חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

The Laws of the Melachot – Lesson 25

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

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 end of the semester and the scope of the lecture
  • Indirect extinguishing on the Sabbath and the dispute between Rabbi Yosei and the Rabbis
  • The chapter Kira, Rashi, and the distinction between hastening extinguishing and indirect extinguishing
  • The halakhic ruling: the Rif, Maimonides, the Shulchan Arukh, and the Rema
  • Understanding the Rema: in a case of loss, rabbinic versus Torah-level, and implications for defining the dispute
  • A difficulty from the Rema versus the chapter Kira and the Talmud’s assumption
  • Bava Kamma: fanning a fire and the wind fanning it, winnowing and wind assisting him, and Rav Ashi’s distinction
  • Rashi: intentional labor as a stringency and the idea that his intention was fulfilled
  • The Rosh: limiting liability to labors normally done with wind, and two ways of understanding him
  • A contradiction between the passages: Rashi versus the Rosh, and explaining them in line with Rabbi Yosei or the Rabbis
  • Watermills on the Sabbath: Even HaOzer versus Magen Avraham
  • The Achiezer: explaining Even HaOzer through intentional labor and labors normally done indirectly
  • The Yeshuot Yaakov: liability for indirect action when intentional, and reconciling indirect extinguishing through lack of intent
  • Levels of indirect action and distinctions among later authorities: the person’s involvement in the act versus full indirectness
  • Beitzah 22: Tosafot and the Rosh on drawing from a lamp, and the distinction regarding touching the burning object
  • The Avnei Nezer’s comment on extinguishing as preserving the fuel material
  • Indirect causation, prohibitions of action and prohibitions of result, and the exposition “doing is what is forbidden, but indirect causation is permitted”

Summary

General Overview

The text states that the lecture was initially understood to be the last one because the semester was ending on Wednesday, and then it turns out there are classes next week as well. Within that framework, a halakhic and conceptual picture is built around indirect extinguishing and indirect causation on the Sabbath through passages in tractates Shabbat and Bava Kamma. Different readings are presented of Rabbi Yosei and the Rabbis, the rulings of the Rif, Maimonides, and the Shulchan Arukh versus the Rema’s addition of “in a case of loss,” and the implications for the question whether indirect causation is forbidden on a Torah level or only rabbinically. Later, the confrontation in Bava Kamma is presented between fanning a fire and the wind fanning it further, where in tort law one is exempt, and winnowing with the wind assisting him, where on the Sabbath one is liable. The approaches of Rashi and the Rosh are clarified in understanding “the Torah forbade intentional labor,” and their implications for a dispute among later authorities between Even HaOzer and Magen Avraham regarding watermills on the Sabbath. In the end, different ways are brought to reconcile the contradictions between the passages, including distinctions in intention, in levels of indirect causation, and between prohibitions of action and prohibitions of result. Finally, the information about the date of the semester’s end is corrected.

The End of the Semester and the Scope of the Lecture

The speaker says that as he understood it, the semester ended on Wednesday, so next Thursday there would be no lecture, and he presents this lecture as an attempt to finish the topic of indirect causation. Later he is told that there are classes next week, and an additional lecture is set for Thursday. It is quoted that it says “until the third of July,” and it is explained that this probably means inclusive. The speaker says the confusion came from a message he got yesterday saying it was until Wednesday.

Indirect Extinguishing on the Sabbath and the Dispute Between Rabbi Yosei and the Rabbis

The speaker presents the passage about indirect extinguishing in the chapter “All the Sacred Writings” and explains that on the simple reading, the dispute over “a person is alarmed about his property” narrows the discussion to a rabbinic law, so that according to Rabbi Yosei indirect extinguishing is rabbinically forbidden, while according to the Rabbis it is permitted. The speaker says the flow of the Talmud allows another reading, that in the conclusion they retreat from “a person is alarmed about his property,” and the discussion returns to being built as a Torah prohibition through placing indirect causation in erasing the Divine Name into a different dispute. Therefore one can understand Rabbi Yosei and the Rabbis as a Torah-level dispute over whether indirect extinguishing incurs liability or is permitted or merely not liable. The speaker states that there remains a possibility that at least according to Rabbi Yosei, indirect causation is forbidden on a Torah level, and he marks this as significant for what follows.

The Chapter Kira, Rashi, and the Distinction Between Hastening Extinguishing and Indirect Extinguishing

The speaker brings the Talmudic discussion in the chapter Kira in Shabbat 47 and presents Rashi’s approach distinguishing between hastening its extinguishing and indirect extinguishing, where in the conclusion indirect extinguishing is permitted and the discussion focuses on hastening extinguishing. He concludes that this fits the straightforward reading of the passages in tractate Shabbat, that indirect extinguishing is permitted at least according to the Rabbis, and that even in Rabbi Yosei’s view the prohibition can be understood as rabbinic. In this way he presents a basic reconciliation according to which in both passages indirect causation is permitted.

The Halakhic Ruling: the Rif, Maimonides, the Shulchan Arukh, and the Rema

The speaker says that almost all the halakhic decisors rule that indirect extinguishing is permitted, and he lists the Raavad, Nachmanides, and others, and quotes the Rif: “And the Jewish law does not follow Rabbi Yosei, who holds that indirect extinguishing is forbidden,” concluding that it is permitted, and that the term “forbidden” there naturally means a rabbinic prohibition. He quotes Maimonides, Laws of the Sabbath chapter 12, that it is permitted to make a barrier with vessels because of a fire, even new earthenware vessels filled with water, even though they will certainly split and extinguish, and explains that Maimonides’ reasoning is that “indirect extinguishing is permitted.” He brings the Shulchan Arukh, which permits spreading a kid-skin over a chest and making a barrier with vessels, even new earthenware filled with water, because “indirect extinguishing is permitted,” and emphasizes that the Rema adds “in a case of loss,” from which a picture emerges that the permission is limited to financial loss.

Understanding the Rema: in a Case of Loss, Rabbinic Versus Torah-Level, and Implications for Defining the Dispute

The speaker explains that the Rema implies that indirect extinguishing is permitted only in a case of loss, and therefore halakhically indirect extinguishing is forbidden where there is no loss. He states that this understanding does not mean we rule like Rabbi Yosei, but rather that the dispute between Rabbi Yosei and the Rabbis is placed in a case of loss: the Rabbis permit indirect causation in order to save from loss, while Rabbi Yosei forbids it even there, and where there is no loss everyone forbids indirect extinguishing. The speaker argues that if Rabbi Yosei forbids it only rabbinically, it turns out that the dispute is not about indirect extinguishing itself, but only about whether there is permission in a case of loss, and he says this is strange because the Talmud defines the dispute as being about indirect extinguishing. The speaker suggests that a more reasonable reading according to the Rema is that Rabbi Yosei forbids it on a Torah level, and therefore there is no permission even in a case of loss, while the Rabbis see it as a rabbinic prohibition and therefore permitted it in a case of loss. Thus the loss is an implication of the severity of the prohibition, not the fundamental subject of the dispute. The speaker concludes with two points: according to Rabbi Yosei, in the Talmud’s conclusion indirect extinguishing is a Torah prohibition, and even according to the Rabbis, indirect extinguishing is forbidden where there is no loss, and only in a case of loss was it permitted.

A Difficulty from the Rema Versus the Chapter Kira and the Talmud’s Assumption

The speaker raises a difficulty that from the passage in the chapter Kira it seems that if they prohibited the matter, that must be according to Rabbi Yosei, even though the discussion there is later rejected as referring to hastening extinguishing. This apparently does not fit with the Rema, according to whom even the Rabbis forbid indirect extinguishing where there is no loss. He suggests one could say that there too it is dealing with concern for loss because of sparks that might burn something, and therefore the Talmud assumed it was specifically according to Rabbi Yosei and not according to the Rabbis.

Bava Kamma: Fanning a Fire and the Wind Fanning It, Winnowing and Wind Assisting Him, and Rav Ashi’s Distinction

The speaker moves to the passage in Bava Kamma about fanning a fire and the wind fanning it, and states that the Talmud exempts in tort law because this is indirect causation and the wind carried the fire to cause damage. He quotes the Talmud’s difficulty from winnowing and wind assisting him, where in the laws of the Sabbath one is liable, and brings Rav Ashi’s answer: “That applies only regarding the Sabbath, for the Torah forbade intentional labor, but here it is merely indirect causation, and in tort law indirect causation is exempt.” He emphasizes that Rav Ashi’s words yield a special rule on the Sabbath that imposes liability even when the wind assists, unlike tort law where indirect causation is exempt.

Rashi: Intentional Labor as a Stringency and the Idea That His Intention Was Fulfilled

The speaker explains that intentional labor usually comes to exempt in cases like unintentional action, preoccupation, a labor not needed for its own purpose, and destructive action, while here it is brought as a stringency. He explains according to Rashi that in winnowing, the person plans the wind in advance as part of the action, and therefore “his intention was fulfilled and he is pleased that the wind assists him,” so he is liable even though this is indirect causation. He compares this to the passage about destructive action in injury and kindling, where there is liability because there one does not need intentional labor, and raises the possibility that in fanning a fire and the wind fanning it further in the laws of the Sabbath, in the context of kindling, there is room to say one would be exempt by the logic he is presenting, because there is no requirement of intentional labor in wounding and kindling, so the mere fact that his intention was fulfilled is not enough to impose liability for indirect causation.

The Rosh: Limiting Liability to Labors Normally Done with Wind, and Two Ways of Understanding Him

The speaker quotes the Rosh in Bava Kamma, who distinguishes between tort law and the Sabbath and adds that winnowing is considered as though he did the labor alone because “the Torah forbade intentional labor,” but he emphasizes that the Rosh limits this to a labor “whose main performance is by means of wind.” He suggests two possibilities for understanding the Rosh. One possibility is that the rule of intentional labor imposes liability only in labors whose normal manner is to be done by wind. A second possibility is that “the Torah forbade intentional labor” here means that the Torah forbade the labors of the Tabernacle, and then one needs proof that winnowing with wind existed in the Tabernacle, something that becomes stronger only if that is the only way to winnow. He sharpens a practical difference regarding labors in which indirect causation is a normal method but not the only one, and sets up as a future example grinding in a watermill on the Sabbath.

A Contradiction Between the Passages: Rashi Versus the Rosh, and Explaining Them in Line with Rabbi Yosei or the Rabbis

The speaker states that according to Rashi there emerges a contradiction between Bava Kamma, which imposes liability for indirect causation on the Sabbath, and the passages in tractate Shabbat whose conclusion is that indirect extinguishing is permitted or at most a rabbinic prohibition. He says this can be reconciled if we adopt the possibility that on the Sabbath Rabbi Yosei forbids indirect causation on a Torah level, and then Rashi in Bava Kamma is speaking according to Rabbi Yosei’s view, which is not accepted as Jewish law. He notes that this is a difficult assumption, because then Rashi would be interpreting a passage according to a rejected position. He presents that according to the Rosh there is no problem, because indirect causation on the Sabbath is generally permitted, and only winnowing or labors similar to it, where wind is the method of the labor, will incur liability.

Watermills on the Sabbath: Even HaOzer Versus Magen Avraham

The speaker brings a dispute among later authorities over placing wheat into a watermill on the Sabbath when the water turns and grinds. He says Even HaOzer forbids it and defines it as Torah-level liability even though it is indirect causation, while Magen Avraham disagrees and permits it because indirect causation on the Sabbath is permitted even where there is no loss. He argues that Even HaOzer’s reasoning fits specifically with the Rosh and not with Rashi, because Even HaOzer bases it on the fact that this is the normal way of grinding, similar to winnowing with wind assisting him, and he sharpens that Even HaOzer understands that it is enough that this be a normal method, not that it be the exclusive method.

The Achiezer: Explaining Even HaOzer Through Intentional Labor and Labors Normally Done Indirectly

The speaker quotes the Achiezer, who brings Even HaOzer as imposing liability and gives proof from Bava Kamma 60, from winnowing and wind assisting him. The Achiezer raises the point that winnowing is a labor whose very nature is done that way, and he adds examples like winnowing, baking, and trapping as labors normally done through indirect means. The Achiezer explains that “the Torah forbade intentional labor” means that when the labor is carried out in this manner and this is the way grinding is done, even though one can still grind by hand, it is nevertheless intentional labor and one is liable. He distinguishes this from indirect extinguishing in Shabbat 120, which is defined as a case that occurs incidentally. The speaker presents that the Achiezer frames the dispute between Even HaOzer and Magen Avraham as a question of how to understand the Rosh: whether a normal method is enough to impose liability for indirect causation, or whether it must be the exclusive method.

The Yeshuot Yaakov: Liability for Indirect Action When Intentional, and Reconciling Indirect Extinguishing Through Lack of Intent

The speaker quotes from Yeshuot Yaakov in the name of responsa by his grandson on the Shiltei HaGiborim, that indirect extinguishing is exempt specifically when it is not intended, but when intended one is liable for extinguishing because “it is intentional labor, for one is liable even for indirect causation, as explained in Bava Kamma 60.” He explains that this approach tries to say that Rashi is not limited to Rabbi Yosei, and that even the Rabbis agree to liability in winnowing with wind assisting him, and the difference from indirect extinguishing is that in extinguishing there is no direct intention to extinguish but to achieve some other goal. The speaker objects that in the case of vessels full of water to stop a fire there is a clear intention to stop the fire, and suggests a possible resolution that the intention is to stop it rather than to extinguish it, even though extinguishing will certainly happen when the vessels split. The speaker goes into the question of an inevitable result and explains that the lack of intention here is not an independent exemption but a condition for not saying “his intention was fulfilled” so as to create liability for indirect causation, and therefore even in an inevitable-result case, the intention to extinguish is still missing for creating intentional labor in this sense.

Levels of Indirect Causation and Distinctions Among Later Authorities: the Person’s Involvement in the Act Versus Full Indirectness

The speaker presents another way to reconcile the contradiction between winnowing with wind assisting him and indirect extinguishing: in winnowing there is a direct human action as part of the labor and the wind only completes it, whereas with vessels full of water the person does not perform the extinguishing act at all, but merely places them there and leaves, and the extinguishing happens on its own. He remarks that according to this distinction it is harder to explain why the Talmud gave the reason of intentional labor rather than the very fact of the human involvement in the action, and suggests that intentional labor, in the sense that his intention was fulfilled, is a necessary but not sufficient condition, and one also needs some act performed by the person.

Beitzah 22: Tosafot and the Rosh on Drawing from a Lamp, and the Distinction Regarding Touching the Burning Object

The speaker brings the passage in Beitzah 22 about “one who draws from it is liable because of extinguishing,” liable for extinguishing, and quotes Tosafot, who refuse to explain this as merely hastening a future extinguishing, because that would be indirect extinguishing, which is permitted on a Jewish holiday, and on the Sabbath one would not be liable. Instead they explain that the liability is because at that very moment he extinguishes a little and dims its light, and therefore it looks like extinguishing. He quotes the Rosh, who explains the opposite, that Tosafot rejected this, and that the liability is because he hastens its extinguishing, but he limits the permission of indirect extinguishing to a case where one does not touch the burning object itself, but rather does some external thing that will cause extinguishing when the fire reaches it, whereas with the oil and the wick, which are causes of the burning, one who reduces them and hastens the extinguishing is liable. The speaker notes that this resembles the distinction made by later authorities between indirect causation that involves touching and involvement in the factors of combustion, and external indirect causation.

The Avnei Nezer’s Comment on Extinguishing as Preserving the Fuel Material

The speaker cites in the name of Avnei Nezer the possibility that the Rosh in Beitzah is not speaking about levels of indirect causation, but rather that removing the oil is direct extinguishing, because all the oil is considered part of the burning system, and the moment the oil is removed it is no longer burning. He formulates that the definition of the labor of extinguishing may be preserving the fuel material rather than removing the flame, and notes that one still needs to understand how this fits with the concept of a labor not needed for its own purpose, where extinguishing is connected with wanting the coals.

Indirect Causation, Prohibitions of Action and Prohibitions of Result, and the Exposition “Doing Is What Is Forbidden, but Indirect Causation Is Permitted”

The speaker suggests another approach according to which extinguishing is a labor of action defined as bringing the time of extinguishing closer, and therefore when it is done indirectly there is no action attributed to the person, whereas winnowing is a labor of result in which the prohibition relates to the result of separating the chaff from the grain, and therefore if the result was achieved as part of his plan, liability exists even with the help of the wind. He says that some later authorities define the exemption of indirect causation as belonging mainly to prohibitions of action and not to prohibitions of result, and he sets this against the Talmud’s formulation in Shabbat, “doing is what is forbidden, but indirect causation is permitted,” which fits the understanding of a prohibition of action. He also presents the opposite possibility, which emphasizes attributing the result to the person as the basis of the exemption, and explains that the conclusions change depending on whether indirect causation exempts because there is no action or because the result is not attributed to him. He connects this to the question raised about bread in an oven and to the discussion whether liability depends on the action or on the time of the result, and notes that this is discussed by later authorities.

Full Transcript

[Rabbi Michael Abraham] Okay, contrary to what I thought, it turns out that the semester ends on Wednesday, not Thursday. Meaning, that means next Thursday there’s no lecture anymore, this lecture is the last lecture. So I’ll shorten a bit what I had planned regarding indirect causation, and I’ll complete the, I’ll try to finish the topic today. We saw the Talmud about indirect extinguishing, Rabbi Yosei and the Rabbis regarding indirect extinguishing in the chapter “All the Sacred Writings.” We saw there that on the simple reading of the Talmud, in the conclusion there’s an argument there about whether a person is alarmed about his property, and that’s only an argument about rabbinic law: according to Rabbi Yosei indirect extinguishing is rabbinically forbidden, and according to the Rabbis it’s permitted. I said that when you look at the flow of the Talmud, maybe that isn’t correct, because in the Talmud’s conclusion we went back from the idea of a person being alarmed about his property, and it went back to being essentially a Torah prohibition. Because in the Talmud’s conclusion they set indirect causation in erasing the Divine Name into a different dispute, whether it is permitted to stand naked facing the Name or various things like that, and therefore you can go back again to the dispute between Rabbi Yosei and the Rabbis and understand it as a Torah-level dispute: whether indirect extinguishing incurs liability, or is permitted, or does not incur liability. So there is also a possibility to understand the passage such that indirect causation, according to Rabbi Yosei at least, is forbidden on a Torah level. We’ll see later why that’s significant. After that we saw the Talmud in the chapter Kira in Shabbat 47, and there we saw Rashi’s approach, which distinguishes between hastening extinguishing and indirect extinguishing. But in the conclusion it comes out that indirect extinguishing really is permitted, and the whole discussion is only about hastening extinguishing. Therefore apparently this fits with what we saw in the Talmud in tractate Shabbat, where the Talmud says that indirect extinguishing is basically permitted, at least according to the Rabbis, and even according to Rabbi Yosei the prohibition is only rabbinic, not a Torah prohibition. But in principle the passages are reconciled: in both passages it emerges that indirect causation is permitted. Now regarding the halakhic ruling, in the actual ruling it does seem that almost all the decisors rule that indirect extinguishing really is permitted. The Raavad, Nachmanides, and others. In the Rif, for example, it’s written — maybe I’ll bring it here, I’ll share the file. The Rif writes: “And the Jewish law does not follow Rabbi Yosei, who holds that indirect extinguishing is forbidden.” So what does follow? That it’s permitted. And the very term “forbidden” naturally means a rabbinic prohibition. And also Maimonides, Laws of the Sabbath chapter 12: “And it is permitted to make a barrier with all vessels, whether full or empty, so that the fire will not pass, and even new earthenware vessels full of water may be used to make a barrier, even though they will certainly split and extinguish, because indirect extinguishing is permitted.” Right, so Maimonides too rules that indirect extinguishing is permitted. Also the Shulchan Arukh: “A chest that fire has seized, one may spread a kid-skin over its other side so that it will not burn; one may make a barrier with all vessels to separate the fire, and even new earthenware vessels full of water, which will certainly split when the fire reaches them, because indirect extinguishing is permitted.” But here the Rema adds: “in a case of loss.” That changes the picture a bit. In other words, the Rema is really saying: it’s not that we rule that indirect extinguishing is permitted; we rule that indirect extinguishing is permitted in a case of loss. Which implies that as a matter of Jewish law, ordinary indirect extinguishing is basically forbidden. So what, do the decisors rule like Rabbi Yosei, that indirect extinguishing is forbidden? No. They rule like the Rabbis, that indirect extinguishing is permitted, only they place the dispute between the Rabbis and Rabbi Yosei specifically in a case of loss. There is a fire, the fire threatens damage, and because of concern for the loss, the Rabbis permit extinguishing indirectly, whereas Rabbi Yosei forbids extinguishing indirectly even when there is concern for loss. Meaning, the whole argument is only about whether they permitted indirect extinguishing in a case of loss. But there is no dispute — according to everyone, indirect extinguishing is forbidden where there is no loss. That is, there is a prohibition on indirect extinguishing as well. Now here there is room to discuss, because I said there are really two ways to read the Talmud’s conclusion. Whether in the Talmud’s conclusion Rabbi Yosei is talking about a rabbinic prohibition or a Torah prohibition. Now if I understand it as a rabbinic prohibition, then it comes out that the dispute between the Rabbis and Rabbi Yosei is not really about indirect extinguishing at all. It is only about whether indirect extinguishing is permitted in a case of loss or not. But then that really does make the Talmud strange, because the Talmud says that the dispute is about indirect extinguishing. The dispute is not about… meaning, basically, the passage is about the issue of indirect extinguishing itself. Therefore it makes more sense that if we really read it like the Rema — which is the Mordechai, right? — then Rabbi Yosei, when he forbids indirect extinguishing, probably forbids it on a Torah level. And therefore he holds that they did not permit it even in a case of loss, because it is a Torah prohibition. And the Rabbis, who permit it but only in a case of loss, probably understand that it is a rabbinic prohibition, and in a case of loss they permitted it. So it comes out like this: the dispute between the Rabbis and… according to the Rema… the dispute between the Rabbis and Rabbi Yosei is indeed about whether they permitted indirect extinguishing in a case of loss. But underlying that dispute, or at the base of that dispute, is the question why indirect extinguishing is forbidden at all, or what the force of the prohibition is. According to Rabbi Yosei it is a Torah prohibition, so they did not permit it in a case of loss. According to the Rabbis it is a rabbinic prohibition, so they did permit it in a case of loss. So the foundation of the dispute really is about indirect extinguishing: is it Torah-level or rabbinic? And if that’s so, then it works better in the Talmud, because the dispute really is a dispute about indirect extinguishing, not a dispute about what to do in a case of loss. The loss is only a consequence. If the prohibition is Torah-level, then they did not permit it in a case of loss, and if the prohibition is rabbinic, then they did permit it in a case of loss. And then two things come out of this. First, according to Rabbi Yosei, in the Talmud’s conclusion the prohibition of indirect extinguishing is a Torah prohibition and not a rabbinic prohibition. And second, where there is no loss, even the Rabbis agree that indirect extinguishing is forbidden. It is only in a case of loss that they permitted it. But indirect extinguishing is basically forbidden rabbinically. Okay, as a matter of Jewish law, and that is a very, very big practical difference, because that’s what the Rema says: what they permitted regarding indirect extinguishing — we rule like the Rabbis — is only in a case of loss. If it isn’t a case of loss, they did not permit it. In the Rif it doesn’t sound that way, right? The Rif writes: “And the Jewish law does not follow Rabbi Yosei, who holds that indirect extinguishing is forbidden.” So what then? Indirect extinguishing is permitted. He doesn’t mention anything about loss. Okay, and also in Maimonides, although he brings the case, yes, that even though they certainly split and extinguish — in the case itself you could say that because there was loss, therefore it’s permitted — but his reasoning is that indirect extinguishing is permitted. That’s Maimonides’ reasoning. He doesn’t write that it’s because in a case of loss they permitted it. “Indirect extinguishing is permitted.” So it seems that the Rif, Maimonides, and the Shulchan Arukh permit indirect extinguishing entirely, not only in a case of loss. And therefore according to the Rabbis there is no prohibition at all. According to Rabbi Yosei it remains open — either a rabbinic prohibition or a Torah prohibition. According to the Rema, ordinary indirect extinguishing is forbidden according to everyone. The dispute between the Rabbis and Rabbi Yosei is what happens in a case of loss, and there we rule like the Rabbis, who permitted it in a case of loss. Rabbi Yosei forbids it even in a case of loss. There are two ways, according to the Rema and the Mordechai, to understand the dispute between the Rabbis and Rabbi Yosei. One could say that the dispute is this: they both agree that it is a rabbinic prohibition, and the dispute is whether they permitted it in a case of loss. Then it comes out that the dispute doesn’t touch indirect extinguishing at all. They both agree that there is a rabbinic prohibition on indirect extinguishing; the question is whether they permitted it in a case of loss or not. That doesn’t sound like the Talmud. It makes more sense to say that the dispute really is about indirect extinguishing, namely about the strength of the prohibition of indirect extinguishing: according to Rabbi Yosei it is Torah-level, according to the Rabbis it is rabbinic. The practical difference is what happens in a case of loss. And that is the dispute there in the Talmud: according to Rabbi Yosei, since it is a Torah prohibition, they did not permit it in a case of loss. According to the Rabbis, since it is a rabbinic prohibition, they did permit it in a case of loss. So even though the dispute is whether they permitted it in a case of loss, it reflects a dispute that is a dispute about indirect extinguishing, not about loss. Therefore I think this fits the Talmud better, that the dispute is really a dispute about indirect extinguishing, not a dispute about what to do in a case of loss. The loss is only a consequence. If the prohibition is Torah-level, then they did not permit it in a case of loss, and if the prohibition is rabbinic, then they did permit it in a case of loss. Why am I bringing all this up, besides just to know the Jewish law? Because you see here that the possibility remains — as I noted in the Talmud — the possibility remains that in the conclusion, when Rabbi Yosei forbids indirect extinguishing, this is a Torah prohibition. When the Talmud explained it from the fact that a person is alarmed about his property, it explained it as a rabbinic prohibition. But according to Rabbi Yosei, in the Talmud’s conclusion it seems that it may be a Torah prohibition, not a rabbinic prohibition. And I think that according to the Rema that’s almost certainly the case. In the Talmud itself I said there’s such a possibility, but from the Rema it seems almost certain that that’s the issue. Now we should comment a bit on this Rema, because in the passage in the chapter Kira, where one places water under the lamp, the Talmud says that from the fact that they see it is forbidden to do that, that must be according to Rabbi Yosei. And then they reject that and say it’s hastening extinguishing and not indirect extinguishing, but in the initial assumption they thought it was indirect causation. Apparently this doesn’t fit the Rema, because the Rema says that even according to the Rabbis, indirect extinguishing is forbidden; all they permitted was only in a case of loss. So why does the Talmud in the chapter Kira assume that if they forbade indirect extinguishing, that must be Rabbi Yosei? Why? The Rabbis also forbade indirect extinguishing — they only permitted it in a case of loss. And on the simple level there, it doesn’t sound like a case of loss; it’s not to stop a fire. True, maybe we are concerned about those sparks, right? We’re concerned that the sparks will burn something there, and maybe there too it is a case of loss, and therefore the Talmud assumed that it goes specifically according to Rabbi Yosei and not according to the Rabbis. Okay, so those are the comments. Now I want to move to the passage in Bava Kamma that we already encountered in the past, and now I want to go into a bit more detail. The Talmud says — the Talmud discusses there what happens in winnowing, sorry, in fanning a fire and the wind fanning it further. This is a passage in Bava Kamma and it deals with tort law. So the Talmud says: if one fanned a fire and the wind fanned it further, he is exempt. Right, if I fan the fire and the wind fans it even more, and then the fire goes and causes damage. So when I lit the fire, that was only indirect causation; the wind took the fire and caused the damage, and therefore I’m exempt. The Talmud asks: how is that different from winnowing with the wind assisting him? And in the laws of the Sabbath, in winnowing with the wind assisting him, one is liable, even though the wind really did it and I’m only the indirect cause. So how can you tell me that in fanning a fire and the wind fanning it further, in tort law one is exempt, when in winnowing with the wind assisting him, in the laws of the Sabbath, one is liable? That’s the Talmud’s question. Four answers are brought there from four amoraim. The fourth amora is Rav Ashi, who says as follows: Rav Ashi said, “When we say winnowing and the wind assists him, that applies only regarding the Sabbath, for the Torah forbade intentional labor, but here it is merely indirect causation, and in tort law indirect causation is exempt.” So Rav Ashi distinguishes between winnowing and the wind assisting him, which is a rule in the laws of the Sabbath, where one is liable because the Torah forbade intentional labor, and fanning a fire and the wind fanning it further, which is a rule in tort law, and in tort law indirect causation is exempt. Now what exactly is written in Rav Ashi’s words? First of all, it seems there is a special rule here on the Sabbath. There is an exemption of indirect causation throughout the Torah, and especially also in tort law, and in the laws of the Sabbath, because the Torah forbade intentional labor, there is liability there — even though you acted indirectly, you are liable. Why are you liable? Usually the principle that the Torah forbade intentional labor is a principle that comes to exempt. For example, unintentional action, preoccupation, a labor not needed for its own purpose — in some of them it’s a dispute among medieval authorities (Rishonim), but in all these the Talmud brings the principle that the Torah forbade intentional labor. Or destructive action — the exemption for destructive action: “the Torah forbade intentional labor” means that in order to be liable under the laws of the Sabbath, a higher threshold standard is required, because the Torah forbade intentional labor — it’s not like the rest of Torah prohibitions. Therefore a labor not needed for its own purpose is exempt, unintentional action is exempt, preoccupation is exempt, and so on. Here Rav Ashi comes to explain liability in the laws of the Sabbath, not exemption in the laws of the Sabbath. Winnowing with the wind assisting him is liable — why? Because the Torah forbade intentional labor. Meaning, here this is the only place in the Talmud where the principle of intentional labor is brought as a stringency, not as a leniency. The threshold for liability is lower. Rashi explains: because his intention was fulfilled, and he is pleased that the wind assists him. A person who winnows — right, he throws the kernels and the chaff into the air, and then the wind comes, carries off the chaff, and the kernels fall down. Rashi says: this wasn’t accidental, that the wind happened to come and then this happened for him. He planned all this in advance. He threw it upward so that the wind would carry away the chaff and the kernels would fall down. In other words, his intention was fulfilled. And there is a principle in the laws of the Sabbath: the Torah forbade intentional labor. What does that mean? Even if your action here was done indirectly, since the original plan was for this to happen, and the wind was part of that plan, it was integrated into that plan, and indeed what you intended was realized — therefore you are liable. In this context, intentional labor is a consideration for stringency: even though under the general laws of indirect causation throughout Torah I should have been exempt, in the laws of the Sabbath, if your intention was fulfilled, even though you did it indirectly — but if that itself was your plan from the outset — that is enough. And it is enough to impose liability even though it is indirect causation. That is how it seems from Rashi. For example, in this context we saw that destructive action in injury and in kindling is liable, right? In the passages about destructive action. I spoke about the fact that destructive action in injury and kindling is liable. Why is it liable? Because in injury and kindling you don’t need intentional labor. Even without it being intentional labor you are liable. Therefore in injury and in kindling, even if you are acting destructively — where in principle you should have been exempt — you will still be liable. Now I ask: what would the law be if I do kindling with the help of wind? Not in tort law — on the Sabbath. Fanning a fire and the wind fanning it further in the laws of the Sabbath, not in the laws of torts. What would the law be in such a case? What do you say according to Rashi? Exempt. Since there is no requirement of intentional labor in wounding and kindling. So true, usually the absence of a requirement of intentional labor is a stringency. In our case, the absence of a requirement of intentional labor is a leniency. Because if there were a rule of intentional labor here, then even if you did it with the help of the wind you would be liable, because in the end your intention was fulfilled. But if in wounding and kindling there is no rule of intentional labor, then if you did it indirectly — true, your intention was fulfilled — but the fact that your intention was fulfilled is not enough to make me liable, because in wounding and in kindling there is no rule of intentional labor, so we go back to the rest of Torah law, where indirect causation is exempt. Okay, so with wounding and kindling this point will come out leniently. The Rosh there on that Talmudic passage in Bava Kamma says: “And we do not say that even though the wind assisted in producing the fire, it is as if he did it alone, similar to winnowing with the wind assisting him, which we regard as if he did the labor alone.” Right, he says we do not say that in tort law, with fanning a fire and the wind fanning it further, it is considered that he kindled the fire just like winnowing with the wind assisting him. Why not? “For there” — like Rashi — “for there the Torah forbade intentional labor, and even though it is only indirect causation, the Torah imposed liability in such a case, since the main way this labor is done is by means of wind. But here it is merely indirect causation, and in tort law indirect causation is exempt.” That sounds very similar to Rashi. But it isn’t like Rashi. Why? He limits it specifically to the labor of winnowing — do you notice?

[Speaker C] And the essence of the labor is with the wind. Right.

[Rabbi Michael Abraham] Meaning, unlike Rashi, he does not learn from here a general principle: all Sabbath labors, even if they are done indirectly by means of wind, you are still liable. Okay? That’s the principle Rashi learns from here. The Rosh says no, no — this is a principle stated specifically about the labor of winnowing. Why?

[Speaker D] Because that’s the definition of the labor.

[Rabbi Michael Abraham] Yes, because that is the normal way to do the labor of winnowing, by means of wind. And therefore, in the labor of winnowing, so what if you did it by means of wind? So why does the Talmud say here “the Torah forbade intentional labor”? After all, that’s what it says in the Talmud. The Rosh has to explain the Talmud for us. Rashi explains it not because in winnowing that’s the usual way, but because the Torah forbade intentional labor. The simple meaning of the Talmud is Rashi, not the Rosh. If the Rosh says this was said specifically about the labor of winnowing, then he has to explain to us why Rav Ashi makes it depend on the fact that the Torah forbade intentional labor, which sounds like a general principle. Maybe it can be understood in two ways. It could be that he holds that the principle of intentional labor was said only for labors of this sort, where indirect causation is the normal way to do them. It is still learned from intentional labor. Without intentional labor we would not impose liability even in a labor for which that is the normal way to do it, because in the end I didn’t actually do it. Fine? But since it was said that the Torah forbade intentional labor regarding prohibited labor on the Sabbath, therefore in those labors in which there is a normal way to do them by means of wind, in those labors the rule of intentional labor tells me that I am liable. So it is not necessarily only winnowing, but only labors whose normal manner is to be done by means of wind. Okay? A second possibility is to say it like this: “the Torah forbade intentional labor” means — you remember, intentional labor is a verse said about the labor of the Tabernacle, not about Sabbath labor. Right? “All manner of intentional labor” — intentional labor is the Tabernacle. The opening of Parashat Vayakhel places the section of the Tabernacle next to the section of the Sabbath, and from here they learn that the labors that were in the Tabernacle are the very labors prohibited on the Sabbath. So what does that really mean? It could be that what Rav Ashi says, “the Torah forbade intentional labor” — what does he mean? The labors prohibited on the Sabbath are those same labors that were done in the Tabernacle. “The Torah forbade intentional labor” — the Torah prohibited on the Sabbath those labors that were in the Tabernacle. Okay, that’s what he means to say. And then what? Winnowing with the help of wind was in the Tabernacle. So if it was in the Tabernacle, and after all the Torah forbade intentional labor, meaning what was in the Tabernacle is what the Torah prohibited on the Sabbath, therefore it is forbidden. He does not mean “the Torah forbade intentional labor” as the legal principle of intentional labor that exempts in destructive action or in preoccupation or in unintentional action and the like. No. He says “the Torah forbade intentional labor” means the Torah prohibited those labors that were in the Tabernacle, in which the phrase intentional labor was said. Only that intentional labor which was in the Tabernacle, the Torah prohibited on the Sabbath. That is what he means to say. And then what? Since winnowing with the help of wind was in the Tabernacle, because that is how one does winnowing, then all the labors that were in the Tabernacle are prohibited on the Sabbath, and therefore winnowing with the wind assisting him is prohibited on the Sabbath.

[Speaker D] So that takes away Rashi’s reasoning altogether, that his intention was fulfilled?

[Rabbi Michael Abraham] Yes. According to the Rosh there is no such reasoning, since no rule of intentional labor is being brought here. He uses the expression “the Torah forbade intentional labor” to mean that the Torah prohibited that same labor that was in the Tabernacle, that intentional labor which was in the Tabernacle. Now winnowing with wind was in the Tabernacle, so that is prohibited. Notice that according to the Rosh, this example really is not an unusual example. I said that according to Rashi it comes out that the use of the rule of intentional labor in this passage is unusual. Usually the rule of intentional labor comes to be lenient: Sabbath labor that is not intentional labor cannot be prohibited. Here the rule of intentional labor comes to be stringent. According to the Rosh, no — because here we are not speaking about the rule of intentional labor at all. When they say “the Torah forbade intentional labor,” the meaning is not a rule of intentional labor. It means to say the Torah prohibited what was in the Tabernacle. It is simply the definition of the prohibitions of labor on the Sabbath, that’s all. It is not an application of the rule of intentional labor, and therefore it is not connected — there is no reason to speak here about any deviation from the normal usage. How do you know that this was in the Tabernacle — winnowing with wind? The Rosh says: since that is how it is normally done — “the main way this labor is done is by means of wind,” right? Now notice, there is a point here that will come up later, but I’ll sharpen it already now: does it have to be that this is how one usually performs the labor, or is it enough that this is a normal way to do the labor, even though there are also other normal ways? Let’s say you can do it by means of wind, and you can also do it by hand, but doing it by means of wind is a normal way to do it — yet that does not mean it is the primary way. Okay? Here there will be a practical difference between the two possibilities I mentioned earlier. Why? Because if I understand “the Torah forbade intentional labor” to mean that the Torah prohibited anything where the labor, in its normal way, is done by means of wind — then it is prohibited. Even though in the rest of Torah law this would be an exemption of indirect causation, on the Sabbath “the Torah forbade intentional labor,” according to the Rosh — to what was this said? To winnowing and labors like it, which generally make use of wind. Okay? So here it is enough that this is a normal way to do it; it does not have to be the only way to do it. If it is a normal way, then it is a normal way, fine? Because in the end his intention was fulfilled, and this is the normal way to do it, everything is fine. But according to the second possibility I mentioned — what did I say according to the second possibility? That “the Torah forbade intentional labor” here is not using the rule of intentional labor, but rather means that the Torah prohibited on the Sabbath everything that existed in the Tabernacle. That is what “the Torah forbade intentional labor” means. Now I need to prove that winnowing with wind indeed existed in the Tabernacle. How can I prove that? Maybe they did it without wind? You tell me that because this is a normal way to do winnowing with wind, but there are other normal ways to do winnowing — by hand. So maybe in the Tabernacle they did it by hand? You can’t know whether they did it with wind or without wind. The fact that doing it with wind is a normal way of winnowing is not enough, because you need proof that in the Tabernacle they actually did winnowing with wind. In order to have such proof, you need it to be the case that the only way to do winnowing is with wind, not merely that it is a normal way to winnow, but that it is the only way. Do you understand the difference? There are two ways to understand the Rosh here. We’ll see later that this is probably a dispute among later authorities. There are two ways to understand the Rosh. First possibility: the Rosh is using here the rule of intentional labor, and he says — intentional labor, like Rashi — that the rule of intentional labor here serves as a stringency, but unlike Rashi, it does not impose liability for every case of indirect causation in every labor. It imposes liability for such indirect causation in labors of the sort where the normal way is to do them by means of wind. Fine. But then it is enough that this is a normal way; it does not have to be the only way. The second possibility I mentioned in the Rosh: “the Torah forbade intentional labor” means the Torah prohibited on the Sabbath all the labors that were in the Tabernacle. This is called “the Torah forbade intentional labor.” Now I have to prove that winnowing with wind was indeed in the Tabernacle. How can I prove that? Maybe they did it without wind? Only if I understand that the labor of winnowing is done only with wind — not merely that it is normal to do it with wind; that is not enough. Rather, the labor of winnowing must be performed only with wind. Why? Because then it is clear that if it says there was winnowing in the Tabernacle, then obviously it was done with wind. It cannot be done without wind. Ah — so if it was in the Tabernacle with wind, then it is also included in the general prohibition of Sabbath labor, even though wind is involved. Because it was in the Tabernacle. “The Torah forbade intentional labor” — what was in the Tabernacle, the Torah also prohibits on the Sabbath.

[Speaker D] Wait, if so, is that true for all labors? What you just said?

[Rabbi Michael Abraham] Right, exactly. Now let’s look at another labor where there is a normal way to do it indirectly — perfectly normal — but there is also a normal way to do it without indirect causation. What would the law be?

[Speaker D] If this counts as a thoughtful labor only formally, just because of the Tabernacle, then he’d be exempt. That would be the problem.

[Rabbi Michael Abraham] Because you can’t know that they did it that way in the Tabernacle, right? Because maybe they didn’t do it that way. True, it’s a normal way to do it, but they didn’t do it that way in the Tabernacle. But if I understand that it’s enough that this is a normal way, then just like in winnowing, here too he would be liable, right? So that will be a practical difference in labors that are not winnowing, where there is a normal way to do them indirectly, though you can also do them not indirectly. And later we’ll see an example of this: grinding with millstones, a water mill. Okay? Fine, but before I get there, let’s summarize for a moment. So we have a dispute between Rashi and the Rosh. Rashi says that we learn in tractate Bava Kamma that the Torah prohibited thoughtful labor, and therefore even indirect causation is liable under the laws of the Sabbath. That is Rashi’s view. The Rosh’s view is that no: only in labors where this is the normal way, or the only way—two possibilities for understanding the Rosh—only there does the rule of thoughtful labor teach me that I’m liable. In all other labors I’m not liable. So what comes out? According to Rashi, there is basically a general liability for indirect causation in the laws of the Sabbath, because his intention was fulfilled—“the Torah prohibited thoughtful labor.” That seemingly contradicts the conclusion that emerged from the passages in tractate Shabbat. Because there we saw that in the end, causing extinguishing is permitted. Maybe in a case of loss it’s only a rabbinic prohibition. In any case it’s only a rabbinic prohibition. Here in Rashi it says this is a Torah prohibition—his intention was fulfilled, thoughtful labor. So that contradicts what we saw in the passages in tractate Shabbat. Unless—unless—we adopt what I suggested when we read the Talmudic text in Shabbat: that Rabbi Yosi’s view is that indirect causation is prohibited by Torah law in the case of causing extinguishing. Okay? And according to the Rabbis, either it’s permitted or it’s rabbinically prohibited and they allowed it in a case of loss. And Rashi in Bava Kamma is speaking according to Rabbi Yosi’s view. I don’t know why he decided that it was said according to Rabbi Yosi’s view, but that’s what comes out. And then it really comes out that Rav Ashi’s words were not said as practical Jewish law, because in practice, in the dispute between Rabbi Yosi and the Rabbis, we rule like the Rabbis. So that makes it even harder: why does Rashi set up the passage in Bava Kamma specifically according to a view not accepted in practical Jewish law? What forced him to do that? Why not explain it according to the Rabbis? Fine, he apparently understood that what it says there is that indirect causation is prohibited. You can’t explain it according to the Rabbis because it says there that indirect causation is prohibited, prohibited by Torah law. In any case, according to Rashi there is a contradiction between the passages. According to the Rosh there is no problem, because the Rosh basically says that indirect causation on the Sabbath is also permitted; specifically regarding winnowing—or maybe labors similar to winnowing—there indirect causation will be prohibited. Fine, but in extinguishing and kindling and all kinds of things we saw in tractate Shabbat, there indeed indirect causation will be permitted. There is no contradiction between the passages. Rashi basically sees a contradiction between the passage in Bava Kamma and the passages in Shabbat. The Rosh says it’s the same everywhere: causing extinguishing is permitted. According to Rashi, no—causing extinguishing is prohibited in the passage in Bava Kamma; in the passage in Shabbat it seems that causing extinguishing is at most rabbinically prohibited or permitted. But I said that Rashi probably reads the Talmudic text in… okay? Now, let’s return to the distinction I mentioned in the Rosh’s view. We saw in the Rosh that there is an exception for labors whose way is to be done by means of wind, where in fact one is liable under the laws of the Sabbath. It’s not that there is some general rule that every indirect causation on the Sabbath is liable. Now look: there is a dispute among later authorities about—a very well-known dispute, a huge amount has been written about it—a dispute between Even HaOzer and Magen Avraham.

[Speaker D] Is it permitted—and who is Even HaOzer?

[Rabbi Michael Abraham] One of the later authorities, the earlier later authorities, meaning, even before Magen Avraham. He’s a commentary on the Shulchan Arukh, Orach Chayim. Even HaOzer basically says that it is forbidden to put wheat into a water mill so that the mill will grind the wheat. Now notice: what operates the mill, what turns it, is the water. They set up some waterfall that turns the mill, and the mill grinds the wheat. The question is whether I am allowed to put the wheat into the mill so that the water will turn the mill and grind the wheat.

[Speaker D] When Even HaOzer says that, does he mean they put it in on Friday before the Sabbath?

[Rabbi Michael Abraham] No, no—on the Sabbath itself.

[Speaker D] On the Sabbath itself?

[Rabbi Michael Abraham] Yes. So he says it’s forbidden, even though it’s indirect causation. Because the water is grinding, not me. The water grinds, not me. But even indirect causation is prohibited. That is Even HaOzer’s claim. So he is like Rashi’s view, right? That indirect causation is prohibited. And not only is he like Rashi’s view; he also rules that indirect causation is prohibited by Torah law. Right? Meaning, it’s not only that—he also rules this as practical Jewish law. Now, even in Rashi’s view I said that this goes with Rabbi Yosi, which is not accepted as practical Jewish law. Even HaOzer takes Rashi and sees him as making a practical ruling, and that already really doesn’t fit in any way. Magen Avraham in section 252 disagrees with him and claims that it is permitted. Why? Because this is indirect causation, and indirect causation on the Sabbath is permitted. Even on the Sabbath it’s permitted. Completely permitted, as it were?

[Speaker E] There’s no rabbinic prohibition?

[Rabbi Michael Abraham] Yes, yes—permitted. Even not in a case of loss. We saw this in the Shulchan Arukh, right? What did we see in the Shulchan Arukh? That even extinguishing is permitted, and likewise in Maimonides. The Rema added: in a case of loss. But simply speaking, the Rif, Maimonides, and the Shulchan Arukh say no, indirect causation is permitted on the Sabbath. Right, so Magen Avraham basically says that this is indirect causation, whereas Even HaOzer forbids it because that is the way grinding is done with a water mill. Okay? Notice—the reasoning of Even HaOzer I’m adding now. Why? Because that is the way grinding is done with a water mill. Okay?

[Speaker C] Like one explanation you gave in the Rosh. What? One interpretation out of the two interpretations of the Rosh.

[Rabbi Michael Abraham] Meaning, Even HaOzer really is not going like Rashi. Even though he prohibits indirect causation, I would have said, fine, so he probably follows Rashi’s view. No. Even HaOzer goes in the Rosh’s view. Because even Rashi, who says that indirect causation is prohibited according to Rabbi Yosi, all of that is only in Rabbi Yosi’s view, which is not accepted in practice. Even HaOzer is ruling practically. According to both Rashi and the Rosh, indirect causation is permitted. So why is it prohibited here? Because of the Rosh’s reasoning. Because a water mill is normally done through indirect causation. And that is like winnowing, where the wind assists him. Something normally done through indirect causation does not get the exemption of indirect causation. By the way, notice this is actually a stringency of the Rosh over Rashi. Usually Rashi is stricter than the Rosh, because Rashi says that indirect causation on the Sabbath is prohibited and the Rosh says only in the special labors. But actually Rashi is more lenient than the Rosh, since Rashi says that only in Rabbi Yosi’s view. But according to the Rabbis, where indirect causation on the Sabbath is permitted, it comes out that the Rabbis also disagree even about winnowing with the assisting wind; everything is permitted. Even something whose normal way is to be done by means of wind would be permitted. Because Rashi does not distinguish. Now Even HaOzer, who says this is forbidden, is going specifically in the Rosh’s view, not in Rashi’s. How do I know? Because his reasoning is that this is the way that labor is normally done with a water mill. Now what does “the way that the labor is done” mean? That this is its primary mode of performance, or only that it is a normal way? Remember the two possibilities I mentioned in the Rosh. It is quite clear that he means this is a normal way. Not every mill runs on water. There are mills that run with a donkey; there are mills that I operate by hand. But true, a normal way is also with water. It is a normal way, but not the only way. So now I can sharpen it even more. First of all I said Even HaOzer looks like Rashi—not true. From his reasoning you can see that he is like the Rosh. Now I ask: like which of the two possibilities we saw in the Rosh? I say: like the first possibility. The possibility that says if this is a normal way, that is enough to impose liability; it doesn’t have to be the only way. Okay, that’s Even HaOzer. Magen Avraham’s view is that it is permitted because indirect causation is permitted. What does that mean, indirect causation is permitted? But the passage in Bava Kamma says that indirect causation is prohibited. What will you say—that the passage in Bava Kamma says indirect causation is prohibited only according to Rabbi Yosi? But in practice we rule like the Rabbis, that indirect causation is permitted, and therefore specifically Magen Avraham, who permits it, can go with strict Rashi. Because Rashi is strict, true, but he is strict only in Rabbi Yosi’s view. In practical Jewish law, where we rule like the Rabbis, indirect causation is permitted, and indirect causation is permitted even in cases where things are normally done that way. So that is one way to explain Magen Avraham. Another possibility: maybe he goes like the second view in the Rosh? What does that say? It says as follows: I go like the Rosh, and therefore indirect causation on the Sabbath is permitted. True, in labors whose primary mode of performance is through indirect causation there one would be liable, but that is only where you do it only through indirect causation. The fact that this is the normal way to do it through indirect causation is not enough to impose liability. And here, with a water mill, we saw that this is indeed a normal way, but not the only way. Therefore it could be that Magen Avraham and Even HaOzer disagree over the two possibilities of how to understand the Rosh. Are the exceptional labors, for which we impose liability even in indirect causation, cases where indirect causation is a normal way to do it, or only where indirect causation is the only way to do it? The practical difference is, yes, whether “the Torah prohibited thoughtful labor” is a law of thoughtful labor, or whether it only means that what was done in the Tabernacle is what was prohibited. Everything I talked about at the beginning of the class. Okay, so in Magen Avraham there are basically two possible ways to understand it: either he goes in Rashi’s view, in which case he makes no distinctions—every indirect causation is permitted. Or he goes in the Rosh’s view, but says that what they prohibited in indirect causation is only labors that are done only through indirect causation, and labors for which the normal way is to do them through indirect causation—that still doesn’t mean it is prohibited; it is permitted because it was not in the Tabernacle. Okay, now let’s look at the Achiezer. And here is a passage from the Achiezer: “Now regarding the main law of indirect causation on the Sabbath, the view of Even HaOzer, Orach Chayim, end of section 328, is that one who puts wheat into a water mill is liable.” Liable—notice, by Torah law. “And not as Magen Avraham wrote in 252, and all the later authorities objected”—not important, that’s not interesting. “And the view of Even HaOzer is that he is liable, as they said in Bava Kamma 60a, ‘one who winnows and the wind assists him’: even though with respect to damages it is indirect causation and exempt, with respect to the Sabbath, the Torah prohibited thoughtful labor.” Fine, so it sounds like he brings his proof from Bava Kamma. But in Bava Kamma—which reading? Rashi’s reading of Bava Kamma, or the Rosh’s reading of Bava Kamma? So the Achiezer says: “At first glance the words of Even HaOzer are puzzling. What proof is there from winnowing, for that is its labor—like sowing and baking and trapping.” And what do all those have in common—winnowing, baking, and trapping? They are all labors done by indirect causation. When I sow, I bury the seed in the ground, right? What causes it to grow? The ground, not me. I only caused it indirectly. Baking: I put it on the fire; the fire bakes. Trapping: I set the trap; the trap catches the animal. So all those labors are labors whose way is to be done by indirect causation. He says winnowing is like that too. Therefore I don’t understand, he says about Even HaOzer, what proof are you bringing me from the passage in Bava Kamma? The passage in Bava Kamma speaks only about labors of that type, whose way is to be done by indirect causation. Now what’s the problem? I don’t understand—what is the Achiezer asking? A water mill too is a way that grinding is done by indirect causation. So what do you want? What is the problem? So he says: “And it appears, in their view, that when they said regarding ‘one who winnows and the wind assists him’ that ‘the Torah prohibited thoughtful labor,’ they did not say that this is the very essence of the labor. Rather, whenever it is thoughtful labor and the labor is performed in this manner, it is considered thoughtful labor. Therefore also in one who puts wheat into a water mill, since this is the way of grinding, even though it is possible to do it by hand-grinding, nevertheless this is thoughtful labor that the Torah prohibited. And this is not similar to what is said in Shabbat 120 regarding causing extinguishing, where it comes about incidentally; in such a case we say, ‘You shall do no labor’—indirect causation is permitted, and in such a case this is not considered labor. But where the labor is typically done by indirect causation, that is considered thoughtful labor.” So what is he saying? He says that in winnowing with the assisting wind, the normal way of doing winnowing is by means of wind, but it can also be done without it. But it is enough that this is the normal way in order to impose liability. It’s not that this is the very essence of the labor; it’s not always done by means of wind, but it is indeed a normal way to do it by means of wind. You can see from tractate Bava Kamma that they impose liability in such a case. If so, then with grinding in a water mill too, true, this is not the only way to do grinding, because it can also be done by hand, but it is a normal way. Therefore Even HaOzer says: just as in winnowing with the assisting wind in Bava Kamma one is liable, so too in grinding with a water mill one is liable. Notice, the Achiezer feels—we see it implicitly between the lines—he feels the distinction I made earlier: is this a labor that is done only this way, or is this just a normal way to do it? And therefore he insists and says: notice, both in winnowing and in a water mill, this is a normal way to do it, but not the only way to do it. And the fact is that in winnowing one is liable, so you see that it is enough that this is a normal way in order to impose liability. Therefore Even HaOzer says that in a water mill too, this is a normal way, and therefore one is liable. That is—

[Speaker B] Like the first view?

[Rabbi Michael Abraham] I can’t hear.

[Speaker B] Is that like the first view you mentioned?

[Rabbi Michael Abraham] The first view in the Rosh. Meaning, he goes like the Rosh in the first view, that if something is normally done this way, that is enough to impose liability. According to the second approach, where only this way is how it is done, then in winnowing you’d be liable because only that way is it done, with the help of wind. But with a water mill there is also a way to do it with a hand mill. So true, this is a normal way, but it is not the only way. So if I understood according to the second view in the Rosh, then with a water mill I would exempt. And that indeed could be Magen Avraham’s view. All right? In other words, the Achiezer explains that both Magen Avraham and Even HaOzer learned the Talmudic text in Bava Kamma like the Rosh. And that makes a lot of sense, because according to Rashi it comes out that… in other words, the Achiezer explains that both Magen Avraham and Even HaOzer learned the Talmudic text in Bava Kamma like the Rosh. And that makes a lot of sense, because according to Rashi it comes out that the Talmudic text in Bava Kamma is not practical Jewish law. It goes according to Rabbi Yosi’s view. So everyone follows the Rosh. So what is the dispute? The dispute is whether what the Rosh imposes liability for in winnowing is because winnowing is done only by means of the wind—that is how Magen Avraham learned it. And if so, then with a water mill, since it can also be done by means of a hand mill, with a water mill it would be permitted even according to the Rosh. That is Magen Avraham’s view. Even HaOzer says no. In winnowing, it can be done with wind and it can also be done without wind. From the fact that the Rosh imposes liability in winnowing, you see that it is enough that this is the normal way to do it by means of wind, by indirect causation. So if that is so, then with a water mill too, which is admittedly not the only way but is a normal way, that is enough to impose liability. So the dispute between Magen Avraham and Even HaOzer is over those same two ways of reading the Rosh’s view. And in Yeshuot Yaakov, section 334, in the responsa of his grandson, he wrote in the view of Shiltei HaGibborim that causing extinguishing is exempt only when one does not intend it. But when he intends it, he is liable because of extinguishing, because it is thoughtful labor, for which one is liable even in indirect causation, as explained in Bava Kamma 60a. And only where it is unintentional—since this is not labor and not thoughtful labor—in such a case there is no liability in indirect causation.

[Speaker D] That goes back—we’ve gone back to Rashi.

[Rabbi Michael Abraham] Exactly. And until now we haven’t seen such a view. He basically wants to say—wait. Yes, he wants to say that Rashi’s view is that causing extinguishing is liable because of the rule of thoughtful labor. And he wants to say one more thing: this view is also the practical law. How does that work? We saw that in the dispute between Rabbi Yosi and the Rabbis—there is a dispute between Rabbi Yosi and the Rabbis about causing extinguishing, maybe even only at the rabbinic level—but even if it is Torah-level, that is only according to Rabbi Yosi; according to the Rabbis it is completely permitted. So how can you say that in practice indirect causation is forbidden by Torah law? So he says there is a difference between the passages. He explains Rashi: Rashi is not going according to Rabbi Yosi’s view. Even the Rabbis agree with Rashi’s words in Bava Kamma 60a. Even according to the Rabbis, winnowing with the assisting wind is liable. How is that different from causing extinguishing, which according to them is permitted? So one possibility would be to say maybe there, in the case of loss, it was permitted, while here it is not a case of loss. But that is not enough, because if it is not a case of loss then it would only be a rabbinic prohibition, and a Torah prohibition is not permitted in a case of loss. And in the Talmudic text in Bava Kamma you can see that this is a Torah prohibition, not a rabbinic one. “The Torah prohibited thoughtful labor”—that is a Torah prohibition. Therefore one must say—one has to distinguish between the cases. In winnowing with the assisting wind, the person clearly intends from the outset to perform this action, right? That is what Rashi says: his intention was fulfilled. Right? But in causing extinguishing, where it is permitted, that is only when he does not really intend to extinguish. He extinguished indirectly; there it will be permitted. Why? Because you cannot say that his intention was fulfilled. After all, why does Rashi say that indirect causation on the Sabbath is liable? Because his intention was fulfilled. That is what he planned, and that is what in fact happened. But if he did not plan it, it happened unintentionally. Then you do not have the reasoning of “his intention was fulfilled.” Therefore if he did not intend it, even though he extinguished indirectly, then he will be exempt or permitted—exempt or permitted—but it will not be a Torah prohibition. In other words, he distinguishes between the passages. In other words, Rashi said that indirect causation is liable by Torah law, and that is also the practical law—not Rabbi Yosi’s view. This is also the practical ruling. But what he said here is difficult. Why is it difficult? Because remember the case we saw of causing extinguishing on the Sabbath—what was the case? To place new vessels filled with water in front of the fire, right?

[Speaker D] So he intended it.

[Rabbi Michael Abraham] He intended it, obviously; he did it in order to stop the fire. So how can you say that everything the Rabbis say is permitted is only where he did not intend it, and where he intended it they agree it is forbidden? There we are dealing with a case where he intended it, and they still say it is permitted.

[Speaker C] He intended to stop it, not to extinguish it.

[Rabbi Michael Abraham] Ah—so it could be that what he means is: I put the vessels with the water there in order to stop the fire. True, those vessels may also burst and then the water will spill and extinguish the fire—that I did not intend. As far as I was concerned it was enough to stop the fire; I did not intend to extinguish it. Then maybe one can understand the Yeshuot Yaakov. Okay? “However, the Rosh in Bava Kamma 60a wrote that the phrase ‘the Torah prohibited thoughtful labor’ comes to teach that even though this is only indirect causation, the Torah nevertheless imposed liability here, since this labor is primarily done by means of wind.” It is explained there that specifically in winnowing, where its primary mode of performance is this way—but not in other labors. I think this is the continuation of Yeshuot Yaakov’s words. Until here he spoke about Rashi’s view. And the Rosh claims otherwise. “The Torah prohibited thoughtful labor” is not a general principle that indirect causation is prohibited when intended. Even if he intends it, it will not be prohibited except in labors whose primary mode of performance is by means of wind. Now I have to discuss Rashi’s view. Rashi basically says that on the Sabbath indirect causation is liable. Now if Rashi is going according to Rabbi Yosi—without the Yeshuot Yaakov, who says that this is also the practical law, but the common understanding is that Rashi follows Rabbi Yosi’s view, because indirect causation is liable—then what comes out in the end?

[Speaker D] According to the Rabbis, that it’s permitted.

[Rabbi Michael Abraham] Permitted, right. According to the Rabbis—the law follows the Rabbis against Rabbi Yosi—that it is permitted. Okay. So what will the law be in winnowing with the assisting wind according to that, practically?

[Speaker D] It will be permitted.

[Rabbi Michael Abraham] It will be permitted, yes? But in the list of labors in the Mishnah, winnowing appears. So what will the Rabbis do with that? What, do they not have the labor of winnowing? Seemingly, Yeshuot Yaakov is necessary. You have to say that the case of winnowing with the assisting wind is exceptional according to Rashi, because there he intended it, or for some reason of that kind. Because otherwise it comes out that the Rabbis disagree even about that, and then it comes out that there is no labor of winnowing at all according to the Rabbis. But in the list of labors, winnowing appears.

[Speaker E] You can winnow without wind too, no? Or…

[Rabbi Michael Abraham] So one has to say—there is no choice but to say—that according to Rashi, the view—

[Speaker D] the second view of the Rosh—

[Rabbi Michael Abraham] they will establish the labor of winnowing according to—

[Speaker D] the second view—

[Rabbi Michael Abraham] of the Rosh, in winnowing not by means of wind. Right? Winnowing not by means of wind. Because winnowing by means of wind is exempt according to the Rabbis. Then it comes out that winnowing is the sort of labor that, true, is normally done by means of wind, but not only by means of wind. It can also be done without wind. Right? Meaning that Rashi, in understanding the labor of winnowing, will go with the first direction in the Rosh: that the labor of winnowing is not done only by means of wind, and that this is the normal way to do it. How do I know that Rashi agrees with that? Because otherwise the Rabbis are stuck according to Rashi in practical Jewish law. Otherwise it comes out that there is no labor of winnowing at all according to the Rabbis. Okay. We have no choice but to say that it is talking about winnowing not by means of wind. That is what they did in the Tabernacle and that is what was prohibited. So you see that there is labor—there is a normal way to do winnowing not necessarily by means of wind. Now the Maggid Mishneh and the Kesef Mishneh, in the laws of financial damages, write that Maimonides does not bring the rule that winnowing with the assisting wind is liable. He does not bring that ruling. So the Maggid Mishneh and the Kesef Mishneh in chapter 14 of the laws of financial damages explain that Maimonides simply did not rule like Rav Ashi.

[Speaker D] So there really he is exempt? What? Did he say he’s exempt?

[Rabbi Michael Abraham] Maimonides rules that indirect causation is permitted, right? As we said, indirect causation on a Jewish holiday is permitted. So apparently there is a general rule according to Maimonides that indirect causation on the Sabbath too is permitted. So if you do not write that winnowing with the assisting wind is liable, you apparently understand that like all indirect causation it is permitted. The Kesef Mishneh and the Maggid Mishneh explain why. After all, it says in the Talmudic text in Bava Kamma that winnowing with the assisting wind is liable. No—that is according to Rabbi Yosi’s view. According to the Rabbis it is indeed permitted. According to this, it comes out that Maimonides learned like Rashi, not like the Rosh. And also not like Yeshuot Yaakov, because Yeshuot Yaakov says that Rashi—Rashi explains this not like Rabbi Yosi but also like the Rabbis, meaning that it is accepted as practical Jewish law. But Maimonides learned like Rashi that this is subject to the dispute between Rabbi Yosi and the Rabbis, but he really says that if so, then it is not accepted as practical Jewish law. Not like Yeshuot Yaakov. Okay? Notice how the whole passage unfolds according to these possibilities. Of course, according to this there arises the question we asked also according to Rashi: so what is the labor of winnowing? Apparently winnowing by hand, not with the help of wind—some other form of winnowing, right? Because Maimonides too agrees that winnowing is one of the thirty-nine labors. Okay, what I asked about Rashi. Fine? Now several later authorities nevertheless reconciled Rashi differently. We already saw Yeshuot Yaakov. So let’s go back for a moment. We said that according to Rashi there is a contradiction between the passages. The passage about causing extinguishing says that indirect causation is permitted in practice, like the Rabbis, and the passage in Bava Kamma 60a about winnowing with the assisting wind says that indirect causation is liable. I said one possibility is to explain that the passage in Bava Kamma goes according to Rabbi Yosi’s view, according to which indirect causation is liable, but then it comes out that this is not the practical law, and it should follow that winnowing with the assisting wind in practice is exempt—and maybe that really is Maimonides’ view. But if I want to say that the Talmudic text in Bava Kamma goes according to practical Jewish law—

[Speaker D] What about the Rosh? What? If it’s practical law then according to—

[Rabbi Michael Abraham] No, no—according to Rashi. It is practical law, and then it comes out that indirect causation on the Sabbath is generally liable, not only in winnowing. Indirect causation on the Sabbath is liable. Okay? That is Rashi’s general view. So what do we do with the passage about causing extinguishing, where indirect causation is exempt? Once we have a contradiction between two such passages, there are always two basic ways to reconcile them. Either say that winnowing is the exception, and in general indirect causation is exempt except in winnowing—that is the direction the Rosh took—or say that causing extinguishing is the exception, and in fact in general indirect causation is liable; causing extinguishing is something exceptional and therefore exempt. Okay?

[Speaker D] Which is what—

[Rabbi Michael Abraham] Yeshuot Yaakov, for example, says that in fact indirect causation is liable when he intended it, but in causing extinguishing he did not intend it and therefore he is exempt. So in principle causing extinguishing is the exception. But why specifically extinguishing? Rather, this applies to anyone who performs labor by indirect causation without intending it. That is what it means that he is exempt. One has to comment a bit on this, because if he did not intend it, then you already have an exemption of unintentional action; why do you need the exemption of indirect causation? Fine, that is a discussion—maybe you’ll see later in the summary, I get into it a bit there. An inevitable consequence or not, because here we are dealing with a case where it was indeed inevitable. Do you understand? In other words, if I say that I did not intend the water in the new vessels, then Yeshuot Yaakov says: he did not intend it, right? And therefore the indirect causation is permitted. But then why do you need to get to the point that indirect causation is permitted? Let that follow from the fact that it was unintentional—he did not intend it.

[Speaker D] But he knows for certain that those vessels will burst?

[Rabbi Michael Abraham] So is this an inevitable consequence? Do you have an exemption of unintentional action?

[Speaker D] Yes, there is certainty there.

[Rabbi Michael Abraham] New vessels—

[Speaker C] burst for sure. What? He didn’t intend that, but he had a different intention.

[Rabbi Michael Abraham] Right, yes, he had a different intention—to stop the fire. You yourself said that before. He didn’t intend to extinguish; he intended to stop it.

[Speaker C] So you can say he didn’t intend it.

[Rabbi Michael Abraham] Why? He did not intend extinguishing; he intended to stop it. Stopping it is permitted. Every case of unintentional action is like that. I’m saying there will not be an exemption here of unintentional action, because this is an inevitable consequence, right? Well, but if it is an inevitable consequence, then what does it help me that he didn’t intend it? So why is he really exempt here? Because of indirect causation. Notice: when I add lack of intention as a condition, it is not because the exemption is the exemption of unintentional action. The exemption is the exemption of indirect causation. Only when does the exemption of indirect causation exist? Only when I did not intend it, because otherwise my intention was fulfilled. But the fact that I did not intend it is a condition in the laws of indirect causation; it does not make this an exemption of unintentional action. Because from the standpoint of unintentional action, this is an inevitable consequence, so there is no exemption of unintentional action here. But as we saw regarding an inevitable consequence, an inevitable consequence does not turn me into someone who intended it, right? It causes me to be liable even though I did not intend it. In indirect causation, then, since I did not intend it—it doesn’t matter that it is an inevitable consequence—if I did not intend it, you cannot say that my intention was fulfilled. And by the way, this is proof that an inevitable consequence does not turn me into someone who intended it. We saw there is a dispute among medieval authorities (Rishonim) and later authorities about this. This line of reasoning is proof that an inevitable consequence does not make me someone who intended it, but leaves me in the category of unintentional action; I’m just liable anyway. But here, the unintentional aspect is required as a condition for the exemption of indirect causation, and therefore I don’t care that it is an inevitable consequence, because even if it is an inevitable consequence, he still did not intend it, and therefore he will be exempt—but the exemption is from the laws of indirect causation, not from the laws of unintentional action. That is Yeshuot Yaakov. But there are other later authorities who go in different directions. Some, for example, distinguish between different levels of indirect causation, and I said that there are—after all, we discussed bringing extinguishing closer, the whole passage in the chapter Kira, where you can see that there are different levels of indirect causation or different kinds of indirect causation, one more severe than the other. Here they say: in Bava Kamma, in winnowing with the assisting wind, he tossed the kernels and the wind separated them. That means that there was in fact a human action here that was part of what took place. Throwing the grains upward is a direct physical action. It’s just that my direct action did not do all the work; the wind completed the work. Like fanning a flame and then the wind intensified it. I fanned it, and the wind completed the work. Such indirect causation, says Rashi, is liable in the labor laws of the Sabbath. But when I place the vessels with water and the fire bursts the vessels and the water spills and extinguishes it, there is no action of mine in that matter at all. I put the vessels there and went home. So the extinguishing action is done entirely by the fire upon itself. Right? There is no involvement of the person. Such indirect causation would be exempt. That is what several later authorities claim. Then once again it comes out that Rashi’s statement—that indirect causation on the Sabbath is liable—was said as practical Jewish law. But it was said as practical Jewish law in certain situations, not like in causing extinguishing. Yeshuot Yaakov says: in situations where he intends it. These later authorities say: in situations where his own action has some role in the performance of the labor. But indirect causation that is entirely indirect causation, where the person himself takes no part at all in carrying out the action—there, indirect causation will be exempt. Here one has to hesitate a bit. According to Yeshuot Yaakov, it is very clear why the Talmudic text said, “The Torah prohibited thoughtful labor.” Rashi says: because his intention was fulfilled. If you did not intend it, you cannot say that his intention was fulfilled. So that follows very naturally from the Talmudic text’s reasoning. But according to the distinction of those later authorities I just cited, what are they saying? They are saying that where there was human involvement in doing the action, like winnowing with the assisting wind, there indirect causation is liable. Where there was no involvement, indirect causation is exempt. Why? In both cases his intention was fulfilled. We are talking about a case where he intended it; it’s just that here he acted and there he didn’t. So the Talmudic text should have said: because he acted, not because his intention was fulfilled. Why does the Talmudic text justify it through the law of thoughtful labor? Well, according to those later authorities this is not clear. It could be that there is an additional condition here. Thoughtful labor means that his intention was fulfilled, and that by itself is not enough. It is a necessary condition for liability, but not enough. In order to impose liability there must also be some action on his part. If his intention was merely fulfilled and he did nothing, he sat here and really wanted something to happen, and then suddenly that thing happened—no one would think to say he is liable, right? That he did labor here. The fulfillment of his intention is not enough to turn this action into Sabbath labor. It is a necessary condition, but not sufficient. You also need him to do some action. Therefore that objection is not so bad. They say “thoughtful labor” in order to say that his intention was fulfilled. True, that is not enough; you also need an action that he himself does. In the passage in tractate Beitzah, which I also mentioned in the past, 22a: Rav Yehudah challenged Ulla: “One who puts oil into a lamp is liable because of kindling, and one who takes from it is liable because of extinguishing.” Right? There is a bowl of oil and a wick that is burning; that is what they call a lamp. Okay? Now if I add oil to the bowl, I am liable because of kindling. If I take oil from the bowl, then I am liable because of extinguishing. What is the explanation? Tosafot says as follows there in Beitzah: “And one who takes from it is liable because of extinguishing”—it does not mean because he hastens the extinguishing. “For that would only be causing extinguishing, and causing extinguishing on a Jewish holiday is permitted, even though he hastens its extinguishing, and on the Sabbath as well he is not liable.” Because causing extinguishing, we saw, is permitted; in practice we rule like the Rabbis, right? So the fact that you extinguish indirectly, by taking the oil from the lamp, means you are extinguishing by indirect causation; the fire will eventually go out. Fine? But extinguishing by indirect causation is permitted. So why does it say here “liable”—“one who takes from it is liable because of extinguishing”? Rather, says Tosafot, “the reason is that at the very moment he takes from it, he somewhat extinguishes it and dims its light, for it cannot illuminate as much when there is little oil in the lamp, and therefore it appears like extinguishing.” The point is that when you take the oil, the flame is slightly lowered, that is, becomes smaller. Taking the oil lowers the flame, and so he basically says this is direct extinguishing. It is not causing extinguishing, and therefore it is permitted—

[Speaker B] I can’t hear. Why, according to Tosafot—why if he removes a little oil does it immediately extinguish? It should take time. Unless he is arguing—

[Rabbi Michael Abraham] that immediately the flame—immediately the flame goes down when you remove the oil. That is his factual assumption. Of course one can argue with it, but that is his factual assumption.

[Speaker B] Maybe it’s at the very end, and then—

[Rabbi Michael Abraham] No, even if it takes time, that doesn’t matter, so long as the effect is a direct effect. It’s not like the water—we talked about that—that the difference between indirect causation and not indirect causation is not only the time gap, but think about the jugs with the water. The jugs with the water are not only a case where there is a time gap between the stage when I placed the jug and the extinguishing; the extinguishing action itself was not done by me at all, it happened on its own through the fire. Here, the claim is: if the claim is that I myself performed the action, only there is a time difference, that doesn’t bother me, because I myself performed the action, so this is called extinguishing directly. The Rosh writes there: “Tosafot wrote that the reason this is considered extinguishing is that when he reduces the oil and distances it from the lamp that is burning, immediately the light of the lamp dims and it no longer burns as well as at first, and this is considered extinguishing.” That is—

[Speaker B] More reasonable. And that’s Tosafot, that’s what he says.

[Rabbi Michael Abraham] Fine? And then he says: “And it should not be explained as because he hastens the extinguishing of the lamp, because the oil will be used up. For that is causing extinguishing, about which Rabbi Yosi and the Sages disagreed,” as we saw. Fine? “Therefore it seems to me that the reason one who takes from the lamp is liable is because he hastens its extinguishing. And even the Rabbis, who disagree with Rabbi Yosi, agree regarding this kind of causing extinguishing that one is liable.” So he returns to the explanation Tosafot rejected. It is forbidden to take the oil because the future extinguishing will happen more quickly. Ah, but we said this is the dispute between Rabbi Yosi and the Rabbis, and in practical Jewish law we rule like the Rabbis, that causing extinguishing is permitted? So he says no: “They only disagreed there because he does not touch the burning object, but rather does something external to it that causes the extinguishing when the fire reaches there. But the oil and the wick both cause the burning, and one who reduces one of them and thereby hastens the extinguishing is liable.” Fine? So what is he basically saying? A distinction very similar to the distinction of the later authorities we saw. Namely: everything they said—that causing extinguishing is permitted regarding those new jars—that is only where you do not touch the burning object at all, or what causes the burning. You do something, and indirectly something else happens that extinguishes the fire, as with the jars. Over that Rabbi Yosi and the Sages disagreed, and that is called causing extinguishing. In practical Jewish law we rule like the Sages, that such a thing is permitted. In our case, where one takes from the oil in the lamp, what causes the burning? The oil. The oil and the wick are what burn. And if you take the oil, then true, the whole problem is that the future extinguishing comes sooner, but that happened because you yourself performed the extinguishing action on the burning thing itself. That is a kind of indirect causation that we do prohibit. And this is very reminiscent of the distinction of those later authorities between winnowing with the assisting wind, where I myself touched the kernels and the chaff. True, the wind finished the job, but I myself caused it in a way that I was involved in the action. In such indirect causation, there is liability. Only in the indirect causation of the jars are you exempt, where I did not touch anything at all—I was not part of the extinguishing act at all. So if so, it comes out that this distinction of those later authorities already has a source in the Rosh. The Rosh basically says this idea.

[Speaker B] Tosafot doesn’t accept that, because Tosafot are talking about wax. He says that if you cut the wax, you are touching that very thing. As far as Tosafot are concerned, wax and oil are the same thing. And Tosafot says that if you cut the wax above, that doesn’t matter, because it’s not at that moment, so it’s not exactly—

[Rabbi Michael Abraham] the same view.

[Speaker C] Tosafot emphasize that you are not affecting it at that same moment.

[Speaker D] Right, exactly. The time gap does matter. The gap—yes, according to Tosafot.

[Rabbi Michael Abraham] Yes, but the Rosh disagrees with Tosafot.

[Speaker D] The Rosh doesn’t go that way.

[Rabbi Michael Abraham] Right, the Rosh explains with the very interpretation Tosafot rejected. He says that the fact that later on it will go out—even if there is a time gap—that still does not mean there is an exemption of indirect causation, because in the end his intention was fulfilled, so there is no exemption of indirect causation. Okay? Now this is an interesting point, because let’s remember what the Rosh wrote in tractate Bava Kamma. The Rosh—so this looks very much like Rashi, right? After all, this distinction of the later authorities, this distinction of the later authorities was said in Rashi’s view. How does Rashi say that winnowing with the assisting wind is indirect causation and yet liable? After all, in causing extinguishing we rule that one is exempt, and the assumption is that Rashi said his words as practical law too, not only according to Rabbi Yosi. So they distinguish: here he touched the things and there he did not touch the things. But the Rosh learns Bava Kamma differently. He says it is because winnowing is a special labor done by indirect causation. So what place is there for the distinction the Rosh makes here in tractate Beitzah? Such a distinction was said in Rashi’s view, not in the Rosh’s. If the Rosh says this distinction, then he could have explained tractate Bava Kamma like Rashi too, and not singled out the labor of winnowing as different from other labors. Rather, he could simply have said: in winnowing with the assisting wind the person was involved, therefore he is liable—even according to the Rabbis he is liable. Why do you need to get to the point that winnowing is a special labor done with the help of the wind? Fine? The Rosh is a little difficult against himself, the Rosh according to his own approach. Look, I mentioned the Avnei Nezer; he raises a very interesting possibility. I didn’t bring a quotation from him, so I’ll tell you orally. Avnei Nezer claims that the Rosh does not mean what we said earlier, the distinction of the later authorities in Rashi. Rather, the Rosh means to say that when you take the oil, you extinguished. Why did you extinguish? Because before you took the oil, all the oil was considered oil that is now burning. True, the fire is only grasping the wick, but that doesn’t matter; all the oil in the lamp is considered to be burning. And once you take the oil out of the lamp, the oil you took is no longer burning; it is no longer connected to the whole system of the burning lamp. So you extinguished that oil that you took. That is the extinguishing. And that is direct extinguishing, not indirect causation. The Rosh does not distinguish between two levels of indirect causation—indirect causation where you are involved in the act, and indirect causation where it happens only indirectly. No. The Rosh claims that in extinguishing, when you take the oil from the lamp, this is simply not indirect causation at all; it is direct extinguishing. Because extinguishing does not mean removing the fire—that is not the definition of the labor of extinguishing. The definition of the labor of extinguishing is to stop the burning of the oil. The oil was burning, and now it stops burning. Or in other words, it is not removal of the fire, but saving the fuel. The labor of extinguishing is not the elimination of fire; the labor of extinguishing is the saving of combustible material. That is the definition of the labor of extinguishing.

[Speaker D] And here I took the oil, I saved fuel. So is that a labor not needed for its own sake?

[Rabbi Michael Abraham] Why? No, this is the labor of extinguishing. That is the labor of extinguishing; there is no other need in extinguishing. This is the labor of extinguishing.

[Speaker D] Ah, this is the labor of extinguishing?

[Rabbi Michael Abraham] Yes. Now of course this is not precise, because the Talmudic text says that in extinguishing it is only when he wants the coals—that is the “needed for its own sake.” We need to understand how he deals with that point; in that respect it is not clear. What?

[Speaker D] It doesn’t work.

[Rabbi Michael Abraham] No, unless he says, what do you mean, you need the coals? It’s like—like saving the fuel itself. After all, you’re extinguishing the coals, and the coals were the burning material. You want the burning material, and that’s why you extinguish it. So how is that different from extinguishing because you want the oil? It’s the same thing. Saving the burning material. Never mind, I think that can be understood. In any case, I think that in the Rosh’s formulation, it doesn’t seem to me that this fits in. I want to finish with a comment about the exemption of indirect causation. There could be, after all, a contradiction between the passages: regarding the labor of extinguishing we say that causing extinguishing is permitted, while regarding winnowing we say that indirect causation is prohibited. I said it could be that winnowing is the exception and indirect causation is permitted, but winnowing is unique and therefore one is liable—that’s the Rosh. It could be that extinguishing is the exception. Meaning, in general indirect causation is prohibited—that’s Rashi—but extinguishing is exceptional. Why is extinguishing exceptional? We saw several possibilities. I’ll suggest another one. When I extinguish a fire, in general, extinguishing is always just bringing the time of the extinguishing earlier. If I hadn’t touched it, it would also have gone out. Once the fuel was used up, it would have gone out, right? So what did I do by extinguishing it now? All I did was bring the time of the extinguishing earlier, right?

[Speaker C] Unless it would go out only after the Sabbath.

[Rabbi Michael Abraham] It doesn’t matter—what difference does that make? I still only brought the time

[Speaker C] of the extinguishing forward to Sunday.

[Rabbi Michael Abraham] Yes, still, all I did in terms of the benefit, in terms of the result, was to bring forward the time of the extinguishing—the extinguishing itself, sorry, not causing the extinguishing. That is the definition of the labor of extinguishing. Think, for example, about cooking. What is the labor of cooking? To cook. But I don’t cook; I just put it on the fire. Right? It cooks on its own. Clearly, the definition of the labor of cooking is putting it on the fire. There’s a condition that it actually get cooked, but when you ask what the definition of the labor is—it’s putting it on the fire. After that the fire cooks it, and so it gets cooked. I’m arguing that the labor of kindling—or the labor of extinguishing, sorry—is the same kind of thing. The labor of extinguishing is not to achieve the result of extinguishing, because that result would come anyway; it’s only to bring about that result earlier, right? So if that’s so, it may be that bringing the extinguishing closer, or causing extinguishing, is prohibited because specifically in the labor of extinguishing, that’s what is prohibited.

[Speaker B] Is that the definition of the labor? Do you hear? Is that the definition of the labor of extinguishing?

[Rabbi Michael Abraham] Yes, the definition of the labor of extinguishing is bringing the act of extinguishing earlier. Okay, so now how do I define the labor of extinguishing? Is it a prohibition on an act or a prohibition on a result? Clearly on an act, right? A result-prohibition would mean that now there’s no fire—I removed the fire. But no, that result would have happened anyway. What’s prohibited for me is to perform an act that brings about an earlier appearance of that result. So extinguishing is an act-prohibition, not a result-prohibition. But with act-prohibitions, it really makes more sense that there would be an exemption for indirect causation. Why? Because if I did it indirectly, then that’s not my act. What is indirect causation? When I do it indirectly, that means the act is the wind’s, not mine. And if the whole prohibition is a prohibition on an act, then there will be an exemption for indirect causation. But in winnowing, where the wind assists him, there it’s like the labor of selecting: the prohibition is a prohibition on the result, that in the end the chaff is separated from the grain. So there, why should I care that it happened indirectly? After all, his intention was fulfilled, as Rashi says. Bottom line, the result he aimed at was achieved. So why should I care that he did it indirectly? Therefore there indirect causation would incur liability. And then what comes out of this—and a number of later authorities (Acharonim) wrote this—is that exemptions of indirect causation were stated only with regard to act-prohibitions. Because with act-prohibitions my act is required, and if I did it by means of indirect causation, then there is no act of mine here, and therefore I am exempt. But prohibitions that are result-prohibitions—even if I achieved the result by indirect causation, in the end the result was achieved through me, and so even with indirect causation I would be liable; there would be no exemption for indirect causation. So then this is not some general statement about the laws of the Sabbath; rather, it depends on the nature of the prohibited labor. Extinguishing is an act-labor, and winnowing is a result-labor. This is not a distinction between Sabbath and the rest of the Torah; it’s a distinction within Sabbath itself as well. The question is whether it is an act-prohibition or a result-prohibition. And in the rest of the Torah too, by the way, if there are act-prohibitions, then indirect causation would be exempt. For example, in damages, I want to say according to this that for damage you pay for the damaging act that you performed. The result is only the practical circumstance needed to say: something happened, compensate for it. But what do you pay for? For the damaging act that you performed. If you did it indirectly, then you did not perform an act of damage, and therefore you are exempt. If one fanned a fire and the wind fanned it further, he is exempt in damages. On the Sabbath, why is he liable? Because on the Sabbath we’re talking about the act of winnowing. The act of winnowing is a result-prohibition. And a result-prohibition does not have an exemption for indirect causation, because in the end the result was achieved. Now, this is a very common approach among later authorities (Acharonim): the exemption of indirect causation is only an exemption for act-prohibitions, not an exemption for result-prohibitions. In result-prohibitions, even if done indirectly, one would still be liable. What is a result-

[Speaker B] prohibition, for example? How would that explain the dispute between Tosafot and the Rosh? I can’t hear. How would that explain the dispute between Tosafot and the Rosh?

[Rabbi Michael Abraham] No, no, no, I wasn’t talking about the dispute between Tosafot and the Rosh. I was talking about the contradiction between Bava Kamma and Sabbath. Why in winnowing, when the wind assists him, is he liable, while causing extinguishing is permitted? Because extinguishing is an act—it’s an act-prohibition—so with indirect causation you didn’t do anything. But in winnowing it’s a result-prohibition, so even if you did it indirectly, you reached the result. Now, it’s possible to say—there are medieval authorities (Rishonim) from whom one can see that the exact opposite comes out. Wait a second. There are medieval authorities (Rishonim) from whom it comes out that the exemption of indirect causation actually stems from the fact that the result is not attributed to me. In the case of winnowing where the wind assists him, why am I exempt? Because although the result happened, I didn’t do it. So why should I be liable? The one that did it was the wind. Notice, here I’m saying that the prohibition is a result-prohibition. But clearly, the fact that the result happened is not in itself enough to make me liable. It also has to be attributed to me. Right? If I did it indirectly, then the wind did it; it’s not attributed to me, and therefore I am exempt. And then the exact opposite comes out from what I said earlier—one hundred and eighty degrees the opposite. Specifically in result-prohibitions there would be an exemption for indirect causation. Because in result-prohibitions the act has to be attributed to me. If it happened indirectly, the act is not attributed to me, but to the wind. But if the prohibition is a prohibition on an act, then so what if I did the act indirectly? There was still an act here, only indirectly. So there is at least room—it’s not necessary, but there is at least room—to say that I am still liable even though it was done indirectly. And if before I said that indirect causation exempts in act-prohibitions but not in result-prohibitions, now it comes out that it specifically exempts in result-prohibitions, while in act-prohibitions it remains open—maybe yes and maybe no. Because it depends on how I understand the exemption of indirect causation. Does the exemption of indirect causation stem from the fact that there was no act here, or from the fact that there was an act but the result is not attributed to me? The second formulation actually speaks about result-prohibitions. The first formulation speaks about act-prohibitions. And therefore the conclusions are opposite conclusions. Is it specifically in act-prohibitions that there is an exemption of indirect causation and not in result-prohibitions, or specifically in result-prohibitions that there is an exemption of indirect causation and not in act-prohibitions? Usually, among later authorities (Acharonim), they accept the first formulation: that indirect causation exempts in act-prohibitions and not in result-prohibitions.

[Speaker C] Rabbi, what about someone who places bread in the oven and the Talmud asks whether the second person may remove it in order to spare him from committing a transgression? So we see that the main thing is the result and not the act.

[Rabbi Michael Abraham] No, I said that the prohibition is an act-prohibition, but if the result didn’t occur, then the condition needed in order to make me liable was not fulfilled. If the act did not bring about the relevant result, then one is not liable for it. But still, what I did was only an act. The result happened. Therefore they discuss there what happens if I placed it on the Sabbath and it got cooked after the Sabbath, or something like that. So if it’s only a condition, then if it got cooked after the Sabbath, the condition was fulfilled, and I placed it there on the Sabbath, so I’m liable. I don’t care that it got cooked after the Sabbath. Do I understand the prohibition as a prohibition on the result, such that the result is attributed to me—the result happened after the Sabbath? That is a dispute among later authorities (Acharonim), and they tie it exactly to this point. Just one last point I want to make. We saw in the passage in tractate Sabbath about causing extinguishing, that “doing” is what is prohibited, but indirect causation is permitted. Right? That connects very well to the first formulation of the later authorities (Acharonim): when there are act-prohibitions, if you did it indirectly, there was no act, and therefore it is permitted. But with result-prohibitions there is no exemption for indirect causation. In the Talmud’s formulation this is excellent. It says, “You shall not do any labor”—doing is what is prohibited, but indirect causation is permitted. Since on the Sabbath the prohibitions are act-prohibitions, and you did it indirectly, then there is no act of yours here, and therefore you are exempt.

[Speaker D] So then that’s an exception?

[Rabbi Michael Abraham] It’s an exception, or at least a kind of exception; it could be there are others like it. Okay? I assume that selecting is like this too. Winnowing, selecting, and sifting are the same type of labor. The approaches that say that specifically in a result-prohibition there is an exemption don’t fit so well with this derivation in tractate Sabbath: doing is what is prohibited, but indirect causation is permitted. But we already saw that in the final conclusion, that derivation does not remain. So it could be that indeed that was the initial assumption, but in the final conclusion it doesn’t remain. Fine. Okay, we’ll stop here. For us, this is basically the end of the semester.

[Speaker B] No, no, no, Rabbi, I want to update you—there are classes next week. What? There are classes next week, that’s what Eran said. He just wrote to me now; he also wrote to you. Right?

[Rabbi Michael Abraham] Because earlier he wrote—he wrote to us yesterday—that it was only through Wednesday, so I didn’t understand.

[Speaker B] But I was just messaging with him now and he said that he would write to you right now.

[Rabbi Michael Abraham] That’s what I thought. Okay, so if that’s the case, then on Thursday we’ll do something else. Great, okay, bye, thank you very much, more power to you.

[Speaker D] Thanks.

[Speaker C] It says until the third of July, so apparently inclusive.

[Rabbi Michael Abraham] No, I also understood that it was through Thursday. I just got a message from him yesterday saying it was through Wednesday, so I didn’t understand.

[Speaker C] No, it’s inclusive. We knew it was Thursday; we knew the whole time that it was until—

[Rabbi Michael Abraham] Very good. Goodbye.

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