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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shabbos 96


Perek ha'Zorek


(a) Gezuztera'os are projections that protrude from of a wall, on which planks are placed.

(b) 'ha'Zorek me'Reshus ha'Yachid li'Reshus ha'Yachid, u'Reshus ha'Rabim be'Emtza', refers to someone who throws from one Reshus ha'Yachid to another ha'Yachid alongside it (but not across the street), via the Reshus ha'Rabim.

(c) The reason for the difference is because, whereas the Levi'im would hand the planks from one wagon (which was a Reshus ha'Yachid) to the wagon standing *in front* of it - along the street -, they never had occasion to hand them from one wagon to a wagon standing *beside* it in the Reshus ha'Rabim - across it.

2) The Rabbanan maintain that someone who throws in the above case, is Patur, because it is above ten Tefachim (see Sugya later, 97a).




(a) We learn from the Pasuk in Vayakhel "va'Yetzav Moshe, va'Ya'aviru Kol ba'Machaneh" - the Melachah of Hotza'ah - i.e. the prohibition of carrying from the Reshus ha'Yachid (from their private homes) to the Reshus ha'ha'Rabim (Machaneh Levi'ah).

(b) We know that the announcement was a matter of Halachah, and not just one of practicality (because they had sufficient materials), from a Gezeirah Shavah "Ha'avarah" "Ha'avarah" - from Yom Kipur of Yovel, where the Torah writes "ve'Ha'avarta Shofar Teru'ah" (Behar); just as over there, there is an Isur on the day, so too here, we are speaking when there is an Isur on the day (the Derashah is extremely unclear, since the Pasuk by Yom Kipur is talking about the Yovel, and not about the Isur Melachah - see Tosfos DH 'u'Mimai', who, in the name of Rabeinu Chananel, learns it from the Lashon of the Pasuk "Ish ve'Ishah Al Ya'asu Od *Melachah* ba'Boker ba'Boker").

(c) We know the Isur of Hachnasah from a Sevara: If one is Chayav for carrying from a Reshus ha'Yachid to a Reshus ha'Rabim, then why should one not also be Chayav for carrying from a Reshus ha'Rabim to a Reshus ha'Yachid?

(d) Yes! In spite of the Sevara, the Hotza'ah is an Av, Hachnasah, a Toldah.

(a) Whether one transgresses an Av or a Toldah, one is Chayav a Chatas - be'Shogeg, and Kares or Sekilah - be'Mezid. The difference between them is that someone who transgresses two different Avos or two Toldos of two different Avos, is Chayav *two* Chata'os; whereas for an Av and its Toldah, or for two Toldos of the same Av, one would need to bring only *one* Chatas.

(b) According to Rebbi Eliezer, one is Chayav *two* Chata'os for transgressing and Av and its Toldah.

(c) According to Rebbi Eliezer, there really is no practical difference between an Av and a Toldah - other than that any significant Melachah that was performed in the Mishkan is referred to as an Av, and any Melachah that was not, or, even if it was, but it was not significant, is referred to as a Toldah.

(a) Someone who throws four Amos on a wall *above* ten Tefachim, is Patur, *below* ten Tefachim, he is Chayav'. This speaks when he throws a sticky object, such as a dried fig, which then sticks to the side of the wall.

(b) He is Patur if it lands above ten Tefachim, because the air above ten Tefachim no longer belongs to the Reshus ha'Rabim, but is a Makom Petur.

(c) If it lands below ten Tefachim, he is Chayav, because it has landed in the Reshus ha'Rabim. It cannot be considered a Karmelis or a Makom Petur, since it has not landed on a specific area - only in the air (and a Karmelis and a Makom Petur are defined as specific areas).

1. The weavers of the curtains would hardly have thrown their needles to each other - because why would weavers need needles?
2. Nor would the people who sewed the curtains need to throw their needles to each other - since they probably worked one beside the other, and would therefore have been able to hand them to one another without throwing them.
3. As for the weavers throwing the shuttle between the walls of the weaving-loom - there are two reasons why they would not be Chayav for doing that either (A) because they would still be holding on to the thread, and one is not Chayav unless one leaves go of the end; or (B) because the space between the walls of the weaving-loom is no more than a Makom Petur, for which he would not be Chayav anyway.
4. The weavers would not need to throw the shuttle to one another (at least, not a distance of four Amos), since they worked next to each other.
(b) They would avoid knocking each other, by sitting with their looms, in a staggered position.

(c) We learn from the Pasuk "Ish Ish mi'Melachto Asher Hemah Osim" - that each person who worked for the Mishkan was given his own tools, and that it was unnecessary to borrow from one another.

(a) The Gemara has no suggestions as to how carrying four Amos in the street was performed in the Mishkan.

(b) Therefore, it immediately concludes that carrying four Amos in the street, is Halachah le'Moshe mi'Sinai, and that is also the only genuine source for *throwing* four Amos in the street.

(a) The three Melachos which the 'Mekoshesh' might have transgressed - are carrying four Amos in the street (Ma'avir), cutting wood (from the tree) (Tolesh), or piling up wood (Me'amer).

(b) Rav found a Megilas Setarim, in which Isi ben Yehudah wrote that there is one Melachah for which one is not Chayav Misah. Once we know for which Melachah the Mekoshesh was Chayav, we know that *that* Melachah is not the one in question.

(c) A Megilas Setarim - is notes which the Tana'im used to write secretly, and to hide - since writing Torah she'be'Al Peh in an official capacity, was prohibited.

(a) Rebbi Akiva learns from the Gezeirah Shavah "Vayihyu B'nei Yisrael *ba'Midbar*, va'Yimtze'u Ish" & "Avinu Mes ba'Midbar" - that the Mekoshesh was Tzelafchad.

(b) Rebbi Yehudah ben Beseira argued that if the Torah made a point of hiding the name of the Mekoshesh - even if it *was* Tzelafchad - then who was Rebbi Akiva to reveal it? If on the other hand, he was wrong, he was being Motzi Shem Ra on that Tzadik!

(c) A 'Gezeirah Shavah' is only valid if it was handed down from one's Rebbe's, and Rebbi Yehudah ben Beseira did not receive this Gezeirah Shavah from his Rebbes.

(d) According to Rebbi Yehudah ben Beseira, Tzelafchad was one of the Ma'pilim - those who rebelled after the Meraglim, who insisted on going forward to fight, after Moshe had warned them not to go - a serious sin, but not as severe as Chilul Shabbos.

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