Tractate Shabbat, Chapter 1 – Lesson 10
This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.
🔗 Link to the original lecture
🔗 Link to the transcript on Sofer.AI
Table of Contents
- The lecture’s progress and division of the pages
- Rashi’s approach in the Mishnah: the need for placement in the public domain
- Two fundamental disputes and three approaches among the medieval authorities (Rishonim): the Rash of Shantz, Rashi, and Tosafot
- A practical implication: does the poor person need an additional placement in order to be liable
- Rabbi Akiva Eiger on the Mishnah: a resolution for Rashi and the difficulty with it
- A possible resolution for Rabbi Akiva Eiger: reading Rashi somewhat like Tosafot and the Rashba
- Rabbi Akiva Eiger’s note on Tosafot Yeshanim and the Rash of Shantz, and the difficulty from the Mishnah
- The Sefat Emet, Maimonides, and the Pnei Yehoshua: the law of placement in the hand and textual versions in the Talmudic passage
- “We do not multiply disputes unnecessarily” and a methodology of minimizing disputes
- A conceptual explanation of “the uprooting of one’s body is considered like the uprooting of an object”: Rabbi Akiva Eiger
- An alternative conceptual explanation: the Chazon Ish and understanding the doubt as indirect uprooting and change
- Conclusion and preparation for the next lecture
Summary
General Overview
This lecture completes the previous discussion regarding liability for carrying out when a poor person takes an object from the homeowner and brings it into the public domain, and focuses on the question whether placement on the ground is required or whether the stopping of the hand itself counts as placement. Three approaches among the medieval authorities are presented, built on two basic disputes: whether the question raised in the Talmud is only about uprooting or also about placement, and whether “his hand is worse than his body” applies in every case or only when the hand is in a different domain from the body. The lecture then turns to comments by later authorities, especially Rabbi Akiva Eiger and the Pnei Yehoshua, about whether Rashi’s explanation in the Mishnah — “and he placed it in the public domain” — is meant as an actual legal ruling or only in order to preserve the Talmud’s question. It also clarifies the methodology of “we do not multiply disputes unnecessarily.” Finally, two conceptual understandings are presented regarding the wording of the doubt, “the uprooting of one’s body is considered like the uprooting of an object”: one explanation ties the doubt to the definition of the object’s “place,” while the other ties it to the fact that the uprooting is done indirectly and not in the standard form of labor.
The lecture’s progress and division of the pages
The lecture opens by clarifying the point of continuation from the previous session and checking the progress of the groups through pages nine and ten and their entry into the Talmud with Rashi and Tosafot. The teacher explains that the main focus of the next topic is straightforward understanding of the Talmudic text, with some room for deeper analysis, and begins by summarizing the assumptions required for liability in the act of carrying out described in the Mishnah.
Rashi’s approach in the Mishnah: the need for placement in the public domain
Rashi explains the Mishnah as saying, “and he placed it in the public domain,” and establishes that the poor person’s liability depends on there being an actual placement in the public domain; it is not enough that the object remains in his hand after he takes it out. This explanation is presented as dependent on the Talmud’s conclusion that his hand is inferior to his body, and therefore the placement of his hand is not sufficient placement for liability. Accordingly, placement on the ground or on a valid place of rest in the public domain is required.
Two fundamental disputes and three approaches among the medieval authorities (Rishonim): the Rash of Shantz, Rashi, and Tosafot
The teacher explains that the disputes break down into two separate questions: the Rash of Shantz versus Rashi and Tosafot on whether the Talmud’s doubt concerns only uprooting or also placement, and Rashi versus Tosafot on how to understand “his hand is worse than his body.” The Rash of Shantz holds that the doubt concerns only uprooting, and that with regard to placement there are no special requirements at all; Rashi and Tosafot hold that the doubt also concerns placement. Rashi understands that the hand is worse than the body in every situation, while Tosafot limits this to a case where the hand is in a different domain from the body. When the hand and the body are in the same domain, “his hand is drawn after his body,” and the hand has the same legal status as the body.
A practical implication: does the poor person need an additional placement in order to be liable
According to the Rash of Shantz, the poor person does not need an additional placement, because the entire discussion focuses on uprooting and the placement is considered valid in any case. According to Rashi, the poor person must place it in the public domain, because placement of his hand is not considered placement and the doubt concerns placement as well; therefore, without an additional placement the labor of carrying out is not complete. According to Tosafot, no additional placement is needed in the case where the poor person carries it out and the hand and body are in the same domain, because then placement of his hand counts as valid placement, even though Tosafot agrees that there are cases in which placement of the hand does not count when the hand is in a different domain from the body.
Rabbi Akiva Eiger on the Mishnah: a resolution for Rashi and the difficulty with it
Rabbi Akiva Eiger notes that Rashi and Rabbi Ovadiah of Bartenura explain that one must have “and he placed it in the public domain,” but he argues that according to the conclusion of the Talmudic passage, “the placement of one’s body is considered like the placement of an object,” and therefore even without placing it on the ground there would seemingly be liability once he stood outside. He resolves the issue for Rashi by saying that Rashi often explains according to the initial assumption of the Talmudic discussion, and that the explanation of “and he placed” is meant to avoid resolving from the Mishnah the question on page 3. If the Mishnah necessarily had to be explained without placement on the ground, it would follow that the placement of the body must count as placement, and the Talmud’s question would become unnecessary. The teacher objects that Rabbi Akiva Eiger’s difficulty ignores the distinction made in the Talmud’s conclusion between body and hand, and that in Rashi himself the hand is not considered at rest. Therefore, the placement in the Mishnah is not like placement of the body but like placement of the hand. From this it follows that for Rashi, “and he placed it in the public domain” is a legal requirement, not merely an interpretive move to preserve the Talmud’s question.
A possible resolution for Rabbi Akiva Eiger: reading Rashi somewhat like Tosafot and the Rashba
The teacher suggests that Rabbi Akiva Eiger’s understanding rests on a strained reading of Rashi, similar to what the Rashba suggests, according to which even Rashi agrees that when the hand is in the same domain as the body, the hand is drawn after the body and the placement of the hand counts as placement. According to this assumption, Rabbi Akiva Eiger’s question makes sense: why does Rashi require placement on the ground in the Mishnah, when in practice the hand and body are already in the same domain after the poor person brings his hand back to himself? The teacher argues that without adopting this assumption, there is no room for the question, because the straightforward reading of Rashi is that placement of the hand is not considered placement in principle, and does not depend on the hand’s location relative to the body.
Rabbi Akiva Eiger’s note on Tosafot Yeshanim and the Rash of Shantz, and the difficulty from the Mishnah
Rabbi Akiva Eiger cites a view attributed to Tosafot Yeshanim according to which the Talmud’s doubt concerns only uprooting and placement is obvious, and he objects that this is “astonishing,” because the Talmud distinguishes by saying “and it is not comparable to his hand,” and in any case such a distinction is also needed regarding placement. For the Mishnah indicates that when the homeowner stretches his hand outside and the poor person takes the object from him, both are exempt. The teacher explains that according to the Rash of Shantz, it is difficult to understand why the homeowner is not liable if placement of his hand counts as placement in every case. He suggests that there is no choice but to interpret the case as one where the hand did not stop, and the taking was done while the hand was still in motion, even though this is forced relative to the plain sense of the Mishnah.
The Sefat Emet, Maimonides, and the Pnei Yehoshua: the law of placement in the hand and textual versions in the Talmudic passage
The Sefat Emet determines that in Rashi on the Mishnah it sounds like an actual legal ruling that the poor person must place it in the public domain, and raises a parallel question whether it is also required that he uproot the basket from the ground. He notes that Tosafot seems to disagree with Rashi, that the Rosh seems to hold as presented in Rashi’s approach that uprooting by the hand alone is not considered uprooting, and that Maimonides writes explicitly that one need not place it on the ground. Maimonides rules that a person’s hand is considered as though it were a four-by-four area, and that if he brought his hand back to himself he is liable “even though he did not place the object in the place where he is standing,” because “since it is in his hand, it is as though it were placed on the ground.” The teacher attributes this to the Tosafot approach, according to which when the hand and body are in the same domain, placement of the hand counts as placement. The Pnei Yehoshua explains that Rashi apparently did not have the text “his hand is drawn after his body,” but rather “his body is at rest; his hand is not at rest,” and therefore in his view placement on the ground is required. By contrast, according to Tosafot and their version of the text, it is enough that the object is still in his hand in order to count as placement when his hand and body are in the same domain.
“We do not multiply disputes unnecessarily” and a methodology of minimizing disputes
The Pnei Yehoshua adds that there is no need to increase the legal disagreement between Rashi and Tosafot, and it is possible that Rashi agrees with them in practice, and only explained the Mishnah “in a clear-cut way” in order to preserve the question on page 3 and not resolve it from the Mishnah. The teacher expands on the methodological principle of “we do not multiply disputes unnecessarily” as an impulse to minimize disagreements whenever it is reasonably possible to interpret matters as reflecting basic agreement. He compares this to broader considerations about the way disputes arise, which often do not run from one extreme to the other. He gives an example from a dispute among medieval authorities regarding a sick person on the Sabbath: whether one should feed him non-kosher meat or slaughter on the Sabbath. He explains how one may still derive conceptual reasoning from a view that was not accepted in Jewish law, when that view was rejected for some side reason and not because the underlying reasoning itself was denied.
A conceptual explanation of “the uprooting of one’s body is considered like the uprooting of an object”: Rabbi Akiva Eiger
Rabbi Akiva Eiger, commenting on Tosafot, explains that the doubt about “the uprooting of one’s body” arises because the object is not uprooted from its place, since the place is defined as the person’s body and the object remains on him. Therefore, it may be that no uprooting has occurred at all. The teacher concludes that this formulation fits Rashi’s understanding better than Tosafot’s, because it does not depend on the hand-body relationship or on whether the hand is in another domain, but rather on the basic question whether the object’s place is the body rather than the ground.
An alternative conceptual explanation: the Chazon Ish and understanding the doubt as indirect uprooting and change
The Chazon Ish explains that the question arises because uprooting the body is “his walking and not carrying out,” and “this is not labor in its normal form,” since he did not uproot the object itself but caused it to go out. Therefore this is an indirect uprooting, akin to a change in the normal manner, rather than an absence of uprooting altogether. The teacher distinguishes this understanding from Rabbi Akiva Eiger’s explanation, since according to the Chazon Ish the object is indeed uprooted relative to the ground, but the action is not a direct uprooting of the object. He explains that this formulation can fit within the framework of Tosafot, where the question of the connection between hand and body may be relevant to understanding both placement and uprooting.
Conclusion and preparation for the next lecture
The teacher summarizes that the discussion up to this point completes the previous lecture, and sets up that in the next lecture they will continue to the next topic, now that the disputes among Rashi, Tosafot, and the Rash of Shantz have been laid out and the approaches of Rabbi Akiva Eiger, the Sefat Emet, Maimonides, and the Pnei Yehoshua have been clarified. The lecture ends with the blessing, “Shabbat Shalom,” and coordination of continued learning.
Full Transcript
[Rabbi Michael Abraham] Okay. Good thing I didn’t record. I’m starting to record now.
[Speaker B] From our perspective, it’s a shame you didn’t record. Wait.
[Rabbi Michael Abraham] No, I thought we were only starting with some ordinary questions, so I didn’t record. Okay. So come on, I just want to, I just want to finish off the previous lecture. I can already see this has taken us time. All right, we’ll see. So, where are you all holding in terms of time? With the page, sorry?
[Speaker B] We finished page nine.
[Rabbi Michael Abraham] Page nine? And ten?
[Speaker C] We—
[Speaker B] We didn’t get into the Talmud.
[Rabbi Michael Abraham] Okay. Which group?
[Speaker C] We finished page ten. Page ten? Yes. I didn’t hear.
[Rabbi Michael Abraham] Yes. Okay.
[Speaker D] We did page ten with the Talmud and Rashi; with Tosafot we only just started.
[Rabbi Michael Abraham] Okay. Fine, so let’s see how much we manage. Basically in lesson ten, yes, in the next topic, the main thing is the straightforward meaning of the Talmud. That is, there isn’t much beyond understanding the plain sense of the Talmud. There is — you can dig a bit — but the main thing there really is the Talmud. Okay, let’s begin. So what I want, basically, is this: we got up to the point where I summarized how each of the medieval authorities is supposed to explain the Mishnah, when the poor person, say, takes from the homeowner, carries it outside, and then the poor person is liable. The question is whether he also has to place the object down in the public domain, or whether just stopping his hand is considered placement. So Rashi writes — I’m sharing the file again so we can see it inside — so Rashi writes: “Or if he took from within it and brought out an object and placed it in the public domain, since he performed an uprooting in the private domain and a placement in the public domain.” Meaning, he says, “and placed it in the public domain.” Meaning he adds that the person also has to place it in the public domain; otherwise he won’t be liable. So about that I said — I’m summarizing what I said last time — apparently this depends on a three-way dispute between the Rash of Shantz, Rashi, and Tosafot. And this dispute basically begins with the fact that there are two different questions here in the topic, and regarding each of them the medieval authorities disagreed. One question is the dispute of the Rash of Shantz against Rashi and Tosafot. The Rash of Shantz claims that the question in the Talmud is only about uprooting and not about placement. But in Rashi and Tosafot — Tosafot for sure, but it also seems so in Rashi — it says that the question was also about placement, not only about uprooting. That’s one dispute. The second question is: when the Talmud says that his hand is worse than his body — meaning the uprooting of his body is considered uprooting, but the uprooting of his hand is not — Rashi and Tosafot disagree about what exactly that means. Rashi says: always, when it’s his hand and not his body, it’s worse. Tosafot says no, only when his hand is in a different domain from his body — only then is the hand worse. But if the hand is in the same domain as the body, then the hand and the body are the same thing. That’s what Tosafot claims. I showed you that the Rash of Shantz on this point agrees with Rashi. He agrees with Rashi that we’re talking about his hand in general. And now you can see that the disagreements over these two questions generate three approaches. Since the Rash of Shantz says on the second question like Rashi, and on the first question against Rashi and Tosafot. Tosafot says that “his hand” only applies when it’s in a different domain, but the question applies both to uprooting and to placement. Rashi agrees with the Rash of Shantz that we’re talking about his hand in every case, no matter where it is, but the question is like Tosafot — meaning, both with regard to uprooting and with regard to placement. That’s three different approaches. What does that mean here? The poor person takes the object from the homeowner in the private domain, carries it into the public domain, and the hand stops. So let’s do the calculation according to the three approaches. According to the Rash of Shantz, what should the rule be? Does he now have to place it down, or is he liable even without that?
[Speaker C] No, he doesn’t need to place it down. Why not? Only uprooting. Exactly. Basically, regarding placement there’s no question at all.
[Rabbi Michael Abraham] Even regarding his body there was no question, and regarding his hand there was also no question. Meaning, regarding placement there are no requirements. Any placement will be fine. All the discussions are only discussions about uprooting. Therefore the Rash of Shantz says not because it’s his hand or his body or whatever — that doesn’t matter at all. Regarding placement there are no requirements. Only regarding uprooting are there requirements. And therefore according to the Rash of Shantz he does not need to place it down. According to Rashi? Liable. Yes, he has to place it down. Why does he have to place it down?
[Speaker C] Uprooting and then placement.
[Speaker D] If there’s no placement on that, he doesn’t carry it out.
[Rabbi Michael Abraham] Since with his hand, unlike with his body, the conclusion is that the uprooting and the placement — that his hand and his body—
[Speaker D] are in one place.
[Rabbi Michael Abraham] Right, meaning with his body — regardless — but hand and body, that’s Tosafot. According to Rashi, the question was both about uprooting and about placement. Right? The conclusion is that… both for uprooting and for placement, his body is considered a valid uprooting and placement, but his hand — neither for uprooting nor for placement is that good enough, right? Because his hand is worse than his body. So Rashi says: if that’s so, here there was placement of his hand, and placement of his hand is not good enough, because his hand is worse than his body, and unlike the Rash, in his view if there’s a problem with placement, that’s not okay, therefore according to Rashi he has to place it down. What happens according to Tosafot?
[Speaker C] There the main thing is the transfer, according to Tosafot.
[Rabbi Michael Abraham] Again, I didn’t hear?
[Speaker C] I’m saying according to Tosafot the main thing is the transfer.
[Rabbi Michael Abraham] Yes, but according to Tosafot in our case. According to Tosafot, does he need an additional placement?
[Speaker B] He doesn’t need an additional placement.
[Rabbi Michael Abraham] Why not?
[Speaker C] Because—
[Speaker B] The hand itself — he doesn’t need an additional placement, because the hand itself—
[Speaker C] When the body is outside, and then the hand…
[Rabbi Michael Abraham] Exactly. He doesn’t need an additional placement, like the Rash of Shantz, but for a different reason. According to the Rash of Shantz he doesn’t need an additional placement because there are no problems with placement at all. According to Tosafot there are problems with placement. Placement of his hand is not considered placement. He says yes, but that’s only when the hand is not where the body is. But here, when the poor person brings the thing back to himself, now at the stage of placement the hand and the body are in the same place. So in that situation, the hand is like the body, says Tosafot; such a placement is a valid placement. Therefore no additional placement is needed. So in that sense, the Rash of Shantz and Tosafot both disagree with Rashi, but each for a different reason. One because of the first question, and one because of the second question. Okay? That’s the summary. Now let’s see what happens here with Rashi and the later authorities. Rabbi Akiva Eiger on the Mishnah — I’m reading him here. “The poor person stretched out his hand inward, or took from within it and brought it out” — Rashi and Rabbi Bartenura explained: “and he brought the object out and placed it in the public domain” — the Rashi we just read now, yes? That he needs to place it in the public domain. “And in truth,” says Rabbi Akiva Eiger, “according to what we conclude in the topic” — yes, what we concluded in the topic — “that the uprooting of one’s body is considered like the uprooting of an object, here too the placement of one’s body is considered like the placement of an object.” He is obviously assuming, like Rashi and Tosafot, that placement and uprooting are the same in this respect. “And even if he did not place it in the public domain, but merely held it in his hand, he is still liable, for once he brought his hand outside and was standing there, that is considered like the placement of an object.” All right? So if so, what exactly is his comment? Why does Rashi need to say that an additional placement is required? After all, according to the conclusion, uprooting of his body and placement of his body are valid uprooting and placement. Why does Rashi say that an additional placement is needed? So he says: “And there is no difficulty on Rashi, because it is his way to explain according to the initial assumption of the Talmud,” as Tosafot Yom Tov writes in Pe’ah, etc. “And according to the question about the uprooting of one’s body,” etc., “so that we should not resolve it from our Mishnah, he had to explain that one may say that it is speaking about a case where he placed it in the public domain, as Tosafot wrote in the topic.” What is he saying? He says: there’s no difficulty on Rashi. Why not? It could be that what Rashi says here, that he placed it in the public domain, is not really because one must place it in the public domain.
[Speaker C] That’s what it says.
[Rabbi Michael Abraham] Rather, because it’s also possible to explain it in a way where he placed it in the public domain. Why was it important for Rashi to add that? Because otherwise our topic on page 3, which discusses the question of placement of one’s body and uprooting of one’s body, could have been resolved from the Mishnah. Because the Mishnah says that if the poor person brings his hand out, he is liable. And if it could not be explained that he placed it down, then what would come out? That placement of his body is considered placement. So what is the question for? You can resolve it from the Mishnah — why ask the question at all? Rashi says no; the Mishnah could be explained as talking about a case where he placed it in the public domain, and then you can’t resolve from the Mishnah that placement of one’s body is considered placement. But in truth, for practical Jewish law, says Rabbi Akiva Eiger, for practical Jewish law you really do not need to place it in the public domain. What Rashi explained, that he placed it in the public domain, is only to explain to me why there is room for the Talmud’s question. But it’s true that according to the conclusion — that placement and uprooting of one’s body count as placement and uprooting — then Rashi too would really say that you do not need to place it in the public domain. That’s what emerges from Rabbi Akiva Eiger. Are you with me? Okay?
[Speaker F] I didn’t understand what I would have been able to understand from the Mishnah regarding the question.
[Speaker C] It’s like an interpretive setup was created here so that we would have the next question in the Talmud.
[Rabbi Michael Abraham] Exactly.
[Speaker F] No, no, but what would I have — why wouldn’t I need the question about bringing the hand outside? What is that?
[Rabbi Michael Abraham] Rabbi Akiva Eiger says like this: if Rashi had not explained in the Mishnah that he placed it in the public domain, there would have been no room for the Talmud’s question. Why? Why? Because after all, the Talmud’s question is whether the uprooting or placement of one’s body counts as uprooting and placement or not.
[Speaker F] Ah, the question is about the uprooting of one’s body — I thought you meant a different topic.
[Rabbi Michael Abraham] Look at the Mishnah and you’ll see that the placement of his hand is considered placement. So what room is there for this question? From the fact that the Talmud asks the question, Rashi says, apparently in the Mishnah… But you’re right, says Rabbi Akiva — that is, Rabbi Akiva Eiger says yes, but for practical Jewish law, once the question has been resolved, and in the question itself we were already told that placement and uprooting of one’s body are valid placement and uprooting, then really Rashi too would agree that you do not need to place it in the public domain; placement of his hand is enough. That’s Rabbi Akiva Eiger’s claim. Do you agree?
[Speaker G] According to what whoever it was answered — was that Rashi?
[Speaker F] You can say that, why not? If—
[Rabbi Michael Abraham] If Rabbi Akiva Eiger said it, then apparently you can say it; the question is whether he’s right.
[Speaker F] No, whether it’s right or not is another question — whether such a structure can be built. Yes, it can.
[Rabbi Michael Abraham] These are extremely puzzling words.
[Speaker C] Apparently not possible.
[Rabbi Michael Abraham] More precisely, we don’t even get started. What Rabbi Akiva Eiger says here needs great examination.
[Speaker C] But Rashi said that his hand does not come to rest.
[Rabbi Michael Abraham] Right, after all the Talmud reached its conclusion regarding uprooting and placement of one’s body, not regarding uprooting and placement of one’s hand. That’s exactly the point. After all, the Talmud proved from the Mishnah that his hand is worse than his body. What’s the proof? This is the proof. Meaning, the proof is exactly this: the Talmud says that placement and uprooting of one’s body count as placement and uprooting. But placement and uprooting of one’s hand do not count as placement and uprooting. Therefore Rashi says that if the poor person brought out his hand and the Mishnah says he is liable, how is he liable? After all, the placement is placement of his hand. Placement of his body counts as placement, but here it’s placement of his hand, not placement of his body — and placement of his hand is not considered placement. So Rashi says: he has to place it in the public domain. He says this for the practical law, not in order to explain the initial assumption. Rabbi Akiva Eiger ignores the fact that according to the Talmud’s conclusion his hand and his body are not the same thing.
[Speaker G] He—
[Rabbi Michael Abraham] He treats placement of his hand as though it were placement of his body — but that’s not true. The Talmud says that his hand is worse than his body.
[Speaker G] But that’s only in the conclusion. He says, if there hadn’t been Rashi, the question wouldn’t have come up at all, maybe. Now Rabbi comes and explains that it really isn’t the same thing.
[Rabbi Michael Abraham] But what comes out in the conclusion? I’m asking now: does he need to place it in the public domain or not?
[Speaker G] According to the conclusion, as it were?
[Speaker C] According to Rashi, does he need to place it in the public domain or not in the conclusion?
[Rabbi Michael Abraham] Rabbi Akiva Eiger says no. Everything Rashi said, that he has to place it in the public domain, was only to explain why there is a question, but in principle he does not need to place it in the public domain. But that’s not correct. For practical Jewish law he does need to place it in the public domain, because if he didn’t place it, then what we have here is placement of his hand, and placement of his hand is not considered placement according to the Talmud’s conclusion. Therefore Rashi says that he must place it in the public domain.
[Speaker G] But according to the Talmud’s conclusion, even according to Tosafot he also doesn’t need to place it — what do you mean?
[Rabbi Michael Abraham] No, wait, leave Tosafot aside; I’m talking about Rashi now. Only Rashi.
[Speaker D] I didn’t really understand. Again, the Talmud is talking about his body, not his hand.
[Rabbi Michael Abraham] Right. And what is the Mishnah dealing with — his hand or his body? His hand. Right, so what does Rabbi Akiva Eiger want? Rabbi Akiva Eiger asks on Rashi: why, Rashi, do you say that he has to place it in the public domain? After all, according to the conclusion placement of his body counts as placement. What kind of question is that? We’re talking here about placement of his hand, not placement of his body. Okay? Hani?
[Speaker D] No, I didn’t manage to understand.
[Rabbi Michael Abraham] Again: Rashi is talking about the case in the Mishnah where the poor person put his hand into the private domain, took out the object, and stopped his hand. Does he, in practice, need to place the object down or not? I’m asking you now a practical legal question. In order to be liable, I mean. In order to be liable, does he need to place the object in the public domain?
[Speaker E] He needs to place it, because that’s right.
[Rabbi Michael Abraham] Obviously he needs to — why?
[Speaker C] Because—
[Speaker E] It’s—
[Rabbi Michael Abraham] Placement of his hand. Placement of his hand is not considered placement, so he must place it in the public domain in order for there to be placement here. That’s what Rashi writes. So why does Rabbi Akiva Eiger ask on him? Rabbi Akiva Eiger asks: why are you writing that he needs to place it? After all, placement of his body, according to the Talmud’s conclusion, counts as placement, so what’s the problem? That’s Rabbi Akiva Eiger’s question.
[Speaker D] No, no, that’s the part I didn’t understand.
[Speaker C] His proof is from placement of his body, but we’re talking about placement of his hand.
[Speaker D] So that’s why I can’t understand Rabbi Akiva Eiger. Fine — that’s our question on Rabbi Akiva Eiger. If you can’t understand him, then you understood very well.
[Rabbi Michael Abraham] That’s exactly the difficulty on Rabbi Akiva Eiger.
[Speaker C] Rabbi Akiva Eiger asks on Rashi—
[Rabbi Michael Abraham] After all, according to the Talmud’s conclusion placement of his body is considered placement, so why aren’t you satisfied with the fact that the poor person’s hand got here? Why do you need placement in the public domain? That’s how Rabbi Akiva Eiger asked. But it’s not a question. After all, the Talmud’s conclusion deals with placement of his body, not placement of his hand. Rashi here is talking about a case where the poor person performed placement of his hand, not placement of his body. Therefore, Rashi says, we have to say here that he apparently placed it in the public domain, because otherwise there was no placement here — this is placement of his hand. What kind of question is this? What is difficult on Rashi here from the Talmud? And that in itself is unclear. Yes. Again. What does Rashi say? The Talmud is talking about a case where the poor person put his hand into the private domain, brought it outside, and stopped. Rashi says: we must say that he also placed it in the public domain in order to say that he is liable. Right? That’s Rashi, that’s what Rashi wrote. Yes. What does Rabbi Akiva Eiger ask on him? Rabbi Akiva Eiger says this is unnecessary; he doesn’t need to place it in the public domain — he is liable even without that. Why? Because according to the Talmud’s conclusion here on page 3, placement of his body counts as placement.
[Speaker D] And therefore placement of his hand also counts as placement?
[Rabbi Michael Abraham] That’s the question. That’s how Rabbi Akiva Eiger asks, period. Now I am asking on Rabbi Akiva Eiger.
[Speaker D] But I don’t understand — the Talmud itself later distinguishes between his hand and his body.
[Rabbi Michael Abraham] That’s why I’m asking on Rabbi Akiva Eiger — so you do understand. That’s my question on Rabbi Akiva Eiger. You, Rabbi Akiva Eiger, are asking on him from placement of his body, but the Talmud itself says that this applies only to placement of his body and not placement of his hand. Therefore Rashi says that here he also has to place it in the public domain, because here we’re talking about placement of his hand; that’s not what the Talmud there is talking about. That’s exactly what I’m asking on Rabbi Akiva Eiger. Okay?
[Speaker D] I understood that… I understood.
[Rabbi Michael Abraham] Apparently, apparently Rabbi Akiva Eiger read Rashi too like Tosafot. Do you remember that Rashba? Right. The Rashba said that Rashi too probably means what Tosafot says: that the hand is drawn after the body. Rashi doesn’t mean that when the hand is in the same place as the body, that isn’t placement. Rashi too agrees with Tosafot’s principle that if the hand is in the same place as the body, that is placement. Everything Rashi says is only that placement of the hand is not considered placement when the hand is not in the same place as the body. Apparently that’s how Rabbi Akiva Eiger understood him, like the Rashba understood Rashi, and then there is room for this question. But don’t make that assumption and then ask questions — it’s simply not correct; it’s not written in Rashi. Okay? We already saw that the Rashba says that there isn’t really a dispute between Rashi and Tosafot. Rashi too means only a situation where the hand is not in the same place as the body. If the hand is in the same place as the body, then Rashi also agrees that this is a valid placement. But once— wait — if you understand Rashi that way, then you can understand Rabbi Akiva Eiger’s question.
[Speaker C] But once I bring the hand with the object back out, then it’s in the same place as the body. Right. So then why does he require placement?
[Rabbi Michael Abraham] Exactly. That’s what Rabbi Akiva Eiger asks.
[Speaker C] Therefore Rabbi Akiva Eiger asks on Rashi. That’s everyone’s question. If Rashi agrees that when the hand is in the same place as the body it is considered placement, then why would Rashi say that he has to place it in the public domain?
[Rabbi Michael Abraham] That’s what Rabbi Akiva Eiger asks.
[Speaker C] So that’s a valid question.
[Rabbi Michael Abraham] A terrific question, if you assume that this is Rashi’s position. But why assume that this is Rashi’s position? Don’t assume it, and don’t ask the question. Rashi’s straightforward position is not that. The Rashba is forcing Rashi. Rashi’s plain meaning is as Tosafot understood him. Right? But if you understand Rashi according to his straightforward meaning, nothing is difficult. So why is Rabbi Akiva Eiger building all kinds of strained assumptions into Rashi and then asking questions? Don’t make the strained assumptions, and don’t ask the questions. Okay. Now Rabbi Akiva Eiger continues. “And even though Tosafot Yeshanim wrote that the Rashba explained” — the Rashba here means the Rash, yes? — “that regarding placement it is obvious to him that it is placement, and the question is only about uprooting.” What is this comment coming to say? So that we don’t think that he—
[Speaker C] Doesn’t count placement at all — placement isn’t the problem. He’s going against this distinction that Tosafot Yeshanim made.
[Rabbi Michael Abraham] I didn’t understand. What is this comment trying to tell us now?
[Speaker G] To tell us that Rashi basically doesn’t think that… that you can’t explain Rashi in such a way that he is really only asking about the uprooting.
[Rabbi Michael Abraham] Why?
[Speaker C] He differs from Rashi on this point about uprooting.
[Rabbi Michael Abraham] Rashi explained both uprooting and placement.
[Speaker C] He explained above that—
[Rabbi Michael Abraham] What is Rabbi Akiva Eiger’s answer? That Rashi was forced to say that the object is placed in the public domain in order for there to be a question, right? Because if he didn’t say that, then you could resolve the question from the Mishnah. You can see in the Mishnah that placement of one’s body is considered placement. Therefore Rashi says no — the Mishnah can also be explained as a case where afterward he placed it down, and then placement of one’s body is not proven from there. Therefore there is room for the Talmud’s question. That’s what he said. But then he says: yes, but according to the Rash there, the Talmud’s question deals only with uprooting; regarding placement it is obvious that it is placement. So then there is no answer to the difficulty… Rabbi Akiva Eiger’s answer to his question on Rashi collapses. Because what did he answer? He answered that Rashi explained it that way in order to tell me why there is room for the Talmud’s question whether placement of one’s body counts as placement or not. But according to the Rash there is no question in the Talmud whether placement of one’s body counts as placement. The question is only about uprooting, not placement. So you can’t answer for Rashi that way. So he wants to say—
[Speaker G] That he doesn’t what? So he wants to say that Rashi doesn’t—
[Rabbi Michael Abraham] think that way. Exactly, right. “In any case one may say that Rashi holds like Tosafot, that the question also applies regarding placement.” Which is what I myself said too — that’s clear. Rashi learned like Tosafot against the Rash of Shantz. If so, then the question applies both to uprooting and to placement. And since that is so, then Rashi can be resolved the way he said above: Rashi is coming to say that there is room for the question; that is why he says it has to be placed in the public domain, because the question deals both with uprooting and with placement. Now I want to ask you, in parentheses, another question: according to the Rash of Shantz, if Rashi had learned like the Rash of Shantz — yes? — after all he says, if Rashi had learned like the Rash of Shantz I couldn’t have resolved him. Right? Why? According to the Rash of Shantz it is indeed clear that neither in the initial assumption nor in the conclusion do you need to place the object on the ground, because according to the Rash of Shantz you do not need to place the object — why? Because placement is in any case a valid placement, both with his body and with his hand. Right? So the Rash of Shantz isn’t part of the discussion here at all. That’s the summary we made at the end of the previous lecture. Okay. Now at the end he asks on the Rash of Shantz — this is the end of Rabbi Akiva Eiger’s words: “And in truth the words of Tosafot Yeshanim are puzzling to me.” Tosafot Yeshanim here is the Rash. “They are puzzling to me, for how did Rabbi answer that it is uprooting and not comparable to his hand?” After all, in the Talmud Rabbi said that the uprooting of one’s body is considered uprooting, and it is not comparable to his hand. With his hand, uprooting of his hand is not considered uprooting. “But in any case this distinction, that it is not comparable to his hand, is needed, for after all his hand — even placement is not considered placement, since if the homeowner stretched out his hand outside and the poor person took from him, he is exempt. And we do not say that the homeowner is liable on account of the placement of his body, for it is considered like placement of an object. And this needs great examination.” What is he saying? He says the Mishnah states as follows. Yes, this is to get used to Rabbi Akiva Eiger’s calculations a bit. He says the Mishnah says this: if the homeowner stretched out his hand outside and the poor person took from him. All right? This is the case Rabbi Akiva Eiger is dealing with — look. Yes, this diagram. “If the homeowner stretched out his hand outside and the poor person took from him,” then the homeowner is exempt and the poor person is exempt, right? Why is the homeowner exempt? After all, here there is placement of his hand.
[Speaker B] It’s half a labor.
[Rabbi Michael Abraham] According to the Rash of Shantz he didn’t place it—
[Speaker B] simply.
[Rabbi Michael Abraham] He did half a labor, there’s no requirement, right, no requirement for placement. But he did place it! The homeowner brought his hand outside, okay? And stopped it there, and then the poor person took the object from him. Let’s look at the homeowner. The homeowner did an uprooting and then also a placement of his hand. The fact that afterward the poor person took it from him — that’s another story — but the homeowner did a placement of his hand.
[Speaker B] No, no, no, he didn’t do placement of his hand, because placement of his hand is good only when it is with the body.
[Rabbi Michael Abraham] No, no, wait, wait, wait. First of all, what — we’re still before those distinctions. First of all, apparently, if the Rash of Shantz is right that the whole question is only about uprooting and not about placement, but regarding placement it is obvious that even placement of his hand is valid — then if so, why is the homeowner exempt?
[Speaker C] Here, the picture is like this: placement of his hand here as placement of… no… liable on account of placement of his body, for it is considered like placement of an object — when he was still inside his own courtyard and there he placed the object in his hand, then that is considered like his body. But afterward, when he stretched it outside, the object is considered at rest, and then the poor person uprooted it from his hand and transferred it to his own hand, therefore…
[Rabbi Michael Abraham] Fine, but the homeowner, I—
[Speaker D] I’m looking — the homeowner already did uprooting and placement.
[Speaker C] This placement of the object is being spoken of while his hand was still in the domain. The private domain.
[Rabbi Michael Abraham] No, what suddenly?
[Speaker C] And then it is like his body.
[Speaker D] No, no, no. But the question here is not only why the homeowner is exempt, but also why the poor person is exempt at all. Because if the homeowner did the placement, then the poor person did nothing. So why do we say he is exempt but it is forbidden? The poor person didn’t do anything — after all, the placement was done by the homeowner when he stopped his hand.
[Rabbi Michael Abraham] So maybe it should be exempt and permitted? Not important right now, but the stronger difficulty is on the homeowner. The homeowner transferred from one domain to another. Yes. According to the Rash of Shantz the homeowner should be liable.
[Speaker D] But once the Talmud says that they are both exempt — we talked about this, that they are both exempt but forbidden — this is not the case where one is liable and the other is exempt.
[Rabbi Michael Abraham] I agree, but the comment here could have been: fine, so here it’s exempt and permitted.
[Speaker D] But we can’t say that, because we know that in the Talmud all these exemptions are not exempt and permitted.
[Rabbi Michael Abraham] No, the Talmud itself says that in the Mishnah there are also cases of exempt and permitted — when you did nothing, you are exempt and permitted.
[Speaker D] I think precisely from the fact that they are both exempt, we understand that each one didn’t complete something.
[Rabbi Michael Abraham] No, no. The Talmud says there are cases in the Mishnah where the exemption there is exempt and permitted, because you did nothing. The Talmud says this explicitly!
[Speaker D] But if I start from the assumption that in this case where both are exempt, they are both exempt but forbidden, then I conclude from here that placement of his hand there is not considered placement, and he only did uprooting, therefore he is exempt; and the poor person did do placement, and therefore he is also exempt because he did not do uprooting.
[Rabbi Michael Abraham] But why start from such an assumption? Then the Rash of Shantz will tell you that it is exempt and permitted; that’s not difficult. What is difficult is why the homeowner is not liable. After all, the difficulty on the Rash of Shantz is this: according to the Rash of Shantz the homeowner did uprooting and placement in the public domain. Completely. He should be liable. Because he placed it by means of his hand, and according to the Rash of Shantz placement of his hand is considered placement. But according to Rashi he doesn’t do placement. I’m not talking about Rashi — I’m talking about the Rash of Shantz. And the Rash of Shantz didn’t make the distinction between whether it’s in the same domain or not the same domain as what? No, no, on the contrary. According to the Rash of Shantz regarding placement you don’t need any distinctions, because regarding placement everything works. There was no question at all regarding placement; the whole question is only about uprooting. So truly, with difficulty, one could have said what Hani suggested just now: maybe even according to the Rash of Shantz, because of this difficulty, we would have to say that regarding placement too, if the hand is detached from the body, he would agree that this is not placement. But that is very puzzling. There is no hint of that in the Rash of Shantz; I see no reason to say such a thing. It’s strange. It seems to me that according to the Rash of Shantz there is no choice but to say that the homeowner stretched his hand outside and it kept moving — it didn’t stop. And the poor person took it from his hand while the hand was still moving. If the hand stopped, then according to the Rash of Shantz the homeowner would be liable.
[Speaker B] Like in the air.
[Speaker D] Yes, there’s no choice. Okay. Okay? It’s very hard to assume that, because that is really not the plain sense of the Mishnah.
[Rabbi Michael Abraham] I said that.
[Speaker D] And it doesn’t make this distinction, and nobody makes this distinction in the Talmud.
[Rabbi Michael Abraham] I agree, but that’s what has to come out according to the Rash of Shantz.
[Speaker D] Because to the same extent, it would have been possible to assume that this is the case; it would have been possible to assume, what happens if the hand stopped, and then it would have to say that he is liable. So how does the Mishnah not address that case if it misled us?
[Rabbi Michael Abraham] I don’t understand. It wants to tell me when he’s exempt, not when he’s liable. That’s not a question. Is the Mishnah coming to tell me when he is liable? If the homeowner lifted it and set it down, we all know he is liable; that doesn’t need to be said. Here it’s only teaching me cases where he is exempt. When is he exempt? When he only did the lifting and the poor person did the setting down. So that’s all. That’s what the Mishnah says. It’s just that I’m now going into a higher resolution. What does it mean that he only did the lifting and the poor person did the setting down? There’s no choice but to say that the hand did not stop in the public domain. But that’s only a technical detail.
[Speaker D] Once the poor person took it from him, it’s hard for me to picture a situation where the poor person takes it and the hand doesn’t stop.
[Rabbi Michael Abraham] What’s the problem? Why not? The hand doesn’t stop and the poor person takes it. What’s the problem? I don’t see any principled problem with that. It’s an interpretive setup; in that sense, of course, it’s a bit forced. But there is no fundamental problem with that picture. By the way, other medieval authorities (Rishonim) discuss this here too; Tosafot in our passage even mentions it, whether the hand came to rest or did not come to rest. We’ll get to that later. The point is that according to the Rash of Shantz, it seems to me there is no choice but to interpret the Mishnah this way, otherwise it’s simply a frontal contradiction to what he says based on the Mishnah.
[Speaker G] Is it possible to say that the statement, “and his hand is not like his body,” actually comes from the question itself? Meaning, that the Rash of Shantz would say: as for me, the question really is only about liftings, and why? And that statement kind of follows from the question, from the very dilemma.
[Rabbi Michael Abraham] Meaning—I didn’t understand. And what will be with settings down? Settings down. About settings down there was never any dilemma. Why? Because it’s obvious that setting down is always effective. There are no questions about that, no distinctions. His body, his hand, whatever you want. Everything the Gemara dealt with was only liftings, and there it said that lifting of the body is considered a lifting, but lifting of the hand is not considered a lifting. But all that is only with liftings. As for settings down, it’s obvious that he is liable, meaning that there is no difference at all. The Sefat Emet writes like this: in Rashi on the Mishnah it implies as a matter of Jewish law that the poor person has to set it down in the public domain. And according to this, one must consider whether the poor person also has to lift the basket from the ground? Because seemingly the two depend on each other. Right?
[Speaker C] Because really it’s not from the hand but from the ground?
[Rabbi Michael Abraham] Yes. And from Tosafot later on it seems that they disagree with all of this against Rashi. See the Tosafot of Rabbi Akiva Eiger and the old Tosafot later on. And see the wording of the Rosh, from which it seems that he holds as we wrote in Rashi’s approach, that merely lifting the hand is not considered a lifting. And Maimonides wrote explicitly not like Rashi, that one need not place it on the ground, and so on. So why doesn’t he ask—
[Speaker C] —anything against Rashi?
[Rabbi Michael Abraham] He doesn’t ask anything against Rashi. From Rashi it implies as a matter of Jewish law that the poor person must set it down in the public domain—with an exclamation point, not with a question mark like Rabbi Akiva Eiger. And why? Exactly because of what I noted earlier: because according to Rashi’s own approach, it is clear that in the conclusion one really does have to set it down in the public domain. That’s not an objection; it’s a determination. He really brings here—look at Maimonides, chapter 13, halakhah 12: “A person’s hand is considered for him like a four-by-four space. Therefore, if one took an object from the hand of a person standing in one domain and placed it in the hand of another person standing in a second domain, he is liable”—it doesn’t matter. “And similarly, if he was standing in one of these two domains and stretched out his hand into the second domain and took an object from it or from the hand of a person standing there and brought his hand back to himself, he is liable, even though he did not place the object in the place where he is standing.” You see? Against Rashi. “Since it is in his hand, it is as though it were resting on the ground.” Against Rashi. Because Maimonides apparently learns like Tosafot.
[Speaker C] His hand is a setting down, a setting down.
[Rabbi Michael Abraham] If it’s in the place where he is standing, the poor person is taking the object to himself. Now the hand is in the same place as the body. In such a case, placing it in his hand counts as a setting down. Only when the hand is in a different place from the body does placing it in the hand not count as a setting down. Therefore here he doesn’t need to place it on the ground, exactly as we said—the conclusion according to Tosafot. Maimonides apparently learned like Tosafot. And the Pnei Yehoshua here also says, under the heading “or he took from within it and brought out an object,” and similarly wrote nearby “or he placed into it,” and so on: it would seem, apparently, from his words explicitly, that where the poor person did not place it in the public domain but it is still in his hand, it is not called a setting down. Like the Sefat Emet, against Rabbi Akiva Eiger. And it is possible—and now, unlike the Sefat Emet, he also explains—that he follows his own approach and his text later, on the following page, our passage on page 3, where the text reads: “his body is at rest, his hand is not at rest,” and we do not read: “his hand is drawn after his body.” Rashi does not have that reading. Because Rashi explains that this has nothing to do with where the hand is located; placing something in the hand is not a setting down, period. Consequently, according to his approach, he also says in the Mishnah that the poor person has to place it on the ground, because I don’t care whether the hand is in the same place as the body. He doesn’t have that reading. So that’s exactly what he explains in Rashi, and that’s exactly why I asked about Rabbi Akiva Eiger: why are you questioning Rashi? Rashi is following his own approach and everything is fine. But according to the approach of Tosafot and their reading later on, it follows that even if the poor person did not place it on the ground, but merely brought it out and it remained in his hand, that too is called a setting down. It’s called a setting down. For placing it in his hand is also like placing the object itself, since his hand and his body are in one domain, his hand is drawn after his body. And just as the resting of his body is called a setting down when he stops, so too the resting of his hand, once he has stopped. So according to Tosafot it indeed turns out that there is no need to place it on the ground, against Rashi. So he really ties this to the dispute between Rashi and Tosafot here. That’s exactly how it should also come out regarding the Mishnah: Rashi on the Mishnah claims as Jewish law that the poor person must place it on the ground; Tosafot there would not say so, consistently with their approach here. And so too Maimonides wrote, what we just read, that even though he did not place the object down but it remained in his hand, it is considered as though it were placed on the ground. Thus, apparently, one should explain the approaches of Rashi and Tosafot, each according to his version. However—now look how he adds—however, by the way, the Pnei Yehoshua lived before Rabbi Akiva Eiger—however, even without this there is no need for it, and we do not multiply disputes in Jewish law beyond necessity between Rashi and Tosafot. And Rashi too agrees as a matter of Jewish law, as he noted in his place on the following page even according to his own reading. What is he saying? He says we don’t increase disputes beyond what is necessary. That’s his mantra. We don’t increase disputes beyond what is necessary, and therefore what? It’s possible that Rashi does not disagree with Tosafot here, and that Rashi too distinguishes between whether the hand is in the place of the body or not in the place of the body, like the Rashba understood in Rashi, right? That Rashi in fact does not disagree with Tosafot. And Rashi too agrees as a matter of Jewish law—yes, he agrees with Tosafot that all Rashi said was only when the hand is not in the same place as the body, but if the hand is in the same place as the body, he agrees with Tosafot that this is indeed called a setting down. Except that in that case, of course, Rabbi Akiva Eiger’s question would be difficult. I said that Rabbi Akiva Eiger questioned Rashi because he goes—but why? Why would it be difficult? Because if according to Rashi, when the hand is in the same place as the body, placing it in the hand does count as a setting down, then why does Rashi say one has to place it in the public domain? The hand is in the same place as the body.
[Speaker G] Not the homeowner who brings it out, okay.
[Rabbi Michael Abraham] No, no. Rabbi Akiva Eiger’s question on Rashi would indeed be difficult, as I said there: Rabbi Akiva Eiger, who questioned Rashi, probably understood him the way the Rashba understood him, all right? So that’s exactly what the Pnei Yehoshua says. I’m telling you that Rashi means what Tosafot mean, and if so, then it really is difficult why Rashi writes here that one needs to place it on the ground. So he says, no big deal. Rather, in any case, since later on we raise the dilemma whether lifting of the body is like lifting of an object, and it seems that the same dilemma applies to setting down and was not resolved, and our Mishnah here, which teaches “or he brought it out,” must therefore be explainable as a case where he placed it on the ground, as Tosafot write later on. Therefore Rashi too preferred to explain the Mishnah in a clear-cut way. That’s exactly Rabbi Akiva Eiger’s answer—it’s amazing. Everything Rabbi Akiva Eiger said is written in the Pnei Yehoshua, and he doesn’t mention the Pnei Yehoshua; he just notes it as though it were his own new comment.
[Speaker D] Can you go over that again? I didn’t understand this. What was the conclusion here? Why don’t we need to multiply disputes? How does he understand that Rashi learns like Tosafot?
[Rabbi Michael Abraham] No—he says he will explain that in the passage on page 3. The Pnei Yehoshua here is on the Mishnah on page 2. The Pnei Yehoshua on page 3 explains that Rashi too does not disagree with Tosafot, the way the Rashba explained Rashi, and that Rashi too is speaking only about a situation where the hand is not in the same place as the body, for his own reasons there; that’s not important right now.
[Speaker D] But in the Mishnah that’s not the case.
[Rabbi Michael Abraham] What? Wait—now he says: but according to this, apparently there is still a difficulty in Rashi on the Mishnah, because Rashi on the Mishnah says it has to be placed on the ground, and if I am right that Rashi holds like Tosafot, then he should not have required an actual setting down on the ground. So he says, no problem, that doesn’t trouble me. Why? Because it may be that Rashi interpreted it as being placed on the ground only in order to preserve the dilemma as it stands. As a matter of Jewish law, you don’t really need that, but if he hadn’t explained the Mishnah that way, I would have had trouble understanding what this dilemma was about. We could have resolved from the Mishnah that placing it in the hand or the body’s coming to rest counts as a setting down. So Rashi says no: the Mishnah can be explained as a case where he placed it on the ground, and therefore the dilemma remains in place. True, in the conclusion, when we say that setting down counts as a setting down when his hand and body are in the same domain, then indeed there is no need to say that he placed it on the ground. But Rashi’s explanation here is meant to keep the dilemma alive. Exactly what Rabbi Akiva Eiger answered, okay? Now what is the advantage of the Pnei Yehoshua over Rabbi Akiva Eiger? That the Pnei Yehoshua also explains it. Rabbi Akiva Eiger apparently assumed in Rashi’s view what the Pnei Yehoshua assumes, namely that Rashi does not disagree with Tosafot, and therefore he challenges him. But Rabbi Akiva Eiger didn’t say any of that, which is strange. But apparently I’m bringing the Pnei Yehoshua so we can see that Rabbi Akiva Eiger probably understood it this way too. The reason he questioned Rashi was that he assumed Rashi does not disagree with Tosafot, and then he answered: fine, so what Rashi explained here is only to preserve the dilemma, to keep the dilemma alive so that it cannot be resolved from the Mishnah. Clear?
[Speaker D] Is there some problem with their disagreeing with each other? Who? Tosafot and Rashi—that they have to justify saying they are really saying the same thing?
[Rabbi Michael Abraham] The principle—that’s what he mentioned here—is what is called: we do not multiply disputes. What does that mean? We don’t increase disputes beyond what we are forced to. Very often in the Gemara, when we—we know what? I’ll give you an example. We have a little time, so I’ll give you an example; I won’t start the next passage.
[Speaker F] “I’ll give you an example”—okay, for instance—sorry, I wanted to ask about the explanation he gave for Rashi not disagreeing with Tosafot. Is he supposed to say that Tosafot are not bothered by the dilemma, or do we need to explain that maybe they assume that hand and body are nevertheless different things, and we still need to ask about the body? I didn’t understand. According to Tosafot, why do we need a dilemma if it could be resolved from the Mishnah?
[Rabbi Michael Abraham] You can’t. You can’t resolve it from the Mishnah.
[Speaker F] Why? If Tosafot can’t resolve it from the Mishnah, then Rashi too will say that it’s unnecessary. Right.
[Rabbi Michael Abraham] That’s what he says. Because it may be that they interpreted it as having placed it on the ground.
[Speaker F] No, but Tosafot don’t say it was placed on the ground.
[Rabbi Michael Abraham] No—it could be that he placed it on the ground, and therefore you can’t resolve it.
[Speaker F] They simply—Tosafot don’t say that, but they too can assume that maybe there he placed it down.
[Rabbi Michael Abraham] Exactly the same. Whatever you say about Rashi, same thing. He holds like Tosafot.
[Speaker F] Wait, but Rashi—
[Rabbi Michael Abraham] —said it explicitly; Tosafot don’t say it. Right. Tosafot don’t explain every word; Tosafot just illuminate their comments. Here, on this point, he understood it like Rashi—yes, that’s clear. I’ll give you an example so you’ll see what “we do not multiply disputes” means. Today we’re a bit in methodological territory, so I’ll allow myself to drift a little more. There is a dispute—well, there are complicated examples of this, I’ll try a simple one. There are medieval authorities (Rishonim) who discuss the question of a sick person on the Sabbath—time-out, this has nothing to do with our topic. There is a sick person on the Sabbath, and we have two options. He needs to eat meat; the doctors say he must eat meat in order to recover. Now he has two options: either non-kosher meat, pork, whatever; or to slaughter an animal, to slaughter by kosher slaughter an animal and eat kosher meat. What is preferable to do? You need to desecrate the Sabbath. What is preferable to do? Okay? So there are discussions about this among the medieval authorities (Rishonim). There is a long Rosh that brings many views—the Ra’avad, the Ba’al HaMaor, and the Tashbetz—a lot of medieval authorities (Rishonim) talk about this issue. By the way, I once wrote a column about this on my website, and I said that it is litmus paper for identifying pseudo-scholarly householders. The layman, of course, will say: what do you mean? Obviously slaughter. Eat pork? Unthinkable. But eating pork is an ordinary prohibition, while slaughtering on the Sabbath is an offense punishable by stoning. So the simple intuition is, of course, that you should eat pork and not slaughter. That’s the simple intuition. In any case, the medieval authorities (Rishonim) disagreed about this, and the Ran explains there that it is preferable to slaughter rather than feed him pork or other non-kosher meat. Why? And that needs explanation, because this is the non-intuitive view. It’s the layman’s view, but it’s the non-intuitive view. Because pork is a much lighter prohibition than slaughtering on the Sabbath. Okay? So he says, very simply, because suppose he needs to eat a lot of meat—let’s say five olive-bulk portions of meat, okay? How many prohibitions will he violate? If he eats pork, he violates five prohibitions—on each olive-bulk portion he violates a prohibition. But if he slaughters, he violates one severe prohibition once, and from then on everything he eats is permitted. So it’s preferable to violate a prohibition once—a severe prohibition once—rather than many lighter prohibitions. That’s his claim. Quantity is preferable to quality—and a lot of ink has been spilled over this Ran. The thing is, when you look in the Shulchan Arukh, it does not rule according to this Ran in Jewish law. So how do all the later authorities (Acharonim) bring proofs from this Ran that quantity is preferable to quality—sorry, that quality is more important than quantity? After all, it wasn’t ruled that way in Jewish law, and they bring proofs from it in questions that arise in practical Jewish law. The answer is: very often people bring proofs from an opinion that was not adopted as Jewish law. Why? If the reason I did not rule like him in Jewish law is not because of this reasoning but for some other reason, then the assumption is that on this reasoning I do not disagree. I have a different dispute with him. So therefore even a line of reasoning that appears in an opinion that is not accepted as Jewish law can still be used to derive conclusions. Because even the one who disagrees probably does not disagree on that point, since he himself gave a side reason why he disagrees with the Ran. That implies that he did accept this reasoning. And that is exactly the reasoning, exactly the principle, of not multiplying disputes. What does that mean? If I found a certain dispute among medieval authorities (Rishonim) or later authorities (Acharonim) or amoraim, there is no reason to assume there are additional disputes among them. As I said earlier to Noa, right? If Rav and Shmuel disagree about a labor not needed for its own sake and an unintended act, why assume that they also disagree about the classification of the cases—about the facts, not the laws? There is no reason to assume more disputes than those that already exist. Now, of course, you can take this principle as far as you like. You can say that therefore it’s better to reduce every dispute we see to the minimum required. Anything beyond that, I don’t assume there is a dispute unless we have proof of it. But if we don’t have proof, then we reduce the disputes as much as possible. Yes, this is a variation on Ockham’s razor, the principle that says: I choose the simplest explanation unless there is evidence—
[Speaker C] —otherwise.
[Rabbi Michael Abraham] Right? So here too, the Pnei Yehoshua says: in principle, the reasoning is like Tosafot. Now in Rashi it seems otherwise. If I can press Rashi and minimize his dispute with Tosafot—or reduce it to zero, to say they don’t disagree—that is preferable. We do not multiply disputes. We don’t increase disputes beyond what we must. Especially if the view of Tosafot seems to you the more reasonable view. Then to say that Rashi disagrees with it is less plausible. If I have another interpretive way out, I will prefer to explain Rashi so that he does not disagree with Tosafot. Now of course one can argue about this—what counts as simple and how far do we go with it? This is a criterion that is far from being sharp. But there is such an old line of reasoning: we do not multiply disputes beyond what is required. For example, the Gemara itself says in chapter Tolin in tractate Shabbat—the Gemara says that in the entire Oral Torah we do not find a dispute where one tanna says “liable” and the other tanna says “permitted.” It’s either “forbidden” versus “permitted,” or “liable” versus “forbidden.” But “liable” versus “permitted” we have not found. Now, there are objections to this; never mind. But what is the meaning of this principle? Usually there is some reasonable range. If one tanna says that in a certain act there is a Torah-level prohibition, the other tanna will not say that it is entirely permitted. He will say that it is a rabbinic prohibition. And if one tanna says that it is entirely permitted, the other tanna will not say that it is a Torah-level prohibition. He will say it is a rabbinic prohibition. Disputes are generally not from one extreme to the other, because there is some logic here. Nobody here is an idiot. Meaning: if the disputes are so far apart, that means that in my opinion the other one is simply talking nonsense. Not merely making a quantitative error—he is talking nonsense. That is generally not our assumption. Our assumption is usually that the views of intelligent people and Torah scholars will not be so far apart from one another. Okay? That brings us back a bit to things I spoke about at the beginning.
[Speaker C] Can there be “liable” versus “exempt”?
[Rabbi Michael Abraham] Yes, “liable” versus “exempt” can happen, and “exempt” versus “permitted” can happen, but not “liable” versus “permitted.” Again, there are other examples, and the Gemara itself asks about it, but the principle, the starting point, is that this is less plausible. Why? Because it is less plausible that Rabbi Yehuda thinks Rabbi Shimon is talking nonsense. Rabbi Yehuda disagrees with Rabbi Shimon on this point or that point, but it’s not that he is saying absurd things. Okay? To posit a dispute from one extreme to the other requires good evidence. The assumption is that disputes are not extreme, and as much as possible we assume there is no dispute at all. If we can interpret things in a way that there is no dispute at all, and that interpretation is still reasonable, then it is the preferable interpretation. Clear? That is basically the methodological starting point. Okay, back to our topic. What I still want to get done today—
[Speaker F] Sorry, if this principle in the Gemara is expressed in the fact that we try to say that a dispute among tannaim is simply talking about different situations, each one a different interpretive setup of—
[Rabbi Michael Abraham] For example, yes. Now come, I’ll share the sources again. What I just want to finish is really the conceptual aspect of the issue. When the Gemara asks whether lifting of the body counts as a lifting or not, what’s at stake? What are the arguments both ways? Why is there a hesitation? Up to this point we’ve really just been doing bookkeeping—who goes with whom, who fits whom, and what the implications are according to each one. Now I want to ask the conceptual question: where does this come from? What is the reasoning behind the two sides—whether lifting of the body does count as a lifting or does not count as a lifting? What is the point around which this hesitation revolves? What point is it revolving around? So Rabbi Akiva Eiger, on Tosafot on page 2, writes as follows: “As it was taught: if one was loaded with food and drink while it was still day, and brought them outside after dark, he is liable, because lifting of his body is like lifting of an object.” And he says—and he quotes Tosafot—that this is talking about a case where he stopped to rest after dark; yes, we’re talking about a case where he stopped to rest after dark, because if he did not stop, he would not be liable, since the first lifting, which occurred while it was still day, was not nullified. And he mentions that he was loaded while it was still day—I move to the end of the parentheses—and he mentions that he was loaded while it was still day here, because if he had mentioned that he was loaded after dark—meaning, why is it talking there about a burden that was already on him while it was still day, before the Sabbath entered? Why not talk about a case where the load was put on him only after nightfall, on the Sabbath itself?
[Speaker C] So the Gemara is coming to teach us that lifting of the body is considered a lifting.
[Rabbi Michael Abraham] One second, one second. He said—I’m reading Tosafot; you’ve all seen this Tosafot. He said that if it had spoken of someone loaded after dark and then stopped to rest, it would not show that lifting of the body is like lifting of an object. Yes? If it had spoken about after dark and not while it was still day, it would be impossible to infer from that baraita that lifting of the body is like lifting of an object. Why? Because then lifting and setting down of the body would not count as lifting and setting down, and in any case he would be liable because of the first lifting. Right? If this happened on the Sabbath itself and not while it was still day, then even if lifting of the body is not considered a lifting, still he performed the lifting when he loaded himself up. So he would be liable anyway. Therefore that’s irrelevant. Therefore it had to be framed as a case where he was loaded while it was still day. That’s Tosafot; we already saw it, or you already saw it. And Rabbi Akiva Eiger says: “And this is difficult for me, because this is certainly proven from our Mishnah—that when it is resting in his hand, that counts as a setting down for the purpose that one who takes it from his hand has performed a lifting.” Right? We already saw that in Tosafot. Tosafot proved from the Mishnah that when something is resting in my hand and someone takes it from me, this certainly counts as a lifting according to everyone. Even though placing something in the hand is not a setting down, it is still clear that it is considered at rest in the sense that if someone takes it from there, that is called a lifting. That’s what Tosafot noted against Rashi; that was Tosafot’s question against Rashi. We saw that in the previous class. So he says: “Rather, the dilemma is only whether the lifting from the perspective of lifting his body perhaps does not make him liable, since he is not lifting the object from its place, and it remains in its original place.” That’s the key sentence, and I’ll stop here. What does he mean to say? What is the dilemma of lifting of the body? He argues that the reason lifting of the body might not count as a lifting is simply because I didn’t lift the object. It remained in the same place. What is its place? My body. The body. Exactly. Its place is not the ground, not the domain, but the body. And then if the body suddenly starts to move, the object was not lifted; it was on the body and remained on the body. That is to say, Rabbi Akiva Eiger understands that the dilemma whether lifting of the body counts as a lifting or not stems from the view that the place of the object is the body and not the domain. Therefore lifting of the body is not a lifting. That is the explanation of why there was a side in the Gemara that this would not count as a lifting. Clear? In the Gemara’s conclusion, lifting of the body does count as a lifting. Why? Because the object is considered to be resting on the place, not on the body. But the side that says it does not count as a lifting arose from the possibility that the object’s place is considered the body itself and not the ground. That’s how Rabbi Akiva Eiger understood this dilemma, right? Now I’ll ask you: according to Rabbi Akiva Eiger, is there room for Tosafot’s distinction between whether the hand is in the same place as the body or not in the same place as the body?
[Speaker E] No, because wherever the body is, that’s where the hand is.
[Rabbi Michael Abraham] Not relevant, right? It’s not relevant at all. Obviously if there is a dilemma where the hand is with the body, then there would also be one where the hand is not with the body; it makes no difference. Because what matters in the fundamental dilemma, in the question, is whether it is resting on the hand or resting on the ground. And I don’t care whether the hand is in the body’s place or not in the body’s place. Therefore it is clear that the way Rabbi Akiva Eiger understood the dilemma fits only Rashi’s approach, not Tosafot’s approach. Are you with me? According to Tosafot, it is clear that this was not the Gemara’s dilemma. Because if the Gemara’s dilemma simply arose from the question of where I think the object is resting—what counts as the place of the object, the body or the ground—then why should I care whether the hand is in the place of the body or not in the place of the body? At the end of the day, the object is not on the ground but in the hand. So there would be room for the same hesitation both here and there. It makes no difference; the connection between the hand and the body is not relevant according to that formulation. Now look at another formulation. Another formulation appears in the Maharal Tzuntz, to which I linked you because I didn’t print it.
[Speaker D] I didn’t understand that inference. On the contrary: if the hand is in that place, then once the object is in the hand and the hand follows the body, wherever the body is, the object is there.
[Rabbi Michael Abraham] Yes, but the object is on the ground. After all, the basis of—
[Speaker D] Meaning basically it doesn’t matter whether it is—or isn’t—
[Rabbi Michael Abraham] Yes. The dilemma is only whether one needs to move the object from the ground, or whether the movement of the object should be defined in relation to the body or in relation to the hand, not important. But why should it matter whether the hand is in the same place as the body or not? The whole question is only whether, when an object is in the hand, it is considered to be resting on the ground or resting on the body or hand. So the relation between the hand and the body is not important for this.
[Speaker C] The hand is the body.
[Rabbi Michael Abraham] By contrast, in the Maharal Tzuntz—and that’s also what you see in the Hazon Ish—
[Speaker G] Maybe one could say that really the issue is the movement of the object relative to the first domain on which the body is standing. Exactly. Not relative—meaning, it’s like relative velocity with respect to the paving stone, to the ground he is standing on.
[Rabbi Michael Abraham] Exactly. Right. And therefore it doesn’t matter where the hand is relative to the body. The whole question is what determines things: is what determines them the velocity relative to the ground, or the velocity relative to the place where the object is physically located—the hand or the body or something like that? Why should I care whether the hand is in the same place as the body or not in the same place as the body? But the Hazon Ish, and also the Maharal Tzuntz, clearly understood the dilemma differently. They argue that—you see? I’ll read you the Hazon Ish. I’m marking the relevant section here. You see? “But here, lifting of the body is his walking and not an act of bringing out; and nevertheless, the dilemma concerns lifting specifically, because this is not the labor in its normal form, since he did not lift the object but only caused it to go out.” What is the dilemma? What does that mean? That’s the key sentence. What does it mean? The doubt whether lifting of the body counts as a lifting or not arises not from the question of relative to what I measure the movement as relative motion, as Noam said earlier, but from the question whether, when I moved the object, I did it directly to the object itself or only incidentally. I did the labor in an abnormal way, I performed the labor with a change. Clearly I brought the object out of the domain, but in essence lifting of the body is not called—basically, I moved the body, not the object, and the object moved on its own. So true, the object’s movement is measured relative to the ground, but why isn’t that considered a lifting? Because I didn’t grasp the object and lift it; rather, I simply started moving with the body and the object was lifted automatically. That is the problem underlying the side that says lifting of the body does not count as lifting. Do you understand the difference between the two explanations?
[Speaker F] But that’s relevant both to Rashi and to Tosafot.
[Rabbi Michael Abraham] Right. This explanation can definitely fit Tosafot. In fact, more than that—it would apparently fit only Tosafot. Because according to Rashi it’s harder to say this. According to Rashi I would say that if so, then there certainly could be a difference between whether the hand is in the same place as the body—
[Speaker F] —or not in the same place as the body. Why? The main thing is that I did it with my hand.
[Rabbi Michael Abraham] If the hand is not in the same place as the body, then what’s the problem? I lifted it—so I lifted the object. What’s the problem?
[Speaker F] Fine, fine—with the hand. But with the body it’s not clear that it’s a lifting.
[Rabbi Michael Abraham] Exactly. Therefore I think this is almost—
[Speaker F] But for Rashi too there can be a difference, because it’s the difference between doing it with the hand in the normal way.
[Rabbi Michael Abraham] For Rashi I think it’s more difficult, but never mind. In any case, it certainly also works for Tosafot. And the difference is the following: according to Rabbi Akiva Eiger, the side that says lifting of the body is not a lifting is because there was no lifting at all. The object was not lifted; it was in one place and remained in that same place. According to the Hazon Ish, it was certainly lifted—it was in one place and moved to another place, because place is clearly defined relative to the ground according to the Hazon Ish. Rather, what? It was lifted indirectly. I did not lift the object; I started walking and the object was thereby lifted. And that’s a question of doing labor in an abnormal manner, as it were—that’s the point. According to Rabbi Akiva Eiger, no act of lifting was done at all. According to the Hazon Ish, a lifting was done, but it was done in an abnormal way. Clear? And these are basically two formulations that can explain the Gemara’s doubt whether lifting of the body counts as a lifting or not: one of them fits Rashi better, the other fits Tosafot better. Okay, I’ll stop here. At this point we’ve only finished the previous class, but in the next class we’ll return to today’s passage. I’ll add a little more livelihood for you. Thank you very much.
[Speaker F] Thank you very much. Sabbath peace.