Shabbat 10

Chapter 10

א בְּשַׁבָּת, חַיָּב בְּכָל שֶׁהוּא. וְכָל אָדָם אֵין חַיָּב עָלָיו אֶלָּא כְשִׁעוּרוֹ. חָזַר וְהִכְנִיסוֹ, אֵינוֹ חַיָּב עָלָיו אֶלָּא כְשִׁעוּרוֹ:

1 If one secretes seed (to sow) or (something) as a sample [to show others so that they buy from him], or for healing purposes [and he forgot on Shabbath why he had secreted it] and he took it out on Shabbath [with no particular intent], he is liable for any amount, [for he took it out subject to his first intent, in which he accorded it significance]; and every other person is liable only for its [stipulated] quantity. If he [the one who secreted less than its quantity] then took it back [i.e., If he decided not to sow it and took it back], he is liable only for its (stipulated) quantity. [He is not liable for taking it back unless it is of the full stipulated quantity, for since he decided not to sow it, his (original) intent was voided, and he is like any other person.]

ב הַמּוֹצִיא אֳכָלִין וּנְתָנָן עַל הָאַסְקֻפָּה, בֵּין שֶׁחָזַר וְהוֹצִיאָן בֵּין שֶׁהוֹצִיאָן אַחֵר, פָּטוּר, מִפְּנֵי שֶׁלֹּא עָשָׂה מְלַאכְתּוֹ בְּבַת אֶחָת. קֻפָּה שֶׁהִיא מְלֵאָה פֵרוֹת וּנְתָנָהּ עַל הָאַסְקֻפָּה הַחִיצוֹנָה, אַף עַל פִּי שֶׁרֹב הַפֵּרוֹת מִבַּחוּץ, פָּטוּר, עַד שֶׁיּוֹצִיא אֶת כָּל הַקֻּפָּה:

2 If one takes out food and places it on the lintel, [which is a karmelith, as when it is three to nine cubits high and four cubits wide], whether he or another then took it out, he is not liable, for he did not perform his labor at one time. [He did not perform akirah in the private domain and hanachah in the public domain, a "place of liability," which would make his labor a complete one — but he performed akirah in a "place of liability," and hanachah in a karmelith, for which hanachah he is not liable, and then he performed akirah in the karmelith, which is not a "place of liability," and hanachah in the public domain, so that akirah from a place of liability and hanachah in a place of liability was not performed at one time (i.e., in the same act).] If he placed a basket on the outer doorstep [facing the public domain], even if most of the fruits are outside (i.e., in the public domain), he is not liable until he takes out [i.e., until he takes out in the beginning] the entire basket. And this is so only if the basket is full of cucumbers and gourds, which are long, so that some of them are still inside; but if it were full of mustard plants, where many of them are entirely outside, it is considered as if he took out the entire basket and he is liable.]

ג הַמּוֹצִיא בֵּין בִּימִינוֹ בֵּין בִּשְׂמֹאלוֹ, בְּתוֹךְ חֵיקוֹ אוֹ עַל כְּתֵפוֹ, חַיָּב, שֶׁכֵּן מַשָּׂא בְנֵי קְהָת. כִּלְאַחַר יָדוֹ, בְּרַגְלוֹ, בְּפִיו וּבְמַרְפְּקוֹ, בְּאָזְנוֹ וּבִשְׂעָרוֹ, וּבְפֻנְדָּתוֹ וּפִיהָ לְמַטָּה, בֵּין פֻּנְדָּתוֹ לַחֲלוּקוֹ, וּבִשְׂפַת חֲלוּקוֹ, בְּמִנְעָלוֹ, בְּסַנְדָּלוֹ, פָּטוּר, שֶׁלֹּא הוֹצִיא כְּדֶרֶךְ הַמּוֹצִיאִין:

3 If one takes out (something on Shabbath), whether in his right hand or his left hand, in his bosom, or on his shoulder, he is liable, for this was the (manner of) carrying of the sons of Kehath [viz. (Numbers 7:9): "On the shoulder they bore." And right hand, left hand, or bosom are customary ways of carrying.] (If he takes something out) on top of his hand, on his foot, in his mouth, in his elbow, in his ear, in his hair, or in his pundah [a hollow belt] with its mouth downwards [This is not the normal way of carrying; but mouth upwards is. Another interpretation: "afundatho," a garment worn close to the skin to absorb sweat. They would make pockets in it, and when it was turned upside down, the mouth of the pocket faced downwards.], between his pundah and his garment, in the [bottom] edge of his garment, in his shoe, or in his sandal, he is not liable, for this is not the customary way of carrying.

ד הַמִּתְכַּוֵּן לְהוֹצִיא לְפָנָיו וּבָא לוֹ לְאַחֲרָיו, פָּטוּר, לְאַחֲרָיו וּבָא לוֹ לְפָנָיו, חַיָּב. בֶּאֱמֶת אָמְרוּ, הָאִשָּׁה הַחוֹגֶרֶת בְּסִינָר בֵּין מִלְּפָנֶיהָ וּבֵין מִלְּאַחֲרֶיהָ חַיֶּבֶת, שֶׁכֵּן רָאוּי לִהְיוֹת חוֹזֵר. רַבִּי יְהוּדָה אוֹמֵר, אַף מְקַבְּלֵי פִתְקִין:

4 If one intended carrying out (an object) in front of him, and it ended up in back of him, he is not liable, [for he intended greater protection (of the object) and ended up with lesser protection.] (If he intended carrying it out) in back of him, and it ended up in front of him, he is liable. [For he intended (even) lesser protection and ended up with greater protection.] In truth it was said: A woman who wears a sinar [a small garment worn for modesty] is liable. [If she hangs something on it to take out, and it ends up on the other side, she is liable], for it is customary for it to do so, [and she knew this in the beginning.] The same applies to the receivers of missives [of the king. The couriers who carry them place them in hollow reed-like wooden containers, which they place on their necks and which, as they are aware, are wont to turn back and forth. The halachah is not in accordance with R. Yehudah.]

ה הַמּוֹצִיא כִכָּר לִרְשׁוּת הָרַבִּים, חַיָּב. הוֹצִיאוּהוּ שְׁנַיִם, פְּטוּרִין. לֹא יָכֹל אֶחָד לְהוֹצִיאוֹ וְהוֹצִיאוּהוּ שְׁנַיִם, חַיָּבִים. וְרַבִּי שִׁמְעוֹן פּוֹטֵר. הַמּוֹצִיא אֳכָלִין פָּחוֹת מִכַּשִּׁעוּר בִּכְלִי, פָּטוּר אַף עַל הַכְּלִי, שֶׁהַכְּלִי טְפֵלָה לוֹ. אֶת הַחַי בַּמִּטָּה, פָּטוּר אַף עַל הַמִּטָּה, שֶׁהַמִּטָּה טְפֵלָה לוֹ. אֶת הַמֵּת בַּמִּטָּה, חַיָּב. וְכֵן כַּזַּיִת מִן הַמֵּת וְכַזַּיִת מִן הַנְּבֵלָה וְכָעֲדָשָׁה מִן הַשֶּׁרֶץ, חַיָּב. וְרַבִּי שִׁמְעוֹן פּוֹטֵר:

5 If one takes a loaf out to the public domain, he is liable. If two took it out, they are not liable. [This is derived from (Leviticus 4:27): "in doing it, one of the mitzvoth of the L rd which may not be done" — one who does all of it, and not one who does part of it.] If one could not take it out, and two took it out, they are liable. R. Shimon exempts them, [holding that even if one could not do it, if two did it, they are not liable. The halachah is not in accordance with R. Shimon.] If one takes out food less than the (stipulated) quantity in a vessel, he is not liable even for the vessel, for the vessel is "subservient" to the food. (If one takes out) a living person in a bed, he is not liable even for the bed, for the bed is subservient to the person. [He is not liable for taking out the living person if he is not bound, for a living person "carries" himself. And this is so only with a human being, but not with beast, animal, or bird, for they are regarded as "bound."] Likewise, (if one took out) an olive-size of a dead body, an olive-size of carrion, or a lentil-size of sheretz, he is liable. [For since an olive-size of a dead body causes uncleanliness, taking it out is an act of importance, viz., to rescue oneself from uncleanliness. The same applies to an olive-size of carrion and a lentil-size of sheretz, this being their stipulated quantity for uncleanliness.] R. Shimon exempts (from liability) [even carrying out a dead body, this being "a labor which is not needed for itself," any act whose purpose is only to remove something, being subsumed in this formulation in that it is not a labor of "design." The halachah is not in accordance with R. Shimon.]

ו הַנּוֹטֵל צִפָּרְנָיו זוֹ בָזוֹ, אוֹ בְשִׁנָּיו, וְכֵן שְׂעָרוֹ, וְכֵן שְׂפָמוֹ, וְכֵן זְקָנוֹ, וְכֵן הַגּוֹדֶלֶת, וְכֵן הַכּוֹחֶלֶת, וְכֵן הַפּוֹקֶסֶת, רַבִּי אֱלִיעֶזֶר מְחַיֵּב, וַחֲכָמִים אוֹסְרִין מִשּׁוּם שְׁבוּת. הַתּוֹלֵשׁ מֵעָצִיץ נָקוּב, חַיָּב, וְשֶׁאֵינוֹ נָקוּב, פָּטוּר. וְרַבִּי שִׁמְעוֹן פּוֹטֵר בָּזֶה וּבָזֶה:

6 If one removes his nails, one (hand removing) from the other, or with his teeth; likewise, his moustache; likewise, his beard. Similarly, if one plaits (godeleth) [her hair. The targum of (Exodus 28:14): "avothoth" ("wreathed") is "gedilatha"], or paints [her eyes with kohl], or if she parts her hair [in the middle between the temples] — R. Eliezer rules (that one who does so is) liable [for a sin-offering: painting the eyes, by reason of "writing"; plaiting and parting, by reason of "building"], and the sages forbid it by reason of "shvuth" ("resting," a rabbinic ordinance). [For they hold that these are not the customary ways of writing and building. The halachah is in accordance with the sages. And it is only one who removes his nails and his hair with his hands that the rabbis exempt from a sin-offering and from stoning. But if one does so with an instrument, they concur that he is liable for a sin-offering (when he removes two hairs). And if one pulls out the hair of his head, even with his hand, he is liable. And if most of a nail came loose, or most of a hair were torn, causing distress, it may be removed by hand ab initio.] If one tears off (a plant) from a flower pot with a hole, he is liable, [it being regarded as rooted to the ground in that it is "nourished" from the ground through the hole, absorbing the moisture of the soil (even if the hole is in the side.) The required size of the hole (in this connection) is that of a small root; and if it has no hole, he is not liable. R. Shimon exempts him in either case, [it not being considered as rooted to the ground to make him liable for stoning. The halachah is not in accordance with R. Shimon.]

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