweating remained in force

15) [last line] SHARI L'MIKREI LEI AVARYANA - it is permitted to call him a transgressor


16a) [line 2] KERAKIN - big cities
b) [line 3] KEFARIM - villages
17) [line 3] ZUTRIN - the bathhouses are small
18) [line 3] NAFISH HEVLAIHU - they are very hot
19) [line 4] KENEGED HA'MEDURAH - opposite (facing) a large fire
*20*) [line 5] MISHTATEF B'TZONEN - (This Beraisa holds like Rebbi Yehudah above, Daf 39b, who permits a person to *rinse* himself only with cold water and not with hot water)

21) [line 6] MAFSHIR MAYIM - [the bonfire] warms the water
22) [line 7] MEICHAM ADAM ALONTIS - a person may warm a towel (O.F. tevale)
23) [line 8] AL BENEI ME'AYIM - on his stomach
24) [line 9] KUMKUMOS - a kettle
25) [line 13] TAFIG TZINASAN - their coldness should go away
26) [line 15] SHE'YIPASHER - that it should become warm

27) [line 21] YAD SOLEDES BO
The Melachah of Bishul (cooking) is transgressed whether one cooks, roasts, fries or bakes food. As long as one prepares the food for eating by using fire or the like, he transgresses this prohibition. The temperature required for the Melachah of Bishul is, in general, Yad Soledes Bo (the temperature at which the hand recoils in anticipation of pain.) This is not less than 45 degrees Celsius, or 113 degrees Fahrenheit. (Shemiras Shabbos k'Hilchasah 1:1)

28) [line 22] SHEMEN, EIN BO MISHUM BISHUL - if a person heats up oil even to Yad Soles Bo, he has not violated the prohibition against cooking

A person who warms oil even to a temperature less than Yad Soledes Bo, transgresses the prohibition against cooking.

*31*) [line 24] HEFSHERO ZEHU BISHULO - That is, even though warming oil is considered cooking, warming it on one's hand (which is kel'Achar Yad,) is permitted, since warming oil is equated to cooking only mid'Rabanan.

32) [line 28] KEL'ACHAR YAD
Whenever a Melachah of Shabbos is done in an abnormal fashion, the transgressor is not liable to the d'Oraisa punishments. He is said to have done the Melachah kel'Achar Yad (lit. using the back of the hand.)

33) [line 30] NICHVEIS - gets burned
34) [line 31] AMBETI - a bathtub or bathing pool

35) [line 31] KELI SHENI
The "second utensil" is the one into which the food was poured from the utensil in which it was cooked (Keli Rishon)

36) [line 34] L'HARHER - to think [about words of Torah]
37) [line 36] AFRUSHEI MI'ISURA - to prevent a person from transgressing a prohibition
38) [line 38] L'HADI'ACH KARKA - to wash the ground

39) [line 42] MAKAS MARDUS
Beis Din has the power to inflict lashes upon a person when the d'Oraisa lashes cannot be instituted. These lashes are called Makas Mardus (lit. lashes for rebelliousness) and may be unlimited in number. See Insights to Chulin 110:1 for a discussion of the various opinions with regard to Makas Mardus.

40) [line 42] ANA CHAZISEI L'REBBI AVAHU - I saw Rebbi Avahu
41) [line 43] D'SHAT - that he floated. Swimming is prohibited on Shabbos (a) lest a person build a raft or small boat, transgressing the Melachah of Boneh (this does not apply to a bathtub); (b) lest a person kick water out that will travel more than a distance of four Amos in Reshus ha'Rabim, transgressing the Melachah of Hotza'ah (this even applies to a bathtub)

42) [line 43] IY AKAR - if he took his feet off the ground

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