Shabbat 23

שׁוֹאֵל אָדָם מֵחֲבֵרוֹ כַּדֵּי יַיִן וְכַדֵּי שֶׁמֶן, וּבִלְבַד שֶׁלֹּא יֹאמַר לוֹ הַלְוֵנִי, וְכֵן הָאִשָּׁה מֵחֲבֶרְתָּהּ כִּכָּרוֹת. וְאִם אֵינוֹ מַאֲמִינוֹ, מַנִּיחַ טַלִּיתוֹ אֶצְלוֹ וְעוֹשֶׂה עִמּוֹ חֶשְׁבּוֹן לְאַחַר שַׁבָּת. וְכֵן עֶרֶב פֶּסַח בִּירוּשָׁלַיִם שֶׁחָל לִהְיוֹת בְּשַׁבָּת, מַנִּיחַ טַלִּיתוֹ אֶצְלוֹ וְנוֹטֵל אֶת פִּסְחוֹ, וְעוֹשֶׂה עִמּוֹ חֶשְׁבּוֹן לְאַחַר יוֹם טוֹב:

A man may ask of his neighbor (on Shabbath) pitchers of wine and pitchers of oil, so long as he does not say: "Lend me." [For "a loan" connotes "for a long time," and it is ruled that "a loan," unqualified, is for thirty days — so that the lender might come to write in his account book (on Sabbath): "I lent that man this and this," so that he not forget.] Likewise, a woman (may ask) loaves of her neighbor. And if he does not trust him, he leaves his cloak with him and he makes an accounting with him after Shabbath. Likewise, on Pesach eve in Jerusalem which falls out on Shabbath, he leaves his cloak with him [if he does not trust him] and he takes his Pesach offering [and dedicates it on Shabbath, for time-specific obligations may be dedicated on Shabbath.], and he makes an accounting with him after the festival.

מוֹנֶה אָדָם אֶת אוֹרְחָיו וְאֶת פַּרְפְּרוֹתָיו מִפִּיו, אֲבָל לֹא מִן הַכְּתָב. וּמֵפִיס עִם בָּנָיו וְעִם בְּנֵי בֵיתוֹ עַל הַשֻּׁלְחָן, וּבִלְבַד שֶׁלֹּא יִתְכַּוֵּן לַעֲשׂוֹת מָנָה גְדוֹלָה כְּנֶגֶד קְטַנָּה, מִשּׁוּם קֻבְיָא. וּמַטִּילִין חֲלָשִׁים עַל הַקָּדָשִׁים בְּיוֹם טוֹב, אֲבָל לֹא עַל הַמָּנוֹת:

A man may count his guests and his portions verbally, but not from a memo. [If he wrote on Sabbath eve: "Such and such guests, etc." so that he not forget them, he may not read from that memo on Shabbath — a decree, lest he erase. Or else, because he might come to read "secular notes," and on Shabbath it is permitted to read only the written Law and the oral Law (after it was written down), and their commentaries. But other things, or books of wisdom which are not of words of prophecy or their exegeses are forbidden.] And one may cast lots at the table [(to determine who will get which portion)] with his children and family members, [who are "regulars" at his table and who are not overly particular; but not with others, for members of a group who are fastidious with each other, who are not forgiving and yielding with each other, transgress through measuring, weighing, numbering, lending, and paying, the rabbis having decreed against these lest he write.], so long as he not intend a large portion against a small portion, because of gambling. [Our Mishnah is wanting. This is what is meant: "One may cast lots with his children and with his household members at the table, even a large portion against a small portion — but only with his children and household members and not with others. And only if he not intend a large portion against a small portion." It is only then that it is forbidden on a festival and permitted on a weekday. But if he intends a large portion against a small portion, it is forbidden even on a weekday, because of gambling. For this is akin to theft, and asmachta ("reliance") does not effect acquisition. This instance is one of asmachta, for he "relies" on the lot's falling on the large portion, for which reason he acquiesces in the possibility of its falling on the small portion, too. But if he knew ab initio that this would occur, he would not acquiesce.] And it is permitted to cast lots (chalashim) on a festival [upon offerings that were slaughtered on the festival, for distribution among the Cohanim. ("chalashim":) lots, as in (Isaiah 14:12): "Cholesh ('He casts lots') upon the nations."], but not on the portions [of the offerings of the day before.]

לֹא יִשְׂכֹּר אָדָם פּוֹעֲלִים בְּשַׁבָּת, וְלֹא יֹאמַר אָדָם לַחֲבֵרוֹ לִשְׂכֹּר לוֹ פוֹעֲלִים. אֵין מַחְשִׁיכִין עַל הַתְּחוּם לִשְׂכֹּר פּוֹעֲלִים וּלְהָבִיא פֵרוֹת, אֲבָל מַחְשִׁיךְ הוּא לִשְׁמֹר, וּמֵבִיא פֵרוֹת בְּיָדוֹ. כְּלָל אָמַר אַבָּא שָׁאוּל, כֹּל שֶׁאֲנִי זַכַּאי בַּאֲמִירָתוֹ, רַשַּׁאי אֲנִי לְהַחְשִׁיךְ עָלָיו:

A man may not hire workers on Shabbath, [it being written (Isaiah 58:13): "…from doing your business or speaking words."] And a man may not tell his neighbor to hire workers for him. [This is stated for the sake of the implication, viz.: He may not tell him to hire workers, but he may say: "Shall we see you standing for me at night?" i.e., "Now we shall see if you come to me when it gets dark." And even though both know that he thus gives him notice that he intends to hire him, since he does not mention hiring explicitly, it is permitted, the ruling being: "speaking" is forbidden; deliberating is permitted.] One may not wait for dark at the tchum to hire workers or to bring fruits [i.e., On Shabbath, one may not draw near to the end of the tchum (the Sabbath bound) and wait for dark there to be close to the place of workers or to an orchard to bring fruits. For anything which it is forbidden to do on Shabbath, it is forbidden to wait for on Shabbath until dark], but he may wait for dark [to be near to go out] to guard (his fruits) [for it is permitted to guard one's fruits on Shabbath], and he may bring them in his hand (after Shabbath), [since this was not his prime intent]. Abba Shaul stated a rule: Whatever I am permitted to speak of (on Shabbath) I am permitted to wait for (at the tchum) for dark. [Abba Shaul here differs with the first tanna, who forbids all waiting for dark, making no distinction between doing so for a mitzvah or for a mundane activity. He comes to tell us that waiting for dark for a mitzvah is permitted. For just as it is permitted to tell one's fellow on Shabbath: "Be ready (after Shabbath) to go to bring a casket and burial shrouds for one who has died," so is it permitted to wait for dark at the tchum in order to do so after dark. And what follows, viz.: "It is permitted to wait for dark at the tchum to see to the needs of the bride and the needs of one who has died, etc." is the view of Abba Shaul. The halachah is in accordance with him.]

מַחְשִׁיכִין עַל הַתְּחוּם לְפַקֵּחַ עַל עִסְקֵי כַלָּה, וְעַל עִסְקֵי הַמֵּת לְהָבִיא לוֹ אָרוֹן וְתַכְרִיכִין. גּוֹי שֶׁהֵבִיא חֲלִילִין בְּשַׁבָּת, לֹא יִסְפֹּד בָּהֶן יִשְׂרָאֵל, אֶלָּא אִם כֵּן בָּאוּ מִמָּקוֹם קָרוֹב. עָשׂוּ לוֹ אָרוֹן וְחָפְרוּ לוֹ קֶבֶר, יִקָּבֵר בּוֹ יִשְׂרָאֵל, וְאִם בִּשְׁבִיל יִשְׂרָאֵל, לֹא יִקָּבֵר בּוֹ עוֹלָמִית:

It is permitted to wait for dark at the tchum to see to the needs of the bride and the needs of one who has died, to bring casket and shrouds for him. If a gentile brought flutes on Shabbath, a Jew is forbidden to use them in mourning, [a penalty, it being manifest that they were brought for a Jew], unless they came from nearby, [i.e., unless we know of a certainty that they came from a place within the tchum and not outside it]. If they (gentiles) made a casket for him [for a gentile to be buried in, or to sell] or dug a grave for him, a Jew may be buried therein; and if he made it for a Jew, he may never be buried therein.

עוֹשִׂין כָּל צָרְכֵי הַמֵּת, סָכִין וּמְדִיחִין אוֹתוֹ, וּבִלְבַד שֶׁלֹּא יָזִיזוּ בוֹ אֵבֶר. שׁוֹמְטִין אֶת הַכַּר מִתַּחְתָּיו וּמַטִּילִין אוֹתוֹ עַל הַחֹל בִּשְׁבִיל שֶׁיַּמְתִּין. קוֹשְׁרִים אֶת הַלֶּחִי, לֹא שֶׁיַּעֲלֶה, אֶלָּא שֶׁלֹּא יוֹסִיף. וְכֵן קוֹרָה שֶׁנִּשְׁבְּרָה, סוֹמְכִין אוֹתָהּ בְּסַפְסָל אוֹ בַּאֲרֻכּוֹת הַמִּטָּה, לֹא שֶׁתַּעֲלֶה, אֶלָּא שֶׁלֹּא תוֹסִיף. אֵין מְעַמְּצִין אֶת הַמֵּת בְּשַׁבָּת, וְלֹא בְחֹל עִם יְצִיאַת נֶפֶשׁ. וְהַמְעַמֵּץ עִם יְצִיאַת נֶפֶשׁ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים:

All the needs of one who has died may be attended to (on Shabbath). He may be anointed [with oil] and rinsed [with water. And his upper and lower openings may be stopped up with a cloth or something else, so that wind not enter therein and he swell.], so long as he (the one in attendance) not stir a limb [i.e., that he not move and lift his hand or his foot or his eyelashes, it being forbidden to move a dead person or any of his limbs, even though it is permitted to touch him. And so with all muktzeh — it is permitted to touch it and forbidden to move it. And it is forbidden even to touch an egg hatched on Shabbath or on a festival, for, because of its roundness, "its touching is its moving."] The mattress may be removed from under him so that he come to lie on the sand and be preserved [and not putrefy quickly because of the heat of the sheets and the mats. But he may not be moved to place him upon the sand, as stated above: "so long as he not stir a limb."] His jaw may be closed [if it were opening] — not to move it up [i.e., not to close what had already opened, for this would entail moving a limb], but [to insure] that it not (open) further. Similarly, if a beam had broken, it may be supported with a bench or a bedpost [whose status is that of a movable) article] — not to raise it, [for that would be boneh ("building")], but [to insure] that it not (break) further. The eyes of a dead man may not be closed on Shabbath, [even after he has expired, this constituting moving of a limb], and (they may also) not be closed on a weekday. And if one closes a man's eyes as he is dying, he is a spiller of blood, [for the slightest thing may hasten his death.]