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Shabbos 117

(a) The Rabbinical decree of Muktzah prohibits not only the actual Mukztah item from being moved on Shabbos, but it also prohibits moving the item on which the Muktzah rests, or its "Basis." (For example, a basket in which a stone rests may not be moved.)

(b) The item which supports the Muktzah becomes prohibited to be moved only if the following conditions are met:

(1) the Muktzah is placed on it before Shabbos entered and is there for the entire duration of Bein ha'Shemashos (Shabbos 44b);
(2) the Muktzah is purposely placed and left there, as opposed to being forgotten and inadvertently left there (Shabbos 142b);
(3) the Muktzah is there alone and there is no other permissible (non-Muktzah) item resting there (Shabbos 142a);
(4) according to Rabeinu Tam (Tosfos, Beitzah 2a), the "Basis" is only prohibited if one places the Muktzah there before Shabbos with intention to leave it there for the *entire* day of Shabbos.
(c) The object upon which the Muktzah is resting is prohibited to be moved only if that object is serving the purpose of supporting the Muktzah item. If, however, the Muktzah item is serving the purpose of the object upon which it is placed, then that object underneath the Muktzah is not considered a "Basis" for a forbidden object (Rashi 49a, DH Notel). (For example, if shreds of clothing which are Muktzah are placed atop a pot in order to preserve its heat, the pot is not considered a Basis for the Muktzah, because the Muktzah is serving the purpose of the pot.)

An act which will certainly result in a forbidden Melachah being unintentionally performed on Shabbos or Yom Tov is called a Pesik Reishei v'LO Yamus. Literally, "[can one] cut off the head [of an animal] and it will not die?!"

(a) An act which is a Pesik Reshei is a type of Davar sh'Eino Miskaven. A Davar she'Eino Miskavein is 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. Rebbi Yehudah prohibits performing such an action mid'Rabanan, 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.

(b) The laws of a Davar sh'Eino Miskaven (that it is permitted according to Rebbi Shimon or forbidden mid'Rabanan according to Rebbi Yehudah) apply only when it is not inevitable that a Melachah will occur as a result of one's action. However, when a Melachah will definitely occur as a result of one's action, this is a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.)
Abaye (133a) initially thought that a Pesik Reshei is no different than any other Davar sh'Eino Miskaven. When he heard from Rava that Rebbi Shimon agrees that a Pesik Reshei is forbidden, he retracted his opinion and agreed to Rava. Therefore, according to everyone, a Davar sh'Eino Miskaven with a Pesik Reshei is forbidden.

(c) Even though the laws of a Pesik Reshei differ from a Davar sh'Eino Miskaven, nevertheless if the Melachah which inevitably occurs as a result of one's action is *not desirable* to him, he will not be Chayav according to Rebbi Shimon, because it is no worse than a Melachah sh'Einah Tzerichah l'Gufah (103a, Tosfos). Some maintain that such a Pesik Reshei is even permissible l'Chatchilah to perform on Shabbos according to Rebbi Shimon, and it is like any other Davar sh'Eino Miskaven (Aruch, cited in Tosfos 103a; see Insights to Shabbos 110:1).
If the person is pleased with the Melachah that results inevitably from his action, then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah alike) agrees that he is Chayav and he must bring a Korban Chatas (as stated earlier (b)).

3) [line 18] BIRZEI - small pieces [of hide]

(a) A Mavoy is an alleyway which is enclosed on three sides, through which the people of the surrounding courtyards must pass in order to go out to the street (Reshus ha'Rabim). Although mid'Oraisa such a Mavoy is a Reshus ha'Yachid, nevertheless, the Chachamim prohibited carrying objects in it a distance of four Amos or more. This decree was enacted because of its similarity to a Reshus ha'Rabim, since many families make use of a single Mavoy.

(b) Carrying in a Mavoy is permitted if a Lechi is placed vertically against one of the walls at the entrance to the Mavoy. A Lechi is a pole or plank that is at least ten Tefachim high. It serves as a Mechitzah (a fourth wall) or as a Heker (reminder) to the people who live in the Mavoy so that they do not transfer objects from the Mavoy to the adjacent Reshus ha'Rabim.

(c) Another method to permit carrying in a Mavoy is with a Korah (a beam, one Tefach thick). The Korah was placed horizontally across the top of the entrance to the Mavoy.

(d) Both the Lechi and Korah signal the border of Reshus ha'Rabim and Reshus ha'Yachid. With the Lechi or Korah, in conjunction with a Shituf (see Background to Shabbos 6a #11b), Chazal permit carrying within the Mavoy.


5) [line 13] BAHUL - anxious and excited
6) [line 17] V'YIKLOT - and catch the flow of wine from midair
7) [line 17] V'YETZAREF - and hold the utensil next to the edge of the roof so that the wine can flow into it

8) [line 24] MA'ARIMIN - act with subtlety, to get around a law by an artifice

9) [line] OSO V'ES BENO
It is forbidden to slaughter a cow, female sheep or female goat and her offspring on the same day, as it states in Vayikra 2:28, "v'Shor Oh Seh, Oso v'Es Beno Lo Sishchatu b'Yom Echad"

9) [line 29] OSEH LO PARNASAH - he provides it with sustenance
10) [line 39] PAS HADRA'AH - bread made from coarse flour; black bread
11) [line 43] SHACHACH PAS B'TANUR - [if a person affixed a pita dough to the wall of an oven and] forgot to take the pita out of the oven before Shabbos

12) [line 44] KESHE'HU RODEH - when he peels the pita of the wall of the oven
13) [line 45] LO YIRDEH B'MARDEH - he may not peel it off with a baker's shovel (which is made specifically for that purpose)

14) [line 47] L'HOTZA'AS SHABBOS - to make his purchases and preparations for Shabbos

15) [line 51] HAVAH BATZA A'KULAH SHEIRUSEI - would cut a slice which was sufficient for the entire meal

16) [line 52] KI MIKLA LEHU RIFTA D'EIRUVA - when the bread used for Eiruvei Chatzeiros (see Background to Shabbos 101:13a,b) would be placed in their houses

18) [line 53] SHARU ILAVEI - they would begin [the final Shabbos meal by reciting the blessing of ha'Motzi] on it

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