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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shabbos 106



(a) When Rebbi Avahu quoted the Beraisa, 'Kol ha'Mekalkelin Peturin, Chutz me'Chovel u'Mav'ir', he replied 'Go and quote your Beraisa elsewhere - Chovel and Mav'ir cannot be Patur unless he needed the blood for his dog and the fire for the ashes (respectively)!

(b) Rebbi Avahu learns the Beraisa like Rebbi Shimon (who holds Mekalkel ba'Chaburah Chayav), and our Mishnah (which holds that all Mekalkelin are Patur), Rebbi Yehudah (who holds Mekalkel ba'Chaburah Patur).

(c) Rebbi Shimon learns ...

1. ... Mekalkel ba'Chaburah Chayav - from the fact that the Torah needs to permit Milah on Shabbos - implying that if not for the special dispensation, it would be forbidden.
2. ... Mav'ir ba'Chaburah Chayav - from the fact that the Torah forbids the Beis-Din to put a Bas-Kohen who committed adultery, to death - Why should the performance of this Mitzvah be forbidden, unless Mav'ir (boiling the lead wick) was a Melachah?
2) Rebbi Yehudah explains the Torah's ...
1. ... need to permit Milah on Shabbos, due to the fact that the Milah itself is as much a Tikun as is making a vessel.
2. ... prohibition of putting a Bas Kohen to death, because boiling a lead wick is as much a Melachah as boiling dyes (which was performed in the construction Mishkan) - in other words, neither of the above can actually be termed Kilkul.
3) When Rav Yosef demonstrated a single Sit for bleaching, dyeing etc. - he was showing the space between the extended thumb and fore-fingers, which is the equivalent to the space between the extended fore and middle fingers doubled.


(a) Rashi writes that a bird is not considered trapped in a room (note: that Bayis throughout Shas usually means a room), because it can escape through the windows - though that is not the reason that he gives on Amud Beis).

(b) According to the Chachamim, a deer is also considered trapped in a garden, a courtyard or an enclosure.

(c) Rabban Shimon ben Gamliel maintains that it all depends on the size and shape of the enclosure. If it is hard to catch, then it is *not* considered trapped, and one will be Chayav for trapping it; if not, then it *is*, and one will be Patur.




(a) It is forbidden to feed a bird or an animal (that is not one's own) on Shabbos, because the animals are Muktzah, and it is forbidden to trouble oneself on behalf of something which is Muktzah (in case one comes to pick it up).

(b) The author of the Mishnah in Beitzah, which considers undomesticated animals in an enclosure, trapped, is the Rabbanan (in our Mishnah), whereas the author of the Beraisa, which does not, is Rebbi Yehudah.

(c) The problem with the Mishnah in Beitzah, which does not consider birds in an enclosure, trapped, is that the Tana'im in *our* Mishnah unanimously agree that birds are *not* considered trapped in an enclosure.

(d) Nor can we answer that *that* Mishnah is speaking about an enclosure with a ceiling, but in an enclosure *without* a ceiling, they are trapped, since our Mishnah is speaking about a room - which normally *has* a ceiling, in spite of which the bird is not considered trapped.

(a) The Gemara explains that the Mishnah in Beitzah, which considers a bird trapped in an enclosure, is speaking about a tame, domesticated bird, whereas our Mishnah is speaking about a wild bird, that will not even accept capture, even in a small enclosure, but flies from one corner to another.

(b) It is possible to establish the Beraisa, which does not consider undomesticated animals trapped in an enclosure, even like the Rabbanan; by establishing it in a case of a *large* enclosure, whereas the enclosure in our Mishnah refers to a *small* one (like Rabban Shimon ben Gamliel - who, the Gemara concludes, comes to qualify the Chachamim, not to dispute their words).

(c) A small enclosure might also be one whose shadows meet - presumably, this means that the shadow of one of the walls reaches the other wall, when the shadows are at their longest. Alternatively, an enclosure which contains nooks and crannies for the deer to escape into, is called a large enclosure, one which does not, is called a small enclosure.

(a) Abaye argued that it was not necessary for Rav Yosef to rule like Rabban Shimon ben Gamliel, since the Rabbanan did not dispute his statement.- why should one need to issue a ruling like a unanimous statement?

(b) So what? replied Rav Yosef. Since what he said was correct, let it just be a song!

(a) One is Chayav for trapping a blind deer or one that is sleeping, but Patur for trapping a lame or a sick one. This is because, whereas the former does not function any slower on account of its being asleep or blind, the latter *does*.

(b) The Beraisa, which rules that one is Chayav for trapping a sick deer, speaks when the animal is sick with fever, the Beraisa which rules Patur, when it is sick with fatigue.

(a) The Chachamim maintain that one is only Chayav for trapping insects which one are normally trapped, such as locusts (which they used to trap for food), but not other insects, such as flies and wasps.

(b) One is Patur even for trapping locusts, when there is dew on the ground, because the dew temporarily blinds them, renderring them helpless - and therefore trapped.

(c) Rebbi Elazar ben Mahav'ai adds that, even when there is no due, one is Patur, if one takes from a group of many locusts - since then they then considered trapped.

(a) Two people are Chayav for closing a door on a deer, provided they were unable to do it on their own; if either of them is unable to do it on his own, he is Chayav.

(b) Rebbi Shimon rules that, even in the latter case, one is Patur.

(c) One is not Chayav for trapping a lion, unless one traps it into a cage.

(a) If one person fills half the doorway of a room into which a deer entered, and a second person then fills the remaining space, then it is the second one who is Chayav for completing the Melachah; the first one is Patur.

(b) If the first person actually filled up the entire doorway, and, when the second person sat beside (behind or in front of) him, he arose and walked away, leaving the deer trapped by the second person - then it is the first person who is Chayav; the second is Patur.

(c) The reason for this is because the first person is the one who trapped the deer. The second one is comparable to someone who closes the door of his house, and then discovers that there is a deer trapped inside.

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